DECEMBER 7, 2010 AGENDACITY COUNCIL
M 1 YOR WILLIAM D. SESSOMS, JR., At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
RITA SWEET BELLITTO, At -Large
GLENN R. DAVIS, Rase Hall - District 3
WILLIAM R. DeSTEPH, At -Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. DYER, Centerville - District 1
BARBARA M HENLEY, Princess Anne — District 7
JOHN E. UHRIN, Beach — District 6
ROSEMARY WILSON, At -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 — LYNDON S. REMIAS
CITY CLERK — RUTH HODGES FRASER, AWC
I.
II.
IV
11
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL BRIEFING
CITY COUNCIL AGENDA
7 December 2010
- Conference Room -
A. VOLUNTEER RESOURCES ANNUAL REPORT
Mary Russo, Director
CITY MANAGER'S BRIEFINGS
A. SCHOOLS — MOVING TOWARDS SUSTAINABILITY
Clay Bernick, Environment and Sustainability Office Manager
Tim Cole, Sustainable Schools Project Manager
B. RESTLESS PLANET — One -Year Status Report
Lynn Clements, Director, Museums and Cultural Arts
C. LYNNHAVEN PARKS and RECREATION OFFICES — Nike Site
Dave Hansen, Deputy City Manager
CITY COUNCIL LIAISON REPORTS
CITY COUNCIL COMMENTS
CITY COUNCIL AGENDA REVIEW
VI. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE: (757) 385-4303
FAX (75 7) 385-5669
E-MAIL: Ctycncl@vbgov.com
4:00 PM
5:30 PM
I. CITY COUNCIL BRIEFING - Conference Room - 4:00 PM
A. VOLUNTEER RESOURCES ANNUAL REPORT
Mary Russo, Director
II. CITY MANAGER'S BRIEFINGS
A. SCHOOLS — MOVING TOWARDS SUSTAINABILITY
Clay Bernick, Environment and Sustainability Office Manager
Tim Cole, Sustainable Schools Project Manager
B. RESTLESS PLANET — One -Year Status Report
Lynn Clements, Director, Museums and Cultural Arts
C. LYNNHAVEN PARKS and RECREATION OFFICES — Nike Site
Dave Hansen, Deputy City Manager
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. CITY COUNCIL AGENDA REVIEW
VI. INFORMAL SESSION - Conference Room - 5:30 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Richard Keever
Senior Chaplain, Westminster Canterbury
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS November 23, 2010
G. FORMAL SESSION AGENDA
H. PUBLIC HEARING
1. REAL and PERSONAL PROPERTY TAX EXEMPTIONS
a. Aragona-Pembroke Little League, Inc
b. ORPHANetwork
c. T.D. Edwards Foundation
v,
NOTICE OF PUBLIC
HEARING
Proposed Exemptions from
Real and Personal Property Taxation
By Designation
On Tuesday, December 7, 2010, at
6:00 P.M. in the Council Chamber on
the second floor of the City Hall
building, Municipal Center, Virginia
Beach, Virginia, the City Council of
the City of Virginia Beach will hold a
Public Hearing on ordinances to
exempt the following entities from
local real and/or personal property
taxes:
I. AMM[la-Pembroke Lfttjg_Waglje.
Tangible Personal Property
Assessment: $0.00
Tangible Personal Property Taxes
Due: $0.00
Real Estate Property Assessment
$491,000.00
Real Estate Property Taxes Due:
$4,369.90
2. ORPHANetwork
Tangible Personal Property
Assessment: $1,910.00
Tangible Personal Property Taxes
Due: $70.68
Real Estate Property Assessment
$0.00
Real Estate Property Taxes Due:
$0.00
3. T.D. Edwards Foundation
Tangible Personal Property
Assessment: $698.80
Tangible Personal Property Taxes
Due: $25.86
Real Estate Property Assessment
$0.00
Real Estate Property Taxes Due:
$0.00
Copies of the proposed ordinances
are on file in the office of the City
Clerk. All interested persons are
welcome to appear at the hearing
and present their views on the
Proposed exemptions. Individuals
desiring to provide written comments
may do so by contacting the City
Clerk's office at 385-4303. If you are
physically disabled or visually
impaired and need assistance at this
meeting, please call 385-4303;
hearing impaired, call Virginia Relay
at 1-800-828-1120. (y/
Ruth Hodges Fraser, My��J
City Clerk /"
Beacon Nov. 28, 2010
I. CONSENT AGENDA
J. ORDINANCES/RESOLUTIONS
1. Ordinances to EXEMPT Real and Personal Property Taxes
a. Aragona-Pembroke Little League, Inc
b. ORPHANetwork
c. T.D. Edwards Foundation
2. Ordinance to MODIFY a $5 -Million interest-free loan to the Virginia Beach Rescue Squad for
the purchase of a new ambulance for Rescue Station 14
3. Resolution to AUTHORIZE issuance of Virginia Beach Development Authority (VBDA)
Industrial Development Revenue Bonds in the amount of $30 -Million for LifeNet Health
4. Resolution to AUTHORIZE a City Council Policy re a change of use for Mobile Home Parks
5. Resolution to ADD a request for enabling legislation to the 2011 Legislative Agenda to abate
Business, Professional and Occupational License (BPOL) taxes during the first two license years
of a business
6. Resolution to RECOGNIZE Human Rights and Diversity by providing a welcoming and
protective environment in Virginia Beach
r Nu s
Y5
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinances Designating Organizations as Being Exempt from Local Real and
Personal Property Taxation
MEETING DATE: December 7, 2010
■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that
property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or
public park and playground purposes may be exempted from taxation by classification or
designation by an ordinance adopted by the local governing body. Prior to January 1, 2003,
such exemptions could only be granted by the General Assembly.
Section 58.1-3651 of the Virginia Code sets forth the process for designating specific
organizations as being exempt from local taxation, and a list of factors for the local governing
body to consider is set forth. They are:
1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the
Internal Revenue Code of 1954;
2. Whether a current annual alcoholic beverage license for serving alcoholic
beverages has been issued by the Virginia Alcoholic Beverage Control Board to
such organization, for use on such property;
3. Whether any director, officer, or employee of the organization is paid
compensation in excess of a reasonable allowance for salaries or other
compensation for personal services which such director, officer, or employee
actually renders;
4. Whether any part of the net earnings of such organization inures to the benefit of
any individual, and whether any significant portion of the service provided by
such organization is generated by funds received from donations, contributions,
or local, state or federal grants;
5. Whether the organization provides services for the common good of the public;
6. Whether a substantial part of the activities of the organization involves carrying
on propaganda, or otherwise attempting to influence legislation and whether the
organization participates in, or intervenes in, any political campaign on behalf of
any candidate for public office;
7. The revenue impact to the locality and its taxpayers of exempting the property;
and
8. Any other criteria, facts and circumstances that the governing body deems
pertinent to the adoption of such ordinance.
The City Council adopted a revised policy regarding applications for Tax Exemption by
Designation on May 6, 2008 (attached).
■ Considerations: The Commissioner of Revenue has received three applications in this
reporting period. The Commissioner has reviewed each application.
The Commissioner finds the following applicant qualify for exemption from real and personal
property taxes:
• Arag ona-Pem broke Little League Inc.
The Commissioner finds the following applicants qualify for exemption from personal property
taxes:
• The ORPHANetwork
• T.D. Edwards Foundation
■ Public Information: A public hearing for these items will be held on December 7, 2010
at the Council Formal Session. An advertisement for the public hearing appeared in the Beacon
more than five days prior to that hearing as required by statute. Also, these items will be
advertised in the normal Council Agenda Process.
■ Attachments: Three Ordinances, City Council Policy Regarding Applications for Tax
Exemption by Designation, Commissioner of Revenue Letter, Commissioner of Revenue
Summary for Each Application
Recommended Action: Approval of Ordinances for: Aragona-Pem broke Little League, Inc.;
The ORPHANetwork; T.D. Edwards Foundation.
Submitting Department/Agency: Commissioner of the Revenue
City Manager:
• B
1 AN ORDINANCE TO DESIGNATE ARAGONA-
2 PEMBROKE LITTLE LEAGUE INC. AS BEING
3 EXEMPT FROM LOCAL REAL AND PERSONAL
4 PROPERTY TAXATION
5
g 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 Aragona-Pembroke
9 Little League Inc.
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
15 Aragona-Pembroke Little League Inc. 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 Aragona-Pembroke Little League Inc.
19 located within the City of Virginia Beach that is used exclusively for charitable purposes on
20 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 Aragona-Pembroke Little League Inc. for
25 exclusively charitable purposes;
26
27 (b) that each July 1, Aragona-Pembroke Little League Inc. 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, Aragona-Pem broke Little
33 League Inc. shall file an exemption application with the Commissioner of the
34 Revenue as a requirement for retention of the exempt status of the property;
35 and
36
37 (d) that Aragona-Pembroke Little League Inc. 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, 2011.
Adopted by the Council of the City of Virginia Beach, Virginia, on the _'" day of
2010.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
L'1J 4 L - :......
Commissi ne the Revenue
CA11593
R-2
November 16, 2010
APPROVED AS TO LEGAL
SUFFICIENCY:
ey's Office
ENTITY NAME
Aragona Pembroke Little League Inc.
T/A Aragona Pembroke Little League
595 De Laura Lane
Virginia Beach, VA 23455
Website
1-ittp://www.eteamz.com/AragonaPembroke/
SUMMARY OF NONPROFIT BUSINESS ACTIVITY
Aragona Pembroke is one of the oldest little leagues in the City of Virginia Beach, with 50 years of
service to the youth of our community. Children age 4 through 18 learn the fundamentals of teamwork,
discipline, character, loyalty and how to have fun. This league offers tee ball, softball, baseball, and
Challenger divisions in both the spring and the fall.
TAX IMPACT
Business Property: Assessment: None
Tax: None
Personal Property Assessment: None
Tax None
Real Property
595 De Laura Lane Assessment: $ 491,000.00
Tax: $4,369.90
RELEVANT INFORMATION
IRS Granted 501 (c) 3 status — January 12, 1998
1 AN ORDINANCE TO DESIGNATE THE
2 ORPHANETWORK 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 ORPHANetwork.
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 ORPHANetwork 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 ORPHANetwork 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 ORPHANetwork for exclusively charitable
23 purposes;
24
25 (b) that each July 1, ORPHANetwork 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, ORPHANetwork 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 ORPHANetwork 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, 2011.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
December, 2010.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
6 a AJL-----W
-pk-.q
Commissioner oNKe Revenue
CA11744
R-1
November 9, 2010
APPROVED AS TO LEGAL
SUFFICIENCY:
I f
ity e s Office
ENTITY NAME
ORPHANetwork
1500 N. Great Neck Road
Virginia Beach, VA 23454
Website: http://www.orphanetwork.ora
SUMMARY OF NONPROFIT BUSINESS ACTIVITY
ORPHANetwork is a 501(c)(3) organization with a mission of helping orphaned and vulnerable children.
Today, ORPHANetwork partners with orphanages, community outreach programs, and feeding center
projects. They have also developed relationships with other Nicaraguan organizations who demonstrate
their heart for vulnerable children through running Christian -based orphanages. The Network creates
programs to help kids transition from orphanages into the world as successful adults who have the
training, education and a foundation in the Christian faith to fulfill their potential in their communities
and beyond.
The mission of ORPHANetwork is simply to: Rescue abandoned children; Prevent at -risk children from
being abandoned; Create the opportunity for a new life; Share Christ with everyone.
TAXIMPACT
Business Property: Assessment: $1910.00
Tax: $70.68
Personal Property Assessment: None
Tax
Real Property Assessment: None
Tax
RELEVANT INFORMATION
IRS Granted 501(c) —3status — March 7, 2002
2
3
4
5
6
7
8
9
10
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13
14
15
16
17
18
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38
AN ORDINANCE TO DESIGNATE T.D. EDWARDS
FOUNDATION AS BEING EXEMPT FROM LOCAL
PERSONAL PROPERTY TAXATION
WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local personal property taxes to T.D. Edwards Foundation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates T.D.
Edwards Foundation as a charitable organization within the context of § 6(a)(6) of Article X
of the Constitution of Virginia.
2. That personal property owned by T.D. Edwards Foundation located within the
City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis
is hereby exempt from local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property T.D. Edwards Foundation for exclusively
charitable purposes;
(b) that each July 1, T.D. Edwards Foundation shall file with the Commissioner
of the Revenue a copy of its most recent federal income tax return, or, if no
such return is required, it shall certify its continuing tax exempt status to the
Commissioner of the Revenue;
(c) that every three years, beginning on July 1, 2012, T.D. Edwards Foundation
shall file an exemption application with the Commissioner of the Revenue as
a requirement for retention of the exempt status of the property; and
(d) that T.D. Edwards Foundation cooperate fully with the Commissioner of the
Revenue with respect to audit of its financial records, compliance with the
terms of this ordinance.
4. That the effective date of this exemption shall be January 1, 2011.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
December, 2010.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
Commissioner he 4Reve-n—iuue-
CAl 174
R-1
November 9, 2010
APPROVED AS TO LEGAL
SUFFICIENCY:
y rney's Office
ENTITY NAME
T. D. Edwards Foundation (TDEF)
803 Mission Ave
Virginia Beach, VA 23462
Website
http•//tdedwardsfoundation.org/
SUMMARY OF NONPROFIT BUSINESS ACTIVITY
Mission Statement:
To inspire young lives of today to be great achievers of tomorrow through empowerment resources and
enrichment programs that reinforces positive social, emotional, and cognitive experiences in life.
The foundation provides free open -education tools and resources in a virtual environment though the
TDEF website, Peer -to -Peer University, and Secondlife.com. All available resources can be viewed on
screen or downloaded at no cost. Existing topics include faith based initiatives, social economical
improvement, family, relationship, and entrepreneurship.
The TDEF has recently started a new pilot project called "Mat Ambassadors Club". The wrestling club
targets a variety of youth with diverse backgrounds such as those who reside in underserved communities
or inexperienced youth who are unfamiliar with the sport. The program allows children to burn off extra
energy, shed a few pounds if needed; and interact with other children in a positive environment and a
"different crowd" for a while. The club meets at the Greenbrier Family YMCA. Through collaborative
efforts, members are also able to participate along with other youth in the Great Neck Wrestling Club,
Beach Boyz Wrestling Club, and Mat Rats Wrestling Club, which are all located in Virginia Beach. More
information can be found at htto://www eteamz com/mat-ambassadors/
TAX IMPACT —
Business Property: Assessment: $698.80
Tax: $25.86
Personal Property Assessment: None
Tax
Real Property Assessment: None
Tax:
RELEVANT INFORMATION
IRS Granted 501 (c) 3 status November 6, 2006
Philip I. Kellam
Commissioner
November 9, 2010
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
Dear Mayor and Council Members:
VBgov.com/cor
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 applications'.
The Commissioner's Office has received 4 applications in this reporting period. The following applicants qualify for
exemption from personal property taxes:
Orphanetwork
T. D. Edwards Foundation
After reviewing each application and meeting with representatives of the applicants, I can report the following
applicants qualify for exemption from real property taxes:
Aragona Pembroke Little League Inc
I am available if you have questions or concerns regarding the recommendations
Sincerely,
• s
PhiliFJ.ellam at., WP
Commissioner of the enue
Enclosures
Code of Virginia 58.1-3651
ORD -27981
ORD -3009K
O daina�l Proposal
�' i of+' -- "• .oma` •• •` CityCouncil Policy
Title: 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 exclusively for religious, charitable, patriotic,
historical, benevolent, cultural, or public park and playground purposes. However, as provided
in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the
property.
2.0 Poli
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:
r
tle: 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
I. Organizations applying for exemption must request a determination from the Commissioner
of the Revenue as to whether the organization is or may be tax-exempt by classification,
pursuant to Article 2 (§58.1-3606 et seq.) of°Article 3 (§58.1-3609 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
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 Clerk to ensure that the applications
are properly advertised and placed on the City Council's agenda for a public hearing and
formal consideration.
4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia
Code §58.1-3651, 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.
Tide: City Ccuncil Policy Regarding Applications for Tax Exemption by
Designation
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 tan, ble personal property.
6.0 5ptdfic 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.
r
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Modify the $5,000,000 Interest-free Loan to the Virginia Beach
Rescue Squad
MEETING DATE: December 7, 2010
■ Background: The ten volunteer rescue squads in the City of Virginia Beach
provide invaluable services to our community. The volunteer rescue squads own all the
ambulances providing 911 emergency medical transportation services in the City of
Virginia Beach. The volunteer rescue squads receive no direct tax funding for their
operating costs to provide these services and do not charge their patients for the
medical treatment and/or transportation rendered. The primary source of revenue for
the volunteer rescue squads is through squad fund drives, conducted annually.
In September 2007, the City Council approved a $5 million interest-free loan ("Loan") to
the Virginia Beach Rescue Squad, Inc. ("Rescue Squad") for the design and
construction of a new building. The Rescue Squad is current on this obligation. It
seeks a modification of the Loan terms to allow Rescue . 14 to purchase a new
ambulance. Thus, instead of continuing to pay the Loan as previously authorized and
asking for a separate loan for the purchase of the ambulance, the Rescue Squad seeks
a reduction in the current year payment from $500,000 to $250,000. The $250,000 not
paid in the current year will be added as an additional, final -year payment.
■ Considerations: The requested modification of the Loan between the City and
the Rescue Squad does not change the amount of the loan. Rather, the modification
changes the payment schedule. The City has historically provided no interest loans to
the volunteer rescue squads servicing the City's citizens. The majority of these loans
have been to provide capital for the acquisition of replacement ambulances, which is the
purpose of this modification.
■ Public Information: Information will be provided by the regular Council agenda
notification process.
■ Attachments: Ordinance; Amendment to the Promissory Note
REQUESTED BY MAYOR SESSOMS
1 AN ORDINANCE
2 INTEREST-FREE
3 RESCUE SQUAD
4
TO MODIFY THE $5,000,000
LOAN TO THE VIRGINIA BEACH
5 WHEREAS, the City of Virginia Beach approved a loan of $5,000,000 to the Virginia
6 Beach Rescue Squad, Inc. ("Rescue Squad") on September 4, 2007 for the design and
7 construction of a new building; and
8
9 WHEREAS, the Rescue Squad gave the City a promissory note ("Note"), dated
10 September 5, 2007, in the amount of $5,000,000; and
11
12 WHEREAS, the City and the Rescue Squad desire to modify the payment due on
13 September 5, 2011, add an additional payment of $250,000 to be paid on or before
14 September 5, 2018, and change the "Maturity Date," as that term is defined in the Note, to
15 September 5, 2018.
16
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19
20 That, subsequent to execution of same by the Rescue Squad, the City Manager or
21 his designee is authorized and directed to execute an amendment to the Note to change the
22 payment due on September 5, 2011, to add a payment due on September 5, 2018, and to
23 change the "Maturity Date" of the Note.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2010.
Approved as to Content:
JJJ k) rj,,�(/Z.—
'Emerg
Medical Services
Approved as to Legal Sufficiency:
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CA 11753
R-1
November 29, 2010
Approved as to Content:
Management Services
AMENDMENT TO PROMISSORY NOTE BETWEEN
THE CITY OF VIRGINIA BEACH
AND
THE VIRGINIA BEACH RESCUE SQUAD, INC.
Whereas, the City of Virginia Beach received a promissory note ("Note") from the
Virginia Beach Rescue Squad, Inc., dated, September 5, 2007, in the amount of $5,000,000; and
Whereas, the City of Virginia Beach and the Virginia Beach Rescue Squad, Inc. desire to
modify the Note as provided herein;
NOW, THEREFORE, the Note is hereby modified as follows:
1. Payment on principal shall amended to provide:
On or before September 5, 2008 - $500,000
On or before September 5, 2009 - $500,000
On or before September 5, 2010 - $500,000
On or before September 5, 2011 - $390,000 250,000
On or before September 5, 2012 -'$500,000
On or before September 5, 2013 - $500,000
On or before September 5, 2014 - $500,000
On or before September 5, 2015 - $500,000
On or before September 5, 2016 - $500,000
On or before September 5, 2017 - $500,000
On or before SeeDtember 5 2018 - $250,000
2. The "Maturity Date" shall be September 5, 2018.
3. All other terms and conditions of the Note shall remain as provided in the Note.
WITNESS the following signature.
VIRGINIA BEACH RESCUE SQUAD, INC.
Title:
Date:
CITY OF VIRGINIA BEACH, VIRGINIA
City Manager or designee Date:
APPROVED AS TO CONTENT:
Title: - at
ni v Date:
APPROVED AS TO LEGAL SUFFICIENCY:
- 12�-
)Pate:
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Resolution of the City Council Approving the Issuance of the City of
Virginia Beach Development Authority $30,000,000 Industrial
Development Revenue and Refunding Bonds (LifeNet Health Project),
Series 2010
MEETING DATE: December 7, 2010
■ Background:
The City of Virginia Beach Development Authority (the "Authority") has considered
the application of LifeNet Health (the "Company"), requesting the issuance by the
Authority of its industrial development revenue and refunding bonds in an amount
not to exceed $30,000,000 (the "Bonds"), to assist in refunding the Authority's 2004
Bonds and providing the acquisition, construction and equipping of a new high
technology science building adjacent to the Company's existing headquarters
located at 1864 Concert Drive in the City of Virginia Beach.
■ Considerations:
The matter comes before Council for its approval pursuant to §15.2-4906 of the
Code of Virginia, which requires the municipality on whose behalf the bonds of an
authority are issued to either approve or disapprove any financing recommended by
a development authority within sixty (60) days of the date of the authority's public
hearing. The Authority's public hearing was held on November 16, 2010.
The Company is a Virginia non -stock, non-profit corporation engaged in scientific
and medical research and development. The Company's principal place of
business is in the City of Virginia Beach.
■ Public Information:
The request was duly advertised for a public hearing before the Authority in
accordance with the requirements of §15.2-4906 of the Virginia Code.
■ Recommendation: Approval
■ Attachments: Resolution of City of Virginia Beach City Council
Location Map
VBDA Submission to Council
Affidavit of Publication & Notice
Notice of Public Hearing
Record of Public Hearing
Development Authority's Resolution
Disclosure Statement
Authority's Statement
Fiscal Impact Statement
Summary Sheet
Letter from Department of Economic Development
Recommended Action: Approval /
Submitting Department/ Agency: Ec nomic Development
p ent
City Manag
\\vbgov.com\DFSI\Applications\CityI Pr cycom321Wpdocs\D018\P009',00080542.DOC
I RESOLUTION OF THE CITY COUNCIL
2 APPROVING THE ISSUANCE OF THE CITY OF
3 VIRGINIA BEACH DEVELOPMENT AUTHORITY
AL
4 REVENUE AND REFUNDING NG BONDS (O
PMENT
5 L FENET
6 HEALTH PROJECT), SERIES 2010
i
g WHEREAS, the City of Virginia Beach Development Authority (the "Authority"),
9 has considered the application of LifeNet Health (the "Company") for the issuance of the
10 Authority's industrial development revenue and refunding bonds in an amount not to
11 exceed $30,000,000 (the "Bonds") to assist the Company in financing (A) the
12 acquisition, construction and equipping of a new high technology science building for
13 research and development and diagnostic testing, containing two floors and no less
14 than 40,000 square feet, together with related site work and parking on a 6.53 acre
15 parcel located adjacent and contiguous to the Company's primary place of business
16 located at 1864 Concert Drive, Virginia Beach, Virginia 23453 (the "Existing Facility")
17 (collectively, the "Project"), (B) the current refunding of the outstanding principal balance
18 of the Authority's Variable Rate Demand Revenue Bonds (LifeNet Project), Series 2004
19 (the "2004 Bonds") which were issued to finance the Existing Facility (the "Refunding")
20 and (C) the costs of issuance of the Bonds (collectively, the "Plan of Finance"); and
21
22 WHEREAS, pursuant to Chapter 49, Title 15.2 of the Code of Virginia of 1950, as
23 amended (the "Act"), a copy of the Authority's Resolution approving the issuance of the
24 Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the
25 comments expressed at the public hearing, if any, have been filed with the City Council
26 of the City of Virginia Beach, Virginia.
