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NOVEMBER 24, 2009CITY COUNCIL MAYOR WILL/AM D. SESSOMS ,JR., At -Large 67CE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, Al -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER„ Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER JAMES K. SPORE CITY ATTORNEY MARK D. STILES CITY ASSESSOR -- JERALD BANAGAN CITY AUDITOR- LYNDONS. REMIAS CITY CLERK R t /TH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 24 NOVEMBER 2009 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.com I. CITY COUNCIL'S BRIEFING: II. A. - Conference Room - OFFICE OF VOLUNTEER RESOURCES — Annual Report Mary Russo, Director CITY MANAGER'S BRIEFINGS: A. 29TH STREET SEWER PUMP STATION LAND TRANSFER TO HAMPTON ROADS SANITATION DISTRICT (HRSD) Gary Jones, Engineering Manager — Public Utilities B. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. B. C. CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION 3:00 PM 5:00 PM VI. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Clarence McPherson Turning Point Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 10, 2009 G. FORMAL SESSION AGENDA H. CONSENT AGENDA I. PUBLIC HEARING 1. LASKIN ROAD GATEWAY PHASE I -A Acquisition by Agreement or Condemnation J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 12-49.1 of the City Code re the Fire Marshall's permits and inspection fees 2. Ordinance to CONFIRM the Declaration of Local Emergency re threats posed by the November 12, 2009, Nor'Easter coastal flooding event. 3. Resolution to REQUEST the Secretary of the Navy consider basing its new Naval Littoral Combat Ships (LCS), including the command organization and floating assets, at the Joint Expeditionary Base Little Creek -Fort Story (JEBLC-FT). 4. Resolution to RECOGNIZE the One Hundred Fiftieth Anniversary of Ebenezer Baptist Church and DECLARING November 16, 2009, as "Ebenezer Baptist Church Day". K. PLANNING 1. Application of FITNESS 5, INC.BELL PARTNERS, INC. for a Conditional Use Permit re an indoor recreational facility (fitness center) at 1079 Independence Boulevard. DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 2. Application of NAN WISNIEWSKI for a Conditional Use Permit re a residential kennel at 2548 Potters Road. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 3. Application of LIVING WORD GOSPEL CHURCH/LYNN SHORES, L.L.C. for a Conditional Use Permit re a church at 332 and 334 Lynn Shores Road. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 4. Application of GREGORY P. MARSHALL/SALVATORE TADDEO (new owner) and JAMES STUART SIM for a Conditional Use Permit re a community boat dock at 1905 Woodside Lane. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 5. CITY OF VIRGINIA BEACH Ordinances to AMEND: a. Section 501 of the City Zoning Ordinance (CZO) re permissible floor area for accessory structures RECOMMENDATION APPROVAL b. Section 4.1 of the Subdivision Regulations re roadway radius of cul-de-sac streets RECOMMENDATION APPROVAL L. APPOINTMENTS: BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PLANNING COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 1. ABSTRACT OF VOTES — General Election of November 3, 2009 0. ADJOURNMENT Gloria 11/24/09gw www vhnnv cnm City Council Sessions December 1 and 8 — Informal and Formal Sessions Town Hall Meetings - 2010-11 Municipal Budget Thursday, December 3, 7:00 PM Kellam High School, 2323 Holland Road If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 * * * * * * * * * * * 1 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 24, 2009 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL'S BRIEFING re the OFFICE OF VOLUNTEER RESOURCES - Annual Report in the City Council Conference Room, Tuesday, November 24, 2009, at 3:00 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, Rosemary Wilson and James L. Wood Council Members Absent: Ron A. Villanueva [Entered: 3:10 P.M.] November 24, 2009 -2 - CITY COUNCIL'S BRIEFING OFFICE OF VOLUNTEER RESOURCES — ANNUAL REPORT 3:00 P.M. ITEM # 59394 Mary Russo, Director — Office of Volunteer Resource, presented their Annual Report encompassing Annual Statistics and Achievements (Fiscal Year 2008 — 2009) Excellence Million Dollar Club Fiscal Year 2008/2009 Hours Value Emergency Medical Services 425,404 7,859,568 Sheriff 481,862 4,701,478 Parks and Recreation 169,547 1,794,534 • Museums & Historic Preservation ❖ Agriculture • Fire & VBCERT ❖ Human Services ❖ Public Libraries • Juvenile Court Services Unit ❖ Police •S Convention & Visitors Bureau ❖ Economic Development • Cultural Affairs Over Achievers $100,000 and Over Performance Fiscal Year Number of Volunteers Hours Worked FTE Equivalent Dollar Value Avoided Real Estate Tax Rate 08/09 18,186 1,343,521 650 $ 18,576,158 < 3.50 November 24, 2009 -3 - CITY COUNCIL'S BRIEFING OFFICE OF VOLUNTEER RESOURCES — ANNUAL REPORT ITEM # 59394 (Continued) I/olunteer Sta t st cs Total Volunteer Records' 6808 Active 3743 Applicant. 46 Inactive 3115 Volunteer Average time in status Active (years/days) 21231 Volunteer' s Average time Applicant (years/days) 0/119 Example: Active 2 years/ 231 days Inactive (years/days) 1/141 The total is broken down into active, applicant and inactive records. Volunteer Average Hours per month Up to 10 41-72+ * Records represent both individual and group volunteers Volunteer 's Average hours in a time period. 