JULY 17, 2007 AGENDACITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At -Large
VICE MAYOR LOUIS R JONES, Bayside - District 4
WILLIAM R DeSTEPH, At -Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. DYER., Centerville - District l
BARBARA M. HENLEY, Princess Anne — District 7
REBA S. McCLANAN, Rose Hall - District 3
JOHN E UHRIN, Beach — District 6
RON A. VILLANUEVA, At -Large
ROSEMARY WILSON, At -Large
JAMES L. WOOD, Lynnhaven -District 5
CITY MANAGER -JAMES K. SPORE
CITY ATTORNEY- LESLIE L. LILLEY
CITY CLERK - RUTH HODGES FRASER, MMC
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
17 JULY 2007
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 234568005
PHONE. -(757) 385-4303
FAX (75 7) 385-5669
E-MAIL: Ctycncl@vbgov.com
I. STRATEGIC GROWTH AREAS TOUR - Economic Development Conference Room- 12:00 PM
AREAS 3 and 4 — Newtown Road and Pembroke -Tour- 1:00 PM
II. CITY MANAGER'S BRIEFING -Economic Development Conference Room -
A. "SHAPING OUR COMMUNITY"
A Blueprint for Implementing the City's Comprehensive Plan
III. CITY COUNCIL COMMENTS - Conference Room — City Hall
IV. REVIEW OF AGENDA
2:00 PM
3:30 PM
V. INFORMAL SESSION 4:00 PM
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. INVOCATION: Captain Al Hill, USN
Chaplain, Naval Personnel Development Command
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
G. AGENDA FOR FORMAL SESSION
H. PRESENTATION
1. ENVIRONMENTAL ACHIEVEMENT AWARD — "Lynnhaven River Now'
William C. Baker, President, Chesapeake Bay Foundation
I. CONSENT AGENDA
J. RESOLUTIONS/ORDINANCES
July 10, 2007
1. Resolution to ENDORSE participation with the Hampton Roads Transportation District
Commission (HRTDC) re upgrade and replacement of the VB Wave Trolleys
2. Resolution to REQUEST the Community Medical Advisory Commission prepare, by August
21, 2007, recommendations on Certificates of Public Need submitted by Bon Secours and
Sentara for proposed hospital facilities within the City of Virginia Beach
3. Resolutions to REQUEST the Virginia Beach Development Authority (VBDA) explore
potential development:
a. The Dome Site
b. A Convention Center Hotel
4. Ordinance to AMEND Chapter 34 of the City Code re requirement for lifeguards at "public"
swimming pools to provide a variance for condominium pools and DEFINE pools by
"Type"
5. Ordinance to AUTHORIZE modifications to the Town Center Phase III project documents
and acquisition of Block II property (Beacon Building)
6. Ordinance to AUTHORIZE execution of a one-year lease with Tidewater Regional Group
Home Commission (TRGHC) of City -owned land at 2293 Lynnhaven Parkway
DISTRICT 1 - CENTERVILLE
7. Ordinances to TRANSFER, ACCEPT and APPROPRIATE:
a. $4,000,000 between various capital projects to AMEND the adopted School's FY 2007-
08 Biennial Resource Management Plan from which they were inadvertently omitted
b. $450,000 from the United States Department of Homeland Security, under the 2007 Port
Security Grant Program to the Police Department re purchase of two patrol boats and a
trailer
c. $45,000 from the United States Department of Homeland Security to continue the
Citizen Corps Council (CCC) and the Community Emergency Response Team
(CERT) for year five
d. $233,000 re renovation of old holding cells and installation of a fire suppression system
in the Public Safety Building
e. $137,000 from the Oyster Heritage Trust Fund re construction of oyster reefs and
continue the Oyster Shell Recycling program in the Lynnhaven Watershed
f. $38,521 from the Virginia Aquarium and Marine Science Center Foundation re
funding of a full-time Exhibits Technician I to act as a Records Registrar for the live
animals and non -living objects at no cost to the City
I. STRATEGIC GROWTH AREAS TOUR - Economic Development Conference Room- 12:00 PM
AREAS 3 and 4 — Newtown Road and Pembroke -Tour- 1:00 PM
II. CITY MANAGER'S BRIEFING -Economic Development Conference Room- 2:00 PM
A. "SHAPING OUR COMMUNITY"
A Blueprint for Implementing the City's Comprehensive Plan
III. CITY COUNCIL COMMENTS - Conference Room — City Hall 3:30 PM
IV. REVIEW OF AGENDA
V. INFORMAL SESSION
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
4:00 PM
VI. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. INVOCATION: Captain Al Hill, USN
Chaplain, Naval Personnel Development Command
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
G. AGENDA FOR FORMAL SESSION
July 10, 2007 11
i4roalitttott
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here 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.
H. PRESENTATION
1. ENVIRONMENTAL ACHIEVEMENT AWARD — "Lynnhaven River Nov,?'
William C. Baker, President, Chesapeake Bay Foundation
Message
Ruth H. Fraser
From: Christy Everett [CEverett@savethebay.cbf.org]
Sent: Thursday, July 05, 2007 11:40 AM
To: Ruth H. Fraser
Subject: Info for Award Presentation for Tuesday, 7/17/07
Ruth,
How does this look? Any feedback is appreciated...
FYI - I am on vacation from Monday though Wednesday (7/9-7/11) of next week.
Info for Award Presentation for Tuesday, 7/17/07 - approximately at 6:00pm:
Page 1 of 1
Award: Chesapeake Bay Foundation's William H. Savedge III Environmental Achievement Award
Presented by: Chesapeake Bay Foundation's (CBF) President - William C. Baker
Accepted by: Lynnhaven River Now's Executive Director - Laurie Carroll Sorabella
How long: 3-5 minutes
Description of presentation: Mr. Baker will greet the City Council, thank them for having him. Mr. Baker will
briefly describe the Award and why Lynnhaven River Now was selected as the award recipient. Mr. Baker will ask
Ms. Sorabella to come up to the podium to accept the Award (photo taken by CBF staff of Mr. Baker and Ms.
Sorabella w/City Council seated in the background). Ms. Sorabella will then return to her seat. Mr. Baker will
thank the City Council for all of their support of Lynnhaven River Now, briefly mention City efforts to protect and
restore the Lynnhaven, thank City Council for allowing us to be there, and mention how CBF looks forward to
continuing to work with the City and Lynnhaven River Now to continue to protect water quality in Virginia Beach in
the future.
Thanks!
Christy Everett
Virginia Assistant Director for Hampton Roads
Chesapeake Bay Foundation Hampton Roads Office
142 W. York St., Ste. 318
Norfolk, VA 23510
(757) 622 1964 (o)
(757) 679 3566 (c)
(757) 622 7861 (f)
ceverett _cbf.org
Check out: www.cbf.org/hamptonroads
7/5/2007
I. CONSENT AGENDA
RESOLUTIONS/ORDINANCES
1. Resolutionto ENDORSE participation with the Hampton Roads Transportation District Commission
(HRTDC) re upgrade and replacement of theVB Wave Trolleys
2. Resolution to REQUEST the Community Medical Advisory Commission prepare, by August 21, 2007,
recommendations on Certificates of Public Need submitted by Bon Secours and Sentara for proposed
hospital facilitieswithin the City of Virginia Beach
3. Resolutions to REQUEST the Virginia Beach Development Authority (VBDA) explore potential
development:
a. The Dome Site
b. A Convention Center Hotel
4. Ordinance to AMEND Chapter 34 of the City Code rerequirement for lifeguards at "public"
swimming pools to provide a variance forcondominium pools and DEFINE pools by "Type"
5. Ordinance to AUTHORIZE modifications to the Town Center Phase III project documents and
acquisition of Block II property(Beacon Building)
6. Ordinance to AUTHORIZE execution of a one-year lease with Tidewater Regional Group Home
Commission (TRGHC) of City -owned land at 2293 Lynnhaven Parkway
DISTRICT 1 - CENTERVILLE
7. Ordinances to TRANSFER, ACCEPT and APPROPRIATE:
a. $4,000,000 between various capital projects to AMEND the adopted School's FY 2007-08
Biennial Resource Management Plan from whichthey were inadvertently omitted
b. $450,000 from the United States Department of Homeland Security, under the 2107 Port Security
Grant Program to the Police Department re purchase oftwo patrol boats and a trailer
c. $45,000 from the United States Department of Homeland Security to continue tle Citizen Corps
Council (CCC) and the Community Emergency Response Team (CERT) for year five
d. $233,000 re renovation of old holding cells and installation of a fire supprssion system in the
Public Safety Building
e. $137,000 from the Oyster Heritage Trust Fund re construction ofoyster reefs and continue the
Oyster Shell Recycling program in the Lynnhaven Watershed
f. $38,521 from the Virginia Aquarium and Marine Science Center Foundationre funding of a
full-time Exhibits Technician I to act as aRecords Registrarfor the live animals and nonliving
objects at no cost to the City
c.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Endorsing Participation with the Transportation District of Hampton
Roads to Replace and Upgrade the VB Wave Trolleys
MEETING DATE: July 17, 2007
■ Background: The City, in partnership with the Hampton Roads Transportation District
Commission (HRTDC), has operated an Oceanfront trolley service, now known as the
VB Wave, since the 1980's. In 2006, the trolleys carried 539,929 passengers. The 32
vehicles in the fleet average 340,000 miles of service per vehicle, considerably in excess
of their life expectancy of 200,000 miles. Repair costs associated with an older fleet are
increasing and vehicle reliability is decreasing.
■ Considerations: The City and HRTDC have been seeking ways to provide
replacement vehicles for the Oceanfront trolleys. The staff of HRTDC have proposed
that the replacement vehicles, which would consist of 30 -foot transit duty diesel hybrid -
electric shuttles, be operated as part of HRT's new "universal shuttle" service. Under the
Cost Allocation Agreement between the City and HRTDC, the capital cost for vehicles
that are unique to one city (such as the current VB Wave trolleys) are the financial
responsibility of that city, while the capital costs for the Universal Shuttle system would
be the responsibility of the HRTDC.
■ Public Information: The matter was the subject of a City Council briefing provided by
HRT on July 10. Further public information will be handled through the normal City
Council agenda process. Additionally, HRT and the City have worked with Oceanfront
stakeholders and the Resort Advisory Commission to develop support for this proposal.
■ Recommendation: It is recommended that Council adopt the Resolution endorsing
participation with HRT in replacing and upgrading the VB Wave.
■ Attachment: Resolution, Letter of support from the Resort Advisory Commission, and
Transportation Services Plan.
Recommended Action: Adoption of Resolution
Submitting Department/Agency: Department of Planning
City Manager: JL �'�-
1 A RESOLUTION ENDORSING THE CITY'S
2 PARTICIPATION WITH THE TRANSPORATION
3 DISTRICT COMMISSION OF HAMPTON ROADS TO
4 REPLACE AND UPGRADE THE VB WAVE
5 TROLLEYS
6
7
8 WHEREAS, the City of Virginia Beach has provided an Oceanfront mass transit
9 system, known as the "VB Wave," in conjunction with the Transportation District
10 Commission of Hampton Roads ("HRTDC") and its predecessors since the 1980's; and
11
12 WHEREAS, the average age of a VB Wave fleet vehicle is 12.5 years, with vehicles
13 ranging in age from eight (8) to twenty-three (23) years and with an average of 340,000
14 life -to -date miles per vehicle, with only one vehicle having less than 300,000 miles; and
15
16 WHEREAS, these vehicles were rated as medium -duty vehicles having an expected
17 life span of 7 years and 200,000 miles; and
18
19 WHEREAS, having provided over ten (10) million miles of service to Virginia Beach,
20 the VB Wave fleet is in dire need of replacement and upgrading vehicles in order to
21 successfully continue its mission; and
22
23 WHEREAS, HRTDC has proposed a strategy to replace the vehicles in the VB
24 Wave fleet; and
25
26 WHEREAS, such replacement strategy would place the new VB Wave fleet under
27 the same capital replacement program as HRTDC's transit duty bus fleet; and
28
29 WHEREAS, replacement vehicles would be thirty-foot transit duty diesel hybrid -
30 electric shuttles with a longer rated life span; and
31
32 WHEREAS, HRTDC would operate these as part of its new "universal shuttle"
33 service, thereby providing efficiencies in ongoing operating costs to Virginia Beach and all
34 other participating communities in Hampton Roads; and
35
36 WHEREAS, HRTDC and city staff have worked with stakeholder groups at the
37 Oceanfront to develop a consensus and support for this program to replace the aging VB
38 Wave trolley fleet; and
39
40 WHEREAS, at its meeting held June 7, 2007, the Resort Advisory Commission
41 (RAC) voted unanimously to support the effort, with the condition that the RAC have input
42 on the thematic design of the inside and outside of the vehicles; and
43
44 WHEREAS, City Council desires that the annual Transportation Service Plan
45 between the City and HRTDC include provisions for the implementation of the aforesaid
46 universal shuttle service using the replacement vehicles;
47
48 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
49 VIRGINIA BEACH, VIRGINIA:
50
51 That Virginia Beach is committed to replacing and upgrading the aging VB Wave
52 trolley fleet through the Transportation District Commission of Hampton Roads' universal
53 shuttle program.
54
55 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
56 BEACH, VIRGINIA:
57
58 That the City Manager is directed to execute the annual Transportation Service Plan
59 so as to implement the universal shuttle program and begin the replacement of the current
60 VB Wave trolley vehicles.
61
62 Adopted the by the Council of the City of Virginia Beach, Virginia, day of
63 , 2007.
64
APPROVED AS TO CONTENT:
Department
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July 6, 2007
anning
2
APPROVED AS TO LEGAL
SUFFICIENCY:
Ci y A rney's Office
VIRGINIA
BEACH
June 18, 2007
The Honorable Meyera E. Oberndorf
and Members of City Council
Municipal Center — Building 1
2401 Courthouse Drive
Virginia Beach, Virginia 23456
Dear Mayor Oberndorf and Council Members:
Resort Advisory Commission
2101 Parks Avenue, Suite 502
Virginia Beach, Virginia 23451
(757) 385-4800
FAX (757) 422-3666
At its meeting held June 7, 2007, the Resort Advisory Commission (RAC) discussed the
possibility of Virginia Beach joining HRT's proposed universal shuttle program. The
RAC voted unanimously to support the effort, with the condition that the RAC have input
on the theming of the inside and outside of the vehicles. We hope City Council will
endorse this proposal.
If you have any questions or need any additional information, please don't hesitate to
contact me at 437-7873.
Cordially,
-74
Kenneth C. Taylor
Chairman
Resort Advisory Commission
cc: James K. Spore, Virginia Beach City Manager
Charlie Meyer, Virginia Beach Chief Operating Officer
David Hansen, Virginia Beach Chief of Finance and Technology
James B. Ricketts, Convention and Visitors Bureau Director
Mike Eason, Resort Administrator
RAC Commissioners
Hampton Roads Transit
VIRGINIA BEACH — Transportation Services Program FY 2008
Existing/Proposed Route Descriptions
EXISTING SERVICES
• #1 Granby
Route 1 provides service between downtown Norfolk and
Pembroke Mall daily with 15minute frequency during peak periods,
and 30, and 60 minute frequencies during the remainder of the day.
(4:43am — 2:15am).
• #12 Indian River
Route 12 provides daily service between South Norfolk and the
Tidewater Community College Virginia Beach Campus (5:48am —
6:45pm).
#15 Crosstown
Route 15 provides daily service between the Navy Exchange Mall
at Naval Station Norfolk and Robert Hall Boulevard (4:45am —
2:03am). Services frequencies vary between 15 minutes during
peak periods, to 30 minutes midday, to 60 minutes evenings and
weekends.
• #19 Silverleaf Express
Route 19 provides express service from the Silverleaf Park and
Ride to Naval Station Norfolk during peak hours Monday through
Friday.
#20 Virainia Beach Boulevard
Route 20 provides service between downtown Norfolk and the
Virginia Beach Oceanfront daily (4:38am — 1:20am). Service
frequency is 15 minutes during peak periods between downtown
Norfolk and Pembroke Mall, with 30 minute frequencies east of
Pembroke Mall.
• #22 Indian River Express
Route 22 provides express service between the Greenbrier Mall
and Indian River Park and Ride lots and Naval Station Norfolk
during peak periods.
• #24 Laskin Road Express
Route 24 provides express service between Fort Story and
downtown Norfolk daily (6:55am — 5:30pm).
• #25 Newtown Road
Route 25 is a circulator between Military Circle Mall and Tidewater
Community College, Virginia Beach Campus. Service frequency is
30 minutes Monday through Friday.
• #33 General Booth Boulevard
Route 33 provides service between Atlantic Avenue and the
Virginia Beach Municipal Center. Service frequency is 60 minutes,
Monday through Saturday (6:30am — 7:30pm).
• #34 Oceana Tour
Route 34 is a seasonal tour of Naval Air Station Oceana (June —
September).
• #36 Holland Road
Route 36 provides service between Pembroke Mall and the Virginia
Beach Municipal Center. Service frequency is 60 minutes Monday
through Saturday (5:48am — 7:15pm).
• #37 Oceana
Route 37 provides service between Naval Air Station Oceana and
Lynnhaven Mall.. Service frequency is 60 minutes Fridays,
Saturdays, and Sundays (10:00am — 12:15am).
VIRGINIA BEACH TROLLEY
• #26 Bowcreek
Route 26 provides service between Tidewater Community College
and Oceana West Industrial Park Monday through Saturday
(6:16am — 7:11 pm). Service frequency is 60 minutes.
#27 Northampton
Route 27 provides service between Pleasure House Road/Shore
Drive and Military Circle Monday through Saturday (6:15am —
6:41pm). Service frequency is 60 minutes.
• #29 Lynnhaven
Route 29 provides service between Pleasure House Road/Shore
Drive and Tidewater Community College Monday through Saturday
(6:15am — 7:15pm). Service frequency is 60 minutes.
• #30 Atlantic Avenue
Route 30 provides service along the length of Atlantic Avenue daily
from May through October.
#31 Museum Express
Route 31 provides service on the southern end of Atlantic Avenue,
5th Street, General Booth Boulevard and Prosperity Road. Service
runs Memorial Day through Labor Day.
• #32 Lynnhaven Mall/Shoppers Express
Route 32 operates on Atlantic Avenue, 31S Street and Laskin Road
to the Shops at Hilltop and Lynnhaven Mall. The service is daily
from Memorial Day through Labor Day.
• #33 General Booth/Holland Road
Route 33 provides service between Atlantic Avenue/68th Street and
the Virginia Beach Municipal Center Monday through Saturday
(6:30am — 7:30pm). Service frequency is 60 minutes.
Paratransit Service
In compliance with Federal Transit Administration (FTA)
regulations, Hampton Roads Transit is required to provide complementary
paratransit service with .75 of 1 mile on either side of a fixed transit route.
Service expansions and other route modifications to fixed route service
may impact paratransit service boundaries and associated operating
costs.
FY 2008 PROPOSED SERVICES
• The City of Virginia Beach requested to remain at FY2007 service levels.
may'
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Requesting the Community Medical Advisory Commission to
Prepare Recommendations to the City Council Regarding Hospital
Proposals
MEETING DATE: July 17, 2007
■ Background: On August 24, 2004, City Council established the Community
Medical Advisory Commission to serve as an advisory body to the City Council. Its
mission includes advising City Council regarding the provision of medical services in the
City and advising City Council regarding matters affecting the provision of medical
services in the City that arise from Certificates of Public Need.
■ Considerations: Bon Secours and Sentara have announced that they will each
seek state approval for major hospital reorganizations that, if approved, would impact
the citizens of Virginia Beach. They have submitted applications for a Certificate of
Public Need to the State Health Commissioner. State law affords localities an
opportunity to provide comments to the State Health Commissioner regarding the
applications for Certificates of Public Need, and City Council would benefit from the
recommendations of the Commission in determining whether to support one or both of
the applications. The resolution requests the Commission to make recommendations to
City Council, based on the Certificate of Public Need criteria set forth in state law, by
August 21, 2007.
■ Public Information: This item will be publicized in the same manner as all other
agenda items.
■ Attachments: Resolution, Code of Virginia § 32.1-102.3
Recommended Action: Approval
Submitting By: Chief Operating Officer
City Manager: ,�
1 A RESOLUTION REQUESTING THE COMMUNITY
2 MEDICAL ADVISORY COMMISSION TO PREPARE
3 RECOMMENDATIONS TO CITY COUNCIL
4 REGARDING HOSPITAL PROPOSALS
5
6
7 WHEREAS, on August 24, 2004, City Council established the Community
8 Medical Advisory Commission;
9
10 WHEREAS, the Commission's mission is to serve as an advisory body to the City
11 Council as follows: (1) to advise City Council regarding the provision of medical services
12 in the City including hospitals, trauma centers, medical campuses, health care
13 institutions, physicians and medical care providers, - ambulance services, and
14 emergency medical services; (2) to advise City Council regarding matters affecting the
15 provision of medical services in the City that arise from certificates of public need, the
16 Medicare and Medicaid programs, and health insurance matters; and (3) to provide
17 advice to the City Council on such other matters related to the delivery of medical
18 services as may be assigned by the City Council; and
19
20 WHEREAS, Bon Secours and Sentara have announced that they will each seek
21 state approval for major hospital reorganizations that, if approved, would impact the
22 citizens of Virginia Beach; and
23
24 WHEREAS, Bon Secours and Sentara have each submitted applications for a
25 Certificate of Public Need to the State Health Commissioner; and
26
27 WHEREAS, Virginia Code § 32.1-102.3 sets forth the criteria the State Health
28 Commissioner must consider in determining whether a public need for a project has
29 been demonstrated; and
30
31 WHEREAS, the Virginia Medical Care Facilities Certificate of Public Need Law
32 affords affected localities an opportunity to provide comments to the State Health
33 Commissioner regarding the applications for Certificates of Public Need; and
34
35 WHEREAS, the City Council would benefit from the recommendations of the
36 Commission in determining whether to support one or both of the applications.
37
38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
39 VIRGINIA BEACH, VIRGINIA:
40
41 1. That the City Council hereby directs the Commission to review the
42 applications of Bon Secours and Sentara and make recommendations to City Council
43 as to whether the City Council should support either or both of the applications.
44
45
46
47
48
49
50
51
52
2. That in making recommendations to City Council, the Commission shall
consider the Certificate of Public Need criteria set forth in Virginia Code § 32.1-102.3, a
copy of which is attached to this resolution.
3. That the Commission shall make its recommendations to City Council no
later than August 21, 2007.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2007.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
ief Operating Off" e
CA -10457
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July 6, 2007
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City Attorney's Office
Certificate required; criteria for determining need.
§32.1-102.3 of the Code of Virginia
A. No person shall commence any project without first obtaining a certificate issued by the
Commissioner. No certificate may be issued unless the Commissioner has determined that a
public need for the project has been demonstrated. If it is determined that a public need exists for
only a portion of a project, a certificate may be issued for that portion and any appeal may be
limited to the part of the decision with which the appellant disagrees without affecting the
remainder of the decision. Any decision to issue or approve the issuance of a certificate shall be
consistent with the most recent applicable provisions of the State Medical Facilities Plan.
however, if the Commissioner finds, upon presentation of appropriate evidence, that the
provisions of such plan are not relevant to a rural locality's needs, inaccurate, outdated,
inadequate or otherwise inapplicable, the Commissioner, consistent with such finding, may issue
or approve the issuance of a certificate and shall initiate procedures to make appropriate
amendments to such plan.
B. In determining whether a public need for a project has been demonstrated, the
Commissioner shall consider:
1. The recommendation and the reasons therefor of the appropriate health planning agency.
2. The relationship of the project to the applicable health plans of the Board and the health
planning agency.
3. The relationship of the project to the long-range development plan, if any, of the person
applying for a certificate.
4. The need that the population served or to be served by the project has for the project,
including, but not limited to, the needs of rural populations in areas having distinct and unique
geographic, socioeconomic, cultural, transportation, and other barriers to access to care.
5. The extent to which the project will be accessible to all residents of the area proposed to be
served and the effects on accessibility of any proposed relocation of an existing service or
facility.
6. The area, population, topography, highway facilities and availability of the services to be
provided by the project in the particular part of the health service area in which the project is
proposed, in particular, the distinct and unique geographic, socioeconomic, cultural,
transportation, and other barriers to access to care.
7. Less costly or more effective alternate methods of reasonably meeting identified health
service needs.
8. The immediate and long-term financial feasibility of the project.
9. The relationship of the project to the existing health care system of the area in which the
project is proposed; however, for projects proposed in rural areas, the relationship of the project
to the existing health care services in the specific rural locality shall be considered.
10. The availability of resources for the project.
11. The organizational relationship of the project to necessary ancillary and support services.
12. The relationship of the project to the clinical needs of health professional training
programs in the area in which the project is proposed.
13. The special needs and circumstances of an applicant for a certificate, such as a medical
school, hospital, multidisciplinary clinic, specialty center or regional health service provider, if a
substantial portion of the applicant's services or resources or both is provided to individuals not
residing in the health service area in which the project is to be located.
14. The special needs and circumstances of health maintenance organizations. When
considering, the special needs and circumstances of health maintenance organizations, the
Commissioner may grant a certificate for a project if the Commissioner finds that the project is
needed by the enrolled or reasonably anticipated new members of the health maintenance
organization or the beds or services to be provided are not available from providers which are not
health maintenance organizations or from other health maintenance organizations in a reasonable
and cost-effective manner.
15. The special needs and circumstances for biomedical and behavioral research projects
which are designed to meet a national need and for which local conditions offer special
advantages.
16. In the case of a construction project, the costs and benefits of the proposed construction.
17. The probable impact of the project on the costs of and charges for providing health
services by the applicant for a certificate and on the costs and charges to the public for providing
health services by other persons in the area.
18. Improvements or innovations in the financing and delivery of health services which foster
competition and serve to promote quality assurance and cost effectiveness.
19. In the case of health services or facilities proposed to be provided, the efficiency and
appropriateness of the use of existing services and facilities in the area similar to those proposed,
including, in the case of rural localities, any distinct and unique geographic, socioeconomic,
cultural, transportation, and other barriers to access to care.
20. The need and the availability in the health service area for osteopathic and allopathic
services and facilities and the impact on existing and proposed institutional training programs for
doctors of osteopathy and medicine at the student, internship, and residency training levels. (1982,
c. 388; 1984, c. 740; 1993, c. 704; 1999, c. 926; 2000, c. 931; 2004, cc. 71, 95.)
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Requesting the Virginia Beach Development Authority to Explore
the Potential Development of the "Dome Site" for the Purposes of Enhancing the Resort
Industry and Improving the Economic Vitality of the City
MEETING DATE: July 17, 2007
■ Background: Since the demolition of the City's former conference and
entertainment facility, the City has operated a parking facility at the site (the "Dome
Site") for the interim purpose of providing additional resort area parking but for the
primary purpose of reserving the site for a future development that will enhance the
resort industry and further economic vitality of the City.
■ Considerations: Development of the Dome Site will be an important component
for the continued success of the resort industry. Previous studies have indicated that
the site will best serve the City and the resort industry as an entertainment venue with
some associated mixed use development. On behalf of the City Council, the Virginia
Beach Development Authority (VBDA) could seek a qualified development
company/operator for an entertainment venue at the Dome Site.
■ Public Information: Public information will be handled through the normal
Council Agenda process.
■ Recommendations: It is recommended that the City Council request the VBDA
to seek a qualified development company/operator for an entertainment venue at the
"Dome Site". The VBDA is requested to grant a six month exclusive option for the
selected development company/operator to prepare a proposal for consideration by the
VBDA for its recommendation to City Council.
■ Attachments: Resolution
Recommended Action: Approval of attached resolution
Submitting Department/Agency: Economic Development D
City Manager: 1t , tlf-j
1 A RESOLUTION REQUESTING THE VIRGINIA
2 BEACH DEVELOPMENT AUTHORITY TO EXPLORE
3 THE POTENTIAL DEVELOPMENT OF THE "DOME
4 SITE" FOR THE PURPOSES OF ENHANCING THE
5 RESORT INDUSTRY AND IMPROVING THE
6 ECONOMIC VITALITY OF THE CITY
7 WHEREAS, upon demolition of the City's former conference and entertainment
8 facility the City has operated a parking facility at the site (the "Dome Site") for the interim
9 purpose of providing additional resort area parking but for the primary purpose of
10 reserving the site for a future development that will enhance the resort industry and
11 further the economic vitality of the City;
12 WHEREAS, the City Council believes that the "Dome Site" is a critical link to the
13 continued success of the City's resort industry and further believes that the site will best
14 serve the City and the resort industry as an entertainment venue with some associated
15 mixed use development;
16 WHEREAS, the City Council believes that the type of venue, proposed uses,
17 architecture, quality, creativity and stability of the developer/operator are factors that are
18 vital to the development of a successful venue;
19 WHEREAS, the Virginia Beach Development Authority (the Authority) was
20 established by the Virginia General Assembly to assist the City in preserving,
21 developing and enhancing the economic vitality of the City and the Authority is best
22 authorized, staffed and positioned to assist with this important economic development
23 activity;
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
25 OF VIRGINIA BEACH:
26 The City Council requests the Virginia Beach Development Authority to seek a
27 qualified development company/operator for an entertainment venue at the "Dome Site",
28 skilled in the development and operation of entertainment venues and characterized by
29 stability of the company, the quality of operation, and creativity in attractions and
30 sensitivity to the needs of the resort community and local market;
31 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
32 VIRGINIA BEACH:
33 The City Council authorizes the Authority to grant a six (6) month exclusive
34 option to the selected development company/operator to prepare a proposal for
35 consideration by the Authority, focusing on such factors as the type and sustainability of
36 the proposed venue, architecture, compatibility with the City's vision for a successful
37 entertainment venue, and the developer's creativity and sensitivity to the market;
38 AND, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
39 VIRGINIA BEACH:
40 The Authority is requested to work with the City Manager and City Attorney in this
41 endeavor, and to make its recommendations to the City Council; thereafter, the City
42 Council may elect to transfer ownership of the "Dome Site' to the Authority for the
43 purposes of developing an entertainment venue as a key component of the resort
44 industry.
45 Adopted by the City Council of the City of Virginia Beach, Virginia, on this
46 day of , 2007.
APPROVED AS TO LEGAL SUFFICIENCY:
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A10459
R-4
July 11, 2007
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Requesting the Virginia Beach Development Authority to Explore
the Potential Development of a Convention Center Hotel
MEETING DATE: July 17, 2007
■ Background: The City recently completed construction of a state of the art
convention center that replaced the former facility known as the Pavilion. The new
facility includes 150,000 square feet of exhibition hall, 29,000 square feet of meeting
rooms, and 31,000 square feet of ballroom space. Numerous studies and site specific
consultant's reports as well as reports of the staff operating the convention center have
concluded that the new convention center cannot reach its potential without the addition
of a convention center hotel. Over the past several months, several potential hotel
developers have contacted the City of Virginia Beach and the Virginia Beach
Development Authority requesting the public bodies consider their proposals for the
development of a convention center hotel.
■ Considerations: Since numerous hotel developers are interested in developing
a convention center hotel, a competitive process should be initiated to determine the
best proposal. The state code allows for solicitation of competing proposals through the
Public -Private Education Act (PPEA). This process allows the City Council to accept or
reject all proposals. The Virginia Beach Development Authority (VBDA) can oversee
and conduct the PPEA process for the Convention Center hotel. After the VBDA
conducts the PPEA process, it will make recommendations to City Council.
■ Public Information: Public information will be provided through the normal
Council agenda process.
■ Recommendations: It is recommended that City Council approve the resolution
requesting the VBDA, in its review of the proposals, to employ professional assistance
familiar with the development, financial aspects, and the operation of the resort
convention hotel properties, and to work with the City Manager and City Attorney in
preparing recommendations for the City Council.
■ Attachments: Resolution
Recommended Action: Approval
Submitting De artment/Agenc : Economic Development(�.�`��
City Manager: c
1 A RESOLUTION REQUESTING THE VIRGINIA
2 BEACH DEVELOPMENT AUTHORITY TO EXPLORE
3 THE POTENTIAL DEVELOPMENT OF A
4 CONVENTION CENTER HOTEL
5 WHEREAS, the City of Virginia Beach has caused to be constructed and is
6 operating a new convention center that enhances and revitalizes the resort industry in
7 the City; and
8 WHEREAS, industry studies and site specific consultant's reports as well as
9 reports of the staff operating the convention center have concluded that the new
10 convention center cannot reach its potential and will thus under perform without the
11 addition of a conference center hotel; and
12 WHEREAS, potential hotel developers have contacted the City of Virginia Beach
13 and the Virginia Beach Development Authority (the Authority) requesting the public
14 bodies consider their proposals for the development of a convention center hotel; and
15 WHEREAS, the City Council anticipates receiving a Public -Private Education Act
16 (PPEA) proposal for a convention center hotel from Harmony Investments, an entity that
17 owns an existing hotel adjacent to the convention center; and
18 WHEREAS, the PPEA process set forth in the state code permits the solicitation
19 of competing proposals and permits the City Council to accept a proposal or reject all
20 proposals;
21 WHEREAS, the City Council believes a competitive process would be in the best
22 interests of the City; and
23 WHEREAS, the Authority was established by the Virginia General Assembly to
24 assist the City in preserving, developing and enhancing the economic vitality of the City
25 and the Authority is best authorized, staffed and positioned to assist with this important
26 economic development activity;
27 WHEREAS, the City Council also believes that professional assistance familiar
28 with the development, financial aspects and operation of resort/convention hotel
29 properties is needed in analyzing PPEA proposals;
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
31 OF VIRGINIA BEACH:
32 The City Council requests the Authority to oversee and conduct a PPEA process
33 for a convention center hotel, analyze the proposals and make recommendations to the
34 City Council.
35 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
36 VIRGINIA BEACH:
37 The City Council requests the Authority, in its review of the proposals, to employ
38 professional assistance familiar with the development, financial aspects, and the
39 operation of resort convention hotel properties, and to work with the City Manager and
40 City Attorney in preparing its recommendations for the City Council.
41 Adopted by the City Council of the City of Virginia Beach, Virginia, on this
42 day of , 2007.
