DECEMBER 9, 2008 AGENDA
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MA YOR MEYERA E. OBERNDORF, At-Large
VICE MA YOR LOUIS R. JONES, Bayside - District 4
WILLIAM R. DeSTEPH, At-Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. DYER" Centerville - District I
BARBARA M. HENLEY, Princess Anne - District 7
REBA S. McCLANAN, Rose Hall - District 3
JOHN E. UHRIN, Beach - District 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES FRASER. MMC
09 DECEMBER 2008
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
1.
CITY COUNCIL BRIEFING
- Conference Room -
2:30 PM
A. COMMUNICATIONS AND INFORMATION TECHNOLOGY AUDIT
Lyndon Remias, City Auditor
n. CITY MANAGER'S BRIEFING
A. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
Patricia Phillips, Finance Director
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA
V.
INFORMAL SESSION
- Conference Room -
4:15 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
12. Ordinance to APPROPRIATE $132,000 DEA seized property funds to the Commonwealth's
Attorney re purchase of office equipment
13. Ordinances re SCHOOL funding:
a. APPROPRIATE $33,065,747 from the School Special Revenue Fund re various Capital
Projects
b. APPROPRIATE $679,448 and substitute funding sources in the FY 2008-09 Capital Budge
re School renovations
14. Ordinance to TRANSFER $740,000 re rights-of-way acquisition for the Southeastern
Parkway and Greenbelt Project
L. PLANNING
1. Applic,ation of MILITARY AVIATION MUSEUM for Modification and Addition of
Conditions (approved by City Council on January 9,2007) at 1341 Princess Anne Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION:
APPROVAL
2. Application of BUKOLA A. ODUYELU, D.D.S., P.C. for a Change of Zoning District
Classification from R-20 Residential District to Conditional 0-1 Office District at 2264 London
Bridge Road re an office building at SGA 10, South Oceana Area.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION:
APPROVAL
3. Application of 501 22ND STREET, LLC for a Change of Zoning District Classification from
A-12 Apartment District to Conditional RT-3 Resort Tourist District at 501 22nd Street re a
produd showroom and office at the Resort Area.
DISTRICT 6 - BEACH
RECOMMENDATION:
APPROV AL
4. Application of AGAPE FULL GOSPEL DELIVERANCE and WORSHIP CENTER for a
Conditional Use Permit re a church and related facilities at 6620 Indian River Road.
DISTR][CT 2 - KEMPSVILLE
RECOMMENDATION:
APPROVAL
M. APPOINTMENTS
BEACHES AND WATERWAYS COMMISSION
COMMUNITY SERVICES BOARD
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
TIDEW A TiER REGIONAL GROUP HOME COMMISSION
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
Effective 1 January 2009:
Virginia Beach City Council will hold
Informal and Formal Sessions
on the second and fourth Tuesdays of each month.
Workshops will be scheduled
for the first and third Tuesdays of each month
per action taken 11. 18.08.
A Special Formal Session will be held
Monday, January 5, 2009 at 4:00 PM
for the REORGANIZATION of City Council
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
Agenda 12/09108 gw/st
www.vbl!ov.com
I.
CITY COUNCIL BRIEFING
- Conference Room -
2:30 PM
A. COMMUNICATIONS AND INFORMATION TECHNOLOGY AUDIT
Lyndon Remias, City Auditor
II. CITY MANAGER'S BRIEFING
A. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
Patricia Phillips, Finance Director
III. CITY COUNCIL COMMENTS
IV: REVIEW OF AGENDA
V. INFORMAL SESSION
- Conference Room -
4:15 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Rabbi Israel Zoberman
Beth Chaverim Synagogue
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL and FORMAL SESSIONS
November 25,2008
2.
INFORMAL and FORMAL SESSIONS
December 2, 2008
G. AGENDA FOR FORMAL SESSION
.,solutinn
CERTIFICA TION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
H. PUBLIC HEARINGS
l. ACQUISITION OF EASEMENTS - Cape Henry Beach
2. RENTAL INSPECTION - Exemption of Fees
3. LEASE OF CITY PROPERTY - 2181 and 2257 Landstown Road
4. REAL and PERSONAL PROPER TY TAX - Proposed Exemptions
5. EMERGENCY MEDICAL SERVICES (EMS) Private Ambulance Service
/9605753
Date 111/25/200_~______J
Time11:27 J:.~~
The Virginia Beach City Council will hold a PUBLIC
HEARING on the proposed acquisition of permanent beach
easements, by agreement or condemnation, to confirm public
rights in the beach for public recreation and for sand
re-nourishment at Cape Henry Beach (CIP 8-014), Tuesday,
December 9, 2008, at 6:00 p.m., in the Council Chamber of
the City Hall Building (Building #1) at the Municipal Center,
Virginia Beach, Virginia. The plats for the Project are on file in
the Coastal Engineering Division, Department of Public
Works, at the Municipal Center. The purpose of this Hearing
will be to obtain public input regarding authorizing
condemnation to confirm such public rights.
If you are physically disabled or visually Impaired and
need assistance at this meeting, please call the CITY
CLERK'S OFFICE at 385-4303; Hearing Impaired,
call 1-800-828-1120 (Virginia Relay -Telephone Device for
the Deaf).
Any questions concerning this matter should be directed to
the Office of Coastal Engineering, Building #2, at the Virginia
Beach Municipal Center. The Telephone number is (757)
385-4131.
Ruth Hodges Smith, MMC
City Clerk
VP November 30,2008
19605753
Ad shown is not actual print size
Public Hearing
Proposed Amendment to City Code Section 16-12.7
On December 9, 2008, at 6:00 p.m., the Virginia Beach City Council
will hold a Public Hearing concerning the adoption of a proposed ordinance
to amend City Code Section 16-12.7 regarding the exemption of certain
housing units from the payment of rental inspection fees. A copy of such
proposed ordinance is available for inspection at the City's Department of
Housing and Neighborhood Preservation.
The aforesaid Public Hearing will be held in the City Council
Chamber, located on the 2nd floor of the City Hall Building (Building 1),
2401 Courthouse Drive, Virginia Beach, Virginia. Any citizen interested in
:ratter may appear and be heard.
~~~ ,...Hodges Fraser, MMC
City Clerk
.:1613528
Date 111/2~/2008 ______J
Time 12:49'PM I
'-=_-------._..1
The Virginia Beach City Council will hold a PUBLIC
HEARING on the proposed leasing of City-owned property
on Tuesday, December 9, 2008, at 6:00 p.m.,
in the Council Chamber of the City Hall Building (Building #1)
at the Virginia Beach Municipal Center to obtain public
comment on the City's proposal to lease:
13.9 acres +/-, with an option to lease an additional 23
acres +/-, at 2181 and 2257 Landstown Road, adjacent to
the Sportsplex, to Virginia Beach Reid House, LLC
If you are physically disabled or visually Impaired and
need assistance at this meeting, please call the CITY
CLERK'S OFFICE at 385-4303; Hearing Impaired,
call 711- The Virginia Relay.
Any questions concerning this matter should be directed to
Rick Rowe, Department of Parks and Recreation, 2289
Lynnhaven Parkway. (757) 3850400).
Ruth Hodges Fraser, M MC
City Clerk
VP November 30, 2008
19613528
Ad shown is not actual print size
NOTICE OF PUBLIC HEARING
Proposed Exemptions from Real and Personal Property Taxation
On Tuesday December 9,2008, at 6:00 p.m. in the Council Chamber on the second floor of the City Hall building. Municipal Center, Virginia Beach,
Virginia, the City Council of the City of Virginia Beach will hold a Public Hearing on ordinances to exempt the following entities from local real and/or
personal property taxes:
1. American Cancer Society, South Atlantic Division
Business Personal Property Assessment:
$112,826.80
Business Personal Property Taxes Due:
Vehicle Personal Property Assessment:
Vehicle Personal Property Taxes Due:
Real Estate Assessment:
Real Estate Ta'les Due:
2. American Center for Law and Justice
Business Personal Property Assessment:
Business Personal Property Taxes Due:
Vehicle Personal Property Assessment:
Vehicle Personal Property Taxes Due:
Real Estate Assessment:
Real Estate Taxes Due:
3. Battelle Memorial Institute
Business Personal Property Assessment:
Business Personal Property Taxes Due:
Vehicle Personal Property Assessment:
Vehicle Personal Property Taxes Due:
Real Estate Assessment:
Real Estate Taxes Due:
4. Equi-Kids Therapeutic Riding Program
Business Personal Property Assessment:
Business Personal Property Taxes Due:
Vehicle Personal Property Assessment:
Vehicle Personal Property Taxes Due:
Real Estate Assessment:
Real Estate Taxes Due:
5. Evelyn's Wildlife Refuge Inc.
Business Personal Property Assessment:
Business Personal Property Tax Due:
Vehicle Personal Property Assessment:
Vehicle Personal Property Tax Due:
Real Estate Assessment:
Real Estate Taxes Due:
6. First Landing Foundation:
Business Personal Property Assessment:
Business Personal Property Taxes Due:
Vehicle Personal Property Assessment:
Vehicle Personal Property Taxes Due:
Real Estate Assessment:
Real Estate Taxes Due:
7. Hope for Life Rescue, Inc.
Business Personal Property Assessment:
Business Personal Property Taxes Due:
Vehicle Personal Property Assessment:
Vehicle Personal Property Taxes Due:
Real Estate Assessment:
Real Estate Taxes Due:
8. Let's Talk, Inc.
Business Personal Property Assessment:
Business Personal Property Taxes Due;
Vehicle Personal Property Assessment:
Vehicle Personal Property Taxes Due:
Real Estate Assessment:
Real Estate Taxes Due:
9. Little Theatre of Virginia Beach The
Business Personal Property Assessment:
Business Personal Property Taxes Due:
Vehicle Personal Property Assessment:
Vehicle Personal Property Taxes Due:
Real Estate Assessment:
Real Estate Taxes Due:
10. National Historic Aircraft Foundation
Business Personal Property Assessment:
Business Personal Property Taxes Due:
Vehicle Personal Property Assessment:
Vehicle Personal Property Taxes Due:
Real Estate Assessment:
Real Estate Taxes Due:
$4,174.59
SO
SO
$2,036,400.00
SI8,123.96
SI33,458.80
$4,937.98
SO
$0
SO
SO
$46,380.00
$686.42
SO
SO
SO
SO
S76,831.00
$1,137.10
$31,189.00
S1050.86
S918,700.oo
S8,176.44
$1.345.00
$19.91
SO
$0
$0
$0
$706,273.00
$10,452.84
$14,875.00
$550.38
$0
$0
$2546.00
S37.68
$0
$0
SO
$0
$not taxable until 2009
Snot taxable until 2009
SO
$0
$0
$0
S38,563.20
$1,426.84
SO
$0
$407,300.00
$3,624.98
$15,390.00
$227.77
$4825.00
$178.53
SO
$0
11. Rampona Orphans International and Mission Fund
Business Personal Property Assessment: $8.296.00
Business Personal Property Taxes Due: $122.78
Vehicle Personal Property Assessment: $0
Vehicle Personal Property Taxes Due: $0
Real Estate Assessment: $0
Real Estate Taxes Due: $0
12. Summer Shakes, Inc. (T/A Hampton Roads Shakespeare Fest)
Business Personal Property Assessment: $]2,650.00
Business Personal Property Taxes Due: $187.22
Vehicle Personal Property Assessment: $0
Vehicle Personal Property Taxes Due: $0
Real Estate Assessment: $0
Real Estate Taxes Due: SO
13. Sun Wheelers, Inc.
Business Personal Property Assessment:
Business Personal Property Taxes Due:
Vehicle Personal Property Assessment:
Vehicle Personal Property Taxes Due:
Real Estate Assessment:
Real Estate Taxes Due:
$0
SO
$1.677.00
$62.05
SO
$0
14. Tidewater Division, Mideast Region of the National Model Railroad
Association
Business Personal Property Assessment: $13,299.00
Business Personal Property Taxes Due: $196.83
Vehicle Personal Property Assessment: $0
Vehicle Personal Property Taxes Due: $0
Real Estate Assessment: SO
Real Estate Taxes Due: $0
15. United In Him
Business Personal Property Assessment:
Business Personal Property Taxes Due:
Vehicle Personal Property Assessment:
Vehicle Personal Property Taxes Due:
Real Estate Assessment:
Real Estate Taxes Due:
$2,475.00
$36.63
$4,800.00
$141.38
$0
$0
16. Virginia Beach Court Appointed Special Advocates:
Business Personal Property Assessment: $1,473.20
Business Personal Property Taxes Due: $54.51
Vehicle Personal Property Assessment: $0
Vehicle Personal Property Taxes Due: $0
Real Estate Assessment: $0
Real Estate Taxes Due: SO
17. Virginia Beach Educational Broadcast Foundation,lnc.
Business Personal Property Assessment: $44,887.00
Business Personal Property Taxes Due: $148.13
Vehicle Personal Property Assessment: $2,900.00
Vehicle Personal Property Taxes Due: $107.30
Real Estate Assessment: $0
Real Estate Taxes Due: $0
18. Virginia Beach Events Unlimited:
Business Personal Property Assessment:
Business Personal Property Taxes Due:
Vehicle Personal Property Assessment:
Vehicle Personal Property Taxes Due:
Real Estate Assessment:
Real Estate Taxes Due:
$60,071.20
$2,222.63
$1,125.00
$41.63
$616,500.00
$5,486.86
19. Virginia Society for Human Life Educational Fund, Inc. (Tidewater
Chapter)
Busmess Personal Property Assessment: $60.00
Business Personal Property Taxes Due: $.89
Vehicle Personal Property Assessment: SO
Vehicle Personal Property Taxes Due: $0
Real Estate Assessment: $0
Real Estate Taxes Due: SO
20. Young Musicians of Virginia, Inc.
Business Personal Property Assessment:
Business Personal Property Taxes Due:
Vehicle Personal Property Assessment:
Vehicle Personal Property Taxes Due:
Real Estate Assessment:
Real Estate Taxes Due:
$15,488.00
$229.22
SO
SO
$0
$0
Copies of the proposed ordinances are on file in the office of the City Clerk. All interested citizens are welcome to appear at the Hearing and present their
views on the proposed exemptions. If you are physically disabled or hearing impaired and you need assistance at this meeting, please call 757-427-4305.
Ruth Hodges Fraser, MMC
City Clerk
J. CONSENT AGENDA
K. ORDINANCES/RESOLUTIONS
l. Ordinance to AMEND Section 16-12.7 of the City Code re Certificates to EXEMPT certain
housing units from Rental Inspection Fees
2. Ordinance to ACQUIRE permanent easements to protect the public's right for recreation and
provide sand replenishment at Cape Henry Beach by agreement or condemnation
3. Ordinance to ACCEPT a Deed of Dedication from WBM, LLC re access to the Norfolk
Avenue Trail (Shadowlawn)
4. Ordinance to ACCEPT a parcel ofland from Assem M. Amin for public access in the 500
block of South Lynnhaven Road along London Bridge Creek
5. Ordinance to ACQUIRE Parcel2-A-2, Princess Anne Place, in fee simple, from Harold C. and
Deanna S. Lloyd at Heron Ridge Golf Course
6. Ordinance to ACCEPT permanent drainage easements by property owners on Goodspeed
Road, Princess Anne Hills
7. Ordinance to AUTHORIZE Bids For Lease of property at 3425 Clubhouse Road, Bow Creek, n
cell towers
8. Resolution to AUTHORIZE an annual permit for Special Event Providers of Emergency
Medicine re Private Ambulance Services
9. Resolution to REFER to the Planning Commission for their recommendation the Northampton
Boulevard Corridor Strategic Growth Area Implementation Plan (Burton Station)
10. Ordinances to EXEMPT certain organizations from Real and Personal Property Taxes:
a. American Cancer Society, South Atlantic Division, Inc.
b. Equi-Kids Therapeutic Riding Program
c. Little Theater of Virginia Beach, Inc.
d. Virginia Beach Events Unlimited, Inc.
ll. Ordinances to EXEMPT certain organizations from Personal Property Taxes:
a. American Center for Law and Justice, Inc
b. Battelle Memorial Institute
c. Evelyn's \Vildlife Refuge, Inc.
d. First Landing Foundation
e. Hope for Life Rescue, Inc.
f. Let's Talk, Inc.
g. Rampona Orphans International and Mission Fund
h. Sun Wheelers, Inc.
1. Tidewater Division, Mideast Region, of the National Model Railroad Association
J. United in Him
k. Virginia Beach Court Appointed Special Advocates, Inc.
1. Virginia Beach, Educational Broadcast Foundation, Inc.
m. Virginia Society for Human Life Educational Fund, Inc. (Tidewater Chapter)
n. Young Musicians of Virginia, Inc.
o. National Historic Aircraft Foundation
p. Summer Shakes, Inc.
12. Ordinance to APPROPRIATE $132,000 DEA seized property funds to the Commonwealth's
Attorney re purchase of office equipment
13. Ordinances re SCHOOL funding:
a. APPROPRIATE $33,065,747 from the School Special Revenue Fund re various Capital
Proj ects
b. AP:PROPRIA TE $679,448 and substitute funding sources in the FY 2008-09 Capital Budge
re School renovations
14. Ordinance to TRANSFER $740,000 re rights-of-way acquisition for the Southeastern
Parkway and Greenbelt Project
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Amend Section 16-'12.7 of the City Code Regarding
Rental Inspection Certificates to Exempt Certain Housing Units from the
Payment of Rental Inspection Fees
MEETING DATE: December 9,2008
. Background: City Council authorized the charging of fees for rental inspections
as part of the 2008-2009 budget ordinances. However, there are two conflicts regarding
the ordinance that need to be addressed:
First, Federal regulations prohibit the charging of a fee for the first inspection of a
housing unit participating in the Housing Choice Voucher program. Therefore, the
ordinance should be amended to exclude these units.
Second, the Department already requires inspection of housing units that we
assist to be subject to more frequent inspections than would be required under the
.rental inspection ordinance. Requiring a fee for these more-frequent inspections would
impose an unintended cost burden on the owners of such units and might serve as a
disincentive to program participation. Therefore, the department recommends
exempting from inspection fees units that either receive continuing funding from the
Department of Housing and Neighborhood Preservation through a rental subsidy
program, or that are subject to more stringent inspection requirements due to prior
funding and/or requirements imposed by the Department of Housing and Neighborhood
Preservation. The attached chart identifies the proposed exemptions from fees.
. Considerations: The total number of units being considered for exemption
consists mainly of those participating in the housing choice voucher program and those
owned by non-profits. This amounts to approximately 2,500 housing units. Because of
the way the rental inspection program works, and the fact that we are phasing in
inspections over four years, exempting these units will not reduce the expected fee
revenue for the program in the current year. However, over the four year inspection
cycle of the program, the City will realize slightly less revenue as a result of these
exemptions. This reduction will be managed as part of the budget process, as needed.
. Public Information: The City Code requires the advertisement in a newspaper
of general circulation once per week for two successive weeks, and a public hearing be
held to amend the rental inspections ordinance.
. Alternatives: Unless the ordinance is amended, there will be a conflict between
local law and Federal regulation. In addition, fees will have to be imposed on all units
subject to the rental inspection ordinance. This could result in burdens to non-profit
organizations ,and to potential rejection of program participation by some property
owners.
. Attachments: Chart of Proposed Changes; Ordinance
Recommended Action: Adopt Ordinanc
Submitting DEtpartmentlAgency: Department 0 ousing and Neighborhood
Preservation ( k .~
City Manager:~ '\3"" .
1 AN ORDINANCE TO AMEND SECTION 16-
2 12.7 OF THE CITY CODE REGARDING
3 RENTAL INSPECTION CERTIFICATES TO
4 EXEMPT CERTAIN HOUSING UNITS FROM
5 THE PAYMENT OF RENTAL INSPECTION
6 FEES
7
8 Section Amended: 9 16-12.7
9
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12
13 That Section 16-12.7 of the City Code is hereby amended and reordained to read
14 as follows:
15
16 Sec. 16-12.4. Inspection and certificate required.
17
18 (a) Initial inspection. The code enforcement administrator may, in conjunction with
19 written notification pursuant to section 16-12.3, inspect the dwelling units in the
20 designated rental inspection districts to determine whether the units are used as
21 residential rental property and whether such units are in compliance with the
22 provisions of the Uniform Statewide Building Code that affect the safe, decent
23 and sanitary living conditions for the tenants of such property.
24
25 (b) Periodic inspections. Following the initial inspection of a residential rental
26 dwelling unit, the code enforcement administrator may inspect any residential
27 rental dwelling unit in a rental inspection district that is not otherwise exempted a
28 maximum of once per calendar year.
29
30 (c) Follow-up inspections Upon the initial or periodic inspection of a residential rental
31 dwelling unit, the code enforcement administrator may require the owner of the
32 dwelling unit to submit to such follow-up inspections of the dwelling unit as the
33 code enforcement administrator deems necessary, until such time as the
34 dwelling unit is brought into compliance with the provisions of the Uniform
35 Statewide Building Code that affect the safe, decent and sanitary living
36 conditions for the tenants.
37
38
39
40 Sec. 16-12.7. Issuance of certificate; fees.
41
42 @l There shall be a fee of fifty dollars ($50.00) for the initial inspection and one re-
43 inspection on rental dwelling units in rental inspection districts created by city
44 council. If subsequent follow-ups are required, there shall be charged a fee of
45 fifty dollars ($50.00) per dwelling unit for each subsequent unit follow-up. No
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
follow-up shall be performed, nor any certificate be issued, until all fees have
been paid.
(b) No fee shall be reQuired for those rental dwelling units participating In the
followinq;,
(1) The HUD Housing Choice Voucher program administered by the City;
(2) A program that provides ongoing rental subsidies from the City; or
(3) A program that reQuires more stringent inspection reQuirements than
those referenced above due to prior funding or reQuirements imposed by
the Department of Housing and Neighborhood Preservation.
COMMENT
Federal r,egulations prohibit the charging of a fee for participants in the Housing Choice
Voucher program. The City already requires inspection of housing units that we assist to be
subject to more frequent inspections than would be required under the rental inspection ordinance.
Requiring a fee for these more frequent inspections would impose an unintended cost burden on the
owners of such units and might serve as a disincentive to program participation. Therefore, this
amendment exempts those properties from the payment of a rental inspection fee.
of
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day
APPROVED AS TO LEGAL SU FICIENCY:
CA10919
R-4
November 26, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to protect the public right to enjoy the beach at Cape Henry by
authorizing acquisition of permanent beach easements for public recreation
and for sand replenishment at Cape Henry Beach, either by agreement or
condemnation
MEETING DATE: December 9, 2008
. Background: For many years, the public has enjoyed the right to use the beaches
along the Chesapeake Bay at Cape Henry for recreation, and the City has monitored
and maintained the beaches for public enjoyment.
The Army Corps of Engineers has a dredge project in the Lynnhaven Inlet,
tentatively scheduled to begin in 2009 (the "Project"), and will have dredged sand
available for beach replenishment from this dredge project and other similar future
dredge projects. The sand replenishment will provide shore protection for properties
along Cape Henry Beach and will protect the beach for future public recreation.
There are unresolved issues regarding the title to the sandy beaches along Cape
Henry Beach, the rights of the public to recreate and the rights of the City to maintain,
monitor and exert control over these beaches.
The sandy beaches along Cape Henry consist of a variety of real estate
interests, with several documented public easements and fee interests, including areas
where owners have recently dedicated easements to the City, and several areas where
private owners claim exclusive ownership interests.
. Considerations: The Project will require the Army Corps of Engineers to begin
dredging and sand replenishment along the Cape Henry Beachfront in 2009.
. Public Information: A public hearing for this agenda item was advertised in the
Virqinian-Pilot Beacon.
. Recommendations: Approve the request for authority to acquire, by agreement or
condemnation, the easements associated with the Project.
. Attachments: Ordinance
Location Map
Recommended Action: Approval
Submitting De~enVAven~: Public Works ~-
City Manager: ~~. ~
V:\applications\citylawprod\cycom32\Wpdocs\DO 7\P004\o'~283 .DOC
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'~""",,,,,,io<"'..-' 'I\l." ." 1-,''',..-'1'
AN ORDINANCE TO PROTECT THE PUBLIC RIGHT
TO ENJOY THE BEACH AT CAPE HENRY BY
AUTHORIZING ACQUISITION OF PERMANENT
BEACH EASEMENTS FOR PUBLIC RECREATION
AND FOR SAND REPLENISHMENT AT CAPE
HENRY BEACH, EITHER BY AGREEMENT OR
CONDEMNATION
WHEREAS, for many years, the public has enjoyed the right to use the beaches
along the Chesapeake Bay at Cape Henry Beach for recreation, and the City has
monitored and maintained those beaches for public enjoyment.
WHEREAS, some properties along Cape Henry are experiencing erosion of the
beach both from storm damage and natural erosion, and shore protection is necessary
and appropriate to protect the properties along the beach and preserve the ability of the
property owners and the public to recreate on Cape Henry Beach;
WHEREAS, the Army Corps of Engineers has a dredge project in the Lynnhaven
Inlet, tentatively scheduled to begin in 2009, and will have dredged sand available for
beach replenishment from this dredge project and other similar future dredge projects;
WHEREAS, the City wishes to enter into an agreement with the Army Corps to
utilize the dredged sand along the Cape Henry beaches;
WHEREAS, there are unresolved issues regarding the title to the sandy beaches
along Cape Henry Beach, the rights of the public to recreate and the rights of the City to
maintain, monitor and exert control over these beaches;
WHEREAS, the City Council believes that the City has rights to protect the Cape
Henry beaches and preserve them for public recreation, based upon a long history of
both public use and the City's maintenance, monitoring and control; however, upon
information and belief, private property owners contend there is no public right to
recreate or City right to maintain the beaches;
WHEREAS, the sandy beaches along Cape Henry consist of a variety of real
estate interests, with several documented public easements and fee interests, including
areas where owners have recently dedicated easements to the City and several areas
where private owners claim exclusive ownership interests;
WHEREAS, the City Council of the City of Virginia Beach believes it is important
and necessary that the public interest along Cape Henry Beach be confirmed to be
uniform and complete, allowing the public to use the beach for recreation and allowing
the City to effectively maintain and protect it;
45 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a
46 public necessity exists for conclusively establishing the right of the public to recreate on
47 the sandy beaches along Cape Henry Beach and for the construction of a sand
48 replenishment/re-nourishment project to provide shore protection along the Chesapeake
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Bay and for the for other related public purposes for the preservation of the safety,
health, peace, good order, comfort, convenience, and for the welfare of the people in
the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEA.CH, VIRGINIA:
Section 1. That the City Council authorizes the acquisition by purchase or
condemnation, pursuant to Sections 15.2-1901, et sea., and Title 25.1 of the Code of
Virginia of 1950, as amended, of public beach easements (the "Easements") for public
recreation and shore protection as stated above and for other related public purposes
for the preservation of the safety, health, peace, good order, comfort, convenience, and
for the welfare of the people in the City of Virginia Beach, across the areas of the Cape
Henry beaches, to the extent that public easements or property ownership are not
already confirmed, such properties being more particularly described on Exhibit A,
attached hereto and hereby made a part of this Ordinance. The acquisition plats for the
Easements are on file in the Coastal Engineering Division, Department of Public Works,
City of Virginia Beach, Virginia.
Section 2. That the City Manager is hereby authorized to make or cause to be
made on behallf of the City of Virginia Beach, to the extent that funds are available, a
reasonable offer to the owners or persons having an interest in the property that will be
affected by said Easements. If refused, the City Attorney is hereby authorized to
institute proceedings to condemn said Easements.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day
of
CA10749
R-1
V:\applications\citylawprod\cycom32\Wpdocs\D007\P004\00064285.DOC
PREPARED: 12/1/08
APPROVED A~70 CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY AN FORM
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EXHIBIT A
A variable..width public recreation easement and co-located construction
easement, with ingress and egress to same, over all areas of the properties
listed below, northward from the seaward toe of the dune or bulkhead:
Property
Beach Castle Condominium
Bay's Edge Condominium
Osprey Villas Condominium
Poseidon Court Condominium
\VIR, LLC
3232 Page Avenue
Lynnhaven Dunes Condominium
GPIN
1580-90-6640
1580-90-0194
1580-90-0040
1489-99-0756
1489-89-8912
1489-89-9629
1489-89-6716
4,,'
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Authorize the acceptance of a Deed of Dedication for a
shared use pathway easement across the east side of Parcel 1, Shadowlawn
North to access the Norfolk Avenue Trail.
MEETING DATE: December 9,2008
. Background: WBM, LLC, a Virginia limited liability company ("WBM"), owns
Parcel 1, Shadowlawn North (GPIN 2417-84-6359) (the "Property"). The Property will
benefit from improvements planned within the undeveloped Rudee Avenue public right-
of-way. The improvements that WBM will install include a driveway and utilities to serve
a planned residential dwelling on the Property. WBM agreed to dedicate to the City of
Virginia Beach the shared use pathway easement so that the residents of the 12th Street
area and points north, east and west of the 12th Street area can access the existing
City-owned Norfolk Avenue Trail south of and adjacent to the immediate Property. The
shared use pathway easement will extend across the eastern 10' of the Property.
. Considerations: The shared use pathway easement area is 1,095 sq. ft. and is
10 feet wide and extends 110.71 feet from north to south. The easement will allow the
public to cross the easement area for the purpose of accessing the City-owned Norfolk
Avenue Trail. The City will be responsible for maintaining the easement area.
. Public Information: Acceptance of the easement was advertised in the Virginia
Beach Beacon as an item on the December 9, 2008 City Council agenda.
. Alternatives: Not authorize the City Manager to accept the easement, leaving
residents to continue to access the Norfolk Avenue Trail by traveling east on 12th Street
and then south on Cypress Avenue.
. Recommendations: Staff recommends authorizing the City Manager to accept
the easement so that the public can access the Norfolk Avenue Trail from 12th Street at
Rudee Avenue.
. Attachments: Location Map, Shared Use Pathway Easement, Easement Exhibit
Recommended Action: Approval ~
Submitting Department/Agency: Parks and Recreation
City Manager~ )L . ~~
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AN ORDINANCE TO AUTHORIZE THE ACCEPTANCE
OF A DEED OF DEDICATION FOR A SHARED USE
PA THW A Y EASEMENT ACROSS THE EAST SIDE OF
PARCEL 1, SHADOWLAWN NORTH TO ACCESS
THE NORFOLK AVENUE TRAIL.
WHEREAS, WBM, L.L.C., a Virginia limited liability company ("WBM") owns Parcel
1 , Shadowlawn North, identified as GPIN 2417-84-6359, located on the north side of the
City-owned NOl10lk Avenue Trail in the Beach District (the "Property");
WHEREAS, WBM has offered to dedicate to the City of Virginia Beach a 10' wide
shared use pathway easement (the "Easement") across the eastern 10' of the Property to
access the City-owned Norfolk Avenue Trail;
WHEREAS, the Department of Parks and Recreation has determined that the
Easement is needed for public recreation purposes in connection with the Norfolk Avenue
Trail.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1 . That the City Council authorizes the acceptance of a Deed of
Dedication from WBM, L.L.C. to the City of Virginia Beach, pursuant to section 15.2-1800,
Code of Virginia. (1950), as amended, for a 10' wide shared use pathway easement across
the eastern 10' of Parcel 1 , Shadownlawn North.
2. That the City Manager or his designee is authorized to execute all
documents thait may be necessary or appropriate in connection with accepting the
dedication of the Easement, so long as such documents are acceptable to the City
Manager and the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
,2008.
CA-10775
v :lapplications\cilylawprod\cyco",,'~\ Wpdocs\DO~ 1IPOO4\OOO73007.DOC
R-1
PREPARED: November 25, 2008
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
Wut\q W\W\DvJ
CITY ATTORNEY
Parks and Recreation
DEPARTMENT
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-811(a) (3)
AND 58.1-811(c) (5) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25.1-418
DEED OF EASEMENT
THIS DEED OF EASEMENT, made this _ day of
, 20_ by and between
WBM, LLC, a Virginia limited liability company, hereinafter called the Grantor, party of the first
part, and the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, hereinafter called the Grantee, party of the second part.
WITNESSETH:
That for and in consideration of the sum ofTEN DOLLARS ($l 0.00) cash in hand paid, and
other good and valuable considerations, the receipt of which is acknowledged, the Grantor does
hereby sell, assign, transfer, grant and convey, with GENERAL WARRANTY and ENGLISH
COVENANTS OF TITLE, a perpetual, 10 feet wide shared use pathway easement (the "Easement")
to the Grantee, its agents, assigns and successors to construct, reconstruct, alter, operate and maintain
a pathway to the Norfolk A venue Trail upon and across lands and property of the Grantor, including
the right of ingress and egress to the same, as more particularly described as follows:
ALL THAT certain easement upon and across land situate, lying and being in the
City of Virginia Beach, Virginia, being designated as "10' SHARED USE
PATHWAY EASEMENT TO BE DEDICATED TO THE CITY OF VIRGINIA
BEACH (l095SF)" as shown on that certain plat entitled "10' SHARED USE
PATHWAY EASEMENT OF PARCEL 1, SHADOWLAWN NORTH TO BE
DEDICATED TO THE CITY OF VIRGINIA BEACH", dated August 15,2008,
made by Kellam Gerwitz Engineering, Surveying, Planning and attached hereto as
Exhibit A, to which reference is made for a more particular description.
GPIN: 2417-84-6359
Prepared by: Virginia Beach City Attorney's Office
Page 1 of 5
The Grantor by t:xecution of this instrument acknowledges that the plans for the aforesaid
project as they affect its property have been fully explained to the undersigned.
It is agreed between the parties hereto that the Grantee, its agents, assigns and successors shall
have the right to inspect the said Easement and to cut and clean all undergrowth and remove other
obstructions in and along the said Easement or adjacent thereto that may in any way endanger or
interfere with the proper use of the same, and to make use of the adjacent property for ingress and
egress and for other activities necessary to construction, reconstruction, alteration, operation and
maintenance of the said Easement.
The Grantor and its agents, assigns and successors agree that the Grantee shall not be liable
for any maintenance work whatsoever to the areas encompassed in the said Easement except if the
Grantee is required to perform excavation within the said Easement in order to effectuate
.maintenance or repair of said Easement. All other maintenance of the area encompassed by the said
Easement shall be done by the Grantor, and the Grantee shall have no duty or liability to perform any
routine maintenance work in the said Easement other than that work which arises out of maintaining
or repairing the said Easement.
The Grantor and its agents, assigns and successors agree that when requested by the Grantee,
it shall remove any fence(s), structure(s), landscaping, vehicle parking or other obstruction within
forty-eight hours of receipt of written notice requesting such removal. Except that in an emergency
or failure to remove after written notice Grantee will remove, or have removed by others, any
impediment to access, maintenance or operation and Grantor agrees it is responsible for replacement
of said fence( s), s1ructure( s), landscaping, vehicle parking or other obstruction at its sole expense.
Page 2 of 5
The Grantor covenants and agrees for it, its assigns and successors, that the consideration
aforementioned shall be in lieu of any and all claims of compensation and damages by reason of the
location, construction, reconstruction, alteration or maintenance of the said Easement.
IN WITNESS WHEREOF, WBM, LLC, a Virginia limited liability company, has caused this
Deed of Easement to be executed pursuant to due authority.
WBM, LLC, a Virginia limited liability company
By:
(SEAL)
Name:
Title:
ACKNOWLEDGMENT OF OWNERlDEVELOPER
COMMONWEAL TH OF VIRGINIA
CITY OF , to-wit:
I,
, a Notary Public in and for the City and State aforesaid, do hereby
certify that
for WBM, LLC, whose
name is signed to the foregoing Instrument, has acknowledged the same before me in my City and
State aforesaid. He/She/They is/are personally known to me or has/have produced
identification.
GIVEN under my hand this _ day of
,20_.
Notary Public:
Notary Registration Number:
My Commission Expires:
Name of Bank or Mortgage Company
By:
(SEAL)
Page 3 of5
ACKNOWLEDGMENT OF TRUSTEE
COMMONWEAL TH OF VIRGINIA
CITY OF , to-wit:
I,
, a Notary Public in and for the City and State aforesaid, do hereby
certify that
for Towne Bank, whose
name is signed to the foregoing Instrument, has acknowledged the same before me in my City and
State aforesaid. He/She/They is/are personally known to me or has/have produced
identification.
GIVEN under my hand this _ day of
,20_.
Notary Public:
My Commission Expires:
Notary Registration Number:
Page 4 of 5
~ .~ 1I,ilH
(CITY'S ACKNOWLEDGMENT)
ACCEPTED ON BEHALF OF
THE CITY OF VIRGINIA BEACH:
City Manager or his Designee or City Real Estate Agent
COMMONWEAL TH OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
I,
, a Notary Public in and for the City and State aforesaid, do
hereby certify that
, CITY MANAGER! AUTHORIZED
DESIGNEE OF THE CITY MANAGER PURSUANT TO ~ 2-l54 OF THE CITY CODE, whose
name is signed to the foregoing agreement, bearing date the _ day of
,20_,
has acknowledged the same before me in my City and State aforesaid. He/She is personally known
tome.
GIVEN under my hand this _ day of
,20_.
Notary Public:
My Commission Expires:
Notary Registration Number:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Parks and Recreation
City Attorney
Page 5 of5
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EASEMEN T TO BE
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize the acceptance of a .85-acre (+/-) parcel of real
property on the 500 block of S. Lynnhaven Road, Virginia Beach, VA to be donated by
Assem M. Amin.
MEETING DATE: December 9,2008
.. Background: In September 2008, Assem M. Amin ("Amin"), the owner of a .85-
acre parcel of undeveloped property (the "Property") located on the 500 block of S.
Lynnhaven Road (GPIN 1496-17-9943), offered to sell the Property to the City for
$150,000. Amin purchased the Property in September 2004 for $110,000, and its
current City assessment is $111,300. The Property has a drive apron (curb cut) onto S.
Lynnhaven Road and frontage along London Bridge Creek, a tributary to the Eastern
Branch of the Lynnhaven River.
The acquisition request was evaluated by City Parks and Recreation staff and
discussed by the Open Space Advisory Committee during their September 2008
meeting and October 2008 site field tour. Due to the Property's small size and limited
development potential, the Committee recommended that the Property not be
purchased, but instead asked City staff to inquire whether Amin would be willing to
dedicate the Property to the City for public recreation use to obtain a tax benefit.
Amin agreed to donate the Property to the City for public recreation purposes; however,
he only wishes to do so if the dedication can be completed by December 31, 2008.
Considerations: The future use of the Property, as outlined in the City's Outdoors
Plan, would be for public non-motorized watercraft access (Le. canoe/kayak launch
site).
The due diligence associated with the land dedication (Le. title report and environmental
site assessment) will be funded by CIP 4.004 Open Space Program Site Acquisition
project.
. Public Information: The prioritization of this Property for potential open space
acquisition has been discussed during the Open Space Subcommittee's regularly
scheduled monthly public meetings.
. Alternatives: If the City does not acquire the site, Amin will likely continue to
market it for development in accordance with its 0-1 office zoning, although efforts to
sell the property for that purpose over the last several years have been unsuccessful.
. Recommendations: Authorize the City Manager to accept the Property
donation through the City's Open Space Acquisition Program for the purpose of
preservation and potential future use as a City park.
. Attachments: Ordinance, Site Map, Outdoors Plan Holland Planning Area Map
Recommended Action: Approval /7 /~
Submitting DelpartmentlAgency: Parks and Recreation L~O
City Manager:~'" \L .~~
1
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AN ORDINANCE TO AUTHORIZE THE ACCEPTANCE OF A .85-
ACRE (+/-) PARCEL OF REAL PROPERTY ON THE 500 BLOCK
OF S. LYNNHAVEN ROAD, VIRGINIA BEACH, VA TO BE
DONATED BY ASSEM M. AMIN
WHEREAS, ASSEM M. AMIN ( "Amin") owns .85" acres (+/-) of property located on
the 500 Block of S. Lynnhaven Road (the "Property") GPIN 1496-17-9943 and more
particularly described on Exhibit A attached hereto;
WHEREAS, Amin has offered to dedicate the Property to the City of Virginia Beach
as a charitable donation;
WHEREAS, the Property is unimproved and has frontage along London Bridge
Creek, a tributary to the Eastern Branch of the Lynnhaven River;
WHEREAS, the City Council finds that accepting the Property will further the
recreational needs of the City as a public canoe and kayak launch.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the City Council authorizes the acceptance of the dedication of the
Property (described on Exhibit A) by Assem M. Amin to the City of Virginia Beach by Deed
of Gift, pursuant to section 15.2-1800, Code of Virginia of 1950, as amended.
2. That the City Manager or his designee is authorized to execute all documents
that may be necessary or appropriate in connection with accepting the dedication of the
Property, so long as such documents are acceptable to the City Manager and in a form
deemed satisfactory by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
CA 10777
PREPARED: November 26, 2008
R-1
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LEGAL DESCRIPTION
Exhibit "A"
All that certain lot, piece or parcel of land, with appurtenances thereunto,
belonging, lying, situated and being in Lynnhaven Borough of the City of Virginia
Beach, Virginia, and bounded and described as follows:
BEGINNING at a point on the Western side of South L ynnhaven Road (30 foot
right-of-way) in the western right-of-way of said road at a point where it intersects the
middle of London Bridge Creek at Cox's Bridge and the line dividing the property
herein described from that of Princess Anne Plaza, Section 21, thence from said point
of beginning South .3 3 degrees 23 ' West 207.18 feet to a point; thence South 14 degrees
13' 34" West 146 49 feet to a point; thence South 3 degrees 18' 48" East 53 39 feet to
a point; thence Nmth 57 degrees 49' 30" East 307 00 feet to the western right-of-way
of South Lynnhaven Road; thence along the western right-of-way of South L ynnhaven
Road the following courses and distances to the point of beginning: North 21 degrees
01 r 45 " West 99.54 feet to a point; thence along a curve to the left having a radius of
243..12 feet an arc distance of12136 feet to a point; thence North 49 degrees .37' 45"
West 13..78 feet to the point of BEGINNING, as shown on and delineated on Plat of
Survey datt~d June 1, 1966 and RB. Riddick, C.1.S, Certificated Nos.. 743 and 70.
LESS AND EXCEPT that portion of property conveyed to the City of Virginia
Beach, Virginia, by Deed dated September 4, 1974 and recorded in the Clerk's Office
of the Circuit Court of the City of Vir ginia Beach, Virginia, in Deed Book 1447, at
page 316.
IT BEING .the same property conveyed to Ralph J. Nahla, by Deed dated
February 19, 1979, from Union Oil Company of California, and recorded in the
aforementioned Clerk's Office in Deed Book 1882, at page 265.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
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ITEM: An Ordinance to authorize acquisition of property in fee simple from Harold
C. Lloyd and Deanna S. Lloyd adjacent to Heron Ridge Golf Course
MEETING DATE: December 9, 2008
. Background: In June of 1999, the City of Virginia Beach conveyed a portion of
an old 66' wide railroad right-of-way to Harold and Deanna Lloyd, which property was
incorporated into the L1oyds' adjacent property by resubdivision plat.
. Considerations: The Heron Ridge Golf Club was built on City-owned property
adjacent to the Lloyd property. A portion of the cart path was built adjacent to an
existing creek and, inadvertently, on the Lloyd property. Mr. Lloyd approached the City
with a proposal for the City to purchase the affected property for $3,000. Upon review
by the City and the Golf Course Manager, the estimated cost to move the cart path and
an adjacent tee box would be in the range of $8,000 - $10,000. Therefore, City staff
recommends the approval of the purchase of the affected Lloyd property (Parcel 2-A-2 .
5,240 square feetlO.12030 acre) for $3,000.
Funding for the purchase will be taken from CIP 7-067 (Primary Systems
Infrastructure Improvements).
. Public Information: Advertisement of City Council Agenda
. Recommendation: Approve the Ordinance.
. Attachments: Location Map, Ordinance with exhibits
Recommended Action: Approval of the Ordinance
Submitting Department/Agency: Public Work It
City Manager: r k .0(5 6Vt
!. afk
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FROM HAROLD C. LLOYD
3 AND DEANNA S. LLOYD ADJACENT TO HERON RIDGE
4 GOLF COURSE
5
6 WHEREA.S, Harold C. Lloyd and Deanna S. Lloyd (the "L1oyds") are the owners
7 of that certain lot, tract or parcel of land located in the City of Virginia Beach (the "City")
8 and generally known as 2805 County Place. GPIN 2403-74-4871; and
9
10 WHEREA.S, the City is the owner of property adjacent to the L1oyds' property,
1l being generally known as the Heron Ridge Golf Course. GPIN 2403-45-8591 (the "Golf
12 Course"); and
13
14 WHEREAS, when the Golf Course was constructed, the developer inadvertently
15 installed golf course-related improvements upon the L1oyds' property; and
l6
17 WHEREAS, the L10yds have approached the City and voluntarily offered to sell
18 the affected portion (5,240 sq. ft.) (hereinafter, "Parcel 2-A-2") of their property to the
19 City for the sum of $3,000; and
20
21 WHEREAS, the City Council of Virginia Beach desires to acquire Parcel 2-A-2
22 rather than relocate the golf course improvements.
