FEBRUARY 24, 2009
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MA YOR WILLIAM D. SESSOMS .JR., At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
GI,ENN R. DAVIS, Rose Hall - District 3
WILLIAM R. DeSTEPH, At-Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. DYER" Centerville - District]
BARBARA M. HENLEY, Princess Anne - DlSlnct 7
JUHN E. UHRIN, Beach District 6
RUN A. VILLANUEVA, At-Large
RUSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -DlStnct 5
CITY COUNCIL AGENDA
24 February 2009
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
C111' ASSESSOR - JERALD BANAGAN
CITY AUDITOR - LYNDON S. REMIAS
CITY CLERK - RUTH HODGES FRASER, MMC
1.
CITY COUNCIL'S BRIEFINGS
- Conference Room -
A. VOLUNTEER RESOURCES - Annual Report
Mary Russo, Director
B. REAL ESTATE ASSESSMENT - Annual Report
Jerald Banagan, City Assessor
II. CITY MANAGER'S BRIEFINGS
A. 2010 HEALTH CARE PLANNING
Susie Walton, Deputy City Manager
Kenneth Jeffries, Principal - Mercer
B. INTERIM FINANCIAL STATEMENT
Patricia Phillips, Director - Finance
C. PLANNING ITEMS PENDING
Jack Whitney, Director - Planning
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
I'
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE-(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
1:00 PM
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V. INFORMAL SESSION
- Conference Room -
4:30 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V1. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B.
INVOCATION:
Reverend Kevin Milcarek
Pastor, Back Bay Christian Assembly of God
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 SESSION
2. SPECIAL FORMAL SESSION
February 3, 2009
February 17,2009
G. FORMAL SESSION AGENDA
H. PUBLIC HEARINGS
1. LEASE OF CITY PROPERTY - SPORTSPLEX
2181and 2257 Landstown Road
2. POLLING PLACE CHANGE - Magic Hollow Precinct
1. CONSENT AGENDA
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J. ORDINANCES/RESOLUTIONS
1. Ordinances to AMEND the City Code
a. 910-1 re location of Magic Hollow Voting Precinct
b. 92-348 re destruction of paid personal property tax records
c. Chapter 28 to ADD a new Article IV re regulations for the discharge of fats, oils, grease,
and other substances into the public sewer system
2. Resolution to EXECUTE a Memorandum of Agreement with Hampton Roads Sanitation
District (HRSD) re grease control devices
3. Resolution to APPOINT Mark D. Stiles as City Attorney, effective March 1, 2009
4. Ordinance to AUTHORIZE a Housing Choice Voucher Administrative Plan and submit
same to the Department of Housing and Urban Development (HUD) re Section 8
5. Resolution to REFER to the Planning Commission for consideration and recommendation an
amendment to the Chesapeake Bay Preservation Area Ordinance re inclusion of
swimming pool surface areas as impervious cover and to ESTABLISH uniform buffer
mitigation standards
6. Ordinance to APPROPRIATE $9,826 from the Francis Land House Trust Fund to the
Museum Department's budget re support of Adam Thoroughgood House
7. Ordinance to ACCEPT and APPROPRIATE an initiative grant of$416,754 from the
Department of Homeland Security to the Police re Bomb Unit equipment
8. Ordinance to TRANSFER $128,650 from various sources to Communications and
Information Technology (ComIT) re upgrades to the City's websites
K. PLANNING
1. Application of ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC.
(A.R.E.), for an Expansion ofa Nonconforming Use at 215 6ih Street - DISTRICT 5-
LYNNHAVEN
APPLICANT REQUESTS
DEFERRAL TO MARCH 10,2009
2. Variance to 94.4(b) ofthe Subdivision Ordinance that requires all newly created lots meet the
requirements ofthe City Zoning Ordinance (CZO) for CHARLES H. DAWSON re lot width
at 4300 Charity Neck Road - DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROV AL
, II
I I
3. Variance to S4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the
requirements of the City Zoning Ordinance (CZO) for BRUCE & KELLIE HENLEY re a
flag lot at Charity Neck and North Muddy Creek Roads - DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
4. Applications of JOHN RODGER BURNS at 3477 Muddy Creek Road - DISTRICT 7-
PRINCESS ANNE
a. Variance to S4.4(b) of the Subdivision Ordinance that requires all newly created lots meet
the requirements of the City Zoning Ordinance (CZO) re constructing a dwelling in the
floodplain
b. Floodvlain Variance re construction fill and mitigation
RECOMMENDATION
APPROVAL
5. Application of STEPHEN C. SWAIN for an Expansion of a Nonconforming Use re
additions to a two-story single family dwelling at 1107 Cedar Point Drive - DISTRICT 5 -
LYNNHAVEN
RECOMMENDATION
APPROV AL
6. Application of W AL-MART REAL ESTATE BUSINESS TRUST for a Modification of
Conditions Nos. 4, 6 and 10 to reduce parking spaces, enlarge and modernize the building,
and, to provide more green space, (approved by City Council on May 14,1990) at 657
Phoenix Drive - DISTRICT 3 - ROSE HALL
RECOMMENDATION
APPROV AL
7. Application ofRE-BIRTH INTERNATIONAL MINISTRIES for a Conditional Use
Permit re a church at 5249 Challedon Drive - DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
8. Application of CRESCENT COMMUNITY CENTER for a Conditional Use Permit re a
church at 1401 Lynnhaven Parkway, Unit 101 - DISTRICT 3 - ROSE HALL
RECOMMENDATION
APPROV AL
9. Application of CARLA L. GRAHAM for a Conditional Use Permit re a Cosmetology
School at 5760 Princess Anne Road - DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROV AL
10. Application of RICHMOND 20MHZ, L.L.c. d/b/a N TELOS for a Conditional Use
Permit re a communication tower at 345 North Great Neck Road - DISTRICT 6 - BEACH
RECOMMENDA nON
APPROV AL
I I
11. Application of ATTOM DONUTS, INC. for a Conditional Use Permit re a drive-through
window for an eating and drinking establishment at 501 Laskin Road - DISTRICT 6 -
BEACH
STAFF RECOMMENDA nON
PLANNING COMMISSION RECOMMENDATION
DENIAL
APPROVAL
12. Application of BURGER KING CORPORATION for a Conditional Use Permit re a drive-
through window for an eating and drinking establishment at 524 Laskin Road - DISTRICT 6
-BEACH
STAFF RECOMMENDATION
PLANNING COMMISSION RECOMMENDA nON
DENIAL
APPROVAL
13. Application ofMETROTEC ASSOCIATES, INC. and ARVIND GOWDA for a Change
of Zoning District Classification, from R-I0 Residential District to Conditional A-12
Apartment District on Shurney Lane - DISTRICT 4 - BA YSIDE
RECOMMENDATION
APPROVAL
14. Application ofPRINCESSBORO COMPANY, INC. for a Change of Zoning District
Classification from AG-l Agricultural District to Conditional 0-2 Office and Conditional
B-2 Community Business District re office and retail space at Princess Anne and
Sandbridge Roads - DISTRICT 7 - PRINCESS ANNE
DEFERRED BY CITY COUNCIL
RECOMMENDATION
JANUARY 27, 2009
APPROVAL
15. REQUEST TO WITHDRAW AN APPLICATION of WELDEN FIELD OF VIRGINIA,
L.L.c. for a Change of Zoning District Classification from 1-1 Light Industrial District, R-
5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential
District with a PD-H2 Overlay at Regent University Drive and Jake Sears Road - DISTRICT
1 - CENTERVILLE
RECOMMENDATION
ALLOW WITHDRA W AL
L. APPOINTMENTS
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
PLANNING COUNCIL
M. UNFINISHED BUSINESS
N. NEW BUSINESS
II
O. ADJOURNMENT
Effective January 1, 2009:
Virginia Beach City Council will hold
Informal and Formal Sessions
on the Second and Fourth Tuesdays of each month.
Workshops will be scheduled
for the First and Third Tuesdays of each month
per action taken November 18, 2008.
*******************
PROPOSED RESOURCE MANAGEMENT PLAN
FY 2010 BUDGET WORKSHOPS
March 24
City Manager's Presentation of Budget
and CIP to City Council
Council Chamber - 6 p.m.
April 7
April 14
April 21
April 16
April 28
MayS
May 12
Workshop
Workshop
Workshop
Public Hearing
Public Hearing
Reconciliation Workshop
Adoption
Council Conference Room
Council Conference Room
Council Conference Room
Green Run High School- 6 p.m.
Council Chamber - 6 p.m.
Council Conference Room
Council Chamber - 6 p.m.
********
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 2/24/09st
www.vbgov.com
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MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 24, 2009
Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL'S BRIEFING for the Annual
Report of VOLUNTEER RESOURCES in the City Council Conference Room, Tuesday, February 24,
2009, at 1:00 P.M
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr. and James L. Wood
Council Members Absent:
Robert M Dyer
[Entered: 2:58 P.M
Veterinarian - ill dog]
John E. Uhrin
[Entered: 1:07 P.M]
Ron A. Villanueva
[Entered: 1:24 P.Ml
Rosemary Wilson
[Entered: 1:22 P.Ml
February 24, 2009
- 2 -
CITY COUNCIL BRIEFING
VOL UNTEER RESOURCES - Annual Report
1:00 P.M.
ITEM # 58532
Mary C. Russo, Director - Volunteer Resources, advised she was proud to present the FY 2007-08
Annual Report. The Volunteer Program continues to prosper through the dedication of volunteer citizens
and city staff. There are three (3) departments that continue to be the leaders for other city agencies for
the region, state and nation. The most important gift our citizens have to give to their community is their
time. After further review, Emergency Medical Service hours were underreported and their dollar value
has changed to over $4-MILLION Thus, they are now Number I in the MILLION DOLLAR CLUB.
EXCELLENCE
MILLION DOLLAR CLUB
Fiscal Year 2007/2008
Emer enc Medical Service
Sheri s 0 Ice
Parks and Recreation
Hours
306,704
1,311,023
178,078
Value
$ 4,345,378
$ 3,767,955
1,935,866
Over Achievers
$100,000 and Over
Agriculture
Convention & Visitors Bureau
Department of Economic Development
Fire
Human Services
Juvenile Court Services Unit
Museums & Cultural Arts
Police
Public Libraries
There are nine (9) Over-Achievers providing over $100,000 to expand existing services, (two more
than last year).
Performance
Fiscal Year Number of Hours Worked FTE Dol/ar Value Avoided
Volunteers Equivalent Real Estate
Tax Rate
2007/2008 19,354 1,079,767 519 $ 13,153,024 <3t
The City now has a web-based database providing more accurate information. The volunteer office has
an administrator who trains our operators and who understands the importance of gathering information.
The newest statistics have added Volunteers. The Fiscal Year End report stipulated the Avoided Real
Estate Tax Rate which nearly reaches three cents (3~) on one hundred dollars. It is a great tribute to our
Volunteers who are helping in many areas of the City.
February 24, 2009
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CITY COUNCIL BRIEFING
VOLUNTEER RESOURCES - Annual Report
ITEM # 58532 (Continued)
Mrs. Russo displayed photographs of the Thirtieth Anniversary Celebration of Volunteerism in City
Government.
Thirty (30) years (1978-2008) of placing citizens in Virginia Beach City Government was celebrated on
September 24, 2008, held in the Volunteer Recognition Garden. The Garden is a tribute to the thousands
of Volunteers who have freely given of their time to their City Government, its leaders and fellow citizens.
Volunteers strengthen the work of city government and, most of all, its relationship with the community.
The following donors were recognized who have made the third and last phase of the garden possible:
Armada Hoffler who is building the Gazebo, Home Depot who is donating the pavers, the Sheriff's Office
who donated the proceeds from a golf outing, Princess Anne Garden Club and the Council of Garden
Clubs donated the plantings around the third phase of the Garden. Dr. Hiroyuki Hamada was recognized
as the guide for ten years of service to our Sister City, Miyazaki, Japan. As a gift of appreciation, Scott .
Minner, local artist and teacher in the Virginia Beach Public Schools painted and donated an original
painting representing two cities bridging the gap between cultures. We are very pleased that we have had
the opportunity to share our knowledge of volunteerism with such gracious people. This past Summer,
Dr. Hamada made it possible for the Mayor's Delegation to travel to Miyazaki by securing a grant from
the JECC (Japanese Educational Cultural Center) Foundation.
The Vision for the future of Volunteering is to continue to do more with less, encourage contributions of
both money, time and public relations. As an example, Libraries print shop raised $73,901. The
Volunteers are grateful to Media and Communications and Multi Media Services for collaborating in the
development of an Internet of public relations.
Mrs. Russo expressed appreciation to Susan Walston, Deputy Center Manager, and the City Manager's
representative of the Volunteer Resources, Deborah A. Wellington, Administrative Technician (trains and
acts as a "help desk" for the Volunteer Resource Managers) and Mary Freeman, Office Assistant, who
responds to all telephone calls Monday through Thursday.
Councilman Wood, Liaison to the Volunteer Resources, has been of valuable assistance and very
encouraging in their efforts. Councilman Wood believes there are more volunteer hours which have not
been reported. Next year, a "significant spike" should occur.
Councilman Wood read into the Record "Senate Joint Resolution No. 366", Commending Mary Russo.
The Patrons are Senators Wagner, Blevins, Miller, Northam and Stolle. The Clerk of the Senate shall
prepare a copy of this resolution for presentation to Mary Russo as an expression of the General
Assembly's appreciation of her outstanding volunteer service to the City of Virginia Beach and her fellow
citizens. Said Resolution is hereby made a part of record.
February 24, 2009
II
Bill Tracking - 2009 session> Legislation
Page 1 of 1
history I hilite I pdf
097606340
SENATE JOINT RESOLUTION NO. 366
Offered January 16, 2009
Commending Mary Russo.
Patrons-- Wagner, Blevins, Miller, Y.B., Northam and Stolle
WHEREAS, Mary Russo, the volunteer coordinator for the City of Virginia Beach Office of Volunteer Resources, is
recognized for her 30 years of exemplary volunteer service to her community and her fellow citizens; and
WHEREAS, an able administrator and visionary leader, Mary Russo has been the city council's tireless volunteer
coordinator since the late 1970s; and
WHEREAS, Mary Russo began as a volunteer with the Virginia Beach Volunteer Emergency Services along with a
few volunteers assigned to the Virginia Beach Library Department; and
WHEREAS, today, due to Mary Russo's excellent recruitment, the Virginia Beach Library Department is manned
by 500 volunteers who work at the City Library in several shifts; and
WHEREAS, over the years, Mary Russo has encouraged more than 30 departments to utilize the efforts of
enthusiastic and trained volunteers who work alongside city employees every day; and
WHEREAS, Mary Russo garners constant praise for her commitment to Virginia Beach and her fellow residents,
and she receives no monetary compensation at all; she can be found almost every day hard at work in the volunteer
office; and
WHEREAS, for the past five years, Mary Russo, providing extensive training as well as her considerable expertise,
has assisted the Virginia Beach volunteer program's sister city of Miyazaki, Japan, in establishing its own successful
volunteer program; and
WHEREAS, because of Mary Russo's many talents and innate ability to inspire others, the City of Virginia Beach
has utilized 12,487 volunteers who have contributed 780,560 hours valued at over $9 million, saving citizens two
cents on every dollar; and
WHEREAS, Mary Russo was honored at a gala celebration of the 30th anniversary of the City of Virginia Beach
Volunteer Resources held in the Volunteer Garden at the Virginia Beach City Hall on September 30,2008; now,
therefore, be it
RESOL VED by the Senate, the House of Delegates concurring, That the General Assembly commend Mary Russo
for her 30 years ofleadership as the volunteer coordinator for the City of Virginia Beach Volunteer Resources; and,
be it
RESOL VED FURTHER, That the Clerk of the Senate prepare a copy of this resolution for presentation to Mary
Russo as an expression of the General Assembly's appreciation of her outstanding volunteer service to the City of
Virginia Beach and her fellow citizens.
Legislative Information System
http://legl.state.va.us/cgi-bin/legp504.exe?091 +ful+SJ366
1/30/2009
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CITY COUNCIL BRIEFING
REAL ESTATE ASSESSMENT - Annual Report
1:13 P.M.
ITEM # 58533
On Friday, February 27,2009, the City Assessor's Office will mail Notices of Assessment for FY 2010.
All property owners will receive an assessment notice. In years past, only those owners of property with
increased assessments received notices. Approximately 75% of all properties will receive a decrease,
approximately 8% of all properties will remain uncharged, and approximately 17% will receive an
increase. The assessments were prepared utilizing sales data from 2008.
The Projected FY 2010 assessment of $55,451,817,756 represents a 2.3% decrease over the current
assessment. Change in land due to rezoning and subdivisions amounted to approximately $247,000,000.
Projected FY 2010 Real Estate Assessments
Assessments
$55,451,817,756
Tax Revenue *
$ 493,521,178
*Based upon FY 2009 tax rate of $0.89
Each $.01 of the tax rate will generate
$5,545,000
A verage Appreciation/Depreciation
Overall Median ChanJ!e Overall Mean ChanJ!e
-3.32% -3.46%
Residential -3.66% Residential -3.95%
Apartment 2.69% Apartment 3.28%
C ommerc iallIndustrial 2.05% C ommerc iall1ndustrial 5.21%
75% of Assessments were reduced
8% of Assessments remained the same
17% of Assessments were increased
110, 106 Properties
11,967 Properties
24,847 Properties
A verage Appreciation/Depreciation
Fiscal Year Avera1!e Chan1!e
2010 -3.46%
2009 2.56%
2008 18.54%
2007 19.61 %
2006 19.78%
February 24, 2009
II
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CITY COUNCIL BRIEFING
REAL ESTATE ASSESSMENT - Annual Report
ITEM # 58533 (Continued)
Average Residential Values
TJ!]Le Mean Assessment* Chan!!e in Mean
Sin~le Family $346,100 -$17,600 -4.8%
Townhouse $174,100 -$4,100 -2.3%
Low Rise Condominium $256,600 -$11,800 -4.4%
Hi~h Rise Condo/Co-op $385,700 -$12,700 -3.2%
Duplex/Home with Apartments $457,600 -$8,200 -1.8%
All Residences $312,000 -$15,200 -4.7%
*Rounded to nearest $100
Assessment Comparison by Classification
Classification 2010 Assessment 2009 Assessment
General Commercial 9.0% 8.3%
Hotel 1.9% 1.7%
Office 2.6% 15.0% 2.3% 13.7%
Industrial 1.5% 1.3%
Apartment 5.0% 4.6%
Residential 62.9% 64.7%
Townhouse 6.2% 85.0% 6.3% 86.3%
Condominium 10.5% 10.3 %
A!!riculture 0.4% 0.4%
February 24, 2009
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CITY COUNCIL BRIEFING
REAL ESTATE ASSESSMENT - Annual Report
ITEM # 58533 (Continued)
New Construction
(January 2008 thru December 2008)
Commercial
46 General Commercial $ 91,403,100
1 Hotel 8,990,200
21 Industrial 22,489,800
18 Office 57,585,160
124 Commercial/Industrial 40,319,100
Additions
TOTAL Commercial New Construction $ 220,787,369 33.8%
Residential
354 Sin1fle Family $134,212,660
11 Duplexes 2,645,680
22 Townhouses 3,614,500
674 Condominium Units 181,421,800
586 Apartments/Multi-Familv 67,738,100
1,834 Residential Additions 43,384,115
Total Residential New Construction $433,016,855 66.2%
Total New Construction $653.804.224 100%
February 24, 2009
- 7 -
CITY COUNCIL BRIEFING
REAL ESTATE ASSESSMENT - Annual Report
ITEM # 58533 (Continued)
The total number of new housing units built in 2008 was 1,658:
Homes:
Duplex Units
Apartment Units
1,050
22
586
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February 24, 2009
- 8 -
CITY COUNCIL BRIEFING
REAL ESTATE ASSESSMENT - Annual Report
ITEM # 58533 (Continued)
Councilman DeSteph inquired if TimeShares are counted as commercial or residential? Mr.
Banagan advised these TimeShares at the Oceanfront are counted as commercial. A number oj
condominiums were built in the 1980 's, which were built as investment property. A number of those,
over time, have been bought back by the developer and turned back into Timeshares. The units are
committed by a document.
Real Estate Tax Relief
Income and Net Worth Limitations
Current State Limitations
Income $ 67,000
Net Worth $ 350,000
Current Virginia Beach Limitations
Income:
. Deferral
. Freeze
. Exemption
. 100%
. 20%
$ 63,450
$ 63,450
$0 - $47,100
$48,000 - $63,450
Net Worth
$350,000 (All Programs)
Real Estate Tax Programfor Senior Citizens and Disabled Persons
Year Recivients Tax Deferred Tax Reduction
FY 2009 7,143 $30,596 $15,993,977
FY 2008 6,408 $35,304 $14,011,232
FY 2007 5,420 $79,342 $ 9,651,395
FY 2006 4,539 $72,806 $ 6,147,803
FY 2005 3,803 $36,849 $ 4,660,146
FY 2004 3,396 $21,710 $ 3,462,498
Mr. Banagan advised Councilman Davis the Average Appreciation/Depreciation and number 0)
assessments reduced remained the same or increased, just the residential properties could be
provided.
Mr. Banagan advised Council Lady Wilson re residency for exemption - Senior Citizens and Disabled
Persons, the individual must be a resident of the City when the tax year commences. The City
Manager advised the Lynnhaven Mall Tax Increment Financing (TIF) will be paid off in 2013. When
paid off, these monies will be placed in the General Fund (slightly over $2.5-MlLLION per year).
Februarv 24.2009
,II
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C IT Y MANA G E R 'S B R IE FIN G
2010 HEALTH CARE PLANNING
ITEM # 58534
1:27 P.M.
Susan Walston, Deputy City Manager, cited the purposes for the Briefing:
. Share work to-date
· Plan design options for 2010, including High Deductible Health Plan (HDHP) with a
Health Savings Account (HSA) as directed by Council
· Strategies on Premium Rates and Employer Contribution
. Solicit Council direction in order to:
· Finalize plan design
· Prepare recommendations on rates and contribution
Mrs. Walston introduced Kenneth Jeffries, Principal - Mercer, who will provide the specifics of the
Plan.; Linda Matkins - Director of the Consolidated Benefits Office, Associate City Attorney Marjorie
Smith - Executive Committee Member.