APPROVED AS TO LEGAL SUFFICIENCY:
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CA -10460
R-4
July 11, 2007
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend Chapter 34, Pertaining to Swimming Pools
MEETING DATE: July 17, 2007
■ Background: Under the current provisions of City Code Section 34-70, all
"public" pools 2,000 square feet in area or larger must have a lifeguard at all times while
the pool is open. The term "public pools," however, is something of a misnomer, as the
City Code definition of the term includes many pools that are privately -owned. For
example, the current definition of "public pools" includes pools owned by condominiums,
although condominiums are private in nature and their pools are not open to the general
public. As a result, pools larger than 2,000 square feet that are owned by a typical
condominium must have a lifeguard at all times while the pool is open. There is no
provision in the City Code by which a variance to this requirement may be granted by
the Health Department, which is the enforcing authority for the City Code provisions
regulating swimming pools.
■ Considerations: The proposed amendments establish a procedure by which
condominium pools of up to 3,000 square feet in area may seek a variance from the
lifeguard requirement of City Code Section 34-70. In order to obtain such a variance,
the condominium association must: (1) control access to the pool area; (2) provide
surveillance of the entrance and the pool area when there is no lifeguard present and
the pool is open; (3) conspicuously post, and distribute to condominium owners, rules
prohibiting minors under 16 years of age in the pool area without an adult if there is no
lifeguard present; and (4) post warning signs regarding the absence of a lifeguard.
The amendments also change the terminology used to describe the types of
pool regulated by the ordinance from "public" or "private" to "Type 1" and "Type 2." This
will eliminate the confusion engendered by the fact that, under the current definitions,
many "public" pools are not open to the public at all, but are restricted to owners and
their guests.
The proposed ordinance also makes a number of "housekeeping" changes not
significantly substantive in nature.
■ Public Information: Discussions have been held with individuals from
condominium associations requesting relief from the current lifeguard requirement. The
ordinance will be advertised as a regular agenda item.
■ Alternatives: The City Council may decide not to adopt the ordinance; in such
event, however, there would be no means by which condominium pools could avoid
providing a lifeguard at all times their pools are open, and the existing confusing
terminology used to distinguish public and private pools would not be corrected.
■ Recommendations: Approval
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Office of the City Attorney Ra A
City Manager: u- 1�86ft
1 AN ORDINANCE TO AMEND CHAPTER 34,
2 PERTAINING TO SWIMMING POOLS
3 Sections Amended: §§ 34-2, 34-3, 34-4, 34-5, 34-7,
4 34-8, 34-10, 34-11, 34-28, 34-29, 34-31, 34-33, 34-
5 34, 34-41, 34-42, 34-43, 34-60, 34-61, 34-62, 34-63,
6 34-68, 34-69, 34-70, 34-71 and 34-72
7 Sections Repealed: §§ 34-21 and 34-26
8 BE IT ORDAINED BY THE CITY COUNCIL OF _ THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Sections 34-2, 34-3, 34-4, 34-5, 34-7, 34-8, 34-10, 34-11, 34-28, 34-29, 34-
11 31, 34-33, 34-34, 34-41, 34-42, 34-43, 34-60, 34-61, 34-62, 34-63, 34-68, 34-69, 34-70,
12 34-71 and 34-72 of the City Code are hereby amended and reordained, and Sections
13 34-21 and 34-26 are repealed, to read as follows:
14
15 Chapter 34 SWIMMING POOLS
16
17 ARTICLE I. IN GENERAL
18
19 Sec. 34-1. Title.
20
21 This chapter shall be known and cited as the "Virginia Beach Swimming Pool
22 Ordinance."
23
24 Sec. 34-2. Scope.
25
26 ....
27
28 (b) The provisions of this chapter shall apply to all public Type 2 swimming pools as
29 indicated and defined in section 34-3, including but not limited to commercial pools,
30 public or private school pools, gymnasium pools and health establishment pools. Public
31 Type 2 swimming pools for which building permits are issued subsequent to the
32 effective date of this chapter shall be constructed in accordance with provisions of the
33 Virginia Uniform Statewide Building Code, fire prevention code, the zoning ordinance
34 and this chapter. The administrative authority or authorized agent shall order
35 reasonable changes in any public pool or related facility or in its operation if it finds any
36 condition(s) that endanger the life, health or safety of the users of such pubis Type 2
37 swimming pools. In considering whether to order such changes, the administrative
38 authority shall consider the magnitude of the danger, cost of the change(s) required,
39 and the requirements imposed by this chapter upon newly constructed publ+s Type 2
40 swimming pools.
1
41 (c) PFivate Type 1 swimming pools shall be constructed in accordance with the
42 provisions of the Virginia Uniform Statewide Building Code and the zoning ordinance.
43 (d) The provisions of the chapter shall apply to all auxiliary structures and equipment
44 provided and maintained in connection with publiG Type 2 pools, including but not
45 limited to:
46
47 (1) Locker rooms.
48 (2) Shower rooms.
49 (3) Dressing rooms.
50 (4) Disinfecting equipment.
51 (5) Safety equipment.
52
53 COMMENT
54 There has been some confusion with the nomenclature used to distinguish pool types. The
55 term "public" was applied to pools that were clearly privately owned. To help avoid this confusion
56 throughout the Chapter pools previously termed "private" swimming pools are now Type 1
57 swimming pools and those that were termed "public" swimming pools are now Type 2 swimming
58 pools. This will clarify that pools previously termed "public" were not necessarily open to the
59 public.
60
61 Sec. 34-3. Definitions.
62
63 The following definitions shall apply in the interpretation and the enforcement of
64 this chapter. The word "shall" as used herein, indicates a mandatory requirement.
65
66 Administrative authority. The director of public health or his auth„rized ageRt. his
67 designee.
68
69 ....
70
71 Pool management company. Any person, firm corporation or association
72 contracting to manage or operate two (2) or more pUbliG Type 2 swimming pools.
73
74 Pool permit: a permit issued to the facility by the administrative authority to allow
75 for the operation of the publ+G Type 2 pool.
76
77 e Type 1 swimming pool: Any structure that contains water over twenty-four
78 (24) inches (610 mm) in depth and which is used, or intended to be used, for swimming
79 or recreational bathing in connection with an occupancy in residential use group R-3
80 and which is available only to the family and guests of the householder. This includes
81 residential in -ground, aboveground and on -ground swimming pools, hot tubs and spas.
82
83 Type 2 swimming pool: Any pool, other than a private -_Type
84 1 swimming pool.
85
14
86 Spa and hot tubs: PUbliG Type 2 pools designed for recreational or quasi -
87 therapeutic use for physiological and psychological relaxation that include but are not
88 limited to: hydrojet circulation, hot water, cold water, mineral baths, air induction
89 systems or any combination of these.
90 ....
91 Comment
92 The definitions of Type 1 and Type 2 pools are from the Virginia Uniform Statewide
93 Building Code and have been in use in Chapter 34 since 1996.
94
95 Sec. 34-4. Plans, construction and inspection.
96
97 ....
98
99 In addition to these regulations, all applicable ordinances, including but not
100 limited to plumbing, building, electrical and zoning shall also apply in the construction,
101 maintenance and operation of all publio Type 2 swimming pools.
102
103 Sec. 34-5. License required; fee.
104 (a) No person shall operate a alis Type 2 swimming pool unless an annual permit
105 has been secured from the administrative authority of the health department. This
106 permit shall be issued only after approval by the administrative authority, submittal of an
107 inspection report by a state registered electrician, certified by the Department of
108 Professional & Occupational Regulations, on forms approved by the administrative
109 authority, application and payment to the health department of a fee of fifty dollars
110 ($50.00) for seasonal operation (four (4) months or less) and seventy-five dollars
111 ($75.00) for year-round operation. The inspection report shall certify to the health
112 department and the City of Virginia Beach that the clic Type 2 swimming pool has
113 been inspected by a registered electrician and there are no electrical defects that could
114 affect the alis Type 2 swimming pool's safe operation. The inspection report shall
115 further certify that the alis Type 2 swimming pool is in compliance with all applicable
116 electrical codes. The operation and maintenance of any alis Type 2 swimming pool in
117 a manner not in accordance with the provisions of this chapter will be justification for
118 cancellation of this permit.
119
120 (b) A public Type 2 swimming pool permit shall be posted in view of the public at the
121 swimming pool involved.
122
123 (c) No alis Type 2 swimming pool permit shall be transferable and any person
124 holding such a permit shall give notice in writing, to the administrative authority within
125 twenty-four (24) hours after having sold, transferred, given away or otherwise disposed
126 of his interest in or control of the pool involved. Such notice shall include the name and
127 address of the person succeeding to the ownership or control of such pool.
128
129
130
131
3
132 Comment
133 This amendment clarifies that an electrician, who submits an inspection report on a Type 2
134 pool, must be certified by the Department of Professional and Occupational Regulations.
135
136 ....
137
138 Sec. 34-7. Owner's certificate.
139
140 (a) To secure a pool permit, each publi Type 2 pool shall have a person employed
141 who holds a valid operator's certificate issued by a source approved by the
142 administrative authority. This person is the certified pool operator for this facility.
143 Operator's certificate shall be issued only to an individual over the age of sixteen. An
144 applicant for an operator's certificate shall demonstrate basic knowledge of the water
145 treatment process in publ+G Type 2 swimming pools. Presentation of a certificate from a
146 swimming pool operator's training course acceptable to the administrative authority shall
147 constitute demonstration of such knowledge. No certified pool operator shall oversee
148 more than one (1) swimming pool facility per certificate.
149
150 (b) Every public Type 2 pool shall have a person on premises at all times during
151 periods of operation, who is fully capable of and shall assume responsibility for
152 compliance with all requirements relating to pool operation, maintenance and safety of
153 bathers.
154 ....
155
156 (e) No publ+G Type 2 pools shall be used or available for use until all requirements of
157 sections 34-5 and 34-7 are complied with.
158
159 COMMENT
160 This amendment requires a certified pool operator, an individual who is certified by the
161 health department to have knowledge of the water treatment of Type 2 pools, to only oversee the
162 operation of one pool facility. This will allow the certified pool operator to concentrate on the pools
163 at one facility and know their operation. More than one pool may be located at the pool facility.
164
165 Sec. 34-8. Suspension or Revocation of publiG Type 2 pool permit.
166
167 (a) If the administrative authority finds that the health and safety of those who utilize
168 a public Type 2 swimming pool is endangered, due to improper operation or continued
169 or flagrant violation, he may order the immediate suspension or revocation of the pool's
170 permit until such time as he finds that the danger no longer exists. No person shall
171 operate any publiG Type 2 swimming pool when subject to an order of suspension or
172 revocation.
173
174 (b) The administrative authority shall notify the owner, in writing, stating the
175 reason(s) for the suspension or revocation. The owner shall have the right to appeal the
176 suspension or revocation to the administrative authority. However, such appeal shall not
177 affect the order for suspension or revocation until such time that the appeal is heard and
178 the order changed. The owner may request a reinspection when the condition(s)
4
179 causing the suspension has been corrected. Upon compliance with the requirements of
180 this chapter, the suspension shall be removed.
181
182 (c) Any person aggrieved by the refusal to grant, or by the revocation or suspension
183 of the permit of a swimming pool, shall have the right to appeal therefrom to the circuit
184 court of the City of Virginia Beach after an administrative hearing.
185
186 COMMENT
187 There has been some confusion as to whether the health department had the authority to
188 revoke a Type 2 pool permit. This amendment clarifies that a pool permit may be suspended or
189 revoked for violations.
190
191 ....
192
193 Sec. 34-10. Pool management companies; duties.
194
195 All pool management companies, within ten (10) days after commencing
196 operation of a publie Type 2 pool, shall provide the administrative authority with the
197 names and locations of all public Type 2 pools they operate in Virginia Beach and the
198 names, telephone numbers and addresses of their operating personnel. Such
199 companies shall be responsible for assuring compliance with sections 34-5 and 34-7 of
200 this chapter. Pool management companies shall not act as the certified pool operator.
201
202 COMMENT
203 This amendment does not allow a pool management company to be the certified pool
204 operator (the individual responsible for the water treatment at each facility). This amendment
205 requires the designation of a certified pool operator who is separate form the management
206 company to ensure that each pool facility has a responsible party.
207
208 Sec. 34-11. Applicability of chapter to existing pools.
209
210 The structural and equipment provisions and requirements of this chapter shall
211 not apply to any public Type 2 pool constructed prior to the effective date of Ordinance
212 No. 391 from which this chapter was originally derived, except as follows:
213
214 (1) Any alteration, placement or replacement of any equipment shall comply
215 with such requirements.
216
217 (2) The provisions and requirements of this chapter with respect to
218 operational procedures and standards, chemical feeding equipment, flow meters,
219 pressure gauges and lifeguards shall be complied with by all publ+s Type 2 swimming
220 pools, regardless of date of construction.
221
222 (3) The administrative authority may grant modifications to any of the
223 provisions of this chapter which are not under the jurisdiction of the Virginia Uniform
224 Statewide Building Code.
225
y
226 ....
227
228 ARTICLE II. DESIGN AND CONSTRUCTION
229
230 Sec. 34-21. LoGat+en. Reserved.
231
232 The IGGatien of a swimmiAg peal shall be in aGGOFdanGe with the _)f the
233
234
235 ....
236
237 Sec. 34-26. Shape. Reserved.
238
239 Peels Fnay be of any dimension 9F shape, pFevided that satisfaGWFY FeGiMUI
240
241
242 COMMENT
243 Section 34-21 and 34-26 are repealed as they are covered by the Uniform Statewide
244 Building Code.
245
246 ....
247 Sec. 34-28. Recirculation systems.
248
249 (a) Filter room. I?ublis Type 2 pools shall be provided with a structure or room to
250 contain the filtration equipment, pumps and other recirculation system appurtenances,
251 and disinfection equipment. The room shall be finished in a light color and be
252 constructed of materials which are impervious to water and chemicals necessary for the
253 operation of the pool. Adequate illumination of twenty (20) footcandles measured
254 twenty-four (24) inches (61 centimeters) above floor level, shall be provided_ by --a.
255 . The floor of the filter room shall be
256 designed to provide for an adequate drainage with a minimum floor slope of 1:50 and a
257 maximum of 1:24 to the drain and shall be kept dry, particularly in the vicinity of
258 electrical panels. The filter room shall be adequately cross -ventilated and all equipment
259 shall be installed so that it is convenient to operate and repair. Adequate headroom
260 shall be provided above all filters. The provision of any facility for discharging filter
261 backwashing water into the filter room floor is prohibited. The room shall be provided
262 with a door(s) of sufficient width to permit the removal of equipment, and shall be
263 capable of being secured against entry by unauthorized persons. The entrance to the
264 filter room shall be adjacent to the pool area or so located that the operator can enter
265 the room without having to exit the enclosed pool area.
266
267 ....
268
269 (d) Rate of flow indicators. The recirculating system shall be equipped with a rate of
270 flow indicator, which has been approved by the administrative authority- , and is located
271 to visibly indicate the rate of flow. The indicator shall read in gallons per minute or liters
C
272 per minute and shall be located to indicate the rate of flow of filtered water being
273 returned to the pool. The indicator shall be of fixed calibration and properly sized so as
274 to indicate the designed rate of flow at approximately midscale.
275
276 COMMENT
277 The amendment at Lines 254-255 removes the requirement for vapor -proof lighting and
278 requires adequate lighting in keeping with the new advances in lighting. The amendment at Lines
279 270-271 clarifies that the rate of flow indicator must be located so that it is visible. Inspectors must
280 inspect the rate of flow indicator and this amendment will allow them to more easily do so.
281
282 ....
283
284 Sec. 34-29. Piping systems.
285
286 (a) The piping system for alis Type 2 pools shall be composed of N.S.F.(National
287 Sanitation Foundation) approved materials or equal, designed for the following
288 operations:
289
290 (1) Filling the pool;
291
292 (2) Washing each filter to waste;
293
294 (3) Recirculating the pool water through the treatment equipment;
295 (4) Backwashing to waste;
296
297 (5) Operating suction cleaner;
298
299 (6) Emptying the pool; and
300
301 (7) Draining the system.
302
303 ....
304
305 Sec. 34-31. Operational safety.
306
307 (a) Pumps, filters and other mechanical and electrical equipment for alis Type 2
308 pools shall be enclosed in such a manner accessible only to authorized persons.
309 Construction and drainage shall be such as to avoid the entrance and accumulation of
310 water in the vicinity of the electrical equipment.
311
312 (b) The crossing of outdoor alis Type 2 swimming pools by overhead electrical
313 conductors is prohibited.
314
315 ....
316
317 Sec. 34-33. Pool Lighting.
III
318
319 (a) Where publi ;--Type 2 pools are to be used after dark, the swimming pool area
320 shall be equipped with lighting fixtures of such number and design as to light all parts of
321 the pool, the water therein, and the entire area. ... .
322
323 ....
324
325 Sec. 34-34. Decks.
326
327 All fill under decks shall be properly tamped and proper supports shall be
328 provided to prevent decks from settling. Roof runoff or other- drainage shall not be
329 wasted onto the deck. All areas surrounding 'the deck shall have surface drainage
330 directed away from the deck area. Decks shall be free of cracks, pooling or standing
331 water and made of non-skid materials. Pool decks shall not create a nuisance or health
332 hazard.
333
334 COMMENT
335 This amendment adds some standards, which were not previously stated, for pool decks to
336 ensure their safety.
337
338 ....
339
340 Sec. 34-41. Safety and rescue equipment; other safety features.
341
342 Every pUblis Type 2 swimming pool shall be equipped with the following aids to
343 safety and rescue which shall be readily accessible at all times:
344
345 (1) One (1) or more safety tubes recommended by the American Red Cross,
346 YMCA or other accredited agency for lifesaving personnel, to be used by a certified
347 lifesaver. There may also be available of lightweight but strong poles with blunted ends,
348 not less than twelve (12) feet (4 meters) in length.
349
350 ....
351 (4) A readily -accessible room or area designated and equipped for
352 emergency care of casualties. Minimum equipment shall be an approved first aid kit and
353 a baGkbeafd meeting Red Cross standards.
354 ....
355
356 (6) Approved signs shall be maintained in a legible manner as follows:
357
358 a. Occupant load signs. A sign with clearly legible letters, not less
359 than four (4) inches (10.2 centimeters) high shall be posted in a conspicuous
360 place near the main entrance to a pool which shall indicate the number of
361 occupants permitted for each pool.
362
9
363 b. Spa/hot tub pool. The occupant capacity of a spa/hot tub pool shall
364 be based on one (1) bather for every ten (10) square feet (1.9 meters2) of pool
365 water surface area.
366
367 C. The occupant capacity of all other pools shall be based on one (1)
368 bather for every twenty-seven (27) square feet (2.50 meters2) of pool water
369 surface area. Exception: Occupant capacity requirements do not apply to wading
370 pools.
371
372 d. Permanent and conspicuous signs shall be posted indicating the
373 most direct route to the pool for emergency, fire and - rescue personnel and
374 vehicles.
375
376 ....
377
378 (11) Fixed and floating platforms in publiG Type 2 swimming pools shall be
379 constructed with an air space of at least one (1) foot (0.3 meters) between the water
380 surface and the underside of the platform.
381
382 (12) There shall be one (1) elevated lifeguard chair provided for every public
383 pool with a depth of over five (5) feet (1.52 meters) of and two thousand (2,000) square
384 feet (202.99 meters2) of water surface. An additional chair will be required for each
385 additional one thousand (1,000) square feet (92.8 meters2) of water surface.
386
387 COMMENT
388 The amendments at Lines 345-347 and 353 update the requirements for safety equipment at
389 Type 2 pools to reflect the changes in American Red Cross and YMCA policies. The amendment at
390 Line 373-374, clarifies that the required signage is for emergency personnel. The change at Line
391 383 is for clarification, to be certain that an elevated lifeguard chair is only necessary if the
392 swimming pool is over 5 feet in depth and over 2,000 square feet in area.
393
394 Sec. 34-42. Disinfection equipment.
395
396 (a) Chemical feeding equipment. Means shall be provided for regulating the feeding
397 of chemicals to the water in the recirculation system. The installation and use of
398 mechanical, automatically operated, positive displacement chemical feeders or dye type
399 chemical feeders is required.
400 (b) Chlorinating equipment. All PUbliG Type 2 pools shall be provided with approved
401 chlorinating equipment which shall be capable of applying a dose of not less than ten
402 (10) ppm of chlorine within the turnover time.
403
404 ....
405
406 Sec. 34-43. Water heating.
407
408 Indoor PUbIiG Type 2 pools shall be provided with water heating equipment
409 thermostatically controlled and capable of maintaining the entire pool contents between
9
410 seventy (70) and eighty-five (85) degrees Fahrenheit (twenty-one (21) degrees
411 Centigrade and twenty-nine and forty-eight one hundredths (29.48) degrees
412 Centigrade). All heated pools, spas and hot tubs shall maintain a minimum halogen
413 residual of two (2.0) ppm or mg/I at all times. Spas and hot tubs shall have, on display, a
414 clock and thermometer visible to occupants. Spas and pool water temperature shall not
415 exceed one hundred and four (104) degrees Fahrenheit at any time that is occupied.
416
417 ....
418
419 ARTICLE III. OPERATION
420
421 Sec. 34-60. Conditions and equipment.
422
423 All equipment shall be maintained in satisfactory operating condition during
424 operation of a his Type 2 pool.
425
426 Sec. 34-61. Water supply.
427
428 All pub4ie Type 2 pools using well water shall have a satisfactory bacteriological
429 sample taken prior to opening each year.
430
431 Sec. 34-62. Clarity of water.
432
433 When a his Type 2 pool is open and in use, the water shall be sufficiently
434 clear to permit the main drain a diS ^ SiX (6) inches (15.24 nen+ime+e Fs) in diameter
435 ,
436 the deepest point to be clearly visible from the pool deck at all distances up to ten (10)
437 yards
438 suFfase. The-disc-shall be available an pFemises at all times nr mom y he neFFnanen+lei
439 affixed +o the he++em of the pool in the .deepest aFea
440
441 COMMENT
442 This amendment update the method used to determine water clarity from the requirement
443 for a black and white disc at the bottom of the pool and uses the visibility of the drain to determine
444 water clarity. The method of using the drain to determine water clarity is much easier.
445
446 Sec. 34-63. Water treatment.
447
448 (f) The operator or manager of each die Type 2 swimming pool shall maintain
449 and operate all mechanical equipment in a safe and proper manner.
450
451 (i) Protective clothing, i.e., respirators, -goggles, eve protection, face masks, rubber
452 gloves and aprons or coveralls, shall be provided for personnel handling chlorine
453 chemical compounds and other caustic chemicals.
454
455 COMMENT
456 This amendment updates the requirements for safety equipment when handling chlorine.
10
457 ....
458
459 Sec. 34-68. Precautions relative to communicable diseases.
460
461 Any person having an obvious skin disease, nasal or ear discharge, inflamed
462 eyes, or any communicable disease shall be excluded from the tic Type 2 swimming
463 facility pool.
464
465 Sec. 34-69. Security.
466
467 PUblis Type 2 swimming pools shall be maintained in a manner which will not
468 create a nuisance or hazard to the public safety and well-being when not in use, and the
469 pool shall be adequately secured against entry by the public in general.
470
471 Sec. 34-70. Lifeguards.
472
473 (a) There shall be at least one (1) lifeguard on duty at all times when the his Type
474 2 pool is of two thousand (2,000) square feet (185.79 rr'crrteter-Q square meters) of water
475 surface or more and when open for use.
476
477 (b) his Type 2 pools which are less than two thousand (2,000) square feet
478 (185.79 rneter-Q square meters) may be used by adults, or children supervised by
479 adults, without a designated lifeguard, provided it is posted as follows: "WARNING: No
480 lifeguard on duty. Children under the age of fourteen (14) should not be allowed to use
481 a pool without an adult in attendance."
482
483 (c) Any individual retained as a lifeguard for publir. Type 2 pools of two thousand
484 (2,000) square feet (185.79 ^' etePs2-square meters) or more shall possess a current
485 certification for meeting the standard of a lifesaver as recommended by the American
486 Red Cross, YMCA or other accredited agency for lifesaving personnel.
487
488 (d) The ratio of lifeguards to bathers shall be one (1) lifeguard on duty for the first
489 seventy-five (75) bathers and an additional lifeguard for every additional fifty (50)
490 bathers, or fraction thereof. Lifeguards shall wear distinguishing emblems or clothing
491 while on duty.
492
493 (e) Variance procedure for Type 2 condominium pools: Owners of Type 2
494 condominium pools greater than 2000 square feet and less than 3000 square feet may
495 apply for a variance to the lifeguard requirements of this Section.
496
497 (1) Variances to the requirements of this Section may be granted by the
498 administrative authority where:
499 a. the pool area is access controlled;
500 b. the entrance to and the pool area are under surveillance at all times
501 when the pool is open without a lifeguard;
11
502 c. pool rules, which are distributed to all members of the condominium,
503 state that no minors under the age of 16 shall be in the pool area unless
504 accompanied by an adult when no lifeguard is provided, and
505 d. there are conspicuously posted legible signs that contain the following
506 language:
507 WARNING: NO LIFEGUARD ON DUTY.
508 MINORS UNDER THE AGE OF 16 ARE NOT ALLOWED TO USE
509 THE POOL UNLESS ACCOMPANIED BY A RESPONSIBLE ADULT.
510
511 (2) The application for a variance to the administrative authority shall be on
512 forms provided by the administrative authority and must include:
513 a. a statement requesting specific times for the variance to apply and the
514 reasons for those times; and
515 b. the reasons why the public health and safety will not be jeopardized if
516 the variance is granted.
517
518 (3) Within a reasonable time, not to exceed sixty (60) days from the receipt of
519 a complete written application the administrative authority shall grant, deny or
520 grant with conditions such variance. The administrative authority shall consider,
521 in addition to the requirements of subdivision (e) (1), the following factors:
522
523 a. Any circumstances unique to the applicant's facility;
524 b. The effects that the variance would have on the health and safety of
525 the public; and
526 c. Any other health and safety factors, as determined by the
527 administrative authority.
528
529 (4) The administrative authority shall notify the applicant in writing of the
530 approval of the variance, the effective date of the variance and the conditions
531 attached to the approval of the variance. Failure to comply with the conditions
532 shall result in the immediate revocation of the variance.
533
534 A denial of the variance shall also be in writing giving the reasons for the
535 denial.
536
537 (5) Each variance approved shall be conspicuously posted in public view in
538 the pool area.
539
540 (6) Variances expire on October 1 and must be applied for on a yearly basis.
541
542 COMMENT
543 The addition of the variance process will allow those Type 2 condominium pools under
544 3,000 square feet to apply for a variance from the Health Department from the requirement that
545 lifeguards must be provided at all times in Type 2 pools over 2000 square feet. Pools under 2000
546 square feet are not required to provide lifeguards. To apply for a variance the condominium pool
547 must have access control, surveillance of the pool area, not allow minors under 16 years of age in
548 the pool without an adult, and have warning signs posted that state there is no lifeguard on duty,
12
549 and that minors are not allowed without an adult. Factors in granting the various for the health
550 department to consider include whether the variance would endanger the public health or safety,
551 and the unique characteristics of the pool facility. The variance may be approved, approved with
552 conditions or denied. Variances must be posted so that the public is aware that the pool has a
553 variance, and the owner must reapply for a variance every year to be sure that the conditions and
554 approval are still appropriate.
555
556 Sec. 34-71. Laundering.
557
558 Bathing suits, towels and other reusable cloth materials furnished by a pubtis
559 Type 2 pool shall be properly laundered so as to be sanitary before being issued to
560 bathers.
561
562 Sec. 34-72. Animals.
563
564 Animals, fowl and/or pets shall not be permitted within the his Type 2
565 swimming pool. This section shall not apply to working dogs, such as seeing -eye dogs.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2007.
APPROVED AS CONTENT:
CA9910
R-12
July 11, 2007
13
APPROVED AS TO LEGAL
SUFFICIENCY:
P
- ))/ &01 d) -
dry A orney's Office
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: ORDINANCE APPROVING MODIFICATIONS TO THE TOWN CENTER PHASE
III PROJECT DOCUMENTS AND ACQUSITION OF THE BLOCK 2 PROPERTY
FOR THE TOWN CENTER PROJECT
MEETING DATE: July 17, 2007
■ Background: The Town Center Project (the "Project") has been a long-term priority
for the City. The City Council first recognized the importance of the Project in the Central
Business District of the City when it adopted the Comprehensive Plan on November 4,
1997. On November 23, 1999, the City Council adopted the Central Business District —
South Tax Increment Financing District with the intent of entering into an agreement with a
developer and using the funds to help pay for the City's participation in the Project. At its
February 8, 2000 meeting, the City Council approved a Development Agreement for Phase
I of the Project containing the rights and obligations of the Virginia Beach Development
Authority (the "Authority") and Town Center Associates, L.L.C. (the "Developer"). Phase I
of the Project, comprised of a 272,000 square foot office tower, 109,000 square feet of
commercial space, a 176 -room hotel, an 18,000 square foot bank headquarters building, a
1,284 -car public parking garage, and public streets, sidewalks and utilities, has been
completed.
On June 3, 2003, the City Council approved the Phase II Development Agreement
containing the rights and obligations of the Authority and the Developer with respect to
Phase I I of the Project. One of the blocks associated with the second phase of the Project,
the Dick's Sporting Goods Store, opened in April 2004 with an adjoining 574 -space public
parking facility and 18,000 square feet of retail space. Other development includes a 10 -
story 341 -unit luxury apartment complex with an 851 -space public parking facility, a public
plaza and 194,000 square feet of office/retail/entertainment space. Phase I I of the Project
is complete.
On October 12, 2004, the City Council approved acquisition of a Portion of Block 6 of Town
Center for the Sandler Center for the Performing Arts, and authorized award of the Design
& Construction contract under the PPEA for the theater to Clancy & Theys.
On September 13, 2005, the City Council approved Phase III of the Town Center, and on
June 13, 2006, the City Council approved the First Modification to the Phase III
Development Agreement.
Phase III of Town Center will be a multi -block, multi -facility mixed-use development
consisting of the following elements:
o Block 6 will have approximately 14,000 square feet of retail and 56 loft
condominiums adjacent to the Sandler Center for the Performing Arts.
o Block 7 will comprise an approximately 37 -story high-rise, including
approximately 36,500 square feet of retail space and lobby for the Hotel, 25,000
square feet of meeting and pre -function space, 236 -room full service Westin
Hotel, 119 luxury residential condominiums, and 947 -space parking garage, with
730 public spaces.
o Block 9 will contain an approximate 75,000 to 100,000 square foot building of
multi -use space.
Block 2 of the Town Center Project is privately owned by Commonwealth Building
Company, Inc. The Authority has negotiated an acquisition of the Block 2 Property in
exchange for 15,000 square feet of improved office space in the Block 7 West Retail
Space, a $1,635,000 cash payment, five parking spaces in the Block 7 Parking Garage and
a $300,000 EDIP award to cover moving expenses.
■ Considerations: To facilitate the construction of the Phase III improvements,
certain modifications to the Phase III Development Agreement have been proposed and
are summarized in the Ordinance. The terms of the acquisition of the Block 2 Property are
also outlined in the Ordinance.
■ Public Information: A public briefing on this item was conducted at the July 10,
2007 City Council meeting. Additional public information for this item will be handled
through the normal Council agenda process.
■ Alternatives: The Phase III Documents reflect the City's on-going commitment to
the long-term priority of developing a Town Center for the City. Acquisition and
development of the Block 2 Property are consistent with those goals. There are other
alternatives to development of the Central Business District. However, few if any
alternatives accomplish Council's stated goals for the area or provide the level of quality
proposed.