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
27 Section 1. That the City Council authorizes the acquisition of all that certain real
28 property in fee simple, being designated and described as "PARCEL 2-A-2 AREA:
29 5,240 sa. FT. := 0.12030 ACRE GPIN 2403-74-1881 NOT A BUILDING SITE", as
30 shown on the plait entitled "SUBDIVISION OF LOT 2-A, PRINCESS ANNE PLACE FOR
31 HAROLD C. & DEANNA S. LLOYD (D.B. 2879 P. 769, D.S. 4106 P.986, M.B. 278, P.
32 19) VIRGINIA BEACH, VIRGINIA" attached hereto as Exhibit A.
33
34 Section 2. The City Manager or his authorized designee is hereby authorized
35 to execute an Agreement of Sale for the purchase of Parcel 2-A-2 pursuant to the
36 Summary of Terms attached hereto as Exhibit B and such other terms, conditions or
37 modifications as may be acceptable to the City Manager and in a form deemed
38 satisfactory by the City Attorney.
39
40 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of
41 , 20_.
CA 10776
PREPARED: 11/24/08
R-1
V:\applications\citylawprod\cycom32\Wpdocs\D024\P004\00073188.DOC
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SELLERS:
BUYER:
EXHIBIT B
ACQUISITION OF PROPERTY IN FEE SIMPLE
FROM HAROLD C. LLOYD AND DEANNA S. LLOYD
ADJACENT TO HERON RIDGE GOLF COURSE
SUMMARY OF TERMS
Harold C. and Deanna S. Lloyd
City of Virginia Beach
PURCHASE PRICE:
$3,000
PROPERTY:
All that certain piece, lot, tract or parcel of land,
together with improvements thereon, belonging, lying
situated and being in the City of Virginia Beach,
Virginia, designated and described as: "Parcel 2-A-2
Area: 5,240 Sq. Ft. = 0.12030 Acre GPIN 2403-74-
1881 Not a Building Site" on that certain plat entitled,
"Subdivision of Lot 2-A Princess Anne Place for
Harold C. & Deanna S. Lloyd (D.B. 2879 P. 769, D.B.
4106 P. 986, M.B. 278, P. 19) Virginia Beach,
Virginia" dated November 1, 2007 prepared by Survey
Bureau, Engineering Division, Department of Public
Works, City of Virginia Beach, Virginia.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
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ITEM: An Ordinance to authorize the acceptance of dedication of permanent
drainage easements by property owners on Goodspeed Road in Princess
Anne Hills Park, Lynnhaven District.
MEETING DATE: December 9,2008
. Background:
The west end of Goodspeed Road has a history of flooding during storms due to
inadequate drainage. The flooding causes traffic and pedestrian hazards along
Goodspeed Road.
Pursuant to a resident's request for service, the City's Public Works Department
identified the area located at the west end of Goodspeed Road in the Princess Anne
Hills Park section of the City as an area with inadequate drainage. In an effort to
alleviate the drainage problems, Dennis Kappatos, the owner of 497 Goodspeed Road,
offered to dedicate to the City a 10' permanent drainage easement along the west side
of his property. Likewise, Jonathan Schreiber and Elizabeth Kulas, the owners of 500
Goodspeed Road, offered to dedicate to the City a 5' permanent drainage along the east
side of their property.
. Considerations:
All necessary permits were approved for construction of the project and construction of
the project has been completed at the location of the proposed easements. The City will
maintain the easements under its stormwater general maintenance fund.
Because additional property owners along Goodspeed Road may also offer to dedicate
drainage easements to further alleviate the drainage problems in this area, the
ordinance authorizes the acceptance of drainage easements from other property owners
along Goodspeed Road, as well as the two described above.
. Public Information:
Advertisement of City Council Agenda
. Alternatives:
Accept or decline the proposed dedications.
. Recommendations:
Authorize the City Manager to execute the appropriate documents to accept the
dedicated drainage easements to alleviate flooding on Goodspeed Road.
. Attachments:
Ordinance
Plats showing the easements to be acquired
Location Map
Recommended Action: Approval
Submitting Department/Agency: Department of Public wor~A<"'1 E'- a{ A'.
City Manager:~ ~ . '281rV'i.
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AN ORDINANCE TO AUTHORIZE THE
ACCEPTANCE OF DEDICATION OF
PERMANENT DRAINAGE EASEMENTS BY
PROPERTY OWNERS ON GOODSPEED
ROAD IN PRINCESS ANN HILLS PARK,
L YNNHAVEN DISTRICT.
WHEREAS, the City's Public Works Department identified the area located at the
west end of Goodspeed Road in the Princess Anne Hills Park section of the City as an
area with inadequate drainage;
WHEREAS, the acquisition of the drainage easements will alleviate the drainage
problems along Goodspeed Road;
WHEREAS, Dennis Kappatos ("Kappatos") owns 497 Goodspeed Road in Princess
Anne Hills Park, Lynnhaven District, GPIN 2419-31-9138;
WHEREAS, Jonathan L. Schreiber and Elizabeth D. Kulas (collectively, "Schreiber")
own 500 Goodspeed Road in Princess Anne Hills Park, Lynnhaven District, GPIN 2419-31-
6360;
WHEREAS, Kappatos desires to dedicate a 10' permanent drainage easement
along the west side of 497 Goodspeed Road to the City of Virginia Beach (the "City") and
Schreiber desires to dedicate a 5' permanent drainage easement along the east side of
500 Goodspeed Road (collectively, the "drainage easements") to the City;
WHEREAS, Kappatos and Schreiber offered to dedicate to the City the necessary
drainage easements along the common boundary of their respective properties to help
alleviate the drainage problems along Goodspeed Road;
WHEREAS, the City Council of the City of Virginia Beach, Virginia is of the opinion
that a public necessity exists to improve the drainage along Goodspeed Road.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That the City Council authorizes the City Manager to accept drainage
easements from property owners on Goodspeed Road by deeds of dedication pursuant to
S 15.2-1800 of the Code of Virginia (1950), as amended.
2. That the City Manager or his designee is further authorized to execute all
documents that may be necessary or appropriate in connection with the acceptance of the
dedication of the drainage easements, so long as such documents are acceptable to the
City Manager and in a form deemed satisfactory by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
CA-10767
V\applications\citylawprod\cycornJ2\ WpdocslD02] IP004\OOO70JI2.DOC
R-1
November 26, ~~008
APPROVED AS TO CONTENT:
~)(1 f
Public Works/Rlaal Estate
)cM
APPROVED AS TO LEGAL
SUFFICIENCY:
Ci~~~Y~~
EXHIBIT A
UNE OATA CHART
NlJHBER 01 [CHON DISTANCE
Ll 508'11I'1'24' E 71.88'
1..2 N 97'3:1'\6' \I 1\\.11'
NUHflEA RADIUS ARC lENlJTH CELTA ANGLE
t.l 51i'l.0E1 16.13 <( '24'V'
e2 58.<<0 IiL67 U'32'\)'
() !l0.00 36.13 41'24'
~u
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-J
~~~
~
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NOW 011 fOlMlll.Y
JONATHAN l SCHRfIBER
& E.D.KUlAS
NiTNQ.lIII)J(QCI6DOl75:J1
M.'.1U1'G.4lI
GPWOi.l.....n--4liO
"
".
GENERAL NOTES:
" \
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'....-.-._~ .Lwtt"'f''::'1,.'O' 10'PERMMIENT DtlAJNAGE EASEMENT TO BE
~ ! /1 DEDICATED TO THE OTY OF vutGlNlA BEACH.
. V Al AREA_ 703 SQ. FT.
" _ '~ '0. DENNIS KAPPATOS
...... ' ~.. V ~r .MTNO_J0D4W~'
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CRYSTAL
LAKE
1. THC5 PlAT 1$" lllSULT Of " JltlD 5UIIM't' TO EllISlINC MONUMfHT5 COf4IoIED
WIDi tHf COMPIlATION Of OlEOS I\fllD I'lAn SHOMtt HE~
1.MEJUDWrI 5Ol..IIICf iii MSfO ON ~ !rIAn 'lAHf ClJOllDfi\Tt MTiM,SOlITl-I
ZONL Ni'oD 19Qot99l l~. COOIIOINATI VAllJ(S All EUWS5ED IH Us. SI.MVf'I' fOOT
J.THl551JW['(WAS~ID WfJ'HOUfntEIfNIFllOfAmullEJO<<f.
4. THI5 ",..., 15 INllNDW f()l DEDtCATlON ~ ONlY AND DOfli NOT a;JJrCS1TTUTf
A 5lJIQMSK)N OF VoND.
"""""'.~('~ ..n
r Of I'UIlUC WOIlG 01Y OF vrmPM IlACH VlElHlA
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10' PEILI\oWofENT DAAIfrtW:i( EASEMlNT
TO BE DEOtCATfD TO
THE ClTY OF VlKClNIA BEACH
",..
DfNfl,jIS KAPPA-ros
lIt611'lO.lCIMt1UIXl!lllM2'!I,M.......PC.lJ
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OOAITMfNfOfI'lJll,JC WOllllS .000Of~ IEACH,~
------~.!'."!..-
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GlENN H GETTlER, fR.
& JUDITH R GrmER
INST ~..~~'7Ul
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I . I
O' 25' 50'
,
JQNAm: ~~IlIU1lR \. PEED aoW t~ 9..\W\
" E. D. KUlAS < ~''''.1 (jOOOS l M.B. 41 PG.2) .
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S' PERMANENT ORAlNAQ: EASEMEN"F i lOT 24
TO BE OlDIC'.TtD TO THE V1:$ NI:1W (III FOIIMIIlLY
alY Of VIRGINiA. BEACH V1~\~ DENNe; KAl'PATOS
AKEA= 281 SQ. FT. ... " r- \~ 1NSf~~~~1
EXlmNG S'~WEMf';;Y""" N \~. GfWof '!43-~)O
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GENERAl. NOTES:
1.lHI5l'lATISAIESUlTOf"NLO 5U11\'1Ym fllImNG MONl.IMENTSO:~
VtfTH THE 0lMNA1lON Of DHDS AN) I'\ATS SttOWt.t HHfOfI.
1. MtIIDWt 50UKl iii MRD CIH ........... IJAn JtANf coamlNAoll 5'I51lM. SOUTH
ZONl. fW) t9QtM1lHo\1N).~nVAl.UlSAD:1XPllE$SEO IN U,S5lMVfYFClOT
]. THIS SUllVI1' WAS ~o wmtOlIf M ~ Of A ml1 .uolIT
4. ~=:o... ~ot:~~ DWlCAlION ft.IIItCIS('S tN." Me) POlS HeT COf6mun:
EXHIBIT B
LINE DATA ~T
~fA OIRECTlON DISTANCE
1I Ii IMn',\'24' E ~9.12.'
L2 N 88'8'1'24.... 54.44'
LJ NS6"J2'S7' Ii 6.6'1'
NJHBER RAOIUS
(I 50.80
(2 58.B
(J 5e.lJl'I
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<0<0. tJadl ~ ~ _ ..n JdahP'(P
on SIAMlOll CJfY Of
CURvE OATA CHART
ARC LENGTH DELTA ANGLE CHOAQ OIRECTJ~ CHORO LlNGTH TA~NT
l'LlH '44' . NB4'4?'H'[ 5.8] 2.51
5.86 85'47'52" 58'1'31'87'[ 5.B6. l.'n
151.IlIB ISilI'"'''''''' SliJs'e'l'24'E 100,"" N/A
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NOW OR fOllMEll'l'
lilOY A RECTOI.IIt
.. OORWMII M RECTOR
o.~~ ~~1'
Cl'IN 24T,..jJ..&)77
~ i
JONATHAN L SCHREIBER
& E.D,KUW
lKST MO~n~
~:L:k1ll.~\
,/.... y ........-.__~.rN-
------- (SO'R\WI
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CRYSTAL
GRAPHIC SCALE 10 = 50'
I , I
0' 50' 100'
,MT Of toT 24
NO'N OR fOllMUlY
Df.NNIS ICAPPATOS
IN5T NO.2lllM'tUICTlOlM:J'J
M.a.4l PG.2
a"lN 2."I~J1-.U"
5' PER.M.\NENT DtlAlNM;f EASEMENT TO Bf
DEDICATED TO THE 01Y OF VIRGINIA BEACH
AREA_ 281 SQ. fT.
LAKE
.",,""""""
5' "~NT lMWNAGl fASEM[P>lT
TO BE OWfCAlID TO
THE erN OF VlRGINV\ 8fACH
""'"
JONATHAN L SCHREIBER A E. D. KUlAS
(lNSt !oIl.1GlOO2OIOIJl7U\.M."a PG.4OI
-"""'--
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CITY OF VIRGINIA BEACH
AGENDA ITEM
Item: Ordinance Providing for Bids for a Lease of a Portion of the City Property
Located at 3425 Clubhouse Road (Bow Creek Neighborhood Park) for the
Purpose of Constructing, Maintaining and Operating Wireless
Telecommunications Facilities
Meeting Date: December 9,2008
. Background: The City Council has authorized bids for the lease of a portion of
City property at the Bow Creek Neighborhood Park as a site for a communication tower.
The leasing process requires an ordinance seeking bids, the advertisement of the bids
and a final ordinance awarding the lease. The present ordinance is the first of the two
ordinances and seeks bids for the lease.
. Considerations: The proposed lease would allow a "slick stick" cell tower up to
140' in height at the Bow Creek Neighborhood Park. With the exception of the rent
provisions, all of the material terms of the lease have been agreed upon by the
interested providers, such that each bidder only needs to offer the rent it is willing to
pay. It is anticipated that the bids will be opened in early January 2009 and that the
ordinance awarding the lease to the winning bidder would be placed on the agenda later
that month.
The adoption of the proposed ordinance would not bind the City to actually award
the lease, as the City will reserve the right to reject all bids.
. Public Information: The bids will be advertised in the newspaper once per
week for two successive weeks, and an advertised public hearing will be held for the
ordinance awarding the bid.
. Alternatives: The proposed lease is in furtherance of the City's policy of making
available publicly-owned property for use as communication tower sites under
appropriate circumstances.
. Recommendations: Adoption of ordinance.
. Attachments: Ordinance
Recommended Action: Adoption of Ordinance
Submitting Department/Agency: Department of Parks & Recreation ~
City Manager:O k- . ~ D<"I..
1 AN ORDINANCE PROVIDING FOR BIDS FOR A LEASE OF
2 A PORTION OF THE CITY PROPERTY LOCATED AT 3425
3 CLUBHOUSE ROAD (BOW CREEK NEIGHBORHOOD
4 PARK) FOR THE PURPOSE OF CONSTRUCTING,
5 MAINTAINING AND OPERATING WIRELESS
6 TELECOMMUNICATIONS FACILITIES
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 That there shall be granted, in the mode prescribed by Article 1, Chapter 21, Title
12 15.2 of the Coole of Virginia, as amended, upon the conditions hereinafter specified, a
13 lease of property more fully described in the attached document entitled "Antenna Lease
14 Agreement (Bow Creek Neighborhood Park)," City of Virginia Beach, Lessor, and
15 , Lessee," for the purpose of constructing, maintaining and operating
16 wireless telecommunications facilities, including but not limited to antennas, connecting
17 cables and appurtenances and for the construction, maintenance and operation of an
18 accessory building housing equipment to be used in conjunction with the aforesaid
19 facilities.
20
21 BE IT ,FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
22 BEACH, VIRGINIA:
23
24 That upon approval of this Ordinance by the City Council, it shall be the duty of the
25 City Clerk to cause to be advertised once per week for two successive weeks, in a
26 newspaper having general circulation in the City, a descriptive notice of the proposed
27 ordinance granting such lease, and in addition the Clerk shall, by such advertisement,
28 invite bids for the privileges and rights proposed to be granted by such ordinance, which
29 bids shall be in writing and shall be delivered to the Mayor, or in the absence of the Mayor,
30 to the Vice-Mayor, in open session at the day and hour specified in such advertisement,
31 which bids shall then be presented to the City Council by the Mayor, or in the absence of
32 the Mayor, by thl3 Vice-Mayor, to be dealt with and acted upon in the manner prescribed by
33 law. Such advertisement shall expressly reserve the right to reject any and all bids, and
34 the successful bidder shall be required to pay all costs of advertising such ordinance in
35 addition to all other sums required under such lease.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2:008.
day of
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~ fi4. J1r:J
City ttorney's Office
CA10951 I R-1 l December 1, 2008
,
~ii'"
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r~..~~....... ' "''t)
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'-
CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM: A Resolution to Approve Establishment of Special Event Providers of Emergency
Medicine in Virginia Beach and to Approve an Annual EMS Permit for Providing
Private Ambulance Services
MEETING DATE: December 9, 2008
. Background: Code of Virginia 9 15.2-955 requires City Council to approve, by
resolution, the establishment of any emergency medical service organization wishing to
operate in the City of Virginia Beach. Further, Code of Virginia 9 32.1-111.4 and City
Code 9 10.5-2 require such an organization to obtain an annual permit authorizing its
operation. The required annual permit must be granted by the City.
. Considerations: Network Medical Systems, a private ambulance service
currently permitted by the City, is being purchased by Special Event Providers of
Emergency Medicine, and this new company must obtain the required permit. The
application has been processed by the Department of Emergency Medical Services for
the operation of a private permitted EMS agency and the Department is recommending
approval of both the establishment and operation of Special Event Providers of
Emergency Medicine in Virginia Beach as necessary to assure the provision of
adequate and continuing emergency services and to preserve, protect and promote the
public health, safety and general welfare.
. Public Information: Under the provision of Code of Virginia 9 32.1-111.14, a
public hearing must be conducted prior to acting upon the resolution. Public notice will
be provided through the normal agenda process.
. Attachments: Resolution
Recommended Action: Approval
Submitting Department/Agency: Department of Emergency Medical Services Jc:f~
City Manager: ~ 1. tl~ll ~,
1 A RESOLUTION TO APPROVE ESTABLISHMENT OF
2 SPECIAl. EVENT PROVIDERS OF EMERGENCY
3 MEDICINE SERVICE IN VIRGINIA BEACH AND TO
4 APPROVE AN ANNUAL EMS PERMIT FOR PROVIDING
5 PHIV ATE AMBULANCE SERVICES
6
7 WHEREAS, in accordance with Code of Virginia 9 15.2-995, City Council must
8 approve the establishment of an emergency medical service organization in the City of
9 Virginia Beach; and
10
11 WHEREAS, in accordance with Code of Virginia 9 32.1-111.14 and City Code 9
12 10.5-2, any individual or organization that desires to operate an emergency medical
13 services agency or emergency medical services vehicles in Virginia Beach for
14 emergency transport or non-emergency transport purposes must apply for a permit; and
15
16 WHEREAS, this request and application has been recommended for approval by
17 the Virginia Beach Department of Emergency Medical Services; and
18
19 WHEREAS, Ci~{ Council finds the approval of the request and application is in
20 the best intere:st of the citizens of Virginia Beach as it will assure continued and
21 adequate emer~Jency services and will preserve, protect and promote the public health,
22 safety and general welfare of the citizens.
23
24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
27 That the request of Special Event Providers of Emergency Medicine for the
28 establishment of it emergency medical service in the City of Virginia Beach, and its
29 application for aln annual EMS permit for providing private EMS ambulance services in
30 the City of Virginia Beach is hereby approved and granted, effective immediately.
of
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
-.// ~~
~/:?-z- C::-c..-
Emergency Medical Services
~:f~
CA 10953
R-2
December 3, 2008
,
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CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM: A Resolution Referring to the Planning Commission the Northampton
Boulevard Corridor Strategic Growth Area Implementation Plan, November
2008 for Consideration and Recommendation
MEETING DATE: December 9, 2008
. Background: As part of the planning for our Strategic Growth Areas, the City
secured a consultant to assist staff, stakeholders and property owners in the Burton
Station area in refining and expressing the vision of the Northampton Boulevard
Corridor and in ascertaining measures necessary to implement the vision. The City
secured the services of Urban Design Associates.
Since that time, work has been underway consisting of site and data analysis, design
evaluation, community discussion and planning and design charrettes. There has been
extensive participation from the Burton Station community. From this work, a preferred
vision of the Northampton Boulevard Corridor has been developed.
This vision was presented to City Council on December 2, 2008.
. Considerations: The attached resolution refers the Northampton Boulevard
Corridor Strategic Growth Area Implementation Plan to the Planning Commission for
their consideration at a public hearing, at which time, a recommended action on the plan
will be made and forwarded to City Council. A hearing by the Planning Commission has
been tentatively set for December 10, 2008.
. Public Information: The resolution has been advertised in the same manner as
other City Council agenda items.
. Recommendations: Approval of the Resolution referring the Northampton
Boulevard Corridor Strategic Growth Area Implementation Plan to the Planning
Commission.
. Attachments: Resolution; Northampton Boulevard Corridor Strategic Growth
Area Implementation Plan.
Recommended Action: Approval
Submitting Department/Agency: Planning Department ^ ~
City Manager~ l. ~It<"\.. . ~
1 A RESOLUTION REFERRING TO THE PLANNING
2 COMMISSION THE NORTHAMPTON BOULEVARD
3 CORRIDOR STRATEGIC GROWTH AREA
4 IMPLEMENTATION PLAN, NOVEMBER 2008 FOR
5 CONSIDERATION AND RECOMMENDATION
6 WHEREAS, the public convenience, general welfare and good zoning practice so
7 require;
8 WHEREAS, the Planning Department briefed City Council in regard to the
9 Northampton Boulevard Corridor Strategic Growth Area Implementation Plan on
10 December 2, ~m08 and presented an action plan for the Northampton Boulevard
11 corridor which is attached; and
12
13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
14 OF VIRGINIA BEACH" VIRGINIA:
15
16 That the Northampton Boulevard Corridor Strategic Growth Area Implementation
17 Plan, November 2008 is hereby referred to the Planning Commission for its
18 consideration and recommendation.
19
20 Adopted by the Council of the City of Virginia Beach, Virginia, on the
21 day of ,2008.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Wf1k~ fttJ
City Attorney's Office
CA10947
R-1
November 25, 2008
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Ordinances Designating Organizations as Being Exempt from Local Real
and Personal Property Taxation
MEETING DATE: December 9, 2008
. Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that
property used by its owner for religious, charitable, patriotic, historical, benevolent,
cultural, or public park and playground purposes may be exempted from taxation by
classification or designation by an ordinance adopted by the local governing body. Prior
to January 1, 2003, such exemptions could only be granted by the General Assembly.
Section 58.1-3651 of the Virginia Code sets forth the process for designating
specific organizations as being exempt from local taxation, and a list of factors for the
local governing body to consider is set forth. They are:
1. Whether the organization is exempt from taxation pursuant to 9 501 (c) of
the Internal Revenue Code of 1954;
2. Whether a current annual alcoholic beverage license for serving alcoholic
beverages has been issued by the Virginia Alcoholic Beverage Control
Board to such organization, for use on such property;
3. Whether any director, officer, or employee of the organization is paid
compensation in excess of a reasonable allowance for salaries or other
compensation for personal services which such director, officer, or
employee actually renders;
4. Whether any part of the net earnings of such organization inures to the
benefit of any individual, and whether any significant portion of the service
provided by such organization is generated by funds received from
donations, contributions, or local, state or federal grants. As used in this
subsection, donations shall include the providing of personal services or
the contribution of in-kind or other material services;
5. Whether the organization provides services for the common good of the
public;
6. Whether a substantial part of the activities of the organization involves
carrying on propaganda, or otherwise attempting to influence legislation
and whether the organization participates in, or intervenes in, any political
campaign on behalf of any candidate for public office;
7. TI1e revenue impact to the locality and its taxpayers of exempting the
property; and
8. Any other criteria, facts and circumstances that the governing body deems
pE~rtinent to the adoption of such ordinance.
The City Counc;i1 adopted a revised policy regarding applications for Tax Exemption by
Designation on May 6,2008 (attached).
. Conside,rations The Commissioner of Revenue has received 20 applications
in this reporting period. The Commissioner reviewed each application.
The Commissioner finds the following applicants qualify for exemption from real and
personal propelty taxes:
American Canoer Society, South Atlantic Division, Inc.
Equi-Kids Therapeutic Riding Program
Little Theater of Virginia Beach, Inc.
Virginia Beach Events Unlimited, Inc.
The Commissioner finds the following applicants qualify for exemption from personal
property taxes:
American CentE!r for Law and Justice, Inc.
Battelle Memorial Institute
Evelyn's WildlifE~ Refuge, Inc.
First Landing Foundation
Hope for Life RE~scue, Inc.
Let's Talk, Inc.
Rampona Orphans International and Mission Fund
Sun Wheelers, Inc.
Tidewater Division, Mideast Region of the National Model Railroad Association
United In Him
Virginia Beach Gourt Appointed Special Advocates, Inc.
Virginia Beach Educational Broadcast Foundation, Inc.
Virginia Society for Human Life Educational Fund, Inc. (Tidewater Chapter)
Young Musicians of Virginia, Inc.
The Commissioner recommends denial of the following applications for exemption from
real and personal property taxes:
National Historic; Aircraft Foundation
Summer Shakes, Inc.
. Public Information: A public hearing on this matter has been advertised for at
least five days prior to the public hearing in the Beacon as required by statute.
. Attachml:tnts: 20 Ordinances, City Council Policy Regarding Applications
for Tax Exemption by Designation, Commissioner of Revenue Letters,
Commissioner of Revenue Summary for Each Application
Recommended Action:
Approval of Ordinances for:
American Cancer Society, South Atlantic Division, Inc.;
American Center for Law and Justice, Inc.;
Battelle Memorial Institute;
Equi-Kids Therapeutic Riding Program;
Evelyn's Wildlife Refuge, Inc.;
First Landing Foundation;
Hope for Life Rescue, Inc.;
Let's Talk, Inc.;
Little Theater of Virginia Beach, Inc.;
Rampona Orphans International and Mission Fund;
Sun Wheelers, Inc.;
Tidewater Division, Mideast Region of the National Model Railroad Association;
United In Him;
Virginia Beach Court Appointed Special Advocates, Inc.;
Virginia Beach Educational Broadcast Foundation, Inc.;
Virginia Beach Events Unlimited, Inc.;
Virginia Society for Human Life Education Fund, Inc. (Tidewater Chapter); and
Young Musicians of Virginia, Inc.
Denial of Ordinances for:
National Historic Aircraft Foundation; and
Summer Shakes, Inc.
Submitting Department/Agency: Commissioner of the Revenue
City Manag~ l. ~ o-n'\.
OVERVIE:W OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: American Cancer Society, South Atlantic Division Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
The American Cancer Society is the nationwide community-based voluntary health
organization dedicated to eliminating cancer as a major health problem by preventing
cancer, saving lives, and diminishing suffering from cancer, through research, education,
advocacy, and! service.
From cancer prevention to diagnosis, treatment and survivorship, the Society offers
information, d:ay-to-day help, and emotional support, all at no cost, for cancer patients,
their family members and caregivers.
TAX IMPACT:
Business Prop1erty Tax Totaling
Real Property
$4l74.59
$18123.96
Total
$22298.55
RELEVANT INFORMATION:
Additional information is available at http://www.cancerhealthforums.orglabout.htrn
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AN ORDINANCE TO DESIGNATE AMERICAN
CANCER SOCIETY, SOUTH ATLANTIC DIVISION,
INC. AS BEING EXEMPT FROM LOCAL REAL AND
PERSONAL PROPERTY TAXATION
WHEREAS, in accordance with ~ 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local property taxes to American Cancer Society, South
Atlantic Division, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates
American Cancer Society, South Atlantic Division, Inc. as a charitable organization within
the context of ~ 6(a)(6) of Article X of the Constitution of Virginia.
2. That real and personal property owned by American Cancer Society, South
Atlantic Division, Inc. located within the City of Virginia Beach that is used exclusively for
charitable purposes on a nonprofit basis is hereby exempt from local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property by American Cancer Society, South Atlantic
Division, Inc. for exclusively charitable purposes;
(b) that each July 1, American Cancer Society, South Atlantic Division, Inc. shall
file with the Commissioner of the Revenue a copy of its most recent federal
income tax return, or, if no such return is required, it shall certify its
continuing tax exempt status to the Commissioner of the Revenue;
(c) that every three years, beginning on July 1,2011, American Cancer Society,
South Atlantic Division, Inc. shall file an exemption application with the
Commissioner of the Revenue as a requirement for retention of the exempt
status of the property; and
(d) that American Cancer Society, South Atlantic Division, Inc. cooperate fully
with the Commissioner of the Revenue with respect to audit of its financial
records, compliance with the terms of this ordinance.
4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
CA 10942
R-1
November 24. 2008
APPROVED AS TO LEGAL
SUFFICIENCY:
~t~
I Y ey S Ice
2
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Equi-Kids Therapeutic Riding Program
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Provide equine assisted activities for persons with mental, physical and emotional
disabilities. The programs are designed to increase strength and coordination, self esteem
and social interaction.
TAX IMPACT:
Real Estate Taxes Totaling $ 8,176.44, Vehicle Property Tax Totally $877.65, and
Business Property Tax Totally $1,137.10
Total Tax: '$10,191.19
RELEVANT INFORMATION:
Additional information is available at www.equikids.org
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AN ORDINANCE TO DESIGNATE EQUI-KIDS
THERAPEUTIC RIDING PROGRAM AS BEING
EXEMPT FROM LOCAL REAL AND PERSONAL
PROPERTY TAXATION
WHEREAS, in accordance with S 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an eXE!mption from local property taxes to Equi-Kids Therapeutic Riding Program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates Equi-
Kids Therapeutic Riding Program as a charitable organization within the context of S
6(a)(6) of Articl,e X of the Constitution of Virginia.
2. That real and personal property owned by Equi-Kids Therapeutic Riding Program
located within the City of Virginia Beach that is used exclusively for charitable purposes on
a nonprofit basils is hereby exempt from local property taxation.
3. This 13xemption is contingent on the following:
(a) continued use of the property by Equi-Kids Therapeutic Riding Program for
e>:clusivE!ly charitable purposes;
(b) that each July 1, Equi-Kids Therapeutic Riding Program shall file with the
Commissioner of the Revenue a copy of its most recent federal income tax
return, or, if no such return is required, it shall certify its continuing tax
exempt status to the Commissioner of the Revenue;
(c) that every three years, beginning on July 1, 2011, Equi-Kids Therapeutic
Riding Program shall file an exemption application with the Commissioner of
thl~ Revenue as a requirement for retention of the exempt status of the
property; and
(d) t~lat Equi-Kids Therapeutic Riding Program cooperate fully with the
Commissioner of the Revenue with respect to audit of its financial records,
compliance with the terms of this ordinance.
4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
CA10921
R-1
November 18, 2008
2
APPROVED AS TO LEGAL
SUFFICIENCY:
E~ffi~
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Little Theatre of Virginia Beach, Incorporated
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
The Little Theatre of Virginia Beach is one the city's oldest continually operating
community theatre, it is operated by an all-volunteer staff, and the non-profit organization
provides the community with five plays a year at affordable prices, showcasing the best
in local talent. The organization fosters educational recreation for adults and children in
the Allied Arts of the Theater. They provide anyone interested in the theater the
opportunity to volunteer and learn all aspects of theater production.
TAX IMPACT:
Business Property Tax Totaling
Real Property
$1426.84
$3624.98
Total
$5051.82
RELEVANT INFORMATION:
Additional information is available at http://ltvb.comJ
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AN ORDINANCE TO DESIGNATE LITTLE THEATER
OF VIRGINIA BEACH, INC. AS BEING EXEMPT
FROM LOCAL REAL AND PERSONAL PROPERTY
TAXATION
WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local property taxes to Little Theater of Virginia Beach, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates Little
Theater of Virginia Beach, Inc. as a charitable organization within the context of 9 6(a)(6) of
Article X of the Constitution of Virginia.
2. That real and personal property owned by Little Theater of Virginia Beach, Inc.
located within the City of Virginia Beach that is used exclusively for charitable purposes on
a nonprofit basis is hereby exempt from local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property Little Theater of Virginia Beach, Inc. for
exclusively charitable purposes;
(b) that each July 1, Little Theater of Virginia Beach, Inc. shall file with the
Commissioner of the Revenue a copy of its most recent federal income tax
return, or, if no such return is required, it shall certify its continuing tax
exempt status to the Commissioner of the Revenue;
(c) that every three years, beginning on July 1,2011, Little Theater of Virginia
Beach, Inc. shall file an exemption application with the Commissioner of the
Revenue as a requirement for retention of the exempt status of the property;
and
(d) that Little Theater of Virginia Beach, Inc. cooperate fully with the
Commissioner of the Revenue with respect to audit of its financial records,
compliance with the terms of this ordinance.
4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO LEGAL
SUFFICIENCY:
ud:--
APPROVED AS TO CONTENT:
CA 10944
R-1
November 24, 2008
..
2
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Virginia Beach Events Unlimited, Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
The Virginia Beach Events Unlimited, Inc. was organized as a nonstick corporation under
the Virginia Nonstock Corporation Act for charitable, scientific, and educational
purposes. The organization is exempt from income taxes under Section 50Ic(3) of the
Internal Revenue Code.
It was founded to promote and foster civic pride and unity; to nurture the ideals of
citizenship; and to develop citizen leaders. The organization is the umbrella corporation,
which directs the activity of the annual Virginia Beach Neptune Festival. The festival
showcases the City of Virginia Beach to local attendees and visitors from many other
states.
TAX IMPACT:
Business Property Tax Totaling
Real Property
Vehic1e
$2,222.63
$5,486.86
$41.63
Total
$7,751.12
RELEVANT INFORMATION:
Additional information is available at http://www.neptunefestiva1.coml
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AN ORDINANCE TO DESIGNATE VIRGINIA BEACH
EVENTS UNLIMITED, INC. AS BEING EXEMPT FROM
LOCAL REAL AND PERSONAL PROPERTY
TAXATION
WHEREAS, in accordance with 9 58.1-3651 ofthe Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local property taxes to Virginia Beach Events Unlimited, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates
Virginia Beach Events Unlimited, Inc. as a charitable organization within the context of 9
6(a)(6) of Article X of the Constitution of Virginia.
2. That real and personal property owned by Virginia Beach Events Unlimited, Inc.
located within the City of Virginia Beach that is used exclusively for charitable purposes on
a nonprofit basis is hereby exempt from local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property Virginia Beach Events Unlimited, Inc. for
exclusively charitable purposes;
(b) thnt each July 1, Virginia Beach Events Unlimited, Inc. shall file with the
Commissioner of the Revenue a copy of its most recent federal income tax
return, or, if no such return is required, it shall certify its continuing tax
exempt status to the Commissioner of the Revenue;
(c) th~lt every three years, beginning on July 1, 2011, Virginia Beach Events
Unlimited, Inc. shall file an exemption application with the Commissioner of
the Revenue as a requirement for retention of the exempt status of the
property; and
(d) that Virginia Beach Events Unlimited, Inc. cooperate fully with the
Commissioner of the Revenue with respect to audit of its financial records,
complianGe with the terms of this ordinance.
4. That the E!ffective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires ,an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
Co
CA 10946
R-1
November 24, 2008
APPROVED AS TO LEGAL
SUFFICIENCY:
1Ze~
2
-
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: American Center for Law & Justice Inc. (ACLJ)
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
The American Center for Law and Justice (ACLJ) is committed to ensuring the ongoing
viability of freedom and liberty in the United States and around the world. By focusing
on U.S. constitutional law, European Union law and human rights law, the ACLJ is
dedicated to the concept that freedom and liberty are universal, God-given and
inalienable rights that must be protected. The ACLJ engages in litigation, provide legal
services, render advice to individuals and governmental agencies, as well as counsel
clients on global freedom and liberty issues. The ACLJ also supports training law
students from around the world in order to protect religious liberty and safeguard human
rights and dignity. The ACLJ does not charge for its services.
TAX IMPACT:
Business Property Tax Totaling $4937.98
RELEVANT INFORMATION:
Additional information is available at http://www.aclj.org/
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AN ORDINANCE TO DESIGNATE AMERICAN
CENTER FOR LAW AND JUSTICE INC. AS BEING
EXEMPT FROM LOCAL PERSONAL PROPERTY
TAXATION
WHEREAS, in accordance with S 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local property taxes to American Center for Law and Justice,
Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates
American Center for Law and Justice, Inc. as a charitable organization within the context of
S 6(a)(6) of Article X of the Constitution of Virginia.
2. That personal property owned by American Center for Law and Justice, Inc.
located within the City of Virginia Beach that is used exclusively for charitable purposes on
a nonprofit basis is hereby exempt from local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property by American Center for Law and Justice, Inc.
for exclusively charitable purposes;
(b) that each July 1, American Center for Law and Justice, Inc. shall file with the
Commissioner of the Revenue a copy of its most recent federal income tax
return, or, if no such return is required, it shall certify its continuing tax
exempt status to the Commissioner of the Revenue;
(c) that every three years, beginning on July 1,2011, American Center for Law
and Justice, Inc. shall file an exemption application with the Commissioner of
the Revenue as a requirement for retention of the exempt status of the
property; and
(d) that American Center for Law and Justice, Inc. cooperate fully with the
Commissioner of the Revenue with respect to audit of its financial records,
compliance with the terms of this ordinance.
4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
Co
CA 10943
R-1
November 18, 2008
2
APPROVED AS TO LEGAL
SUFFICIENCY:
k-~;-
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Battelle Memorial Institute
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Operate five of the U.S. Department of Energy's National Laboratories. In additional to
the work for the Department of Energy they carry out substantial scientific research
programs for other federal, state and local government agencies.
TAX IMPACT:
Business Property Tax Totaling $626.42
RELEVANT INFORMATION:
The personal property located in Virginia Beach is used to reduce the burden of
government by supporting national security and national defense. Additional information
is available at www.battelle.org
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AN ORDINANCE TO DESIGNATE BATTELLE
MEMORIAL INSTITUTE AS BEING EXEMPT FROM
LOCAL PERSONAL PROPERTY TAXATION
WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an eXE~mption from local property taxes to Battelle Memorial Institute.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates
Battelle Memorial Institute as a charitable organization within the context of 9 6(a)(6) of
Article X of the Constitution of Virginia.
2. That personal property owned by Battelle Memorial Institute located within the
City of Virginia l3each that is used exclusively for charitable purposes on a nonprofit basis
is hereby exempt from local property taxation.
3. This l~xemption is contingent on the following:
(a) continued use of the property by Battelle Memorial Institute for exclusively
charitable purposes;
(b) th,at each July 1) Battelle Memorial Institute shall file with the Commissioner
of the Revenue a copy of its most recent federal income tax return, or, if no
sUlch return is required, it shall certify its continuing tax exempt status to the
Commissioner of the Revenue;
(c) that every three years, beginning on July 1, 2011, Battelle Memorial Institute
shall file an exemption application with the Commissioner of the Revenue as
a requirement for retention of the exempt status of the property; and
(d) that Battelle Memorial Institute cooperate fully with the Commissioner of the
RE!venue with respect to audit of its financial records, compliance with the
terms of this ordinance.
4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
CA 10920
R-1
November 18, 2008
APPROVED AS TO LEGAL
SUFFICIENCY:
:e~-
2
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Evelyn's Wildlife Refuge Inc
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Offers a place where wildlife can be rehabilitated and treated for injury or illness. The
organization offers educational programs for schools, civic leagues and other
organizations interested in learning about our wildlife. They also offer a mentorship
program for high school students.
TAX IMP ACT:
Business Property Taxes Totaling $19.91
RELEVANT INFORMATION:
Additional information is available at www.evelynswildliferefuge.org
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AN ORDINANCE TO DESIGNATE EVELYN'S
WILDLIFE REFUGE, INC. AS BEING EXEMPT FROM
LOCAL PERSONAL PROPERTY TAXATION
WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local property taxes to Evelyn's Wildlife Refuge, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates
Evelyn's Wildlife Refuge, Inc. as a charitable organization within the context of 9 6(a)(6) of
Article X of the Constitution of Virginia.
2. That personal property owned by Evelyn's Wildlife Refuge, Inc. located within the
City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis
is hereby exempt from local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property by Evelyn's Wildlife Refuge, Inc. for exclusively
charitable purposes;
(b) that each July 1, Evelyn's Wildlife Refuge, Inc. shall file with the
Commissioner of the Revenue a copy of its most recent federal income tax
return, or, if no such return is required, it shall certify its continuing tax
exempt status to the Commissioner of the Revenue;
(c) that every three years, beginning on July 1, 2011, Evelyn's Wildlife Refuge,
Inc. shall file an exemption application with the Commissioner of the
Revenue as a requirement for retention of the exempt status of the property;
and
(d) that Evelyn's Wildlife Refuge, Inc. cooperate fully with the Commissioner of
the Revenue with respect to audit of its financial records, compliance with the
terms of this ordinance.
4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
Co
CA 10922
R-1
November 18, 2008
APPROVED AS TO LEGAL
SUFFICIENCY:
~~~
2
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: First Landing Foundation
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Historical reenactment of the fIrst landing at Cape Henry, they have built a replica of the
first village established in Virginia for the public to tour. The focus is for this
organization to educate children and the general public for years to come.
TAX IMPACT:
Vehicle: $550.38 and Business Property tax of $10,452.84
Totaling: $11,003.22
RELEVANT INFORMATION:
The foundation operates from a location on Fort Story. Additional information is
available at www.frrstlandingfoundation.com
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AN ORDINANCE TO DESIGNATE FIRST LANDING
FOUNDATION AS BEING EXEMPT FROM LOCAL
PERSONAL PROPERTY TAXATION
WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an eXl3mption from local property taxes to First Landing Foundation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates First
Landing Foundation as a charitable organization within the context of 9 6(a)(6) of Article X
of the Constitution of Virginia.
2. That personal property owned by First Landing Foundation located within the
City of Virginia lBeach that is used exclusively for charitable purposes on a nonprofit basis
is hereby exempt from local property taxation.
3. This 19xemption is contingent on the following:
(a) continued use of the property by First Landing Foundation for exclusively
charitable purposes;
(b) th;at each July 1, First Landing Foundation shall file with the Commissioner of
the Revenue a copy of its most recent federal income tax return, or, if no
sUlch return is required, it shall certify its continuing tax exempt status to the
Commissioner of the Revenue;
(c) that every three years, beginning on July 1, 2011, First Landing Foundation
shall file an exemption application with the Commissioner of the Revenue as
a requirement for retention of the exempt status of the property; and
(d) that First Landing Foundation cooperate fully with the Commissioner of the
RE!venue with respect to audit of its financial records, compliance with the
terms of this ordinance.
4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
I I'
APPROVED AS TO CONTENT:
CA 10923
R-1
November 18, 2008
APPROVED AS TO LEGAL
SUFFICIENCY:
~~--
2
OVERVIEF OF NO~ROFlT APPLICATION FOR EXEMPTION
ENTITY NAME: Hope for Life Rescue Inc.
SUMMAllY OF NONPQOFIT BUSINESS ACTIVITY: The rescue and placement of
abaridoned:companion anitnals. All animals are vetted, spayed and neutered prior to
placement. Life Rescue is h()Used in a 1600 square foot urban sanctuary.
TAX IMPACT:
2008 tax impact is $1,602.34, this is all business property tax.
RELEVANT INFORMATION:
Additional uuormation is available at www.hopeforliferescue.com
, I
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Hope for Life Rescue Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY: The rescue and placement of
abandoned companion animals. All animals are vetted, spayed and neutered prior to
placement. Life Rescue is housed in a 1600 square foot urban sanctuary.
TAX IMPACT:
2008 tax impact is $37.68
RELEVANT INFORMATION:
Additional information is available at www.hopeforliferescue.com
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AN ORDINANCE TO DESIGNATE HOPE FOR LIFE
RESCUE, INC. AS BEING EXEMPT FROM LOCAL
PERSONAL PROPERTY TAXATION
WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an eXI~mption from local property taxes to Hope for Life Rescue, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEA.CH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates Hope
for Life Rescue, Inc. as a charitable organization within the context of 9 6(a)(6) of Article X
of the Constitution of Virginia.
2. That personal property owned by Hope for Life Rescue, Inc. located within the
City of Virginia lBeach that is used exclusively for charitable purposes on a nonprofit basis
is hereby exempt from local property taxation.
3. This 19xemption is contingent on the following:
(a) continued use of the property by Hope for Life Rescue, Inc. for exclusively
charitable purposes;
(b) that each July 1, Hope for Life Rescue, Inc. shall file with the Commissioner
of the Revenue a copy of its most recent federal income tax return, or, if no
sLlch return is required, it shall certify its continuing tax exempt status to the
Commissioner of the Revenue;
(c) that every three years, beginning on July 1,2011, Hope for Life Rescue, Inc.
shall file an exemption application with the Commissioner of the Revenue as
a requirement for retention of the exempt status of the property; and
(d) that Hope for Life Rescue, Inc. cooperate fully with the Commissioner of the
RElvenue with respect to audit of its financial records, compliance with the
terms of this ordinance.
