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Home My WebLink AboutFEBRUARY 24, 2009 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR WILLIAM D. SESSOMS .JR., At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GI,ENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District] BARBARA M. HENLEY, Princess Anne - DlSlnct 7 JUHN E. UHRIN, Beach District 6 RUN A. VILLANUEVA, At-Large RUSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -DlStnct 5 CITY COUNCIL AGENDA 24 February 2009 CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY C111' ASSESSOR - JERALD BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC 1. CITY COUNCIL'S BRIEFINGS - Conference Room - A. VOLUNTEER RESOURCES - Annual Report Mary Russo, Director B. REAL ESTATE ASSESSMENT - Annual Report Jerald Banagan, City Assessor II. CITY MANAGER'S BRIEFINGS A. 2010 HEALTH CARE PLANNING Susie Walton, Deputy City Manager Kenneth Jeffries, Principal - Mercer B. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance C. PLANNING ITEMS PENDING Jack Whitney, Director - Planning III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW I' CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE-(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 1:00 PM I I V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V1. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Kevin Milcarek Pastor, Back Bay Christian Assembly of God C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSION 2. SPECIAL FORMAL SESSION February 3, 2009 February 17,2009 G. FORMAL SESSION AGENDA H. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY - SPORTSPLEX 2181and 2257 Landstown Road 2. POLLING PLACE CHANGE - Magic Hollow Precinct 1. CONSENT AGENDA I I J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code a. 910-1 re location of Magic Hollow Voting Precinct b. 92-348 re destruction of paid personal property tax records c. Chapter 28 to ADD a new Article IV re regulations for the discharge of fats, oils, grease, and other substances into the public sewer system 2. Resolution to EXECUTE a Memorandum of Agreement with Hampton Roads Sanitation District (HRSD) re grease control devices 3. Resolution to APPOINT Mark D. Stiles as City Attorney, effective March 1, 2009 4. Ordinance to AUTHORIZE a Housing Choice Voucher Administrative Plan and submit same to the Department of Housing and Urban Development (HUD) re Section 8 5. Resolution to REFER to the Planning Commission for consideration and recommendation an amendment to the Chesapeake Bay Preservation Area Ordinance re inclusion of swimming pool surface areas as impervious cover and to ESTABLISH uniform buffer mitigation standards 6. Ordinance to APPROPRIATE $9,826 from the Francis Land House Trust Fund to the Museum Department's budget re support of Adam Thoroughgood House 7. Ordinance to ACCEPT and APPROPRIATE an initiative grant of$416,754 from the Department of Homeland Security to the Police re Bomb Unit equipment 8. Ordinance to TRANSFER $128,650 from various sources to Communications and Information Technology (ComIT) re upgrades to the City's websites K. PLANNING 1. Application of ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC. (A.R.E.), for an Expansion ofa Nonconforming Use at 215 6ih Street - DISTRICT 5- LYNNHAVEN APPLICANT REQUESTS DEFERRAL TO MARCH 10,2009 2. Variance to 94.4(b) ofthe Subdivision Ordinance that requires all newly created lots meet the requirements ofthe City Zoning Ordinance (CZO) for CHARLES H. DAWSON re lot width at 4300 Charity Neck Road - DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL , II I I 3. Variance to S4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for BRUCE & KELLIE HENLEY re a flag lot at Charity Neck and North Muddy Creek Roads - DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 4. Applications of JOHN RODGER BURNS at 3477 Muddy Creek Road - DISTRICT 7- PRINCESS ANNE a. Variance to S4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) re constructing a dwelling in the floodplain b. Floodvlain Variance re construction fill and mitigation RECOMMENDATION APPROVAL 5. Application of STEPHEN C. SWAIN for an Expansion of a Nonconforming Use re additions to a two-story single family dwelling at 1107 Cedar Point Drive - DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROV AL 6. Application of W AL-MART REAL ESTATE BUSINESS TRUST for a Modification of Conditions Nos. 4, 6 and 10 to reduce parking spaces, enlarge and modernize the building, and, to provide more green space, (approved by City Council on May 14,1990) at 657 Phoenix Drive - DISTRICT 3 - ROSE HALL RECOMMENDATION APPROV AL 7. Application ofRE-BIRTH INTERNATIONAL MINISTRIES for a Conditional Use Permit re a church at 5249 Challedon Drive - DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 8. Application of CRESCENT COMMUNITY CENTER for a Conditional Use Permit re a church at 1401 Lynnhaven Parkway, Unit 101 - DISTRICT 3 - ROSE HALL RECOMMENDATION APPROV AL 9. Application of CARLA L. GRAHAM for a Conditional Use Permit re a Cosmetology School at 5760 Princess Anne Road - DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROV AL 10. Application of RICHMOND 20MHZ, L.L.c. d/b/a N TELOS for a Conditional Use Permit re a communication tower at 345 North Great Neck Road - DISTRICT 6 - BEACH RECOMMENDA nON APPROV AL I I 11. Application of ATTOM DONUTS, INC. for a Conditional Use Permit re a drive-through window for an eating and drinking establishment at 501 Laskin Road - DISTRICT 6 - BEACH STAFF RECOMMENDA nON PLANNING COMMISSION RECOMMENDATION DENIAL APPROVAL 12. Application of BURGER KING CORPORATION for a Conditional Use Permit re a drive- through window for an eating and drinking establishment at 524 Laskin Road - DISTRICT 6 -BEACH STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDA nON DENIAL APPROVAL 13. Application ofMETROTEC ASSOCIATES, INC. and ARVIND GOWDA for a Change of Zoning District Classification, from R-I0 Residential District to Conditional A-12 Apartment District on Shurney Lane - DISTRICT 4 - BA YSIDE RECOMMENDATION APPROVAL 14. Application ofPRINCESSBORO COMPANY, INC. for a Change of Zoning District Classification from AG-l Agricultural District to Conditional 0-2 Office and Conditional B-2 Community Business District re office and retail space at Princess Anne and Sandbridge Roads - DISTRICT 7 - PRINCESS ANNE DEFERRED BY CITY COUNCIL RECOMMENDATION JANUARY 27, 2009 APPROVAL 15. REQUEST TO WITHDRAW AN APPLICATION of WELDEN FIELD OF VIRGINIA, L.L.c. for a Change of Zoning District Classification from 1-1 Light Industrial District, R- 5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD-H2 Overlay at Regent University Drive and Jake Sears Road - DISTRICT 1 - CENTERVILLE RECOMMENDATION ALLOW WITHDRA W AL L. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION PLANNING COUNCIL M. UNFINISHED BUSINESS N. NEW BUSINESS II O. ADJOURNMENT Effective January 1, 2009: Virginia Beach City Council will hold Informal and Formal Sessions on the Second and Fourth Tuesdays of each month. Workshops will be scheduled for the First and Third Tuesdays of each month per action taken November 18, 2008. ******************* PROPOSED RESOURCE MANAGEMENT PLAN FY 2010 BUDGET WORKSHOPS March 24 City Manager's Presentation of Budget and CIP to City Council Council Chamber - 6 p.m. April 7 April 14 April 21 April 16 April 28 MayS May 12 Workshop Workshop Workshop Public Hearing Public Hearing Reconciliation Workshop Adoption Council Conference Room Council Conference Room Council Conference Room Green Run High School- 6 p.m. Council Chamber - 6 p.m. Council Conference Room Council Chamber - 6 p.m. ******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 2/24/09st www.vbgov.com I I - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 24, 2009 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL'S BRIEFING for the Annual Report of VOLUNTEER RESOURCES in the City Council Conference Room, Tuesday, February 24, 2009, at 1:00 P.M Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Absent: Robert M Dyer [Entered: 2:58 P.M Veterinarian - ill dog] John E. Uhrin [Entered: 1:07 P.M] Ron A. Villanueva [Entered: 1:24 P.Ml Rosemary Wilson [Entered: 1:22 P.Ml February 24, 2009 - 2 - CITY COUNCIL BRIEFING VOL UNTEER RESOURCES - Annual Report 1:00 P.M. ITEM # 58532 Mary C. Russo, Director - Volunteer Resources, advised she was proud to present the FY 2007-08 Annual Report. The Volunteer Program continues to prosper through the dedication of volunteer citizens and city staff. There are three (3) departments that continue to be the leaders for other city agencies for the region, state and nation. The most important gift our citizens have to give to their community is their time. After further review, Emergency Medical Service hours were underreported and their dollar value has changed to over $4-MILLION Thus, they are now Number I in the MILLION DOLLAR CLUB. EXCELLENCE MILLION DOLLAR CLUB Fiscal Year 2007/2008 Emer enc Medical Service Sheri s 0 Ice Parks and Recreation Hours 306,704 1,311,023 178,078 Value $ 4,345,378 $ 3,767,955 1,935,866 Over Achievers $100,000 and Over Agriculture Convention & Visitors Bureau Department of Economic Development Fire Human Services Juvenile Court Services Unit Museums & Cultural Arts Police Public Libraries There are nine (9) Over-Achievers providing over $100,000 to expand existing services, (two more than last year). Performance Fiscal Year Number of Hours Worked FTE Dol/ar Value Avoided Volunteers Equivalent Real Estate Tax Rate 2007/2008 19,354 1,079,767 519 $ 13,153,024 <3t The City now has a web-based database providing more accurate information. The volunteer office has an administrator who trains our operators and who understands the importance of gathering information. The newest statistics have added Volunteers. The Fiscal Year End report stipulated the Avoided Real Estate Tax Rate which nearly reaches three cents (3~) on one hundred dollars. It is a great tribute to our Volunteers who are helping in many areas of the City. February 24, 2009 I I - 3 - CITY COUNCIL BRIEFING VOLUNTEER RESOURCES - Annual Report ITEM # 58532 (Continued) Mrs. Russo displayed photographs of the Thirtieth Anniversary Celebration of Volunteerism in City Government. Thirty (30) years (1978-2008) of placing citizens in Virginia Beach City Government was celebrated on September 24, 2008, held in the Volunteer Recognition Garden. The Garden is a tribute to the thousands of Volunteers who have freely given of their time to their City Government, its leaders and fellow citizens. Volunteers strengthen the work of city government and, most of all, its relationship with the community. The following donors were recognized who have made the third and last phase of the garden possible: Armada Hoffler who is building the Gazebo, Home Depot who is donating the pavers, the Sheriff's Office who donated the proceeds from a golf outing, Princess Anne Garden Club and the Council of Garden Clubs donated the plantings around the third phase of the Garden. Dr. Hiroyuki Hamada was recognized as the guide for ten years of service to our Sister City, Miyazaki, Japan. As a gift of appreciation, Scott . Minner, local artist and teacher in the Virginia Beach Public Schools painted and donated an original painting representing two cities bridging the gap between cultures. We are very pleased that we have had the opportunity to share our knowledge of volunteerism with such gracious people. This past Summer, Dr. Hamada made it possible for the Mayor's Delegation to travel to Miyazaki by securing a grant from the JECC (Japanese Educational Cultural Center) Foundation. The Vision for the future of Volunteering is to continue to do more with less, encourage contributions of both money, time and public relations. As an example, Libraries print shop raised $73,901. The Volunteers are grateful to Media and Communications and Multi Media Services for collaborating in the development of an Internet of public relations. Mrs. Russo expressed appreciation to Susan Walston, Deputy Center Manager, and the City Manager's representative of the Volunteer Resources, Deborah A. Wellington, Administrative Technician (trains and acts as a "help desk" for the Volunteer Resource Managers) and Mary Freeman, Office Assistant, who responds to all telephone calls Monday through Thursday. Councilman Wood, Liaison to the Volunteer Resources, has been of valuable assistance and very encouraging in their efforts. Councilman Wood believes there are more volunteer hours which have not been reported. Next year, a "significant spike" should occur. Councilman Wood read into the Record "Senate Joint Resolution No. 366", Commending Mary Russo. The Patrons are Senators Wagner, Blevins, Miller, Northam and Stolle. The Clerk of the Senate shall prepare a copy of this resolution for presentation to Mary Russo as an expression of the General Assembly's appreciation of her outstanding volunteer service to the City of Virginia Beach and her fellow citizens. Said Resolution is hereby made a part of record. February 24, 2009 II Bill Tracking - 2009 session> Legislation Page 1 of 1 history I hilite I pdf 097606340 SENATE JOINT RESOLUTION NO. 366 Offered January 16, 2009 Commending Mary Russo. Patrons-- Wagner, Blevins, Miller, Y.B., Northam and Stolle WHEREAS, Mary Russo, the volunteer coordinator for the City of Virginia Beach Office of Volunteer Resources, is recognized for her 30 years of exemplary volunteer service to her community and her fellow citizens; and WHEREAS, an able administrator and visionary leader, Mary Russo has been the city council's tireless volunteer coordinator since the late 1970s; and WHEREAS, Mary Russo began as a volunteer with the Virginia Beach Volunteer Emergency Services along with a few volunteers assigned to the Virginia Beach Library Department; and WHEREAS, today, due to Mary Russo's excellent recruitment, the Virginia Beach Library Department is manned by 500 volunteers who work at the City Library in several shifts; and WHEREAS, over the years, Mary Russo has encouraged more than 30 departments to utilize the efforts of enthusiastic and trained volunteers who work alongside city employees every day; and WHEREAS, Mary Russo garners constant praise for her commitment to Virginia Beach and her fellow residents, and she receives no monetary compensation at all; she can be found almost every day hard at work in the volunteer office; and WHEREAS, for the past five years, Mary Russo, providing extensive training as well as her considerable expertise, has assisted the Virginia Beach volunteer program's sister city of Miyazaki, Japan, in establishing its own successful volunteer program; and WHEREAS, because of Mary Russo's many talents and innate ability to inspire others, the City of Virginia Beach has utilized 12,487 volunteers who have contributed 780,560 hours valued at over $9 million, saving citizens two cents on every dollar; and WHEREAS, Mary Russo was honored at a gala celebration of the 30th anniversary of the City of Virginia Beach Volunteer Resources held in the Volunteer Garden at the Virginia Beach City Hall on September 30,2008; now, therefore, be it RESOL VED by the Senate, the House of Delegates concurring, That the General Assembly commend Mary Russo for her 30 years ofleadership as the volunteer coordinator for the City of Virginia Beach Volunteer Resources; and, be it RESOL VED FURTHER, That the Clerk of the Senate prepare a copy of this resolution for presentation to Mary Russo as an expression of the General Assembly's appreciation of her outstanding volunteer service to the City of Virginia Beach and her fellow citizens. Legislative Information System http://legl.state.va.us/cgi-bin/legp504.exe?091 +ful+SJ366 1/30/2009 II -4- CITY COUNCIL BRIEFING REAL ESTATE ASSESSMENT - Annual Report 1:13 P.M. ITEM # 58533 On Friday, February 27,2009, the City Assessor's Office will mail Notices of Assessment for FY 2010. All property owners will receive an assessment notice. In years past, only those owners of property with increased assessments received notices. Approximately 75% of all properties will receive a decrease, approximately 8% of all properties will remain uncharged, and approximately 17% will receive an increase. The assessments were prepared utilizing sales data from 2008. The Projected FY 2010 assessment of $55,451,817,756 represents a 2.3% decrease over the current assessment. Change in land due to rezoning and subdivisions amounted to approximately $247,000,000. Projected FY 2010 Real Estate Assessments Assessments $55,451,817,756 Tax Revenue * $ 493,521,178 *Based upon FY 2009 tax rate of $0.89 Each $.01 of the tax rate will generate $5,545,000 A verage Appreciation/Depreciation Overall Median ChanJ!e Overall Mean ChanJ!e -3.32% -3.46% Residential -3.66% Residential -3.95% Apartment 2.69% Apartment 3.28% C ommerc iallIndustrial 2.05% C ommerc iall1ndustrial 5.21% 75% of Assessments were reduced 8% of Assessments remained the same 17% of Assessments were increased 110, 106 Properties 11,967 Properties 24,847 Properties A verage Appreciation/Depreciation Fiscal Year Avera1!e Chan1!e 2010 -3.46% 2009 2.56% 2008 18.54% 2007 19.61 % 2006 19.78% February 24, 2009 II - 5 - CITY COUNCIL BRIEFING REAL ESTATE ASSESSMENT - Annual Report ITEM # 58533 (Continued) Average Residential Values TJ!]Le Mean Assessment* Chan!!e in Mean Sin~le Family $346,100 -$17,600 -4.8% Townhouse $174,100 -$4,100 -2.3% Low Rise Condominium $256,600 -$11,800 -4.4% Hi~h Rise Condo/Co-op $385,700 -$12,700 -3.2% Duplex/Home with Apartments $457,600 -$8,200 -1.8% All Residences $312,000 -$15,200 -4.7% *Rounded to nearest $100 Assessment Comparison by Classification Classification 2010 Assessment 2009 Assessment General Commercial 9.0% 8.3% Hotel 1.9% 1.7% Office 2.6% 15.0% 2.3% 13.7% Industrial 1.5% 1.3% Apartment 5.0% 4.6% Residential 62.9% 64.7% Townhouse 6.2% 85.0% 6.3% 86.3% Condominium 10.5% 10.3 % A!!riculture 0.4% 0.4% February 24, 2009 I I - 6 - CITY COUNCIL BRIEFING REAL ESTATE ASSESSMENT - Annual Report ITEM # 58533 (Continued) New Construction (January 2008 thru December 2008) Commercial 46 General Commercial $ 91,403,100 1 Hotel 8,990,200 21 Industrial 22,489,800 18 Office 57,585,160 124 Commercial/Industrial 40,319,100 Additions TOTAL Commercial New Construction $ 220,787,369 33.8% Residential 354 Sin1fle Family $134,212,660 11 Duplexes 2,645,680 22 Townhouses 3,614,500 674 Condominium Units 181,421,800 586 Apartments/Multi-Familv 67,738,100 1,834 Residential Additions 43,384,115 Total Residential New Construction $433,016,855 66.2% Total New Construction $653.804.224 100% February 24, 2009 - 7 - CITY COUNCIL BRIEFING REAL ESTATE ASSESSMENT - Annual Report ITEM # 58533 (Continued) The total number of new housing units built in 2008 was 1,658: Homes: Duplex Units Apartment Units 1,050 22 586 I I February 24, 2009 - 8 - CITY COUNCIL BRIEFING REAL ESTATE ASSESSMENT - Annual Report ITEM # 58533 (Continued) Councilman DeSteph inquired if TimeShares are counted as commercial or residential? Mr. Banagan advised these TimeShares at the Oceanfront are counted as commercial. A number oj condominiums were built in the 1980 's, which were built as investment property. A number of those, over time, have been bought back by the developer and turned back into Timeshares. The units are committed by a document. Real Estate Tax Relief Income and Net Worth Limitations Current State Limitations Income $ 67,000 Net Worth $ 350,000 Current Virginia Beach Limitations Income: . Deferral . Freeze . Exemption . 100% . 20% $ 63,450 $ 63,450 $0 - $47,100 $48,000 - $63,450 Net Worth $350,000 (All Programs) Real Estate Tax Programfor Senior Citizens and Disabled Persons Year Recivients Tax Deferred Tax Reduction FY 2009 7,143 $30,596 $15,993,977 FY 2008 6,408 $35,304 $14,011,232 FY 2007 5,420 $79,342 $ 9,651,395 FY 2006 4,539 $72,806 $ 6,147,803 FY 2005 3,803 $36,849 $ 4,660,146 FY 2004 3,396 $21,710 $ 3,462,498 Mr. Banagan advised Councilman Davis the Average Appreciation/Depreciation and number 0) assessments reduced remained the same or increased, just the residential properties could be provided. Mr. Banagan advised Council Lady Wilson re residency for exemption - Senior Citizens and Disabled Persons, the individual must be a resident of the City when the tax year commences. The City Manager advised the Lynnhaven Mall Tax Increment Financing (TIF) will be paid off in 2013. When paid off, these monies will be placed in the General Fund (slightly over $2.5-MlLLION per year). Februarv 24.2009 ,II - 9 - C IT Y MANA G E R 'S B R IE FIN G 2010 HEALTH CARE PLANNING ITEM # 58534 1:27 P.M. Susan Walston, Deputy City Manager, cited the purposes for the Briefing: . Share work to-date · Plan design options for 2010, including High Deductible Health Plan (HDHP) with a Health Savings Account (HSA) as directed by Council · Strategies on Premium Rates and Employer Contribution . Solicit Council direction in order to: · Finalize plan design · Prepare recommendations on rates and contribution Mrs. Walston introduced Kenneth Jeffries, Principal - Mercer, who will provide the specifics of the Plan.; Linda Matkins - Director of the Consolidated Benefits Office, Associate City Attorney Marjorie Smith - Executive Committee Member. Kenneth Jeffries, Principal- Mercer, advised the specifics of the Plan: Health Savings Account (HAS) . Available since January 1, 2004; part of Medicare reform law . A savings/spending account held in Trust, like an IRA, balance rolls over from year-to-year . Portability of Funds: · Belong to the individual, not the employer, move with the individual · Can be transferred by individual to another HSA administrator . Triple tax-favored, if conditions are met: · Contributions are tax-free (subject to limits) · Earnings are tax-free · Distributions for qualified medical expenses are tax-free . Flexibility of design: · Employer may sponsor and/or contribute or do neither · Individuals may contribute · Total (employer and individual) contribution limits are $3,000 individual / $5, 950 family (for 2009) . Limitations: · Individual cannot be: Covered by other non-HDHP coverage Covered by Medicare (but they can be eligible) Eligible to be claimed as a dependent on another's tax return Covered under another employer or spouse coverage or have funds contributed to an Health Reimbursement Account (HRA) or Flexible Spending Account (FSA) unless they are limited use · Monthly administration fee . Required Plan Coverage: · To contribute, individual must be covered by a "high-deductible health plan" (HDHP) February 24, 2009 I I - 10- C IT Y MANA G E R 'S B R IE FIN G 2010 HEALTH CARE PLANNING ITEM # 58534 (Continued) High Deductible Health Plan with Health Savings Account . Plan Criteria - High Deductible Health Plan (HDHP) must meet certain plan design criteria to offer a Health Savings Account (HAS). Each year, the IRS publishes HDHP with HSA limits based on cost-of-living adjustmentfactors; limits for 2009 are asfollows: Maximum HSA contribution (Combined Employer and Em 10 ee High Deductible Health Plan (HDHP) minimum annual deductible HDHP maximum out-o - ocket limit Sin Ie $ 3,000 Famil $ 5,950 $ 1,150 $ 2,300 $ 5,800 $11,600 Indexed annual amounts to be released by June annually . Proposed HSA Employer Contribution - $500 annually (national average $501 annually) . Rationale for Offering Health Savings Account: . Triple Tax Advantages . Portability . Accumulation and growth of unused funds to meet enrollee future needs - Balance rolls over from year to year . Rationale for Offering High Deductible