Kenneth Jeffries, Principal- Mercer, advised the specifics of the Plan:
Health Savings Account (HAS)
. Available since January 1, 2004; part of Medicare reform law
. A savings/spending account held in Trust, like an IRA, balance rolls over from year-to-year
. Portability of Funds:
· Belong to the individual, not the employer, move with the individual
· Can be transferred by individual to another HSA administrator
. Triple tax-favored, if conditions are met:
· Contributions are tax-free (subject to limits)
· Earnings are tax-free
· Distributions for qualified medical expenses are tax-free
. Flexibility of design:
· Employer may sponsor and/or contribute or do neither
· Individuals may contribute
· Total (employer and individual) contribution limits are $3,000 individual / $5, 950 family
(for 2009)
. Limitations:
· Individual cannot be:
Covered by other non-HDHP coverage
Covered by Medicare (but they can be eligible)
Eligible to be claimed as a dependent on another's tax return
Covered under another employer or spouse coverage or have funds contributed
to an Health Reimbursement Account (HRA) or Flexible Spending Account (FSA)
unless they are limited use
· Monthly administration fee
. Required Plan Coverage:
· To contribute, individual must be covered by a "high-deductible health plan" (HDHP)
February 24, 2009
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C IT Y MANA G E R 'S B R IE FIN G
2010 HEALTH CARE PLANNING
ITEM # 58534 (Continued)
High Deductible Health Plan with Health Savings Account
. Plan Criteria - High Deductible Health Plan (HDHP) must meet certain plan design criteria to
offer a Health Savings Account (HAS). Each year, the IRS publishes HDHP with HSA limits
based on cost-of-living adjustmentfactors; limits for 2009 are asfollows:
Maximum HSA contribution (Combined Employer
and Em 10 ee
High Deductible Health Plan (HDHP) minimum
annual deductible
HDHP maximum out-o - ocket limit
Sin Ie
$ 3,000
Famil
$ 5,950
$ 1,150
$ 2,300
$ 5,800
$11,600
Indexed annual amounts to be released by June annually
. Proposed HSA Employer Contribution - $500 annually (national average $501 annually)
. Rationale for Offering Health Savings Account:
. Triple Tax Advantages
. Portability
. Accumulation and growth of unused funds to meet enrollee future needs - Balance
rolls over from year to year
. Rationale for Offering High Deductible Health Plan with HSA:
. Increased awareness of the real cost of health care services
. Increased involvement in personal health care decisions including treatment options
. Over time, with increased enrollment, could reduce the total claims cost and GASB 45
liability
To date, research shows a low percentage of health care plan enrollees chose a HDHPIHSA when other
plans are offered. HDHPs are complex and require extensive education efforts
2009 Health Plan Offerings
. Current Plan Offerings (with January 2009 enrollment data)
City Schools
HMO 5,466 8,065
Premier PPO 23 62
Basic PPO 78 188
Point of Servie (POS) - Retiree only 382 575
February 24, 2009
I I,
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C IT Y MANA G E R 'S B R IE FIN G
2010 HEALTH CARE PLANNING
ITEM # 58534 (Continued)
2010 Health Plan Offerings
. Proposed Plan Design Offeringfor 2010 (Staff Recommendation)
· HMO Plan (current plan with no changes proposed) - Greatest Level of Coverage for
Employees at 100% Relative Value
· PPO Plan (reduced coverage from current PPO plan) - Moderate Level of Coverage at
90% Relative Value
· HDHP w/HSA (changes to Basic PPO plan to comply with IRS requirements) -
Lowest Level of Coverage at 80% Relative Value
· pos - Retiree Only (incorporate proposed changes to PPO plan as the out of area
coverage level) -110% Relative Value to HMO plan
The "Relative Value" is indicating a value of coverage between plans.
The HMO is shown as the benchmark at 100%; therefore, the PPO Plan is equal to 90% in terms of value
in coverage as a comparison to the HMO plan.
. Considered Alternate Plan Design Offeringfor 2010
· Offer two plan designs (in addition to retiree only plan) - eliminate PPO
HMO Plan (current plan with no changes proposed)
HDHP w/HSA (changes to Basic P PO plan to comply with IRS requirements;
however change co-insurance for in-network from 70% to 80% and out-of-
networkfrom 50% to 60% - changing relative value to .84%)
POS (Retiree Only) (incorporate proposed change to PPO plan as the out of
area coverage level)
· Offering two plans simplifies the benefit offerings for employees, but reduces choice
· Recommend in future year(s) after implementation and experience with HDHP
2010 Proposed Plan Design Changes
. HMO - No changes
. PPO (modifY current Premier PPO)
· Increase in-network deductiblefrom $0/$0 to $400/$800
· Adjust in-network out-of-pocket maxfrom $5K/$10K to $4K/$8K
· Eliminate co-pay and institute co-insurance
· Provide in-network preventive care at 100% before deductible
. HDHP (modifY current Basic PPO)
· Required increase in deductible to IRS minimum for in-network coverage from
$1,000/$2,000 to $1,150/$2,300
· Increase out-of-pocket max to IRS maximumfrom $5,000/$10,000 to $5,800/$11,600
· Cover preventive at 100% before deductible and remove annual maximum
· Pharmacy covered after deductible per IRS requirements, but may allow "preventive"
drugs to be covered at current copay/coinsurance amounts before deductible.
. POS
.
Out-of-Area Network coverage would be changed as indicated above for PPO
February 24, 2009
I II
- 12 -
C IT Y MANA G E R 'S B R IE FIN G
2010 HEALTH CARE PLANNING
ITEM # 58534 (Continued)
Mrs. Walston cited information concerning the Premium Rate Setting/Contribution Strategy:
. Projected 2009 Medical Cost Trend 7% (Trend experience in 20084%,2007 -2.5%)
. Establish annual rates and premiums based upon the relative value among tiers - Further
reduces implicit subsidy
· Experience indicates that, on the average:
- Employee + Child coverage is 1.45 times the cost of Employee Only coverage
Family coverage is 3.20 times the cost of Employee Only coverage
- Adjustments need to be made for new plan years.
. Establish annual rates and premiums based upon the relative value among plans - Further
reduces implicit subsidy
· HMO has highest coverage, 1 0% higher than the PPO, 20% higher than the HDHP.
· Value of the HSA employer contribution for the HDHP should also be considered
when establishing rates
. Contribution Strategy - Propose eliminating "set amount" and cover premiums at 90% for
employee and 50% for dependent(s)
Next Steps
. Direction on 2010 plan design and contribution strategy
. Employee communication/education regarding HDHP/HSA (beginning March 2009)
. Final plan design and rates provided to Council (June 2009)
. Open Enrollment (October/November 2009)
. Plan Effective (January 2010)
. Claims Audit - Complete July 2009
. GASB 45 Retiree Health Liability Valuation - Complete February, 2009, forward to City
Auditor for review of assumptions
. Dependent Audit - Issuance of dependent certification request to be completed by March 2009
(Schools) and June 2009 (City). Issuance of documentation request to be completed by May
2009 (Schools) and August 2009 (City). Dependent Audit will continue as an on-going effort
to ensure proper enrollment on plans.
. Request for Proposal (RFP) for Health Care - Self and Fully Insured Options - Complete for
effective date of January 1,2011.
Lyndon S. Remias, City Auditor, is directing the Claims Audit, contingency based audit which has been
awarded. The City does not pay the company, unless they actually recover amounts. Therefore, the
company will receive twenty-five percent (25%) of the actual recovery of claims due the City.
Staff will come forward in June with the final plan designs, including the High Deductible Health Plan
and Health Savings Account, as well as possibly bringing back different contribution strategy for City
Council's consideration
February 24, 2009
I II
- 13 -
C IT Y MANA G E R 'S B R IE FIN G
2010 HEALTH CARE PLANNING
ITEM # 58534 (Continued)
Staff will receive the first quarter results of Claims data from Sentara at the end of April or beginning of
May. This will be needed to adjust projections and perform all the studies. This will require work by
Mercer and meetings of the Benefits Executive Committee to review recommendations.
If the employee were to get a Health Savings Account (HSA), they could still have a Flexible Spending
Account (FSA), but it might be restricted to child care. The FSA does not roll over.
When staff returns with the contribution strategy, the difference in cost between the set amount and the
amount being paidfor the 90% employee and 50% dependent shall be presented.
February 24, 2009
I II
- 14 -
C IT Y MANA G E R 'S B R IE FIN G
INTERIM FINANCIAL STATEMENT
1:55 P.M.
ITEM # 58535
Patricia Phillips, Director - Finance, advised the complete Interim Financial Statements through
January were distributed to City Council in their package on Friday, February 20, 2009.
Overview
~ General Fund
FY 2009 Revenues
o FY 2009 Expenditures
Projections
~ Water and Sewer Fund
~ Next Steps
FY2009 Year To Date General Fund Revenues
Compared to Historic Trend
January 31, 2009
100% --- ----------------------
80%
Ul
CII
::I
C
~
:J. 60%
!
{!.
...
~ 40%
c
CII
l:!
CII
II.
20% - - - - - - - - - 1-0.30/0 - 14:-20/1- - - - - - --
'K.-- 13.7%
2.6% 5.1~ 10.7%
'K.~5.5%
0%
Jul Aug SOl' Oct Nov Dee Jan
Month
Fell Mar Apr May Jun
........... Historic Trend
-'K.- Percent of FYOg Budget
FY 2009 - General Fund Revenues
~ Total Revenues are $484.3-MILLION - 45.3%
~ Ahead on 3-yr average (45.2%); behind compared to 2008 (45.4%)
~ Many items are on a 2-month lag
~ Business license tax (BPOL) due in March
~ Personal Property tax due June 5
~ Interest rate environment
~ Economy
FY 2009 - General Fund Revenues
Budf!et Actual Variance % of Budget
FY 2007 $ 963.6 $ 970.2 $ 6.6 0.7%
FY 2008 $1,026.4 $1,018.4 $ (8. 0.) (0.8%)
(In MILLIONS)
February 24, 2009
~ $60.0
::Ii
...
'"
CIl
::l
; $40.0
>
CIl
0::
- 15 -
C IT Y MANA G E R 'S B R IE FIN G
INTERIM FINANCIAL STATEMENT
ITEM # 58535 (Continued)
Real Estate Revenues
Januarv 31.. 2005 - 2009
$600.0 ... --__ . . .--.. .... --........---.........----.......----.....----..----....-___....____....____..___m.....____.......____......._ 100.0'''
FAVORABLE TREND
Budget 90.0'''
$479.2
80.0%
70.0'''
60.0"1.
50.0%
40.0'''
30.0%
20.0%
10.0%
0.0'''
I II
100.0"10
'"
60.0% .2
U
.!!
"0
o
40.0% ~
I-
.....
o
~
20.0%
0.0"/.
The chart reflects the local portion onlv of Personal Property taxes. The Bills have not been prepared for
June 5, 2009 due date. Personal Property Taxes are expected to be under budget. These figures reflect
such items as people not buying new cars.
$500.0
$400.0
$300.0
$200.0
$100.0
$0.0
FY 2005
FY 2008
FY 2009
FY2006
FY 2007
Fiscal Year
c::::::I Annual CoUections
_YTD
-0-% of Tatal
Personal Property Taxes - Local
(excludes PPTRA)
$100.0
January 31,2005 - 2009
UNFAVORABLE TRENjj------
Budget
$78.3
$80.0 .............................. ................... ..................................................... 80.0%
$71.5
$20.0
$0.0
FY 2005
FY 2006
FY 2009
FY 2007
Fiscal Year
FY 2008
E:EEAMualColleetions _YTD -<>-%ofTotal I
February 24, 2009
I II
- 16 -
C IT Y MANA G E R 'S B R IE FIN G
INTERIM FINANCIAL STATEMENT
ITEM # 58535 (Continued)
PPTRA (Personal Property Tax Relief Act) is the State Portion of Virginia Beach's Property Tax. This is
very important in terms of balancing the Revenue Budget.
PPTRA - STATE
Budget for FY 2009 $53.4-MILLION
Proiected Schedule for FY 2009
1ST Payment, November 15, 2008 $ 6.5-MILLION
2nd Payment, July 31,2009 $42.5-MILLION
3Td Payment, AUJ[ust 15th, 2009 $ 4.4-MILLION
Risk
General Sales Taxes
January 31, 2005 - 2009
...........-...........-....-............-........-..................--..---........-............-....-.....-....-......-...........-....-... ........... 100.0%
UNFA VORABLE TREND
$100.0
$80.0
~ $60.0
i
..
J $40.0
.........................................................._-.................................................. 80.0%
60.0% g
I
~
40.0% !
'15
f.
20.0%
$0.0
0.0%
FY 2006
FY 2006
FY 2007
Fiscal Year
FY 2008
FY 2009
c:::::a Annual CoUectlons _ '('TO -0-0.401 Total I
Business Licenses (BPOL)
January 31,2005 - 2009
$60.0 ~~~.___...___...__.....__...__.....__..._w_...w....._~w.__w.....ww...__.....__...__'.'__.....w_w..___.....__..._w....._w...w_.....__...w_.....w_..____...__...___.,___"O___W",_w_", 50.0%
UNFA VORABLE TREND
$50.0 ...............................................................................................................
$40.0
$41.8
Budget
$43.2
4O.0~o
$30.0
30.0%~
o
ti
~
(;
o
l!i
20.0%~
o
~
10.0%
$0.0
0.0%
FY 2005
FY 2006 FY 2007
Fiscal Year
FY 2008
FY 2009
~ualcollectioll& _no -<:>-% of Total I
February 24, 2009
I II
- 17 -
C IT Y MANA G E R 'S B R IE FIN G
INTERIM FINANCIAL STATEMENT
ITEM # 58535 (Continued)
Business License Tax (another Annual Tax) is due in March. The Commissioner of Revenue predicts this
could be $1.8-MILLION under budget.
Hotel Room Taxes
January 31, 2005 - 2009
$30.0
100.0%
$26.0
Budget
...................................................................... ~~~:~................ .$2.4.1.........
$22.6
UNFAVORABLE TREND
$20,0
80.0%
73.1%
71.8%
60.0%
"
o
~ $16.0
:IE
..
..
..
:J
:i $10.0
>
lJ.
40.0%
20.0%
$0.0
0.0%
"~ "~ "= "~ "~
Fiscal Year
er:;;::JAnnualCollecttons _YTD -0--;0 of Total
There is some slight downward trend in Hotel Room Taxes, although very minor. $17.3-MILLION has
been collected at this point in time.
Restaurant Meal Taxes
Januarv 31. 2005 - 2009
$80.0 .. ....0. ....... ...0.. _0 .n.._..._...o_.......o.....o...............o_.........n.OO....oo.._o...o..n....o...._....o_.....__...o_... 100.0%
ON TREND
$70.0 ..............................................................................................................
90.0%
80.0%
$60.0
70.0%
$60.0
60.0%
$40.0
60.0%
411.0%
$30.0
30.0%
$20.0
20.0%
$10.0
10.0%
$0.0
0.0%
FY 2006
FY 2006 FY 2007
Fiscal Year
FY 2008
FY 2009
~AnnuaICOI..otions _YTO -0-% of Total I
February 24, 2009
100%
III
CII
...
::s 80%
....
:a
c
CII
c. 60%
><
w
J9
0
I- 40%
....
0
....
c
CII
u 20%
...
CII
Cl.
0%
I II
- 18 -
C IT Y MANA G E R 'S B R IE FIN G
INTERIM FINANCIAL STATEMENT
ITEM # 58535 (Continued)
Summary of General Fund Revenues
(In Millions)
January 31, 2009
Local Revenues
Real &tate TaJles $251.6 52.5% 51.7% F $6.0
Personal Property TaJles 78.3 14.8 19.0% 20.7% U (15.1)
Personal Property - PPfRA 53.4 6.5 12.2% 12.2% A
G:nernl SalesTaJles 56.0 27.1 48.4% 51.9% U (4.1)
Utility TaJles 49.0 21.8 44.5% 45.2% U (0.7)
Res taurant Meal Taxes 48.7 29.4 60.2% 60.5% U 0.2
Business licenses 43.2 2.5 5.8% 7.4% U (1.8)
Hotel Room Taxes 24.1 17.3 71.8% 74,1% U (0.7)
Cigarette Taxes 13.2 6.9 52.3% 56.8% U (OJ)
Interes t !ncmre 6.1 37 61.1% 68.5% U (0.2)
Autmmbile Licenses 9.0 4.3 47.9% 50.3% U
Public Service (RE and PP) 6.1 3.6 58.8% 52.7% F l.l
Rental Incmre 5.3 2.4 44.8% 31.5% F
AIruSeIrent Taxes 5.6 3.8 67.4% 64.3% F (0.4)
Other Local Revenues 66.0 217 35.9% 37.6% U 0.4
State Revenues 102.8 52.4 51.0% 35.4% F (1.8)
Federal Reveuues 23.5 12.4 52.8% 50.5% F
$1.069.6 $484.3 45.3% 45.4% U $(17.5)
FY 2009 Year to Date General Fund Expenditures
Compared to Historic Trend
January 31, 2009
100.0%
60.9%
)K
51.0% ~ 60.3%
43.6%~)K 51.5%
. - - - - - - - ~5.7D/:,:::+::-~~2.3%
23.1% / 35.3%
_ _ ~~.~D~~)K_23.6%
7.~~.
~-:::- 18.0%
11.5%
Jul
Feb
Aug
Sep
Oct
Nov
-- Historic Trend
Dee Jan
Month
-::1:- Percent of FY09 Budget
Mar
Apr
May
Jun
February 24, 2009
I II
- 19 -
C IT Y MANA G E R 'S B R IE FIN G
INTERIM FINANCIAL STATEMENT
ITEM # 58535 (Continued)
General Fund FY 2009 Expenditures
~ Total at January 31, 2009: $679.6-MILLION, or 60.3%
~ Historical Trend 60.9%
~ Departmental Targeted Savings: $7.5-MILLION or 1.25%
~ Projected Expenditures at June 30,2009 = $1,093 - $1,096-MILLION
~ Budgeted Expenditures = $1,126-MILLION
~ Historical Comparison - Budget to Actual
Relative Budgeted Expenditures ($1,126-MILLION), Mrs. Phillips advised Councilman DeSteph, this
amount includes debt service and denotes General Fund only.
SA VINGS
(In MILIONS)
Total % of Total % of City
Budf!,et City BudJlet Schools
2007 (Actual) $51.7 4.1% $25.9 3.8% $15.8
2008 (Actual) $60.3 5.6% $25.0 3.5% $35.3
Recap - General Fund
Projections for June 30, 2009
At February 24, 2009
(In MILLIONS)
Revenues $ 1,069 $ 1,051 - $ 1,054 <$15> -<$18>
Expenditures $ 1,126 $ 1,093 - $ 1,096 $ 30 - $33
Projected Fund Balance $118
% of FY 2010 Revenues 11%
Excess over 10% $ 15-MILLION
Water and Sewer Enterprise Fund
January 31, 2009
(In MILLIONS)
~ Lower water consumption than budgeted
~ Lower Connection fees revenues due to slowdown in construction
Budf!,et Actual %
Revenues $ 101.4 $ 51.4 50.7%
Expenditures $ 109.0 $ 55.0 50.5%
Costs also down- Water Services contract - only 12% variable costs
Year End expected to be within budget overall
February 24, 2009
I II
- 20-
C IT Y MANA G E R 'S B R IE FIN G
INTERIM FINANCIAL STATEMENT
ITEM # 58535 (Continued)
Water and Sewer Enterprise Fund
Water Consumption Fiscal Year 2009
45.0
40.1 40.4
40.1
;.,
~
Q 40.0
.
~
...
~
=
.s:
;;
'"
=
:S
~
35.0
33.53
-------------------------------------~.lI4---jO~ii9---Tf::J .
30.0
28.62
25.0
(A) (A) (A) (A) (A) (A) (A) (P)
(P)
(P)
(P)
(P)
Jul-08 Aug-OS Sep-OS Oct-OS Nov-OS Dec-OS Jan-09 Feb-09 Mar-09 Apr-09 May-09 Jun-09
-- Actual (A) MGD / Projected (P) MGD
-- Target MGD
Notes: Actual/Projected water consumption is 33.89 MGD vs. Budgeted 35.5 MGD
Target water consumption is based on Fiscal Year 2005 thru 2008
Next Steps
~ Continue to Monitor Revenues in FY 2009
Business Licenses - March
Personal Property - March/April
~ Report Again Next Month
February 24, 2009
I I
- 21 -
CITY MANA GER 'S BRIEFING
PLANNING ITEMS PENDING
2:10 P.M.
ITEM # 58536
Jack Whitney, Director - Planning, gave a brief synopsis of the Planning Items pending for City Council
on March 10, 2009 and March 24, 2009:
March 10, 2009
Olivia Daniels - Conditional Use Permit
Kempsville District
The applicant proposes a faith-based, nonprofit school and home daycare facility
(Destiny Academy of Learning), serving up to 12 children between the ages of 2 and 11
years. Building will be upgraded to meet Building and Fire codes for this use.
Applicant has extensive community support of the proposal.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (11-0)
Consent Agenda
No opposition
Councilman Diezel inquired re establishment of a space requirement to these structures. Mr. Whitney
advised the application must meet the State's requirement for space per child. Councilman Diezel
suggested some specific number that could parallel the State requirement and impose even greater
safety. Mr. Whitney advised this concept would be reviewed.
Koehler-Pfotenhauer - Conditional Use Permit
Princess Anne District
The applicant requests a Modification of Proffers to allow use of an existing vacant
building, previously used for a skating rink, as a skateboard park. The existing proffers
allow only the uses permitted in the 0-1 District and a skating rink; thus, the need for
the modification of the proffers.
AICUZ is less than 65.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (10-0)
No opposition
Consent Agenda
February 24, 2009
I II
- 22-
C IT Y MANA G E R 'S B R IE FIN G
PLANNING ITEMS PENDING
ITEM # 58536 (Continued)
Alexis Holdings - Conditional Use Permit
Rose Hall District
The applicant requests a Conditional Use Permit for an expansion of the automobile
sales and service facility currently located adjacent to the subject site. The existing
building will be upgraded to match the adjacent auto sales building and the site will be
upgraded.
AICUZ is 65-70.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (11-0)
No opposition
Consent Agenda
Pontiac Arms - Conditional Use Permit
Beach District
The applicant requests a Conditional Use Permit to allow development of the site for a
commercial parking lot. The operating hours for the lot will match that of the City's
lots. The site will be improved to meet the standards established for commercial
parking lots at the Resort Area.
AICUZ is less than 65.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (10-0)
No opposition
Consent Agenda
City (CZO amendment! setbackfrom ultimate R.O. w.)
An Ordinance to delete Section 201 (b) of the City Zoning Ordinance
pertaining to setbacks from the ultimate right-of-way as shown on the
Master Transportation Plan.
City (CZO amendment! signs for religious uses)
Ordinance to amend City Zoning Ordinance Sections 211 and 230
pertaining to signage for religious uses.
February 24, 2009
I I
- 23 -
C IT Y MANA G E R 'S B R IE FIN G
PLANNING ITEMS PENDING
ITEM # 58536 (Continued)
WOW II - Conditional Use Permit
Lynnhaven District
The applicant requests a Conditional Use Permit to allow for a public or private college
or university and beauty salon - spa. The existing building is 55,746 square feet. The
applicant desires to operate in 6,000 square feet of the building. The balance of the
building square footage will be used for office space.
AICUZ is 70-75
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (10-0-1)
No opposition
Consent Agenda
Thumel Associates, L.c. - Conditional Use Permit
Lynnhaven District
The applicant requests a Conditional Use Permit to allow motor vehicle sales and
service on the front portion of the property and bulk storage in a designated area on
the rear portion of the property. The existing building and the site will be extensively
upgraded.
AICUZ is greater than 75.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (11-0)
No opposition
Consent Agenda
March 24, 2009
Town Center Associates, L.L.C. - Street Closure
Lynnhaven District
The applicant requests a closure of a very small portion of the Market Street right-of-
way and subjacent air space in order to square off the corner and ultimately construct
a 15-story building consisting of a retail component and up to 208 units as a mix of
hotel and apartments.
AICUZ is less than 65.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (10-0-1)
No opposition
Consent Agenda
February 24, 2009
I I
- 24-
C IT Y MANA G E R 'S B R IE FIN G
PLANNING ITEMS PENDING
ITEM # 58536 (Continued)
Town Center Block 10- Conditional Use Permit
Lynnhaven District
The applicant requests a Conditional Use Permit to allow a public or private college or
university to occupy a portion of the building. Classes are primarily online. Parking
for the use will be met in the Block 7 and 10 parking garages. The required parking
study for the use has been submitted and approved.
AICUZ is less than 65.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (10-0-1)
No opposition
Consent Agenda
Daniel Blevins - Modification of a Conditional Rezoning
Centerville District
The applicant has three (3) requests:
Rezone an area acquired from the adjacent shopping center to allow construction of an
apartment building.
Rezone a strip of land conveyed to the shopping center to the same B-2 Zoning as the
shopping center.
ModifY the proffered plan for the apartments to allow covered garages and an increase
of twelve (12) dwelling units.
