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City Of Hampton, VA
22 Lincoln Street
Hampton, Va 23669
www.hampton.gov
City Council - Evening Session
Council Chambers, 8th Floor, City Hall
Wednesday, August 14, 2013
7:00 PM
W. H. "Billy" Hobbs, Jr., Will Moffett, Chris Snead, Christopher G. Stuart, Donnie R. Tuck, George E. Wallace, Molly Joseph Ward, Mayor
Mary Bunting, City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, CMC, Clerk of Council

 CALL TO ORDER/ROLL CALL
 INVOCATION - Councilwoman Chris Snead
 PLEDGE OF ALLEGIANCE TO FLAG -
 MAYOR'S COMMENTS
 CONSENT AGENDA
 Consent Items
1.13-0285Approval of the minutes from the afternoon sessions of May 8, 2013, and May 22, 2013, the special meeting of June 12, 2013, and the special, afternoon, public comment, and evening meetings of July 10, 2013.
2.13-0286Resolution Appropriating $82,000 in Anticipated Revenues from Thomas Nelson Community College to the Capital Projects Fund for a Pedestrian Hybrid Beacon Traffic Signal on Butler Farm Road near Thomas Nelson Community College
3.13-0287Resolution Appropriating $1,137,544 in Additional State and Federal Funds to the Capital Projects Fund to fund $420,000 for the Fox Hill Road at Clemwood Parkway Project , $317,140 for the Woodland Road at Andrews Boulevard Project, and $400,404 for the Pembroke Avenue at Grimes Road Project
4.13-0289Resolution approving and appropriating 2013 Fire Programs Aid to Localities Funds from the Commonwealth of Virginia--Department of Fire Programs.
5.13-0291Resolution Approving and Appropriating the Commonwealth of Virginia Department of Health, Office of Emergency Medical Services, Financial Assistance for Emergency Medical Services Grant Program, known as the Rescue Squad Assistance Fund (RSAF).
6.13-0292Resolution to accept and appropriate the 2012 Assistance to Firefighters Grant on behalf of the Federal Emergency Management Agency (FEMA) and the Department of Homeland Security (DHS).
7.13-0293Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2013-2014 Byrne Justice Assistance Grant Program through the Virginia Department of Criminal Justice Services.
8.13-0294Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2013-2014 Hampton Adult Drug Treatment Court Grant Program Funding Program through the Hampton-Newport News Community Services Board from the Supreme Court of Virginia.
9.13-0295Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2013-2014 Comprehensive Community Corrections Act and Pretrail Services Act Grant Funding Program through the Hampton-Newport News Criminal Justice Agency from the Virginia Department of Criminal Justice Services.
10.13-0296Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2013-2014 Victim Witness Program Grant from the Department of Criminal Justice Services.
11.13-0297Resolution authorizing an advance of $5,500,000 from the City’s General Fund Unassigned Fund Balance to fund: $3,0000,000 for the Langley Air Force Base Clear Zone Project; $2,000,000 for Parks and Recreation Maintenance Projects; and $500,000 for the Breakwater at Buckroe Beach Project to be returned to that fund from General Obligation Bond proceeds when issued.
12.13-0298Resolution Authorizing the balance of $193,369.42 from the Sprint Nextel E-911 Rebanding Reimbursement be appropriated from Assigned Fund Balance for the sole purpose of funding the E-911 Telephone Switch Upgrade Project to the Information Technology Department within the Capital Project Fund.
13.13-0308Resolution Concurring With And Approving The Hampton Redevelopment And Housing Authority Of The City of Hampton’s Issuance Of Multi-Family Housing Revenue Bonds, Series 2013, In An Amount Not To Exceed $10,500,000 For Waterford Pointe, L.P.
14.13-0311Resolution Approving FY13 Fourth Quarter Budget Adjustments
15.13-0312Resolution Authorizing the Grant of an Encroachment to 555 Settlers Landing Road, L.C. of Approximately 239.12 Square Feet Over a Portion of City-Owned Property Located at 555 Settlers Landing Road (LRSN 2002948)
 PRESENTATIONS, PROCLAMATIONS, AWARDS
 PUBLIC HEARINGS
 Rezonings
16.13-0304Rezoning Application No. 1311-2013 by Archie F & Linda D Allen to amend the proffers attached to the zoning of a portion of 424 E. Queen Street [LRSN12001058, totaling 0.2± acres.