■ Attachments: Ordinance
Recommended Action: Approval yy//
Submitting Department/Agency: Economic Development // L�J/
City Manager PI
1 AN ORDINANCE APPROVING
2 MODIFICATIONS TO THE TOWN CENTER
3 PHASE III PROJECT DOCUMENTS AND
4 ACQUISITION OF THE BLOCK 2 PROPERTY
5 FOR THE TOWN CENTER PROJECT
6 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of
7 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff
8 have engaged in extensive negotiations with representatives of Armada/Hoffler
9 Development, Company L.L.C., and its affiliates, regarding the development of a Central
10 Business District Project known as "The Town Center of Virginia Beach" (the "Project");
11 WHEREAS, by Ordinance No. 2896F adopted September 13, 2005, after finding
12 that Phase III of the Project will stimulate the City's economy, increase public revenues,
13 enhance public amenities, further the City's development objectives for the Central
14 Business District and provide necessary components to further the goals contained in the
15 City's "Guidelines for Evaluation of Investment Partnership for Economic Development,"
16 the City Council (a) approved development documents for Phase III of the Project (the
17 "Phase I I I Project Documents"), (b) requested that the Authority approve and execute the
18 Phase III Project Documents, and(c) authorized the City Manager to execute a Support
19 Agreement between the City and the Authority supporting the Authority's obligations
20 contained in the Phase III Project Documents;
21 WHEREAS, by Ordinance No. 2946B adopted June 13, 2006, after finding certain
22 proposed refinements and modifications to the Phase III Project documents would enhance
23 the Project, City Council approved the First Modification to Phase III Development
24 Agreement;
25 WHEREAS, Phase III of the Project includes Block 7, on which there is being
26 constructed a structure comprised of a 947 -space parking garage, with 735 public spaces
27 (the "Block 7 Parking Garage"), 25,000 square feet of ground floor commercial space on
28 the west side of the building (the "Block 7 West Retail"), 11,500 square feet of additional
29 ground floor commercial space on the east side of the building, a 236 -room full service
30 Westin hotel, a 25,000 square foot conference facility (the "Conference Unit") and 119
31 luxury condominiums and an emergency communications room on the top of the Block 7
32 tower (the "911 Room");
33 WHEREAS, Phase III of the Project also includes Block 6E, on which there is being
34 constructed a structure comprised of 14,000 square feet of ground floor commercial space
35 and 56 residential condominiums;
36 WHEREAS, Phase III of the Project also includes a pedestrian bridge over
37 Columbus Avenue connecting the Block 7 Parking Garage with the public parking garage
38 in Block 12 (the 7-12 Bridge");
39 WHEREAS, Block 2 of the Project is owned by Commonwealth Building Company,
40 Inc. ("CBC"). The Authority and the Developer have negotiated an exchange transaction
41 under which CBC would transfer of Block 2 to the Authority in exchange for 15,000 square
42 feet of improved office space in the Block 7 West Retail, a $1,635,000 cash payment, five
43 parking spaces in the Block 7 Parking Garage, and up to $300,000 in moving expenses in
44 the form of an EDIP award to CBC (collectively the "Block 2 Exchange");
45 WHEREAS, the Authority and the Developer desire to add the terms of the Block 2
46 Exchange to Phase III of the project and memorialize the Block 2 Exchange in an
47 agreement and supporting documents between the Authority, CBC and the Developer
48 (collectively the "Block 2 Exchange Documents") and also modify the Phase III Project
49 Documents to incorporate the Block 2 Exchange and provide for the Developer's obligation
50 to repurchase Block 2 from the Authority for an amount equal to the Authority's cost of
51 acquisition, plus interest, less the amount of any EDIP award associated with the Block 2
52 Exchange;
53 WHEREAS, Phase III of the Project was to include construction of improvements on
54 Block 9 by the Developer and public infrastructure improvements to Block 9 by the
55 Authority and the Authority and the Developer have agreed to replace the Developer's
56 obligation to develop Block 9 with an obligation that the Developer develop Block 5;
57 WHEREAS, the Developer incurred additional costs of construction for the Block 7
58 and Block 6 improvements due to unforeseen circumstances;
59 WHEREAS, the obligations of the Authority contained in the Phase III Modification
60 Project Documents are supported by the City pursuant to a Phase III Support Agreement,
61 (a) with the traditional public infrastructure costs of the Project to be funded, in part,
62 through the City's CIP and, in part, through the Authority's Economic Development
63 Investment Program monies and (b) with the other obligations of the Authority structured to
64 be paid, subject to annual appropriation, by the available revenue from the TIF Fund, from
65 the revenue generated by the special tax district and by an additional mechanism for the
66 Developer to pay projected TIF shortfalls;
67 WHEREAS, the City Council finds that the proposed modification to the Phase III
68 Project Documents and the Block 2 Exchange are desirable as they allowthe Developerto
69 enhance Phase III of the Project; and
70 WHEREAS, the City Council hereby approves the modification to the Phase III
71 Project Documents and Block 2 Exchange and desires that the Authority pursue the
72 preparation of supplemental Phase III Project Documents and Block 2 Exchange
73 Documents to evidence the Phase III Modification and Block 2 Exchange.
74 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
75 VIRGINIA BEACH, VIRGINIA:
76 1. That the City Council hereby approves the second modification to the Phase
77 III development agreement which provides as follows:
78 I. Modifications to Existing Phase I II Project Documents consistent with
79 this Ordinance
80 A. Modifications to Phase III financed by Tax Increment Financing
81 Funds:
82 1) increase the guaranteed maximum price of the to 7-12
83 Bridge by $250,000 to $1,750,000
84 2) increase in the guaranteed maximum price of the
85 Conference Unit by $500,000 to $8,043,998
86 3) increase interest costs pursuant to the existing
87 development agreement by $355,000
88 B. Modifications to Phase III financed by ComIT CIP funds
89 4) provide for acquisition of a 911 Room for an amount not
90 to exceed $219,000
91 C. Modifications to Phase III — Transfer of Funds
92 5) replace the Developer's obligations relating to the
93 development of Block 9 with an obligation to develop
94 Block 5
95 6) authorize the transfer of $475,000 programmed for
96 infrastructure improvements on Block 9 to $200,000 of
97 infrastructure improvements for Block 6 and $275,000
98 of infrastructure improvements for Block 5
99 II. Beacon Exchange Agreement
100 A. Authorize an exchange with CBC of Block 2 of the Town Center
101 for 15,000 square feet of improved office space in Block 7 with the following
102 costs and financing arrangements:
103 1) Costs of the Exchange
104 a) expend an amount not to exceed $945,000 to
105 improve 15,000 square feet of the Block 7 West
106 Retail
107 b) exchange that improved space ($1,680,000
108 (space) plus $945,000 (improvements)), plus
109 $1,635,000 cash payment,
110 c) five (5) parking spaces in the Block 7 Parking
111 Garage valued at $115,000
112 d) $300,000 EDIP Grant award for moving
113 expenses for Block 2
114 2) The total exchange, excluding the $300,000 EDIP
115 Grant, to be financed by a bank loan; the loan to be
116 retired in full by an agreement by Armada/Hoffler
117 Development Company to purchase the Block 2 land
118 and the residual office space in Block 7 within 36
119 months of the exchange.
120 2. On behalf of the City of Virginia Beach, the. City Manager and the City
121 Attorney are hereby authorized and directed to proceed with the preparation of any
122 documents necessary and appropriate to implement the modification of the Phase III
123 Project Documents (the "Phase III Modification Documents") consistent with the provisions
124 herein.
125 3. The City Manager, or his designee, is authorized to execute and deliver any
126 Phase III Modification Documents to which the City is a necessary party, so long as such
127 Phase III Modification Documents are consistent with the provisions herein and are
128 acceptable to the City Manager and the City Attorney.
129 4. The City Manager, or his designee, is authorized to execute and deliver any
130 Block 2 Documents to which the City is a necessary party so long as such Block 2
131 Exchange Documents are consistent with the provisions herein and are acceptable to the
132 City Manager and the City Attorney.
133 5. The City Council requests and recommends that the Authority adopt a
134 Resolution consistent with this Ordinance approving and authorizing the execution of the
135 Second Modification of the Phase III Project Documents, the Block 2 Exchange documents
136 and any other documents necessary for the implementation of those transactions.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
, 2007.
APPROVED AS TO CO
LEGAL SUFFICIENCY
City Attorney
CA10461
R-5
7/12/07
APPROVED AVAILABILITY
OFFUNDS
-A, A I
ZZA owl' ffl
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance authorizing the City Manager to execute a lease for one year with
Tidewater Regional Group Home Commission, a public body corporate established
pursuant to Virginia Code §16.1-315 et seq., for 4,080 square feet of City -owned land
located at 2293 Lynnhaven Parkway in the City of Virginia Beach
MEETING DATE: July 17, 2007
■ Background: Tidewater Regional Group Home Commission, a public body
corporate established pursuant to Virginia Code §16.1-315 et seq. ("TRGHC") would
like to lease 4,080 square feet of property from the City of Virginia Beach (the "City")
located at 2293 Lynnhaven Parkway in the City of Virginia Beach (the "Property").
TRGHC would use the Property for a transitional living program providing residential
housing for juvenile offenders. TRGHC (and its predecessors) has been leasing this
property from the City for approximately 30 years.
This item was deferred by City Council on July 10, 2007.
■ Considerations: This lease would be for a term of one (1) year, and the City
has a thirty -day (30) termination option. The terms and conditions governing the
behavior of the residents of the Property are set forth in the Lease itself and
Memoranda of Understanding between TRGHC and the City and TRGHC and the City
of Virginia Beach Police Department
■ Public Information: Advertisement of Public Hearing
Advertisement of City Council Agenda
■ Alternatives: Approve terms of the Lease Agreement as presented, after
terms of the proposed Lease Agreement or deny leasing of subject premises.
■ Recommendation: Approval
■ Attachments: Ordinance
Summary of Terms
Location map
Recommended Action: Approval
Submitting Department/Agency: Management�-acilities Management Office
City Manage .
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER
2 TO EXECUTE A LEASE FOR ONE YEAR WITH
3 TIDEWATER REGIONAL GROUP HOME
4 COMMISSION, FOR 4,080 SQUARE FEET OF CITY-
5 OWNED LAND LOCATED AT 2293 LYNNHAVEN
6 PARKWAY IN THE CITY OF VIRGINIA BEACH
7
8
9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain
10 parcel of land located at 2293 Lynnhaven Parkway in the City of Virginia Beach (the
11 "Property"). The City desires to lease 4,080 square feet of the Property as set forth
12 on Exhibits A and B (the "Premises");
13
14 WHEREAS, Tidewater Regional Group Home Commission, a public body
15 corporate established pursuant to Virginia Code §16.1-315, et seq., ("TRGHC") has
16 agreed to lease the Premises from the City for one year with an annual lease
17 payment of One Dollar ($1.00).
18
19 WHEREAS, TRGHC has leased the Premises from the City for approximately
20 30 years;
21
22 WHEREAS, the Premises will be utilized as a transitional living program
23 house providing residential housing for juvenile offenders and for no other purpose.
24
25 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
28 That the City Manager is hereby authorized to execute a lease for the term of
29 one (1) year, between Tidewater Regional Group Home Commission, a public body
30 corporate established pursuant to Virginia Code §16.1-315, et seq., ("TRGHC") and
31 the City, for the Premises in accordance with the Summary of Terms attached hereto
32 and such other terms, conditions or modifications as may be satisfactory to the City
33 Manager and the City Attorney.
34
35 Adopted by the Council of the City of Virginia Beach, Virginia on the
36 day of , 2007
CA 10314
V:\apphcations\citylawprod\cycom32\Wpdocs\DO27\PO02\000361 I I . DOC
R-1
June 28, 2007
APPROVED AS TO L
SUFFICIENCYA6 FO
City Attorney
APPROVED AS -TO CONTENT
Signature
- lom 5z2ei��/' �11' 5 m d
Department
EXHIBIT A
The Premises are a part of the property identified as GPIN: 1475-35-2438 and generally
known as 2293 Lynnhaven Parkway and are more particularly shown as the shaded area
on the map on Exhibit B and extend from the access road on the east to the tree line on
the west and from the fence on the north to Lynnhaven Parkway on the south.
SUMMARY OF TERMS
LEASE FOR THE USE OF 4,080 SQUARE FEET OF
CITY REAL PROPERTY
LESSOR: City of Virginia Beach
LESSEE: Tidewater Regional Group Home Commission
PR0MSES: Approximately 4,080 square feet of City property located at 2293 Lynnhaven
Parkway in the City of Virginia Beach
TERM: July 1, 2007 through June 30, 2008
RENT: Rent shall be one dollar ($1.00).
RIGHTS AND RESPONSIBILITIES OF
TIDEWATER REGIONAL GROUP HOME COMMISSION:
• Will use the Premises for a transitional living program providing residential housing
for juvenile offenders and for no other purposes.
• Will comply with all terms, conditions and reporting requirements regarding the behavior
of the residents set forth in the Lease and Memoranda of Understanding between TRGHC
and the City, attached as Exhibit 1, and TRGHC and the City of Virginia Beach Police
Department, attached as Exhibit 2.
• Will keep, repair, and maintain the Premises at its expense and will do so in a
workmanlike manner.
• Will maintain commercial general liability insurance coverage with policy limits of not
less than one million dollars ($1,000,000) combined single limits per occurrence, issued
by an insurance company licensed to conduct the business of insurance in Virginia. Such
insurance shall name the City of Virginia Beach as an additional insured. Lessee shall
provide a certificate evidencing the existence of such insurance.
• Will assume the entire responsibility and liability for any and all damages to persons or
property caused by any act or omission of the Lessee or its agents, etc. associated with
the use of the Premises.
• Will comply with all applicable laws, ordinances, and regulations in the performance of
its obligations under the Lease, including Virginia Beach Code Section 23-59.
RIGHTS AND RESPONSIBILITIES OF
THE CITY:
Will have access to the Premises at any time, without prior notice, in the event of an
emergency.
• Will have the right to require Tidewater Regional Group Home Commission to surrender
possession and control of the Premises to the City upon forty-eight (48) hours notice in
the discharge of its powers, purposes, or responsibilities.
• Will have the right to grant easements and rights of way across, in, under and through the
Premises for streets, alleys, public highways, drainage, and other similar purposes.
TERMINATION: The City may terminate the Lease anytime -prior to June 30, 2008 upon
providing thirty (30) days written notice to Tidewater Regional Group Home Commission.
V :\applications\citylawprod\cycom32\W pdocs\D027\PO02\00036112.DOC
TIDEWATER REGIONAL
GROUP HOME COMMISSION
2404 Airline Boulevard, Portsmouth, Virginia 23701
Telephone: (757) 488-9161 • Fax: (757) 488-9652
MEMORANDUM OF UNDERSTANDING
Between the City of Virginia Beach and
Tidewater Regional Group Home Commission
July 1, 2007
The intent of this memorandum is to establish guidelines which will enhance the
level of communication between the City of Virginia Beach ("City") and the Tidewater
Regional Group Home Commission ("TRGHC"). TRGHC operates residential
programs for youth at two City locations: 2293 Lynnhaven Parkway (Transitional Living
Program) and 811 13th St. (Crisis Intervention Home).
TRGHC will report the following information to the City Manager's Office:
1. Any incidents involving active program clients committing crimes against citizens
or property and/or any incidents that have the potential for media coverage.
2. Any plans to change the mission of a program, to close a program or to change
the target population to be served.
3. Any sanctions by regulatory authorities.
4. Any founded child protective services reports against staff of the facilities.
5. Injury or illness (requiring hospitalization) or death of a program resident.
6. Any legal action taken against the program or TRGHC.
7. Any disputes between TRGHC facilities and the adjoining neighbors or
neighborhood associations.
8. Damage to the buildings or property caused by fire, flood, vandalism, natural or
man-made disasters.
The City will inform TRGHC of the following:
1. Potential changes in city property uses that may impact a TRGHC program.
2. Budgetary and/or funding decisions which will change local government's level
of support for juvenile justice services.
Cities of Chesapeake • Franklin • Portsmouth • Suffolk & Virginia Beach and Counties of Isle of Wight & Southampton
3. Economic development initiatives which will change the neighborhood
environments in which TRGHC operates.
The above examples are not intended to be all inclusive but cover major areas
needing direct communication. It is agreed that the City's Chief of Staff and the
Executive Director of TRGHC will hold a face to face meeting at least annually to review
areas of mutual interest and to address any pending issues.
�Z/�
Linda S. Filippi Date
Executive Director, TRGHC
G �G�C �%/• ��LlC2 �rf/Lt &
Susan D. Walston Dat
Chief of Staff, City of Virginia Beach
EXHIBIT 2
Memorandum of Understanding between the Virginia Beach Police
Department (VBDP) and Transitional Living Program (TLP), a program
operated by the Tidewater Regional Group Home Commission (TRGHC)
June 20, 2007
This Memorandum of Understanding will provide protocols for communication
and collaboration between the Transitional Living Program (TLP) and the Virginia
Beach Police Department (VBPD) to maximize community safety.
TLP will evaluate their current selection process to ensure enhanced screening
of applicants. This will include additional layers of review of applicants by
TRGHC Deputy Director and/or Executive Director for referrals involving felony
crimes against persons (i.e. malicious wounding).
Effective March 16, 2006, all new admissions into the TLP will be placed on
electronic monitoring using real-time GPS tracking for a minimum of the first 30
days. Release from the monitoring will be contingent on the youth making a
satisfactory adjustment with no major program rule violations.
Monitoring will include the exclusion of youths from those areas with high crime
patterns and gang activity. Residential areas surrounding the Transitional Living
Program will also be included in the exclusion zones.
Records of the GPS monitoring are available indefinitely for subsequent review
should the whereabouts of any of the residents need to be ascertained during
monitoring or after it has been discontinued.
TLP will continue to use metal detector wands to check for weapons on both the
youth and their rooms
TLP has increased the use of vehicle transportation for youths going to jobs,
school, etc. to reduce foot traffic by program residents in the neighborhood
The VBPD will inform TLP of potential problem areas, crime trends, and gang
activity around the TLP. TLP will also use iPRO (Electronic Police Reports) to
identify potential problem areas. TLP will then restrict youths from these areas.
TLP will monitor video surveillance cameras around the TLP and provide logs of
activity to VBPD when requested.
TLP will notify VBPD of youths who are AWOL or have generated GPS alerts
The VBPD 4th Precinct will visit TLP every 4-6 weeks to interact with youth and
"humanize" the police. Also provides opportunity for PD to become familiar with
youths. In addition, an officer of the VBPD 4th Precinct will communicate with the
program's administration on- a bi-weekly basis for updates on the current
population.
TLP will notify VBPD, 4th Precinct of all new admission and those who exit from
the program
A representative from the Transitional Living Program will attend VBPD 4th
Precinct CAC meetings to observe and listen to citizen concerns in the Precinct
TLP and VBPD will exchange information on -any suspicious behavior involving
youths within the confines of current privacy legislation._
Linda S.
Executive Director
Date
F. tr
e5�'-Z s' -O -7
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer $4,000,000 Between Various School Capital
Projects for FY 2007-08
MEETING DATE: July 17, 2007
■ Background: The School Board's adopted CIP- included various transfers
between various School Capital Projects for FY 2007-08. These transfers were cited in
the FY 2007-08 Adopted Biennial Resource Management Plan (page 25), but these
were inadvertently omitted from the CIP ordinance.
■ Considerations: The adopted total appropriation amount for the School Capital
Budget is correct, but appropriations within certain projects do not reflect the School
Board's requested amounts. These transfers generally involve re -allocating surplus
funds from projects (some due to lower construction bids or less site acquisition
required) to higher priority projects. No further School Board action is required.
■ Public Information: Information will be disseminated to the public through the
normal Council agenda process through the advertisement of City Council agenda.
■ Recommendations: It is recommended that the City Council adopt this
ordinance.
■ Attachments: Ordinance.
Recommended Action: Approve ordinance
Submitting Department/Agency: Management Se
City Manager: IL 436tat
1 AN ORDINANCE TO TRANSFER APPROPRIATIONS
2 BETWEEN VARIOUS SCHOOL CAPITAL PROJECTS
3 WITHIN THE FY 2007-08 SCHOOL CAPITAL BUDGET
4 WHEREAS, the School Board's adopted CIP included transfers between various
5 School capital projects with the FY 2007-08 School Capital Budget, and these were
6 inadvertently omitted from the adopted FY 2007-08 CIP.
7
8
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
9
VIRGINIA BEACH, VIRGINIA:
10
11
That $4,000,000 of appropriations, along with estimated
revenues, within the
12
School's Capital Improvement Program is transferred as shown below:
13
14
Transfer To:
FY 07-08
15
16
1-082 Alternative Education Facility -Phase 1
$ 300,000
17
1-085 Alternative Education Facility -Phase II
$1,200,000
18
1-099 Renovations & Replacements- Grounds Phase II
$ 350,000
19
1-232 Tennis Court Renovations
$ 150,000
20
1-235 Windsor Oaks Elementary School Replacement
$2,000,000
21
22
Total
$4,000.000
23
M
24
Transfer From:
25
26
1-018 Newtown Road Elementary School Replacement
$ 750,000
27
1-075 Elementary School 2007-08
$ 750,000
28
1-078 School Bus Garage Facility Replacement/Expansion
$ 500,000
29
1-234 Virginia Beach Middle School Replacement
$2,000,000
30
31
Total
$4,000.000
32
33
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day
34
of , 2007.
APPROVED AS TO CONTENT:
Managerdent Pervices
CA10458
R-2
July 11, 2007
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $450,000 from the United States
Department of Homeland Security to the Police Department's FY 2007- 08
Operating Budget for the Purchase of Two 34' Police Patrol Vessels and a
Triple Axle Trailer
MEETING DATE: July 17, 2007
■ Background: The 2007 Port Security Grant Program is funded by the United States
Department of Homeland Security as part of the 2007 Infrastructure Protection Program. The
purpose of the funding is to enhance the ability to prevent, detect, respond to and recover from
attacks on the port systems.
The Port Security Grant Program will fund the purchase of two aluminum hull rigid inflatable
boats equipped with twin 275 four-stroke outboard engines, and related equipment. This grant
will also fund the purchase of a 12,000 Ib. capacity triple axle trailer. This equipment will allow
the VBPD to more effectively patrol security zones within the Port of Hampton Roads, improve
dive team training, and give assistance to other agencies.
■ Considerations: This grant will allow replacement of vessels in the Marine Patrol fleet
that are outdated and ill-equipped, and allow for a year-round law enforcement platform. There
is a $150,000 local match requirement for this grant, which is available within the FY 2007-08
Reserve for Contingencies. The balance in the Regular - Reserve for Contingencies account
after the Council action will be $1,650,000.
■ Public Information: Public information will be provided through the normal Council
Agenda process.
■ Alternatives: This grant provides funding to address the Police Department's
equipment needs. These vessels will be replacing existing vessels that are at the end of their
service life and need to be removed from the City's inventory.
■ Recommendations: It is recommended that Council accept and appropriate the grant
award of $450,000 for the purchase of two 341 Police patrol vessels.
■ Attachment: Ordinance and Award Allocation Announcement
Recommended Action: Approval
Submitting Department/Agency: Police Department -0
City Manager. �, n
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $450,000
2 FROM THE UNITED STATES DEPARTMENT OF
3 HOMELAND SECURITY TO THE POLICE DEPARTMENT'S
4 FY 2007- 08 OPERATING BUDGET FOR THE PURCHASE
5 OF TWO 34' POLICE PATROL VESSELS AND A TRIPLE
6 AXLE TRAILER
7
8 WHEREAS, the Police Department has identified $150,000 within the FY 2007-08
9 Reserve for Contingencies for the cash match for the purchase of two 34' Police Patrol
10 vessels and a triple axle trailer; and
11 -
12 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14
15 That $450,000 is hereby accepted from the United States Department of Homeland
16 Security and hereby appropriated to the Police Department's FY 2007-08 Operating
17 Budget for the purchase of two 34' Police patrol vessels and a triple axel trailer, with
18 federal revenue increased accordingly.
19
20 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
21 , 2007.
22
23 Requires an affirmative vote by a majority of the members of the City Council.
APPROVED AS TO CONTENT:
anagem t S rvices
CA10451
R-2
July 3, 2007
APPROVED AS TO LEGAL
SUFFICIENCY:
�d
City Attorney's Off
Fiscal Year 2007 Port Security Grant Program (PSGP) Award Allocation, Tiers 1, 2, 3, 4
May 2007
611i BFAC
:2 5j
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $45,000 from the Department of
Homeland Security to the Fire Department's FY 2007-2008 Operating Budget for the
Citizen Corps Council
MEETING DATE: July 17, 2007
■ Background: The Citizen Corps Council (CCC) and Community Emergency
Response Team (CERT) programs were established in the summer of 2002 as part of
the Homeland Security initiative. The local CCC is a committee supporting the CERT
program, the Medical Reserve Corps and the Neighborhood Watch program. These
programs all utilize volunteers as their primary workforces and interact with various City
departments.
The CERT utilizes local volunteers to support community emergency
preparedness efforts and provide basic emergency intervention. The use of CERT
volunteers during Hurricane Isabel in September 2003 was widely applauded as an
effective extension of City services. CERT volunteers offer residents assistance to
prepare for and deal with the effects of a disaster. The ongoing disasters created by
Hurricane Katrina and Rita are visible examples of events that utilize extensive CERT
resources.
■ Considerations: This grant is awarded by the Department of Homeland
Security and provides funding to continue the Virginia Beach CCC and CERT programs
for a fifth year. Funding supports recruitment and advertising activities, training of
CERT volunteers, and providing basic personal protective equipment and supply kits to
successful CERT graduates. Over 250 people have been trained as CERT volunteers.
CERT Team coordinators plan to recruit 100 new volunteers in the coming year.
Funding for CCC supports local planning efforts covering the broader umbrella for all
volunteer -based homeland security programs.
■ Public Information: Public Information will be handled through the normal
council agenda process.
■ Attachments: Ordinance
Recommended Action: Approve
Submitting Department/Agency: Fire Department
City Manager. t�- .
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $45,000 FROM THE DEPARTMENT OF HOMELAND
3 SECURITY TO THE FIRE DEPARTMENT'S FY 2007-08
4 OPERATING BUDGET FOR THE CITIZEN CORPS
5 COUNCIL
6
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 1) That $45,000 in additional federal revenue is hereby accepted from the
12 Department of Homeland Security and appropriated to the FY 07-08
13 Operating Budget of the Fire Department to cover costs associated with the
14 Citizen Corps Council; and
15
16 2) That estimated revenue from the Federal Government in the FY 2007-08
17 operating budget is increased by $45,000.
18
19 Adopted by the Council of the City of Virginia Beach, Virginia on the day of
20 , 2007.
21
22 Requires an affirmative vote by a majority of the members of the City Council.
APPROVED AS TO CONTENT:
Managemerd Se ices
CA10453
R-3
July 5, 2007
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
%
���Mwvf�a
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer $233,000 from the FY 2007-08 Reserve for Contingencies to
CIP Project #3-359 — Building Modernization, Renewals and Replacements (Partial) for
Renovations to the Old Holding Cells and the Installation of a Fire Suppression System
in the Public Safety Building
MEETING DATE: July 17, 2007
■ Background: CIP Project #3-359 - Building Modernization, Renewals and
Replacements (Partial) was created in the FY 2005-06 CIP Budget to address building issues
where modernization, renewal and/or replacements have been identified for smaller facilities.
The first project planned was the renovation of the ground floor of the Police Department's
Public Safety Building at the Municipal Center, with an estimated cost of $590,000. The project
was designed to construct a large meeting/training area to accommodate a minimum of 60
people, a small kitchen area, and other renovations needed to make the ground floor of the
building more suitable for the storage of property and evidence. The construction portion of this
project was bid, and the lowest responsive bid was $233,000 more than budgeted. Items
causing this overrun included the fire suppression system, with a cost of $166,000. This system
was added after the original scope of work was developed. Also, the renovation of the old
holding cells into more efficient storage areas was added, at an additional cost of $67,000.
■ Considerations: This funding will allow for the necessary renovations of the Public
Safety Building. Funding is available within the FY 2007-08 Reserves for Contingencies. The
balance in the Regular - Reserve for Contingencies account after the Council action will be
$1,417,000.
■ Public Information: Public information will be provided through the normal Council
agenda process.
■ Alternatives: The department could reduce the scope of the project to eliminate the
need for additional funding.
■ Attachment: Ordinance
Recommended Action: Approval
Submitting Department/Aency: Police Department
%
City Manager: 7, ,
1 AN ORDINANCE TO TRANSFER $233,000 FROM THE FY
2 2007-08 RESERVE FOR CONTINGENCIES TO CIP
3 PROJECT #3-359 — BUILDING MODERNIZATION,
4 RENEWALS AND REPLACEMENTS (PARTIAL) FOR
5 RENOVATIONS TO THE OLD HOLDING CELLS AND THE
6 INSTALLATION OF A FIRE SUPPRESSION SYSTEM IN
7 THE PUBLIC SAFETY BUILDING
8 WHEREAS, the Police Department has identified $233,000 within the FY 2007-08
9 Reserve for Contingencies for renovations to the old holding cells and the installation of a
10 fire suppression system related to the renovation of the ground floor of the Public Safety
11 Building Renovation Project.
12
13 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15
16 That $233,000 is hereby transferred from the FY 2007-08 Reserve for
17 Contingencies to CIP #3-359 — Building Modernization, Renewals and Replacements
18 (Partial) for renovations to the old holding cells and the installation of a fire suppression
19 system related to the renovation of the ground floor of the Public Safety Building
20 Renovation Project.
21
22 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
23 , 2007.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Manage ent ervices
CA10455
R-2
July 5, 2007
City Attorney's OfficO
rte: r�i.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate $137,000 from the Oyster Heritage Trust Fund
to the Department of Planning and Community Development FY 2007-08
Operating Budget for the Construction of Oyster Reefs in the Lynnhaven
Watershed and to Continue the Oyster Shell Recycling Program
MEETING DATE: July 17, 2007
■ Background: The City of Virginia Beach established an Oyster Heritage Trust Fund for
the purpose of collecting donations dedicated to the restoration of oyster habitat and oysters in
the Lynnhaven River watershed. To date, the Oyster Heritage Trust has received a total of
$479,529 in private donations. In conjunction with the Trust Fund, the Department of Planning
and Community Development has developed an Oyster Heritage Plan with the assistance of
various agencies of the Commonwealth of Virginia, the U.S. Army Corps of Engineers, NOAA,
Lynnhaven River NOW, and the Chesapeake Bay Foundation. A total of $168,000 has been
appropriated to date from the Trust Fund to develop the plan and has resulted in the
identification of multiple sites in the Lynnhaven River watershed for construction and seeding of
oyster reefs. These efforts began in the summer of 2002 and have resulted in the construction
of over 10 acres of oyster habitat. The U.S. Army Corps of Engineers has acquired federal
Chesapeake Bay oyster restoration funding for the next two fiscal years, exceeding $2 million
and dedicated to the Lynnhaven watershed. Concurrently, the Lynnhaven River NOW group
has obtained a grant to construct an additional reef in the Lynnhaven River watershed and has
developed a model oyster shell recycling program in partnership with the City, the first of its kind
in the Commonwealth.
■ Considerations: City staff has been working to develop a cost sharing arrangement as
part of the Oyster Heritage Plan which accomplishes multiple outcomes. First, the completion of
previous oyster reef projects established a sound model for future oyster reef restoration efforts
in the Lynnhaven watershed. Second, the ongoing Oyster Heritage Plan represents a
significant effort by the City to continue to address restoration of the environmental quality of the
Lynnhaven River watershed and shows local commitment to achieving the objectives of the
Chesapeake 2000 agreement. This agreement is dedicated to restoring the health of the Bay.
Third, this year's proposed oyster heritage projects link directly to an integrated strategy that is
being developed for environmental restoration of the Lynnhaven by working to prioritize
restoration efforts for areas of the watershed that exhibit the least severe water quality
problems.
As a result of new research, the Lynnhaven watershed has been recognized as a prime spot for
oyster restoration for the entire Chesapeake Bay because it is a trap estuary with high salinity,
had historically high populations of native oysters, and has considerably higher oyster
recruitment today than many other sites in the Chesapeake Bay.
This year's project consists of three parts:
(1) The continuation of a pilot oyster shell education and recycling program initiated last
year between the Lynnhaven River NOW community watershed organization and local
restaurants to reclaim shell destined for the City landfill for reuse in creating additional
oyster habitat after proper curing;
(2) Providing funding assistance to the Lynnhaven River NOW organization for the
construction of reef as habitat for native oysters adjoining one of the marsh islands near
Long Creek channel in Lynnhaven Bay (see attached map of project location),
anticipated to be completed this year; and
(3) Providing funding assistance to the Virginia Marine Resources Commission which will
provide cash matching funds to augment the Commonwealth's match of oyster shell to
the Corps of Engineers to undertake the construction of approximately 111 acres of
reefs as habitat for native oysters in the Lynnhaven (see attached map of project
locations). Construction of the reefs using fossilized oyster shell is expected to begin in
July or August 2007. The reefs will be seeded with wild stock Lynnhaven spat -on -shell
oysters in later summer 2007, and the Corps anticipates that the first spat set will occur
in 2008.
The total cost of this year's proposed Oyster Heritage projects in the Lynnhaven River
watershed is $137,000.
■ Public Information: Public information will be provided through the normal Council
Agenda process.
■ Alternatives: Alternatives to this approach considered by staff included a "No Action
Alternative" and several less comprehensive oyster reef project alternatives. These alternatives
were not deemed to accomplish the intent of the project inasmuch as they were less likely to
garner strong support at the state or Corps level, were less likely to best utilize available funding
assistance, or because they did not allow for accomplishing multiple outcomes.
■ Attachments: Ordinance and Maps (2)
Recommended Action: Approval
Submitting Department/Agency: Department of Planning and Community Developme
City Manager: r
)L, t'��L
1 AN ORDINANCE TO APPROPRIATE $137,000 FROM THE
2 OYSTER HERITAGE TRUST FUND TO THE DEPARTMENT
3 OF PLANNING AND COMMUNITY DEVELOPMENT FY 2007-
4 08 OPERATING BUDGET FOR THE CONSTRUCTION OF
5 OYSTER REEFS IN THE LYNNHAVEN WATERSHED AND
6 TO CONTINUE THE OYSTER SHELL RECYCLING
7 PROGRAM
8
9 WHEREAS, the City wishes to provide $137,000 from the Oyster Heritage Trust
10 Fund to support the efforts of increasing oyster habitat in the Lynnhaven River watershed
11 and continuing the oyster shell recycling program being undertaken by the U.S. Army
12 Corps of Engineers, the Virginia Marine Resources Commission and Lynnhaven River
13 NOW
14
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17
18 That $137,000 is hereby appropriated from the Oyster Heritage Trust Fund to the
19 Department of Planning and Community Development's FY 2007-08 Operating Budget for
20 the construction of Oyster Reefs in the Lynnhaven River watershed, and to continue the
21 Oyster Shell Recycling Program.
22
23 Requires an affirmative vote by a majority of the members of the City Council.
24
25 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
26 , 2007.