AICUZ in less than 65.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (11-0)
No opposition
Consent Agenda
February 24, 2009
I II
- 25 -
C IT Y MANA G E R 'S B R IE FIN G
PLANNING ITEMS PENDING
ITEM # 58536 (Continued)
Julie Coleman -Zen Hot Yoga - Conditional Use Permit
Princess Anne District
The applicant requests a Conditional Use Permit to allow a yoga studio within a retail
center. The applicant intends to have up to forty (40) participants. As this is considered
an "assembly use", a Use Permit is required.
AICUZ is less than 70 - 75 and APZ 2.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (II-O)
No opposition
Consent Agenda
Bruce and Elizabeth Hedlund - Subdivision Variance
Kempsville District
The applicant requests a Subdivision Variance to allow division of the existing 1.8-acre
site into two lots. Site can be subdivided by-right into five (5) lots on a cul-de-sac;
however; the applicant desires only the two (2) lots which will share a driveway.
AICUZ is less than 65.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (I 0-0)
No opposition - However, Mr. Whitney advised there will be opposition during
the City Council Session.
McRjers, LLC - Street Closure
Bayside District
The applicant requests to close a small portion of an unimproved right-of-way known
as Windsor Crescent to eliminate an existing encroachment of the home into the public
right-of-way. The portion being closed has no impact on the public's ability to access
the beach.
AICUZ is less than 65.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (I 0-0)
There was opposition
February 24, 2009
I I
- 26-
C IT Y MANA G E R 'S B R IE FIN G
PLANNING ITEMS PENDING
ITEM # 58536 (Continued)
Regent University - Conditional Use Permit
Centerville District
The applicant requests a Conditional Use Permit to allow development of the site for
two (2) student dormitory buildings and a dining hall. The proposed buildings will be
adjacent to the existing dormitories.
Dormitory 1, proposed on the western side of the site, will house 480 freshman and
sophomore students. These students will not be allowed to have vehicles on campus.
Dormitory 2, proposed on the eastern side of the site, will house 325 juniors, seniors
and graduates.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (11-0)
No opposition
Consent Agenda
Floridays, LLC- Conditional Rezoning
Lynnhaven District
The applicant proposes to rezone the existing R-7.5 property to Conditional A-24
Apartment District in order to construct a 16-unit, town home-style community on 1.54
acres at a density of 10.38 units to the acre. The proffered building elevation drawings
depict three-story units each with a single-car garage.
AICUZ is less than 65
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (11-0)
No opposition
Consent Agenda
Opposition is expected during the City Council Session
Robert H. Johnson - Subdivision Variance
Beach District
The applicant desires to subdivide the existing lot into two lots in order to redevelop the
site with a single-family dwelling on each of the newly created lots. A Subdivision
Variance is necessary since the proposed lots do not meet lot width requiredfor the
R-5D District (52.5 feet rather than 60 feet). A duplex could be built on the lot by-right;
therefore, there is no increase in density. AICUZ in greater than 75.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (11-0)
No opposition
Consent Agenda
February 24, 2009
I II
- 27-
CITY COUNCIL COMMENTS
2:30 P.M.
ITEM # 58537
Councilman Villanueva referenced increased development opportunities in Virginia Beach. Last week a
report was received from City Manager James K. Spore and Patricia Phillips, Director of Finance, re
small women and minority business expenditures have increased. One, of the items Mayor Sessoms
communicated at his small business event was the contractors' and vendors' desire to be qualified and
registered on a bidders list.
Mayor Sessoms referenced his Brealifast every six months and all are invited. His last Breakfast was
attended by approximately twenty (20) small businesses. The attendance and comments were impressive.
The Brealifast will be extended from an hour to an hour and 'half as some attendees did not get an
opportunity to comment. The proceedings were recorded by the Development Authority and these notes
will be shared with the City Council with direction provided to City Staff.
February 24, 2009
I I
- 28 -
AGE N DA REV IE W S E S S ION
2:32 P.M.
ITEM # 58538
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
J. ORDINANCES/RESOLUTIONS
1. Ordinances to AMEND the City Code
a. 910-1 re location of Magic Hollow Voting Precinct
b. 92-348 re destruction of paid personal property tax records
c. Chapter 28 to ADD a new Article IV re regulations for the discharge of fats, oils,
grease and other substances into the public sewer system
2. Resolution to EXECUTE a Memorandum of Agreement with Hampton Roads
Sanitation District (HRSD) re grease control devices
3. Resolution to APPOINT Mark D. Stiles as City Attorney, effective March 1, 2009
4. Ordinance to A UTHORIZE a Housing Choice Voucher Administrative Plan and
submit same to the Department of Housing and Urban Development (HUD) re
Section 8
5. Resolution to REFER to the Planning Commissionfor consideration and
recommendation an amendment to the Chesapeake Bay Preservation Area
Ordinance re inclusion of swimming pool surface areas as impervious cover and to
ESTABLISH uniform buffer mitigation standards
6. Ordinance to APPROPRIATE $9,826 from the Francis Land House Trust Fund to
the Museum Department's budget re support of Adam Thoroughgood House
7. Ordinance to ACCEPT and APPROPRIATE an initiative grant of$4I6, 754 from
the Department of Homeland Security to the Police re Bomb Unit equipment
8. Ordinance to TRANSFER $128, 650from various sources to Communications and
Information Technology (ComIT) re upgrades to the City's websites
February 24, 2009
I I'
- 29-
AGENDA RE VIE W SESSION
ITEM # 58539
12. Application of BURGER KING CORPORATIONfor a Conditional Use Permit re a
drive-through window for an eating and drinking establishment at 524 Laskin Road -
DISTRICT 6 - BEACH
This item shall be discussed during the Formal Session.
ITEM # 58540
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
K. PLANNING
1. Application of ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC.
(A.R.E.), for an Expansion of a Nonconforminz Use at 215 67th Street - DISTRICT 5
- LYNNHA VEN
2. Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created
lots meet the requirements of the City Zoning Ordinance (CZO) for CHARLES H.
DAWSON re lot width at 4300 Charity Neck Road - DISTRICT 7 - PRINCESS
ANNE
3. Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created lots
meet the requirements of the City Zoning Ordinance (CZO) for BRUCE and
KELLIE HENLEY re a flag lot at Charity Neck and North Muddy Creek Roads -
DISTRICT 7 - PRINCESS ANNE
4. Applications of JOHN RODGER BURNS at 3477 Muddy Creek Road - DISTRICT 7
- PRINCESS ANNE
a. Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created
lots meet the requirements of the City Zoning Ordinance (CZO) re constructing a
dwelling in the floodplain
b. Floodvlain Variance re construction fill and mitigation
5. Application of STEPHEN C. SWAIN for an Expansion of a Nonconforminz Use re
additions to a two-story single family dwelling at 1107 Cedar Point Drive -
DISTRICT 5 - LYNNHA VEN
6. Application ofWAL-MART REAL ESTATE BUSINESS TRUST for a Modification
of Conditions Nos. 4. 6 and 10 to reduce parking spaces, enlarge and modernize the
building, and, to provide more green space, (approved by City Council on May 14,
1990) at 657 Phoenix Drive - DISTRICT 3 - ROSE HALL
7. Application of RE-BIRTH INTERNA TIONAL MINISTRIES for a Conditional Use
Permit re a church at 5249 Challedon Drive - DISTRICT 2 - KEMPSVILLE
February 24, 2009
I I
- 30 -
AGE N DA REV IE W S E S S ION
ITEM # 58540 (Continued)
8. Application of CRESCENT COMMUNITY CENTER for a Conditional Use Permit
re a church at 1401 Lynnhaven Parkway, Unit 101 - DISTRICT 3 - ROSE HALL
9. Application of CARLA L. GRAHAM for a Conditional Use Permit re a Cosmetology
School at 5760 Princess Anne Road - DISTRICT 2 - KEMPSVILLE
10. Application of RICHMOND 20MHZ, L.L. C. d/b/a N TELOS for a Conditional Use
Permit re a communication tower at 345 North Great Neck Road - DISTRICT 6 -
BEACH
11. Application of A TTOM DONUTS, INC. for a Conditional Use Permit re a drive-
through window for an eating and drinking establishment at 501 Laskin Road-
DISTRICT 6 - BEACH
13, Application of METROTEC ASSOCIATES, INC. and ARVIND GOWDA for a
Change of Zoning District Classification. from R-IO Residential District to
Conditional A-12 Apartment District on Shurney Lane - DISTRICT 4 - BAYSIDE
14. Application of PRINCESSBORO COMPANY, INC. for a Chanze of Zoninz District
Classification from AG-I Agricultural District to Conditional 0-2 Office and
Conditional B-2 Community Business District re office and retail space at Princess
Anne and Sandbridge Roads - DISTRICT 7 - PRINCESS ANNE
15. REQUEST TO WITHDRAW AN APPLICATION of WELDEN FIELD OF
VIRGINIA, L.L. C. for a Change of Zoning District Classification from I-I Light
Industrial District, R-5D Residential Duplex District and 0-2 Office District to
Conditional R-7.5 Residential District with a PD-H2 Overlay at Regent University
Drive and Jake Sears Road - DISTRICT 1 - CENTERVILLE
Item K.l. (ASSOCIATION FOR RESEARCH AND ENGLIGHTHMENT, INC.) shall be
DEFERRED, BY CONSENT, until the City Council Session of March 102009.
Item K.ll. (ATTOM DONUTS, INC.) shall be WITHDRA WN, BY CONSENT.
Item K.15 (WELDENFIELD OF VIRGINIA, L.L.c. shall be WITHDRAWN, BY CONSENT
Mayor Sessoms shall ABSTAIN on item K.l. (ASSOCIATION FOR RESEARCH AND
ENGLIGHTMENT, INC.), as the Association is a customer of TowneBank. Mayor Sessoms is President
of TowneBank.
Council Lady Henley shall ABSTAIN on Item K.3. (BRUCE and KELLIE HENLEY), east side of
Charity Neck Road, approximately 1500 feet south of North Muddy Creek Road. Council Lady Henley
DISCLOSED and ABSTAINED Pursuant to Section 2.2-3115(E), Code of Virginia; and, DECLARED
she has an ownership interest in that property. Council Lady Henley's correspondence of February 24,
2009, is hereby made a part of the record.
February 24, 2009
I II
- 31 -
AGE N DA REV IE W S E S S ION
ITEM # 58540 (Continued)
Council Lady Henley DISCLOSED on Item K4. (JOHN RODGER BURNS), 3477 Muddy Creek Road.
Council Lady Henley DISCLOSED Pursuant to Section 2.2-3115(E), Code of Virginia; and
DECLARED she has an ownership interest in a parcel of adjacent property. The City Attorney has
advised she is able to participate in this transaction fairly, objectively, and in the public interest. Council
Lady Henley's correspondence of February 24, 2009, is hereby made a part of the record.
Council Lady Henley DISCLOSED on Item K11 (ATTOM DONUTS, INC.), 501 Laskin Road. Council
Lady Henley DISCLOSED Pursuant to Section 2.2-3115(G), Code of Virginia, and DECLARED the
property is owned by Murden Real Estate Trust, which is administered by Brian Ward Murden. Mr.
Murden is Council Lady's second cousin. The City Attorney has advised she is able to participate without
restriction. Council Lady Henley's correspondence of February 24, 2009, is hereby made a part of the
record.
Councilman Wood shall ABSTAIN on the application of Item Kll (ATTOM DONUTS, INC.),
(Dunkin Donuts). This is the same issue as the BURGER KING application (drive thrufood service) and
only a block away from that property. In the abundance of caution, Councilman Wood shall ABSTAIN,
even though advised by the City Attorney he could vote
Mayor Sessoms shall ABSTAIN on item K13 (METROTEC ASSOCIATES, INC. and ARVIND
GOWDA) as the applicant receives financial services from TowneBank of which he serves as the
President
Councilman Dyer shall ABSTAIN on Item K15 (WELDENFIELD OF VIRGINIA, L.L.C.) as he is
employed by Regent University.
February 24, 2009
I I
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ITEM # 58541
Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.2-3711 (A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration of, or interviews
of prospective candidates 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: ARP Property - Princess Anne
Brenneman Farm
Kempsville District
Centerville District
Sportsplex
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members, consultants, pertaining to actual or probable litigation,
where such consultation or briefing in an open meeting would adversely
affect the negotiating or litigating posture of the public body, or
consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice
by such counsel pursuant to Section 2.2-3711 (A) (7).
Southeastern Public Service Authority (SPSA)
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council voted to proceed
into CLOSED SESSION at 2:42 P.M.
February 24, 2009
I I
- 33 -
TEM # 58541 (Continued)
Voting: 9-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M
Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Robert M Dyer and John E. Uhrin
(Closed Session: 2:42 P.M. - 5:05 P.M.)
(Break: 3:45 P.M. - 3:50 P.M.)
(Group Photo: 4:30 P.M. - 4:40 P.M.)
(Dinner: 5:10 P.M. - 5:50 P.M.)
February 24, 2009
I II
- 34 -
VIRGINIA BEACH CITY COUNCIL
February 24, 2009
6:00 P.M.
Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 24, 2009, at 6:00 P.M
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor
William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
INVOCA TION: Reverend Kevin Milcarek
Pastor, Back Bay Christian Assembly of God
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.
February 24,2009
I II
- 35 -
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.
February 24, 2009
I II
- 36 -
Item V-E.
CERTIFICATION
ITEM # 58542
Upon motion by Councilman Dyer, 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: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 2009
I II
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 #58541, Page 32, 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.
NOff, 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
February 24, 2009
I II
- 37 -
Item V-F.1
ITEM # 58543
Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of February 3, 2009, and SPECIAL
SESSION of February 17, 2009.
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 2009
Item V-G.1.
ADOPT AGENDA
FOR FORMAL SESSION
BY CONSENSUS, City Council ADOPTED:
I I
- 38 -
ITEM # 58544
AGENDA FOR THE FORMAL SESSION
February 24, 2009
- 39 -
Item V-H.1.
PUBLIC HEARING
ITEM # 58545
Mayor Sessoms DECLARED A PUBLIC HEARING:
LEASE OF CITY PROPERTY - SPORTSPLEX
2181and 2257 Landstown Road
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING
I I'
February 24, 2009
- 40-
Item V-H.2.
PUBLIC HEARING
ITEM # 58546
Mayor Sessoms DECLARED A PUBLIC HEARING:
POLLING PLACE CHANGE - Magic Hollow Precinct
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING
I I
February 24, 2009
I I
- 41 -
Item V-H.3.
MAYOR'S RECOGNITION
ITEM 58547
Mayor Sessoms RECOGNIZED the following Boy Scouts in attendance to earn their merit badges for
Citizenship in the Community:
Boy Scout Troop 504
Newcastle Elementary Schools
Ryan Michaels
Assistant Scout Master
Shawn Michaels
Boy Scout Troop 441
Church of Latter Day Saints
Joel Rodriguez
Mayor Sessoms presented each Scout with a City Seal pin.
February 24, 2009
I I
- 42-
Item V-J.
ORDINANCES/RESOLUTIONS
ITEM # 58548
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in
ONE MOTION Items laible, 2, 3,4,5,6, 7 and 8 of the CONSENT AGENDA.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 2009
I I'
- 43 -
Item V-J.la/b/c
ORDINANCES/RESOLUTIONS
ITEM # 58549
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances to AMEND the City Code
a. 910-1 re location of Magic Hollow Voting Precinct
b. 92-348 re destruction of paid personal property tax records
c. Chapter 28 to ADD a new Article IV re regulations for the discharge of fats, oils,
grease and other substances into the public sewer system
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 2009
I I'
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
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45
46
AN ORDINANCE TO AMEND AND REORDAIN SECTION 10-
1 OF THE CITY CODE BY MOVING MAGIC HOLLOW
PRECINCT POLLING PLACE
SECTION AMENDED: 9 10-1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 10-1 of the City Code is hereby amended and reordained, to read as
follows:
Sec. 10-1. Establishment of precincts and polling places.
There are hereby established in the city the following precincts and their respective
polling places, as set forth below:
Precinct
Polling Place
Alanton Elementary School
Kemps Landing Magnet School
Arrowhead Elementary School
Avalon Church of Christ
Ebenezer Baptist Church
Bayside Elementary School
Salem Middle School
Blackwater Fire Station
Virginia Beach Free Will Baptist Church
Brandon Middle School
Bow Creek Recreation Center
Green Run Baptist Church
Research and Enlightenment Building (Edgar
Cayce Library)
Back Bay Christian Assembly
Centerville Elementary School
Bayside Baptist Church
College Park Elementary School
Colonial Baptist Church
lynnhaven Colony Congregational Church
Corporate Landing Middle School
Courthouse Fire Station
Creeds Fire Station
Salem United Methodist Church
Ocean Lakes High School
Green Run High School
Bettie F. Williams Elementary School
1
Alanton
Aragona
Arrowhead
Avalon
Baker
Bayside
Bellamy
Blackwater
Bonney
Brandon
Brookwood
Buckner
Cape Henry
Capps Shop
Centerville
Chesapeake Beach
College Park
Colonial
Colony
Corporate landing
Courthouse
Creeds
Cromwell
Culver
Dahlia
Davis Corner
I I
Malibu
Manor
Mt. Trashmore
Newtown
North Beach
North Landing
Ocean Lakes
Ocean Park
Oceana
Old Donation
Pembroke
Pinewood
Plaza
Pleasant Hall
Point O'View
Red Wing
Reon
Rock La ke
Eastern Shore Chapel
St. Aidan's Episcopal Church
Kempsville Recreation Center
Kempsville Presbyterian Church
Princess Anne Middle School
Glenwood Elementary School
All Saints Episcopal Church
Green Run Elementary School
Haygood United Methodist Church
Victory Baptist Church
Holland Elementary School
Providence Presbyterian Church
Princess Anne Recreation Center
Indian Lakes Elementary School
St. Nicholas Catholic Church
King's Grant Presbyterian Church
New Convenant Presbyterian Church
Morning Star Baptist Church
Bayside Church of Christ
Landstown Community Church
St. Andrews United Methodist Church
Kempsville Church of God
Virginia Beach Community Chapel
Lynnhaven United Methodist Church
London Bridge Baptist Church
Grace Bible Church
Rom3 Lodgo No. 25~
Virqinia Beach Moose Family Center
Malibu Elementary School
Providence Elementary School
Windsor Woods Elementary School
Good Samaritan Episcopal Church
Galilee Episcopal Church
Hope Haven
Ocean Lakes Elementary School
Bayside Community Recreation Center
Scott Memorial United Methodist Church
Old Donation Center for Gifted
Pembroke Elementary School
Lynnhaven Presbyterian Church
Lynnhaven Elementary School
Kempsville Baptist Church Pleasant Hall Annex
Kempsville Church of Christ
Fraternal Order of Police, Lodge #8
Woodstock Elementary School
Salem Elementary School
2
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
Eastern Shore
Edinburgh
Edwin
Fairfield
Foxfire
Glenwood
Great Neck
Green Run
Haygood
Hillcrest Precinct
Holland
Homestead
Hunt
Indian Lakes
Kings Grant
Kingston
Lake Christopher
Lake Joyce
Lake Smith
Landstown
Larkspur
Lexington
Linkhorn
Little Neck
London Bridge
Lynnhaven
Magic Hollow
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
Rosemont Forest
Roundhill
Rudee
Seatack
Shannon
Shelburne
Shell
Shelton Park
Sherry Park
Sigma
South Beach
Stratford Chase
Strawbridge
Tallwood
Thalia
Thoroughgood
Timberlake
Trantwood
Upton
Village
Windsor Oaks
Witchduck
Wolfsnare
Central Absentee
Voter Precinct
I II
Rosemont Forest Elementary School
Salem High School
Virginia Beach Volunteer Rescue Squad Building
Mount Olive Baptist Church
Church of the Ascension
Christopher Farms Elementary School
Unity Church of Tidewater
Shelton Park Elementary
St. Matthews Catholic Church
Red Mill Elementary School
Contemporary Art Center of Virginia
Community United Methodist Church
Strawbridge Elementary School
Tallwood Elementary School
Thalia Elementary School
Independence Middle School
White Oaks Elementary School
Virginia Beach Christian Church
Three Oaks Elementary School
Thalia Lynn Baptist Church
St. Francis Episcopal Church
Bayside Presbyterian Church
Virginia Beach Christian Life Center
AgricultureNoter Registrar Building
118 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 24th
119 day of Februarv , 2009.
APPROVED AS TO CONTENT:
~~cww~
Voter Registrar
CA11040
R-1
February 12, 2009
APPROVED AS TO LEGAL
SUFFICIENCY:
X~~
City Attorney's Office
3
Map
Magic Honow Precinct
NeW Poning Location:
Virginia Beach Moose Family center
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SUMMARY ATTACHMENT:
Map - MaQic Hollow Precinct
The Magic Hollow polling location currently located at Roma Lodge #254 will be
moved to Virginia Beach Moose Family Center located at 3133 Shipps Corner
Road. This move is at the request of the current polling location.
I II
1 AN ORDINANCE TO ADD SECTION 9 2-348
2 TO THE CITY CODE PERTAINING TO
3 DESTRUCTION OF PAID TAX TICKETS
4
5 Section Added: 92-348
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 9 2-348 of the City Code is hereby added and ordained to read as
11 follows:
12
13 Sec. 2-348. Records Retention.
14
15 In accordance with the Code of VirQinia & 58.1-3129 (A), the city treasurer may
16 destroy all paid personal property tax tickets at any time after five (5) years from the end
17 of the fiscal year durinQ which taxes represented by such tickets were paid, provided
18 that such destruction shall be in accordance with the provisions of the VirQinia Public
19 Records Act.
20
Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of
February, 2009.
I II
1 AN ORDINANCE TO AMEND CHAPTER 28 OF THE CITY
2 CODE BY ADDING A NEW ARTICLE IV, ENTITLED "USE
3 OF THE PUBLIC SEWER SYSTEM," AND ESTABLISHING
4 REGULATIONS PERTAINING TO DISCHARGES OF FATS,
5 OILS AND GREASE AND OTHER SUBSTANCES TO THE
6 PUBLIC SEWER SYSTEM
7
8 Sections Added: City Code Sections 28-64 through 28-82
9 Chapter 28. SEWERS AND SEWAGE DISPOSAL
10
11
12 Article IV. Use of the Public Sewer System
13
14 Division 1. Sewer Use
15
16 Sec. 28-64. Purpose and intent.
17
18 (a) Purpose. The purpose of this division is to prevent the introduction of
19 pollutants and wastes into the City's public sewer system that will interfere with the
20 operation of the system and with the wastewater system of the Hampton Roads
21 Sanitation District (the "District"), contaminate the receivinq waters of the system, or
22 otherwise be incompatible with the system; to protect the wastewater facilities of the
23 City of Virqinia Beach and those of the District; and to ensure that the City and the users
24 of the public sewer system comply with federal and state mandates under the Clean
25 Water Act and all other applicable laws, rules and requlations.
26
27 (b) The provisions of this division are intended to comply with provisions of
28 the Virqinia Department of Environmental Quality (DEQ) and the Special Order by
29 Consent issued to the Cities of Virqinia Beach. Chesapeake. Hampton. Newport News.
30 Poquoson. Portsmouth, Suffolk and Williamsburq; the Counties of Gloucester. Isle of
31 Wiqht and York; the Town of Smithfield; the Hampton Roads Sanitation District and the
32 James City Service Authority. effective September 26, 2007.
33
34 Sec. 28-65. Definitions.
35
36 The followinq words and terms used in this division shall have the followinq
37 meaninqs, unless the context clearly indicates otherwise:
38
39 Dav means the 24-hour period beqinninq at 12:01 a.m.
40
41 Director means the Director of Public Utilities or the authorized desiqnee of the
42 Director of Public Utilities
43
44 Public sewer system includes the pipelines or conduits. pumpinq stations, force
45 mains. and all other construction, devices, and appliances appurtenant thereto. located
46 within the City of Virqinia Beach and used for the conveyance of residential, commercial
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47 or industrial sewaqe or wastewater or other wastes to the Hampton Roads Sanitation
48 District.
49
50 Reqional Consent Order or Special Order by Consent means the requlatory order
51 between the Virqinia Department of Environmental Quality and localities within the
52 Hampton Roads reqion, includinq the City of Virqinia Beach, effective September 26,
53 2007.
