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SEPTEMBER 9, 2008 MINUTES I I I I I I CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF: At-Large VICE MAYOR LOUIS R. JONHS, Bays/de - District. fVILL/AM R. DeSTEPH, At-Large HARRY E. D/EZbL, Kempsville - District 2 ROBERT M. DYHR" Centerville - District I BARBARA M. HENLEY, Princess Anne District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach D/strlct 6 NON A. VIUANUEVA, At-Large rOSEMARY WILSON, At-Large .I4MhS L. WOOf), Lynnhaven -District 5 CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE'(757J 385-4303 FAX (757) 385-5669 E- MAlL: Ctycnc/@vbgov.com ( 'lIT MANAGER - JAMES K. SPORE ( ITY A7TORNEY - LESUE L. UUJiY ( ITY CU'RK - R[ 17'H HODGES FRASJiR, MMC 9 SEPTEMBER 2008 1. CITY COUNCIL BRIEFING - Conference Room - 2:00 PM A. "FOR KEEPS" INITIATIVE Anne Holton, First Lady of Virginia Ray Ratke, Deputy Commission of the Department of Mental Health! Mental Retardation/Substance Abuse Services, Special Advisor for Children's Services, Office of the Secretary of Health and Human Resources Dr. Terry Jenkins, President, "Together We Can" Foundation II. CITY COUNCIL COMMENTS Ill. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION II I I II I V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Penny Cory Pastor, Salem 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 September 2, 2008 G. AGENDA FOR FORMAL SESSION H. PUBLIC COMMENT 1. Housing and Neighborhood Preservation Report 1. CONSENT AGENDA J. ORDINANCES 1. Ordinance to AMEND City Code: a. AMEND 937-7 re water tap and meter installation fees b. REPEAL 92-191 re check replacement procedures K. PLANNING 1. Variance to 994.1.B4 and 5B.8 of the Site Plan Ordinance, Floodplain Regulations, to allow a room addition and deck for PATRICK and CATHERINE BOWLER at 2228 Elder Road. DISTRICT 5 - L YNNHA VEN RECOMMENDA TION APPROV AL II I I "I I 2. Applications for Conditional Use Permits: a. CENTERVILLE BINGO, INC., re a bingo hall at 1920 Centerville Turnpike. DISTRICT 1 - CENTERVILLE RECOMMENDATION DEFER TO SEPTEMBER 23, 2008 b. RICHARD Y ANEK re a recreational facility of an outdoor nature (skateboard ramp) at 538 South Atlantic Avenue. DISTRICT 6 - BEACH RECOMMENDATION APPROV AL c. VIRGINIA BEACH INK re a tattoo studio at 612 Nevan Road. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROV AL 3. Applications of NEW CINGULAR WIRELESS PCS, LLC (t/a AT&T) at 631 North Witchduck Road: DISTRICT 4 - BA YSIDE a. Conditional Use Permit re a communication tower b. Modification of Condition No. 1 of a Conditional Use Permit (approved by the City Council on September 26, 1995) for cemetery, mausoleums, columbarium, chapel, administrative offices, equipment maintenance and storage RECOMMENDATION APPROV AL 4. Application of JIM LOOMIS c/o HP VENTURES, L.L.C. for a Modification of Condition No. 12 of a Conditional Use Permit (approved by City Council on January 13, 2004) re additional recreational uses in an area previously designated for parking at 700 South Birdneck Road. DISTRICT 6 - BEACH RECOMMENDATION APPROV AL 5. Application ofR. J. MCGINNIS for a Modification of Proffers Nos. 1 and 2 for a Change of Zoning (approved by City Council on December 2, 2003) re an office and retail building at 3176 Holland Road. DISTRICT 6 - BEACH RECOMMENDATION APPROV AL II I I I I 6. Ordinance to AMEND and REORDAIN the City Zoning Ordinance (CZO) 9111,901, 1001, 1511 and 1521; and, ADD 9223.1 defining automobile museums, establishing a conditional use in the B-1A, B-2, B-3, B-4, B-4C and B-4K Business Districts, the I-I Industrial District and the RT-2 and RT-3 Resort Tourist Districts. RECOMMENDA TION APPROV AL L. APPOINTMENTS HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION REVIEW AND ALLOCATION COMMITTEE WORKFORCE HOUSING ADVISORY COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT Ci/v Council Sessions for November and December 2008 November 4 November 11 November 18 November 25 Election Day - No Sessions Veteran's Day - No Sessions Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning December 2 December 9 Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning 30th Anniversary of the Office of Volunteer Resources September 24,2008 4:00 - 6:00 PM Volunteer Recognition Garden II I I I I Comprehensive Plan Open Houses September 15, 2008 Tallwood Elementary School District # 1 - Centerville 7:00 - 9:00 PM September 18, 2008 Fairfield Elementary School District #2 - Kempsville 7:00 - 9:00 PM September 22, 2008 Red Mill Elementary School District #7 - Princess Anne 7:00 - 9:00 PM September 29,2008 Creeds Elementary District #7 - Princess Anne 7:00 - 9:00 PM October 2, 2008 Landstown High School District #7 - Princess Anne 7:00 - 9:00 PM October 6, 2008 Bow Creek Recreation Center District #3 - Rose Hall 7:00 - 9:00 PM District #6 - Beach October 9,2008 White Oaks Elementary District #3 - Rose Hall 7:00 - 9:00 PM School October 13,2008 Convention Center District #6 - Beach 7:00 - 9:00 PM October 16, 2008 Association for Research & District #5 - Lynnhaven 7:00 - 9:00 PM Enlightenment District #6 - Beach October 20, 2008 Princess Anne High School District #4 Bayside 7:00 - 9:00 PM District #5 - Lynnhaven October 23, 2008 Bayside Recreation Center District #4 Bayside 7:00 - 9:00 PM District #5 - Lynnhaven October 27,2008 Cox High School District #5 - Lynnhaven 7:00 - 9:00 PM ********* If you are physically disabled or visually impaired and need assistance at this meeting, please'call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 09/03/08 mb www.vbl;wv.com II I I ,I I - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 9, 2008 Mayor Meyera E. Oberndorf called to order the City Council Briefing re "FOR KEEPS INITIATIVE" in the City Council Chamber, City Hall, on Tuesday, September 9, 2008, at 2:00 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, James L. Wood Council Members Absent: Rosemary Wilson [Spending time with daughter, Entered: 3:20 P.M] Robert M Dyer [Absent due to Mother's illness] September 9, 2008 II I I, III I I - 2 - CITY COUNCIL BRIEFING "FOR KEEPS" INITIATIVE ITEM # 57994 2:00 P.M. Mayor Oberndorf introduced the Fist Lady of Virginia, Anne Holton, wife of Governor Kaine. The need for change in Virginia re Foster Care was initiated by First Lady Anne Holton, and her "For Keeps Initiative". The FOR KEEPS INITIATIVE focuses on the need for communities to help foster care children who are growing out of the system. Her work has been recognized with the "Families for Life Award" in May 2008. Anne Holton graduated from Princeton University, Magna Cum Laude, with a Degree in Economics. She graduated from Harvard Law School Cum Laude, assuming her law degree in 1983. Since then she has worked as an Attorney with Legal Aide for ten (10 years, then served as a Juvenile Domestic Relations Judge in Richmondfrom 1998 until her husband's election as Governor in 2005. Attending with First Lady Holton was her Chief of Staff, Mike Evans and Ray Ratke, Deputy Commission Mental Health/Mental Retardation//Substance Abuse and Special Advisor for Children's Services. Dr. Terry Jenkins, President, will provide information re the "Together We Can" Foundation. Anne Holton advised approximately one-half of the children in Foster Care are teenagers. She worked with her State Director of Social Services focusing on this issue of older children to be more successful in connecting with permanentfamilies. Anne Holton referenced children age of twelve (12), and older achieve permanency nationally at 72%, and in Virginia at 44% National Research: Foster Youth Who Age Out . One in four will be incarcerated within the first two years after leaving the system . Over one-fifth will become homeless at some time . About 60% will have a high school diploma at age 19 - compared to about 90% of non-foster youth Fewer Children Achieving Permanency Percent of Children Exiling to Permanent Placement 90 86.4 . 86.7 . 86.7 . 86.4 . 86 80 1I ;jj 76 ... .e 70 ~ 66 .. Q. 66.9 +-- 73.4 6~. 72 . 60 55 60 2000 2001 2002 2003 _VA -US Source: Virginia DSS/Child Trends September 9, 2008 II I I il I I - 3 - CITY COUNCIL BRIEFING "FOR KEEPS" INITIATIVE ITEM # 57994 (Continued) Teen Foster Children at Greatest Risk for not Achieving Permanency Children B1lering After Age 12 Achieving Permanency 80 75 70 ! 65 ~ 60 'l; 55 ~ 50 l! ~ 45 40 35 30 72,9 . 72.8 . 72 . 72,2 . 35.6 . 44.3 . 3;----- 43.7 . 2000 2001 2002 2003 __VA -US Source: Virginia DSS/Child Trends Mrs. Holton referenced the Chart entitled "Older children Placed in Congregate Care". Virginia is substantially over utilizing Congregate Care (Group Homes and Residential Treatment facilities). This is one of the most expensive forms of "care". These facilities often cost $60,000 to $70,000 a year for essential treatment facilities. Foster Care families only receive approximately $440 a month. Change Driver: Increasing CSA Expenditures $342,2 million in FY07 ($219,7 state; $122,5 local) $47.2 million increase ($30.2 million state; $17 million local) CSA State Pool Expenditures 1994-2007. 400.00 350,00 300,00 250.00 20000 150.00 100,00 50.00 0.00 1994 1995 1996 1997 1996 1999 2000 2001 2002 2003 2004 2005 2006 2007 Program Year ~M.dlcald Introduced In January 2000 to help offset CSA Costs . In FY07, average local match was 36%; average state match was 64% September 9, 2008 II I I "I I - 4 - CITY COUNCIL BRIEFING "FOR KEEPS" INITIATIVE ITEM # 57994 (Continued) CSA Budget Total CSA Costs (2006) =$295 million* Therp. Foster Care 17% Congregate Care 45% Other 3% Special Ed Placements 22% Community- Based Services 9% Source: CSA Data 2006 * Does not indude Medicaid dollars KEY FINDINGS . In 2006, 45% of CSA expenditures were used to support congregate placements * * . In January 2007, 24% of Foster Care children were in Congregate Care (national average = 18%, better jurisdictions place less than 10%) . 