HomeMy WebLinkAboutDECEMBER 4, 2012 MINUTESCITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WlLLIAM D. SESSOMS, JR., AbLa-ge
V/CE MAYOR LOUlS R. JONES, Bnvside - Disti-ict 4
GLENN R. DAVLS, ltose Ha!! - Disti-ict 3
WILL/AM R. DeSTEPH, At-La•ge
H,4RRY E. D/EZEL, Kempsvi!!e - Dish•ict 2
ROBERT M. DYER, Centerville - Disti-ict 1
BARBARA M. HENI.EY, Priircess Amxe - Disti-ict 7
JOHN D.MOSS, At-I.arge
JOHN E. UHRIN, Beaclr - Disti-ict 6
ROSEMARY WILSON, At-Large
JAMES L. WOOD, I,vnnkaven -District 5
CITY COUNCIL APPOINTEES
ClTY MANAGER JAMES K. SPORE
ClTYATTORNEY- MARKD. STlLES
ClTYASSESSOR - JERALD D. BANAGAN
C/TY A UDITOR - L YNDON S. REM/AS
CITY CLERK - RUTH HODGES FRASER, MMC
CITY COUNCIL AGENDA
4 December 2012
1. CITY COUNCIL BRIEFING - Conference Room -
A. ARENA - MAJOR BUSINESS POINTS
Warren Harris, Director - Economic Development
Peter Luukko, President and CEO - Global Spectrum
II. CITY MANAGER'S BRIEFING
A. GOLF COURSE OPERATIONS
Michael Kalvort, Director - Parks and Recreation
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. CITY COUNCIL AGENDA REVIEW
VI. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
CITYHALL BUlLDING
1401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Crycncl@vbgov.com
4:00 PM
5:30 PM
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Ted David, Pastor
Virginia Beach United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS November 27, 2012
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. PUSLIC HEARING
1. PROPOSED EXEMPTIONS FROM REAL AND PERSONAL PROPERTY TAXES
a. The Onesimus Ministries of Norfolk, Inc.
b. Legal Aid Society of Eastern Virginia, Inc.
C. Bethany Christian Services of Hampton Roads, Inc.
d. Ubasti
1. ORDINANCES
1. Ordinance to DESIGNATE as EXEMPT from Real and Personal Property Taxes:
a. The Onesimus Ministries of Norfolk, Inc.
b. Legal Aid Society of Eastern Virginia, Inc.
C. Bethany Christian Services of Hampton Roads, Inc.
d. Ubasti
2. Ordinance to AUTHORIZE a temporary encroachment into the City's right-of-way at Market
Street, Town Center, for Greenbrier Technology Center II Associates, LLC, and Big River
Breweries (t/a Gordon Biersch)
3. Ordinance to TRANSFER $2.9-Million within Capital Projects re Business Revenue/Personal
Property RACS Implementation to meet future legislative requirements.
J. PLANNING
1. Application of EDWARD LEE TWEEDY for enlargement of a Non-Conforming Use re housing
ten (10) additional dogs at 3908 Indian River Road (DISTRICT 7- PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
2. Application of CAPE HENRY COLLEGIATE SCHOOL, INC., for Modification of Condition
No.l re athletic field lighting, bleachers and decorative entrance at 1320 Mill Dam Road,
(approved May 23, 2000) (DISTRICT 5- LYNNHAVEN)
RECOMMENDATION:
APPROVAL
3. Application of HIMBERLY LORAINE HERNAEZ/THOMAS BUSCIGLIO, for a
Conditional Use Permit re a Home Occupation for Child Day Care at 1940 Southaven Drive
(DISTRICT 1 - CENTERVILLE)
RECOMMENDATION:
APPROVAL
4. Application of R& J PETRO, INC. D.B.A. STUDIOS 4 LESS / THE RAMSEY-WHITE
COMPANY, L.C. for a Conditional Change of Zoning from B-1 Neighborhood Business and H-
1 Hotel to Conditional B-4 Mixed Use re ADDING retail, medical, office and personal
services to the existing hotel use at 717 South Military Highway (DISTRICT 2 KEMPSVILLE)
RECOMMENDATION:
APPROVAL
5. Application of MPB, INC. for a Conditional Change of Zoning from AG1 and AG2
Agricultural to Conditional 0-2 Office re a three story office structure at Princess Anne Road
and Elson Green Avenue (deferred November 13, 2012) (DISTRICT 7- PRINCESS ANNE)
RECOMMENDATION:
K. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
BOARD OF ZONING APPEALS
COMMUNITY POLICY AND MANAGEMENT TEAM (CSA)
COMMUNITY SERVICES BOARD (CSB)
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
HISTORICAL REVIEW BOARD
HUMAN RIGHTS COMMISSION
APPROVAL
SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA)
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
CITY COUNCIL SESSIONS
December 2012
December 11
2012 CITY HOLIDAVS
Monday, December 24 Christmas Eve (half-day)
Tuesday, December 25 Christmas Day
CEREMONIAL OATH OF OFFICE
MAYOR
VICE MAYOR
MEMBERS OF CITY COUNCIL
Tuesday, January 8, 2013 - 6:00 P.M.
The Honorable Tina Sinnen, Circuit Court Clerk
CITY COUNCI L RETREAT
Economic Deve%pment Conference Room
February 4-5, 2013
Briefing, Informal, Formal 6:00 P.M.
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 3854303
-1-
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 4, 2012
Mayor William D. Sessoms, Jr. called to order the Briefing: ARENA - MAJOR BUSINES POINTS, in
the City Council Conference Room, Tuesday, December 4, 2012, at 4: 00 P.M.
Council Members Present:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood.
Council Members Absent:
None
December 4, 2012
-2-
CITY COUNCIL'S BRIEFING
ARENA - MAJOR BIISINESS POINTS
4: 00 P.M.
ITEM #62399
Mayor Sessoms introduced and welcomed Warrerz Harris, Director - Economic Development.
Mr. Harris advised the presentation will provide the following:
• Project over-view and update
• Update on financial impact and lease negotiations
• Next steps
Patti Phillips, Director - Finance, will discuss the update and financial impact.
Peter Luukko, Chief Operating Officer - Comcast Spectacor, will provide the update on the lease
negotiations.
-3-
CITY COUNCIL'S BRIEFING
ARENA - MAJOR BUSINESS POINTS
ITEM #62399(Continued)
Mr. Harris emphasized the City does not have an Agreement, but is making signifccant progress in this
very complex deal. Mr. HarYis stated the entire group working on this proposed project have maintained
a set of Guiding Principles, which are set forth below:
VBDA will negotiate and present to City Councii a term sheet that
will ensure all City financial obligations are met in accordance with
these principles. The Virginia Beach Arena will:
> Generate sufficient revenues to meet all debt service
obligations as well as generate excess revenue to the City
; Substantially increase existinq Citv revenue streams
(ie, Admissions Tax, Hotel & Lodging Tax, Restaurant Tax,
Sales Tax, Business License Fees, etc)
:. Qualifv for financial support and participation from the
Commonwealth of Virginia
_ 3
Mr. Harris provided the proposed project's recent milestones:
August 28: Proposal made to Virginia Beach City Council
September 12: First negotiating session with Comcast Spectacor
c. MayorNice Mayor/City Manager/Staff
c October 19: Follow up negotiating session with Comcast Spectacor
: MayorNice MayodCity ManagedStaff
c; October 23: Presentation of Chmura Statewide Economic Impact
Analysis to City Council
r; October 25: Briefing to Virginia Beach General Assembly Delegation
c November 13: Presentation of CSL Economic Impact Analysis to City
Council
-, November 14: Follow up negotiating session with Comcast Spectacor
1? Staff
c; November 28: Request for State funding assistance submitted to VEDP
December 4, 2012
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CITY COUNCIL'S BRIEFING
ARENA - MAJOR BUSINESS POINTS
ITEM #62399(Continued)
The results from the Initial Infrastructure Assessment by Kimley-Horn indicate no new interchanges will
be needed and sufficient parking is available on-site and in the greater Resort Area to support the
proposed project. Approximately 6,000 parking spaces are needed and the City would have well over
8,100 spaces available. The City would incorporate the trolley system to transport individuals to and
from off-site parking.
Initial infrastructure assessment by firtn
of Kimley-Horn and Associates:
; Existing highway & interchange
network in the area will still operate
at fiiil capacity with 6,000 vehicles
arriving in late rush hour period
: No new interchanges will be needed
c: Recommendation to reallocate traffic
lanes for faster ingress/egress
c; Development costs can be kept to a
minimum because of previous
infrastructure investments already
made by the City
Sufficient parking is available on site
obb,and in the greater Resort Area
Mr. Harris also provided the additional key accomplishments identified below:
r: Verification and confirmation of local economic impact and City's market
potential for arena and professional sports franchise
o Quantification of potential sports franchise relocation costs
c: League relocation fee
c, Franchise revenue impacts from playing in temporary facility
Corporate relocation costs
Preliminary financial structure for arena capital costs and operetion
Comparison of proposed arena project to other major economic
development projects elsewhere in Virginia
Request for State Funding Participation
-__ "r^4*e... .
December 4, 2012
-5-
CITY COUNCIL'S BRIEFING
ARENA - MAJOR BUSINESS POINTS
ITEM #62399(Continued)
The majority of the "Major Projects ", statewide, have taken place in Northern Virginia. The team
believes Hampton Roads is long overdue for a"Major Project ".