54
55 Storm sewer system means the system of roads, streets, catch basins, curbs,
56 qutters, ditches, pipes, lakes, ponds, channels, storm drains and other facilities located
57 within the City of Virqinia Beach that are desiqned or used for collectinq, storinq or
58 conveyinq stormwater or throuqh which stormwater is collected, stored or conveyed.
59
60 User means any person who contributes, causes, or permits the contribution or
61 discharqe of wastewater into the City's wastewater collection system within the City's
62 boundaries, includinq any person who contributes such wastewater from mobile
63 sources, such as one who discharqes hauled wastewater.
64
65 Wastewater means a combination of liquid and water-carried wastes from the
66 sanitary conveniences of residences, commercial buildinqs, industries, or institutions.
67
68
69 Sec. 28-66. Prohibited discharges.
70
71 No person shall discharqe or cause to be discharqed into any portion of the
72 public sewer system, directly or indirectly, any wastes which may violate any law or
73 qovernmental requlation or have an adverse or harmful effect on the public sewer
74 system, maintenance personnel, processes, or equipment, or which may otherwise
75 endanqer the public or create a nuisance. The followinq discharqes are prohibited:
76
77 (a) Any qasoline, benzene, naphtha, solvent, fuel oil or any liquid, solid, or
78 qas that may cause flammable or explosive conditions, includinq, but not limited to,
79 waste streams with a closed cup flashpoint of less than 1400 F (600 C) usinq test
80 methods specified in Title 40, Part 261.21 of the Code of Federal Requlations (40 CFR
81 Part 261.21) or any successor requlation.
82
83 (b) Any toxic or poisonous solids, liquids or qases in such quantities that,
84 alone or in combination with other wastewater constituents, may interfere with the
85 sewaqe treatment process of the Hampton Roads Sanitation District or biosolids use or
86 disposal, cause acute worker or public health and safety problems, materially increase
87 the cost of treatment, or constitute a hazard to any beneficial stream use, includinq
88 recreation, ascribed to the receivinq waters of the effluent from the sewaqe treatment
89 plant.
90
91 (c) Any waste havinq a pH in violation of requirements as provided in Title 40,
92 Part 403 of the Code of Federal Requlations (40 CFR Part 403) or any successor
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requlation or havinq any detrimental characteristics that may cause iniury or damaqe to
persons or property.
(d) Any solids or viscous substances that may cause obstruction to flow or be
detrimental to seweraqe system operations. These obiectionable substances include.
but are not limited to. asphalt. dead animals. offal. ashes. sand. mud. straw. industrial
process shavinqs. metals. qlass. raqs. feathers. tar. plastics. wood. whole blood.
paunch manure. bones. hair and fleshinqs. entrails. paper dishes. paper cups. milk
containers. or other similar paper products. either whole or qround.
(e) Any siqnificant quantities of unpolluted water such as rainwater.
stormwater. qroundwater. street drainaqe. yard drainaqe. water from yard fountains.
ponds or lawn sprays.
(f) Any water added for the purpose of dilutinq wastes which would otherwise
exceed applicable limitations for any wastewater constituent.
(q) Any petroleum or mineral-based oils (non-saponifiable) and/or any animal
or veqetable based oils. fats. or qreases which in excess concentrations would tend to
cause interference. pass-throuqh. or adverse effects on the seweraqe system. as
determined by HRSD. No visible free non-saponifiable oil shall be present in the
discharqed waste stream.
(h) Any wastes with excessively hiqh chemical oxyqen demand (COD).
bioloqical oxyqen demand (BOD). or decomposable orqanic content or any siqnificant
quantities of wastewater with a COD to BOD ratio exceedinq six to one (6: 1). COD to
BOD ratio criteria are shown on Hampton Roads Sanitation District's list entitled
"Wastewater Discharqe Authorization Criteria COD/BOD Ratio." as amended from time
to time.
(i) Any siqnificantly odorous wastes or waste tendinq to create odors.
(j) Any waste containinq dissolved sulfides in amounts which would be
hazardous. cause damaqe to the seweraqe system. or create a public nuisance.
(k) Any substance promotinq or causinq the promotion of toxic qases.
(I) Any wastes that will increase the temperature of the treatment plant
influent to qreater than 1040 F (400 C).
(m) Any wastes requirinq the introduction of an excessive quantity of chlorine
or any other compound for sewaqe treatment purposes.
(n) Any siqnificant amounts of deionized water. distilled water. steam
condensate. coolinq water. or discharqes from heat pumps.
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(0) Any waste producing significant discoloration of wastewater or treatment
plant influent.
(p) Any waste containing substances that may precipitate. solidify. or become
viscous at temperatures between 500 F (100 C) and 1000 F (380 C).
(Q) Any significant Quantities of solid waste material that IS not qround
sufficiently to pass through a 3/8 inch screen.
(r) Any siqnificant Quantity of blown-down or bleed water from coolinq towers
or other evaporative coolers.
(s) Any Quantities of radioactive material wastes which are In violation of
applicable local. State. and Federal regulations.
(t) Any siqnificant Quantities of inorqanic material.
(u) Any discharqe of any pollutant released at a flow rate and/or pollutant
concentration that would result in interference. cause adverse effects or pass throuqh at
the treatment plant.
(v) Any siqnificant Quantity of wastewater in which the Toxic Orqanics (TO)
concentration exceeds 2.13 milliqrams per liter (mgll). or in which anyone toxic orqanic
compound exceeds 1.0 mg/l. or in which the BTEX (Benzene. Toluene. Ethylbenzene
and Xylene) concentration exceeds 1.0 mqll).
Sec. 28-67. Discharges of stormwater or surface water.
(a) No person shall connect roof. foundation. areaway. parkinq lot. roadway.
or other surface runoff or qroundwater drains to any sewer connected to any portion of
the City's wastewater collection system unless such connection is authorized in writinq.
for qood cause. by the Director.
(b) All discharges of stormwater. surface water. groundwater. roof runoff.
subsurface drainaqe. or other similar discharqes of storm water shall be made to
discharge to storm sewers or natural outlets desiqned for such discharqes. except as
authorized under this section. No person shall construct or use any connection. drain.
or arrangement which will permit any such waters to enter the public sewer system.
176
177 Sec. 28-68. Damage to the wastewater collection system.
178 (a) It shall be unlawful for any person to willfully damaqe. obstruct. introduce
179 materials harmful to the collection system that would cause or contribute to sanitary
180 sewer overflows. or tamper with any part of the public sewer system. including any
181 manholes. c1eanouts. pluqs. pipes. pumpinq station. valves. apparatus. tools or fixtures.
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182 No person other than authorized aQents or employees of the City. shall uncover any
183 public sewer lines, operate any public fire hydrant or operate any valves connected with
184 the public water and sanitary sewer systems without first obtaininQ express approval
185 from the Director of Public Utilities. unless such use is necessary for emerQencies.
186 (b) Any person causinQ damaQe to or obstruction of the public sewer system
187 shall be liable to the City for the cost of repairinQ such damaQe or obstruction.
188
189 Sec. 28-69. Inspections.
190
191 (a) The Director shall have authority to make such lawful inspections durinQ
192 reasonable hours for the purpose of observinQ. measurinQ, samplinQ, testinQ or
193 reviewinQ records of the wastewater collection system installed in any buildinQ or
194 structure as may be necessary or appropriate. includinQ inspections performed for the
195 purpose of ensurinQ that discharQe to the City's public sanitary sewer system from such
196 buildinQ or structure is not in violation of this Division. The owner or occupant of such
197 buildinQ or structure. or his or her desiQnee. shall be entitled to accompany the Director
198 durinQ such inspection.
199
200 Sec. 28-70. Violations and penalties.
201 (a) Any intentional or willful act or omission to act in violation of any of the
202 provisions of this Division shall be punishable by fine in an amount not to exceed
203 One Thousand Dollars ($1,000.00) per violation. Each day that a continuinQ violation
204 exists shall constitute a separate offense. The court assessinQ such fines may. at its
205 discretion. order such fines to be paid into the treasury of the City for the purpose of
206 abatinQ. preventinQ or mitiQatinQ environmental pollution.
207 (b) Any person who. intentionally or otherwise. commits any of the acts
208 prohibited by this Division or who fails to perform any of the acts required by this
209 Division shall be liable to the City in an action at law for all costs of containment.
210 cleanup. abatement. removal and disposal of any substance unlawfully discharQed into
211 the wastewater collection system, as well as the costs of any damaQes or reQulatory
212 fines imposed upon the City. that are proximately caused by such violations. Such
213 costs shall be collectible by the City in accordance with the provisions of Sections 28-29
214 and 28-30.
215 (c) The City may brinQ leQal action to enioin the continuinQ violation of this
216 division. and the existence of any other remedy. at law or in equity. shall be no defense
217 to any such action.
218 (d) The remedies set forth in this section shall be cumulative. not exclusive;
219 and it shall not be a defense to any action, civil or criminal, that one or more of the
220 remedies set forth herein has been SOUQht or Qranted.
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Sec. 28-71. Variances.
The Director may authorize a variance from the provisions of Section 28-67 or
28-68 in any case in which a property owner or other person demonstrates that strict
compliance with the provision from which a variance is souqht would cause undue
hardship or extraordinary expense and the Director is satisfied that the authorization of
the variance will not adversely affect the public sewer system. In such cases, the
Director shall impose such reasonable conditions as will ensure, to the extent possible,
that the variance does not adversely affect the public sewer system.
Sec. 28-72. Severability.
The provisions of this Division shall be severable, it beinq the intention of the City
Council that in the event one (1) or more of the provisions of this Division are adiudqed
to be invalid or unenforceable, the validity and enforceability of the remaininq provisions
shall be unaffected by such adiudication.
Division 2. Fats, Oils, and Grease (FOG)
Sec. 28-73.
Purpose; findin~s.
(a) Purpose. The purpose of this Division is to aid in preventinq the
introduction and accumulation of fats, oils, and qrease (FOG), which cause or tend to
cause or contribute to sanitary sewer blockaqes and obstructions, into the municipal
wastewater system. This Division requires that qrease control devices be installed,
implemented, and maintained by food service establishments in accordance with the
provisions hereof.
(b)
FindinGs. The City Council hereby finds that:
(1 )
Grease buildup in the public sewer system occurs when FOG from
cookinq is allowed to be introduced into the system. FOG washed
down sinks and floor drains builds up over time and eventually
creates backups in the public sewer system which may result in
sanitary sewer overflows (SSOs). SSOs constitute siqnificant
public health hazards, expose the city to costly environmental
penalties, and are prohibited under the federal Clean Water Act. In
2008, thirty-eiqht (38) SSOs within the City were caused by
accumulations of FOG in the public sewer system.
(2)
The accumulation of FOG in the public sewer system leads to
increased costs for maintaininq sewers and wastewater treatment
plants and c1eaninq blockaqes out of public and private property.
Durinq 2008, the Department of Public Utilities responded to 3.105
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sewer blockaqes caused by accumulations of FOG in the public
sewer system.
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267
(3)
FOG from food service establishments is a major source of FOG in
the public sewer system. The use of properly sized. installed and
maintained qrease control devices in food service establishments.
however. minimizes the introduction of FOG into the system.
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(4)
The Special Order by Consent issued to the City of Virqinia Beach
and other localities and service providers within Hampton Roads.
which became effective on September 26. 2007. requires the City.
amonq other thinqs. to develop and submit to the Virqinia
Department of Environmental Quality (DEQ) a Maintenance.
Operations and Manaqement (MOM) Plan that documents the
MOM Plan elements used to manaqe the City's sewer system and
minimize SSOs.
276
277 Sec. 28-74. Applicabilitv.
278 The provisions of this Division shall apply to all food service establishments. as
279 defined herein. within the City that are required under the Virqinia Uniform Statewide
280 Buildinq Code or applicable requlations of the Hampton Roads Sanitation District to
281 have qrease control devices and to all qrease haulers providinq service to any such
282 food service establishment.
283
284 Sec. 28-75. Definitions.
285
286 The followinq words and terms used in this Division shall have the followinq
287 meaninqs. unless the context clearly indicates otherwise:
288
289 Brown qrease means floatable fats. oils. qrease and settled solids produced
290 durinq food preparation that are recovered from qrease control devices.
291
292 Buildinq Code Administrator means the City's Buildinq Code Administrator or his
293 or her authorized desiqnee. The Buildinq Code Administrator is referred to in the
294 Virqinia Uniform Statewide Buildinq Code as the Buildinq Official.
295
296 Director means the City's Director of Public Utilities or his or her authorized
297 desiqnee.
298
299 Enforcement Response Plan means a system that sets forth the process and
300 procedures for enforcement of this section by the City
301
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302 Fats, oils, and Grease (FOG) means material. either liquid or solid. composed of
303 fats. oils or qrease from animal or veqetable sources. Examples of FOG include, but
304 are not limited to. kitchen cookinq qrease, veqetable oil. bacon qrease and orqanic polar
305 compounds derived from animal or plant sources that contain multiple carbon
306 triqlvceride molecules. These substances are detectable and measurable usinq
307 analytical test procedures established in the Title 40. Part 135 of the Code of Federal
308 Requlations (40 CFR 136). as may be amended from time to time.
309
310 Food service establishment (FSE) means any commercial. institutional. or food
311 processinq facilitv that discharqes kitchen or food preparation wastewaters and that is
312 required to have a qrease control device under the Virqinia Uniform Buildinq Code or
313 applicable requlations of the Hampton Roads Sanitation District.
314
315 Grease control device means a device used to collect. contain. and remove food
316 waste and qrease from the wastewater while allowinq the remaininq wastewater to be
317 discharqed to the City's wastewater collection system bv qravitv. Devices include
318 qrease interceptors. qrease traps. automatic qrease removal devices or other devices
319 approved bv the Director.
320
321 Grease hauler means a contractor who collects the contents of a qrease
322 interceptor or trap and transports it to a recvclinq or disposal facilitv. A qrease hauler
323 may also provide other services related to qrease interceptor maintenance for a Food
324 service establishment.
325
326 Grease interceptor means a structure or device. usuallv located underqround and
327 outside of a Food service establishment. desiqned to collect, contain and remove food
328 waste and qrease from the wastewater while allowinq the remaininq wastewater to be
329 discharqed to the City's wastewater collection system bv qravitv.
330
331 Grease removal device means an active. automatic device that separates and
332 removes fats. oils and qrease from effluent discharqe and that cleans itself of
333 accumulated FOG at least once every twenty-four hours utilizinq electromechanical
334 apparatus.
335
336 Grease trap means a device tvpicallv located indoors and under the sink.
337 desiqned for separatinq and retaininq qrease prior to the wastewater exitinq the trap
338 and enterinq the wastewater collection system. Such devices are tvpicallv passive
339 (qravitv fed) and compact with removable baffles.
340
341 Public sewer svstem includes the pipelines or conduits. pumpinq stations, force
342 mains. and all other construction. devices. and appliances appurtenant thereto. located
343 within the City of Virqinia Beach and used for the conveyance of residential. commercial
344 or industrial sewaqe or wastewater or other wastes to the Hampton Roads Sanitation
345 District.
346
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347 Renderable FOG container means a closed. leak-proof container for the
348 collection and storaqe of yellow qrease.
349
350 Virainia Uniform Statewide Buildinq Code includes the model codes incorporated
351 by reference therein. includinq. specifically. the International Plumbinq Code.
352
353 Yellow qrease means fats. oils. and qrease used in food preparation that have
354 not been in contact or contaminated with other sources such as water, wastewater or
355 solid waste. An example of yellow qrease is fryer oil. which can be recycled into
356 products such as animal feed. cosmetics and alternative fuel. Yellow qrease is also
357 referred to as renderable FOG.
358
359
360 Sec. 28-76. Registration requirements.
361
362 All food service establishments shall be required to reqister their qrease control
363 devices. Reqistrations shall be on forms provided by the Director to ensure that such
364 devices are properly sized and maintained and to facilitate inspection in accordance
365 with the requirements established by the Director.
366
367 (a) Existinq food service establishments shall reqister all qrease control
368 devices within ninety (90) days after the effective date of this Division;
369 provided. New establishments shall reqister such devices when
370 requestinq their water and sewer service. applyinq for a business license.
371 or prior to obtaininq a certificate of occupancy. whichever is later.
372
373 (b) All qrease haulers servicinq qrease control devices for food service
374 establishments within the City shall be required to obtain a certification to
375 service qrease control devices from the City or the Hampton Roads
376 Planninq District Commission no later than ninety (90) days after the
377 effective date of this Division.
378
379 c) All qrease haulers shall obtain the required permits. certifications or
380 approvals from the facility in which waste will be disposed of. Grease
381 haulers discharqinq to a Hampton Roads Sanitation District treatment
382 plant shall be approved throuqh a Hampton Roads Sanitation District
383 Indirect Wastewater Discharqe Permit.
384
385 d) At least one employee of a food service establishment shall have
386 completed a traininq proqram concerninq the operation and maintenance
387 of qrease control devices. provided by the City. no later than ninety (90)
388 days after the effective date of this Division.
389
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390 Sec. 28-77. Discharge limits.
391
392 No person shall discharqe or cause to be discharqed from any food service
393 establishment any wastewater with fats. oils, qrease or other substances harmful or
394 hazardous to the public sewer system, the reqional sanitary sewer system, or sewaqe
395 treatment plant or processes, as determined by Section 301 (d) of the Hampton Roads
396 Sanitation District's Industrial Wastewater Discharqe Requlations or any successor
397 requlation.
398
399
400 Sec. 28-78. Grease Control Devices.
401 (a) Requirements. All food service establishments shall have a qrease
402 control device or devices meetinq all applicable requirements of the Virqinia Uniform
403 Statewide Buildinq Code, as determined by the Buildinq Code Administrator. Any
404 qrease control device sized in accordance with the "Hampton Roads Reqional
405 Technical Standards, Sizinq of Grease Control Devices" shall be deemed to meet the
406 requirements of the section.
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(1) New establishments. Except as provided in subdivision (a)(2), food
service establishments shall be required to install. operate. and
maintain a qrease control device in compliance with the
requirements of the Virqinia Uniform Statewide Buildinq Code.
Grease control devices shall be installed and reqistered prior to the
issuance of a certificate of occupancy.
(2) Existinq establishments. Food services establishments in operation
as of the effective date of this Division may continue to operate and
maintain their existinq qrease control devices. provided such
qrease control devices are in proper operatinq condition and are
not found to be contributinq FOG in quantities sufficient to cause
line stoppaqes or to necessitate increased maintenance of the
sanitary sewer system. An existing food service establishment
shall install a new qrease control device that complies with the
requirements of the Uniform Statewide Buildinq Code if its qrease
control device is determined by the Director not to be in proper
operating condition or if is found to be contributinq FOG in
quantities sufficient to cause line stoppaqes or to necessitate
increased maintenance of the sanitary sewer system.
(3) Renovations or expansions. Food service establishments that are
renovated or expanded shall, if required by the Virginia Uniform
Statewide Buildinq Code, install new grease control devices
meeting the requirements of such Code.
(4) Retrofittinq. Existinq establishments lackinq approved qrease
control devices by reason of havinq been qrandfathered from such
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435 requirement under the VirQinia Uniform Statewide BuildinQ Code
436 shall. if required by the Hampton Roads Sanitation District. install
437 Qrease control devices in accordance with the reQulations of the
438 District. Such Qrease control devices shall be reQistered within
439 thirty (30) days of their installation.
440 (b) Installation. Grease control devices shall be installed by a plumber
441 licensed in the Commonwealth of VirQinia. Every Qrease control device shall be
442 installed and connected so that it may be readily accessible for inspection, cleaninQ,
443 and removal of the intercepted food waste and Qrease at any time.
444
(c)
Maintenance. Grease control devices shall be maintained as follows:
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(1) Grease control devices shall be properly maintained at all times.
Maintenance shall include the complete removal of all contents,
includinQ floatinQ material. wastewater and settled solids.
DecantinQ or discharQinQ of removed waste back into the Qrease
interceptor or private sewer line or into any portion of the City's or
HRSD's wastewater collection system is prohibited.
(2) Grease interceptors shall be pumped out completely when the total
accumulation of surface fats, oils and Qrease, includinQ floatinQ
solids and settled solids, reaches twenty-five percent (25%) of the
overall liquid volume. At no time shall a Qrease control device be
cleaned less frequently than once every three (3) months unless
allowed by the Director for Qood cause shown. Approval will be
Qranted on a case-by-case basis upon submittal of a request by the
food service establishment documentinQ reasons for the proposed
frequency variance. The Director shall not approve any request
unless the applicant demonstrates that the frequency variance will
not result in the introduction of any Qreater quantities of FOG into
the public sewer system than would otherwise be introduced.
(3) Grease traps and Qrease removal devices shall be opened,
inspected and completely cleaned of food solids and fats, oils and
Qrease a minimum of once per week, unless allowed by the
Director for Qood cause shown. Approval will be Qranted on a
case-by-case basis upon submittal of a request by the food service
establishment documentinQ reasons for the proposed frequency
variance. The Director shall not approve any request unless the
applicant demonstrates that the frequency variance will not result in
the introduction of any Qreater quantities of FOG into the public
sewer system than would otherwise be introduced, and in no event
shall the content of food solids and fats, oils, and Qrease exceed
twenty-five percent (25%) of the overall liquid depth of the device.
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(4)
(5)
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The Director of Public Utilities may establish a more frequent
cleaninq schedule if the food service establishment is found to be
contributinq FOG in quantities sufficient to cause line stoppaqes or
to necessitate increased maintenance of the wastewater collection
system.
Unless authorized by the Director, the use of additives includinq,
but not limited to, products that contain solvents, emulsifiers,
surfactants, caustics, acids, enzymes or bacteria are prohibited for
use as qrease manaqement control; provided, however, that
additives may be used to clean the FSE drain lines so lonq as the
usaqe of such additives will not cause FOG to be discharqed from
the qrease control device to the sanitary sewer system. The use of
additives shall not be substituted for the maintenance procedures
required by this Section. The Director shall not approve the use of
any additives unless he is satisfied that such use will have no
adverse effects upon the public sewer system.
495 (d) Waste Disposal. Waste material from qrease control devices shall be
496 disposed of as follows:
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(1 )
(2)
(3)
Waste removed from a qrease trap shall be disposed of in the solid
waste disposal system or by a qrease hauler certified by the
Hampton Roads Planninq District Commission.
Waste removed from a qrease interceptor shall be disposed of at a
facility permitted to receive such wastes. No materials removed
from interceptors shall be returned to any qrease interceptor,
private sewer line or into any portion of the City's or HRSD's
wastewater collection system.
Yellow qrease shall be disposed of in a renderable FOG container
in which contents will not be discharqed to the environment. Yellow
qrease shall not be poured or discharqed into the City's or HRSD's
wastewater collection system.
511 (e) Inspection. The Director shall have the authority to make such lawful
512 inspections as are authorized by law durinq reasonable hours for the purpose of
513 inspectinq, observinq, takinq measurement. samplinq, testinq or reviewinq the records
514 of the wastewater collection system and qrease control devices installed in a food
515 service establishment to ensure that such food service establishment is compliance
516 with this Division. Operational chanqes, maintenance and repairs required by the
517 Director shall be implemented as noted in the written notice received by the food
518 service establishment. The owner or occupant of such food service establishment. or
519 his or her desiqnee, shall be entitled to accompany the Director durinq such inspection.