33081 Example: up to 10 hours per month and gg1 41- 72 hours per month Visions for the Future of Volunteering ❑ Going Green • Raise awareness among our community through Volunteering to reduce our environmental footprint U Public Relations • Continuous collaboration with Media & Communications Group and Multimedia Services ❑ Volgistics Training • Advance the knowledge level for producing Volgistics' statistical reports as tools to assist with volunteer management Mrs. Russo expressed appreciation to Susan Walston - Deputy City Manager; Linda Minner - Media Communications; Mary Freeman, Staffs for the Volunteer Office and Deborah A. Wellington, who was unable to attend. Deborah created the Volgistics data base. Mrs. Russo presented Mayor Sessoms with a symbolic check in the amount of $18,576,158, representing the dollar value of the hours contributed by the Volunteers. Councilman Wood distributed a highlighted graph depicting Departments, Volunteer Total and the budget of that particular department. He cited Public Works as having only one (1) Volunteer and a $98,349,569, Budget. Councilman Wood requested the City Manager encourage Departments to utilize Volunteers wherever and whenever possible. Councilman Wood is proud to be the Liaison to Volunteer Resources. November 24, 2009 -4 - CITY MANAGER'S BRIEFING 29"' STREET SEWER PUMP STATION LAND TRANSFER TO HAMPTON ROADS SANITATION DISTRICT (HRSD) 3:13 P.M. ITEM # 59395 The City Manager introduced Gary Jones, Engineering Manager — Public Utilities, who detailed information re the 29th Street Sewer Pump Station Land Transfer to Hampton Roads Sanitation District. Hampton Roads Sanitation District (HRSD) Property Dedication • City staff recommends the vacant City -owned lot adjacent to the HRSD sewer pump station at 29th Street be dedicated to HRSD in exchange for aesthetic and capacity improvements of the pump station site and facility. • The site is a 3,000 SF lot on the West side of Arctic Avenue between 2e and 29th Street. The site is a nonconforming lot due to its small size and has limited potential for development. Tex Parcel 24280103080000 2903 ARCTIC.A Tex ai 242801 302 29\ HRSD Pump Station Site Tax Parcel: 428012223000 Tax Parcel 418919201000 814 ARCTIC A Tax Parcel - 428011221000 312 29TH ST e TaxParcel: 428Q10138000 6 29T1ST STE Tax Parcel: 418919113000 4. Ta,x Parcel, i • 24280 28660000 304 28T14 ST STE CM • November 24, 2009 1 -5- CITY MANAGER'S BRIEFING 29`" STREET SEWER PUMP STATION LAND TRANSFER TO HAMPTON ROADS SANITATION DISTRICT (HRSD) ITEM # 59395 (Continued) 29TH Street HRSD Pump Station Vacant Ci Lot next to HRSD Pump Station November 24, 2009 -6 - CITY MANAGER'S BRIEFING 29111 STREET SEWER PUMP STATION LAND TRANSFER TO HAMPTON ROADS SANITATION DISTRICT (HRSD) ITEM # 59395 (Continued) Background Information • The HRSD sewer pump station currently serves the entire Beach Resort Area • Due to its criticality and to ensure compliance with the Regional Special Order of Consent, the Department of Public Utilities recommends HRSD perform needed capacity enhancements • Due to the proximity of the Laskin Gateway project, the City would like HRSD to improve the pump station facade and perform general site improvements • HRSD is willing to improve the site's aesthetics and implement needed capacity upgrades in exchange for the City dedicating the neighboring City -owned property for future expansion or replacement of the pump station facilities • An agreement between HRSD and the City has been drafted Strategic Growth Areas and Capacity -Limited Areas Virginia React, CPU Capacity Assurance Program Capacity Evaluation Map - 1 Year Return Flows rreammary uran May 5, 2009 Key Provisions of the Agreement Legend • After execution of the Agreement, parcels will be merged • HRSD will initiate a Phase II Environmental Report • Upon approval of the Environmental Report, HRSD will have an Improvement Plan drafted that will be consistent with the Laskin Gateway Design Guidelines November 24, 2009 -7 - CITY MANAGER'S BRIEFING 29`" STREET SEWER PUMP STATION LAND TRANSFER TO HAMPTON ROADS SANITATION DISTRICT (HRSD) ITEM # 59395 (Continued) Key Provisions of the Agreement • HRSD also agrees to install a backup generator and periodically evaluate on-site piping, pump and wet well capacity on an as -needed basis • Upon approval of HRSD's plans, the City will convey the property to HRSD • The City may re -acquire the property at no charge if. • HRSD ceases to use the Property for a period of (30) days, or • HRSD fails to complete the Improvements within two (2) years Recommendation • Recommend the City Manager be authorized to sign the Agreement with HRSD for the expansion and improvement of the HRSD Arctic Avenue Sanitary Sewer Pump Station The City Manager advised this item will be scheduled for the City Council Agenda December 1, 2009. November 24, 2009 -8 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT 3:25 P.M. ITEM # 59396 Patricia Phillips, Director of Finance, presented information re the FY 2010 Interim Financial Statements for the City and School Board for the three months July 1 through October 21, 2009. Mrs. Phillips recognized Don Barnett — Comptroller, and Loretta Brown — Executive Assistant 100% 80% I 60 % ; 40% 20% 0% Overview 1 FY 2010 General Fund Revenues 1 FY 2010 General Fund Expenditures 1 Limited Projections 1 Next Steps FY 2010 Year To Date General Fund Revenues Compared to Historic Trend October 31, 2009 100.0% Jul Aug Sep Oct Nov --•—Rev Trend Dec Jan Feb Mar Apr —44.