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HomeMy WebLinkAboutJULY 17, 2007 AGENDACITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R JONES, Bayside - District 4 WILLIAM R DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER., Centerville - District l BARBARA M. HENLEY, Princess Anne — District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E UHRIN, Beach — District 6 RON A. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER -JAMES K. SPORE CITY ATTORNEY- LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 17 JULY 2007 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 234568005 PHONE. -(757) 385-4303 FAX (75 7) 385-5669 E-MAIL: Ctycncl@vbgov.com I. STRATEGIC GROWTH AREAS TOUR - Economic Development Conference Room- 12:00 PM AREAS 3 and 4 — Newtown Road and Pembroke -Tour- 1:00 PM II. CITY MANAGER'S BRIEFING -Economic Development Conference Room - A. "SHAPING OUR COMMUNITY" A Blueprint for Implementing the City's Comprehensive Plan III. CITY COUNCIL COMMENTS - Conference Room — City Hall IV. REVIEW OF AGENDA 2:00 PM 3:30 PM V. INFORMAL SESSION 4:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Captain Al Hill, USN Chaplain, Naval Personnel Development Command C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. AGENDA FOR FORMAL SESSION H. PRESENTATION 1. ENVIRONMENTAL ACHIEVEMENT AWARD — "Lynnhaven River Now' William C. Baker, President, Chesapeake Bay Foundation I. CONSENT AGENDA J. RESOLUTIONS/ORDINANCES July 10, 2007 1. Resolution to ENDORSE participation with the Hampton Roads Transportation District Commission (HRTDC) re upgrade and replacement of the VB Wave Trolleys 2. Resolution to REQUEST the Community Medical Advisory Commission prepare, by August 21, 2007, recommendations on Certificates of Public Need submitted by Bon Secours and Sentara for proposed hospital facilities within the City of Virginia Beach 3. Resolutions to REQUEST the Virginia Beach Development Authority (VBDA) explore potential development: a. The Dome Site b. A Convention Center Hotel 4. Ordinance to AMEND Chapter 34 of the City Code re requirement for lifeguards at "public" swimming pools to provide a variance for condominium pools and DEFINE pools by "Type" 5. Ordinance to AUTHORIZE modifications to the Town Center Phase III project documents and acquisition of Block II property (Beacon Building) 6. Ordinance to AUTHORIZE execution of a one-year lease with Tidewater Regional Group Home Commission (TRGHC) of City -owned land at 2293 Lynnhaven Parkway DISTRICT 1 - CENTERVILLE 7. Ordinances to TRANSFER, ACCEPT and APPROPRIATE: a. $4,000,000 between various capital projects to AMEND the adopted School's FY 2007- 08 Biennial Resource Management Plan from which they were inadvertently omitted b. $450,000 from the United States Department of Homeland Security, under the 2007 Port Security Grant Program to the Police Department re purchase of two patrol boats and a trailer c. $45,000 from the United States Department of Homeland Security to continue the Citizen Corps Council (CCC) and the Community Emergency Response Team (CERT) for year five d. $233,000 re renovation of old holding cells and installation of a fire suppression system in the Public Safety Building e. $137,000 from the Oyster Heritage Trust Fund re construction of oyster reefs and continue the Oyster Shell Recycling program in the Lynnhaven Watershed f. $38,521 from the Virginia Aquarium and Marine Science Center Foundation re funding of a full-time Exhibits Technician I to act as a Records Registrar for the live animals and non -living objects at no cost to the City I. STRATEGIC GROWTH AREAS TOUR - Economic Development Conference Room- 12:00 PM AREAS 3 and 4 — Newtown Road and Pembroke -Tour- 1:00 PM II. CITY MANAGER'S BRIEFING -Economic Development Conference Room- 2:00 PM A. "SHAPING OUR COMMUNITY" A Blueprint for Implementing the City's Comprehensive Plan III. CITY COUNCIL COMMENTS - Conference Room — City Hall 3:30 PM IV. REVIEW OF AGENDA V. INFORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 4:00 PM VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Captain Al Hill, USN Chaplain, Naval Personnel Development Command C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. AGENDA FOR FORMAL SESSION July 10, 2007 11 i4roalitttott CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PRESENTATION 1. ENVIRONMENTAL ACHIEVEMENT AWARD — "Lynnhaven River Nov,?' William C. Baker, President, Chesapeake Bay Foundation Message Ruth H. Fraser From: Christy Everett [CEverett@savethebay.cbf.org] Sent: Thursday, July 05, 2007 11:40 AM To: Ruth H. Fraser Subject: Info for Award Presentation for Tuesday, 7/17/07 Ruth, How does this look? Any feedback is appreciated... FYI - I am on vacation from Monday though Wednesday (7/9-7/11) of next week. Info for Award Presentation for Tuesday, 7/17/07 - approximately at 6:00pm: Page 1 of 1 Award: Chesapeake Bay Foundation's William H. Savedge III Environmental Achievement Award Presented by: Chesapeake Bay Foundation's (CBF) President - William C. Baker Accepted by: Lynnhaven River Now's Executive Director - Laurie Carroll Sorabella How long: 3-5 minutes Description of presentation: Mr. Baker will greet the City Council, thank them for having him. Mr. Baker will briefly describe the Award and why Lynnhaven River Now was selected as the award recipient. Mr. Baker will ask Ms. Sorabella to come up to the podium to accept the Award (photo taken by CBF staff of Mr. Baker and Ms. Sorabella w/City Council seated in the background). Ms. Sorabella will then return to her seat. Mr. Baker will thank the City Council for all of their support of Lynnhaven River Now, briefly mention City efforts to protect and restore the Lynnhaven, thank City Council for allowing us to be there, and mention how CBF looks forward to continuing to work with the City and Lynnhaven River Now to continue to protect water quality in Virginia Beach in the future. Thanks! Christy Everett Virginia Assistant Director for Hampton Roads Chesapeake Bay Foundation Hampton Roads Office 142 W. York St., Ste. 318 Norfolk, VA 23510 (757) 622 1964 (o) (757) 679 3566 (c) (757) 622 7861 (f) ceverett _cbf.org Check out: www.cbf.org/hamptonroads 7/5/2007 I. CONSENT AGENDA RESOLUTIONS/ORDINANCES 1. Resolutionto ENDORSE participation with the Hampton Roads Transportation District Commission (HRTDC) re upgrade and replacement of theVB Wave Trolleys 2. Resolution to REQUEST the Community Medical Advisory Commission prepare, by August 21, 2007, recommendations on Certificates of Public Need submitted by Bon Secours and Sentara for proposed hospital facilitieswithin the City of Virginia Beach 3. Resolutions to REQUEST the Virginia Beach Development Authority (VBDA) explore potential development: a. The Dome Site b. A Convention Center Hotel 4. Ordinance to AMEND Chapter 34 of the City Code rerequirement for lifeguards at "public" swimming pools to provide a variance forcondominium pools and DEFINE pools by "Type" 5. Ordinance to AUTHORIZE modifications to the Town Center Phase III project documents and acquisition of Block II property(Beacon Building) 6. Ordinance to AUTHORIZE execution of a one-year lease with Tidewater Regional Group Home Commission (TRGHC) of City -owned land at 2293 Lynnhaven Parkway DISTRICT 1 - CENTERVILLE 7. Ordinances to TRANSFER, ACCEPT and APPROPRIATE: a. $4,000,000 between various capital projects to AMEND the adopted School's FY 2007-08 Biennial Resource Management Plan from whichthey were inadvertently omitted b. $450,000 from the United States Department of Homeland Security, under the 2107 Port Security Grant Program to the Police Department re purchase oftwo patrol boats and a trailer c. $45,000 from the United States Department of Homeland Security to continue tle Citizen Corps Council (CCC) and the Community Emergency Response Team (CERT) for year five d. $233,000 re renovation of old holding cells and installation of a fire supprssion system in the Public Safety Building e. $137,000 from the Oyster Heritage Trust Fund re construction ofoyster reefs and continue the Oyster Shell Recycling program in the Lynnhaven Watershed f. $38,521 from the Virginia Aquarium and Marine Science Center Foundationre funding of a full-time Exhibits Technician I to act as aRecords Registrarfor the live animals and nonliving objects at no cost to the City c. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Endorsing Participation with the Transportation District of Hampton Roads to Replace and Upgrade the VB Wave Trolleys MEETING DATE: July 17, 2007 ■ Background: The City, in partnership with the Hampton Roads Transportation District Commission (HRTDC), has operated an Oceanfront trolley service, now known as the VB Wave, since the 1980's. In 2006, the trolleys carried 539,929 passengers. The 32 vehicles in the fleet average 340,000 miles of service per vehicle, considerably in excess of their life expectancy of 200,000 miles. Repair costs associated with an older fleet are increasing and vehicle reliability is decreasing. ■ Considerations: The City and HRTDC have been seeking ways to provide replacement vehicles for the Oceanfront trolleys. The staff of HRTDC have proposed that the replacement vehicles, which would consist of 30 -foot transit duty diesel hybrid - electric shuttles, be operated as part of HRT's new "universal shuttle" service. Under the Cost Allocation Agreement between the City and HRTDC, the capital cost for vehicles that are unique to one city (such as the current VB Wave trolleys) are the financial responsibility of that city, while the capital costs for the Universal Shuttle system would be the responsibility of the HRTDC. ■ Public Information: The matter was the subject of a City Council briefing provided by HRT on July 10. Further public information will be handled through the normal City Council agenda process. Additionally, HRT and the City have worked with Oceanfront stakeholders and the Resort Advisory Commission to develop support for this proposal. ■ Recommendation: It is recommended that Council adopt the Resolution endorsing participation with HRT in replacing and upgrading the VB Wave. ■ Attachment: Resolution, Letter of support from the Resort Advisory Commission, and Transportation Services Plan. Recommended Action: Adoption of Resolution Submitting Department/Agency: Department of Planning City Manager: JL �'�- 1 A RESOLUTION ENDORSING THE CITY'S 2 PARTICIPATION WITH THE TRANSPORATION 3 DISTRICT COMMISSION OF HAMPTON ROADS TO 4 REPLACE AND UPGRADE THE VB WAVE 5 TROLLEYS 6 7 8 WHEREAS, the City of Virginia Beach has provided an Oceanfront mass transit 9 system, known as the "VB Wave," in conjunction with the Transportation District 10 Commission of Hampton Roads ("HRTDC") and its predecessors since the 1980's; and 11 12 WHEREAS, the average age of a VB Wave fleet vehicle is 12.5 years, with vehicles 13 ranging in age from eight (8) to twenty-three (23) years and with an average of 340,000 14 life -to -date miles per vehicle, with only one vehicle having less than 300,000 miles; and 15 16 WHEREAS, these vehicles were rated as medium -duty vehicles having an expected 17 life span of 7 years and 200,000 miles; and 18 19 WHEREAS, having provided over ten (10) million miles of service to Virginia Beach, 20 the VB Wave fleet is in dire need of replacement and upgrading vehicles in order to 21 successfully continue its mission; and 22 23 WHEREAS, HRTDC has proposed a strategy to replace the vehicles in the VB 24 Wave fleet; and 25 26 WHEREAS, such replacement strategy would place the new VB Wave fleet under 27 the same capital replacement program as HRTDC's transit duty bus fleet; and 28 29 WHEREAS, replacement vehicles would be thirty-foot transit duty diesel hybrid - 30 electric shuttles with a longer rated life span; and 31 32 WHEREAS, HRTDC would operate these as part of its new "universal shuttle" 33 service, thereby providing efficiencies in ongoing operating costs to Virginia Beach and all 34 other participating communities in Hampton Roads; and 35 36 WHEREAS, HRTDC and city staff have worked with stakeholder groups at the 37 Oceanfront to develop a consensus and support for this program to replace the aging VB 38 Wave trolley fleet; and 39 40 WHEREAS, at its meeting held June 7, 2007, the Resort Advisory Commission 41 (RAC) voted unanimously to support the effort, with the condition that the RAC have input 42 on the thematic design of the inside and outside of the vehicles; and 43 44 WHEREAS, City Council desires that the annual Transportation Service Plan 45 between the City and HRTDC include provisions for the implementation of the aforesaid 46 universal shuttle service using the replacement vehicles; 47 48 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 49 VIRGINIA BEACH, VIRGINIA: 50 51 That Virginia Beach is committed to replacing and upgrading the aging VB Wave 52 trolley fleet through the Transportation District Commission of Hampton Roads' universal 53 shuttle program. 54 55 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 56 BEACH, VIRGINIA: 57 58 That the City Manager is directed to execute the annual Transportation Service Plan 59 so as to implement the universal shuttle program and begin the replacement of the current 60 VB Wave trolley vehicles. 61 62 Adopted the by the Council of the City of Virginia Beach, Virginia, day of 63 , 2007. 