52% of teen (12 and up) initial placements were in Congregate Care, a 24% increase from 2000 . In 2003, 44% of teens achieved permanence, a 28% gap from the national average of 72. % . After 7 years, 24% of young children entering Care in 2000 had not achieved permanence. These children potentially will "age in" to teens who have an even greater chance of not achieving permanence . The use of regular Foster Care for teens has decreasedfrom 41% in 2000 to 23% in 2006, while usage of formal kin placements has declined to almost nothing . Significant gap between current Foster Care payment rate and the rate recommended in a new study (i.e. current teen rate = $546; recommended teen rate = $760) ** CSA data cited comes from CSA Data Set or CSA Fiscal Data. Tools for Change: Budget and Legislative Initiatives . $20.4-MILLlON to increase payments to Foster Care and adoptive families . 15% increase in first year, 8% increase in second year . $790,000 to enhance child welfare worker training . $1.8 M to improve the recruitment and retention of Foster Parents . Changes in CSA State/Local match rates ($5.3 M savings) . Reduces the local match rate for community based services while increasing the local match rate on Congregate Care . $300,000 to collect CSA outcome data September 9, 2008 II I I, I I - 5 - CITY COUNCIL BRIEFING "FOR KEEPS" INITIATIVE ITEM # 57994 (Continued) Tools for Change: Budget and Legislative Initiatives . Changes in CSA State/Local match rates - Aligning financial incentives and service goals . Reduces the local match rate for community based services while increasing the local match rate on Congregate Care . Changes will be phased in over 2 years to allow localities to conduct training and establish community-based services . Included in Senate and House Budget reports with a "Hold Harmless" provision Tools for Change: Other Legislative Initiatives . SB 487 - Senator Hanger - requires the State Executive Council to oversee the development and implementation of mandatory uniform guidelines for the provision of intensive care coordination for children in or at-risk of placement in residential care . SB 479 - Senator Hanger - Training for all CSA staff on best practices related to the CSA program . SB 483 - Senator Hanger - CSA uniform data collection, performance measures and reporting Tools for Change: Administrative/Policy Initiatives . Ensuring the provision of "Care Coordination" for children in or at-risk for placement in Congregate Care settings . Policy clarification regarding the provision of "start-up" funding . Policy clarification of the flexible use of CSA funding to facilitate the development of community based care and support best practices Tools for Change: Council On Reform (CORE) The Council on Reform has been established to help lead this reform effort Phase I - Work with 13 localities to develop shared vision for children's services and best practices at state and local levels Phase II -Implement reform statewide The localities that help make up the CORE were asked to participate based on a criteria that considered the potential size of the impact and statewide geography Key Criteria: 1) Large enough populations to make a sizable impact on statewide outcomes: The localities invited to participate, because of their large overall populations, also had significant numbers of youth in out-of-home care 2) Were geographically diverse across the State: Localities invited represent each of the 5 Districts served by the Department Of Social Services- Central, Northern, Eastern, Piedmont and Western. Also, that localities were able to represent some diversity across urban and rural areas across the state September 9, 2008 II I I I 'II I I - 6 - CITY COUNCIL BRIEFING "FOR KEEPS" INITIATIVE ITEM # 57994 (Continued) Localities Participating (CORE): Central Piedmont Northern Eastern Western Richmond City Roanoke City Fairfax County City of Norfolk Washington Henrico County Roanoke County Prince William Newport News County Chesterfield Charlottesville County Virginia Beach County Dinwiddie Localities were NOT asked to participate based on their performance (either good or bad) OVERVIEW OF CORE PROCESS CRITICAL REFORM AREAS Adopt a state-wid. philosophy of car. Implement Practice Modell Training Program Increase Family-Based Placements Improve use of data as management tool CORESTEEmNGCOMMITTEE . Oversee the development of strategies for Critical Reform Areas . Oversee the implementation of those strategies in locality . Review and incorporate data into decision~making Work. groups . Improve recruitment processes/ capacityl . retention . Develop provlder~based solutions to Improve permanency Dellverables . Develop practice model for FAPT . Develop CSA Training . Identify indicators! outcomes . Improve use of data to manage . Learn from accelerated Richmond process . Broadly communicate transfonnation across Virginia Secretary of Health and Human Resources, Marilyn Tavenner, has charged the CORE to focus on the following Critical Reform Areas: . Adopt a state-wide philosophy that supports family-focused, child-centered, community- based care with a focus on permanence for all children . Establish a state-level practice model focused on family-centered care and permanence that is reinforced by a uniform training program for resource families as well as local staff in DSS and CSA (integrated with DMHRSAS practice model) . Create and implement a statewide strategy to increase availability and utilization of relative care and non-relative foster and adoptive placements to ensure that children can be placed in the most family-like setting that meets their needs . Create a robust performance monitoring/quality assurance system to identify and measure outcomes, monitor quality of practice, and improve accountability September 9, 2008 II I I, , I I - 7 - CITY COUNCIL BRIEFING "FOR KEEPS" INITIATIVE ITEM # 57994 (Continued) As initial measures of the success of the transformation, the Initiative will be focused on the following goals: . Decreasing the number of youth in Congregate Care . Increasing the number of youth who exit Foster Care to permanency . Decreasing the amount of time it takes those youth to exit the Foster Care system to permanency . Increasing the number of youth enteringfamily-based care . Increasing the number of youth entering kinship care placements . Decreasing the length of time youth spend in Congregate Care The Work of CORE towards Transformation is a Parallel State and Local Process CORE Data Highlights . Since October of 2007, CORE agencies have reduced congregate placements by 103 children, while statewide (exclusive of CORE) that number has risen by 69. . Stated as a percentage, in October 2007, 26% of CORE children were in congregate care with the statewide number (exclusive of CORE) at 21.9%. As of the end of July, 23.7% of children from CORE localities were in congregate care. Statewide this percentage is 23.3%. . Overall, the total congregate care population of CORE agencies has seen a perant change of - 12% while the statewide number (exclusive of CORE) has increased by 6.3%. . Fairfax County - October of 2007 had 113 youth in Congregate Care, July of 2008 had 88 (a 22% decrease). . Prince William - October of 2007 had 80 youth in Congregate Care, July of 2008 had 60 (a 25% decrease). . Richmond City - October of 2007 had 223 youth in Congregate Care, July of 2008 had 193 (a 13% decrease). September 9, 2008 II I I, I I I - 8 - TOGETHER WE CAN FOUNDATION ITEM # 57994 (Continued) The former Director of Human Services, Terry Jenkins, together with other citizens of Virginia Beach have formed a Foundation, known as "Together We Can". Dr. Jenkins introduced the Funding Officers and Executive Board Members, Funding Officers and Executive Board Members Donald V. Jellig Chairman Reverend Stanley W. Sawyer First Vice Chairman Candace B. Waller Second Vice Chairman William R. Brown, CPA Audit Committee Chairman (could not attend) Terry S. Jenkins, Ph.d President Joanne W. Griggs, CPA Treasurer Martha S. McClees Secretary Virginia J. Diezel Donna S. Morris Diane Roche, APR Peter W. Schmidt (could not attend) Cheryl Williams Virginia Department of Human Services Ex-Officio Dr. Jenkins extended appreciation to Attorneys R. J Nutter, and Mark Slaughter of Troutman and Saunders, providing legal services pro bono for the incorporation of the Foundation. "Together We Can" is also chartered as a non-profit organization in Virginia and they are currently persuing tax exempt status with Internal Revenue Service. Since 2000, Virginia has led the nation with the highest percentage of Foster Care youth who "age" out of the system without permanent family support. The "Together We Can" Foundation was created to address the needs of at-risk individuals. The initial projects will focus on Foster Youth. The Foundation will work with the community, businesses, clergy, civic leaders, human services agencies and other foundations to improve the lives and the futures of Foster Youth. September 9, 2008 II I I I - 9 - TOGETHER WE CAN FOUNDATION ITEM # 57994 (Continued) Dr. Jenkins cited the Foundation's Five-Year Goals: Increase the number of Foster Care children who complete higher education and/or vocational training opportunities by working