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SEPTEMBER 10, 2013 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WlLLIAM D. SESSOMS, JR.. At-l.arge VIC6' MAYOR LOUIS R. JONL•'S, HaysFde - District 4 GL/;NN R. DAVIS, Rose Hall - Dislrict 3 WILLIAM K. DeS7EPH, At-Large ROBF.RTM. DYER, Cenlerville - Distric( l BAt2BARA M. HF.NLL:Y, Princess Anne - District 7 JOHN D.MOSS, A!-Large AMIiLIA ROSS-HAtL9MOND, Kempe'ville - Districl 2 IOHN E. UH1UN, Beach - District 6 ROS@MARY W[I SON, At-/,arge .IAb9ES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES i CITY MANACiER - JAMES K. SPORE C[TYA7TORNEY-MARKD. STILES GTY ASSESSOR - 1ER,4/.ll D. BANAGAN CLTY AUD!!'OR - I.YNDON S. 121iMlAS CIl7 CI.H.'XK RUTH HODGh'S F7ZASh'R, MMC CITY COUNCIL AGENDA 10 September 2013 1. CITY MANAGER'S BRIEFINGS - Conference Room - A. VANGUARD LANDING Development Proposal Cindy Curtis, Deputy City Manager B. VIRGINIA RETIREMENT SYSTEM - Hybrid Plan Patricia Phillips, Director - Finance Department C. FY13 YEAR-END FINANCIAL REPORT Patricia Phillips, Director - Finance Department II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW CJTY HALL BUILDING 2401 couaTHOVSF oaiVE VIRGINJA BEACH, VIRGINLA 23456-9005 PHONE.-(757) 385-4303 FAX (757) 385-5669 E- MAI/,: Ctycncl@vbgov.com 3:30 PM V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CAL•L TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Edward Martin, Francis Asbury United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES L INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. PROPOSED EXEMPTIONS FROM LOCAL PROPERTY TAXATION August 27, 2013 a. Al-Anon Service Center of Tidewater, Inc. b. Disabled American Veterans Combining Chapters Thrift Stores of Hampton Roads Virginia, Inc. c. Symphonicity, the Symphony Orchestra of Virginia Beach d. Virginia Athletic Council, Inc. 1. ORDINANCES 1. Ordinance to ADD Section 35.3-5.1 to the City Code re DEFERRAL of Special Service District Levies for qualifying Senior and Disabled Persons 2. Ordinance to DESIGNATE local properties to be TAX EXEMPT: a. Al-Anon Service Center of Tidewater, Inc. b. Disabled American Veterans Combining Chapters Thrift Stores of Hampton Roads Virginia, Inc. c. Symphonicity, the Symphony Orchestra of Virginia Beach d. Virginia Athletic Council, Inc. 3. Ordinance to APPROPRIATE $1,360,387 re "carry forward funds" previously approved in FY 2012-13 into the FY 2013-14 Operating Budget: a. $837,459 General Fund b. $218,500 Fuels Internal Fund c. $125,000 Water and Sewer Enterprise Fund d. $ 85,857 Circuit Clerk Court Technology e. $ 71,448 DEA Seized Property Special Revenue Fund f. $ 20,623 Storm Water Utility Enterprise Fund g. $ 1,500 Parks and Recreation Special Revenue Fund J. PLANNING 1. Application of NEW COVENANT PRESBYTERIAN CHURCH for a Modification of a Conditional Use Permit for additions to the existing church at 1552 Kempsville Road DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 2. Application of CRESCENT COMMUNITY CENTER CORP for a Conditional Use Permit to construct a religious center at 2438 Salem Road DISTRICT 7 - PRINCESS ANNE APPLICANT REQUESTS DEFERRAL RECOMMENDATION DEFER.RAL TO SEPTEMBER 24, 2013 3. Application of VB RECREATION, LLC for a Conditional Use Permit re an indoor commercial recreation (Trampoline Park) at 2029 Lynnhaven Parkway DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 4. Application of VISIONS COMMUNITY SERVICES, LLC for a Conditional Use Permit re an Adult Day Care at 370 Cleveland Place DISTRICT 2 - KEMPSVILLE APPLICANT REQUESTS WITHDRAWAL RECOMMENDATION ALLOW WITHDRAWAL 5. ORDINANCE to AMEND Section 212 and ADD Section 217 of the City Zoning Ordinance (CZO) re electronic displays of fuel prices RECOMMENDATION APPROVAL M. APPOINTMENTS Agricultural Advisory Commission Green Ribbon Committee Health Services Advisory Board Historical Review Board Parks and Recreation Commission Wetlands Board N. UNFINISHED BUSINESS 0. NEW BUSINESS P. 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 **************?**************** 2014 CITY COUNCIL RETREAT Economic Development Conference Room 8: 30 A. M. -5: 00 P. M. JANUARY 6TH & 7TH, 2014 2013 CITYHOLIDAYS G''eter°arzs I)ai 1, - l'VlorzrJtq9 Novcrmher II i''1ranksgivirig Day ct f)crl- nfPer ThCrnk.s?qiving A"ovember 28 ? ??ritlay, A"overntrer 29 C'hrisfrrtcts Eve (/z?clf=tttr?) - TYtesrltcj>, I)ecernber 24 C'/rristrrrcr.s X)aY - 14'erlne.sclrrY, Decetrrher 25 CITY MANAGER'S BRIEFINGS - Conference Room - 3:30 PM A. VANGUARD LANDING Development Proposal Cindy Curtis, Deputy City Manager B. VIRGINIA RETIREMENT SYSTEM - Hybrid Plan Patricia Phillips, Director - Finance Department C. FY13 YEAR-END FINANCIAL REPORT Patricia Phillips, Director - Finance Department V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Edward Martin, Francis Asbury United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS August 27, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING PROPOSED EXEMPTIONS FROM LOCAL PROPERTY TAXATION a. Al-Anon Service Center of Tidewater, Inc. b. Disabled American Veterans Combining Chapters Thrift Stores of Hampton Roads Virginia, Inc. c. Symphonicity, the Symphony Orchestra of Virginia Beach d. Virginia Athletic Council, Inc. t ? s NOTICE OF PUBLIC HEARING Proposed Exemptions from Local PropertyTaxation By Designation On Tuesday, September 10, 2013 at 6:00 PM in the Council Chamber on the second floor of the City Hall building, Municipal Center, Virginia 8each, Virginia, the City Council of the City of Virginia Beach will hold a Public Hearing on an ordinance to exempt the following entities from local real and personal property taxes: AI-Anon Service Center of Tidewater, Virginia, Inc. which has a real property assessment of $0 and personal property assessment of $364.80 for a total tax bill of $13.50; Disabled American Veterans Combining Chapters Thrift Stores of Hampton Roads, Va, Inc. which has a real properly assessment of $2,555,600 and personal property assessment of $60,011 for a total tax bill of $25,890.76; Symphonicity, the Symphony Orchestra of Virginia Beach, which has a real property assessment of $0 and personal property assessment of $22,389.60 for a total tax bill of $828.42; and Virginia Athletic Council, which has a real property assessment of $0 and tangible property assessment of $594.80 for a total tax bill of $22.00. All interested citizens are welcome to appear at the Hearing and present their views on the proposed exemptions. Individuals desiring to provitle written comments inay 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 TDD oniy 711 (TDD - Telephone Device for the Deaf.) Ruth Hodges Fraser, MMC City Clerk Beacon Sept. 1, 2013 23735209 I. ORDINANCES 1. Ordinance to ADD Section 35.3-5.1 to the City Code re DEFERRAL of Special Service District Levies for qualifying Senior and Disabled Persons 2. Ordinance to DESIGNATE local properties to be TAX EXEMPT: a. Al-Anon Service Center of Tidewater, Inc. b. Disabled American Veterans Combining Chapters Thrift Stores of Hampton Roads Virginia, Inc. c. Symphonicity, the Symphony Orchestra of Virginia Beach d. Virginia Athletic Council, Inc. 3. Ordinance to APPROPRIATE $1,360,387 re "carry forward funds" previously approved in FY 2012-13 into the FY 2013-14 Operating Budget: a. $837,459 General Fund b. $218,500 Fuels Internal Fund c. $125,000 Water and Sewer Enterprise Fund d. $ 85,857 Circuit Clerk Court Technology e. $ 71,448 DEA Seized Property Special Revenue Fund £ $ 20,623 Storm Water Utility Enterprise Fund g. $ 1,500 Parks and Recreation Special Revenue Fund ?4 fi' Y,?7 fu } ti3 .-.i ~N,?+?eskn??""t?y.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Section 35.3-5.1 to the City Code Pertaining to the Deferral of Special Service District Levies for Qualifying Senior and Disabled Persons MEETING DATE: September 10, 2013 ¦ Background: The City Council has approved four special service districts for neighborhood dredging. After adoption of the most recent special service district, City staff was directed to provide an avenue for deferral of special service district levies for qualifying seniors and disabled persons. The attached ordinance will require the home owner to make an application to the Commissioner of the Revenue as do all participants in the general tax relief program for seniors and disabled persons. The general qualification requirements include: age and/or disability; net worth limitations (currently, $350,000 excluding residence); and income. The attached ordinance permits the deferral to be in the same percentages as the owner would qualify for exemption in the general tax relief program. The current exemption bands are: Income between $0 and $47,100 eligible for 100% exemption; Income between $47,100.01 and $51,200 eligible for 80% exemption; Income between $51,200.01 and $55,300 eligible for 60% exemption; lncome between $55,300.01 and $59,400 eligible for 40% exemption; and Income between $59,400.01 and $63,450 eligible for 20% exemption. The deferred special service district levies become due and payable upon the sale of property or the disposition of the estate in the event that the property owner passes away. ¦ Considerations: The deferral program provided by the attached ordinance will require additional staff time to track participating properties and to secure payment upon the disposition of the property. Additionally, the deferral may impact the proposed cash flow pro forma provided to the various communities that have adopted and are considering participation in the neighborhood dredging special service district process. If adopted, this deferral program will be communicated to the existing participants of the neighborhood dredging SSDs and become part of the engagement portion of the process for future neighborhoods. ¦ Public Information: Public information will be provided through the normal Council agenda process. ¦ Attachment:Ordinance Requested by: The Mayor on behalf of City Council REQUESTED BY THE MAYOR ON BEHALF OF CITY COUNCIL 1 AN ORDINANCE TO ADD SECTION 35.3-5.1 TO THE CITY 2 CODE PERTAINING TO THE DEFERRAL OF SPECIAL 3 SERVICE DISTRICT LEVIES FOR QUALIFYING SENIOR 4 AND DISABLED PERSONS 5 6 SECTION ADDED: 35.3-5.1 7 8 WHEREAS, The City of Virginia Beach has previously established special service 9 districts to allow neighborhood dredging projects to proceed; and 10 11 WHEREAS, the City finds that the additional levies of taxes in such special 12 service districts may be a burden that certain qualifying senior and disabled persons are 13 unable to bear. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 1. That the Code of the City of Virginia Beach, Virginia, is hereby amended and 19 reordained as follows: 20 21 Sectian 35 3-5 1 Deferral of Dredaina Special Services District Taxes for 22 Qualifyinq Senior and Disabled Persons. 23 24 a. For those special service districts established in this Chapter 35.3 of the Code of 25 the City of Virqinia Beach the Council finds that the additional levies mav be a 26 burden that certain qualifyinq senior and disabled persons are unable to bear. 27 28 b. Any owner of propertv subiect to additional levy of Neiqhborhood Dredqinq 29 Special Service District Taxes mav bv the application procedure set forth in 30 section 35-66, apply for a deferral of such additional levies. 31 32 c. The deferral of such taxes requires the applicant meet the aqe or disability 33 criteria and net worth qualifications for the cfeferral of qeneral real estate taxes as 34 authorized by section 35-61 et seq The applicant mav defer the same 35 percentaqe of SSD levies that the applicant would be eliqible for exemption 36 pursuart to the incone reGuirements in section 35-67. 37 38 d. The accumulated amount of such taxes deferred shall be paid, to the treasurer of 39 the citv or the clerk of the circuit court, as the case mav be, by the vendor upon 40 the sale of the dwellinq or from the estate of the decedent within one year from 41 the death of the last owner thereof who qualifies for tax deferral by the provision 42 of this section Such deferred special service district taxes shall be paid without 43 penalty and without interest The deferred special service district taxes shall 44 constitute a lien upon the real estate as if they had been assessed without reqard 45 to the deferral permitted by this section; provided however, that such lien shall, 46 to the extent that they exceed the aqqreqate ten percent of the price for which 47 such real estate mav be sold be inferior to all other liens of record. 48 49 e. No later than the first dav of August on the third anniversarv of the oriqinal due 50 date had such special service district taxes not been deferred as provided herein, 51 the treasurer shall certifv to the clerk of the circuit court a list of all real estate 52 aqainst which deferred special service district taxes are still outstandinq, and the 53 clerk shall cause such deferred taxes to be recorded as a lien aQainst the 54 respective real estate as liens are customarilv recorded and to be marked as 55 deferred. 56 57 f. Any deferred amounts outstandinq after the dissolution of any special service 58 district established by this chapter shall be paid notwithstandinq such dissolution 59 and such amounts shall be directed to the Citv's aeneral fund. 60 61 2. This section shall supersede any contrary provisions adopted pursuant to the 62 Neighborhood Dredging Special Service District Program. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. APPROVED AS TO LEGAL SUFFICIENCY: .?- ? or s ice .? CA12526 R-3 September 4, 2013 2 ,\e•UUFA F` rI'C4z° ` ' ? .r ; Slf fvi :r.l ,t4t+ CITY OF VIRGINIA BEACH ? AGENDA ITEM ? ITEM: An Ordinance to Designate Organizations as Being Exempt from Local Property Taxation MEETlNG DATE: September 10, 2013 ¦ 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 (the "Policy") regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). ¦ Considerations: The Commissioner of the Revenue has received four applications for tax exemption by designation in this period. The Commissioner reviewed each application and finds the following applicants qualify for exemption from local property taxes: • AI-Anon Service Center of Tidewater, Inc. • Disabled American Veterans Combining Chapters Thrift Stores of Hampton Roads Virginia, Inc. • Symphonicity, the Symphony Orchestra of Virginia Beach • Virginia Athletic Council, Inc. AI-Anon Service Center has a related organization that was exempted by designation by the General Assembly in 1995. The two organizations are separate, which is why the ordinance is needed. Posts of the Disabled American Veterans are exempt by classification by the General Assembly pursuant to Virginia Code § 58.1-3607(A)(1). However, the Disabled American Veteran entity presented here is technically not a post. The ordinance for Symphonicity includes a retroactivity clause covering CY08 to CY13 to allow the organization to avoid a tax bill for personal property taxes in the total amount of $8,002. Although the Policy requires applicants to be current on tax obligations, Council may deviate from the Policy. Symphonicity applied for tax exemption in late 2006, and it was eligible for exemption. At that time, applications were received by the Commissioner of Revenue but were reviewed by the Community Organization Grant ("COG") Committee, which then made recommendations to the City Council. The Commissioner of Revenue's Office forwarded the application to the City Attorney's Office so that the application could be reviewed by COG, however, the application was never processed or presented to City Council. The Symphonicity exemption ordinance, including the retroactivity provision, is being brought forward at the request of the Mayor. ¦ Alternatives: City Council is not required to approve exemption requests. In regard to Symphonicity, the Council could instead grant the exemption only prospectively. If the Council desired to provide relief from some or all of the taxes currently owed by the symphony without designating the exemption as having a retroactive effect, it could instead authorize a donation to this organization pursuant to Virginia Code § 15.2-953. ¦ Public Information: A public hearing for this item will be held on September 10th, during 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, this item will be advertised in the normal Council Agenda Process. ¦ Attachments: Ordinances (4); City Council Policy on Tax Exemption by Designation; Commissioner of Revenue Summary of the Applications Recommended Action: Approval of Ordinances for: AI-Anon Service Center of Tidewater, Inc.; Disabled American Veterans Combining Chapters Thrift Stores of Hampton Roads Virginia, Inc.; Symphonicity, the Symphony Orchestra of Virginia Beach; and Virginia Athletic Council, Inc. Submitting DepartmentlAgency: Commissioner of the Revenue City Manage • ? . . r ?. ? ,? 