Health Plan with HSA: . Increased awareness of the real cost of health care services . Increased involvement in personal health care decisions including treatment options . Over time, with increased enrollment, could reduce the total claims cost and GASB 45 liability To date, research shows a low percentage of health care plan enrollees chose a HDHPIHSA when other plans are offered. HDHPs are complex and require extensive education efforts 2009 Health Plan Offerings . Current Plan Offerings (with January 2009 enrollment data) City Schools HMO 5,466 8,065 Premier PPO 23 62 Basic PPO 78 188 Point of Servie (POS) - Retiree only 382 575 February 24, 2009 I I, - 11 - C IT Y MANA G E R 'S B R IE FIN G 2010 HEALTH CARE PLANNING ITEM # 58534 (Continued) 2010 Health Plan Offerings . Proposed Plan Design Offeringfor 2010 (Staff Recommendation) · HMO Plan (current plan with no changes proposed) - Greatest Level of Coverage for Employees at 100% Relative Value · PPO Plan (reduced coverage from current PPO plan) - Moderate Level of Coverage at 90% Relative Value · HDHP w/HSA (changes to Basic PPO plan to comply with IRS requirements) - Lowest Level of Coverage at 80% Relative Value · pos - Retiree Only (incorporate proposed changes to PPO plan as the out of area coverage level) -110% Relative Value to HMO plan The "Relative Value" is indicating a value of coverage between plans. The HMO is shown as the benchmark at 100%; therefore, the PPO Plan is equal to 90% in terms of value in coverage as a comparison to the HMO plan. . Considered Alternate Plan Design Offeringfor 2010 · Offer two plan designs (in addition to retiree only plan) - eliminate PPO HMO Plan (current plan with no changes proposed) HDHP w/HSA (changes to Basic P PO plan to comply with IRS requirements; however change co-insurance for in-network from 70% to 80% and out-of- networkfrom 50% to 60% - changing relative value to .84%) POS (Retiree Only) (incorporate proposed change to PPO plan as the out of area coverage level) · Offering two plans simplifies the benefit offerings for employees, but reduces choice · Recommend in future year(s) after implementation and experience with HDHP 2010 Proposed Plan Design Changes . HMO - No changes . PPO (modifY current Premier PPO) · Increase in-network deductiblefrom $0/$0 to $400/$800 · Adjust in-network out-of-pocket maxfrom $5K/$10K to $4K/$8K · Eliminate co-pay and institute co-insurance · Provide in-network preventive care at 100% before deductible . HDHP (modifY current Basic PPO) · Required increase in deductible to IRS minimum for in-network coverage from $1,000/$2,000 to $1,150/$2,300 · Increase out-of-pocket max to IRS maximumfrom $5,000/$10,000 to $5,800/$11,600 · Cover preventive at 100% before deductible and remove annual maximum · Pharmacy covered after deductible per IRS requirements, but may allow "preventive" drugs to be covered at current copay/coinsurance amounts before deductible. . POS . Out-of-Area Network coverage would be changed as indicated above for PPO February 24, 2009 I II - 12 - C IT Y MANA G E R 'S B R IE FIN G 2010 HEALTH CARE PLANNING ITEM # 58534 (Continued) Mrs. Walston cited information concerning the Premium Rate Setting/Contribution Strategy: . Projected 2009 Medical Cost Trend 7% (Trend experience in 20084%,2007 -2.5%) . Establish annual rates and premiums based upon the relative value among tiers - Further reduces implicit subsidy · Experience indicates that, on the average: - Employee + Child coverage is 1.45 times the cost of Employee Only coverage Family coverage is 3.20 times the cost of Employee Only coverage - Adjustments need to be made for new plan years. . Establish annual rates and premiums based upon the relative value among plans - Further reduces implicit subsidy · HMO has highest coverage, 1 0% higher than the PPO, 20% higher than the HDHP. · Value of the HSA employer contribution for the HDHP should also be considered when establishing rates . Contribution Strategy - Propose eliminating "set amount" and cover premiums at 90% for employee and 50% for dependent(s) Next Steps . Direction on 2010 plan design and contribution strategy . Employee communication/education regarding HDHP/HSA (beginning March 2009) . Final plan design and rates provided to Council (June 2009) . Open Enrollment (October/November 2009) . Plan Effective (January 2010) . Claims Audit - Complete July 2009 . GASB 45 Retiree Health Liability Valuation - Complete February, 2009, forward to City Auditor for review of assumptions . Dependent Audit - Issuance of dependent certification request to be completed by March 2009 (Schools) and June 2009 (City). Issuance of documentation request to be completed by May 2009 (Schools) and August 2009 (City). Dependent Audit will continue as an on-going effort to ensure proper enrollment on plans. . Request for Proposal (RFP) for Health Care - Self and Fully Insured Options - Complete for effective date of January 1,2011. Lyndon S. Remias, City Auditor, is directing the Claims Audit, contingency based audit which has been awarded. The City does not pay the company, unless they actually recover amounts. Therefore, the company will receive twenty-five percent (25%) of the actual recovery of claims due the City. Staff will come forward in June with the final plan designs, including the High Deductible Health Plan and Health Savings Account, as well as possibly bringing back different contribution strategy for City Council's consideration February 24, 2009 I II - 13 - C IT Y MANA G E R 'S B R IE FIN G 2010 HEALTH CARE PLANNING ITEM # 58534 (Continued) Staff will receive the first quarter results of Claims data from Sentara at the end of April or beginning of May. This will be needed to adjust projections and perform all the studies. This will require work by Mercer and meetings of the Benefits Executive Committee to review recommendations. If the employee were to get a Health Savings Account (HSA), they could still have a Flexible Spending Account (FSA), but it might be restricted to child care. The FSA does not roll over. When staff returns with the contribution strategy, the difference in cost between the set amount and the amount being paidfor the 90% employee and 50% dependent shall be presented. February 24, 2009 I II - 14 - C IT Y MANA G E R 'S B R IE FIN G INTERIM FINANCIAL STATEMENT 1:55 P.M. ITEM # 58535 Patricia Phillips, Director - Finance, advised the complete Interim Financial Statements through January were distributed to City Council in their package on Friday, February 20, 2009. Overview ~ General Fund FY 2009 Revenues o FY 2009 Expenditures Projections ~ Water and Sewer Fund ~ Next Steps FY2009 Year To Date General Fund Revenues Compared to Historic Trend January 31, 2009 100% --- ---------------------- 80% Ul CII ::I C ~ :J. 60% ! {!. ... ~ 40% c CII l:! CII II. 20% - - - - - - - - - 1-0.30/0 - 14:-20/1- - - - - - -- 'K.-- 13.7% 2.6% 5.1~ 10.7% 'K.~5.5% 0% Jul Aug SOl' Oct Nov Dee Jan Month Fell Mar Apr May Jun ........... Historic Trend -'K.- Percent of FYOg Budget FY 2009 - General Fund Revenues ~ Total Revenues are $484.3-MILLION - 45.3% ~ Ahead on 3-yr average (45.2%); behind compared to 2008 (45.4%) ~ Many items are on a 2-month lag ~ Business license tax (BPOL) due in March ~ Personal Property tax due June 5 ~ Interest rate environment ~ Economy FY 2009 - General Fund Revenues Budf!et Actual Variance % of Budget FY 2007 $ 963.6 $ 970.2 $ 6.6 0.7% FY 2008 $1,026.4 $1,018.4 $ (8. 0.) (0.8%) (In MILLIONS) February 24, 2009 ~ $60.0 ::Ii ... '" CIl ::l ; $40.0 > CIl 0:: - 15 - C IT Y MANA G E R 'S B R IE FIN G INTERIM FINANCIAL STATEMENT ITEM # 58535 (Continued) Real Estate Revenues Januarv 31.. 2005 - 2009 $600.0 ... --__ . . .--.. .... --........---.........----.......----.....----..----....-___....____....____..___m.....____.......____......._ 100.0''' FAVORABLE TREND Budget 90.0''' $479.2 80.0% 70.0''' 60.0"1. 50.0% 40.0''' 30.0% 20.0% 10.0% 0.0''' I II 100.0"10 '" 60.0% .2 U .!! "0 o 40.0% ~ I- ..... o ~ 20.0% 0.0"/. The chart reflects the local portion onlv of Personal Property taxes. The Bills have not been prepared for June 5, 2009 due date. Personal Property Taxes are expected to be under budget. These figures reflect such items as people not buying new cars. $500.0 $400.0 $300.0 $200.0 $100.0 $0.0 FY 2005 FY 2008 FY 2009 FY2006 FY 2007 Fiscal Year c::::::I Annual CoUections _YTD -0-% of Tatal Personal Property Taxes - Local (excludes PPTRA) $100.0 January 31,2005 - 2009 UNFAVORABLE TRENjj------ Budget $78.3 $80.0 .............................. ................... ..................................................... 80.0% $71.5 $20.0 $0.0 FY 2005 FY 2006 FY 2009 FY 2007 Fiscal Year FY 2008 E:EEAMualColleetions _YTD -<>-%ofTotal I February 24, 2009 I II - 16 - C IT Y MANA G E R 'S B R IE FIN G INTERIM FINANCIAL STATEMENT ITEM # 58535 (Continued) PPTRA (Personal Property Tax Relief Act) is the State Portion of Virginia Beach's Property Tax. This is very important in terms of balancing the Revenue Budget. PPTRA - STATE Budget for FY 2009 $53.4-MILLION Proiected Schedule for FY 2009 1ST Payment, November 15, 2008 $ 6.5-MILLION 2nd Payment, July 31,2009 $42.5-MILLION 3Td Payment, AUJ[ust 15th, 2009 $ 4.4-MILLION Risk General Sales Taxes January 31, 2005 - 2009 ...........-...........-....-............-........-..................--..---........-............-....-.....-....-......-...........-....-... ........... 100.0% UNFA VORABLE TREND $100.0 $80.0 ~ $60.0 i .. J $40.0 .........................................................._-.................................................. 80.0% 60.0% g I ~ 40.0% ! '15 f. 20.0% $0.0 0.0% FY 2006 FY 2006 FY 2007 Fiscal Year FY 2008 FY 2009 c:::::a Annual CoUectlons _ '('TO -0-0.401 Total I Business Licenses (BPOL) January 31,2005 - 2009 $60.0 ~~~.___...___...__.....__...__.....__..._w_...w....._~w.__w.....ww...__.....__...__'.'__.....w_w..___.....__..._w....._w...w_.....__...w_.....w_..____...__...___.,___"O___W",_w_", 50.0% UNFA VORABLE TREND $50.0 ............................................................................................................... $40.0 $41.8 Budget $43.2 4O.0~o $30.0 30.0%~ o ti ~ (; o l!i 20.0%~ o ~ 10.0% $0.0 0.0% FY 2005 FY 2006 FY 2007 Fiscal Year FY 2008 FY 2009 ~ualcollectioll& _no -<:>-% of Total I February 24, 2009 I II - 17 - C IT Y MANA G E R 'S B R IE FIN G INTERIM FINANCIAL STATEMENT ITEM # 58535 (Continued) Business License Tax (another Annual Tax) is due in March. The Commissioner of Revenue predicts this could be $1.8-MILLION under budget. Hotel Room Taxes January 31, 2005 - 2009 $30.0 100.0% $26.0 Budget ...................................................................... ~~~:~................ .$2.4.1......... $22.6 UNFAVORABLE TREND $20,0 80.0% 73.1% 71.8% 60.0% " o ~ $16.0 :IE .. .. .. :J :i $10.0 > lJ. 40.0% 20.0% $0.0 0.0% "~ "~ "= "~ "~ Fiscal Year er:;;::JAnnualCollecttons _YTD -0--;0 of Total There is some slight downward trend in Hotel Room Taxes, although very minor. $17.3-MILLION has been collected at this point in time. Restaurant Meal Taxes Januarv 31. 2005 - 2009 $80.0 .. ....0. ....... ...0.. _0 .n.._..._...o_.......o.....o...............o_.........n.OO....oo.._o...o..n....o...._....o_.....__...o_... 100.0% ON TREND $70.0 .............................................................................................................. 90.0% 80.0% $60.0 70.0% $60.0 60.0% $40.0 60.0% 411.0% $30.0 30.0% $20.0 20.0% $10.0 10.0% $0.0 0.0% FY 2006 FY 2006 FY 2007 Fiscal Year FY 2008 FY 2009 ~AnnuaICOI..otions _YTO -0-% of Total I February 24, 2009 100% III CII ... ::s 80% .... :a c CII c. 60% >< w J9 0 I- 40% .... 0 .... c CII u 20% ... CII Cl. 0% I II - 18 - C IT Y MANA G E R 'S B R IE FIN G INTERIM FINANCIAL STATEMENT ITEM # 58535 (Continued) Summary of General Fund Revenues (In Millions) January 31, 2009 Local Revenues Real &tate TaJles $251.6 52.5% 51.7% F $6.0 Personal Property TaJles 78.3 14.8 19.0% 20.7% U (15.1) Personal Property - PPfRA 53.4 6.5 12.2% 12.2% A G:nernl SalesTaJles 56.0 27.1 48.4% 51.9% U (4.1) Utility TaJles 49.0 21.8 44.5% 45.2% U (0.7) Res taurant Meal Taxes 48.7 29.4 60.2% 60.5% U 0.2 Business licenses 43.2 2.5 5.8% 7.4% U (1.8) Hotel Room Taxes 24.1 17.3 71.8% 74,1% U (0.7) Cigarette Taxes 13.2 6.9 52.3% 56.8% U (OJ) Interes t !ncmre 6.1 37 61.1% 68.5% U (0.2) Autmmbile Licenses 9.0 4.3 47.9% 50.3% U Public Service (RE and PP) 6.1 3.6 58.8% 52.7% F l.l Rental Incmre 5.3 2.4 44.8% 31.5% F AIruSeIrent Taxes 5.6 3.8 67.4% 64.3% F (0.4) Other Local Revenues 66.0 217 35.9% 37.6% U 0.4 State Revenues 102.8 52.4 51.0% 35.4% F (1.8) Federal Reveuues 23.5 12.4 52.8% 50.5% F $1.069.6 $484.3 45.3% 45.4% U $(17.5) FY 2009 Year to Date General Fund Expenditures Compared to Historic Trend January 31, 2009 100.0% 60.9% )K 51.0% ~ 60.3% 43.6%~)K 51.5% . - - - - - - - ~5.7D/:,:::+::-~~2.3% 23.1% / 35.3% _ _ ~~.~D~~)K_23.6% 7.~~. ~-:::- 18.0% 11.5% Jul Feb Aug Sep Oct Nov -- Historic Trend Dee Jan Month -::1:- Percent of FY09 Budget Mar Apr May Jun February 24, 2009 I II - 19 - C IT Y MANA G E R 'S B R IE FIN G INTERIM FINANCIAL STATEMENT ITEM # 58535 (Continued) General Fund FY 2009 Expenditures ~ Total at January 31, 2009: $679.6-MILLION, or 60.3% ~ Historical Trend 60.9% ~ Departmental Targeted Savings: $7.5-MILLION or 1.25% ~ Projected Expenditures at June 30,2009 = $1,093 - $1,096-MILLION ~ Budgeted Expenditures = $1,126-MILLION ~ Historical Comparison - Budget to Actual Relative Budgeted Expenditures ($1,126-MILLION), Mrs. Phillips advised Councilman DeSteph, this amount includes debt service and denotes General Fund only. SA VINGS (In MILIONS) Total % of Total % of City Budf!,et City BudJlet Schools 2007 (Actual) $51.7 4.1% $25.9 3.8% $15.8 2008 (Actual) $60.3 5.6% $25.0 3.5% $35.3 Recap - General Fund Projections for June 30, 2009 At February 24, 2009 (In MILLIONS) Revenues $ 1,069 $ 1,051 - $ 1,054 <$15> -<$18> Expenditures $ 1,126 $ 1,093 - $ 1,096 $ 30 - $33 Projected Fund Balance $118 % of FY 2010 Revenues 11% Excess over 10% $ 15-MILLION Water and Sewer Enterprise Fund January 31, 2009 (In MILLIONS) ~ Lower water consumption than budgeted ~ Lower Connection fees revenues due to slowdown in construction Budf!,et Actual % Revenues $ 101.4 $ 51.4 50.7% Expenditures $ 109.0 $ 55.0 50.5% Costs also down- Water Services contract - only 12% variable costs Year End expected to be within budget overall February 24, 2009 I II - 20- C IT Y MANA G E R 'S B R IE FIN G INTERIM FINANCIAL STATEMENT ITEM # 58535 (Continued) Water and Sewer Enterprise Fund Water Consumption Fiscal Year 2009 45.0 40.1 40.4 40.1 ;., ~ Q 40.0 . ~ ... ~ = .s: ;; '" = :S ~ 35.0 33.53 -------------------------------------~.lI4---jO~ii9---Tf::J . 30.0 28.62 25.0 (A) (A) (A) (A) (A) (A) (A) (P) (P) (P) (P) (P) Jul-08 Aug-OS Sep-OS Oct-OS Nov-OS Dec-OS Jan-09 Feb-09 Mar-09 Apr-09 May-09 Jun-09 -- Actual (A) MGD / Projected (P) MGD -- Target MGD Notes: Actual/Projected water consumption is 33.89 MGD vs. Budgeted 35.5 MGD Target water consumption is based on Fiscal Year 2005 thru 2008 Next Steps ~ Continue to Monitor Revenues in FY 2009 Business Licenses - March Personal Property - March/April ~ Report Again Next Month February 24, 2009 I I - 21 - CITY MANA GER 'S BRIEFING PLANNING ITEMS PENDING 2:10 P.M. ITEM # 58536 Jack Whitney, Director - Planning, gave a brief synopsis of the Planning Items pending for City Council on March 10, 2009 and March 24, 2009: March 10, 2009 Olivia Daniels - Conditional Use Permit Kempsville District The applicant proposes a faith-based, nonprofit school and home daycare facility (Destiny Academy of Learning), serving up to 12 children between the ages of 2 and 11 years. Building will be upgraded to meet Building and Fire codes for this use. Applicant has extensive community support of the proposal. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (11-0) Consent Agenda No opposition Councilman Diezel inquired re establishment of a space requirement to these structures. Mr. Whitney advised the application must meet the State's requirement for space per child. Councilman Diezel suggested some specific number that could parallel the State requirement and impose even greater safety. Mr. Whitney advised this concept would be reviewed. Koehler-Pfotenhauer - Conditional Use Permit Princess Anne District The applicant requests a Modification of Proffers to allow use of an existing vacant building, previously used for a skating rink, as a skateboard park. The existing proffers allow only the uses permitted in the 0-1 District and a skating rink; thus, the need for the modification of the proffers. AICUZ is less than 65. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) No opposition Consent Agenda February 24, 2009 I II - 22- C IT Y MANA G E R 'S B R IE FIN G PLANNING ITEMS PENDING ITEM # 58536 (Continued) Alexis Holdings - Conditional Use Permit Rose Hall District The applicant requests a Conditional Use Permit for an expansion of the automobile sales and service facility currently located adjacent to the subject site. The existing building will be upgraded to match the adjacent auto sales building and the site will be upgraded. AICUZ is 65-70. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (11-0) No opposition Consent Agenda Pontiac Arms - Conditional Use Permit Beach District The applicant requests a Conditional Use Permit to allow development of the site for a commercial parking lot. The operating hours for the lot will match that of the City's lots. The site will be improved to meet the standards established for commercial parking lots at the Resort Area. AICUZ is less than 65. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) No opposition Consent Agenda City (CZO amendment! setbackfrom ultimate R.O. w.) An Ordinance to delete Section 201 (b) of the City Zoning Ordinance pertaining to setbacks from the ultimate right-of-way as shown on the Master Transportation Plan. City (CZO amendment! signs for religious uses) Ordinance to amend City Zoning Ordinance Sections 211 and 230 pertaining to signage for religious uses. February 24, 2009 I I - 23 - C IT Y MANA G E R 'S B R IE FIN G PLANNING ITEMS PENDING ITEM # 58536 (Continued) WOW II - Conditional Use Permit Lynnhaven District The applicant requests a Conditional Use Permit to allow for a public or private college or university and beauty salon - spa. The existing building is 55,746 square feet. The applicant desires to operate in 6,000 square feet of the building. The balance of the building square footage will be used for office space. AICUZ is 70-75 Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0-1) No opposition Consent Agenda Thumel Associates, L.c. - Conditional Use Permit Lynnhaven District The applicant requests a Conditional Use Permit to allow motor vehicle sales and service on the front portion of the property and bulk storage in a designated area on the rear portion of the property. The existing building and the site will be extensively upgraded. AICUZ is greater than 75. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (11-0) No opposition Consent Agenda March 24, 2009 Town Center Associates, L.L.C. - Street Closure Lynnhaven District The applicant requests a closure of a very small portion of the Market Street right-of- way and subjacent air space in order to square off the corner and ultimately construct a 15-story building consisting of a retail component and up to 208 units as a mix of hotel and apartments. AICUZ is less than 65. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0-1) No opposition Consent Agenda February 24, 2009 I I - 24- C IT Y MANA G E R 'S B R IE FIN G PLANNING ITEMS PENDING ITEM # 58536 (Continued) Town Center Block 10- Conditional Use Permit Lynnhaven District The applicant requests a Conditional Use Permit to allow a public or private college or university to occupy a portion of the building. Classes are primarily online. Parking for the use will be met in the Block 7 and 10 parking garages. The required parking study for the use has been submitted and approved. AICUZ is less than 65. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0-1) No opposition Consent Agenda Daniel Blevins - Modification of a Conditional Rezoning Centerville District The applicant has three (3) requests: Rezone an area acquired from the adjacent shopping center to allow construction of an apartment building. Rezone a strip of land conveyed to the shopping center to the same B-2 Zoning as the shopping center. ModifY the proffered plan for the apartments to allow covered garages and an increase of twelve (12) dwelling units. AICUZ in less than 65. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (11-0) No opposition Consent Agenda February 24, 2009 I II - 25 - C IT Y MANA G E R 'S B R IE FIN G PLANNING ITEMS PENDING ITEM # 58536 (Continued) Julie Coleman -Zen Hot Yoga - Conditional Use Permit Princess Anne District The applicant requests a Conditional Use Permit to allow a yoga studio within a retail center. The applicant intends to have up to forty (40) participants. As this is considered an "assembly use", a Use Permit is required. AICUZ is less than 70 - 75 and APZ 2. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (II-O) No opposition Consent Agenda Bruce and Elizabeth Hedlund - Subdivision Variance Kempsville District The applicant requests a Subdivision Variance to allow division of the existing 1.8-acre site into two lots. Site can be subdivided by-right into five (5) lots on a cul-de-sac; however; the applicant desires only the two (2) lots which will share a driveway. AICUZ is less than 65. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (I 0-0) No opposition - However, Mr. Whitney advised there will be opposition during the City Council Session. McRjers, LLC - Street Closure Bayside District The applicant requests to close a small portion of an unimproved right-of-way known as Windsor Crescent to eliminate an existing encroachment of the home into the public right-of-way. The portion being closed has no impact on the public's ability to access the beach. AICUZ is less than 65. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (I 0-0) There was opposition February 24, 2009 I I - 26- C IT Y MANA G E R 'S B R IE FIN G PLANNING ITEMS PENDING ITEM # 58536 (Continued) Regent University - Conditional Use Permit Centerville District The applicant requests a Conditional Use Permit to allow development of the site for two (2) student dormitory buildings and a dining hall. The proposed buildings will be adjacent to the existing dormitories. Dormitory 1, proposed on the western side of the site, will house 480 freshman and sophomore students. These students will not be allowed to have vehicles on campus. Dormitory 2, proposed on the eastern side of the site, will house 325 juniors, seniors and graduates. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (11-0) No opposition Consent Agenda Floridays, LLC- Conditional Rezoning Lynnhaven District The applicant proposes to rezone the existing R-7.5 property to Conditional A-24 Apartment District in order to construct a 16-unit, town home-style community on 1.54 acres at a density of 10.38 units to the acre. The proffered building elevation drawings depict three-story units each with a single-car garage. AICUZ is less than 65 Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (11-0) No opposition Consent Agenda Opposition is expected during the City Council Session Robert H. Johnson - Subdivision Variance Beach District The applicant desires to subdivide the existing lot into two lots in order to redevelop the site with a single-family dwelling on each of the newly created lots. A Subdivision Variance is necessary since the proposed lots do not meet lot width requiredfor the R-5D District (52.5 feet rather than 60 feet). A duplex could be built on the lot by-right; therefore, there is no increase in density. AICUZ in greater than 75. