HomeMy WebLinkAboutJULY 14, 2009 AGENDA
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
OTY COUNOL
MAYOR WIWAM D. SESSOMS ,JR., At-Large
VICE MA YOR LOUIS R. JONES, Bayside - District 4
GLENN R. DA VIS, Rose Hall - District 3
WILliAM R. DeSTEPH, At-Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. DYER.. Centerville - District I
BARBARA M. HENLEY, Princess Anne - District 7
JOHN E. UHRIN, Beach - District 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER - JAMES K. SPORE
CITY AITORNEY - MARK D. STILES
CITY ASSESSOR - JERAW BANAGAN
CITY AUDITOR -LYNDON S. REMIAS
CITY CLERK - RUTH HODGES FRASER, MMC
CITY COUNCIL AGENDA
14 JULY 2009
1.
CITY COUNCIL BRIEFING:
- Conference Room -
A. BUSINESS ROUNDTABLE PRIORITIES
J ames Flinchum, CFP
Chair, Virginia Beach Chamber of Commerce
II. CITY MANAGER'S BRIEFINGS:
A. PLANNING ITEMS - Pending City Council Agenda
Jack Whitney, Director - Planning
B. INTERIM FINANCIAL STATEMENT
Patricia Phillips, Director - Finance
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V.
INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
il,1 I
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
2:30 PM
4:00 PM
V1. FORMAL SESSION AGENDA
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B.
INVOCATION:
Bishop Rudolph B. Lewis
New Light Freewill Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIF'ICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
July 7, 2009
G. FORMAL SESSION AGENDA
H. PUBLIC HEARING
1. REAL and PERSONAL PROPERTY TAX EXEMPTIONS
1. CONSENT AGENDA
J. ORDINANCES/RESOLUTION
1. Ordinances to EXEMPT certain organizations:
a. From Real and Personal Property Taxes:
1. Mercy Medical Airlift
2. Virginia Baptist Children's Home and Family Services
b. From Personal Property Taxes:
1. Faith Works Coalition
2. National Alliance on Mental Illness (NAMI) - Virginia Beach
3. Recovery for the City International
4. Tidewater Memorial Bicycle Park Fund, Inc.
5. Virginia Wild Horse Rescue
i I i
2. Ordinances to AMEND and REORDAIN the City Code re:
a. S 16-39 re spot blight abatement
b. S 10-1 to allow absentee voting for November Elections and Presidential
Primaries at three satellite locations: Courthouse Fire Station and both "full
service" DMV offices
3. Ordinance to AUTHORIZE the City Manager to execute the Agreement for the purchase
ofmu1ching equipment from the Southeastern Public Service Authority (SPSA) in
exchange for reducing the City's current loan to SPSA; and, TRANSFER $377,000
savings to Reserve for Contingencies.
4. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned
property for Janelle A. Thomas and Jennifer A. Hedrick to maintain an existing bulkhead,
construct and maintain a wharf, boat lift and floating dock at 2031 Echo Cove.
DISTRICT 5 - L YNNHA VEN
5. Resolution to EXTEND the existence of the Bayfront Advisory Committee (BAC) to
June 30, 2014 and CHANGE the composition to four (4) ex officio members: the
Planning Commission and City Council Members representing the Bayside and
Lynnhaven Districts plus eleven (11) citizen members.
6. Ordinance to AMEND the FY 2009-2010 Operating Budget of the Department of
Housing and Neighborhood Preservation; APPROPRIATE and TRANSFER these
funds from the U.S. Department of Housing and Urban Development (HUD) re the
Housing Choice Voucher program.
7. Ordinances to ACCEPT, APPROPRIATE and TRANSFER Grant funds to the FY
2009-2010 Operating Budget of the Department of Juvenile Probation (Virginia Beach
Court Service Unit) from the Department of Criminal Justice Services through the
. Juvenile Accountability Block Grant (JABG):
a. $43,828 re a part-time employee to oversee detention initiatives and internal
policy changes
b. $13,360 re the purchase of electronic training equipment
8. Ordinance to TRANSFER $90,000 from the General Fund Reserve for Contingencies to
the FY 2008-09 Operating Budget of the General District Court re court appointed
attorney fees.
K. PLANNING - NO ACTION
1. Application of AME UNITED, INC./GREEN RUN SQUARE ASSOC., LLC for a
Conditional Use Permit re a bar and nightclub at 3320 Holland Road, Suite 1118.
DISTRICT 3 - ROSE HALL
(Deferred by the Planning Commissionfor 30 days)
L. PLANNING
I. Application of TRUTH FAITH & DELIVERANCE MINISTRIES/GREAT EASTERN
RESORT CORPORATION for a Conditional Use Permit re a church at 3386 Holland
Road.
DISTRICT 3 - ROSE HALL
RECOMMENDATION
APPROVAL
2. Application of LIGHTHOUSE FELLOWSHIP CHURCH/James Harrell for a
Conditional Use Permit re a church at 463 South Lynnhaven Road.
DISTRICT 3 - ROSE HALL
RECOMMENDATION
APPROVAL
3. Application of BLACKWATER BAPTIST CHURCH to MODIFY AND ADD Conditions
(approved by City Council on August 17, 1981) for an Addition of a youth activity room and
two dassrooms at 6000 Blackwater Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
4. Application of HOWARD R. TABOR/DEEPAK PATEL for a Conditional Use Permit re
motor vehicle sales at 300 S. Rosemont Road.
DISTRICT 3 - ROSE HALL
RECOMMENDATION
APPROVAL
5. Application of GARY W. and ANNA T. WYATT for a Conditional Use Permit re
alterations to an existing residential kennel at 1817 Indian River Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
6. Application of ENDEAVOR ENTERPRISES, L.L.C. for a Change of Zoning District
Clas~jification from AG-1 and AG-2 Agricultural Districts to Conditional B-1A Limited
Business District and P-1 Preservation District at Chestnut Oak Way.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPLICANT REQUESTS FURTHER
DEFERRAL TO AUGUST 11,2009
M. APPOINTMENTS
HEALTH SERVICES ADVISORY BOARD
PARKS and RECREATION COMMISSION
,i;1 I
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
Agenda 7/14/09gw
www.vbl!ov.com
COUNCIL SCHEDULE FOR JULY AND AUGUST
Jul
Jul
Au
Au
Au
Au
Virginia Beach City Council
Will Host a
PUBLIC MEETING
7:00-8:30 PM
THURSDAY, AUGUST 13TH
Virginia Beach Convention Center
Purpose: 2010 General Assembly Legislative Agenda
Thu~sday, November 12th
ANNUAL JOINT MEETING
City Council, General Assembly and School Board
********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
i I
i I I
1.
CITY COUNCIL BRIEFING:
- Conference Room -
2:30 PM
A. BUSINESS ROUNDTABLE PRIORITIES
J ames Flinchum, CFP
Chair, Virginia Beach Chamber of Commerce
II. CITY MANAGER'S BRIEFINGS:
A. PLANNING ITEMS - Pending City Council Agenda
Jack Whitney, Director - Planning
B. INTERIM FINANCIAL STATEMENT
Patricia Phillips, Director - Finance
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
I ,1,1 I
V. INFORMAL SESSION
- Conference Room -
4:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
i I
I Ii"I I
V1. FORMAL SESSION AGENDA
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B.
INVOCATION:
Bishop Rudolph B. Lewis
New Light Freewill Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
July 7, 2009
G. FORMAL SESSION AGENDA
'II I
.tliulutinu
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
i I
,I lllil I
H.
PUBLIC HEARING
1. REAL and PERSONAL PROPERTY TAX EXEMPTIONS
ill I I
NOTICE OF PUBLIC HEARING
Proposed Exemptions from
Real and. Personal Property Taxation
On Tuesday July 14, 2009. at 6:00 p.m. in the Council
Chamber on the second floor of the City Hall building,
~v!un!cipal Center, Virginia Beach, Virginia, the City Council of
fhe Ctty of Virginia Beach wi!! hold a Public Hearing on
ordinances to exempt by designation the following entities
'rom iocal real and/ or personal property taxes:
1. Faith Works Coalition
,Jersonal Property Assessment:
Personal Property Taxes (yearly):
Real Estate Assessment:
Real Estate Taxes (yearly):
$0
$0
$0
$0
2. Mercy Medical Airlift
Personal Property Assessment:
Personal Property Taxes (yearly):
Real Estate Assessment:
Real Estate Taxes (yearly):
$294,654.00
$4,360.88
$448,800.00
$3,994.32
3. National Alliance on Mental Illness (NAMn - Vlndnla
Beach
Personal Property Assessment:
Personal Property Taxes (yearly):
Real Estate Assessment:
Real Estate Taxes <yearly):
$1670.00
$24.72
$0
$0
.:\. Recovery for the City International
,Jersonal Property Assessment:
Personal Property Taxes (yearly):
Real Estate Assessment:
Real Estate Taxes (yearly):
$13,759.00
$191.67
$0
$0
5. Tidewater Memorial Bicycles Park Fund. Inc.
Personal Property Assessment: $0
Personal Property Taxes (yearly): $0
Real Estate Assessment: $0
Real Estate Taxes (yearly): $0
~. Vlrl!inla BaDtist Children's
Services
i'ersonalProperty Assessment:
Personal Property Taxes ,yearly):
Peal Estate Assessment:
Real Estate Taxes (yearly):
7. Vlrl!inia Wild Horse Rescue
Personal Property Assessrn~nt:
Personal Property Taxes ,year!y):
Real Estate Assessment:
Real Estate Taxes (yearly):
Home and FamilY
$0
$0
$321,992.00
$2,865.74
$5,528.00
$143.80
$0
$0
C'~pies of the proposed ordinances are on file in the office of
the C ty Clerk. All interestec persons 'Jre welcome to appear
at the Hearirg and tyesent ~ne,r views on the oroposed
",;<.emptions. if yO'l are physically disabled and you need
",.sistance at tr,is 'leetng; please call 757-385-4303.
Ruth Hodges Fraser, MMC
Cty Clerk
I iii, I I
J.
ORDINANCES/RESOLUTION
1.
Ordinances to EXEMPT certain organizations:
a. From Real and Personal Property Taxes:
I. Mercy Medical Airlift
2. Virginia Baptist Children's Home and Family Services
b. From Personal Property Taxes:
1. Faith Works Coalition
2. National Alliance on Mental Illness (NAMI) - Virginia Beach
3. Recovery for the City International
4. Tidewater Memorial Bicycle Park Fund, Inc.
5. Virginia Wild Horse Rescue
2.
Ordinances to AMEND and REORDAIN the City Code re:
a. S 16-39 re spot blight abatement
b. S 10-1 to allow absentee voting for November Elections and Presidential
Primaries at three satellite locations: Courthouse Fire Station and both "full
service" DMV offices
3.
Ordinance to AUTHORIZE the City Manager to execute the Agreement for the purchase
of mulching equipment from the Southeastern Public Service Authority (SPSA) in
exchange for reducing the City's current loan to SPSA; and, TRANSFER $377,000
savings to Reserve for Contingencies.
4.
Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned
property for Janelle A. Thomas and Jennifer A. Hedrick to maintain an existing bulkhead,
construct and maintain a wharf, boat lift and floating dock at 2031 Echo Cove.
. DISTRICT 5 - L YNNHA VEN
5.
Resolution to EXTEND the existence of the Bayfront Advisory Committee (BAC) to
June 30, 2014 and CHANGE the composition to four (4) ex officio members: the
Planning Commission and City Council Members representing the Bayside and
Lynnhaven Districts plus eleven (11) citizen members.
6.
Ordinance to AMEND the FY 2009-2010 Operating Budget ofthe Department of
Housing and Neighborhood Preservation; APPROPRIATE and TRANSFER these
funds from the U.S. Department of Housing and Urban Development (HUD) re the
Housing Choice Voucher program.
7.
Ordinances to ACCEPT, APPROPRIATE and TRANSFER Grant funds to the FY
2009-2010 Operating Budget of the Department of Juvenile Probation (Virginia Beach
Court Service Unit) from the Department of Criminal Justice Services through the
Juvenile Accountability Block Grant (JABG):
a. $43,828 re a part-time employee to oversee detention initiatives and internal
policy changes
b. $13,360 re the purchase of electronic training equipment
8.
Ordinance to TRANSFER $90,000 from the General Fund Reserve for Contingencies to
the FY 2008-09 Operating Budget of the General District Court re court appointed
attorney fees.
i I
i Iii I I
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Ordinances Designating Organizations as Being Exempt from Local Real
and Personal Property Taxation
MEETING DATE: July 14, 2009
. Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that
property used by its owner for religious, charitable, patriotic, historical, benevolent,
cultural, or public park and playground purposes may be exempted from taxation by
classification or designation by an ordinance adopted by the local governing body. Prior
to January 1,2003, such exemptions could only be granted by the General Assembly.
Section 58.1-3651 of the Virginia Code sets forth the process for designating
specific organizations as being exempt from local taxation, and a list of factors for the
local governing body to consider is set forth. They are:
1. Whether the organization is exempt from taxation pursuant to ~ 501 (c) of
the Internal Revenue Code of 1954;
2. Whether a current annual alcoholic beverage license for serving alcoholic
beverages has been issued by the Virginia Alcoholic Beverage Control
Board to such organization, for use on such property;
3. Whether any director, officer, or employee of the organization is paid
. compensation in excess of a reasonable allowance for salaries or other
compensation for personal serviceS' which such director, officer, or
employee actually renders;
4. Whether any part of the net earnings of such organization inures to the
benefit of any individual, and whether any significant portion of the service
provided by such organization is generated by funds received from
donations, contributions, or local, state or federal grants. As used in this
subsection, donations shall include the providing of personal services or
the contribution of in-kind or other material services;
5. Whether the organization provides services for the common good of the
public;
6. Whether a substantial part of the activities of the organization involves
carrying on propaganda, or otherwise attempting to influence legislation
and whether the organization participates in, or intervenes in, any political
campaign on behalf of any candidate for public office;
7. The revenue impact to the locality and its taxpayers of exempting the
property; and
8. Any other criteria, facts and circumstances that the governing body deems
pertinent to the adoption of such ordinance.
The City Council adopted a revised policy regarding applications for Tax Exemption by
Designation on May 6,2008 (attached).
. Considlerations The Commissioner of Revenue has received 7 applications
in this reportin~~ period. The Commissioner reviewed each application.
The Commissioner finds the following applicants qualify for exemption from real and
personal prope~rty taxes:
Mercy Medical Airlift
Virginia Baptist Children's Home and Family Services
The Commissioner finds the following applicants qualify for exemption from personal
property taxes:
Faith Works Coalition
National AJlianGe on Mental Illness (NAMI) - Virginia Beach
Recovery for the City International
Tidewater Memorial Bicycle Park Fund, Inc.
Virginia Wild Horse Rescue
. Public Information: A public hearing on this matter has been advertised for at
least five days prior to the public hearing in the Beacon as required by statute.
. Attachments: 7 Ordinances, City Council Policy Regarding Applications for
Tax Exemption by Designation, Commissioner of Revenue Letter, Commissioner
of Revenue Summary for Each Application
Recommended Action:
Approval of Ordinances for:
Faith Wo"ks Coalition;
Mercy MHdical Airlift;
National Alliance on Mental Illness (NAMI) - Virginia Beach;
Recovel1 for the City International; and
Tidewater Memorial Bicycle Park Fund
Virginia Baptist Children's Home and Family Services
Virginia Wild Horse Rescue
Submitting Department/Agency: Commissioner of the Reve~
CityManager~~ k- .~
I ~ Iii I
City Hall
Virginia Beach, VA 23456-9002
Commissioner of the Revenue
Philip). Kellam
Commissioner
VBgov.com/cor
July 7, 2009
The Honorable William D. Sessoms Jr., Mayor
Members of City Council
Subject: Initial Report on Applicants for Exemption from Property Taxes
Dear Mayor and Council Members:
Effective January 1, 2003 the General Assembly transferred its sole authority to grant exemptions by designation from
personal and real property taxesl. The City Council accepted this authority and ordained a policy utilizing the
Community Organization Grant Committee (COG) to administer the review of applicants for tax exemption2. On May
6, 2008 the City Council revised and re-ordained the process providing for the Commissioner of the Revenue to
review and report to City Council on such applications3.
After reviewing each application, I can report the following applicants qualify for exemption from real and personal
property taxes:
Mercy Medical Airlift .
Virginia Baptist Children's Home and Family Services
The following applicants qualify for exemption from personal property taxes:
Faith Works Coalition
Natiqna1 Alliance on Mental Illness (NAMI) - Virginia Beac~
Recovery for the City International
Tidewater Memorial Bicycle Park Fund, Inc.
Virginia Wild Horse Rescue
I am available if you have questions or concerns regarding the recommendations.
Sincerely,
{OJdf
Philip J. Kellam
Commissioner of the Revenue
Enclosures
1 Code of Virginia 58.1-3651
2 ORD-27981
3 ORD-3009K
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
AN ORDINANCE TO DESIGNATE MERCY MEDICAL
AIRLIFT AS BEING EXEMPT FROM LOCAL REAL
AND PERSONAL PROPERTY TAXATION
WHEREAS, in accordance with S 58.1-3651 ofthe Code of Virginia, the Council of
the City of Vif!~inia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local real and personal property taxes to Mercy Medical Airlift.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates Mercy
Medical Airlift as a charitable organization within the context of S 6(a)(6) of Article X of the
Constitution of Virginia.
2. That real and personal property owned by Mercy Medical Airlift located within the
City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis
is hereby exempt from local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property Mercy Medical Airlift for exclusively charitable
purposes;
(b) that each July 1, Mercy Medical Airlift shall file with the Commissioner of the
~~evenue a copy of its most recent federal income tax return, or, if no such
mturn is required, it shall certify its continuing tax exempt status to the
Commissioner of the Revenue;
(c) that every three years, beginning on July 1,2012, Mercy Medical Airlift shall
. file an exemption application with the Commissioner of the Revenue as a
mquirement for retention of the exempt status of the property; and
(d) tl1at Mercy Medical Airlift cooperate fully with the Commissioner of the
Revenue with respect to audit of its financial records, compliance with the
tElrms of this ordinance.
4. That the effective date of this exemption shall be January 1, 2010.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
July, 2009.
day of
RequireH an affirmative vote of three-fourths of the members of the City Council.
i I
APPROVED AS TO CONTENT:
CA 11165
R-1
June 18, 2009
II IIi! I
APPROVED AS TO LEGAL
SUFFICIENCY:
V~ffiC;-
2
I ,
OVERVIEvV OF NONPROFIT APPLICATION FOR EXEMPTION
MERCY MEI>ICAL AIRLIFT
4620 Haygood Road Ste 1
Virginia Beach, VA 23455
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
MMA's mission is to ensure that no needy patient is denied access to distant specialized medical
evaluation, diagnosis or treatment for lack of a means of long-distance medical air transportation.
They also ensure the provision of urgent transportation in situations of compelling human need
and homeland security emergencies.
This organization provides medical air transportation to needy individuals throughout the
Hampton Road:; area and the country. It manages several other programs that benefit the families
of those in need of medical air transportation. They also work with many other local, state and
federal agencies to provide services during times of disasters.
Mercy Medical Airlift does not own any airplanes; they have volunteer pilots who use their own
aircraft. This organization operates from donations and contributions.
TAX IMPAC11
Personal Property:
Business Propelty Tax
Real Estate:
None
$4,419.81 (year)
$3,994.32 (year)
Commissioner of the Revenue Recommendation:
../
Approval
Disapproval
i I
1,1 IIi! 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
AN ORDINANCE TO DESIGNATE VIRGINIA BAPTIST
CHILDREN'S HOME AND FAMILY SERVICES AS
BEING EXEMPT FROM LOCAL REAL AND
PERSONAL PROPERTY TAXATION
WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local real and personal property taxes to Virginia Baptist
Children's Home and Family Services.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates
Virginia Baptist Children's Home and Family Services as a charitable organization within
the context of 9 6(a)(6) of Article X of the Constitution of Virginia.
2. That real and personal property owned by Virginia Baptist Children's Home and
Family Services located within the City of Virginia Beach that is used exclusively for
charitable purposes on a nonprofit basis is hereby exempt from local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property Virginia Baptist Children's Home and Family
Services for exclusively charitable purposes;
(b) that each July 1, Virginia Baptist Children's Home and Family Services shall
file with the Commissioner of the Revenue a copy of its most recent federal
income tax return, or, if no such return is required, it shall certify its
continuing tax exempt status to the Commissioner of the Revenue;
(c) that every three years, beginning on July 1,2012, Virginia Baptist Children's
Home and Family Services shall file an exemption application with the
Commissioner of the Revenue as a requirement for retention of the exempt
status of the property; and
(d) that Virginia Baptist Children's Home and Family Services cooperate fully
with the Commissioner of the Revenue with respect to audit of its financial
records, compliance with the terms of this ordinance.
4. That the effective date of this exemption shall be January 1, 2010.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
July, 2009.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
I I
APPROVED A.S TO CONTEN :
I
CA11179
R-1
June 26, 2009
2
APPROVED AS TO LEGAL
SUFFICIENCY:
Z2~
I
,I 11111
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME:
Virginia Baptist Children's Home & Family Services
T/A HopeTree Family Services
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Property at 1204 Ewell Road in Virginia Beach was given as a restricted gift for their
Developmental Disabilities Ministries (DDM) program. DDM is a ministry that mainly
provides group homes for adults with intellectual disabilities. Their expectations for the
property include the following:
. Obtain a license to house up to four adults.
· Maintain one or two organization vehicles.
· Establish a local home office with office equipment.
Based upon the review of the history of the organization, the mission of the
Developmental Disabilities Ministries (DDM) program (see attached documents), the
audited financial statements and Attorney General's Opinion 02-126, Virginia Baptist
Children's Home & Family Services, T/A HopeTree Family Services could be classified
as a "religious association." Pending the receipt of the license to house up to four adults
with intellectual disabilities, Virginia Baptist Children's Home & Family Services, T/A
HopeTre~ Family Services should be exempted from the local real and property taxation
in accordance with Section 58.1-3617 of the Code of Virginia.
TAX IMPACT:
Personal Property: none at this time
Real Estate: Assessed - $321,992
Tax - $2,865.74 (year)
RELEVANT INFORMATION:
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
AN ORDINANCE TO DESIGNATE FAITH WORKS
COALITION AS BEING EXEMPT FROM LOCAL
PERSONAL PROPERTY TAXATION
WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an eXl3mption from local personal property taxes to Faith Works Coalition.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates Faith
Works Coalition as a charitable organization within the context of S 6(a)(6) of Article X of
the Constitution of Virginia.
2. That personal property owned by Faith Works Coalition located within the City of
Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is
hereby exempt from local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property Faith Works Coalition for exclusively chaFitable
purposes;
(b) that each July 1, Faith Works Coalition shall file with the Commissioner ofthe
Revenue a copy of its most recent federal income tax return, or, if no such
return is required, it shall certify its continuing tax exempt status to the
Commissioner of the Revenue;
(c) that every three years, beginning on July 1, 2012, Faith Works Coalition shall
file an exemption application with the Commissioner of the Revenue as a
rE!quirement for retention of the exempt status of the property; and
(d) that Faith Works Coalition cooperate fully with the Commissioner of the
Revenue with respect to audit of its financial records, compliance with the
terms of this ordinance.
4. That the effective date of this exemption shall be January 1, 2010.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
July, 2009.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
I I!
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~_/
/' y' Ice
CA 11164
R-1
June 18, 2009
2
L...~,,"
1'\ 111.-1'1
I
I i
OVERVIEVV OF NONPROFIT APPLICATION FOR EXEMPTION
FAITH WORKS COALITION
905 HORSESHOE COURT
VIRGINIA BEACH, VA 23451
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Faith Works Coalition repairs homes for the elderly, low income and working families. The work
is performed by a group ofvolenteers and is funded through private donations and from Virginia
Beach Church Outreach Ministries.
Public Benefit - repairs homes owned by senior citizens and low income families which
improves quality life and preserves neighborhoods.
TAXIMPACJr:
There is no tax impact at this time, the volenteers use their own tools and own vehicles to
transport materlal needed for the repairs. They are hoping to eventually buy a work truck and
tools.
Commissioner of the Revenue Recommendation:
~
Approval
Disapproval
I I ~
1",...111+1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
AN ORDINANCE TO DESIGNATE NATIONAL
ALLIANCE ON MENTAL ILLNESS (NAMI) - VIRGINIA
BEACH AS BEING EXEMPT FROM LOCAL
PERSONAL PROPERTY TAXATION
WHEREAS, in accordance with S 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local personal property taxes to National Alliance on Mental
Illness (NAMI) - Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates
National Alliance on Mental Illness (NAMI) - Virginia Beach as a charitable organization
within the context of S 6(a)(6) of Article X of the Constitution of Virginia.
2. That personal property owned by National Alliance on Mental Illness (NAMI) -
Virginia Beach located within the City of Virginia Beach that is used exclusively for
charitable purposes on a nonprofit basis is hereby exempt from local property taxation.
. 3. This exemption is contingent on the following:
(a) continued use of the property National Alliance on Mental Illness (NAMI) -
Virginia Beach for exclusively charitable purposes;
(b) that each July f, National Alliance on Mental Illness (NAMI) - Virginia Beach
shall file with the Commissioner of the Revenue a copy of its most recent
federal income tax return, or, if no such return is required, it shall certify its
continuing tax exempt status to the Commissioner of the Revenue;
(c) that every three years, beginning on -July 1, 2012, National Alliance on
Mental Illness (NAMI) - Virginia Beach shall file an exemption application with
the Commissioner of the Revenue as a requirement for retention of the
exempt status of the property; and
(d) that National Alliance on Mental Illness (NAMI) - Virginia Beach cooperate
fully with the Commissioner of the Revenue with respect to audit of its
financial records, compliance with the terms of this ordinan'ce.
4. That the effective date of this exemption shall be January 1, 2010.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
July, 2009.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
I I
APPROVED AS TO CONTENT:
CA11166
R-1
June 18,2009
2
APPROVED AS TO LEGAL
SUFFICIENCY:
~ -------
CI 0 ney's ice-
I'
. "j..~..,"
"iijOl"1
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
NAMI - Virginia Beach (National Alliance on Mental Illness)
281 Independence Blvd Ste 414
Virginia Beach, V A 23462
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
NAMI -National Alliance on Mental Illness is the nation's largest grassroots mental health
organization dedicated to improving the lives of individuals and families affected by mental
illness. NAMI provides support, education, and advocacy for people affected by mental illness.
They are dedicated to increasing public understanding of mental illness to reduce stigma; to
improve the quality of life for individuals diagnosed with serious mental illness; to provide
support and education to families of the mentally ill and to persons with mental illness; and to
promote research.
Local services include:
. A local office is open J hours a day to answer questions or give out information on
mental illness.
. They have a 24 hours day phone answering service through a call forwarding service.
. They provide written material on mental illnesses upon request.
. Sponsors support groups for families with a dependent diagnosed with a serious mental
illness.
TAX IMP ACT:
Personal Property
Business Property Tax
Real Estate:
None
$24.72
None
Commissioner of the Revenue Recommendation:
~
Approval
Disapproval
, u.>--.j~. .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
AN ORDINANCE TO DESIGNATE RECOVERY FOR
THE CITY INTERNATIONAL AS BEING EXEMPT
FROM LOCAL PERSONAL PROPERTY TAXATION
WHEREAS, in accordance with S 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local personal property taxes to Recovery for the City
International.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates
Recovery for the City International as a charitable organization within the context of S
6(a)(6) of Article X of the Constitution of Virginia.
2. That personal property owned by Recovery for the City International located
within the City of Virginia Beach that is used exclusively for charitable purposes on a
nonprofit basis is hereby exempt from local property taxation.
3. This ,exemption is contingent on the following:
(a) continued use of the property Recovery for the City International for
e}{clusively charitable purposes;
(b) that each July 1, Recovery for the City International shall file with the
Commissioner of the Revenue a copy of its most recent federal income tax
return, or, if no such return is required, it shall certify its continuing tax
exempt status to the Commissioner of the Revenue;
(c). that every three years, beginning on July 1, 2012, Recovery for the City
International shall file an exemption application with the Commissioner of the
Revenue as a requirement for retention of the exempt status of the property;
and
(d) that Recovery for the City International cooperate fully with the
Commissioner of the Revenue with respect to audit of its financial records,
compliance with the terms of this ordinance.
4. That the effective date of this exemption shall be January 1, 2010.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
July, 2009.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
I Ii
APPROVED AS TO CONTENT:
CA 11167
R-1
June 18, 2009
2
APPROVED AS TO LEGAL
SUFFICIENCY:
V~
C A ey's Office
lij
1.1
ic.....,j I
OVERVIEV{ OF NONPROFIT APPLICATION FOR EXEMPTION
Recovery for the City International
3333-28 Virginia Beach Blvd
Virginia Beach, V A 23452
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Recovery for the City is a faith based organization that exists to promote and develop spiritual
recovery around the world.
Recovery for the City's vision is to help both the individual and cluster groups organize
leadership for recovery.
They provide group meeting for adults with addictions or compulsive behavior and they provide
a similar program for children of parents who suffer from addictions or compulsive behavior.
They sell books, produce seminars and give apprenticeships.
They believe G3d has called us to reproduce the "Recovery for the City" model internationally in
order to help as many people as possible
TAX IMP ACli
Personal Property:
Business Propelty
Real E~tate:
$58.82 (year)
$131.85 (year)
None
Commissioner of the Revenue Recommendation:
./
Approval
Disapproval
I I:
-," ~.~-~~~....
1'1.-11.'.1
,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
AN ORDINANCE TO DESIGNATE TIDEWATER
MEMORIAL BICYCLE PARK FUND, INC. AS BEING
EXEMPT FROM LOCAL PERSONAL PROPERTY
TAXATION
WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local personal property taxes to Tidewater Memorial Bicycle
Park Fund, Inc..
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates
Tidewater Memorial Bicycle Park Fund, Inc. as a charitable organization within the context
of 9 6(a)(6) of Article X of the Constitution of Virginia.
2. That personal property owned by Tidewater Memorial Bicycle Park Fund, Inc.
located within the City of Virginia Beach that is used exclusively for charitable purposes on
a nonprofit basis is hereby exempt from local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property Tidewater Memorial Bicycle Park Fund, Inc. for
exclusively charitable purposes; .
(b) that each July 1, Tidewater Memorial Bicycle Park Fund, Inc. shall file with
the Commissioner of the Revenue a copy of its most recent federal income
tax return, or, if no such return is required, it shall certify its continuing tax
exempt status to the Commissioner of the Revenue;
(c) that every three years, beginning on July 1, 2012, Tidewater Memorial
Bicycle Park Fund, Inc. shall file an exemption application with the
Commissioner of the Revenue as a requirement for retention of the exempt
status of the property; and
(d) that Tidewater Memorial Bicycle Park Fund, Inc. cooperate fully with the
Commissioner of the Revenue with respect to audit of its financial records,
compliance with the terms of this ordinance.
4. That the effective date of this exemption shall be January 1, 2010.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
July, 2009.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
,~.-i-~_..,~-~~""~
APPROVED P.S TO CONTENT:
CA 11180
R-1
June 26, 2009
2
APPROVED AS TO LEGAL
SUFFICIENCY:
Z?~~
I Ii
1~.1
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Tidewater Memorial Bicycle Park Fund Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Tidewater Memorial Bicycle Park Fund Inc. is a non-profit charitable organization
incorporated in May 2003, provides bicycling activities for school age kids and adults to
help develop fundamental cycling skills in a safe setting through instruction, racing and
games.
. Promotes individual heath
. Promotes cycling as a transportation alternative
. In the past they have had weekly training races at the sportsplex. Open to the
public
. April 2008 in partnership with Parks & Rec. ran the Tour de Beach. (ages 5-14)
TAX IMPACT:
BPP
PP
Real Esta.te N/A
RELEVANT INFORMATION:
,--1-1-
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
AN ORDINANCE TO DESIGNATE VIRGINIA WILD
HORSE RESCUE AS BEING EXEMPT FROM LOCAL
PERSONAL PROPERTY TAXATION
WHEREAS, in accordance with ~ 58.1-3651 of the Code of Virginia, the Council of
the City of Vir~Jinia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local personal property taxes to Virginia Wild Horse Rescue.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates
Virginia Wild Horse Rescue as a charitable organization within the context of ~ 6(a)(6) of
Article X of thE~ Constitution of Virginia.
2. That personal property owned by Virginia Wild Horse Rescue located within the
City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis
is hereby exempt from local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property Virginia Wild Horse Rescue for exclusively
charitable purposes;
(b) that each July 1, Virginia Wild Horse Rescue shall file with the Commissioner
of the Revenue a copy of its most recent federal income tax return, or, if no
such return is required, it shall certify its continuing tax exempt status to the
Commissioner of the Revenue;
(c) ttlat every three years, beginning on July 1, 2012, Virginia Wild Horse
Rescue shall file an exemption application with the Commissioner of the
Revenue as a requirement for retention of the exempt status of the property;
and
(d) th at Virginia Wild Horse Rescue cooperate fully with the Commissioner of the
Revenue with respect to audit of its financial records, compliance with the
terms of this ordinance.
