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HomeMy WebLinkAboutJULY 9, 2013I CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Lenge ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 JOHN D.MOSS, At -Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lvnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 09 July 2013 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.com I. CITY COUNCIL COMMENTS II. CITY COUNCIL AGENDA REVIEW III. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION 5:00 PM 5:30 PM I IV. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Chaplain David Cochran Virginia Beach Police Department C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS July 2, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES 1. Ordinances to AMEND the City Code: a. §21-407 re towing and storage of vehicles b. §25.1-4 re precious metals and gems 2. Ordinances to APPROPRIATE/ADJUST: a. Housing and Neighborhood Preservation: 1. $234,594 New Grant re Veteran's Supportive Housing Vouchers 2. $ 92,363 Block Grant funds 3. $ 3,892 Continuum of Care 4. $ 54,721 HOME Programs 5. $ 60,572 Emergency Shelter 6. $ 58,484 Housing for AIDS program 7. $637,070 Housing Choice Voucher 8. $946,000 Housing Choice Portability 9. $188,576 Housing Choice Portability 10. $293,358 Community Development Loan 11. $ 61,181 Reserve for Contingencies re Sequestration b. $ 3,489 the Sheriff's Career Development Program I. PLANNING 1. Application of RADHAKRISHNA RENUKUNTA & KAVITHA VURIMINDI for a Variance to §4.4 (b) of the Subdivision Ordinance re lots having no frontage on a public street at 1636 and 1676 Godfrey Lane DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 2. Application of WBM, LLC for a Street Closure re unimproved right-of-way at the Western terminus of 12th street to construct a Duplex DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 3. Application of BARTON HERITAGE, LLC. T/A SANDBRIDGE BEACH BUGGIES/LOWER 40, LLC for a Conditional Use Permit re vehicle rentals at 3713 Sandpiper Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 4. Application of DML/LYNNHAVEN MALL, LLC for a Conditional Use Permit re a Tattoo Parlor at 701 Lynnhaven Parkway DISTRICT 3 — ROSE HALL RECOMMENDATION: APPROVAL 5. Application of OUR SAVIOUR LUTHERAN CHURCH for a Conditional Use Permit re a columbarium at 4200 Shore Drive DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL J. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* 2013 CITY HOLIDAYS Labor Day - Monday, September 2 Veterans Day, - :Monday, November 11 Thanksgiving Day & Dal' after Thanksgiving - Thursday, _November 28 & Friday, .November 29 Christmas Eve (half-day) - Tuesday, December 24 Christman Day - Wednesday, December 25 -1 - VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 9, 2013 Mayor William D. Sessoms, Jr., called to order the City Council's Informal Session, in the City Council Conference Room, Tuesday, July 9, 2013, at 5:00 P.M. Council Members Present: William R. "Bill" DeSteph, Barbara M. Henley, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: Glenn R. Davis, Robert M. Dyer, Vice Mayor Louis R. Jones (Family Vacation), John D. Moss and John E. Uhrin July 9, 2013 -2 - CITY COUNCIL COMMENTS 5:00 P.M. ITEM #62980 Councilman DeSteph advised VanGuard Landing (to be located in Princess Anne District) made good strides in the right direction. They will be coming before City Council for consideration right after City Council 's vacation. Mayor Sessoms stated he and Council Lady Henley met with the group and are very encouraged this will move forward for consideration. ITEM #62981 Council Lady Ross -Hammond distributed a copy of the letter received dated July 1, 2013, from the Historic Kempsville Citizen's Advisory Committee (CAC) concerning reinvesting City land sale proceeds with the Historic Kempsville District Area. Mayor Sessoms requested a meeting within the next few weeks with Council Lady Ross -Hammond on this subject. The City Manager will review this letter and proposal. ITEM #62982 Council Lady Ross -Hammond attended the July 4`h celebration at the Senior Resource Center. Over 100 individuals attended. Council Lady Henley thanked Council Lady Ross -Hammond for her musical contribution to the Senior Resource Center's celebration. Council Lady Ross -Hammond also attended the celebration that evening at Mount Trashmore and both events were very well attended. ITEM #62983 Council Lady Ross -Hammond received a phone call from one of the "Ocean Promoters" of the 2013 College Beach Weekend expressing concern regarding the Admission Tax Ordinance. The promoter felt it was a move to prevent any future College Beach Weekends. Council Lady Ross -Hammond discussed and arranged for