4. That the effective date of this exemption shall be January 1,2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
! I,
APPROVED AS TO CONTENT:
CA 10924
R-1
November 18, 2008
APPROVED AS TO LEGAL
SUFFICIENCY:
-Z?~
2
-
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Let's Talk Inc
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
To provide psycho educational counseling life skills, and life coaching to women and
teen girls. They provide counseling, life skill building, and training and literacy
programs.
TAX IMPACT:
Expected impact is $34.00, based on property currently owned.
RELEVANT INFORMATION:
Moved to Virginia Beach in January 2008, no current tax liability. Tax Impact is based
on a listed of current property that was provided. The organization was previously
operated out of a residence in Chesapeake. Additional information is available at
letstalkinc.org
! I
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AN ORDINANCE TO DESIGNATE LET'S TALK, INC.
AS BEING EXEMPT FROM LOCAL PERSONAL
PROPERTY TAXATION
WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local property taxes to Let's Talk, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates Let's
Talk, Inc. as a charitable organization within the context of 9 6(a)(6) of Article X of the
Constitution of Virginia.
2. That personal property owned by Let's Talk, Inc. located within the City of
Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is
hereby exempt from local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property by Let's Talk, Inc. for exclusively charitable
purposes;
(b) that each July 1, Let's Talk, Inc. shall file with the Commissioner of the
Revenue a copy of its most recent federal income tax return, or, if no such
return is required, it shall certify its continuing tax exempt status to the
Commissioner of the Revenue;
(c) that every three years, beginning on July 1,2011, Let's Talk, Inc. shall file an
exemption application with the Commissioner of the Revenue as a
requirement for retention of the exempt status of the property; and
(d) that Let's Talk, Inc. cooperate fully with the Commissioner of the Revenue
with respect to audit of its financial records, compliance with the terms ofthis
ordinance.
4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
Co
CA 10925
R-1
November 18, 2008
APPROVED AS TO LEGAL
SUFFICIENCY:
...
~~
ity A 's ice
2
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Rampona Orphans International and Mission Fund
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Support orphans in Africa, and other areas in the United States and overseas.
TAX IMPACT:
Business Property Tax Totaling $122.78
RELEVANT INFORMATION:
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AN ORDINANCE TO DESIGNATE RAMPONA
ORPHANS INTERNATIONAL AND MISSION FUND AS
BEING EXEMPT FROM LOCAL PERSONAL
PROPERTY TAXATION
WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an eXE~mption from local property taxes to Rampona Orphans International and
Mission Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates
Rampona Orphans International and Mission Fund as a charitable organization within the
context of 9 6(a)(6) of Article X of the Constitution of Virginia.
2. That personal property owned by Rampona Orphans International and Mission
Fund located within the City of Virginia Beach that is used exclusively for charitable
purposes on a nonprofit basis is hereby exempt from local property taxation.
3. This 13xemption is contingent on the following:
(a) continued use of the property by Rampona Orphans International and
Mission Fund for exclusively charitable purposes;
(b) that each July 1, Rampona Orphans International and Mission Fund shall file
with the Commissioner of the Revenue a copy of its most recent federal
income tax return, or, if no such return is required, it shall certify its
continuing tax exempt status to the Commissioner of the Revenue;
(c) that every three years, beginning on July 1, 2011, Rampona Orphans
International and Mission Fund shall file an exemption application with the
Commissioner of the Revenue as a requirement for retention of the exempt
status of the property; and
(d) that Rampona Orphans International and Mission Fund cooperate fully with
thE~ Commissioner of the Revenue with respect to audit of its financial
reGords, compliance with the terms of this ordinance.
4. That the effective date of this exemption shall be January 1,2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
CA10927
R-1
November 18, 2008
APPROVED AS TO LEGAL
SUFFICIENCY:
~~--
2
OVERV1EW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Sun Wheelers Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Provides adaptive sporting opportunities such as basketball, tennis, snow skiing and
cycling opportunities for physically challenged athletes in Hampton Roads.
TAX IMPACT:
Vehicle Property Tax Totaling $46.53
RELEVANT INFORMATION:
Additional information is available at www.sunwheelers.org
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Sun Wheelers Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Provides adaptive sporting opportunities such as basketball, tennis, snow skiing and
cycling opportunities for physically challenged athletes in Hampton Roads.
TAX IMPACT:
Vehicle Property Tax Totaling $62.05
RELEVANT INFORMATION:
Additional information is available at www.sunwheelers.org
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AN ORDINANCE TO DESIGNATE SUN WHEELERS,
INC. AS BEING EXEMPT FROM LOCAL PERSONAL
PROPERTY TAXATION
WHEREAS, in accordance with S 58.1-3651 of the Code of Virginia, the Council of
the City of Virgiinia Beach has advertised and conducted a public hearing on the issue of
granting an eXE~mption from local property taxes to Sun Wheelers, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates Sun
Wheelers, Inc. .as a charitable organization within the context of S 6(a)(6) of Article X of the
Constitution of Virginia.
2. That personal property owned by Sun Wheelers, Inc. located within the City of
Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is
hereby exempt from local property taxation.
3. This 19xemption is contingent on the following:
(a) continued use of the property by Sun Wheelers, Inc. for exclusively
charitable purposes;
(b) that each July 1, Sun Wheelers, Inc. shall file with the Commissioner of the
Rl3venue a copy of its most recent federal income tax return, or, if no such
return is required, it shall certify its continuing tax exempt status to the
Commissioner of the Revenue;
(c) that every three years, beginning on July 1, 2011, Sun Wheelers, Inc. shall
fih3 an exemption application with the Commissioner of the Revenue as a
requirement for retention of the exempt status of the property; and
(d) that Sun Wheelers, Inc. cooperate fully with the Commissioner of the
REwenue with respect to audit of its financial records, compliance with the
tel"ms of this ordinance.
4. That the effective date of this exemption shall be January 1, 2009.
day of
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
Requires an affirmative vote of three-fourths of the members of the City Council.
i I:"
APPROVED AS TO CONTENT:
CA 10929
R-1
November 18, 2008
APPROVED AS TO LEGAL
SUFFICIENCY:
p~-
2
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Tidewater Division, Mideast Region of the National Model
Railroad Association
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Promote the hobby of model railroading and railroad safety by displaying modular
layouts at schools, retirement homes, and libraries. The organization puts on an annual
train show at the Virginia Beach Convention Center and donates money to "Toys for
Tots".
TAX IMPACT:
Business property tax totaling: $196.83
RELEVANT INFORMATION:
The organization will continue to be responsible for the community event license for the
train show, and admission tax unless admission tax exemption is granted.
Additional information is available at www.nmra-mer-tidewater.org
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AN ORDINANCE TO DESIGNATE TIDEWATER
DIVISION, MIDEAST REGION OF THE NATIONAL
MODEL RAILROAD ASSOCIATION AS BEING
EXEMPT FROM LOCAL PERSONAL PROPERTY
TAXATION
WHEREAS, in accordance with ~ 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local property taxes to Tidewater Division, Mideast Region of
the National Model Railroad Association.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates
Tidewater Division, Mideast Region of the National Model Railroad Association as a
charitable organization within the context of ~ 6(a)(6) of Article X of the Constitution of
Virginia.
2. That personal property owned by Tidewater Division, Mideast Region of the
National Model Railroad Association located within the City of Virginia Beach that is used
exclusively for charitable purposes on a nonprofit basis is hereby exempt from local
property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property by Tidewater Division, Mideast Region of the
National Model Railroad Association for exclusively charitable purposes;
(b) that each July 1, Tidewater Division, Mideast Region of the National Model
Railroad Association shall file with the Commissioner of the Revenue a copy
of its most recent federal income tax return, or, if no such return is required, it
shall certify its continuing tax exempt status to the Commissioner of the
Revenue;
(c) that every three years, beginning on July 1, 2011, Tidewater Division,
Mideast Region of the National Model Railroad Association shall file an
exemption application with the Commissioner of the Revenue as a
requirement for retention of the exempt status of the property; and
(d) that Tidewater Division, Mideast Region of the National Model Railroad
Association cooperate fully with the Commissioner of the Revenue with
respect to audit of its financial records, compliance with the terms of this
ordinance. .
4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~---
I A ' Ice
Co
CA 10930
R-1
November 18, 2008
2
I I"
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: United In Him
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
To unite local churches and Christian organizations to transform inner city communities
through the love of Jesus Christ. The organization provides weekly tutoring for students
in low income housing, transportation to church weekly, distribute food and clothing.
TAX IMP ACT:
3 Vehicles totaling: $141.38 Business Property Tax totaling: $36.63
Combined Total: $178.01
RELEVANT INFORMATION:
Additional information is available at www.unitedinhim.org
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AN ORDINANCE TO DESIGNATE UNITED IN HIM AS
BEING EXEMPT FROM LOCAL PERSONAL
PROPERTY TAXATION
WHEREAS, in accordance with S 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an eXE~mption from local property taxes to United In Him.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates United
In Him as a charitable organization within the context of S 6(a)(6) of Article X of the
Constitution of Virginia.
2. That personal property owned by United In Him located within the City of Virginia
Beach that is lIsed exclusively for charitable purposes on a nonprofit basis is hereby
exempt from 10Gal property taxation.
3. This I~xemption is contingent on the following:
(a).continued use of the property by United In Him for exclusively charitable
purposes;
(b) that each July 1, United In Him shall file with the Commissioner of the
RE~venue a copy of its most recent federal income tax return, or, if no such
return is required, it shall certify its continuing tax exempt status to the
Commissioner of the Revenue;
(c) that every three years, beginning on July 1, 2011, United In Him shall file an
exemption application with the Commissioner of the Revenue as a
requirement for retention of the exempt status of the property; and
(d) that United In Him cooperate fully with the Commissioner of the Revenue
with respect to audit of its financial records, compliance with the terms of this
ordinancE!.
4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
J 2008.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
CA10931
R-1
November 18, 2008
APPROVED AS TO LEGAL
SUFFICIENCY:
~---
2
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Virginia Beach Court Appointed Special Advocates Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Virginia Beach Court Appointed Special Advocates (CASA) is a nation wide program
with a local chapter in Virginia Beach, the organization is committed to advocating for
the best interests of children involved in Juvenile and Domestic Relations District Court
process. CASA recruits, trains and supervises competent volunteers dedicated to
advocating for the needs of abused and neglected children in juvenile dependency
proceeding. Their program promotes safe permanent homes for all children and educates
the community concerning the needs of abused and neglected children.
TAX IMPACT:
Business Property Tax Totaling $54.51
RELEVANT INFORMATION:
Additional information is available at http://www.nationalcasa.org/
I I'll
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AN ORDINANCE TO DESIGNATE VIRGINIA BEACH
COURT APPOINTED SPECIAL ADVOCATE, INC. AS
BEING EXEMPT FROM LOCAL PERSONAL
PROPERTY TAXATION
WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local property taxes to Virginia Beach Court Appointed Special
Advocate, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates
Virginia Beach Court Appointed Special Advocate, Inc. as a charitable organization within
the context of 9 6(a)(6) of Article X of the Constitution of Virginia.
2. That personal property owned by Virginia Beach Court Appointed Special
Advocate, Inc. located within the City of Virginia Beach that is used exclusively for
charitable purposes on a nonprofit basis is hereby exempt from local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property by Virginia Beach Court Appointed Special
Advocate, Inc. for exclusively charitable purposes;
(b) that each July 1, Virginia Beach Court Appointed Special Advocate, Inc. shall
file with the Commissioner of the Revenue a copy of its most recent federal
income tax return, or, if no such return is required, it shall certify its
continuing tax exempt status to the Commissioner of the Revenue;
(c) that every three years, beginning on July 1, 2011, Virginia Beach Court
Appointed Special Advocate, Inc. shall file an exemption application with the
Commissioner of the Revenue as a requirement for retention of the exempt
status of the property; and
(d) that Virginia Beach Court Appointed Special Advocate, Inc. cooperate fully
with the Commissioner of the Revenue with respect to audit of its financial
records, compliance with the terms of this ordinance.
4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~
I Att 's OffIce
C
CA 10945
R-1
November 24, 2008
2
I II
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: VA Beach Educational Broadcast Foundation Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Play Christian music over FM Radio to the citizens of Tidewater, V A in support oflocal
churches and other nonprofit organizations. Provide emergency broadcasting of storms
and other events to the public at no cost.
TAX IMPACT:
Vehicle Tax Totaling $107.30 and Business Property Tax Totaling $415.10
Total Tax $522.40
RELEVANT INFORMATION:
Additional information is available at www.currentfm.com
OVERVIJEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: VA Beach Educational Broadcast Foundation Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Play Christian music over FM Radio to the citizens of Tidewater, V A in support of local
churches and other nonprofit organizations. Provide emergency broadcasting of storms
and other events to the public at no cost.
TAX IMPACT:
Vehicle Tax Totaling $107.30 and Business Property Tax Totaling $148.13
Total Tax $255.43
RELEVANT INFORMATION:
Additional information is available at www.currentfm.com
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41
AN ORDINANCE TO DESIGNATE VIRGINIA BEACH
EDUCATIONAL BROADCAST FOUNDATION, INC. AS
BEING EXEMPT FROM LOCAL PERSONAL
PROPERTY TAXATION
WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local property taxes to Virginia Beach Educational Broadcast
Foundation, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates
Virginia Beach Educational Broadcast Foundation, Inc. as a charitable organization within
the context of 9 6(a)(6) of Article X of the Constitution of Virginia.
2. That personal property owned by Virginia Beach Educational Broadcast
Foundation, Inc. located within the City of Virginia Beach that is used exclusively for
charitable purposes on a nonprofit basis is hereby exempt from local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property by Virginia Beach Educational Broadcast
Foundation, Inc. for exclusively charitable purposes;
(b) that each July 1, Virginia Beach Educational Broadcast Foundation, Inc. shall
file with the Commissioner of the Revenue a copy of its most recent federal
income tax return, or, if no such return is required, it shall certify its
continuing tax exempt status to the Commissioner of the Revenue;
(c) that every three years, beginning on July 1,2011, Virginia Beach Educational
Broadcast Foundation, Inc. shall file an exemption application with the
Commissioner of the Revenue as a requirement for retention of the exempt
status of the property; and
(d) that Virginia Beach Educational Broadcast Foundation, Inc. cooperate fully
with the Commissioner of the Revenue with respect to audit of its financial
records, compliance with the terms of this ordinance.
4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
c
CA 10932
R-1
November 18, 2008
2
APPROVED AS TO LEGAL
SUFFICIENCY:
4?~~-
. I I · I
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Virginia Society for Human Life Educational Fund, Inc
(Tidewater Chapter)
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Provide educational instruction on the dignity and sanctity of human life. The
organization speaks and distributes educational materials at schools churches and
community events.
TAX IMPACT:
Business Property Tax Totaling $ .89
RELEVANT INFORMATION:
Additional information is available at www.vshl.org
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AN ORDINANCE TO DESIGNATE VIRGINIA SOCIETY
FOR HUMAN LIFE EDUCATIONAL FUND, INC.
(TIDEWATER CHAPTER) AS BEING EXEMPT FROM
LOCAL PERSONAL PROPERTY TAXATION
WHEREAS, in accordance with ~ 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local property taxes to Virginia Society for Human Life
Educational Fund, Inc. (Tidewater Chapter).
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates
Virginia Society for Human Life Educational Fund, Inc. (Tidewater Chapter) as a charitable
organization within the context of ~ 6(a)(6) of Article X of the Constitution of Virginia.
2. That personal property owned by Virginia Society for Human Life Educational
Fund, Inc. (Tidewater Chapter) located within the City of Virginia Beach that is used
exclusively for charitable purposes on a nonprofit basis is hereby exempt from local
property taxaticln.
3. This 13xemption is contingent on the following:
(a) continued use of the property by Virginia Society for Human Life Educational
Fund, Inc. (Tidewater Chapter) for exclusively charitable purposes;
(b) th;at each July 1, Virginia Society for Human Life Educational Fund, Inc.
(Tidewater Chapter) shall file with the Commissioner of the Revenue a copy
of its most recent federal income tax return, or, if no such return is required, it
s~lall certify its continuing tax exempt status to the Commissioner of the
RE~venue;
(c) that every three years, beginning on July 1, 2011, Virginia Society for Human
Life Educational Fund, Inc. (Tidewater Chapter) shall file an exemption
application with the Commissioner of the Revenue as a requirement for
retention of the exempt status of the property; and
(d) that Virginia Society for Human Life Educational Fund, Inc. (Tidewater
Chapter) cooperate fully with the Commissioner of the Revenue with respect
to audit of its financial records, compliance with the terms of this ordinance.
4. That the effective date of this exemption shall be January 1, 2009.
Adopted Iby the Council of the City of Virginia Beach, Virginia, on the
, 2~008.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO LEGAL
SUFFICIENCY:
~-
APPROVED AS TO CONTENT:
Co
CA 10933
R-1
November 18, 2008
2
OVERVI]~W OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Young Musicians of Virginia Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Provide music and academic enrichment classes to home schooled children.
TAX IMPACT:
The tax impa.ct is $229.22, in business property tax.
RELEVANT INFORMATION:
Additional information is available at www.ymv.org
I I
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Young Musicians of Virginia Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Provide music and academic enrichment classes to home schooled children.
TAX IMPACT:
The tax impact is $454.30, in business property tax.
RELEVANT INFORMATION:
Additional information is available at www.ymv.org
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AN ORDINANCE TO DESIGNATE YOUNG
MUSICIANS OF VIRGINIA, INC. AS BEING EXEMPT
FROM LOCAL PERSONAL PROPERTY TAXATION
WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an eXE~mption from local property taxes to Young Musicians of Virginia, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEA.CH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates Young
Musicians of Virginia, Inc. as a charitable organization within the context of 9 6(a)(6) of
Article X of the Constitution of Virginia.
2. That personal property owned by Young Musicians of Virginia, Inc. located within
the City of Virgiinia Beach that is used exclusively for charitable purposes on a nonprofit
basis is hereby exempt from local property taxation.
3. This l~xemption is contingent on the following:
(a) continued use of the property by Young Musicians of Virginia, Inc. for
exclusively charitable purposes;
(b) that each July 1, Young Musicians of Virginia, Inc. shall file with the
Commissioner of the Revenue a copy of its most recent federal income tax
return, or, if no such return is required, it shall certify its continuing tax
exempt status to the Commissioner of the Revenue;
(c) that every three years, beginning on July 1, 2011, Young Musicians of
Virginia, Inc. shall file an exemption application with the Commissioner of the
RE~venue as a requirement for retention of the exempt status of the property;
. and
(d) that Young Musicians of Virginia, Inc. cooperate fully with the Commissioner
of the Revenue with respect to audit of its financial records, compliance with
thH terms of this ordinance.
4. That the effective date of this exemption shall be January 1,2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
I
APPROVED AS TO CONTENT:
Co
CA 10934
R-1
November 18, 2008
2
APPROVED AS TO LEGAL
SUFFICIENCY:
V~
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: National Historic Aircraft Foundation
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
To advance knowledge, understanding and appreciation of the role of aviation in history
to present and future generations. To promote the importance of aviation history via book
publishing and commemoration of historical aviation events.
TAX IMPACT:
$178.53 a ve:hicle
RELEVANT INFORMATION:
The foundation is working currently on building their endowment; Mr. Wright is meeting
with individuals to raise money. Mr. Wright stated that the foundation recently signed an
agreement wi.th the Virginia Beach AirportlMilitary Aviation Museum to help them build
the endowment. Additional information is available at www.aircraftfoundation.com
They have co-founded one event with the Virginia Beach AirportlMilitary Aviation.
I recommend denial of this application for exemption at this time, and recommend they
reapply when the nonprofit begins providing educational benefits to the public.
I I
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AN ORDINANCE TO DESIGNATE NATIONAL
HISTORIC AIRCRAFT FOUNDATION AS BEING
EXEMPT FROM LOCAL PERSONAL PROPERTY
TAXATION
WHEREAS, in accordance with 9 58.1-3651 .of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local property taxes to National Historic Aircraft Foundation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates
National Historic Aircraft Foundation as a charitable organization within the context of 9
6(a)(6) of Article X of the Constitution of Virginia.
2. That personal property owned by National Historic Aircraft Foundation located
within the City of Virginia Beach that is used exclusively for charitable purposes on a
nonprofit basis is hereby exempt from local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property by National Historic Aircraft Foundation for
exclusively charitable purposes;
(b) that each July 1, National Historic Aircraft Foundation shall file with the
Commissioner of the Revenue a copy of its most recent federal income tax
return, or, if no such return is required, it shall certify its continuing tax
exempt status to the Commissioner of the Revenue;
(c) that every three years, beginning on July 1, 2011, National Historic Aircraft
Foundation shall file an exemption application with the Commissioner of the
Revenue as a requirement for retention of the exempt status of the property;
and
(d) that National Historic Aircraft Foundation cooperate fully with the
Commissioner of the Revenue with respect to audit of its financial records,
compliance with the terms of this ordinance.
4. That the effective date of this exemption shall be January 1,2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
CA 10926
R-1
November 18, 2008
APPROVED AS TO LEGAL
SUFFICIENCY:
~
2
I I
: I
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Summer Shakes Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
The organization provides Shakespearean plays and other theatrical entertainment to
citizens and tourists. Educational services are provided thru Shakespeare Goes
. Elementary and Theater for Kidsrreens projects.
Summer Shakes Inc. also derives its income from Shakespeare's Late which is a for
profit social club designed to bring income to the nonprofit business activity.
TAX IMPACT:
Business Property Tax Totaling $187.22
RELEVANT INFORMATION:
This entity derives its income and supported by operating an after hours bar that is part of
the nonprofit which files the unrelated income on a 990T. Audit of this account revealed
substantial underreporting on both business license and trustee taxes. Additional
information is available at www.summershakes.com
It is recommended that this nonprofit be denied for exemption.
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AN ORDINANCE TO DESIGNATE SUMMER SHAKES,
INC. AS BEING EXEMPT FROM LOCAL PERSONAL
PROPERTY TAXATION
WHEREAS, in accordance with S 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local property taxes to Summer Shakes, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates
Summer Shakes, Inc. as a charitable organization within the context of S 6(a)(6) of Article
X of the Constitution of Virginia.
2. That personal property owned by Summer Shakes, Inc. located within the City of
Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is
hereby exempt 'from local property taxation.
3. This E!xemption is contingent on the following:
(a) continued use of the property by Summer Shakes, Inc. for exclusively
charitable purposes;
(b) that each July 1, Summer Shakes, Inc. shall file with the Commissioner of the
REwenue a copy of its most recent federal income tax return, or, if no such
return is required, it shall certify its continuing tax exempt status to the
Commissioner of the Revenue;
(c) that every three years, beginning on July 1,2011, Summer Shakes, Inc. shall
filE! an exemption application with the Commissioner of the Revenue as a
requirement for retention of the exempt status of the property; and
(d) that Summer Shakes, Inc. cooperate fully with the Commissioner of the
Re!venue with respect to audit of its financial records, compliance with the
terms of this ordinance.
4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
, I
, I
APPROVED AS TO CONTENT:
CA 10928
R-1
November 18, 2008
2
APPROVED AS TO LEGAL
SUFFICIENCY:
E~
, 1 :1
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'~!jJ City Council Policy
Original Proposal
Title: City Council Policy Regarding Applications for Tax Exemption by
Designation
Date of Adoption: February 3, 2004 T Dates of Revisions: May 6, 2008 Page 1 of 4
1.0 Purpose and Need
Purpose: To establish criteria for approval of resolutions by City Council to exempt, by
designation, local nonprofit organizations from real and personal property taxes. '
Need: City Council has requested guidance as to criteria for considering exemptions as well as a
procedure for reviewing requests for exemption from local property taxes. The Commissioner of
the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort
to stream1in4~ the exemption review process for local nonprofit organizations and provide
necessary amtlysis and oversight of the application process.
Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local
governments may, by designation, exempt the real and personal property of nonprofit
organizatiorn; from local property taxes if used exclusively for religious, charitable, patriotic,
historical, benevolent, cultural, or public park and playground purposes. However, as provided
in Virginia COde ~ 58.1-3651, the local governing body must adopt an ordinance to exempt the
property.
2.0 Policy
The City Council is not required to designate any organization properly applying for exemption
from taxation" and every designation of an organization is conditioned upon compliance with the
terms of this policy and any ordinance granting the exemption. If an organization does not
comply with these requirements, the City Council may revoke the tax exemption after providing
notice and a hearing to the organization. Any revocation of an exemption shall be effective at the
beginning of the ta."< year during which the revocation occurs.
The applicant or a representative of the applicant shall provide the Commissioner of the Revenue
detailed information necessary to determine the benefits to the public that will result from
granting tax e~xemption. In considering applications, the Commissioner of the Revenue shall
employ the following guidelines:
! !
, I
, H II
Title: City Council Policy Regarding Applications for Tax Exemption by
Designation
Date of Adoption: February 3, 2004 I Dates of Revisions: May 6, 2008 Page 2 of 4
1. The organization must be exempt from federal income tax pursuant to Internal Revenue
Code ~ 50l(c).
2. Personal or real property for which an exemption is sought cannot be used by any member
of the organization or other persons except for non-profit purposes benefiting the non-profit
organization applying for exemption.
3. The organization must be in compliance with all City ordinances and regulations (including
but not limited to building, property maintenance, and zoning codes) and all applicable tax
obligations.
4. The organization must provide a service to the residents of the City that results in a benefit to
the public (tangible or intangible).
The following requirements apply to each entity exempted from local property taxes by the City
Council:
1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year)
its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If
not required to file Form 990 or 990 EZ, then the organization must annually certify on
form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt stanIS.
Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and
City Anorney, and is grounds for revocation of tax exempt status.
2. Pursuant to Virginia Code ~ 58.1-3605, each entity exempted from local property taxes shall,
every three years, file an exemption application with the Commissioner of the Revenue as a
requirement for retention of the exempt status of the property. The application form shall be
approved as to form by the City Anomey.
3. Each entity exempted from local property taxes must cooperate fully with the Commissioner
of the Revenue with respect to audit of its financial records, compliance with the terms of this
policy, and compliance with any ordinance granting tax exemption.
3.0 Procedure to Accomplish Policy
1. Organizations applying for exemption must request a determination from the Commissioner
of the Revenue as to whether the organization is or may be tax-exempt by classification,
pursuant to Article 2 (~58.l-3606 et seq.) o~Article 3 (!58.1-3609 et seq.) of Tide 58.1 of the
Virginia Oxle. If the organization is not exempt, but meets the criteria of organizations that
can be exempted by designation (see Virginia Code ~58.l-3651), the organization will receive
I II
Title: City Council Policy Regarding Applications for Tax Exemption by
Designation
Date of Adoption: February 3, 2004 I Dates of Revisions: May 6, 2008 Page 3 of 4
an application from the Commissioner of the Revenue. The application form shall request all
information required by Virginia Code ~58.l-3651 and be approved as to form by the City
Attorney.
2. Applications for exemption shan be considered quarterly. Applications for exemption must
be submitted to the Commissioner of the Revenue. Applications shall be submitted no later
than October 1 of the year preceding the effective date of the exemption. Based on the
criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review
each application and make a report to City Council regarding whether an organization
quaIifie~; for exemption under law and City policy. The Commissioner of the Revenue will
not submit applications he deems incomplete to City Council for a determination.
3. The Commissioner of the Revenue shall forward copies of the applications along with his
written findings to the City Attorney. The City Attorney shall prepare the necessary
ordinan<:es for City Council and coordinate with the City Clerk to ensure that the applications
are properly advertised and placed on the City Council's agenda for a public hearing and
formal consideration.
4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia
Code ~58.l-3651, section 2.0 of this policy, and the findings of the Commissioner of the
Revenue.
5. Any exemptions granted shall be effective as of the next January 1.
6. Exemptions, as weII as any departure from these guidelines, shall require approval by three-
fourths (;J/4) of the members of City Council.
4.0 Responsibilirv and Authority
Responsibili~y for initiating application for exemption and timely providing any information or
application required by the Commissioner of the Revenue shall rest with the organization seeking
exemption. Responsibility for making available information, application for exemption, verifying
submitted tax information and reporting on the initial and continuing statuS of the taxpayer shall
rest with the ('..ommissioner of the Revenue.
Responsibility for preparing required ordinances, arranging for the advertising of public hearings,
and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with
the City Attomey. Responsibility for the final determination of the public benefits resulting from
tax exemption shall rest exclusively with the City Council.
I I II
Tide: City Council Policy Regarding Applications for Tax Exemption by
Designation
Date of Adoption: February 3, 2004 I Dates of Revisions: May 6, 2008 Page 4 of 4
5.0 Definitions
PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether
tangible or intangible, which may accompany the tax exemption.
LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real
estate or tangible personal property.
6.0 Specific Requirements
In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively,
documentation forwarded to the City Council shall include submission of an application form in
form and substance substantially as presented in the attached Exhibit A, as well as any additional
information that the applicant wishes to present to the City Council.
City Hall
Virginia Beach, VA 23456-9002
Commissioner of the Revenue
Philip J. Kellam
Commissioner
VBgov.com/cor
November 13, 2008
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
Subject: Initial Report on Applicants for Exemption from Property Taxes
Dear Mayor and Council Members:
Effective January 1, 2003 the General Assembly transferred its sole authority to grant exemptions by designation
from personal and real property taxesl. The City Council accepted this authority and ordained a policy utilizing
the Community Organization Grant Committee (COG) to administer the review of applicants for tax exemption2.
On May 6, 2008 the City Council revised and re-ordained the process providing for the Commissioner of the
Revenue to review and report to City Council on such applications3.
The Commissioner's Office has received 15 applications in this reporting period. The applicants include:
Battelle Memorialllllstitute
Equi-Kids Therapeutic Riding Program
Fvelyn's Wildlife Refuge Ine
I<'irst Landing Foundation
Hope for Life Rescm~ Inc.
Let's Talk Ine
National Historic Aircraft Foundation
Rampona Orphans International and Mission Fund
Summer Shakes Inc
Sun Wheelers Inc
Tidewater Division, Mideast Region of the National Model Railroad Association
United in Him
Virginia Beach Educational Broadcast Foundation Inc
Virginia Society for Human Life Educational Fund Inc (Tidewater Chapter)
Young Musicians of Virginia Inc
Afh:r :eviewing each application and meeting with representatives of the applicants, I can report the following
applIcants qualiiy for exemption from real and personal property taxes:
Equi-Kids Therapeutic Riding Program
I Code of Virginia 58.1-365]
2 ORD-2798I
3 ORD-3009K
The following applicants qualify for exemption from personal property taxes:
Battelle Memorial Institute
Evelyn's Wildlife Refuge Inc
First Landing Foundation
Hope for Life Rescue Iuc
Let's Talk Inc
Rampona Orphans International and Mission Fund
Sun Wheelers Inc
Tidewater Division, Mideast Region of the National Model Railroad Association
United In Him
Virginia Beach Educational Broadcast Foundation Inc
Virginia Society for Human Life Educational Fund Inc (Tidewater Chapter)
Young Musicians of Virginia Inc
The following applicants for exemption do not qualify for exemption from real or personal property taxes:
National Historic Aircraft Foundation
Summer Shakes Inc
I am available if you have questions or concerns regarding the reconunendations.
Sincerely,
{Ok1f
Philip J. Kellam
Commissioner of the Revenue
Enclosures
City Hall
Virginia Beach, VA 23456-9002
Commissioner of the Revenue
Philip J. Kellam
Commissioner
VBgov.comlcor
November 21, 2008
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
Subject: Initial Report on Applicants for Exemption from Property Taxes
Dear Mayor and Counc:il Members:
Effective January 1, 2003 the General Assembly transferred its sole authority to grant
exemptions by designation from personal and real property taxesl. The City Council accepted
this authority and ordained a policy utilizing the Community Organization Grant Committee
(COG) to administer the review of applicants for tax exemption2. On May 6, 2008 the City
Council revised and re-ordained the process providing for the Commissioner of the Revenue to
review and report to City Council on such applications3.
The Commissioner's Office has received 5 applications in this reporting period. The applicants
include:
American Canl~er Society, South Atlantic Division Inc.
American Center for Law and Justice Inc. (ACLU)
Little Theatre of Virginia Beach, Incorporated
Virginia Beach Court Appointed Special Advocates Inc.
Virginia Beach Events Unlimited Inc.
After reviewing each application and meeting with representatives of the applicants, I can report the
following applic;ants qualify for exemption from real and personal property taxes:
American Cam:er Society, South Atlantic Division Inc.
Little Theatre of Virginia Beach, Incorporated
Virginia Beach Events Unlimited Inc.
1 Code of Virginia 58.1-3651
2 ORD-27981
3 ORD-3009K
The following applicants qualifY for exemption from personal property taxes:
American Center for Law and Justice Inc. (ACLU)
Virginia Beach Court Appointed Special Advocates Inc.
I am available if you have questions or concerns regarding the recommendations, I would be glad to
address them.
Sincerely,
{Okl;f
Philip J. Kellam
Commissioner of the Revenue
Enclosures
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate Funds to the Office of the Commonwealth's
Attorney FY 2008-09 Operating Budget for the Purchase of Equipment
MEETING DATE: December 9,2008
. Background: The Office of the Commonwealth's Attorney (DCA) plans to
replace attorney workstations with laptops, so the attorneys can take their laptops with
them to court. This will allows attorneys to access case files, research cases when in
court and prepare for upcoming cases. A large majority of an attorney's time is spent
either in court or waiting to be called into court. With laptops, they will be able to
increase their productivity. The OCA has been working with ComlT to have wireless
access points installed in each of the courtrooms so that the attorneys will be able to
access the city network. The cost for the laptop upgrades is $43,000. The cost for the
access points is $29,400.
The DCA will use approximately $60,500 to redesign office wide cubicle space to
address employee workplace concerns and improve efficiencies within the office. The
existing cubicles do not meet current industry standards, given their age.
Total cost is $132,900.
. Considerations: The DEA Seized Property Special Revenue Fund provides
law enforcement agencies monetary resources to assist in completing their mission. In
the Fund Balance of the Commonwealth's Attorney DEA Seized Property Special
Revenue Fund, $132,900 is available for this purpose.
. Public Information: Public information will be provided through the normal
Council agenda process.
. Alternatives: Funding is not available through the operating budget to purchase
this equipment and likely will not be available in the upcoming biennial budget process.
. Recommendations: It is recommended that $132,900 be appropriated from the
fund balance of the DEA Seized Property SpeCial Revenue Fund to purchase this
equipment.
. Attachments: Ordinance
Recommended Action:
Approval of ordinance.
Submitting Department/Agency: Office of the Commonwealth's Attorney
City Manager~ k . ~6't.t.
1 AN ORDINANCE TO APPROPRIATE FUNDS TO THE
2 OFFICE OF THE COMMONWEALTH'S A TIORNEY
3 FY 2008-09 OPERATING BUDGET FOR THE
4 PURCHASE OF EQUIPMENT
5
6 WHEREAS, the Drug Enforcement Administration (DEA) Seized Property Special
7 Revenue Fund provides law enforcement agencies with monetary resources to assist in
8 accomplishing their mission.
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12
13 Estimated revenues from the DEA Seized Property Fund Balance are hereby
14 increased by $'132,900
15
16 Appropriations to the Office of the Commonwealth's Attorney's FY 2008-09
17 Operating Bud~let for the purchase of technology and office upgrades are increased by
18 $132,900.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2008.
day
Requires l:Jn affirmative vote by a majority of all the members of City Council.
Approved as to Content:
Approved as to Legal
Sufficiency:
1J~Q~
Management SElrvices
1?~~- ----
ity r ey's Office
CA 10948
R-2
November 24, 21008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate Funding to the School Operating Budget and Provide
Additional Funding for Various Capital Projects
MEETING DATE: December 9, 2008
. Background: On October 7, 2008, the School Board was presented a summary of
the un-audited financial statement for FY 2007-08 in which $33,065,747 was available for
appropriation to School related issues based on the City Council practice of returning any
funding reverted by the School System. Under City Council policy, this funding can only be
used for one-time purposes and cannot create an on-going obligation. Also impacting this
ordinance is a 2003 ordinance passed by City Council at the request of the School Board
which established a School Reserve Special Revenue Fund. This fund was established to
allow the School System to set aside funding to be in a better position to respond to (1)
unexpected shortfalls in state or federal revenues, (2) emergency expenditures of a non-
recurring nature, or (3) other fiscal emergencies. Use of funds from this reserve requires a
resolution stating the purpose of the expenditures and the total amount to be expended to be
adopted by a two-thirds majority of the School Board and an appropriation ordinance to be
adopted by the City Council. As of June 30th 2008, the School Reserve Special Revenue
Fund had an un-audited balance of $4.3 million.
. Considerations: At their December 2nd meeting, the School
resolution requesting that the $33,065,747 be appropriated as follows:
School Operating Fund - Instruction Category
School Operating Fund - Pupil Transportation Category
Subtotal School Operating Fund:
Board adopted a
1,570,693
$ 774,775
$ 2,345,468
$ 578,807
436,500
$ 1,015,307
763,500
392,725
Technology Fund - New Equipment
New Equipment & Software
Upgrades to Software Systems & Servers
Subtotal School Technology Fund:
Technology Fund - Replacement of Outdated Computers
Equipment Replacement Fund (Copiers & Printers)
Various Capital Projects
1-195 Student Data Management
1-211 School Operating Budget Support
1-103 Renovations & Replacements - HV AC Systems - Phase"
1-105 Renovations & Replacements - Various Phase"
Subtotal Transfer to Capital Projects:
$ 1 ,750,000
1 ,000,000
375,000
375,000
$ 3,500.000
Cafeteria Fund
Total Appropriation:
$ 250,000
$ 24,798,747
$ 33,065,747
School Reserve Fund
The School Board is requesting that $24.8 million be appropriated to the School Reserve
Special Revenue Fund. This will bring the balance of this fund up to $29.1 million or 3.3% of
the total School Operating Budget
. Public Information: This appropriation exceeds 1 % of the Operating Budget and 1 %
of the Capital Budget and requires a public hearing. The public hearing notice for School
Reversion funds ran on Sunday, October 19th in the legal notice section of the Beacon.
These public headngs were held on October 28th. Information regarding this request will be
disseminated to the public through the normal City Council Agenda process.
. Attachments: Ordinance, School Board Resolution
Recommended .4!~ction: Approval of Attached Ordinance to appropriate $4.76 million to the
School Operating Budget; $3.5 million to various School CIP projects; and $24.8 million to the
School Reserve Special Revenue Fund.
Submitting DepalrtmentlAgency: School Board
City Manager~ k · 2e ll'I'<t..
1 AN ORDINANCE TO APPROPRIATE FUNDING TO
2 THE SCHOOL OPERATING BUDGET AND
3 PROVIDE ADDITIONAL FUNDING FOR VARIOUS
4 CAPITAL PROJECTS
5
6 WHEREAS, the School System reverted $ 33,065,747 to the City's General Fund
7 per State Law;
8
9 WHEREAS, by formal resolution, the School Board requests the appropriation of
10 this funding to the School Operating and Capital Budgets; and
11
12 WHEREAS, In 2003 the City Council established the School Reserve Special
13 Revenue Fund at the request of the School Board to allow the School System to set
14 aside funding to be in a better position to respond to (1) unexpected shortfalls in state or
15 federal revenues, (2) emergency expenditures of a non-recurring nature, or (3) other
16 fiscal emergencies. Use of funds from this reserve requires a resolution stating the
17 purpose of the expenditures and the total amount to be expended to be adopted by a
18 two-thirds majority of the School Board and an appropriation ordinance to be adopted
19 by the City Council.
20
21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA, THAT:
23
24 Funding is appropriated as follows:
25
26 1. $ 24,798,747 to the School Reserve Special Revenue Fund (# 98) for
27 unexpected shortfalls in state or federal revenues or other non-recurring
28 expenses;
29
30 2. $ 1,570,693 to the Instructional Category for instructional equipment, supplies,
31 staff training, and school allocations in support of student achievement; and
32
33 3. $ 774,775 to the Pupil Transportation Category for bus replacements.
34
35 4. $ 1,015,307 to the School Technology Fund (#106) for purchase of new
36 instructional related technology equipment and software;
37
38 5. $ 763,500 to the School Technology Fund (#108) for replacement of outdated
39 computers;
40
41 6. $ 392,725 to the Equipment Replacement Fund (#107) for replacing copiers and
42 printers;
43
44 7. $ 250,000 to the Cafeteria Fund (#114) for the replacement of old equipment;
45 and
46
47 8. $ 3,500,000 to the School's Capital Budget for:
48
49 a) $ 1,750,000 for capital project #1-195 Student Data Management;
50
51 b) $1,000,000 for capital project #1-211 School Operating Budget Support;
52
53 c) $ 375,000 for capital project #1-103 Renovations & Replacements - HVAC
54 Sysj~ems - Phase II; and
55
56. d) $ 37:5,000 for capital project #1-105 Renovations & Replacements - Various
57 - Phasl~ /I
58
59 9. Estimat,ed use of General Fund Balance is increased by $33,065,747.
Adopted by the City Council of the City of Virginia Beach on the
,2008.
day of
Requires an affirmative vote by a majority of all the members of City Council.
'APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
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CA 10893
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November 24, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Substitute Funding Sources in the City's FY 2008-09 Capital
Budget
MEETING DATE: December 9,2008
. Background: In the adopted FY 2008-09 Capital Budget, CIP Project # 1-019,
"Great Neck Middle School Replacement" and CIP Project # 1-103 "Renovations and
Replacements - HVAC Systems - Phase II" were funded in part by lottery and State
school construction funds. Due to economic circumstances, the School System has
realized shortfalls in lottery proceeds and school construction funds from the State.
These shortfalls necessitate the substitution of interest revenue of $601,094 in CIP
Project # 1-019, "Great Neck Middle School Replacement" and $78,354 in CIP Project #
1-103 "Renovations and Replacements - HVAC Systems - Phase 11".
. Considerations: The Schools propose to amend the Capital Budget by
substituting $679,448 in interest income for the shortfall in State lottery and construction
funds. This amendment will generate no change in net revenue or appropriations in the
FY 2008-09 Capital Budget.
. Public Information: Public information will be handled through the normal
Council agenda process.
. Alternatives: Since no other revenue is available to replace the lost funding, the
alternative is to reduce these projects by $679,448.
. Recommendations: It is recommended that the City Council adopt the
ordinance appropriating $679,448 in interest revenue to the FY 2008-09 Capital Budget.
. Attachments: Ordinance
Recommended Action: Approval of Ordinance
Submitting Department/Agency: Virginia Beach School Board
City Manager:~\ ).l.. ,~<><'t
1 AN ORDINANCE TO SUBSTITUTE FUNDING SOURCES IN
2 THE CITY'S FY 2008-09 CAPITAL BUDGET
3
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA:
6
7 1. That the funding source of capital project # 1-019 Great Neck Middle School
8 Replacement is adjusted in the following manner:
9 a. funding from lottery funds is reduced by $601,094;
10 b. funding from interest income is increased by $601,094; and
11
12 2. That the funding source of capital project # 1-013 Renovations and
13 Replacement -. HVAC Systems - Phase 1\ is adjusted in the following manner:
14 a. funding from state construction funds is reduced by $78,354;
15 b. funding from interest income is increased by $78,354.
16
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
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CA10941
R-3
November 26, ~~008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer Funds to the Southeastern Parkway & Greenbelt
Project (CIP 2-089)
MEETING DATE: December 9,2008
. Background: Southern Virginia Beach Properties, LLC (the Company) has
submitted a preliminary site plan to the Planning Department with the intent of
developing approximately 24.03 acres of land into 41 lots in the Hillcrest Crossing
Subdivision. Upon the review of the site plan, the Planning Department notified the
Company that approximately 13 of these lots (totaling 10.55+/- acres) will be affected by
the Southeastern Parkway & Greenbelt Project (CIP 2-089). Based on this information
the Company contacted the Public Works Real Estate Department requesting that the
City purchase the portion of property needed for the project. The City's Real Estate
Agent has estimated that this acquisition will cost $1,142,000.
This office has verified with Planning that any open space/greenway requirement typical
of such a development will be waived. Any additional right of way/easements needed for
the Indian River Road project in close proximity to this subdivision will be dedicated by
the developer via an existing City ordinance.
. Considerations: Based on preliminary talks with the property owners, the
Southeastern Parkway & Greenbelt Project (CIP 2-089) will need an additional
$740,000 to allow the purchase of the needed project rights-of-way. The additional
amount needed can be provided by transferring from the Various Site Acquisitions
Project (CIP 3-368). After this transfer, this project will have a remaining balance of
$42,326. Proceeds from the sale of properties at 12th Street and at the corner of South
Independence Blvd. and Princess Anne Rd., with a total estimated value of $1.9 million,
subject to a current survey, will be used to replenish project 3-368.