APPROVED AS TO CONTENT:
anage ent Services
CA10452
R-2
July 3, 2007
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
L y'1y�N.fiJ J
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $38,521 from the Virginia Aquarium and Marine
Science Center Foundation to the FY 2007-08 Operating Budget of the Virginia
Aquarium Special Revenue Fund to Provide Record Keeping Services for the Living and
Non -Living Object Collection
MEETING DATE: July 17, 2007
■ Background: The Virginia Aquarium & Marine Science Center has over 5,000 live
animals and hundreds of non -living objects in its collection. Professional standards require
extensive record keeping from the moment an animal or object is received, until its final
disposition is settled. For the animal collection, records on an animal's origin, behavior, feeding,
medications, veterinarian exams, training, and necropsy results (when appropriate) are kept. In
the beginning, curators kept records for their own areas, and as a result much variation existed
in the documentation. Accurate records are necessary for accreditation in professional
organizations such as the Association of Zoos & Aquariums and the Alliance of Marine Mammal
Parks and Aquariums.
■ Considerations: As both the animal and object collection are owned by the Virginia
Aquarium & Marine Science Center Foundation, the person responsible for accurate collection
records, the Registrar, is devoted entirely to Foundation interests, and is therefore funded by the
Foundation. Over the past few years, the Foundation has employed a part-time person to
manage and maintain these essential records. While the system of record keeping has been
stabilized, there is still much work to be done. Nearly 100 pages of records are produced each
week at the Aquarium. The renovation will place even more demands on the Registrar, as
exotic species with more stringent record requirements will be introduced for the first time into
the collection. This existing part-time position has become invaluable to the Foundation and the
Aquarium, as it is in all major zoos and aquariums. The need is apparent to hire a full-time
individual to manage the Aquarium's growing collection records and to meet the professional
record keeping standards set forth by professional organizations.
The Department of Museums requests that one Exhibits Technician I be added to their FY
2007-08 budget. Since all salary and associated benefit costs ($38,521) will be reimbursed by
the Foundation, this request represents no cost to the City. This position will continue regardless
of funding sources through Foundation revenues.
■ Public Information: Public information will be provided through the normal Council
agenda process.
■ Recommendations: Approval of additional FTE for record keeping services as an
Exhibits Technician 1.
■ Attachments: Ordinance and Commitment letter from Foundation
Recommended Action: Approval of ordinance `
Submitting Department/Agency: Department of Museums
City Manager. � �Oft
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $38,521 FROM THE VIRGINIA AQUARIUM AND
3 MARINE SCIENCE CENTER FOUNDATION TO THE
4 FY 2007-08 OPERATING BUDGET OF THE VIRGINIA
5 AQUARIUM SPECIAL REVENUE FUND TO PROVIDE
6 RECORD KEEPING SERVICES FOR THE LIVING
7 AND NON -LIVING OBJECT COLLECTION
8
9 WHEREAS, the Virginia Aquarium and Marine Science Center Foundation ("the
10 Foundation") has pledged to reimburse the City for the cost of one additional full-time
11 exhibits technician in the Virginia Aquarium and Marine Science Center;
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15
16 1. That $38,521 in anticipated revenue is hereby accepted from the Virginia
17 Aquarium and Marine Science Center Foundation and appropriated to the FY 2007-08
18 Operating Budget of the Department of Museums for record keeping of living and non -
19 living objects, with revenue from local sources increased accordingly.
20
21 2. That one full-time equivalent exhibits technician position is hereby added to
22 the FY 2007-08 Operating Budget of the Department of Museums, provided that
23 continuing this position in future budget years is contingent upon future funding from the
24 Foundation.
25
26 Requires an affirmative vote by a majority of the members of the City Council.
27
28 Adopted by the Council of the City of Virginia Beach, Virginia on the day
29 of , 2007.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
CA10454
R-2
July 5, 2007
City Attorney's OflVe
VIRGINIA
AQUARIUM
6 MARINE SCIENCE CENTER
April 4, 2007
Mr. Jim Spore, City Manager
City of Virginia Beach
Municipal Center, Building 1
2401 Courthouse Drive
Virginia Beach, VA 23456
Dear Mr. Spore,
This letter serves as confirmation that the Virginia Aquarium & Marine Science
Center Foundation, Inc. (Foundation) guarantees continued funding to the City of
Virginia Beach for all costs associated with the full-time Exhibits Technician I position
currently requested through the City agenda process. In order to be in compliance with
professional collection record keeping standards as well as federal permitting
requirements, a full-time Registrar position is needed to manage the Aquarium's growing
collection records. The Foundation Executive Committee approved ongoing funding for
this position in current and future budget years.
I would be happy to discuss this with you further should you have any questions
or need additional information. Thank you.
Wid Regards,
Mr. Tho E. Fr 'm, resident
VIRGINIA AQUARIUM & MARINE SCIENCE CENTER FOUNDATION
717 GENERAL BOOTH BOULEVARD, SUITE 1, VIRGINIA BEACH, VIRGINIA 23451
phone 757-437-6010 • fax 757-437.4975
K. PLANNING
1. Applications of VIRGINIA BEACH CITY PUBLIC SCHOOLS (VBSPC) for the
discontinuance, closure and abandonment of the following portions of streets:
DISTRICT 6 — BEACH
a. 25th Street west of Cypress Avenue
b. Parks Avenue at 24th Street and 25th Street
c. Alleys on the east of Parks Avenue, north of 24th Street and south of 25th Street
d. Alleys east of Cypress Avenue, west of Mediterranean Avenue, east of Cypress Avenue,
north of 24th Street, south of 25th Street
RECOMMENDATION
STAFF RECOMMENDATION
APPROVAL
INDEFINITE DEFERRAL
2. Application of UNION BAPTIST CHURCH for a Modification of Conditions of a
Conditional Use Permit (approved by City Council on October 17, 1995 and modified on
March 22, 2005) re addition of a sanctuary instead of a multi-purpose center on the north
side of the existing structure at 4608 South Boulevard DISTRICT 3 — ROSE HALL
RECOMMENDATION
APPROVAL
3. Application of NEW BEGINNINGS OUTREACH MINISTRIES, INC. for a Conditional
Use Permit re a church at 1409-B Lynnhaven Parkway DISTRICT 3 — ROSE HALL
RECOMMENDATION APPROVAL
4. Ordinances to AMEND the City Zoning Ordinance (CZO):
a. §§111, 203, 211, 230, 401, 403, 501, 601, 801, 901, 1001, 1125, 1511, 1521 and 1531 re
combining Lodges, Community Centers, Private or Athletic Clubs, Auditoriums, Arenas,
Civic or Cultural Centers, Social Centers, Eleemosynary Establishments, Assembly Halls,
Union Halls, and Bingo Halls as Assembly Uses and combining Churches, Monasteries, and
Convents as Religious Uses and making both uses Conditional in the Zoning Districts where
they are allowed and DEFINING Storefront Religious Uses and making them permitted
uses in the B-2 Business District
b. §§234, 401, 501, 601, 901, 1511, 1521 and 1531 re Home Occupations to exclude the sale,
service or repair of firearms and DELETING radio or television repair shops as an excluded
use
RECOMMENDATION APPROVAL
NOTICE OF PUBLIC HEARING
The regular meeting of the City Council of the City of Virginia Beach will be held
in the Council Chamber of the City Hall Building, Municipal Center, Virginia
Beach, Virginia, on Tuesday, .July 17, 2007 at 6:00 p.m., at
which time the following applications will be heard:
DISTRICT 6 - BEACH
Virginia Beach City Public Schools for the discontinuance, closure and
abandonment of a portion of 25th Street beginning n the west side of Cypress I
Avenue and extending approximately 560 feet to its terminus.
Virginia Beach City Public Schools for the discontinuance, closure and
abandonment of a portion of Parks Avenue beginning on the north side of 24th
Street to the south side of 25th Street.
Virginia Beach City Public Schools for the discontinuance, closure and
abandonment of alleys located in Block 135. Plat of Ridgecrest beginning on
the east side of Parks Avenue and running 365 feet in an easterly direction and
beginning on the north side of 24th Street and extending to the south side of
25th Street.
Virginia Beach City Public Schools for the discontinuance, closure and
abandonment of alleys located in Block 126, Part of Property of the Virginia
Beach Development Authority beginning on the east side of Cypress Avenue
and running in an easterly direction to the west side of Mediterranean Avenue,
beginning at a point 120 feet east of Cypress Avenue and running in a
northerly direction from the north side of 24th Street to the south side of 25th
Street, beginning at a point 120 feet west of Mediterranean Avenue from the
north side of 24th Street to the south side of 25th Street.
DISTRICT 3 - ROSE HALL
New Beginnings Outreach Ministries, Inc. Application: Conditional Use
Permit for a church at 1409.6 Lynnhaven Parkway (GPIN 1485783134).
AICUZ is 65 to 70 dB Ldn.
Union Baptist Church Application: Modification of Conditions for a
Conditional Use Permit approved by City Council on October 17, 1995 and
modified on March 22, 2005 at 4608 South Boulevard (GPIN 1477419298).
CITY OF VIRGINIA BEACH
Ordinance amending Sections 111, 203, 211, 230, 401, 403, 501, 601, 801,
901, 1001, 1125, 1511, 1521 and 1531 of the City Zoning Ordinance and
combining Lodges, Community Centers, Private or Athletic Clubs, Auditoriums,
Arenas, Civic or Cultural Centers, Social Centers, Eleemosynary
Establishments, Assembly Halls, Union Halls, and Bingo Halls as Assembly
Uses and combining Churches, Monasteries, and Convents as Religious Uses
and making both uses Conditional in the zoning districts where they are allowed
and defining Storefront Religious Uses and making them permitted uses in the
B-2 Business District.
Ordinance to amend the City Zoning Ordinance Sections 234, 401, 501, 601,
901, 1511, 1521 and 1531 pertaining to Home Occupations by excluding the
sale, service or repair of firearms and deleting radio or television repair shops!
as an excluded use.
All interested citizens are invited to attend
Ruth Hodges Fraser, MMC
City Clerk
Copies of the proposed ordinances, resolutions and amendments are
on file and may be examined in the Department of Planning or online
at http://www.vbgov.com/Ioc For information call 385-4621.
if you are physically disabled or visually impaired and need
assistance at this meeting, please call the CITY CLERK'S OFFICE
at 385-4303.
Beacon'July 1 & 8, 2007 17216213
0
#
I Date.
Descri tion
Action
1
06/23/01
Street Closure
Approved
ZONING HISTORY
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 9
r tO s
?si
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: In the matter of closing, vacating and discontinuing a portion of that
certain street known as 2e Street as shown on that certain plat entitled
"EXHIBIT `A' SHOWING A PORTION OF 25th STREET TO BE CLOSED (M.B. 7,
PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007". DISTRICT 6 —
BEACH -
MEETING DATE: July 17, 2007
■ Background:
The applicant, the School Board of the City of Virginia Beach, requests closure of
a portion of 25th Street to allow the Virginia Beach Middle School project to
proceed. The Virginia Beach Public School system will demolish and replace the
existing Virginia Beach Middle School. Apparently, at the time of construction of
the existing school and athletic fields, circa 1952, there was no requirement to
vacate and incorporate rights -of -ways into a site before construction.
■ Considerations:
The Viewers met and determined there will be no public inconvenience if this
portion of 25th Street is closed and incorporated into the school site. Staff
concludes closure of the rights-of-way, to be incorporated into the proposed
redevelopment of Virginia Beach Middle School, is acceptable with the conditions
below.
The Planning Commission placed this item on the consent agenda because the
proposed closures will not result in any public inconvenience and there was no
opposition.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
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 is
normally determined according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures," approved by City Council.
[Copies of said policy are available in the Planning Department.] No
purchase price shall be charged in this street closure, however, because the
School Board of the City of Virginia Beach is the applicant seeking this street
closure and has used the property for school purposes for over fifty (50)
years.
Virginia Beach City Public Schools — 25th Street Closure
Page 2of2
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure approval.
3. The applicant shall verify 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 rights -of -ways 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 year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Ordinance
Recommended Action: Staff recommends approval. Planning Commission recommends
approval. City Attorney's Office and also Schools recommend indefinite deferral due to title
issues that need to be resolved.
Submitting DepartmentfAgency: Planning Department
City Manager: k' `t.l
VIRGINIA BEACH
CITY PUBLIC
SCHOOLS
Agenda Item 15
June 13, 2007 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Citv of Va Beach Schools
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_Discontinuance, closure and abandonment of a portion of 25th Street beginning on the west side of
Cypress Avenue and extending approximately 560 feet to its terminus; a portion of Parks Avenue
beginning on the north side of 24th Street to the south side of 25th Street; alleys located in Block 135,
Plat of Ridgecrest beginning on the east side of Parks Avenue and running 365 feet in an easterly
direction and beginning on the north side of 24th Street and extending to the south side of 25th Street;
and, alleys located in Block 126, Part of Property of the Virginia Beach Development Authority beginning
on the east side of Cypress Avenue and running in an easterly direction to the west side of Mediterranean
Avenue, beginning at a point 120 feet east of Cypress Avenue and running in a northerly direction from
the north side of 24th Street to the south side of 25th Street, beginning at a point 120 feet west of
Mediterranean Avenue from the north side of 24th Street to the south side of 25th Street.
ADDRESS / DESCRIPTION: Property located at 600 25th Street
COUNCIL ELECTION DISTRICT:
6 -BEACH
SUMMARY OF REQUEST
The applicant requests closure of the streets and alleys to
allow the Virginia Beach Middle School project to proceed. The Virginia Beach Public School system will
demolish and replace the existing Virginia Beach Middle School. Apparently, at the time of construction of
the existing school, there was no requirement to vacate and incorporate rights -of -ways into a site before
construction. The areas to be closed include existing public alleys within the school site, a portion of 25th
Street, and Parks Avenue. Staff has included the proposed site plan and building elevations for the new
school at the end of this report.
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 1
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Virginia Beach Middle School
SURROUNDING LAND North:
. 25h Street
USE AND ZONING:
. Across 25hth Street are Single-family and duplex dwellings
South:
. 24th Street
• Across 24th Street are Single-family and duplex dwellings
East:
. Mediterranean Avenue
• Across Mediterranean Avenue are Single-family and duplex
dwellings -
West:
. City Property / P-1 Preservation District
NATURAL RESOURCE AND
The site is located within the Resource Protection and Resource
CULTURAL FEATURES:
Management Areas of the Chesapeake Bay Preservation Area. The
proposed development is currently under review in the Development
Services Center.
AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana.
Replacement of the building is considered a permitted nonconforming
use.
IMPACT ON CITY SERVICES
WATER: There are no water lines located within the proposed street closures.
SEWER: There are no sewer lines in the areas proposed for closure.
PRIVATE UTILITIES: There are no private utilities located within the proposed street closures
Recommendation: EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the conditions below.
Evaluation:
The Viewers met and determined there will be no public inconvenience if the streets and alleyways are
closed and incorporated into the site. Staff concludes closure of the rights -of -ways, to be incorporated into
the proposed redevelopment of Virginia Beach Middle School, is acceptable with the conditions below.
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 2
CONDITIONS
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 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 parcels. The plat must be submitted and approved for recordation prior to final street
closure approval.
3. The applicant shall verify 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 rights -of -ways 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 year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
NOTE. Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 3
Cl TY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 4
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CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 5
SURVEY OF AREA TO BE CLOSED
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 6
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Agenda Item 15
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Dr.3ames G. Merrill, Superintendent (757) 263-1007
Dianne P. Alexander, Clerk of the Board (757) 263-1016
2512 George Mason Drive, P.O. Box 6038, Virginia Beach, VA 23456.0038
Mr. Daniel D. "Dan" Edwards District 1 - Centerville 7 11-02 59 (cell)
Chairman July 1, 1998 - December 31, 2008 495-3551 (home)
1513 Beachview Drive 495 9576 (fax)
dedwscolLd<aaoLcom
Virginia Beach, VA 23464
Mrs. Rita Sweet Bellitto At -Large 418-0960 (cell)
Vice -Chairman July 1, 2004 - December 31, 2008 sweet4schoolstjearthllnk.net
P.Q. Box 6448
Virginia Beach, VA 23456
Mr. Todd C. Davidson
2424 Savaruiah Trail
Virginia Beach, VA 23456
Mrs. Emma L. ""Em" Davis
1125 Michaehvood Drive
Virginia Beach, VA 23452
Mrs. Patricia G. Edmonson
401-205 Barbour Point
Virginia Beach, VA 23451-1130
Mr. Edward F. Fissinger, Sr.
412 Becton Place
Virginia Beach, VA 23452
Mr. Dan R. Lowe
4617 Red Coat Road
Virginia Beach, VA 23455
Mr, Lyndon S. Remias
3225 Nansemond Loop
Virginia Beach, VA 23456
Ms. Sandra Smith -Jones
705 Rock Creek Court
Virginia Beach,'VA 23462
Mr. Michael W. Stewart
105 Brentwood Court
Virginia Beach, VA 23452
At -Large
July 1, 2006 - December 31, 2010
District 5 - lynnhaven
July 1, 2002 - December 31, 2010
District 6 - Beach
July 1, 2006 - December 31, 2010
At -Large
July 1, 2004 - December 31, 2008
District 4 - Sayside
July 1, 1998 - December 31, 2010
427-3330 (office)
285-9409 (cell)
430-6447 (fax -office)
tcdavi@verizon.net
340.8911 (home)
340-1981 (fax)
edavis209Cacox.net
428-5240 (home)
433-1987 (fax)
Pat_,;choolboard@hotmail.com
486-4567 (home)
216-3887(fax)
ed.fissinger@verizon.net
490-3681 (home)
490-9615 (fax)
drlowe2345@aol.com
District 7 - Princess Anne 630-6102 (cell)
July 1, 2006 - December 31, 2010 Lremias@yahoo.com
District 2- Kempsville 490-8167 (home)
July 1, 2004 - December 31, 2008 490-8167 (fax)
At -Large Seat vote4smith}ones@aol.coni
July 1, 2000 - June 30, 2004
District 3 - Rose Ball 498-4303 (home)
July 1, 2000 - December 31, 2008 445.4637 (office)
444-0698 (fax -office)
mrosehall@aol.com
Mrs. Carolyn D. Weems At -Large 464-6674 (home)
1420 Claudia Drive July 1, 2002 - December 31, 2010 363.8281 (fax)
Virginia Beach, VA 23455 carolyn4kids@cox.net
_AIRGINiA BEACH CITY PUBLIC SCHOOLS
AHEAD OF T71£ cuR VE
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 13
Item # 15
Virginia Beach City Public Schools
Discontinuance, closure and abandonment of a portion of
25th Street beginning on the west side of Cypress Avenue and
Extending approximately 560 feet to its terminus; a portion of
Parks Avenue beginning on the north side of 24th Street to the
South side of 25th Street,; alleys located in Block 135, Plat of
Ridgecrest beginning on the east side of Parks Avenue and running
365 feet in an easterly direction and beginning on the north side of
24th Street and extending to the south side of 25th Street; and alleys
Located in Block 126, Part of Property of the Virginia Beach -
Development Authority beginning on the east side of Cypress Avenue
And running in an easterly direction to the west side of Mediterranean
Avenue, beginning at a point 120 feet east of Cypress Avenue and
Running in a northerly direction from the north side of 24th Street to
The south side of 25th Street, beginning at a point 125 feet west of
Mediterranean Avenue from the north side of 24th Street to the south side
of 25th Street.
June 13, 2007
CONSENT
Janice Anderson: The next matter is agenda item 15. This is an application from the
Virginia Beach City Public Schools. This is for the discontinuance, closure and
abandonment of a portion of 25th Street, a portion of Parks Avenue and several associated
alleys. This is located on property on Mediterranean. This is the existing Virginia Beach
Middle School site. We have Mike Ross and Tony Arnold from the School Board here.
Thank you.
Tony Arnold: Good afternoon and thank you. Chairman Knight and members of the
Commission, my name is Tony Arnold. I'm the Director of Facilities for the School
System. I've got with me Mike Ross, Principal in Charge with HBA Architects. First the
conditions placed on the application are fine by the school division. Given the
significance of this capital project, we felt like it would be a good idea for the public to
understand what we're dong with the Virginia Beach Middle School. Beach Middle
School is our oldest middle school. It was originally built in 1952. It was the old Virginia
Beach High School. We have a capital project to replace Virginia Beach Middle School
on the existing site. As part of this project, we need to simply close the alleys that exist
underneath the existing building now, and the ball fields, as well as close part of Parks
Avenue. It's a paper street that is actually in a wetland area. Also, to close part of 25th
Street, where actually our football bleachers have sat for the better part of 30 to 40 years.
We view that as a matter of cleaning up some existing paper street issues. The capital
project will build a new three-story middle school where the current football field is
located. It is a 52 million dollar capital project. It also will create a physical link and a
programmatic link between the middle school and the contemporary art center. We're
also getting ready to break ground on improvements to Beach Garden Park, an under
Item #15
Virginia Beach City Public Schools
Page 2
utilized City park, where we would create baseball, softball and multipurpose fields.
We've partnered with your Department of Parks and Recreation on that project. We have
been in front of the Resort Advisory Commission, Design Review Committee on three
occasions. We have their support with the design of the building. Also, the Old Beach
District Design Committee, and have their support. We've been through the Board of
Zoning Appeals and got the height variance to the height of the building. We feel like
Mike from HBA Architects has really designed a wonderful Coastal -style looking school
that would blend in with the fabric of the community. We think it's a wonderful capital
project. The project itself should start later this year and finish up in 2010. I would be
happy to answer any questions Commission members may have. Thank you.
Janice Anderson: Any questions? Thank you very much for the presentation Mr. Arnold.
Tony Arnold: Thank you.
Janice Anderson: Is there any objection to this matter being placed on the consent
agenda? Mr. Chairman, I have a motion to approve the following agenda item 15.
Barry Knight: Thank you. There is a motion on the floor. I have a second by Kathy
Katsias. Is there any discussion on the consent agenda from the Commission members?
Okay. I'll call for the question.
AYE 10 NAY 0
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
LIVAS
AYE
ABS 0 ABSENT 1
REDMOND AYE
STRANGE ABSENT
WOOD AYE
Ed Weeden: By a vote of 10-0, the Board has approved item 15 for consent.
Barry Knight: Thank you Mr. Weeden.
Item #15
Virginia Beach City Public Schools
Page 3
1
2
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS 25TH STREET AS SHOWN ON
THAT CERTAIN PLAT ENTITLED "EXHIBIT 'A'
SHOWING A PORTION OF 25TH STREET TO BE
CLOSED (M.B. 7, PG. 101) VIRGINIA BEACH,
VIRGINIA JANUARY 30,2007"
WHEREAS, the School Board of the City of Virginia Beach applied to the
Council of the City of Virginia Beach, Virginia, to have the hereinafter described street
discontinued, closed, and vacated; and
18 WHEREAS, it is the judgment of the Council that said street be
19 discontinued, closed, and vacated, subject to certain conditions having been met on or
20 before one (1) year from City Council's adoption of this Ordinance;
21
22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
23 Virginia Beach, Virginia:
24
25 SECTION 1
26
27 That the hereinafter described street be discontinued, closed and vacated,
28 subject to certain conditions being met on or before one (1) year from City Council's
29 adoption of this ordinance:
30
31 All that certain piece or parcel of land situate, lying and being
32 in the City of Virginia Beach, Virginia, designated and
33 described as "PORTION OF 25TH STREET TO BE CLOSED
34 AREA = 30,543 SF OR 0.701 ACRES" shown as the
35 hatched area on that certainplat entitled: "EXHIBIT 'A'
36 SHOWING A PORTION OF 25 H STREET TO BE CLOSED
37 (M.B. 7, PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY
38 30, 2007" Scale: 1"= 50', prepared by MSA, P. C., a copy of
39 which is attached hereto as Exhibit A.
40
41
42 GPIN: 2417-89-3186
43 SECTION II
44
45 The following conditions must be met on or before one (1) year from City
46 Council's adoption of this ordinance:
47
48 1. The City Attorney's Office will make the final determination regarding
49 ownership of the underlying fee. The purchase price to be paid to the City is normally
50 determined according to the "Policy Regarding Purchase of City's Interest in Streets
51 Pursuant to Street Closures," approved by City Council. [Copies of said policy are
52 available in the Planning Department.] No purchase price shall be charged in this
53 street closure, however, because the School Board of the City of Virginia Beach is the
54 applicant seeking this street closure and has used the property for school purposes for
55 over fifty (50) years.
56
57 2. The applicant shall resubdivide the property and vacate internal lot
58 lines to incorporate the closed area into the adjoining parcels. The resubdivision plat
59 shall be submitted and approved for recordation prior to final street closure approval.
60
61 3. The applicant shall verify that no private utilities exist within the right -of -
62 way proposed for closure. Preliminary comments from the utility companies indicate
63 that there are no private utilities within the right-of-way proposed for closure. If private
64 utilities do exist, the applicant shall provide easements satisfactory to the utility
65 companies.
66
67 4. Closure of the right-of-way shall be contingent upon compliance with
68 the above stated conditions within one (1) year of approval by City Council. If all
69 conditions noted above are not in compliance and the final plat is not approved within
70 one (1) year of the City Council vote to close the street, this approval will be considered
71 null and void.
72
73 SECTION III
74
75 1. If the preceding conditions are not fulfilled on or before July 16,
76 2008, this Ordinance will be deemed null and void without further action by the City
77 Council.
78
79 2. If all conditions are met on or before July 16, 2008, the date of final
80 closure is the date the street closure ordinance is recorded by the City Attorney.
81
82 3. In the event the City of Virginia Beach has any interest in the
83 underlying fee, the City Manager or his designee is authorized to execute whatever
84 documents, if any, that may be requested to convey such interest, provided said
85 documents are approved by the City Attorney's Office.
86
87 SECTION IV
88
89 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
90 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
91 OF VIRGINIA BEACH as "Grantor" and the SCHOOL BOARD OF THE CITY OF
92 VIRGINIA BEACH as "Grantee."
93
94 Adopted by the Council of the City of Virginia Beach, Virginia, on this
95 day of , 2007.
96
97
98 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE" OF THREE-FOURTHS OF
99 ALL COUNCIL MEMBERS ELECTED TO COUNCIL. -
CA -10286
V:\amscuimmaybwproakycom32kwpd=\no25\PW2\O o3ss7a.WC
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June 25, 2007
N
APPROVED S T CONTENT:
Planning Dki5artment
APPROVED AS TO L
SUFFICIENC
City Attorney
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60 RI W) 55.00(o 6' (M CA TEDOB ��) COUNCIL
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2417-By 2543 AREA=30,543 SF
— — 2417-69-2428 / OR 0.701 ACRES
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(M. B. 7 PG 101) /
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2417-8.9-1484 /
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2417-89-0595 M.B. 7-M 101 / N 3479275.18
(D.B. 2i0B, PG 32) / E 12218142.72
EXHIBIT 'A' SHOWING / 3 PARKS A tENVE
A PORTION OF ti 1 9799 / (60 RIW)
25TH STREET PAPER STREET
TO BE CLOSED 2610' F �// ° B. 7, PG. 101
(M.B. 7, PG. 101) S 13'53'53" E N 74 3576. / M.B. 29, PG 75
VIRGINIA BEACH, VIRGINIA ys33, 24.00' (
JANUARY 30, 2007�v y}�� E` N 13'53'53" W
ML I
MITIMSA P.C.
Landscape Architecture • Planning
Surveying • Engineering
Environmental Sciences
5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708
PHO\TE (757) 490-9264 • FAX (757) 490-0634
JOB# 04005 PLAT RECORDED IN
ZONED: R5S DATE: 01-30-07 SCALE: 1"=50' DWN BY: JCA I (MB 7, PG 101)
#
I Date.
Descri tion
Action
1
06/23/01
Street Closure
I Approved
ZONING HISTORY
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 9
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: In the matter of closing, vacating and discontinuing a portion of that
certain street known as "PARKS AVENUE" and shown as "PARKS AVENUE (60'
R/W) (PAPER STREET) (M.B. 7, PG. 101) and also shown as "PORTION OF
PARKS AVENUE TO BE CLOSED AREA = 24,000 SF OR 0.551 ACRES" on that
certain plat entitled "EXHIBIT `B' SHOWING A PORTION OF PARKS AVENUE TO
BE CLOSED (M.B. 7, PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007".
DISTRICT 6 — BEACH
MEETING DATE: July 17, 2007
■ Background:
The applicant, the School Board of the City of Virginia Beach, requests closure of
Parks Avenue between 24th and 251h Streets to allow the Virginia Beach Middle
School project to proceed. The Virginia Beach Public School system will
demolish and replace the existing Virginia Beach Middle School.
■ Considerations:
The Viewers met and determined there will be no public inconvenience if this
portion of Parks Avenue is closed and incorporated into the site. Staff concludes
closure of the rights-of-way, to be incorporated into the proposed redevelopment
of Virginia Beach Middle School, is acceptable with the conditions below.
The Planning Commission placed this item on the consent agenda because the
proposed closures will not result in any public inconvenience and there was no
opposition.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
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 is
normally determined according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures," approved by City Council.
[Copies of said policy are available in the Planning Department.] No
purchase price shall be charged in this street closure, however, because the
City is the owner of the underlying fee and the School Board of the City of
Virginia Beach is the applicant seeking this street closure.
Virginia Beach City Public Schools — Parks Avenue Closure
Page 2 of 2
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure approval.
3. The applicant shall verify 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 rights -of -ways 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 year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Ordinance
Recommended Action: Staff recommends approval. Planning Commission recommends
approval. City Attorney's Office and also Schools recommend indefinite deferral due to title
issues that need to be resolved.
Submitting D artment/Agenncy: Planning Department
City Manager:
VIRGINIA BEACH
CITY PUBLIC
SCHOOLS
Agenda Item 15
June 13, 2007 Public Hearing
Staff Planner: Faith Christie
REQUEST:
"°^' "'
Citv of Ka Beach Schools
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reef Closures
Discontinuance, closure and abandonment of a portion of 25th Street beginning on the west side of
Cypress Avenue and extending approximately 560 feet to its terminus; a portion of Parks Avenue
beginning on the north side of 24th Street to the south side of 25th Street; alleys located in Block 135,
Plat of Ridgecrest beginning on the east side of Parks Avenue and running 365 feet in an easterly
direction and beginning on the north side of 24th Street and extending to the south side of 25th Street;
and, alleys located in Block 126, Part of Property of the Virginia Beach Development Authority beginning
on the east side of Cypress Avenue and running in an easterly direction to the west side of Mediterranean
Avenue, beginning at a point 120 feet east of Cypress Avenue and running in a northerly direction from
the north side of 24th Street to the south side of 25th Street, beginning at a point 120 feet west of
Mediterranean Avenue from the north side of 24th Street to the south side of 25th Street.
ADDRESS / DESCRIPTION: Property located at 600 25"' Street
COUNCIL ELECTION DISTRICT:
6 -BEACH
SUMMARY OF REQUEST
The applicant requests closure of the streets and alleys to
allow the Virginia Beach Middle School project to proceed. The Virginia Beach Public School system will
demolish and replace the existing Virginia Beach Middle School. Apparently, at the time of construction of
the existing school, there was no requirement to vacate and incorporate rights -of -ways into a site before
construction. The areas to be closed include existing public alleys within the school site, a portion of 25"'
Street, and Parks Avenue. Staff has included the proposed site plan and building elevations for the new
school at the end of this report.
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 1
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Virginia Beach Middle School
SURROUNDING LAND North:
. 25h Street
USE AND ZONING:
. Across 25hth Street are Single-family and duplex dwellings
South:
. 241' Street
• Across 24h Street are Single-family and duplex dwellings
East:
. Mediterranean Avenue
• Across Mediterranean Avenue are Single-family and duplex
dwellings -
West:
. City Property/ P-1 Preservation District
NATURAL RESOURCE AND
The site is located within the Resource Protection and Resource
CULTURAL FEATURES:
Management Areas of the Chesapeake Bay Preservation Area. The
proposed development is currently under review in the Development
Services Center.
AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana.
Replacement of the building is considered a permitted nonconforming
use.
IMPACT ON CITY SERVICES
WATER: There are no water lines located within the proposed street closures.
SEWER: There are no sewer lines in the areas proposed for closure.
PRIVATE UTILITIES: There are no private utilities located within the proposed street closures
Recommendation: EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the conditions below.
Evaluation:
The Viewers met and determined there will be no public inconvenience if the streets and alleyways are
closed and incorporated into the site. Staff concludes closure of the rights -of -ways, to be incorporated into
the proposed redevelopment of Virginia Beach Middle School, is acceptable with the conditions below.
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 2
CONDITIONS
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 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 parcels. The plat must be submitted and approved for recordation prior to final street
closure approval.