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (11-0) No opposition Consent Agenda February 24, 2009 I II - 27- CITY COUNCIL COMMENTS 2:30 P.M. ITEM # 58537 Councilman Villanueva referenced increased development opportunities in Virginia Beach. Last week a report was received from City Manager James K. Spore and Patricia Phillips, Director of Finance, re small women and minority business expenditures have increased. One, of the items Mayor Sessoms communicated at his small business event was the contractors' and vendors' desire to be qualified and registered on a bidders list. Mayor Sessoms referenced his Brealifast every six months and all are invited. His last Breakfast was attended by approximately twenty (20) small businesses. The attendance and comments were impressive. The Brealifast will be extended from an hour to an hour and 'half as some attendees did not get an opportunity to comment. The proceedings were recorded by the Development Authority and these notes will be shared with the City Council with direction provided to City Staff. February 24, 2009 I I - 28 - AGE N DA REV IE W S E S S ION 2:32 P.M. ITEM # 58538 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code a. 910-1 re location of Magic Hollow Voting Precinct b. 92-348 re destruction of paid personal property tax records c. Chapter 28 to ADD a new Article IV re regulations for the discharge of fats, oils, grease and other substances into the public sewer system 2. Resolution to EXECUTE a Memorandum of Agreement with Hampton Roads Sanitation District (HRSD) re grease control devices 3. Resolution to APPOINT Mark D. Stiles as City Attorney, effective March 1, 2009 4. Ordinance to A UTHORIZE a Housing Choice Voucher Administrative Plan and submit same to the Department of Housing and Urban Development (HUD) re Section 8 5. Resolution to REFER to the Planning Commissionfor consideration and recommendation an amendment to the Chesapeake Bay Preservation Area Ordinance re inclusion of swimming pool surface areas as impervious cover and to ESTABLISH uniform buffer mitigation standards 6. Ordinance to APPROPRIATE $9,826 from the Francis Land House Trust Fund to the Museum Department's budget re support of Adam Thoroughgood House 7. Ordinance to ACCEPT and APPROPRIATE an initiative grant of$4I6, 754 from the Department of Homeland Security to the Police re Bomb Unit equipment 8. Ordinance to TRANSFER $128, 650from various sources to Communications and Information Technology (ComIT) re upgrades to the City's websites February 24, 2009 I I' - 29- AGENDA RE VIE W SESSION ITEM # 58539 12. Application of BURGER KING CORPORATIONfor a Conditional Use Permit re a drive-through window for an eating and drinking establishment at 524 Laskin Road - DISTRICT 6 - BEACH This item shall be discussed during the Formal Session. ITEM # 58540 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Application of ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC. (A.R.E.), for an Expansion of a Nonconforminz Use at 215 67th Street - DISTRICT 5 - LYNNHA VEN 2. Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for CHARLES H. DAWSON re lot width at 4300 Charity Neck Road - DISTRICT 7 - PRINCESS ANNE 3. Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for BRUCE and KELLIE HENLEY re a flag lot at Charity Neck and North Muddy Creek Roads - DISTRICT 7 - PRINCESS ANNE 4. Applications of JOHN RODGER BURNS at 3477 Muddy Creek Road - DISTRICT 7 - PRINCESS ANNE a. Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) re constructing a dwelling in the floodplain b. Floodvlain Variance re construction fill and mitigation 5. Application of STEPHEN C. SWAIN for an Expansion of a Nonconforminz Use re additions to a two-story single family dwelling at 1107 Cedar Point Drive - DISTRICT 5 - LYNNHA VEN 6. Application ofWAL-MART REAL ESTATE BUSINESS TRUST for a Modification of Conditions Nos. 4. 6 and 10 to reduce parking spaces, enlarge and modernize the building, and, to provide more green space, (approved by City Council on May 14, 1990) at 657 Phoenix Drive - DISTRICT 3 - ROSE HALL 7. Application of RE-BIRTH INTERNA TIONAL MINISTRIES for a Conditional Use Permit re a church at 5249 Challedon Drive - DISTRICT 2 - KEMPSVILLE February 24, 2009 I I - 30 - AGE N DA REV IE W S E S S ION ITEM # 58540 (Continued) 8. Application of CRESCENT COMMUNITY CENTER for a Conditional Use Permit re a church at 1401 Lynnhaven Parkway, Unit 101 - DISTRICT 3 - ROSE HALL 9. Application of CARLA L. GRAHAM for a Conditional Use Permit re a Cosmetology School at 5760 Princess Anne Road - DISTRICT 2 - KEMPSVILLE 10. Application of RICHMOND 20MHZ, L.L. C. d/b/a N TELOS for a Conditional Use Permit re a communication tower at 345 North Great Neck Road - DISTRICT 6 - BEACH 11. Application of A TTOM DONUTS, INC. for a Conditional Use Permit re a drive- through window for an eating and drinking establishment at 501 Laskin Road- DISTRICT 6 - BEACH 13, Application of METROTEC ASSOCIATES, INC. and ARVIND GOWDA for a Change of Zoning District Classification. from R-IO Residential District to Conditional A-12 Apartment District on Shurney Lane - DISTRICT 4 - BAYSIDE 14. Application of PRINCESSBORO COMPANY, INC. for a Chanze of Zoninz District Classification from AG-I Agricultural District to Conditional 0-2 Office and Conditional B-2 Community Business District re office and retail space at Princess Anne and Sandbridge Roads - DISTRICT 7 - PRINCESS ANNE 15. REQUEST TO WITHDRAW AN APPLICATION of WELDEN FIELD OF VIRGINIA, L.L. C. for a Change of Zoning District Classification from I-I Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD-H2 Overlay at Regent University Drive and Jake Sears Road - DISTRICT 1 - CENTERVILLE Item K.l. (ASSOCIATION FOR RESEARCH AND ENGLIGHTHMENT, INC.) shall be DEFERRED, BY CONSENT, until the City Council Session of March 102009. Item K.ll. (ATTOM DONUTS, INC.) shall be WITHDRA WN, BY CONSENT. Item K.15 (WELDENFIELD OF VIRGINIA, L.L.c. shall be WITHDRAWN, BY CONSENT Mayor Sessoms shall ABSTAIN on item K.l. (ASSOCIATION FOR RESEARCH AND ENGLIGHTMENT, INC.), as the Association is a customer of TowneBank. Mayor Sessoms is President of TowneBank. Council Lady Henley shall ABSTAIN on Item K.3. (BRUCE and KELLIE HENLEY), east side of Charity Neck Road, approximately 1500 feet south of North Muddy Creek Road. Council Lady Henley DISCLOSED and ABSTAINED Pursuant to Section 2.2-3115(E), Code of Virginia; and, DECLARED she has an ownership interest in that property. Council Lady Henley's correspondence of February 24, 2009, is hereby made a part of the record. February 24, 2009 I II - 31 - AGE N DA REV IE W S E S S ION ITEM # 58540 (Continued) Council Lady Henley DISCLOSED on Item K4. (JOHN RODGER BURNS), 3477 Muddy Creek Road. Council Lady Henley DISCLOSED Pursuant to Section 2.2-3115(E), Code of Virginia; and DECLARED she has an ownership interest in a parcel of adjacent property. The City Attorney has advised she is able to participate in this transaction fairly, objectively, and in the public interest. Council Lady Henley's correspondence of February 24, 2009, is hereby made a part of the record. Council Lady Henley DISCLOSED on Item K11 (ATTOM DONUTS, INC.), 501 Laskin Road. Council Lady Henley DISCLOSED Pursuant to Section 2.2-3115(G), Code of Virginia, and DECLARED the property is owned by Murden Real Estate Trust, which is administered by Brian Ward Murden. Mr. Murden is Council Lady's second cousin. The City Attorney has advised she is able to participate without restriction. Council Lady Henley's correspondence of February 24, 2009, is hereby made a part of the record. Councilman Wood shall ABSTAIN on the application of Item Kll (ATTOM DONUTS, INC.), (Dunkin Donuts). This is the same issue as the BURGER KING application (drive thrufood service) and only a block away from that property. In the abundance of caution, Councilman Wood shall ABSTAIN, even though advised by the City Attorney he could vote Mayor Sessoms shall ABSTAIN on item K13 (METROTEC ASSOCIATES, INC. and ARVIND GOWDA) as the applicant receives financial services from TowneBank of which he serves as the President Councilman Dyer shall ABSTAIN on Item K15 (WELDENFIELD OF VIRGINIA, L.L.C.) as he is employed by Regent University. February 24, 2009 I I - 32 - ITEM # 58541 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of City Property: ARP Property - Princess Anne Brenneman Farm Kempsville District Centerville District Sportsplex LEGAL MATTERS: Consultation with legal counsel and briefings by staff members, consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711 (A) (7). Southeastern Public Service Authority (SPSA) Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 2:42 P.M. February 24, 2009 I I - 33 - TEM # 58541 (Continued) Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer and John E. Uhrin (Closed Session: 2:42 P.M. - 5:05 P.M.) (Break: 3:45 P.M. - 3:50 P.M.) (Group Photo: 4:30 P.M. - 4:40 P.M.) (Dinner: 5:10 P.M. - 5:50 P.M.) February 24, 2009 I II - 34 - VIRGINIA BEACH CITY COUNCIL February 24, 2009 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 24, 2009, at 6:00 P.M Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCA TION: Reverend Kevin Milcarek Pastor, Back Bay Christian Assembly of God PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial'') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. February 24,2009 I II - 35 - Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. February 24, 2009 I II - 36 - Item V-E. CERTIFICATION ITEM # 58542 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 24, 2009 I II RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #58541, Page 32, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOff, THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~~/~:-> th Hodges Fraser, MMC City Clerk February 24, 2009 I II - 37 - Item V-F.1 ITEM # 58543 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of February 3, 2009, and SPECIAL SESSION of February 17, 2009. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 24, 2009 Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: I I - 38 - ITEM # 58544 AGENDA FOR THE FORMAL SESSION February 24, 2009 - 39 - Item V-H.1. PUBLIC HEARING ITEM # 58545 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTY - SPORTSPLEX 2181and 2257 Landstown Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING I I' February 24, 2009 - 40- Item V-H.2. PUBLIC HEARING ITEM # 58546 Mayor Sessoms DECLARED A PUBLIC HEARING: POLLING PLACE CHANGE - Magic Hollow Precinct There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING I I February 24, 2009 I I - 41 - Item V-H.3. MAYOR'S RECOGNITION ITEM 58547 Mayor Sessoms RECOGNIZED the following Boy Scouts in attendance to earn their merit badges for Citizenship in the Community: Boy Scout Troop 504 Newcastle Elementary Schools Ryan Michaels Assistant Scout Master Shawn Michaels Boy Scout Troop 441 Church of Latter Day Saints Joel Rodriguez Mayor Sessoms presented each Scout with a City Seal pin. February 24, 2009 I I - 42- Item V-J. ORDINANCES/RESOLUTIONS ITEM # 58548 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items laible, 2, 3,4,5,6, 7 and 8 of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 24, 2009 I I' - 43 - Item V-J.la/b/c ORDINANCES/RESOLUTIONS ITEM # 58549 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to AMEND the City Code a. 910-1 re location of Magic Hollow Voting Precinct b. 92-348 re destruction of paid personal property tax records c. Chapter 28 to ADD a new Article IV re regulations for the discharge of fats, oils, grease and other substances into the public sewer system Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 24, 2009 I I' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE TO AMEND AND REORDAIN SECTION 10- 1 OF THE CITY CODE BY MOVING MAGIC HOLLOW PRECINCT POLLING PLACE SECTION AMENDED: 9 10-1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 10-1 of the City Code is hereby amended and reordained, to read as follows: Sec. 10-1. Establishment of precincts and polling places. There are hereby established in the city the following precincts and their respective polling places, as set forth below: Precinct Polling Place Alanton Elementary School Kemps Landing Magnet School Arrowhead Elementary School Avalon Church of Christ Ebenezer Baptist Church Bayside Elementary School Salem Middle School Blackwater Fire Station Virginia Beach Free Will Baptist Church Brandon Middle School Bow Creek Recreation Center Green Run Baptist Church Research and Enlightenment Building (Edgar Cayce Library) Back Bay Christian Assembly Centerville Elementary School Bayside Baptist Church College Park Elementary School Colonial Baptist Church lynnhaven Colony Congregational Church Corporate Landing Middle School Courthouse Fire Station Creeds Fire Station Salem United Methodist Church Ocean Lakes High School Green Run High School Bettie F. Williams Elementary School 1 Alanton Aragona Arrowhead Avalon Baker Bayside Bellamy Blackwater Bonney Brandon Brookwood Buckner Cape Henry Capps Shop Centerville Chesapeake Beach College Park Colonial Colony Corporate landing Courthouse Creeds Cromwell Culver Dahlia Davis Corner I I Malibu Manor Mt. Trashmore Newtown North Beach North Landing Ocean Lakes Ocean Park Oceana Old Donation Pembroke Pinewood Plaza Pleasant Hall Point O'View Red Wing Reon Rock La ke Eastern Shore Chapel St. Aidan's Episcopal Church Kempsville Recreation Center Kempsville Presbyterian Church Princess Anne Middle School Glenwood Elementary School All Saints Episcopal Church Green Run Elementary School Haygood United Methodist Church Victory Baptist Church Holland Elementary School Providence Presbyterian Church Princess Anne Recreation Center Indian Lakes Elementary School St. Nicholas Catholic Church King's Grant Presbyterian Church New Convenant Presbyterian Church Morning Star Baptist Church Bayside Church of Christ Landstown Community Church St. Andrews United Methodist Church Kempsville Church of God Virginia Beach Community Chapel Lynnhaven United Methodist Church London Bridge Baptist Church Grace Bible Church Rom3 Lodgo No. 25~ Virqinia Beach Moose Family Center Malibu Elementary School Providence Elementary School Windsor Woods Elementary School Good Samaritan Episcopal Church Galilee Episcopal Church Hope Haven Ocean Lakes Elementary School Bayside Community Recreation Center Scott Memorial United Methodist Church Old Donation Center for Gifted Pembroke Elementary School Lynnhaven Presbyterian Church Lynnhaven Elementary School Kempsville Baptist Church Pleasant Hall Annex Kempsville Church of Christ Fraternal Order of Police, Lodge #8 Woodstock Elementary School Salem Elementary School 2 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 Eastern Shore Edinburgh Edwin Fairfield Foxfire Glenwood Great Neck Green Run Haygood Hillcrest Precinct Holland Homestead Hunt Indian Lakes Kings Grant Kingston Lake Christopher Lake Joyce Lake Smith Landstown Larkspur Lexington Linkhorn Little Neck London Bridge Lynnhaven Magic Hollow 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 Rosemont Forest Roundhill Rudee Seatack Shannon Shelburne Shell Shelton Park Sherry Park Sigma South Beach Stratford Chase Strawbridge Tallwood Thalia Thoroughgood Timberlake Trantwood Upton Village Windsor Oaks Witchduck Wolfsnare Central Absentee Voter Precinct I II Rosemont Forest Elementary School Salem High School Virginia Beach Volunteer Rescue Squad Building Mount Olive Baptist Church Church of the Ascension Christopher Farms Elementary School Unity Church of Tidewater Shelton Park Elementary St. Matthews Catholic Church Red Mill Elementary School Contemporary Art Center of Virginia Community United Methodist Church Strawbridge Elementary School Tallwood Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church Three Oaks Elementary School Thalia Lynn Baptist Church St. Francis Episcopal Church Bayside Presbyterian Church Virginia Beach Christian Life Center AgricultureNoter Registrar Building 118 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 24th 119 day of Februarv , 2009. APPROVED AS TO CONTENT: ~~cww~ Voter Registrar CA11040 R-1 February 12, 2009 APPROVED AS TO LEGAL SUFFICIENCY: X~~ City Attorney's Office 3 Map Magic Honow Precinct NeW Poning Location: Virginia Beach Moose Family center .~,'" ,~ '{I#'IS~ v. B(.QQrc-, od=- -"" _ "of> tMSf ~..,. ;;,,:~,077 , =;blllM--~ \ . '" # 1;..-'- t ~d'- .' .'. .,., ,.'. ~_. fl. ~ a!\' ~ IfWltUif'" ~ . _dfl~'6-' ~ ~ " /6 Shelburn OO~~~ l,? ~ ..." .... . . Moved To: ) <. .. Virginia Beach l\lloose Family Center ~. '- \ 1K' ~""" lIMF~ cr iO ~? ~/ , j ," 4lI.....""li~. "~' .~......:.._,.. ,., Strawbridge u 0083 ~ A /e ,~v' .../ .... ... '. It... SUMMARY ATTACHMENT: Map - MaQic Hollow Precinct The Magic Hollow polling location currently located at Roma Lodge #254 will be moved to Virginia Beach Moose Family Center located at 3133 Shipps Corner Road. This move is at the request of the current polling location. I II 1 AN ORDINANCE TO ADD SECTION 9 2-348 2 TO THE CITY CODE PERTAINING TO 3 DESTRUCTION OF PAID TAX TICKETS 4 5 Section Added: 92-348 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 9 2-348 of the City Code is hereby added and ordained to read as 11 follows: 12 13 Sec. 2-348. Records Retention. 14 15 In accordance with the Code of VirQinia & 58.1-3129 (A), the city treasurer may 16 destroy all paid personal property tax tickets at any time after five (5) years from the end 17 of the fiscal year durinQ which taxes represented by such tickets were paid, provided 18 that such destruction shall be in accordance with the provisions of the VirQinia Public 19 Records Act. 20 Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of February, 2009. I II 1 AN ORDINANCE TO AMEND CHAPTER 28 OF THE CITY 2 CODE BY ADDING A NEW ARTICLE IV, ENTITLED "USE 3 OF THE PUBLIC SEWER SYSTEM," AND ESTABLISHING 4 REGULATIONS PERTAINING TO DISCHARGES OF FATS, 5 OILS AND GREASE AND OTHER SUBSTANCES TO THE 6 PUBLIC SEWER SYSTEM 7 8 Sections Added: City Code Sections 28-64 through 28-82 9 Chapter 28. SEWERS AND SEWAGE DISPOSAL 10 11 12 Article IV. Use of the Public Sewer System 13 14 Division 1. Sewer Use 15 16 Sec. 28-64. Purpose and intent. 17 18 (a) Purpose. The purpose of this division is to prevent the introduction of 19 pollutants and wastes into the City's public sewer system that will interfere with the 20 operation of the system and with the wastewater system of the Hampton Roads 21 Sanitation District (the "District"), contaminate the receivinq waters of the system, or 22 otherwise be incompatible with the system; to protect the wastewater facilities of the 23 City of Virqinia Beach and those of the District; and to ensure that the City and the users 24 of the public sewer system comply with federal and state mandates under the Clean 25 Water Act and all other applicable laws, rules and requlations. 26 27 (b) The provisions of this division are intended to comply with provisions of 28 the Virqinia Department of Environmental Quality (DEQ) and the Special Order by 29 Consent issued to the Cities of Virqinia Beach. Chesapeake. Hampton. Newport News. 30 Poquoson. Portsmouth, Suffolk and Williamsburq; the Counties of Gloucester. Isle of 31 Wiqht and York; the Town of Smithfield; the Hampton Roads Sanitation District and the 32 James City Service Authority. effective September 26, 2007. 33 34 Sec. 28-65. Definitions. 35 36 The followinq words and terms used in this division shall have the followinq 37 meaninqs, unless the context clearly indicates otherwise: 38 39 Dav means the 24-hour period beqinninq at 12:01 a.m. 40 41 Director means the Director of Public Utilities or the authorized desiqnee of the 42 Director of Public Utilities 43 44 Public sewer system includes the pipelines or conduits. pumpinq stations, force 45 mains. and all other construction, devices, and appliances appurtenant thereto. located 46 within the City of Virqinia Beach and used for the conveyance of residential, commercial I II 47 or industrial sewaqe or wastewater or other wastes to the Hampton Roads Sanitation 48 District. 49 50 Reqional Consent Order or Special Order by Consent means the requlatory order 51 between the Virqinia Department of Environmental Quality and localities within the 52 Hampton Roads reqion, includinq the City of Virqinia Beach, effective September 26, 53 2007. 54 55 Storm sewer system means the system of roads, streets, catch basins, curbs, 56 qutters, ditches, pipes, lakes, ponds, channels, storm drains and other facilities located 57 within the City of Virqinia Beach that are desiqned or used for collectinq, storinq or 58 conveyinq stormwater or throuqh which stormwater is collected, stored or conveyed. 59 60 User means any person who contributes, causes, or permits the contribution or 61 discharqe of wastewater into the City's wastewater collection system within the City's 62 boundaries, includinq any person who contributes such wastewater from mobile 63 sources, such as one who discharqes hauled wastewater. 64 65 Wastewater means a combination of liquid and water-carried wastes from the 66 sanitary conveniences of residences, commercial buildinqs, industries, or institutions. 67 68 69 Sec. 28-66. Prohibited discharges. 70 71 No person shall discharqe or cause to be discharqed into any portion of the 72 public sewer system, directly or indirectly, any wastes which may violate any law or 73 qovernmental requlation or have an adverse or harmful effect on the public sewer 74 system, maintenance personnel, processes, or equipment, or which may otherwise 75 endanqer the public or create a nuisance. The followinq discharqes are prohibited: 76 77 (a) Any qasoline, benzene, naphtha, solvent, fuel oil or any liquid, solid, or 78 qas that may cause flammable or explosive conditions, includinq, but not limited to, 79 waste streams with a closed cup flashpoint of less than 1400 F (600 C) usinq test 80 methods specified in Title 40, Part 261.21 of the Code of Federal Requlations (40 CFR 81 Part 261.21) or any successor requlation. 82 83 (b) Any toxic or poisonous solids, liquids or qases in such quantities that, 84 alone or in combination with other wastewater constituents, may interfere with the 85 sewaqe treatment process of the Hampton Roads Sanitation District or biosolids use or 86 disposal, cause acute worker or public health and safety problems, materially increase 87 the cost of treatment, or constitute a hazard to any beneficial stream use, includinq 88 recreation, ascribed to the receivinq waters of the effluent from the sewaqe treatment 89 plant. 