64 APPROVED AS TO CONTENT: Department CA10450 R-3 July 6, 2007 anning 2 APPROVED AS TO LEGAL SUFFICIENCY: Ci y A rney's Office VIRGINIA BEACH June 18, 2007 The Honorable Meyera E. Oberndorf and Members of City Council Municipal Center — Building 1 2401 Courthouse Drive Virginia Beach, Virginia 23456 Dear Mayor Oberndorf and Council Members: Resort Advisory Commission 2101 Parks Avenue, Suite 502 Virginia Beach, Virginia 23451 (757) 385-4800 FAX (757) 422-3666 At its meeting held June 7, 2007, the Resort Advisory Commission (RAC) discussed the possibility of Virginia Beach joining HRT's proposed universal shuttle program. The RAC voted unanimously to support the effort, with the condition that the RAC have input on the theming of the inside and outside of the vehicles. We hope City Council will endorse this proposal. If you have any questions or need any additional information, please don't hesitate to contact me at 437-7873. Cordially, -74 Kenneth C. Taylor Chairman Resort Advisory Commission cc: James K. Spore, Virginia Beach City Manager Charlie Meyer, Virginia Beach Chief Operating Officer David Hansen, Virginia Beach Chief of Finance and Technology James B. Ricketts, Convention and Visitors Bureau Director Mike Eason, Resort Administrator RAC Commissioners Hampton Roads Transit VIRGINIA BEACH — Transportation Services Program FY 2008 Existing/Proposed Route Descriptions EXISTING SERVICES • #1 Granby Route 1 provides service between downtown Norfolk and Pembroke Mall daily with 15minute frequency during peak periods, and 30, and 60 minute frequencies during the remainder of the day. (4:43am — 2:15am). • #12 Indian River Route 12 provides daily service between South Norfolk and the Tidewater Community College Virginia Beach Campus (5:48am — 6:45pm). #15 Crosstown Route 15 provides daily service between the Navy Exchange Mall at Naval Station Norfolk and Robert Hall Boulevard (4:45am — 2:03am). Services frequencies vary between 15 minutes during peak periods, to 30 minutes midday, to 60 minutes evenings and weekends. • #19 Silverleaf Express Route 19 provides express service from the Silverleaf Park and Ride to Naval Station Norfolk during peak hours Monday through Friday. #20 Virainia Beach Boulevard Route 20 provides service between downtown Norfolk and the Virginia Beach Oceanfront daily (4:38am — 1:20am). Service frequency is 15 minutes during peak periods between downtown Norfolk and Pembroke Mall, with 30 minute frequencies east of Pembroke Mall. • #22 Indian River Express Route 22 provides express service between the Greenbrier Mall and Indian River Park and Ride lots and Naval Station Norfolk during peak periods. • #24 Laskin Road Express Route 24 provides express service between Fort Story and downtown Norfolk daily (6:55am — 5:30pm). • #25 Newtown Road Route 25 is a circulator between Military Circle Mall and Tidewater Community College, Virginia Beach Campus. Service frequency is 30 minutes Monday through Friday. • #33 General Booth Boulevard Route 33 provides service between Atlantic Avenue and the Virginia Beach Municipal Center. Service frequency is 60 minutes, Monday through Saturday (6:30am — 7:30pm). • #34 Oceana Tour Route 34 is a seasonal tour of Naval Air Station Oceana (June — September). • #36 Holland Road Route 36 provides service between Pembroke Mall and the Virginia Beach Municipal Center. Service frequency is 60 minutes Monday through Saturday (5:48am — 7:15pm). • #37 Oceana Route 37 provides service between Naval Air Station Oceana and Lynnhaven Mall.. Service frequency is 60 minutes Fridays, Saturdays, and Sundays (10:00am — 12:15am). VIRGINIA BEACH TROLLEY • #26 Bowcreek Route 26 provides service between Tidewater Community College and Oceana West Industrial Park Monday through Saturday (6:16am — 7:11 pm). Service frequency is 60 minutes. #27 Northampton Route 27 provides service between Pleasure House Road/Shore Drive and Military Circle Monday through Saturday (6:15am — 6:41pm). Service frequency is 60 minutes. • #29 Lynnhaven Route 29 provides service between Pleasure House Road/Shore Drive and Tidewater Community College Monday through Saturday (6:15am — 7:15pm). Service frequency is 60 minutes. • #30 Atlantic Avenue Route 30 provides service along the length of Atlantic Avenue daily from May through October. #31 Museum Express Route 31 provides service on the southern end of Atlantic Avenue, 5th Street, General Booth Boulevard and Prosperity Road. Service runs Memorial Day through Labor Day. • #32 Lynnhaven Mall/Shoppers Express Route 32 operates on Atlantic Avenue, 31S Street and Laskin Road to the Shops at Hilltop and Lynnhaven Mall. The service is daily from Memorial Day through Labor Day. • #33 General Booth/Holland Road Route 33 provides service between Atlantic Avenue/68th Street and the Virginia Beach Municipal Center Monday through Saturday (6:30am — 7:30pm). Service frequency is 60 minutes. Paratransit Service In compliance with Federal Transit Administration (FTA) regulations, Hampton Roads Transit is required to provide complementary paratransit service with .75 of 1 mile on either side of a fixed transit route. Service expansions and other route modifications to fixed route service may impact paratransit service boundaries and associated operating costs. FY 2008 PROPOSED SERVICES • The City of Virginia Beach requested to remain at FY2007 service levels. may' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the Community Medical Advisory Commission to Prepare Recommendations to the City Council Regarding Hospital Proposals MEETING DATE: July 17, 2007 ■ Background: On August 24, 2004, City Council established the Community Medical Advisory Commission to serve as an advisory body to the City Council. Its mission includes advising City Council regarding the provision of medical services in the City and advising City Council regarding matters affecting the provision of medical services in the City that arise from Certificates of Public Need. ■ Considerations: Bon Secours and Sentara have announced that they will each seek state approval for major hospital reorganizations that, if approved, would impact the citizens of Virginia Beach. They have submitted applications for a Certificate of Public Need to the State Health Commissioner. State law affords localities an opportunity to provide comments to the State Health Commissioner regarding the applications for Certificates of Public Need, and City Council would benefit from the recommendations of the Commission in determining whether to support one or both of the applications. The resolution requests the Commission to make recommendations to City Council, based on the Certificate of Public Need criteria set forth in state law, by August 21, 2007. ■ Public Information: This item will be publicized in the same manner as all other agenda items. ■ Attachments: Resolution, Code of Virginia § 32.1-102.3 Recommended Action: Approval Submitting By: Chief Operating Officer City Manager: ,� 1 A RESOLUTION REQUESTING THE COMMUNITY 2 MEDICAL ADVISORY COMMISSION TO PREPARE 3 RECOMMENDATIONS TO CITY COUNCIL 4 REGARDING HOSPITAL PROPOSALS 5 6 7 WHEREAS, on August 24, 2004, City Council established the Community 8 Medical Advisory Commission; 9 10 WHEREAS, the Commission's mission is to serve as an advisory body to the City 11 Council as follows: (1) to advise City Council regarding the provision of medical services 12 in the City including hospitals, trauma centers, medical campuses, health care 13 institutions, physicians and medical care providers, - ambulance services, and 14 emergency medical services; (2) to advise City Council regarding matters affecting the 15 provision of medical services in the City that arise from certificates of public need, the 16 Medicare and Medicaid programs, and health insurance matters; and (3) to provide 17 advice to the City Council on such other matters related to the delivery of medical 18 services as may be assigned by the City Council; and 19 20 WHEREAS, Bon Secours and Sentara have announced that they will each seek 21 state approval for major hospital reorganizations that, if approved, would impact the 22 citizens of Virginia Beach; and 23 24 WHEREAS, Bon Secours and Sentara have each submitted applications for a 25 Certificate of Public Need to the State Health Commissioner; and 26 27 WHEREAS, Virginia Code § 32.1-102.3 sets forth the criteria the State Health 28 Commissioner must consider in determining whether a public need for a project has 29 been demonstrated; and 30 31 WHEREAS, the Virginia Medical Care Facilities Certificate of Public Need Law 32 affords affected localities an opportunity to provide comments to the State Health 33 Commissioner regarding the applications for Certificates of Public Need; and 34 35 WHEREAS, the City Council would benefit from the recommendations of the 36 Commission in determining whether to support one or both of the applications. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 39 VIRGINIA BEACH, VIRGINIA: 40 41 1. That the City Council hereby directs the Commission to review the 42 applications of Bon Secours and Sentara and make recommendations to City Council 43 as to whether the City Council should support either or both of the applications. 44 45 46 47 48 49 50 51 52 2. That in making recommendations to City Council, the Commission shall consider the Certificate of Public Need criteria set forth in Virginia Code § 32.1-102.3, a copy of which is attached to this resolution. 3. That the Commission shall make its recommendations to City Council no later than August 21, 2007. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ief Operating Off" e CA -10457 R-3 July 6, 2007 ;Z�eAtAw 4 City Attorney's Office Certificate required; criteria for determining need. §32.1-102.3 of the Code of Virginia A. No person shall commence any project without first obtaining a certificate issued by the Commissioner. No certificate may be issued unless the Commissioner has determined that a public need for the project has been demonstrated. If it is determined that a public need exists for only a portion of a project, a certificate may be issued for that portion and any appeal may be limited to the part of the decision with which the appellant disagrees without affecting the remainder of the decision. Any decision to issue or approve the issuance of a certificate shall be consistent with the most recent applicable provisions of the State Medical Facilities Plan. however, if the Commissioner finds, upon presentation of appropriate evidence, that the provisions of such plan are not relevant to a rural locality's needs, inaccurate, outdated, inadequate or otherwise inapplicable, the Commissioner, consistent with such finding, may issue or approve the issuance of a certificate and shall initiate procedures to make appropriate amendments to such plan. B. In determining whether a public need for a project has been demonstrated, the Commissioner shall consider: 1. The recommendation and the reasons therefor of the appropriate health planning agency. 2. The relationship of the project to the applicable health plans of the Board and the health planning agency. 3. The relationship of the project to the long-range development plan, if any, of the person applying for a certificate. 4. The need that the population served or to be served by the project has for the project, including, but not limited to, the needs of rural populations in areas having distinct and unique geographic, socioeconomic, cultural, transportation, and other barriers to access to care. 5. The extent to which the project will be accessible to all residents of the area proposed to be served and the effects on accessibility of any proposed relocation of an existing service or facility. 6. The area, population, topography, highway facilities and availability of the services to be provided by the project in the particular part of the health service area in which the project is proposed, in particular, the distinct and unique geographic, socioeconomic, cultural, transportation, and other barriers to access to care. 7. Less costly or more effective alternate methods of reasonably meeting identified health service needs. 8. The immediate and long-term financial feasibility of the project. 9. The relationship of the project to the existing health care system of the area in which the project is proposed; however, for projects proposed in rural areas, the relationship of the project to the existing health care services in the specific rural locality shall be considered. 10. The availability of resources for the project. 11. The organizational relationship of the project to necessary ancillary and support services. 12. The relationship of the project to the clinical needs of health professional training programs in the area in which the project is proposed. 13. The special needs and circumstances of an applicant for a certificate, such as a medical school, hospital, multidisciplinary clinic, specialty center or regional health service provider, if a substantial portion of the applicant's services or resources or both is provided to individuals not residing in the health service area in which the project is to be located. 14. The special needs and circumstances of health maintenance organizations. When considering, the special needs and circumstances of health maintenance organizations, the Commissioner may grant a certificate for a project if the Commissioner finds that the project is needed by the enrolled or reasonably anticipated new members of the health maintenance organization or the beds or services to be provided are not available from providers which are not health maintenance organizations or from other health maintenance organizations in a reasonable and cost-effective manner. 15. The special needs and circumstances for biomedical and behavioral research projects which are designed to meet a national need and for which local conditions offer special advantages. 16. In the case of a construction project, the costs and benefits of the proposed construction. 17. The probable impact of the project on the costs of and charges for providing health services by the applicant for a certificate and on the costs and charges to the public for providing health services by other persons in the area. 18. Improvements or innovations in the financing and delivery of health services which foster competition and serve to promote quality assurance and cost effectiveness. 