4. That the effective date of this exemption shall be January 1, 2010.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
July, 2009.
day of
Requires an affirmative vote of three-fourths of the members of the City Council.
I Ii
APPROVED AS TO CONTENT:
CA11168
R-1
June 18, 2009
2
I~"
APPROVED AS TO LEGAL
SUFFICIENCY:
1?~~~
I 1........1
OVERVIE'V OF NONPROFIT APPLICATION FOR EXEMPTION
VIRGINIA VVILD HORSE RESCUE
1624 N Muddy Creek Rd
Virginia Beach, VA 23456
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Virginia Wild Horse Rescue, is a non-profit charitable organization incorporated in May 2006, to
protect and preserve the free roaming wild horses, that roam into Virginia from North Carolina
and is dedicated to "Saving Our American Heritage For Future Generations'~ through the
enhanced education and preservation of the wild horses. These wild horses are true descendants
of the Colonial Spanish Mustangs (Banker Ponies) that have roamed the coast of Virginia and
North Carolina for over 400 years.
. Promotlng and enhancing public awareness through educational programs that give their
history and the importance of saving the wild Spanish Mustangs as our American
Heritagl~ for future generations.
. They establish sanctuaries for rescued wild Spanish Mustangs who can no longer remain
in the wild, to maintain herds with feed and hay as necessary in preparation for the
sanctuary and while in the sanctuary stay.
. To create a horse rescue unit that would not only serve the wild Spanish Mustangs, but
also act as a rescue unit for trailer accidents, search and rescue of horses or other large
animals in Virginia Beach, the state of Virginia and neighboring states after major natural
disaster~:.
TAX IMPACTl
Personal Property:
Business Propelty
Real Estate:
$106.56 (year)
$37.24 (year)
None
Commissioner of the Revenue Recommendation:
~
Approval
Disapproval
'I
i I I
Original Proposal
City Council Policy
Title: City Council Policy Regarding Applications for Tax Exemption by
Designation
Date of Adoption: February 3, 2004 I Dates of Revisions: May 6, 2008 Page 1 of 4
1.0 Purpose and Need
Purpose: To establish criteria for approval of resolutions by City Council to exempt, by
designation, local nonprofit organizations from real and personal property taxes. .
Need: City Council has requested guidance as to criteria for considering exemptions as well as a
procedure for reviewing requests for exemption from local property taxes. The O>mmissioner of
the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effon
to streamline the exemption review process for local nonprofit organizations and provide
necessary analysis and oversight of the application process.
Legislative Background: The Virginia Constitution provides that, after January I, 2003, local
governments may, by designation, exempt the real and personal property of nonprofit
organizations from local property taxes if used exclusively for religious, charitable, patriotic,
historical, benevolent, cultural, or public park and playground purposes. However, as provided
in Virginia Code ~ 58.1-3651, the local governing body must adopt an ordinance to exempt the
property.
2.0 Policy
The City Council is not required to designate any organization properly applying for exemption
from taxation, and every designation of an organization is conditioned upon compliance with the
terms of this policy and any ordinance granting the exemption. If an organization does not
comply with these requirements, the City Council may revoke the tax exemption after providing
notice and a hearing to the organization. Any revocation of an exemption shall be effective at the
beginning of the tax year during which the revocation occurs.
The applicant or a representative of the applicant shall provide the Commissioner of the Revenue
detailed information necessary to determine the benefits to the public that will result from
granting tax exemption. In considering applications, the Commissioner of the Revenue shall
employ the following guidelines:
Title: Cit{ Council Policy Regarding Applications for Tax Exemption by
Designation
Date of Adoption: February 3, 2004 I Dates of Revisions: May 6, 2008 Page 2 of 4
1. The organization must be exempt from federal income tax pursuant to Internal Revenue
CodE~ ~ 501(c).
2. Personal or real property for which an exemption is sought cannot be used by any member
of th~~ organization or other persons _except for non-profit purposes benefiting the non-profit
organization applying for exemption.
3. The organization must be in compliance with all City ordinances and regulations (including
but not limited to building, property maintenance, and zoning codes) and all applicable tax
oblig,~tions.
4. The organization must provide a service to the residents of the City that results in a benefit to
the public (tangible or intangible).
The following requirements apply to each entity exempted from local property taxes by the City
Council:
1. Upon obtaining exemption, the organization must annually submit (by July I of each year)
its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If
not required to file Form 990 or 990 EZ, then the organization must annually certify on
form(>) prescribed by the Commissioner of the Revenue its continuing tax exempt starns.
Loss of 501 (c) statuS must immediately be reported to the Commissioner of the Revenue and
City Attorney, and is grounds for revocation of tax exempt status.
2. Pursua.nt to Virginia Oxie ~ 58.1-3605, each entity exempted from local property taXes shall,
every ':hree years, file an exemption application with the. Commissioner of the Revenue as a
requir\~ment for retention of the exempt status of the property. The application form shall be
approved as to form by the City Attorney.
3. Each mtity exempted from local property taxes must cooperate fully with the Commissioner
of the Revenue with respect to audit of its financial records, compliance with the terms of this
policy, and compliance with any ordinance granting tax exemption.
.
3.0 Procedure to Accomplish Policy
1. Organilzarions applying for exemption must request a determination from the Commissioner
of the Revenue as to whether the organization is or may be tax-exempt by classification,
pursuant to Article 2 (~58.l-3606 et seq.) oflArticle 3 (~58.1-3609 et seq.) of Tide 58.1 of the
Virginia Code. If the organization is not exempt, but meets the criteria of organizations that
can be exempted by designation (see Virginia Code ~58.l-3651), the organization will receive
II
i I I
, I
Title: City Council Policy Regarding Applications for Tax Exemption by
Designation
Date of Adoption: february 3, 2004 I Dates of Revisions: May 6, 2008 Page 3 of 4
an application from the Commissioner of the Revenue. The application form shall request all
information required by Virginia Code ~58.l-3651 and be approved as to form by the City
Attorney.
2. Applications for exemption shall be considered quarterly. Applications for exemption must
be submitted to the Commissioner of the Revenue. Applications shall be submitted no later
than October 1 of the year preceding the effective date of the exemption. Based on the
criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review
each application and make a report to City Council regarding whether an organization
qualifies for exemption under law and City policy. The Commissioner of the Revenue will
not submit applications he deems incomplete to City Council for a determination.
3. The Commissioner of the Revenue shall forward copies of the applications along with his
written findings to the City Attorney. The City Attorney shall prepare the necessary
ordinances for City Council and coordinate with the City Clerk to ensure that the applications
are properly advertised and placed on the City Council's agenda for a public hearing and
formal consIderation.
4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia
Code ~58.l.3651, section 2.0 of this policy, and the findings of the Commissioner of the
Revenue.
5. Any exemptions granted shall be effective as of the next January 1.
6. Exemptions, as well as any departure from these guidelines, shall require approval by three-
fourths (3/4) of the members of City Council.
4.0 Responsibility and Authority
Responsibility for initiating application for exemption and timely providing. any information or
application required by the Commissioner of the Revenue shall rest with the organization seeking
exemption. Responsibility for making available information, application for exemption, verifying
submitted tax information and reporting on the initial and continuing stams of the taxpayer shall
rest with the Commissioner of the Revenue.
Responsibility for preparing required ordinances, arranging for the advertising of public hearings,
and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with
the City Attorney. Responsibility for the final determination of the public benefits resulting from
tax exemption shall rest exclusively with the City Council.
I '
I I
Title: City Council Policy Regarding Applications for Tax Exemption by
Designation
Date of Adoption: February 3, 2004 I Dates of Revisions: May 6, 2008 Page 4 of 4
5.0 Definitior.~
PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether
tangible or intangible, which may accompany the tax exemption.
LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real
estate or tangible personal property.
6.0 Specific Requirements
In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively,
documentation forwarded to the City Council shall include submission of an application form in
form and ~;ubstance substantially as presented in the attached Exhibit A, as well as any additional
information that the applicant wishes to present to the City Council.
'I II
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Ordinance to Amend City ~16-39 of the City Code Pertaining to Spot
Blight Abatement
MEETING DATE: July 14, 2009
. Background: Section 16-39 of the City Code, entitled "Spot Blight Abatement,"
authorizes the City to repair or acquire blighted property by eminent domain under
certain conditions. The state code has recently changed, resulting in a Jess
cumbersome process needed to make a determination regarding blighted properties.
The Planning Commission has been removed from the process. A city code change is
needed for the city to be in compliance with the state code. There are two basic
changes to the ordinance. The Planning Commission is no longer involved in reviewing
and determining if a property is blighted and the cost of repair or removal can be placed
as a lien on the property at the legal rate of interest (6%).
. Considerations: These amendments will speed up the spot blight abatement
process and allow for quicker resolution, and allow the City to recoup more of its
expenses.
. Public Information: This item will be advertised as a normal agenda item.
. Alternatives: These amendments will allow spot blight abatement to be in
compliance with the state code.
. Recommendations: Approval of the attached ordinance.
. Attachments: Ordinance
. !\ ~ ""
Recommended Action: Approval i \ () ~i II . I '1'....
Submitting Department/Agency: Dep~W~f1t!L'i~~ighbOrhOod
Preservation/Code Enforcement Division J \. I
City ManagerG~ k-, ~
'I "I
1 AN ORDINANCE TO AMEND SECTION 16-39
2 OF THE CITY CODE PERTAINING TO SPOT
3 BLIGHT ABATEMENT
4
5 Section Amended: 9 16-39
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
1 0 That Section 16-39 of the City Code is hereby amended and reordained to read
11 as follows:
12
13 Chapter 16 HOUSING AND BUILDING MAINTENANCE CODE
14
15
16 ARTICLE VI. HOUSING AND BUILDING MAINTENANCE CODE
17
18 Sec. 16-39. Spot blight abatement.
19
20 (a) The City of Virginia Beach, in accordance with Code of Virginia sections
21 36-49.1:1 et seq. may acquire or repair any blighted property, as defined in (b) below,
22 by exercise of the powers of eminent domain provided in title 25.1 of Code of V~rginia,
23 and further, shall have the power to hold, clear, repair, manage, or dispose of such
24 property for purposes consistent with this section. In addition, the city may recover the
25 cost of any repair or disposal of such property from the owner, or owners of record at
26 their last known address as contained in the records of the treasurer or the current real
27 estate tax assessment records.
28
29 (b) "Blighted property" means any individual commercial, industrial, or
30 residential structure or improvement that endangers the public's health, safety, or
31. welfare because the structure or improvement upon the property is dilapidated,
32 deteriorated, or violates minimum health and safety standards, or any structure or
33 improvement previously designated as blighted under the process for determination of
34 "spot blight".
35
36 (c) The city manager or his designee shall make a preliminary determination
37 that a property is blighted in accordance with this section. The city manager or his
38 designee shall notify the owner, or owners of record as determined in (a) above,
39 specifying the reasons why the property is considered blighted. The owner or owners
40 shall have thirty (30) days from the date the notice is sent within which to respond in
41 writing with a spot blight abatement plan to address the blight within a reasonable time.
42 A spot blight abatement plan is a written plan prepared by the owner or owners of
43 record of the real property to address spot blight.
44
45 (d) If the owner or owners of record fail to respond within the thirty-day period
46 with a written spot blight abatement plan that is acceptable to the city manager or his
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
designee, the city may (i) request the planning commission to conduct a public hearing
and make findings and recommendations th3t shall be reported to city council
concerning th€~ repair or othor disposition of the property in question and (ii) in the ovent
a public hearing is scheduled, shall prop3re a written spot blight abatement plan for the
repair or other disposition of the property may, by ordinance. declare the property
bliQhted.
(e) No spot blight abatement plan shall be effective until notice has been sent
to the property owner or owners of record as determined in (a) above and an ordinance
has been adopted by city council. Not less th3n three (3) weeks prior to the date of the
public he3ring before the planning commission, the commission shall provide by regular
and certified mail, notice of such hearing to (i) the m~mer of the blighted property or the
3gent designated by him for receipt of service of notioos concerning the payment of real
estate taxes '..vithin the locality; (ii)' the abutting property owners in each direction,
including thoslJ property owners immedi3tely across the street or road from the
property; and (iii) tho representative noighborhood assooiation, if any, for the immediate
area. The notice shall include the plan for the intended repair or other disposition of the
property. The notice of the public hearing shall be published at least twice, 'Nith not less
than six (6) days elapsing between the first and second publication in a ne'....spaper
published or having goneral circul3tion in the locality in '.vhich tho proRerty is located.
The notice also shall be posted on the property. The notice shall specify the time and
plaoe of the hearing at which persons affected may appear and present their views, not
less th3n six (6) days nor more than twenty one (21) days after tho seoond publication.
Written notice to the property owner shall be sent by reQular mail to the last address
listed for the owner on the locality's assessment records for the property. tOQether with a
COpy of any spot bliQht abatement plan prepared by the city.
(f) Tile planning commission, at this public hearing, shall determine If:hether:
f:t) The property is blighted;
~) The owner has failed to cure the blight or present a reasonable plan
te do so;
fJ) The plan for the repair or other disposition of the property is in
B{:cordance with the city's comprohensive pl3n, and the comprehensive
~flning ordinances; and
~) The property is located within an area listed on the National
~3gister of Historic Places. In Euch inEt:moes, the planning oommission
sflall consult with the architectur31 reviow board, regarding tho proposed
fepair or other disposition of the property by city council.
ffi} ill +:he planning commission shall report its findings and recommendations
concerning the property to city council. City council, upon reoeipt of such f4ndings and
recommendations, may after an advertiEed public hearing, affirm, modify, or reject the
pl3nning commission's findings 3nd rocommendations. If the repair or other disposition
of the property is approved, the city manager or his designee may carry out the
'I'I
92 approved plan to repair or acquire and dispose of the property in accordance with the
93 approved plan, the provisions of this section, and applicable law.
94
95 CO~ENT
96
97 The amendments to the enabling legislation for spot blight (SB1094) was changed effective
98 July 1, 2009 to remove the Planning Commission from the spot blight process and have City
99 Council declare the property blighted without the recommendation from the Planning Commission.
100
101 {g} If the ordinance is adopted by city council, the city shall have a lien on all
102 property so repaired or acquired under an approved spot blight abatement plan to
103 recover the cost of (i) improvements made by the city to bring the blighted property into
104 compliance with applicable building codes and (ii) disposal, if any. The lien on such
105 property shall bear interest at the leQal rate of interest. six (6) percent per annum. The
106 lien authorized by this section shall bo filed in the circuit court of the City of Virginia
107 Beach and shall be subordinate to any prior liens of record. may be recorded as a lien
108 amonQ the land records of the VirQinia Beach Circuit Court. which lien shall be treated in
109 all respects as a tax lien and enforceable as such. City council may recover its costs of
110 repair from the owner or owners of record of the property when the repairs were made
111 at such time as the property is sold or disposed of by such owner or owners. If the
112 property is acquired by the city through eminent domain, the cost of repair may be
113 recovered when city council sells or disposes of the property. In either case, the costs of
114 repair shall be recovered from the proceeds of any such sale.
115
116 (h) If the blighted property is occupied for personal residential purposes, city
117 council, in approving the spot blight abatement plan, shall not acquire by eminent
118 domain such property if it would result in a displacement of the person or persons living
119 in the premises. The provisions of this subsection shall not apply to acquisitions, under
120 an approved spot blight abatement plan, by the city of property which has been
121 condemned for human habitation for more than one year. In addition, if the city is
122 exercising the powers of eminent domain in accordance with title 25.1 of Code of
123 Virginia, it may provide for temporary relocation of any person living in the blighted
124 property provided the relocation is within the financial means of such person.
125
126 (i) In lieu of the acquisition of blighted property by the exercise of eminent
127 domain and in lieu of the exercise 'of other powers granted in subsections (a) through
128 (g), city council by ordinance, may declare any blighted property to constitute a
129 nuisance, and thereupon abate the nuisance pursuant to Code of Virginia section 15.2-
130 900 or section 15.2-1115. Such ordinance shall be adopted only after written notice by
131 certified mail to the owner or owners of the property at the last known address of such
132 owner as shown on the current real estate tax assessment books or current real estate
133 tax assessment records. If the owner does not abate or remove the nuisance and the
134 city abates or removes the nuisance at its expense. the costs of the removal or
135 abatement shall be a lien on the property and such lien shall bear interest at the leQal
136 rate of interest. six (6) percent per annum. beginninQ on the date the removal or
137 abatement is completed throuQh the date on which the lien is paid.
138
I '
139
140
141
142
143
144
145
146
147
148
U) The provisions of this section shall be cumulative and shall be in addition
to any remedies for spot blight abatement that may be authorized by law.
COMMENT
The amendments above will allow the City to charge interest at the legal rate (6%) for all
costs of repairs or demolition and to apply such costs as a lien on the property.
of
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2009.
day
CIENCY:
i I
./U f
./ City Attorney's Office
CA11127
R-4
June 29, 2009
i I
'I ,II I
~\t.B':'-""",
4~~~.t, .*~c./;,
le;~<r""'~:';_\~"
p: i ~S~:,
~~~~::~:::f?
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend and Reordain Section 10-1 of the City Code to Allow
Absentee Voting at the Courthouse Fire Station and Both Full-Service
Department of Motor Vehicles Locations
MEETING DATE: July 14, 2009
. Background: In the days preceding the November 2008 election, Virginia Beach
witnessed a surge in the number of voters who voted absentee in person. While not all
elections will match the historic turnout of that election, trends suggest that more and
more people will seek to vote absentee in person. Space limitations restrict the number
of voters who can simultaneously vote at the Central Absentee Voter Precinct at the Voter
Registrar's Office. Accordingly, the Virginia Beach Electoral Board voted on July 2, 2009
to authorize use of the Courthouse Fire Station as a satellite Absentee Voting location.
Additionally, in accordance with state law and State Board of Elections regulations, the
City's two full-service Department of Motor Vehicles locations (1712 Donna Drive and
3551 Buckner Boulevard) are also authorized satellite Absentee Voting locations. This
ordinance would add those two locations to the City Code's list of polling places.
. Considerations: These three locations meet requirements of the Americans with
Disabilities Act. If adopted by Council, these changes will become effective upon
approval by the U.S. Department of Justice pursuant to the Voting Rights Act of 1965, as
amended, beginning with the November 3,2009 General Election. Although the Central
Absentee Voter Precinct will continue to be used for all elections (including, for example,
primaries for state offices), the three satellite absentee voter precincts will be used only
for November Elections and Presidential Primaries.
. Public Information: The ordinance will be advertised as a routine agenda item.
An additionional notice will be placed in the newspaper prior to the Absentee Voting start
date.
. Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Voter RegistraraM AJ ~
City Manage~)t . ~~
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
46
AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY
CODE TO ALLOW ABSENTEE VOTING AT THE
COURTHOUSE FIRE STATION AND BOTH FULL-SERVICE
DEPARTMENT OF MOTOR VEHICLES LOCATIONS
SECTION AMENDED: ~ 10-1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 10-1 of the City Code is hereby amended and reordained, to read as
follows:
Sec. 10-1. Establishment of precincts and polling places.
There are hereby established in the city the following precincts and their respective
polling places, as set forth below:
Precinct
Polling Place
Alanton Elementary School
Kemps Landing Magnet School
Arrowhead Elementary School
Avalon Church of Christ
Ebenezer Baptist Church
Bayside Elementary School
Salem Middle School
Blackwater Fire Station
Virginia Beach Free Will Baptist Church
Brandon Middle School
Bow Creek Recreation Center
Green Run Baptist Church
Research and Enlightenment Building (Edgar
Cayce Library)
Back Bay Christian Assembly
Centerville Elementary School
Bayside Baptist Church
College Park Elementary School
Colonial Baptist Church
Lynnhaven Colony Congregational Church
Corporate Landing Middle School
Courthouse Fire Station
Creeds Fire Station
Salem United Methodist Church
Ocean Lakes High School
Green Run High School
1
Alanton
Aragona
Arrowhead
Avalon
Baker
Baysicie
Bellamy
Blackwater
Bonney
Brandon
Brookwood
Buckner
Cape Henry
Capps Shop
Centerville
Chesapeake Beach
College Park
Colonial
Colony
Corporate Landing
CourthDuse
Creeds;
Cromwell
Culver
Dahlia
I I
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
II I
Davis Corner
Eastern Shore
Edinburgh
Edwin
Fairfield
Foxfire
Glenwood
Great Neck
Green Run
Haygood
Hillcrest Precinct
Holland
Homestead
Hunt
Indian Lakes
Kings Grant
Kingston
Lake Christopher
Lake Joyce
Lake Smith
Landstown
Larkspur
Lexington
Linkhorn
Little Neck
London Bridge
Lynnhaven
Magic Hollow
Malibu
Manor
Mt. Trashmore
Newtown
North Beach
North Landing
Ocean Lakes
Ocean Park
Oceana
Old Donation
Pembroke
Pinewood
Plaza
Pleasant Hall
Point O'View
Red Wing
Reon
Rock Lake
Bettie F. Williams Elementary School
Eastern Shore Chapel
St. Aidan's Episcopal Church
Kempsville Recreation Center
Kempsville Presbyterian Church
Princess Anne Middle School
Glenwood Elementary School
All Saints Episcopal Church
Green Run Elementary School
Haygood United Methodist Church
Victory Baptist Church
Holland Elementary School
Providence Presbyterian Church
Princess Anne Recreation Center
Indian Lakes Elementary School
St. Nicholas Catholic Church
King's Grant Presbyterian Church
New Convenant Presbyterian Church
Morning Star Baptist Church
Bayside Church of Christ
Landstown Community Church
St. Andrews United Methodist Church
Kempsville Church of God
Virginia Beach Community Chapel
Lynnhaven United Methodist Church
London Bridge Baptist Church
Grace Bible Church
Virginia Beach Moose Family Center
Malibu Elementary School
Providence Elementary School
Windsor Woods Elementary School
Good Samaritan Episcopal Church
Galilee Episcopal Church
Hope Haven
Ocean Lakes Elementary School
Bayside Community Recreation Center
Scott Memorial United Methodist Church
Old Donation Center for Gifted
Pembroke Elementary School
Lynnhaven Presbyterian Church
Lynnhaven Elementary School
Kempsville Baptist Church Pleasant Hall Annex
Kempsville Church of Christ
Fraternal Order of Police, Lodge #8
Woodstock Elementary School
Salem Elementary School
2
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
Rosemont Forest
Roundhill
Rudee
Seatac<
Shannon
Shelbu -ne
Shell
Shelton Park
Sherry Park
Sigma
South Beach
Stratford Chase
Strawb -idge
Tallwood
Thalia
Thoroughgood
Timberlake
Trantwood
Upton
Village
Windsc r Oaks
Witchduck
Wolfsnare
Central Absentee Voter
Precinct
Satellite Absentee Voter
Precincts (on Iv for November
Elections and Presidential
Primari~
Rosemont Forest Elementary School
Salem High School
Virginia Beach Volunteer Rescue Squad Building
Mount Olive Baptist Church
Church of the Ascension
Christopher Farms Elementary School
Unity Church of Tidewater
Shelton Park Elementary
St. Matthews Catholic Church
Red Mill Elementary School
Contemporary Art Center of Virginia
Community United Methodist Church
Strawbridge Elementary School
Tallwood Elementary School
Thalia Elementary School
Independence Middle School
White Oaks Elementary School
Virginia Beach Christian Church
Three Oaks Elementary School
Thalia Lynn Baptist Church
St. Francis Episcopal Church
Bayside Presbyterian Church
Virginia Beach Christian Life Center
AgricultureNoter Registrar Building
Courthouse Fire Station. Department of Motor
Vehicles Office-Donna Drive. Department of
Motor Vehicles Office-Buckner Boulevard
122 Adopted by the City Council of the City of Virginia Beach, Virginia, on this
123 day of . 2009.
APPROVED AS TO CONTENT:
A . ~,.. J _ ,
~/(tQn~~
Voter Registrclr
CA 11236
R-3
July 6, 2009
APPROVED AS TO LEGAL
SUFFICIENCY:
f~
City Attorney's OffiCr
3
i I
I II I
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Approve the Acquisition of Mulching Equipment from the
Southeastern Public Service Authority (SPSA) and Payment of the Sales Price
by a Reduction in the Amount SPSA Owes the City
MEETING DATE: July 14, 2009
. Background: For many years SPSA operated a mulching facility at the Virginia
Beach Landfill, providing retail sales of the finished product. In January 2009, as a cost-
cutting strategy, SPSA ceased its mulching operation. SPSA has moved some of their
equipment to the Suffolk Landfill. SPSA has offered to sell the remaining equipment to
Virginia Beach for $126,500. A staff review of market prices for similar equipment
confirms this is a fair price. The equipment offered by SPSA consists of tub grinder, a
screener, and a colorant pumping system. The payment would be deducted from the
funds that SPSA will be reimbursing to Virginia Beach after July 1, 2010. Although no
cash outlay is required, City Council approval is needed.
. Considerations: The purchase and use of mulching equipment presents the
opportunity to the City to save money and be environmentally friendly. By mulching
woody debris, the City reduces material that would otherwise occupy area landfills, anp
by creating its own mulch, City departments would not need to purchase retail mulch.
The projected yearly savings in tipping fees is $377,000. The projected yearly savings
in mulch purchasing is $55,000. Based on these projected savings, the equipment will
pay for itself in less than one year. Additionally, the City has approximately 120,000
tons of woody debris from Hurricane Isabel buried at the City Landfill that can be mined
and mulched, creating a year of air space.
. Public Information: Advertisement will be as part of the normal agenda
process.
. Alternatives: Do not acquire the equipment from SPSA and continue to
purchase mulch at market rates.
. Recommendations: Acquire the mulching equipment from SPSA.
. Attachments: Ordinance; Summary of Transaction.
Recommended Action: Approval
Submitting Department/Agency: Public ,^47,...q f t!{.At!.
City Manage~ k .~'"/-
i I I i I I
1 AN ORDINANCE TO APPROVE THE ACQUISITION OF
2 MULCHING EQUIPMENT FROM THE SOUTHEASTERN
3 PUBLIC SERVICE AUTHORITY (SPSA) AND PAYMENT
4 OF THE SALES PRICE BY A REDUCTION IN THE
5 AMOUNT SPSA OWES THE CITY
6
7 WHEREAS, the Southeastern Public Service Authority has terminated its
8 mulching operating at the Virginia Beach Landfill and has offered the remaining
9 mulching equipment to the City for $126,500 in exchange for reducing the City's current
10 loan to SPSA.
11
12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
13 VIRGINIA, THAT:
14
15 1. The City Manager, or his designee, is hereby authorized to sign an
16 agreement to purchase mulching equipment at the Virginia Beach Landfill from the
17 Southeastern Public Service Authority; and
18
19 2. The purchase price ($126,500) shall be deducted from the amount of
20 funds SPSA owes the City in the General Fund reserve for loans.
21
22 3. The $377,000 savings shall be transferred to the Reserve for
23 Contingencies. .
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 2009.
Approved as to Content:
Approved as to Legal Sufficiency:
~&~
anage e Services '----
~~.
City Attorney's Office ~
CA11181
R-3
July 8, 2009
SUMMARY OF MATERIAL TERMS OF TRANSACTION
Parties:
City of Virginia Beach (City)
and
Southeastern Public Service Authority (SPSA)
Purpose:
SPSA proposes to sell a tub grinder, screener, and colorant pumping system to the City.
Material Terms:
. The assets are being sold to the City "as is/where is."
. The sale price for the items will be netted against the current deferral of funds that
SPSA owes to the City.
. SPSA proposes a total cost of$126,500 for all three items (SPSA's acquisition
cost for the three iter,ns was $605,922).
i' I
I II I
<J
\<,. ~
1.,..,,: ;{I
~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize Temporary Encroachments into a public drainage
easement located at the rear of 2031 Echo Cove, for Janelle A. Thomas and
Jennifer A. Hedrick
MEETING DATE: July 14, 2009
. Background:
Janelle A. Thomas and Jennifer A. Hedrick have requested permission to
maintain an existing bulkhead, and to construct and maintain a wharf, boat lift,
and floating dock, all to be located into a public drainage easement located at the
rear of 2031 Echo Cove, Virginia Beach, Virginia 23454.
. Considerations:
City Staff has reviewed the requested encroachments and has recommended
approval of same, subject to certain conditions outlined in the Agreement. There
are similar encroachments in Echo Cove.
In accordance with the recommendations of City Council to help address water
quality protection in conjunction with Temporary Encroachments onto City
easements, the requested encroachments have been reviewed by the
Department of Planning/Environmental Management Center. Staff is of the
professional opinion that the establishment of a 15 foot wide vegetated riparian
buffer area consisting of under story trees and shrubs in a mulched bed running
the entirety of the shoreline adjoining the applicants' property is feasible and
warranted to help reduce long term water quality impacts associated with the
existing and proposed encroachments.
The applicants have submitted a plan for establishing a 15 foot wide vegetated
riparian buffer that has been reviewed and approved by the Department of
Planning/Environmental Management Center.
. Public Information:
Advertisement of City Council Agenda
. Alternatives:
Approve the encroachments as presented, deny the encroachments, or add
conditions as desired by Council.
. Recommendations:
Approve the request subject to the terms and conditions of the Agreement.
. Attachments:
Ordinance, Agreement, Plat, Pictures and Location Map
Recommended Action: Approval of the ordinance.
Submitting Department/Agency: Public WorkslReal Esta~... e c::r,<lt
City Manager: c~ k .~ 'iTT-'
I i 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
46
1111
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS
INTO A PUBLIC DRAINAGE
EASEMENT LOCATED AT THE REAR
OF 2031 ECHO COVE, FOR JANELLE
A. THOMAS AND JENNIFER A.
HEDRICK
WHEREAS, Janelle A. Thomas and Jennifer A. Hedrick desire to maintain an
existing bulkhead and to construct and maintain a wharf, a boat lift, and a floating dock
into a public drainage easement located at the rear of 2031 Echo Cove, in the City of
Virginia Beach, Virginia.
WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107,
Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
City's easements subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof contained in 99 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, Janelle A. Thomas and
Jennifer A. Hedrick, their heirs, assigns and successors in title are authorized to
maintain and to construct and maintain temporary encroachments for an existing
bulkhead, a wharf, a boat lift, and a floating dock into the public drainage easement as
shown on the map marked Exhibit "A" and entitled: "EXHIBIT "A" ENCROACHMENT
OF EXISTING BULKHEAD & PROPOSED WHARF, BOAT LIFT, AND FLOATING
DOCK INTO A PUBLIC DRAINAGE EASEMENT," a copy of which is on file in the
Department of Public Works and to which reference is made for a more particular
description; and
BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
subject to those terms, conditions and criteria contained in the Agreement between the
City of Virginia Beach and Janelle A. Thomas and Jennifer A. Hedrick (the
"Agreement"), which is attached hereto and incorporated by reference; and
BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
is hereby authorized to execute the Agreement; and
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
time as Janelle A. Thomas and Jennifer A. Hedrick and the City Manager or his
authorized designee execute the Agreement.
of
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2009.
day
CA-11035
X:IOIDlREAL EST A TEIEncrcachmenlslPW OrdinanceslCA 11035 Thomas & Hedrick Ordiance.doc
V:\applicalionslcilylawprodlc)'com32IWpdocslD018IP006100016246.DOC
R-1
PREPARED: 6/23/09
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~~~gR:~::~L ESTAT~1?
r- f'
I \' lJiL i jv~.C\
Nell L. Ford,
Special Council for the City Attorney
Ii I
I 'II
PREPARED BY VIRGINIA BEACH
CITY A TIORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 23 day of J UN E, 2009, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and JANELLE A. THOMAS and JENNIFER
A. HEDRICK, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee",
even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as "Lot 39A" as shown on that certain plat
entitled: "RESUBDIVISION OF LOTS 39 & 40, BAYCLlFF, SECTION 3 (M.B. 90, Pg.
27) L YNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA," and said plat is recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map
Book 94, at page 46, and being further designated, known, and described as 2031 Echo
Cove, Virginia Beach, Virginia 23454;
WHEREAS, it is proposed by the Grantee to maintain an existing
bulkhead and to construct and maintain a wharf, a boat lift, and a floating dock,
collectively, the "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
City public drainage easement, the "Encroachment Area"; and
GPIN: 2409-31-3586-0000
'NHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the
City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
Bhown on that certain plat entitled: "EXHIBIT "A"
ENCROACHMENT OF EXISTING BULKHEAD &
PROPOSED WHARF, BOAT LIFT, AND FLOATING DOCK
INTO PUBLIC DRAINAGE EASEMENT," a copy of which is
attached hereto as Exhibit "A" and to which reference is
made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
'it is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thil1y (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and Hxpenses of such removal.
2
i I
II I
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the granting of the
Temporary Encroachment into the Encroachment Area (Le. the City's public drainage
easement) does not absolve the Grantee's obligation to obtain any necessary or
required approvals and/or permits from other public and/or private entities.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Department of Planning prior to commencing any construction with the
Encroachment Area (the "Permit").
