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SEPTEMBER 11, 2007 AGENDA
CITY 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 ROBERTM. DYER„ Centerville - District I BARBARA M. HENLEY, Princess Anne — District 7 REBA S. MCCLANAN, Rose Hall - District 3 JOHN E. UHRIN Beach — District 6 RONA. 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 11 SEPTEMBER 2007 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Crycnc!@vbgov.com I. CITY COUNCIL COMMENTS - Conference Room - 1:00 PM II. REVIEW OF AGENDA III. INFORMAL SESSION - Conference Room - 1:30 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION IV. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Jim Blanchard Pastor, Rivers of the Living Waters Church 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. PUBLIC COMMENT 1. ANIMAL CONTROL FEES I. CONSENT AGENDA J. RESOLUTION/ORDINANCES September 4, 2007 1. Resolution to REQUEST the local Delegation to the General Assembly sponsor and/or support legislation that will realize the goals and objectives set forth in the 2008 Community Legislative Agenda, including amendments to the City Charter. 2. Ordinances to ACCEPT and APPROPRIATE from the Department of Criminal Justice Services: a. $287,000 Law Enforcement Terrorism Prevention Program Grant to the Police Department FY 2007-08 Operating Budget re the prevention of or response to potential acts of terrorism b. $26,058 to the Commonwealth's Attorney's Office FY 2007-08 Operating Budget re the Victim Witness Program K. PLANNING Application of the VIRGINIA BEACH SCHOOL BOARD re the Virginia Beach Middle School project for closing, vacating and discontinuing portions of: a. Parks Avenue between 24`h and 25`h Streets b. 25th Street between Parks and Cypress Avenues Alleys within Block 126 d. Alleys within Block 135 DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 2. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for CHARLENE WIMBISH at 5614 and 5616 Paca Lane. DISTRICT 2 — KEMPSVILLE APPLICANT REQUESTS WITHDRAWAL RECOMMENDATION APPROVAL OF WITHDRAWAL 3. Application of JOANNE S. FERRELL and EDITH JOHANNA SMITH for a Chane o Zoning District Classification from R -5D Residential District to Conditional B-2 Community Business District at 213 and 217 Louisa Avenue to enlarge the existing B-2 zoning to combine the rear portions of the property with the adjacent parcel to the west fronting on First Colonial Road. DISTRICT 6 - BEACH DEFERRED AUGUST 14, 2007 STAFF RECOMMENDATION APPROVAL PLANNING COMMISSION RECOMMENDATION DENIAL 4. Application of HOFFMAN BEVERAGE CO., INC., for a Conditional Use Permit re automotive repair at 5464 Greenwich Road. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 5. Application of PPB, L.L.C., for a Conditional Use Permit re multi -family dwellings at 3228 Page Avenue and 2300-2308 Poseidon Court. DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT CITYWIDE TOWN MEETINGS October 16, 2007 Virginia Beach Convention Center - 7:15 pm FY 2008-2010 Budget January 15, 2008 Location to be Announced — 7:15 pm Stormwater Plans and Funding If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 09/07/2007mb www.vbgov.com CITY COUNCIL COMMENTS - Conference Room - 1:00 PM II. REVIEW OF AGENDA III. INFORMAL SESSION - Conference Room - 1:30 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION IV. FORMAL SESSION lA C. I AD E. CALL TO ORDER — Mayor Meyera E. Oberndorf - Council Chamber - 6:00 PM INVOCATION: Reverend Jim Blanchard Pastor, Rivers of the Living Waters Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL and FORMAL SESSIONS September 4, 2007 G. AGENDA FOR FORMAL SESSION �PBitilt�tplt 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. PUBLIC COMMENT 1. ANIMAL CONTROL FEES I. CONSENT AGENDA J. RESOLUTION/ORDINANCES Resolution to REQUEST the local Delegation to the General Assembly sponsor and/or support legislation that will realize the goals and objectives set forth in the 2008 Community Legislative Agenda, including amendments to the City Charter. 2. Ordinances to ACCEPT and APPROPRIATE from the Department of Criminal Justice Services: a. $287,000 Law Enforcement Terrorism Prevention Program Grant to the Police Department FY 2007-08 Operating Budget re the prevention of or response to potential acts of terrorism b. $26,058 to the Commonwealth's Attorney's Office FY 2007-08 Operating Budget re the Victim Witness Program G�N1AB£ .1 �Wv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting the City's 2008 Community Legislative Agenda Including Amendments to the City's Charter and Requesting Members of the City's Local Delegation to the General Assembly Sponsor and/or Support Legislation that Would Carry Out the Goals and Objectives Set Forth Therein MEETING DATE: September 11, 2007 ■ Background: City Council has a tradition of presenting a Community Legislative Agenda to the General Assembly each year. This Agenda provides the Virginia Beach Delegation with positions of the City Council on funding, legislation, public safety, and other issues that may be brought before the General Assembly. ■ Considerations: This Agenda was prepared based on input from Councilmembers, Department Directors, community leaders, and representatives from various citizen groups. ■ Public Information: Councilmembers Wilson and Villanueva, with the help from staff, held two informal public meetings in July 2007 with community leaders and representatives of various citizen groups to obtain items for inclusion in the 2008 Community Legislative Agenda. An opportunity for public comment was held on Tuesday, September 4, 2007 in Council Chambers. ■ Alternatives: Do not adopt the 2008 Community Legislative Agenda. ■ Recommendations: It is recommended that City Council approve the attached resolution that adopts the 2008 Community Legislative Agenda including the three amendments to the City's Charter and requests the City's local Delegation to the General Assembly sponsor and/or support legislation that would carry out the goals and objectives set forth. ■ Attachments: (1) Resolution (2) 2008 Community Legislative Agenda Recommended Action: Approval Submitting Department/AA ency: ty Manager's Office City Manager: 1 A RESOLUTION ADOPTING THE CITY'S 2008 2 COMMUNITY LEGISLATIVE AGENDA AND 3 CHANGES TO THE CITY'S CHARTER AND 4 REQUESTING THAT MEMBERS OF THE CITY'S 5 LOCAL DELEGATION TO THE GENERAL 6 ASSEMBLY SPONSOR AND/OR SUPPORT 7 LEGISLATION THAT WOULD CARRY OUT THE 8 GOALS AND OBJECTIVES SET FORTH THEREIN 9 10 WHEREAS, the City Council traditionally adopts a Community Legislative 11 Agenda and requests member of the City's local Delegation to the General Assembly 12 sponsor and/or support legislation therein; and 13 14 WHEREAS, the City Council has considered a number of goals and objectives 15 for inclusion in the city's 2008 Community Legislative Agenda; and 16 17 WHEREAS, as in past years, a Public Safety Addendum Package, not part of the 18 formal Agenda, is included for consideration by the General Assembly; 19 20 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the City Council hereby adopts the City's 2008 Community Legislative 24 Agenda, which is attached hereto as Exhibit A and is hereby incorporated by reference. 25 26 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 27 BEACH, VIRGINIA: 28 29 That the City's Delegation to the General Assembly is hereby requested to 30 sponsor and/or support legislation in the 2008 Session of the General Assembly that 31 would carry out the goals and objectives of the City as set forth in its Community 32 Legislative Agenda. 33 34 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 35 BEACH, VIRGINIA: 36 37 That the City Clerk is hereby directed to transmit a copy of this resolution to each 38 member of the City's local Delegation to the General Assembly. 39 40 Adopted by the City Council of the City of Virginia Beach, Virginia, this 41 day of , 2007. APPROVED TO CONTENT: d CA10492 September 5, 2007 R-2 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CITE' OF VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2008 GENERAL ASSEMBLY SESSION BUILDING "A COMMUNITY FOR A LIF ETIMIE99 MUNICIPAL CENTER BUILDING ONE 2401 COURTHOUSE DRIVE, SUITE 234 VIRGINIA BEACH, VIRGINIA 23456 Final Version to City Council September 7, 2007 2008 COMMUNITY LEGISLATIVE AGENDA CITY OF VIRGINIA BEACH TABLE OF CONTENTS TABLE OF CONTENTS i PREFACE VIRGINIA CODE CHANGE REQUESTS 2-16 1. Tax, Fee & Spending Task Force - Place Holder 2 2. Environmental Impact Report for 100% Locally Funded Highway Projects 2-3 3. Loss of Medicaid Eligibility for Teens in Foster Care with Earned Income 3 4. Weapons in Public Buildings Where Health Services are Provided 4 5. Achieving Revenue Neutrality for Local Telecommunications Taxes 5-6 6. Changes to the Animal Fees 6-9 7. Civil Penalties for Fire Code Violations 10-11 8. Child Endangerment from Illegal Fireworks 11-12 9. Definition of "Firearms" 12-14 10. Reimbursement for Transportation During Civil Admissions 15 11. Smoke Free Restaurants 15-16 12. Creation of State Insurance "Wind Pool" 16 FUNDING ITEMS 17-27 1. BRAC Funding 17 2. Additional Group -Home Beds in Locality for Youth Out of Home Placement 18 3. CSA Administrative Allocation 18-19 4. Support for Additional State General Fund Dollars for CSB Programs 19-20 5. Funding for Public Health Services 20 6. Virginia Beach Lifelong Learning Center (Joint Use Library) 20-21 7. Pleasant Hall Purchase 21-22 8. Adam Thoroughgood House, Ferry Plantation House and Lynnhaven House 22-23 9. Virginia Aquarium & Marine Science Center 24-25 10. Sheriff's Work Release Facility 25 11. Virginia Beach Convention Center Funding 26 12. Sandler Center for the Performing Arts 27 COMMUNITY GROUP ITEMS 28-31 1. Adequate Public Facilities 28 2. Funding for Mass Transit 28 3. Public Meeting Notice & Participation 29 4. Motorized Vehicle Use by Minors 29 5. Enforcement of Environmental Laws 30 6. Equalization of Penalties for Driving 30 7. Public Disclosure of Half -Way or Transitional Housing 30-31 8. Bayside Recreation Center 31 9. Wetlands Board 31 2008 COMMUNITY LEGISLATIVE AGENDA CITY OF VIRGINIA BEACH PREFACE The 2007 Session of the General Assembly was a watershed for action by the General Assembly on transportation. By allowing Hampton Roads to establish a transportation authority with certain fees and the ability to toll major projects, the region can better control its destiny when it comes to transportation infrastructure improvements. For this action this City Council is very appreciative. However, the statewide funding program still remains inadequate; especially with the possible loss of the civil penalties monies and the dependence on a surplus in the General Fund for a portion of the new statewide transportation funding program thought to not exist for the next biennium. Furthermore, although the General Assembly has put substantial funds into maintenance, the natural growth of maintenance funding needs will very shortly deplete those additional funds. There will again be a call on the construction budget to fund maintenance, which will decrease funding for transportation including urban allocations. Much work remains to be done. Furthermore, although the re -benchmarking of education will mean an additional $1.2 billion or more for local governments over the next biennium, the true cost of re- benchmarking is perhaps 2-3 times that amount. This is evident when the City of Virginia Beach expends $160 million into education above what is required by the Standards of Quality. These funds are not to meet "local aspirations" as some in the General Assembly have categorized them; they are there to provide a quality education for our children so that they may be competitive in the world market place. The General Assembly needs to strive to fully fund the true cost of education. There continues to be a call by all local governments that the General Assembly needs to fully fund all the traditional State government services, such as Courts, Corrections, Mental Health, etc. With localities increasingly being called upon to provide funds that the State should be responsible for providing, the local governments must fall back on the one tax source available and that is the property tax. Although the General Assembly is moving towards a Homestead Exemption, this will only exacerbate the problem for local governments. The General Assembly needs to truly and fully fund the cost of statewide services and responsibilities. City Council in concert with members of the General Assembly has created our Tax and Revenue Task Force, which will be making detailed requests to the General Assembly in the near future. CITY OF VIRGINIA BEACH 2008 REQUESTED CODE OF VIRGINIA CHANGES 1. TAX, FEE & SPENDING TASK FORCE Background. The City of Virginia Beach has created a taskforce to review revenues and expenses. This group will report later this year and therefore a "place holder" is inserted for their future recommendations. 2. ENVIRONMENTAL IMPACT REPORT FOR 100% LOCALLY FUNDED HIGHWAY PROJECTS Phil Davenport Interim Department Director Department of Public Works Background. During this last General Assembly session, HB3202 was passed which amends State Code section 10.1 -1188 to require that even 100% locally funded highway projects (and only highway/road projects — all other types of local projects, regardless of impact, remain exempt) of $100,000 or more must develop and submit an environmental impact report to the Virginia Department of Transportation (VDOT). This legislation needs to be repealed for the following reasons: 1. Local projects of any type, if they have environmental impacts, must go through the appropriate state and federal environmental agencies to obtain the needed environmental permits. The localities do this coordination directly. The environmental agencies carefully review the project environmental impacts (and often require an environmental document/report) and frequently require modifications to the project design to minimize impacts before issuing the necessary environmental permits. Unless VDOT is being authorized to not only require an environmental report for its review, but also to issue the needed permits, an environmental report being required to be submitted to VDOT offers no value and, in fact, will only needlessly add time and expense and red tape to any local highway project of $100,000 or more. 2. VDOT now typically charges fees for its reviews of various plans (such as site plans within the limits of a VDOT project); if VDOT intends to charge fees for review of legislatively mandated local environmental reports for local highway projects, the locality's cost for the local project has just been increased. 2 3. Major projects (which are the ones that will now have to submit the environmental report to VDOT) are defined as those costing $100,000 or more. If the legislation must remain, this amount needs to be drastically adjusted upwards. Just as gas no longer costs 30 cents a gallon, $100,000 won't even pay for a signal installation. It should be raised to at least $1,000,000 and preferably $5,000,000. So in summary, unless VDOT has been authorized to issue all required state environmental permits upon acceptance of a local environmental highway project report, the requirement for localities to submit environmental reports to VDOT for 100% locally funded highway projects is redundant (the localities already must deal directly with the state and federal environmental agencies), and will add significant costs and time to all affected locally funded highway projects. Change in the Code or Acts of Assembly required, if applicable: Repeal this legislation or greatly increase the monetary amount of projects that must submit to this requirement. 3. LOSS OF MEDICAID ELIGIBILITY FOR TEENS IN FOSTER CARE WITH EARNED INCOME Dr. Terry Jenkins Department Director Department of Human Services Background information: Under current Virginia law, the local Department of Social Services must discontinue Medicaid to a foster care child between the ages of 19 and 21, if the foster child earns more than $193.74 in gross income per month. These foster children need to have the benefit of Medicaid to cover the cost of their medical expenses, and they also need to have the opportunity to earn income beyond the current limitations. This law appears to be in direct conflict with the independent living program for foster children. The independent living program was designed to assist children in foster care aged 16-21 in becoming self-sufficient. Achieving the goal of self-sufficiency must include the opportunity for youth to earn income that will prepare them for survival in an independent living situation. Request. The General Assembly is requested to direct the Department of Medical Assistance Services to adopt regulations amending title 32.1 of the Code of Virginia to allow foster children between the ages of 19-21 to be exempt from the income limitation, thus allowing them to remain eligible for Medicaid. This would give older foster children the opportunity to earn the income necessary to achieve the goal of self-sufficiency. 4. WEAPONS IN PUBLIC BUILDINGS WHERE HEALTH SERVICES ARE PROVIDED Dr. Terry Jenkins Department Director Department of Human Services Background Information: The General Assembly passed legislation in 2003, which deprived localities of the authority to prohibit or restrict the carrying of weapons into City buildings. As a result, the City may no longer prohibit the carrying of firearms into City buildings, including facilities run by Mental Health, Mental Retardation and Substance Abuse Services and Social Services. Amending the Code of Virginia to include the proposed addition to the Virginia Code 22 VAC 42-11-220 (Standards for Interdepartmental Regulation of Children's Residential Facilities) would permit localities to adopt ordinances, resolutions or motions governing the possession or carrying of firearms into buildings owned or used by such locality for governmental purposes. Request. The General Assembly is requested to amend the Code of Virginia to include language comparable to Virginia 22 VAC 42-11-220 for all mental health, mental retardation, substance abuse and social services facility and community based programs, including those operated in public and/or city owned buildings as follows: 22 VAC 42-11-220. Weapons The facility shall develop and implement written policies and procedures governine the possession and use of firearms, pellet guns, air guns, and other weapons on the facility's premises and on facility related activities. The policy shall provide that no firearms, pellet guns, air guns, or other weapons shall be permitted on the premises or at facility sponsored activities unless the weapons are: 1. In the possession of licensed security personnel or law enforcement officers: 2. Kept securelv under lock and key E 5. ACHIEVING REVENUE NEUTRALITY FOR LOCAL TELECOMMUNICATION TAXES James K. Spore City Manager City of Virginia Beach Background. Telecommunication companies had been lobbying the General Assembly for several years to replace the local taxing structures for telecommunications with a uniform tax. In the past, telecommunication services were provided by very few companies. Deregulation and technological advancements ushered in new opportunities for telecommunications companies. In Virginia Beach, for example, there are over thirty telecommunications companies compared to only 2 ten years ago. Each local government in Virginia imposed their own unique telecommunication taxing structure, and the telecommunications companies believed this myriad of tax structures represented a burden to this growing industry. From the perspective of local governments, the existing taxing structure was not suitable for capturing the evolution in deregulation and technology either. Voice -Over -Internet -Protocol, Vontage serving as a notable example, was not subject to the existing telecommunications tax, nor was satellite TV. Both of these were siphoning business from traditional telecommunication/cable companies and subsequently tax revenue from localities. Further, it appeared that more people, particularly young and single, were canceling their land -line service and using only their mobile service. This is not a case in which the City benefits from an extra cell phone tax; these residents already owned a cell phone. As a result of these two forces, the telecommunications portion of our Utility tax has declined by an average of 3.4% for four consecutive years. Cable revenues and Cell phone revenues were still experiencing increases while E 911, which is primarily tied to land lines, was also decreasing. Collectively, these forces brought about legislative action. In the 2006 General Assembly session, legislation was enacted (HB 568) that replaced local telecommunication taxes with a statewide Communication Sales and Use Tax of 5 percent, effective January 1, 2007. The legislation eliminated local taxes on telephone services, wireless telephone services, and cable franchise fees. The Communication Sales and Use Tax of 5 percent is now applied to these services as well as satellite TV and radio, long distance charges, and Internet telephone services. In addition, the legislation replaces the local E-911 fee with a state-wide fee of $0.75 per telephone line. Since January 1, 2007, the 5 percent Communication Sales and Use Tax and the E-911 fee have been remitted to the Virginia Department of Taxation. The Department of ' This legislation also replaced local cable franchise fee agreements but allows existing agreements to continue until their expiration dates; however, these agreements cannot be renewed. (Virginia Beach's agreement with Cox is in place through May 23, 2016.) 5 Taxation then distributes funds to localities based on the locality's percentage of total FY 2006 state-wide collections of old communication taxes 2. The redistribution of these taxes was intended to be revenue neutral to localities. The hope was that revenue from taxes on new sources such as satellite TV and radio will offset the reduced tax rate on current sources, on a state-wide basis. Unfortunately, through the first four months of the new taxing structure, the City's receipts are down $1.264 million from revenue neutrality (assuming no growth from FY 05-06 to FY 06-07). Although state audits may uncover under payments from particularly the first month of this tax, the past three payments are consistently under the level of revenue neutrality by 1% to 8%. The estimated annualized shortfall on the stabilized revenue is $1.677 million. Our preliminary analysis is that revenue neutrality is being roughly achieved for residential telecommunication taxes, but not on the commercial side in which our local rate was reduced from 20% (with a cap) to 5% (with no cap). Also, the state's E-911 rate of only $.75 is substantially below the City's previous rate of $2.60. Request: The legislation (HB 568) was supported by localities because it was portrayed as revenue neutral. Therefore, we urge the General Assembly to modifying the tax structure to achieve the promised revenue neutrality. 6. CHANGES TO THE ANIMAL FEES Dave Hansen Chief of Finance & Technology City Manager's Ofce Background: The City would like to amend the Code of Virginia dealing with cremation for animals and to increase pet license fees. Current compliance rates within the municipality are below 10%. As a matter of convenience it is believed the veterinarians would be of great assistance in the collection process. This would further enhance the most recent General Assembly requirement for veterinarians to report to the local Office of the Treasurer all rabies vaccinations. Of great concern is the City's existing animal control facility is approaching 40 year of age and no longer meets the needs of citizenry. Adjusting the fee structure caps would allow the City to appropriately plan and resource the life cycle replacement of the facility, the equipment, and the vehicles necessary to provide this z A portion will be used to cover administrative costs, and another portion for the Virginia Relay Center costs to help the hearing impaired. The telecommunications taxes and fees collected statewide from local governments for the July 1, 2005 through July 30, 2006 totaled $451.6 million, of which Virginia Beach's share comprised $28.2 million, or 6.25%. In the future, Virginia Beach will be receiving 6.25% of the total to be distributed. ,:1 critical public service. Also enclosed is a request to establish an escalating recovery fee when animals are impounded. By increasing the fee for each subsequent impoundment, we will reinforce the responsibility of owners to control their pets. The City has no capability for providing for large animal disposal. Current practices require private citizens to bury the remains or at huge expense contract privately for disposal. In eliminating the incineration fee cap, the City could calculate the operational and capital costs needed to make the proper investment to support this growing requirement. These will make sure that the City's true cost for disposal of deceased animals, both large and small, is being covered in a realistic fee structure. By increasing the cap for dog and cat licenses, which has not been increased since 1993, it will allow the City to enhance the incentive for citizens to neuter and spay their pets. It would be the intent of the City to raise the neutered and spayed pet fee to $7 dog/ $5 cat and the non-neutered/non-spayed dog and cat fees to $25. Request. 1. To remove the cap rate on cremation fees of $25.00 for small animals, and $75.00 for large animals. Removing the cap would allow localities to charge fees to recoup the funds they spend on cremating animals. Each locality could then set fees as required. State Law: 18.2-510. Burial or cremation of animals or fowls which have died A. When the owner of any animal or grown fowl which has died knows of such death, such owner shall forthwith have its body cremated or buried, and, if he fails to do so, any judge of a general district court, after notice to the owner if he can be ascertained, shall cause any such dead animal or fowl to be cremated or buried by an officer or other person designated for the purpose. Such officer or other person shall be entitled to recover of the owner of every such animal so cremated or buried the actual cost of the cremation or burial, , and of the owner of every such fowl so cremated or buried the actual cost of the cremation or burial, net to e •, eed five dell .-s, to be recovered in the same manner as officers' fees are recovered, free from all exemptions in favor of such owner. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. B. Localities may recover a reasonable fee from any owner of any deceased animal or fowl who voluntary request such cremation services from the local Animal Control Bureau, if available. 2. Increase the fee cap for dog and pet licenses to $25.00. The current cap of $10.00 is pre -1993. State Law: § 3.1-796.87. Amount of license tax. The governing body of each county or city shall impose by ordinance a license tax on the ownership of dogs and cats within its jurisdiction. The governing body of any county, 7 city or town which has adopted an ordinance pursuant to subsection B of § 3.1-796.85 shall impose by ordinance a license tax on the ownership of cats within its jurisdiction. The governing body may establish different rates of taxation for ownership of female dogs, male dogs, spayed or neutered dogs, female cats, male cats, and spayed or neutered cats. The tax for each dog or cat shall not be less than one dollar and not more than tef+- twenty-five dollars for each year. If the dog or cat has been spayed, the tax shall not exceed the tax provided for a male dog or cat.- Any ordinance may provide for a license tax for kennels of ten, twenty, thirty, forty or fiy dogs or cats not to exceed fifty dollars for any one such block of kennels. 1984, cc. 248, 492, § 29-213.57; 1986, c. 169; 1987, c. 488; 1993, c. 817; 1994, c. 108; 2006, c. 836.) 