17.13-0307Use Permit Application No. 1088-2013 by Archie F & Linda D Allen to amend the proffers attached to the zoning of a portion of 424 E. Queen Street [LRSN12001058, totaling 0.2± acres.
18.13-0302Conditional Privilege Application No. 138-2013 by Archie F & Linda D Allen to operate a bed and breakfast at 424 E. Queen Street [LRSN12001058], totaling 0.2± acres.
19.13-0303Rezoning Application No. 1310-2013 by TR Development LLC to rezone a parcel at 978 Big Bethel Road [LRSN 4001445], totaling 2.78± acres from Neighborhood Commercial District (C-1) to a Limited Commercial District (C-2) with conditions, to construct and operate a Funeral Home and Crematorium. C-2 permits a Funeral Home with an approved Conditional Privilege.
20.13-0300Conditional Privilege Application No. 135-2013 by TR Development LLC to operate a funeral home and crematorium on a parcel at 978 Big Bethel Road [LRSN 4001445], totaling 2.78± acres. The parcel is zoned Neighborhood Commercial District (C-1) which requires a rezoning to Limited Commercial District (C-2), and an approved Conditional Privilege to operate a funeral home and crematorium.
 Use Permit
21.13-0305Use Permit Application No. 1086-2013: Proposal by Manx Developers to operate a shelter for the purpose of accommodating the Salvation Army Transitional Housing Program for United States Veterans and the Emergency Family Housing Program at 3361 Commander Shepard Boulevard [LRSN 6000970].
22.13-0306Use Permit Application No. 1087-2013: Proposal by Skin Deep, Inc. to operate a tattoo parlor at 1531 E. Pembroke [LRSN 12003420].
 Conditional Privilege
23.13-0301Conditional Privilege Application No. 136-2013: Proposal by An Event to Remember, LLC, to provide live entertainment within an existing restaurant at 2000 West Mercury Boulevard (LRSN 4002375).
 Ordinances
24.13-0313Ordinance to Amend and Re-enact Chapter 1 of the Zoning Ordinance of the City of Hampton, Virginia Entitled “Zones and General Provisions” by Amending Section 1-13 Pertaining to Fence and Wall Regulations.
25.13-0341Ordinance to Repeal Chapter 20.1 of the Zoning Ordinance of the City of Hampton, Virginia, entitled “Conditional Privileges,” in its entirety.
 Zoning Ordinances - Text Amendments
26.13-0314Ordinance to Amend and Re-enact Chapter 1 of the Zoning Ordinance of the City of Hampton, Virginia Entitled “Zones and General Provisions” by Adding Section 1-27 Pertaining to Standards and Requirements for Manufactured Home Parks and Subdivisions Formerly Found in Chapter 20.