with institutions of higher learning, vocational schools and scholarship programs Support the development of employment opportunities for young people aging out of Foster Care by creating partnerships with area businesses and advocatingfor changes in Medicaid regulations that are disincentive to employment Partner with area providers to develop independent living programs for youth aging out of Foster Care, including supervised living programs. The response from the community has been very positive. Relative attainingfunds at the State level to meet the initiatives, Deputy Commissioner Ray Ratke advised utilizingfunds available through the Comprehensive Services Act in a better way. Dr. Jenkins advised the Foundation wishes to focus on the children fourteen (14) years and older, One hundred fifteen (115) children fall within this age group. The total Foster Care population is approximately two hundred seventy (270) Mr. Jellig, Cheryl Williams and Dr. Jenkins met with Deborah M mCroce, President of Tidewater Community College, who was supportive of their efforts, On Thursday, September 11, 2008, the Foundation will be meeting with Dr. Bullock, Provost - TCC Virginia Beach Campus, on Thursday to determine how the services of this Campus can be utilized for the Foster children. The Foundation wishes to also create an Advisory Board composed of Foster Care youth. Mayor Oberndorf extended appreciation to First Lady Anne Holton, Ray Ratke, Dr. Terry Jenkins, the members of the Foundation, and Virginia J. Diezel, for her design of the Logo "Together We Can" inscribed on their pamphlet, Mrs. Holton complimented Virginia Beachfor their decrease in Foster Care children from 370 to 270 in less than a year. September 9, 2008 II I I, I I I - 10 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 9, 2008 Mayor Meyera E. Oberndorf called to order the City Council Comment Session, which RECONVENED into the City Council Conference Room" City Hall, on Tuesday, September 9,2008, at 3:00 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva" Rosemary Wilson and James L. Wood Council Members Absent: Robert M Dyer [Absent due to Mother's illness} September 9, 2008 -11- CITY COUNCIL COMMENTS 3:00 P.M. ITEM # 57995 Mayor Oberndorf requested Deputy City Manager Steve Herbert introduce the newest member of the City staff.• Deputy City Manager Steve Herbert introduced Retired Commander Sali Gear, Navy Reserve, joining the City as the Military Liaison. After a long search process, she emerged as the top candidate. Gear spent twenty-three (23) years in the service, sixteen (16) of them on active duty while serving in three (3) air squadrons as well as the Naval Special Warfare Command and the Joint Forces Command. She was carrier qualified in the A-4 Skyhawk. She owns a company that trains officials from federal agencies and the Navy to board moving ships. She also runs a farm in Virginia Beach for rescue racehorses. Her husband is a Navy SEAL. As recently as 2003, she was recalled to active duty, working in the Joint Forces Command. Sali is the mother of three (3) boys, who are part of the community. Virginia Beach, for the last fifteen (1 S) years, has been her home and she looks forward to working with the City. ITEM # 57996 Council Lady McClanan advised the City held a Hearing last week re the Buckner Farms Road Extension. She has heard from two (2) community representatives. David Hansen is working with these representatives re their concerns. Some of these concerns involve crime moving down Holland Road.. Council Lady McClanan believes these concerns will be discussed tonight, September 9, 2008, at Kellam High School during the First Precinct Advisory Commission meeting. This is not the same project discussed when the Buckner Boulevard Extension was ADOPTED on December 12, 2006. A number of elements have changed. ITEM # 57997 Councilman Uhrin referenced a section of the Traff c Code, making it illegal to have a' for sale "sign on your car if parked on a public street or highway. The intent of this ordinance is clearly to prevent the City from becoming a: "used car lot ". Councilman Uhrin distributed a DRAFT of an AMENDED Ordinance: Ordinance to AMEND §21-303 of the City Code, Motor Vehicle and Traffic Code pertaining to the parking of vehicles displaying for sale signs. The following section shall be AMENDED. Section 21-303. General parking prohibitions; penalties for violation. (b) No person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a Police Officer or traff c-control device, in any of the following places: (12) On any . c~ owned property for the purpose o selling or o,,,ffering the vehicle for sale or rent. Councilman Uhrin requested the City Council members review and advise. September 9, 2008 II I I I I - 12 - CITY COUNCIL COMMENTS ITEM # 57998 Mayor Oberndorf referenced the new Emergency facility (311) the City Council had the foresight to approve as well as finance and build. Mayor Oberndorf advised her husband, Roger, who volunteers at the State Level as Chairman of the State Aviation Board in preparation for any disaster statewide visited this facility. He has visited national and other state facilities and has never seen any other comparable to this state of the art center. This equates to a "gold star" for the staff and City Council for their foresight, The Emergency Center was formerly in the basement of the Police Department. The Center has a television screen. where one could see the 13,000 homes without electricity. There was constant contact with the providers of the City. ITEM # 57999 Council Lady Henley referenced the Historic Preservation Town Meeting to be held on Wednesday, September 24, 2008, 7:00 to 9:00 P.M, Kellam High School. The meeting will be organized so as to obtain effective public comment on the issue. The information received will be recorded, documented and evaluated for use by staff and the Commission in the development of recommendations for preservation policies and the City's role and assistance for preservation. Mayor Oberndorf advised Candidate Forums are scheduled almost every single night. Detailed questionnaires are being forwarded to the Candidates, She will check her schedule and advise Council Lady Henley Council Lady Wilson also referenced the Wine Tasting Fund Raiser at the historic Francis Land House sponsored by the Friends of the Francis Land House. Saturday, September 13, 2008. 5:00 P.M - 7:00 P.M Tickets are $30.00 each. Mayor Oberndorf advised the High Holy Days also occur and this is definitely our time to be with the family and Synagogue. Council Lady Henley advised the Comprehensive Plan Forums are also scheduled and scattered throughout the City from September 15, 2008, to October 27. 2008. ITEM # 58000 Mayor Oberndorf extended congratulations directly to Councilman Villanueva and his wife Cathy on the birth of the ir precious daughter, Kate Jolie Caragan Villanueva, 7 pounds 9 ounces. ITEM # 58001 Councilman Diezel complimented the City Manager and staff for responding to the concerns of Willis Harold, 4821 Dolton Drive concerning the "Cornerstone" development surrounding his property. (See Open Dialogue notes of September 2, 2008.) Mr. Harold has gone from living in a very quite residence with trees surrounding his presence to construction 3600 (three hundred sixty degrees) surrounding his residence. Councilman Diezel and staff will continue to monitor the problems. September 9, 2008 II I I I - 13 - CI T Y CO UN C ILL I A ISO N R E PO R T S ITEM # 58002 Councilman Villanueva, Technology Liaison, distributed his report, which is hereby made a part of the record. Public Works and the Emergency Operation Team were on call the entire weekend due to the eminent approach of Tropical Storm Hanna Two (2) topics were detailed: Public Utilities Supervisory Control and Data Acquisition (SCADA) System Replacement CIP 5-964- CIP 6-038- CIP 5-013- $ 204,000 $ 1,067,000 $ 974,000 InSITE - Human Resources/Payroll System CIP 3.280 $10,223,061 The purpose of the Public Utilities Supervisory Control and Data Acquisition (SCADA) System is to replace the City's outdated system operated by the Department of Public Utilities at the Dam Neck Operations Facility and Lake Gaston Pumping station. The SCADA system monitors and controls the water and sanitary sewer infrastructure for the entire City and monitors the raw water feed from the Lake Gaston pumping station, The system vendor (Edison Automation) and ComIT are making changes to the new system and setting up new features based on feedback and testing by Public Utilities. Support and reliability have been enhanced through Public Utilities' and ComIT's collaborative efforts The InSITE Human Resources/Payroll System's purpose is to consolidate multiple aging Human Resources and Payroll systems into one centralized, integrated system, streamlining business processes, improving reporting and data access capabilities and meeting the demands of the City's changing workforce. The Payroll System is still on-line for the January 1, 2009, launching. September 9, 2008 II I Ii II , I I - 14 - AGE N DA REV IE W S E S S ION 4:55 P.M. ITEM # 58003 The City Manager distributed: Ordinance CONFIRMING the Declaration of a Local Emergency Due to the Imminent Threat of Disaster posed by Tropical Storm Hanna. Virginia Code ~ 44-146.21. authorizes the local Director of Emergency Services to declare the existence of a local emergency. As Tropical Storm "Hanna" approached the City, the City Manager, as the Director of Emergency Management, issued a Declaration of Local Emergency in light of the imminent threat of danger that this tropical storm posed. Virginia Code ~ 44-146.21. requires the City Council confirm the Declaration of Local Emergency within fourteen (14) days of that declaration. The City Manager requested this Ordinance be ADDED to the Agenda, Mayor Oberndorf referenced a telephone call from a citizen concerned about a tree being brought down by the storm on Gum Bridge Road. Council Lady Henley advised the City Arborist contacted her approximately three (3) weeks prior concerning this tree close to Charity United Methodist Church. This tree could not be further pruned or cabled: and. therefore. was looked upon as a potential hazard. The tree was very old. The City was also very prompt in removing the debris of the other tree which went down on Indian River Road. ITEM # 58004 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. ORDINANCES 1, Ordinance to AMEND City Code: a. AMEND 937-7 re water tap and meter installationfees b, REPEAL 92-191 re check replacement procedures Councilman Wood shall vote a VERBAL NAY on J.la. (AMEND ~37-1) September 9. 