% of FY10 Rev Budget FY 2010 — General Fund Revenues • Total Revenue follows the Trendline • Several items are on a 2- 3 month lag • Real Estate installments due December 5 and June 5 • Business license tax (BPOL) due in March • Personal Property tax due June 5 May Jun 3 November 24, 2009 ACTUAL= $150.3M BUDGET = $1,044.8M 71.3% 45.4% 49.5% 55.3% 58.3% 42.3%. 24.2% 1.9% 14.4% 9.7% 4.4% 14.0% 9.5% 70, 52% Jul Aug Sep Oct Nov --•—Rev Trend Dec Jan Feb Mar Apr —44.% of FY10 Rev Budget FY 2010 — General Fund Revenues • Total Revenue follows the Trendline • Several items are on a 2- 3 month lag • Real Estate installments due December 5 and June 5 • Business license tax (BPOL) due in March • Personal Property tax due June 5 May Jun 3 November 24, 2009 c 0 3 5600 5500 — $400 — -9- CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT 6377.5 ITEM # 59396 (Continued) Real Estate Revenues October 31, 2005 - 2009 6439.0 FAVORABLE TREND FY 2006 FY 2007 FY 2008 FY 2009 I® Actual C&I.cUon. YTD —.—% of Total Dec 5 billing = $239.7M ($5.8M less than FY 2009) 0 0 0 O 590 580 570 060 663.0 Personal Property Taxes October 31, 2005 - 2009 366.0 FAVORABLE TREND 671.6 FY 2010 100% 10% 1% 0% FY 2006 FY 2007 FY 2008 FY 2009 esii=iAotual Collections IMIIYTD —'r+% of Total FY 2010 %of Total Collections 100% 76% 60% 25% 0% % of Total Collections 6 November 24, 2009 1 2.6% down from FY09 Revenues S Million 970 960 $60 040 Sao 920 910 9D 030 - 10 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM# 59396 (Continued) General Sales Taxes October 31, 2005 - 2009 926 — FY 2006 921.0 FY 2007 FY 2008 FY 2009 =Actual Collections MIYTD —Ca+% of Total Hotel Room Taxes October 31, 2005 - 2009 UNFAVORABLE TREND FY 2010 BUDGET rc FY 2008 FY 2007 FY 2008 FY 2009 Actual Collections YTD of Total FY 2010 100% 76% 60% 26% 0% 100% 80% 0 0 60%Y 3 V E 40% 2 88 20% 0% % of Total Collections November 24, 2009 CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM# 59396 (Continued) Restaurant Meal Taxes October 31, 2005 - 2009 $60 100% UNFAVORABLE TREND 1.35% Down from FY09 $60 =Actual collections e�YT0 aa+—% of Total Utility Taxes October 31, 2005 - 2009 UNFAVORABLE TREND 1.6% Up from FY09 100% FY 2006 FY 2007 FY 2008 FY 2009 ®Arcual collections •• YTD of Total FY 2010 % of Total Collections % of Total Collections November 24, 2009 - 12 CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 59396 (Continued) Summary of General Fund Revenues (In Millions) October 31, 2009 Real Estate Taxes Personal Property Taxes Public Service (RE and PP) Penalty and Interest (RE and PP) General Sales Tax Utility and Franchise Taxes Business Licenses Hotel Taxes Restaurant Taxes Automobile Licenses Other Local Revenues State Rewnues Federal Rewnues $472.0 $ 20.8 62.4 12.5 6.8 4.9 1.6 51.1 14.0 55.3 11.0 40.6 1.0 23.9 14.3 49.8 18.4 9.1 2.3 85.4 21.9 160.4 26.2 23.1 6.3 $1,044.8 $150.3 4.4% F 20.0% F 0.0% A 32.8% F 27.4% U 19.9% U 2.4% U 60.0% U 36.9% U 25.8% F 25.6% F 16.4% F 27.2% U 144% F Excludes School Revenues Revenues S Million FY 2010 Year To Date General Fund Revenues Prior Fiscal Years Year -End Results $1,500 $1,000 5500 50 $6.5M $979.7 $973.2 <$8.1M> 51,054.9 S1,063.0 <$28.1M> $ ,061.0 51,089.1 51,044.8 FY 2007 FY 2008 FY 2009 1a Annual Actual 111 Annual Budget FY 2010 November 24, 2009 Percent of Total Expenditures Percent of Total Expenditures 100% 80% 60% 40% 20% 0% - 13 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 59396 (Continued) FY 2010 Year -To -Date General Fund Expenditures Compared to Historic Trend October 31, 2009 100.0% Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun —.....Expenditure Trend of FY 10 Exp Budget FY 2010 Year To Date General Fund Revenues & Expenditures Compared to Historic Trend At October 31, 2009 100% 80% 60% 40% 20% 0% 100.0 4.6f' ;, 85.3% 94.6" 67.9', 77,8 G, 8'9 37.4%.. 43.6% 37.4% ,..436'r, 51,0",, 28.5% 17.1% 7.6% 9.0% 55.3% 58.3% 9.8% 17,0%. 9'7, 42.3% Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun —.....Expenditure Trend of FY 10 Exp Budget FY 2010 Year To Date General Fund Revenues & Expenditures Compared to Historic Trend At October 31, 2009 100% 80% 60% 40% 20% 0% 100.0 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun + RcV'tre d ".00—°,of MO Rev Budget '"r'.Experdnwe Trend ..111% of FYIO Exp Budget J November 24, 2009 94.6" 8'9 71.3% 37.4% ,..436'r, 51,0",, 60,4°., 45.4% 49.5% 55.3% 58.3% 3?,t. / 28.5% 29M'/ 17.1 % 24.2% 42.3% 9.8% .9% 14.40/. 9.70!0 14.0% s,9^o 4.40/o 9.5% 1.90. .:.. 5.2% % Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun + RcV'tre d ".00—°,of MO Rev Budget '"r'.Experdnwe Trend ..111% of FYIO Exp Budget J November 24, 2009 -14 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 59396 (Continued) General Fund FY 2010 Expenditures 1 Total as of October 31, 2009: $408.2 -MILLION, or 37.4%, of $1.09 -BILLION Budget 1 Summary of Actual Expenditures Under Budget at June 30: 2008 (Actual 2009 (Actual) in millions of Total Budget 5.6% $43.0 3.8% Next Steps City $25 03 5% $35.3 $28.1 3 6% $14.9 of City Budget Schools 1 Continue to Monitor Revenues in FY2010 • Business Licenses - March • Personal Property — March/April ► Audited Financial Statements for FY2009 Briefing December 8, 2009. 