HomeMy WebLinkAboutSEPTEMBER 23, 2008 AGENDA
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CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
\ fA YOR MEYh'RA E. OBERNDORF, At-Large
liCE MAYOR LOUIS R. JONES. Bays/de - District 4
WILLIAM R. DeSTEPH, At-Large
'IARRY E. DIEZEL, Kempsville - District 2
h'OBERT M. DYER" Centerville - District I
liARBARA M. HENLEY, Prmcess Anne - District 7
liEBA S. McCLANAN, Rose Hall - District 3
fOHN E. UHRIN, Beach - District 6
NON A. VILLANUEVA, AI-Large
NOSEMARY WILSON, At-Large
JAMES L WOOD, Lynnhaven -D,strlct 5
CITY COUNCIL AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL.Ctycncl@vbgov.com
('fTY MANAGER - JAMES K. SPORE
('ITY ATTORNEY - LESLIE L LILLEY
('ITY CLERK - RUTH HODGES FRASER. MMC
23 SEPTEMBER 2008
I.
CITY COUNCIL COMMENTS
- Conference Room -
1:30PM
Ill. REVIEW OF AGENDA _
ilL INFORMAL SESSION
- Conference Room -
2:00PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
IV FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Chaplain H. L. Petrie, USN, Ret.
VirgInia Beach Police ASSocIatIOn
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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D.
ELECTRONIC ROLL CALL OF CITY COUNCIL
E.
CERTIFICATION OF CLOSED SESSION
F.
MINUTES
1.
INFORMAL and FORMAL SESSIONS
September 9,2008
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARINGS
1. EXCESS CITY PROPERTY - Interfacility Traffic Area
conveyance of easement - North Landing Road
2. CITY PROPERTY - Operation Smile, Inc.
a. DEDICATION - Faculty Boulevard and South Rosemont Road
b. OPTION TO PURCHASE - Concert Drive and South Rosemont Road
I. PUBLIC COMMENT
1. 2009 COMMUNITY LEGISLATIVE AGENDA
J. CONSENT AGENDA
K. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND S 21-303 of the City Code re Motor Vehicle and Traffic Code pertaining
to parking vehicles for sale or rent.
2. Ordinance to DECLARE City property EXCESS and AUTHORIZE the City Manager to
convey same to Operation Smile, Inc. and Tidewater Community College; ACCEPT propert;
from Old Dominion Real Estate Foundation; AUTHORIZE the execution of a Development
Agreement with Operation Smile, Inc.; and, GRANT an option to acquire City property to
Operation Smile, Inc. and the Old Dominion Real Estate Foundation.
3. Ordinance to AUTHORIZE the City Manager to execute an Agreement for the exchange of real
property with the United States of America to acquire Marshview; to CONVEY a restrictive
easement for the Inter-Facility Traffic Area (ITA) and ACCEPT a Quitclaim Deed from the
Navy for this property.
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4. Resolution to DEVELOP an Environmental Sustainability Program known as "Go Green
Virginia Beach: the sustainable Virginia Beach InitiatIve" endorsed by the VirgmIa MUlllcIpaI
League's (VML) ExecutIve CommIttee.
5. Resolution re proposed issuance of certam tax-exempt Revenue Bonds by the Southeastern
Public Service Authority (SPSA) with a portion ofthe proceeds to be used for facilities located
in Virgmia Beach.
6. Resolution to ENDORSE the Elizabeth RIver 2008 Watershed Action Plan and SUPPORT Its
restoratIOn and conservatIOn.
7 ResolutIon to ENDORSE the Report of Housmg and Neighborhood PreservatIOn and
DIRECT City Staff to develop proposals to Implement Its recommendatIons.
8. Ordinance to MODIFY the Virgima Board of Corrections Construction Standards re the
Corrections Center III building maintenance and landscape.
9 Ordinances to ACCEPT Grants from the Virgmia Department of Motor VehIcles (VDOT) and
APPROPRIATE to the Police Department's FY 2008-09 Operating Budget:
a. $51,570 with $10,314 matching funds re enforcement of seat belt laws
b. $67,930 with $13,586 matching funds re enforcement ofDUI laws
10. Ordinance to ACCEPT a $70,000 Grant from the VirgIma Mental Health, Mental RetardatIOn
and Substance Abuse Services to Human ServIces' FY 2008-09 Operatmg Budget to meet
Mental Health state regulatIOns.
L. PLANNING
I ApplicatIOns for ConditIOnal Use Permits:
a. CENTERVILLE BINGO, INC. re a bingo hall at 1920 CenterviIle Turnpike.
DISTRICT 1 - CENTERVILLE
DEFERRED
RECOMMENDA nON
August 12 and September 9,2008
APPROVAL
b. VIRGINIA BEACH INKre a tattoo studio at 612 Nevan Road.
DISTRICT 5 - L YNNHA VEN
DEFERRED
RECOMMENDATION
September 9,2008
APPROVAL
M. APPOINTMENTS
HISTORIC SITES ORGANIZING COMMITTEE
HUMAN RIGHTS COMMISSION
PARKS AND RECREATION COMMISSION
RESORT ADVISORY COMMISSION
REVIEW AND ALLOCATION COMMITTEE
WORKFORCE HOUSING ADVISORY COMMITTEE
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
30th Anniversary of the Office of Volunteer Resources
September 24, 2008
4:00 - 6:00 PM
Volunteer Recognition Garden
Citv Council Sessions for November and December 2008
November 4
November 11
November 18
November 25
Election Day - No Sessions
Veteran's Day -No Sessions
Briefing, Informal, Formal, including Planning
Briefing, Informal, Formal, including Planning
December 2
December 9
Briefing, Informal, Formal, including Planning
Briefing, Informal, Formal, including Planning
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Comprehensive Plan Open Houses
September 29,2008 Creeds Elementary DIstnct #7 - Prmcess Anne
7:00 - 9:00 PM
October 2, 2008 Landstown High School
7:00 - 9:00 PM DIstnct #7 - Prmcess Anne
October 6, 2008 Bow Creek Recreation Center DIstnct #3 - Rose Hall
7:00 - 9:00 PM DIstnct #6 - Beach
October 9, 2008 WhIte Oaks Elementary DIstnct #3 - Rose Hall
7:00 - 9:00 PM School
October 13,2008 Convention Center DIstnct #6 - Beach
7:00 - 9:00 PM
October 16, 2008 AssocIation for Research & Dlstnct #5 - Lynnhaven
7:00 - 9:00 PM Enlightenment Dlstnct #6 - Beach i
October 20, 2008 Pnncess Anne High School DIstnct #4 BaysIde
7:00 - 9:00 PM DIstnct #5 - Lvnnhaven
October 23, 2008 Bayslde Recreation Center DIstnct #4 Bayslde
7:00 - 9:00 PM Dlstnct #5 - Lvnnhaven ,
October 27,2008 Cox High School Dlstnct #5 - Lynnhaven
I 7:00 - 9:00 PM
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If you are physically disabled or visually impaired
and need assistance at thIS meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
,
Agenda 09/23/08 gw
www.vbgov.com
'I 'I
I.
CITY COUNCIL COMMENTS
- Conference Room -
1:30PM
IJ REVIEW OF AGENDA
II I
III. INFORMAL SESSION
- Conference Room -
2:00PM
B. ROLL CALL OF CITY COUNCIL
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
C. RECESS TO CLOSED SESSION
II 'I
I' r
\'
FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Chaplam H. L. Petrie, USN, Ret.
Virgima Beach Police ASSOCIatIOn
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
September 9, 2008
G. AGENDA FOR FORMAL SESSION
II I
.tsolutintt
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The VirgmIa Beach City Council convened mto CLOSED SESSION,
pursuant to the affirmatIve vote recorded here and in accordance WIth the prOVISIons of The
Virgima Freedom of InformatIOn Act; and,
WHEREAS: Section 2.2-3712 of the Code ofVirgIllla requires a certIfication by the
govenllng body that such Closed SeSSIOn was conducted m conformIty with VirgIma Law.
NOW, THEREFORE, BE IT RESOLVED: That the VirgIllla Beach City Council
hereby certIfies that, to the best of each member's knowledge, (a) only public busmess matters
lawfully exempted from Open Meeting requIrements by Virgima 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 convemng thIS Closed SeSSIOn were heard, discussed or
consIdered by VirgIma Beach City Council.
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H. PUBLIC HEARINGS
1 EXCESS CITY PROPERTY - Interfacility Traffic Area
acquisition of easement - North Landing Road
2. CITY PROPERTY - OperatIOn Smile, Inc.
a. DEDICA nON - Faculty Boulevard and South Rosemont Road
b. OPTION TO PURCHASE - Concert Drive and South Rosemont Road
.11
PUBLIC HEARING
SALE OF EXCESS CITY PROPERTY
The Virginia Beach City Council will hold a PUBLIC
HEARING on the proposed granting of a restnctive
easement over city property acquired In the Interfacility
Traffic Area Acquisition (CIP 9-060.002), Tuesday,
September 23, 2008, at 6:00 p.m., In the
Council Chamber of the City Hall Building (Building #1) at
the MUniCipal Center, Virginia Beach, Virginia. The
easement will cover approximately 46.6 acres located
on North Landing Road [GPIN: 1483-58-0100 (formerly
1483-48-9053)]. The purpose of this Heanng will be to
obtain public Input to determine whether this restrictive
easement should be conveyed to the United States of
Amenca In a property exchange.
If you are phYSically disabled or visually Impaired and
need assistance at thIS meeting, please call the CITY
CLERK'S OFFICE at 385-4303; Hearing Impaired,
call 1-800-828-1120 (Virginia Relay -Telephone DeVice
for the Deaf).
Any Questions concerning thiS matter should be directed
to the Office of Real Estate, Building #2, Room 392, at
the Virginia Beach MUniCipal Center The Real Estate
Office telephone number IS (757)385-4161.
,
Ruth Hodges Fraser. MMC
City Clerk
Beacon Sept. 14,2008
19284672
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PUBLIC HEARING
DEDICATION OF CITY PROPERTY
AND GRANT OF OPTION TO
~UIRE CITY PROPERTY
The Virginia Beach City Council will hold a PUBLIC
HEARING Tuesday, September 23, 2008 at
6:00 p.m., In the Council Chamber of the City Hall
Building (Bldg #1) at the MUniCipal Center. Virginia Beach,
Virginia to consIder:
(1) Dedication of 15 acres of City property located at the
corner of Faculty Blvd. and S. Rosemont Rd. (GPIN:
1485-74-3285 and a portion of 1485-73-8610) to Operation
Smile, Inc. and the Commonwealth of Virginia, State Board of
Community Colleges
(2)Granting of an Option to Purchase 12.65 acres of City
property located at Concert Drive and S. Rosemont Rd. (GPII\
1485-73-8610). to Operation Smile, Inc. and the Old
Dominion University Real Estate Foundation.
If you are physically disabled or visually Impaired anu
need assistance at thiS meeting, please call the CITY
CLERK'S OFFICE at 385-4303.
Any questions concerning thiS matter should be directed te
the Office of Management Services, Building #1, at thE
Virginia Beach Municipal Center. The Office of Management
Services telephone number IS (757) 385-1857
Ruth Hodges Fraser. MMC
City Clerk
VP SPpt. 14 2008
19284688
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I. PUBLIC COMMENT
2009 COMMUNITY LEGISLATIVE AGENDA
II 'I
J. CONSENT AGENDA
K. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND S 21-303 of the City Code re Motor Vehicle and Traffic Code pertamIng
to parkmg vehicles for sale or rent.
2. Ordinance to DECLARE City property EXCESS and AUTHORIZE the City Manager to
convey same to Operation Smile, Inc. and Tidewater Community College; ACCEPT
property from Old DOmInIOn Real Estate Foundation; AUTHORIZE the executIOn of a
Development Agreement with OperatIOn Smile, Inc.; and, GRANT an optIOn to acqmre City
property to Operation Smile, Inc. and the Old Dominion Real Estate Foundation.
3 Ordinance to AUTHORIZE the City Manager to execute an Agreement for the exchange of
real property with the United States of America to acquire Marshview; to CONVEY a
restnctIve easement for the Inter-Facility Traffic Area (IT A) and ACCEPT a QmtclaIm Deed
from the Navy for thIS property
4. ResolutIOn to DEVELOP an Environmental SustaInability Program known as "Go Green
Virginia Beach: the sustaInable Virginia Beach ImtIatIve" endorsed by the VirgInia MunICIpal
League's (VML) ExecutIVe CommIttee.
5 ResolutIOn re proposed issuance of certain tax-exempt Revenue Bonds by the Southeastern
Public ServIce Authority (SPSA) with a portIOn of the proceeds to be used for facilities located
In VirgmIa Beach.
6. ResolutIOn to ENDORSE the Elizabeth River 2008 Watershed ActIOn Plan and SUPPORT Its
restoration and conservatIOn.
7 Resolution to ENDORSE the Report of Housing and Neighborhood PreservatIOn and
DIRECT City Staff to develop proposals to implement ItS recommendatIOns.
8. Ordinance to MODIFY the Virginia Board of Corrections ConstructIOn Standards re the
Corrections Center III building mamtenance and landscape.
9 Ordinances to ACCEPT Grants from the Virginia Department of Motor VehIcles (VDOT) and
APPROPRIATE to the Police Department's FY 2008-09 Operating Budget:
a. $51,570 WIth $10,314 matchmg funds re enforcement of seat belt laws
b. $67,930 WIth $13,586 matching funds re enforcement ofDUI laws
10. Ordinance to ACCEPT a $70,000 Grant from the Virginia Mental Health, Mental RetardatIOn
and Substance Abuse Services to Human ServIces' FY 2008-09 Operating Budget to meet
Mental Health state regulations.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Amend Section 21-303 of the City Code, Pertaining
to the Parking of Vehicles For Purposes of Sale or Rental.
MEETING DATE: September 23,2008
. Background: The City Code, as currently written, prohibits the parking on any
City street or parking lot of any vehicle displaYing a "For Sale" sign. This has placed an
undue burden on those whose homes require them to park on the street or those who
carry on any business with the City
. Considerations: Currently, it IS a City Code Violation for any vehicle to display a
"For Sale" sign while parked on a street or highway or a City parking lot, even if the
vehicle IS parked for ordinary purposes unrelated to its sale or rental, and even if the
vehicle IS parked for a very short time. The proposed amendment would make it a
Violation only if the vefllcle IS parked on a street, City parking lot or other City-owned
property for the purpose of selling or offenng the vehicle for sale.
The amendments also set forth certain factors which are to be considered In
determining the purpose for which a vehicle IS parked. Those factors Include, but are
not limited to, (i) the number, size and placement of signs offenng the vehicle for sale or
rent; (ii) the length of time the vehicle IS parked; and (iii) the manner In which the vehicle
IS parked.
. Public Information: The Ordinance will be advertised as a regular agenda item.
. Alternatives: If the ordinance IS not adopted, parking tickets will continue to be
Issued for any car parked on the street or city parking lot with a "For Sale" sign.
. Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Councilmember John Uhnn
City Manager: r r-. mbM
Requested by Councilmember John Uhnn
1 AN ORDINANCE TO AMEND SECTION 21-
2 303 OF THE CITY CODE, MOTOR VEHICLE
3 AND TRAFFIC CODE PERTAINING TO THE
4 PARKING OF VEHICLES FOR PURPOSES
5 OF SALE OR RENTAL
6
7 Section Amended: 921-303
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA.
11
12 That Section 21-303 of the City Code IS hereby amended and reordalned to read
13 as follows:
14
15 Chapter 21 MOTOR VEHICLE AND TRAFFIC CODe
16
17 ARTICLE III. STOPPING, STANDING AND PARKING
18
19 DIVISION I. GENERALLY
20
21
22 Sec. 21-303. General parking prohibitions; penalties for violation.
23
24
25 (b) No person shall park a vehicle, except when necessary to avoid conflict
26 with other traffic or In compliance with the directions of a police officer or traffic-control
27 deVice, In any of the follOWing places:
28
29
30 (12) On any street or highway or any city parking lot or other city-owned
31 property for the purpose of selling or offenng the vehicle for sale or
32 rent, displaYing a sign or lettering Indicating th:lt the vehicle IS
33 offered for s31e or rent. Factors that shall be considered In
34 determlnlnQ the purpose for which a vehicle IS parked shall Include.
35 but not be limited to (i) the number, size and placement of signs
36 offering the vehicle for sale or rent; (ii) the length of time the vehicle
37 IS parked: and (iii) the manner In which the vehicle IS parked.
38
39
of
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day
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APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
..b:r /'I(
Police Department
COMMENT
Under the current provision, merely displaying a "For Sale" sign on a motor vehicle parked
on a street is a violation of the City Code, even if the vehicle is parked for purposes unrelated to its
being offering for sale or rent. The amendments provide that a violation consists of parking a
vehicle on a street, City parking lot or other City property for the purpose of offering the vehicle
for sale or rent. The display of signage on a vehicle, while relevant to the purpose for which a
vehicle is parked, would no longer be a violation in and of itself.
The proposed amendments also set forth certain factors which may be used to determine
the purpose a vehicle is parked. They include, without limitation: (i) the number, size and
placement of signs offering the vehicle for sale or rent; (ii) the lengt.h of time the vehicle is parked;
and (iii) the manner in which the vehicle is parked.
CA 10849
R-6
September 17, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance (1) declaring certain property excess and authorizing the City
Manager to convey same to Operation Smile, Inc. and Tidewater Community College,
(2) accepting property from Old Dominion Real Estate Foundation, (3) authorizing the
execution of a Development Agreement and related documents with Operation Smile,
Inc., and (4) granting an Option to acqUire City property to Operation Smile, Inc. and the
Old Dominion Real Estate Foundation
MEETING DATE: September 23, 2008
. Background: On October 11,2007, Operation Smile, Inc. (Operation Smile)
announced that it desired to build its worldwide headquarters In Princess Anne
Commons adjacent to Tidewater Community College's ("TCC") proposed Health
Professions Building. Operation Smile teams around the world bring free reconstructive
surgery to children suffering from physical and emotional distress caused by facial
deformities In more than 30 developing countries. Operation Smile has 5,000
volunteers worldwide and has treated more than 100,000 children since 1982. The
headquarters building will be a LEED (Leadership In Energy and Environmental Design)
certified state-of-the-art headquarters of approximately 65,000-75,000 square feet for
approximately 100 -125 full-time local staff.