19. In the case of health services or facilities proposed to be provided, the efficiency and appropriateness of the use of existing services and facilities in the area similar to those proposed, including, in the case of rural localities, any distinct and unique geographic, socioeconomic, cultural, transportation, and other barriers to access to care. 20. The need and the availability in the health service area for osteopathic and allopathic services and facilities and the impact on existing and proposed institutional training programs for doctors of osteopathy and medicine at the student, internship, and residency training levels. (1982, c. 388; 1984, c. 740; 1993, c. 704; 1999, c. 926; 2000, c. 931; 2004, cc. 71, 95.) r NIA�BfgC� rp; C111 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the Virginia Beach Development Authority to Explore the Potential Development of the "Dome Site" for the Purposes of Enhancing the Resort Industry and Improving the Economic Vitality of the City MEETING DATE: July 17, 2007 ■ Background: Since the demolition of the City's former conference and entertainment facility, the City has operated a parking facility at the site (the "Dome Site") for the interim purpose of providing additional resort area parking but for the primary purpose of reserving the site for a future development that will enhance the resort industry and further economic vitality of the City. ■ Considerations: Development of the Dome Site will be an important component for the continued success of the resort industry. Previous studies have indicated that the site will best serve the City and the resort industry as an entertainment venue with some associated mixed use development. On behalf of the City Council, the Virginia Beach Development Authority (VBDA) could seek a qualified development company/operator for an entertainment venue at the Dome Site. ■ Public Information: Public information will be handled through the normal Council Agenda process. ■ Recommendations: It is recommended that the City Council request the VBDA to seek a qualified development company/operator for an entertainment venue at the "Dome Site". The VBDA is requested to grant a six month exclusive option for the selected development company/operator to prepare a proposal for consideration by the VBDA for its recommendation to City Council. ■ Attachments: Resolution Recommended Action: Approval of attached resolution Submitting Department/Agency: Economic Development D City Manager: 1t , tlf-j 1 A RESOLUTION REQUESTING THE VIRGINIA 2 BEACH DEVELOPMENT AUTHORITY TO EXPLORE 3 THE POTENTIAL DEVELOPMENT OF THE "DOME 4 SITE" FOR THE PURPOSES OF ENHANCING THE 5 RESORT INDUSTRY AND IMPROVING THE 6 ECONOMIC VITALITY OF THE CITY 7 WHEREAS, upon demolition of the City's former conference and entertainment 8 facility the City has operated a parking facility at the site (the "Dome Site") for the interim 9 purpose of providing additional resort area parking but for the primary purpose of 10 reserving the site for a future development that will enhance the resort industry and 11 further the economic vitality of the City; 12 WHEREAS, the City Council believes that the "Dome Site" is a critical link to the 13 continued success of the City's resort industry and further believes that the site will best 14 serve the City and the resort industry as an entertainment venue with some associated 15 mixed use development; 16 WHEREAS, the City Council believes that the type of venue, proposed uses, 17 architecture, quality, creativity and stability of the developer/operator are factors that are 18 vital to the development of a successful venue; 19 WHEREAS, the Virginia Beach Development Authority (the Authority) was 20 established by the Virginia General Assembly to assist the City in preserving, 21 developing and enhancing the economic vitality of the City and the Authority is best 22 authorized, staffed and positioned to assist with this important economic development 23 activity; 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH: 26 The City Council requests the Virginia Beach Development Authority to seek a 27 qualified development company/operator for an entertainment venue at the "Dome Site", 28 skilled in the development and operation of entertainment venues and characterized by 29 stability of the company, the quality of operation, and creativity in attractions and 30 sensitivity to the needs of the resort community and local market; 31 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 32 VIRGINIA BEACH: 33 The City Council authorizes the Authority to grant a six (6) month exclusive 34 option to the selected development company/operator to prepare a proposal for 35 consideration by the Authority, focusing on such factors as the type and sustainability of 36 the proposed venue, architecture, compatibility with the City's vision for a successful 37 entertainment venue, and the developer's creativity and sensitivity to the market; 38 AND, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 39 VIRGINIA BEACH: 40 The Authority is requested to work with the City Manager and City Attorney in this 41 endeavor, and to make its recommendations to the City Council; thereafter, the City 42 Council may elect to transfer ownership of the "Dome Site' to the Authority for the 43 purposes of developing an entertainment venue as a key component of the resort 44 industry. 45 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 46 day of , 2007. APPROVED AS TO LEGAL SUFFICIENCY: .rZ Cil - �� . - A10459 R-4 July 11, 2007 iO �n �p1r Yz.) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the Virginia Beach Development Authority to Explore the Potential Development of a Convention Center Hotel MEETING DATE: July 17, 2007 ■ Background: The City recently completed construction of a state of the art convention center that replaced the former facility known as the Pavilion. The new facility includes 150,000 square feet of exhibition hall, 29,000 square feet of meeting rooms, and 31,000 square feet of ballroom space. Numerous studies and site specific consultant's reports as well as reports of the staff operating the convention center have concluded that the new convention center cannot reach its potential without the addition of a convention center hotel. Over the past several months, several potential hotel developers have contacted the City of Virginia Beach and the Virginia Beach Development Authority requesting the public bodies consider their proposals for the development of a convention center hotel. ■ Considerations: Since numerous hotel developers are interested in developing a convention center hotel, a competitive process should be initiated to determine the best proposal. The state code allows for solicitation of competing proposals through the Public -Private Education Act (PPEA). This process allows the City Council to accept or reject all proposals. The Virginia Beach Development Authority (VBDA) can oversee and conduct the PPEA process for the Convention Center hotel. After the VBDA conducts the PPEA process, it will make recommendations to City Council. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: It is recommended that City Council approve the resolution requesting the VBDA, in its review of the proposals, to employ professional assistance familiar with the development, financial aspects, and the operation of the resort convention hotel properties, and to work with the City Manager and City Attorney in preparing recommendations for the City Council. ■ Attachments: Resolution Recommended Action: Approval Submitting De artment/Agenc : Economic Development(�.�`�� City Manager: c 1 A RESOLUTION REQUESTING THE VIRGINIA 2 BEACH DEVELOPMENT AUTHORITY TO EXPLORE 3 THE POTENTIAL DEVELOPMENT OF A 4 CONVENTION CENTER HOTEL 5 WHEREAS, the City of Virginia Beach has caused to be constructed and is 6 operating a new convention center that enhances and revitalizes the resort industry in 7 the City; and 8 WHEREAS, industry studies and site specific consultant's reports as well as 9 reports of the staff operating the convention center have concluded that the new 10 convention center cannot reach its potential and will thus under perform without the 11 addition of a conference center hotel; and 12 WHEREAS, potential hotel developers have contacted the City of Virginia Beach 13 and the Virginia Beach Development Authority (the Authority) requesting the public 14 bodies consider their proposals for the development of a convention center hotel; and 15 WHEREAS, the City Council anticipates receiving a Public -Private Education Act 16 (PPEA) proposal for a convention center hotel from Harmony Investments, an entity that 17 owns an existing hotel adjacent to the convention center; and 18 WHEREAS, the PPEA process set forth in the state code permits the solicitation 19 of competing proposals and permits the City Council to accept a proposal or reject all 20 proposals; 21 WHEREAS, the City Council believes a competitive process would be in the best 22 interests of the City; and 23 WHEREAS, the Authority was established by the Virginia General Assembly to 24 assist the City in preserving, developing and enhancing the economic vitality of the City 25 and the Authority is best authorized, staffed and positioned to assist with this important 26 economic development activity; 27 WHEREAS, the City Council also believes that professional assistance familiar 28 with the development, financial aspects and operation of resort/convention hotel 29 properties is needed in analyzing PPEA proposals; 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31 OF VIRGINIA BEACH: 32 The City Council requests the Authority to oversee and conduct a PPEA process 33 for a convention center hotel, analyze the proposals and make recommendations to the 34 City Council. 35 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 36 VIRGINIA BEACH: 37 The City Council requests the Authority, in its review of the proposals, to employ 38 professional assistance familiar with the development, financial aspects, and the 39 operation of resort convention hotel properties, and to work with the City Manager and 40 City Attorney in preparing its recommendations for the City Council. 41 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 42 day of , 2007. APPROVED AS TO LEGAL SUFFICIENCY: naro CA -10460 R-4 July 11, 2007 f4 F,�►� �i i f>S •2) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Chapter 34, Pertaining to Swimming Pools MEETING DATE: July 17, 2007 ■ Background: Under the current provisions of City Code Section 34-70, all "public" pools 2,000 square feet in area or larger must have a lifeguard at all times while the pool is open. The term "public pools," however, is something of a misnomer, as the City Code definition of the term includes many pools that are privately -owned. For example, the current definition of "public pools" includes pools owned by condominiums, although condominiums are private in nature and their pools are not open to the general public. As a result, pools larger than 2,000 square feet that are owned by a typical condominium must have a lifeguard at all times while the pool is open. There is no provision in the City Code by which a variance to this requirement may be granted by the Health Department, which is the enforcing authority for the City Code provisions regulating swimming pools. ■ Considerations: The proposed amendments establish a procedure by which condominium pools of up to 3,000 square feet in area may seek a variance from the lifeguard requirement of City Code Section 34-70. In order to obtain such a variance, the condominium association must: (1) control access to the pool area; (2) provide surveillance of the entrance and the pool area when there is no lifeguard present and the pool is open; (3) conspicuously post, and distribute to condominium owners, rules prohibiting minors under 16 years of age in the pool area without an adult if there is no lifeguard present; and (4) post warning signs regarding the absence of a lifeguard. The amendments also change the terminology used to describe the types of pool regulated by the ordinance from "public" or "private" to "Type 1" and "Type 2." This will eliminate the confusion engendered by the fact that, under the current definitions, many "public" pools are not open to the public at all, but are restricted to owners and their guests. The proposed ordinance also makes a number of "housekeeping" changes not significantly substantive in nature. ■ Public Information: Discussions have been held with individuals from condominium associations requesting relief from the current lifeguard requirement. The ordinance will be advertised as a regular agenda item. ■ Alternatives: The City Council may decide not to adopt the ordinance; in such event, however, there would be no means by which condominium pools could avoid providing a lifeguard at all times their pools are open, and the existing confusing terminology used to distinguish public and private pools would not be corrected. ■ Recommendations: Approval ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the City Attorney Ra A City Manager: u- 1�86ft 1 AN ORDINANCE TO AMEND CHAPTER 34, 2 PERTAINING TO SWIMMING POOLS 3 Sections Amended: §§ 34-2, 34-3, 34-4, 34-5, 34-7, 4 34-8, 34-10, 34-11, 34-28, 34-29, 34-31, 34-33, 34- 5 34, 34-41, 34-42, 34-43, 34-60, 34-61, 34-62, 34-63, 6 34-68, 34-69, 34-70, 34-71 and 34-72 7 Sections Repealed: §§ 34-21 and 34-26 8 BE IT ORDAINED BY THE CITY COUNCIL OF _ THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Sections 34-2, 34-3, 34-4, 34-5, 34-7, 34-8, 34-10, 34-11, 34-28, 34-29, 34- 11 31, 34-33, 34-34, 34-41, 34-42, 34-43, 34-60, 34-61, 34-62, 34-63, 34-68, 34-69, 34-70, 12 34-71 and 34-72 of the City Code are hereby amended and reordained, and Sections 13 34-21 and 34-26 are repealed, to read as follows: 14 15 Chapter 34 SWIMMING POOLS 16 17 ARTICLE I. IN GENERAL 18 19 Sec. 34-1. Title. 20 21 This chapter shall be known and cited as the "Virginia Beach Swimming Pool 22 Ordinance." 23 24 Sec. 34-2. Scope. 25 26 .... 27 28 (b) The provisions of this chapter shall apply to all public Type 2 swimming pools as 29 indicated and defined in section 34-3, including but not limited to commercial pools, 30 public or private school pools, gymnasium pools and health establishment pools. Public 31 Type 2 swimming pools for which building permits are issued subsequent to the 32 effective date of this chapter shall be constructed in accordance with provisions of the 33 Virginia Uniform Statewide Building Code, fire prevention code, the zoning ordinance 34 and this chapter. The administrative authority or authorized agent shall order 35 reasonable changes in any public pool or related facility or in its operation if it finds any 36 condition(s) that endanger the life, health or safety of the users of such pubis Type 2 37 swimming pools. In considering whether to order such changes, the administrative 38 authority shall consider the magnitude of the danger, cost of the change(s) required, 39 and the requirements imposed by this chapter upon newly constructed publ+s Type 2 40 swimming pools. 1 41 (c) PFivate Type 1 swimming pools shall be constructed in accordance with the 42 provisions of the Virginia Uniform Statewide Building Code and the zoning ordinance. 43 (d) The provisions of the chapter shall apply to all auxiliary structures and equipment 44 provided and maintained in connection with publiG Type 2 pools, including but not 45 limited to: 46 47 (1) Locker rooms. 