HomeMy WebLinkAboutJUNE 14, 2005 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYE/IA E. OBERN[)ORI'~ At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. D1EZEL, Kempsville - District 2
ROBERT M. DYER, Centervil/e - District I
Rf';BA S. McCLANAN, Rose Hall - District 3
IUCHA/ID A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W SCHMID1: At-Large
RON A. VILLANUEVA, At-Large
ROSf.MARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
CITY A1TORNEY - LESLIE L LILLEY
CITY CLERK - RU1H HODGES <\MITH, MMC
14 JUNE 2005
I.
CITY MANAGER'S BRIEFINGS
- Conference Room -
2:00 P.M
CITY HALL BUiLDING
240i COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E-MAIL: Ctycncl@vbgov.com
A. WORKFORCE/AFFORDABLE HOUSING, PART II
Andrew M. Friedman, Director--Housing and Neighborhood Preservation
B. DOLPHIN PROMISE
Lynn Clements, Director--Museums and Cultural Arts
C. INTERNATIONAL SEASONAL WORKERS
James B. Ricketts, Director--Convention and Visitors Bureau
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA ITEMS
IV. INFORMAL SESSION
- Conference Room -
4:30PM.
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
6:00 P.M.
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend Thomas Conant
Christian Chapel Assembly of God
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
June 7, 2005
G. PUBLIC HEARINGS
1. RENTAL INSPECTION DISTRICTS
a. Repeal certain sections and add others re Rental Dwelling Unit Inspections
b. Designation of Rental Inspection Districts
2. REAL and PERSONAL PROPERTY TAX--Proposed Exemptions
a. Catholic Charities of Hampton Roads, Inc.
b. Virginia Beach Fraternal Order of Police Lodge #8
H. AGENDA FOR FORMAL SESSION
I. CONSENT AGENDA
J. ORDINANCES/RESOLUTIONS
1. Ordinances re RENTAL INSPECTION DISTRICTS:
a. DESIGNATION of Rental Inspection Districts
b. REPEAL 99 16-12 and 16-12.1 and ADD 99 16-2 and 16-12.1 through
16-12.9 re Rental Dwelling Unit Inspections
2. Ordinances to EXEMPT, in accordance with 958.1-3651 of the Virginia Code, the
following organizations from local real and personal property taxation:
a. Catholic Charities of Hampton Roads, Inc.
b. Virginia Beach Fraternal Order of Police Lodge #8
3. Ordinances to AMEND the City Code to reflect changes to the State Code:
a. 9 22 and ADD 9 22-11.2 re obscene sexual display
b. 9923-38 re damaging and defacing property, 23-45.1 re unlawful filming,
videotaping or photographing of another; and ADD 99 23-7.4 re escape from
custody and 23-8.3 re reimbursement of expenses for terrorism hoax
c. REORDAIN 9 27-3 re fees for copies of records and fingerprint card by Police
Department
d. 9 7-47 re bicycle headlights, taillights and reflectors with speeds over 35 miles
per hour or more
e. 9921-16,21-128,21-150,21-194,21-314,21-344 and 21-496 re traffic laws;
REPEAL 9 21-300; and ADD 9 21-23.1 re traffic regulations
f. 938-1 re carrying concealed weapons and ADD 9 38-6 re hunting with firearms
while under influence of intoxicant or narcotic drug
4. Ordinances re the Development Authority's (the "Authority") use of the Economic
Development Investment Program ("EDIP") funding:
a. $85,000 to Tidewater Institute of Sports, L.L.c. for assistance with the costs of
a pump station as required for the development of a recreational sports soccer
facility at the east side of Harpers Road, north of Dam Neck Road.
b. $50,000 to the Mid-Eastern Athletic Conference (MEAC) re relocation of the
MEAC headquarters
5. Ordinance to AUTHORIZE the Virginia Beach Performing Arts Center Foundation,
Inc. to grant naming rights to the theatre and component parts.
6. Resolution to AUTHORIZE the issuance of Industrial Development Revenue Bonds
(IDB) in an amount not to exceed $9,100,000 for the benefit of London Bridge Holding,
LLC re financing the acquisition, construction and equipping of property and
improvements at London Bridge Road and Precision Drive.
7. Resolution to AUTHORIZE the City Manager to execute the Memorandum of
Understanding (MOU) with Dolphin's Promise re the sponsorship, manufacture and
display of dolphin sculptures.
K. PLANNING
1. Application of ROBERT A. WINBAUER for the expansion of a Nonconforming Use
for alterations to a duplex and single family dwelling at 1312 Cypress Avenue.
DISTRICT 6 - BEACH
RECOMMENDATION:
APPROVAL
2. Application ofC. COOPER PEARCE, III and MARTHA PEARCE for the expansion of
a Nonconforming Use re alterations to a single family dwelling and the guest house shall be
deemed an accessory use and not rented as a separate dwelling at 117 Bay Colony Drive aka
117 4 ih Street.
DISTRICT 6 - BEACH
RECOMMENDATION:
APPROV AL
3. Application of WILLIAM A. BEIGEL for a Conditional Use Permit re a home
occupation (firearm sales) at 2529 Broad Bay Road.
DISTRICT 5 -LYNNHAVEN
RECOMMENDATION:
APPRO V AL
4. Application of RAINBOW STATION, INC. for a Conditional Use Permit re a child
care education center on the south side of Sandbridge Road, east of Princess Anne
Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION:
APPROV AL
5. Application of TRUE VICTORY OUTREACH MINISTRIES for a Conditional Use
Permit re a church at 1270 Diamond Springs Road.
DISTRICT 4 - BA YSIDE
RECOMMENDATION:
APPROVAL
6. Application of JEFFREY A. KROLL for a Conditional Use Permit re alternative
residential development on property located at the southeast intersection of Stowe Road
and North Stowe Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION:
APPROVAL
7. Application of ST. CROIX ASSOCIATES, L.P. for a Change of Zoning District
Classification from R-IO Residential District and A-12 Apartment District to
Conditional A-IS Apartment District on the north side of Newtown Road, east of
Diamond Springs Road.
DISTRICT 4 - BA YSIDE
RECOMMENDATION:
APPROVAL
8. Ordinance to AMEND 99 111 and 401 and ADD 9 239.02 of the City Zoning Ordinance
(COZ), defining the term "mulch processing facility", establishing mulch storage and
standards for mulch processing facilities as principal and conditional uses, respectively, in
Agricultural Zoning Districts.
RECOMMENDATION:
APPROV AL
L. APPOINTMENTS
ARTS and HUMANITIES COMMISSION
BEACHES and WATERWAYS COMMISSION
CHESAPEAKE ALCOHOL SAFETY ACTION PROGRAM
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
HEALTH SERVICES ADVISORY BOARD
MINORITY BUSINESS COUNCIL
OPEN SPACE ADVISORY COMMITTEE
P ARKS and RECREATION COMMISSION
SHORE DRIVE ADVISORY COMMITTEE
TOWING ADVISORY BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
** * * * * * * * *
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: VIRGINIA RELAY at 1-800-828-1120
***********
Agenda 06109/05/gw
V;WW. vbgov.com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
14 June 2005
Vice Mayor Louis R. Jones called to order the CITY MANAGER'S BRIEFING re Workforce/Affordable
Housing, Part II in the Council Conference Room, City Hall, on Tuesday, June 14, 2005, at 2:00 P.M.
Council Members Present:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones,
Reba S. McClanan, Rosemary Wilson and James L. Wood
Council Members Absent:
Mayor Meyera E. Oberndorf
[Returning from United States Conference
of Mayors and attending Economic
Development announcement of Mid-
Eastern Athletic Conference - arrived
during Closed Session)
Richard A. Maddox
[Entered: 3:00 P.M.]
Jim Reeve
[Entered: 2: 12 PM.]
Peter W Schmidt
[Primary Election)
Ron A. Villanueva
[Attending Economic Development
Announcement re Mid-Eastern
Athletic Conference -
entered: 3:30 P.M)
- 2-
CITY MANA GER'S BRIEFING
WORKFORCE/AFFORDABLE HOUSING
2:00 P.M.
ITEM # 54029
Andrew Friedman, Director of Housing and Neighborhood Preservation, responded to various City Council
questions posed during the April 26, 2005, Briefing:
Council Lady McClanan inquired if the staff can determine the
percentage of renters in single family neighborhoods?
Mr. Friedman advised there are several options which will be pursued
and the staff shall report to City Council.
Councilman Reeve referenced the need for a comprehensive housing
strategy, Mr, Friedman concurred and advised some policy options
will be discussed during this City Council Session. Additional work will
be accomplished toward a comprehensive strategy.
Council Lady Wilson referenced assessment values are behind true
market values. Mr, Friedman detailed information collected.
Housing by Assessed Value
Real Estate Assessor's Report, January 2005
Assessed Value % of Stock Approximate # of Units
Under $100,000 14% 18,700
$100,000 to $150,000 27% 36,000
$150,000 to $200,000 21% 28,000
$200,000 to $250,000 13% 17,300
Subtotal under $250,000 75% fOO,OOO
The actual sales data was obtained for 113 housing units sold in mid-April 2005. Current sales prices
average 40% higher than assessments.
Summary of Sales versus Assessments
Mid-April 2005
Item Assessed Value Sale Price
Average price $188,000 $258,000
Total Price $ 21-MILLION $ 29-MILLION
Percent Difference Not Available 40%
This adjustment reduces the estimated number ofhousing units valued under $250,000 by over 28,000, down
from 100,000 to approximately 72,000,
June 14,2005
- 3 -
CITY MANA GER'S BRIEFING
WORKFORCE/AFFORDABLE HOUSING
ITEM # 54029 (Continued)
Rental Vacancy Rates
In the previous presentation (April 26, 2005), the low rental vacancy
rates as a contributor to increasing prices and lack of availability of
any housing, affordable or not,
The April 2005 rental vacancy rates have been obtained from the
Tidewater Multifamily Housing Council, representing many of the
major apartment owners and managers
Rental Vacancy Rate reported by Multi Family Housing Council
# of Units # Vacant Vacancy Rate
6,420 69 1%
Source: Tidewater Multi Family
Housing Council
Some of the key issues raised in Part Iofthe Worliforce Housing Briefing: Owner occupied housing had a
very low vacancy rate: 2/10ths of 1 %. 4,700 owner households with low incomes were paying over 'half
their income for housing costs. Relative renter-occupied housing, there are 50,000 renter households in
Virginia Beach with a low vacancy rate (2.5% - now 1%). 7,000 renter households with low income are
paying over 50% of their income for rent.
Information was detailed relative household composition, first time home-buyers, wages and housing
costs, policy issues and work in progress.
Concerning household composition, there are approximately 80,000 that are two-parent or married couple
households, Over 40,000 households are "non-family", defined as a "single individual living alone, or
unrelated individuals residing in a household", These statistics, combined with over 20,000 single parent
households in Virginia Beach, relates the demand for different types of housing and abilities to afford
housing.
Household Composition and Housing Choice
Different household types prefer, and can afford, different types and
price ranges of housing
Single-earner households, including single parents and people living
alone in particular, face affordability problems
Householders without children often desire different housing types,
especially condominiums or other attached housing
June 14,2005
- 4 -
CITY MANA GER'S BRIEFING
WORKFORCE/AFFORDABLE HOUSING
ITEM # 54029 (Continued)
First Time Homebuyers
Providing a reasonable balance between supply and demand for first
time homebuyers allows peoplejust startingfamilies or households to
become owners in Virginia Beach
Virginia Tech projects that between now and 2010, 4,800 households
will be first time homebuyers with incomes between $20,000 and
$40,000, This wage range includes salaries for many City positions.
These households could potentially afford housing costing between
$70,000 and $125,000.
Conclusion: more than one out of every three of the houses in this price
range would have to be sold over the next five (5) years, and sold at
2005 values, to meet demand from this group.
Housing prices continue to outpace wage increases, therefore, this
problem will likely get worse.
This highlights the deficit of affordable homeownership opportunities
for first time homebuyers.
Concerning wages versus housing costs, regional wages for single workers are often much lower than
expected considering the housing crises. 80% to 90% of households have more than one (1) wage earner.
The single-earner households face the biggest affordability issues. In the region, the top five (5) occupations
by number of employed persons (totaling over 90,000 individuals) all paid less than $22,000 annually,
Affordable rent for a household earning $22,000 would be approximately $550. In April 2005, there were
eight (8) vacant units available with rents under $650 per month.
The Department of Housing and Neighborhood Preservation Partner
Group's subgroup on Land Use, working with the Planing Department,
has developed a set of DRAFT recommendations:
Land Use Goals
* Zoning must be adjusted to allow more total housing; and, to allow and
incentivize more affordable housing as a part of the overall increase in housing
In non-JLUS impacted Strategic Growth Areas, allow residential
development in all (except industrial) non-residential areas as a
conditional use, rather than requiring a rezoning. Establish a base
density for these areas
Consider allowing a density bonus in by-right development that
includes affordability
Change zoning to allow mixed-use development that includes housing
Increase the allowable by-right development density in residentially
zoned areas
Allow or require a percentage of affordable housing in new
developments of housing above a specified number of units
June 14, 2005
-5-
CITY MANA GER'S BRIEFING
WORKFORCE/AFFORDABLE HOUSING
ITEM # 54029 (Continued)
*An example cited: An applicant requesting twelve (12) units per acre wished affordable housing, as part
of their development. The Planning Department can allow the applicant to proceed, without a Conditional
Use Permit or a Rezoning, within a range of units per acre. This would be a major incentive for
developers,
Housing Finance Goals
Establish a "development board" to create a detailed proposal for a
Housing Trust Fund; and identify potential private support for such a
fund, including developer contributions.
Explore tax abatement options for development of new affordable
housing and for homeowner rehabilitation of existing housing.
The community dialogue and information process is being continued. The Partner Group process continues
to be open to all interested and involved stakeholders, Contacts have also been established with the City of
Suffolk and Prince William County, which also have an Affordable Housing Task Force and Plan,
Homelessness is also a part of affordable housing. Housing and Urban Development (HUD) is requiring
Virginia Beach to develop a 10-year community plan. The City is working with neighboring cities on
regional initiatives and developing a specific Regional programs and facility proposals.
Housing Preservation and Relocation Issues
Preservation of existing affordable housing, as well as rehabilitation
and redevelopment, will be key parts of an overall strategy
Determining whether the City's role should change in relation to
privately caused relocation
With the assistance of Robert Matthias, Assistant to the City Manager, the City will participate in the
Virginia Housing Commission, chaired by Delegate Terrie L. Suite, as well as other State housing policy
discussions. In the free market environment, Mr. Friedman advised the long term control of the price of
housing is difficult. However, there are on-going non-profit home ownership programs i.e. twenty (20)
affordable housing units, ten (10) can be sold to a non-profit organization which would rent this housing.
The other ten (IO) homes would be sold to the non-profit for resale as home ownership opportunities under
the various programs (low cost financing, grant programs, et cetera).
Relative increased density in established neighborhoods, the proposal is to be consistent with the
Comprehensive Plan, protect the community preservation areas (predominately single family), not to
change the character of residential development. The incentives and density increases would only apply
predominately in the commercial corridors and areas adjacent to them (strategic growth areas). Throughout
the United States, twenty percent (20%) of home sales were to investors to gain rental income.
Mr. Friedman advised the Section 8 Housing Program operates solely on choice. Fair Housing Choice
requires individuals choose where they reside and the City must refrain from directing where they live. The
only tool available by Housing and Neighborhood Preservation is a list of landlords who are willing to
accept Section 8 Housing. Section 8 Housing operates by landlord and tenant choice. Housing and
Neighborhood Preservation annually inspects the properties within the program.
A Resolution shall be scheduled for a City Council Session to refer the Workforce/Affordable Housing
issues to the Planning Commission for review and recommendation.
June 14, 2005
- 6-
CITY MANA GER'S BRIEFING
DOLPHIN PROMISE
ITEM # 54030
2:45 P.M.
Lynn Clements, Director - Museums and Cultural Arts, introduced a non-profit group entitled "A
Dolphin's Promise", led by Cindy Graf President. Fred Greene, Vice President and Amy Barton, Public
Relations, are participants in this project,
Cindy Graf advised in 1999, with the passing of her mother, age 64,from colon cancer, she wanted to create
a legacy in her honor. Utilizing her gifts as an artist, combined with a project which would substantially
raise funds for cancer treatment and prevention, seemed to be a perfect match. The Dolphin embodied all
the qualities so admired and loved in her mother (grace, compassion, quiet inner beauty and giving spirit,
which so profoundly touched all). The Dolphin would be the perfect symbol of her hope and compassion.
Ms. Graf advised Jean Siebert, who is now a Director of "A Dolphin's Promise", her dream. Jean shared
her enthusiasm. The Lance Armstrong Foundation embodies the ideals and will be the benefactor of any
funds raised in the project. $l-MILLION will be the goal. The Dolphins are the symbol of hope that one day,
all inhabitants will be living in a World "free from Cancer". Ms. Graf expressed appreciation to her Board
members:
Fred Greene
Vice President Operations
Patrick Barton
Vice President
Chris Guido
Secretary
Ted Clarkson
Treasurer
(Virginia Beach Foundation)
Amy Barton
Public Relations
Thomas Fraim
Director
Councilman Jim Reeve
Director
Jean Siebert
Director
Cindy expressed gratitude to Mayor Oberndorf for her enthusiastic support. Mayor Oberndorf met with
Cindy and Fred Greene in her office in early March. Mayor Oberndorf shared the excitement and gave her
promise to assist in any manner. The City Manager, pulled together all the agencies in the City who would
be involved in this process. Diane Roche, Media and Communications, provided enormous assistance. Diane
advised talent is only the beginning. There is an equation to be followed to succeed.
June 14,2005
I~
- 7-
CITY MANAGER'S BRIEFING
DOLPHIN PROMISE
ITEM # 54030 (Continued)
Lynn Clements distributed information re a Memorandum of Understanding. The Memorandum of
Understanding (MOU) states dolphin sculptures will be sponsored by corporations, business owners and
private individuals, pursuant to sponsorship agreements with "A Dolphin's Promise". The proceeds from
the sponsorship agreements will be donated to the Lance Armstrong Foundation for the advancement of
cancer education, research, advocacy and public health with a donation to the Virginia Aquarium
Stranding Center. To assist with "A Dolphin's Promise" endeavor to raise funds for the Lance Armstrong
Foundation and the Virginia Aquarium Stranding Center, the Memorandum of Understanding states the City
will provide "A Dolphin's Promise" with access to City property for the display of dolphin sculptures, assist
in the installation of the sculptures on City property, maintain the grounds surrounding the dolphin
sculptures and endorse by assisting with publicity for the dolphin sculpture project, Each dolphin sculpture
will be created by an artist whose design has been approved by the Public Art Committee of the Virginia
Beach Arts and Humanities Commission. An estimated two hundred (200) sculptures will be displayed at
various locations through the City, commencing in September 2005 (Dolphin Day Ceremony).
Amy Barton, Public Relations, distributed information relative the sculpture with an artist application,
copyright and design assignment. These applications will be located at the Contemporary Arts Center and
the Virginia Aquarium, Artists can also e-mail: adolphinsvromise@hotmail.com Over fifty (50) artists'
applications have been received, more than 'half of whom are cancer survivors. Within the Sandbridge
community, over thirty (30) dolphins have been sold. Donationsfor the dolphins commence at $3,500. An
honorarium of $800 can be received by the artists; however, the majority of the artists do not want the
honorarium and will provide their services free of charge. The possible honorarium and the actual cost to
produce the dolphin are the only charges deducted from the donations, All the other activities are performed
by volunteers. The sculptures are 7 (seven) feet in length and approximately 65 (sixty-five) to 70 (seventy)
pounds.
Cindy Graf advised a Board of Directors meeting Wednesday evening, June 15, 2005, at which time a
sponsorship package will be developed. Cindy has sculpted a 2-1/2- foot dolphin, which will be available
for those who cannot contribute re a higher level of sponsorship. Norfolk's Scope AND the Virginia Beach
Amphitheatre will request every recording artists performing at their venues to autograph approximately
50 to 60 smaller sculptured dolphins, At a future date, these will be auctioned to raise local funds for
cancer, The Lance Armstrong Foundation has agreed to take the funds and dedicate them to the State of
Virginia. This can be even broken down further by dedicating the majority offunds to programs in the City
of Virginia Beach. The Lance Armstrong Foundation is also offering incentives to different levels of
sponsors.
Vice Mayor Jones read Mayor Meyera E. Oberndorf's letter of support. Mayor Oberndorfwas not able to
return from the United States Conference of Mayors meeting in time to speak re the Virginia Beach Dolphin
Art Sculpture project, Mayor Oberndorf is excited about enhancing the beauty of the City with these works
of art and applauds the vision and hard work of ",4 Dolphin's Promise". Said letter is hereby made a part
of the record.
This item is scheduled for the City Council Session:
J. 7. Resolution to A UTHORIZE the City Manager to execute the
Memorandum of Understanding (MOU) with Dolphin's Promise
re the sponsorship, manufacture and display of dolphin
sculptures.
June 14, 2005
- 8-
CITY MANA GER'S BRIEF ING
INTERNATIONAL SEASONAL WORKERS
ITEM # 54031
3:00 P.M.
James B. Ricketts, Director - Convention and Visitors Bureau, advised the Governor will hold a Press
Conference this Friday, June 17, 2005, at 2:30 P.M., 31st Street Park, re Executive Order Six, a mandate
to all the State Employees to bring meetings to the State of Virginia because of the new Convention Centers
andfacilities being built. Mr. Ricketts wished to advise City Council Members in case they wish to attend.
City Council directed the Convention and Visitors Bureau provide information relative initiating services
to assist international seasonal workers in Virginia Beach during the Summer Season. Mr. Ricketts and
staff met with representatives from the Virginia Beach Hotel/Motel Association, Restaurant Association,
and Resort Retailers Association. Mr, Ricketts also spoke with the Virginia Beach United Methodist Church,
which also has a program to assist the international seasonal workers, An interview was conducted with
the local Social Services Administration, in terms of a process for securing Social Security cards, met with
a volunteer and a local business owner who had been providing services to some workers over the years.
Information was securedfrom City agencies pertaining to potential locations for services, housing related
zoning ordinances, current services (Libraries), Communications and Information Technology (ComIt) and
resources assessed available within the Convention and Visitors Bureau, Research of the Ocean City and
Lake George areas was conducted relative their programs to assist the international seasonal workers.
Mr, Ricketts recognized Mike Standing, President - Restaurant Association, Brandon Ramsey - Resort
Retailers Association, and Nancy Perry, Executive Director - Hotel/Motel Association, who were in
attendance,
Hester Waterfield, Visitor Services Administrator, advised the Virginia Beach United Methodist Church,
through the Potters House on 18th Street, offers a bike ministry. Free bicycles are distributed to workers for
the length of time they are working in Virginia Beach. The workers must show a Visa with name, address
and country and must agree to return the bike when the workers leave the area. Normally the international
seasonal workers leave by the first week in October, A seminar will be conducted at the Virginia Beach
United Methodist Church's Social Hall on Friday evening (5:00 P.M. - 7:00 P.M.), June 17, 2005. This
seminar is sponsored by the Virginia Beach Student Aid Association.