It is further expressly understood and agreed that the Grantee shall
establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width
landward from the shoreline, shall run the entire length of the shoreline, and shall
consist of a mulched planting bed and contain a mixture of shrubs and perennial plants
(the "Buffer"). The Buffer shall not be established during the months of June, July, or
3
August, so that it has the greatest likelihood of survivability. Prior to the City issuing a
Permit, the Grantee must post a bond or ot her security, in an amount equal to the
estimated cost of the required Buffer plantings, to the Department of Planning to insure
completion of the required Buffer. The Grantee shall notify the Department of Planning
when the Buffer is complete and ready for inspection; upon satisfactory completion of
the Buffer as determined by the City, -the bond shall be released. An access path,
stabilized appropriately to prevent erosion, through the Buffer to the shoreline is
allowed.
It is further expressly understood and agreed that the Grantee must obtain
and keep in fo rce all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined sin!~le limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setbacks requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
4
i I
I II I
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Janelle A. Thomas and Jennifer A. Hedrick, the
said Grantee, have caused this agreement to be executed by their signatures. Further,
that the City of Virginia Beach has caused this agreement to be executed in its name
and on its behalf by its City Manager and its seal be hereunto affixed and attested by its
City Clerk.
(THE.REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
i i
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2009, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE"CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
Notary Public
(SEAL)
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST: .
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
I 2009, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
II I
II I
-JJA~:~
~i:0~g~N~~~~ ::b6AcJ{ . to-wit
The foregoing instrument was acknowledged before me this 2:3 day of
JUN~
, 2009, by Janelle A. Thomas.
(i{~~7T(SEAl)
o ary Public
Notary Registration Number: 19 g 2,>Lf.
My Commission Expires: Rf 311 cP ,~
STATE OF VIRGINIA I .9 ./ .
CITY/c~ur<m' OF y(J~lte}-( ,to-wit:
The foregoing instrument was acknowledged before me this 2\=1 day of
IOIMD. um
..,,..
C"'II1Ja .,......
....
...
V<.IJ.lE
,2009, by Jennifer A. Hedrick.
~gdJ7r(SEAl)
otary ublic
Notary Registration Number: I ~.c3 ~Y:?
My Commission Expires: .4~~~ ~/~
7
Ii, IOf'
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
I"' c~<'
' -' '.....0........
NATURE
!'vD
'\ ~
! \'" i\' ~" 1'\.' r1 . ,~! ~-, J,
t } .1 " ,I .' '\
",C',,''-,-:::-:f '.....)<.1 "
" ~'.'
Neill. Ford,
Special Counsel for the City Attorney
PLD Kr~ I n~
DEPARTMENT
G:\USERS\SHARED\WP80\RE\Real Estate Forms\WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc
8
-" Jl- /
#I' EXISTING BULKHEAD j. -J
./ 88' LONG x 8" WIDE
/' PROPOSED 3' x 25' WHARF
#I' PROPOSED 11' x 13' BOAT lIFT
_ /" PROPOSED 10' x 20' FlOATING DOCK
4Y' 80
,..
"
/
SCALE 1- = 40'
---
o
I
w
6
()
o
:r:
()
w
I-
Z
go
-Hn.~
b>-
0<0::
,.,me
--
II
10.5'
S.S'
25.8'
.--
3.0'
25.4'
DIMENSION INSERT
SCALE: .... · 20'
,
Q,
0--1
51'
o
T
10.0'
L
!-"- 20.2' ---;
3.3'
S86'4/1'1S"E
---
222.02'
LOT 38
NOW OR FORMERLY
JANE H & LAWRENCE H JR WOODWARD
2029 ECHO cove
GPIN 2409-31-3649
M.a. 94, PG. 46
I
--
--
,
I
~/~
'" Ie)
t'\I ~'" .
"
~ ::: lOT 33
~ NOW OR FORMERLY
, ALFRED L. 11/ & DANA l.
1537 BAY POINT DRIVE
GPIN 2409-31-5589
M.B. 94, PG. 46
- PROPOSED 15'
RIPARIAN BUFFE
I
I
NOW OR FORMERLY
CITY OF VIRGINIA BEACH
PUBLIC DRAINAGE EASEMENT
EX BIT "AM
ENCROACHMENT OF EXISTING BULKHEAD &
PROPOSED WHARF, BOAT LIFT, AND FLOATING FEBRUARY 5 2009
-~~~~~:~:~~~~!-. . ~~~~~--.ji:€.~ in~
2031 ECHO COVE A TRIBUTARY OF
'060 Lynnh..ven P","w"y
VIRGINIA BEACH, VA 23454 BRO~D BAY Vi'g'ni" Sudr
ME PROJECT#VB08.187 VIRGINIA BEACH (757)689.4840
APPLICANT INFORMATION:
JANELLE THOMAS &
JENNIFER HEDRICK
2031 ECHO COVE
VIRGINIA BEACH. VA 23454
1'1 III
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Extending and Changing the Composition of the Bayfront
Advisory Committee
MEETING DATE: July 14, 2009
. Background: The City Council established the Shore Drive Advisory
Committee (SDAC) in February, 1998. The Mission of the SDAC as redefined by the
City Council on February 3, 2004 is to:
· Familiarize itself with the Urban Land Institute's Bayfront Study and the various
uses associated with development of the Corridor;
· Develop an aesthetics and urban design plan for the Corridor using the Bayfront
Study as a foundation for such plan;
· Identify a series of recommended projects and actions to implement the
aforesaid aesthetics and urban design plan, and to prioritize such projects and
plans;
· Facilitate the establishment of public-private partnerships to achieve the goals
and recommendations of the Urban Land Institute's Bayfront Study. and the
Committee;
· Investigate alternative funding sources for projects within the Corridor;
· Engage in public information efforts regarding the Committee's work and efforts;
and
· Monitor the progress of those projects and plans which are implemented.
City Council changed the name of the SDAC to the Bayfront Advisory Committee (BAC)
in 2006.
The BAC continues to perform its duties and responsibilities and performs a vital
function assisting the Council in determining the appropriate course of action to take
with respect to the Bayfront Corridor. The BAC needs an extension of time to
accomplish the mission with which it has been charged.
The composition of the BAC includes the Planning Commission members from the
Lynnhaven and Bayside districts and 9 citizens. With citizen input the BAC determined
that it would be more expedient to include the Planning Commission members as ex
officio members and to add two more citizen members.
. Considerations: The BAC is currently involved with the review of the relevant
laws and studies that have been done in the Bayfront Corridor to determine if there are
revisions to be made and continues to provide the assistance to City Council and
citizens that is the crux of its mission
I I ,
. Recommendations: Approval of the resolution to extend the Bayfront Advisory
Committee and change its composition.
. Attachment: Resolution
REQUESTED BY COUNCILMEMBER WOOD AND VICE MAYOR JONES
2
i I I
II III I
REQUESTED BY VICE-MAYOR LOUIS R. JONES AND COUNCILMEMBER
JAMES L. WOOD
1 A RESOLUTION EXTENDING THE EXISTENCE AND
2 CHANGING THE COMPOSITION OF THE BAYFRONT
3 ADVISORY COMMITTEE
4
5 WHEREAS, in February 1998, the City Council established the Shore Drive
6 Advisory Committee; and
7
8 WHEREAS, pursuant to Resolution No. 3218, adopted on November 28, 2006,
9 the Shore Drive Advisory Committee was renamed the and its existence was extended
10 to June 30, 2009; and
11
12 WHEREAS, the Bayfront Advisory Committee (the "Committee") continues to
13 perform its duties and responsibilities and performs a vital function in assisting the
14 Council in determining the appropriate course of action to take with respect to the
15 Bayfront area; and
16
17 WHEREAS, the City Council, upon recommendation of the Committee, with
18 citizen participation, believes that the composition of the Committee should be changed;
19
20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
23 1. That City Council hereby changes the composition of the Bayfront Advisory
24 Committee to four (4) ex officio members, who shall be the Planning Commissioners
25 and City Councilmembers from the Bayside and Lynnhaven Districts, and eleven (11)
26 citizen members.
27
28 2. That City Council hereby extends the existence of the Bayfront Advisory
29 Committee ("BAC") to June 30, 2014.
30
31 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of
32 , 2009.
APPROVED AS TO LEG~L !
SUW~IENCY: fY/ 11~ '
City Atl~ffice
CA10833/R-3/June 23,2009
i I I
1,1 III I
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend the FY 2009-10 Operating Budget of the Department of
Housing and Neighborhood Preservation
MEETING DATE: July 14, 2009
. Background: Approximately 90% of the Department of Housing and
Neighborhood Preservation's operating budget consists of federal funds provided
through the U.S. Department of Housing and Urban Development (HUD). Notification of
the actual amounts of funding was received well after the opportunity to include the
actual amounts in the City's operating budget that was approved on May 12th for FY
2009-10. Therefore, it is necessary for Council to appropriate additional funds and
approve significant changes to reconcile to the actual budget amounts. Additional
changes are recommended based on the latest information on income received in FY
2008-09 and actual funding amounts. Because of the changes, staff have re-advertised
the City's plan for the use of federal funds and provided the public with the requisite
thirty-day comment period. The late federal notification, plus the time period required for
public comment, has resulted in scheduling this item for July 14th.
. Considerations: Council action is required to appropriate funds and to make
significant adjustments to budgeted amounts.
The largest proposed change in the budget is a reduction of $1.5 million in Housing
Choice Voucher Program revenue. This decrease in federal revenue results from a
policy change that provides direct funding from HUD in the form of the vouchers to
people who have moved to Virginia Beach, rather than billing other housing agencies.
Because of limits on both the F1umber of people who can be served as well as the
amount of funds that can be used, this change does not reduce the actual level of
service the Department provides. Rather, the change assures that our program will stay
within both funding and unit limits.
. Public Information: Changes in the use of Federal funds were advertised in the
Beacon on June 11th. In addition, agencies receiving funding have been notified. Other
public information will be coordinated through the traditional Council agenda process.
. Attachments: Ordinance; Summary of Changes
..
Recommended Action: Approval 1\..' .~. ..~~ L ..
\'. W~
Submitting Department/Agency: Dept. i6t H \J ing and Neighborhood Preservation
City Manager: ~ k . Ofjbo'-'1.
Ii I
< "I. "I 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
46
AN ORDINANCE TO AMEND THE FY 2009-10
OPERATING BUDGET OF THE DEPARTMENT OF
HOUSING AND NEIGHBORHOOD PRESERVATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the Department of Housing and Neighborhood Preservation's FY 2009-10
Operating Budget is amended by the amounts and purposes set forth below:
(A) Estimated federal revenue of $101,957 was not received for the CD
Loan and Grant Fund, and as such, $101,957 of previously appropriated funds is
hereby reduced within the CD Loan and Grant Fund;
(B) Estimated federal revenue of $20,000 was not received for the
Community Development Special Revenue Fund, and as such, $20,000 of previously
appropriated funds is hereby reduced within the Community Development Special
Revenue Fund;
(C) Estimated federal revenue to the Federal Housing Assistance Grant
Fund has increased by $138,521 and is hereby appropriated for the purpose of
providing housing services;
(D) Estimated federal revenue to the Grants Consolidated Special Revenue
Fund has increased by $33,118 and is hereby appropriated for the purpose of providing
housing services;
(E) Estimated federal revenue of $1,429,711 was not received for the
Section 8 Program Special Revenue Fund, and as such, $1,429,711 of previously
appropriated. funds is hereby reduced within the Federal Section 8 Program Special
Revenue Fund;
(F) $20,000 is hereby transferred from the Federal Section 8 Program
Special Revenue Fund to the Community Development Special Revenue Fund to fund
operational costs and ensure compliance with federal administrative cap requirements.
(G) $38,849 is hereby transferred from the CD Loan and Grant Fund to the
Community Development Special Revenue Fund to fund operational costs for a non-
profit homeless facility in Virginia Beach.
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2009.
day
of
Requires an affirmative vote by a majority of all the members of City Council.
I I ,
/''i
APPROVED AS TO LEGAL
SUFFICIENCY:
APPROVED AS TO CONTENT:
1\ ;
,......" ,
;\ n i! If!
lJcWc~Q.I~
Management Services '
~~/
CA. 's Office
CA11184
R-2
July 1, 2009
Ii I
"I "I I
Attachment to Ordinance to Amend Department of Housing's Operating Budget City Council July 14, 2009
Item Amount Comment
Decrease estimated program income ($100,000) The housing downturn has severely impacted
(repayment of loans) in the CD Loan refinancings and housing sales, thus reducing
and Grant Fund (181) loan repayments. Staff expect this to continue
in FY 2009-2010.
Decrease estimated program income ($20,000) Reduction is based on actual FY 2008-09
in the Community Development experience with new fee collection for this
Special Revenue Fund (180) program.
Transfer appropriations from CD Loan $38,849 To fund operational costs for a homeless
and Grant Fund (181) to the facility.
Community Development Special
Revenue Fund (180)
Transfer General Fund appropriations $20,000 To fund operational costs and ensure
from the Federal Section 8 Program compliance with Federal administrative cap
Special Revenue Fund (147) to the requirements,
Community Development Special
Revenue Fund (180)
Decrease grant revenue in the CD Loan ($1,957) This adjusts the grant revenue to the actual
and Grant Fund (181) amount.
Appropriate additional HOME program $150,063 This adjusts the grant revenue to the actual
revenue in the Federal Housing amount.
Assistance Grant Fund (182)
Reduce American Dream Down- ($11,542) This program has been discontinued by HUD.
payment Initiative Revenue in the
Federal Housing Assistance Grant Fund
(182)
Appropriate additional HOPWA $34,215 This adjusts the grant revenue to the actual
revenue in the Grants Special Revenue amount.
Fund (183)
Reduce Emergency shelter grant ($1,097) This adjusts the grant revenue to the actual
revenue in the Grants Special Revenue amount..
Fund (183)
Increase Housing Choice Voucher $96,455 This is an updated estimate based on the actual
Administrative Revenue in the Federal formula provided by HUD.
Section 8 Program Special Revenue
Fund (147)
Decrease Housing choice Voucher ($1,526,166) This decrease is due to an administrative
housing payment revenue in the change, which does not affect the number of
Federal Section 8 Program Special persons assisted. This change is required to
Revenue Fund (147) adjust utilization of available funding over time,
and involves funding certain households with
I
directly-received funding rather than obtaining
payment from other housing authorities.
I I I
Significant* Changes in the Use of Federal Funds from the Adopted Budget
Project Name and Change Amount Comment
Added a New ProjE!ct: $370,000 This amount is partial funding set aside to begin
Relocation/Replac(!ment of the accumulating funding. The project is necessary
lighthouse Center in the CD Loan and due to potential future redevelopment.
Grant Fund (181)
Added a New Project: $47,530 This amount is for planning purposes to support
The Healing Place in the CD Loan and the development of a regional facility for
Grant Fund (181) homeless substance abusers.
*The changes listed here are only those which involve the proposal of a new project. Multiple smaller
changes and fund substitutions are being made but do not involve program or policy changes or new
programs or facilities.
I i I
1'1 III I
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Grant Funds to the FY 2009-10
Operating Budget of the Department of Juvenile Probation for the Purpose of
Promoting Systematic Change in the Local Juvenile Justice System
MEETING DATE: July 14, 2009
. Background: The United States Department of Criminal Justice Services (DCJS)
has awarded the Department of Juvenile Probation (Virginia Beach Court Service Unit)
funding through the federal Juvenile Accountability Block Grant (JABG). The "Systems
Change Initiative" grant will be active from July 1, 2009 through June 30, 2010. This
grant will provide $43,828 of federal funding with a $4,870 local match requirement.
The "Systems Change Initiative" grant funding will be used to promote systematic
change in the local juvenile justice system. This funding will fill the need for a part-time
FTE to oversee detention initiatives and internal policy and procedure changes. The
funding for the part-time FTE is renewable for up to four years, and the part-time FTE
has been designed to dissolve at the termination of the grant funding.
. Considerations: The grant provides an opportunity to fund important changes in
the local juvenile justice system, The local match requirement is minimal considering
the amount of funding received and the significant projects that can be accomplished
with these funds. The grant match is to be accomplished through a transfer within the
operating budget of the Department of Juvenile Probation.
. Public Information: Public information will be provided through the normal Council
Agenda process.
. Alternatives: No other funding is available for these projects at this time.
. Recommendations: It is recommended that Council accept and appropriate the
grant award of $43,828 and allow for the grant match to be transferred from Juvenile
Probation's operating budget.
. Attachments: Ordinance
Recommended Action: Approval of Ordinance
Submitting DepartmentlAgency: Department of Juvenile Probation #
City Manager:~ l. ~
1'1 III
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 GRANT FUNDS TO THE FY 2009-10 OPERATING
3 BUDGET OF THE DEPARTMENT OF JUVENILE
4 PROBATION FOR THE PURPOSE OF PROMOTING A
5 SYSTEMATIC CHANGE IN THE LOCAL JUVENILE
6 JUSTICE SYSTEM
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 1. That $43,828 in grant funding is hereby accepted from the Department of
12 Criminal Justice Services through the Juvenile Accountability Block Grant and
13 appropriated to the FY 2009-10 Operating Budget of the Department of Juvenile
14 Probation for the purpose of funding a part-time FTE to oversee detention initiatives and
15 internal policy changes, with federal revenues increased accordingly. This position is to
16 dissolve once grantfunds have been exhausted.
17
18 2. That $4,870 is hereby transferred within the FY 2009-10 Operating Budget
19 of the Department of Juvenile Probation for the required match.
Requires an affirmative vote by a majority of all of the members of City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 2009.
Approved as to Content:
Approved as to Legal Sufficiency:
C\. '
.,' )~U
Management Services
~~
CA11182
R-2
July 1, 2009
1,,1.1
. Systems Change Coordinator (SCe):
o Will be responsible for developing internal processes, training, policies, collaborations,
and identifying appropriate data collection strategies.
. Systematic Change Coordinator will evaluate and focus on the following 5 areas for systematic
change:
o Education and Training. The SCC will work to train and education local court staff as
well as community partners on the "What Works" research and evidence based
practices. This education will change how community partners and the courts address
the needs of youth within the juvenile justice system.
o tlppropriate Linkage to Services. Ensuring a Prescreening / full-screening of youth is
implemented so that appropriate services are assigned to each youth based on risk level
and need.
o Mental Health/Substance Abuse Assessments: The SCC will coordinate with community
service providers to find the most suitable treatment programs and to expedite the
process for mental health and substance abuse evaluations.
o [lletention Alternatives: The SCC will focus on evaluating the juvenile detention
population and to develop other less restrictive programs for appropriate youth.
Alternative placements will be offered as opposed to blanketing minor/major offenses
with the same punishment.
o It!ngth of Stay: The SCC will evaluate the current mechanisms and procedures that are
u;ed in tracking detained youth. The SCC will also identify disparities in the length of
stay for juveniles (i.e., why some are detained three times as long as others). If gaps
are found in the processes the SCC will work to close the gaps and work with the
necessary parties affected by the change.
. Planned use of Grant Funds:
o Salary/Fringe:
$28,441
o Travel/Sub:
$12,481
o Equipment:
$ 452
o Supplies/Training Equip:
$ 7,324
Total Cost
$48,698
"I "I
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Grant Funds to the FY 2009-10
Operating Budget of the Department of Juvenile Probation for the Purchase of
Electronic Training Equipment
MEETING DATE: July 14, 2009
. Background: The United States Department of Criminal Justice Services (DCJS)
has awarded the Department of Juvenile Probation (Virginia Beach Court Service Unit)
funding through the federal Juvenile Accountability Block Grant (JABG). The "One-
Time" equipment and training grant will be active from July 1 J 2009 through September
30,2009 and provides $13,360 in federal funds with a $1,485 local match requirement.
The grant funding will be used to purchase electronic equipment to accommodate the
special training needs of the Virginia Beach Court Service Unit. Due to budget
constraints, these items were not funded through the annual budget process.
. Considerations: The match requirement is minimal considering the amount of
funding received and the significant projects that can be accomplished via these funds.
The grant match is to be accomplished through a transfer within the operating budget of
the Department of Juvenile Probation.
. Public Information: Public information will be provided through the normal Council
Agenda process.
. Alternatives: No other funding is available for these projects at this time.
. Recommendations: It is recommended that Council accept and appropriate the
grant award of $13,360 and allow for the grant match to be transferred from Juvenile
Probation's operating budget.
. Attachments: Ordinance
Recommended Action: Approval of Ordinance
Submitting Department/Agency: Department of Juvenile Probation ~
City Manager: t ,~
1",1 I
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 GRANT FUNDS TO THE FY 2009-10 OPERATING
3 BUDGET OF THE DEPARTMENT OF JUVENILE
4 PROBATION FOR THE PURCHASE OF ELECTRONIC
5 TRAINING EQUIPMENT
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 1. That $13,360 in grant funding is hereby accepted from the Department of
11 Criminal Justice Services through the Juvenile Accountability Block Grant and
12 appropriated to the FY 2009-10 Operating Budget of the Department of Juvenile
13 Probation for the purpose of purchasing electronic training equipment to accommodate
14 the special training needs of the department, with federal revenues increased
15 accordingly.
16
17 2. That $1,485 is hereby transferred within the FY 2009-10 Operating Budget
18 of the Department of Juvenile Probation for the required match.
Requires em affirmative vote by a majority of all of the members of City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 2009.
Approved as to Content:
Approved as to Legal Sufficiency:
.~f)~f) ~~
Management Services )
--Ufl4---
. tt y's Office
CA11183
R-2
July 1, 2009
1'1 III
~)
s:,
(' .,
(;. ~
~"'-~. ,.",-~{I
-.....-~~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer Funds from the General Fund Reserve for
Contingencies in the FY 2008-09 Operating Budget to the Virginia Beach General
District Court
MEETING DATE: July 14, 2009
. Background: On April 30, 2009, the City Manager approved a transfer of
$80,000 to supplement the original budget for court appointed attorney's fees. Since
this transfer exceeded $25,000, it was reported to City Council. After reviewing
expenditures for FY 2008-09, an additional $90,000 is requested. Since the cumulative
total of these two transfers is in excess of $100,000, this request must be placed on the
City Council agenda for consideration.
. Considerations: The caseload in the General District Court criminal and traffic
divisions is on the rise, and with current economic conditions, more defendants do not
have the means to provide for their own attorney.
In addition to the increased caseload, City costs are determined based on the nature of
the charge. If an attorney is required to be appointed to defend an individual from a City
charge, the City is responsible .for bearing these costs, while the state is responsible
when a state charge applies.
If a case involving a court appointed attorney is appealed from the General District
Court to the Virginia Beach Circuit Court, the funds to pay the attorney are still charged
to General District Court.
Adoption of this Ordinance would leave a balance of $30,109 in the General Fund
Reserve for Contingencies for FY 2008-09.
. Public Information: Information will be disseminated to the public through the
normal Council agenda process through the advertisement of the City Council agenda.
. Recommendations: It is recommended that City Council adopt this ordinance.
. Attachments: Ordinance
Recommended Action: Approve Ordinance
Submitting Department/Agency: Virginia Beach General District Court
CityManager:~ ~, ~
~~~b~
1,1 I
1 AN ORDINANCE TO TRANSFER FUNDS FROM THE
2 GENERAL FUND RESERVE FOR CONTINGENCIES IN
3 THE FY 2008-09 OPERATING BUDGET TO THE VIRGINIA.
4 BEACH GENERAL DISTRICT COURT
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That $90,000 is hereby transferred from the General Fund Reserve for
10 Contingencies to the FY 2008-09 Operating Budget of the Virginia Beach General
11 District Court for court appointed attorney fees.
12
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
-B()J1~C~,~
Management Services .
~~
o 's Office
~
CA11235
R-2
July 1 , 2009
i I I
II II I I
K.
PLANNING - NO ACTION
1. Application of AME UNITED, INC.lGREEN RUN SQUARE ASSOC., LLC for a
Conditional Use Permit re a bar and nightclub at 3320 Holland Road, Suite 1118.
DISTRICT 3 - ROSE HALL
(Deferred by the Planning Commissionfor 30 days)
L. PLANNING
1. Application of TRUTH FAITH & DELIVERANCE MINISTRIES/GREAT EASTERN
RESORT CORPORATION for a Conditional Use Permit re a church at 3386 Holland
Road.
DISTRICT 3 - ROSE HALL
RECOMMENDATION
APPROVAL
2. Application of LIGHTHOUSE FELLOWSHIP CHURCH/James Harrell for a
Conditional Use Permit re a church at 463 South Lynnhaven Road.
DISTRICT 3 - ROSE HALL
RECOMMENDATION
APPROVAL
3. Application ofBLACKW ATER BAPTIST CHURCH to MODIFY AND ADD Conditions I
(approved by City Council on August 17, 1981) for an Addition of a youth activity room and
two classrooms at 6000 Blackwater Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
4. Application of HOW ARD R. TABOR/DEEPAK PATEL for a Conditional Use Permit re
motor vehicle sales at 300 S. Rosemont Road.
DISTRICT 3 - ROSE HALL
RECOMMENDATION
APPROVAL
5. Application of GARY W. and ANNA T. WYATT for a Conditional Use Permit re
alterations to an existing residential kennel at 1817 Indian River Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
6. Application of ENDEAVOR ENTERPRISES, L.L.C. for a Change of Zoning District
Classification from AG-1 and AG-2 Agricultural Districts to Conditional B-1A Limited
Business District and P-1 Preservation District at Chestnut Oak Way.
DISTRICT 7 - PRINCESS ANNE
RECOMMEND A TION
APPLICANT REQUESTS FURTHER
DEFERRAL TO AUGUST 11, 2009
II
III
NOTICE OF PUBLIC HEARING
Virginia Beach City Council wUl meet in the Chamber at City
Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, Jut)
14, 2009, at 6:00 p.m, The following applications witl be
heard:
PRINCESS ANNE DISTRICT
Endeavor Enterprises. L.L.C. Application: Change of-Zill'JDg
[)istrict CI0gi1fl~ation from AG-1 and AG-2 AgricUiturai to
Conditional B-iA Limited Business and P-i Preservation at
Ho!land Road and Chestnut Oak Way iGPI\Js 1495417336;
-519518; 512696). Comprehensive Plan: Primary ReSidential
,-\rea. Purpose: office and retail..
8iachwater Baptist Church Application: }lSLd.!fl.cat/9I!.-m
(:QfJ!itions. approved by City Council on August 17, 1981 at
,'3000 Blackwater Road.
Gary W. & Anna T. Wyatt Application: Q..Q['ditir;C_<lJ1J8e Perm.!!
for a reSidential kennel at 1817 Indian River ROJo.
ROSE HALL DISTRICT
Truth Faith & Deliverance Ministr,es/Great Eastern Resort
Corporation Application: Conditional Use Perm.it for a c!1urch
at 3386 Hoiland Road.
Howard R. Tabor I Deepal\ Patel ",ppticatior: Q2ndltiqn.?1
. Is_a PflU]1!.Lfor an automotive repair garali,f <:lnd motor \,0hicl
.:Jles 3t'3GO S. rtosenont Roar!.
'_ightholse Fellowship Church! James Harrell i),ppliraton
'''DQ<llii9D!'l.Lljs_~U?(lL''ljt for a church at 463 Sou~h Lynl1hav"i'
Road.
.\me United, :nc.; Green Run Square Assoc., LLC App!ic<\tion.
CfJ.nditQPl91 !_'se pp.rp~lt for a :~i;;:htG>..4b' bar at 3:320 Hollanc
Road.-.'S~~lfe IIi8~-'"-(Exi::ed'ted ..rrorn _\Ji'f 8, ?~)J9 'j'8r: :inf
;.:>:;rrrr 'S ~ion,
,l.n (((~e"e .,ted c.t2i:'nS arA >,\ lted :0 att€:110.
Rur Hecse'.i Fr;:i:'er, 'Itc,'e
~;;tJ \~:;~r~
C")t..nr":~J cf tile )roposed (;r:m',(:',i1C0S. ((:~' J;~ ":(r;~ ;~nc
F "'0n(i~rH:H~ts J'e or ff~e cHid (i~ay :JC r~," ,~, .~ j."t.::C .n rile
D~;')(.1ftp:ent of P!(1~n!rg '.), )r~'ne at
.f1.~p;L.LYov~~ml'!ov.c;.gmLmL .. rCA ,,- :,." ,'lton ':d;
J85-4621.
1 ~'ou cHI' phYSically disabled Ci visually impaired .i-,e!
.~'--ed ~;cs,_',ar:ce at I!1:S neetin.g, ;:)e3'5e c,,,, the CITY
CLERK'S OFFICE PI 385-4303.
Beacon Lne 28 & July 5, 2009
2G:L1.1-.+19
II,~ 1 I
AME UNITED, INC.
Relevant Ilnformation:
· Rose Hall District
· The ;:Ipplicant requests a Conditional Use Permit for a bar/nightclub.
I i I
I 1111
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: AME UNITED, INC. Conditional Use Permit, bar I nightclub, 3320 Holland
Road, Suite 1118. ROSE HALL
MEETING DATE: July 14, 2009
. Background:
The applicant requests a Conditional Use Permit to allow a bar and nightclub at
3320 Holland Road. The site is currently utilized as a restaurant featuring a
made-to-order menu, lunch buffet, dinner buffet, Wednesday night karaoke, and
dancing on Fridays and Saturdays.
. Considerations:
This application was advertised for this meeting date at the request of
Councilman Glenn Davis, in anticipation that the Planning Commission would act
on the matter at their July 8 public hearing. The Commission, however, deferred
the matter for 30 days instead of acting.
. Recommendations:
Since the Planning Commission did not act on this application, the City Council
cannot hear the item. No action is necessary.
. Attachments:
Location Map and Summary
Recommended Action: No action necessary.
Submitting Department/Agency: Planning Department
City Manager: r ~ · ~0.<1.
I i I
REQUEST:
Conditional Use Permit (Bar & Nightclub)
ADDRESS I DESCRIPTION: 3320 Holland Road
'I :111
10
July 8, 2009 Public Hearing
APPLICANT:
AME UNITED, INC,
PROPERTY OWNER:
GREEN RUN
SQUARE
ASSOCIATES, LLC
STAFF PLANNER: Leslie Bonilla
GPIN:
14869056440000
ELECTION DISTRICT:
ROSE HALL
SITE SIZE:
2.25 acre site;
7,200 S.F. lease space
AICUZ:
70 to 75 dB DNL
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow a bar
and nightclub at 3320 Holland Road. The site is currently
utilized as a.restaurant featuring a made-to-order menu, lunch buffet, dinner buffet, Wednesday night
karaoke, and dancing on Fridays and Saturdays. The operating hours are Monday and Tuesday from
11 :00 a.m. to 12:00 midnight and Wednesday through Sunday from 11 :00 a.m. to 2:00 a.m. The
applicant has been at this site since 2003, and is currently allowed, by-right, to serve alcohol and host
dance parties with amplified music as long as the dance floor and other standing space is less than 15
percent of the overall floor area. When the applicant applied for their 2003 business license, a sketched
floor plan, not to scale, (provided on page 9 of this report) was submitted to the City and approved.
A few months ago, the applicant was notified that he was in violation of the Zoning Ordinance
requirements. A difference was found between the floor plan as actually laid-out and the plan submitted
with the 2003 business license application. When the applicant learned of the violation, he submitted
floor plans showing less than 15 percent dance floor and other standing space to the Zoning Division and
received approval for those plans (shown on page 10 of this report).
The applicant, however, desires to maintain the floor plan as laid-out prior to notification of the zoning
violation, and thus this Conditional Use Permit is required. This desired floor plan is shown on page 11 of
AME UNITED, INC.
Agenda Iterq 10
Page 1
this report. The owner of the bar/nightclub indicates that the person who filed the 2003 business license
application did not know a floor plan was required with the application; so, when asked for one, a quick
sketch was drawn. This sketch did not show the dance floor and seating area as the owner intended the
facility to be configured. The applicant also notes that the facility has had more than 15 percent dance
floor and other standing space since the business opened, and until the recent 2009 notice of zoning
violation, there has not been any change in dance floor or open space since 2003. After the notice, the
applicant then brought the site into compliance with the zoning regulations and is now requesting
approval of his desired floor plan, shown on page 11 of this report, through the Conditional Use Permit
process.
The Zoning Ordinance stipulates that a Conditional Use Permit is required for a bar or nightclub within the
B-2 Community Business District. The Zoning Ordinance defines a bar or nightclub as:
an establishment including a private club as defined by the Zoning Ordinance, that serves alcoholic
beverages at any time between midnight and 6:00 a.m., except establishments in which the service of
alcoholic oeverages is incidental to a wedding, banquet or similar function not open to the general
public, and in which both of the following conditions are met:
(1) The combined area of the dance floor and any other standing space exceeds fifteen (15)
pl3rcent of the public floor area of the establishment; and
(2) Amplified music, other than prerecorded background music intended solely as an
aGcompaniment to dining, is provided between midnight and 6:00 a.m.
The applicant does not intend to make any modifications to the exterior of the site. The applicant is
requesting permission to rearrange the floor plan to allow more than 15 percent dance floor and other
standing space. The proposed layout would be identical to how the site has been configured for over the
past five yeam. .