Virqinia Beach Arena:
- 3,712 new jobs /$300 million investment
-$502.6 million annual economic impact for Commonwealth of Virginia
Rolls Rovice PLC:
- 542 new jobs /$501 million investment
-$200 million annual economic impact for Virginia's Gateway Region
- Received $54.7 million in State Economic Development Grants
SAIC(200fl) 1.2W E24 00 E150 Y1.00 Emp1oY??ininBaeaislaewe
GreenMOUnfainCORee
(1011) ? $??pp f4? _ Employaetrainingaevelance
BecM1telCwporaYm
(2D11) g25 f18.00 E1.50 E5.00 Emqoyeetreiningamismnrs
Vdkaxagen(200]) 401 5118.00 E150 fE.50 Employaetrainingauiata?e
HYbnWOrltlv.ide(2(p9) 325 $1]00 $1.00 E2.50 EmployeetrainNgaesisUnce
Sw e'ViiginbECmomicDevebpnenfPafnaship
'GOF: V'^qinia GovenrorE OpportuiMyFwrd Pngnm
"VEDIG: Vvginb Ecananic Develrymenl IncenMe G?anl
. PrtgamloHeatlquerters/Adnmishalne/ServiceSecfoPrqecfs 7
Ms. Phillips reiterated Mr. Harris' comment that the City does not have an Agreement but is making
significantprogress in this very complex deal. Ms. Phillips provided the updated summary of Annual Net
Revenue Sources.
Annual Arena Operating Net Revenue: $ 18.5 m
(after operating costs/revenue sharing)
Other Annual Local Revenues:
Arena Development Fee ($2/ticket dedicated to debt service) 1.7 m
2/3 Admissions Tax From Arena 5.2 m
1% Hotel Tax Increase (dedicated to renewals/replacements) 2.8 m
Governor's Sales Tax Rebate (dedicated to debt service) 0.9 m
Sub-total Local Revenues 10.6 m
Total Available Annual Revenues: $ 29.1 m
8
December 4, 2012
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CITY COUNCIL'S BRIEFING
ARENA - MAJOR BIISINESS POINTS
ITEM #62399(Continued)
Below is the updated summary of total costs, contributions and Cityfinancing.
Arena Capital Cost: $ 300.0 m
Less Contributions:
State Contribution: (70.0 m)
Comcast-SpectacorContribution: (35.0 m)
Totai Contributions 105.0 m
Amount to be Financed by City 195.0 m
Financing Costs:
Debt Service Reserve 15.4 m
Capitalized Interest 2$_$ m
Cost of Bond Issuance 1.6 m
Total Financing Costs 45.8 m
Total City Cost: $ 240.8 m
a
December 4, 2012
-7-
CITY COUNCIL'S BRIEFING
ARENA - MAJOR BUSINESS POINTS
ITEM #62399(Continued)
c Citv Policv: W here possible, the City will issue revenue, special fee, or other
self-supporting debt instruments instead of General Obligation Bonds
Self-supporting revenue bonds are not backed by full faith & credit of
the City, but solely by net revenues of the project
Self-supporting revenue bond debt is not counted against the City's
debt limit
Debt service on the Arena Revenue Bonds would be paid from net operating
revenues of the arena and would not count against the City's debt limits. Annual
debt service is estimated at 15.4M.
c Debt service on the Appropriation-Backed Bonds would be paid from excess
arena operations revenue and dedicated tax revenue generated by the arena and
would count as City debt. Annual debt service is estimated at 4.31M.
c Both the Arena Revenue Bonds and Appropriation-Backed Bonds would be issued
through the Virginia Beach DevelopmentAuthority.
December 4, 2012
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CITY COUNCIL'S BRIEFING
ARENA - MAJOR BUSINESS POINTS
ITEM #62399(Continued)
Citv:
" Arena Capital Costs $195.0 million
- Arena Financing Costs $ 45.8 million
? Hotel Tax Adjustment + 1 %
Commonwealth:
Arena Financial Assistance $150.0 million
c Comcast-Spectacor:
; Arena Capital Costs $ 35.0 million
? Major Professional Sports Franchise
-v 25 year Agreement to Operate Arena
Mr. Luukko stated Comcast-Spectacor has been conducting business in Hampton Roads for over ten (10)
years and has watched it grow and become more sophisticated. Comcast-Spectacor believes in the
market place.
c How and why Comcast-Spectacor decided to become
involved with Virginia Beach Arena proposal:
" Successful 10 year history in local market with other
venues & activities
-, Global Spectrum & LiveNation added to consultant team
in September 2011 as part of initial feasibility study
Comcast-Spectacor evaluation of Virginia Beach market
potential identified strong available opportunity to fill
unmet demand
December 4, 2012
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CITY COUNCIL'S BRIEFING
ARENA - MAJOR B USINESS POINTS
ITEM #62399(Continued)
From the very beginning of this proposed project, Mayor Sessoms denaanded a"transparent process ".
Mr. Luukko enjoys working with the City's Staff which has proven to be a real "team " throughout this
process. Mayor Sessoms has insisted the financial perimeters must be favorable for the City.
c Citv/Comcast-Spectacor Deal Structure
-, August 28 Proposai: Operate and program arena
for 25 year term
Guarantee annual operating costs
Commit to pursuing professional
sports franchise
The updated deal structure is provided in the below slide:
t Citv/Comcast-Spectacor Deal Structure
? December 4 Status: Committed to operate and
program arena for 25 year term
Committed to annual operating costs
Activelv pursuing major professional
sports franchise as anchor tenant
Request for $35 million financial
participation in arena capital costs
pending finalization of lease
negotiations with anchor tenant
December 4, 2012
-10-
CITY CO UNCIL'S BRIEFING
ARENA - MAJOR BUSINESS POINTS
ITEM #62399(Continued)
Comcast-Spectacor continues negotiations with an "anchor tenant" and is requesting the City Council
confirm the City's commitment to this proposed project in oYder to move forward in negotiation.
> Remaining Issues:
c Comcast-Spectacor continues neqotiations with Anchor Tenant
Virginia Beach City Council confirm direction of deal structure
(subject to conditions)
> Confirms Citv's commitment to the project
> Allows City and Comcast-Spectacor to move forward with
term sheeUdevelopment aqreement
> Allows Comcast-Spectacor and anchor tenant to move forward
with lease neqotiations
<> Allows Govemor and General Assembly to move forward
with securinq state £nancinq assistance
,7
?
Mr. Harris provided the next steps below:
c; December 4, 2012: Presentation on proposed deal structure
o December 11, 2012: City Council action to endorse direction of deal
structure (subject to funding participation by State
and Comcast-Spectacor, and lease agreement
between Comcast-Spectacor & major professional
sports franchise) & direct staff to complete
term sheeUdevelopment agreement
c December 14, 2012: Govemor publishes FY 2013-14 budget
December 2012: Convene Citizens Committee at Mayor's Request
January 9, 2013: Start of 2013 General Assembly session
e February 28, 2013: General Assembly adjoums
-; Feb/March 2013: Development Agreement to Council for action
December 4, 2012
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CITY COUNCIL'S BRIEFING
ARENA - MAJOR BUSINESS POINTS
ITEM #62399(Continued)
After City Council's discussion, Mayor Sessoms stated the City has an opportunity to see if this proposed
project can happen and feels City Council will be doing the City an injustice not to explore the
possibilities. Most importantly, everything presented thus far is "non-binding". Mayor Sessoms advised
Lynnwood Branch agreed to Chair a"citizens committee" to ensure "citizen engagement" on this
proposed project.
Mayor Sessoms requested anyone that is adamantly opposed to further exploring this proposed project to
state that opposition now.
Mayor Sessoms advised City Council is in favor of moving fonvard in the hope of securing a"deal on the
table " for consideration.
Mayor Sessoms thanked Mr. Luukko, Mr. Harris, Ms. Phillips and the entiYe team working on this very
complex project.
December 4, 2012
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CITYMANAGER'S BRIEFING
GOLF COURSE OPERATIONS
5:33 P.M.
ITEM #62400
The City Manager introduced Michael Kalvort, Director, and Kevin Bennington, Sports Management
Coordinator - Parks and Recreation.
Mr. Bennington thanked Councilman Diezel for his assistance. The Public/Private Partnership
completed the first Fiscal Year of operation and all of the golf courses had an increase in the number of
golf rounds played.
December 4, 2012
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CITY MANA GER'S BRIEFING
GOLF COURSE OPERATIONS
ITEM #62400 (Continued)
Golf's Transformation
Fiscal Year 10,11 & 12
?FY-10: Golf courses were operated and
maintained by the Parks and Recreation
Department
?FY-11: Parks and Recreation operated the courses'
for 8 months and Virginia Beach Golf
Management (VBGM) operated for 4 months
?FY-12: First full fiscal year of VBGM's operation of
the Bow Creek, KempsviNe Greens and Red Wing
Lake Golf Courses
The total number of golf rounds is up almost 10, 000 rounds frorn 2010.
Total Golf Rounds
120,000
100,000 ?4
1 .
-?
80i000 .:. ..... ...... ...... .... . ..... . _... V a...
60.000
, ?-
4u,uou
a N?
"
r
......
2????0
- ?'?"?'
Typ?. . .
..._. .
pqi ?( a
?
7
0
Bow Creek GC Kempsville T Red Wmg Lake Total Rounds '1
Greens GC GC ?
* FY-30? wm 30,902? 1 32,129 32,839 M ^ 95,870 -.?
* PY-11', 24,739 27,816 36,108 88,663 , j
Fl'42 24,987 ? 36,108 42,030 ' 103,125 '
December 4, 2012
-14-
CITYMANAGER'S BRIEFING
GOLF COURSE OPERATIONS
ITEM #62400 (Cotttinued)
Total Revenue is up almot $1-MILLIONfrom 2010.
Total Revenue FY 10-12
$3,000,000
?
$2,500,000
-
?
$2,000.000„
$1,500,000
,
$1,000,000' - - - _ r?
}
`$500,000
41
?
_A ?..