. Public Information: Public information will be handled through the normal Council
agenda notification process.
. Alternatives: Delaying the purchase of the needed rights-of-way for the roadway
project would result in greater costs at a later date.
. Recommendations: Approval of the ordinance to provide additional
appropriations to project 2-089.
. Attachments: Ordinance and Map
Recommended Action: Approval of ordinance
Submitting D~a~entlAgency: Management Services
City Manager: ~ J. t.l~t- ~,
1 AN ORDINANCE TO TRANSFER FUNDS TO THE
2 SOUTHEASTERN PARKWAY & GREENBELT PROJECT
3 (GIP 2-089)
4
5 WHEREAS, the Southeastern Parkway & Greenbelt Project (CIP 2-089) needs
6 an additional $740,000 to allow the purchase of rights-of-way, with funding available
7 from the Various Site Acquisitions Project (CIP 3-368).
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEA.CH, VIRGINIA:
11
12 That $740,000 is transferred from the Various Site Acquisitions Project (CIP 3-
13 368) to the Southeastern Parkway & Greenbelt Project (CIP 2-089).
of
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2008.
day
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
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CA 10950
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November 26, 2:008
L. PLANNING
1. Application of MILITARY AVIATION MUSEUM for Modification and Addition of
Conditions (approved by City Council on January 9,2007) at 1341 Princess Anne Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION:
APPROVAL
2. Application of BUKOLA A. ODUYELU, D.D.S., P.C. for a Change of Zoning District
Classification from R-20 Residential District to Conditional 0-1 Office District at 2264 London
Bridge Road re an office building at SGA 10, South Oceana Area.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION:
APPROVAL
3. Application of 50 1 22ND STREET, LLC for a Change of Zoning District Classification from
A-12 Apartment District to Conditional RT-3 Resort Tourist District at 501 22nd Street re a
product showroom and office at the Resort Area.
DISTRICT 6 - BEACH
RECOMMENDATION:
APPROVAL
4. Application of AGAPE FULL GOSPEL DELIVERANCE and WORSHIP CENTER for a
Conditional Use Permit re a church and related facilities at 6620 Indian River Road. '
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION:
APPROVAL
- 53 -
Item V-L.5.
PLANNING
ITEM # 55987 (Continued)
The following conditions shall be required:
1. The operating hoursfor the Museum shall be 9:00 AM through 5:00 PM, seven (7) days a
week. except during the Summer months when the Museum will cease operating at dusk.
2. Museum employees shall number no more than four (4) persons on duty at any given time.
There shall be no limit on the number of Volunteers.
3. There shall be no outdoor amplified sound or music associated with the Museum or special
events.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia. on the Ninth of January Two Thousand
Seven
Voting: 8-3
Council Members Voting Aye:
William R. "Bill" DeSteph. Harry E. Diezel. Robert M Dyer. Reba S.
McC/anan, Mayor Meyera E. Oberndorj. John E. Uhrin. Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
Barbara M Henley, Vice Mayor Louis R. Jones and Ron A. Villanueva*
Council Members Absent:
None
.Verbal Nay
January 9, 2007
- 52-
Item V-L.5.
PUNNING
ITEM # 55987
Thefollowing registered in SUPPORT:
Attorney R. Edward Bourdon, Phone: 499-8971, represented the applicant, Gerald Yagen, President-
Military Aviation Museum. Conditional Use Permits were issued in 1969 and 1970for an airport
on Mr. Yagen 's property. Attorney Bourdon submitted a petition containing 230 signatures in support
of the application. Said petition is hereby made a part of the record
Rear Admiral Fred Metz. 805 Circuit Street, Phone: 481-3248, represented the Association of Naval
Aviation (ANA)
John Parron, 4087 North Witchduck Road. Phone: 464-0119, Retired twenty-jive (25) years ago as
a Pan American pilot
Robert Dedman, 3728 Lynnfield Drive, Phone: 463-2032. retired 1WA 747 Captain Little Neck resident
and closefriendfor many years of Gerald Yagen. "This Museum is notjustfor Virginia Beach, butfor
Virginia and the United States. ..
The following registered in OPPOSITION:
Attorney Barry Koch. represented Roy and Katheryn Bateman, property owners across from the site
Attorney Koch referenced Condition No.4. removed by the Planning Commission: (There shall be
no more thanfiJrly (40}flights per week associated directly with the Museum and special event
activities). Attorney Koch requested this condition be reinstated
A MOTION Wtl.!i made by Council Lady Henley, seconded by Councilman Villanueva to ADOPT an
Ordinance upon application of the MILITARY AVIATION MUSEUMfor a Conditional Use Permitfor
a museum within an existing airport hanger. This application will include Condition No.4. which had
been previously removed by the Planning Commission. (There shall be no more than forty (40) flights
per week associated directly with the Museum and special event activities). This condition is intended to
prevent the Museum from growing too large.
Upon SUBSTITIUTE MOTION by Council Lady Wilson. seconded by Councilman DeSteph. City
Council ADOPTED an Ordinance upon application of the MILITARY AVIATION MUSEUM for a
Conditional Use Permit for a Museum within an existing airport hanger:
ORDINANCE UPON APPLICATION OF MILITARY AVIATION
lvJUSEUM FOR A CONDITIONAL USE PERMIT FOR A MUSEUM
J.f'ITHIN AN EXISTING AIRPORT HANGER ROI0734199
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA
Ordinance upon application of Military Aviation Museum for a
Conditional Use Permit for a Museum within an existing airport hanger
on property located on the west side of Princess Anne Road,
approximately 330 feet south of Gum Bridge Road (GPIN 2401762176-
part of). DISTRICT 7 - PRINCESS ANNE
January 9, 2007
MILITAlRY AVIATION MUSEUM
Map K-J6
Me Not to Scale
.f\
.oJ
Relevant Ilnformation:
· Princ:::ess Anne District
· The (:urrently requested Modification to the existing Conditional Use
Permit proposes an expansion to the museum for five (5) additional
structures, with parking, and an expansion to the existing parking
lot.
· The five (5) buildings include: a restored "Cottbus" German hanger
originally built in 1939; a restored British control tower circa 1941; a
repli(:a World War I hanger; a 15,000 square foot maintenance
building; and, a 10,000 square foot storage building for equipment,
parts, and supplies. It is anticipated that the proposed replica World
War I hanger will house up to 14 World War I airplanes.
· AICU.Z is Less than 65.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (10-0)
· TherE~ was opposition
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: MILITARY AVIATION MUSEUM Modification of Conditions, request
approved by City Council on January 9,2007,1341 Princess Anne Road,
PRINCESS ANNE DISTRICT
MEETING DATE: December 9, 2008
. Background:
A Conditional Use Permit permitting the Military Aviation Museum was approved
by the City Council on January 9,2007. The museum is inside an existing
41,250 square foot airplane hanger and displays artifacts and memorabilia
related to World War II and vintage aircraft. The museum also includes a gift
shop, a snack bar, a volunteer lounge, restrooms, a lecture hall, and a library.
The museum is a 501 (c) (3), nonprofit organization.
The Conditional Use Permit has three (3) conditions:
1. The operating hours for the museum shall be 9:00 am through 5:00 pm,
seven days a week, except during the summer months when the museum will
cease operating at dusk.
2. Museum employees shall number no more than four (4) persons on duty at
any given time. There shall be no limit on the number of volunteers.
3. There shall be no outdoor amplified sound or music audible at the property
line associated with the museum or special events.
The museum is located on an airport site that operates under an existing Use
Permit and a subsequent court order. Much of the activity on the site is covered
under these past actions. The current request applies only to the proposed
expansion of the museum.
. Considerations:
The currently requested modification to the existing Conditional Use Permit
proposes an expansion to the museum for five (5) additional structures, with
parking, and an expansion to the existing parking lot. The five (5) buildings are
proposed on the western portion of the site, at least 800 feet beyond the existing
hanger/museum structure. The new buildings include: a restored "Cottbus"
German hanger originally built in 1939; a restored British control tower circa
MILITARY AVIATION MUSEUM
Page 2 of 3
1941; a mplica World War I hanger; a 15,000 square foot maintenance building;
and, a 10,000 square foot storage building for equipment, parts, and supplies. It
is anticipc:lted that the proposed replica World War I hanger will house up to 14
World WSlr I airplanes. Currently, the applicant's primary maintenance shop is
located in Suffolk, Virginia. In addition to moving this maintenance facility to
Virginia Beach, the applicant has several planes under restoration in Virginia,
Australia i:lnd New Zealand that he also anticipates relocating to this site.
The area surrounding the proposed buildings is mostly cultivated, open field, or
wooded. The nearest dwelling is approximately 1,300 feet from these proposed
buildings ,and is screened from the proposed site for the buildings by a large
stand of trees. Additionally, the applicant will be planting a landscape buffer
along the northern property line. There will be little if any negative visual impact
to surrounding properties, particularly since from a distance, the proposed
buildings will appear to be the type of utilitarian structures (barns, storage sheds,
water tanks, etc.) commonly associated with a rural landscape.
The existing building is served by a septic tank system and private water supply
well. Health Department review and approval will be required for the museum
expansion and this Use Pennit is conditioned as such. A Sewage Disposal
System Construction Pennit will likely be required by the Health Department prior
to commencement of construction. Staff has recommended a condition that all
Health Department approvals shall be obtained prior to approval of the final site
plan.
There wa~. opposition to the request, and the conditions underlined below were
added by the Planning Commission in response to issues raised by those
appearing at the hearing in opposition.
Additionally, during the Planning Commission hearing, there was discussion
concernin!~ the number of employees for the museum, as the January 2007 Use
Pennit limited the number of paid employees to four (4), with an unlimited
number of volunteers. After the Planning Commission hearing, the applicant
submitted a letter to staff explaining the need for 12 to 18 employees for the
museum Sind the purpose of the employees (letter is attached). Staff has no
objection to modifying Condition 2 of the 2007 Use Pennit as follows:
Museum employees shall number no more than four (~) jJU>ersons on
du~, at any given time. There shall be no limit on the number of
volunteers.
. RecommElndations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
, I
I
MILITARY AVIATION MUSEUM
Page 3 of 3
1. All conditions attached to the Conditional Use Permit granted by the City
Council on January 9,2007, shall remain in affect.
2. Health Department review and approval for a Sewage Disposal System
Construction Permit or any other permit as deemed necessary by the Health
Department shall be obtained prior to approval of the final site plan.
3. Streetscape landscaping, as described in the landscaping Guide, City of
Virginia Beach, December 2002, shall be installed along the eastern
boundary line of the future parking lot expansion and shall be installed along
the entire length in an effort to screen any vehicles from view of the right-of-
way.
4. There shall be no direct vehicular inoress/eQress from this property onto
Vauohan Road.
5. The existino runway shall remain in a orassed. natural condition and shall not
be paved.
6. The additional buildinos shown on the submitted plan shall be onlv used for
museum-related purposes.
7. A landscaped buffer shall be installed alono the northern boundary of this
property. The Director of Plannino shall review the proposed plant species
and size to be installed alono the boundary: no plants shall be installed until
approval has been obtained from the Director of Plannino.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department ~~
City Manage~ ~ .~ ~\
II SYllS. ROURDON.
Am:RN & ll:VY. p.e
PEMBROKE OFFICE PARK - BUllIllNG ONE
281 INDEPENDENCE BoULEVARD
FIFTH FLOOR
VIRGINIA BEACt1. VIRGINIA 2~82-2989
ATTORNEYS AND COUNSELORS AT LAW
TElEPHONE: 757-499-8971
FACSIMILE: 757-456-5445
November 17, 2008
JON M. AHERN
R. EDWARD BOURDON. JR.
JAMES T. CROMWELL
L. STEVEN EMMERT
JACQUELINE A. FINK
DAVID S. HOLLAND
KATEY KORSLUND
KIRK B. LEVY
O. JACKSON MOORE. JR.
JENNIFER D_ ORAM-SMITH
HOWARD R. SYKES. JR.
VIa Hand. Delivery
Jack Whitney, Director
Department of Planning
Building 2, Room 115
Municipal Center
Vuginia Beach, Virginia 23456.
Att:n: Caro~rn Smith
Re: Application of Military Aviation Museum for Modification to Conditional Use
Permit for Museum at property located at 1341 Princess Anne Road, Princess
Anne District
Dear Carol)n:
As a follow up to our telephone conversation on Friday, November 14, 2008,
this shall c()nfirm that we will need to have condition number 2 of the original use
permit, which limited the number of museum employees to four (4) persons,
modified OJ' deleted. Due to the extensive and exhaustive inspection regimen that
each of the~ vintage planes is subjected to by FAA Inspectors, my client employs
twelve (12) :aviation mechania and technicians to maintain his invaluable collection.
With the modification to the museum's use permit, these maintenance technicians
will be employed at the airport to maintain the museum's planes.
As lre discussed, my client and I are skeptical of the need to restrict
employees of the museum, however, if staff and ultimately, the City Council believes
that a limiuLtion is still necessary, we would request that that limitation be increased
to no more than eighteen (t8) employees .on duty at any given time".
As we have stated repeatedly, all employees and all of the requested
additional buildings will only be utilized for the museum, for maintenance of Mr.
Yagen's con~ection of vintage planes and for equipment used to maintain the grounds
of the museum property.
If YOll have any questions or concerns or if I can be of any further assistance
in clarifying any of the information provided, do not hesitate to contact me.
: II
. SYm. BOURDON.
Am:RN &. LtVY. P.e.
Jack Whitney, Director
November 17, 2008
Page 2
With kind regards, I am
QS
'. "0 Bourdon,Jr.
REBjr/arhm
cc: Gerald. Yagen, Military Aviation Museum
Unda Parrett, Unda Parret Associ,~
ModificationofConditions/yagen/MilitaryAviationMuseum/WhitDeYJ.trn.l1.08
REQUEST:
M.pI<-J6
Me Not to 5":01.
MILIT~~RY AVIATION
MUSEUM
Agenda Item 8
November '12, 2008 Public Hearing
Staff Planner: Carolyn A.K. Smith
Modification of the Conditional Use Permit
approved by the City Council on January 9,2007,
for a museum,
ADDRESS I DESCRIPTION: Property located at 1341 Princess Anne Road
GPIN:
24017621760000
COUNCIL ELECTION DISTRICT:
PRINCESS ANNE
SITE SIZE:
Approximately 22 acres
A Conditional Use Permit permitting the Military Aviation
Museum was approved by the City Council on January 9,
2007. The museum is inside an existing 41,250 square foot airplane hanger and displays artifacts and
memorabilia related to World War II and vintage aircraft. The museum also includes a gift shop, a snack
bar, a volunteE!r lounge, restrooms, a lecture hall, and a library. The museum is a 501 (c) (3), nonprofit
organization.
SUMMARY OF REQUEST
The Conditional Use Permit has three (3) conditions:
1. The operating hours for the museum shall be 9:00 am through 5:00 pm, seven days a week,
except during the summer months when the museum will cease operating at dusk.
2. Museum employees shall number no more than four (4) persons on duty at any given time. There
shall be no limit on the number of volunteers.
3. There shall be no outdoor amplified sound or music audible at the property line associated with
the museum or special events.
The currently requested Modification to the existing Conditional Use Permit proposes an expansion to the
museum for five (5) additional structures, with parking, and an expansion to the existing parking lot. The
MILITARY AVIATION MUSEUM
Agenda Item 8
Page 1
five (5) buildings are proposed on the western portion of the site, at least 800 feet beyond the existing
hanger/museum structure. The new buildings include: a restored "Cottbus" German hanger originally
built in 1939; a restored British control tower circa 1941; a replica World War I hanger; a 15,000 square
foot maintenance building; and, a 10,000 square foot storage building for equipment, parts, and supplies.
It is anticipated that the proposed replica World War I hanger will house up to 14 World War I airplanes.
Other than the proposed maintenance and storage buildings, all of the buildings are extremely unique and
are of great historic value. Photographs and elevations of the buildings are provided at the end of this
report. All of the buildings will be located well off Princess Anne Road (approximately Y:z mile) and out of
view of the right-of-way. There is an existing storm water management pond on the site that will collect
and treat stormwater runoff from these proposed buildings and parking areas.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: The majority of the site is grass field with a grass runway with a 41,000 square foot
airplane hanger and museum with a paved parking lot and water tower.
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
AICUZ:
. Field, single-family dwellings / AG-1 Agricultural District
. Wooded area, single-family dwellings / AG-1 Agricultural
District
. Princess Anne Road, single-family dwelling / AG-2 Agricultural
District
. Vaughn Road, field, single-family dwellings / AG-1 Agricultural
District
The site is located in the Southern Watersheds Management Area. The
site is primarily a grass field with a grass runway. There is an existing
airport hanger with a paved parking lot and water tower. There do not
appear to be any significant environmental or local cultural features on
the site. However, the museum, including the proposed facilities, is
indicative of the role of this area of the city during World War II. Several
airfields in rural Princess Anne County served as satellite fields to
Norfolk Naval Air Station. These airfields served as support to
operations, training and maintenance of WWII aircraft.
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Princess
Anne Road in the vicinity of this site is a two-lane rural highway. Princess Anne Road has an 80 foot
MILITARY AVIATION MUSEUM
Agenda Item 8
Page 2
right-of-way, and the MTP shows an undivided roadway with a bikeway and an ultimate right-of-way
width of 100 feet. There is currently no CIP project scheduled for this segment of Princess Anne Road.
TRAFFIC: I Street Name Present Present Capacity Generated Traffic
I Princess Anne Volume
8,669 ADT 1 12,000 ADT 1 (Level of Existing Land Use'-:-
. Road Service "D") - 18,600 ADT 181 ADT
I 1 (Level of Service "E") Proposed Land Use 3 -
! 199 ADT
Average Dally Tnps
2 as defined by 4 employee general aviation airport (57 ADT) + 4 employee aviation museum (124 ADT) = 181 ADT
3 as defined by the existing 181 ADT + 38 ADT based on 15.000 square foot aviation maintenance shop = 216 ADT
WATER & SEWER: There is no City water or City sewer service provided to this site.
Recommend1iltion:
Staff recommElnds approval of this
requested modification, as conditioned below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehl:lnsive Plan recognizes this site to be within the "Rural Area." The area is characterized as
low, flat land with wide floodplains and altered drainage. The Comprehensive Plan recognizes this area
as agricultural and rural with uses related to farming, forestry, rural residential and other rurally
compatible USI3S.
Evaluation:
The existing Military Aviation Museum has been a positive attraction and landmark for both residents and
visitors. The recommended conditions are designed to limit the impact of the museum to a level that is
compatible with the surrounding community. The willingness of the owner to expand this museum, which
is open to the public and school groups, is a unique educational opportunity and natural extension of the
existing airport use. The airport operates under an existing Use Permit and a subsequent court order.
Muc'" of the aGtivity on the site is covered under these past actions. The current evaluation applies only to
the proposed 43xpansion of the museum.
The expansion to the existing parking lot is proposed to the east of the small lot that currently serves as
the main parking area for the museum. All of the proposed buildings will be located far off Princess Anne
Road (approximately % mile) and out of view of the right-of-way. Two of the proposed buildings have
historical significance: a restored "Cottbus" German hanger originally built in 1939 and a restored British
control tower c:irca 1941. A replica of a World War I hanger and two (2) storage and maintenance
buildings are also proposed. Currently, the applicant's primary maintenance shop is located in Suffolk,
Virginia. In addition to moving this maintenance facility to Virginia Beach, the applicant has several planes
under restoration in Virginia, Australia and New Zealand that he also anticipates relocating to this site. It
MILITARY AVIATION MUSEUM
Agenda Item 8
Page 3
is anticipated that the proposed hanger will house up to 14 World War I airplanes.
The area surrounding the proposed buildings is mostly cultivated, open field, or wooded, providing a
buffer to adjoining properties. The nearest dwelling is approximately 1,300 feet from these proposed
buildings and is screened from the proposed site for the buildings by a large stand of trees. Staff does not
anticipate any negative visual impacts to surrounding properties, particularly since from a distance, the
proposed buildings will appear to be the type of utilitarian structures (barns, storage sheds, etc.)
commonly associated with a rural landscape.
The additional traffic generated by the expansion is less than 20 vehicles per day with a total of 38
average daily trips. The future parking lot expansion, with an estimated 53 spaces, is recommended to be
screened with streetscape landscaping. A recommendation by Staff suggests that the landscaping be
installed along the length of the parking lot to aid in screening vehicles from view as one travels along
Princess Anne Road.
The existing building is served by a septic tank system and private water supply well. Health Department
review and approval will be required for the museum expansion and this Use Permit is conditioned as
such. A Sewage Disposal System Construction Permit will likely be required by the Health Department
prior to commencement of construction. Staff has recommended a condition that all Health Department
approvals shall be obtained prior to approval of the final site plan.
Staff recommends approval, subject to the conditions below.
CONDITIONS
1. All conditions attached to the Conditional Use Permit gr~nted by the City Council on January 9, 2007,
shall remain in affect.
2. Health Department review and approval for a Sewage Disposal System Construction Permit or any
other permit as deemed necessary by the Health Department shall be obtained prior to approval of the
final site plan.
3. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December
2002, shall be installed along the eastern boundary line of the future parking lot expansion and shall
be installed along the entire length in an effort to screen any vehicles from view of the right-of-way.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
MILITARY AVIATION MUSEUM
Agenda Item 8
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Page 14
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1 0/02/06
05/08/01
05/14/02
CUP - museum
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MILITARY AVIATION MUSEUM
Agenda Item 8
Page 15
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DISCLOSURE STATEMENT II
II
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the applicant name followed by the names of all officers. members,
trustees, partners, etc. below: (Attach list if necessary)
Military Aviation Museum: Gerald Yagen, President/Secretary of this 501 (c)(3)
corporation
2. List all businesses that have a parent-subsidiary 1 or affiliated business entitl
relationship with the applicant: (Attach list if necessary)
o Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization. complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
Virginia Beach Airport, L.L.C.: Gerald Yagen, Member; Ruth Elaine Yagen,
Member
2. List all businesses that have a parent-subsidiary1 or affiliated business entitl
relationship with the applicant: (Attach list if necessary)
o Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
1 & 2 See next page for footnotes
ModificatIon of Conditions Application
Page 10 of 11
Revised 9/1/2004
MILITARY AVIATION MUSEUM
Agenda Item 8
Page 16
--
DISCLOSURE STATEMENT
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ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use. including but not limited to the providers of architectural
services, reall estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Sykes, Bourdon, Ahern & Levy. P.C.
KCI Technologies
Kaufman & Canoles, P.C.
Linda Parrett Associates, Interior Designs
1 "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code 9 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship. other than
parent-subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; thene are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va.
Code 9 2.2<1101.
CERTIFICA"r10N: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
schedule rr public hearing, I am responsible for obtaining and posting the required
sign on subj t pro erty at least 30 days prior to the scheduled public hearing
acco I t In ction in this package.
Milita
By: Gerald Yagen, President
App' c Print Name
Vi gin'
By: Gerald Yagen, Member
Prop Print Name
Modification of Conditions Appliciltlon
Page 11 of 11
Revised 9/1/2004
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MILITARY AVIATION MUSEUM
Agenda Item 8
Page 17
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Item #8
( Military Aviation Museum
Modification of Conditions
l34l Princess Anne Road
District 7
Princess Anne
November 12, 2008
REGULAR
Donald Horsley: Our next item to be heard is item 8, Military Aviation Museum. It's an
application for Modification of Conditions of a request approved by City Council on January
9,2007. The property is located at 134l Princess Anne Road, District 7, Princess Anne.
Janice Anderson: We're just going to take a short break.
RETURN FROM BREAK
Donald Horsley: We've already called the application.
Eddie Bourdon: Eddie Bourdon, a Virginia Beach attorney representing the Military
Aviation Museum on this application to modify the existing Conditional Use Permit for the
museum. The Military Aviation Museum, a Use Permit that was approved by City Council
( close to two years on January of2007. My client is the tenant of the Virginia Beach Airport
property, actually two properties. I apologize for the confusion. The two properties
combined contain over 100 acres of land. The more significant acreage is in the property.
This is an application that is part of it; so, it's over 80 acres ofland, but the area that is the
subject of the Use Permit for the museum is actually 25 acres ofland. The entire property as
a whole is well over lOO acres in two pieces of property. And, I also want to quickly put on
the record, and make it very clear, that Mr. Yagen, my client will be at the museum this
Saturday, this Saturday, November l5 at 2:00 o'clock in the afternoon. He will host anyone
that would like to come to the museum, and hasn't been there already, give a tour of it and
more importantly, to discuss this application and answer any questions or endeavor ~o answer
any questions that anyone may have. That is this Saturday at 2:00 o'clock. Secondly, next
Tuesday evening, in case Saturday is not a good time, Mr. Yagen will be at the museum at
7:00 pm. That is Tuesday, November 18, again to host anyone who wishes to come and look
at the plans, and to discuss any questions they may have. My client has contacted,
communicated, and tried to meet all of his surrounding property owners concerning this
application for a modification to the prior Use Permit for the museum. The museum, I think
in a lot of people's estimation, is a real jewel to our city. The museum is something that the
City can take great pride in, because we attempted, and he is attempting, to establish
something that will preserve our heritage. The heritage of aviation in our city, and it is well
received. Our region is very rich in that history. First fight was in Kitty Hawk, North
Carolina. Now, we have jets that crisscross our skies. They are much of our everyday life.
But, during the early part of the last century, we had planned in site, and Mr. Yagen has
(. collected flying in our county at that time. There were auxiliary military fields at Creeds,
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Pungo, and Fort Story, and Oceana. Now Oceana has turned into something much more
significant than that, but the heritage down south creates at Pungo a more. We did have these
types of planes flying out of those air fields down there. And, while our country has saved a
lot of these types of planes at the Smithsonian, and a couple of other museums, they are all
static. They're static exhibits. He has spent a tremendous amount of time, effort and money
locating these types of historic military prop planes, and maintaining them and restoring them
so they can actually fly. We in Virginia Beach are truly blessed to have someone like Jerry
Yagen who has been collecting these premier group of aircraft from an important era in our
country's history. This is all being done by private funds. No public funds. It is a major,
major collection that he has restored back to their early condition. The airport itself, history,
a Use Permit was granted, your staff noted that in their write-up, in 1969 and again in 1970
for a very large airport with a lot of amenities. In essence though what developed on the
property was a very limited use airport with a grass runway. The property, by right, has the
ability to operate a grass runway airport with the existing hanger. It can be operated as a
general aviation ailrport if the owner so chose. By general aviation, that is, anyone can fly in
and out of it. We can rent space in the hanger, etc. As what is there on the site, that is what
is allowed for the Use Permit for the airport. But two years ago, Military Aviation Museum,
when they applied for and was granted their Use Permit for a museum, they then obtained
this piece of property, the entirety of the property, from Virginia Beach Airport, L.L.C., and
have turned this property into a museum. And, for the life of the museum, has the effect of
precluding this airport from being used as a general aviation airport. Mr. Yagen has made it
very clear that he would not seek City Council approval to modify the airport Use Permit to
ever pave the runway. It will remain an existing grass runway. That seems to be what a lot
of the concerns have been expressed are. The proposal today is to construct and to
reconstruct some historical buildings, one being a British tower. It's an interesting tower.
It's a two story small little building circa, I believe it was 1939, that Mr. Yagcn has
purchased. It was disassembled and shipped here, as well as a hanger that is being acquired
from, Germany, a. "Cottbus" hanger that again, at considerable expense, has been
disassembled, brought over here, and will be reassembled on the property. And there is a
maintenance building, as well as basic service building for equipment. There is a WWI
Hanger that we will construct, and that is the elevation of that hanger. It is a replica of what
we couldn't find and by reconstructing some of it, it will be a replica. All of those buildings
will be more than a ~ mile back from Princess Anne Road. I would suggest they would offer
almost no visibility of those buildings. They are behind a stand of trees that block their view
from drivers that are on Jarvis Road. All ofthose buildings will only be used as a part of the
museum. They ha.ve no aversion to a condition that they can't at any point in time ever be
used for any purpose other than that of a museum. They will not be planes that will be stored
in these hangers olther than those of the museum nor will there be any work done on any
planes that are not part of Mr. Yagen's collection or are part of this museum. This is not an
effort in any way to create any additional air traffic from third parties coming into or out of
the private airport, That is what this property currently is, and that is a private airport. It has
been a very well n:ceived amenity in our city. There have been a significant number of
people who have visited and are very, very pleased. I know you have a number ofletters of
support. They just started communicating with our patrons. We got a copy of everybody. It
is just a summary of the public events that are being held at the museum just to give you a
little flavor of what goes on. There should be more than enough for everybody. The
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conditions ofthe original application limiting the hours of operation from 9:00 a.m. to 5:00
p.m. are okay. We're not asking any change to that. Also, there should be no outdoor
amplified music or sound that is audible at the property line associated with the museum or
any special event. We have abided by these conditions. The conditions that have been
suggested by your staff are all acceptable to my client. In addition to that, we have no
problem with planting some additional trees on the northern boundary. All of these buildings
cannot be seen from the property on Jarvis Road. The existing hanger can, and at least there
has been some expression or desire to have that blocked by additional trees. So, on the site
plan, my client has no aversion to planting some additional trees. That is in addition to the
trees that your staff has recommended along the area of Princess Anne Road. But we would
also plant trees here in this area along our northern boundary. These buildings, because they
are not really visible, but ifthere is concern about seeing these buildings, that is fine, we'll
plant some more trees. We do not have lighting. A lot of you may know there are not a
bunch oflights that are lit up at night. I think that it was suggested. I saw copies of the letter.
I don't know where that thing originated. It is not a night flight. There is no lighting ofthe
runway or anything like that which is taking place at night on this piece of property. With
that, I'll be happy to answer any questions that any of you may have in regard to the contents
of this application of what it is and what it is not.
Janice Anderson: Are there any questions ofMr. Bourdon at this point?
Donald Horsley: Mr. Bourdon, I just want to make it clear. All of these buildings, and that
is what this Use Permit is, the addition of these five buildings.
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Eddie Bourdon: That is correct.
Donald Horsley: Are part of the museum expansion? They are related to the museum and
not anything else.
Eddie Bourdon: You understand correctly. You may add a condition that it is clearly and
inequitably that it can possibly be stated. They are only to be used, and only can be used, as
part of the museum. They are not for the use of any third parties and not to house planes.
They will not service planes for some individual who lives close by and wants to keep his
plane there on the property. That is absolutely not the intent. That is clearly something that
we have no aversion to being included as a condition. It is just for the museum, all of these
buildings.
Donald Horsley: What I was aiming for, and before you sit down and you hear from the
opposition, do you have a feel for what is a build out of this piece of property? Are we
looking at this happening again in three or four years, an expansion like this? Can you
address that?
Eddie Bourdon: Mr. Yagen has a collection I believe is around 40 ofthese vintage planes.
And, these facilities will allow them to house about 35 planes. There are also other things
there, other than planes, there. So, if you move some of the other exhibits out, you can
~ actually get more than 35 planes, but to keep the tenor of the museum, roughly 35 planes is
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what we anticipat1e that this will accommodate. The thing is conceivable though, I believe
fairly unlikely that other planes that are operational could be located and enough planes were,
and the feeling was that it would be an asset. It is not unconceivable at some point in the
future that there might be a request for additional space for some additional planes. It is not
the intent, but for lOO some acres, and if it continues to be well received, and he is able to
find additional assets that would be an asset to the museum, he might ask. But again, like
everything else out here, nothing happens without Planning Commission and City Council
approving it. We (;an't build anything without those approvals. So, the question is that it
could happen, but then again, it is possible. We don't have any current intent that will
happen, but if some great opportunity were to present itself that would be reviewed by Mr.
Yagen, and ultima.tely, it would have be reviewed by the City that it was an opportunity that
the City wished to help avail itself of by allowing additional building, but he has to ask for
permission. He c,m't build it. That is the key element. This Planning Commission and City
Cou~cil couldn't tie future City Council hands if! told you here and said, "no we don't
expect to ever come back", and at this point, that would be the answer. We can't say "no we
can't come back". Jerry is absolutely telling you that he won't request to pave that runway.
As long as that runway remains a grass runway, they will only have prop planes flying in and
out of there. The simple reality is that that's going to fly in and out of there are his museum
collection, propeller driven aircraft.
Donald Horsley: Okay.
Janice Anderson: Dave.
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David Redmond: Can we go back a slide here and look at the inset? There you go? So, that
is the new parking at the bottom right?
Eddie Bourdon: That is.
David Redmond: I'm ashamed to say that I have never been there. So, tell me a little bit on
how this works. V{here do you enter? And how does it relate to the parking? I know it has a
concession stand. Where do I come and go in?
Eddie Bourdon: You come in at the entrance off of Princess Anne Road. This is the
museum. This is the hanger that exists and the area outside the hanger for planes to be
displayed. This is where you go today. This is the extent of where you visit today. The
proposal is an extension of the driveway back to this area, which is well away from Princess
Anne Road and of little visibility of these buildings are buildings are more utilitarian. They
certainly don't stand out. There are a lot of folks that think the hanger is absolutely beautiful,
but it is different in its architecture than what you may see elsewhere in the county. By
contrast, these buildings are not particularly different architecturally than some of them you
see throughout the county, or southern part of the city I should say. But that is where you
are.
David Redmond: Thank you.
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Janice Anderson: Go ahead.
Henry Livas: You spoke that the new hanger will house 14 planes. Is that in addition to the
planes that are already out there?
Eddie Bourdon: Mr. Livas, I'm sorry.
Henry Livas: It will house l4 planes. The hanger houses l4 planes.
Eddie Bourdon: There are actually two buildings that have the capacity for additional planes
and they will be planes that are in addition to those that are currently there.
Henry Livas: Okay. That is all I wanted to know.
Eddie Bourdon: There is the Cottbus hanger, which will be reconstructed, and then there is
the WWI replica hanger. So there are two buildings that we're proposing that are hangers.
Janice Anderson: Okay. Dave has a question.
David Redmond: I don't want to get too far. What is a Cottbus hanger? Is it just a historical
term?
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Eddie Bourdon:' Yes. I think it is a region in Germany where it was located is the answer to
that question.
Janice Anderson: Gene?
Eugene Crabtree: Mr. Bourdon, approximately how many guests has he accommodated this
past year during tourist season? I know a lot of people go out there. And second question,
approximately how many people has he accommodated this past year that have been out
there, and with this addition what is his expectation for his guest list to increase?
Eddie Bourdon: Excuse me a minute and I'll be happy to answer that.
Eugene Crabtree: Sorry.
Eddie Bourdon: Mr. Crabtree, Mr. Yagen has indicated that over the past summer months,
the good weather months, there have been between 7,000 to 8,000 visitors to the museum
this year. There is an expectation with or without these additional building, because this has
only been in place for less than two years, and there is a great deal marketing, if you will,
word of mouth, going out about it, and we expect that it will probably increase say 5 percent,
plus or minus, the course of the next few years just as it becomes more known that this jewel
is here.
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Eugene Crabtree: The reason why I asked is I want it to go on record with this to show the
importance ofthis to the tourism business of Virginia Beach, which we are all interested in,
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and everyone is interested in the tourism. I asked that to show how it will enhance the
tourism.
Eddie Bourdon: Our tOUlism development business there. This is a significant part of the
entire puzzle, if you will that we have, and there is a lot of effort that this City has undertaken
as far to benchmark, if you will, to bring military groups and military retirement groups, to
the Convention Center, which one of hotels or whatever, this is not some one where they
spent the entire time they're here, but it is a jewel that a tremendous amount of compliments
have been provided to Jerry and to the City for having something of this magnitude here.
Eugene Crabtree: It is definitely nice and appropriate for visitation.
Eddie Bourdon: It clearly is. It does add to our venue of places of people enjoy going to see.
Janice Anderson: Are there any other questions?
Eddie Bourdon: Thank you.
Donald Horsley: Our first speaker is Jane Cullipher.
Janice Anderson: Welcome ma'am. Please state your name.
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Jane Cullipher: My name: is Jane Cullipher. Madam Chair, Commissioners, I was looking
over the application, and I have several concerns to do with disclosure, licensing, and
retention. So, I kind of bullet pointed this and not take too much of your time. On the
disclosure and the modification ofthe conditions application! you're suppose to list parent
subsidiary relationship aftiliated or affiliated business entity relationships. This means that if
he has control between entities, he is supposed to list it there. And on there he did list that he
is the President of the Military Aviation Museum and he is a member of the Virginia Beach
Airport, L.L.c. However, according to the SCC and its own websites, he is also President
and registered agent for the "s" Corporation Training Services, Inc." This trades as Aviation
Institute of Maintenance and Fire Factory. It owns both those. Also, he is the Chief
Executive of Employment Services which trades as Tidewater Tech. These are related
business which should have been recorded. According to the Virginia Beach Airport website
there are three separate businesses at 134l Princess Anne. They are Virginia Beach Airport,
Fire Factory and Military Aviation Museum. Aviation Institute of Maintenance is located at
4455 South Boulevard. The relevance will become clear. Military Aviation Museum is the
non-profit organization we have. We have all these companies. According to a 2002 Forbes
article, this Virginia native collects airplanes at Suffolk Airport and started collecting them
purposely as a way to lure people into aviation maintenance program at one of his fourteen
Tidewater Tech schools. A third of his students take courses related to aviation. The current
plan lists the acrea.ge as 22 acres. I believe there is another GPI for that, which is also billed
to 4455 South Boulevard. His school is going to reassemble planes that are being built at
eight locations across the country. It's on the AM dot com website. You can look it up
yourself. It is a contest. The winning school, and eight of them are participating, one school
gets a $100,000 award for the best plane. They get to use that as rash acquisition. Those
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planes have been worked on since February 2007. For I think he has different intentions than
what you see. I'm almost concerned about the plan in the report. You gave it on 88 acres.
Now they're working on 22 acres. One, the first one, the GPIN are the same, but there are
two different GPINs. I'm not sure they are really being looked at here. I thank you for your
time and I wish you would look into this further. This is too harsh for a neighborhood, and I
don't think he is being quite honest with you.
Janice Anderson: Are there any questions for Ms. Cullipher?
Jane Cullipher: I have SCC printouts. I got copy of the website. I got a copy ofthe
application.
Janice Anderson: I think I will ask Ms. Wilson. When an applicant comes, they just list their
affiliates that they are a member of a board or another corporation, they don't have to list
anything is relevant to the application? Is that correct?
Kay Wilson: A lot of times we will look at it exactly because it has to do with how many
shares you own and things of that nature. I don't have that kind of information.
Jane Cullipher: It does say exactly how you are supposed to consider it. And if you are
control in one end or the other, you are supposed to go ahead and disclose that.
Janice Anderson: Okay. Thank you.
(
Donald Horsley: Ms. Wilson, would you like to look at those papers?
Kay Wilson: I'm not sure I can do that in the 10 to 15 minutes time to make a decision.
Jane Cullipher: It's on the application.
Janice Anderson: Mr. Bernas has a question for you.
Jay Bernas: Hi. How are you?
Jane Cullipher: Good.
Jay Bernas: Just to boil down that you're just saying the proposed development is just too
big.
Jane Cullipher: I don't think the city has any idea what his plans are. Considering he hasn't
asked you about putting eight more planes there. He hasn't told you he owns an aviation
maintenance school. He has told you a lot ofthings that go on there. Nobody is policing
these planes. Does anyone know whether they are flying less than 500 feet? You sit on our
porch and you look up occasionally, you can see a really good shot, an undershot of a plane.
I don't think the City has the current legislation or the current knowledge in working with an
airport to know how to handle this. Right around the comer from us we have another issue
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that is going on and has been for three years. It is still unresolved. I wish you all would stop
and consider who you're dealing with, because I don't think he has been very honest about it.
Janice Anderson: Are there any more questions for Ms. Cullipher? Dave?
David Redmond: Ms. Cullipher, you're sort of suggesting that he has some sort of ulterior
motive with this.
Jane Cullipher: No. It is not ulterior. He put it right on the website. He is going to build
airplanes and bring them here. He is going to build airplanes and bring them here. It is
getting big. It is already big.
David Redmond: I'm not sure what the relevance of what kind of schools or anything else he
runs is. What is that?
Jane Cullipher: Irs a WVlI project that is listed on his website. Basically, eight schools are
in competition to build a plane. Eight schools will test those planes where the cities are
located. They are located in Cincinnati, Atlanta and Chesapeake is one of them. There are
eight. They're teams. They have been working since February 2007 on these planes,
building them from scratch. They are going to fly them there. They disassemble them,
reassemble them in Virginia Beach. It specifically states that they are going to bring them
here and reassemble them across the street from us basically in his new five buildings that he
needs. And then, I guess hopefully it will fly. !fit doesn't fly, it might be my house that goes
( up or maybe it will be the Vaughans' or maybe they can get to Barrys'.
David Redmond: Okay. Thank you.
Jane Cullipher: Thank you.
Janice Anderson: Are there any further questions? Okay. Thank you.
Jane Cullipher: Thank you.
Donald Horsley: Okay. Our next speaker is Louis Cullipher.
Janice Anderson: Welcome Mr. Cullipher. Please state your name.
Louis Cullipher: Madam Chair, my name is Louis Cullipher. My wife and I reside at 1449
Princess Anne Road, which is approximately % of a mile north of this site. My wife is in the
audience today. We've heard a lot of testimony about going the generosity of the applicant.
Some of that is true. However, the issue today is land use and I oppose this application for
the following reasons. According to the staff write-up, the Comprehensive Plans recognizes
this area as agricultural and rural with relative uses to agriculture and forestry, and residential
and other rural compatible uses. This application is none of these. Five additional large
structures is not consistent with the Comprehensive Plan. The surrounding property owners
t,_~ will negatively impact this application is approved. Most, ifnot all airports, are located in
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ind~strial areas. In fact, on Article 10 it says that airports here in our city will be an I-lor I-
( 2, and also, any type ofindustriallocational workshops are also appropriate for I- 1 and 1-2.
Safety is a factor. The grass landing strip is less than 50 feet from Princess Anne Road on
the east and less than 50 feet on Vaughan Road on the western side. An early touchdown or a
late landing will certainly end up in the city highway. This summer there was an accident
within just a few feet of Princess Anne Road. Historical airport is a highly regulation and
this one is not regulated. There are about five restrictions which are very minimal in my
opinion. The number of employees? The operating hours? Signs leaving the premises and
in this application they added landscaping and the Health Department has to review the plan.
Many of the reciprocating type aircraft fly over on the other side almost daily. This morning
is a good example. Where they going? Where are they hiding? Do they plan to land here
one day? What is the relationship between these aircraft and the airfield. There are many
components or affiliated businesses associated this as a museum, as an airport, as office, as
food service, there is entertainment and education, which are profit and which are non-profit.
How many aircraft are there going to be? The write-ups says, there are going to be 17 WWI
types that will be restored and sent back. It is also three hours. There is one in Virginia, one
in Australia, and one in New Zealand. There are l4 WWI, which is a total of 17. It is a large
number including the ones that are already there. Do all the pilots have up to date
credentials? Who is checking on this? The write-up indicates that these structures will
resemble foreign structures. The existing brightly colored two toned checkerboard water
tower does not look like a foreign structure. If you want to get an impact, drive down to
Gum Bridge Road at intersection of Princess Anne Road and are just overwhelmed by that
multi-colored water tower. Right now there are no cultural features on the site, but according
to the 50 Most Historical Significant Structures in Virginia Beach, there is one structure
located about % of a mile northeast of this property. This last site was used for an airport. It
was used for seasonal spray planes; The only infrastructure was one fuel tank So; this is
quite a change. I hope you understand while the neighboring property owners are so what
concerned this last change. For these and other reasons you have heard our request that you
deny this application. I'll be glad to respond to any questions.
Janice Anderson: Thank you sir. Are there any questions for Mr. Cullipher? Not at this
time. Thank you sir.
Louis Cullipher: Thank you Madam Chairman.
Donald Horsley: Our next speaker is Douglas Munden.
Janice Anderson: Welcome sir. Please state your name.
Douglas Munden: How are you? I'm Douglas Munden. Ms. Anderson and Commission
members, I own the farm just north ofthe runway. I'm overcoming a sinus infection so
excuse me. I've got mixed feelings. All of my property is right next to him. It is already
impacted my property. I don't think for the better. It can't help it with the noise. And, I
have no idea what he is going to put on there in the future. And at the same time 1 would
hate to keep the person from using his property the way he wants to and the City Council has
l, allowed him to build a pretty large hanger, put up a water tower, widen the runway without
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the public's input at all. It is my understanding it was done in the courtroom. It was suppose
to come up before the Planning Commission and that it was dropped. It went into court, I
believe. And, so we haven't had a chance to voice our opinion on those intrusive buildings.