This transaction IS to subdivide a parcel of City land Intended for future TCC
development Into two parcels to be conveyed to and JOintly developed by TCC and
Operation Smile for their respective developments. TCC Intends to construct a Health
Professions Building on the property it will receive through this transaction.
On December 11, 2007, the City Council adopted an ordinance that authOrized the City
Manager to execute a term sheet with Operation Smile for the development of the
headquarters building and transferred $3.5 million for site Improvements for the
expansion of TCC's eXisting campus and Operation Smile's World Headquarters.
The City has historically paid for the land associated with the expansion of TCC and for
site Improvements associated with new buildings on its campus.
. Considerations: To facilitate the proposed development, the City would
dedicate approximately 18 acres (total) to both TCC and Operation Smile for TCC's
Health Professions Building and Operation Smile's World Headquarters. The City would
also provide a maximum of $3.5 million for site improvements surrounding both
buildings. The $3.5 million IS In addition to $1,980,135 previously paid to TCC for site
Improvements associated with the Health ProfeSSions Building. The site Improvements
consist of utilities, sidewalks, parking, and street lights at least five feet from the building
that will be compatible with the LEED certified Operation Smile Headquarters. If site
Improvement costs total more than $3.5 million, it will be Operation Smile's
responsibility to pay for the additional costs.
Additional land IS needed for these two sites to be Incorporated Into the eXisting higher
education campus at Pnncess Anne. Accordingly, Old Dominion Unrversity ("ODU") has
agreed to convey approximately 2.8 acres of land (onglnally conveyed to ODU by the
City for the JOint ODU/Norfolk State Higher Education Center) for the purpose of
allOWing the City to convey thiS land to Operation Smile and TCC
In exchange for ODU's accommodation, the City will convey to ODU an Option to
acquire by dedication the land that IS now leased from the City by the Southeastern
Public Service Authority (SPSA), In the event the land ceases to be used for munrclpal
solid waste collection purposes
SPSA has agreed to amend the lease agreement with the City to allow approXimately
1 1 acres of City property that SPSA currently leases to be removed from the leased
area and conveyed to Operation Smile.
. Public Information: Advertisement of Public Heanng In The VirgInian-Pilot;
Advertisement of City Council Agenda.
. Alternatives: Identify other sites for Operation Smile.
. Recommendations: Approve the dedication of approXimately 18 acres of
property to Tidewater Community College and Operation Smile and authonze
certain transactions necessary for the dedication of such property
. Attachments: Ordinance
Operation Smile Summary of Terms
Tee Term Sheet
Location Map
Recommended Action: Approval
Submitting Department/Agency: Department of Management Services c:}?D,
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1 AN ORDINANCE (1) DECLARING CERTAIN PROPERTY
2 EXCESS AND AUTHORIZING THE CITY MANAGER TO
3 CONVEY SAME TO OPERATION SMILE, INC. AND
4 TIDEWATER COMMUNITY COLLEGE, (2) ACCEPTING
5 PROPERTY FROM OLD DOMINION REAL ESTATE
6 FOUNDATION, (3) AUTHORIZING THE EXECUTION OF A
7 DEVELOPMENT AGREEMENT AND RELATED
8 DOCUMENTS WITH OPERATION SMILE, INC., AND (4)
9 GRANTING AN OPTION TO ACQUIRE CITY PROPERTY TO
10 OPERATION SMILE, INC. AND THE OLD DOMINION REAL
11 ESTATE FOUNDATION
12
13 WHEREAS, the City of Virginia Beach (the "City") owns approximately fourteen (14)
14 acres of real property (the "Onginal City Property") located at the corner of Faculty
15 Boulevard and South Rosemont Road In the City of Virginia Beach, adjacent to Tidewater
16 Community College ("TCC");
17
18 WHEREAS, on December 11,2001, City Council adopted a term sheet (the "TCC
19 Term Sheet") that recognized the City's partiCipation in the expansion of TCC and
20 contemplated the conveyance of the Original City Property to TCC;
21
22 WHEREAS, the Old Dominion Real Estate Foundation ("ODU") has agreed to
2 3 convey to the City approximately 2.8 acres of land adjacent to the Onginal City Property
24 (the "ODU Property") for the purpose of allOWing the City to re-convey the ODU Property to
25 TCC and Operation Smile, Inc. ("Operation Smile") as described below;
26
27 WHEREAS, In consideration for the ODU Property, the City will grant ODU an option
28 to acqUire by dedication a portion of City property currently leased by the Southeastern
29 Public Service Authority ("SPSA") in the event such property IS no longer used for
3 0 mUnicipal solid waste collection purposes;
31
3 2 WHEREAS, to further support the Operation Smile World Headquarters, the City will
3 3 grant to Operation Smile an option to acquire by dedication the remaining portion of the
3 4 City Property currently leased to SPSA In the event such property IS no longer used for
35 mUnicipal solid waste collection purposes and if Operation Smile uses that property in
36 furtherance of its charitable mission by expansion of its world headquarters;
37
38 WHEREAS, SPSA has agreed to release approximately 1 1 acres adjacent to the
39 Onglnal City Property (the "SPSA Leased Property") from the lease between the City and
40 SPSA dated December 14, 1987 (the "SPSA Lease") for the purpose of allOWing the City to
41 convey the SPSA Leased Property to Operation Smile as described below;
42
43 WHEREAS, the ODU Property, the SPSA Leased Property and the Onglnal City
44 Property compnse 18.03 acres, which land will be re-subdivlded Into two parcels to be
45 conveyed to Operation Smile and TCC (collectively referred to herein as the "City
46 Property");
47
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48 WHEREAS, TCC plans to expand its eXisting campus and develop its Health
49 Professions Building on a a.66-acre portion of the City Property (the "TCC Parcel");
50
51 WHEREAS, the City, TCC and Operation Smile have agreed that Operation Smile
52 will construct the Operation Smile World Headquarters Building on the remaining 9.373-
53 acre portion of the City Property (the "Operation Smile Parcel");
54
55 WHEREAS. In addition to constructing its World Headquarters Building,
56 Operation Smile has agreed to develop JOint programs with Tidewater Community College,
57 Old Dominion University and Norfolk State University to enhance the educational
58 expenence of the students In the local community and to work with the City's Department
59 of Economic Development and Media Communications Group to help promote both
60 Operation Smile and the City of Virginia Beach;
61
62 WHEREAS, the City onglnally promised to convey the Onglnal City Property to TCC,
63 and TCC has approved the conveyance of the Operation Smile Parcel from the City to
64 Operation Smile;
65
66 WHEREAS, on December 11,2007, the City Council adopted an Ordinance (ORD-
67 3005B) which transferred $3,500,000 to CIP 3-262 for site Improvements for TCC's Health
68 ProfeSSions Building and Operation Smile's World Headquarters Building and authOrized
69 the City Manager to execute a term sheet with Operation Smile for the dedication of the
70 Operation Smile Parcel to Operation Smile and the development and construction of the
71 Operation Smile World Headquarters Building;
72
73 WHEREAS, the City Council IS of the opinion that the Operation Smile ParcellS In
74 excess of the needs of the City of Virginia Beach and deSires to dedicate the Operation
75 Smile Parcel to Operation Smile for the development and construction of its Operation
76 Smile World Headquarters Building; and
77
78 WHEREAS, the City Council IS of the opinion that the TCC ParcellS In excess of
79 the needs of the City of Virginia Beach and deSires to dedicate the TCC Parcel to TCC for
80 the development and construction of its Health ProfeSSions Building.
81
82 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
83 VIRGINIA BEACH, VIRGINIA.
84
85 1 That the Operation Smile Parcel, as shown as "Parcel D2" on Exhibit A
8 6 attached hereto and Incorporated herein, IS hereby declared to be In excess of the needs
87 of the City of Virginia Beach and that the City Manager IS authOrized to convey the
88 Operation Smile Parcel to Operation Smile, Inc. on the terms and conditions set forth In the
89 attached Operation Smile Summary of Terms.
90
91 2. That the TCC Property, as shown as "Parcel D1 " on Exhibit A attached hereto
92 and Incorporated herein, IS hereby declared to be In excess of the needs of the City of
93 Virginia Beach and that the City Manager IS authonzed to convey the TCC Parcel to TCC
94 on the terms and conditions set forth In the TCC Term Sheet.
"II I
95 3. That the City Manager IS hereby authorized, on behalf of the City, to execute an
96 Agreement of Dedication, a Development Agreement and all other documents necessary
97 to carry out the dedication of the Operation Smile Parcel to Operation Smile, so long as
98 such documents are consistent with the attached Summary of Terms and such other terms
99 and conditions deemed necessary and sufficient by the City Manager and In a form
100 deemed satisfactory by the City Attorney
101
102 4 That the City Manager IS hereby authorized, on behalf ofthe City, to execute all
103 documents necessary to carry out the dedication of the TCC Parcel to TCC, so long as
104 such documents are consistent with the TCC Term Sheet attached hereto and
105 Incorporated herein and such other terms and conditions deemed necessary and sufficient
106 by the City Manager and In a form deemed satisfactory by the City Attorney
107
108 5. That the City manager IS hereby authorized, on behalf of the City, to accept the
109 conveyance of property from ODU, Identified as the "ODU Property" on Exhibit A attached
110 hereto and Incorporated herein, for the purpose of conveyance to Operation Smile and
111 TCC.
112
113 6. The City Manager, on behalf of the City, IS authorized to enter Into an Option
114 Agreement with ODU and Operation Smile, to acquire the City property described on
115 Exhibit A as Parcel2A (said property currently being leased by SPSA), with ODU receiving
116 approximately 7.5 acres and Operation Smile receiving approximately 3.5 acres, if the
=.1 7 property IS no longer used for mUnicipal solid waste collection purposes, provided such
118 Option Agreement IS consistent with the Summary of Terms and such other terms and
119 conditions deemed necessary and suffiCient by the City Manager and In a form deemed
=.20 satisfactory by the City Attorney
121
~..22
123
124
125
126
127
128
129
7 That the City Manager IS authOrized, on behalf of the City, to enter Into a
Lease Modification Agreement with SPSA to release 1 1 acres from the SPSA Lease,
provided such Lease Modification Agreement IS In accordance with all terms and conditions
deemed necessary and suffiCient by the City Manager and In a form deemed satisfactory
by the City Attorney
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
ReqUIres an affirmative vote by a majority of the members of the City Council.
I,
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorney's Office
CA10755
V:lappliCatlOnslcrtylawprodlcycom32\ WpdocslDO II 1P004\00066902.DOC
R-1
September 23, 2008.
I i I
OPERATION SMILE HEADQUARTERS - SUMMARY OF TERMS
A2reement of Dedication:
. OperatIon Smile to construct and maIntam headquarters building In return for
City's dedicatIon of property
. Property must be used solely for non-profit purposes consIstent WIth the mISSIon
of OperatIOn Smile
. 60-day "due diligence penod" to Inspect property
. Property purchased "as IS" and City gives no envIronmental warrantIes, etc.
. Settlement to occur followmg due diligence penod
. PartIes will enter mto Development Agreement, whIch will survIVe clOSIng
Development A2reement:
. Development: OperatIOn Smile to deSIgn and construct 65,000 square foot
headquarters building at ItS sole cost and expense; City must approve all
development plans
. Insurance: OperatIOn Smile must carry liability and casualty Insurance acceptable
to City
. Use: Property must be used solely for non-profit purposes conSIstent WIth the
mISSIon of OperatIOn Smile
. ReZOnIng: Operation Smile responsible for rezomng the property
. Reverter: (1) City has nght to take property back at no cost If constructIon not
commenced wIthm 36 months, or If constructIOn not completed wIthm 60 months;
(2) City has nght to take property back If property ceases to be used for non-profit
purposes conSIstent WIth the mISSIOn of Operation Smile, upon payment to
OperatIOn Smile of faIr market value of building
. Site Work: City to reImburse Operation Smile for SIte work located beyond five
(5) feet from the building penmeter up to an amount equal to the difference of
$3,500,000 mmus the amount paid to TCC for TCC's SIte Improvements - to be
paid monthly upon the City's receIpt of an InVOICe shOWIng actual SIte work costs
Incurred by OperatIOn Smile - OperatIon Smile responsible for all costs above
thIS "allowance"
o OperatIOn Smile must re-pay amount of SIte work allowance to City If City
exerCIses any reverter nghts
. Approval of Sale: City must approve any future sale of property by OperatIOn
Smile - City has nght to receIve pro-rata portIOn of sales pnce (based on value of
land) .
II
Option A2reements
. ODU and OperatIOn Smile to acqUlre portIOns of eXIstmg SPSA property only If
that property no longer used for mUnIcIpal solid waste collectIon purposes
. Property dedicated by City to ODU and OperatIon Smile at tIme of option
exerCIse
. OperatIOn Smile may only acqUIre property for purpose of expanSIOn of eXIstmg
world headquarters and contmuatIOn of non-profit mISSIon
. ODU to use property In furtherance of Its educatIOnal mISSIOn
,II I
TEAAI-SHEET
IMPLEMENTATION OF TIDEWATER COMMUNITY COLLEGE'S
STRATEGIC PLAN
Representatives of the City of Virginia Beach ("City") and Tidewater Community College
("TCC") have been discussing a possible partnership for Implementation ofTCC's Strategic
Plan for the Virginia Beach Campus. This Term-Sheet IS Intended to reflect the shared
understanding of both parties and their respective commitments and to update the 1996
Memorandum of Understanding between the City and TCC The Term-Sheet IS not
Intended to be a legally binding agreement, and all commitments outlined are subject to
City Council and the Commonwealth ofVirglma's ("Commonwealth") future approprration.
The policy Implications associated with this Term-Sheet are outlined In the attached Policy
Report that was presented to City Council on November 27,2001
1 City will proVide for site Improvements associated with a major Initiative for the
strategic plan of TCC as outlined In the attached Policy Report
2. TCC agrees to proVide, In a timely fashion and In a format suggested by the City,
its annual request for capital funding.
3. The approprration process ofthe Commonwealth Involves the appropnation offunds
for both maintenance and operation of the Virginia Beach Campus, and for
construction of its buildings. It is understood and agreed by TCC that the City shall
be bound and obligated hereunder only to the extent that funds shall be
appropnated and budgeted for particular projects pursuant to Article VII, Section 10
of the Constitution of Virginia and subject to appropnation by City Council.
4 The approprration process of the Commonwealth IS summarrzed In the biennial
budget bill. The blenmal budget bill tYPically provides, In pertinent part:
"Expenditure for land acquisition, site preparation beyond five feet from a
building, and the construction of additional outdoor lighting, sidewalks, outdoor
athletic and recreational facilities, and parking lots In the Community College
system shall be made only from appropnated Trust & Agency Funds, Including
local government allocations and appropnations, or the proceeds of
Indebtedness authonzed by the General Assembly. ."
5 Both parties agree to coordinate lobbYing efforts with the General Assembly
delegation and the new Governor for InclusIon In the State's capital program.
6. The City may proVide funding for site acquisition and site preparation beyond five
feet from the campus buildings proVIded that there are suffiCient funds approprrated
by the Commonwealth for the campus buildings for the purposes requested.
7 Because local funds may, conslstent.with the biennial budget bill, be approprrated
II
and allocated to the Trust and Agency Funds to be spent at TCC, both parties agree
that the State Board for Community Colleges, as provided In Chapter 16 of Title 23
of the Code of Virginia, IS the appropnate body to contract for the design and
construction of site Improvements five feet from the campus buildings. TCC will be
solely responsible for all legal and nsk management Issues associated with the
deSign, construction and operation of these facilities.
8. TCC will be responsible for ensunng that the deSign, construction, and Inspection
of site Improvements shall be performed In accordance with state procurement code
and state and local regulations.
9. TCC agrees to provide appropnate documentation to the City verifying that City-
provided funds were expended for the Intended purpose. ThiS documentation may
Include, but shall not be limited to, copies of bids, contracts, and final payments.
10. In furtherance of the City's plan for the Princess Anne Commons and TCC's
strategic and master plans, the City also agrees to use its best efforts to purchase
properties or obtain an option for the properties labeled as Parcel A, Parcel B,
Parcel C, Parcel E, Parcel F and Parcel G as outlined on a map entitled Tidewater
Community College (Appendix D map prepared by the City's Center for GIS).
11 Due to Imminent development potential, the City will use its best efforts to purchase
Parcel E dUring FY 2001-2002. With the adoption ofthls Policy ReportlTerm-Sheet,
City Council will be forwarded an Agenda Request/Ordinance appropnating funds
for thiS purpose. The City will use its best efforts to purchase Parcels F and G
dUring FY 2002-2003, and Parcels A, B, and C dunng FY 2003-2004.
12. Once the City acqUires title to anyone of the parcels enumerated above, the City
will effect a transfer of title to the State Board for Community Colleges. If funds are
not appropnated by the General Assembly within SIX years from the date title was
transferred to the State Board for Community Colleges by the City, the title may, at
the City's option, revert back to the City
13. If any parcel of property IS planned to be used for non-educational purposes, the
arrangements for transfer of its title shall be determaned collaboratively between the
City and TCC with a mutually agreed shanng of the subsequent revenue stream, if
any
14. Both parities agree that thiS Term-Sheet may be revised by mutual agreement, In
writing, as circumstances may dictate.
15. The follOWing schedule details the proposed timang of both party's funding:
II I
Proposed Schedule for TCC Improvements
r~-
i, I Future Total
Phase One I' Phase Two Phase Three
1 Costs Costs
_1_ __ I ~~ .--- -~ --.. ____n__
City Proposed Commitments - -1 - - - ------ - ---t---- r--------- - r~-~
t:~~-~~~~::::~~:~~:~sEF-an;j" G I--~-~-~~~l};~--~--=- -~- ~~=~==~-~~~=~:~=~ ~-~- -
~~t~~:~~~~:~e~~~P~~eIS ~__~,jrl..~_~__ _i~_-2,222.j35 +=~~- _ __.. __=_=~~~=~:_=-:---=====-==--~-..---
:~;.~:~:r,~~tcces~~ ~-=-=--- - -- -~-= ~~~:~~~ ,- -- ------~..-==---=---=~~===-~---=--=~-
" _ -Thinning Woodland------------, 10..0..,0..0..0.. i i
- ~~~9 Road.' -===--=--=--=---=-=---l~.QQ9-....:..--------- ___________~__
SCience Building 1,545,0..0..0..