2008 II I Ii I I - 15 - AGE N DA REV IE W S E S S ION ITEM # 58005 BY CONSENSUS. the following items shall compose the CONSENT AGENDA: K. PLANNING 1. Variance to :H4.1.B4 and 5B.8 of the Site Plan Ordinance, Floodplain Regulations, to allow a room addition and deckfor PATRICK and CATHERINE BOWLER at 2228 Elder Road. DISTRICT 5 - LYNNHA VEN 2. Applications for Conditional Use Permits: a. CENTERVILLE BINGO, INC., re a bingo hall at 1920 Centerville Turnpike. DISTRICT 1- CENTERVILLE b. RICHARD Y ANEK re a recreational facility of an outdoor nature (skateboard ramp) at 538 South Atlantic Avenue. DISTRICT 6 - BEACH c. VIRGINIA BEA CH INK re a tattoo studio at 612 Nevan Road. DISTRICT 5 - LYNNHA VEN 3. Applications of NEW CINGULAR WIRELESS PCS, LLC (t/a AT&T) at 631 North Witchduck Road: DISTRICT 4 - BAYSIDE a, Conditional Use Permit re a communication tower b. Modification of Condition No.1 of a Conditional Use Permit (approved by the City Council on September 26, 1995) for cemetery, mausoleums, columbarium, chapel, administrative offices, equipment maintenance and storage 4. Application of JIM LOOMIS c/o HP VENTURES, L.L.c. for a Modification of Condition No. 12 of a Conditional Use Permit (approved by City Council on January 13, 2004) re additional recreational uses in an area previously designated for parking at 700 South Birdneck Road. DISTRICT 6 - BEACH 5. Application of R. J. MCGINNIS for a Modification of Proffers Nos. 1 and 2 for a Change of Zoning (approved by City Council on December 2, 2003) re an office and retail building at 3176 Holland Road. DISTRICT 6 - BEACH 6. Ordinance to AMEND and REORDAIN the City Zoning Ordinance (CZO) 9111,901. 1001, 1511 and 1521; and, ADD 9223.1 defining automobile museums, establishing a conditional use in the B-IA, B-2, B-3, B-4, B-4C and B-4K Business Districts, the I-I Industrial District and the RT-2 and RT-3 Resort Tourist Districts. Item K.2.a, (CENTERVILLE BINGO, INC.) shall be DEFERRED, BY CONSENT. to September 23.2008. Item K.2.c. (VIRGINIA BEACH INK) shall be DEFERRED, BY CONSENT. to September 23. 2008. Councilman Wood shall ABSTAIN on Item K.4 (JIM LOOMIS) September 9, 2008 II I Ii "I I - 16 - ITEM # 58006 Mayor Meyera E. Oberndorf f entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of City Property: Princess Anne Athletic Center Western Branch Dredging Site Thalia Creek Fire and Rescue Station Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION at 3:30 P.M. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer (Break: 3:31 P.M. - 3:36 P.M.) (Closed Session: 3:36 P.M. - 5:52 P.M.) (Dinner: 5: 52 P.M. - 6: 1 0 P.M.) September 9, 2008 II I I, ,; I I - 17 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 9, 2008 6:15 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 9, 2008, at 6: 18 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, , Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Robert M Dyer [Absent due to Mother's illness) INVOCATION: Reverend Penny Cory Pastor, Salem United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource 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 matters, 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 Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure, Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. September 9, 2008 III I I - 18 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL (Continued) 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 January 27, 2004, is hereby made a part of the record. September 9, 2008 II I I, I I I I - 19 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 58007 Upon motion by Councilman Villanueva, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph. Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. OberndorJ, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer September 9, 2008 II I , I I RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #58006, Page 16, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law, NO~ THEREFORE, BE IT RESOL VED: 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. ~~ th Hodges Fraser, MMC City Clerk September 9, 2008 I I I II I I - 20 - Item V-F.] ITEM # 58008 Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of September 2,2008. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, William R. "Bill" DeSteph, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Ron A. Villanueva Council Members Absent: Robert M Dyer Councilman Villanueva ABSTAINED as he was not in attendance during the City Council Session of September 2, 2008. He was bringing his wife and beautiful new baby daughter (Kate Jolie Caragan) home from the hospital. September 9, 2008 I I I "I I - 21 - Item V-F.2. PRESENTATION ITEM # 58009 Mayor Oberndorf RECOGNIZED the following Boy Scouts in attendance to earn their merit badges for communications: Boy Scout Troop 504 Sponsored by Trinity Pools Michael Davis Assistant Leader Troop Leader Andrew Davis Zack Davis Mayor Oberndorfpresented each Scout with a City Seal pin. Mayor Oberndorf also RECOGNIZED and distributed City Seals to the students: Commonwealth Challenge Director Colonel Tom Early September 9, 2008 I I I III I - 22 - Item V-G.1 ADOPT AGENDA FOR FORMAL SESSION ITEM # 58010 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Ordinance CONFIRMING the Declaration of a Local Emergency Due to the Imminent Threat of Disaster posed by Tropical Storm "Hanna ". September 9, 2008 II I I , I I - 23 - Item V-G.2. ADD-ON ITEM # 58011 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADDED to the Consent Agenda, as Item J.2. under Ordinances: Ordinance CONFIRMING the Declaration of a Local Emergency Due to the Imminent Threat of Disaster posed by Tropical Storm "Hanna". Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer September 9. 2008 I I I - 24- Item V-H.I. ITEM # 58012 Mayor Oberndorf DECLARED PUBLIC COMMENT: Housing and Neighborhood Preservation There being no speakers, Mayor OberndorfCLOSED the Public Comment Session. I I September 9, 2008 I I I ,I I - 25 - Item V-J. ORDINANCES ITEM # 58013 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items la/b and 2 (ADD-ON) o/the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer Councilman Wood shall vote a VERBAL NAY on Item J. 1.a.(AMEND ~37-7 City Code) September 9, 2008 I I I I I - 26 - Item V-J.1.a. ORDINANCES ITEM # 58014 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AMEND City Code 837-7 re water tap and meter installation fees Voting: 9-1 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: James L. Wood Council Members Absent: Robert M Dyer September 9. 2008 I I I "I I 1 AN ORDINANCE TO AMEND SECTION 37-7 2 OF THE CITY CODE PERTAINING TO 3 WATER TAP AND METER INSTALLATION 4 FEES 5 6 SECTION AMENDED: City Code 9 37-7 7 8 BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 37-7 of the City Code is hereby amended and reordained to read as 12 follows: 13 14 Sec. 37-7. Water tap and meter installation fees. 15 16 The following fees shall be paid for connections to a city water line and for the 17 installation of water meters: 18 19 (a) Except as provided in City Code Section 37 7.1 37-7.01, actual cost to the 20 City of installation. 21 22 (b) "Actual cost" shall mean the average installation cost determined by the 23 Department of Public Utilities annually based upon contract unit bid prices and contract 24 administration cost. 25 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of September, 2008. I I I I I - 27- Item V-J.l.b. ORDINANCES ITEM # 58015 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to REPEAL City Code ~2-191 re check replacement procedures Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer September 9, 2008 I I I; I I 1 AN ORDINANCE TO REPEAL CITY CODE 2 92-191 PERTAINING TO THE PROCEDURES 3 FOR REPLACEMENT CHECKS 4 5 SECTION REPEALED: 92-191 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-191 of the City Code be, and hereby is, repealed: 11 Sec. 2 191. Issuance of duplicato checks. 