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JANUARY 12, 2010 MINUTESI II I II CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZ L. Kempsville - District 2 ROBERT M. DYER, Centerville - District l BARBARA M. HENLEY, Princess Anne District 7 JOHN E. (IHRIN, Beach -- District 6 ROSEMARY WILSON, Ai -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR JERALD BANAGAN CITY AUDITOR LYNDONS. REMIAS CITY CLERK RUTH HODGES ERASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 12 January 2010 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.com I. CITY COUNCIL BRIEFING: - Conference Room - A. GREEN RIBBON COMMITTEE Barry Frankenfield, Manager, Strategic Growth Area II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION A. B. C. - Conference Room - CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION 3:30 PM 4:30 PM VI. FORMAL SESSION AGENDA - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Jim Pugh Calvary Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS December 8, 2009 G. FORMAL SESSION AGENDA H. PUBLIC HEARINGS 1. SHORT-TERM RENTAL PROPERTY - TAXATION 2. SALE OF EXCESS PROPERTY 1289 Ferry Point Road 3. TAX EXEMPT ORGANIZATIONS a. Aware Worldwide, Inc. b. Dolphin Scholarship Foundation c. Eden Family Institute d. Mereland L. Cook Sr. Foundation e. Mother Seton House, Inc. f. Neighbor to Family, Inc (NTF) g. New Jerusalem Church of God in Christ h. Prostate Cancer International, Inc. i. Pungo Strawberry Festival, Inc. j. Sought Out, Inc. k. Susan G. Komen Tidewater 1. Together We Can Foundation m. Youth Foundation of Virginia Beach J. CONSENT AGENDA I II K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §23-50.1 re penalty for failure to comply in the removal of certain trees b. §35-252 to define Short -Term Rental Tax to conform to the State Code 2. Ordinances to EXEMPT certain organizations: a. Real and Personal Property Taxes: 1. New Jerusalem Church of God In Christ b. Personal Property Taxes: 1. Aware Worldwide, Inc. 2. Dolphin Scholarship Foundation 3. Eden Family Institute 4. Mereland L. Cook Sr. Foundation 5. Mother Seton House, Inc. 6. Neighbor to Family, Inc (NTF) 7. Prostate Cancer International, Inc. 8. Pungo Strawberry Festival, Inc. 9. Sought Out, Inc. 10. Susan G. Komen Tidewater 11. Together We Can Foundation 12. Youth Foundation of Virginia Beach 3. Ordinance DECLARING City property on Ferry Point Road to be EXCESS and AUTHORIZING the City Manager to execute documents to sell and convey these portions to Manousos Enterprises, Inc. 4. Ordinance to AUTHORIZE a temporary encroachment into a portion of a City -owned right- of-way for PEDRO F. and MELLESSA M. BECERRA-CELY to construct and maintain a wharf and four (4) pile boat lift into Pike Inlet at 309 Teal Crescent. DISTRICT 7 — PRINCESS ANNE 5. Resolution in SUPPORT of the Safe Route to School (SRTS) project re the Newtown Road Corridor between Haygood Road and Diamond Springs Road near Bayside Middle School 6. Resolution to SUPPORT completion of the Transit Extension Study, HOLD IN ABEYANCE construction of the light rail project and URGING the Transportation District Commission of Hampton Roads (TDCHR) to install new leadership to restore confidence of member localities and citizens in Hampton Roads Transit (HRT) 7. Ordinance to ACCEPT $7,185 from the Division of Motor Vehicles (DMV) (animal friendly license plates) and provide it to the SPCA to support dog and cat sterilization efforts 8. Ordinance to APPROPRIATE $47,835 to Housing and Neighborhood Preservation (DHNP) re an upgrade to the software system in use by the Housing Choice Voucher program 9. Ordinance to ESTABLISH a Capital Project and TRANSFER $228,000 for the Interfacility Traffic Area (ITA) Master Plan Study encompassing the Princess Anne area: a. $178,000 from Oceana ITA conformity and acquisition b. $40,000 from the General Fund Reserve for Contingencies c. $10,000 from Open Space Park Development and Maintenance L. PLANNING 1. Application of CLUB DIESEL (CRAIG DEAN)/PROSPERITY BEACH, LLC for Modification of the existing Proffer Agreement (previously approved by City Council on May 9, 2006 and April 8, 2008) to allow an outdoor patio, deck and motorcycle parking area at 1375 Oceana Boulevard DISTRICT 6 - BEACH DISTRICT RECOMMENDATION APPROVAL 2. Application of NANTUCKET BY THE BAY, LLC for Modification of existing Proffer Agreement (previously approved by City Council on October 25, 2005 and January 22, 2008) to allow child daycare as well as future site and building design at 3762 Shore Drive DISTRICT 4 — BAYSIDE DISTRICT RECOMMENDATION APPROVAL 3. Application of CHURCH OF THE HOLY FAMILY for Modification of Conditions (previously approved by City Council on December 8, 1998) to allow construction of a Columbarium at 1279 North Great Neck Road DISTRICT 5 - LYNNHAVEN DISTRICT RECOMMENDATION APPROVAL 4. Application of TIDEWATER KOREAN BAPTIST CHURCH for Modification of Conditions (previously approved by City Council on January 13, 1998 and February 13, 2007) to add a second story to the church at 301 Overland Road DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 5. Application of NEW BEGINNING OUTREACH CHURCH/CHIMNEY HILL CENTER VIRGINIA BEACH, VA, LP for a Conditional Use Permit re a church within an existing shopping center at 945 Chimney Hill Shopping Center, Suite 102 DISTRICT 3 — ROSE HALL RECOMMENDATION APPROVAL 6. Application of HARD CONCRETE CO./MASAG II, LLC for a Conditional Use Permit re a contractor's storage yard at 1528 Centerville Turnpike. DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 7. Application of KLB BUILDERS/LESSEL PARKER for a Change of Zoning District Classification from A-12 Apartment District to R -5S Residential District re construction of a new single-family dwelling at 1145 Carver Avenue DISTRICT 6 - BEACH DISTRICT RECOMMENDATION APPROVAL 8. Ordinance to AMEND Section 1001 of the City Zoning Ordinance (CZO) re religious uses in the I-1 and I-2 Industrial Districts RECOMMENDATION ADOPTION M. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION RESORT ADVISORY COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT Agenda 1/12/l0st www.vbgov.com * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** TOWN HALL MEETING FY2010-11 BUDGET January 21, 2010 - 7:00 PM Great Neck Recreation Center 2521 Shorehaven Drive If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 * * * * * * * * * * * I II 1 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 12, 2010 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL'S BRIEFING: re GREEN RIBBON COMMITTEE in the City Council Conference Room, Tuesday, January 12, 2010, at 3:30 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None Delegate -Elect Ron A. Villanueva submitted his resignation to City Council effective December 31, 2009, having been certified as the City's newest Delegate -Elect to the Virginia General Assembly. January 12, 2010 -2 - CITY COUNCIL BRIEFINGS GREEN RIBBON COMITTEE 3:30 P.M. ITEM # 59505 Peter Schmidt, Co -Chairman — Green Ribbon Committee, on which he has served since its inception, advised the Green Ribbon Committee was appointed by City Council in June 2006 to provide advice and assistance to the City Council in matters relating to improving water quality, focusing on developing properties and supporting infrastructure. This Committee minimized the use of natural resources, and reduced harmful effects on water quality in the City's waterways. Mr. Schmidt expressed appreciation to City Council Liaisons: Council Lady Barbara M. Henley and Councilman James L. Wood. The "bar" is always being raised on environmental regulations. New stormwater regulations have been promulgated by the State. Stormwater runoff continues to be the largest source of urban pollution. 83% of the stormwater that falls in the Lynnhaven Basin goes untreated. Barry Frankenfield, Co -Chairman — Green Ribbon Committee and Manager — Strategic Growth Area, outlined the history and accomplishments of the Green Ribbon Committee: History Green Ribbon Committee Report November 2007 Implementation Committee appointed December 2007 Reappointment of Implementation Committee — Two -Year Term (July 2009 to June 2011) Staff meets monthly Full Citizen Committee meets every two (2) months Accomplishments through July 2009 LEED Certification for City Buildings - Administrative Directive Improved Stormwater Management for City Redevelopment and Capital projects LEED AP Staff (7+) Buffer Restoration Requirements for Conditional Zoning, Variances, and Easements — City Policy Vegetative Buffer Guidelines — City Policy Watershed Goals (TMDL Guidelines) DSC Notice — Bio- Retention in Park Lots Comprehensive Stormwater Project Planning Prohibition of Feeding of Wildlife Ordinance Accomplishments through December 2009 Residential Street Width Reduction — Ordinance Approved July 2009 Stewardship Award Program guidelines completed and advertised in October 2009, first awards Earth Day 2010 Wind Energy Ordinance, August 2009 Reduce size of Cul de sacs Ordinance, November 2009 Study completed for MW Dam Creek, first Comprehensive Stormwater Plan project, design start February 2010 Implementation Committee Re -appointed for a two year ter„ July 2009 January 12, 2010 -3 - CITY COUNCIL BRIEFINGS GREEN RIBBON COMITTEE ITEM # 59505 (Continued) Implementation Committee Citizen Representatives Council Liaisons: Council Members Henley and Wood Peter Schmidt Karen Forget Billy Almond Noah Hill Eddie Bourdon June Barrett -McDaniel 's Claudia Cotton Wayne McCoy Craig Cope Chuck Miller Andrew Fine John Oliveri Recognitions Go Green Award, Silver Certification — 20% improvement, Virginia Municipal League, Environmental and Energy Categories Joint Energy Award — Grant for $4.2 -MILLION (American Recovery and Investment Act), Energy related improvements in City and School Buildings, Carbon Footprint Baseline, Renewable Energy Projects Coastal America (Presidential Award) — City and Partners for restoration of Oysters in the Lynnhaven Elizabeth River Project "Star" — Partnership Level Award for Green Ribbon Committee, Water Trail and Restoration Projects Proposed Ordinances 2010 Site Stabilization Ordinance — Draft completed will be forwarded to Council in February 2010 Tax Incentive Ordinances - Work in Progress Energy Efficient Buildings Tax Incentives for Solar Panels and Equipment Energy Efficient Buildings • Intended to encourage green buildings and energy conservation practices in new and existing buildings through financial incentives. • Modeled from similar tax rate reduction ordinances • Arlington (density bonus, no financial incentive) • Charlottesville (50% one time reduction) • Roanoke (12 cent reduction on the tax rate for five (5) years Fiscal impact is unknown, however, in Roanoke, the incentive has only been used for new construction. January 12, 2010 -4- CITY COUNCIL BRIEFINGS GREEN RIBBON COMITTEE ITEM # 59505 (Continued) Energy Efficient Buildings (Continued) • For buildings that exceed by 30% Energy Efficient Buildings as defined by the State Code of Virginia • Preliminary recommendation for separate tax classification for Energy Efficient Buildings • Reviewed by City Assessor and Commissioner of Revenue Solar Panels and Equipment • Tax Incentives for Solar Panels and Equipment - Ordinance in Roanoke Virginia - One time property tax credit. • Solar Panels and Recycling Equipment are defined in the ordinance • Could consider expanding the equipment to include wind energy equipment and other energy conservation or recycling equipment Note: Tax incentives will require a reference in FY 11 Budget Work Curre • Parking Regulations Revisions — Carolyn Smith, Planning Landscape and Buffer Management Guidelines - Clay Bernick, Planning and Kristina Salzman, Parks and Recreation rogr ss • Impervious Coverage and Open Space Requirements — Barbara Duke, Parks and Recreation; and, Carolyn Smith, Planning January 12, 2010 I II I II -5- CITY COUNCIL BRIEFINGS GREEN RIBBON COMITTEE ITEM # 59505 (Continued) Parking Regulations Revisions • Workshop held for stakeholders included Resort Advisory Commission (RAC), Chamber of Commerce, Retail Alliance, Tidewater Builders Association (TBA), and Virginia Beach Vision • Modifies excessive parking requirements • Sets maximum and minimum requirements • Facilitates shared and off-site parking • Requires bicycle and motorcycle parking • Increases compact parking spaces • Proposed Ordinance Amendments - Summer 2010 Landscape and Buffer Management Guidelines • Update plant lists and Installation and Maintenance Guidelines • Reviewing and revising landscape elements and including new elements such as green roofs and rain gardens • New Landscape Guidelines Document — integrates parking lots, subdivisions, stormwater, natural areas, and vegetative buffer areas • Draft documents Summer 2010, final documents November 2010 Impervious Cover and Open Space Requirements • Integrate this work into Landscape Guidelines update • New point system — Provides flexibility and range of options for developers (based on Seattle Green Factor) • Goals — Increase tree canopy and create healthy, livable urban centers • Draft guidelines Summer 2010; final documents and guidelines, November 2010 Future Phases and Work • Retrofit of Public and Private Properties for Water Quality Improvements • Street Tree Easements • LEED Quality Development Guidelines for private development with incentives and/or green funding program • Green Ribbon Committee report tasks completed and sustainable green initiatives integrated into City culture and projects January 12, 2010 I II -6- CITY COUNCIL BRIEFINGS GREEN RIBBON COMITTEE ITEM # 59505 (Continued) Sta iVierrt be rs Robert S. Herbert, Executive Sponsor Barbara Duke Barry Frankenfield Bill Johnston Bill Macali Carolyn Smith* Clay Bernick Charles Hassen Joanne Moore* Karen Lasley * New Kay Wilson* Kristina Salzman* Lori Herrick Meredith Ching. Nancy McIntyre* Pam Matthias* Richard Lowman* Ross Brockwell* Wells Freed* Council Lady Henley referenced the cost of storm water improvements, which Peter Schmidt had also mentioned re improved water quality and changed regulations coming on-line. A few weeks ago, the Public Utilities Storm Water fee bills were distributed. A lady in Council Lady Henley's District mentioned the increased costs. Council Lady Henley advised this is the second year of the increased fee, which is now 22.1 cents per day. Last year the cost was 20.1 cents per day. Next year, the cost will increase another 2 cents per day. Council Lady Henley advised the cost was increasing as the City is not just draining the water off, but also treating it due to the new water quality standards. January 12, 2010 I II -7 - CITY COUNCIL LIAISON REPORTS 3:52 P.M. VIRGINIA AQUARIUM and MARINE SCIENCE CENTER RENOVATION PROJECT ITEM # 59506 Council Members DeSteph and Wood, Liaisons to the Virginia Aquarium and Marine Science Center, advised since the opening of the new Restless Planet Exhibit, there has been record attendance. BIKEWAYS AND TRAILS ADVISORY COMMITTEE ITEM # 59507 Council Lady Henley, Liaison — Bikeways and Trails Advisory Committee, advised the updated 2010 Plan is now underway. From February through April, there will be an Outreach Committee to assist interested groups and neighborhoods to review the plan. Council Lady Henley suggested if any City Council Member has any neighborhoods which they work with and are involved with the bike routes, to please advise Wayne T. Wilcox, CLA, Senior Planner — Virginia Parks and Recreation and primary Liaison with the Bikeways and Trails Advisory Committee, or Barbara Duke, AICP, Senior Open Space Planner, Planning Design and Development Division — Virginia Beach Parks and Recreation, as they will welcome community comment over the next few months. TECHNOLOGY UPDATE ITEM # 59508 Council Member Davis, Liaison, distributed the Technology Update, which is hereby made a part of the record. Topics included Zoning Map Conversion, Bike Path Mapping Layer, GIS WEB Infrastructure Upgrade. Zoning Map Conversion: The Department of Planning and Community Development administers zoning for the City. The Zoning Map Conversion project migrated zoning information into a standardized GIS database format to improve the process and make updates easier to manage. It established a seamless enterprise source layer which eliminates the legacy MicroStation application software destined for retirement. The newer GIS technology offers increased functionality and many benefits to the City. Bike Path Mapping Layer: A new mapping layer has been created to provide the locations of existing and planned bike paths. It will be used by Public Works and Parks and Recreation to refine plans to deploy additional bike lanes through the paving schedule and to gain further