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Shopping center
SURROUNDING LAND
USE AND ZONING:
North:
· Mini-warehouse storage / B-2 Community Business District
. Holland Elementary School / A-12 Apartment District
. Retail establishments / B-2 Community Business District
. Single-family dwellings / PD-H1 Planned Development District
. Retail establishments / B-2 Community Business District
. Retail establishments / B-2 Community Business District
South:
East:
West:
NATURAL RE:SOURCE AND
CULTURAL FEATURES:
There are no known significant natural resources or cultural features
associated with this site.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Holland Road is
a four-lane minor urban arterial in front of this application site. This section of Holland Road is shown as a
divided road with a 130-foot wide right-of-way width on the Master Transportation Plan map. There are no CIP
AME UNITED,'NC.
Agenda I ten:!. 10
Page 2
I i I
, III
projects on this section of Holland Road.
Lynnhaven Parkway is a four-lane major urban arterial in the vicinity of this site. This section of Lynnhaven
Parkway is shown as a divided roadway and bikeway in a 120-foot wide right-of-way on the Master
Transportation Plan map. There is a CIP project, #2-305, to widen Lynnhaven Parkway to six lanes betweell
Holland Road and Lishelle Place. This project is currently under construction.
TRAFFIC: Present
Street Name Volume Present Capacity Generated Traffic
Holland Road 29,500 ADT ' 22,800 ADT (Level of Existing Land Use:.! - 4C
Service "0") AD,
Lynnhaven 35,909 ADT ' 27,300 ADT (Level of Proposed Land Use 3 - 42
Parkway Service "0")
, Average Daily Trips (2009i
2 as defined by restaurant
3 as defined bv bar
SEWER & WATER: This site is connected to City water and sewer.
POLICE: As a matter of public safety, it is recommended that the applicant/property owner should do the
following if this application is approved:
. The applicant/property owner should add additional lighting in the front parking lot. In addition, the
applicant should insure that all wall-mounted lighting on the rear of the building is operating and
functional.
. Department of Criminal Justice Services (DCJS) certified uniformed security guards should be utilized.
. Occupancy limits should be strictly enforced by the owner/employees, and the appropriate City
agencies.
It should be noted that there have been 74 calls to the Police Department involving this location between
January 1,2008 and June 10, 2009. One (1) homicide call, one (1) gunshot call, five (5) calls regarding
fights/riots in progress, six (6) calls regarding disputes (boyfriend/girlfriend), two (2) family-related calls, 23
public nuisance/loud party calls, four (4) firearm violation calls, four (4) driving under the influence calls, nine
(9) calls regarding burglar alarms, two (2) accident hit and run calls, one (1) narcotics call, two (2) assault
calls, one (1) disorderly subject call, two (2) intoxicated subject calls, one (1) suspicious person or auto call,
two (2) accidental property damage calls, one (1) stolen/unauthorized use of vehicle call, one (1) warrant
transfer call, one (1) cellular 911 hang-up call, and two (2) assist citizen calls.
Also note that City police officers are directed not to work in private clubs as security officers during off duty
hours as a matter of regular Police Department policy.
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends denial of this request.
AME UNITED, INC.
Agenda It~. 10
Page 3
Comprehensive Plan:
The Compreh'~nsive Plan designates this site as part of the Primary Residential Area. The land use
planning policies and principles for the Primary Residential Area focus strongly on preserving and
protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods
located in the area. In a general sense, the established type, size, and relationship of land use,
residential and non-residential, located in and around these neighborhoods should serve as a guide when
considering future development.
Evaluation:
Staff cannot support this request.
The applicant's request is to allow the continued use of the subject unit within a commercial strip center
as a nightclub. Typically, a nightclub in a commercial strip can be an acceptable use with appropriate
controls intended to ensure compatibility with the land uses in proximity to the nightclub. The applicant's
location is, in this regard, appropriate, as there is no residential use adjacent to the site. There are,
however, a re8idential area on the opposite side of Holland Road (Green Run) and another approximately
400 feet to the north on the far side of a mini-warehouse complex located behind the subject site. Those
areas could bEl subject to the sound of music played in the establishment. There is also an elementary
school to the northwest of the site; however, the school is in session during a time of day that is opposite
the time when the nightclub is the most active. The greatest impact on the school will be the potential for
trash blowing onto the school site, some of which could be inappropriate for children the age of
elementary school students. There is sufficient parking to accommodate the nightclub. The majority of
other users within the shopping center own businesses that are either close or closing at the peak of the
nightclub's oporation. The required parking ratio for the facility for a nightclub is the same as the
restaurant - one space per 100 square feet of floor area.
If this were a typical situation, this application for a nightclub might be acceptable with a number of
conditions intended to ensure compatibility of the use to the surrounding area. Staff, however, does not
find this to be a typical case, and is concerned that regardless of the number of conditions attached to this
request, the u~;e would have a negative impact on the surrounding area. In particular, this Use Permit
request is one where evidence already exists of the potential for negative impacts from the use, as the
use has been in operation for a number of years. During that time, according to the Police Department,
there have beEln significant problems connected with the operation of this establishment. The number and
type of calls since January 2008 have been noted previously in this report with the Police Department's
comments. While some may argue that these issues are the domain of the management of the
establishment rather than land use, it must be emphasized that, as set out in Section 101 of the City
Zoning Ordinance, the principal reason for the enactment of the Zoning Ordinance is "to promote and
protect the health, safety, and general welfare of the people of the city." Staff concludes that to ensure the
health, safety, and general welfare of the public, approval of this Use Permit, thus allowing the applicant
to increase the dance floor and standing area above 15 percent of the total public floor area, is not
appropriate or desirable. It must be understood that the applicant may continue to operate as a restaurant
with amplified music, serving alcoholic beverages, and be open until 2:00 a.m. Denial of this Use Permit
will only prohibit the applicant from increasing the dance floor and standing area beyond 15 percent of the
total. The 15 pl~rcent of the floor area is the criterion that classifies the use as a bar or nightclub.
Regardless of this fact, Staff concludes the applicant should not be allowed to enhance the operation
through the approval of this Use Permit at this time. There is ample evidence that there are significant
issues pertaini1g to the operation of the establishment that must be addressed, and the resolution of
these items and an indication that they have been addressed will require some time. Thus, Staff cannot
support this application at this time and recommends denial.
AMEUNITED, INC.
Agenda Ite~ 10
Page 4
I i I
'I .111
AERIAL OF SITE LOCATION
AME UNITED, INC.
Agenda Item 10
Page 5
I '
//\
'\
((
i(
!
i
1
I,
d
II
11
'I
/\~\~
(" \ \.~.
~\~- \ \
~ ~ \--
-'
=+= Dw
! .\ i
i - f'199"T - r---'
I --L- ,lJTTflTTf1TTT1J'"
I (1'1' I I
! . ' "
I
I I
I I
I
I
I
p
Ii! I II'
11ttrl7., ,.1! ill"'!
. " ,.., ,.' " I!
, : I . Ii iTT ,: '
, Iii II, . i. : \; 1
, ,l! ~ I ; ;
! '
i'l
...
tJ
0)
~
Q
o
,.
....
P
I/.
~
Ii
il
I
,L
1J::-
H---
h-=
:~~:I
It -.
II -
1Ir--
..,,--
~~
~-
B; J~
r\ -\
k'\~, .~....-. ".
~,,,
.,.......
,',,'1
p
ill
~
:!
\
"--
(~
~.
r
..
..
o
..
o
..
..
...
...
..
"
SITE PLAN
AMEUNITED, INc.
Agenda Iterd 10
Page 6
\ i I
~
Il.l[
.i
r
~
_~"".,,_.~~, _NC'-V-~__>;"~_"""'_""_"'''''''"''_''''''
"'"
~
Js
\).
~
o
\)
I:-:
x
1.li
(1 IJ
0\
o..D
'r.:::
, 'X
'>.1
I
I
I
\
I
9 <;;'.;;:> QOQ
~-"
o rJ
o r:1
--~-,,,,,-,,>,,,,,,,,,-,--""-""""'''''>>''''''~'''''''''''-''''''''>'''''-~~-
-("'\
;p"
GV
II
L..J
1
{J 0
000
,'>', 0 0
<:;>''''': :7
r
~
.;i
~ tIt~
'l~ 8 8
W\OQ:
~lJ)~T'
1 \ ~
~
'" b
"Z {if
"
~
LL('
110
o-/v
ci
tjllo
\
nl D
\
\
J
---...
D
2003 FLOOR PLAN SUBMITTED
WITH BUSINESS LICENSE
AME UNITED, INC.
Agenda Item 10
Page 7
i I
4: .
~."'^
i
\
't.
,
2009 APPROVED FLOOR PLAN SUBMITTED AFTER
APPLICANT WAS NOTIFIED OF ZONING VIOLATION
AMEUNITED, INC.
Agenda Itart 10
Rafe 8
I I
'I 'II
I
PROPOSED FLOOR PLAN !
AMEUNITED,INC.
Agenda Ite", 10
Page 9
I '
PHOTOGRAPH OF BUILDING
AME UNITED, INC.
Agenda Item 10
Page 10
I i I
'I 'II
CUP for bar & Nightclub
# DATE DESCRIPTION ACTION
1 4-13-93 Conditional Use Permit (automotive reoair) Granted
2 8-14-89 Conditional Use Permit (automotive repair) Granted
3 7-14-98 Conditional Use Permit (automotive detailing) Granted
7-14-98 Conditional Use Permit (automotive garaae) Granted
4 8-8-88 Conditional Use Permit (automotive repair) Granted
5 8-9-05 Zoning Change (A-12 to Conditional B-2) Granted
ZONING HISTORY
AME UNITED,INC.
Agenda Item 10
Page 11
~ DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the ll,pplicant is a corporation, partnership, firm. business or other unincorporated
organi;~ation, complete the following:
1 Lis1 the applicant name followed by the names of aU officers, members, trustees,
partners, etc. below: (Attach list If necessary)
--.,
11CC)E ) ~nt tee) .in(i , I ~)(l\f)l e l~ tJl"h'~h
I ,
dO(\{\uP \1 ()~ \-in lmp r ~> {~u~J':-
2, List all businesses that have a parent-subsidiary 1 or affiliated business entity"
relcltionship with the applicant (Attach list if necessary)
~J..L\1\-f'("0(}~;b(')C; ~ (t'-Cir, bhf>Ci.u...Spi(lFJ "Tr1\?
o Cl"Mlck here if the applicant is NOT a corporation, partnership firm, business, or
othl~r unincorporated organization
PROPERTY OWNER DISCLOSURE
CompkJte this section only if property owner is different from applicant
If the property owner is a corporation, partnership, firm, business, or other
unincol-porated organization, complete the followmg:
1. List the property owner name followed by the names of all officers, members.
trustees, partners, etc. below: (Attach list if necessary)
lhte G , ,'~ _: '^1-~G ) LLL_
l)(~ h Iv ,y~. ~1) I T
~.~ T )f. ,~,~_.-
2. List all businesses that have a parent-subsidiaryl or affiliated business entity'
relationship With the applicant (Attach list if necessary)
-/ -~~
~:heck here if the property owner is NOT a corporation partnership. firm
business, or other unincorporated organization.
~e next page to( footnotes
Does an official or employee of the City of VIrginia Beach have an interest In the
subject land? Yas _ No _L
If yes. '/lMat is the name of the offiCial or employee and the nature of their lOterest?
CoOOrtiooalli ile Pllf!TI11 AppllCalion
Pll1lEl 9 of 10
RllViW 7!3nOO7
z
o
t f
~
C-'
I I
......:1
~e
~
f-c
~
~
~
t:::)
~
o
I f
f-c
I I
~
o
u
DISCLOSURE STATEMENT
AME UNITED,INC.
Agenda Item 10
Page 12
I i I
z
o
I I
~
U
I I
~
r".
~
E-t
~
~
~
t:::J
~
o
I I
E-t
I I
~
Z
o
u
'I 'II
DISC
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, rea! estate services.. financial services, accounting services, and legal
services' (Attach list if necessary)
j 'Parent-subsidiary relationship' means "8 relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation," $00 State and Local Government Cooflict of Interests Act. Va.
Code g 2 2-3101.
2 "Affiliate<! business entity relattonship. means -a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a cootrolling ownershIp
interest in the other business entity, (ii} a controlling owner in one entity IS also a controWng
owner in the other entity, or (ill) there is shared management or control between the business
entities Factors that should be con sldered in determining the existence of an affiliated
business entity relationship include that the selme person or substantially the selme person
own or manage the two entities; there are common or commingled funds or assets; the
business entnles share the use of the same offices or employees or otherwise share activitIes,
resources or personnel on a regular basis; or there is otherwise a close working relationshIp
between the entities." See State and Local Government ConfHctof Interests Act Va, Code 9
2.2..3101
CERTIFICA TION: ! certify that the InformatlOfl contaiOed herein IS trLIe al"ld aceurate
I tlnoorstal"ld that upon re<:eJpt of notfficatiOfl {postcard} that IDe application ha$ been scheduled for
. public hearing, I am responsible for obtalmng aOO posting the requiredslgn 00 the subj~ property at
least 30 days prior to the scheduled publIC hearing according to the mstructiOfls In this package The
\,mderlligned also consents to entry upon the subje<.1 property by employe&S of the Department of
PI8nnrng to photograph aoo view the site for purposes of processing and evaluating this application.
~ r
> ..
".. I " .....l
,4iv."."'.....; .JiA::...",,:=-
Applicant's Signature
'''1 I
{ri ! IV, tL~_
f\ t "/f/t-c' I
Pont Name
Q"",*-,(!~" Af<-k
_tf~1 (. &t ctLf~- "~J!::r
Pnnt Name
Property OWners SIgnature (if dIfferent than applIcant}
""'tryltlL~"""I4Iht.. ,ld ~
Conditional llse Permrt Application
page I() of 10
fI~ 7/312007
DISCLOSURE STATEMENT
AME UNITED, INC.
Agenda Itenj 10
Page 13
z
o
a
E2
~
f f
~.
):;1;:1
,-..
~
::::>
~,
0.
t :
J I
~
0.
~
DISCLOSURE STATE
fl
ADDITIONAL DISCLOSURES
list all known contractors or busInesses that have or wi:! provide services with respect
to the reqOO$ted property use, Including but not ilmitAd to the pro~ of an::hltedurai
Hrvices, rea! estate services, financlai services, accounting $(mrlces, and l{}gai
servk:$$: (Attach ll.t if nece:nary)
, -Parent-sI.lDsidiary relationship. tl'l&ans 0" relattooship that exiN woon 0l"ftI!
corporation d\if3ctfy or lndirectfy awns !haras possessing more than &I percent of the votlrlij
power of another rorporatk.JI'L" See State .and Local Govemmoot Confilclaf inter&6t$ Altt, Va. '
Code ~ ~,2-:';\101
Z "Affiiiated bUlIfinea entity l'8latkm$htp" meaM"8 relationship. otherthanpal'8f1to
subsidiary reJatloMhlp, that ElXl.Sts When (I) one l.nJ8iM$$ entity "",. a ~ng OWf'tel'$hlp
Il'1t<<oot In the other busineo entity, (II) s oontrollIn9 owner il"l one entity 1$ .1$0 a controlling
owoer in thE! other entity, or (ill) th.", Ie sharoo management Of cont.roJ OOtw&e1'l the b~lness
entltWi. Factors that Elhould be considered in determining the e~ of an affiliated .
bu$IOO$8 entlty relationship inctude that tl'l0 same pentOn or $ut:llrdMlU8lly th0 same person
C7##l'\ or maMga the 1wo entitiM.~ tl'ler& are common Of oommi~ fund& or ~; the
buSliJ'le$S entities Sl'lll!"e ~ UQ of the Qme ol'Ik;es aT 00l~ or ~ share actMtle$,
ntSOurc&6 or personnel 00 a mgu!er basis; or there IS ott"\e('Wtse a clOH worldngre!atk.wthip
~ th& Mtltiu," SClS Smttt end local Government Conflict of Int~ Act, Va, Code ~
.2..2-3101
CERTff leA liON: I CElI'tlfy that tM infom;a!lc.m contained ~ [s true and eoourare,
i IJI1d~mtaoo lh.t, upon ~Qt rA nottfWetkm (~caro) ttllII1 the application w bMn A(',!,tldtl~ to!
publle hul'\l"lt, f am \'Upon1I4bie for ~il"\{,l and pOllitl~ U\lll required &ign on \he wbjectproptllrty at
~t 30 days prior to the &Ohad~ publk: hMrlno oeeOfding to U'lEI fl'lStflJCjia\1s il'l this PflC~ iN
ut'lderniQMd ~ eor.Ml'!t1o to lIIfltry upon the .u~ ~rty by .mpio~ of tl'\o ~artment of
Pl~ to pnmClgl'ltph and view the e.n. fOr putpOSIl8 of ~jng and tr\f8lUatl~ this ap~tlon.
4} ~
r'.ut~- (v\, (h" t: i fA /1;.""" e ,...
AW'~$ ifgnature, 1 .! i Print Name.------
'1/ i ,. --1/ 'ir-' /)ft-~j,(h.... ftpL \
..~ . . +-- I " t J...--rJ j r 00_._'_"__'
Pr~l'ty Owne!"s~l"!$tu,. (if dlft.reM: th1Ml ap~jeanl) PrIm ~
Co.'lli,lIoolll' u.. PlItrnit ~
"lIQC <<l ctlO
R~ lMCQl
DISCLOSURE STATEMENT
AME UNITED, INC.
Agenda Itent 10
Page 14
i I i
TRUTI-II FAITH & DELIVERANCE
Ma'^ (-:-9 Truth Faith & Deliverance Ministries
Ma" Nor to~ Scale Grea~t Eastern Resort Corooration
~\~~.\~~ ~. ~ ~ ~2, ~\~ '"' ~,trl~
\\ ~ . ":Jl.~ ~ ~ ~ ~ ~ ..!2,' aID
.y '?'\ 'V .'S:YA' I XI\) '>. I.-.:>.::: 011
x:o ~ .' ~,p .~ .~, OD'~ ~
e.." ill " ~ O~->(~ ~ -' l\~ 0 ;"i:Y
,<: r--~ \. ~-'\
~l"l~~.~ :~~~~ A 'v~~'~," L
~I<J~ ""~~. ~ ~~\P)i~ i ~
; ll~~~~ ~~ ~~\ ~ ~ "'.~
~ .~~ e ~ V 70-7 \ ' ~(
~:;l\ ~ ? / , .
. ~ ~ ~," ~ ~ "\; (-8~' 0 .,
, . ~~~r~~\ \~. A-12 ~D;;
'~_'i>.iJ~~~ ~~ it- \ [],ROOO V I"~o
~_ 1~. ~"i;. 1/ ~ ~ \. .>i()l!.\~D'fE.\~""
,,~ ~- "~:(' ~~~ \~ '\ 'till1(xl;:)
, \ " ~ ,1, '~\~ \~ ~ 1-- ~ Ij;
,~~ "
CUP for Church
Relevant Information:
· Rosu Hall District
. The .applicant requests a Conditional Use Permit to continue
operation of a church on the first floor an office building.
· The ,church has been at this location for several years and only
recently became aware of the need for a Use Permit.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (11-0)
· There was no opposition.
· Consent agenda.
I i I
.._..1-1.._.111
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: TRUTH FAITH & DELIVERANCE MINISTRIES I GREAT EASTERN RESORT
CORPORATION, Conditional Use Permit, church, 3386 Holland Road. ROSE
HALL DISTRICT.
MEETING DATE: July 14, 2009
. Background:
The applicant requests a Conditional Use Permit for a church in an office
building. The church has been holding services for several years in a first floor
suite, and was unaware of the requirement for a Use Permit until recently.
. Considerations:
The church meets for Sunday School beginning at 10:00 a.m. followed by church
services at 11 :00 a.m. Weekly Bible study classes are held on Wednesday at
7:30 p.m. Monthly counseling sessions are held on the second and third Friday of
the month. There are currently 60 members of the church, which requires 12
parking spaces. Since services and classes are held at times that do not conflict
with general office hours within the building, there are more than sufficient
parking spaces available.
This church proposal is in conformance with the Comprehensive Plan's
recommendations for this area. Moreover, the church has been in operation at
this location for several years and there have been no complaints indicative of
parking problems or land use compatibility issues.
There was no opposition to this request.
. Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 11-0 to recommend approval to the City Council
with the following condition:
The applicant shall obtain all necessary permits, inspections, and approvals
from the Fire Department and the Permits and Inspections Division of the
Planning Department.
. Attachments:
Staff Review and Disclosure Statement
II ,
TRUTH FAITH & DELIVERANCE MINISTRIES
Page 2 of 2
Plannin!~ Commission Minutes
Location Map and Summary
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: ~ 1L.~
I i I
REQUEST:
Conditional Use Permit (church)
ADDRESS I DESCRIPTION: 3386 Holland Road,
GPIN:
14868270070001
ELECTION DISTRICT:
ROSE HALL
'+-,-'1-11
#8
June 10, 2009 Public Hearing
APPLICANT:
TRUTH FAITH &
DELIVERANCE
MINISTRIES
PROPERTY OWNER:
GREAT EASTERN
REGION CORP.
STAFF PLANNER: Karen Prochilo
SITE SIZE:
2.25 acres
Lease space: 1,250 SF
AICUZ:
65 dB to 70 dB DNL
Subarea 3
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit for a church
in an office building. The church use currently exists on this site; the church has been holding services for
a several y~ars.
The church meets for Sunday school beginning at 10:00 a.m. on Sundays followed by church services at
11 :OOa.m. Weekly bible study classes are held on Wednesdays at 7:30 p.m. Monthly counseling sessions
are held on the second and third Fridays of the month.
There are currently sixty (60) members of the church. Since services and classes are held at times that
do not conflict with general office hours within the building, there are more than sufficient parking spaces
available.
TRUTH FAITH DELIVERANCE MINISTRIES
Agenda Item 8
Page 1
LAND USE AND ZONING INFORMATION
EXISTING lAND USE: Developed office site with associated parking,
SURROUNDING lAND
USE AND ZONING:
North:
South:
East:
· Multi-family dwellings / A-12 Apartment District
· Across Holland Road, multi-family dwellings / PD-H1 Planned
Unit Development District
· Mini-warehouse storage facility / B-2 Community Business
District
· Office and retail center / 0-2 Office District & B-1A Business
District
West:
NATURAL RI:SOURCE AND
CULTURAL FEATURES:
There are no known significant natural features or cultural features
associated with this site.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Holland Road
is a four-lane divided minor urban arterial. This section of Holland Road is designated on the City's Master
Transportation Plan to become a six-lane divided facility. There are no CIP projects on Holland Road in the
site's vicinity.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Holland Road 29,500 ADT I 22,800 ADT 1 (Level of Existing Land Use"'-
(2009) Service "D") - Capacity 46 ADT
Proposed Land Use 3 -
11 ADT weekday
46 ADT Sunday
Average Daily Trips
2 as defined by 1 ,250 SF office
3 as defined by 1, 250 SF church
WATER: This site is already connected to City sewer and water.
FIRE: The applicant must obtain a Certificate of Occupancy from the Department of Permits and Inspections
upon approval of this request.
EVALUATION AND RECOMMENDATION
Recommendcltion:
Staff recommE!nds approval of this request with the condition below.
TRUTH FAITH DELIVERANCE MINISTRIES
Agenda Item 8
Page 2
I II I
Comprehensive Plan:
The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning
policies and principles for this area focus strongly on preserving and protecting the overall character,
economic value and aesthetic quality of the stable neighborhoods.
Evaluation:
This church proposal is in conformance with the Comprehensive Plan's recommendations for this area.
The proposal is compatible with the adjacent neighborhood as well as the businesses in the building. The
church has been in operation at this location for several years and there have been no complaints
indicative of parking problems or land use compatibility issues.
Staff therefore recommends approval of this request subject to the following condition.
CONDITIONS
1. The applicant shall obtain all necessary permits, inspections, and approvals from the Fire Department
and the Permits and Inspections Division of the Planning Department.
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 De$ign
(CPTED) concepts and strategies as they pertain to this site.
TRUTH FAITH DELIVERANCE MINISTRIES
Agenda Item 8
Page 3
I I,
AERIAL OF SITE LOCATION
TRUTH FAITH DELIVERANCE MINISTRIES
Agenda Item 8
Page 4
~,
('.
!>'
A~
... 91:1
o
d
a:
w ;::-
~fQ,"':
;Z;:. ....
0,!:::
~1
12
CI')
n
....
,...
~
.......t
3'!
~
\
~lt-l\
, \
~f.
"z-;::\
. 0:\\
ci.: \
~~,
0.1\
,...r>.
~~
J.'t>
~~
'!g
~
~~
1.
~ !\. l\\;g~
~ ~~~ ie Q~~ ~
\ \ \\\ ~\~\ \\
~ li ~~1 ~\~\\ ~~
~~ .. \ ~~~. \~~~~~ ~~
~~" \ ~\~ \\\\\\ \~
~~~':l!! \1,\", ~'lt~~l.\t ti
, ~"5-':.? ~ ~~sl '2...fIl...~\i~ ~-
1R\.Ji\"\ 1'",'11-1 OEL\\IERf'.",CE "^,,,,,S1fllE
p..genda \tetl"
pa91
I i
PHOTOGRAPH OF BUILDING
TRUTH FAITH DELIVERANCE MINISTRIES
Agenda Item 8
Page 6
, II I
Truth Faith & Deliverance Ministries
Ma~~f t!1S~le Grea~t Eastern Resort CorPoration
~\~ ' ~\ ~!~ ~~~~~O, -A'''~~
X' ;(~ _ ~ . ,"' '~\,~ ~ 010
~~J~ II ~~ ,~ ~..-.t?Co:.r~~~\ 001<\.'p ~ ~ I
ll":?Ch K .' ~ ~ l"A \... "lY;~ o'N!
~~).( !; ~~ ,,~~~ '\ ~~ >'\ '~~~ ~ t~ . ~~. t6al lj;
'I'... ~ :' :lei ~~~ / '-", ~ \" o~ M ~q
~:~~t~~{~ ~'A:: ~~~~ ~ t
~~~h~~~ ~~ ~ ~~\'.:~ ~
~I ~Ca...~ '1M ~"A 'J< ~ K. ~I
~"'.,,~' i-\ ~~ ~~~ ",' 0 ,?~.} ~
,,~~ ~ ~' !~~ ,
~A . \., .'\' x~ ~
~~,~J"\ h. e" ~ 70-7 ~~'~'(
~("~ ~~~ "lW, .
~\ \~ 't'~ '\ ~'\\ ~"1l ~~ \ \~" 00" ~
1 61 ~.\ ~ t. , '\~ _ A-12 \.~D ~ 'P
· ~1~ ~ ~ \ ' ~
~~_lD.\r~ -11, >i ~\i) J i}' \ uoBOao . ~ 0 1
_ :;r...~ '\;'Q ~ \\ r:. \'iml~'>;Df<'\e:J'~
~~~j~~~~~ ~r l ~ ~.
~
\I'
'I;
t\~
CUP for Church
1 11/27/01 Conditional Use Permit - Church Granted
10/10/00 Conditional Use Permit - Church Granted
11 /22/94 Conditional Use Permit - Church Granted
04/23/90 RezoninQ from 0-2 Office to B-1A Business Granted
2 05/02/92 Conditional Use Permit - Church Granted
3 02/27/84 Conditional Use Permit - Mini-warehouse Granted
4 08/19/85 Conditional Use Permit - Auto sales & reoair Granted
ZONING HISTORY
TRUTH FAITH DELIVERANCE MINISTRIES
Agenda Item 8
Page 7
IS.CLOSURE STATEMENT
APPLICANT DISCLOSURE
If the apphcant IS a corporation. partnershIp firm business or other \.Iliinc.orporated
organization complete the foHowing:
1 List the applicant name foHowed by the names cfal! officers. members trustees,
partners, etc ~elow: (Attach JlS! if necessarv;
....""...,-'.,..'~~__....__'_".,..,.,.,""'"",~'~_.....MM....>.,."__.~_~..,.....,.'''~,,,., ...-.'_._,...,,~~.
2 list ail businesses that have a parent-subsidiary' or affiliated busmess entity"
relationship with the app!1cant (Attacn fist if necessary)
o C 1ecK here if tM appticant is NOT a corporation. partnership firm business. or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Compl'ete this section only tf property owner IS different from applicant
If the property owner is a corporation, partnersh'o, firm busmess. Or other
ur'1lncorporated organization., complete the following:
1. list the property owner name followed by the names of all officers, members
trustees, partners, ate below (Attach lis! if necessary)
2 li!.t all bUsU",6sses that have a parent-subsidiaryl or affmated bUsiness entityZ
relatlonshlp with the applicant: (Attach list If necessary)
o CheCK here If the property owner IS NOT a corporation. partnership firm
business, or other unincorporated orgamzatlon
8. next page tc,,'f footootes
Does an offiCial or employee of the C1ty of Virglnli. Beach have an mterest In the
land? Yes No '
If yes what IS the name of the offiCial or employee and the nature of their ,merest?
~~'_~~__""''''''~_'''~''_''_''''''_''''''''''_~'~_~'''''''''''~'k___V~=~''~h,'-''>< "c~~mm',,"""~
<:ood*I'1I\* .J~ Pl/mlU AWH.alKm
st'lf
z
C>
t .
~
U
..
.......:3
~
ea.
E-c
~
~
~
f:.Ij
t::J
~
C>
. I
h
~
z
C>
u
TRUTH FAITH DELIVERANCE MINISTRIES
Agenda It~p1 8
Rage 8
z
o
t I
~
U
I I
~
r:::t-c
ea
f-c
~
~
r:::t-c
~
c:.I':)
;::::J
~
o
I I
f-c
I .
~
z
o
u
II I
DISCLOSURE ST
ADDITIONAL DISCLOSURES
List aU known contractors or businesses that haVE! or will provu::Ie serv'ces with
to the requested oroperty use, including but rot hmited to the providers of architectural
services real estate services, financial services, -" ,g services, and legal
services (Attach list if necessary:)
__~",...~------...__,_,_._.._.~._..,_.,_~__~",,_.,..,...._,_,,_,_~__...,,___ _,_,_________~ .._~"'__~~,~_.,_~, ='_"""~__-M_
"ParenHmosidiary relatiCHlship" means "(] relationship that e <ISIs when one
corporato.. direcby or mdirectly owns shares possessing more than 50 percent of the voting
power of another cor porahon' See State and Local Government Confhct of Interests A;::;t Va.
Code ~ 2.2-3101
< "Affiliateu bU!MeSS entity relattonshlp means 'a relationship otoor than parent-
subSIdiary relationship that exists when U\ one busmess entity has a controHrng ownership
interest in the othE!' business entity. (Iii a controlling owner one entity lS also a controillng
owner in the other entity or (iIi)!here IS shared ma'1agement or control he~n the business
entities Factors that shOuld he considered in determining the eXistence of an affiliated
bushess e'\tity reiatlonS1lp include that the same perSM 0' substantially the same person
own or manage the two entities, there are common or comrn.ngieo funds or assets. the
busmess entities share the use of the same offices or employees 0' otherw,~e share actiVities,
'esources or personnel on a regular basis; or there IS otherwnse a oiose working relatio"1shlp
behveen tho entities" $l\le State and Loca; Government ConflIct of hterests Act Va. Code ~
22-3101
CERTIFICATION: i cert!fy lhat the ,/'\f0tl11atlon cof'lt"ineoherem is lrue ana "ccvrale
I understand lhlill, upon receipt of notificallOn (postcardllha! the appiicahon has been sChe<:luied for
pUbhe hearng, I am responSIble for cbtain'ng and posting the reqU1fed or> Ihe subjec.t properly al
leas! 3D days ;mcr to the schedUled pubilc hearing according to the Ir'I thiS package The
undof!Hgned alse consents to entry upon the $1Jbjecl property by of the Department of
Planrl1ng to ard <llew the 51!e for purposes of processmg eva!uatmg thiS ilppH;atl<,n
....,
/"/#/.
f.:".._._,~___....__......_....__.~__..._._.._.__",.._
Property Owner s S.gnature ('f different than applicant!
.:.{>rled~l"::tla: Uw Pwrnr, App~Lt}.."'1
PilQC 10 ollV
Revi!lEtC 1!ji2(X,:-;
TRUTH FAITH DELIVERANCE MINISTRIES
Agenda It~fTl 8
Page 9
OlTicers oflne Resorb Companies. Ine
c. n. Ilammer, President
"lare J Landau. Vice Prcsidcnt.{ 1.0
M. A. Koebig. Vice President
Barney B,lsham, Viet' Pn:sident
Thomas C. Waterbul). SecfCtary TrcaslIn:r
Don F. BlIreh. Assistant Secretary
DISCLOSURE STATEMENT
TRUTH FAITH DELIVERANCE MINISTRIES
Agenda Item 8
Page 10
II I
Item #8
Truth Faith & Deliverance Ministries
Conditional Use Permit
3386 Holland Road
District 3
Rose Hall
June 10, 2009
CONSENT
Joseph Strange: The next application is item 8. An application of Truth Faith & Deliverance
Ministries/Great Eastern Resort Corporation for a Conditional Use Permit for a church on
property located at 3386 Holland Road, District 3, Rose Hall, with one (1) condition.
Leona Thompson: Good morning. I'm Assistant Pastor Leona Thompson, Truth Faith &
Deliverance Ministries. I have read and agree to all of the conditions and expect to meet those
expectations.