? i
$
Bow Creek GC Kempsvdle Lake
Red Wing Tota(Revenue +
i . Greens GC GC
a FY-10 $561,089.00 $525,902.93 $892,924.98 $1,979,916.91
M FY-11i $531,292.00 , $597,204.00 $1,118,371.00 $2,246,867.00 I
;
? FY-12 $589;312.00 $808,496.00 $1,431,346.00 $2,829,154.00 ,
The Total Return for the City is up amost $200-THOUSAND.
December 4, 2012
-15-
CITYMANAGER'S BRIEFING
GOLF COURSE OPERATIONS
ITEM #62400 (Continued)
Virginia Beach Golf Management
Capital Investment
?As part of our original agreement, VBGM
committed $552,500 within the first 24 months to
improve to our golf facilities
?As of today, VBGM has met'their initia) $552,500 '
` obligation as well'as an additional $177,000 in
- facility improvements
`?Major improvements were made toRed Wing's
club house, Kempsville's cart paths, Red Wing and
Kempsville's irrigation
ViYginia Beach Golf Management has completed numerous course improvements and the future of golf in
the City is looking great.
Improvements Provided by
Virginia Beach Golf Management
Red Wing Go1f Course CIub,House
' Before Afi'er .
December 4, 2012
-16-
CITYMANAGER'S BRIEFING
GOLF COURSE OPERATIONS
ITEM #62400 (Continued)
Before
.? ,
After
December 4, 2012
-17-
CITYMANAGER'S BRIEFING
GOLF COURSE OPERATIONS
ITEM #62400 (Continued)
DecembeY 4, 2012
-18-
CITY MANA GER'S BRIEFING
GOLF COURSE OPERATIONS
ITEM #62400 (Continued)
Stumpy Lake Golf Course
• Compared'to last year at this time:
?Rounds are up 1%
?Total Revenue is up 4%
?Rental Income is up 6%
Virginia Beach National Golf Course
• Compared to last year at this time: `
?Rounds are up 2%
?Total Revenue is up 1%
?Rental lncome is up.5%
December 4, 2012
-19-
CITYMANAGER'S BRIEFING
GOLF COURSE OPERATIONS
ITEM #62400 (Continued)
Mayor Sessoms thanked Mr. Kalvort and Mr. Bennington.
December 4, 2012
-20-
CITY COUNCIL COMMENTS
5:40 P.M.
ITEM #62401
Councilman Moss spent some time this past weekend with Scott Hall with Economic Development and
Mr. Wang trying to get some financing for Asia Town and wanted to thank the Economic Development for
their support.
ITEM #62402
Councilman Davis would like to discuss the ` pre-release " of presentations in an order to eliminate
misrepresentation to the Citizens before City Council has an opportunity to hear the facts from the
presenter.
ITEM #62403
Councilman DeSteph received a call from a reporter asking for details on a trip to Dallas, Texas
regarding the "Dome Site ". Councilman DeSteph informed the reporter he was not aware of any updates
to the Dome Site project asked Mr. Spore if something was going on with the Dome Site.
Councilman Uhrin stated he was not aware of any trip. The developeY is working on getting the financing
and equity partners in play and has had some success in terms of resolving the financing.
Mr. Spore stated he was not aware of anything related to the Dome Site proposal.
December 4, 2012
II
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AGENDA REVIEW SESSION
5:42 P.M.
ITEM #62404
BY CONSENSZIS, the following shall compose the CONSENT AGENDA:
J. ORDINANCES/RESOL UTIONS
1. Ordinance to DESIGNATE as EXEMPT from Real and Personal Property Taxes:
a. The Onesimus Ministries of Norfolk, Inc.
b. Legal Aid Society of Eastern Virginia, Inc.
c. Bethany Christian Services of Hampton Roads, Inc.
d. Ubasti
2. Ordinance to AUTHORIZE a temporary encroachment into the City's right-of-way at
Market Street, Town Center, for Greenbrier Technology Center II Associates, LLC, and
Big River Breweries (t/a Gordon Biersch)
3. Ordinance to TRANSFER $2.9-Million within Capital Projects re Business
Revenue/Personal Property RACS Implementation to meet future legislative
requirements.
December 4, 2012
-zz-
AGENDA REVIEW SESSION
ITEM #62404 (Continued)
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
K. PLANNING
1. Application of EDWARD LEE TWEEDY for enlarQement of a Non-ConforminQ Use re
housing ten (10) additional dogs at 3908 Indian River Road (DISTRICT 7- PRINCESS
ANNE)
2. Application of CAPE HENRY COLLEGIATE SCHOOL, INC., for Modification of
Condition No.l re athletic field lighting, bleachers and decorative entrance at 1320 Mill
Dam Road, (approved May 23, 2000) (DISTRICT S- LYNNHAVEN)
3. Application of KIMBERLY LORAINE HERNAEZ/THOMAS BUSCIGLIO, for a
Conditional Use Permit re a Home Occupation for Child Day Care at 1940 Southaven
Drive (DISTRICT 1- CENTERVILLE)
4. Application of R& J PETRO, INC. D.B.A. STUDIOS 4 LESS / THE RAMSEY-WHITE
COMPANY, L.C. for a Conditional ChanQe of Zoning from B-1 Neighborhood Busirtess
and H-I Hotel to Conditional B-4 Mixed Use re ADDING retail, medical, office and
personal services to the existing hotel use at 717 South Military Highway (DISTRICT 2
KEMPSVILLE)
5. Application of MPB, INC. for a Conditional Change o Zonin from AG-1 and AG-2
Agricultural to Conditional 0-2 Office Ye a three story office structure at Princess Anne
Road and Elson Green Avenue (deferred November 13, 2012) (DISTRICT 7- PRINCESS
ANNE)
Item #S shall be deferred to December ll, 2012.
Council Lady Henley shall vote a VERBAL NAY on Item #S.
December 4, 2012
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ITEM#62405
Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration of, or interviews
of prospective candidates foY employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711(A) (1)
Council Appointments: Council, Boards, Commissions, Committees,
Authorities, Agencies and Appointees
December 4, 2012
-24-
ITEM#62405 (Contin ued)
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council voted to proceed into
CLOSED SESSION at S: 46 P.M.
Voting.• 11-0
Council Members Voting Aye:
Glenn R. Davis, Willianz R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
(Closed Session 5:46 P.M. - S: 53 P.M.)
December 4, 2012
-25-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
December 4, 2012
6: 00 P.M.
Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, December 4, 2012, at 6: 00 P.M.
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice MayoY Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
INVOCATION: Reverend Ted David, Pastor
Virginia Beach United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297
Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles,
TowneBank has an interest in numerous matters in which he is not personally involved and of which he
does not have personal knowledge. In that regard, he is always concerned about the appearance of
impropriery that might arise if he unknowingly participates in a matter before City Council in which
TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to PYUdential Towne
Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and
spirit of the State and Local Government Conflict of Interests Act (the Act"), it is his practice to
thoroughly review each City Council agenda to identify any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies a matter in which he has a"personal
interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter
with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of
March 24, 2009, is hereby made a part of the record.
December 4, 2012
-26-
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resouf-ce Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matteYS, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Dixon
Hughes Goodman and is directly and indirectly involved in many of Dixon Hughes Goodman's
transactions. However, due to the size of Dixon Hughes Goodman and the volume of transactions it
handles in any given year, Dixon Hughes Goodman has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of.Ianuary 10, 2012, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential
Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the
volume of transactions it handles in any given year, Prudential has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of.7anuary 27, 2004, is hereby made a part of the record.
December 4, 2012
-z7-
Item -VII-E
CERTIFICATION
ITEM #62406
Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council CERTIFIED THE
CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Yoting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay.
None
Council Members Absent:
None
December 4, 2012
R E S 0 L U T 10 N
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM #62405 Page 24, 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.
Ruth Hodges Fraser, MMC
City Clerk December 4, 2012
-28-
Item -VII-F.I
MINUTES
ITEM #62407
Upon motion by Councilman Dyer, seconded by Councilman UhYin, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of November 27, 2012.
Voting: 10-0
Council Members Yoting Aye:
Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Council Members Abstaining:
Rosemary Wilson (Absent November 27, 2012)
December 4, 2012
-29-
Item -VII-H.1
PUBLIC HEARING
ITEM #62408
Mayor Sessoms DECLARED A PUBLIC HEARING:
PROPOSED EXEMPTIONS FROMREAL AND PERSONAL PROPERTY TAXES
a. The Onesiumus Ministries of Norfolk, Inc.
b. Legal Aid Society of Eastern Virginia, Inc.
c. Bethany Christian Services of Hampton Roads, Inc.
d. Ubasti
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
December 4, 2012
-30-
ADOPT AGENDA
FOR FORMAL SESSION ITEM #62409
BY CONSENSUS, City Couizcil ADOPTED:
AGENDA FOR THE FORMAL SESSION
December 4, 2012
-31-
Item -VII-J
ORDINANCES ITEM #62410
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE
MOTION, Items 1 a/b/c/d, 2, AND 3.
Voting.• 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council MembeYS Poting Nay.
None
Council Members Absent:
None
December 4, 2012
-32-
Itein -VII-J.Ia?b/c/d
ORDINANCES ITEM #62411
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to DESIGNATE as EXEMPT fi-om Real and Personal Property Taxes:
a. The Onesimus Ministries ofNorfolk, Inc.
b. Legal Aid Society of Eastern Virginia, Inc.
c. Bethany Christian Services of Hampton Roads, Inc.
d. Ubasti
Yoting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, BarbaYa M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 4, 2012
1 AN ORDINANCE TO DESIGNATE THE ONESIMUS
2 MINISTRIES OF NORFOLK, INC., AS BEING EXEMPT
3 FROM REAL AND PERSONAL PROPERTY TAXATION
4
5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
7 granting an exemption from local real and personal property taxes to the Onesimus
8 Ministries of NorFolk, Inc. ("Onesimus Ministries").
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12
13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates
14 Onesimus Ministries as a charitable organization within the context of § 6(a)(6) of Article X
15 of the Constitution of Virginia.