3. The applicant shall verify 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 rights -of -ways 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 year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 3
CFFY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda I,em 15
Page 4
MED/T£RRANFA N AVFNU£ (60' R1 W)
(M..8 5, PC. 103)
S 135353" E S 135353' E a"+�
190.00 190.00'
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E 12219171.69 S 1553'53' E
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N 76'06'07' E S 76'06'07' W
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CITY OF VIRGINIA BEACH CYPRESS AWWC (60' R/W)
GPIN #2417-89-7221 FORMERLY CASDIAN Al§NUE)
(M.B. 115, PG. 52) (YACA 7ED BY C/TY COMM SEPT. 9 1963)
(M..8 115 PC. 52)
EXHIBIT 'D' SHOWING
PUSUCi ALLEYS. OF
BLM 128 "RsrsA�
TO BE CLOSED 7Ey
VIRGINIA EACH, VIRGINIA 1983 (H,�HAO A>F
JANUARY 30, 2007
MSA, P.C.
1.2n6SC2pe ArCMt=tL,, • PZ8nl ni
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Emironmcnui Sciences
5033 ROUSE DRIVE, 1,7RUN-M BEACH, VA 2M 62. "05
PYOKE (l.;?I.19p92" • FAX (/m avo.ocs.
JOB# 04005 PLAT RECORDED IN
ZONED: R5S DATE: 01-30-07 SCALE: 1'=60' I OWN BY: JCA (MB 5, PG 103)
SURVEY OF AREA TO BE CLOSED
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 5
SURVEY OF AREA TO BE CLOSED
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 6
s 76`06'07' w
24th SME �'T (50' R/W)
EXHIBIT '8' SHOWING
PA PORTION �
25th STREET
(FORMERLYD STREET)
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(110' R/W)
(M,B. 29, PG 75)
TO BE CLOSED
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2417-89-3186
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EXHIBIT '8' SHOWING
PA PORTION �
DENOTES PORTION OF
(FORMERLYD STREET)
�1a
PARKS AVENUE
(M,B. 29, PG 75)
TO BE CLOSED
(M.S. 7, PG. 101)
TO BE CLOSED
AREA=24,000 SF
CITY OF VIRGINIA BEACH
m
OR 0.551 ACRES
2417-88-1818
(D.B. 495, PG. 445)
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EXHIBIT '8' SHOWING
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(FORMERLYD STREET)
(80' RI W)
(M,B. 29, PG 75)
TO BE CLOSED
(M.S. 7, PG. 101)
(#87, PG. 107)
VIRGINIA BEACH. VIRGINIA
JANUARY 30, 2007
Iands=pcA rcl±itectute-Plarsning
' Surveying. Engineering
Environmental Scents
5033 ROUSEDFUM 17RGLV2i MLC4, VA 23461-3]G
PF10AE (757) 490.9264 • FAX (7514MO534
JOBS} 04005 PLAT RECORDED IN
ZONED: R55 DATE 01-30-07 1 SCALE 1-=50' 1 DwN BY: JCA (MB 7, PG 101)
SURVEY OF AREA TO BE CLOSED
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 7
JOB$ 04005
ZONED: R55
CITY OF VIRGINIA BEACH
GPIN #2417-89-7221
(M.S. 115, PG. 52)
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CYPRESS' AVENUE (60' R11W)
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CITY OF VIRGINIA BEACH
GPIN #2417-89-3186
(M.B. 7. PG. 109)
CITY OF VIRGINIA BEACH
GPIN $2417-89-3186
(M.S. 7, PG. 101)
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CITY OF VIRGINIA BEACH
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®DENOTES PORTION OF
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TO BE CLOSED
AREA -7,650 SF
OR 0.176 ACRES
SURVEY OF AREA TO BE CLOSED
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 8
P/'1WJ AWVUE (so')? N 133S5S W
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CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
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goo6 2407scHooL_BoARD,.oF rHEct7y01yrRGrNIA:BE4CH
Dr. James G. Merrill, Superintendent (757) 263.1007
Dianne P. Alexander, Clerk of the Board (757) 263-1016
2512 George Mason Drive, P.O. Box 6038, Virginia Beach, VA 23456.0038
Mr. Daniel D. "Dan" Edwards District i - Centerville 717-0259 (cell)
Chairman July 1, 1998 - December 31, 2008 495-3551 (home)
495-9576 (fax)
1513 BepchAew Drive dedwscolt)d;Paoi.corn
Virginia Beach, VA 23464
Mrs. Rita Sweet Bellitto At -Large 418 0960 (cell)
Vice -Chairman July 1, 2004 - December 31, 2008 sweetelschoolS'`earthlink. net
P.O- Box 6448
Virginia Beach, VA 23456
Mr. Todd C. Davidson
2424 Szvannah Trail
Virginia Beach, VA 23456
Mrs. Emma L "Em" Davis
1125 Michaelwood Drive
Virginia Beach, VA 23452
Mrs. Patricia G. Edmonson
401-205 Harbour Point
Virginia Beach, VA 23451-7130
Mr. Edward F. Fissinger, Sr.
412 Becton Place
Virginia Beach, VA 23452
Mr. Dan R. Lowe
4617 Red Coat Road
Virginia Beach, VA 23455
Mr. Lyndon S. Remias
3225 Nansemond Loop
Virginia Beach, VA 23456
Ms. Sandra Smith -Jones
705 Rode Creek Court
Virginia Beach,'VA 23462
Mr. Michael W. Stewart
10S Brentwood Court
Virginia Beach, VA 23452
At -Large
July 1, 2006 - December 31, 2010
District 5 - Lynnhaven
July 1, 2002 - December 31, 2010
District 6 - Beach
July 1, 2006 - December 31, 2010
At -Large
July 1, 2004 - December 31, 2008
District 4 - 8ayside
July 1, 1998 - December 31, 2010
427-3330 (office)
285-9409 (cell)
430.6447 (fax -office)
tcdavi@verizon.net
340-8911 (home)
340.1981 (fax)
edavis209@cox.net
428-5240 (home)
431-1987 (fax)
Pat-schoolboard@hotmail. Com
486-4567 (home)
216-3887 (fax)
ed.Fissinger@verizon.net
490-3681 (home)
490-9615 (fax)
drtowe2345@aol.corn
District 7 - Princess Anne 630-6102 (cell)
July 1, 2006 - December 31, 2010 Lremias@yahoo.com
District 2 - Kempsville 490-8167 (home)
July 1, 2004 - December 31, 2008 490-8167 (fax)
At -Large Seat vote4smithjones@aol.com
July 1, 2000 - June 30, 2004
District 3 - Rose Hall 498-4303 (home)
July 1, 2000 - December 31, 2008 445.4637 (office)
444-0698 (fax -office)
mrosehall@aol.com
Mrs. Carolyn D. Weems At -Large 464.6674 (home)
1420 Claudia Drive July 1, 2002 - December 31, 2010 363.8281 (fax)
Virginia Beach, VA 23455 carolyn4kids@cox.net
_0 RGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF Ttir cunvc
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 13
Item #15
Virginia Beach City Public Schools
Discontinuance, closure and abandonment of a portion of
25th Street beginning on the west side of Cypress Avenue and
Extending approximately 560 feet to its terminus; a portion of
Parks Avenue beginning on the north side of 24th Street to the
South side of 25th Street,; alleys located in Block 135, Plat of
Ridgecrest beginning on the east side of Parks Avenue and running
365 feet in an easterly direction and beginning on the north side of
24th Street and extending to the south side of 25th Street; and alleys
Located in Block 126, Part of Property of the Virginia Beach -
Development Authority beginning on the east side of Cypress Avenue
And running in an easterly direction to the west side of Mediterranean
Avenue, beginning at a point 120 feet east of Cypress Avenue and
Running in a northerly direction from the north side of 24th Street to
The south side of 25th. Street, beginning at a point 125 feet west of
Mediterranean Avenue from the north side of 24th Street to the south side
of 25th Street.
June 13, 2007
CONSENT
Janice Anderson: The next matter is agenda item 15. This is an application from the
Virginia Beach City Public Schools. This is for the discontinuance, closure and
abandonment of a portion of 25th Street, a portion of Parks Avenue and several associated
alleys. This is located on property on Mediterranean. This is the existing Virginia Beach
Middle School site. We have Mike Ross and Tony Arnold from the School Board here.
Thank you.
Tony Arnold: Good afternoon and thank you. Chairman Knight and members of the
Commission, my name is Tony Arnold. I'm the Director of Facilities for the School
System. I've got with me Mike Ross, Principal in Charge with HBA Architects. First the
conditions placed on the application are fine by the school division. Given the
significance of this capital project, we felt like it would be a good idea for the public to
understand what we're dong with the Virginia Beach Middle School. Beach Middle
School is our oldest middle school. It was originally built in 1952. It was the old Virginia
Beach High School. We have a capital project to replace Virginia Beach Middle School
on the existing site. As part of this project, we need to simply close the alleys that exist
underneath the existing building now, and the ball fields, as well as close part of Parks
Avenue. It's a paper street that is actually in a wetland area. Also, to close part of 25th
Street, where actually our football bleachers have sat for the better part of 30 to 40 years.
We view that as a matter of cleaning up some existing paper street issues. The capital
project will build a new three-story middle school where the current football field is
located. It is a 52 million dollar capital project. It also will create a physical link and a
programmatic link between the middle school and the contemporary art center. We're
also getting ready to break ground on improvements to Beach Garden Park, an under
Item # 15
Virginia Beach City Public Schools
Page 2
utilized City park, where we would create baseball, softball and multipurpose fields.
We've partnered with your Department of Parks and Recreation on that project. We have
been in front of the Resort Advisory Commission, Design Review Committee on three
occasions. We have their support with the design of the building. Also, the Old Beach
District Design Committee, and have their support. We've been through the Board of
Zoning Appeals and got the height variance to the height of the building. We feel like
Mike from HBA Architects has really designed a wonderful Coastal -style looking school
that would blend in with the fabric of the community. We think it's a wonderful capital
project. The project itself should start later this year and finish up in -2010. I would be
happy to answer any questions Commission members may have. Thank you.
Janice Anderson: Any questions? Thank you very much for the presentation Mr. Arnold.
Tony Arnold: Thank you.
Janice Anderson: Is there any objection to this matter being placed on the consent
agenda? Mr. Chairman, I have a motion to approve the following agenda item 15.
Barry Knight: Thank you. There is a motion on the floor. I have a second by Kathy
Katsias. Is there any discussion on the consent agenda from the Commission members?
Okay. I'll call for the question.
Ed Weeden: By a vote of 10-0, the Board has approved item 15 for consent.
Barry Knight: Thank you Mr. Weeden.
AYE 10 NAY 0 ABS 0 ABSENT 1
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
STRANGE
ABSENT
WOOD
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item 15 for consent.
Barry Knight: Thank you Mr. Weeden.
Item #15
Virginia Beach City Public Schools
Page 3
17
2 IN THE MATTER OF CLOSING, VACATING AND
3 DISCONTINUING A PORTION OF THAT CERTAIN
4 STREET KNOWN AS "PARKS AVENUE" AND
5 SHOWN AS "PARKS AVENUE (60' RNV) (PAPER
6 STREET) (M.B. 7, PG. 101) AND ALSO SHOWN AS
7 "PORTION OF PARKS AVENUE TO BE CLOSED
8 AREA = 24,000 SF OR 0.551 ACRES" ON THAT
9 CERTAIN PLAT ENTITLED "EXHIBIT 'B' SHOWING
10 A PORTION OF PARKS AVENUE TO BE CLOSED
11 (M.B. 7, PG. 101) VIRGINIA BEACH, VIRGINIA
12 JANUARY 30, 2007"
13
14 WHEREAS, the School Board of the City of Virginia Beach applied to the
15 Council of the City of Virginia Beach, Virginia, to have the hereinafter described street
16 discontinued, closed, and vacated; and
17
18 WHEREAS, it is the judgment of the Council that said street be
19 discontinued, closed, and vacated, subject to certain conditions having been met on or
20 before one (1) year from City Council's adoption of this Ordinance;
21
22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
23 Virginia Beach, Virginia:
24
25 SECTION 1
26
27 That the hereinafter described street be discontinued, closed and vacated,
28 subject to certain conditions being met on or before one (1) year from City Council's
29 adoption of this ordinance:
30
31 All that certain piece or parcel of land situate, lying and being
32 in the City of Virginia Beach, Virginia, designated and
33 described as "PARKS AVENUE (60' RNV) (PAPER
34 STREET) (M.B. 7, PG. 101)" and also shown as "PORTION
35 OF PARKS AVENUE TO BE CLOSED AREA = 24,000 SF
36 OR 0.551 ACRES" shown as the hatched area on that
37 certain plat entitled: "EXHIBIT 'B' SHOWING A PORTION
38 OF PARKS AVENUE TO BE CLOSED (M.B. 7, PG. 101)
39 VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007" Scale:
40 1"= 50', prepared by MSA, P. C., a copy of which is attached
41 hereto as Exhibit A.
42
43 GPIN: 2417-89-3186,2417-88-1818
44 SECTION II
45
46 The following conditions must be met on or before one (1) year from City
47 Council's adoption of this ordinance:
48
49 1. The City Attorney's Office will make the final determination regarding
50 ownership of the underlying fee. The purchase price to be paid to the City is normally
51 determined according to the "Policy Regarding Purchase of City's Interest in Streets
52 Pursuant to Street Closures," approved by City Council. [Copies of said policy are
53 available in the Planning Department.] No purchase price shall be charged in this
54 street closure, however, because the City is the owner of the underlying fee and the
55 School Board of the City of Virginia Beach is the applicant seeking this street closure.
56
57 2. The applicant shall resubdivide the property and vacate internal lot
58 lines to incorporate the closed area into the adjoining parcels. The resubdivision plat
59 shall be submitted and approved for recordation prior to final street closure approval.
60
61 3. The applicant shall verify that no private utilities exist within the right -of -
62 way proposed for closure. Preliminary comments from the utility companies indicate
63 that there are no private utilities within the right-of-way proposed for closure. If private
64 utilities do exist, the applicant shall provide easements satisfactory to the utility
65 companies.
66
67 4. Closure of the right-of-way shall be contingent upon compliance with
68 the above stated conditions within one (1) year of approval by City Council. If all
69 conditions noted above are not in compliance and the final plat is not approved within
70 one (1) year of the City Council vote to close the street, this approval will be considered
71 null and void.
72
73 SECTION III
74
75 1. If the preceding conditions are not fulfilled on or before July 16,
76 2008, this Ordinance will be deemed null and void without further action by the City
77 Council.
78
79 2. If all conditions are met on or before July 16, 2008, the date of final
80 closure is the date the street closure ordinance is recorded by the City Attorney.
81
82 3. In the event the City of Virginia Beach has any interest in the
83 underlying fee, the City Manager or his designee is authorized to execute whatever
84 documents, if any, that may be requested to convey such interest, provided said
85 documents are approved by the City Attorney's Office.
86
87 SECTION IV
88
89
90
91
92
93
94
95
96
97
98
99
A certified copy of this Ordinance shall be filed in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
OF VIRGINIA BEACH as "Grantor" and the SCHOOL BOARD OF THE CITY OF
VIRGINIA BEACH as "Grantee."
Adopted by the Council of the City of Virginia Beach, Virginia, on this
day of , 2007.
THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF_THREE-FOURTHS OF
ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
CA -10285
V:\appliatim\cirylawprod�c c 2\Wpd=\D025\pw2\ow35877.DOC
R-1
June 25, 2007
3
APPR D As TO NTENT:
Planning De artmen
APPROVED GAL
SUFF
City Attorney
25th STREET
(110' RIW�
(M. B. 7, PG. 101)
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(� DENOTES PORTION OF
PARKS AVENUE
TO BE CLOSED
CITY OF VIRGINIA BEACH - AREA=24,000 SF
2417-88-1818 OR 0.551 ACRES
(D.B. 495, PG. 445) � IC
(M.B. 36, PG. 40)
sz! IS
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S 76.06'07" w EXHIBIT B' SHOWING
24th STREET (50' RIW� A PORTION OF 24th STREET
(FORMERL Y D STREET) PARKS AVENUE (80' RIW)
(M. B. 29, PG 75) TO BE CLOSED (M. B. 7, PG. 101)
(M.B. 7, PG. 101)
VIRGINIA BEACH, VIRGINIA
JANUARY 30, 2007
MS. P.C.
Landscape Architecture • Planning
110% 1 Surveying • Engineering
Environmental Sciences
5033 ROUSE DRIVE, VIRGI,NIA BEACH, VA 23462-3708
PHONE (757) 490-9264 • FAX (757) 490-0634
JOB# 04005 PLAT RECORDED IN
ZONED: R5S DATE: 01-30-07 1 SCALE: 1"=50' DWN BY: JCA (MB 7, PG 101)
ag (61
# I Date. Description Action
1 06/23/01 Street Closure Approved
ZONING HISTORY
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 9
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: In the matter of closing, vacating and discontinuing those certain
unimproved alleys known as public alleys of Block 135 as shown on that
certain plat entitled "EXHIBIT `C' SHOWING PUBLIC ALLEYS OF BLOCK 135
TO BE CLOSED (M.B. 7, PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY 30,
2007". DISTRICT 6 — BEACH
MEETING DATE: July 17, 2007
■ Background:
The applicant, the School Board of the City of Virginia Beach, requests closure of
the alleys within Block 135, as shown on the "Plat of Ridgecrest" to allow the
Virginia Beach Middle School project to proceed. The Virginia Beach Public
School system will demolish and replace the existing Virginia Beach Middle
School. Apparently, at the time of construction of the existing school and athletic
fields, circa 1952, there was no requirement to vacate and incorporate rights -of -
ways into a site before construction.
■ Considerations:
The Viewers met and determined there will be no public inconvenience if the
alleys are closed and incorporated into the site. Staff concludes closure of the
rights -of -ways, to be incorporated into the proposed redevelopment of Virginia
Beach Middle School, is acceptable with the conditions below.
The Planning Commission placed this item on the consent agenda because the
proposed closures will not result in any public inconvenience and there was no
opposition.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
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 is
normally determined according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures," approved by City Council.
[Copies of said policy are available in the Planning Department.] No
purchase price shall be charged in this street closure, however, because the
School Board of the City of Virginia Beach is the applicant seeking this street
closure and has used the property for school purposes for over fifty (50)
years.
Virginia Beach City Public Schools — Block 135
Page 2 of 2
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure approval.
3. The applicant shall verify 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 rights -of -ways 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 year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Ordinance
Recommended Action: Staff recommends approval. Planning Commission recommends
approval. City Attorney's Office and also Schools recommend indefinite deferral due to title
issues that need to be resolved.
Submitting DepartmentfAgency: Planning Department
City Manager: 1L
VIRGINIA BEACH
CITY PUBLIC
SCHOOLS
Agenda Item 15
June 13, 2007 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Citv of Va Beach Schools
A-36 i L t - S f V j r t tfl�i
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P-I.� 'ao.5�wt try? z3rd STi�
reef Ctosures
Discontinuance, closure and abandonment of a portion of 25th Street beginning on the west side of
Cypress Avenue and extending approximately 560 feet to its terminus; a portion of Parks Avenue
beginning on the north side of 24th Street to the south side of 25th Street; alleys located in Block 135,
Plat of Ridgecrest beginning on the east side of Parks Avenue and running 365 feet in an easterly
direction and beginning on the north side of 24th Street and extending to the south side of 25th Street;
and, alleys located in Block 126, Part of Property of the Virginia Beach Development Authority beginning
on the east side of Cypress Avenue and running in an easterly direction to the west side of Mediterranean
Avenue, beginning at a point 120 feet east of Cypress Avenue and running in a northerly direction from
the north side of 24th Street to the south side of 25th Street, beginning at a point 120 feet west of
Mediterranean Avenue from the north side of 24th Street to the south side of 25th Street.
ADDRESS / DESCRIPTION: Property located at 600 25th Street
COUNCIL ELECTION DISTRICT:
6 -BEACH
SUMMARY OF REQUEST
The applicant requests closure of the streets and alleys to
allow the Virginia Beach Middle School project to proceed. The Virginia Beach Public School system will
demolish and replace the existing Virginia Beach Middle School. Apparently, at the time of construction of
the existing school, there was no requirement to vacate and incorporate rights -of -ways into a site before
construction. The areas to be closed include existing public alleys within the school site, a portion of 25th
Street, and Parks Avenue. Staff has included the proposed site plan and building elevations for the new
school at the end of this report.
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 1
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Virginia Beach Middle School
SURROUNDING LAND North:
. 25th Street
USE AND ZONING:
. Across 25hth Street are Single-family and duplex dwellings
South:
. 24' Street
• Across 24th Street are Single-family and duplex dwellings
East:
. Mediterranean Avenue
• Across Mediterranean Avenue are Single-family and duplex
dwellings -
West:
. City Property/ P-1 Preservation District
NATURAL RESOURCE AND
The site is located within the Resource Protection and Resource
CULTURAL FEATURES:
Management Areas of the Chesapeake Bay Preservation Area. The
proposed development is currently under review in the Development
Services Center.
AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana.
Replacement of the building is considered a permitted nonconforming
use.
IMPACT ON CITY SERVICES
WATER: There are no water lines located within the proposed street closures.
SEWER: There are no sewer lines in the areas proposed for closure.
PRIVATE UTILITIES: There are no private utilities located within the proposed street closures
Recommendation: EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the conditions below.
Evaluation:
The Viewers met and determined there will be no public inconvenience if the streets and alleyways are
closed and incorporated into the site. Staff concludes closure of the rights -of -ways, to be incorporated into
the proposed redevelopment of Virginia Beach Middle School, is acceptable with the conditions below.
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 2
CONDITIONS
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 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 parcels. The plat must be submitted and approved for recordation prior to final street
closure approval.
3. The applicant shall verify 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 rights -of -ways 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 year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 3
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda item 15
Page 4
MED1T£RRA/YFdW AWNU£ (60' RA)
(M.B. 5 PG. 103)
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N 1353'53' W 190.00'
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S 76'06.07" W
CITY OF VIRGINIA BEACH
GPIN #2417-99-1321
(M.B. 5, PG. 103)
N 13'53'53' W
190.00' 190.00'
N 1353'53' W N 1353'53 W
CITY OF VIRGINIA BEACH CYPRESS A:ENU£ (60'"
GPIN #2417-89-7221 (FORMERLY CASRAN Al!4'NUE)
(M.B. 115, PG. 52) (!/ACA 7ED BY a7Y COUNC/L SEPT. 9 1963)
(MB. 175 PC 52)
EXHIBIT 'D' SHOWING
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VIRGINIA EACH, VIRGINIA Allal
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JANUARY 30, 2007
AD
MSA, P.C.
Landscape Ax itecn= - PLsnning
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Em=nmcnt0 Sciences
.5033 ROUSE MrVv 17RGP.7A BEACH, VA23162-3709
PHOA•E 0�:7990.9241•F.L�f1S>)s' �41�
JOB# 04005 PLAT RECORDED IN
ZONED: R5S DATE 01-30-07 U SCALE 1-.60' I OWN BY: JCA (MB 5, PG 103)
SURVEY OF AREA TO BE CLOSED
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 5
SURVEY OF AREA TO BE CLOSED
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 6
25th STREET
(110' R/W)
(M..R.. 7 PG 101)
k,
a Q Z g N 76'0607' E
JLu
E 12 21 6162 7 2
e&A
S y
/ CITY OF VIRGINIA BEACH
2417-89-3186
(M.S. 7, PG. 101)
p o 8Q
®DENOTES PORTION OF
PARKS AVENUE
y a TO BE CLOSED
CITY OF VIRGINIA BEACH 0 AREA=24,000 SF
2417-88-1818 OR 0.551 ACRES
(D.B. 495. PG. 445) V) fCiT
(M.B. 36, PG. 40).1
s
s 7"6'07' w
24th STREET (50' R/W)
IXHISIT 'B' SHOWNG
A PORTON OF
24th STREET
(FORMER - 0 STREET)
PARKS AVENUE
(80' R/W)
(M.B. 29, PG. 75J
TO BE CLOSED
(M.S. 7, PG. 101)
(/a8. 7, PG. 101)
VIRGINIA BEACH, VIRGINIA
JANUARY 30, 2007
MSA,P_C.
L•mdsnpeArchiteehtr_ -Planning
Surveying • Engineering
Environmental Scic cw
5033 ROUSED -1,7; 17RCMA RG C4, VA 23462-37(6
PHONE (757) M9264 • FAX (9574W"
JOB# 04005 PLAT RECORDED IN
ZONED: R5S I DATE: 01-30-07 1 SCALE: 1'=50' 1 OWN BY: JCA r (MB 7, PG 101)
SURVEY OF AREA TO BE CLOSED
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 7
CITY OF VIRGINIA BEACH CYPRESS AWW11E (60' Rlw)
GPIN #2417-89-7221 LORAR-JYCASP/ANAb£yge)
(M.B. 115, PG. 52) (VACAIIW 9r 07Y COMM SEPT. 9, 1963)
S 135553' E (ALB. 115, PG. 52)
CITY OF VIRGINIA BEACH
GPIN #2417-89-3186
(M.B. 7, PG. 101)
E
CITY OF VIRGINIA BEACH
GPIN #2417-89-3186
(M.B. 7, PG. 101)
N 1353'33' W 195.00'
10.07
5 76'06'07' W
.�
(PAPER STREET)
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fW
CITY OF VIRGINIA BEACH
GPIN
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#2417-89-3186
(M.B. 7, PG. 101)
PUBLIC ALLEY$ OF
N
®DENOTES PORTION OF
PUBLIC ALLEYS
TO BE CLOSED
AREA -7,650 SF
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CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 8
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2005 2007=SCHOOL_BOARD.:DF: THE;CITY Of. VIRGINIA:BEACH
Dr.3ames G. Merrill, Superintendent (757) 263-1007
Dianne P. Alexander, Clerk of the Board (757) 263-1016
2512 George Mason Drive, P.O. Box 6038, Virginia Beach, VA 23456.0038
Mr. Daniel D. "Dan" Edwards District 1 - Centerville 711-0259 (cell)
Chairman
July 1, 1998 - December 31, 2008 495 3551 (home)
495 9576 (fax)
1513 Beechview Drive
dedwscolbdCdaol.com
Virginia Beach, VA 23464
Mrs. Rita Sweet Bellitto
At -Large 418 0960 (cell)
Vice -Chairman
July 1, 2004 - December 31, 2008 swee:4schools,,�)earthlink.net
P.O. Box 6448
-
Virginia Beach, VA 23456
Mr. Todd C. Davidson
2424 Savannah Trail
Virginia Beach, VA 23456
Mrs. Emma L. "Em" Davis
1125 Michaelwood Drive
Virginia Beach, VA 23452
Mrs. Patricia G. Edmonson
401-205 Harbour Point
Virginia Beach, VA 23451-7130
Mr. Edward F. Fissinger, Sr.
412 Becton Place
Virginia Beach, VA 23452
Mr. Dan R. Lowe
4617 Red Coat Road
Virginia Beach, VA 23455
Mr. Lyndon S. Remias
3225 hansemond Loop
Virginia Beach, VA 23456
Ms. Sandra Smith -]ones
705 Rock Creek Court
Virginia Beach, VA 23462
Mr. Michael W. Stewart
105 Brentwood Court
Virginia Beach, VA 23452
At -Large
July 1, 2006 - December 31, 2010
District 5 - Lynnhaven
July 1, 2002 - December 31, 2010
District 6 - Beams
July 1, 2006 - December 31, 2010
At -Large
July 1, 2004 - December 31, 2008
District 4 - Sayside
July 1, 1998 - December 31, 2010
427-3330 (office)
285-9409 (cell)
430-6447 (fax -office)
tcdavi@verizon.net
340-8911 (home)
340-1981 (fax)
edavis209@cox.net
428-5240 (home)
433-1987 (fax)
Pat-schoolboardChotmail. com
486-4567 (home)
216-3887 (fax)
ed.fissingcr@verizon.net
490-3681 (home)
490-9615 (fax)
driowe2345@aol.com
District 7 - Princess Anne 630-6102 (cell)
July 1, 2006 - December 31, 2010 Lremias@yahoo.com
District 2 - Kempsville 490-8167 (home)
July 1, 2004 - December 31, 2008 490-8167 (fax)
At -Large Seat vote4smithjonesiPaol.corn
July 1, 2000 - June 30, 2004
District 3 - Rose Hall 498-4303 (home)
July 1, 2000 - December 31, 2008 445.4637 (office)
444-0698 (fax -office)
mrosehalK?aol.com
Mrs. Carolyn D. Weems At -Large 464.6674 (home)
1420 Claudia Drive July 1, 2002 - December 31, 2010 363.8281 (fax)
Virginia Beach, VA 23455 carolyn4kids@cox.net
_V%IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD Of TNF CURVC
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 13
Item # 15
Virginia Beach City Public Schools
Discontinuance, closure and abandonment of a portion of
25th Street beginning on the west side of Cypress Avenue and
Extending approximately 560 feet to its terminus; a portion of
Parks Avenue beginning on the north side of 24th Street to the
South side of 25th Street,; alleys located in Block 135, Plat of
Ridgecrest beginning on the east side of Parks Avenue and running
365 feet in an easterly direction and beginning on the north side of
24th Street and extending to the south side of 25th Street; and alleys
Located in Block 126, Part of Property of the Virginia Beach
Development Authority beginning on the east side of Cypress Avenue .
And running in an easterly direction to the west side of Mediterranean
Avenue, beginning at a point 120 feet east of Cypress Avenue and
Running in a northerly direction from the north side of 24th Street to
The south side of 25th Street, beginning at a point 125 feet west of
Mediterranean Avenue from the north side of 24th Street to the south side
of 25th Street.
June 13, 2007
CONSENT
Janice Anderson: The next matter is agenda item 15. This is an application from the
Virginia Beach City Public Schools. This is for the discontinuance, closure and
abandonment of a portion of 25th Street, a portion of Parks Avenue and several associated
alleys. This is located on property on Mediterranean. This is the existing Virginia Beach
Middle School site. We have Mike Ross and Tony Arnold from the School Board here.
Thank you.
Tony Arnold: Good afternoon and thank you. Chairman Knight and members of the
Commission, my name is Tony Arnold. I'm the Director of Facilities for the School
System. I've got with me Mike Ross, Principal in Charge with HBA Architects. First the
conditions placed on the application are fine by the school division. Given the
significance of this capital project, we felt like it would be a good idea for the public to
understand what we're dong with the Virginia Beach Middle School. Beach Middle
School is our oldest middle school. It was originally built in 1952. It was the old Virginia
Beach High School. We have a capital project to replace Virginia Beach Middle School
on the existing site. As part of this project, we need to simply close the alleys that exist
underneath the existing building now, and the ball fields, as well as close part of Parks
Avenue. It's a paper street that is actually in a wetland area. Also, to close part of 25th
Street, where actually our football bleachers have sat for the better part of 30 to 40 years.
We view that as a matter of cleaning up some existing paper street issues. The capital
project will build a new three-story middle school where the current football field is
located. It is a 52 million dollar capital project. It also will create a physical link and a
programmatic link between the middle school and the contemporary art center. We're
also getting ready to break ground on improvements to Beach Garden Park, an under
Item #15
Virginia Beach City Public Schools
Page 2
utilized City park, where we would create baseball, softball and multipurpose fields.
We've partnered with your Department of Parks and Recreation on that project. We have
been in front of the Resort Advisory Commission, Design Review Committee on three
occasions. We have their support with the design of the building. Also, the Old Beach
District Design Committee, and have their support. We've been through the Board of
Zoning Appeals and got the height variance to the height of the building. We feel like
Mike from HBA Architects has really designed a wonderful Coastal -style looking school
that would blend in with the fabric of the community. We think it's a wonderful capital
project. The project itself should start later this year and finish up in -2010. I would be
happy to answer any questions Commission members may have. Thank you.
Janice Anderson: Any questions? Thank you very much for the presentation Mr. Arnold.
Tony Arnold: Thank you.
Janice Anderson: Is there any objection to this matter being placed on the consent
agenda? Mr. Chairman, I have a motion to approve the following agenda item 15.
Barry Knight: Thank you. There is a motion on the floor. I have a second by Kathy
Katsias. Is there any discussion on the consent agenda from the Commission members?
Okay. I'll call for the question.
Ed Weeden: By a vote of 10-0, the Board has approved item 15 for consent.
Barry Knight: Thank you Mr. Weeden.
AYE 10 NAY 0 ABS 0 ABSENT 1
ANDERSON
AYE
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AYE
KATSIAS
AYE
KNIGHT
AYE
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AYE
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ABSENT
WOOD
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item 15 for consent.
Barry Knight: Thank you Mr. Weeden.
