JULY 9, 2013I
CITY COUNCIL
MAYOR WILLIAM D. SESSOMS, JR., At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
GLENN R. DAVIS, Rose Hall - District 3
WILLIAM R. DeSTEPH, At -Lenge
ROBERT M. DYER, Centerville - District 1
BARBARA M. HENLEY, Princess Anne - District 7
JOHN D.MOSS, At -Large
AMELIA ROSS-HAMMOND, Kempsville - District 2
JOHN E. UHRIN, Beach - District 6
ROSEMARY WILSON, At -Large
JAMES L. WOOD, Lvnnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY MARK D. STILES
CITY ASSESSOR - JERALD D. BANAGAN
CITY AUDITOR - LYNDON S. REMIAS
CITY CLERK - RUTH HODGES FRASER, MMC
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
09 July 2013
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E- MAIL: Ctycncl@vbgov.com
I. CITY COUNCIL COMMENTS
II. CITY COUNCIL AGENDA REVIEW
III. INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL COUNCIL
C. RECESS TO CLOSED SESSION
5:00 PM
5:30 PM
I
IV. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Chaplain David Cochran
Virginia Beach Police Department
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 July 2, 2013
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. ORDINANCES
1. Ordinances to AMEND the City Code:
a. §21-407 re towing and storage of vehicles
b. §25.1-4 re precious metals and gems
2. Ordinances to APPROPRIATE/ADJUST:
a. Housing and Neighborhood Preservation:
1. $234,594 New Grant re Veteran's Supportive Housing Vouchers
2. $ 92,363 Block Grant funds
3. $ 3,892 Continuum of Care
4. $ 54,721 HOME Programs
5. $ 60,572 Emergency Shelter
6. $ 58,484 Housing for AIDS program
7. $637,070 Housing Choice Voucher
8. $946,000 Housing Choice Portability
9. $188,576 Housing Choice Portability
10. $293,358 Community Development Loan
11. $ 61,181 Reserve for Contingencies re Sequestration
b. $ 3,489 the Sheriff's Career Development Program
I. PLANNING
1. Application of RADHAKRISHNA RENUKUNTA & KAVITHA VURIMINDI for a
Variance to §4.4 (b) of the Subdivision Ordinance re lots having no frontage on a public street at
1636 and 1676 Godfrey Lane
DISTRICT 5 — LYNNHAVEN
RECOMMENDATION: APPROVAL
2. Application of WBM, LLC for a Street Closure re unimproved right-of-way at the Western
terminus of 12th street to construct a Duplex
DISTRICT 6 — BEACH
RECOMMENDATION: APPROVAL
3. Application of BARTON HERITAGE, LLC. T/A SANDBRIDGE BEACH
BUGGIES/LOWER 40, LLC for a Conditional Use Permit re vehicle rentals at 3713
Sandpiper Road
DISTRICT 7 — PRINCESS ANNE
RECOMMENDATION: APPROVAL
4. Application of DML/LYNNHAVEN MALL, LLC for a Conditional Use Permit re a Tattoo
Parlor at 701 Lynnhaven Parkway
DISTRICT 3 — ROSE HALL
RECOMMENDATION: APPROVAL
5. Application of OUR SAVIOUR LUTHERAN CHURCH for a Conditional Use Permit re a
columbarium at 4200 Shore Drive
DISTRICT 4 - BAYSIDE
RECOMMENDATION: APPROVAL
J. APPOINTMENTS
HEALTH SERVICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
HUMAN RIGHTS COMMISSION
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
********************************
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
*******************************
2013 CITY HOLIDAYS
Labor Day - Monday, September 2
Veterans Day, - :Monday, November 11
Thanksgiving Day & Dal' after Thanksgiving - Thursday,
_November 28 & Friday, .November 29
Christmas Eve (half-day) - Tuesday, December 24
Christman Day - Wednesday, December 25
-1 -
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July 9, 2013
Mayor William D. Sessoms, Jr., called to order the City Council's Informal Session, in the City Council
Conference Room, Tuesday, July 9, 2013, at 5:00 P.M.
Council Members Present:
William R. "Bill" DeSteph, Barbara M. Henley, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson and
James L. Wood
Council Members Absent:
Glenn R. Davis, Robert M. Dyer,
Vice Mayor Louis R. Jones (Family Vacation),
John D. Moss and John E. Uhrin
July 9, 2013
-2 -
CITY COUNCIL COMMENTS
5:00 P.M.
ITEM #62980
Councilman DeSteph advised VanGuard Landing (to be located in Princess Anne District) made good
strides in the right direction. They will be coming before City Council for consideration right after City
Council 's vacation.
Mayor Sessoms stated he and Council Lady Henley met with the group and are very encouraged this will
move forward for consideration.
ITEM #62981
Council Lady Ross -Hammond distributed a copy of the letter received dated July 1, 2013, from the
Historic Kempsville Citizen's Advisory Committee (CAC) concerning reinvesting City land sale proceeds
with the Historic Kempsville District Area.