Regional Heaifh -Science Center ~-Phase I ;- ---------- .----fsc)a;boci
Retrofit Older BuTIdings ~' 750..,0..0..6 ..----------------
-_ Leamlng Resource Center ExpanSion --- 588,0..0..0.. ,
Regional Health SCience Center - Phase II 80..0..,0..0..0..
I Workforce DevelopmentCenter--~ . I _ _' . _ ___~O<h..o..()_o..-r------
!T~~~~~~;:;I~.::~S"bii~l-,:::::+ }'2~'O~~~8OQ,0Q0 , _ "800'OOO~_~ ,899:418
j---Reglonal Health-Sclence-Center - Phase '--F ! -13,652jfooT-----------;----+-----
~~=~!~~~~n~J~:~t;n~~I~:~~nslon ===-F-7:512,o..6;114,a81'06(fT~--i---t-====.
~- RegiOnal Health SCience Center - Phase II - ----i-- ----I 8,642,0..0..0.. i ~-------
I-.~ _ _ _ ______u____ ___ _ _______u_______u_ _ -- 1____ _u -- _.____u ---__-- - - -- -- ------ --- ------------- - r- - .-- ______u_
1--~~r!t~:c~~~e:e,opme-ntCenter------ - ---------+--------~ 5,790..,0..0..0.. I 6,184,o..o..ot----..-------
c - ----- u___,,___ ------- ----subio/al --24~730,oooT- -27 .733,o..ao..u;n-14~432,o..o..O~ a4,Qo..tfT73)f7g,OOo..
Land Purchase figures are based on assessment data - actual appraisals will cause tlils cost to vary. Costs are m current-year
(2001) dollars and do not account for mflation.
Funded In current CIP
16. Both the City and TCC agree to meet and confer as necessary In furtherance of the
objectives expressed In thiS Term-Sheet.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance authonzlng execution of an Exchange Agreement with the United
States of Amenca to acqUIre 82 acres of land (Marshvlew) In exchange for
conveYIng a restnctive easement over 46.59 acres of City-owned land In the ITA
(GPIN 1483-58-0100)
MEETING DATE: September 23, 2008
. Background: The City Council of the City of Virglnra Beach has authorized and
funded CIP 9-060, the Oceana and Inter-Facility Traffic Area AcqUIsition Program (the
"Program"), for acquIsition of property surrounding Oceana and In the Inter-Facility
Traffic Area ("ITA");
Pursuant to the Program, the City acqUIred a 46.59-acre parcel of land on Indian
River Road In Virglnta Beach, Virglnra (GPIN 1483-58-0100, formerly 1483-48-9053),
on May 15, 2007 for $1,167,570, (the "ITA Property");
As authonzed by Ordinance 30008 adopted by the City Council of Virginia Beach
on September 25, 2007, the City entered mto a Multi-Year Agreement with the United
States of Amenca, Department of the Navy (the "Navy") on September 27,2007 In the
Multi-Year Agreement, the Navy and the City agreed that the City would convey to the
Navy restnctive easements over property the City acquIres In the ITA, and the Navy
would pay faIr market value of the easement up to 50% of the City's acqUIsition cost of
each ITA property (the "Encroachment Partnenng Agreement");
Pursuant to the Encroachment Partnenng Agreement, the Navy seeks to convey
to the City, In fee, surplus property the Navy owns In Virginia Beach, comprising 82
acres, more or less, and generally known as "Marshvlew" (the "Marshvlew Property"),
subject to certaIn use restnctions limiting the property to park use, In exchange for a
restnctive easement on the ITA Property (the "ITA Easement"); and
· Considerations: The City's Outdoors Plan, its gUidance document for open
space acqUIsition and outdoor recreation plannrng, recommended the Marshvlew
Property be acqUIred for a future public park. Marshvlew IS one of the largest tracts of
undeveloped land at the Oceanfront and IS convenrently located between the
neighborhoods of Lands End, Salt Marsh Pomt, Seatack, and Shadowlawn on Lake
Rudee. The City has been In diSCUSSions with the Navy since the early 1990s on the
potential use of the site for public recreational purposes. The Marshvlew site would
meet public needs by provIding a unrque upland, waterfront park property for Virginia
Beach resIdents.
. Public Information: PrevIous adoption of ORD-3000B authorizing Multi-Year
Agreement; Advertisement In The VirgInian-Pilot Beacon, and Advertisement of Council
Agenda.
. Recommendations: Approve the Ordinance and authorize the exchange
. Attachments: Ordinance, Marshvlew Location Map, Summary of Terms, City
Easement Location Map
Recommended Action: ~ '" /k
Submitting Department/Agency: Parks & Recreation rw
City Manager:~ t :c:ell""'!. .
,II I
1 AN ORDINANCE AUTHORIZING EXECUTION
2 OF AN EXCHANGE AGREEMENT WITH THE
3 UNITED STATES OF AMERICA TO ACQUIRE
4 82 ACRES OF LAND (MARSHVIEW) IN
5 EXCHANGE FOR CONVEYING A
6 RESTRICTIVE EASEMENT OVER 46.59
7 ACRES OF CITY-OWNED LAND IN THE ITA
8 (GPIN 1483-58-0100)
9
10 WHEREAS, the City Council of the City of Virginia Beach has
11 authonzed and funded CIP 9-060, the Oceana and Inter-Facility Traffic Area AcqUisition
12 Program (the "Program"), for acquisition of property surrounding Oceana and In the
13 Inter-Facility Traffic Area ("ITA");
14
15 WHEREAS, pursuant to the Program, the City acqUired a 46.59-
16 acre parcel of land on Indian River Road In Virginia Beach, Virginia by Deed dated
1 7 March 23, 2007 and recorded In the Clerk's Office of the Circuit Court of the City of
18 Virginia Beach, Virginia as Instrument No. 20070515000660610 for $1,167,570 (the
19 "ITA Property") generally known as GPIN 1483-58-0100 (formerly 1483-48-9053);
20
21 WHEREAS, as authonzed by Ordinance 3000B adopted by the City
22 Council on September 25,2007, the United States of Amenca, Department of the Navy
23 (the "Navy") and the City entered Into a Multi-Year Agreement on September 27,2007,
24 In which the Navy and the City agreed that the City would convey to the Navy restnctive
25 easements over property the City acquires in the ITA, and the Navy would pay fair
26 market value of the easement or 50% of the City's acqUisition cost of the ITA properties
27 (the "Encroachment Partnenng Agreement");
28
29 WHEREAS, the Encroachment Partnenng Agreement IS funded by the
30 Navy with $3 million and land the Navy owns and deems surplus, which IS available for
31 exchange for an eqUivalent value In restnctive easements, pursuant to 10 U.S.C. 92869;
32
33 WHEREAS, the Navy seeks to exchange surplus property the Navy owns
34 In Virginia Beach, compnslng 82 acres, more or less, and generally known as
35 "Marshvlew" and more particularly described In the Summary of Terms (the "Summary
3 6 of Terms") attached hereto as Exhibit A and made a part hereof (the "Marshvlew
3 7 Property"), to be conveyed In fee Simple, subject to certain reserved use restnctions, In
38 exchange for a restnctive easement on the ITA Property (the "ITA Easement"); and
39
4 0 WHEREAS, the City Council finds that it IS In the best Interests of the City
41 to acqUire the Marshvlew Property from the Navy In order to construct and maintain a
42 public park pursuant to the City's Outdoors Plan and for other related public purposes,
43 and In exchange will convey to the Navy the ITA Easement.
44
45 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
46 OF VIRGINIA BEACH, VIRGINIA.
II
47
48
4 9 1 That the City Manager IS hereby authonzed to execute an
50 Agreement for the Exchange of Real Property Interests with the United States of
51 Amenca In substantial conformance with the Summary of Terms, with such other terms,
52 conditions or modifications as may be satisfactory to the City Manager and In a form
53 deemed sufficient by the City Attorney; and
54
55 2. That the City Manager IS hereby authonzed to execute any
56 documents necessary to effect the terms of the Agreement for the Exchange of Real
57 Property Interests, Including (a) executing a Grant of Easement for the ITA Easement In
58 substantially the same form attached to the Encroachment Partnenng Agreement, and
59 (b) accepting a Quitclaim Deed from the Navy for the Marshvlew Property with such
60 restnctions as set forth In the attached Summary of Terms.
61
62 ThiS ordinance shall be effective from the date of its adoption.
63
64 Adopted by the Council of the City of Virginia Beach, Virginia, on the
65 day of ,2008.
66
67
68 APPROVED AS TO CONTENT
~~ ~t..) 0-. bt\.lj<ili~QqllC-IO\(]
71 Public Works 0 oJ 0
CA10747
APPROVED AS TO CONTENT
V :lapplicauons\crtylawprodlcycom32\ WpdocslD004\PO03\OOO63964.DOC
R-1
September 12, 2008
~'0
~
Recreation
APPROVED AS TO LEGAL
SUFFICIENCY
.
/{~ldy,Q
"II I
I EXHIBIT A
SUMMARY OF TERMS
MARSHVIEW EXCHANGE
CITY - U.S. EXCHANGE AGREEMENT
FOR MARSHVIEW PROPERTY
Parties:
United States of America, acting by and through the Commanding
Officer, Naval Facilities Command, Mid-Atlantic, and
City of Virginia Beach
Transaction: The U.S. will exchange the Marshvlew Parcels for the ITA
Easement, each as described below
Property'
Marshvlew Parcels:
Approximately 82 acres of undeveloped land located east of
Birdneck Road and the Salt Marsh POint neighborhood In the City
of Virginia Beach, depicted In the location map attached hereto as
"Exhibit to Summary of Terms" and made a part hereof.
GPINs:
2417-63-8556; 2417-73-1546; 2417-63-8455; 2417-73-0186; 2417-73-4027;
2417 -72-1866; 2417-72-4866; 2417-82-0890; 2417-62-5690; 2417-62-9740;
2417-72-4771, 2417-72-9577; 2417-62-5475; 2417-62-8462; 2417-72-4423;
2417-72-9477; 2417-62-5179; 2417-62-8177; 2417-72-4128; 2417-72-9178;
2417-61-5907; 2417-61-8978; 2417-71-5918; 2417-61-7659; 2417-71-3734,
2417-71-4742; 2417-71-4942; 2417-71-9838; 2417-81-0879; 2417-81-1611,
2417-81-2549; 2417-81-3504; 2417-81-3407; 2417-81-8250; 2417-81-7439;
2417-81-7518; 2417-81-6663; 2417-73-6469; 2417-62-1142; 2417-81-1567;
2417-81-6320; 2417-81-7377; 2417-81-5865; 2417-81-6078
Exchange: The Marshvlew Parcels will be conveyed to the City by Quitclaim
Deed in exchange for a restrictive easement over City-owned
property located In the ITA. The City property to be subject to the
easement IS located on Salem Road and was acquired by deed
dated March 23, 2007, and recorded In the Clerk's Office of the
Circuit Court of the City of Virginia Beach as Instrument No.
20070515000660610 (hereinafter, the "ITA Easement").
The ITA Easement will be conveyed In the form of the Grant of
Easement preViously agreed to by the Parties, which was attached
as an exhibit to the Multi-Year Agreement By and Between the
United States of America and City of Virginia Beach, executed
September 27, 2007
Purchase
Pnce:
like-kind exchange of Marshvlew Parcels for the ITA Easement.
1
II
Use Restnctions
on Marshvlew
Parcels:
The deed conveYing the Marshvlew Parcels to the
City will reserve to the United States a perpetual easement
and nghts as follows:
1 Restricted Uses. All uses and activities, except for Limited Recreational Uses as defined herein, are
prohibited. The term "limited Recreational Use" shall Include all passive recreational uses and permitted
active recreational uses as follows:
a. Passive Recreational Use. The term "Passive Recreational Use" means leisure activities such as, but
not limited to, walking, Jogging, hiking, wildlife observation, children's play areas, dog parks, general
public recreation, fishing and the use of non-motorized watercraft, such as canoes and kayaks.
b. Permitted Active Recreation Use. The term "Permitted Active Recreational Use" means recreational
activities, such as practices and non-programmed participation, In ball field and court sports by the
general public; non-motorized, wheeled activities, such as skateboarding, rollerblading/skating and
bicycling.
2. Activities and Uses Expresslv Prohibited. The authorized use of the Property, described In Paragraph
1 above, shall not Involve any of the following:
a. Human Habitation: Human habitation, Including but not limited to, temporary accommodations such
as cabins, trailers, recreational vehicles, and tents.
b. Programmed Activities: Team play or spectator sports, where the publiC IS Invited to view sporting
activities such as games. Team practices and "pick up" games are permitted as a Permitted Active
Recreation Use.
c. Visual Hazards: Activities of any type that produce smoke, glare or other Visual hazards; however,
charcoal grills are permitted.
d. Encouragement of Concentrations of Birds: Activities of any type that encourage concentrations of
birds, such as bird feeding stations and ponds.
e. Dumolng: Other than trash cans necessary to serve particIpants In limited Recreational Use, the
dumping of garbage IS prohibited. This Includes, but IS not limited to, landfills, disposal, composting,
recycling, burying, storage, or processing of garbage or waste materials.
f. Other Prohibited Uses: Golfing; horseback riding; recreational campgrounds or marinas.
3. Improvements and New Construction. Construction or Improvements to the Property are prohibited
except those necessary for or InCidental to Limited Recreational Use as defined In herein. The follOWing
reqUirements and prohibitions apply to Limited Recreational Use construction and Improvements:
a. HelQht Restrictions. The erection, construction, Installation, alteration of any structure, building, or
other edifice extending above 35 feet above sea level IS prohibited. Trees shall not extend more than
150 feet above sea level.
b. Lighting Prohibited. External lighting IS prohibited. ThiS Includes, but IS not limited to, lighted
baseball or softball fields; lighted tennis courts; lighted basketball courts; lighted recreation areas; and
lighted football or soccer fields.
2
II I
c. Permitted Improvements Incident to Limited Recreational Use. Improvements and/or buildings
necessary for or inCidental to Limited Recreation Use as defined In Paragraph 1, are permitted, Including
but not limited to the following:
I. picnic shelters;
ii. gazebos, such as covered overlooks;
iii. playgrounds;
IV dog parks;
v skate parks;
VI. benches;
vii.water fountains;
viii. charcoal grills;
IX. fences and restrooms;
x. trails, walkways, vehicular access roads;
XI. parking areas;
xii.plers for fishing and non-motonzed watercraft;
xiii. park management, maintenance and storage facilities; and
XIV Installation of public utilities, storm water management facilities and water
control structures are permitted to a scale that are deSigned and constructed only to
serve the Improvements that are permitted as listed above or otherwise control
flooding on the subject Property.
d. Meetinq Places are orohibited. The follOWing Improvements are prohibited:
I. Clubhouses, meeting places, auditonums, classrooms, game bleachers and
Similar facilities, except that small-scale bleachers for parents to view practices are
perm itted;
ii. public utility substations;
iii. public dredging operation staging areas;
IV borrow pits;
v watershed;
VI. water reservoirs;
vii.storm water management facilities and water control structures other than as
noted In paragraph 3(c);
viii. fish hatchenes or man-made ponds.
The U,S. shall have the nght, by and through their agents and employees, to enter the
Property at all reasonable times, with forty-eight (48) hours' pnor notice to the Grantee, and for
the purposes of determining compliance with the terms of thiS Instrument.
3
I,
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WAlnlt P.CRAVf5.JR., ClARENa R.GRAVfS,W1lllAM AGAAVES,
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A RESOLUTION TO DEVELOP AN ENVIRONMENTAL SUSTAINABILlTY
PROGRAM KNOWN AS "GO GREEN VIRGINIA BEACH: THE SUSTAINABLE
VIRGINIA BEACH INITIATIVE"
MEETING DATE: September 23,2008
. Background: Clay BernIck provIded an mformation bnefing concernmg the
VirginIa MUnicIpal League (VML)'s Go Green VirgInia Government Challenge at the
August 26, 2008 City Council Bnefing sessIon. The Challenge IS Intended as a fnendly
competition among VML member local governments to encourage the Implementation
of specific envIronmental policIes and practical actions that not only reduce carbon
emISSIons, but can save local governments money The mitiative, endorsed by the
VML's Executive Committee, recognizes that the Commonwealth's communities need to
take Innovative steps to reduce energy usage and promote sustamability
As of August 22, 68 out of 208, or 33% of VML member Junsdictions representing 44%
of the state's population, were particIpating In the competition. As of August 22, 12 of
16 VML member local governments m Hampton Roads were particIpating, representing
49% of the total VML particIpant population. These efforts mirror other efforts
nationwIde, where well 500 cities are Involved In some form of sImilar sustamability
programs activity The VML Go Green Challenge consists of 11 Categones of actions,
30 Action Areas, and a grand total of 200 Possible POints. At the direction of the Office
of the City Manger, the Department of Planning's EnvIronmental Management Center
has Informally created a Sustalnability AdVISOry Team (SAT) that has been compiling
data for sconng for each category and action area. The SAT has Included
representation from citizen volunteers, the Green Ribbon Committee, the JOint Energy
Committee, Schools, other City Departments Including the Convention and Visitors
Bureau, Finance, Management Services, Parks and Recreation, and Public Works.
Results are to be submitted to VML by September 30. The SAT will provide its package
for the Challenge to City Council before submittal to VML. Work on thIS effort has shown
the need for an ongoing group to continue to Identify and recommend mitiatives that will
advance the City's sustalnability efforts for the long term, and to track progress and
report on opportunities on a regular basIs.
One of the VML Challenge categones looks for local government adoption of a formal
policy to work towards development of a sustamability plan and to reaffirm City support
for the U S. Conference of Mayors Climate Protection Agreement. Mayor Oberndorf
sIgned the U S. Conference of Mayors Climate Protection Agreement m 2005.