3. Authorize localities to assess an additional recovery fee when a dog/cat is impounded for running at large. Such a fee shall not exceed $50 on the first occasion the dog/cat is impounded, $75 on the second occasion the dog/cat is impounded, or 54-58 $100 on the third or subsequent occasion the dog/cat is impounded. This assessment shall be in addition to the any fine or penalty imposed by a court as well as the actual expenses incurred of keeping the animal impounded. § 3.1-796.96. County or city pounds; confinement and disposition of animals; affiliation with foster care providers; penalties; injunctive relief. A. The governing body of each county or city shall maintain or cause to be maintained a pound and shall require dogs/cats running at large without the tag required by § 3_1- 796.92 or in violation of an ordinance passed pursuant to § 3.1-796.93 to be confined therein. Nothing in this section shall be construed to prohibit confinement of other companion animals in such a pound. The governing body of any county or city need not own the facility required by this section but may contract for its establishment with a private group or in conjunction with one or more other local governing bodies. The governing body shall require that: 1. The pound shall be accessible to the public at reasonable hours during the week; 2. The pound shall obtain a signed statement from each of its directors, operators, staff, or animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment, and each pound shall update such statement as changes occur; 3. If a person contacts the pound inquiring about a lost companion animal, the pound shall advise the person if the companion animal is confined at the pound or if a companion animal of similar description is confined at the pound; 4. The pound shall maintain a written record of the information on each companion animal submitted to the pound by an animal shelter in accordance with subsection D of § 3.1-796.96:2 for a period of 30 days from the date the information is received by the pound. If a person contacts the pound inquiring about a lost companion animal, the pound shall check its records and make available to such person any information submitted by 8 an animal shelter or allow such person inquiring about a lost animal to view the written records; 5. The pound shall maintain a written record of the information on each companion animal submitted to the pound by a releasing agency other than a pound or animal shelter in accordance with subdivision F 2 of § 3.1-796.96:5 for a period of 30 days from the date the information is received by the pound. If a person contacts the pound inquiring about a lost companion animal, the pound shall check its records and make available to such person any information submitted by such releasing agency or allow such person inquiring about a lost companion animal to view the written records; and 6. The pound shall maintain a written record of the information on each companion animal submitted to the pound by an individual in accordance with subdivision A 2 of § 3.1-796.96:7 for a period of 30 days from the date the information is received by the pound. If a person contacts the pound inquiring about a lost companion animal, the pound shall check its records and make available to such person any information submitted by the individual or allow such person inquiring about a lost companion animal to view the written records. B. An animal confined pursuant to this section shall be kept for a period of not less than five days, such period to commence on the day immediately following the day the animal is initially confined in the facility, unless sooner claimed by the rightful owner thereof. The operator or custodian of the pound shall make a reasonable effort to ascertain whether the animal has a collar, tag, license, tattoo, or other form of identification. If such identification is found on the animal, the animal shall be held for an additional five days, unless sooner claimed by the rightful owner. If the rightful owner of the animal can be readily identified, the operator or custodian of the pound shall make a reasonable effort to notify the owner of the animal's confinement within the next 48 hours following its confinement. If any animal confined pursuant to this section is claimed by its rightful owner, such owner may be charged with the actual expenses incurred in keeping the animal impounded. Such an owner may be charged an additional fee not to exceed $50 the first time the dog/cat is impounded. $75 the second time the dog/cat is impounded and &M $100 the third or subsequent time the dog/cat is impounded pursuant to this section. This fee shall be in addition to any fine or penalty imposed by the court. W 7. CIVIL PENALTIES FOR FIRE CODE VIOLATIONS Interim Fire Chief Steve Cover Fire Department Background Information: The Virginia Statewide Fire Prevention Code (SFPC) provides for the use of summonses for fire code violations when the Fire Official is trained in accordance with the Code of Virginia (§ 27-34.2). Violations of the SFPC are Class I misdemeanors (§ 27-100). Many businesses that become repeat offenders of the Fire Code rotate managers or responsible parties so that when a violation is caught the summons goes to a different person each time. When a magistrate summons is issued to a legal officer of the business the resulting defense is one of denial of responsibility because they were not on site. Summonsing the manager, or responsible person who is on site results in a defense, that they were acting as directed or that they had no knowledge of the occurrence of the violation of the ability to control the violation. This results in the Fire Official having to issue multiple summonses and or subpoenas to get all of the parties before the judge to sort out responsibility. In many cases since the responsible party is not brought into court they see this as a cost of doing business. This is a burden on the court system and on municipal resources. These cases usually result in multiple continuances with adjudication for a single offense sometimes exceeding eight to twelve months. Request: The General Assembly is requested to provide for civil penalties within the Virginia Statewide Fire Prevention Code (SFPC). The proposal would provide the option for localities that enforce the SFPC to establish a civil penalty process and fee schedule if they elect to use civil penalties. The maximum penalty per violation should be capped at $2500, the maximum fine for a Class I misdemeanor. Civil penalties that could be levied against the business would provide for a greater incentive for the business to comply with the Fire Code. The defendant would be provided due process using the appeals process provided within the Fire Code. The civil penalty, when levied against a business, results in bringing the responsible party forward to either defend the business or pay the penalty. The civil penalty unveils the true responsible party. SAMPLE CIVIL PENALTY SCHEDULE 1st violation $500 2° violation within 12 calendar months $1000 3 violation within 12 calendar months $2000 4 and subsequent violations within 12 calendar months $2500 ■ A jurisdiction would be required to adopt a fee schedule using the ordinance process. 10 All collections of fees would be within the existing framework of tax collection within the jurisdiction No business or individual could be subjected to a civil penalty and a summons for the same offense Fees collected would go to the local Fire Official to support enforcement activities Civil penalties provides for an alternative method to address violations of the SFPC and in many instances will eliminate salaried workers from being either charged with a violation of the SFPC or being subpoenaed to court for being in the wrong place at the wrong time. Civil penalties reduce the burden on an already overwhelmed judicial system. A civil penalty would provide for a more timely resolve to violations making it less attractive to violate the Code and then manipulate the system while continuing to do business in the same unlawful manner. Civil penalties would, hopefully, result in a safer Commonwealth for our citizens and visitors. S. CHILD ENDANGERMENT FROM ILLEGAL FIREWORKS Interim Fire Chief Steve Cover Fire Department Background Information: Fireworks are strictly regulated in the Code of Virginia and the Virginia Statewide Fire Prevention Code. The City of Virginia Beach strengthens the Code, declaring all fireworks illegal for use, sale or storage. Fireworks have become an increasing problem in the city on major holidays, such as Memorial Day and Independence Day. The quantity and quality of fireworks has continued to increase with professional quality fireworks being made available to consumers through out-of-state purchases and over the Internet. These fireworks pose a considerable hazard to both life and property. In many instances adults and fall into the hands of children obtain these fireworks. The fireworks problem out paces all enforcement efforts and the problem continue to increase every year. This year there were a number of children treated in emergency facilities across the city as a result of fireworks injuries. Request: The General Assembly is requested to enact mandatory reporting by all emergency medical facilities and Emergency Medical Technicians for all juvenile fireworks injuries. Reports should be filed with Child Protective Services (CPS) with the requirement that CPS forward the information to the local Fire and Police Official for further investigation. The investigation findings would be shared with CPS and as a joint effort between Law Enforcement, Fire and CPS, each incident would be addresses. The intent of the investigation is to seek out parents who knowingly allow a child to utilize fireworks. The investigation would also help reveal where some of these more dangerous fireworks are coming from with the hope that additional enforcement actions could limit 11 the influx of illegal fireworks into Virginia or may support increasing the penalty to a felony for selling fireworks. The felony charge would allow offenders to be brought to justice when out of state. The City of Virginia Beach was pleased to learn that the House Appropriations Committee funded Rep. Thelma Drake's project request for law enforcement technologies for $200,000 yesterday. This Community Oriented Policing Services (COPS) funding will greatly enhance and upgrade the City's Police Department capabilities. This is a major step in the federal legislative process. The House and Senate Committees will still have to go through House -Senate Conferences to resolve differences in their bills, and then that bill will be sent to the President for signature into public law. The City is very lucky to have such a strong federal congressional delegation promoting the City's needs in Washington City's Specific Request and Description of Funding Request: For FY 2008, the City of Virginia Beach requests a total of $200,000 under the COPS Law Enforcement Technology account for law enforcement technologies, in which funds would be used for a LiveScan integrated booking system, SWAT team tasers, night vision goggles, and down link viewer and monitor for the helicopter unit. 9. DEFINITION OF "FIREARMS" Chief A. M. Jacocks Police Department Background. Arrests and successful prosecution of cases involving firearms, and similar weapons, is being seriously hampered by the various definitions of what constitutes a "firearm" under the different code sections. Code §18.2-282 (Brandishing) incorporates language for firearms, air or gas operated weapons or objects similar in appearance. A "firearm" is defined as something that expels a projectile due to the explosion of a combustible material. Unfortunately, §§18.2-308 (Concealed Weapon), 18.2-308.1 (Possession of a firearm on school grounds), and 18.2-308.2 (Possession. of a firearm by a convicted felon) only incorporate language defining a "firearm" and do not address weapons powered by air or gas or items that look identical to a defined firearm. There have been incidents where officers observe what they believe to be firearms only to discover they are air or gas operated weapons similar in appearance to "firearms." 12 Secondly, there have been numerous robberies committed by offenders carrying air or gas operated weapons or weapons of like appearance. If officers locate these air or gas weapons concealed on an offender, officers are unable to charge the offender with carrying a concealed weapon because it does not fall under the definition of a "firearm" or "edged weapon." If the offender takes these items on school grounds, they can't be charged with carrying a "firearm" on school grounds, as it doesn't meet the definition of a firearm. Request: It is recommended that State Codes § 18.2-308, § 18.2-308.1 and § 18.2-308.2 be amended to incorporate language adding air or gas operated weapons, or objects similar in appearance, to the list of prohibited items. Below are the recommended changes (note that changing §18.2-308, subsection A may alleviate the need to change §18.2-308.1. Any changes to §18.2-308.1 may alleviate the need to change §18.2-308.2). § 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by material;aetion of an e*plesien of any eembustible (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (v) any weapon of like kind or appearance as those enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor. A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony and a third or subsequent such violation shall be punishable as a Class 5 felony. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature. § 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited. A. If any person possesses any (i) stun weapon or taser as defined in this section; (ii) knife, except a pocket knife having a folding metal blade of less than three inches; or (iii) weapon, including a weapon of like kind or appearance, designated in subsection A of § 18.2-308, other than a firearm; upon (a) the property of any public, private or religious elementary, middle or high school, including buildings and grounds; (b) that portion of any property open to the public and then exclusively used for school -sponsored functions or extracurricular activities while such functions or activities are taking place; or (c) any 13 school bus owned or operated by any such school, he shall be guilty of a Class 1 misdemeanor. B. If any person possesses any firearm designed or intended to expel a projectile by any action of an explosionof a eembustible material. while such person is upon (i) any public, private or religious elementary, middle or high school, including buildings and grounds; (ii) that portion of any property open to the public and then exclusively used for school -sponsored functions or extracurricular activities while such functions or activities are taking place; or (iii) any school bus owned or operated by any such school, he shall be guilty of a Class 6 felony; however, if the person possesses any firearm within a public, private or religious elementary, middle or high school building and intends to use, or attempts to use, such firearm, or displays such weapon in a threatening manner, such person shall be sentenced to a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence. § 18.2-308.2. Possession or transportation of firearms, stun weapons, tasers, explosives or concealed weapons by convicted felons; penalties; petition for permit; when issued. A. It shall be unlawful for (i) any person who has been convicted of a felony; (ii) any person adjudicated delinquent, on or after July 1, 2005, as a juvenile 14 years of age or older at the time of the offense of murder in violation of § 18.2-31 or 18.2-32, kidnapping in violation of § 18.2-47, robbery by the threat or presentation of firearms in violation of § 18.2-58, or rape in violation of § 18.2-61; or (iii) any person under the age of 29 who was adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act which would be a felony if committed by an adult, other than those felonies set forth in clause (ii), whether such conviction or adjudication occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, to knowingly and intentionally possess or transport any firearm or stun weapon, taser as defined by § 18.2-308.1 or any explosive material, or to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection. A of § 18.2-308. However, such person may possess in his residence or the curtilage thereof a stun weapon or taser as defined by § 18.2-308.1. Any person who violates this section shall be guilty of a Class 6 felony. B. However, any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of a violent felony as defined in § 17.1-805 shall be sentenced to a mandatory minimum term of imprisonment of five years. Any person who violates this section by knowingly and intentionally possessing or transporting any firearm or like weapon as defined by §18.2- 308 and who was previously convicted of any other felony within the prior 10 years shall be sentenced to a mandatory minimum term of imprisonment of two years. The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence. 14 10. REIMBURSEMENT FOR TRANSPORTATION DURING CIVIL ADMISSIONS Chief A.M. Jacocks Police Department Background. Law enforcement agencies incur expenses for fuel, vehicle maintenance, and employee overtime due to the requirements of Code § 37.2-810. There is currently a mechanism in place to cover transportation costs of these subjects under certain circumstances. Code § 37.2-829, Paragraph 2, provides that "In cases where the sheriff of the jurisdiction of which the person is a resident is more than 100 miles from the nearest boundary of the jurisdiction in which the proceedings took place, it shall be the responsibility of the sheriff of the latter jurisdiction to transport the person. The cost of transportation of any person so applying or certified for admission pursuant to §37.2-814 or §37.2-821 shall be paid by the Commonwealth from the same funds as for care in jail. Other law enforcement agencies receive no reimbursement by the Commonwealth for these costs. It is recommended that all transportation costs incurred by law enforcement agencies during the TDO process under §37.2 -810, be reimbursed to cover the costs of transportation. The Virginia Beach Police Department has been required to transport subjects from Virginia Beach to as far away as Richmond, Fredericksburg, Petersburg, the Eastern Shore, and Staunton. These costs have come from our own budget. § 37.2-810: Transportation of person in the temporary detention process (Paragraph B): A law enforcement officer may lawfully go or be sent beyond the territorial limits of the county, city, or town in which he serves to any point in the Commonwealth for the purpose of executing any order for temporary detention pursuant to this section. All transportation costs incurred by the law enforcement agencies will be reimbursed by the Commonwealth. 11. SMOKE FREE RESTAURANTS City Council City of Virginia Beach Background. City Council requests the General Assembly to either on a statewide basis or through enabling legislation, allow localities to prohibit smoking in restaurants. There have recently been proposals on the definition of restaurants versus eating establishments. Restaurants are closed spaces serving food and food establishments would be food carts 15 and other outdoor vendors where smoking would be allowed. The City Council supports this legislation in the interest of public health, not only for the citizens who might wish to go to a smoke free establishment, but also for hospitality workers who are exposed to second hand smoke by their presence in a smoking establishment. Request: The General Assembly is requested to adopt legislation, either on a statewide basis or through enabling legislation to allow localities to prohibit smoking in enclosed restaurants. 12. CREATION OF STATE INSURANCE "WIND POOL" City Council City of Virginia Beach Background: Property owners in Virginia Beach, particularly at the oceanfront, are able to purchase insurance for wind damage from the secondary insurance market at high rates and high deductibles. Many other coastal states have established a "wind pool" insurance program that is available in specific geographic areas. Policies have been provided at more reasonable rates and deductibles. Wind has become, to most insurance carriers, the biggest risk in the Virginia Beach area. A $25 million piece of property could have a two percent wind deductible making the deductible payment $500,000. This is in great contrast to the more reasonable $5,000 deductible that was available just a few years ago. The wind insurance premium increases must also be considered as many Virginia Beach businesses are being forced to pay 300 percent increases. Request: The General Assembly is requested to pass enabling legislation required for the creation of a state insurance "wind pool" so that wind damage insurance can be provided at a more reasonable cost with lower deductibles. W CITY OF VIRGINIA BEACH 2008 FUNDING ITEMS 1. BRAC FUNDING Background. James K Spore City Manager City of Virginia Beach The City of Virginia Beach and the Commonwealth of Virginia have been partnering to address the concerns raised by the Base Realignment and Closure Commission (BRAC) in 2005. From this partnership has been a cost sharing of a $15 million purchase of a property in the flight path for Oceana in 2005. Subsequent to that the City established a policy of spending $7.5 million per year in perpetuity to comply with the BRAC Order. The expectation is that the Commonwealth will provide a matching amount of funds to buy land in the APZ and Clear Zone around Naval Air Station Oceana and also in the intrafacility traffic area between Oceana and Fentress. There are also some overhead costs involved in marketing/managing the properties purchased with these funds. In the current biennium the City has been successful in receiving a grant for $7.5 million a year from the Virginia National Defense Industrial Authority through its Military Strategic Response Fund Appropriations. The General Assembly has appropriated substantial funds to this organization which is used to address BRAC issues. The City plans to continue its policy of spending $7.5 million per year and requests that the General Assembly to provide a matching amount. Request. Request that the General Assembly provide funds either directly to the City of Virginia Beach for the BRAC Compliance Plan in the amount of $7.5 million per year over the biennium or to direct that those funds flow through the Military Strategic Response Fund of the Virginia National Defense Industrial Authority. Providing these funds will send a strong message to the U.S. Navy that the Commonwealth and City of Virginia Beach are serious about preserving Naval Air Station Oceana. The City would also wish to have the General Assembly direct NVIDA to allow the funds to be used in the Intrafacility Traffic Area. 17 2. NEED FOR ADDITIONAL GROUP -HOME BEDS IN THE LOCALITY FOR YOUTH NEEDING OUT OF HOME PLACEMENT Dr. Terry Jenkins Department Director Department of Human Services Background: Efforts have been underway for the last several years to develop a 12 -bed Group Home adjacent to the Juvenile Detention Center for teens needing out of home placement. This site has been approved previously and a conditional use permit was issued, however, funding for construction remains a need. The proposed facility would become a city - owned building, to be operated by the Department of Human Services directly or via contract with an approved provider, setting up a fee structure with the Comprehensive Services Act to cover the operational costs using child specific billing for services. The adolescents served would be CSA -mandated older adolescents in foster care with some capacity to accept court -involved youth utilizing Juvenile Court Services and other funding sources for non -mandated youth. HB 577 now requires CSA to justify out of jurisdiction placements. In FY 2005, Virginia Beach youth were served in thirteen (13) Group Homes outside the city limits at a cost of $1,036,542. Development of this site would better enable us to serve youth within the city limits. We would also build in mental health services provided by Human Services as needed. Funding was requested in the amount of $1,000,000 several years ago for this project. Due to rising construction costs, this estimate has nearly doubled. Request: The General Assembly is requested to approve an appropriation of $1.9 million dollars for the construction of a 12 -bed facility to be used as a group home for CSA -mandated and non -mandated youth needing out of home placement. Operational costs would be paid with CSA funds and Juvenile Court Services funds, and other fee revenue. 3. CSA ADMINISTRATIVE ALLOCATION Dr. Terry Jenkins Department Director Department of Human Services Background: The funding formula to carry out the provisions of the Comprehensive Services Act defines the formula for local administrative costs based upon pool allocations from 1997. The maximum allocation any locality can receive for administrative costs is $50,000. This amount has not increased in the past 8 years, despite continuing increases in the oversight responsibilities of CSA. FY 06 expenditures for CSA in Virginia Beach were 18 $8,541,406 million dollars, which required a supplemental request of additional state and local dollars. For FY 07, the CSA allocation is $11,748,425. Covering additional administrative costs on top of the local share of any supplemental request for child - specific services is an undue hardship. Request: The General Assembly is requested to amend Title 2.2, Chapter 52 of the Code of Virginia to eliminate the maximum administrative allocation of $50,000 in order to improve localities ability to meet the administrative requirements of the CSA and to permit a maximum amount equal to 2% of allocation, in the amount of $234,968, to be used for administrative costs. 3. Local Administrative Costs. Out of this appropriation, an amount equal to two percent (2%) of the fiscal year 1997 pool fund allocations, not to exceed $1,560, 000 each year from the general fund, shall be allocated among all localities for administrative costs. Every locality shall be required to appropriate a local match based on the local match contribution in paragraph C.2 of this Item. Inclusive of the state allocation and local matching funds every locality shall receive the larger of $12,500 or an amount equal to two percent (211o) of the total pool allocation. than S50,400, ' Localities are encouraged to use administrative funding to hire a full-time or part-time local coordinator for the Comprehensive Services Act program. Localities may pool this administrative funding to hire regional coordinators. 4. SUPPORT FOR ADDITIONAL STATE GENERAL FUND DOLLARS FOR CSB PROGRAMS Dr. Terry Jenkins Department Director Department of Human Services Background: There continues to be substantial need in the community for mental health, mental retardation and substance abuse services, as evidenced by growing waiting lists for community-based care. There also continues to be substantial needs in child- care, housing, employment, health care, and transportation for low income and disabled families. Request: The City of Virginia Beach is requesting that the General Assembly fully fund the mental health, mental retardation, and substance abuse system to meet the needs of children and adults on waiting lists for services. Additionally, the City requests that funds be made 19 available to meet the needs of low- income families to include child care, affordable housing, employment, health care, and transportation. 5. Funding for Public Health Services Venita Newby -Owens, M.D., M.P.H. Department Director Department of Health Background. Costs to provide much needed services have steadily increased in Virginia Beach for public health. These include not only the traditional services to indigents but also services such as vector control, identification of West Nile Virus, and weapons of mass destruction. The dollars provided by the Commonwealth have become more inadequate over the years and the disparity between Virginia Beach per capita funding for public health care is woefully inadequate compared to other cities. In order to improve child health and school readiness and preventing child abuse and neglect, equalized funding is requested. Request. The General Assembly is requested to fully fund the Virginia Beach Public Health Department and equalize funding for Virginia Beach on a per capita basis to match Norfolk and Portsmouth. 6. VIRGINIA BEACH LIFELONG LEARNING CENTER (JOINT USE LIBRARY: A PARTNERSHIP BETWEEN THE CITY OF VIRGINIA BEACH AND TIDEWATER COMMUNITY COLLEGE- VIRGINIA BEACH CAMPUS) Marcy Sims Department Director Department of Public Libraries Background. Planning for the Tidewater Community College (TCC)/City Joint Use Library began in 2001 when it was realized that the City of Virginia Beach was planning the construction of a branch library directly across Rosemont Road from the site of TCC's proposed Learning Resource Center. City and TCC staff researched other collaborative joint use library projects throughout the country, identified the factors for success of those projects and engaged the consulting services of architects and planners of perhaps the most successful of joint library projects, San Jose State University and City of San Jose Joint Use Library. Over 60 representatives from TCC, Old Dominion University, Norfolk State University, City of Virginia Beach, Virginia Beach City Public Schools and the community met in facilitated meetings over the course of a year, culminating in the 20 publication of a report entitled: Virginia Beach Lifelong Learning Center: Joint Use Library Feasibility Analysis which is available for review. The vision for this facility is not just an academic library, nor a public library but rather a community lifelong learning center open to all: students, faculty, preschoolers and their parents, teens, seniors, and self-directed learners of all ages. TCC benefits by broader exposure of the opportunity for classes and degree programs to the thousands of people who use the public library and who may feel that higher education is beyond their means. Citizens benefit by experiencing a library with greater depth and breadth of collections, services, technology resources and longer hours of service. The Commonwealth would benefit by establishing an efficient model of library collaboration that could be replicated in other communities. Request: The General Assembly is requested to include funding of $46 million in the Budget for the 2008-2010 biennium for Tidewater Community College's share of the Joint Use Library. The City of Virginia Beach has approved the City's share of the capital costs, which is approximately $10 million. 