Mayor Sessoms requested a meeting within the next few weeks with Council Lady Ross -Hammond on this
subject. The City Manager will review this letter and proposal.
ITEM #62982
Council Lady Ross -Hammond attended the July 4`h celebration at the Senior Resource Center. Over 100
individuals attended. Council Lady Henley thanked Council Lady Ross -Hammond for her musical
contribution to the Senior Resource Center's celebration.
Council Lady Ross -Hammond also attended the celebration that evening at Mount Trashmore and both
events were very well attended.
ITEM #62983
Council Lady Ross -Hammond received a phone call from one of the "Ocean Promoters" of the 2013
College Beach Weekend expressing concern regarding the Admission Tax Ordinance. The promoter felt
it was a move to prevent any future College Beach Weekends. Council Lady Ross -Hammond discussed
and arranged for the Commissioner of the Revenue's Staff to meet with Promoter to ensure full
compliance and there was no prejudice intent in this Ordinance.
July 9, 2013
-3 -
AGENDA REVIEW SESSION
5:01 P.M.
ITEM #62984
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
H. ORDINANCES
1. Ordinances to AMEND the City Code:
a. §21-407 re towing and storage of vehicles
b. §25.1-4 re precious metals and gems
2. Ordinances to APPROPRIATE/ADJUST:
a. Housing and Neighborhood Preservation:
1. $234, 594 New Grant re Veteran's Supportive Housing Vouchers
2. $ 92,363 Block Grant funds
3. $ 3,892 Continuum of Care
4. $ 54,721 HOME Programs
5. $ 60,572 Emergency Shelter
6. $ 58,484 Housing for AIDS program
7. $637,070 Housing Choice Voucher
8. $946, 000 Housing Choice Portability
9. $188,576 Housing Choice Portability
10. $293,358 Community Development Loan
11. $ 61,181 Reserve for Contingencies re Sequestration
b. $ 3,489 the Sheriff's Career Development Program
Councilman Moss shall vote a Verbal NAY on Item #2a(11)
July 9, 2013
-4 -
AGENDA REVIEW SESSION
ITEM #62984 (Continued)
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
L PLANNING
1. Application of RADHAKRISHNA RENUKUNTA & KAVITHA VURIMINDI for a
Variance to §4.4 (b) of the Subdivision Ordinance re lots having no frontage on a public
street at 1636 and 1676 Godfrey Lane DISTRICT 5 — LYNNHAVEN
2. Application of WBM, LLC for a Street Closure re unimproved right-of-way at the
Western terminus of 12`" street to construct a Duplex DISTRICT 6 — BEACH
3. Application of BARTON HERITAGE, LLC. T/A SANDBRIDGE BEACH
BUGGIES/LOWER 40, LLC for a Conditional Use Permit re vehicle rentals at 3713
Sandpiper Road DISTRICT 7 — PRINCESS ANNE
4. Application of DML/LYNNHAVEN MALL, LLC for a Conditional Use Permit re a
Tattoo Parlor at 701 Lynnhaven Parkway DISTRICT 3 — ROSE HALL
5. Application of OUR SAVIOUR LUTHERAN CHURCH for a Conditional Use Permit re
a columbarium at 4200 Shore Drive DISTRICT 4 - BAYSIDE
July 9, 2013
I
-5-
ITEM#62985
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: Council, Boards, Commissions, Committees,
Authorities, Agencies and Appointees
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in 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).
City of Virginia Beach v. Lynnhaven Dunes Condominium Association, Inc.
July 9, 2013
-6 -
ITEM# 62985(Continued)
Upon motion by Council Lady Wilson, seconded by Councilman Uhrin, City Council voted to proceed
into CLOSED SESSION at 5:04 P.M.
Voting: 7-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Barbara M. Henley, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
(Closed Session
Glenn R. Davis, Robert M. Dyer,
Vice Mayor Louis R. Jones (Family Vacation)
and John D. Moss
5:04 P.M. - 5:40 P.M.)
July 9, 2013
-7-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
JULY 9, 2013
6:00 P.M.
Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, July 9, 2013, at 6:00 P.M.
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
Vice Mayor Louis R. Jones
INVOCATION: Chaplain David Cochran
Virginia Beach Police Department
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 inthe official records of City Council. Mayor Sessoms' letter of
March 24, 2009, is hereby made a part of the record.
July 9, 2013
-8-
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 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.
July 9, 2013
Item -IV-E
CERTIFICATION
-9-
ITEM #62986
Upon motion by Councilman DeSteph, seconded by Councilman Dyer, 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.
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones
July 9, 2013
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 #62985 Page 6, 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.
1 Hodges Fraser, MMC
ay Clerk July 9, 2013
I
Item -IV -F.1
MINUTES
-10-
ITEM #62987
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of July 2, 2013.
