From email:

Dear Honorable Members of the Richmond City Council,

I would like to express my appreciation for the postponement of the Ordinances that would grant Venture Richmond tax exemptions for its “Tredegar Green” amphitheater properties.

Venture Richmond wants exemption from all the rules. It wants to be exempt from having to bid for city contracts, to be exempt from the non-profit prohibition of engaging in substantial lobbying, to be exempt from having to answer all of the questions submitted by the Taxation by Designation Committee, to be exempt from paying real estate taxes, and even to be exempt from the moratorium on exemptions.

As you carefully consider this issue, I would like for you to understand the frustration that the Oregon Hill neighborhood has experienced in dealing with Venture Richmond, which apparently also feels exempt from treating its neighbors and George Washington’s James River and Kanawha Canal with respect. Venture Richmond wants to be exempt from the zoning requirements for its proposed amphitheater at “Tredegar Green,” to be exempt from protecting Oregon Hill and the Va. War Memorial from the noise and parking congestion of events at the amphitheater, and to be exempt from protecting the historic canal from damage so that it can again be a “blueway” westward to Maymont.

Recently Venture Richmond notified the Corps of Engineers that it may withdraw from the Section 106 review of the amphitheater project by the Va. Dept. of Historic Resources if it cannot be exempt from the holding off implementing much of the project before the review is completed.

The “Tredegar Green” amphitheater also includes city property, so it is my hope that the Richmond City Council, when drawing up a revised lease for this city property, will not exempt the significant interests of the community. The Oregon Hill Neighborhood Association and the editorial staff of the Richmond Times Dispatch have endorsed limiting the amphitheater to the properly zoned property below the canal, and this would eliminate any cause to damage the canal and protect the Oregon Hill neighborhood and the Va. War Memorial from excessive noise and parking congestion.

Thank you for your consideration of the needs of the community and for the postponement of the untimely Venture Richmond tax exemption Ordinances during the moratorium on tax exemptions by designation.

Sincerely,

Charles Pool

On Monday, February 10th, the Richmond City Council will vote on giving Venture Richmond a tax exemption for its real estate on the site of its proposed amphitheater below Oregon Hill. City Council should not approve this tax exemption for Venture Richmond for the following reasons:

The City Council has a moratorium on granting tax exemptions by designation. Venture Richmond submitted this application in 2012, and Venture Richmond failed to meet the deadline of April 8, 2013, as established by City Ordinance 2013-19, for introducing an ordinance exempting property from taxation by designation.

State code requires that City Council consider whether the executive salary of the organization is reasonable when considering an organization’s application for tax exemption. Venture Richmond Director Jack Berry receives a salary of over $240,000 annually. If Venture Richmond can afford to pay its Director $240,000 are we to believe that it cannot afford to pay $43,836 in real estate tax?

State code also requires that City Council consider whether the non-profit applying for tax exemption engages in substantial lobbying for legislation. According to Venture Richmond, it has spent at least $32,000 lobbying for the Mayor’s Shockoe Stadium proposal. The Mayor is President of Venture Richmond, and Venture Richmond has been engaged in substantial lobbying for the Mayor’s legislation.

Richmond’s Tax Exemption by Designation Committee recommended AGAINST a real estate tax exemption for Venture Richmond, and the committee sessions generally focused on the amount of executive salaries, revenue sources and any duplication of city services being performed by each applicant. The other organizations that applied but did not receive exemptions were VMFA parking lots, Science Museum of Virginia properties, Family Lifeline properties, CHAT Property, Hands Up Ministries properties and Richmond Urban Senior Housing property.

On its application for real estate tax exemption for its amphitheater property, Venture Richmond stated that the property was in compliance with zoning codes. Yet the amphitheater above the canal is not zoned for an amphitheater. Venture Richmond also stated that it does not compete with other organizations in the marketplace, a contention that is disputed by private promoters. Venture Richmond also stated that it does not provide or deny services based on ability to pay, a contention that would be disputed by those not affording a ticket to Venture Richmond paid events.

According to a video-taped presentation given by Venture Richmond Director Jack Berry to the Oregon Hill Neighborhood Association, the intention of Venture Richmond is to rent out the amphitheater with no limitation on the number of events annually, and to serve alcoholic beverages on the property. Rental property generating income for the non-profit is generally not considered a charitable purpose for tax exemption.

I will be very interested to see how other local media covers this issue. Joined corporate and political power in Venture Richmond’s board that runs roughshod over citizen concerns is a real problem, whether the issue is the Tredegar Green amphitheater plan or the Shockoe stadium proposal.

Richmond.com has a report on how the “Tredegar Green, Brown’s Island Proposals Pass UDC”.

By the way, the Richmond Free Press has an interesting story this week on the “Marsh commission bypasses law in drive for freedom monument” on Brown’s Island, which may delineate some of the fissures in Richmond’s political establishment.