Social Services Administration - International workers
10-day waiting period from the time they enter the country enables the
Social Security Administration to receive J-1 status from Home Land
Security (immigration)
Must have passport and other paperwork in hand (DS-20 19 Letter/form, 1-
94 Card, J-1 Status should be stapled in passport)
Apply in person to the Social Security Office (Can bring in completed
application or fill out at the office)
Applicant receives a receipt for the process
If all is verified after 48 hours, the worker can call and get their Social
Security Number
Social Security cards are mailed (most sent to place of employment) in 7-10
days,
Cannot process applications offsite
June 14, 2005
- 9-
CITY MANA GER'S BRIEFING
INTERNATIONAL SEASONAL WORKERS
ITEM # 54031 (Continued)
The Public Affairs Specialist in the Norfolk office indicates a program could be offered off-site that explains
the Social Security system and to respond to any questions, The Manager indicated they do not process any
applications off site. Direct access is needed to their system and the paperwork must be notarized,
Local Volunteer Interviews
Cultural Home Stay International and Local Business Owner
To assess some of the needs of foreign workers
Workers have a contact through an agency
Must have contracted employment, only some have pre-committed
housing. Many need to secure housing after they arrive in Virginia Beach
Transportation and transportation passes
Housing database
More than just one gathering place - central and in Resort Area
Calling cards
Call Center
Internet access
Availability of language translators
Safety Seminars
City Agencies
Library (Oceanfront)
Hours of Operation: 10 A,M. - 9 P.M. Monday - Thursday
10 AM - 5 PM Friday-Saturday, Closed Sunday
Access to general and research information
Computer access available (limited)
Housing and Neighborhood Preservation
Resources to prepare sheet for the renters outlining what they should
secure when they rent a property
Resources to get the housing units that register with the City inspected
Provide the renters with information concerning City codes, etc.
Information relative the Ocean City and Lake George programs are hereby made a part of the record.
Recommended Plan of Action (Remainder 2005 Season)
Video/Meeting Room in main Visitor Center (2100 Parks Avenue)
converted to accommodate immediate need for services
Summer hours: 9AM - 8 PM: mid-June
Information Packets
Bulletin Board (employment and available housing)
Two (2) computer terminals (free to use but with time limitations)
Trolley passes available for sale
One (I) temporary employee to staff this area during operating hours
Volunteers will be solicited
Information will be put on website
Budget
June 14, 2005
- 10-
CITY MANA GER'S BRIEFING
INTERNATIONAL SEASONAL WORKERS
ITEM # 54031 (Continued)
BUDGET
Temporary Employee Remainder of 2005 Season (Services provided $ 10,000
seven (7) days a week. 11 hours a day. Covers staffing, research and
posting of housing and jobs, establishing inventory of services
specifically for workers, solicitation of volunteers, monitoring of
computer use)
Cost of Equipment (Computers Estimated) 3,000
TOTAL $ 13,000
Pam Lingle worked with Barry Shockley, Management Services, to identify other locations in the Oceanfront
area that are available now and which might be appropriate:
Research of Other Locations
Trailer behind the City Treasurer/Emergency Medical Services (19h
Street): Cost $2,500 per month plus electricity, estimated at $250
Storefront on 17h Street: across from Rite Aid, vacant, Total available
space 5,000 square feet, 2,500 square feet could be rented: long term price
$3,200 per month
Things Unlimited (off 17th Street): short term lease 2,000 - 2,500 square
feet: $2,000 per month
Small storefront on Pacific Avenue (between Jewish Mother and Waffle
House): No working restrooms, no cost given, consider a short term lease
(might have a different use in the future).
House on Birdneck Road, next to the Law Enforcement Academy. It is fully
utilized this year with the Housing and Neighborhood Preservation Care
Program and Parks and Recreation Senior Programing. However, Housing
and Neighborhood Preservation is trying to open a services center on
Baker Road and if this occurs, this building will be vacant and available
for next Summer.
Potters House (I8th Street) - Initiate meetings with the Pastor at Virginia
Beach United Methodist Church and the Director of Potters House to
determine interest in partnering with the City to provide additional
services.
BY CONSENSUS, City Council directed the Convention and Visitors Bureau to move forward with the
Recommended Plan of Action (Remainder 2005 Season) for the International Seasonal Workers.
Councilman Wood referenced the USO's concerns re a site at the beach during the Patriotic Festival. Mr.
Ricketts will confer with the USO and determine their needs.
June 14,2005
-11 -
AGE N DA REV I E W S E S S ION
3:30 P.M.
ITEM # 54032
J.l.Ordinances re Rental Inspection Districts:
a. DESIGNATION of Rental Inspection Districts
b. REPEAL 99 16-12 and 16-12,1 and ADD 99 16-2 and 16-
12.1 through 16-12,9 re Rental Dwelling Unit Inspections
Andrew Friedman, Director of Housing and Neighborhood Preservation, advised the tenant is notified
through an occupant letter that their unit is subject to inspection. An appointment re the inspection is made
with the tenant, If the unit is occupied, the tenant must be present, as the Department needs permission to
inspect the unit.
ITEM # 54033
BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA:
ORDINANCES/RESOLUTIONS
J.l. Ordinances re Rental Inspection Districts:
a. DESIGNATION of Rental Inspection Districts
b, REPEAL9916-12 and 16-12.1 and ADD 9916-2and 16-
12.1 through 16-12.9 re Rental Dwelling Unit Inspections
1.2, Ordinances to EXEMPT, in accordance with 958,1-3651 of
the Virginia Code, the following organizations from local real
and personal property taxation:
a, Catholic Charities. of Hampton Roads, Inc.
b. Virginia Beach Fraternal Order of Police Lodge #8
1. 3. Ordinances to AMEND the City Code to reflect changes to the
State Code:
a, 922 and ADD 9 22-11,2 re obscene sexual display
b. 9923-38 re damaging and defacingproperty, 23-45.1
re unlawful filming, videotaping or photographing of
another; and ADD 99 23-7.4 reescapefrom custody
and 23-8.3 re reimbursement of expenses for
terrorism hoax
c. REORDAIN 927-3 refeesfor copies of records and
fingerprint card by Police Department
June 14,2005
- 12-
AGE N DA REV IE W S E S S ION
ITEM # 54033 (Continued)
d. 97-47 re bicycle headlights, taillights and reflectors with
speeds over 35 miles per hour or more
e. 9921-16,21-128,21-150,21-194,21-314,21-344 and 21-
496 re traffic laws; REPEAL 9 21-300; and ADD 9 21-
23,1 re traffic regulations
f 938-1 re carrying concealed weapons andADD 938-6 re
hunting with firearms while under influence of intoxicant
or narcotic drug
1. 4, Ordinances re the Development Authority's (the
"Authority") use of the Economic Development Investment
Program ("EDIP") funding:
a. $85,000 to Tidewater Institute of Sports, L.L. C. for
assistance with the costs of a pump station as required for
the development of a recreational sports soccer facility at
the east side of Harpers Road, north of Dam Neck Road,
b. $50,000 to the Mid-Eastern Athletic Conference (MEAC)
re relocation of the MEA C headquarters
1.5. Ordinance to AUTHORIZE the Virginia Beach
Performing Arts Center Foundation, Inc. to grant
naming rights to the theatre and component parts.
1. 6. Resolution to A UTHORIZE the issuance of Industrial
Development Revenue Bonds (IDB) in an amount not to
exceed $9,100,000 for the benefit of London Bridge
Holding, LLC re financing the acquisition, construction
and equipping of property and improvements at London
Bridge Road and Precision Drive.
1. 7. Resolution to A UTHORIZE the City Manager to execute
the Memorandum of Understanding (MOU) with
Dolphin's Promise re the sponsorship, manufacture and
display of dolphin sculptures.
Council Lady McClanan will vote a VERBAL NAY on Item 1.2,a. (Catholic Charities of Hampton Roads,
Inc.) and J.4.b. (Mid-Eastern Athletic Conference (MEAC).
Item 1.4,a, (Tidewater Institute of Sports) shall be DEFERRED sixty (60) days.
June 14, 2005
- 13-
AGENDA RE VIE W SESSION
ITEM # 54034
K.3. Application of WILLIAM A. BEIGELfora Conditional
Use Permit re a home occupation (firearm sales) at 2529
Broad Bay Road.
DISTRICT 5 - LYNNHA VEN
Council Lady Wilson advised a Policy relative firearm sales was to be formulated but has not been presented
to City Council. Council Lady Wilson requested discussion of this item during the Formal Session.
ITEM # 54035
BY CONSENSUS, the folloWing shall compose the CONSENT AGENDA:
PLANNING
K.1. Application of ROBERT A. WINBAUER for the
expansion of a Nonconforming Use for alterations to a
duplex and single family dwelling at 1312 Cypress
Avenue.
DISTRICT 6 - BEACH
K.2. Application ofe. COOPER PEARCE, III and MARTHA
PEARCE for the expansion of a Nonconforminf! Use re
alterations to a single family dwelling and the guest house
shall be deemed an accessory use and not rented as a
separate dwelling at 117 Bay Colony Drive aka 117 47th
Street.
DISTRICT 6 - BEACH
K.4. Application of RAINBOW STATION, INe. for a
Conditional Use Permit re a child care education center
on the south side of Sandbridge Road, east of Princess
Anne Road.
DISTRICT 7 - PRINCESS ANNE
K.5. Application of TRUE VICTORY OUTREACH
MINISTRIES for a Conditional Use Permit re a church
at 1270 Diamond Springs Road.
DISTRICT 4 - BA YSIDE
K. 6, Application of JEFFREY A. KROLL for a Conditional
Use Permit re alternative residential development on
property located at the southeast intersection of Stowe
Road and North Stowe Road.
DISTRICT 7 - PRINCESS ANNE
June 14,2005
- 14 -
AGENDA RE VIE W SESSION
ITEM # 54035 (Continued)
K. 7, Application of ST. CROIX ASSOCIATES, L.P. for a
Chan~e of Zonin~ District Classification from R-IO
Residential District and A-12 Apartment District to
Conditional A-I8 Apartment District on the north side of
Newtown Road, east of Diamond Springs Road, DISTRICT
4 -BAYSIDE
K.8. Ordinance to AMEND 99111 and 401 and ADD 9239.02
of the City Zoning Ordinance (COZ), defining the term
"mulch processing facility ", establishing mulch storage
and standards for mulch processingfacilities as principal
and conditional uses, respectively, in Agricultural Zoning
Districts.
Council Lady McClanan will vote a VERBAL NA Y on Item K. 7 (St. Croix Associates, L.P.)
June 14, 2005
- 15 -
CITY COUNCIL COMMENTS
3:45 P.M.
ITEM # 54036
Councilman Dyer advised last Saturday, June 11, 2005, the Clean Community Commission, held the "Clean
the Bay" activity with a picnic at Bayside Park. Councilman Dyer expressed appreciation for the dedication
and attendance of Cindy Curtis, Director - Parks and Recreation, Council Lady McClanan, Daniel Baxter,
President - Council of Civic Organizations, and Ruby Arredondo - Clean Community Coordinator.
ITEM # 54037
Council Members Dyer and Villanueva conducted a Centerville Community Dialogue meeting, Monday,
June 13, 2005, 6:30 P.M., at Tallwood High School, Councilman Dyer extended appreciation to Vice Mayor
Jones, Council Members Wood, Diezel and staff members for their attendance and response to the citizens.
The staff stayed approximately another hour, after the conclusion of the Dialogue, to respond to a number
of citizens: James K. Spore, City Manager, Ruth Hodges Smith, City Clerk, Charles Meyer, Chief Operating
Officer, Karen Lasley, Zoning Administrator, Jack Whitney, Chief Financial Officer, Cindy Curtis, Director
- Parks and Recreation and Chief Bruce Edwards -Emergency Medical Services were in attendance.
ITEM # 54038
Council Lady McClanan referenced e-mails and telephone calls from citizens last week concerning "shots"
fired in the neighborhoods at the Oceanfront. Incidents were just as disturbing this weekend. Council Lady
McClanan spoke with Barbara Clark, President, 16th and Arctic Community Association, she will provide
this information,
The City Manager will provide a report on activities in these areas.
ITEM # 54039
Councilman Maddox, Liaison, advised the Convention Center should be substantially completed by June
30,2005. Turner Construction is now paying $17,000 day in punitive damages as substantial completion
was due June 6, 2005.
June 14, 2005
- 16-
ITEM # 54040
Vice Mayor Jones entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant
to Section 2.1-344( A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective
candidates for employment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation of specific public officers, appointees
or employees pursuant to Section 2.2-3711 (A) (1).
To Wit: Appointments: Boards and Commissions:
Arts and Humanities Commission
Beaches and Waterways Commission
Chesapeake Bay Alcohol Safety Action Program
Hampton Roads Planning District Commission - HRPDC
Health Services Advisory Board
Investment Partnership Advisory Committee - PPEA
Minority Business Council
Open Space Advisory Committee
Parks and Recreation Commission
Shore Drive Advisory Committee
Towing Advisory Board
Virginia Beach Community Development Corporation
PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition,
acquisition, or use of real property for public purpose, or of the disposition of
publicly-held property, or of plans for the future of an institution which could affect
the value of property owned or desirable for ownership by such institution pursuant
to Section 2.2-3711(A)(3).
Norfolk Southern right-of-way
LEGAL MA TTERS: Consultation with legal counselor briefings by staff members,
consultants, or attorneys pertaining to actual or probable litigation, or other specific
legal matters requiring the provision of legal advice by counsel pursuant to Section
2.2-3711 (A)(7).
Team Effort, Inc. d/b/a "LIVE ", et ai, versus City of Virginia Beach
Upon motion by Councilman Reeve, seconded by Councilman Wood, City Council voted to proceed
into CLOSED SESSION (3:50 P.M.).
June 14,2005
- 17-
ITEM # 54040 (Continued)
Voting: 8-0
Council Members Voting Aye:
Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard
A. Maddox, Jim Reeve, Ron A, Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf Harry E. Diezel and Peter W Schmidt
Mayor Meyera E. Oberndorf
[Returning from United States Conference
of Mayors and attending Economic
Development announcement of Mid-
Eastern Athletic Conference - arrived
during Closed Session)
(Break: 3:52 P.M. - 3:55 P.M.)
(Closed Session: 3:55 P.M. - 5:10 P.M.)
(Dinner: 5:10 P.M. - 5:50 P.M.)
June 14,2005
- 18-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
June 14, 2005
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 14, 2005, at 6:00 P.M
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Mayor Meyera E. Oberndorf Jim Reeve, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
Richard A. Maddox
Peter W. Schmidt
[Primary Election)
INVOCATION: Reverend Thomas Conant
Christian Chapel Assembly of God
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman
and Company and is directly and indirectly involved in many of Goodman and Company's transactions.
However, due to the size of Goodman and Company and the volume of transactions it handles in any given
year, Goodman and Company has an interest in numerous matters in which her husband is not personally
involved and of which she does not have personal knowledge. In order to ensure her compliance with both
the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to
thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters
in which she might have an actual or potential conflict. If, during her review she identifies any matters, she
will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council.
Council Lady Wilson regularly makes this disclosure, Council Lady Wilson's letter of January 27,2004, is
hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not
personally involved and of which she does not have personal knowledge. In order to ensure her compliance
with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her
practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any
matters in which she might have an actual or potential conflict. If during her review she identifies any
matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of
City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January
27, 2004, is hereby made a part of the record.
June 14, 2005
-19 -
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM # 54041
At the request of Mayor Oberndorf (due to congestion in her ears), Vice Mayor Jones Chaired the City
Council Session,
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A, Maddox and Peter W Schmidt
June 14,2005
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 54040, page 16, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711(A) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
June 14, 2005
- 20-
Item V-F.].
MINUTES
ITEM #54042
Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSION of June 7, 2005
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Jim Reeve, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A, Maddox and Peter W Schmidt
June 14, 2005
- 21 -
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM #54043
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
June 14, 2005
- 22-
Item V-G.la/b.
PUBLIC HEARING
ITEM #54044
Vice Mayor Jones DECLARED A PUBLIC HEARING:
RENTAL INSPECTION DISTRICTS
a. Repeal certain sections and add others re Rental Dwelling Unit Inspections
b. Designation of Rental Inspection Districts
The following registered to speak in SUPPORT:
Gladys Sain, Property Manager - Goodman-Segar-Hogan Real Estate, Chair - Hampton Roads Realtors
Association's Property Management, 184 Business Park Drive, Phone: 473-9700
Tina Bradley, Volunteer Inspector for City of Virginia Beach, and Real Estate Agent - Remax Alliance,
President - Elect, National Association of Residential Property Managers, 4701 Columbus Street,
Phone: 456-2345
There being no further speakers, Vice Mayor Jones CLOSED THE PUBLIC HEARING
June 14,2005
- 23-
Item V-G.2a/b.
PUBLIC HEARING
ITEM #54045
Vice Mayor Jones DECLARED A PUBLIC HEARING:
REAL and PERSONAL PROPERTY TAX - Proposed Exemptions:
Catholic Charities of Hampton Roads, Inc.
Virginia Beach Fraternal Order of Police Lodge #8
There being no speakers, Vice Mayor Jones CLOSED THE PUBLIC HEARING
June 14,2005
- 24-
Item V-G.3.
MA YOR's RECOGNITION
ITEM #54046
Mayor Oberndorf recognized Dr. Dennis Thomas, Commissioner - Mid-Eastern Athletic Conference
(MEAC) and Donald Maxwell, Director - Economic Development,
Mr. Maxwell referenced the Press Conference conducted at 2:00 P.M., today, June 14, 2005, concerning
the Economic Development Announcement relative the relocation of the Mid-Eastern Athletic
Conference (MEAC) to the City of Virginia Beach. MEACwilllease approximately 6,800 squarefeet of
space in the Town Center Office Tower. The relocation will incur a significant impact, promoting the
academic as well as athletic setting. Agreements will detail meetings and Championships, which will result
in a minimum of more than 1,100 room nights and the leasing of banquet facilities and meeting rooms.
The Chair of the League, Dr, Harvey, was in attendance during the Press Conference. The following
financing assistance shall be necessary:
Armada/Hoffler complete build-out of space and write-down cost of space,
resulting in a contribution of more than $60,000 over the 5-year term
Virginia Beach Development Authority contribution of $50,000 through the
Economic Development Investment Program Fund
Commonwealth of Virginia's pledge matching the City's contribution (to be
paid by December 31,2005)
Dr. Dennis Thomas expressed his pleasure to be in Virginia Beach, and his previous experience as Director
of Athletics for Hampton University (Hampton, Virginia) for twelve (12) years. This City's educational
system is extraordinary and Dr. Thomas was very impressed with the Town Center renaissance. MEAC is
committed to engage the youth of the community impressing upon them the importance of education, self
respect and respectfor authority. There have been seven (7) meetings conducted over the last eighteen (18)
months. The Mid-Eastern Athletic Conference (MECA) consists of eleven (11) institutions located from
Baltimore, Maryland, to Tallahassee, Florida, for a combined enrollment of over 75,000 undergraduate
students. The African American institutions comprise medical, law, engineering programs and are among
the outstanding universities in America. Florida A & M University has the highest enrollment of 15,000 with
the lowest being the University of Maryland Eastern Shore comprised of 1,300,
This item is scheduled under Ordinances/Resolutions:
J. 4. Ordinance re the Development Authority's (the "Authority ') use of the
Economic Development Investment Program ("EDIP") funding:
b. $50,000 to the Mid-Eastern Athletic Conference (MEAC) re
relocation of the MEAC headquarters
June 14, 2005
- 25 -
Item V-J.
ORDiNANCES/RESOLUTIONS
ITEM # 54047
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council APPROVED IN ONE
MOTION Items 1a/b, 2a/b, 3a-f, 4a (DEFERRED), 4b, 5,6 and 7 of the CONSENT AGENDA.
Item 4a (Tidewater Institute of Sports) was DEFERRED 60 days, BY CONSENT.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Peter W Schmidt
Council Lady McClanan voted a VERBAL NA Yon Item J.2a. (Catholic Charities of Hampton Roads, Inc.)
and Item J.4.b. (Mid-Eastern Athletic Conference)
June 14,2005
- 26-
Item V-J.la/b
ORDINANCES/RESOLUTIONS
ITEM # 54048
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances re Rental Inspection Districts:
a. DESIGNATION of Rental Inspection Districts
b, REPEAL 99 16-12 and 16-12.1 and ADD 99 16-2 and 16-12.1
through 16-12.9 re Rental Dwelling Unit Inspections
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. OberndorJ, Jim Reeve, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Peter W. Schmidt
June 14,2005
1
2
3
4
5
6
AN ORDINANCE DESIGNATING
CERTAIN AREAS OF THE CITY AS
RENTAL INSPECTION DISTRICTS
WHEREAS, Section 36-105.1: 1 allows local governing bodies
7
to
designate
areas
within
their
jurisdiction
as
rental
8 inspection districts, in which residential rental dwelling units
9 are subject to systematic inspections; and
10
WHEREAS, areas may be designated as rental inspection
11 districts only upon a finding by the City Council that they meet
12 the following criteria:
13
1.
There is a need to protect the public health,
14
safety and welfare of the occupants of dwelling
15
units inside the designated rental inspection
16
districts;
17
2 .
The residential rental dwelling units wi thin the
18
designated rental inspection districts are either
19
blighted or in the process of deteriorating, or
20
the residential rental dwelling units are in the
21
need of inspection by the Code Official to
22
prevent deterioration, taking into account the
23
number, age and condition of residential rental
24
dwelling units
inside
the
rental
inspection
25
districts; and
1
r I
26
3.
the inspection of residential rental dwelling
27
units inside the rental inspection districts is
28
necessary to maintain safe, decent and sanitary
29
living conditions for tenants and other residents
30
living in the rental inspection districts; and
31
WHEREAS, based upon the foregoing criteria, the Department
32 of Housing and Neighborhood Preservation has recommended that
33 the following census block groups be designated as rental
34 inspection districts:
35
36 CENSUS BLOCK GROUP NEIGHBORHOOD
37 I. 402001 LAKE EDWARD
38 2 . 402002 LAKE EDWARD
39 3. 402004 BURTON STATION
40 4. 404021 BROAD MEADOWS
41 5. 404022 CAMPUS EAST
42 6. 404023 CAMPUS EAST
43 7 . 404024 CAMPUS EAST
44 8. 404031 DIAMOND SPRINGS
45 9. 404032 DIAMOND SPRINGS
46 10. 404033 LAKE SMITH
47 1I. 406001 NEWTOWN SQUARE
48 12. 406002 NORTHRIDGE
49 13. 408024 LYNNBROOKE LANDING
50 14. 410021 POCAHONTAS VILLAGE
51 . 15. 410022 COUNTY VIEW MOBILE HOMES
52 16. 410031 ARAGONA VILLAGE
53 17. 410032 ARAGONA VILLAGE
54 18. 410033 PEMBROKE MANOR
55 19. 410034 PEMBROKE MANOR
56 20. 410041 ARAGONA VILLAGE
57 2I. 410042 ARAGONA VILLAGE
58 22. 410043 ARAGONA VILLAGE
59 23. 410044 AGAGONA VILLAGE
60 24. 428011 PRINCESS ANNE PLAZA
61 25. 428012 PRINCESS ANNE PLAZA
62 26. 428013 PRINCESS ANNE PLAZA
2
63 27. 428014
64 28. 428015
65 29. 428021
66 30. 428022
67 31. 428023
68 32. 440011
69 33. 440012
70 34. 440013
71 35. 440021
72 36. 440022
73 37. 440023
74 38. 440025
75 39.442001
76 40. 442002
77 41. 442004
78 42. 448061
79 43. 448062
80 44. 448063
81 45. 448065
82 46. 448071
83 47. 448072
84 48. 448073
85 49. 448074
86 50. 448081
87 51. 448082
88 52. 448083
89
90 53. 454051
91 54. 454052
92 55. 454053
93 56. 454054
94 57. 454055
95 58. 454061
96 59. 454062
97
98 60. 454063
99 61. 454071
100 62. 454072
101 63. 454073
102 64. 454141
103 65. 454142
104 66. 454143
105 67. 454144
106 68. 454145
107 69. 454151
108 70. 454152
PRINCESS ANNE PLAZA
PRINCESS ANNE PLAZA
PRINCESS ANNE PLAZA
PRINCESS ANNE PLAZA
PRINCESS ANNE PLAZA
BARBERTON/OCEANFRONT/24TH ST.