Voting: 9-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr.,
John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones
Council Members Abstaining:
John D. Moss
July 9, 2013
-11 -
ADOPT AGENDA
FOR FORMAL SESSION ITEM #62988
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
July 9, 2013
-12 -
Item —IV -H
ORDINANCES ITEM #62989
Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council APPROVED, IN ONE
MOTION, BY CONSENT, 1(a/b) and 2(a1-11 and b) [Councilman Moss shall vote Verbal NAY on
Item #2a(11)] of the CONSENT AGENDA, composed of Ordinances, Resolutions and the Planning
Applications.
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones
July 9, 2013
-13-
Item-IV-H.1a/b
ORDINANCES ITEM #62990
Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT, Ordinances to AMEND the City Code:
a. §21-407 re towing and storage of vehicles
b. §25.1-4 re precious metals and gems
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R "Bill" DeSteph, Robert M Dyer, Barbara
M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones
July 9, 2013
1 AN ORDINANCE TO AMEND SECTION 25.1-
2 4 OF THE CITY CODE PERTAINING TO
3 PRECIOUS METAL AND GEMS
4
5 SECTION AMENDED: 25.1-4
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 25.1-4 of the Code of the City of Virginia Beach, Virginia, are
11 hereby amended and reordained to read as follows:
12
13 Sec. 25.1-4. Records to be kept; daily electronic report to police.
14
15 (a) Every dealer shall keep at his place of business an accurate and legible record of
16 each purchase of precious metals or gems. The record of each purchase shall be
17 retained by the dealer for at least twenty-four (24) months and shall set forth the
18 following:
19
20 (1) A complete description of all precious metals or gems purchased from
21 each seller. The description shall include all names, initials, serial numbers or
22 other identifying marks or monograms on each item purchased, the true weight
23 and purity, if known, of any precious metal, the true weight or carat of any gem,
24 the color of any gem or precious metal, and the price paid for each item;
25
26 (2) The date, time and place of receiving the items purchased;
27
28 (3) The full name, residence address, work place, home and work telephone
29 numbers, date of birth, sex, race, height, weight, hair and eye color, and other
30 identifying marks of the seller;
31
32 (4) Verification of the identification of the seller by the exhibition of a
33 government -issued identification card with a photograph of the seller, such as a
34 driver's license or military identification card. The record shall contain the type of
35 identification exhibited, the issuing agency, and the identification card number
36 thereon; and
37
38 (5) A statement of ownership from the seller.
39
40 (b) The information required by subdivisions (1) through (5) of subsection (a) of this
41 section shall appear on each bill of sale for all precious metals and gems
42 purchased by a dealer.
43
44 (c) The information required by subdivisions (1) through (4) of subsection (a) of this
45 section shall be transmitted in an electronic format, as specified in § 25-6 and
46 approved by the Pawn Unit,. to the Chief of Police by way of the department's
47 Pawn Unit. Faxing the information is not permitted.
9th
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of July , 2013.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Police Depa men(
CA12678
R-2
June 25, 2013
_
C9City At rney's1ffic-
REQUESTED BY COUNCILMEMBERS ROSS-HAMMOND AND UHRIN
1 AN ORDINANCE TO AMEND SECTION 21-
2 407 OF THE CITY CODE PERTAINING TO
3 CHARGES FOR TOWING AND STORAGE OF
4 VEHICLES
5
6 SECTION AMENDED: 21-407
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 21-407 of the Code of the City of Virginia Beach, Virginia, are
12 hereby amended and reordained to read as follows:
13
14 Sec. 21-407. Charges for towing and storage of vehicle; receipt required.
15
16
17
18
(a) No tow truck service or operator operating within the City shall, at any time, charge
a basic towing fee greater than the fees set forth below:
Gross weight of vehicle
Maximum fee
11,000 pounds or less
$135.00
145.00
11,001 pounds or more
285.00
19
20 The basic fee shall be inclusive of any additional towing services such as the use of a
21 dolly. This subsection shall apply only when a vehicle is moved or towed without the
22 prior consent and agreement of the owner or custodian of the vehicle.
23
24 (b) No tow truck service or operator shall assess any charges for storage for the initial
25 twenty-four (24) hours, nor charge more than twenty-five dollars ($25.00) per twenty -
26 four-hour period thereafter, for any vehicle with a gross weight of eleven thousand
27 (11,000) pounds or less removed from private property without the consent of the owner
28 or custodian of the vehicle, whether such tow originates in this City or any other
29 jurisdiction. For vehicles with a gross weight of more than eleven thousand (11,000)
30 pounds, a storage fee not to exceed twenty-five dollars ($25.00) per twenty -four-hour
31 period may be assessed after the first twenty-four (24) hours. Delays caused by storage
32 yard personnel shall not be included when computing storage charges.
33
34 (c) If any vehicle is not redeemed within seventy-two (72) hours after it is towed, the
35 tow truck service shall be entitled to recover an additional fee, not to exceed seventy -
36 five dollars ($75.00), as payment for the cost of any search conducted to determine the
37 registered owner and lien holder, if any, of the vehicle.