. Considerations: As the City looks beyond accomplishing the Initial objective of
accepting the VML Go Green Government Challenge and submitting its scorecard
package for this year, the effort has shown several things that are worthy to note and
build upon. First, the review of eXisting efforts has helped assemble and document the
widespread efforts that the City has undertaken or IS currently Involved In undertaking to
better protect the environment and its natural resources, and its long-standing
commitment to conservation. Second, the documentation that IS being collected will
help to reinforce the Natural resources and Environmental Protection areas of the
upcoming Comprehensive Plan Update and will help Identify new goals and objectives
for the City, with strong community input. Third, the overall effort and Informal Input
from the SAT work group has helped to focus a desire to continue to Identify low- to no-
cost measures to help Improve the City's performance In each of the 11 VML Go Green
Challenge Categones (example - Wind power generation zomng ordinance
amendments) to benefit the City and its citizens.
Collectively, thiS effort and ethiC will help Virginia Beach to become better recogmzed as
a leader and an example In the region, state and nation of a sustainable community It
will also allow the City to begin a focused effort to market Virginia Beach as a location
for promoting educational and economic development that IS sustainable for the City,
and recruiting businesses that export sustainable goods (services, products, programs
and Ideas). Formal establishment of thiS effort will allow for the City to begin to
formalize its Widespread "green" Initiatives In a sustalnability framework as IS happening
In other cities throughout the nation.
. Recommendations: Adoption of the attached resolution to (1) accomplish one
of the VML Challenge categones, (2) Indicate City commitment to work towards
development of a sustalnability plan, and (3) to reaffirm City support for the U S.
Conference of Mayors Climate Protection Agreement.
. Attachments: Resolution
Recommended Action: Approval
Submitting Department/Agency: Planmng Department
City Mana . )L _~~
"II I
1 A RESOLUTION TO DEVELOP AN ENVIRONMENTAL
2 SUSTAINABILlTY PROGRAM KNOWN AS "GO GREEN
3 VIRGINIA BEACH: THE SUSTAINABLE VIRGINIA BEACH
4 INITIATIVE"
5
6 WHEREAS, a sustainable city with a high quality of life that meets the SOCial and
7 economic needs of its current and future citizens, employees, visitors, and business
8 community, while maintaining and Improving the quality of its natural environment IS
9 Important to Virginia Beach's citizens, economy, and future;
10
11 WHEREAS, the City of Virginia Beach IS committed to protecting the health and
12 welfare of its current and future citizens, employees, visitors, and business community
13 and preserving the environment through the responsible management of resources and
14 sound environmental practices;
15
16 WHEREAS, the City of Virginia Beach IS focused on both environmental
17 compliance through a comprehenSive Environmental Management Program and
18 environmental sustalnability;
19
20 WHEREAS, the City of Virginia Beach IS supportive of and reaffirms its
21 commitment to and participation with the U.S. Conference of Mayors Climate Protection
22 Agreement, as Signed by the Honorable Mayor Meyera E. Oberndorf on behalf of the
23 City on June 13, 2005;
24
25 WHEREAS, the City of Virginia Beach IS committed to actively engaging the
26 community to promote and encourage environmental sustalnability efforts;
27
28 WHEREAS, the City of Virginia Beach has adopted numerous policies In the
29 ComprehenSive Plan that support environmental sustalnability through natural resource
30 management, open space preservation, air quality, climate protection, and water quality;
31
32 WHEREAS, the City of Virginia Beach IS committed to pursuing the adoption of
33 appropriate green building practices through administrative directives, Including
34 continUing its membership In the United States Green Building Council (USGBC) which
35 administers the Leadership In EnVironmental and Energy DeSign (LEED) certification
36 program and other green building programs;
37
38 WHEREAS, the City of Virginia Beach IS Implementing energy and water
39 conservation measures and other conservation Initiatives;
40
41 WHEREAS, the City of Virginia Beach IS a partiCipant In the Virginia MUniCipal
42 League (VML) Green Government Challenge, with a goal to become a "certified" Green
43 Government;
44
II
45 WHEREAS, the City of Virginia Beach has been desIgnated as a "Tree City USA"
46 for the past 28 years and IS In the process of creating an Urban Forest Management
47 Plan for the City;
48
49 WHEREAS, the City of VirgInia Beach IS Initiating efforts to reduce carbon
50 emiSSions and Improve air quality through the use of hybnd vehIcles and other clean
51 technologIes as well as Implementation of an Anti-Idling Policy for City employees;
52
53 WHEREAS, the City of Virginia Beach IS a "Keep Amenca Beautiful" affiliate; and
54
55 WHEREAS, the City of VirgInia Beach actively partiCIpates In national, state and
56 regional environmental and sustalnability Initiatives and will continue to support these
57 efforts.
58
59 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
60 VIRGINIA BEACH, VIRGINIA.
61
62 That through a process of monitonng and continuous Improvement, the City will
63 maintain a comprehensive EnvIronmental Management Program and develop an
64 Environmental Sustalnability Program that will:
65
66 · Meet or exceed applicable state or federal regulatory reqUIrements and proVide
67 for penodic compliance revIews of City-owned operations and properties;
68
69 · Create a Sustalnability Plan for the City of Virginia Beach to be presented to
70 City Council by December 31, 2009. The Plan will establish 1, 5, and 10 year
71 sustalnability targets as well as establish Initiatives deSIgned to reach the targets
72 set out In the Plan; and
73
74 · Create a penodic report entitled "The State of Virginia Beach's EnVironment" In
75 order to document the Implementation status of the Sustalnability Plan and other
76 environmental Initiatives.
77
78 BE IT FURTHER RESOLVED by the Council of the City of VirgInia Beach,
79 Virginia, that the City Manager shall establish a Sustalnability AdVISOry Team, In order
80 to oversee and coordinate these efforts within the City organization and with the
81 community, and to promote, Implement, oversee, recommend, and track sustainable
82 practices and activities.
Adopted by the Council of the City of VirginIa Beach, VirgInia, thiS _ day of
,2008.
IIII
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
~-
CA 10866
R.,.2
September 12, 2008
II I
~
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-..........
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution ApproVing the Proposed Issuance of Revenue Bonds by the
Southeastern Public Service Authority of Virginia
MEETING DATE: September 23,2008
. Background: The Southeastern Public Service Authority of Virginia (SPSA) IS
planning certain capital Improvements, some of which are located In the City of Virginia
Beach (see Exhibit A). SPSA Intends to finance a portion of the capital costs In the
amount of $13,500,000 with the Issuance of its Revenue Bonds. State law requires that
SPSA receive approval for the financing from the governing bodies of the localities In
which the Improvements to be financed are located.
. Considerations: SPSA has provided a package to the City on this finanCing,
Including a letter from their bond counsel Indicating that the City's approval will allow
SPSA to Issue tax exempt bonds. In 2005 and 2007, the City gave similar approval to
SPSA for all of SPSA's facilities located In the City ThiS Issuance provides $401 ,000
for projects In Virginia Beach. The Issuance of these bonds does not affect the City's
debt program and IS not Included In the overall debt of the City.
. Public Information: SPSA held a public heanng on these bonds on September
15, 2008. Public notice of the heanng was provided on August 29, 2008, and
September 5, 2008. Public notice also will be provided through the normal Council
agenda process.
.
Attachments:
Resolution
Exhibit A-Tax Exempt Improvements In Virginia Beach
Letter from Executive Director
Memorandum from SPSA's Bond Counsel
Fiscal Impact Statement
Recommended Action: Approval
Submitting Department/Agency: Finance~4t
City Manager:~ 'K. qg~
"II I
1 A RESOLUTION OF THE CITY COUNCIL OF VIRGINIA
2 BEACH APPROVING THE PROPOSED ISSUANCE OF
3 CERTAIN REVENUE BONDS BY THE SOUTHEASTERN
4 PUBLIC SERVICE AUTHORITY OF VIRGINIA, A PORTION
5 OF THE PROCEEDS OF THE BONDS TO BE USED TO
6 FINANCE OR REFINANCE FACILITIES LOCATED IN THE
7 CITY
8 WHEREAS, the Southeastern Public Service Authority of Virginia (the
9 "Authority") anticipates making certain capital Improvements and Intends to finance or
10 refinance such capital Improvements through the Issuance of one or more Issues of
11 revenue bonds In an aggregate pnnclpal amount up to $13,500,000 (the "Tax-Exempt
12 Bonds") which bonds will finance or refinance the facilities described In Exhibit A, all or
13 a portion of which are or may be located within the City of Virginia Beach (the "City")
14 (the ''Tax-Exempt Improvements");
15
16 WHEREAS, under the Internal Revenue Code of 1986, as amended, pnor to the
17 Issuance of the Tax-Exempt Bonds, the Authority must hold a public heanng and
18 receive governmental approval of the Issuance of the Tax-Exempt Bonds;
19
20 WHEREAS, such governmental approval can, by virtue of the location of certain
21 of the Tax-Exempt Improvements within the City, be given as to such Improvements by
22 the City;
23
24 WHEREAS, Section 15.2-4906 of the Code of Virginia, 1950, as amended (the
25 "Local Approval ProVIsion"), requires that, if certain authorities created pursuant to law
26 In Virginia hold a public heanng In accordance with federal law as a prerequisite to
27 undertaking a tax-exempt finanCing, such authorities must receive approval for the
28 financing from the governing bodies of the localities In which the Improvements to be
29 financed are to be located;
30
31 WHEREAS, the Authority IS an authority subject to the Local Approval ProvIsion;
32
33 WHEREAS, on September 15, 2008, the Authority held a public heanng (the
34 "Heanng") regarding the Issuance of the Tax-Exempt Bonds pursuant to a notice of
35 public heanng published twice, on August 29, 2008 and September 5, 2008, the last
36 such date being not less than SIX days after the second publication of such notice;
37
38 WHEREAS, the Authority has provided to the City Council the follOWing: (i) a
39 reasonably detailed summary of the comments, if any, expressed at the Heanng; (ii) a
40 fiscal Impact statement concerning the Tax-Exempt Bonds In the form specified In
41 Section 15.2-4907 of the Code of Virginia; and (iii) the Authority's request and
42 recommendation that the City Council approve the Issuance of the Tax-Exempt Bonds;
43
44 WHEREAS, failure of the City Council to adopt thiS Resolution may result In the
45 Authority's Issuance of taxable debt to finance the Tax-Exempt Improvements;
I,
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
WHEREAS, the City's approval of the Tax-Exempt Bonds will In no way (1)
Increase the City's liability with respect to any of the City's obligations under any
agreement or contract with the Authority, or (2) constitute any amendment or
modification of any such agreement or contract; and
WHEREAS, the City Council has determined to approve the Issuance of the Tax-
Exempt Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA.
1 The City Council hereby approves the Issuance by the Authority of the Tax-
Exempt Bonds.
2. This Resolution shall take effect Immediately
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2008.
day of
Approved as to Content:
Approved as to Legal
Sufficiency'
,:;;t~~u (}~
Department of Finance
~~oJ:-
CA 10854
R-3
September 11, 2008
2
"II
Exhibit A
Tax-Exempt Improvements
located in
the City of Virginia Beach, Virginia
Improvement
LocatIOn
ReplacIng two pIckup trucks, one flatbed
delivery truck and one forklift
The sanItary landfill located at 1991 Jake
Sears Road, Virglma Beach, VirginIa
Station fence, upgrade of tIppIng floor, The Oceana Transfer StatIon located at 2025
retammg walls and hopper for tIppIng floor and VirginIa Beach Boulevard, VirgInIa Beach,
for tlppmg floor building VirgInIa
3
NY I 6726088v,1
I,
RegIOnal Office
723 Woodlake Dnve, Chesapeake, V A 23320
phone: (757) 420-4700 fax: (757) 424-4133
www.spsa.com
Mr. James K. Spore
City Manager
City of VirgInIa Beach
MUnIcIpal Center
VirgInIa Beach, V A 23456-9099
-----
August 28, 200~ "Ji,~ ~,,: ,:----:-..--:-h_;:.=_,
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--"'"----~-..
Re~: Tax-E~empt Revenue Bonds by SPSA (TEFRA-Tax EqUIty and Fiscal Responsibility Act)
Dear .fltlre:
Th SA Board of DIrectors has expressed Its mtentIon to Issue certam tax-exempt revenue bonds
up to $13.5 million to finance a portion of Its FY 2009 CapItal Improvements Program
(approxImately $26.1 million 10 total). State and federal law requITes SPSA to conduct a public
heanng and to vote publicly pnor to Issuance of the tax-exempt bonds.
In additIon, the law also reqUIres approval from each respective local governmg body m WhICh any
of the capItal projects are proposed to be financed with proceeds from the tax-exempt bonds.
Followmg public notIce, SPSA will convene the reqUIred public heaTIng on September 15, 2008.
No public heanng IS requIred by the lOdivIduallocalities. The SPSA Board expects to approve the
financmg at Its next regular meeting on September 24, 2008.
Because a portIon of the proceeds will be used to finance certam capital expenditures m ViTgtma
Beach, It IS necessary for your Council to approve the financmg. We ask that your Council
authonze the adoptIOn of the attached resolutlOn m support of the Issuance of the tax exempt bonds
as noted above and herem.
Please be aware that SPSA's Board has approved Its FY2009 Capital Budget. ThIS resolutton
relates only to tax exempt financmg for certam of those approved capItal expenditures. If you were
to deCIde to not approve thIS ResolutIon, the capItal expenditures will still be made and the
financmg will still proceed, but the portion devoted to the VirgmIa Beach capItal expenditures
would have to be financed as a "taxable" bond Issue, at a hIgher cost to the SPSA member
COmmUnItIes. Accordingly, because It reduces the expense of borrowmg, It IS clearly m all
members' best mterest to approve the resolution.
Appended IS a draft form of the resolution for your City Council, along WIth a fiscal Impact
statement, certificate of adoptIOn of resolutIon, and a memorandum from SPSA's bond counsel
explammg the TEFRA process.
Please do not heSItate to contact us should you have any questions or concerns.
Attachments
BOARD OF DIRK TORS
(w;.?AJ'f.t\i<E
Bryan l C"lhns
fflA.~_~1'J
Barry Chea,ham
!$IJ: Qf.'>M9J:fT
James B, Brown..!,
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Donald l Wilhams
CWIlR.'"IAN
P9RTIlM9)JT1;1
Ray A Smith, Sr
Vlc:E -CHA1!l.MAi'-i
IiQ1..J'1'JMMPT9!'J CQt;Nll'
Dallas 0 Jones
liYfJ'OJX
Leroy Bennett
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Michaelj. Barrett
~W!1Y.I; PIE!'Q9R.
Rowland L Taylor
SPSA
P.O. 80x lj4b
Chesapeake. VA 2J)1O-IJ4b
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SID'i~EY]
MEMORANDUM
TO.
City of Chesapeake
City of Norfolk
City of Portsmouth
City of SuffiJlk
City of VirgInJa Beach
Southampton County
Isle of Wight County
City of Franklin
Frank RobInson
August 26, 2008
cc
FROM:
DATE.
As bond counsel to the Southeastern Public ServIce Authonty of VirgInia, I am provIding
the followmg background for SPSA's request that each of the SIX addressees, where portIons of
certam proposed FY2009 capital Improvements to SPSA's Disposal System are located, grant
the "host approval" reqUired by federal and state law The particular capital Improvements m
SPSA's approved capItal budget for Its FY2009, located or to be located In your commul1ltleS
and Included as part of SPSA's "DIsposal System," are described In Exhibit A to the suggested
fOlm of proceedings provided to you. CapItal Improvements to SPSA's Power Plant cannot be
tinanced with tax-exempt debt (because It does not meet the detll1ltlon of a "solid waste t~lcilityl..
or a functlOnall y related and subordinate annex thereto).
Virglllla law [Va. Code S 15.2-4906 and -4907) and the Treasury regulatIOns relatlllg to
the so-called TEFRA~ approval process were deSIgned pnrnarily to assure that Issuers, wIthout
elected ofticlals (such as mdustnal development authontIes), of mdustnal development bonds
could not authonze such bonds before recelvmg mput trom a public heanng and approval of the
elected otticwls 111 the commuOlttes where the facililies were to be located (host approval).
Because SPSA receives slgl1lficant revenue pursuant to more than one-year contracts wIth
pflvate enttlles such as the Untted States Navy and VirgmJa Power, SPSA' s bonds are pnvate
activIty bonds subject to the TEFRA approval process If the mterest thereon IS to be tax-exempt.
The Virgl1lla statute also reqUIres that SPSA provIde you, at the same ttlne you consider
adoptIOn of the proposed resolution grantmg TEFRA approval, With an "unpaet'. statement and
an extract of the testImony from the public heanng SPSA IS scheduled to hold on September 15
I SectIOns 14 J (e)( I) and 142(a)(6), Internal Revenue Code of 1986, as amended.
~ The a\.:Tonym for the Tax EqUIty and Fiscal Responsibility Act of 1984. TEFRA Imposed lhe public heanng and
hosl approval reqUIrements on whal were then "industnal development bonds" and are now called "pnvate actIvity
bonds'. See IRe scellon 147(0(2) and the regulatIons thereunder.
II
SIDIj~YI
The Impact statement IS appended. A summary of the comments of anyone who appears and
speaks at SPSA's public heanng on September 15 will be funushed you unmediately atter the
heanng.
As you consIder adoptIon of the suggested resolution, please understand that 'the
consequence of your adoptton of the requested resolutIOn (TEFRA approval) IS that SPSA may
finance the DIsposal System Improvements m your commumty on a tax-exempt baSIS. Your
tailure to approve will cause SPSA to mclude such Improvements WIth ItS Power Plant
Improvements In the taxable borrOWIng that does not reqUIre TEFRA approval.
If, hypothetIcally, one commumty that IS host to capItal Improvements that cost $500,000
declined to provIde the TEFRA approval reqUIred for SPSA to Issue tax-exempt bonds for such
Improvements, and the cost were Instead to be financed WIth taxable bonds and amortIzed WIth a
tour-year average life, SPSA, and the applicable localities through theIr hpplllg fees, would pay
an additIOnal $40,000 In Interest expense on the taxable bonds (assumlllg a 2% spread between
SPSA's tax-exempt and taxable borrowmg rates).