90 91 (c) Any waste havinq a pH in violation of requirements as provided in Title 40, 92 Part 403 of the Code of Federal Requlations (40 CFR Part 403) or any successor 2 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 II II requlation or havinq any detrimental characteristics that may cause iniury or damaqe to persons or property. (d) Any solids or viscous substances that may cause obstruction to flow or be detrimental to seweraqe system operations. These obiectionable substances include. but are not limited to. asphalt. dead animals. offal. ashes. sand. mud. straw. industrial process shavinqs. metals. qlass. raqs. feathers. tar. plastics. wood. whole blood. paunch manure. bones. hair and fleshinqs. entrails. paper dishes. paper cups. milk containers. or other similar paper products. either whole or qround. (e) Any siqnificant quantities of unpolluted water such as rainwater. stormwater. qroundwater. street drainaqe. yard drainaqe. water from yard fountains. ponds or lawn sprays. (f) Any water added for the purpose of dilutinq wastes which would otherwise exceed applicable limitations for any wastewater constituent. (q) Any petroleum or mineral-based oils (non-saponifiable) and/or any animal or veqetable based oils. fats. or qreases which in excess concentrations would tend to cause interference. pass-throuqh. or adverse effects on the seweraqe system. as determined by HRSD. No visible free non-saponifiable oil shall be present in the discharqed waste stream. (h) Any wastes with excessively hiqh chemical oxyqen demand (COD). bioloqical oxyqen demand (BOD). or decomposable orqanic content or any siqnificant quantities of wastewater with a COD to BOD ratio exceedinq six to one (6: 1). COD to BOD ratio criteria are shown on Hampton Roads Sanitation District's list entitled "Wastewater Discharqe Authorization Criteria COD/BOD Ratio." as amended from time to time. (i) Any siqnificantly odorous wastes or waste tendinq to create odors. (j) Any waste containinq dissolved sulfides in amounts which would be hazardous. cause damaqe to the seweraqe system. or create a public nuisance. (k) Any substance promotinq or causinq the promotion of toxic qases. (I) Any wastes that will increase the temperature of the treatment plant influent to qreater than 1040 F (400 C). (m) Any wastes requirinq the introduction of an excessive quantity of chlorine or any other compound for sewaqe treatment purposes. (n) Any siqnificant amounts of deionized water. distilled water. steam condensate. coolinq water. or discharqes from heat pumps. 3 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 I I (0) Any waste producing significant discoloration of wastewater or treatment plant influent. (p) Any waste containing substances that may precipitate. solidify. or become viscous at temperatures between 500 F (100 C) and 1000 F (380 C). (Q) Any significant Quantities of solid waste material that IS not qround sufficiently to pass through a 3/8 inch screen. (r) Any siqnificant Quantity of blown-down or bleed water from coolinq towers or other evaporative coolers. (s) Any Quantities of radioactive material wastes which are In violation of applicable local. State. and Federal regulations. (t) Any siqnificant Quantities of inorqanic material. (u) Any discharqe of any pollutant released at a flow rate and/or pollutant concentration that would result in interference. cause adverse effects or pass throuqh at the treatment plant. (v) Any siqnificant Quantity of wastewater in which the Toxic Orqanics (TO) concentration exceeds 2.13 milliqrams per liter (mgll). or in which anyone toxic orqanic compound exceeds 1.0 mg/l. or in which the BTEX (Benzene. Toluene. Ethylbenzene and Xylene) concentration exceeds 1.0 mqll). Sec. 28-67. Discharges of stormwater or surface water. (a) No person shall connect roof. foundation. areaway. parkinq lot. roadway. or other surface runoff or qroundwater drains to any sewer connected to any portion of the City's wastewater collection system unless such connection is authorized in writinq. for qood cause. by the Director. (b) All discharges of stormwater. surface water. groundwater. roof runoff. subsurface drainaqe. or other similar discharqes of storm water shall be made to discharge to storm sewers or natural outlets desiqned for such discharqes. except as authorized under this section. No person shall construct or use any connection. drain. or arrangement which will permit any such waters to enter the public sewer system. 176 177 Sec. 28-68. Damage to the wastewater collection system. 178 (a) It shall be unlawful for any person to willfully damaqe. obstruct. introduce 179 materials harmful to the collection system that would cause or contribute to sanitary 180 sewer overflows. or tamper with any part of the public sewer system. including any 181 manholes. c1eanouts. pluqs. pipes. pumpinq station. valves. apparatus. tools or fixtures. 4 I II 182 No person other than authorized aQents or employees of the City. shall uncover any 183 public sewer lines, operate any public fire hydrant or operate any valves connected with 184 the public water and sanitary sewer systems without first obtaininQ express approval 185 from the Director of Public Utilities. unless such use is necessary for emerQencies. 186 (b) Any person causinQ damaQe to or obstruction of the public sewer system 187 shall be liable to the City for the cost of repairinQ such damaQe or obstruction. 188 189 Sec. 28-69. Inspections. 190 191 (a) The Director shall have authority to make such lawful inspections durinQ 192 reasonable hours for the purpose of observinQ. measurinQ, samplinQ, testinQ or 193 reviewinQ records of the wastewater collection system installed in any buildinQ or 194 structure as may be necessary or appropriate. includinQ inspections performed for the 195 purpose of ensurinQ that discharQe to the City's public sanitary sewer system from such 196 buildinQ or structure is not in violation of this Division. The owner or occupant of such 197 buildinQ or structure. or his or her desiQnee. shall be entitled to accompany the Director 198 durinQ such inspection. 199 200 Sec. 28-70. Violations and penalties. 201 (a) Any intentional or willful act or omission to act in violation of any of the 202 provisions of this Division shall be punishable by fine in an amount not to exceed 203 One Thousand Dollars ($1,000.00) per violation. Each day that a continuinQ violation 204 exists shall constitute a separate offense. The court assessinQ such fines may. at its 205 discretion. order such fines to be paid into the treasury of the City for the purpose of 206 abatinQ. preventinQ or mitiQatinQ environmental pollution. 207 (b) Any person who. intentionally or otherwise. commits any of the acts 208 prohibited by this Division or who fails to perform any of the acts required by this 209 Division shall be liable to the City in an action at law for all costs of containment. 210 cleanup. abatement. removal and disposal of any substance unlawfully discharQed into 211 the wastewater collection system, as well as the costs of any damaQes or reQulatory 212 fines imposed upon the City. that are proximately caused by such violations. Such 213 costs shall be collectible by the City in accordance with the provisions of Sections 28-29 214 and 28-30. 215 (c) The City may brinQ leQal action to enioin the continuinQ violation of this 216 division. and the existence of any other remedy. at law or in equity. shall be no defense 217 to any such action. 218 (d) The remedies set forth in this section shall be cumulative. not exclusive; 219 and it shall not be a defense to any action, civil or criminal, that one or more of the 220 remedies set forth herein has been SOUQht or Qranted. 5 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 I II Sec. 28-71. Variances. The Director may authorize a variance from the provisions of Section 28-67 or 28-68 in any case in which a property owner or other person demonstrates that strict compliance with the provision from which a variance is souqht would cause undue hardship or extraordinary expense and the Director is satisfied that the authorization of the variance will not adversely affect the public sewer system. In such cases, the Director shall impose such reasonable conditions as will ensure, to the extent possible, that the variance does not adversely affect the public sewer system. Sec. 28-72. Severability. The provisions of this Division shall be severable, it beinq the intention of the City Council that in the event one (1) or more of the provisions of this Division are adiudqed to be invalid or unenforceable, the validity and enforceability of the remaininq provisions shall be unaffected by such adiudication. Division 2. Fats, Oils, and Grease (FOG) Sec. 28-73. Purpose; findin~s. (a) Purpose. The purpose of this Division is to aid in preventinq the introduction and accumulation of fats, oils, and qrease (FOG), which cause or tend to cause or contribute to sanitary sewer blockaqes and obstructions, into the municipal wastewater system. This Division requires that qrease control devices be installed, implemented, and maintained by food service establishments in accordance with the provisions hereof. (b) FindinGs. The City Council hereby finds that: (1 ) Grease buildup in the public sewer system occurs when FOG from cookinq is allowed to be introduced into the system. FOG washed down sinks and floor drains builds up over time and eventually creates backups in the public sewer system which may result in sanitary sewer overflows (SSOs). SSOs constitute siqnificant public health hazards, expose the city to costly environmental penalties, and are prohibited under the federal Clean Water Act. In 2008, thirty-eiqht (38) SSOs within the City were caused by accumulations of FOG in the public sewer system. (2) The accumulation of FOG in the public sewer system leads to increased costs for maintaininq sewers and wastewater treatment plants and c1eaninq blockaqes out of public and private property. Durinq 2008, the Department of Public Utilities responded to 3.105 6 I II 262 263 sewer blockaqes caused by accumulations of FOG in the public sewer system. 264 265 266 267 (3) FOG from food service establishments is a major source of FOG in the public sewer system. The use of properly sized. installed and maintained qrease control devices in food service establishments. however. minimizes the introduction of FOG into the system. 268 269 270 271 272 273 274 275 (4) The Special Order by Consent issued to the City of Virqinia Beach and other localities and service providers within Hampton Roads. which became effective on September 26. 2007. requires the City. amonq other thinqs. to develop and submit to the Virqinia Department of Environmental Quality (DEQ) a Maintenance. Operations and Manaqement (MOM) Plan that documents the MOM Plan elements used to manaqe the City's sewer system and minimize SSOs. 276 277 Sec. 28-74. Applicabilitv. 278 The provisions of this Division shall apply to all food service establishments. as 279 defined herein. within the City that are required under the Virqinia Uniform Statewide 280 Buildinq Code or applicable requlations of the Hampton Roads Sanitation District to 281 have qrease control devices and to all qrease haulers providinq service to any such 282 food service establishment. 283 284 Sec. 28-75. Definitions. 285 286 The followinq words and terms used in this Division shall have the followinq 287 meaninqs. unless the context clearly indicates otherwise: 288 289 Brown qrease means floatable fats. oils. qrease and settled solids produced 290 durinq food preparation that are recovered from qrease control devices. 291 292 Buildinq Code Administrator means the City's Buildinq Code Administrator or his 293 or her authorized desiqnee. The Buildinq Code Administrator is referred to in the 294 Virqinia Uniform Statewide Buildinq Code as the Buildinq Official. 295 296 Director means the City's Director of Public Utilities or his or her authorized 297 desiqnee. 298 299 Enforcement Response Plan means a system that sets forth the process and 300 procedures for enforcement of this section by the City 301 7 I II 302 Fats, oils, and Grease (FOG) means material. either liquid or solid. composed of 303 fats. oils or qrease from animal or veqetable sources. Examples of FOG include, but 304 are not limited to. kitchen cookinq qrease, veqetable oil. bacon qrease and orqanic polar 305 compounds derived from animal or plant sources that contain multiple carbon 306 triqlvceride molecules. These substances are detectable and measurable usinq 307 analytical test procedures established in the Title 40. Part 135 of the Code of Federal 308 Requlations (40 CFR 136). as may be amended from time to time. 309 310 Food service establishment (FSE) means any commercial. institutional. or food 311 processinq facilitv that discharqes kitchen or food preparation wastewaters and that is 312 required to have a qrease control device under the Virqinia Uniform Buildinq Code or 313 applicable requlations of the Hampton Roads Sanitation District. 314 315 Grease control device means a device used to collect. contain. and remove food 316 waste and qrease from the wastewater while allowinq the remaininq wastewater to be 317 discharqed to the City's wastewater collection system bv qravitv. Devices include 318 qrease interceptors. qrease traps. automatic qrease removal devices or other devices 319 approved bv the Director. 320 321 Grease hauler means a contractor who collects the contents of a qrease 322 interceptor or trap and transports it to a recvclinq or disposal facilitv. A qrease hauler 323 may also provide other services related to qrease interceptor maintenance for a Food 324 service establishment. 325 326 Grease interceptor means a structure or device. usuallv located underqround and 327 outside of a Food service establishment. desiqned to collect, contain and remove food 328 waste and qrease from the wastewater while allowinq the remaininq wastewater to be 329 discharqed to the City's wastewater collection system bv qravitv. 330 331 Grease removal device means an active. automatic device that separates and 332 removes fats. oils and qrease from effluent discharqe and that cleans itself of 333 accumulated FOG at least once every twenty-four hours utilizinq electromechanical 334 apparatus. 335 336 Grease trap means a device tvpicallv located indoors and under the sink. 337 desiqned for separatinq and retaininq qrease prior to the wastewater exitinq the trap 338 and enterinq the wastewater collection system. Such devices are tvpicallv passive 339 (qravitv fed) and compact with removable baffles. 340 341 Public sewer svstem includes the pipelines or conduits. pumpinq stations, force 342 mains. and all other construction. devices. and appliances appurtenant thereto. located 343 within the City of Virqinia Beach and used for the conveyance of residential. commercial 344 or industrial sewaqe or wastewater or other wastes to the Hampton Roads Sanitation 345 District. 346 8 I II 347 Renderable FOG container means a closed. leak-proof container for the 348 collection and storaqe of yellow qrease. 349 350 Virainia Uniform Statewide Buildinq Code includes the model codes incorporated 351 by reference therein. includinq. specifically. the International Plumbinq Code. 352 353 Yellow qrease means fats. oils. and qrease used in food preparation that have 354 not been in contact or contaminated with other sources such as water, wastewater or 355 solid waste. An example of yellow qrease is fryer oil. which can be recycled into 356 products such as animal feed. cosmetics and alternative fuel. Yellow qrease is also 357 referred to as renderable FOG. 358 359 360 Sec. 28-76. Registration requirements. 361 362 All food service establishments shall be required to reqister their qrease control 363 devices. Reqistrations shall be on forms provided by the Director to ensure that such 364 devices are properly sized and maintained and to facilitate inspection in accordance 365 with the requirements established by the Director. 366 367 (a) Existinq food service establishments shall reqister all qrease control 368 devices within ninety (90) days after the effective date of this Division; 369 provided. New establishments shall reqister such devices when 370 requestinq their water and sewer service. applyinq for a business license. 371 or prior to obtaininq a certificate of occupancy. whichever is later. 372 373 (b) All qrease haulers servicinq qrease control devices for food service 374 establishments within the City shall be required to obtain a certification to 375 service qrease control devices from the City or the Hampton Roads 376 Planninq District Commission no later than ninety (90) days after the 377 effective date of this Division. 378 379 c) All qrease haulers shall obtain the required permits. certifications or 380 approvals from the facility in which waste will be disposed of. Grease 381 haulers discharqinq to a Hampton Roads Sanitation District treatment 382 plant shall be approved throuqh a Hampton Roads Sanitation District 383 Indirect Wastewater Discharqe Permit. 384 385 d) At least one employee of a food service establishment shall have 386 completed a traininq proqram concerninq the operation and maintenance 387 of qrease control devices. provided by the City. no later than ninety (90) 388 days after the effective date of this Division. 389 9 I II 390 Sec. 28-77. Discharge limits. 391 392 No person shall discharqe or cause to be discharqed from any food service 393 establishment any wastewater with fats. oils, qrease or other substances harmful or 394 hazardous to the public sewer system, the reqional sanitary sewer system, or sewaqe 395 treatment plant or processes, as determined by Section 301 (d) of the Hampton Roads 396 Sanitation District's Industrial Wastewater Discharqe Requlations or any successor 397 requlation. 398 399 400 Sec. 28-78. Grease Control Devices. 401 (a) Requirements. All food service establishments shall have a qrease 402 control device or devices meetinq all applicable requirements of the Virqinia Uniform 403 Statewide Buildinq Code, as determined by the Buildinq Code Administrator. Any 404 qrease control device sized in accordance with the "Hampton Roads Reqional 405 Technical Standards, Sizinq of Grease Control Devices" shall be deemed to meet the 406 requirements of the section. 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 (1) New establishments. Except as provided in subdivision (a)(2), food service establishments shall be required to install. operate. and maintain a qrease control device in compliance with the requirements of the Virqinia Uniform Statewide Buildinq Code. Grease control devices shall be installed and reqistered prior to the issuance of a certificate of occupancy. (2) Existinq establishments. Food services establishments in operation as of the effective date of this Division may continue to operate and maintain their existinq qrease control devices. provided such qrease control devices are in proper operatinq condition and are not found to be contributinq FOG in quantities sufficient to cause line stoppaqes or to necessitate increased maintenance of the sanitary sewer system. An existing food service establishment shall install a new qrease control device that complies with the requirements of the Uniform Statewide Buildinq Code if its qrease control device is determined by the Director not to be in proper operating condition or if is found to be contributinq FOG in quantities sufficient to cause line stoppaqes or to necessitate increased maintenance of the sanitary sewer system. (3) Renovations or expansions. Food service establishments that are renovated or expanded shall, if required by the Virginia Uniform Statewide Buildinq Code, install new grease control devices meeting the requirements of such Code. (4) Retrofittinq. Existinq establishments lackinq approved qrease control devices by reason of havinq been qrandfathered from such 10 I II 435 requirement under the VirQinia Uniform Statewide BuildinQ Code 436 shall. if required by the Hampton Roads Sanitation District. install 437 Qrease control devices in accordance with the reQulations of the 438 District. Such Qrease control devices shall be reQistered within 439 thirty (30) days of their installation. 440 (b) Installation. Grease control devices shall be installed by a plumber 441 licensed in the Commonwealth of VirQinia. Every Qrease control device shall be 442 installed and connected so that it may be readily accessible for inspection, cleaninQ, 443 and removal of the intercepted food waste and Qrease at any time. 444 (c) Maintenance. Grease control devices shall be maintained as follows: 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 (1) Grease control devices shall be properly maintained at all times. Maintenance shall include the complete removal of all contents, includinQ floatinQ material. wastewater and settled solids. DecantinQ or discharQinQ of removed waste back into the Qrease interceptor or private sewer line or into any portion of the City's or HRSD's wastewater collection system is prohibited. (2) Grease interceptors shall be pumped out completely when the total accumulation of surface fats, oils and Qrease, includinQ floatinQ solids and settled solids, reaches twenty-five percent (25%) of the overall liquid volume. At no time shall a Qrease control device be cleaned less frequently than once every three (3) months unless allowed by the Director for Qood cause shown. Approval will be Qranted on a case-by-case basis upon submittal of a request by the food service establishment documentinQ reasons for the proposed frequency variance. The Director shall not approve any request unless the applicant demonstrates that the frequency variance will not result in the introduction of any Qreater quantities of FOG into the public sewer system than would otherwise be introduced. (3) Grease traps and Qrease removal devices shall be opened, inspected and completely cleaned of food solids and fats, oils and Qrease a minimum of once per week, unless allowed by the Director for Qood cause shown. Approval will be Qranted on a case-by-case basis upon submittal of a request by the food service establishment documentinQ reasons for the proposed frequency variance. The Director shall not approve any request unless the applicant demonstrates that the frequency variance will not result in the introduction of any Qreater quantities of FOG into the public sewer system than would otherwise be introduced, and in no event shall the content of food solids and fats, oils, and Qrease exceed twenty-five percent (25%) of the overall liquid depth of the device. 11 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 (4) (5) I II The Director of Public Utilities may establish a more frequent cleaninq schedule if the food service establishment is found to be contributinq FOG in quantities sufficient to cause line stoppaqes or to necessitate increased maintenance of the wastewater collection system. Unless authorized by the Director, the use of additives includinq, but not limited to, products that contain solvents, emulsifiers, surfactants, caustics, acids, enzymes or bacteria are prohibited for use as qrease manaqement control; provided, however, that additives may be used to clean the FSE drain lines so lonq as the usaqe of such additives will not cause FOG to be discharqed from the qrease control device to the sanitary sewer system. The use of additives shall not be substituted for the maintenance procedures required by this Section. The Director shall not approve the use of any additives unless he is satisfied that such use will have no adverse effects upon the public sewer system. 495 (d) Waste Disposal. Waste material from qrease control devices shall be 496 disposed of as follows: 497 498 499 500 501 502 503 504 505 506 507 508 509 510 (1 ) (2) (3) Waste removed from a qrease trap shall be disposed of in the solid waste disposal system or by a qrease hauler certified by the Hampton Roads Planninq District Commission. Waste removed from a qrease interceptor shall be disposed of at a facility permitted to receive such wastes. No materials removed from interceptors shall be returned to any qrease interceptor, private sewer line or into any portion of the City's or HRSD's wastewater collection system. Yellow qrease shall be disposed of in a renderable FOG container in which contents will not be discharqed to the environment. Yellow qrease shall not be poured or discharqed into the City's or HRSD's wastewater collection system. 