38
39 (d) No tow truck service or operator shall charge any fee for mileage, or any other fee
40 in addition to the basic towing fee set forth in subsection (a) above. In order to ensure
41 that no tow truck service or operator collects more than the fees authorized by this
42 section, tow truck services and operators shall provide change for cash payments made
43 by any person whose vehicle has been towed or released after hook up.
44
45 (e) A monetary receipt for each and every fee collected must be given to those persons
46 whose vehicles have been towed by a tow truck service, or released after hook up,
47 upon release of the vehicle. The information on the receipt must be clearly legible and
48 include the time, date and place of the tow, the name of the tow truck operator who
49 made the tow, and the name of the tow truck service for which said operator works. The
50 receipt must also list the amount of money paid for the release of the vehicle, any
51 additional charges incurred in the tow, and the reason for said additional charges. The
52 following shall be printed conspicuously on every receipt: "NOTICE: Virginia Beach City
53 Code § 21-407(f) requires the tow company to offer you a Survey and Comment Form
54 with this receipt." A copy of the receipt must be retained by the tow truck service for a
55 period of one (1) year and shall be made available for inspection by city police or the
56 Commissioner of the Revenue during normal business hours of the tow truck service
57 owner.
58
59 (f) A survey and comment form, developed by the Towing Advisory Board, shall be
60 offered to those persons whose vehicles have been towed by a tow truck service, or
61 released after hookup, upon release of the vehicle.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th
day of July , 2013.
APPROVED AS TO LEGAL SUFFICIENCY:
CA12685
R-1
June 28, 2013
-14-
Item-IV-H.2a(1-10) and b
ORDINANCES ITEM #62991
Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT, Ordinances to APPROPRIATE/ADJUST:
a. Housing and Neighborhood Preservation:
1. $234,594 New Grant re Veteran's Supportive Housing Vouchers
2. $ 92,363 Block Grant funds
3. $ 3,892 Continuum of Care
4. $ 54,721 HOME Programs
5. $ 60,572 Emergency Shelter
6. $ 58,484 Housing for AIDS program
7. $637,070 Housing Choice Voucher
8. $946, 000 Housing Choice Portability
9. $188,576 Housing Choice Portability
10. $293,358 Community Development Loan
b. $ 3,489 the Sheriff's Career Development Program
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones
July 9, 2013
1 AN ORDINANCE TO AMEND THE FY 2013-14
2 OPERATING BUDGET OF THE DEPARTMENT
3 OF HOUSING AND NEIGHBORHOOD
4 PRESERVATION
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That The Department of Housing and Neighborhood Preservation's FY 2013-14
10 Operating Budget is hereby modified for the amounts and purposes set forth below:
11
12 1. $234,594 in federal grant funds is hereby appropriated, with federal revenue
13 increased accordingly, to provide rental subsidies for homeless Veterans who are
14 receiving services from the Hampton, VA medical center;
15
16 2. $92,363 in Community Development Block Grant funds is hereby appropriated, with
17 federal revenue increased accordingly;
18
19 3. $3,892 in Continuum of Care funds is hereby appropriated, with federal revenue
20 increased accordingly; and
21
22 4. $54,721 in funding previously appropriated for the HOME program is hereby
23 reduced, with federal revenue decreased accordingly;
24
25 5. $60,572 in funding previously appropriated for the Emergency Shelter Grant
26 program is hereby reduced, with federal revenue decreased accordingly;
27
28 6. $58,484 in funding previously appropriated for the Housing Opportunities for
29 Persons with AIDS program is hereby reduced, with federal revenue decreased
30 accordingly;
31
32 7. $637,070 in funding previously appropriated for the Housing Choice Voucher
33 Program is hereby reduced, with federal revenue decreased accordingly;
34
35 8. $946,000 in Housing Choice Voucher Portability program revenue is hereby
36 appropriated, with local revenue increased accordingly, to provide rental subsidies
37 through the Housing Choice Voucher Portability program;
38
39 9. $188,576 in specific fund reserves is hereby appropriated, with revenue increased
40 accordingly, to provide rental subsidies through the Housing Choice Voucher
41 Portability program;
42
43 10. $293,358 is hereby transferred within the Community Development Loan and Grant
44 Fund (Fund 181) to provide additional local support for the construction of 32
45 affordable housing units at Crescent Square apartments; and
46
47 11.$61,181 is transferred from the Reserve for Contingencies - Sequestration to the
48 Operating Budget of the DHNP to offset reduced federal funding that supports the
49 operation of five homeless -serving non-profit organizations.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day
of July, , 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Management Services ' Office
CA12682
R-2
July 1, 2013
1 AN ORDINANCE FOR THE SHERIFF'S OFFICE TO
2 USE CITY FUNDS TO PARTIALLY FUND THE
3 SHERIFF'S CAREER DEVELOPMENT PROGRAM
4
5 WHEREAS, the Sheriff has requested the use of city funds from the Sheriff's
6 FY 2013-14 Operating Budget to supplement reduced state funding related to
7 participation in the Sheriff's Career Development Program; and
8
9 WHEREAS, the City Council has a City Policy in place to prevent, to the extent
10 possible, the shifting of financial responsibility for State, Federal, or privately funded
11 programs to the citizens of Virginia Beach by not supplanting those funds with local
12 funds, but the policy allows the City Council to do so.