12 13 Upon s3tisbctory proof boing presented to the director of finance or to the 14 tre3surer of the city th3t 3ny check drav.'n on the funds of the city by the director of 15 fin3nce 3nd the treasurer, or by 3 predecessor, h3s been lost or destroyod bofore 16 h3ving boon p3id, the director of fin3nce 3nd treasurer INho issued the original check 17 may issue 3 duplicate therofor. The director of fin3nce 3nd the treasurer may require a 18 bond to be executed, with such security as is approved by them, payable to the city, in 19 the penalty of the 3mount of the check and conditioned to save harmless the city from 20 any loss occasioned by the issuing of the duplicate check. No duplicate chock sh311 be 21 issued within thirty (30) days of the issuing of the original check 3nd every duplic3te 22 check shall show upon its bce that it is a duplic3te. 23 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of September, 2008. I I I , I I - 28 - Item V-J.2. ORDINANCES ITEM # 58016 ADD-ON Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance CONFIRMING the Declaration of a Local Emergency Due to the Imminent Threat of Disaster posed by Tropical Storm "Hanna ". Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndor! John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer September 9, 2008 I I I I I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Confirming the Declaration of a Local Emergency Due to the Imminent Threat of Disaster Posed by Tropical Storm Hanna MEETING DATE: September 9,2008 . Background: Virginia Code ~ 44-146.21 authorizes the local director of emergency services to declare the existence of a local emergency. As Tropical Storm Hanna approached the City, the City Manager, as the Director of Emergency Management, issued a declaration of local emergency in light of the imminent threat of danger that this tropical storm posed. The local declaration of emergency was issued at noon on September 5, 2008 and concluded at 3:00 p.m. on September 6, 2008. Governor Kaine also issued a State of Emergency on September 4, 2008. The Governor's declaration authorized state agencies to take all reasonable actions necessary to protect the health and safety of Virginians from the potentially damaging effects of Tropical Storm Hanna. The City Manager's declaration authorized City agencies to take similar steps to adequately and appropriately respond on the local level. . Considerations: Section 44-146.21 requires that the City Council confirm the declaration of local emergency within 14 days. . Public Information: This ordinance will be advertised in the same manner as other Council agenda items. . Attachments: Ordinance and Declaration of Local Emergency Recommended Action: Approval City Manag~ k- .<s~1Yi I I I I I 1 AN ORDINANCE CONFIRMING THE 2 DECLARATION OF A LOCAL EMERGENCY 3 DUE TO THE IMMINENT THREAT OF 4 DISASTER POSED BY TROPICAL STORM 5 HANNA 6 7 WHEREAS, Virginia Code S 44-146.21 authorizes the local director of 8 emergency management to declare the existence of a local emergency, subject to 9 confirmation by the governing body; 10 11 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 12 Services and Disaster Law of 2000 (Virginia Code S 44-146.13 et seq.), City Council, by 13 adoption of SS 2-411 through 2-413 of the City Code, created the Office of Emergency 14 Management and appointed the City Manager as the Director of Emergency 1 5 Management; 1'0 17 WHEREAS, in response to the imminent threat of disaster posed by Tropical 1 B Storm Hanna, Governor Kaine issued a State Declaration of Emergency on September 19 4,2008; and 20 2 " WHEREAS, in response to the imminent threat of disaster posed by Tropical 22 Storm Hanna, the City Manager, as the Director of Emergency Management, issued a 23 Declaration of Local Emergency at noon on September 5, 2008. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 2>3 OF VIRGINIA BEACH, VIRGINIA: 27 2 B That, pursuant to Virginia Code S 44-146.21, the City Council hereby confirms 29 the Declaration of Local Emergency issued by the City Manager on September 5, 2008, 30 a copy of which is attached hereto as Exhibit A and incorporated by reference. Adopted by the Council of the City of Virginia Beach on the 9th September ,2008. day of APPROVED AS TO CONTENT: ">'1- APPROVED AS TO LEGAL SUFFICIENCY: ~~~ Cl(ty " CA 10858 R-2 September 8, 2008 I I I City at Virgi:r1ia Beach. VBgov.com OFFICE OF THE CITY MANAGER (757)~42 FAX (757) 427.5626 MUNICIPAL CENTER BUILDING 1. ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9001 DECLARATION OF LOCAL E~IERGENCY I. the undersigned. as City Manager and Director of Emergency Management for the City of Virginia Beach. find the imminent threat of tropical storm force winds. causing coastal flooding and the very real possibility of tornadoes and power outages. and the loss or interruption of vital City services posed by Tropical Storm Hanna to be of sufficient severity and magnitude to walTant coordinated local government action to prevent or alleviate any potential damage. loss. hardship or suffering. Therefore. pursuant to Code of Virginia * 44-146.2 I. as amended. I hereby declare the existence of a Local Emergency in the City of Virginia Beach. [n accordance with this Declaration. the Office of Emergency Management and . all other appropriate City agencies are hereby vested with. and authorized to carry out. all powers. duties and functions prescribed by State a local law. rules. regulations and plans as may be necessary to adequately and appropriately respond to said Local Emergency, 'l1'>/00 (0 tef \ 7- ~ c 0 N 00 N (Time) I I I - 29 - V-K. PLANNING ITEM # 58017 1. PATRICK and CATHERINE BOWLER 2. APPLICA TIONS FOR CONDITIONAL USE PERMITS a. CENTER VILLE BINGO, INC. b. RICHARD YANEK c. VIRGINIA BEACH INK 3.a/b. NEW CINGULAR WIRELESS PCS, LLC (t/a AT& T 4. JIM LOOMIS c/o HP VENTURES, L.L.C. 5. R.J. MCGINNIS 6. CITY ZONING ORDINANCE ,I I VARIANCE BINGO HALL RECREATIONAL FACILITY TATTOO STUDIO CONDITIONAL USE PERMIT/TOWER MODIFICATION CONDITION 1 Conditional Use Permit (approved 9/26/1995) MODIFICATION OF CONDITION 12 Conditional Use Permit (approved 01/13/2004 MODIFICA TION OF PROFFERS 1 and 2 Change of Zoning (approved 12/02/2003) AMEND and REORDAIN the City Zoning Ordinance (CZO) 9111, 901. 1001,1511 and 1521; and, ADD 9223.1 defining automobile museums, establishing a conditional use in the B-1A, B-2, B-3. B-4. B-4C and B-4K Business Districts, the I-I Industrial District and the RT-2 and RT-3 Resort Tourist Districts September 9, 2008 I I I I I - 30 - Item V-K. ITEM 58018 PLANNING Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION, Items 1, 2a (DEFERRED), 2b, 2c (DEFERRED), 3,a/bl, 4, 5 and 6 of the PLANNING BY CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndor! John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer Councilman Wood DISCLOSED and ABSTAINED Pursuant to Section 2.2-3115(E), Code of Virginia re Item K.4., application of JIM LOOMIS c/o HP VENTURES, L.L.C Councilman Wood declared the applicant has employed JD&W, Inc. as the General Contractor for this project. Councilman Wood has an ownership interest in JD&W, Inc; located at 208 Ash Avenue, Suite lOll, Virginia Beach, Virginia 23452 Councilman Wood's correspondence of September 9,2008, is hereby made apart of the record. September 9, 2008 I I I , I I - 31 - Item V-K.1. ITEM 58019 PLANNING Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED a Variance to 994.1.B4 and 5B.8 of the Site Plan Ordinance, Floodplain Regulations. to allow a room addition and deckfor PATRICK and CATHERINE BOWLER at 2228 Elder Road. Application of PATRICK and CATHERINE BOWLER Variance to H4.1.B4 and 5B.8 of the Site Plan Ordinance, Floodplain Regulations, to allow a room addition and deck for PATRICK and CATHERINE BOWLER at 2228 Elder Road. (GPIN: 14991960160000). DISTRICT 5 -LYNNHAVEN The following conditions shall be required: 1, The proposed addition shall be constructed as depicted on the submitted site plan and shall be constructed at the elevation of the existing dwelling of 8.10 feet or higher. 2, The mitigation at a one-to-one square foot basis requirement shall be waived provided that the existing wooded area at the rear of the property remains as a treed area. Said wooded area shall be delineated on the final site plan and shall be labeled as "Area to remain in a natural state. void of any turf grass and mulched to mimic natural conditions. " 3. A site plan depicting the conditions above shall be submitted to the Current Planning Division of the Planning Department for review and approval prior to the issuance of a building permit. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer September 9. 2008 I I "I I - 32 - Item V-K.2.a. ITEM 58020 PLANNING Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED TO September 23,2008, Ordinance upon application of CENTERVILLE BINGO, INC., re a bingo hall at 1920 Centerville Turnpike: ORDINANCE UPON APPLICATION OF CENTERVILLE BINGO, INC. FOR A CONDITIONAL USE PERMIT FOR AN ASSEMBL Y USE (BINGO HALL) Ordinance upon application of CENTER VILLE BINGO, INC. for a Conditional Use Permit for an assembly use (bingo hall) on property located at 1920 Centerville Turnpike, Unit 114A (GPIN 1455914345). DISTRICT 1- CENTERVILLE Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer September 9, 2008 I I ,; I I - 33 - Item V-K.2.b. ITEM 58022 PLANNING Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of RICHARD YANEK for a Conditional Use Permit re a recreational facility of an outdoor nature (skateboard ramp) at 538 South Atlantic Avenue: ORDINANCE UPON APPLICATION OF RICHARD YANEK FOR A CONDITIONAL USE PERMIT (OUTDOOR RECREATIONAL FACILITY -SKATEBOARD RAMP R090835293 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RICHARD YANEKfor a Conditional Use Permit (outdoor recreational facility -skateboard ramp), 538 South Atlantic Avenue, (GPIN: 24273063450000.) BEACH DISTRICT The following conditions shall be required: 1. The skateboard ramp shall be located and constructed in substantial compliance with the submitted property survey and the submitted drawing entitled, "Ramp Section", 2, Use of the ramp shall be limited to the hours between 10:00 AM and dusk. 3. To reduce the level of sound emanating from the ramp when in use, the following shall be utilized in the construction of the ramp: (a) the underside of the plywood beneath the skating surface shall be insulated; (b) the sides and ends of the ramp shall be enclosed with wood; (c) roofing paper shall be installed between the plywood and the skating surface of the ramp. 4. A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot be used. 5, At least one adult shall be outside the house and present when the ramp is in use. 6, The applicant shall enforce the rules submitted with the application regarding use of the ramp. The Zoning Administrator shall annually evaluate whether the rules have been enforced and verify adherence to the conditions above. If the evaluation reveals that the rules and conditions are being met, the use permit shall be renewed for an additional year with an annual evaluation thereafter. If the evaluation reveals that the rules and conditions are not being met, the Zoning Administrator shall refer the use permit to City Council for revocation. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance, Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of September Two Thousand Eight September 9, 2008 I I I "I I - 34 - Item V-K.2.b. ITEM 58021 (Continued) PLANNING Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Dieze!, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin. Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer September 9, 2008 I I I 'i I I - 35 - Item V-K2.c ITEM 58022 PLANNING Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED to September 23, 2008, Ordinance upon application of VIRGINIA BEACH INK for a Conditional Use Permit re a tattoo studio. ORDINANCE UPON APPLICATION OF VIRGINIA BEACH INK, CONDITIONAL USE PERMIT (TATTOO STUDIO), 612 NEVAN ROAD, LYNNHA VEN DISTRICT Ordinance upon application of VIRGINIA BEACH INK, for a Conditional Use Permit (tattoo studio), 612 Nevan Road, (GPIN: 24078854840000). LYNNHA VEN DISTRICT. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer September 9, 2008 I I I I I I - 36 - Item V-K3a/b ITEM 58023 PLANNING Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinance upon applications of NEW CINGULAR WIRELESS PCS, LLC (tla AT&T) for a Conditional Use Permit re communication tower and MODIFIED CONDIITION No.1 re Conditional Use Permit (approved by City Council on September 26, 1995) for cemetery, mausoleums, columbarium, chapel, administrative offices, equipment maintenance and storage. ORDINANCE UPON APPLICATIONS OF NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T), MODIFICATION OF THE CONDITIONAL USE PERMIT (CEMETERY) AND CONDITIONAL USE PERMIT (COMMUNICATION TOWER R090835294 BE IT HERBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon applications of NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T), Modification of the Conditional Use Permit (cemetery) and Conditional Use Permit (communication tower), 631 North Witchduck Road (GPIN) :14781005960000) BAYSIDE DISTRICT Condition 1 does not include the use of a communication tower on the subject site and is requested for modification to allow the location of al20-foot high flagpole stealth communication tower and associated equipment. Conditional Use Permit re a communication tower; subject to: 1, Only those improvements identified on the submitted site plan entitled Rosewood Memorial Gardens, on file with the Planning Department, are approved with this request. Any future expansion or modification of the existing cemetery will require further review and approval by the Planning Commission and City Council. Modification of Condition No. 1 of a Conditional Use Permit (approved by the City Council on September 26, 1995) for cemetery, mausoleums, columbarium, chapel, administrative offices, equipment maintenance and storage, subject to: 1. Only those improvements identified on the submitted site plans entitled "Rosewood Memorial Gardens" and AT&T N. WitchducklAragona Blvd, NF351C, Virginia Beach, VA 23462 (Sheets T-l, T-2, SP-l,C-l, C-2, C-3, C-4, C-5, C-6, C-7, L-l & L-2 with a revision date 02/28/08), prepared by SAI Communications with consultants, ALLPRO Consulting Group, Inc., onfile with the Planning Department, are permitted. Any future expansion or modification of the existing cemetery will require further review and approval by the Planning Commission and City Council. 2, When developed and installed, the tower and antennas shall be in substantial conformance with the plans entitled, "AT&T N. WitchducklAragona Blvd, NF351C, Virginia Beach, VA 23462 ((Sheets T-l, T-2, SP-l,C-l, C-2, C-3, C-4, C-5, C-6, C-7, L-l & L-2 with a revision date 02/28/08), prepared by SA! Communications with consultants, ALLPRO Consulting Group, Inc. These plans have been exhibited to City Council and are onfile with the Planning Department. 3, The tower shall be limited to a total height of 120 feet. In no instance shall the antennas be installed higher than the existing 120-foot high tower. September 9, 2008 III I I I - 37 - Item V-K.3aJb. ITEM 58023 (Continued) PLANNING 4, The applicant shall install an 8-foot tall brick wall with privacy gate around the proposed telecommunication tower and ground equipment as depicted on the site plan. No barbed wire shall be permitted. Landscaping around the tower shall comply with the City ordinance requirements where applicable. 5. No signs indicating the location of this facility are allowed. 6. Unless a waiver is obtainedfrom the Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified Engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 7. In the event interference with any City emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 8, Should the antennas cease to be usedfor a period of more than one (1) year, the applicant shall remove the antennas, tower and related equipment from the property. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of September Two Thousand Eight Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer September 9, 2008 I I I, I I - 38 - Item V-K.4. ITEM 58024 PLANNING Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinance upon application of JIM LOOMIS c/o HP VENTURES, L.L.c. for a Modification of Condition No. 12 of a Conditional Use Permit (approved by City Council on January 13, 2004) re additional recreational uses in an area previously designated for parking at 700 South Birdneck Road ORDINANCE UPON APPLICATION OF JIM LOOMIS C/O HP VENTURES, L.L.c. MODIFICATION OF CONDITION NO. 12 RE A CONDITIONAL USE PERMIT (APPROVED BY CITY COUNCIL 1/13/2004), 700 SOUTH BIRDNECK ROAD BEACH DISTRICT R090835295 BE IT HERBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JIM LOOMIS c/o HP VENTURES, L.L.c. Modification of Condition No. 12 re a Conditional Use Permit (Approved by City Council 1/13/2004), 700 South Birdneck Road, (GPIN: 24166623280000) BEACH DISTRICT Condition 12 of the Conditional Use Permit requires that any significant change to the plan must come before City Council for consideration. The Conditional Use Permit for the facility has been modified seven times since its approval. Requested modifications have been due to the 'fluid' nature of the outdoor amusement business and the desire to provide additional recreational uses for users of the park. The following conditions are required: 1. All conditions and subsequent modifications attached to the Conditional Use Permit granted by the City Council on June 23, 1986, with the exception of Number 12, remain in affect. 2. Condition Number 12 of the June 23, 1986, Conditional Use Permit is modified with the following: Improvements to the Motor World portion of Ocean Breeze Waterpark are limited to the submitted plans entitled "Modification of Conditions for Motor World, 700 South Birdneck Road, Virginia Beach, Virginia ", dated 7/14/08 and prepared by Martin Engineering. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of September Two Thousand Eight September 9, 2008 I I I I I - 39 - Item V-K.4. ITEM 58024 (Continued) PLANNING Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A, Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: James L. Wood Council Members Absent: Robert M Dyer Councilman Wood DISCLOSED and ABSTAINED Pursuant to Section 2.2-3115(E), Code of Virginia re application of JIM LOOMIS c/o HP VENTURES, L.L.C. Councilman Wood declared the applicant has employed JD&W, Inc. as the General Contractor for this project. Councilman Wood has an ownership interest in JD& W, Inc, located at 208 Ash Avenue, Suite 1011, Virginia Beach, Virginia 23452 Councilman Wood's correspondence of September 9,2008, is hereby made a part of the record. September 9, 2008 I I I "I I City ~f Virgirlia Beach JAMES L. WOOD COUNCILMAN - DISTRICT 5 - L YNNHAVEN PHONE: FAX: (757) 340-8411 (757) 340-2082 In Reply Refer to 0037031 September 9,2008 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Dear Mrs. Fraser: Pursuant to the Virginia Conflict ofInterests Act, Section 2.2-3115(E), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Jim Loomis, c/o HP Ventures, L.L.C. for a Modification of Conditions imposed by a Conditional Use Permit granted by City Council in 1986 for a go-kart track at 700 South Birdneck Road. 2. The applicant employed JD&W, Inc. as the general contractor for this project. 3. I have an ownership interest in JD&W, Inc., which is located at 208 Ash Avenue, Suite 10 1, Virginia Beach, Va. 23452, and I have a personal interest in the corporation. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 3778 PRINCE ANDREW LANE, VIRGINIA BEACH, VA 23452 III I Mrs. Ruth Hodges Fraser -2- Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Thank you for your assistance in this matter. Sincerely, JL W /RRI "I I September 9,2008 I I I, " I I I - 40- Item V-K.5. ITEM 58025 PLANNING Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinance upon application of R. J. MCGINNIS for a Modification of Proffers Nos. 1 and 2 for a Change of Zoning (approved by City Council on December 2, 2003) re an office and retail building at 3176 Holland Road.: ORDINANCE UPON APPLICATiON OF R. J. MCGINNIS FOR A MODIFICATION OF PROFFERS NOS. 1 AND 2 FOR A CONDITiONAL CHANGE OF ZONING (APPROVED BY CITY COUNCIL ON DECEMBER 2, 2003) RE AN OFFICE AND RETAIL BUILDING AT 3176 HOLLAND ROAD. DISTRICT 6 - BEACH BE IT HERBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of R. J. MCGINNIS for a modification of Proffers nos. 1 and 2 for a Conditional Change of Zoning (approved by City Council on December 2, 2003) re an office and retail building at 3176 Holland Road. (GPIN: 14951657690000) DISTRICT 6 - BEACH The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 107 (fJ of the Zoning Ordinance, Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of September Two Thousand Eight Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer September 9, 2008 I I i "I I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7199 DATE. August27,2008 TO' FROM: Leslie L. Lille~ B. Kay Wilson DEPT City Attorney DEPT City Attorney RE. Conditional ZOning Application; Shipps-Hoiland Associates, L.L.C.lR.J. McGinnis The above-referenced conditional zoning application IS scheduled to be heard by the City Council on September 9, 2008. I have reviewed the subject proffer agreement, dated May 23, 2008 and have determined it to be legally sufficient and In proper legal form. A copy of the agreement IS attached. Please feel free to call me if you have any questions or wish to discuss thiS matter further BKW/ka Enclosure cc: Kathleen Hassen (w/ enclosure) I I I, I I FIRST AMENDMENT TO AGREEMENT REGARDING PROFFERED COVENANTS. RESTRICTIONS AND CONDITIONS THIS FIRST AMENDMENT TO AGREEMENT REGARDING PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS made this 23rd day of May, 2008, by and between SHIPPS-HOLLAND ASSOCIATES, L.L.C., a Virgmla limited liability company, "Grantor" and R. J McGINNIS (the "Applicant"), both Grantors for purposes of mdexmg and the CITY OF VIRGINIA BEACH, a Muruclpal corporatlOn of the Commonwealth of Virgmla, heremafter called "Grantee" RECITALS: R-1 The Grantor IS the record fee simple owner of the property located m the Prmcess Anne DistrIct, City of Virglma Beach and described m Exhibit A attached hereto (the "Property") and incorporated mto thiS Agreement R-2. The Applicant has Imtiated a modification to a conditlOna1 amendment to the zomng map of the City of Virgmla Beach, Virgmia, by petitlOn of the Applicant addressed to the Grantee, so as to modify conditlOns to the zomng classlficatlOn of the Property. Specifically, the Applicant has requested the Grantee permit thiS modification of the prevlOus1y proffers, covenants, restnctions and conditlOns as contamed in that certam Agreement dated October 1, 2003 and recorded IIi the Clerk's Office of the Circwt Court of the City of Virgmla Beach, Virgmia as Instrument #2004010700003184 (the "2003 Proffers") to reflect amendments applicable to the land use plan of the property. The proposed modification IS made pursuant to the terms of the zomng ordinance of the City of Virgima Beach, Virglma, adopted April 18, 1988, as amended and as m effect as of the date of this Agreement (the "Zomng Ordinance"). R-3 The Grantee's policy IS to provide only for the orderly development ofland, for commerCial purposes through zomng and other land development legislation. R-4 The Grantor and the Applicant acknowledge that competmg and sometimes mcompatible uses conflict and that m order to permit different uses on and m the area of the Property and at the same time to recognize the effect of the changes, and the need for VarIOUS types of uses, mcluding those listed above, certain reasonable conditlOns governmg the use of the Property for the protectlOn of the commumty that are not generally applicable to land Similarly zoned B-2 conditional are needed to cope With the situatlOn which the Applicant's rezomng applicatlOn gives rIse to. R-5 The Grantor and the Applicant have voluntarily offered, m writmg, m advance of and prIor to the public hearmg before the Grantee, as part of the proposed amendment to the zomng map With respect to the Property, m additlOn to the regulations prOVided for m the Prepared by Harry R. Purkey, Jr., P C. 1 303 34th Street, SUite 5 VirgmIa Beach, VA 23451 GPIN: 1495 1689000000 I I "I I existmg B-2 zomng distrIct by the Zonmg Ordinance, the followmg reasonable conditIOns related to the physIcal development, operation and use of the Property to be adopted as part of saId amendment to the zoning map relatIve and applicable to the Property, winch have a reasonable relatIOn to the rezonmg and the need for WhICh It IS generated by the rezomng. R-6. The conditIOns outlined m tins Agreement have been proffered by the Grantor and the Applicant and allowed and accepted by the Grantee as part of the amendment to the Zomng Ordinance and the zOnIng map. These conditions shall contmue m full force and effect until subsequent amendment changes the zoning of the Property; however, that such conditIOns shall contmue despIte a subsequent amendment If the subsequent amendment IS part of the comprehensIve ImplementatIOn of a new or substantially revIsed zomng ordinance of the Grantee, unless, notwithstanding the foregomg, the conditions are amended or varied by wntten mstrument recorded In the Clerk's Office of the Circuit Court of the City of VirgInIa Beach, V irgInIa and executed by the record owner of the Property at the tune of recordation of such Instruments; provIded further that saId instrument is consented to by the Grantee In wntIng as eVIdenced by a certIfied copy of the ordinance or resolutIOn adopted by the govermng body of the Grantee, after a public hearIng before the Grantee advertIsed pursuant to the provIsIons of the Code of VirgInIa, SectIOn 15.2-2204, WhICh saId ordinance or resolution shall be recorded along wIth saId mstrument as conclusIve eVIdence of such consent. WITNESSETH: NOW, THEREFORE, the Grantor and the Applicant, for themselves, theIr successors, personal representatIves, assIgns, grantees and other successors In title and Interest, voluntarily Without reqUIrement by or exactIOn from the Grantee or ItS govermng body and Without any element of compulsIOn or qUId pro quo for zomng, rezoning, site plan, building permit or subdiVIsion approval, hereby make the follOWing declaratIOn of conditions and restnctIons WhICh shall restnct and govern the physIcal development, operation and use of the Property and hereby covenant and agree that thIS declaratIOn shall constItute covenants runnIng WIth the Property, whIch shall be bmding upon the Property and upon all partIes and persons ClaImIng under or through the Grantors, theIr successors, personal representatives, assIgns, grantees and other successors In mterest or title. 1 The prelimmary sIte plan submItted by the Grantors and the Applicant to the Department of PlannIng With this Agreement and entItled "OfficelRetail Building Parcel B I-B4" dated May 1, 2008 (the "Plan") IS mcorporated herein by reference and forms a part of thIS Agreement and shall be substantially adhered to in the development of the Property 2. The only permItted use on the Property IS to be an office and retail building unless agreed to by City Council. 3 The covenants, restrIctIOns and conditIOns set forth herem replace and supersede the 2003 Proffers With the exception of Section 3 of the 2003 Proffers, WhICh remams m full force and effect. 2 I I I "I I I 4 Further conditIOns may be reqUired by the Grantee dunng detailed sIte plan and/or subdivlSlon reVIew and admInIstratIon of applicable City Codes by all cognIzant City agenCIes and departments to meet all applicable City Code requirements. The Grantor and the Applicant covenant and agree that: a. The Zoning AdmInistration of the City of VirgInIa Beach, VirgInIa, shall be vested WIth all necessary authonty on behalf of the governing body of the City of VirgInIa Beach, VirgInia, to admInIster and enforce the foregoIng conditIOns and restnctions, Including the authonty 0) to order In wntIng that any non-compliance WIth such conditions be remedied and (ii) to brIng legal actIOn or SUIt to Insure compliance with such conditions Including mandatory or prohibItory inJunction, abatement, damages or other appropriate actIon, SUIt or proceedings. b. Failure to meet all conditIOns and restnctions shall constitute cause to deny the Issuance of any of the requIred building or occupancy permIts as may be appropnate. c. If aggneved by any decIsIon of the ZOnIng AdmInIstrator made pursuant to the provlSlons of the City Code, the ZOnIng Ordinance, or thIS Agreement, the Grantor shall petItIon the governIng body of Grantee for the reVIew of such declSlon pnor to institutIng proceedings in court. d. The ZOnIng Map shall show by an appropnate symbol on the Map the eXIstence of conditIOns attachIng to the ZOnIng of the Property on the map and that the ordinance and the conditIOns may be readily available and accessible for public InSpectIOn In the office of the ZonIng AdmInIstrator and In the Planmng Department and that they shall be recorded In the Clerk's Office of the CirCUIt Court of the City of VirgInIa Beach, VirginIa, and Indexed In the name of the Grantor and Grantee. SIGNATURE LINES ON FOLLOWING PAGE 3 III ii I I I WITNESS the followmg sIgnatures and seals: Shipps-Holland AssocIates, L.L.C. By: McGinnis Realty and Development , Manager (SEAL) By' (SEAL) STATE OF VIRGINIA CITY/COUNTY OF VIRGINIA BEACH; to-wIt; I, I? erJ~A.M6(-;a. h..ra Notary Public m and for the City and State aforesaId, do hereby certIfy that R. J McGinnis, PresIdent of McGinnis Realty and Development Company, Manager of ShIpps-Holland AssocIates, L.L.C., has acknowledged the same before me m my City and State. GIVEN under my hand thisZ3d~ of (Yl MycommlsslOn expIres: p( ~O ) I 0 ID#' STATE OF VIRGINIA CITY/COUNTY OF VIRGINIA BEACH; to-WIt; ~v'ee A. {V\.