Joseph Strange: Thank you Pastor. Is there any opposition to this matter being placed on the
consent agenda? If not, the Chair has asked Gene Crabtree to review this item.
Eugene Crabtree: This is a Conditional Use Permit for a church. The church has been operating
for a number of years, probably without the realization that they needed a Conditional Use
Permit. The church meets on Sunday at 10:00 am for church with Sunday school following. As
far as the area of the church, it is in an office building and there is sufficient parking around there
for just about as. many members as they can have. However, there ate currently 60 members of
the church, and this will not have any impact on any of the neighborhood or the parking or
anything along that line. Since this has been operating for some time, and there have been no
complaints or anything about it, the staff recommends approval of it. Therefore, the Planning
Commission concurs and puts it on the consent agenda.
Joseph Strange: Thank you Gene. Madame Chairman, I make a motion to approve agenda item
8.
Janice Anderson: A motion by Joe Strange.
Eugene Crabtree: I'll second it.
Janice Anderson: A second by Gene Crabtree.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
Item #8
Truth Faith & Deliverance Ministries
Page 2
HORSLEY AYE
KA TSIAS AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 11-0, the Board has approved item 8 for consent.
LIGHTtlOUSE FELLOWSHIP CHURCH
M.~1!:f,!!t", . II(, t ouse e ows IP urc
H" 11Jj.~ - -, .~~ '::,~'- -e.i: w ~ ~~ 1<'7 ~
U II' ~Jj;" =.;' ~O\6J- S~~ 1~! y
r ~. I l~ ~:,,:ll . ~';> .
~; I ~ ~~<0~ n ~~ '\ ~ 0 0 0 /9 . /
e.':' ,..~, ~"-"9:Ji ~.~~ f ~/ 1 ~ ·
...: "- iLl) -I\' GJ 3~i1:\~ 1-1 (
;;E!.l (], II '-.' ~ Ln
-.,.;; -' if 01.V; ~~ (7. ~;JJs - -
. rr>.::- "" ~ [} ~ JAfJ~
h ,g I) [Ii'; "~ 7 B
, a 1]" ~ l:G]'
~ ~ 0
. J · ~e (J, ~ D74 '7l \
all [PJ R~O ~. / '~v
U' '. J1.",: J. ~~~~ ~"" I_I
-f VTj 7'" r' Jt ~~ ~-.,.~ .\J ()",'
~r ~ A' v~ I
L fF J. ,IU ;,p ',," ]>< ~ I~" '~~
a I\.e 2' ~ a.6J ' < 0 ~'<
g1W;i:r I a-.~.~..c: ~ ~7~11 ~ \~
· ~ .~J 11' ~JI" ,. S ~~
i :~:;;,:"~":m ~~~ f' .:r c ~'1~ "':\> lil
',!ll~." Et.. ~ ~ d
lL . . .J . , / "/'j ~ D
~ 5:3' ~ 6> ~f ,....,7~ '1__',7c:J\!rU :;. ~~ v.
LO h h
R It
hO Ch
h
CUP for Religious Use
Relevant Ilnformation:
· Rose Hall District
· The applicant requests a Conditional Use Permit to continue
operation of a church. in a suite of an existing retail building.
· The c:hurch has been at this location for several years and only
recently became aware of the need for a Use Permit.
Evaluatiol1 and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (11-0)
· Them was no opposition.
· Cons.ent agenda.
I II I
.t:Ct""""'" -
~~\~,^8~?~
..(....." >.....,"'^~ "Y'l)."
[~ ,,~-' ''t',
\~,~ .,~~J
\'( ". "..
~':'-~'v....""
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: LIGHTHOUSE FELLOWSHIP CHURCH I JAMES HARRELL, Conditional
Use Permit, church, 463 South Lynnhaven Road. ROSE HALL DISTRICT
MEETING DATE: July 14, 2009
. Background:
The applicant requests a Conditional Use Permit to operate a religious facility
within an existing shopping center. The church has occupied the space since
1998, being unaware of the requirement for a Conditional Use Permit. No
complaints have been received regarding the use of this suite for a church.
. Considerations:
Staff recommends approval of this request with the conditions below. The
applicant leases two (2) suites within a retail building of approximately 30,707
square feet. The overall lease space for the proposed religious facility is 3,500
square feet. The applicant holds r~ligious services on Sunday, from 10:30 a.m. to
12:00 p.m. and Wednesday, from 6:30 p.m. to 7:30 p.m. Occasionally, special
services are held featuring guest speakers and musical programs. The church
currently has an average of 20 individuals attending services and has 50 seats
available.
The submitted site plan indicates there are 144 parking spaces on the site. The
Zoning Ordinance requires ten parking spaces for a church with 50 seats. Based
on the fact that the proposed church has peak operational hours different from
traditional business hours, staff finds that the site's 144 parking spaces located
on-site are sufficient for this use, the commercial uses, and the other churches in
the center.
The proposed church use is located within an Air Installation Compatible Use
Zone (AICUZ) of 70 to 75 dB DNL. Churches and related facilities are considered
compatible; however, the applicant must ensure compliance with noise level
reduction features as set forth in the Virginia Uniform Statewide Building Code.
There was no opposition to this request.
LIGHTHOUSE FELLOWSHIP CHURCH
Page 2 of 2
. Recommendations:
The Plclnning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 11-0 to recommend approval to the City Council
with the! following conditions:
1. The number of individuals attending anyone service shall not exceed the
occupancy number established by the City's Fire Marshall.
2. The applicant shall obtain all necessary permits and inspections from the
Planning Department I Permits and Inspections Division and the Fire
Department. The applicant shall obtain a Certificate of Occupancy for the
change of use from the Building Official.
3. This Conditional Use Permit is valid for three years.
. Attachments:
Staff Review and Disclosure Statement
Plannin~1 Commission Minutes
Location Map and Summary
Recommended! Acti~n: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager~~) k--. ~~
i I I
#4
June 10, 2009 Public Hearing
APPLICANT:
LIGHTHOUSE
FELLOWSHIP
CHURCH
PROPERTY OWNER:
JAMES HARRELL
STAFF PLANNER: Leslie Bonilla
REQUEST:
Conditional Use Permit (religious facility)
ADDRESS I DESCRIPTION: 463 S. Lynnhaven Road
GPIN:
14961835640000
ELECTION DISTRICT:
ROSE HALL
SITE SIZE: AICUZ:
Total Site: 2.9 acre site 70 to 75 dB DNL
Unit Size: 3,500 square feet
The applicant requests a Conditional Use Permit to operate a
religious facility within an existing shopping center. The church
has occupied the space since 1998, being unaware of the requirement for a Conditional Use Permit. The
applicant leases two (2) suites within a retail building of approximately 30,707 square feet. The overall
lease space for the proposed religious facility is 3,500 square feet. The applicant holds religious services
on Sunday, from 10:30 a.m. to 12:00 p.m. and Wednesday, from 6:30 p.m. to 7:30 p.m. Occasionally,
special services are held featuring guest speakers and musical programs. The church currently has an
average of 20 individuals attending services and has 50 seats available.
SUMMARY OF REQUEST
The submitted site plan indicates there are 144 parking spaces on the site. No additional landscaping,
parking lot alterations or exterior building modifications are proposed,
The proposed church use is located within an Air Installation Compatible Use Zone (AICUZ) of 70 to 75
dB DNL. Churches and related facilities are considered compatible; however, the applicant must ensure
compliance with noise level reduction features as set forth in the Virginia Uniform Statewide Building
Code.
LIGHTHOUSE FELLOWSHIP CHURCH
Agenda Item 4
Page 1
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Shopping center
SURROUNDING LAND
USE AND ZONING:
North:
. Single-family dwellings / R-7.5 Residential District
. Vacant land / R-2.5 Residential District
. Childcare center / B-2 Community Business District
. Single-family dwellings / R-7.5 Residential District
. South Lynnhaven Road
. Across South Lynnhaven Road are multi-family dwellings / A-18
Apartment District
. Single-family dwellings / R-7.5 Residential District
A portion of this property is located within the Chesapeake Bay
Preservation Area. No new development is proposed.
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South
Lynnhaven Road at this location is a four-lane minor urban arterial roadway. It is not designated on the City's
Master Transportation Plan. .South Lynnhaven Road is not listed in the CIP. to be upgraded.
TRAFFIC: Street Name Present
Volume Present Capacity Generated Trclffic
South Lynnhaven 19,400 ADT 22,800 ADT 1 (Level of Existing Land Use ~ - 133
Road Service "D") ADT
Proposed Land Use 3 -
30 ADT Weekday,
120 ADT Sunday
Average Daily Trips
2 as defined by 3,500 square feet of retail
3 as defined by 3,500 SQuare .foot church
WATER: This site has multiple existing water meter(s) which may be used or upgraded. There is an 8-inch
City water line' in South Lynnhaven Road. There is a variable diameter (4-inch to 6-inch) City water line
located in a public easement on site. There is a 6-inch City water line in Carnegie Road.
SEWER: This site currently connects to City sanitary sewer. There is an 8-inch City gravity sanitary sewer
main in Carnegie Road.
FIRE: The ap:>licant shall obtain a Certificate of Occupancy from the Department of Permits and Inspection if
the Conditional Use Permit is approved.
LIGHTHOUSE FELLOWSHIP CHURCH
Agenda Itern 4
Page 2
II I
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan designates this area as part of the Primary Residential Area. The land use
planning policies and principles for the Primary Residential Area focus strongly on preserving and
protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located
in this area.
Evaluation:
The church is compatible with the other commercial and religious uses within the shopping center and will
not negatively impact any neighboring properties. The church has been in operation at this location since
1998, and Staff has received no complaints regarding the use. The Zoning Ordinance requires ten (10)
parking spaces for a church with 50 seats. The site plan depicts 144 spaces. Based on the fact that the
proposed church has peak operational hours different from traditional business hours, staff finds that the
site's 144 parking spaces located on-site are sufficient for this use, the commercial uses, and the other
churches in the center.
CONDITIONS
1. The number of individuals attending anyone service shall not exceed the occupancy number
established by the City's Fire Marshall.
2. The applicant shall obtain all necessary permits and inspections from the Planning' Department /
Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of
Occupancy for the change of use from the Building Official.
3. This Conditional Use Permit is valid for three (3) years.
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.
LIGHTHOUSE FELLOWSHIP CHURCH
Agenda Item 4
Page 3
AERIAL OF SITE LOCATION
LIGHTHOUSE FELLOWSHIP CHURCH
Agenda Item 4
Page 4
i I I
t .l
~{
<>~
''t~;:'
14~~'
.,
~ i~
~ ~
~ '"
i ,;
~ ~
1 ?
i
}
. ,
L
<< 11
.\t-:, ','1
~, i~;
,~ ",
\,~\ lh
~t \\
,
J""
"
"
';
~
<
/1"
;Y
SITE PLAN SHOWING
CHURCH LOCATION
LIGHTHOUSE FELLOWSHIP CHURCH
Agenda ItefTl 4
Page 5
PHOTOGRAPH OF LEASE SPACE
PHOTOGRAPH OF COMMERCIAL CENTER
LIGHTHOUSE FELLOWSHIP CHURCH
Agenda Item 4
Page 6
I i I I
Moo 11:1' /!tole Li2hthouse Fellowship Church
.~~ ~J~;"'~.,,\a .-Ir .\1..... . ..J~~~/~~~o 7:}~"~~~
~ ~ nr.rl"I~~~ ~Jr/ N!!).
1 00 ~I: ~ '1,1"CJI~/~~' .~ - r. 'l
. · ,-,~~<~~~..:\,~~ R-25~ OlJ-!JJa~ ~ ~;-
it tf'G~~<:5~ in,.~ ~ ~ 0 0 0:: ~
Ul~~SlL" ~-~~~~W'~~"tJ~~'~1 ]/ ~o 00 f ~'I"'~"~' ~
U ~ Ul~ ~l.cr.",11~~~1Dj~ I) , ~ ~~ ~., \. 1-)
rt-.....~ l~ ,,.,.\, I~ J-g.. r 0 ~~ I(
r;;i~ ct.";! jIl OJ.., "1C&~.tffrl FKlJ ~ ~ ~~ ~
ilii 7i~ ~,,-' ~~ifl{ij ~~\ ~ 8t ~ W1n
\-1"T-f,f ~d'~~~~ \'\j 7)uB__~.
J>--! 2' 8 Q 1. [r' ~ ~7~ a 0 I
h':fI' g~ ' ~~'~~~ ~ ~' I
'a ~., ~ <:.':.:;.'<r- ~<.....' h 'f
.L · u: ii-IrT '::,l e;.~~~~ ~ 1-1
~ D lQ - ljJFf- ~~ 0.) ~ ~.~ ~ .c,a "-
L 1-Y Ll- ( '(' W ~ I 0
'~ 'aA~ ~ ~~~ iili 1f..lJ ~
fJJ _ ,,~ ;;ii1"';~/'J.i ~ ~~~ ~ JI ~'" CI ~. s~ <::, %.;
l:Jl+;~~~~~ '-4~11 i~ / - ~\~~ct\,,1 (~
~ ,-~-}~&:IJfr~~~~ei{.~ ~. I ~ &\~y 0 c
CUP for Religious Use
# DATE DESCRIPTION ACTION
1 05-12-09 Conditional Use Permit (church) Granted
11-16-87 Conditional Use Permit (gas pumps) Denied
04-09-73 Conditional Use Permit (dancing with live entertainment) Granted
11-27-72 Conditional Use Permit (gas pumps) No Action Taken
02-13-67 Zoning Chanae Granted
2 02-01-88 Conditional Use Permit (gas pumps) Denied
3 08-11-98 Subdivision Variance Granted
4 06-12-07 Modification of Conditions Granted
02-26-02 Modification of Conditions Granted
07-03-01 Conditional Use Permit (self-storage facility) Granted
ZONING HISTORY
LIGHTHOUSE FELLOWSHIP CHURCH
Agenda Item 4
Page 7
~ISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If':he applicant is a corporation, partnership, firm, business, or other unincorporated
or~anization. complete the following:
1. Ust the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach fist if necessary)
#,./611;' ~.... s. c F~'L'~::YC,-" 5.1':1-., r'> It if .l"i ;,IJ.?ll"Y (:-":,.
_ L, t., IS; 4:iij>~/lc~'e-f))
2. List all businesses that have a parent-subsidiary 1 or affiliated business enti!}?
relationship with the applicant (Attach list if necessary)
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:he property owner is a corporation, partnership, firm business, or other
ur:incorporated organization, complete the following:
1. Ust the property owner name followed by the names of all officers, members.
trustees, partners, €ltc, below: (Attacfllist if necessary)
~]"- ...... !! ........., <'. / 'jr, >t ,,>t-,..." ~
> A }'t1.t"". +1 ;:} R~.l'Lt ;' (, Af<i~,--t;..._ ,~'C" '__..1' f,~1't-s:'
f
2, List all businesses that have a parent-subsidiary 1 or affiliated business entrty2
relationship with the applicant (Attach list if necessary)
o Check here iHne property owner is NOTa corporation, partnership, firm,
business, or other unincorporated organization.
11, ~ See next page for footnotes
Does an official or employee or the City of Virginia Beach have an interest 10 the
subject land? Yes ___ No ,L
If 'fes, what is the name of the official or employee and the nature of their Interest?
CoOOtlOna; u~" PermU Apphwhon
of 'I)
7ij,'<'::ID7
z
o
. I
~
C~
~
ea
f-4
~
~
~
c:.I':)
t::J
~
o
. I
f-4
I I
c:=a
Z
o
u
DISCLOSURE SlATEMENT
LIGHTHOUSE FELLOWSHIP CHUI"tCH
Agenda Item 4
Page 8
z
o
I I
!:;3
U
~
=--
~
E--t
~
~
=--
~
;::::J
~
o
I I
E--t I
I I
c:=l ,
Z
o
u
i I I
DISCLOSURE STATEMEN
ADDITIONAL DISCLOSURES
Ust all known contractors or businesses that have or wi!! 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 jegal
services: (Attach list if necessary)
.
Nt:,;t,e.
1 "Parent-subsidiary relationship" means 'a relationship that exists when one
corporation directly or mdirecUy owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests ,t\ct, Va
Code S 2.2-3101
, '~Jfmated business entity reiahonship" means '8 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 controlHng
owner in the other entity, or (iii) there fS 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 dose working relationship
between the entitles." See State and Local Government Conmct of Interests Act. Va. Code S
2 2.31Ot .
CERTIFICATION: I certify that the mformation conl.lIned heremlS true and accurate
I umlerstand that upon rece,pt of notlflcabon (postcard) that the application has been scheduled for
pubhc heanng, I am responsible for oolammg and posting the reqUired sign 011 the subject property at
!easl 30 days prior to the scheduled pubac hearing accordtng to the Instructions in th,s package The
unden;'gned also consents to entry upon the subje.ct property by employees 01 the Department of
P!anrW'lg to photograph and view the site for pUrposes of processmg and eva!uatmg tl'lIS applicalion
t.-.
{
----"~ ';1'. , "";f--- I '.
Property Owner S Signature (If different tnan appltcantj
Ccrtd.itloni1! U$~ p'em)*! APP.:'C.u'I~<:,)."""
100f 10
: t"JJ2txr"
DISCLOSURE STATEMENT
LIGHTHOUSE FELLOWSHIP CHURCH
Agenda Itern 4
Page 9
Lighthouse Fellowship Ministries, Inc,
463 South Lynnhaven Road
Virg:inia Beach, VA 23452
CORPORATE OFFICERS
B.G. Campbell, President
3185 Gallahad Drive
Virglinia Beach, VA 23456
Dianne Campbell, Vice President
3185 Gallahad Drive
Virg'inia Beach, VA 23456
Joyce Simms, Secretary /Treasurer
3185 Gallahad Drive
Virglinia Beach, VA 23456
Dan Harris, Director
1201 Copperstone Ct.
ChE~sapeake, VA 23320
Seben Griffin, Director
5505 Samuelson Court
Vir9inia Beach, VA 23464
DISCLOSURE STATEMENT
LIGHTHOUSE FELLOWSHIP CHURCH
Agenda ItafTl 4
Page 10
i I I
Item #4
Lighthouse Fellowship Church
Conditional Use Permit
463 South Lynnhaven Road
District 3
Rose Hall
June 10, 2009
CONSENT
Joseph Strange: The next matter is agenda item 4. An application of Lighthouse Fellowship
Church for a Conditional Use Permit for a church located at 463 South Lynnhaven Road, District
3, Rose Hall, with three (3) conditions.
Pastor B.G. Campbell: We've been there eleven years and we just unfortunately learned that we
were supposed to have a Conditional Use Permit. I apologize for us not having it. So, we've
done everything. I understand the conditions and we are moving to have all of those conditions
met and accepted.
Ed Weeden: For the record, state your name?
Pastor B.G. Campbell: I'm sorry. My name is B.G. Campbell. I'm Past~r of Lighthouse
Fellowship.
Joseph Strange: Okay. Thank you Pastor.
Pastor B.G. Campbell: Thank you.
Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? If
not, the Chairman has asked Kathy Katsias to review this item.
Kathy Katsias: The applicant, Lighthouse Fellowship Church, is requesting a Conditional Use
Permit for a religious facility. The applicant has occupied the space since 1999 and was unaware
that a Conditional Use Permit was necessary. They currently have 20 individuals attending
services and 50 seats available. The staff recommends approval. We concur with staff; therefore,
we placed it on the consent agenda.
Joseph Strange: Thank you Kathy. Madame Chairman, I make a motion to approve agenda item
4.
Janice Anderson: A motion by Joe Strange.
Eugene Crabtree: I'll second it.
Janice Anderson: A second by Gene Crabtree.
Item #4
Lighthouse Fellowship Church
Page 2
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KATSIAS AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 11-0, the Board has approved item 4 for consent.
II I
-26-
v 0 tin g :
10-0
Council Members Voting Aye:
Jom A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Bolland, M.D.. W. B.
Kitchin, III. Reba S. Heelanan, Mayor J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
. .,'
"., . ...~- ~. '
.' ,
.: ".t...;..."
. ",l.. .....
-25-
ITEM II-F.2.d
ITEM 1117064
Mr. Pat Ridd.ick appear,~d in behalf of the applicant
Upon motion by Council:nan Baum, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of BLACKWATER BAPTIST CHURCH for a
Conditional Use Permit. subject to the recommended conditions transmitted
in the City Manager's letter, as follows:
m~INANCE UPON APPLICATION OF BLACKWATER BAPTIST
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
R088l413
BE IT ORIIAlNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
OrdinanCE upon application of Blackwater Baptist Church for
a ConditjDnal Use Permit for a church on certain property
located c'n the East side of Blackwater Road beginning at its
intersection with Indian Creek Road, running a distance of
510.56 feet along the East side of Blackwater Road, running a
distance of 483.29 feet along the Southern property line,
running B distance of 314.72 feet along the Eastern property
line, rlJ[lning a distance of 203.99 feet in a Westerly direction,
rllllning a distance of 66 feet in a Northerly direction, running a
distance of 276.94 feet in a Westerly direction, running a
distance of 66 feet in a Southerly direction and running a
distance of 81 feet in a Westerly direction. Said parcel
conta ins 5.17 acres. BLACKWATER BOROUGH.
Approval is subject to the following provisions in
conjunction with the intended use of the land:
1. Standard improvements 8S required by the Site Plan
Ord inance .
2. A soil anaylsis of the site.
This Ordinan(:e shall be effect-ive from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Seventeenth day of August, 1981.
RI 1 71 R 1
BLACK'NATER BAPTIST CHURCH
Map H-22
Me Not Scale
Blackwater Ba tist Church
.c., ~
D '.0
00
AG.1
AG.2
AG.2
e:."D
Om
90
:. n~ c;;:J
. Co
o
CiJ m,
c::::J
o
Relevant Information:
· Princess Anne District
· The Cllpplicant requests a Conditional Use Permit for an expansion of
the slouth end of the church building to provide a youth activity room
and two classrooms.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (11-0)
· Them was no opposition.
· Consent agenda.
I II I
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: BLACKWATER BAPTIST CHURCH, Modification of Conditions, approved
by City Council on August 17,1981,6000 Blackwater Road. PRINCESS ANNE
DISTRICT.
MEETING DATE: July 14, 2009
. Background:
Blackwater Baptist Church is one of the city's older churches, being established
in the1860s. On August 17, 1981, the City Council granted a Conditional Use
Permit for an expansion to the church. The plan submitted with that Use Permit
proposed a one-story addition on the north side of the building, which is now
used as a social hall.
The applicant now desires to modify the 1981 Use Permit to permit an additional
expansion.
. Considerations:
The church requests a 1,800 square foot addition to the south end of the church.
This proposed addition will be for a youth activity room and two classrooms. The
fa9ade of the church addition is designed to match the exterior building materials
and style of the existing building.
There was no opposition to this request.
. Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 11-0 to recommend approval to the City Council
with the following conditions:
1. All conditions attached to the Conditional Use Permit granted by the City
Council on August 17, 1981 remain in affect.
2. The following shall be considered additional condition s of the August 17,
1981 Conditional Use Permit:
a. The site shall be developed in substantial conformance with the
submitted plan modified by hand to show the "Proposed Addition" to
BLACKWATER BAPTIST CHURCH
Page 2 of 2
the south side of the existing church entitled "Resubdivision of property
for the Blackwater Baptist Church" Sheet 1 of 1, prepared by Mel Smith
& Associates and dated January 25. Said plan has been exhibited to
the Virginia Beach City Council and is on file with the Virginia Beach
Planning Department.
b, Modifications to the site plan, as approved by the Director of Planning,
may be made as necessary to address any changes that may result
during detailed site plan review through the Development Services
Center (DSC).
c, The proposed building addition shall be constructed substantially in
accordance with the submitted "Front and Right End Elevations
prepared by Mark Conboy General Contractor, Inc. Said elevations
have been exhibited to the Virginia Beach City Council and are on file
with the Virginia Beach Planning Department
. Attachments:
Staff Review and Disclosure Statement
Planning Commission Minutes
Location Map and Summary
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager~~~ lL.. · 0tJDI'Y'J..
i I I
Map H-Z2
Blackwater Ba tist Church
#6
~'I
.r> .:'00
~'I
\
June 10, 2009 Public Hearir:-g
APPLICANT AND PROPERTY
OWNER:
BLACKWA TER
BAPTIST CHURCH
~'2
~'2
c:::-oo Om
STAFF PLANNER: Karen Prochilo
REQUEST:
Modification of a Conditional Use Permit for an expansion of a church approved by the City Council on August
17, 1981.
ADDRESS I DESCRIPTION: 6000 Blackwater Road.
GPIN:
13982187120000
ELECTION DISTRICT:
PRINCESS ANNE
SITE SIZE:
9.64 acres
AICUZ:
Less than 65 dB DNL
SUMMARY OF REQUEST
A Conditional Use Permit permitting a church was approved by the City Council on August 17, 1981. The
Conditional Use Permit has two (2) conditions: .
1. Standard improvements as required by the Site Plan Ordinance.
2. A soil analysis of the site.
The applicant desires to modify the 1981 Use Permit for a church expansion that consists of a 1,800
square foot addition to the south end of the church. This proposed addition will be for a youth activity
room and two classrooms.
The approved Conditional Use Permit had a Site Development Plan associated with it showing the church
with a proposed one-story addition on the north side of the building that is now used as a social hall.
BLACKWATER BAPTIST CHURCH
Agenda Item 6
Page 1
The fa9ade of the church addition is designed to match the exterior building materials and style of the
existing building.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Church with gravel parking lots on two sides of the church. The remaining property is
undeveloped.
SURROUNDING LAND
USE AND ZOI\lING:
North:
· Across Shirley Landing Drive, rural residential lots/ AG-2
Agricultural District
· Across Blackwater Road, rural residential lots/ AG-2
Agricultural District
· Rural residential lots and wetlands/ AG-2 Agricultural District
· Across Blackwater Road, Blackwater Fire Station / AG-2
Agricultural District
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The rear quarter of site is mainly wooded and there are wetlands in the
southern portion of the property. There are no known significant
environmental or cultural features.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): The site has
direct access to Blackwater Road at its intersection with Indian Creek Road. The site also has direct access to
Shirley Landin~ Drive.
Blackwater Road is a Rural two-lane highway. Blackwater Road in the vicinity of the site is not on the Master
Transportation Plan, and there are no CIP projects on Blackwater Road. Indian Creek Road and Shirley
Landing Drive are also not listed in the Master Transportation Plan and do not have CIP projects,
TRAFFIC: . Street Name Present Present Capacity Generated Traffic
Volume
Blackwater Road 1,500 ADT 1 7,400 ADT 1 (Level of Existing Land Use 7_
(2008) Service "C") - 68 ADT weekday
12,000 ADT 1 (Level of 275 ADT Sunday
Service "D") - Capacity Proposed Land Use 3 -
Indian Creek Road No counts 9,900 ADT 1 (Level of 85 ADT weekday
available Service "D") - Capacity 341 ADT Sunday
Shirley Landing No counts 9,900 ADT 1 (Level of
Drive available. Service "D") - Capacity
BLACKWATER BAPTIST CHURCH
Agenda Item 6
Page 2
II I
Average Daily Trips
2 as defined by 7,500 SF Church
3 as defined b 9,300 SF Church
WATER and SEWER: No water and sewer are available to the site.
Recommendation:
Staff recommends approval of this
requested modification, as conditioned below.
EVALUATION AND RECOMMENDATION
Evaluation:
The request for a church addition is acceptable. In summary, the proposal is in conformance with the
Comprehensive Plan's recommendations for the Rural Area. The proposed addition will be an ancillary
use for the church and will not result in an increase in the church's membership. The proposed exterior
building materials reflect the materials used on the existing structure. Thus this application is
recommended for approval subject to the conditions listed below.
CONDITIONS
1. All conditions attached to the Conditional Use Permit granted by the City Council on August 17, 1981
remain in affect.
2. The following shall be considered additional condition s of the August 17, 1981 Conditional Use
Permit:
a. The site shall be developed in substantial conformance with the submitted plan modified by
hand to show the "Proposed Addition" to the south side of the existing church entitled
"Resubdivision of property for the Blackwater Baptist Church" Sheet 1 of 1, prepared by Mel
Smith & Associates and dated January 25. Said plan has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach Planning Department.
b. Modifications to the site plan, as approved by the Director of Planning, may be made as
necessary to address any changes that may result during detailed site plan review through the
Development Services Center (DSC),
c. The proposed building addition shall be constructed substantially in accordance with the
submitted "Front and Right End Elevations prepared by Mark Conboy General Contractor, Inc.
Said elevations have been exhibited to the Virginia Beach City Council and are on file with the
Virginia Beach Planning Department
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.
BLACKWATER BAPTIST CHURCH
Agenda Item 6
Page 3
AERIAL OF SITE LOCATION
BLACKWATER BAPTIST CHURCH
Agenda Item 6
Page 4
wELVYN R. SNI'ni, LS. 113M
!
SIt
....()
~i
....
~~
~
.e~
c:t
~\
.3
I
8'1
SIt
Q,
fDCl1- 8
Now Of Formetly
BLAC1<WAlER FARMS. INC.
0.9, 4129, PG.686
RDlAIHlNG 74.16 AC
H 3382112.57
E 12192458.2J
C2 _-~
588'28 4n:- 209.88" - - V;-288"'1l8' " ..",
..,.. :J 'tf.
~,. ~
)~~____~~[~~~J~~~----~ ~.\
~ ~
~\' Jt04"21'44"W 59.7cr tw.
\ ~ ------
l; ...t. _t,"'" ~,.,...,"W ;;;f.i~
/ .\1 -,-~
~\\
/ ~ ::; \ Kow << FormerlY I
,. ~ \ \ BLAC1<WA lER BAPnST CHURCH ,
~ ':tJI \ ~ ~ 0.8. 18/1, PG. 41JJ ~
~ ~ \ ~ D.B.~.PG.21 ~
lS' 10 PHYSICAl. ~ '\. C. PPJ1NN 13~3- 21 - 7845 ~
Q. Of PA\OfEHT(T'IP} \\ \ \..--.f}~ed
\ \ \ ~ aM \ ~', en
\ \ .~, PARCeL "A" .
!I.7BJ Ac. Totd
GPIN 1398-21-8712
GUN TAEE
N 3381678.13
E 12192582.81
I
,
\~
~
.....".....1~
............... \ -;,
R-l150.00" ..,..,...,
L.11~2B' "&~,f.....,,, \2
. 1'1.;;:6 ~
s ~ ..,.....~......... \01';
C'-.. .","'" .. '" ~
~ . ..,'" Exist'"' Propert)' Une H.IIb)' !'" 1......
~X Voc<rted t:;.\
. \-:: ... .. ..
..9'
-.l ...
:-' \1'_
..
11)_ .
..
..
@
..
..
..
Cer\llled 10 lie . mue COf"(
01 .eco<<i in my cut\Ody.
J Curta fnliI. CleI\
;~~~va.
\
..
I
~ ~ @ 15.17~ \
t'~ ... .. ~ 1...'73.69'"
~~$Jo ~fI,-::575.00'
. ~!>7"t .
9fl.1~
BJaepatel' (30' R/Yf') Road
(8Y1fO ACT)
..
..
...
..
..
..
SITE PLAN
BLACKWATER BAPTIST CHURCH
Agenda Item 6
Page 5
J
-~)
'-r- :,
,:;. "r;J
"
.'
.J
)
,~,) >
r,
c)
".J -9
:~_,..L
:::
;;: "---10-
~-
I'
,..,
_I
I
-I
I.
~
lJ-
L
;;:.;
L,~"i
PROPOSED BUILDING ELEVATION
BLACKWATER BAPTIST CHURCH
Agenda Item 6
Page 6
II I
AC.l I
~
Blackwater Ba tist Church
oc) 0
D ,Do
. 0
Map H-22
Me Not 0 Sc Ie
AG.2
AG.2
1 AG-l
,
P ARP AR
PARPARPAR
P ARP ARP AR
~DO
Dm
CJ
\>0
1 07/02/07 Conditional Use Permit (Communication Tower) Withdrawn
12/05/00 Conditional Use Permit (Riding academy, horses Approved
for hire and boarding)
2 08/10/99 Subdivision Variance and Conditional Use Permit Approved
(Alternative Residential)
3 03/24/92 Conditional Use Permit (Sinqle-familv dwellinqs) Approved
4 08/17/81 Conditional Use Permit (Church) Approved
ZONING HISTORY
BLACKWATER BAPTIST CHURCH
Agenda Item 6
Page 7
z
co
I I
!<
~
I I
.....:t
r;:::t....e
~
~
z
co
I .