0 Cit Council Policy 27o IIIQI.Pi'OpOSQI Tide: Ciry Council Palicy Regarding Applications for Tax Exemption by Designarion Date of AdaptiarL February 3, 24(}4 FDat; of Revisions: May 6, 2008 Page I of 4 1.0 Pur ose and Need Purpose: To establish cxiteria far approval of resolurzons by Czty CaunciI ta exempt, by designatian, Iocai nonprof r organizatians from real and personal property taxes, Need: Ciry Caunal has requested guidanre as ro critexia for coruidering exemptzons as well as a procedure for reviewing requests far exeznption from local property taxes, 'rhe Cammissioner flf tlie Revenue has offered revisions to Cauncil's palicy adopted on Eebruary 2, 2004 in an effort ta streamline the exernption review pracess for tocai nonprofit orgar2izacions and grovide necessary analysis and oversight of rhe applicatian prcxess. Legislarive $ackground The Virginia Constitution provides that, after january 1, 2003, Icxal governments znay, by designation, exempt the real and gersanal property of nonprafit organizatians from Iocal property taxes if used exclusively far religious, charitable,. patriotic, historical, benevoIent, cuZturai, or pubIzc pazk and playground- putpases. However, as prnvided in Virginia Code § 58.1-3651, che 1ocal goveming body must adopt an ordinance to exempt the PmPettY• . . 2.0 PoIicv The City Cc7uncil is not required to designare any organization properIy applying for exemptian fr4m taacarion, and every designauon a:f an organization is condirioned upon coznpliance with the terms of this policy and any ordinance grarning the exerngtion. If an organization does not camply with these requirernents, the City Council may revoke the tax exernprion after providing notice and a hearing to the organization. Any revocation of an exernption shaIl be eSecuve at the beginning af the tax year during which che revocation occurs. The applicant ar a representative of the appiicant shall provide the Commissioner of the Revenue deta"rled informatian necessary ro determine the benefits to the public that wiV result from granting. tax exempfion. Tn considering appIications, the Commissioner of the Revenue shall ernpSoy the foElowing guide3ines: ? Tide: Ciry Council Policy Regarding Appiicaaons for Tax Exemption ay Designation Date of Adopoon: Eebruary 3, 2004 Dates of itevisions: May 6, 2008 Page 2.of 4 l, The organizarion must be exempt from federal income tax pursuant to Intemal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought carmnt be used by any member of the arganizarion or orher persons except fox non-profit purposes benefiting the non-praf t organizatian applying for exemption. 3. The arganization must be in camplzarice with all City ordinances and regulations (including ' but not limited to buiIding, praperty maintenance, and zoning codes) and a1I appIicable taY abiigations. 4. The organization must provide a service to the residents of the City that resuhs in a benefit to the public (tangible or intangible). The following requirements apply to each entity exernpted from Iocai praperry taxes by the City Council: I. Upon obtaining exemprion, the organizatian must annually subrnit (by Julp I of each year) its Internaf Revenue Service Forrn 990 ar 990 EZ to the Comznissioner of the Revenue. If not required to file Forrn 990 or 990 EZ, then the organizacion must annuaily certify on fann(s) grescribed by the Commissianer of the Revenue its continuing tax exempt status. Loss of 50I(c) starus must imrnediately be reported to the Commissioner Qf the Revenue and City Attorney, and is grounds for revocation of tax exemgt status. 2. Pursuant ro Virginia Code § 58.I-3605, each entity exempted frorci iflcal properry taxes shaIf, every tlxree years, file an exemption applicatian with the Cammissioner of the Revenue as a requirempnt for retention of the exerztpt status of the property. The application form shall be approved as to form by the Ciry Attorney. 3. Each entity exempted frorn 1ocal property ta7ces must coopezate fu]!y with the Cammissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this poliry, and cornpliance with any ordinance granring tax exernption. 3.0 Procedure co Accompiish Policv l. Organizations agplying for exemption must request a determination frorn the Cammissioner of the. Revenue as ta whether the organizarian is or may be tax-exernpt by classif cation, pursuant to Article 2(§58.1-3606 et seq.) ar°Article 3(§5$.I-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 designatian (see Virginia Cade §58.1-3651), the organizatian will receive Titfe: City Council Policy Regarding Applications for Tax Exempuon by Designarion Date of Adoption Fe6ruary 3, 2044 Dates of Revisions: May b, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The applicarion form shaIl request aII in{ormation required by Virginia Code §5$.1-3651 and be approved as to forrn by the City. Attomey. 2. AppIicaaans far exemprion shaII be considered qaarterly. AppIicarions far exemptiori must be submztted to the Commissianer of the Revenue. AppIications shaII be submitted no later than October 1 of the year precetiing the effective date of the exemption. Based an the aiteria set forth in section 2.0 of this policy, the Commissianer of the Revenue will revzew each application and make a report to City Cauncil regarding whether an organization quaIif es for exemption under Iaw and City policy. The Cornmissioner of d7e Revenue will not submif applications he deems incamplete to City Cound for a determinarion. 3. The Corrzmissioner of the Revenve shall forward copies of the agplicatinns aIong with his written findings to the City Attorney. The City Attomey shall prepare the necessary ordinances for City Caunci! 'and coordinace with the City CIerk ta ensure that the applicatians are properly advertised and placed on the City Council's agenda far a pubhc heazing and formaI consideration. 4. The City Council will conduct a public hearing and consider the aiteria set forth in Virginia Code §58.I-3651, sectian 2.0 of this policy, and the findings af the Cammissioner of the Revenue. 5. Any exemptions granted shaIl be effective as o#' the next January 1. . 6. Exemptions, as well as any departure from these guidelines, shati require approval by three- faurths (3/4) of the me,nbers of Ciry Council. 4.0 Respansibilitv and Authority Responsibility for inztiaung application far exemption and rimefy providing any informalivn ar applicatian required by the Coznmzssioner af the Revenue shaIl rest with the organization seekirg exemprion. Responsibility far malting avaiiable informauon, appiication for exemption, verifying submitted tax information and reporcing on the initial and cantinuing status of the taxpayer shall rest with the Commissianer of the Revenue. ResponsibiIiry for preparzng required ordinances, arranging for. the advertising of public hearings, and placing items on the City Council's agenda for a vote on pr4posed exemptions shall rest with the Ciry Attorney. Responsibi.lity far the #inal determinarion of the public benefirs resulring frQrn tax exemption shall rest exciusively with the Ciry Counal. Tit3e: Ciry Ccuncil Policy Regarding Applications for Tax Exemptian by Design:ition Date of Adoption: _=ebruary 3, 2004 Dates of Revisions: May b, 2008 Page 4 of 4 5.4 Definirions PUBLIC BFNEFTT- Any benefit or advantage exgected to be reaIized by the public, whether tangible or iiZtangible, which may accompany the tax exemptian. LOCAL PROPERTY TAXES- Ad valorem taxes Ievied by the City of Vixginia Beach on real estare or ranf;ible persona[ progerty. 6. 0 Specific Requirements In addirion to the procedures and responsibilities set forth 'rn paragraphs 3.0 and 4.0, respectivety, documentaticsn forwarded to the City Council shall include submzssion af an applicarion form in form and substance substantially as presented in the attached Exhihit ,A, as well as any additional informarion that the applicant wishes to gresent ta the City CounciL OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Al-Anon Service Center of Tidewater 281 Independence Blvd #406 Virginia Beach, VA 23462 Website: http://tidewaterasc.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY: The Al-Anon Service Center (which includes Alateen for younger members) is a fellowship of relatives and friends of alcoholics who share their experience, strength, and hope, in order to solve their common problems. Al-Anon is not allied with any sect, denomination, political entity, organization, or institution; does not engage in any controversy, neither endorses nor opposes any cause. There are no dues for membership. Al-Anon is self-supporting through voluntary contributions. Al-Anon has one purpose: to help families of alcoholics. They accomplish this by practicing the Twelve Steps, by welcoming a_n_d giving comfort to families of alcoholics, and by giving understanding and encouragement to the alcoholic. TAX IMPACT: Real Property Assessment: None Tax: None Business Property: Assessment: 364.80 Tax: $13.50 Personal Property Assessment: None Tax: None RELEVANT INFORMATION: IRS Granted 501 (c) 3 status - 10/30/2012 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION Disabled American Veterans Combining Chapters Thrift Stores of Hampton Roads Virginia lnc. D. A. V. Thrift Store D. A. V. Thrift Store 1525 General Booth Blvd 5517 Virginia Beach Blvd Virginia Beach, VA 23454 Virginia Beach, VA 23462 Website: http://davthrift.org/about-us.html SUMMARY OF NONPROFIT BUSINESS ACTIVITY: The Disabled American Veteran's Thrift Stores' goal is to provide quality merchandise at excellent prices to their customers in a clean, inviting store, giving outstanding service, while providing their employees a healthy, rewarding work environment. The monies earned support the local DAV Chapters, which provide support to the Veterans Administration hospitals and its veteran support agencies, local social service agencies, and other community activities in the local Hampton Roads area. 1525 General Booth Blvd is a new business; D. A. V. is seeking exemption for real estate and business property taxes. 5517 Virginia Beach Blvd real estate was previously exemption as a post. D. A. V. is seeking exemption for personal property taxes. TAX IMPACT: Real Property Business Property: Personal Property (4 Vehicles) Assessment: $2,555,600.00 Tax: $23,670.36 Assessment: $ 50,535.60 Tax: $ 1,869.82 Assessment: $9,475 Tax: $350.58 RELEVANT INFORMATION: IRS Granted 501 (c) 4 status - 6/24/1942 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Symphonicity, the Symphony Orchestra of Virginia Beach 281 Independence Blvd #421 Virginia Beach, VA 23462 Website: http://www.symphonicity.org/ SUMMARY OF NONPROFIT SUSINESS ACTIVITY: The Mission of Symphonicity is to provide high quality music for everyone, to afford an opporiunity for performers, and to educate young musicians. Through their education and outreach programs, Symphonicity provides youth concerts, lecture- demonstrations, family concerts, school concerts, adult education. They also afford opportunities for musical education to youth and others that would not otherwise have access to music education. The all-volunteer orchestra provides seven free concerts each year for the citizens of Virginia Beach to enjoy a long with several other low cost performances. TAX IMPACT: Real Property Business Property: Personal Property Back Taxes Assessment: None Tax: None Assessment: $23,389.60 Tax: $828.42 Assessment: None Tax: None Year Base Tax Penalty Interest Total 2008 $766.33 $76.63 $122.23 $965.19 2009 $1,379.51 $137.95 $220.03 $1,737.49 2010 $1,423.91 $142.39 $227.11 $1,793.41 2011 w1,458.20 't 145.83 $234.19 $1,849.31 2012 $828.42 0.00 0.00 $828.42 2013 $828.42 0.00 0.00 $828.42 Treasurer Collection Admin Fee $20.00 Total $8,002.24 IZELEVANT INFORMATION: IRS Granted 501 (c) 3 status - 12/28/1982 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Website: http:/!vac365.org Virginia Athletic Council 2948 Beaden Drive Virginia Beach, VA 23456 SUMMARY OF NONPROFIT BUSINESS ACTIVITY: The Virginia Athletic Council provides training, technical assistance and solutions that address the apparent increase of unlawful activity amongst student athletes thereby better preparing them to handle the responsibilities and challenges of high profile athletic competition and team leadership. They mentor, inform and assist athletes prior to, during and after their career to help to prepare for postgraduate and/or professional athletic endeavors. VAC provides information to students about college requirements, social pressures, sportsmanship, professional careers and how to reach their full potential through sports. TAXIMPACT: Real Property Assessment: None Tax: None Business Property: Assessment: 594.80 Tax: $22.00 Personal PropertyAssessment: Assessment: None TaY: None RELEVANT INFORMATION: IRS Granted 501 (c) 3 status - 08/31/2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AN ORDINANCE TO DESIGNATE AL-ANON SERVICE CENTER OF TIDEWATER, INC., AS BEING EXEMPT FROM REAL AND PERSONAL PROPERTY TAXATION WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local real and personal property taxes to the AI-Anon Service Center of Tidewater, Inc. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates AI- Anon Service Center, Inc., of Tidewater as a charitable organization within the context of § 6(a)(6) of Article X of the Constitution of Virginia. 