27
28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
29 Virginia Beach, Virginia:
30
31 1. The City Council of the City of Virginia Beach approves the issuance of
32 the Bonds by the City of Virginia Beach Development Authority, in a principal amount
33 not to exceed $30,000,000 to carry out the Plan of Finance.
34
35 2. The approval of the issuance of the Bonds, as required by Section 147(f)
36 of the Internal Revenue Code of 1986, as amended, does not constitute an
37 endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to the
38 Act, the Bonds shall provide that neither the City nor the Authority shall be obligated to
39 pay the bonds or the interest thereon or other costs incident thereto except from the
40 revenues and moneys pledged therefore, and neither the faith or credit nor the taxing
41 power of the Commonwealth, the City or the Authority shall be pledged thereto.
42
43 3. In approving the resolution, the City Council of the City of Virginia Beach,
44 Virginia including its elected representatives, officers, employees and agents, shall not
45 be liable and hereby disclaims all liability for any damages to any person, direct or
46
47
48
49
50
51
52
consequential, resulting from the Authority's failure to issue Bonds for the Plan of
Finance for any reason.
This Resolution shall take effect immediately upon its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2010.
APPROVED AS TO CONTENT.
Economic Development
CA -11669
\\vbgov.com\DFS1\ Applications\CityLawProd\cycom32\Wpdocs\D023\P009\00081050.DOC
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November 23, 2010
APPROVED AS TO LEGAL
SUFFICIENCY -
City Attorney's Office
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VIRGINIA BEACH
DEVELOPMENT AUTHORITY
November 23, 2010
The Honorable William D. Sessoms, Jr., Mayor
Members of City Council
Municipal Center
Virginia Beach, Virginia 23456
Re: LifeNet Health Industrial Development Revenue and Refunding Bonds
Dear Mayor Sessoms and Members of Council:
We submit the following in connection with the request of LifeNet Health's application
for the issuance of industrial development revenue and refunding bonds in the amount of
$30,000,000 for the project located at 1864 Concert Drive, Virginia Beach, Virginia.
1. Evidence of publication of notice of hearing is attached as Exhibit A, and a summary of
the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach
Development Authority's (the "Authority's") resolution recommending Council's approval is
attached as Exhibit C.
2. The Disclosure Statement is attached as Exhibit D.
3. The statement of the Authority's reasons for its approval of the issuance of the bonds as a
benefit for the City of Virginia Beach and its recommendation that the City Council approve the
bonds described above is attached as Exhibit E.
4. The Fiscal Impact Statement is attached as Exhibit F.
5. A summary sheet setting forth the type of issue, and identifying the project and the
principals of the applicant is attached as Exhibit G.
6. A letter from the Department of Economic Development commenting on the project is
attached as Exhibit H.
JWR/AWS
Enclosures
222 Central Park Avenue, Suite 1000 0 Virginia Beach, Virginia 23462 • ph 757.385.6464 or 800.989.4567 0 fax 757.499.9894
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Exhibit B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
$30,000,000 Industrial Development Revenue and Refunding Bonds (LifeNet Health
Project), Series 2010
The Chairman of the City of Virginia Beach Development Authority (the "Authority")
announced the commencement of a public hearing at 8:30 a.m. on November 16, 2010 at the
offices of the Authority on the request of LifeNet Health (the "Company"), and that a notice of
the hearing was published once a week for two consecutive weeks in a newspaper having general
circulation in Virginia Beach, Virginia, the first publication being not less than fourteen (14)
days prior to the hearing and the second publication being not less than six (6) days and not more
than twenty-one (21) days prior to the hearing. The Chairman indicated that a copy of the notice
and a certificate of publication of such notice have been filed with the records of the Authority.
The following individuals appeared before the Authority:
Gordon Berkstresser, Chief Financial Officer of LifeNet Health
William W. Harrison, Jr. of the law firm of Williams Mullen, Bond
Counsel
Mr. Harrison gave a brief description of the Plan of Finance (below defined). He
described the application and plan of financing of the Company, whose principal place of
business is located at 1864 Concert Drive, Virginia Beach, VA 23453, for the issuance of the
Authority's Industrial Development Revenue and Refunding Bonds (LifeNet Health Project),
Series 2010 (the "Bonds") pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended
and supplemented by the Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49
of the Code of Virginia of 1950, as amended (the "Act"), in an amount not to exceed
$30,000,000 to assist the Company in financing (A) the acquisition, construction and equipping
of a new high technology science building for research and development and diagnostic testing,
containing two floors and no less than 40,000 square feet, together with related site work and
parking on a 6.53 acre parcel located adjacent and contiguous to the Company's existing facility
(the "Existing Facility") at 1864 Concert Drive in Virginia Beach, Virginia (collectively, the
"Project"), (B) the current refunding of the outstanding principal balance of the Authority's
Variable Rate Demand Revenue Bonds (LifeNet Project), Series 2004 (the "2004 Bonds") (the
"Refunding") and (C) the costs of issuance of the Bonds (collectively, the "Plan of Finance").
Mr. Harrison and Mr. Berkstresser answered various questions of the members of the
Authority.
No other persons appeared to address the Authority, and the Chairman closed the public
hearing.
The Authority hereby recommends that the City of Virginia Beach City Council (the
"Council") approve the issuance of the Authority's Bonds in an amount not to exceed
$30,000,000 and hereby transmits the Fiscal Impact Statement to the Council, and asks that this
recommendation be received at its next regular or special meeting at which this matter can be
properly placed on the Council's agenda for hearing.
7971163 2.DOC
Exhibit C
RESOLUTION OF INTENT
OF
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
WHEREAS, LifeNet Health, a Virginia non-profit, non -stock and non-member
corporation (the "Company"), which is exempt from federal income taxation as a charitable
organization pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended,
has applied to the City of Virginia Beach Development Authority (the "Authority') for the
issuance of the Authority's revenue and refunding bonds (the "Bonds") in order to finance (A)
the acquisition, construction and equipping of a new high technology science building for
research and development and diagnostic testing, containing rivo floors and no less than 40,000
square feet, together with related site work and parking on a 6.53 acre parcel located adjacent
and contiguous to the Company's existing facility (the "Existing Facility") at 1864 Concert
Drive in Virginia Beach, Virginia (collectively, the "Project"), (B) the current refunding of the
outstanding principal balance of the Authority's Variable Rate Demand Revenue Bonds (LifeNet
Project), Series 2004 (the "2004 Bonds") (the "Refunding") and (C) the costs of issuance of the
Bonds (collectively, the "Plan of Finance"); and
WHEREAS, the Company, in its application, discussions and appearance before
the Authority has described the benefits of the Plan of Finance to the City of Virginia Beach,
Virginia (the "City") and the Authority; and
WHEREAS, the Company has requested the Authority to agree to issue the Bonds
in, an amount now estimated at $30,000,000.00 (the "Bonds") to achieve the Plan of Finance; and
WHEREAS, the Authority is empowered to issue and sell bonds, lend the
proceeds of such bonds, and acquire, own, lease, and dispose of properties, and is vested with all
powers necessary to enable it to accomplish its purposes, which purposes and powers are
enumerated in Chapter 643 of the Acts of Assembly of 1964, as amended and supplemented bV
the Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Code of
Virginia of 1950, as amended (the "Act"); and
WHEREAS, a public hearing with respect to the Plan of Finance and the issuance
of the Bonds has been held on November 16, 2010, as required by Section 147(f) of the Internal
Revenue Code of 1986, as amended (the "Code"), and by Section 15.2-4906 of the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA
BEACH DEVELOPMENT AUTHORITY THAT:
1. The Authority finds that (i) the acquisition, construction, equipping and operation
of the Project will increase annual employment, stimulate the local economy and increase the tax
base, (ii) providing financing for the Project will be in the public interest and will benefit the
inhabitants of the City and the Commonwealth of Virginia, (iii) providing financing for the
Refunding will be in the public interest and will benefit the inhabitants of the City and the
Commonwealth of Virginia and (iv) the issuance of the Bonds will be consistent with the
purposes of the Act and the powers of the Authority.
2. To assist the Company with respect to the Plan of Finance, the Authority agrees to
undertake the issuance of the Bonds in an amount not to exceed 530,000,000.00 on teens and
conditions to be mutually agreed on between the Authority and the Company. The proceeds from
the sale of the Bonds will be loaned to the Company pursuant to a loan agreement and related
documents which will provide payments to the Authority sufficient to pay the principal of and
premium, if any, and interest on the Bonds and to pay all other expenses in connection with the Plan
of Finance. The Bonds will be issued in form and pursuant to terns to be set by the Authority, and
the payment of the Bonds shall be secured by, among other collateral, an assignment, for the benefit
2
of the holders of the Bonds, of the Authority's rights to payments under such loan agreement and
will be additionally secured by a deed of trust on the Project and the Existing Facility.
3. It having been represented to the Authority that it is necessary to proceed
immediately with the acquisition, construction and equipping of the Project and the Refunding, the
Authority hereby agrees that the Company may proceed with the Plan of Finance, enter into
contracts for the acquisition, construction and equipping of the Project and take such other steps as
it may deem appropriate in connection with the Plan of Finance, provided that nothing herein shall
be deemed to authorize the Company to obligate the Authority without its consent in each instance
to the payment of any monies or the performance of any acts in connection with the Plan of
Finance. The Authority further agrees that the Company may be reimbursed from the proceeds of
the Bonds for all lawful costs so incurred by it prior to the adoption of these resolutions.
4. The Authority hereby agrees to the recommendation of the Company that Williams
N. Julien, a professional corporation, Virginia Beach, Virginia, be appointed as bond counsel and
hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds.
5. The Authority hereby agrees, if requested, to accept the recommendation of the
Company with respect to the selection of a purchaser for the Bonds or the appointment of a
placement agent or underwriter for the sale of the Bonds and a remarketing agent for the
remarketing of the Bonds pursuant to terms to be mutually agreed on.
6. All lawful costs and expenses in connection with the Plan of Finance, the
acquisition, construction and equipping of the Project, and the Refunding including the fees and
expenses of the Authority, counsel for the Authority, bond counsel, the purchaser of the Bonds, the
placement agent or underwriter for the sale of the Bonds, the trustee for the Trust Indenture, any
letter of credit issuer, counsel for any letter of credit issuer, and the remarketing agent for the
remarketing of the Bonds, shall be paid from the proceeds of the Bonds or by the Company. If for
any reason such Bonds are not issued, or such Bonds are issued but it is determined that a part or all
of such costs are not lawfully payable out of Bond proceeds, it is understood that all such expenses
shall be paid by the Company and that the Authority shall have no responsibility therefore.
7. In adopting this Resolution, the Authority intends to declare "official intent" toward
the issuance of the Bonds within the meaning of regulations issued by the Internal Revenue Service
pursuant to Sections 103 and 141-1.50 of the Code, including Section 1.150-2 of such regulations.
8. The Authority hereby recommends that the City Council for the City approve the
issuance of the Bonds and hereby directs the Chair or Vice -Chair to submit to the City Council for
the City the statement in the form prescribed by Section 15.2-4907 of the Act, a reasonably detailed
summary of the comments expressed at the public hearing required by Section 15.2-4906 of the Act,
and a copy of this Resolution.
9. This Resolution will take effect immediately on its adoption.
The undersigned hereby certifies that the above Resolution was duly adopted by the
Commissioners of the City of Virginia Beach Development Authority at a meeting duly called at
which a quorum was present and acting throughout on November 16, 2010, and that such
Resolution is in full force and effect on the date hereof.
Date: V��\\o , 2010
#79574_-17 v1 - Resolution of Intent
El
Secretary, City o�7igi Beach
Development Authority
Exhibit D
DISCLOSURE STATEMENT
Date: November 23, 2010
Applicant: LifeNet Health ("LifeNet Health") and any subsidiaries
All Owners:
(If different from Applicant): None
Type of Application: $30,000,000 City of Virginia Beach Development Authority
Industrial Development Revenue and Refunding Bond (LifeNet
Health Project), Series 2010 (the "Bond") for assistance in
financing (A) the acquisition, construction and equipping of a new
high technology science building for research and development and
diagnostic testing, containing two floors and no less than 40,000
square feet, together with related site work and parking on a 6.53
acre parcel located adjacent and contiguous to LifeNet Health's
primary place of business located at 1864 Concert Drive, Virginia
Beach, Virginia 23453 (the "Existing Facility")(collectively, the
"Project"), (B) the current refunding of the outstanding principal
balance of the City of Virginia Beach Development Authority's
Variable Rate Demand Revenue Bonds (LifeNet Project), Series
2004 (the "2004 Bonds") which were issued to finance the Existing
Facility (the "Refunding") and (C) the costs of issuance of the Bond
(collectiveiv. the "Plan of Finance-)
1, The Applicant is a nonstock, nonprofit Virginia corporation.
2. The Applicant is the owner of the Existing Facility and the Project.
The current officers and trustees of Applicant are listed on the attached Exhibit A.
LIFENET HEALTH
William W. Ifarrison, Jr
Bond Counsel
12513b22v2
EXHIBIT A
List of Officers and Directors
LifeNet Health
s
�,4 et ini e. a.K
Saving Lives, Restoring Health
2020 Board of Directors
CHAIRMAN
John M. Herre, M.D., F.A.C.C.
Surgeon
Cardiology Consultants
Norfolk, VA
VICE CHAIRMAN
Gerald M. Bowers, D.D.S., M.S.
Diplomate / Retired
American Board of Periodontology
Pasadena, MD
John Cardea, M.D.
Professor and Chair Emeritus
Department of Orthopaedic Surgery
Virginia Commonwealth University Medical Center
Richmond, VA
Lenneal J. Henderson, Jr., PhD.
Distinguished Professor
School of Public Affairs
University of Baltimore
Baltimore, MD
Roseann Runte, PhD
President & Vice Chancellor
Carleton University
Ottawa, Ontario, Canada
Honorable Norman Olitsky
Retired Circuit Judge
Commonwealth of Virginia
Norfolk, VA
James H. Oury, MD, FACC, FACS
Surgeon
The Rushmore Heart Institute
Rapid City, SD
Tim Pruett, M.D., F.A.C.S.
Transplant Surgeon
Clinical Chair & Chief,
Division of Transplantation
University of Minnesota
Minneapolis, MN
Lee Riley, III, M.D.
Associate Professor / Division Chief Spine
Department of Orthopaedic Surgery
John Hopkins Hospital
Baltimore, MD
Rony Thomas, M.S., MBA*
President and CEO
LifeNet Health
Virginia Beach, VA
William Jiranek, M.D.
Professor of Orthopaedic Surgery, CORPORATE SECRETARY*
VCU Health System (VCUHS) Gordon Berkstresser
Richmond, VA Chief Financial Officer
LifeNet Health
Ann Lange, R.N.
Retired
Virginia Beach, VA
* Officer(s) of the Corporations
Exhibit E
(M!!!!W1
VIRGINIA BEACH71
DEVELOPMENT AUTHORITY
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
$30,000,000 INDUSTRIAL DEVELOPMENT REVENUE AND REFUNDING BONDS
(LIFENET HEALTH PROJECT) SERIES 2010
The City of Virginia Beach Development Authority (the "Authority") recommends approval
of the above -captioned financing. LifeNet Health's facilities continue to promote industry,
commerce and trade within the City of Virginia Beach. Financing provided by the Authority will
allow the refunding of a previous bond issue and provide for the acquisition, construction and
equipping of a new high technology science building to remain current in meeting new market
demands for its services, maintain its substantial employment census, increase its revenues and
add to the City's economic tax base.
222 Central Park Avenue, Suite 1000 0 Virginia Beach, Virginia 23462 • ph 757.385.6464 or 800.989.4567 • fox 757.499.9894
Exhibit F
FISCAL IMPACT STATEMENT FOR BOND ISSUE SUBMITTED TO THE CITY OF
VIRGINIA BEACH DEVELOPMENT AUTHORITY
The undersigned applicant, to permit the Chairman of the City of Virginia Beach Development
Authority to submit the following information in compliance with Section 15.2-4907, Code of Virginia of
1950, states:
Name of Applicant: LIFENET HEALTH
Project: LifeNet Health Facility at 1864 Concert Drive, Virginia Beach, VA
1.
Maximum amount of fmaucing sought
$3t)_C91000.0
2.
Estimated taxable value of the facility's real property
$3�`
to be constructed in the City of Virginia Beach
3.
Estimated real property tax per Year using present tax rates
26 0Q0
4.
Estimated personal property tax per year using present tax rates
5.
Estimated machinery and tools tax per year using present tax rates
6. a.
Estimated dollar value per year of goods that will be
8 ltK) Opo
purchased from Virginia companies within the locality
b.
Estimated dollar value per year of goods that will
be purchased from non -Virginia companies within the locality
pscludcYi }'�
ba above
c.
Estimated dollar value per year of services that
$ 935.000
will be purchased from Virginia companies within the locality
d.
Estimated dollar value per year of services that will
be purchased from non -Virginia companies within the locality
included in Gc
$�__----
above
7.
Estimated number of regular employees on year round basis
467
8.
Average annual salary per employee
$ 59.000
LIFF,N
APPROVED.
797120D l DOC
CITY OF VIRGINIA BEACH
Exhibit G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE AND REFUNDING BOND
1. PROJECT NAME:
LifeNet Health Project
LOCATION: 1864 Concert Drive
Virginia Beach, Virginia 23453
3. DESCRIPTION OF PROJECT: (A) the acquisition, construction and equipping of a
new high technology science building for research and development and diagnostic testing,
containing two floors and no less than 40,000 square feet, together with related site work
and parking on a 6.53 acre parcel located adjacent and contiguous to LifeNet Health's
primary place of business located at 1864 Concert Drive, Virginia Beach, Virginia 23453
(the "Existing Facility")(collectively, the "Project"), (B) the current refunding of the
outstanding principal balance of the City of Virginia Beach Development Authority's
Variable Rate Demand Revenue Bonds (LifeNet Project), Series 2004 (the "2004 Bonds")
which were issued to finance the Existing Facility (the "Refunding") and (C) the costs of
issuance of the Bond (collectively, the "Plan of Finance")
4. AMOUNT OF BOND ISSUE: $30,000,000
5. PRINCIPALS: LifeNet Health ("LifeNet Health") and subsidiaries
6. ZONING CLASSIFICATION:
a.
107
125124x2v1
Present zoning classification: Conditional I-1 Light Industrial
Is rezoning required: Yes No X
If so, to what zoning classification:
Exhibit H
VIRGINIA
BEACH
Mr. John W. Richardson
Chair
Virginia Beach Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
Depar,Mi;mt of
Economic Development
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757)385-6464
FAX (757) 499-9894
Website: www.vbgov.com
E-mail: ecdev@vbgov.com
November 24, 2010
Re: LifeNet Health Revenue and Refunding Bonds
Dear John:
The Department of Economic Development concurs with the issuance of revenue
and refunding bonds in an amount not to exceed $30,000,000 for LifeNet Health. The
issuance of these bonds by the Authority will be in the public interest, will benefit the
inhabitants of the City of Virginia Beach through the promotion of their safety, health,
welfare, convenience of prosperity and will provide a public benefit to the City by,
among other things, promoting research and development of medical technologies.
These funds are to be utilized primarily to finance the cost of refunding the
Authority's 2004 Bonds and for funding the acquisition, construction and equipping of a
new medical 40,000 square foot high technology science building for the research and
development of diagnostic testing.
I will be happy to answer any questions you may have at our next meeting.
Sincerely,
Mark R. Wawner
Project Development Coordinator
MRW/AWS
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Resolution to Adopt a City Council Policy on the Change of Use of Mobile Home
Parks
MEETING DATE: December 7, 2010
■ Background: Ten mobile home parks are located wholly or partially within
Virginia Beach. Approximately 1,400 households own mobile homes and live within
those parks, renting sites for their homes. Attachment 1 lists existing mobile home
parks in Virginia Beach and key information about them.
During the past two years, Strategic Growth Area plans have been adopted that call for
the eventual change of use of five (5) of these mobile home parks which together house
approximately 914 of the 1,400 total mobile homes in the city, or nearly two-thirds of all
homes.
The impact of a change of use on mobile home park residents is significant, and could
be compounded over time as parks are redeveloped in accordance with the city's
adopted plans. Residents will most likely not be able to move mobile homes that they
own, due to the physical condition of the home and/or policies of other mobile home
parks; or will not be able to find a location to move their home to except one which is
very distant from their current location. This means moving away from schools, family
members and employment. Relocation itself, even when possible, often costs $5,000 or
more.
Therefore, to address the hardships that current city residents may face when their
mobile home park is redeveloped, it is recommended that Council adopt a policy that
asks owners, sellers or buyers who plan to change the use of mobile home parks and
who need Council approval to do so, to address three key issues that can help
ameliorate the hardship of residents who need to relocate. These issues are: length of
time given between notification and actual relocation; availability of ongoing and
accurate information to residents that helps them plan more effectively; and actions to
address the financial hardship of residents. The complete policy proposal is included in
Attachment /1, Proposed City Council Policy on the Change of Use of Mobile Home
Parks.
■ Considerations: The proposed policy does not impose requirements on new
development, but provides guidance and context for Council members to discuss these
issues with developers and residents and allow them to be aired in an organized
fashion. It will also provide some basis for current residents to understand that these
issues will be discussed publicly, and to have input on them.
Recently a mobile home park located primarily in the City of Chesapeake was under
consideration for redevelopment. The City of Chesapeake is considering a similar set of
issues as a result of that proposed development. Adoption of a policy by both cities
would provide a "level playing field" without disadvantaging developers or the cities. In
addition, without such a policy, neither developers nor Council will have clear
expectations of what can or should be done, and any response will likely be reactive
and less effective.
■ Public Information: Prior to consideration of this policy, Council was briefed in
public session on November 9th, 2010.
■ Recommendation: Approval of the attached resolution to adopt the policy.