1 Full briefing on six (6) months of data on January 26, 2010. Mrs. Phillips advised the difference in the expenditure and revenue budget are appropriations from fund balance, which is not considered revenue. Catheryn Whitesell, Director — Management Services, advised the real current revenue to current expenditures is $1.049 BILLION in the General Fund revenue to expenditure. There is actually some appropriation of fund balance with the utilization of ARP funds in the Revenue budget. Mrs. Phillips will provide a schedule of revenues and expenditures she had prepared. November 24, 2009 - 15 - CITY COUNCILCOMMENTS 3:49 P.M. ITEM # 59397 Mayor Sessoms advised Councilman Villanueva was recently elected as a Virginia Beach Delegate to the General Assembly and asked that any replacement be discussed at a later date. Ron Villanueva will resign as a Member of City Council effective December 31, 2009. Councilman Wood advised a process was established when Councilman Diezel was appointed to fill an unexpired term on City Council. The City Clerk has a format. The City Council reviewed the names in Closed Session and during a Special Televised Session interviewed those candidates chosen. Mayor Sessoms shall confer with the City Attorney re the legality of a public advertisement concerning applications for candidacy. A date in January should be established. The Mayor asked the City Clerk to ascertain dates in January where Members of City Council are available. ITEM # 59398 Deputy City Attorney Macali and Dr. Stephen White, Planning, distributed proposed Amendments to the Comprehensive Plan Policy document, as requested by Councilman Dyer. After City Council's discussion Deputy City Attorney Macali will review the documents further. The Joint Expeditionary Base Little Creek -Fort Story (JEBLC-F7) will be included within the Amendment. ITEM # 59399 Council Lady Henley advised a citizen had contacted her several times requesting an opportunity to address City Council re a dredging project. Besides the Open Mike, a Council Member may sponsor a citizen to speak. ITEM # 59400 Councilman Wood, Liaison with Council Lady Henley on the Virginia Beach Green Ribbon Implementation Committee, referenced their report which is hereby made a part of the record. ITEM # 59401 Councilman DeSteph provided further information re the issue of Chinese Drywall. The Governor's Commission on Housing conducted testing. The Insurance Companies provided their opinions. Councilman DeSteph met with Delegate Purkey and other members of the General Assembly as well as the Commissioner of Insurance. The involved parties are reviewing this issue through the homeowner's and builder's prospective who have both advised they have been rejected by their insurance companies on the Chinese Drywall claims. Councilman DeSteph requested all who have been rejected to advise him and he will distribute their concerns with the proper parties. Councilman DeSteph met with Congressman Nye this morning. He is endeavoring to obtain support of other Congressmen and the thirty-two (32) affected States. Cheri Hainer, Permits and Inspections Administrator — Planning, is assisting in sharing information with other communities. November 24, 2009 -16 - AGENDA REVIEW SESSION 4:12 P.M. ITEM # 59402 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 12-49.1 of the City Code re the Fire Marshall's permits and inspection fees 2. Ordinance to CONFIRM the Declaration of Local Emergency re threats posed by the November 12, 2009, Nor 'Easter coastal flooding event. 3. Resolution to REQUEST the Secretary of the Navy consider basing its new Naval Littoral Combat Ships (LCS), including the command organization and floating assets, at the Joint Expeditionary Base Little Creek -Fort Story (JEBLC-FT). 4. Resolution to RECOGNIZE the One Hundred Fiftieth Anniversary of Ebenezer Baptist Church and DECLARING November 16, 2009, as "Ebenezer Baptist Church Day ". Item J.1. (permits and inspection fees) shall be DEFERRED INDEFINITELY, BY CONSENT. November 24, 2009 -17 - AGENDA REVIEW SESSION ITEM # 59403 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Application of FITNESS 5, INC./BELL PARTNERS, INC. for a Conditional Use Permit re an indoor recreational facility fitness center) at 1079 Independence Boulevard. DISTRICT 4 — BAYSIDE 2. Application of NAN WISNIEWSKI for a Conditional Use Permit re a residential kennel at 2548 Potters Road. DISTRICT 6 - BEACH 3. Application of LIVING WORD GOSPEL CHURCH/LYNN SHORES, L.L.C. for a Conditional Use Permit re a church at 332 and 334 Lynn Shores Road. DISTRICT 5 - LYNNHAVEN 4. Application of GREGORY P. MARSHALL/SALVATORE TADDEO (new owner) and JAMES STUART SIM for a Conditional Use Permit re a community boat dock at 1905 Woodside Lane. DISTRICT 5 - LYNNHA VEN 5. CITY OF VIRGINIA BEACH Ordinances to AMEND: a. Section 501 of the City Zoning Ordinance (CZO) re permissible floor area for accessory structures b. Section 4.1 of the Subdivision Regulations re roadway radius of cul-de- sac streets Item K 3. (LIVING WORD GOSPEL CHURCH/LYNN SHORES, L.L. C) shall be DEFERRED INDEFINITELY, BY CONSENT. November 24, 2009 - 18 - ITEM # 59404 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: Princess Anne District Princess Anne District Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 4:20 P.M. 