At the same time, [ hate to and snow that he has permission to do it. I hate to be the one from
preventing him from finishing what he started. I'm really concerned with the shop area and
the noise that will come, and the proximity to my property line. My property is very high,
and I think it has a little potential, and it certainly will be for development for residential any
time soon because of this noise. It may be commercial in the future. He's had a tremendous
impact on our community. And as I said, the community wasn't even aware of it. It went to
a courtroom, and they decided that, and I was never given my opinion. The City didn't even
ask. So, I'm just concerned and again, I have mixed feelings. I don't want to hurt him. The
cat is out of the bag you might say because he has already gotten a good portion of it done,
and there is nothing that can be done. You are not going to get Pungo back the way it was.
He's gotten most of it, and I don't want to be a stumbling block to keep him from having the
rest of it. But, I think: we need to sit down and have maybe have some agreement, some
restrictions, proximity, the noise and just what he is going to do, and the air traffic as well.
Janice Anderson: Thank you. Mr. Munden, Mr. Bourdon at the very beginning mentioned
two dates. Are you going to be able to meet with Mr. Yagen at those times on either
Saturday or Tuesday?
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Douglas Munden: I drive tractor trailer so I don't know when they will call me. If they say
leave, I leave. But my brother-in-law, Doug Grant will look into it for me or my sister.
Janice Anderson: 'Well, make sure that somebody gets in touch with you. The noise, is that
from the airplanes flying? Is that what the noise you're talking about? What noise does
generate from the planes?
Douglas Munden: Yes. Banner pilots? They have legal mufflers, but they are not standard.
They taken offthe standard mufflers and put something that is legal. I'm not saying that it is
not illegal, but it is loud.
Janice Anderson: These are the banner planes?
Douglas Munden: Banner pilots. Yes.
Janice Anderson: Okay.
Douglas Munden: And the large airplanes are noisy. They are circling over my property.
And, it can't get any better. It's got to get worse without some restrictions.
Janice Anderson: The restrictions are they are limited when they can use the runway field. I
think it is 5:00 or dusk during the summer. It's noise during the day that you're referring to?
Douglas Munden: It's when people are outside. They are not outside at night with the
( mosquitoes. It is just noisy.
Janice Anderson: Okay. What other conditions could you think you could tell us that might
help with the noise or with the view? I think they talked about putting a tree line on the
property. I think it is on your side
Donald Horsley: Do you want to take that marker there Douglas and show them where your
property line is?
Douglas Munden: Don, I'm not good.
Donald Horsley: Show them your property line.
Douglas Munden: There is my barn. I live at the end right there (pointing to PowerPoint).
That is my property all along there. It was blocked by the woods but it has nothing to do
with it. I could clear the woods tomorrow, and then, the woods wouldn't be there. And this
woods as well. So, I'm concerned with it being and how close he is going to build to my
property line, and the noise and everything. I like the idea of the buffer and appreciate him
doing that. He was supposed to do it anyway but the agreement with Atlantic Airport. It was
first approved in the late 60s. It was suppose, to have a buffer, but when he went to court,
they did away with a lot of the agreements, I think, and just started over without the public's
knowledge or input.
Janice Anderson: Any questions? Yes. Dave?
( David Redmond: Where is your house on that piece of property Mr. Munden? I hope you
feel better by the way.
Douglas Munden: Thank you.
David Redmond: Right there. (Pointing at PowerPoint).
Douglas Munden: Then they take off to go to the east and they cut right across. It is a lot
better than what it was, because I sued Atlantic Airport, in 1991, because they had seven
aircraft at one time. And they were just flying over my property, over my house and
dropping their hooks they used for picking up banners. They were dropping right in the field
right next to the house and things like that. It is a lot better in one way.
David Redmond: How much land do you have there? How many acres about?
Douglas Munden: I own 140.
David Redmond: Out of the l40 is that being farmed now currently?
Douglas Munden: Yes.
Douglas Munden: You say you drive a tractor trailer, so you lease it to someone who fanns
C it?
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Douglas Munden: Yes.
David Redmond: Okay. Thank you.
Janice Anderson: Okay. Go ahead Don.
Donald Horsley: Douglas, the noise that you're talking about is that coming from old banner
planes or the old war planes?
Douglas Munden: Both.
Donald Horsley: You mentioned the banner planes. I imagine they are pretty loud.
Douglas Munden: They are loud and they're not serving the community and neither is the
museum. It is of no advantage to us whatsoever, whether it is a tourist advantage or not, it is
not helping us. It is not doing any service to us whatsoever to what we have to put up with
all the noise and inconvenience. Again, he's come this far. I'm not trying to throw a wrench
in the whole works. He's already got it. It's legal. There is nothing we can do about it. It's
a bad situation, and the City created it as far as I'm concerned.
Barry Knight: Douglas, show everyone here where your mama and Doug live? Do they
have some farm land associated with that land where they live also?
( Douglas Munden: My mother lives here (pointing to PowerPoint). This is her farm. My
sister has this. Shl~ also owns some land over here. I'm real concerned about how far he is
going to be to these woods.
Janice Anderson: Okay Mr. Munden. When he comes back up we'll have him address that
directly. Thank you sir.
Douglas Munden: Thank you.
Donald Horsley: He's taken a lot of notes. He'll address that I'm sure. Alright. Our next
speaker is Nick M,eiszer.
Nick Meiszer: Madam Chairman, gentlemen of the Commission. Good afternoon. Thank
you for the privilege of being able to address you on this important issue. I'm in rather a
unique position. I'm not here to speak in favor of this and I'm not here to oppose it. I'm
here to defend your Comprehensive Plan. It's been described as a jewel and a wonderful
amenity addition. I don't dispute that but it's in the wrong location. It was put in an
agricultural zone. That is not where you put a major tourist attraction, but it is there. The
issue now is how much bigger does it get? Does it keep getting bigger? Do we add more
and more and mon~? Everything we add to this tourist attraction reduces the agricultural
area. We can't expand tourism without reducing agriculture. That is what it is and that is
what is being taken away. Now, I have several issues that I'm concerned about. I'm not
(__ going to go into great detail. I'll keep this brief, but I want you to think about the issues.
(
Storm drainage is a major issue. The new buildings, the five new buildings will add 50,000
square feet of impervious surface to be drained, and the concrete pads around those 50,000
square feet will add 50,000 more square feet. They talk about that they won't pave the
runway. Well, the U.S. Air Force built runways all over the Pacific without paving a single
foot. They used metal strips. You probably have seen pictures of them because they hook
them together, and they're authentic historic runway with a hard surface, but they're not
paved. If that is going to stay a grass runway, it has to stay a grass runway and not have solid
paving. In addition to that, buffers were mentioned; If you look at the buildings that are
proposed, they are not very attractive. In fact, ifthere was a prize for ugly, they win. Storm
drainage is extremely important. The runoff is geared to the west and what actually happens
is that it goes to the east. It comes down Princess Anne Road frontage. I'm getting mixed up
in my directions. The drainage is supposed to go towards Back Bay and Nanny's Creek, but
it actually goes the opposite direction. It goes towards the West Neck River. There are
several items on the staff report which mentions development below the Green Line, the
implementation of a Transition Area and the retention of the rural appearance of the southern
part of the city. This is way beyond what one would expect in a rural area. It is hundred of
thousands of feet of construction and pavement. What I'm asking for that you allow us some
time to further explore these consequences and consider the right-of-way along Princess
Anne Road. The staff report says the right-of-way is 80 feet. The width of the right-of-way
is 80 and they want 100 feet. Why not impose that as a condition on this development-
expand the Princess Anne right-of-way from 80 to lOO across the front ifthat is what you
ultimately want. Why not get it now instead of putting it off for the future. I identified seven
items in this staff report that I could take one by one and talk about everything. There shall
be no outdoor amplified sound audible from the boundary of the museum. The special events
there, the car shows, the boat shows, the air shows, the parties, the wedding receptions and
the uses that are conducted there really have very little to do with the museum or air museum.
They have to do with all types of social activities. In addition to that, the Comprehensive
Plan indicates that the rural area should be expanded. It's an area oflow flood plain and
should encourage agriculture, farming, forestry, rural residential and other rural uses. Two of
the buildings, 30,000 square feet, are maintenance buildings. Aircraft are going to be
disassembled and reassembled. They are machine shops. It is not a museum. It is a
temporary metal building, two of them with 30,000 square feet each, and what they are is
repair shops. They are maintenance shops. They are storage buildings. If given enough time,
and we could get an extension here, maybe we could work out a compromise that would
pennit the truly historic buildings and relocate the maintenance building somewhere else.
There are a lot of issues that have been addressed. I would like to request, to give the
concerned citizens around the area time to meet with the applicant and resolve some of the
issues. Their problems are not insoluble, but they need to be considered. We have had no
opportunity to do that. Simply meeting with the applicant is not the answer. We have to
meet with the decision makers, the people who are going to make the decisions about what is
appropriate and proper. No one is disputing what is there. What's there is there. The
question I like to know is how big this is going to get? What is Phase III going to get? The
applicant is trying to buy additional real estate right now. He is trying to buy old WWII
barracks to reassemble there. These five buildings are just step 2. What is step 3?
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Janice Anderson: Thank you sir. Are there any questions for Mr. Meiszer at this time?
Donald Horsley: The only question that I would have would be is Mr. Bourdon gave two
times that Mr. Yagen would entertain people to come. Is either one of those times meet your
schedule?
Nick Meiszer: They will only meet with success ifhe knows there is no decision to be made
here and it has been tabled until we meet with him. What's the point of meeting with him
after you vote on this?
Donald Horsley: The ultimate decision comes down to City Council.
Nick Meiszer: I'm aware of that, but still, your recommendation is extremely important.
And, you have all expressed concern. This is a major tourist attraction. I think this is going
to be the biggest tourist attraction since the Marine Science Museum up on General Booth.
And you talk about expansion? If it lives up to its expectations, how about a restaurant? I
see my property as being a nice big motel for the visitors to stay in.
Janice Anderson: The restaurant and hotel is not up there today.
Nick Meiszer: It's the future. We're concerned about the future. He has probably got that in
mind.
Janice Anderson: Anything could change would have to come back here.
( Nick Meiszer: Sure it would, and you could grant it.
Janice Anderson: That's tme.
Nick Meiszer: That is what this is here for so you can grant him a change. The option is
don't grant it or at least postpone it until we have a chance to iron out reasonable limitations.
There has to be some limits.
Janice Anderson: Thank you.
Nick Meiszer: Reasonable limits are what I'm asking for. Thank you.
Janice Anderson: Thank you sir. Are there any further questions for Mr. Meiszer? Thank
you.
Donald Horsley: Michael Cullipher.
Janice Anderson: Welcome sir. Please state your name.
Michael Cullipher: Thank you. Michael Cullipher. I'm at 2088 Jarvis Road. Madam Chair
and members of Planning Commission?
~._ . Donald Horsley: Mike, do you want to show them where you live?
Michael Cullipher: I live on third house on Jarvis Road (pointing to PowerPoint). I get a
front row seat everyday when I see the hanger museum and the checkerboard water tower. I
understand that the water tower is there for fire suppression, but it didn't have to be in the
form of a water tower, but like Douglas Munden mentioned that we are certainly aware that it
has a history of air strip. A Conditional Use was in place in 1969 or 70 like Mr. Bourdon.
Weare aware of that and the uses that were allowed at that point. As I understand it, that
Conditional Use Permit, I think had 15 smaller hangers on it or approved for that. They were
never built or put in place. That was the existing use. I'll try to be as brief and complex as I
can. As stated earlier, some of our concerns are the first scope of what's going on there now
versus what was originally proposed. When the hanger museum was built it was touted to
the community as a hanger for a private collection of vintage aircraft. And, don't get me
wrong. I appreciate vintage aircraft and appreciate the military and especially what the Navy
and Marines mean to this area. But, the airstrip at Creeds and the airstrip at Pungo were
during the times of war and national security. This has nothing to do with national security
or defense of our country. This is a private collection, a private museum that has turned into
a public entity or turned into a public venue; so, therefore the scope of the activity has
changed. One of the original conditions proposed that it would be limited to 40 flights per
week. In discussion with the applicant and his attorney, there words to me were "we decided
that wasn't a good idea". Well of course it is not a good idea. The applicant in discussion in
our conversations said I don't like restrictions. Please don't restrict my activities on this site.
And while I can appreciate sometimes we all feel over regulated and over restricted that as
the last speaker just said, right now, there are no limitations on a number of fights. The
activities associated with these five buildings, as my wife said earlier, and I think it may have
gotten lost in the message. One ofthese buildings, and I'm not sure which one, will be used
~s maintenance reassembling point for the WWI planes. There are 8 schools around the
nation that have a "class project" if you will, or gathering or collection wwr planes,
assembling them. They will be disassembled, transported to, these comments are based on
the website available, they will be transported to this site, reassembled, proving to be air
worthy or not, and then stored here so that future students can see what they can take part of,
what they can be part of what their class project will be. I'm not sure exactly how that
dovetails into a museum, a public venue. Maybe these planes will be put on display, but the
reassembling the air testing of these planes. I don't see how those activities coincide with the
museum. And that the planes will be left on display for future students to look at and
observe. To me, it means it will be an ongoing process. It is not a one time annual or once in
a life time thing. It will be an ongoing project. As far as the activities that were mentioned
according to his website, it is open for weddings, birthdays, fund raisers, political gatherings,
and have been used as such. And, other good causes have events there. But recently, the
applicant has hired a director and a venue coordinator. And as Mr. Crabtree said earlier, this
is becoming a major tourist attraction. And certainly everyone wants their business to grow
and thrive, and I can appreciate that, but the seeing and location of what this museum/airstrip
has turned into is quickly losing its compatibility. It was referenced earlier, there is a zoning
issue, if you will, on West Neck Road that the issues brought about by the community were
traffic, size of gatherings, and a number of gatherings. As you all are certainly well aware,
the southern part of the Virginia Beach has a tremendous amount of horses and stables. Each
barn, if you will, barn or stable, each facility is limited to six events a year, and it is well
( noted in the Comprehensive Plan that equestrian activities fit very nicely and does fit in with
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production and agriculture. And, where as when I called the City Manager's Office, I called
Councilwoman Henley in the early part of the summer to express the number of flights. Her
response was that the City has no control or authority to enforce any type of regulations as it
exists today. That I should refer these comments to the City Manager's Office, and I called
Mr. Spore's office. My written response was we have no authority to control what he does
there regarding flights, the number of flights and how the planes are flying. You should
contact the owner and maybe he can appease or address your concerns. And, I don't deal
with government ordinances or regulations every day, but I don't know of any other activities
in the city or any Jiocality especially one of this size that is not regulated. Currently, there are
no restrictions on the number of flights. The museum has the hours of operation as 9:00 to
5 :00, except for special events. Where as noted in the special events or the venue part of the
website, if you're willing to pay, any venue can have an air show. It can have planes flying.
Like I said, you can have a mini air show with any special event. And, I know in talking
with the applicant's attorney, you can't cover all bases, and I realize you can't foresee in the
future as they stated to me as to what opportunities might exist. It is not beyond the realm of
possibility that a 12 year old boy's birthday party can have a mini air show if someone was
willing to pay for it. And so we're asking for, as was stated before what's there, we don't
particularly care f(Jr but it is there. I won't say it was gotten underhandedly, but it wasn't up
for public comment or public exposure. If you go through the court system to get it, it didn't
allow for public comment like we have an opportunity now. We're asking for limits of hours
of operation. And, like I pointed out, my house, we have a front row view of the hanger and
that water tower. And, it doesn't happen every day, but on many occasions, they fly at 6:00,
6:30 and 7:00 in the morning. There are no special events of those hours I know of, but they
do take off and leave and they circle over our house. I'm sure they're performing some type
of testing or checking out something, but I realize this is not Oceana. This is not a
neighborhood like that was mentioned earlier cases in Mayberry but this is a rural residential
area. I've lived in that house for l6 years. Based on the Comprehensive Plan and the City's
track record, if you will, for issuing permits, restricting people's activities, hours of
operation, what have you, I think it is reasonable to expect a limit on the number of flights
per week and to have a better understanding of what these buildings will be used for in
regards to these schools and technical classes, and the ongoing capability of those buildings
and a reasonable limit on the number of events and the size of events. The only concessions
that I've heard off(~red by the applicant is to do some screening along the hanger but it will
take a heck of a bush or a shrub to hide that hanger and that water tower. I can tell you that.
And, make it a limit to large events to one or two per year. The definition, in their words, of
a large event was 1,500 to 2,000 people. That is pretty good size event. And so, like I said is
what's there is there. We're not crazy about it. We've learned to live with it. But the
expansion, I think has certainly changed the scope of what was originally approved, and I
don't think at all unreasonable to ask for some limitations on these activities, and to have a
better handle on what these buildings would be used for. I'll be glad to answer any questions
that you all have.
Janice Anderson: Thank you. Are there any questions? Go ahead Barry.
Barry Knight: Mike, on these flights you talk about early in the morning and everything, I
C remember back in :the whole summer, just like you do, just at the crack of dawn, you know
you hear these prop planes coming by and everything, and I asked questions about it.
Because I hear some concerns in the neighborhood and they said there were some training
officers at Oceana that started at the crack of dawn and were going somewhere. I don't know
whether it is South Carolina but they were going back and forth, so I didn't know if they
were flights that you thought originated right there at Virginia Beach Airport or if they were
those noisy flights that originate at Oceana because they were flying low, and they were the
old WWII planes. I think it is a B-52 or something, because there were 3 or 4 trips a day
everyday.
(
Michael Cullipher: You can see the difference, and like you and Don, we start at 5:30 in the
morning and we work until after dark. And, those training flights you see are mostly flying
north and south and they are at a much higher altitude. I can watch and see from my house
or our farm market, which is at l444 Princess Anne Road, just north of there, you can see
these planes taxiing and taking off. I'm like Mr. Crabtree on what the property terminology
is. I don't know if you call them "touch and goes" or not, but they do buzz the field quite
regularly and at multiple times. I know the, I think and I can't remember the exact name of
the charity but the large venue they had in October with the Charlie Daniel's Band, and I
know it was an exception with the number of people. But we were planting strawberries on
Princess Anne Road that afternoon and at one time there were 12 planes in the air, flying in
formation or getting into formation and a constant circle. And, with the promotion of this as
a tourist attraction with the hiring of an events coordinator, it is not a real stretch to think that
could be a routine event. It is definitely being promoted as a tourist attraction. I will say that
I have full appreciation for that era aircraft. My father was in the Marine Reserve, and he
worked on Corsairs. Mr. Yagen has a Corsair. That was the first thing that I looked at the
first time we went over there to see that, to see what my dad worked on back in the 50s. I
can appreciate that. But like I said, this is not a matter of national safety or national defense.
This is a private entity, several private entities, which has turned into a profit making
business. I know they have approached some of the local farms about how you go about
having school tours that their attendance was not what it was hoping it was going to be, and
that they needed to drum up some more foot traffic through there to help pay the bills or the
workers they have. And, one of the original conditions said that he could have four
employees at one time. I think we're up to eight based on their websites. They have flex
hours, and I'm not sure. I don't work out of there. I'm not sure. These are things that we ask
you look into and especially the limitation on the number of events and the hours, and what
these other buildings are going to be used for.
Janice Anderson: Okay. Thank you. Are there any further questions? Yes. Go ahead Dave.
David Redmond: I want to ask you one other question. By the way, you look like an awful
lot like your dad.
Michael Cullipher: Yes sir. I do.
David Redmond: That's a compliment.
( Michael Cullipher: Thank you.
David Redmond: I'm puzzled by your seaming objection to the notion of some sort of
maintenance facility on this site. Let me give you an example. You go to the Marine Science
Museum. You see aquariums, tanks, fish and artificial reefs and all the rest of them. If you
take a tour of it, there is awful lot of "behind the curtain" that is making it run. There are
testing facilities. There are breeding of certain types of animals and an awful lot of
chemistry that go\~s on to make that work. That is sort of the stuff that goes on behind the
scenes, the back office, the nuts and bolts that make something like that possible. That place
gets something like 600,000 visitors a year. It is entirely a different scale. But it strikes me
that the idea of a maintenance facility with 70 year old aircraft probably would be a good
thing. Why on earth is it such a bad idea? Your house is a pretty long way anywhere from
where that thing would be.
Michael Cullipher: It is probably 800 or 900 feet.
David Redmond: Okay.
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Michael Cullipher: As pointed out by the applicant's attorney, the new buildings will be
screened by trees that he doesn't own, which is very convenient. As Mr. Munden said, he
could have a brush-hog in there tomorrow and those trees can be gone. So, that visual buffer
could be erased. To answer your question Mr. Redmond, when this structure was built, was
asked for and built, somebody had to be aware that there needed to be maintenance done for
these planes stored and kept here. And, it has been explained to me that these planes now fly
back and forth to the facilities in Suffolk. I understand that fact that on site maintenance
facility will eliminate "x" number of flights per month or whatever they are required to do, as
far as maintenance and inspections and what have you. I understand that, but it was built
knowing there were no maintenance facilities on site. And, part of our concern in this area is
the "piece meal" if you will, addition to the site. And, more directly to answer your question,
to reiterate as stat(~d on these web sites, that maintenance facility will be used by schools
around the country for their class projects and for future class projects. So, are these planes
all owned by one of these entities, and Mr. Yagen owns or has controlled interest in? I'm not
sure, but it says that this maintenance facility will be used for these class projects that trade
under this technical school. I don't have the exact terminology in front of me. The
maintenance aviatlon or but that entity. Like I said, as my wife has said, there needs to be a
little more transparency. That was a word used lot during the campaign. There is some
transparency of what these different entities are doing and their relationship to the museum.
There are currently, like I said, three entities given this address, one being a non-profit and
there is only one business license registered with the Commissioner of Revenue's Office.
David Redmond: It strikes me that any place where you're going to have the number of
fairly complicated machines. The 1941 era the propeller plane is being a fairly complicated
machine. A stable of school buses being fairly complicated machines, you ought to have
some sort of maintenance readily available. I understand your point which is where does all
end?
Michael Cullipher: It is not just where does it all end, if you don't mind me interrupting
("_. you? It is stated that this building will be used as soon as it is constructed for these schools
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and these different training operations. Are those planes part of this museum? To my
understanding they are not. And perhaps the maintenance end of it should have been taken
into account as part of the existing hanger could be dedicated for maintenance.
David Redmond: Hopefully, Mr. Bourdon can shed some light on that when we get to this
point. My view though, it strikes me as an entirely appropriate facility to have on the site.
Michael Cullipher: Sure. Have one business for maintenance. The last thing I'll add is that
with all the tie-ins to history and aviation of this City, and my parents both growing up here,
my mom can remember blackout at the Pungo Airfield and the barracks there, so I can fully
appreciate that. But I'm not sure that all of our veterans, especially our WWII veteran would
be really crazy about a 1939-1940 German era hanger being housed with some of those
vintage airplanes. That doesn't, and I don't think I need to explain the significance of 1940
Germany to any US citizen. If there are any more questions, be glad to ask.
David Redmond: Thank you.
Michael Cullipher: Thank you.
Janice Anderson: Thank you sir.
Donald Horsley: There are no other speakers.
( Janice Anderson: Mr. Bourdon.
Eddie Bourdon: First of all, let me say that I have the utmost respect for all the members of
the Cullipher family and for Doug Munden, and actually Mr. Meiszer? If I mispronounce
your name, I apologize. I've been victimized by that a long time, all very respectful. I
appreciate the tenor of the comments. And in a moment, I'm going to have Mr.Yagen come
up here and answer questions and help shed some light on some things. I'm going to give it
the first shot. Please feel free to ask me questions, because I don't know if I could answer all
the questions that have been asked. I tried to take notes but my note taking isn't particularly
good sometimes. First of all, very clear, there is no aviation maintenance school that is
proposed to be located on this property, is located on this property, or will ever be located on
this property. Going to different websites and plugging things in that don't say, and Mr.
Yagen will make it real clear. There is no aviation maintenance school operating here or will
ever operate here. There is no airplane that will be built somewhere else, disassembled,
brought here and rebuilt here. This is a maintenance facility, a 15,000 square foot
maintenance building for the planes that he maintains at the museum. Not for building
planes, not for assembling planes, but simply for maintaining the planes that are at the
museum. In some cases, these planes make them operational. They are all not 100 percent
original equipment so there is some work that is done to these planes. To put them in their
condition before they're brought here but again, that will not be done here. That information
is misinformation. Again, I haven't read whatever they believe they read on the web site.
Jerry will tell you that it is completely inaccurate. Again, that is not a part ofthis in any way,
\ shape, or form. It is merely to maintain the planes that are at the museum to avoid flights to
Suffolk for maintenance of those airplanes. The only noise from this facility is the noise
from propeller planes, not jet planes. Jet planes that the rest of us up in the northern part of
the city and even in the southern part of the city, may experience as well as other planes,
propeller planes and likewise that fly that have nothing to do with the museum. There are
many, many days when planes don't fly from this museum. They are very valuable assets
and they are not something you fly in bad weather. They are not just something everybody is
flying. So, the notion that there are a tremendous amount of flights taking place is not really
accurate. There are certain times when there are obviously flight operations taking place at
the museum. This is an asset to the City of Virginia Beach. The City of Virginia Beach is
one community of a whole. This museum is a jewel to the City of Virginia Beach as a
whole. It just so happens to be located in the southern part of the City, a part of the city that
that taxpayers up in the northern part ofthe city deemed it worthwhile to invest in with our
ARP Program, to preserve Open Space and land to restrict to a very significant degree
residential development from going south from here. That's an investment that we, as a city,
as a whole, have made in that part of the city to maintain a lifestyle, a rural lifestyle, one that
we're all paying for. At the time ARP was put into place, one of the things that were
discussed was side: benefits, ecotourism. There was even talk about Agri-tourism. I
remember thinking what was Agri- Tourism. I'm not really sure what that is. But the reality
is that as a city of the whole, we all help each other out. We all contribute or invest in
different ways. I would suggest to all that this part of the heritage of the southern part of the
City of Virginia H~ach. And the last thing that Mr. Yagen wants to have happen is to see
more houses built on this property or other properties around it, which I think is consistent
with our Comprehensive Plan. Our Zoning Ordinance allows airports in agriculturally zoned
( areas with a Conditional Use Permit, which is precisely why this property, as an airport, with
a Use Permit, granted an old Use Permit for an airport, but one that is a very restricted Use
Pennit for an airport. One that is very limited and that you can't do anything without City
Council's approval to modify that airport. Fortunately, rather than being a general aviation
airport, rather than being one with a non-grass runway, because we have a grass runway and
a court order that was agreed to by Mr. Yagen that it would always remain a grass runway,
unless City Council changed that. The court can't control what City Council does and
doesn't do, we have a grass runway. I've told that he has no intention of ever changing that
grass runway. So, I believe, and I think the citizens of Virginia Beach as a whole, this is a
wonderful addition to our City in a lot of different ways. It is one that is rurally compatible.
You certainly can't put it in the northern part ofthe City of Virginia Beach. We've already
got our airport and it is a very, very, very loud operation, and it is one that we, as a City, have
deemed it worth while to do everything in our power to continue to maintain here. To do
what we can to continue its operation here. Actually, it was hand and glove with it in terms
of showing our commitment to aviation and military aviation, in particular from a historical
perspective, and from a heritage perspective. Once again, that is a lot of what ARP is all
about and that is a lot of what it was sold for in terms of maintaining that rural heritage that
included this type of propeller aviation, not jet aviation. The maintenance, like I said is
15,000 square feet. There is a 10,000 square foot building that is really a storage building.
There is no aircraft maintenance that takes place, but it is similar to a barn. It is just a metal
one. And the reality is you look at these buildings. With the exception of the existing hanger,
and I'm not suggesting that I said that in the earlier part of the presentation, but the buildings
{ are not large by southern Virginia Beach standards at all. The square footage total of all the
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buildings is less than one percent of the square footage of the property that is encompassed
within the airport that the museum operates from. And the museum is the only entity that
operates there. The airport, the ownership entity, which Mr. Yagen owns, that is obviously
their address, but the passive landowner that rents the property for a dollar, I think it is a year
to the museum, and that is the only tenant on the property. The use of the property and the
idea oflimits, and I don't think you can have any more limits than the fact that City Council
must approve what is done on the property. I characterize some of the things that I head
from Mr. Meiszer as being attempting to limit the success ofthe museum. We're not about
trying to limit the success ofthe museum. We are, however, very much desirous oflimiting
impacts from the museum, those that are true negative impacts of the museum operation.
Frankly, I don't believe that there are significant negative impacts from the operation of the
museum beyond those of an agricultural operation and the dust, the pesticides, the noise, and
the other things that come from the agricultural operation. There are actually, I think, very
similar but with the exception of the planes flying but that goes with having an airport.
Janice Anderson: Eddie, I don't mean to interrupt.
Eddie Bourdon: Please.
Janice Anderson: Ifwe could get some questions and the things that you haven't covered.
Eddie Bourdon: Yes. Go ahead. I would like Mr. Yagen to be able to answer.
( Janice Anderson: Go ahead Barry.
Barry Knight: Mr. Bourdon, I know and from what I understand that Mr. Yagen was out of
town longer than he anticipated and he didn't get a chance like maybe everyone wishes he
had to have had some of these meetings before this. But, some of the residents down there
just pretty recently have kind of been buzzed amongst each other about what exactly it is that
is going to happen. I know one family that you met with was the Vaughans. I know there are
three Vaughan ladies here today so that just goes to show you that it is a big family and they
all have different views. But, a couple of the Vaughans said they had some concerns. They
met with Mr. Yagen. Mr. Yagen came and met with them. One oftheir concerns was access
to Vaughan Road. I believe Mr. Yagen said that he would sign something, and I believe you
would be willing to put it as a condition that there wouldn't be any access present or future to
Vaughan Road. So they said, these two particular Vaughan gentlemen, Bobby and Billy, said
their reservations were somewhat alleviated here. But they had an awful lot of neighbors
contacting them and they spoke for themselves. They didn't speak for the rest of the
neighbors. But they thought that some of the neighbors they spoke to, knowing that Mr.
Yagen is going to have two open houses, so to speak, with the plans out there and to open all
the questions that now some of their talk and some of their neighbors that have been in
contact with them are now a little bit easier know that this thing can't go forward, and they
are going to discuss everything between now and City Council. But, I want to kind of bring
that out. And also, can you tell me about the condition on Vaughan Road please?
(
Eddie Bourdon: Yes. We have no problem with that. In fact, I have a copy of the letter that
( Jerry Yagen sent, the letter that he had delivered to the Bobby Vaughan. I'll be happy to
provide you with a copy of it. There would be no problem with that condition whatsoever.
The other thing I would mention to the folks, and I apologize. I forgot to ask and I don't
know if Jerry has spoken to Mr. Munden, not but all of the other folks who spoke with the
exception of Jane Cullipher, either Jerry or myself have talked to prior to today. And, we'll
talk and continue to speak with and meet, but there isn't any, again other than Jane. I've
spoken with Mike and so has Jerry. I believe Jerry has spoken with Mr. Cullipher, Sr.
(Louis) and Mr. Meiszer prior to today. We will continue to dialogue with anyone who
wants to speak with us. I have no problem with that condition, and the condition about the
trees on the northe:m boundary? Mr. Munden is lOO percent correct. He could take down
those trees anytim(~ he wished, but those trees have been there for quite a while. I don't think
he is planning on doing that but it is a reality of the landscape that is there. As I said, we'll
plant trees along the northern boundary of the property if that is something that would be
helpful.
Donald Horsley: Eddie, if Mr. Yagen could come up and address this school deal? Mr.
Cullipher is pretty adamant that is what he is understanding, and we need to have it addressed
by Mr. Yagen as to what type oftraining is going to be done there, if any, and how this WWI
competition is? Is this related to this museum at all or not?
Jerry Yagen: Thank you Commission. My name is Jerry Yagen. I'm the person behind this
problem that has come to you today, which I really didn't think would be this difficult.
( Regarding schools? What I do for an occupation is I operate a collection of colleges.
Locally, they operate under the name, formally it was Tidewater Tech. It is now Centura
Colleges. And I also have a group of aircraft maintenance training colleges where we train
our students to become licensed aircraft mechanics. These are all licensed by the Federal
Aviation Administration. We have one here in Tidewater. It is located in Chesapeake. Then
we have other schools in Dallas, Houston, Kansas City, Atlanta, Philadelphia, Washington,
DC suburbs, Orlando, and several other places. The students have always been after me, Mr.
Yagen, please allow us one of these airplanes that we're learning to repair, please allow us to
take it, and some of the schools are at airports, have the airplane fly. Anybody that's
working on a car, a young kid, they want to see the engine start. They want to see the car
drive down the road. For years, I've said no because of a liability issue. Almost two years
ago, I said alright. If this is something that you really want to do, lets work it into your
program of study. Lets do it during off school hours. The students will do 80 percent of the
work and the instmctors will do no more than 20 percent. And we're going to build an
airplane and it's going to fly. You're going to have to select the historical airplane from the
time from the First World War. These First World War airplanes were built out of wooden
fabric. They were open cockpit by planes. That was about lO years after the Wright
Brothers flew the first airplane. It is a very difficult airplane to build. They are very difficult
airplanes to fly during the war years. The school selected an airplane. They select a pilot
that had flown that airplane and they started to work on them. Some of the schools are
making excellent progress. Some of the schools are not doing so good, but it is a volunteer
effort after school. What do you with these airplanes afterwards? I had a wonderful idea.
( Weare here to tell you that we want to build a WWI hanger and we want to put those
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airplanes eventually in that hanger. They will be test flown away from the airport in Dallas or
wherever they will be constructed, and then, they will be put on the truck and they will be
brought to Virginia Beach, then they will be put on display. Maybe on a Sunday afternoon in
the summer time, we might do a demonstration flight. That's what the WWI airplanes that
the schools are building. The students are not coming to this museum to be taught how to
repair a jet airplane or aircraft that they're going to school for. That is not what the intent is.
As a matter of fact, the FAA would not even allow it, because the FAA has a license to
certify the location where this training is done. And it is done at that school location. Did I
answer your question.
Donald Horsley: I think you did.
Jerry Yagen: If I could, maybe very briefly address a couple of other things that were
brought up. I went around three or four weeks and talked to some of the neighbors. I ran out
of time. I had to go out of town. I came back this last weekend. I tried to catch the rest of the
neighbors. I think I talked to 90 percent of the neighbors. When it became too dark, I
stopped knocking on doors. Now I try calling some ofthe neighbors. And, so if no one was
home, I either left a message with my phone number or otherwise, I left a note on the door if
they were not there during the day. Everybody that is here I spoke to, with the exception of
Mr. Cullipher, but I talked to her husband her father-in-law, I believe. And, Doug Munden
was out of town and I left a small card on his door with my phone number. Please call me
and I'll come back or here is why I'm here. Everybody that I tried to talk to, and I did that
the last time that we applied for a Conditional Use Permit also. The neighbors and citizens of
our community overwhelming in response, I love the airplanes. . I enjoy them. I come there
sometimes to look at the planes when people come from out of town. We enjoy seeing them
there. T received nothing hut positive compliments about these aircrafts and what we're
trying to do there. Somebody said that that I'm hoping to make a profit. I will never make a
profit out there. Believe me. If I ever stop supporting it, we will wither and die immediately
unless somebody steps into my shoes. Tremendous amount of money I've invested there.
Not to make a profit. In one it's way something that I'm doing to give back to my own
community even though some of my neighbors might think I have alternative motives. I am
trying to purchase some additional land. I'm trying to purchase some additional land so I can
buffer the airport. So, I don't have people that are concerned. And then, if I can buy the
land, I would like to put it in the trust that the City of Virginia Beach has established so it
isn't developed. Early morning flights? Six o'clock in the morning. I'm either lying in bed
asleep or I'm working at home on the internet. I'm not up that early. Last week we flew one
airplane, a Curtis P-40. It is a 1941 airplane like what the Flying Tigers few. We flew it to
Moody Air Force Base where they were having a reunion of the Flying Tigers. We brought
it down there so the veterans that are in their 80s and their 90s could see an airplane like they
worked on when they were young. And then we flew it again yesterday. We flew it over the
City of Virginia Beach at the Veteran's parade. We made absolutely nothing off ofthat. We
do things like that to share the airplanes. There are no early morning flights like that. There
might have been one morning when somebody had to go take an airplane to somewhere out
of town. We now do all of our maintenance in Suffolk. I don't like doing it over there. First
of all, I would like to do it in my own city. I live here. I want to see these things done in my
own city. There are veterans and there are people that drive all the way over to Suffolk. They
(
want to see an airplane open up. They want to see somebody working on the engines. That is
exciting to a lot of people. We want to have this work done in Virginia Beach. We want to
have it done at the museum location, at the airport. I think it is something that would be
interesting. I think it would be a lot safer to do the work there. And it would mean less
flying. How many airplanes do we fly on an average week? I think three or four flights on
an average week at the most. We have some banner planes that operate out of there. They
don't pay us anything. Nothing! Zero! I could kick them out of the airport. The man has a
business to operate. If I kick him out of that airport, I think the business would go out of
business. So, the City can force me to do that. I think it would be a great disservice to one of
our local citizens. Visitors that come to the airport, tourists from out of the area come to this
airport. We had someone come from Canada recently. All the way from Canada just to look
at one of our airplimes flown by Canadian services. But most of the visitors that come to the
airport are local citizens from our local community. They live in Virginia Beach and Norfolk.
The different things that Mrs. Cullipher said she saw on the web pages. I think a lot of that is
hyperlinked. If you're looking at our webpage about airplanes you must be interested in
airplanes. If you're a young man and if you like airplanes come to one of our schools and
learn how to fix airplanes. We're trying to promote our schools. We have events at the
airport. That is how we introduce the people to the airplanes. We had a car show there
recently. A histonical car, Duisenberg's and stufflike that. I was amazed on how popular it
was. It was a local car club and they brought their historical cars out. People came out to
look at their cars and at the same time they looked at my airplanes because I'm really into
airplanes and I enjoy airplanes. The only other thing to say are these airplanes regulated?
The moment that airplane starts rolling down that runway and lifts into the air, it is one of the
most regulated things here in the City of Virginia Beach because it is regulated by the
Federal government. And the FAA comes out there occasionally. They look at the airplane.
Every airplane has: to have a major inspection done on that airplane every year. Right now,
over in Suffolk, our P-5l Mustang is over there and it will be there for a month. They have
taken it completely apart. Now we had to fly it over there and we're going to fly it back.
That is what I want to see happen in the City of Virginia Beach. That is what I want to do at
the airport. I want to maintain those airplanes there. The other buildings? One is a barn. It
is a storage building. We don't want to see junk lying all around. We want to put our
lawnmowers in there and we want to put some airplane projects in there. We want to put the
other pieces that are lying around the airport. Another one is a WWI hanger. And, 100 years
ago, they didn't have hangers. They had barns and everybody kept an airplane in a barn. We
want to build a replica of a WWI airplane hanger. I have about V2 dozen WWI airplanes and I
can't bring them to Virginia Beach. I don't have any place to store them. I'm hoping that
some of these schools will be successful with airplanes. I want to put them in that hanger
and I want people to see them. I want it to look like a WWI hanger. The hanger that is
referred to be as heing from Germany is a 1939 hanger that was built inCottbus in the
southern part of Berlin. It protected the southern portion of Berlin from allied American
bombers and fighters. It is a very historical building. We disassembled it. We moved it here
to Virginia Beach. We want to erect it here in Virginia Beach. The only reason why it
survived is that it was in eastern Germany occupied by the Russians and the Russians used it
and they wouldn't build a new building. They kept this old building.
(~
Janice Anderson: Mr. Yagen, they might have some more questions. Are there any more
questions ofMr. Yagen? Thank you.
Jerry Yagen: As you can see I get passionate.
Janice Anderson: Yes. Okay. We'll go ahead and open it up for discussion. Mr. Cullipher
do you have something new?
Mike Cullipher: I certainly do.
Janice Anderson: Okay.
Mike Cullipher: So you all don't think we made it up.
Janice Anderson: That will be fine. We'll look at it. I know that you wanted to pass it out.
Mike Cullipher: This is giving you the address and this is a copy of the Aviation Institute
and Maintenance.
Ed Weeden: Mr. Cullipher, could you get behind the microphone please?
Janice Anderson: You can just identify the documents.
(
Mike Cullipher: One regards the Aviation Institute of Maintenance and it says, the WWI
planes will be transported from our community airport in Virginia Beach, Virginia. There
the aircraft will he reassemhled and flown individually and as a group to demonstrate the
capabilities. That is where we got our information. Here is another one. Fighter Factory, a
new facility in Virginia with a picture of the hanger and a very distinctive checkerboard
water tower in the back. I submitted it to you before. It's the mention of the three entities
with that address. We just didn't dream these things up.
Janice Anderson: Thank you Mr. Cullipher. I'll pass these around to everybody. I'll open it
up for discussion. Go ahead.
Donald Horsley: I think and maybe I misinterpreted to what Mike said earlier on, I thought
he said they would build them, disassemble them, rebuild them and disassemble them as a
part of a contest, but it appears to me that building them on these sites, they are going to
make sure they fly, and then they disassemble them, bring them here so you can store them,
and they may be flown at sometime. Is that correct Mr. Yagen?
Jerry Yagen: Yes it is.
Donald Horsley: That is what I understand from the way I read this.
(
,
(
Jerry Yagen: Yes, They are going to be disassembled at their location, brought here, and
assembled one time. And the word "Fighter Factory" is a name of our maintenance facility.
That is all that is.
(
Donald Horsley: Thank you. I guess since this is in Princess Anne borough, I'm going to
lead the discussion. I tried to give it away this morning but nobody would take it. You
know, I do have the utmost respect for the people who have come and spoken today. You
know, there is one of them in particular that has been a friend of mine for many years, and
I'm sure he knows who he is. I've had a lot of people contact me about this, both pro and
con. I think the main thing that people were looking for is what is this going to be? And,
you know, I kind of explained it to one and two of them. I guess, it is kind oflike the way I
see it, it is kind like me in a farming operation. When I see something that I think will help
benefit my operation, I may go for it. And, I guess that is kind of what Mr. Yagen has done.
He sees that these hangers will help his amenity for the museum and provide a place to store
these replica planf:s that he is very endeared to. We can tell that by his comments today.
And, I respect that. We wrestled with trying to come up with conditions that we could put on
Mr. Yagen to help ease some of the thoughts from some of the people that have spoken today
about the number of events. As we look down this list of events that have been held here
over the last year or so, I don't see, other than the concert that was held, that was probably
the largest one, I don't see anything there that would really be too off the wall for a facility as
large as this. They have offered the deal about parking. They do bus people in for these
larger event that they have. They probably don't have but one or two. We could put a limit
today on say, Mr. Yagen, you could only have one event a year or two events a year that you
could have 1,500 or2,000 people. I don't know what it would mean other than the fact that
if you had a large event of some group that wanted an aircraft event that you wanted to come
that had 2,500, we'll say you have to cut if off at 2,000 or whether we would just have it, and
see if the City comes out and counts head. I think some of these things that we put limits on,
we do it just as a deterrent, I guess from having them but as far as enforcing them, I think
many ofthem are unenforceable. There are a couple of conditions that I would like to add
however. In the ktter you sent that you wrote to the Vaughans, I would prefer that would be
a condition. The letter is fine, but I would prefer that would be a condition that there would
be no ingress/egress onto Vaughan Road from this property. I would prefer that we have a
condition that says that the runway must remain a grass runway and will not be paved. I
think they are two things that the City can regulate. We can put them in as conditions they
can't happen. Other than that, I mean you've offered to buffer. We talked about that earlier
on. You've offerf:d the extra buffering. Maybe Douglas, you're going to get a few more trees
along side your property line but I don't think you would o~ject to that. Maybe one day they
might get big enough that you won't at least see part of that hanger. I will be honest. I think
I was on Planning Commission when this first came about and I did not, and I'm going to be
honest. I did not expect what we got. I didn't think it would be to the magnitude that it is.
I'll just be point hlank. But, it appeared and you said it was all legal according to what was
approved that day" and what City Council approved. I guess it turned out, I think it is a nice
amenity. I'm hop:lng that maybe one day some people will benefit from people who don't
come visit it. I'm hoping that they'll stop by Mike's stand and buy some produce on the way
down or either the Flanagan's or the Henley's in Pungo. If they come in the other way, there
are some people over that way too. I'm hoping that these people will come down and see
t
I
that and stop by and visit. I don't think it is too out of place in the rural end of Virginia
Beach. This has been an airstrip. This is not really taking agricultural land out of production.
This land hasn't been in production, I don't know how many years but I've been here since
1970, and it was before that. So, I know it hasn't been in production for that long. It has
been an airstrip ever since I've been living down here. I don't think we're taking land out of
production. I would be the first that wouldn't like that because I am in production agriculture.
If we have some other comments that you would like to make, but there basically is what I
like to do, and I know we've asked questions Mr. Yagen that are hard to answer of what the
end result is going to be? And, a lot of times they are hard to answer, but the end result will
be whatever is requested and is approved. I mean ifit gets too much, Council won't approve
it. So, I think that's the point that we got there. The checks and balances we've got there.