:E--t
I I
Q
Z
co
~
~
o
Z
o
. I
I<
~
. c
~
. I
Q
CO
~
APPLICANT DISCLOSURE
If the applicant is a corporation partnership firm business or other LHllr1COrporated
organization, compiete the following
1 List the applicant name followed by the names of al1 officers members trustees.
partners ete below: (Attactt list if nocessary)
2 List an businesses that have a parent-subsidiary I or affiliated busmess entity.2
relationship with the applicant (Attacl1list Ifnecessary)
---------,.---....._--,--,-------""-"-,~"~~~--~~~._._-------~'"=~~~>~,~~
[g' Check here if the applicant IS NOT a corporation partnership. firm busmess or
other umneorporated organization
PROPERTY OWNER DISCLOSURE
Complete this sectIOn only If prop(~rty OWiler is different from applicant
If the property owner is a corporation partnership. firm bUSiness or other
unmcorporated orgamzatlon. complete the following'
1. List the property owner name followed by the names of all officers members.
trustees partners. ete below (Attach fist if necessary)
2. Ust all businesses that have a parent-subsldiari or affiliated business emtfty2
relationship With the appHeant (Attach list t( necessary)
o Check here if the property owner IS NOT a corporation partnership, firm
bUSiness. or other unincorporated organization
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 nalure of thefr Interest?
\1'>.x1~k:a:l\on oJ C't,)tH,:Ntons
q
t 3;ul
BLACKWATER BAPTIST CHURCH
Agenda Item 6
Page 8
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
Ust al! known contractors or busmesses that have or will provide services with respect
to the requested property use including but not hmited to the providers of architectural
services, rea! estate services, financlai services, accountmg services and legal
services iAttach list If necessary)
"Parent-subsidiary relationship means's relahonship that e XISI!! when one
corporation directly or mdlrectiy owns shares possessing more than 50 percent of the voting
power of another corporaflon See Stale and local Government ConfHct of interests Act. Va
Code S 22<3101.
, "Affihated business enllty relationship' means a relationship other than parent-
subSidiary relationship. that eXIsts when 11) one busmess entity has a controlling ownt'!fsh,'p
interest In the other t:)U~lIness entity iNl a controlling owner In one enhty is also a controlling
ownelin the other entity or WI) there IS shared management or control between the busmess
entitles Factors that should be considered in determining the eXlstenoo of an affiliated
business entity relatlonslllp Include that the same person or substantially the same person
own or manage the Iwo entJties there are common or commingled funds or assets the
business enhtls!> share the use of the same offices or employees or otherwise share actrvities
resources or personnel on a regular basis' or there IS otherwise a close working relatIonship
between lhe entities:' See State and local Government Conflict of Interests Act Va. Code S
22-3101
CERTIFICATION: ! certify Ihallna Information contalnoo herem is true and accurate
I understand that upon receipt of notrficatlon tpostcard) that the application has been sci1eduletl for
public. he:an!19 I am responsit)'e fur obtaiI1l!1g and post\!19 the reqUired sign on the $Ublect p'OJ,Jerty at
least 3D days pnor to the scheduled public hearing accordll"lg to the Instructions In thiS package The
underSIgned alSO consents to entry lJpon the subject property by employees of the Department of
Planning to photograph and vIew the site for purposes of processing and evaluahng thIS application
s
tMn
Mm:Mi~ahf;n ;,yf 1 ,(~n,'1rt:on() ..\ppLu-l.h(M~
P~tl* 11 Cf 1~
Re'\fn~j 7 :kJOO~
II I
z
o
I I
!<
t....:'
I .
......::I
t=L.c
~
~
Z
CJ
. .
f--4
. .
~
Z
o
t....:'
~
o
~
I I
~
t....:'
. .
~
I I
~
o
=s
DISCLOSURE STATEMENT
BLACKWATER BAPTIST CHURCH
Agenda Itep1 6
Page 9
Item #6
Blackwater Baptist Church
Modification of C ::mditions
6000 Blackwater Road
District 7
Princess Anne
June 10,2009
CONSENT
Joseph Strange: The next application is item 6. An application of Blackwater Baptist Church for
a Modification of Conditions approved by City Council on August 17, 1981 on property located ..
at 6000 Blackwater Road, District 7, Princess Anne, with two (2) conditions.
Pat Riddick: My name is Pat Riddick. I'm a trustee representing Blackwater Baptist Church.
Joseph Strange: .A.re the conditions acceptable?
Pat Riddick: Yes they are.
Joseph Strange: Thank you very much sir. Is there any opposition to this matter being placed on
the consent agenda? If not, the Chairman has asked Al Henley to review this item.
Al Henley: Thank you Mr. Strange. Once again, the address is 6000 Blackwater Road. The
applicant desires to modify the 1981 Use Permit for a church expansion that consists of 1,800
square foot addition to the south end ofthe church. The proposed addition will be for youth
activities and two (2) classrooms. The approved Conditional Use Permit for a Site Development
Plan associated with it showing the church with a proposed one-story addition on the north side
of the building that is now used for a social hall. The fayade of the church addition is designed
to match the exterior building materials and style of the existing building. There is no opposition
to this particular application. Staff recommends approval so; therefore, the Planning
Commission has placed this item on the consent agenda. Thank you.
Joseph Strange: Thank you Ai. Madame Chairman, I make a motion to approve agenda item 6.
Janice Anderson: A motion by Joe Strange.
Eugene Crabtree: I'll second it.
Janice Anderson: A second by Gene Crabtree.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
, II I
Item #6
Blackwater Baptist Church
Page 2
HENLEY AYE
HORSLEY AYE
KATSIAS AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 11-0, the Board has approved item 6 for consent.
HOWA~tD R. TABOR
Map G-; 7
MOD Not to .;co)e
~:~~D:. B'~, U = i -;0 ~ ""~:,, ., '~.. ~ ~W ~
Q l' 'v'!), fQ17 00 ~ J.I L-
g;:r rf "'1\\ U 1.(' Ilo'I. " ~
o "'U "l ~r-{;J6 [j J 1.'1'1 " ~. ~
\--::1'I~r- IF ~," ""~_
rv..,oo5\8 "11Wo"'- "J .r- .\~ ~~ 3;~ '~~ ~~\ftJ\~
R ' r1 FIi~'f'U! -1~ 1 I) . " :: '\ '\ ~ lllllrc-~.J){s \)
5680 :~. ls7MiC '~c.,jJ ~ l"m\''\ "\. K ,['ill; .-"" a
~ - 004 ~ '.,00.3, .r"\:., ~\ ...... U'lSU.J \. ~
~ 'l~ ~ ~,
LI Y II ~o ".; ~
~ TRAIL ---=--- ~ 7' ~ 11'\ ad 'S: I ',m' \. .L . ....JI ~ "V.u~ ~
-w;~~~.~~oo" ~ I ~ ~~ ~ '<"'.~ ~ ~ \li~
~D~O to. ~., ~ .4 ~ LJ\C ~ r ~ " Q1j
o J!S -, l:IT " 1M ....>.,,.........,
I I. -'C: '\l 011 I c;: :l. -016 ~
~ ,~\~\\D03 ~ a ~ !=J~~'.L~!L02 ~ ~ ~ 'rc
~ ~I~\t 004 001 \ ;rw.- 1!.~~l~ LQg.
~05 ~ ~o \ ~,LJ.,[l..M!'l\ '- l~ ~
[} 005 l\ ~
~\L II-< ~ a y?,- .iI!l.\r=-'~ D.!l.'I~\C
i'L-I \ ......' ~ f'006 r I ( ~ ...... (.m~ ::-.J~\(Wlm" "1\
:'-J~U ~ IJ~, .........~ ~ 0 ,.-. t-..
CUP - for Automobile Repair Garages & Motor Vehicle Sales
Howard Tabor
Relevant Information:
· Rose Hall District
· The clpplicant requests a Conditional Use Permit for motor vehicle
sales. The applicant has a prior Use Permit for a service station.
· The 21pplicant desires to sell from the site up to five vehicles that he
obtains from customers who turn over their vehicles to him in lieu of
payment for repair services.
Evaluation and Recommendation:
· Planning Staff recommended approval and also attached new
conditions further regulating the electronic display sign on the site.
· Planning Commission recommends approval (11-0)
· Them was no opposition.
· Consent agenda.
I II I
~
If-
~7,
'i'
-..........~...........~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: HOWARD R. TABOR I DEEPAK PATEL, Conditional Use Permit,
automotive repair garage and motor vehicle sales, 300 S. Rosemont Road. ROSE
HALL DISTRICT.
MEETING DATE: July 14, 2009
. Background:
The applicant requests a Conditional Use Permit to allow motor vehicles sales.
The site is an existing active automobile service station.
An existing Conditional Use Permit permitting automobile service station and
repair was approved by the City Council on May 25, 1999. A Modification to this
Use Permit for a LED monument style sign was approved on January 13, 2009.
The applicant wishes to retain the existing Conditional Use Permit and its
modification but requests another Conditional Use Permit for motor vehicle sales.
. Considerations:
The motor vehicle sales requested by the applicant will consist of five vehicles
parked at the front of the site. The vehicles for sale consist of vehicles the
applicant acquires from customers in lieu of payment for repair services. There
may be anyWhere from one to five vehicles for sale on the lot dependent on how
many vehicles the applicant has acquired in this manner. The vehicular
entrances on Victoria Drive, the westernmost access point on South Plaza Trail,
and the southernmost access point on Rosemont Road will be closed to improve
traffic safety. Upgraded landscaping will be installed.
There was no opposition to this request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
recommend approval to the City Council with the following conditions:
1. All conditions attached to the Conditional Use Permit granted by City Council
on May 25, 1999 and the Modification of Conditions granted by City Council
on January 13, 2009 shall remain in effect.
HOWARD R. TABOR
Page 2 of 3
2. VehiGles for sale shall be limited to five (5) vehicles in defined parking spaces
to be determined and located within an area designated for display within the
paved parking lot._No vehicles shall be parked within any portion of the public
right-of-way. No vehicles shall be displayed on raised platforms, earthen
berms, or any other structure designed to display a vehicle higher than the
elevation of the main parking area.
3. The landscaping shall be supplemented along Rosemont Road, South
Plaza Trail, and Victoria Drive. The applicant shall request an inspection of the
lands.caping for approval by Planning Department staff (Current Planning /
Zoning) before a business licen-se is issued to operate automobile sales on
the site.
4. The vehicular entrance on Victoria Drive, the westernmost access point on
South Plaza Trail, the southernmost access point on Rosemont Road shall be
closed. The applicant shall install curb and gutter, landscaping, and sidewalk
to mcltch existing.
5. Them shall be no pennants, streamers, balloons, portable signs, or banners
displayed on the site or the vehicles.
6. All containers shall be removed from the site. The applicant shall request an
inspection of the landscaping for approval by Planning Department staff
(Cum:mt Planning / Zoning) before a business license is issued to operate
automobile sales on the site.
7. All vehicle repairs shall be conducted inside the building. No outside storage
of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this
condition require storage, then such vehicles shall be stored within the
building.
8. There! shall be no storage 'of tires, merchandise,.or debris of any kind outside
of the building.
9. All outdoor lighting shall be shielded to direct light and glare onto the
premises; said lighting and glare shall be deflected, shaded and focused
away from adjoining property.
10. The additional conditions of the May 25,1999 Use Permit, as modified by the
City Council on January 13, 2009, are deleted and replaced with the
following:
a. The monument sign proposed to be installed at the southwest corner
of the site shall be substantially consistent with the submitted
enhanced photo elevations of a light-emitting diode (LED) sign. The
sign shall not have video playback capabilities nor have any audio
II I
HOWARD R. TABOR
Page 3 of 3
capabilities. Said sign shall replace the existing sign at the same
location, and shall be no higher than eight (8) feet. A landscape plan
for plantings around the base of the sign shall be submitted to the
Current Planning Division of the Department of Planning for approval.
b. No such sign shall advertise or direct the attention of the general public
to an establishment, business, or service that is located on a separate
site from the zoning lot on which the sign is located.
c. The sign shall include a light-sensitive photocell feature that will reduce
and increase the intensity of the LED output commensurate with the
external ambient light level (LED output reduction for night and cloudy
conditions and LED output increase for daytime sunny conditions).
d. No portion of the material displayed by any such sign, including
backgrounds, colors, pictures, lettering, pictures, or other graphics,
shall be changed more frequently than once every eight (8) seconds.
This shall not, however, prohibit a single element on any static image
from movement (as in a butterfly or bouncing ball moving across the
screen during a static image message).
e. Video displays or audio speakers on, or electronically connected to,
such signs shall not be permitted.
. Attachments:
Staff Review and Disclosure Statement
Planning Commission Minutes
Location Map and Summary
Recommend~d Action: Staff recommends approval. PI?lnning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: \L ,~1l'i"l"'2..
#7
June 10,2009 Public Hearing
APPLICANT:
HOWARD R.
TABOR
PROPERTY OWNER:
DEEPAK PATEL
STAFF PLANNER: Karen Prochilo
REQUEST:
Conditional Use Permit (auto sales and service)
ADDRESS I DIESCRIPTION: 300 South Rosemont Road.
GPIN:
14876077750000
ELECTION DISTRICT:
ROSE HALL
SITE SIZE:
30,754 square feet
AICUZ:
The site is bisected by an
AICUZ of Less than 65 dB
Ldn and 65 to 70 dB Ldn
surrounding NAS Oceana.
The site is also in Sub-Area
3 of the 65 to 70 AICUZ.
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow motor vehicles sales. The site is an existing
active automobile service station.
An existing Conditional Use Permit permitting automobile service station and repair was approved by the
City Council on May 25, 1999. A Modification to this Use Permit for a LED monument style sign was
approved on January 13, 2009. The applicant wishes to retain the existing Conditional Use Permit and its
modification but requests another Conditional Use Permit for motor vehicle sales. The motor vehicle sales
will be for the vehicles the applicant acquires in lieu of payment for repair services.
The current Conditional Use Permit with its modifications has three (3) conditions:
HOWARD R. TABOR
Agenda It~,-n 7
Page 1
II I
1. All conditions with the exception of Number 3 attached to the Conditional Use Permit granted by
the City Council on May 25, 1999 remain in affect.
2. Condition Number 3 of the May 25, 1999 Conditional Use Permit is deleted and replaced with the
following:
Any existing non-conforming free-standing signs located on the site shall be removed and
replaced with a single monument style sign with landscaping. The sign shall be developed in
accordance with the submitted plans titled "Roving Auto 300 Rosemont Road; Virginia Beach,
Virginia, Design Number 20560-R2", prepared by Cardinal Sign Corporation, dated 11-18-08.
Said plans have been exhibited to the Virginia Beach City Council and are on file with the
Virginia Beach Department of Planning.
3. The following shall be considered additional conditions of the May 25, 1999 Use Permit:
a. The monument sign proposed to be installed at the southwest corner of the site shall be
substantially consistent with the submitted enhanced photo elevations of a light-emitting
diode (LED) sign. The sign shall not have video playback capabilities nor have any audio
capabilities. Said sign shall replace the existing sign at the same location, and shall be no
higher than eight (8) feet. A landscape plan for plantings around the base of the sign shall
be submitted to the Current Planning Division of the Department of Planning for approval.
.
b. The LED sign shall not advertise any other businesses other than the one on which the
sign is located.
c. The sign shall include a light-sensitive photocell feature that will reduce and increase the
intensity of the LED output commensurate with the external ambient light level (LED
output reduction for night and cloudy conditions and LED output increase for daytime
sunny conditions).
For additional reference the original Conditional Use Permit conditions are as follows:
1. The project shall be developed as depicted on the submitted site plans and renderings presented
to the City Council and on file in the Planning Department.
2. No outside storage vehicles or outside repair work shall be permitted. All vehicles scheduled for
repair must be stored inside the service bays when the repair facility is closed. No auto body work
is permitted.
3. The Zoning Administrator has indicated that there are two non-conforming free-standing signs
located on the site. The signs shall be removed and replaced with a single monument style sign
with landscaping.' .
4. Additional plant material, to include low level shrubs and annuals, shall be added to the existing
grassed areas along the road frontage. Year around shrubs shall be included.
5. There shall be no truck rental allowed.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: automobile service station and repair
SURROUNDING LAND
USE AND ZONING:
North:
. Across Victoria Drive is single-family residential / R-7.5
Residential District
. Across South Plaza Trail is a gas station and restaurant / B-2
Community Business District
South:
HOWARD R. T AB.oR
Agenda Itap" 7
Page 2
East:
West:
· Small retail strip / B-2 Community Business District
· Across South Rosemont Road is retail / 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 paved parking area. There are no known significant natural
resources or cultural features on this site.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP):
S. Rosemont Hoad is a four-lane minor urban arterial roadway designated on the City's Master
Transportation Plan to be improved to a six-lane divided arterial with a 165-foot wide right of way and a
bikeway. There are no CIP projects on Rosemont Road. S. Plaza Trail is a two-lane minor suburban arterial
roadway. It is not designated on the City's Master Transportation Plan and there are no CIP projects for it.
Victoria Drive is a two-lane local street. It is not designated on the City's Master Transportation Plan and
there are no CIP projects for it.
TRAFFIC: Street Name Present Present Capacity
Volume Generated Traffic
S. Rosemont Road 35,600 ADT' 22,800 ADT I (Level of Existing Land Use 2_
(2008) Service liD") - Capacity 1348 ADT (102 AM Peak,
South Plaza Trail 10,500 ADT 15,000 ADT I (Level of 116 PM Peak)
(2008) Service liD") - Capacity Proposed Land Use 3 -
1369 ADT (102 AM Peak,
Victoria Drive No 9,900 ADT J (Level of 116 PM Peak)
information Service liD") - Capacity
available
Average Daily Trips
2 as defined by 2,OOOSF auto repair center wI 8 gas pumps
3 as defined bv 2,OOOSF auto repair center wI 8 Qas oumos and auto sales
The site is located on the northeast quadrant of the signalized intersection of Rosemont Road and S. Plaza
Trail. The site has direct access to S. Plaza Trail by two entrances and direct access to the northbound
lanes of Rosernont Road by two access points. There is also one access point to Victoria Drive. There are
existing traffic Goncerns associated with the proximity of the existing access points on Rosemont Road and
South Plaza Trail to the adjacent signalized intersection, which is well over capacity in the morning and
afternoon peak periods. With this additional use of the property, Traffic Engineering will require that the
western acceS5 point on S. Plaza Trail and the southern access point on Rosemont Road be closed. The
closure of these access points will provide for more on-site parking/storage areas and will improve the safety
and efficiency of the congested Rosemont Road/South Plaza Trail intersection.
WATER and SiEWER: This site is already connected to City water and City sanitary sewer,
FIRE: No Fire Department comments at this time.
HOWARD R. TABOR
Agenda Item 7
Page 3
II I
Recommendation:
Staff recommends this item be
deferred to allow additional time to address the recommendation of Traffic Engineering for the closure of
access points and the potential relocation of vehicle sales display area. Staff cannot recommend support
of this request without closure of some access points,
EVALUATION AND RECOMMENDATION
NOTE: At the June 11 Planning Commission hearing, the applicant and the Planning
Commission discussed and resolved these issues. Staff, therefore, finds the request acceptable
with the conditions approved at the June 11 hearing.
Comprehensive Plan:
The Comprehensive Plan Map and land use policies place this site within the Primary Residential Area,
which indicates the importance of neighborhood character and its relationship to compatible land use and
traffic management.
The land use planning policies and principles for the Primary Residential Area focus strongly on
preserving and protecting the overall character, economic value and aesthetic quality of the stable
neighborhoods located in this area. In a general sense, the established type, size, and relationship of land
use, both residential and non-residential, located in and around these neighborhoods should serve as a
guide when considering future development, (page 90).
The Comprehensive Plan Policy document also reinforces the suburban characteristics of commercial
centers and other non-residential areas for this area. The Plan stated that: "Limited commercial or
institutional activities providing desired goods or services to residential neighborhoods may be considered
acceptable uses on the edge of established neighborhoods provided effective measures are taken to
ensure compatibility and non-proliferation of such activities," (page 91 ).
Evaluation:
Staff recommends deferral of this request. This proposal adds more activity on to a site that fronts on a
busy roadway with too many access points. The concerns of access points too close to the intersection
and an access point on the residential side street need to be addressed. Staff recommends closure of the
access point on Victoria Drive which leads to a residential neighborhood and closure of access points
closest to the signalized intersections at Rosemont and South Plaza Roads.
If the Planning Commission determines approval of the application is appropriate, the following conditions
are recommended.
CONDITIONS
1. All conditions attached to the Conditional Use Permit granted by City Council on May 25, 1999 and the
Modification of Conditions granted by City Council on January 13, 2009 shall remain in effect.
2. Vehicles for sale shall be limited to five (5) vehicles in defined parkina spaces to be determined and
located within an area desianated for displav within the paved parkina lot. No vehicles shall be parked
within any portion of the public right-of-way. No vehicles shall be displayed on raised platforms,
earthen berms, or any other structure designed to display a vehicle higher than the elevation of th!3
HOWARD R. T A90R
Agenda Item 7
Page 4
main parking area.
3. The landscaping shall be supplemented along Rosemont Road, South PlazaTrail, and Victoria Drive.
The applicant shall request an inspection of the landscaping for approval by Planning Department staff
(Current Planning / Zoning) before a business license is issued to operate automobile sales on the
site.
4. The vehicular entrance on Victoria Drive, the westernmost access point on South Plaza Trail, the
southmnmost access point on Rosemont Road shall be closed. The applicant shall install curb and
gutter, landscaping, and sidewalk to match existing.
5. There shall be no pennants, streamers, balloons, portable signs, or banners displayed on the site or
the vehicles.
6. All containers shall be removed from the site, The applicant shall request an inspection of the
landscaping for approval by Planning Department staff (Current Planning / Zoning) before a business
licensEl is issued to operate automobile sales on the site.
7. All vehicle repairs shall be conducted inside the building. No outside storage of vehicles in a state of
obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles
shall be stored within the building.
8. There shall be no storage of tires, merchandise, or debris of any kind outside of the building.
9, All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare
shall be deflected, shaded and focused away from adjoining property.
10. The monument siqn proposed to be installed at the southwest corner of the site shall be substantially
consistent with the submitted enhanced photo elevations of a liqht-emittinq diode (LED) siqn. The siqn
shall not have video playback capabilities nor have any audio capabilities. Said siqn shall replace the
existinQ sian at the same location. and shall be no hiaher than eiaht (8) feet. A landscape plan for
plantinas around the base of the siqn shall be submitted to the Current Planninq Division of the
Department of Planninq for approval.
11. No such siqn shall advertise or direct the attention of the qeneral public to an establishment. business
or service that is located on a separate site from the zoninq lot on which the siqn is located.
,12. The siqn shall include a liqht-sensitive photocell feature that will reduce and increase the intensitv of
the LED output commensurate with the external ambient liaht level (LED output reduction for niaht and
cloudy conditions and LED output increase for daytime sunny conditions).
13. No portion of the material displayed by any such siqn, includinq backqrounds. colors. pictures,
letterinq, pictures or other araphics, shall be chanaed more freauently than once every eiqht (8)
seconds.
14. Video displays or audio speakers on, or electronically connected to, such sians shall not be permitted.
HOWARD R. TABOR
Agenda Item 7
Pag'El 5
II I
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.
HOWARD R. TABOR
Agenda It. 7
Page 6
. ....... ',.l.,......
--.
AERIAL OF SITE LOCATION
HOWARD R. TABOR
Agenda Item 7
Page 7
Proposed location
of vehicle sales
display area.
,.f.
'1 ~
, II I
R JE
^
/-\ ~ ~.~
PROPOSED SITE PLAN
HOWARD R. TABOR
Agenda Itern 7
Page 8
EXISTING BUILDING PHOTOGRAPH
HOWARD R. TABOR
Agenda Item 7
Page 9
I i I I
Map G-7
M"D Not to Scole
Howard Tabor
~t!'o" :rr,., ~~ ~ ~ lJia ~ II .1'1. ~I "y IT 'I.
b~~..,1::J J .,~. ~. = ~ ~ /, ~~ ~~ ~ca dw~ ~
~H"::'!!lj ~~ \. U....z==- n.' LQ13 r.l~ ~I" ~ 00 'I,\:d~ll~""l\r'
r~,,~ Z ~7 ~ -.-f" I...!I'{" L ~1lI Ill" ~l~"""
r: 8~ ~ ~ iis [j J iItll- ,,'nl"~ 'L~
M --::.d~r;.. if ... \: ..... ~ " 'Ro~_
005 8 1-7 ~ '" " -L r~ n J:.. I ~~;-
c:J 'FI,;n\ ( ~Q: . \ .n:;ul~ -- ....- 'tlli r---" ~~~
'1' I ~ I<E U1 t...-l i'\ ~12 ~ b.mt ..--' iii: -.
58SQi 21~ a .... ~ c ~ ~ ,.J(" ~I I nl~ ,..J """" \..
n ( 004 . ~; -~ r t '"""" IJ'to('.~ \. \
^ , ~
L1) , Y \. ..--/ 0 ~ \. o~ W \~~ ~
..I 'H pLAZA TRAIL "" --=--- c,,~ _ DCI \ X, ~ ~1'tl 4 O'lSl
J2 IJ _ r 001 ~ CV1 ~ 'V1ll~~ ~,~ori~
[r'~_\b ~ ~ ~ t.\ ~Iry~ ~ ~
O t~ll ~G:i ~.., ~ " ~ J: " ~ ~\.' A
r~u'5 II::\t 1-.2.B I I. , ~ 011 "lo.--. ~13:S; 1 ........ ,\...J
,f1t1 n, \ '\ ~\"vg-b 'Cl ~ ~ vie ~
,J ~ ~ U03 c> ~ ~ ~'l~lr~lUol ~I" :.... ~ ~~(:
a~ B lJ04 h01'\ \ 6 OI~m)O J~ ,,"I
005 / 0 0. ~ - .'( "- mlm"TJ
~P"'L\ a Ik DOS 'Ii fJ .V' /" "- ~ ro-'
IGilIL.J~ ~fP.J r006 j ./. '(r;;a ~~I ~ ~:;;:-,.l o\~
~'::-...l) 'i~ IJ~I -.. '"~ ~ ".t""I I\..
CUP - for Automobile Repair Garages & Motor Vehicle Sales
1 01/13/09 Modifications of Conditions Granted
OS/25/99 Conditional Use Permit (auto repair & Granted
service station)
2 09/28/93 Conditional Use Permit (church) Granted
3 07/10/89 Beconsideration of Conditions Granted
04/27/87 Conditional Use Permit (tire installation) Granted
4 08/17/81 Conditional Use Permit (gas bar & Granted
carwash)
ZONING HISTORY
HOWARD R. TABOR
Agenda Item 7
PagEr 10
CLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant tS a corporation partnershtp firm. busmess, or other unmcorporated
orgarization complete the followmg:
1. U:)t the applicant name foHowed by the names of all officers members, trustees.
p.i111ners etc. below. (Attach list if necessary)
Howard Tabor
2. UHt all bUSinesses that have a parent-subsidiary 1 or affiliated busmess entity?
relationship with the applicant (Attach Itst if necessary)
R!t Check here if the applicant is NOT a corporatlon, partnership firm. business or
ot"ler 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 foHowmg
1 liHt the property owner name followed by the names of all officers. members
trustees, partners ete below (Attac/1/ist if necessary)
Deepak Patel
2. U~jt all businesses that have a parent-subsidiary' or affiliated busmess entity'
reatlonship with the ap~!icant' (Attach lisllf necessary)
fi Check here If the property owner IS NOTa corporation partnership firm.
busmess. Of other unmcorporated organization
8ee next page IOlloolnotes
Does an offiCial or employee of the City of Virglma Beach have an Interest !/1 the
subject land? Yes ~_. No
If yes what is the name of the official or employee and the nature of their tnterest?
Conctiti-onai lHW Pf,lftDl1 Ap.pilCallon
~of' 0
7rv2OOl
z
o
. I
~
,U
I I
.....::I
=--
~
F--t
~
8:
~
~
~
o
. I
F-c
I t
~
Z
o
u
HOWARD R. TABOR
Agenda Item 7
Pag~ 11
z
o
I I
~
U
I .
~
~
ea
E--t
~
~
~
c::.I';)
~
~
o
I .
E--t
I .
~
z
o
u
II I
ADDITIONAL DISCLOSURES
Ust all known contractors or busmesses 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, accountmg servICes, and legal
services' (Attach list if necessary}
'Parent-subsidiary relationship" means "(I relationship that eXists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the votmg
power of another corporahon," $00 State and Local Government Conflict of Interests Act. Va.
Code S :U-3101,
2 'Affiliated busmess entity relationship" means "a relationship, other than parent-
subsidiary relationship, that exists when Ii) one business entity has a controlling ownership
interest In the other business entity (ii} a controUing owner in one entity is also a controlling
owner in the other entity, or Hill there is shared management or control between the business
entities Factors that should be con sidered in determimng the eXistence of an affiliated
bUSiness entity relationship include that the same person Of substantially the same person
own or manage the two entfties' there are common or commingled tunds or assets. the
bUSiness entities share the use of the same offices Of employees or othelWise share activities
resources or personnel on a reguiar basis, or there IS otherWise a close workingrelati>OHstnp
between the entities" See State and Local Government Conflict of interests Act Va Code ~
22-3101
CERTIFICATION: I certify that the informatloo contained herein IS true and accurate
I understand that upon receipt of notificatioo (postcard) that the application has been scheduled for
public hearing, I am responSible for obtallling and poSting the require<l sign on the subject property at
feast 3D days pnor to the scheduled public !'leanng according to the InstructiOns in this package The
undersigned also consents to entry upon the subject property by employees of the Department of
Planmng to photograph and w~w the site for pUl'p05eS of proceSSing and evaJuatlng thiS applicatlOl1
erent than applicant}
DISCLOSURE STATEMENT
HOWARD R. T AElOR
Agenda Item 7
Page 12
Item #7
Howard R. Tabor
Conditional Use Permit
300 S. Rosemont Road
District 3
Rose Hall
June 10,2009
REGULAR
Janice Anderson: There is one last matter left. I believe this might be resolved here pretty
quickly, so I'll ask the Secretary to call the last matter please.
Donald Horsley: The last matter is Item 7, Howard Tabor / Deepak Patel for a Conditional Use
Permit for motor vehicle sales on property located at 300 S. Rosemont Road, District 3, Rose
Hall.
Hoard Tabor: I'm Howard R. Tabor for item 7.
Janice Anderson: Thank you. These new conditions?
Hoard Tabor: Karen has given them to me and I've read them. I have an understanding of them.
Janice Anderson: They were just handed out to the Commissioners. So, I just wanted to have
everybody's input on those. Condition 2 was changed to specify only five (5) vehicles, and not
the five spaces to maximum vehicle. I think they cleared that language up. And then conditions
10 through 14 are in regard to the sign that you said you have tried to comply with even before
this.
Howard Tabor: Absolutely.
Janice Anderson: Number 13, I just want to make it clear that I think there should be added no
pulsating or flashi:1g. I think that covers it but I want to put those two words in there.
Howard Tabor: Speaking of software and sign effects?
Janice Anderson: Yes, because you might have a screen that might show the same thing but it
may change colors or pulsate or something.
Hard Tabor: Right. I think Mr. Crabtree brought up that flash software was tough and the
intensity of light.
Janice Anderson: Right.
Eugene Crabtree: It was blinding. It just caught you.
i I I
Item #7
Howard R. Tabor
Page 2
Howard Tabor: I agree. The software was new to us so the things that we had not set up were
pre-done in the software package. After that particular point in time, we went through and
eradicated the flash technique, and also reduced the night time and daytime intensity limits by 50
percent. That was also a present they (the sign company) had done.
Janice Anderson: We thank you for doing that after Mr. Crabtree talked to you because we
definitely could tell the difference when we drove by.
Eugene Crabtree: It has improved greatly.
Howard Tabor: And, I'm open to any kind of criticism.
Eugene Crabtree: As you know, I pass that every day.
Howard Tabor: Absolutely.
Eugene Crabtree: I'm well aware of what you have there.
Howard Tabor: Sure. I'm trying.
Janice Anderson: Okay. Another change that we put out for discussion is right now number 13,
it won't change more than every 8 seconds. I think there was some discussion. We might want
to increase that to 10. I don't know.
Howard Tabor: Again, one of the effects oftlie software. It comes on a 3 second timer. It can be
changed. Basically, whatever you put into the package you have to go in cell by cell and tell it
hold 8 seconds, then every frame, as what you see as a frame will stay on for 8 seconds if it is
text driven. If it is a compilation of 500 frames, it will look like an effect like a butterfly that
flies above the flowers. That is just a frame by frame effect. Those are 1000 of those frames
skewed together with less than 1/10 of 1 second frame. It just looks like an animation motion.
We don't ever put text in those motions. They are just for affect. Basically, the ad structures
that we run are anything that's gas timing. I think right now it's on a 5 second time. I actually
prefer longer times. So, it is really no objection to me to enhance the texting or the frame
structure to 8 seconds or are you talking about the ad times that we run for gas pricing?
Janice Anderson: We wanted to increase it to 10 seconds.
Howard Tabor: Oh 10 seconds. Again, it is one of those things that I can restructure some of the
things would have to be restructured because they are panelized. One message is really four
panes. So, if one message is cued in there, the whole message may take more than 10 seconds.
If you're talking about the frame effect of "how", that is frame and the word "do", would be
another frame, then "you like". That would be four words in four frames. If we held it to a 10
second frame out, it would be 40 seconds for to say "how do you like something", where we can
squeeze it smaller size word in but to a point where it is harder to read. Like from where I'm
standing I can see all of your names, however if I back up 20 feet, I might have a harder time.