understanding of the size and scope of recreation activities available to citizens. GIS Web Infrastructure upgrade: The purpose of this project is to upgrade the Geospatial Information Services (GIS) web platform software, hardware and core GIS web services to provide an integrated, fully interactive web platform. This will enable our customers easy access to Enterprise GIS web mapping applications with the tools and information to make better decisions, improve efficiency, streamline work, reduce redundancies and increase productivity. January 12, 2010 8 CITY COUNCIL LIAISON REPORTS MAYOR'S COMMITTEE ON EMPLOYEE PENSIONS ITEM # 59509 Mayor Sessoms advised he had requested Councilman Harry Diezel chair a Mayor's Committee re the retirement system with Councilman Glenn Davis acting as Vice Chair. Chairman Diezel distributed correspondence requesting a ninety (90) day extension. After receiving comprehensive briefings from Joint Legislative Audit and Review Commission (JLARC) and Virginia Retirement System (VRS), it is clear that possible retirement options for new (and existing) personnel cannot be considered prior to General Assembly concurrence and enactment. As currently structured, the Defined Benefit program and the Defined Contribution process are legislative processes not amendable to local options. The six month timetable given to the Committee does not seem attainable until the Committee understands the intent and direction provided by the General Assembly. January 12, 2010 I -9- CITY COUNCIL COMMENTS 3:54 P.M. ITEM # 59510 Mayor Sessoms advised at the request of Councilman Uhrin, the ADVERTISING ADVISORY COMMITTEE will be reactivated. Councilman Uhrin advised the meetings still continued. The City Attorney will prepare the appropriate document for the City Council Agenda. ITEM # 59511 Councilman DeSteph inquired re the Lake Gaston Study (approximately $437,000). Councilman DeSteph did not understand why the City was performing the Study. The City should wait for the study of the Department of Environmental Quality as well as other Federal studies before our study is initiated. The City Manager advised the Study is addressing issues of the National Academy of Science Foundation's proposed Study (estimated cost: $2.4 -MILLION). He feels the City is trying to provide specific information to them, addressing very specific issues relating to how uranium contamination might get into the Roanoke River Basin should there be a certain climatic condition. The City had participated in scoping meetings with the State and is abiding by the requirements requested in City Council's Resolution ADOPTED December 2, 2008: Resolution to OPPOSE uranium mining in the Commonwealth of Virginia unless and until an unbiased, conclusive study can demonstrate no significant release of radioactive sediments downstream Councilman Wood serves on the Legislative Committee for the Virginia Municipal League. Uranium Mining is an issue statewide. If the moratorium is lifted, it will literally impact the drinking water of just about every major entity in Virginia and a number of them in North Carolina. The National Academy of Science Foundation's proposed Study has still not been approved. This is basically an "armchair" study. The VML has specifically requested model simulation data for total maximum probable participation. Vice Mayor Jones advised the concern of the Water Task Force is any impact on the water supply would be major not only from a health, but an economic standpoint. If the City waits to accomplish a study before the Department of Environmental Quality (DEQ) completes their study, their study will go to the General Assembly for a decision and the City is not going to have `facts to present" to the State re their decision. The City needs to have their input into the issues. January 12, 2010 I II -10- AGENDA REVIEW SESSION 3:55 P.M. ITEM # 59511 K 1. Ordinances to AMEND the City Code: a. §23-50.1 re penalty for failure to comply in the removal of certain trees Councilman DeSteph requested this Ordinance be DEFERRED two (2) weeks, until the City Council Session of January 26, 2010. This Ordinance will be combined with the lawn ordinance. At the present time if you fail to cut your grass when it is ten (10") inches in height it is a Class 11 misdemeanor. ITEM # 59512 K6. Resolution to SUPPORT completion of the Transit Extension Study, HOLD IN ABEYANCE construction of the light rail project and URGING the Transportation District Commission of Hampton Roads (TDCHR) to install new leadership to restore confidence of member localities and citizens in Hampton Roads Transit (HRT) Councilman Davis requested Item K6 be REMOVED from the Agenda. This Resolution is no longer required ITEM # 59513 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §23-50.1 re penalty for failure to comply in the removal of certain trees b. §35-252 to define Short -Term Rental Tax to conform to the State Code January 12, 2010 I II AGENDA REVIEW SESSION ITEM # 59513 (Continued) 2. Ordinances to EXEMPT certain organizations: a. Real and Personal Property Taxes: 1. New Jerusalem Church of God In Christ b. Personal Property Taxes: 1. Aware Worldwide, Inc. 2. Dolphin Scholarship Foundation 3. Eden Family Institute 4. Mereland L. Cook Sr. Foundation 5. Mother Seton House, Inc. 6. Neighbor to Family, Inc (NTF) 7. Prostate Cancer International, Inc. 8. Pungo Strawberry Festival, Inc. 9. Sought Out, Inc. 10. Susan G. Komen Tidewater 11. Together We Can Foundation 12. Youth Foundation of Virginia Beach I 3. Ordinance DECLARING City property on Ferry Point Road to be EXCESS and AUTHORIZING the City Manager to execute documents to sell and convey these portions to Manousos Enterprises, Inc. 4. Ordinance to AUTHORIZE a temporary encroachment into a portion of a City - owned right-of-way for PEDRO F. and MELLESSA M. BECERRA-CELY to construct and maintain a wharf and four (4) pile boat lift into Pike Inlet at 309 Teal Crescent. DISTRICT 7 — PRINCESS ANNE 5. Resolution in SUPPORT of the Safe Route to School (SRTS) project re the Newtown Road Corridor between Haygood Road and Diamond Springs Road near Bayside Middle School 6. Resolution to SUPPORT completion of the Transit Extension Study, HOLD IN ABEYANCE construction of the light rail project and URGING the Transportation District Commission of Hampton Roads (TDCHR) to install new leadership to restore confidence of member localities and citizens in Hampton Roads Transit (HRT) 7. Ordinance to ACCEPT $7,185 from the Division of Motor Vehicles (DMV) (animal friendly license plates) and provide it to the SPCA to support dog and cat sterilization efforts 8. Ordinance to APPROPRIATE $47,835 to Housing and Neighborhood Preservation (DHNP) re an upgrade to the software system in use by the Housing Choice Voucher program January 12, 2010 - 12 - A GENDA REVIEW SESSION ITEM # 59513 (Continued) 9. Ordinance to ESTABLISH a Capital Project and TRANSFER $228, 000 for the Interfacility Traffic Area (ITA) Master Plan Study encompassing the Princess Anne area: a. $178,000 from Oceana ITA conformity and acquisition b. $40, 000 from the General Fund Reserve for Contingencies c. $10,000 from Open Space Park Development and Maintenance Item la. ('23-50.1 re penalty in the removal of certain trees) shall be DEFERRED, BY CONSENT, until the City Council Session of January 26, 2010. Councilman Diezel shall ABSTAIN on item 2. b.11 (EXEMPT - Personal Property Taxes — Together We Can Foundation). Councilman Diezel's wife is a member of this Foundation. Item 6 (Resolution to SUPPORT completion of the Transit Extension Study, HOLD IN ABEYANCE construction of the light rail project and URGING the Transportation District Commission of Hampton Roads (TDCHR) to install new leadership) shall be REMOVED, BY CONSENT. January 12, 2010 - 13 - A GEN DA REVIEW SESSION ITEM # 59514 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Application of CLUB DIESEL (CRAIG DEAN)/PROSPERITYBEACH, LLC for Modification of the existing Proffer Agreement (previously approved by City Council on May 9, 2006 and April 8, 2008) to allow an outdoor patio, deck and motorcycle parking area at 1375 Oceana Boulevard DISTRICT 6 - BEACH DISTRICT 2. Application of NANTUCKET BY THE BAY, LLC for Modification of existing Proffer Agreement (previously approved by City Council on October 25, 2005 and January 22, 2008) to allow child daycare as well as future site and building design at 3762 Shore Drive DISTRICT 4 — BAYSIDE DISTRICT 3. Application of CHURCH OF THE HOLY FAMILY for Modification of Conditions (previously approved by City Council on December 8, 1998) to allow construction of a Columbarium at 1279 North Great Neck Road DISTRICT 5 - LYNNHAVEN DISTRICT 4. Application of TIDEWATER KOREAN BAPTIST CHURCH for Modification of Conditions (previously approved by City Council on January 13, 1998 and February 13, 2007) to add a second story to the church at 301 Overland Road DISTRICT 2 - KEMPSVILLE 5. Application of NEW BEGINNING OUTREACH CHURCH/CHIMNEY HILL CENTER VIRGINL4 BEACH, VA, LP for a Conditional Use Permit re a church within an existing shopping center at 945 Chimney Hill Shopping Center, Suite 102 DISTRICT 3 — ROSE HALL 6. Application of HARD CONCRETE CO./MASAG II, LLC for a Conditional Use Permit re a contractor's storage yard at 1528 Centerville Turnpike. DISTRICT 1 - CENTER VILLE 7. Application of KLB BUILDERS/LESSEL PARKER for a Change of Zoning District Classification from A-12 Apartment District to R -5S Residential District re construction of a new single-family dwelling at 1145 Carver Avenue DISTRICT 6 - BEACH DISTRICT 8. Ordinance to AMEND Section 1001 of the City Zoning Ordinance (CZO) re religious uses in the I-1 and I-2 Industrial Districts January 12, 2010 - 14 - ITEM # 59515 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY -HELD PROPERTY. Discussion or consideration of the, acquisition, or of the disposition of publicly -held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Beach District Lynnhaven District Princess Anne District Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4:10 P.M. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Break: 4:11 P.M. - 4:15 P.M.) (Closed Session: 4:15 P.M. - 4:45 P.M.) (Dinner: 4:45 P.M. - 5:55 P.M.) January 12, 2010 I II II II - 15 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 12, 2010 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 12, 2010, at 6:00 P.M. Council Members Present: Glenn R. Davis, Robert M Dyer, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None Delegate -Elect Ron A. Villanueva submitted his resignation to City Council effective December 31, 2009, having been certified as the City's newest Delegate -Elect to the Virginia General Assembly. INVOCATION: Vice Mayor Louis R. Jones PLEDGE OFALLEGLANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Given by the Girl Scout Troop 106 — Elizabeth Farry - Community Relations Manager - Girl Scout Council of Colonial Coast Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. January 12, 2010 - 16 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identfing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identdying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of January 27, 2004, is hereby made a part of the record. January 12, 2010 - 17 - RECOGNITION OF GIRL SCOUTS ITEM # 59516 Mayor Sessoms RECOGNIZED the following Girl Scouts and their leaders who led the Pledge of Allegiance: Elizabeth Farry Community Relations Manager Girl Scout Council of Colonial Coast Girl Scout Troop 106 Sama Beltramo Lianna Brown Kasey Burke Sydney DeSena Christine Eberwein Colby Hinshaw Riley Kindley Kaitlyn McLaughlin Taylor Seaman Leaders Jennie Burke Dusty Davis Anne Ebersein Rachelle McLaughlin Mayor Sessoms presented, each Scout with a City Seal Pin during a tour of his office. January 12, 2010 Item — V -E.1 CERTIFICATION - 18 - ITEM # 59517 Upon motion by Councilman Dyer, seconded by Councilman Davis, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #59515, Page 14, and in accordance with the provisions of The Virginia Freedom of Information Acr, 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. th Hodges City Clerk raser, MMC January 12, 2010 I II Item V -F.1 -19- ITEM # 59518 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the FORMAL SESSION of December 8, 2009. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 - 20 - Item V-G.I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 59519 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 12, 2010 Item V -H.1. PUBLIC HEARING -21 - ITEM # 59520 Mayor Sessoms DECLARED A PUBLIC HEARING: SHORT-TERM RENTAL PROPERTY - TAXATION There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING January 12, 2010 Item V -H.2. PUBLIC HEARING - 22 - ITEM # 59521 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS PROPERTY 1289 Ferry Point Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING January 12, 2010 - 23 - Item V -H.3 PUBLIC HEARING ITEM # 59522 Mayor Sessoms DECLARED A PUBLIC HEARING: TAX EXEMPT ORGANIZATIONS a. Aware Worldwide, Inc. b. Dolphin Scholarship Foundation c. Eden Family Institute d. Mereland L. Cook Sr. Foundation e. Mother Seton House, Inc. f Neighbor to Family, Inc (NTF) g. New Jerusalem Church of God in Christ h. Prostate Cancer International, Inc. i. Pungo Strawberry Festival, Inc. j. Sought Out, Inc. k. Susan G. Komen Tidewater 1. Together We Can Foundation m. Youth Foundation of Virginia Beach There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING January 12, 2010 I II - 24 - Item V K. ORDINANCES/RESOLUTIONS ITEM # 59523 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1a. (DEFERRED), lb, 2a/b, 3, 4, 5, 6 (REMOVED), 7, 8, 9a/b/c of the CONSENT AGENDA. Item 1.a. (penalty re removal of certain trees) was DEFERRED, BY CONSENT, until the City Council Session of January 26, 2010. Item 6 (Resolution to SUPPORT completion of the Transit Extension Study, HOLD IN ABEYANCE construction of the light rail project and URGING the Transportation District Commission of Hampton Roads (TDCHR) to install new leadership) was REMOVED, BY CONSENT. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Councilman Diezel ABSTAINED on item 2.b.11 (EXEMPT - Personal Property Taxes — Together We Can Foundation). Councilman Diezel's wife is a member of this Foundation. January 12, 2010 - 25 - Item V-K.1a. ORDINANCES/RESOLUTIONS ITEM # 59524 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED, BY CONSENT, until the City Council Session of January 26, 2010: Ordinance to AMEND the City Code: a. §23-50.1 re penalty for failure to comply in the removal of certain trees Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 - 26 - Item V -K.1 b. ORDINANCES/RESOLUTIONS ITEM # 59525 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AMEND the City Code: §35-252 to define Short -Term Rental Tax to conform to the State Code Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 1 AN ORDINANCE TO AMEND SECTION 35-252 OF 2 THE CITY CODE PERTAINING TO SHORT-TERM 3 RENTAL PROPERTY 4 5 Section Amended: § 35-252 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1. That Section 35-252 of the Code of the City of Virginia Beach, Virginia is hereby 11 amended and reordained to read as follows: 12 13 Sec. 35-252. Short-term rental tax. 14 15 (a) Levied; amount. Pursuant to section 58.1 3510 3510.6 of the Code of 16 Virginia, there is hereby assessed and imposed on every person engaged in the short - 17 term rental business a tax of one (1) percent on the gross proceeds of such business 18 defined in subsection (c)(1) and one -and -one half percent of such business defined in 19 subsection (c)(2). Such tax shall be in addition to the tax levied pursuant to section 20 58.1-605 of the Code of Virginia. For purposes of this section, "gross proceeds" means 21 the total amount charged to each person for the rental of daily short-term rental 22 property, excluding any state and local sales tax paid pursuant to the Virginia Retail 23 Sales and Use Tax Act. 24 25 (b) Daily short-term rental property defined. For purposes of this section, 26 "daily short-term rental property" means all tangible personal property held for rental 27 and owned by a person engaged in the short-term rental business, except trailers, as 28 defined in section 46.2-100 of the Code of Virginia and other tangible personal property 29 required to be licensed or registered with the department of motor vehicles, department 30 of game and inland fisheries, or the department of aviation. 