2. That real and personal property owned by AI-Anon Service Center of Tidewater located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property by AI-Anon Service Center of Tidewater for exciusively charitable purposes; (b) that each July 1, AI-Anon Service Center of Tidewater 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 January 1, 2016, AI-Anon Service Center of Tidewater 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 AI-Anon Service Center of Tidewater 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, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: . A J, 1A Com ssion f e Revenue CA12704 R-1 July 29, 2013 APPROVED AS TO LEGAL 1 AN ORDINANCE TO DESIGNATE DISABLED 2 AMERICAN VETERANS COMBINING CHAPTERS 3 THRIFT STORES OF HAMPTON ROADS VIRGINIA, 4 INC., AS BEING EXEMPT FROM REALAND PERSONAL 5 PROPERTY TAXATION 6 7 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 8 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 9 granting an exemption from local real and personal property taxes to the Disabled 10 American Veterans Combining Chapters Thrift Stores of Hampton Roads Virginia, Inc. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 16 Disabled American Veterans Combining Chapters Thrift Stores of Hampton Roads Virginia, 17 Inc. ("Disabled American Veterans"), as a charitable organization within the context of § 18 6(a)(6) of Article X of the Constitution of Virginia. 19 20 2. That real and personal property owned by Disabled American Veterans located 21 within the City of Virginia Beach that is used exclusively for charitable purposes on a 22 nonprofit basis is hereby exempt from local property taxation. 23 24 3. This exemption is contingent on the following: 25 26 (a) continued use of the property by Disabled American Veterans for exclusively 27 charitable purposes; 28 29 (b)that each July 1, Disabled American Veterans shall file with the 30 Commissioner of the Revenue a copy of its most recent federal income tax 31 return, or if no such return is required, it shall certify its continuing tax exempt 32 status to the Commissioner of the Revenue; 33 34 (c) that every three years, beginning on January 1, 2016, Disabled American 35 Veterans shall file an exemption application with the Commissioner of the 36 Revenue as a requirement for retention of the exempt status of the property; 37 and 38 39 (d) that Disabled American Veterans cooperate fully with the Commissioner of 40 the Revenue with respect to audit of its financial records, compliance with the 41 terms of this ordinance. 42 43 4. That the effective date of this exemption shall be January 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2013. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Com ission r the Revenue CA12699 R-1 July 22, 2013 APPROVED AS TO LEGAL REQUESTED BY MAYOR SESSOMS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 AN ORDINANCE TO DESIGNATE SYMPHONICITY, THE SYMPHONY ORCHESTRA OF VIRGINIA BEACH, AS BEING EXEMPT FROM REAL AND PERSONAL PROPERTY TAXATION WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local real and personal property taxes to the Symphonicity, the Symphony Orchestra of Virginia Beach. 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 Symphonicity, the Symphony Orchestra of Virginia Beach, ("Symphonicity") as a charitable organization within the context of § 6(a)(6) of Article X of the Constitution of Virginia. 2. That real and personal property owned by Symphonicity located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property by Symphonicity for exclusively charitable purposes; (b) that each July 1, Symphonicity 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 January 1, 2016, Symphonicity 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 Symphonicity 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 this ordinance be given retroactive effect to relieve Symphonicity of any unpaid property taxes owed to the City during the relevant limitations period. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of )2013. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: i ?,. Cfi y? Office cal 2707 R-1 July 31, 2013 1 AN ORDINANCE TO DESIGNATE THE VIRGINIA 2 ATHLETIC COUNCIL, INC., AS BEING EXEMPT FROM 3 REAL AND 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 real and personal property taxes to the Virginia Athletic 8 Council, Inc. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 14 Virginia Athletic Council, Inc., as a charitable organization within the context of § 6(a)(6) of 15 Article X of the Constitution of Virginia. 16 17 2. That real and personal property owned by Virginia Athletic Council located within 18 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 19 basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property by Virginia Athletic Council for exclusively 24 charitable purposes; 25 26 (b) that each July 1, Virginia Athletic Council shall file with the Commissioner of 27 the Revenue a copy of its most recent federal income tax return, or if no such 28 return is required, it shall certify its continuing tax exempt status to the 29 Commissioner of the Revenue; 30 31 (c) that every three years, beginning on January 1, 2016, Virginia Athletic 32 Council shall file an exemption application with the Commissioner of the 33 Revenue as a requirement for retention of the exempt status of the property; 34 and 35 36 (d) that Virginia Athletic Council cooperate fully with the Commissioner of the 37 Revenue with respect to audit of its financial records, compliance with the 38 terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: - Commissioner o he Revenue CA12697 R-1 July 22, 2013 APPROVED AS TO LEGAL r ? ?+ L? >4? CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: An Ordinance to Carry Forward and Appropriate $1,360,387 for Purposes Previously Approved in FY 2012-13 into the FY 2013-14 Operating Budget MEETING DATE: September 10, 2013 ¦ Background: The Annual Appropriation Ordinance provides for the carry forward of appropriation authority to the next fiscal year for authorized obligations and encumbrances. See § 8 of the FY 2013-14 Operating Budget Appropriation Ordinance. Additionally, funds that are approved for a specific purchase or contract, but remain unobligated or unencumbered at the end of the year, may be requested by departments to be carried forward to the next fiscal year. Situations that might necessitate funds being carried forward include the following: Funding was approved in FY 2012-13 to purchase a piece of equipment or renovate a small building but, due to extenuating circumstances, the department did not finalize the purchase or complete the project prior to the end of the fiscal year; Funds were approved by City Council by a budget amendment or City Manager by authorized transfer late in the fiscal year and the expenditure could not be completed prior to the end of the fiscal year; and Funds provided for a specific grant program were unused during the fiscal year and are being carried forward to combine with grant funds in the new fiscal year. Funds that are approved to be carried forward are then re-appropriated from the fund balance of their respective funds into the current fiscal year. Budget and Management Services reviews all departmental carry forward requests to determine that the request meets the eligibility requirements (discussed below) and also to ensure that there is sufficient fund balance to meet City Council's fund balance policy. w Considerations: Criteria applied by Budget and Management Services to deterrnine whether or not funds are eligible to be carried over from one fiscal year to the next are as Follows: • The funds requested to be carried over must remain in the same fund, budget unit, and account code in the new fiscal year as they were in the old fiscal year; • Situations outside ofi the control of the department prevented the expenditure of funds for the uses for which they were originally budgeted; • Funds that are intended for a specific timeframe; such as personal services, are not eligible for consideration; • The purpose for which funds are requested to be cai-ried forward are not also budgeted in the department in the new fiscal year; • Funds can only be carried forward to the new fiscal year for the same purpose that they were specifically budgeted in the previous fiscal year; • Funding is available in the legal appropriation unit (as identified in the Operating Budget Ordinance) or department to be carried over to the next fiscal year; and • The item(s) for which funding is requested to be carried over must be critical to the mission of a program or service offered by fhe City. The total amount of this request is $1,360,387. Of that amount, $837,459 is for the General Fund; $71,448 is for the DEA Seized Property Special Revenue Fund; $1,500 is for the Parks and Recreation Special Revenue Fund; $125,000 is for the Water and Sewer Enterprise Fund; $20,623 is for Storm Water Utility Enterprise Fund; $218,500 is for the Fuels Internal Service Fund; $85,857 is for the Circuit Clerk Court Technology Fund. ¦ Public Information: Public information will be handled through the normal City Council agenda process. ¦ Attachments: Ordinance, Exhibit A: FY 2012-13 Items Requested for Carry Forward into FY 2013-14. Recommended Action: Approval of Ordinance _.? Submitting Department/Agency: Budget and Management Servic ?!'?? ? • O?b? City Manager: b V- V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO CARRY FORWARD AND APPROPRIATE $1,360,387 FOR PURPOSES PREVIOUSLY APPROVED IN FY 2012-13 INTO THE 2013-14 OPERATING BUDGET WHEREAS, funds totaling $1,360,387 was unexpended at the close of the FY 2012-13 fiscal year and require re-appropriation to achieve the purposes for which such funds were included in the FY 2012-13 Operating Budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $1,360,387 is hereby appropriated in the FY 2013-14 Operating Budget for the purposes and amounts as set forth in the attachment entitled "Exhibit A: FY 2012-13 Items Requested for Carry Forward into FY 2013-14," with revenue from the respective fund balances of each fund. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: anage en Services City'At y' ice CA12726 R-1 August 27, 2013 Exhibit A: FY 2012-13 Items Requested for Carry Forward into FY 2013-14 Department Amount Purpose / Comments Finance-Comptroller's Office $ 14,800 Replacement of the Comprehensive Annual Financial Reporting (CAFR) softwa re. Police-Support $ 27,086 Subscription charge for the False Alarm Reduction project. Public Works-Buildings $ 20,000 Obtain condition assessment of 17 bronze statues and place them on a maintenance plan. Libraries $ 200,812 Funding allocated for Library books and materials. Planning-Directors Office $ 114,900 Provide support for hardware and licenses for the Accela Automation program. Economic Development $ 52,810 Outside legal fees for the Cavalier Hotel Project. Arts and Humanities Commission $ 43,214 Return of unexpended funds to arts and cultural obligations. Non Departmental-COG $ 17,396 In FY 2012-13 the Mary Buckley Foundation was awarded $35,290 under the COG program. Only $17,645 was requested in July 2012, but the remaining amount hasn't been requested yet. Emergency Communications and Citizen $ 52,000 Backup recording solution for 911 phones. Museums-Aquarium & Marine Science $ 273,391 New radio system approved by City Council on June 25, 2013. Center Administration Museums-Coastal Resources $ 21,050 VA Coastal Resources (DEQ) grant funding for grant position. TOTAL GENERAL FUND $ 837,459 Police - DEA - K-9 $ 13,500 Purchasing of police canines. Police - DEA - Uniform Patrol $ 36,887 Replace and upgrade components to the oceanfront security camera system. Police - DEA - Special Investigative Division $ 8,361 The Police Department retains useful vehicles that are seized through Federal or State seizure laws. The Department must pay a fixed percentage of a vehicle's value to Federal or State agencies. Police - DEA - Special Investigative Division $ 12,700 For confidential investigation funding. TOTAL DEA SEIZED PROPERTY SPECIAL $ 71,448 REVENUE FUND 1 of 2 Exhibit A: FY 2012-13 Items Requested for Carry Forward into FY 2013-14 Department Amount Purpose / Comments Parks and Recreation-Youth Opportunities $ 1,500 Remaining funds received from the Virginia State Parks for the Youth Office Service. TOTAL PARKS AND RECREATION $ 1,500 SPECIAL REVENUE FUND Public Utilities-Meter Operations $ 125,000 Purchase of the Radix hand held replacements for the operation and billing of water and sanitary sewer accounts. TOTAL WATER AND SEWER FUND $ 125,000 Public Works-Construction and Engineering $ 20,623 Utility hookups for the new modular building which includes: electrical, plumbing, and communications. The modular building provides workspace for 16 technical staff. TOTAL STORM WATER UTILITY FUND $ 20,623 Public Works-Fleet Management $ 93,500 Fuel Focus Vehicle Information Boxes for accurate vehicle and fueling data. Public Works-Fleet Management $ 125,000 HID cards to access Fleet Fuel Focus fueling stations. With the delay in the VIB testing the cards can't be obtained. TOTAL FUELS INTERNAL SERVICE FUND $ 218,500 Clerk of Circuit Court $ 85,857 State funds to be used for the purchase of technology equipment, services and software. TOTAL CIRCUIT COURT CLERK $ 85,857 TECHOLOGY FUND TOTAL CARRY FORWARDS $ 1,360,387 2 of 2 J. PLANNING l. Application of NEW COVENANT PRESBYTERIAN CHURCH for a Modification of a Conditional Use Permit for additions to the existing church at 1552 Kempsville Road DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 2. Application of CRESCENT COMMUNITY CENTER CORP for a Conditional Use Permit to construct a religious center at 2438 Salem Road DISTRICT 7 - PRINCESS ANNE , APPLICANT REQUESTS DEFERRAL RECOMMENDATION DEFERRAL TO SEPTEMBER 24, 2013 3. Application of VB RECREATION, LLC for a Conditional Use Permit re an indoor commercial recreation (Trampoline Park) at 2029 Lynnhaven Parkway DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 4. Application of VISIONS COMMUNITY SERVICES, LLC for a Conditional Use Permit re an Adult Day Care at 370 Cleveland Place DISTRICT 2 - KEMPSVILLE APPLICANT REQUESTS WITHDRAWAL RECOMMENDATION ALLOW WITHDRAWAL 5. ORDINANCE to AMEND Section 212 and ADD Section 217 of the City Zoning Ordinance (CZO) re electronic displays of fuel prices RECOMMENDATION APPROVAL / ?4?:.?.•1? NOTICE OF PUBLIC NEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Builtling, Municipal Center, 2401 Courthouse Drive, Virginia Beach, Virginia, on Tuesday, September 10, 2013, at 6:00 P.M., at which time a Public Hearing to consider the following applications will be heid: PRINCESSANNE - DISTRICT 7 Crescent Community Center Corp - S.L. Etheridge, LLC ApplicaUOn: Conditional Use Peimit for a religious use. Request is to construct a religious center on a 9.164 acre parcel at 2438 Salem Road (GPIN 1484334492). R0.SE HALL - DISTRICT 3 VB Recreation, LLC - ELIAS PROPERTIES SALEM CROSSING, LLC Application: C^^^+^"oI Use Permit for indoor commercial recreation facility (indoor trampoline park) at 2029 Lynnhaven Parkway (GPIN 1475868600). CENTFRVILLE - DISTRICT 1 New Covenant Presby[erian Church Application: M^^ifi"a*i^n of c'onditions of a Use Permit for a church granted on December 15, 1999. Request is for additions to the existing structure at 1552 Kempsville Road (GPIN 1465253375). CITY OFVIRGINIA BEACH Ordinance to Amend Section 212 and add a new Section 217 of the City Zoning Ordinance pertaining to electronic displays of motor vehicle fuel prices. KEMPSVILLE - DISTRICT 2 Visions Community Services, LLC - LEWIS & JANE HARRISON Application: Applicant has requested Wlthdrdwal. Conditional I Permit for an adult tlay care with a maximum of thirty-five (35) atlWts at 370 Cleveland Place (GPIN 1467751405). All interested citizens are invited to attend. Ruth Hodges Fraser. MMC City Clerk Copies of the proposed ortlinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at For information call 385-4621. If you are physicalry disabled or visualy Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 430.9. ` Beacon Aug. 25 & Sept. 1, 2013 23725852 y ? O ? ? 