BARBERTON / OCEANFRONT / 24TH ST.
BIRDNECK/LASKIN RD.
OCEANFRONT/OLD BEACH
OCEANFRONT/OLD BEACH
OCEANFRONT/OLD BEACH
OCEANFRONT
SEATACK/TRAILER CITY
SEATACK
SEATACK
ATLANTIC PARK/OCEANA
ATLANTIC PARK OCEANA
OCEANA GARDENS
GATEWOOD PARK
HILLTOP MANOR
WASHINGTON SQUARE
WASHINGTON SQUARE
POINT-O-WOODS
LYNNHAVEN LANDING/REAGAN AVE.
DEERWOOD TRACE
OCONEE APARTMENTS
/TRAILER PARK
OAK SPRINGS
GREEN RUN
GREEN RUN
GREEN RUN
OAK SPRINGS
SCARBOROUGH SQUARE
SCARBOROUGH SQUARE
/CARDINAL ESTATES
GREEN RUN
LONDON BRIDGE
MAGIC HOLLOW
MAGIC HOLLOW
PRINCESS ANNE PLAZA
PRINCESS ANNE PLAZA
THE LAKES
THE LAKES
PECAN GARDENS
CARRIAGE HILL
CARRIAGE HILL
3
109 7l. 456022 THALIA (BETWEEN V.B. BLVD.
110 AND BONNEY RD.)
111 72. 456023 THALIA TRACE
112 73. 456024 THALIA (S. FIR, SOUTH OF
113 BONNEY RD.)
114 74. 458011 WINDSOR WOODS
115 75. 458031 LARKSPUR MEADOWS
116 76. 458051 WINDSOR WOODS
117 77. 458052 WINDSOR WOODS
118 78. 458061 WINDSOR WOODS
119 79. 458062 WINDSOR WOODS
120 80. 458063 WINDSOR OAKS WEST
121 / LIBERTY RIDGE
122 8l. 458064 PECAN GARDENS TOWNHOUSES
123 82. 458071 WINDSOR OAKS WEST
124 / HOLLAND MEADOWS
125 83. 458081 TIMBERLAKE
126 84. 458082 TIMBERLAKE
127 85. 458091 CHIMNEY HILL
128 86. 458092 CHIMNEY HILL
129 87. 458093 GREEN RUN
130 88. 458101 GREEN RUN
131 89. 460051 KEMPSVILLE HEIGHTS /
132 WEDGEWOOD TRAILER HOMES
133 90. 460053 KEMPSVILLE LAKES
134 9l. 460054 KEMPSVILLE LAKES
135 92. 460111 LARKSPUR GREENS
136 93. 460121 TIMBERLAKE
137 94. 460122 TIMBERLAKE
138 95. 460123 GREEN RUN
139 96. 460124 GREEN RUN
140 97. 460125 GREEN RUN
141 98. 460131 GREEN RUN
142 99. 460132 GREEN RUN
143 100. 460133 GREEN RUN
144 10l. 462051 COLLEGE PARK
145 102. 462052 COLLEGE PARK
146 103. 462053 COLLEGE PARK
147 104. 462054 COLLEGE PARK
148 105. 462055 COLLEGE PARK
149 106. 462056 COLLEGE PARK
150
151
4
152 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
153 OF VIRGINIA BEACH, VIRGINIA:
154 That the City Council hereby finds that the areas of the
155 City comprised of the census tract block groups set forth
156 hereinabove fulfill the aforesaid criteria for designation as
157 rental inspection districts.
158
BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF
159 VIRGINIA BEACH, VIRGINIA:
160
That the areas of the City comprised of the census
161 tract block groups set forth hereinabove be, and hereby are,
162 designated as rental inspection districts.
163
BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF
164 VIRGINIA BEACH, VIRGINIA:
165 That the designation of the aforesaid areas as rental
166 inspection districts shall become effective on July 1, 2005.
167 Adopted by the Council of the City of Virginia Beach on the
168 14th day of June, 2005.
5
----:----
CONTENT:
hborhood
APPROVED AS TO LEGAL SUFFICIENCY:
(;JJJM jt1.NuJ
City Attorney's Office
6
Proposed
Rental Inspection
Districts
Legend
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Proposed Rental Inspection District
D 2000 Cansus Tract
D 2000 Census Block Group
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1
2
3
4
5
6
AN ORDINANCE REPEALING SECTIONS 16-12 AND 16-
12.1 AND ADDING SECTIONS 16-2, 16-12.1, 16-
12.2, 16-12.3, 16-12.4, 16-12.5, 16-12.6, 16-
12.7, 16-12.8 AND 16-12.9 OF THE CITY CODE,
PERTAINING TO A RENTAL DWELLING UNIT
INSPECTION PROGRAM
7
8
Sections Repealed: City Code 55 16-12 and 16-
12.1
9
10
11
Sections Added: City Code 55 16-2,
16-12.2, 16-12.3, 16-12.4, 16-12.5,
16-12.7, 16-12.8 and 16-12.9
16-12.1,
16-12.6,
12
13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15 That Sections 16-12 and 16-12.1 of the City Code are hereby
16 repealed, and Sections 16-2 and 16-12.1, 16-12.2, 16-12.3, 16-12.4,
17 16-12.5, 16-12.6, 16-12.7, 16-12.8 and 16-12.9 of the City Code,
18 are hereby added, to read as follows:
19 ARTICLE I. IN GENERAL
20
21 Sec. 16-2. Definitions.
22
The following words, terms and phrases shall have the
23 following meanings when used in this Article:
24
Code Enforcement Administrator means the code enforcement
25 administrator of the Department of Housing and Neighborhood
26 Preservation or his designee.
27 Dwelling Unit means a building or structure or part thereof
28 that is used for a home or residence by one or more persons who
29 maintain a household.
1
,-
30 Owner means the person or entity shown as such on the current
31 real estate assessment books or current real estate assessment
32 records of the City.
33 Residential rental dwelling unit means a dwelling unit that is
34 leased or rented to one or more tenants and that is subject to the
35 provisions of this Article.
36 Sec. 16-11. Violations of chapter generally.
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
(1 )
(a)
(2)
Except as otherwise provided herein, any ARy owner
or any other person who shall violate any provision
of this chapter or who shall fail, refuse or
neglect to comply in all respects with the
provisions of this chapter shall be deemed guilty
of a misdemeanor, and upon conviction shall be
punished by a fine of not more than twenty-five
hundred dollars ($2,500.00).
Additionally,
if
violation
concerns
a
the
residential unit and if the violation remains
uncorrected at the time of the conviction, the
court shall order the violator to abate or remedy
the violation in order to comply with the
provisions of this chapter. Except as otherwise
provided by the court for good cause shown, any
such violator shall abate or remedy the violation
within six (6) months of the date of conviction.
Any person convicted of a second offense committed
2
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
within less than five (5) years after a first
offense under this chapter shall be punished by a
fine of not less than one thousand dollars
($1,000.00) nor more than twenty-five hundred
dollars ($2,500.00). Any person convicted of a
second offense committed wi thin a period of five
(5) to ten (10) years of a first offense under this
chapter shall be punished by a fine of not less
than five hundred dollars ($500.00) nor more than
twenty-five hundred dollars ($2,500.00). Any person
convicted of a third or subsequent offense
invol ving the same property committed wi thin ten
(10) years of an offense under this chapter after
having been at least twice previously convicted
shall be punished by confinement in jail for not
more than ten (10) days and a fine of not less than
twenty-fi ve hundred dollars ($2,500.00) nor more
than five thousand dollars ($5,000.00), either or
both. No portion of the fine imposed for such third
or subsequent offense committed wi thin ten (10)
years of an offense under this chapter shall be
suspended.
(3) Except as otherwise provided, each day that a
violation continues shall constitute a separate
offense.
3
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
(b)
(1)
(2 )
Any owner or any other person who violates any
provision of this chapter relating to the removal
or the covering of lead-based paint which poses a
hazard to the health of pregnant women and children
under the age of six (6) years who occupy the
premises shall, upon conviction, be guilty of a
misdemeanor and shall be subject to a fine of not
more than twenty-five hundred dollars ($2,500.00).
If the court convicts pursuant to this subsection
and sets a time by which such hazard must be
abated, each day the hazard remains unabated after
the time set for the abatement has expired shall
constitute a separate violation.
Upon a reasonable showing to the court by a
landlord that such landlord is financially unable
to abate the lead-based paint hazard, the court
shall order any rental agreement related to the
affected premises terminated effective thirty (30)
days from the entry of the court order. For
purposes of the preceding sentence, termination of
the
shall
be
deemed
rental
agreement
not
(3 )
noncompliance by the landlord.
As used in this subsection, the term "landlord"
means the owner, lessor or sublessor of a dwelling
unit or the building of which such dwelling unit is
4
105
a part; and "landlord" also means a manager of the
106
premises who fails to disclose the name of such
107
owner, lessor or sublessor.
108
(c) Except as otherwise provided, conviction of a violation
109 of any of the provisions of this chapter shall not preclude the
110 institution of legal proceedings to restrain, correct or abate such
111 violation or any other remedy at law or in equity.
112
113
Sec. 16 12.
CcrtificatcB of compliancc; inBpcctionB of certain
d"ellingB and d"clling uni tB . [Repealed]
114 Scc. 16 12.1. CertificatcB of c:Jtcmption. [Repealed]
115 Sec. 16-12.1. Establishment of Rental Inspection Districts.
116
a.
The City Council may, by ordinance, designate one or more
117 areas of the City as rental inspection districts after holding a
118 public hearing thereon. Notice of the hearing shall be published
119 once per week for two successive weeks in a newspaper of general
120 circulation. The City Council shall, prior to designating any such
121 district, make the following findings:
122
1.
There is a need to protect the public health,
123
safety and welfare of the occupants of dwelling
124
units inside the designated rental inspection
125
districts;
126
2 .
The residential rental dwelling units wi thin the
127
designated rental inspection districts are either
128
(a) blighted or in the process of deteriorating, or
129
(b) the residential rental dwelling units are in
5
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
the need of inspection by the Code Enforcement
Administrator to prevent deterioration, taking into
account the number, age and condition of
residential rental dwelling units inside the rental
inspection districts, and
3. The inspection of residential rental dwelling units
inside the rental inspection districts is necessary
to maintain safe, decent and sanitary living
conditions for tenants and other residents living
in the rental inspection districts.
b. The City Council may, by ordinance, designate individual
residential rental dwelling units located outside of a designated
rental inspection district as subject to the provisions of this
Article, based upon a finding that:
1. There is a need to protect
welfare and safety of the
individual dwelling unit;
The individual residential
the public health,
occupants of that
2 .
rental dwelling units
in the process of
are
either
blighted
or
deteriorating; or
3. There is evidence of violations of the Building
Code that affect the safe, decent and sanitary
living conditions for tenants in such individual
dwelling units.
6
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
c. A map showing the rental inspection districts described
in this section shall be available for public inspection in the
Department of Housing and Neighborhood Preservation.
Sec. 16-12.2. Applicability.
The provisions of this Article shall apply to residential
rental dwelling units located within the districts designated by
the City Council pursuant to Section 16-12.1 (a) and to such other
individual residential rental dwelling units as the City Council
may designate pursuant to Section 16-12.1 (b).
Sec. 16-12.3. Notification.
a. After the designation of a rental inspection district or
the designation of an individual residential rental dwelling unit,
the Code Enforcement Administrator shall make reasonable efforts to
notify all owners of residential rental dwelling units located
within the designated rental inspection districts and to the owners
of individual residential rental dwelling units so designated, or
their managing agents, of the adoption of the designation
ordinance. Such notification shall also include information
concerning, and an explanation of, the provisions of this Article
and the responsibilities of the owner pursuant to such provisions.
No initial inspection of any residential rental dwelling unit shall
be conducted until written notice of such inspection has been
provided to the owner of such unit.
the Code Enforcement Administrator
The mailing of said notice by
shall be deemed sufficient
7
178 notice for purposes of authorizing initial inspections pursuant to
179 this Article
180 b. The owner of any residential rental dwelling unit located
181 within an inspection district shall, no later than sixty (60) days
182 after the date of adoption of the ordinance, notify the Code
183 Enforcement Administrator in writing of any property that is used
184 as a residential rental dwelling unit. Such notice and information
185 shall be submitted on a form provided by the Code Enforcement
186 Administrator. Any owner who willfully fails to comply with the
187 requirements of this subsection after having been given notice
188 pursuant to Subsection (a) hereof shall be subject to a civil
189 penalty in the amount of Fifty Dollar ($50.00). Such civil penalty
190 shall be in lieu of all other penalties.
191 Sec. 16-12.4. Inspection and Certificate Required.
192 a. Initial Inspection. The Code Enforcement Administrator
193 may, in conjunction with written notification pursuant to Section
194 16-12.3, inspect the dwelling units in the designated rental
195 inspection districts to determine whether the units are used as
196 residential rental property and whether such units are in
197 compliance with the provisions of the Uniform Statewide Building
198 Code that affect the safe, decent and sanitary living conditions
199 for the tenants of such property.
200 b. periodic Inspections. Following the initial inspection
201 of a residential rental dwelling unit, the Code Enforcement
202 Administrator may inspect any residential rental dwelling unit in a
8
203 rental inspection district that is not otherwise exempted a maximum
204 of once per calendar year.
205 c. Follow-up Inspections Upon the initial or periodic
206 inspection of a residential rental dwelling unit, the Code
207 Enforcement Administrator may require the owner of the dwelling
208 unit to submit to such follow-up inspections of the dwelling unit
209 as the Code Enforcement Administrator deems necessary, until such
210 time as the dwelling unit is brought into compliance with the
211 provisions of the Uniform Statewide Building Code that affect the
212 safe, decent and sanitary living conditions for the tenants.
213 Sec. 16-12.5. Exemptions.
214 (a) If, upon the initial or a periodic inspection of a
215 residential rental dwelling unit for compliance with the Uniform
216 Statewide Building Code, the Code Enforcement Administrator
217 determines that there are no violations of the Uniform Statewide
218 Building Code that affect the safe, decent and sanitary living
219 conditions for the tenants of such residential rental dwelling
220 unit, he shall provide to the owner of such residential rental
221 dwelling unit an exemption from the rental inspection ordinance for
222 a minimum of four years.
223 (b) Upon the sale of a residential rental dwelling unit, the
224 Code Enforcement Administrator may perform a periodic inspection
225 within a reasonable time after the consummation of such sale.
9
226 (c) If a newly - constructed residential rental dwelling unit
227 has been issued a certificate of occupancy within the four years
228 prior to the designation of the area as a rental inspection
229 district, an exemption shall be granted for a minimum period of
230 four years from the date of the issuance of the certificate of
231 occupancy.
232 (d) The Code Enforcement Administrator may revoke any such
233 exemption above if the residential rental dwelling unit becomes in
234 violation of the Uniform Statewide Building Code during the
235 exemption period.
236 Sec. 16-12.6. Multi-family Developments.
237 a. If a multi-family development contains more than ten (10)
238 residential rental dwelling units during the initial and annual
239 inspections, the Code Enforcement Administrator shall inspect a
240 maximum of ten per cent (10%) of the number residential rental
241 dwelling units, but not less than two (2) units.
242 b. If, upon inspection of a sampling of dwelling units, the
243 Code Enforcement Administrator determines that there are violations
244 of the Uniform Statewide Building Code that affect the safe, decent
245 and sanitary living conditions for the tenants of such multi-family
246 development, the Code Enforcement Administrator may inspect as many
247 dwelling units as he deems reasonably necessary to enforce the
248 Building Code.
249
10
249 Sec. 16-12.7. Issuance of Certificate; Fees.
250 Except as provided in below, there shall be no inspection fee
251 for the inspection of a dwelling unit. If repairs or corrections
252 are deemed necessary by the Code Enforcement Administrator, and a
253 follow-up is required, no fee shall be charged for the follow-up.
254 If, however, subsequent follow-ups are required, there shall be
255 charge a fee of Fifty Dollars ($50.00) per dwelling unit for each
256 subsequent unit follow-up. No follow-up shall be performed, nor
257 any Certificate be issued, until all fees have been paid.
258 Sec. 16-12.8. Effect on existing law.
259 a. Nothing in this Article shall be construed to limit,
260 impair, alter or extend the rights and remedies of persons in their
261 relationship of landlord and tenant as such rights and remedies
262 exist under applicable law.
263 b. Nothing in this article shall be construed to relieve or
264 exempt any person from otherwise complying with all applicable
265 laws, ordinances, standards and regulations pertaining to the
266 condition of buildings and other structures.
267 c. Nothing in this article shall be construed to limit the
268 authority of the Code Enforcement Administrator to perform housing
269 inspections in accordance with applicable law.
270 d. The City Council may amend any provisions of Sections 16-
271 2, 16-12.1, 16-12.2, 16-12.3, 16-12.4, 16-12.5, 16-12.6, 16-12.7,
272 16-12.8 or 16-12.9 after holding a public hearing. Notice of the
11
-,------
273 hearing shall be published once per week for two successive weeks
274 in a newspaper of general circulation.
275 Sec. 16-12.9. Violation; penalty.
276 a. Except as provided in Section 16-12.4, any person failing
277 to comply with the requirements of this Article shall be subject to
278 the penalties established in Section 16-11, provided, however, that
279 the Code Enforcement Administrator may take such further and
280 additional action as is allowed by law in order to obtain
281 compliance with the requirements of this Article.
282 This ordinance shall become effective on July 1, 2005.
283 Adopted by the City Council of the City of Virginia Beach,
284 Virginia, on this 14th day of June, 2005.
12
- 27-
Item V-J.2.a.
ORDINANCES/RESOLUTIONS
ITEM # 54049
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to EXEMPT, in accordance with 958,1- 3 651 of the Virginia Code,
the following organization from local real and personal property taxation:
a, Catholic Charities of Hampton Roads, Inc.
Voting:
8-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Mayor Meyera
E. Oberndorf, Jim Reeve, Ron A, Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Richard A. Maddox and Peter W. Schmidt
June 14,2005
1
2
3
4
5
AN ORDINANCE TO DESIGNATE CATHOLIC
CHARITIES OF HAMPTON ROADS, INC., AS
BEING EXEMPT FROM LOCAL REAL AND
PERSONAL PROPERTY TAXATION
6
WHEREAS, in accordance with 9 58.1-3651 of the Code of
7 Virginia, the Council of the City of Virginia Beach has advertised
8 and conducted a public hearing on the issue of granting an
9 exemption from local property taxes to Catholic Charities of
10 Hampton Roads, I nc .
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
1.
That the Council of the City of Virginia Beach, Virginia,
14 hereby designates Catholic Charities of Hampton Roads, Inc., as a
15 charitable organization within the context of 9 6 (a) (6) of Article
16 X of the Constitution of Virginia.
17
2.
That personal property owned by Catholic Charities of
18 Hampton Roads, Inc., located within the City of Virginia Beach that
19 is used exclusively for charitable purposes on a nonprofit basis is
20 hereby exempt from local property taxation.
21
3.
This exemption is contingent on the following:
22
(a) continued use of the property by Catholic Charities
23
of Hampton Roads, Inc., for exclusively charitable
24
purposes;
25
(b)
that each July I, Catholic Charities of Hampton
26
Roads, Inc., shall file with the Commissioner of
27
the Revenue a copy of its most recent federal
28
income tax return, or, if no such return is
29
required, it shall certify its continuing tax
30
exempt status to the Commissioner of the Revenue;
31
and
32
(c) That every three years, beginning on July I, 2008,
33
Catholic Charities of Hampton Roads, Inc., shall
34
file with the Commissioner of the Revenue an
35
application for continuation of the exemption.
36
That the effective date of this exemption shall be July
4.
37 I, 2005.
38 Adoption requires an affirmative vote of three-fourths of the
39 members of the Ci ty Council.
40
Adopted by the Council of the City of Virginia Beach,
41
Virginia, on the 14
day of
June
, 2005.
CA-9541
H:\PA\GG\ORDRES\CCHR.doc
R-l
June 2, 2005
])TJkTON7vr;;;iENCY,
Cify Attorne~s Office
2
Citye>f Virgi:rl..ia. Bea.ch
June 2, 2005
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456.9004
(757) 427-4531
FAX (757) 426-5687
TOO (757) 427.4305
LESLIE L. LILLEY
CITY ATTORNEY
Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re: Local Tax Exemption Ordinances
Dear Mayor Oberndorf and Members of Council:
At the June 14, 2005 Council meeting, a public hearing on the subject of local tax
exemptions requests has been scheduled. As you will recall, the public hearing is a prerequisite
for City Council to grant requests from organizations that desire relief from the City's personal
property and/or real estate taxes. In order to assist you in your consideration of these requests, ,
we are enclosing copies of the applications filed by both organizations whose requests will be the
subject ofthe public hearing.
The following table summarizes the two requests to be heard on June 14:
Catholic Charities $49,168.40 $1,819.23 $0 $0 $1,819.23
of Harnpton
Roads, Inc.
Virginia Beach $13,183.20 $487.77 $816,327.00 $9,766.54 $10,254.31
Fraternal Order of
Police Lodge #8
/
Honorable Meyera E. Oberndorf, Mayor
Members of City Council
2
June 2, 2005
Under State law, the City Council must consider the following factors in determining
whether to grant an exemption:
1. Whether the organization is exempt from taxation pursuant to 9 501 (c) of the
Internal Revenue Code of 1954;
2. Whether a current annual alcoholic beverage license for serving alcoholic
beverages has been issued by the Virginia Alcoholic Beverage Control Board to
such organization, for use on such property;
3. Whether any director, officer, or employee of the organization is paid
compensation in excess of a reasonable allowance for salaries or other
compensation for personal services which such director, officer, or employee
actually renders;
4. Whether any part of the net earnings of such organization inures to the benefit of
any individual, and whether any significant portion of the service provided by
such organization is generated by funds received from donations, contributions, or
local, state or federal grants. As used in this subsection, donations shall include
the providing of personal services or the contribution of in-kind or other material
servIces;
5. Whether the organization provides services for the common'good ofthe 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 governmg body deems
pertinent to the adoption of such ordinance.