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 (Break: 4:21 P.M. - 4:30 P.M.) (Closed Session: 4:20 P.M. - 5:30 P.M.) (Dinner: 5:30 P.M. - 5:55 P.M.) November 24, 2009 - 19 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 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, November 24, 2009, at 6:00 P.M Council Members Present: Robert M Dyer, 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 Absent: Glenn R. Davis [Left after Closed Session — Thanksgiving in New York with Family] INVOCATION: Vice Mayor Louis R. Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. 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. November 24, 2009 - 20 - 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 identing 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. 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. November 24, 2009 Item — V -E.1 CERTIFICATION -21 - ITEM # 59405 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, 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: Glenn R Davis November 24, 2009 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 #59404, Page 18, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. th Hodges Fraser, MMC City Clerk November 24, 2009 Item V -F.1 - 22 - ITEM # 59406 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council APPROVED the MINUTES of the FORMAL SESSION of November 10, 2009. Voting: 9-0 Council Members Voting Aye: 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: Glenn R. Davis Councilman Dyer ABSTAINED, as he was not in attendance during the City Council Session of October 27, 2009, due to illness. November 24, 2009 - 23 - Item V-G.I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 59407 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 24, 2009 Item V -I.1. PUBLIC HEARING - 24 - ITEM # 59408 Mayor Sessoms DECLARED A PUBLIC HEARING: LASKINROAD GATEWAY PHASE I -A Acquisition by Agreement or Condemnation There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. November 24, 2009 - 25 - Item V -J. ORDINANCES/RESOLUTIONS ITEM # 59409 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1 (DEFERRED INDEFINITELY), 2, 3 and 4 of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: 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: Glenn R. Davis November 24, 2009 -26 - Item V -J.1 ORDINANCES/RESOLUTIONS ITEM # 59410 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT: Ordinance to AMEND Section 12-49.1 of the City Code re the Fire Marshall 's permits and inspection fees Voting: 10-0 (By Consent) Council Members Voting Aye: 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: Glenn R. Davis November 24, 2009 -27 - Item V -J.2. ORDINANCES/RESOLUTIONS ITEM # 59411 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to CONFIRM the Declaration of Local Emergency re threats posed by the November 12, 2009, Nor'Easter coastal flooding event. Voting: 10-0 (By Consent) Council Members Voting Aye: 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: Glenn R. Davis November 24, 2009 1 AN ORDINANCE CONFIRMING THE DECLARATION OF A 2 LOCAL EMERGENCY DUE TO THE THREATS POSED BY 3 THE NOVEMBER 12, 2009 COASTAL FLOODING EVENT 4 5 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of 6 emergency management to declare the existence of a local emergency, subject to 7 confirmation by the governing body; 8 9 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 10 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by 11 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency 12 Management and appointed the City Manager as the Director of Emergency 13 Management; and 14 15 WHEREAS, in response to the imminent threat of flooding and damage posed by 16 the Coastal Flooding Event that began on November 12, 2009, the City Manager, as the 17 Director of Emergency Management, issued a Declaration of Local Emergency at 9:15 18 a.m. on November 13, 2009. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That, pursuant to Virginia Code § 44-146.21, the City Council hereby confirms 24 the Declaration of Local Emergency issued by the City Manager on November 13, 2009, 25 a copy of which is attached hereto and incorporated by reference, and hereby ends the 26 declared emergency, effective November 14, 2009. Adopted by the Council of the City of Virginia Beach on the 24th day of November ,2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Man ger's Office City Attorney's Offic CA11323 R-2 November 17, 2009 1 DECLARATION OF LOCAL EMERGENCY I, the undersigned, as City Manager and Director of Emergency Management for the City of Virginia Beach, find the imminent threat of disastrous weather and flood conditions posed by the current Coastal Flooding Event on November 12, 2009 to be of sufficient severity and magnitude to warrant coordinated Local government action to prevent or alleviate any potential damage, loss, hardship or suffering. Therefore, pursuant to §44.146.21 of the Code of Virginia, as amended, I hereby declare the existence of a Local Emergency in the City of Virginia Beach. In accordance with the Declaration, the Office of Emergency Management and all other appropriate City agencies are hereby vested with, and authorized to carry out, all powers, duties and functions prescribed by State and local law, rules, regulations and plans as may be necessary to adequately and appropriately respond to said Local Emergency Spore, City Mr tor of Emergency Management \ 1.2)101 _1'siS 1 _ Time Date -28 - Item V -J.3. ORDINANCES/RESOLUTIONS ITEM # 59412 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to REQUEST the Secretary of the Navy consider basing its new Naval Littoral Combat Ships (LCS), including the command organization and floating assets, at the Joint Expeditionary Base Little Creek -Fort Story (JEBLC-FT). Voting: 10-0 (By Consent) Council Members Voting Aye: 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: Glenn R. Davis November 24, 2009 REQUESTED BY COUNCILMEMBER DESTEPH 1 A RESOLUTION REQUESTING THE SECRETARY OF THE 2 NAVY TO CONSIDER BASING THE NEW NAVAL 3 LITTORAL COMBAT SHIPS (LCS) AT THE JOINT 4 EXPEDITIONARY BASE LITTLE CREEK -FORT STORY 5 6 WHEREAS, the Littoral Combat Ship (LCS) is the newest class of naval vessels; 7 8 WHEREAS, the first LCS has been delivered to the Navy, and base planning 9 likely is in progress for that class; 10 11 WHEREAS, the City of Virginia Beach has been a tremendous supporter of the 12 military, particularly the Navy, for many years, due in large part to its being home to the 13 Joint Expeditionary Base Little Creek -Fort Story, Naval Station Oceana and Dam Neck 14 Annex to Naval Station Oceana; 15 16 WHEREAS, the City provides ready access to all elements of support for the 17 LCS, including experienced prime and smaller contractors and ship yards for all repairs 18 and maintenance; 19 20 WHEREAS, the City boasts ample and affordable housing for the crews and their 21 families; an abundance of cultural and recreational facilities and opportunities; excellent 22 schools, colleges and universities; and convenient access to Portsmouth Naval 23 Hospital, as well as excellent civilian hospitals and medical facilities; and 24 25 WHEREAS, both active duty and retired Navy personnel are a significant part of 26 our community and are held in high respect by our citizens, and new arrivals would be 27 readily welcomed into our military -friendly community. 28 29 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the City Council strongly urges the Secretary of the Navy to favorably 33 consider basing its new LCS ships, including the command organization and floating 34 assets, at the Joint Expeditionary Base Little Creek -Fort Story. 35 36 BE IT FURTHER RESOLVED BY THE CITY COUNCIL: 37 38 That the assistance of the City's Congressional Delegation is also requested in 39 this important endeavor. 40 41 Adopted by the City Council of the City of Virginia Beach, Virginia, this 24th 42 day of November , 2009. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA11322 R-3 November 17, 2009 - 29 - Item V -J.4. ORDINANCES/RESOLUTIONS ITEM # 59413 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to RECOGNIZE the One Hundred Fiftieth Anniversary of Ebenezer Baptist Church and DECLARING November 16, 2009, as "Ebenezer Baptist Church Day ". Voting.• 10-0 (By Consent) Council Members Voting Aye: 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: Glenn R. Davis November 24, 2009 1&nintu 1108 WHEREAS: Ebenezer Baptist Church of Virginia Beach, Virginia, was established with its first worship service held in a log cabin in Princess Anne County in 1859 and continues to serve the community as a "Church that Reaches Out", knowing "with God, all things are possible". In the beginning, Ebenezer Church had a white minister. The slaves would walk, come in their wagons or by mules from nearby plantations. Sometimes even the slave masters and mistresses would attend the services. The land was originally owned by Mr. and Mrs. William Jones and Mr. and Mrs. Guy. The purchase price was One Hundred Fifty Dollars and the deed was recorded September 3, 1883. There was no electricity nor heat in the building so members would walk to church each week to see the lamps were trimmed, filled with oil and the globes were clean; WHEREAS: As years passed, the congregation grew and continued to grow. A third much larger building with an immense balcony was constructed on Ebenezer Road [now Baker Road] with the corner -stone laid on July 2, 1894. The first Black minister was Reverend Marshall Land. Many enhancements have been added to the property, including a baptismal pool, an additional five acres and a large burial ground. Soon there was a need for a school; however, there was no transportation nor were the roads paved. Ebenezer School closed in 1946 and students were sent to Union Kempsville Elementary School and then to Princess Anne Training School, which around 1953, was renamed to Union Kempsville High School; WHEREAS: Callie Walton, a Deaconess until her death, would travel each week -end to stay with her sister so she could be near the Church. With love and patience, she took the time to record and relate the history in a manner not to be lost nor forgotten. Cora Lee Goodman was blessed with a memory that enhanced the historical recordings of Deaconess Walton which has resulted in a tangible legacy to enlighten all members and friends in this celebration of one hundred andffty years. Much credit is due Patricia Williams for the photograph of the Horseshoe Arch and Deaconess Olivia D. Lindsay who spent endless hours overseeing the organization, typing, printing and making the final touches for everyone to enjoy; and, WHEREAS: In the 1940 's, Ebenezer Baptist Church also served the community by allowing Little Creek Amphibious Base officials to hold Civil Defense meetings there. Time marched on and the congregation grew while the building deteriorated. So on January 12, 1972, the members voted to build a new church. Many obstacles resulted in loss of time; however, on November 30, 1975, members rejoiced to share the dedication of the new [fourth] church and on May 3, 1997, there was a ground breaking for a new addition with the new cornerstone laid July 11, 1998. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council recognizes the long history of Ebenezer Baptist Church, the untiring efforts and tenacity of its members and the dedicated service of its ministers and members to this "community for a lifetime". BE IT FURTHER RESOLVED THAT NOVEMBER 16, 2009, BE SET ASIDE TO CELEBRATE: "EBENEZER BAPTIST CHURCH DAY" Given under our hands and seals this Seventeenth day of November, Two Thousand Nine 1 - 30 - K. PLANNING ITEM # 59414 1. FITNESS 5, INC/BELL PARTNERS, INC. CONDITIONAL USE PERMIT 2. NAN WISNIEWSKI CONDITIONAL USE PERMIT 3. LIVING WORD GOSPEL CHURCH/LYNN SHORES CONDITIONAL USE PERMIT LYNN SHORES, L.L.C. 4. GREGORY P. MARSHALL/SAL VATORE TADDEO CONDITIONAL USE PERMIT and JAMES STUART SIM 5. CITY OF VIRGINIA BEACH AMEND CITY ZONING ORDINANCE (CZO) Section 501 of the City Zoning Ordinance (CZO) re permissible floor area for accessory structures Section 4.1 of the Subdivision Regulations re roadway radius of cul- de-sac streets November 24, 2009 -31 - Item V -K. PLANNING ITEM # 59415 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED in ONE MOTION Items 1, 2, 3 (DEFERRED INDEFINITELY), 4, and 5a and b of PLANNING BY CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: 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: Glenn R Davis November 24, 2009 - 32 - Item V -K.1. PLANNING ITEM # 59416 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon application of FITNESS 5, INC./BELL PARTNERS, INC. for a Conditional Use Permit re an indoor recreational facility fitness center) at 1079 Independence Boulevard; Ordinance upon application of FITNESS 5, INC./BELL PARTNERS, INC. for a Conditional Use Permit re an indoor recreational facility fitness center) at 1079 Independence Boulevard RO110935380 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of FITNESS 5, INC./BELL PARTNERS, INC. for a Conditional Use Permit re an indoor recreational facility (tness center) at 1079 Independence Boulevard: (GPIN# 14784641140000) DISTRICT 4 - BAYSIDE This Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of November Two Thousand Nine Voting: 10-0 (By Consent) Council Members Voting Aye: 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: Glenn R. Davis November 24, 2009 - 33 - Item V -K.2. PLANNING ITEM # 59417 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT , Ordinance upon application of NAN WISNIEWSKI for a Conditional Use Permit re a residential kennel at 2548 Potters Road: ORDINANCE UPON APPLICATION OF NAN WISNIEWSKI FOR A CONDITIONAL USE PERMIT RE A RESIDENTIAL KENNEL AT 2548 POTTERS ROAD RO110935381 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NAN WISNIEWSKI for a Conditional Use Permit re a residential kennel at 2548 Potters Road (GPIN # 1497731850000) DISTRICT 6 — BEACH The following conditions shall be required: 1. No more than twenty (20) adult dogs (over six (6) months of age) shall be kept on the property at any time. 2. The applicant shall maintain the dogs in a current status on any required shots and shall properly license the dogs through the City of Virginia Beach. 3. Dog litter shall be collected and disposed of daily. This Ordinance shall be effective in accordance with Section 107 (1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of November Two Thousand Nine Voting: 10-0 (By Consent) Council Members Voting Aye: 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: Glenn R. Davis November 24, 2009 -34 - Item V -K.3. PLANNING ITEM # 59418 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance upon application of LIVING WORD GOSPEL CHURCH/LYNN SHORES, L.L.C. for a Conditional Use Permit re a church at 332 and 334 Lynn Shores Road. ORDINANCE UPON APPLICATION OF LIVING WORD GOSPEL CHURCH/LYNN SHORES, L.L.C. FOR A CONDITIONAL USE PERMIT RE A CHURCH AT 332 AND 334 LYNN SHORES ROAD. Ordinance upon application of LIVING WORD GOSPEL CHURCH/LYNN SHORES, L.L.C. for a Conditional Use Permit re a church at 332 and 334 Lynn Shores Road: (GPIN: 14872456520000) DISTRICT 5 - LYNNHAVEN Voting: 10-0 (By Consent) Council Members Voting Aye: 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: Glenn R. Davis November 24, 2009 - 35 - Item V -K.4. PLANNING ITEM # 59419 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon Application of GREGORY P. MARSHALL/SALVATORE TADDEO (new owner) and JAMES STUART SIM for a Conditional Use Permit re a community boat dock at 1905 Woodside Lane: ORDINANCE UPON APPLICATION OF GREGORY P. MARSHALL /SALVATORE TADDEO (NEW OWNER) AND JAMES STUART SIM FOR A CONDITIONAL USE PERMIT RE A COMMUNITY BOAT DOCK AT 1905 WOODSIDE LANE, R0110935382 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of GREGORY P. MARSHALL /SALVATORE TADDEO (new owner) and JAMES STUART SIM for a Conditional Use Permit re a community boat dock at 1905 Woodside Lane: (GPIN # 1499159742 (Lot 4A)/1499159548 (Lot 5A) DISTRICT 5 - LYNNHAVEN The following conditions shall be required: 1. Permits shall be secured from all appropriate regulatory agencies through the Joint Permit Application (JPA) process prior to any development or construction of the pier and boatl fs. 2. The boat dock revisions and extensions shall be substantially constructed as depicted on the plan entitled "CONDITIONAL USE SITE PLAN COMMUNITY PIER FOR GREGORY P. and MARY E. MARSHALL and JAMES STUART SIM," prepared by Waterfront Consulting Inc., dated July 28, 2009, or as modified as required by the JPA Permit. 