Item #7
Howard R. Tabor
Page 3
So, there is a range of text size that we use for about 150 feet out that allows people within the
perimeter of the sign to actually read what it says, otherwise it is indiscernible. Again, I don't
have any objection to that as long as it is a business item. I'm trying to make it effective for
what it is we do, which is sell fuel, lottery and auto repair. So, those messages run one after the
other. Again, I can increase 10 seconds but if we're talking about frames, some of those frames
are in a package that is one message. One of the messages would last longer than 10 seconds.
Janice Anderson: I don't think there is an issue with it last long. I think it is with the changing.
Howard Tabor: It's the rate of change. Again, some people come to me and say, like a lot of
people go up to the light and come to fuel up. It is too fast. And then some come in and say it's
too slow. Again, it's a complex issue. I agree it is on your agenda and you're trying to solve for
other issues in other parts of the city. From what I've learned, you can pack it in to a smaller
frame and you can hold that for 10 seconds. It is not a problem. The problem becomes when
you're running a message or an advertisement for some effect. A/C for example is one of the
things that we do. We can run one frame that just says A/C service and a price and I call hold
that for 10 seconds. It is not an issue for me. If the frame also is tied into a package that has a
picture and then another text at the end, and then maybe a close, that's four frame. That would
be 40 seconds. It Gould seem a little drag on especially if you hold the picture for 10 seconds.
Again, I'm not objecting to it. I'm just explaining that it would be required to rewrite some of
the software packa.ges that we have already paid for that are already running that are in a shorter
time frames, which we could do but at a expense to me. In this economy, I'm just working
around controlling costs really.
Janice Anderson: We appreciate it.
Eugene Crabtree: I think basically what we're trying to do is for you to get up there and all and
ample things, if your entire message is 10 seconds long. I don't see any problem with that.
Howard Tabor: 'Which I am fine with that.
Eugene Crabtree: You're with me. In order not to have your entire message to be 40 seconds or
the better part of a minute, which nobody is going to sit at a light that long.
Howard Tabor: Correct.
Eugene Crabtree: If your entire message is four words coming up on a screen within a 10 second
period for that one message, I don't believe would be a intrusive as long as you didn't have all
kinds of flashing lights and stuff to deter from that. I don't see a problem with that. I think that
is what we're saying.
Howard Tabor: I'm fine with that. Then all the packages would work under those constraints. I
don't think there would be any issues. All the packages can last longer than 10 seconds without
any issue. I agree with you that the longer. I think in the earlier part when we had some ofthe
stuff that was pre packaged, some of the stuff came in the earlier 3 second frame package, and it
II I
Item #7
Howard R. Tabor
Page 4
looked too fast to me. I agree with you. I'm a middle age man myself. The younger people, 20
to 30 bracket, they are ipodding and texting and a million other things. They like that. People in
the middle age, we typically like to take our time and still read what we're doing, and everybody
is different. So, we're just trying to blend the package. We're appealing to the broad market
there. I am again, leaning more to your side of it. I like to stretch it and slow it down. And, I'm
not the programmer per say. We have somebody in the shop that does that. We have corrected,
all flash is gone. And then the intensity has been decreased. I work with signs. I spend a few
hours a day on the subject because I usually get the package on what's coming up for the week.
And then trivia comes in there and things like this. The Plaza Civic League. We run a little
thing for the book people, boy scouts, girl scouts. Everybody comes to me if they're civic so we
do little things for people that are not objectionable to most people, and they are within the
conditions at we have. Some people have. come to me honestly like Cox Cable. I can't run an ad
for you because that is restricted in my zoning.
Janice Anderson: I know what you're talking about like one word per minute. I think that would
be in violation of this if we word it this way.
David Redmond: You know the other question here is what you just said. Mr. Tabor, item 11,
the condition that we add "no such sign shall advertise or correct the attention of the general
public to an establishment, business or service that is located on a separate site from the zoning
lot which the sign is located".
Howard Tabor: Right.
David Redmond: In other words, the civic league wouldn't be able to do that.
Howard Tabor: Right.
David Redmond: Unless I'm reading this incorrectly.
Howard Tabor: I think business meaning for profit is the way I'm interpreting it. Unless and
I'm not a lawyer, but there is a business out there running for non-profit, it is really not a
business to me. It is for non-profit. I think if it is for gain, then like any business out there for
monetary gain, then I'm prohibited from running any of that structure. Then for the non-profit
organizations that exist throughout the city that are especially in the area that we are servicing, it
is pro-bono for us. There is no fee structure. We do it as an ad hock.
David Redmond: To clarify, Mr. Whitney is whispering at me that public service messages are
okay.
Hoard Tabor: Okay.
Bill Macali: Madame Chair, let me give you a basis for that. Part of our sign ordinance specifies
that any non-commercial sign may be displayed in lieu of any commercial copy. So, I don't
really and if a commercial sign can be displayed on that, I think a non-profit organization like a
Item #7
Howard R. Tabor
Page 5
civic league and something like that as long as there is no commercial message being displayed.
It is alright.
Janice Anderson: Okay. This would be any sign that could do that?
Bill Macali: Right. We have a code section that says any non-commercial copy may be
displayed in lieu of any other commercial copy on the signs.
Janice Anderson: Okay.
Howard Tabor: Okay. I'll do it.
Janice Anderson: Ifit passes Mr. Macali, it passes us.
Howard Tabor: Hey. That's good with me.
Janice Anderson: The only issue that I have with the change on the 10 seconds, I think the
message that is broken up in parts may be a violation, and I don't know how everybody feels
about that. Because it is changing the screen and it would be quicker than 10 seconds. I can
understand. Buy gas here may take 30 seconds.
Henry Livas: Based on his explanation, we let it stay at 8 seconds.
Janice Anderson: Okay.
Henry Livas: That's what in number 13 now.
Eugene Crabtree: I have no problem with that.
Janice Anderson: Does anybody have' anything else?
Donald Horsley: Wbat he is talking about is I don't think 8 or 10 either one. Have a nice day. If
you go 8 second "have a nice day", it is going to be 32 seconds. What I think Jan is thinking
about are specific messages.
Howard Tabor: Right. For example, we have BG Oil. That is one frame.
Janice Anderson: Right.
Donald Horsley: Right.
Howard Tabor: And that frame you would like to see last an entire 8 seconds minimal, and then
push on to the next message context. I'm fine with that.
Donald Horsley: I think that is what I gather too.
II I
Item #7
Howard R. Tabor
Page 6
Howard Tabor: It's tough. It's very complex. There are lots of software features in these signs
so that you guys are going to be working on this. Now that I've had a little time to work with
ours, these signs are sold from east coast to west coast, north to south. Some of these effects you
would see, and we brought this up, like in Atlantic City where they are pounding you with signs.
The intensity is high. Technique is flashy. It works for that area. It is not a thing that we would
probably use here in the city in retail business. It could be distracting and I'll be the first one to
say that. So, when you deal with some of these issues, I think when you write your code, you
may want to talk about the restriction on how the software packets get used. That's one flash that
I found to be very agitating myself. It is easily eliminated. It is just a button click and it is gone.
But it just comes in the packet. A lot of these come pre-set to the sign installer and you just load
the wording. And it is there. It's done for you. Backing it out doesn't become a problem, it just
has to be dealt with.
Janice Anderson: You have to know how to do it.
Howard Tabor: And the same thing when they set up the lighting, they set you up at 100 percent
and they are gone. And we are not privy to that maintenance to that. It is a pre-done thing by the
installer. And then, you kind of have to get through the paperwork and get your software guy to
go in and find that code. It is a button click and it is done and it is done forever. And then when
night falls, because it is on a GPS timer, all of these signs, they automatically dim out some, and
they will dim out another 50 percent. Or whatever becomes acceptable. People study this in
City planning and I'm sure they will find light intensity that is acceptable. So, we're fine with
that.
Janice Anderson: Okay. Can I take a motion on approval with some rewording of 137 I'll
leave it up for you. On 13, probably add no flashing or pulsating and maybe change the message
every 10 seconds.
Donald Horsley: Yeah.
Eugene Crabtree: I thought we were going to leave it at 8?
Henry Livas: That was my recommendation.
Janice Anderson: You want to leave it at 8?
Eugene Crabtree: 8 seconds.
Henry Livas: Based on his explanation, I don't think the 8 seconds is ~oing to be offensive.
Kathy Katsias: Right.
Eugene Crabtree: It took Henry 6 seconds to make that statement.
Henry Livas: Yeah.
Item #7
Howard R. Tabor
Page 7
Howard Tabor: Plenty of time.
Janice Anderson: [t is fine with me. Do'! have a motion?
Eugene Crabtree: I'll make a motion but I don't know exactly how it is worded at this point. I'll
make the motion Jan that we approve it as stipulated in the new conditions.
Janice Anderson: Okay, the 14 conditions and the number 13 will specify no flashing or
pulsating. Okay. Then we'll leave the other wording.
Joseph Strange: I'll second the motion.
Janice Anderson: Gene Crabtree and a second by Joe Strange. Yes ma'am?
Karen Prochilo: VThat about the access points?
Howard Tabor: The vehicle access?
Karen Prochilo: Yes. The vehicle access point. You need to discuss that for a moment because
if you look at the conditions, it says Victoria will be closed. Do you still want to close Victotria?
Eugene Crabtree: No.
Janice Anderson: That was going to be narrowed.
Eugene Crabtree: According to what we said this morning, and I think Ric Lowman agreed with,
was that the two accesses that are close to the corner, that is the one on Plaza Trail and the one
on Rosemont Road that is closest to the actual intersection, where the traffic light is, that those
two be closed. That the access onto Victoria be reduced in size but be left open for access on
and off of Victoria. Is that correct Ric?
Ric Lowman: Yes it is.
Howard Tabor: ye:;.
Eugene Crabtree: Is that acceptable?
Howard Tabor: You're in the neighborhood. The access that is on Victoria you are well aware
of it.
Eugene Crabtree: We want to keep Victoria open. We want to reduce the size of it.
Howard Tabor: I understand.
Eugene Crabtree: That is a great big access.
II I
Item #7
Howard R. Tabor
Page 8
Howard Tabor: My tanker fills in.
Eugene Crabtree: As long as it is big enough for your tanker to get in and out, that should be
sufficient.
Howard Tabor: We're fine. I don't have an issue with the corner. We have five ingress/egress
and we could obviously use the space on the lot. I'm fine with that.
Eugene Crabtree: The vehicular entrance on Victoria Drive will be reduced in size but the
western most access point on South Plaza Trail and the southernmost access point on Rosemont
Road shall be closed.
Howard Tabor: And these are the two adjoining where the actual sign itself sits?
Eugene Crabtree: So, if you change condition 4 to read that way, that is the way I would make
my motion.
Janice Anderson: Okay. And just to bring up the subject that Don Horsley brought up. I know
we discussed right after the informal about the increase in landscaping.
Howard Tabor: Yes. I was listening to Ms. Katsias.
Eugene Crabtree: I presume you were going to do that anyway.
Howard Tabor: Again, this is an issue where I am not a horticulturist by any means. I'm a repair
guy but I do try to be conducive to landscaping. Everyone has their style obvious. Without
taking a million suggestions, we try to stay within the City code. I'm not, again a lawyer but
again, I think Mr. Crabtree would probably recognize it. He lives right down the street from it.
We have made great strides in cleaning up that trash on the curbs. If we had not finished the
project, we are probably 75 percent around. There are a few more elements, and I'm sure Ms.
Katsias can help me since she is very versed in this area. She's got a lot oflots like this that
board ours trees, bushes, different selection of things. Plants, whatever, it is hard landscape for
us. I was talking to you earlier. Some ofthese are full sun all day. There is no water affectively
that we have so they have to be drought tolerate to even survive it. There are those plants but
that is what we're striving for mostly. And whatever we come up with that is in agreement with
the Commission is fine with me.
Kathy Katsias: Thank you.
Janice Anderson: Are there any other matter for discussion before the vote?
Kathy Katsias: Were we moving the vehicles that were going to be for sale to the other side?
We talked about that this morning.
Item #7
Howard R. Tabor
Page 9
Howard Tabor: Let me just make a point about this whole vehicle sale thing. Here is a good
picture. Weare not a business for selling vehicles. What happens by the nature of the business
is the volume of cars that we get is from time to time, people will bring us a vehicle and say fix
my vehicle. We'll invest "x" dollars in it. And they don't ever want it. They just leave it. So,
we have two choices. We can tow it away and lose our economic interest in the vehicle that we
now tied to the vehicle or we can wholesale it, sell it, as long as we recoop our initial investment,
then we are fine. What can happen is you will build up 1, 2, 3, 4 or 5 vehicles. At some point,
there is a number that I have to make a call on. Let's get rid of these. This has got a good resale
potential. And that is how we recoop the money. I think five is an acceptable number. I don't
have issue with the number. My real concern here, okay, this is my whole meaning for being
here. Is the lot is very large. It is 32,000 square feet. And what we do is service primary. That
is our bread and butter. We don't make money on fuel. We're up against the big three, Shell,
Hess and Wawa. So, there is no money in the fuel. It's a lot of cost but no profit. The yield
comes from service. What happens is people get their car dropped off during the day, and we
repair mostly during the day. In unique circumstances, some car parts might be ordered for
specialty vehicles. It could take two days, sometimes a week. People will leave the vehicle and
wait for repair. 'We don't leave the vehicles outside at any physical appearing state of disrepair.
You wouldn't see tires off the vehicles or anything to that affect. It would simply look like a
parked vehicle. One of the issues that we've had is that we only work from 8:00 am to 5:00 pm,
and the lot from 5 :00 pm on is closed. But it is open for gas. It is self serve. We've had
complaints about vehicles being parked on the lot. Okay. Well, excluding the ones we would be
reselling, most of the vehicles are coming and going. And they are gone in the same day but
sometimes, it is summertime, you're going to have more volume. Kids will get out of s~hoo1.
You're going to do more repair work. There's another good picture (PowerPoint). So here, like
the side where you see that F-150 parked, we try to put car with parts on order back there. That
is where the trucks fuel. The tanks are back there. So, we would part the vehicles, 1,2,3,4,5
and the dumpster is backed there. They are waiting on parts. But they are fully assembled. I
can't take them off the lot because we might be waiting on some part that makes the car run, so
there is nowhere to take it. It is not like I can tow it away and then bring it back when the part
comes in. That is another good picture (PowerPoint). This is the side on South Plaza. So, where
the cars are on the left, that is typically employees and people doing state inspections. We do a
lot of state inspections. We do 30 something a day. Some ofthe cars require repair. Again, if
we can get it the Sillne day and in and out the same day, it is done. Otherwise, we will leave
some cars parked here if they come up for something that is an overnight. This is a number that
varies from zero if everything is done in one day to sometimes we can have 10 cars left over.
And they will be dealt with on a day to day basis. They are never usually longer than a week, so
they will rotate in and out effectively. But that was one of the issues that some people had
concern with, and I have real objection to that because it is my primary course of business.
Eugene Crabtree: That is not we're talking about. We're taking about at the comer of Victoria
and Rosemont. There on that corner where you park the case that you have for sale.
Howard Tabor: Right there?
'I,I I
Item #7
Howard R. Tabor
P age 10
Eugene Crabtree: Yes. Okay. That is where we're talking about. When you pull up on Victoria
to make right hand onto Rosemont, depending on the size of vehicles you have there it is
obstructing a little bit down Rosemont. So, what we were talking about is this. Think about
this? When you close these two entrances closer to the sign and closer to that, why can't you
put the vehicles that you have for sale, just the ones for sale, up in this area and move them away
from that intersection down there where it blocks the view?
Howard Tabor: I'll be happy to do that.
Eugene Crabtree: Essentially, we were talking about moving the for sale vehicles from that
comer back up closer to Plaza Trail and Rosemont.
Howard Tabor: I have no objection to that.
Eugene Crabtree: That is what we're talking about.
Howard Tabor: My understanding because I was cited was that I would be fined for having any
parked vehicles on the lot. And again, this is an issue for me because this is primary course of
business, and you're basically telling me, "hey we can't allow you to do business," not to point
fingers but I travel the city. I live in Kings Grant. Kings Grant Citgo is completely encased in
R -7.5. There must be 20 to 30 vehicles a night left on the lot.
Janice Anderson: Well, what we're suggesting today is where you're going to put your five
parking spaces.
Howard Tabor: He's talking about moving them right here where the sign. I'm fine with that.
Janice Anderson: Yeah. If you can between now and Council, like identify more directly where
those five parking lots for the sale of the vehicles.
Howard Tabor: Right. What I think Mr. Crabtree is asking. I'll just walk here. We're taking
about moving the cars from where he's at to one closer this one and this ingress/egress, he's
talking about right here in this area.
Eugene Crabtree: Right.
Howard Tabor: That's fine. I'm fine with that.
Janice Anderson: Okay.
Howard Tabor: I can make five spaces there for you that will be indicative of where five.
Again, I usually don't have five (5) cars for sale. Sometimes there might not be any cars up
there. I would like to have none for sale because that is not my primary course of business.
Janice Anderson: Gotcha!
Item #7
Howard R. Tabor
Page 11
David Redmond: Can I ask one more question?
Janice Anderson: Yes.
David Redmond: Stephen, could you go back one to the picture that showed us the comer? The
one at Victoria? Actually, that is good enough. What are those cars there? Are those the ones
you talked about parts left over?
Hoare Tabor: So, all four ofthose cars except for the far one on the left, the van was probably
like a repair that day. The three cars that you see in the center are cars that we've inherited.
Like I don't want to pay for my car and I put $2,000 into the Nissan for the gentleman. The
Honda is another S 1 ,500, and the jeep is probably $500 investment for us. I took the "for sale"
off because as we started the thing, but those are cars that I would like to "sell off' and get rid off
of my lot. And the se are the comer where Mr. Crabtree was saying he would prefer moving them
from that corner to, once we close the two other sides, over there to where the sign in the
background now sits. And I'm fine with that.
Eugene Crabtree: Actually they would be parked in behind the sign.
Howard Tabor: Absolutely. The sign would screen from Rosemont where you would see them.
Correct. This is the Victoria access where those two girls are standing is where we do the filling.
The concrete pad you see and what we have is that the tankers pull in on South Plaza and they
will come around the canopy. We've talked about this. As long as there is some access for them
to leave, they would have a hard time to backup and that canopy of mine is very low. It is 10' 4"
and those tankers are higher than that. So, they have to come around the outer perimeter of the
bay to get to that part.
Janice Anderson: Okay. Don?
Donald Horsley: I've got a question for ~aren Lasley. Could you address the citation for the
storage of vehicles for repair on the site? What he legally can do and what he can't do.
Karen Lasley: And that is really what got him back here.
Donald Horsley: That is what I thought.
Karen Lasley: The way the condition reads now is that no outside storage vehicles or outside
repair work shall be permitted. All vehicles scheduled for repair must be stored inside the
service bays when they garage is closed. That doesn't work for him at all. That is what he has
been cited on, and we decided the best thing was for him to come back through and have that
condition taken off. I don't know if you want to consider putting a limit on the number of cars
he could have out there. Five for sale, and I don't know, and five waiting to be repaired. We
have gotten complaints from neighbors about the cars out there. So, I know it is bothering
somebody to have a lot of cars on the site.
'I i I I
Item #7
Howard R. Tabor
Page 12
Donald Horsley: Well, based on the sight of his site, what would you deem fair to allow him to
repair? The five for sale is an already done deal.
Karen Lasley: You know the site better than I do at this point.
Karen Prochilo: He is going to be closing off the two entrances closest to the intersection of
South Plaza, which is where the location would go for the cars for sale. He could put the cars
that are in operable because they are waiting for parts either closest to where the storage
container, which is to be removed, or he could put it closer to where the underground fuel tank
IS.
Karen Lasley: It would be here or over here (pointing to PowerPoint). I think that would be
good.
Janice Anderson: Because he's got the fuel tanks right there. He can't put anything permanent
there.
Howard Tabor: I can't park over the top ofthe tank. Where the five cars that they're talking
about are for sale is just in this area. We're fine with that. There will be no cars virtually here
after closing hours. During the day people park there and we do inspections. I understand that.
This area is about 16 feet by 40 feet. This pad, you see right here, this little rectangle, that is my
fill station. So, we can never block that because they are on will call. They will just put fuel in
the ground when I need it. It is automatic. So, I never know when they are coming. So,
basically there is a dumpster here. We can park, and I'm going to say 6 to 8 vehicles there. In
this lane, it is not where the fill s~te is. The actually ports are right up here. So, if I can have six .
to eight cars, and I don't count on having five for sale ever, at a max, at one time mostly it will
be zero once they're gone. It is not a big thing we do like I say. If I get 6 to 8 that is left here in
full condition, no tires off any of that stuff, then they are going to be repaired. They're going to
be removed. And they are off the lot. That is my biggest concern.
Donald Horsley: So you think you can handle 8 vehicles there in an orderly fashion with no
problem?
Howard Tabor: Yes, because, again we store three inside every night. So that is the problem
because it's only a three bay garage. In today's economy, we're doing 30 to 40 cars a day. Most
of them are out the same day. You're going to 1 to 5 percent of part issues. They are going to be
left with me. That's my headache.
Eugene Crabtree: That's the most intrusive place to put them. That's the most ideal place to put
cars that had to be left outside at night where you can repair is right in that area right where he
showed along the edge of Victoria. Right there in the back of the area. That would be the less
visible from either Rosemont or Plaza Trail, back in there where you see those vehicles sitting
back there now, right along the back border back. That would be the most ideal place. And when
you close part of this entrance here on Victoria, and if you close it from the back forward, when
Item #7
Howard R. Tabor
Page 13
you narrow that, if it narrowed from that point forward, that gives you just a little bit more space
back there for vehicles like we're talking about.
Howard Tabor: Right. Again there is only one entrance where these two ladies are standing.
There is a dumpstt:r. It is a commercial use dumpster. It's dumped once a week. It's just a
Wednesday thing. He actually has another big rig that pulls in. He is right here. That is not an
issue. I'm just making a point. That is where all of this activity gets done.
Eugene Crabtree: I think from knowing the site, I think that would be the best site to put vehicle
that are waiting for repair.
Howard Tabor: I agree. What I've done is I planned it to get back to you but you can't see it
right now. There are 16 of what they call "fire bushes" and they are green during the year. They
get to be 10 feet tall once three years go by, they should be about 6 to 8 feet. They will create a
natural border so as the cars park there, and you really won't see them from this part of the
neighborhood. See, there is the dumpster. The bushes come up to this pole here. So, as they
reach mature height, they will actually be higher than the dumpster all the way around from the
corner of the building to this point here. .
Janice Anderson: You've already planted those?
Howard Tabor: They're planted. They are there. I'm trying. I am trying.
Donald Horsley: Okay. Let me get back to this number of vehicles for repair. IF you could put
three inside and you could keep five outside, that would give you 8. Is that a good number?
Howard Tabor: I feel comfortable with that.
Donald Horsley: Okay. Let's do that. Let's adjust condition 7 to say no more than 8 vehicles, 3
inside and 5 outside. Or let's put 5 outside.
Janice Anderson: Outside storage limited to 5 vehicles.
Donald Horsley: Right, 5 vehicles.
Janice Anderson: So, you got 5 and 5.
Donald Horsley: .And then the three inside. So, he really got room for 8 vehicles for repair.
Howard Tabor: That's more than plenty.
Donald Horsley: That is what I was trying to get at a number.
Janice Anderson: Mr. Crabtree, do you agree with those changes to your motion?
Eugene Crabtree: I'm fine with it. My motion can be adjusted to read that way.
II I
Item #7
Howard R. Tabor
Page 14
Janice Anderson: Okay. Who did the second? It was so long ago I forgot. Oh, Joe. Okay.
Joseph Strange: I go along with the modification.
Janice Anderson: I believe Al has a comment.
Al Henley: Yes. I have a real short question for you sir. I'm concerned about the
ingress/egress of your tanker.
Howard Tabor: Okay.
Al Henley: You're going to be closing two entrances and reducing the one on Victoria. Where
does your tanker come in and where does it exit?
Howard Tabor: So, what happens here is most of the time they will come offthe interstate on
Rosemont and they make this turn onto South Plaza. And what they do is they will come in here
to get this big swing around. They will come around here and there is an opening here, right on
this side that has no canopy because they are higher than 10 feet four inches. They can approach
it from this area because it is too shallow. They will pull the tanker around and they pull into
like this position here, and that allows them to put the nipples on the ports, and they can fuel all
three of the tanks from there. It is a 20 minute process, even if I'm fueling most of my tanks.
Once he is done, he caps off and then he pulls out here, takes a left to Victoria and right onto
Rosemont and back to the interstate.
Al Henley: To me, that was the only logical way to maneuver a rig. That is a big rig.
Howard Tabor: That is a very big rig.
Al Henley: And with your canopy and everything it wouldn't be sufficient clearance. I'm not
sure the entrance on Victoria is pretty large. It is probably a. 35 to 40 foot entrance.
Howard Tabor: It is very large.
Al Henley: So, I would suggest through Ric but normally a 30 foot entrance is more than
sufficient for a large rig.
Howard Tabor: We shorten that and I will touch base with you on that.
Al Henley: That is with staff. You can work with staff.
Eugene Crabtree: Site review from the Planning Department and when they due site review, and
they will get with you that and will work with you on that particular on that.
Howard Tabor: My only concern there is rig safety to get on and off the lot.
Item #7
Howard R. Tabor
Page 15
Eugene Crabtree: That is no problem.
Al Henley: Thank you.
Howard Tabor: You're welcome. Thank you.
Janice Anderson: Thank you Mr. Tabor.
Howard Tabor: Thank you. Thank you all.
Janice Anderson: Are we ready for the vote?
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KATSIAS AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 11-0, the Board has approved the application of Howard Tabor with
the modification to the three conditions.
Janice Andersen: Thank you very. Is there any other business? The meeting is adjourned.
GARY lj, ANNA WYATT
AG-'
".
4
~
CUP - for Residential Kennel
Relevant Information:
· Princess Anne District
· The applicant requests a Conditional Use Permit for a dog kennel.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planrling Commission recommends approval (11-0)
· TherE! was no opposition.
· Consent agenda.
, II I
~~~'~~~"":,
r..c.,... ~,d"L .;;,,"1
fa: ~. .,<+", ""~ ~,
\~",)
..........~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: GARY W. & ANNA T. WYATT, Conditional Use Permit, residential kennel,
1817 Indian River Road. PRINCESS ANNE DISTRICT
MEETING DATE: July 14, 2009
. Background:
The applicant requests a Conditional Use Permit to allow a residential kennel for
up to 12 small dogs. The property is zoned AG-2 Agricultural District.
The Zoning Ordinance requires a Conditional Use Permit for a residential kennel
when more than four (4) dogs over six (6) months of age are kept for pets or for
hunting, exhibiting, dog shows, and field and obedience trials.
. Considerations:
The applicant's dogs have been in dog shows for the past 15 years. The'
applicant owns 10 AKC Welsh Corgi and Norwich Terrier champions. The
number of dogs at the home will fluctuate, as the applicant co-owns some of the
dogs, and not all are present at anyone one time. The number of dogs in the
home is based on the schedule of evaluation trials, training, and competitive
events. In addition, the applicant works with local rescue groups to provide foster
care when needed.
The applicant proposes alterations to an existing kennel located on the property.
The alterations consist of three double and six single indoor pens, a grooming
area, and covered outside runs. The kennel will be temperature controlled.
The applicant lives on a relatively large lot in the rural area of the city and no
complaints have been registered with the Police Department or Animal Control
pertaining to the existing dogs. Section 223 of the Zoning Ordinance, which
regulates this type of activity, requires that the area of a parcel used as a
residential kennel be located 100 feet or more from the property line of any
adjacent lot, except where the animals are kept in soundproof, air-conditioned
buildings. The proposed kennel will be temperature controlled with both air
conditioning and heating. A petition of support from surrounding property owners
was submitted with the request.
There was no opposition to this request.
GARYW. & ANNA T. WYATT
Page 2 of 2
. Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 11-0 to recommend approval to the City Council
with the following conditions:
1. No more than 12 adult dogs (over six months of age) shall be kept on the
propElrty at any time.
2. The applicant shall maintain the dogs in a current status on any required
shots and shall properly license the dogs through the City of Virginia Beach.
. Attachments:
Staff Review and Disclosure Statement
Planning 80mmission Minutes
Location lv1ap and Summary
Recommended Action: Staff recommends approval. Planning Commission recommends
approval. .
Submitting Dep.utmentlAgency: Planning Department
City Manage:;::::~ k... C&~
REQUEST:
Conditional Use Permit (residential kennel)
ADDRESS I DESCRIPTION: 1817 Indian River Road
GPIN:
241331263700000
ELECTION DISTRICT:
PRINCESS ANNE
II I
#1
June 10, 2009 Public Hearing
APPLICANT & PROPERTY OWNER:
GARY W. & ANNA
T. WYATT
STAFF PLANNER: Carolyn A.K. Smith
SITE SIZE:
1.0 acre
AICUZ:
Less than 65 dB DNL
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow a
residential kennel for up to 12 dogs, all of whom weigh less
than 30 pounds each. The property is zoned AG-2 Agricultural District.
The Zoning Ordinance requires a Conditional Use Permit for a residential kennel when more than four (4)
dogs over six (6) months of age are kept for pets or for hunting, exhibiting, dog shows, field and
obedience trials. For over 15 years, some of the applicant's dogs have been in dog shows, and the
applicant owns 10 AKC Welsh Corgi and Norwich Terrier champions. The number of dogs at the home
will fluctuate, as the applicant co-owns some of the dogs, and not all are present at anyone one time.
The number of dogs in the home is based on the schedule of evaluation trials, training, and competitive
events. In addition, the applicant works with local rescue groups to provide foster care when needed.
Alterations to the existing kennel are proposed to allow for three (3) double and six (6) single indoor pens,
a grooming area, and covered outside runs. The kennel will be temperature controlled.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Single-family dwelling
GARYW. & ANNA T. WYlTT
Agenda Itetn 1
Page 1
SURROUNDING lAND
USE AND ZOI~ING:
North:
· Indian River Road
· Single-family dwelling, open field / AG-2 Agricultural District
· Cultivated field / AG-1 and 2 Agricultural District
· Single-family dwelling, open field / AG-2 Agricultural District
· Single-family dwelling / AG-2 Agricultural District
South:
East:
West:
NATURAL RE.SOURCE AND
CULTURAL FEATURES:
The property is within the Southern Watersheds Management Area.
There do not appear to be any significant environmental or cultural
features on the site other than a very small portion along the eastern
property line is within the 1 DO-year floodplain. No improvements are
proposed within this area.
IMPACT ON CITY SERVICES
WATER & SEWER: This site is not served by either City water or City sewer. The site is currently served by
on-site systems.
TRAFFIC: ThEl proposed use is not anticipated to generate traffic volumes beyond that of a typical residential
use.
ANIMAL CONTROL: There have been no complaints or issues at this property related to the animals.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Evaluation:
The request fo' a Conditional Use Permit for a residential kennel is in keeping with the planning
objectives outlined in Chapter 6 of the City's Comprehensive Plan. "Rural areas may be characterized as
a balance between the natural environment and human uses with farms, horse boarding, campgrounds,
wineries and open space activities" (Pg.164).
The applicant lives on a relatively large lot in the rural area of the city and no complaints have been
registered with the Police Department or Animal Control. Section 223 of the Zoning Ordinance, which
regulates this type of activity, requires that the area of a parcel used as a residential kennel be located
100 feet or mo'e from the property line of any adjacent lot, except where the animals are kept in
soundproof, air-conditioned buildings. The proposed kennel will be temperature controlled with both air
conditioning and heating. A petition of support from surrounding property owners was submitted with the
request. The request for a Conditional Use Permit for a residential kennel is acceptable, subject to the
conditions below.
GARY W. & ANNA T. WYfA TT
Agenda I tern 1
Page 2
II I
CONDITIONS
1. No more than twelve (12) adult dogs (over six months of age) shall be kept on the property at any
time.
2. The applicant shall maintain the dogs in a current status on any required shots and shall properly
license the dogs through the City of Virginia Beach.
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.
GARYW. & ANNA T. WYATT
Agenda Item 1
Page 3
AERIAL OF SITE LOCATION
GARY W. & ANNA T. WY>>' TT
Agenda It~ 1
Page 4
~,~
"* ..,1.~"
f:
~~
I)
~9
~)-
~#
'.
~'rc
t1
!)
~~
i
<
t
,t
.<,'
II I
N ~"ti'~1.~\,r:~~~',i":1i/; /:t:~{rriu~:"~.;~~ :~~Tl&m.:u~y~~
w,,~~r . .~~ ~~'~-:"~'~.':;;i.;;,.;::{;,
r:.n>.."'!"t Y Wi TUIII 1fIB TfTt$ .L.lJt8S Mm' nII.IC AU NO kIiC/lOACH~
h -'1m p((n."Ul'Y. excen AS $BO'fIIN.
SICiiBD:
,::..'';'',,:
.~~-r~....~~...~(, ~
r
,t
I
\.'" fOV.-''''
\
'3
'Il
~
~
I!
ro
~ -: ~
~
~....""'"
...>....