The proceedings that SPSA IS provIding to you are closely modeled on those you were
provIded III the fall of 2007, when each of SPSA's host localitIes gave approval for SPSA's
capItal Improvements 111 Its community and thereby enabled SPSA to Issue $25,145,000 of Its
bonds for Its FY2008 capItal program on a tax-exempt baSIS.
SPSA will greatly apprecIate your adoptIng the suggested resolutIon on or pnor to
September 23, 2008. The SPSA Board expects to conSIder a resolutIOn on September 24, 2008
that will authonze (A) taxable bonds for the Power Plant Improvements and any Improvements
to the DIsposal System for WhICh host approval IS not tImely receIVed and (B) tax-exempt AMT
bonds for the Improvements to the DIsposal System for whIch host approval IS tImely receIved.
If you have any questIOns respectmg SPSA's proposed financlIlg, please feel free to
contact Walt Hunter, the CFO of SPSA. If your attorneys have any questIOns respectlllg the
suggested form of your resolutIOn, please ask them to call me at 212-838-5323.
2
NY) 6725926v,2
"II
FISCAL IMPACT STATEMENT
August 27. 2008
Applicant:
Southeastern Public ServIce Authonty
MaxImum amount of financll1g sought:
2. EstImated taxable value of the facility's
real property to be constructed 111 the
locality'
3. Estnnated real property tax per year usmg
present tax rates:
4. EstImated personal property tax per year
uSll1g present tax rates:
5 EstImated merchants' capItal tax per year
uSll1g present tax rates:
$26.750,000 (ApproXImately $964,956 for
projects 111 Chesapeake, $575,095 t()r projects
111 Norfolk, $15,864,000 tor projects 111
Portsmouth, $89,000 for projects 111
Southampton Co., $8,161,500 for projects 111
Suffolk and $40 1,000 for projects In Virgmla
Beach)
Total projects equal $26,055,551 plus cost of
Issuance to be mcluded.
N/ A (The Authority's facilities are exempt
from real property taxatIOn)
NI A (The Authority's facilitIes are excmpt
from real property taxatIOn)
NI A (The Authonty's tacilitles are exempt
from real propcl1y taxatIOn)
NI A (The Authonty's facilitIes are exempt
from rcal propeI1y taxatIon)
6. a. EstImated dollar value per year of
goods that will be purchased trom
VirgJJlIa compames wlthm the locality- N! A
b. EstImated dollar value per year of
goods that will be purchased from
nOI1- VirgInia compames wlthm the
NY I 6 7~59~9v I
locality N/A
C. EstImated dollar value per year of
servIces that will be purchased from
Virglllla compal11es wlthll1 the
locality- N/ A
d. Estimated dollar value per year of
servIces that will be purchased trom
11011- Virglllla compal11es with the
locality N/ A
7 Estimated number of regular employees
on year round basIs:
467
8. Average annual salary per employee:
$43,627
Respectfully submItted,
SOUTHEASTERN PUBLIC SERVICE
AUTHORITY OF VIRGINIA
By
Rowland Taylor, Executive Director
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A RESOLUTION ENDORSING THE ELIZABETH RIVER PROJECT 2008
WATERSHED ACTION PLAN AND SUPPORTING THE GOALS AND VISIONS OF
ELIZABETH RIVER RESTORATION AND CONSERVATION
MEETING DATE: September 23,2008
. Background:
Marjorie Mayfield Jackson, Executive Director of the Elizabeth River Project (ERP),
gave a presentation on the ERP's Watershed Action Plan Update 2008 at the
September 2,2008 City Council Briefing. The Action Plan update IS the result of nearly
eight months of effort Involving a large and diverse group of stakeholders to establish a
VISIon for continUing efforts to restore the Elizabeth River watershed, an effort the City
has been Involved In since 1996. To facilitate development of the Action Plan update, a
Summit took place on November 5-6,2007 and served as the offiCial kick-off to the
process of drafting an updated Watershed Action Plan. In response to thiS presentation
and the request for City participation In thIS process, City Council member Harry Diezel
and Staff Member Clay Bernick served as members of the Watershed Action Team
JOIning more than 100 other diverse stakeholders representing organizations and
Interests from across the regIon. The Action Team conducted research, planning efforts,
and community outreach projects dUring the course of the Plan Update, and follOWing
over 8 months of Intensive effort, the Action Plan IS now being taken to the
organIzations represented by the Action Team for theIr offiCial endorsement. The Plan
was unveiled to the public at an event on September 15, and the actual document will
be made available to the public at a RiverFest event scheduled to take place on
September 27th In celebration of "the River of the Future."
The Action Plan establishes a senes of ambitious goals and actions to continue the
tremendous progress that has already been made towards the ultimate goal of making
the Elizabeth River fishable and sWimmable while sustaining a viable economy The
Action Plan complements many of the Water Quality and Natural Resource policies that
are contaIned withIn the City's Comprehensive Plan. The Action Plan also supports
many of the efforts that the City has participated In for a number years, such as the
Elizabeth River Restoration Project partnership with the Elizabeth River Project, the
Cities of Chesapeake, Norfolk and Portsmouth, the Hampton Roads Planning Distnct
CommIssion, the Commonwealth of Virginia, and the United States Army Corps of
Engineers to assIst /n sediment clean up and wetland restoration.
. Considerations:
II
As the City has recently Initiated work on updating the Comprehensive Plan, the work
embodied In the Watershed Action Plan Update 2008 will prove Invaluable to the
recommendations being developed for the Elizabeth River watershed within the City
likeWise, many of the recommendations for the Elizabeth River watershed In the update
to the City's Outdoors Plan are also reflected In the Action Plan Update. The public
participation process for the Comprehensive Plan will afford an opportunity to review the
Action Plan's recommendations with City residents, and reflect a more holistic approach
to solving water quality Issues In thiS portion of the City
. Recommendations:
Adoption of the attached resolution to Indicate City partnership with other cities and
organizations towards accomplishing a shared VISion for the future of the Elizabeth
River watershed.
. Attachments:
Resolution
Recommended Action: Approval
Submitting Department/Agency: Planning Department
City Manage~ y.. .~~
,II I
1 'A RESOLUTION ENDORSING THE ELIZABETH RIVER
2 PROJECT 2008 WATERSHED ACTION PLAN AND
3 SUPPORTING THE GOALS AND VISIONS OF ELIZABETH
4 RIVER RESTORATION AND CONSERVATION
5
6 WHEREAS, the Elizabeth River Project IS a nonprofit organization dedicated to
7 restoration and conservation of the Elizabeth River to the highest practical level of
8 environmental quality through comprehensive studies, development of action plans and
9 Implementation of solutions;
10
11 WHEREAS, the Elizabeth River Project has formed partnerships and alliances
12 with community members, bUSinesses, and local, state and regional government
13 agencies;
14
15 WHEREAS, the City of Virginia Beach has demonstrated an ongoing
16 commitment to work with the Elizabeth River Project In achieVing its goals of restoring
17 wetlands and habitat, Improving water quality and removing tOXIC sediments from the
18 river bottom;
19
20 WHEREAS, In 1998 the City of Virginia Beach began its partnership with the
21 Elizabeth River Project, the Cities of Chesapeake, Norfolk and Portsmouth, the United
22 States Army Corps of Engineers and the Commonwealth of Virginia to assist In
23 sediment clean up and wetland restoration;
24
25 WHEREAS, the Elizabeth River Nature and Canoe Trail at Carolanne Farms
26 Neighborhood Park has been deSignated a "River Star" by the Elizabeth River Project,
27 recognizing the City's contribution to maintaining the environmental Integrity of the area;
28
29 WHEREAS, the Elizabeth River Project has recently completed the 2008 update
30 to its Watershed Action Plan through a participatory process Including over one hundred
31 stakeholders, which encompasses many goals Important to the City of Virginia Beach,
32 Including continued wetlands restoration along the Eastern Branch and proViding
33 educational and participatory opportunities for citizens, bUSinesses and community
34 organizations;
35
36 WHEREAS, the City of Virginia Beach participated In the development, and
37 supports the vIsion and objectives of The River of the Future, Elizabeth River
38 Restoration and Conservation, A Watershed Action Plan.
39
40 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
41 VIRGINIA BEACH, VIRGINIA.
42
43 That the City hereby endorses The River of the Future, Elizabeth River
44 Restoration and Conservation, A Watershed Action Plan, a copy of which IS attached
45 hereto, and supports the actions and solutions therein to restore and conserve the.46 Elizabeth River
I,
Adopted by the Council of the City of Virginia Beach this _ day of
,2008.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
JRdl:f':~J&J
CA 10865
R-2
September 12, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Resolution for City Council to endorse the report of the City of
Virginia Beach Housing and Neighborhood Preservation Plan, and
direct City staff to develop proposals for the implementation of its
recommendations.
MEETING DATE: September 23, 2008
. Background: City Council was briefed on the Housing and Neighborhood
Preservation Plan on September 2nd, and public comment was received on September
9th ThiS resolution formalizes Council's direction to staff to develop proposals that
Implement portions of the plan.
. Considerations: Staff will develop, with citizen Involvement, specific proposals
for each action item In the report. Council will have the opportunity to review indiVidual
proposals and approve or modify them. ThiS resolution does not commit the Council to
any specific action or expenditure.
. Public Information: The follOWing public Involvement opportunities have
already taken place regarding thiS report: The report was publicized and discussed at
two Planning commiSSion meetings (July and August). A town hall meeting was held In
August; City Council was briefed on September 2nd and held a public Input opportunity
on Sept 9th ThiS IS conSidered to have proVided suffiCient notice and opportunity to the
public so that further action beyond the normal council agenda advertisement IS not
necessary
. Alternatives: Without thiS action, staff will not have the direction needed to
develop specific proposals for conSideration.
. Recommendations: Adopt the resolution.
. Attachments: Resolution; Housing and Neighborhood Preservation Plan
Recommended Action: Approval
Submitting Department/Agency: D I
City Manage~~ ~ '
ent of Housing and Neighborhood Preservation
I'll I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
A RESOLUTION FOR CITY COUNCIL TO ENDORSE THE
REPORT OF THE CITY OF VIRGINIA BEACH HOUSING
AND NEIGHBORHOOD PRESERVATION PLAN AND
DIRECT STAFF TO DEVELOP PROPOSALS FOR THE
IMPLEMENTATION OF ITS RECOMMENDATIONS
WHEREAS, m September 2005, City Council adopted a resolution directing the
Planning Commission to examine and study the City's eXisting Development
Ordinances and recommend amendments In regard to "helping to preserve the
character and value of neighborhoods and housing and assist In their preservation and
enhancement;"
WHEREAS, the January 2007 report of the Workforce Housing Subcommittee
contamed the followmg recommendations:
. Establish tax Incentives for owners of eXisting housing that promote
remvestment;
. Establish gUidelines for housing renovation that are tailored to
indiVidual neighborhoods;
. Establish a "deSign center" that provides design and related assistance
to owners and builders In order to promote and Incentivlze renovation
that IS compatible with eXisting neighborhood character and design;
. Provide mformation, gUidance, help In obtalntng finanCing and design
assistance to residents who wish to renovate their housing; and
. Insure that capacity eXists to preserve neighborhood quality on an
ongoing basIs In all neighborhoods-adopt a Comprehensive
Neighborhood Revitalization Strategy;
WHEREAS, the Planning Commission Subcommittee on Preservation
(Preservation Subcommittee) was convened In January 2008 to research and develop
these recommendations;
WHEREAS, the Preservation Subcommittee has met regularly since that time
and has prepared an In-depth Report on a Housing and Neighborhood Preservation
Plan (Report) (a copy of which IS attached to thiS Resolution);
WHEREAS, the recommendations In the Report address the types of tools and
enhancements that could be Implemented to promote and provide Incentives for the
voluntary Improvement of housing that preserves and enhances quality housing and
neighborhood character m addition to a collaborative process for neighborhood
preservation and Improvement on an ongoing, sustainable basIs;
WHEREAS, on August 13, 2008 the Planntng Commission endorsed the Report
and forwarded it to City Council for its consideration; and
46 WHEREAS, the Preservation Subcommittee requests that the City Council
47 endorse the Report and direct City staff to develop proposals for Implementation of its
48 recommendations.
49
50 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
51 OF VIRGINIA BEACH, VIRGINIA.
52
53 That the City Council endorses the concepts contained In the Report on a
54 HOUSIng and NeIghborhood Preservation Plan, attached hereto, and directs City staff to
55 develop proposals to Implement its recommendations.
Adopted by the City Council of the City of VirgInia Beach, VirginIa, thiS
day of , 2008.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
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City Attorney's Office
CA 10842
R-3
August 27,2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Request a Modification to the Virginia Board of Corrections
Construction Standards for CIP # 3-441 "Corrections Center Addition III/Building
Maintenance & Landscape Relocation"
MEETING DATE: September 23, 2008
. Background: The Virginia Beach Sheriff's Department IS responsible for the
care and custody of persons placed In the Virginia Beach Correctional Center Due to
Increased Inmate population, the City, approved an addition to the Corrections Center
Construction began In September 2002 and was completed In August 2005. Included In
this project were renovations to the eXIsting facilities, which were completed In 2007
This project was approved for 25% State reimbursement In the amount of $11,302,695
on December 17, 2001 Procedures for reImbursement require that deficiencies
Identified by the Department of Corrections be addressed In advance of the formal
reImbursement request.
. Considerations: Dunng the construction phase of the addition, the Virginia
Department of Corrections noted that the use of flexible metal conduit to connect
lighting fixtures In the facility was inconsIstent with the Board of Corrections Standards.
This observation was made at a pOint when electrical rough-In was complete and the
facility was projected to open within three months. In order to comply with the
Standards at that pOInt, SIgnificant delays, considerable rework and Impact costs
assocIated with the change would have resulted. In addition, correspondence between
the DeSigner (DMJM) and the VirginIa Department of Corrections Indicated that
modifications to thIs Standard had been approved In the past. Additionally, the Sheriff's
Department does not consider liqUId-tight flexible metal conduit to be superior to flexible
metal conduit In terms of abuse resistance or potential for Inmate misuse.
. Public Information: Public Information will be handled through the normal
agenda process
· Recommendations: It IS requested that City Council ask for a Modification to
the State Board of Corrections Standard to allow flexible metal conduit to connect
lighting fixtures In lieu of liqUId-tight flexible metal conduit.
. Attachments: Ordinance
Recommended Action: Approval of Ordinance
Submitting Department/Agency: Department of Sheriff & Corrections
City Manage~ lL.~6+'L.
1 AN ORDINANCE TO REQUEST A MODIFICATION
2 TO THE VIRGINIA BOARD OF CORRECTIONS
3 CONSTRUCTION STANDARDS FOR CIP # 3-441
4 "CORRECTIONS CENTER ADDITION III/BUILDING
5 MAINTENANCE & LANDSCAPE RELOCATION"
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA.
9
1 0 That the City Council hereby requests a modification to the State Board of
11 Corrections minimum standards for planning, design, construction and reimbursement
12 of local correctional facilities to allow flexible metal electrical conduit be used In lieu of
13 liqUid-tight flexible metal conduit for all lighting whips within the secure perimeter of the
14 Virginia Beach Correctional Center's new addition.
15
16 Adopted by the Council of the City of Virginia Beach, Virginia on the
17 day of , 2008.
Approved as to Content:
Approved as to Legal
SuffiCiency'
19 ~fl.
Management Services
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CA 10862
R-3
September 15, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept a Grant for the Enforcement of Seat Belt Laws
MEETING DATE: September 23, 2008
. Background: The Virginia Department of Motor Vehicles has been awarding
grants to the Virginia Beach Police Department since the 1990s. The Seat Belt
Enforcement grant will be active from October 1, 2008, through September 30, 2009
Officers will use the funding for overtime needed for enhanced enforcement of seat belt
laws. This grant will also allow the purchase of speed detection devices and funding for
three traffic officers to attend the Annual Conference on Transportation Safety
. Considerations: The grant provides $51,570 of DMV funding and reqUires a
$10,314 match, which will be funded through the Police Department's overtime budget.
. Public Information: Public Information will be provided through the normal
Council Agenda process.
. Attachments: Ordinance
Recommended Action: Approval of Ordinance
Submitting Department/Agency: Police Department L C"H ffi Am::)
City Manager~ \L ~l!'I"'L
1 AN ORDINANCE TO ACCEPT A GRANT FOR THE
2 ENFORCEMENT OF SEAT BELT LAWS
3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA.
5 1 That $51,570 IS hereby accepted from the Virginia Department of Motor
6 Vehicles and appropriated to the Police Department's FY 2008-09 Operating Budget
7 for enhanced enforcement of seat belt laws, with estimated revenues Increased
8 accordingly
9
10 2. That $10,314 IS hereby transferred within the Police Department's FY 2008-
11 09 Operating Budget for the required match.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the
2008.
day
ReqUIres an affirmative vote by a majority of the members of City Council.
Approved as to Content:
Approved as to Legal SuffiCiency.
5)~~
Management Services
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City Attorney's Offic
CA 10859
R-2
September 12,2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept a Grant for the Enforcement of DUI Laws
MEETING DATE: September 23, 2008
. Background: The Virginia Department of Motor Vehicles has been awarding
grants to the Virginia Beach Police Department since the 1990's. The DUI Enforcement
grant will be active from October 1, 2008, through September 30, 2009 Officers will
use the funding for overtime needed for enhanced DUI enforcement and education. The
grant will also fund the purchase of speed detection deVices, breath test deVices,
equipment rental for the DUI Conference, and allow three traffic officers to attend the
National Highway Safety Conference.
. Considerations: The grant provides $67,930 of DMV funding and reqUires a
$13,586 match, which will be funded through the Police Department's overtime budget.
. Public Information: Public Information will be provided through the normal
Council Agenda process.
. Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Police Department L-e Ii ~ A-mT
CityManage~ t.~~
1 AN ORDINANCE TO ACCEPT A GRANT FOR THE
2 ENFORCEMENT OF DUI LAWS
3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA.