511 (e) Inspection. The Director shall have the authority to make such lawful 512 inspections as are authorized by law durinq reasonable hours for the purpose of 513 inspectinq, observinq, takinq measurement. samplinq, testinq or reviewinq the records 514 of the wastewater collection system and qrease control devices installed in a food 515 service establishment to ensure that such food service establishment is compliance 516 with this Division. Operational chanqes, maintenance and repairs required by the 517 Director shall be implemented as noted in the written notice received by the food 518 service establishment. The owner or occupant of such food service establishment. or 519 his or her desiqnee, shall be entitled to accompany the Director durinq such inspection. 12 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 I II (f) Recordkeepina. Food service establishments shall maintain records meetinq the followinq requirements: (1) Food service establishments shall retain and make available for inspection and copvinq records of all c1eaninq and maintenance for the previous three (3) years for all qrease control devices. Cleaninq and maintenance records shall include, at a minimum, the dates of c1eaninq/maintenance, the names and business addresses of the company or person performinq each c1eaninq/maintenance and the volume of waste removed in each c1eaninq. Such records shall be kept on site and shall be made available to the Director upon request. (2) Food service establishments shall retain and make available for inspection and copvinq records of vellow qrease disposal for the previous three (3) years. Yellow qrease disposalloqs shall include, at a minimum, the dates of disposal. name and business address of the company or person performinq the disposal and the volume of vellow qrease removed in each cleaninq. Such records shall be kept on site and shall be made available to the Director upon request. Sec. 28-79. Grease haulers. (a) Anv person collectinq, pumpinq or haulinq waste from qrease control devices within the City shall be certified under the Reqional Grease Hauler Proqram of the Hampton Roads Planninq District Commission and shall be approved throuqh a Hampton Roads Sanitation District Indirect Wastewater Discharqe Permit. (b) Grease haulers shall notify the Director within twenty-four (24) hours of any incident required to be reported to the Virqinia Department of Environmental Qualitv. (c) Grease haulers shall retain and make available for inspection and coPvinq bv the Director, for a period of at least three (3) years, all records related to qrease interceptor pumpinq and waste disposal from businesses located in the City's wastewater service area. The Director may require additional record keepinq and reportinq, as necessary. to ensure compliance with the terms of this Division. Sec. 28-80. Modification and repair. (a) The Director may require existinq food service establishments to modify or repair any noncompliant qrease control device and appurtenances within thirty (30) calendar days of written notification bv the Director. The Director may qrant extensions for qood cause shown. 13 I II 561 Sec. 28-81. Violations and penalties. 562 (a) Any intentional or willful act or omission to act in violation of any of the 563 provisions of this Division shall be punishable by fine in an amount not to exceed One 564 Thousand Dollars ($1.000.00) per violation. Each day that a continuinq violation exists 565 shall constitute a separate offense. The court assessinq such fines may. at its 566 discretion. order such fines to be paid into the treasury of the City for the purpose of 567 abatinq. preventinq or mitiqatinq environmental pollution. 568 (b) Any person who. intentionally or otherwise. commits any of the acts 569 prohibited by this Division or who fails to perform any of the acts required by this 570 Division shall be liable to the City in an action at law for all costs of containment. 571 cleanup. abatement. removal and disposal of any substance unlawfully discharqed into 572 the wastewater collection system. as well as the costs of any damaqes or requlatorv 573 fines imposed upon the City. that are proximately caused by such violations. Such 574 costs shall be collectible by the City in accordance with the provisions of Sections 28-29 575 and 28-30. 576 (c) In addition to any other remedy for the violation of this Division. the City 577 may brinq leqal action to enioin the continuinq violation of this Division. and the 578 existence of any other remedy. at law or in equity, shall be no defense to any such 579 action. 580 (d) The remedies set forth in this section are cumulative. not exclusive. and it 581 shall not be a defense to any action. civil or criminal. that one or more of the remedies 582 set forth herein has been souqht or qranted. 583 584 Sec. 28-82. Severability. 585 586 The provisions of this Division shall be severable, it beinq the intention of the City 587 Council that in the event one (1) or more of the provisions of this Division are adiudqed 588 to be invalid or unenforceable. the validity and enforceability of the remaininq provisions 589 shall be unaffected bv such adiudication. 590 591 592 Adopted by the Council of the City of Virginia Beach, Virginia, on this 24th day of 593 February, 2009. 14 II II - 44- Item V-J.2. ORDINANCES/RESOLUTIONS ITEM # 58550 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to EXECUTE a Memorandum of Agreement with Hampton Roads Sanitation District (HRSD) re grease control devices Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 24, 2009 I II I 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE, ON BEHALF OF THE 3 CITY, A MEMORANDUM OF AGREEMENT BETWEEN THE 4 HAMPTON ROADS SANITATION DISTRICT AND THE 5 CITY OF VIRGINIA BEACH PERTAINING TO GREASE 6 CONTROL DEVICES 7 8 9 WHEREAS, the City of Virginia Beach has developed an ordinance implementing 10 affirmative measures to reduce the impact of discharges of fats, oils, and grease (FOG) 11 to the sanitary sewer collection system (the "FOG Ordinance"); and 12 13 WHEREAS, the FOG Ordinance requires, among other things, that food service 14 establishments must install grease control devices to the extent required by the Virginia 15 Uniform Statewide Building Code (USBC); and 16 17 WHEREAS, the USBC grandfathers food service establishments that were 18 constructed before the date the requirement for the installation of grease control devices 19 was first incorporated into the USBC; and 20 21 WHEREAS, within the City of Virginia Beach there are food service 22 establishments that were constructed prior to the adoption of the USBC provision 23 requiring the installation of grease control devices in such establishments; and 24 25 WHEREAS, food service establishments lacking grease control devices may be 26 contributing FOG to the sanitary sewer system; and 27 28 WHEREAS, the Hampton Roads Sanitation District (HRSD) has the independent 29 legal authority to require existing food service establishments that are grandfathered 30 from the aforesaid USBC requirements to retrofit such establishments with grease 31 control devices; and 32 33 WHEREAS, subject to the approval of the City Council, the terms of a 34 Memorandum of Agreement between the City of Virginia Beach and HRSD have been 35 agreed upon, whereby HRSD has agreed to cooperate with the City in ensuring that 36 such establishments install proper grease control devices; and 37 38 WHEREAS, a Summary of Material Terms of such Memorandum of Agreement 39 is hereto attached and a copy is available for inspection at the Department of Public 40 Utilities; 41 42 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 43 OF VIRGINIA BEACH: 44 I II 45 That the City Manager is hereby authorized and directed to execute the aforesaid 46 agreement on behalf of the City and to take such measures as are necessary or 47 advisable to implement such agreement according to its terms. 48 49 50 Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day 51 of February, 2009. Approved as to Content: Approved as to Legal Sufficiency: ~~i:fY] liJpr _wiJ);;ijj !tj~. City Attorney's Office CA11047 R-1 February 16, 2009 2 II II MEMORANDUM OF AGREEMENT HAMPTON ROADS SANITATION DISTRICT AND THE CITY OF VIRGINIA BEACH SUMMARY OF MATERIAL TERMS PARTIES: All Hampton Roads localities, incl. City of Virginia Beach, and HRSD SUBJECT: Retrofitting of grease control devices in food service establishments (FSEs) grandfathered under the Virginia Uniform Statewide Building Code PURPOSE: Ensure that grandfathered FSEs do not contribute fats, oils and grease (FOG) to the public sanitary sewer system CITY OBLIGATIONS: 1. Determine whether FSES without grease control devices are contributing FOG to the sanitary sewer system; 2. If City cannot achieve compliance by other means, request HRSD to inspect FSE and take measures to cause compliance; 3. Issue required building permits and conduct future inspections; 4. Notify HRSD of future enforcement actions taken by City HRSD OBLIGATIONS: 1. Perform inspection of FSE within reasonable time; 2. Take appropriate enforcement action; OTHER: Parties may withdraw from MOA at any time without further obligation II I' - 45 - Item V-J.3. ORDINANCES/RESOLUTIONS ITEM # 58551 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to APPOINT Mark D. Stiles as City Attorney, effective March 1, 2009 Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis. William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr.. John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None February 24, 2009 I II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 A RESOLUTION APPOINTING MARK D. STILES TO THE POSITION OF CITY ATTORNEY AND SETTING HIS COMPENSATION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That pursuant to 9 9.02 of the City Charter, Mark D. Stiles is hereby appointed to the position of City Attorney, effective March 1, 2009. 2. That the salary of the City Attorney shall be $185,000. 3. That the City's contribution to the City Attorney's deferred compensation plan shall be $10,000 annually. 4. That the car allowance of the City Attorney shall remain at $10,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of February , 2009. APPROVED AS TO LEGAL SUFFICIENCY: ~~~ City Attorney's Office CA11051 February 18, 2009 R-2 I II - 46- Item V-J.4. ORDINANCES/RESOLUTIONS ITEM # 58552 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council .ADOPTED: Ordinance to AUTHORIZE a Housing Choice Voucher Administrative Plan and submit same to the Department of Housing and Urban Development (HUD) re Section 8 Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 24,2009 I II AN ORDINANCE TO ADOPT THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION'S HOUSING CHOICE VOUCHER ADMINISTRATIVE PLAN AND TO AUTHORIZE THE CITY MANAGER TO SUBMIT THE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1 2 3 4 5 6 7 8 WHEREAS, the Department of Housing and Neighborhood Preservation 9 ("DHNP") has operated the federally-funded Housing Choice Voucher Program ("HCV 1 0 Program"), formerly known as the Section 8 program, for many years; and 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 WHEREAS, the HCV Program is operated according to an administrative plan developed by DHNP ("Plan") that details the various policies and procedures that are used to operate the HCV Program; and WHEREAS, DHNP is requesting that Council approve the Plan because 1) the U.S. Department of Housing and Urban Development ("HUD") requires the Plan to be authorized and adopted by City Council; and 2) DHNP has recently completed an extensive review and modification of the Plan; and WHEREAS, in order to satisfy HUD requirements, and to ratify the revised Plan, DHNP is requesting that the Plan be adopted by Council and that the City Manager be authorized to submit the Plan to HUD; and WHEREAS, an executive summary of the Plan is attached hereto, and a copy of the full Plan is on file with the City Clerk. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: DHNP's Plan for the administration of the Housing Choice Voucher Program is hereby ratified and adopted by Council of the City of Virginia Beach, and the City Manager is hereby authorized to submit a copy of the Plan to the U.S. Department of Housing and Urban Development. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of Fp.hrllnry , 2009. APPROVED AS TO LEGAL SUFFICIENCY: rf IL,. ~ -1.-- City Attorney' Office II II EXECUTIVE SUMMARY OVERVIEW The Department of Housing & Neighborhood Preservation consists of five distinct divisions. 1. Administrative Services Division: The staff in this division handle all internal City matters, including human resources, finance, contracts, compliance, information technology, and office management. 2. Code Enforcement Division: This division handles all Code Enforcement activities, including inspecting properties for housing violations, junk, overgrown grass, waste management violations, inoperable vehicles, and the Certificate of Compliance rental inspection program. In addition, through nuisance abatement activities, this division takes action to eliminate violations including graffiti. 3. Strategy. Policy & Resource Development Division: This division coordinates strategic and program planning, resource development, grant acquisitions, policy development, research, analysis, and media and communication functions and initiatives. 4. Housing Development Division: This division provides all services related to home improvements including rehabilitation loans and grants of various types. In addition it is developing the workforce housing program, and coordinating the provision of programs and services to address homelessness. Additionally, the staff is responsible for receiving and reviewing requests for the funding or approval of projects to maintain or expand housing opportunities. 5. Rental Housing Division: This division provides the delivery of housing programs including; Federal rental assistance through the Section 8 Housing Choice Voucher program, Security Deposit, Optional Relocation and Housing Counseling programs. The principal staff member of the Rental Housing Division is the Rental Housing Administrator, who works for the city, and reports directly to the Department Director. The Rental Housing Administrator is directly responsible for carrying out the policies established by the Director, City Manager and City Council and is delegated the responsibility for hiring, training and supervising the remainder of the division staff in order to manage the day-to-day operations, and to ensure compliance with federal and state laws and directives for the programs managed.. In addition, the Rental Housing Administrator's duties include budgeting and financial planning for the division. I I' HCV PROGRAM AND ADMINISTRATIVE PLAN The City of Virginia Beach Department of Housing & Neighborhood Preservation (VBDHNP) operates the Housing Choice Voucher Program (HCV) within the Rental Housing Division. The VBDHNP receives its funding for the HCV program from the Department of Housing and Urban Development. The VBDHNP is not a federal department or agency. The Department of Housing & Neighborhood Preservation is a department within the City of Virginia Beach. The department operates housing programs for low-income families. The VBDHNP enters into an Annual Contributions Contract with HUD to administer the program requirements on behalf of HUD. The VBDHNP must ensure compliance with federal laws, regulations and notices and must establish policy and procedures to clarify federal requirements and to ensure consistency in program operation. Pursuant to 24 CFR 982.54 the VBDHNP must adopt a written administrative plan that establishes local policies for administration of the (HCV) program in accordance with HUD requirements. The administrative plan and any revisions of the plan must be formally adopted by the City Counsel. The administrative plan states VBDHNP policy on matters for which the VBDHNP has discretion to establish local policies. The plan must be in accordance with HUD regulations and requirements. CONTENTS OF THE PLAN Federal regulations at 24CFR 982.54 further stipulate the VBDHNP administrative plan must cover VBDHNP policies on the following subjects: · Selection and admission of applicants from the DHNP waiting list, including any DHNP admission preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the DHNP waiting list (Chapter 4) · Issuing or denying vouchers, including DHNP policy governing the voucher term and any extensions or suspensions of the voucher term. 'Suspension' means stopping the clock on the term of a family's voucher after the family submits a request for approval of the tenancy. If the DHNP decides to allow extensions or suspensions of the voucher term, the DHNp administrative plan must describe how the DHNP determines whether to grant extensions or suspensions, and how the DHNP determines the length of any extension or suspension (Chapter 8); · Any special rules for use of available funds when HUD provides funding to the DHNP for a special purpose (e.g., desegregation), including funding for specified families or a specified category of families (Chapter Chapter 4); I I' · Occupancy policies, including definition of what group of persons may qualify as a 'family', definition of when a family is considered to be 'continuously assisted'; standards for denying admission or terminating assistance based on criminal activity or alcohol abuse in accordance with 982.553 (Chapters 5 and 15); · Encouraging participation by owners of suitable units located outside areas of low income or minority concentration (Chapter 1); · Assisting a family that claims that illegal discrimination has prevented the family from leasing a suitable unit (Chapter 2); · Providing information about a family to prospective owners (Chapters 3 and 9); . Disapproval of owners (Chapter 13); . Subsidy standards (Chapter 5); . Family absence from the dwelling unit (Chapter 12) ; · How to determine who remains in the program if a family breaks up (Chapter 12); . Informal review procedures for applicants (Chapter 18); . Informal hearing procedures for participants (Chapter 18); · The process for establishing and revising voucher payment standards (Chapter 8); · The method of determining that rent to owner is a reasonable rent (initially and during the term of a HAP contract) (Chapter 11); · Special policies concerning special housing types in the program (e.g., use of shared housing) (Chapter 4); · Policies concerning payment by a family to the DHNP of amounts the family owes the DHNP (Chapter 17); · Interim re-determinations of family income and composition (Chapter 12); · Restrictions, if any, on the number of moves by a participant family (Chapter 13); · Approval by the board of commissioners or other authorized officials to charge the administrative fee reserve (Chapter 1); · Procedural guidelines and performance standards for conducting required housing quality standards inspections (Chapter 10); and · DHNP screening of applicants for family behavior or suitability for tenancy (Chapter 2) "I - 47 - Item V-J. 5. ORDINANCES/RESOLUTIONS ITEM # 58553 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to REFER to the Planning Commission for consideration and recommendation an amendment to the Chesapeake Bay Preservation Area Ordinance re inclusion of swimming pool surface areas as impervious cover and to ESTABLISH uniform buffer mitigation standards Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 24, 2009 II II 1 A RESOLUTION REFERRING TO THE 2 PLANNING COMMISSION AN ORDINANCE 3 TO AMEND THE CHESAPEAKE BAY 4 PRESERVATION AREA ORDINANCE BY 5 INCLUDING THE SURFACE AREA OF 6 SWIMMING POOLS AS IMPERVIOUS 7 COVER FOR PURPOSES OF CALCULATING 8 STORMWATER MANAGEMENT 9 REQUIREMENTS AND BY ESTABLISHING 10 UNIFORM BUFFER MITIGATION 11 STANDARDS FOR CONSIDERATION AND 12 RECOMMENDATION 13 14 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 That the above-entitled ordinance, a copy of which is attached, is hereby referred 18 to the Planning Commission for its consideration and recommendation. 19 20 Adopted by the City Council of the City of Virginia Beach, Virginia, this 24th 21 day of Fcbru3.ry ,2009. AP;ROV~~ A~ TO (LEGAL SUFFICI~CY: · if ) dJ/wu I ~, f!OjJfJ/i . City Attorney's Office CA 11 048 R-1 February 16, 2009 I II 1 AN ORDINANCE TO AMEND THE CHESAPEAKE BAY 2 PRESERVATION AREA ORDINANCE BY INCLUDING THE 3 SURFACE AREA OF SWIMMING POOLS AS IMPERVIOUS 4 COVER FOR PURPOSES OF CALCULATING 5 STORMWATER MANAGEMENT REQUIREMENTS AND BY 6 ESTABLISHING UNIFORM BUFFER MITIGATION 7 STANDARDS 8 9 Section Amended: Chesapeake Bay Preservation Area 10 Ordinance Section 106 11 12 13 WHEREAS, the City of Virginia Beach originally adopted the Chesapeake Bay 14 Preservation Area Ordinance (the "Ordinance") on November 6, 1990; and 15 16 WHEREAS, the City's Ordinance has been one of the most successful 17 Chesapeake Bay Ordinances in the State in accomplishing the goals of protecting and 18 enhancing water quality of the Chesapeake Bay and its tributaries; and 19 20 WHEREAS, in developing and implementing its Ordinance, the City chose to 21 maximize water quality protection by: (1) including highly erodible soils as components 22 of the Resource Protection Areas (RPA), notwithstanding the fact that the controlling 23 statutes and regulations do not require the inclusion of highly erodible soils as an RPA 24 feature; (2) by declining to designate certain areas of the City as Intensely Developed 25 Areas (IDAs), in which development restrictions are substantially less stringent than in 26 RPAs; and (3) by designating all lands within the Chesapeake Bay Watershed not within 27 RPAs as Resource Management Areas (RMAs), thereby greatly expanding the land 28 area within the City that is subject to the Ordinance; and 29 30 WHEREAS, in September 2008, the Chesapeake Bay Local Assistance Board 31 found the City's Ordinance to be in compliance with the Chesapeake Bay Preservation 32 Area Designation And Management Regulations, except with respect to regulations that 33 require that the surface area of swimming pools be considered as impervious surfaces; 34 and 35 36 WHEREAS, swimming pools intercept rainfall falling into them, thereby capturing 37 such rainfall and preventing it from running off into adjacent waterways, and as a result 38 are different from other impervious surfaces such as driveways and rooftops, which do 39 not capture rainfall; and 40 41 WHEREAS, the City Council acknowledges that, under applicable state 42 regulations that are binding upon localities, swimming pools are impervious because 43 they "significantly impede or prevent the natural infiltration of water into the soil 44 underlying them," a process known as "groundwater recharge;" and 45 II I' 46 WHEREAS, the City Council fully appreciates the importance of groundwater 47 recharge to the natural environment, including the Chesapeake Bay and its tributaries, 48 to-wit: groundwater recharge provides a sustainable water supply to trees and shrubs 49 located within Chesapeake Bay buffer areas, thereby helping to improve drought 50 tolerance and promote healthy plant growth; allows for soils to filter out excessive 51 nutrients, pesticides and other pollutants through chemical bonding to soil particles, 52 thereby reducing nutrient loads to adjoining waterways; and helps to intercept excessive 53 nutrients, pesticides and other pollutants in the soil before they reach the groundwater 54 table and begin to flow toward waterways; and 55 56 WHEREAS, it is the intention of the City Council that the City's Ordinance be fully 57 consistent with all applicable requirements of law; and 58 59 WHEREAS, the City Council reaffirms that it was not its intention in originally 60 adopting the Ordinance, and that it is not its intention in adopting this amendment to the 61 Ordinance, to preclude all reasonable development, including swimming pools, within 62 RPA buffers, but to fully protect water quality through appropriate and effective 63 mitigation measures; and 64 65 WHEREAS, it is the further intention of the City Council to establish uniform and 66 effective buffer restoration standards to be applied where RPA areas are developed 67 with impervious surfaces, including swimming pools and other impervious structures, so 68 that such development does not cause or contribute to a degradation of water quality; 69 70 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 71 OF VIRGINIA BEACH, VIRGINIA: 72 That Section 106 of the Chesapeake Bay Preservation Area Ordinance (City 73 Code Appendix F) is hereby amended and reordained to read as follows: 74 75 76 77 Sec. 106. Performance standards. 