7. PLEASANT HALL PURCHASE Lynn Clements Department Director Museums Background. Pleasant Hall is a circa 1769 historic building originally the residence of local merchant George Logan. It is located on Princess Anne Road one block west of the Witchduck Road/Kempsville Road intersection. It was restored in the 1990's, a project that included construction of a modern addition containing a large assembly space, rest rooms, etc. The building is the most visible and recognizable of the two surviving colonial era buildings in what was the Kempe's Landing settlement. It is listed on the National Register of Historic Places (1973) and is most famous for having served briefly as the headquarters for Virginia Colonial Governor Lord Dunmore in 1775. The Princess Anne/Witchduck intersection re -alignment road project is moving toward construction in 2009/2010. It will move heavily traveled Princess Anne Road from in front of Pleasant Hall to behind the Episcopal Church, which is currently across Princess Anne Road from Pleasant Hall. A new land use plan — the Historic Kempsville Master Plan — for the area around the intersection is being promoted by the Departments of Planning and Economic Development. Pleasant Hall is the historical cornerstone of this proposed mixed use redevelopment. 21 Request. The City of Virginia Beach would like to purchase Pleasant Hall and the cost is $1 million. The City would match the Commonwealth's commitment of $500,000 in order to purchase the house and property. This commitment would make Pleasant Hall the centerpiece of the Historic Kempsville Master Plan as a historic house museum and visitor center. The building would be open for tours, special programs and events. It would also be available for rental for social functions and receptions. Information services would be provided to orient visitors to the new "historic" Kempsville area. The City of Virginia Beach's Department of Museums would have a few years to increase operations and develop exhibits. It would be anticipated that the formative Virginia Beach Historic Sites Foundation would actively support the efforts to develop a full-time operation. Initial operations in FY08 would be weekend tours and programs plus the social rentals. A special event for the skirmish of Kempe's Landing could be coordinated with the City of Chesapeake for the Battle of Great Bridge (December 1 & 2, 2007). 8. ADAM THOROUGHGOOD HOUSE, FERRY PLANTATION HOUSE AND LYNNHAVEN HOUSE HISTORIC PRESERVATION FUNDING FOR ENVIRONMENTAL MONITORING, WINDOWS, CHIMNEYS, PEST CONTROL, ROOFING AND PORCH RESTORATION Lynn Clements Department Director Museums Background. The Virginia Beach Historic Houses request $350,000 to support the preservation of the Adam Thoroughgood House, the Ferry Plantation House and the Lynnhaven House. The City of Virginia Beach acquired the Adam Thoroughgood House in 2003 from the City of Norfolk/Chrysler Museum of Art. The City has executed an Agreement (July 2007) with APVA Preservation Virginia for transfer of the Lynnhaven House property within 180 days. The City has stepped forward to preserve these important historic sites, as their previous owners have been unable to keep up with maintenance and preservation needs. Both houses are important architectural treasures representing some of the earliest surviving brick construction in Virginia. The Adam Thoroughgood House (circa 1720) is a National Historic Landmark. It had a major restoration fifty years ago funded by the Adam Thoroughgood House Foundation under the leadership of Henry Clay Hofheimer II. The organization dissolved in the early 1960's after the property was deeded to Norfolk. Upon taking title, Virginia Beach funded emergency masonry repointing. Virginia Beach was awarded a federal grant for a conservation assessment in 2004 and funded an 22 environmental monitoring program as the first step in addressing the report's recommendations. Virginia Beach was also awarded a $150,000 2004 Save America's Treasures Grant and provided the $150,000 match to make additional repairs and replace the building's electrical and HVAC systems. The Association for the Preservation of Virginia Antiquities restored the Lynnhaven House (circa 1725) in the 1970's. It is listed on the National Register of Historic Places. A federally funded conservation assessment was also done for the Lynnhaven House in 2004. Very little has been done to address the problems found during the assessment. With the City's acquisition at the beginning of 2008 there are significant building problems that need to be addressed. The City acquired the Ferry Plantation House in 1996 at the behest of a citizen's organization "The Friends of Ferry Plantation House, Inc.," that planned to open the house to the public for educational purposes. The "Friends" agreed to assume responsibility for the restoration and maintenance of the circa 1830 building, which had been boarded up for nearly a decade. The City provided a $68,550 capital improvement appropriation from a related land sale to help get them started. A TEA -21 grant ($115,000) was received for stucco restoration and that project is in the design stage. The "Friend's" efforts have proven to be worthwhile as the building was placed on the National Register of Historic Places in 2005. They now open the building to the public three days per week. With everything that has been accomplished, the volunteer organization has not been able to keep up with all of the buildings maintenance needs. Request: The Virginia Beach Historic Houses are asking the General Assembly for $350,000 to make needed repairs and preservation improvements to the Adam Thoroughgood House, Ferry Plantation House and the Lynnhaven House. The funding will provide for implementation of a twelve-month environmental monitoring program at the Lynnhaven House including an analysis/diagnostic report from a professional firm; replacement of the cedar roof at Lynnhaven House; pest control for powder post beetles and other pests at the Lynnhaven House and Ferry Plantation House; repairs and repointing, both exterior and interior, of two massive chimneys at the Lynnhaven and Thoroughgood Houses to eliminate water infiltration during rain storms and falling brick and mortar; repair/replacement to the lead came casement windows at these two houses and installation of an ultraviolet filter system for the windows; and, replacement of the porches at Ferry Plantation. Implementation of these preservation repairs will assist the City of Virginia Beach in catching up to the maintenance needs of these three significant historic houses. 23 9. VIRGINIA AQUARIUM & MARINE SCIENCE CENTER - OCEAN IN MOTION AQUARIUM TRUCK Lynn Clements Department Director Museums Background: The Virginia Aquarium & Marine Science Center requests $900,000 to support the Ocean in Motion program, which carries marine science education to schools and festivals across the Commonwealth of Virginia. The current Ocean in Motion aquarium truck has been bringing live marine animals and interactive programming to students since 2001. In that time, we have reached 175,377 students from the Coastal Plain to far reaches of southwest Virginia. In 2006, Ocean in Motion visited 75 schools and 25,213 students. We traveled to more than 55 Virginia cities and covered 21,900 miles. Investing in the Ocean in Motion program will ensure that students across the state have the continued opportunity to see some of what makes the Chesapeake Bay and Atlantic Ocean special places, even if they can't leave their school grounds. As we face new environmental challenges such as global warming, schools must have resources such as Ocean in Motion that enhance their science curriculum and inspire future scientists. We provide an experience that no textbook can duplicate — sea stars and horseshoe crabs to touch in the classroom and native fishes to watch aboard the truck. Without this type of experiential learning, students do not build emotional connections to the Bay and ocean, only intellectual ones. According to Richard Louv in his book Last Child in the Woods: Saving Children from Nature Deficit Disorder, individuals with emotional connections to the environment are the ones most likely to develop a strong stewardship ethic. This funding would allow Ocean in Motion to continue as a key educational component for fostering stewardship of the Chesapeake Bay and the ocean in our young people. This traveling aquarium allows Aquarium educators to reach students who might not have the opportunity to see the ocean or the Chesapeake Bay in person. This experience is critical to developing "Bay and ocean literacy" in our citizens. Ocean literacy is an understanding of the ocean's influence on you and of your influence on the ocean. If you are ocean -literate, you understand how the ocean functions, can communicate about the ocean in a meaningful way, and are able to make informed decisions about the ocean and its resources. This concept was developed in 2004 by 100 ocean science and education professionals under the guidance of The National Geographic Society and NOAA. The work addresses the state of ocean and aquatic science in the classroom: It is one of the most "under -taught" subjects in K-12. The current reality is that citizens are not properly educated to deal with issues related to the ocean and to the Chesapeake Bay, both of which are important resources to the state. Request: The Virginia Aquarium is asking the General Assembly for $900,000 to purchase a replacement Ocean in Motion vehicle outfitted with state -of -the art aquariums; upgrade the vehicle's onsite "docking" facilities; expand the holding systems for marine species 24 used in outreach; and support the staffing critical to the success of the program. Mileage and salt water have started to take their toll on the existing vehicle, which will need to be replaced within two years. We will add a large "truck port" to protect the vehicle from the elements and provide shelter for staff doing weekly maintenance. We plan to increase the number of animals carried aboard the truck and will need additional holding space for them in our upcoming Marine Animal Care facility. Finally, the success of the program hinges on having qualified staff to coordinate with schools, conduct the programs, handle routine vehicle maintenance, and provide care to the animals and life support systems. 10. SHERIFF'S WORK RELEASE FACILITY Dave Hansen Chief of Finance & Technoloo) City Manager's Once Background: Currently the City of Virginia Beach Sheriff's Work Release Facility is housed in a leased space and the Sheriff's Workforce is housed in a landscape services building. While the City in cooperation with the Commonwealth completed a major jail expansion, there is still a need for additional bed space for prisoners. Co -locating both the Sheriff's Work Release and Workforce programs in a new facility would allow these programs the space necessary to operate at greater efficiencies. Request: The total estimated cost for design, site selection and construction of a facility is $6.7 million. While total project costs are subject to change pending the completion of the design work and bid of the project. In 2005-2006, $600,000 in City dollars was allocated to fund preliminary design work and site selection of the facility. State funding for this project was recently eliminated from the State's Biennial budget and the City is requesting that in the interest of public safety the General Assembly fund at least 25% of the total project. This can be an authorization with funding to come as a reimbursement in FY 2010-11. 25 11. VIRGINIA BEACH CONVENTION CENTER FUNDING James Ricketts Department Director Convention & Visitors Bureau Background Information: In 2005, the City of Virginia Beach opened the first phase of the new Virginia Beach Convention Center. The new facility replaces the Pavilion Convention Center, which was designed by the architectural firm of Skidmore, Owings & Merrill (SOM). The old center had a total of 188,000 square feet and lacked the amenities essential for today's meeting planners. The new facility has a total of 516,000 square feet. This includes 150,000 square feet of exhibition space, over 31,000 sq. ft. of ballroom space and approximately 29,000 sq. ft. of meeting space. The total cost of the facility is $202.571 million. The new convention center is putting Virginia on the map as a viable convention state. According to the Feasibility Study conducted by PricewaterhouseCoopers, the Commonwealth will realize the following economic benefits: Incremental tax revenues (in 2002 dollars) $1.2 to $2 million annually, between 900 - 1,500 additional jobs and between $27.7 million — $44.8 million in incremental direct expenditures new to the Commonwealth (not a transfer from other localities in the Commonwealth). The economic impact for Hampton Roads is $50.5 million to $79.3 million in incremental direct expenditures and between 1,700 and 2,700 new jobs. This is in addition to the $2.1 million incremental tax revenue to the City of Virginia Beach, $97 million in Sales and 1,900 additional jobs. Request: The General Assembly is requested to provide the remainder of the $10 million, beyond what has been appropriated. This is in keeping with the benefits to the Commonwealth based on the amount of state tax revenue that will be generated from the new facility over a ten-year period and the precedent set in funding the Richmond Convention Center. 26 12. SANDLER CENTER FOR THE PERFORMING ARTS Emily Spruill Cultural Arts Coordinator Once of Cultural Affairs Background: The Sandler Center for the Performing Arts, a professional -quality 1300 -seat, 84,000 square -foot facility, will be the cultural centerpiece of Virginia Beach, located at the core of the City's emerging Town Center. When it opens in November 2007, the Center will have enlarged spaces for performances, public and performer support and it will give the opportunity to expand the type and diversity of the performing arts programs in Hampton Roads and the State of Virginia. The $47 million facility, built under the General Assembly's PPEA process, will have a full range of amenities, meeting the needs of today and tomorrow. As a tangible demonstration of their commitment, the Virginia Beach City Council dedicated $35 million of City funds to the project. Fundraising for capital and an endowment fund is being led by the Virginia Beach Performing Arts Center Foundation, a non-profit organization spearheaded by some of the City's top civic and business leaders. The Sandler Center for the Performing Arts will have a dramatic impact to the State of Virginia's tax base, generating over $2.2 million for the construction phase and $35,500 in annual State tax revenue. We ask the State to strengthen its commitment and investment to the future of this cultural landmark and to the City as a whole, by appropriating $300,000 for the operations of the Center. The new location opening in November 2007 at the exciting Town Center development will become a defining asset for social development for the City and Hampton Roads. It will become a focal point for social activities from education to the arts and entertainment and will illustrate the region's dedication to furthering the cultural life of its citizens. Request: The General Assembly is requested to appropriate $300,000 needed for the operations of the Sandler Center for the Performing Arts. 27 CITY OF VIRGINIA BEACH 2008 COMMUNITY GROUP ITEMS The following requests were made during the City's outreach process to the Community Groups and came from Civic Leagues and Associations as well as interested individuals from the Community. 1. ADEQUATE PUBLIC FACILITIES Community Groups City of Virginia Beach Background. Adequate public facilities statue is a perennial issue with the General Assembly. Request. Request that there be a requirement that rezoning not be granted until adequate public facilities are in place to support existing and the new development or that these infrastructures be provided for by the developer. 2. FUNDING FOR MASS TRANSIT Community Groups City of Vir inia Beach Background. Currently 80% of the transportation trust fund goes to roads. 14.7% goes to mass transit and the remaining percentage is split among ports and airports. Increasing the amount from 14.7% to 19% that would go to mass -transit while holding the other modes like rail and ports and airports harmless, would cause a like decrease in the amount of money available for road construction. Request. Request to increase the amount of money from the transportation trust fund to the mass transit fund from 14.7% to 19%. 28 3. PUBLIC MEETING NOTICE & PARTICIPATION Community Groups City of Virginia Beach Background. Public Meetings are being called and held at times and places that prevent those who work and have other obligations during the day from attending and likewise public meetings have been held at the state and local level where public is invited but has no avenue to address the board, commission or legislative body on the issue. There is need for more public input on the process. Request. Hold meetings requesting public input at times after 7:00 p.m. on weeknights and at central locations, i.e., those with public transportation access. Furthermore, a standard format should be developed for the public's ability to comment. 4. MOTORIZED VEHICLE USE BY MINORS Community Groups City of Virginia Beach Background. Sales of motorized vehicles including motorized skateboards and mini bikes have increased in recent years. Many of the persons targeted for purchasing these vehicles are minors under 10 years of age. These underage drivers have no training or understanding of traffic laws of consequences of operating these vehicles. Request: Remove loopholes from laws involving the use of motorized vehicles on streets and roadways by minors. Restrict sales of such vehicles to licensed outlets that comply with standards for vehicle sales. Such vehicles should only be sold to adults and disclosure statements should be signed off by the adult acknowledging responsibility to restrict the use of such vehicles to off-road environments. Parents should be held responsible. 29 5. ENFORCEMENT OF ENVIRONMENTAL LAWS Community Groups City of Vir inia Beach Background. Violations of State and local laws on illegal Dumping, littering and the Chesapeake Bay Preservation Act are not being prosecuted and as a result perpetrators of such crimes are faced with little to no sanctions for their crimes. Cost of remediation and cleanup of communities are being warned by the municipality and laws against littering and illegal dumping and non -permitted destruction of wetlands are ramped. Request: Provide legislation and judicial support for enforcement and persecution of violators with the goal being to correct behavior and have violators pay to remediate areas damaged and destroyed by their acts. C. EQUALIZATION OF PENALTIES FOR DRIVING Community Groups City of Virginia Beach Background. This is related to the enhanced civil penalties portion of the HB 3202 passed by the General Assembly. Request.- Amend equest. Amend the law to provide equity to in-state versus out-of-state violators or eliminate the penalties for Virginia residents. This is currently under court review. 7. PUBLIC DISCLOSURE OF HALF -WAY OR TRANSITIONAL HOUSING Community Groups City of Virginia Beach Background.- Over ackground. Over the past few years there have been incidents involving opportunities for additional housing communities. The public is not aware of contractor operated facilities providing services in the City, which are located in their neighborhoods. These are primarily mental retardation and mental health group homes that are being opened and operated without knowledge of the neighborhood home owner's association, etc. 30 Request. Direct that State Departments providing funding for programs and engaging in dialogue to include the public and all interested agencies to provide input and publicity on such housing. Legislation should include all agencies and non -profits that provide services under contracts whether federal, state or local law enforcement, mental health and mental retardation departments. 8. BAYSIDE RECREATION CENTER Community Groups City of Virginia Beach Background. There is a request for the City to lease the former Farmer Jack Grocery in the Bayside area and to provide an interim Community Recreation Center until a permanent Bayside Recreation Center can be constructed. Request. Members of the House Appropriations Committee representing Norfolk and Virginia Beach have suggested that the City could request reimbursement for the expenses to convert the former grocery into an interim recreation center. 9. WETLANDS BOARD Community Groups City of Virginia Beach Background. There is lack of funding from the Virginia Institute of Marine Science for them to provide technical support to the Wetlands Board across the State. Request: Provide more funding to them so that they can provide the required technical support to the Wetlands Boards and other local agencies. 31 r4 tl'�M� i'7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $287,000 from the Department of Criminal Justice Services for the Law Enforcement Terrorism Prevention Program Grant to the Police Department's FY 2007-08 Operating Budget for Equipment to be Used to Prevent or Respond to Potential Acts of Terrorism MEETING DATE: September 11, 2007 ■ Background: The Department of Criminal Justice Services has awarded the Virginia Beach Police Department funding through the Law Enforcement Terrorism Prevention Program Grant. This grant will be active from 7/1/2007 through 12/31/2008. The grant provides $287,000 of federal funding. The funding will be used to purchase equipment and technology needed by the Police Department that were not funded through the annual budget. This equipment will help the Police Department to develop capabilities to detect, deter, and disrupt acts of terrorism. The funding will provide equipment to assist with computer evidence recovery, tactical water operations, and night operations for the Aviation Unit. ■ Considerations: The City is not required to provide a match for this grant. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: It is recommended that Council accept and appropriate the grant award of $287,000 of DCJS funds to the Police Department's FY 2007-08 Operating Budget. ■ Attachments: Ordinance and Award Letter Recommended Action: Approval Submitting Department/Agency: Police Department City Manag 14— 1 AN ORDINANCE TO ACCEPTAND APPROPRIATE $287,000 2 FROM THE DEPARTMENT OF CRIMINAL JUSTICE 3 SERVICES FOR THE LAW ENFORCEMENT TERRORISM 4 PREVENTION PROGRAM GRANT TO THE POLICE 5 DEPARTMENT'S FY 2007-08 OPERATING BUDGET FOR 6 EQUIPMENT TO BE USED TO PREVENT OR RESPOND TO 7 POTENTIAL ACTS OF TERRORISM 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That $287,000 is hereby accepted from the Department of Criminal Justice 13 and appropriated to the Police Department's FY 2007-08 Operating Budget for equipment 14 to be used to prevent or respond to potential acts of terrorism, with federal revenue 15 increased accordingly. 16 17 Adopted the by the Council of the City of Virginia Beach, Virginia, day of 18 2007. Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services City Attorney's Office CA10487 R-2 August 31, 2007 COMMONWEALTH ®f VIRGINIA Leonard G Cooke Director Mr. James K. Spore City Manager City of Virginia Beach 2401 Courthouse Drive Virginia Beach, VA 23456 Dear Mr. Spore: Department gf'Crimina(Justice Services July 2, 2007 202 N. Ninth Street Richmond, Virginia 23219 (804) 786-4000 FAX (804) 371-8981 TDD (804) 386-8732 RE: Law Enforcement Terrorism Prevention Program Grant No: 08-A5449HS06 Project Title: Computdr Evidence Recovery, Tactical Water Operations, & Night Operations for Aviation Units Program The Law Enforcement Terrorism Prevention Program (LETPP) is funded by the U. S. Department of Homeland Security through the Virginia Department of Emergency Management and is available to assist state and local law enforcement agencies in preventing or responding to potential acts of terrorism. The Department of Criminal Justice Services (DCJS) is the administering agency for LETPP. 1 am pleased to inform you that your locality has been awarded $287,000 in federal funds under this program. These funds are awarded to assist you in detecting, deterring, disrupting and preventing acts of terrorism. No local matching funds are required for this program. Grant funds are awarded under specific equipment lists. The Law Enforcement Terrorism Prevention Program FY 2006 Guidelines outlines the amount under each equipment category you will receive. The guidelines can be found on the DCJS website at htt-p //www.dcis.virr�inia.1o� v/c01e/. You cannot change or exchange equipment within categories without prior approval from DCJS. Enclosed please find a Statement of Grant Award and Statement of Special Conditions. Along with the Guidelines found on our website, please review all documentation pertaining to this award very carefully as they include specific requirements about the procedures you must follow in order to receive approval for purchases. To indicate your acceptance of the award and special conditions, please complete and sign the award and return it no later than August 1, 2007 to Janice Waddy, Grants Administrator, at DCJS, 202 North 9" Street, Richmond, VA 23219. We will be happy to assist you in any way we can to assure your success with this award. If you have questions about the prograrn guidelines, please call Shelia Anderson at 804/786-9469 or e-mail her at Shelia.Anderson�rr>d�jcs.vir<,inia.l. Sincerely, Leonard G. Cooke ^n� cc: A. M. Jacocks, Chief of Police Ms. Patricia A. Phillips, Finance Director Ms. Shelia Anderson, DCJS Criminal Justice Service Board • Committee on Training -Advisory Committee on Juvenile Justice Advisory Committee to Court Appointed Special Advocate and Children's Justice Act Programs Private Security Services Advisory Board • Criminal Justice Information Systems Committee Law Enforcement Terrorism Prevention Program Grant (Detail of items to be acquired) $ 25,000 Upgrades to computer forensics software and hardware $250,000 Forward looking infrared system (night vision) replacement for existing helicopter $ 12,000 (2) Underwater delivery vehicles and protective apparel for dive team $287,000 Total S atiL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $26,058 from the Virginia Department of Criminal Justice Services to the FY 2007-08 Operating Budget of the Commonwealth's Attorney's Office to Support the Victim Witness Program MEETING DATE: September 11, 2007 ■ Background: The Commonwealth's Attorney's Office has received Victim Witness Program grants from the Virginia Department of Criminal Justice Services (DCJS) since 1990. Funding from the grant has enabled the Virginia Beach Victim Witness Program to provide services required by the Crime Victim and Witness Rights Act. The City anticipated receiving $234,527 from DCJS for FY 2007-08; however, the actual award is $260,585. The additional funding will reduce the reliance on City funding to keep the salaries of grant personnel in line with the City's adopted pay plan. The additional funding also will provide ample funding to enable all of the caseworkers to become certified. ■ Considerations: This funding only can be used for the Victim Witness Program. Without this additional funding, the City would need to provide additional funding for personnel costs or the programmed services would be reduced. No funding would be available for certification costs. ■ Public Information: Public information will be handled through the normal agenda process. ■ Recommendations: Accept $26,058 from DCJS and appropriate the additional grant funding to the FY 2007-08 Operating Budget of the Commonwealth's Attorney's Office to support the Victim Witness Program. ■ Attachments: Ordinance, Victim -Witness Grant Award Letter Recommended Action: Approval Submitting Department/Agency: Office of the Commonwealth's Attorney City Manager: k- 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $26,058 2 FROM THE VIRGINIA DEPARTMENT OF CRIMINAL 3 JUSTICE SERVICES TO THE FY 2007-08 OPERATING 4 BUDGET OF THE COMMONWEALTH'S ATTORNEY'S 5 OFFICE TO SUPPORT THE VICTIM WITNESS PROGRAM 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 That $26,058 is hereby accepted from the Virginia Department of Criminal 9 Justice Services and appropriated to the FY 2007-08 Operating Budget of the 10 Commonwealth's Attorney's Office to provide support to the Victim Witness Program, with 11 revenue from the commonwealth reflected accordingly. 12 13 Adopted by the Council of the City of Virginia Beach, Virginia on the day 14 of 2007. Requires an affirmative vote by a majority of the members of City Council APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Management Services City Attorney's Office CA10489 R-2 August 31, 2007 COMMONWEALTH ®f ♦ IRGI , IA Leonard G. Cooke Director Mr. James K. Spore City Manager City of Virginia Beach 2401 Courthouse Drive Virginia Beach, VA 23456 Department or Criminal Justice Services Victim Witness Program Dear Mr. Spore: 202 N. Ninth Street Richmond, Virginia 23219 (804) 786-4000 FAX (804) 371-8981 TDD (804) 386-8732 I am pleased to advise you that grant number 08-N8560VG07 for the above -referenced grant program has been approved in the amount of $260,585 in State General Funds. Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions. To indicate your acceptance of the award and conditions, please sign the award acceptance and return it to Janice Waddy, Grants Administrator, at the Department of Criminal Justice Services (DCJS). Please review the conditions carefully; as some require action on your part before we will disburse grant funds. Also, enclosed are the Post Award Instructions and Reporting Requirements. Please refer to and read this information carefully as it contains details on processing financial and progress reports, as well as requesting awarded funds and amending budgets. Remember all financial and progress reports, budget amendment requests and request for funds must be processed through our Grants Management Online Information System (GMIS). We appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your project's success. If you have any questions, please call Karen Thomas at (804) 225-3456. Yours very truly, C.� G - cm�L Leonard G. Cooke Enclosures cc: Ms. Beth Taylor Byrum, Dir., V/W Prog. Ms. Patricia A. Phillips, Finance Director Ms. Karen Thomas, DCJS Criminal Justice Service Board • Committee on Training • Advisory Committee on Juvenile Justice Advisory Committee to Court Appointed Special Advocate and Children's Justice Act Programs Private Security Services Advisory Board - Criminal Justice Information Systems Committee K. PLANNING 1. Application of the VIRGINIA BEACH SCHOOL BOARD re the Virginia Beach Middle School project for closing, vacating and discontinuing portions of: a. Parks Avenue between 24th and 25th Streets b. 25th Street between Parks and Cypress Avenues C. Alleys within Block 126 d. Alleys within Block 135 DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 2. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for CHARLENE WIMBISH at 5614 and 5616 Paca Lane. DISTRICT 2 — KEMPSVILLE APPLICANT REQUESTS WITHDRAWAL RECOMMENDATION APPROVAL OF WITHDRAWAL 3. Application of JOANNE S. FERRELL and EDITH JOHANNA SMITH for a Change o Zoning District Classification from R -5D Residential District to Conditional B-2 Community Business District at 213 and 217 Louisa Avenue to enlarge the existing B-2 zoning to combine the rear portions of the property with the adjacent parcel to the west fronting on First Colonial Road. DISTRICT 6 - BEACH DEFERRED AUGUST 14, 2007 STAFF RECOMMENDATION APPROVAL PLANNING COMMISSION RECOMMENDATION DENIAL 4. Application of HOFFMAN BEVERAGE CO., INC., for a Conditional Use Permit re automotive repair at 5464 Greenwich Road. DISTRICT 2 — KEMPSVILLE RECOMMENDATION _':0191 Ls AS Application of PPB, L.L.C., for a Conditional Use Permit re multi -family dwellings at 3228 Page Avenue and 2300-2308 Poseidon Court. DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, September 11, 2007, at 6:00 P.M. The following applications will be heard: DISTRICT 2 - KEMPSVILLE Hoffman Beverage Co., Inc. Application: Conditional Use Permit for automotive repair at 5464 Greenwich Road (GPIN 1467347278). Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Charlene Wimbish, at 5614 and 5616 Paca Lane (GPINs 1468307856; 1468306983). DISTRICT 5 - LYNNHAVEN PPB, L.L.C. Application: Conditional Use Permit foi multi -family dwellings at 3228 Page Avenue ant 2300-2308 Poseidon Court (GPINs 1489899756; 1489990756). All interested citizens are invited to attend. 1-2 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 httD://Www.ybgoy.com/Dc 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 August 26 & Sept. 2, 2007 17504559 N e 41 a e Z N 76'06'07" E v2 w /60.00' 2 2H2 Ix AYR eC^' i rn y i S 10 L4 0 a ? Z Wo�/c CITY OF VIRGINIA BEACH 2417-88-1818 ' (D.B. 495, PG. 445) '-b IC (M.B. 36, PG. 40) 5.00' ' S 13'53'53" E ' 60.00' S 76.06'07" W S 76'06'07" W 24th STREET (50' R/CY) (FORMERL Y D STREET) (MR 29, PG. 75) 25th STREET (»0' RIV) (M.B. 7, PG. 101) CITY OF VIRGINIA BEACH 2417-89-3186 (M.B. 7, PG. 101) 12 DENOTES PORTION OF PARKS AVENUE TO BE CLOSED AREA=24,000 SF OR 0.551 ACRES EXHIBIT 'B' SHOWING A PORTION OF PARKS AVENUE TO BE CLOSED (M.B. 7, PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007 2407 STREET (8O' RIW) (M.B. 7, PG. 101) ■■: ■rte■■ \ I . •\ I �' . C ■■..-�r�■■ nook 11 ■■■ ■■I I �rj ■■■ ■■t IIT - .II■ . ■■1111'.$ NNII 1111110 It" -%I■_ ■■� �� . � hut■ No 'IMAM - ■■■r..WA■ ■■EM IME■ r . ■■■-. loss■■ES, • ■■C2_!■■ JOB# 04005 PLAT RECORDED IN ZONED: R5S I DATE: 01-30-07 1 SCALE: 1"=50' DWN BY: JCA I (MB 7, PG 101) .Z) 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' R1W) (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: September 11, 2007 ■ Background: The applicant, the School Board of the City of Virginia Beach, requests closure of Parks Avenue between 20 and 25th 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. Submitting Department/Agency: Planning Department j City Manager. �—"�bQIrT VIRGINIA BEACH CITY PUBLIC SCHOOLS Agenda Item 15 June 13, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: 'lb'° ",� Citv of Va Beach Schools A-36 r' � L7.:7.1J v.�(� �i✓ .�� �'tS�tYPR� .L y ?Sth...K,fib i� (18) J R-55 "A o - f 5� 00 .3, beet 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 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: . 25" Street USE AND ZONING: • Across 25hth Street are Single-family and duplex dwellings South: . 241h 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 MEWERRANEAN AVF'NUE (60' RIW) 1(M. B. 5, PC 103) S 73'53'53" E S 13'53'53" E 790.00' 190.00' N 7 59.79 20.00' $ o0 E 122:9171.69 S 1353'53' E 0 o CITY OF VIRGINIA BEACH w 3 CITY OF VIRGINIA BEACH $ c 0 o GPIN #2417-99-1321 GPIN #2417-99-1321 N c eo o M.B. 5, PG. 103 m ^ (M.B. 5, PG. 103) ( } ^ z o $ W n � 2 N S 13'53'53" E 190.00' S 13'53'53" E 190.00' 1� N 1353'53" W 190.00' N 13'53'53" W 190.00' ` 10.00' 10.00' Q z �O N 76'06'07' E 5 76'06'07" W CITY OF VIRGINIA BEACH < < CITY OF VIRGINIA BEACH (� GPIN #2417-99-1321 GPIN #2417-99-1321 ,C\Z• (M.B. 5, PG. 103) (M.S. 5, PG. 103) N � o `s w m DENOTES PORTION OF c g ro ® PUBLIC ALLEYS o 0 TO BE CLOSED v $ ^ Z AREA=17,600 SF m z OR 0.404 ACRES W S 13'53'53' E 190.00' S 1333'53" 190.00' N 13'5353" W 190.00' N 13'53'53" W 190.00' 10.00' c c 70.00' N 76'06'07" E N 9 S 76'06'07' W W ; • CITY OF VIRGINIA BEACH w 3 CITY OF VIRGINIA BEACH o m g GPIN #2417-99-1321 GPIN #2417-99-1321 0 8 (M.B. 5, PG. 103) $ (M.B. 5, PG. 103) N N 3479409.69 ^y 20.00' E 12218686.32 l t 90.00' 190.00' N 1353'53' W N 13'5353' W W CITY OF VIRGINIA BEACH C) PRE-' A tENU£ (60' R/IW) GPIN #2417-89-7221 Fa,?AfERLY CASPIAN Ab£NUEJ (M.B. 115, PG. 52) (YACA BY X"YCOUNC/L SEPT. .9 1963) (ti1.8 115, PC. 52) EXHIBIT 'D' SHOWING PUBLIC ALLEYS OF BLOCK 1 2S"RaNIA ST TO BE CLOSED sys7Z 4"'! (M.B. 5, PG. 103) 7983/13 IgVDlpq� VIRGINIA BEACH, VIRGINIA (Hqp�) NAD JANUARY 30, 2007 Landscape Architecture • Planning Surveying • Engineering Eirtiroamental Sciences 5033ROUSEDRIVE,VIRGINL L7YACH,VA23g62-3703 PHO!VE (767) 990.97" - FAX C/s>149u.o4ls JOB# 04005 PLAT RECORDED IN ZONED: R5S DATE 01-30-07 1 SCALE: 1'-6D' I DWN BY: JCA (MB 5. PG 103) SURVEY OF AREA TO BE CLOSEjf- CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 5 SURVEY OF AREA TO BE CLOSE® CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 6 25th STREET (110' R/W) (MS. 7 PG. 101) C N o a9 Z g N 7606.07' E 2W �`� u j N 3679 75.16 S N CITY OF VIRGINIA BEACH �a d, 2417-89-3186 (M.S. 7, PG. 101) DENOTES PORTION OF �1a ® PARKS AVENUE TO BE CLOSED m CITY OF VIRGINIA BEACH ^fit OR 0.551'ACRES 000 SF 2417-88-1818 ACRES C (D.B. 495, PG. 445) y (M.B. 36, PG. 40) E x�8238ao 0.00 llp 0800 78.59' p�J j,0� 5 76'06'07' N S 76'08'07' w EXHIBIT 'B' SHOWING 24th STREET 24th STREET (50' R/W) A PORTRKS ION (80' SME (FORMERY O STREET) TO BE CLOSED (Mg. 7 PG 101) (M. B. 29, PG. 75) (M.S. 7, PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007 MSA, P.C. LmdseaoeArchitect-am -Planning Surveying • Engia=en ng Eaviranmmtal Sc:cnc� 3033 ROUSE D1f:VE, l'MrMt B2,.Qd, VA 23W2-370. PROVE (?S7),9N92(4 • F.1X 75') 49A9631 JOBS 04005 PLAT RECORDED IN ZONED: R5S DATE: 01-30-07 1 SCALE: 1'=SO' I OWN BY: JCA (MB 7, PG 101) SURVEY OF AREA TO BE CLOSE® CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 7 CITY OF VIRGINIA BEACH GPIN #2417-89-7221 (M.S. 115, PG. 52) N 76'06'07' E CYPRESS A 09VUE (60' A1, W FORME/?LY CASP/AN AKNUEJ (t/ACA BY C1TY COUNC/L SEPT. $ 1963J 1313'53. E (!l.B. 175 PG. 5-2) CITY OF VIRGINIA BEACH GPIN #2417-89-3186 (M.B. 7, PG. 10-T) CITY OF VIRGINIA BEACH GPIN #2417-89-3186 M.B. 7, PG. 101) CITY OF VIRGINIA BEACH . GPIN #2417-89-3186 (M.B. 7, PG. 101) ® DENOTES PORTION OF PUBUC ALLEYS TO BE CLOSED AREA -7,650 SF OR 0.176 ACRES ry iJ X353- W PARKS AIENUE (60' R/ty) "'3s3sa' (PAPER 57TRE6iJ (M.6. 7 PG. 101) EXHIBfT ' SHOMNG PUBLIC AU.EYS - 3 SURVEY OF AREA TO BE CLOSE® CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda item 15 Page 8 T�0 BMS � (M.B. 7, PG. 101) VIRGINIA NRpNIq S Sy3q BEACH, VIRGINIA JANUARY 30, 2007 CO n99.i q�oNqre MS.c��_-_�. L2adxape A,r tecxure • Ppann;ng Sv= reyirg' Eaginwlir4 Environmental Scieaxs 5073 RO:/5E DEtro C. YIRGL\7A �EA(N, VA 2'+46:.17. J06# 04005 zdoNEOs:7.so.atw. rae (ss>).vo-aea. ZONED: R55 DATE Cl -30-07 SCALEB OWN BY: JCA P=AT RECORDED IN SURVEY OF AREA TO BE CLOSE® CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda item 15 Page 8 # I Date Description Action 717 106/23/01 1 Street Closure Approved ZONING HISTORY CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 9 I R LIM M TIE 0 0 U PROPOSED SITE PLAN CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 10 MEDITERRANEAN ST. Tl - II 0 0 U PROPOSED SITE PLAN CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 10 :A 'k O s U N Hui uj H t Z N p F Xr r ti' u> ri d -j c Z O fit N z iij a W J z W tv W a x _f t, Lu Lu W w N x r Lo N Z O t— d W J ul H Q S L ak � PROPOSED EUILDNG ELEVATION CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 11 O s U N Hui uj H w Z N p F d t.- u> ri d -j Y.1 W am Z O fit N z Q > IL �O W J I= > a W ak � PROPOSED EUILDNG ELEVATION CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 11 xo11v317ddv smfisorD EBB Lu I�[I]A�yl]Yfi�i1!Iii. � CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda item 15 Page 12 E 5 �2 I�[I]A�yl]Yfi�i1!Iii. � CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda item 15 Page 12 W CL I�[I]A�yl]Yfi�i1!Iii. � CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda item 15 Page 12 rWCITY.OF Dr. 3ames G. Merritt, 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 717-0259 (cell) Chairman July 1, 1998 - December 31, 2OC-3 495-3551 (home) 495 9576 (fax) 1513 Be.achview Drive dedwscolbdu'aol.corn Virginia Beach, VA 23464 Mrs. Rita Sweet Bellitto Vice -Chairman P.U. Box 6448 Virginia Beach, VA 23456 Mr. Todd C. Davidson 2424 SevaiindhTrail Virginia Beach, VA 23456 Mrs. Emma L. "Em" Davis 1125 Michaelwood Drive Virginia Beach, VA 23452 Mrs. Patricia G. Edmonson 401-205 Barbour Point Virginia Beach, VA 23451-7130 Mr. Edward F. Fissinger, Sr. 412 Becton Place Virginia Beach, VA 23452 Mr. Dan R. Lowe 1617 Red Coat Road Virginia Beach, VA 23455 Mr. Lyndon S. Remias 3225 Narlsemond Loop Virginia Beach, VA 23456 Ms. Sandra Smith -Jones 705 Rock Creek Court Virginia Beach,'VA 23462 Mr. Michael W. Stewart 10S Brenhvood Court Virginia Beach, VA 23,152 At -Large 418 0960 (cell) July 1, 2004 - December 31, ?008 swee 4schoolS:cEarthlui'r..net. 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) 4306447 (fax -office) tcdavinverizon.net 340.8911 (home) 340-1981 (fax) edavis2090cox.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) drlowe2345@aol.com District 7 - Princess Anne 630.6102 (cell) July 1, 2006 - December 31, 2010 Lremias@yahoo.com District 2 - Kempsville It 1, 2004 - December 31, 2008 At -Large Seat July 1, 2000 - June, 30, 2004 District 3 - Rose Hall July 1, 2000 - December 31, 2008 490-8167 (home) 490-8167 (fax) vote4smi th}ones@aol.com 498-4303 (home) 445.4637 (office) 444-0698 (fax -office) rnrosehalkgaol.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 IRGIN_IA BEACH CITY PUBLIC -SCHOOLS AH CAL) or rnr 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. 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. Item 415 Virginia Beach City Public Schools Page 3 1 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' R/W) (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: 'Vl 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' R/W) (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 September 76 10, 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 September 10, 2008, the date 80 of final 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 88 89 90 91 92 93 94 95 96 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 -10285 V:�applicationsNckylawprodbycom32\W pdocs\D025UM2\00035877.DOC R-3 August 23, 2007 3 APPR D TAPS \ CONTENT: J f Planning a artment APPROVED AS TO LEGAL SUFFICIENCY: - City Attorney CYPRESS A PENUE (FORMERL Y CASP/A/V_A 12 (M. S. 7, PG. 101) L77Y OF NRC1N/A BEACH — — 1417-89-4595 _ (M. B. 7 PG 101) CHARLES _900PAR0 BURTON 2417-89-3572 3 _ (/NST. 1100412060190827) (VB. 7 PG 101) o --- o� � 1 -. o -- Ln vbE A NOYAW O 2417-89-2590 _ - — —D.B. 361 PG 561) (AGB. 7 P0. 101) JOE A NOYAA 2417-89-2513 . 2417-89-2428 (0..B. 425 PG. 274) (W.. 7, PG. 101) aMV E GALLIFANT 2417-89-1484 0.8. 85 PG 2228) ` (M.B. 7 PG 101) BRADLEY £ OARDN 2417-89-1441 u£RRY,' MW KNELL (D. B. 2556, PG If,. 2417-89-0595 M.B 7 PG 101 (D.B. 2308 PG. 32) CYPRESS A kENUE (60' R/�Y) (VACATED BY Cl Tr COUNCIL SEPT. 9, 1953) yRGIIyIA SYS MAS I'LAA 1883/7993 y 0!V fC "D/A1,4 1F 3 WY OF WIMP! BEAQV 2417-89-,1186 a (AGB. 7 PG 101) .�L ®DENOTES PORTION OF 25TH STREET TO BE CLOSED AREA=30,543 SF OR 0.701 ACRES EXHIBIT 'A' SHOWING PARKS APENUE A PORTION OF a 9. 25TH STREET '4ys33, /� g (60' RIOW) TO BE CLOSED Fo o PAPER STREET) (M.B. 7, PG. 101) 26.10' 3 M.S. 7, PG 101 S 13'53'53" E 7S 24.00' (M. S. 29, PG. 7 VIRGINIA BEACH, VIRGINIA 1¢ 1s• � JANUARY 30, 2007 33.£ N 13'53'53" W MSA P. C. Landscape Architecture • Planning Surveying • Engineering Environmental Sciences 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3703 PHONE (757) 490-9264 • FAX (757) 490-0634 JOB# 04005 PLAT RECORDED IN ZONED: R5S I DATE: 01-30-07 1 SCALE: 1"=50' DWN BY. JCA I (MB 7, PG 101) jFIC lf511 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 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". DISTRICT 6 - BEACH MEETING DATE: September 11, 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: 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 of Virginia Beach is the owner of the underlying fee and the School Board of the City of Virginia 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. Submitting Department/Agency: Planning Departmen City Manager: k-.'366ft VIRGINIA BEACH CITY PUBLIC SCHOOLS Agenda Iters 15 June 13, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: 0tv ot Va Beach Schools 1 a 36 +r--• , ,�,� tt r.. Z;;,1.- �.2ki � t:L'7LY.:.111�;�0 vL'J ��•le Ott G Fl. � 1 S -55 f , I r-' J sT, P - f 24TH L P -I fj 8n".y i y.,uS�f 3rd SrX C* Discontinuance, closure and abandonment of a portion of 25"' 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: . 251h 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 CULTURAL FEATURES: The site is located within the Resource Protection and Resource 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 a o- x i Ag Oak ' it >Sw f l �p//�'^_ 1 II•"Vl wi. P5 ij,}� Ali l' � ,.-.[, a 'l`'.�, 1 � .,��`3 tri �yw,^�e �� • ., �` -." - - I \_ y i�jftl pyQ p` }i Z � M Rai � l�� ��.. .. � �,-. •(�.I: : i ��4= t.4t �' � a t. f � -r .- it++� ��,'a� �,}� p(� 21 Ft :x-•, 4 � er �� � y C� t - .Lr t' Y'.� irY .e�i.. ',.ic- 'ig(•{ •-il _ -•� � `4r r� MEWERRANEAN A I ZWZIE (60' RIW) (tea 5 PG. 10,3% S 1353'53' E S 13'53'53" 190.00' 190.00' N 7 524.79 20.0(y o b W E 12219171.69 S 13'53'53" E o 0 3 N 0 o CITY OF VIRGINIA BEACH CITY OF VIRGINIA BEACH o 0 od GPIN #2417-99-1321 GPIN #2417-99-1321 N P (M.B. 5, PG. 103)p o (M.B. 5, PG. 103) m Z G O N nV n Z N 5 13'53'53' E 190.00' S1353'3' E 190.00' N 11*53'53' W 190.00' N 13'53153' W 190.00' 10.00' 10.00' Q N 76'06'07' E S 76'06'07' Vl 144 W W^ o o CITY OF VIRGINIA BEACH < g CITY OF VIRGINIA BEACH GPIN #2417-99-1321 GPIN #2417-99-1321 (M.S. 5, PG. 103) (M.B. 5, PG. 103) h N W G O } ® DENOTES PORTON OF c S m PUBLIC ALLEYS o 0 g n Z H TO BE CLOSED p P ^ AREA -17,600 SF Z OR 0.404 ACRES H S 13'53'53" E 190.00' S 13'53'53' E 190.00' N 13'53'53' W 190.00' N 13'53'53' W 190.00' 10.00' g g 10.00' N 76'06'07' E c H S 76'06'07" W 3 CITY OF VIRGINIA BEACH CITY OF VIRGINIA BEACH S 8 GPIN #2417-99-1321 GPIN #2417-99-1321 0' (M.B. 5, PG. 103) p (M.B. 5, PG. 103) w N 3479409.69 ^ ^ 20.00' y �=N Z y N 13'53'53" W 190.00' 190.00' l� 13'53'53' W N 1353'53' W CITY OF VIRGINIA BEACH CYPRESS AtOME (60' R/WJ GPIN #2417-B9-7221 [FORMER r CASPIAN AI�£NUE) (M.B. 115, PG. 52) (/ACA SY 017Y COUNCIL SEPT. .9 196j) (M-8.. 115 PG. 52) EXHIBIT 'D' SHOWING PUBLIC ALLEYS OF BLOCK 126 "RgMA Srq TO BE CLOSEDr (M.S. 5, PG. 103) 198a�',b99 p��RD� VIRGINIA BEACH, VIRGINIA d CHggN� N40 q>F J11j A��N,,��UAARY 30, 22007 L-L-6scapa ArchitectLre • Planning S—cying • Engineering Emironmcntai Sciences 5037 ROUSEDRRB, ZcB.a uEAcri, VA 2346203 -37 PHONE (797490-92..r VC7s^1+9O-F'.7a JOB# 04005 PLAT RECORDED IN ZONED: R5S DATE 01-30-07 1 SCALE: 1"-60' 1 OWN BY: JCA (MB 5, PG 103) SURVEY OF AREA TO BE CLOSED CIN OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 5 SURVEY OF AREA TO BE CLOSE® CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 6 CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 7 25t1i STREET (110' R/W) (M.B. 7 PG 101) N Q ff=S � = 8N 76'08'07" E 4w "'ni�= u f0" u� N 3479275.18 E 1227814272 01 // CITY OF VIRGINIA BEACH 2417-89-3186PG.10 (M.S. 7, PG. 101) j/ °m• d DENOTES PORTION OF PARKS AVENUE ��a® TO BE CLOSED CITY OF VIRGINIA BEACH C 0 l = AREA -24.000 SF OR 0.551 ACRES 2417-88-1818 (D.S. 495, PG. 445) (M.B. 36, PG. 40) y IC O N 3478886.89 S 133553' E ///� E 12278238.80 Cy�886' �Op � 0.00 `�S 5 76'06'07- W �i� 00 79.59' s 76*06.07' w EXHIBIT 'S' SHOWNG 24th STREET 24th STREET (50' R/WJ (FORMER Y O S'7REE7J PARKS AVENUE (80' R%W% (M.B. 29, PG. 75) TO BE CLOSED (WR 7 PG. 101J (M.S. 7, PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007 MSA, L^,3ldseapeA,.Wl cftu--Planning Surveying • EDgiraring Envir0722>:ental Scic*2ee6 $033RWSEDlOVE. ICIKi.ACA, lA.1W2-37W ➢7;ONE47M,97.9264 • FAX (?37) 49XD04 JOB# 04005 PLAT RECORDED IN ZONED: R5S DATE: 01-30-07 SCALE: 1.550' 1 DVM BY: JCA (MB 7, PG 101) CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 7 N 04005 t RSS CITY OF VIRGINIA BEACH CYPRESS AIENUE (60, GPIN $2417-69-7221 (FORMERLY CA,5PjAN AYENUEJ (M.B. 115, PG. 52) (YACA O BY C -77Y COLING/L SEPT. 9, 1963) S 1353'5r E (MB. 115, PG. 52j CITY OF VIRGINIA BEACH GPIN #2417-89-3186 (M -B. 7. PG. 101 ) CRY OF VIRGINIA BEACH GPIN #2417-89-3186 (M.B. 7, PG. 101) n �s'S.553' w 19500' (PAPER s7REErj tO.OD' (MR 7 PG 701) S 716W07- 16W0rCITY EXHIBIT 'C' SHOWING PUBLIC ALLEYS OF BLOCK 135 TO BE CLOSEDSAy/�A, (M.B. 7, PG. 101) VIRGINIA WTA�P %N BEACH, VIRGINIA J�AAANttrrUARY 30. 2007 '98i coo�mrq (NAR/v) NA0 1F Z..adscape Arr�rxcture • P'>eaaiag CITYOF VIRGINIA BEACH GPIN (�0 #2417-89-3186 Eav3roameani Scieaoes (M.S. 7, PG. 101) ti N ® DENOTES PORTION OF PUBLIC ALLEYS TO BE CLOSED AREA -7,550 SF OR 0.176 ACRES N 1333'53' w 195.00' PARR J A►' NV <60, RI N 1353'53' w (PAPER s7REErj (MR 7 PG 701) EXHIBIT 'C' SHOWING PUBLIC ALLEYS OF BLOCK 135 TO BE CLOSEDSAy/�A, (M.B. 7, PG. 101) VIRGINIA WTA�P %N BEACH, VIRGINIA J�AAANttrrUARY 30. 2007 '98i coo�mrq (NAR/v) NA0 1F Z..adscape Arr�rxcture • P'>eaaiag Surveying • Engineering Eav3roameani Scieaoes SGJ:tOL3P ali]Vt;, VtR0alyy 0&3CN, va 23( 2.IT,lg PiiONE (sn 190A2M . PA.C(:s'7 aqs-O6Js 01-30-07 IN OWN BY: JCA SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 8 # Date- Description Action 1 06/23/01 Street Closure Approved CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 9 l; J ..-MEDITERRANEAN �S i. F. Utz t � i y..4� t c t tp[IGYOMptfn� � O O r to D O_ Z :k d9t xcL (� W Q ~ 131 Vl muj p ¢"I Z0 �IL a ae > a. PROPOSE® SITE PLAN CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 10 a —A 0 0 U V) ui is t4 z 0 zQ U > Lu ui uj an CA Lu L-1 z0 o IL ck: 0 ad > IL PROPOSE®BUILDNG ELEVATION CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 11 P i z tt uj z Lu UJ tt 0: it Lb Lu Lu LLJ a —A 0 0 U V) ui is t4 z 0 zQ U > Lu ui uj an CA Lu L-1 z0 o IL ck: 0 ad > IL PROPOSE®BUILDNG ELEVATION CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 11 1; n Lo in 71 "kUl CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 12 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 /11-0259 (cell) July 1, 1998 - December 31, 2008 495 3551 (borne) Chairman 495 9576 (tax) 1513 Beachview Drive dedwscoibd,.�Paol.Com Virginia Beach, VA 23464 Mrs. Rita Sweet Bellitto At -Large 418 0960 (cell) vice -Chairman July 1, 2004 - December 31, 2008 swcet4schoolstpeartnl nk.net P.O. Box 6448 Virginia Beach, VA 23456 Mr. Todd C. Davidson 2,424 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 Beath, VA 23451-%130 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 Rack 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) 2.85.9409 (cell) 430.6447 (fax -office) tcdavi@verizon.net 340.8911 (home) 340-1981 (fax) edavis2090acox.net 428-5240 (home) 431-1987 (fax) Par-ichoolboard@hotmaii.com 486-4567 (home) 216-3887 (fax) ed.ftssinger@verizon.net 490-3681 (home) 490-9615 (fax) drlowe2.345@aol.com District 7 - Princess Anne 630-6102 (cell) July 1, 2006 -December 31, 2010 Lremias',alyahoo.com District 2 - Kempsville July 1, 2004 - December 31, 2008 At -Large Seat July 1, 2000 -.lune 30, 2004 District 3 - hose Hall July 1, 2000 - December 31, 2008 490-8167 (home) 490-8167 (fax) vote4smithjone_s@aol.com 498-4303 (home) 445.4637 (office) 444-0698 (fax -office) mrosei:allCalaoE.com Mrs. Carolyn D. Weems At -Large 464-6614 (home) 1420 Claudia Drive July 1, 1002 - December 31, 2010 363.8281 (fax) Virginia Beach, VA 23455 caroiyn4kids@cox.ner. 1„/iRG1A11A BEACH CITY PUBLIC SCHOOLS - —-- nHEno of -r r.r 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. 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. Item #15 Virginia Beach City Public Schools Page 3 1 2 3 4 5 6 IN THE MATTER OF CLOSING, VACATING AND 7 DISCONTINUING A PORTION OF THAT CERTAIN 8 STREET KNOWN AS 25TH STREET AS SHOWN ON 9 THAT CERTAIN PLAT ENTITLED "EXHIBIT `A' 10 SHOWING A PORTION OF 25TH STREET TO BE 11 CLOSED (M.B. 7, PG. 101) VIRGINIA BEACH, 12 VIRGINIA 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 "PORTION OF 25TH STREET TO BE CLOSED 34 AREA = 30,543 SF OR 0.701 ACRES" shown as the 35 hatched area on that certain plat 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 1 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 City is the owner of the underlying fee and the 54 School Board of the City of Virginia Beach is the applicant seeking this street closure 55 and has used the property for school purposes for 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 September 76 10, 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 September 10, 2008, the date 80 of final 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 CA -10286 V Aipplicat io ns\c¢ylawpmd\cycom33\W pdocs\D03\P002\00035874.DOC R-3 August 23, 2007 APPqV D j4S O CONTENT: Planning apartment APPROVED AS TO LEGAL SUFFICIENCY: &&M q��b� City Attorney 0 N 0 0 0 MEDITERRANEAN A 1F"NUE (60' RIW� P.- 103 S 13'53'53" E S 13'53'53" E 190.00' 190.00' x9529.79 20.00' 19171.69 S 13'53'53" E o 0 0 0 N_ _N CITY OF VIRGINIA BEACH W 3 CITY OF VIRGINIA BEACH GPIN #2417-99-1321 GPIN #2417-99-1321 (M.B. 5, PG. 103) o (M.B. 5, PG. 103) N 13'53'53" W 1 10.00' N 76'06'07" E CITY OF VIRGINIA BEACH GPIN #2417-99-1321 (M.B. 5, PG. 103) F N 13'53'53' W 190.00' 10.00' N 76'06'07" E CITY OF VIRGINIA BEACH GPIN #2417-99-1321 (M.B. 5, PG. 103) 141 �a N 13'53'53" W 190.00' 10.00' S 76.06'07" W CITY OF VIRGINIA BEACH GPIN #2417-99-1321 (M.B. 5, PG. 103) ®DENOTES PORTION OF PUBLIC ALLEYS TO BE CLOSED AREA=17,600 SF OR 0.404 ACRES En_,," N 13'53'53" W N 13'53'53" W N 13'53'53" W CITY OF VIRGINIA BEACH CYPRESS A I/ MIF (60' Rl-'W GPIN #2417-89-7221 [FORMERLY CASPIAN A! fNUE� (M.B. 115, PG. 52) (VACA D 29Y C17Y COUNC/L SEPT. 9, 1963 *R 115, PC 52) EXHIBIT 'D' SHOWING 3 3 V) 3 m PUBLIC ALLEYS BLOCK 126 TO BE CLOSED $ 'TA$oP/ VIRGINIA BEACH, VIRGINIA 7g83CO /UN 1g93 HA N� NAD A� JANUARY 30, 2007 MSA9 P.C. Landscape Architecture • Planning Surveying • Engineering Envircnrnental Sciences 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3705 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 I (MB 5, PG 103) S 13'53.53" E 190.00' N 13'53'53" W 190.00' 0 10.00' N S 76ro6'07" W a CITY OF VIRGINIA BEACH o GPIN #2417-99-1321 ^ o (M.B. 5, PG. 103) N En_,," N 13'53'53" W N 13'53'53" W N 13'53'53" W CITY OF VIRGINIA BEACH CYPRESS A I/ MIF (60' Rl-'W GPIN #2417-89-7221 [FORMERLY CASPIAN A! fNUE� (M.B. 115, PG. 52) (VACA D 29Y C17Y COUNC/L SEPT. 9, 1963 *R 115, PC 52) EXHIBIT 'D' SHOWING 3 3 V) 3 m PUBLIC ALLEYS BLOCK 126 TO BE CLOSED $ 'TA$oP/ VIRGINIA BEACH, VIRGINIA 7g83CO /UN 1g93 HA N� NAD A� JANUARY 30, 2007 MSA9 P.C. Landscape Architecture • Planning Surveying • Engineering Envircnrnental Sciences 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3705 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 I (MB 5, PG 103) Nu� eo 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: September 11, 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. Submitting Department/Agency: Planning Departmen City Manager. S ��� VIRGINIA BEACH CITY PUBLIC SCHOOLS Agenda Item 15 June 13, 2007 Public Hearing Staff Planner. Faith Christie REQUEST: Discontinuance, closure and abandonment of a portion of 25h 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: . 251h Street USE AND ZONING: . Across 25hth Street are Single-family and duplex dwellings South: . 24`h 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 MEDITERRANEAN AVENUE (60' R/W) S 1353'53" E S 13'53'53" E 190.00' 190.00' . N 7 529.79 20.00' c c W E 12219171.69 S 1353'53' E o 0 0o CITY OF VIRGINIA BEACH m 3 CITY OF VIRGINIA BEACH g p c o GPIN #2417-99-1321 GPIN #2417-99-1321 6. (M.B. 5, PG. 103) o o (M.B. 5, PG. 103) z ? o n ZD n aT S 1353153" E 190.00' S 13S3'Sr E 190.00' �\ N 1553'53' W 190.00' N 1353'53" W 190.00' �1 10.00' 10.00' Q A O N 76'06'07' E S 76'06'07' W BOO CITY OF VIRGINIA BEACH + g CITY OF VIRGINIA BEACH (7 m y GPIN #2417-99-1321 GPIN #2417-99-1321 w�- (M.B. 5, PG. 103) (M.S. 5, PG. 103) h N a W P n 10 ® DENOTES PORTION OF e g a PUBLIC ALLEYS c C! d TO BE CLOSED < ? z N v AREA-17,600 SF N Z OR 0.404 ACRES S 1353'53' E 190.00' S 1353'53' E 190.00' N 13'53'53" W 190.00' N 13753'53" W 190.00' 10.00' $ _ 10.00- N 76'06'07' E ioi N S 76'06'07' W - CITY OF VIRGINIA BEACH 3 CITY OF VIRGINIA BEACH e 8 GPIN #2417-99-1321 " GPIN #2417-99-1321 g o Z(M.B_ 5, PG. 103) (M.B. 5, PG. 103) $ N 3479409.69 n20.00y E 12218686.32 Z u, ' N 13'53'53' W 190.00' 190.00' N 1353'53' W N 1353'53' W CITY OF VIRGINIA BEACH CYPRESS A k&M/E (60' R11W) GPIN #2417-69-7221 [FORMERLY CASPIAN AKLVgC) (M.B. 115. PG. 52) (1/ACA RY C17Y COMM SEPT. 9, 1963) (M.B. 115 PG 52) EXHIBIT 'D' SHOWING PUBLIC ALLEYS OF BLOCK 126 "RpNlq TO BE CLOSED zrq (M.S. 5, PG. 103) 1983/1gy�2c OORb, VIRGINIA BEACH, VIRGINIA (11Ar NqO JANUARY 30, 2007 MSA; P-C. Landscape ArchiteM • Planning Surveying - Engineering EmironmenmI Sciences 503) RPHONE CIM W0.92" -7AL.1IV (M). Yq 2N62-3703 v�9.9Gia JOB# 04005 PLAT RECORDED IN ZONED: RSS DATE: 01-30-07 SCALE: 1'-60' DWN 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' RIW) (M.B. 7, PG. 101) � A ,p z $ N 7698'07- E 2^ u 60 N= u N 3479 75.18 S j E 12218142.72 c CITY OF VIRGINIA BEACH 2417-89-3186 (M.B. 7, PG. 101) 2 z u DENOTES PORTION OF y ® PARKS AVENUE a as TO BE CLOSED CITY OF VIRGINIA BEACH AREA=24,000 SF 2417_88-1818 OR 0.551 ACRES (D.B. 495, PG. 445) y C (M.B. 36, PG. 40) O �b &0c, N 347 .89 E 12218238.80 �?Po p g`��J jGb 5 769697- w 5 7698'07- w EXHIBIT 'B' SHOWING MON OF 24th S%RE£T 24th STREET (50' R/1f) ?ARKS (80' R/W) (FORUM Y,9 SMEFTJ TO BE AVENUE (M829, PG. 75) CLOSED (Mg. 7, PG. f07J (M.S. 7, PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007 MSA, P.C. Landsmpe Architecture • Planning Surveying • Engineering Environmental Scicnces 5033ROUSE DRYS. 1Z rN.49L• (71, VA 23462.310: PHONE (757) 490.9264 • FAX j7S� 4W" JOBf 04005 PIAT RECORDED IN ZONED: R5S DATE: 01-30-07 1 SCALE: 1"-50' DYM BY: JCA I (MB 7, PG 101) SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 7 N JOB# 04005 ZONED: RSS CITY OF VIRGINIA BEACH CYPRE35 AVENUE (60' RIWj GPIN #2417-89-7221 @RMERLY C4 -';-14N A!ENUEJ (M.B. 115, PG. 52) (VA CA BY C17Y COUNC/L SEPT. 9, 1963) 5 13'53'53' E (ALB. 115 PC. 52J CITY OF VIRGINIA BEACH GPIN #2417-89-3186 (M.B. 7, PG. 101) CITY OF VIRGINIA BEACH GPIN #2417-89-3186 (M.S. 7, PG. 101) N 1353'53' W 195.00' N 1353'53• W 70.00' 195.00' N 1353'53' W S 76'06'07' W .` Ira R/!7') (PAPER SIREE) (M.B. 7 PC. 101) EXHIBIT 'C' SHOWING PUBLIC ALLEYS OF CITY OF VIRGINIA BEACH (q BLOCK 135 GPIN #2417-89-3186 TO BE CLOSED (M.S. 7, PG. 101) .'C�„ VIRGINIA BEACH, VIRGINIA �r+9a JANUARY 30. 2007 N 1A — 4SA ®DENOTES PORTION OF PUBLIC ALLEYS TO BE CLOSED AREA -7,550 SF OR 0.176 ACRES SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 8 N 1353'53• W 195.00' N 1353'53' W 195,00' N 1353 � W !'ARKS AVENUE (60' R/!7') (PAPER SIREE) (M.B. 7 PC. 101) EXHIBIT 'C' SHOWING PUBLIC ALLEYS OF BLOCK 135 y TO BE CLOSED IA ST Ts VIRGINIA BEACH, VIRGINIA �r+9a JANUARY 30. 