48 (2) Shower rooms. 49 (3) Dressing rooms. 50 (4) Disinfecting equipment. 51 (5) Safety equipment. 52 53 COMMENT 54 There has been some confusion with the nomenclature used to distinguish pool types. The 55 term "public" was applied to pools that were clearly privately owned. To help avoid this confusion 56 throughout the Chapter pools previously termed "private" swimming pools are now Type 1 57 swimming pools and those that were termed "public" swimming pools are now Type 2 swimming 58 pools. This will clarify that pools previously termed "public" were not necessarily open to the 59 public. 60 61 Sec. 34-3. Definitions. 62 63 The following definitions shall apply in the interpretation and the enforcement of 64 this chapter. The word "shall" as used herein, indicates a mandatory requirement. 65 66 Administrative authority. The director of public health or his auth„rized ageRt. his 67 designee. 68 69 .... 70 71 Pool management company. Any person, firm corporation or association 72 contracting to manage or operate two (2) or more pUbliG Type 2 swimming pools. 73 74 Pool permit: a permit issued to the facility by the administrative authority to allow 75 for the operation of the publ+G Type 2 pool. 76 77 e Type 1 swimming pool: Any structure that contains water over twenty-four 78 (24) inches (610 mm) in depth and which is used, or intended to be used, for swimming 79 or recreational bathing in connection with an occupancy in residential use group R-3 80 and which is available only to the family and guests of the householder. This includes 81 residential in -ground, aboveground and on -ground swimming pools, hot tubs and spas. 82 83 Type 2 swimming pool: Any pool, other than a private -_Type 84 1 swimming pool. 85 14 86 Spa and hot tubs: PUbliG Type 2 pools designed for recreational or quasi - 87 therapeutic use for physiological and psychological relaxation that include but are not 88 limited to: hydrojet circulation, hot water, cold water, mineral baths, air induction 89 systems or any combination of these. 90 .... 91 Comment 92 The definitions of Type 1 and Type 2 pools are from the Virginia Uniform Statewide 93 Building Code and have been in use in Chapter 34 since 1996. 94 95 Sec. 34-4. Plans, construction and inspection. 96 97 .... 98 99 In addition to these regulations, all applicable ordinances, including but not 100 limited to plumbing, building, electrical and zoning shall also apply in the construction, 101 maintenance and operation of all publio Type 2 swimming pools. 102 103 Sec. 34-5. License required; fee. 104 (a) No person shall operate a alis Type 2 swimming pool unless an annual permit 105 has been secured from the administrative authority of the health department. This 106 permit shall be issued only after approval by the administrative authority, submittal of an 107 inspection report by a state registered electrician, certified by the Department of 108 Professional & Occupational Regulations, on forms approved by the administrative 109 authority, application and payment to the health department of a fee of fifty dollars 110 ($50.00) for seasonal operation (four (4) months or less) and seventy-five dollars 111 ($75.00) for year-round operation. The inspection report shall certify to the health 112 department and the City of Virginia Beach that the clic Type 2 swimming pool has 113 been inspected by a registered electrician and there are no electrical defects that could 114 affect the alis Type 2 swimming pool's safe operation. The inspection report shall 115 further certify that the alis Type 2 swimming pool is in compliance with all applicable 116 electrical codes. The operation and maintenance of any alis Type 2 swimming pool in 117 a manner not in accordance with the provisions of this chapter will be justification for 118 cancellation of this permit. 119 120 (b) A public Type 2 swimming pool permit shall be posted in view of the public at the 121 swimming pool involved. 122 123 (c) No alis Type 2 swimming pool permit shall be transferable and any person 124 holding such a permit shall give notice in writing, to the administrative authority within 125 twenty-four (24) hours after having sold, transferred, given away or otherwise disposed 126 of his interest in or control of the pool involved. Such notice shall include the name and 127 address of the person succeeding to the ownership or control of such pool. 128 129 130 131 3 132 Comment 133 This amendment clarifies that an electrician, who submits an inspection report on a Type 2 134 pool, must be certified by the Department of Professional and Occupational Regulations. 135 136 .... 137 138 Sec. 34-7. Owner's certificate. 139 140 (a) To secure a pool permit, each publi Type 2 pool shall have a person employed 141 who holds a valid operator's certificate issued by a source approved by the 142 administrative authority. This person is the certified pool operator for this facility. 143 Operator's certificate shall be issued only to an individual over the age of sixteen. An 144 applicant for an operator's certificate shall demonstrate basic knowledge of the water 145 treatment process in publ+G Type 2 swimming pools. Presentation of a certificate from a 146 swimming pool operator's training course acceptable to the administrative authority shall 147 constitute demonstration of such knowledge. No certified pool operator shall oversee 148 more than one (1) swimming pool facility per certificate. 149 150 (b) Every public Type 2 pool shall have a person on premises at all times during 151 periods of operation, who is fully capable of and shall assume responsibility for 152 compliance with all requirements relating to pool operation, maintenance and safety of 153 bathers. 154 .... 155 156 (e) No publ+G Type 2 pools shall be used or available for use until all requirements of 157 sections 34-5 and 34-7 are complied with. 158 159 COMMENT 160 This amendment requires a certified pool operator, an individual who is certified by the 161 health department to have knowledge of the water treatment of Type 2 pools, to only oversee the 162 operation of one pool facility. This will allow the certified pool operator to concentrate on the pools 163 at one facility and know their operation. More than one pool may be located at the pool facility. 164 165 Sec. 34-8. Suspension or Revocation of publiG Type 2 pool permit. 166 167 (a) If the administrative authority finds that the health and safety of those who utilize 168 a public Type 2 swimming pool is endangered, due to improper operation or continued 169 or flagrant violation, he may order the immediate suspension or revocation of the pool's 170 permit until such time as he finds that the danger no longer exists. No person shall 171 operate any publiG Type 2 swimming pool when subject to an order of suspension or 172 revocation. 173 174 (b) The administrative authority shall notify the owner, in writing, stating the 175 reason(s) for the suspension or revocation. The owner shall have the right to appeal the 176 suspension or revocation to the administrative authority. However, such appeal shall not 177 affect the order for suspension or revocation until such time that the appeal is heard and 178 the order changed. The owner may request a reinspection when the condition(s) 4 179 causing the suspension has been corrected. Upon compliance with the requirements of 180 this chapter, the suspension shall be removed. 181 182 (c) Any person aggrieved by the refusal to grant, or by the revocation or suspension 183 of the permit of a swimming pool, shall have the right to appeal therefrom to the circuit 184 court of the City of Virginia Beach after an administrative hearing. 185 186 COMMENT 187 There has been some confusion as to whether the health department had the authority to 188 revoke a Type 2 pool permit. This amendment clarifies that a pool permit may be suspended or 189 revoked for violations. 190 191 .... 192 193 Sec. 34-10. Pool management companies; duties. 194 195 All pool management companies, within ten (10) days after commencing 196 operation of a publie Type 2 pool, shall provide the administrative authority with the 197 names and locations of all public Type 2 pools they operate in Virginia Beach and the 198 names, telephone numbers and addresses of their operating personnel. Such 199 companies shall be responsible for assuring compliance with sections 34-5 and 34-7 of 200 this chapter. Pool management companies shall not act as the certified pool operator. 201 202 COMMENT 203 This amendment does not allow a pool management company to be the certified pool 204 operator (the individual responsible for the water treatment at each facility). This amendment 205 requires the designation of a certified pool operator who is separate form the management 206 company to ensure that each pool facility has a responsible party. 207 208 Sec. 34-11. Applicability of chapter to existing pools. 209 210 The structural and equipment provisions and requirements of this chapter shall 211 not apply to any public Type 2 pool constructed prior to the effective date of Ordinance 212 No. 391 from which this chapter was originally derived, except as follows: 213 214 (1) Any alteration, placement or replacement of any equipment shall comply 215 with such requirements. 216 217 (2) The provisions and requirements of this chapter with respect to 218 operational procedures and standards, chemical feeding equipment, flow meters, 219 pressure gauges and lifeguards shall be complied with by all publ+s Type 2 swimming 220 pools, regardless of date of construction. 221 222 (3) The administrative authority may grant modifications to any of the 223 provisions of this chapter which are not under the jurisdiction of the Virginia Uniform 224 Statewide Building Code. 225 y 226 .... 227 228 ARTICLE II. DESIGN AND CONSTRUCTION 229 230 Sec. 34-21. LoGat+en. Reserved. 231 232 The IGGatien of a swimmiAg peal shall be in aGGOFdanGe with the _)f the 233 234 235 .... 236 237 Sec. 34-26. Shape. Reserved. 238 239 Peels Fnay be of any dimension 9F shape, pFevided that satisfaGWFY FeGiMUI 240 241 242 COMMENT 243 Section 34-21 and 34-26 are repealed as they are covered by the Uniform Statewide 244 Building Code. 245 246 .... 247 Sec. 34-28. Recirculation systems. 248 249 (a) Filter room. I?ublis Type 2 pools shall be provided with a structure or room to 250 contain the filtration equipment, pumps and other recirculation system appurtenances, 251 and disinfection equipment. The room shall be finished in a light color and be 252 constructed of materials which are impervious to water and chemicals necessary for the 253 operation of the pool. Adequate illumination of twenty (20) footcandles measured 254 twenty-four (24) inches (61 centimeters) above floor level, shall be provided_ by --a. 255 . The floor of the filter room shall be 256 designed to provide for an adequate drainage with a minimum floor slope of 1:50 and a 257 maximum of 1:24 to the drain and shall be kept dry, particularly in the vicinity of 258 electrical panels. The filter room shall be adequately cross -ventilated and all equipment 259 shall be installed so that it is convenient to operate and repair. Adequate headroom 260 shall be provided above all filters. The provision of any facility for discharging filter 261 backwashing water into the filter room floor is prohibited. The room shall be provided 262 with a door(s) of sufficient width to permit the removal of equipment, and shall be 263 capable of being secured against entry by unauthorized persons. The entrance to the 264 filter room shall be adjacent to the pool area or so located that the operator can enter 265 the room without having to exit the enclosed pool area. 266 267 .... 268 269 (d) Rate of flow indicators. The recirculating system shall be equipped with a rate of 270 flow indicator, which has been approved by the administrative authority- , and is located 271 to visibly indicate the rate of flow. The indicator shall read in gallons per minute or liters C 272 per minute and shall be located to indicate the rate of flow of filtered water being 273 returned to the pool. The indicator shall be of fixed calibration and properly sized so as 274 to indicate the designed rate of flow at approximately midscale. 275 276 COMMENT 277 The amendment at Lines 254-255 removes the requirement for vapor -proof lighting and 278 requires adequate lighting in keeping with the new advances in lighting. The amendment at Lines 279 270-271 clarifies that the rate of flow indicator must be located so that it is visible. Inspectors must 280 inspect the rate of flow indicator and this amendment will allow them to more easily do so. 281 282 .... 283 284 Sec. 34-29. Piping systems. 285 286 (a) The piping system for alis Type 2 pools shall be composed of N.S.F.(National 287 Sanitation Foundation) approved materials or equal, designed for the following 288 operations: 289 290 (1) Filling the pool; 291 292 (2) Washing each filter to waste; 293 294 (3) Recirculating the pool water through the treatment equipment; 295 (4) Backwashing to waste; 296 297 (5) Operating suction cleaner; 298 299 (6) Emptying the pool; and 300 301 (7) Draining the system. 302 303 .... 304 305 Sec. 34-31. Operational safety. 306 307 (a) Pumps, filters and other mechanical and electrical equipment for alis Type 2 308 pools shall be enclosed in such a manner accessible only to authorized persons. 309 Construction and drainage shall be such as to avoid the entrance and accumulation of 310 water in the vicinity of the electrical equipment. 311 312 (b) The crossing of outdoor alis Type 2 swimming pools by overhead electrical 313 conductors is prohibited. 314 315 .... 316 317 Sec. 34-33. Pool Lighting. III 318 319 (a) Where publi ;--Type 2 pools are to be used after dark, the swimming pool area 320 shall be equipped with lighting fixtures of such number and design as to light all parts of 321 the pool, the water therein, and the entire area. ... . 322 323 .... 324 325 Sec. 34-34. Decks. 326 327 All fill under decks shall be properly tamped and proper supports shall be 328 provided to prevent decks from settling. Roof runoff or other- drainage shall not be 329 wasted onto the deck. All areas surrounding 'the deck shall have surface drainage 330 directed away from the deck area. Decks shall be free of cracks, pooling or standing 331 water and made of non-skid materials. Pool decks shall not create a nuisance or health 332 hazard. 