the Commissioner of the Revenue's Staff to meet with Promoter to ensure full compliance and there was no prejudice intent in this Ordinance. July 9, 2013 -3 - AGENDA REVIEW SESSION 5:01 P.M. ITEM #62984 BY CONSENSUS, the following shall compose the CONSENT AGENDA: H. ORDINANCES 1. Ordinances to AMEND the City Code: a. §21-407 re towing and storage of vehicles b. §25.1-4 re precious metals and gems 2. Ordinances to APPROPRIATE/ADJUST: a. Housing and Neighborhood Preservation: 1. $234, 594 New Grant re Veteran's Supportive Housing Vouchers 2. $ 92,363 Block Grant funds 3. $ 3,892 Continuum of Care 4. $ 54,721 HOME Programs 5. $ 60,572 Emergency Shelter 6. $ 58,484 Housing for AIDS program 7. $637,070 Housing Choice Voucher 8. $946, 000 Housing Choice Portability 9. $188,576 Housing Choice Portability 10. $293,358 Community Development Loan 11. $ 61,181 Reserve for Contingencies re Sequestration b. $ 3,489 the Sheriff's Career Development Program Councilman Moss shall vote a Verbal NAY on Item #2a(11) July 9, 2013 -4 - AGENDA REVIEW SESSION ITEM #62984 (Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: L PLANNING 1. Application of RADHAKRISHNA RENUKUNTA & KAVITHA VURIMINDI for a Variance to §4.4 (b) of the Subdivision Ordinance re lots having no frontage on a public street at 1636 and 1676 Godfrey Lane DISTRICT 5 — LYNNHAVEN 2. Application of WBM, LLC for a Street Closure re unimproved right-of-way at the Western terminus of 12`" street to construct a Duplex DISTRICT 6 — BEACH 3. Application of BARTON HERITAGE, LLC. T/A SANDBRIDGE BEACH BUGGIES/LOWER 40, LLC for a Conditional Use Permit re vehicle rentals at 3713 Sandpiper Road DISTRICT 7 — PRINCESS ANNE 4. Application of DML/LYNNHAVEN MALL, LLC for a Conditional Use Permit re a Tattoo Parlor at 701 Lynnhaven Parkway DISTRICT 3 — ROSE HALL 5. Application of OUR SAVIOUR LUTHERAN CHURCH for a Conditional Use Permit re a columbarium at 4200 Shore Drive DISTRICT 4 - BAYSIDE July 9, 2013 I -5- ITEM#62985 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). City of Virginia Beach v. Lynnhaven Dunes Condominium Association, Inc. July 9, 2013 -6 - ITEM# 62985(Continued) Upon motion by Council Lady Wilson, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION at 5:04 P.M. Voting: 7-0 Council Members Voting Aye: William R. "Bill" DeSteph, Barbara M. Henley, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: (Closed Session Glenn R. Davis, Robert M. Dyer, Vice Mayor Louis R. Jones (Family Vacation) and John D. Moss 5:04 P.M. - 5:40 P.M.) July 9, 2013 -7- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JULY 9, 2013 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, July 9, 2013, at 6:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Vice Mayor Louis R. Jones INVOCATION: Chaplain David Cochran Virginia Beach Police Department PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included inthe official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. July 9, 2013 -8- Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. July 9, 2013 Item -IV-E CERTIFICATION -9- ITEM #62986 Upon motion by Councilman DeSteph, seconded by Councilman Dyer, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye. Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones July 9, 2013 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #62985 Page 6, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. 1 Hodges Fraser, MMC ay Clerk July 9, 2013 I Item -IV -F.1 MINUTES -10- ITEM #62987 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of July 2, 2013. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones Council Members Abstaining: John D. Moss July 9, 2013 -11 - ADOPT AGENDA FOR FORMAL SESSION ITEM #62988 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION July 9, 2013 -12 - Item —IV -H ORDINANCES ITEM #62989 Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council APPROVED, IN ONE MOTION, BY CONSENT, 1(a/b) and 2(a1-11 and b) [Councilman Moss shall vote Verbal NAY on Item #2a(11)] of the CONSENT AGENDA, composed of Ordinances, Resolutions and the Planning Applications. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones July 9, 2013 -13- Item-IV-H.1a/b ORDINANCES ITEM #62990 Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code: a. §21-407 re towing and storage of vehicles b. §25.1-4 re precious metals and gems Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones July 9, 2013 1 AN ORDINANCE TO AMEND SECTION 25.1- 2 4 OF THE CITY CODE PERTAINING TO 3 PRECIOUS METAL AND GEMS 4 5 SECTION AMENDED: 25.1-4 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 25.1-4 of the Code of the City of Virginia Beach, Virginia, are 11 hereby amended and reordained to read as follows: 12 13 Sec. 25.1-4. Records to be kept; daily electronic report to police. 