2007 -V (H��AO 1A — 4SA Landscape 4reLa1eci13re • Pia3miag Slaveying • Engineering Eaviro=cnnl Scievow 10.13 70L3E DR11<Yn10LVAIfE CK VA 23W 31A PHCVE A57 �gp.9r6s . PA3t r/s'O wp.ONs DATE 01-3D-07 SCALE. 1' 80' OWN BY: JCA PUT RECORDED IN (MR Z ar 1ml SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 8 of Va Beach Schools lien � vl� ---- ------- # 1 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 as 3 911" MEDITERRANEAN ST. . AN o v_� D �z gQ CL Lu �i W Q " W N m Q N z a a cc y C. Ej PROPOSED SITE PLAN CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 10 PROPOSED BUILDNG ELEVATION CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 11 J O s U N lu W 94 u+ ce Z _ O N y N U > Lu Q —+ W W Im Z Q W a (3o > O W w >CL Lu - tMFAIIM � O sow Is I{ tt t Z i; ui r t! Q r ck: W £ �e W .- It �. O > — — W W a <I �I N Q W PROPOSED BUILDNG ELEVATION CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 11 J O s U N lu W 94 u+ ce Z _ O N Q N U > Lu Q —+ W W Im Z Q W a (3o > O W w >CL Lu - tMFAIIM � O sow Is PROPOSED BUILDNG ELEVATION CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 11 NOIZVJI'IddV aNRSOD JL2[Hi'q'- W 0, T 1-7f"ll Ild "I' �If1S0'I� Z��IZS NoUv J av CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 12 Ix O CL T 1-7f"ll Ild "I' �If1S0'I� Z��IZS NoUv J av CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 12 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 Sea&, VA 23456.0038 Mr. Daniel D. "Dan" Edwards District 1- centerville 711-0259 (cell) July 1, 1998 - December 31, 2U08 495 3551 (Tome) Chairman 4959576 (fax) 1513 Beaclwiew Drive dedwscolbd 9'aol-Cori Virginia Beach, VA 23464 Mrs. Rita Sweet Bellitto At -Large 418 0960 (cell) 1, 2004 - December 31, 2008 sr:ceasclio0ls`L6eartr.l,nk.ne.t Vice-ChairmanJuly P.Q. flux 6448 Viruntid Bedch, 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 Nansemond Loop Virginia Beach, VA 234% Ms. Sandra Smith -Jones 705 Rock 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, 20% - December 31, 2010 At -Large July 1, 2004 - December 31, 2008 District 4 - Bayside July 1, 1998 - December 31, 2010 427-3330 (office) 285-9409 (cell) 4306447 (fax -office) tcdavi@verizon.net 340.8911 (home) 340.1981 (fax) edavis209@cox.net 428-5240 (home) 431-1987 (fax) Pat-schoolboard@hotmaii.com 486-4567 (home) 2.16-3887 (fax) ed.ftssinger@verizon.net 490-3681 (home) 490-9615 (fax) driowe2.345@aol.com District 7 - Princess Anne 630-6102 (cell) July 1, 2006 -December 31, 2010 Lremias@yahoo.com District 2 - Kempsville Illy 1, 2004 - December 31, 2008 At -Large Seat July 1, 2000 - Jbne 30, 2004 District 3 - Rose Hail July 1, 2000 - December 31, 2008 490-8167 (home) 490-8167 (fax) vote4smithlones@aol.com 498-4303 (home) 445.4637 (office) 444-0698 (fax -office) mrosehall@aol.com Mrs. Carolyn D. Weems At -Large 464-6614 (home) 1420 Claudia Drive July 1, 2002 - December 31, 2010 363-8281 (fax) Virginia Beach, VA 23455 carolyn4kids@cox.net 41R_GINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF T,ir 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 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. 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. 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 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 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 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. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 77 10, 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 September 10, 2008, the date 81 of final 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 -10287 V:\applications\citylawprod\cycom32\ W pdocs\D025\P002\00035872,DOC R-2 August 14, 2007 3 APPROED AS TO CONTENT: Plan n apartment APPROVED AS TO LEGAL SUFFICIENCY: City Attorne kqz CITY OF VIRGINIA BEACH CYPRESS A kENUE (60' R/l�Y� GPIN #2417-89-7221 MRMERL Y CASP/AN AIiENUE� (M.B. 115, PG. 52) (VACA D B/Y C/TY COUNCIL SEPT. 9, 1963) S 13'53'53" E (M. B. 115, PC. 52) 400.00' o CITY OF VIRGINIA BEACH In GPIN #2417-89-3186 (M.B. 7, PG. 101) N1 10.00' N 76'06'07" E 195. CITY OF VIRGINIA BEACH GPIN #2417-89-3186 (M.B. 7, PG. 101) 3. N 13'53'53" W 195.00' 10.00' S 76'06'07" W CITY OF VIRGINIA BEACH GPIN #2417-89-3186 (M.B. 7, PG. 101) DENOTES PORTION OF PUBLIC ALLEYS TO BE CLOSED AREA=7,650 SF OR 0.176 ACRES 3479275.18 10.00' 12218142.72 N 13'53'53" W 5 195.00' 195.00' N 13'53'53" W PARKS A kFNUE (60' RW) N 13'53'53" W ((PAPER STREET) / (M. B. 7, RO 101) EXHIBIT 'C' SHOWING PUBLIC ALLEYS OF BLOCK 135 TO BE CLOSED (M.B. 7, PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007 3 En V) 0RG//y/q 1 AI SyS�SrO NE 1883/1993 Z ON COO A7 MSA, P.C. 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 7, PG 101) 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:_ September 11, 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 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 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. Fr Submitting Department/Agency: Planning Departmen City Manager: ,C CITY PUBLIC SCHOOLS Agenda Item 15 June 13, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: '°' "° Citv of Va Beach Schools A-36 i ^' �.^� s• u� . i9 �1(C9 r _ 1 - K( )r).s._, P -I ZSTt{ r IJ P-1 street C osures 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 25'h 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 10 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 24`h 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 e��y1pr� 1� . {{.y'`.PB _":•i _.y`` �':��''94„4 Ft .z Y l ` y\a Z'• �-.s S Vx_ ;ti. K^S .•.RIE1+. S�.,. r 'A AV e ,•A4�gk.1 _ M� est. rt''J" - ,4 'y t < C� 3_" ' vj a ` � � Lam.:-�. � t � 3rraR �'w ° �• ;'• `� y �+ ,, ice. k,ti � ;•. zc• i��' _ `y} �� }�-;i'�' z JW �a�y'�' p,:� ,tea e"'� �tFb �� �t �i+-3�a t�r } 1!`�'{ f• T LSS. Nim 0 „!ag > �k ria,, .f jT` '� K^x''i • t l�t�+ .• '+ » zy. `a >Spq . -fir ,,, ., �il�■ WF,.p�s -tr,. K MEWERRAMEAN A KNUE (60' R11W) (M.a.. 5 RG. 103) S 13'53'53" E S 13'5353" E 190.00' 190.00' 529.79 20.00' bo i 9171.69 S 1353'53" 'E o 0 N_ CITY OF VIRGINIA BEACH W 3 CITY OF VIRGINIA BEACH GPIN #2417-99-1321 GPIN #2417-99-1321 (M.B. 5, PG. 103) o c (M.B. 5, PG. 103) E CITY OF VIRGINIA BEACH GPIN #2417-99-1321 (M.B. 5, PG. 103) N 135553' W 190.00' 10.00' 6'06'07' E CITY OF VIRGINIA BEACH GPIN #2417-99-1321 (M.B. 5, PG. 103) 10.00' / S 76'06'07" W - zO CITY OF VIRGINIA BEACH (' m GPIN #2417-99-1321 (M.B. 5, PG. 103) N ®DENOTES PORTION OF 3 PUBLIC ALLEYS TO BE CLOSED w m AREA -17,600 SF OR 0.404 ACRES �^ S 13'53'53" 190.00' N 1353'53" W 190.00' 10.00' S 76'06'07" W 3 CITY OF VIRGINIA BEACH o c GPIN #2417-99-1321 (M.S. 5, PG. 103) $ n 20.00' 19 N 13.53.53" W N 1353'53" W - N 1353'SY W CITY OF VIRGINIA BEACH CARESS A *Wur (60' R/W) GPIN #2417-89-7221 (T/RMM)l CASK/AN Al/ENUE) (M.B. 115, PG. 52) (YACi4 (M.B. S,OPGC�52 T .9 7963) EXHIBIT 'D' SHOWING PUBLIC ALLEYS OF BLOCK 12674i bltgNlTA r TO BE CLOSED %9 SPL c VIRGINIA BEACH, VIRGINIA ��teg3 HfA01NA>E JANUARY 30, 2007 1Y3 s�.c�.�_C. I.andsmpe ArcMtectwe • Planting Stu-rcying • Engineenng En19ronmcnW .Smence5 SD39--DRIVE,l7RGML UFACA, V,123062.370 PYO_NE 0+'71 F90.9Iw • F.l]c (757)19aoGfs JOB# 04005 PLAT RECORDED IN ZONED: R5S DATE: 01-30-07 1 SCALE 1"-60' OWN BY: JCA (MB 5, PG 103) SURVEY OF AREA TO BE CLOSE® CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 5 a' &FRL Y C4SA14k A h ;7,W. 7, PG. f07J OJYCY k1RG'lf7,1 lAEAdI — — N/7 -B9-4595 — — (M3 rnb S 13-53'53' E 1 pMA CYPRESS AkMlf- j� (60' R,,'W (t/ACA7FD BY C/TY COUNC/L o7r cr +avrawA s�Aav SEPT. 9, 7963) N 3x7939 8 E 72218628.05 t"A hegJ IpJCf�40pYA fHaaryJNAo 7e (sxsr �nx'�i.�yz7) (Mbt 7, PC JOIJ a j �� 3 o7r cr +avrawA s�Aav c j 2f17 -dM jai AIF A AVW (AU? 7 Arc /old / DENOTES PORTION .GFA /AOW yam„ OF 25TH STREET TO BE CLOSED AREA -30,543 SF (a6 f= sl: 274) nl OR 0.701 ACRES _ (Me � PG JOJJ StaW EVUfANT / — ae Jesi Z417-0-14W .E9PYFMc2pM2ZC B pma JJ49 2417-B9-OZ5 •Va-7. PG JOJ 08 Jm PC a2J sa7sz7s. E '1221814272 EXHIBIT 'A' SHOWING A PORMON OFa/ 9j a �� PARKS AVENUE 257H STREET +rs9s � (60 R1,W) TO BE CLOSED 'P PAPER SMFE7)1d.8.7. PG. 101 z6.t0•VIRGINIA BEACH, VIRGINIA 3J�AN9 Qe 7 PG 107)JANUARY 30, 2007 �MB. 29, PC. 75) 13-53053' W LEMM 2.andscape A: ci�i2ec2vze •Planning Sn.�.J-aS • Eag33:cci>;g � Fnvironmzmal Seirnc= 5033ROII5RDRfYi•YIQCtiZa 2F.:Gl, ✓n 23�51_3;Q4 +'HO"EM"4M92%-FAX p7a90.653! JOB# 04005 PLAT RECORDED IN ZONED: R55 DALE: 01-30-07 SCALE: 1'=50' DVN BY: JCA (MB 7, PG 101) SURVEY OF AREA TO BE CLOSE® CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 6 25th SMFET (110' R/W) (M.B. 7 PG. 101) e c s Z g N 76'08'07' E = O 6D.0 N = u / N 3479275.18 F E 12218142.72 m s y CITY OF VIRGINIA BEACH 6 2417-89-3186 �6• /� (M.B. 7, PG. 101) DENOTES PORTION OF a ® PARKS AVENUE TO BE CLOSED CITY OF VIRGINIA BEACH 15 AREA -24,000 SF 2417-88-1818 OR 0.551 ACRES (D.B. 495, PG. 445) Szi (M.S. 36, PG. 40) 5.00' / N 3478W6,89 5 1353'53' E 9 //,� E 12218236.60 1 hl '<"Zd R+yO 86 �J)00 5 76b6'Or N 0.00 78.59 s 76vs*or 99 EXHIBIT 'B' SHOWING 24fh STREET 24th STREET (50' R/W) A POR110N OF(FORMERLY9 SI' PARDKS BE AVENUE (BO' R/W) (M.B. 29, PG. 75) (M.B. 7, PG. 101) OSED (,W8. 7, PG 101) VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007 A4ST l=dsnpeArchiLecY.Dr_ Plan Ing Surveying • Engineeling I MI Tnvironmentat Scicnc� SDi] POLaED8:7¢,1T.t0IA'ZS L'L'_C!!. Y.i L!!G2-Jii^ PHONE UM 4909754 • FAX (75749MIK11 JOB@ 04005 PLAT RECORDED IN ZONED: R5S DATE: 01-30-07 1 SCALE 1-=50' 1 OWN BY: JCA (MB 7, PG 101) SURVEY 1 OF AREA TO ®E CLOSE® CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 7 CITY OF VIRGINIA BEACH GPIN #2417-89-7221 (M.B. 115, PG. 52) E CYPRESS' A kDVUE (60' R1,W FORMERL Y CASPIAN AY£NUEJ (VACA D BY 07Y =NC/L SEPT. 9, 1963) 3713.13. E (YS 115, PC. 52) CITY OF VIRGINIA BEACH GPIN #2417-89-3186 (M.B. 7. PG. 1Di) CITY OF VIRGINIA BEACH WIN #2417-89-3186 (M.B. 7, PG. 101) N 13'SS55' W 195.0 10.60 w R s7q�P C4yE 70 S 600 1 JANUARY 30, 2007 OfAR ) 1'1q I 0 CITY OF VIRGINIA BEACH GPIN 4) #2417-89-3186 (M.B. 7, PG. 101) ti N ®DENOTES PORTION OF PUBLIC ALLEYS TO BE CLOSED AREA -7,650 SF OR 0.176 ACRES PARKS AVENUE (6 N 135553' (PAPER SIREET) (A/B. 7 PG. 101) EXHIBIT 'C' SHON9NG Pt UC. AU.E1rS OF BLOCK 135 TO BE CLOSED (M.S. 7. PG. 101) w R s7q�P C4yE _ VIRGINIA BEACH, VIRGINIA• � �hpy1h 20,, JANUARY 30, 2007 OfAR ) 1'1q I M,s Laadsppe 9rc61teetare . P3aaning Sarlmyu:g • £agineeainq Environmenad Scieaccs SGi3 aou.=.s nsn �, vuecL�z� as,1C+L va z;�a:.noe J08'# 04005 AXCVE (157 �90.gt/,s. pq,�?yn �yp_Qy� ZONED: R55 PLAT RECORDED IN DATE: 01-30-07 SCALE: 1'sgp' OWN BY. JCA F (MB 7_ Pr —n SURVEY OF AREA TO BE CLOSE® CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 8 # Date Description Action 1 06/23/01 Street Closure Approved �dv]►'112cc] :IF..11LelM CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 9 7 ^ At F _ MEDITERRANEAN S 1. pF 'j y H T C� Z C � {i W Q r.— w y m 0 Q N zp 6 a0 6 PROPOSE® SITE PLAN CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 10 Z uj Z 4 09 ce- ui I.- 13 ui z 0 Lu uj I- 10 ui -j 0 0 U VI) uj Z 0 U> Q-1 wi Lu 00 a z 0 CL 0 > CL PROPOSED BUILDNG ELEVATION CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 11 NoiivTlaav HnsoD 13axIs fin CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 12 7 to of cl 77, fin CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 12 Lc�rs CC fin CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 12 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 234560038 Mr. Daniel D. "Dan" Edwards District 1 - Centerville 117-0259 (cell) July 1, 1998 - December 31, 2068 495 3551 (home) Chairman 495 9576 (fax) 1513 Beachview Drive dedwscolb(kPa0LC0r1 Virg,nie Beach, VA 23464 Mrs. Rita Sweet Bellitto At -large 418 0960 (cell) Vice -Chairman July 1, 2004 - December 31, 2008 sweet :lsc!loolss�earthl ink.net P.O. Bo)( 6448 Virginia Beach, VA 23456 Mr. Todd C. Davidson At -Large 427-3330 (office) 2424 Savannah hail July 1, 2006 - December 31, 2010 2.85-9409 (cell) Virginia Beach, VA 23456 4306447 (fax -office) � tcdavi a verizon.net MCS. Emma L. "Em" Davis District 5 - Lynnhaven 340.8911 (home) 1125 Michaehvood Drive July 1, 2002 - December 31, 2010 340.1981 (fax) edaAs209@c-.ox.net Virginia Beach, VA 23452 Mrs. Patricia G. Edmonson District 6 - Beach 428-5240 (home) 401-205 Harbour Point July 1, 2006 - December 31, 2010 431-1987 (fax) Virginia Beach, VA 23451-7130 Pat schoolboard@hotmail.com Mr. Edward F. Fissinger, Sr. At -Large 486-4567 (home) July 1, 2004 - December 31, 2008 7.16-3887 (fax) 412 Becton Place ed.fissinger@verizon.net Virginia Beach, VA 23452 Mr. Dan R. Lowe District 4 - Bayside 490-3681 (home) 4617 Red Coat Road July 1, 1998 - December 31, 2010 490-9615 (fax) drtowe2345Cdaol.corn Virginia Beach, VA 23455 Mr. Lyndon S. Remias District 7 - Princess Anne 630-6102 (cell) July 1, 2006 - December 31, 2010 Lremias@yahoo.com 3225 hansemond Loop Virginia Beach, VA 23456 Ms. Sandra Smith -Jones District 2 - Kempsville 490-8167 (home) 705 Rock Creek Court July 1, 2004 - December 31, 2008 490-8167 (fax) Virginia Beach,'VA 23462 At -Large Seat vote4smithones@aol.com July 1, 2000 - June 30, 2004 Mr. Michael W. Stewart District 3 - Rose Hall 498-4303 (home) JOS Brenrivood Court July 1, 2000 - December 31, 2008 44S-4637 (office) 98 (fax -office) Virginia Beach, VA 23452 mroserosehall(S)aol.com Mrs. Carolyn D. Weems At -Large 464-6674 (home) July 1, 1002 - December 31, 2010 363 8281 (fax) 1420 Claudia Drive carofyn4kidsC4lcpx.neY Virginia Beach, VA 23455 1/pRGINIA BEACH CITY PUBLIC SCHOOLS A M E 4 OF i 19 r 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 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 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. Item # 15 Virginia Beach City Public Schools Page 3 1 2 3 4 5 6 IN THE MATTER OF CLOSING, VACATING AND 7 DISCONTINUING THOSE CERTAIN UNIMPROVED 8 ALLEYS KNOWN AS PUBLIC ALLEYS OF BLOCK 9 135 AS SHOWN ON THAT CERTAIN PLAT 10 ENTITLED "EXHIBIT `C' SHOWING PUBLIC ALLEYS 11 OF BLOCK 135 TO BE CLOSED (M.B. 7, PG. 101) 12 VIRGINIA BEACH, VIRGINIA 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 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 GPIN: 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 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 and has used the 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. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 77 11, 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 September 11, 2008, the date 81 of final 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 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 -10179 V:\applications\cdylawprod\cycom33\W pdocs\W'S\P003\00035843.DOC R-3 August 23, 2007 AP Planning Dgpartment APPROVED AS TO LEGAL SUFFICIENCY: City Attorney 3 � u e ��S Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Charlene Wimbish. Property is located at 5614 and 5616 Paca Lane (GPINs 1468307856; 1468306983). DISTRICT 2 - KEMPSVILLE MEETING DATE: September 11, 2007 ■ Background: The applicant submitted an application for a Subdivision Variance to allow the subdivision of 2,837 square feet from the southeast comer of the site at 5614 Paca Lane for the purpose of giving it to the neighbor at 5616 Paca Lane. The resulting subdivision provides street frontage to 5616 Paca Lane, which currently has no legal access. Both sites have existing single-family homes. The Subdivision Variance was necessary due to the new lot at 5616 Paca Lane not meeting the minimum lot area requirement of 75 feet; the submitted plat showed 73.5 feet. ■ Considerations: Since the Planning Commission hearing on this request, a plat showing the minimum lot width requirement of 75 feet was approved by the Development Services Center of the Department of Planning. As a result, this Subdivision Variance is not necessary, and the applicant requests withdrawal of the application. ■ Recommendations: Allow withdrawal of the application for a Subdivision Variance. ■ Attachments: Location Map Recommended Action: Allow withdrawal as requested by applicant. Submitting Department/Agency: Planning Department °i f City Manager. S )Z-. �(Tfq t Page 1 of 1 Stephen J. White From: Leslie J. Bonilla Sent: Tuesday, August 28, 2007 9:00 AM To: Stephen J. White Subject: FW: Subdivision Variance Request Hi Stephen, Ms. Wimbish would like to withdraw her subdivision variance request scheduled to go to City Council on September 11, 2007. Apparently a revised subdivision plat was submitted to DSC and approved, therefore Ms Wimbish no longer required the variance. From: CHFR3029257@aol.com [mailto:CHFR]029257@aol.com] Sent: Tuesday, August 28, 2007 8:01 AM To: Leslie J. Bonilla Subject: Re: Subdivision Variance Request hi LBONILLA THIS CHARLENE WIMBISH I AM WRITING THIS LETTER TO LET YOU KNOW THAT I WOULD LIKE YOU TO REMOVE MY CASE FROM THE SUBDIVISION VARIACANE .AND WOULD LIKE A REFUND BACK IF YOU HAVE ANY QUESTION YOUMAY CALL ME AT 7573431683 THANK YOU CHARLENE WIMBISH Get a sneak peek of the all-new AOL.c- 8/28/2007 -64 - Item V -L 8. PLANNING ITEM #56700 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of September 11, 2007, an Ordinance upon application of JOANNE S. FERRELL AND EDITH JOHANNA SMITH for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF JOANNE S. FERRELL & EDITH JOHANNA SMITH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R -SD RESIDENTIAL DISTRICT TO CONDITIONAL B-2 COMMUNITY BUSINESS DISTRICT Ordinance upon application of Joanne S. Ferrell & Edith Johanna Smith for a Change of Zoning District Classification from R -SD Residential District to Conditional B-2 Community Business District on property located at 213 and 217 Louisa Avenue (GPINs 2407856101; 2407856107). DISTRICT 6—BEACH Voting: 10-0 (By Consent) Council Members Voting Aye: William R "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin August 14, 2007 IAMWWO .0 1+01.011ly«A Zoning Change Change from R 5D to B-2 i . .r. - :1 Ta APZ=1 Zoning Change Change from R 5D to B-2 S-� '7l 4�v�r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Joanne S. Ferrell & Edith Johanna Smith for a Change of Zoning District Classification from R-51) Residential District to Conditional B-2 Community Business District on property located at 213 and 217 Louisa Avenue (GPINs 2407856101; 2407856107). DISTRICT 6 — BEACH MEETING DATE: September 11, 2007 ■ Background: The applicant proposes to rezone the rear portion of three existing parcels zoned R -5D Residential to Conditional B-2 and to combine the rear portions with the adjacent parcel to the west, which fronts on First Colonial Road. On August 14, the City Council deferred this application to September 11 at the request of the applicant. The applicant requested the deferral to allow the applicant time to meet with the adjacent community to discuss the proposal in greater detail. ■ Considerations: Of the three lots, two have single-family dwellings; the other is vacant. The lots are all located within the Greater than 75 AICUZ and within Accident Potential Zone 1 (APZ-1). The existing dwellings fronting on Louisa Avenue will remain and will continue to be on what is now the front portion of these lots, which will remain residentially zoned. Only the rear of those lots, totaling 27,000 square feet, is proposed to be rezoned. The existing rear property lines of these lots will be vacated, and the rear portions of the lots will be incorporated into the existing parcels to the west, which front on First Colonial Road. The remaining property, where the single-family homes are located, will meet all City Zoning Ordinance requirements; each lot will have dimensions of 60 feet by 106.95 feet or approximately 6,400 square feet for each lot. The lot currently without a single- family house will remain vacant for now, as a new residential structure cannot be constructed on the lot since it is within the APZ-1. The property proposed for rezoning is entirely within the Greater than 75 AICUZ and, more significantly, entirely within the APZ-1. Recent amendments to the Zoning Ordinance pertaining to APZ-1 have been approved as a means of encouraging uses and structures in APZ-1 that are compatible with flight operations at NAS Oceana. The existing residential zoning on the property is contradictory to that goal. However, great care must be taken when considering discretionary actions, as the property is surrounded on three (3) sides by existing Ferrell & Smith Page 2 of 2 residential uses. Uses on B-2 property can coexist with residential neighbors as long as provisions are in place to protect the quality of life of the residents. Staff concluded the proposal represents a good re -use of the rear portions of these large residentially zoned properties located in the APZ-1. The proposed B- 2 rezoning line ends approximately 107 feet from Louisa Drive and will not encroach into the neighborhood. The proffers offer controls for the future development on the property. In addition, safeguards are in place through the Zoning Ordinance in the event that more intense uses are contemplated. There was opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 7-3-1 to deny the request. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommended approval. Planning Commission recommends denial. Submitting Department/Agency: Planning Department City Manager: -svj L'��6NV J JOANNE S. FERRELL & EDITH JOHANNA SMITH Agenda Item 16 July 11, 2007 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: - Change of Zoning District Classification from R -5D Residential District to Conditional B-2 Community Business District. ADDRESS / DESCRIPTION: Property located at 213 & 217 Louisa Avenue GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24078561010000 24078561070000 6 - BEACH 27,000 square feet The applicant proposes to rezone the rear portion of three SUMMARY OF REQUEST existing parcels zoned R -5D Residential to Conditional B-2 and to combine the rear portions with the adjacent parcel to the west, which fronts on First Colonial Road. Of the three lots, two have single-family dwellings; the other is vacant. The lots are all located within the Greater than 75 AICUZ and within Accident Potential Zone 1 (APZ-1). The existing dwellings will remain and will continue to be on what is now the front portion of these lots, which will remain residentially zoned. Only the rear of those lots, totaling 27,000 square feet, is proposed to be rezoned. The existing rear property lines of these lots will be vacated, and the rear portions of the lots will be incorporated into the existing parcels to the west. The remaining property, where the single-family homes are located, will meet all City zoning requirements; each lot will have dimensions of 60 feet by 106.95 feet or approximately 6,400 square feet for each lot. The lot currently without a single-family house will remain vacant for now, as a new residential structure cannot be constructed on the lot since it is within the APZ-1. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwellings and vacant parcel SURROUNDING LAND North: . Single-family dwelling / R -5D Residential District USE AND ZONING: South: . Single-family dwelling / R -5D Residential District East: 0 Louisa Avenue, single-family dwellings / R -5D Residential District West: . Auto sales / B-2 Community Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There do not appear CULTURAL FEATURES: to be any significant environmental or cultural features on the vacant, grassed portion of the site that is proposed for rezoning. AICUZ: The site is in an AICUZ of Greater than 75dB Ldn and within APZ-1 surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This section of First Colonial Road is slated for improvement as part of CIP 2-072. Construction is scheduled to begin in 2009. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic First Colonial 5,316 ADT 8,800 ADT (Level of Existing Land Use — 30 Road Service "C") — 12,500 ADT ADT ' (Level of Service "E") Proposed Land Use s - 240 Average Daily Trips 2 as defined by 3 residential lots 3 as defined by 1.4 acres of B-2 plus 3 dwellings WATER & SEWER: This site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. Comprehensive Plan: This property is located within the Primary Residential Area, just outside the boundary of Strategic Growth Area 7. The property is highly impacted by AICUZ, as it is within the Greater than 75 noise zone and within APZ-1. The application to rezone this property from R -5D to B-2 and then to subdivide a portion of lots 16, 17 and 18, Block 11, plat of Oceana Gardens is keeping with the Comprehensive Plan policies for this area. The Comprehensive Plan identifies the First Colonial Road corridor as an area that is considerably under developed. The plan recommends special attention to quality site and building design, including signs, to increase the overall attractiveness of this area. Evaluation: Staff considered several factors before the conclusion for a favorable recommendation summarized below. First, only the rear portions of these very deep lots are proposed for rezoning. Staff would not have recommended approval had the request proposed B-2 all the way to Louisa Avenue, as this would have been incompatible to the neighborhood. Currently, the lots are approximately 15,000 square feet, well above the minimum lot size of 5,000 square feet for the R -5D Residential District. The homes will remain and residential uses will continue on the property as permitted. Proposed lot 16A will remain vacant as required by the Zoning Ordinance for residential uses located in APZ-1. The resultant residential lots are each proposed with approximately 6,400 square feet. Second, the property proposed for rezoning is entirely within the Greater than 75 AICUZ and, more significantly, entirely within the APZ-1. Recent amendments to the Zoning Ordinance pertaining to APZ-1 have been approved as a means of encouraging uses and structures in APZ-1 that are compatible with flight operations at NAS Oceana. The existing residential zoning on the property is contradictory to that goal. However, great care must be taken when considering discretionary actions, as the property is surrounded on three (3) sides by existing residential uses. Uses on B-2 property can coexist with residential neighbors as long as provisions are in place to protect the quality of life of the residents. It should be noted that many uses that would be permitted by right under the B-2 zoning district are not permitted due to the presence of APZ-1. For example, retail uses such as apparel and furniture sales and eating and drinking establishments are not permitted in the APZ-1, nor are typical office uses. There are some specific uses that Section 1809 of the City Zoning Ordinance allows in both the B-2 and APZ-1 districts provided that the Planning Director concludes that any adverse impacts to surrounding residential or apartment uses are negated. There are uses that need a Conditional Use Permit prior to the adoption of the APZ-1 amendment. The ordinance now allows some of these uses provided that the characteristics of a proposal meet or exceed specific performance standards designed to ensure quality development and redevelopment higher than normal. Those standards include, but are not limited to, enhanced site and parking lot landscaping and buffering beyond minimum standards, low intensity lighting, limited hours of operation, narrow signage requirements, and superior building design and selection of exterior building materials. In addition, the Planning Director is required to contact all adjacent property owners to solicit input. This is important to note in this particular case as the proposed use of the property under consideration is not known. Finally, the access for ingress/egress would be through First Colonial Road and not Louisa Avenue. It would be very undesirable to have daily commercial traffic on this portion of Louisa Avenue. In sum, Staffs position is that the proposal represents a good re -use of the rear portions of these large residentially zoned properties located in the APZ-1. The proposed B-2 rezoning line ends approximately 107 feet from Louisa Drive and will not encroach into the neighborhood. The proffers offer controls for the future development on the property. In addition, safeguards are in place through the Zoning Ordinance in the event that more intense uses are contemplated. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The height of any building on the property shall not exceed 35 feet and the colors for the exterior of any building shall be predominately earth tone in color. PROFFER 2: There shall be a 15 foot building setback along the portion of the property that abuts R5D zoned property. A 6 foot privacy fence shall be installed along the common property line with Lot 19, Lot 12A and Lot 15. Such fence shall be solid and made of maintenance free material. Category 4 landscaping will be planted outside of this fence. PROFFER 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. A photometric plan depicting such lighting shall be submitted to the City of Virginia Beach Planning Department during final site plan review for review and approval as party of the site plan review process. PROFFER 4: The applicants shall resubdivide the property with regard to Lots 16, 17 and 18 as shown on Exhibit A for Rezoning dated January 11, 2007 entitled "Rezoning Exhibit for Parcel 9, 10, 11, 16, 17 and 18, Block 11, Oceana Gardens (MB 3, P 51) for Joanne S. Ferrell and Thomas S. Ferrell Family Trust" prepared by Kellam Gerwitz which has been exhibited to the City of Virginia Beach and is on file with the Planning Department. Resubdivided Lots 16A, 17A and 18A shall be restricted to single family use. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they ensure compatibility with the adjacent residential area of any future uses on the B-2 zoned portion of the site. The City Attorney's Office has reviewed the proffer agreement dated May 7, 2007, and found it to be legally sufficient and in acceptable legal form. 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. 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Ferrell and Edith Johanna Smith, for a Change of Zoning District Classification from R -5D Residential District to Conditional B-2 Community Business District, on property located at 213 and 217 Louisa Avenue, District 6, with five proffers. Barry Knight: Ma'am welcome. We will give you a few minutes to let the crowd clear out of here. We'll give you more of our attention. Mr. Weeden, don't start the clock yet. Welcome ma'am. Please state your name for the record. Leah Copeland: Good afternoon. My name is Leah Copeland. I'm an attorney for the applicants, the Ferrell Family. We're looking at a piece of property that is located between First Colonial and Louisa Avenue, right at the Oceana curve. What were looking to do is rezone a portion of the property from R -5D to B-2. This is a good view of the property. The applicants also own Lots 9, 10 & 11, which are zoned B-2. The portion that we are looking to rezone are the shaded portions of 18, 17 & 16. The entire lot 18, 17 & 16 are 15,000 square foot lots currently zoned residential; two of them have houses on them. Out applicants are simply looking to rezone the back portion of the property. They understand there are concerns in the Oceana Gardens community that there is encroachment as far as commercial property. However, this is an APZI zone, as well as a greater than 75 noise level zone, and there is very little that can be done with this property. Therefore, they have applied simply for the back portion of the lots to be rezoned conditional B-2. That would leave the front portions 18A, 17A & 16A, which you are looking at, as residential single-family, R-51), and those leave 6,400 square foot lots. The minimum square footage in R-513 is 5,000 square feet. So, they are still well above the square footage that is necessary for a residential residence. There is no plan at this point for what the use is to be. I will tell you that on Lots 9, 10 & 11, which are owned by the applicants, there is currently a car dealership. It is on a month to month lease. There is no long term lease there. There is an understanding, and this has been addressed. I believe there is concern from the community that the car lot will go back on to those new lots. They can't do that. There is a conditional zoning in effect if this is allowed to go through, where anything that is done with the property, it would have to come before you again, and the neighborhood would be allowed to comment. We're simply looking to rezone it at this point, then we can resubdivide the lots so that Lots 9, 10 & 11 would then include 18, 17 & 16 back portion. That is what we're looking to do. I'll be happy to answer any questions. Barry Knight: Are there any questions at this time? Leah Copeland: Thank you. Barry Knight: Thank you. Joseph Strange: Speaking in support of the application we have Jerry Howren. Jerry Howren: Good afternoon. Barry Knight: Welcome sir. Jerry Howren: My name is Jerry Howren. I live at 205 Louisa Avenue, which would be right there (pointing to PowerPoint). I spoke with Ms. Ferrell and her attorney. Personally, I would rather see the property stay as it is, but I know that it won't. It is going to change commercial. So, I would like to see an eight -foot fence all around the residential section of the property that would start between all the homes you see there, going all the way up to Lot 12A, an eight -foot fence with no entrances or exits going on to Louisa Avenue. Also, there is probably three old trees out there, two of them are oak trees, now that everybody is being of a green nature, those two oak trees are probably over 100 years old and a pine tree that is probably over 100 years. I would like to see those stay. They have also agreed to that; so, as far as I'm concerned, they agreed to the eight foot fence, no entrance, no exit to Louisa Avenue, save those old oak trees, and I have no problem with it, if they will meet those conditions. Barry Knight: Mr. Howren, looking here under proffer 2, it says that six-foot privacy fence. Jerry Howren: A six-foot wouldn't do my lot any good, because I'm sitting up on a three-foot crawl space; so, where my back porch is and my kitchen, I can just see right over it. I've had a problem dealing with that lot in past, the car lot there of trash and so forth. Like I said, I spoke with Ms. Ferrell earlier, and her attorney, and they both agreed to that. Barry Knight: We'll get her to readdress that when she comes back up. Jerry Howren: Okay. Barry Knight: Okay. Thank you. Are there any questions for Mr. Howren? Thank you sir. Jerry Howren: Alright. Thank you. Joseph Strange: Speaking in opposition we have Sam Reid. Barry Knight: Welcome Sam. Sam Reid: Hey. Good afternoon. A long afternoon for you all. My name is Sam Reid, and I live at 1533 Virginia Beach Boulevard. I'm the President of the Oceana Gardens Coalition Civic League. We had a civic league meeting and Ms. Ferrell came to the meeting. She addressed some of the folks, and after she left, we basically took an informal vote. There were only a couple of people that agreed to changing it over to commercial, and at this point, we were told there were no plans for the property, and that she "had not negotiated" with the car lot. So, my first question is why do they zone it at all if you have no plans for the property at this time? Why can't this be deferred or done later on? The next thing is that in the APZ I, a Conditional B-2, there are a certain number of things you can do in the APZ 1 with commercial property, such as furniture making, car lot, warehouse, light industry. That is about it. So, it has got to be one of those. The car lot is right next door to it. It is not a great jump to figure that out. If it is approved, we would like some kind of input into, at least, what is going to happen. Can you show the aerial view? If you look at that aerial view, there are quite a few things that are going. This gets out of the technical side of it and more into what Mr. Horsley was talking about with community and history of Virginia Beach. That neighborhood is 101 years old. I've talked to Jim Reeve and Steven Mansfield, who did the book on Princess Anne County, Virginia Beach, about getting historical status for that neighborhood. It is the oldest platted neighborhood in the city. If you look right up here, this is going to be Tidewater Pipe and Valve commercial property. He came before you, and he agreed to make it look more residential and everything. It has been a great experience. This property right down here is going to be owned by the City, and they have actually talked about this becoming some kind of a commercial outfit. The road is being widened up here and they are taking these properties over here. This is a daycare center, and I don't believe they have B-2 zoning or daycare zoning for that. Security Plumbing was right here, which was illegal, and they since had to close down and move out. This house right here was operated by lady running a newspaper company. So, my point is that on all sides, we moved into a neighborhood. My father-in-law has lived there since 1943, and you're in a community or in a neighborhood, and all of a sudden, you got factions from all different angles who want to push the commercial side in. I know that right now, Oceana Land Use Conformity Committee is looking to do an exchange program where they move some of the non -complying businesses, restaurants and so forth, out of the APZ 1 and move in the industrial type businesses. But from all angles, this little neighborhood has survived for 101 years. Ed Weeden: Your time is up. Sam Reid: Thank you. It is now at a point where from all different fashions, it is a little chunk here, a chunk there, to cut into the neighborhood. I know that this isn't a dollar and cents plea. It is a plea from a neighborhood that would like to stay a residential community and not have pieces taken out of it slowly. Barry Knight: Mr. Reid? You need to wrap it up sir. Sam Reid: I'll wrap it up. When you drive down Louisa Avenue and look back there and you see the extent of that yard, and the trees and so forth back there, that is part of the community when you see that and understand. Have any of you been through there? Barry Knight: Are there any questions of Mr. Reid? Thank you. Sam Reid: Thank you. Joseph Strange: The speaker in opposition is Mark DiSilvestro. Barry Knight: Welcome sir. Mark DiSilvestro: Good afternoon ladies and gentlemen. My name is Mark DiSilvestro, and I own the property at 221 Louisa Avenue, which is right at the north end of the area that is in question, as far as being rezoned. And, I have over 100 feet of backyard here, which butts against this other automotive business here. I appreciate having this much distance between the house and the automotive business. I feel that any expansion to the commercial in this area is going to bring all of this commercial much closer to the residential area. There was also reference made to the fence, and there is six-foot high fence back there right now. Portions of the fence, and I don't know who is responsible for maintaining the fence, but portions of the fence have completely collapsed, and other portions of the fence have been replaced but attached to old fence posts. So, they're rotten and the new portions are leaning precariously. So, there has been a lack of maintenance on the existing fence between the automotive businesses and the residential, and I've had reports of unauthorized pedestrian traffic, people taking short cuts through yards and whatnot. So, I have some concerns. And, also you have an area with grass and trees, and if it is rezoned as a commercial or a business, I expect since there are a limited amount of uses because of the APZ classification, it is probably going to be some kind of automotive business. Are we going to replace the grassy areas and trees with more pavement, concrete and asphalt? And finally, because it is an APZ classification, that impacts the value of my property. If I have a car business that is now 100 feet closer to my property. Is that going to have a further impact on my property value? That is why I object to this rezoning request. Barry Knight: Thank you. Are there any questions for Mr. DiSilvestro? Thank you sir. Mark DiSilvestro: Thank you. Joseph Strange: The next speaker in opposition is David H. Hauscom. David Hauscom: Good afternoon ladies and gentlemen. Barry Knight: Take your time sir. David Hauscom: My name is David Hauscom. I live 1654 Indiana Avenue. That would be right in here (pointing to PowerPoint). Where do I begin? I got sympathies to many people in this particular issue. There are a lot of trees back in here. I don't want to see any of those trees gone, especially the large ones that are 15 to 25 feet. When this car business began, we agreed to have an eight -foot fence. Lately, they have maintained it, but for a long time they didn't maintain it properly. The reason I wanted the fence was because I could see, and being the corner property, vandalism would be ramped. There has been a lot of police calls out there. There are a lot of people cutting through just to get through here. In fact, the vacant lot coming across here, starting on Louisa, that is where the police apprehended somebody who burglarized that business. This is why security is my major concern about this entire project. I would like to see a fence too, an eight -foot fence. Personally, would like to see it solid and wired so no one goes through that fence. I would also like to see some lighting out there so nobody can move out there and would not want to be shadows. This property is about a foot higher and paved from the other properties. I have a real problem with drainage backing up when it rains in my yard. It is a foregoing conclusion from what you heard here that this property is .fice Park, which was just recently developed, they have a drainage pond back there, and also barbed wire and it is very close to the neighborhood behind it, which is West Oceana Gardens. I really, to be honest with you, kind of resent the fact, that nobody has tried to talk to me about this at all. The Planning Department and the folks in the Planning Department were very nice about it, in fact, but I haven't had any communication with Ms. Ferrell, none whatsoever. By the way, I had some photographs that I have taken that illustrate things. For instance, this shows the drainage pond across the street, which will probably be a good model if you're going to do something like this, and this photograph also shows a rain to that mark at one -foot intervals, and a level which shows exactly high how that property really is. But I intended to agree with Mark and Mr. Reid about this. I really would like to have a lot more communication with my neighbors on what they want to do with things. Barry Knight: Thank you sir. Joseph Strange: That concludes the speakers. Barry Knight: You're welcome to come back up ma'am. Welcome back, and please identify yourself again for the record. Leah Copeland: Thank you. Again, my name is Leah Copeland, attorney for the applicants. I think a number of our proffers address some of the issues that were brought up by parties. Each of them addressed fencing. In the proffers currently, we do have that the six-foot fence of the maintenance -free material, which would essentially be vinyl and solid all the way through will be put up. I talked with my client and she said that an eight -foot fence, she would not have any objection to; so, between now and Council, I think we can change our proffers to reflect an eight -foot fence to work that out between the neighbors. Mr. Howren, who was the first to speak, also addressed ingress/egress, which I failed to address. There would be no egress/ingress from Louisa Avenue. All would be through First Colonial Road. And the understanding of this application is there is no commercial traffic on Louisa Avenue. In regards to the old trees, again my client, at this point, had no problem with that. Again, any proposed uses are going to have to come before you again, and again they are going to have the opportunity to object to them. Mr. Reid asked why we need the rezoning now that we don't have a proposed use. Frankly, at this time it is difficult to find somebody to come in and use the property if they know we got to go through this entire process. If we can go ahead and have it rezoned and ready to go, then potentially we can have a tenant in there that would be able to use the whole property. And again, we would come before you for their uses but we wouldn't have to go through rezoning and then for use. That is why we're doing it now. Again, we are just asking for the back portion of the property. We do understand the neighborhood component of this, and that is why we are not seeking the full lot size. We're leaving the houses. We're leaving 6,400 square foot lots along Louisa Avenue, which will keep the neighborhood appeal. We're just looking for the back portion of the property. Mr. DiSilvestro again addressed the fence. We have spoken with the current tenants. I understand that when you drove by, there were some concerns, and the fence has been replaced. And, again these are addressed in our proffers. Also, landscaping is addressed in our proffers. He had addressed that. He liked the trees in the backyard and so and so forth. We will have landscaping beyond the fence. Finally, Mr. Hauscom asked about lighting. Again, lighting is addressed in the proffers. There will be adequate lighting. However, it is lighting that will not reflect on to the neighbors. I believe we have addressed all issues that the neighbors are concerned with. Again, we will speak with them between now and Council regarding the eight foot fence and see what we can't come up with, but I do think this is ready to go. Barry Knight: Thank you. Are there any questions? Thank you ma'am. Leah Copeland: Thank you. Barry Knight: I'll open it up for discussion. Mr. Henley. Al Henley: Jack, is First Colonial Road slated for widening? Jack Whitney: In the Master Street and Highway plan, it may be. In the Capital Improvement Project, I don't believe we have an actual project funded. Al Henley: So if it is, it is way down the road? Jack Whitney: Yes it is. Barry Knight: Is there any other discussion? Donald Horsley: Barry? Barry Knight: Yes sir. Donald Horsley: I will sponsor this gentleman. Barry Knight: Okay. Mr. Reid, come back to the microphone. Please identify yourself again please. Sam Reid: Sam Reid, Oceana Gardens Civic League President. The widening of First Colonial Road, the City's already bought the Red Baron, the Double L and some other properties right along in here. The Double L is over here. There is a little barbershop there and some other right here. So, the widening for Oceana Boulevard, and the way I understand it is supposed to come through. This is an auto parts repair place, Donovan's Auto Center, so it is supposed to come through here. I'm not sure if it is taking any of the land that is part of Ms. Ferrell's and the car lot. But I do know that it is supposed to come up through here. This right here is the Red Baron. This is another car lot. All of these are supposed to be bought. This one has already been bought. The Double L on this corner over here is in the process of being bought up. And the Wawa gas station is right here right now. This is an old photo. But the project is in swing. They are buying the property and they are using the 15 million dollars for the Oceana Land Use Conformity to do that with because it is all considered one deal. Donald Horsley: Thank you. Jack Whitney: Mr. Chairman? Barry Knight: Mr. Whitney. Jack Whitney: I want to address it. There are some improvements to First Colonial Road planned to begin in 2009. A lot of these property acquisitions have to do with acquisition of uses in the APZI area. But there are some improvements to First Colonial Road slated to begin construction in 2009. Barry Knight: Thank you. Is there any discussion from the Commission? It looks like we have a situation here where these are large lots, and the residents would like to keep the large lots. It has been open space and they want to keep it as open space. They don't want to see it developed is what I see. Of course, then we have to weigh the issues of the property owners. You can put any houses. They can't subdivide and put any houses. They are very limited to what they can do. So, it looks like we have a question before us is to whether to approve this to a higher use or leave it the way it is. Mr. Henley? Al Henley: I guess I would be not a very good Commissioner if I voted for this. I just voted against my neighborhood by saying that I didn't want additional change. I know that this is a very, very old neighborhood. I've had some friends that are no longer here with us, and they resided in that neighborhood. That is a historical neighborhood. And, if I was residing in that neighborhood, I would love to see no changes to that and remain those backyards. I know there have been other areas. The newer neighborhoods in the City of Virginia Beach where you have large lots and they have come in before us to build additional homes and make those lots smaller, Trentwood was one, Thalia Gardens was another one, and so forth. I think anytime like that when we begin to chip away, not only on historical neighborhoods but also our existing neighborhoods then your changing the entire culture, if you would, if you would of those neighborhoods, by reducing the lots to a smaller size. I realize we have additional people that are moving in our lovely City, and we're going to need additional spaces to live, but I just cannot see how I can support this particular application because of the neighborhood. I have to decide with the residents that came before us today; so, I will not be able to support this application. Barry Knight: Thank you. Mr. Horsley. Donald Horsley: Thank you. I'm going to side with Al on this, because, and my reason is we've got a pretty large rectangular property there. It looks like we're just cutting out one little parcel that we may not have a use for but there is a use somewhere. Pretty quick it is going to be put there. It just looks like to me that we're just cutting out a little chunk. I would prefer that if we got a plan for that area, we have to keep as large a tract together as possible. I don't think we should jump into a residential area and just carve out a little piece of B-2 property and rezone it B-2. If you look on the map on Page 8, you can see that is just cutting out a little piece to join this front piece. That is what it looks like to me. I think there isn't a use now, but I think that someone may have. But I prefer to keep that larger piece together. If it is going to be redeveloped just develop it as a large piece. Barry Knight: Thank you Mr. Horsley. Are there any other questions or comments? The Chair will entertain a motion. Al Henley: I make a motion to deny. Barry Knight: A motion to deny? Do I have a second? Okay. There is a motion on the floor to deny item 16. The motion made by Al Henley and a second by Don Horsley. A YEA vote will be a motion to deny. Ms. Anderson? Janice Anderson: Yes. I need to abstain. My firm is working on this application. Barry Knight: Thank you. Is there any other discussion? Mr. Bernas. Jay Bernas: I think I may side with Commissioners Horsley and Henley. I think the underlying concern that the residents have is the unknown. I understand the applicant's position that they want to get it rezoned, and then market it that way. But I think the underlying issues are the unknown, and what is going to go there. So, I'm not going to be in favor of the application. I rather see it together as a rezoning and a Conditional Use Permit just because of the unknown. I think that is some of their underlying concerns are what is going to go there? Is it going to be compatible from the residential nature? Barry Knight: Thank you Mr. Bernas. Is there any other discussion? There is a motion on the floor to deny. I'll call for the question. Ed Weeden: By a vote 7-3, with the abstention so noted, the application of Joanne S. Ferrell and Edith Johanna Smith has been denied. AYE 7 NAY 3 ABS 1 ABSENT 0 ANDERSON ABS BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS NAY REDMOND NAY STRANGE NAY WOOD AYE Ed Weeden: By a vote 7-3, with the abstention so noted, the application of Joanne S. Ferrell and Edith Johanna Smith has been denied. o -s lb Op OUR NAt��NS In Reply Refer To Our File No. DF -6532 TO: Leslie L. Lilley L FROM: B. Kay Wilso� p CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: August 3, 2007 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Ferrell, Joanne S. & Smith, Edith Joanne S. The above -referenced conditional zoning application is scheduled to be heard by the City Council on August 14, 2007. 1 have reviewed the subject proffer agreement, dated May 7, 2007 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/als Enclosure cc: Kathleen Hassen KELLAM, PICKRELL, COX & TAYLOE A PROFE55IONAL CORPORATION ATTORNEYS AT LAW NORFOLK, VA. FILE NO. Joanne S. Ferrell and Edith Johanna Ferrell Smith, Successor Trustee under the Thomas S. Ferrell, Jr. Family Trust TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 7th day of May, 2007 by and between JOANNE S. FERRELL and EDITH JOHANNA FERRELL SMITH, Successor Trustee under the Thomas S. Ferrell, Jr. Family Trust, GRANTORS, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE. WITNESSETH: WHEREAS, the Grantors are the owners of certain parcels of land located in the Beach District of the City of Virginia Beach, formerly known as Lots 16, 17 and 18 in Block 11, Oceana Gardens, Map Book 3, Page 51, and as more particularly described in Exhibit A prepared by Kellam Gerwitz which is attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Grantors' parcels are zoned R5D, Residential District, are located in an AICUZ Zone of greater than 75dB Ldn and lie within Accident Potential Zone 1; and WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of a portion of Lots 16, 17 and 18, Block 11, Oceana Gardens, Map Book 3, Page 51 as described in Exhibit B from R51), Residential District to Conditional B2, Business District; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at GPIN: 2407-85-6101-0000 2407-85-6107-0000 KELLAM, PICKRELL, COX & TAYLOE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW NORFOLK, VA. FILE NO. the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-2 Business District and Accident Potential Zone 1 areas by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property being recorded to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or Quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property being rezoned and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 2 KELLAM, PICKRELL, COX & TAYLOE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW NORFOLK, VA. FILE NO. 1. The height of any building on the property shall not exceed 35 feet and the colors for the exterior of any building shall be predominantly earth tone in color. 2. There shall be a 15 foot building setback along the portion of the property which abuts R513 zoned property. A 6 foot privacy fence shall be installed along the common property line with Lot 19, Lot 12A and Lot 15. Such fence shall be solid and made of maintenance -free material and shall otherwise comply with the City Zoning Ordinance. Category 4 landscaping will be planted outside of this fence. 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. A photometric plan depicting such lighting shall be submitted to the City of Virginia Beach Planning Department during final site plan review for review and approval as part of the site plan review process. 4. The applicants shall resubdivide the property with regard to Lots 16, 17 and 18 as shown on Exhibit A for Rezoning dated January 11, 2007 entitled "Rezoning Exhibit for Parcel 9, 10, 11, 16, 17 and 18, Block 11, Oceana Gardens (MB 3, P 51) for Joanne S. Ferrell and Thomas S. Ferrell Family Trust" prepared by Kellam Gerwitz which has been exhibited to the City of Virginia Beach and is on file with the Planning Department. Resubdivided Lots 16A, 17A and 18A shall be restricted to single family use. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is apart of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended or varied by 3 KELLAM, PICKRELL, COX & TAYLOE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW NORFOLK, VA. FILE NO. written instrument record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of thee Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee, which was advertised pursuant to the provisions of Section 15.2-2004 of the Code of Virginia, 1050, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions 2 KELLAM, PICKRELL, COX & TAYLOE A PROFE551ONAL CORPORATION ATTORNEYS AT LAW NORFOLK, VA. FILE NO. may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. WITNESS the following signature and seal: Grantors: Joanpne S. Ferrel? Edith Johanna Ferrell Smith, Successor Trustee under the Thomas S. Ferrell, Jr. Family Trust STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged bre me this day of 2007, by Joanne S. Ferrell. ; c Notary Public My commission expires: 0113 1 /�00 q STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this Std day of l«.5� 2007, by Edith Johanna Ferrell Smith, Successor T-rustee under the Thomas S. Ferrell, Jr. Family Trust. ,f %1. / / � . / ti%� Notary Public My commission expires: (' Bi aUGe DOCIPLANNING \PROFFER AGREEMENT �1 21 Qa uj oN a�Lj � w OUg Y o- V)i � J r7] ��3nNIAV (MM 'ot') Co vsinol Lij Q 1U') Q �� O ; 00 00 OI OI 1 N r- ^I QI Li , W' 0 L W I O W, Z N l0 O 1 r- 01t W Li 'Nl Ql m 'o rn —! 