27.13-0315Ordinance to Amend and Re-enact Chapter 3 entitled “R-R District - Residential Rural” of the Zoning Ordinance of the City of Hampton, by Amending sections 3-1 (1), (11), (13) - (15), (18) - (20), (22) - (26), and (31)-(39) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
28.13-0316Ordinance to Amend and Re-enact Chapter 3.1 entitled “R-33 District - One Family Residence District” of the Zoning Ordinance of the City of Hampton, by Amending sections 3.1-2 (3),(7)-(10),(14), and (18)-(26), and Adding sections 3.1-2 (27) and (28) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
29.13-0317Ordinance to Amend and Re-enact Chapter 3.2 entitled “R-22 District - One Family Residence District” of the Zoning Ordinance of the City of Hampton, by Amending sections 3.2-2 (3), (7)-(10),(14), and (18)-(26), and Adding sections 3.2-2 (27) and (28) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
30.13-0318Ordinance to Amend and Re-enact Chapter 3.3 entitled “R-43 District - One Family Residence District” of the Zoning Ordinance of the City of Hampton, by Amending sections 3.3-2 (3),(7)- (9),(13), and (17)- (23), and Adding sections 3.3-2 (24)-(28) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
31.13-0319Ordinance to Amend and Re-enact Chapter 3.4 entitled “R-LL District - One Family Residence District” of the Zoning Ordinance of the City of Hampton, by Amending sections 3.4-2 (3), (7)-(9), (13), and (17)-(23), and Adding sections 3.4-2 (24)-(28) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
32.13-0320Ordinance to Amend and Re-enact Chapter 4 entitled “R-15 District - One Family Residence District” of the Zoning Ordinance of the City of Hampton, by Amending sections 4-1 (3), (6), (8)-(12), (14), (15), (18), (22) and (28)-(33) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
33.13-0321Ordinance to Amend and Re-enact Chapter 5 entitled “R-13 District - One Family Residence District” of the Zoning Ordinance of the City of Hampton, by Amending sections 5-1 (2), (6), (9), (11), (12), (14), (15), (17)- (21), and (24)-(29) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
34.13-0322Ordinance to Amend and Re-enact Chapter 9 entitled “R-M District - Multiple Residence District” of the Zoning Ordinance of the City of Hampton, by Amending sections 9-1 (9), (11), (14), (20) - (22), (24) - (26), and (28) - (30) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
35.13-0323Ordinance to Amend and Re-enact Chapter 10, article I entitled “MD-T District – Multiple Dwelling Townhouse District” of the Zoning Ordinance of the City of Hampton, by Amending sections 10-2 (3), (4), (9), (13), (14), (16)- (19), (21), (23), and (24), and Adding sections 10-2 (25)-(28) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
36.13-0324Ordinance to Amend and Re-enact Chapter 10, article II entitled “MD-2 District – Multiple Dwelling District” and article IV entitled “MD-4 District- Multiple Dwelling District” of the Zoning Ordinance of the City of Hampton, by Amending section 10-13 (3) and Amending sections 10-35 (4), (5), (7), (10), (12), (13) and Adding sections 10-35 (15) - (20) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
37.13-0325Ordinance to Amend and Re-enact Chapter 10.1 entitled “R-T District - Residential Transition District” of the Zoning Ordinance of the City of Hampton, by Amending sections 10.1-2 (1), (2), (4), (6)-(9), (12), (13), (15)-(17), and Adding sections 10.1-2 (18) - (21) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
38.13-0326Ordinance to Amend and Re-enact Chapter 11 entitled “C-1 District – Neighborhood Commercial District” of the Zoning Ordinance of the City of Hampton, by Amending sections 11-1 (34), (43.1), (43.2), (49), (53), (54), (57), (59), (63), (67), and (72) - (74) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
39.13-0327Ordinance to Amend and Re-enact Chapter 12 entitled “C-2 District – Limited Commercial District” of the Zoning Ordinance of the City of Hampton, by Amending sections 12-1 (8), (9), (11), (13.1), (13.2), (24) - (29), and (31) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
40.13-0328Ordinance to Amend and Re-enact Chapter 13 entitled “C-3 District – General Commercial District” of the Zoning Ordinance of the City of Hampton, by Amending sections 13-1 (5), (20)- (22), (24) - (26), (29.1) and (29.2(a)) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
41.13-0329Ordinance to Amend and Re-enact Chapter 14 entitled “M-1 – Limited Manufacturing District” of the Zoning Ordinance of the City of Hampton, by Amending sections 14- 2 (17) - (19), and Adding sections 14 - 2 (21) - (27) pertaining to changing the term “conditional privilege” to “use permit” and adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