As you know, the Community Organization Grant (COG) Committee reviews
applications and recommends whether or not an exemption should be granted. The Committee
has reviewed the applications and has recommended that an exemption be granted for both
applicants coming before you on June 14. At the same time, however, you should be aware that,
according to the policy on tax exemptions adopted by the City Council on February 3, 2004
(copy enclosed), "[t]he organization's property taxes must represent a significant burden, at least
either $250 or more annually or 5% or more of its expenditures for last fiscal year (whichever is
Honorable Meyera E. Oberndorf, Mayor
Members of City Council
3
June 2, 2005
greater)." If that policy is adhered to, neither of the current applications could be granted.
Catholic Charities of Hampton Roads' property taxes represent less than one percent of the
organization's expenditures for the fiscal year. Virginia Beach Fraternal Order of Police Lodge
#8's property taxes represent 4.7 percent of the organization's expenditures for the fiscal year.
As a final matter, while the public hearing has been advertised for June 14, the City
Council may, if it desires, defer voting on each application until a later date. The decision is
entirely within City Council's discretion.
If any of you has any questions, or wishes to discuss this matter, please do not hesitate to
call me.
Very~IY:O~~. /U
ill/lkt~&i
Deputy City Attorney
WMM/JKT
Enclosures
c(w/o enc): James K. Spore, City Manager
- 28-
Item V-J.2.b.
ORDINANCES/RESOLUTIONS
ITEM # 54050
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to EXEMPT, in accordance with 858.1-3651 of the Virginia Code,
the following organization from local real and personal property taxation:
b. Virginia Beach Fraternal Order of Police Lodge #8
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Peter W. Schmidt
June 14, 2005
1
2
3
4
5
AN ORDINANCE TO DESIGNATE VIRGINIA
BEACH FRATERNAL ORDER OF POLICE
LODGE #8 AS BEING EXEMPT FROM LOCAL
REAL AND PERSONAL PROPERTY TAXATION
6
WHEREAS, in accordance with ~ 58.1-3651 of the Code of
7 Virginia, the Council of the City of Virginia Beach has advertised
8 and conducted a public hearing on the issue of granting an
9 exemption from local property taxes to Virginia Beach Fraternal
10 Order of Police Lodge #8.
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
1.
That the Council of the City of Virginia Beach, Virginia,
14 hereby designates Virginia Beach Fraternal Order of Police Lodge #8
15 as a charitable organization within the context of ~ 6 (a) (6) of
16 Article X of the Constitution of Virginia.
17
2.
That real and personal property owned by Virginia Beach
18 Fraternal Order of Police Lodge #8 located within the City of
19 Virginia Beach that is used exclusively for charitable purposes on
20 a nonprofit basis is hereby exempt from local property taxation.
21
3.
This exemption is contingent on the following:
22
(a) continued use of the property by Virginia Beach
23
Fraternal Order of Police Lodge #8 for exclusively
24
charitable purposesi
25
(b)
that each July 1, Virginia Beach Fraternal Order of
26
Police Lodge #8 shall file with the Commissioner of
27
the Revenue a copy of its most recent federal
28
income tax return, or, if no such return is
29
required, it shall certify its continuing tax
30
exempt status to the Commissioner of the Revenue;
31
and
32
(c) That every three years, beginning on July I, 2008,
33
Virginia Beach Fraternal Order of Police Lodge #8
34
shall file with the Commissioner of the Revenue an
35
application for continuation of the exemption.
36
That the effective date of this exemption shall be July
4.
37 I, 2005.
38 Adoption requires an affirmative vote of three-fourths of the
39 members of the Ci ty Council.
40
Adopted by the Council of the City of Virginia Beach,
41
Virginia, on the
1 4 day of
June
, 2005.
CA-9541
H:\PA\GG\ORDRES\FOP.doc
R-l
June 2, 2005
2
Citye>f Virgi:rl..ia. Bea.ch
June 2, 2005
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456.9004
(757) 427-4531
FAX (757) 426-5687
TOD (757) 427-4305
LESLIE L. LILLEY
CITY ATTORNEY
Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re: Local Tax Exemption Ordinances
Dear Mayor Oberndorf and Members of Council:
At the June 14, 2005, Council meeting, a public hearing on the subject of local tax
exemptions requests has been scheduled. As you will recall, the public hearing is a prerequisite
for City Council to grant requests from organizations that desire relief from the City's personal
property and/or real estate taxes. In order to assist you in your consideration of these requests,
we are enclosing copies of the applications filed by both organizations whose requests will be the
subject of the public hearing.
The following table summarizes the two requests to be heard on June 14:
Catholic Charities $49,168.40 $1,819.23 $0 $0 $1,819.23
of Hampton
Roads, Inc.
Virginia Beach $13,183.20 $487.77 $816,327.00 $9,766.54 $10,254.31
Fraternal Order of
Police Lodge #8
Honorable Meyera E. Oberndorf, Mayor
Members of City Council
2
June 2, 2005
Under State law, the City Council must consider the following factors in determining
whether to grant an exemption:
1. Whether the organization is exempt from taxation pursuant to S 501 (c) of the
Internal Revenue Code of 1954;
2. Whether a current annual alcoholic beverage license for serving alcoholic
beverages has been issued by the Virginia Alcoholic Beverage Control Board to
such organization, for use on such property;
3. Whether any director, officer, or employee of the organization is paid
compensation in excess of a reasonable allowance for salaries or other
compensation for personal services which such director, officer, or employee
actually renders;
4. Whether any part of the net earnings of such organization inures to the benefit of
any individual, and whether any significant portion of the service provided by
such organization is generated by funds received from donations, contributions, or
local, state or federal grants. As used in this subsection, donations shall include
the providing of personal services or the contribution of in-kind or other material
servIces;
5. Whether the organization provides services for the common good ofthe 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 governmg body deems
pertinent to the adoption of such ordinance.
As you know, the Community Organization Grant (COG) Committee reviews
applications and recommends whether or not an exemption should be granted. The Committee
has reviewed the applications and has recommended that an exemption be granted for both
applicants coming before you on June 14. At the same time, however, you should be aware that,
according to the policy on tax exemptions adopted by the City Council on February 3, 2004
(copy enclosed), "[t]he organization's property taxes must represent a significant burden, at least
either $250 or more annually or 5% or more of its expenditures for last fiscal year (whichever is
Honorable Meyera E. Oberndorf, Mayor
Members of City Council
3
June 2, 2005
greater)." If that policy is adhered to, neither of the current applications could be granted.
Catholic Charities of Hampton Roads' property taxes represent less than one percent of the
organization's expenditures for the fiscal year. Virginia Beach Fraternal Order of Police Lodge
#8's property taxes represent 4.7 percent ofthe organization's expenditures for the fiscal year.
As a final matter, while the public hearing has been advertised for June 14, the City
Council may, if it desires, defer voting on each application until a later date. The decision is
entirely within City Council's discretion.
If any of you has any questions, or wishes to discuss this matter, please do not hesitate to
call me.
Very truly yours,
~ L:lley
City Attorney
WMMILLL/JKT
Enclosures
c(w/o enc): James K. Spore, City Manager
- 29-
Item V-J.3a1b/c/d/e/f
ORDINANCES/RESOLUTIONS
ITEM # 54051
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances to AMEND the City Code to reflect changes to the State Code:
a. 822 and ADD 8 22-11.2 re obscene sexual display
b, 88 23-38 re damaging and defacing property, 23-45.1 re
unlawful filming, videotaping or photographing of another; and
ADD 88 23-7,4 re escape from custody and 23-8,3 re
reimbursement of expenses for terrorism hoax
c. REORDAIN 827-3 refeesfor copies of records and
fingerprint card by Police Department
d. 8 7-47 re bicycle headlights, tail lights and reflectors with
speeds over 35 miles per hour or more
e, 8821-16,21-128,21-150,21-194,21-314,21-344 and21-496 re
traffic laws; REPEAL 8 21-300; and ADD 8 21-23.1 re traffic
regulations
f 8 38-1 re carrying concealed weapons and ADD 8 38-6 re
hunting with firearms while under influence of intoxicant or
narcotic drug
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E, Oberndorf, Jim Reeve, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A, Maddox and Peter W. Schmidt
June 14, 2005
1
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3
4
5
AN ORDINANCE TO AMEND CHAPTER 22 OF THE
CITY CODE BY ADDING A NEW SECTION 22-
11.2 PERTAINING TO OBSCENE SEXUAL
DISPLAY
6
SECTION ADDED: 5 22-11.2
7
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
That Chapter 22 of the City Code is hereby amended and
10 reordained by the addition of a new section 22-11.2, to read as
11 follows:
12 Sec. 22-11.2. Obscene sexual display; penalty.
13
Any person who, while in any public place where others are
14 present, intending that he be seen by others, intentionally and
15 obscenely as defined in 5 22-2, engages in actual or explicitly
16
simulated acts of masturbation,
is guilty of a Class 1
17 misdemeanor.
18 Adopted by the City Council of the City of Virginia Beach,
19 Virginia, on this 14th day of June, 2005.
1
1 AN ORDINANCE TO AMEND ~~ 23-38 PERTAINING TO
2 DAMAGING, DEFACING, PROPERTY GENERALLY AND 23-
3 45 UNLAWFUL FILMING, VIDEOTAPING OR
4 PHOTOGRAPHING OF ANOTHER AND ADD ~~ 23-7.4
5 PERTAINING TO ESCAPE WITHOUT FORCE OR VIOLENCE
6 OR SETTING FIRE TO JAIL AND 23-8.3 PERTAINING
7 TO REIMBURSEMENT OF EXPENSES INCURRED
8 RESPONDING TO TERRORISM HOAX INCIDENT
9
10
11 SECTION AMENDED: ~~ 23-38 and 23-45.1
12 SECTIONS ADDED: ~~ 23-7.4 and 23-8.3
13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15 That Sections 23-38 and 23-45.1 of the City Code are hereby
16 amended and reordained and Sections 23-7.4 and 23-8.3 of the City
17 Code are hereby added, to read as follows:
18 Sec. 23-7.4. Escape without force or violence or setting fire to
19 jail
20 Except as provided in Virginia Code ~ 18.2-479.B, any person
21 lawfully confined in jailor lawfully in the custody of any court,
22 officer of the court, or of any law-enforcement officer for
23 violation of his probation or parole or on a charge or conviction
24 of a misdemeanor, who escapes, other than by force or violence or
25 by setting fire to the jail, is guilty of a Class 1 misdemeanor.
26
27 Sec. 23-8.3. Reimbursement of expenses incurred in responding to
28 terrorism hoax incident.
29 Any person who is convicted of a violation of Virginia Code ~
30 18.2-46.6 subsection B or C when his violation of such section is
1
47 Sec. 23-38. Damaging, defacing, etc., property generally.
48 (a) If any person, unlawfully but not feloniously, destroys,
49 defaces, damages or removes without the intent to steal any
50 property, real or personal, not his own, he shall be guilty of a
51 Class 3 misdemeanor.
52 (b) If any person intentionally causes such injury, he shall
53 be guilty of a Class 1 misdemeanor if the v~lue of or d~m~ge to the
54 property i8 le88 th~n one thou8~nd doll~r8 ($1,000.00). The
2
55 punishment for any such violation in which the defacement is (i)
56 more than 20 feet off the ground, (ii) on a railroad or highway
57 overpass, or (iii) committed for the benefit of, at the direction
58 of, or in association with any criminal street gang, as that term
59 is defined by Code of Virginia 518.2-46.1, shall include a
60 mandatory minimum fine of $500. The amount of loss caused by the
61 destruction, defacing, damage or removal of such property may be
62 established by proof of fair market cost of repair or fair market
63 replacement value. Upon conviction, the court may order that the
64 defendant pay restitution.
65
~ After giving notice to the owner and lessee, if any, of
66 any private building or facility that has been defaced that, within
67 15 days of receipt of such notice, if the owner or lessee does not
68 clean or cover the defacement or obj ect to the removal of the
69 defacement, the City may clean or cover the defacement at the
70 City's expense.
71
72
73
74
75
Sec.
23-45.1. Unlawful filming, videotaping or photographing of
another.
(a) It shall be unlawful for any person to knowingly and
76 intentionally videotape, photograph or film any nonconsenting
77 person 18 years of age or older or create any videographic of still
78 image record by any means whatsoever of the nonconsenting person 18
79 years of age or older if (i) that person is totally nude, clad in
80 undergarments, or in a state of undress so as to expose the
3
81 genitals, pubic area, buttocks or female breast in a restroom,
82 dressing room, locker room, hotel room, motel room, tanning booth,
83 bedroom or other location; or (ii) the videotape, photograph, film
84 or videographic or still image record lS created by placing the
85 lens or image gathering component of the recording device in a
86 position directly beneath or between a person's legs for the
87 purpose of capturing an image of the person's intimate parts or
88 undergarments covering those intimate parts when the intimate parts
89 or undergarments would not otherwise be visible to the general
90 public; and ~ the circumstances set forth in clause (i) and (ii)
91 are otherwise such that the person being videotaped, photographed
92 er L filmed or otherwise recorded would have a reasonable
93 expectation of privacy.
94 (b) This section shall not apply to filming, videotaping or
95 photographing or other still image or videographic recording by (i)
96 law-enforcement officers pursuant to a criminal investigation which
97 is otherwise lawful or (ii) correctional officials and local or
98 regional jail officials for security purposes or for investigations
99 of alleged misconduct involving a person committed to the
100 Department of Corrections or to a local or regional jail, or to any
101 sound recording of an oral conversation made as a result of any
102 videotaping or filming pursuant to chapter 6 (~ 19.2-61 et seq.) of
103 title 19.2 of the Code of Virginia.
4
104 (c) A violation of subsection (a) shall be punishable as a
105 Class 1 misdemeanor.
106 Adopted by the City Council of the City of Virginia Beach,
107 Virginia, on this 14th day of June, 2005.
5
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 27-3 OF THE CITY CODE
3 PERTAINING TO THE AUTORITY OF
4 POLICE DEPARTMENT TO FURNISH COPIES
5 OF RECORDS, PERFORM CERTAIN
6 SERVICES, ETC. AND FEES THEREOF
7
8 SECTION AMENDED: ~ 27-3
9
10
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13
That Section 27-3 of the City Code is hereby amended and
14 reordained to read as follows:
15
Sec. 27-3.
Authority of department to furnish copies of
16
records, perform certain services, etc., and fees therefor.
17 (a) The department of police is hereby authorized to release
18 forensic photographs after all criminal charges are resolved and
19 when such release is provided by law, to furnish photostatic
20 copies of accident reports and offense reports, and to allow
21 such reports to be viewed by proper persons consistent with the
22 provisions of the Virginia Freedom of Information Act, Code of
23 Virginia 5 2.2-3700.
24 (b) The Chief of Police is hereby authorized to make record
25 checks and reports (local record only) and take fingerprints of
26 individuals on request. For the processing of applications for
27 permits required by law, the following fees shall be charged:
28
(1) Record check and report by name (local)
15.00
29
(2) (i)
First Ffingerprint~ card of indi~iduQ18 on requested
30
by individuals. . . ~ 10.00
31
(ii) Subsequent fingerprint cards requested by
32
individuals. . . 5.00
33 (3) Proce88 bingo permit ~pplic~tion . . . 100.00
34
(4) Proceoo r~ffle permit ~pplic~tion
. . 50.00
35
(5) D~nce h~ll permit ~pplic~tion .
50.00
36
(6) Turkey ohoot permit ,J.pplic~tion
. 50.00
37 +++ Certificate for public convenience and necessity. . . 50.00
38 +&t Precious metals permit
. 200.00
39 -t-9+ Vendor permit.
. 25.00
40
(10) Conce~led ~e~pon permit .
35.00
41
Adopted by the Council of the City of Virginia Beach,
42 Virginia, on the 14
day of
June
, 2005.
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL
SUFFICIENCY:
,f~,. j C~4' =
olice Department
cl~ ~_
Ci~ttorney s Office
CA9639
H:\PA\GG\ORDRES\PROPOSED\Police
R-2
June 3, 2005
Fees for Copies ord
1 AN ORDINANCE TO AMEND ~ 7-47 OF THE CITY CODE
2 PERTAINING TO LIGHTS AND REFLECTORS
3
4 SECTION AMENDED: ~ 7-47
5
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8
9 That Section 7 -4 7 of the City Code is hereby amended and
10 reordained, to read as follows:
11 Sec. 7-47. Lights and reflectors.
12
(a) Every bicycle, electric personal assistive mobility
13 device, electric power-assisted bicycle, electric-powered wheeled
14 device, gas-powered wheeled device and moped when in use between
15 sunset and sunrise shall be equipped with a ~ headlight on the
16 front which shall emit a white light visible in clear weather from
17 a distance of at least five hundred (500) feet to the front and
18 with a red reflector on the rear of a type approved by the
19 superintendent of the state police which shall be visible from
20 distances of six hundred (600) feet to the rear when directly in
21 front of lawful lower beams of headlamps on a motor vehicle.
22
(b) Every bicycle, electric personal assistive mobility
23 device, electric power-assisted bicycle, electric-powered wheeled
24 device, gas-powered wheeled device and moped when in use between
25 sunset and sunrise shall be equipped with reflective material of
26 sufficient size and reflectivity to be visible from both sides for
27 six hundred (600) feet, when directly in front of lawful lower
28 beams of headlamps of a motor vehicle, or in lieu of such
1
29 reflective material, with a lighted lamp visible from both sides
30 from a distance of at least five hundred (500) feet.
31
(c) Every bicycle, or its rider, shall be equipped with a
32 light emitting a red light plainly visible in clear weather from a
33 distance of at least 500 feet to the rear when in use between
34 sunset and sunrise and operating on any highway with a speed limit
35 of 35 mph or greater. Any such light shall be of a type approved
36 by the superintendent of the State Police.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 14th day of June, 2005.
2
1 AN ORDINANCE TO AMEND SECTIONS 21-16, 21-128,
2 21-150, 21-194, 21-314, 21-344 AND 21-496,ADD
3 SECTION 21-23.1 AND REPEAL SECTION 21-300 OF
4 THE CITY CODE, PERTAINING TO TRAFFIC
5 REGULATIONS TO REFLECT CHANGES IN STATE LAW
6
7
8 Sections Amended: ~~ 21-16, 21-128, 21-150,
9 21-194, 21-314, 21-344 AND 21-496
10
11 Section Added: ~ 21-23.1
12
13 Section Repealed: ~ 21-300
14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA:
16 That Sections 21-16, 21-128, 21-150, 21-194, 21-314, 21-344
17 AND 21-496 of the City Code are hereby amended and reordained,
18 Section 21-23.1 of the City Code is hereby added and Section 21-300
19 is hereby repealed, to read as follows:
20 Sec. 21-16. Exemptions for operators of emergency vehicles.
21
22
(e) A Department of Environmental Quality vehicle, while en
23 route to an emergency and with due regard to the safety of persons
24 and property, may overtake and pass stopped or slow-moving vehicles
25 by going off the paved or main traveled potion of the highway on
26
the right or on the left.
These Department of Environmental
27 Quality vehicles shall not be required to sound a siren or any
28 device to give automatically intermittent signals, but shall
29 display red or red and white warning lights when performing such
30 maneuvers.
1
31
32
Sec. 21-23.1
Driving a motor vehicle from establishment where
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fighting vehicles by any speedway or motor vehicle race
track, provided that the amber lights are not lit while
the vehicle is being operated on a public highway; ~
(20) Vehicles used by municipal safety officers in the
performance of their official duties. For the purpose of
this subdivision, "municipal safety officers" means
municipal employees responsible for managing municipal
safety programs and ensuring municipal compliance with
safety and environmental regularity mandates7; and
(21) Vehicles used in patrol work by members of neighborhood
watch groups approved by the chief law-enforcement
officer of the locality in their assigned neighborhood
watch program area, provided that the vehicles are
clearly identified as neighborhood watch vehicles, and
the amber lights are not lit while the vehicles is in
motion.
95 Sec. 21-194. Maximum length--Generally.
96 (a) Except as otherwise specifically provided, no motor
97 vehicle exceeding a length of forty (40) feet shall be operated on
98 any highway of the city. The actual length of any combination of
99 vehicles coupled together, including any load thereon, shall not
100 exceed a total of sixty (60) feet, and no tolerance shall be
101 allowed that exceeds twelve (12) inches; provided that, the city
4
102 manager, when good cause is shown, may issue a special permit for
103 combinations in excess of sixty (60) feet, including any load
104 thereon, where the object or objects to be carried cannot be moved
105 otherwise.
106
107
(e) Any person operating a vehicle whose length is not in
108 conformity with the provisions of this chapter on a two-lane
109 highway where passing is permitted shall be guilty of a traffic
110 infraction and fined $250.
111
112 Sec. 21 300. Uoe of photo monitoring ayatcma to enforce traffic
113 light aignalo; penalty. REPEALED.
114
115 Section 46.2 833.01 of the Code of Virgini~ (1950), ~8
116 ~mended, ~hich pert~ino to the U8e of photo monitoring oY8tem8 to
117 enforce tr~ffie light oign~18, io hereby ~dopted ~nd incorpor~ted
118 mut~ti8 mut~ndi8 into thi8 8ection by reference, ~o ~uthorized by
119 oection 16.2 1313 of the Code of Virgini~. rurou~nt to the
120 pro7i8iono of oection 1 13.92: 2 of the Code of Virgini~, the
121 incorpor~tion of the ~bo7e referenced oection of the Code of
122
Virgini~ 8h~11 include ~ll future ~mendment8 to th~t 8ection. Thi8
123
8ection oh~ll be effective until July 1, 2005.
Sec. 21-314. Same -Penalty for reckless driving under section 21-
311, 21-312 or 21-313.
124
125
126
127
(a) Every person convicted of reckless driving under section
128
21-311, 21-312 or 21-313 shall be guilty of a Class 1 misdemeanor.
5
129 (b) In addition to the penalties prescribed in subsection
130 (a), if any person is convicted of reckless driving under any
131 section referred to therein, the court may suspend any license
132 issued to such convicted person under Chapter 3 (section 46.2-300
133 et seq.) of Title 46.2 of the Code of Virginia, for a period of not
134 less than sixty (60) days nor more than six (6) months and such
135 court shall require the convicted person to surrender his license
136 so suspended to the court where it shall be disposed of in
137 accordance with section 21-276. If a person so convicted has not
138 obtained the license required by such chapter, or is a nonresident,
139 the court may direct in the judgment of conviction that such person
140 shall not, for a period of not less than sixty (60) days or more
141 than six (6) months as may be prescribed in the judgment, drive or
142 operate any motor vehicle in this commonwealth. The court or the
143 clerk of court shall transmit the license to the commissioner along
144 with the report of the conviction required to be sent to the
145 department of motor vehicles.
146 (c) The court may, in its discretion and for good cause
147 shown, provide that such person be issued a restricted permit to
148 operate a motor vehicle during the period of suspension for any of
149 the purposes set forth in subsection E of Virginia Code 5 18.2-
150 271.1. The court shall forward to the Commissioner a copy of its
151 order entered pursuant to this section, which shall specifically
152 enumerate the restrictions imposed and contain such information
6
153 regarding the person to whom such a permit lS issued as is
154 reasonably necessary to identify such person. The court shall also
155 provide a copy of its order to the person who may operate a motor
156 vehicle on the order until receipt from the Commissioner of a
157
restricted license.
A copy of such order and, after receipt
158 thereof, the restricted license shall be carried at all times while
159 operating a motor vehicle. Any person who operates a motor vehicle
160 in violation of any restrictions imposed pursuant to this section
161 shall be punished as provided in subsection C of Virginia Code 5
162
46.2-301.