So, those are my opening comments.
Janice Anderson: Thank you. AI.
Al Henley: Thank you. I'm not going to make this as a recommendation for a condition but
listening to Douglas Munden earlier, he was concerned that and of course he owns that farm
immediately to the north of this. I was wondering while I was sitting here looking at this
property, it has been as a cultivation for a long many of years. The piece of property that Mr.
Yagen owns, which is on the immediate right of the entrance road coming in, it appears to be
35-40 acres in there. I was just wondering would it be acceptable or even a good idea to lease
that to a local farmer and have rotational crops such as com, soy beans, winter wheat. I
know that they haven't produced a com yet high enough to hide the water tower, but and I
( was wondering if that would be, and it would obviously help Douglas Munden out. It would
help Douglas Munden out and it would help, and you could call it buffer but it would soften
that area out somewhat. It may be a bad idea but I thought I would throw it out on the table.
Jerry Yagen: Where that circle is to the right of that of that large field, we currently allow a
member of the Vaughan family to farm that.
Al Henley: Okay. Thank you.
Janice Anderson: Thank you. Is there anything else Al? Are there any comments? Dave.
David Redmond: I confessed earlier that I have not been there. I had a family that went by
there in car all likely. I think this is pretty nifty. And there are not many of these, I wouldn't
bet, on earth. And I think we're fortunate enough to have one. I found Mr. Yagen's
enthusiasm to be infectious and to be sincere. And, I think, where does it end? You kind of
had that question. I don't know but it is kind of hard to predict or to make a decision based
on that. We only have the ability to look at what's in front of us and try to determine on
balance whether it is good or bad or whether the land use that we're talking about fits in to
wherever it is we're talking about and in this case it is here. So, I don't know where it ends.
I think on balance this is pretty cool. I am fascinated by these old buildings and the airplanes
that are going to be in them. In absence of some sort of indication that is it really going to be
problematic in some way, I don't know, I can't find anything objectionable in it. I'm
C certainly going to support it. I urge my colleagues to support it.
Janice Anderson: Thank you Dave. Gene?
{
\
Eugene Crabtree: I think that we have to look at this as what is best for the City of Virginia
Beach. I grew up :In a farm community and I am very sympathetic to the farm community as
most of the farmers that know me that I've talked know, I'm on their side. I really am. But I
can't see as to whe:re this is going to impede or prevent them from continuing to farm their
land to do what they have done for a living for years. I now it is probably a small imposition
in some ways to them at times. It probably looks like a big imposition. It is just out in the
middle of their community and they see it as an intrusive. But when you look at it for the
entire City of Virginia Beach, as well as the rural community, as well as the other parts of the
community, I think this project is a plus project. I think it will enhance our city in years to
come. Therefore, I'm going to support the project. I sympathize with the farmers and how
they feel. I don't blame them one bit. But for the overall benefit of the City, I'm going to
support this project.
Janice Anderson: thank you Gene. Jay?
Jay Bernas: Not to belabor the point but when we went on our field trip last year and we
visited the museum, simply I thought it was spectacular. The plans were so unique. He ran a
first class operation. It was very clean. And I expect nothing less than that. I fully expect it
is going to continue to be a first class operation.
(
Janice Anderson: Thank you Jay. Are there any other comments? I would like to add one
maybe condition. That the: additional buildings will be used with the museum, only
associated with mUlseum activities. Okay? Do I have a motion?
Donald Horsley: I will make a motion that the application be approved with the three
additional conditions as stated.
Janice Anderson: The thn::e conditions are one, that Vaughan Road will not be connected,
and two, that it will remain a grass runway; and three, that the additional buildings and
activities with them will be associated with the museum only.
Donald Horsley: You hit them all.
Eddie Bourdon: And do we also not want to add to the one about landscaping that we will
also put the buffer on the northern boundary in addition to the landscaping that is provide for
on the streetscape.
Janice Anderson: Yes. That would be seven.
Donald Horsley: The previous rules about the hours of operation will remain as they are and
be enforced.
Janice Anderson: On the northern boundary. Okay. A motion made by Don and a second by
( Barry Knight.
AYE 10 NAY 0 ABSO
(
t
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KA TSIAS
KNIGHT AYE
LIV AS AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved the application of Military Aviation
Museum with the four additional conditions.
Eddie Bourdon: Thank you all. We hope to see anyone who is interested either at Saturday
at 2:00 o'clock or Tuesday at 7:00 o'clock at the museum.
Janice Anderson: Thank you. Thank you all for coming down today. If there is no further
business? We have one more?
(
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--
Military Avialion Museum. 1341 Princess Anne Road. VIrginia Beach, VA 23457 . Phone: (757) 721-7767
w>>'ll.:MilitaryAviationMuseum.o'1j
November 10, 2008
Mr. Robert P. Vaughan
1258 Princess Anne Road
Virginia Beach, VA 23457
RE: Vaughan Road Egress
Dear Mr. and Mrs. Vaughan,
It was a pleasun: talking with you recently about the museum and our plans for the upcoming
years. I hope that I was able to adequately answer your questions and satisfy any lingering
concerns that you might have had regarding our future intentions.
Allow me to again reiterate to Billy and yourself that it is a private use airport and the FAA has
no control over it or the surrounding properties. Billy could contact the FAA in Richmond,
V irginia, and ask them the same question. Unless it is a public use airport or it receives FAA
funding, they h2Lve no involvement on such airports. No such agency could ever prohibit his
intended use of any of the adjourning land.
As you requested, allow me to assure you that we will not add any egress driveway or entrance
off the Vaughan Road end of the airport. We might occasionally use a temporary entrance there
for airport work, but the fence that we installed is intended to be permanent.
Should you have any further questions or needed clarification, please call me at my office or
home (486-4064). Thank you for your understanding and support of what we are trying to do in
order to preserve aviation history for our city.
Sinc.erely,
MILIT AR-Y)\N1A. TION MUSEUM
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Commonwealth of Virginia )
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Subscribed and sworn to before me by fuG io. ~04e..n
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this 0 day of Nove..tYtbif,200!.
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My Commission Expires: AI. () VetYl bt..r <30, Ml
Corporate Offices. 4455 South Boulevard. Vuginia Beach, VA 23452
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(
8-04-07
Jack Whitney (Director of Planning)t City Manager's Office,
Thank you for your time.
My name is Robert Arbuckle. I live at 2092 Jarvis Rd, in the Pungo section of Virginia Beach. I
was raised here in Virginia Beach an attended all of my primary and secondary school here. My
wife, daughter, and I returned to Virginia Beach in the summer of 2004. I currently am employed
by the City of Virginia Beach, as a eighth grade civics teacher.
When my family moved into our current residence, we did so because of the peace that is offered
from living in an agricultural area of the city. Our house had extensive views of the horizon in all
directions, trees as far as the eyes could see. On summer days, the occasional plane would drop
and pick up banners.
Since that short time ago, the area has changed. The airport was purchased by Jerry Yagen and
turned into a "museum." The area has been renamed the Virginia Beach Airport. The runway has
been extended approximately 2000 feet, a mammoth airplane hanger has been constructedt and
a water tower has been erected. The consequences of these industrial projects has been months
and months of construction noise and traffic, an obstructed horizon that emits a blanket of light
pollution, and a towering orange and white tank that surpasses the height of anything for miles.
Currently there is earth moving going on from dawn to dusk. Acres of trees have been cut and
removed. This has been going on for at least four months. Many understand it to be a cross
runway. Others in the community, as well as workers on the sight, acknowledge that the runway
is being added and that there are plans to build THREE more hangers.
I have tried various channels to get answers to some basic questions, but I have received
conflicting responses.
I believe that the court ruling granted permission for Mr. Yagen to build the hanger, a water
tower, and extend the runway. My questions are this: What are the limits on construction at the
Virginia Beach Airport? Has there been a permit issued for the current and ongoing clearing?
I appreciate your time and look forward to hearing back from you.
Cc: City Councilwoman Ms. Henley
Robert W Arbuckle II
2092 Jarvis Rd
Virginia Beach, VA 23456
(757) 689-8755
Store, manage and share up to 5GB with Windows Live SkyDrive. Start uDloadinq now
(
From: ROBERT ARBUCKLE [mailto:buckleii@msn.com]
Sent: WednesdaYt October 29t 2008 9:16 PM
To: Planning Zoning; Karen Lasley; Christopher Langaster; Stephen J. White; Jolilda Saunders
Subject: Planning VB Airport 11-12-08
Planning:
I am writing to you in regards to the planning meeting on 11-12-08 concerning the
Reconsiderations of Conditions at the Virginia Beach Airp011 property on 1341 Princess
Anne Rd. My name is Robert Arbuckle, and I am a resident of Jarvis Road. I am unable
to attend the meeting in person due to work requirements. I have included a letter with a
more detailed introduction of myself and my history below. This previous letter was sent
to Jack Whitney, the Director of Planning, in August of2007, however it was never
responded to.
(,
My concerns regarding the expansion of the airport are as follows. The
structures, on the site, are not compatible with the single family homes and agricultural
areas around it. The industrial lighting obscures the night sky and the construction noise,
mentioned below are not compatible with the "green belt" area. My next concern is that
of limits. There appear to be no limits on the future planning, the aircraft coming in and
out of the field, or the number and size of events being held. There are also rumors of
more hangers and eventually a bar and restaurant on site. There appears to be no limits
on the size or number of aircraft that frequent the site. Already, there has been one
accident reported on 7-29-08. Thankfully there were no injuries to the public or pilot.
My main c,om:,em is the issue of traffic. There have been numerous events over the last
few weeks. Some of which drew thousands of attendees, and what I can only imagine to
be hundreds of workers and volunteers. Traffic was heavy during these events, and
required police management. Some of these events create an amusement like atmosphere
for surrounding neighbors.
It is these concerns that I feel need to be addressed in order to allow our
community to continue to grow in a positive and economically sound fashion. I present
this letter to be addressed at the planning meeting onll-12-08. I thank you for your time
and continued commitment to the community.
Robb Arbuckle
2092 Jarvis Rd.
Virginia Beach, VA 23456
(757) 689-8755
(
I
~ "6"'" 1. V.L ~
Carolyn Smith
From: Kathryn B. Bateman [Kathryn.Bateman@VBSchools.com]
Sent: Monday, November 10, 20087:14 AM
To: Carolyn Smith
Cc: Stephen J. White
Subject: Military Aviation Museum Application
Importance: High
I am sending this e-mail letter to both Carolyn Smith and Stephen White. Please be
sure the letter, which is in regard to the Military Aviation Museum application, is
distributed to the planning commission members before their November 12th meeting.
Thank you.
Dear Planning Commission Members,
Our family lives very close to the Military Aviation Museum and has had ongoing
concerns with noise and safety issues related to the museum since it opened. We
have also needed to sell our home for over a year and a half now and have lost
several prospective buyers due to their concerns about the museum. The last couple
who came to look at our home lived in Norfolk, and they were initially unaware of
the museum. When we were setting up the appointment for them to come see our
property, the lady asked why we were selling our home so cheaply. When they came
out to see our home, they said they saw the museum over there and some of the
planes parked outside. They asked me some questions about it, and then the lady
said she now understood about our price. Just like other prospects we have lost,
they decided they didn't want to deal with the museum issues either even though
they said they loved our property.
With the proposed expansion of the museum, there is bound to be additional
operational noise, etc. once the project is complete, plus of course probably many
months of construction noise during the building stage. Although the concept of the
Military Aviation Museum is a good one, it should never have been built so close to
people's homes where it impacts their quality of life. When there are special
events over there, such as the annual Memorial Day event, political fundraisers,
etc., we cannot even have any peace on our own property.
We still cannot fathom how the Buddhist facility was recently denied due to its
supposed impact on the area, yet the museum, which is less than a mile away and has
exponentially more impact, was approved.
We really need to move, and not being able to do so is creating a hardship for our
family, but we are essentially trapped here because of the museum's close presence
and impact. Approving the proposed expansion will most likely make the situation
even more difficult, therefore we respectfully request the application be denied.
The saying, "It's a nice place to visit, but you wouldn't want to live there" is
particularly relevant in this situation. Please ask yourself if you would really
want your family living close to the museum facility before you decide which way to
vote. And, on the very slim chance you honestly think that would be just great,
then I have a house I will be glad to sell you.
Thank you,
Kathryn Bourdon Bateman
1324 Princess Anne Rd.
Virginia Beach, VA 23457
11/12/2008
Carolyn Smith
( From: Ron Stillman [n2dwnd@cox.net]
Sent: Monday, November 10, 20084:24 PM
To: Carolyn Smith
Subject: Va Beach Airport Expansion
Dear Carolyn Smith,
I would like you to express our opinions to the planning
commission about the expansion of several projects Mr.Yagen has
proposed. We have read all of the information about the projects
and have talked with Mr.Yagen personally. We feel that all of the
projects would benefit the entire community. We are in favor of all
of the projects.
We live very close to the airport. The planes are a pleasure to
watch. They don't bother us at all. They mostly fly on the
weekends, and never early in the
mornings. We have been to several functions at the airport. Each
visit was a pleasure.
(
The traffic problem with the dump trucks is more of a concern, than
the people leaving the airport. It would be nice to have some turn
lanes installed at several locations on Princess Anne Road. Mostly
at Pleasant Ridge Road and at Gum Bridge Road. There have been
several accidents at both locations.
Thank You,
Ron & Gerry Stillman
(
11/10/2008
,I I
I
Carolyn Smith
From: Kathryn B. Bateman [Kathryn.Bateman@VBSchools.com]
Sent: Monday, November 10, 2008 7:14 AM
To: Carolyn Smith
Cc: Stephen J. White
Subject: Military Aviation Museum Application
Importance: High
I am sending this e-mail letter to both Carolyn Smith and Stephen White. Please be
sure the letter, which is in regard to the Military Aviation Museum application, is
distributed to the planning commission members before their November 12th meeting.
Thank you.
Dear Planning Commission Members,
(
Our family lives very close to the Military Aviation Museum and has had ongoing
concerns with noise and safety issues related to the museum since it opened. We
have also needed to sell our home for over a year and a half now and have lost
several prospective buyers due to their concerns about the museum. The last couple
who came to look at our home lived in Norfolk, and they were initially unaware of
the museum. When we were setting up the appointment for them to come see our
property, the lady asked why we were selling our home so cheaply. When they came
out to see our home, they said they saw the museum over there and some of the
planes parked outside. They asked me .some questions about it, and then the lady
said she now understood about our price. Just like other prospects we have lost,
they decided they didn't want to deal with the museum issues either even though
they said they loved our property.
With the proposed expansion of the museum, there is bound to be additional
operational noise, etc. once the project is complete, plus of course probably many
months of construction noise during the building stage. Although the concept of the
Military Aviation Museum is a good one, it should never have been built so close to
people's homes where it impacts their quality of life. When there are special
events over there, such as the annual Memorial Day event, political fundraisers,
etc., we cannot even have any peace on our own property.
We still cannot fathom how the Buddhist facility was recently denied due to its
supposed impact on the area, yet the museum, which is less than a mile away and has
exponentially more impact, was approved.
We really need to move, and not being able to do so is creating a hardship for our
family, but we are essentially trapped here because of the museum's close presence
and impact. Approving the proposed expansion will most likely make the situation
even more difficult, therefore we respectfully request the application be denied.
The saying, "It's a nice place to visit, but you wouldn't want to live there" is
particularly relevant in this situation. Please ask yourself if you would really
want your family living close to the museum facility before you decide which way to
vote. And, on the very slim chance you honestly think that would be just great,
then I have a house I will be glad to sell you.
c
Thank you,
Kathryn Bourdon Bateman
1324 Princess Anne Rd.
Virginia Beach, VA 23457
11/10/2008
Carolyn Smith
( From: Dillingham, Edward [USA] [dillingham_edward@bah.com]
Sent: Sunday, November 09,20089:10 AM
To: Stephen J. White
Subject: Military Aviation Museum
Hello Mr.. White:
Please accept this note as an expression of my family's enthusiastic support for a modification of the conditional
use permit for the Military Aviation Museum that is scheduled to be brought to the attention of the Va. Beach city
council as agenda item 8 on 12 November 2008.
My family and I have spent many happy hours at the museum, and we believe that it is extremely important to
help the museum tell thH story of the aircraft and aviation men and women who gave so much to our country
during time 'of war and peace.
In addition, it is important to note while the museum currently is a fine facility, the projected improvements will
enable it to become a truly world class aircraft museum, and people from all over the world will come to see it _
with the attendant expenditures at the hotels, restaurants and businesses that depend on tourist dollars for their
livelihood.
Significantly, the museum attracts the type of visitors - families - that Virginia Beach needs to continue to grow
and improve, and is a YHar round type of attraction. The museum facility hosts military reunions, weddings and a
variety of other events that bring year round visitors the area, rather than just seasonal ones.
The museum owners have greatly exceeded any reasonable expectations to be "good neighbors" to the local
residents, and will continue to do so. It is my belief that any discontent expressed by neighbors is simply an
expression of their desire to maintain their personal status quo, and is a very myopic view of the entire project.
Thank you for your attention to this matter, and I hope that you will relay my expression of Sblpport to the city
council when this matter is raised at the meeting on the 12th of November.
Sincerely yours,
Edward Dillingham
2408 Autumn Leaf ct.
Virginia Beach VA, 2345,6
Dillingham_ edward@ball.com
(
11/10/2008
I
Carolyn Smith
Sent:
To:
Cc:
From: John Hawkins [bigm049@cox.net]
Sunday, November 09, 2008 11 :55 AM
Stephen J. White; Carolyn Smith
GERRY STILLMAN; MAGGIE HAWKINS; RON STILLMAN; Harry E. Oiezel; EPY1@aol.com;
TARA HAWKINS; Barbara Henley; JOHN HAWKINS; SCOTT HAWKINS; Jerry&Maryann Hughes
Subject: Military Aviation Museum Plans
(
Dear Carolyn Smith and Stephen White,
I have been to the museum on several occasions over the years for various functions. I also have friends who
live virtually "next door" to the museum and its adjacent airport and have visited them several times a month over
the past years.
Every visit to the airport has been an enjoyable experience and one I will cherish and I learn more about our
aviation history every time I go there.
I was in the United Kingdom for four and a half years during my time in the Navy and was stationed at a Royal
Air Force base and nothing would thrill me more than to see the Air Traffic Control Tower that was talked about in
the proposal resurrected this close to where llive.
I feel that what Mr. Yagen and his organization are doing for the community of Virginia Beach will turn in to an
asset rather than a reliability.
I have heard that there are some "locals" who are seemingly concerned about the increase in traffic.
During my visits to that area, the only concern I have with traffic is the rate of speed at which some of the large
commercial trucks and other vehicles travel along that stretch of road. I have seen an increase in traffic along
that stretch of Princess Anne Road, but is not due to the Airport as much as it is due to the increase in the amount
of people deciding to use that area of the city in which to reside. Even with the new construction, I feel there will
not be a significant increase in the amount of traffic which will use that route.
As to the flight concerns, there has never been a great amount of flights out of that airport by Mr. Yagen's
aircraft. For one thing, there is a definite prohibition in flying the aircraft due to the cost of fuel and maintenance
to keep the aircraft flyable. Additionally, there are a limited number of qualified pilots that can fly these aircraft
and this places a restriction on the amount of flights that could occur. They are vintage airplanes and are meant
for static display more than for their flight characteristics.
The aircraft and displays are kept in immaculate condition, but I feel that is not why the airport and Museum
exist. It exists to be able to bring a bit of history to the citizens of Virginia Beach and the surrounding
municipalities and the addition of "real" World War One and Two Structures to the facility will enable those people
who have never seen and may never be able to see the real items in their original environment to feel and see
what so many US Veterans saw and worked with during their times in the Military in Europe both during and after
the wars.
My vote is that the commission and city should give a resounding approval to what Mr. Yagen and the Military
Aviation Museum plans to construct and should do what it can to promote anything that will benefit the city and
the citizens of Virginia Beach. .
I would greatly appreciate it if you could relay my feelings towards the proposal to the Planning Commission
subsequently to the City Council for their consideration.
Warmest Regards,
John and Maggie Hawkins
Residents of Virginia Beach
"
11/1012008
From: Bill Anderson [mailto:bander@cox.net]
Sent: Sunday, November 09,20088:52 PM
To: Carolyn Smith
Subject: Support Expansion Plans - Military Aviation Museum
Ms. Smith, I writing to express my support for the Military Aviation Museum off Princess Anne
Road.
I have been a volunteer docent at the Museum for four months. I have given tours to guests to
Hampton Roads on vacation from out of state, and to local residents of Virginia Beach and other
locales.
Without exception everyone is impressed with the Museum and its legacy to the aircraft and men
and women who flew and maintained them.
Hampton Roads and Virginia Beach are rich in military support. The Military Aviation Museum is
a gold nugget that will continue that tradition for many, many years to come.
William F. AndE!rson
Lieutenant Colonel
US Army (Retined)
(
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Memo to the Virginia Beach Planning Commission
The Military Aviation Museum presents a view of history which is rare not only for its collection of
vintage aircraft but for the fact that the vast majority of which are actually flown. Virtually all other
aviation museums consist of static displays of aircraft. For those reasons, the Museum is attracting an
increasing number of visitors (local, out of this area and even from foreign countries) who simply want
to see this unique part of history, and when their schedules permit, actually see flight demonstrations of
aircraft about which they have only read. So, the Museum is good for Virginia Beach as well as visitors.
I urge the Planning Commission to give favorable consideration of the future plans of the Military
Aviation Museum, a true and unique jewel of military aviation history.
Respectfully,
Norman C. Venzke
RADM, USCG (Ret)
Carolyn Smith
{ From: J Reichart [john.reichart@cox.net]
Sent: Sunday, November 09,20089:01 AM
To: Carolyn Smith; Stephen J. White
Subject: Military Aviation Museum Expansion
I want to send you a note regarding my support for the expansion of the Military Aviation Museum. The Museum
is an incredible peice of living history for our area. With the aircraft all in flying condition, it allows generations of
people to experience the history of military aviation. I think this museum is a huge ass est to our city and it's
expansion will greatly enhance the whole experience. Please allow for this expansion. Thank you!!
John Reichart
757-450-1372
iohn .reichart@cox.net
(
(
11/10/2008
Carolyn Smith
From:
Sent:
To:
Subject:
kewar@cox.net
Sunday, November 09. 2008 4:52 PM
Stephen J. White
Expansion plans, Military Aviation Museum
Would you kind relay our expression of support to the Planning Commission regarding the
military Aviation Museum expansion and ask the Commission to approve the additions. They
will benefit the Museum, the City and the community. It will enhance tourism in our area,
from which we all benefit. We have been property owners in VIrginia Beach for over 37
years. We welcome the expansion to the Military Museum. I serve as a docent there and was
a B29 pilot during the Korean War. Regards. Richard and Karen Waterval 204 Sandbridge Rd.
Virginia Beach, Va. 23456
l
1
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From: spritrig@cox.net [mailto:spritrig@cox.net]
Sent: Monday, November lOt 20083:05 PM
To: Carolyn Smith
Cc: EPY1@aol.com
Subject: Military Aviation Museumt Expansion Program
Mr. Smith - I am writing just to point out for informational purposes what a gem Virginia Beach
has added to a treasure chest already filled with gems. I am a Docent at the Museum on
Tuesdays and have seen visitors from as faraway as Wisconsin, Ohio, Pennsylvania and
Kentucky who have made side trips from the DC area, just to see our Military Aviation Museum in
its present confiiguration. It has already become a destination attraction and with the additions
described it's not too difficult to envision further commercial buildup along the General Booth Blvd
corridor and feeder roads like Dam Neck. I don't think it's much of a stretch to say that our
Museum will riv,al the Smithsonian Annex at Dulles as the expansion is completed with additional
benefit that we have actual artifacts flying in and out! And, our conservators are educators as
well, providing technical education to Aircraft Repair Technicians and doing Aircraft Restoration
and maintenance on site.
Robert B. Harvey, Ltc. U.S.Army, Retired
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From: MACMCCANTS@aol.com [mailto:MACMCCANTS@aol.com]
Sent: MondaYt November 10, 2008 1:58 PM
To: Carolyn Smith; Stephen J. White
Cc: EPY1@aol.com
Subject: MILITARY AVIATION MUSEUM
THIS IS EXPRESS MY SUPPORT FOR THE EXPANSION AT THE MILITARY AVIATION
MUSEUM. THE MUSEUM IS A VALUABLE ADDITION TO WHICH THE CITY SHOULD
SUPPORT IN ANY POSSIBLE MANNER.. AS A DOCENT AT THE VIRGINIA AQUARIUM,
DOLPHIN WATCH BOAT TRIPS, AND THE AVIATION MUSEUM, I CAN PERSONALLY SEE
THE BENIFITS IN MAKING THE CITY A PLACE TO VISIT AND LIVE
ALBERT E. (MAC) MCCANTS
AOL Search: Your one stop for directions, recipes and all other Holiday needs. Search Now.
(
Carolyn Smith
( From: Chuck Wyatt [wyattf14@wans.net]
Sent: Tuesday, November 11, 2008 6:48 PM
To: Carolyn Smith
Cc: Jerry Yagen
Subject: Military Aviation Museum
11 Nov 2008
Dear Ms Smith,
I am writing to offer my enthusiastic support for the approval of the zoning request for the construction proposals
and expansion to the Virginia Military Aviation Museum.
As you are probably aware, the existing facility is absolutely fantastic and adds a true aviation historical
perspective to the city of Virginia Beach and the cities contributions to military aviation dating back to the early
1900s. These additions would truly add even more historical significance to the existing facility while
simultaneously adding to the tourist appeal to the city of Virginia Beach.
I fully support Mr. and Mrs. Yagen's request on behalf of the Museum expansion. The city of Virginal Beach is
truly blessed to have this type of facility within its borders and will be well served with the approval of this request.
(
Sincerely,
Charles A. Wyatt
Capt USN (ret)
c
ll/12/2008
I
(
KEN PATTERSON I AIRSAPCE CONSULTANTS, INC.
Web: http://airspace-ken.com/
Phone: (770) 461-0563
FAX: (501) 638-5264
Email: kpacO@bellsouth.net
Overnight: 141 Massengale Rd., Brooks, GA 30205
WilLIAMS AVIATION
Web: http://williamsaviationconsultants.com/index.html
(
Mailing Address: Williams Aviation Consultants
8490 South Power Road #105-181
Gilbert, AZ 85297
( 480 )-98 7 -7823
(602)-513-7388
Williams.Aviation@wacaz.com
Phone:
Fax:
Email:
DELTA AIRPORT CONSULTANTS, INC.
Web: http://www.deltaairport.com/
Courtney A. Beamon, P.E.
Marketing Director
9711 Farrar Court
Richmond, VA 23236
Phone: (804) 275-8301
Fax: (804) 275-8371
\
Carolyn Smith
( From: Iteator@aoLcom
Sent: Tuesday, November 11, 2008 9:59 AM
To: Carolyn Smith
Subject: Military Aviation Museum Planning Commission
Dear Ms Smith:
I am very much in support of this request. The Virginia Beach Military Aviation Museum represents an
important part of our history. It is not only important to those who served our nation during a very
critical time in its history but to all those who came after..
If you have never takt::n a tour of this museum I strongly urge you to do so.
All the people in World Wars that this country has fought gave their todays so we could have our
tommorrows
Thank You
Lawrence J Teator
(
Instant access to the latlElst & most popular FREE games while you browse with the Games Toolbar - Download
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c
ll/12/2008
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Carolyn Smith
From: ANN BOHANNON [annrob2@verizon.net]
Sent: Tuesday, November 11, 2008 9:01 AM
To: Carolyn Smith
Cc: "BCC director"@aviationmuseum.us
Subject: Military Aviation Mueseum Planning Commission
Dear Madam, I am a docent at the aviation museum and can testify that the proposed additions to the
museum will certainly benefit the museum, the city and the community. The new additions will be
further from the street and not create any additional noise. Many of the people who have toured the
museum have enjoyed it so much that they have returned bringing friends and relatives. There are many
complimentary statements in the sign in roster. Robert Bohannon
11/12/2008
Carolyn Smith
( From: hawkinsusna69 [hawkinsusna69@cox.net]
Sent: Tuesday, November 11, 2008 10:44 PM
To: Carolyn Smith
Subject: VIRGINIA BEACH MILITARY AVIATION MUSEUM
Dear Ms Smith,
I am writing you in regards to expansion of the Virginia Beach Military Aviation Museum in Pungo. The Museum
has been visited by many tourists this summer and is a big hit. The proposed expansion that is being reviewed by
the Planning Commission on November 12, 2008 should be approved in it's entirety. I am a docent at the
museum, as well as a msident of Virginia Beach in the Pungo area, and my tours have had overwhelming positive
comments regarding tho current museum and the proposed expansion. Many are anxious to return to view the
expanded facilities. Please forward the proposal to the City Council with your strongest recommendation for
approval.
Sincerely,
John B. Hawkins, Jr.
2529 Greystone Street
Virginia Beach, Virginia 23456
f
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11/12/2008
BUKOL,A A. ODUYELU
Conditional Zoning Cf/ilngc f,om R-2U to Conditional 0-1
Relevant Information:
· Princnss Anne District
· The applicant proposes to rezone the existing R-20 property to 0-1
Office to build an office for his dental practice.
· The dl~sign of the dental office is a transitional style with a mansard
architl9ctural grade shingled roof and masonry exterior. The building
is designed as one-story with a small second floor office space.
· AICU2: is 70 to 75.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (8-2)
· There was opposition
,
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: BUKOLA A. ODUYELU, D.D.S., P.C. Chanae of Zonina District
Classification, R-20 Residential District to Conditional 0-1 Office District, 2264
London Bridge Road. PRINCESS ANNE DISTRICT
MEETING DATE: December 9,2008
. . Background:
The parcel consists of 1.4 acres, is currently zoned R-20 Residential District, and
is located within the 70 - 75 dB Ldn AICUZ. A single-family dwelling is located on
the property. The applicant proposes to rezone the property to 0-1 Office for the
purpose of developing an office for his dental practice.
This site is in Strategic Growth Area 10 South Oceana Area of the
Comprehensive Plan. Due to high AICUZ in this area and the incompatibility of
residential development to that AICUZ, the eastern region of this Strategic
Growth Area is recommended for high quality, well landscaped low to mid-rise
offices and corporate parks, especially within those areas located adjacent to
existing stable neighborhoods (p 83).
. Considerations:
The location of the dental office building is proposed for the front of the lot, as far
as possible from the neighborhood to the west. A wide landscape buffer
separates the proposed parking area from the residential lots in that
neighborhood. The design of the proposed building is a transitional style with a
mansard-style architectural grade shingled roof and a masonry exterior. Gabled
end "bump outs" feature a palladium window detail on one with the other
proposed for the building signage. The building is designed as a one-story with a
small second floor office space.
The proposed development is compatible with Strategic Growth Area 10 and with
the guidelines of the Comprehensive Plan for this area. The subject parcel, as
well as the other undeveloped and under-developed parcels zoned Residential in
this area, are not appropriate for residential development due to the fact that
residential use is not a compatible use within this AICUZ. Moreover, parcels
zoned Agriculture on the south side of the street are not appropriate for
residential development for the same reason. Retail commercial and light
industrial uses are not appropriate for these parcels due to their location adjacent
to developed stable residential neighborhoods. Staff, therefore, concludes that
Bukola Oduyelu
Page 2 of 2
the most appropriate use if high-quality, well-designed, low-intensity professional
office uS1es, which include low-level lighting and enhanced landscape buffers
adjacent to the residential areas. Based on this conclusion, the applicant's
proposal to rezone the subject site for a dental office is appropriate and
desirabIE~. Instead of developing the site with AICUZ-incompatible home, as
allowed by-right with the existing R-20 zoning, the applicant is proposing an
AICUZ-compatible use and is proffering a site and building design that ensures
compatibility with the nearby residential area.
There was opposition to this request at the Planning Commission public hearing.
In response to the issues presented by the opposition, the applicant revised the
proposal by (1) eliminating a proposed future building at the rear of the site that
was shown on the previous site plan, (2) reducing a row of parking that was
closest to the neighborhood, and (3) widening and enhancing the landscape
buffer adj.acent to the neighborhood. The revised plan is included in this package.
. Recommlendations:
The Planning Commission passed a motion by a recorded vote of 8-2 to approve
this request as proffered.
. Attachme!nts:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Al::tion: Staff recommends approval.
approval.
Planning ~ommission recommends
~\N
Submitting Department/Agency: Planning Department
City Manager:~) 1L, C5B ~
BUKOLA
ODUYELU
Agenda Item 2
November 12, 2008 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
Chanoe of Zonino District Classification from
R-20 Residential District to Conditional 0-1
Office District.
ADDRESS I DESCRIPTION: Property located at 2264 London Bridge Road.
GPIN:
24056048570000
COUNCIL ELECTION DISTRICT:
PRINCESS ANNE
SITE SIZE:
Approximately 60,065 square feet or
1 .4 acres
SUMMARY OF REQUEST
The applicant proposes to rezone the existing R-20 property to
0-1 Office to build an office for his dental practice. The proposed site plan is designed to also allow for a
fl:Jtl:JFe 5ffisller 8l:lilail'l~ 8Aa associated parking towards the rear of the site.
The design of the dental office is a transitional style with a mansard architectural grade shingled roof and
masonry exterior. Gabled end bump outs feature a palladium window detail on one with the other
proposed for the building signage. The building is designed as a one-story with a small second floor office
space.
EXISTING LAND USE: Residential site
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
LAND USE AND ZONING INFORMATION
. Single-family dwellings I R-20 Residential District
. Across London Bridge Road is a horse farm and the entrance
into a residential community I AG-2 Agricultural District and P-1
Preservation District
. Undeveloped wooded property I AG-2 Agricultural District
BUKOLA ODUYELU
Agenda Item 2
Page 1
West:
. Single-family dwellings / R-20 Residential District
NATURAL RESOURCE AND
CULTURAL FEATURES:
The majority of the site is developed as a single-family home site.
AICUZ:
The site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana.
The proposed use is compatible to this AICUZ.
IMPACT ON CITY SERVICES
MASTER TI~ANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): London
Bridge Road in the vicinity of this site is a four-lane divided minor suburban arterial. London Bridge
Road is located within the limits of Capital Improvement Program project 2.089, Southeastern Parkway
and Greenbelt (Partial). This project is currently in the preliminary design phase. London Bridge Road
has a variable width right-of -way, and the Master Transportation Plan shows a divided roadway with a
bikeway and an ultimate right-of-way width of 100 feet.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
London Bridge 21,062 ADT ' 28,200 ADT ; 1,470 Peak Existing Zoning" - 31
Road 1 ,256 PM Hour (Level of Service "C") ADT
Peak Hour 30,600 ADT 1 ; 1,600 Peak Proposed Land Use 3 -
Hour (Level of Service "0") - 450 ADT; 24 AM peak
Capacity hour, 12 PM peak hour
32,800 ADT 1; 1,710 Peak entering
Hour (Level of Service "En)
Average Dally Tnps
2 as defined by 1.833 acres zoned R-20
3as defined by 12,461 SF of medical/dental office
WATER: This site must connect to City water. There is a 10-inch City water main on London Bridge Road.
SEWER: Sanitary sewer does not front the property, but the sanitary sewer at the end of Mayberry Drive may
be extended for connection purposes. Plans and bonds are required for extension of sanitary sewer system.
Analysis of pump station # 643 and the sanitary sewer collection system is required to ensure future flows.
STORMWATE:R: The stormwater management facility appears small for the impervious area shown on the
plan. Enlargement of the facility could result in significant changes to the site layout. Further review will occur
during DSC Site Plan review.
POLICE: A photometric plan should be provided for review by the Police Department or appropriate City staff.
The lighting plan should include the height of poles located in the parking lot along with the location of all pole
mounted and building mounted lighting fixtures. The plan should also list the lamp type, wattage and type of
fixture. It is recommended that full cut-off fixtures be used for parking lot lighting. To the greatest extent
BUKOLA ODUYELU
Agenda Item 2
Page 2
possible, lighting should overlap and be uniform throughout the parking lot.
FIRE: No Fire Department comments at this time.
GAS: Virginia Natural Gas indicated that there are no gas facilities in front of or within this property.
Recommendation:
Staff recommends approval of this
request with the submitted proffers provided below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
This site is in Strategic Growth Area 10 South Oceana Area of the Comprehensive Plan. The eastern
region of this Strategic Growth Area is recommended for high quality, well landscaped low to mid-rise
offices and corporate parks, especially within those areas located adjacent to existing stable
neighborhoods (p 83).
Evaluation:
The proposed development is compatible with Strategic Growth Area 10 and with the guidelines of the
Comprehensive Plan for this area. The submitted building rendering depicts a transitional design using a
predominately masonry exterior with architectural grade roof shingles.
In the Design Guidelines for Strategic Growth Areas, it is stated that developers should locate buildings
close to the pedestrian street with off-street parking behind or beside buildings (p 182). The applicant's
main building is sited to the front of the property with parking is in the rear.
The Design Guidelines also note that wherever possible, parking areas should be joined to create an
internal circulation network. Minimize or eliminate curb cuts by sharing vehicular access with adjacent
properties (p183). The applicant has proffered to grant an appropriate ingress I egress easement to serve
the adjoining property from the entrance drive aisle along the west side of the Property.
Finally, the Design Guidelines state that quality landscaping is essential to the built urban environment
(p183). Various landscaping is provided in the front yard, side yards and in throughout the parking area.
In sum, staff recommends approval of this request as proffered.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to .offset identified problems to the extent that the proposed rezoning is acceptable,.
(91 07(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
BUKOLA ODUYELU
Agenda Item 2
Page 3
PROFFER 1:
When the property is developed, it shall be developed substantially as shown on the exhibit entitled
"CONCEPT PLAN, PROPOSED MEDICAL OFFICE FOR DR. BUKOLA A. ODUYELU, DDS, PC" prepared
by Gallup Surveyors & Engineers, Ltd., dated June 19, 2008, which has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan").
PROFFER 2:
When the building designated "Proposed Medical Office Bldg." on the Site Plan is developed, its exterior
appearance shall be substantially similar in architectural features and details as the building depicted on the
exhibit entitled "Proposed Medical Office for: Pediatric Dentistry Bukola A. Oduyelu, DDS, P.C. London
Bridge Road Virginia Beach, Virginia", which has been exhibited to the Virginia Beach City Council and is on
file with the Virginia Beach Department of Planning (hereinafter "Rendering"). The exterior building materials
depicted on the rendering are stone, masonry (brick), dryvit and architectural shingles.
PROFFER 3:
When the building designated "Proposed Office Bldg." on the Site Plan is developed, it shall be primarily
residential in scale and substantially similar in appearance with similar architectural features and building
materials as the "Proposed Medical Office. Architectural elevations and building material samples shall be
submitted to the Director of Planning or his designee for review and approval prior to issuance of a building
permit for the "Proposed Office Bldg.".
PROFFER 4:
The Grantors will agree to grant an appropriate ingress / egress easement to serve the adjoining property
designated "N/F WALTER & DOROTHY I. O'NEAL" ("N/F O'NEAL") on the Site Plan, from the entrance
drive aisle along the west side of the Property, subject to said property being rezoned and redeveloped for
an office use and the owners of the "N/F O'NEAL" property executing a reasonable shared maintenance
agreement with the Grantors which reflects a reasonable sharing of construction and maintenance costs for
the drive aislEI and associated improvements, including landscaping.
PROFFER 5:
All outdoor Iig:hting shall be shielded, deflected, shaded and focused to direct light down onto the premises
and away from the adjoining property.
PROFFER 6:
Any freestanding sign shall be monument style, no greater than six feet (6') in height with a base matching
the material on the exterior of the Office Building.
PROFFER 7:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements,
STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the
project.
The City Attorney's Office has reviewed the proffer agreement dated June 19, 2008, and found it to be
legally sufficiEmt and in acceptable legal form.
BUKOLA ODUYELU
Agenda Item 2
Page 4
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
BUKOLA ODUYELU
Agenda Item 2
Page 5
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AERIAL OF SITE LOCATION
BUKOLA ODUYELU
Agenda Item 2
Page 6
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Agenda 'tem 2
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BUKOLA ODUYELU
Agenda Item 2
Page 8
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11
I 04/28/80
Conditiona/7.oning Cfwngc from R-2U to Conditional 0-1
I Rezoning from R-3 to R-5 ~ Granted
ZONING HISTORY
BUKOLA ODUYELU
Agenda Item 2
Page 9
,.,.
'.
II DISCLOSURE STATEMENT
~
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm. business, or other unincorporated
organi2:ation. complete the following:
1, List the applicant name followed by the names of all officers, members, trustees.
partners, etc. below: (Attach list if necessary)
Bukola A. Oduyelu, D.D.S., P.C.: Bukola A, Oduyelu, President
2. List all businesses that have a parent-subsidiary1 or affiliated business entitY
relationship with the applicant: (Attach list if necessary)
o Chl~ck here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if properly owner is different from applicant.
If the property owner is a corporation, partnership, firm, business. or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
Barbara Ann Hyman and Jacqulon E. Green, Co-Executrixes of the Estate of Nannie
Owens
2. List all businesses that have a parent-subsidiary' or affiliated business entitl
relationship with the applicant: (Attach list if necessary)
X Check here if the property owner is NOT a corporation, partnership, firm, business,
or ,other unincorporated organization.
~ee next page for footnotes
CondItional Rezoning Application
Page 11 0112
Revised 9/1/2004
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Agenda Item 2
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DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Sykes. Bourdon, Ahern & Levy. P.C.
Gallup Surveyors & Engineers, Ltd.
William B. Smith, Esquire
Long & Foster Realty
1 "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code 9 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent-subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity. (ii) a controlling owner in
one entity is also a controlling owner in the other entity. or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va.
Code 9 2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
accordi g to the instructions in this package.
Buko '. duyel-p, D.D.S., e.:..c- 1-
By: L ~ .
Appli nt's Signature
Estate of Nannie Owens
I
Property Owner's Signature (if different than applicant)
Bukola A. Oduyelu, President
Print Name
Barbara Ann Hyman, Co-Executrix
Jacqulon E. Greene. Co-Executrix
Print Name
Conditional Rezoning Application
Page 12 of 12
Revised 9/1/2004
BUKOLA ODUYELU
Agenda Item 2
Page 11
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DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Sykes, Bourdon, Ahern & Levy, P.C.
Gallup Surveyors & Engineers, Ltd.
William B. Smith, Esquire
Long & Foster Realty
1 "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code ~ 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent-subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va.
Code ~ 2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
accordi g to the instructions in this package.
Buko . duyel~. .Q,Q.S.. ~
By: /- L--='
Appli nt.s Signature
E}Jate of Nannie Owens
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Pro 0 er' Si nature (if diff
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Condijional Rezoning Application
Page 12 of 12
Revised 9/112004
DISCLOSURE STATEMENT
BUKOLA ODUYELU
Agenda Item 2
Page 12
Item #2
Bukola A. Oduyelu
Change of Zoning District Classification
2264 London Bridge Road
District 7
Princess Anne
November 12, 2008
REGULAR
Janice Anderson: Next we will be hearing the remaining items as soon as everyone leaves.
We'll take a break. Okay. I think that is everyone. I'm going to ask the Secretary to call the
first item.
Donald Horsley: The first item is item 2. Application of Bukola Oduyelu, D.D.S., P.C. for a
Change of Zoning District Classification from R-20 Residential District to Conditional O-l
Office District on property located 2264 London Bridge Road, District 7, Princess Anne. Mr.
Bourdon?
Eddie Bourdon: Thank you Mr. Horsley. Madam Chair, for the record, my name is Eddie
Bourdon and I'm a Virginia Beach attorney representing Dr. "0". Dr. "0" is here. I hope I
don't mess it up. Oduyelu (O-DEW-AYE-LU) is how it is pronounced.
Janice Anderson: He is going to blame it on me now. He wasn't going to say it.