31 32 (c) Short-term rental business defined. A person is engaged in the short-term rental 33 34 35 36 37 38 39 40 for purposes of the eighty (80) percent requirement, and (ii) any rental of personal 41 - - - - - - - - - - 42 personal property rented shall not be treated as gross receipts from rental. For 43 44 45 46 (1) Not less than 80 percent of the gross rental receipts of such business during the 47 preceding year arose from transactions involving the rental of short-term rental property, 48 other than heavy equipment property as defined in subdivision (2), for periods of 92 business if: in common with the lessor and lessee. For purposes of this test, (i) any rental to a ee • • not mean operation. 49 consecutive days or Tess, including all extensions and renewals to the same person or a 50 person affiliated with the lessee; or 51 52 (2) Not less than 60 percent of the gross rental receipts of such business during the 53 preceding year arose from transactions involving the rental of heavy equipment property 54 for periods of 270 consecutive days or less, including all extensions and renewals to the 55 same person or a person affiliated with the lessee. For purposes of this subdivision, 56 "heavy equipment property" means rental property of an industry that is described under 57 code 532412 or 532490 of the 2002 North American Industry Classification System as 58 published by the United States Census Bureau, excluding office furniture, office 59 equipment, and programmable computer equipment and peripherals as defined in Code 60 of Virginia § 58.1-3503(A)(16). 61 62 For purposes of determining whether a person is engaged in the short-term rental 63 business as defined in subdivisions (1) and (2), a person is "affiliated" with the lessee of 64 rental property if such person is an officer, director, partner, member, shareholder, 65 parent or subsidiary of the lessee, or if such person and the lessee have any common 66 ownership interest in excess of five percent; any rental to a person affiliated with the 67 lessee shall be treated as rental receipts but shall not qualify for purposes of the 80 68 percent requirement of subdivision (1) or the 60 percent requirement of subdivision (2); 69 and any rental of personal property which also involves the provision of personal 70 services for the operation of the personal property rented shall not be treated as gross 71 receipts from rental, provided however that the delivery and installation of tangible 72 personal property shall not mean operation for the purposes of this subdivision. 73 74 A person who has not previously been engaged in the short-term rental business who 75 applies for a certificate of registration pursuant to subsection (1) shall be eligible for 76 registration upon his certification that he anticipates meeting the requirements of 77 subdivision (1) or (2), designated by the applicant, during the year for which registration 78 is sought. 79 80 In the event that the commissioner of the revenue makes a written determination that a 81 rental business previously certified as short-term rental business pursuant to subsection 82 (1) has failed to meet either of the tests set forth in subdivision (1) or (2) during a 83 preceding tax year, such business shall lose its certification as a short-term rental 84 business and shall be subject to the business personal property tax with respect to all 85 rental property for the tax year in which such certification is lost and any subsequent tax 86 years until such time as the rental business obtains recertification pursuant to 87 subsection (1). In the event that a rental business loses its certification as a short-term 88 rental business pursuant to this subsection, such business shall not be required to 89 refund to customers daily rental property taxes previously collected in good faith and 90 shall not be subject to the assessment for business personal property taxes with respect 91 to rental property for tax years preceding the year in which the certification is lost unless 92 the commissioner makes a written determination that the business obtained its 93 certification by knowingly making materially false statements in its application, in which 94 case the commissioner may assess the taxpayer the amount of the difference between 95 the short-term rental property taxes remitted by such business during the period in 96 which the taxpayer wrongfully held certification and the business personal property 97 taxes that would have been due during such period but for the certification obtained by 98 the making of the materially false statements. Any such assessment, and any 99 determination not to certify or to decertify a rental business as a short-term rental 100 business as defined in this subsection, may be appealed pursuant to the procedures 101 and requirements set forth in Code of Virginia § 58.1-3983.1 for appeals of local 102 business taxes, which shall apply mutatis mutandis to such assessment and certification 103 decisions. 104 105 A rental business that has been decertified pursuant to the provisions of this subsection 106 shall be eligible for recertification for a subsequent tax year upon a showing that it has 107 met one of the test provided in subdivisions (1) and (2) for at least ten months of 108 operations during the present tax year. 109 110 (d) Taxation of rental property that is not daily short term rental property. 111 Except for daily short-term rental passenger cars, rental property that is not daily short - 112 term rental property shall be classified for taxation pursuant to section 58.1-3503 of the 113 Code of Virginia. 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 quarters ending The calendar quarters end on March 31, June 30, September 30 and 130 December 31. The return shall be upon such forms, approved by the commissioner of 131 the revenue and the treasurer, and -setting forth such information as the commissioner 132 of revenue may require, showing the amount of gross receipts and the tax required to 133 be collected. The taxes required to be collected under this article shall be deemed to be 134 held in trust by the person required to collect such taxes until remitted as required in this 135 article. 136 137 (f) Procedure upon failure to collect, report or remit taxes. If any person, 138 whose duty it is so to do, shall fail or refuse to collect the tax imposed under this article 139 and to make, within the time provided in this article, the returns and remittances 140 required in this article, the commissioner of the revenue shall obtain facts and 141 information necessary to create an estimate of the tax due. Within ten (10) days from 142 the date the tax was due, he shall proceed to determine and assess against such 143 person the tax and the late filing penalty established in subsection (g) below, and shall 144 notify such person, by hand -delivery, facsimile or certified mail, of the total amount of (e) Collection, return and remittance of tax. C'� Any person engaged in the short-term rental business, as defined by subsection c, shall collect the rental such tax from the each lessee of the -daily rental property at the time of the rental. The lessor of the daily short-term rental property shall transmit a quarterly return, not later than the fifteenth day following the end of each calendar quarter, to the treasurer, indicating reporting the gross rental proceeds derived from the short-term rental business. The commissioner of the revenue shall assess the tax due, and the short-term rental business shall pay the tax so assessed to the treasurer not later than the last day of the month following the end of the calendar quarter. - • - - of such tax as is due for the quarter. The return shall be created by the treasurer and shall request all information that the commissioner of the revenue and the treasurer may before the twentieth day of each of the months of April, July, October and January, 145 such tax and penalty ; a copy of the assessment shall be delivered simultaneously to 146 the treasurer. The total amount thereof shall be payable immediately, and the treasurer 147 shall proceed to collect same as authorized by law. 148 149 (g) Failure or refusal to remit tax; penalty. If any person, whose duty it is so to 150 do, shall fail or refuse to remit the tax required to be collected and paid under this article 151 within the time specified in the article, there shall be added to such tax a penalty in the 152 amount of ten (10) percent of the tax past due or the sum of ten dollars ($10.00), 153 whichever is the greater. The assessment of such penalty shall not be deemed a 154 defense to any criminal prosecution for failing to make any return or remittance as 155 required in this article. Penalty for failure to pay the tax assessed pursuant to this article 156 shall be assessed on the first day following the day such quarterly installment payment 157 is due. 158 159 (h) Late filing penalty. 160 161 (1) If a report is not filed on or before the due date set forth in subsection (a) 162 above, there shall be added a penalty in the amount of ten (10) percent of the tax 163 assessable on such return or ten dollars ($10.00), whichever is greater; provided, 164 however, that the penalty shall in no case exceed the amount of the tax 165 assessable. Such penalty shall not be assessed until the day after the report is 166 due. Any such penalty, when assessed, shall become part of the tax. 167 (2) No penalty for failing to file a report shall be assessed if such failure was 168 not the fault of the taxpayer or was the fault of the commissioner of the revenue. 169 The commissioner of the revenue shall make determinations of fault relating to 170 failure to file a report. 171 172 (i) Exclusions and exemptions. No tax shall be collected or assessed on (i) 173 rentals by the commonwealth, any political subdivision of the commonwealth or the 174 United States, or (ii) any rental of durable medical equipment as defined in subdivision 175 22 of section 58.1-608 of the Code of Virginia. Additionally, all exemptions applicable in 176 chapter 6 of title 58.1 of the Code of Virginia (section 58.1-600 et seq.) shall apply 177 mutatis mutandis to the daily short-term rental property tax. 178 179 Q) Renter's certificate of registration. Every person engaging in the business 180 of short-term rental of tangible personal property shall file an application for a certificate 181 of registration with the commissioner of the revenue. The application shall be on a form 182 prescribed by the commissioner of revenue and shall set forth the name under which 183 the applicant intends to operate the rental business, the subdivision of subsection c 184 under which the business asserts that it is qualified for classification as a short-term 185 rental business, the location and such other information as the commissioner may 186 require. 187 188 Each applicant shall sign the application as owner of the rental business. If the 189 rental business is owned by an association, partnership, limited liability company, or 190 corporation, the application shall be signed by a member, partner, executive officer or 191 other person specifically authorized by the association, partnership, limited liability 192 company, or corporation to sign. 193 194 Upon approval of the application by the commissioner of the revenue, a 195 certificate of registration shall be issued. The certificate shall be conspicuously 196 displayed at all times at the place of business for which it is issued. 197 198 The certificate is not assignable and shall be valid only for the person in whose 199 name it is issued and the place of business designated. 200 201 (k) Criminal penalties for violation of article. Any person violating or failing to 202 comply with any provision of this article shall be guilty of a Class 3 misdemeanor. 203 Provided however, if the amount of tax due and unpaid for any quarterly installment 204 exceeds one thousand dollars ($1,000.00), any person failing to remit payment when 205 due shall be guilty of a Class 1 misdemeanor. The treasurer may apply for the issuance 206 of a warrant or summons for such person in the manner provided by law. 207 208 (I) Copies of reports; appeal of estimated assessment. (i) The treasurer shall 209 provide the commissioner of the revenue by the fifteenth of each month with copies of 210 all reports submitted in the preceding month by persons required to collect the tax levied 211 by this article, and (ii) any person issued an estimated assessment as described in 212 subsection (f), who is aggrieved by the assessment, may apply to the commissioner of 213 the revenue for correction as provided by Code of Virginia § 58.1-3980. 214 215 (m) Duties of the commissioner of the revenue. The commissioner of the 216 revenue shall be charged with auditing the reports required by this article, ensuring that 217 short-term rental businesses are registered to collect the tax levied by this article, and 218 responding to all inquiries that may be made by taxpayers or rental businesses. 219 220 (n) Duties of the city treasurer. The city treasurer shall be charged with the 221 receipt and collection of the taxes imposed and levied by this article, and shall cause 222 the same to be paid into the general treasury of the city. 223 224 2. That the effective date for this amendment shall be January 1, 2010. 225 226 227 of January -2010 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 2th day APPROVED AS TO CONTENT: Commissi r of the Revenue CA11320 R-2 December 9, 2009 APPROVED AS TO LEGAL SUFFICIENCY: - 27 - Item V-K.2.a. ORDINANCES/RESOLUTIONS ITEM # 59526 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to EXEMPT certain organizations: Real and Personal Property Taxes: 1. New Jerusalem Church of God In Christ Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 1 AN ORDINANCE TO DESIGNATE NEW JERUSALEM 2 CHURCH OF GOD IN CHRIST AS BEING EXEMPT 3 FROM LOCAL REAL AND PERSONAL PROPERTY 4 TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 8 granting an exemption from local real and personal property taxes to New Jerusalem 9 Church of God in Christ. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates New 15 Jerusalem Church of God in Christ as a charitable organization within the context of § 16 6(a)(6) of Article X of the Constitution of Virginia. 17 18 2. That real and personal property owned by New Jerusalem Church of God in 19 Christ located within the City of Virginia Beach that is used exclusively for charitable 20 purposes on a nonprofit basis is hereby exempt from local property taxation. 21 22 3. This exemption is contingent on the following: 23 24 (a) continued use of the property New Jerusalem Church of God in Christ for 25 exclusively charitable purposes; 26 27 (b) that each July 1, New Jerusalem Church of God in Christ shall file with the 28 Commissioner of the Revenue a copy of its most recent federal income tax 29 return, or, if no such return is required, it shall certify its continuing tax 30 exempt status to the Commissioner of the Revenue; 31 32 (c) that every three years, beginning on July 1, 2012, New Jerusalem Church of 33 God in Christ shall file an exemption application with the Commissioner of 34 the Revenue as a requirement for retention of the exempt status of the 35 property; and 36 37 (d) that New Jerusalem Church of God in Christ cooperate fully with the 38 Commissioner of the Revenue with respect to audit of its financial records, 39 compliance with the terms of this ordinance. 40 41 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Commissio " of the Revenue CA11336 R-2 December 9, 2009 2 APPROVED AS TO LEGAL SUFFICIENCY: OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME New Jerusalem Church of God in Christ 118 Erie Avenue Virginia Beach, VA 23451 SUMMARY OF NONPROFIT BUSINESS ACTIVITY New Jerusalem Church is seeking an exemption from real property taxation by designation for three properties owned by the church. The church owns nine properties in the neighborhood adjacent to their church; five of the properties qualify for exemption by classification, three are recommended for exemption by designation, and the remaining property does not qualify for exemption per city and state code. 1. 1059 Longstreet Ave — A single family, fully furnished, all utilities paid house used to assist low-income single male occupants who have encountered financial difficulties. Assessment — $188,200.00 Tax impact - $1,674.98 2. 1068 Longstreet Ave — A single family fully furnished, all utilities paid house used to assist low-income single female occupants who have encountered financial difficulties. Assessment — $236,000.00 Tax impact — $2,100.40 Generally, the occupants for the above properties contribute $500 per month. In some cases, occupants may have the option to contribute a lesser amount. All proceeds pay for the operation, upkeep, and maintenance of the property. 3. 