■ Attachments: Resolution; Attachment land 2
Submitting Department/Agenc�
Preservation
City Manager:
rtment of Housing and Neighborhood
1 A RESOLUTION TO ADOPT A POLICY CONCERNING THE
2 CHANGE OF USE OF MOBILE HOME PARKS
3
4 WHEREAS, ten (10) mobile home parks, in which approximately one thousand,
5 four hundred (1,400) households own mobile homes and rent sites for their homes, are
6 located wholly or partially within the City of Virginia Beach; and
7
8 WHEREAS, during the past two years, Strategic Growth Area (SGA) plans have
9 been adopted that call for the eventual change of use of five (5) of these mobile home
10 parks, which together house approximately nine hundred (900) of the total number of
11 mobile homes in the City; and
12
13 WHEREAS, two other parks, having a total of more than 100 homes, have been
14 the subject of discussions about development potential of the property on which they
15 are located; and
16
17 WHEREAS, the impact on mobile home park residents of a change of use is
18 significant, and could be compounded over time as more and more parks are
19 redeveloped; and
20
21 WHEREAS, most of the residents living in mobile home parks that are
22 redeveloped will be unable to move mobile homes that they own, due to the physical
23 condition of the home and/or policies of other mobile home parks, or will not be able to
24 find a new mobile home site other than one which is very from their current location,
25 thereby requiring moving away from schools, family members and employment; and
26
27 WHEREAS, even when relocation is possible, the cost thereof often exceeds five
28 thousand dollars ($5,000); and
29
30 WHEREAS, it is the sense of the City Council that the City should have a policy
31 of requesting owners, sellers or buyers who need City Council approval for a proposed
32 change of use of a mobile home park to address the key issues arising from such
33 redevelopment in such manner as to help ameliorate the hardship of residents who
34 must to relocate from their mobile home parks;
35
36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
37 VIRGINIA BEACH, VIRGINIA:
38
39 That the attached City Council policy entitled "Change in Use of Mobile Home
40 Parks," dated August 16, 2010, is hereby adopted and shall apply to all proposals for a
41 change in use or redevelopment of a mobile home park or manufactured home park that
42 require discretionary development approval of the City Council in the form of a rezoning,
43 conditional zoning, conditional use permit or street closure.
44
45
46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
47 of , 2010.
Approved as to content:
Dept. o ousing a d Neighborhood
Preservation
CA -11577
R-2
November 4, 2010
41
Approved as to legal sufficiency:
City Attorney's Office
Attachment 1
Mobile Home Parks in Virginia Beach — 4/30/10
Disclaimer —Number of Homes has not been recently verified
(a)Providence MH Park is located mostly in Chesapeake, with a sin a parce m
Va. Beach.
(b) .25 acres and approx. 10 mobile homes are for the land area in Virginia Beach
only
Zoning
Category
Location
Acres
Est. #
of
Homes
In
High
Noise
In
Accident
Potential
In
Strategic
Growth
Name
Zone?
Zone?
Area?
::B-3:
4873
Cleveland
0.77
9
No
No
Pembroke
Aragona
Court
St.
A-12
5000
4.21
28
No
No
Pembroke
Bonney View
Bonney
Rd.
A-12
1241
Baker Rd.
16.59
138
No
No
Burton
Station
Colonial Run
A-12
913 VB
Blvd
33.41
266
Yes —
mostly
No
Resort
Area
Colony
70db+,
some
75+
A-12
109
Holland
59.74
473
No
No
Pembroke
Countyview
Rd
AG -2
4053 West
Neck Rd
4
17
No
No
No
Daydream
A-12
1231
Derby Run
44.93
279
Yes —
all
75db+
Yes-
small
portion in
No
Derby Run
APZ-1
B-2
1152 VB
Blvd
11.33
99
Yes —
all
Yes -All
either
No
Murphy's
75db+
APZ-1 or
2
Oconee
A-12
340
Tomahawk
7.75
67
Yes —
all
No
No
Trail
75db+
Providence(a)
A-12
1100S.
.25(b)
10
No
No
No
Mlitary
Hwy
TOTAL
182.99
1 1,386
11 1
(a)Providence MH Park is located mostly in Chesapeake, with a sin a parce m
Va. Beach.
(b) .25 acres and approx. 10 mobile homes are for the land area in Virginia Beach
only
City
�P OIIR NPt\ON5 CouncilPolicy
Title: Change in Use of Mobile Home Parks
Date of Adoption: December 7,I Dates of Revisions:
2010
1.0 Purpose and Need
Purpose: It is the purpose of this policy to provide guidelines for and define expectations of
property owners who propose to redevelop or change the use of existing mobile home parks
within the City of Virginia Beach.
Need: This policy is needed for three reasons:
1) Hardship: Because redevelopment or change of use of mobile home parks imposes a special
and often severe hardship on mobile home park residents. This hardship is understood as
follows:
➢ There is a declining number of mobile home parks in the south Hampton Roads region.
Therefore, with each new closure, the possibility that an owner of a mobile home has no
alternative location to move their home to grows greater.
➢ Due to the age of and condition of some mobile homes, some either cannot physically be
moved; or available parks will not accept them to be moved in, thus further limiting the
options for moving.
➢ Therefore, if a family owns a mobile home and cannot move it, they may lose the capital
invested in it, often a substantial amount and/or the main investment of that family. This
is a severe financial hardship.
➢ For those few who can move their mobile home, the move is expensive, often $5,000 or
more. In addition, due to the lack of available parks in the region, this can mean moving
out of the area and away from employment and family.
➢ For all others, the only alternative is to obtain rental housing. However, the monthly cost
of most available rental housing is hundreds of dollars higher than the monthly cost of
renting a mobile home site. This is then a second severe financial burden imposed upon
residents.
2) Homelessness: This policy is needed because the city is committed to ending homelessness
via the Council's adoption of the Ten Year Plan to End Homelessness, and the change of use of a
mobile home park may cause households to either be on the brink of homelessness or to actually
become homeless.
3) SGA Plans: This policy is needed because City Council has adopted plans for strategic
growth areas that call for the eventual change in use of existing mobile home parks.SGA plans
for Burton Station/Northampton and Pembroke, and the Resort Area Master Plan all envision
new uses of existing mobile home parks.
2.0 Policy
1) Notification
Residents of mobile home parks should be provided timely, sufficient and clear notice regarding
an impending change of land use at the earliest possible time, consistent with applicable state
law. While it is understood that changes of use involving sale of property may be conditional
upon city approvals, residents must still receive conditional notification of a possible change of
use. Written notification to all affected residents six months prior to the date on which the
notified person must leave the premises is the minimum required under state law and to meet this
guideline. Additional time is preferable.
2) Ongoing Liaison and the Provision of Information
A key ingredient of a more successful change of use, and a key way to help residents cope with
that change, is the provision of a contact person and information resources available to residents
on an ongoing, weekly basis, which will do the following:
➢ Be available to answer questions and speak with residents on a regular, weekly basis so
that residents learn about changes in plans and opportunities to relocate, and so that
rumors can be heard and addressed.
➢ Be a central point of contact for city and non-profit agencies to distribute information and
coordinate the provision of services or assistance.
➢ Coordinate activities related to the movement of mobile homes out of the park.
3) Reduction of Financial Hardship
A change in use of a mobile home park may inflict a financial hardship on residents. Various
methods of ameliorating this hardship should be explored and the most appropriate one(s)
chosen. Possibilities include:
➢ Not collecting rents for several months to allow residents to accumulate their own funds
for moving and future rent costs.
➢ Providing a stipend to each household
➢ Providing financial incentives to help people relocate
Any of the above can be combined with a timeline that incentivizes people to make early choices
to relocate.
4) Overall
Owners and/or purchasers should seek to address the specific needs of the households in their
parks, with appropriate measures consistent with this policy.
5) Applicability
This policy applies to mobile home or manufactured home parks which meet the Virginia code
definition, as follows:
"Manufactured home park" means a parcel of land under single or common ownership
2
upon which ten or more manufactured homes are located on a continual, non -recreational
basis together with any structure, equipment, road or facility intended for use incidental
to the occupancy of the manufactured homes, but shall not include premises used solely
for storage or display of uninhabited manufactured homes, or premises occupied solely
by a landowner and members of his family.
3.0 Procedures to Accomplish Policy
It is the responsibility of the Planning Director as follows:
a) to insure that, upon receipt of a proposal for the change of use of a mobile home park,
that the proposer is provided with a copy of this policy and to provide the opportunity to
discuss it with the staff, including designated staff from the Department of Housing and
Neighborhood Preservation.
b) to insure that any response by the proposer to the proposed policy received in writing
by the Planning Department is included in the Planning staff's recommendations to the
Planning commission and council
c) To insure that any proffers made by the proposer relating to this policy are
communicated to the Department of Housing and Neighborhood Preservation and that an
agreement regarding determining compliance with such proffers is developed and carried
out.
4.0 Responsibility and Authority
The Planning Director and the Director of Housing and Neighborhood Preservation are
responsible for the procedures outlined in Section 3.0 above.
3
1A B
f2o +Zj
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Supplementing the 2011 Legislative Agenda by Adding a Proposal
for Legislation Regarding Business License Tax Incentives for Small Businesses
ReceTwr neTF• ni=r.Pmher 7. 2010
■ Background: The Business, Professional and Occupational License (BPOL or
Business License) Tax is a tax on the gross receipts of a business operating within the
City. The BPOL tax is a privilege tax, and unlike a property tax, which is constrained by
the Virginia Constitution with regard to uniformity, the uniformity requirement for the
BPOL tax is statutory. Thus, the General Assembly has greater flexibility regarding the
manner and timing by which localities assess and collect BPOL taxes.
Because the BPOL tax is imposed upon gross receipts, it is assessed upon businesses
that are both profitable and unprofitable. Paying the BPOL tax is particularly difficult
during the business's infancy; a time when the business is least likely to make a profit.
Thus, the City would like to have a mechanism to lessen the burden of BPOL taxation
during a business's first two years.
■ Considerations: City Council adopted the City's 2011 Legislative Agenda on
October 12, 2010. The attached resolution would supplement the Legislative Agenda
by adding a request for enabling legislation to allow the City to enact an ordinance to
provide business license tax abatements for a business' first two license years. By
reducing the tax burden on new businesses, the City desires to incentivize job creation,
encourage entrepreneurialism, and bring business to the City.
Public Information: Key stakeholders in this issue have been consulted. The
normal Council agenda process will provide additional public information.
■ Attachments: Resolution
Recommended Action: Adoption
Requested by Councilmember Wilson
REQUESTED BY COUNCILMEMBER WILSON
1 A RESOLUTION SUPPLEMENTING THE 2011
2 LEGISLATIVE AGENDA BY ADDING A
3 PROPOSAL FOR LEGISLATION REGARDING
4 BUSINESS LICENSE TAX INCENTIVES FOR
5 SMALL BUSINESSES
6
7 WHEREAS, on October 12, 2010, the City Council adopted its 2011 Legislative
8 Agenda and requested that members of the City's local Delegation to the General
9 Assembly sponsor and/or support legislation therein; and
10
11 WHEREAS, state legislation is needed to provide authority for the City to
12 incentivize small business through the reduction of business license taxes for new
13 businesses, but a request for such legislation is not currently part of the 2011
14 Legislative Agenda;
15
16 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18
19 That the City Council hereby amends its 2011 Legislative Agenda by adding the
20 attached request for legislation regarding small business incentives.
21
22 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
23 BEACH, VIRGINIA:
24
25 That the City Clerk is hereby directed to transmit a copy of this Resolution and
26 the attachment to each member of the City's Delegation to the General Assembly.
Adopted by the City Council of the City of Virginia Beach, Virginia, this
day of , 2010.
APPROVED TO CONTENT AND
LEGAL SUFFICIENCY:
s Office
CAI 1751
R-1
November 24, 2010
Business License Tax Incentive for New Small Businesses
Councilmember Wilson
Background
The Business, Professional, and Occupational License (BPOL) Tax is a gross receipts tax. The City
levies BPOL taxes upon those businesses operating within the City based upon the authority
provided by Chapter 37 of the Virginia Tax Code (Title 58.1 of the Code of Virginia).
For businesses with gross receipts that are less than $100,000, the business pays a flat license fee to
the City. The license fee for businesses with gross receipts of less than $25,000 is $40. The license
fee for businesses with gross receipts between $25,001 and $100,000 is $50. For businesses with
gross receipts above $100,000, the tax is based upon a rate applied to the company's gross receipts.
The state law provides four general classifications and the maximum rate for each. The
classifications and rates are:
• For contracting, sixteen cents per $100 of gross receipts;
• For retail sales, twenty cents per $100 of gross receipts;
• For financial, real estate and professional services, fifty-eight cents per $100 of gross
receipts; and
• For repair, personal and business services, and all other businesses and occupations not
specifically listed or excepted by law, thirty-six cents per $100 of gross receipts.
Assuming a business has $1,000,000 in gross receipts, the BPOL tax would be $1600 for a
contracting business, $2000 for a retail sales business, $5800 for financial, real estate and
professional service, or $3600 for repair, personal and business services.
The BPOL tax is a privilege tax, and unlike a property tax, which is constrained by the Virginia
Constitution with regard to uniformity, the uniformity requirement for the BPOL tax is statutory.
Thus, the General Assembly has greater flexibility regarding the manner and timing by which
localities assess and collect BPOL taxes. One example is the flat fee for businesses with gross
receipts below a specified dollar amount discussed above.
As a tax on gross receipts, the BPOL tax is imposed upon a business regardless of whether the
business makes a profit. For a new business, the first years often entail capital investment, personnel
development, and establishing a customer base. Paying the BPOL tax is particularly difficult during
the business's infancy; a time when the business is least likely to make a profit. Thus, the City would
like to have a mechanism to lessen the burden of BPOL taxation during a business's first two years.
With this request for enabling legislation, the City desires to incentivize job creation, encourage
entrepreneurialism, and bring business to the City.
Request
The City requests the General Assembly provide enabling authority for a locality to enact an
ordinance providing a rebate, exemption, or alternative mechanism for the abatement of BPOL taxes
paid by a business for the first two license years. The ordinance will provide the amount of relief,
which may be all or a portion of the BPOL taxes. Additionally, the ordinance will provide the extent
and duration of the; incentive as well as any conditions or limitations upon the incentive.
RESOLUTION
A &.solution to &cognize ouman PI' hts in Virginia Beach
u}fEpgAS. the City of Virginia Beach recognizes its rich history and our indigenous
heritage populations,
%J}{tE AS: the first immigrants to our nation landed on the shores of Virginia Beach in
1607, andour City is proudof its historic heritage;
%jaUgS: the City of Virginia Beach appreciates that our nation was founded 6y
immigrants, some who came here voluntarily and some who were brought here against their will;
E AS: immigrants have made important contributions to our nation's culture and our
City's diversity, and constitute an important part of our community;
gMAS. the City of Virginia Beach has historically supported policies that prohibit
discrimination 6ased on race, color, ethnicity, sex age, marital status, national origin, religion, seXual
orientation, and dua6iCty;
ryilj{tE AS: the military is our City's largest employer, and the diversity of the military has
contributed richly to the diversity of our community;
%Wq1 UAS. tourism is an important part of Virginia Beach's economy, and is made possible
by the City's acceptance of all cultures and diverse baclgrounds.
NO`W, gMgtETOqtE, BE ITWOLVEtD, that the Virginia Beach City Council hereby
recognizes that in Ctght of these andfuture contributions, the City of Virginia Beach strives to
continue to provide an environment that is welcoming and protects the human rights of all in our
community.
Given under our hands andseals this 7th day of December, 2010.
Council(Laddy R' S e Bellitto
Coun n Wiffiam R "Bi ' �DeSteph
izg-
Councilman [A,o6ert 9K "Bob"(Dyer
Vice 961ayorLouis nes
Council Lady Rpsen(ofy `Wilson 10 i
9YWayor
J-/1
Councilman Glenn avis nn
Councilman ny (Die
Council dy Barbara 7! ley
�5�
Co Liman John E. Vhrin
Cou cif Ir L. Wood
(D. "Wia Sessoms
K. PLANNING
2. Application of ST. ANDREWS UNITED METHODIST CHURCH for Modification of
Conditions (approved 6/10/68) to allow three additions at 717 Tucson Road (DISTRICT 2 —
KEMPSVILLE)
RECOMMENDATION
APPROVAL
3. Application of EAGLE AUCTION, INC. D/B/A TIDEWATER AUTO
AUCTION/EAGLE HOLDINGS, LLC for Modification of Condition No. 5 and ADDING
No. 7 (approved 11/14/06) re lighting and fixtures at 656 S. Military Highway (DISTRICT 7
— PRINCESS ANNE)
RECOMMENDATION
APPROVAL
4. Application of ZION TEMPLE MINISTRIES COGIC for a Conditional Use Permit re a
church at 4992-1 Euclid Road (DISTRICT 2 — KEMPSVILLE)
RECOMMENDATION
APPROVAL
Application of VIBRANT FUNDING, LLC for a Conditional Use Permit re an
Automobile Museum to display British sports cars at 410 18th Street (DISTRICT 6 —
BEACH)
RECOMMENDATION
APPROVAL
6. Application of EDEN VENTURES, LLC for a Conditional Use Permit re a bar and
nightclub at 313 32"d Street (DISTRICT 6 — BEACH)
RECOMMENDATION - STAFF
PLANNING COMMISSION
APPROVAL
UNDECIDED
7. Resolution of FIRST LANDING FOUNDATION to AUTHORIZE five (5) Roadside
Guide Signs along Shore Drive, Atlantic Avenue, 21St, 25th and 83`d Streets (DISTRICT 5 —
LYNNHAVEN and DISTRICT 6 — BEACH)
RECOMMENDATION
APPROVAL
NOTICE OF PUBLIC
HEARING
Virginia Beach City Council will meet
in the Chamber at City Hall,
Municipal Center, 2401 Courthouse
Drive, Tuesday, December 7, 2010,
at 6:00 p.m. The following
applications will be heard:
LYNNHAVEN AND BEACH DISTRICTS
First Landing Foundation Application:
Allow five (5) Roadside Guide Signs
to be located in the public right-of-
way along Shore Drive and Atlantic
Avenue in accordance with Section
211.1 of the City Zoning Ordinance.
KEMPSVILLE DISTRICT
Trustees of St. Andrews United
Methodist Church Application:
Modification of Coaciltigo Use Permit
at 717 Tucson Road (GPIN
1476156882).
Zion Temple Ministries COGIC
Application: Conditional Use P rmit
for a church at 4992-1 Euclid Road
(GPIN 1477039719).
BEACH DISTRICT
Vibrant Funding, LLC Application:
Conditional Use Permit for an
automobile museum at 410 18th
Street (GPIN 2427076018).
Eden Ventures, L.L.C. Application:
Conditional Use Permit for a
bar/nightclub at 313 32^" Street
(GPIN 2418928642).
PRINCESS ANNE DISTRICT
Eagle Auction, Inc. D/B/A Tidewater
Auto Auction/Eagle Holdings, LLC
Application: Modification of
n i i n (approved by City Council
on November 14, 2006) at 656 S.
Military Highway (GPIN
1456450664;1456376863).
All interested citizens are invited to
attend.
Ruth Hodges Fraser, MMC
City Clerk
Copies of the proposed ordinances,
resolutions and amendments are on
file and may be examined in the
Department of Planning or online at
Iran //wwwybg v comp For
information call 385-4621.
If you are physically disabled or
visually impaired and need
assistance at this meeting, please
call the CITY CLERKS OFFICE at 385-
4303.
Beacon Nov. 21 & 28, 2010
21959021
�U 4,.. P$
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: TRUSTEES OF ST. ANDREWS UNITED METHODIST CHURCH, Modification
of Condition Use Permit, 717 Tucson Road (GPIN 1476156882).KEMPSVILLE
DISTRICT
MEETING DATE: December 7, 2010
■ Background:
The applicant is requesting to construct three small additions to the existing
church building.
The Conditional Use Permit permitting a church was approved by the City
Council on June 10, 1968. The Conditional Use Permit has no conditions;
however, a site plan was submitted with the request approved in 1968. The
submitted site plan depicted the location of the proposed sanctuary, educational
buildings, and parking. Section 221 (a) of the City Zoning Ordinance requires
"The application shall be accompanied by a plan showing the actual dimensions
and shape of the lot, the exact sizes and locations on the lot of existing buildings,
if any, the general location of proposed buildings, if any, and the existing and
proposed uses of structures and open areas; and by such additional information
relating to topography, access, and surrounding land uses". The Planning
Department's policy requires a modification to a conditional use permit if
proposed construction, additions, and or alterations are not in keeping with the
approved conditional use permit site plan. The proposed additions to the church,
while minimal, exceed the approved footprint of the plan approved by the City
Council in 1968, thus the reason for the request.
The submitted site plan depicts three additions proposed for the building. A 30 -
foot by 50 -foot addition, to be used as the choir room, is proposed, as well as an
18 -foot by 20 -foot addition in a small courtyard area on the north side of the
church. A 30 -foot by 12 -foot canopy and improved entrance to the church is
proposed along the south side of the building. The building elevations depict the
proposed additions are in keeping with the scale and design of the existing
building.
■ Considerations:
The request to construct three small additions to the existing church building is
consistent with the Comprehensive Plan's policies for the Suburban Area. Design
guidelines to incorporate these policies in development proposals in the
Trustees of St. Andrews United Methodist Church
Page 2of3
Suburban Area are presented in the 'Special Area Development Guidelines'
outlined in the Comprehensive Plan Reference Handbook. These guidelines
include specific site design, screening, landscaping, and lighting guidance for
non-residential uses in the Suburban Area that protect and complement the
visual quality, overall function, and integrity of existing neighboring properties and
community.
Applying these guidelines to this application, the proposals to add a choir room,
upgrade to the south entrance, and extend the canopy blends well with the
existing church complex, are complimentary to the streetscape, and reflect
appropriate height, scale, and mass between the building environment and the
adjacent residential area and uses. Building colors of the additions complement
the surrounding environment and reinforce the compatibility of the building
additions. Visual interest of the additions is provided through door details, varied
rooflines, consistent textures, and color.
Staff recommends approval of this requested modification, as conditioned below.
There was no opposition to the request.
■ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 11-0, to recommend approval of this request to the
City Council with the following conditions:
1. The proposed additions to the building shall be substantial in accordance with
the submitted Conditional Use Exhibit entitled "ST. ANDREW'S UNITED
METHODIST CHURCH", prepared by Patton, Harris Rust & Associates. Said
exhibit plan has been exhibited to the Virginia Beach City Council and is on file in
the Planning Department.
2. The proposed additions to the building shall be substantial in accordance with
the submitted elevations entitled "ST. ANDREW'S UNITED METHODIST
CHURCH", prepared by Ionic DeZign Studios. Said elevations has been
exhibited to the Virginia Beach City Council and is on file in the Planning
Department
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Trustees of St. Andrews United Methodist Church
Page 3 of 3
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager -r '
KEMPSULL.E
Mal) E -s
Trustees of St. Andrews
wvo HwRVon or condhions
K
November 10, 2010 Public Hearing
APPLICANT AND PROPERTY
OWNER:
TRUSTEES OF ST.
ANDREWS UNITED
METHODIST
CHURCH
REQUEST:
STAFF PLANNER: Faith Christie
Modification of a Conditional Use Permit for a church — approved by the City Council on June 10, 1968
ADDRESS / DESCRIPTION: 717 Tucson Road
GPIN:
14761568820000
ELECTION DISTRICT:
SITE SIZE:
AICUZ:
KEMPSVILLE
73,487 square feet
Less than 65 dB DNL
SUMMARY OF REQUEST
The applicant is requesting to construct three small additions to the existing church building.