0 V ? 0 c? W J ? ? W H Z W ? ° ?o ? ? a g C a+ 04 lk N O? ?a c° oC U -;? ?0 e ?o ?a` C 4) Nro , c?i' .., f O`1? ? ??"L7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW COVENANT PRESBYTERIAN CHURCH (Applicant & Owner), Modification of Conditions of a Use Permit for a church granted on December 15, 1999. 1552 Kempsville Road (GPIN 1465253375). CENTERVILLE DISTRICT. MEETING DATE: September 10, 2013 ¦ Background: The applicant is applying for a Modification of Conditions for the purpose of constructing a 32-foot tall, 16,863 square foot addition to the existing church building located on the site. The Conditional Use Permit allowing the church was approved by the City Council on March 28, 2000. The Use Permit has two conditions, which require adherence to the site and building plans submitted with the Use Permit. The sanctuary structure currently located on the site was built soon after the approval of the Conditional Use Permit. While the conditioned site plan also showed future expansions, none were constructed. The applicant now proposes to expand the church; however, the proposed plans are different from the plans approved in 2000. As a result, the conditions of the Use Permit must be modified to allow the applicant to develop the site as now proposed. ¦ Considerations: Currently located on the site are a single-story 8,574 square foot sanctuary structure built in 2000, a 5,335 square foot wooden modular structure housing church offices and meeting rooms, and another 2,270 square foot wooden modular structure housing Sunday School classrooms, a kitchen, and a meeting room. The applicant proposes demolishing the two wooden modular structures to the southwest of the existing sanctuary structure and constructing a 16,863 square foot addition to the southeast (rear) of the existing sanctuary structure. This addition will serve as the Fellowship/Multi-Purpose portion of the church, and will include a kitchen, dining area, and classrooms. Each side of the proposed addition will have an exterior access point. The access point facing Kempsville Road on the northwest side of the site will serve as the new main entrance for the entire facility. Currently, the main entrance to the church is located at the rear of the building. Located in the general area of the two demolished modular structures will be an additional 33 parking spaces as well as a drive aisle that will provide vehicular circulation and allow passengers to be dropped-off under a porte-cochere. Eight New Covenant Presbyterian Church Page 2 of 3 more parking spaces, six of which will be for handicapped individuals, will be located on the northeast side of the facility. Due to the increase to the area of the site that will be impermeable, bio-retention beds are proposed at the rear of the site within an open grassy area as well as between the existing sanctuary structure and the proposed parking to the southwest. These beds are meant to remain partially dry, based on the weather, and will be covered with grass and landscaping. Construction is proposed to take place in two phases. Phase I will include the demolition of the wooden structure closest to the southwest lot line and construction of the Fellowship/Multi-Purpose addition. The Sunday School classrooms that are currently located within this structure to be demolished will be temporarily relocated to the remaining wood structure closest to the existing sanctuary building. Phase II will consist of the construction of the Fellowship/Multi-Purpose and the porte-cochere, the demolition of the final wooden structure, and the reconfiguration of the parking and landscaping. Details pertaining to the building and site details and staff's evaluation of the request are provided in the attached staff report. 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. All conditions attached to the Conditional Use Permit granted by the City Council on March 28th, 2000 are deleted and superseded by the conditions herein. 2. The site layout and landscaping shall substantially conform to the submitted site plan entitled "Modification of Conditions Application Exhibit for NEW COVENANT PRESBYTERIAN CHURCH," dated June 3, 2013, with the exception of the location of the rear bioretention bed, which shall be determined during development site plan review. 3. All new construction shall substantially conform to the submitted architectural elevations entitled, "NEW COVENANT PRESBYTERIAN CHURCH, BUILDING ELEVATIONS," and dated 6-3-2013. 4. Unless otherwise required by Public Works / Traffic Engineering during development site plan review, the existing point of vehicular access on New Covenant Presbyterian Church Page3of3 Kempsville Road shall be the only access point. 5. Phase I shall consist of the construction of the primary portion of the Fellowship/Multi-Purpose addition, eight parking spaces to the northeast of the existing sanctuary structure, the drive aisle that will go around the Fellowship/Multi-Purpose addition to the existing rear parking lot, the rear bioretention bed, and the demolition of the 2,770 square foot wooden structure. 6. Phase II shall consist of the construction of the two additions to the Fellowship/Multi-Purpose addition, a playground, 37 parking spaces to the southwest of the existing sanctuary structure, a porte-cochere connecting to the existing sanctuary structure, bioretention bed, and the demolition of the 5,335 square foot wooden structure. 7. A landscaping plan meeting the requirements of the Zoning Ordinance shall be submitted at site plan review. The layout of existing and proposed parking areas may slightly deviate from the submitted site plan to meet the minimum parking lot landscaping requirements. 8. The applicant shall ensure a minimum of Category I landscape screening exists along the side and rear lot lines at all times. 9. The development site plan submitted to the Planning Department / Development Services Center shall include a lighting plan. The lighting plan should include the height of poles located in the parking lot and the location of all pole-mounted and building-mounted lighting fixtures. The plan should list the type of lamp, wattage, and type of fixture. Full cut-off fixtures shall be used for parking lot lighting. ¦ 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 Department City Manager. S k. ? ;E?vremnue , ...,, R'13 RT. .d'? Modification o1 Conditions 9 August 14, 2013 Public Hearing APPLICANT & PROPERTY OWNER: NEW COVENANT PRESBYTERIAN CHURCH STAFF PLANNER: Kristine Gay REQUEST: Modification of a Conditional Use Permit for a religious use, approved by the City Council on March 28, 2000. ADDRESS / DESCRIPTION: 1552 Kempsville Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14652533750000 CENTERVILLE 4.46 acres Less than 65 d6 DNL BACKGROUND / DETAILS OF PROPOSAL The applicant is applying for a Modification of Conditions for the purpose of constructing a 32-foot tall, 16,863 square foot addition to the existing church building located on the site. The Conditional Use Permit allowing the church was approved by the City Council on March 28, 2000. The Use Permit has two conditions, which require adherence to the site and building plans submitted with the Use Permit. The sanctuary structure currently located on the site was built soon after the approval of the Conditional Use Permit. While the conditioned site plan also showed future expansions, none were constructed. The applicant now proposes to expand the church; however, the proposed plans are different from the plans approved in 2000. As a result, the conditions of the Use Permit must be modified to allow the applicant to develop the site as now proposed. Currently located on the site are a single-story 8,574 square foot sanctuary structure built in 2000, a 5,335 square foot wooden modular structure housing church offices and meeting rooms, and another 2,270 square foot wooden modular structure housing Sunday School classrooms, a kitchen, and a meeting room. The applicant proposes demolishing the two wooden modular structures to the southwest of the existing sanctuary structure and constructing a 16,863 square foot addition to the southeast (rear) of the existing NEW COVENANT PRESBYTERIAN CHURCH Agenda Item 9 Page 1 sanctuary structure. This addition will serve as the Fellowship/Multi-Purpose portion of the church, and will include a kitchen, dining area, and classrooms. Each side of the proposed addition will have an exterior access point. The access point facing Kempsville Road on the northwest side of the site will serve as the new main entrance for the entire facility. Currently, the main entrance to the church is located at the rear of the building. Located in the general area of the two demolished modular structures will be an additional 33 parking spaces as well as a drive aisle that will provide vehicular circulation and allow passengers to be dropped- off under a porte-cochere. Eight more parking spaces, six of which will be for handicapped individuals, will be located on the northeast side of the facility. Due to the increase to the area of the site that will be impermeable, bio-retention beds are proposed at the rear of the site within an open grassy area as well as between the existing sanctuary structure and the proposed parking to the southwest. These beds are meant to remain partially dry, based on the weather, and will be covered with grass and landscaping. As shown on the submitted building elevations, exterior materials include EIFS walls, standing seam metal roof, and vertical metal siding panels. Construction is proposed to take place in two phases. Phase I will include the demolition of the wooden structure closest to the southwest lot line and construction of the Fellowship/Multi-Purpose addition. The Sunday School classrooms that are currently located within this structure to be demolished will be temporarily relocated to the remaining wood structure closest to the existing sanctuary building. Phase II will consist of the construction of the Fellowship/Multi-Purpose and the porte-cochere, the demolition of the final wooden structure, and the reconfiguration of the parking and landscaping. The overall use and operation of the church will not change. The church will continue to operate seven days a week, with regular church hours of 9:00 a.m. to 5:00 p.m. and Sunday School and worship from 8:00 a.m. to 1:30 p.m. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Religious Use SURROUNDING LAND North: . Single-family homes / R-7.5 Residential District USE AND ZONING: South: . Single-family homes / R-7.5 Residential District East: . Single-family homes / R-7.5 Residential District West: . Single-family homes / R-7.5 Residential District NATURAL RESOURCE AND With the exception of the existing church and parking, the majority CULTURAL FEATURES: of the site is grass field. COMPREHENSIVE PLAN: The Comprehensive Plan defines the area of which the subject site is located as Suburban Area. To maintain the stability of Suburban Areas, the Comprehensive Plan recommends the preservation of neighborhood quality, the creation and protection of open spaces, and the connection of suburban mobility. Compatible infill development, quality materials, attractive site and building design, improved mobility, residential buffering, and environmental sensitivity are all suggested by the Comprehensive Plan. NEW COVENANT PRESBYTERIAN CHUitCH Agenda Item 9 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Kempsville Road in the vicinity of this application is considered a four-lane divided minor urban arterial. The Master Transportation Plan proposes a six-lane facility within a 150-foot wide right-of-way. Currently, this segment of roadway is functioning over-capacity at a LOS F. There are no Roadway Capital Improvement Program projects directly impacting this site. Access to Kempsville Road will remain unchanged. A right-turn lane into this site is already provided on Kempsville Road. TRAFFIC: Street Name Present Volume present Capacity Generated Traffic Kempsville Road 32,806 ADT 14,800 ADT Existing and Proposed Land Use 2- 611 ADT 198 Peak Hour Vehicles total Average Daily Trips Z no change in enerated trips since the capacit of the sanctua is not increasing WATER: The site currently connects to City water. There is an existing 1.5-inch meter (ID #95012575) that can be used or upgraded to accommodate the proposed development. There are two existing 20- inch City water mains along Kempsville Road. SEWER: This site currently connects to City sanitary sewer. Sanitary sewer and pump station analysis for Pump Station #449 is required to determine if future flows can be accommodated. There is an existing 8- inch City sanitary sewer main along Kempsville Road. There is a 24-inch force main along Kempsville Road. EVALUATION AND RECOMMENDATION The applicant is requesting a Modification to the Conditional Use Permit, approved by City Council on March 28, 2000, for the purpose of constructing of a 16,863 square foot church addition. The proposed building elevations show the main building entrance located on the Kempsville Road facing faCade; currently, the main entrance is on the rear of the building. This shift of the main entrance to the front will bring much of the outdoor congregating activity to the front of the site and make it visible from the street. The red brick and earth tones of the EIFS walls, as shown on the submitted rendering and as called out on the aforementioned elevations, will match and complement the exterior of the existing sanctuary structure. Staff finds the building design appropriate, but encourages the applicant to use the vertical metal siding panels only on the portions of the facades that do not directly face the street. The metal panels should not be a primary exterior material for the building. Staff will work with the applicant regarding this issue during the review of the submitted plans. NEW COVENANT PRESBYTERIAN CHURCH Agenda Item 9 Page 3 As a result of the changes to the site layout, vehicular circulation and parking will be in closer proximity to the adjacent residential area. The Category I screening on the site will be increasingly vital to help prevent noise and headlights from impacting the adjacent homes, as well as to provide a more visually pleasing barrier between the parking and drive aisles and the residential yards. Additional landscaping may be required intermittently along the property lines to meet Category I screening requirements. Staff has included Condition 8 to ensure Category I screening is met. The applicant proposes an additional 41 parking spaces which brings the total amount