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I II
(f) Recordkeepina. Food service establishments shall maintain records
meetinq the followinq requirements:
(1) Food service establishments shall retain and make available for
inspection and copvinq records of all c1eaninq and maintenance for
the previous three (3) years for all qrease control devices.
Cleaninq and maintenance records shall include, at a minimum, the
dates of c1eaninq/maintenance, the names and business addresses
of the company or person performinq each c1eaninq/maintenance
and the volume of waste removed in each c1eaninq. Such records
shall be kept on site and shall be made available to the Director
upon request.
(2) Food service establishments shall retain and make available for
inspection and copvinq records of vellow qrease disposal for the
previous three (3) years. Yellow qrease disposalloqs shall include,
at a minimum, the dates of disposal. name and business address of
the company or person performinq the disposal and the volume of
vellow qrease removed in each cleaninq. Such records shall be
kept on site and shall be made available to the Director upon
request.
Sec. 28-79. Grease haulers.
(a) Anv person collectinq, pumpinq or haulinq waste from qrease control
devices within the City shall be certified under the Reqional Grease Hauler Proqram of
the Hampton Roads Planninq District Commission and shall be approved throuqh a
Hampton Roads Sanitation District Indirect Wastewater Discharqe Permit.
(b) Grease haulers shall notify the Director within twenty-four (24) hours of
any incident required to be reported to the Virqinia Department of Environmental
Qualitv.
(c) Grease haulers shall retain and make available for inspection and coPvinq
bv the Director, for a period of at least three (3) years, all records related to qrease
interceptor pumpinq and waste disposal from businesses located in the City's
wastewater service area. The Director may require additional record keepinq and
reportinq, as necessary. to ensure compliance with the terms of this Division.
Sec. 28-80. Modification and repair.
(a) The Director may require existinq food service establishments to modify or
repair any noncompliant qrease control device and appurtenances within thirty (30)
calendar days of written notification bv the Director. The Director may qrant extensions
for qood cause shown.
13
I II
561 Sec. 28-81. Violations and penalties.
562 (a) Any intentional or willful act or omission to act in violation of any of the
563 provisions of this Division shall be punishable by fine in an amount not to exceed One
564 Thousand Dollars ($1.000.00) per violation. Each day that a continuinq violation exists
565 shall constitute a separate offense. The court assessinq such fines may. at its
566 discretion. order such fines to be paid into the treasury of the City for the purpose of
567 abatinq. preventinq or mitiqatinq environmental pollution.
568 (b) Any person who. intentionally or otherwise. commits any of the acts
569 prohibited by this Division or who fails to perform any of the acts required by this
570 Division shall be liable to the City in an action at law for all costs of containment.
571 cleanup. abatement. removal and disposal of any substance unlawfully discharqed into
572 the wastewater collection system. as well as the costs of any damaqes or requlatorv
573 fines imposed upon the City. that are proximately caused by such violations. Such
574 costs shall be collectible by the City in accordance with the provisions of Sections 28-29
575 and 28-30.
576 (c) In addition to any other remedy for the violation of this Division. the City
577 may brinq leqal action to enioin the continuinq violation of this Division. and the
578 existence of any other remedy. at law or in equity, shall be no defense to any such
579 action.
580 (d) The remedies set forth in this section are cumulative. not exclusive. and it
581 shall not be a defense to any action. civil or criminal. that one or more of the remedies
582 set forth herein has been souqht or qranted.
583
584 Sec. 28-82. Severability.
585
586 The provisions of this Division shall be severable, it beinq the intention of the City
587 Council that in the event one (1) or more of the provisions of this Division are adiudqed
588 to be invalid or unenforceable. the validity and enforceability of the remaininq provisions
589 shall be unaffected bv such adiudication.
590
591
592 Adopted by the Council of the City of Virginia Beach, Virginia, on this 24th day of
593 February, 2009.
14
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Item V-J.2.
ORDINANCES/RESOLUTIONS
ITEM # 58550
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to EXECUTE a Memorandum of Agreement with Hampton
Roads Sanitation District (HRSD) re grease control devices
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 2009
I II
I
1 A RESOLUTION AUTHORIZING AND DIRECTING THE
2 CITY MANAGER TO EXECUTE, ON BEHALF OF THE
3 CITY, A MEMORANDUM OF AGREEMENT BETWEEN THE
4 HAMPTON ROADS SANITATION DISTRICT AND THE
5 CITY OF VIRGINIA BEACH PERTAINING TO GREASE
6 CONTROL DEVICES
7
8
9 WHEREAS, the City of Virginia Beach has developed an ordinance implementing
10 affirmative measures to reduce the impact of discharges of fats, oils, and grease (FOG)
11 to the sanitary sewer collection system (the "FOG Ordinance"); and
12
13 WHEREAS, the FOG Ordinance requires, among other things, that food service
14 establishments must install grease control devices to the extent required by the Virginia
15 Uniform Statewide Building Code (USBC); and
16
17 WHEREAS, the USBC grandfathers food service establishments that were
18 constructed before the date the requirement for the installation of grease control devices
19 was first incorporated into the USBC; and
20
21 WHEREAS, within the City of Virginia Beach there are food service
22 establishments that were constructed prior to the adoption of the USBC provision
23 requiring the installation of grease control devices in such establishments; and
24
25 WHEREAS, food service establishments lacking grease control devices may be
26 contributing FOG to the sanitary sewer system; and
27
28 WHEREAS, the Hampton Roads Sanitation District (HRSD) has the independent
29 legal authority to require existing food service establishments that are grandfathered
30 from the aforesaid USBC requirements to retrofit such establishments with grease
31 control devices; and
32
33 WHEREAS, subject to the approval of the City Council, the terms of a
34 Memorandum of Agreement between the City of Virginia Beach and HRSD have been
35 agreed upon, whereby HRSD has agreed to cooperate with the City in ensuring that
36 such establishments install proper grease control devices; and
37
38 WHEREAS, a Summary of Material Terms of such Memorandum of Agreement
39 is hereto attached and a copy is available for inspection at the Department of Public
40 Utilities;
41
42 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
43 OF VIRGINIA BEACH:
44
I II
45 That the City Manager is hereby authorized and directed to execute the aforesaid
46 agreement on behalf of the City and to take such measures as are necessary or
47 advisable to implement such agreement according to its terms.
48
49
50 Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day
51 of February, 2009.
Approved as to Content:
Approved as to Legal Sufficiency:
~~i:fY] liJpr
_wiJ);;ijj !tj~.
City Attorney's Office
CA11047
R-1
February 16, 2009
2
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MEMORANDUM OF AGREEMENT
HAMPTON ROADS SANITATION DISTRICT AND THE CITY OF VIRGINIA BEACH
SUMMARY OF MATERIAL TERMS
PARTIES: All Hampton Roads localities, incl. City of Virginia Beach, and HRSD
SUBJECT: Retrofitting of grease control devices in food service establishments (FSEs)
grandfathered under the Virginia Uniform Statewide Building Code
PURPOSE: Ensure that grandfathered FSEs do not contribute fats, oils and grease (FOG) to
the public sanitary sewer system
CITY OBLIGATIONS:
1. Determine whether FSES without grease control devices are contributing
FOG to the sanitary sewer system;
2. If City cannot achieve compliance by other means, request HRSD to
inspect FSE and take measures to cause compliance;
3. Issue required building permits and conduct future inspections;
4. Notify HRSD of future enforcement actions taken by City
HRSD OBLIGATIONS:
1. Perform inspection of FSE within reasonable time;
2. Take appropriate enforcement action;
OTHER:
Parties may withdraw from MOA at any time without further obligation
II I'
- 45 -
Item V-J.3.
ORDINANCES/RESOLUTIONS
ITEM # 58551
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to APPOINT Mark D. Stiles as City Attorney, effective
March 1, 2009
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis. William R. "Bill" DeSteph. Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr.. John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 2009
I II
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A RESOLUTION APPOINTING MARK D.
STILES TO THE POSITION OF CITY
ATTORNEY AND SETTING HIS
COMPENSATION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That pursuant to 9 9.02 of the City Charter, Mark D. Stiles is hereby
appointed to the position of City Attorney, effective March 1, 2009.
2. That the salary of the City Attorney shall be $185,000.
3. That the City's contribution to the City Attorney's deferred compensation
plan shall be $10,000 annually.
4. That the car allowance of the City Attorney shall remain at $10,000
annually.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th
day of February , 2009.
APPROVED AS TO LEGAL
SUFFICIENCY:
~~~
City Attorney's Office
CA11051
February 18, 2009
R-2
I II
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Item V-J.4.
ORDINANCES/RESOLUTIONS
ITEM # 58552
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council .ADOPTED:
Ordinance to AUTHORIZE a Housing Choice Voucher Administrative
Plan and submit same to the Department of Housing and Urban
Development (HUD) re Section 8
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24,2009
I II
AN ORDINANCE TO ADOPT THE DEPARTMENT OF
HOUSING AND NEIGHBORHOOD PRESERVATION'S
HOUSING CHOICE VOUCHER ADMINISTRATIVE PLAN
AND TO AUTHORIZE THE CITY MANAGER TO SUBMIT
THE PLAN TO THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
1
2
3
4
5
6
7
8 WHEREAS, the Department of Housing and Neighborhood Preservation
9 ("DHNP") has operated the federally-funded Housing Choice Voucher Program ("HCV
1 0 Program"), formerly known as the Section 8 program, for many years; and
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WHEREAS, the HCV Program is operated according to an administrative plan
developed by DHNP ("Plan") that details the various policies and procedures that are
used to operate the HCV Program; and
WHEREAS, DHNP is requesting that Council approve the Plan because 1) the
U.S. Department of Housing and Urban Development ("HUD") requires the Plan to be
authorized and adopted by City Council; and 2) DHNP has recently completed an
extensive review and modification of the Plan; and
WHEREAS, in order to satisfy HUD requirements, and to ratify the revised Plan,
DHNP is requesting that the Plan be adopted by Council and that the City Manager be
authorized to submit the Plan to HUD; and
WHEREAS, an executive summary of the Plan is attached hereto, and a copy of
the full Plan is on file with the City Clerk.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
DHNP's Plan for the administration of the Housing Choice Voucher Program is
hereby ratified and adopted by Council of the City of Virginia Beach, and the City
Manager is hereby authorized to submit a copy of the Plan to the U.S. Department of
Housing and Urban Development.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day
of Fp.hrllnry , 2009.
APPROVED AS TO LEGAL SUFFICIENCY:
rf IL,. ~ -1.--
City Attorney' Office
II II
EXECUTIVE SUMMARY
OVERVIEW
The Department of Housing & Neighborhood Preservation consists of five distinct
divisions.
1. Administrative Services Division: The staff in this division handle all internal City
matters, including human resources, finance, contracts, compliance, information
technology, and office management.
2. Code Enforcement Division: This division handles all Code Enforcement activities,
including inspecting properties for housing violations, junk, overgrown grass, waste
management violations, inoperable vehicles, and the Certificate of Compliance rental
inspection program. In addition, through nuisance abatement activities, this division takes
action to eliminate violations including graffiti.
3. Strategy. Policy & Resource Development Division: This division coordinates
strategic and program planning, resource development, grant acquisitions, policy
development, research, analysis, and media and communication functions and initiatives.
4. Housing Development Division: This division provides all services related to home
improvements including rehabilitation loans and grants of various types. In addition it is
developing the workforce housing program, and coordinating the provision of programs
and services to address homelessness. Additionally, the staff is responsible for receiving
and reviewing requests for the funding or approval of projects to maintain or expand
housing opportunities.
5. Rental Housing Division: This division provides the delivery of housing programs
including; Federal rental assistance through the Section 8 Housing Choice Voucher
program, Security Deposit, Optional Relocation and Housing Counseling programs.
The principal staff member of the Rental Housing Division is the Rental Housing
Administrator, who works for the city, and reports directly to the Department Director.
The Rental Housing Administrator is directly responsible for carrying out the policies
established by the Director, City Manager and City Council and is delegated the
responsibility for hiring, training and supervising the remainder of the division staff in
order to manage the day-to-day operations, and to ensure compliance with federal and
state laws and directives for the programs managed.. In addition, the Rental Housing
Administrator's duties include budgeting and financial planning for the division.
I I'
HCV PROGRAM AND ADMINISTRATIVE PLAN
The City of Virginia Beach Department of Housing & Neighborhood Preservation
(VBDHNP) operates the Housing Choice Voucher Program (HCV) within the Rental
Housing Division. The VBDHNP receives its funding for the HCV program from the
Department of Housing and Urban Development. The VBDHNP is not a federal
department or agency. The Department of Housing & Neighborhood Preservation is a
department within the City of Virginia Beach. The department operates housing
programs for low-income families. The VBDHNP enters into an Annual Contributions
Contract with HUD to administer the program requirements on behalf of HUD. The
VBDHNP must ensure compliance with federal laws, regulations and notices and must
establish policy and procedures to clarify federal requirements and to ensure consistency
in program operation.
Pursuant to 24 CFR 982.54 the VBDHNP must adopt a written administrative plan that
establishes local policies for administration of the (HCV) program in accordance with
HUD requirements. The administrative plan and any revisions of the plan must be
formally adopted by the City Counsel. The administrative plan states VBDHNP policy
on matters for which the VBDHNP has discretion to establish local policies. The plan
must be in accordance with HUD regulations and requirements.
CONTENTS OF THE PLAN
Federal regulations at 24CFR 982.54 further stipulate the VBDHNP administrative plan
must cover VBDHNP policies on the following subjects:
· Selection and admission of applicants from the DHNP waiting list, including any
DHNP admission preferences, procedures for removing applicant names from the
waiting list, and procedures for closing and reopening the DHNP waiting list (Chapter
4)
· Issuing or denying vouchers, including DHNP policy governing the voucher term and
any extensions or suspensions of the voucher term. 'Suspension' means stopping the
clock on the term of a family's voucher after the family submits a request for approval
of the tenancy. If the DHNP decides to allow extensions or suspensions of the
voucher term, the DHNp administrative plan must describe how the DHNP
determines whether to grant extensions or suspensions, and how the DHNP
determines the length of any extension or suspension (Chapter 8);
· Any special rules for use of available funds when HUD provides funding to the
DHNP for a special purpose (e.g., desegregation), including funding for specified
families or a specified category of families (Chapter Chapter 4);
I I'
· Occupancy policies, including definition of what group of persons may qualify as a
'family', definition of when a family is considered to be 'continuously assisted';
standards for denying admission or terminating assistance based on criminal activity
or alcohol abuse in accordance with 982.553 (Chapters 5 and 15);
· Encouraging participation by owners of suitable units located outside areas of low
income or minority concentration (Chapter 1);
· Assisting a family that claims that illegal discrimination has prevented the family
from leasing a suitable unit (Chapter 2);
· Providing information about a family to prospective owners (Chapters 3 and 9);
. Disapproval of owners (Chapter 13);
. Subsidy standards (Chapter 5);
. Family absence from the dwelling unit (Chapter 12) ;
· How to determine who remains in the program if a family breaks up (Chapter 12);
. Informal review procedures for applicants (Chapter 18);
. Informal hearing procedures for participants (Chapter 18);
· The process for establishing and revising voucher payment standards (Chapter 8);
· The method of determining that rent to owner is a reasonable rent (initially and during
the term of a HAP contract) (Chapter 11);
· Special policies concerning special housing types in the program (e.g., use of shared
housing) (Chapter 4);
· Policies concerning payment by a family to the DHNP of amounts the family owes
the DHNP (Chapter 17);
· Interim re-determinations of family income and composition (Chapter 12);
· Restrictions, if any, on the number of moves by a participant family (Chapter 13);
· Approval by the board of commissioners or other authorized officials to charge the
administrative fee reserve (Chapter 1);
· Procedural guidelines and performance standards for conducting required housing
quality standards inspections (Chapter 10); and
· DHNP screening of applicants for family behavior or suitability for tenancy (Chapter
2)
"I
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Item V-J. 5.
ORDINANCES/RESOLUTIONS
ITEM # 58553
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to REFER to the Planning Commission for
consideration and recommendation an amendment to the
Chesapeake Bay Preservation Area Ordinance re inclusion of
swimming pool surface areas as impervious cover and to
ESTABLISH uniform buffer mitigation standards
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 2009
II II
1 A RESOLUTION REFERRING TO THE
2 PLANNING COMMISSION AN ORDINANCE
3 TO AMEND THE CHESAPEAKE BAY
4 PRESERVATION AREA ORDINANCE BY
5 INCLUDING THE SURFACE AREA OF
6 SWIMMING POOLS AS IMPERVIOUS
7 COVER FOR PURPOSES OF CALCULATING
8 STORMWATER MANAGEMENT
9 REQUIREMENTS AND BY ESTABLISHING
10 UNIFORM BUFFER MITIGATION
11 STANDARDS FOR CONSIDERATION AND
12 RECOMMENDATION
13
14 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16
17 That the above-entitled ordinance, a copy of which is attached, is hereby referred
18 to the Planning Commission for its consideration and recommendation.
19
20 Adopted by the City Council of the City of Virginia Beach, Virginia, this 24th
21 day of Fcbru3.ry ,2009.
AP;ROV~~ A~ TO (LEGAL SUFFICI~CY:
· if ) dJ/wu I ~, f!OjJfJ/i .
City Attorney's Office
CA 11 048
R-1
February 16, 2009
I II
1 AN ORDINANCE TO AMEND THE CHESAPEAKE BAY
2 PRESERVATION AREA ORDINANCE BY INCLUDING THE
3 SURFACE AREA OF SWIMMING POOLS AS IMPERVIOUS
4 COVER FOR PURPOSES OF CALCULATING
5 STORMWATER MANAGEMENT REQUIREMENTS AND BY
6 ESTABLISHING UNIFORM BUFFER MITIGATION
7 STANDARDS
8
9 Section Amended: Chesapeake Bay Preservation Area
10 Ordinance Section 106
11
12
13 WHEREAS, the City of Virginia Beach originally adopted the Chesapeake Bay
14 Preservation Area Ordinance (the "Ordinance") on November 6, 1990; and
15
16 WHEREAS, the City's Ordinance has been one of the most successful
17 Chesapeake Bay Ordinances in the State in accomplishing the goals of protecting and
18 enhancing water quality of the Chesapeake Bay and its tributaries; and
19
20 WHEREAS, in developing and implementing its Ordinance, the City chose to
21 maximize water quality protection by: (1) including highly erodible soils as components
22 of the Resource Protection Areas (RPA), notwithstanding the fact that the controlling
23 statutes and regulations do not require the inclusion of highly erodible soils as an RPA
24 feature; (2) by declining to designate certain areas of the City as Intensely Developed
25 Areas (IDAs), in which development restrictions are substantially less stringent than in
26 RPAs; and (3) by designating all lands within the Chesapeake Bay Watershed not within
27 RPAs as Resource Management Areas (RMAs), thereby greatly expanding the land
28 area within the City that is subject to the Ordinance; and
29
30 WHEREAS, in September 2008, the Chesapeake Bay Local Assistance Board
31 found the City's Ordinance to be in compliance with the Chesapeake Bay Preservation
32 Area Designation And Management Regulations, except with respect to regulations that
33 require that the surface area of swimming pools be considered as impervious surfaces;
34 and
35
36 WHEREAS, swimming pools intercept rainfall falling into them, thereby capturing
37 such rainfall and preventing it from running off into adjacent waterways, and as a result
38 are different from other impervious surfaces such as driveways and rooftops, which do
39 not capture rainfall; and
40
41 WHEREAS, the City Council acknowledges that, under applicable state
42 regulations that are binding upon localities, swimming pools are impervious because
43 they "significantly impede or prevent the natural infiltration of water into the soil
44 underlying them," a process known as "groundwater recharge;" and
45
II I'
46 WHEREAS, the City Council fully appreciates the importance of groundwater
47 recharge to the natural environment, including the Chesapeake Bay and its tributaries,
48 to-wit: groundwater recharge provides a sustainable water supply to trees and shrubs
49 located within Chesapeake Bay buffer areas, thereby helping to improve drought
50 tolerance and promote healthy plant growth; allows for soils to filter out excessive
51 nutrients, pesticides and other pollutants through chemical bonding to soil particles,
52 thereby reducing nutrient loads to adjoining waterways; and helps to intercept excessive
53 nutrients, pesticides and other pollutants in the soil before they reach the groundwater
54 table and begin to flow toward waterways; and
55
56 WHEREAS, it is the intention of the City Council that the City's Ordinance be fully
57 consistent with all applicable requirements of law; and
58
59 WHEREAS, the City Council reaffirms that it was not its intention in originally
60 adopting the Ordinance, and that it is not its intention in adopting this amendment to the
61 Ordinance, to preclude all reasonable development, including swimming pools, within
62 RPA buffers, but to fully protect water quality through appropriate and effective
63 mitigation measures; and
64
65 WHEREAS, it is the further intention of the City Council to establish uniform and
66 effective buffer restoration standards to be applied where RPA areas are developed
67 with impervious surfaces, including swimming pools and other impervious structures, so
68 that such development does not cause or contribute to a degradation of water quality;
69
70 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
71 OF VIRGINIA BEACH, VIRGINIA:
72 That Section 106 of the Chesapeake Bay Preservation Area Ordinance (City
73 Code Appendix F) is hereby amended and reordained to read as follows:
74
75
76
77 Sec. 106. Performance standards.
78
79
80
81 (A) General performance standards for development and redevelopment.
82 Except as otherwise provided herein, the following standards shall apply to all
83 development and redevelopment in both Resource Protection Areas and Resource
84 Management Areas of the Chesapeake Bay Preservation Area:
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(8) For any development or redevelopment, stormwater runoff shall be
controlled by the use of best management practices that achieve
the following results:
(d) Calculations involving the percentage of site area under
impervious cover shall be based upon the lot area landward
of mean low water and wetlands. Impervious cover shall RGt
include the water surface area of a swimming pool.
Buffer restoration standards. The followina standards shall apply in cases
in which buffer restoration is required pursuant to the provisions of this
Ordinance as a result of development within a Resource Protection Area:
(1) For new impervious cover:
(a) Buffer restoration of an area equal to two (2) times the
proposed impervious cover in the RPA shall be provided,
rounded to the nearest whole number, except that there shall
be no requirement for structures or additions to structures,
such as second stOry additions, that do not increase the
impervious footprint;
(b) No credit shall be aiven for proposed impervious area in
existina impervious areas that will be removed. Pool water
surface, decks, pavers and aravel driveways will be
considered impervious for this calculation;
(c) The composition of the buffer will be per Appendix D, Table
A of the Virainia Department of Conservation and
Recreation. Chesapeake Bay Local Assistance "Riparian
Buffers Modification & Mitiaation Guidance Manual. 2003,
Reprinted 2006" (the Guidance Manual);
(d) In accordance with the Guidance Manual. in order for the
buffer to function as intended, it should contain the full
complement of veaetation that includes all trophic layers:
shade trees, understory trees, shrubs, and around cover,
whether the around cover is veaetation. leaf litter, or mulch;
(e) Salt and flood tolerant plant species should be planted below
the 5-foot contour to ensure areater survival of the plantinas;
3
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(2)
I II
I
(f) Canopy trees should not be planted within fifteen (15') of the
shoreline where there is a possibilitv of marsh shadino or
interference with the inteoritv of shoreline structures;
(0) Buffer restoration should be placed in the RPA, beoinnino in
the 50-foot seaward portion of the buffer;
(h) Buffer restoration shall be placed in areas currentlv devoted
to tu rf;
(i) Where there is not sufficient area of existino turf to meet the
buffer restoration area requirements, a site evaluation may
be necessary to determine the location and extent of
veoetative supplementation to meet the requirement;
(j) All buffer trees, plants and oroundcover shall remain as
shown on the approved site plan. Anv loss of such material
shall be replaced and thereafter maintained;
(k) Where specific site conditions warrant, veoetation
replacement rates as found in Appendix D of the Guidance
Manual may be emploved with staff approval; and
(I) Deviations to the composition of the buffer as outlined in
these criteria shall be addressed on a case-by-case basis
and shall be subiect to a site evaluation to be undertaken bv
the applicant or his or her consultant. However, in no case
shall deviations that compromise the ouidance in subdivision
(C) (1) (d) above be considered.