The Conditional Use Permit permitting a church was approved by the City Council on June 10, 1968. The
Conditional Use Permit has no conditions; however, a site plan was submitted with the request approved
in 1968. The submitted site plan depicted the location of the proposed sanctuary, educational buildings,
and parking. Section 221 (a) of the City Zoning Ordinance requires "The application shall be
accompanied by a plan showing the actual dimensions and shape of the lot, the exact sizes and locations
on the lot of existing buildings, if any, the general location of proposed buildings, if any, and the existing
and proposed uses of structures and open areas; and by such additional information relating to
topography, access, and surrounding land uses". The Planning Department's policy requires a
modification to a conditional use permit if proposed construction, additions, and or alterations are not in
keeping with the approved conditional use permit site plan. The proposed additions to the church, while
TRUSTEES OF ST
ANDREWS UNITED METHODIST CHURCH
Agenda I#eim _3
Page , l
minimal, exceed the approved footprint of the plan approved by the City Council in 1968, thus the reason
for the request.
The submitted site plan depicts three additions proposed for the building. A 30 -foot by 50 -foot addition, to
be used as the choir room, is proposed, as well as an 18 -foot by 20 -foot addition in a small courtyard area
on the north side of the church. A 30 -foot by 12 -foot canopy and improved entrance to the church is
proposed along the south side of the building. The building elevations depict the proposed additions are
in keeping with the scale and design of the existing building.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: A church, associated parking and landscaping exist on the site.
SURROUNDING LAND North: . Kempsville Greens Golf Course / P-1 Preservation
USE AND ZONING: South: • Tucson Road
Across Tucson Road is a church / R-10 Residential
East: . Single-family dwellings/ R-10 Residential
West: . Princess Anne Road
• Across Princess Anne Road are single-family dwellings/ R-10
Residential
NATURAL RESOURCE AND There are no natural resources or cultural features associated with the
CULTURAL FEATURES: site.
COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being in the Suburban Area. The
general planning principles for the Suburban Area focus on preserving and protecting the overall character,
economic value, and aesthetic quality of stable neighborhoods. Furthermore, the Comprehensive Plan
reinforces the suburban characteristics of non-residential areas within the Suburban Area. This is
accomplished by providing a high quality and attractiveness of site and buildings, being environmentally
responsible and compatible with residential uses through buffering with respect to the type, size, and intensity
of the proposed use.
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM CIP : Princess Anne
Road in front of this request is a four -lane divided minor urban arterial. The Master Transportation Plan
proposes a divided facility with bikeway within a 120 foot right-of-way. Currently, this segment of roadway is
functioning over capacity at a LOS F. Tucson Road on the south side of this request is a two-lane undivided
collector / local street. There are no roadways Capital Improvement Program projects are slated for these
segments of roadways.
TRUSTEES OF ST. ANDREWS UNITED METHODIST CHURCH
Agenda Item 3
Page 2
Although the proposed trip generation numbers have increased due to the increased square footage, the
overall trips will most likely not change because additional sanctuary seats are not proposed. The expansion is
for a choir room and entrance modifications, which does not increase the membership of the church.
T
Street Name
Princess Anne
Road
Present
Volume
30,707 ADT
Present Capacity I Generated Traffic
27,400 ADT 'Existing Land Use— 738
ADT
Proposed Land Use 3— 784
ADT
zAverage Daily Trips
as defined by a 22,402 square foot church
3 as defined by 24,829 square foot church
311 Peak Hour VehirlPc
WATER and SEWER: The site is connected to City water and sewer.
EVALUATION AND RECOMMENDATION
The request to construct three small additions to the existing church building is consistent with the
Comprehensive Plan's policies for the Suburban Area. Design guidelines to incorporate these policies in
development proposals in the Suburban Area are presented in the 'Special Area Development
Guidelines' outlined in the Comprehensive Plan Reference Handbook. These guidelines include specific
site design, screening, landscaping, and lighting guidance for non-residential uses in the Suburban Area
that protect and complement the visual quality, overall function, and integrity of existing neighboring
properties and community.
Applying these guidelines to this application, the proposals to add a choir room, upgrade to the south
entrance, and extend the canopy blends well with the existing church complex, are complimentary to the
streetscape, and reflect appropriate height, scale, and mass between the building environment and the
adjacent residential area and uses. Building colors of the additions complement the surrounding
environment and reinforce the compatibility of the building additions. Visual interest of the additions is
provided through door details, varied rooflines, consistent textures, and color.
Staff recommends approval of this requested modification, as conditioned below.
CONDITIONS
The proposed additions to the building shall be substantial in accordance with the submitted
Conditional Use Exhibit entitled "ST. ANDREW'S UNITED METHODIST CHURCH", prepared by
Patton, Harris Rust & Associates. Said exhibit plan has been exhibited to the Virginia Beach City
TRUSTEES OF ST. ANDREWS
UNITED METHODIST CF
Agenda
I
JRCH
Item -3
'age 3
Council and is on file in the Planning Department.
2. The proposed additions to the building shall be substantial in accordance with the submitted
elevations entitled "ST. ANDREW'S UNITED METHODIST CHURCH", prepared by Ionic DeZign
Studios. Said elevations has been exhibited to the Virginia Beach City Council and is on file in the
Planning Department
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning / Development Services Center and
Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
TRUSTEES OF ST
TRUSTEES OF ST
AERIAL OF SITE LOCATION'
ANDREWS UNITED METHODIST CHURCH
Agenda Item -3
Page 5
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Agenda Item 3
Page 9
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'oning with Condidons;Proffers Modification of Conditions
There is no zoning activity to report for the immediate area. The site was rezoned from
CL -3 Limited Commercial to RS -4 Residence Suburban in 1965. The church obtained a
Conditional Use Permit in 1968. The site was zoned R-5 Residential from 1973 to 1988.
It is currently zoned R-10 Residential.
ZONING HISTORY
TRUSTEES OF ST. ANDREWS UNITED METHODIST CHURCH
Agenda Item 3
Page 10
CJV:�o
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DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the applicant name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
Trustees of St. Andrews United Methodist Church: Sam Serman, Chairman of
Trustees; Linda McCurrdy, Dave Rawles, Curtis Hickman, Suzi Wyckoff, Steve
Draeger, Vicky Scheidt, Kevin Wood, Trustees
2. List all businesses that have a parent -subsidiary' or affiliated business entity,
relationship with the applicant: (Attach list if necessary)
❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
❑ Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& ` See next page for footnotes
Mod cation of Conditions Application
Page 10 of 11
Revised 9/1/2004
DISCLOSURE STATEMENT
TRUSTEES OF ST. ANDREWS UNITED METHODIST CHURCH
Agenda Item 3
Page 11
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list If necessary)
Sykes, Bourdon, Ahem & Levy, P.C. — Legal Services
Crenshaw Ware & Martin — Legal Services
PHR&A — Engineering
JD&W, Inc. — Construction
TowneBank — Financial
Ionic Dezign Studios —Architectural
1 "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va.
Code 6 2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
according to the instructions in this package.
St. Andre Uni Att dist h:
By; /, �¢-� Sam Serman, Chairman of
Applicants Sign ture Print Name Trustees
Property Owner's Signature (if different than applicant) Print Name
Modification of conditions Application
Page 11 of 11
Revised 9/1/21x14
DISCLOSURE ST
FEm,ENT
TRUSTEES OF ST. ANDREWS UNITED METHODIST CHURCH
Agenda Item 3
Page 12
Item #3
Trustees of St. Andrews United Methodist Church
Modification of Conditions
717 Tucson Road
District 2
Kempsville
November 10, 2010
CONSENT
An application of Trustees of St. Andrews United Methodist Church for a Modification of Conditions
approved by City Council on June 10, 1968 on property located at 717 Tucson Road, District 2,
Kempsville. GPIN: 14761568820000.
CONDITIONS
1. The proposed additions to the building shall be substantial in accordance with the submitted Conditional Use Exhibit
entitled "ST. ANDREW'S UNITED METHODIST CHURCH", prepared by Patton, Harris Rust & Associates. Said exhibit plan
has been exhibited to the Virginia Beach City Council and is on file in the Planning Department.
2. The proposed additions to the building shall be substantial in accordance with the submitted elevations entitled "ST.
ANDREW'S UNITED METHODIST CHURCH", prepared by Ionic Delign Studios. Said elevations has been exhibited to the
Virginia Beach City Council, and is on file in the Planning Department.
NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any
site plan submitted with this application may require revision during detailed site plan review to meet all applicable
City Codes and Standards. All applicable permits required by the City Code, including those administered by the
Department of Planning / Development Services Center and Department of Planning / Permits and Inspections
Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are
valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for
crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as
they pertain to this site.
AYE 10 NAY 0
ANDERSON
AYE
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRANGE
AYE
ABS 0 ABSENT 0
Item #3
Trustees of St. Andrews United Methodist Church
Page 2
By a vote of 11-0, the Board approved item 2, Trustees of St. Andrews United Methodist Church for
consent.
Eddie Bourdon appeared before the Board on behalf of the applicant.
-44 -
Item KIL 6.
PLANNING ITEM # 55802 (Continued)
6. No advertising banners, streamers, balloons, pennants, searchlights, or similar devices shall be
permitted on any vehicle or the site so as to attract attention to the site from Military Highway or the
surrounding area.
7. The hours for the auto auction facility shall be 8: 00 A.M. until 6:00 P.M.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of November Two
Thousand Six.
Voting: 7-3 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor
Louis R. Jones, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
Mayor Meyera E. Oberndorf, Barbara M. Henley and Reba S. McClanan
Council Members Absent:
James L. Wood
November 14, 2006
-43 -
Item
43 -
Item V.K.6.
PLANNING ITEM # 55802
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application ofELLMER PROPERTIES, LL. C. for a Conditional Use Permit. -
ORDINANCE UPON APPLICATION OF ELLMER PROPERTIES,
L.L.C. FORA CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE
.REPAIR GARAGE AND BULK STORAGE YARD R0110634185
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Ellmer Properties, L.L.C. for a
Conditional Use Permit for an automotive repair garage and bulk
storage yard on property located at 656 Military Highway (GPIN
'456376863). DISTRICT 2 — KEMPSVILLE
The following conditions shall be required:
1. The site shale' be developed and landscaped insubstantial conformance with the plan entitled,
"Conceptual Site Layout Plan for Priority Auto Center, "prepared by MSA, P. C., dated 05/04/06,
which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Planning Department.
2. All roadway ;smprovements presented in the report entitled, "Transportation Impact Assessment ,
Priority Auto Center, "prepared by Bryant B. Goodloe, P. C., and dated September 22, 2006, shall be
incorporated into the plans during final site plan submission to the Development Services Center.
These improvements include but are not limited to: extending the existing southbound left turn lane to
provide a minimum 300 foot storage and 200 foot taper (consequently, the northbound left turn lane
located north of the Priority Auto Center entrance must be closed and signed for No U -Turns in that
direction); th a radius for the Priority Auto Center entrance must be improved to accommodate WB -
50 vehicles; the existing Priority Auto Center entrance must have a minimum of two (2) exiting lanes
and two (2) entering lanes with appropriate pavement markings to delineate these lanes; a traffic
signal will be installed by the developer if and when the minimum warrants are met and approved by
Public Works / Traffic Engineering; and, at a specified point during site plan review, a traffic signal
bond, effectivs for five (5) years from build -out of the site, in the amount of $150, 000. 00, will be
required to cover the cost of a traffic signal.
3. No land disturbance or encroachment into Resource Protection Area shall be permitted without the
appropriate authorization and approval of the City of Virginia Beach Chesapeake Bay Preservation
Area Board and/or the City of Virginia Beach Chesapeake Bay Preservation Area staff.
4. No outdoor paging or loudspeaker system shall be permitted.
5. All outdoor li�,,hting shall be shielded to direct light and glare onto the premises; said lighting and
glare shall be deflected, shaded and focused away from adjoining property. Any outdoor lighting
fixtures in the bulk storage yard shall not be erected any higher than fourteen (14) feet. A
Photometric Lighting Plan shall be submitted during final site plan review for review and approval
by City staff.
November 14, 2006
go
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: EAGLE AUCTION, INC. D/B/A TIDEWATER AUTO AUCTION/EAGLE
HOLDINGS, LLC, Modification of Conditions, approved by City Council on
November 14, 2006, 656 S. Military Highway (GPIN 1456450664; 1456376863).
KEMPSVILLE DISTRICT.
MEETING DATE: December 7, 2010
■ Background:
A Conditional Use Permit was approved on this site by City Council in 2006 for
outdoor storage of motor vehicles and a 60,000 square foot vehicle repair body
shop. The project also included an indoor, wholesale auto auction facility of
80,000 square feet. The indoor auto auction can be operated by right under the
current 1-1 Light Industrial zoning. Condition 5 of the approval limited the height
of outdoor lighting to be no higher than 14 feet. According to the applicant's
consultant, Old Dominion Lighting, the submitted plan depicted 121 light poles
with a total of 490 lamps that would generate 149,259 watts of bright white light.
The applicant proposes to modify this condition for a plan with only 21 light poles,
all 39 feet high with the exception of 1 pole closest to the residential
neighborhood being only 30 feet high. The proposed 21 light poles will support
48 lamps that will generate 36,945 watts of yellowish, less glaring light. A minor
shift of the buildings is also proposed.
■ Considerations:
This site has always been an extremely challenging one. The Comprehensive
Plan calls for the eventual replacement of the existing "heavier" industrial uses
along Military Highway with uses that are more compatible with surrounding
residential neighborhoods. It is rare to find such a large piece of vacant property
zoned 1-1 Light Industrial District adjacent to residentially zoned properties. As
the 1-1 zoning is already in place, a variety of uses by right are permitted that
may be objectionable when located adjacent to a residential neighborhood. Staff
concluded in 2006 that of all of those permitted uses, one of the least intensive is
that of bulk storage of automobiles. With the adherence of the approved
conditions attached to the 2006 Conditional Use Permit, the operation should
prove to be a better neighbor to the residential area than a number of uses
allowed by -right on the site.
The conditions recommended with this modification mirror those approved in
2006 with the exception of the condition addressing outdoor lighting and a shift in
-LO1"s •�"••••"••.M10"•, Mod cation of Conditions
10
November 10, 2010 Public Hearing
APPLICANT:
EAGLE AUCTION,
INC. D/B/A
TIDEWATER AUTO
AUCTION
PROPERTY OWNER:
EAGLE HOLDINGS,
L.L.C.
STAFF PLANNER: Carolyn A.K. Smith
REQUEST:
Modification of a Conditional Use Permit for bulk storage — approved by the City Council on November 14,
2006.
ADDRESS / DESCRIPTION: 656 South Military Highway
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14564506640000 KEMPSVILLE 68 acres Less than 65 dB DNL
14563768630000
SUMMARY OF REQUEST
A Conditional Use Permit was approved on this site by City Council in 2006 for outdoor storage of motor
vehicles and a 60,000 square foot vehicle repair body shop. The project also included an indoor,
wholesale aub:) auction facility of 80,000 square feet. The indoor auto auction can be operated by right
under the current 1-1 Light Industrial zoning. Condition 5 of the approval limited the height of outdoor
lighting to be no higher than 14 feet. According to the applicant's consultant, Old Dominion Lighting, the
submitted plan depicted 121 light poles with a total of 490 lamps that would generate 149,259 watts of
bright white light. The applicant proposes to modify this condition for a plan with only 21 light poles, all 39
feet high with 'the exception of 1 pole closest to the residential neighborhood being only 30 feet high. The
proposed 21 light poles will support 48 lamps that will generate 36,945 watts of yellowish, less glaring
light. A minor shift of the buildings is also proposed.
EAGLE AUCTION, INC. D/B/A TIDEWATER AUTO AU
Agendal
TION
M10
ige 1
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Undeveloped vacant site
SURROUNDING LAND North:
. Elizabeth River, marsh
USE AND ZONING: South:
. Single family dwellings / R-10 Residential District
East:
. Gammon Road, ingress/egress to communication tower facility
• Single family dwellings, lake / R-10 Residential District
West:
. Military Highway
• Mixed light industrial uses, auto related uses / 1-1 Light
Industrial District, B-2 Community Business District
NATURAL RESOURCE AND
The site is located within the Chesapeake Bay watershed. The northern
CULTURAL FEATURES:
portion of the site is within the Resource Protection Area, the more
stringently regulation portion of the Chesapeake Bay Preservation Area.
No land disturbance is proposed within this sensitive area.
COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Focus
Area 8 - Military Highway Corridor.
CITY SERVICES
No additional impact to City services is anticipated with the modification.
EVALUATION AND RECOMMENDATION
This site has always been an extremely challenging one. The Comprehensive Plan calls for the eventual
replacement of the existing "heavier" industrial uses along Military Highway with uses that are more
compatible with surrounding residential neighborhoods. It is rare to find such a large piece of vacant
property zoned 1-1 Light Industrial District adjacent to residentially zoned properties. As the 1-1 zoning is
already in place, a variety of uses by right are permitted that may be objectionable when located adjacent
to a residential neighborhood. Staff concluded in 2006 that of all of those permitted uses, one of the least
intensive is that of bulk storage of automobiles. With the adherence of the approved conditions attached
to the 2006 Conditional Use Permit, the operation should prove to be a better neighbor to the residential
area than a number of uses allowed by -right on the site.
EAGLE AUCTION, INC. D/B/A TIDEWATER AUTO AUCTION
Agenda Item 10
Page 2
The conditions recommended with this modification mirror those approved in 2006 with the exception of
the condition addressing outdoor lighting and a shift in the proposed building locations. The applicant has
spent time with the surrounding property owners to explain the requests. According to the applicant's
consultant, Old Dominion Lighting, the revised lighting plan is much improved in terms of energy
consumption and light generation. The approved plan depicted 121 light poles with a total of 490 lamps
that would generate 149,259 watts. The lights were to be pulse start metal halite fixtures that emit a bright
white light. The revised proposal calls for only 20 light poles at 39 feet high and 1 pole at 30 feet high, the
pole closest to the residential neighborhood to the east. The proposed 21 light poles will support 48
lamps that will generate 36,945 watts. These high pressure sodium fixtures are purported to emit a
yellowish, less glaring light.
The applicant has worked with the neighborhood on this request to modify the lighting plan as the
potential for light pollution and negative impacts exists. The required buffering and screening will not
change from that approved in 2006 and includes category VI and II landscaping, berming and fencing.
Staff recommends approval of this request with the conditions below.
CONDITIONS
1. The site shall be developed and landscaped in substantial conformance with the plan entitled, "Layout
Plan for Tidewater Auto Auction," prepared by MSA, P.C., dated 07/09/10, which has been exhibited to
the Virginia Beach City Council and is on file with the Virginia Beach Planning Department.
2. All roadway improvements presented in the report entitled, "Transportation Impact Assessment,
Priority Auto Center," prepared by Bryant B. Goodloe, P.C., and dated September 22, 2006, shall be
incorporated into the plans during final site plan submission to the Development Services Center.
These improvements include but are not limited to: extending the existing southbound left turn lane to
provide a minimum 300 foot storage and 200 foot taper (consequently, the northbound left turn lane
locatetd north of the Priority Auto Center entrance must be closed and signed for No U -Turns in that
direction); the radius for the Priority Auto Center entrance must be improved to accommodate WB -50
vehicles; the existing Priority Auto Center entrance must have a minimum of two (2) exiting lanes and
two (2) entering lanes with appropriate pavement markings to delineate these lanes; a traffic signal will
be installed by the developer if and when the minimum warrants are met and approved by Public
Works / Traffic Engineering; and at a specified point during site plan review, a traffic signal bond,
effective for five (5) years from build out of the site, in the amount of $150,000.00, will be required to
cover the cost of a traffic signal.
3. No land disturbance or encroachment into Resource Protection Area shall be permitted without the
appropriate authorization and approval of the City of Virginia Beach Chesapeake Bay Preservation
Area Board and/or the City of Virginia Beach Chesapeake Bay Preservation Area staff.
4. No outdoor paging or loudspeaker system shall be permitted.
5. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare
shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in
the bulk storage yard shall be installed at heights and locations as depicted on the exhibit entitled
"Lighting Plan, Tidewater Auto Auction," prepared by Old Dominion Lighting Associates, dated
EAGLE AUCTION, INC. D/B/A TIDEWATER AUTO AUCTION
Agenda Item 10
Page 3
September 9, 2010. A Photometric Lighting Plan shall be submitted for review and approval by City
staff prior to issuance of a building permit.
6. No advertising banners, streamers, balloons, pennants, searchlights, or similar devices shall be
permitted on any vehicles or the site so as to attract attention to the site from Military Highway or the
surrounding area.
7. The total system for the outdoor, pole mounted fixtures on the site shall be limited to 37,000 watts,
where each bulb shall not exceed 750 watts Said fixtures shall be approved by the International Dark -
Sky Association (IDA) as "Dark Sky Friendly."
NOTE. Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning / Development Services Center and
Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
EAGLE AUCTION, INC. D/B/A TIDEWATER AUTO AUCTION
Agenda Item 10
Page 4
�.
�f
s A
PROPOSED SITE LAYOUT
EAGLE AUCTION, INC. D/B/A TIDEWATER AUTO AUCTION
Agenda Item 10
Page 6
T
EAGLE AUCTION, INC. D/B/A TIDEWATER AUTO AUCTION
Agenda Item 10
Page 8
H PV Lu m in aire
k.
High Performance Vertical Lamp Luminaire Featuring
CosmoPolis" and MasterColor"Elite Electronic Systems
EAGLE AUCTION, INC. D/B/A TIDEWATER AUTO AUCTION
Agenda Item 10
Page 9
-ZoningwithConditionsProfters Alodijication Or LOTTQIUVTt-A
3
4
5
0
11/27/07
CUP (car wash)
Granted
03/13/99
Chan a of Zonin I-1 to Conditional B-2
Granted
11/14/06
MOD (bulk storage)
Granted
12/03/02
CUP (bulk storage)
Granted
12/06/94
CUP (temporary recycling operation)
Granted
07/12/94
CUP (bulk storage)
Granted
05/10/82
CUP(landfill).Granted
12/12/00
CUP (bulk storage)
Granted
03/24/92
Chan a of Zonin I-1 to Conditional B-2
Granted
09/12/00
CUP (motor vehicle sales)
Granted
03/14/95
CUP (mobile home sales)
Granted
01/22/90
Change of Zoning (1-1 to B-2)
Granted
CUP motor vehicle sales
06/09/98
Change of Zoning (1-1 to B-2)
Granted
CUP (fuel sales)
09/10/96
CUP fuel sales
Granted
05/23/93
Subdivision Variance
Granted
04/27/93
CUP truck sales
Granted
ZONING HISTORY
EAGLE AUCTION, INC. D/B/A TIDEWATER AUTO AUCTION
Agenda Item 10
Page 10
oo L. DISCLOSURE STATEMENT
C�
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of 88 officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Eagle Auction, Inc. dtWa Tidewater Auto Auction, Mkftwl D. Hockett, President
2. List all businesses that have a parent -subsidiary' or affiliated business entity
relationship with the applicant: (Attach list if necessary)
NONE
C Check here If the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
Ea& Holdings, LLC; MUIHW D. Hockett MWager/MembW
2. List all businesses that have a parent -subsidiary' or affiliated business entity
relationship with the applicant: (Attach list if necessary)
D Check here if the Property owner is NOTa corporation, partnership, firm,
business, or other unincorporated organization.