1064 Longstreet Ave — A single family fully furnished, all utilities paid house used to assist families in need of financial assistance. Occupants are asked to contribute what they can afford. Assessment — $147,100.00 Tax impact - $1,309.20 Utilities include water/sewer, gas, electricity, telephone, internet and cable. TOTAL TAX IMPACT Real Property Assessment: $571,300.00 Tax: $5,084.58 -28 - Item V-K.2.b.1-10 and 12. ORDINANCES/RESOLUTIONS ITEM # 59527 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to EXEMPT certain organizations: Personal Property Taxes: 1. Aware Worldwide, Inc. 2. Dolphin Scholarship Foundation 3. Eden Family Institute 4. Mereland L. Cook Sr. Foundation 5. Mother Seton House, Inc. 6. Neighbor to Family, Inc (NTF) 7. Prostate Cancer International, Inc. 8. Pungo Strawberry Festival, Inc. 9. Sought Out, Inc. 10. Susan G. Komen Tidewater 12. Youth Foundation of Virginia Beach Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 I II Philip 1. Kellam CO! ,4 fPfdr 24, 2009 Commissioner of the Revenue City Hall Virginia Beach, VA 23456-9002 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Subject: Initial Report on Applicants for Exemption from Property Taxes VBgov.com/cor 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 taxes. 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 exemption. 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 13 applications in this reporting period. The following applicants qualify for exemption from personal property taxes: Aware Worldwide Inc. Dolphin Scholarship Foundation Eden Family Institute Mereland L. Cook Sr. Foundation Mother Seton House Inc. Neighbor to Family Inc (NTF) Prostate Cancer International Inc. Pungo Strawberry Festival Inc. Sought Out Inc Susan G Komen Tidewater Together We Can Foundation Youth Foundation of Virginia Beach After reviewing each application and meeting with representatives of the applicants, I can report the following applicants qualify for exemption from real property taxes: New Jerusalem Church of God in Christ I am available if you have questions or concerns regarding the recommendations. Sincerely, PhiliJ. ellam Commissioner o the ' enue Enclosures Code of Virginia 58.1-3651 2 ORD -27981 ORD -3009K City Council Policy Original Proposal Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 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 streamline the exemption review process for local nonprofit organizations and provide necessary analysis 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 organizations from local property taxes if used exdusively 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 tax 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 exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: I II Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 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 § 501(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 status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, 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 Attorney. 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 Anile 2 (§58.1-3606 et seq.) of Article 3 058.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code §58.1-3651), the organization will receive I II Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 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 §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall 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 qualifies 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 ordinances for City Council and coordinate with the City CIerk 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 §58.1-3651, 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 well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility 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 Commissioner 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 Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. I II Title: City Ccuncil Policy Regarding Applications for Tax Exemption by Design:uion Date of Adoption: February 3, 2004 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. 1 AN ORDINANCE TO DESIGNATE AWARE 2 WORLDWIDE, INC. AS BEING EXEMPT FROM 3 LOCAL PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to Aware Worldwide, Inc.. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Aware 13 Worldwide, Inc. as a charitable organization within the context of § 6(a)(6) of Article X of 14 the Constitution of Virginia. 15 16 2. That personal property owned by Aware Worldwide, Inc. located within the City 17 of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property Aware Worldwide, Inc. for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Aware Worldwide, Inc. shall file with the Commissioner of 26 the Revenue a copy of its most recent federal income tax return, or, if no 27 such return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on July 1, 2012, Aware Worldwide, Inc. 31 shall file an exemption application with the Commissioner of the Revenue as 32 a requirement for retention of the exempt status of the property; and 33 34 (d) that Aware Worldwide, Inc. cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records, compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of January, 2010 Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Pia -e Commissioner of the Revenue CA11330 R-2 December 9, 2009 2 APPROVED AS TO LEGAL SUFFICIENCY: A o ney's Office I II OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Aware Worldwide Inc 3419 Virginia Beach Blvd. #132 Virginia Beach, Virginia 23452 Website www.awwo.org Mission Statement Their mission is to provide quality comprehensive prevention education and services to persons living with, at risk of and/or affected by HIV/AIDS/Chronic Illnesses and Family Violence. SUMMARY OF NONPROFIT BUSINESS ACTIVITY: AWARE Worldwide is a 501 (c) (3) organization serving communities -at -large throughout Southeastern Virginia with quality comprehensive prevention education and services, and resources and referrals for treatment/medication management of HIV/AIDS/ Chronic Illnesses, and/or Family Violence. They also target the hard to reach, underserved population of low-income to no -income men, women and families that are living with or at risk of HIV/AIDS/ Chronic Illnesses, and/or Family Violence TAX IMPACT: Business Property: Assessed: $1017.00 Tax: $15.25 RELEVANT INFORMATION: IRS Granted 501 (c) 3 Status - April 23, 2008 1 AN ORDINANCE TO DESIGNATE DOLPHIN 2 SCHOLARSHIP FOUNDATION AS BEING EXEMPT 3 FROM LOCAL PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to Dolphin Scholarship 8 Foundation. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 14 Dolphin Scholarship Foundation as a charitable organization within the context of § 6(a)(6) 15 of Article X of the Constitution of Virginia. 16 17 2. That personal property owned by Dolphin Scholarship Foundation located within 18 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 19 basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property Dolphin Scholarship Foundation for exclusively 24 charitable purposes; 25 26 (b)that each July 1, Dolphin Scholarship Foundation shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or, if no such return is required, it shall certify its continuing tax 29 exempt status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on July 1, 2012, Dolphin Scholarship 32 Foundation shall file an exemption application with the Commissioner of the 33 Revenue as a requirement for retention of the exempt status of the property; 34 and 35 36 (d) that Dolphin Scholarship Foundation cooperate fully with the Commissioner 37 of the Revenue with respect to audit of its financial records, compliance with 38 the terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. PPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue CA11331 R-2 December 9, 2009 2 ity Att rn 's Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME Dolphin Scholarship Foundation 4966 Euclid Road, Suite 109 Virginia Beach, VA 23462 Website http://www.dolphinscholarship.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY Dolphin Scholarship Foundation (DSF) was established in 1961 to assist children of personnel serving in the U.S. Submarine Force with college scholarships through private fundraising and donations. DSF receives donations from: individual, corporate, memorial and Combined Federal Campaign and the submarine community. DSF currently awards 137 scholarships of $3400 per student. DSF grants are available on a competitive basis to high school or college children/stepchildren of members or former members of the Submarine Force. TAX IMPACT The tangible property is reported under the for-profit businesses: Business Property: Assessment: 7091.60 Tax: 262.39 Personal Property Assessment: None Tax None Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status January, 1992 1 AN ORDINANCE TO DESIGNATE EDEN FAMILY 2 INSTITUTE AS BEING EXEMPT FROM LOCAL 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to Eden Family Institute. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Eden 13 Family Institute as a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia. 15 16 2. That personal property owned by Eden Family Institute located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property Eden Family Institute for exclusively charitable 23 purposes; 24 25 (b) that each July 1, Eden Family Institute shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or, if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on July 1, 2012, Eden Family Institute shall 31 file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Eden Family Institute cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records, compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner oi'the Revenue City Att. r► ey's Office CA11332 R-2 December 9, 2009 2 I I I OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME Eden Family Institute 184 Business Park Drive Ste 200 Virginia Beach, VA 23462 Website http://www.edencounseling.com/edenfamily/index.php SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Eden Family Institute has been providing professional Christian counseling and psychology services to community and church members in Hampton Roads since 1994. From its inception, the Eden Family Institute has sought to work with area churches and ministries to provide both affordable and valuable mental health services, for ministry members. The Eden Counseling Center provides a full range of low cost counseling and psychological services for children, adolescents, and adults. Their highly qualified and experienced staff includes a licensed clinical psychologists, licensed clinical social workers, licensed professional counselors and residents -in -training. These professionals are experienced and skilled with the ability to treat: emotional and behavioral problems of childhood and adolescence, problems in living, personal growth, and other psychiatric disorders. All of the professional counselors at the Eden Family Institute are registered with the Virginia Department of Health. The Eden Family Institute operates within a for-profit business and shares the personal property of these organizations. The tangible property is reported under the for-profit businesses: • Eden Counseling Center, Inc. • Liberty Family Services, LLC TAX IMPACT Business Property: Assessment: None Tax: None Personal Property Assessment: None Tax None Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status November 20, 1997 1 AN ORDINANCE TO DESIGNATE MERELAND L. 2 COOK SR. FOUNDATION AS BEING EXEMPT FROM 3 LOCAL PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to Mereland L. Cook Sr. 8 Foundation. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 14 Mereland L. Cook Sr. Foundation as a charitable organization within the context of § 15 6(a)(6) of Article X of the Constitution of Virginia. 16 17 2. That personal property owned by Mereland L. Cook Sr. Foundation located 18 within the City of Virginia Beach that is used exclusively for charitable purposes on a 19 nonprofit basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property Mereland L. Cook Sr. Foundation for 24 exclusively charitable purposes; 25 26 (b)that each July 1, Mereland L. Cook Sr. Foundation shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or, if no such return is required, it shall certify its continuing tax 29 exempt status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on July 1, 2012, Mereland L. Cook Sr. 32 Foundation shall file an exemption application with the Commissioner of the 33 Revenue as a requirement for retention of the exempt status of the property; 34 and 35 36 (d) that Mereland L. Cook Sr. Foundation cooperate fully with the Commissioner 37 of the Revenue with respect to audit of its financial records, compliance with 38 the terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Commissionerthe Revenue CA11333 R-2 December 9, 2009 s 2 APPROVED AS TO LEGAL SUFFICIENCY: OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME Mereland L. Cook Sr. Foundation. (Office use only) T/A The Cook Foundation 880 Sedley Road Virginia Beach, VA 23462 No website found SUMMARY OF NONPROFIT BUSINESS ACTIVITY Mission Statement: To promote the academic, social, health, wellness and competencies necessary for students to successfully transition from adolescent to adulthood. The Cook Foundation is dedicated to keeping the youth population active through a no cost weight lifting and exercise program during the summer to help prepare them for fall sports programs. Over the past two summers, the organization held daily exercise programs at Corporate Landing Elementary School's gym and outdoor track concentrating on strength training, endurance and teambuilding. During the school year, volunteers from the organization assist school administrators by offering a tutoring service. The volunteers help students with reading, writing and basic math skills. TAX IMPACT None at this time. The organization is new and hopes they will eventually purchase office equipment and a commercial location. All funds are donated. Business Property: Assessment: None Tax: None Personal Property Assessment: None Tax None Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status - June 30, 2009 1 AN ORDINANCE TO DESIGNATE MOTHER SETON 2 HOUSE, INC. AS BEING EXEMPT FROM LOCAL 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to Mother Seton House, Inc.. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 13 Mother Seton House, Inc. as a charitable organization within the context of § 6(a)(6) of 14 Article X of the Constitution of Virginia. 15 16 2. That personal property owned by Mother Seton House, Inc. located within the 17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis 18 is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property Mother Seton House, Inc. for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Mother Seton House, Inc. shall file with the Commissioner 26 of the Revenue a copy of its most recent federal income tax return, or, if no 27 such return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on July 1, 2012, Mother Seton House, Inc. 31 shall file an exemption application with the Commissioner of the Revenue as 32 a requirement for retention of the exempt status of the property; and 33 34 (d) that Mother Seton House, Inc. cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records, compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /A,---------rCommissio er of the Revenue `C ttorice CA11334 R-2 December 9, 2009 2 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Mother Seton House Inc Main Office/Counseling Center/Street Outreach Center 3333-28 Virginia Beach Blvd. Virginia Beach, VA 23452 Boys Shelter (ST Nicholas Catholic Church) 642 N Lynnhaven Rd Virginia Beach, VA 23452 Girls Shelter (ST Aiden's Episcopal Church) 465 Kings Grant Rd Virginia Beach, VA 23452 Website: www.setonyouthshelters.org/about/mission_programs.php SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Mother Seton House provides a safe haven, counseling and outreach services 24 hours a day without charge to assist youths in crisis throughout Hampton Roads, with a goal of reuniting families. TAX IMPACT: Personal Property Assessment: $26300 Tax: $973.03 Business Property Assessment: $174314 Tax: $2579.85 RELEVANT INFORMATION: IRS Granted 501 (c) 3 status — June 29, 1987 1 AN ORDINANCE TO DESIGNATE NEIGHBOR TO 2 FAMILY, INC. (NTF) AS BEING EXEMPT FROM 3 LOCAL PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to Neighbor to Family, Inc. (NTF). 8 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 14 Neighbor to Family, Inc. (NTF) as a charitable organization within the context of § 6(a)(6) of 15 Article X of the Constitution of Virginia. 