13
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16
17 1. That the Sheriff's Office is authorized to use City funds, within the FY 2013-14
18 Sheriff's Operating budget, to supplant lost State FUNDS for a Sheriff salary
19 adjustment of $3,489.
Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of
, 2013.
July
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Management Services
CA12683
R-2
June 27, 2013
City Attorney's Office
-15-
Item-IV-H.2a(11)
ORDINANCES ITEM #62992
Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT, Ordinances to APPROPRIATE/ADJUST:
a. Housing and Neighborhood Preservation.
11. $ 61,181 Reserve for Contingencies re Sequestration
Voting: 9-1
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M Henley, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr.,
John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Vice Mayor Louis R. Jones
July 9, 2013
Item -IV-I
PLANNING
1. RADHAKRISHNA RENUKUNTA &
K4 VITHA VURIMINDI
2. WBM, LLC
3. BARTON HERITAGE, LLC T/A
SANDBRIDGE BEACH BUGGIES/
LOWER 40, LLC
4. DML/LYNNHAVENMALL, LLC
5. OUR SAVIOUR LUTHERAN CHURCH
-16-
ITEM #62993
VARIANCE
STREET CLOSURE
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
July 9, 2013
-17 -
Item -IV-I
PLANNING ITEM #629934
Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council APPROVED IN ONE
MOTION, BY CONSENT, Items 1, 2, 3, 4 and 5 of the PLANNING AGENDA.
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones
July 9, 2013
-18 -
Item -IV-I.1
PLANNING ITEM #62995
Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of RADHAKRISHNA RENUKUNTA &
KAVITHA VURIMINDI for a Variance to §4.4 (b) of the Subdivision Ordinance re lots having no
frontage on a public street at 1636 and 1676 Godfrey Lane DISTRICT 5 — LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of RADHAKRISHNA RENUKUNTA &
KAVITHA VURIMINDI for a Variance to §4.4 (b) of the Subdivision
Ordinance re lots having no frontage on a public street at 1636 and 1676
Godfrey Lane (GPINs 2409231083; 2409230291) DISTRICT 5 —
LYNNHAVEN
The following condition shall be required:
1. The existing parcels shall be subdivided substantially in accordance with the submitted
preliminary Subdivision Plat "Subdivision of GPIN's 2409-23-1083 (DB 1281, PG 14) &
2409-23-0291 (DB1278, PG 388) (MB 27, PG 22) (MB 52, PG 53) Virginia Beach,
Virginia"; dated January 23, 2013, and prepared by MSA, P.C. Said Plat has been
exhibited to the Virginia Beach City Council and is on file in the Planning Department.
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 Ninth day of July, Two
Thousand Thirteen
July 9, 2013
-19 -
Item -IV-I.1
PLANNING ITEM #62995(Continued)
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones
July 9, 2013
-20 -
Item -IV -I.2
PLANNING ITEM #62996
Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of WBM, LLC for a Street Closure re
unimproved right-of-way at the Western terminus of 12`" street to construct a Duplex DISTRICT 6 —
BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of WBM, LLC for a Street Closure re
unimproved right-of-way at the Western terminus of 12`" Street to
construct a Duplex DISTRICT 6 — BEACH
The following conditions shall be required:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City
shall be determined according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures, " approved by Virginia Beach
City Council. Copies of the policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcel to the East. The Plat
must be submitted and approved for recordation prior to final street closure
approval.
3. The applicant shall verb that no private utilities exist within the right-of-
way proposed for closure. Preliminary comments from the utility companies
indicate that there are no private utilities within the right-of-way proposed
for closure. If private utilities do exist, easements satisfactory to the utility
company must be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the
above -stated conditions within 365 days of approval by City Council. If the
conditions noted above are not accomplished and the final Plat is not
approved within one (1) year of the City Council vote to close the right-of-
way, this approval shall be considered null and void.
July 9, 2013
-21 -
Item -IV -I.2
PLANNING ITEM #62996(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 Ninth day of July, Two