For shoreline hardenino proiects and replacement of upland
retainino walls:
(a) Buffer restoration of an area fifteen feet (15') wide times the
lenoth of the shoreline hardenino structure or upland
retainino wall shall be required. The buffer restoration
should be placed in the 50-foot seaward portion of the buffer
if practicable, but in any event within the Resource
Protection Area;
(b) If construction displaces buffer veoetation, all disturbed
areas shall be restored per the Guidance Manual. Appendix
D.
4
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191
192
Adopted by the Council of the City of Virginia Beach, Virginia, on this -
of _' 2009.
day
CA-10855
February 13, 2009
R-1
I
" l
City Attorney's Office
5
I II
- 48 -
Item V-J. 6.
ORDINANCES/RESOLUTIONS
ITEM # 58554
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council.ADOPTED:
Ordinance to APPROPRIA TE $9,826 from the Francis Land
House Trust Fund to the Museum Department's budget re support
of Adam Thoroughgood House
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 2009
I II
I
1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE
2 FUND BALANCE OF THE FRANCIS LAND HOUSE TRUST
3 FUND TO THE MUSEUM DEPARTMENT'S FY 2008-09
4 OPERATING BUDGET
5 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7
8 That $9,826 is hereby appropriated from the fund balance of the Francis Land
9 House Trust Fund to the Museum Department's FY 2008-09 operating budget for the
10 purposes of dividing donations and membership dues between the Francis Land House
11 and the Adam Thoroughgood House.
Requires an affirmative vote by a majority of all the members of City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day
of February 2009.
Approved as to Content:
Approved as to Legal Sufficiency:
JS~~o_ ~
Management Services
/~ ~ --
City A~Y'S oWce
CA11042
R-2
February 12, 2009
I II
- 49-
Item V-J. 7.
ORDINANCES/RESOLUTIONS
ITEM # 58555
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE an initiative grant of
$416,754 from the Department of Homeland Security to the Police re
Bomb Unit equipment
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 2009
I I I I'
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FROM THE DEPARTMENT OF HOMELAND
3 SECURITY THROUGH THE VIRGINIA DEPARTMENT
4 OF EMERGENCY MANAGEMENT TO THE POLICE
5 DEPARTMENT
6
7 WHEREAS, The Department of Homeland Security through the Virginia
8 Department of Emergency has authorized a 2009 Urban Area Security Initiative grant of
9 $416,754 to the City of Virginia Beach.
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 That $416,754 is hereby accepted from the Department of Homeland Security
15 through the Virginia Department of Emergency and appropriated to the Police
16 Department's FY 2008-09 Operating Budget.
17
18 Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day
19 of February, 2009.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
C.
Management Services
~~ --
G' y or eY's:rnnce
CA 11041
R-2
February 9, 2009
I II
- 50 -
Item V-J.8.
ORDINANCES/RESOLUTIONS
ITEM # 58556
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City CouncilADOPTED:
Ordinance to TRANSFER $128,650 from various sources to
Communications and Information Technology (ComIT) re upgrades to
the City's websites
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 2009
I I'
1 AN ORDINANCE TO TRANSFER FUNDS TO THE
2 MULTIMEDIA SERVICES FY 2008-09 OPERATING
3 BUDGET
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 That $128,650 is transferred to the Multimedia Services FY 2008-09 Operating
9 Budget to fund the Website Content Management Systems software upgrade in the
10 following manner:
11
12 (1) $30,000 from the FY 2008-09 Operating Budget of the Department of Parks
13 and Recreation;
14 (2) $20,000 from the FY 2008-09 Operating Budget of the Department of Public
15 Utilities;
16 (3) $15,000 from FY 2008-09 Operating Budget of the Department of Public
17 Works;
18 (4) $7,500 from the FY 2008-09 Operating Budget of the Department of
19 Planning;
20 (5) $7,500 from the FY 2008-09 Operating Budget of the Department of Public
21 Libraries;
22 (6) $10,000 from the FY 2008-09 Operating Budget of the City Manager's
23 Office; and
24 (7) $38,650 from the FY 2008-09 Operating Budget of the Department of
25 Communications and Information Technology.
26
27 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day
28 of February ,2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
M~~~i~~
<D a;~dffIc-
City At r ey's ice
CA11039
R-3
February 13, 2009
- 51 -
Item V-K.
PLANNING
ITEM # 58557
1. ASSOCIATION FOR RESEARCH AND
ENLIGHTENMENT (A.R.E.)
2. CHARLES H. DA WSON
3. BRUCE AND KELLIE HENLEY
4. JOHN RODGER BURNS
5. STEPHEN C SWAIN
6. WAL-MART REAL ESTATE BUSINESS TRUST
7. RE-BIRTH INTERNATIONAL MINISTRIES
8. CRESCENT COMMUNITY CENTER
9. CARLA L. GRAHAM
10. RICHMOND 20MHZ, L.L.C
d/b/a N TELOS
11. ATTOM DONUTS, INC
12. BURGER KING CORPORATION
13. METROTEC ASSOCIATES, INC and
ARVIND GOWDA
14. PRINCESSBORO COMPANY, INC
15. WELDENFIELD OF VIRGINIA, L.L.C
I I'
NONCONFORMING USE
SUBDIVISION VARIANCE
SUBDIVISION VARIANCE
SUBDIVISION VARIANCE
FLOODPLAIN VARIANCE
EXPANSION OF A NON
CONFORMING USE
MODIFICATION OF CONDITIONS
(APPROVED: May 14, 1990)
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL CHANGE OF ZONING
CONDITIONAL CHANGE OF ZONING
CONDITIONAL CHANGE OF ZONING
REQUEST TO WITHDRA W
February 24, 2009
I II
- 52 -
Item V-K.
PLANNING
ITEM # 58558
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in
ONE MOTION Items I (DEFERRED) 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 (WITHDRAWN), 13, 14 and 15
(WITHDRA WN) of the PLANNING BY CONSENT AGENDA.
Item K 1 (ASSOCIATION FOR RESEARCH and ENLIGHTENMENT, INC.) shall be DEFERRED
until the City Council Session of March 10, 2009, BY CONSENT
Item K. 11 (ATTOM DONUTS, INC.) shall be WITHDRA WN, BY CONSENT
Item K. 15 (WELDENFIELD OF VIRGINIA, L.L.c.) shall be WITHDRA WN, BY CONSENT
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Rob~rt M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 2009
I II
- 53 -
Item V-K.
PLANNING
ITEM # 58558 (Continued)
Mayor Sessoms ABSTAINED on item K1. (ASSOCIATION FOR RESEARCH AND
ENGLIGHTMENT, INC.), as the Association is a customer of TowneBank. Mayor Sessoms is President
of TowneBank.
Council Lady Henley ABSTAINED on Item K3. (BRUCE and KELLIE HENLEY), east side of
Charity Neck Road, approximately 1500 feet south of North Muddy Creek Road. Council Lady Henley
DISCLOSED and ABSTAINED Pursuant to Section 2.2-3115(E), Code of Virginia; and, DECLARED
she has an ownership interest in that property. Council Lady Henley's correspondence of February 24,
2009, is hereby made a part of the record.
Council Lady Henley DISCLOSED on Item K4. (JOHN RODGER BURNS), 3477 Muddy Creek Road.
Council Lady Henley DISCLOSED Pursuant to Section 2,2-3115(G), Code of Virginia; and
DECLARED she has an ownership interest in a parcel of adjacent property. The City Attorney has
advised she is able to participate in this transaction fairly, objectively, and in the public interest. Council
Lady Henley's correspondence of February 24, 2009, is hereby made a part of the record.
Council Lady Henley DISCLOSED on Item Kll (ATTOM DONUTS, INC.), 501 Laskin Road. Council
Lady Henley DISCLOSED Pursuant to Section 2.2-3115(E), Code of Virginia, and DECLARED the
property is owned by Murden Real Estate Trust, which is administered by Brian Ward Murden. Mr.
Murden is Council Lady Henley's second cousin. The City Attorney has advised she is able to participate
without restriction. Council Lady Henley's correspondence of February 24, 2009, is hereby made a part
of the record.
Councilman Wood ABSTAINED on the application of Item K11 (ATTOM DONUTS, INC.), (Dunkin
Donuts). This is the same issue as the BURGER KING application (drive thrufood service) and only a
block away from that property. In the abundance of caution, Councilman Wood ABSTAINED, even
though advised by the City Attorney he could vote
Mayor Sessoms ABSTAINED on Item K13 (METROTEC ASSOCIATES, INC. and ARVIND
GOWDA) as the applicant receivesjinancial services from TowneBank of which he serves as President.
Councilman Dyer ABSTAINED on Item K15 (WELDENFIELD OF VIRGINIA, L.L.c.) as he is
employed by Regent University.
February 24, 2009
I I'
I
- 54 -
Item V-K.J.
PLANNING
ITEM # 58559
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED, until
the City Council Session of March 10, 2009, Application of ASSOCIATION FOR RESEARCH and
ENLIGHTENMENT, INC. (A.R.E. ),/or an Exvansion of a Nonconforming Use at 215 6th Street:
RESOLUTION AUTHORIZING APPLICATION OF ASSOCIATION
FOR RESEARCH AND ENLIGHTENMENT, INC. (A.R.E.), FOR AN
EXPANSION OF A NONCONFORMING USE:
Application of ASSOCIATION FOR RESEARCH and
ENLIGHTENMENT, INC. (A.R.E.), for an Exvansion of a
Nonconforming Use at 215 6th Street
DISTRICT 5 - LYNNHA VEN
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
William D. Sessoms, Jr.
Council Members Absent:
None
Mayor Sessoms ABSTAINED re ASSOCIATION FOR RESEARCH AND ENGLIGHTMENT, INC. as
the applicant is a customer of TowneBank. Mayor Sessoms is President of Towne Bank.
February 24, 2009
I I'
- 55 -
Item V-K.2.
PLANNING
ITEM # 58560
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED
Variance S4.4(b) of the the Subdivision Ordinance that requires all newly created lots meet the
requirements of the City Zoning Ordinance (CZO) for CHARLES H. DA WSON re lot width at 4300
Charity Neck Road
VARIANCE TO S4.4(B) OF THE SUBDIVISION ORDINANCE THAT
REQUIRES ALL NEWLY CREATED LOTS MEET THE
REQUIREMENTS OF THE CITY ZONING ORDINANCE (CZO) FOR
CHARLES H DAWSON RE LOT WIDTH AT 4300 CHARITY NECK
ROAD
Variance to S4.4(b) of the Subdivision Ordinance that requires all newly
created lots meet the requirements of the City Zoning Ordinance (CZO)
for CHARLES H DA WSON re lot width at 4300 Charity Neck Road -
DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. The property shall be substantially as shown on the plat entitled "Subdivision of Property of
James B. Dawson et ai, " dated 15 September 2008, prepared by Bonifant Land Surveys which
has been exhibited to the Virginia Beach City Council and is on file in the Department of
Planning.
2. In the event of demolition of the existing dwelling and replacement with a new structure or the
relocation of the existing dwelling to another portion of the site or any other land disturbing
activities proposed on this site, not including landscaping with the exception of fill material, a
site plan of any proposed improvements and/or renovations to the property shall be submitted
to the Development Services Center (DSC) of the Planning Department for review. No building
permits shall be issued until said plan has been approved by the DSC.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr.. John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 2009
I I
- 56 -
Item V-K.3.
PLANNING
ITEM # 58561
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED a
Subdivision Variance 94.4(b) that requires all newly created lots meet the requirements of the City
Zoning Ordinance (CZO) for BRUCE and KELLIE HENLEY re ajlag lot at Charity Neck and North
Muddy Creek Roads
APPLICATION OF BRUCE AND KELLIE HENLEY,
SUBDIVISION VARIANCE (LOT WIDTH), EAST SIDE
OF CHARITY NECK ROAD, APPROXIMATELY 1500
FEET SOUTH OF NORTH MUDDY CREEK ROAD
Application of Bruce and Kellie Henley, Subdivision
Variance Oot width), east side of Charity Neck Road,
approximately 1500 feet south of North Muddy Creek
Road (GPIN) 24127671810000). DISTRICT 7 -
PRINCESS ANNE.
The following condition shall be required:
1. The property shall be divided substantially as shown on the plat entitled "Subdivision of Lot
3, " dated October 24, 2008, prepared by Digital Survey Services, L.I.e., which has been
exhibited to the Virginia Beach City Council and is onfile in the Department of Planning.
2. The width and surface material for the driveway serving Lots 3-A and 3-B shall be subject to
approval by the Fire Department and shall be depicted on the site plan and any other
necessary documents as determined by the Development Services Center of the Planning
Department.
3. An ingress/egress easement providing use of the proposed ingress/egress for Lots 3-A and 3-
B shall be shown on the final subdivision plat.
February 24, 2009
II I'
- 57 -
Item V-K.3.
PLANNING ITEM # 58561 (Continued)
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Barbara M Henley
Council Members Absent:
None
Council Lady Henley ABSTAINED re application of BRUCE and KELLIE HENLEY east side of
Charity Neck Road, approximately 1500 feet south of North Muddy Creek Road. Council Lady Henley
DISCLOSED and ABSTAINED Pursuant to Section 2.2-3115(E), Code of Virginia; and, DECLARED
she has an ownership interest in that property. Council Lady Henley's correspondence of February 24,
2009, is hereby made a part of the record
February 24, 2009
I I'
City of Virgir1ia. Bea.ch
VBgov.com
BARBARA M. HENLEY
CITY COUNCIL MEMBER - PRINCESS ANNE - DISTRICT
7
PHONE: (757) 426-7501
BARBARA@BARBARAHENLEY.COM
Refer to File No. 0038170
February 24, 2009
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 declarations:
1. I am executing this written disclosure regarding City Council's discussion and vote
on the application of Bruce and Kellie Henley for a Subdivision Variance (lot width)
on the east side of Charity Neck Road, approximately 1500 feet south of North
Muddy Creek Road (GPIN 2412767181).
2. I have an ownership interest in that property and therefore will abstain from
participating in City Council's consideration of this matter.
I respectfully request that you record this declaration in the official records of City Council.
Thank you for your assistance in this matter.
3513 CHARITY NECK ROAD, VIRGINIA BEACH, VIRGINIA 23456
Mrs. Ruth Hodges Smith
II I
-2-
February 24, 2009
Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia
BMH/RRI
c: William Macali, Acting City Attorney
Sincerely,
tMw /fllUy
Barbara M. Henley
Councilmember
II I
- 58 -
Item V-K.4.
PLANNING
ITEM # 58562
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED,
Applications of JOHN RODGER BURNS at 3477 Muddy Creek Road: Variance to f4.4(b) of the
Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning
Ordinance (CZO) re constructing a dwelling in the floodplain and Floodvlain Variance re construction
fill and mitigation; subject to:
APPLICATIONS OF JOHN RODGER BURNS, SUBDIVISION
VARIANCE AND FLOODPLAIN VARIANCE. 3477 MUDDY CREEK
ROAD (GPIN: 2422047291).
Applications of JOHN RODGER BURNS, Subdivision Variance and
Floodplain Variance. 3477 Muddy Creek Road (GPIN: 2422047291).
DISTRICT 7 - PRINCESS ANNE
The following condition shall be required:
The property shall be divided substantially as shown on the plat entitled "Preliminary
Subdivision Plat of Howard E. Stover & Virginia G. Stover" dated July 24, 2008, prepared by
Gallup Surveyors and Engineers, Ltd., which has been exhibited to the Virginia Beach City
Council and is on file in the Department of Planning.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady Henley DISCLOSED re applications of JOHN RODGER BURNS), 3477 Muddy Creek
Road. Council Lady Henley DISCLOSED Pursuant to Section 2.2-3115(G), Code of Virginia; and
DECLARED she has an ownership interest in a parcel of adjacent property. The City Attorney has
advised she is able to participate in this transaction fairly, objectively, and in the public interest. Council
Lady Henley's correspondence of February 24, 2009, is hereby made a part of the record.
February 24, 2009
,~ I'
II I
,
City c:>f Virgirl..ia Beach
VBgov.com
BARBARA M. HENLEY
CITY COUNCIL MEMBER - PRINCESS ANNE - DISTRICT
7
PHONE: (757) 426-7501
BARBARA@BARBARAHENLEY.COM
Refer to File No. 0038169
February 24,2009
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia
Dear Mrs. Fraser:
Pursuant to the Virginia Conflict oflnterests Act, Section 2.2-3115(G), Code of Virginia, I
make the following declarations:
1. I am executing this written disclosure regarding City Council's discussion and vote
on the application of John Rodger Burns for a Subdivision Variance and Floodplain
Variance for property located at 3477 Muddy Creek Road.
2. I have an ownership interest in a parcel of property that is adjacent to 3477 Muddy
Creek Road.
3. Parcels of property owned by other individuals or entities are also located adjacent to,
and across from, 3477 Muddy Creek Road.
4. I am a member of a group (owners of property adjoining or across from 3477 Muddy
Creek Road), the members of which are affected by Council's consideration of this
application.
5. I am able to participate in this transaction fairly, objectively, and in the public
interest.
3513 CHARITY NECK ROAD, VIRGINIA BEACH, VIRGINIA 23456
I I
Mrs. Ruth Hodges Fraser, MMC
City Clerk
February 24, 2009
Page 2
Accordingly, I respectfully request that you record this declaration in the official records of
City Council.
Thank you for your assistance in this matter.
Sincerely,
fb/~t- Tn.~
Barbara M. Henley
Councilmember
BMH/RRI
c: William Macali, Acting City Attorney
I I
- 59-
Item V-K.5.
PLANNING
ITEM # 58563
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED,
Application of STEPHEN C. SWAIN for an Expansion of a Nonconforming Use re additions to a two-
story single family dwelling at 1107 Cedar Point Drive.
RESOLUTION UPON APPLICATION OF STEPHEN C. SWAIN
A UTHORIZING ENLARGEMENT OF A NONCONFORMING USE ON
PROPERTY LOCATED AT 1107 CEDAR POINT DRIVE (GPIN:
24186626280000)
Resolution upon application of STEPHEN C. SWAIN authorizing
enlargement of a Nonconforming Use on property located at 1107
Cedar Point Drive GPIN: 24186626280000) re additions to a two-story
single family dwelling at 1107 Cedar Point Drive.
DISTRICT 5 - LYNNHA VEN
The following conditions shall be required:
1. The additions to the single-family dwelling shall substantially adhere to the submitted
architectural floor plans entitled "ADDITIONS & ALTERATIONS TO THE SWAIN
RESIDENCE 1107 Cedar Point Drive Virginia Beach First Floor Plan A-1 and Second
Floor Plan A-2 ", dated July 07, 2008, and prepared by Folck West Architects. Said plan
has been exhibited to the City of Virginia Beach City Council and is on file in the
Planning Department. Interior room layout may be modified; however, the addition may
not extend beyond the footprint shown on the floor plans.
2. The additions to the single-family dwelling shall substantially adhere to the submitted
elevation plans entitled "ADDITIONS & ALTERATIONS TO THE SWAIN RESIDENCE
1107 Cedar Point Drive Virginia Beach Front & Rear Elevations A-4 and Side
Elevations A-5 ", dated July 07, 2008, and prepared by Folck West Architects. Said plan
has been exhibited to the City of Virginia Beach City Council and is on file in the
Planning Department.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 2009
III
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5
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A RESOLUTION AUTHORIZING THE
ENLARGEMENT OF A NONCONFORMING
USE ON PROPERTY LOCATED AT 1107
CEDAR POINT DRIVE, BEACH DISTRICT
WHEREAS, Stephen C. Swain (hereinafter the "Applicant") has made application
to the City Council for authorization to enlarge a nonconforming use by making
additions to and alterations of a single-family dwelling on a certain lot or parcel of land
having the address of 1107 Cedar Point Drive, in the R-10 Zoning District;
WHEREAS, the said use is nonconforming, as the parcel contains a single-family
dwelling and guesthouse constructed prior to the adoption of zoning regulations
prohibiting two such structures on the same lot; and
WHEREAS, pursuant to Section 105 of the city Zoning Ordinance, the
enlargement of a nonconforming use is unlawful in the absence of a resolution of the
City council authorizing such action upon a finding that the proposed use, as enlarged,
will be equally appropriate or more appropriate to the zoning district than is the existing
use;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council hereby finds that the proposed use, as enlarged, will be
equally appropriate to the district as is the existing use.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the enlargement of the single-family dwelling, by additions and alterations is
hereby authorized, upon the following conditions:
1. The additions to the single-family dwelling shall substantially adhere to the
submitted architectural floor plans entitled "ADDITIONS & ALTERATIONS
TO THE SWAIN RESIDENCE 1107 Cedar Point Drive Virginia Beach First
Floor Plan A-1 and Second Floor Plan A-2", dated July 07, 2008, and
prepared by Folck West Architects. Said plan has been exhibited to the
City of Virginia Beach City Council and is on file in the Planning
Department. Interior room layout may be modified; however, the addition
may not extend beyond the footprint shown on the floor plans.
2. The additions to the single-family dwelling shall substantially adhere to the
submitted elevation plans entitled "ADDITIONS & ALTERATIONS TO THE
SWAIN RESIDENCE 1107 Cedar Point Drive Virginia Beach Front & Rear
Elevations A-4 and Side Elevations A-5", dated July 07, 2008, and
prepared by Folck West Architects. Said plan has been exhibited to the
I II
47 City of Virginia Beach City Council and is on file in the Planning
48 Department.
49
50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day
51 of February ,2009.
-
APZ7;~~~;li:JY
City Att ney's 0 Ice
APPROVED AS TO CONTENT:
I II
- 60-
Item V-K.6.
PLANNING
ITEM # 58564
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council MODIFIED
PROFFERS Nos. 4, 6 and 10 to reduce parking spaces, enlarge and modernize the building and to
provide more green space, (approved by City Council on May 14, 1990) re Ordinance upon application
ofWAL-MART REAL ESTATE BUSINESS TRUST at 657 Phoenix Drive
ORDINANCE UPON APPLICATION OF WAL-MART REAL
ESTATE BUSINESS TRUST, RE MODIFICATION OF
PROFFERS, PREVIOUSLY APPROVED BY CITY COUNCIL ON
MAY 14, 1990, 657 PHOENIX DRIVE.
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of WAL-MART REAL ESTATE
BUSINESS TRUST at 657 Phoenix Drive re MODIFICATION OF
PROFFERS Nos. 4, 6 and 10 to reduce parking spaces, enlarge and
modernize the building and to provide more green space, (approved by
City Council on May 14, 1990) (GPIN: 1496387496)
DISTRICT 3 - ROSE HALL
The following condition shall be required;
An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court.
and is hereby made a part of the record.