16
17 2. That real and personal property owned by Onesimus Ministries located within the
18 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis
19 is hereby exempt from local property taxation.
20
21 3. This exemption is contingent on the following:
22
23 (a) continued use of the property by Onesimus Ministries for exclusively
24 charitable purposes;
25
26 (b) that each July 1, Onesimus Ministries shall file with the Commissioner of the
27 Revenue a copy of its most recent federal income tax return, or if no such
28 return is required, it shall certify its continuing tax exempt status to the
29 Commissioner of the Revenue;
30
31 (c) that every three years, beginning on January 1, 2016, Onesimus Ministries
32 shall file an exemption application with the Commissioner of the Revenue as
33 a requirement for retention of the exempt status of the property; and
34
35 (d) that Onesimus Ministries cooperate fully with the Commissioner of the
36 Revenue with respect to audit of its financial records, compliance with the
37 terms of this ordinance.
38
39 4. That the effective date of this exemption shall be January 1, 2013.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day
Of December , 2012.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
.
Com ission e Revenue
CA12457
R-1
October 19, 2012
APPROVED AS TO LEGAL
SUFFICIENCY:
- it ney's Office
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Onesimus Ministries of Norfolk Inc
Onesimus Ministries of Norfolk Inc
PO Box 12241
Norfolk, VA 23541
Website: http://onesimus-ministries.or2
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Onesimus Ministries of Norfolk Inc provides assistance and training to males who are being
released from jail/prison to transition back into society. The organization's main office is located
in Norfolk; however they have two zoning approved residences in Virginia Beach.
The residential homes are used to house formerly incarcerated felons, drug abuser and registered
sex offenders. Each resident pays $95.00 per week and contributes towards the grocery bill.
Onesimus Ministries helps ex-offenders get a fair shot at rebuilding their lives by providing a
stress-free living environment with the benefits of peers and volunteer support. Onesimus
Ministries is dedicated to assist individuals with limited housing options upon their release from
the correctional system.
MISSION STATEMENT
• To provide ministry to those that are incarcerated.
• To provide aftercare ministry to those released from jail or prison.
• To provide ministry to the families of those incarcerated.
TAX IMPACT:
Business Property: Assessment: None
Tax: None
Personal Property Assessment: None
Tax: None
Real Property
3464 Waltham Cir Assessment: $113,700
' Tax: $1,080.16
3466 Waltham Cir Assessment: $127,800
Tax: $1,214.10
RELEVANT INFORMATION:
IRS Granted 501 (c) 3 status -June 23, 1988
1 AN ORDINANCE TO DESIGNATE LEGAL AID SOCIETY
2 OF EASTERN VIRGINIA, INC., AS BEING EXEMPT
3 FROM REAL AND PERSONAL PROPERTY TAXATION
4
5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
7 granting an exemption from local real and personal property taxes to Legal Aid Society of
8 Eastern Virginia, Inc. ("Legal Aid").
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12
13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Legal
14 Aid as a charitable organization within the context of § 6(a)(6) of Article X of the
15 Constitution of Virginia.
16
17 2. That real and personal property owned by Legal Aid located within the City of
18 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is
19 hereby exempt from local property taxation.
20
21 3. This exemption is contingent on the following:
22
23 (a) continued use of the property by Legal Aid for exclusively charitable
24 purposes;
25
26 (b) that each July 1, Legal Aid shall file with the Commissioner of the Revenue a
27 copy of its most recent federal income tax return, or if no such return is
28 required, it shall certify its continuing tax exempt status to the Commissioner
29 of the Revenue;
30
31 (c) that every three years, beginning on January 1, 2016, Legal Aid shall file an
32 exemption application with the Commissioner of the Revenue as a
33 requirement for retention of the exempt status of the property; and
34
35 (d) that Legal Aid cooperate fully with the Commissioner of the Revenue with
36 respect to audit of its financial records, compliance with the terms of this
37 ordinance.
38
39 4. That the effective date of this exemption shall be January 1, 2013.
Ado?ted by the Council of the City of Virginia Beach, Virginia, on the 4th day
Of Decem er , 2012.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
Commissioner o t Revenue
CA12336
R-1
July 10, 2012
APPROVED AS TO LEGAL
SUFFICIENCY:
ity y s Office
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Legal Aid Society of Eastern Virginia (LASEV)
291 Independence Blvd #532
Virginia Beach VA 23462
Website: http://www.lawhelp.org/Program/1647
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Legal Aid Society of Eastern Virginia (LASEV) is nonprofit organization that provides free civil
legal assistance to low-income residents. Eligibility for services is based primarily on household
income and other financial resources.
Its purpose is to provide legal services for persons who cannot afford private attorneys, they handle
cases dealing with:
• Custody/Visitation/Child Support • Collections
• Landlord/Tenant Matters. • Public Benefit Denials
• SSI Appeals • Education
• Contracts and Warranties • Powers of Attorney/Wills
LASEV helps clients residing in Eastern Virginia including Accomack, Chesapeake, Gloucester,
Hampton, James City, Mathews, Middlesex, Newport News, Norfolk, Northampton, Poquoson,
Portsmouth, Virginia Beach, Williamsburg and Yarktown.
TAX IMPACT:
Business Property: Assessment: $11973.60
Tax: $ 443.03
Personal Property Assessment: None
Tax: None
Real Property Assessment: None
Tax: None
RELEVANT INFORMATION:
IRS Granted 501 (c) 3 status - March 1970 1
1 AN ORDINANCE TO DESIGNATE BETHANY
2 CHRISTIAN SERVICES OF HAMPTON ROADS, INC.,
3 AS BEING EXEMPT FROM REAL AND PERSONAL
4 PROPERTY TAXATION
5
6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
7 the City of Virginia Beach has adverted and conducted a public hearing on the issue of
8 granting an exemption from local real and personal property taxes to Bethany Christian
9 Services of Hampton Roads, Inc. ("Bethany Christian Services").
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates
15 Bethany Christian Services as a charitable organization within the context of § 6(a)(6) of
16 Article X of the Constitution of Virginia.
17
18 2. That real and personal property owned by Bethany Christian Services located in
19 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit
20 basis is hereby exempt from local property taxation.
21
22 3. This exemption is contingent on the following:
23
24 (a) continued use of the property by Bethany Christian Services for exclusively
25 charitable purposes;
26
27 (b) that each July 1, Bethany Christian Services shall file with the Commissioner
28 of the Revenue a copy of its most recent federal income tax return, or if no
29 such return is required, it shall certify its continuing tax exempt status to the
30 Commissioner of the Revenue;
31
32 (c) that every three years, beginning on January 1, 2016, Bethany Christian
33 Services shall file an exemption application with the Commissioner of the
34 Revenue as a requirement for retention of the exempt status of the property;
35 and
36
37 (d) that Bethany Christian Services cooperate fully with the Commissioner of the
38 Revenue with respect to audit of its financial records, compliance with the
39 terms of this ordinance.
40
41 4. That the effective date of this exemption shall be January 1, 2013.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day
of December , 2012.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
A/VAat___
Commissione e Revenue
CA12336
R-1
July 10, 2012
APPROVED AS TO LEGAL
SUFFICIENCY:
CitiAtfg'f ?X s Office
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Bethany Christian Services of Hampton Roads
Bethany Christian Services
287 Independence Blvd #241
Virginia Beach VA 23462
Website: http://www.bethany.org
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Bethany Christian Services is a global nonprofit organization caring for orphans and
vulnerable children on five continents. Bethany is recognized as a prominent leader in
social services worldwide, and they are the largest adoption agency in the U.S. Services
include family support and preservation, adoption, foster care, pregnancy counseling,
training, refugee services, sponsorship, and infertility ministry.
The mission of Bethany is to demonstrate the love and compassion of Jesus Christ by
protecting and enhancing the lives of children and families through quality social
services. TAX IMPACT:
Business Property: Assessment: $10,268.40
Tax: $ 379.93
Personal Property Assessment: None
Tax: None
Real Property Assessment: None
Tax: None
RELEVANT INFORMATION:
IRS Granted 501 (c) 3 status - September, 2009
1 AN ORDINANCE TO DESIGNATE UBASTI AS BEING
2 EXEMPT FROM REAL AND PERSONAL PROPERTY
3 TAXATION
4
5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
7 granting an exemption from local real and personal property taxes to Ubasti.
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates
13 Ubasti, as a charitable organization within the context of § 6(a)(6) of Article X of the
14 Constitution of Virginia.
15
16 2. That real and personal property owned by Ubasti, located within the City of
17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is
18 hereby exempt from local property taxation.
19
20 3. This exemption is contingent on the following:
21
22 (a) continued use of the property by Ubasti, for exclusively charitable purposes;
23
24 (b) that each July 1, Ubasti, shall file with the Commissioner of the Revenue a
25 copy of its most recent federal income tax return, or if no such return is
26 required, it shall certify its continuing tax exempt status to the Commissioner
27 of the Revenue;
28
29 (c) that every three years, beginning on January 1, 2016, Ubasti, shall file an
30 exemption application with the Commissioner of the Revenue as a
31 requirement for retention of the exempt status of the property; and
32
33 (d) that Ubasti, cooperate fully with the Commissioner of the Revenue with
34 respect to audit of its financial records, compliance with the terms of this
35 ordinance.
36
37 4. That the effective date of this exemption shall be January 1, 2013.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day
of December 12012.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
Co missio e o the Revenue
CA12460
R-1
November 19, 2012
APPROVED AS TO LEGAL
SUFFICIENCY:
, ?
ity A ey's Office
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Ubasti
Ubasti
961 Kelso Court
Virginia Beach VA 23464
Website: http://ubasti.bbnow.org/index.php
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Ubasti is a 501 (c) 3 organization dedicated to reducing or eliminate domestic violence against
females. They were originally formed to stop domestic and dating violence but now they are
expanding to help stop bullying and any other types of abuse. They provide educational
awareness and informational activities to increase public awareness of domestic violence. They
help women and pre-teen/teens improve self esteem.