333 334 COMMENT 335 This amendment adds some standards, which were not previously stated, for pool decks to 336 ensure their safety. 337 338 .... 339 340 Sec. 34-41. Safety and rescue equipment; other safety features. 341 342 Every pUblis Type 2 swimming pool shall be equipped with the following aids to 343 safety and rescue which shall be readily accessible at all times: 344 345 (1) One (1) or more safety tubes recommended by the American Red Cross, 346 YMCA or other accredited agency for lifesaving personnel, to be used by a certified 347 lifesaver. There may also be available of lightweight but strong poles with blunted ends, 348 not less than twelve (12) feet (4 meters) in length. 349 350 .... 351 (4) A readily -accessible room or area designated and equipped for 352 emergency care of casualties. Minimum equipment shall be an approved first aid kit and 353 a baGkbeafd meeting Red Cross standards. 354 .... 355 356 (6) Approved signs shall be maintained in a legible manner as follows: 357 358 a. Occupant load signs. A sign with clearly legible letters, not less 359 than four (4) inches (10.2 centimeters) high shall be posted in a conspicuous 360 place near the main entrance to a pool which shall indicate the number of 361 occupants permitted for each pool. 362 9 363 b. Spa/hot tub pool. The occupant capacity of a spa/hot tub pool shall 364 be based on one (1) bather for every ten (10) square feet (1.9 meters2) of pool 365 water surface area. 366 367 C. The occupant capacity of all other pools shall be based on one (1) 368 bather for every twenty-seven (27) square feet (2.50 meters2) of pool water 369 surface area. Exception: Occupant capacity requirements do not apply to wading 370 pools. 371 372 d. Permanent and conspicuous signs shall be posted indicating the 373 most direct route to the pool for emergency, fire and - rescue personnel and 374 vehicles. 375 376 .... 377 378 (11) Fixed and floating platforms in publiG Type 2 swimming pools shall be 379 constructed with an air space of at least one (1) foot (0.3 meters) between the water 380 surface and the underside of the platform. 381 382 (12) There shall be one (1) elevated lifeguard chair provided for every public 383 pool with a depth of over five (5) feet (1.52 meters) of and two thousand (2,000) square 384 feet (202.99 meters2) of water surface. An additional chair will be required for each 385 additional one thousand (1,000) square feet (92.8 meters2) of water surface. 386 387 COMMENT 388 The amendments at Lines 345-347 and 353 update the requirements for safety equipment at 389 Type 2 pools to reflect the changes in American Red Cross and YMCA policies. The amendment at 390 Line 373-374, clarifies that the required signage is for emergency personnel. The change at Line 391 383 is for clarification, to be certain that an elevated lifeguard chair is only necessary if the 392 swimming pool is over 5 feet in depth and over 2,000 square feet in area. 393 394 Sec. 34-42. Disinfection equipment. 395 396 (a) Chemical feeding equipment. Means shall be provided for regulating the feeding 397 of chemicals to the water in the recirculation system. The installation and use of 398 mechanical, automatically operated, positive displacement chemical feeders or dye type 399 chemical feeders is required. 400 (b) Chlorinating equipment. All PUbliG Type 2 pools shall be provided with approved 401 chlorinating equipment which shall be capable of applying a dose of not less than ten 402 (10) ppm of chlorine within the turnover time. 403 404 .... 405 406 Sec. 34-43. Water heating. 407 408 Indoor PUbIiG Type 2 pools shall be provided with water heating equipment 409 thermostatically controlled and capable of maintaining the entire pool contents between 9 410 seventy (70) and eighty-five (85) degrees Fahrenheit (twenty-one (21) degrees 411 Centigrade and twenty-nine and forty-eight one hundredths (29.48) degrees 412 Centigrade). All heated pools, spas and hot tubs shall maintain a minimum halogen 413 residual of two (2.0) ppm or mg/I at all times. Spas and hot tubs shall have, on display, a 414 clock and thermometer visible to occupants. Spas and pool water temperature shall not 415 exceed one hundred and four (104) degrees Fahrenheit at any time that is occupied. 416 417 .... 418 419 ARTICLE III. OPERATION 420 421 Sec. 34-60. Conditions and equipment. 422 423 All equipment shall be maintained in satisfactory operating condition during 424 operation of a his Type 2 pool. 425 426 Sec. 34-61. Water supply. 427 428 All pub4ie Type 2 pools using well water shall have a satisfactory bacteriological 429 sample taken prior to opening each year. 430 431 Sec. 34-62. Clarity of water. 432 433 When a his Type 2 pool is open and in use, the water shall be sufficiently 434 clear to permit the main drain a diS ^ SiX (6) inches (15.24 nen+ime+e Fs) in diameter 435 , 436 the deepest point to be clearly visible from the pool deck at all distances up to ten (10) 437 yards 438 suFfase. The-disc-shall be available an pFemises at all times nr mom y he neFFnanen+lei 439 affixed +o the he++em of the pool in the .deepest aFea 440 441 COMMENT 442 This amendment update the method used to determine water clarity from the requirement 443 for a black and white disc at the bottom of the pool and uses the visibility of the drain to determine 444 water clarity. The method of using the drain to determine water clarity is much easier. 445 446 Sec. 34-63. Water treatment. 447 448 (f) The operator or manager of each die Type 2 swimming pool shall maintain 449 and operate all mechanical equipment in a safe and proper manner. 450 451 (i) Protective clothing, i.e., respirators, -goggles, eve protection, face masks, rubber 452 gloves and aprons or coveralls, shall be provided for personnel handling chlorine 453 chemical compounds and other caustic chemicals. 454 455 COMMENT 456 This amendment updates the requirements for safety equipment when handling chlorine. 10 457 .... 458 459 Sec. 34-68. Precautions relative to communicable diseases. 460 461 Any person having an obvious skin disease, nasal or ear discharge, inflamed 462 eyes, or any communicable disease shall be excluded from the tic Type 2 swimming 463 facility pool. 464 465 Sec. 34-69. Security. 466 467 PUblis Type 2 swimming pools shall be maintained in a manner which will not 468 create a nuisance or hazard to the public safety and well-being when not in use, and the 469 pool shall be adequately secured against entry by the public in general. 470 471 Sec. 34-70. Lifeguards. 472 473 (a) There shall be at least one (1) lifeguard on duty at all times when the his Type 474 2 pool is of two thousand (2,000) square feet (185.79 rr'crrteter-Q square meters) of water 475 surface or more and when open for use. 476 477 (b) his Type 2 pools which are less than two thousand (2,000) square feet 478 (185.79 rneter-Q square meters) may be used by adults, or children supervised by 479 adults, without a designated lifeguard, provided it is posted as follows: "WARNING: No 480 lifeguard on duty. Children under the age of fourteen (14) should not be allowed to use 481 a pool without an adult in attendance." 482 483 (c) Any individual retained as a lifeguard for publir. Type 2 pools of two thousand 484 (2,000) square feet (185.79 ^' etePs2-square meters) or more shall possess a current 485 certification for meeting the standard of a lifesaver as recommended by the American 486 Red Cross, YMCA or other accredited agency for lifesaving personnel. 487 488 (d) The ratio of lifeguards to bathers shall be one (1) lifeguard on duty for the first 489 seventy-five (75) bathers and an additional lifeguard for every additional fifty (50) 490 bathers, or fraction thereof. Lifeguards shall wear distinguishing emblems or clothing 491 while on duty. 492 493 (e) Variance procedure for Type 2 condominium pools: Owners of Type 2 494 condominium pools greater than 2000 square feet and less than 3000 square feet may 495 apply for a variance to the lifeguard requirements of this Section. 496 497 (1) Variances to the requirements of this Section may be granted by the 498 administrative authority where: 499 a. the pool area is access controlled; 500 b. the entrance to and the pool area are under surveillance at all times 501 when the pool is open without a lifeguard; 11 502 c. pool rules, which are distributed to all members of the condominium, 503 state that no minors under the age of 16 shall be in the pool area unless 504 accompanied by an adult when no lifeguard is provided, and 505 d. there are conspicuously posted legible signs that contain the following 506 language: 507 WARNING: NO LIFEGUARD ON DUTY. 508 MINORS UNDER THE AGE OF 16 ARE NOT ALLOWED TO USE 509 THE POOL UNLESS ACCOMPANIED BY A RESPONSIBLE ADULT. 510 511 (2) The application for a variance to the administrative authority shall be on 512 forms provided by the administrative authority and must include: 513 a. a statement requesting specific times for the variance to apply and the 514 reasons for those times; and 515 b. the reasons why the public health and safety will not be jeopardized if 516 the variance is granted. 517 518 (3) Within a reasonable time, not to exceed sixty (60) days from the receipt of 519 a complete written application the administrative authority shall grant, deny or 520 grant with conditions such variance. The administrative authority shall consider, 521 in addition to the requirements of subdivision (e) (1), the following factors: 522 523 a. Any circumstances unique to the applicant's facility; 524 b. The effects that the variance would have on the health and safety of 525 the public; and 526 c. Any other health and safety factors, as determined by the 527 administrative authority. 528 529 (4) The administrative authority shall notify the applicant in writing of the 530 approval of the variance, the effective date of the variance and the conditions 531 attached to the approval of the variance. Failure to comply with the conditions 532 shall result in the immediate revocation of the variance. 533 534 A denial of the variance shall also be in writing giving the reasons for the 535 denial. 536 537 (5) Each variance approved shall be conspicuously posted in public view in 538 the pool area. 539 540 (6) Variances expire on October 1 and must be applied for on a yearly basis. 541 542 COMMENT 543 The addition of the variance process will allow those Type 2 condominium pools under 544 3,000 square feet to apply for a variance from the Health Department from the requirement that 545 lifeguards must be provided at all times in Type 2 pools over 2000 square feet. Pools under 2000 546 square feet are not required to provide lifeguards. To apply for a variance the condominium pool 547 must have access control, surveillance of the pool area, not allow minors under 16 years of age in 548 the pool without an adult, and have warning signs posted that state there is no lifeguard on duty, 12 549 and that minors are not allowed without an adult. Factors in granting the various for the health 550 department to consider include whether the variance would endanger the public health or safety, 551 and the unique characteristics of the pool facility. The variance may be approved, approved with 552 conditions or denied. Variances must be posted so that the public is aware that the pool has a 553 variance, and the owner must reapply for a variance every year to be sure that the conditions and 554 approval are still appropriate. 555 556 Sec. 34-71. Laundering. 557 558 Bathing suits, towels and other reusable cloth materials furnished by a pubtis 559 Type 2 pool shall be properly laundered so as to be sanitary before being issued to 560 bathers. 561 562 Sec. 34-72. Animals. 563 564 Animals, fowl and/or pets shall not be permitted within the his Type 2 565 swimming pool. This section shall not apply to working dogs, such as seeing -eye dogs. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2007. APPROVED AS CONTENT: CA9910 R-12 July 11, 2007 13 APPROVED AS TO LEGAL SUFFICIENCY: P - ))/ &01 d) - dry A orney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ORDINANCE APPROVING MODIFICATIONS TO THE TOWN CENTER PHASE III PROJECT DOCUMENTS AND ACQUSITION OF THE BLOCK 2 PROPERTY FOR THE TOWN CENTER PROJECT MEETING DATE: July 17, 2007 ■ Background: The Town Center Project (the "Project") has been a long-term priority for the City. The City Council first recognized the importance of the Project in the Central Business District of the City when it adopted the Comprehensive Plan on November 4, 1997. On November 23, 1999, the City Council adopted the Central Business District — South Tax Increment Financing District with the intent of entering into an agreement with a developer and using the funds to help pay for the City's participation in the Project. At its February 8, 2000 meeting, the City Council approved a Development Agreement for Phase I of the Project containing the rights and obligations of the Virginia Beach Development Authority (the "Authority") and Town Center Associates, L.L.C. (the "Developer"). Phase I of the Project, comprised of a 272,000 square foot office tower, 109,000 square feet of commercial space, a 176 -room hotel, an 18,000 square foot bank headquarters building, a 1,284 -car public parking garage, and public streets, sidewalks and utilities, has been completed. On June 3, 2003, the City Council approved the Phase II Development Agreement containing the rights and obligations of the Authority and the Developer with respect to Phase I I of the Project. One of the blocks associated with the second phase of the Project, the Dick's Sporting Goods Store, opened in April 2004 with an adjoining 574 -space public parking facility and 18,000 square feet of retail space. Other development includes a 10 - story 341 -unit luxury apartment complex with an 851 -space public parking facility, a public plaza and 194,000 square feet of office/retail/entertainment space. Phase I I of the Project is complete. On October 12, 2004, the City Council approved acquisition of a Portion of Block 6 of Town Center for the Sandler Center for the Performing Arts, and authorized award of the Design & Construction contract under the PPEA for the theater to Clancy & Theys. On September 13, 2005, the City Council approved Phase III of the