Some of my own correspondence (editorial):

Despite our Councilperson’s request for a continuance, the UDC went ahead and approved Venture Richmond’s plan at today’s meeting.

Thank you, Parker, for responding and speaking up for Richmond citizens. Certainly, we are looking forward to new information in regard to the project. I hope the City can be sensitive to potential archeologically important material on this site.

Personally, I believe the vote reflects very poorly on the UDC and Venture RIchmond.

Thank you,

Scott Burger

Begin forwarded message:

From: “Agelasto, Parker C. – Council Member”
Subject: Re: please do not approve the Venture Richmond amphitheater proposal
Date: January 9, 2014 7:46:35 AM EST
To: Scott Burger
Cc: aalmond@3north.com, ariasllc@comcast.net, dcole@cite-design.com, garlandvw@gmail.com, Bryan Green , Giles Harnsberger , Andrea Levine , jnolt@3north.com, claire@GradientEnvironment.com, smithrd3@gmail.com, “Jeff R. – PDR Eastman” , “Mark A. – PDR Olinger” , Jack Berry

Dear Scott,

Thank you for writing to the Urban Design Committee. I too believe the timing of final review for the Tredegar Green project is premature at this stage. In discussions with Mark Olinger, the City is planning to restore the historic wall that was demolished. This will likely change the character of the site and should be reflected in the plan. Likewise, the Section 106 and Army Crops of Engineer reviews have not been completed. According to Mr. Olinger, the City’s review can proceed but no work permits can be issued until these are complete. If DHR and COE return with material changes to the plan, it will have to begin from the beginning of the process again. That being the case, continuing the UDC review should not put any hardship on Venture Richmond to wait for final approval until after these important, independent, reviews are complete.

Finally, Venture Richmond has not applied for a rezoning of the parcel where the amphitheater would be located. Thus, the use of the site as such is only permitted four days of the year. It would seem inadvisable for the City to issue site approval for a permanent change to the landscape that only can be used temporarily for it’s intended use. Likewise, discussions are underway that would provide significant landfill for grading of the Tredegar Green site such that the canal embankments would not be disturbed. This dirt would be coming from an area on the Virginia War Memorial site and would be a win-win for them, Venture Richmond, and canal preservationists. This grading would benefit from roughly 1,600 truckloads of additional, locally-sourced, dirt and could be considered a material change to the grading plan as proposed.

I hope that the items listed about are reasons enough for the UDC to request a continuance of the final review of the Tredegar Green proposal. Unfortunately, I am unavailable to attend today’s hearing and request that this issues be brought to the attention of all UDC members.

Sincerely,
Parker C. Agelasto
Richmond City Council, 5th District

On Jan 8, 2014, at 10:54 PM, “Scott Burger” wrote:

Dear members of the Richmond Urban Design Committee,

As a citizen who lives near the site of this proposed project I plead with you to NOT approve Venture Richmond’s Tredegar Green amphitheater proposal.

I am greatly concerned that Venture RIchmond’s proposal will negatively impact the historic integrity of the Kanawha Canal. I note that Venture Richmond was leasing the property when a historically significant wall was illegally demolished. I note that the Virginia Department of Historic Resources has not completed its Section 106 review of the proposal. This is a canal that was designed and presided over by no one less than George Washington!

I am also concerned that Venture Richmond’s proposal will negatively impact the structural integrity of the Kanawha Canal. This is very important because Venture RIchmond’s proposal could block public plans that have been in place for decades to renovate and re-water the historic Kanawha Canal. My City Councilperson has requested funds for this very purpose. Please do not allow Venture Richmond to alter or diminish this ‘blueway’ which is so important to the City’s past and future.

As an Oregon Hill neighbor, I am very concerned that Venture Richmond’s proposal will have a negative impact on my community’s quality of life in terms of congestion, litter, and noise. Venture Richmond has not adequately responded to or addressed community concerns in this regard. The City’s Downtown Master Plan states that historic neighborhoods such as Oregon Hill need to be protected from unsuitable development.

I do not believe Venture Richmond can be trusted to act as a good neighbor. I note that the Oregon Hill Neighborhood Association has offered a compromise proposal on the location of the proposed amphitheater that Venture RIchmond has ignored. I am disturbed that City staff have not adequately responded to questions from Richmond citizens, who were told that they would have to wait for the Army Corp of Engineers review.

Lastly, I will also say that I am very angry that tomorrow’s meeting was not given proper public notice. Due to this lack of proper notice, I will not be able to exercise my rights as a citizen to speak in person at this meeting.

Again, I plead with you to please NOT approve Venture Richmond’s Tredegar Green amphitheater proposal. At the very least, continue this matter until necessary reviews are completed and staff has fully answered questions.

Thank you,

Scott Burger