Ubasti's goal is to stop dating abuse and stop a cycle of violence from starting. Knowing that 1 in
4 young women will experience violence in her dating years, they offer a free dating abuse
prevention program to schools and youth organizations.
Mission statement:
Our mission is to identify, encourage, support and celebrate women who courageously strive to
overcome adversity and improve their lives and the lives of others.
TAX IMPACT:
Business Property: Assessment: $430.40
Tax: $ 15.92
Personal Property Assessment: None
Tax: None
Real Property Assessment: None
Tax: None
RELEVANT INFORMATION:
IRS Granted 501 (c) 3 status -October 30, 2010
\4G?t?1A' BEA
a ? ?•
?
:d
°., -,. ? Ci t
y Council Policyr
Orrginal Proposal
Title: Ciry Cauncil Policy Regarcling Applicarions for 'tax Exemptian by
Desigriation
Date of Adopaan: Febzuary 3, 2004 Dates of Revisians: May 6, 2008 Page 1 of 4
1.0 Purpase and Need
Purpose: Ta establish criteria far approval of resolutions by C'tty Council ta exempt, by
designation, local nonpraf t organixations frorn real and personal property taxes,
Need: Ciry Cauncil has requested guidznce as to criteria for coruiciering exemptions as well as a
procedure far reviewing requests for exernption from local praperty taxes. The Comznissioner of
the Revenue has nffered revisions ta Council's policy adopted an February 2, 2004 in an effort
to streamline the exernption review process for local nonprofit organizations and provide
necessary analysis and oversight of the applicaaon pracess.
Legislarive Background: The Virginia Consdnibon provides that, after January I, 2003, local
governmenrs may, by designation, exempt the real and personal properry of nonprofit
organizaaons from Iocal property taxes if used exclusiveIy far religious, charitable, pauiotic,
historical, benevolent, cultural, or public park and pIayground purposes. However, as provided
in Virginia C«ie §58.1-3651, che local goveming body must adopt an ardinance to exempt the
ProPerty. .
2.0 PoIi
The Ciry Council is nor required to designate any ocganization properly applying for exemprion
from taxarion, and every designation of an organization is condiaoned updn compliance with the
terms of this policy and any ordinance granting the exemprion. If an organizatian does not
comply with these requirements, the Ciry Council may revoke the tax exempqon after providing
notice and a hearing to ihe organization. Any revocation of an exemprian shall be effecrive at the
beginning of the tax year during which the revocarion occurs.
The applicant ar a:epresentative of the applicant shall provide the Commisszoner of ihe Revenve
detaiJed informadon necessary to detennine the benefits tp rhe public that will result frorn
granting tax exemption. Tn considering applicauons, the Commissioner of the Revenue shall
ernploy the foUowing guidelines:
Tide: Ciry Council Policy Regarding Appiicacions for Tax Exempsion by
Designatian
Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 2:of 4
l, The organization must be exempt from federal incame tax pursuant to Intemal Revenue
Code § 501(c).
2. Persanal or real property for which an exemption is sought carmot be used by any member
of the organizatzon or other persons except for non-profit purposes benefiting the non-profit
organization applying for exemprian.
3. The organization must be in cornpliance with all Ciry ordinances and regulations (including
' but not lirnited to building, property maintenance, and zoning codes) and aIl applicable tax
obligatians.
4. The organization must provide a service to the residents of the City that resulcs in a benefic to
the public (tangible or intangibie).
The foltowing requirements apply ro earh entity exempted from local praperty taxes by the City
Council:
I. Upon obtaining exemption, the organization must annually submit (by July I of each year)
iu Tnternal Revenue Secvice Farrn 990 or 990 EZ to the Cbmrrzissioner af the Revenue. If
not required to file Forrn 990 or 990 EZ, then the organization must annually certify on
form(s) prescribed by the Cornmissianer of the Revenue its canrinuing tax exempt status,
T_,oss of 501(c) status must imrnediately be reporced to the Commissioner of the Revenue and
City Attorney, and is grounds for revocation of tax exempt status.
2. Pursuant to Virginia Code § 5$.1-3605, each enrity exempted from iocal properry taxes shall,
every three years, fle an exemption application with the Coznmissioner of the Revenue as a
requirement for recention of the exempt status af tfie properry. The application form shall be
approved as to form by the City Attorney.
3. Each entity exempted frorn local p:aperty taxes must cooperate fully with the Cammissioner
of the Revenue with respect to audit of its financial records, compliance with the terms of this
policy, and compliance with any ordinance granting tax exernption.
3.0 Procedure to Accam,.plish Poticy
1. Organizations applying for exempuon must request a determinavon frorn the Commissioner
of the. Revenue as to whether the organizadan is or may be tax-exempt by cfassifcation,
pursuant to Article 2(§58.1-3606 et seq.) az°Amcle 3(§5$.1-3609 et seq.) of Title 58.1 af the
Virginia Code. If the organizarion is not exempc, but meets the criteria of organizatians that
can be exempced by designarion (see Virginia Code §58.I-3651), the organizauon will receive
/.-
r .
Title: Ciry Council Policy Regarding Applicarions for Tax Exempaon by
Designation
Date of Adoption: Febniary 3, 2004 Dates of Revisions: May 6, 2008 Page 3 of 4
an application from the Cornmissioner of the Revenue. The applicabon form shaIl request alI
information required by Virginia Code §58.1-3651 and be approved as to form by the Ciry
Attomey.
2. AppIicabons foz exemption shall be considered quanerly. AppIications for exempuari must
be submitted to the Commissioner of the Revenue. Applications shaIl be submitted no Iater
than October 1 of the year preceding the effec-tive dare of the eacemption. Based on the
criteria set forth in secrion 2.0 of this policy, the Commissioner of the Revenue wiU review
each applicarion and make a zeport to City Council regarding whether an organization
quaIifies for exemption under Iaw and City policy. The Cornmissioner of the Revenue will
not submif applications he deems incomplete to Ciry Council for a determination.
3. The Cammissioner of the Revenue shall forward copies of the applications alang with his
written findings to the City Attomey. The Ciry Attamey shaIl prepare the necessary
ordinances for Ciry Council and coordinate with the Ciry CIerk to ensure that the applications
are properly advenised and placed on the Ciry Council's agenda for a public hearing and
forrnal consideration.
4. The Ciry Council will conduct a public hearing and consider the criteria sei forth in Virginia
Cade §58.1-3651, seciian 2.0 of this policy, and the findings of the Commissioner of the
Revenue.
5. Any exemprions granted shaIl be effective as af the next January 1. .
6. Exempuons, as well as any departure from these guidelines, shall require approval by three-
fourths (3/4) of the members of Ciry Cvuncil.
4.0 Responsibilirv and Authoritv
Responsibiliry far iniriating application for exemption and tirnely providing any information ar
application required by the Commissioner of the Revenue shaIl rest with the organization seeking
exemption. Responsibility for making available inforznatian, applicadon for exemption, verifying
submitted tax information and reporting on the initial and canrinuing status of ihe taxpayer shall
rest with the Cammissianer of the Reveniie.
RespansibiIiry for preparing required ordir.ances, arranging for the advertisir.g of public hearings,
and placing items on the Ciry Council's agenda for a vote on praposed exempdans shall rest with
the Ciry Anorney. Responsibiliry for the final determination of the public benefits resulring from
tax exemption shall rest exciusively with the City C.ouncil.
Tide: Ciry Ceuncil Polity Regarding Applicatians for TaC Exemprion by
Design:ition
Date of Adoption: .-ebruary 3, 2004 Dates of Revuions: lvlay 6, 2008 Page 4 of 4
5.0 DeGnitions
PUBLIC BF;NEFTT- A.ny benefit or advantage expected ta be realized by the public, whether
tangible or intangible, which rnay accompany the tax exernption,
LOCAL PROPERTY TA.XES- Ad vaIorem taxes levied by the City of Virginia Beach on real
estate or tanf;ible personal property.
6.0 Specifie Req uzrernents
In addirion tc) the procedures and responsibilities set forth itt paragraphs 3.0 and 4.0, respectively,
documentaricm forwarded to the Ciry Council shall indude submission of an application form in
form and substance substantiaily as presented in the attached Exhibit A, as well as any addirional
informauon i:hat the applicant wishes to presenr to the City Coundl.
-33-
Iteni -VII-J.2
ORDINANCES/RESOL UTIONS ITEM #62412
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE a temporary encroachment into the City's right-of-way at
Market Street, Town Center, for Greenbrier Technology Center II Associates, LLC, and Big River
Breweries (t1a Gordon Biersch)
The following conditions shall be required.•
1. 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 appYOVaI and is more
particularly described as follows, to wit:
2. Providing however, nothing herein shall prohibit the City fi°om 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.
3. It is further expressly understood and agreed that the Temporary Encroachment herein
authoYized terminates upon notice by the City to the GYantee, and that within thirty (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 expenses of such removal.
4. 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, operation or existence of the Temporary
Encroachment.
5. 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 constYUCtion of any encroachment by anyone other than the Grantee.
6 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. The Temporary Encroachment shall be
maintained so as not to present a risk of injury due to the emission of heat to pedestrians outside
of the Encroachment Area.
7. It is further expressly understood and agreed that the Grantee must submit and have approved a
Traff c Control Plan before commencing work in the Encroachment Area.
8. It is further expressly understood and agreed that the Grantee agrees that no open cut of the
public roadway will be allowed, except under extreme circumstances. Requests for exceptions
must be submitted to the Highway Operations Division, Department of Public Works, for final
approval.