5 1 That $67,930 IS hereby accepted from the Virginia Department of Motor
6 Vehicles and appropnated to the Police Department's FY 2008-09 Operating Budget
7 for enhanced enforcement of DUI laws, with estimated revenues Increased
8 accordingly
9
10 2. That $13,586 IS hereby transferred within the Police Department's FY 2008-
11 09 Operating Budget for the required match.
of
Adopted by the Council ofthe City of Virginia Beach, Virginia on the
2008.
day
ReqUires an affirmative vote by a majority of the members of City Council.
Approved as to Content:
Approved as to Legal SuffiCiency'
jJ
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City Attorney's Office
CA 10860
R-2
September 12, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept State Funding for Children's Mental Health Services
MEETING DATE: September 23, 2008
. Background: The State has approved $70,000 In Child and Adolescent Services
Funds to fund one Mental Health clinical position to Increase the availability of
specIalized mental health services for children. ThIs request was mentioned as one
program receiving additional funding In the Agenda Request on the August 12, 2008
City Council Agenda. The position has already been approved; however, the funding
amount was Inadvertently left off the ordinance.
. Considerations: ThiS corrects the budget to accurately reflect the revenues and
costs assocIated with providing additional servIces In the Child and Adolescent Services
Program.
. Public Information: The use of funds was endorsed by the CSB at its July 31st
meeting, and public Information will be coordinated through the normal Council agenda
process.
. Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Human ServIces
City Manage~ )L · "'G3~
1 AN ORDINANCE TO ACCEPT STATE FUNDING FOR
2 CHILDREN'S MENTAL HEALTH SERVICES
3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA.
5
6 That $70,000 from the Virginia Department of Mental Health, Mental Retardation
7 and Substance Abuse Services IS hereby accepted and appropnated to the Department of
8 Human Services' FY 2008-09 Operating Budget to meet personnel and operating
9 requirements for new state regulations, with revenue from the commonwealth Increased
10 accordingly
of
Adopted by the Council of the City of Virginia Beach, Virginia on the
2008.
day
ReqUIres an affirmative vote by a majority of the members of City Council.
Approved as to Content:
Approved as to Legal SuffiCiency'
B~Q-
Management Services
~~l-
City Attorney's Office
CA10861
R-3
September 17, 2008
1.11
L. PLANNING
1. Applications for ConditIOnal Use PermIts:
a. CENTERVILLE BINGO, INC. re a bingo hall at 1920 Centerville Turnpike.
DISTRICT 1 - CENTERVILLE
DEFERRED
RECOMMENDA nON
August 12 and September 9,2008
APPROVAL
b. VIRGINIA BEACH INK re a tattoo studio at 612 Nevan Road.
DISTRICT 5 - L YNNHA VEN
DEFERRED
RECOMMENDATION
September 9, 2008
APPROV AL
1,1, 'I
3
VICE-MAYOR JONES:
Second.
MAYOR OBERNDORF:
Seconded by Mr. Jones.
for the quest1on?
Are we ready
CITY CLERK:
Mr. D1ezel be1ng absent, the vote lS
10 to 0 to defer th1S appl1cat1on for
one month.
COUNCILMAN DYER:
Thank you, Mr. R1chardson.
JOHN RICHARDSON:
Yes, sir.
Thank you.
(Whereupon, the d1Scuss1on of th1S matter was
concl uded. )
2
MAYOR OBERNDORF: Now, let's go back to
Blngo, Incorporated.
hall at 1920 Centervllle turnplke, Dlstrlct 1.
the Centervllle
It lS a blngo
CITY CLERK: Your Honor, we have Mr. John
Rlchardson representlng the
Appllcant. You have ten mlnutes, Mr. Rlchardson.
JOHN RICHARDSON:
Thank you, ma'am.
MAYOR OBERNDORF:
Mr. Rlchardson?
JOHN RICHARDSON:
Madam Mayor, how are you tonlght?
MAYOR OBERNDORF:
I'm well.
JOHN RICHARDSON: Members of Councll, I'm John
Rlchardson. I'm a local attorney.
Thls matter, I thlnk, should be deferred, request of Councll
Members, for a couple of weeks so we can meet wlth the ClVlC
Leagues. We haven't done that yet, and It makes some sense, I
thlnk, Your Honor.
COUNCILMAN DYER: Yes. Madam Mayor, we're convenlng a
Town Hall Meetlng of some of the
ClVlC Leagues In the Centervllle Dlstrlct for September 11th,
whlch Councll wlll be lnvlted to, and there were some concerns
by the Charlestowne Woods folks last year wlth some crlme
lssues In the area. And we Just thought It mlght be a good
ldea to brlng the cltlzens lnto the loop and maybe also have
the Pollce there, because, once agaln, If thls appllcatlon
goes through we want to make sure that we have adequate Pollce
protectlon for the folks that would be gOlng there. So, we
Just thought It would be In the best lnterests of all to have
a slt-down wlth the communlty.
JOHN RICHARDSON:
Yes, Slr.
MAYOR OBERNDORF:
Do you want to make a motlon?
COUNCILMAN DYER:
Yes.
month,
If we can defer thls for one
would that be acceptable,
Mr. Rlchardson?
JOHN RICHARDSON:
Yes, Slr.
COUNCILMAN DYER:
Thank you. And we'll have the Town
Hall Meetlng and take It from there.
MAYOR OBERNDORF:
Who seconded that?
'I 'I
1
VIRGINIA BEACH CITY COUNCIL
August 12, 2008
7:35 p.m.
FORMAL SESSION
CENTERVILLE BINGO, INCORPORATED
RE: APPLICATION FOR CONDITIONAL USE PERMIT
VERBATIM
CITY COUNCIL
Meyera E. Oberndorf, Mayor
Louls R. Jones, Vlce-Mayor
Wllllam R. DeSteph
Harry E. Dlezel
Robert M. Dyer
Barbara M. Henley
Reba S. McClanan
John E. Uhrln
Ronald A. Vlllanueva
Rosemary Wllson
James L. Wood
At-Large
Bayslde - Dlstrlct 4
At-Large
Kempsvllle - Dlstrlct 2
Centervllle - Dlstrlct 1
Prlncess Anne - Dlstrlct 7
Rose Hall - Dlstrlct 3
Beach - Dlstrlct 6
At-Large
At-Large
Lynnhaven - Dlstrlct 5
CITY MANAGER:
CITY ATTORNEY:
CITY CLERK:
James K. Spore
Leslle L. Lllley
Ruth Hodges Fraser, MMC
DEPUTY CITY CLERK
SARAH DEAL JENKINS, CMC
- 46-
Item V-K 3.d.
PLANNING
ITEM 579I1
Attorney John Richardson, represented the applicant and requested DEFERRAL to allow meeting with
the affected CivIc Leagues concerning the application
Upon motion by Councilman Dyer, seconded by Vice Mayor Jones, City Council DEFERRED thirty (30)
days until the City Council Session of September 9,2008, Ordinance upon application ofCENTERVILLE
BINGO, INC. for a Conditional Use Permit for a bingo hall.
ORDINANCE UPON APPLICATION OF CENTERVILLE BINGO, INC.
FOR A CONDITIONAL USE PERMIT FOR AN ASSEMBLY USE
(BINGO HALL)
Ordinance upon application of CENTER VILLE BINGO, INC. for a
Conditional Use Permit for an assembly use (bingo hall) on property
located at 1920 Centerville Turnpike, Umt 114A (GPIN 1455914345).
DISTRICT 1- CENTERVILLE
Councilman Dyer advised a Town Hall Meeting IS being convened with CiVIC Leagues In the Centerville
District to hear Citizen concerns, thus the request to Defer The Police will be In attendance to assure
adequate protection.
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley,
Vice Mayor LoUIS R Jones, Reba S. McClanan, Mayor Meyera E.
Oberndoif, John E. Uhrm, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay'
None
Council Members Absent:
Harry E. Dlezel
August 12, 2008
I I
I
- 32 -
Item V-K.2.a.
ITEM 58020
PLANNING
Upon motIOn by Vice Mayor Jones. seconded by Council Lady Wilson, City Council DEFERRED TO
September 23,2008, Ordinance upon application of CENTERVILLE BINGO, INC., re a bmgo hall at
1920 Centerville Turnpike:
ORDINANCE UPON APPLICATION OF CENTERVILLE
BINGO, INC. FOR A CONDITIONAL USE PERMIT FOR AN
ASSEMBL Y USE (BINGO HALL)
Ordinance upon applicatIOn of CENTER VILLE BINGO, INC for
a ConditIOnal Use Permit for an assembly use (bmgo hall) on
property located at 1920 Centerville Turnpike, Una 114A (GP1N
1455914345). DISTRICT 1 - CENTERVILLE
V otmg:
10-0 (By Consent)
.
Council Members Voting Aye:
William R. "Bill" DeSteph. Harry E. Dlezel, Barbara M Henley.
Vice Mayor LoUIs R. Jones, Reba S. McClanan. Mayor Meyera E.
Oberndorj John E. Uhrm, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Votmg NaY'
None
Council Members Absent:
Robert M Dyer
September 9, 2008
CENTERVILLE BINGO
Map B C-IO-ll C .ll B · 1
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CUI' - ;\,semhly Use (Bingo Hal/)
Relevant Information:
· Centerville District
· The applicant requests a Conditional Use Permit to allow use of a
currently vacant unit in this shopping center for an assembly use
(bingo hall).
· The applicant proposes to operate the facility two (2) days a week,
Saturday and Sunday.
· Adequate parking exists.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (11-0)
· There was no opposition. Consent agenda item.
"I 'I
ITEM: CENTERVILLE BINGO, INC. for a Conditional Use Permit for an assembly
use (bingo hall) on property located at 1920 Centerville Turnpike, Unit 114A (GPIN
1455914345). DISTRICT 1- CENTERVILLE
MEETING DATE: September 23, 2008
. Background:
The applicant requests a Conditional Use Permit to allow use of a currently
vacant 12,000 square foot unit in a 157,159 square foot shopping center for an
assembly use (bingo hall).
The Comprehensive Plan designates this area as a Primary Residential Area.
The land use planning policies and principles for the Primary Residential Area
focus strongly on preserving and protecting the overall character, economic value
and aesthetic quality of the stable neighborhoods located in this area.
This application was deferred by the City Council on August 12 and September
9.
. Considerations:
The applicant proposes to operate the facility two (2) days a week, Saturday and
Sunday, as permitted under Virginia regulations. The applicant anticipates 200 to
300 players at the facility. There will be two (2) employees on site dunng
operating hours. The two bingo operations closest to this proposal are located on
Columbus Street, approximately eight miles away, and In Chesapeake,
approximately five miles away. The applicant does not anticipate any conflicts
with those facilities.
There are 730 parking spaces. The proposed use and eXisting uses reqUire 763
parking spaces; thus, there is a deficiency of 33 parking spaces. Staff visits to the
site, however, Indicate that there are sufficient parking spaces available
throughout the day to support all of the uses in this center. Section 221(i) of the
City Zoning Ordinance allows the City Council to consider and approve a
Conditional Use Permit with deficiencies such as parking below the minimum if it
is determined that the deficiencies are offset by the proposal itself or by attached
conditions that ensure the proposal IS compatible to the surrounding area. It is
staff's conclUSion that the parking deficiency will not have any Impact beyond that
which currently exists on the site.
Centerville Bingo, Inc.
Page 2 of 2
The Planning Commission placed this item on the consent agenda because
proposed use is compatible to the others in the shopping center, the facility's
Impact IS minimized by beang operated only two days a week, and there was no
opposition.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve thiS request with the following conditions:
1. The applicant shall obtain all necessary building permits, anspections, and a
certificate of occupancy from the Building Official of the City of Virginia Beach
before a business license is issued.
2. The days of operation are Saturday and Sunday only.
. Attachments:
Staff Review
Disclosure Statement
Planmng CommiSSion Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting DeparbnentlAgency: PI,n~lng Department
City Manager: \L. ~~
'I 'I
Staff Planner' Faith Chnstie
CENTERVILLE
BINGO, INC
Agenda Item 21
July 9, 2008 Public Hearing
REQUEST:
Conditional Use Permit for an assembly use
(bingo hall)
ADDRESS I DESCRIPTION: 1920 Centerville Turnpike, Unit 114A
GPIN:
14559143450000
COUNCIL ELECTION DISTRICT:
1 - CENTERVILLE
SITE SIZE:
SITE: 15.407 ACRES
UNIT 12,000 SQUARE FEET
APPLICATION HISTORY: The application was deferred at the June 11, 2008 Planning Commission
meeting because the signs were not posted on the site.
The applicant requests a Conditional Use Permit to allow use
of a currently vacant unit In this shopping center for an
assembly use (bingo hall). The applicant proposes to operate the facility two (2) days a week, Saturday
and Sunday, as permitted under Virginia regulations. The applicant anticipates 200 to 300 players at the
facility. There will be two (2) employees on site dunng operating hours. The two bingo operations closest
to this proposal are located on Columbus Street, approximately eight miles away, and In Chesapeake,
approximately five miles away. The applicant does not antiCipate any conflicts with those facilities.
SUMMARY OF REQUEST
The submitted physical survey depicts a shopping center of 157,159 square feet and 730 parking spaces.
The proposed use and eXisting uses reqUire 763 parking spaces, thus there IS a defiCiency of 33 parking
spaces. Staff Visits to the site, however, Indicate that there are suffiCient parking spaces available
throughout the day to support all of the uses.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Shopping center
CENTERVILLE BINGO, INC.
Agenda Item 21
Page 1
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
· Retail shops / B-2 Community Business District
· Single-family dwellings / R-7.5 Residential District
· Single-family dwellings / R-7.5 Residential District
· Centerville Turnpike
· Retail commercial / B-2 Community Business District
NATURAL RESOURCE AND
CULTURAL FEATURES:
The majority of the site IS Impervious, as it IS developed with a shopping
center and parkmg lots. There do not appear to be any significant
environmental or cultural features on the site.
AICUZ:
The site IS In an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP):
Centerville Turnpike In front of the shopping center IS a four-lane divided minor suburban arterial. The
Master Transportation Plan (MTP) proposes a 145-foot nght-of-way with a bikeway. A Capital
Improvement Program (CIP) project IS slated for the construction of a four-lane diVided highway with a
bikeway and scenic buffer from Kempsville Road to the Chesapeake city line. The project IS requested
but not funded.
Kempsville Road IS a four-lane diVided minor urban artenal. The MTP proposes a 150-foot right-of-way
with a bikeway. There are no CIP projects scheduled for thiS nght-of-way.
The overall daily traffic generated for the entire shoppmg center IS anticipated to decrease slightly due
to the proposed use. Greater peak hour traffic, however, may result, depending upon the days and start
times for the bingo operation.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Centerville 18,379 ADT 12,500 ADT' EXisting Land Use"'-
Turnpike 6,748 ADT
Proposed land Use 3 -
Kempsville Road 36,037 ADT 1 32,700 ADT 1 6,667 ADT (91 AM
peak; 336 PM peak)
Average Dally Tnps
2 as defined by a shopping center
3 as defined by a shopping center with a bingo hall
WATER and SEWER: The site IS connected to City water and sewer
SCHOOLS: School populations are not affected by the request.
CENTERVILLE BINGO, INC.
Agenda Item 21
Page 2
,,!, 'I
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request with the conditions below.
Comprehensive Plan:
The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning
policies and principles for the Primary Residential Area focus strongly on preserving and protecting the
overall character, economic value and aesthetic quality of the stable neighborhoods located In this area.
The proposal IS In conformance with the Comprehensive Plan's recommendations for this area and IS
compatible with the adjacent residential neighborhood as well as the business areas.
Evaluation:
The request for a Conditional Use Permit for an assembly use (bingo hall) IS acceptable. While the site
will be slightly deficient In parking, the proposed use will only operate two days of the week, and the
majority of eXisting uses tend to be daytime users. Section 221 (i) of the City ZOning Ordinance allows the
City Council to conSider and approve a Conditional Use Permit with deficiencies such as parking below
the minimum if it IS determined that the deficienCies are offset by the proposal itself or by attached
conditions that ensure the proposal IS compatible to the surrounding area. It IS staff's conclusion that the
parking deficiency will not have any Impact beyond that which eXists on the site. The use, therefore, IS
compatible with eXisting uses In the center Staff recommends approval of the request subject to the
conditions listed below.
CONDITIONS
1 The applicant shall obtain all necessary building permits, Inspections, and a certificate of occupancy
from the Building OffiCial of the City of Virginia Beach before a business license IS Issued.
2. The days of operation are Saturday and Sunday only.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
CENTERVILLE BINGO, INC.
Agenda Item 21
Page 3
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PROPOSED s,,.E pLAN
CEN1ER\JILLE BINGO, INC.
Agenda \teIll 21
pagel
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PROPOSEO BUI\.OING E\.E'J ,,"{ION
CE.N1E.R\I\LLE. BINGO, \NC
p.,genda \tern 2
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CUP - A,semhly Use (Bingo Hal/)
1 3/25/08 Conditional Use Permit (Vocational school) Approved
2. 12/9/03 Rezoning (R-5D Residential to Conditional B-2 Approved
BUSiness) and Conditional Use Permit (Mim-
warehouses)
3. 5/8/07 Modification of Conditional Use Permit (Fuel sales Approved
and carwash)
4 7/1/03 Rezoning (B-2 BUSiness to Conditional A-24 Approved
Apartment)
5. 1/12/99 Conditional Use Permit (Fuel sales) Approved
ZONING HISTORY
CENTERVILLE BINGO, INC.
Agenda Item 21
Page 6
r "
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant IS a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1 List the applicant name followed by the names of all officers, members, trustees,
partners. etc. below: (Attach list if necessary)
\/ Centerv I lie f.:sinjOI ""Ulc.. r..l1ti( les yanlels J sole..
o(('JUf, ot;rec-tvr and ~lde(
2. List all businesses that have a parent-subsidiary' or affiliated business entiti
relationship with the applicant: (Attach list if l1ecessalY)
V~ i- B of Vir3,nJtiI 'Bear.J., ::L1c..
'VAr \lry 1=3~I~OI Ttlc-.
o Check here if the applicant IS NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner IS different from applicant.