Item # 15
Virginia Beach City Public Schools
Page 3
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING THOSE CERTAIN UNIMPROVED
ALLEYS KNOWN AS PUBLIC ALLEYS OF BLOCK
135 AS SHOWN ON THAT CERTAIN PLAT
ENTITLED "EXHIBIT 'C' SHOWING PUBLIC ALLEYS
OF BLOCK 135 TO BE CLOSED (M.B. 7, PG. 101)
VIRGINIA BEACH, VIRGINIA JANUARY 36, 2007"
14 WHEREAS, the School Board of the City of Virginia Beach applied to the
15 Council of the City of Virginia Beach, Virginia, to have the hereinafter described alleys
16 discontinued, closed, and vacated; and
17
18 WHEREAS, it is the judgment of the Council that said alleys be
19 discontinued, closed, and vacated, subject to certain conditions having been met on or
20 before one (1) year from City Council's adoption of this Ordinance;
21
22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
23 Virginia Beach, Virginia:
24
25 SECTION 1
26
27 That the hereinafter described alleys be discontinued, closed and vacated,
28 subject to certain conditions being met on or before one (1) year from City Council's
29 adoption of this ordinance:
30
31 All that certain piece or parcel of land situate, lying and being
32 in the City of Virginia Beach, Virginia, designated and
33 described as "PORTION OF PUBLIC ALLEYS TO BE
34 CLOSED AREA = 7,650 SF OR 0.176 ACRES" shown as
35 the hatched area on that certain plat entitled: "EXHIBIT 'C'
36 SHOWING PUBLIC ALLEYS OF BLOCK 135 TO BE
37 CLOSED (M.B. 7, PG. 101) VIRGINIA BEACH, VIRGINIA
38 JANUARY 30, 2007" Scale: 1 "= 60', prepared by MSA, P. C.,
39 a copy of which is attached hereto as Exhibit A.
40
41
42
43 GPI N: 2417-89-3186
44 SECTION II
45
46 The following conditions must be met on or before one (1) year from City
47 Council's adoption of this ordinance:
48
49 1. The City Attorney's Office will make the final determination regarding
50 ownership of the underlying fee. The purchase price to be paid to the City is normally
51 determined according to the "Policy Regarding Purchase of City's Interest in Streets
52 Pursuant to Street Closures," approved by City Council. [Copies of said policy are
53 available in the Planning Department.] No purchase price shall be charged in this
54 street closure, however, because the School Board of the City of Virginia Beach is the
55 applicant seeking this street closure and has used the property for school purposes for
56 over fifty (50) years.
57
58 2. The applicant shall resubdivide the property and vacate internal lot
59 lines to incorporate the closed area into the adjoining parcels. The resubdivision plat
60 shall be submitted and approved for recordation prior to final street closure approval.
61
62 3. The applicant shall verify that no private utilities exist within the right -of -
63 way proposed for closure. Preliminary comments from the utility companies indicate
64 that there are no private utilities within the right-of-way proposed for closure. If private
65 utilities do exist, the applicant shall provide easements satisfactory to the utility
66 companies.
67
68 4. Closure of the right-of-way shall be contingent upon compliance with
69 the above stated conditions within one (1) year of approval by City Council. If all
70 conditions noted above are not in compliance and the final plat is not approved within
71 one (1) year of the City Council vote to close the street, this approval will be considered
72 null and void.
73
74 SECTION III
75
76 1. If the preceding conditions are not fulfilled on or before July 16,
77 2008, this Ordinance will be deemed null and void without further action by the City
78 Council.
79
80 2. If all conditions are met on or before July 16, 2008, the date of final
81 closure is the date the street closure ordinance is recorded by the City Attorney.
82
83 3. In the event the City of Virginia Beach has any interest in the
84 underlying fee, the City Manager or his designee is authorized to execute whatever
85 documents, if any, that may be requested to convey such interest, provided said
86 documents are approved by the City Attorney's Office.
87
88
89
90
91
92
93
94
95
96
97
SECTION IV
A certified copy of this Ordinance shall be filed in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
OF VIRGINIA BEACH as "Grantor' and the SCHOOL BOARD OF THE CITY OF
VIRGINIA BEACH as "Grantee."
Adopted by the Council of the City of Virginia Beach, Virginia, on this
day of , 2007.
CA -10179
V:\applicazims\citylawprod\r. o 2\Wpdocs\DO25\M2\OW35843.WC
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June 25, 2007
3
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SUFFICIENCY:
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MSA➢ Psis
Landscape Architecture • Planning
Surveying • Engineering
Environmental Sciences
5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708
PHONE (757) 490-9264 • FAX (757) 490-0634
JOB# 04005 PLAT RECORDED IN
ZONED: R5S DATE: 01-30-07 SCALE: 1"=60' DWN BY: JCA (MB 7, PG 101)
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1 06/23/01 Street Closure Approved
ZONING HISTORY
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 9
s�
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: In the matter of closing, vacating and discontinuing those certain alleys
known as Public Alleys of Block 126 as shown on that certain plat entitled
"EXHIBIT `D' SHOWING PUBLIC ALLEYS OF BLOCK 126 TO BE CLOSED (M.B.
5, PG. 103) VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007". DISTRICT 6 —
BEACH _
MEETING DATE: July 17, 2007
■ Background:
The applicant, the School Board of the City of Virginia Beach, requests closure of
the alleys within Block 126, as shown on "Map No. 6, Part of the Property of the
Virginia Beach Development Co.", to allow the Virginia Beach Middle School
project to proceed. The Virginia Beach Public School system will demolish and
replace the existing Virginia Beach Middle School. Apparently, at the time of
construction of the existing school and athletic fields, circa 1952, there was no
requirement to vacate and incorporate rights -of -ways into a site before
construction.
■ Considerations:
The Viewers met and determined there will be no public inconvenience if these
alleys are closed and incorporated into the site. Staff concludes closure of the
rights -of -ways, to be incorporated into the proposed redevelopment of Virginia
Beach Middle School, is acceptable with the conditions below.
The Planning Commission placed this item on the consent agenda because the
proposed closures will not result in any public inconvenience and there was no
opposition.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
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 is
normally determined according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures," approved by City Council.
[Copies of said policy are available in the Planning Department.] No
purchase price shall be charged in this street closure, however, because the
School Board of the City of Virginia Beach is the owner of the underlying fee,
the applicant seeking this street closure, and has used the property for school
purposes for over fifty (50) years.
Virginia Beach City Public Schools — Block 126 Alleys
Page 2 of 2
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure approval.
3. The applicant shall verify 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 rights -of -ways 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 year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Ordinance
Recommended Action: Staff recommends approval. Planning Commission recommends
approval. City Attorney's Office and also Schools recommend indefinite deferral due to title
issues that need to be resolved.
Submitting Department(Agel/ncy: Planning Department
City Manage .
VIRGINIA BEACH
CITY PUBLIC
SCHOOLS
Agenda Item 15
June 13, 2007 Public Hearing
Staff Planner: Faith Christie
REQUEST:
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Discontinuance, closure and abandonment of a portion of 25th Street beginning on the west side of
Cypress Avenue and extending approximately 560 feet to its terminus; a portion of Parks Avenue
beginning on the north side of 24th Street to the south side of 25th Street; alleys located in Block 135,
Plat of Ridgecrest beginning on the east side of Parks Avenue and running 365 feet in an easterly
direction and beginning on the north side of 24th Street and extending to the south side of 25th Street;
and, alleys located in Block 126, Part of Property of the Virginia Beach Development Authority beginning
on the east side of Cypress Avenue and running in an easterly direction to the west side of Mediterranean
Avenue, beginning at a point 120 feet east of Cypress Avenue and running in a northerly direction from
the north side of 24th Street to the south side of 25th Street, beginning at a point 120 feet west of
Mediterranean Avenue from the north side of 24th Street to the south side of 25th Street.
ADDRESS / DESCRIPTION: Property located at 600 25th Street
COUNCIL ELECTION DISTRICT:
6 -BEACH
SUMMARY OF REQUEST
The applicant requests closure of the streets and alleys to
allow the Virginia Beach Middle School project to proceed. The Virginia Beach Public School system will
demolish and replace the existing Virginia Beach Middle School. Apparently, at the time of construction of
the existing school, there was no requirement to vacate and incorporate rights -of -ways into a site before
construction. The areas to be closed include existing public alleys within the school site, a portion of 25t°
Street, and Parks Avenue. Staff has included the proposed site plan and building elevations for the new
school at the end of this report.
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 1
LAND USE AND ZONING INFORMATION. --
EXISTING LAND USE: Virginia Beach Middle School
SURROUNDING LAND North:
. 25"' Street
USE AND ZONING:
. Across 25hth Street are Single-family and duplex dwellings
South:
. 24th Street
• Across 24th Street are Single-family and duplex dwellings
East:
. Mediterranean Avenue
• Across Mediterranean Avenue are Single-family and duplex
dwellings -
West:
. City Property / P-1 Preservation District
NATURAL RESOURCE AND
The site is located within the Resource Protection and Resource
CULTURAL FEATURES:
Management Areas of the Chesapeake Bay Preservation Area. The
proposed development is currently under review in the Development
Services Center.
AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana.
Replacement of the building is considered a permitted nonconforming
use.
IMPACT ON CITY SERVICES
WATER: There are no water lines located within the proposed street closures.
SEWER: There are no sewer lines in the areas proposed for closure.
PRIVATE UTILITIES: There are no private utilities located within the proposed street closures
Recommendation: EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the conditions below.
Evaluation:
The Viewers met and determined there will be no public inconvenience if the streets and alleyways are
closed and incorporated into the site. Staff concludes closure of the rights -of -ways, to be incorporated into
the proposed redevelopment of Virginia Beach Middle School, is acceptable with the conditions below.
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 2
CONDITIONS
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 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 parcels. The plat must be submitted and approved for recordation prior to final street
closure approval.
3. The applicant shall verify 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 rights -of -ways 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 year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 3
AERIAL OF SITE LOCATION
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 4
MZ27/TERRANEAN AVENUE (60' RIW)
(M.B. 5 PG 103)
CITY OF VIRGINIA BEACH CITY OF VIRGINIA BEACH
GPIN #2417-99-1321 # GPIN #2417-99-1321
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VIRGINIA BEACH, VIRGINIA
JANUARY 30, 2007
LISA. P.C.
1-ndscage Architec tu- • Planning
S—.Ying • Engin—ing
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5033 ROUSEDRIVF. VIRG7.47A MAC % VA 23462 TM
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Agenda Item 15
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SURVEY OF AREA TO BE CLOSED
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Agenda Item 15
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Page 12
Dr..James Q Merrill, Superb*zindeet (757) 263-1007
Dianne P. Alexander, Clerk of the Board (757) 263-1016
2512 George Mason Dove, P.O. Box 6038, Virginia Beach, VA 23456.0038
rville 717-0259
Mr. Daniel D. "Dan" Edwards ally 1,1 1998 -DDecember 31, 2008 495-3551 (home)
Chairman 495-9576 (fax)
1513 Beachview Drive dedwscolbd@aol.com
Virginia Beach, VA 23464
Mrs. Rita Sweet Bellitto At -Large 418-0960 (cell)
Vice-ChairmanJuly 1, 2004 - December 31, 2008 sweet4schoolS@earthbnk.net
P.O. Box 6448
Virginia Beach, VA 23456
Mr. Todd C. Davidson At -Large 427-3330 (office)
2424 Savannah Trail luly 1, 2006 - December 31, 2010 285-9409 (cell)
Virginia Beach, VA 23456 430-6447 (fax -office)
tcdavi@verizon.net
Mrs. Emma LEm" Davis District S - Lynnhaven 340-8911 (home)
1125 Michaelwood Drive July 1, 2002 - December 31, 2010 340-1981 (fax)
Virginia Beach, VA 23452 edavis209@cox-net
Mrs. Patricia G. Edmonson District 6 - Beach 428-5240 (home)
401-205 Harbour Paint July 1, 2006 - December 31, 2010 431-1987 (fax)
Virginia Beach, VA 23451-7130
Pat�_s&odboard@hotmaii.com
Mr. Edward F. Fissinger, Sr.
At -Large
486-4567 (home)
412 Becton Place
July 1, 2004 - December 31, 2008
216-3887 (fax)
Virginia Beach, VA 23452
ed.fissinger@verizon.net
Mr. Dan R. Lowe
District 4 - Bayside
490-3681(home)
4617 Red Coat Road
July 1, 1998 - December 31, 2010
490-9615 (fax)
Virginia Beach, VA 23455
drlowe2345@aol.com
Mr. Lyndon S. Remias
District 7 - Princess Anne
630-6102 (tell)
3225 Nansemond Loop
July 1, 2006 - December 31, 2010
Lremias@yahoo.com
Virginia Beach, VA 23456
Ms. Sandra Smith -Jones
District 2- Kempsville
490-8167 (hone)
705 Rode Geek Court
July 1, 2004 - December 31, 2008
490-8167 (fax)
Virginia Beach, VA 23462
At -Large Seat
vote4smithjones@ao1.0om
July 1, 2000 - June 30, 2004
Mr. Michael W. Stewart
District 3 - Rose Hall
498-4303 (home)
105 Brentwood CourtJuly
1, 2000 - December 31, 2008
445-4637 (office)
Virginia Beach, VA 23452
444-0698 (fax -office)
e)
l.com
Mrs. Carolyn D. Weems At -Large 464.6674 (home)
1420 Claudia Drive July 1, 2002 - December 31, 2010 363-8281(fax)
Virginia Beach, VA 23455 carofyn4kid5Calcox.net
ItGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF TME CURVE
CITY OF VIRGINIA BEACH PUBLIC SCHOOLS
Agenda Item 15
Page 13
Item #15
Virginia Beach City Public Schools
Discontinuance, closure and abandonment of a portion of
25th Street beginning on the west side of Cypress Avenue and
Extending approximately 560 feet to its terminus; a portion of
Parks Avenue beginning on the north side of 24th Street to the
South side of 25th Street,; alleys located in Block 135, Plat of
Ridgecrest beginning on the east side of Parks Avenue and running
365 feet in an easterly direction and beginning on the north side of
20' Street and extending to the south side of 25th Street; and alleys
Located in Block 126, Part of Property of the Virginia Beach -
Development Authority beginning on the east side of Cypress Avenue
And running in an easterly direction to the west side of Mediterranean
Avenue, beginning at a point 120 feet east of Cypress Avenue and
Running in a northerly direction from the north side of 24th Street to
The south side of 25th Street, beginning at a point 125 feet west of
Mediterranean Avenue from the north side of 24th Street to the south side
of 25th Street.
June 13, 2007
CONSENT
Janice Anderson: The next matter is agenda item 15. This is an application from the
Virginia Beach City Public Schools. This is for the discontinuance, closure and
abandonment of a portion of 25th Street, a portion of Parks Avenue and several associated
alleys. This is located on property on Mediterranean. This is the existing Virginia Beach
Middle School site. We have Mike Ross and Tony Arnold from the School Board here.
Thank you.
Tony Arnold: Good afternoon and thank you. Chairman Knight and members of the
Commission, my name is Tony Arnold. I'm the Director of Facilities for the School
System. I've got with me Mike Ross, Principal in Charge with HBA Architects. First the
conditions placed on the application are fine by the school division. Given the
significance of this capital project, we felt like it would be a good idea for the public to
understand what we're dong with the Virginia Beach Middle School. Beach Middle
School is our oldest middle school. It was originally built in 1952. It was the old Virginia
Beach High School. We have a capital project to replace Virginia Beach Middle School
on the existing site. As part of this project, we need to simply close the alleys that exist
underneath the existing building now, and the ball fields, as well as close part of Parks
Avenue. It's a paper street that is actually in a wetland area. Also, to close part of 25th
Street, where actually our football bleachers have sat for the better part of 30 to 40 years.
We view that as a matter of cleaning up some existing paper street issues. The capital
project will build a new three-story middle school where the current football field is
located. It is a 52 million dollar capital project. It also will create a physical link and a
programmatic link between the middle school and the contemporary art center. We're
also getting ready to break ground on improvements to Beach Garden Park, an under
Item #15
Virginia Beach City Public Schools
Page 2
utilized City park, where we would create baseball, softball and multipurpose fields.
We've partnered with your Department of Parks and Recreation on that project. We have
been in front of the Resort Advisory Commission, Design Review Committee on three
occasions. We have their support with the design of the building. Also, the Old Beach
District Design Committee, and have their support. We've been through the Board of
Zoning Appeals and got the height variance to the height of the building. We feel like
Mike from HBA Architects has really designed a wonderful Coastal -style looking school
that would blend in with the fabric of the community. We think it's a wonderful capital
project. The project itself should start later this year and finish up in -2010. I would be
happy to answer any questions Commission members may have. Thank you.
Janice Anderson: Any questions? Thank you very much for the presentation Mr. Arnold.
Tony Arnold: Thank you.
Janice Anderson: Is there any objection to this matter being placed on the consent
agenda? Mr. Chairman, I have a motion to approve the following agenda item 15.
Barry Knight: Thank you. There is a motion on the floor. I have a second by Kathy
Katsias. Is there any discussion on the consent agenda from the Commission members?
Okay. I'll call for the question.
AYE 10 NAY 0
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
STRANGE
WOOD
AYE
ABS 0 ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved item 15 for consent.
Barry Knight: Thank you Mr. Weeden.
1
2
3
4
5
6 IN THE MATTER OF CLOSING, VACATING AND
7 DISCONTINUING THOSE CERTAIN ALLEYS
8 KNOWN AS PUBLIC ALLEYS OF BLOCK 126 AS
9 SHOWN ON THAT CERTAIN PLAT ENTITLED
10 "EXHIBIT 'D' SHOWING PUBLIC ALLEYS OF
11 BLOCK 126 TO BE CLOSED (M.B. 5, PG. 103)
12 VIRGINIA BEACH, VIRGINIA JANUARY 3U, 2007"
13
14 WHEREAS, the School Board of the City of Virginia Beach applied to the
15 Council of the City of Virginia Beach, Virginia, to have the hereinafter described alleys
16 discontinued, closed, and vacated; and
17
18 WHEREAS, it is the judgment of the Council that said alleys be
19 discontinued, closed, and vacated, subject to certain conditions having been met on or
20 before one (1) year from City Council's adoption of this Ordinance;
21
22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
23 Virginia Beach, Virginia:
24
25 SECTION 1
26
27 That the hereinafter described alleys be discontinued, closed and vacated,
28 subject to certain conditions being met on or before one (1) year from City Council's
29 adoption of this ordinance:
30
31 All that certain piece or parcel of land situate, lying and being
32 in the City of Virginia Beach, Virginia, designated and
33 described as "PORTION OF PUBLIC ALLEYS TO BE
34 CLOSED AREA = 17,600 SF OR 0.404 ACRES" shown as
35 the hatched area on that certain plat entitled: "EXHIBIT 'D'
36 SHOWING PUBLIC ALLEYS OF BLOCK 126 TO BE
37 CLOSED (M.B. 5, PG. 103) VIRGINIA BEACH, VIRGINIA
38 JANUARY 30, 2007" Scale: 1"= 60', prepared by MSA, P. C.,
39 a copy of which is attached hereto as Exhibit A.
40
41
42
43 GPIN: 2417-99-1321, 2417-89-7221
44 SECTION II
45
46 The following conditions must be met on or before one (1) year from City
47 Council's adoption of this ordinance:
48
49 1. The City Attorney's Office will make the final determination regarding
50 ownership of the underlying fee. The purchase price to be paid to the City is normally
51 determined according to the "Policy Regarding Purchase of City's Interest in Streets
52 Pursuant to Street Closures," approved by City Council. [Copies of said policy are
53 available in the Planning Department.] No purchase price shall be charged in this
54 street closure, however, because the School Board of the City of Virginia Beach is the
55 owner of the underlying fee, the applicant seeking this street closure, and has used the
56 property for school purposes for over fifty (50) years.
57
58 2. The applicant shall resubdivide the property and vacate internal lot
59 lines to incorporate the closed area into the adjoining parcels. The resubdivision plat
60 shall be submitted and approved for recordation prior to final street closure approval.
61
62 3. The applicant shall verify that no private utilities exist within the right -of -
63 way proposed for closure. Preliminary comments from the utility companies indicate
64 that there are no private utilities within the right-of-way proposed for closure. If private
65 utilities do exist, the applicant shall provide easements satisfactory to the utility
66 companies.
67
68 4. Closure of the right-of-way shall be contingent upon compliance with
69 the above stated conditions within one (1) year of approval by City Council. If all
70 conditions noted above are not in compliance and the final plat is not approved within
71 one (1) year of the City Council vote to close the street, this approval will be considered
72 null and void.
[Z9?
74 SECTION III
75
76 1. If the preceding conditions are not fulfilled on or before July 16,
77 2008, this Ordinance will be deemed null and void without further action by the City
78 Council.
79
80 2. If all conditions are met on or before July 16, 2008, the date of final
81 closure is the date the street closure ordinance is recorded by the City Attorney.
82
83 3. In the event the City of Virginia Beach has any interest in the
84 underlying fee, the City Manager or his designee is authorized to execute whatever
85 documents, if any, that may be requested to convey such interest, provided said
86 documents are approved by the City Attorney's Office.
87
2
88 SECTION IV
89
90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
91 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
92 OF VIRGINIA BEACH as "Grantor' and the SCHOOL BOARD OF THE CITY OF
93 VIRGINIA BEACH as "Grantee."
94
95 Adopted by the Council of the City of Virginia Beach, Virginia, on this
96 day of , 2007.
97
CA -10287
V:\applications\citylawprod\cycom32\ Wpdocs\D025\P002\00035872.DOC
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June 25, 2007
3
APPR VER', S T CONTENT:
Planning &I5artment
APPROVED AS LEG
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MSAP.C. 11
Landscape Architecture • Planning
Surveying • Engineering
Environmental Sciences
5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708
PHONE (757) 490-9264 • FAX (757) 490-0634
JOB# 04005 PLAT RECORDED IN
ZONED: R5S DATE: 01-30-07 1 SCALE: 1"=60' DWN BY: JCA (MB 5, PG 103)
cxoi6jr g
-39-
Iteon IV -K4
PUBLIC HEARING ITEM R 39896
PLANNING BY CONSENT
Upon motion by Yue Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED an
Ordinance upon application of UNION BAPTIST CHURCH for a Conditional Use Permdt:
ORDINANCE UPON APPLICATION OF UNION BAPTIST CHURCH
FOR A CONDITIONAL USE PERMIT FOR A CHURCH R010951990
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Union Baptist Church for a Conditional
Use Permit for a church on the north side of South Boulevard, 600 feet
more or less northeast of Independence Boulevard Said parcel is located
at 4606 South Boulevard and contains 1.186 acres. KEMPSVILLE
BOROUGH.
The following condition shall be required:
1. Best Management Practice Facilities shall be located in a
manner which preserves on-site trees to the greatest extent
practicable.
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 Seventeenth of October. Nineteen
Hundred and Nine! -Five
voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E Oberndorf, Nancy K Parer, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent.
None
October 17, 1995
Item V -L.3.
PLANNING
Voting:
10-0 (By Consent)
Council Members Voting Aye:
-41 -
ITEM # 53 73 7 (Continued)
Harry E. Diezel, Robert M. Dyer,
S. McClanan, Richard A. Maddox,
Reeve, Peter W. Schmidt, Ron A.
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
Vice Mayor Louis R. Jones, Reba
Mayor Meyera E. Oberndorf, Jim
Villanueva and Rosemary Wilson
March 22, 2005
l
90z
Item V -L.3.
PLANNING ITEM # 53 73 7
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council MODIFED a
Conditional Use Permit upon application of UNIONBAPTIST CHURCH (approved by City Council on
October 17, 1995) to allow the church a three (3) story mezzanine building and expand the church at 4608
South Boulevard:
ORDINANCE UPONAPPLICATIONOF UNIONBAPTIST CHURCH
FOR A CONDITIONAL USE PERMITFOR A CHURCHEXPANSION
R030531241 -
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Union Baptist Church for a
Conditional Use Permit for a church expansion on property located at
4608 South Boulevard (GPIN 14774192980000). DISTRICT 3 ROSE
HALL
The following conditions shall be required:
When the multi-purpose center is constructed, it shall be in
general conformance with the submitted plan entitled,
"Conceptual Site Layout Plan of Union Baptist Church, 4608
South Boulevard, Virginia Beach, VA, "prepared by MSA, P. C.,
dated 12/01104, subject to any changes in the footprint of the
building that may result due to action of the Board of Zoning
Appeals.
2. When the multi-purpose center is constructed, it shall be in
substantial conformance with the elevations entitled, " Front
Elevation, Union Baptist Multipurpose Center, Virginia Beach,
VA, " prepared by Rancorn Wildman Architects, subject to any
changes that occur due to modifications in the footprint of the
building resulting from action of the Board of Zoning Appeals.
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-second of March Two
Thousand Five
March 22, 2005
Mop oS'
) Not to Scale Union Baptist Church
1-264
rMt
1-264
0
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Union Baptist Church for a Modification of Conditions for a
Conditional Use Permit approved by City Council on October 17, 1995 and
modified on March 22, 2005. Property is located at 4608 South Boulevard (GPIN
1477419298). DISTRICT 3 — ROSE HALL -
MEETING DATE: July 17, 2007
■ Background:
The Conditional Use Permit permitting an expansion to the existing church for a
multi-purpose center was approved by the City Council on March 22, 2005. The
Conditional Use Permit has two (2) conditions:
1. When the multi-purpose center is constructed, is shall be in general
conformance with the submitted plan entitled, "Conceptual Site Layout
Plan of,.Union Baptist Church, 4608 South Boulevard, Virginia Beach, VA,
prepared by MSA, P.C., dated 12/01/04, subject to any changes in the
footprint of the building that may result due to action of the Board of
Zoning Appeals.
2. When the multi-purpose center is constructed, it shall be in substantial
conformance with the elevations entitled, " Front Elevation, Union Baptist
Multipurpose Center, Virginia Beach, VA," prepared by Rancorn Wildman
Architects, subject to any changes that occur due to modifications in the
footprint of the building resulting from action of the Board of Zoning
Appeals.
Conditions land 2 are specifically related to a proposal that is now in conflict with
the current goals of the church; therefore, revised plans have been submitted
that reflect the church's updated goals and plans.
■ Considerations:
The 2005 request was for a 9,097 square foot, three (3) story structure with a
mezzanine that connected to the existing church via an overhead walkway. This
proposal is for a 6,020 square foot addition for a 637 seat sanctuary attached on
the north side of the existing structure. Additional parking spaces will replace the
two (2) story, brick structure on the west side of the site. There are 328 seats in
the existing church. This addition will add another 637 seats for a total of 965
seats. The minimum required parking is 193 spaces. Forty-eight spaces are
proposed on-site with another 152 available off-site on the adjacent property for a
total of 200 parking spaces. Currently, the church shares parking with the office
to the east as the parking needs are typically at opposite times of the day.
Union Baptist Church
Page 2 of 2
The 60 foot high addition is an attractive building with a widow's walk at the top.
The exterior is primarily brick with large windows and brick soldiering to provide
detailing to the walls.
The church has been at this location for many years. The shared parking
between the church and the office to the east has proved to work well. There do
not appear to be any potential conflicts with the proposed expansion and the
surrounding uses.
The Planning Commission placed this item on the consent agenda because the
expansion is appropriate, the church has been a valued resource to the
community for over 100 years, and there was no opposition.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
1. The two conditions attached to the Conditional Use Permit granted by the City
Council on March 22, 2005 are replaced with the following:
a. When the proposed church addition is constructed, it shall be in
general conformance with the submitted plan entitled, "Conceptual Site
Layout Plan of Union Baptist Church, 4608 South Boulevard, Virginia
Beach, VA," prepared by MSA, P.C., dated 04/01/07.
b. When the proposed church addition is constructed, it shall be in
substantial conformance with the elevations entitled, "Proposed
Multipurpose Wing, Union Baptist Church, 4608 South Boulevard,
Virginia Beach, VA," prepared by Elemuel A. Watts, R.A., Advanced
Drafting & Design, dated 11/06/06.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departme
City Manager: )I—, �
UNION BAPTIST
CHURCH
Agenda Item 8
June 13, 2007 Public Hearing
Staff Planner: Carolyn A.K. Smith
REQUEST:
Modification of the Conditional Use Permit
a roved b the Cit Council on conditional
sr
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. ' L /J..
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V11 y y
use permit for a church approved by City
Council on October 17, 1995 and the most recently on March 22, 2005.
ADDRESS / DESCRIPTION: Property located at 4608 South Boulevard
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
14774192980000 3 - ROSE HALL 1.158 acres
The Conditional Use Permit permitting an expansion to the SUMMARY OF REQUEST
existing church for a multi-purpose center was approved by the
City Council on March 22, 2005. The Conditional Use Permit has two (2) conditions:
1. When the multi-purpose center is constructed, is shall be in general conformance with the
submitted plan entitled, "Conceptual Site Layout Plan of Union Baptist Church, 4608 South
Boulevard, Virginia Beach, VA," prepared by MSA, P.C., dated 12/01/04, subject to any
changes in the footprint of the building that may result due to action of the Board of Zoning
Appeals.
2. When the multi-purpose center is constructed, it shall be in substantial conformance with the
elevations entitled, " Front Elevation, Union Baptist Multipurpose Center, Virginia Beach, VA,"
prepared by Rancorn Wildman Architects, subject to any changes that occur due to
modifications in the footprint of the building resulting from action of the Board of Zoning
Appeals.
Conditions land 2 are specifically related to a proposal that is now in conflict with the current goals of the
church, therefore, revised plans have been submitted that reflect the church's updated goals and plans.
UNION BAPTIST
Agenda Item 8
Page 1
The 2005 request was for a 9,097 square foot, three (3) story structure with a mezzanine that connected
to the existing church via an overhead walkway. This proposal is for a 6,020 square foot addition for a
637 seat sanctuary attached on the north side of the existing structure. Additional parking spaces will
replace the two (2) story, brick structure on the west side of the site. There are 328 seats in the existing _
church. This addition will add another 637 seats for a total of 965 seats. The minimum required parking is
193 spaces. Forty-eight spaces are proposed on site with another 152 available off site on the adjacent
property for a total of 200 parking spaces. Currently, the church shares parking with the office to the east
as the parking needs are typically at opposite time frames.
The 60 foot high addition is an attractive building with a widow's walk at the top. The exterior is primarily
brick with large windows and brick soldiering to provide detailing to the walls.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: There is an existing residence and church on the property.
SURROUNDING LAND North: . Interstate 264 access ramp
USE AND ZONING: South: . Apartments/ A-18 Apartment District
East: . Office / 1-1 Light Industrial District
West: . Interstate 264 access ramp
NATURAL RESOURCE AND This site is within the Chesapeake Bay watershed. There does not
CULTURAL FEATURES: appear to be anything of environmental significance on the property.
AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South
Boulevard in the vicinity of this request is a two (2) lane local road. A CIP is slated for this area. The
Pembroke Area Comprehensive Transportation Plan (CIP 2-238) is ongoing and involves a
transportation study for the Central Business District surrounding Town Center. This study will develop
short-term, mid-term, and long-term alternatives for transportation needs in the area. As part of the
long-term improvements, there is one conceptual alignment that utilizes a portion of South Boulevard for
a new roadway that bypasses around the Independence Boulevard/Interstate 264 interchange, heading
toward Virginia Beach Boulevard. In addition, there is a conceptual alignment for an interstate ramp
which will run from northbound South Independence Boulevard to eastbound 1-264. At this point, the
Union Baptist Church site may only have minor impacts within the fronting right-of-way. note that no
alternatives or alignments have been approved to this date.
UNION BAPTIST
Agenda Item 8
Page 2
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
5,894 ADT (Level of
Existing Land Use _
Service "C") — 8,700 ADT'
502 ADT Sundays
South Boulevard
5,817 ADT'
(Level of Service "D")
s
Proposed Land Use
1,476 ADT Sundays
Average Daily Tnps
Z as defined by existing church
3 as defined by proposed addition
WATER: There is a 10 inch water main in South Boulevard. This site has an existing water meter that may be
used or upgraded.
SEWER: There is an 8 inch sanitary sewer main in South Boulevard. This site is already connected to City
sanitary sewer. An analysis of pump station # 507 and the sanitary sewer system may be required to
determine if flows can be accommodated.
Recommendation: EVALUATION AND RECOMMENDATION
Staff recommends approval of this
requested modification, as conditioned below.
Comprehensive Plan:
The Comprehensive Plan designates this area as a part of Strategic Growth Area # 4. This area is
recommended for mixed use development including medium intensity and medium to high-rise office,
business, hotel, and institutional. It is also recommended that Strategic Growth Area # 4 include a mix of
residential types at varied densities as well as community centers and other compatible support uses.
Evaluation:
The church has been at this location for many years. The shared parking between the church and the
office to the east has proved to work well. There do not appear to be any potential conflicts with the
proposed expansion and the surrounding uses. As was the case in 2005, Staffs position is that the
expansion of the church is acceptable as long as the parking arrangement with the property to the east
continues, there do not appear to be any negative impacts to this request.
Staff, therefore, recommends approval of this request subject to the conditions below.
UNION BAPTIST
Agenda Item 8
Page 3
CONDITIONS
1. All conditions attached to the Conditional Use Permit granted by the City Council on March 22, 2005, are
replaced with the following:
When the proposed church addition is constructed, is shall be in general conformance with the submitted
plan entitled, "Conceptual Site Layout Plan of Union Baptist Church, 4608 South Boulevard, Virginia
Beach, VA," prepared by MSA, P.C., dated 04/01/07.
When the proposed church addition is constructed, it shall be in substantial conformance with the
elevations entitled, "Proposed Multipurpose Wing, Union Baptist Church, 4608 South Boulevard, Virginia
Beach, VA," prepared by Elemuel A. Watts, R.A., Advanced Drafting & Design, dated 11/06/06.
NOTE. Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
UNION BAPTIST
Agenda Item 8
Page 4
AERIAL OF SITE LOCATION
UNION BAPTIST
Agenda Item 8
Page 5
PROPOSED SITE PLAN
UNION BAPTIST
Agenda Item 8
Page 6
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UNION BAPTIST
Agenda Item 8
Page 7
V Map E—s a. e Union Baptist Church
CUP (auto service station, car wash)
2 10/29/96
CUP (hotel)
3 03/22/05
SS r.