of parking spaces provided to 115 spaces. Section 230 of the City Zoning Ordinance requires one parking space for every five seats or bench seating spaces in the main auditorium. Based on the seating capacity of the sanctuary 112 parking spaces are required; therefore, the required number of spaces is being provided. As shown on the site plan, the dumpster is located near the northeastern lot line. Staff recommends that this be relocated to a more central location within the site to prevent any noise disturbance to neighboring residents during trash pick-up. The applicant will be able to make this change during site plan review while still substantially conforming to the site plan submitted with this application. The applicant has proposed to use bio-retention beds to facilitate stormwater on-site. Staff recommends that the bio-retention bed to the rear of the lot be repositioned to the northeastern lot line and extend toward the rear lot line. This may be beneficial in the future, should the applicant decide to expand the church in the future. This will also preserve an existing large outdoor grass area for church recreational activities that will be visible from the street after all phases of construction are complete. Flexibility regarding the location of this rear bio-retention bed is included in Condition 2 to provide the opportunity for this revision during site plan review. The Conditions approved by City Council on March 28th, 2000 are as listed below: 1. Site layout and landscaping shall conform with the submitted site plan entitled "Conditional Use Permit Application Exhibit for New Covenant Presbyterian Church," dated December 15, 1999 and revised December 29, 1999 with the following exceptions: a. The layout of all new parking areas, to include "Future Parking" area depicted behind the new sanctuary building, shall be revised as necessary to comply with minimum parking lot landscaping requirements. b. The "Future 1-Story Family Life Building" depicted on the plan is not included in this approval. c. Final site plan submittal shall depict those areas along the southeastern and southwestern property lines lacking a solid vegetative screen, and shall provide for the installation of Category I screening to supplement existing vegetation. d. Only the northernmost access point depicted on Kempsville Road shall be allowed. A right run lane into that access point shall be provided, consisting of a 120' tapered transition area. Slight adjustments to the building and parking lot footprint shall be permitted as necessary to accommodate the right turn lane; any require street frontage landscaping displaced by construction of the right turn lane shall be replaced along the revised street frontage. 2. Materials shall consist of red brick veneer with white EIFS accents; architectural design and materials shall conform with the color elevations entitled "New Covenant Presbyterian Church, Virginia Beach, Virginia," prepared by the Yates Group, dated 1-2-00 and annotated as sheet 3 of 4. Condition 1 b is now irrelevant, as the proposed site plan associated with this application provides details NEW COVENANT PRESBYTERIAN CHURCH Agenda Item 9 Page 4 regarding that addition Condition 1 d has been met; however, staff has included a condition with this application to ensure that access will continue to be limited to one access point off of Kempsville Road. The purposes of Conditions 1a, 1c, and 2 remain relevant and are the intent of each is included within the conditions recommended below. In sum, staff recommends approval of the applicanYs request for a Modification of Conditions with the conditions below. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on March 28th, 2000 are deleted and superseded by the conditions herein. 2. The site layout and landscaping shall substantially conform to the submitted site plan entitled "Modification of Conditions Application Exhibit for NEW COVENANT PRESBYTERIAN CHURCH," dated June 3, 2013, with the exception of the location of the rear bioretention bed, which shall be determined during development site plan review. 3. All new construction shall substantially conform to the submitted architectural elevations entitled, "NEW COVENANT PRESBYTERIAN CHURCH, BUILDING ELEVATIONS," and dated 6-3-2013. 4. Unless otherwise required by Public Works / Traffic Engineering during development site plan review, the existing point of vehicular access on Kempsville Road shall be the only access point. 5. Phase I shall consist of the construction of the primary portion of the Fellowship/Multi-Purpose addition, eight parking spaces to the northeast of the existing sanctuary structure, the drive aisle that will go around the Fellowship/Multi-Purpose addition to the existing rear parking lot, the rear bioretention bed, and the demolition of the 2,770 square foot wooden structure. 6. Phase II shall consist of the construction of the two additions to the Fellowship/Multi-Purpose addition, a playground, 37 parking spaces to the southwest of the existing sanctuary structure, a porte-cochere connecting to the existing sanctuary structure, bioretention bed, and the demolition of the 5,335 square foot wooden structure. 7. A landscaping plan meeting the requirements of the Zoning Ordinance shall be submitted at site plan review. The layout of existing and proposed parking areas may slightly deviate from the submitted site plan to meet the minimum parking lot landscaping requirements. 8. The applicant shall ensure a minimum of Category I landscape screening exists along the side and rear lot lines at all times. 9. The development site plan submitted to the Planning Department / Development Services Center shall include a lighting plan. The lighting plan should include the height of poles located in the parking lot and the location of all pole-mounted and building-mounted lighting fixtures: NEW COVENANT PRESBYTERIAN C-HURCH Agenda Item 9 Page 5 The plan should list the type of lamp, wattage, and type of fixture. Full cut-off fixtures shall be used for parking lot lighting. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site p/an submitted with this application may require revision during detailed site plan review to meet all applicab/e City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of P/anning / Deve/opment Services Center and Deparfinent of Planning / Permits and Inspections Division, and the issuance of a Certiricate 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. NEW COVENANT PRESBYTERIAN C-HURCH Agenda Item 9 Paoe 6 blin ? y 1 Ma, e v: AERIAL OF SITE LOCATION ' I NEW COVENANT PRESBYTERIAN CHURCH Agenda Item 9 Page 7 , .:? •. ? ••.•."" ••` ? I Si A ? v ?" urC C?cS;OP?rrp l ? ' I r.ea c. c c,us[ . ? ?r ? n e <o. n ? ue ? pc.5.. i - ?I re .. x a ? a r? vc. 5 KIc PZs • ^?arr a• sc -. _ ? _ _ _ ?sarbal'? 3O.IS _ ? .. _x C . ? I . . . . _. .. S ? VL. ? tu?v o? c???rcw+rx a• ?i ? , ! 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PG. 4 . I I I i II'? I i PROPOSED SITE PLAN i I i ' NEW COVENANT PRESBYTERIAN CHURCH Agenda Item 9 Page 8 ; ? 4 ? ??- - g i _ ? I Y =B , z c ? - ? ?yIa p I - 6- O ? .? e? ?s? k I?. ? 5F I ? C ? ? I ta _ $ ._ ?- ' ? i F o ?? ?C ?? ? ^ b ?? J J L rr fl d 3 ' ? W ? ?? W2 ? ? ?6 ? e ? c' ? ? i? ''°? p ? ___ ? 4 . - ? j ?$ . ? F- pg Q LL k ? ° 0 N y ? ? ? k I fi? Ee a 3= e srrouvnmon m n F ? ? ? ? v O - o. ira.eo'?n?ow?no ' a,+s33wes .?,a.?.»or?awa,n?..mwv? m3r+ uOan?rma3ues3aa mr+ l G ? ? e \ F? snoisn3a = ? ? PROPOSED BUILDING ELEVATIONS NEW COVENANT PRESBYTERIAN CHURCH Agenda Item 9 Page 9 ? ? ' . . ;-.. l.A,'ti?,r.a^7 ? '? ?•yp •. ?? c ? ? .? ;'v s • .'..r>c.:i,;.:.? , ?? ? RENDERING OF PROPOSED BUILDING SHOWING EXTERIOR MATERIALS NEW COVENANT PRESBYTERIAN CHURCH Agenda Item 9 Page 10 LVIYIIYV f71Q 1 VF[1 # DATE REQUEST ACTION 1 03/28/2000 Conditional Use Permit Expansion to church A roved 11/09/1987 Conditional Use Permit Ex ansion to church - arkin lot A roved 06/21/1976 Conditional Use Permit Church A roved NEW COVENANT PRESBYTERIAN CHURCH ' Agenda Item 9 Page 11 ? ? ? ? 00.4 ? ? ? ? -r-t 'd) ? ? ? ? ? ?y ? ? i? DISCWSURE S'TATEM?ENT AFVL??T DIscLc$URE 0 droe applimrl is a corpo?rsiivn, parb't?rship, Furm, business, or olhtsr uninoorpotated vMenizeiian, complete 1he folvWng: 1, LilR thb appbcsnt name 1otlGU'4d by !h8 names nf eN officer's, rYwmbers, Vuste", per'tnerB, etc, bel4w: (:Ati'ach list fl'necessipo Mlenv Crwenenu Pnaatr}tarinn CNrch -Sanfar P[uEw• Ja" Ellot; Aw4,ckm Prsior. =lrwn sh*ena; EWe{i -@Ieir AIlen. ,leff &aeuth. Eric LAmGro11'. $pb E6Wrern, Kuri hiei9on 2. Llst ah b%slnasses that fiave e parent-sub%iDiary' or stfiliated bus+'heas wnlw rela6orssl* vtith the appNltary1: (Aitzch W tf nemssa+y) HCCMB D Check here d tbe sWlt*M ia 1MOTa oorparation, partr+ersbip, firm, husiness, or olher uninaorporeted orgenlxaQcn, P?'iOPERTY OVNNER OISCLD$UltE Co+rlptete Uus sectian onty lf ExWry ow»er is tIW%vant fmrn aApkant. N the p?bperty aaner Is i to?pvratior?, ParlnerrshlP. f"vm. business, or +Mher uniroorprSraUad arpenizebon, opmp1e1e the fiollowing: i. Llst the properly owner name [dla?red by dhe narnes af e11 oMcers, mtsmbers, bru?6, partr?ers, eic. below, (msch Ad if necessety) MA Liat all businesses that trm a pooni-subsidiaryi ar affillated businese enW reWdoriahip wdh the appficent: (Attech ,Vs1 M nstessary) NA ? C.'heCk Aaft ii 1hs prvperty nwner is NOTe crpsxabm, Darlnnhip= firm, buganeea, or oftr uninwrpcxatad orgenlzatfon. d= 5et n*an pwga irr toabmlee Does an oil9cla1 or *makryw af the Clty of 1Jlrgihia Beada have an InRereSi in tt3e suNed land7 Yas No yg 1f yefi, wha4 is the name of ft vFficial or emW*)yee end the nalure vf their Inkersst? Mn]rcrran ft [7ordkm Apaiosia, P1]f10d71 R/itwC Tcm7 DISCLOSURE STATEMENT NEW COVENANT PRESBYTERIAN 0HU4CH. Agenda Itp ,m 9 Page 12 QtSCL05itIRE STATEMIENT AdOC11DNAL DISCLOSURE$ L`est aII known conhaAors or buBineaee$ Met have or will provide Bervic" uvith respect to the requiast+ed properly tra[r. indudirg but not imlked bo the providers cyf ardNieclktral services, reai esiaie aer+rces, flnBnGia1 Eervias, aoaounting serueces, and legel mrvkces; {Attactt II3x if rocassery) Churdh bwnpl4pnwnt S400M Hdype?d-Eufe lk3soraies, PC, [iET SduqprqF. PMBE Desipn Group, PC ,59a edGtact?ed Csraxr?ent errotled 'Candilinrn'. •.Rarenl-eubsidiMry rc,fiationft' rneem'`s retelkr,stup tha? exis€s wtuen ane oorporaUDt1 direcgy Dt indlrcGily owrta shipris passee6ing tncare lhen SU percont af the vDtlng paw af andher esorporalkjn.' See Stete and iacW Govvmment GxAc1 ai ImemRks Act. Ve. {:ade j 23-3101. ='Affiat84 buWne" erriky relaHonshlp" rneems'a reIaAionstiV. ottrer Uaen pereM- SUbWfBry re181ioneFllp. Viet eAdls wfien (a) ane 3xlsi??m eeltlty he6 scartrolliny owR?e?s?tlp iMorosr in Ow ot?er bualnees entlty, (i} a cmtrolWg anmer in acie gn1?ty is eFsso a 4ronlroMng rnMner in the other wbRy, or (rIi) thert+ Is shered rnenopmvnt or confiol between the bus*neas ent,11ee. Fatters ttu,l should be cc+naidered in detenmining the cxisqenpc of an e1441ieied busines5 antlty reiatworiship indudt Wt the sBma perstmn or eLR)slwGally Ntie sarne pe,reon awn or maneQe the two entitieS; #WS ere onmman or oommlrMgled funda or aszels; the buatr? enlilot thar* the we vf the earna ofifdes or emplaymes Qr dthsnwiee ehgre acoyik+es, rewniroes or pweonnel on e reWtar #eaJs, ckt dn la otherwrea e dose +.vrking reletionship bet4rv+an Ow erMlities," Sag Ststs snd Lacal Govcmmenk Coonflict o( Intercsis Ac#.'Ja. Code § 2.2-3t0i. CERT1FiGATlON: I certt?y mm ih4 r,bmretEon tarAairbd Isbrvin ii nuo arW pocurale. 1undmmW th¢t, upon recaelpt ot noNceUon iPcIrad) ihet ow apocsdon hee b?aen whedtlud iw pi.tYfc hevrnp. I arn rarporwfW4 Aor o0Wninp 8n6 poi*IYV tlrc requttd sign on Itte bubjbd praparty pt {aebi 30 days piior io Ou sdieduled pub11C 1earril?n9 sttwrdkV 16 tlo irtstrurtlom in 4hls p8tkve. T1u: un0wegne4 eieo oNwnta 6n er'try upon the sublW RoP" bY e*v iayaes of the bQpgrimerrl ot Plan??to pboDWplt end viaw thw-ols ior purpaaas # p?raciasBwg end eaeluetirg ihis aMlaMn, k4e P?1 t N FvOPWy Ow?*&'tl ftnekjne f?ddercntthan ppyplcwl .?? IPnnl Harra Rbi'"]Tkh df :. " x0Plc3icn Pape 110111 Rtw*s 7rLm 7 ? ? ? ? ? ? ? C> ? ? ? ? ? ? ? ? ? ? ? DISCLOSURE STATEMENT NEW COVENANT PRESBYTE?IAN CHURGHAgenda Item 9 Page 13 Item #9 New Covenant Presbyterian Church Modification of Conditions 1552 Kempsville Road District 1 Centerville August 14, 2013 CONSENT An application of New Covenant Presbyterian Church for a Modification of a Conditional Use Permit for a religious use, approved by the City Council on March 28, 2000 on property located at 1552 Kempsville Road, District 1, Centerville. GPIN: 14652533750000. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on March 28th, 2000 are deleted and superseded by the conditions herein. The site layout and landscaping shall substantially conform to the submitted site plan entitled "Modification of Conditions Application Exhibit for NEW COVENANT PRESBYTERIAN CHURCH," dated June 3, 2013, with the exception of the location of the rear bioretention bed, which shall be determined during development site plan review. All new construction shall substantially conform to the submitted architectural elevations entitled, "NEW COVENANT PRESBYTERIAN CHURCH, BUILDING ELEVATIONS," and dated 6- 3-2013. 4. Unless otherwise required by Public Works / Traffic Engineering during development site plan review, the existing point of vehicular access on Kempsville Road shall be the only access point. 5. Phase I shall consist of the construction of the primary portion of the Fellowship/Multi- Purpose addition, eight parking spaces to the northeast of the existing sanctuary structure, the drive aisle that will go around the Fellowship/Multi-Purpose addition to the existing rear parking lot, the rear bioretention bed, and the demolition of the 2,770 square foot wooden structure. 6. Phase II shall consist of the construction of the two additions to the Fellowship/Multi- Purpose addition, a playground, 37 parking spaces to the southwest of the existing sanctuary structure, a porte-cochere connecting to the existing sanctuary structure, bioretention bed, and the demolition of the 5,335 square foot wooden structure. item #9 New Covenant Presbyterian Church Page 2 7. A landscaping plan meeting the requirements of the Zoning Ordinance shall be submitted at site plan review. The layout of existing and proposed parking areas may slightly deviate from the submitted site plan to meet the minimum parking lot landscaping requirements. 8. The applicant shall ensure a minimum of Category I landscape screening exists along the side and rear lot lines at all times. 9. The development site plan submitted to the Planning Department / Development Services Center shall include a lighting plan. The lighting plan should include the height of poles located in the parking lot and the location of all pole-mounted and building-mounted lighting fixtures. The plan should list the type of lamp, wattage, and type of fixture. Full cut- off fixtures shall be used for parking lot lighting. A motion was made by David Redmond and seconded by Jan Rucinski to approve item 9. AYE 11 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RU550 AYE THORNTON AYE NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 9 by consent. Glen Trematore appeared before the Commission on behalf of the applicant. SYKEl.