& see next page for footnotes
uoes an orlciaI or employee of the City of Virginia Beach have an interest in the
subject land? Yes — No XX
If yes, what is the name of the official or employee and the nature of their interest?
MociftaWn Of C*W*vW ApOcstiw
Page 10 or 11
rMvised 713W
DISCLOSURE STATEMENT
EAGLE AUCTION, INC. D/B/A TIDEWATER AUTO AUCTION
Agenda Iters) 10
Page, 11
08/31/2010 11'48 FAX 757 485 22 TIDEVATER AUTO AUCTION
DISCLOSURE STATEMENT
ADWKWAL DISCLOSMES
List at known contractors or bts3Mest es that have or wap provide services with respect
to the requested property use, inckkdkv but not t rnhed to the provkters of archbOdural
sOMM, real estate services, finaneW setvk es, arxoun tg owvk:es. and 6981
serAm: (Attach tat p necessary)
' 'pwrvi-subatdlery mwmw meers *a remmone p that wdow when one
corporator dk ecay or kWirpodr owrm shores posin-s- mp mrxe then 50 petoent of the votlnQ
power of w otter oo pomW ' See State and L.00W Gov&-mnent Cardlot of If4sreft Act, Va.
Code 12.2-3101.
2 •Aftlated bu*v ae w ty ndatonstSh' means'a rentor aW. other ton PiN"ent-
sub* tory nk*rh*, that oxkts when (Q one busIrms on* hu a conlrollft ownw"
k*w4W in the other bt *w" w tlty. (K) a conlro* g wrier In one e0y is also a OO&ORV
owner in the other w tty. or (IN) two Is shared norragenmht or oorhtnoi beNom the bu*ma
enbttes. Factors ttad et W be rxhneidered in ditm*ft the axrsWm of an affiliated
buom enRy veivilom* trwkWe last the earns parson or manta ly the aarrre thereon
own or mwope the two 00"; two are oarrtFrwn or ommhkrpied AnWs or assets; the
buWrwm ardidse stole ft tithe Of the 00" ofioas Or Y M Or otfarwiw share 0*4W=,
resothraaa or pelsorvhel on a regular ba*; or tans (s Q#wv w a alese working mWWW*
bpWmm the en W=.- See State and Local Qovenrnght CWft of I isr.sts Ard, Ve. Code §
COMFICATtON: I asrtry that the WorhMWn oontelned hersin k ws and ecarrate.
I urwersterw that, upon mow of modification (pow") that to appNeW rh has burn sdw*t*d for
pdjW thealirrp. I am Mporreibis for obi end pcn*V on rsqu W sign an to subject property at
Inst 30 days prior to the =Mauled phhbk hewkhp a=R" to the
rhdgnighsd silo coroerhts to a" upar the Propedy by wq*"se of 00 DepwUneM of
Pbnrrnp to photograph and view the of for pumas" of proeaeuV and ewtueYno Min eppecetion.
k4cheel D. Hookstt, PreskW t
Appµ Prhrt Name
'e/
L hoom et D. HodatC kiw*ger
Property Owner's signore (if ditreraM then appNoent) P" Name
Moodailm d Condbon. AphiNo00
@1002/002
DISCLOSURE STATEMENT
EAGLE AUCTION, INC. D/B/A TIDEWATER AUTO AUCTION
Agenda Item, 10
Page 12
Item #10
Eagle Auction, Inc. d/b/a Tidewater Auto Auction
Modification of Conditions
656 S. Military Highway
District 2
Kempsville
November 10, 2010
APPROVED
An application of Eagle Auction, Inc. d/b/a Tidewater Auto Auction for a modification of conditions
approved by City Council on November 14, 2006 on property located at 656 S. Military Highway, District
2, Kempsville. GPIN: 1456450664; 14563768630000.
CONDITIONS
1. The site shall be developed and landscaped in substantial conformance with the plan entitled, "Layout Plan for
Tidewater Auto Auction," prepared by MSA, P.C., dated 07/09/10, which has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach Planning Department.
2. All roadway improvements presented in the report entitled, "Transportation Impact Assessment, Priority Auto
Center," prepared by Bryant B. Goodloe, P.C., and dated September 22, 2006, shall be incorporated into the plans
during final site plan submission to the Development Services Center. These improvements include but are not
limited to: extending the existing southbound left turn lane to provide a minimum 300 foot storage and 200 foot
taper (consequently, the northbound left turn lane located north of the Priority Auto Center entrance must be
closed and signed for No U -Turns in that direction); the radius for the Priority Auto Center entrance must be
improved to accommodate WB -50 vehicles; the existing Priority Auto Center entrance must have a minimum of two
(2) exiting lanes and two (2) entering lanes with appropriate pavement markings to delineate these lanes; a traffic
signal will be installed by the developer if and when the minimum warrants are met and approved by Public Works /
Traffic Engineering; and at a specified point during site plan review, a traffic signal bond, effective for five (5) years
from build out of the site, in the amount of $150,000.00, will be required to cover the cost of a traffic signal.
3. No land disturbance or encroachment into Resource Protection Area shall be permitted without the appropriate
authorization and approval of the City of Virginia Beach Chesapeake Bay Preservation Area Board and/or the City of
Virginia Beach Chesapeake Bay Preservation Area staff.
4. No outdoor paging or loudspeaker system shall be permitted.
5. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be
deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard
shall be installed at heights and locations as depicted on the exhibit entitled "Lighting Plan, Tidewater Auto
Auction," prepared by Old Dominion Lighting Associates, dated September 9, 2010. A Photometric Lighting Plan
shall be submitted for review and approval by City staff prior to issuance of a building permit.
6. No advertising banners, streamers, balloons, pennants, searchlights, or similar devices shall be permitted on any
vehicles or the site so as to attract attention to the site from Military Highway or the surrounding area.
7. The total system for the outdoor, pole mounted fixtures on the site shall be limited to 37,000 watts, where each
bulb shall not exceed 750 watts. Said fixtures shall be approved by the International Dark -Sky Association (IDA) as
"Dark Sky Friendly."
Item #10
Eagle Auction, Inc. d/b/a Tidewater Auto Auction
Page 2
NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any
site plan submitted with this application may require revision during detailed site plan review to meet all applicable
City Codes and Standards. All applicable permits required by the City Code, including those administered by the
Department of Planning / Development Services Center and Department of Planning / Permits and Inspections
Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are
valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for
crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as
they pertain to this site.
AYE 11
ANDERSON
AYE
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRANGE
AYE
NAY 0 ABS 0 ABSENT 0
By a vote of 11-0, the Board has approved item 10, Eagle Auction, Inc., d/b/a Tidewater Auto Auction.
Les Watson appeared before the Board on behalf of the applicant.
9
w 2
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: ZION TEMPLE MINISTRIES COGIC, Conditional Use Permit, church, 4992-1
Euclid Road (GPIN 1477039719). KEMPSVILLE DISTRICT.
MEETING DATE: December 7, 2010
■ Background:
The applicant requests a Conditional Use Permit to operate a religious facility
within a portion of a building located in the 1-1 District. The applicant will lease
2,419 square feet of space within the building. The applicant indicates that the
church currently occupies the space as they were initially unaware of the
requirement for a Conditional Use Permit.
Religious services are held on Sunday from 9:00 a.m. until 2:00 p.m., bible study
and prayer meetings are held on Wednesday from 7:00 p.m. until 9:00 p.m. and
youth/music ministries are held from 2:00 p.m. until 4:00 p.m. on Saturday. The
church currently has 25 members and hopes to grow to about 87 members
pending approval of the Fire Marshall.
■ Considerations:
Staff finds that the current site design, as well as the applicant's proposal, does
not fit the vision for this area identified as the Central Village District of the
Pembroke Growth Area 4 Implementation Plan (SGA 4). It is understood,
however that plans calling for transformation as envisioned in the SGA 4
Implementation Plan take time to become reality, and uses such as the
applicant's can continue in this area until market forces, private sector
development trends and public policy create the energy necessary to redevelop
this area. This proposed use is consistent with Pembroke Growth Area 4
Implementation Plan's goal of establishing mixed -uses and culturally -diverse
uses in the district.
At the time this application was submitted, the existing facility began to undergo
exterior improvements. A new parapet was under construction with new signs for
each suite. The existing facility is adequate to house the proposed religious use
without negatively affecting the surrounding community.
The site plan depicts 86 parking spaces. The Zoning Ordinance requires 5 cars
for a religious use of 25 seats. The ultimate occupancy load of the 2,419 SF of
the unit will be set by the Fire Marshall and the Building Official's office. As the
Zion Temple Ministries COGIC
Page 2 of 2
church grows, staff feels there will be adequate parking available on the site
based on the fact that that a typical church has peak operational hours different
from traditional business hours and that the 86 parking spaces located on the site
are sufficient for this use and other uses within the complex. While the existing
site and building is designed to suburban standards not consistent with all of the
Comprehensive Plan recommendations, staff finds that the applicant's proposal
is acceptable.
Staff recommends approval of this request with the conditions below.
There was no opposition to the request.
■ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 11-0, to recommend approval of this request to the
City Council with the following conditions:
1. The number of individuals attending anyone service shall not exceed the
number Established by the City's fire Marshall.
2. The applicant shall obtain all necessary permits and inspections from the
Planning Department/ Permits and Inspections Division and the Fire Department.
The applicant shall obtain a Certificate of Occupancy from the Building Official's
Office.
3. This Conditional Use Permit is valid for three years from the date of adoption
by the Virginia Beach City Council.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning DepartmentAi, o
City Manager: "s
r
'\j
Zion
Ministries
CUP - for Religious the
REQUEST:
Conditional Use Permit (religious use)
ADDRESS / DESCRIPTION: 4992-1 Euclid Road
6
November 10, 2010 Public Hearing
APPLICANT:
ZION TEMPLE
MINISTRIES COGIC
PROPERTY OWNER:
PHYLLIS A. &
ERNEST L.
HUDSON TRUST
STAFF PLANNER: Karen Prochilo
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14770397190000 KEMPSVILLE 12,000 square feet Less than 65 dB DNL
LEASE SPACE:
2,419 square feet
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to operate a religious facility within a portion of a
building located in the 1-1 District. The applicant will lease 2,419 square feet of space within the building.
The applicant indicates that the church currently occupies the space as they were initially unaware of the
requirement for a Conditional Use Permit.
Religious services are held on Sunday from 9:00 a.m. until 2:00 p.m., bible study and prayer meetings are
held on Wednesday from 7:00 p.m. until 9:00 p.m. and youth/music ministries are held from 2:00 p.m.
until 4:00 p.m. on Saturday. The church currently has 25 members and hopes to grow to about 87
members pending approval of the Fire Marshall.
LAND USE AND PLAN INFORMATION
ZION TEMPLE MINISTRIES CHURCH OF GOD IN CHRIST
Agenda Item 6
Page 1
EXISTING LAND USE: Single story structure with parking lot
SURROUNDING LAND North:
. Southern Boulevard right-of-way
USE AND ZONING:
. Industrial uses / 1-1 Light Industrial District
South:
. Office, industrial uses / 1-1 Light Industrial District
East:
. Industrial uses / 1-1 Light Industrial District B-2
West:
. Vacant, office / B-2 Community Business District
NATURAL RESOURCE AND There are no cultural features or significant natural resources associated
CULTURAL FEATURES: with this site as it is almost entirely impervious.
COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as an Urban Area and within the
Pembroke Strategic Growth Area 4 Implementation Plan (Pembroke SGA 4 Plan), Central Village
District. This district is presently dominated by a wide range of light industrial uses, trade supply shops, auto -
oriented businesses and commercial uses. The Pembroke SGA 4 Plan recommends that the Central Village
District emerge as an eclectic, mid to low-rise mix of commercial and urban residential uses and a focus of
social and economic activity with a diverse multicultural neighborhood and network of mixed-use, independent
business. The area should further establish a number of civic and open gathering places including urban
plazas and perks (pp. 2-18 to 2-20).
A new defined urban street grid will make access to this district very fluid and allow its residents alternative
means of circulation, and will transform the present street network, including Euclid Road. This site is also
adjacent to Southern Boulevard, along which is proposed a linkage park that will connect the Renaissance
Academy site to the west of Witchduck Road to the Thalia Creek Greenway. Open space is also proposed to
the rear of this site.
The Comprehensive Plan's Urban Area Design Guidelines state that quality landscaping is essential to the
built urban environment. The corners of significant street intersections, gateways or site entries should be
enhanced by special landscape treatments such as pavers, flowering plants, signage or decorative lighting.
Site lighting should be designed to reduce light trespass and glare (p B-2, B-3). In order to achieve urban area
design goals within reason given the future plans for this area, consideration should be given to conditions that
would improve! the building, signage, site lighting and site landscaping as opportunities to do so by the
property owner present themselves.
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Euclid Road in
the vicinity of this application is considered a two-lane undivided minor urban arterial. It is not included on the
Master Transportation Plan. Currently, this segment of roadway is functioning at a LOS C or better.
A roadway Capital Improvement Program project is slated for this area. The Pembroke Area Transportation
Improvements (CIP 2-109) will develop short-term, mid-term, and long-term alternatives for transportation
needs in the Gentral Business District surrounding the Town Center. The project will be phased based on
funding.
ZION TEMPLE MINISTRIES CHURCH OF GOD IN CHRIST
Agenda Item 6
Page 2
TRAFFIC:
Street Name
Present
Volume
present Capacity
Generated Traffic
Euclid Road
5,649 ADT
7,300 ADT (Max.
Existing Land Use —
Level of Service "C")
27 ADT weekday
10,700 ADT' (Level of
2 ADT Sunday (2 AM Peak
Service "D")/ capacity
Vehicles total / 2 PM Peak
13,100 ADT' (Level of
Vehicles total)
Service "E")
Proposed Land Use 3-
22 ADT weekday
89 ADT Sunday (28 Peak
Vehicles total
Average Daily Trips
2 as defined by office 2419 SF
3 as defined by church 2419 SF
The maximum occupancy for the church has not been otticially determined. I herefore, fne square muLaye was
used to compute the trip generation. The weekday and Sunday trip generation information was given to
compare the maximum number of trips in the existing condition to the maximum number of trips for the
proposed condition. Note that, generally, Sunday trips have less of an impact on the surrounding roadway
network than weekday trips.
WATER and SEWER:
This site is connected to City water.
This site does not have a direct connection to City sanitary sewer.
EVALUATION AND RECOMMENDATION
Staff finds that the current site design, as well as the applicant's proposal, does not fit the vision for this
area identified as the Central Village District of the Pembroke Growth Area 4 Implementation Plan (SGA
4). It is understood, however that plans calling for transformation as envisioned in the SGA 4
Implementation Plan take time to become reality, and uses such as the applicant's can continue in this
area until market forces, private sector development trends and public policy create the energy necessary
to redevelop this area. This proposed use is consistent with Pembroke Growth Area 4 Implementation
Plan's goal of establishing mixed -uses and culturally -diverse uses in the district.
At the time this application was submitted, the existing facility began to undergo exterior improvements.
A new parapet was under construction with new signs for each suite. The existing facility is adequate to
house the proposed religious use without negatively affecting the surrounding community.
The site plan depicts 86 parking spaces. The Zoning Ordinance requires 5 cars for a religious use of 25
seats. The ultimate occupancy load of the 2,419 SF of the unit will be set by the Fire Marshall and the
Building Official's office. As the church grows, staff feels there will be adequate parking available on the
site based on the fact that that a typical church has peak operational hours different from traditional
business hours and that the 86 parking spaces located on the site are sufficient for this use and other
uses within the complex. While the existing site and building is designed to suburban standards not
consistent with all of the Comprehensive Plan recommendations, staff finds that the applicant's proposal
is acceptable.
ZION TEMPLE MINISTRIES CHURCH OF GOD IN CHRIST
Agenda Item 6
Page 3
Staff recommends approval of this request with the conditions below.
CONDITIONS
1. The rumber of individuals attending anyone service shall not exceed the number established by the
City's fire Marshall.
2. The applicant shall obtain all necessary permits and inspections from the Planning Department/
Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of
Occupancy from the Building Official's Office.
3. This Conditional Use Permit is valid for three years from the date of adoption by the Virginia Beach
City Council.
NOTE. Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning /Development Services Center and
Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
The applicantis encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
ZION TEMPLE MINISTRIES CHURCH OF COD IN CHRIST
Agenda Item 6
Page 4
AERIAL OF SITE LOCATION
ZION TEMPLE MINISTRIES CHURCH OF GOD IN CHRIST
Agenda Item 6
Page 5
PROPOSED SITE PLAN
ZION TEMPLE MINISTRIES CHURCH OF GOD IN CHRIST
Agenda Item 6
Page 6
PHOTOGRAPH OF BUILDING AND SUITE LOCATION
ZION TEMPLE MINISTRIES CHURCH OF GOD IN CHRIST
Agenda Item 6
Page 7
#
DATE
REQUEST
ACTION
1
04/13/2010
CUP Reli ious Facility)
Granted
2
12/01/2009
CUP (religious facility)
Granted
3
03/10/1998
CUP auto repair arae
Granted
4
01/26/1999
CUP (indoor recreational facility -
bingo)
Granted
02/25/2003
MOD of conditions
Granted
10/24/2006
MOD of conditions
Granted
ZONING HISTORY
ZION TEMPLE MINISTRIES CHURCH OF GOD IN CHRIST
Agenda Item 6
Page
DISCLOSURE STATEMENT
ca
APPLICANT DISCLOSURE
If the applicant Is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list ff necessary)
(Attached)
2. List all businesses that have a parent -subsidiary' or affiliated business entity'
relationship with the applicant: (Attach list if necessary)
❑ Check here if the applicant is NOT a corporation, partnership. firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is dffTersnt from applicant.
if the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list ff necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity'
relationship with the applicant: (Attach fist if necessary)
hheck here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
8 2 see next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes No
If yes, what is the norrie of the official or employee and the nature of their interest?
condlim-ad use Fermh
Appkaf-
Page 9 of 10
Revised 7/3x2007
ZION TEMPLE MINISTRIES CHURCH OF GOD IN CHRIST
Agenda Item 6
Page 9
DISCLOSURE STATEMENT
Int
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, Financial services, accounting services, and legal
services: (Attach list if necessary)
1 `Perent-subsidiary relationship" means 'a relationship theta xists when one
corporation directly or indirectly owns shares possessing more than s0 percent of the voting
power of another corporation.' See State and Local Government Conflict of interests Act, Va.
Code § 2.2-3101.
2 *Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (I) one business entity has a controlling ownership
Merest In the other business entity, (ii) a control owner in one entity is also a controlling
owner in the other entity, or (ill) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship Include that the sane person or substantially the same person
own or mange the two entitles; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Govemment Conflict of interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I cwtity that she krrormation cortsined herein is true and awurate.
I understand that, upon receipt of notification (postcard) that the applicsoon has been scheduled for
plc hang, I am responsible for obtaining and posting the required sign on the saloject property. at
Wast 30 to the Scheduled public hearing according to the instructions in as package. The
aI consents to entry upon the subject property by emploes yeof the O Unent of
f� app and view tl a for proposes of prones" and evaluating this application.
&C=,yE A
Print Name
C00dftrvW We Pff" AppRoMm
Page 10 of 10
Revised 7/312007
ZION TEMPLE MINISTRIES CHURCH OF GOD IN CHMST
Agenda Item 6
Page 10
Item #6
Zion Temple Ministries COGIC
Conditional Use Permit
4992-1 Euclid Road
District 2
Kempsville
November 10, 2010
CONSENT
An application of Zion Temple Ministries COGIC for a Conditional Use Permit (religious use) on property
located at 4992-1 Euclid Road, District 2, Kempsville. GPIN: 14770397190000.
CONDITIONS
1. The number of individuals attending any one service shall not exceed the number established by the City's Fire
Marshall.
2. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and
Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the
Building Official's Office.
3. This Conditional Use Permit is valid for three years from the date of adoption by the Virginia Beach City Council.
NOTE. Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan review to
meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those
administered by the Department of Planning / Development Services Center and Department of planning /
Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses
allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department
for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and
strategies as they pertain to this site.
AYE 11 NAY 0 ABS 0 ABSENT 0
ANDERSON
AYE
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRANGE
AYE
By a vote of 11-0,
the Board has approved item 6, Zion Temple Ministries COGIC for consent.
Item #6
Zion Temple Ministries COGIC
Page 2
Pastor Gene Jarvis, applicant, appeared before the Board.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: VIBRANT FUNDING, LLC, Conditional Use Permit, automobile museum,
410 18th Street (GPIN 2427076018). BEACH DISTRICT.
MEETING DATE: December 07, 2010
■ Background:
The applicant requests a Conditional Use Permit to allow development of the site
for an automobile museum. The applicant proposes to display British sports cars,
vintage 1950's and 1960's, in a setting similar to other automobile museums
found throughout the country. The applicant plans to display approximately 40
automobiles in the building. A gift shop will also be available.
The submitted concept plan depicts a 10,893 square foot building and eight
parking spaces. The building is built to the property lines along the front, east
side, and rear. The building jogs in along the western side between five -feet and
35 -feet. The proposed parking spaces are angled for direct access upon entering
the site; however the user would have to back down the length of the parking
area to the street due to the angle of the parking.
The City Zoning Ordinance, Section 203 (b), requires the following parking count
for the proposed use:
Museums and art galleries: Not less than ten (10) spaces and one additional
space for each three hundred (300) square feet of floor area or fraction thereof in
excess of one thousand (1,000) square feet.
The proposed use will require a minimum of 41 parking spaces. As sufficient
parking cannot be provided on the site, a variance to the required parking will be
requ fired.
The submitted floor plan depicts areas of vehicle display, a gift shop, restrooms,
and an office. The submitted front elevation depicts a mural which mimics
windows, a fagade treatment along the roof line, signage, and a covered entry.
Additionally landscaping is depicted along the frontage. As the building exists at
the front property line an encroachment agreement will be needed for the
signage, covered entry, and landscaping.
Vibrant Funding, LLC
Page 2 of 4
■ Considerations:
The proposed use, an automobile museum, would provide another entertainment
venue for visitors and residents at the Oceanfront. While the proposed use is off
the beatEm path, visitors and residents alike could walk, bike, or drive to the
facility.
Due to the distance between the building and property line there does not appear
to be any way the applicant could provide on-site parking. Asphalt currently
exists along the frontage of the building and is used for parking. This area cannot
be included as provided parking as the area exists in the public right-of-way and
is not owned by the applicant. Staff does not feel that the parking spaces are
usable in the current configuration. A city parking facility exists in the 200 block of
19th StreE;t. This would assist with the problematic lack of parking. The applicant
will not bo able to operate the use without obtaining a variance from the Board of
Zoning Appeals to the parking requirements.
The Resort Area Strategic Action Plan, adopted as part of the Comprehensive
Plan, acknowledges a traffic and parking management plan which calls for a
centralized and shared parking strategy that reduces surface parking and
concentrates traffic flow and maximizes traffic management, (p. 2-31). The
proposed use has the potential to introduce more pedestrian activity along 18th
Street, consistent with the plan's goals to encourage activities that develop
synergies between the cultural and commercial life, the recreational and natural
life, and an overall focus on drawing residents and visitors into the area (p. 2-28).