No restricted license issued pursuant to this section
163 shall permit any person to operate a commercial motor vehicle as
164 defined in the Virginia Commercial Driver's License Act (Virginia
165 Code 5 46.2-341.1).
166
167 Sec. 21-344. Reimbursement for expenses incurred from emergency
168 responses.
169
170 (a) Any person convicted of violating any of the following
171 provisions of the Code of Virginia, or any similar ordinance in the
172 City Code, shall be liable in a separate civil action for
173 reasonable expenses incurred by the City of Virginia Beach or by
174 any volunteer rescue squad, or both, when providing a appropriate
175 emergency response to any accident or incident related to such
176 violation.
177
(1) The provisions of Code of Virginia sections 18.2-51.4,
178
18.2-266, 18.2-266.12, er 29.1-783, or 29.1-738.02 when
7
179
such operation of motor vehicle, engine, train or
180
watercraft while so impaired is the proximate cause of
181
the accident or incident;
182
183 Sec. 21-496. General duty of drivers and passengers when property
184 damaged.
185
186 (a) The driver of any vehicle involved in an accident in
187 which an attended vehicle or other attended property is damaged,
188 but in which no person is killed or injured, and resulting only in
189 property damage valued at lC88 th~n one thousand dollars
190 ($1,000.00) or less, shall immediately stop as close to the scene
191 of the accident as possible, without obstructing traffic, and
192 report forthwith to the police department and to the driver or some
193 other occupant of the vehicle collided with or the custodian of
194 other damaged property, his name, address, driver's license number
195 and the registration number of his vehicle. Where, as a result of
196 injuries sustained in the accident, the driver is prevented from
197 complying with the provisions of this subsection, the driver shall,
198 as soon as reasonably possible, make the required report to the
199 police department and make a reasonable effort to locate the driver
200 or some other occupant of the vehicle collided with or the
201 custodian of the damaged property and report to such person his
202 name, address, driver's license number and the registration number
203 of his vehicle.
204
8
205 (c) The driver of any vehicle involved in an accident in
206 which no person is killed or injured, but in which an unattended
207 vehicle or other unattended property is damaged, shall make a
208 reasonable effort to find the owner or custodian of such property
209 and shall report to the owner or custodian the information which
210 the driver must report pursuant to subsection (a) of this section,
211 if such owner or custodian is found. If the owner or custodian of
212 such damaged vehicle or property cannot be found, the driver shall
213 leave a note or other sufficient information including driver
214 identification and contact information in a conspicuous place at
215 the scene of the accident and shall report the accident, in
216 writing, within twenty-four (24) hours, to the chief of police.
217 Such note or other information and written report shall contain the
218 information ~hich that the driver must report pursuant to
219 subsection (a) of this section and such written report shall state,
220 in addition, the date, time and place of the accident and the
221 driver's c8tim~tc description of the property damage. Where, as a
222 result of injuries sustained in the accident, the driver is
223 prevented from complying with the provisions of this subsection,
224 the driver shall, as soon as reasonably possible, make the required
225 report to the chief of police and make a reasonable effort to find
226 the owner or custodian of the unattended vehicle or property and
227 report to such person such information as is required to be
228 reported pursuant to subsection (a) of this section.
9
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230
231
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 14th day of June, 2005.
10
1 AN ORDINANCE TO AMEND s 38-1 PERTAINING TO
2 CARRYING CONCEALED WEAPONS AND ADD s 38-6
3 PERTAINING TO HUNTING WITH FIREARMS WHILE
4 UNDER THE INFLUENCE OF AN INTOXICANT OR
5 NARCOTIC DRUG
6
7 SECTION AMENDED: s 38-1
8 SECTION ADDED: s 38-6
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
That Section 38-1 of the City Code is hereby amended and
12 reordained, and Section 38-6 is added, to read as follows:
13 Sec. 38-1. Carrying concealed weapons.
14 (a) If any person carries about his person, hidden from
15 common observation, (i) any pistol , revolver, or other weapon
16 designed or intended to propel a missile of any kind by action of
17 an explosion of any combustible material, (ii) any dirk, bowie
18
knife,
switchblade knife, ballistic knife, machete,
razor,
19 slingshot, spring stick, metal knucks, or blackj ack, (iii) any
20 flailing instrument consisting of two (2) or more rigid parts
21 connected in such a manner as to allow them to swing freely, which
22 instrument may also be known as a nunchuck, nunchanka, nunchalcu,
23
shuriken or fighting chain,
(iv)
any disc,
of whatever
24 configuration, having at least two (2) points or pointed blades
25 which is designed to be thrown or propelled and which may be known
26 as a throwing star or oriental dart, or (v) any weapon of like kind
27 as those enumerated in this section, he shall be guilty of a Class
28 1 misdemeanor, and such weapon shall be forfeited to the city and
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may be seized by an officer as forfeited, and such as may be needed
for police officers and conservators of the peace shall be devoted
to that purpose, and the remainder shall be destroyed by the
officer having them in charge. For the purposes of this section, a
weapon shall be deemed to be hidden from common observation when it
is observable but is of such deceptive appearance as to disguise
the weapon's true nature.
(b) This section shall not apply to any person carrying a
concealed weapon in accord with permission granted by a circuit
court pursuant to section 18.2-308 of the Code of Virginia.
(c) This section shall not apply to:
(1) Any person while in his own place of abode or
curtilage thereof;
(2) Any law-enforcement officer, wherever such law-
enforcement officer may travel in the Commonwealth;
(3) Any regularly enrolled member of a target shooting
organization who is at, or going to or from, an
established shooting range, provided that the weapons are
unloaded and securely wrapped while being transported;
(4) Any regularly enrolled member of a weapons
collecting organization who is at, or going to or from, a
bona fide weapons exhibition, provided that the weapons
are
unloaded
and
securely
wrapped
while
being
transported;
2
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
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(5) Any person carrying such weapons between his place
of abode and a place of purchase or repair, provided the
weapons are unloaded and securely wrapped while being
transported;
(6) Any person actually engaged in lawful hunting, as
authorized by the board of game and inland fisheries,
under inclement weather conditions necessitating
temporary protection of his weapon from these conditions,
provided that possession of a handgun while engaged in
lawful hunting shall not be construed as hunting with a
handgun if the person hunting is carrying a valid
concealed handgun permit;
(7) Any state police officer retired from the Department
of State Police and any local law-enforcement officerL
auxiliary police officer or animal control officer
retired from a police department or sheriff's office
within the Commonwealth, any special agent retired from
the State Corporation Commission or the Alcoholic
Beverage Control Board, other than an officer or agent
terminated for cause, any game warden retired from the
Department of Game and Inland Fisheries, and any Virginia
Marine Police Officer retired from the Law Enforcement
Division of the Virginia Marine Resources Commission, (i)
wi th a service-related disability, (ii) following at
3
77
78
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80
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84
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90
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least fifteen (15) years of service with any such law-
enforcement agency, board or compilation therefore, or
(iii) who has reached fifty-five (55) years of age;
provided such officer carries with him written proof of
consultation with, and a favorable review of the need to
carry a concealed weapon issued by, the chief law-
enforcement officer of the agency from which the officer
retired; and
(8) Any person while in his own place of business.
(d) This section shall not apply to any of the following
individuals while in the discharge of their official duties or
while in transit to or from such duties:
(1) Carriers of the United States mail;
(2) Officers or guards of any state correctional
institution;
(3) Conservators of the peace, except that the following
conservators of the peace shall not be permitted to carry
a concealed weapon unless a permit is obtained pursuant
to section 18.2-308 of the Code of Virginia:
a. Notaries public;
b. Registrars;
c. Drivers, operators or other persons in charge
of any motor vehicle carrier of passengers for
hire; or
4
101
102
103
104
105
106
107
108
109
110
111
112
d. Commissioners in chancery;
(4) Noncustodial employees of the department of
corrections designated to carry weapons by the director
of the department of corrections pursuant to section
53.1-29 of the Code of Virginia;
As used in this section:
(e)
(1 ) Spring
stick means
a
spring-loaded
button which
metal
stick
activated
by pushing
a
rapidly
and
forcefully telescopes the weapon several times its
original length.
(2) Ballistic knife means any knife with a detachable
blade that is propelled by a spring-operated mechanism.
113
114
Sec. 38-6.
Hunting with firearms while under influence of
115 intoxicant or narcotic drug; penalty.
116 It shall be unlawful for any person to hunt wildlife with a
117 firearm, bow and arrow, or crossbow in the City while he is (i)
118 under the influence of alcohol; (ii) under the influence of any
119 narcotic drug or any other self-administered intoxicant or drug of
120 whatsoever nature, or any combination of such drugs, to a degree
121 that impairs his ability to hunt with a firearm, bow and arrow, or
122 crossbow safely; or (iii) under the combined influence of alcohol
123 and any drug or drugs to a degree that impairs his ability to hunt
124 with a firearm, bow and arrow, or crossbow safely. Any person who
5
125 violates the provisions of this section is guilty of a Class 1
126 misdemeanor.
127 Adopted by the City Council of the City of Virginia Beach,
128 Virginia, on this 14th day of June, 2005.
6
- 30-
Item V-J.4.a.
ORDiNANCES/RESOLUTIONS
ITEM # 54052
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council DEFERRED SIXTY
(60) DAYS:
Ordinance re the Development Authority's (the "Authority '') use of the
Economic Development Investment Program ("EDIP'') funding:
a, $85,000 to Tidewater Institute of Sports, L.L. C. for assistance
with the costs of a pump station as required for the development
of a recreational sports soccer facility at the east side of Harpers
Road, north of Dam Neck Road.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E, Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Peter W Schmidt
June 14,2005
- 31 -
Item V-J.4. b.
ORDINANCES/RESOLUTIONS
ITEM # 54053
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance re the Development Authority's (the "Authority ') use of the
Economic Development Investment Program (UEDIP'~ funding:
b. $50,000 to the Mid-Eastern Athletic Conference (MEAC) re
relocation of the MEA C headquarters
Voting:
8-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Mayor Meyera
E. Oberndorf, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Richard A, Maddox and Peter W Schmidt
June 14, 2005
1
2
3
4 AN ORDINANCE TO APPROVE THE PROVISION
5 OF $50,000 IN ECONOMIC DEVELOPMENT
6 INVESTMENT PROGRAM FUNDS TO MID-
7 EASTERN ATHLETIC CONFERENCE BY THE
8 CITY OF VIRGINIA BEACH DEVELOPMENT
9 AUTHORITY
10
11 WHEREAS, Mid-Eastern Athletic Conference ("MEAC") desires to relocate its
ORDINANCE NO.
12 office space to the Town Center of Virginia Beach;
13 WHEREAS, MEAC proposes to sublease from Armada Hoffler approximately 6,847
14 square foot of office space on the 11 tll floor in the Town Center Office Tower (Block Four);
15 WHEREAS, the Director of Economic Development, acting on behalf ofthe Virginia
16 Ucach Development Authority (the "Authority"), has determined a need to provide Economic
17 Development Investment Program ("EDIP") funds to MEAC to underwrite a portion of the costs or
18 construction of 6,847 square feet of office space;
19 WHEREAS, the Virginia Beach City Council (the "City Council") must consider and
20 approve this specific project as it does not meet the criteria set forth in Paragraph 2 of the EDIP
21 Policy and Procedure;
22 WHEREAS, there are funds in the EDIP which are available for such purposes,
23 subject to the fonnal approval of City Council; and
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
I.
That City Council hereby approves and authorizes the Authority to provide
27 $50,000 in Economic Development Investment Program funds to Mid-Eastem Athletic Conference
28 ("MEAC") to underwrite a portion of the costs of construction of a 6,847 square foot office faci lity at
29 thc Town Center of Virginia Beach.
30
2.
That City Council hereby requIres that the Authority place apprupriCll<..'
31 pcrformance criteria on any provision ofEDIP funds approved by the Authority prior to paYlllcll1.
32 Adopted by the Council of the City ofYirginia Beach, Virginia, on the ---1...4-_day or
33 .]llne ,2005,
34 CA-9519
35 PREPARED: June 9, 2005
36 R-l
37
38
39
40
41
42
43
II (}[[)IRcAI.ISTATFIlI.VAUTHIE[)]PIWORKIMEACIMcAC ordd,,(
JUN-09-2005 13:24
VA BEACH DEPT ECON DEO
757 4999894
P.02/02
Urban League of Hampton Roadsl Inc.
840 CHURCH SiREET. SUITE r, NORFOLK, VIRGINIA 23510
Board tif Directors
CImi,
MaryAnnc Dukas
bnlneJiute Past Chai,
ThoITIils L. Hasty, III
Vlu ChlJ;r
Rob~11 J t, J<II;k, Jr.
Vice ChiliI'
E. L Ibrnrn, Jr.
ViCE' Ollli,
HOll. CII'lrIC5 C. Allen
Vice Ou/iT
Gaylene Kanoyton
ltect1rdh'!: Sevretnry
Louisn Strayhorn
Corre.splllldillg S(!CI't!tary
Rodnt'y J .,rdan
T,eosu,<-,
Clyde CI;\I'K. It.
Assi.~tant ~,'urer
Chcrylc i.. Mack
Presidem. lJrlHln .l~ue Guild
'/i'tza Let/
r'~S;dCllf <~ CEO
Edith G. White
Board Ml'mba';i
Bishop B'lroar", M. Amos
AmIrw Allyant>NIQW
Rear AQrnil':ll ReubinB.l3ookert
Sandrd Bi;mdt
Dr. I.. D.l'lritt
HOll, Ch<llle~ r. BroWTl
~lcphal1i" ,lames Dickens
01', [Jcbol';:th DiCl'OC<o
Dr. 13enha Taylor E>CQffi:ry
J.'lCk I,.. F/ leU, k
Willi,"t1 \1. Grace
Dr. Cieuflrty V. Cnm~
W~ITCIl Hal'lis
Dr. JoAnn W. Hsy>hcn
Jcnauld ( '. Jone!<
OlIn'cn M'I11in
lIenry f'. Linginfcllcr
Michael Maggie, E~q.
SUS.11l tvbvo
Dr. Marie McDemmond
,James C. Mcrcer
lorn Mulknjx
(lcni:;:c Phn
Dr. R()se<lI1n RunIc
Dr. John 0. Simpson
GWt'lldol:1l SingletsI)'
N~(ll1\j \\\,:,lh~no
T!':LE:PHONE: (757) 627'{)864
FAX: (757) 627-80 16
January 5, 2005
Mr. Don Maxwell, Director
Virginia Bea.ch Department of Economic Development
222 Central Park Ave Suite 1 000
Virginia Bea.ch, VA 23462
Dear Mr. Maxwell:
This letter is written in support of the Virginia Beach Department of Economic
Development proposal to provide a permanent home for the MEAC
Headquarter:;. Virginia Beach has demonstrated commitment to community
progress through the development of projects which enhan.ec the economic base
of the city. Its development projects have enriched the city and the region.
In addition to an investment in bricks and mortar, the Virginia Beach Department
of Economic Development has helped enrich the lives of citizens through jobs,
training opportunities and contributions to community based organizations.
The Urban League has served the I-Iampton Roads community for 26 years with
programs in ,~ducation, employment, housing and health. We address disparities
in these area:; while serving as an advocate for equality. Our programs and
services rcach over 25,000 residents annually_ While addressing existing needs,
the Urban League also prepares to meet emerging needs. This accomplished
through the collective efforts of service organizations, businesses, educational
institutions and government. The Virginia Beach Deparlment of Economic
Development. has beon in the forefront in serving as a catalyst for all entities to
contribute to community development.
Therefore, I wholeheartedly support continued progress of the Virginia Beach
Department of Economic Development through a partnership with MEAC.
MEAC officials would find a community ready to embrace and welcome them,
as well as provide support for year round operations_ A model to emulate has
been created by the City of Virginia Beach in satisfying customer and community
needs.
Should you have any questions, 1 may be reached at (757) 627-0864. 1 look
forward to our continued partnership in serving the community_
Sincerely,
~dith y. (White
Edith G. White
President/CEO
Conlribution~ to the Urban League ot Hampton Ro.lds ar~ tax deductible_
0)
UI'II~d~
TOTAL P.02
Term Sheet for Mid-Eastern Athletic Conference
City Council
June 14,2005
Space: Approximately 6,700 square feet on 11 th floor of The Armada Hoffler Town
Center Building locate at 222 Central Park Ave, Virginia Beach, VA 23462
Lease Rate: $21,00 per square foot
Lease Term: Five Years
o Participation: Amlada/Hoffler complete build-out of space and write
down cost of space, resulting in a contribution of more than $60,000 over
the 5-year term of the lease.
o Virginia Beach Development Authority: contribution of $50,000 through
the Economic Development Investment Program Fund,
Commonwealth of Virginia: a pledge matching the City contribution (to
be paid to the VBDA by 12/31/05),
A. MEAC shall maintain a minimum of seven (7) full-time employees with an
average annual salary of at least $55,000, plus benefits;
B, MEAC shall maintain a minimum of four (4) part-time employees with an
average annual salary of $8,000;
C. MEAC shall maintain a minimum of two (2) paid interns with an average
annual salary of $12,000;
D, MEAC shall conduct a minimum of two (2) meetings per vear in the City 111
Virginia Beach, Virginia, each with (i) a minimum hotel stay of two (2) nights; (ii)
rental of banquet facilities and meeting rooms; and (iii) attendance minimums l1f
at 50 persons for one meeting and 200 persons for the other meeting;
E. MEAC shall conduct a minimum of two (2) MEAC Championships (Cross-
Country and Bowling) per year in the City of Virginia Beach, Virginia, each with
(i) a l1'1inimum hotel stay of two (2) nights; (ii) rental of banquet facilities and
meeting rooms; and (iii) attendance minimums of 150 persons for the Cross-
Country Championship and 60 persons for the Bowling Championship; and
F. MEAC shall conduct its Committee meetings in the City of Virginia Beach,
Virginia at an average of four (4) meetings per year, and with a minimum hotel
stay of one (1) night and a minimum attendance of 50 persons;
G. MEAC will use its best efforts to assist the City of Virginia Beach in its sports
promotion and marketing efforts;
H. MEAC will use its best efforts to utilize its human resources to promote
academic and sports relationships in the Virginia Beach Public Schools System.
- 32-
Item V-J.5.
ORDINANCES/RESOLUTIONS
ITEM # 54054
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AUTHORIZE the Virginia Beach Performing Arts
Center Foundation, Inc. to grant naming rights to the theatre and
component parts.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba S.
McClanan, Mayor Meyera E, Oberndorf, Jim Reeve, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Peter W. Schmidt
June 14, 2005
1
2
3
4
5
6
7
AN ORDINANCE AUTHORIZING THE VIRGINIA
BEACH PERFORMING ARTS CENTER FOUNDATION,
INC. TO GRANT NAMING RIGHTS TO THE
VIRGINIA BEACH PERFORMING ARTS THEATRE
AND ITS COMPONENT PARTS
WHEREAS,
the
Virginia
Beach
Performing
Arts
Theatre
8 ("Faci Ii ty") is a communi ty-based, professional quali ty , twelve
9 hundred seat facili ty that is currently under construction at
10 the Town Center in Virginia Beach; and
11
WHEREAS,
the mission of the Facility is to provide
12 exceptional cultural opportunities for the community to both
13 participate in and enjoy and to serve as a cultural focal point
14 for the performing arts in Virginia Beach; and
15
WHEREAS,
the
Virginia
Beach
Performing
Arts
Center
16
Foundation,
Inc.
("Foundation" )
is a permanent,
non-profit
17 organization that has applied for section 501 (c)(3) status ln
18 the Commonwealth of Virginia, and whose purpose is to support
19 the Facility through advocacy and fundraising; and
20
WHEREAS, the primary activity of the Foundation, until such
21 time as the construction of the Facility is completed in 2007,
22 is to collect private donations to fund the construction of the
23 Facility; and
24
WHEREAS, the Foundation desires to have the authori ty to
25 grant certain naming rights to the Facility, its theatres, and
26 the component parts of the Facility as an inducement to obtain
27 sponsorship contributions to support its fundraising efforts;
2 8 and
29
WHEREAS,
the Foundation has identified multiple namlng
30 opportunities for the Facility and will continue to identify
31 additional opportunities, as appropriate; and
32
WHEREAS,
the Council of the City of Virginia Beach
33 appreciates and supports the Foundation's endeavor to ralse
34
funds to facilitate the construction of the Facility.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
35
36
37
38
1. That the Foundation is authorized to grant namlng
39 rights to the Fac~lity, its theatres, and the component parts of
40 the Facility in accordance with the following limitations and
41 guidelines:
42
a.
Naming
rights
shall
be
granted
only
in
43
consideration of sponsorship contributions, the
44
amounts of which shall be determined by the
45
Foundation.
46
b.
All naming rights shall be subject to the prior
47
review and approval of the Ci ty Manager.
All
48
submissions to the Ci ty Manager shall include a
49
copy of the inscription as it is to appear on the
50
Facility property.
51
c.
The inscription for a naming right shall be
52
limited to the proper name(s) of a person or
53
persons, a business, or an organization.
54
2
55
56
57
58
Adopted by the Council of
Virginia on the -1-4-t.fi day of ,Tllnp-
APPl1Jd); 7j1J;;;;ency,
City Attorney's Office
CA9628
June 3, 2005
R-3
H:\P&A\GG\Ord&Res\Proposed\VAPERFOR.doc
the city of Virginia Beach,
, 2005.
Approved as to Content:
Q!Mf)~ Q 1~
',"""
Department of Finance
3
- 33-
Item V-J. 6.
ORDINANCES/RESOLUTIONS
ITEM # 54055
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to A UTHORIZE the issuance of Industrial Development
Revenue Bonds (IDB) in an amount not to exceed $9,100,000 for the
benefit of London Bridge Holding, LLC refinancing the acquisition,
construction and equipping of property and improvements at London
Bridge Road and Precision Drive.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Jim Reeve, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Peter W Schmidt
June 14, 2005
--,~
1 RESOLUTION OF THE CITY COUNCIL OF
2 THE CITY OF VIRGINIA BEACH, VIRGINIA
3 APPROVING THE ISSUANCE OF
4 INDUSTRIAL DEVELOPMENT REVENUE
5 BONDS (LONDON BRIDGE HOLDING LLC
6 PROJECT)
7
8
9 WHEREAS, the City of Virginia Beach Development Authority (the "Authority")
10 has considered the application of London Bridge Holding LLC (the "Company") for the
11 issuance of the Authority's industrial development revenue bonds in an amount not to
12 exceed $9,100,000 (the "Bonds") to assist in the financing of the Company's
13 acquisition, construction and equipping of a manufacturing facility to be leased to
14 London Bridge Trading Company, LTD. for use in its business of manufacturing sewn
15 nylon equipment (all improvements and land being collectively referred to as the
16 "Facility") and has held a public hearing thereon on May 19, 2005; and
17 WHEREAS, the Authority has requested City Council (the "Council") of Virginia
18 Beach, Virginia (the "City") to approve the issuance of the Bonds to comply with Section
19 147(f) of the Internal Revenue Code of 1986, as amended; and
20 WHEREAS, pursuant to Section 15.2-4906, Code of Virginia, 1950, as
21 amended, a copy of the Authority's Resolution approving the issuance of the Bonds,
22 subject to terms to be agreed upon, and a reasonably detailed summary of the
23 comments expressed at the public hearing, if any, have been filed with the Council of
24 the City of Virginia Beach, Virginia.