These 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 Twenty-fourth of February, Two
Thousand Nine
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 2009
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-7293
FROM:
DATE: February 9, 2009
LeSlie~e~ DEPT: City Attorney
B. Kay Wilso __ DEPT: City Attorney
TO:
RE: Conditional Zoning Application; Wal-Mart Real Estate Business Trust
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on February 24, 2009. I have reviewed the subject proffer agreement, dated
December 8, 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/bm
Enclosure
cc: Kathle~ssen
I I'
Prepared by:
Troutman Sanders LLP
222 Central Park Avenue, Suite 2000
Virginia Beach, Virginia 23462
MODIFICA TION OF
COVENANTS, RESTRICTIONS AND CONDITIONS PROFFERED TO CITY OF
VIRGINIA BEACH
THIS MODIFICATION OF COVENANTS, RESTRICTIONS AND CONDITIONS
PROFFERED TO CITY OF VIRGINIA BEACH, made this J!J day of
'T\t'r4'~ l,d:.lotJr , 200ii, between WAL-MART REAL ESTATE BUSINESS TRUST,
a Delaware business trust ("Grantor") and the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia ("Grantee");
WITNESSETH:
WHEREAS, Grantor is the owner of the real property described on Exhibit A attached
hereto (the "Property"), which Property is currently zoned Conditional B-2, and is subject to certain
recorded covenants, restrictions, and conditions; and
WHEREAS, in April of 1990, Grantor's predecessors in interest (Robert M. Stein; Edward
S. Stein; Arthur H. Stein; Barbara S. Fischer; and Robert M. Stein (fiduciary under the Will and
Testament of Jack Stein, deceased) proffered certain covenants, restrictions, and conditions as part
of a conditional rezoning, as set forth in the "Covenants, Restrictions and Conditions Proffered to
City of Virginia Beach", dated April 3, 1990, and recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia (the "Clerk's Office") in Deed Book 2911 at page 654
(the "Original Proffers"); and
WHEREAS, Grantor desires to develop the Property in a manner that differs from the
terms specified in the Original Proffers; and
WHEREAS, Grantor desires to amend and modify three (3) of the covenants, restrictions,
and conditions set forth in the Original Proffers; and
WHEREAS, the conditions set forth in the Original Proffers may only be amended or
varied by written instrument recorded in the Clerk's Office and executed by the record owner of the
Property, provided that said instrument is consented to by the Grantee in writing as evidenced by a
certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a
public hearing properly advertised pursuant to Section 15.2-2204 of the Code of Virginia, 1950 (as
amended), which said ordinance or resolution shall be recorded along with the amendment as
conclusive evidence of such consent.
GPIN: 1496-38-7496-0000
I II
NOW, THEREFORE, the Grantor for itself, its successors, assigns, grantees, and other
successors in title or interest, voluntarily and without any requirement by or extraction from the
Grantee or its governing body and without any element of compulsion or quid pro quo for zoning,
rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration
of conditions and restrictions which shall restrict and govern the physical development, operation
and use of the Property, and hereby covenants and agrees that the tenus of this declaration shall
constitute covenants running with the said Property, which shall be binding upon the Property and
upon all parties and persons claiming under or through the Grantor, its heirs, personal
representatives, assigns, grantees and other successors in interest or title, namely:
1. Proffer Number 4, contained in the Original Proffers, is hereby amended and
restated in its entirety as follows:
"PROFFER 4. Any buildings to be constructed on the Property shall be constructed
in substantial conformance with the store rendering entitled "Walmart, Virginia Beach, Virginia #
1688" and dated September 25,2008, a copy of which has been contemporaneously delivered to the
City with this declaration; has been exhibited to the City Council; and is on record with the City
Planning Department."
2. Proffer Number 6, contained in the Original Proffers, is hereby amended and
restated in its entirety as follows:
"PROFFER 6. Upon and after completion of the improvements on the Property, the
off-street parking provided on the Property shall be in accordance with the requirements set forth
under the City of Virginia Beach Zoning Ordinance, as modified by any variance obtained from the
appropriate authority."
3. Proffer Number 10, contained in the Original Proffers, is hereby amended and
restated in its entirety as follows:
"PROFFER 10. The improvements on the Property shall be constructed in
substantial conformance with that site plan entitled "Site Layout Plan, Wal-Mart Store # 1688-06,
657 Phoenix Drive, GPIN 1496-38-7496, District 3 - Rose Hall, Virginia Beach Virginia",
prepared by Engineering Services, Inc., and dated October 30, 2008 (the "Site Plan"), which has
been exhibited to the City Council, and is on record with the Planning Department of the City.
Changes to the Site Plan as requested by the City in writing during site plan review, building permit
review and/or construction of the improvements shall be allowed."
4. All other covenants, restrictions and conditions proffered as part of the Original
Proffers shall remain unchanged and are incorporated herein by reference.
All references herein to zoning districts and to regulations applicable thereto refer to the
City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
modification of proffered covenants, restrictions and conditions is approved by the Grantee.
Page 2
II I'
I
The covenants, restrictions and conditions set forth above, having been proffered by the
Grantor and allowed and accepted by the Grantee, shall continue in full force and effect until a
subsequent amendment changes the zoning on the Property covered by such conditions; provided,
however, that such conditions shall continue despite a subsequent amendment if the subsequent
amendment is part of the comprehensive implementation of a new or substantially revised zoning
ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written
instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia and executed by the record owner of the subject Property at the time of recordation of such
instrument; provided further that said instrument is consented to by the Grantee in writing as
evidenced by a certified copy of an ordinance or resolution adopted by the governing 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
instrument as conclusive evidence of such consent.
The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia
Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the
City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i)
the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the
bringing of legal action or suit to ensure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the
failure to meet all conditions shall constitute cause to deny the issuance of any of the required
building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning
Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance or this
Agreement, the Grantor shall petition to the governing body for the review thereof prior to
instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map
the existence of conditions attaching to the zoning of the Subject Property on the map and that the
ordinance and the conditions may be made readily available and accessible for public inspection in
the office of the Zoning Administrator and in the Planning Department and 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.
[Remainder of page intentionally left blank. Separate signature page to follow.]
Page 3
II I
I
W AL-MART REAL ESTATE BUSINESS
TRUST, a Delaware business trust:
By: ~.;{ 7Yfd-
/ C.c.'.l'\ I\\,-clk f
Title: '" (.J/ Pre',t"di: 'If
STATE/GOMMON\'1EAL'lli OF
...cm'/COUNTY OF _~i' y'''\:'OI\
F\ r kd "~\CL, ..~
. to-wit:
The foregoing instrument was sworn to and acknowledged before me this -XL day of
n,){'( mb.:L 2008, by C {' J \ r'rVd L:> r . on behalf of Wal-Mart Real Estate
Business Trust. .
Witness my hand and official stamp or seal this ~ day 0(J.),e.~lnhtf2008.
.f'{)iI.~ QAj ~"
N ary blic
(SEAL)
My Commission Expires:
I' :~~AR~~PUB~~J~~R!~; ~~KA. N;. sl
BENTON COUNTY
My Commission Expires 10-19-2016
Commission #,!m750.!___
_............,...,,~'
Registration Number:
Page 4
I I
I
EXHIBIT A
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and
appurtenances thereunto belonging, lying situate and being in the Lynnhaven Borough of the
City of Virginia Beach, Virginia, being known, numbered and designated as Parcel 7, as shown
and designated on the plat entitled "SUBDIVISION & ROADWAY DEDICA TION PLAT OF
PARCEL 4, M.B. 160, PG. 31, D.B. 1944, PG. 449, D.B. 2717, PG. 1034, FOR ROBERT M.
STEIN, ET AL, OCEANA WEST INDUSTRIAL PARK, LYNNHAVEN BOROUGH,
VIRGINIA BEACH, VIRGINIA" dated June 26, 1990, and last revised August 8, 1990, made by
Langley and McDonald, P.C., which said plat is duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book 207, at page 79, reference to which
plat is hereby made for a more particular description of the property conveyed hereby.
AND BEING a portion of the same property conveyed to Wal-Mart Real Estate Trust deed from
Wal-Mart Stores Inc. dated October 31, 1996, and recorded October 16, 1997, in Deed Book
3799, page 1191, among the land records of the City of Virginia Beach, Virginia.
371123
Pal!e 5
I I I
- 61 -
Item V-K. 7.
PLANNING
ITEM # 58565
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED
Ordinance upon application of RE-BIRTH INTERNATIONAL MINISTRIES for a Conditional Use
Permit re a church at 5249 Challedon Drive
ORDINANCE UPON APPLICATION OF RE-BIRTH INTERNATIONAL
MINISTRIES, CONDITIONAL USE PERMIT FOR A CHURCH, 5249
CHALLEDON DRIVE (GPIN: 14665827010000) R020935316
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of RE-BIRTH INTERNATIONAL
MINISTRIES for a Conditional Use Permit re a church at 5249
Challedon Drive (GPIN: 14665827010000)
DISTRICT 2 - KEMPSVILLE
The following conditions shall be required:
1. Within one (1) year from the date of approval of this Conditional Use
Permit, the church shall construct the improvements depicted on the
artist's rendering entitled, "Exterior Renovation Concept: Re-Birth
International Ministries, " dated December 11, 2008, prepared by Barnes
Design Group, P.e., which has been exhibited to the Virginia Beach City
Council and is on file in the Department of Planning.
2. A Certificate of Occupancy shall be obtainedfrom the Building Official's
Office prior to occupancy.
3. Overflow parking may be accommodated on neighboring parcels,
subject to the written agreements provided with the Conditional Use
Permit application and on file with the Planning Department. While said
overflow parking provides the capability for the church to expand
beyond the 75 attendees permitted by the number of on-site parking
spaces, the ultimate maximum number of attendees shall be limited to the
final occupancy load as determined by the Building Official.
4. Streetscape landscaping, as described in the Landscaping Guide, City of
Virginia Beach, December 2002, shall be installed along Challedon
Drive where deemed appropriate by City staff to aid in screening
vehicles from the right-of-way.
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 Twenty-fourth of February, Two
Thousand Nine
February 24, 2009
II I
I
- 62-
Item V-K. 7.
PLANNING ITEM # 58565 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 2009
II I
- 63 -
Item V-K8.
PLANNING
ITEM # 58566
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED
Ordinance upon application of CRESCENT COMMUNITY CENTER for a Conditional Use Permit re
a church at 1401 Lynnhaven Parkway, Unit 101:
ORDINANCE UPON APPLICATION OF CRESCENT COMMUNITY
CENTER, CONDITIONAL USE PERMIT (CHURCH), 1401
LYNNHAVEN PARKWAY, UNIT 101 R020935317
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of CRESCENT COMMUNITY CENTER,
Conditional Use Permit (church), 1401 Lynnhaven Parkway, Unit 101.
(GPIN: 14857831340) DISTRICT 3 - ROSE HALL DISTRICT.
The following conditions shall be required:
1. The applicant shall comply with all applicable City requirements for building codes,
including fire safety and suppression, requiredfor a change of use from commercial to a
place of assembly prior to commencing church activities. This includes a Fire Inspection, a
Fire Code Permit and a Certificate of Occupancy from the Building Official's Office.
2. The number of congregants at any time shall not exceed the occupancy number for the unit as
established by the Fire Marshall
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 Twenty-fourth of February, Two
Thousand Nine
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 2009
~ ji
II I
- 64-
Item V-K.9.
PLANNING
ITEM # 58567
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of CARLA L. GRAHAM for a Conditional Use Permit re a Cosmetology
School at 5760 Princess Anne Road
ORDINANCE UPON APPLICATION OF CARLA L. GRAHAM,
CONDITIONAL USE PERMIT (COSMETOLOGY SCHOOL), 5760
PRINCESS ANNE ROAD R020935318
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of CARLA L. GRAHAM re a Conditional
Use Permit (cosmetology school), 5760 Princess Anne Road (GPIN:
1467041217).
DISTRICT 2 - KEMPSVILLE
The following condition shall be required:
1. The applicant shall obtain all necessary permits and inspections from the
Department of Planning / Permits and Inspections Division and the Virginia
Department of Health.
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 Twenty-fourth of February, Two
Thousand Nine
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 2009
II I
I
- 65 -
Item V-K.I0.
PLANNING
ITEM # 58568
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED
an Ordinance upon application of RICHMOND 20MHZ, L.L.C. d/b/a N TELOS for a
Conditional Use Permit re a communication tower at 345 North Great Neck Road:
ORDINANCE UPON APPLICATION OF RICHMOND 20MHZ, L.L.c.
D/B/A N TELOS, CONDITIONAL USE PERMIT, (COMMUNICATION
TOWER), 345 NORTH GREAT NECK ROAD R020935319
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of RICHMOND 20MHZ, L.L.c. D/B/A
N TELOS, re a Conditonal Use Permit (COMMUNICATION TOWER),
345 North Great Neck Road (GPIN: 1497959915)
DISTRICT 6 - BEACH
The following conditions shall be required:
1. The tower shall be constructed substantially as shown on the site plans entitled "nTelos
Telecommunications Facility; Chesopeian Colony (RMB-5428) ", prepared by Johnson,
Mirmiran & Thompson, dated December 1, 2008. The plans have been exhibited to City
Council and are on file with the Department of Planning.
2. The tower, including antennas and lightning rod, shall not exceed ninety-jive (95) feet in
height.
3. In the event interference with any City emergency communications facilities arises from the
use 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.
4. Should the antennas cease to be usedfor a period of more than one (1) year, the applicant
shall remove the antennas and their supporting tower and related equipment.
5. The Director of Planning may allow the installation of a type of antenna different from that
shown on the plans described in Condition No. 1 if the Director determines that the proposed
antenna type will (a) not result in any undue impact beyond the antenna type shown in the
submitted plan in the plan described in Condition No.1 and (b) meets all other relevant
requirements of Section 232 of the City Zoning Ordinance.
6. The applicant shall install a solid wood privacy fence around the proposed
telecommunication tower and/or ground equipment depicted on the final site plan, withfinal
approval at the discretion of the Planning Director. No barbed wire shall be permitted.
7. No signs indicating the location of this facility are allowed.
8. Existing trees on-site shall remain undisturbed and protected.
February 24, 2009
II I'
- 66-
Item V-K.I0.
PLANNING
ITEM # 58568 (Continued)
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 Twenty-fourth of February, Two
Thousand Nine
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24,2009
1.1 I
I
- 67-
Item V-Kll
PLANNING
ITEM # 58569
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ALLOWED
WITHDRA W AL of the Ordinance upon application of A TTOM DONUTS, INC. for a Conditional Use
Permit re a drive-through window for an eating and drinking establishment at 501 Laskin Road
ORDINANCE UPON APPLICATION OF ATTOM DONUTS, INC., RE
CONDITIONAL USE PERMIT (EATING AND DRINKING
ESTABLISHMENT WITH A DRIVE-THROUGH WINDOW), 501
LASKIN ROAD. AICUZ
Ordinance upon application of ATTOM DONUTS, INC., for a
Conditional Use Permit (eating and drinking establishment with a drive-
through window), 501 Laskin Road. (GPIN: 24189147690000) AICUZ
DISTRICT 6 - BEACH
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Abstaining:
James L. Wood
Council Members Absent:
None
Council Lady Henley DISCLOSED on ATTOM DONUTS, INC., 501 Laskin Road. Council Lady
Henley DISCLOSED Pursuant to Section 2.2-3115(E), Code of Virginia, and DECLARED the property
is owned by Murden Real Estate Trust, which is administered by Brian Ward Murden. Mr. Murden is
Council Lady Henley's second cousin. The City Attorney has advised she is able to participate without
restriction. Council Lady Henley's correspondence of February 24, 2009, is hereby made a part of the
record.
Councilman Wood ABSTAINED on this application of ATTOM DONUTS, INC. (Dunkin Donuts).
This is the same issue as the BURGER KING application (drive thrufood service) and only a block away
from that property. In the abundance of caution, Councilman Wood ABSTAINED, even though advised by
the City Attorney he could vote.
February 24, 2009
II I
City of Virgir1ia Beach
VBgov.com
BARBARA M. HENLEY
CITY COUNCIL MEMBER - PRINCESS ANNE - DISTRICT
7
PHONE: (757) 426-7501
BARBARA@BARBARAHENLEYCOM
In Reply Refer to 003 1890
February 24, 2009
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Regarding Attom Donuts, Inc.
Dear Mrs. Fraser:
I hereby make the following declaration:
1. I am executing this written disclosure regarding City Council's discussion and vote
on the application of Attom Donuts, Inc. for a Conditional Use Permit for property
located at 501 Laskin Road.
2. The property that is the subject of this transaction is owned by the Murden Real
Estate Trust, which is administered by Brian Ward Murden.
3. Mr. Murden is my second cousin. The Conflict oflnterests Act defines "immediate
family" as "(i) a spouse and (ii) any other person residing in the same household as
the officer or employee, who is a dependent of the officer or employee or of whom
the officer or employee is a dependent." Mr. Murden is not a member of my
"immediate family," nor is any other person with a financial interest in the Murden
Real Estate Trust.
4. Accordingly, the City Attorney has advised me that I may participate without
restriction in City Council's consideration of this application.
3513 CHARITY NECK ROAD. VIRGINIA BEACH, VIRGINIA 23456
II I
Mrs. Ruth Hodges Fraser
2
February 24, 2009
I respectfully request that you record this declaration in the official records of City
Council.
Thank you for your assistance in this matter.
Sincerely,
~. /11;*
Barbara M. Henley
Councilmember
BMH/RRI
cc: Acting City Attorney William Macali
II I
- 68 -
Item V-K.12
PLANNING
ITEM # 58570
The following registered to speak:
Raeford Eure, 901 Port Centre Parkway, Portsmouth, Virginia, Phone: 484-9670, President - Hoggard
Eure Associates, represented the applicant. The applicant wishes to continue to operate a drive-through
which they have been doingfor the past thirty-seven (37) years. As the use predates the Ordinance, the
current drive-through facility is grandfathered provided the applicant does not stop using the drive-
through for more than two (2) years or if a major renovation is plannedfor the site. As part of their
corporate maintenance program on a National level, Burger King plans to remove the current antiquated
facilities and replace them with new stores. This is considered a major renovation in view of the fact that
they are going to totally demolish the existing store but only after the new one is constructed. A
Conditional Use Permit to continue the drive-through use is necessary. The applicant has worked closely
with City Staff and the Resort Advisory Commission to address issues. With the site plan provided, the
applicant believes all the issues have been addressed, with the exception of the Gateway Study
requirement for a drive-through. The applicant has also met with the Linkhorn Park Civic League, who
has no objection to the project. Should this Conditional Use Permit be denied, Burger King will continue
to operate the existing facility in its current condition. The City would receive a right-oi-way dedication,
at no cost, and a beautiful new building if the drive-through is allowed.
Jeff Baker, Senior Regional Construction Manager, 936 East Sparrow Road, Phone: 322-7797,
represented Burger King Corporation and advised Burger King is currently in the process of expending
approximately $12- to $15-MILLION in this community. The drive-through represents approximately
sixty (60%) to seventy (70%) percent of the business. This store is projected to realize revenue of
approximately $2-MILLION per year.
Re the Strategic Area Plan, the City Manager advised the City is in active negotiation for a major
development about 1-12 blocks East of this location. In terms of the City's commitment and action, two
years ago, the City expended $ 14-MILLION building 30th Street in its particular configuration to
accommodate such a major development in the future. $ 12-MILLION has been budgeted in the Capital
Improvement Program to conduct the engineering and construction of Thirty-Second Street to be the
northern 'half of th is circulation system. The applicant is proposing a 2,563 square foot single story
suburban style drive-through restaurant on this site. The City's plan adopted in December is a
development that would encompass 120,000 square feet on this site and a return of 40 to 50 times the
Burger King's proposal.
A MOTION was made by Councilman Uhrin, seconded by Council Lady Wilson to ADOPT, AS
CONDITIONED, with a ten-(10) year time limit, the Ordinance upon application of BURGER KING
CORPORATION re a Conditional Use Permit with a drive-through window.
A SUBSTITUTE MOTION was made by Councilman Diezel, seconded by Councilman DeSteph to
approve, as submitted, the Ordinance upon application of BURGER KING CORPORATION for a
Conditional Use Permit with a drive-through window.
February 24, 2009
II I'
- 69-
Item V-K.12
PLANNING
ITEM # 58570 (Continued)
Councilman Davis made a motion to AMEND the SUBSTITUTE MOTOIN to approve with a 10-year
"Sunset Clause". There was no SECOND.
Councilman Diezel WITHDREW his motion, the Seconder would not WITHDRA W.
A SUBSTITUTE MOTION was made by Councilman Diezel, seconded by Councilman DeSteph, to
ADOPT, as conditioned, Ordinance upon application of BURGER KING CORPORATION for a
Conditional Use Permit with a drive-through window for an eating and drinking establishment at 524
Laskin Road:
Voting:
1-9 (LOST DUE TOA NEGATIVE VOTE)
Council Members Voting Aye:
William R. "Bill" DeSteph
Council Members Voting Nay:
Glenn R. Davis, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron
A. Villanueva and Rosemary Wilson
Council Members Abstaining:
James L. Wood
Council Members Absent:
None
In the abundance of caution, Councilman Wood ABSTAINED, even though advised by the City
Attorney he could vote.
February 24, 2009
II I
- 70-
Item V-K.12
PLANNING
ITEM # 58570 (Continued)
Councilman Uhrin and Council Lady Wilson WITHDREW the MAIN MOTION
Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council ADOPTED, AS
CONDITIONED, with a fifteen-(15} year Sunset Clause, Ordinance upon application of BURGER
KING CORPORATION for a Conditional Use Permit with a drive-through window for an eating and
drinking establishment at 524 Laskin Road:
ORDINANCE UPON APPLICATION OF BURGER KING
CORPORATION, CONDITIONAL USE PERMIT (EATING AND
DRINKING ESTABLISHMENT WITH DRIVE-THROUGH
FACILITIES), 524 LASKIN ROAD. ROAD R020935320
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of BURGER KING CORPORATION,
Conditional Use Permit (eating and drinking establishment with drive-
throughfacilities), 524 Laskin Road. (GPIN # 2418911948)
The following conditions shall be required:
1. The site shall be developed substantially in accordance with the submitted site plan entitled
"BURGER KING, 524 LASKIN ROAD, VIRGINIA BEAC, VIRGINIA ", prepared by
Hoggard-Eure Associates, P.e., and dated 10-XX-2008 except:
a. The Laskin Road streetscape shall be re-designed to reflect the street design of the
recently completed 30th Street Laskin Road Gateway (CIP # 2-076). This includes
paving design, plantings, street lighting and site furnishings.
b. The western side of the proposed building may ultimately become the predominately
viewed side when 32nd Street is connected to Laskin Road West of the property. The
planting design for the western side of the property shall be enhanced to appropriately
reduce the mass and scale to the western side of the building to the public. The applicant
shall work with the current Planning Division of the Planning Department to design an
appropriate landscape plan for the western side of the site.
c. The excess proposed parking over the minimum parking requirement shall be eliminated
along the Laskin Roadfrontage. The groups offour (4) parking spaces along the eastern
side and interior portion of the site and the eastern side of the building shall be
eliminated and replaced with landscaping and site furnishings, such as seating areas
and benches.
Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the
Planning Department. Modifications to the plan may be approved by the Planning Director
to accommodate the items listed above.
February 24, 2009
II I
- 71 -
Item V-K.12
PLANNING
ITEM # 58570 (Continued)
2. The architecture of the building shall be re-designed to reflect the architectural elements of
31 Ocean (the Hilton Hotel at 31st Street and Oceanfront) and the Old Beach Village (lofts
and condominiums at 30th Street and Baltic Avenue).
3. The existing free-standing sign shall be removed. The applicant may install a monument sign,
no more than eight (8) feet in height and similar in design to the Farm Fresh supermarket
sign South of the site.