Town Center, and on June 13, 2006, the City Council approved the First Modification to the Phase III Development Agreement. Phase III of Town Center will be a multi -block, multi -facility mixed-use development consisting of the following elements: o Block 6 will have approximately 14,000 square feet of retail and 56 loft condominiums adjacent to the Sandler Center for the Performing Arts. o Block 7 will comprise an approximately 37 -story high-rise, including approximately 36,500 square feet of retail space and lobby for the Hotel, 25,000 square feet of meeting and pre -function space, 236 -room full service Westin Hotel, 119 luxury residential condominiums, and 947 -space parking garage, with 730 public spaces. o Block 9 will contain an approximate 75,000 to 100,000 square foot building of multi -use space. Block 2 of the Town Center Project is privately owned by Commonwealth Building Company, Inc. The Authority has negotiated an acquisition of the Block 2 Property in exchange for 15,000 square feet of improved office space in the Block 7 West Retail Space, a $1,635,000 cash payment, five parking spaces in the Block 7 Parking Garage and a $300,000 EDIP award to cover moving expenses. ■ Considerations: To facilitate the construction of the Phase III improvements, certain modifications to the Phase III Development Agreement have been proposed and are summarized in the Ordinance. The terms of the acquisition of the Block 2 Property are also outlined in the Ordinance. ■ Public Information: A public briefing on this item was conducted at the July 10, 2007 City Council meeting. Additional public information for this item will be handled through the normal Council agenda process. ■ Alternatives: The Phase III Documents reflect the City's on-going commitment to the long-term priority of developing a Town Center for the City. Acquisition and development of the Block 2 Property are consistent with those goals. There are other alternatives to development of the Central Business District. However, few if any alternatives accomplish Council's stated goals for the area or provide the level of quality proposed. ■ Attachments: Ordinance Recommended Action: Approval yy// Submitting Department/Agency: Economic Development // L�J/ City Manager PI 1 AN ORDINANCE APPROVING 2 MODIFICATIONS TO THE TOWN CENTER 3 PHASE III PROJECT DOCUMENTS AND 4 ACQUISITION OF THE BLOCK 2 PROPERTY 5 FOR THE TOWN CENTER PROJECT 6 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 7 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff 8 have engaged in extensive negotiations with representatives of Armada/Hoffler 9 Development, Company L.L.C., and its affiliates, regarding the development of a Central 10 Business District Project known as "The Town Center of Virginia Beach" (the "Project"); 11 WHEREAS, by Ordinance No. 2896F adopted September 13, 2005, after finding 12 that Phase III of the Project will stimulate the City's economy, increase public revenues, 13 enhance public amenities, further the City's development objectives for the Central 14 Business District and provide necessary components to further the goals contained in the 15 City's "Guidelines for Evaluation of Investment Partnership for Economic Development," 16 the City Council (a) approved development documents for Phase III of the Project (the 17 "Phase I I I Project Documents"), (b) requested that the Authority approve and execute the 18 Phase III Project Documents, and(c) authorized the City Manager to execute a Support 19 Agreement between the City and the Authority supporting the Authority's obligations 20 contained in the Phase III Project Documents; 21 WHEREAS, by Ordinance No. 2946B adopted June 13, 2006, after finding certain 22 proposed refinements and modifications to the Phase III Project documents would enhance 23 the Project, City Council approved the First Modification to Phase III Development 24 Agreement; 25 WHEREAS, Phase III of the Project includes Block 7, on which there is being 26 constructed a structure comprised of a 947 -space parking garage, with 735 public spaces 27 (the "Block 7 Parking Garage"), 25,000 square feet of ground floor commercial space on 28 the west side of the building (the "Block 7 West Retail"), 11,500 square feet of additional 29 ground floor commercial space on the east side of the building, a 236 -room full service 30 Westin hotel, a 25,000 square foot conference facility (the "Conference Unit") and 119 31 luxury condominiums and an emergency communications room on the top of the Block 7 32 tower (the "911 Room"); 33 WHEREAS, Phase III of the Project also includes Block 6E, on which there is being 34 constructed a structure comprised of 14,000 square feet of ground floor commercial space 35 and 56 residential condominiums; 36 WHEREAS, Phase III of the Project also includes a pedestrian bridge over 37 Columbus Avenue connecting the Block 7 Parking Garage with the public parking garage 38 in Block 12 (the 7-12 Bridge"); 39 WHEREAS, Block 2 of the Project is owned by Commonwealth Building Company, 40 Inc. ("CBC"). The Authority and the Developer have negotiated an exchange transaction 41 under which CBC would transfer of Block 2 to the Authority in exchange for 15,000 square 42 feet of improved office space in the Block 7 West Retail, a $1,635,000 cash payment, five 43 parking spaces in the Block 7 Parking Garage, and up to $300,000 in moving expenses in 44 the form of an EDIP award to CBC (collectively the "Block 2 Exchange"); 45 WHEREAS, the Authority and the Developer desire to add the terms of the Block 2 46 Exchange to Phase III of the project and memorialize the Block 2 Exchange in an 47 agreement and supporting documents between the Authority, CBC and the Developer 48 (collectively the "Block 2 Exchange Documents") and also modify the Phase III Project 49 Documents to incorporate the Block 2 Exchange and provide for the Developer's obligation 50 to repurchase Block 2 from the Authority for an amount equal to the Authority's cost of 51 acquisition, plus interest, less the amount of any EDIP award associated with the Block 2 52 Exchange; 53 WHEREAS, Phase III of the Project was to include construction of improvements on 54 Block 9 by the Developer and public infrastructure improvements to Block 9 by the 55 Authority and the Authority and the Developer have agreed to replace the Developer's 56 obligation to develop Block 9 with an obligation that the Developer develop Block 5; 57 WHEREAS, the Developer incurred additional costs of construction for the Block 7 58 and Block 6 improvements due to unforeseen circumstances; 59 WHEREAS, the obligations of the Authority contained in the Phase III Modification 60 Project Documents are supported by the City pursuant to a Phase III Support Agreement, 61 (a) with the traditional public infrastructure costs of the Project to be funded, in part, 62 through the City's CIP and, in part, through the Authority's Economic Development 63 Investment Program monies and (b) with the other obligations of the Authority structured to 64 be paid, subject to annual appropriation, by the available revenue from the TIF Fund, from 65 the revenue generated by the special tax district and by an additional mechanism for the 66 Developer to pay projected TIF shortfalls; 67 WHEREAS, the City Council finds that the proposed modification to the Phase III 68 Project Documents and the Block 2 Exchange are desirable as they allowthe Developerto 69 enhance Phase III of the Project; and 70 WHEREAS, the City Council hereby approves the modification to the Phase III 71 Project Documents and Block 2 Exchange and desires that the Authority pursue the 72 preparation of supplemental Phase III Project Documents and Block 2 Exchange 73 Documents to evidence the Phase III Modification and Block 2 Exchange. 74 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 75 VIRGINIA BEACH, VIRGINIA: 76 1. That the City Council hereby approves the second modification to the Phase 77 III development agreement which provides as follows: 78 I. Modifications to Existing Phase I II Project Documents consistent with 79 this Ordinance 80 A. Modifications to Phase III financed by Tax Increment Financing 81 Funds: 82 1) increase the guaranteed maximum price of the to 7-12 83 Bridge by $250,000 to $1,750,000 84 2) increase in the guaranteed maximum price of the 85 Conference Unit by $500,000 to $8,043,998 86 3) increase interest costs pursuant to the existing 87 development agreement by $355,000 88 B. Modifications to Phase III financed by ComIT CIP funds 89 4) provide for acquisition of a 911 Room for an amount not 90 to exceed $219,000 91 C. Modifications to Phase III — Transfer of Funds 92 5) replace the Developer's obligations relating to the 93 development of Block 9 with an obligation to develop 94 Block 5 95 6) authorize the transfer of $475,000 programmed for 96 infrastructure improvements on Block 9 to $200,000 of 97 infrastructure improvements for Block 6 and $275,000 98 of infrastructure improvements for Block 5 99 II. Beacon Exchange Agreement 100 A. Authorize an exchange with CBC of Block 2 of the Town Center 101 for 15,000 square feet of improved office space in Block 7 with the following 102 costs and financing arrangements: 103 1) Costs of the Exchange 104 a) expend an amount not to exceed $945,000 to 105 improve 15,000 square feet of the Block 7 West 106 Retail 107 b) exchange that improved space ($1,680,000 108 (space) plus $945,000 (improvements)), plus 109 $1,635,000 cash payment, 110 c) five (5) parking spaces in the Block 7 Parking 111 Garage valued at $115,000 112 d) $300,000 EDIP Grant award for moving 113 expenses for Block 2 114 2) The total exchange, excluding the $300,000 EDIP 115 Grant, to be financed by a bank loan; the loan to be 116 retired in full by an agreement by Armada/Hoffler 117 Development Company to purchase the Block 2 land 118 and the residual office space in Block 7 within 36 119 months of the exchange. 120 2. On behalf of the City of Virginia Beach, the. City Manager and the City 121 Attorney are hereby authorized and directed to proceed with the preparation of any 122 documents necessary and appropriate to implement the modification of the Phase III 123 Project Documents (the "Phase III Modification Documents") consistent with the provisions 124 herein. 125 3. The City Manager, or his designee, is authorized to execute and deliver any 126 Phase III Modification Documents to which the City is a necessary party, so long as such 127 Phase III Modification Documents are consistent with the provisions herein and are 128 acceptable to the City Manager and the City Attorney. 129 4. The City Manager, or his designee, is authorized to execute and deliver any 130 Block 2 Documents to which the City is a necessary party so long as such Block 2 131 Exchange Documents are consistent with the provisions herein and are acceptable to the 132 City Manager and the City Attorney. 133 5. The City Council requests and recommends that the Authority adopt a 134 Resolution consistent with this Ordinance approving and authorizing the execution of the 135 Second Modification of the Phase III Project Documents, the Block 2 Exchange documents 136 and any other documents necessary for the implementation of those transactions. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2007. APPROVED AS TO CO LEGAL SUFFICIENCY City Attorney CA10461 R-5 7/12/07 APPROVED AVAILABILITY OFFUNDS -A, A I ZZA owl' ffl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for one year with Tidewater Regional Group Home Commission, a public body corporate established pursuant to Virginia Code §16.1-315 et seq., for 4,080 square feet of City -owned land located at 2293 Lynnhaven Parkway in the City of Virginia Beach MEETING DATE: July 17, 2007 ■ Background: Tidewater Regional Group Home Commission, a public body corporate established pursuant to Virginia Code §16.1-315 et seq. ("TRGHC") would like to lease 4,080 square feet of property from the City of Virginia Beach (the "City") located at 2293 Lynnhaven Parkway in the City of Virginia Beach (the "Property"). TRGHC would use the Property for a transitional living program providing residential housing for juvenile offenders. TRGHC (and its predecessors) has been leasing this property from the City for approximately 30 years. This item was deferred by City Council on July 10, 2007. ■ Considerations: This lease would be for a term of one (1) year, and the City has a thirty -day (30) termination option. The terms and conditions governing the behavior of the residents of the Property are set forth in the Lease itself and Memoranda of Understanding between TRGHC and the City and TRGHC and the City of Virginia Beach Police Department ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve terms of the Lease Agreement as presented, after terms of the proposed Lease Agreement or deny leasing of subject premises. ■ Recommendation: Approval ■ Attachments: Ordinance Summary of Terms Location map Recommended Action: Approval Submitting Department/Agency: Management�-acilities Management Office City Manage . 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE FOR ONE YEAR WITH 3 TIDEWATER REGIONAL GROUP HOME 4 COMMISSION, FOR 4,080 SQUARE FEET OF CITY- 5 OWNED LAND LOCATED AT 2293 LYNNHAVEN 6 PARKWAY IN THE CITY OF VIRGINIA BEACH 7 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 10 parcel of land located at 2293 Lynnhaven Parkway in the City of Virginia Beach (the 11 "Property"). The City desires to lease 4,080 square feet of the Property as set forth 12 on Exhibits A and B (the "Premises"); 13 14 WHEREAS, Tidewater Regional Group Home Commission, a public body 15 corporate established pursuant to Virginia Code §16.1-315, et seq., ("TRGHC") has 16 agreed to lease the Premises from the City for one year with an annual lease 17 payment of One Dollar ($1.00). 18 19 WHEREAS, TRGHC has leased the Premises from the City for approximately 20 30 years; 21 22 WHEREAS, the Premises will be utilized as a transitional living program 23 house providing residential housing for juvenile offenders and for no other purpose. 