25 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
26 BEACH, VIRGINIA:
27
28 1. The Council of the City of Virginia Beach, Virginia, approves the issuance
29 of the Bonds by the City of Virginia Beach Development Authority, in a principal amount
30 not to exceed $9,100,000 to finance the Company's acquisition, construction and
31 equipping of a manufacturing facility to be leased to London Bridge Trading Company,
32 L TO, for use in its business of manufacturing sewn nylon equipment to the extent
33 required by Section 147(f) of the Internal Revenue Code,
34 2. The approval of the issuance of the Bonds, as required by Section 147(f)
35 does not constitute an endorsement of the Bonds or the creditworthiness of the
36 Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as
37 amended, the Bonds shall provide that neither the City nor the Authority shall be
38 obligated to pay the Bonds or the interest thereon or other costs incident thereto except
39 from the revenues and moneys pledged therefor, and neither the faith or credit nor the
40 taxing power of the Commonwealth, the City or the Authority shall be pledged thereto,
41 3. In approving the Resolution, the City of Virginia Beach, including its
42 elected representatives, officers, employees and agents, shall not be liable and hereby
43 elisclaims all liability for any damages to any person, direct or consequential, resulting
44 from the Authority's failure to issue Bonds for the Facility for any reason.
45 4. This Resolution shall take effect immediately upon its adoption.
46
2
46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day
47 of June, 2005.
48 CA9534
49 June 1, 2005
50
51 APPROVED AS TO LEGAL
52 SUFFICIENCY:
53
54
55
56
57
58 11",( llD\REAL ESTATE\DEVAUTH\BOND\WORK\DAI580 London Bridge Trading\Rcsululioll arCity ('UllnCl- London
3
VIRGINIA
BEP.~CH
Department of
Economic Development
222 Central Park Avenue, Suite] 000
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website: www.vbgov.com
E-mail: ecdev@vbgov.com
May 19,2005
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re: London Bridge Holding, LLC
Revenue Bonds
Dear Mayor Oberndorf and Members of City Counci 1:
We submit the following in connection with the London Bridge Holding, LLC project (the
"Project") located at the northwestern intersection of London Bridge Road and Precision Drivc in thl'
city of Virginia Beach, Virginia.
(I) Evidence of publication of the notice of hearing is attached as Exhibit A, and a
summary ofthe statements made at the public hearing is attached as Exhibit B . The City of Virginia
Beach Development Authority's (the "Authority") resolution recommending Council's approval is
attached as Exhibit C.
(2) The Disclosure Statement is attached as Exhibit D.
(3) The statement of the Authority's reasons for its approval as a benefit for the City of
V irginia Beach and its recommendation that City Council approve the modification of the bonds
dcscribed above is attached as Exhibit E.
(4) The Fiscal Impact Statement is attached as Exhibit F.
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
May 19,2005
Page 2
(5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying
the Project and the principals.
(6) Attached as Exhibit H is a letter from the appropriate City department commenting on the
Project.
Very truly yours,
RGJ/JVH/mlg
Enclosures
Exhibit A
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
The Virginian-Pilot
--------------------------------------------------+---------------------------
,
,
,
,
,
I
,
,
,
I
,
I
I
I
I
I
I
This day, D. Johnson personally appeared before me'
and after being duly sworn, made oath that: ,
,
I
I
I
I
I
I
,
,
I
,
,
I
I
I
I
I
,
I
I
I
I
I
I
I
I
AD SPACE: 84 LINE I
,
WILLIAMS MULLEN, P.C.
222 CENTRAL PARK AVE., SUITE 1700
VIRGINIA BEACH VA 23462
REFERENCE: 39078411
13148561
NOTICE OF PUBLIC HEA
State of virginia
City of Norfolk
1) She is affidavit clerk of The Virginian-Pilot,
a newspaper published by Landmark Communications
Inc" in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk, and Virginia Beach, Common-
wealth of Virginia and in the state of North
Carolina 2)That the advertisement hereto annexed
has been published in said newspaper on the date
stated.
PUBLISHED ON: 05/05 05/12
and state on the day and year
expires January 31, 2008
NOTICE OF PUBLIC HEARING
ON PROPOSED INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING
BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
(LONDON BRIDGE HOLDING LLC PROJECT)
Notice is hereby given that the City of Virginia Beach Development Authority (the
"Authority") will hold a public hearing on the application of London Bridge Holding, LLC, a
Virginia limited liability company, 3509 Virginia Beach Boulevard, Virginia (the "Applicant"), for
the Authority to issue, pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended, (the
"Act"), up to $9,100,000 of its Industrial Development Revenue Bonds to assist the Applicant in
financing the acquisition, construction and equipping of an approximately 82,000 square foot
manufacturing facility on a 9.296 acre parcel ofland known as Parcel 3-A, GPIN 1496-88-7379,
Parcel 3-B, GPIN 1496-98-1048, and a portion of Parcel 3-C, GPIN 1496-98-1573, as shown on
Subdivision of Residual Area 3, Subdivision Plat of London Bridge Industrial Park Phase IV,
located at the northwestern comer ofthe intersection of London Bridge Road and Precision Drive in
Virginia Beach, Virginia (the "Project") for lease to London Bridge Trading Company, Ltd. for use
in its business of manufacturing sewn nylon equipment.
The public hearing which may be continued or adjourned, will be held at 2:00 p.m. on
Thursday, May 19, 2005, before the Authority at the Authority's office at 222 Central Park Avenue,
Suite 1000, Virginia Beach, Virginia 23462. As required by the Act, the Bonds will not pledge the
faith and credit or the taxing power of the Commonwealth of Virginia or any political subdivision
thereof, including the Authority, but will be payable solely from revenues derived from the Applicant
and pledges therefor. Any person interested in the issuance ofthe Bonds or the location or purpose
of the proposed Project may appear and be heard. A copy of the Applicant's application is on file
and is open for inspection at the Authority's office at 222 Central Park Avenue, Suite 1000, Virginia
Beach, Virginia 23462, during business hours.
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORTTY
Exhibit B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
(London Bridge Holding LLC Project)
The Chairman of the City of Virginia Beach Development Authority (the "Authority")
announced the commencement of a public hearing on the request of London Bridge Holding LLC
(the "Borrower"), and that a notice of the hearing was published once a week for two consecutive
weeks in a newspaper having general circulation in Virginia Beach, Virginia. The Chairman
indicated that a copy ofthe notice and a certificate of publication of such notice have been filed with
the records ofthe Authority.
The following individuals appeared before the Authority:
William W. Harrison, Jr. ofthe law firm of Williams Mullen
Douglas McDougal, Member of London Bridge Holding LLC
Mr. Harrison gave a brief description ofthe Project (below defined). He explained that the
Borrower has applied to the Authority for up to $9,100,000 of its industrial development revenue
bonds to assist the Borrower for the purpose of financing the acquisition, construction and equipping
of an approximately 82,000 square foot manufacturing facility on a 9,296 acre parcel ofland located
at the northwestern intersection of London Bridge Road and Precision Drive in the City of Virginia
Beach, Virginia for lease to London Bridge Trading Company, LTD. for use in its business of
manufacturing sewn nylon equipment (the "Project").
Mr. Harrison and Mr. McDougal answered various questions of the members of the
Authority.
No other persons appeared to address the Authority, and the Chairman closed the public
hearing.
The Authority hereby recommends that the City Council of the City of Virginia Beach,
Virginia approve the issuance of the Authority's industrial development revenue bonds in a principal
amount not to exceed $9,100,000 and hereby transmits the Fiscal Impact Statement to the City
Council of the City of Virginia Beach and asks that this recommendation be received at its next
regular or special meeting at which this matter can be properly placed on the Council's agenda for
hearing.
~+I~~
Dated: ~().. ~ \ ~ , L- 0 a c.,
\ .
#1029196 vi - Record of Public Hearing - London Bridge (5.19.05)
B 1-47662.1
3/6/02
Exhibit C
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
AMENDING RESOLUTION OF INTENT ADOPTED NOVEMBER 18, 2004
TO ISSUE BONDS FOR LONDON BRIDGE HOLDING, LLC
TO ACQUIRE, CONSTRUCT AND EQUIP A MANUFACTURING FACILITY
FOR LEASE TO LONDON BRIDGE TRADING COMPANY, LTD
""
WHEREAS, on November 18,2004, the City of Virginia Beach Development Authority
(the "Authority") adopted a Resolution (the "Resolution of Intent") wherein it agreed to
cooperate with London Bridge Holding, LLC (the "Company") in the review and evaluation of
the Company's application to finance an approximately 51,000 square foot manufacturing
facility (the "Project"), located on property known as Parcel 3-B as shown on the Subdivision of
Residual Parcel 3, GPIN No. 1496-98-1048, containing 6.546 acres and located at the
northwestern intersection of London Bridge Road and Precision Drive in Virginia Beach,
Virginia for lease to London Bridge Trading Company, Ltd for use in its business of
manufacturing sewn nylon equipment; and
WHEREAS, the Company has now described to the Authority its need to increase the
square footage of the Project to accommodate the growth in the manufacturing business of
London Bridge Trading Company, Ltd., and, accordingly, has requested the Authority to amend
its Resolution of Intent to increase the maximum principal amount of its industrial Development
Revenue Bonds preliminarily authorized to be issued by the Authority; and
WHEREAS, the Company has described to the Authority its plans to acquire Parcel3-A
and a portion of Parcel 3-C as shown on the Subdivision of Residual Area 3 Subdivision of
London Bridge Industrial Park Phase IV, GPIN 1496-98-1048 and 1496-98-1573, respectively,
containing approximately 2.75 acres and located adjacent to Parcel3-B and located at the
northwestern intersection of London Bridge Road and Precision Drive in the City of Virginia
Beach, Virginia; and
WHEREAS, the Company has described to the Authority its plans to increase the square
footage of the Project from 51,000 square feet to 82,000 square feet; and
WHEREAS, a public hearing has been held as required by Section 147(t) of the Internal
Revenue Code of 1986 as amended, and applicable provisions of the Code of Virginia of 1950,
as amended (the "Code").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY THAT:
1. The foregoing recitals are approved by the Authority and are incorporated in, and
were deemed a part of this Resolution.
2. All references to the Project contained in the Authority's Resolution of Intent
shall be deemed to mean the Company's 82,000 square foot manufacturing facility located on
property known as Parce13-A, 3-B and a portion of3-C as shown on the Subdivision of Residual
Area 3, Subdivision Plat of London Bridge Industrial Park Phase IV and located at the
northwestern intersection of London Bridge Road and Precision Drive in the City of Virginia
Beach, Virginia.
3. The maximum principal amount of the Industrial Development Revenue Bonds
authorized pursuant to Section 4 of the Authority's Resolution of Intent is increased from
$5,500,000 to $9,100,000.
4. The amount of Expenditures as that term is defined in paragraph 5 of the
Resolution of Intent, reasonably expected to be incurred by the Company and reimbursed by the
Authority with the proceeds ofthe Bonds is hereby increased from $5,500,000 to $9,100,000.
5. Unless this Resolution is extended by the Authority, the Bonds authorized under
the Resolution of Intent, as amended by this Resolution, shall be issued within one year of the
date of this Resolution or the Resolution of Intent, as amended by this Resolution, shall become
void and of no further force or effect.
6. The Authority hereby recommends that the City Council of the City of Virginia
Beach approve the issuance of the Bonds in the augmented principal amount of $9,100,000 and
hereby directs the Chairman or Vice-Chairman of the Authority to submit to the City Council of
the City of Virginia Beach a reasonably detailed summary of the comments, if any, expressed at
the public hearing, the fiscal impact statement required by Virginia law, a copy of the Resolution
oflntent and a copy of this Resolution.
7. This Resolution shall take effect immediately upon its adoption.
ADOPTED: May 19, 2005.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By ~1-'I~~.
SecretaryA\@oiotad d~~
#1018567 vI - Resolution Amending Manufacturing Facility/LondonBridge/Oceana
2
Exhibit D
DISCLOSURE STATEMENT
Date: May 19, 2005
Applicant:
LONDON BRIDGE HOLDING LLC
All Owners
(if different from Applicant):
None
Type of Application:
$9,100,000 Industrial Development Revenue Bonds to assist
Applicant in acquisition, construction and equipping of an
approximately 82,000 square foot manufacturing facility on a
9.296 acre parcel of land located at the northwestern
intersection of London Bridge Road and Precision Drive in the
City of Virginia Beach, Virginia for lease to London Bridge
Trading Company, LTD. for use in its business of
manufacturing sewn nylon equipment (the "Project").
1. The Applicant is a Virginia limited liability company.
2. The Applicant will be the owner ofthe Project.
3. London Bridge Trading Company, LTD. is a Virginia corporation whose
sole shareholders, Douglas McDougal and Linda McDougal, are the only members of London
Bridge Holding LLC.
LONDON BRIDGE HOLDING LLC
By Iff} /1{c f2Dj ttf
#1029189 vI - DiscIssoure Statement - London Bridge (5/19105)
Exhibit E
VIRGINIA
BEP.~CH
Department of
Economic Development
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website: www.vbgov.com
E-mail: ecdev@vbgov.com
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
APPROVAL OF THE ISSUANCE BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY TO ISSUE BONDS FOR
LONDON BRIDGE HOLDING LLC TO ACQUIRE, CONSTRUCT AND
EQUIP AN APPROXIMATELY 82,000 SQUARE FOOT MANUFACTURING
FACILITY FOR LEASE TO LONDON BRIDGE TRADING COMPANY, LTD.
The Development Authority recommends approval of the above-referenced financing.
The benefits of the Project to the City include increased employment to 250 jobs (205 current,
estimated 45 more); additional local taxes to be paid in the amount of$80,000; service to local
military and law enforcement units; and growth of local business already located in the City of
Virginia Beach, Virginia.
ExhibitF
FISCAL IMPACT STATEMENT
DATE: May 19,2005
TO: CITY COUNCIL OF THE CITY OF VIRGINIA BEACH
APPLICANT: London Bridge Holding LLC
TYPE OF FACILITY:
Manufacturing facility for sewn nylon equipment
1.
Maximum amount of financing sought:
2.
Estimated taxable value of the facility's real property
to be constructed in the municipality:
3.
Estimated real property tax per year
using present tax rates:
4.
Estimated personal property tax
per year using present tax rates:
5.
Estimated merchant's capital (business license)
tax per year using present tax rates:
6. (a) Estimated dollar value per year of goods that will be
purchased from Virginia companies within the locality:
(b) Estimated dollar value per year of good that will be
purchased from non-Virginia companies within the locality:
( c) Estimated dollar value per year of services that will be
purchased from Virginia companies within the locality:
(d) Estimated dollar value per year of services that will
purchased from non-Virginia companies within the locality:
7. Estimated number of regular Employees on year round basis:
8. Average annual salary per employee:
$9,100,000
$7,965,000
$ 80,000
$ 22,000
$ 7,000
$ 350,000
$ 0
$ 75,000
$ 0
250
$ 19,700
The information contained in this Statement is based solely on facts and estimates
provided by the Applicant, and the Authority has made no independent investigation with
respect thereto.
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
By:
Exhibit G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: London Bridge Holding LLC Project
2. LOCATION: Northwestern comer of intersection of London Bridge Road and Precision
Drive.
3. DESCRIPTION OF PROJECT: acquisition, construction and equipping ofan
approximately 82,000 square foot split level building on a 9.296 acre parcel ofland
located at northwestern comer of intersection of London Bridge Road and Precision
Drive, Virginia Beach, Virginia for lease to London Bridge Trading Company, LTD. for
use in its business of manufacturing sewn nylon equipment.
4. AMOUNT OF BOND ISSUE: $9,100,000
5. PRINCIPALS:
Douglas McDougal
Linda McDougal
6. ZONING CLASSIFICATION:
a.
Present zoning classification
ofthe Property:
12
b.
Is rezoning proposed?
Yes
No x
c.
If so, to what zoning
classification?
NOTE:
THIS DOCUMENT MUST BE ON 8 -1/2 X 14 INCH PLAIN BOND PAPER.
#1029211 vI - Application for Bond-V ABeach-Londond Bridge(5.l9.05)036783.0008
I'
I
Exhibit H
VIRGINIA
BEACH
May 19,2005
Virginia Beach
Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website: www.vbgov.com
Mr. Robert G. Jones
Chair
Virginia Beach Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
Re: London Bridge Holding LLC Bond Financing
Dear Bob:
The Virginia Beach Development Authority, at its November 18, 2004 meeting, approved
the issuance of industrial revenue bonds in an amount not to exceed $5,500,000 for London
Bridge Holding LLC to acquire, construct and equip an approximately 51,000 sq. ft.
manufacturing facility for lease to London Bridge Trading Company, LTD. The resulting public
benefits are as follows: (a) this is in the best interest of the public and will benefit the inhabitants
of the City through the promotion of their safety, health, welfare, convenience or prosperity, and
(b) the acquisition, constructing, and equipping of the Project for the Company in the City will
provide a public benefit to the City by, among other things, promoting industry, commerce and
developing trade.
It is the finding of the Department of Economic Development that the proposed increase
in the issuance amount of the aforementioned industrial revenue bonds from a maximum of
$5,500,000 to a maximum of $9,100,000, and an increase in the size of the facility from 51,000
sq. ft. to 82,000 sq. ft. is appropriate and justified due to the continued substantial growth of this
company.
I will be happy to answer any questions you may have at our meeting.
Sincerely,
~~
Mark R. Wawner
Project Development Manager
MR W:lls
- 34-
Item V-J. 7.
ORDINANCES/RESOLUTIONS
ITEM # 54056
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to AUTHORIZE the City Manager to execute the
Memorandum of Understanding (M OU) with Dolphin's Promise re the
sponsorship, manufacture and display of dolphin sculptures.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E, Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Peter W. Schmidt
June 14,2005
1
2
3
4
5
6
7
8
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH A DOLPHIN'S PROMISE,
INC. REGARDING THE MANUFACTURE AND
DISPLAY OF DOLPHIN SCULPTURES IN THE
CITY OF VIRGINIA BEACH
WHEREAS, a Dolphin's Promise, Inc. ("DP") is a nonprofit
9 corporation that has applied for section 501 (c) (3) status in
10 the Commonwealth of Virginia; and
11
WHEREAS,
DP is in the process of arranging for the
12 sponsorship, manufacture, and delivery of life-size dolphin
13
sculptures constructed of high quality fiberglass.
Each dolphin
14 sculpture will be created by an artist whose design has been
15 approved by the Public Art Committee of the Virginia Beach Arts
16
and Humanities Commission.
An estimated two hundred sculptures
17 will be displayed at various locations throughout the City of
18
Virginia Beach
("City") ,
on public and private property,
19 commencing in September 2005; and
20
WHEREAS,
the dolphin sculptures will be sponsored by
21 corporations, business owners, and private individuals, pursuant
22 to sponsorship agreements with DP, and the proceeds from the
23 sponsorship agreements will be donated to the Lance Armstrong
24 Foundation for the advancement of cancer education, research,
25 advocacy, and public health and a donation will be made to the
26 Virginia Aquarium Stranding Center; and
27
WHEREAS, ln recognition of the importance of eliminating
28 cancer as a major health problem by preventing cancer, saving
29 lives, and diminishing suffering from cancer, through research,
30
education,
advocacy,
and service,
the City expresses its
31 wholehearted support of DP; and
32 WHEREAS, in an effort to assist with DP's endeavor to raise
33 money for the Lance Armstrong Foundation and the Virginia
34 Aquarium Stranding Center, pursuant to the terms and conditions
35 set forth in the Memorandum of Understanding, the City agrees to
36 provide DP with access to City property for the display of
37
dolphin sculptures,
to assist in the installation of the
38 sculptures on City property, to maintain the grounds surrounding
39 the dolphin sculptures, and to endorse DP by assisting with
40 publicity for the dolphin sculpture project.
41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
42 OF VIRGINIA BEACH, VIRGINIA:
43
44 The City Manager is hereby authorized and directed to
45 execute said Memorandum of Understanding on behalf of the City
46
of Virginia Beach.
A summary of the material terms for the
47 agreement is attached hereto and a true copy of the agreement is
48 on file with the City Clerk.
49
50
51
Adopted by the Council of
Virginia on the _1A_th day of June
the City of Virginia Beach,
, 2005.
to Content
June 7, 2005
R-3
H:\P&A\GG\Ord&Res\Proposed\Dolphin res.doc
52
2
Memorandum of Understanding between
City of Virginia Beach ("City")
and
A Dolphin's Promise, Inc. ("A Dolphin's Promise")
SUMMARY OF TERMS
Purpose:
Outlines the terms for two hundred dolphin structures, sponsored by
corporations, business owners and individuals, to be displayed on
City and private property in an effort to raise $1,000,000 for the
Lance Armstrong Foundation. A donation will also be made to the
Virginia Aquarium Stranding Center.
Premises:
Fifty sites throughout the City, exact locations to be determined by
the City.
Term:
The MOU shall be in effect from the date of execution and continue
for two years from the date that the last dolphin structure is installed
on City property. The MOU may be terminated by either party at
any time by giving notice to the other party.
Responsibilities of the City:
. Make City property available for the display of the dolphin structures.
. Install the dolphin structures on City property (all dolphin structures
placed on City property shall become the property of the City).
. Maintenance and upkeep of the grounds surrounding each dolphin
structure.
. Endorse the efforts of A Dolphin's Promise to raise money for cancer
education, research, advocacy, and public health, and for the Virginia
Aquarium Stranding Center. Endorsement includes a media release
and a Resolution endorsing the Dolphin Project.
Responsibilities of A Dolphin's Promise, Inc.:
. At its sole cost and expense, design, construct and deliver life-size
dolphin sculptures, constructed of fiberglass.
. Diligently pursue the sponsorship and construction of the dolphin
sculptures to completion by September 30,2007.
. Solicit and collect design submissions from artists, through a Selection
Committee composed of a minimum of three art professionals.
. Submit all design specifications to the Public Art Commission who will
H:\Policy and Administration\GENERAL GOVERNMENT DIVISION - Team A\Ordinances & Resolutions Prepared for Council\City-
Dolphin's Promise MOU terms.doc
I I I,
. . .
make recommendations to the full Virginia Beach Arts and Humanities
Commission ("VBAHC").
. Not permit the display of any dolphin structure on private or City
property that has not been approved by the VBAHC.
. Provide the City with an itemized list identifying the specific locations
where each dolphin sculpture is displayed on City property.
· Responsible for maintenance, repair and upkeep of the fiberglass
structure and the artwork on each dolphin sculpture.
· Not use the City's name, seal or other insignia for promotional or
advertisement purposes, or in connection with any seNice or product
offered by A Dolphin's Promise without the prior approval of the City
Manager or his designee.
2
Item V- K.
PLANNING
1. ROBERT A. WINBAUER
- 35 -
ITEM # 54057
2. C. COOPER PEARCE, III and MARTHA PEARCE
3. WILLIAMA.BEIGEL
4. RAINBOW STATION, INC.
5. TRUE VICTORY OUTREACH MINISTRIES
6. JEFFREY A. KROLL
7. ST. CROIX ASSOCIA TES, L.P.
8. CITY ZONING ORDINANCE
NONCONFORMING USE
NONCONFORMING USE
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL CHANGE OF ZONING
AMEND ~~ III and 401 and add ~ 239.02
defining the term "mulch processing
facility ", establishing mulch storage and
standards for mulch processingfacilities as
principal and conditional uses, respectively,
in Agricultural Zoning Districts.