16 17 2. That personal property owned by Neighbor to Family, Inc. (NTF) located within 18 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 19 basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property Neighbor to Family, Inc. (NTF) for exclusively 24 charitable purposes; 25 26 (b)that each July 1, Neighbor to Family, Inc. (NTF) shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or, if no such return is required, it shall certify its continuing tax 29 exempt status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on July 1, 2012, Neighbor to Family, Inc. 32 (NTF) shall file an exemption application with the Commissioner of the 33 Revenue as a requirement for retention of the exempt status of the property; 34 and 35 36 (d) that Neighbor to Family, Inc. (NTF) cooperate fully with the Commissioner of 37 the Revenue with respect to audit of its financial records, compliance with the 38 terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Commissioilvf of the Revenue CA11335 R-2 December 9, 2009 2 APPROVED AS TO LEGAL SUFFICIENCY: OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME Neighbor to Family Inc. (NTF) 1300 Diamond Springs Road Virginia Beach, VA 23455 Website: http://wvvw.neighbortofamily.org/1-1.asp SUMMARY OF NONPROFIT BUSINESS ACTIVITY Neighbor to Family ("NTF") is a national foster care organization with local offices throughout the country. The organization specializes in keeping groups of siblings together to help minimized their feelings of loss and abandonment by placing them in a single home in order to build healthier families and stronger communities. Their goal is to achieve permanency for foster children within 12 months of placement. NTF core program consists of: • Keeping Siblings Together • Placing One Siblings group with One Family at a Time • Professional Foster Caregivers • Birth Family Engagement ■ Foster Caregivers Mentoring Birth Family • Keeping Children in their community of origin; Supporting a cultural sensitive approach to intervention strategies ■ Neighbor To Family Team Meetings • Trauma Informed Care TAX IMPACT Business Property: Assessment: 30,384.40 Tax: 1,124.22 Personal Property Assessment: None Tax None Real Property Assessment: None Tax: None RELEVANT INFORiMATION IRS Granted 501 (c) 3 status September 16, 2004 1 AN ORDINANCE TO DESIGNATE PROSTATE 2 CANCER INTERNATIONAL, INC. AS BEING EXEMPT 3 FROM LOCAL PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to Prostate Cancer International, 8 Inc. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 14 Prostate Cancer International, Inc. as a charitable organization within the context of § 15 6(a)(6) of Article X of the Constitution of Virginia. 16 17 2. That personal property owned by Prostate Cancer International, Inc. located 18 within the City of Virginia Beach that is used exclusively for charitable purposes on a 19 nonprofit basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property Prostate Cancer International, Inc. for 24 exclusively charitable purposes; 25 26 (b) that each July 1, Prostate Cancer International, Inc. shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or, if no such return is required, it shall certify its continuing tax 29 exempt status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on July 1, 2012, Prostate Cancer 32 International, Inc. shall file an exemption application with the Commissioner 33 of the Revenue as a requirement for retention of the exempt status of the 34 property; and 35 36 (d) that Prostate Cancer International, Inc. cooperate fully with the 37 Commissioner of the Revenue with respect to audit of its financial records, 38 compliance with the terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Commissioner of the Revenue CA11337 R-2 December 9, 2009 2 APPROVED AS TO LEGAL SUFFICIENCY: y Att• ney's Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME Prostate Cancer International Inc. (Office use only) T/A Prostate Cancer International Inc. 1 533 Lake Christopher Drive Virginia Beach, VA 23464 Website: http://pcainternational.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY MISSION — is to transform global understanding of the risks associated with prostate cancer and the strategies to manage those risks until prevention is possible and a cure can be found. The purpose of the organization is to raise funds through public and private solicitation for: 1. The promotion of knowledge about and awareness of prostate cancer and related issues both nationally and internationally. 2. To support of prostate cancer education and research. 3. To offer support and information regarding prostate cancer and related issues to the public and to selected members of the professional health care community both nationally and internationally via a range of educational and informational activities. 4. To encourage and support research into the effective prevention, diagnosis, management and/or cure of prostate cancer in all its stages. Prostate Cancer International, Inc. also manages a series of five interconnected, informational prostate cancer web sites for the global community: TAX IMPACT None at this time. The organization is new and hopes they will eventually purchase office equipment and a commercial location. All funds are donated. Business Property: Assessment: $325.00 Tax: $4.81 Personal Property Assessment: None Tax None Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS granted 501 (c) 3 status February 25, 2009 1 AN ORDINANCE TO DESIGNATE PUNGO 2 STRAWBERRY FESTIVAL, INC. AS BEING EXEMPT 3 FROM LOCAL PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to Pungo Strawberry Festival, 8 Inc. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Pungo 14 Strawberry Festival, Inc. as a charitable organization within the context of § 6(a)(6) of 15 Article X of the Constitution of Virginia. 16 17 2. That personal property owned by Pungo Strawberry Festival, Inc. located within 18 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 19 basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property Pungo Strawberry Festival, Inc. for exclusively 24 charitable purposes; 25 26 (b) that each July 1, Pungo Strawberry Festival, Inc. shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or, if no such return is required, it shall certify its continuing tax 29 exempt status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on July 1, 2012, Pungo Strawberry Festival, 32 Inc. shall file an exemption application with the Commissioner of the 33 Revenue as a requirement for retention of the exempt status of the property; 34 and 35 36 (d) that Pungo Strawberry Festival, Inc. cooperate fully with the Commissioner of 37 the Revenue with respect to audit of its financial records, compliance with the 38 terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Commissioner of the Revenue CA11338 R-2 December 9, 2009 2 APPROVED AS TO LEGAL SUFFICIENCY: City Attney's Office I II OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME Pungo Strawberry Festival, Inc 1776 Princess Anne Rd Virginia Beach, VA 23456 Website: http://www.pungostrawberryfestival.info/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Pungo Strawberry Festival, Inc. is organized to celebrate Virginia Beach agriculture and promote the products of the rural community. All proceeds from the festival are donated to non-profit community and service organizations throughout Hampton Roads. The organization is committed to supporting public, charitable and civic organizations such as public schools and other non profit organizations. The first festival was held in 1983 with an attendance of nearly 50,000 people. Currently, about 120,000 people attend the event yearly. To date, the Pungo Strawberry Festival has donated over $600,000.00 to the community. In addition to the direct support nonprofit organizations receive from the Pungo Strawberry Festival, many other nonprofit organizations like Lions Club, breast cancer survivors and the local chapter 4-H club sets up booths during the festival to help raise money for their organizations. TAX IMPACT Business Property: Assessment: $1743.00 Tax: $26.14 Personal Property Assessment: None Tax None Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status November 14, 1991 1 AN ORDINANCE TO DESIGNATE SOUGHT OUT, 2 INC. AS BEING EXEMPT FROM LOCAL PERSONAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to Sought Out, Inc.. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 13 Sought Out, Inc. as a charitable organization within the context of § 6(a)(6) of Article X of 14 the Constitution of Virginia. 15 16 2. That personal property owned by Sought Out, Inc. located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property Sought Out, Inc. for exclusively charitable 23 purposes; 24 25 (b) that each July 1, Sought Out, Inc. shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or, if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on July 1, 2012, Sought Out, Inc. shall file 31 an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Sought Out, Inc. cooperate fully with the Commissioner of the Revenue 35 with respect to audit of its financial records, compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissione of the Revenue i y A orney's Office CA11339 R-2 December 9, 2009 2 I II OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME Sought Out Inc 4937 Cleveland Street Virginia Beach, VA 23462 Website http://www.soughtout.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Sought Out Inc. (SO) is a non -denominational Christian ministry for men and women wanting to address issues of human sexuality. SO provide a safe, confidential and equipped place to help deal with a wide range of issue that affect individuals and SO provide support groups and licensed counselors to help individuals who desire freedom from broken relationships. They have over 50 volunteers and licensed counselors provided by the Christian Psychotherapy Services, Eden Counseling Center and Genesis Counseling Center as needed. TAX IMPACT The tangible property is reported under the for-profit businesses: Business Property: Assessment: $3945.00 Tax: $147.95 Personal Property Assessment: None Tax None Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status April 3, 1992 1 AN ORDINANCE TO DESIGNATE SUSAN G. KOMEN 2 TIDEWATER AS BEING EXEMPT FROM LOCAL 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to Susan G. Komen Tidewater. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Susan 13 G. Komen Tidewater as a charitable organization within the context of § 6(a)(6) of Article X 14 of the Constitution of Virginia. 15 16 2. That personal property owned by Susan G. Komen Tidewater located within the 17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis 18 is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property Susan G. Komen Tidewater for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Susan G. Komen Tidewater shall file with the Commissioner 26 of the Revenue a copy of its most recent federal income tax return, or, if no 27 such return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on July 1, 2012, Susan G. Komen 31 Tidewater shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property; 33 and 34 35 (d) that Susan G. Komen Tidewater cooperate fully with the Commissioner of 36 the Revenue with respect to audit of its financial records, compliance with the 37 terms of this ordinance. 38 39 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. I II APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue Ci CA11340 R-2 December 9, 2009 2 y Att• -y's Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME Susan G Komen Tidewater 119 S Witchduck Road Suite 85 Virginia Beach, VA 23462 Website http://www.komentidewater.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Tidewater Affiliate of Susan G. Komen for the Cure is dedicated to combating breast cancer at every front. Up to 75 percent of the affiliate's net income funds grants for local hospitals and community organizations that provide breast health education and breast cancer screening and treatment programs to medically underserved women. The remaining net income (a minimum of 25 percent) supports the national Komen Grants Program, which funds groundbreaking breast cancer research; meritorious awards and educational and scientific programs around the world. The Tidewater affiliate's services area covers the cities and counties of Accomack, Chesapeake, Franklin, Gloucester, Hampton, Isle of Wight, James City, Lancaster, Mathews, Middlesex, Newport News, Norfolk, Northampton, Northumberland, Poquoson, Portsmouth, Southampton, Suffolk, Virginia Beach, Williamsburg and York. The Tidewater affiliate hosts the Komen of Tidewater Race for the Cure and other events each year. Komen Tidewater is playing a vital role in fighting breast cancer in our community. TAX IMPACT The tangible property is reported under the for-profit businesses: Business Property: Assessment: $5052.00 Tax: $74.77 Personal Property Assessment: None Tax None Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status November 3, 1983 1 AN ORDINANCE TO DESIGNATE YOUTH 2 FOUNDATION OF VIRGINIA BEACH AS BEING 3 EXEMPT FROM LOCAL PERSONAL PROPERTY 4 TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 8 granting an exemption from local personal property taxes to Youth Foundation of Virginia 9 Beach. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Youth 15 Foundation of Virginia Beach as a charitable organization within the context of § 6(a)(6) of 16 Article X of the Constitution of Virginia. 17 18 2. That personal property owned by Youth Foundation of Virginia Beach located 19 within the City of Virginia Beach that is used exclusively for charitable purposes on a 20 nonprofit basis is hereby exempt from local property taxation. 21 22 3. This exemption is contingent on the following: 23 24 (a) continued use of the property Youth Foundation of Virginia Beach for 25 exclusively charitable purposes; 26 27 (b) that each July 1, Youth Foundation of Virginia Beach shall file with the 28 Commissioner of the Revenue a copy of its most recent federal income tax 29 return, or, if no such return is required, it shall certify its continuing tax 30 exempt status to the Commissioner of the Revenue; 31 32 (c) that every three years, beginning on July 1, 2012, Youth Foundation of 33 Virginia Beach shall file an exemption application with the Commissioner of 34 the Revenue as a requirement for retention of the exempt status of the 35 property; and 36 37 (d) that Youth Foundation of Virginia Beach cooperate fully with the 38 Commissioner of the Revenue with respect to audit of its financial records, 39 compliance with the terms of this ordinance. 40 41 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: CommissiMer of the Revenue CA 11342 R-2 December 9, 2009 2 APPROVED AS TO LEGAL SUFFICIENCY: torney's Office I II OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME Youth Foundation of Virginia Beach T/A Youth Service Club 1124 Ditchley Road Virginia Beach, VA 23451 Website: None could be found SUMMARY OF NONPROFIT BUSINESS ACTIVITY This organization holds a yearly event to benefit youth organizations in Virginia Beach. Proceeds go directly to organizations including the Boy Scouts of American, Samaritan House, Seaton House, Equi -Kids and the Boys and Girls Club of Virginia Beach. The organization was formerly known as the Virginia Beach Exchange Club and has been supporting youth organizations for many years. TAX IMPACT Business Property: Assessment: $4415.00 Tax: $65.34 Personal Property Assessment: $3650.00 Tax $135.05 Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status — September 13, 2004 - 29 - Item V -K. 2. b.11 ORDINANCES/RESOLUTIONS ITEM # 59528 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to EXEMPT certain organizations: Personal Property Taxes: 11. Together We Can Foundation Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Harry E. Diezel Council Members Absent: None Councilman Diezel ABSTAINED on item 2. b.11 (EXEMPT - Personal Property Taxes — Together We Can Foundation). Councilman Diezel's wife is a member of this Foundation. January 12, 2010 I II 1 AN ORDINANCE TO DESIGNATE TOGETHER WE 2 CAN FOUNDATION AS BEING EXEMPT FROM 3 LOCAL PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to Together We Can Foundation. 8 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 14 Together We Can Foundation as a charitable organization within the context of § 6(a)(6). of 15 Article X of the Constitution of Virginia. 