\k'lu ~a Notary Public m and for the City and State aforesaId, do hereby certIfy that R. J. McGinnIS has acknowledged the same before me m my City and State. GIVEN under my hand thIsZ3>Jty of (Y)fu1 ,2008. ('~~/lf /} .r~~~,-(SEAL) ~c/' ./' Mc~mlsslOn expIres: C )t C'\ ID#' ,-ZAL . ;~.-:nLAN , ';~, ".:"'l .. , ' . ,; 'JI;1GiNIA Network/Development Agreements/ModificatlOn ofProtrers-McGinms & Shipps-Hoiland '-r. , .~, . I ~'''''I.. 4 I I "I I I EXHIBIT "A" BEGINNING at a point m the eastern sIde of Holland Road, whIch said pomt IS located at the mtersection of the eastern side of Holland Road and the boundary line between the property herem described and that certain parcel described as "Parcel A", as shown on that certam plat recorded m the Clerk's Office of the CircUit Court of the City of Virgmia Beach, VirgIma, in Deed Book 2633, at page 2039, whIch saId pomt also bemg at the northwestern comer of the property herem described and the southwestern comer of the aforesaId Parcel A, thence North 67 degrees 58'43" E 200 feet to a point~ thence south 20 degrees 57'56" E 153.26 feet to a pomt; thence south 75 degrees 02'23" W 210.94 feet to a pomt m the eastern sIde of Holland Road~ thence turmng nght and runnIng along the eastern sIde of Holland Road along a curve to the left, the radius of WhICh IS 473.20 feet, a distance of 90.27 feet to a pomt~ thence contmumg along the eastern sIde of Holland Road along a curve to the left, the radius of whIch being 2,348.83 feet, a distance of 27.94 feet to the pomt of beg Inn mg. THE ABOVE-DESCRIBED property constItutes a portion of that certam pIece or parcel of land With the buildings and Improvements thereon, situate, lymg and bemg m the City of Virglma Beach, Virgmia, bemg known, numbered and deSIgnated as Parcel B 1-B, as shown on that certam plat entitled "SubdivIsion of Property, Parcel B 1, SubdiviSion of Property of Margaret A. Drummond & James R. and Marguente Johnson, D.B. 2709, P 2214 (plat), VirgmIa Beach, VirgmIa", WhICh saId Plat IS duly recorded m the Clerk's Office of the Circuit Court of the City ofVirglma Beach, Virgmia, in Map Book 293, at pages 34 and 35. 5 III "I I - 41 - Item V-K.6. ITEM 58026 PLANNING Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AMEND and REORDAIN the City Zoning Ordinance by Amending Section 111, 901, 1001, 1511, and 1521 and ADD a New Section 223.1, Defining Automobile Museums, Establishing Automobile Museums as a Conditional Use in the B-1A, B-2, B-3, B-4, B-4C and B- 4K Business Districts, the I-I and 1-2 Industrial Districts and the RT-2 and RT-3 Resort Tourist Districts and setting forth requirements pertaining to the Use. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer September 9, 2008 III "I I 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO AMEND SECTIONS 111, 901, 1001, 1511 AND 1521 AND ADD A NEW SECTION 223.1, DEFINING AUTOMOBILE MUSEUMS, ESTABLISHING AUTOMOBILE MUSEUMS AS A CONDITIONAL USE IN THE B-1A, B-2, B-3, B-4, B-4C AND B-4K BUSINESS DISTRICTS, THE 1-1 AND 1-2 INDUSTRIAL DISTRICTS AND THE RT-2 AND RT-3 RESORT TOURIST DISTRICTS AND SETTING FORTH REQUIREMENTS PERTAINING TO THE USE Sections Amended: City Zoning Ordinance Sections 111, 901,1001,1511 and 1521 Section Added: City Zoning Ordinance Section 223.1 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 111, 901, 1001,1511 and 1521 of the City Zoning Ordinance are hereby amended and reordained, and a new Section 223.1, pertaining to automobile museums, is hereby added, to read as follows: Sec. 111. Definitions. 25 26 27 28 29 30 31 32 For the purpose of this ordinance, words used in the present tense shall include the future; words used in the singular number include the plural and the plural the singular; the use of any gender shall be applicable to all genders; the word "shall" is mandatory; the word "may" is permissive; the word "land" includes only the area described as being above mean sea level; and the word "person" includes an individual, a partnership, association, or corporation. In addition, the following terms shall be defined as herein indicated: 33 34 Automobile museum. A museum at which vintaqe or classic automobiles 35 manufactured prior to 1971. exotic or limited-production automobiles, or automobiles 36 havinq a special cultural or historical siqnificance and qenerallv reqarded as collector's 37 items are displaved as exhibits and may be made available for purchase bv members of 38 the qeneral public as an ancillary activity. 39 40 I I 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 III I , Sec. 223.1. Automobile museums. In addition to qeneral requirements. automobile museums shall be subiect to the followinq provisions: (a) No automobiles. except for vintaqe or classic automobiles manufactured prior to 1971. exotic or limited-production automobiles. or automobiles havinq a special cultural or historical siqnificance and qenerallv reqarded as collector's items shall be exhibited. displaved. offered for sale or stored on the property. (b) All automobiles that are exhibited. displaved or offered for sale shall be of exhibition Qualitv and appearance; (c) No automobiles shall be exhibited. displaved or stored except within a fullv-enclosed buildinq; provided. that a maximum of three (3) automobiles may be parked outside of a buildinq for UP to seventy-two (72) hours for purposes of preparinq such automobiles to be displaved as a museum exhibit or delivered to a purchaser. and provided further. that if allowed bv the conditional use permit. special shows of automobiles meetinq the requirements of subsections (a) and (b) may be held outdoors for periods of a maximum of five (5) days and no more freQuentlv than once every thirty (30) days. (d) No automobile shall be offered for sale unless it has been displaved as a museum exhibit or at a special show for at least three (3) days. (e) No repairs or other work on automobiles. except for refurbishinq and restorinq of automobiles meetinq the requirements of subsection (a). detailinq in preparation for exhibition. and final preparation and assemblv for delivery to a person purchasinq an automobile. shall be permitted. All such work shall be performed indoors. except as allowed in subsection (c). (f) The City Council may attach such other and further reasonable conditions of the conditional use permit as it may deem necessary to ensure that the sale of automobiles is conducted in such manner as to be ancillary to the use of the property as a museum. Sec. 901. Use regulations [Business Districts]. (a) Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4K Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. 2 I I 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 "I I I Use B-1 B-1 A B-2 B-3 B-3A B-4 B-4C B-4K Automobile museums x C C C x C C C Sec. 1001. Use regulations [Industrial Districts]. (a) Principal and conditional uses. The following chart lists those uses permitted within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the respective industrial districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use 1-1 1-2 Automobile museums C C Sec. 1511. Use Regulations [RT-2 Resort Tourist District]. (a) The following chart lists those uses permitted within the RT-2 Resort Tourist District as either principal uses, as indicated by a "P," or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). Buildings within the RT-2 District may include any principal or conditional uses in combination with any other principal or conditional uses. No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. Use RT-2 Automobile museums C 3 I I 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 "I I I Sec. 1521. Use Regulations [RT-3 Resort Tourist District]. (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, buildings within the RT -3 District may include any principal or conditional uses in combination with any other principal or conditional use. No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. Use RT-3 Automobile museums C Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of September, 2008. 4 I I Item V. L.1. APPOINTMENTS - 42 - ITEM #58027 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION REVIEW AND ALLOCATION COMMITTEE WORKFORCE HOUSING ADVISORY COMMITTEE "I I I September 9, 2008 I I "I I - 43 - Item V. O. ADJOURNMENT ITEM # 58028 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:28 P.M. aLM4--_tLA~A! Beverly 0 Hooks, CMC Chief Deputy City Clerk ~~~ Ruth Hodges Fraser, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia September 9, 2008 III I - 43 - Item V. O. ADJOURNMENT ITEM # 58028 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:28 P.M. ~___t!~_L(h4..J Beverly 0. Hooks, CMC Chief Deputy City Clerk ~~?~ uth Hodges Fraser, MMC City Clerk ~~[)j~ Meyera E. Oberndorf Mayor City of Virginia Beach Virginia September 9, 2008