If the property owner IS a corporation. partnership, firm, bUSiness, or other
unincorporated organization, complete the following:
1 List the property owner name followed by the names of all officers. members,
trustees, partners. etc. below: (Attach list if necessary)
/ vescI LLC
, (v1arjL
,
Garc.;a I sole- {l1e/lI ber
2. List all bUSinesses that have a parent-subsidiary' or affiliated bUSiness entity2
relationship with the applicant: (Attach list if necessary)
o Check here if the property owner IS NOT a corporation, partnership, firm,
bUSiness, or other unincorporated organization.
1 'J
, & . See next page for footnotes
Does an official or employee of the City of Virginia Beach have an Interest In the
subject land? Yes _ No ~
If yes, what IS the name of the official or employee and the nature of their Interest?
CondItional Use Permit Application
Page 9 01'0
ReVised 7'3:2007
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CENTERVILLE BINGO, INC.
Agenda Item 21
Page 7
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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
~ervlces: (Attach list if necessary)
'<JDM 'N. 'Kld1t!rdsofl; I~I 7e('v'iu~
V(V1I~ ~ blobAI eta I b:1ttde. reAl ~ate 5er"'U!.:>
, ,
1 "Parent-subsidiary relationship" means "a relationship that eXists when one
corporation directly or Indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act. Va.
Code 9 2.2-3101
~ "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 (ill) there IS shared management or control between the bUSiness
entities. Factors that should be conSidered In determining the eXistence of an affiliated
bUSiness entity relationship Include that the 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 entitles." See State and Local Government Conflict of Interests Act, Va. Code S
22-3101
CERTIFICATION: I certify thai 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 pubhc hearing according to the Instructions In thiS package The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating thiS application
~ 'lie '8it~
=
!
(~Idett~ Print Name
Print Name
Conditional Use Perllllt ApphcatlC'11
Page 10 ot 10
""Vised ;'J 2007
CENTERVILLE BINGO, INC.
Agenda Item 21
Page 8
;,11 II
Item #21
Centerville Bmgo, Inc.
ConditIOnal Use PermIt
1920 Centerville Turnpike, Umt 114A
DIstnct 1
Centerville
July 9, 2008
CONSENT
Joseph Strange: The next Item IS agenda Item 21, an applicatIOn of Centerville Bmgo,
Inc. for a ConditIOnal Use PermIt for an assembly use (bmgo hall) on property located at
1920 Centerville Turnpike, Umt 114A, Dlstnct 1, Centerville, wIth one conditIon.
Jamce Anderson: Welcome Mr. Richardson.
John Richardson: Madame ChaIrman, John Richardson. How are you?
Jamce Anderson: Good.
John Richardson: There needs to be an additIOnal conditIOn I'm told by the staff to our
applicatIOn. The one conditIOn IS acceptable, but the Planmng Department wants us to
proffer the hours of operatIon. We are gomg to operate thIS building on Saturday and
Sunday of each week, so that IS an additIOnal conditIon, that I believe we are reqUIred to
offer today Weare happy to do that.
Jamce Anderson: Because when you put the applicatlon m those two days had not been
decIded yet.
John Richardson: No ma'am. They are still a bIt up In the aIr, but we will have to come
back and modify that. My client IS III a locatIOn now, whIch may be temporary or It may
not. He has been there for several years. We had a fire and the property has been
modified. So he IS able to contmue to operate, but we're negotlatmg WIth the landlord. If
he has to close the locatIOn, he will operate Saturday and Sundays at thIS locatlon. Ifhe
IS able to mamtam, he will have come back and ask you to permIt to operate two other
days of the week.
Jamce Anderson: Saturday
John Richardson: Yes ma'am.
Joseph Strange: Is there any opposltlon to thIS matter bemg placed on the consent agenda
WIth two conditIOns? If not, the ChaIrman has asked Barry KnIght to reVIew thIS Item.
Barry KnIght: ThIS agenda Item 21, Centerville BIngo, Inc. The applicant requests a
ConditIonal Use PermIt to allow use of a currently vacant umt m thIS shoppmg center for
a bmgo hall. The applicant proposes to operate the facility two days a week as permItted
under VirgmIa regulatIons. And conditlon 2, as Mr. Richardson has Just stated, those
days are gomg to be Saturday and Sunday The applicant antIcIpates 200 to 300 players
Item #21
Centerville BIngo, Inc.
Page 2
at the facility There will be two employees on sIte dUrIng operatIOn hours. The
submItted physIcal survey depIcts a shoppmg of 150,000 square feet 730 parkmg spaces.
The proposed use and eXIstIng uses mdicate 763 parkmg spaces, so there IS a defiCIency
of33 parkmg spaces. The staffs VISIt to the SIte mdicated that thIs shouldn't be a
problem. It seems like thIS shoppIng center has been challenged of late, so there are
plenty of parkIng spaces. We thmk thIS an acceptable use and we haven't heard of any
concerns, so we have slated It for the consent agenda.
Joseph Strange: Thank you Barry Madame ChaIrman, I have a motIon to approve
agenda Item 21.
Jamce Anderson: A motion by Joe Strange and a second by Kathy KatsIas.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KATSIAS AYE
KNIGHT AYE
LIVAS AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 11-0, the Board has approved Item 21 for consent.
Jamce Anderson: Thank you. Thank you all for commg today
LAW OFFICE OF GARY C. BYLER, p.e.
Gary C. Byler. EsqUire
Sandra L. Sampson, EsqUire
_" C' - ] ) - ,; ~J '\ ; -
September 5, 2008
VIA FACSIMILE (757) 385-5669
&U.S.MAIL
Ruth Hodges Fraser, Clerk
Virginia Beach City Council
Municipal Center, Building # 1
2401 Courthouse Drive, Suite 234
Virginia Beach, V A 23456
RE: Virginia Beach Ink (GPIN 2407885484)
Dear Ms. Fraser:
I have been contacted by a small business owner in the Hilltop area of Virginia Beach
WIth a question regarding the applicatIOn of Virginia Beach Ink located at 612 Nevan Road in
Virgima Beach. They have requested a thirty (30) day delay In council action so they may learn
more about the application.
Thank you for your assistance in this matter. Should you have any questions, please do
not hesitate to contact my office.
Sincerely,
4.~
Gary C. Byler, EsqUlre
GCB:jae
Reph to Virginia Beach Office
505 S. INDEPENDENCE BOULEVARD. SUITE 201 . VIRGINIA BEACH. VIRGINIA 23452 . (757) 490-8094. FACSIMILE (757) 490-0414
CAPE CHARLES. VIRGINIA. (757) 331-4400
TOLL FREE (800) 566-0276
ganbvler@cavtel,net
II sms, nOURDON,
AIImN & lM, P.C.
ATTORNEYS AND COUNSELORS AT LAW
PEMBROKE OFFICE PARK - BUILDING ONE
281 INDEPENDENCE BOULEVARD
FIFTH FLOOR
VIRGINIA BEACH, VIRGINIA 23462-2989
September 8, 2008
JON M. AHERN
R. EDWARD BOURDON. JR.
JAMES T. CROMWELL
L. STEVeN EMMERT
JACQUELINE A. FINK
DAVID S. HOLLAND
KATEY KORSLUND
KIRK B. LEVY
O. JACKSON MOORE, JR.
JENNIFER D. ORAM.SMITH
HOWARD R. SYKES, JR.
TELEPHONE: 757-499-8971
FACSIMILE: 757-456-5445
Gary C. Byler, Esquire
Law Office of Gary Byler, P .C.
505 S. Independence Blvd.
Suite 201
Virginia Beach, Virginia 23452-1150
..
.,
Re: Applicatlon of Virginia Beach Ink for Conditional Use Permit for Tattoo Salon at 612
Nevan Road, Virginia Beach, VirgInia; City Council public hearing date: September 9,
2008
Dear Mr. Byler:
I am writing to acknowledge that you have requested that City Council defer the
above referenced application which was scheduled for public hearing and vote tomorrow
evening (September 9, 2008).
I want to make- certain that whomever your client is that they are aware that I am
more than willing to sit down and discuss with them any concerns they may have with
respect to the proposed land use within the existing strip center at 612 Nevan Road. In
addition, the property's landlord, Mr. Mark Gilbert is more than willing to join me in
meeting with your client, to discuss his or her concerns.
We have consented to a two (2) week deferral to the September 23, 2008 City
Council agenda for the purpose of making a reasonable effort to meet with your client and
resolve any concerns he or she may have.
I look forward to having the opportunity to answer any questions and discuss any
issues that you and/or your client may have with respect to this land use proposal.
With kind regards, I am
REBjr/arbm
cc: Ben Johnson
Karen Prochilo, Department of Planning
Councilman James 1.. Wood
Mayor Meyera E. Obemdorf
Vice Mayor Loms R. Jones
Councilman Bob Dyer
Councilwoman Reba S. McCIanan
Councilwoman Rosemary Wilson
Councilman Ron Villanueva
Councilman John E. Uhnn
Councilwoman Barbara M. Henley
Councilman Bill R. DeSteph
Councilman Harry E. Diezel
ConditionalUsePermitjVBInk/Byler_LtI'9.o8.08
"II 'I
- 35 -
Item V-K.2.c
ITEM 58022
PLANNING
Upon motron by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED to
September 23, 2008, Ordinance upon application of VIRGINIA BEACH INK for a ConditIOnal Use
Permit re a tattoo studio.
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH INK.
CONDITIONAL USE PERMIT (TATTOO STUDIO). 612 NEVAN
ROAD, LYNNHA VEN DISTRICT
Ordinance upon application of VIRGINIA BEACH INK. for a
Conditional Use Permzt (tattoo studio), 612 Nevan Road, (GPIN:
24078854840000).
LYNNHAVEN DISTRICT.
Votmg:
lO-O (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Dzezel, Barbara M Henley,
Vice Mayor LoUIs R. Jones, Reba S. McClanan. Mayor Meyera E.
Oberndorf. John E. Uhrm. Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay'
None
Council Members Absent:
Robert M Dyer
September 9, 2008
VIRGINIA BEACH INK
Relevant Information:
· Lynnhaven District
. The applicant requests a Conditional Use Permit to establish a tattoo
studio in a lease space of 1,200 square feet.
. The operation will consist of a store manager, two sales associates,
and up to six tattoo artists.
. The hours of operation will be 10:00 a.m. to 10:00 p.m., Monday
through Saturday, and from 12:00 p.m. (noon) to 8:00 p.m., on
Sunday
Evaluation and Recommendation:
· Planning Staff recommended approval
. Planning Commission recommends approval (10-0).
· Consent Agenda.
· No opposition.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: VIRGINIA BEACH INK, Conditional Use Permit (tattoo studio), 612 Nevan
Road, L YNNHAVEN DISTRICT.
MEETING DATE: September 23, 2008
. Background:
The applicant requests a Conditional Use Permit to establish a tattoo studio In a
lease space of 1,200 square feet on the proposed site. The operation will consist
of a store manager, two sales associates, and up to six tattoo artists. The hours
of operation will be 10:00 a.m. to 10:00 p.m., Monday through Saturday, and
from 12:00 p.m. (noon) to 8:00 p.m., on Sunday.
The City Council deferred this item on September 9.
. Considerations:
This proposal will be centrally located in a small strip center between a land
surveying business and hair salon. A nail salon occupies one end and a dry
cleaning business occupies the opposite end of the center. This request IS In
conformance with the City's Comprehensive Plan recommendations for the area.
The owner is required to comply with all Health Department regulations before a
business license can be obtained.
The Planning Commission placed this item on the consent agenda because the
use IS compatible with the surrounding land uses and there was no opposition to
the proposal.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the follOWing conditions:
1. The conditional use permit for tattoo establishment IS approved for a period of
one year with an administrative review every year thereafter.
2. A business license shall not be ISSUed to the applicant without the approval of
the Health Department for consistency with the provisions of Chapter 23 of
the City Code.
VIRGINIA BEACH INK
Page 2 of 2
3. No sign more than four (4) square feet of the entire glass area of the extenor
wall(s) shall be permitted on the windows. There shall be no other signs,
Including neon signs or neon accents, installed on any wall area of the
exterior of the building, windows, and lor doors.
4. The actual tattooing operation on a customer shall not be visible from any
public right-of-way adjacent to the establishment.
5. The hours of operation shall be 10:00 a.m. to 10:00 p.m., Monday through
Saturday, and from 12:00 p.m. to 8:00 p.m., on Sunday.
. Attachments:
Staff ReView
Disclosure Statement
Planning CommisSion Minutes
Location Map
Recommended Action: Staff recommends approval. Planning CommiSSion recommends
approval.
Submitting Department/Agency: Planning Department
City Manage . k ~lS0I.
VIRGINIA BEACH
INK
Agenda Item 22
August 13, 2008 Public Heanng
Staff Planner' Karen Prochilo
REQUEST:
Conditional Use Permit for tattoo studio,
I,ll 'I
ADDRESS I DESCRIPTION: Property located at 612 Nevan Road.
GPIN:
24078854840000
COUNCIL ELECTION DISTRICT.
5-LYNNHAVEN
SITE SIZE:
Site: 1,163 acres
Lease Area: 1,200 square feet
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to establish a
tattoo studio In a lease space of 1,200 square feet on the proposed site. The operation will consist of a
store manager, two sales associates, and up to SIX tattoo artists. The hours of operation will be 10:00
a.m. to 10:00 p,m., Monday through Saturday, and from 12:00 p.m. (noon) to 8:00 p.m., on Sunday.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Commercially developed site
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
. Retail! B-2 Community Business Distnct
. Across Industrial Park Avenue IS retail! B-2 Community
Business District
. Vacant property and office-warehouse! B-2 Community
Business District
. Across Nevan Road IS a bank! B-2 Community Business
District
NATURAL RESOURCE AND
CULTURAL FEATURES:
The majority of the site IS Impervious, as it IS developed with a structure
and parking lot. There are no significant natural resources or cultural
features associated with thiS site.
VIRGINIA BEACH INK
Agenda Item 22
Page 1
AICUZ:
The site IS In the Greater than 75 dB Ldn AICUZ surrounding NAS
Oceana. The proposed use IS compatible with this AICUZ.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Laskin
Road In the VIcinity of this site IS a four-lane divided major arterial. Laskin Road has a variable Width
right-of -way, and the Master Transportation Plan shows a divided roadway with a bikeway and an
ultimate right-of-way Width of 160 feet. First Colomal Road In the VIcinity of this site IS a four-lane divided
major arterial. First Colomal Road has a variable Width right-of-way, and the Master Transportation Plan
shows a divided roadway with a bikeway and an ultimate right-of-way Width of 100 feet. There are
currently no Capital Improvement Program projects scheduled for these segments of Laskin Road and
First ColOnial Road.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Nevan Road / EXisting Land Use .t._
Three-lane local No traffic counts available for Nevan Road. 640 ADT
collector Proposed Land Use 3 -
Laskin Road 30,970 ADT' 17,300 ADT 1900 Peak 421 ADT
1,357 PM Hour (Level of Service "C")
Peak Hour 27,300 ADT 1 1430 Peak
Hour (Level of Service "Dn)
- Capacity
31,700 ADT 11650 Peak
Hour (Level of Service "En)
First ColOnial 43,269 ADT 17,300 ADT 1 900 Peak
Road 1,654 PM Hour (Level of Service "cn)
Peak Hour 27,300 ADT 1 1430 Peak
Hour (Level of Service "D")
- Capacity
31,700 ADT 1 1650 Peak
Hour (Level of Service "En)
Average Dally Tnps
2 as defined by 1.163 acres zoned B-2
3 as defined by 11 Peak Hour entenng based on 9,500 square feet retail center (includes proposed 1,200 square feet tattoo studio)
WATER and SEWER: This site IS connected to City water and sewer
FIRE DEPARTMENT: No Fire Department comments at this time.
POLICE: No additional comments at this time.
HEALTH DEPARTMENT: The owner of the proposed tattoo studio must secure a permit from the Health
Department prior to beginning operation.
VIRGINIA BEACH INK
Agenda Item 22
Page 2
I,ll 'I
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of thiS request with the conditions below.
Comprehensive Plan:
The Comprehensive Plan Map designates thiS area of the city as Strategic Growth Area 7 - Hilltop/North
Oceana Area. The Comprehensive Plan Identifies the First Colonial Road corndor from 1-264 to Hilltop
and Laskin Road through the Hilltop area as an area that IS considerably undeveloped. The plan
recommends non-residential uses because of the Influence of AICUZ high nOise In thiS area. Special
attention should be paid to quality site and building design, Including signs, to Increase the overall
attractiveness of thiS area.
Evaluation:
ThiS proposal will be centrally located In a small strip center between a land surveYing business and hair
salon. A nail salon occupies one end and a dry cleaning business occupies the opposite end of the
center ThiS request IS In conformance with the City's Comprehensive Plan recommendations for the
area. The owner IS required to comply with all Health Department regulations before a business license
can be obtained.
CONDITIONS
1 The conditional use permit for tattoo establishment IS approved for a period of one year with an
administrative review every year thereafter
2. A business license shall not be Issued to the applicant without the approval of the Health Department
for consistency with the prOVIsions of Chapter 23 of the City Code.
3. No Sign more than four (4) square feet of the entire glass area of the exterior wall(s) shall be permitted
on the Windows. There shall be no other signs, Including neon signs or neon accents, Installed on any
wall area of the exterior of the building, Windows, and / or doors.
4. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent
to the establishment.