0 3: Lr) 0 I� J NI OI F— OI O r- I ave q 011 O t ��c0 a0 O 1 00, = i �_ I W Z I �0�00 N 0 1 1 , u N ' i>' 60.00' I 60.00' , 60.00' 1 \ \ \ .S 00'25 32" E 180;00' V) t \ \3NIl ONINOZ ONV 3NIl Aid3d06d 03SIn38 �\ LLJ rn N \\ \\\ \ \ \I \\\ \ \ \ \ w a r1oQ t \\ \ \\ .w� \ \\ \ \ w�a'I 0 co 04 z 00 qiy m N N \\�\\\\�\•ZI \\\\�\\\\Z i <D001Q u) v Lo a \\ \ \\ \ \ \\ \ \\ \ \ \\ \ \1r F—o°0w W�\ \\\\�\ \\ \ \\\\ \ \ \\ \ \\\lo po \\ \\\ \ \ \\ \\\\♦ \ \\ \\�co O NN o, \ \ \ \ \Ow l I \ \ OS d 9(N�IN\OZ iN386no\6— cO 00 I Z-8 ONINOZ iN7l?j8 o zl a l i 1 M ul t— — II < I Q o-- U Z z } I m I o F- I ~ o i aQ ' z M � oM I I a I I rN- a j� m LLJ CL p (N t I O 1 r, 1 2 r N �O Z tY�Otj m I I I I Qo�pN O I W _I ~ p p Z t I l U,1 1 m C N O tnO C" p N Z O N N � N z 1 i w = I o Q I I I P� "o N -1 Go�-�� �Nl ow-) _ p M O0CN co 01. l, 11 �NtOW� �tnN Jd 8 J N < Q z z Y m J > o = Co FE w pj a- � 0 w O Z �m � w Li Zd' r• �� m cn U- LA LOC) 0 N LU "o Z� W O N z 0 o z r• C::f Q ^^'' F Q r- U Z J T_ W o �Z w < J J Lf Q LL M Lu U W vi C z a' < c QCl- J " O O O W W LL. o p ly N u Z 0 r- 0 N EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain, lot, piece or parcel of land together with improvement thereon and appurtenances thereto belonging, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as that portion of Lots 16, 17 and 18 to be rezoned B2 as shown on that certain plat entitled "Preliminary Rezoning Exhibit for Parcel 9, 10, 11, 16, 17 & 18; Blk 11, Oceana Gardens (MB. 3, PG. 51) for Joanne S. Ferrell & Thomas S. Ferrell, Jr. Family Trust, Virginia Beach, Virginia" which said plat is attached hereto. DOC/PLANNING/FERRELL TRUST LEGAL Map Not to Scale Koftan Beverai, VO AN, CUP for Auto Repair CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Hoffman Beverage Co., Inc. for a Conditional Use Permit for automotive repair on property located at 5464 Greenwich Road (GPIN 1467347278). DISTRICT 2 — KEMPSVILLE MEETING DATE: September 11, 2007 ■ Background: The applicant requests a Conditional Use Permit to allow motor vehicle repair on site. The applicant currently maintains its fleet of trucks and light vehicles through a motor vehicle facility located on the property. The applicant now desires to repair not only the applicant's vehicles but also vehicles from other companies that provide services to the applicant and to vehicles owned by its employees. The intent is not to service vehicles from the general public. To begin offering this proposed service, the applicant needs a Conditional Use Permit since the repairs will be to vehicles not directly associated with the business. ■ Considerations: Strategic Growth Area 3 (Newtown Area) comprises a mixture of office and light industrial uses of varying qualities. The number of existing undeveloped and underdeveloped properties found in the surrounding area can accommodate a mixture of mid to high-rise residential and office uses, as well as lower -intensity light industrial and other nonresidential land uses. The applicant's expansion of the current vehicle repair beyond its existing fleet to include vehicles owned by employees and vehicles of companies that do business with the Hoffman Beverage Company is acceptable. There will be no changes to the site or building, and the additional activity will not have any negative impacts on surrounding uses. The conditions below are designed to ensure that this use will not be detrimental to the surrounding properties and that this use will not negatively impact the aesthetics of this site. The Planning Commission placed this item on the consent agenda because the repair activity is not intended for the general public, the expansion of service will not result in any change to the building or site layout, and there was no opposition. Hoffman Beverage Company, Inc. Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. The motor vehicle repair operation shall not be open to the general public. 2. There shall be no tires for sale, merchandise, or parts displayed or stored outside the building. 3. All vehicle repairs shall take place inside the building. 4. There shall be no outside storage of equipment, parts, or materials. 5. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. ■ 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: HOFFMAN BEVERAGE COMPANY, INC Agenda Item 12 August 8, 2007 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Conditional Use Permit for automobile repair ADDRESS / DESCRIPTION: 5464 Greenwich Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14673472780000 2 - KEMPSVILLE 7.37 acres The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST motor vehicle repair on site. The applicant currently maintains its fleet of trucks and light vehicles. The applicant now desires to repair not only the applicant's vehicles but also vehicles from other companies that provide services to the applicant and to its employees. The intent is not to service vehicles from the general public. No changes to the existing buildings are proposed or required. To begin offering this proposed service, the applicant needs a Conditional Use Permit since the repairs will be to vehicles not directly associated with the business. There will be ten parking spaces dedicated to this use. All vehicles will be inside a gated, locked compound that is not visible from Greenwich Road. There will be no changes to the building. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Warehouse and distribution center SURROUNDING LAND North: . Stormwater management facility/ 1-1 Light Industrial District USE AND ZONING: South: . Railroad tracks, apartments / PD -1-12 District East: . Office / 1-1 Light Industrial District West: . Electrical substation / 1-1 Light Industrial District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. As the site is almost HOFFMAN BEVERAGE Agenda Item 12 Page 1 CULTURAL FEATURES: entirely developed and impervious, there are no significant environmental or cultural features on the site. 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)• Greenwich Road is considered a two (2) lane undivided collector street. A CIP project is planned for Greenwich Road that involves intersection improvements at Witchduck and Newtown Roads. This project is on the CIP's "Requested but Not Funded" project listing. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Greenwich Road 6,969 ADT 3,700 ADT (Level of Existing Land Use — Service "C") —11,200 ADT 422 ADT (Level of Service "E") Proposed Land Use 3- 462 ADT Average Daily Trips s as defined by warehousing for entire site Sas defined by warehouse plus a typical motor vehicle repair facility WATER & SEWER: This site is already connected to both City water and sewer. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: Strategic Growth Area 3 (Newtown Area) is identified as one of the principal gateways into the City of Virginia Beach. The general area comprises a mixture of office and light industrial uses of varying qualities. The number of existing undeveloped and underdeveloped properties found in the surrounding area can accommodate a mixture of mid to high-rise residential and office uses, as well as lower -intensity light industrial and other nonresidential land uses. Evaluation: The applicant's expansion of the current vehicle repair beyond its existing fleet to include vehicles owned by employees and vehicles of companies that do business with the Hoffman Beverage Company is acceptable and is recommended for approval. There will be no changes to the site of building, and the additional activity will not have any negative impacts on surrounding uses. The conditions below are HOFFMAN BEVERAGE Agenda Item 12 Page 2 designed to ensure that this use will not be detrimental to the surrounding properties and that this use will not negatively impact the aesthetics of this site. CONDITIONS 1. The motor vehicle repair operation shall not be open to the general public. 2. There shall be no tires for sale, merchandise, or parts displayed or stored outside the building. 3. All vehicle repair shall take place inside the building. 4. There shall be no outside storage of equipment, parts, or materials. 5. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 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. HOFFMAN BEVERAGE Agenda Item 12 Page 3 PHOTOGRAPH OF EXISTING FACILITY HOFFMAN BEVERAGE Agenda Item 12 Page 5 tk W-1 70!0 0i �� r-jOF��� � 0 j 1 03/11/03 Change of Zoning (1-1 to 0-1) CUP church Granted Granted 2 04/28/98 Street Closure Granted 3 11/25/97 CUP communication tower Granted 4 05/29/90 CUP expansion of substation Granted ZONING HISTORY HOFFMAN BEVERAGE Agenda Item 12 Page 6 Z LLIi LJ LQ r (h wM LL 0 J U U) l NOIZVJITddd EMU aSa IVNOIIIGN03 r Z W W Q F - (n NW LL N 0 J U _ ti muga o`= ncU y N G� L A N O ? U W O g= A N OCDd? ^`� o,.E N C c C 0 U=off I wm y c_�nwc,c cc D N= R C? v T N T p c = R R 6 R LLJ> J 2 _ r NOIZVJITddd EMU aSa IVNOIIIGN03 r Z W W Q F - (n NW LL N 0 J U DISCLOSURE STATEMENT HOFFMAN BEVERAGE Agenda Item 12 Page 7 Lu cc LLJ> J 2 _ r CL _ J _ 1 DISCLOSURE STATEMENT HOFFMAN BEVERAGE Agenda Item 12 Page 7 Item #12 Hoffman Beverage Co., Inc. Conditional Use Permit 5464 Greenwich Road District 2 Kempsville August 8, 2007 CONSENT Barry Knight: The next item slated for consent is agenda item 12, Hoffman Beverage Co., Inc. An application of Hoffman Beverage Co., Inc. for a Conditional Use Permit for automotive repair on property located at 5464 Greenwich Road, District 2, Kempsville. Do we have someone representing Hoffman Beverage Company today? Okay. This has five conditions on it. Mr. Livas if you would explain this to us? Henry Livas: The request is for a Conditional Use Permit for automobile repair. The applicant currently maintains its fleet of trucks at the site at 5464 Greenwich Road. However, they want to expand this repair operation to include their employee's vehicles and also vehicles of some of their subcontractors. These are contractors that do business with them. Subsequently, the applicant needs a Conditional Use Permit since they plan on expanding their vehicle repair operation. There is no intent to service vehicles from the general public. No existing changes to the buildings are envisioned also. Therefore, we request approval of this Conditional Use Permit. Barry Knight: Thank you Mr. Livas. The Chair will entertain a motion. Joseph Strange: I make a motion Mr. Chairman that we consent item 12, Hoffman Beverage Co., District 2, Kempsville with five conditions. Barry Knight: Thank you. A motion made by Joe Strange and seconded by Dot Wood for approval of the consent agenda item 12. Do I hear any discussion? I'll call for the question. Ed Weeden: By a vote of 9-0, the Board has approved item 12 for consent. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON ABSENT BERNAS ABSENT CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 9-0, the Board has approved item 12 for consent. ♦ I I map Not to sco2e PPB, LLCI 00 �� fft lit �►� ♦ � ����s!'' j, '�" � CiJi' far Nfulti-Family dwellings CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of PPB, L.L.C. for a Conditional Use Permit for multi -family dwellings on property located at 3228 Page Avenue and 2300-2308 Poseidon Court (GPINs 1489899756; 1489990756). DISTRICT 5 — LYNNHAVEN MEETING DATE: September 11, 2007 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site for multi -family dwellings. The applicant plans to develop twelve (12) units on 1.975 acres, which equates to six (6) units to the acre. ■ Considerations: A three -unit condominium, garage, and pool currently exist on the eastern portion of the site, and will remain in that location. Three groups of four townhome-style dwelling units will be located on the remaining portion of the site, arranged in an L -shape. The buildings are shown on the submitted site plan 30 -feet from the front property line, eight -feet from the western property line, and 15 -feet from the eastern property line. Each unit has three (3) exterior parking spaces and two (2) spaces within the garage. Eleven (11) additional parking spaces are depicted on the eastern side of the site, and one (1) parking space, and a stormwater management facility is depicted at the front of the site. Two (2) six-foot wide elevated walkways to the beach are depicted on the eastern and western sides of the site. The proposed new development will share the existing swimming pool located on the parcel to the east. The submitted elevations exhibit many of the recommendations of the Shore Drive Corridor Design Guidelines. The pitched roofs are a mix of standing -seam metal and architectural grade shingles. The exterior is a mix of stone veneer, vinyl lap siding, vinyl board and batten siding, and "fish scale" siding on several of the gables. Bay windows and windows covered with shed roofs provide visual interest to the buildings. The entryways are stone porches covered with standing - seam metal roofs, and the garages have carriage style doors. The proposed 12 -unit multi -family project is consistent with the Comprehensive Plan recommendations for the area. The Comprehensive Plan Map identifies this area as the Bayfront Planning Area within the Primary Residential Area. The Comprehensive Plan land use policies for the Bayfront Planning Area support residential proposals that reflect, restore, and enhance the area's unique PPB, L.L.C. Page 2 of 3 character as a beachfront residential community. Similar land use planning and development objectives stated in the Shore Drive Corridor Plan to be achieved for this community includes minimized impacts to natural resources both on and offsite, minimized stormwater runoff, minimized traffic impacts, and enhanced community aesthetics, quality of life, and economic vitality. This development proposal offers the necessary provisions to ensure these objectives will be achieved. The applicant is providing a stormwater management system that will be both functional and aesthetically pleasing, thereby minimizing impacts to the natural resources. The proposal provides for on-site parking that exceeds the minimum required by two-thirds, thus minimizing traffic and parking concerns. The project is similar in use, design quality and character as the other condominium developments that have been considered in recent years in the nearby area. The proposed project is one quarter of the permitted density for a site with land area of 30,000 square feet to 4 acres. The applicant has followed the Shore Drive Corridor Design Guidelines with regard to building design and building materials. There was opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. The development of the site shall substantially conform to the submitted "C.U.P. (Conditional Use Permit) Exhibit" entitled "Poseidon Beach Condominium", dated May 30, 2007, and prepared by Gallup Surveyors and Engineers, LTD, except for the following items: a. The proposed six-foot wide walkway on the west side of the site shall continue along the side of proposed Unit 1 to the parking area. b. The twelve guest parking spaces shall be constructed with pavers or other appropriate material designed to reduce impervious cover on the site. c. Proposed landscaping on the site shall comply with the Shore Drive Corridor Plan Appendices Landscaping Guidelines. 2. The proposed buildings shall be constructed substantially in accordance with the submitted elevations entitled "Poseidon Beach", pages 4 and 5, dated April 23, 2007, and prepared by JRML Associates, Inc. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. The building colors are limited to earth tone palettes; building trim should complement the color of the main body. 3. The applicant volunteers to make a donation to the City's Tree Restoration — Shore Drive Area Trust Fund in the amount of $5,000 to offset the loss of live oak (Quercus Virginia) trees on the property to be developed. The applicant PPB, L.L.C. Page 3 of 3 volunteers such donation in addition to an offer to transplant live oak tree seedlings on the property and (2) the applicant's plans, which indicate the planting of 14 live oak trees on the property. ■ 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: PPB, L.L.C. Agenda Item 7 August 8, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for multi -family dwellings ADDRESS / DESCRIPTION: 3228 Page Avenue and 2300-2308 Poseidon Court GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14898997560000 5 - LYNNHAVEN 2.867 acres (1.975 acres and .892 acre) 14899907560000 The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST development of the site for multi -family dwellings. The applicant plans to develop twelve (12) units on 1.975 acres, which equates to six (6) units to the acre. A three -unit condominium, garage, and pool currently exist on the eastern portion of the site, and will remain in place. Three groups of four townhome-style dwelling units will be located on the remaining portion of the site, arranged in an L -shape. The buildings are situated 30 -feet from the front property line, eight -feet from the western property line, and 15 -feet from the eastern property line. Each unit has three (3) exterior parking spaces and two (2) spaces within the garage. Eleven (11) additional parking spaces are depicted on the eastern side of the site, and one (1) parking space, and a stormwater management facility is depicted at the front of the site. Two (2) six-foot wide elevated walkways to the beach are depicted on the eastern and western sides of the site. The proposed new development will share the existing swimming pool located on the parcel to the east. The submitted elevations exhibit many of the recommendations of the Shore Drive Corridor Design Guidelines. The pitched roofs are a mix of standing -seam metal and architectural grade shingles. The exterior is a mix of stone veneer, vinyl lap siding, vinyl board and batten siding, and "fish scale" siding on several of the gables. Bay windows and windows covered with shed roofs provide visual interest to the buildings. The entryways are stone porches covered with standing -seam metal roofs, and the garages have carriage style doors. LAND USE AND ZONING INFORMATION PPB, L.L.C. Agenda Item 7 Page 1 EXISTING LAND USE: A single-family dwelling and several accessory structures occupy 3228 Page Avenue. A three -unit condominium occupies 2300-2308 Poseidon Court. SURROUNDING LAND North: . Chesapeake Bay USE AND ZONING: South: . Page Avenue Across Page Avenue are multi -family dwellings / B4 (SD) Mixed Use (Shore Drive Corridor Overlay) East: . Multi -family dwellings / B-4 (SD) Mixed Use (Shore Drive Corridor Overlay) West: . Multi -family dwellings / B4 (SD) Mixed Use (Shore Drive Corridor Overlay) NATURAL RESOURCE AND The site contains one of the last single-family dwellings existing on Page CULTURAL FEATURES: Avenue. The dwelling was constructed in 1950 on the southern portion of the lot. Several accessory structures were added through the years. The coastal primary sand dune still exists along the northern portion of the site, and there are several mature live oak trees 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): Shore Drive is a four -lane divided major arterial roadway. The Master Transportation Plan Map identifies this section of Shore Drive for future improvements on a 150 -foot right-of-way. Improvements to this section of Shore Drive are planned with the Shore Drive corridor improvements — Phase III, CIP 2-117. Page Avenue is a residential street off of Shore Drive. The proposed use is expected to generate less traffic than many of the other uses allowed in the B-4 Mixed Use District. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Shore Drive 41,700 ADT 38,700 ADT Existing Land Use — 1,374 ADT Proposed Land Use 3— 70 ADT - Average Daily i,ips 2 as defined by B-4 Mixed Use zoning with a trip generation of 696 vehicles per acre Sas defined by 12 residential condominiums WATER: This site must connect to City water. There is a six-inch City water main in Page Avenue fronting this site. SEWER: This site must connect to City sanitary sewer. Pump Station #200, the receiving pump for this site, PPB, L.L.C. Agenda Item 7 Page 2 has capacity issues and may require system modification. As such, full engineering hydraulic analysis of Pump Station #200 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is a 15 -inch City gravity sanitary sewer main in Page Avenue fronting the site. STORMWATER: The proposed project must develop a stormwater management plan for water quantity and quality in accordance with the Public Works Specifications and Standards. Most of the existing storm drain systems located within the Shore Drive and Page Avenue drainage watershed are not designed for the adjacent private properties to be developed with high impervious percentages. This development will need to provide an adequately sized pond or detention facility (BMP) to detain the additional stormwater runoff that will occur with the proposed development of the property. Approval of this Use Permit does not imply approval of any stormwater management facilities shown on the submitted plans. Additional analysis will be required. SCHOOLS: School Current Enrollment Capacity Generation Change 2 John B. Dey Elementary 742 778 1 1 Great Neck Middle 1,015 1,007 1 1 Cox High 2,054 1,850 1 1 generation represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan Map identifies this area as a Primary Residential Area in the Bayfront Planning Area. The land use plan policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the surrounding stable neighborhoods. The established type, size, and relationship of land use, both residential and non- residential, located in and around these neighborhoods should serve as a guide when considering future development. Evaluation: The proposed 12 -unit multi -family project is consistent with the Comprehensive Plan recommendations for the area. The Comprehensive Plan land use policies for the Bayfront Planning Area support residential proposals that reflect, restore, and enhance the area's unique character as a beachfront residential community. Similar land use planning and development objectives stated in the Shore Drive Corridor Plan to be achieved for this community includes minimized impacts to natural resources both on and offsite, minimized stormwater runoff, minimized traffic impacts, and enhanced community aesthetics, quality of life, and economic vitality. This development proposal offers the necessary provisions to ensure these objectives will be achieved. The applicant is providing a stormwater management system that will be both functional and aesthetically pleasing, thereby minimizing impacts to the natural resources. The proposal provides for on-site parking that exceeds the minimum required by two-thirds, thus minimizing traffic and PPB, L.L.C. Agenda Item 7 Page 3 parking concerns. The project is similar in use, design quality and character as the other condominium developments that have been considered in recent years in the nearby area. The proposed project is one quarter of the permitted density for a site with land area of 30,000 square feet to 4 acres. The applicant has followed the Shore Drive Corridor Design Guidelines with regard to building design and building materials. One issue to be addressed, however, is the proposed eight -foot setback along the western property line. The Zoning Ordinance requires a 15 -foot side yard setback in the Shore Drive Corridor Overlay; however, it is likely that the intent of that requirement was to provide a buffer between commercial and residential uses rather than residential and residential uses. Elsewhere in the city, multi -family projects in the B-4 Mixed Use District are only required to meet an eight -foot setback. Section 221(1) of the City Zoning Ordinance allows the City Council to approve a use permit with deficiencies such as setback widths below the minimum if it is determined that the deficiencies are offset by the proposal itself or by attached conditions that ensure the proposal is compatible to the surrounding area. In this case, it is staff's opinion that the reduced setback is compatible with surrounding properties and will result in no further detriment than that potentially caused by existing multi -family projects adjacent to and surrounding the subject site. Staff, therefore, recommends approval with the following conditions. CONDITIONS 1. The development of the site shall substantially conform to the submitted "C.U.P. (Conditional Use Permit) Exhibit" entitled "Poseidon Beach Condominium", dated May 30, 2007, and prepared by Gallup Surveyors and Engineers, LTD, except for the following items: The proposed six-foot wide walkway on the west side of the site shall continue along the side of proposed Unit 1 to the parking area. The twelve guest parking spaces shall be constructed with pavers or other appropriate material designed to reduce impervious cover on the site. Proposed landscaping on the site shall comply with the Shore Drive Corridor Plan Appendices Landscaping Guidelines. 2. The proposed buildings shall be constructed substantially in accordance with the submitted elevations entitled "Poseidon Beach", pages 4 and 5, dated April 23, 2007, and prepared by JRML Associates, Inc. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. The building colors are limited to earth tone palettes; building trim should complement the color of the main body. 3. The applicant volunteers to make a donation to the City's Tree Restoration — Shore Drive Area Trust Fund in the amount of $5,000 to offset the loss of live oak (Quercus Virginia) trees on the property to be developed. The applicant volunteers such donation in addition to an offer to transplant live oak tree seedlings on the property and (2) the applicant's plans, which indicate the planting of 14 live oak trees on the property. PPB, L.L.C. Agenda Item 7 Page 4 NOTE. Further conditions maybe required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. PPB, L.L.C. Agenda Item 7 Page 5 Wa A9) M►v 3ra PROPOSED SITE PLAN PPB, L.L.C. Agenda Item 7 Page 7 uCCC�IIN uEREU T ----I PC= ilil � � �� _ iia __. EWA ='�,� is n-3 im U.1401:10.11 :1 Mi 1110 1 1. 1/14/03 Conditional Use Permit (Multi-familydwellings Approved 2. 1/8/03 Rezoning (B-2 (SD) Resort Commercial — Shore Drive Approved Corridor Overlay to A-24 Apartment with PD -1-12 Overlay) 3. 7/9/96 Conditional Use Permit (Rooftop Unmanned Approved Communication Facility) 4. 1/23/96 Conditional Use Permit (Rooftop Unmanned Approved Communication Facility) 5. 11/10/04 1 Conditional Use Permit(Multi-family dwellings) Approved ZONING HISTORY PPB, L.L.C. Agenda Item 7 Page 10 rd� c N ouv�na, c a !!a.9 i vo Z5 c -am QLm 9(.)c o ;6,8-v-.6 -vt:pc o j moemYom��wg�r J L` U ADL c mc�m=,20 oE-c MZ o£$ E� c (2€- bE p� c E m 3rrr��� E o��$ z i mm=`°v-mm�b £� c c � m 2' 8 -s 19 8 - G m CpC' pd C m m L 9 m Lm N L � mt macc`c `o� a i9� `-LL'"Em8`m-o EMU HSfl I dm 2 N m a Wi E C m D L E ^ G L E `m c g c N r Em ° o, o _ C, m w m c u W y C t y m � 2 O V1 D N �' �_ < 1p �' '. o I tpp0 y A ' `p y tLp G C` m y c o y G 0 � h ( -Z` 8 ',. p co z- W e V = 2- I 6o m Oo o:2 dp`om m.`m' cue aa�8Eo �� >� m$ _ rE -` iom L n z dcm-v� O N 3m - mm 6-2 m m O c p� m C 3 .'