42.13-0330Ordinance to Amend and Re-enact Chapter 15 entitled “M-2 District – Light Manufacturing District” of the Zoning Ordinance of the City of Hampton, by Amending sections 15-1 (1) and (28)- (31) pertaining to changing the terms “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
43.13-0331Ordinance to Amend and Re-enact Chapter 16 entitled “M-3 District – Heavy Manufacturing District” of the Zoning Ordinance of the City of Hampton, by Amending sections 16-1 (26), (27) and (29) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
44.13-0332Ordinance to Amend and Re-enact Chapter 17.1 entitled “M-4 District – Langley Flight Approach- Land Intensive Manufacturing District” of the Zoning Ordinance of the City of Hampton, by Amending sections 17.1-3 (1)(d), (e) and (r) and sections 17.1-3(2)(e) and (m),and Adding sections 17.1-3(1)(ff) and 17.1-3(2)(hh) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
45.13-0333Ordinance to Amend and Re-Enact Chapter 17.2 entitled “M-5 District – Langley Flight Approach- Mixed Use District” of the Zoning Ordinance of the City of Hampton, by Amending section 17.2-3 (3) (d) and Adding sections 17.2-3 (4) (q) and (r) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
46.13-0334Ordinance to Amend and Re-enact chapter 17.3, article IV, Special Public Interest District entitled “PL- Public Land District” of the Zoning Ordinance of the City of Hampton, by Adding sections 17.3-27 (3)- (10) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
47.13-0335Ordinance to Amend and Re-enact Chapter 17.3, article VI, Special Public Interest District entitled “SPI-HRC- Hampton Roads Center District” of the Zoning Ordinance of the City of Hampton by Amending sections 17.3-40 (9) and 17.3-41 (2) and (4), and Adding section 17.3-40 (13) - (19) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
48.13-0336Ordinance to Amend and Re-enact Chapter 17.3, article XIII, Special Public Interest District entitled “SPI-HRCNC- Hampton Roads Center North Campus” of the Zoning Ordinance of the City of Hampton, by Amending section 17.3-94 (1)(k), and (s), section 17.3-94 (2) (a) and Adding sections 17.3-94 (1)(cc) – (ii) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
49.13-0337Ordinance to Amend and Re-enact Chapter 17.3, article XIV, Special Public Interest District entitled “SPI-HRCW- Hampton Roads Center West” of the Zoning Ordinance of the City of Hampton, by Amending section 17.3-103 (15) – (17), and Adding sections 17.3-103(18) – (24) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
50.13-0338Ordinance to Amend and Re-enact Chapter 17.3, article XI –Special Public Interest District entitled “SPI-OH– Old Hampton District” of the Zoning Ordinance of the City of Hampton, by Amending sections 17.3-70 (1) (e), (g), (h), and (l) and section 17.3-70 (2) pertaining to changing the term “conditional privilege” to “use permit”.
51.13-0339Ordinance to Amend and Re-enact Chapter 17.3, article XVII, Special Public Interest District entitled “SPI-BBD- Buckroe Bayfront District” of the Zoning Ordinance of the City of Hampton, by Amending section 17.3-135 pertaining to changing the term “conditional privilege” to “use permit” or “zoning administrator permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
52.13-0340Ordinance to Amend and Reenact Chapter 20 of the Zoning Ordinance of the City of Hampton, Virginia, by Amending Article I Entitled “In General,” Pertaining to the Procedure for Applying for and Reviewing Use Permits and Repealing Articles II and III Entitled “Uses in All or Specified Districts” and “Use Permits for Manufactured Mobile Home Parks or Subdivisions,” Respectively, in Their Entirety.
 General Items
 Ordinances
53.13-0309Ordinance To Amend And Reenact Section 24-2 Of The Code Of The City Of Hampton Entitled "Curfew For Minors"
54.13-0310Ordinance To Amend And Reenact Chapter 16.1 Of The Code Of The City Of Hampton Entitled "Hotels And Similar Establishments"
55.13-0346Ordinance To Amend And Reenact Chapter 5 Of The Code Of City Of Hampton, Entitled "Animals", Article II "Agricultural Animals" By Amending And Reenacting Section 5-24, Adding thereto A New Section 5-24.1 "Location And Maintenance Of Domestic Chickens Generally" And Repealing Section 5-25.
 Appointments
56.13-0242to consider appointments to the Citizens' Engagement Advisory Commission (CEAC) formerly known as the Ad Hoc Leadership Group
57.13-0253to consider an appointment to the Economic Development Authority
58.13-0282to consider appointments to the Hampton Clean City Commission
59.13-0288to consider an appointment to the Hampton Parking Authority.
60.13-0342to consider an appointment to the Finance Committee
 REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
 Miscellaneous New Business
 Adjournment