June 14,2005
- 36-
Item V- K.
PLANNING
ITEM # 54058
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City CouncilAPPROVED IN ONE
MOTION Items 1, 2, 4, 5. 6, 7 and 8 of the PLANNING BY CONSENT AGENDA.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Peter W Schmidt
Council Lady McClanan voted a VERBAL NA Y on Item K. 7 (St. Croix Associates, L.P.)
June 14,2005
- 37-
Item V-K.1.
PLANNING
ITEM # 54059
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council ADOPTED a
Resolution upon application of ROBERT A. WINBAUERfor the alteration ofa Nonconforming Usefor
alterations to a duplex and single family dwelling at 1312 Cypress A venue:
Resolution upon application of ROBERT A. WINBAUER for the
alteration of a Nonconforminf! Use for alterations to a duplex and
single family dwelling at 1312 Cypress Avenue (GPIN
24179553850000)
The following condition shall be required:
1, The alterations to the existing duplex shall be limited to and in
substantial conformance with the submitted elevations entitled "Front
View of Proposed Changes for Winbauer ", and "Side View of
Proposed Porch Changes for Winbauer ".
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A, Villanueva,
Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Peter W Schmidt
June 14,2005
1
2
3
4
5
A RESOLUTION AUTHORIZING THE ALTERATION OF A
NONCONFORMING USE ON PROPERTY LOCATED AT
1312 CYPRESS AVENUE/ IN THE BEACH DISTRICT
WHEREAS/ Robert A Winbauer (hereinafter the "Applicantll) /
6 has made application to the City Council for authorization to
7 alter to a nonconforming duplex situated on a certain lot or
8 parcel of land having the address of 1312 Cypress Avenue/ in the
9 R-5D Residential Duplex District; and
10
WHEREAS/ the said duplex is nonconforming in that it/ and
11 a separate single-family dwelling / are located on two and one
12 half lots having a total lot width of sixty-two and one half
13 feet/ a configuration that is not permitted in the R-5D Zoning
14 District/ but that was lawful prior to the adoption of the City
15 Zoning Ordinance; and
16
WHEREAS/ pursuant to Section 105 of the City Zoning
17 Ordinance/ the alteration of a nonconforming use is unlawful in
18 the absence of a resolution of the City Council authorizing such
19 action upon a finding that the proposed use/ as altered/ will be
20 equally appropriate or more appropriate to the zoning district
21 than is the existing use;
22
NOW / THEREFORE / BE IT RESOLVED BY THE COUNCIL OF THE CITY
23 OF VIRGINIA BEACH/ VIRGINIA:
24 That the City Council hereby finds that the proposed use/
25 as altered/ will be equally appropriate to the district as is
26 the existing use.
27
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29 That the proposed alterations of the Applicant's use of the
30 parcel are hereby authorized, upon the following condition:
31 The alterations to the existing nonconforming duplex shall
32 be limited to, and shall be in substantial conformance with, the
33 submitted elevations entitled, "Front View of Proposed Changes
34 for Winbauer" and "Side View of Proposed Porch Changes for
35 Winbauer."
36
37 Adopted by the Council of the City of Virginia Beach on the
38 14thday of June, 2005.
CA-9633
OID\Ordres\nonconforming-winbauer.doc
R-2
June 2, 2005
APPROVED AS TO CONTENT:
/
AP7JJJ:/;; l/riv;:;;;;rcy:
City Attorney's Office
<t('......
". '-1 .
2
ROBERT A.
WINBAUER
Staff Planner: Carolyn AX Smith
REQUEST:
Chanqe to a Nonconforminq Use for
alteration to the front and rear entry of the
existing duplex.
ADDRESS / DESCRIPTION: Property located 1312 Cypress Avenue.
GPIN:
24179553850000
COUNCIL ELECTION DISTRICT:
6-BEACH
SITE SIZE:
7,812 square feet
SUMMARY OF REQUEST
There are two (2) dwelling units on two (2) and one half (1/2) lots: a single-family dwelling and a duplex
dwelling, Lot 4 and lot 5 are 25 feet in width and the northern half of lot 6 is 12,5 feet wide. Combined,
the total lot width is 62,5 feet. According to the City Assessor's records, the original single-family dwelling
unit was constructed in 1937. The northern portion of lot 6 was subdivided legally by deed on March 3,
1949 and the duplex was constructed thereafter (the exact date is not clear). The site is zoned R-5D
Residential Duplex District. Having three units in this configuration on the same zoning lot is not permitted
in the R-5D District, and thus the situation is nonconforming. As such, any modification to a structure
requires City Council approval (Section 1 05(d) of the City Zoning Ordinance).
The duplex unit, on the western portion of the lot, is currently under repair and renovation. The applicant
has obtained building permits to replace the roof and the siding and has plans to renovate the interior.
These are all changes that are allowable since they are considered repair and no alteration is being
made, However, it is also the applicant's intent to modify and upgrade the entrances to both units. The
proposed improvements to the entrances are beyond the scope of Staff's purview and require review and
approval from City Council since they are alterations to a nonconformity. Specifically, the applicant
proposes to replace the existing front entry of the duplex for the first floor unit with an A-frame, covered
entry feature and replace the deteriorating steps and the landing that lead to the 2nd floor unit in the rear
of the building.
RICHARD WINBAUER
Page 1
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: There is a single-family dwelling and a duplex on the property.
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
· Single-family dwellings, duplex / R-5D Residential District
· Single-family dwellings / R-5D Residential District
· Cypress Avenue, single-family dwelling, duplex, apartment
building / R-5D Residential District, A-36 Apartment District
· Single-family dwelling / R-5D Residential District
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is within the Chesapeake Bay watershed, There are no
significant environmental features on the property.
AICUZ:
The site is in an AICUZ of 70 to 75dB Ldn surrounding NAS Oceana.
IMPACT ON CITY SERVICES
WATER: This site has an existing meter that may be used. No additional connections will be permitted. There
is an eight (8) inch City water main in Cypress Avenue.
SEWER: This site is connected to City sanitary sewer. There is a six (6) inch City sanitary sewer main in
Cypress Avenue.
COMPREHENSIVE PLAN
The Comprehensive Plan designates this area as being part of the "Primary Residential Area." The land
use planning policies and principles for the Primary Residential Area focus strongly on preserving and
protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located
in this area. In a general sense, the established type, size and relationship of land use, both residential
and non-residential, located in and around neighborhoods should serve as a guide when considering
future development.
EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request.
Section 105(d) of the City Zoning Ordinance states that no nonconforming use or structure shall be
enlarged, extended, reconstructed, or structurally altered unless the City Council finds that the proposed
use will be "equally appropriate or more appropriate to the district than is the existing nonconformity."
Staff finds that the proposed alteration is reasonable, will have a minimal impact, and should be as
RICHARD WINBAUER
Page 2
appropriate to the district as the existing non-conforming use. The request, therefore, is acceptable with
the condition below.
CONDITIONS
The alterations to the existing duplex shall be limited to and shall be in substantial conformance with the
submitted elevations entitled, "Front view of proposed changes for Winbauer," and "Side view of proposed
porch changes for Winbauer."
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
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.
RICHARD WINBAUER
Page 3
RICHARD WINBA
UER
Page 4
~
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Page 7
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City nfVirgmia Beach Plano'iog Comrlllssion and City Council.
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We are in support of changes proposed [() the property located at 1312 Cypress Avenue,
rear dwelling The exterior renovation replacing the 8''( 9' concrete trotH entry porch
wIth an 8' x T wooden deck entry porch with an A.-rrame roof over the porch ( see
iHtached drawings) The two barn doors to rhe garage \vill he changed to two 36'- entrv
doors int0 utility rooms (see drawings'l
We are 10 >uppon orall improvements \Ir Wtnbauer and \IISS \leekins have and are
making to the property as it has and .....ill greatiy enhance the look and value rhe
renovatiun of the original beach cottages timher .:;omplcOlcnts the city' s pl:m tn bring
about the "Old Beach" ambiance
Name %,bvrr t ~ ') I ~c ~______
Address ~'ir~/ J{.l.-A X'E 7
Signatur - ~ Datc,:J -/]-;j'S'-
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Name C.t /<~
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N am e \Ptt-N 705:..U;'> 5:.k. ( (;-
Address 13 CYV ,4---:-S5-
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RICHARD WINBAUER
Page 8
Non-Conforming Use
1 06/24/85 Chan e of Zonin R-7 to R-8 Granted
2 03/25/85 Conditional Use Permit duplex Granted
3 11/05/84 Conditional Use Permit du lex Granted
4 09/17/84 Conditional Use Permit (duplex) Granted
11/16/81 Conditional Use Permit du lex Granted
5 06/18/84 Chan e of Zonin R-7 to A-1 Granted
6 03/19/84 Conditional Use Permit du lex Granted
7 02/28/83 Conditional Use Permit du lex Granted
RICHARD WINBAUER
Page 9
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~ 2. List all businesses that have a parent-subsidiari or affiliated business entitl
-< relationship with the applicant: (Attach list if necessary)
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t---' other unincorporated organization.
t.::) PROPERTY OWNER DISCLOSURE
Z Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
~ 1. Usllhe properly owner name followed by the names of all officers. members.
~ trustees. partners. etc. below, (Attach lisf if neeessmy)
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DISCLOSURE STATEMENT II
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiari or affiliated business entitl
relationship with the applicant: (Attach list if necessary)
I I
[t] Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
NonConformll19 Use Application
Page 8 of 9
Revised 9: 1 /2004
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Page 10
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DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
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1 "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation," See State and Local Government Conflict of
Interests Act, Va, Code S 2,2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent-subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities, Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va.
Code S 2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
according to the instructions in this package.
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Applicant's Signature 'I(.",.'.\: ,-,,)/
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Print Name ;c.. r:i I: ',-- y.j ..,;') r, "~de k
Property Owner's Signature (if different than applicant)
Print Name
Non.Conforming Use Application
Page 9 of 9
RevIsed 9/1/2004
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Item V-K.2.
PLANNING
ITEM # 54060
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council ADOPTED Resolution
upon application of C. COOPER PEARCE, III and MARTHA PEARCE for the exvansion of a
Nonconforming Use re alterations to a single family dwelling and the guest house shall be deemed an
accessory use and not rented as a separate dwelling at 117 Bay Colony Drive aka 117 47th Street.
Resolution upon application of C. COOPER PEARCE, III and
MARTHA PEARCE for the exvansion of a Nonconforminf! Use at
117 Bay Colony Drive aka 117 47th Street (GPIN 24189707850000).
DISTRICT 6 - BEACH
The following conditions shall be required:
1, The detached structure in the rear of the site is considered an
accessory use and shall not be rented as a separate dwelling unit.
2. The alterations to the single-family dwelling shall be limited to and in
substantial conformance with the site plan titled "Proposed Site Plan
for 1174 7'h Street" prepared by ThadA. Broom, AlA, and the elevation
plan titled "Pearce Residence Proposed Front Elevation" prepared by
Thad A. Broom, AlA, as exhibited to City Council and on file in the
Department of Planning.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E, Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Peter W. Schmidt
June 14,2005
1
2
3
4
5
6
A RESOLUTION AUTHORIZING THE ALTERATION OF A
NONCONFORMING USE ON PROPERTY LOCATED AT 117
BAY COLONY DRIVE (117 47TH STREET), IN THE
BEACH DISTRICT
WHEREAS,
C.
Cooper
Pearce,
III
and
Martha
7 Pearce, (hereinafter the "Applicants"), have made application to
8 the City Council for authorization to make alterations to a
9 nonconforming use (single-family dwelling with a detached guest
10 house) situated on a certain lot or parcel of land having the
11 address of 117 Bay Colony Drive (117 47th Street), in the R-7.5
12 Residential District; and
13
WHEREAS, the said single-family dwelling lS nonconforming,
14 in that current zoning regulations applicable in the R-7.5
15 Residential Zoning District do not allow a single-family
16 dwelling and a detached guest house to be located on the same
17 parcel, and neither the single-family dwelling nor the guest
18 house meet the required setbacks in the R-7.5 Residential
19 Zoning; and
20
WHEREAS, pursuant to Section 105 of the City Zoning
21 Ordinance, the alteration of a nonconforming use is unlawful in
22 the absence of a resolution of the City Council authorizing such
23 action upon a finding that the proposed use, as altered, will be
24 equally appropriate or more appropriate to the zoning district
25 than is the existing use;
26
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
27 OF VIRGINIA BEACH, VIRGINIA:
28 That the City Council hereby finds that the proposed use,
29 as altered, will be equally appropriate to the district as is
30 the existing use.
31
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
32 VIRGINIA BEACH, VIRGINIA:
33 That the proposed alterations of the Applicant's use of the
34 parcel are hereby authorized, upon the following condition:
35
1.
The detached structure in the rear of the site shall
36
be deemed to be an accessory use and shall not be
37
rented as a separate dwelling unit; and
38
2.
The alterations to the single-family dwelling shall be
39
limited to, and in substantial confority with, the
40
site plan titled "Proposed Site Plan for 117 47th
41
Street" prepared by Thad A. Broom, AlA and the
42 elevation plan titled "Pearce Residence Proposed Front
43 Elevation" prepared by Thad A. Broom, AlA as exhibited
44 to the City Council and on file in the Department of
45 Planning.
46
47 Adopted by the Council of the City of Virginia Beach on the
48 14ttday of June, 2005.
2
CA-9634
OID\Ordres\nonconforming-pearce.doc
R-2
June 3, 2005
APPROVED AS TO CONTENT:
AP]J;; TON~~;;;ZNCY:
City Attorney's Office
3
COOPER C.
PEARCE III AND
MARTHA
PEARCE
Staff Planner: Barbara Duke
REQUEST:
ChanQe to a NonconforminQ Use for a
building addition to a single family dwelling
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ADDRESS I DESCRIPTION: Property located at 117 4ih Street, also known as Bay Colony Drive
GPIN:
241897078500
COUNCIL ELECTION DISTRICT:
6 - BEACH
SITE SIZE:
6,250 square feet
SUMMARY OF REQUEST
The subject site is zoned R-7,5 Residential District and
measures only 6,250 square feet in size, There is an existing
single-family dwelling on the site as well as a detached guesthouse in the rear. The R-7.5 District does
not allow a detached guesthouse, The guesthouse was determined to be nonconforming during a review
of the site by the Zoning Administrator and the City Attorney's office in 1997. Neither the guesthouse nor
the single-family dwelling meets the setbacks required in the R-7.5 District. For these reasons, any
change to either the single-family dwelling or the guesthouse requires City Council approval pursuant to
Section 1 05(d) of the City Zoning Ordinance. The applicant is requesting approval for changes to the
single family dwelling only. No changes are proposed for the guesthouse.
The applicant is requesting approval for several modifications and additions to the single-family dwelling
on the site as follows:
1. Change the existing flat roof to a pitched roof
2. Create a new covered porch extending from the front door to the front line of the existing
structure.
3. Add a screened covered porch on the second story of the western most portion of the structure,
PEARCE
Nonconforming Structure Modification
Page 1
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: One single-family dwelling with a detached guesthouse
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
· Single-family Dwellings / R-7.5 Residential District
· Single-family Dwellings / R-7,5 Residential District
· Single-family Dwellings / R-7.5 Residential District
· Single-family Dwellings / R-7.5 Residential District
AICUZ: 65-70 dB Ldn
WATER: This site is connected to City water.
SEWER: This site is connected to City sanitary sewer.
The Comprehensive Plan designates this site as being part of
the "Primary Residential Area," and more specifically located in the sub-area identified in the plan as the
North Virginia Beach residential community. The land use planning policies and principles for the Primary
Residential Area focus strongly on preserving and protecting the overall character, economic value and
aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established
type, size and relationship of land use, both residential and non-residential, located in and around
neighborhoods should serve as a guide when considering future development.
COMPREHENSIVE PLAN
EVALUATION AND RECOMMENDATION
Staff recommends approval of this request. Section 105(d) of the City Zoning Ordinance states that no
nonconforming use or structure shall be enlarged, extended, reconstructed, or structurally altered unless
the City Council finds that the proposed use will be "equally appropriate or more appropriate to the district
than is the existing nonconformity."
The proposed modifications to the existing single-family dwelling do not extend beyond the setbacks
already established. The lot coverage for the existing structures is 37%, which exceeds the 35% allowed
in the R-7.5 District. The new covered front porch will add 180 square feet (or 3%) of additional lot
coverage, The enlargement is reasonable, will have a minimal impact, and should be as appropriate to
the district as the existing non-conforming use, The request, therefore, is acceptable with the conditions
below.
PEARCE
Nonconforming Structure Modification
Page 2
CONDITIONS
1 , The detached structure in the rear of the site is considered an accessory use and shall not be rented
as a separate dwelling unit.
2. The alterations to the single-family dwelling shall be limited to and in substantial conformance with the
site plan titled "Proposed Site Plan for 117 4ih Street" prepared by Thad A. Broom, AlA and the
elevation plan titled "Pearce Residence Proposed Front Elevation" prepared by Thad A. Broom, AlA as
exhibited to City Council and on file in the Department of Planning,
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
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.
PEARCE
Nonconforming Structure Modification
Page 3
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PEARCE
Nonconforming Structure Modification
Page 9
- 39-
Item V-K.3.
PLANNING
ITEM # 54061
William A. Beigel, the applicant, represented himself, 2529 Broad Bay Road, Phone: 286-5409. Mr. Beigel
advised being infire arm sales in the City of Portsmouth for over ten (10) years. Mr. Beigel decided to
focus only on law enforcement sales through the procurement of contracts from the law enforcement
agencies. His home will only be utilized as a business office, The weapons will be drop shipped to the
location of the agencies. Guns will not be sold from his home. The Bay Colony Civic League and Garden
Club fully endorsed his application. Mr. Beigel is securing an alarm system from John's Brothers,
Upon motion by Councilman Wood, seconded by Councilman Reeve, City Council ADOPTED an Ordinance
upon application of WILLIAM A. BEIGEL for a Conditional Use Permit re a home occupation (firearm
sales):
ORDINANCE UPON APPLICATION OF WILLIAM A. BEIGEL FOR A
CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (FIREARM
SALES) R060531252
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application ofWilliamA. Beigel for a Conditional Use Permit
for a home occupation (firearm sales) on property located at 2529 Broad Bay
Road (GPIN 14997885600000), DISTRICT 5 - LYNNHA VEN
The following conditions shall be required:
1, Not more than twenty (20) percent ofthefloorarea of the dwelling unit
shall be used in the conduct of the activity associated with the home
occupation.
2. There shall be no sign identifYing the business on the exterior of any
building on the property or within the yard of the property.
3. There shall be no individuals employed by the applicant related to this
home occupation.
4. Delivery of firearms to the property shall be secured by the applicant's
signature only.
5. Any firearms or firearm parts kept on the property shall be stored in
a locked, secure vault or similar container, The applicant shall contact
the Police Department/Crime Prevention Office to arrange for a
meeting at the property for the purpose of inspecting and approving
said vault or similar container. Failure to meet with the Crime
Prevention Office within one (1) month of the granting of this Use
Permit shall result in revocation of the Use Permit.
6. The Conditional Use Permit shall be reviewed by the Zoning
Administrator on an annual basis. The Zoning Administrator shall
refer the Use Permit to the City Council if the Zoning Administrator
finds that any of the conditions attached to the Use Permit or any of the
provisions of Section 234 of the City Zoning Ordinance are not being
adhered to.
June 14, 2005
- 40-
Item V-.K.3.
PLANNING
ITEM # 54061 (Continued)
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of June, Two Thousand
Five
Voting: 7-2
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Jim Reeve, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan and Mayor Meyera E, Oberndorf
Council Members Absent:
Richard A. Maddox and Peter W. Schmidt
June 14,2005
- 41 -
Item V-K.4.
PLANNING
ITEM # 54062
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of RAINBOW STATION, INC.for a Conditional Use Permit re a child care
education center:
ORDINANCE UPON APPLICATION OF RAINBOW STATION, INC. FOR A
CONDITIONAL USE PERMIT FOR A CHILD CARE EDUCATION CENTER
R060531252
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Rainbow Station, Inc. for a Conditional Use
Permit for a child care education center on property located on the south side
of Sandbridge Road, 725 feet east of Princess Anne Road (GPINs
24142138390000; 24143142490000). DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. The proposed child care education center shall be developed as shown
on the submitted plan entitled "Conceptual Site Layout &
Landscape Plan of Rainbow Statum" prepared by MSA, PC, with
a revision date of 04/12/05, In the event of Sand bridge Road widening
and the placement of a traffic signal on Sandbridge Road near St. John
the Apostle Catholic Church, the City is amenable to a revised
entrance and access road as shown on the attached plans, subject to:
a. Exact access location on Sandbridge Road to be determined by
the Public Works Department.
b. Area between the access road and Sandbridge Road to be
established as a non-building site, to be used only for Transition
Area buffer and landscaped in accordance with Planning
Department specifications,
2. When the property is developed, the two facilities depicted on the
Concept Plan shall have the architectural design and building
materials substantially as depicted on the exhibit "Building
Elevations ".
3. When the property is developed, the proposed entrance sign (prototype
monument) and fencing designated on the conceptual plan shall be
constructed substantially in accordance with the submitted plan
entitled "Conceptual Site Layout & Landscape Plan of Rainbow
Station" prepared by MSA, PC, with a revision date of April 12, 2005,
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance,
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of June, Two Thousand
Five
June 14, 2005
- 42-
Item V-K.4.
PLANNING ITEM # 54062 (Continued)
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Peter W Schmidt
June 14,2005
- 43-
Item V-K.5.
PLANNING
ITEM # 54063
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application ofTR UE VICTOR Y OUTREA CH MINISTRIES for a Conditional Use Permit
re a church:
ORDINANCE UPON APPLICATION OF TRUE VICTORY OUTREACH
MINISTRIES FOR A CONDITIONAL USE PERMIT FOR A CHURCH
R060531253
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of True Victory Outreach Ministries for a
Conditional Use Permit for a church on property located at 1270 Diamond
Springs Road (GPIN 14692011400000). DISTRICT 4 - BAYSIDE
The following condition shall be required:
1, The applicant shall obtain all necessary permits, inspections and
approvals from the Fire Department and the Permits and Inspections
Division of the Planning Department for the assembly use.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of June, Two Thousand
Five
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Peter W. Schmidt
June 14,2005
- 44-
Item V-K.6.
PLANNING
ITEM # 54064
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon Application of JEFFREY A. KROLL for a Conditional Use Permit re alternative
residential development:
ORDINANCE UPON APPLICATION OF JEFFREY A. KROLL FOR A
CONDITIONAL USE PERMIT FOR ALTERNATIVE RESIDENTIAL
DEVELOPMENT R060531254
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Jeffrey A. Kroll for a Conditional Use Permit
for alternative residential development on property located at the southeast
intersection of Stowe Road and North Stowe Road (GPIN 24004682700000).
DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. The final plat shall depict the three (3) proposed parcels as depicted
on the plan entitled "Exhibit Showing Proposed Subdivision on Lot 1
and Lot 2, 'Etheridge Estate,' prepared by Hassell & Folkes, dated
November 22, 2004, including, but not limited to, the ingress/egress
easement.