16 17 2. That personal property owned by Together We Can Foundation located within 18 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 19 basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property Together We Can Foundation for exclusively 24 charitable purposes; 25 26 (b) that each July 1, Together We Can Foundation shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or, if no such return is required, it shall certify its continuing tax 29 exempt status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on July 1, 2012, Together We Can 32 Foundation shall file an exemption application with the Commissioner of the 33 Revenue as a requirement for retention of the exempt status of the property; 34 and 35 36 (d) that Together We Can Foundation cooperate fully with the Commissioner of 37 the Revenue with respect to audit of its financial records, compliance with the 38 terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissio' l'er of the Revenue Ci y At CA11341 R-2 December 9, 2009 2 I OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME Together We Can Foundation 1312 E. Bay Shore Dr (Home based office) Virginia Beach, VA 23451 Website: www.twcfoundation.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Together We Can Foundation is dedicated to help the growing number of children aging out of the foster care system. The foundation works with the community, businesses, clergy, civic leaders, human service agencies, and other foundations to improve the lives and the futures of foster youth. They support the development of employment opportunities for young people aging out of foster care by creating joint ventures with area businesses and advocating changes in Medicaid regulations that are a disincentive to employment. The Foundation also works with area providers to develop independent living programs for youth aging out of foster care, including supervised living programs. They aim to increase the number of foster care children who complete higher education and/or vocational training opportunities by working with higher learning institutions, vocational schools, and scholarship programs. TAX IMPACT There is no tax impact at this time. The volunteers within the organization use their own phone and homes to assist foster children. They hope to purchase office equipment and other items as needed in the future. Business Property: Assessment: None Tax: None Personal Property Assessment: None Tax None Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status November 12, 2008 -30 - Item V -K.3. ORDINANCES/RESOLUTIONS ITEM # 59529 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance DECLARING City property on Ferry Point Road to be EXCESS and AUTHORIZING the City Manager to execute documents to sell and convey these portions to Manousos Enterprises, Inc. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 1 AN ORDINANCE DECLARING PORTIONS OF 2 CITY PROPERTY ON FERRY POINT ROAD, 3 KNOWN AS GPINS 1465-19-2134 AND 1465-19- 4 4115, TO BE IN EXCESS OF THE CITY'S 5 NEEDS AND AUTHORIZING THE CITY 6 MANAGER TO SELL PORTIONS OF THE 7 PROPERTY TO MANOUSOS ENTERPRISES, 8 INC. 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 11 certain parcels of land located on Ferry Point Road, known as GPINS 1465-19-2134 12 and 1465-19-4115, more particularly described on Exhibit "A" attached hereto and made 13 a part hereof; 14 15 WHEREAS, Manousos Enterprises, Inc., a Virginia corporation, has 16 proposed to purchase a portion of GPIN 1465-19-2134 and a portion of GPIN 1465-19- 17 4115, more particularly described as: 18 19 All those certain lots, pieces or parcels of land being known, designated 20 and described as Area 1 = Property of the City of Virginia Beach to be Conveyed to 21 Manousos Enterprises, Inc. 1,710 SQ.FT. or 0.039 AC." and "Area 2= Property of the 22 City of Virginia Beach to be Conveyed to Manousos Enterprises, Inc. 4,283 SQ. FT. or 23 0.098 AC.", as shown on that certain plat entitled "RESUBDIVISION OF PARCEL A-2 24 (INST. NO. 200310150167649), PART OF PARCEL 009A (M.B. 218 PG. 92) & PART 25 OF PARCEL 011 (M.B. 218 PG. 85) VIRGINIA BEACH, VIRGINIA", dated September 26 25, 2009, and prepared by Ward M. Holmes, Land Surveyor, P.C. (the "Property"), from 27 the City; 28 29 WHEREAS, the City Council is of the opinion that the Property is in 30 excess of the needs of the City of Virginia Beach. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 33 OF VIRGINIA BEACH, VIRGINIA: 34 35 That the Property is hereby declared to be in excess of the needs of the 36 City of Virginia Beach and that the City Manager is hereby authorized to execute the 37 Agreement of Sale and any documents necessary to convey the Property to Manousos 38 Enterprises, Inc., in substantial conformity to the Summary of Terms attached hereto as 39 Exhibit B, and such other terms, conditions or modifications as may be satisfactory to 40 City Council and in a form deemed satisfactory by the City Attorney. The proceeds from 41 this transaction shall be directed to CIP #3-368, Various Site Acquisitions. 42 43 This ordinance shall be effective from the date of its adoption. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 46 1 2th day of January , 2010. 47 48 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS 49 OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA -11219 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\Wpdocs\D009\P007\00034914.DOC R-1 DATE: 12/11/2009 APPROVED AS TO CONTENT blic VY rbcs, APPROVED AS TO LEGAL SUFFICIENCY City AttoLU0a4's Office EXHIBIT "A" GPIN 1465-19-2134 A part of that certain lot, tract or parcel of land together with the improvements thereon belonging, lying and being in the City of Virginia Beach, Virginia and designated and described as: "ACQUISITION AREA 32,397 SQ. FT. 0.744 AC." as shown on that certain plat entitled: "PLAT OF PROPERTY BEING ACQUIRED FROM APOLONIO F. FONTANARES, ET ALS PARCEL 011, BY THE CITY OF VIRGINIA BEACH FOR C.I.P. 2-080 INDIAN RIVER ROAD — PHASE V, KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA DATE: 1-22-91 SCALE: 1"=50' ENGINEERING SERVICES, INC.," Said plat was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 218, at Page 85, to which reference is made for a more particular description. It being a part of the same property conveyed to the City of Virginia Beach by deed dated March 20, 1992 and recorded in Deed Book 3071, at page 2086 in the aforesaid Clerk's Office. GPIN 1465-19-4115 A part of that certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia and designated and described as: ACQUISITION AREA 22,846 SQ. FT. 0.524" as shown on that certain plat entitled: "PLAT OF PROPERTY BEING ACQUIRED FROM INDIAN RIVER ROAD ASSOCIATES PARCEL 009A, BY THE CITY OF VIRGINIA BEACH FOR C.I.P. 2-080 INDIAN RIVER ROAD — PHASE V KEMPSIVLLE BOROUGH VIRGINIA BEACH, VIRGINIA DATE 1-22-91 SCALE 1"=30'." Said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 218, at Page 92, to which references is made for a more particular description. It being a part of the same property acquired by the City of Virginia Beach by the Certificate of Take recorded in Deed Book 3070, at Page 1379 and confirmed by that Order Confirming Commissioner Report recorded in Deed Book 3295, at page 1053 and Order Confirming Award recorded in Deed Book 3314, at page 1687, in the aforesaid Clerk's Office. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY ON FERRY POINT ROAD SELLER: City of Virginia Beach PURCHASER: Manousos Enterprises, Inc., a Virginia corporation PROPERTY: Approximately 1,710 square feet of GPIN 1465-19-2134 and approximately 4,283 square feet of GPIN 1465-19-4115, both parcels being located adjacent to 1289 Ferry Point Road LEGAL DESCRIPTION: All those certain lots, pieces or parcels of land being known, designated and described as Area 1 = Property of the City of Virginia Beach to be Conveyed to Manousos Enterprises, Inc. 1,710 SQ.FT. or 0.039 AC." and "Area 2= Property of the City of Virginia Beach to be Conveyed to Manousos Enterprises, Inc. 4,283 SQ. FT. or 0.098 AC.", as shown on that certain plat entitled "RESUBDIVISION OF PARCEL A- 2 (INST. NO. 200310150167649), PART OF PARCEL 009A (M.B. 218 PG. 92) & PART OF PARCEL 011 (M.B. 218 PG. 85) VIRGINIA BEACH, VIRGINIA", dated September 25, 2009, and prepared by Ward M. Holmes, Land Surveyor, P.C. LESS AND EXCEPT all right, title and interest of the Grantor in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. SALE PRICE: $15,000.00, fair market value CONDITIONS OF SALE: • The Purchaser shall, at the Purchaser's expense, resubdivide the property and vacate internal lot lines to incorporate the approximate 5,993 square feet into the existing property at 1289 Ferry Point Road • The Buyer shall submit a site plan for review and approval by the Planning Department prior to any construction. Said approval shall only be for the construction of single family dwellings. • The Purchaser shall adhere to all zoning ordinances. epared by P.W./Eng./Eng. Support Services Bureau 01/04/2010 M.J.S. fiaadoxi \sdeW epua6 pxusLgt9 86Zt'`tr£tZ'g L G) G) 13-U ZZ .P 0101 1 1 CD (D N Ab 101 -31 - Item V -K.4. ORDINANCES/RESOLUTIONS ITEM # 59530 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE a temporary encroachment into a portion of a City -owned right-of-way for PEDRO F. and MELLESSA M. BECERRA-CELY to construct and maintain a wharf and a four (4) pile boat lift into Pike Inlet at 309 Teal Crescent. DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 4. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 5. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 6. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). 7. It is further expressly understood and agreed that the Grantee shall make a payment of FOUR HUNDRED SIXTY-NINE DOLLARS AND TWENTY CENTS ($469.20), payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15 -foot - wide Sfoot- wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. January 12, 2010 - 32 - Item V -K.4. ORDINANCES/RESOLUTIONS ITEM # 59530 (Continued) 8. It is further expressly understood and agreed that the Grantee shall establish and maintain six (6) trees and six (6) shrubs (the "Buffer") of a size and species of the Grantee's choice, as long as the trees are native trees, to be planted fifteen (15) feet landward of the bulkhead near the south property line. The Buffer shall not be established during the months of June, July or August so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notes the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. 9. It is further expressly understood and agreed that the Grantee must obtain and keep in force all- risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500, 000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 10. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. 11. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. January 12, 2010 - 33 - Item V -K.4. ORDINANCES/RESOLUTIONS ITEM # 59530 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF A VARIABLE 6 WIDTH CANAL ON CITY PROPERTY 7 KNOWN AS PIKE INLET LOCATED AT 8 THE REAR OF 309 TEAL CRESCENT, 9 FOR PROPERTY OWNERS PEDRO F. 10 BECERRA-CELY AND MELLESSA M. 11 BECERRA 12 13 WHEREAS, Pedro F. Becerra-Cely and Mellessa M. Becerra desire to construct 14 and maintain an open -pile wharf and a four (4) pile boat lift upon a portion of a variable 15 width canal on City property known as Pike Inlet located at the rear of 309 Teal 16 Crescent, in the City of Virginia Beach, Virginia; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Pedro F. Becerra-Cely and 2 6 Mellessa M. Becerra, their heirs, assigns and successors in title are authorized to 27 construct and maintain temporary encroachments for a wharf and four (4) pile boat lift 2 8 in a portion of the City's property as shown on the map marked Exhibit "A" and entitled: 29 "EXHIBIT 'A' ENCROACHMENT REQUEST FOR PEDRO F. BECERRA-CELY AND 30 MELLESSA M. BECERRA LOT 64, SANDBRIDGE SHORES, SECTION 1-B NORTH 31 75 PA SBD TIF SSD DISTRICT VIRGINIA BEACH, VA M.B. 103 PG. 24," a copy of 32 which is on file in the Department of Public Works and to which reference is made for a 33 more particular description; and 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and Pedro F. Becerra-Cely and Mellessa M. Becerra (the 38 "Agreement"), which is attached hereto and incorporated by reference; and 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 41 is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 44 time as Pedro F. Becerra-Cely and Mellessa M. Becerra and the City Manager or his 45 authorized designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 of January , 2010. 1 2th day CA -11198 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA11198 Becerra-Cely Ordiance.doc V:\applications\citylawprod\cycom32\W pdocs\D004\P005\00024121. DOC R-1 PREPARED: 12/4/09 APPROVED AS TO CONTENTS C. DI61,056, PUB WORKS, REAL ESTATE •ANA ' f ARMEYER, ASSISTANT CITY ATTORNEY APPROVED AS TO LEGAL SUFFICIENCY AND FORM PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 16th day of September, 2009, by and between the CITY OF VIRGINIA BEACH, VI RGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and PEDRO F. BECERRA-CELY AND MELLESSA M. BECERRA, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 64" as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1B NORTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 24, and being further designated, known, and described as 309 TEAL CRESCENT, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a wharf and a four (4) pile boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a variable width canal on City property known as Pike Inlet, the "Encroachment Area"; and G P I N : 2433-26-1617-0000 2433-16-9348-0000 (City Property -Canal) I II WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR PEDRO F. BECERRA- CELY AND MELLESSA M. BECERRA LOT 64, SANDBRIDGE SHORES, SECTION 1-B NORTH 75 PA SBD TIF SSD DISTRICT VIRGINIA BEACH, VA M.B. 103 PG. 24," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 I II be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a FOUR HUNDRED SIXTY-NINE DOLLARS AND TWENTY CENTS ($469.20) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15 -foot -wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. 3 It is further expressly understood and agreed that the Grantee shall establish and maintain six (6) trees and six (6) shrubs (the "Buffer") of a size and species of the Grantee's choice, as long as the trees are native trees, to be planted fifteen (15) feet landward of the bulkhead near the south property line. The Buffer shall not be established during the months of June, J uly, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. 4 It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Pedro F. Becerra-Cely and Mellessa M. Becerra, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 I II CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2010, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2010, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: 6 (SEAL) Notary Public A'R STATE OF VIRGIN CITY/COUNTY OF Pedro F. Becerra-Cely Mell-ssa M. Becerra to -wit: 4e:(2AAA, The foregoing instrument as acknowledged before me this / 6 day of ?'A Trf O\ ,(az.. a :. _. Notary Public Npt'a d istration Number: 3455 14) Co co My Commission Expires: /..2-7,3 f/245,07 , 2009, by Pedro F. Becerra-Cely. STATE OF VIRGI CITY/COUNTY 0 o -wit: #6?-4-44--2--(SEAL) The fliegoing instrument w -s acknowledged before me this 2009, by Mellessa M. Becerra. .h'Giti.. 'Registration Number: 3s5---4 My Commission Expires: l� '74( --Clay of Notary Public 7 (SEAL) APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIG URE a R. • rm yer, Assistant City Attorney DEPARTMENT 8 THIS PLAN IS BASED ON THE NAVD 1988 DATUM. THE CITY OF VIRGINIA BEACH CONTROL REFERENCE POINT USED FOR THE SURVEY AND DESIGN OF THIS PLAN IS # 0-013. ORTHOMETRIC HEIGHT: 9.97' PROPOSED BOATLIFT S 65°42' E _94.60_ APPROX. MLW -1.2 - J MHW 1.6' AND ---- TOP OF VERTICAL BANK U J J O W_CC N 0) d CO CO o I 0 I- >- O (0 Om^ O 0 vr CO 0 �CN N IPF AT 120.26' N �T/NG CE 12' PIKE INLET -0-FLOODS EBB EX. RIPRAP APPROX. MLW 1.2 PROPOSED WHARF _30' N/F VIRGINIA BEACH 2433-16-9348 (MB. 103, PG. 24) REMOVE 4 EX. PILES REMOVE 5' OF TEMP. FENCE PROPOSED BULKHEAD LOT 64 INST: 20080304000241760 GPIN: 24332616170000 ZONING: 13 - R15 EX. RIPRAP z W v_ 0 2 -STY FRM ON PILES FF: 8.3 # 309 DECK 21.0 24.5 DECK EXISTING WOO! FEN 01 z -n 259.06' TO BLUEBILL DRIVE IPF TEAL L=120' 0 36 "M/H RIM 4.75 CRESCENT (50') PLAN VIEW 0 30' 60' NOTE: A 5' DRAINAGE AND UTILITIES EASEMENT EXISTS ALONG ALL LOT LINES (M. B.103, PG. 24) a 2009 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. 1" = 30' WATERFRONT ':► CONSULTING ..� INC. 