• ( ) 6 b CI °c 3 `ocL p n y _ (a N W c m W 1 1 Z;.2 m J L L U° Q n ❑ N LJ 01J4 = Or , N ❑ L= �� � ni r. b DISCLOSURE STATEMENT PPB, L.L.C. Agenda Item 7 Page 11 Item #7 PPB, L.L.C. Conditional Use Permit 3228 Page Avenue and 2300-2308 Poseidon Court District 5 Lynnhaven August 8, 2007 REGULAR Barry Knight: Mr. Strange, the next item to be heard. Joseph Strange: The next item is item 7, PPB, L.L.C. An application of PPB, L.L.C. for a Conditional Use Permit for multi -family dwellings on property located 3228 Page Avenue and 2300-2308 Poseidon Court, District 5, Lynnhaven, with four conditions. Barry Knight: Welcome back. Eddie Bourdon: Thank you Mr. Chairman. For the record, Eddie Bourdon representing the applicant and my clients are here this afternoon, Mr. Paulson, as well as Mr. Bruce Gallup, the engineer involved in this project. I have a copy of mounted elevation and materials. You all should have all of these items in your packages, and I'll pass those out that depict the beautiful residential structures that are proposed with this application on the property, as well as depict the materials that will be used. The subject property is on the north side of Page Avenue, a block off of Shore Drive. It is a beach front property of 1.975, just under two acres in size and is zoned B-4. You will note that the entirety of the beach front properties on Page Avenue are all zoned B-4 Shore Drive Overlay, and they are all developed with residential multi -family residential uses. The property was in essence down zoned by the Shore Drive Overlay. It was placed on it back about 8'/i to 9 years ago by City Council. Prior to the Shore Drive Overlay, the property was by -right developable residentially at up 36 units per acre, which is a number of those other developments on Page Avenue and in the B-4 area along Shore Drive were developed as. Now, with the Shore Drive Overlay, the residential development of that piece of property is not allowed as a matter of right. The only by -right development of that piece of property are a number of commercial developments, and I could go through the laundry list like beverage manufacturing, shops, child care education centers, auditoriums, assembly halls, drug stores, beauty shops, eating and drinking establishments, with or without a drive-thru, yada, yada, yada. Those are the allowed uses of this piece of property. I don't think anyone would argue that this property should be developed in a commercial manner. The Overlay, at the same time permitted Conditional Use Permits for multi -family residential. In essence, it down zoned the density for properties of 30,000 square feet in size up to 4 acres in size. The density I wanted to ask for the Use Permit instead of being the 36 prior to that time is reduced to 24 units per acre maximum. Now, my clients are coming forward with this application to develop this property at 6 units per acre, a total of 12 units just under 2 acres of property. Contrast at 12 versus over the 70 units that could have gone in there before the Overlay, and up to 45 that could Item #7 PPB, L.L.C. Page 2 be requested with the Use Permit today, under the Overlay. I think it is pretty clear that this is an appropriate and very high end infill development of this piece of property at less density. That is a perfect example that you're looking at that aerial there. These will be high end units. Frankly, if this area would have developed the way this applicant is proposing to develop this piece of property, we wouldn't have had a need for the Shore Drive Overlay. I think it is a magnificent point. I grew up at Lynnhaven Colony across the street. I am very, very familiar with this area for my entire life. I think it is a magnificent request that has come up before you. It could be said as a testament for the Overlay, I guess, it had this applicant look at it a little different way then everybody else was because your talking about, again, 83 percent reduction in density over what could have been done prior to the Overlay. It is still a significant 75 percent reduction over what you could ask for under the Overlay. It is real clear that this is not a commercial property. It should not be developed in a commercial fashion. The conditions and staff has obviously has recommend in favor of the application, and the conditions that you have in your write-up, the fourth condition dealing with the payment of monies for Live Oaks. My client intends to plant Live Oaks, but there are impacts that will take place with this development on the Live Oaks. He is willing to voluntarily offer under the previous condition 4 that you were told this morning had to come out unless it was voluntary, the amount that he would offer would be $2,500 for the Live Oak fund, and that is a fund that was started with the Bayvista and Sing Applications for Use Permits on the opposite side of the bridge. When Mr. Sing voluntarily gave $10,000 to start that fund, of course Mr. Sing's high rise was again, a high density development unlike what this applicant's request is for. I don't know if you want to talk about the previous condition that had been removed as far as the beach is concerned. We are not here to argue with anyone on whether the beach is a public or a private beach. By deed, it is not public. And, the condition that was previously in here, we supported its removal. It has nothing to do with the application. There is a case law that covers that. So, as conditioned and condition 4 being back in, we are totally in support of what the staff has recommended, and if you have any questions about the information that we provided to you about the beautiful architecture and material that have been submitted. The density is less. We are also providing more than enough on site sparking. Parking is really an issue down here. So, we are making sure that we are not going to add to anyone's parking problem here. We got more parking than anybody else down here has on site for our residents of this 12 unit condominium. We've covered that base. I think we are in total agreement with part of the parking being the pavers, which we will add to the stability of the sand and to absorb the runoff. So, again, we're not adding to anybody's problems or issues that may already exist with regard to stormwater runoff. Barry Knight: Mr. Bourdon? We now have two conditions. Are you telling me that you would like to voluntarily offer condition 3, which would be $2,500 to the Live Oak fund? Eddie Bourdon: Yes sir. Barry Knight: And also, down here it says here "site size", 2.8 acres. It is broken up. Am I to assume that the .892 is north of the line? Item #7 PPB, L.L.C. Page 3 Eddie Bourdon: No sir. That is a separate parcel upon which there is already a three unit condominium which we will be sharing swimming pool. Because this is an existing condominium it is an extremely complicated cumbersome expensive process to try to go back though the process of having this condominium vacated and added to the new condominium. So, these will be separate condominiums, but they will share amenity through a joint homeowner's association between the two condominiums associations. But that other piece that is listed is this parcel with the three unit condominium that is actually located to the east or northeast of the subject property. Barry Knight: Okay. Thank you. I didn't see it addressed in my package. Thanks for clearing for that up. Eddie Bourdon: I just dealt with the 1.975 acre piece because that is where all the development is proposed. The only combination is that there will be cross access to the pool and clubhouse. Barry Knight: Are there any questions for Mr. Bourdon at this time? Mr. Henley? Al Henley: Mr. Bourdon? Eddie Bourdon: Yes sir. Al Henley: To understand, and I know it says in the write up here that the plans indicate that they're going to be 14 Live Oaks planted on the property. Eddie Bourdon: Yes sir. Al Henley: And, also in addition to that they are going to contribute $2,500 to the Live Oak fund? Eddie Bourdon: Yes sir. Al Henley: Okay. I'm not really sure what that means. I think I know what that means. That money is placed into a special fund to place on Live Oaks somewhere in the City, in that area, because they are so unique to that area. Jack Whitney: Yes sir. Al Henley: And, it was the City's staff decision, I guess working with applicants to plant those trees accordingly? Jack Whitney: We work with folks from Virginia Tech in cooperation extension service for a culturist arborist to determine where the most viable locations along the Shore Drive Corridor would be for the replanting of the Live Oaks. Item #7 PPB, L.L.C. Page 4 Al Henley: Good. Okay. Thank you. Eddie Bourdon: You're very welcome. Barry Knight: Mr. Redmond. Dave Redmond: Mr. Bourdon, I would like to pick up on what Mr. Henley just asked you about the Live Oaks. If Karen, if you could kind of cue back. Thank you. There are a fair amount of Live Oaks that exist on the property today up and down that corridor. There are two things I hear. One is safety and the infrastructure that contributes to it. And the second is destruction of existing physical environment. And, while I appreciate what you're client has volunteered in terms of both plantings and contribution to the fund, it strikes me as maybe not accomplishing as much as I think the residents all up and down Shore Drive Corridor want. So, I wonder if you might confer and see if maybe you could up that contribution, and $2,500 is no small amount of money, but I wonder if that is really significant enough to make an impact that would equal the existing trees. It looks like a lot of trees to me. So, if you could sort of work on that a little bit? Eddie Bourdon: Mr. Redmond, I'll be happy to discuss that with my client. I assume there are some other speakers. I will be glad to talk about it. I do want to respond. The only trees that will be taken out are the ones that have to because of the location. The other benefit, which I think I'm agreeing with you on, is the monies are actually, for the most part will be used by somebody that has to put trees in a position where they are more visible on the site. It is a between multi -families and unless you're on Page Avenue, there is not a great deal of visibility of these trees. In the end what we're going to plant, and with bonds it is actually going to be a win-win. And most importantly, density and that is what the people on Shore Drive deal with, people reducing density and this is clearly that. Dave Redmond: I do appreciate that. Perhaps there is some compromise in the middle that we can reach between the number that was suggested and the number that you have. Eddie Bourdon: I will take to my client. Dave Redmond: Okay. Thank you Mr. Bourdon. Barry Knight: Mr. Bourdon? I think Ms. Kastsias? Do you have a question? Kathy Katsias: No. Barry Knight: Are there any other questions of Mr. Bourdon? Mr. Livas? Henry Livas: Since your client is not going to grant the easement for the replenishing the sand on the beach, is your client going to take care of that situation? Item #7 PPB, L.L.C. Page 5 Eddie Bourdon: Mr. Livas. Let me, and I apologize in advance because I had a great deal of experience with the beach nourishment and other BT's easement issue having represented the Sandbridge Oceanfront Property for a very long time and have gone through a lot of difficult negotiations that led us to where we now have replenishment and we have other beach at Sandbridge. If the issue were simply replenishment then there wouldn't be an issue. My client would grant the city the right to replenish the beach. If it benefited the other parties up and down that beach. The reality is that this beach is creating. We have over 250 feet of beach itself before you can get to the sand dune. It is getting bigger. But the City policy is that the easement to add sand has to be accompanied by an easement that makes the entire beach a public beach. And, again, I'm not here to argue on whether it is a public or private beach, but by tidal it is a private piece of property. By adding a condition to a Use Permit for multi -family residential that doesn't involve the beach in any way, shape or form is not an appropriate condition, but we would voluntarily give an easement for nourishment, but we would not give away the land as a public recreation beach as part of a Use Permit for residential. It may confuse you. It may be a confusing answer but it is private property. If the City wishes to acquire the private property they have the means available to do so. I don't think there is any intent to do that because there isn't any reason. The City may take the position it is a public beach. If that is the case, again, there is no need for the condition if it is a public beach. The point is it really isn't and that is what the Supreme Court that is case that is almost 100 percent on point, Nolan v. California Coastal Commission. It is not an appropriate condition. It is not an appropriate condition for with were dealing with today with this application. The City attorney's office, I know they agree. I'm all for public beach. I want you to know where I'm coming from, but there are reasons in this case that is simply not an appropriate condition. There is nobody in peril on this section of the beach. There is a huge beach there. Barry Knight: Are there any other questions for Mr. Bourdon? Eddie Bourdon: I apologize for the length of the answer. Barry Knight: Thank you. Mr. Strange? Joseph Strange: Speaking in opposition we have Steve Stocks. Barry Knight: Welcome. Steve Stocks: Thank you. Barry Knight: Steve, it's been a very long time. Steve Stocks: It has been. Barry Knight: You didn't have gray hair 30 years ago. Welcome. Please identify yourself. Item #7 PPB, L.L.C. Page 6 Steve Stocks: My name is Steve Stocks and I own the condominium at 2398 Bays Edge Drive. Can have the aerial view? I'll be speaking about the three condo associations in the neighborhood. Bays Edge Condo as well as Osprey Village Condos and Mooring Condos are neighbors opposed to the proposed project at 3228 Page Avenue and 2300- 2308 Poseidon Court. We're not here to object to the proposed project but to object to negative impact on the sand dunes, and equally important object to the any negative impact on the bay view that we neighbors currently have. It is my understanding that the property at 3232 Page Avenue, which is north of the proposed development, was developed without comment or input from neighbors. It is also my understanding that the city authorized these special allowances to allow the property at 3232 Page Avenue to be constructed beyond the dune lines and thus reduce the bay view of many homeowners in the Moorings, Osprey Village and Bays Edge. We ask that this not be repeated with this project. Barry Knight: Thank you Mr. Stocks. Are there any questions of Mr. Stocks? Ms. Katsias? Kathy Katsias: Could you show me what property you're talking about? Steve Stocks: Sure. I knew that I was going to have to use this. Could I have the aerial view? This right here is Bays Edges. There are four condos right here that have beautiful western sky views. The sunsets are unbelievable. When this building or this unit was constructed and it is our understanding that it was constructed beyond City ordinance with the sand dune but a special allowance was made, it blocked considerable view that we have over the Bay in this area. And, this proposed project is going to come out even further and block view of Bays Edge. This is Osprey Village condos here. And this is the Moorings here. There are 26 units in here, 14 here and approximately the same number in the Moorings. Barry Knight: Does that answer your question Ms. Katsias? Kathy Katsias: Have you seen the renderings of the buildings? Steve Stocks: It is beautiful. We are not opposed to the project, but going out in to the sand dunes and blocking view of neighbors are what we are opposed to. We have spoken to homeowners in three of those units. Many of them could not be here today but are also are opposed to how far out into the sand area it is going. Barry Knight: Ms. Wood? Dorothy Wood: Mr. Stocks. I'm not sure that I've read this right but I think I read in the paper that in Norfolk when there was something like this that a view is not something that is guaranteed. I guess the attorneys can probably tell you more about it. But there was a case in Norfolk recently on that. Item #7 PPB, L.L.C. Page 7 Steve Stocks: Well, it is not the view. We will lose the view. We certainly don't want to lose that. We have been told by numerous people, a lot in the real estate arena that we can not build out any further than right here (pointing to PowerPoint). This property is going to be built out to over here. So, we don't understand why we can't build out further, which would allow us that view, but yet this is being recommended and can be built out that far. Dorothy Wood: Thank you. Barry Knight: Are there any other questions? Thanks. It was nice to see you again. Steve Stocks: Good to see you again. Barry Knight: Mr. Strange? Joseph Strange: Our next speaker in opposition is Darlene Stephens. Barry Knight: Welcome ma'am. Please state your name for the record. Darlene Stephens: Darlene Stephens. Barry Knight: Okay. Darlene Stephens: I'm here just to reiterate to what Mr. Stocks has aid. I am Steve's neighbor at Bays Edge. I would just like to express. I've lived there for 10 years and part of the reason why I bought there was for the surroundings and for the view. And, like you said, a view is not always guaranteed, but we have been told and particular by real estate agents. In fact, indeed as a homeowner, I have been allowed to place an addition on my particular condo, which is Bayfront. I was allowed to go out, I think probably 12 to 15 feet. So, my place does have an addition, and that is where we were told we needed to stop. But my other concern as well is indeed not only the obstruction of the view, but the dunes will be disturbed by this project. I'm not opposed to the building of the project. I'm in favor of what they plan to build. I think 12 units is a very fair size, and I'm not concerned about density or anything like that. I'm concerned for natural resource, which are the dunes. It's a very important natural resource to us here in Virginia Beach. It protects us who live there from the elements that come across the water. Those are just my concerns that I wanted to express today. Barry Knight: Thank you ma'am. Are there any questions of Ms. Stephens? Thank you. Darlene Stephens: Alright. Joseph Strange: The next speaker in opposition is W.W. Dunlowe. Item #7 PPB, L.L.C. Page 8 Barry Knight: Welcome sir. Ma'am, if you want to pull the microphone down a little bit? W.W. Dunlowe: I can stand. I'm honored to be here. Barry Knight: Tahnk you sir. Barry Knight: Please identify yourself for the record. W.W. Dunlowe: My name is W.W. Dunlowe. Barry Knight: Okay. W.W. Dunlowe: I live on Page Avenue since 1989, right besides this piece of property you're talking about. It's in the court that there are two wills. Nobody knows who owns that property. I've got all the paperwork. Receipts from the clerk of the court. I appreciate it if you all would look at that before you all rule on anything. Because the Circuit Court Judge has to rule first who owns the property. Barry Knight: Ma'am, you can certainly give to our attorney, Ms. Kay Wilson. I'll put her on the spot there. W.W. Dunlowe: The receipts are there for the Circuit Court. I was told not to say too much but I talked to Jonathan Turley at George Washington University, and he said it was unconstitutional. But, wait until the Judge rules. I'm just a peon. But all the stuff is there. There is a letter from Sonny Stallings, and it's the letter that I put into court. Barry Knight: Ma'am, could you tell us where you live sir? Did you say you're an adjacent property owner? W.W. Dunlowe: I live beside Jordan Law since 1989. Barry Knight: Okay. W.W. Dunlowe: I've been there since 1989. I live across the street. I'm not complaining about them building the property. I just think that who owns the property and you can't be rezoning something if you don't know who owns it. I may be wrong. I'm not a lawyer. I'm not real smart. I don't know. All that stuff is legal. Its' filed in the court with receipts and all that stuff. Barry Knight: We thank you for coming up. W.W. Dunlowe: I have a copy of that. You can have that one. Item #7 PPB, L.L.C. Page 9 Barry Knight: Are there any questions of Mr. Dunlowe at this time? Are there any questions? Thank you sir for coming. W.W. Dunlowe: Thank you. Barry Knight: Thank you sir. Mr. Strange, are those all the speakers? Joseph Strange: That is all the speakers that we have. Barry Knight: Okay Mr. Bourdon? Eddie Bourdon: Thank you Mr. Knight. I appreciate it. Let me address a couple of things. First of all the development has already been delineated. The City and State have laws and ordinances that protect the coastal primary sand dune. And, the coastal primary sand dune is not being impacted in any way with this application. The coastal primary sand dune has been delineated. This delineation has been reviewed and has been accepted by all the regulatory bodies. And, you see the neighboring properties here and the same delineation was done. It's in line and is coming back from what you see to our west. When these were developed many, many years ago, beaches accrued. And I couldn't tell you why there are where they are. I am sure that if the coastal primary sand dunes out here, the opportunity would exist, if it were possible and because these are condominiums and, the potential to knock down units and extend just doesn't practically exist. But information they heard from a realtor or whatever about their views, and I'm sorry, but we have to abide by what the laws are, and the laws that the City and State protect coastal primary sand dunes will be protected. It won't be encroached upon and it won't be in anyway interfer with private property rights, which is what my client has, and that is what you're developing. Again, in line and slightly back from what is already developed to our west. The last gentleman who spoke, and as I understand it, there was a will contest at one point where he filed a challenge to another will from a previous owner and my understanding is that was dismissed on a demurrer and doesn't exist. My client has bought the property from the estate. Barry Knight: Mr. Bourdon. Lou Paulson: It wasn't dismissed. There is demurrer and it is still outstanding. Barry Knight: Sir, please identify your self for the record. Lou Paulson: I'm sorry. My name is Lou Paulson. I'm the owner of the property. But I wanted to make sure that I didn't hear you say something incorrect. That is all. He has filed a suite against the estate. The estate is not the owner of the property. We have a clear title to the property. So, there is no issue as to the ownership of the property. Eddie Bourdon: The property of Living Trust has already been conveyed so there is no challenge there. You may have some legal issues, but it has nothing to do with the title of Item #7 PPB, L.L.C. Page 10 the property that could affect the title of this property. And, no would your action approving a Use Permit have any affect on his litigation either. Barry Knight: Are there any questions? Ms. Katsias? Kathy Katsias: Something was mentioned earlier and I forgot who mentioned it about the adjacent condo, the .892 that was built over the dunes or something to the effect? Eddie Bourdon: I believe one of the opponents was referencing this condominium here, and an assumption that it had been built over the dunes, but that's not the case, based on how I understand the delineation of the coastal primary sand dune out here, did not impact the dune. They would have had to go to the Wetlands Board and gotten an approval to do so. I am fairly certain that did not take place. The same is true to the condominium next to that. Kathy Katsias: These elevations are beautiful. Are they going to go pass that condo further out? Eddie Bourdon: No they're not Ms. Katsias. That is what I was saying. They will be in line and coming back from that condominium. Because these are set back further. No one has a right, just like the person who lived here didn't have the right, to view across here that has been total obliterated by development that's placed on the inside. We all understand that. As much as I emotionally understand the emotional reaction, the legal rights of the property other than protecting the dune, which we are going to do. And, I almost forgot. My client, Lou Paulson, he will increase the amount that he will voluntarily offer for the Live Oaks on Shore Drive to $5,000. That would be your condition 3, which would be voluntary on his part but he will offer to pay $5,000 in to that fund. Dave Redmond: Thank you Mr. Bourdon. Barry Knight: Thank you. Mr. Whitney? Jack Whitney: I was just going to add to what Mr. Bourdon said. We do feel that in the case of the tree issue a voluntary proffer is preferable to a condition. We appreciate that. Should the Commission approve the item, we will work with Mr. Bourdon to put that in the proper language prior to it going to City Council. Dave Redmond: To be clear, that was a request my part, which I appreciate. Eddie Bourdon: It is voluntary. It was voluntary when we said $2,500. Barry Knight: Let me ask you Mr. Whitney. It is a Conditional Use Permit, would it be a condition as opposed to a proffer? Item #7 PPB, L.L.C. Page 11 Jack Whitney: We can put it in there. Barry Knight: Ms. Wilson? Kay Wilson: Just make sure the language satisfies everyone and it will be a condition. Barry Knight: Okay. Thank you. Are there any other questions for Mr. Bourdon? Ms. Wood. Dorothy Wood: Mr. Bourdon? Lets say that the court did by some unknown reason did give Mr. Dunlowe some property like he thinks he might, us rezoning it has no part. Eddie Bourdon: You're not rezoning it. All you're doing is granting a Use Permit to put multi -family residential. Dorothy Wood: If he received all the property from the court, he is better off. Eddie Bourdon: Economically. Dorothy Wood: I would just hate for him to be concerned about this, that something we are doing. Eddie Bourdon: You're not making any determination on claims or will dispute. There is nothing this Board would do. Barry Knight: Are there any other questions for Mr. Bourdon? Okay. Thank you. Eddie Bourdon: Thank you. Barry Knight: Mr. Strange? Joseph Strange: There are no other speakers. Barry Knight: No other speakers. I'll open it up for discussion. Ms. Katsias? Kathy Katsias: I'm ready to make a motion. I'm always excited when we have an applicant reduce density. And in this case, they reduced the density quite a bit as well providing adequate parking for the property owners. Being on the Shore Drive Council, David and I see so many applicants come forward and always want to increase the density, and then there is a problem with theparking. These elevations are beautiful. I think it is going to be an asset to Shore Drive. I think the applicant's generosity in the Live Oak fund, therefore, I request approving the application with condition 3 as proffered. Kay Wilson: As a voluntary. Item #7 PPB, L.L.C. Page 12 Kathy Katsias: As a voluntary. Kay Wilson: As a voluntary agreement to pay $5,000 into the Live Oak fund. Jack Whitney: We would also like to add to that so that the tree issue is complete the matter of the plantings of additional trees. There is planting plus the contribution to the fund, which we would like to incorporate into one description. Eddie Bourdon: The language that specified in the previous condition 4, that is in addition to the offer to transplant Live Oaks with tree seedlings. That language we didn't' have any objection to that and the $5,000 is a voluntary proffer from my client. Kathy Katsias: Did you get it? Barry Knight: Yes. You're making a motion to approve with condition 3 with the number being $5,000. Dot Wood second the motion. There is a motion on the floor to approve the three conditions as so stated. A motion made by Kathy Katsias and a second by Dot Wood. Is there any other discussion? I'll call for the question. Ed Weeden: By a vote of 9-0, the Board has approved the application of PPB, L.L.C. with the agreement to proffer condition 3 to $5,000 and the plantings of additional trees. Barry Knight: Thank you. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON ABSENT BERNAS ABSENT CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 9-0, the Board has approved the application of PPB, L.L.C. with the agreement to proffer condition 3 to $5,000 and the plantings of additional trees. Barry Knight: Thank you. L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT CITY OF VIRGINIA BEACH BRIEFINGS SUMMARY OF COUNCIL ACTIONS A ANIMAL CONTROL FEES Dave Hansen, Chief of Finance V O I and Technology DATE: September 4, 2007 M B L B D Jack Whitney, C E L E D H Director of Plannin C R A W PAGE: I S I E J L N U N I T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE p E E E E A R I V O O H L R Y S N F N A N D I/ BRIEFINGS A ANIMAL CONTROL FEES Dave Hansen, Chief of Finance and Technology B LAND USE ITEMS REVIEW Jack Whitney, Director of Plannin IUIII/ IV/ V/ VU E CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y F MINUTES Informal/Formal Sessions August 28, 2007 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/H/I PUBLIC HEARING EXCESS CITY PROPERTY @ 1250 Bayne Drivc NO SPEAKERS re Fire Station No. 8 PUBLIC COMMENT I/1 COMMUNITY LEGISLATIVE AGENDA NO SPEAKERS 2 INDOOR SPORTS FACILITY @ Princess Anne Cindy Curtis, Commons Director, Parks and Recreation explained the RFP 7 SPEAKERS J/ Ordinance toAMEND §§33-53/33-63 of the City ADOPTED K-1 Code re utility work/public streets/and/or r/o/w BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y CITY OF VIRGINIA BEACH Ordinance to AUTHORIZE Cooperative ADOPTED SUMMARY OF COUNCIL ACTIONS Agreement with School Board/City Attorney for BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y FY 2008 V O I Ordinances re Va Beach Rescue Squad,(Great ADOPTED DATE: September 4, 2007 M B L D BY CONSENT 11-0 Y Y C E Y L Y Y Y E D H C R A W PAGE: 2 S I E J L N U N I T E D N 0 A D H U L W AGENDA E z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE p E E E E A R I V O 0 Y H L R Y S N F N A N D 2 Ordinance to AUTHORIZE Cooperative ADOPTED Agreement with School Board/City Attorney for BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y FY 2008 3/a Ordinances re Va Beach Rescue Squad,(Great ADOPTED Neck Rescue Station): BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y AUTHORIZE $5,000,000 interest free loanlestablish CIP/TRANSFER $750,000 b DECLARE 1250 Bayne Avenue asExcess ADOPTED Property BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 4/a Ordinances toACCEPT/APPROPRIATE ADOPTED BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y $11,871,000 reWitchduck Road -Phase I site acquisition b $45,000 Community Corrections/$110,000 re ADOPTED Child/Youth Program/$326,412 re mentally ill BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y adults/$255,928 Biznet(Human Services) 5 Resolution reState Performance Contract ADOPTED CSB/MH/MR/SA BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y ADD City CouncilAUTHORIZED RFP for Princess ADOPTED ON Anne Commons area proposed for development in BY CONSENT 10-1 Y Y Y Y Y N Y Y Y Y Y concert between City Staff/Development authority L APPOINTMENTS RESCHEDULED B Y C O N S E N S U S WORKFORCE HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Unexpired thru 3/31/09 Veronica Salcado MINORITY BUSINESS COUNCIL APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Unexpired thru 5/31/09 Delcino Miles CITY OF VIRGIN14 BEACH TIDEWATER COMMUNITY COLLEGE APPOINTED 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y BOARD (TCC) Unexpired thru 8/31/09 V O I Alice Flowers DATE: September 4, 2007 M B L D C E L E D H C R A W PAGE: 3 S I E J L N U N I Y Y T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE p E E E E A R I V O O H L R Y S N F N A N D CITYWIDE TOWN MEETINGS October 16, 2007 Location to be Announced- 7:15 pm FY 2008.2010 Budget January 15, 2008 Location to be Announced — 7:15 pm Stormwater Plans and Funding TIDEWATER COMMUNITY COLLEGE APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y BOARD (TCC) Unexpired thru 8/31/09 Alice Flowers Unexpired thru 6/30/11 Thomas Wilson VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Unexpired thru 12/31/07 + 4 Years 1/1/08-12/31/12 Tanya Bullock M/N/O ADJOURNMENT 6:41 P.M PUBLIC COMMENTS Non -Agenda Items 6:41— 6:46 PM Twospeakers CITYWIDE TOWN MEETINGS October 16, 2007 Location to be Announced- 7:15 pm FY 2008.2010 Budget January 15, 2008 Location to be Announced — 7:15 pm Stormwater Plans and Funding