10/17/95
CUP (church)
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4 06/14/94
Modification of Conditions
04/23/91
Change of Zoning (B-2 to B-3 & 1-2 to B-3)
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Change of Zoning (B-2 to B-3)
6 07/07/85
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7 10/07/85
Change of Zoning (R-8 to B-2)
8 04/09/84
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9 02/22/82
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#i Conditionai 'Zoning - Recorded Proffers Modification of Conditions for Church addition
1 05/11/99
CUP (auto service station, car wash)
2 10/29/96
CUP (hotel)
3 03/22/05
CUP (church addition)
10/17/95
CUP (church)
01/22/90
CUP (church)
4 06/14/94
Modification of Conditions
04/23/91
Change of Zoning (B-2 to B-3 & 1-2 to B-3)
5 05/04/84
Change of Zoning (B-2 to B-3)
6 07/07/85
Change of Zoning (R-4 to B-2)
7 10/07/85
Change of Zoning (R-8 to B-2)
8 04/09/84
CUP (TV transmission & relay station)
9 02/22/82
Street Closure
Denied
Granted
Granted
Granted
Granted
Granted
Granted
Withdrawn
Granted
Granted
Granted
Granted
ZONING HISTORY
UNION BAPTIST
Agenda Item 8
Page 8
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Page 9
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UNION BAPTIST
Agenda Item 8
Page 9
Item #8
Union Baptist Church
Modification of Conditions
4608 South Boulevard
District 3
Rose Hall
June 13, 2007
CONSENT
Janice Anderson: The next matter is agenda item. 8. That is the application of Union
Baptist Church. This is for Modification of Conditions on a Conditional Use Permit dated
March 22, 2005. This is on property located at 4608 South Boulevard. Welcome Mr.
Perry.
Michael Perry: Thank you. Chairman and members of the Planning Commission, my
name is Michael Perry. I'm a local landscape architect representing Union Baptist
Church. We have reviewed the conditions as stipulated and approve. I would like to
mention that the pastor and some of the members have showed up in support of this
application. Please stand. Thank you very much.
Janice Anderson: Thank you Mr. Perry. Is there an objection to this matter being placed
on the consent agenda? Seeing none, Gene Crabtree has been asked to review this
application.
Eugene Crabtree: This church came before us a couple of years ago with an application
for some modifications and was approved. Since then, they have decided that it would be
more to their advantage if they added a multi-purpose center and expanded it. This
church has been existence for well over 100 years. At one time, it was the only thing on
Southern Boulevard, and things have built up around it. In the interim, the church has
expanded, and they need to expand more and to grow. It is an asset to the community, as
it has always been, and consequently, we put it on the consent agenda.
Janice Anderson: Thank you Mr. Crabtree. Mr. Chairman, I have a motion to approve
the following agenda item 8.
Barry Knight: Thank you. There is a motion on the floor. I have a second by Kathy
Katsias. Is there any discussion on the consent agenda from the Commission members?
Okay. I'll call for the question.
AYE 10 NAY 0 ABS 0 ABSENT 1
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
Item #8
Union Baptist Church
Page 2
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
STRANGE
ABSENT
WOOD
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item 8 for consent.
NW ��
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of New Beginnings Outreach Ministries, Inc. for a Conditional
Use Permit for a church on property located at 1409-B Lynnhaven Parkway (GPIN
1485783134). AICUZ is 65 to 70 dB Ldn. DISTRICT 3 — ROSE HALL
MEETING DATE: July 17, 2007
■ Background:
The applicant requests a Conditional Use Permit to allow a church to be located
within a shopping center. The church has occupied this location since February
of 1998, but was unaware of the need for a Use Permit. During a recent
inspection by the Fire Marshall, the church was made aware of the Conditional
Use Permit requirement.
■ Considerations:
The church has services and meetings on the first and third Tuesdays from 8:00
P.M. until 9:00 P.M., Wednesdays from 8:00 P.M. until 9:30 P.M., every other
Friday from 8:00 P.M. until 11:00 P.M. and Sundays beginning at 7:00 A.M. until
3:00 P.M. The church currently has 85 individuals attending on Sunday
(maximum attendance).
The Comprehensive Plan designates this area as a Primary Residential Area.
The land use planning policies and principles for the Primary Residential Area
focus strongly on preserving and protecting the overall character, economic value
and aesthetic quality of the stable neighborhoods located in the area.
This application is in conformance with the Comprehensive Plan's
recommendations for this area. The proposal to continue use of this unit for a
church is compatible with the other uses within this approximately 23,500 square
feet shopping center, and, as demonstrated by its continuous use since 1998, will
not negatively impact neighboring properties. There are a total of 166 parking
spaces located in the front of the shopping center. Sufficient parking is available
to accommodate the use and the other tenants of the shopping center.
There was opposition to the request.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
_approve this request with the following conditions:
1. The applicant shall comply with all applicable City requirements for building
codes, including fire safety and suppression, required for a change of use
New Beginnings Outreach Ministries, Inc.
Page 2 of 2
from retail commercial to a place of assembly prior to the issuance of an
Occupancy Permit for this unit. This includes obtaining 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 service shall not exceed the occupancy
number for the unit as established by the City's Fire Marshall.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: 1 :b� Vyt
NEW BEGINNINGS
OUTREACH
MINISTRIES, INC.
Agenda Item 6
June 13, 2007 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
Conditional Use Permit for church.
ADDRESS / DESCRIPTION: Property located at 1409-B Lynnhaven Parkway.
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
14857831340000 3 — ROSE HALL Part of 3.7 acre shopping center
1,300 square feet (proposed area)
The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST
church to be located within a shopping center.
The church has occupied this location since February of 1998, but was unaware of the need for a Use
Permit. During a recent inspection by the Fire Marshall, the church was made aware of the Conditional
Use Permit requirement.
The church has services and meetings on the first and third Tuesdays from 8:00 P.M. until 9:00 P.M.,
Wednesdays from 8:00 P.M. until 9:30 P.M., every other Friday from 8:00 P.M. until 11:00 P.M. and
Sundays beginning at 7:00 A.M. until 3:00 P.M. The church currently has 85 individuals attending on
Sunday (maximum attendance).
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Commercial shopping center
SURROUNDING LAND North: . Retail shops / B-2 Community Business District
USE AND ZONING: South: . Wachovia Bank / B-2 Community Business District
East: . Wachovia Bank / B-2 Community Business District
NEW BEGINNINGS OUTREACH MINISTRIES, INC.
Agenda Item 6
Page 1
West: . Single-family homes/ R-10 Residential District
NATURAL RESOURCE AND There are no significant natural resources or cultural features on this
CULTURAL FEATURES: property as it is almost entirely impervious.
AICUZ: The site is in an AICUZ of 65 dB Ldn to 70 dB Ldn surrounding NAS
Oceana. The use is compatible within this AICUZ.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT -PROGRAM (CIP):
Lynnhaven Parkway in the vicinity of this application is classified as a major urban arterial. There are
currently no CIP projects scheduled for this section of Lynnhaven Parkway. There is no professional
data on trip generation for this subject use (church assembly meeting at various times during the week
and weekends in a shopping center unit).
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Lynnhaven
Parkway
37,241 ADT
37,000 ADT (Level of
Service "E")
Existing Land Use —
unchanged
'Average Daily Trips
2 as defined by church
FIRE: Applicant must obtain a Certificate of Occupancy.
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request with the conditions below.
Comprehensive Plan:
The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning
policies and principles for the Primary Residential Area focus strongly on preserving and protecting the
overall character, economic value and aesthetic quality of the stable neighborhoods located in the area.
Evaluation:
This application is in conformance with the Comprehensive Plan's recommendations for this area. The
proposal to continue use of this unit for a church is compatible with the other uses within this
approximately 23,500 square feet shopping center and, as demonstrated by its continuous use since
1998, will not negatively impact neighboring properties. There are a total of 166 parking spaces located in
the front of the shopping center. Sufficient parking is available to accommodate the use and the other
tenants of the shopping center.
NEW BEGINNINGS OUTREACH MINISTRIES, INC.
Agenda Item 6
Page 2
Staff recommends approval of this request of a Conditional Use Permit for a church with the
recommended conditions provided below.
CONDITIONS
1. The applicant shall comply with all applicable City requirements for building codes, including fire safety
and suppression, required for a change of use from retail commercial to a place of assembly prior to
the issuance of an Occupancy Permit for this unit. This includes obtaining 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 service shall not exceed the occupancy number for the unit as
established by the City's Fire Marshall.
NOTE. Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
NEW BEGINNINGS OUTREACH MINISTRIES, INC.
Agenda Item 6
Page 3
AERIAL OF SITE LOCATION
NEW BEGINNINGS OUTREACH MINISTRIES, INC.
Agenda Item 6
Page 4
I
PROPOSED SITE PLAN
NEW BEGINNINGS OUTREACH MINISTRIES, INC.
Agenda Item 6
Page 5
PHOTO OF UNIT LOCATION
NEW BEGINNINGS OUTREACH MINISTRIES, INC.
Agenda Item 6
Page 6
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Agenda Item 6
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NEW BEGINNINGS OUTREACH MINISTRIES, INC.
Agenda Item 6
Page 8
Item #6
New Beginnings Outreach Ministries, Inc.
Conditional Use Permit
1409-B Lynnhaven Parkway
District 3
Rose Hall
June 13, 2007
REGULAR
Barry Knight: We will now go into our public hearing portion of the June Planning
Commission. Ms. Secretary, will you call the first item to be heard please?
Dorothy Wood: I will be more than happy to Mr. Chairman. The first item is New
Beginnings Outreach Ministries. It is an application of New Beginnings Outreach
Ministries for a Conditional Use permit for a church on Lynnhaven Parkway. Our first
speaker is Tammy Davis. Welcome Ms. Davis.
Tammy Davis: Thank you.
Barry Knight: Welcome ma'am. Please state your name for the record.
Tammy Davis: My name is Tammy Davis.
Barry Knight: Okay. You are the applicant for New Beginnings Outreach Ministries?
Tammy Davis: I'm a representative.
Barry Knight: You're a representative. We have you on where we are going to hear this
because we have a card filled out that is checked in opposition. So, if you would tell us
about your church, and what you want done, and why you want it done, and then the
opposition will have three minutes to express what concerns they have. Then you will
have a chance to come back and address those concerns.
Tammy Davis: Okay. What we would like to do is obtain a Conditional Use Permit to
continue to proceed what we're doing in the community. I know there have been some
negative things that have happen in the surrounding area where our church is, none of
which have been a direct reflection upon us. It is just outside influences. I believe we
have been a positive influence while we have been there. We would like to stay there for
as long as we can.
Barry Knight: Okay. Are there any questions at this time? Okay. We will hear from the
other speakers and then we will give you a chance to bring you back up.
Tammy Davis: Alright. Thank you sir.
Item #6
New Beginnings Outreach Ministries, Inc.
Page 2
Barry Knight: Thank you ma'am.
Dorothy Wood: The next speaker is Chandler Scarborough.
Barry Knight: Is she in opposition?
Dorothy Wood: He is in opposition.
Barry Knight: He is in opposition. Okay.
Chandler Scarborough: Good afternoon.
Barry Knight: Welcome sir.
Chandler Scarborough: My name is Chandler Scarborough. I am the president of the
Green Run Home Association. We represent approximately 4,200 members, 15,000
residents in the Green Run community. Our concerns, I think probably maybe deal more
with the landlord then with the applicant. But we have some concerns about noise, traffic
impact on the surrounding neighborhoods. There have been a lot of concerns with the
shopping center over the last ten years in terms of hood enforcement issues, a number of
shootings, and we wanted an opportunity to meet with representatives from the church,
and talk about these issues a little bit more before being able to support it. I've spoken to
a representative of the church and we have a meeting scheduled for Friday afternoon. So,
we're asking the Planning Commission to defer action until July, and hopefully we will
be able to come back and support the application. This is something that has been going
on apparently for quite a while. They have been operating without a Conditional Use so I
think it is reasonable to ask for a month's delay so that we have time to meet with them
and try to build a consensus on the matter.
Barry Knight: Thank you. Ms. Wood has a question.
Dorothy Wood: Thank you Mr. Scarborough. But I don't think the church has anything
to do with the shootings or the problems that you're having in the shopping center. And
since they are operating, I would hate to see them to come back. They are not really the
problem are they?
Chandler Scarborough: Well, we don't know. Some of the concerns have to do with
traffic and have to do with noise. I can't say for sure they are not. That is why we would
like to have an opportunity to meet with them. We had a lot of concerns. I had a meeting
last week with residents on the surrounding streets. The community has asked that we
have time to meet with them. Hopefully, next month we will be able to speak more
favorably on this. I would hope that the Planning Commission would respect the wishes
of the residents to give us an opportunity to meet with the applicant before moving
forward on this.
Item #6
New Beginnings Outreach Ministries, Inc.
Page 3
Barry Knight: Thank you. Mr. Whitney is the had some suggestionsPlanning
Dabout how we could
r. We discussed e of
this in our informal session. I believe you
possibly maybe alleviate some of the fears of the residents knowing that it was the
shopping center itself and maybe not the church. Could you go into that discussion for us
please?
Jack Whitney: Well, certainly. We take very seriously the issues related to the shopping
center. If they're ancillary, of course to the church, and what they bring to the
community, we will be more than happy, if Mr. Scarborough hadn't done so already, to
take those issues and concerns to the appropriate authorities on the community's behalf.
So such if the Commission is inclined, this application can go -forward in the mean time.
Barry Knight: Thank you. Mr. Crabtree.
Eugene Crabtree: Yes, very definitely. I think that your issue is with the landlord. It is
not with the church. The church is a good addition to that. I'm very familiar with it. It is
within my district. I'm familiar with that area. I'm familiar with what problems you have
within that area throughout that area. It is not a church issue. It is a landlord issue and
you need to be confronting the entire group of storeowners in there. You should be
confronting the neighbors and the people who live in your neighborhood who are
supplying the noise that you complaining about. It is not the church. I do not see why
we should penalize the church that has been there forever for what the residents and the
community itself is doing. As Mr. Whitney said, you need to talk to the authorities and
the other city agencies that control these things. I personally don't see penalizing the
church by delaying them and not going forward with their application, and then you
addressing this through the landlord and to other city agencies in order to accomplish and
solve the problems the that you have in that area.
Barry Knight: Thank you Mr. Crabtree. Are there any other questions? Mr. Horsley?
Donald Horsley: The only comment that I will make is this would not alleviate what
you're trying to do. You're going to meet with them. You still have between now and
City Council, and if you're concerns are not addressed, you can bring them back up at
City Council even if we vote today. So, you can continue your process. This doesn't
stop your process but it doesn't delay the church's either. So, you can continue your
process, and hopefully you can get it addressed by the time City Council hears this.
Chandler Scarborough: Okay. Mr. Chairman, may I respond to the comments?
Barry Knight: Yes.
Chandler Scarborough: We have been very active with working with code enforcement,
working with the police. We've got the largest neighborhood watch organization in the
city. We have been very proactive in trying to address some of the issues. Because some
of the concerns respect traffic impact on the neighborhood and noise impact on the
Item #6
New Beginnings Outreach Ministries, Inc.
Page 4
neighborhood that is the reason why we're here talking about the church today. And, I
understand the concern of not wanting to delay their application and not wanting them to -
come back but they have been operating without a Conditional Use Permit for quite a
while. The time period that they have been operating there does overlap with my time
period of involvement with Green Run, and with a number of complaints of the
neighborhood. Right now, I can't tell you that the church is involved in some of the
noise, and some of the traffic issues that we got in the neighborhood with the congregants
coming and going. I don't think that it is unreasonable to delay this for a month given
how long they have been operating without a Conditional Use Permit so that we have a
chance to meet with them, and make sure there is a neighborhood consensus before it
moves forward.
Barry Knight: Are there any other questions of Mr. Scarborough. Mr. Scarborough,
thank you for coming down today.
Chandler Scarborough: Thank you.
Barry Knight: Will you call the applicant back up?
Dorothy Wood: Ms. Davis?
Barry Knight: Welcome ma'am. Please state your name again for the record.
Tammy Davis: My name is Tammy Davis.
Barry Knight: You've hard the concerns of Mr. Scarborough and the group he
represents. Do you have some rebuttal or some answers for that?
Tammy Davis: Again, I can say that the things that have happened in the surrounding
area has no direction reflection upon the church. We are there to be a light to the
community and open our doors. We don't do anything that is not or above the law. I
understand, and I heard him say that he has some concerns, and I can appreciate his
concerns with regards to the traffic. But anywhere you go where there is a shopping
center you are going to have traffic. All I can say on our behalf of New Beginnings is
that it is a positive influence for the area. I would hope that you would all take into
consideration what we are trying to do in the area. I'm not trying to negate any of his
concerns but I can assure him that the concerns that he has is not a direct reflection upon
the church. In regards to operating without permits, we've had inspectors come out and
for whatever reason they are saying we didn't have anything. We were not made aware
of that Conditional Use Permit to the point that it needed to be done. At one point,
someone did come and it was something that had to be taken care of about the landlord.
So again, I can't speak on the landlord's behalf and not putting anything on anybody else
but I can say that we are a positive influence in the shopping center, and we hope that you
would grant our request.
Item #6
New Beginnings Outreach Ministries, Inc.
Page 5
Barry Knight: Thank you. Mr. Scarborough said you all had a meeting scheduled. How
ever this proceeding goes today, do you have a meeting scheduled, and will you continue
to meet with them?
Tammy Davis: He did mention to me that there was meeting schedule with one
representative that I won't be in attendance. It is another representative of the church that
he stated that was set forth earlier today.
Barry Knight: Fine. We would certainly hope that you will continue on with that
meeting however it goes today. Mr. Crabtree?
Eugene Crabtree: I just have a couple of questions. Have you ever had a call to your
church for a complaint to where the authorities had come out and asked you about noise
or .traffic?
Tammy Davis: Not to my knowledge. No sir.
Eugene Crabtree: So, therefore to the best of your knowledge, traffic and noise has never
been a problem or created by the church?
Tammy Davis: I don't believe so.
Eugene Crabtree: Okay. Thank you.
Barry Knight: Are there any other questions for Ms. Davis?
Dorothy Wood: We're ready for a motion.
Barry Knight: Okay, thank you ma'am. I'll open it up for discussion amongst the
Commission members. Who would like to start? Ms. Anderson?
Janice Anderson: Ms. Davis, I have one more question. Do you have any celebrations
outside the building?
Tammy Davis: No we don't.
Janice Anderson: Okay. Thank you.
Barry Knight: Okay. I'll open it up for discussion. Mr. Crabtree.
Eugene Crabtree: I'm ready to make a motion.
Barry Knight: The Chair will entertain a motion.
Eugene Crabtree: I move that we approve the application as submitted.
Item #6
New Beginnings Outreach Ministries, Inc.
Page 6
Dorothy Wood: Second.
Barry Knight: Okay. There is a motion on the floor to approve agenda item 6, New
Beginnings Outreach Ministries by Gene Crabtree and seconded by Dot Wood. Is there
any discussion among the Commission members? Okay. I'll call for the question.
AYE 10 NAY 0 ABS 0 ABSENT 1
ANDERSON
AYE _
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
STRANGE
ABSENT
WOOD
AYE
Ed Weeden: By a vote of 10-0, the Board has approved the application of New
Beginning Outreach Ministries, Inc.
Barry Knight: Thank you Mr. Weeden.
GREEN RUN HOMES ASSOCIATION
June 11, 2007
Barry Knight
Chairman
Virginia Beach Planning Commission
Municipal Center, Bldg. 2
Virginia Beach, VA 23456
RE: Agenda Item #6
New Beginnings Outreach Ministries Inc.
Dear Mr. Knight,
Residents near Primrose Shopping Center have expressed a number of questions and concerns
regarding the proposed conditional use permit.
The property owner has a poor history of property maintenance, and there have been many
complaints over the years regarding excessive noise, litter, and loitering around the property.
Many residents are concerned that the proposed conditional use would contribute to the noise,
traffic, and gunfire already generated by shopping center tenants.
Currently, neither Green Run Homes Association nor the surrounding neighbors are in a position
to support the application for a conditional use permit.
We urge the Planning Commission to defer any action on the proposed conditional use permit
so that neighboring property owners can have the opportunity to meet with the applicant and
the shopping center owner to discuss their concerns and attempt to secure assurances from the
applicant and owners.
I look forward to working with the Planning Commission and all interested parties to ensure that
the final project is one that will be compatible with the surrounding neighborhood and will have
a positive and beneficial impact on Virginia Beach.
Sincerely,
C JL
Chandler Scarborough
President
cc: Planning Commission
City Council
1248 GREEN GARDEN CIRCLE ' VIRGINIA BEACH, VIRGINIA 23453-2889 '(757) 427-2600
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach - An Ordinance amending Sections 111, 203, 211,
230, 401, 403, 501, 601, 801, 901, 1001, 1125, 1511, 1521 and 1531 of the City
Zoning Ordinance and combining Lodges, Community Centers, Private or Athletic
Clubs, Auditoriums, Arenas, Civic or Cultural -Centers, Social Centers,
Eleemosynary Establishments, Assembly Halls, Union Halls, and Bingo Halls as
Assembly Uses and combining Churches, Monasteries, and Convents'as
Religious Uses and making both uses Conditional in the zoning districts where
they are allowed and defining Storefront Religious Uses and making them
permitted uses in the B-2 Business District.
MEETING DATE: July 17, 2007
■ Background:
The proposed amendments are part of an effort to update the City Zoning
Ordinance. These proposed amendments address two groups of uses that, by
their nature as places where people assemble together, are similar, but are also
disparate in that one consists of gatherings for religious purposes while the other
does not. Since, however, the uses all consist of the assembling together of
people, the uses must also be treated similarly in terms of zoning. The attached
amendments strive to achieve such similarity in treatment.
■ Considerations:
The amendments will take all uses that are traditionally "assembly uses"
(Lodges, Community Centers, Private or Athletic Clubs, Auditoriums, Arenas,
Civic or Cultural Centers, Social Centers, Eleemosynary Establishments,
Assembly Halls, Union Halls, and Bingo Halls) and combine them into one
category — Assembly Uses. The same will be done for churches and their related
uses, such that they will be classified as Religious Uses.
Also added is a new category — Storefront Religious Uses. This category is
intended for those religious uses that are located in existing shopping centers
and are in compliance with the USBC (Building Code) and the parking
requirements of the Zoning Ordinance.
The Planning Commission placed this item on the consent agenda because the
amendment updates the ordinance pertaining to assembly and religious uses,
the amendment allows storefront religious uses to be a permitted use rather than
_what had become a routine conditional use, and there was no opposition to the
amendment.
CITY OF VIRGINIA BEACH — ASSEMBLY AND RELIGIOUS USES
Page 2 of 2
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to - -
approve this amendment to the City Zoning Ordinance.
■ Attachments:
Staff Review
Ordinance Amendment
Planning Commission Minutes
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting DepartmenVAgency: Planning Departme
City Manager: W%L
CITY OF VIRGINIA BEACH
AMENDMENT TO THE ZONING
ORDINANCE —ASSEMBLY AND
RELIGIOUS USES
Agenda Item # 10
June 13, 2007 Public Hearing
REQUEST:
An Ordinance amending Sections 111, 203, 211, 230, 401, 403, 501, 601, 801, 901, 1001, 1125, 1511,
1521 and 1531 of the City Zoning Ordinance and combining Lodges, Community Centers, Private or
Athletic Clubs, Auditoriums, Arenas, Civic or Cultural Centers, Social Centers, Eleemosynary
Establishments, Assembly Halls, Union Halls, and Bingo Halls as Assembly Uses and combining
Churches, Monasteries, and Convents as Religious Uses and making both uses Conditional in the zoning
districts where they are allowed and defining Storefront Religious Uses and making them permitted uses
in the B-2 Business District.
SUMMARY OF AMENDMENT
The proposed amendments are part of an effort to update the
City Zoning Ordinance. These proposed amendments address two groups of uses that, by their nature as
places where people assemble together, are similar, but are also disparate in that one consists of
gatherings for religious purposes while the other does not. Since, however, the uses all consist of the
assembling together of people, the uses must also be treated similarly in terms of zoning. The attached
amendments strive to achieve such similarity in treatment.
The amendments will take all uses that are traditionally "assembly uses" (Lodges, Community Centers,
Private or Athletic Clubs, Auditoriums, Arenas, Civic or Cultural Centers, Social Centers, Eleemosynary
Establishments, Assembly Halls, Union Halls, and Bingo Halls) and combine them into one category —
Assembly Uses. The same will be done for churches and their related uses, such that they will be
classified as Religious Uses.
Also added is a new category — Storefront Religious Uses. This category is intended for those religious
uses that are located in existing shopping centers and are in compliance with the USBC (Building Code)
and the parking requirements of the Zoning Ordinance.
RECOMMENDATION
The proposed amendments are recommended for approval.
CITY OF VIRGINIA BEACH
AMENDMENT TO THE CZO — ASSEMBLY AND
RELIGIOUS USES
Agenda Item 10
Page 1
Item #10
City of Virginia Beach
An Ordinance amending Sections 111, 203, 211, 230, 401, 403
501, 601, 801, 901, 1001, 1125, 1511, 1521 and 1531 of the
City Zoning Ordinance and combining Lodges, Community Centers,
Private or Athletic Clubs, Auditoriums, Arenas, Civic or Cultural
Centers, Social Centers, Eleemosynary Establishments, Assembly Halls,
Union Halls, and Bingo Halls as Assembly Uses and combining Churches
Monasteries, and Convents as Religious Uses and making both uses
Conditional in the zoning districts where they are allowed and defining
Storefront Religious Uses and making them permitted uses in -the B-2
Business District
June 13, 2007
CONSENT
Janice Anderson: The next matter is agenda item 10. It's the application of the City of
Virginia Beach, an ordinance amending Sections 111, 203, 211, 230, 401, 403, 501, 601,
801, 901, 1001, 1125, 1511, 1521 and 1531. These amendments merge uses and identify
them as assembly uses, and also merge uses and identify them as churches or religious
uses, and makes a distinction regarding store front religious uses making them permitted
uses in B-2 districts. Kay Wilson from the City Attorney's Office is representing this
application.
Kay Wilson. Yes ma'am. You should have at your desk a new revision to this
ordinance. It is revision 31 at the back of the ordinance. The only thing that it does from
the version that was at the informal session this morning is that it allows all assembly
uses in the agricultural districts rather than just assembly halls. This ordinance itself
reorganizes the City's Zoning Ordinance and combines many uses into two categories.
Assembly uses, which are listed on the first page, and as everyone knows assembly halls,
auditoriums, bingo halls, civic centers, community centers, private clubs, union halls, and
other like establishments, excluding religious uses, and Religious uses, which are
churches, monasteries, temples, and things of that nature. These two categories are
conditional uses where they are allowed. This is somewhat of a change for some of the
assembly uses that are permitted uses, particularly in the office and business districts. It
also brings the CZO into compliance with the Religious Land Use Institutionalize
Persons Act or RLUIPA, which requires the City to treat religious uses no worse than
other similar uses. This ordinance does do that. We've also added a category of
storefront religious sues. These would be permitted uses in the B-2 District. There has
been no opposition to this ordinance; so, it has been placed on the consent agenda by the
Planning Commission.
Janice Anderson: Thank you Ms. Wilson. Is there any objection to placing that
application on the consent agenda? Thank you. Mr. Chairman, I have a motion to
approve the following agenda item 10.
Item #10
City of Virginia Beach
Page 2
Barry Knight: Thank you. There is a motion on the floor. I have a second by Kathy
Katsias. Mr. Macali?
William Macali: Ms. Anderson, your motion is to approve the revised version of the
assembly usage version. Just for the record.
Janice Anderson: Thank you Mr. Macali. Yes.
Barry Knight: Her motion is to approve. Kathy, do you concur on your second?
Kathy Katsias: Yes.
Barry Knight: Is there any discussion on the consent agenda from the Commission
members? Okay. I'll call for the question.
Ed Weeden: By a vote of 10-0, the Board has approved item 10 for consent.
AYE 10 NAY 0 ABS 0 ABSENT 1
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
STRANGE
ABSENT
WOOD
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item 10 for consent.
1 AN ORDINANCE AMENDING SECTIONS 111, 203, 211, 230, 401, 403,
2 501, 601, 801, 901, 1001, 1125, 1511, 1521 AND 1531 OF THE CITY
3 ZONING ORDINANCE AND COMBINING LODGES, COMMUNITY
4 CENTERS, PRIVATE OR ATHLETIC CLUBS, AUDITORIUMS, ARENAS,
5 CIVIC OR CULTURAL CENTERS, SOCIAL CENTERS,
6 ELEEMOSYNARY ESTABLISHMENTS, ASSEMBLY HALLS, UNION
7 HALLS, AND BINGO HALLS AS ASSEMBLY USES AND COMBINING
8 CHURCHES, MONASTERIES AND CONVENTS AS RELIGIOUS USES
9 AND MAKING BOTH USES CONDITIONAL IN THE ZONING DISTRICTS
10 WHERE THEY ARE ALLOWED AND DEFINING STOREFRONT
11 RELIGIOUS USES AND MAKINGTHEM PERMITTED USES IN THE B-2
12 ZONING DISTRICT. -
13
14 Sections Amended: City Zoning Ordinance § 111, 203, 211,
15 230, 401, 403, 501, 601, 801, 901, 1001, 1125, 1511, 1521
16 and 1531
17 WHEREAS, the public necessity, convenience, general welfare and good zoning
18 practice so require;
19
20 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
21 VIRGINIA:
22
23 That the City Zoning Ordinance (City Code Appendix A) is hereby amended and
24 reordained by the amendment of Sections 111, 203, 211, 230, 401, 403, 501, 601, 801,
25 901, 1001, 1125, 1511, 1521 and 1531 to read as follows:
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
ARTICLE 1. GENERAL PROVISIONS
Sec. 111. Definitions.
Assembly Uses. Uses that involve the gathering of individuals or groups in one
location, such as arenas, assembly halls auditoriums bingo halls civic centers
community centers, eleemosynary establishments private clubs union halls and
excluding religious uses.
Religious Uses. Places of religious worship such as churches synagogues
temples, mosques, similar places and their appurtenant uses
1
44 ....
45
46 Storefront Religious Use A religious use located in a previously established
47 shopping center.
48
49 ....
50
51 CONEMENT
52
53 The amendments to these ordinances will take all uses that are traditionally "assembly
54 uses" and combine them into one category—Assembly Uses. The same will be done for churches
55 and their related uses, whereby they will be Religious Uses.
56
57 Also added is Storefront Religious Uses for those religious uses that are located in existing
58 shopping centers and are in compliance with the USBC and the parking requirements of the CZO.
59
60
61 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO
62 ALL DISTRICTS
63
64 ....
65
66 Sec. 203. Off-street parking requirements.
67
68 (a) The following specified uses shall comply with the off-street parking
69 requirements designated therefor:
70
71 ....
72
73 (7) GhuFGhes. At least eRe spaGe peF five (5) seats OF benGh seating s,
74
75
76 shUrGh. Reserved
77
78 ....
79
80 (28) Public buildings and funeral homes: At least one space per five hundred
81 (500) square feet of floor area;
82
83 (28.1) Religious Uses: At least one space per five (5) seats or bench seating
84 _space in the main auditorium.
85
86 ....
87
2
88 (33) (i) Shopping centers containing more than eight (8) individual uses or
89 businesses and located on a zoning lot five (5) to ten (10) acres in size shall have a
90 total of: -
91
92 a. One space per two hundred (200) square feet of floor area of all uses except
93 restaurants, slUrskaees religious uses and theaters;
94
95 ....
96
97 (ii) Shopping centers containing more than eight (8) individual uses or
98 businesses and located on a zoning lot ten (10) to thirty (30) acres in size shall have a
99 total of: -
100
101 a. One space per two hundred (200) square feet of floor area of all uses except
102 restaurants, GhUFGhes religious uses and theaters;
103
104 ....
105
106 (iii) Shopping centers containing more than eight (8) individual uses or
107 businesses and located on a zoning lot greater than thirty (30) acres in size shall have a
108 total of:
109
110 a. One space per two hundred (200) square feet of floor area of all uses except
111 restaurants, des religious uses and theaters;
112
113
114
115 COMMENT
116
117 These amendments simply replace "church" with "Religious Use."
118
119
120 Sec. 211. Signs permitted in all districts.
121
122 The following types of signs are exempted from all of the provisions of this
123 ordinance, except for illumination, construction, and safety regulations and the following
124 standards:
125
126 ....
127
128 (i) GhUFGh Religious Use signs. One sign per entrance not to exceed twenty -
129 four (24) square feet per face. No such sign shall have more than two (2) faces.
130
131 ....
3
132 Sec. 230. s#ufGhes--. Religious Uses.
133
134 In addition to general requirements, the following special requirements and
135 limitations shall apply to s#UFshes religious uses in districts in which they are generally
136 permitted:
137
138 (a) Minimum lot area. The minimum lot area fGF GhuFGhes shall be three (3) acres.
139
140 (b) Off-street parking. At least one space per five (5) seats or bench seating
141 spaces in the main auditorium. pFevided, hGwever,
142 leGated On a shoppiRg reRteF shall be as the G9nditieRal use permit allowing
143 SUGh GhUfGh-.
144
145 ....
146
147 COMMENT
148
149 These amendments simply replace "church" with "Religious Use."
150
151
152 ARTICLE 4. AGRICULTURAL DISTRICTS
153
154 ....