4. This Conditional Use Permit shall be valid no more than fifteen (15) years from the date of
approval (February 24, 2009)
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 Twenty-fourth of February, Two
Thousand Nine
Voting: 9-1
Council Members Voting Aye:
Glenn R. Davis, Harry E. Diezel, Robert M Dyer, Barbara M Henley,
Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin,
Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
William R. "Bill" DeSteph
Council Members Abstaining:
James L. Wood
Council Members Absent:
None
In the abundance of caution, Councilman Wood ABSTAINED, even though advised by the City Attorney
he could vote
February 24, 2009
II I
- 72-
Item V-K.13
PLANNING
ITEM # 58571
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of METROTEC ASSOCIATES, INC. and ARVIND GOWDA for a
Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF METROTEC ASSOCIATES,
INC. AND ARVIND GOWDA, (R-10 RESIDENTIAL DISTRICT TO
CONDITIONAL A-12 APARTMENT DISTRICT), WESTERN
TERMINUS OF SHURNEY LANE. Z02091219
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of METROTEC ASSOCIATES, INC. AND
ARVIND GOWDA, for a Conditional Change of Zoning District
Classification (R-10 Residential District to Conditional A-12 Apartment
District), western terminus of Shurney Lane (GPIN: 14684443100000,-
14684431280000
DISTRICT 4 - BAYSIDE
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit
Court and is hereby made a part of the record.
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 Twenty-fourth of February, Two
Thousand Nine
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Mayor William D. Sessoms, Jr.
Council Members Absent:
None
Mayor Sessoms ABSTAINED on ME TROTEC ASSOCIATES, INC. and ARVIND GOWDA as the
applicant receives financial services from TowneBank of which he serves as the President.
February 24, 2009
II I
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-7081
FROM:
DATE: February 9, 2009
LeS0i11e~~ DEPT: City Attorney
B. Kay Wilso~ DEPT: City Attorney
TO:
RE: Conditional Zoning Application; Metrotec Associates, Inc.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on February 24, 2009. I have reviewed the subject proffer agreement, dated
August 19, 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/bm
Enclosure
cc: Ka~n Hassen
II I
PROFFER AGREEMENT
THIS AGREEMENT made this 19th day of August, 2008, by and between
METROTEC ASSOCIATES, INC. and ARVIND GOWDA property owners herein
collectively referred to as "GRANTORS," and THE CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, herein referred to as
"GRANTEE."
RECITALS
A. GRANTORS are the owners of certain parcels of real property located in
the Shumey Lane of the Bayside Borough of the City of Virginia Beach, Virginia,
hereinafter referred to as the "Property," comprising a total of approximately two (2)
acres, and more particularly described as follows:
See Exhibit "A"
B. The GRANTORS have initiated a conditional amendment to the zoning
Map of the City of Virginia Beach, Virginia, by petition addressed to the GRANTEE to
change the Zoning Classification of the Property from R-lO Residential District to A-12
Apartment (Conditional) zoning.
C. The GRANTEE'S policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation.
D. The GRANTORS acknowledge that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
different types of uses on and in the area of the Property and at the same time to
recognize the effects of change that will be created by the GRANTORS' proposed
rezoning, certain reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicable to land similarly zoned are
needed to resolve the situation to which the GRANTORS' rezoning application gives
TIse.
E. The GRANTORS desire to offer to the GRANTEE certain proffers as a
part of the proposed development of the Property, the following reasonable conditions
related to the physical development, operation, and use of the Property to be adopted as a
part of said amendment to the Zoning Map relative and applicable to the Property, which
has a reasonable relation to the rezoning and the need for which is generated by the
rezoning.
GPIN # 1468-44-4310-0000
GPIN # 1468-44-3128-0000
This Document Prepared by:
Kelsey Law, p.e.
4098 Foxwood Drive
Virginia Beach, V A 23462
Page 1 of6
II I
NOW, THEREFORE, and in consideration of the approval by the City of Virginia
Beach, of the proffers, GRANTORS assign GRANTEE, and other successors in title or
interest, voluntarily and without any requirement by or exaction from GRANTEE or its
governing body and without any element of compulsion or quid pro quo for zoning,
rezoning, site plan, building permit or subdivision approval, hereby make the following
declaration of conditions and restrictions which shall restrict and govern the physical
development, operation, and use of the Property and hereby covenants and agrees that
this declaration shall constitute covenants running with the Property, which shall be
binding upon the Property and upon all parties and persons claiming under or through the
GRANTORS, its successors, personal representatives, assigns, GRANTEE, and other
successors in interest or title. The GRANTORS agree that in developing the Property
they will meet and comply with the following proffers if accepted by the City of Virginia
Beach, Virginia:
1. The Property shall be developed substantially as shown on the site plan
entitled "DIAMOND HILL TOWNHOMES, PRELIMINARY PLAN,
VIRGINIA BEACH, VIRGINIA," (hereinafter "Site Plan"), dated October
10, 2008 as prepared by Gallup Surveyors & Engineers, LTD. The Site Plan
has ~een exhibited to the Virginia Beach City Council, and is on file with the
Virginia Beach Department of Planning.
2. When the Property is developed as proposed in the "DIAMOND HILL
TOWNHOMES Elevation Plan", (hereinafter "Elevation") the residential
structures shall have the architectural design and utilize building materials
substantially as depicted and designated on the Elevation. Exterior materials
include Hardy Boards, Exposed Bricks, Architectural Shingles, and M&W
Windows. The Elevation has been exhibited to the Virginia Beach City
Council, and is on file in the Virginia Beach Department of Planning.
3. The Property will be developed with no more than twelve (12) Townhouse
units, as depicted on the Site Plan. A Community Association shall be created
to maintain the curb landscaping, areas surrounding the BMP Pond, and the
privacy fences.
4. When the Property is developed it shall be landscaped substantially as
depicted on the Site Plan, which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning.
5. Further conditions may be required by the GRANTEE during detailed Site,
Plan review, and administration of applicable City Codes by all cognizant City
Agencies and departments to meet all applicable City Code requirements.
All references to the A-12 (Conditional) requirements and regulations applicable
thereto refer to the Comprehensive Zoning Ordinance, and Subdivision Ordinance of
the City of Virginia Beach, Virginia in force as of the date of approval of this
agreement by the City Council, which by reference are hereby incorporated.
Page 2 of6
'I I
The above conditions, having been proffered by the GRANTORS and allowed
and accepted by the GRANTEE as part of the amendment to the Zoning Ordinance,
shall continue in full force and effect until a subsequent amendment changes the
zoning of the Property, and specifically repeals such conditions. Such conditions
shall continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
executed by the record owner of the Property at the time of recordation of such
instrument, provided that such instrument is consented to by the GRANTEE in
writing. The writing is to be evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the GRANTEE, after a public hearing
before the GRANTEE. The public hearing is to be advertised pursuant to the
provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. The
ordinance or resolution shall be recorded along with said instrument as conclusive
evidence of such consent, and if not so recorded, said instrument shall be void.
The GRANTORS covenant and agree that:
1. The Zoning Administrator of the City of Virginia Beach, Virginia shall be
vested with all necessary authority, on. behalf of the governing body of the
City of Virginia Beach, Virginia, to administer and enforce the foregoing
conditions and restrictions, including the authority (a) to order, in writing,
any non-compliance with such conditions be remedied, and (b) 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 proceeding.
2. The failure to meet all conditions and restrictions shall constitute a cause
to deny the issuance of any of the required building or occupancy permits
as may be appropriate;
3. If aggrieved by any decision of the Zoning Administrator, and pursuant to
these provisions, the GRANTORS shall petition the governing body for
the review thereof prior to instituting proceedings in court.
4. The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property. The
ordinances and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator
and in the Planning Department. The ordinances and the conditions shall
be recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and indexed in the names of the GRANTORS
and the GRANTEE.
Page 3 of6
II I
WITNESS THE HAND AND SEAL OF THE UNDERSIGNED.
~~J~
METROTEC A OCIA TES, INC. by
Ram L. Gowda, President
The foregoing instrument was acknowledged, subscribed and executed before me this
--11!!."day of August, 2008 by Ram L. Gowda, President, Metrotec Associates, Inc.
My Commission Expires:
.-/1 ' (' I/u
() f.l-lt,tJ4l (' (/<--f.Y\
Notary Public (j
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: u:' ~ REG. ~.~ ~
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WITNESS THE HAND AND SEAL OF THE UNDERSIGNED.
~~
The foregoing instrument was acknowledged, subscribed and executed before me this
2. Z day of J..yc;,~~, 2008 by Arvind Gowda.
~'p"'CI'JI.~y
t(9~
My Commission Expires:
My commission Expires
March 14, 2012
Document Prepared By:
Kelsey Law, P.c.
4098 Foxwood Drive, Suite 200
Virginia Beach, V A 23462
Page 4 of6
'I I
WITNESS THE HAND AND SEAL OF THE UNDERSIGNED.
ME~~
Ram L. Gowda, President
The foregoing instrument was acknowledged, subscribed and executed before me this
~'day of August, 2008 by Ram L. Gowda, President, Metrotec Associates, Inc.
My Commission Expires:
tk4~~;:. KtJ~~
Notary Public (j
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WITNESS THE HAND AND SEAL OF THE UNDERSIGNED.
ARVIND GOWDA
The foregoing instrument was acknowledged, subscribed and executed before me this
_ day of August, 2008 by Arvind Gowda.
My Commission Expires:
Notary Public
Document Prepared By:
Kelsey Law, P.C.
4098 Foxwood Drive, Suite 200
Virginia Beach, V A 23462
Page 4 of6
II I
Exhibit "A"
Legal Description
Parcel I
ALL THAT certain piece, parcel or lot of land, lying situate and being in Bayside
Borough of the City of Virginia Beach, Virginia and known as Parcel C as shown on a
plat designated "Survey of Clark Property, made for H.C. Moore" by P.L. Smith, P.S.
dated June 7, 1959, which plat is duly recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, in Map Book 37, at page 49, and more
particularly described as follows:
Beginning at a pin situated on the edge of the right of way of Breathwaite Road thence .
running South 78 degrees 29 minutes E. 408.9 feet to an old pin; thence running North 5
degrees 0 minutes W. 79 feet to a pin; thence running North 89 degrees 92 minutes E.
567.1 feet to a pin on the edge of the right of way of Breathwaite Road; thence along the-
edge of the right of way of said Road, North 18 degrees 18 minutes E. 170.15 feet to the
point of beginning.
Parcel 2
ALL THAT CERTAIN LOT, piece or parcel of land, situate, lying and being in the City
of Virginia Beach, Virginia and being known, numbered and designated as Lot E, as
shown on that certain plat entitled. "SUBDIVISION OF PROPERTY SHOWN IN DB
814 PG 80, VIRGINIA BEACH, VIRGINIA", made by Beck Associates, P.C., Civil
Engineers and Land Surveyors, which said plat is duly recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number
200509080144090.
Page 6 of 6
II I
- 73 -
Item V-K.14
PLANNING
ITEM # 58572
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of PRINCESSBORO COMPANY, INC. for a Change of Zoning District
Classification from AG-l Agricultural District to Conditional 0-2 Office and Conditional B-2
Community Business District re office and retail space:
ORDINANCE UPON APPLICATION OF P RINCESSBORO COMPANY,
INC., CHANGE OF ZONING DISTRICT CLASSIFICATION. AG-1
AGRICULTURAL DISTRICT TO CONDITIONAL 0-2 OFFICE AND
CONDITIONAL B-2 COMMUNITY BUSINESS DISTRICT. EAST SIDE
OF PRINCESS ANNE ROAD, APPROXIMATELY 600 FEET SOUTH
OF SANDBRIDGE ROAD Z02091220
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of PRINCESSBORO COMPANY, INC.,
Change of ZoninJ! District Classification, AG-1 Agricultural District to
Conditional 0-2 Office and Conditional B-2 Community Business
District. East side of Princess Anne Road, approximately 600 feet south
of Sandbridge Road (GPIN: 24142138720000 portion of and
24143151380000 portion of)
DISTRICT 7 - PRINCESS ANNE
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit
Court and is hereby made a part of the record.
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 Twenty-fourth of February, Two
Thousand Nine
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 2009
I I
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-7081
TO:
DATE: February 9,2009
leslie ~~ DEPT: City Attorney
B. Kay Wils _ . DEPT: City Attorney
FROM:
RE: Conditional Zoning Application; Princessboro Development, Inc.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on February 24,2009. I have reviewed the subject proffer agreement, dated
January 20, 2009 and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/bm
Enclosure
cc: Kathleen ~sen
PREPARED BY;
II I
PRINCESSBORO DEVELOPMENT COMPANY, INC., a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CI1Y OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 20th day of January, 2009, by and between
PRINCESSBORO DEVELOPMENT COMPANY, INC., a Virginia corporation, Grantor; and
THE CI1Y OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of two (2) contiguous parcels of property
located in the Princess Anne District of the City of Virginia Beach, designated as Parcel 1
containing 13.393 acres and Parcel 2 containing 9.720 acres and described in Exhibit "A"
attached hereto and incorporated herein by reference, said properties being hereinafter
referred together as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of
the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the
Zoning Classifications of the Property from AG-l and AG-2 to Conditional B-2 Commercial
District and Conditional 0-2 Office District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of the
Property and at the same time to recognize the effects of change, and the need for various
types of uses, certain reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicable to land similarly zoned are
needed to cope with the situation to which the Grantor's rezoning application gives rise; and
GPIN: 2414-21-3872
IIIBSYJ{[s. IJOURDON. 2414-31-5138 (Part ot)
.. AHrnN & U:vv. P.c.
1
PREPARED BY:
II S~[S. BOURDON.
AHfRN & ll:VY. P.C
I I
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map, in addition to the regulations provided for the B-2 and 0-2 Zoning Districts
by the existing overall Zoning Ordinance, the following reasonable conditions related to
the physical development, operation, and use of the Property to be adopted as a part of
said amendment to the Zoning Map relative and applicable to the Property, which have a
reasonable relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, representatives, assigns,
grantees, and other successors in title or interest, voluntarily and without any requirement
by or exaction from the Grantee or its governing body and without any element of
compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision
approval, hereby makes the following declaration of conditions and restrictions which
shall restrict and govern the physical development, operation, and use of the Property and
hereby covenants and agrees that this declaration shall constitute covenants running with
the Property, which shall be binding upon the Property and upon all parties and persons
claiming under or through the Grantor, its successors and assigns, grantees, and other
successors in interest or title:
1. When the Property is developed, it shall be developed substantially as shown
on the exhibits entitled "CONCEPT PLAN OF PRINCESSBORO DEVELOPMENT
SANDBRIDGE" and "ENTRANCE AND STREETS CAPE EXHIBIT PROPOSED
SANDBRIDGE MARKETPLACE FOR PRINCESSBORO DEVELOPMENT", dated
01/07/09, prepared by Hoggard/Eure Associates, P.C., which have been exhibited to the
Virginia Beach City Council and are on file with the Virginia Beach Department of
Planning (hereinafter collectively referred to as the "Conceptual Site Plan").
2. When those portions of the Property zoned B-2 Commercial are developed
they shall be in accordance with the restrictions and requirements of the B-2 zoning
district as specified in Article 9 of the Comprehensive Zoning Ordinance of the City of
Virginia Beach, Virginia at the time of development. In addition to those standards which
are mandatory, all development, except that which can only take place upon the approval
of a Conditional Use Permit by Virginia Beach City Council, shall also adhere to the
following provisions of Article II, Subsection D "DESIGN, ETC. STANDARDS FOR
RETAIL ESTABLISHMENTS AND SHOPPING CENTERS" of the Comprehensive Zoning
Ordinance of the City of Virginia Beach, Virginia:
2
PREPARED BY:
II Sn:rs. ROURDON.
AJlrnN & lM. P.c.
I I
A. Section 245 (all applicable subsections);
B. Section 246(d)(5);
C. Section 246(e)(I).
3. When any of the Property is developed, the architectural features, building
materials and the quality level of the buildings constructed shall be comparable to the
quality levels depicted in the renderings entitled "BUILDING TYPES - PHOTOGRAPHS &
RENDERINGS, SANDBRIDGE MARKETPLACE, October 25, 2008, ("Commercial
Rendering" and "Office Rendering") which have been exhibited to the City Council and are
on file in the Department of Planning. Deviations from the Renderings are anticipated and
may be allowed provided the quality levels are the same or higher than depicted in the
rendering. The renderings are demonstrative of the quality intended by the Grantor.
4. When any of the Property is developed, all the freestanding signage shall be
no greater than six feet (6') in height, shall not be internally illuminated and shall be of
substantially similar design and quality as those depicted on the pictorial renderings
entitled "FREESTANDING SIGN OPTIONS "A", "B" and "c" SANDBRIDGE
MARKETPLACE, October 25, 2008", ("Freestanding Sign Renderings") which have been
exhibited to the City Council and are on file in the Department of Planning.
5. When the Property is developed, a ten foot (10') wide Category IV Landscape
Buffer will be provided and planted in accordance with the City's "Landscape Screening
and Buffering Specifications and Standards" adjacent to the southern property line.
6. Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
All references hereinabove to the AG-l, AG-2, B-2 and 0-2 Districts and to the
requirements and regulations applicable thereto refer to the Comprehensive Zoning
Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of
the date of approval of this Agreement by City Council, which are by this reference
incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is
3
PREPARED BY:
_ SYIIlS. nOVRDON.
.. ADrnN & llVY. P.c.
I I
part of a comprehensive implementation of a new or substantially revised Zoning
Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
Property at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code
of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied, and (b) 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 proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantor shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed
in the names of the Grantor and the Grantee.
4
PREPARED BY:
BB SYJ(fS. 1l0URDON.
.. AIJrnN & IJ:VY. P.c.
II I
WITNESS the following signature and seal:
Grantor:
Princessboro Development Company, Inc.,
a Virginia corporation
By: ~ ~L" f).,:,,/.,::+
C. M'chael sher, President
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 26th day of January,
2009, by C. Michael Fisher, President of Princessboro Development Company, Inc., a
Virginia corporation, Grantor.
A ~il d:t"rtd0-
. '~,4L" ',j 'I
Notary Public
My Commission Expires:
Notary Registration No.:
August 31, 2010
192628
5
PREPARED BY:
lIB syn:s. ROURDON.
.. AlIrnN & Lffi'. P.c.
II I
EXHIBIT "A"
PARCEL 1:
ALL THAT certain lot, piece or parcel of land with any improvements thereon, situate,
lying and being in the City of Virginia Beach, Virginia, and being known, numbered and
designated as Parcel D-1, as shown on that certain plat entitled, "SUBDIVISION OF
PARCEL C-1-Y, PARCEL C-2 PROPERlY OF PRINCESSBORO DEVELOPMENT CO.,
INC.", prepared by MSA, P.C., dated August 5, 2005, which said plat is duly recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument
# 20051229002079030.
GPIN: 2414-21-3872
PARCEL 2:
ALL THAT certain portion or a parcel of land with any improvements thereon, situate,
lying and being in the City of Virginia Beach, Virginia, being a 9.720 acre portion of that
property known and designated as PARCEL D-2, on that certain plat entitled,
"SUBDIVISION OF PARCEL C-1-Y, PARCEL C-2 PROPERTY OF PRINCESSBORO
DEVELOPMENT CO., INC.", prepared by MSA, P.C., dated August 5, 2005, which said
plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, as Instrument # 20051229002079030. Said portion of PARCEL D-2 is more
particularly described as follows:
BEGINNING at the southeast corner of Parcel D-2 as depicted on the plat entitled
"SUBDIVISION OF PARCEL C-1-Y, PARCEL C-2 PROPERTY OF PRINCESSBORO
DEVELOPMENT CO., INC.", dated August 5, 2005 and recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia as Instrument No.
20051229002079030, and from this POINT OF BEGINNING running along the shared
boundary between PARCEL D-2 and PARCEL D-1 as depicted on the afore referenced plat
North 400 29' 12" East, a distance of 741.25 feet to a point along the southern boundary of
PARCEL D as depicted on the plat entitled "SUBDMSION OF PARCEL C-1-Y , PARCEL
C-2" as recorded in the afore referenced Clerk's Office as Instrument No.
20051229002075030; thence turning and running South 490 30' 48" East, a distance of
566.95 feet to a point; thence continuing in a southwesterly direction along the arc of a
curve having a radius of 857.69 feet an arc distance of 37.01 feet to a point; thence
continuing in a southwesterly direction along the arc of a curve having a radius of 172.42
feet an arc distance of 112.44 feet to a point; thence continuing in a southwesterly direction
along the arc of a curve having a radius of 425.76 feet an arc distance of 9.58 feet to a
point; thence turning and running South 070 26' 20" East, a distance of 173.52 feet to a
point; thence turning and running South 200 39' 32" West, a distance of 311.40 feet to a
point along the shared boundary between PARCEL D-2 as depicted on the afore referenced
Subdivision of "PARCEL C-1-Y" and "PARCEL C-2" and property now or formerly owned
by Munden & Associates, L.P.; thence turning and running along said shared boundary
6
PREPARED BY:
II SYIiIS. 1l0URDON.
AllrnN & llVY. P.C
I I
North 630 22' 18" West, a distance of 774.61 feet to the POINT OF BEGINNING. Said
Zoning Parcel contains approximately 9.720 Acres.
GPIN: 2414-31-5138 (Part of)
ConditionaIRezone/PrincessboroDevelopment/Proffer5- Clean
Rev_l/2o/09
7
I I
- 74-
Item V-K.15.
PLANNING
ITEM # 58573
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ALLOWED
WITHDRAWAL of the Ordinance upon application of WELDENFIELD OF VIRGINIA, L.L.c. for a
Chanze of Zoning District Classification from 1-1 Light Industrial District, R-5D Residential Duplex
District and 0-2 Office District to Conditional R-7.5 Residential District with a PD-H2 Overlay at
Regent University Drive and Jake Sears Road.
ORDINANCE UPON APPLICATION OF WELDENFIELD OF
VIRGINIA, L.L. C. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM 1-1 LIGHT INDUSTRIAL DISTRICT, R-5D
RESIDENTIAL DUPLEX DISTRICT AND 0-2 OFFICE DISTRICT TO
CONDITIONAL R-7.5 RESIDENTIAL DISTRICT WITH A PD-H2
OVERLAY
Ordinance upon application of Welden field of Virginia, L.L. C. for a
Chanze of Zoning District Classification from 1-1 Light Industrial
District, R-5D Residential Duplex District and 0-2 Office District to
Conditional R-7.5 Residential District with a PD-H2 Overlay on
property located at the northwest intersection of Regent University Drive
and Jake Sears Road (GPINs 1455571149; part of 1455666408).
DISTRICT 1 - CENTERVILLE
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M
Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Robert M Dyer
Council Members Absent:
None
Councilman Dyer ABSTAINED on Welden field of Virginia, L.L.c. , as he is employed by Regent
University.
February 24, 2009
I I
- 75 -
Item V-L.J.
APPOINTMENTS
ITEM # 58574
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Suzanne S. Love
Esther A. Martin
3 Year Terms
4/1/09 - 3/31/12
HEALTH SERVICES ADVISORY BOARD
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 2009
II I
- 76-
Item V-L.2.
APPOINTMENTS
ITEM # 58575
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Alicia C. B. F. Bobulinski
William A. Dyson, Sr.
Fay B. Silverman
3 Year Terms
4/1/09 - 3/31/12
HUMAN RIGHTS COMMISSION
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 2009
II I
- 77-
Item V-L.3.
APPOINTMENTS
ITEM # 58576
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Glenn R. Davis
1 Year Term
4/1/09 - 3/31/10
PLANNING COUNCIL
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 2009
III I
- 78 -
Item V. O.
ADJOURNMENT
ITEM # 58577
Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:55 P.M.
~__t2_:6l-!/~
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
(2~JlJ!.~./
'-Z:Hodges Fraser, MMC
City Clerk
William D. Sessoms. Jr.
Mayor
City of Virginia Beach
Virginia
February 24, 2009
II I
- 78 -
Item V.O.
ADJOURNMENT
ITEM # 58577
Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6: 55 P.M.
~__~:_rq~_~~~
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
?vr~k-
William D. Sessoms, Jr.
Mayor
City of Virginia Beach
Virginia
,r
February 24, 2009