The Resort Plan also identifies the need for streetscape improvements in the
Central Beach area and transit use promotion (2-30).
The Comprehensive Plan Reference Handbook states that development
proposals in the Urban Areas should comply with "Special Area Development
Guideline:". These guidelines provide specific site design guidance regarding
locating buildings close to the pedestrian street with parking behind or beside the
buildings. The site should be organized so that the buildings frame and reinforce
pedestrian circulation (p. B-1 and B-2).
The proposed site plan should address the guidelines by preventing parking from
dominating the building frontage along 18th Street and by reinforcing pedestrian
circulation along 18th Street. The 18th Street right-of-way abuts the front of the
building and there is an existing asphalt parking area along this building frontage.
Elimination of this parking area is recommended, replacing it with curb and
gutter, landscape strip and sidewalk. The applicant's proposed improvements to
the faga& of the building will add visual interest to an otherwise austere
frontage.
Staff recommends approval of this request subject to the following conditions.
There was no opposition to the request.
Vibrant Funding, LLC
Page 3 of 4
■ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 10-0-1, to recommend approval of this request to
the City Council with the following conditions:
1. The applicant shall obtain a variance from the Board of Zoning Appeals for
the required parking before use of the building commences, a certificate of
occupancy is obtained, and a business license is approved.
2. The applicant shall obtain any necessary encroachment agreements for
improvements to the building and signage within the 18th Street right-of-way
before any building permits are issued.
3. The applicant shall obtain all necessary permits and inspections and a
Certificate of Occupancy for a change of use from the Permits and Inspections
division of the Planning Department and the Fire Department.
4. The applicant shall eliminate the asphalt along the frontage of the site (within
the 18th Street right-of-way) and install a five foot planting bed, commercial
entrance, curb, gutter, and sidewalk along the frontage of the building as required
by the Public Works Department, Traffic Engineering division. The required right-
of-way improvements may be deferred pending development and re-
development of Strategic Growth Area 8, 19th Street/ Central Beach District.
When development / redevelopment occurs the applicant / property owner shall
cost participate in the right-of-way improvements or the conditional use permit
shall become void.
5. There shall not be parking permitted along the frontage of the site. The
applicant shall post "No Parking" signs and shall provide some method, planters
or bollards, to block the use of the asphalt for parking.
6. The front of the building shall be improved in accordance with the submitted
elevation plan, which has been exhibited to the Virginia Beach City Council and
is on file in the Planning Department. The exterior of the building and proposed
improvements shall be earth tone in color. Corporate primary color accents may
be used.
7. The chain link fencing along the front of the site and the western and southern
property lines shall be removed.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Vibrant Funding, LLC
Page 4 of 4
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager
BEACH
Vibrant Funding, LLC:
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REQUEST:
Conditional Use Permit (Automobile museum)
ADDRESS I DESCRIPTION: 410 18`" Street
2
November 10, 2010 Public Hearing
APPLICANT AND PROPERTY
OWNER:
VIBRANT
FUNDING, LLC
STAFF PLANNER: Faith Christie
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24270760180000 BEACH 15,000 square feet 65-70 dB DNL
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow development of the site for an automobile
museum. The applicant proposes to display British sports cars, vintage 1950's and 1960's, in a setting
similar to other automobile museums found throughout the country. The applicant plans to display
approximately 40 automobiles in the building. A gift shop will also be available.
The submitted concept plan depicts a 10,893 square foot building and eight parking spaces. The building
is built to the property lines along the front, east side, and rear. The building jogs in along the western
side between five -feet and 35 -feet. The proposed parking spaces are angled for direct access upon
entering the site; however the user would have to back down the length of the parking area to the street
due to the angle of the parking.
The City Zoning Ordinance, Section 203 (b), requires the following parking count for the proposed use:
Museums and art galleries: Not less than ten (10) spaces and one additional space for each three
hundred (300) square feet of floor area or fraction thereof in excess of one thousand (1,000) square feet.
The proposed use will require a minimum of 41 parking spaces. As sufficient parking cannot be provided
on the site, a variance to the required parking will be required.
VIBRANT FUNDING, LLC
Agenda Item 2
The submitted floor plan depicts areas of vehicle display, a gift shop, restrooms, and an office. The
submitted front elevation depicts the additiGR Of tW9 WiRdaws a mural which mimics windows, a facade
treatment along the roof line, signage, and a covered entry. Additionally landscaping is depicted along the
frontage. As the building exists at the front property line an encroachment agreement will be needed for
the signage, covered entry, and landscaping.
LAND USE AND PLAN INFORMATION
EXISTING LAI4D USE: The site is occupied by a block commercial building, typical of those constructed in the
1950's for industrial type uses, parking, and fencing.The existing building, built in 1955, was most recently
used as a plumbing contractor's office.
SURROUNDING LAND North: . 18th Street
USE AND ZONING: . Across 18th Street are mixed uses / RT -3 Resort Tourist District
South: . Undeveloped parcels / RT -3 Resort Tourist District
East: . A vehicle towing operation / RT -3 Resort Tourist District
West: . Office / RT -3 Resort Tourist District
NATURAL RESOURCE AND There are no natural resources or cultural features associated with the
CULTURAL FEATURES: site. The site is almost entirely impervious, covered by the building and
parking.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this area of the City as Strategic Growth Area 8, Resort Area. The
Resort Area is recognized as an area where revitalization efforts are needed to transform the Resort Area into
a major activity center, strengthen neighborhoods and increase economic growth. The Resort Area Strategic
Action Plan adopted as part of the Comprehensive Plan identifies pedestrian scaled mixed-use for this site.
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): 18th Street
currently has a :sixty -foot right-of-way width, and is not shown on the City's Master Transportation Plan.
Currently 18th Street is a two-lane local urban street. There are currently no capital improvement plan (CIP)
projects scheduled for this portion of 18th Street.
There is no appropriate trip generation data to mimic the type of use proposed with this application. However,
Traffic Engineering does not anticipate that the number of trips will be substantial enough to cause concern
based on the capacity of the surrounding street network.
The entrance to the parking area shown on the submitted Concept Plan does not meet Public Works
Standards. Commercial entrances require a minimum of thirty feet from the edge of pavement to the first
interior drive aisle or parking space on site. There appears to be approximately eight feet as the plan currently
shows.
VIBRANT FUNDING,.:LLC
Agenda Item 2
The existing asphalt parking in the front of the building will need to be removed, and right-of-way
improvements, including but not necessarily limited to curb and gutter, will be required along the frontage of
the site.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
18 Street
No counts
9,900 ADT
Existing Land Use —561
available
ADT (56 peak hour)
Proposed Land Use 3— No
data available for proposed
use
Average Daily Trips
Y as defined by .344 acres of RT -3 Resort Tourist District
WATER: This site must connect to City water. There is a 16 -inch City water main on 18th Street. The existing
5/8 -inch meter may be used or upgraded for the project.
SEWER: This site is connected to City sanitary sewer.
EVALUATION AND RECOMMENDATION
The proposed use, an automobile museum, would provide another entertainment venue for visitors and
residents at the Oceanfront. While the proposed use is off the beaten path, visitors and residents alike
could walk, bike, or drive to the facility.
Due to the distance between the building and property line there does not appear to be any way the
applicant could provide on-site parking. Asphalt currently exists along the frontage of the building and is
used for parking. This area cannot be included as provided parking as the area exists in the public right-
of-way and is not owned by the applicant. Staff does not feel that the parking spaces are usable in the
current configuration. A city parking facility exists in the 200 block of 19th Street. This would assist with the
problematic lack of parking. The applicant will not be able to operate the use without obtaining a variance
from the Board of Zoning Appeals to the parking requirements.
The Resort Area Strategic Action Plan, adopted as part of the Comprehensive Plan, acknowledges a
traffic and parking management plan which calls for a centralized and shared parking strategy that
reduces surface parking and concentrates traffic flow and maximizes traffic management, (p. 2-31). The
proposed use has the potential to introduce more pedestrian activity along 18th Street, consistent with the
plan's goals to encourage activities that develop synergies between the cultural and commercial life, the
recreational and natural life, and an overall focus on drawing residents and visitors into the area (p. 2-28).
The Resort Plan also identifies the need for streetscape improvements in the Central Beach area and
transit use promotion (2-30).
The Comprehensive Plan Reference Handbook states that development proposals in the Urban Areas
should comply with "Special Area Development Guidelines". These guidelines provide specific site.design
VIBRANT FUNDING
Agenda 1
P.
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guidance regarding locating buildings close to the pedestrian street with parking behind or beside the
buildings. The site should be organized so that the buildings frame and reinforce pedestrian circulation (p.
B-1 and B-2).
The proposed site plan should address the guidelines by preventing parking from dominating the building
frontage along 18th Street and by reinforcing pedestrian circulation along 18th Street. The 18th Street
right-of-way abuts the front of the building and there is an existing asphalt parking area along this building
frontage. Elimination of this parking area is recommended, replacing it with curb and gutter, landscape
strip and sidewalk. The applicant's proposed improvements to the fagade of the building will add visual
interest to an otherwise austere frontage.
Staff recommends approval of this request subject to the following conditions.
CONDITIONS
1. The applicant shall obtain a variance from the Board of Zoning Appeals for the required parking before
use of the building commences, a certificate of occupancy is obtained, and a business license is
approved.
2. The applicant shall obtain any necessary encroachment agreements for improvements to the building
and signage within the 18th Street right-of-way before any building permits are issued.
3. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy for a
change of use from the Permits and Inspections division of the Planning Department and the Fire
Department.
4. The applicant shall eliminate the asphalt along the frontage of the site (within the 18th Street right-of-
way) and install a five foot planting bed, commercial entrance, curb, gutter, and sidewalk along the
frontage: of the building as required by the Public Works Department, Traffic Engineering division. The
required right-of-way improvements may be deferred pending development and re -development of
Strategic Growth Area 8, 19th Street/ Central Beach District. When development/ redevelopment
occurs the applicant /property owner shall cost participate in the right-of-way improvements or the
conditional use permit shall become void.
5. There shall not be parking permitted along the frontage of the site. The applicant shall post "No
Parking" signs and shall provide some method, planters or bollards, to block the use of the asphalt for
parking
6. The front of the building shall be improved in accordance with the submitted elevation plan, which has
been exhibited to the Virginia Beach City Council and is on file in the Planning Department. The
exterior of the building and proposed improvements shall be earth tone in color. Corporate primary
color accents may be used.
7. The chain link fencing along the front of the site and the western and southern property lines shall be
removed.
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning / Development Services Center and
Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
VIBRANT FUNDING, LLC
Agenda Item -2
Page 5
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There is no zoning activity to report for the immediate area. The site was zoned B-1
Commercial until 1977. The City rezoned the area to Arts and Conference District. The
site was zoned RT -3 Resort Tourist in 1988.
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
VIBRANT FUNDING, LLC
_ WILLIAM H THUME JR MEMBER
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
N/A
O Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
if the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
N/A
2. List all businesses that have a parent -subsidiary' or affiilated business entity2
relationship with the applicant: (Attach list if necessary)
N/A
Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& ` See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes_ No x
If yes, what is the name of the official or employee and the nature of their interest?
conft"[ Use Permit napkmflon
Page 8 of 10
Revised 7/13/2008
;e;8
0 DISCLOSURE STATEMENT
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ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
BMIZ
Gallup Surveyors & Engineers, Ltd.
Billy Garrington/Governmental Permitting Consultant
"Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship' means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
Interest in the other business entity, (11) a controlling owner in one entity is also a controlling
owner in the other entity, or (lin) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions kr this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
A
WILLIAM H. THUMEL, JR.
Print Name
Property Owner's Signature (if different than applicant) Print Name
CaWitionai Use Pem-A Appkcallon
Page 10 of 10
Revised 711MON
Item #2
Vibrant Funding, L.L.C.
Conditional Use Permit
41018 th Street
District 6
Beach
November 10, 2010
CONSENT
An application of Vibrant Funding, L.L.C. for a Conditional Use Permit (automobile museum) on property
located at 41018th Street, District 6, Beach. GPIN: 24270760180000.
CONDITIONS
1. The applicant shall obtain a variance from the Board of Zoning Appeals for the required parking before use of the
building commences, a certificate of occupancy is obtained, and a business license is approved.
2. The applicant shall obtain any necessary encroachment agreements for improvements to the building and signage
within the 18th Street right-of-way before any building permits are issued.
3. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy for a change of use
from the Permits and Inspections division of the Planning Department and the Fire Department.
4. The applicant shall eliminate the asphalt along the frontage of the site (within the 18th Street right-of-way) and
install a five foot planting bed, commercial entrance, curb, gutter, and sidewalk along the frontage of the building
as required by the Public Works Department, Traffic Engineering division. The required right-of-way improvements
may be deferred pending development and re -development of Strategic Growth Area 8, 19th Street/ Central Beach
District. When development/redevelopment occurs the applicant /property owner shall cost participate in the
right-of-way improvements or the conditional use permit shall become void.
5. There shall not be parking permitted along the frontage of the site. The applicant shall post "No Parking" signs and
shall provide some method, planters or bollards, to block the use of the asphalt for parking
6. The front of the building shall be improved in accordance with the submitted elevation plan, which has been
exhibited to the Virginia Beach City Council and is on file in the Planning Department. The exterior of the building
and proposed improvements shall be earth tone in color. Corporate primary color accents may be used.
7. The chain link fencing along the front of the site and the western and southern property lines shall be removed.
NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards.
Any site plan submitted with this application may require revision during detailed site plan review to meet all
applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by
the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections
Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are
valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for
crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as
they pertain to this site.
Item #2
Vibrant Funding, L.L.C.
Page 2
AYE 10 NAY 0 ABS 1 ABSENT 0
ANDERSON
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRANGE
AYE
ABS
By a vote of 10-0, with the abstention so noted, the Board approved item 2, Vibrant Funding, L.L.C. for
consent.
Billy Garrington appeared before the Board on behalf of the applicant.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: EDEN VENTURES, L.L.C., Conditional Use Permit, bar/nightclub, 313 32nd
Street (GPIN 2418928642). BEACH DISTRICT.
MEETING DATE: December 7, 2010
■ Background:
The applicant requests a Conditional Use Permit to allow development of the site
for a nightclub / bar. The applicant proposes to develop the interior of the building
with a restaurant section and performance venue area. The building is 8,325
square feet. The submitted floor plan depicts 3,050 square feet of the building
devoted to the restaurant space. Another 1,155 square feet at the rear of the
building facing 33rd Street is depicted as a dining terrace. The performance
venue area is depicted as 3,818 square feet with the balance of the building area
devoted to the kitchen and restrooms.
The applicant does not plan to alter the exterior of the building except to clean
the concrete panels, paint the brick veneer and the metal railing, and to add
signage and brick planters along the front of the building, facing 32nd Street.
The applicant does plan to remove the parking adjacent to 32nd Street in
accordance with the Laskin Road Gateway Capital Improvement Program (CIP)
Project #2.143 and install an area in the shape of a "u" in the front of the building.
The applicant also plans to restripe the rear parking area to provide for 26
parking spaces. This number may change slightly as the applicant plans to
comply with the Traffic Engineering requirement that the driveway from 33rd
Street shall be a minimum of 30 feet wide, provide a minimum curb radius of 15
feet, and allow 30 feet from the edge of pavement of 33rd Street to the first
interior parking space.
The proposed use requires a minimum of 83 parking spaces. While the parking
lot will be striped to accommodate at least 20 vehicles the applicant believes he
can valet park 40-50 vehicles on the site.
The hours of operation will be daily 11:00.a.m. to 2:00 a.m. The restaurant will
operate daily 11:00 a.m. to 10:00 p.m., when the entire operation will convert to a
nightclub / bar and performance venue.
Eden Ventures, LLC
Page 2 of 5
■ Considerations:
The request is in accordance with the Comprehensive Plan recommendations for
the Laskin Gateway District. The applicant proposes a quality restaurant and
performance venue that will be complementary to the proposed Beach Centre
and surrounding uses. The request furthers the goals of quality uses for visitors
and locals alike within the Laskin Gateway.
The applicant has worked with the Establishment Review Task Force; a group of
City staff charged with reviewing and insuring uses such as these are compatible
at the Oceanfront, to formulate a plan that will insure proper operation of the
establishment. Staff and the applicant agreed upon Conditions 1-10 as means to
provide a complementary use to the area.
The proposed use requires a minimum of 83 parking spaces. While the parking
lot will be striped to accommodate at least 20 vehicles the applicant believes he
can valet park 40-50 vehicles on the site.
While the site is deficient with regard to required parking, the applicant has
several means to overcome this issue. First the applicant can apply for a
variance i:o the Board of Zoning Appeals to allow a reduction in the number of
required parking spaces, valet parking, and stacked parking on the site. The
applicant has submitted a site plan that depicts stacked parking for 51 parking
spaces. Valets would park the customer's vehicle at the rear of site, much as it is
done in urban settings. Second, the applicant can acquire off-site parking and
record an agreement in the Clerk of Courts office for those spaces. Third, the
applicant could request a variance to the required number spaces and direct the
customers to nearby parking garages and facilities. The applicant has been
exploring all of these options and realizes he cannot begin operation of the
business until the parking issues are satisfied.
These options seem reasonable given the fact that parking garages exist at 31St
Street and 34th Street. Section 1524-c-(3) of the Zoning Ordinance allows the use
of public parking spaces, not being used to satisfy any other parking
requirements, as long as the proposed use advances the goals and objectives of
the RT -3 Resort Tourist District and the Oceanfront Resort Area Plan.
Additionally the Laskin Road Gateway is to be developed with a coordinated
transportation and retail strategy that encourages visitors and locals to park their
vehicles and walk about the area.
The applicant is also working with staff to eliminate the parking adjacent to 32nd
Street and landscape the yard area. Public Works/CIP projects and Current
Planning staff will assist the applicant with this issue.
Staff finds the request to be acceptable and recommends approval with the
following conditions.
Eden Ventures, LLC
Page 3 of 5
There was opposition to the request.
■ Recommendations:
The Planning Commission, by a recorded vote of 5-5-1, was undecided and
recommends further action of this request to the City Council with the following
conditions:
1. Performances shall be limited to inside the building. Doors and windows
shall remain closed during performances except for necessary ingress and
egress. The applicant may apply for a special event permit if there are any
events proposed for outside of the building.
2. The owner / management shall allow necessary safety inspections, if
requested, to be performed on the site and in the building.
3. To facilitate enhanced communication the owner / management shall provide
and maintain an e-mail address to the Police Department, Second Precinct
Commanding Officer, and the Zoning Administrator in the Planning Department.
4. The owner / management shall cooperate with any necessary investigations
on site and in the building. Access to security tapes, if available, shall be
provided upon request by the Police Department.
5. Security personnel shall be trained and certified by the Department of
Criminal Justice, or some other security training approved by the Police
Department. The Police department shall provide the owner / management the
necessary information to obtain the required training.
6. The owner / management shall provide additional security measures during
live performances. The Police department shall provide the necessary
information for compliance with this condition.
7. The owner / management shall provide the Police and Planning Departments
a monthly calendar of any special events, promotions, and or private parties.
8. The owner / management shall implement a procedure, identification
scanners or some other form of identification check approved by the Police
department, for identifying patrons that have been banned entry to the building. If
requested information regarding those persons who have been banned from the
premises shall be reported to the Police department.
9. Management shall attend the Police department "ABC Manager's" training
course, when offered by the department.
Eden Ventures, LLC
Page 4 of 5
10. In the future if the owner/ management decide to prohibit firearms within the
establishment notification shall be posted at each entrance / exit.
11. The applicant shall obtain all necessary permits and inspections from the
Permits and Inspections division of the Planning Department and the Fire
Department, and shall obtain a Certificate of Occupancy for the change of use
from the Building Official.
12. The applicant shall obtain a variance to the required parking from the Board
of Zoning Appeals or secure off-site parking for the proposed use before use of
the building commences, a certificate of occupancy is obtained, and a business
license is approved.
13. The applicant shall clean or paint concrete panels, paint the brick veneer and
the metal railing. Earth tone colors shall be used on the building. Planters shall
be installed along the length of the front of the building, except for necessary
access.
14. The applicant shall remove the parking spaces adjacent to 32nd Street in
accordance with the Laskin Road Gateway Capital Improvement Program (CIP)
project #2.143 plans. The applicant shall landscape the area in front of the
building except for necessary pedestrian access. The applicant may install
bicycle racks in the area between the property line and the front of the building,
the exact location to be determined by the Current Planning staff.
15. The applicant shall restripe the rear parking area to provide for a minimum of
20 parking spaces. The driveway from 33rd Street shall be a minimum of 24 feet
wide, to provide a minimum curb radii of 15 feet, and allow 20 feet from the edge
of pavement of 33rd Street to the first interior parking space.
16. The applicant shall provide landscape screening along the eastern and
western property lines from the covered loading dock area to the property line
adjacent to 33rd Street. Additionally the applicant shall provide landscaping along
33`d Street, except for the necessary access. The landscape plan shall also
depict the foundation landscaping along the building wall fronting 32nd Street, the
landscaped yard area between 32nd Street and the front of the building,
pedestrian access and the location of the proposed bicycle racks. A landscape
plan shall be submitted to the Current Planning staff for review and approval.
17. Lighting on the Property will be directed downward and inward toward the
interior of the Property. The applicant shall provide a photometric plan for
review/approval by the Police Department or appropriate city staff. All lighting on
the site will be consistent with those standards recommended by the Illumination
Engineering Society of North America.
Eden Ventures, LLC
Page 5 of 5
18. The applicant / business operator shall provide security measures, i.e.
li htinq cameras or personnel within the parking area. Security personnel shall
insure customers exit the site in an orderly manner. The parking area shall be
secured during non-operating hours.
19. If using valet parking the applicant / business operator shall insure the valets
comply with all traffic laws.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission was undecided.
Submitting Department/Agency: Planning Department
City Manager:
BEACH
MBP INI-5
-iamnc P M -XT -44 n.m__ .,
REQUEST:
Conditional Use Permit (Nightclub / Bar)
ADDRESS I' DESCRIPTION: 313 32nd Street
15
November 10, 2010 Public Hearing
APPLICANT:
EDEN VENTURES,
LLC.
PROPERTY OWNER:
THE RUNNYMEDE
CORPORATION
STAFF PLANNER: Faith Christie
GPIN: ELECTION DISTRICT: SITE SIZE:
24189286420000 BEACH AICUZ:
30,000 square feet 70-75 dB DNL
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow development of the site for a nightclub / bar.
The applicant proposes to develop the interior of the building with a restaurant section and performance
venue area. -the building is 8,325 square feet. The submitted floor plan depicts 3,050 square feet of the
building devoted to the restaurant space. Another 1,155 square feet at the rear of the building facing 33`d
Street is depicted as a dining terrace. The performance venue area is depicted as 3,818 square feet with
the balance of the building area devoted to the kitchen and restrooms.
The applicant does not plan to alter the exterior of the building except to clean the concrete panels, paint
the brick venE!er and the metal railing, and to add signage and brick planters along the front of the
building, facing 32nd Street.