14 15 (a) Every dealer shall keep at his place of business an accurate and legible record of 16 each purchase of precious metals or gems. The record of each purchase shall be 17 retained by the dealer for at least twenty-four (24) months and shall set forth the 18 following: 19 20 (1) A complete description of all precious metals or gems purchased from 21 each seller. The description shall include all names, initials, serial numbers or 22 other identifying marks or monograms on each item purchased, the true weight 23 and purity, if known, of any precious metal, the true weight or carat of any gem, 24 the color of any gem or precious metal, and the price paid for each item; 25 26 (2) The date, time and place of receiving the items purchased; 27 28 (3) The full name, residence address, work place, home and work telephone 29 numbers, date of birth, sex, race, height, weight, hair and eye color, and other 30 identifying marks of the seller; 31 32 (4) Verification of the identification of the seller by the exhibition of a 33 government -issued identification card with a photograph of the seller, such as a 34 driver's license or military identification card. The record shall contain the type of 35 identification exhibited, the issuing agency, and the identification card number 36 thereon; and 37 38 (5) A statement of ownership from the seller. 39 40 (b) The information required by subdivisions (1) through (5) of subsection (a) of this 41 section shall appear on each bill of sale for all precious metals and gems 42 purchased by a dealer. 43 44 (c) The information required by subdivisions (1) through (4) of subsection (a) of this 45 section shall be transmitted in an electronic format, as specified in § 25-6 and 46 approved by the Pawn Unit,. to the Chief of Police by way of the department's 47 Pawn Unit. Faxing the information is not permitted. 9th Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of July , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Depa men( CA12678 R-2 June 25, 2013 _ C9City At rney's1ffic- REQUESTED BY COUNCILMEMBERS ROSS-HAMMOND AND UHRIN 1 AN ORDINANCE TO AMEND SECTION 21- 2 407 OF THE CITY CODE PERTAINING TO 3 CHARGES FOR TOWING AND STORAGE OF 4 VEHICLES 5 6 SECTION AMENDED: 21-407 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 21-407 of the Code of the City of Virginia Beach, Virginia, are 12 hereby amended and reordained to read as follows: 13 14 Sec. 21-407. Charges for towing and storage of vehicle; receipt required. 15 16 17 18 (a) No tow truck service or operator operating within the City shall, at any time, charge a basic towing fee greater than the fees set forth below: Gross weight of vehicle Maximum fee 11,000 pounds or less $135.00 145.00 11,001 pounds or more 285.00 19 20 The basic fee shall be inclusive of any additional towing services such as the use of a 21 dolly. This subsection shall apply only when a vehicle is moved or towed without the 22 prior consent and agreement of the owner or custodian of the vehicle. 23 24 (b) No tow truck service or operator shall assess any charges for storage for the initial 25 twenty-four (24) hours, nor charge more than twenty-five dollars ($25.00) per twenty - 26 four-hour period thereafter, for any vehicle with a gross weight of eleven thousand 27 (11,000) pounds or less removed from private property without the consent of the owner 28 or custodian of the vehicle, whether such tow originates in this City or any other 29 jurisdiction. For vehicles with a gross weight of more than eleven thousand (11,000) 30 pounds, a storage fee not to exceed twenty-five dollars ($25.00) per twenty -four-hour 31 period may be assessed after the first twenty-four (24) hours. Delays caused by storage 32 yard personnel shall not be included when computing storage charges. 33 34 (c) If any vehicle is not redeemed within seventy-two (72) hours after it is towed, the 35 tow truck service shall be entitled to recover an additional fee, not to exceed seventy - 36 five dollars ($75.00), as payment for the cost of any search conducted to determine the 37 registered owner and lien holder, if any, of the vehicle. 