Thousand Thirteen
Voting.• 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones
July 9, 2013
1 ORDINANCE APPROVING APPLICATION OF WBM,
2 L.L.C. FOR THE CLOSURE OF A 4,827 SQ. FT.
3 PORTION OF AN UNIMPROVED RIGHT-OF-WAY
4 AT THE WESTERN TERMINUS OF 12TH STREET
5
6 WHEREAS, WBM, L.L.C., a Virginia limited liability company, (the
7 "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to have the
8 hereinafter described unimproved and unnamed right-of-way discontinued, closed, and
9 vacated; and
10
11 WHEREAS, it is the judgment of the Council that said right-of-way be
12 discontinued, closed, and vacated, subject to certain conditions having been met on or
13 before one (1) year from City Council's adoption of this Ordinance;
14
15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
16 Virginia Beach, Virginia:
17
18 SECTION 1
19
20 That the hereinafter described unimproved and unnamed right-of-way be
21 discontinued, closed and vacated, subject to certain conditions being met on or before
22 one (1) year from City Council's adoption of this ordinance:
23
24 ALL THAT certain piece or parcel of land situate, lying and
25 being in the City of Virginia Beach, Virginia, designated and
26 described as "AREA OF PROPOSED STREET CLOSURE
27 (4,827 SQ. FT., 0.111 AC.)", shown as the hatched area on
28 that certain plat entitled "STREET CLOSURE EXHIBIT OF
29 A 4,827 SQ. FT. (0.111 AC.) PORTION OF AN UNNAMED
30 PUBLIC R/W WEST OF BLOCK 120 AND
31 NORTHWESTERLY OF 12TH STREET, PLAT OF
32 LAKEWOOD (M.B. 7, P. 100) VIRGINIA BEACH, VIRGINIA
33 EXCLUSIVELY FOR WBM, LLC", Scale: 1" = 50', dated
34 September 25, 2012, prepared by wpl, a copy of which is
35 attached hereto as Exhibit A.
36
37 SECTION II
38
39 The following conditions must be met on or before one (1) year from City
40 Council's adoption of this ordinance:
41
42 1. The City Attorney's Office will make the final determination regarding
43 ownership of the underlying fee. The purchase price to be paid to the City
44
45 GPIN: City right-of-way / No GPIN assigned (Adjacent to GPINs 2417-74-7598,
46 2417-84-1588 and 2417-84-0482)
1
47 shall be determined according to the "Policy Regarding Purchase of City's
48 Interest in Streets Pursuant to Street Closures," approved by City Council.
49 Copies of the policy are available in the Planning Department.
50
51 2. The Applicant shall resubdivide the property and vacate internal lot lines to
52 incorporate the closed area into the adjoining parcel to the east. The plat
53 must be submitted and approved for recordation prior to final street closure
54 approval.
55
56 3. The Applicant shall verify that no private utilities exist within the right-of-way
57 proposed for closure. Preliminary comments from the utility companies
58 indicate that there are no private utilities within the right-of-way proposed for
59 closure. If private utilities do exist, easements satisfactory to the utility
60 company, must be provided.
61
62 4. Closure of the right-of-way shall be contingent upon compliance with the
63 above stated conditions within 365 days of approval by City Council. If the
64 conditions noted above are not accomplished and the final plat is not
65 approved within one year of the City Council vote to close the right-of-way this
66 approval shall be considered null and void.
67
68 SECTION III
69
70 1. If the preceding conditions are not fulfilled on or before July 8, 2014, this
71 Ordinance will be deemed null and void without further action by the City Council.
72
73 2. If all conditions are met on or before July 8, 2014, the date of final closure is
74 the date the street closure ordinance is recorded by the City Attorney.
75
76 3. In the event the City of Virginia Beach has any interest in the underlying fee,
77 the City Manager or his designee is authorized to execute whatever documents, if any,
78 that may be requested to convey such interest, provided said documents are approved
79 by the City Attorney's Office.
80 SECTION IV
81
82 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
83 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
84 OF VIRGINIA BEACH as "Grantor" and WBM, L.L.C., as "Grantee."
85
86 9th Adopted by the Council of the City of Virginia Beach, Virginia, on this
11
87 day of y , 2013.
2
APPROVED AS TO LEGAL
SUFFICIENCY:
aiGLA,Q. Gl/k(c2�/ice
City Attorn
CA12413
\\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\D024\P014\00047647. DOC
R-1
June 28, 2013
3
APPROVED AS TO CONTENT:
P
NOTES:
1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED
RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED
RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN
GENERAL REFERENCE.
2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY.
/
/
Blumberg No. 5119
EXHIBIT
LOCATION MAP
SCALE : 1•-K MILE
rr' WBM, LLC
2417-84-1588
(INST 20121212001422370)
LOT 30, BLOCK 120
PLAT OF LAKEWOOD N/F
� O
n 27
50' Rf
N 100)
VINYL/PVC
/ FENCE
ryryj/ A=26.16'
/ R=50.00'
A =29'58'24"
LOT 1A
SHADOW LAWN NORTH
N/F
/ ROBERT R. LITTMAN
/ 2417-84-0482-0944
/ (INST 20071127001578030)
S 897629' W
12 M B. 7, P' 0p869050)
PROPOSED INST 2 p06°6080
R/W LINE (
AREA OF PROPOSED
STREET CLOSURE/
(4,827 SQ. FT., 0.111 AC.
CG -6 CURB
& GUTTER
A=44.43'
R=40.00'
RUTH E. ELMORE
2417-84-0482-0946
(INST 20071120001559050)
I II
3212.89 i \
PROPERTY OF CITY OF VIRGINIA BEACH
(FORMERLY N&S RR)
2417-64-9312
EXISTING R/W LINE
3A
Landscape Architecture
Land Surveying
Civil Engineering
w site.com 757.431.1041
22 EMCIR✓LSIE8% II OFJCIi.M23452
STREET CLOSURE EXHIBIT
OF A
4,827 SQ. FT. (0.111 AC.)