December 4, 2012
-34-
Itenz -VII-J.2
ORDINANCES/RESOLUTIONS ITEM #62412(Continued)
9. It is further expressly understood and agreed that the Grantee must obtain a permit fi^om the Civil
Inspections Division of the Department of Planning prior to commencing any construction within
the Encroachment Area (the "Permit ").
10. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility
easement Permit, the Grantee must post a bond or other security, in the amount of two times their
engineer's cost estimate, to the Department of Planning to guard against damage to City
property or facilities during construction.
11. It is further expressly understood and agreed that the Grantee must obtain and keep in effect
liabiliry insurance with the City as a named insured in an amount not less than $500, 000.00, per
person injured and property damage per incident, combined. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the Ciry prior to the
cancellation or termination of, or material change to, any of the insurance policies. Where
applicable, the Grantee shall provide property insurance in an amount equal to $500, 000.00 with
the City named as loss payee. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location and/or existence of the Temporary
Encroachment.
12. It is further expressly understood and agreed that the Temporary Encroachment must conform to
the minimum setback requirements, as established by the City.
13. It is further expressly understood and agreed that the Grantee must submit for review and
approval, a sur-vey of the Encroachment Area, certified by a Registered Professional Engineer or
a Licensed Land Surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a
Registered Professional Engineer, if required by either the City Engineer's Office or the
Engineering Division of the Department of Public Utilities.
14. 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 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 ($100.00) per day for each and
every day that the Temporary Encroachment is allowed to continue thereafter, and may collect
such compensation and penalties in any manner provided by law for the collection of local or
state taxes.
December 4, 2012
-35-
Iteni -VII-J.2
ORDINANCES/RESOL UTIONS ITEM #62412(Continued)
Voting: 11-0 (By Consent)
Council Members Yoting Aye:
Glenn R. Davis, WillianZ R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, BaYbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
December 4, 2012
1 AN ORDINANCE TO AUTHORIZE A TEMPORARY
2 ENCROACHMENT INTO A PORTION OF CITY
3 RIGHT-OF-WAY ADJACENT TO MARKET STREET
4 AT TOWN CENTER BY GREENBRIER
5 TECHNOLOGY CENTER II ASSOCIATES, L.L.C.
6 AND BIG RIVER BREWERIES, INC. (T/A GORDON
7 BIERSCH)
8
9 WHEREAS, Greenbrier Technology Center II Associates, L.L.C., a Virginia
lo limited liability company ("Greenbrier Technology") owns property known as 237 Central
11 Park Avenue at Town Center in Virginia Beach;
12
13 WHEREAS, Big River Breweries, Inc. (t/a Gordon Biersch), a Tennessee
14 corporation authorized to transact business in Virginia ("Gordon Biersch") leases a
15 portion of said property from the Greenbrier Technology;
16
17 WHEREAS, Gordon Biersch is a party to an Encroachment Agreement with the
1$ City of Virginia Beach (the "City") dated October 5, 2006, for an outdoor patio currently
19 adjacent to Market Street;
20
21 WHEREAS, Greenbrier Technology, as property owner, and Gordon Biersch, as
22 tenant, have joined in the application for the temporary encroachment into the City's
23 right-of-way along Market Street;
24
25 WHEREAS, Gordon Biersch desires to construct and maintain an independent
26 structure consisting of an exterior fireplace and glass screen on the sidewalk at the rear
27 of the existing patio located within the right-of-way known as Market Street (the
28 "Encroachment");
29
30 WHEREAS, the Encroachment would include extending the existing underground
31 gas line to the proposed fireplace and installing an emergency shut-off; and
32
33 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
34 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
35 City's right-of-way subject to such terms and conditions as Council may prescribe.
36
37 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
38 VIRGINIA BEACH, VIRGINIA:
39
40 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
41 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Greenbrier Technology
42 Center II Associates, L.L.C., a Virginia limited liability company and Big River Breweries,
43 Inc. (t/a Gordon Biersch), a Tennessee corporation, authorized to transact business in
44 Virginia, (the "ApplicanY'), are authorized to construct and maintain a temporary
45 encroachment for an independent structure on the existing sidewalk for an exterior
46 fireplace and glass screen and to extend the existing underground gas line to the
4 7 proposed fireplace, and install an emergency shut-off in the City's right-of-way as shown
48 on the map marked Exhibit "A" and entitled: "SITE PLAN, GORDON BIERSCH,
49 VIRGINIA BEACH, VIRGINIA DATED 4-30-12, SHEET NUMBERS A1.0, A2.1, A3.1, P1
so & P2" a copy of which is on file in the Department of Public Works and to which
51 reference is made for a more particular description; and
52
53 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
54 subject to those terms, conditions and criteria contained in that certain encroachment
55 agreement between the Applicant and the City of Virginia Beach (the "Agreement"), and
56
57 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
58 is hereby authorized to execute the Agreement, and such other terms, conditions and
59 modifications deemed necessary and sufficient to the City Manager and in a form
6 o deemed satisfactory by the City Attorney;
61
62 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
63 time as the Applicant and the City Manager or his authorized designee executes the
64 Agreement.
65
66 Ado?ted by the Council of the City of Virginia Beach, Virginia, on the 4th day
67 of Decem er 2012.
APPROVED AS TO CONTENTS
PUBLIC WORKS / REAL EST E
CA12166
\\vbgov.com\DFS1 \.4pplications\CityLawProd\cycom32\W pdocs\D002\P015\00040880.DOC
R-1
10/30/12
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
ITY ATTOR
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
? J
THIS AGREEMENT, made this ? day of , 2012, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipai corporation of the
Commonwealth of Virginia, Grantor, "City", and GREENBRIER TECHNOLOGY
CENTER II ASSOCIATES. L.L.C., a Virginia limited liability company, Grantee,
(Owner), together with its successors and assigns in title, and BIG RIVER
BREWERIES, INC. T/A GORDON BIERSCH, a Tennessee corporation authorized
to transact business in Virginia, Grantee, (Tenant), (Owner and Tenant are
collectively "Grantee").
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as along the north west side of block 3; as
shown on that certain plat entitled: "RESUBDIVISION PLAT OF TOWN CENTER
BLOCK 8 AS SHOWN ON PLAT ENTITLED SUBDIVISION PLAT OF THE TOWN
CENTER PHASE ONE-A (INSTRUMENT NUMBER 200212303086483) FOR THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY", prepared by LandMark
Design Group," and said plat is recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia as Instrument Number 200402060023049, and being
further designated, known, and described as 237 Central Park Avenue, Virginia Beach,
Virginia 23462;
GPIN: (CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED)
1477-55-1028 (237 Central Park Avenue)
WHEREAS, it is proposed by the Grantee to construct and maintain an
independent structure on the existing sidewalk for an exterior fireplace and glass
screen and to extend the existing underground gas line to the proposed fireplace, along
with installation of an emergency shut-off, collectively, the "Ternporary Encroachment",
in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
City right-of-way known as Market Street, located at the rear of the patio at 237 Central
Avenue, Virginia Beach, Virginia the "Encroachment Area"; and
WHEREAS, 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), cash 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
wil( be constructed and maintained in accordance with the laws of the Cornmonwealth 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 Encroachrnent Area as
shown on that certain exhibit plat entitled: "SITE PLAN,
GORDON BIERSCH, VIRGINIA BEACH, VIRGINIA, DATED
4-30-12, SHEET NUMBERS A1.0, A2.1, A3.1, P1 & P2" a
copy of which is attached hereto as Exhibit "A" and to which
reference is made for a more particular description.
2
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 rernoval.
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 thirty (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 expenses of such removal.
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, operation 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 Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard. The
Temporary Encroachment shall be maintained so as not to present a risk of injury due
to the emission of heat to pedestrians outside of the Encroachment Area.
3
It is further expressly understood and agreed that the Grantee must
submit and have approved a traffic control pian before commencing work in the
Encroachment Area.
It is further expressiy understood and agreed that the Grantee agrees that
no open cut of the public roadway will be allowed except under extreme circumstances.
Requests for exceptions must be submitted to the Highway Operations Division,
Department of Public Works, for final approval.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the civil inspections division of the Department of Planning prior to
commencing any construction within the Encroachment Area (the "Permit")
It is further expressly understood and agreed that prior to issuance of a
right-of-way/utility easement Permit, the Grantee must post a bond or other security, in
the amount of two times their engineer's cost estimate, to the Department of Planning to
guard against damage to City property or facilities during construction.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined.
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. Where applicable, the Grantee shall provide property insurance in
an amount equal to $500,000.00 with the City named as loss payee. The Grantee
assumes all responsibilities and liabilities, vested or contingent, with relation to the
construction, location, and/or existence of the Temporary Encroachment.
4
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as estabiished by
the City.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
by either the City Engineer's Office or the Engineering Division of the Department of
Public Utilities.
It is further expressly understood and agreed that the City, uporr
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
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, the said Greenbrier Technology Center I(
Associates, L.L.C., a Virginia limited liability company, has caused this Agreement to be
executed on its behalf by, Louis S. Haddad, President of TCA Block 3, Inc. Manager of
5
Owner, with due authority to bind said limited liability company. Further that Big River
Breweries, Inc. T/A Gordon Biersch, a Tennessee corporation, authorized to transact
business in Virginia, has caused this Agreement to be executed on its behalf by John B.
Phillips, Senior Vice President, General Counsel, of Big River Breweries, inc. T/A
Gordon Biersch, a Tennessee corporation authorized to transact business in Virginia,
with due authority to bind said corporation. 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.
CITY:
CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of
Virginia
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
, 2012, 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
Notary Registration Number:
My Commission Expires: _
(SEAL)
6
(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
, 2012, 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: _
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
SIGNATURE
DEPARTMENT
ALEXANDER W. STILES,
ASSOCIATE CITY ATTORNEY
7
OWNER:
GREENBRIER TECHNOLOGY CENTER II
ASSOCIATES, L.L.C., a Virginia lirnited
liability company
By: TCA BLOCK 3, INC.,
a Virginia corporation, MANAGER
By: (SEAL)
Louis S. Haddad, President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit: ?