38 39 (d) No tow truck service or operator shall charge any fee for mileage, or any other fee 40 in addition to the basic towing fee set forth in subsection (a) above. In order to ensure 41 that no tow truck service or operator collects more than the fees authorized by this 42 section, tow truck services and operators shall provide change for cash payments made 43 by any person whose vehicle has been towed or released after hook up. 44 45 (e) A monetary receipt for each and every fee collected must be given to those persons 46 whose vehicles have been towed by a tow truck service, or released after hook up, 47 upon release of the vehicle. The information on the receipt must be clearly legible and 48 include the time, date and place of the tow, the name of the tow truck operator who 49 made the tow, and the name of the tow truck service for which said operator works. The 50 receipt must also list the amount of money paid for the release of the vehicle, any 51 additional charges incurred in the tow, and the reason for said additional charges. The 52 following shall be printed conspicuously on every receipt: "NOTICE: Virginia Beach City 53 Code § 21-407(f) requires the tow company to offer you a Survey and Comment Form 54 with this receipt." A copy of the receipt must be retained by the tow truck service for a 55 period of one (1) year and shall be made available for inspection by city police or the 56 Commissioner of the Revenue during normal business hours of the tow truck service 57 owner. 58 59 (f) A survey and comment form, developed by the Towing Advisory Board, shall be 60 offered to those persons whose vehicles have been towed by a tow truck service, or 61 released after hookup, upon release of the vehicle. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of July , 2013. APPROVED AS TO LEGAL SUFFICIENCY: CA12685 R-1 June 28, 2013 -14- Item-IV-H.2a(1-10) and b ORDINANCES ITEM #62991 Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinances to APPROPRIATE/ADJUST: a. Housing and Neighborhood Preservation: 1. $234,594 New Grant re Veteran's Supportive Housing Vouchers 2. $ 92,363 Block Grant funds 3. $ 3,892 Continuum of Care 4. $ 54,721 HOME Programs 5. $ 60,572 Emergency Shelter 6. $ 58,484 Housing for AIDS program 7. $637,070 Housing Choice Voucher 8. $946, 000 Housing Choice Portability 9. $188,576 Housing Choice Portability 10. $293,358 Community Development Loan b. $ 3,489 the Sheriff's Career Development Program Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones July 9, 2013 1 AN ORDINANCE TO AMEND THE FY 2013-14 2 OPERATING BUDGET OF THE DEPARTMENT 3 OF HOUSING AND NEIGHBORHOOD 4 PRESERVATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That The Department of Housing and Neighborhood Preservation's FY 2013-14 10 Operating Budget is hereby modified for the amounts and purposes set forth below: 11 12 1. $234,594 in federal grant funds is hereby appropriated, with federal revenue 13 increased accordingly, to provide rental subsidies for homeless Veterans who are 14 receiving services from the Hampton, VA medical center; 15 16 2. $92,363 in Community Development Block Grant funds is hereby appropriated, with 17 federal revenue increased accordingly; 18 19 3. $3,892 in Continuum of Care funds is hereby appropriated, with federal revenue 20 increased accordingly; and 21 22 4. $54,721 in funding previously appropriated for the HOME program is hereby 23 reduced, with federal revenue decreased accordingly; 24 25 5. $60,572 in funding previously appropriated for the Emergency Shelter Grant 26 program is hereby reduced, with federal revenue decreased accordingly; 27 28 6. $58,484 in funding previously appropriated for the Housing Opportunities for 29 Persons with AIDS program is hereby reduced, with federal revenue decreased 30 accordingly; 31 32 7. $637,070 in funding previously appropriated for the Housing Choice Voucher 33 Program is hereby reduced, with federal revenue decreased accordingly; 34 35 8. $946,000 in Housing Choice Voucher Portability program revenue is hereby 36 appropriated, with local revenue increased accordingly, to provide rental subsidies 37 through the Housing Choice Voucher Portability program; 38 39 9. $188,576 in specific fund reserves is hereby appropriated, with revenue increased 40 accordingly, to provide rental subsidies through the Housing Choice Voucher 41 Portability program; 42 43 10. $293,358 is hereby transferred within the Community Development Loan and Grant 44 Fund (Fund 181) to provide additional local support for the construction of 32 45 affordable housing units at Crescent Square apartments; and 46 47 11.$61,181 is transferred from the Reserve for Contingencies - Sequestration to the 48 Operating Budget of the DHNP to offset reduced federal funding that supports the 49 operation of five homeless -serving non-profit organizations. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of July, , 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services ' Office CA12682 R-2 July 1, 2013 1 AN ORDINANCE FOR THE SHERIFF'S OFFICE TO 2 USE CITY FUNDS TO PARTIALLY FUND THE 3 SHERIFF'S CAREER DEVELOPMENT PROGRAM 4 5 WHEREAS, the Sheriff has requested the use of city funds from the Sheriff's 6 FY 2013-14 Operating Budget to supplement reduced state funding related to 7 participation in the Sheriff's Career Development Program; and 8 9 WHEREAS, the City Council has a City Policy in place to prevent, to the extent 10 possible, the shifting of financial responsibility for State, Federal, or privately funded 11 programs to the citizens of Virginia Beach by not supplanting those funds with local 12 funds, but the policy allows the City Council to do so. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 1. That the Sheriff's Office is authorized to use City funds, within the FY 2013-14 18 Sheriff's Operating budget, to supplant lost State FUNDS for a Sheriff salary 19 adjustment of $3,489. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of , 2013. July APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services CA12683 R-2 June 27, 2013 City Attorney's Office -15- Item-IV-H.2a(11) ORDINANCES ITEM #62992 Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinances to APPROPRIATE/ADJUST: a. Housing and Neighborhood Preservation. 11. $ 61,181 Reserve for Contingencies re Sequestration Voting: 9-1 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Vice Mayor Louis R. Jones July 9, 2013 Item -IV-I PLANNING 1. RADHAKRISHNA RENUKUNTA & K4 VITHA VURIMINDI 2. WBM, LLC 3. BARTON HERITAGE, LLC T/A SANDBRIDGE BEACH BUGGIES/ LOWER 40, LLC 4. DML/LYNNHAVENMALL, LLC 5. OUR SAVIOUR LUTHERAN CHURCH -16- ITEM #62993 VARIANCE STREET CLOSURE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT July 9, 2013 -17 - Item -IV-I PLANNING ITEM #629934 Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2, 3, 4 and 5 of the PLANNING AGENDA. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones July 9, 2013 -18 - Item -IV-I.1 PLANNING ITEM #62995 Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council APPROVED/CONDITIONED, BY CONSENT, Application of RADHAKRISHNA RENUKUNTA & KAVITHA VURIMINDI for a Variance to §4.4 (b) of the Subdivision Ordinance re lots having no frontage on a public street at 1636 and 1676 Godfrey Lane DISTRICT 5 — LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of RADHAKRISHNA RENUKUNTA & KAVITHA VURIMINDI for a Variance to §4.4 (b) of the Subdivision Ordinance re lots having no frontage on a public street at 1636 and 1676 Godfrey Lane (GPINs 2409231083; 2409230291) DISTRICT 5 — LYNNHAVEN The following condition shall be required: 1. The existing parcels shall be subdivided substantially in accordance with the submitted preliminary Subdivision Plat "Subdivision of GPIN's 2409-23-1083 (DB 1281, PG 14) & 2409-23-0291 (DB1278, PG 388) (MB 27, PG 22) (MB 52, PG 53) Virginia Beach, Virginia"; dated January 23, 2013, and prepared by MSA, P.C. Said Plat has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth day of July, Two Thousand Thirteen July 9, 2013 -19 - Item -IV-I.1 PLANNING ITEM #62995(Continued) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones July 9, 2013 -20 - Item -IV -I.2 PLANNING ITEM #62996 Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council APPROVED/CONDITIONED, BY CONSENT, Application of WBM, LLC for a Street Closure re unimproved right-of-way at the Western terminus of 12`" street to construct a Duplex DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of WBM, LLC for a Street Closure re unimproved right-of-way at the Western terminus of 12`" Street to construct a Duplex DISTRICT 6 — BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by Virginia Beach City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel to the East. The Plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verb that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above -stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final Plat is not approved within one (1) year of the City Council vote to close the right-of- way, this approval shall be considered null and void. July 9, 2013 -21 - Item -IV -I.2 PLANNING ITEM #62996(Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth day of July, Two Thousand Thirteen Voting.• 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones July 9, 2013 1 ORDINANCE APPROVING APPLICATION OF WBM, 2 L.L.C. FOR THE CLOSURE OF A 4,827 SQ. FT. 3 PORTION OF AN UNIMPROVED RIGHT-OF-WAY 4 AT THE WESTERN TERMINUS OF 12TH STREET 5 6 WHEREAS, WBM, L.L.C., a Virginia limited liability company, (the 7 "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to have the 8 hereinafter described unimproved and unnamed right-of-way discontinued, closed, and 9 vacated; and 10 11 WHEREAS, it is the judgment of the Council that said right-of-way be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance; 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 16 Virginia Beach, Virginia: 17 18 SECTION 1 19 20 That the hereinafter described unimproved and unnamed right-of-way be 21 discontinued, closed and