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PH: (757) 425-8244 FAX: (757) 216-6687 ENGINEERING SERVICES PROVIDED BY: SEA DESIGN SERVICES, INC. 467-7486 EXHIBIT 'A' — ENCROACHMENT REQUEST FOR PEDRO F. BECERRA—CELY and MELLESSA M. BECERRA LOT 64, SANDBRIDGE SHORES, SECTION 1-B NORTH 75 PA SBD TIF SSD DISTRICT VIRGINIA BEACH, VA M.B. 103 PG. 24 SHEET 1 OF 1 DATE: APRIL 24, 2009 I - 34 - Item V -K.5. ORDINANCES/RESOLUTIONS ITEM # 59531 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution in SUPPORT of the Safe Route to School (SRTS) project re the Newtown Road Corridor between Haygood Road and Diamond Springs Road near Bayside Middle School Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 1 A RESOLUTION IN SUPPORT OF A SAFE ROUTES TO 2 SCHOOL PROJECT FOR THE NEWTOWN ROAD 3 CORRIDOR NEAR BAYSIDE MIDDLE SCHOOL 4 5 WHEREAS, the City Council of Virginia Beach recognizes that there is a 6 significant community need for pedestrian safety improvements, especially in the vicinity 7 of schools in order to provide safe access for school children; and 8 9 WHEREAS, the City Council of Virginia Beach supports improving pedestrian 10 access through safety programs and infrastructure improvements; and 11 12 WHEREAS, the Newtown Road Corridor between Haygood Road and Diamond 13 Springs Road, which is near Bayside Middle School (the "Project), would benefit from 14 such pedestrian safety improvements; and 15 16 WHEREAS, the Virginia Department of Transportation (VDOT) through Safe 17 Routes to School or in cooperation with other State departments or agencies, may 18 provide financing for the Project. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA THAT: 22 23 The City Council of Virginia Beach supports a Safe Routes to School program for 24 the Newtown Road corridor, which is near Bayside Middle School; and 25 26 BE IT FURTHER RESOLVED THAT, the City Manager has the authority to enter 27 into a legal agreement with the Virginia Department of Transportation on behalf of the 28 City, such agreement to be approved for legal sufficiency by the City Attorney; and 29 30 BE IT FURTHER RESOLVED THAT, the City Council of Virginia Beach 31 acknowledges the Safe Routes to School program is a locally -administered 32 reimbursement program. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day Of January , '2010 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Dep ent' _arks an s ' ecreation CA11349 R-2 December 22, 2009 Ci ttorney Office - 35 - Item V -K.6. ORDINANCES/RESOLUTIONS ITEM # 59532 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council REMOVED FROM AGENDA, BY CONSENT: Resolution to SUPPORT completion of the Transit Extension Study, HOLD IN ABEYANCE construction of the light rail project and URGING the Transportation District Commission of Hampton Roads (TDCHR) to install new leadership to restore confidence of member localities and citizens in Hampton Roads Transit (HRT) Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 - 36 - Item V -K 7. ORDINANCES/RESOLUTIONS ITEM # 59533 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to ACCEPT $7,185 from the Division of Motor Vehicles (DMV) (animal friendly license plates) and provide it to the SPCA to support dog and cat sterilization efforts Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 1 AN ORDINANCE TO ACCEPT FUNDS FROM THE 2 DEPARTMENT OF MOTOR VEHICLES TO SUPPORT 3 STERILIZATION PROGRAMS FOR DOGS AND CATS 4 5 WHEREAS, the Code of Virginia § 46.2-749.2:7 requires funds provided to the 6 City from the sale of "Animal Friendly" special license plates shall be paid to support 7 sterilization programs for dogs and cats. 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 1. That $7,185 is hereby accepted from the Virginia Department of Motor 13 Vehicles and appropriated to the FY 2009-10 Operating Budget to provide a contribution 14 to the SPCA. 15 16 2. That estimated revenue from the Virginia Department of Motor Vehicles in 17 the FY 2009-10 Operating Budget is hereby increased by $7,185. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 7th day of January 20T0 Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: Managen6nt services City A o - y's Office CA11348 R-2 December 22, 2009 - 37 - Item V -K.8. ORDINANCES/RESOLUTIONS ITEM # 59534 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to APPROPRIATE $47,835 to Housing and Neighborhood Preservation (DHNP) re an upgrade to the software system in use by the Housing Choice Voucher program Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 II 1 AN ORDINANCE TO APPROPRIATE $47,835 IN FUND 2 BALANCE TO THE FY 2009-10 OPERATING BUDGET OF 3 THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD 4 PRESERVATION 5 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $47,835 of fund balance from the Federal Section 8 Program Special 11 Revenue Fund is hereby appropriated, with specific fund reserves increased 12 accordingly, to the FY 2009-10 Operating Budget of the Department of Housing and 13 Neighborhood Preservation to upgrade the existing software system, which will enhance 14 financial reporting. 15 16 Adopted by the Council of the City of Virginia Beach, Virginia on the 1 2th day 17 of January , 2010. 18 19 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: meat Services CA11353 R-2 December 29, 2009 APPROVED AS TO LEGAL SUFFICIENCY: Cit ' torney's Office - 38 - Item V-K.9.a.b.c. ORDINANCES/RESOLUTIONS ITEM # 59535 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to ESTABLISH a Capital Project and TRANSFER $228, 000 for the Interfacility Traffic Area (ITA) Master Plan Study encompassing the Princess Anne area: a. $178,000 from Oceana ITA conformity and acquisition b. $40, 000 from the General Fund Reserve for Contingencies c. $10, 000 from Open Space Park Development and Maintenance Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 1 AN ORDINANCE TO CREATE CAPITAL PROJECT #4-298, 2 INTERFACILITY TRAFFIC AREA AND VICINITY MASTER 3 PLAN, AND TO TRANSFER FUNDS TO THIS PROJECT 4 5 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 6 VIRGINIA BEACH, VIRGINIA, THAT: 7 8 1. Capital Project #4-298, Interfacility Traffic Area and Vicinity Master Plan, is 9 hereby established as a project in the FY 2009-10 Capital Budget for the purpose of 10 studying the Interfacility Traffic Area ("ITA") and developing an ITA Master Plan that 11 utilizes the Virginia Beach Development Authority's Annual Services' consultant; and 12 13 2. The following funds are hereby transferred to Capital Project #4-298: 14 15 a. $178,000 from CIP #9-060, Oceana & Interfacility Traffic Area Conformity & 16 Acquisition; 17 18 b. $40,000 from the General Fund Reserve for Contingencies; 19 20 c. $10,000 from CIP #4-055, Open Space Park Development and Maintenance. 21 22 Adopted by the Council of the City of Virginia Beach, Virginia on the 1 2th day 23 of January , 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: c G',71 Management Services CA11356 R-3 January 5, 2010 .✓z/ ity Attorney's Office - 39 - L. PLANNING ITEM # 59536 1. CLUB DIESEL (CRAIG DEAN) PROSPERITY BEACH, LLC 2. NANTUCKET BY THE BAY, LLC MODIFICATION OF AN EXISITNG PROFFER AGREEMENT (previously approved: May 9, 2006 and April 8, 2008) MODIFICATION OF AN EXISTING PROFFER AGREEMENT (previously (previously approved: October 25, 2005 and January 22, 2008) 3. CHURCH OF THE HOLY FAMILY MODIFICATION OF CONDITIONS (previously approved: December 8, 1998) 4. TIDEWATER KOREAN BAPTIST CHURCH MODIFICATION OF CONDITIONS (previously approved: January 13, 1998 and February 13, 2007)) 5. NEW BEGINNING OUTREACH CHURCH/ CONDITIONAL USE PERMIT 6. HARD CONCRETE COMPANY/MASAG II, LLC CONDITIONAL USE PERMIT 7. KLB BUILDERS/LESSEL PARKER CHANGE OF ZONING 8. CITY ZONING ORDINANCE AMEND Section 1001 of the CZO re I-1 and 1-2 Districts January 12, 2010 - 40 - L. PLANNING ITEM # 59537 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7 and 8 of the PLANNING BY CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 I -41 - Item V -L.1. PLANNING ITEM # 59538 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of CLUB DIESEL (CRAIG DEAN)/PROSPERITY BEACH, LLC for Modification of the existing Proffer Agreement (previously approved by City Council on May 9, 2006 and April 8, 2008) to allow an outdoor patio, deck and motorcycle parking area at 1375 Oceana Boulevard BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CLUB DIESEL (CRAIG DEAN)/PROSPERITY BEACH, LLC for Modification of the existing Proffer Agreement (previously approved by City Council on May 9, 2006 and April 8, 2008) to allow an outdoor patio, deck and motorcycle parking area at 1375 Oceana Boulevard, GPIN #24154892730000; #24155811200000 DISTRICT 6 — BEACH The following conditions shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (7 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth of January Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 1 I In Reply Refer To Our File No. DF -7597 TO: Mark D. Stiles FROM: B. Kay Wilson RE: CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: December 30, 2009 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; Diesel The above -referenced conditional zoning application is scheduled to be heard by the City Council on January 12, 2010. I have reviewed the subject proffer agreement, dated October 20, 2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen PREPARED BY: WSYKES. BOURDON, AHERN & LEVY. R.C. SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS PROSPERITY BEACH, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this loth day of October, 2009, by and between PROSPERITY BEACH, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of two (2) parcels of property located in the Beach District of the City of Virginia Beach, containing 5.9035 acres which are more particularly described as PARCEL A and PARCEL B in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels, which is a resubdivided assemblage of five (5) parcels, are herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously Proffered Covenants, Restrictions and Conditions dated October 31, 2005 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument #20060519000756440 (hereinafter "2005 Proffers") and the previously proffered "FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS" dated December 20, 2007 recorded in the afore referenced Clerk's Office as Instrument #20080418000445500 (hereinafter "2007 Amended Proffers"), to reflect amendments applicable to the land use plan on the Property; and GPIN: 2415-48-9273-0000 (PARCEL B) 2415-58-1120-0000 (PARCEL A) 1 I PREPARED BY: j SYKES. DOURDON. AI1ERN & LEVY. P.C. WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer number 1 in the 2007 Amended Proffers is amended to read: "When the Property is developed, it shall be developed and landscaped substantially as shown on the "2009 REVISED LAYOUT PLAN FOR PROSPERITY BEACH RETAIL SHOPPES AT EAGLEWOOD DRIVE AND OCEANA BOULEVARD VIRGINIA BEACH, VIRGINIA", prepared by Site Improvement Associates, dated 10/20/09, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2 PREPARED BY: • SYKES. BOURDON. 3ERN & LEVY. P.C. 2. When the outdoor patio seating area is added at the northeastern end of Building No. 1 as depicted on the 2009 Revised Site Plan, the fencing, landscaping and exterior facade of the northeastern wall of Building No. 1 shall be substantially similar in appearance to the elevations depicted exhibits entitled "CONCEPTUAL RENDERING/Diesel — Deck Addition", dated 07/30/09, prepared by ionic dezign studios which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Deck Addition Renderings"). The playing of amplified music in the outdoor patio seating area shall be prohibited. 3. All of the terms, conditions, covenants, servitudes and agreements set forth in the 2005 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #20060519000756440 and the 2007 Amended Proffers recorded in the afore referenced Clerk's Office as Instrument #2008048000445500, save and except Proffer #i, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors in interest or title. The Grantor further covenants and agrees that: All references hereinabove to the B-2 Commercial District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a PREPARED BY: MSYKES. BOURDON, All£RN & LEVY. P.C. resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 195o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Nanning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Prosperity Beach, L.L.C., a Virginia limited liability company By: Robert F. Wright, Managing Member (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this'`�9\../day of October, 2009, by Robert F. Wright, Managing Member of Prosperity Beach, L.L.C., a Virginia limited liability company, Grantor. My Commission Expires: Notary Registration No.: PREPARED BY: tila SYKES, BOURDON. in ARERN & LEVY. P.C. n / \ Notary Public MY COMMISSION EXPIRES FEBURARY 28, 2010 I II EXHIBIT "A" ALL THOSE certain lots, pieces or parcels of land located, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as PARCEL A and PARCEL B, as depicted on that certain plat entitled "RESUBDIVISION OF PROPERTY OWNED BY PROSPERITY BEACH, L.L.C. VIRGINIA BEACH, VIRGINIA", dated April 7, 2008, prepared by Site Improvements Associates, P.C., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #20090219000170930. GPIN: 2415-48-9273-000o PARCEL A 2415-58-1120-000o PARCEL B ModificationtoProffers/ ProsperityBeach_Diesel/Proffer PREPARED BY: IISYKES. BOURDON. AHERN & LEVY. P.C. - 42 - Item V -L2. PLANNING ITEM # 59539 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon Application of NANTUCKET BY THE BAY, LLC for Modification of an existing Proffer Agreement (previously approved by City Council on October 25, 2005 and January 22, 2008) to allow child daycare as well as future site and building design at 3762 Shore Drive BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Application of NANTUCKET BY THE BAY, LLC for Modification of existing Proffer Agreement (previously approved by City Council on October 25, 2005 and January 22, 2008) to allow child daycare as well as future site and building design at 3762 Shore Drive, GPIN #14893879190000; #14893960430000; #14893950710000 DISTRICT 4 — BAYSIDE DISTRICT; The following conditions shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (/) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth of January Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye. Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 In Reply Refer To Our File No. DF -7590 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: December 30, 2009 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Nantucket by the Bay, L.L.C. The above -referenced conditional zoning application is scheduled to be heard by the City Council on January 12, 20100. I have reviewed the subject proffer agreement, dated October 1, 2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen ✓ PREPARED BY: SYKES. BOURDON, IN A1III1N & LEVY. P.C. SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS NANTUCKET BY THE BAY, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this ist day of October, 2009, by and between NANTUCKET BY THE BAY, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of three (3) parcels of property located in the Bayside District of the City of Virginia Beach, containing approximately ± .78 Acres which are more particularly described as Parcels 1, 2 and 3 in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels are herein together referred to as the "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered First Amendment to Proffered Covenants, Restrictions and Conditions dated October 3o, 2007 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument #20080125000092850 (hereinafter "2007 Proffers"), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1489-38-7919 1489-39-6043 1489-39-5071 PREPARED BY: le SYYPS. BOURDON. AN£RN & LEVY, P.0 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is redeveloped, in order to achieve a coordinated design and development of this site in terms of limited vehicular access, parking, landscape buffering, and building design, it shall be substantially in accordance with the "Exhibit Of Vintage Quay Stratford Road Virginia Beach, VA", dated 09/30/09, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. When the Property is redeveloped, vehicular ingress and egress shall be via one (i) entrance from Stratford Road. 3. The architectural design of the buildings depicted on the Concept Plan will be substantially as depicted on the exhibits entitled "SHORE DRIVE — ELEVATION, I II PREPARED BY: MSYK£S. POURDON. AH£RN & LEVY. P.C. VINTAGE QUAY CONDOMINIUM, 2 -STORY BUILDING", dated October 1, 2009; "STRATFORD ROAD — ELEVATION, VINTAGE QUAY CONDOMINIUM, 2 -STORY BUILDING", dated October 1, 2009; "FRONT ELEVATION VINTAGE QUAY CONDOMINIUM, 6 -UNIT TOWNHOME BUILDING", dated October 1, 2009; and "REAR ELEVATION, VINTAGE QUAY CONDOMINIUM, 6 -UNIT TOWNHOME BUILDING", dated October 1, 2009, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). The principal exterior building materials shall be hardie plank, genuine or synthetic cedar shake siding and brick. 