-1'9 ?OURDO1 V 9 ???N & LEVY9 JL eCo PEMBROKE OFFICE PARK - BUILDING ONE 2$1 INDEPENDENCE BOULEVARD FIFTH FLOOR VIR6INIA BEACH, VIRGINIA 23462-2989 TELEPHONE: 757-499-8971 F.acsinnILe: 757-456-5445 ATTORNEYS AND COUNSELORS AT LAW JON M. AHERN R. EDWARD BOURDON, JR. JAMES T. CROMWELL L. STEVEN EMMERT ANGELINA S. LEE KIRK B. LEVY MICHAEL J. LEVY' HOWARD R. SYKES, JR. LEONARD C.TENGCO September 3, 2013 Via email: abarnes@vbgov.com Ruth Hodges Fraser, MMC City of Virginia Beach - City Clerk 24oi Courthouse Drive, Suite 281 Virginia Beach, Virginia 23456 'Admi[tetl in Virginia and Washington DC Re: Application for Conditional Use Permit for Religzous Use on property located 2438 Salem Road, PrincessAnne District containing 9.164 acres hauing GPIN: 1484-33-4492 Dear Ms. Fraser: On behalf of Crescent Community Center I am writing to advise that we have requested that the above-referenced Conditional Use Permit which is currently scheduled for Council's Public Hearing on Tuesday, September lo, 2013, be deferred until the Council's Public Hearing on Tuesday, September 24, 2013. The reason for the requested deferral stems from our outreach to some of the surrounding property owners which has resulted in a meeting between a number of my clients and a group of designated representatives of the community that, due to the holiday and other constraints, is scheduled for September 18, 2013. We look forward to Council's consideration of this request at its September 24, 2013 Public Hearing. With best regards, I remain, Very ? ourdon, Jr. REB:cgf i3-i2o2g ? jl y ? cr. i OI? 4 ? t3 ?' W Z Z a ? ? W' ? Z ? O.i C at ?a y ro ?Z w? w ? N oa N C ? 0 u? 3 0 N? .. c?' S 4t? ?'" t! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CRESCENT COMMUNITY CENTER CORP (Applicant) - S.L. ETHERIDGE, LLC (Owner), Conditional Use Permit for a Religious Use. 2438 Salem Road (GPIN 1484334492). PRINCESS ANNE DISTRICT. MEETING DATE: September 10, 2013 ¦ Background: The applicant requests a Conditional Use Permit to allow development of the site for a 12,300 square foot Religious Use. Section 111 of the City Zoning Ordinance defines a Religious Use as a place "of religious worship, such as churches, synagogues, temples, mosques, similar places and their appurtenant uses." ¦ Considerations: The applicant's representative has submitted a letter to the City Clerk requesting a deferral of this application to City Council's September 24, 2013 Public Hearing. The purpose of the deferral is to allow for additional discussion between the applicant and a group that represents the residents of the surrounding area. ¦ Recommendations: Allow deferral of the application to the September 24, 2013 City Council Public Hearing. ¦ Attachments: Letter from Applicant Requesting Deferral Location Map Recommended Action: Deferral to the September 24, 2013 City Council Public Hearing. Submitting Department/Agency: Planning Department City Manager: ? /L •? ?'? \ M M • F ? r ? a W? ? ? .? ? ? ? t O w tp cc ? .? k 0 c? ? 0 a = j V C at Qa h ? ? d Me. ? C ? N O? ..a ? o O C V 0 -,M ,C O 30 ca . ?, N? . c?i' M1 ? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VB RECREATION, LLC (Applicant) - ELIAS PROPERTIES SALEM CROSSING, LLC (Owner), Conditional Use Permit for Indoor Commercial Recreation Facility (Indoor Trampoline Park). 2029 Lynnhaven Parkway (GPIN 1475868600). ROSE HALL DISTRICT. MEETING DATE: September 10, 2013 ¦ Background: The applicant requests a Conditional Use Permit for an Indoor Commercial Recreation Facility. The subject site is zoned B-2 Community Business District, and the Zoning Ordinance allows an Indoor Recreation Facility with a floor area greater than 7,500 square feet in the B-2 District only with a Conditional Use Permit. Such facilities with a floor area of 7,500 square feet or less are permitted without a Use Permit. The applicant proposes to use 18,257 square feet of the southernmost portion of the existing strip retail center located at 2029 Lynnhaven Parkway with a"Sky Zone" indoor trampoline park. Since the floor area exceeds 7,500 square feet, a Conditional Use Permit is required. ¦ Considerations: The indoor trampoline park consists of two '3-D' dodge ball courts, a foam zone court, a sky slam court, a main trampoline court, finro party rooms, a cafe that serves fountain drinks and pre-prepared packaged food, and a 200 square foot reserved seating area. The interior plan as well as photographs showing the various types of `courts' are provided at the end of the attached staff report. The facility will be able to accommodate large groups such as churches, corporate groups, Girl Scouts, Boy Scouts, and athletic teams. The facility will also accommodate smaller groups, such as children's birthday parties. In addition, there are weekly leagues and tournaments for trampoline-based games such as dodge ball or cage ball, as well as activities such as aerobics or `toddler time.' Customers are also able to walk in and pay by the half-hour to use the facility. Sky Zone markets themselves to individuals of all ages and physical abilities. This is a franchised business that operates under the name of Sky Zone. As typical with franchised businesses, there is an existing set of standards each separate location must follow. These standards encompass all or a portion of branding, safety, materials, and operation. These requirements provide for a healthy and safe experience for customers and assure the facility has no impact to surrounding businesses and residential areas than already exist. Recently, the American Society for Testing and Materials (ASTM) adopted commercial VB Recreation, LLC Page2of3 trampoline court standards and regulations that cover the engineering, maintenance, and operation of such structures. While there is no requirement that the regulations be followed, Sky Zone has chosen to abide by these regulations. Details pertaining to the proposed use as well as staff's evaluation of the request are provided in the attached staff report. 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. This Use Permit applies only to the southernmost unit (approximately 18,300 square feet) of the Salem Crossing Shopping Center. 2. The proposed exterior building signage shall comply with the requirements of the Zoning Ordinance for signs. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permit and Inspections Division, Health Department, and Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official prior commencing operation. 4. The facility shall operate only between the hours of 7:00 a.m. and 12:00 a.m. (midnight). 5. "Court Rules for Jumpers," as submitted by the applicant, shall be posted within the facility at the main entrance, visible by all who enter the facility, as well as at the entrance of each trampoline court area. 6. All individuals under 13 years of age shall be accompanied by an adult chaperone. 7. Recreational trampoline-related activities shall be the only type of indoor recreation allowed. 8. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 9. The shall be a minimum of one staff member on site at all times that is certified for first aid and automated external defibrillator (AED) training. VB Recreation, LLC Page 3 of 3 10. There shall be no sale of alcohol at this location. There shall be no State ABC license associated with this business. ¦ 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 Department City Manager: k ?? ROEE HALL vn xecreation, L.L.C. R 5* 7 A12 PDH1 . ? T ` * ar R10 B2r _ - ' R7.5' B2* . , _. I ? V , 12! . _ Ba• B2 A12' CUP-hdoorCommertiaiRecrcetionfacifity sw?• 3,omo?ao «von.r o»n.r• 10 August 14, 2013 Public Hearing APPLICANT: VB RECREATION, L.L.C. PROPERTY OWNER: ELIAS PROPERTIES SALEM CROSSING STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit (Indoor Commercial Recreation Facility) ADDRESS / DESCRIPTION: 2029 Lynnhaven Parkway GPIN: ELECTION DISTRICT 14758686000000 ROSE HALL SITE SIZE: 18,257 square feet (Floor Area of Unit) 19.67 acres (Entire Parcel) AICUZ: Less than 65 d6 DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for an Indoor Commercial Recreation Facility. Such a use, if it has a floor area greater than 7,500 square feet, is allowed in the B-2 Community Business District with a Conditional Use Permit; if the floor area is 7,500 square feet or less, the use is permitted without a Use Permit. The applicant proposes to use 18,257 square feet of the southernmost portion of the existing strip retail center located at 2029 Lynnhaven Parkway with a"Sky Zone" indoor trampoline park. The indoor trampoline park consists of two '3-D' dodge ball courts, a foam zone court, a sky slam court, a main trampoline court, two party rooms, a cafe that serves fountain drinks and pre-prepared packaged food, and a 200 square foot reserved seating area. The interior plan as well as photographs showing the various types of `courts' are provided at the end of this report. The facility will be able to accommodate large groups such as churches, corporate groups, Girl Scouts, Boy Scouts, and athletic VB RECREATION, L.L.C. Agenda Item 10 Page 1 teams. The facility will also accommodate smaller groups, such as children's birthday parties. In addition, there are weekly leagues and tournaments for trampoline-based games such as dodge ball or cage ball, as well as activities such as aerobics or 'toddler time.' Customers are also able to walk in and pay by the half-hour to use the facility. Sky Zone markets themselves to individuals of all ages and physical abilities. Customers to Sky Zone are greeted at the entrance by a staff inember. The customer is required to sign a legal waiver before being allowed to begin jumping. If the customer is under the age of 18, a legal guardian will also need to sign the waiver. If the customer is under the age of 13, an adult chaperone will need to stay with that customer. Sky Zone's Court Rules for Jumpers, as submitted with this application, are posted at the main entrance as well as at the entrance to each trampoline court area. At the time of signing in and purchasing jump-time, the customer is given a sticker which has the amount of trampoline time allotted to the customer, as well as their age. This sticker is checked by a staff member that serves as a Court Monitor at the entrance to each court. The hours of service range throughout the year. During the school year, it is typical for the business to also be closed one of the weekdays to maintain the facility. At the latest, the facility is open until 12:00 midnight and opens as early as 7:00 a.m. Staff will consist of approximately four managers and 30 to 35 employees. At all times, there is at least one manager working on-site. All managers are required to have first aid and automated external defibrillator (AED) training. Non-managerial employees are not required to have any training, but Sky Zone provides incentives for those that do. On a weekday during the school season there are typically six to seven non-managerial employees available in the facility to assist customers and supervise trampoline areas. On weekends throughout the year, as well as daily during the summer months, there are approximately 14 non-managerial employees available. Exterior changes to the site include the mounting of three signs: one orange SZ logo and two black-letter signs with the company's logotype. The signs are proposed for the east facing fagade. On the interior, the property owner has already taken measures to have a wall built to separate the existing use that occupies the northern part of what is currently one large unit from the southern half where the proposed use will be located. There will be no doors or direct access between the two with an exception of a shared loading dock in the rear. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Strip Retail Center / Conditional B-2 Community Business District SURROUNDING LAND North: . Strip Retail Center / B-2 Community Business District USE AND ZONING: . Multi-Family / A-12 Apartment District South: . Strip Retail / B-2 Community Business District East: . Parking lot, bank, and Lynnhaven Parkway / B-2 Community Business District West: . Vacant City-owned parcels / R-5D Residential District NATURAL RESOURCE AND The site is developed with a strip shopping center consisting of CULTURAL FEATURES: large scale retail and small-scale specialty shops and services. COMPREHENSIVE PLAN: The Comprehensive Plan defines the area of which the subject site is VB RECREATION, L,L.C. Agenda Item 10 Page 2 located as a Suburban Area. To maintain the stability of Suburban Areas, the Comprehensive Plan recommends the preservation of neighborhood quality, the creation and protection of open spaces, and the connection of suburban mobility. Compatible infill development, quality materials, attractive site and building design, improved mobility, residential buffering, and environmental sensitivity are all suggested by the Comprehensive Plan. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The Master Transportation Plan's `Major Street Network Ultimate Rights-of-Way' lists these segments of Lynnhaven Parkway and Salem Road as 4-lane minor arterials within a 110-foot wide and 120-foot wide right-of-way respectively. Princess Anne Road is listed as an 8-lane major arterial in a in a 150-foot right-of-way respectively. There are no CIP projects in the area. TRAFFIC: The proposed use will occupy a unit within an existing shopping center. Traffic generation for shopping centers is based on the size of the entire center, rather than the uses within the individual units. Accordingly, there is no change in ADT 1 as a result of the proposed use. Street Name Present Volume Present Capacity Generated Traffic 21,300 ADT 27,300 ADT No Change (explanation Lynnhaven Parkway (2012) (Level of Service "D") is provided above) Average Daily Trips WATER & SEWER: This site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION This applicant proposes an 18,257 square foot indoor trampoline park. Indoor Recreational Facilities with a floor area greater than 7,500 square feet are allowed in the B-2 zoning district with a Conditional Use Permit. The proposed recreational use is consistent with the Comprehensive Plan's policies for the Suburban Area. This type of use helps support the recreational needs of residents in the area and provides a wholesome and healthy family environment. The applicant proposes no physical changes to the exterior of the site, beyond signage. The only physical changes taking place will occur within the identified 18,275 square feet inside the existing structure. The site is part of a major commercial center that was developed in accordance with the Retail Establishments and Shopping Centers Ordinance, ensuring quality site, architectural, and landscape design. Currently, an employee training facility is located at this site. This existing use will continue concurrently with #he VB RECRfATION, L,L.C. Agenda Item 10 Page 3 proposed use, but will be kept completely separated by a new wall. The applicant has submitted a parking study which supports the need for only 54 parking spaces. 