24 25 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Manager is hereby authorized to execute a lease for the term of 29 one (1) year, between Tidewater Regional Group Home Commission, a public body 30 corporate established pursuant to Virginia Code §16.1-315, et seq., ("TRGHC") and 31 the City, for the Premises in accordance with the Summary of Terms attached hereto 32 and such other terms, conditions or modifications as may be satisfactory to the City 33 Manager and the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the 36 day of , 2007 CA 10314 V:\apphcations\citylawprod\cycom32\Wpdocs\DO27\PO02\000361 I I . DOC R-1 June 28, 2007 APPROVED AS TO L SUFFICIENCYA6 FO City Attorney APPROVED AS -TO CONTENT Signature - lom 5z2ei��/' �11' 5 m d Department EXHIBIT A The Premises are a part of the property identified as GPIN: 1475-35-2438 and generally known as 2293 Lynnhaven Parkway and are more particularly shown as the shaded area on the map on Exhibit B and extend from the access road on the east to the tree line on the west and from the fence on the north to Lynnhaven Parkway on the south. SUMMARY OF TERMS LEASE FOR THE USE OF 4,080 SQUARE FEET OF CITY REAL PROPERTY LESSOR: City of Virginia Beach LESSEE: Tidewater Regional Group Home Commission PR0MSES: Approximately 4,080 square feet of City property located at 2293 Lynnhaven Parkway in the City of Virginia Beach TERM: July 1, 2007 through June 30, 2008 RENT: Rent shall be one dollar ($1.00). RIGHTS AND RESPONSIBILITIES OF TIDEWATER REGIONAL GROUP HOME COMMISSION: • Will use the Premises for a transitional living program providing residential housing for juvenile offenders and for no other purposes. • Will comply with all terms, conditions and reporting requirements regarding the behavior of the residents set forth in the Lease and Memoranda of Understanding between TRGHC and the City, attached as Exhibit 1, and TRGHC and the City of Virginia Beach Police Department, attached as Exhibit 2. • Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. • Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease, including Virginia Beach Code Section 23-59. RIGHTS AND RESPONSIBILITIES OF THE CITY: Will have access to the Premises at any time, without prior notice, in the event of an emergency. • Will have the right to require Tidewater Regional Group Home Commission to surrender possession and control of the Premises to the City upon forty-eight (48) hours notice in the discharge of its powers, purposes, or responsibilities. • Will have the right to grant easements and rights of way across, in, under and through the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: The City may terminate the Lease anytime -prior to June 30, 2008 upon providing thirty (30) days written notice to Tidewater Regional Group Home Commission. V :\applications\citylawprod\cycom32\W pdocs\D027\PO02\00036112.DOC TIDEWATER REGIONAL GROUP HOME COMMISSION 2404 Airline Boulevard, Portsmouth, Virginia 23701 Telephone: (757) 488-9161 • Fax: (757) 488-9652 MEMORANDUM OF UNDERSTANDING Between the City of Virginia Beach and Tidewater Regional Group Home Commission July 1, 2007 The intent of this memorandum is to establish guidelines which will enhance the level of communication between the City of Virginia Beach ("City") and the Tidewater Regional Group Home Commission ("TRGHC"). TRGHC operates residential programs for youth at two City locations: 2293 Lynnhaven Parkway (Transitional Living Program) and 811 13th St. (Crisis Intervention Home). TRGHC will report the following information to the City Manager's Office: 1. Any incidents involving active program clients committing crimes against citizens or property and/or any incidents that have the potential for media coverage. 2. Any plans to change the mission of a program, to close a program or to change the target population to be served. 3. Any sanctions by regulatory authorities. 4. Any founded child protective services reports against staff of the facilities. 5. Injury or illness (requiring hospitalization) or death of a program resident. 6. Any legal action taken against the program or TRGHC. 7. Any disputes between TRGHC facilities and the adjoining neighbors or neighborhood associations. 8. Damage to the buildings or property caused by fire, flood, vandalism, natural or man-made disasters. The City will inform TRGHC of the following: 1. Potential changes in city property uses that may impact a TRGHC program. 2. Budgetary and/or funding decisions which will change local government's level of support for juvenile justice services. Cities of Chesapeake • Franklin • Portsmouth • Suffolk & Virginia Beach and Counties of Isle of Wight & Southampton 3. Economic development initiatives which will change the neighborhood environments in which TRGHC operates. The above examples are not intended to be all inclusive but cover major areas needing direct communication. It is agreed that the City's Chief of Staff and the Executive Director of TRGHC will hold a face to face meeting at least annually to review areas of mutual interest and to address any pending issues. �Z/� Linda S. Filippi Date Executive Director, TRGHC G �G�C �%/• ��LlC2 �rf/Lt & Susan D. Walston Dat Chief of Staff, City of Virginia Beach EXHIBIT 2 Memorandum of Understanding between the Virginia Beach Police Department (VBDP) and Transitional Living Program (TLP), a program operated by the Tidewater Regional Group Home Commission (TRGHC) June 20, 2007 This Memorandum of Understanding will provide protocols for communication and collaboration between the Transitional Living Program (TLP) and the Virginia Beach Police Department (VBPD) to maximize community safety. TLP will evaluate their current selection process to ensure enhanced screening of applicants. This will include additional layers of review of applicants by TRGHC Deputy Director and/or Executive Director for referrals involving felony crimes against persons (i.e. malicious wounding). Effective March 16, 2006, all new admissions into the TLP will be placed on electronic monitoring using real-time GPS tracking for a minimum of the first 30 days. Release from the monitoring will be contingent on the youth making a satisfactory adjustment with no major program rule violations. Monitoring will include the exclusion of youths from those areas with high crime patterns and gang activity. Residential areas surrounding the Transitional Living Program will also be included in the exclusion zones. Records of the GPS monitoring are available indefinitely for subsequent review should the whereabouts of any of the residents need to be ascertained during monitoring or after it has been discontinued. TLP will continue to use metal detector wands to check for weapons on both the youth and their rooms TLP has increased the use of vehicle transportation for youths going to jobs, school, etc. to reduce foot traffic by program residents in the neighborhood The VBPD will inform TLP of potential problem areas, crime trends, and gang activity around the TLP. TLP will also use iPRO (Electronic Police Reports) to identify potential problem areas. TLP will then restrict youths from these areas. TLP will monitor video surveillance cameras around the TLP and provide logs of activity to VBPD when requested. TLP will notify VBPD of youths who are AWOL or have generated GPS alerts The VBPD 4th Precinct will visit TLP every 4-6 weeks to interact with youth and "humanize" the police. Also provides opportunity for PD to become familiar with youths. In addition, an officer of the VBPD 4th Precinct will communicate with the program's administration on- a bi-weekly basis for updates on the current population. TLP will notify VBPD, 4th Precinct of all new admission and those who exit from the program A representative from the Transitional Living Program will attend VBPD 4th Precinct CAC meetings to observe and listen to citizen concerns in the Precinct TLP and VBPD will exchange information on -any suspicious behavior involving youths within the confines of current privacy legislation._ Linda S. Executive Director Date F. tr e5�'-Z s' -O -7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $4,000,000 Between Various School Capital Projects for FY 2007-08 MEETING DATE: July 17, 2007 ■ Background: The School Board's adopted CIP- included various transfers between various School Capital Projects for FY 2007-08. These transfers were cited in the FY 2007-08 Adopted Biennial Resource Management Plan (page 25), but these were inadvertently omitted from the CIP ordinance. ■ Considerations: The adopted total appropriation amount for the School Capital Budget is correct, but appropriations within certain projects do not reflect the School Board's requested amounts. These transfers generally involve re -allocating surplus funds from projects (some due to lower construction bids or less site acquisition required) to higher priority projects. No further School Board action is required. ■ Public Information: Information will be disseminated to the public through the normal Council agenda process through the advertisement of City Council agenda. ■ Recommendations: It is recommended that the City Council adopt this ordinance. ■ Attachments: Ordinance. Recommended Action: Approve ordinance Submitting Department/Agency: Management Se City Manager: IL 436tat 1 AN ORDINANCE TO TRANSFER APPROPRIATIONS 2 BETWEEN VARIOUS SCHOOL CAPITAL PROJECTS 3 WITHIN THE FY 2007-08 SCHOOL CAPITAL BUDGET 4 WHEREAS, the School Board's adopted CIP included transfers between various 5 School capital projects with the FY 2007-08 School Capital Budget, and these were 6 inadvertently omitted from the adopted FY 2007-08 CIP. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That $4,000,000 of appropriations, along with estimated revenues, within the 12 School's Capital Improvement Program is transferred as shown below: 13 14 Transfer To: FY 07-08 15 16 1-082 Alternative Education Facility -Phase 1 $ 300,000 17 1-085 Alternative Education Facility -Phase II $1,200,000 18 1-099 Renovations & Replacements- Grounds Phase II $ 350,000 19 1-232 Tennis Court Renovations $ 150,000 20 1-235 Windsor Oaks Elementary School Replacement $2,000,000 21 22 Total $4,000.000 23 M 24 Transfer From: 25 26 1-018 Newtown Road Elementary School Replacement $ 750,000 27 1-075 Elementary School 2007-08 $ 750,000 28 1-078 School Bus Garage Facility Replacement/Expansion $ 500,000 29 1-234 Virginia Beach Middle School Replacement $2,000,000 30 31 Total $4,000.000 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 34 of , 2007. APPROVED AS TO CONTENT: Managerdent Pervices CA10458 R-2 July 11, 2007 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $450,000 from the United States Department of Homeland Security to the Police Department's FY 2007- 08 Operating Budget for the Purchase of Two 34' Police Patrol Vessels and a Triple Axle Trailer MEETING DATE: July 17, 2007 ■ Background: The 2007 Port Security Grant Program is funded by the United States Department of Homeland Security as part of the 2007 Infrastructure Protection Program. The purpose of the funding is to enhance the ability to prevent, detect, respond to and recover from attacks on the port systems. The Port Security Grant Program will fund the purchase of two aluminum hull rigid inflatable boats equipped with twin 275 four-stroke outboard engines, and related equipment. This grant will also fund the purchase of a 12,000 Ib. capacity triple axle trailer. This equipment will allow the VBPD to more effectively patrol security zones within the Port of Hampton Roads, improve dive team training, and give assistance to other agencies. ■ Considerations: This grant will allow replacement of vessels in the Marine Patrol fleet that are outdated and ill-equipped, and allow for a year-round law enforcement platform. There is a $150,000 local match requirement for this grant, which is available within the FY 2007-08 Reserve for Contingencies. The balance in the Regular - Reserve for Contingencies account after the Council action will be $1,650,000. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Alternatives: This grant provides funding to address the Police Department's equipment needs. These vessels will be replacing existing vessels that are at the end of their service life and need to be removed from the City's inventory. ■ Recommendations: It is recommended that Council accept and appropriate the grant award of $450,000 for the purchase of two 341 Police patrol vessels. ■ Attachment: Ordinance and Award Allocation Announcement Recommended Action: Approval Submitting Department/Agency: Police Department -0 City Manager. �, n 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $450,000 2 FROM THE UNITED STATES DEPARTMENT OF 3 HOMELAND SECURITY TO THE POLICE DEPARTMENT'S 4 FY 2007- 08 OPERATING BUDGET FOR THE PURCHASE 5 OF TWO 34' POLICE PATROL VESSELS AND A TRIPLE 6 AXLE TRAILER 7 8 WHEREAS, the Police Department has identified $150,000 within the FY 2007-08 9 Reserve for Contingencies for the cash match for the purchase of two 34' Police Patrol 10 vessels and a triple axle trailer; and 11 - 12 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That $450,000 is hereby accepted from the United States Department of Homeland 16 Security and hereby appropriated to the Police Department's FY 2007-08 Operating 17 Budget for the purchase of two 34' Police patrol vessels and a triple axel trailer, with 18 federal revenue increased accordingly. 19 20 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 21 , 2007. 22 23 Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: anagem t S rvices CA10451 R-2 July 3, 2007 APPROVED AS TO LEGAL SUFFICIENCY: �d City Attorney's Off Fiscal Year 2007 Port Security Grant Program (PSGP) Award Allocation, Tiers 1, 2, 3, 4 May 2007 611i BFAC :2 5j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $45,000 from the Department of Homeland Security to the Fire Department's FY 2007-2008 Operating Budget for the Citizen Corps Council MEETING DATE: July 17, 2007 ■ Background: The Citizen Corps Council (CCC) and Community Emergency Response Team (CERT) programs were established in the summer of 2002 as part of the Homeland Security initiative. The local CCC is a committee supporting the CERT program, the Medical Reserve Corps and the Neighborhood Watch program. These programs all utilize volunteers as their primary workforces and interact with various City departments. The CERT utilizes local volunteers to support community emergency preparedness efforts and provide basic emergency intervention. The use of CERT volunteers during Hurricane Isabel in September 2003 was widely applauded as an effective extension of City services. CERT volunteers offer residents assistance to prepare for and deal with the effects of a disaster. The ongoing disasters created by Hurricane Katrina and Rita are visible examples of events that utilize extensive CERT resources. ■ Considerations: This grant is awarded by the Department of Homeland Security and provides funding to continue the Virginia Beach CCC and CERT programs for a fifth year. Funding supports recruitment and advertising activities, training of CERT volunteers, and providing basic personal protective equipment and supply kits to successful CERT graduates. Over 250 people have been trained as CERT volunteers. CERT Team coordinators plan to recruit 100 new volunteers in the coming year. Funding for CCC supports local planning efforts covering the broader umbrella for all volunteer -based homeland security programs. ■ Public Information: Public Information will be handled through the normal council agenda process. ■ Attachments: Ordinance Recommended Action: Approve Submitting Department/Agency: Fire Department City Manager. t�- . 