4. When the Property is redeveloped, there will be no more than fifteen (15) residential units with thirty (30) onsite parking spaces and nine (9) garages. 5. Until the Property is redeveloped, if the existing building is to be utilized for any commercial use it shall be renovated, the exterior of the building shall be upgraded with an earth -tone EIFS exterior and landscaping shall be planted substantially in accordance with the "SOUTH ELEVATION FROM SHORE DRIVE / EAST ELEVATION FROM W. STRATFORD RD. INTERSECTION", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Landscape Elevation"). 6. The only commercial uses permitted on the Property are: a. retail shops; b. florists, gift shops and stationary stores; c. business studios, office and clinics; d. medical and dental offices and clinics; and e. an eating and drinking establishment not exceeding 2000 square feet in total floor area; which cannot sell any alcoholic beverages; which cannot have any live entertainment; and which will close daily by no later than 11:00 PM; f. child care. 7. If any portion of the existing building is used for child care, the existing access from Shore Drive shall not be utilized. The existing Shore Drive access shall be temporarily barricaded in a manner approved by the Grantee pending redevelopment of the Property. In no event shall the temporary barricade of the access from Shore Drive, in conjunction with the child care use of the Property, continue beyond June 30, 2011. 8. When the "existing building" is renovated as described in proffer 5, if a portion of the building is used for an eating and drinking establishment, as described in 3 PREPARED BY: SYKES. BOURDON, A14ERN & LEYY. P.C. proffer 6(e), the eating and drinking establishment use in the existing building shall not continue beyond June 1, 2011. 9. 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. 9. The Covenants, Restrictions and Conditions set forth herein replace and supersede the 2007 Proffers. The Grantor further covenants and agrees that: All references hereinabove to the B-4 (SD) District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. PREPARED BY: SYICES. BOURDON. AHERN & LEVY. P.C. WITNESS the following signature and seal: Grantor: Nantucket By The Bay, L.L.C., a Virginia limited liability company By: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: Steven Bishard, Managing Member (SEAL) The foregoing instrument was acknowledged before me this 1st day of October, 2009, by Steven Bishard, Managing Member of Nantucket By The Bay, L.L.C., a Virginia limited liability company. ; ? — \ • Notary Public My Commission Expires: August 31, 2010 Notary Registration No.: 192628lit PREPARED BY: EN SYK£S, BOURDON, AB£RN & LEVY, P.0 EXHIBIT "A" PARCEL 1: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 7, in Block 33, as shown on that certain plat entitled "Plat of Ocean Park, Section B", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at Page 137. GPIN: 1489-38-7919 PARCEL 2: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 6, in Block 33, as shown on that certain plat entitled, "Plat of Ocean Park, Section B", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at Page 137. GPIN: 1489-39-6043 PARCEL 3: ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lots 4, 5, 8 and 9, in Block 33, as shown on that certain plat entitled "Plat of Ocean Park, Section B", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at Page 137. GPIN: 1489-39-5071 ModificationtoProffers/NantucketbytheBay/2oo9/Proffer2_Clean Rev_io/23/09 PREPARED BY: No t SYK S. IORDON. At1LRN & LEVY. P.C. I Item V -L.3. PLANNING - 43 - ITEM # 59540 I II Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of CHURCH OF THE HOLY FAMILY for Modification of Conditions (previously approved by City Council on December 8, 1998) to allow construction of a Columbarium at 1279 North Great Neck Road BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CHURCH OF THE HOLY FAMILY for Modification of Conditions (previously approved by City Council on December 8, 1998) to allow construction of a Columbarium at 1279 North Great Neck Road, GPIN # 24082625090000 DISTRICT 5 - L YNNHA VEN DISTRICT The following conditions shall be required: 1. The development of the Columbarium shall substantially conform to the submitted site plan entitled, "Exhibit of Church of the Holy Family", dated September 30, 2009, and prepared by MSA, P.C. Said plans have been exhibited to the Virginia Beach City Council and are on the file in the Virginia Beach Planning Department. 2. The development of the Columbarium shall substantially conform to the submitted elevations entitled, "Preliminary Design for: Church of the Holy Family ", dated September 28, 2009, and prepared by Barnes Design Group. Said plans have been exhibited to the Virginia Beach City Council and are on the file in the Virginia Beach Planning Department. 3. Grading and drainage plans for the Columbarium and the drainage area shall be submitted to and approved by the Development Service Center prior to development. 4. All conditions of the Use Permit approved for this site on December 8, 1998, remain in effect. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth of January Two Thousand Ten January 12, 2010 I Item V -L.3. PLANNING Voting: 10-0 (By Consent) Council Members Voting Aye: - 44 - ITEM # 59540 (Continued) Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 - 45 - Item V -L.4. PLANNING ITEM # 59541 1 11 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of TIDEWATER KOREAN BAPTIST CHURCH for Modification of Conditions (previously approved by City Council on January 13, 1998 and February 13, 2007) to add a second story to the church at 301 Overland Road BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application TIDEWATER KOREAN BAPTIST CHURCH for Modification of Conditions (previously approved by City Council on January 13, 1998, and February 13, 2007) to add a second story to the church at 301 Overland Road, GPIN #24174691040000 DISTRICT 2 — KEMPSVILLE ZO1101232 The following conditions shall be required: 1. All conditions of the 1998 and 2007 Modification of Conditions of the Conditional Use Permit are deleted and replaced with the conditions listed below: 2. When the property is developed, it shall be redeveloped and landscaped, including the requirements of Condition No. 4 below, substantially as shown on the Exhibit entitled, "PRELIMINARY SITE AND LANDSCAPE PLAN FOR BUILDING ADDITION TO TIDEWATER KOREAN BAPTIST CHURCH, 301 OVERLAND ROAD, VIRGINIA BEACH, VIRGINIA," prepared by Land Design and Development, dated August 24, 2009, which has been exhibited to the City Council and is on file in the Planning Department. 3. The building additions and modifications shall be substantially as shown on the exhibits entitled, "Tidewater Korean Baptist Church, Renovation/Addition, Sheets A201, A901, A902," dated July 7, 2009, which have been exhibited to the City Council and are on file in the Planning Department. 4. The existing chain link fence along Oakengate Drive shall be removed. Streetscape landscaping, consistent with the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach, shall be installed along Oakengate Drive, the length of the parking spaces. 5. No additional freestanding or building signage shall be permitted, other than directional signage. In the event that the existing sign is replaced, it shall not consist of an electronic display, it shall be limited to (8) eight feet in height, and shall be a monument -style sign constructed of building materials that match and/or complement the building. January 12, 2010 Item V -L.4. PLANNING - 46 - ITEM # 59541 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth of January Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 I II - 47 - Item V -L.5. PLANNING ITEM # 59542 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of NEW BEGINNING OUTREACH CHURCH/CHIMNEY HILL CENTER VIRGINIA BEACH, VA, LP for a Conditional Use Permit re a church within an existing shopping center at 945 Chimney Hill Shopping Center, Suite 102 DISTRICT 3 — ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NEW BEGINNING OUTREACH CHURCH/CHIMNEY HILL CENTER VIRGINIA BEACH, VA, LP for a Conditional Use Permit re a church within an existing shopping center at 945 Chimney Hill Shopping Center, Suite 102, GPIN # 14865422830000 DISTRICT 3 — ROSE HALL RO11035389 The following conditions shall be required: 1. The number of individuals attending any one service shall not exceed 120 or the number established by the City's Fire Marshall, with the lower number of the two being the maximum. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department 3. This Conditional Use Permit is valid for three (3) years. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth of January Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 -48 - Item V -L.6 PLANNING ITEM # 59543 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of HARD CONCRETE CO./MASAG II, LLC for a Conditional Use Permit re a contractor's storage yard at 1528 Centerville Turnpike. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HARD CONCRETE CO./MASAG II, LLC for a Conditional Use Permit re a contractor's storage yard at 1528 Centerville Turnpike, GPIN # 1455752840000 DISTRICT 1— CENTERVILLE RO11035390 The following conditions shall be required: 1. The contractor's storage yard shall be screened from the right-of-way with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach, along the length of the fence adjacent to Centerville Turnpike. Chain link fence shall not be permitted to meet this requirement. 2. A solid, six (6) foot high privacy fence shall be installed along the rear property line where such fence does not exist. As per Section 272 (b), when screening is required on a lot and where that lot abuts an existing hedge, wall or other durable landscape barrier on an abutting property, the existing structure or hedge may be used to satisfy the screening requirements of this section, provided that the existing structure meets the minimum standards set forth in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia. The burden to provide the necessary screening remains with the use to be screened, in this case the contractor's storage yard, and is a continuing obligation which runs with the land so long as the original relationship exists. 3. No barbed wire, razor wire or electrified fences shall be installed on the roof or walls of any of the buildings or on any fencing on or surrounding the property. Where barbed or razor wire currently exists, it shall be removed. 4. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused way from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 5. The hours of operation shall be limited to 8: 00 A.Mto dusk, Monday through Saturday. 6. The contractor's storage yard shall be limited to materials and equipment related to the existing concrete operation. No storage of inoperable motor vehicles or nonrelated materials or vehicles shall be permitted. 7. Any freestanding sign shall be monument style, not of electronic display (LED) type, and limited to eight (8) feet in height. January 12, 2010 - 49 - Item V -L.6 PLANNING ITEM # 59543 (Continued) 8. A plan shall be submitted to the Current Planning Division of the Planning Department with the applicable items listed above within thirty (30) days of approval by City Council. 9. Storage of equipment or materials on trailers or platforms shall be prohibited. 10. The parking lot shall be restriped. 11. The trim of the building shall be painted. The exterior of the building shall be maintained at all times. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth of January Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 -50- Item V -L.7. PLANNING ITEM # 59544 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of KLB BUILDERS/LESSEL PARKER for a Change of Zoning District Classification from A-12 Apartment District to R -5S Residential District re construction of a new single-family dwelling at 1145 Carver Avenue Ordinance upon application of KLB BUILDERS/LESSEL PARKER for a Change of Zoning District Classification from A-12 Apartment District to R -5S Residential District re construction of a new single- family dwelling at 1145 Carver Avenue, GPIN #14557552840000 DISTRICT 6 - BEACH ZO1101232 This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth of January Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 U I II -51 - Item V -L.8. PLANNING ITEM # 59545 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AMEND Section 1001 of the City Zoning Ordinance (CZO) re religious uses in the 1-1 and 1-2 Industrial Districts Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 II I 1 AN ORDINANCE TO AMEND SECTION 1001 OF THE CITY 2 ZONING ORDINANCE PERTAINING TO RELIGIOUS USES 3 IN THE 1-1 and 1-2, INDUSTRIAL ZONING DISTRICTS 4 5 Section Amended: § 1001 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 1001 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 ARTICLE 10. INDUSTRIAL DISTRICTS 17 .... 18 19 Sec. 1001. Use regulations. 20 21 (a) Principal and conditional uses. The following chart lists those uses 22 permitted within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the 23 respective industrial districts shall be permitted as either principal uses indicated by a 24 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 25 shall be prohibited in the respective districts. No uses or structures other than as 26 specified shall be permitted. 27 .... 28 29 Use 1-1 1-2 30 .... 31 32 Religious uses, except freestanding C C 33 34 .... 35 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of 38 January, 2010. A"R•VEDAS 0 NTENT: i..A.to MUv y 1^►1 Planning •a ment CA11129 R-3 October 14, 2009 APPROVED AS TO LEGAL S FFICIENCY: City Attorney's Office - 52 - Item V -M.1. APPOINTMENTS ITEM # 59546 BY CONSENSUS, City Council RESCHEDULED, the following APPOINTMENTS: COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION Item V -M.2. January 12, 2010 - 53 - Item V -M.2. APPOINTMENTS ITEM # 59547 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: William E. Hart, Jr. 3 Year Term 7/1/10-6/30/12 BIKEWAYS and TRAILS ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 - 54 - Item V -M.3. APPOINTMENTS ITEM # 59548 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Wendy Phelps Unexpired Term thru 8/31/11 PARKS & RECREATION COMMISSION Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 - 55 - Item V -M.4. APPOINTMENTS ITEM # 59549 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: John F. Malbon Preston R. Midgett, II Kenneth C. Taylor William D. Almond 1 year extension to terms to 12/31/10 David Groth 3 year term 1/1/10-12/31/12 RESORT ADVISORY COMMISSION Voting.• 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 12, 2010 - 56 - Item V.P. ADJOURNMENT ITEM # 59550 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:12 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia The Public Dialogue re Non Agenda items adjourned at 6:20 P.M. January 12, 2010 - 57 - PUBLIC DIALOGUE APPLE BLOSSOM APARTMENTS Ruth Sternlicht, 1733 North River Road, Manager and Owner — Fremac Apartment Associates, L.L.C., Phone: 481-0104, Business Cell: 839-3170. Mrs. Sternlicht was here to advocate for Apple Blossom Apartments, located on Linkhorn Circle and Fremac Drive in Hilltop. The apartments have been flooded like never previously during the Nor'easter on November 12 and 13, 2009, and again during heavy rains on December 19, 2009. Water sat under the buildings for two (2) days and nights, flooding first floors of apartments. Hallways of buildings had waves. Linkhorn Circle and Fremac Drive were flooded for days. Mrs. Sternlicht requested more drains to remove the water. The residents are requesting additional drains on Linkhorn Circle and Fremac Drive. Mrs. Sternlicht's statement and petition is hereby made a part of the record. Natalie C. Greene, 719 Tilden Place, Phone: 615-2596, represented Fremac Apartments, read correspondence from Lorrie Smith (600 Fremac Drive) and Pamela M. Brown (resident of Apple Blossom Apartments —1313 Linkhorn Circle #104), conveying the damage and flooding caused by the Nor 'easter. Said correspondence is hereby made a part of the record. The City Manager advised the Nor 'easter was declared a DISASTER by the Governor. There are certain programs available to the community. Information shall be provided by City Staff. January 12, 2010 -56 - Item V.P. ADJOURNMENT ITEM # 59550 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:12 P.M. �.y/QA2) Beverly O. Hooks, CMC Chief Deputy City Clerk th Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor The Public Dialogue re Non Agenda items adjourned at 6:20 P.M. January 12, 2010