18,275 square feet of the previous uses located at this site required up to as many as 72 spaces. Parking will be well accommodated by the existing spaces and will not impede on the availability of parking to other uses. This is a franchised business which operates under the name of Sky Zone. As typical with franchised businesses, there is an existing set of standards each separate location must follow. These standards encompass all or a portion of branding, safety, materials, and operation. These requirements provide for a healthy and safe experience for customers and assure the facility has no impact to surrounding businesses and residential areas than already exist. Recently, the American Society for Testing and Materials (ASTM) adopted commercial trampoline court standards and regulations that cover the engineering, maintenance, and operation of such structures. While there is no requirement that the regulations be followed, Sky Zone has chosen to abide by these regulations. Staff recommends approval of this Use Permit for an Indoor Recreational Facility at this location with the conditions below. CONDITIONS 1. This Use Permit applies only to the southernmost unit (approximately 18,300 square feet) of the Salem Crossing Shopping Center. 2. The proposed exterior building signage shall comply with the requirements of the Zoning Ordinance for signs. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permit and Inspections Division, Health Department, and Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official prior commencing operation. 4. The facility shall operate only between the hours of 7:00 a.m. and 12:00 a.m. (midnight). 5. "Court Rules for Jumpers," as submitted by the applicant, shall be posted within the facility at the main entrance, visible by all who enter the facility, as well as at the entrance of each trampoline court area. 6. All individuals under 13 years of age shall be accompanied by an adult chaperone. 7. Recreational trampoline-related activities shall be the only type of indoor recreation allowed. 8. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 9. The shall be a minimum of one staff inember on site at all times that is certified for first aid and automated external defibrillator (AED) training. VB RECREATION, L.L.C. Agenda Itern 10 Page 4 10. There shall be no sale of alcohol at this location. There shall be no State ABC license associated with this business. NOTE: Further conditions may be required during the administration of applicab/e City Ordinances and Standards. Any site p/an submitted with this application may require revision during detailed site p/an review to meet all applicab/e City Codes and Standards. All applicab/e permits required by the City Code, including those administered by the Department of P/anning / Development Services Center and Department of P/anning / Permits and Inspections Division, and the issuance of a Certiricate 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 fechniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they perfain to this site. VB RECRfATION, L.I.C. Agenda Iterh 10 Page 5 Y .a .,, ? 7??c a z y t, sZ i F ., ?s ^?Ia. Pictometry M AERIAL OF SITE LOCATION I' VB REC , TION, L.L.C. ???? enda Item 10 Page 6 :. ? ? ,??? t? ? i? r is i i•.{:? ??, ?r ? ti?t; ii #;1? j; ? ?' `_ • ? ?\ ? ;? j Ii 1?'? ? ?t ?? ?; i ? ? i? ;?,?? ?r' ?? t :.i ? _- _ --? 1.1'[ ? fPi ( i i I? ? tI ?t r I ij?; t; t;'j=? n 1 '??i •+y 1?.1 '?, ?? ?? (? j i i r ?l R ?i F?? ?'? ?rr f ??I •- , ; r, ?? - i ,' , ,??r• ?0,;'ti h (; j •,? • . - ; ?: i? ?, ? ? ;r , , , • , < -, (?,??_ . y, „ : .- . . . , . . n --- ? -'----------- r th ? •? i O _ O ?_? ? ? ? / y •;a?? ? s a - o e- i i 9 ' 'r' ? ? - = -' ?p?? / ? '3? ?' • z` J • ? - r----? -, ? \ ? J e -,,?t:', ,•, r rp 1(f s? t3 ? ?i l sl?:?;??a: il?? {nt i•;• ?? ? ?!? ? (. N E {!; ,! ! 6? ??o 1 ?.- ?1 , ? ?? ? ? ? , ?' ; ? • ??l . ;,; ?,? ?r{1 ?s i' , ? ?' LOCATION OF UNIT WITHIN SHOPPING CENTER f?. VB RECREATION, L.L.C. ? Agenda Item 10 ? Page 7 i ' ?#1 ? ? § • ?P=?? ? ? ? p Y . . VB REC FLOOR PLAN ?I TION, L.L.C. enda Item 10 Page 8 oJR T W ? p3??p ? PERSPECTIVE VIEW OF COURT LAYOUT VB REC 4T10N, L.L.C. genda Item 10 l? Page 9 C .? ? ?C 3 Q ? ?0- r ce H ty ; 0 f z L ? ? ? : L ? ? EXAMPLE OF SIGNAGE VB RECREATION, L.L.C. Agenda Item 10 ? Page 10 ' ? ?•??? ? ? SKY ZONE ULTIMRTE DODGEBRLI \APl0r,,JsHiP EXAMPLE OF ADVERTISED EVENTS VB RE ?-....n- ,. TION, L.L.C. enda Item 10 Page 11 ? ",? ? ? '?e - ?, .: y?; ..3'' ??' ?? FOAM ZONE AND SKY-SLAM COURT VB RECREATION, L.L.C. ? Agenda Item 10 Page 12 ? „I , TRAMPOLINE COURT AND 3D-DODGE BALL COURT VB RECREATION, L.L.C. Agenda Item 10 ? Page 13 .? ? .. , i Court Rules for Jumpers ¦ Customers may only sit or lie down in designated rest areas. _ They may not sit or lie down in non-designated rest areas. Sky Zone recommends the rest area is off of the courts. • There is no nunrrng or boundng in designated rest areas. • If a customer falls down and is not injured, they must get up immediately. ¦ There is NO pushing, NO tackling, NO wrestling, NO tag, and NO racing on the Sky Zone court. ¦ No throwing balls at each other unless on the Dodgeball court ¦ Customers may NOT touch the top pads. • Customers may NOT hang on pads orgoal. • Customers may NOT climb on side walls. • Customers may NOT "Double Bounoe." It is very bad for your lower back and can resuft in senous injury. • All flips must be on a singletrampoline. A customer may NOT flip over a pad from one trampoline to the next, unless the customer is in the tncktunnel. • A customer may NOT do a double flip. (Single flips are allowed.) ¦ A customer may NOT do more than TWO single flips in a row. • Flipping offthe side walls is allowed, BUT it must be done in a CONTROLLEDmanner. • Jumpers must always be in contrd ofthemsebes. Wam them if they are not. COURT RULES FOR JUMPERS VB REC I'?I \TION, L.L.C. lenda Item 10 Page 14 _. ? ? ? I ZONING t115TORY # DATE REQUEST ACTION 1 07/06/04 Conditional Use Permit (bulk storage) Granted 02/27/96 Modification of Proffers (shopping center expansion) Granted 07/11/95 Chan e of Zonin (I-1 to Conditional B-2, R-5D to Conditional B-2 Granted 2 09/23/03 Modification of Proffers Granted 04/17/98 Chan e of Zonin R-5D to Conditional B-2 Granted 3 08/27/02 Chan e of Zonin R-5D to Conditional B-2 Granted 4 02/25/01 Modification of Conditions Granted 09/25/01 Conditional Use Permit fuel sales Granted 5 09/22/98 Chan e of Zonin R-10 to Conditional A-12 with PD-1-12 Overla Granted 6 05/28/96 Change of Zoning (R5-D to Conditional B-2) Denied 02/23/99 Chan e of Zonin (R-5D to Conditional B-2 Granted 7 06/26/07 Change of Zoning (R-5D, R-10 to Conditional B-4, A-24, A-12 with Granted PD-H2 Overla 4 ? l VB RECREATION, L.L.C. Agenda Item 10 Page 15 C U R ^. ,,,si . [a1SGLOSURE STATEl++IENT APPLICANT 019CLOSlJRE if the apnC'ocant is e aorporallan, pertrwghip, firm, bus.wss. or other uninoaqaoralad organization, oampletei ihe fdllow+inq. t. Llbt the appUcant nerne to¦awed by 1he nwes of all aRcers, member$,1rusboea, parar+ers, e4c. balow: fAtbch 1id ilmcessery) v8 R4creencn. U C(Reese aee atleched.) 2. Ltst ali businexsos Uy,t 1?vc a pprant-subsiCiaryl or atfllleted huaiftSS cnkily2 relacivnship weth the app'acent (Attach usf ff neceswry) Fieesasse ebWaJ, ?Chatk here if the applicant is NOTa ovrpcarailon, parMershlp, Arm, bu3R?ass, or oUtier uninoarporaUed cxganizet+cxi. PROPERTY OWNER Dt5CLOSURE Cvmpkia thrs mkovr vnty ifpropaKy awner IS hWomi ftvn sppllcen[, If the properiy anrner is e corporatlan, parmership, flrm, b,rslness, or oihar uninoarporated arganlzatkon, complete the icllowtrtg: i. E..itt the propenY awner narne inllowed hy the nornes rrf aR atfiGG+s, rnembers, trusice5, porlners, elc, bekyw: (Aftatih 14s1 W rtvcsss.ary) Eres AnMUea 8elem S'.meehg. LlC (Pieale eae edecAed.) 2. List aII buslneSSes lhat haVe a parenl-SUbsidiary' cx aKiliabod businws enUty4 rela6onship tiwith tho applicanN (Attach Nst 9 naaassaryr Pleaer eev eltsd+ed. p ? Chock hares iF Ilhcs properhr ar+nar is NO7 a corporativn, paKnarshlp, 6rrn, busingss, or ather un*?corporated orgenizaiion. d SCU naxl pago fcr 13nlro7es E3acs an oMcial or oyee qt Gity of virginla Beach have an tnte?sl In the subaectt?? ?'es? No IVII tf yes, vNiai is the narn+ESS tDf the vFTicW or ampbysa and kha nature Qi their intemt? n?I,x caidio,., u?. r.FA acwarxn Poro a a +a RN~ rIL7UG7 ? ? ? ? ? 21 EVEN! ? ? ? ? ? ? ? DISCLOSURE STATEMENT VB RECREATION, L.L.C. Agenda Item 10 Page 16 ? ? ? ? ? ? ? ?.? ? ? ? ? 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I 1.0 -S "c.1C t9t dYrrrerIt hn appkanq pri,e Neme HCM bCt'r G?uftftnrt Apt-e+rpi s¦p 3oN iD Rn1?0 T7?@1? DISCLOSURE STATEMENT VB RECRfATION, Agenda I L.L.C. rem 10 aae 17 Item #10 VB Recreation, L.L.C. Conditional Use Permit 2029 Lynnhaven Parkway District 3 Rose Hall August 14, 2013 CONSENT An application of VB Recreation, L.L.C. for a Conditional Use Permit (Indoor Commercial Recreation Facility) on property located at 2029 Lynnhaven Parkway, District 3, Rose Hall. G P I N: 14758686000000. CONDITIONS 1. This Use Permit applies only to the southernmost unit (approximately 18,300 square feet) of the Salem Crossing Shopping Center. 2. The proposed exterior building signage shall comply with the requirements of the Zoning Ordinance for signs. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permit and Inspections Division, Health Department, and Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official prior commencing operation. 4. The facility shall operate only between the hours of 7:00 a.m. and 12:00 a.m. (midnight). 5. "Court Rules for Jumpers," as submitted by the applicant, shall be posted within the facility at the main entrance, visible by all who enter the facility, as well as at the entrance of each trampoline court area. 6. All individuals under 13 years of age shall be accompanied by an adult chaperone. 7. Recreational trampoline-related activities shall be the only type of indoor recreation allowed. 8. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 9. The shall be a minimum of one staff inember on site at all times that is certified for first aid and automated external defibrillator (AED) training. Item #10 VB Recreation, L.L.C. Page 2 10. There shall be no sale of alcohol at this location. There shall be no State ABC license associated with this business. A motion was made by David Redmond and seconded by Jan Rucinski to approved item 10. AYE 11 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 10 by consent. R.J. Nutter appeared before the Commission on behalf of the applicant. Stephen J. White From: gkeller@pembrokerealty.com Sent: Wednesday, August 21, 2013 328 PM To: Stephen J. White Cc: Karen Lasley Subject: VISIONS COMMUNITY SERVICES---WITHDRWAL OF CUP APPLICATION Follow Up Flag: Follow up Flag Status: Flagged Dear Stephan: I am writing to inform you that my client, Visions Community Services LLC, requests withdrawal of its Conditional Use Permit Application submitted for adult day care. Karen Lasley, Zoning Administrator, sent an email to me on August 15, 2013 stating that it is her "determination the Visions Community Service LLC is best classified as a training vocational school with counselling services. This is a permitted use in the I-1 Industrial District." Based on that determination, she recommended that my client withdraw the application. Please consider this email as my client's request that the application be withdrawn. Thank you very much. Sincerely, Gerald J. Keller Vice President and Associate Broker Pembroke Commercial Realty Corp. 4460 Corporation Lane, Suite 300, Virginia Beach Va. 23462 T 757 490 3141 C 757 749 5563 F 757 490 0206 gkeller(a?pembrokerealtv.com www.pembrokerealty.com 1 M M ? ? ? V I 4 ,I Q I I j V W J ? ? ? d G W ? , ? ? C ? O4 c - n N ,? ? ? o oc v •a ? o 30 L. T? N? ?il?,? ro r r? > CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VISIONS COMMUNITY SERVICES, LLC (Applicant) - LEWIS & JANE HARRISON (Owner), Conditional Use Permit for an Adult Day Care. 370 Cleveland Place (GPIN 1467751405). KEMPSVILLE DISTRICT. MEETING DATE: September 10, 2013 ¦ Background: Based on information available to Planning Department staff at the time, a determination was made that Visions Community Services would need a Conditional Use Permit for adult day care to operate at the subject site. During and after the Planning Commission public hearing, there was discussion between the applicant and staff regarding the services provided by the applicant. Those discussions resulted in the conclusion that the original designation of the use as an adult day care was not consistent with the type of services provided, as the applicant's emphasis is to enhance the abilities of adults who are disabled for a variety of reasons. Such use is permitted within the I-1 Light Industrial District. ¦ Considerations: Based on the finding that a Conditional Use Permit is not required, as explained above, the applicant was instructed to submit a request to withdraw the application. That request was subsequently submitted and is attached. ¦ Recommendations: Allow withdrawal of the application as requested by the applicant. ¦ Attachments: Request for Withdrawal Location Map Recommended Action: Allow withdrawal of the application per the request of the applicant. Submitting Department/Agency: Planning Department City Manager. S ?- , 0? i .? CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 212 and Add a New Section 217 of the City Zoning Ordinance, pertaining to Electronic Displays of Motor Vehicle Fuel Prices. MEETING DATE: September 10, 2013 ¦ Background: The Zoning Ordinance currently does not allow the use of electronic display technology for signs advertising the price of fuel being sold at motor vehicle service stations, convenience stores with fuel pumps, or any other establishment where fuels are sold to the public. This proposed amendment to Section 212 and the addition of a new Section 217 will provide a very limited exception to the Zoning Ordinance's prohibition of electronic display signage by allowing motor vehicle fuel prices to be displayed in electronic display (LED) format. ¦ Considerations: The amendment to Section 212 provides that Electronic Display Signs are allowed subject to Section 217. The new Section 217 allows Electronic Display (LED) technology to be used as part of a sign that advertises fuel prices. The new section contains several restrictions on such displays, including the following: ' • The signs will only be allowed as part of a Conditional Use Permit for an automobile service station at which motor vehicle fuels are offered for sale (includes a convenience store where fuel is sold). The signs will also be allowed at establishments for which a Conditional Use Permit allowing fuel sales has previously been granted and remains in effect. • There will be no more than one such sign on the zoning lot where the establishment is located. • The sign will be monument-style and will not be allowed to exceed eight feet in height. • The sign will have no more than three separate panels for the electronic display of fuel prices, and each panel will be limited to the display of a single grade of fuel. • The fuel prices will not be allowed to change more often than two times in any 24-hour period. • Scrolling, flashing, blinking, or other type of intermittent movement or illumination of the elements of the electronic display will not be allowed. • The electronic display cannot exceed more than two colors. City of Virginia Beach - Fuel Price Signs Page 2 of 2 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. ¦ Attachments: Staff Review Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmenUAgency: Planning Department City Manager: ? ??? 