The foregoing instrument was acknowledged before rne this ? day of
, 2012, by Louis S. Haddad, President of TCA Block 3 Inc., Manager
af Greenbrier Technology Center II Associates, L.L.C., a Virginia limited liability
company, on its behalf.
Notary Registration Numb
My Commission Expires: ,
?
?
(SEAL)
Notary Public
R4?q , S=S¢`?j7ef od`OA6
,`? -ca.'?y
?.?. N?'E 22 : 4s
= Cs ; p,EG•?
> ?'.. ,?`•{ .? o?'? p,2. : J??
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8
TENANT:
BIG RIVER BREWERIES, INC. T/A
GORDON BIERSCH, a Tennessee
corporation, authorized to transact business
in Virginj?
„ . ,.- .
By ?" ' (SEAL) :lei., J,d n B. Phillips
? ,SVP, General Counsel
STATE OF r?SS?'CCITY/COUNTY OF _ - ' r, to-wit:
The foregoing instrument was acknowledged before me this day of
2012, by John B. Phillips, Senior Vice President, General Counsel,
on be alf of Big River Breweries, Inc. T/A Gordon,8fW``;;?,;?ennessee corporation,
authorized to transact business in Virginia. ?g
O •? j,
.
• ? S
: .
? a ublicr.* ;
; •. .
'li? '• . .... •• ?? :
Notary Registration Numb ??'?,?rON G? ?•?'•
'???,??.??+?'`
My Commission Expires:
(SEAL)
9
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-36-
Itenz -VII-J.3
ORDINANCES/RESOL UTIONS ITEM #62413
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to TRANSFER $2.9-Million within Capital PYOjects re Business
Revenue/Personal Property RACS Implementation to meet future legislative requirements.
Voting: I1-0 (By Consent)
Council Members Yoting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
December 4, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
AN ORDINANCE TO TRANSFER FUNDS
FROM CAPITAL PROJECT #3-142, "CIT-
COMMUNICATIONS INFRASTRUCTURE
REPLACEMENT - PHASE II," TO CAPITAL
PROJECT #3-615, "CIT - BUSINESS
REV/PERSONAL PROPERTY RACS
IMPLEMENTATION"
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
$2,900,000 is hereby transferred from Capital Project # 3-142 CIT-
Communications Infrastructure Replacement - Phase II, to Capital Project #3-615, CIT -
Business Rev/Personal Property RACS Implementation, to complete the remaining task
of modernizing the business revenue, personal property and miscellaneous tax legacy
applications currently functioning within an outdated mainframe platForm.
Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day
of December 2012.
,
APPROVED AS TO CONTENT: APPOROVED AS TO LEGAL SUFFICIENCY:
? .. .. _...
?? . . -
Management Services C o y ice
CA12479
R-1
November 20, 2012
i I II ? ?
-37-
Itenz -VII-J
PLANNING ITEM #62414
1. EDWARD LEE TWEEDY
2. CAPE HENRY COLLEGIATE SCHOOL, INC.
3. KIMBERLYLORAINE HERNAEZ/
THOMAS BUSCIGLIO
4. R&JPETRO, INC. D.B.A STUDIOS
4 LESS/THE RAMSEY-WHITE COMPANY, L. C.
5. MPB, INC.
NON-CONFORMING USE
MODIFICATION OF CONDITION
CONDITIONAL USE PERMIT
CHANGE OF ZONING
CHANGE OF ZONING
December 4, 2012
-38-
Item -VII-J
PLANNING ITEM #6241 S
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION, BY CONSENT, Items 1, 2, 3, 4, AND S(DEFER TO 12/11/2012) of the PLANNING
AGENDA.
Voting: I1-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 4, 2012
-39-
Item -VII-J.1
PLANNING
ITEM #62416
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of EDWARD LEE TWEEDY for
enlargement of a Non-Conforming Use re housing ten (10) additional dogs at 3908 Indian River Road
DISTRICT 7 - PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of EDWARD LEE TWEEDY for
enlargement of a Non-Conforming Us re housing ten (IO) additional
dogs at 3908 Indian River Road (GPIN 1474827607) DISTRICT 7 -
PRINCESSANNE
The following condition shall be required:
1. Unless othenvise limited by Animal Control, this non-conforming use shall be limited to only
those specific ten (10) beagles and four (4) tenant's dogs identified by the applicant. At such time
as these identified dogs die,no other dog(s) of any kind, gender, age or breed shall be permitted
on the property to replace the identified 14 dogs, except that which is the maximum allowed by
the Zoning Ordinance without a Conditional Use Permit.
2. The applicant shall ensure that the dogs maintain all required shots and are properly licensed
through the City of Virginia Beach.
3. All animal waste shall be collected and disposed of in a lawful manner on a daily basis.
4. No breeding, grooming or boarding of any other dogs for monetary or non-monetary purposes
shall be permitted.
5. The existingfence shall be maintained in good condition.
6 All dogs, when outside in the fenced-in yard or outdoor kennels, shall not be a nuisance to any
other property owners or residents.
7. As provided for in Section 221(1) of the City Zoning Ordinance, and based on a finding that the
current location of the kennels on the parcel are not compatible to existing land uses in the
surYOUnding area, the setback of one hundred (100) feet required by Section 223 of the Zoning
Ordinance is modified to meet a forty (40) foot setback from the side property lines and one
hundred (100) foott setback from the rear pYOperry line.
8. The kennel is approved foY a period of one (1) year with an annual Administrative Review by the
Zoning Administrator in consultation with Animal Control.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourth day of December, Two
Thousand Twelve
December 4, 2012
-40-
Item -VII-J.1
PLANNING
Voting: 11-0 (By Consent)
Council Members Yoting Aye:
ITEM #62416(Continued)
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 4, 2012
1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF
2 A NONCONFORMING USE ON PROPERTY LOCATED AT
3 3908 INDIAN RIVER ROAD
4
5 WHEREAS, Edward Lee Tweedy, (hereinafter the "Applicant") has made
6 application to the City Council for authorization to enlarge a nonconforming use located
7 at 3908 Indian River Road in the B-2 Business District and the R-15 Residential District
8 by enlarging the nonconforming residential use in the B-2 Business District with the
9 addition of kennels for ten (10) additional dogs; and
10
11 WHEREAS, this lot contains a single-family dwelling, which is not allowed in the
12 B-2 Business District, however, the dwelling was built prior to the adoption of the
13 applicable zoning regulations and is therefore nonconforming; and
14
15 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
16 enlargement of a nonconforming use is unlawful in the absence of a resolution of the
17 City Council authorizing such action upon a finding that the proposed use, as enlarged,
18 will be equally appropriate or more appropriate to the zoning district than is the existing
19 use;
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23
24 That the City Council hereby finds that the proposed use, as enlarged, will be
25 equally appropriate to the district as is the existing nonconforming use under the
26 conditions of approval set forth hereinbelow.
27
28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
29 BEACH, VIRGINIA:
30
31 That the enlargement of the nonconforming use is hereby authorized, upon the
32 following conditions:
33
34 1. Unless otherwise limited by Animal Control, the number of dogs kept on
35 the lot shall be limited to only the applicant's ten (10) existing beagles and
36 the tenant's four (4) existing dogs, as have been identified by the applicant
37 to staff. At such time as these identified dogs die, the deceased dog(s)
38 shall not be replaced with other dog(s) of any kind, gender, age, or breed,
39 until such time that only four dogs remain. Four dogs are the maximum
40 number of dogs permitted for a single-family residential use.
41
42 2. The applicant shall ensure that the dogs maintain all required shots and
43 are properly licensed through the City of Virginia Beach.
44
45 3. All animal waste shall be collected and disposed of in a lawful manner on
46 a daily basis.
47
48
49
50
51
52
53
54
55
56
57
58
59
60
4. No breeding, grooming or boarding of any other dogs for monetary or non-
monetary purposes shall be permitted.
5. The existing fence shall be maintained in good condition.
6. Based on a finding that the current location of the kennels on the parcel
are not compatible to existing land uses in the surrounding area, the
kennels shall be located no closer to the side lot lines than 40 feet and no
closer than 100 feet of the rear lot line.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 t h day
of December 2012.
,
APPROVED AS TO CONTENT
.
....
Planning
CA12473
R-1
November 19, 2012
APPROVED AS TO LEGAL SUFFICIENCY:
/
Cit torney's Office
2
-41-
Itena -11II42
PLANNING
ITEM #62417
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/
CONDITIONED, BY CONSENT, Application of CAPE HENRY COLLEGIATE SCHOOL, INC., for
Modi ication of Condition No.l re athletic field lighting, bleachers and decorative entrance at 1320 Mill
Dam Road, (approved May 23, 2000) DISTRICT 5- LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of CAPE HENRY COLLEGIATE
SCHOOL, INC., for Modi acation of Condition No.l re athletic field
lighting, bleachers and decorative entrance at 1320 Mill Dam Road,
(approved May 23, 2000) (GPIN 2408584284) DISTRICT 5-
LYNNHAVEN
The following condition shall be required.
1. All conditions, with the exception of Number 1 attached to the Conditional Use Permit granted by
the City Council on May 23, 2000, and modified July 10, 2001, remain in effect.