vacated, subject to certain conditions being met on or before 22 one (1) year from City Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "AREA OF PROPOSED STREET CLOSURE 27 (4,827 SQ. FT., 0.111 AC.)", shown as the hatched area on 28 that certain plat entitled "STREET CLOSURE EXHIBIT OF 29 A 4,827 SQ. FT. (0.111 AC.) PORTION OF AN UNNAMED 30 PUBLIC R/W WEST OF BLOCK 120 AND 31 NORTHWESTERLY OF 12TH STREET, PLAT OF 32 LAKEWOOD (M.B. 7, P. 100) VIRGINIA BEACH, VIRGINIA 33 EXCLUSIVELY FOR WBM, LLC", Scale: 1" = 50', dated 34 September 25, 2012, prepared by wpl, a copy of which is 35 attached hereto as Exhibit A. 36 37 SECTION II 38 39 The following conditions must be met on or before one (1) year from City 40 Council's adoption of this ordinance: 41 42 1. The City Attorney's Office will make the final determination regarding 43 ownership of the underlying fee. The purchase price to be paid to the City 44 45 GPIN: City right-of-way / No GPIN assigned (Adjacent to GPINs 2417-74-7598, 46 2417-84-1588 and 2417-84-0482) 1 47 shall be determined according to the "Policy Regarding Purchase of City's 48 Interest in Streets Pursuant to Street Closures," approved by City Council. 49 Copies of the policy are available in the Planning Department. 50 51 2. The Applicant shall resubdivide the property and vacate internal lot lines to 52 incorporate the closed area into the adjoining parcel to the east. The plat 53 must be submitted and approved for recordation prior to final street closure 54 approval. 55 56 3. The Applicant shall verify that no private utilities exist within the right-of-way 57 proposed for closure. Preliminary comments from the utility companies 58 indicate that there are no private utilities within the right-of-way proposed for 59 closure. If private utilities do exist, easements satisfactory to the utility 60 company, must be provided. 61 62 4. Closure of the right-of-way shall be contingent upon compliance with the 63 above stated conditions within 365 days of approval by City Council. If the 64 conditions noted above are not accomplished and the final plat is not 65 approved within one year of the City Council vote to close the right-of-way this 66 approval shall be considered null and void. 67 68 SECTION III 69 70 1. If the preceding conditions are not fulfilled on or before July 8, 2014, this 71 Ordinance will be deemed null and void without further action by the City Council. 72 73 2. If all conditions are met on or before July 8, 2014, the date of final closure is 74 the date the street closure ordinance is recorded by the City Attorney. 75 76 3. In the event the City of Virginia Beach has any interest in the underlying fee, 77 the City Manager or his designee is authorized to execute whatever documents, if any, 78 that may be requested to convey such interest, provided said documents are approved 79 by the City Attorney's Office. 80 SECTION IV 81 82 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 83 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 84 OF VIRGINIA BEACH as "Grantor" and WBM, L.L.C., as "Grantee." 85 86 9th Adopted by the Council of the City of Virginia Beach, Virginia, on this 11 87 day of y , 2013. 2 APPROVED AS TO LEGAL SUFFICIENCY: aiGLA,Q. Gl/k(c2�/ice City Attorn CA12413 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\D024\P014\00047647. DOC R-1 June 28, 2013 3 APPROVED AS TO CONTENT: P NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. / / Blumberg No. 5119 EXHIBIT LOCATION MAP SCALE : 1•-K MILE rr' WBM, LLC 2417-84-1588 (INST 20121212001422370) LOT 30, BLOCK 120 PLAT OF LAKEWOOD N/F � O n 27 50' Rf N 100) VINYL/PVC / FENCE ryryj/ A=26.16' / R=50.00' A =29'58'24" LOT 1A SHADOW LAWN NORTH N/F / ROBERT R. LITTMAN / 2417-84-0482-0944 / (INST 20071127001578030) S 897629' W 12 M B. 7, P' 0p869050) PROPOSED INST 2 p06°6080 R/W LINE ( AREA OF PROPOSED STREET CLOSURE/ (4,827 SQ. FT., 0.111 AC. CG -6 CURB & GUTTER A=44.43' R=40.00' RUTH E. ELMORE 2417-84-0482-0946 (INST 20071120001559050) I II 3212.89 i \ PROPERTY OF CITY OF VIRGINIA BEACH (FORMERLY N&S RR) 2417-64-9312 EXISTING R/W LINE 3A Landscape Architecture Land Surveying Civil Engineering w site.com 757.431.1041 22 EMCIR✓LSIE8% II OFJCIi.M23452 STREET CLOSURE EXHIBIT OF A 4,827 SQ. FT. (0.111 AC.) PORTION OF AN UNNAMED PUBLIC R/W WEST OF BLOCK 120 AND NORTHWESTERLY OF 12T8 STREET, PLAT OF LAKEWOOD (M.B. 7, P. 100) VIRGINIA BEACH, VIRGINIA Exclusively for WBM, LLC SCALE: 1" = 50' SHEET 1 OF 1 25 SEPTEMBER, 2012 CAD/chk: TMF/eag CITY OF VIRGINIA BEACH, VA I F.B. 1001 P.42-49 I PLAT: L-213 I JN: 212-0344 1 -22 - Item -IV-I.3 PLANNING ITEM #62997 Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council APPROVED/CONDITIONED, BY CONSENT, Application of BARTON HERITAGE, LLC. T/A