1 2 Requested by Mayor William D. Sessoms, Jr. 3 4 5 AN ORDINANCE TO AMEND SECTION 212 AND ADD A 6 NEW SECTION 217 OF THE CITY ZONING ORDINANCE, 7 PERTAINING TO ELECTRONIC DISPLAYS OF MOTOR g VEHICLE FUEL PRICES 9 10 Section Amended: City Zoning Ordinance Section 212 11 Section Added: City Zoning Ordinance Section 217 12 13 WHEREAS, the public necessity, convenience, general welfare, and good zoning 14 practice so require; 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 That Section 212 of the City Zoning Ordinance is hereby amended, and a new 18 Section 217 of the City Zoning Ordinance is hereby added, pertaining to electronic 19 displays of motor vehicle fuel prices, to read as follows: 20 21 AR1'ICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 22 AL.L DISTRICTS 23 24 .... 25 26 B. SIGN REGULATIONS 27 28 Sec. 212. Prohibited signs. 29 30 The following signs shall be prohibited: 31 .... 32 33 (m) Electronic display signs, except as expressly allowed by the city council in 34 conjunction with major entertainment venues and as provided in Section 217. 35 . 36 37 Sec. 217. Electronic dispiaYs of motor vehicle fuel prices. 38 39 Motor vehicle fuel prices may be displaved on an electronic display sign, subject 40 to the followina requirements: 41 42 (a) The electronic display portion of any such si4n shall be limited to showinq 43 the price per qallon, expressed numericallv, of the motor vehicle fuels offered for sale 44 on the premises. No electronic displav panel shall be illuminated except as permitted 45 by this subsection. 46 47 (b) Such siqns shall be allowed onlv pursuant to a conditional use permit 48 authorizinq an automobile service station at which motor vehicle fuels are offered for 49 sale or at establishments for which a conditional use permit allowinq such fuel sales has 50 previously been granted and remains in effect. 51 52 (c) Such signs shall conform to the followin-q requirements: 53 54 (1) No mor_e than one such siqn shall be permitted on any zoninq lot; 55 56 (2) Such signs snall be monument - style, as defined in section 21 0,2, 57 and no such sign, includinq the base, shall exceed a heiqht of eicht 58 8 feet: 59 60 (3) No such siqn shall have more than three separate panels capable 61 of displavinq information electronicallv, and each such panel shall 62 be limited to the display of a sinqle grade of fuel. The total area of 63 the portion of that sign that is capable of electronic disptays shall 64 not exceed twelve (12) square feet in area; 65 66 (4) The pixel pitch of the electronic display portion of such siqns shall 67 be nineteen (19) miilimeters or smaller; 68 69 (5) Fuel prices shall not be chanqed more often than two (2) times in 70 any twenty-four (24) hour period, and scrollinq, flashing, blinking or 71 any other tyqe of intermittent movement or illumination of elements 72 of the electronic displav shall be prohibited. Chanqe sequences 73 shall be accomplished by means of instantaneous re-pixelization; 74 75 (6) Electronic displavs shall consist of no more than two (2) colors; 76 2 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 1ll 112 113 114 115 116 117 (7) Audio speakers on or electronicaliv connected to, such siqns shall not be permitted; (7) Such siqns shall not exceed a maximum illumination of five thousand (5,000) candelas per square meter from sunrise to sunset or five hundred (500) candelas per square meter between sunset and sunrise as measured from the siqn face at maximum briqhtness and shall be equipped with a workinq dimmer control device capable of automatically reducinq the illumination to the required sunset-to-sunrise level. Prior to the issuance of a siqn permit the apqlicant shall provide written certification from the siqn manufacturer that the liqht intensity has been factorv pre-set not to exceed the maximum intensitv level; and (8) The electrical service lines providinq power to such siqns shall be underqround. (" (l Mh1 F NT 'I'he ordinaner makes a very limited exception to the C70's prohibition of electronie display signagc b,y allowing motor vchiclc fuel prices to be displayed in electronic display (LED) format. "I'he ordinance contains a number of restrictions on such displa,ys, including limitations of ihc sirc, height, sign stylc, illumination, color, pixcl pitch of such displays. Adopted by the City Council of the City of Virginia Beach on the of , 2013. CA-12658 July 2, 2013 R-3 APPROVED AS TO LEGAL SUFFICIE Y: )Aj . / Li. City Attomey's OfFice day 3 12 August 14, 2013 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO THE ZONING ORDINANCE (ELECTRONIC DISPLAY FOR FUEL PRICES) REQUEST: An Ordinance to amend the Section 212 and add a new Section 217 of the City Zoning Ordinance, pertaining to electronic displays of motor vehicle fuel prices. SUMMARY OF AMENDMENT The proposed amendment to Section 212 and the addition of a new Section 217 will provide a very limited exception to the Zoning Ordinance's prohibition of electronic display signage by allowing motor vehicle fuel prices to be displayed in electronic display (LED) format. The new Section 217 contains several restrictions on such displays, including those below. • The signs will only be allowed as part of a Conditional Use Permit for an automobile service station at which motor vehicle fuels are offered for sale (includes a convenience store where fuel is sold). The signs will also be allowed at establishments for which a Conditional Use Permit allowing fuel sales has previously been granted and remains in effect. • There will be no more than one such sign on the zoning lot where the establishment is located. • The sign will be monument-style and will not be allowed to exceed eight feet in height. • The sign will have no more than three separate panels for the electronic display of fuel prices, and each panel will be limited to the display of a single grade of fuel. • The fuel prices will not be allowed to change more often than two times in any 24-hour period. • Scrolling, flashing, blinking, or other type of intermittent movement or illumination of the elements of the electronic display will not be allowed. • The electronic display cannot exceed more than two colors. RECOMMENDATION Staff recommends approval. CITY OF VIRGINIA BEACH / Amendment for Fuel Price Signs Agenda Item 12 Page 1 Item #12 City of Virginia Beach Amendment to the Zoning Ordinance (Electronic Display for Fuel Prices) August 14, 2013 CONSENT An Ordinance to amend the Section 212 and add a new Section 217 of the City Zoning Ordinance, pertaining to electronic displays of motor vehicle fuel prices. The proposed amendment to Section 212 and the addition of a new Section 217 will provide a very limited exception to the Zoning Ordinance's prohibition of electronic display signage by allowing motor vehicle fuel prices to be displayed in electronic display (LED) format. The new Section 217 contains several restrictions on such displays, including those below. • The signs will only be allowed as part of a Conditional Use Permit for an automobile service station at which motor vehicle fuels are offered for sale (includes a convenience store where fuel is sold). The signs will also be allowed at establishments for which a Conditional Use Permit allowing fuel sales has previously been granted and remains in effect. • There will be no more than one such sign on the zoning lot where the establishment is located. • The sign wilt be monument-style and will not be allowed to exceed eight feet in height. • The sign will have no more than three separate panels for the electronic display of fuel prices, and each panel will be limited to the display of a single grade of fuel. • The fuel prices will not be allowed to change more often than two times in any 24-hour period. • Scrolling, flashing, blinking, or other type of intermittent movement or illumination of the elements of the electronic display will not be allowed. • The electronic display cannot exceed more than two colors. A motion was made by David Redmond and seconded by Jan Rucinski to approve item 12. AYE 11 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE NAY 0 ABS 0 ABSENT 0 Item #12 City of Virginia Beach Page 2 RUSSO AYE THORNTON AYE By a vote of 11-0, the Commission approved item 12 by consent. Bill Macali appeared before the Commission on behalf of the City. M. APPOINTMENTS Agricultural Advisory Commission Green Ribbon Committee Health Services Advisory Board Historical Review Board Parks and Recreation Commission Wetlands Board N. UNFINISHED BUSINESS O. NEW BUSINESS P. 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 ca)I the CITY CLERK'S OFFICE at 385-4303 *****************??*???*?**?*** 2014 CITY COUNCIL RETREAT Economic Development Conference Room 8: 30 A. M. -S: OD P. M. JANUARY 6TH & 7TH, 2014 2013 CITYHOLIDAYS Z'e#cpr;rzns 1)a V - .,1loradrrs', A"o venrhe:jr I1 7lranksgivr"rrg Dery & Dut' rrJ`ter T%trtrrks,+;iving .N,"o ver2tGer Zb' & 1?"ritlay, .'t'vverntacat• 2 9 C'hri,ctrnas 1:ve (hulf=rlrrv) - 7'z.rescltry, Decemr6er ?d f"larharnu,c Drrl, - i1'ednewrCrrV, I)eceinber 25 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACT/ONS R O S DATE: 08/27/2013 PAGE: 1 S- D H S AGENDA E H A E W ITEM # SUBJECT MOT10N VOTE D S E J M S U I A T D N O M M S H L W V E Y L N O O O R S O I P E E E S N M I O O S H R Y S S D S N N D I.-A CITY COUNCIL/SCHOOL BOARD BRIEFING A. [-IEALTH CARE Il-A CITY MANAGER'S BRIEFING A. SEVERE REPETITIVE LOSS - Mark Gemender, 1'EMA Program Operations Engineer - Public Works IIUNNNI CERTIFICATION CLOSED SESSION CERTIFIED 9-0 A A Y Y Y Y Y Y Y Y Y E F MINUTES - August 13, 2013 APPROVED 9-0 A A Y Y Y Y Y Y Y Y Y G/171-1 MAYOR'S PRESENTATIONS K1NG NEPTUNE XL/HIS COURT Edward Amborosso, Nancy A. Creech, President and CEO - Chair - Neptune Neptune Festival Celebration Committee 2 GFOA EXCELLENCE IN FINANCIAL Patricia Phillips, PLANNING Director - Finance I-1 POBLIC HEARING LEASE OF CITY-OWNED No Speakers PROPERT[ES - Little Lea ue J-1 Resolution re a Settlement Agreement ADOPTED, BY 9-0 A A Y Y Y Y Y Y Y Y l' with C. W. Williams/Fire re firefighting CONSENT turnoutgear 2 Ordinance re Employment Contract for ADOPTED, BY 8-I A A Y Y Y N Y Y Y Y 1' Cit Mana er CONSENT 3 Ordinance to AUTHORIZE/EXECUTE ADOPTED, BY 9-0 A A Y Y Y Y Y Y Y Y 1' Leases for City Park Little League CONSENT operations a. 2513 Shorehaven Drive - Great Neck l3aseball League, Inc. b. 952 Reon Drive - Kempsville Borough Boys Baseball, Inc. c. 586 North Lynnhaven Road - Boys Basebail of Lynnhaven, [ne. d. 632 Firefall Drive - Virginia Beach Little League, Inc. e. 3332 Northgate Drive- Plaza Little Lea ue, Inc. 4 Ordinance to AUTHORIZE/EXECUTE ADOPTED g_? A A Y Y Y N Y Y Y Y Y Agreement for valet parking spaces at Town Center CITY OF VIRCINIA BEACH SDMMARY OF COUNCIL ACTIONS R O S DATE: 08/27/2013 PAGE: 2 S- D H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE D S E J M S U 1 A T D N O M M S H L W V E Y L N O O O R S O I P E E E S N M t O O S H R Y S S D S N N D 5 Ordinance to REVISE membership of ADOP'I'ED, BY 9-0 A A Y Y Y Y Y Y Y Y Y COG (Review and Allocation Committee) CONSENT 6 Resolution to REQUEST VDOT provide ADOPTED, BY 9-0 A A Y Y Y Y Y Y Y Y Y funding for access road/turn lanes from CONSENT General Booth Boulevard serving Corporate Landing Business ParWAUTHORIZE a reements 7 Ordinance to APPROPRIATE an ADOPTED, BY 9-0 A A Y Y Y Y Y Y Y Y Y $80,000 interest-free loan to the Davis CONSENT Corner Volunteer Fire/Rescue re ambulance K-1 SISTERS II, LLC Variance to APPROVED/ 9-0 A A Y Y Y Y Y Y Y Y Y Subdivision Section 4.4 (b) to reconfigure CONDITIONED BY two (2) lots at 2381 Princess Anne Road CONSENT DISTRICT 7 - PRINCESS ANNE 2 NANCY F. BRAITHWAITE relocation/ APPROVED/ 9-0 A A Y Y Y Y Y Y Y Y y enlargement of Non-Conforminiz Use CONDITIONED BY (replacement of existing house with a CONSENT new one) at 520 Oceana Boulevard DISTRICT 6 - BEACH 3 AVALON CHURCH OF CHRIST APPROVED/ 9-0 A A Y Y Y Y Y Y Y Y Y Modifications of CUP to construct a CONDITIONED BY Children's Ministry building/parking CONSENT spaces at 844 Woodstock Road DISTRICT 2 - KEMPSVILLE DISTRICT 4 POCAHONTAS LANDING, LLC APPROVED/ 9-0 A A Y Y Y Y Y Y Y Y Y CUP re non-commercial marina to CONDITIONED BY construct pier at 300 Block of Public CONSENT Landing Road DISTRICT 7- PRINCESS ANNE 5 FIVE MILE STRETCH DEFERRED 9-0 A A Y Y Y Y Y Y Y Y ti' ASSOCIATES, LLC CCOZ from AG- INDEFINITELY 1/AG-2 to Conditional R-5D/(PD-H2 Overlay) at 2800 to 2900 Block of Princess Anne Road DISTRICT 7 - PRINCESS ANNE 6 NICHOLSON PROPERTIES, LLC/ ALLOWED 9-0 A A Y Y Y Y Y Y Y Y Y CITY COZ from A-12 to Conditional I-1 WITHDRAWAL to construct office-warehouse building at 405 Fountain Drive DISTRICT 6- BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTLONS R O S DATE: 08/27/2013 PAGE: 3 S- D H S AUENDA E H A E W ITEM # SUBJECT MOTION VOTE D S E J M S U 1 A T D N O M M S H L W V E Y L N O O O R S O t P E E E S N M I O O S H R Y S S D S N N D 7 CITY re COZ in Kempsville Historic ADOPTED, BY 9-0 A A Y Y Y Y Y Y Y Y Y Area, DISTRICT 2- KEMPSVILLE CONSENT a. B-2/Conditional B-2/0-2/11-7.5 I to B-4K Mixed Use b. B-2/ (HK) to B-4K Mixed Use at 403 South Witchduck Rd c. B-2 (HK) to B-4K Mixed Use at South Witchduck/Princess Anne Roads d. R-5D/B-2/0-2 (HK) to B-4K Mixed Use at Woodway Lane/ Herrick CourUWitchduck Road/Ruri[an Court/Bonney Road e. B-2 (HK) to B-4K Mixed Use at Princess Anne Road/Kempshire Lane f. B-2 (HK) to B-4K Mixed Use at 420 Woodwa Lane 8 Ordinance to AMEND Sections 203 of ADOPTED, BY 9-0 A A Y Y Y Y Y Y Y Y Y CZO re parking in B-4K HisYoric CONSENT Kem sville Area Mixed Use District L APPOINTMENTS RESCHEDULED g y C O N S E N S U S Health Services Advisory Board Parks and Recreation Agricultural Advisory Commission Reappointed 4 year term ] 0/O l /2013 - 09/30/2017: John W. Cromwell, Jr., Arnold Dawle Development Authority Appointed unexpired term thru 08/31/2015: Joseph E. Stran e Wetlands Board Reappointed 5 year term 10/0 1/2013 - 09/30/2018: Stephen B. Ballard, Molly Brown, Jeffrey L. Marks, Patrick Shuler Workforce Housing Advisory Boardd Reappointed 4 year term ] 0/01 /2013 - 09/30/2017: Jolinda Saunders, Planning Staff; John Voss, Licensed Real Estate Agent; William A. White, Citizen at Garge living in Virginia Beach ClTY OF VIRCIN/A BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 08/27/2013 PAGE: 4 S- D H S AGENDA E H A E W ITF:M # SUBJECT MOTION VOTE D S E J M S U 1 A T D N O M M S H L W V E Y L N O O O R S O 1 P E E E S N M t O O S H R Y S S D S N N D M/N/O I ADJOURNMENT I 7:50 PM 2013 FALL CITY COUNCIL RETREAT Economic Development Conference Room FRIDAY, SEPTEMBER 6, 2013 8:30 AM - 5:00 PM 2013 CITYHOLIDAYS Lrzbor L}ar - rYfoirtfar. Siptnnthrr 2 1'etertrrrs Dat' - iloitdap. ,b`vaernber I1 77znuksgnvirrg L)ur' ct, Dqp after 71auds;rivrrM _ 71rursdn}-. ",ovemtaer?& ,k 1 riJztt. ;1'r>verether ?4 f'ttr-istmas Evr lhalf-diql - 72w"Mr. C7ecnrnl3er2-/ (`Yrrrsrrnm Ihru- t{'?>drr,>rdirr, 1)nrvrryhvr ?S