2. Condition Number 1 of the May 23, 2000, Conditional Use Permit is deleted and replaced with
the following:
a. Existing Field 1, as identified on the submitted "AMENDED MASTER PLAN CAPE HENRY
COLLEGIATE SCHOOL ", dated October 9, 2012, and prepared by Tymof.f+Moss Architects,
may be lit for evening athletic events. Said Plan has been exhibited to the Virginia Beach City
Council and is on file in the Planning Department.
b. There shall be no more than five (5) light poles as depicted on the Plan. The poles shall not
exceed fifty (SO feet) in height. If determined by the Zoning AdministratoY to be necessary, the
lights mounted on all the poles on the eastern side of the field shall be shielded so as not to
allow glare to spill over to the residential homes located along the eastern property line.
c. A Lighting Plan and/or Photometric Diagram Plan shall be submitted to the Planning
Department for review prior to installation of any lighting for the fields. Said Plan shall
include the location of all pole mounted and the listing of lamp type, wattage and rype of
fixture. Lighting shall overlap and be uniform throughout the field area. All lighting on the
site shall be consistent with those standards recommended by the Illumination Engineering
Society of North America.
d. There shall be no amplified speaker system for the field.
e. Athletic events shall start no later than 7:30 P.M. The lights shall be turned off no later than
thirty (30) minutes after the completion of the event. The lights shall not be used on Sundays.
f. The applicant may install the (seven) 7 foot high wall and (sixteen) 16 foot high entry
elements, as well as bleachers on the western side of Existing Field 1. The additions shall
substantially adhere to the submitted rendering prepared by Tymof.f+Moss Architects. Said
rendering has been exhibited to the Virginia Beach City Council and is on fzle in the
Planning Department.
December 4, 2012
-42-
Item -VII-J.2
PLANNING
ITEM #62417(Continued)
This Ordinance shall be effective in accordance with Section 107()of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourth day of December, Two
Thousand Twelve
Voting: 11-0 (By Coresent)
Council Members Voting Aye:
Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 4, 2012
-43-
Item -VII-J.3
PLANNING ITEM # 62418
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of KIMBERLY LORAINE
HERNAEZ/THOMAS BUSCIGLIO, for a Conditional Use Permit re a Home Occupation for Child
Day Care at 1940 Southaven Drive DISTRICT 1- CENTERVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of KIMBERLY LORAINE
HERNAEZ/THOMAS BUSCIGLIO, for a Conditional Use Permit re a
Home Occupation for Child Day Care at 1940 Southaven Drive (GPIN
1475112155) DISTRICT 1- CENTERVILLE
The following condition shall be required:
1. The Home Daycare shall be limited to a total of twelve (12) children, other than children living in
the home.
2. Hours of operation shall be limited to Monday through Friday, 7: 00 A.M. to 6: 00 P.M.
3. No more than one (1) person, other than the applicant, shall be employed by the Home Daycare.
4. A four foot high fence, to be maintained in good condition at all times, shall separate the outdoor
play area from the pool. The fence shall meet the "°pool barrier" requirements of the Virginia
Department of Social Services.
5. The applicant shall stagger the arrival and departure times for the children such that all vehicles
picking-up or dropping-off children are parked on the applicant's front driveway or along the
roadway curb adjacent to the front yard.
6 A sign, no greater than one (1) square foot in size, advertising the Home Daycare may be
installed on the house.
7. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said
license in good standing shall result in revocation of this Use Permit.
8. The applicant shall obtain all necessary permits and inspections from the Planning Department /
Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the
Building Official for Home Daycare use.
This Ordinance shall be effective in accordance with Section 107()g of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourth day of December, Two
Thousand Twelve
December 4, 2012
-44-
Item -VII-J.3
PLANNING
Voting: 11-0
Council Members Voting Aye:
ITEM # 62418(Continued)
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 4, 2012
-45-
Item -VII-J.4
PLANNING
ITEM #62419
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council
APPROVED/CONDITIONED, BY CONSENT, Application of R& J PETRO, INC. D.B.A. STUDIOS
4 LESS / THE RAMSEY-WHITE COMPANY, L.C. for a Conditional Chanjze of Zoning from B-1
Neighborhood Business and H-1 Hotel to Conditional B-4 Mixed Use re ADDING retail, medical,
office and personal services to the existing hotel use at 717 South Military Highway DISTRICT 2
KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of R& J PETRO, INC. D.B.A. STUDIOS
4 LESS / THE RAMSEY-WHITE COMPANY, L.C. for a Conditional
Chanize of Zoning from B-1 Neighborhood Business and H-I Hotel to
Conditional B-4 Mixed Use re ADDING retail, medical, office and
personal services to the existing hotel use at 717 South Military
Highway (GPIN 1456275342) DISTRICT 2 KEMPSVILLE
The following condition shall be required:
An Agreement encompassing proffers shall be Yecorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourth day of December, Two
Thousand Twelve
Voting: 11-0
Council Members 1TOting Aye:
Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council MembeYS Absent:
None
December 4, 2012
-46-
Item -VII-J.5
PLANNING
ITEM #62420
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFEIZRED TO
12/11/2012, BY CONSENT, Application of MPB, INC. for a Conditional Change o Zoning from AG-I
and AG-2 Agricultural to Conditional 0-2 Office re a three story office structure at Princess Anne Road
and Elson Green Avenue (deferred November 13, 2012) DISTRICT 7- PRINCESS ANNE
Yoting: 10-1
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay.•
Barbara M. Henley (Verbal)
Council Members Absent:
None
December 4, 2012
-47-
ITEM VII-K
APPOINTMENTS ITEM #62421
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BOARD OF B UILDING CODE APPEALS
HISTORICAL REVIEW BOARD
December 4, 2012
-48-
ITEM VII-K
APPOINTMENTS ITEM #62422
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
JAMES OGLESBY
DAVID WHITLEY
S-Yr. Term 1/1/13-12/31/17
BOARD OF ZONING APPEALS
Voting: 11-0 (By Consent)
Council Members Poting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, JY., John E. Uhrin, James L. Wood and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent.•
None
December 4, 2012
-49-
ITEM VII-K
APPOINTMENTS ITEM #62423
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
RONALD TAYLOR
2-Yr. Term 1/1/13-12/3l/14
COMMUNITY POLICY AND MANAGEMENT TEAM (CSA)
Voting: 11-0 (By Consent)
Council Members Tjoting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and
Rosemary Wilson
Council Members Yoting Nay:
None
Council Members Absent.•
None
December 4, 2012
-50-
ITEM VII-K
APPOINTMENTS ITEM #62424
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
PATRICK C. DEVINE, JR.
S-Yr. Term 1/1/13-12/3l/17
COMMUNITYMEDICAL ADVISORY COMMISSION
Voting: 11-0 (By Consent)
Council Members Yoting Aye:
Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and
Rosemary Wilson
Council Members Yoting Nay:
None
Council Members Absent:
None
December 4, 2012
-51-
ITEM VII-K
APPOINTMENTS ITEM #62425
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
VALERIE DENISE WINTERS
3-Yr. Term 1/1/12-12/3l/14
and
REAPPOINTED:
DIANA G. RUCHELMAN
3-Yr. Term I/l/12-12/31/14
COMMUNITYSERVICESBOARD (CSB)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and
Rosemary Wilson
Council Members Poting Nay:
None
Council Members Absent.•
None
December 4, 2012
-52-
ITEM VII-K
APPOINTMENTS ITEM #62426
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
DONALD Y. JELLIG
STEPHEN R. ROMINE
WILLAM D. SESSOMS, JR.
DOROTHY WOOD
1-Yr. Term 1/1/13-12/31/13
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
Voting: 9-1 (By Consent)
Council Members Yoting Aye:
Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John E. Uhrin,
James L. Wood and Rosemary Wilson
Council Members Voting Nay:
John D. Moss
Council Members Absent.•
None
Council Members Abstaining:
Mayor William D. Sessoms, Jr.
December 4, 2012
?
-53-
ITEM VII-K
APPOINTMENTS ITEM #62427
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
JOHN C. BARNES, ALTERNATE
4-Yr. Term I/1/13-12/31/16
SOUTHEASTERNPUBLIC SERVICE AUTHORITY (SPSA)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and
Rosemary Wilson
Council Members Voting Nay.
None
Council Members Absent:
None
December 4, 2012
-54-
ITEM VII-K
APPOINTMENTS ITEM #62428
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
ANTHONYNERO
4-Yr. Term 1/1/13-12/31/16
VIRGINIA BEACH COMMUNITY DE VEL OPMENT CORPORATION (VBCDC)
Voting: 11-0 (By Consent)
Council Members Yoting Aye.
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 4, 2012
-55-
ITEM VII-K
APPOINTMENTS ITEM #62429
Upon NOMINATION by Vice Mayor Jones, Ciry Council REAPPOINTED:
PAIGE CR UNK
3-Yr. Term 1/1/13 -12/3l/1 S
VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD
Voting.• I1-0 (By Consent)
Council Members Poting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 4, 2012
-56-
Item -VII-N
ADJOURNMENT ITEM #
Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:12 P.M.
Amanda Finley-Barnes, CMC
Chief Deputy City Clerk
Ruth Hodges Fraser, MMC William D. Sessoms, Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
December 4, 2012
-57-
PUBLIC DIALOGUE
ChYistine Ross, 1647 Ocean Bay Drive, Phone: 905-1835, stated the City of Chesapeake recently
approved back yard chickens and encouraged Virginia Beach to legalize the ownership of backyard
chickens. Ms. Ross also requested the City close the abortion clinics within the City by rezoning the
properties, buying the buildings where they operate and/or declaring the clinics as "dangerous
nuisances „.
Tracy OkYOy, 840 Crepe Myrtle Court, Phone: 513-7825, requested the City legalize backyard chickens.
Ms. Okroy stated the chickens are quiet, eat Lyme disease ticks and provide a source of nutrition. Ms.
Okroy advised Norfolk and Suffolk allow backyaYd chickens.
The Public Dialogue re Non Agenda Items concluded at 6:19 P.M.
December 4, 2012
-56-
Item -VII-N
ADJOURNMENT ITEM #62430
Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:12 P.M.
Amanda Finley-Barnes, CMC
Chief Deputy Ciry Clerk
R h Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
?
William D. Sessoms, Jr.
Mayor
December 4, 2012