..--~
J'
/' c7J 4c-
..;t,,", :">'/'0' ,,!>- r';N,~'.I!"r7"" ,,~,'
~
~L
~~
~
~ "
>>
~/
/',
\A'
~
).-\
\
---~. ,;A~~
~
~
~
~
/~q~N
P/VE.4? ROAD
,,,,",>:;;'_,>v,,,-',l~" 4'>",...0
,J>!;;'~rJo..<'~ '_
dIU ,8. ~ /A....Z::i/...J/.....
-G"VRVEV
,C, dF'Q ..eOA 0
~,l:../VG"/C.4L
, v;.#,:';::,>
,,&.;::>.t;?;,~:")I..'*!,',l?:rv <..~r' .,,4.!-..,>.... .;;.'~:"~g."';';w~7.o..AQ-
~rr/69.~".'..fP4),'~L',?S. "jt...'......e:. _~(:.'......r)>.... v4J~ V.4,~\A1
~'H'<4"'.,'~,'. '""'"'" "',;.~ ,y _., ", /~. '" .......w_'...,"""'__?'~"'-~~
.;~..,/.(';z;.;;" '\/'/4."1
6,,,,,,,.'''''
ANNA
.//.-;:'t:;;/A//4
7: WYA7T
r~,~
GARY W
'''-'''..",*",
*u..nD",,~ 'W;.-,
._".*- ... ~,.... ........-....
I'IU,U.... ..;.-f<. n"""W'4
*4 ..tI....~
""".&_ _YJ8,
~
','?"
PG': /.:5; 7.s9 .~
SITE SURVEY
GARY W. & ANNA T. WYATT
Agenda It~P11
Page 5
i I
~,9~ "----
in
"
'.: ~~r~=-l
Nil
io l1. H
~ ~
u.. II;
,
,
,
;~~~;;T
~
g
a:
1
o
o
~
!" i.
I: ~. f -~
rn _
li~~1
g: ~
g> .~
- ,
~.-,_., . i
n. -1- .-- ,
,.-~~dJ
~
~ !"
~ ~
f
o
o
r--
o
g>
~
:r
~ -
H f; ~
i' _
:t
n w. . - t ---
- - --.1. __L. --- a9~ --fI)~ -- .1.---
",' .. .. I L ..o~Mi=~- r,;
j
I ~ i
.5 E '0
i!' ~ ~
'lO -,g
;;!~J
.9 1 W .!i
I ! ~ i.
t i j I
t!:iJl
1!1l1
t~~ja
_I 'S"
o ~~cii,,-
Z ;:::ON"'.
'C
m
....10
wO::
Z""
Z~
w'-
~o::
e>ffi
0=0
0.5
Or-...
W~
C/)CO
O~
0..1
01=
lf~
KENNEL lAYOUT
GARY W. & ANNA T. WYATT
Agenda Item 1
Page 6
, II I
AC-l
".
CUP - for Residential Kennel
1 1 0/28/97 CUP (church addition) Granted
03/16/87 CUP (church addition) Granted
2 12/11/89 CUP (duplex) Granted
3 08/14/89 Subdivision Variance Granted
4. 11/14/88 CUP (sinale family dwellinQ) Granted
ZONING HISTORY
GARY W. & ANNA T. WYATT
Agenda Item 1
Page 7
OISCL.OSURE STATEMENT
APPLICANT DISCLOSURE
If the appicant is a corporation, partnership firm business, or other unincorporated
organization, complete the following
1 List th3 applicant name followed by the names of all officers, members. trustees,
partners, etc. below (Attactllist if necessary)
.__gELYJ!nq Anna Wyatt
2. List all businesses that have a parent-subsidiary1 or affHiated bUSiness entity.'
relationship with the applicant: (Attach fist if necessary)
-/---'^,._"',."._.__._-_.".~._._" ..._". ..-
~Check here if the applicant is NOT a corporation, partnership, firm. business or
other unincorporated organization..
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation.. partnership, firm. business or other
unincorporated organization, complete the follOWing:
1. List tM property owner name followed by the names of all officers members,
truSteElS, partners, etc. below: (Attach list if necessary)
2 Ust all businesses that" have a parent-subsidiary 1 or affiliated business entitY'
relationship with the applicant (Attectllist if necessary)
.~
g( here If the property owner is NOT a corpoJation, partnership, firm.
bU8iness, or other unincorporated organization.
1 .
8. ~ See n:'lxt page fOJ' footnotes
Does an offiCial or employee of the ctt;;'of Virginia Beach have an interest in the
,/
subject land? Y es _,.~ No L
If yes. wh<lt is the name of the official or empfoyee and the nature of theIr Interest?
Coo<lijlO'mi use hmnrt ApplicaH()(1
f'll\le9llfl0
R!I\l'I500 713i20Q7
z
o
I <<
~
U
I I
~
~
E--t
~
r:e
~
CI":)
~.
~
o
I t
E--t
J .
~
Z
o
u
DISCLOSURE STATMENT
GARYW. & ANNA T. WYATT
Agenda Ita." 1
Page 8
Z
<:>
I I
~
C-...)
I I
....:I
~
~
f-t
~
~
~
CI1':I
~
~
<:>
I I
h
~
z
<:>
C-...)
II I
DISCLOSURE
ADDITIONAL DISCLOSURES
List all known contractors or busmesses U1St have or wilt provlde servtces 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-subsidllary relatlonship~ means "8 relatIonship thate xists when one
corporation directly or indirectly owns shares possessmg more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act Va.
Code 3 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 {ill a controlling owner trl one enmy !s also a controlling
owner in the other entity, or (Hi) there is shared management Of 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 commmgled funds or assets: the
business entilles 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 fi
2' 2-3101
CERTIFICATION: I certify thai the Informattoo contained herem IS true and accurate
I understand that. upon receipt of notification (postcard)lhat the apphcalloo has been scheduled for
pubhe hearing, I am responsible for obtaining and posting the required SlgO 0/1 the subject property at
least 30 days poor to Ihe scheduled public hearing accordll1g to the inslructlons in thiS package The
undersigned also consents to entry upon the subject property by employees of the Department of
PlarmlOg to photograph and view the sile fur purposes of processing and evaluating llllS appHcalloo
J: fl~ W' Wt.AA~~_~_._____
Applican!'ignalure '1-.'t!!:Y.::::"
/"1
,/'.. .tv' ' 10./'''' rr'
-Qt>~----~~._.
Print Name
~ r: ilVt;;rr
Print Name
C!)l'l(!it!Q!.'I' IJse P\Nmd Awlteatioo
Page 100110
Re\llSl.iO 71'M7GiJ!
DISCLOSURE STATEMENT
GARY W. & ANNA T. WYATT
Agenda Item 1
Page 9
Item # 1
Gary W. & Anna T. Wyatt
Conditional Use Permit
1817 Indian River Road
District 7
Princess Anne
June 10, 2009
CONSENT
Janice Anderson: The next group of items that were going to address are those matters that we
have placed on our consent agenda. Our Vice Chair Joe Strange will handle that section for us.
Joseph Strange: Thank you. This afternoon we have 10 items on the consent agenda. The first
matter is agenda item 1. This is an application Gary W. & Anna T. Wyatt for a Conditional Use
Permit for a residential kennel on property located at 1817 Indian River Road, District 7,
Princess Anne, with two (2) conditions.
Janice Anderson: Is there a representative here on that application. Could they please come
forward?
David Whitley: Madame Chairman and members of the Board, my name is David Whitley. I'm
a general contractor representing the Wyatt's.
Joseph Strange: .Are the conditions acceptable?
David Whitley: Yes sir. They are.
Joseph Strange: Good. Is there any opposition to this matter being placed on the consent
agenda? Thank you. The Chairman has asked Al Henley to review this item.
Al Henley: The address is 1817 Indian River Road. The applicant requests a Conditional Use
Permit to allow a residential kennel for up to 12 dogs, all of whom weight less than 30 pounds
each. The property is zoned AG-2 Agricultural District. The Zoning Ordinance requires a
Conditional Use Permit for a residential kennel when more than four (4) dogs over six (6)
months of age are kept for pets for hunting, exhibiting, dog shows, and field and obedience trials.
For over 15 years, some ofthe applicant's dogs have been in dog shows, and the applicant owns
10 AKC Welsh Corgi and Norwich Terrier Champions. The number of dogs at the home will
fluctuate, as the applicant co-owns some of the dogs, and not all are present at anyone time. The
number of dogs in the home is based on the schedule of evaluation trials, training, and
competitive event~:. In addition, the applicant works with local rescue groups to provide foster
care when needed. Additions to the existing kennel are proposed to allow three (3) double and
six (6) single indoor pens, a grooming area, and covered outside runs. It will be temperature
controlled. Staff recommends approval of this item. Therefore, the Planning Commission has
placed this on the consent agenda. Thank you.
II I
Item # 1
GaryW. & Anna T. Wyatt
Page 2
Joseph Strange: Thank you AI. Madame Chairman, I make a motion to approve agenda item I.
Janice Anderson: A motion by Joe Strange.
Eugene Crabtree: I'll second it.
Janice Anderson: A second by Gene Crabtree.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KATSIAS AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 11-0, the Board has approved item 1 for consent.
ENDEA'VOR ENTERPRISES
Map H,l-.ll
Mop Not to ~)cClle
/. ~~,~~./
~2 ~~~~~./
~~ J B gl ~ ~
. It.H ~~) C.,
.,..,. ~C1.. ~ V
~~~~. "
~~~ '. ;~
~~., ~-!:<' "'~
~~, :n'J~ ':: .~.~\
J ,""" 4t 'S.;: .,
r" /. J V \'Im' ---1 Ill!
IooV f- U ~~: \ .l.:~:..J- -~ .. I ~
~ i' -y '~..'- -~ . ~~~ ~~.~
rT' ,..~ ~.., ~~ ~ ~~ ;U ~
W ,.(.; L II - ~ !... ill~ ~~" Ii' ,. ~ )' -r. ~
~ 7~ 1. ~ lirl ~ ~~/ .~~::/' 'L ~
% ~ ::~~ .= . ~ ~~ ~~ r.?( ~ ~ ~0
K--, k( \Jl~ 'r77 ~ -I" ~~~~;7. .
~ ~Y1;J ti9- At ~ ,t V/~ / x ~~ r 7~
~~ ~ 3.: ~~~~ : ~~v /~~~
Conditional Zoning Change from AG-1 and AG-2 to Conditiona B1-A
Endeavor EntertJrlses. LLC
70-75 B Ldn
,.,
.c.,
f<
~
It.,
,.,
.c.'
~
1 fl.,
Ldn
..~
Relevant Information:
· Princ:ess Anne District
· The applicant proposes to rezone a portion of properties zoned AG
for c1ommunity-oriented commercial uses and a natural area to be
dedit:ated to the City of Virginia Beach.
. The development consists of 9,315 SF of day care, 20,000 SF of
retail, 26,000 SF of office and personal services, and 5,000 SF of
restalurant space.
· The project is in two phases, with the phases tied to the future
widening of Holland Road.
Recommnndation:
· The applicant has requested deferral of this application to the
August 11 City Council meeting.
, i I I
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: ENDEAVOR ENTERPRISES, L.L.C., Chanae of Zonina District
Classification, AG-1 and AG-2 Agricultural Districts to Conditional B-1A Limited
Business District and P-1 Preservation District, east side of Holland Road,
approximately 120 feet south of Chestnut Oak Way. PRINCESS ANNE DISTRICT
MEETING DATE: July 14, 2009
. Background:
The applicant proposes to rezone a portion of existing agricultural properties for
community-oriented commercial uses and to rezone the remaining portion for
natural area preservation, dedicating that area to the City of Virginia Beach.
City Council deferred this item on June 9 at the request of the applicant.
. Considerations:
The applicant is requesting a further deferral of this item to City Council's August
11 meeting.
. Recommendations:
Deferral to August 11.
. Attachments:
Location Map and Summary
Recommended Action: Deferral to August 11
Submitting Department/Agency: Planning Department
City Manager:~ V- .~
, II I
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF6518
DATE: June 30, 2009
FROM:
Mark D. Stiles_ ,,\~
B. Kay WiISO~
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application; Endeavor Enterprises, L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on July 14, 2009. I have reviewed the subject proffer agreement, dated March
12, 2009 and have determined it to be legally sufficient and in proper legal form. A copy of
the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Kathleen Hassen
PREPARED BY:
no SYITS, MURDON.
DI AllfRN & 1M. P.c.
ENDEA VOR ENTERPRISES, L.L.C., a Virginia limited liability company
RADHAKRISHNA RENUKUNTA and KAVITHA VURIMINDI a/k/a KAVITHI
VURIMINDI, husband and wife
NEW E:~DEAVOR ENTERPRISES, L.C., a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, ma~e this 12th day of March, 2009, by and between
ENDEA VOR ENTERPRISES, L.L.C., a Virginia limited liability company, party of the first
part, Grantor; RADHAKRISHNA RENUKUNTA and KAVITHA VURIMINDI a/k/a
KA VITHI VURIMINDI, husband and wife, parties of the second part, Grantors; NEW
ENDEA VOR ENTERPRISES, L.C., a Virginia limited liability company, party of the third
part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, party of the fourth part, Grantee.
WITNESSETH:
WHEREAS, the parties of the second part are the owners of two (2) parcels of
property located in the Princess Anne District of the City of Virginia Beach, containing a
total of approximately 6.158 acres as more particularly described as Parcell and Parcel 2
in Exhibit "A" attached hereto and incorporated herein by reference, which parcels along
with Parcel 3 is hereinafter referred to as the "Property"; and
'VHEREAS, the party of the third part is the owner of a parcel of property located in
the Princess Anne District of the City of Virginia Beach, containing a total of approximately
13.77 acres as more particularly described as Parcel 3 in Exhibit "A" attached hereto and
incorpo:~ated herein by reference, which parcel along with Parcels 1 and 2 are hereinafter
referred to as the "Property"; and
GPIN: 1495-41-7336
1495-51-2696
1495-51-9518
Prepared By:
R. Edward Bourdon, Jr., Esquire
Sykes, Bourdon, Ahern & Levy, P.C.
281 Indepl~ndence Blvd.
Pembroke One, Fifth Floor
Virginia B'~ach, Virginia 23462
1
PREPARED BY:
B3 SYICIS, ROURDON,
1\11 AlIIRN & a:vv. P.c.
II I
WHEREAS, the party of the first part as the contract purchaser of Parcels 1, 2 and 3
has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,
Virginia, by petition addressed to the Grantee, so as to change the Zoning Classification of
the Property from AG-1 and AG-2 Agricultural District to Conditional B-lA Commercial
District and P-1 Preservation District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to recognize
the effects of change that will be created by the Grantors' proposed rezoning, certain
reasonable conditions governing the use of the Property for the protection of the community
that are not generally applicable to land similarly zoned are needed to resolve the situation to
which the Grantors' rezoning application gives rise; and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map with respect to the Property, the following reasonable conditions related to
the physical development, operation, and use of the . Property to be adopted as a part of
said amendment to the Zoning Map relative and applicable to the Property, which have a
reasonable relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantors, their successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any
element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby makes the following declaration of conditions and
restrictions which shall restrict and govern the physical development, operation, and use
of the Property and hereby covenant and agree that this declaration shall constitute
covenants running with the Property, which shall be binding upon the Property and upon
all parties and persons claiming under or through the Grantors, their successors, personal
representatives, assigns, grantees, and other successors in interest or title:
1. When the portion of the Property zoned B-lA is developed, it shall be
developed and landscaped substantially as shown on the exhibit entitled "CONCEPTUAL
SITE LAYOUT & LANDSCAPE PLAN OF VILLAGE CENTER at HOLLAND CREEK",
2
PREPARED BY:
(;D sYns. ROURDON,
m AlIrnN & iffi'. P.c.
prepared by Ionic DeZign Studios and MSA, P.C., dated 03/06/09, which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning (hereinafter "Conceptual Site Plan").
2. When the Property is developed, the exterior building materials, colors and
architectural design elements of the four (4) buildings designated on the Conceptual Site
Plan shall be substantially as depicted on the exhibits entitled "VILLAGE CENTER AT
HOLL!\ND CREEK - TYPICAL RETAIL BUILDING ELEVATION; VILLAGE CENTER AT
HOLL!\ND CREEK - DAYCARE ELEVATION; and VILLAGE CENTER AT HOLLAND
CREEK - OFFICE BUILDING ELEVATION", dated 03/04/09, prepared by Ionic Dezign
Studios, which have been exhibited to the Virginia Beach City Council and are on file with
the Virginia Beach Department of Planning (hereinafter "Building Elevations").
3. When the Property is developed, the Grantor shall make those road
improvements to Holland Road as depicted on the exhibit entitled "Conceptual Right of
Way Improvement Plan For Village Center at Holland Creek", dated 12/9/08, prepared by
MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with
the Virginia Beach Department of Planning (hereinafter "Right of Way Improvements").
4. When the Property is developed, if the improvement and widening of
Holland Road to four (4) through lanes of vehicular capacity from its intersection with
Dam' Neck Road, south to its intersection with Crestwood Drive has not commenced, only
the buildings designated #1, Single Story Daycare and #2, Single Story Retail/Office on the
Conceptual Site Plan may be developed. No occupancy of the buildings designated #3,
Single Story Retail and #4, 2-Story Office on the Conceptual Site Plan shall be permitted
until the improvement .and widening of Holland Road to four (4) through lanes of
vehicuJ.ar capacity from Dam Neck Road to its intersection with Crestwood Drive has been
completed.
5. The Building designated #2, Single Story Retail/Office on the Conceptual
Site Plan shall have no more than 16,000 square feet of space occupied by retail and
restaurant uses. The remaining space in Building #2 shall be occupied by office or
personal service uses.
6. Prior to submittal of a Site Development Plan for the Buildings designated
#3, Single Story Retail and #4, 2-Story Office (Le. Phase II), Grantor shall prepare and
submit a "Supplemental Traffic Impact Study" to the Director of the Virginia Beach
Department of Planning.
3
PREPARED BY:
KIa SYI/IS. ROURDON.
m AHIRN & 1M. P.c.
i I I
7. In addition to the limited list of permitted commercial uses in the B-1A
Limited Community Business District, the Grantor further proffers that Building #4, 2-
Story Office shall not be used for any retail or restaurant uses; Building #1, Single Story
Daycare shall only be used for an educational/child daycare or office use; no convenience
store use shall be permitted on the Property; no establishment shall be permitted to sell
alcohol for off premises consumption; and, no restaurant shall be permitted to sell alcohol
after 11:00 PM.
8. When the Property is developed, only one (1) freestanding monument style
sign may be erected on the Property, constructed with a base matching the material and
predominant color of the buildings as depicted on the Conceptual Site Plan. All building
mounted signage shall be channel letters on a raceway (Le. no block signs) and only the
lettering may be illuminated.
9. When the Property is developed, the dumpsters depicted on the Conceptual
Site Plan shall be screened/housed in a masonry structure (3 sides) with the exterior
surface matching the building material and color. Dumpsters shall not be tipped/emptied
before 8:30 AM nor after 8:30 PM.
10. The hours of daily operation for any educational/child daycare use in the
building designated #1, Single Story Daycare on the Conceptual Sit Plan shall not
commence prior to 6:00 AM nor conclude subsequent to 7:00 PM.
11. All outdoor lighting shall be shielded, deflected, shaded and focused to
direct light down onto the premises and away from adjoining property. The development
shall use "The Largent". lighting fixtures and a complete photometric plan shall be
submitted to the Planning Department for reView and approval during detailed site plan
reVIew.
12. When the Property is developed, the Grantor shall install and maintain an 8'
wide multi-purpose trail from Holland Road through the open space within the developed
portion of the property, through the open space at the eastern end of the center and
terminating at the 5.18 acres of land to be zoned P-1 Preservation District substantially as
depicted on the Conceptual Site Plan. The Grantor shall dedicate to the Grantee a
pedestrian access easement over the multi-purpose trail and create a second pedestrian
walkway from the multi-purpose trail to the small City owned park which abuts the
southern boundary of the Property, as depicted on the Conceptual Site Plan.
4
PREPARED BY:
(;Ig $1'1(15. ROURDON.
m1l AlIJ::RN & 1M. P.c.
13. Prior to the issuance of a Certificate of Occupancy for any building on the
Prope::ty, the Grantor shall dedicate to the Grantee, the 5.18 acre portion of the property to
be zoned P-1 Preservation District.
14. Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City codes by all cognizant City agencies and
departments to meet all applicable City code requirements.
All references hereinabove to B-1A and P-1 Districts and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision
Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this
Agreement by City Council, which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is
part of a comprehensive implementation of a new or substantially revised Zoning
Ordinance until specifically repealed. The conditions, however, rnay be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
Property at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code
of Vir~;inia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
condit.ons be remedied; and (b) to bring legal action or suit to insure compliance with
5
PREPARED BY:
lIB STIIS, ROURDON.
m AlIfRN & 1M. P.c.
i I I
such conditions, including mandatory or prohibitory injunction, abatement, damages, or
other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to i
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any d~cision of the Zoning Administrator, made pursuant to
these provisions, the Grantor shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed
in the names of the Grantor and the Grantee.
6
PREPARED BY;
~,m SYKIS. ROURDON.
mBAlU:RN & LM. P.c.
WITNESS the following signature and seal:
Grantor:
Endeavor Enterprises, L.L.C.,
a Virginia limitedii,ability company
. -.-",1 /;.~
~fv\ ,-'
, , (SEAL)
Radhakrishna 4tenukunta, Managing Member
By:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 24th day of March,
2009, by Radhakrishna Renukunta, Managing Member, of Endeavor Enterprises, L.L.C., a
Virginia limited liability company, Grantor.
1
,.
.,,,," .
" .;
I , /
'I':,l~; ~/' \'V ) ') , e f,_a ! ,"'.' ./?
'''.:'1.,\. '. \' ; j I "( i.f,,/yf" {,
~I ,,-.... ... t:i
Notary Public -
My Commission Expires:
Notary Registration No.:
August 31, 2010
192628
7
PREPARED BY:
lIB STIIS, ROURDON,
m AHillN & iffi'. P.c.
i I I
WITNESS the following signatures and seals:
....-..\
Grantors:
;:7
..;'
"'_,...v,._.......
'V'V':
,} ~ .~~
Radhakrishna Renukunta
(SEAL)
...c\..~'\ tc-. V (SEAL)
Kavitha Vurimindi ajkja Kavithi Vurimindi
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 24th day of March,
2009, by Radhakrishna Renukunta and Kavitha Vurimindi ajkja Kavithi Vurimindi,
husband and wife, Grantors.
/1
/
-:-"......-..-- ~ / , -\ -> "1
)<'..', j 0"" ---- /~L' :'~ '1 / L-/
-" " .. t4-i .~. '1' / i I :
r i I 'Notary Public
r; ,~/ /
() f,.h (. .f7
My Commission Expires:
Notary Registration No.:
August 31, 2010
192628
8
PREPARED BY:
~m SYIas. ROURDON,
_ AlU:RN & n:vv. P.c.
'WITNESS the following signature and seal:
Grantor:
New Endeavor Enterprises, L.L.C.,
a Virginia limitecl-TIfibility company
j?"
/-,,\ \.-, " /.
By: ' '\ Iv 'I ",,' (SEAL)
Radhakrisijna ~ukunta, Managing Member
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before rne this 24th day of March,
2009, by Radhakrishna Renukunta, Managing Member, of New Endeavor Enterprises,
L.L.C., a Virginia limited liability company, Grantor.
,,1
I
d
i\; .".
, ' I( "\ /L/t+.
f
'-", ,'/',' /-,
. " : !1 1,.1. I'"
I '; '/' l~',' .' j / ('
"....~. I' j. ( 11.0' /'
Notary Public' . . -..r
My Commission Expires:
Notary Registration No.:
August 31, 2010
192628
9
PREPARED BY:
~ SYKES. 1l0URDON,
m A1IrnN & 1M, P.c.
i J I
EXHIBIT "A"
PARCEL 1:
ALL THAT certain lot, piece or parcel of land, lying situate and being in the Princess Anne
District of the City of Virginia Beach, Virginia, and being designated as "PARCEL A-I" as
depicted on the "RESUBDIVISION OF PARCEL A, SUBDIVISION OF PROPERTY OF
AMERICA WILSON ESTATE, AND 'LUCINDA HASKINS 2 ACRES''', dated November 7,
2005, prepared by Rouse-Sirine Associates, Ltd. and recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 200601040002057.
Containing 3.74 acres ofland, mOl:e or less.
GPIN: 1495-41-7336
PARCEL 2:
All that certain lot, piece or parcel of land, with the buildings and improvements thereon,
belonging, lying, situate in the City of Virginia Beach, Virginia, and known, numbered and
designated as LUCINDA HASKINS 2 ACRES as shown on that certain plat entitled
Property of G. B. Wilson Located in Princess Anne County dated September 12, 1936,
prepared by W. B. Gallup, Certified Surveyor, which said plat is recorded in the aforesaid
Clerk's Office in Map Book 10, page 113.
GPIN: 1495-41-7336
PARCEL 3:
All that certain tract of land, lying being and situate in Seaboard Magisterial District,
Princess Anne County, (now City of Virginia Beach), Virginia designated as Lot One (1) on
the Plat of HARGROVE FARMS, made by E.E. Burroughs, C.S. for W. W. Sawyer, and
recorded in Map Book 1, at Page 6(a), in the Clerk's Office of the Circuit Court of Princess
Anne County (now City of Virginia Beach), Virginia (erroneously referred to as 25 acres
more or less in the previous source deed). Said tract or parcel of land fronts on Holland
Road in said District, Princess Anne County (now City of Virginia Beach).
Said property being more particularly bounded and described as follows:
Beginning at a point on the eastern right of way of Holland Road, said point of being 67.35
feet northerly from the intersection of the eastern right of way of Holland Road and the
northern right of way of Sugar Maple Drive; thence S 75 degrees 30' W. 60.16 feet to a
point on the eastern right of way of Holland Road; thence N 7 degrees 24' 47" W. 141.78
feet along the eastern right of way of Holland Road to a point; thence continuing along the
eastern right of way of Holland Road N 2 degrees 32' 31" W. 219.90 feet to a point; thence
N 87 degrees 20' 11" E. 676.03 feet to a point; thence N 75 degrees 39' 19" E. 113.68 feet to
a point; thence N 78 degrees 18' 28" E. 168.64 feet to a point; thence N 76 degrees 44' 20"
E. 56.77 feet to a point; thence S 74 degrees 10' 04" E. 75.42 feet to a point; thence N 85
degrees 04' 03" E. 104.19 feet to a point; thence N 52 degrees 34' 24" E. 159.75 feet to a
10
PREPARED BY:
mm SYKIS, ROURDON,
mil AlIrnN & LM. P.c.
point; thence N 26 degrees 34' 53" E. 60-42 feet to a point; thence N 83 degrees 24' 15" E.
113.99 feet to a point; thence N 81 degrees 35' 43" E. 505.80 feet to a point; thence S 86
degrees 38' 25" E. 403.60 feet to a point; thence N 67 degrees 46' 21" E. 362.68 feet to a
point; thence N 84 degrees 08' 26" E. 578.52 feet to a point; thence S 3 degrees 44' 54" W.
29.91 feet to a point; thence S 75 degrees 30' W. 3280.13 feet to the point of beginning.
Containing 13-43 acres ofland, more or less.
GPIN: 1495-51-9518
Conditiom.lRezone/Endeavor Enterprises/HollandLifestyleCenter /Proffer2_ Clean
Rev-3/24/o9
11
I II I
M. APPOINTMENTS
HEALTH SERVICES ADVISORY BOARD
PARKS and RECREATION COMMISSION
N. UNFINISHED BUSINESS
i I I
O. NEW BUSINESS
P. ADJOURNMENT
Agenda 7/14/09gw
www.vbgov.com
COUNCIL SCHEDULE FOR JULY AND AUGUST
Jul
Jul
Au
Au
Au
Au
Virginia Beach City Council
Will Host a
PUBLIC MEETING
7:00-8:30 PM
THURSDA V, AUGUST 13TH
Virginia Beach Convention Center
Purpose: 2010 General Assembly Legislative Agenda
Thursday, November 12th
ANNUAL JOINT MEETING
City Council, General Assembly and School Board
********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
i I I
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
I
DATE: 07/07/09 L
PAGE: I D S L
E D H E A W
AGENDA D S I E J S U N I
ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W
V E Z Y L N 0 R E S 0
I P E E E E M I V 0 0
S H L R Y S S N A N D
VA BRIEFINGS:
HEALTH CARE Susan Walston,
PLANIRA TES for 2010 Deputy City
Manager
lI/III/IV / CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
V NI-E SESSION
F-I MINUTES
INFORMAl/FORMAL SESSIONS APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
June 23, 2009
GH-I MAYOR'S PRESENTATION
RESOLUTIONS HONORING MEMBERS Prescott Sherrod
OF THE MINORITY BUSINESS Luis A. Rivera
COUNCIL
I-I PUBLIC HEARING:
LEASE OF CITY-OWNED PROPERTY No Speakers
4136 Cheswick Lane
J/K-I Ordinance to AUTHORIZE Lease with DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Friends of Ferry Plantation House, Inc. INDEFINITELY
at 4136 Cheswick Lane
2 Ordinance to AUTHORIZE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
encroachments mto a City-owned r/o/w for CONSENT
JOHN F/PAIGE C. FERGUSON re
maintenance at 49th StlMyrtle Ave
DISTRICT 5 - L YNNHA VEN
3 Ordinance to ACCEPT Cooperative ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Agreement for legal services between CONSENT
City/School Board! AUTHORIZE Mayor to
execute Agreement for FY 2010
4 Ordinance to DON ATE Bookmobile to ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Pasquotank-Camden County Library in CONSENT
Elizabeth City, NC
5 Resolution to AUTHORlZE/DIRECT ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
contract with Va Depart of Health re Soil CONSENT
Drainage Management
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
I
DATE: 07/07/09 L
PAGE: 2 D S L
E D H E A W
AGENDA D S I E J S U N I
ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W
V E Z Y L N 0 R E S 0
I P E E E E M I V 0 0
S H L R Y S S N A N D
6 Resolution to RE-ADOPT procedures for ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
unsolicited requests fro m private entities CONSENT
re PPEA including legislative
updates/DIRECT Purchasing Agent to
make available to publi: posting them in
office/City's website.
L-l BPMS CASCADES, LLC & BPMS DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y
CASCADES 2, LLC 11lodification to INDEFINITELY
delete Proffer No.4/allc.w 24-hour operation BY CONSENT
for retail at Centerville furnpike/Lynnhaven
Parkway. (Approved February 12, 2008)
DISTRICT 1 - CENTERVILLE DISTRICT
2 PUNGO AIRFIELD, L.L.c. for a CUP re APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
car racing, paintbaU mdch facility at 1848 NEW
Princess Anne Road (Deferred June 9, CONDITIONS
2009). DISTRICT 7 - PRINCESS ANNE BY CONSENT
DISTRICT
3 RAMON PI CAROL .J. JOYCE for a APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y
CUP re residential kelUlel max of 5 adult CONDITIONED
dogs at 1064 Salisbury Drive. BY CONSENT
DISTRICT 6 - BEACH
4 EVERETTE LEE BROWN, a CUP re APPROVED! 11-0 y y y y y y y y y y y
bulk storage at 13 3 3 Dukes Lane/Great CONpITIONED
Neck Creek. DISTRICT 6 - BEACH BY CONSENT
5 WILLIAM E./MICH\EL W. APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y
CHAPLAIN, COZ from AG-2 to AS PROFFERED
Conditional B-2 at 10'73 Princess Anne BY CONSENT
Road/MilI Landing Road. DISTRICT 7 -
PRINCESS ANNE DmTRICT
6 Ordinance to REPEAl, 91611.1! AMEND ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
91618 of Coastal Primary Sand Dune CONSENT
Zoning Ord re bulkhl,ads in Sandbridge
Beach DISTRICT 7 - PRINCESS ANNE
DISTRICT
N APPOINTMENTS
HISTORIC PRESERVATION Appointed 11-0 Y Y Y Y Y Y Y Y Y Y Y
COMMISSION Gerald Cox
Unexpired thru
12/31/11
HEALTII SERVICES ADVISORY RESCHEDULED B Y C 0 N S E N S U S
BOARD
PARKS and RECREATION
COMMISSION
i I I
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
I
DATE: 07/07/09 L
PAGE: 3 D S L
E D H E A W
AGENDA D S I E J S U N I
ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W
V E Z Y L N 0 R E S 0
I P E E E E M I V 0 0
S H L R Y S S N A N D
OIP/Q ADJOURNMENT 6:17 PM
PUBLIC COMMENT 7 Speakers
Non-Agenda Items
6: I8-6:38PM
COUNCIL SCHEDULE FOR JULY AND AUGUST
Virginia Beach City Council
Will Host a
PUBLIC MEETING
7:00-8:30 PM
THURSDAY, AUGUST 13TH
Virginia Beach Convention Center
Purpose: Discuss 2010 General Assembly
Legislative Agenda
NOVEMBER 12TH
ANNUAL JOINT MEETING WITH
GENERAL ASSEMBLY, SCHOOL BOARD