The applicant does plan to remove the parking adjacent to 32nd Street in accordance with the Laskin
Road Gatewa y Capital Improvement Program (CIP) Project #2.143 and install an area in the shape of a
"u" in the front of the building. The applicant also plans to restripe the rear parking area to provide for 26
parking spaces. This number may change slightly as the applicant plans to comply with the Traffic
Engineering requirement that the driveway from 33rd Street shall be a minimum of 30 feet wide, provide a
EDEN VENTURES, L.L.C. / THE RUNNYMEDE CORPORATION
Agenda Item 15
Page 1
minimum curb radius of 15 feet, and allow 30 feet from the edge of pavement of 33rd Street to the first
interior parking space.
The proposed use requires a minimum of 83 parking spaces. While the parking lot will be striped to
accommodate at least 20 vehicles the applicant believes he can valet park 40-50 vehicles on the site.
The hours of operation will be daily 11:00.a.m. to 2:00 a.m. The restaurant will operate daily 11:00 a.m. to
10:00 p.m., when the entire operation will convert to a nightclub / bar and performance venue.
APPLICATION HISTORY: The applicant deferred the request at the October 13th Planning Commission
meeting in order to work with staff regarding the parking spaces adjacent to 32nd Street and to provide
surrounding residents additional information regarding the proposed operation.
The applicant is working with staff to eliminate the parking spaces along 32"d Street to install
curb, gutter, and sidewalk, and landscaping. Additionally, the applicant proposes installation of
bicycle racks in the area.
Staff has been copied on several electronic mail transmissions the applicant sent to surrounding
neighbors explaining the proposed restaurant and performance venue.
The applicant and staff met Monday, October 11th to discuss the following proposed conditions 14 and 15.
14. The applicant shall remove the parking spaces adjacent to 32nd Street in accordance with the Laskin
Road Gateway Capital Improvement Program (CIP) project #2.143 plans.
15. The applicant shall restripe the rear parking area to provide for a minimum of 20 parking spaces. The
driveway from 33rd Street shall be a minimum of 30 feet wide, to provide a minimum curb radii of 15 feet,
and allow 30 feet from the edge of pavement of 33rd Street to the first interior parking space.
With regard to Condition 14, staff strongly recommends the removal of the parking spaces adjacent to
33rd Street for the following reasons:
The existing parking spaces along the front of the building maneuver directly into 32nd Street from
the site. There is no drive aisle behind the spaces. The site is nonconforming with respect to the
parking as it was constructed in 1957 as a post office. The property owner may maintain the site
as it exists and another post office could occupy the site without making any changes to the
current parking space configuration. As this request is considered a change of use and re-
development of the site, the applicant must meet the requirements of the zoning ordinance
pertaining to the positioning of parking spaces and drive -aisles:
Article 2, Section 203(b) (6)
Parking areas for three (3) or more automobiles shall have individual spaces marked, except
in the case of parking for one- and two-family detached dwellings, and spaces shall be so
arranged that no maneuvering directly incidental to entering or leaving a parking space shall
be on any public street, alley, or walkway;
This portion of 32nd Street has recently been improved in accordance with the Capital
Improvement Project (CIP) #2.143. The roadway is being transformed from a two-lane street with
parking on each side into a gateway roadway to the Oceanfront, four -lanes in width, without on -
street parking, and an increased capacity to move 20,000 vehicles a day in and out of the
Oceanfront. Allowing parking spaces to maneuver from the site directly into the roadway, without
EDEN VENTURES, L.L.C. / THE RUNNYMEDE CORPORATION
Agenda Item, 15
Page, 2
the benefit of a drive -aisle, is not in the best interest of the moving traffic on the roadway or the
person in the vehicle.
Staff and the applicant could not reach a consensus with regard to Condition 14.
With respect to Condition 15, staff and the applicant agreed to the following changes:
The applicant shall restripe the rear parking area to provide for a minimum of 20 parking spaces. The
driveway from 33rd Street shall be a minimum of 24 feet wide, to provide a minimum curb radii of 15 feet,
and allow 20 feet from the edge of pavement of 33rd Street to the first interior parking space.
The applicant was deferred at the September 8, 2010 Planning Commission meeting so that staff and the
applicant could work with the Establishment Review Task Force (ERTF). The ERTF met September 15th
to discuss the proposed operation and to prepare recommendations for the Planning Commission to
consider. The applicant was notified of the meeting and provided a copy of the recommendations for
review. Staff and a representative of the ERTF met with the applicant September 28th to discuss the
proposal and recommendations:
1. Performances shall be limited to inside the building. Doors and windows shall remain closed during
performances except for necessary ingress and egress.
2. The owner / management shall allow necessary safety inspections to be performed on the site and in
the building.
3. To facilitate enhanced communication the owner / management shall provide and maintain an e-mail
address to the Police Department and Planning Department.
4. The owner / management shall cooperate with any necessary investigations on site and in the building.
Access to security tapes shall be provided upon request by the Police Department.
5. Security personnel shall be trained and certified by the Department of Criminal Justice. The Police
department shall provide the owner / management the necessary information to obtain the required
training.
6. The owner/ management shall provide additional security measures during live performances. The
Police department shall provide the necessary information for compliance with this condition.
7. The owner / management shall notify the Police and Planning Departments 48 hours before any
special events, promotions, and or private parties.
8. The owner / management shall implement a procedure, identification scanners or some other form of
identification check approved by the Police department, to identifying patrons that have been banned
entry to the building. Information regarding those persons who have been banned from the premises shall
be reported to the Police department.
9. Management and staff shall attend the Police department merchant training course.
10. If the owner / management decide to prohibit firearms within the establishment notification shall be
posted at each entrance / exit.
The applicant has been very cooperative and receptive to the recommendations. The applicant did ask for
some minor changes to the wording of several of the recommendations and agreed to the incorporation of
the recommendations as conditions of the use permit.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: The site is occupied by the previous Sea Pines Post Office. The structure was
constructed in '1957 and is typical of the suburban style architecture of the 1950's and 1960's_
EDEN VENTURES, L.L.C. / THE RUNNYMEDE CORPORATION
Agenda Item 15
Page 3
SURROUNDING LAND North:
a 33rd Street
USE AND ZONING:
a Across 33rd Street are multi -family dwellings / A-12 and A-24
Apartment and RT -3 Resort Tourist
South:
. 32nd Street
a Across 32nd Street are a variety of retail and restaurant uses,
soon to be demolished and developed as Beach Centre / RT -3
Resort Tourist
East:
a Shopping Center and a vacant office building / RT -3 Resort
Tourist
West:
. 7-11 Store and Post Office / RT -3 Resort Tourist
NATURAL RESOURCE AND
The site is mostly impervious, covered by the building and parking areas.
CULTURAL FEATURES:
Small strips of grass exist along the east and west sides of the building.
There are no significant natural resources associated with the site.
There are no cultural features associated with the site.
COMPREHENSIVE PLAN:
The Comprehensive Plan identifies this area as the Laskin Gateway District, one of three districts that are
distinct and yet complementary to continue the revitalization efforts that have transformed the Resort Area into
a major activity center, strengthened neighborhoods, and increased economic growth. The vision is for
enhancing the area by extending the energy at the beach into these three distinct areas at the Laskin
Gateway, Central Beach, and Rudee Marina. The Comprehensive Plan policies for the Laskin Gateway District
also recommend that this corridor is a prime location for high end retail and tourist activities. The plan
envisions a corridor with a coordinated transportation and retail strategy that gets people out of their cars and
on foot in a village -like setting (p 2-28 to 2-32).
The Comprehensive Plan Reference Handbook states that development proposals in the Urban Area should
comply with the 'Special Area Development Guidelines'. These guidelines provide specific site and building
design and architectural guidance for developments in the Urban Areas (p B-1 to B-6).
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP):
This site is located midblock on 32nd Street near Pacific Avenue, with additional vehicular access from 33rd
Street. Currently, 32nd Street in front of this site is a four -lane local street with a sixty -foot (60') right-of-way
width. The street is not shown on the City's Master Transportation Plan Map, but is currently undergoing
construction as part of the Laskin Road Gateway Capital Improvement Program (CIP) project #2.143. 33rd
Street is currently a two-lane local street with sixty -foot (60') right-of-way width and on -street parking, and no
CIP projects are scheduled for this roadway.
Traffic Engineering Comments:
1. 32nd Street is part of the Laskin Road Gateway CIP project currently underway. Laskin Road currently
handles much of the east -west traffic headed to and from the oceanfront and / or the North End of
Virginia Beach. As part of the CIP project, Laskin Road will be undergoing construction to be reduced
from five lanes to two, with wide sidewalks and parallel parking constructed on either side -of the
EDEN VENTURES, L.L.C. / THE RUNNYMEDE CORPORATION
Agenda Item15
Page 4
roadway. Ultimately, 32nd Street is planned to serve (along with 30th Street) as one of the major east -
west corridors to handle the vehicular traffic that will be displaced as a result of the Laskin Road
reconstruction. Construction is underway that is expected to improve capacity along 32nd Street for
this purpose.
2. As part of the reconstruction of 32nd Street, curb and gutter will be installed along the northern and
southern edges of pavement, and concrete driveways will be built to City of Virginia Beach Public
Works Standards for those sites that are affected. The existing concrete parking lot in the front of this
site does not meet these standards, and the proposed parallel parking spaces shown on the exhibit
will not be allowed.
3. The a --cess point off of 33rd Street is also required to be improved to meet City of Virginia Beach
Public Works Standards for commercial entrances. As such, the driveway must be thirty feet (30') wide
(minimum), provide minimum curb radii of fifteen feet (15'), and allow thirty feet (30') from the edge of
pavement of 33rd Street to the first interior parking space.
4. Trip generation for the proposed use and floor plan shown on the exhibit entitled "PROPOSED FIRST
FLOOR PLAN" indicates that the site will generate over one hundred trips during the PM peak hour of
traffic, which is less than the City of Virginia Beach threshold of 150 trips that would trigger the
requirement of a traffic impact study. In addition, the improvements to 32nd Street should satisfactorily
provide capacity for the vehicular trips to the site.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
32n Street
29,900 ADT
20,700 ADT
Existing Land Use —1,126
ADT (124 Peak Hour)
Proposed Land Use 3-
1,135ADT 109 Peak Hour
Average Daily Trips
s
as defined by .69 acre of RT -3 Resort Tourist District
s as defined by a restaurant of 187 seats and 5,300 square feet of nightclub / bar area
WATER and SEWER: This site must connect to City water. There is an 8 -inch City water line in both 32 n
Street and 33'° Street. This site is connected to City sanitary sewer.
FIRE: The site must comply with all Building Code requirements pertaining to Restaurants / Nightclubs.
ESTABLISHMENT REVIEW TASK FORCE: The CUP request has been reviewed by the Task Force and
discussed at the beginning of this report under the section Application History.
EVALUATION AND RECOMMENDATION
The request is in accordance with the Comprehensive Plan recommendations for the Laskin Gateway
District. The applicant proposes a quality restaurant and performance venue that will be complementary
to the proposed Beach Centre and surrounding uses. The request furthers the goals of quality uses for
visitors and locals alike within the Laskin Gateway.
EDEN VENTURES, L.L.C. / THE RUNNYMEDE CORPORA
Agenda Ite
P
ON
15
e5
The applicant has worked with the Establishment Review Task Force; a group of City staff charged with
reviewing and insuring uses such as these are compatible at the Oceanfront, to formulate a plan that will
insure proper operation of the establishment. Staff and the applicant agreed upon Conditions 1-10 as
means to provide a complementary use to the area.
The proposed use requires a minimum of 83 parking spaces. While the parking lot will be striped to
accommodate at least 20 vehicles the applicant believes he can valet park 40-50 vehicles on the site.
While the site is deficient with regard to required parking, the applicant has several means to overcome
this issue. First the applicant can apply for a variance to the Board of Zoning Appeals to allow a reduction
in the number of required parking spaces, valet parking, and stacked parking on the site. The applicant
has submitted a site plan that depicts stacked parking for 51 parking spaces. Valets would park the
customer's vehicle at the rear of site, much as it is done in urban settings. Second, the applicant can
acquire off-site parking and record an agreement in the Clerk of Courts office for those spaces. Third, the
applicant could request a variance to the required number spaces and direct the customers to nearby
parking garages and facilities. The applicant has been exploring all of these options and realizes he
cannot begin operation of the business until the parking issues are satisfied.
These options seem reasonable given the fact that parking garages exist at 31 st Street and 34th Street.
Section 1524-c-(3) of the Zoning Ordinance allows the use of public parking spaces, not being used to
satisfy any other parking requirements, as long as the proposed use advances the goals and objectives of
the RT -3 Resort Tourist District and the Oceanfront Resort Area Plan. Additionally the Laskin Road
Gateway is to be developed with a coordinated transportation and retail strategy that encourages visitors
and locals to park their vehicles and walk about the area.
The applicant is also working with staff to eliminate the parking adjacent to 32nd Street and landscape the
yard area. Public Works/CIP projects and Current Planning staff will assist the applicant with this issue.
Staff finds the request to be acceptable and recommends approval with the following conditions.
CONDITIONS
1. Performances shall be limited to inside the building. Doors and windows shall remain closed during
performances except for necessary ingress and egress. The applicant may apply for a special event
permit if there are any events proposed for outside of the building.
2. The owner / management shall allow necessary safety inspections, if requested, to be performed on
the site and in the building.
3. To facilitate enhanced communication the owner / management shall provide and maintain an e-mail
address to the Police Department, Second Precinct Commanding Officer, and the Zoning
Administrator in the Planning Department.
4. The owner / management shall cooperate with any necessary investigations on site and in the
building. Access to security tapes, if available, shall be provided upon request by the Police
Department.
5.
Security personnel shall be trained and certified by the Department of Criminal Justice, or some other
security training approved by the Police Department. The Police department shall provide the owner /
management the necessary information to obtain the required training.
EDEN VENTURES, L.L.C. / THE RUNNYMEDE CORPORATION
Agenda Item -15
Page 6
The owner / management shall provide additional security measures during live performances. The
Police department shall provide the necessary information for compliance with this condition.
7. The cwner / management shall provide the Police and Planning Departments a monthly calendar of
any special events, promotions, and or private parties.
8. The owner /management shall implement a procedure, identification scanners or some other form of
identification check approved by the Police department, for identifying patrons that have been banned
entry to the building. If requested information regarding those persons who have been banned from
the premises shall be reported to the Police department.
9. Management shall attend the Police department "ABC Manager's" training course, when offered by the
department.
10. In the future if the owner/ management decide to prohibit firearms within the establishment
notification shall be posted at each entrance / exit.
11. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections
division of the Planning Department and the Fire Department, and shall obtain a Certificate of
Occupancy for the change of use from the Building Official.
12. The applicant shall obtain a variance to the required parking from the Board of Zoning Appeals or
secura off-site parking for the proposed use before use of the building commences, a certificate of
occupancy is obtained, and a business license is approved.
13. The applicant shall clean or paint concrete panels, paint the brick veneer and the metal railing. Earth
tone colors shall be used on the building. Planters shall be installed along the length of the front of the
building, except for necessary access.
14. The applicant shall remove the parking spaces adjacent to 32nd Street in accordance with the Laskin
Road Gateway Capital Improvement Program (CIP) project #2.143 plans. The applicant shall
landscape the area in front of the building except for necessary pedestrian access. The applicant may
install bicycle racks in the area between the property line and the front of the building, the exact
location to be determined by the Current Planning staff.
15. The applicant shall restripe the rear parking area to provide for a minimum of 20 parking spaces. The
driveway from 33`d Street shall be a minimum of 24 feet wide, to provide a minimum curb radii of 15
feet, and allow 20 feet from the edge of pavement of 33rd Street to the first interior parking space.
16. The applicant shall provide landscape screening along the eastern and western property lines from the
covered loading dock area to the property line adjacent to 33`d Street. Additionally the applicant shall
provide landscaping along 33`d Street, except for the necessary access. The landscape plan shall also
depict the foundation landscaping along the building wall fronting 32"d Street, the landscaped yard
area between 32nd Street and the front of the building, pedestrian access and the location of the
proposed bicycle racks. A landscape plan shall be submitted to the Current Planning staff for review
and approval.
17. Lighting on the Property will be directed downward and inward toward the interior of the Property. The
applicant shall provide a photometric plan for review/approval by the Police Department or appropriate
city staff. All lighting on the site will be consistent with those standards recommended by the
Illumination Engineering Society of North America.
EDEN VENTURES, L.L.C. / THE RUNNYMEDE CORPORA
Agenda Ite
M.
)N
15
18. The applicant / business operator shall provide security measures, i. e. lighting, cameras, or personnel,
within the parking area. Security personnel shall insure customers exit the site in an orderly manner.
The parking area shall be secured during non-operating hours.
19. If using valet parking the applicant / business operator shall insure the valets comply with all traffic
laws.
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning / Development Services Center and
Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
EDEN VENTURES, L.L.C. / THE RUNNYMEDE CORPORATION
Agenda Item15
Page 8
No-
PROPOSED PARKING LAYOUT
EDEN VENTURES, L.L.C. / THE RUNNYMEDE CORPORATION
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Agenda Item 15
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Page 10
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PROPOSED PARKING LAYOUT
EDEN VENTURES, L.L.C. / THE RUNNYMEDE CORPORATION
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Agenda Item 15
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Page 10
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EDEN VENTURES, L.L.C. / THE RUNNYMEDE CORPORATION
Agenda Item 15
Page 12
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DATE
REQUEST
I ACTION
1
8/10/10
Conditional Use Permit (drive-through facility)
Approved
2
5/12/98
Conditional Use Permit(parking lot
Approved
ZONING HISTORY
EDEN VENTURES, L.L.C. / THE RUNNYMEDE CORPORATION
Agenda Item 15
Page 14
[DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
E6tnV&1ivru7, LLC-)Jame5 C•iykWL&
Z List all businesses that have a parent -subsidiary' or affiliated business entity'
relationship with the applicant: (Attach list if necessary)
None
I-1 Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
:'omplete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
itlie'Runnymede Corporation. Andrew S. Fine, President; Morris H. Fine, Secretaryfrreasurer,
-Mid-1 d-5srcatt, YPIeC
I
?.. List all businesses that have a parent -subsidiary' or affiliated business entity'
relationship with the applicant: (Attach list if necessary)
Pavilion Center Associates, LLC; Rosemont Interstate Associates LLC; Sattmesdow Bay LLC; TRC
,'enter LLC
O Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
i 8 2 See next page for footnotes
Goes an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes _ No X
If yes, what is the name of the official or employee and the nature of their interest?
c«,aftnw use Perma AWnelmn
Page 9 o 10
Revaed 7=007
DISCLOSURE SIATEMENT
EDEN VENTURES, L.L.C. / THE RUNNYMEDE CORPORATION
Agenda Item) . -15
Page 15
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
I 'Parent -subsidiary relationship' means 'a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
paver of another corporates.' See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 `Affiliated business entity relationship" rneans 'a relationship, other than parent -
subsidiary relationship, that exists when (I) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one amity is also a controlling
owner in the other entity, or (iii) there is shared management or control between time business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship induce that the same person or substantially the same person
awry or manage the two entities; there are common or comnangled funds or assets; the
business entities share the use of the same offices or errploy ees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities' See State and Local Government Confit of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: 1 certify that the information contained herein is true and accurate.
I understand that, tem receipt of notification (postcard) that the application has been scheduled for
public htesing, t am responsible for obtainkV and posting the required sign on the subject property at
least 30 days prior to the hearing according to the instructions in this package. The
u�rersigned alio aw� uPce mob/ property by employees of the Department of
Pi irlgtg�ymgh�pra r purposes of processing and evalusting this application.
J•C• MCIJu*
Print Name
M..i. Barrett
Print Name
Cow toW Use Pwn* Apptio bur
Page it) of rD
Rersd ara12oa7
DISCLOSURE STATEMENT
EDEN VENTURES, L.L.C. / THE RUNNYMEDE CORPORATION
Agenda Iters 15
Page 16
Item #15
Eden Ventures, L.L.C.
Conditional Use Permit
31332 nd Street
District 6
Beach
November 10, 201CI
UNDECIDED
An application of Eclen Ventures, L.L.C. for a Conditional Use Permit (nightclub / bar) on property located
at 313 32nd Street, District 6, Beach. GPIN: 24189286420000.
CONDITIONS
1. Performances shall be limited to inside the building. Doors and windows shall remain closed during performances
except for necessary ingress and egress. The applicant may apply for a special event permit if there are any events
proposed for out:>ide of the building.
2. The owner / management shall allow necessary safety inspections, if requested, to be performed on the site and in
the building.
3. To facilitate enhanced communication the owner / management shall provide and maintain an e-mail address to
the Police Department, Second Precinct Commanding Officer, and the Zoning Administrator in the Planning
Department.
4. The owner / management shall cooperate with any necessary investigations on site and in the building. Access to
security tapes, if available, shall be provided upon request by the Police Department.
5. Security personnel shall be trained and certified by the Department of Criminal Justice, or some other security
training approved by the Police Department. The Police department shall provide the owner / management the
necessary information to obtain the required training.
6. The owner / management shall provide additional security measures during live performances. The Police
department shall provide the necessary information for compliance with this condition.
7. The owner / management shall provide the Police and Planning Departments a monthly calendar of any special
events, promotions, and or private parties.
8. The owner / management shall implement a procedure, identification scanners or some other form of identification
check approved by the Police department, for identifying patrons that have been banned entry to the building. If
requested information regarding those persons who have been banned from the premises shall be reported to the
Police department.
9. Management shall attend the Police department "ABC Manager's" training course, when offered by the
department.
10. In the future if thE: owner / management decide to prohibit firearms within the establishment notification shall be
posted at each entrance/ exit.
11. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections division of the
Item #15
Eden Ventures, L.L.C.
Page 2
Planning Department and the Fire Department, and shall obtain a Certificate of Occupancy for the change of use
from the Building Official.
12. The applicant shall obtain a variance to the required parking from the Board of Zoning Appeals or secure off-site
parking for the proposed use before use of the building commences, a certificate of occupancy is obtained, and a
business license is approved.
13. The applicant shall clean or paint concrete panels, paint the brick veneer and the metal railing. Earth tone colors
shall be used on the building. Planters shall be installed along the length of the front of the building, except for
necessary access.
14. The applicant shall remove the parking spaces adjacent to 32nd Street in accordance with the Laskin Road Gateway
Capital Improvement Program (CIP) project #2.143 plans. The applicant shall landscape the area in front of the
building except for necessary pedestrian access. The applicant may install bicycle racks in the area between the
property line and the front of the building, the exact location to be determined by the Current Planning staff.
15. The applicant shall restripe the rear parking area to provide for a minimum of 20 parking spaces. The driveway from
33`d Street shall be a minimum of 24 feet wide, to provide a minimum curb radii of 15 feet, and allow 20 feet from
the edge of pavement of 33rd Street to the first interior parking space.
16. The applicant shall provide landscape screening along the eastern and western property lines from the covered
loading dock area to the property line adjacent to 33rd Street. Additionally the applicant shall provide landscaping
along 33rd Street, except for the necessary access. The landscape plan shall also depict the foundation landscaping
along the building wall fronting 32nd Street, the landscaped yard area between 32nd Street and the front of the
building, pedestrian access and the location of the proposed bicycle racks. A landscape plan shall be submitted to
the Current Planning staff for review and approval.