SANDBRIDGE BEACH BUGGIES/LOWER 40, LLC for a Conditional Use Permit re vehicle rentals at 3 713 Sandpiper Road DISTRICT 7 — PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of BARTON HERITAGE, LLC. T/A SANDBRIDGE BEACH BUGGIES/LOWER 40, LLC for a Conditional Use Permit re vehicle rentals at 3713 Sandpiper Road (GPIN 2432 732311) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. Except as modified by any conditions below, the Low Speed Vehicles (LSVs) shall be parked only in areas designated as depicted on the Plan entitled, "Physical Survey, Part of Tract E, Sandbridge Beach, MB. 37 P.31, Virginia Beach, Virginia, Made for: Barton Heritage, LLC, " prepared by Bonifant Land Surveys, dated April 27, 2013. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Landscaping to screen the vehicles from the property to the North shall be installed along the length of the LSVs vehicle holding area. Said landscaping shall be approved by the DSC landscape architect prior to installation and shall be depicted on the Plan. 3. The motor vehicle rental operation on this Site shall be limited to no more than thirty (30) LSVs. Rental of any other motor vehicles shall be prohibited. 4. A planter containing plant material shall be installed along Sandpiper Road as depicted on the Plan referenced in Condition 1 above. 5. Consistent with the requirements of the Zoning Ordinance, no LSV for rent shall be parked any closer than five (5) feet from the Sandpiper Road property line. 6. No display or parking of any vehicles shall be permitted within the right-of- way. 7. Vehicles shall not be displayed on raised platforms anywhere on the Site nor shall any portion of the ground level of the Site be raised for the purpose of increasing the height of a vehicle for display purposes. 8. There shall be no outside storage of parts or equipment. 9. The minimum number of parking spaces, as required by the Zoning Ordinance for the existing office building, shall remain available for use by employees and customers of the office building and free of LSVs. LSVs shall not be parked or stored in any space labeled on the Site layout as "customer parking." July 9, 2013 -23 - Item -IV-I.3 PLANNING ITEM #62997(Continued) 10. A waiver for the gravel parking lot shall be submitted to the Building Official's Office prior to issuance of business license. In the event the waiver is not granted, the applicant shall comply with all typical requirements associated with site improvements for this use. Upon receipt of waiver, the area depicted as gravel on the survey shall be upgraded with new gravel to accommodate the storage and display of the LSVs. 11. Due to the existence of the 100 -Year floodplain on the Site, the parking or placement of LSVs outside the existing limits of gravel, depicted on the Plan referenced in Condition 1 above as "Edge of Gravel," shall be prohibited. 12. No repair of the LSVs shall be performed on Site other than washing, which can only be done behind the existing building on the gravel area. 13. All renters of the LSV shall sign a "disclosure statement" that includes an acknowledgement that all applicable laws of the Commonwealth of Virginia and the City of Virginia Beach for motor vehicles apply to these low speed vehicles including, but not limited to, parking, seat belt use, licensure and permitted use areas (on roads less than thirty five (35) mph, no off road). Said disclosure shall also state that, just as with any other motor vehicle, failure to obey these laws and regulations will result in enforcement by the Police Department. 14. A copy of the renter's valid, current driver's license shall be kept on file in the business office of the applicant as a means of validating that the operator(s) of the LSV does indeed have a driver's license. 15. No off-road use shall be permitted on beaches or dunes or other environmentally sensitive areas or other areas restricted from motor vehicle use. 16. All signage on the Site shall conform to all applicable Zoning Ordinance requirements. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth day of July, Two Thousand Thirteen July 9, 2013 -24 - Item -IV-L3 PLANNING ITEM #62997(Continued) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones July 9, 2013 -25 - Item -IV-I.4 PLANNING ITEM #62998 Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council APPROVED/CONDITIONED, BY CONSENT, Application of DML/LYNNHAVENMALL, LLC for a Conditional Use Permit re a Tattoo Parlor at 701 Lynnhaven Parkway DISTRICT 3 — ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of DML/LYNNHAVEN MALL, LLC for a Conditional Use Permit re a Tattoo Parlor at 701 Lynnhaven Parkway (GPIN 1496461559) DISTRICT 3 — ROSE HALL The following conditions shall be required: 1. A Business License shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual tattooing operation on a customer shall not be visible from the exterior of the establishment or from the retail sales area within the establishment. 