Eddie Bourdon: The request as explained is an application to rezone a piece of property that
is in the 70-75 dB LDN around NAS Oceana from R-20 to 0-1. 0-1 is a limited office
district. It is not a commercial district. It is an office district that by definition is an
appropriate transitional district from residential to a higher density development. The
property in question had a house on it for decades and decades back when London Bridge
Road was a winding two-lane street when this house that is on the property was built many
decades ago. A lot has happened since the time, not the least of which being the
improvement to London Bridge Road to a four-lane arterial highway as opposed to a
residential street or a country road, which is what it was at the time. The property originally
had a house placed on it. The other big thing that has taken place is BRAC, OPNA V, JLUS
and all ordinances that we have adopted as a consequence of that order to protect NAS
Oceana. All of which, I would point out were put in place before the homes in Mayberry
were developed. The reality of today in our Comprehensive Plan, and our Comprehensive
Plan for the last number of years since BRAC is that the non-conforming use here is what
you see right here (pointing to PowerPoint) not the office use that we are proposing for this
piece of property. Office is a compatible use under all the ordinances that we have adopted
to protect NAS Oceana. In addition to that, the idea of putting a couple of houses on this
property, on this major arterial highway from a land use standpoint as you have heard from
your staff makes little, if any, sense if we look around the city, where residential
development is successful. The office proposal is a very limited one. It is one that I can't
envision the lack of compatibility of a dental office with residential especially when the
Item #2
Bukola A. Oduyelu
Page 2
office is of residential character, residential style and scale. The office will actually be over
in this section of the property. As far away as possible from the homes here versus the
existing home that is there. We worked with staff. Initially we had proposed the entrance on
the east side of the property. We've flipped the entrance. We've moved the building over to,
which would be the south east side of the property in order effectuate the potential. We
proffered for the other, what I consider potential redevelopment site, which would happen at
some point when the property becomes available, either Dr. "0", or any other third party. It
is not limiting their marketability of another third party buys this property and wishes to seek
to rezone it for a limited 0-1 Office use, not a commercial use, we have proffered that access
can be obtained. So, it's not just for this owner but a future owner if it is a third party can
still utilize this access as long as reasonable agreements are put in place. We have done this
a number of times in the city. I've been involved in a couple of them, to provide for
maintenance of that drive aisle by the two property owners. So we will be eliminating curb
cuts. We keep the ;arterial performing its function of moving traffic through. I am aware
apparently there is some opposition and some of the opposition is allude to the fact that
offices aren't permitted in the significant industrial development that is taken place just to the
west of this on London Bridge Road, which I have a good deal of information about because
I own some of the property there. Those properties are all the subject of easements that the
Navy acquired back in the late 70s and early 80s and paid considerable monies to the
property owners to in essence limit what they could do with their property to industrial types
of uses. That is not what is taking place on this piece of property. It is also not what is
taking place on this large parcel across the street that will inevitably at some point, some day,
I don't know when, At some point as long as we're here, we still wish to protect it as a vital
part of our community, this will be developed in some form or fashion that is either an office
type of a use or an industrial type of a use that are the compatible uses that are permitted by
all of our agreements with NAS Oceana and the Navy as they currently exist. Now, they
have changed a time or two and I won't get into all that. But the reality is that when we
looked at this piece: of property and stafflooked at this piece of property, we couldn't
conceived of a better use for the property than a limited office use, residential in scale as far
as the building is concerned on this piece so that is why you have this application with the
considerable proffe:rs that have been put forth and with the recommendation of your staff. I
have spoken to the developer of Mayberry. I have spoken to him within the last week and
offered to meet with him. And I think he has an understanding and appreciate of the situation.
I don't believe he has come down today. This is the house on the little triangular piece that
was not part of this application. It is separate ownership. It is a separate piece of property
but that is the parcd that we have provided for potential access for if and when it redevelops.
Somebody builds a house and replaces that house at some point or lives in that house they
can continue to use their driveway. We're not affecting them in any way whatsoever. And
this house, obviously with this redevelopment, this house will be taken down and the office
building that is pro~posed will be over in this area of the property to the east of the existing
residence. Again, ]'11 be happy to answer any questions regarding the proffers or anything
else that I've said. I'm looking forward to having the opportunity to rebut. We moved the
dumpster as far away as possible. We've agreed to landscape the buffer on the back of the
property adjacent to the backyards of the three homes that adjoin it. The nearest point of our
office to the back of the home in Mayberry is approximately l40 feet away, so we are not
Item #2
Bukola A. Oduyelu
Page 3
close proximity to it. And again, it's an office. It is a dental office. It is not a night club. It
is a bar. It's not a restaurant. It is not a retail outlet. It is a dental office. I'll be happy to
answer your questions.
Janice Anderson: Are there any questions of Eddie? Go ahead AI.
Al Henley: Mr. Bourdon, I know I'm correct on this. The larger building that would front
London Bridge Road is lO,OOO square feet that would actually be the dental office. Is that
right?
Eddie Bourdon: That is correct.
Al Henley: In the rear of the, can we put the site plan back up? In the extreme rear of the
triangle there is another proposed building. This is so fine print. Is it 2,000 square feet or is
it 7,000 square feet?
Eddie Bourdon: It is 2,000 square and it is a potential future additional office building but it
is not something Dr. "0" has the current intent to develop a second office building but it
would be an office building proposed. If a potential office building that would come in if,
and especially if you wound up with a development here, you may wind up ending up doing
this. You may wind up with an office here ifhe is able to purchase this property. But
because the parking area is sufficient to provide for, we provided for the potential for a small
office in the back at some point in the future. That is why this is on there.
Al Henley: Okay. So, if this application as we see it today is approved, than of course the
proposed office in the rear also goes along with this approval, and that can be developed
somewhere in the future.
Eddie Bourdon: It can be developed in the future. The plans in terms of the architecture and
the material would have to match the building in the front, and the Planning Director would
have to approve that at that time as it is proposed today.
Al Henley: Okay. Thank you.
Eddie Bourdon: You're very welcome.
Janice Anderson: Are there any other questions? Thank you.
Eddie Bourdon: Thank you.
Donald Horsley: Our first speaker in opposition is Daniel Day.
Daniel Day: Good afternoon Madame Anderson, Commissioners.
Janice Anderson: Good afternoon.
Item #2
Bukola A. Oduyelu
Page 4
Daniel Day: For the record, my name is Daniel Day and I live at l804 Mayberry Drive,
which is approximately 500 feet to the north of this proposed application.
Janice Anderson: Could you pick up the little pointer.
Daniel Day: I'm not on this map.
Janice Anderson: So, you are above it?
Daniel Day: Yes. Right. I'm here to speak for the record that we, and when I say we, my
family and I are totally against this application. It just does not fit with the surroundings.
When we purchased our property, it was to believe, no understanding, that there was nothing
on paper, but it was the belief it was to remain as a low to medium density housing as well as
the A G-l. I know that a lot of that has been changed. Mr. Bourdon was mentioning the
BRAC and all the AICUZ that has been effect. It still doesn't take away from the fact that
we have a residential setting here. He did mention that BRAC came along before the
subdivision but that is actually not true. The property has been zoned residential since 1969.
It was part ofthe subdivision ordinance that took place at that time. So, BRAC was
precluding this. It wasn't anything that came before it regardless. I don't know if you guys
have had a chance to take a look at the property or visit the property?
Janice Anderson: Yes we did.
Daniel Day: Okay. Then you noticed the nice vegetated low density feel of the property.
Could you imagim: waking one morning and just looking at nothing but lights and a
commercial application when you thought there was going to be a residentially zoned piece
of property for etemity. That is why you buy a property on. You don't make a $500,000 to
$600,000 investment with the thought that you're going to be moving next to some type of
commercial, or a Mr. Bourdon called it "an industrial or office setting". I'm not quite sure
why the applicant chose this piece of property. To me it doesn't make one business sense of
the ingress/egress access that goes with it. I'm noticing the light here. I'll make it quick.
Again, just for the record, my family and I are totally against this as well as believe as several
members of the Mayberry subdivision. One more thing if I may? The properties adjacent to
this, and Ms. O'Neal, who happens to be the daughter of the previous owner of the property
is in total opposition. I have a petition that states that to the fact that she is in ill health right
now. She is asking me just to come and mention that for the record, as well as the people to
the east. Mr. Hysinger, ht:: and is wife are in ill health and are unable to make the meeting
today. But they both have: signed the petition that was generated asking for denial of this
application.
Janice Anderson: Thank you Mr. Day. Are there any questions of Mr. Day at this time?
Al Henley: I have a question. How are you doing today Mr. Day?
I" 1
Item #2
Bukola A. Oduyelu
Page 5
Daniel Day: I'm just fine Mr. Henley.
Al Henley: I noticed on the petition a number of people made comments that it does not
belong. Do you have an idea or do some of your neighbors what you would like to see go
there?
Daniel Day: Well, I can't sit here and say that Mr. Henley. I'm not sure what the use should
be. It is zoned residential so I would feel that either low density, which is what it is zoned for.
That is what every piece of property within a mile of this is zoned either low to medium
density or agricultural. It is just like going in the middle of King's Grant and putting a
7/Eleven between two houses. It is not the right application for this. Again, I know it is an
office setting as Mr. Bourdon clearly indicated and it fits the BRAe and AICUZ setting but it
is a commercial setting. Anytime you have a site ordinance that applies to this application,
which is does as you look through your package, we have parking lot lighting, which is going
to be run all night long for security reasons. Plus the proposed second dwelling at the very
rear of this property is going to be approximately 75 feet off the backdoor of somebody who
just moved in there three months ago. Again, I'm not going to speak for them because I live
behind this. But again, it is not the right application.
Al Henley: Thank you.
Janice Anderson: Thank you. Are there any other questions? Thank you Mr. Day.
Donald Horsley: Stuart Jones.
Janice Anderson: Welcome Mr. Jones.
Stuart Jones: Thank you. Members ofthe Commission. I don't live in the area. I bought all
of the lots from the developer.
Ed Weeden: Could you please state your name?
Stuart Jones: Stuart Jones. I bought all of the lots from the developer. So, the remaining lots
there now belong to me that back up to the property. I also am the President of Mayberry
Homeowners Association and I have several calls from homeowners that are in opposition.
So, I'm only voicing the opposing as President of the Homeowners Association. I do not live
in the neighborhood. I own property, which Lot 4, I believe backs right up to this piece of
property is an undeveloped lot which I currently own. And, I think it would be a hindrance
to me in trying to develop this property with a parking lot behind it with lighting there as Mr.
Day has stated all evening long. As President of the Homeowners Association, I'm in
opposition and speaking for the Association. Thank you.
Janice Anderson: Mr. Bernas has a question for you Mr. Jones.
Stuart Jones: Yes.
Item #2
Bukola A. Oduyelu
Page 6
Jay Bernas: I know you don't live there but if this were to be approved, what could you live
with? They put up some fencing. They eliminate the building in the back. What would be
good for you?
Stuart Jones: I think with the elimination of the building in the back would greatly enhance it
and if we could soften that area that is behind these houses. This building here is right on top
ofthese lots here (pointing to PowerPoint). If this was some screening from this area here,
and we soften this area in the back, this is going to enhance these people who live right
abutting this property. It doesn't appear to me that it would be required. If they're talking
about the limited use here they wouldn't need parking area from this area back. They could
vegetate this or with plantings in here and screening this, could soften the use of the property
there.
Janice Anderson: Are there any other questions? Mr. Jones, you do know that the proposal
does have plantings and screening.
Stuart Jones: I can see that but the lights are right up against that property line there.
Janice Anderson: So, you're concerned with the lights.
Stuart Jones: Yes ma'am.
Janice Anderson: Thank you.
Stuart Jones: Thank you.
Donald Horsley: Okay. Our next speaker is Eugene Bryan.
Janice Anderson: Thank you Mr. Bryan. Please state your name.
Eugene Bryan: Eugene Bryan. Good afternoon. I guess I have the saddest story of them all.
I'm a custom home builder. Aside from that fact, I'm actually one of the property owners for
one of the houses that abut to this property. It is lot 3.
Janice Anderson: Could you go back to the site plan?
Eugene Bryan: YI;:S. Actually that house right there (pointing to PowerPoint). One of the
draws to Mayberry when [ first started looking at the property was it kind meandered through
the woods real nice. It was very residential. Pine Ridge right here across the street and then
the new subdivision that is over Prince George County Estates, I think it is, and then
Castleton. They were all very nice residential neighborhoods. I have three other lots that are
in this neighborhood as well. This was one of the homes that I built (pointing to PowerPoint)
that I think one of our residents is here. This is the one I built here. I think it is this one right
there. The problem I have and even though this is a very nicely wooded neighborhood, that
particular home that I have, Lot 3 does not have a tree in the backyard at all. That is the last
Item #2
Bukola A. Oduyelu
Page 7
home that I have that is built to sell. I just feel with a paved parking lot, cars right dead in the
backyard of this very nice home, I feel it is going to detour our sales terribly. We have
already been in a down market and having a real hard time sellIng it as it is. I just feel with a
property, an office building and parking situation behind it, I feel that is really going to hurt
us in our sales. I also have a lot in the neighborhood that I'm considering moving to myself.
Obviously, I do have some personal concerns as far as having an office there. But as the
contract, it does concern me having that parking lot right behind the house I'm trying to sell.
Currently, it is zoned residential I guess and it is a nice partially wooded and landscaped area.
It is a real view out the back. So, it does concern me greatly.
Janice Anderson: Are there any questions for Mr. Bryan? Go ahead Joe.
Joseph Strange: How far is the property line from the house that doesn't have any trees on it
from the back of the house to the property line?
Eugene Bryan: I should have brought my site plan with me. I could have told you exactly.
The homes are set back 50 feet in Mayberry. Normally the setbacks are about 30 feet. In
Mayberry they set the houses back even farther to give it a much better street view. So, this
residence, if you notice the garage sets pretty far forward so it kicks a back a way good ways.
I'd say that I'm probably 60 feet from the back property line somewhere in there. So, it is not
huge backyard. Unfortunately, there are no trees of any type or any Leyland Cypress or
shrubberies with any height that prevent a view of looking all the way across there, which is
currently woods, landscaping, and grass.
Janice Anderson: Mr. Bryan, 1 have a question. Would you prefer like some type of fencing
or do the other properties have fencing behind them?
Eugene Bryan: Right now all the fences that have been installed are the Jerith, the open south
fence. The black kind of wrought iron aluminum, it looks much nicer than privacy fences. I
guess the thing that I'm trying to is put myself and who was to ever to buy the house's shoes.
And looking out my backyard, I'm either looking at a big privacy fence and then maybe over
that because the house is elevated. These are all crawl spaces and they are pretty high. And
you're actually seeing into a parking lot with parked cars. That type ofthing. I'm sure we're
close to Oceana so I'm figuring there are going to be kids involved. I know the
neighborhood has a lot of small children. I just don't want to see anything happen that could
cause people worrying about living in this neighborhood where children could be playing in a
parking lot. If there is a fence obviously they can't get back there. And then of course the
lights they're talking about as well. It just seems like to me not a good fit for a residential
community.
Janice Anderson: Are there any further questions? Barry?
Barry Knight: Mr. Bryan, it looks like you and Mr. Jones are probably going to be as greatly
affected as anybody because you backup to it. Jay Bernas asked a very good question of Mr.
Jones, which I don't mean to put anything on the table because I haven't talked to anyone
Item #2
Bukola A. Oduyelu
Page 8
about this. A hypothetical if the building in the back wasn't to be there like Mr. Jones had
suggested and the parking lot was not to be quite as much because you wouldn't need as
much parking requirements into the area, I'm kind of just looking for a compromise here.
Eugene Bryan: Right.
Barry Knight: Do you think that would satisfy some of your concerns? All of them?
Eugene Bryan: It would definitely help. Of course, I can't speak for the other two homes.
They kind of have the same concerns too but if they redesign something that maybe curved
away from our property lines and put a nice buffer there where you're not looking out into a
parking lot. I think the greatest concern that I have is looking commercial. I kind of try to
make it. If you notice the landscape and it is very hard to see from that picture, but we put a
tremendous amount of money in all sodded yards, big landscape packages. We didn't get
real heavy in the back because we didn't have a concern back there. And now to bring those
in and even cutting down the amount of room they have behind the house but if they could
come up with a plan that would really, so that you don't get up in the morning and you're not
looking at a parking lot of cars parked there, people going to work if it is your day off and
everybody is pulling in and going to the dentist office. That first house on the left is one of
the ones that we built and you can see the landscaping there. That could perhaps be a
solution. I would like to see it a pretty good distance away though. I don't want to move
into that house myself.
Janice Anderson: Thank you.
Eugene Bryan: Thank you.
Donald Horsley: Our next speaker is Joseph Raetano. Is that right?
Janice Anderson: \Velcome. Please state your name.
Joseph Raetano: My name is Raetano. I live at 1701 Lenoir Court in Mayberry. I'm
completely against this construction or any other commercial ventures in my neighborhood.
I recently purchased my property and I feel it is going to be the value down. I'm also against
the increase traffic flow. It is very difficult to get in and out of Mayberry to try to come
around that comer, and come out onto London Bridge. The increase traffic flow is going to
make it a bear to get in and out of Mayberry. I just want to repeat that I'm against this
commercial adventure.
Janice Anderson: Okay. Are there any questions for Mr. Raetano? Thank you sir.
Donald Horsley: Our last speaker is Mark Schryer.
Janice Anderson: 'Welcome sir. Please state your name.
Item #2
Bukola A. Oduyelu
Page 9
Mark Schryer: My name is Mark Schryer. I own Lot 5. I'm right there (pointing to
PowerPoint). My house is probably 60 feet from where that second building is. Also, our
fences are the open style fences. We are not allowed to have privacy fences. So, I would be
looking at that building all the time, and one of the reasons why we bought into that
neighborhood and spent so much money was because of the woods. There are a lot of deer.
There is a black bear roaming through there.
Janice Anderson: You better be careful.
Mark Schryer: Yeah. I've got a fenced yard. But that is the reason why people bought
there. That is why we spend the extra $150,000 to buy in that neighborhood rather than
Prince George Estates. They don't have trees. So, by doing that I'm losing $150,000 by this
doctor's building being built. I could have saved the money and bought into a different
neighborhood in the same school district.
Jancie Anderson: Are there any questions for Mr. Schryer?
Donald Horsley: Show me with the pointer is that you? The last house?
Mark Schryer: I'm the last house right there.
Donald Horsley: So if they did what they were talking about that would eliminate your
problem.
Mark Schryer: Yes. But again, there would be all the street lights. I don't have any curtains
in the back of my house because there are no lights. I see nothing but trees and the deer
waking through the yard, foxes. My dogs go crazy.
Janice Anderson: Are there any other questions? Okay. Thank you Mr. Schryer:
Mark Schryer: Thank you.
Janice Anderson: Is that it?
Donald Horsley: That's it.
Janice Anderson: Mr. Bourdon?
Eddie Bourdon: Thank you Madam Chair. First of all, I want to make one thing clear. I will
agree with Mr. Day's observation that the zoning may have been in place on this property
before BRAe, JLUS, and OPNA V and all of our ordinances but not any houses. These
houses weren't built until all of that had been put in place. All of those ordinances were
already completely in place before any houses got built out here. So, anyone buying a house
in that neighborhood was charged with having known they were buying a house in an area
where the city's policy is we don't want anymore residential. We want Navy compatible,
Item #2
Bukola A. Oduyelu
Page lO
Oceana compatible housing. None ofthe folks who have the vacant lots and Mr. Jones is a
wonderful man, and I respect him greatly, as well as Mr. Bryan. They bought lots in houses
in an area that our zoning ordinance says is not where we want to put anymore houses but
having said that. The Prince George Estates, those houses adjoin and abut existing industrial
development that is permitted the AICUZ easements and by Zoning of those properties for
industrial use. Again, this is not an industrial rezoning. This isn't even a commercial
rezoning. This is 0-1 limited office rezoning. The parking lot lighting? There is no parking
lot lighting that is proposed to face the back of these homes. There is a 15 foot landscape
buffer on our prope:rty before you get to the parking lot. Weare required any lighting must be
directed inward and again, because it is an office, it is not going to be open at night. The
only lighting that will take place is security lighting on the building. There will be parking
lot lighting at nighttime because there won't be anyone using the parking lot at night because
it is a dental office. It is a dental office. It is not a commercial use. The houses, and Mr.
Bryan was right, his house is about 60 feet from the back property line. The elevation of
these houses are larger and higher in elevation then this office building that is proposed is.
And this property is not in the Mayberry neighborhood in any way, shape, manner or form. It
is a piece of property which has existed for decades and decades on London Bridge Road.
Here is something that might be of some benefit for these folks to hear. The property to the
east is all part of the Hunt Club Development, which were five acre farmettes. They were
carved off many, many years ago, and those properties will, because of their deed
restrictions, at least everything I know. Some of you will recall the City and I got trapped
into buying some of that property to expand the office park that the City has to the north,
Corporate Landing and it can't be done. So, what's to the east of these two pieces of
property will remalln as long as their deed restrictions are enforced by the people who live in
those homes on those five acre farmettes. That is pretty much of what you're going to see
because of those deed restrictions, which the City ran up against a few decades ago. But
these two pieces of property are not a part of Mayberry. They never have been. It can't be.
We, as a city need to deal with how best to see that property developed and we are going to
deal with the same piece across the street or same situation across the street where you have
over 20 acres that by our ordinance now, which will join residential is going to be office or it
is going to be some type of industrial or light commercial. I'll be happy to answer any
questions that any of you may have.
Janice Anderson: Go ahead Gene.
Eugene Crabtree: Mr. Bourdon, how many dental chairs or how many people are going to be
there at his assistance. How many chairs do you plan to have at this dental office?
Eddie Bourdon: I'll have to ask.
Eugene Crabtree: How many dentists are actually going to operate out of there?
Eddie Bourdon: I'll ask Dr. "0" who is here. I don't know the answer.
Eugene Crabtree: The reason for asking this question is if you are only one dentist, you have
Item #2
Bukola A. Oduyelu
Page 11
one dental hygienist, and you have a couple of other assistants, normally you don't have over
three or four chairs. And all of those parking spaces you got back there, you're not going to
have 20 patient's n this office at one time. If that is all you have.
Eddie Bourdon: I will ask. I think the intent there will be more than one medical/dental
office.
Eugene Crabtree: How many professionals are going to be operating out of that building that
will have workable dental chairs?
Eddie Bourdon: I will get you answer to that. Excuse me just a minute. Mr. Crabtree? It is
a Pediatric Dental practice. It's for children.
Eugene Crabtree: It is not going to be an office. It is going to be a clinic. Is it not?
Eddie Bourdon: It is not a clinic. It will be two dentists. Because it is children involved, it
actually will have roughly l2 to l5 chairs that they will be utilizing because you're using
hygienists in that type of practice. It is pediatric dentistry. It is for children. You have a
great number of chairs in that situation because you're dealing with families as opposed to
adults.
Eugene Crabtree: The reason why I was asking this is because if you don't have that many
why would you need as many parking spaces as you show on the plat? And why couldn't
some of those be eliminated in that narrow part back there? That would eliminate part of the
difficulty for the residents. Also, any lights back there, I assume will be turned in toward the
property and will reflect away from the homes?
Eddie Bourdon: That is 1 00 percent correct Mr. Crabtree. Any lighting will be directed
inward. Again, until there is a building back there, if there is a building back here, there
would be no need for lighting back there at night. Again, it's an area that will be closed at
5:00 o'clock or 6:00 o'clock, unless there is an emergency. It is not a nighttime operation.
It's a pediatric dental office. We are proposing complete landscape screening within 15 foot
buffer. It is on our property. I'm open to hearing what your concerns are.
Eugene Crabtree: My concern is the parking spaces.
Janice Anderson: Jay?
Jay Bernas: I'm following up on Commissioners Knight's and Commissioners Crabtree's
comments, if we eliminated the building in the back and just like you said, if we could maybe
eliminate this row of parking here, and move the BMP up towards that property line and
maybe put the parking along this side.
Karen Prochilo: There is also a requirement for a number of parking spaces based on 0-1 so
they must meet that requirement too.
Item #2
Bukola A. Oduyelu
Page 12
Eddie Bourdon: If we were to, and after I talk to my client, if one were to eliminate this
office you would eliminate some need for some of the parking that is depicted but you could
not eliminate all of this parking along here. You might be able to eliminate some spaces in
this area (pointing to PowerPoint) because of the odd configuration of the property, it is not
going to be possible to eliminate all of this parking along here and provide the required
parking for this facdity. Some could be eliminated in this area if this building were not
constructed. That frankly is the area to some proximity to an existing house. There isn't any
real proximity here to these houses from a land use standpoint with what we deal with in
terms of screening. This is more than adequate terms of the space to landscape and screen
based on all prior precedence's. Now having a fence versus a nice landscape buffer? That
depends on your perspective. Some people would rather see the greenery rather versus the
fence. We haven't had a dialogue with Mr. Jones and the folks of the neighborhood. We
would certainly be happy to try to see what we could do in that regard. I don't know whether
they would prefer, and I don't think they necessarily would prefer to see a privacy fence
versus a heavy landscape screening that will grow up to be lO to 12 feet in height. I 'm sure
what their preference would be. This is putting a hedge around it. That is what we got shown
on here. There are other options in that 15 foot area. There is plenty of room to do a lot
that's on our property before we get to theirs.
Janice Anderson: Go ahead Henry.
Henry Livas: Is it your opinion that your 15 foot buffer would adequately take care ofthe
visual site for people looking out of their back windows and all that and not seeing cars in a
parking lot?
Eddie Bourdon: Certainly with the landscaping it will now in terms of until it matures. If
you're up on the second for third second floor, you can look down. We can't put a fence up
high enough that's going to preclude that. But the landscaping or the hedgerow will
eventually grow up to be 12', and maybe as much as 14 to 15 feet in height, which will
completely obscun:. Again, with the distance and the site lines you actually would see
parked cars parked over here than more readily than cars parked here because these would be
blocked from the site lines by the hedgerow. In my view the issue here is nighttime, which
there won't be a nighttime use and headlights and things of that nature, you would want those
to be screened so you wouldn't have headlights shining in your backyard. That's the purpose
of having the screening. The privacy is an option as well. But don't know if they would
rather have that or not have that. So, we just propose the heavy landscape buffer. We would
certainly discuss that alternative with those neighbors. That is what the other development
that I mentioned to the east adjacent to the industrial had gotten a privacy fence. A large
fence that was placed behind those houses and that is certainly an option.
Janice Anderson: Eddie, some of the speakers were talking about and of course they enjoy
the wooded lot next door to them. If the applicant if they wanted to redevelop and it couldn't
go office they could actually try to request three lots here, and that would have houses behind
them?
Item #2
Bukola A. Oduyelu
Page 13
Eddie Bourdon: Contrary to what we pledged to try to do with the Navy, the combination of
these two properties, and it is hypothetical, you could actually get four lots in here. It would
take a subdivision variance for a flag lots. It would be an odd configuration. This is an oddly
shaped piece of property. This property by itself could probably, not square footage and I
would have a hard time figuring out how you can get. You can do it with two flag lots. You
could do three. You got a private drive over here. Actually, there is an old, and there is
some questions on whether it exists or not but there is a very old plat and another l5 foot
easement for a road but it doesn't appear to be valid. So, we wouldn't even try to attempt to
assert that it was. But there is some evidence that an old plat and it may be because of bad
surveying way back in the day. But there is clearly a 15 foot private road here. I am not
exactly is here. Our title work indicates that it really doesn't exist. But it is on an old plat.
So, to do something here would probably be two lots on it. One house would be back in this
area and one house would be up in this area. With this you could easily have three or four
but again it would require a subdivision variance in order to do it, as well as an entrance
coming off of London Bridge Road. It is far from optimal in terms of residential
development, in terms of quality development, and in terms of value of the adjacent
properties and in terms of upkeep. But it is inconsistent in what we pledge with regard to
Oceana and to protect Oceana.
Janice Anderson: The other thing that you mentioned ifthat back building was not there,
there wouldn't be any requirement for lighting. There is not going to be any stand-alone
lighting? It is just going to come off the main building and there would be none there.
Eddie Bourdon: If this were to not be part of the plan the only lighting you would need to
have would be here. You might do some low level1ighting in this area just for security
reasons. So no one fell in who happened to be trespassing. You're talking about something
you wouldn't really see.
Janice Anderson: Not pole lighting.
Eddie Bourdon: Not pole lighting. Again, there wouldn't be a need for pole lighting for this
type of a use. It is a daytime use. We're not showing any light poles along this boundary.
I'm not sure where that originated.
Janice Anderson: Okay. Barry?
Barry Knight: Mr. Bourdon? We've kind of been asking here and I know a lot of the
residents have concerns of course about compatibility with this, and I don't think they are
totally going to be happy but I think they would be happier. And, I would be a whole lot
more comfortable voting for the project if we didn't have the rear building in there. And as
you said, that would eliminate some of the parking requirement. I didn't know if you thought
it was worth approaching the subject with your client.
Item #2
Bukola A. Oduyelu
Page 14
Eddie Bourdon: Actually, when I went back talking about Mr. Crabtree's question, I asked
him and told him he might want to give that some thought. So, I will go and see what his
thoughts are.
Donald Horsley: Wbile he is checking on that, Mr. Whitney the 15 foot buffer that he is
planning on putting there, can that be designed so that it is really a thick buffer? Could we
put a few trees that would get taller? Can we mix all that up in there?
Jack Whitney: We looked at landscaping and looked for the most beneficial screening,
vegetative selection. Fifteen feet is a pretty good distance to be able to accomplish that.
Donald Horsley: It seems most of the lots and homes some of them have their own fence. I
don't think a fence is necessary anyway. Okay.
Eddie Bourdon: Mr. Knight and members of the Commission, Dr. "0" has indicated that he
really doesn't perceive this happening for a good l5 or 20 years. We would be amenable to
eliminating that from the application revising the plan to eliminate that and to pare back to
the degree possible within the confines of our Zoning ordinance. The parking would reduce
somewhat the number of spaces. I just do not want to hesitate to suggest that this parking
area cannot be eliminated. A couple of spaces maybe able to be eliminated here. Again, my
view is that there is a greater visibility of parking spots here then there is here with the
landscaping in plaee. We will work diligently to try to rearrange the parking to lessen the
impacts, accepting that there are such impacts.
Barry Knight: Ms.. Anderson, I didn't know if you wanted to ask the City Attorney if we
could approve it today with the change of proffers between here and Council.
Janice Anderson: Okay.
Kay Wilson: That's acceptable. Mr. Bourdon knows he needs to change it.
Eddie Bourdon: Vlhat we would do is would eliminate this building and do so, as much as
we can removal of a handful, which is all that is reflected by that building of parking space.
Janice Anderson: ] believe Jay had something to add.
Jay Bernas: Have you actually had a chance to sit down with the property owners that are
adjacent to this lot that would be the most impacted. Have you actually had a chance to sit
down with them and get their input?
Eddie Bourdon: No. I have not. As I said in my presentation I did speak with the developer
of the property, Mr. Gregor last week and I indicated that I would be happy to meet with him.
I know both Mr. Bryan and Mr. Jones and I'll be happy to discuss with them and have a
meeting with them and with the other neighbors as well.
Item #2
Bukola A. Oduyelu
Page l5
Jay Bernas: I mean would you be amenable to a deferral so that you could meet with them to
come up with a compromise plan to work on that back area whether it is a configuration of
the parking, move the BMP to the northwest, and eliminate the building in the back?
Eddie Bourdon: The problem that I have Mr. Bernas is that I got a contract that has a closing
date that's the end of the year so we really have to get this to the City Council in order to get
a decision. I can't sit here and tell you that I'm certain that we couldn't get an extension on
that contract but at this point, I'm not in opposition to be able to advise my client to accept a
deferral because I don't have that option. I do think, and I was caught a little bit off guard by
this because the belief is that the people buying a home in an area understand what our
Comprehensive Plan or Zoning Ordinance says we need here, which isn't residential. I'm
happy to talk to them. I actually thought for the most part that the comments were very
reasonable and I think with this and what we've agreed to do, I think we are in a position that
there won't be a great deal of disagreement but there may be some. We would like for the
Commission to go ahead and act. We will do as I said remove that building and make some
modification. If there are other conditions that we can add in terms of assuring them that the
lighting won't be pole lighting that is shining in their backyard, which we all know won't be
the case. We're happy to make those assurances.
Janice Anderson: Gene did you have anything?
Eugene Crabtree: What I was going to say is that service lighting versus lighting that would
reduce the glare and would eliminate the problem of the homeowners having light shining in
their backyard, along with removing the building and reducing the parking with the bumpers
on that you said, it appears to me like it would, and it might not satisfy the homeowners but it
should satisfy them more, and the fact that this is in total agreement with our ordinances,
with the AICUZ and Oceana. And since this is on the edge of the Oceana flyway between
there and Fentress and the noise zone, I think homeowners could put up with this a whole lot
easier than they can from the jets flying back and forth, which they knew were there when
they bought their home.
Eddie Bourdon: If I could? I had a situation within the last twelve months where a new home
was built off of Independence Boulevard in an existing neighborhood on a small lot that had
been there for years. Some long time residents got into a boundary line dispute. What the
people who moved into the neighborhood did is they actually put flood lights on the back of
their property. On the back of their house, they shined them into the yard into the house and
the yard to the people who lived there for 30 years. Folks, there is nothing to stop that from
happening. And if we were to build a couple of houses on this piece of property or the folks,
and I'm not saying this is going to happen. My point is that this lighting thing, people in
houses can put spotlights on their neighbors and there is nothing we can do about it. So, this
is the best way to make sure that we control what people do that may have an impact on what
other people have to live with. I think we can address the concern with that type of
condition.
Janice Anderson: Thank you Mr. Bourdon. Go ahead AI.
Item #2
Bukola A. Oduyelu
Page l6
Al Henley: Thank you. Just to let everyone know that I will not be able to support this
application. But not knowing how the Commission is going to act on this, I would like to
throw on the table a few items of possible compromise. Knowing a little bit about
development, you realize that every tree on this lot is going to be eliminated because of the
construction ofthe proposal including the parking lot and so forth. However, they have
,
offered a 15 foot buffer on that, which is good. As Jack addressed earlier, we can, we the
city can propose higher vegetation that will back up to the residential lots. With that, I would
also include a stockade fence or at least a height of six foot. I did speak to a number of
residents in there and one being Mr. Day. He is in the audience today and he spoke earlier.
One of the concerns and not only him but there were a couple of other people that I spoke to
was the height of the building. There seems to be and it is not very well depicted in our
packet here but there is an office space of 900 square feet that appears to be a two-story
building. Even though the height of that addition is probably the same height ofthe
residential homes adjoining the property that is another item ifthe applicant is willing to
reduce that higher devation to meet the existing elevation of that existing proposed office
dental office. The traffic generated on this and Gene, I thought about this earlier. I really
can't relate to that. The argument is that we really wouldn't have two-single family homes in
there because they would have a curb cut on London Bridge Road, and they may be exiting
and going from wOlrk six to eight times a day. I think that is a lot less than 450 trips of
ADT's from this commercial complex. I really can't relate to that from the staffs viewpoint.
That is my viewpoint. And also, of course we talked to another of people on the Planning
Commission has discussed this. I would really like to see that the proposed building in the
rear to be eliminated. I guess one positive side on this is that it is a commercial building. It
will be a dental offi.ce. And it will not be open at night so when the residents come home to
Mayberry, there will not be a lot of cars in the parking lot, and I believe they will be closed at
that particular time unless for some reason that may be some emergency medical services.
I'm not sure but maybe Mr. Bourdon could possibly address that. I'm not sure what the
industry with there being children involved if there is going to be services offered after the
normal working hours for emergency purposes. But anyway, I laid a few items out on the
table for you to consider. Like I said, I will not be able to support this item. Thank you.
Janice Anderson: Thank you AI. Is there any further discussion? Go ahead Jay.
Jay Bernas: Personally I feel uncomfortable with the application. Although I agree with the
O-l land use in this area, I think we still need to take great care on protecting the community
on the existing neighborhoods. And, I don't feel comfortable blindly signing off on this. I
was hoping there would be some resolution before it gets to Council. I would actually prefer
that the developer work with the adjacent property owners on coming up with some sort of
compromise that everybody could live with. But at this point, I really don't feel comfortable
with what is proposed as far as people on the Council with us reviewing it.
Janice Anderson: Go ahead Gene.
Eugene Crabtree: 1 feel comfortable with supporting the application with the changes that
Mr. Bourdon proposed that they eliminate that building and eliminate some of the parking. If
Item #2
Bukola A. Oduyelu
Page l7
you eliminate part of the parking you can put parking the other way across back there, which
will still give them some parking along with the buffer zone. And the fact that this is in
keeping with the BRAC and AICUZ ordinance that we have, and that fact that these homes
that were actually, even though it was zoned many years, these homes were actually built
after the AICUZ ordinance and the BRAC ordinance came about. I don't think is a valid
reason to deny this application since it does conform with our ordinance. So, consequently,
I'm going to support it with the changes that Mr. Bourdon has agreed to do.
Janice Anderson: Mr. Bourdon, did you have something?
Eddie Bourdon: Of the items that Mr. Henley put on the table, I believe we have agreed to,
the ones that he indicated and the idea of putting up a privacy fence. I think I said I'm happy
to speak to the folks that are here at in lieu or in addition to the landscape buffer. That is
certainly something that we can discuss, which I think I said we would do that. I'm not sure
what else that has been put out there that we can agree to do. So, that would be my point. I
think we addressed the issues that you all have put on the table other than simply we don't
want it take place. We can't make that go away. But we certainly can do the things that, I
think, Mr. Henley put on the table and that you put on the table.
Janice Anderson: Go ahead Joe.
Joseph Strange: My experience has been that this type of development around the
subdivision is very intrusive. The way they have this designed by eliminating the building in
the back, I think it can be designed in such a way. Again, my actual experience with this
thing has shown that the neighbors would not be affected nearly as much as they think
they're going to be, and having said that, I understand their fears. They bought a home out
there. They don't want any development out there. I can surely appreciate that. But unless
the City is going to buy up all that property, which there are not going to do, there is going to
be some type of development. I don't think it is going to be housing development. And right
now, it looks like to me that they are at a very good bargaining position to sit down and work
out something with this developer and get as much of what they want out of it as they
possible can. Ifmy experience hadn't shown that would probably work out good for the
neighborhood, I might not be supporting it. The way it is laid out now with them making the
concessions, I would be supporting the application.
Janice Anderson: Thank you Joe. Go ahead Dave.
David Redmond: I agree what Mr. Strange. I do so for a couple of reasons. I do think
eliminating that back building is very, very substantial compromise. I also believe, however,
we had this experience in my own neighborhood. It was my first exposure about 10 years
ago. A number of homeowners were backed up on this piece of property. Well it was the
woods. It was completely undeveloped. It came to believe overtime that it was always going
to be woods. A fellow wanted the land for a rezoning and they're saying that the number of
houses back there today. When you come accustomed to things you believe that they would
like them to stay that way because we have become accustomed to them. But by the same
Item #2
Bukola A. Oduyelu
Page 18
token it's also someone else's property and within the confines of our zoning ordinances, I
think that which is reasonable ought to be expected. Nothing stays the same forever. And
this parcel is not going to stay the same forever either. In my view, I've stated it perhaps a
little bit differently but like Mr. Strange, I think the neighbors have gotten a pretty good
compromise out of this where it is unrealistic to expect that parcel would remain in that
condition for time and memorial. It is going to change. And, I am comforted frankly by the
l5 foot landscape buffer.. I don't think it is necessary to have a privacy fence there. It strikes
me as overkill frankly. I think one or the other is probably appropriate. And I think, frankly
the landscape buffe:r would be preferable. It would be in my case. So, I'm going to support
the application the way it's written and the way we discussed. I think it is probably the best
way to come up with on all sides. It is not perfect for everybody but that is the world we live
m.
Janice Anderson: Thanks Dave.
Donald Horsley: This piece of property is a very, very irregular shaped piece of property.
You can develop it as a single-family home where the neighbor doesn't want us too. It
would really be a stretch. I think when he resolved to eliminate the back building that is a
big plus. I think that a vegetated buffer will, and I think when that buffer will develop it will
be better than it is now. If you want to know the truth about it because even if we bumped a
little berm Mr.13ourdon the trees are going to get taller. And, I kind of agree with Joe and
Dave. Both have said you know, one structure office there blends in with that neighborhood
pretty well. I really don't have a problem with the concessions that have been made today to
go ahead and support the application as we've discussed it also. Are you ready for a motion.
Janice Anderson: Yes. I believe Henry wants to say something.
Henry Livas: I just want to go on record to say I support it also. For each individual item
again, but I think the developer has been very cooperative in trying to reach a compromise,
and I think it is a good compromise at this point.
Janice Anderson: Is there a motion?
Eugene Crabtree: I make a motion that we accept the application with the modifications and
changes that have been agreed to by the applicant.
Janice Anderson: The modifications would be a change to Proffer 1, that would be the
concept plan that would show the elimination of the back building; and also in the concept
plan if we could have a notation with regard to lighting that there would be no pole lighting
on the parking lot and wherever low level lighting would be place, if that notation would be
put. And also, if you want to include in your motion or just a suggestion to meet with the
neighbors whether they want fencing or not. I don't want to put a requirement for fencing if
that is not what they prefer. I think everybody willing to bargain on that.
Eugene Crabtree: That's fine.
Item #2
Bukola A. Oduyelu
Page 19
Eddie Bourdon: I agree with all of those.
Barry Knight: The elimination of parking spaces to go in there.
Janice Anderson: Thank you Barry. And the elimination of the parking would be associated
with that back lot.
Donald Horsley: Some of the properties already have some type of fencing. I think they
would rather look through their fencing and see this buffered area.
Janice Anderson: Yes Sir. Do you have something new?
Stuart Jones: I would just like some clarification: I'm not trying to slow down.
Janice Anderson: Mr. Jones?
Stuart Jones: Yes. I'm not trying to slow down his project. However, I would like to see
how this is all going to play out and I realize that time is money and probably this is a better
concept than maybe residential homes in there. It is an irregular piece of property as we all
know but I would like to see how this is going to play out. By eliminating the building that is
certainly eases my mind. I don't think that we want to see any fencing. I think we want to
see some heavy planting and the berming ofthat to protect our property. I think I'm probably
affected. I'm the wood piece there. I'm probably affected more than anyone else. The
fellow on lot 5 is affected but as this project moves forward closer to London Bridge Road,
there is less impact upon the subdivision. We realize that time moves on. I've heard it said
before that if you want to keep it like that, buy it. So, I understand that concept as well. I
think we're trying to make the best of maybe a bad situation and we appreciate the
Commission's looking and listening to what we had to say.
Janice Anderson: We appreciate you coming down and Mr. Jones that is part of the
recommendation. Mr. Bourdon is going to get with the neighbors to review those particular
items, the planting and the lighting plan and fencing or no fencing. Mr. Day, do you have
another comment?
Daniel Day: Can I put on the record the l5 foot buffer easement that we keep referring to is
deeded to my property. I can't understand why we're talking about a buffer that is an
ingress/egress easement.
Donald Horsley: The 15 foot that he is talking on his property.
Daniel Day: Yes. But it is an egress/ingress easement dedicated to the back property which
is mine as well as two other parcels at the rear of the Mayberry subdivision.
Janice Anderson: He is not claiming that.
Item #2
Bukola A. Oduyelu
Page 20
Daniel Day: No, but he is talking about using it as a buffer. But if we decide to ever develop
that property back there. That is my sole ingress/egress easement.
Janice Anderson: It's on the other side of your property.
Daniel Day: There are two them. There is one 50 foot right-of-way on that inside.
Janice Anderson: Mr. Bourdon did say that on his own plat there is an easement. He is not
claiming that he owns it.
Daniel Day: No ma'am. Again, on the west side of his property as well, there is a l5 foot
ingress easement. There is a difference now. A right-of-way easement. There is an
easement on his property that is dedicated to our property, through my deed. I have records
that show that. But to claim that as a buffer zone, what if I decided to open up that access?
Janice Anderson: Mr. Day. Maybe have your attorney get with Mr. Bourdon.
Daniel Day: Is that a civil matter?
Janice Anderson: Yes sir.
Daniel Day: I undt:rstand. Thank you.
Janice Anderson: Thank you.
Eddie Bourdon: That is 100 percent correct. It would be a civil matter because what is he
speaking of comes out here and our research is not valid but it comes back on this lot and
comes out to the entrance to Mayberry right here (pointing to PowerPoint). If you look at
everything, it is a civil matter and that's the best way to handle it.
Janice Anderson: Okay. Well, we left offwith Mr. Crabtree and his motion and a second by
Don Horsley.
AYE 8
ANDERSON AYE
BERNAS
CRABTREE AYE
HENLEY
HORSLEY AYE
KA TSIAS
KNIGHT AYE
LIVAS AYE
REDMOND AYE
RUSSO AYE
NAY 2
ABSO
ABSENT 1
NAY
NAY
ABSENT
Item #2
Bukola A. Oduyelu
Page 21
STRANGE AYE
Ed Weeden: By a vote 8-2, the Board has approved the application of Bukola Oduyelu has
been approved with the conditions as modified.
Janice Anderson: Thank you all for coming down.
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The Futura Group, LLC
l16-l02 Landmark Square
Virginia Beach, Virginia 23452
Phone: (757) 491-l962 Fax: (757) 491-2537
e-mail: rickgregor@thefuturagroup.com
October 23,2008
City of Virginia Beach
Department of Planning
Attn: Karen Prochilo
RE: Change of zoning district for 2264 London Bridge Road, GPIN 2405604857
Dear Ms. Prochilo;
I would like to voice our opposition to the proposed change of zoning on the referenced property.
It is with much regret that I take this position based on my occupation as a land developer and
builder. I fully believe in property rights of the individual, but this use just does not appear to be
compatible or in any way reasonable.