3. No commercial use of the dock shall be permitted. 4. A plat shall be recorded, prior to issuance of site plan approval, depicting a legal means of ingress/egress for Lot 5A to gain access to the pier, as shown on the plan identified in Condition No.2 above. November 24, 2009 - 36 - Item V -K4. PLANNING ITEM # 59419 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of November Two Thousand Nine Voting: 10-0 (By Consent) Council Members Voting Aye: 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: Glenn R. Davis November 24, 2009 - 37 - Item V -K 5. PLANNING ITEM # 59420 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Application of CITY OF VIRGINIA BEACH Ordinances to AMEND: a. Section 501 of the City Zoning Ordinance (CZO) re permissible floor area for accessory structures b. Section 4.1 of the Subdivision Regulations re roadway radius of cul-de-sac streets Voting: 10-0 (By Consent) Council Members Voting Aye: 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: Glenn R. Davis November 24, 2009 1 AN ORDINANCE TO AMEND SECTION 501 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO PERMISSIBLE FLOOR 4 AREA FOR ACCESSORY STRUCTURES 5 6 Section Amended: § 501 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 501 of the City Code is hereby amended and reordained to read as 15 follows: 16 17 ARTICLE 5. RESIDENTIAL DISTRICTS 18 .... 19 20 Sec. 501. Use regulations. 21 .... 22 23 (b) Accessory uses and structures. Uses and structures which are customarily 24 accessory and clearly incidental and subordinate to principal uses and structures 25 and where such accessory structures do not exceed the height of the principal 26 structure and, in all residential zoning districts, except for R-30 and R-40, do not 27 exceed five hundred (500) square feet of floor area or twenty (20) percent of the 28 floor area of the principal structure, whichever is greater. In the R-30 and R-40 29 residential zoning districts, accessory uses and structures shall not exceed thirty 30 (30) percent of the floor area of the principal structure. Such accessory uses and 31 structures include but are not limited to: 32 33 (1) Detached guest house and servants quarters within the R-40 District only; 34 35 (2) Bees; 36 37 (3) Swimming pools, boat houses, piers, etc.; 38 39 .... 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of November, 2009. AP VE AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning department CA11270 R-3 September 2, 2009 v/et/ City Attorney's Office 1 AN ORDINANCE TO AMEND SECTION 4.1 2 OF THE SUBDIVISION REGULATIONS 3 PERTAINING TO THE ROADWAY RADIUS 4 OF CUL-DE-SAC STREETS 5 6 Section Amended: § 4.1 7 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 4.1 of the Subdivision Regulations is hereby amended and 13 reordained to read as follows: 14 15 APPENDIX B SUBDIVISION REGULATIONS. 16 .... 17 18 DESIGN STANDARDS 19 20 Section 4.1 Streets and Alleys. 21 .... 22 23 (p) Except where unusual land configuration requires otherwise, cul-de-sac streets, 24 designed to be so permanently, shall not be longer than: 25 26 (1) Three thousand (3,000) feet to the turnaround if serving very-low-intensity 27 residential uses (lot area per dwelling unit at or exceeding forty thousand 28 (40,000) square feet) or 29 30 (2) Fifteen hundred (1,500) feet to the turnaround if serving low-intensity 31 residential uses (lot area per dwelling unit exceeding seventy-five hundred 32 (7,500) square feet) but less than forty thousand (40,000) square feet or 33 34 (3) One thousand (1,000) feet to the turnaround if serving residential uses of 35 higher intensity. 36 37 All cul-de-sac streets shall be provided at the closed end with a circular turnaround 38 having an outside roadway radius of at least forty (40) feet and a right-of-way radius of 39 at least fifty (50) feet, except where other forms of turnaround are approved by the 40 planning director as conforming to standard practice. I 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day 50 of November , 2009. APPRSVED A T4 CONTENT: APPROVED AS TO LEGAL SUFFICI 1 CY: Planning D partment CA11056 R-2 April 13, 2009 ai N City Attorney's Office - 38 - Item V -L.1. APPOINTMENTS ITEM # 59421 BY CONSENSUS, City Council RESCHEDULED the following Appointments: BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PLANNING COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD November 24, 2009 I' - 39 - Item V -N.1. NEW BUSINESS ITEM # 59422 BY CONSENSUS, City Council ACCEPTED and the City Clerk will RECORD: ABSTRACT OF VOTES — General Election of November 3, 2009 November 24, 2009 - 40 - Item V.O. ADJOURNMENT ITEM # 59423 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:04 P.M. Y270* AL.—) Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor November 24, 2009 I - 40 - Item V.O. ADJOURNMENT ITEM # 59423 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:04 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk City of Virginia Beach Virginia Mayor November 24, 2009