78 79 80 81 (A) General performance standards for development and redevelopment. 82 Except as otherwise provided herein, the following standards shall apply to all 83 development and redevelopment in both Resource Protection Areas and Resource 84 Management Areas of the Chesapeake Bay Preservation Area: 85 86 87 2 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 {Q} I II (8) For any development or redevelopment, stormwater runoff shall be controlled by the use of best management practices that achieve the following results: (d) Calculations involving the percentage of site area under impervious cover shall be based upon the lot area landward of mean low water and wetlands. Impervious cover shall RGt include the water surface area of a swimming pool. Buffer restoration standards. The followina standards shall apply in cases in which buffer restoration is required pursuant to the provisions of this Ordinance as a result of development within a Resource Protection Area: (1) For new impervious cover: (a) Buffer restoration of an area equal to two (2) times the proposed impervious cover in the RPA shall be provided, rounded to the nearest whole number, except that there shall be no requirement for structures or additions to structures, such as second stOry additions, that do not increase the impervious footprint; (b) No credit shall be aiven for proposed impervious area in existina impervious areas that will be removed. Pool water surface, decks, pavers and aravel driveways will be considered impervious for this calculation; (c) The composition of the buffer will be per Appendix D, Table A of the Virainia Department of Conservation and Recreation. Chesapeake Bay Local Assistance "Riparian Buffers Modification & Mitiaation Guidance Manual. 2003, Reprinted 2006" (the Guidance Manual); (d) In accordance with the Guidance Manual. in order for the buffer to function as intended, it should contain the full complement of veaetation that includes all trophic layers: shade trees, understory trees, shrubs, and around cover, whether the around cover is veaetation. leaf litter, or mulch; (e) Salt and flood tolerant plant species should be planted below the 5-foot contour to ensure areater survival of the plantinas; 3 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 (2) I II I (f) Canopy trees should not be planted within fifteen (15') of the shoreline where there is a possibilitv of marsh shadino or interference with the inteoritv of shoreline structures; (0) Buffer restoration should be placed in the RPA, beoinnino in the 50-foot seaward portion of the buffer; (h) Buffer restoration shall be placed in areas currentlv devoted to tu rf; (i) Where there is not sufficient area of existino turf to meet the buffer restoration area requirements, a site evaluation may be necessary to determine the location and extent of veoetative supplementation to meet the requirement; (j) All buffer trees, plants and oroundcover shall remain as shown on the approved site plan. Anv loss of such material shall be replaced and thereafter maintained; (k) Where specific site conditions warrant, veoetation replacement rates as found in Appendix D of the Guidance Manual may be emploved with staff approval; and (I) Deviations to the composition of the buffer as outlined in these criteria shall be addressed on a case-by-case basis and shall be subiect to a site evaluation to be undertaken bv the applicant or his or her consultant. However, in no case shall deviations that compromise the ouidance in subdivision (C) (1) (d) above be considered. For shoreline hardenino proiects and replacement of upland retainino walls: (a) Buffer restoration of an area fifteen feet (15') wide times the lenoth of the shoreline hardenino structure or upland retainino wall shall be required. The buffer restoration should be placed in the 50-foot seaward portion of the buffer if practicable, but in any event within the Resource Protection Area; (b) If construction displaces buffer veoetation, all disturbed areas shall be restored per the Guidance Manual. Appendix D. 4 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 Adopted by the Council of the City of Virginia Beach, Virginia, on this - of _' 2009. day CA-10855 February 13, 2009 R-1 I " l City Attorney's Office 5 I II - 48 - Item V-J. 6. ORDINANCES/RESOLUTIONS ITEM # 58554 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council.ADOPTED: Ordinance to APPROPRIA TE $9,826 from the Francis Land House Trust Fund to the Museum Department's budget re support of Adam Thoroughgood House Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 24, 2009 I II I 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 FUND BALANCE OF THE FRANCIS LAND HOUSE TRUST 3 FUND TO THE MUSEUM DEPARTMENT'S FY 2008-09 4 OPERATING BUDGET 5 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 8 That $9,826 is hereby appropriated from the fund balance of the Francis Land 9 House Trust Fund to the Museum Department's FY 2008-09 operating budget for the 10 purposes of dividing donations and membership dues between the Francis Land House 11 and the Adam Thoroughgood House. Requires an affirmative vote by a majority of all the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of February 2009. Approved as to Content: Approved as to Legal Sufficiency: JS~~o_ ~ Management Services /~ ~ -- City A~Y'S oWce CA11042 R-2 February 12, 2009 I II - 49- Item V-J. 7. ORDINANCES/RESOLUTIONS ITEM # 58555 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE an initiative grant of $416,754 from the Department of Homeland Security to the Police re Bomb Unit equipment Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 24, 2009 I I I I' 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE DEPARTMENT OF HOMELAND 3 SECURITY THROUGH THE VIRGINIA DEPARTMENT 4 OF EMERGENCY MANAGEMENT TO THE POLICE 5 DEPARTMENT 6 7 WHEREAS, The Department of Homeland Security through the Virginia 8 Department of Emergency has authorized a 2009 Urban Area Security Initiative grant of 9 $416,754 to the City of Virginia Beach. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That $416,754 is hereby accepted from the Department of Homeland Security 15 through the Virginia Department of Emergency and appropriated to the Police 16 Department's FY 2008-09 Operating Budget. 17 18 Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day 19 of February, 2009. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C. Management Services ~~ -- G' y or eY's:rnnce CA 11041 R-2 February 9, 2009 I II - 50 - Item V-J.8. ORDINANCES/RESOLUTIONS ITEM # 58556 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City CouncilADOPTED: Ordinance to TRANSFER $128,650 from various sources to Communications and Information Technology (ComIT) re upgrades to the City's websites Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 24, 2009 I I' 1 AN ORDINANCE TO TRANSFER FUNDS TO THE 2 MULTIMEDIA SERVICES FY 2008-09 OPERATING 3 BUDGET 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $128,650 is transferred to the Multimedia Services FY 2008-09 Operating 9 Budget to fund the Website Content Management Systems software upgrade in the 10 following manner: 11 12 (1) $30,000 from the FY 2008-09 Operating Budget of the Department of Parks 13 and Recreation; 14 (2) $20,000 from the FY 2008-09 Operating Budget of the Department of Public 15 Utilities; 16 (3) $15,000 from FY 2008-09 Operating Budget of the Department of Public 17 Works; 18 (4) $7,500 from the FY 2008-09 Operating Budget of the Department of 19 Planning; 20 (5) $7,500 from the FY 2008-09 Operating Budget of the Department of Public 21 Libraries; 22 (6) $10,000 from the FY 2008-09 Operating Budget of the City Manager's 23 Office; and 24 (7) $38,650 from the FY 2008-09 Operating Budget of the Department of 25 Communications and Information Technology. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day 28 of February ,2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: M~~~i~~ <D a;~dffIc- City At r ey's ice CA11039 R-3 February 13, 2009 - 51 - Item V-K. PLANNING ITEM # 58557 1. ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT (A.R.E.) 2. CHARLES H. DA WSON 3. BRUCE AND KELLIE HENLEY 4. JOHN RODGER BURNS 5. STEPHEN C SWAIN 6. WAL-MART REAL ESTATE BUSINESS TRUST 7. RE-BIRTH INTERNATIONAL MINISTRIES 8. CRESCENT COMMUNITY CENTER 9. CARLA L. GRAHAM 10. RICHMOND 20MHZ, L.L.C d/b/a N TELOS 11. ATTOM DONUTS, INC 12. BURGER KING CORPORATION 13. METROTEC ASSOCIATES, INC and ARVIND GOWDA 14. PRINCESSBORO COMPANY, INC 15. WELDENFIELD OF VIRGINIA, L.L.C I I' NONCONFORMING USE SUBDIVISION VARIANCE SUBDIVISION VARIANCE SUBDIVISION VARIANCE FLOODPLAIN VARIANCE EXPANSION OF A NON CONFORMING USE MODIFICATION OF CONDITIONS (APPROVED: May 14, 1990) CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING REQUEST TO WITHDRA W February 24, 2009 I II - 52 - Item V-K. PLANNING ITEM # 58558 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items I (DEFERRED) 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 (WITHDRAWN), 13, 14 and 15 (WITHDRA WN) of the PLANNING BY CONSENT AGENDA. Item K 1 (ASSOCIATION FOR RESEARCH and ENLIGHTENMENT, INC.) shall be DEFERRED until the City Council Session of March 10, 2009, BY CONSENT Item K. 11 (ATTOM DONUTS, INC.) shall be WITHDRA WN, BY CONSENT Item K. 15 (WELDENFIELD OF VIRGINIA, L.L.c.) shall be WITHDRA WN, BY CONSENT Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Rob~rt M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 24, 2009 I II - 53 - Item V-K. PLANNING ITEM # 58558 (Continued) Mayor Sessoms ABSTAINED on item K1. (ASSOCIATION FOR RESEARCH AND ENGLIGHTMENT, INC.), as the Association is a customer of TowneBank. Mayor Sessoms is President of TowneBank. Council Lady Henley ABSTAINED on Item K3. (BRUCE and KELLIE HENLEY), east side of Charity Neck Road, approximately 1500 feet south of North Muddy Creek Road. Council Lady Henley DISCLOSED and ABSTAINED Pursuant to Section 2.2-3115(E), Code of Virginia; and, DECLARED she has an ownership interest in that property. Council Lady Henley's correspondence of February 24, 2009, is hereby made a part of the record. Council Lady Henley DISCLOSED on Item K4. (JOHN RODGER BURNS), 3477 Muddy Creek Road. Council Lady Henley DISCLOSED Pursuant to Section 2,2-3115(G), Code of Virginia; and DECLARED she has an ownership interest in a parcel of adjacent property. The City Attorney has advised she is able to participate in this transaction fairly, objectively, and in the public interest. Council Lady Henley's correspondence of February 24, 2009, is hereby made a part of the record. Council Lady Henley DISCLOSED on Item Kll (ATTOM DONUTS, INC.), 501 Laskin Road. Council Lady Henley DISCLOSED Pursuant to Section 2.2-3115(E), Code of Virginia, and DECLARED the property is owned by Murden Real Estate Trust, which is administered by Brian Ward Murden. Mr. Murden is Council Lady Henley's second cousin. The City Attorney has advised she is able to participate without restriction. Council Lady Henley's correspondence of February 24, 2009, is hereby made a part of the record. Councilman Wood ABSTAINED on the application of Item K11 (ATTOM DONUTS, INC.), (Dunkin Donuts). This is the same issue as the BURGER KING application (drive thrufood service) and only a block away from that property. In the abundance of caution, Councilman Wood ABSTAINED, even though advised by the City Attorney he could vote Mayor Sessoms ABSTAINED on Item K13 (METROTEC ASSOCIATES, INC. and ARVIND GOWDA) as the applicant receivesjinancial services from TowneBank of which he serves as President. Councilman Dyer ABSTAINED on Item K15 (WELDENFIELD OF VIRGINIA, L.L.c.) as he is employed by Regent University. February 24, 2009 I I' I - 54 - Item V-K.J. PLANNING ITEM # 58559 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED, until the City Council Session of March 10, 2009, Application of ASSOCIATION FOR RESEARCH and ENLIGHTENMENT, INC. (A.R.E. ),/or an Exvansion of a Nonconforming Use at 215 6th Street: RESOLUTION AUTHORIZING APPLICATION OF ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT, INC. (A.R.E.), FOR AN EXPANSION OF A NONCONFORMING USE: Application of ASSOCIATION FOR RESEARCH and ENLIGHTENMENT, INC. (A.R.E.), for an Exvansion of a Nonconforming Use at 215 6th Street DISTRICT 5 - LYNNHA VEN Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: William D. Sessoms, Jr. Council Members Absent: None Mayor Sessoms ABSTAINED re ASSOCIATION FOR RESEARCH AND ENGLIGHTMENT, INC. as the applicant is a customer of TowneBank. Mayor Sessoms is President of Towne Bank. February 24, 2009 I I' - 55 - Item V-K.2. PLANNING ITEM # 58560 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED Variance S4.4(b) of the the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for CHARLES H. DA WSON re lot width at 4300 Charity Neck Road VARIANCE TO S4.4(B) OF THE SUBDIVISION ORDINANCE THAT REQUIRES ALL NEWLY CREATED LOTS MEET THE REQUIREMENTS OF THE CITY ZONING ORDINANCE (CZO) FOR CHARLES H DAWSON RE LOT WIDTH AT 4300 CHARITY NECK ROAD Variance to S4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for CHARLES H DA WSON re lot width at 4300 Charity Neck Road - DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The property shall be substantially as shown on the plat entitled "Subdivision of Property of James B. Dawson et ai, " dated 15 September 2008, prepared by Bonifant Land Surveys which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. 2. In the event of demolition of the existing dwelling and replacement with a new structure or the relocation of the existing dwelling to another portion of the site or any other land disturbing activities proposed on this site, not including landscaping with the exception of fill material, a site plan of any proposed improvements and/or renovations to the property shall be submitted to the Development Services Center (DSC) of the Planning Department for review. No building permits shall be issued until said plan has been approved by the DSC. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr.. John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 24, 2009 I I - 56 - Item V-K.3. PLANNING ITEM # 58561 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED a Subdivision Variance 94.4(b) that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for BRUCE and KELLIE HENLEY re ajlag lot at Charity Neck and North Muddy Creek Roads APPLICATION OF BRUCE AND KELLIE HENLEY, SUBDIVISION VARIANCE (LOT WIDTH), EAST SIDE OF CHARITY NECK ROAD, APPROXIMATELY 1500 FEET SOUTH OF NORTH MUDDY CREEK ROAD Application of Bruce and Kellie Henley, Subdivision Variance Oot width), east side of Charity Neck Road, approximately 1500 feet south of North Muddy Creek Road (GPIN) 24127671810000). DISTRICT 7 - PRINCESS ANNE. The following condition shall be required: 1. The property shall be divided substantially as shown on the plat entitled "Subdivision of Lot 3, " dated October 24, 2008, prepared by Digital Survey Services, L.I.e., which has been exhibited to the Virginia Beach City Council and is onfile in the Department of Planning. 2. The width and surface material for the driveway serving Lots 3-A and 3-B shall be subject to approval by the Fire Department and shall be depicted on the site plan and any other necessary documents as determined by the Development Services Center of the Planning Department. 3. An ingress/egress easement providing use of the proposed ingress/egress for Lots 3-A and 3- B shall be shown on the final subdivision plat. February 24, 2009 II I' - 57 - Item V-K.3. PLANNING ITEM # 58561 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Barbara M Henley Council Members Absent: None Council Lady Henley ABSTAINED re application of BRUCE and KELLIE HENLEY east side of Charity Neck Road, approximately 1500 feet south of North Muddy Creek Road. Council Lady Henley DISCLOSED and ABSTAINED Pursuant to Section 2.2-3115(E), Code of Virginia; and, DECLARED she has an ownership interest in that property. Council Lady Henley's correspondence of February 24, 2009, is hereby made a part of the record February 24, 2009 I I' City of Virgir1ia. Bea.ch VBgov.com BARBARA M. HENLEY CITY COUNCIL MEMBER - PRINCESS ANNE - DISTRICT 7 PHONE: (757) 426-7501 BARBARA@BARBARAHENLEY.COM Refer to File No. 0038170 February 24, 2009 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Dear Mrs. Fraser: Pursuant to the Virginia Conflict ofInterests Act, Section 2.2-3115(E), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Bruce and Kellie Henley for a Subdivision Variance (lot width) on the east side of Charity Neck Road, approximately 1500 feet south of North Muddy Creek Road (GPIN 2412767181). 2. I have an ownership interest in that property and therefore will abstain from participating in City Council's consideration of this matter. I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. 3513 CHARITY NECK ROAD, VIRGINIA BEACH, VIRGINIA 23456 Mrs. Ruth Hodges Smith II I -2- February 24, 2009 Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia BMH/RRI c: William Macali, Acting City Attorney Sincerely, tMw /fllUy Barbara M. Henley Councilmember II I - 58 - Item V-K.4. PLANNING ITEM # 58562 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, Applications of JOHN RODGER BURNS at 3477 Muddy Creek Road: Variance to f4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) re constructing a dwelling in the floodplain and Floodvlain Variance re construction fill and mitigation; subject to: APPLICATIONS OF JOHN RODGER BURNS, SUBDIVISION VARIANCE AND FLOODPLAIN VARIANCE. 3477 MUDDY CREEK ROAD (GPIN: 2422047291). Applications of JOHN RODGER BURNS, Subdivision Variance and Floodplain Variance. 3477 Muddy Creek Road (GPIN: 2422047291). DISTRICT 7 - PRINCESS ANNE The following condition shall be required: The property shall be divided substantially as shown on the plat entitled "Preliminary Subdivision Plat of Howard E. Stover & Virginia G. Stover" dated July 24, 2008, prepared by Gallup Surveyors and Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady Henley DISCLOSED re applications of JOHN RODGER BURNS), 3477 Muddy Creek Road. Council Lady Henley DISCLOSED Pursuant to Section 2.2-3115(G), Code of Virginia; and DECLARED she has an ownership interest in a parcel of adjacent property. The City Attorney has advised she is able to participate in this transaction fairly, objectively, and in the public interest. Council Lady Henley's correspondence of February 24, 2009, is hereby made a part of the record. February 24, 2009 ,~ I' II I , City c:>f Virgirl..ia Beach VBgov.com BARBARA M. HENLEY CITY COUNCIL MEMBER - PRINCESS ANNE - DISTRICT 7 PHONE: (757) 426-7501 BARBARA@BARBARAHENLEY.COM Refer to File No. 0038169 February 24,2009 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia Dear Mrs. Fraser: Pursuant to the Virginia Conflict oflnterests Act, Section 2.2-3115(G), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of John Rodger Burns for a Subdivision Variance and Floodplain Variance for property located at 3477 Muddy Creek Road. 2. I have an ownership interest in a parcel of property that is adjacent to 3477 Muddy Creek Road. 3. Parcels of property owned by other individuals or entities are also located adjacent to, and across from, 3477 Muddy Creek Road. 4. I am a member of a group (owners of property adjoining or across from 3477 Muddy Creek Road), the members of which are affected by Council's consideration of this application. 5. I am able to participate in this transaction fairly, objectively, and in the public interest. 3513 CHARITY NECK ROAD, VIRGINIA BEACH, VIRGINIA 23456 I I Mrs. Ruth Hodges Fraser, MMC City Clerk February 24, 2009 Page 2 Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, fb/~t- Tn.~ Barbara M. Henley Councilmember BMH/RRI c: William Macali, Acting City Attorney I I - 59- Item V-K.5. PLANNING ITEM # 58563 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, Application of STEPHEN C. SWAIN for an Expansion of a Nonconforming Use re additions to a two- story single family dwelling at 1107 Cedar Point Drive. RESOLUTION UPON APPLICATION OF STEPHEN C. SWAIN A UTHORIZING ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 1107 CEDAR POINT DRIVE (GPIN: 24186626280000) Resolution upon application of STEPHEN C. SWAIN authorizing enlargement of a Nonconforming Use on property located at 1107 Cedar Point Drive GPIN: 24186626280000) re additions to a two-story single family dwelling at 1107 Cedar Point Drive. DISTRICT 5 - LYNNHA VEN The following conditions shall be required: 1. The additions to the single-family dwelling shall substantially adhere to the submitted architectural floor plans entitled "ADDITIONS & ALTERATIONS TO THE SWAIN RESIDENCE 1107 Cedar Point Drive Virginia Beach First Floor Plan A-1 and Second Floor Plan A-2 ", dated July 07, 2008, and prepared by Folck West Architects. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. Interior room layout may be modified; however, the addition may not extend beyond the footprint shown on the floor plans. 2. The additions to the single-family dwelling shall substantially adhere to the submitted elevation plans entitled "ADDITIONS & ALTERATIONS TO THE SWAIN RESIDENCE 1107 Cedar Point Drive Virginia Beach Front & Rear Elevations A-4 and Side Elevations A-5 ", dated July 07, 2008, and prepared by Folck West Architects. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 24, 2009 III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 1107 CEDAR POINT DRIVE, BEACH DISTRICT WHEREAS, Stephen C. Swain (hereinafter the "Applicant") has made application to the City Council for authorization to enlarge a nonconforming use by making additions to and alterations of a single-family dwelling on a certain lot or parcel of land having the address of 1107 Cedar Point Drive, in the R-10 Zoning District; WHEREAS, the said use is nonconforming, as the parcel contains a single-family dwelling and guesthouse constructed prior to the adoption of zoning regulations prohibiting two such structures on the same lot; and WHEREAS, pursuant to Section 105 of the city Zoning Ordinance, the enlargement of a nonconforming use is unlawful in the absence of a resolution of the City council authorizing such action upon a finding that the proposed use, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed use, as enlarged, will be equally appropriate to the district as is the existing use. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the enlargement of the single-family dwelling, by additions and alterations is hereby authorized, upon the following conditions: 1. The additions to the single-family dwelling shall substantially adhere to the submitted architectural floor plans entitled "ADDITIONS & ALTERATIONS TO THE SWAIN RESIDENCE 1107 Cedar Point Drive Virginia Beach First Floor Plan A-1 and Second Floor Plan A-2", dated July 07, 2008, and prepared by Folck West Architects. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. Interior room layout may be modified; however, the addition may not extend beyond the footprint shown on the floor plans. 2. The additions to the single-family dwelling shall substantially adhere to the submitted elevation plans entitled "ADDITIONS & ALTERATIONS TO THE SWAIN RESIDENCE 1107 Cedar Point Drive Virginia Beach Front & Rear Elevations A-4 and Side Elevations A-5", dated July 07, 2008, and prepared by Folck West Architects. Said plan has been exhibited to the I II 47 City of Virginia Beach City Council and is on file in the Planning 48 Department. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day 51 of February ,2009. - APZ7;~~~;li:JY City Att ney's 0 Ice APPROVED AS TO CONTENT: I II - 60- Item V-K.6. PLANNING ITEM # 58564 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council MODIFIED PROFFERS Nos. 4, 6 and 10 to reduce parking spaces, enlarge and modernize the building and to provide more green space, (approved by City Council on May 14, 1990) re Ordinance upon application ofWAL-MART REAL ESTATE BUSINESS TRUST at 657 Phoenix Drive ORDINANCE UPON APPLICATION OF WAL-MART REAL ESTATE BUSINESS TRUST, RE MODIFICATION OF PROFFERS, PREVIOUSLY APPROVED BY CITY COUNCIL ON MAY 14, 1990, 657 PHOENIX DRIVE. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of WAL-MART REAL ESTATE BUSINESS TRUST at 657 Phoenix Drive re MODIFICATION OF PROFFERS Nos. 4, 6 and 10 to reduce parking spaces, enlarge and modernize the building and to provide more green space, (approved by City Council on May 14, 1990) (GPIN: 1496387496) DISTRICT 3 - ROSE HALL The following condition shall be required; An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. and is hereby made a part of the record. These Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of February, Two Thousand Nine Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 24, 2009 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7293 FROM: DATE: February 9, 2009 LeSlie~e~ DEPT: City Attorney B. Kay Wilso __ DEPT: City Attorney TO: RE: Conditional Zoning Application; Wal-Mart Real Estate Business Trust The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 24, 2009. I have reviewed the subject proffer agreement, dated December 8, 2008 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/bm Enclosure cc: Kathle~ssen I I' Prepared by: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, Virginia 23462 MODIFICA TION OF COVENANTS, RESTRICTIONS AND CONDITIONS PROFFERED TO CITY OF VIRGINIA BEACH THIS MODIFICATION OF COVENANTS, RESTRICTIONS AND CONDITIONS PROFFERED TO CITY OF VIRGINIA BEACH, made this J!J day of 'T\t'r4'~ l,d:.lotJr , 200ii, between WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware business trust ("Grantor") and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee"); WITNESSETH: WHEREAS, Grantor is the owner of the real property described on Exhibit A attached hereto (the "Property"), which Property is currently zoned Conditional B-2, and is subject to certain recorded covenants, restrictions, and conditions; and WHEREAS, in April of 1990, Grantor's predecessors in interest (Robert M. Stein; Edward S. Stein; Arthur H. Stein; Barbara S. Fischer; and Robert M. Stein (fiduciary under the Will and Testament of Jack Stein, deceased) proffered certain covenants, restrictions, and conditions as part of a conditional rezoning, as set forth in the "Covenants, Restrictions and Conditions Proffered to City of Virginia Beach", dated April 3, 1990, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") in Deed Book 2911 at page 654 (the "Original Proffers"); and WHEREAS, Grantor desires to develop the Property in a manner that differs from the terms specified in the Original Proffers; and WHEREAS, Grantor desires to amend and modify three (3) of the covenants, restrictions, and conditions set forth in the Original Proffers; and WHEREAS, the conditions set forth in the Original Proffers may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing properly advertised pursuant to Section 15.2-2204 of the Code of Virginia, 1950 (as amended), which said ordinance or resolution shall be recorded along with the amendment as conclusive evidence of such consent. GPIN: 1496-38-7496-0000 I II NOW, THEREFORE, the Grantor for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or extraction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property, and hereby covenants and agrees that the tenus of this declaration shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. Proffer Number 4, contained in the Original Proffers, is hereby amended and restated in its entirety as follows: "PROFFER 4. Any buildings to be constructed on the Property shall be constructed in substantial conformance with the store rendering entitled "Walmart, Virginia Beach, Virginia # 1688" and dated September 25,2008, a copy of which has been contemporaneously delivered to the City with this declaration; has been exhibited to the City Council; and is on record with the City Planning Department." 2. Proffer Number 6, contained in the Original Proffers, is hereby amended and restated in its entirety as follows: "PROFFER 6. Upon and after completion of the improvements on the Property, the off-street parking provided on the Property shall be in accordance with the requirements set forth under the City of Virginia Beach Zoning Ordinance, as modified by any variance obtained from the appropriate authority." 3. Proffer Number 10, contained in the Original Proffers, is hereby amended and restated in its entirety as follows: "PROFFER 10. The improvements on the Property shall be constructed in substantial conformance with that site plan entitled "Site Layout Plan, Wal-Mart Store # 1688-06, 657 Phoenix Drive, GPIN 1496-38-7496, District 3 - Rose Hall, Virginia Beach Virginia", prepared by Engineering Services, Inc., and dated October 30, 2008 (the "Site Plan"), which has been exhibited to the City Council, and is on record with the Planning Department of the City. Changes to the Site Plan as requested by the City in writing during site plan review, building permit review and/or construction of the improvements shall be allowed." 4. All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. All references herein to zoning districts and to regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the modification of proffered covenants, restrictions and conditions is approved by the Grantee. Page 2 II I' I The covenants, restrictions and conditions set forth above, having been proffered by the Grantor and allowed and accepted by the Grantee, shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of page intentionally left blank. Separate signature page to follow.] Page 3 II I I W AL-MART REAL ESTATE BUSINESS TRUST, a Delaware business trust: By: ~.;{ 7Yfd- / C.c.'.l'\ I\\,-clk f Title: '" (.J/ Pre',t"di: 'If STATE/GOMMON\'1EAL'lli OF ...cm'/COUNTY OF _~i' y'''\:'OI\ F\ r kd "~\CL, ..~ . to-wit: The foregoing instrument was sworn to and acknowledged before me this -XL day of n,){'( mb.:L 2008, by C {' J \ r'rVd L:> r . on behalf of Wal-Mart Real Estate Business Trust. . Witness my hand and official stamp or seal this ~ day 0(J.),e.~lnhtf2008. .f'{)iI.~ QAj ~" N ary blic (SEAL) My Commission Expires: I' :~~AR~~PUB~~J~~R!~; ~~KA. N;. sl BENTON COUNTY My Commission Expires 10-19-2016 Commission #,!m750.!___ _............,...,,~' Registration Number: Page 4 I I I EXHIBIT A ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and appurtenances thereunto belonging, lying situate and being in the Lynnhaven Borough of the City of Virginia Beach, Virginia, being known, numbered and designated as Parcel 7, as shown and designated on the plat entitled "SUBDIVISION & ROADWAY DEDICA TION PLAT OF PARCEL 4, M.B. 160, PG. 31, D.B. 1944, PG. 449, D.B. 2717, PG. 1034, FOR ROBERT M. STEIN, ET AL, OCEANA WEST INDUSTRIAL PARK, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA" dated June 26, 1990, and last revised August 8, 1990, made by Langley and McDonald, P.C., which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 207, at page 79, reference to which plat is hereby made for a more particular description of the property conveyed hereby. AND BEING a portion of the same property conveyed to Wal-Mart Real Estate Trust deed from Wal-Mart Stores Inc. dated October 31, 1996, and recorded October 16, 1997, in Deed Book 3799, page 1191, among the land records of the City of Virginia Beach, Virginia. 371123 Pal!e 5 I I I - 61 - Item V-K. 7. PLANNING ITEM # 58565 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinance upon application of RE-BIRTH INTERNATIONAL MINISTRIES for a Conditional Use Permit re a church at 5249 Challedon Drive ORDINANCE UPON APPLICATION OF RE-BIRTH INTERNATIONAL MINISTRIES, CONDITIONAL USE PERMIT FOR A CHURCH, 5249 CHALLEDON DRIVE (GPIN: 14665827010000) R020935316 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of RE-BIRTH INTERNATIONAL MINISTRIES for a Conditional Use Permit re a church at 5249 Challedon Drive (GPIN: 14665827010000) DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. Within one (1) year from the date of approval of this Conditional Use Permit, the church shall construct the improvements depicted on the artist's rendering entitled, "Exterior Renovation Concept: Re-Birth International Ministries, " dated December 11, 2008, prepared by Barnes Design Group, P.e., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. 2. A Certificate of Occupancy shall be obtainedfrom the Building Official's Office prior to occupancy. 3. Overflow parking may be accommodated on neighboring parcels, subject to the written agreements provided with the Conditional Use Permit application and on file with the Planning Department. While said overflow parking provides the capability for the church to expand beyond the 75 attendees permitted by the number of on-site parking spaces, the ultimate maximum number of attendees shall be limited to the final occupancy load as determined by the Building Official. 4. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along Challedon Drive where deemed appropriate by City staff to aid in screening vehicles from the right-of-way. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of February, Two Thousand Nine February 24, 2009 II I I - 62- Item V-K. 7. PLANNING ITEM # 58565 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None February 24, 2009 II I - 63 - Item V-K8. PLANNING ITEM # 58566 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinance upon application of CRESCENT COMMUNITY CENTER for a Conditional Use Permit re a church at 1401 Lynnhaven Parkway, Unit 101: ORDINANCE UPON APPLICATION OF CRESCENT COMMUNITY CENTER, CONDITIONAL USE PERMIT (CHURCH), 1401 LYNNHAVEN PARKWAY, UNIT 101 R020935317 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CRESCENT COMMUNITY CENTER, Conditional Use Permit (church), 1401 Lynnhaven Parkway, Unit 101. (GPIN: 14857831340) DISTRICT 3 - ROSE HALL DISTRICT. The following conditions shall be required: 1. The applicant shall comply with all applicable City requirements for building codes, including fire safety and suppression, requiredfor a change of use from commercial to a place of assembly prior to commencing church activities. This includes a Fire Inspection, a Fire Code Permit and a Certificate of Occupancy from the Building Official's Office. 2. The number of congregants at any time shall not exceed the occupancy number for the unit as established by the Fire Marshall This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach. Virginia, on the Twenty-fourth of February, Two Thousand Nine Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 24, 2009 ~ ji II I - 64- Item V-K.9. PLANNING ITEM # 58567 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of CARLA L. GRAHAM for a Conditional Use Permit re a Cosmetology School at 5760 Princess Anne Road ORDINANCE UPON APPLICATION OF CARLA L. GRAHAM, CONDITIONAL USE PERMIT (COSMETOLOGY SCHOOL), 5760 PRINCESS ANNE ROAD R020935318 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CARLA L. GRAHAM re a Conditional Use Permit (cosmetology school), 5760 Princess Anne Road (GPIN: 1467041217). DISTRICT 2 - KEMPSVILLE The following condition shall be required: 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning / Permits and Inspections Division and the Virginia Department of Health. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of February, Two Thousand Nine Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 24, 2009 II I I - 65 - Item V-K.I0. PLANNING ITEM # 58568 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of RICHMOND 20MHZ, L.L.C. d/b/a N TELOS for a Conditional Use Permit re a communication tower at 345 North Great Neck Road: ORDINANCE UPON APPLICATION OF RICHMOND 20MHZ, L.L.c. D/B/A N TELOS, CONDITIONAL USE PERMIT, (COMMUNICATION TOWER), 345 NORTH GREAT NECK ROAD R020935319 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RICHMOND 20MHZ, L.L.c. D/B/A N TELOS, re a Conditonal Use Permit (COMMUNICATION TOWER), 345 North Great Neck Road (GPIN: 1497959915) DISTRICT 6 - BEACH The following conditions shall be required: 1. The tower shall be constructed substantially as shown on the site plans entitled "nTelos Telecommunications Facility; Chesopeian Colony (RMB-5428) ", prepared by Johnson, Mirmiran & Thompson, dated December 1, 2008. The plans have been exhibited to City Council and are on file with the Department of Planning. 2. The tower, including antennas and lightning rod, shall not exceed ninety-jive (95) feet in height. 3. In the event interference with any City emergency communications facilities arises from the use of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. if the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 4. Should the antennas cease to be usedfor a period of more than one (1) year, the applicant shall remove the antennas and their supporting tower and related equipment. 5. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition No. 1 if the Director determines that the proposed antenna type will (a) not result in any undue impact beyond the antenna type shown in the submitted plan in the plan described in Condition No.1 and (b) meets all other relevant requirements of Section 232 of the City Zoning Ordinance. 6. The applicant shall install a solid wood privacy fence around the proposed telecommunication tower and/or ground equipment depicted on the final site plan, withfinal approval at the discretion of the Planning Director. No barbed wire shall be permitted. 7. No signs indicating the location of this facility are allowed. 8. Existing trees on-site shall remain undisturbed and protected. February 24, 2009 II I' - 66- Item V-K.I0. PLANNING ITEM # 58568 (Continued) This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of February, Two Thousand Nine Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 24,2009 1.1 I I - 67- Item V-Kll PLANNING ITEM # 58569 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ALLOWED WITHDRA W AL of the Ordinance upon application of A TTOM DONUTS, INC. for a Conditional Use Permit re a drive-through window for an eating and drinking establishment at 501 Laskin Road ORDINANCE UPON APPLICATION OF ATTOM DONUTS, INC., RE CONDITIONAL USE PERMIT (EATING AND DRINKING ESTABLISHMENT WITH A DRIVE-THROUGH WINDOW), 501 LASKIN ROAD. AICUZ Ordinance upon application of ATTOM DONUTS, INC., for a Conditional Use Permit (eating and drinking establishment with a drive- through window), 501 Laskin Road. (GPIN: 24189147690000) AICUZ DISTRICT 6 - BEACH Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: James L. Wood Council Members Absent: None Council Lady Henley DISCLOSED on ATTOM DONUTS, INC., 501 Laskin Road. Council Lady Henley DISCLOSED Pursuant to Section 2.2-3115(E), Code of Virginia, and DECLARED the property is owned by Murden Real Estate Trust, which is administered by Brian Ward Murden. Mr. Murden is Council Lady Henley's second cousin. The City Attorney has advised she is able to participate without restriction. Council Lady Henley's correspondence of February 24, 2009, is hereby made a part of the record. Councilman Wood ABSTAINED on this application of ATTOM DONUTS, INC. (Dunkin Donuts). This is the same issue as the BURGER KING application (drive thrufood service) and only a block away from that property. In the abundance of caution, Councilman Wood ABSTAINED, even though advised by the City Attorney he could vote. February 24, 2009 II I City of Virgir1ia Beach VBgov.com BARBARA M. HENLEY CITY COUNCIL MEMBER - PRINCESS ANNE - DISTRICT 7 PHONE: (757) 426-7501 BARBARA@BARBARAHENLEYCOM In Reply Refer to 003 1890 February 24, 2009 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Regarding Attom Donuts, Inc. Dear Mrs. Fraser: I hereby make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Attom Donuts, Inc. for a Conditional Use Permit for property located at 501 Laskin Road. 2. The property that is the subject of this transaction is owned by the Murden Real Estate Trust, which is administered by Brian Ward Murden. 3. Mr. Murden is my second cousin. The Conflict oflnterests Act defines "immediate family" as "(i) a spouse and (ii) any other person residing in the same household as the officer or employee, who is a dependent of the officer or employee or of whom the officer or employee is a dependent." Mr. Murden is not a member of my "immediate family," nor is any other person with a financial interest in the Murden Real Estate Trust. 4. Accordingly, the City Attorney has advised me that I may participate without restriction in City Council's consideration of this application. 3513 CHARITY NECK ROAD. VIRGINIA BEACH, VIRGINIA 23456 II I Mrs. Ruth Hodges Fraser 2 February 24, 2009 I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, ~. /11;* Barbara M. Henley Councilmember BMH/RRI cc: Acting City Attorney William Macali II I - 68 - Item V-K.12 PLANNING ITEM # 58570 The following registered to speak: Raeford Eure, 901 Port Centre Parkway, Portsmouth, Virginia, Phone: 484-9670, President - Hoggard Eure Associates, represented the applicant. The applicant wishes to continue to operate a drive-through which they have been doingfor the past thirty-seven (37) years. As the use predates the Ordinance, the current drive-through facility is grandfathered provided the applicant does not stop using the drive- through for more than two (2) years or if a major renovation is plannedfor the site. As part of their corporate maintenance program on a National level, Burger King plans to remove the current antiquated facilities and replace them with new stores. This is considered a major renovation in view of the fact that they are going to totally demolish the existing store but only after the new one is constructed. A Conditional Use Permit to continue the drive-through use is necessary. The applicant has worked closely with City Staff and the Resort Advisory Commission to address issues. With the site plan provided, the applicant believes all the issues have been addressed, with the exception of the Gateway Study requirement for a drive-through. The applicant has also met with the Linkhorn Park Civic League, who has no objection to the project. Should this Conditional Use Permit be denied, Burger King will continue to operate the existing facility in its current condition. The City would receive a right-oi-way dedication, at no cost, and a beautiful new building if the drive-through is allowed. Jeff Baker, Senior Regional Construction Manager, 936 East Sparrow Road, Phone: 322-7797, represented Burger King Corporation and advised Burger King is currently in the process of expending approximately $12- to $15-MILLION in this community. The drive-through represents approximately sixty (60%) to seventy (70%) percent of the business. This store is projected to realize revenue of approximately $2-MILLION per year. Re the Strategic Area Plan, the City Manager advised the City is in active negotiation for a major development about 1-12 blocks East of this location. In terms of the City's commitment and action, two years ago, the City expended $ 14-MILLION building 30th Street in its particular configuration to accommodate such a major development in the future. $ 12-MILLION has been budgeted in the Capital Improvement Program to conduct the engineering and construction of Thirty-Second Street to be the northern 'half of th is circulation system. The applicant is proposing a 2,563 square foot single story suburban style drive-through restaurant on this site. The City's plan adopted in December is a development that would encompass 120,000 square feet on this site and a return of 40 to 50 times the Burger King's proposal. A MOTION was made by Councilman Uhrin, seconded by Council Lady Wilson to ADOPT, AS CONDITIONED, with a ten-(10) year time limit, the Ordinance upon application of BURGER KING CORPORATION re a Conditional Use Permit with a drive-through window. A SUBSTITUTE MOTION was made by Councilman Diezel, seconded by Councilman DeSteph to approve, as submitted, the Ordinance upon application of BURGER KING CORPORATION for a Conditional Use Permit with a drive-through window. February 24, 2009 II I' - 69- Item V-K.12 PLANNING ITEM # 58570 (Continued) Councilman Davis made a motion to AMEND the SUBSTITUTE MOTOIN to approve with a 10-year "Sunset Clause". There was no SECOND. Councilman Diezel WITHDREW his motion, the Seconder would not WITHDRA W. A SUBSTITUTE MOTION was made by Councilman Diezel, seconded by Councilman DeSteph, to ADOPT, as conditioned, Ordinance upon application of BURGER KING CORPORATION for a Conditional Use Permit with a drive-through window for an eating and drinking establishment at 524 Laskin Road: Voting: 1-9 (LOST DUE TOA NEGATIVE VOTE) Council Members Voting Aye: William R. "Bill" DeSteph Council Members Voting Nay: Glenn R. Davis, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Abstaining: James L. Wood Council Members Absent: None In the abundance of caution, Councilman Wood ABSTAINED, even though advised by the City Attorney he could vote. February 24, 2009 II I - 70- Item V-K.12 PLANNING ITEM # 58570 (Continued) Councilman Uhrin and Council Lady Wilson WITHDREW the MAIN MOTION Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council ADOPTED, AS CONDITIONED, with a fifteen-(15} year Sunset Clause, Ordinance upon application of BURGER KING CORPORATION for a Conditional Use Permit with a drive-through window for an eating and drinking establishment at 524 Laskin Road: ORDINANCE UPON APPLICATION OF BURGER KING CORPORATION, CONDITIONAL USE PERMIT (EATING AND DRINKING ESTABLISHMENT WITH DRIVE-THROUGH FACILITIES), 524 LASKIN ROAD. ROAD R020935320 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BURGER KING CORPORATION, Conditional Use Permit (eating and drinking establishment with drive- throughfacilities), 524 Laskin Road. (GPIN # 2418911948) The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted site plan entitled "BURGER KING, 524 LASKIN ROAD, VIRGINIA BEAC, VIRGINIA ", prepared by Hoggard-Eure Associates, P.e., and dated 10-XX-2008 except: a. The Laskin Road streetscape shall be re-designed to reflect the street design of the recently completed 30th Street Laskin Road Gateway (CIP # 2-076). This includes paving design, plantings, street lighting and site furnishings. b. The western side of the proposed building may ultimately become the predominately viewed side when 32nd Street is connected to Laskin Road West of the property. The planting design for the western side of the property shall be enhanced to appropriately reduce the mass and scale to the western side of the building to the public. The applicant shall work with the current Planning Division of the Planning Department to design an appropriate landscape plan for the western side of the site. c. The excess proposed parking over the minimum parking requirement shall be eliminated along the Laskin Roadfrontage. The groups offour (4) parking spaces along the eastern side and interior portion of the site and the eastern side of the building shall be eliminated and replaced with landscaping and site furnishings, such as seating areas and benches. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. Modifications to the plan may be approved by the Planning Director to accommodate the items listed above. February 24, 2009 II I - 71 - Item V-K.12 PLANNING ITEM # 58570 (Continued) 2. The architecture of the building shall be re-designed to reflect the architectural elements of 31 Ocean (the Hilton Hotel at 31st Street and Oceanfront) and the Old Beach Village (lofts and condominiums at 30th Street and Baltic Avenue). 3. The existing free-standing sign shall be removed. The applicant may install a monument sign, no more than eight (8) feet in height and similar in design to the Farm Fresh supermarket sign South of the site. 4. This Conditional Use Permit shall be valid no more than fifteen (15) years from the date of approval (February 24, 2009) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of February, Two Thousand Nine Voting: 9-1 Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: William R. "Bill" DeSteph Council Members Abstaining: James L. Wood Council Members Absent: None In the abundance of caution, Councilman Wood ABSTAINED, even though advised by the City Attorney he could vote February 24, 2009 II I - 72- Item V-K.13 PLANNING ITEM # 58571 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of METROTEC ASSOCIATES, INC. and ARVIND GOWDA for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF METROTEC ASSOCIATES, INC. AND ARVIND GOWDA, (R-10 RESIDENTIAL DISTRICT TO CONDITIONAL A-12 APARTMENT DISTRICT), WESTERN TERMINUS OF SHURNEY LANE. Z02091219 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of METROTEC ASSOCIATES, INC. AND ARVIND GOWDA, for a Conditional Change of Zoning District Classification (R-10 Residential District to Conditional A-12 Apartment District), western terminus of Shurney Lane (GPIN: 14684443100000,- 14684431280000 DISTRICT 4 - BAYSIDE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of February, Two Thousand Nine Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: None Mayor Sessoms ABSTAINED on ME TROTEC ASSOCIATES, INC. and ARVIND GOWDA as the applicant receives financial services from TowneBank of which he serves as the President. February 24, 2009 II I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7081 FROM: DATE: February 9, 2009 LeS0i11e~~ DEPT: City Attorney B. Kay Wilso~ DEPT: City Attorney TO: RE: Conditional Zoning Application; Metrotec Associates, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 24, 2009. I have reviewed the subject proffer agreement, dated August 19, 2008 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/bm Enclosure cc: Ka~n Hassen II I PROFFER AGREEMENT THIS AGREEMENT made this 19th day of August, 2008, by and between METROTEC ASSOCIATES, INC. and ARVIND GOWDA property owners herein collectively referred to as "GRANTORS," and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, herein referred to as "GRANTEE." RECITALS A. GRANTORS are the owners of certain parcels of real property located in the Shumey Lane of the Bayside Borough of the City of Virginia Beach, Virginia, hereinafter referred to as the "Property," comprising a total of approximately two (2) acres, and more particularly described as follows: See Exhibit "A" B. The GRANTORS have initiated a conditional amendment to the zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the GRANTEE to change the Zoning Classification of the Property from R-lO Residential District to A-12 Apartment (Conditional) zoning. C. The GRANTEE'S policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation. D. The GRANTORS acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the GRANTORS' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the GRANTORS' rezoning application gives TIse. E. The GRANTORS desire to offer to the GRANTEE certain proffers as a part of the proposed development of the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. GPIN # 1468-44-4310-0000 GPIN # 1468-44-3128-0000 This Document Prepared by: Kelsey Law, p.e. 4098 Foxwood Drive Virginia Beach, V A 23462 Page 1 of6 II I NOW, THEREFORE, and in consideration of the approval by the City of Virginia Beach, of the proffers, GRANTORS assign GRANTEE, and other successors in title or interest, voluntarily and without any requirement by or exaction from GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTORS, its successors, personal representatives, assigns, GRANTEE, and other successors in interest or title. The GRANTORS agree that in developing the Property they will meet and comply with the following proffers if accepted by the City of Virginia Beach, Virginia: 1. The Property shall be developed substantially as shown on the site plan entitled "DIAMOND HILL TOWNHOMES, PRELIMINARY PLAN, VIRGINIA BEACH, VIRGINIA," (hereinafter "Site Plan"), dated October 10, 2008 as prepared by Gallup Surveyors & Engineers, LTD. The Site Plan has ~een exhibited to the Virginia Beach City Council, and is on file with the Virginia Beach Department of Planning. 2. When the Property is developed as proposed in the "DIAMOND HILL TOWNHOMES Elevation Plan", (hereinafter "Elevation") the residential structures shall have the architectural design and utilize building materials substantially as depicted and designated on the Elevation. Exterior materials include Hardy Boards, Exposed Bricks, Architectural Shingles, and M&W Windows. The Elevation has been exhibited to the Virginia Beach City Council, and is on file in the Virginia Beach Department of Planning. 3. The Property will be developed with no more than twelve (12) Townhouse units, as depicted on the Site Plan. A Community Association shall be created to maintain the curb landscaping, areas surrounding the BMP Pond, and the privacy fences. 4. When the Property is developed it shall be landscaped substantially as depicted on the Site Plan, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 5. Further conditions may be required by the GRANTEE during detailed Site, Plan review, and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. All references to the A-12 (Conditional) requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance, and Subdivision Ordinance of the City of Virginia Beach, Virginia in force as of the date of approval of this agreement by the City Council, which by reference are hereby incorporated. Page 2 of6 'I I The above conditions, having been proffered by the GRANTORS and allowed and accepted by the GRANTEE as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property, and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that such instrument is consented to by the GRANTEE in writing. The writing is to be evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before the GRANTEE. The public hearing is to be advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. The ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The GRANTORS covenant and agree that: 1. The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on. behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, any non-compliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding. 2. The failure to meet all conditions and restrictions shall constitute a cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, and pursuant to these provisions, the GRANTORS shall petition the governing body for the review thereof prior to instituting proceedings in court. 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property. The ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department. The ordinances and the conditions shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the GRANTORS and the GRANTEE. Page 3 of6 II I WITNESS THE HAND AND SEAL OF THE UNDERSIGNED. ~~J~ METROTEC A OCIA TES, INC. by Ram L. Gowda, President The foregoing instrument was acknowledged, subscribed and executed before me this --11!!."day of August, 2008 by Ram L. Gowda, President, Metrotec Associates, Inc. My Commission Expires: .-/1 ' (' I/u () f.l-lt,tJ4l (' (/<--f.Y\ Notary Public (j \\\""Ill"',,,~ ,\\\ "'f. E "~ ,,~~ . k. :r4! "", o~ ..........:~~ .-:15o~ ,:. ~ .' 01 '. ~ ~... ! ~....., ..".. p(/~.....~\ : u:' ~ REG. ~.~ ~ a 0 i ~ 3014t21 C' ~ ~ ~ ; 0 ~ COMMISSION J! = ~ ~\ ",vP1RES .: 0..$ --~. ~ . ~ 0....10/31/2011....$,i ~ ~.~.;.. .... ~ ~ ~,.r",~......... oft ",,,~ """ o;:-A L T'" """, "'''''"11'''''' WITNESS THE HAND AND SEAL OF THE UNDERSIGNED. ~~ The foregoing instrument was acknowledged, subscribed and executed before me this 2. Z day of J..yc;,~~, 2008 by Arvind Gowda. ~'p"'CI'JI.~y t(9~ My Commission Expires: My commission Expires March 14, 2012 Document Prepared By: Kelsey Law, P.c. 4098 Foxwood Drive, Suite 200 Virginia Beach, V A 23462 Page 4 of6 'I I WITNESS THE HAND AND SEAL OF THE UNDERSIGNED. ME~~ Ram L. Gowda, President The foregoing instrument was acknowledged, subscribed and executed before me this ~'day of August, 2008 by Ram L. Gowda, President, Metrotec Associates, Inc. My Commission Expires: tk4~~;:. KtJ~~ Notary Public (j ", "" 11I11 II"'l ,\\' ..,r. E "'1. " ~",s;. . N.. 1',. ~" o"'...........:~( , ~ ~.... f"l~ p,. .... "_ ~ ~ ~....~ "'..... ", ~ ~"".c..r v......_~ : ...,... 0 REG' y'~ :. = 0: z 301428 ('\: ~ ; ~ i~. COMMISSION j ~ E ~ ~... EXPIRES ... "S ~ 0....10/31/2011....,.$'1' ~ ~'" .......~ ~ .",i-..........o~ ~~ """, ~ A L TH ,\",,, ",,,",,,,,,\,\, WITNESS THE HAND AND SEAL OF THE UNDERSIGNED. ARVIND GOWDA The foregoing instrument was acknowledged, subscribed and executed before me this _ day of August, 2008 by Arvind Gowda. My Commission Expires: Notary Public Document Prepared By: Kelsey Law, P.C. 4098 Foxwood Drive, Suite 200 Virginia Beach, V A 23462 Page 4 of6 II I Exhibit "A" Legal Description Parcel I ALL THAT certain piece, parcel or lot of land, lying situate and being in Bayside Borough of the City of Virginia Beach, Virginia and known as Parcel C as shown on a plat designated "Survey of Clark Property, made for H.C. Moore" by P.L. Smith, P.S. dated June 7, 1959, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 37, at page 49, and more particularly described as follows: Beginning at a pin situated on the edge of the right of way of Breathwaite Road thence . running South 78 degrees 29 minutes E. 408.9 feet to an old pin; thence running North 5 degrees 0 minutes W. 79 feet to a pin; thence running North 89 degrees 92 minutes E. 567.1 feet to a pin on the edge of the right of way of Breathwaite Road; thence along the- edge of the right of way of said Road, North 18 degrees 18 minutes E. 170.15 feet to the point of beginning. Parcel 2 ALL THAT CERTAIN LOT, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot E, as shown on that certain plat entitled. "SUBDIVISION OF PROPERTY SHOWN IN DB 814 PG 80, VIRGINIA BEACH, VIRGINIA", made by Beck Associates, P.C., Civil Engineers and Land Surveyors, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 200509080144090. Page 6 of 6 II I - 73 - Item V-K.14 PLANNING ITEM # 58572 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of PRINCESSBORO COMPANY, INC. for a Change of Zoning District Classification from AG-l Agricultural District to Conditional 0-2 Office and Conditional B-2 Community Business District re office and retail space: ORDINANCE UPON APPLICATION OF P RINCESSBORO COMPANY, INC., CHANGE OF ZONING DISTRICT CLASSIFICATION. AG-1 AGRICULTURAL DISTRICT TO CONDITIONAL 0-2 OFFICE AND CONDITIONAL B-2 COMMUNITY BUSINESS DISTRICT. EAST SIDE OF PRINCESS ANNE ROAD, APPROXIMATELY 600 FEET SOUTH OF SANDBRIDGE ROAD Z02091220 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of PRINCESSBORO COMPANY, INC., Change of ZoninJ! District Classification, AG-1 Agricultural District to Conditional 0-2 Office and Conditional B-2 Community Business District. East side of Princess Anne Road, approximately 600 feet south of Sandbridge Road (GPIN: 24142138720000 portion of and 24143151380000 portion of) DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of February, Two Thousand Nine Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 24, 2009 I I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7081 TO: DATE: February 9,2009 leslie ~~ DEPT: City Attorney B. Kay Wils _ . DEPT: City Attorney FROM: RE: Conditional Zoning Application; Princessboro Development, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 24,2009. I have reviewed the subject proffer agreement, dated January 20, 2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/bm Enclosure cc: Kathleen ~sen PREPARED BY; II I PRINCESSBORO DEVELOPMENT COMPANY, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CI1Y OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 20th day of January, 2009, by and between PRINCESSBORO DEVELOPMENT COMPANY, INC., a Virginia corporation, Grantor; and THE CI1Y OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of two (2) contiguous parcels of property located in the Princess Anne District of the City of Virginia Beach, designated as Parcel 1 containing 13.393 acres and Parcel 2 containing 9.720 acres and described in Exhibit "A" attached hereto and incorporated herein by reference, said properties being hereinafter referred together as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classifications of the Property from AG-l and AG-2 to Conditional B-2 Commercial District and Conditional 0-2 Office District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 2414-21-3872 IIIBSYJ{[s. IJOURDON. 2414-31-5138 (Part ot) .. AHrnN & U:vv. P.c. 1 PREPARED BY: II S~[S. BOURDON. AHfRN & ll:VY. P.C I I WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-2 and 0-2 Zoning Districts by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors and assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibits entitled "CONCEPT PLAN OF PRINCESSBORO DEVELOPMENT SANDBRIDGE" and "ENTRANCE AND STREETS CAPE EXHIBIT PROPOSED SANDBRIDGE MARKETPLACE FOR PRINCESSBORO DEVELOPMENT", dated 01/07/09, prepared by Hoggard/Eure Associates, P.C., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter collectively referred to as the "Conceptual Site Plan"). 2. When those portions of the Property zoned B-2 Commercial are developed they shall be in accordance with the restrictions and requirements of the B-2 zoning district as specified in Article 9 of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia at the time of development. In addition to those standards which are mandatory, all development, except that which can only take place upon the approval of a Conditional Use Permit by Virginia Beach City Council, shall also adhere to the following provisions of Article II, Subsection D "DESIGN, ETC. STANDARDS FOR RETAIL ESTABLISHMENTS AND SHOPPING CENTERS" of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia: 2 PREPARED BY: II Sn:rs. ROURDON. AJlrnN & lM. P.c. I I A. Section 245 (all applicable subsections); B. Section 246(d)(5); C. Section 246(e)(I). 3. When any of the Property is developed, the architectural features, building materials and the quality level of the buildings constructed shall be comparable to the quality levels depicted in the renderings entitled "BUILDING TYPES - PHOTOGRAPHS & RENDERINGS, SANDBRIDGE MARKETPLACE, October 25, 2008, ("Commercial Rendering" and "Office Rendering") which have been exhibited to the City Council and are on file in the Department of Planning. Deviations from the Renderings are anticipated and may be allowed provided the quality levels are the same or higher than depicted in the rendering. The renderings are demonstrative of the quality intended by the Grantor. 4. When any of the Property is developed, all the freestanding signage shall be no greater than six feet (6') in height, shall not be internally illuminated and shall be of substantially similar design and quality as those depicted on the pictorial renderings entitled "FREESTANDING SIGN OPTIONS "A", "B" and "c" SANDBRIDGE MARKETPLACE, October 25, 2008", ("Freestanding Sign Renderings") which have been exhibited to the City Council and are on file in the Department of Planning. 5. When the Property is developed, a ten foot (10') wide Category IV Landscape Buffer will be provided and planted in accordance with the City's "Landscape Screening and Buffering Specifications and Standards" adjacent to the southern property line. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the AG-l, AG-2, B-2 and 0-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is 3 PREPARED BY: _ SYIIlS. nOVRDON. .. ADrnN & llVY. P.c. I I part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 PREPARED BY: BB SYJ(fS. 1l0URDON. .. AIJrnN & IJ:VY. P.c. II I WITNESS the following signature and seal: Grantor: Princessboro Development Company, Inc., a Virginia corporation By: ~ ~L" f).,:,,/.,::+ C. M'chael sher, President (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 26th day of January, 2009, by C. Michael Fisher, President of Princessboro Development Company, Inc., a Virginia corporation, Grantor. A ~il d:t"rtd0- . '~,4L" ',j 'I Notary Public My Commission Expires: Notary Registration No.: August 31, 2010 192628 5 PREPARED BY: lIB syn:s. ROURDON. .. AlIrnN & Lffi'. P.c. II I EXHIBIT "A" PARCEL 1: ALL THAT certain lot, piece or parcel of land with any improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel D-1, as shown on that certain plat entitled, "SUBDIVISION OF PARCEL C-1-Y, PARCEL C-2 PROPERlY OF PRINCESSBORO DEVELOPMENT CO., INC.", prepared by MSA, P.C., dated August 5, 2005, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 20051229002079030. GPIN: 2414-21-3872 PARCEL 2: ALL THAT certain portion or a parcel of land with any improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being a 9.720 acre portion of that property known and designated as PARCEL D-2, on that certain plat entitled, "SUBDIVISION OF PARCEL C-1-Y, PARCEL C-2 PROPERTY OF PRINCESSBORO DEVELOPMENT CO., INC.", prepared by MSA, P.C., dated August 5, 2005, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 20051229002079030. Said portion of PARCEL D-2 is more particularly described as follows: BEGINNING at the southeast corner of Parcel D-2 as depicted on the plat entitled "SUBDIVISION OF PARCEL C-1-Y, PARCEL C-2 PROPERTY OF PRINCESSBORO DEVELOPMENT CO., INC.", dated August 5, 2005 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20051229002079030, and from this POINT OF BEGINNING running along the shared boundary between PARCEL D-2 and PARCEL D-1 as depicted on the afore referenced plat North 400 29' 12" East, a distance of 741.25 feet to a point along the southern boundary of PARCEL D as depicted on the plat entitled "SUBDMSION OF PARCEL C-1-Y , PARCEL C-2" as recorded in the afore referenced Clerk's Office as Instrument No. 20051229002075030; thence turning and running South 490 30' 48" East, a distance of 566.95 feet to a point; thence continuing in a southwesterly direction along the arc of a curve having a radius of 857.69 feet an arc distance of 37.01 feet to a point; thence continuing in a southwesterly direction along the arc of a curve having a radius of 172.42 feet an arc distance of 112.44 feet to a point; thence continuing in a southwesterly direction along the arc of a curve having a radius of 425.76 feet an arc distance of 9.58 feet to a point; thence turning and running South 070 26' 20" East, a distance of 173.52 feet to a point; thence turning and running South 200 39' 32" West, a distance of 311.40 feet to a point along the shared boundary between PARCEL D-2 as depicted on the afore referenced Subdivision of "PARCEL C-1-Y" and "PARCEL C-2" and property now or formerly owned by Munden & Associates, L.P.; thence turning and running along said shared boundary 6 PREPARED BY: II SYIiIS. 1l0URDON. AllrnN & llVY. P.C I I North 630 22' 18" West, a distance of 774.61 feet to the POINT OF BEGINNING. Said Zoning Parcel contains approximately 9.720 Acres. GPIN: 2414-31-5138 (Part of) ConditionaIRezone/PrincessboroDevelopment/Proffer5- Clean Rev_l/2o/09 7 I I - 74- Item V-K.15. PLANNING ITEM # 58573 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ALLOWED WITHDRAWAL of the Ordinance upon application of WELDENFIELD OF VIRGINIA, L.L.c. for a Chanze of Zoning District Classification from 1-1 Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD-H2 Overlay at Regent University Drive and Jake Sears Road. ORDINANCE UPON APPLICATION OF WELDENFIELD OF VIRGINIA, L.L. C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 1-1 LIGHT INDUSTRIAL DISTRICT, R-5D RESIDENTIAL DUPLEX DISTRICT AND 0-2 OFFICE DISTRICT TO CONDITIONAL R-7.5 RESIDENTIAL DISTRICT WITH A PD-H2 OVERLAY Ordinance upon application of Welden field of Virginia, L.L. C. for a Chanze of Zoning District Classification from 1-1 Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD-H2 Overlay on property located at the northwest intersection of Regent University Drive and Jake Sears Road (GPINs 1455571149; part of 1455666408). DISTRICT 1 - CENTERVILLE Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Robert M Dyer Council Members Absent: None Councilman Dyer ABSTAINED on Welden field of Virginia, L.L.c. , as he is employed by Regent University. February 24, 2009 I I - 75 - Item V-L.J. APPOINTMENTS ITEM # 58574 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Suzanne S. Love Esther A. Martin 3 Year Terms 4/1/09 - 3/31/12 HEALTH SERVICES ADVISORY BOARD Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 24, 2009 II I - 76- Item V-L.2. APPOINTMENTS ITEM # 58575 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Alicia C. B. F. Bobulinski William A. Dyson, Sr. Fay B. Silverman 3 Year Terms 4/1/09 - 3/31/12 HUMAN RIGHTS COMMISSION Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 24, 2009 II I - 77- Item V-L.3. APPOINTMENTS ITEM # 58576 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Glenn R. Davis 1 Year Term 4/1/09 - 3/31/10 PLANNING COUNCIL Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 24, 2009 III I - 78 - Item V. O. ADJOURNMENT ITEM # 58577 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:55 P.M. ~__t2_:6l-!/~ Beverly 0. Hooks, CMC Chief Deputy City Clerk (2~JlJ!.~./ '-Z:Hodges Fraser, MMC City Clerk William D. Sessoms. Jr. Mayor City of Virginia Beach Virginia February 24, 2009 II I - 78 - Item V.O. ADJOURNMENT ITEM # 58577 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6: 55 P.M. ~__~:_rq~_~~~ Beverly 0. Hooks, CMC Chief Deputy City Clerk ?vr~k- William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia ,r February 24, 2009