2. As required by the Rural Development Guidelines set forth in the City
of Virginia Beach Comprehensive Plan, a minimum, fifty (50}-foot
wide, vegetative buffer shall be installed between any dwelling unit to
be built on the 24.945 acre parcel and any portions of that parcel or
any adjoining parcel to be actively used for agricultural purposes. The
first 25 feet of said buffer, closest to the adjacent agricultural field,
shall be planted with a mixture of grasses and low growing indigenous
shrubs, The second 25 feet of said buffer shall be planted with a
double row of trees with a minimum caliper of 1-'lS inches and should
be centered no more than 30 feet on center. These trees shall be
indigenous and consist of a mixture of 25 percent deciduous and 75
percent evergreen, A Landscape Plan shall be submitted with the final
plat to the Development Services Center for review and approval prior
to the recordation of the final plat.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of June, Two Thousand
Five
June 14,2005
- 45 -
Item V-.K.6.
PLANNING ITEM # 54064 (Continued)
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A, Maddox and Peter W. Schmidt
June 14, 2005
- 46-
Item V-K. 7.
PLANNING
ITEM # 54065
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application ofST. CROIXASSOCIA TES, L.P. for a Conditional Change of Zoning District
Classification:
ORDINANCE UPON APPLICATION OF ST. CROIX ASSOCIATES, L.P. FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-JO
RESIDENTIAL DISTRICT AND A-12 APARTMENT DISTRICT TO
CONDITIONAL A-18 APARTMENT DISTRICT Z06051227
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of St. Croix Associates, L.P. for a Chanfle of
Zoninfl District Classification from R-10 Residential District and A-12
Apartment District to Conditional A-18 Apartment District on property located
on the north side of Newtown Road, approximately 450 feet east of Diamond
Springs Road (GPINs 14685325810000; 14685343630000). The
Comprehensive Plan designates this site as being part of the Primary
Residential Area, suitable for appropriately located suburban residential and
non-residential uses consistent with the policies of the Comprehensive Plan.
The purpose of the zoning change is to expand the existing complex with one
building containing 12 units, DISTRICT 4 - BA YSIDE
The following condition shall be required:
1, An agreement encompassing proffers shall be recorded with the Clerk
of the Circuit Court and is hereby made a part of the record.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance,
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of June, Two Thousand
Five
Voting:
8-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Mayor Meyera
E. Oberndorf, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Richard A. Maddox and Peter W Schmidt
June 14, 2005
T. CROIX ASSOCIATES, L.P., a Virginia limited partnership
YMOND L. HAROLD, WILLIAM H. SMILEY, JR., BESSIE V. HYMAN, ARTHUR L.
MILEY, BEN SMILEY, JOHN R. SMILEY, CORRINE E. CONYERS, EARL L.
MILEY and ROSE L. DOWLING
o (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
VIRGINIA BEACH, a municipal corporation of the Commonwealth of
THIS AGREEMENT, made this 29th day of September, 2004, by and between
CROIX ASSOCIATES, L.P., a Virginia limited partnership, party of the first
art, Grantor; RAYMOND L. HAROLD, WILLIAM H. SMILEY, JR., BESSIE V.
MAN, ARTHUR L. SMILEY, BEN SMILEY, JOHN R. SMILEY, CORRINE E.
ONYERS, EARL L. SMILEY and ROSE L. DOWLING, parties of the second part,
rantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
ommonwealth of Virginia, party of the third part, Grantee.
WITNESSETH:
WHEREAS, the party of the first part is the owner of a parcel of property
ocated in the Bayside District of the City of Virginia Beach, containing a total of
pproximate1y 12.3654 acres as more particularly described as Parcel 1 in Exhibit
A" attached hereto and incorporated herein by reference, which parcel along with
arce12 is hereinafter referred to as the "Property"; and
WHEREAS, the parties of the second part are the owners of a parcel of
roperty located in the Bayside District of the City of Virginia Beach, containing a
otal of 0.4998 acres as more particularly described as Parcel 2 in Exhibit "A"
ttached hereto and incorporated herein by reference, which parcel along with
arce1 1, is hereinafter referred to as the "Property"; and
WHEREAS, the Grantor, as contract purchaser of Parcel 2, has initiated a
onditional amendment to the Zoning Map of the City of Virginia Beach, Virginia,
y petition addressed to the Grantee so as to change the Zoning Classification of
he approximately 12.8652 acre Property from R-I0 Residential District and A-12
partment District to Conditional A-18 Apartment District; and
PIN: 1468-53-4363
1468-53-2581
PREPARED BY:
II SYKfS. ROURDON.
AIIrnN & UVY. P.C
1
~
WHEREAS, the Grantee's policy is to provide only for the orderly
evelopment of land for various purposes through zoning and other land
eve10pment legislation; and
WHEREAS, the Grantor acknowledges that competing and sometimes
ncompatib1e uses conflict and that in order to permit differing uses on and in the
ea of the Property and at the same time to recognize the effects of change, and
e need for various types of uses, certain reasonable conditions goveming the use
f the Property for the protection of the community that are not generally
pplicable to land similarly zoned are needed to cope with the situation to which
e Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of
prior to the public hearing before the Grantee, as a part of the proposed
endment to the Zoning Map, in addition to the regulations provided for the A-18
oning District by the existing overall Zoning Ordinance, the following reasonable
onditions related to the physical development, operation, and use of the Property
o be adopted as a part of said amendment to the Zoning Map relative and
pplicable to the Property, which has a reasonable relation to the rezoning and the
eed for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal
epresentatives, assigns, grantee, and other successors in title or interest,
0luntari1y and without any requirement by or exaction from the Grantee or its
overning body and without any element of compulsion or quid pro qUO for zoning,
ezoning, site plan, building permit, or subdivision approval, hereby make the
ollowing declaration of conditions and restrictions which shall restrict and govem
he physical development, operation, and use of the Property and hereby
ovenants and agrees that this declaration shall constitute covenants running with
e Property, which shall be binding upon the Property and upon all parties and
ersons claiming under or through the Grantor, its successors, personal
epresentatives, assigns, grantee, and other successors in interest or title:
PREPARED BY; 1. When the Property is developed, it shall be substantially In
II SYJ:IS. ROURDON. d .
AJlrnN &lM.P.C. ccor ance WIth the "SITE PLAN FOR ST. CROIX ASSOCIATES, L.P." dated
/30/04, prepared by The Spectra Group, which has been exhibited to the
2
irginia Beach City Council and is on file with the Virginia Beach Department of
1anning ("Site Plan").
2. Vehicular Ingress and Egress shall be via the one (1) existing entrance
rom Newtown Road and no more than one hundred sixty (160) residential
ondominium dwelling units shall be constructed on the Property.
3. The architectural design of and the exterior building materials on the
ne (1) new, twelve (12) unit residential building will be substantially similar to the
xisting seven (7) residential structures. The architectural design and exterior
uilding materials are depicted by photographs labeled "ST. CROIX ASSOCIATES",
/30/04, which have been exhibited to the Virginia Beach City Council and are on
de with the Virginia Beach Department of Planning ("Elevations").
4. The architectural design of the garages designated on the Site Plan
be substantially as depicted on the exhibit entitled "THE BELMONT
PARTMENTS GARAGES", prepared by Rodriguez, Ripley, Maddux, Motley,
chitects, which have been exhibited to the Virginia Beach City Council and are
n file with the Virginia Beach Department of Planning ("Garage Elevation"). The
rantor shall plant additional landscaping along the south side of the "New
riveway" depicted on the Site Plan, pursuant to a Landscape Plan to be
u bmitted to and approved by the Planning Director or his designee prior to Site
Ian approval.
5. Further conditions may be required by the Grantee during detailed
ite Plan review and administration of applicable City Codes by all cognizant City
gencies and departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantor and allowed and
ccepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
ontinue in full force and effect until a subsequent amendment changes the zoning
f the Property and specifically repeals such conditions. Such conditions shall
ontinue despite a subsequent amendment to the Zoning Ordinance even if the
ubsequent amendment is part of a comprehensive implementation of a new or
ubstantially revised Zoning Ordinance until specifically repealed. The conditions,
owever, may be repealed, amended, or varied by written instrument recorded in
e Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
PREPARED BY:
II Svns. DOURDON.
A1IrnN & lM. P.c.
3
PREPARED BY:
xecuted by the record owner of the Property at the time of recordation of such
nstrument, provided that said instrument is consented to by the Grantee in
.ting as evidenced by a certified copy of an ordinance or a resolution adopted by
he governing body of the Grantee, after a public hearing before the Grantee which
as advertised pursuant to the provisions of Section 15.2-2204 of the Code of
irginia, 1950, as amended. Said ordinance or resolution shall be recorded along
ith said instrument as conclusive evidence of such consent, and if not so
ecorded, said instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
e vested with all necessary authority, on behalf of the governing body of the City
f Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
estrictions, including the authority (a) to order, in writing, that any
on compliance with such conditions be remedied; and (b) to bring legal action or
uit to insure compliance with such conditions, including mandatory or
rohibitory injunction, abatement, damages, or other appropriate action, suit, or
roceeding;
(2) The failure to meet all conditions and restrictions shall constitute
ause to deny the issuance of any of the required building or occupancy permits as
ay be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
ursuant to these provisions, the Grantor shall petition the governing body for the
eview thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
xistence of conditions attaching to the zoning of the Property, and the ordinances
d the conditions may be made readily available and accessible for public
nspection in the office of the Zoning Administrator and in the Planning
epartment, and they shall be recorded in the Clerk's Office of the Circuit Court of
he City of Virginia Beach, Virginia, and indexed in the name of the Grantor and
e Grantee.
II SYl(rs. ROURDON.
AlImN & llVY. p,c.
4
WITNESS the following signatures and seals:
GRANTOR:
ST. CROIX ASSOCIATES, L.P.,
a Virginia limited partn rship
By:
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this acr day of
September, 2004, by Joe P. Covington, Jr., Managing General Partner of St. Croix
Associates, L.P., a Virginia limited partnership, Grantor.
Xm~~
Notary Public
My Commission Expires:
Embossed Hereon Is My
Commonweallh 01 Virginia Notary Public Seal
My Commission Expires January 31. 2005
LOU ANNE TEMPLETON
PREPARED BY:
I SYkTS. ROURDON.
ADrnN & LM. P.c.
5
PREPARED BY:
I SYKfS. ROURDON.
AIIrnN & UVY. p,c.
WITNESS the following signature and seal:
GRANTOR:
BAY~ J-H~F?t/rl
Raymond L. Harold
STATEOF~ ~
CITY/COUNTYc F .. ~ ~
~The
, to-wit:
(SEAL)
-
foregoing instrument was acknowledged before me this /) day of
, 2004, by Raymond L. Harold, Grantor.
f)Jc~
Notary lie
. ,-
My Commission Expires: 2/2t!().5
6
WITNESS the following signature and seal:
GRANTOR:
(SEAL)
STATE OF \f~
CITY / COUNTY OF O~ ' to-wit:
K
l\:he foregoing instrument was acknowledged before me this 1.1 day of
~_ ,2004, by William H. Smiley, Jr., Grantor. ~~.
_~~A ~~~
Notary Public
My Commission Expires: ~~ -:::. (I (}OO l.
PREPARED BY;
I SYJ([s. ROURDON.
AlIrnN & UW. P.c.
7
WITNESS the following signature and seal:
GRANTOR:
_ /q~ /" -#- t-h?1ert ~
Bessie V. Hymanf
STATE OF _W ~
CITY / COUNTY OF ~ ~
, to-wit:
~~e foregoing instrument was acknowledged before me this
-- ,2004, by Bessie V. HI= U. ~
f)l~. I 3 r)O~~~~ic \
My Commission Expires: (y ~ 0 \{j
PREPARED BY:
I SYKIS. ROURDON.
AlUlm & UW. P.L
8
(SEAL)
D day of
WITNESS the following signature and seal:
GRANTOR:
.~
~?Z-.L L .
Arthur L. Smiley
STATE OF \\~
CITY / COUNTY OF ~Qjc , to-wit:
k .~_he foregoing instrument was acknowledged
~ !a'_ , 2004, by Arthur L. Smiley, Grantor.
.\~ ~
.
before me this
W\!J
"
My Commission Expires:
Notary Public
&~'\ 3t)J-0019
PREPARED BY:
I SYl([S. ROURDON.
AIIrnN & llVY. P.c.
9
(SEAL)
u*day of
WITNESS the following signature and seal:
GRANTOR:
~,~
Ben Smiley .
(SEAL)
foregoing instrument was acknowledged before me this l2. day of
, 2004, by Ben Smiley, Grantor.
~.~~.l~~
Notary Putllc
My Commission Expires: fl. ~
STATE OF if ~
CITYjCOUN OF ~f-
i\ The
. ~
, to-wit:
3l/606lo
PREPARED BY:
I" SYlCI;S. DOURDON.
Allum & LM. P.c.
10
WITNESS the following signature and seal:
GRANTOR:
~ #
.'. ~/ a .'
John R. Smiley
(SEAL)
, to-wit:
~
_i::.v::"h,e f~,;g~~gb:,::=~~nir:;:;. ~;:~:~~dged before me this J!l day of
_._~~ ~\ .~
Notary Public
My Commission Expires: fi:) ~
31 3001.0
)
PREPARED BY:
[g SYKfS. ROURDON.
II AJJfRN & llVY. P.c.
11
WITNESS the following signature and seal:
GRANTOR:
~JV16~J ~;%~
Corrine E. Cony'; rs
(SEAL)
STATE OF~ -J
CITY /COUNTYt:6F ~ ' to-wit:
The foregoing instrument was acknowledged before me this / r day of
,2004, by Corrine E. Conyers, Grantor.
ilJ e~
Notary blic
My Commission Expires: 2/ L t / o:i'
PREPARED BY,
IB SYl([S. ROURDON.
II AIIrnN & llVY. p,C
12
1~
before me this ~ day of
WITNESS the following signature and seal:
GRANTOR:
STATE OF \ r:n. - .' . J
CITY/COUNTY 6~~~ n-4--,
\J
~ D !he foregoing instrument was acknowledged
DM. ,2004, by Earl L. Smiley, Grantor.
-
Q n
^"JfW'< ~ ~
Notary Public
My Commission Expires: &. ~ 3 I I 000 le
, to-wit:
PREPARED BY:
IB SYlCI:S. nOURDON.
[I AIIrnN & LM. P.c.
13
(SEAL)
WITNESS the following signature and seal:
GRANTOR:
/l C--:-..
~< ItJ
~
Rose L. Dowling
STATE OF~ - /
CITY/COUNTY' F ~~ , to-wit:
i1 The foregoing instrument was acknowledged before me this / r day of
~. ,2004, by Rose L. Dowling, Grantor.
~c,&~
Notary Pu ic
My Commission ExPires:2/Ztl 05
PREPARED BY:
IB SYl([S. nOURDON.
II AIlrnN & Iffi'. p,c.
14
I I
..
EXHIBIT "An
PARCEL 1:
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements
thereon, situate, lying and being in the Borough of Bayside, in the City of Virginia
Beach, State of Virginia, being known as Parcel 1, 12.365 acres, "Resubdivision of
Parcel A, Home Site B, and The Remaining Portion of Parcel B, Partition of
Property of Wm. Hawkins Est. and A Portion of Plan of Property situated in
Princess Anne Co., VA., surveyed for Wm. Hawkins, Bayside Borough, Virginia
Beach, Virginia", in Deed Book 2675, at Page 1326E.
GPIN: 1468-53-4363
"
PARCEL 2:
All that certain lot, piece or parcel of land, with the buildings and improvements
thereon and the easements and appurtenances thereunto belonging or in anywise
appertaining, situate, lying and being in Kempsville Magisterial District in the
County of Princess Anne, State of Virginia, and bounded and described as follows:
BEGINNING at a point in the center of a "ten (10) foot joint lane", dividing the
lands of C. C. Dildy and William Hawkins, extending from a point in the northerly
line of the Public Highway known as Bayside Road, north Nine (90) degrees, east;
which point of beginning is marked by a pin and is distant five hundred eighty-
seven (587') feet from the northerly line of the said Bayside Road; running thence
north eight-one (810) degrees, west Two Hundred Eight and Seven-tenths (208.7')
feet to a point marked by a pin; thence south nine (90) degrees, west One Hundred
four and four-tenths (104.4') feet to a point marked by a pin; thence south Eighty-
one (810) degree, east Two Hundred Eight and seven-tenths (208.71 feet to point in
the center of the aforesaid "Ten (101 foot joint lane", marked by a pin; thence
south along the center of said "Ten (101 foot joint lane", One Hundred four and
four-tenths (104.41 feet to a point marked by a pin, the point of beginning
aforesaid; together with the right to use the said lane along with the adjoining
property owners for ingress and egress to and from the land hereby conveyed,
containing five-tenths (.5) of an acre.
GPIN: 1468-53-2581
CONDITIONALREZONE/STCROIXASSOCIATES/PROFFER
PREPARED BY:
!B SYKIS. ROURDON.
(I AIIillN & lM. P.c.
15
-,-----------
- 47-
Item V-K.8
PLANNING
ITEM # 54066
Upon- motion by Councilman Reeve, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AMEND 99 III and 401 and ADD 9 239.02 of the City Zoning
Ordinance (COZ), defining the term "mulch processingfacility ", establishing
mulch storage and standards for mulch processing facilities as principal and
conditional uses, respectively, in Agricultural Zoning Districts
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A, Maddox and Peter W Schmidt
June 14,2005
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AN ORDINANCE DEFINING THE TERM "MULCH
PROCESSING FACILITY," ESTABLISHING
MULCH STORAGE AND MULCH PROCESSING
FACILITIES AS PRINCIPAL AND CONDITIONAL
USES, RESPECTIVELY, IN AGRICULTURAL
ZONING DISTRICTS, AND ESTABLISHING
STANDARDS FOR MULCH PROCESSING
FACILITIES
Sections Amended: City Zoning Ordinance
:31:31 111 and 401
Section Added: City Zoning Ordinance
Section 239.02
17
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
18 BEACH, VIRGINIA:
19
That Sections 111 and 401 of the City Zoning Ordinance are
20 hereby amended and reordained, and a new Section 239.02 is
21 hereby added, to read as follows:
22 Sec. 111. Definitions.
23
For the purpose of this ordinance, words used in the
24 present tense shall include the future; words used in the
25 singular number include the plural and the plural the singular;
26 the use of any gender shall be applicable to all genders; the
27 word" shall" is mandatory; the word "may" lS permissive; the
28 word "land" includes only the area described as being above mean
29 sea level; and the word "person" includes an individual, a
30 partnership, association, or corporation.
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31 In addition, the following terms shall be defined as herein
32 indicated:
33
34
Mulch processing facili ty.
A
facility
at
which
raw
35 materials are processed into mulch.
36
37 Sec. 239.02. Mulch processing facilities.
38 In addition to the general standards set forth in Section
39 220, the following requirements shall apply to mulch processing
4 0 facilities:
41
42
(a) Minimum lot area shall be five (5) acres;
(b) No machinery shall be operated between 7: 00 p. m. and
43 7:00 a.m.;
44
(c) No such facility shall be located where noise and
45 other potential adverse impacts may affect nearby residential
46 properties;
47 (d) There shall be no retail sales of processed mulch to
48 the general public; and
49
(e)
Such facilities may be operated only in conj unction
50 with an active farming operation on the site.
51
2
I
52 Sec. 401. Use regulations [Agricultural Zoning Districts] .
53
(a)
Principal and conditional uses. The following
54 chart lists those uses permitted within the AG-1 and AG-2
55
Agricultural Districts.
Those uses and structures
in the
56 respective agricultural districts shall be permitted as either
57 principal uses indicated by a "P" or as conditional uses
58 indicated by a "C." Uses and structures indicated by an "X"
59 shall be prohibited in the respective districts. No uses or
60 structures other than as specified shall be permitted.
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62
Use
AG-l
AG-2
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64 Mulch processing facilities,
65 subject to the provisions
66 of Section 239.02
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68 Mulch storage on lots at least
69 five (5) acres in area on which
70 an active farming operation
71 is conducted, provided that no
72 more than five hundred (500) cubic
73 yards shall be stored at one time;
74 no retail sales to the general pub-
75 lic shall be conducted; no proces-
76 sing shall occur on the site; and
77 no sign associated with such activ-
78 ity shall be allowed
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C
C
P
P
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Adopted by the Council of the City of Virginia Beach,
83 Virginia, on the 14th day of June, 2005.
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Item V-L.1.
APPOINTMENTS
ITEM # 54067
BY CONSENSUS, City Council RESCHEDULED:
HEALTH SERVICES ADVISORY BOARD
PARKS AND RECREATION COMMISSION
SHORE DRIVE ADVISORY COMMITTEE
TOWING ADVISORY BOARD
June 14,2005
,
- 49-
Item V-L.2.
APPOINTMENTS
ITEM # 54068
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Beatriz Amberman
Thomas A. Felton, Jr.
M. Jean Rawls
2-Year Term
7/1/05 - 6/30/07
ARTS and HUMANITIES COMMISSION
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva,
Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Peter W Schmidt
June 14,2005
- 50-
Item V-L.3.
APPOINTMENTS
ITEM # 54069
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Judith Rosenblatt
3-Year Term
7/1/05 - 6/30/08
BEACHES and WATERWAYS COMMISSION
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Peter W Schmidt
June 14, 2005
- 51 -
Item V-L.4.
APPOINTMENTS
ITEM # 54070
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Charles R. Wall
3-Year Term
7/1/05 - 6/30/08
CHESAPEAKE ALCOHOL SAFETY ACTION PROGRAM
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Peter W. Schmidt
June 14, 2005
- 52-
Item V-L.5.
APPOINTMENTS
ITEM # 54071
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Eric C. Hauser
Robert G. Jones
Donald L. Maxwell
Mayor Meyera E. Oberndorf
1-Year Term Plus to 12/31/06
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
Voting: 9-0
Council Members Voting Aye:
Harry E, Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Peter W Schmidt
June 14,2005
- 53-
Item V-L.6.
APPOINTMENTS
ITEM # 54072
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Wanda J. Cooper
James K. Hill
John M. Williamson
2-Year Term
6/1/05 - 5/31/07
William R. Brown
Angelica M. Ceron
Unexpired term thru 5/31/06
MINORITY BUSINESS COUNCIL
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Peter W. Schmidt
June 14,2005
- 54-
Item V-L. 7.
APPOINTMENTS
ITEM # 54073
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Jeffrey L. Marks
Unexpired thru 5/31/07
OPEN SPACE ADVISORY COMMITTEE
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Peter W. Schmidt
June 14,2005
,-----
- 55 -
Item V-L.S.
APPOINTMENTS
ITEM # 54074
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Ann K. Crenshaw
Unexpired thru 12/31/07
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva,
Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Peter W. Schmidt
June 14, 2005
- 56-
Item V-M.l.
MAYOR'S RECOGNITION
ITEM # 54075
Mayor Oberndorf recognized the following Boy Scout in attendance to earn his merit badge:
Gregory Scott
(accompanied by his Father)
June 14, 2005
- 57-
Item V-O.
ADJOURNMENT
ITEM # 54076
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:36 P.M.
~~~~_~_./.<oI
Chief Deputy City Clerk
Louis R. Jones
Vice Mayor
--
uth Hodges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
June 14, 2005