3. The hours of operation shall be 10:00 A.M. to 9:00 P.M, Monday through Saturday, and from 12:00 P.M to 6:00 P.M on Sunday. 4. From November 22'" through January 1'`, the applicant may deviate from the hours established in Condition 3 adhering to the modified Holiday hours of operation as established by Lynnhaven Mall. This shall entail opening no earlier than 6:00 A.M. and closing no later than 10:00 P.M. 5. The service of tattooing shall only be available to individuals over eighteen (18) years of age regardless of the authorization or attendance of a legal guardian, with the exception of medical reasons as specified by a physician. 6. The service of body piercing shall only be available to individuals over fifteen (15) years of age. 7. All signage shall substantially conform to the submitted drawing titled, "Signage Rendering, " dated May 29, 2013. 8. The layout of the facility shall substantially conform to the submitted drawing titled, "Floorplan, " dated May 29, 2013. 9. In addition to the conditions above, the applicant shall also meet all requirements of Section 23-51 and 23-53.1 of the City Code. July 9, 2013 -26 - Item -IV-I.4 PLANNING ITEM #62998(Continued) This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth day of July, Two Thousand Thirteen Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones July 9, 2013 -27 - Item -IV-L5 PLANNING ITEM #62999 Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council APPROVED/CONDITIONED, BY CONSENT, Application of OUR SAVIOUR LUTHERAN CHURCH for a Conditional Use Permit re a columbarium at 4200 Shore Drive DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of OUR SAVIOUR LUTHERAN CHURCH for a Conditional Use Permit re a columbarium at 4200 Shore Drive (GPIN 1479981231) DISTRICT 4 — BAYSIDE The following conditions shall be required. 1. Development of this Site shall substantially conform to the submitted conceptual architectural drawing entitled, "Wall Section" and "Elevation from Teal Court." 2. This Conditional Use Permit shall only apply to the area necessary for the footprint of the columbarium, as shown on the drawing titled, "Wall Section. " Said area shall project northward from the exterior wall no more than seven (7) feet six (6) inches and to the East and West no more than fifteen (15) feet. 3. No more than 126 niches are permitted with this Conditional Use Permit. Said niches shall be developed in two (2) separate phases, with the first phase consisting of no more than sixty three (63) niches. 4. Prior to construction, the applicant shall submit all necessary drawings and documents to obtain any required permits as specified by the City of Virginia Beach. 5. Prior to construction, the applicant shall submit all required drawings to the Development Services Center for review. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth day of July, Two Thousand Thirteen July 9, 2013 Item -IV -I.5 PLANNING Voting: 10-0 Council Members Voting Aye: -28- ITEM #62999(Continued) Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones July 9, 2013 -29 - ITEM IV -J APPOINTMENTS ITEM #63000 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HUMAN RIGHTS COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION July 9, 2013 -30 - ITEM IV -J APPOINTMENTS ITEM #63001 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: CHERYL E. DAVIDSON JENNIFER KREISER Three Year Term — 04/01/2013 — 03/31/2017 HEALTH SERVICES ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones July 9, 2013 -31 - ITEM IV -J APPOINTMENTS ITEM #63002 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: JOHN M. BAILLIO WILLIAM M. WALSH, JR. Two Year Term —11/01/2013 —10/31/2015 HISTORICAL REVIEW BOARD Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones July 9, 2013 -32 - ITEM IV -J APPOINTMENTS ITEM #63003 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: DIANA LaCLAIRE Three Year Term — 09/01/2013 — 08/31/2016 PUBLIC LIBRARY BOARD Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones July 9, 2013 -33 - ITEM IV -J APPOINTMENTS ITEM #63004 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: KIM THUMEL EDNA WEISS Three Year Term — 09/01/2013 — 08/31/2016 REVIEW and ALLOCATION— COG Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones July 9, 2013 -34 - Item -V-M ADJOURNMENT ITEM #63005 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:05 P.M. AmYnda Finley -Barnes, CMC Chief Deputy City Clerk .`ice th Hodge raser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia July 9, 2013