I developed the adjoining subdivision Mayberry and do not see how this spot zoning is fitting in
within the adjoining residential neighborhoods of Pine Ridge, Middle Oaks Plantation, Hunt Club
Forest, Prince George Estates and Mayberry or the nearby agricultural properties which includes
the heavily visit,ed Hunt Club Farm. The ingress/ egress to the proposed dental office would
require a large number of U-turns in an area which is difficult to traverse already. There are no
traffic signals planned to slow down vehicular speed limits which are 45 miles per hour in this
section of London Bridge Road. Additional traffic is also going to have to be dealt with the onset
of construction of the future Southeastern Expressway. Lastly, there is also a much talked about
traffic issue already on this section of London Bridge Road at Hunt Club Farm during its
numerous holiday celebrations.
The property is also located in AICUZ zone 70-75 which is considered of enough concern that the
City of Virginia Beach in consort with the Commonwealth of Virginia and the U.S. Navy are
purchasing nearby properties with the same noise levels in the IT A area. Additionally, no office
or retail uses an: allowed in the adjoining industrial park areas. Why would this office use, which
is fairly intensive office use, be considered compatible with the mission of the U.S. Navy when it
is just beyond the Oceana South Industrial Park being developed just west of the property?
I, as managing partner of The Futura Group, LLC would like to ask that The Planning
Commission and City Council deny this application and let the property be developed in a way
which is more fi.tting with the adjoining properties or have it remain residential in its use.
Sincerely;
A.R. (Rick) Gregor, Jr.
Managing Partner
The Futura Group, LLC
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If "~i'dk
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261 DownillC Drive Office: (757) 410-8896
NOV 1 2 2008
Chesaoeake. VA 23322 Fax: (757)410-2871
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Department of Planning
Attn: Karen Prochilo
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November 11, 26~jliU.
RE: Change of zoning district for 2264 London Bridge Road, GPIN 2405604857
Dear Ms. Prochilo;
I would like to voice my opinion regarding the proposed change of zoning on the referenced property. As a predominant
builder in the adjoining subdivision, Mayberry, I am greatly concerned that this commercial property will only deter further
sales in the neighborhood.
It is no secret that the housing market is suffering already. Our company chose Mayberry to build homes because ofits large,
treed lots which offer privacy and the feeling of "getting away from it all". It is a very family oriented neighborhood,
surrounded by farms and other residential neighborhoods.
One of our unsold homes (Lot 3) is going to butt up against this proposed commercial property and will more than likely have
a backyard view of a dumpster & parking lot.
Traffic is also a significant concern. Weare not aware of any planned traffic signals to slow down vehicular speed limits. We
are also aware of the fact that no office or retail uses are allowed in this air zone in the adjoining industrial park areas so we
are 'unclear how a commercial building can even be considered.
In closing, as a residential home builder in an already troubled market. we ask that the Planning Commission and City Council
deny this application for commercial use and allow it to remain residential. Please do not hesitate to contact me at 757-410-
8896 or 757-439-5465 to discuss further.
Sincerely,
J!:!lrl-
~BRYAN,JR.
President
C. E. Bryan Custom Builders, Inc.
Tidewater Builders Association Member
Class "A" License
Better Business Bureau Member
501 22f\ID STREET
Ma'::! ~~ale 501 22nd Street
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Conditional Zoning Change from A-12 (OB) to RT-3 (OB)
Relevant Information:
· Beaclh District
· The alpplicant proposes to rezone the property, currently zoned A-12
to Conditional RT-3 Resort Tourist District for the purpose of using
the e:dsting single-family dwelling for a custom countertop
showroom and office.
· The alpplicant intends to maintain the exterior of the existing
structure as a house and add a parking lot for eight (8) vehicles on
the rElar of the lot.
· The interior of the dwelling will be renovated to resemble a model
home! with high end kitchens and custom bathrooms. Customer
traffic: will be by appointment only.
· AICU;Z is 65 to 70.
Evaluation and Recommendation:
· Planrning Staff recommended approval
· Planrning Commission recommends approval (10-0)
· There! was no opposition
· Consent agenda
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: 501 22ND STREET, LLC Chanae of Zonina District Classification, A-12
Apartment District to Conditional RT.3 Resort Tourist District, 501 22nCl Street.
BEACH DISTRICT.
MEETING DATE: December 9, 2008
. Background:
The site is located at the northwestern intersection of 22nd Street and Baltic
Avenue, the southernmost boundary of the Old Beach neighborhood. There is an
existing single-family, two-story house on the property. The house was built in
1933 and is typical of the Colonial Revival style houses in the area. The applicant
proposes to rezone the property, currently zoned A-12 Apartment District (Old
Beach Overlay District), to Conditional RT-3 Resort Tourist District (Old Beach
Overlay District) for the purpose of using the existing single-family dwelling for a
custom countertop showroom and office.
The Comprehensive Plan Map identifies this site as being within the Resort Area.
While this site is located within the Old Beach Overlay District, the north side of
22nd Street, from a land use perspective is an area of transition between a stable
neighborhood to the north and a mixed-use core south of 22nd Street. The
proposed Resort Area Strategic Action Plan depicts 22nd Street as a mixed use
corridor with the northern side of 22nd Street shown with transitional uses that
would be compatible with the Old Beach neighborhood.
. Considerations:
The applicant intends to maintain the exterior of the existing structure as a
house, add a parking lot for eight (8) vehicles on the rear of the lot, and plant
landscaping on the site. Access to the site will be via the alley in the rear of the
site. The interior of the dwelling will be renovated to resemble a model home with
high end kitchens and custom bathrooms. Customer traffic will be by
appointment only.
The northern 500 and 600 blocks of 22nd Street are zoned A-12 Apartment
District and were included in the Old Beach Overlay in the hopes that the Overlay
would afford some control over the development of the lots. The applicant,
however, may build by-right a duplex that does not meet any of the criteria of the
Overlay incentives as defined in sections 1904(b) and 1905 of the City Zoning
Ordinance. Twenty-second Street is a four-lane highway providing access to
501 22nd Street, L.L.C.
Page 2 of 2
Intersta1te 264. This site is located at the intersection of 22nd Street and Baltic
Avenue. Across 22nd Street, to the south is a 7-11 convenience store. Across
Baltic Avenue, to the east, is a two-story multi-family building of 15 units. To the
rear of the site aCross the alley are single-family dwellings, and to the west are
single-family dwellings. While the site is technically in the Old Beach
Neighborhood Overlay District all of the plans the City has adopted with regard to
developling the Oceanfront have depicted the northern blocks of 22nd Street as
suitable for mixed use development compatible with the adjacent Old Beach
neighborhood and the more intense proposed resort uses south of 22nd Street.
The plan is proffered to the use and appearance of the building, providing a level
of protection for the neighborhood that could not be obtained under the by-right
A-12 Api3rtment (Old Beach Overlay) zoning.
The Planning Commission placed this item on the consent agenda because the
proposal provides a low-intensity commercial land use for this parcel while
maintaining the existing residential character of the site, the proposal is
consistent with the Comprehensive Plan, and there was no opposition to the
request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request as proffered.
. Attachments:
Staff Review
Disclosum Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval. , Y
Submitting DepalrtmentlAgency: Planning Department ,\ ~
City Manager~ k. . ~lr('>"l., ~
501 22ND STREET,
LLC
Agenda Item 1
November 12,2008 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Change of Zoning District Classification from A-
12 Apartment District (Old Beach Overlay
District) to Conditional RT -3 Resort Tourist
District (Old Beach Overlay District)
ADDRESS I DESCRIPTION: 501 22nd Street
GPIN:
24179896720000
Conditional Zoning Chanb'" (f()m A-12 (OB) to RT-J lOB)
COUNCIL ELECTION DISTRICT:
BEACH
SITE SIZE:
9,100 square feet
SUMMARY OF REQUEST
The applicant proposes to rezone the property, currently zoned A-12 Apartment District (Old Beach
Overlay District), to Conditional RT-3 Resort Tourist District (Old Beach Overlay District) for the purpose
of using the existing single-family dwelling for a custom countertop showroom and office. The applicant
intends to maintain the exterior of the existing structure as a house, add a parking lot for eight (8) vehicles
on the rear of the lot, and plant landscaping on the site. Access to the site will be via the alley in the rear
of the site. The interior of the dwelling will be renovated to resemble a model home with high end kitchens
and custom bathrooms. Customer traffic will be by appointment only.
The site is located at the northwestern intersection of 22nd Street and Baltic Avenue, the southernmost
boundary of the Old Beach neighborhood. The dwelling is situated 23-feet from 2200 Street, 10-feet from
Baltic Avenue, 7.S-feet from the western property line, and 62-feet from the alley. The home was built in
1933 and is typical of the Colonial Revival style houses in the area.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: A single-family dwelling and rJ:lature landscaping exists on the site.
501 2200 STREET, LLC
Agenda Item 1
Page 1
SURROUNDING lAND
USE AND ZONING:
North:
South:
East:
West:
NATURAL RIESOURCE AND
CULTURAL FEATURES:
AICUZ:
. An Alley
. Across the Alley are single-family dwellings / RT -4 Resort
Tourist and R-5D Residential (OB Old Beach Overlay)
. 2200 Street
. Across 2200 Street is a 7-11 Convenience store and a duplex
dwelling I RT-3 Resort Tourist
. Baltic Avenue
. Across Baltic Avenue is a multi-family building / RT -3 Resort
Tourist
. Single-family dwelling I A-12 Apartment (OB Old Beach
Overlay)
There are no known significant natural resources associated with the
site. From a cultural features perspective the home was constructed in
1933 and is typical of the Colonial Revival architecture popular at that
time.
The site is in an AICUZ of 65-70 dB Ldn Sub-Area 1 surrounding NAS
Oceana. The proffered uses are permitted in this area.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN CMTP) I CAPITAL IMPROVEMENT PROGRAM CCIP): Twenty-
second Stmet in front of this site is a four-lane minor urban arterial. Twenty-second Street is an 80-foot
right-of-way. Baltic Avenue beside this site is a two-lane minor urban arterial. Baltic Avenue is a 60-foot
right -of-way.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
2200 Street 9,000 ADT T 22,800 ADT Existing Land Use L -1 0
(745 Peak Hour) (560 Peak Hour) ADT
Proposed Land Use 3 -
45 ADT (4 Peak Hour)
1
Average Dally Trips
2 as defined by a single-family dwelling
3 as defined by 2.887 square foot business studio
WATER: This site has an existing water service which may be used or upgraded. There is an 8-inch City water
line in Baltic Avenue, and a 4-inch city water line in 22"d Street.
SEWER: The applicant must provide analysis of Pump Station # 003 and the sanitary sewer collection system
to ensure future flows can be accommodated. There is an 8-inch City gravity sanitary sewer main in 2200
Street.
501 2200 STREET, LLC
Agenda Item 1
Page 2
SCHOOLS: School population is not affected by this request.
Recommendation:
Staff recommends approval of this
request with the submitted proffers. The proffers are provided below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan Map identifies this site as being within the Resort Area. This site is located at
the southernmost boundary of the Old Beach neighborhood. The vision for Old Beach is to maintain a
unique, pedestrian oriented, seaside community that reflects the historical cottage style and charm of the
original Virginia Beach in a quality, family-oriented beach resort community. The Oceanfront Resort Area
Plan, Oceanfront Resort Area Design Guidelines, and Old Beach Design Guidelines, adopted December
20,2005, and amended as part of the City's Comprehensive Plan, provide general planning guidance and
principles with regard to protecting established neighborhoods in the Resort Area. The Old Beach Overlay
District, also adopted December 20,2005, created an overlay district to preserve and enhance the
historic status of the Old Beach Neighborhood. While this site is located within the Old Beach Overlay
District, the north side of 2200 Street, from a land use perspective is an area of transition between a stable
neighborhood to the north and a mixed-use core south of 22nd Street. The proposed Resort Area
Strategic Action Plan depicts 2200 Street as a mixed use corridor with the northern side of 22nd Street
shown with transitional uses that would be compatible with the Old Beach neighborhood.
Evaluation:
Staff recommends approval of the request to rezone the site and develop it with a business studio I
offices for custom counter tops. The proposal is to utilize the existing residential dwelling for a business
studio. The appearance from the outside will be that of a dwelling. The plan is proffered to the use and
appearance of the building, providing a level of protection for the neighborhood that could not be obtained
under the by-right A-12 Apartment (Old Beach Overlay) zoning.
The northern 500 and 600 blocks of 2200 Street are zoned A-12 Apartment District and were included in
the Old Beach Overlay in the hopes that the Overlay would afford some control over the development of
the lots. The applicant, however, may build by-right a duplex that does not meet any of the criteria of the
Overlay incentives as defined in sections 1904(b) and 1905 of the City Zoning Ordinance. Twenty-second
Street is a four-lane highway providing access to Interstate 264. This site is located at the intersection of
2200 Street and Baltic Avenue. Across 22nd Street, to the south is a 7-11 convenience store. Across Baltic
Avenue, to the east, is a two-story multi-family building of 15 units. To the rear of the site across the alley
are single-family dwellings, and to the west are single-family dwellings. While the site is technically in the
Old Beach Neighborhood Overlay District all of the plans the City has adopted with regard to developing
the Oceanfront have depicted the northern blocks of 22nd Street as suitable for mixed use development
compatible with the adjacent Old Beach neighborhood and the more intense proposed resort uses south
of 22nd Street. Staff, therefore, recommends approval of the request subject to the proffers listed below.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
501 22nd STREET, llC
Agenda Item 1
Page 3
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(9107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 11:
When the Property is redeveloped, it shall be improved substantially as shown on the exhibit entitled
"PRELlMINJ\RY SITE PLAN TRINDCO PREMIUM COUNTERTOPS", prepared by Gallup Surveyors &
Engineers, Ltd., dated 7/28/08, which has been exhibited to the Virginia Beach City Council and is on file
with the Virg:inia Beach Department of Planning (hereinafter "Site Plan").
PROFFER ~~:
When the Property is redeveloped, the "Existing 2-Story Frame Building" depicted on the Site Plan shall be
retained and converted to a Business Showroom and Office use. The exterior surfaces of the Building shall
be substantially as depicted on the exhibit entitled "Front Elevation TRINDCO 22ND STREET & BALTIC
AVENUE.", prepared by Covington Hendrix Andersen, Architects, which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation").
PROFFER 3,:
The land usus permitted on the Property shall be limited to the following categories as set forth in Section
1531 of the City Zoning Ordinance:
(a) Business studios, offices, clinics and medical laboratories;
(b) Dwellings, sin~le-family and duplex, but only in the area east of Parks Avenue and west of arctic
Avenue on 18 Street, 20th Street, 215t Street, and 22"d Street, and provided further that such
dwellings should be consistent with the provisions of the Resort Area Design Guidelines;
No other USEiS permitted in the RT-3 Resort Tourist District shall be permitted on the Property.
PROFFER 4:
The parking provided on site as depicted on the Site Plan shall only be utilized for the business operating on
the property including employee parking which shall be onsite. The provided on site parking shall not be
utilized as a commercial parking lot or for the benefit of any other property. The property shall not be eligible
to utilize the resort residential parking program for off-site parking.
PROFFER 5:
All outdoor Ii!~hting shall be shielded, deflected, shaded and focused to direct light down onto the premises
and away from adjoining property.
PROFFER 6:
No permanent freestanding sign shall be permitted on the Property. Building mounted signage shall not
contain any lighting and only be lit externally from ground level.
PROFFER 7:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements..
STAFF COMMENTS: The proffers listed above are acceptable as they provide assurance that the uses are
compatible with the adjacent residential uses, and that the structure will remain residential in character.
Additionally t""e agreement provides that the site will not be used for a commercial parking lot when the
business is not in operation and will not participate in the resort area residential parking permit program.
501 22nd STREET, LLC
Agenda Item 1
Page 4
The City Attorney's Office has reviewed the proffer agreement dated July 29, 2008, and found it to be legally
sufficient and in acceptable legal form.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
501 22m! STREET, LLC
Agenda Item 1
Page 5
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A.e.RIA.\. OF 51"{e. \.OCA. "{ION
50'\ 22nd SlRE.E.l, LLC
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MEA 1,100 SF
e P!OO\OOEI)
PHYSJCAt. r:t:ATURES ~ WlRE C8TAINED
fllOM PHYSICAl _~y PflEPNI[I) By ._ N. HaJl[S
0" TED O[CElIIJER .!1, tl. PRO\CJf[) BY Of\€tOP€Jt
PRElJMIHARY SITE PlAN
w.IIlCO ,..... ClIUN1IIfIaIS
OWNER!OEVELOPER
JA '( T'RINO['R
1004 OBlCllllOUS....Al BOULEVAIIfl
sumu, VA. 2l<l<
Pk 48"'- 7D32
PROPOSED SIIE PLAN
501 22nd STREET, LLC
Agenda Item 1
Page 7
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PROPOSED BUILDING ELE,,"iION
50~ 22nd SlREE1, LLC
Agenda \tem .
page
MCJ~~R ~~ole 501 22nd Street
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Conditional Zoning Change from A-12 (OB) to RT-3 (OB)
1. 3/1/07
2. 11/28/00
3. 7/2/91
Conditional Use Permit Commercial Parkin Lot
Alteration to a Nonconformin Use
Rezoning (R-5D Residential to RT-4 Resort Tourist) and
a Conditional Use Permit Law Office
ZONING HISTORY
501 22nd STREET, LLC
Agenda Item 1
Page 9
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DISCLOSURE STATEMENT
II
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership. firm. business. or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers. members. trustees,
partners, etc. below: (Attach list if necessary)
/
1501 22nd Street, L.L.C.: Priscilla Trinder, Sole Member
2. List all businesses that have a parent-subsidiary 1 or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
0 Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the propE~rty owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiary 1 or affiliated business entitV
relation:ship with the applicant: (Attach list if necessary)
0 Check here if the property owner is NOT a corporation. partnership. firm. business.
or other unincorporated organization.
1 & 2 See next page for footnotes
Condihonal Rezoni'19 Application
Page 11 of 12
Revised 9/1/2004
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501 2200 STREET, LLC
Agenda Item 1
Page 10
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~ ' "AfIiIialed business entity _po ........ "s _ip. other than
parent~ub6idiary relationship, that exists when (i) one business entity has a
controlling ownership interest In the other business entity, (ii> a controlling owner In
one entity Is also a controlling owner in the other entity, or (III) there is shared
N management or control between the business entities. Factors that should be
~ considered in detennining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entitles share
the use of the same offices or employees or otherwise share activities, resources or
~~ personnel on a regular basis; or there is otherwise a close working relationship
between the entities. - See State and Local Govemment Conflict of Interests Act, Va.
Code fi 2.2-3101.
I
~ CERTIFICATION: I certify _ tha Informa1Ian _ henlin Is true and accuraI8.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
~ sign on the subject property at least 30 days prior to the scheduled public hearing
~ according to the instructions in this package.
I I I 5Pt 2200 S~t, '-:LC .
,...,..l ~y:_ /c:).r.fl~L/1 .~~_
...... Appflca~Signature
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DISCLOSURE STATEMENT l
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
~~~: ~~~~~,if ~~7) Levy, P. C.
/Clarke, Dolph, et als, P.L.C.
,r
VGallup Surveyors & Engineers, Ltd.
/C6vington Hendrix Anderson, Architects
~ight Coast Consulting/William E. Gambrell, IV
1 "Parent-subsidiary relationship- means "a relationship that exists when one
corporation directly or indirectty owns shares possessing more than 50 percent of the
voting power of another corporation. - Sse Slate and Local Government Conflict of
Interests Act, Va. Code fi 2.2-3101.
Pm~/IA T~/A//J~
Print Name Sole Member
Print Name
CondIIicIMl Rezoning Apptication
PIlle 12 of 12
Revised f1Nl2OO4
501 22nd STREET, lLC
Agenda Item 1
Page 11
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parent-subsidiary relationship, that exists when (i) one business entity has a
~ c:ontrolling ownership interest in the other business entity, (ii) a controlling owner in
'--' one entity is also a controlling owner in the other entity, or (iii) there is shared
.N management or control between the business entities. Factors that should be
ga c:onsidered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
t~ntities; there are common or commingled funds or assets; the business entities share
... the use of the same offices or employees or otherwise share activities, resources or
~ lJersonnel on a regular basis; or there is otherwise a close working relationship
between the entities.. See State and Local Government Conflict of Interests Act, Va.
Code ~ 2.2-3101.
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DISCLOSURE STATEMENT I
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to th~ requested property use, including but not limited to the providers of architectural
l~ervlces, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Sykes, Bourdon, Ahern & Levy, P.C.
Clarke, Dolph, et als. P.L.C.
Gallup Surveyors & Engineers, Ltd.
Covington Hendrix Anderson, Architects
Hight Coast Consulting/William E. Gambrell, IV
1 ~Parent-subsidiary relationship. means "a relationship that exists when one
(:orporation directly or indirectly owns shares possessing more than 50 percent of the
"oting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code ~ 2.2-3101.
iCERTIFICA TION: I certify that the information contained herein is true and accurate.
!I understand that, upon receipt of notification (postcard) that the application has been
:scheduled for public hearing, I am responsible for obtaining and posting the required
~sign on the subject property at least 30 days prior to the scheduled public hearing
according to the instructions in this package.
501 22nd Street, LLC
By:
Applican '
t
I
) Property Owner's Signature (if differ t than applicant)
Priscilla Trinder, Sole Member
Print Name
Marshall G. Cannady
Archie T. Cannady
Print Name
Conditional Rezoning Application
Page 12 of 12
Revised 91112004
501 22nd STREET, LLC
Agenda Item 1
Page 12
Item # 1
SOl 22nd Street, L.L.C.
Change of Zoning District Classification
SOl 22nd Street
District 6
Beach
November l2, 2008
CONSENT
Janice Anderson: The next group of items that we're going to address will be the consent
agenda. That will be handled by our Vice Chair Joe Strange.
Joseph Strange: Thank you Madam Chairman. This afternoon we have 16 items on the
consent agenda. The first matter is agenda item 1. It's an application of 501 22nd Street,
L.L.c. for a Change of Zoning District Classification from A-12 Apartment District to
Conditional RT-3 Resort Tourist District on property located at 50l 22nd Street, District 6,
Beach, with seven proffers.
Eddie Bourdon: Thank you Mr. Vice Chair. Madam Chair, again Eddie Bourdon for the
record, representing the applicants who are here. We greatly appreciate the Commission
placing this item on the consent agenda, and appreciate all the hard work from Faith Christie
and the staff.
Donald Horsley: We have a speaker. I guess it is Priscilla Trice?
Eddie Bourdon: Priscilla Trinder?
Donald Horsley: Okay.
Eddie Bourdon: Did you sign up?
Priscilla Trinder: He told me I had to sign that card.
Janice Anderson: Okay. Thank you.
Joseph Strange: Is there any opposition to this matter being placed on the consent agenda?
The Chairman has asked Jay Bernas to review this item.
(
Jay Bernas: Thank you. The applicant proposes to rezone the property from A-12
Apartment to RT-3 for the purposes of using the existing single-family dwelling for a
business studi%ffice. The applicant intends to maintain the existing exterior ofthe structure
as a house, and add parking for eight (8) vehicles on the rear of the lot. Customer traffic will
be by appointment only. This property is in the Old Beach Overlay District. The applicant
however, may build a duplex by-right, which does not meet the criteria of the Overlay
Incentives. The Old Beach Neighborhood Overlay District has always shown the northern
Item # 1
50l 22nd Street
Page 2
(
blocks of22nd Street as suitable for mixed use. And therefore, the Commission felt that this
should be placed for approvable on the consent agenda.
Joseph Strange: Thank you Jay. Madam Chairman, I make a motion to approve agenda item
1.
Janice Anderson: I have a motion by Joe Strange and a second by Gene Crabtree.
ANDERSON
BERNAS
CRABTREE
HENLEY
HORSLEY
KA TSIAS
KNIGHT
LIV AS
REDMOND
RUSSO
STRANGE
(
AYE 10
NAY 0
ABSO
ABSENT 1
AYE
AYE
AYE
AYE
AYE
ABSENT
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item 1.
(
'-...
AGAPE: FULL GOSPEL
CUP - Church
Relevant Information:
· KemlJlsville District
· The applicant requests a Conditional Use Permit for a church in a
portie1n of an existing building located on Indian River Road. There
are a total of 80 members
· A pOr1tion of the building is under renovation for a daycare facility,
unreh.ted to the church, and is a permitted by-right use.
· The church plans to utilize an approximately 2,000 square foot unit
that includes the sanctuary, administrative offices, a media room, a
kitche'n, a fellowship hall, the pastor's study, and two (2) restrooms.
No exterior alterations are proposed.
· AICU2: is Less than 65.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (10-0)
· There was no opposition
· Consent agenda
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: AGAPE FULL GOSPEL DELIVERANCE & WORSHIP CENTER Conditional
Use Permit, church, 6620 Indian River Road, KEMPSVILLE DISTRICT
MEETING DATE: December 9,2008
. Background:
The applicant requests a Conditional Use Permit for a church in a portion of an
existing building located on Indian River Road. A portion of the building is under
renovation for a daycare facility, unrelated to the church, and is a permitted by-
right use. The existing building appears to have been constructed in 1945.
. Considerations:
The church plans to utilize 2,000 square foot unit that includes the sanctuary,
administrative offices, a media room, a kitchen, a fellowship hall, the pastor's
study, and two (2) restrooms. No exterior alterations are proposed. There are a
total of 80 members. The church has numerous outreach programs including the
Feed My Sheep Food Pantry, a Clothes Closet Outreach Ministry, a Kids Eat
Free Outreach Ministry, a Single Parent Outreach Ministry, a Women's'
Covenant Outreach Ministry, and a Youth For Christ Ministry. The typical hours
of operation are 9:00 a.m. to 1 :00 p.m. for office hours Monday through Friday
and 9:00 a.m. to 6:00 p.m. on Sundays.
Traffic Engineering Staff indicate that it is likely the church will generate less
weekday traffic than a typical retail use. It is anticipated that the trips to and from
the church will occur during off peak hours for the Indian River Road corridor
and, accordingly, the total impact to Indian River Road is expected to be slightly
less during the weekdays than a retail use.
A recommended condition of this Use Permit is that the parking lot be upgraded
and that landscaping be installed to improve the appearance of the site. As this
will be a place of "assembly," additional Building Code requirements must be met
in regards to fire protection, tenant separation, and means of egress. In addition,
upgrades to the building may be required to ensure compliance with all
Americans with Disabilities Act requirements. The applicant is currently working
with the Building Official to address these outstanding concerns. Even with an
approval from City Council, occupancy would not be permitted unless all federal,
state and local code requirements are met.
Agape Full Gospel Deliverance & Worship Center
Page 2 of 2
The Planning Commission placed this item on the consent agenda because the
use is appropriate for this site and compatible to the surrounding area, and there
was no opposition to the request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
1. The l3xisting parking lot shall be resurfaced where necessary and remarked
clearly to delineate the parking spaces. In addition, handicapped-accessible
spaoes must be installed in accordance with the Americans with Disabilities
Act (ADA).
2. Streeitscape landscaping, as described in the Landscaping Guide, City of
Virginia Beach, December 2002, shall be installed along Indian River Road
for the length of the property in an effort to screen any vehicles from view of
the ri9ht-of-way as well to improve the appearance of the site.
3. A Cel1:ificate of Occupancy shall be obtained from the Building Official's Office
prior Ito occupancy.
4. All freiestanding and building signage shall conform to the City of Virginia
Beacll Zoning Ordinance and no such signage shall be permitted within the
right-of-way.
. Attachments:
Staff Review
DisclosurE~ Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval. . ll~\
Submitting DepalrtmentlAgency: Planning Department /~"'"\J
City Manager: 0 t. '&J/!t"Pl..
AGAPE FULL
GOSPEL
DELIVERANCE &
WORSHIP
CENTER
Agenda Item 5
November 12, 2008 Public Hearing
Staff Planner: Carolyn A.K. Smith
REQUEST:
Conditional Use Permit for a church (religious facility)
ADDRESS I DESCRIPTION: Property located at 6620 Indian River Road
GPIN:
14560548050000
COUNCIL ELECTION DISTRICT:
KEMPSVILLE
SITE SIZE:
2,000 square feet (church unit only)
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit for a church
in a portion of an existing building located on Indian River
Road. There are a total of 80 members. The church has numerous outreach programs including the
Feed My Sheep Food Pantry, a Clothes Closet Outreach Ministry, a Kids Eat Free Outreach Ministry, a
Single Parent Outreach Ministry, a Women's' Covenant Outreach Ministry, and a Youth For Christ
Ministry. The typical hours of operation are 9:00 a.m. to 1 :00 p.m. for office hours Monday through Friday
and 9:00 a.m. to 6:00 p.m. on Sundays.
A portion of the building is under renovation for a daycare facility, unrelated to the church, and is a
permitted by-right use. The church plans to utilize an approximately 2,000 square foot unit that includes
the sanctuary, administrative offices, a media room, a kitchen, a fellowship hall, the pastor's study, and
two (2) restrooms. No exterior alterations are proposed.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Commercial building with church in one unit and a daycare facility (not affiliated with
the church) in the other unit
AGAPE FULL GOSPEL
Agenda Item 5
Page 1
SURROUNDIING LAND
USE AND ZONING:
North:
· Single-family dwellings I R-10 Residential District, B-2
Community Business District
· Indian River Road
· Single-family dwellings I R-10 Residential District
· Fuel sales I B-2 Community Business District
· Single-family dwelling I B-2 Community Business District
· Medical offices I B-2 Community Business District
South:
East:
West:
NATURAL RI:SOURCE AND
CULTURAL FEATURES:
The site is within the Chesapeake Bay watershed. There does not
appear to be any significant environmental or cultural features on this
site.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Indian
River Road in the vicinity of this application is considered a six (6) lane divided major urban arterial
facility. ThE! MTP indicates an eight (B) lane divided constrained facility within a 155 foot right of way.
There are no CIP projects slated in this area.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Indian River 33,122 ADT 1 26,300 ADT (Level of Existing Land Use L -
Road Service "C") - 4B,200 12 ADT Sunday I 159
ADT 1 (Level of Service ADT Weekday
"E") Typical Retail Land Use 3
- 41 ADT Sunday I B9
ADT Weekday
Proposed Church Land
Use 4 _
122 ADT Sunday I
52 ADT Weekdal
Average Dally Trips
2 as defined by existing day care facility
3 as defined by general retail
4
as defined by 80 member church
5 as defined by participants attending weekday/evening programs
WATER: This site is already connected to City water. The existing 5lB-inch meter must be upgraded to
accommodate the proposed development. There is an existing 12-inch City water line along Indian River.
AGAPE FULL GOSPEL
Agenda Item 5
Page 2
SEWER: The site is currently connected to City sanitary sewer. Analysis of Pump Station #410 and the
sanitary sewer collection system may be required to ensure future flows can be accommodated. There is an
existing 12-inch City gravity sanitary sewer main along Indian River Road.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning
policies and principles for the Primary Residential Area focus strongly on preserving and protecting the
overall character, economic value and aesthetic quality of the stable neighborhoods located in this area.
In a general sense, the established type, size, and relationship of land use, residential and non-
residential, located in and around these neighborhoods should serve as a guide when considering future
development.
Evaluation:
The applicant requests a Conditional Use Permit to operate an 80 member church in an existing, older
structure off of Indian River Road. The existing building appears to have been constructed in 1945. Staff
is recommending a condition that the parking lot be upgraded and that landscaping be installed to
improve the appearance of the site. As this will be a place of "assembly,' additional Building Code
requirements must be met in regards to fire protection, tenant separation, and means of egress. In
addition, upgrades to the building may be required to ensure compliance with all Americans with
Disabilities Act requirements. The applicant is currently working with the Building Official to address these
outstanding concerns. Even with an approval from City Council, occupancy would not be permitted unless
all federal, state and local code requirements are met.
Traffic Engineering Staff indicate that it is likely the church will generate less weekday traffic than a typical
retail use. It is anticipated that the trips to and from the church will occur during off peak hours for the
Indian River Road corridor and, accordingly, the total impact to Indian River Road is expected to be
slightly less during the weekdays than a retail use.
Staff does not expect any negative impacts on surrounding properties due to this Conditional Use Permit
request and recommends approval subject to the conditions below.
CONDITIONS
1 . The existing parking lot shall be resurfaced where necessary and remarked clearly to delineate the
parking spaces. In addition, handicapped-accessible spaces must be installed in accordance with the
Americans with Disabilities Act (ADA).
2. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December
2002, shall be installed along Indian River Road for the length of the property in an effort to screen any
vehicles from view of the right~of-way as well to improve the appearance of the site.
AGAPE FULL GOSPEL
Agenda Item 5
Page 3
3. A Certificate of Occupancy shall be obtained from the Building Official's Office prior to occupancy.
4. All fn~estanding and building signage shall conform to the City of Virginia Beach Zoning Ordinance
and no such signage shall be permitted within the right-of-way.
NOTE: Furth'er conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department :For crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) cOlilcepts and strategies as they pertain to this site.
AGAPE FULL GOSPEL
Agenda Item 5
Page 4
AERIAL OF SITE LOCATION
AGAPE FULL GOSPEL
Agenda Item 5
Page 5
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Agenda \tern 5
Page 6
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CUP - Church
1 01/26/05 MOD - church sign Denied
08/12/03 CUP - church Granted
2 09/08/98 CUP - mini warehouse Granted
3 OS/22/01 CUP - church addition Granted
ZONING HISTORY
AGAPE FULL GOSPEL
Agenda Item 5
Page 7
I DISCl.OSURE STATEMENT
~
APPLICANT DISCLOSURE
If the appHcant ia I corporation, partnership, firm. business, or other unincorporated
organization. complete the following:
1. Ust the appliCant name followed by the names of all officers. members, trustees,
pattnelr&, etc. below: (Anedl list if necessBly) --
Trustee Karen Cuffee
Trustee Tljuanta Mcadoo
Trustee Clarissa Blount
2. Ust all businesses that have a parent-subaldlary 1 or affiliated business entitt
relationship with the applicant (Attach list if necessary'
o Check here if the applicant is NOT a carpof8tion. partnership. firm, busine". or
other unincorporated organization.
PROPERTY OWNER DISCLOSURe
Complete this section only if plDptlrty owner Is alfrerenf trom applicant.
If the pro~lflrty ownef II . corpol1ldon, pattnershtp, firm, busi1ttSS, or other
unincorpcrated orgenization. complete b! following:
1. Ust tnl~ property owner name fonowed by the names of all officers. members,
trusteElS, partners. etC. below: (Attach list if necess8l)')
2. Uat all businesses that have 8 parent-subsidiary' or affiliated bu~ne8S entlV
relatlol18h1p With the applicant (Attach list If necessary)
o ChlIK:k here if the property owner Is NOT I corporation, partnership. firm,
butitness. or other unincorporated organization.
1 & ~ See nllllt page for foolnatft
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes _ No .-X.
If yes. whitt is the name of the official or employee and the nature of their interest?
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AGAPE FULL GOSPEL
Agenda Item 5
Page 8
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DISCLOSURE STATEMENT II
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services. financial services. accounting services, and legal
services: (Attach list if necessary)
1 "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act. Va.
Code ~ 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent-
subsidiary relationship. that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity. or (iii) there is shared management or control between the business
entities. Factors that should be con sidered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities.
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code ~
2.2-3101.
CERllFICA liON: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days ~r to the scheduled public hearing according to the instructions In thiS package. The
underSigned a so consents to entry upon the subject property by employees of the Department of
PI ing to ph tograph and view the site purposes of processing and evaluating thiS application
Ii
< ~ l jJ dr-tt'tVr.ll IY L~c:.
A p' ant's Signature Print Name
Property Owner's Signature (if different than applicant)
Print Name
Conditional Use Permit Application
Page 10 0110
ReVIsed 71312007
AGAPE FULL GOSPEL
Agenda Item 5
Page 9
Item #5
Agape Full Gospel Deliverance & Worship Center
Conditional Use Permit
6620 Indian River Road
District 2
Kempsville
November 12,2008
CONSENT
Joseph Strange: The next item is item 5, Agape Full Gospel Deliverance and Worship
Center. An applic:ation of Agape Full Gospel Deliverance and Worship Center for a
Conditional Use Permit for a church on property located at 6620 Indian River Road, District
2, Kempsville, with four conditions.
Elder Brenda T. Jones: I'm Elder Brenda T. Jones. I'm from Agape Full Gospel
Deliverance and V{orship Center. My Pastor couldn't be here so I'm standing for her today.
Joseph Strange: Are the conditions acceptable?
Elder Brenda T. Jones: Yes.
Joseph Strange: Thank you very much. Is there any opposition to this matter being placed
on the consent agenda? Okay. Ifnot, the Chairman has asked Henry Livas to review this
item. Thank you ma'am.
Elder Brenda T. Jones: Thank you.
Henry Livas: The applicant requests a Conditional Use Permit for a church in a portion of an
existing building located on Indian River Road. There are a total of 80 members. The
church plans to utilize an approximately 2,000 square feet unit that includes the sanctuary,
administrative offices, a media room, a kitchen, a fellowship hall, the pastor's study, and two
(2) restrooms. No (exterior alterations are proposed. The Traffic Engineering staff reveals
that it is likely the church will generate less weekday traffic than a typical retail use. Staff is
also recommending that the condition of the parking lot be upgraded and landscaping be
installed to improv(~ the appearance of the site. Consequently, we recommend approval of
the requested Conditional Use Permit and we have placed it on consent agenda for approval.
Joseph Strange: Thank you Henry. Madam Chairman, I make a motion to approve agenda
item 5.
Janice Anderson: I have a motion by Joe Strange and a second by Gene Crabtree.
AYE 10
NAY 0
ABSO
ABSENT 1
j
\
ANDERSON AYE
Item #5
Agape full Gospel Deliverance & Worship Center
Page 2
BERNAS
CRABTREE
HENLEY
HORSLEY
KA TSIAS
KNIGHT
LIV AS
REDMOND
RUSSO
STRANGE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item 5.
(
ABSENT
M. APPOINTMENTS
BEACHES AND W A TERW A YS COMMISSION
COMMUNITY SERVICES BOARD
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
TIDEWATER REGIONAL GROUP HOME COMMISSION
N. UNFINISHED BUSINESS
o. NEW BUSINESS
P. ADJOURNMENT
Effective 1 January 2009:
Virginia Beach City Council will hold
Informal and Formal Sessions
on the second and fourth Tuesdays of each month.
Workshops will be scheduled
for the first and third Tuesdays of each month
per action taken 11. 18.08.
A Special Formal Session will be held
Monday, January 5, 2009 at 4:00 PM
for the REORGANIZATION of City Council
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
Agenda 12/09/08 gw/st
www.vhgov.com
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCU ACnONS
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ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
I BRIEFINGS:
BURTON ST A TIONI Northampton Robert S. "Steve"
A. Herbert, Deputy
Corridor Strategic Growth City Manager
B. FA TS/OILS/GREASE (FOG) Thomas Leahy,
ORDINANCE Director - Public
Utilities
C. SEWER PUMP STATION PRO RATA Thomas Leahy,
FEE Director - Public
Utilities
II. City Council Liaison Reports
nUIV N NVF MINUTES
InfonnaVFonnal Sessions I 1/25108 DEFERRED TO I1-0 Y Y Y Y Y Y Y Y Y Y Y
12/9/08
G/HII PUBLIC HEARING
TOWN CENTER, PHASE IV 3 Speakers
W/I Ordinances to AMEND City Code:
a. ~30-59 re Erosion/Sediment DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Control Site Stabilization INDEFINA TEL YB
Y CONSENT
b. Chapter 5 - Animals and Fowls - ADOPTED 10-1 Y Y Y Y Y Y Y Y N Y Y
ADDING ~5-20 re feedin!! wildlife
2 Resolution to OPPOSE uranium ADOPTED I1-O Y Y Y Y Y Y Y Y Y Y Y
mining
3. Ordinances re (CBD): DEFERRED 9-0 Y A Y Y Y Y Y Y A Y Y
INDEFINA TEL Y
a.ESTABLISH Northeast (TIF) District.
b. ADJUST the boundary for (CBD)
South (TIF) District
4 Ordinance to APPROPRIATE $200,000 to ADOPTED 9-2 Y Y Y Y Y Y Y Y Y N N
V A Musical Theatre re interest free loan
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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H L R Y S N F N A N D
5 Ordinances to ACCCEPT/
APPROPRIATE:
a. $430,3 14 re Statf ADOPTED BY ll-O Y Y Y Y Y Y Y Y Y Y Y
reimbursements from Comp Board COSENT
re Clerk of the Circuit Court.
b. $47,900 from U.S. Homeland ADOPTED BY ll-O Y Y Y Y Y Y Y Y Y Y Y
Security re Fire's Ci!tizen Corps COSENT
CounciVCommunity Response
Team
c. $48,427 from U.S. .Justice for Sheriffs ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
re criminal aliens COSENT
KlI JOYCE LEE CRUMBLE Variance to APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y
g4.4(b) of Subdivision Ord that all lots meet CONDITIONED,
(CZO) at Hope AvenuelBeach Town Road BY COSENT
DISTRICT 6 - BEACH
2 5073 VIRGINIA BEAleH APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y
BOULEVARD, L.L.C. CUP re vehicle CONDITIONED,
sales/rental at 5073 Virginia Beach BY COSENT
Boulevard.
DISTRICT 2 - KEMPSVILLE
3 KAREN PARKER CUP re home APPROVED 11-0 Y Y Y Y Y y y Y y y y
Daycare at 5516 Gosling Court, CONDITIONED,
DISTRlCT 4 - BA YSIDE BY CONSENT
4 COLUMBUS TOWER BLOCK 5-A2 APPROVED WITH ll-O Y Y Y Y Y Y Y Y Y Y Y
ASSOCIATES, L.L.C. ~'::UP re mix-used at CON-
Town Center to be used liS a college (Art SIDERATIONS
Institute of Virginia Bench) at 4500 Main.
Street.
DISTRICT 5 - L YNNHA VEN
5 RICHMOND 20 MHZ, LLC d/b/a APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y
NTELOS, CUP re comm tower at 422 I CONDITIONED,
Pleasant Valley Road BY COSENT
DISTRICT 2 - KEMPSVILLE
6 1000 N. GREAT NECK ROAD, LLC MODIFIED, 11-0 Y Y Y Y Y Y Y Y Y Y Y
(Virginia Beach Christian Life Center) CONDITIONED,
Modification of Conditions re expansion of BY CONSENT
parking lot at 1000 North Great Nec:k
Road.
DISTRICT 5 - L YNNHA VEN
7 JOYNT ENTERPRISI:S, INC., tla MODIFIED, 11-0 Y Y Y Y Y Y Y Y Y Y Y
PEMBROKE SUZUKI Modification CONDITIONED,
of Conditions No. 4 and 5 re auto BY CONSENT
sales/service at 4753 Virginia Beach
Boulevard.
DISTRICT 2 - KEMPSVILLE
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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H L R Y S N F N A N D
8 NEAL REED Modification of MODIFIED, 11-0 Y Y Y Y Y Y Y Y Y Y Y
Conditions re convenience store at 798 CONDITIONED,
Lynnhaven Parkway. BY CONSENT
DISTRICT 6 - BEACH
9 City:
a. AMEND Comp Plan/ADD Resort ADOPTED, BY 10-1 Y Y Y Y Y N Y Y Y Y Y
Area Strategic Action Plan as CONSENT
Appendix.
b.AMEND 92II of (CZO) re ADOPTED, BY 10-1 Y Y Y Y Y N Y Y Y Y Y
temporary signs. CONSENT
c.AMEND 9203 of (CZO) re parking ADOPTED, BY
requirements in B-3A/B-4C (CBD). CONSENT II-O Y Y Y Y Y Y Y Y Y Y Y
d. AMEND 94.1 of Appendix B, Subdivision ADOPTED, BY
Regulations, re DELETION of minimum CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y
rowl paved width minor Subdivision streets
L. APPOINTMENTS RESCHEDULED II-O B Y C 0 N S E N S U S
COMMUNITY SERVICES BOARD
MILITARY ECONOMIC
DEVELOPMENT ADVISORY
COMMmEE
TIDEWATER REGIONAL GROUP
HOME COMMISSION
P ARKS AND RECREATION Appointed Kristen II-O Y Y Y Y y Y Y Y y Y y
COMMISSION Myers
Unexpired thru
8/3 \III
M/N/O ADJOURNMENT 8:00 PM
PUBLIC COMMENTS I Speaker I
8:02 - 8:04 PM
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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H L R Y S N F N A N D
Effective 1 January 2009:
Virginia Beach City Council will hold
Informal and Formal Sessions
on the second alnd fourth Tuesdays of each month. Workshops will be scheduled
for the first and third Tuesdays of each month
per action taken 11.18.08.
A Special Formal Session will be held
Monday, January 5,2009 at 4:00 PM
for the REORGANIZATION of City Council