5. The hours of operation shall be 10:00 a.m, to 10:00 p.m., Monday through Saturday, and from 12:00
p.m. to 8:00 p.m., on Sunday.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
VIRGINIA BEACH INK
Agenda Item 22
Page 3
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VIRGINIA BEACH INK
Agenda Item 22
Page 4
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VIRGINIA BEACH INK
Agenda Item 22
Page 5
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PHOTOGRAPHS OF EXISTING SITE
VIRGINIA BEACH INK
Agenda Item 22
Page 6
II 'I
1 05/11/04 SubdivIsion Vanance Granted
08/27/02 Conditional Use Permit ( car wash) Granted
06/19/78 Conditional Use Permit' fuel sales) Granted
2 12/07/99 Enlargement of a Non-conformlnQ use Denied
3 02/23/99 Conditional Rezoning R-10 to B-2 Granted
4 10/24/95 Conditional Use Permit church) Granted
5 10/13/92 Conditional Use Permit (eating & Granted
dnnklng establishment and
commercial recreation)
6 03/12/90 Modification of Conditions Granted
08/22/88 Conditional Use Permit (auto repair) Granted
ZONING HISTORY
VIRGINIA BEACH INK
Agenda Item 22
Page 7
II DISCLOSURE STATEMENT
II
APPLICANT DISCLOSURE
If the applicant IS a corporation, partnership, firm, business, or other unincorporated
organization, complete the followmg:
1 List the applicant name followed by the names of all officers. members. trustees.
partners, etc. below: (Attach list if necessary)
1.lIZf;/,J/t? 6'tH ell INk J t: t-tJJ,J.,^" ,,,' j',;/,v,;r,j ,!-'/',:'Ec't',.-,y !{Ait5
2. List all busmesses that have a parent-subsldiari or affiliated business entity2
relationshIp with the applicant: (Attach list if necessary)
Ie/Ill
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o Check here if the applicant IS NOT a corporation, partnership, firm, business. or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner IS different from applicant.
If the property owner IS a corporation, partnership, firm. business, or other
unincorporated organization, complete the following:
1, List the property owner name followed by the names of all officers, members.
trustees, partners, etc, below: (Attach list if necessary)
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ffi P\R\:.. G\ \ be,,1'- DLt>v So / DO 10
2. LIst all businesses that have a parent-subsidiary 1 or affiliated business entitl
relationship with the applicant: (Attach list if necessary)
o Check here if the property owner IS NOT a corporation. partnership, firm.
busmess, or other unincorporated organization
1 & 2 See next page for footnotes
Does an offiCial or emBloyee of the City of Virginia Beach have an mterest In the
subject land? Yes..L No _ (~e h? lCLU J
If yes, what IS the name of the offiCIal or employee and the nature of their Interest?
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Conditional Use Permrt Application
Page 9 of 10
Revised 7/3/2007
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Agenda Item 22
Page 8
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DISCLOSURE STATEMENT II
ADDITIONAL DISCLOSURES
List all known contractors or bUSinesses that have or will provide services with respect
to the requested property use, Including but not limited to the prOViders of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
1 "Parent-subsidiary relationshl p" 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 92.2-3101.
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 mclude that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
bUSiness entities share the use of the same offices or employees or otherwise share activities.
resources or personnel on a regular baSIS; or there IS otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act. Va. Code ~
2.2-3101
CERTIFICATION: I certify that the Information contained herein IS true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public heanng, 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. The
underSigned also consents to entry upon the subject property by employees of the Department of
Planning to PhotOQih and view the site for purposes of processln~ and evaluating thiS application
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Property Owner's Signature (if different than applicant) Print Name
Conditional Use Permrt Applica\lon
Page 10 of 10
ReVised 7/312007
DISCLOSURE STATEMENT
VIRGINIA BEACH INK
Agenda Item 22
Page 9
Item #22
Virg10Ia Beach Ink
ConditIOnal Use PermIt
612 Nevan Road
DIstnct 5
L ynnhaven
August 13,2008
CONSENT
Joseph Strange: The next matter IS agenda Item 22. ThIs IS an applicatIon ofVirg1OIa Beach
Ink for a ConditIonal Use PermIt for a tattoo studio on property located at 612 Nevan Road,
DIstnct 5, Lynnhaven, wIth five conditIOns.
Eddie Bourdon: Thank you Madam ChaIr, Vice ChaIr and members ofthe COImmsslOn. For
the record, I'm Eddie Bourdon, a Virg10Ia Beach attorney represent10g the applicant. All of
the conditIOns as recommended by your professIOnal are acceptable to the applicatIon. We
appreCIate beIng placed on the consent agenda.
Joseph Strange: Is there any opposItIon to thIS matter be10g placed on the consent agenda? If
not, the Chalf has asked Kathy KatsIas to reVIew thIS Item.
Kathy Katslas: Virglma Beach Ink IS requestIng a ConditIOnal Use PermIt for a tattoo studio
located at 612 Nevan Road. The applicant will be leas10g 1200 square feet 10 the small stnp
center between a land surveymg bUSIness and a haIr salon. The request IS 10 conformance
WIth the City's ComprehensIve Plan recommendatIOn for the area. The owner IS reqUIred to
comply WIth Health Department RegulatIOns before a bus10ess license can be obta1Oed. Our
staff recommends approval; so, therefore we concur WIth staff and placed It on the consent
agenda.
Joseph Strange: Thank you Kathy. Madam Chairman, I will make a motIon to approve
agenda Item 22.
JanIce Anderson: A motIon by Joe Strange.
Barry KnIght: I'll second It.
J amce Anderson: A second by Barry KnIght.
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
ABSENT 1
ABSENT
"I 'I
Item #22
VirgInia Beach Ink
Page 2
KA TSIAS AYE
KNIGHT AYE
LIVAS AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 10-0, the Board has approved Item 22 for consent.
J amce Anderson: Thank you all for com1Og today.
Sensations Hair Studio
612 Nevan Road, Smte 104 r\t.~ ~!...-
Virgima Beach, VA 23451
(757) 313-9137
\Jl(l6lt0lfT 13e:fet-e l rvVC
August 6, 2008
CommISSIOners VirgInia Beach Planning CommIssion
c/o Karen Prochilo
Department of Planmng
Building 2, Room 115
Municipal Center
Virgmia Beach, VA 23456
Subject:
Request for Use permit for VB Ink
Dear Planning ConllUlssion Members.
We are owners of Sensations Hair Studio and are located directly next to the proposed locatIOn
for VB Ink.
We not only have no problem with a Tattoo Studio bemg located in our center but look forward
to haVIng them as part ofthc Tcnant mIX.
We both encourage the commIssion to approve the applicatIOn of VB Ink.
Sincerely,
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Marcy Kemp o-Owner
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Nails First
612 Nevan Road, Suite 114
Virginia Beach, Va 23451
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August 6, 2008
Commissioners Virginia Beach Planning Commission
c/o Karen Prochilo
Department of Planning
Building 2, Room 115
Municipal Center
Virginra Beach, VA 23456
Subject: Request for Use permit for VB Ink
Dear Plannrng Commission members
My wife and I own Nails First which IS located In the same center where VB
Ink has requested a use permit for a Tattoo Studio
We have no objection to their application and will welcome them as a
Tenant In the center
Sincerely
Jon He
Owner
AUG - 8 zona
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HAYDEN FRYE AND ASSOCIATES, INC.
LAND SURVEYORS
fJliemC.ortJ <I/ifli,z (Ji-z!jUHa (~O<:UlJ.:ioIl :1 $UtlJ,zYOM
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August 6, 2008
ComnllsSIOners Virgima Beach PlannIng CommissIOn
c/o Karen Prochilo
Department of Plann10g
Building 2, Room 115
Mumclpal Center
Virg10ia Beach, VA 23456
Subject:
Request for Use permIt for VB Ink
Dear Planning CommIssion members
I am the owner of Hayden Frye and ASSOCiates a full servIce Land SurveYIng firm located at 612
Nevan Road. Our landlord contacted us prIor to VBInk makIng an applicatIOn for a use permIt
and we told him we felt that tattooing had turned so mamstream that we had no ObjectIOn to hIm
rent10g a suite in our center to VB Ink.
We have no objecting to the application of VB Ink and encourage the commIssion to rule
favorably on their request.
Sincerely, ,." .'. / ~~==,",='~=f=_)_ ..'.
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Hayden Frye
Owner
AUG -. "l 2008
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612 NEVAN ROAD - SUITE 108 - VIRGINIA BEACH, VIRGINIA 23451
757-491-7228 FAX 757-491-7229
':i;lrtl~s,.
612 Nevan Road, Suite 114
Virginia Beach, Virginia 23451
(757) 428-0200
\ lDv\ 1i2.. v \J ( \'l.b\. tJl fT l)[t\C M. \ ~
August 6, 2008
,II 'I
Commissioners Virginia Beach Planning Commission
c/o Karen Prochilo
Department of Planning
Building 2, Room 115
Municipal Center
Virginia Beach, VA 23456
Subject:
Request for Use permit for VB Ink
Dear Planning Commission Members
M&K Properties owns the center at 612 Nevan Road and is a tenant, where VB Ink has
requested a permit to open a Tattoo Studio. Before offering space to Mr Johnson and Mr
Hayes we researched the business and found that it has vastly changed since the 40's and 50's.
I discussed the possibility of having a Tattoo Studio in the center with each of our current
Tenants. Not only did none object but several were very excited.
I encourage you to rule favorably on their application
Sincerely,
t11~
Mark Gilbert
President
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Karen Prochilo
From: Bruce Gallup [bgallup@gallupsurveyors.com]
Sent: Tuesday, July 29, 2008 11 :50 AM
To: Karen Prochilo
Cc: eddie bourdon
Subject: Virginia Ink
Hi Karen,
Eddie has provided me with additional Information concerning this establishment. I will not be In opposition to this
application In light of this additional Information and as long as this establishment operates In the manner that
Eddie presented to me. Thank you for your patience.
Bruce W. Gallup, PE, LS Email
Gallup Surveyors & Engineers
323 First Colonial Road, Virginia Beach, VA 23454
Phone: 757-428-8132, Fax: 757-425-2390
PLot StyLe Tqble l;townI013d
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7 /~()f')()()~
"II I
M. APPOINTMENTS
HISTORIC SITES ORGANIZING COMMITTEE
HUMAN RIGHTS COMMISSION
PARKS AND RECREA nON COMMISSION
RESORT ADVISORY COMMISSION
REVIEW AND ALLOCA nON COMMITTEE
WORKFORCE HOUSING ADVISORY COMMITTEE
I,ll
N. UNFINISHED BUSINESS
;11 I
O. NEW BUSINESS
P ADJOURNMENT
30th Anniversary of the Office of Volunteer Resources
September 24, 2008
4:00 - 6:00 PM
Volunteer Recognition Garden
November 4
November 11
November 18
November 25
Election Day - No Sessions
Veteran's Day - No Sessions
Briefing, Informal, Formal, including Planning
Briefing, Informal, Formal, including Planning
Citv Council Sessions for November and December 2008
December 2
December 9
Briefing, Informal, Formal, including Planning
Briefing, Informal, Formal, including Planning
===
Comprehensive Plan Open Houses
September 29,2008 Creeds Elementary Dlstnct #7 - Pnncess Anne
7:00 - 9:00 PM
October 2, 2008 Landstown High School
7:00 - 9:00 PM Dlstnct #7 - Pnncess Anne
October 6, 2008 Bow Creek Recreation Center Dlstnct #3 - Rose Hall
7:00 - 9:00 PM Dlstnct #6 - Beach
October 9, 2008 WhIte Oaks Elementary Dlstnct #3 - Rose Hall
7:00 - 9:00 PM School
October 13,2008 Convention Center Dlstnct #6 - Beach
7:00 - 9:00 PM
October 16, 2008 AssocIation for Research & DIstrIct #5 - Lynnhaven
7:00-9:00 PM Enlightenment DIstrIct #6 - Beach
October 20, 2008 Pnncess Anne High School Dlstnct #4 Bayslde
7:00 - 9:00 PM Dlstnct #5 - Lynnhaven
October 23,2008 Bayslde Recreation Center Dlstnct #4 Bayslde
7:00 - 9:00 PM Dlstnct #5 - Lynnhaven
October 27,2008 Cox High School Dlstnct #5 - Lynnhaven
7:00 - 9:00 PM
-
*********
If you are physically disabled or visually impaired
and need assistance at thIS meetIng,
please call the CITY CLERK'S OFFICE at 385-4303
***********
Agenda 09/23/08 gw
www.vb!!ov.com
II
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
P,\GE: I S I E J L N U N I
T E D N 0 A D H U L W
A(JENDA E Z Y L N N 0 R E S 0
ITI~M# SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
[ BRIEFING:
A. "FOR KEEPS" INITIATIVE Anne Hollon,
First Lady of
Virgmla
Ray Ratke,
Deputy
Commission of
the Department of
Mental
Health/Mental
Retardation!
, Substance Abuse
Services/Special
Advisor for
Children's
Services/Office of
Secretary of
Health!Human
Resources
Dr. Terry Jenkms,
President,
"Together We
Can" Foundation
--
II/III/lV /
V.E CERTIFICATION OF CLOSED CERTIFIED 10-0 y y A y y y y y A y y
SESSION
--
F MINUTES
September 2, 2008 APPROVED 9-0 Y y A Y Y Y Y Y A Y Y
B
S
T
A
I
N
E
D
G.ADD Ordinance to CONFIRM Declaration of ADDED 10-0 y y A y y y y y y y y
ON Local Emergency re Tropical Stonn Hanna
I
i
H NO SPEAKERS I
PUBLIC COMMENT.
HOUSING/NEIGHBORHOOD
PRESERV AnON
I
D
E
D
H
M
C
C
o
B
E
R
V
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L
L
A
W
DATE: September 9, 2008
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
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DATE: September 9, 2008 M B L
D C E L
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PAGE: 2 S I E J L N U N I
T E D N 0 A D H U L W
AGENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
UJ-I Ordinances to AMEND City Code:
a. AMEND ~37-7 re water tap/meter ADOPTED BY 9-1 Y Y A Y Y Y Y Y Y Y N
Installation fees CONSENT
b. REPEAL ~2-191 re check replacement ADOPTED BY 10-0 Y Y A Y Y Y Y Y Y Y Y
procedures CONSENT
ADD ON Ordinance to CONFIRM Declaration of ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y
Local Emergency re Tropical Storm Hanna CONSE1'JT
K-I Var/ance to Floodplam Regulations for APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y
P A TRICK/CA THERINE BOWLER at CONDITIONED,
2228 Elder Rd BY CONSENT
DISTRICT 5 - L YNNHA VEN
2 CUP.
a. CENTERVILLE BINGO, INC., re DEFERRED TO 10-0 Y Y A Y Y Y Y Y Y Y Y
bmgo hall at 1920 Centerville Tpk 9/23/08
DISTRICT 1 - CENTERVILLE
APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y
b. RICHARD VANEK re skateboard CONDITIONED,
ramp at 538 South Atlantic Ave BY CONSENT
DISTRICT 6 - BEACH
c. VIRGINIA BEACH INK re tattoo DEFERRED TO 10-0 Y Y A Y Y Y Y Y Y Y Y
studio at 612 Nevan Road 9/23/08
DISTRICT 5 - L YNNAHVEN
3 NEW CINGULAR WIRELESS PCS, MODIFIED AS 10-0 Y Y A Y Y Y Y Y Y Y Y
LLC, (t/a AT&T) at 631 N. Witchduck CONDITIONED,
Rd: BY CONSENT
DISTRICT 4 - BA YSIDE
a. CUP re communication tower
b. Modification of Condition NO.1 of
CUP approved September 26, 1995
4 JIM LOOMIS c/o HP VENTURES, MODIFIED AS 9-0 Y Y A Y Y Y Y Y Y Y A
L.L.C. Modification of Condition No. 12 CONDITIONED, B
of CUP approved January 13,2004 at 700 BY CONSENT S
S. Birdneck Rd T
DISTRICT 6 - BEACH A
I
N
E
D
CITY OF VIRGINIA BEACH
SUMMARY OFCOUNCU ACnONS
V
0 I
DATE: September 9, 2008 M B L
D C E L
E D H C R A W
P <\GE: 3 S I E J L N U N I
T E D N 0 A D H U L W
At.,ENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
5 R.J. MCGINNIS Modification of Proffers MODIFIED AS 10-0 Y Y A Y Y Y Y Y Y Y Y
Nos. 1/2 for COZ approved December 2, PROFFERED,
2003 at 3176 Holland Rd BY CONSENT
DISTRICT 6 - BEACH
6 Ordinance to AMEND ADOPTED AS 10-0 Y Y A Y Y Y Y Y Y Y Y
(CZO)/ADD ~223. I defimng AMENDED, BY
auto museums/establish CONSENT
conditional use m Busmess
DistnctslIndustnal DistrlctlResort
Tounst Districts
L. APPOINTMENTS RESCHEDULED 10-0 B Y C 0 N S E N S U S
BY
HISTORIC SITES ORGANIZING CONSENSUS
COMMmEE
HUMAN RIGHTS COMMISSION
REVIEW AND ALLOCATION
COMMmEE
WORKFORCE HOUSING ADVISORY
COMMmEE
--
MiH/O ADJOURNMENT 6:28 PM
-.
Citv Council Sessions for November and December 2008
November 4
November 11
November 18
November 25
Election Day - No Sessions
Veteran's Day - No Sessions
Briefing, Informal, Formal, including Planning
Briefing, Informal, Formal, including Planning
December 2
December 9
Briefing, Informal, Formal, including Planning
Briefing, Informal, Formal, including Planning
Comprehensive Plan
Open Houses
September 29,2008 Creeds Elementary Dlstnct #7 - Pnncess Anne
7:00 - 9:00 PM
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
0 I
DATE: September 9, 2008 M B L
0 C E L
E 0 H C R A W
PAGE: 4 S I E J L N U N I
T E D N 0 A D H U L W
AGENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N 0
October 2,2008 Landstown High School DIstnct #7 - Pnncess Anne
7:00 - 9:00 PM
October 6, 2008 Bow Creek Recreation Center DIstrIct #3 - Rose Hall
7:00 - 9:00 PM DIstrIct #6 - Beach
October 9,2008 White Oaks Elementary DIstnct #3 - Rose Hall
7:00 - 9:00 PM School
October 13, 2008 Convention Center DIstrict #6 - Beach
7:00 - 9:00 PM
October 16, 2008 ASSOCIation for Research & District #5 - Lynnhaven
7:00 - 9:00 PM Enlightenment Dlstnct #6 - Beach
October 20, 2008 Prmcess Anne High School District #4 Bayslde
7:00 - 9:00 PM Dlstnct #5 - Lynnhaven
October 23, 2008 Bayslde Recreation Center Dlstnct #4 Bayslde
7:00 - 9:00 PM District #5 - Lynnhaven
October 27,2008 Cox High School DIstrict #5 - Lynnhaven
7:00 - 9:00 PM