155
156 Sec. 401. Use regulations.
157
158 (a) Principal and conditional uses. The following chart lists those uses
159 permitted within the AG -1 and AG -2 Agricultural Districts. Those uses and structures in
160 the respective agricultural districts shall be permitted as either principal uses indicated
161 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an
162 "X" shall be prohibited in the respective districts. No uses or structures other than as
163 specified shall be permitted.
164
165 Use AG -1 AG -2
166 ....
167 Assembly Uses C C
168
169 Child care education centers in
170 connection with public or private
171 elementary schools or sloshes
172 religious uses P P
173
174 Oh�shes O
175 Community Centers
176 ....
4
177
178
179
180 Public elementary, intermediate and
181 high schools, colleges and universities;
182 day nurseries in connection with public
183 or private elementary schools or
184 Ghur-Ghes-religious uses P P
185
186 Religious Uses C - C
187 ....
188
189 ....
190
191 Sec. 403. Sign regulations.
192
193 (a) Not to exceed one identification sign not more than sixteen (16) square
194 feet in area for each principal entrance or frontage of any use except s#es religious
195 uses and educational institutions, for which the maximum area per sign shall not exceed
196 thirty-two (32) square feet.
197
198 ....
199
200 COMMENT
201
202 In the Agricultural Districts, presently lodges and community centers are conditional uses,
203 and churches and monasteries are also conditional uses. These amendments will make all
204 "assembly uses" and "religious uses" conditional uses.
205
206
207 ARTICLE 5. RESIDENTIAL DISTRICTS
208
209 ....
210
211 Sec. 501. Use regulations.
212
213 (a) Principal and conditional uses. The following chart lists those uses
214 permitted within the R-40 through R-2.5 Residential Districts. Those uses and structures
215 in the respective residential districts shall be permitted as either principal uses indicated
216 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an
217 "X" shall be prohibited in the respective districts. No uses or structures other than as
218 specified shall be permitted.
219
220
221 Residential Districts
5
222 Uses
223 R-40 R-30 R-20 R-15 R-10 R-7.5 R -5D R -5R R -5S R-2.5_
224
225
226 Child care centers
227 and child care
228 education centers
229 in slimes
230 religious uses C C C C C C C C C C
231 G#afshes
232 ....
233 Community
234 centers, alis PC PC PC PC PC PC PC PC PC PC
235 ....
Religious Uses C C C C C C C C C C
236 ....
237
238 COMMENT
239
240 In Residential Districts, presently public community centers are conditional uses, and
241 churches are also conditional uses. These amendments will make "assembly uses" prohibited,
242 except for community centers, which will be conditional and will make "religious uses" conditional
243 uses.
244
245 ARTICLE 6. APARTMENT DISTRICTS
246
247 Sec. 601. Use regulations.
248
249 (a) Principal and conditional uses. The following chart lists those uses
250 permitted within the A-12 through A-36 Apartment Districts. Those uses and structures
251 in the respective apartment districts shall be permitted as either principal uses indicated
252 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an
253 "X" shall be prohibited in the respective districts. No uses or structures other than as
254 specified shall be permitted.
255
256 Use
257 A-12 A-18 A-24 A-36
258
259 Assembly Uses C C C C
260
261 Child care education centers in
262 conjunction with public or private
263 elementary schools or sees
264 religious uses P P P P
265 GhUFGhes G G G G
P.
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
Religious Uses
COMMENT
In the Apartment Districts, presently clubs, private or athletic are allowed as conditional
uses in the A-24 and A-36 zoning districts, and churches also conditional uses. These amendments
will make "assembly uses" and "religious uses" conditional uses. -
ARTICLE 8. OFFICE DISTRICTS
Sec. 801. Use regulations.
(a) Principal and conditional uses. The following chart lists those uses
permitted within the 0-1 and 0-2 Office Districts. Those uses and structures in the
respective Office Districts shall be permitted as either principal uses indicated by a "P"
or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall
be prohibited in the respective districts. No uses or structures other than as specified
shall be permitted.
Use
01 02
Assembly Uses C C
Child care education centers in
connection with public or private
elementary schools or rhUFGhes
religious uses p p
Sys G G
Museums, art galleries,
euditeFoums, areas,
n„I,+„ral nenteFsT, historic exhibits,
botanical gardens, parks,
recreational facilities and the like,
when operated by a public
agency or not for profit X P
establishments and athletin nl„h �/ G
vvaaw u,w, �r� ��i 7t
7
C
C
C
C
COMMENT
In the Apartment Districts, presently clubs, private or athletic are allowed as conditional
uses in the A-24 and A-36 zoning districts, and churches also conditional uses. These amendments
will make "assembly uses" and "religious uses" conditional uses. -
ARTICLE 8. OFFICE DISTRICTS
Sec. 801. Use regulations.
(a) Principal and conditional uses. The following chart lists those uses
permitted within the 0-1 and 0-2 Office Districts. Those uses and structures in the
respective Office Districts shall be permitted as either principal uses indicated by a "P"
or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall
be prohibited in the respective districts. No uses or structures other than as specified
shall be permitted.
Use
01 02
Assembly Uses C C
Child care education centers in
connection with public or private
elementary schools or rhUFGhes
religious uses p p
Sys G G
Museums, art galleries,
euditeFoums, areas,
n„I,+„ral nenteFsT, historic exhibits,
botanical gardens, parks,
recreational facilities and the like,
when operated by a public
agency or not for profit X P
establishments and athletin nl„h �/ G
vvaaw u,w, �r� ��i 7t
7
311 Reliqious Uses C C
312 .... _
313
314 COMMENT
315
316 In the Office Districts, presently auditoriums, arenas and civic or cultural centers are
317 prohibited in the 0-1 zoning district and permitted in the 0-2 Zoning District, and private clubs
318 and lodges, social centers, eleemosynary establishments and athletic clubs are prohibited in the 0-1
319 zoning district, and are conditional uses in the 0-2 Zoning District. Churches are conditional uses.
320 These amendments will make "assembly uses" and "religious uses" conditional in the 0-1 and 0-2
321 zoning districts.
322
323 ARTICLE 9. BUSINESS DISTRICTS
324
325 ....
326
327 Sec. 901. Use regulations.
328
329 (a) Principal and conditional uses. The following chart lists those uses
330 permitted within the B-1 through B -4K Business Districts. Those uses and structures in
331 the respective business districts shall be permitted as either principal uses indicated by
332 a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X"
333 shall be prohibited in the respective districts. No uses or structures other than as
334 specified shall be permitted.
335
336 B-1 B -1A B-2 B-3 B -3A B-4 B -4C B -4K
337 Assembly Uses C C C C C C C C
338 AudeteFiums, assembly —
339 ;ally, arenas, ,a„a--a;TOT
340 Malls X G P- P- g P- P- X
341 ....
342 x X G x x G X X
343
344 ekes X G G C
345
346 Priv ate a-1 ,hs, lodges,
347 p^nial neRters
348 eleemosynaFy
349 establishments and
350 a#hle#is-sluts p- P- P- P- P- P- P- P-
351 ....
352 Religious Uses C C C C C C C C
353 ....
354 Storefront religious uses,
355 X X P X X X X X
L
356
357 ....
358
359 COMMENT
360
361 In the Business Districts, presently auditoriums, assembly halls, arenas and union halls are
362 prohibited in the B-1 and B4K zoning districts, conditional in the B -1A zoning district and
363 permitted in the other business districts; bingo halls are conditional in the B-2 and B-4 business
364 districts and private clubs and lodges, social centers, eleemosynary establishments and athletic
365 clubs are permitted in all districts. Churches are conditional in all zoning districts, except B-1
366 where they are prohibited. These amendments will make "assembly- uses" and "religious uses"
367 conditional uses in all districts. Storefront Religious Uses are permitted in the B-2 district and
368 prohibited elsewhere.
369
370 ARTICLE 10. INDUSTRIAL DISTRICTS
371
372 Sec. 1001. Use Regulations.
373
374 (a) Principal and conditional uses. The following chart lists those uses permitted
375 within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the
376 respective industrial districts shall be permitted as either principal uses
377 indicated by a "P" or as conditional uses indicated by a "C." .. .
378
379 Use
380 I-1 1-2
381 ....
382 hinge -1 11s O O
383 ....
384
385 COMMENT
386
387 In the Industrial Districts, presently bingo halls are conditional uses and churches are
388 prohibited. These amendments will make "assembly uses" and "religious uses" prohibited in all
389 Industrial Districts.
390
391 ARTICLE 11. PLANNED DEVELOPMENT DISTRICTS
392 ....
393
394 B. PD -1-12 PLANNED UNIT DEVELOPMENT DISTRICT
395
396 ....
397
398 Sec. 1125. Allowed Uses.
399
400 Within the PD -H2 District, only the following uses and structures shall be
401 permitted:
9
402
403
404
405
406
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
435
436
437
438
439
440
441
442
443
444
445
446
(c) Conditional uses.
(1) bi-FtlrGhes Religious Uses, provided that such use shall not be eligible for
residential density credit;
COMMENT
These amendments simply replace "church" with "Religious Use."
ARTICLE 15. RESORT TOURIST DISTRICTS
B. RT -2 Resort Tourist District
Sec. 1511. Use regulations.
(a) The following chart lists those uses permitted within the RT -2 Resort
Tourist District as either principal uses, as indicated by a "P," or as conditional uses, as
indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article
2 (section 220 et seq.)... .
Use
Assembly Uses
AuditeFil-ImIlls almid -assembly halls
vate—r--lubs, ledges, Co"
sentefs, aleemesyR n
establ*shmeRt aR d athletiG nluhs
Religious Uses
Retail establishments, provided
that adult bookstores shall be
prohibited from locating within
five hundred (500) feet of any
RT -2
C
G
l�
C
10
447 Apartment or Residential zoning
448 district, single- or multiple-family
449 dwelling, GhUFGh, religious use.
450 park, or school P
451 ....
452
453 COMMENT
454
455 In the RT-2 District, presently auditoriums, assembly halls and private clubs and lodges,
456 social centers, eleemosynary establishments and athletic clubs are conditional uses. Churches are
457 conditional uses. These amendments will make "assembly uses" and "religious uses" conditional
458 uses.
459
460 C. RT-3 RESORT TOURIST DISTRICT
461
462 Sec. 1521. Use regulations.
463
464 (a) The following chart lists those uses permitted within the RT-3 Resort
465 Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as
466 indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article
467 2 (section 220 et seq.).
468
469 ....
470
471 Use
472 RT-3
473
474 Assembly Uses C
475 AwditeFoums and Assembly Halls
476 ....
477 des O
478 ....
479 mete Clubs, leder
480 s9G+a' oeeterns,
481
482 estab"shments and
483 O
484
485 Religious Uses C
486
487 ....
488
489
490
491
11
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
COMMENT
In the RT -3 District, presently auditoriums, assembly halls and private clubs and lodges,
social centers, eleemosynary establishments and athletic clubs are conditional uses. Churches are
conditional uses. These amendments will make "assembly uses" and "religious uses" conditional
uses.
D. RT -4 RESORT TOURIST DISTRICT
Sec. 1531. Use regulations.
(c) Conditional uses and structures: Uses and structures hereinafter
specified, subject to compliance with the provisions of part C of article 2 hereof:
(2) Chur-Ghes Religious Uses;
COMMENT
In the RT -4 District, presently all assembly uses are prohibited and churches are
conditional uses. These amendments will make "assembly uses" prohibited and "religious uses"
conditional uses.
Adopted by the Council of the City of Virginia Beach, Virginia on the
of , 2007.
12
day
Approved qs to Content:
•M �tpartrnent
CA10211
R-31
June 12, 2007
13
Approved as to Legal Sufficiency:
City Attorney's Office
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend the City Zoning Ordinance Sections 234, 401, 501,
601, 901, 1511, 1521 and 1531 pertaining to Home Occupations by excluding the
sale, service or repair of firearms and deleting radio or television repair shops as
an excluded use. -
MEETING DATE: July 17, 2007
■ Background:
The proposed amendments are part of an effort to update the City Zoning
Ordinance. These particular amendments address two specific uses, the impacts
of which have changed over time. The amendments will allow radio or television
repair (currently excluded) as home occupations, and prohibit the sales, service
or repair of firearms as a home occupation in the Agricultural, Residential,
Apartment, Business, RT -2, RT -3 and RT -4 Zoning Districts.
■ Considerations:
The amendments will allow radio or television repair as a home occupation.
Currently, this category of use is not allowed as a home occupation, primarily due
to the fact that in the past when radios and television were commonly repaired on
a frequent basis due to the type of technology they utilized, the traffic and other
impacts from the repairs in a neighborhood setting were potentially detrimental.
As technology has changed over the years, the repair of radios or televisions is
not common, and thus, the potential impact of such a use in a neighborhood
setting is substantially diminished.
On the other hand, the repair or firearms as a home occupation has increased
over the years. This use has the potential to have substantial negative impacts,
and thus is now proposed as a use not allowed as a home occupation. Currently,
the Zoning Ordinance allows Firearm Sales as an accessory use in the home
without a conditional use permit only when the actual sale of a firearm does not
occur in the applicant's home. There can be no firearm repair in the home and no
weapons can be kept in the residence. This is relatively rare and occurs only
when the applicant sells exclusively to a law enforcement agency. In all other
cases, Firearm Sales is a Home Occupation requiring a conditional use permit in
residential districts. Since 2000, City Council has granted three (3) Conditional
Use Permits for gun sales/repair. No complaints have been received by the
Zoning Office regarding the sites and the sites appear to be in compliance with
all conditions.
A description of how other localities address firearm sales or repair is provided in
the attached staff report.
CITY OF VIRGINIA BEACH — HOME OCCUPATION USES
Page 2 of 2
The Planning Commission placed this item on the consent agenda because the
amendment updates the ordinance pertaining to home occupation uses and
there was no opposition to the amendment.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this amendment to the City Zoning Ordinance.
■ Attachments:
Staff Review
Ordinance Amendment
Planning Commission Minutes
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen
City Manage k... , Q4 &)-I,
CITY OF VIRGINIA BEACH
AMENDMENT TO THE ZONING
ORDINANCE — HOME OCCUPATIONS
Agenda Item # 9
June 13, 2007 Public Hearing
REQUEST:
An Ordinance to Amend the City Zoning Ordinance Sections 234, 401, 501, 601, 901, 1511, 1521 and
1531 pertaining to Home Occupations by excluding the sale, service or repair of firearms and deleting
radio or television repair shops as an excluded use.
SUMMARY OF AMENDMENT
The proposed amendments are part of an effort to update the
City Zoning Ordinance. These particular amendments address two specific uses, the impacts of which
have changed over time. The amendments will allow radio or television repair (currently excluded) as
home occupations, and prohibit the sales, service or repair of firearms as a home occupation in the
Agricultural, Residential, Apartment, Business, RT -2, RT -3 and RT -4 Zoning Districts.
The amendments will allow radio or television repair as a home occupation. Currently, this category of
use is not allowed as a home occupation, primarily due to the fact that in the past when radios and
television were commonly repaired on a frequent basis due to the type of technology they utilized, the
traffic and other impacts from the repairs in a neighborhood setting were potentially detrimental. As
technology has changed over the years, the repair or radios or televisions is not common, and thus, the
potential impact of such a use in a neighborhood setting is substantially diminished.
On the other hand, the repair or firearms as a home occupation has increased over the years. This use
has the potential to have substantial negative impacts, and thus is now proposed as a use not allowed as
a home occupation. Currently, the Zoning Ordinance allows Firearm Sales as an accessory use in the
home without a conditional use permit only when the actual sale of a firearm does not occur in the
applicant's home. There can be no firearm repair in the home and no weapons can be kept in the
residence. This is relatively rare and occurs only when the applicant sells exclusively to a law
enforcement agency_ In all other cases, Firearm Sales is a Home Occupation requiring a conditional use
permit in residential districts. Since 2000, City Council has granted three (3) Conditional Use Permits for
gun sales/repair. No complaints have been received by the Zoning Office regarding the sites and the sites
appear to be in compliance with all conditions.
A description of how other localities address firearm sales or repair is provided below.
HAMPTON ROADS:
Norfolk — Firearm sales or repair not allowed as a home occupation.
CITY OF VIRGINIA BEACH
AMENDMENT TO THE CZO — HOME OCCUPATION
Agenda Item # 9
Page 1
• Chesapeake - Firearm sales or repair is classified as a Level II home occupation since it involves
retail sales on the premises and it requires a conditional use permit from City Council.
• Portsmouth - Firearm sales or repair is not allowed as a home occupation because no customers -
are allowed at the residence.
• Hampton - Firearm sales or repair is not allowed as a home occupation.
• Newport News - Firearm sales or repair is allowed by permit; however, the permit is for office use
only (Internet sales). The sales or the repair of firearms on the premises is not allowed.
• York County - Firearm sales or repair is not allowed as a home occupation.
OTHER VIRGINIA LOCALITIES:
• Stafford County - Firearm sales or repair is not allowed as a -home occupation.
• Loudon County - Firearm sales or repair is not allowed as a home occupation. Home occupation
definition states that the only retail sales from homes can be of handcrafted goods.
• Henrico County — Zoning ordinance prohibits home occupations from have stock -in -trade stored
on the premises. It is not possible, therefore, to have a federal firearms license for a home
occupation because the license requires you to exchange goods on the site (except for sales
involving law enforcement agencies).
• Chesterfield County - Firearm sales requires a conditional use permit. Firearm repair does not
require a use permit.
As additional information on this topic, the following are the application requirements of the Federal
Bureau of Alcohol, Tobacco and Firearms (ATF) pertaining to firearm sales or repair.
• Must be 21 years or more of age.
• Certification that the business is in compliance with all State and local laws.
• Certification that the applicant has sent a form to the chief law enforcement officer where the
premises is located notifying the officer that the applicant intends to apply for a license.
• Certification that the secure gun storage or safety devices will be available at any place in which
firearms are sold under the license to persons who are not licensees.
• Submittal of photographs and fingerprints for the applicant. Background check is performed.
• Submittal of application form and licensing fee.
Additionally, there are a myriad of Federal and State regulations pertaining to firearm sales that any
firearms dealer must adhere to.
RECOMMENDATION
The proposed amendments are recommended for approval.
CITY OF VIRGINIA BEACH
AMENDMENT TO THE CZO — HOME OCCUPATION
Agenda Item # 9
Page 2
Item #9
City of Virginia Beach
An Ordinance to Amend the City Zoning Ordinance Sections
234, 401, 501, 601, 901, 1511, 1521 and 1531 pertaining to
Home Occupations by excluding the sale, service and repair
of firearms and deleting radio or television repair shops as an
excluded use
June 13, 2007
CONSENT
Janice Anderson: The next matter is agenda item 9, the City of Virginia Beach. This is
an ordinance to amend the City Zoning Ordinance Sections 234, 401, 501, 601, 901, 1521
and 1531. This is pertaining to home occupations, which excludes sales, service and
repair of firearms and allowing radio and television repair. Kay Wilson, are you going to
be the representative on this matter?
Kay Wilson: Yes ma'am.
Janice Anderson: Thank you.
Kay Wilson: This is an amendment to the City Zoning Ordinance to modernize the Code
in regard to prohibited home occupations. It will delete radio and television repair shops
and add the sales, service or repair of firearms as prohibited. In light of there being no
opposition, the Planning Commission has placed this item on the consent agenda.
Janice Anderson: Thank you Ms. Wilson. Is there any opposition to this application
being placed on the consent agenda? Thank you. Mr. Chairman, I have a motion to
approve the following agenda item 9.
Barry Knight: Thank you. There is a motion on the floor. I have a second by Kathy
Katsias. Is there any discussion on the consent agenda from the Commission members?
Okay. I'll call for the question.
AYE 10 NAY 0 ABS 0 ABSENT 1
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
STRANGE
ABSENT
Item #9
City of Virginia Beach
Page 2
WOOD AYE
Ed Weeden: By a vote of 10-0, the Board has approved item 9 for consent.
1 AN ORDINANCE TO, AMEND THE CITY
2 ZONING ORDINANCE SECTIONS 234, 401,
3 501, 601, 901, 1511, 1521, AND 1531
4 PERTAINING TO HOME OCCUPATIONS BY
5 EXCLUDING THE SALE, SERVICE OR
6 REPAIR OF FIREARMS AND DELETING
7 RADIO OR TELEVISION REPAIR SHOPS AS
8 AN EXCLUDED USE
9
10 Sections Amended: City Zoning Ordinance §
11 234, 401, 501, 601, 901, 1511, 1521 and 1531
12 WHEREAS, the public necessity, convenience, general welfare and good zoning
13 practice so require;
14
15 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
16 VIRGINIA:
17
18 That the City Zoning Ordinance is hereby amended and reordained by the
19 amendment of Sections 234, 401, 501, 601, 901, 1511, 1521 and 1531 to read as
20 follows:
21
22 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE
23 TO ALL DISTRICTS
24
25 ....
26
27 C. Conditional Uses & Structures
28
29 ....
30
31 Sec. 234. Home Occupations.
32
33 In districts where they are generally permitted, an occupation may be conducted
34 in a dwelling unit, provided that:
35
36 ....
37
38 (e) The following uses are specifically excluded: Convalescent or nursing
39 homes, tourist homes, massage parlors,,
40 auto repair shops, sale service or repair of firearms, or similar
41 establishments.
42 Article 4. AGRICULTURAL DISTRICTS
43
44 ....
45
46 Sec. 401. Use regulations.
47
48 ....
49
50 (b) Accessory uses and structures. Uses and structures which are customarily
51 accessory and clearly incidental and subordinate to principal uses and structures,
52 including but not limited to: -
53
54 ....
55
56 (2) . . . . The following are specifically prohibited as accessory activities:
57 Convalescent or nursing homes, tourist homes, massage or tattoo parlors,
58 body piercing establishments, Fadia eF television FepaiF sheps, auto repair
59 shops, sale, service or repair of firearms, or similar establishments.
60
61 ARTICLE 5. RESIDENTIAL DISTRICTS.
62
63 ....
64
65 Sec. 501. Use Regulations
66
67 ....
68
69 (b) Accessory uses and structures. Uses and structures which are customarily
70 accessory and clearly incidental and subordinate to principal uses and structures
71 and where such accessory structures do not exceed the height of the principal
72 structure and do not exceed five hundred (500) square feet of floor area or
73 twenty (20) percent of the floor area of the principal structure, whichever is
74 greater. Such accessory uses and structures include but are not limited to:
75
76 ....
77
78 (5) .... The following are specifically prohibited as accessory activities:
79 Convalescent or nursing homes, tourist homes, massage or tattoo parlors,
80 body piercing establishments, Fadie eF teleyiSiGR FepaiF shops, auto repair
81 shops, sale, service or repair of firearms, or similar establishments.
82
83 ARTICLE 6. APARTMENT DISTRICTS.
84
85 ....
86
87 Sec. 601. Use regulations.
2
88
89 ....
90
91 (b) Accessory uses and structures. Uses and structures which are customarily
92 accessory and clearly incidental and subordinate to principal uses and structures,
93 including but not limited to:
94
95 ....
96
97 (2) .... The following are specifically prohibited as accessory activities:
98 Convalescent or nursing homes, tourist homes, massage or tattoo parlors,
99 body piercing establishments,iaiF , auto repair
100 shops, sale service or repair of firearms, or similar establishments.
101
102 ARTICLE 9. BUSINESS DISTRICTS
103
104 ....
105
106 Sec.. 901. Use regulations.
107
108 ....
109
110 (b) Accessory uses and structures. Uses and structures which are customarily
111 accessory and clearly incidental and subordinate to the principal uses and
112 structures, including, but not limited to:
113
114 (1) .... The following are specifically prohibited as accessory activities:
115 Convalescent or nursing homes, tourist homes, massage or tattoo parlors,
116 Fadee eF televisiOR FepaffiF shGW, auto repair shops, sale, service or repair
117 of firearms, or similar establishments.
118
119
120 B. RT-2 RESORT TOURIST DISTRICT
121
122 ....
123
124 Sec. 1511. Use regulations.
125 ....
126
127 (b) Accessory uses and structures: Uses and structures which are customarily
128 accessory and clearly incidental and subordinate to the principal uses and
129 structures; provided, however, that drive-through facilities shall not be permitted:
130
131 (1) .... The following are specifically prohibited as accessory activities:
132 Convalescent or nursing homes, tourist homes, massage or tattoo parlors,
3
133 body piercing establishments, , auto repair
134 shops, sale, service or repair of firearms or similar establishments.
135
136 C. RT -3 RESORT TOURIST DISTRICT
137
138 ....
139
140 Sec. 1521. Use Regulations.
141
142 ....
143
144 (b) Accessory uses and structures: Uses and structures which are customarily
145 accessory and clearly incidental and subordinate to the -principal uses and
146 structures; provided, however, that drive-through facilities shall not be permitted
147 as an accessory use:
148
149 (1) .... The following are specifically prohibited as accessory activities:
150 Convalescent or nursing homes, tourist homes, massage or tattoo parlors,
151 body piercing establishments, Fadie 9F televisioR FepaiF shops, auto repair
152 shops, sale, service or repair of firearms or similar establishments.
153
154 D. RT -4 Resort Tourist District
155
156 ....
157 (b) Accessory uses and structures: Uses and structures which are customarily
158 accessory and clearly incidental and subordinate to the principal uses and structures:
159
160 ....
161
162 The following are specifically prohibited as accessory activities: Convalescent or nursing
163 homes, tourist homes, massage or tattoo parlors, body piercing establishments, radio 9
164 television repairs, auto repair shops, sale, service or repair of firearms, or similar
165 establishments.
166
167 COMMENTS
168 These amendments will allow radio or television repair shops as home occupations, and
169 prohibit the sales, service or repair of firearms in the Agricultural, Residential, Apartment,
170 Business, RT -2, RT -3 and RT -4 Zoning Districts
171 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
172 of 2007.
F
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
I 1aut�.
City Attorney's 6ffice
CA -10209 -
V:\applications\citylawprod\cycom32\Wpdocs\DO09\PO01\00023301. DOC
R-13
May 2, 2007
5
L. APPOINTMENTS
BOARD OF ZONING APPEALS
COMMUNITY MEDICAL ADVISORY COMMISSION
DEVELOPMENT AUTHORITY (VBDA)
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
CITY OF VIRGINIA BEACH
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SUMMARY OF COUNCIL ACTIONS
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I I CITY COUNCIL BRIEFINGS
A. HRT UNIVERSAL SHUTTLE Michael Townes,
President and
CEO, Hampton
Roads Transit
Gene Cavasos,
Director of
Marketing,
Hampton Roads
Transit
B. SANDLER CENTER Patricia Phillips,
Director, Finance
Dorothy L Wood,
Chair, Performing
Arts Committee
Lynwood Branch,
President,
Virginia Beach
Performing Arts
Center Foundation
II CITY MANAGER BRIEFINGS
A. WORKFORCE HOUSING Andrew
Friedman,
Director, Housing
and Neighborhood
Preservation
Bill Macali
Deputy City
Attorney
B. LEROY DRIVE MASTER PLANI David L. Hansen,
Chief, Finance
and Technology
III/ I MINUTES APPROVED 9-0 I Y I Y I A
IV/
V/ Informal/Formal Sessions May 15, 2007
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CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H-1
PUBLIC HEARING
1. BYRNE MEMORIAL JUSTICE
NO SPEAKERS
V
DATE: July 10, 2007
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ASSISTANCE GRANT
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G/
H-1
PUBLIC HEARING
1. BYRNE MEMORIAL JUSTICE
NO SPEAKERS
ASSISTANCE GRANT
2. LEASE OF CITY OWNED PROPERTY
2293 Lynnhaven Parkway re TRGHC
NO SPEAKERS
I -I
PUBLIC BRIEFING
TOWN CENTER PHASE III/Property Exchange
Patricia Phillips,
Director, Finance
Alexander Stiles,
Associate City
Attorney
J/
Ordinance toAMEND Chapter ?/Article XVI of
ADOPTED BY
9-0
Y
A
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Y
Y
Y
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Y
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K-1
City Code'AMEND §2-382/REPEAL §2-387 re
CONSENT
composition ofPlanning Department
2
Ordinance toAUTHORIZE lease of City -owned
DEFERRED
9-0
Y
A
A
Y
Y
Y
Y
Y
Y
Y
Y
property at 2293 Lynnhaven Pkwy for onryear
INDEFINITELY
with TRGHC re residential housing for juvenile
BY CONSENT
offenders throughtransitional living
3
Ordinance toACCEPT dedication of property
ADOPTED BY
9-0
Y
A
A
Y
Y
Y
Y
Y
Y
Y
Y
from Lynnhaven-Little Neck Civic League, Inc,
CONSENT
at 586 N Lynnhaven RdAUTHORIZE all related
documents
q
Ordinance toACCEPT/APPROPRIATE
ADOPTED BY
9-0
Y
A
A
Y
Y
Y
Y
Y
Y
Y
Y
$300,000 from Performing Arts Center Foundation
CONSENT
to Sandler Center re a free-standing sign
5
Resolution toAUTHORIZE renewed agreement
ADOPTED BY
9-0
Y
A
A
Y
Y
Y
Y
Y
Y
Y
Y
with Virginia Beach Performing Arts Center
CONSENT
Foundation, Inc -
6
Resolution toAUTHORIZIJDIRECT the City
ADOPTED BY
9-0
Y
A
A
Y
Y
Y
Y
Y
Y
Y
Y
Manager to initiate bids for lease oLynnhaven
CONSENT
City Marina
INIA BEACH
COUNCIL ACTIONS
V
O 1
M B L
D C E L
E D H C R A W
LLAGENDA
S I E J L N U N I
T E D N O A D H U L W
E Z Y L N N O R E S O
BJECT
MOTION
VOTE p E E E E A R I V O O
S N F NA N D
H L R Y
Resolution toRECEIVE recommendations of
REMOVED
B Y C O N S E N S U S
7
Employee Benefits Review Task Forci
FROM THE
EXTEND term of Task Force
AGENDA
SUBJECT TO BE
-
DISCUSSED AT
COUNCIL
RETREAT
8 Resolution toESTABLISHTransportation
DEFERRED
9-0 Y A A Y Y Y Y Y Y Y Y
Authority Committeere review of provisions of
INDEFINITELY
HRTA Act
BY CONSENT
Variance to §4.4(d) of Subdivision Ord that all
GRANTED BY
9-0 Y A A Y Y Y Y Y Y Y Y
L-1
lots meet CZO re lot width forVAN GIANG at
CONSENT
972 Whitehurst Landirg Road re flag lotfor
single-family dwelling
DISTRICT 2—KEMPSVILLE
CAVALIER GOLF/YACHT CLUB CUP re a
MOTION TO
5-5 Y Y A N N N N Y N Y Y
2
golf club agronomy facility at Kamichi Burt
APPROVE
DISTRICT 5— LYNNHAVEN
FAILED TO TIE
VOTE
B'NAI ISRAEL CUP at 620 Baker Road re
DEFERRED
9-0 Y A A Y Y Y Y Y Y Y Y
3
bingo hall
INDEFINITELY
DISTRICT 2— KEMPSVILLE
BY CONSENT
SHORE DRIVE PARASAILING, INC., CUP
APPROVED/
9-0 Y A A Y Y Y Y Y Y Y Y
4
at 3311 Shore Drive re parasailing
CONDITIONED
DISTRICT 5— LYNNHAVEN
BY CONSENT
Applications at 1763 Princess Anne Road:
MODIFIED AS
8-2 Y Y A N Y N Y Y Y Y Y
5
DISTRICT 7— PRINCESS ANNE
PROFFERED/
HAC PROPERTIES Modification of
CONDITIONED
a.
Proffer No 3
b. NORMA DIANE PAYNE HEWIT t/a
ARGO OF TIDEWATER for a CUP re
low speed vehicles
BROWN BUILDING CORP Modification of
MODIFIED AS
9-0 Y A A Y Y Y Y Y Y Y Y
6
Pro ers for conditional rezoning at 4847 Dolton
PROFFERED BY
Drive to allowa childcare facility
CONSENT
DISTRICT 2— KEMPSVILLE
AGC ACQUISITION, L.L.C. CoZ from AG -2
DEFERRED
9-0 Y A A Y Y Y Y Y Y Y Y
7
to Conditional B4 at 1291 Nimmo Pkwy re retail
INDEFINITELY
building(multi-family dwellings
BY CONSENT
DISTRICT 7= PRINCESS ANNE
CITY OF VIRGINIA BEACH
APPOINTMENTS
SUMMARY OF COUNCIL ACTIONS
ON
BLUE RIBBON TAX, FEE and SPENDING
V
DATE: July 10, 2007
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Frederick J. Napolitano, Jr.
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Nancy K. Parker
H
9-0
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ADD
APPOINTMENTS
ON
BLUE RIBBON TAX, FEE and SPENDING
_
TASK FORCE
Frederick J. Napolitano, Jr.
Nancy K. Parker
APPOINTED
APPOINTED
9-0
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Term
M/N/
ADJOURNMENT
7:03 P.M
O
PUBLIC COMMENT
6 Speakers
CITYWIDE TOWN MEETINGS
September 18 Time and Location to be Announced
FY2008-2010 Budget
November 20 Time and Location to be Announced
Stormwater Plans and Funding
CITY COUNCIL SUMMER SCHEDULE
August 7 Cancelled
August 14 Briefings, Informal, Formal, including Planning items
August 21 Briefings, Informal, Formal
August 28 Briefings, Informal, Formal, including Planning items