PORTION OF AN UNNAMED PUBLIC R/W
WEST OF BLOCK 120 AND NORTHWESTERLY
OF 12T8 STREET, PLAT OF LAKEWOOD
(M.B. 7, P. 100)
VIRGINIA BEACH, VIRGINIA
Exclusively for
WBM, LLC
SCALE: 1" = 50'
SHEET 1 OF 1
25 SEPTEMBER, 2012
CAD/chk: TMF/eag
CITY OF VIRGINIA BEACH, VA I F.B. 1001 P.42-49 I PLAT: L-213 I JN: 212-0344
1
-22 -
Item -IV-I.3
PLANNING ITEM #62997
Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of BARTON HERITAGE, LLC. T/A
SANDBRIDGE BEACH BUGGIES/LOWER 40, LLC for a Conditional Use Permit re vehicle rentals
at 3 713 Sandpiper Road DISTRICT 7 — PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of BARTON HERITAGE, LLC. T/A
SANDBRIDGE BEACH BUGGIES/LOWER 40, LLC for a
Conditional Use Permit re vehicle rentals at 3713 Sandpiper Road
(GPIN 2432 732311) DISTRICT 7 — PRINCESS ANNE
The following conditions shall be required:
1. Except as modified by any conditions below, the Low Speed Vehicles (LSVs)
shall be parked only in areas designated as depicted on the Plan entitled,
"Physical Survey, Part of Tract E, Sandbridge Beach, MB. 37 P.31, Virginia
Beach, Virginia, Made for: Barton Heritage, LLC, " prepared by Bonifant
Land Surveys, dated April 27, 2013. Said Plan has been exhibited to the
Virginia Beach City Council and is on file in the Planning Department.
2. Landscaping to screen the vehicles from the property to the North shall be
installed along the length of the LSVs vehicle holding area. Said landscaping
shall be approved by the DSC landscape architect prior to installation and
shall be depicted on the Plan.
3. The motor vehicle rental operation on this Site shall be limited to no more
than thirty (30) LSVs. Rental of any other motor vehicles shall be prohibited.
4. A planter containing plant material shall be installed along Sandpiper Road
as depicted on the Plan referenced in Condition 1 above.
5. Consistent with the requirements of the Zoning Ordinance, no LSV for rent
shall be parked any closer than five (5) feet from the Sandpiper Road
property line.
6. No display or parking of any vehicles shall be permitted within the right-of-
way.
7. Vehicles shall not be displayed on raised platforms anywhere on the Site nor
shall any portion of the ground level of the Site be raised for the purpose of
increasing the height of a vehicle for display purposes.
8. There shall be no outside storage of parts or equipment.
9. The minimum number of parking spaces, as required by the Zoning
Ordinance for the existing office building, shall remain available for use by
employees and customers of the office building and free of LSVs. LSVs shall
not be parked or stored in any space labeled on the Site layout as "customer
parking."
July 9, 2013
-23 -
Item -IV-I.3
PLANNING ITEM #62997(Continued)
10. A waiver for the gravel parking lot shall be submitted to the Building
Official's Office prior to issuance of business license. In the event the waiver
is not granted, the applicant shall comply with all typical requirements
associated with site improvements for this use. Upon receipt of waiver, the
area depicted as gravel on the survey shall be upgraded with new gravel to
accommodate the storage and display of the LSVs.
11. Due to the existence of the 100 -Year floodplain on the Site, the parking or
placement of LSVs outside the existing limits of gravel, depicted on the Plan
referenced in Condition 1 above as "Edge of Gravel," shall be prohibited.
12. No repair of the LSVs shall be performed on Site other than washing, which
can only be done behind the existing building on the gravel area.
13. All renters of the LSV shall sign a "disclosure statement" that includes an
acknowledgement that all applicable laws of the Commonwealth of Virginia
and the City of Virginia Beach for motor vehicles apply to these low speed
vehicles including, but not limited to, parking, seat belt use, licensure and
permitted use areas (on roads less than thirty five (35) mph, no off road).
Said disclosure shall also state that, just as with any other motor vehicle,
failure to obey these laws and regulations will result in enforcement by the
Police Department.
14. A copy of the renter's valid, current driver's license shall be kept on file in
the business office of the applicant as a means of validating that the
operator(s) of the LSV does indeed have a driver's license.
15. No off-road use shall be permitted on beaches or dunes or other
environmentally sensitive areas or other areas restricted from motor vehicle
use.
16. All signage on the Site shall conform to all applicable Zoning Ordinance
requirements.