17. Lighting on the Property will be directed downward and inward toward the interior of the Property. The applicant
shall provide a photometric plan for review/approval by the Police Department or appropriate city staff. All lighting
on the site will be consistent with those standards recommended by the Illumination Engineering Society of North
America.
18. The applicant/business operator shall provide security measures, i.e. lighting, cameras, or personnel, within the
parking area. Security personnel shall insure customers exit the site in an orderly manner. The parking area shall be
secured during non-operating hours.
19. If using valet parking the applicant/ business operator shall insure the valets comply with all traffic laws.
NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any
site plan submitted with this application may require revision during detailed site plan review to meet all applicable
City Codes and Standards. All applicable permits required by the City Code, including those administered by the
Department of Planning / Development Services Center and Department of Planning / Permits and Inspections
Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are
valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for
crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as
they pertain to this site.
Item #15
Eden Ventures, L.L.C.
Page 3
AYE 5 NAY 5 ABS 1 ABSENT 0
ANDERSON AYE
BERNAS NAY
FELTON NAY
HENLEY NAY
HORSLEY AYE
KATSIAS NAY
LIVAS AYE
REDMOND NAY
RIPLEY AYE
RUSSO ABS
STRANGE AYE
By vote of 5-5-1, this application was undecided.
Ann Crenshaw and Michael Barrett appeared before the Board on behalf of the applicant. Clay McNutt and
Beryl Adler spoke in support of the application. Nancy Johnson, Ted Davis, Ann Vakos, Damon Samuels,
Frank Craddock, Judy Dockery, Gordon Huey, Steven Bishard, John Bishard, Rendy Adams, and Greg Vernosky
spoke in opposition to the application.
iw
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Authorizing Roadside Guide Signs in accordance with City
Zoning Ordinance 211.1 for the First Landing Foundation located at the Historic
Villages at Cape Henry, Joint Expeditionary Base Little Creek -Fort Story,
Proposed signs located in the BEACH DISTRICT and the LYNNHAVEN DISTRICT.
MEETING DATE: December 7, 2010
■ Background:
On March 9, 2010, City Council amended the City Zoning Ordinance by adding
Section 211.1 which allows not -for- profit cultural, literary, scientific and artistic
establishments to apply for roadside guide signs to be placed in the city right-of-
way directing patrons to their establishment. First Landing Foundation operates
the Historic Villages at Cape Henry, which opened in 2007 and includes an
authentic 17th century Colonial Outpost and an American Indian Village.
Additionally, on Thursday and Saturday evenings, the original live outdoor play,
"1607: First Landing," is performed on an outdoor stage. All activities are open to
the public during the summer months and to groups by appointment throughout
the year.
This is a request by the First Landing Foundation to erect five roadside guide
signs; one sign on Shore Drive approximately 3.1 miles west of the site, two
signs at the intersection of Shore Drive/Atlantic Avenue and 83`d Street, one sign
at Atlantic Avenue and 21St Street and the fifth sign at Atlantic Avenue and 25th
Street.
■ Considerations:
The applicant has submitted a drawing of the proposed roadside guide sign. The
sign does not meet the requirements of Section 211.1 and the applicant is
designing a new sign with simpler graphics and the standard brown background
with white lettering.
Maps showing the five desired sign locations have also been submitted by the
First Landing Foundation. Five signs are proposed as shown on the attached
maps. Staff notes that Section 211.1(d) of the Zoning Ordinance allows no more
than three roadside guide signs per establishment except where City Council
Roadside Guide Signs
Page 2 of 3
finds that three signs are insufficient to provide motorists with adequate guidance
to the establishment.
■ Recommendations:
The Traffic Engineer and Planning Staff have reviewed the request and
inspected the proposed locations. Staff, concerned about the number of signs
along City roads, would like to reduce the number of roadside guide signs for this
use to three. It is recommended that two signs be permitted at the intersection of
Shore Drive and 83rd Street, allowing one for each direction at this key
intersection on the route to Cape Henry. Staff concludes that the third sign would
be most helpful to patrons at the intersection of 21St Street and Pacific Avenue
directing traffic to the north.
Staff advises that a precedent not be established to allow more than three signs
per organization due to concerns about a proliferation of such signs and potential
conflicts with public safety signs. Staff discussed the recommended reduction to
three signs with the applicant. The First Landing Foundation feels that because
their location on the military base is so challenging to find, all five guide signs are
needed and they would like to move forward and present their plan for five signs
to the City Council.
Staff recommends that the City Council approve three sign locations subject to
the conditions listed below;
Three roadside guide signs are approved as follows;
a. Two signs at the intersection of Shore Drive and 83rd Street to direct
traffic moving in both directions to go north.
b. One sign at the intersection of 21St Street and Pacific Avenue directing
patrons traveling east off the Expressway to head north on Pacific.
The general location of these signs is shown in red as "Staff Recommended
Sign Location" on the attached map labeled, "First Landing Foundation."
2. Prior to installation of any roadside guide sign, the applicant shall meet with
the Traffic Engineer or his designee to determine exact locations and avoid
conflicts with any existing signs. The signs must be made and installed by
the applicant in compliance with all conditions.
3. Prior to erecting any sign, the First Landing Foundation shall provide Public
Works, Real Estate with a copy of a liability insurance policy naming the City
as co-insured on the policy for the signs.
4. Sign and sign post materials shall meet specifications in the Public Works
Standards for use in the public right-of-way. Please contact the Traffic
Engineer with any questions regarding the requirements.
Roadside Guide Signs
Page 3 of 3
5. The roadside guide signs for the First Landing Foundation must meet all
requirements of Section 211.1 and the design must be approved by Traffic
Engineering. The submitted sign elevation submitted by the applicant is not
acceptable.
6. The signs shall be installed with a maximum height of 9.5' above ground level
and shall have a minimum clearance of seven feet.
7. The First Landing Foundation shall maintain the signs in good condition at all
times. Any sign not in good condition shall be subject to removal and disposal
by the Department of Public Works.
8. The Department of Public Works may relocate any sign if necessary to
accommodate public signage requirements.
■ Attachments:
Location Map
Letter from First Landing Foundation
Applicant's Maps and Sign
Disclosure Statement
Recommended Action: Staff recommends approval of three roadside guide signs for the First
Landing Foundation.
1 A RESOLUTION AUTHORIZING ROADSIDE GUIDE
2 SIGNS FOR THE FIRST LANDING FOUNDATION,
3 LOCATED AT THE HISTORIC VILLAGES AT CAPE
4 HENRY, JOINT EXPEDITIONARY BASE LITTLE CREEK -
5 FORT STORY(BEACH AND LYNNHAVEN DISTRICTS)
6
7 WHEREAS, the First Landing Foundation, (hereinafter the "Applicant), located at
8 the Historic Villages at Cape Henry, Joint Expeditionary Base Little Creek -Fort Story
9 (Beach and Lynnhaven Districts), is an establishment operated exclusively for cultural
10 and artistic purposes on a not-for-profit basis; and
11
12 WHEREAS, the Applicant has requested that it be allowed to erect five (5)
13 roadside guide signs in the public rights-of-way along Atlantic Avenue and Shore Drive
14 in order to provide directions to the First Landing Foundation for the benefit of motorists
15 unfamiliar with its location; and
16
17 WHEREAS, the City Council finds that three (3) roadside guide signs are
18 sufficient to provide motorists with adequate guidance to the First Landing Foundation;
19
20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
23 That the placement of roadside guide signs by the Applicant is hereby
24 authorized, upon the following conditions:
25
26 1. Three roadside guide signs are approved as follows;
27
28 a. Two signs at the intersection of Shore Drive and 83�d Street to direct
29 traffic moving in both directions to ?o north.
30 b. One sign at the intersection of 21s Street and Pacific Avenue directing
31 patrons traveling east off the Expressway to head north on Pacific.
32
33 The general location of these signs is shown in red as "Staff Recommended
34 Sign Location" on the attached map labeled, "First Landing Foundation."
35
36 2. Prior to installation of any roadside guide sign, the applicant shall meet with
37 the Traffic Engineer or his designee to determine exact locations and avoid
38 conflicts with any existing signs. The signs must be made and installed by the
39 applicant in compliance with all conditions.
40
41 3. Prior to erecting any sign, the First Landing Foundation shall provide Public
42 Works, Real Estate with a copy of a liability insurance policy naming the City
43 as co-insured on the policy for the signs.
44
45 4. Sign and sign post materials shall meet specifications in the Public Works
46 Standards for use in the public right-of-way. Please contact the Traffic
47 Engineer with any questions regarding the requirements.
1
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
5. The roadside guide signs for the First Landing Foundation must meet all
requirements of Section 211.1 and the design must be approved by Traffic
Engineering. The submitted sign elevation submitted by the applicant is not
acceptable.
6. The signs shall be installed with a maximum height of 9.5' above ground level
and shall have a minimum clearance of seven feet.
7. The First Landing Foundation shall maintain the signs in good condition at all
times. Any sign not in good condition shall be subject to removal and disposal
by the Department of Public Works.
8. The Department of Public Works may relocate any sign if necessary to
accommodate public signage requirements.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2010.
APP OVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
?5'lannin6l Department City Attorney's Office
CA11749
R-3
November 18, 2010
2
First Landing Foundation
First Landing Foundation
FIRST LANDING FOUNDATION
1340 N. Great Neck Road #1272-388
Virginia Beach, Virginia 23454
OFFICE
(757) 417-7012
August 28,20 10
VB Department of Planning
2405 Courthouse Road
Building 2 Room 115
Virginia Beach, VA 23456
Dear Ms. Lasley,
The .First Landing Foundation would like to request the placement of five (5)
directional signs to the Historic Villages at Cape Henry, located on Joint Expeditionary
Base Little Creek- Fort Story (JEBLC-FS).
The Historic Villages at Cape Henry opened in 2007 and is operated by the First
Landing Foundation, a 501 (C) -3 organization, committed to the preservation and
restoration of natural and cultural resources. These goals are accomplished through
outreach an6 educational programming throughout the year. Our partnership with the US
Navy and other organizations allows us to create public awareness of the importance of
resource stewardship while supporting the mission of the installation.
The `Villages includes an authentic 17th century Colonial Outpost and an
American Indian Village. Through interactive interpretive programming visitors are
educated about the history of the surrounding region. Additionally, on Thursday and
Saturday evenings, the original live outdoor play "1607: First Landing" by local
playwright Chip Fortier is performed on our unique outdoor stage, overlooking the
Atlantic Ocean. A brochure describing the Villages is enclosed.
Signage is needed to direct both tourists (along Atlantic Avenue) and local
residents (along Shore Drive) to the Historic Villages. The five requested locations are
described below and designated on the attached photos and maps. Artwork for each sign
and the required application fee of $250.00 are also enclosed. The First Landing
Foundation will adhere to the sign requirements as designated in Ordinance 3119.
1. Sign heading east on Shore Drive toward the oceanfront. (3.1 miles from the
site)
2. Left arrow designating turn from Shore Drive onto Atlantic Avenue toward
the installation security Gate #8. (.6 miles from the site)
3. Right arrow designating turn from Atlantic Avenue, continuing onto Atlantic
Avenue toward the installation security Gate #8. (It's confusing for tourists to
continue on Atlantic Avenue, having to turn right. Many people continue onto
Shore Drive, not knowing that Atlantic Avenue turns right) (.6 miles from the
site)
4. Left arrow at the end of Interstate 264 at the oceanfront (Intersection of 21"
Street and Atlantic Avenue). (4.8 miles from the site)
5. Straight avow heading north at intersection of 25th Street and Atlantic Avenue.
(4.5 miles from the site)
If you have any questions, please feel free to give me a call at (757) 417-7012.
Sincerely,
Colette Amici
CEO, First Landing Foundation
-HWOfUC VUJAGRES AT CAPE MEW'
Birthplace of American History
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L. APPOINTMENTS
BOARD OF ZONING APPEALS
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD
ENERGY ADVISORY COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
PERSONNEL BOARD
PLANNING COMMISSION
RESORT ADVISORY COMMISSION
TIDEWATER YOUTH SERVICES COMMISSION
VIRGINIA BEACH TOMORROW COMMISSION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
PUBLIC COMMENT
Non -Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
CEREMONIAL OATH OF OFFICE
MEMBERS OF CITY COUNCIL
FORMAL SESSION
6:00 PM
JANUARY 4, 2011
THE HONORABLE LESLIE L. LILLEY
OFFICIATING
CITY COUNCIL
RETREAT
8:30 AM — 5:00 PM
FRIDAY and SATURDAY
January 21-22, 2011
CONFERENCE ROOM
Suite 1000
222 Central Park Avenue
TOWN CENTER
CITY OF VIRGINIA BEACH
CITY COUNCIL BRIEFING:
SUMMARY OF COUNCIL ACTIONS
A. TIDEWATER COMMUNITY
Dr. Deborah
DATE: 11/23/2010
B
COLLEGE Virginia Beach Campus
DiCroce,
PAGE: I
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Update
President
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CITY COUNCIL BRIEFING:
A. TIDEWATER COMMUNITY
Dr. Deborah
COLLEGE Virginia Beach Campus
DiCroce,
Update
President
Will
CITY MANAGER'S BRIEFINGS
A. ELECTRONIC CITY COUNCIL
Gwen Cowart,
AGENDA
Director —
Communication
and Information
Technology
B. CONSTITUTION DRIVE/THALIA
David L. Hansen,
GREENWAY
Deputy City
Manager
C. GREEN RIBBON
Bary
IMPLEMENTATION COMMITTEE's
Frankenfield,
Parking Amendments
SGA
Administrator
D. INTERIM FINANCIAL STATEMENT
Patricia Phillips,
Director —
Finance
IVNNII
CERTIFICATE OF CLOSED SESSION
CERTIFIED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
VII
BOTH CLOSED
SESSIONS
F-1
MINUTES — November 9, 2010
APPROVED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
G/H-1
MAYOR'S PRESENTATION
CCPC RECERTIFICATION
RESCHEDULED
B
Y
C
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N
S
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N
S
U
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UJ -I
ORDINANCESIRESOLUTIONS
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
CONSENT
Ordinances re COMPENSATION
a. City Manager
b. City Attorney
c. City Clerk
d. City Real Estate Assessor
e. City Auditor
CITY OF VIRGINIA BEACH
Ordinances to
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
SUMMARY OF COUNCIL ACTIONS
Y
Y
ACCEPT/APPROPRIATE:
CONSENT
DATE: 11/23/2010
B
a. $357,817 State reimbursements re
PAGE: 2
Technology Trust for Clerk of Circuit
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Ordinances to
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
ACCEPT/APPROPRIATE:
CONSENT
a. $357,817 State reimbursements re
Technology Trust for Clerk of Circuit
Court
b. $45,000 from Oyster Heritage Trust
Fund to increase oyster :zabitat in
Lynnhaven River waters]ied/continue
Oyster Shell Recycling Program
3
Ordinances to TRANSFER:
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
CONSENT
a. $362,001 from Homeland Security/$664
to Police re self-contsiined mobile
command vehicle
b. $140,300 to PW re energy
management software
K -I
MARK COOKE Nonconforming Use to
APPROVED/
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
replace a garage apartment with single
REVISED
family at 6102 Oceanfront
CONDITIONS/
Ave.DISTRICT 5 — LYNNHAVEN
ELEVATION,
BY CONSENT
2
MARK/CHRISTINE ZAPPERNICK
APPROVED/
9-2
Y
Y
Y
N
Y
N
Y
Y
Y
Y
Y
closure of unimproved, unnamed street
CONDITIONED
between Lots 13/14, Avalon Hills at
BY CONSENT
Barkwood Court/Richland Drive.
DISTRICT 1 - CENTERVILLE
3
CHRISTOPHER SCACLIONE CUP re
APPROVED/
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
community pier at 416 Caspian Avenue,
CONDITIONED
Lake Rudee. DISTRICT b - BEACH
BY CONSENT
4
POINT-TO-POINT/MCRJERS 11, LLC
APPROVED/
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
CUP re motor vehicle rentals at 5393
CONDITIONED
Wesleyan Drive. DISTRICT 4 - BAYSIDE
BY CONSENT
5
CHUNMA TAE KWON
APPROVED/
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
DO/MOUNTAIN VENTURES
CONDITIONED
VIRGINIA BEACH, LLC CUP re indoor
BY CONSENT
recreation at 3300 Princess Anne Road.
DISTRICT 7 - PRINCESS ANNE
6
TIRE EXPRESS OF NCRTH
APPROVED/
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
AMERICA/PAUL PAVANO CUP re
CONDITIONED
auto repair at 146 South Rosemont
BY CONSENT
Road/Hilber Street. DISTRICT 3 - ROSE
HALL
7
NEW CINGULAR WIRELESS PCS,
APPROVED/
10-1
Y
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
LLC/VIRGINIA BEACH SCHOOL
CONDITIONED
BOARD CUP re commun ication tower at
BY CONSENT
1272 Mill Dam Road. DISTRICT 5 -
LYNNHAVEN
CITY OF VIRGINIA BEACH
C& C DEVELOPMENT COMPANY,
S
11-0
Y
Y
SUMMARY OF COUNCIL ACTIONS
Y
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Y
W
Y
DATE: 11/23/2010
B
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PROFFERED,
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C& C DEVELOPMENT COMPANY,
S
11-0
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H
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PROFFERED,
N
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1
O
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Y
S
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N
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C& C DEVELOPMENT COMPANY,
APPROVED AS
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
INC. COZ A-12 to Conditional R -5S
PROFFERED,
between 802/828 16" Street. DISTRICT 6
BY CONSENT
-BEACH
L
APPOINTMENTS
ENERGY ADVISORY COMMITTEE
RESCHEDULED
B
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RESORT ADVISORY COMMISSION
TIDEWATER YOUTH SERVICES
COMMISSION
VIRGINIA BEACH TOMORROW
COMMISSION
BOARD OF BUILDING CODE APPEALS
Reappointed two
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
(2) year term —
01/01/2011-
12/31/2012
Thomas H.
Atherton, IIi,
Ruth W. Bell,
C. Gregory
Johnson,
Jimmie
A. Koch,
Morton H.
Savell,
Gary Smith,
Michael G.
Swindell,
James S.
Witcher,
William M.
Davenport,
Chris Ettel,
Richard C.
Hudson, III,
Mark Ricketts
— Alternate,
Kenneth
Rodman, Jr.,
Rick Savino,
Robert L.
Yoder,
Travis Chick,
Richard S.
Corner,
Peter C.
Stiffler,
James D. Wells
BOARD OF ZONING APPEALS
Appointed five
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
(5) year term —
01/01/2011 —
12/31/2015
Richard E.
if
Garriott, Jr.
CITY OF VIRGINIA BEA 01
CHESAPEAKE BAY PF.ESERVATION
Reappointed
11-0
Y
Y
Y
Y
Y
Y
Y
Y
SUMMARY OF COUNCIL ACTIONS
Y
Y
AREA BOARD
three (3) year
DATE: 11/23/2010
B
term —
PAGE: 4
E
D
S
01/01/2011 —
L
E
D
H
E
W
AGENDA
L
D
S
I
E
J
S
U
1
ITEM # SUBJECT MOTION VOTE
I
A
T
E
D
N
O
S
H
L
W
T
V
E
Z
Y
L
N
O
R
S
O
T
I
P
E
E
E
E
M
1
O
O
11-0
O
S
H
L
R
Y
S
S
N
N
D
CHESAPEAKE BAY PF.ESERVATION
Reappointed
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
AREA BOARD
three (3) year
term —
01/01/2011 —
12/31/2013
Michael H.
Levinson
COMMUNITY POLICY and
Reappointed two
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
MANAGEMENT TEAM — CSA
(2) year term —
01/01/2011 -
12/31/2012
Marianne
Dyson
COMMUNITY SERVICES BOARD
Reappointed
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
(three) 3 year
term —
01/01/2011-
12/31/2013
Brian Baldwin
— Consumer,
Diane Jones —
Family,
Sharon Slipow
— Family
HAMPTON ROADS ECONOMIC
Reappointed one
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
DEVELOPMENT ALLIANCE
(1) year term —
01/01/2011-
12/31/2011
Warren Harris,
Donald V. Jellig
Stephen R.
Romine,
William D.
Sessoms, Jr.,
Dorothy Wood
HEALTH SERVICES ADVISORY
Appointed
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
BOARD
unexpired term
thru 03/31/2013
Trey White,
DDS
CITY OF VIRGINIA BEACH
HISTORIC PRESERVATION
Reappointed
11-0
y
y
Y
Y
Y
Y
Y
Y
SUMMARY OF COUNCIL ACTIONS
Y
y
COMMISSION
three (3) year
DATE: 11/23/2010
B
term —
PAGE: 5
E
D
S
01/01/2011 —
L
E
D
H
E
W
AGENDA
L
D
S
I
E
J
S
U
I
ITEM # SUBJECT MOTION VOTE
I
A
T
E
D
N
O
S
H
L
W
T
V
E
Z
Y
L
N
O
R
S
O
T
I
P
E
E
E
E
M
1
O
O
O
S
H
L
R
Y
S
S
N
N
D
HISTORIC PRESERVATION
Reappointed
11-0
y
y
Y
Y
Y
Y
Y
Y
Y
Y
y
COMMISSION
three (3) year
term —
01/01/2011 —
12/31/2013
Glen Carwell,
Vicki Harvey,
Patrick
McAtamney,
Bernice Pope
HUMAN RIGHTS COMMISSION
Appointed
11-0
y
y
y
y
y
y
y
y
y
y
y
unexpired term
thru 03/31/2012
Dr. Agnes
Moon
PENDLETON CHILD SERVICES
Reappointed
11-0
y
y
y
y
y
y
y
y
y
y
y
MANAGEMENT BOARD
three (3) year
term —
01/01/2011 —
12/31/2013
James R.
Be doll
PLANNING COMMISSION
Reappointed
11-0
y
y
y
y
y
y
y
y
y
y
Y
four (4) year
term —
01/01/2011 —
12/31/2014
Donald H.
Horsley -
Princess Anne,
David S.
Redmond —
Bayside
Appointed four
(4)year term —
01/01/2011-
12/31/2014
Robert M.
Thornton —
L nnhaven
WETLANDS BOARD
Appointed five
11-0
y
y
y
y
y
y
y
y
y
y
y
(5) year term —
12/01 /2010 —
08/31/2016
Richard W.
Whittemore,
Alternate
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL At:TIONS
M/N
NEW BUSINESS
CITY CLERK
B
Y
C
O
N
DATE: 11/23/2010
E
N
S
U
S
ABSTRACT OF VOTES — General
TO RECORD
PAGE: 6
B
Election of November 2, 2010
E
D
S
AGENDA
L
6:27 PM
E
D
H
I
E
W
J
ITEM # SUBJECT MOTION VOTE
L
I
D
S
I
E
J
S
U
I
A
T
E
D
N
O
S
H
L
W
T
V
E
Z
Y
L
N
O
R
S
O
T
1
P
E
E
E
E
M
1
O
O
O
S
H
L
R
Y
S
S
N
N
D
M/N
NEW BUSINESS
CITY CLERK
B
Y
C
O
N
S
E
N
S
U
S
ABSTRACT OF VOTES — General
TO RECORD
Election of November 2, 2010
O
ADJOURNMENT
6:27 PM
I
J