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 Ninth day of July, Two
Thousand Thirteen
July 9, 2013
-24 -
Item -IV-L3
PLANNING ITEM #62997(Continued)
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones
July 9, 2013
-25 -
Item -IV-I.4
PLANNING ITEM #62998
Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of DML/LYNNHAVENMALL, LLC for a
Conditional Use Permit re a Tattoo Parlor at 701 Lynnhaven Parkway DISTRICT 3 — ROSE HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of DML/LYNNHAVEN MALL, LLC for a
Conditional Use Permit re a Tattoo Parlor at 701 Lynnhaven Parkway
(GPIN 1496461559) DISTRICT 3 — ROSE HALL
The following conditions shall be required:
1. A Business License shall not be issued to the applicant without the approval
of the Health Department for consistency with the provisions of Chapter 23
of the City Code.
2. The actual tattooing operation on a customer shall not be visible from the
exterior of the establishment or from the retail sales area within the
establishment.
3. The hours of operation shall be 10:00 A.M. to 9:00 P.M, Monday through
Saturday, and from 12:00 P.M to 6:00 P.M on Sunday.
4. From November 22'" through January 1'`, the applicant may deviate from the
hours established in Condition 3 adhering to the modified Holiday hours of
operation as established by Lynnhaven Mall. This shall entail opening no
earlier than 6:00 A.M. and closing no later than 10:00 P.M.
5. The service of tattooing shall only be available to individuals over eighteen
(18) years of age regardless of the authorization or attendance of a legal
guardian, with the exception of medical reasons as specified by a physician.
6. The service of body piercing shall only be available to individuals over
fifteen (15) years of age.
7. All signage shall substantially conform to the submitted drawing titled,
"Signage Rendering, " dated May 29, 2013.
8. The layout of the facility shall substantially conform to the submitted
drawing titled, "Floorplan, " dated May 29, 2013.
9. In addition to the conditions above, the applicant shall also meet all
requirements of Section 23-51 and 23-53.1 of the City Code.
July 9, 2013
-26 -
Item -IV-I.4
PLANNING ITEM #62998(Continued)
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 Ninth day of July, Two
Thousand Thirteen
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones
July 9, 2013
-27 -
Item -IV-L5
PLANNING ITEM #62999
Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of OUR SAVIOUR LUTHERAN
CHURCH for a Conditional Use Permit re a columbarium at 4200 Shore Drive DISTRICT 4 —
BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of OUR SAVIOUR LUTHERAN
CHURCH for a Conditional Use Permit re a columbarium at 4200
Shore Drive (GPIN 1479981231) DISTRICT 4 — BAYSIDE
The following conditions shall be required.
1. Development of this Site shall substantially conform to the submitted
conceptual architectural drawing entitled, "Wall Section" and
"Elevation from Teal Court."
2. This Conditional Use Permit shall only apply to the area necessary
for the footprint of the columbarium, as shown on the drawing titled,
"Wall Section. " Said area shall project northward from the exterior
wall no more than seven (7) feet six (6) inches and to the East and
West no more than fifteen (15) feet.
3. No more than 126 niches are permitted with this Conditional Use
Permit. Said niches shall be developed in two (2) separate phases,
with the first phase consisting of no more than sixty three (63)
niches.
4. Prior to construction, the applicant shall submit all necessary
drawings and documents to obtain any required permits as specified
by the City of Virginia Beach.
5. Prior to construction, the applicant shall submit all required
drawings to the Development Services Center for review.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth day of July, Two
Thousand Thirteen
July 9, 2013
Item -IV -I.5
PLANNING
Voting:
10-0
Council Members Voting Aye:
-28-
ITEM #62999(Continued)
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones
July 9, 2013
-29 -
ITEM IV -J
APPOINTMENTS ITEM #63000
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
HUMAN RIGHTS COMMISSION
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
July 9, 2013
-30 -
ITEM IV -J
APPOINTMENTS ITEM #63001
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
CHERYL E. DAVIDSON
JENNIFER KREISER
Three Year Term — 04/01/2013 — 03/31/2017
HEALTH SERVICES ADVISORY BOARD
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones
July 9, 2013
-31 -
ITEM IV -J
APPOINTMENTS ITEM #63002
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
JOHN M. BAILLIO
WILLIAM M. WALSH, JR.
Two Year Term —11/01/2013 —10/31/2015
HISTORICAL REVIEW BOARD
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R "Bill" DeSteph, Robert M Dyer, Barbara
M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones
July 9, 2013
-32 -
ITEM IV -J
APPOINTMENTS ITEM #63003
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
DIANA LaCLAIRE
Three Year Term — 09/01/2013 — 08/31/2016
PUBLIC LIBRARY BOARD
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara
M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones
July 9, 2013
-33 -
ITEM IV -J
APPOINTMENTS ITEM #63004
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
KIM THUMEL
EDNA WEISS
Three Year Term — 09/01/2013 — 08/31/2016
REVIEW and ALLOCATION— COG
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones
July 9, 2013
-34 -
Item -V-M
ADJOURNMENT ITEM #63005
Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:05 P.M.
AmYnda Finley -Barnes, CMC
Chief Deputy City Clerk
.`ice
th Hodge raser, MMC William D. Sessoms, Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
July 9, 2013