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $45,000 FROM THE DEPARTMENT OF HOMELAND 3 SECURITY TO THE FIRE DEPARTMENT'S FY 2007-08 4 OPERATING BUDGET FOR THE CITIZEN CORPS 5 COUNCIL 6 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1) That $45,000 in additional federal revenue is hereby accepted from the 12 Department of Homeland Security and appropriated to the FY 07-08 13 Operating Budget of the Fire Department to cover costs associated with the 14 Citizen Corps Council; and 15 16 2) That estimated revenue from the Federal Government in the FY 2007-08 17 operating budget is increased by $45,000. 18 19 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 20 , 2007. 21 22 Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: Managemerd Se ices CA10453 R-3 July 5, 2007 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office % ���Mwvf�a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $233,000 from the FY 2007-08 Reserve for Contingencies to CIP Project #3-359 — Building Modernization, Renewals and Replacements (Partial) for Renovations to the Old Holding Cells and the Installation of a Fire Suppression System in the Public Safety Building MEETING DATE: July 17, 2007 ■ Background: CIP Project #3-359 - Building Modernization, Renewals and Replacements (Partial) was created in the FY 2005-06 CIP Budget to address building issues where modernization, renewal and/or replacements have been identified for smaller facilities. The first project planned was the renovation of the ground floor of the Police Department's Public Safety Building at the Municipal Center, with an estimated cost of $590,000. The project was designed to construct a large meeting/training area to accommodate a minimum of 60 people, a small kitchen area, and other renovations needed to make the ground floor of the building more suitable for the storage of property and evidence. The construction portion of this project was bid, and the lowest responsive bid was $233,000 more than budgeted. Items causing this overrun included the fire suppression system, with a cost of $166,000. This system was added after the original scope of work was developed. Also, the renovation of the old holding cells into more efficient storage areas was added, at an additional cost of $67,000. ■ Considerations: This funding will allow for the necessary renovations of the Public Safety Building. Funding is available within the FY 2007-08 Reserves for Contingencies. The balance in the Regular - Reserve for Contingencies account after the Council action will be $1,417,000. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Alternatives: The department could reduce the scope of the project to eliminate the need for additional funding. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Aency: Police Department % City Manager: 7, , 1 AN ORDINANCE TO TRANSFER $233,000 FROM THE FY 2 2007-08 RESERVE FOR CONTINGENCIES TO CIP 3 PROJECT #3-359 — BUILDING MODERNIZATION, 4 RENEWALS AND REPLACEMENTS (PARTIAL) FOR 5 RENOVATIONS TO THE OLD HOLDING CELLS AND THE 6 INSTALLATION OF A FIRE SUPPRESSION SYSTEM IN 7 THE PUBLIC SAFETY BUILDING 8 WHEREAS, the Police Department has identified $233,000 within the FY 2007-08 9 Reserve for Contingencies for renovations to the old holding cells and the installation of a 10 fire suppression system related to the renovation of the ground floor of the Public Safety 11 Building Renovation Project. 12 13 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That $233,000 is hereby transferred from the FY 2007-08 Reserve for 17 Contingencies to CIP #3-359 — Building Modernization, Renewals and Replacements 18 (Partial) for renovations to the old holding cells and the installation of a fire suppression 19 system related to the renovation of the ground floor of the Public Safety Building 20 Renovation Project. 21 22 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 23 , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Manage ent ervices CA10455 R-2 July 5, 2007 City Attorney's OfficO rte: r�i. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $137,000 from the Oyster Heritage Trust Fund to the Department of Planning and Community Development FY 2007-08 Operating Budget for the Construction of Oyster Reefs in the Lynnhaven Watershed and to Continue the Oyster Shell Recycling Program MEETING DATE: July 17, 2007 ■ Background: The City of Virginia Beach established an Oyster Heritage Trust Fund for the purpose of collecting donations dedicated to the restoration of oyster habitat and oysters in the Lynnhaven River watershed. To date, the Oyster Heritage Trust has received a total of $479,529 in private donations. In conjunction with the Trust Fund, the Department of Planning and Community Development has developed an Oyster Heritage Plan with the assistance of various agencies of the Commonwealth of Virginia, the U.S. Army Corps of Engineers, NOAA, Lynnhaven River NOW, and the Chesapeake Bay Foundation. A total of $168,000 has been appropriated to date from the Trust Fund to develop the plan and has resulted in the identification of multiple sites in the Lynnhaven River watershed for construction and seeding of oyster reefs. These efforts began in the summer of 2002 and have resulted in the construction of over 10 acres of oyster habitat. The U.S. Army Corps of Engineers has acquired federal Chesapeake Bay oyster restoration funding for the next two fiscal years, exceeding $2 million and dedicated to the Lynnhaven watershed. Concurrently, the Lynnhaven River NOW group has obtained a grant to construct an additional reef in the Lynnhaven River watershed and has developed a model oyster shell recycling program in partnership with the City, the first of its kind in the Commonwealth. ■ Considerations: City staff has been working to develop a cost sharing arrangement as part of the Oyster Heritage Plan which accomplishes multiple outcomes. First, the completion of previous oyster reef projects established a sound model for future oyster reef restoration efforts in the Lynnhaven watershed. Second, the ongoing Oyster Heritage Plan represents a significant effort by the City to continue to address restoration of the environmental quality of the Lynnhaven River watershed and shows local commitment to achieving the objectives of the Chesapeake 2000 agreement. This agreement is dedicated to restoring the health of the Bay. Third, this year's proposed oyster heritage projects link directly to an integrated strategy that is being developed for environmental restoration of the Lynnhaven by working to prioritize restoration efforts for areas of the watershed that exhibit the least severe water quality problems. As a result of new research, the Lynnhaven watershed has been recognized as a prime spot for oyster restoration for the entire Chesapeake Bay because it is a trap estuary with high salinity, had historically high populations of native oysters, and has considerably higher oyster recruitment today than many other sites in the Chesapeake Bay. This year's project consists of three parts: (1) The continuation of a pilot oyster shell education and recycling program initiated last year between the Lynnhaven River NOW community watershed organization and local restaurants to reclaim shell destined for the City landfill for reuse in creating additional oyster habitat after proper curing; (2) Providing funding assistance to the Lynnhaven River NOW organization for the construction of reef as habitat for native oysters adjoining one of the marsh islands near Long Creek channel in Lynnhaven Bay (see attached map of project location), anticipated to be completed this year; and (3) Providing funding assistance to the Virginia Marine Resources Commission which will provide cash matching funds to augment the Commonwealth's match of oyster shell to the Corps of Engineers to undertake the construction of approximately 111 acres of reefs as habitat for native oysters in the Lynnhaven (see attached map of project locations). Construction of the reefs using fossilized oyster shell is expected to begin in July or August 2007. The reefs will be seeded with wild stock Lynnhaven spat -on -shell oysters in later summer 2007, and the Corps anticipates that the first spat set will occur in 2008. The total cost of this year's proposed Oyster Heritage projects in the Lynnhaven River watershed is $137,000. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Alternatives: Alternatives to this approach considered by staff included a "No Action Alternative" and several less comprehensive oyster reef project alternatives. These alternatives were not deemed to accomplish the intent of the project inasmuch as they were less likely to garner strong support at the state or Corps level, were less likely to best utilize available funding assistance, or because they did not allow for accomplishing multiple outcomes. ■ Attachments: Ordinance and Maps (2) Recommended Action: Approval Submitting Department/Agency: Department of Planning and Community Developme City Manager: r )L, t'��L 1 AN ORDINANCE TO APPROPRIATE $137,000 FROM THE 2 OYSTER HERITAGE TRUST FUND TO THE DEPARTMENT 3 OF PLANNING AND COMMUNITY DEVELOPMENT FY 2007- 4 08 OPERATING BUDGET FOR THE CONSTRUCTION OF 5 OYSTER REEFS IN THE LYNNHAVEN WATERSHED AND 6 TO CONTINUE THE OYSTER SHELL RECYCLING 7 PROGRAM 8 9 WHEREAS, the City wishes to provide $137,000 from the Oyster Heritage Trust 10 Fund to support the efforts of increasing oyster habitat in the Lynnhaven River watershed 11 and continuing the oyster shell recycling program being undertaken by the U.S. Army 12 Corps of Engineers, the Virginia Marine Resources Commission and Lynnhaven River 13 NOW 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 That $137,000 is hereby appropriated from the Oyster Heritage Trust Fund to the 19 Department of Planning and Community Development's FY 2007-08 Operating Budget for 20 the construction of Oyster Reefs in the Lynnhaven River watershed, and to continue the 21 Oyster Shell Recycling Program. 22 23 Requires an affirmative vote by a majority of the members of the City Council. 24 25 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 26 , 2007. APPROVED AS TO CONTENT: anage ent Services CA10452 R-2 July 3, 2007 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office L y'1y�N.fiJ J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $38,521 from the Virginia Aquarium and Marine Science Center Foundation to the FY 2007-08 Operating Budget of the Virginia Aquarium Special Revenue Fund to Provide Record Keeping Services for the Living and Non -Living Object Collection MEETING DATE: July 17, 2007 ■ Background: The Virginia Aquarium & Marine Science Center has over 5,000 live animals and hundreds of non -living objects in its collection. Professional standards require extensive record keeping from the moment an animal or object is received, until its final disposition is settled. For the animal collection, records on an animal's origin, behavior, feeding, medications, veterinarian exams, training, and necropsy results (when appropriate) are kept. In the beginning, curators kept records for their own areas, and as a result much variation existed in the documentation. Accurate records are necessary for accreditation in professional organizations such as the Association of Zoos & Aquariums and the Alliance of Marine Mammal Parks and Aquariums. ■ Considerations: As both the animal and object collection are owned by the Virginia Aquarium & Marine Science Center Foundation, the person responsible for accurate collection records, the Registrar, is devoted entirely to Foundation interests, and is therefore funded by the Foundation. Over the past few years, the Foundation has employed a part-time person to manage and maintain these essential records. While the system of record keeping has been stabilized, there is still much work to be done. Nearly 100 pages of records are produced each week at the Aquarium. The renovation will place even more demands on the Registrar, as exotic species with more stringent record requirements will be introduced for the first time into the collection. This existing part-time position has become invaluable to the Foundation and the Aquarium, as it is in all major zoos and aquariums. The need is apparent to hire a full-time individual to manage the Aquarium's growing collection records and to meet the professional record keeping standards set forth by professional organizations. The Department of Museums requests that one Exhibits Technician I be added to their FY 2007-08 budget. Since all salary and associated benefit costs ($38,521) will be reimbursed by the Foundation, this request represents no cost to the City. This position will continue regardless of funding sources through Foundation revenues. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Approval of additional FTE for record keeping services as an Exhibits Technician 1. ■ Attachments: Ordinance and Commitment letter from Foundation Recommended Action: Approval of ordinance ` Submitting Department/Agency: Department of Museums City Manager. � �Oft 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $38,521 FROM THE VIRGINIA AQUARIUM AND 3 MARINE SCIENCE CENTER FOUNDATION TO THE 4 FY 2007-08 OPERATING BUDGET OF THE VIRGINIA 5 AQUARIUM SPECIAL REVENUE FUND TO PROVIDE 6 RECORD KEEPING SERVICES FOR THE LIVING 7 AND NON -LIVING OBJECT COLLECTION 8 9 WHEREAS, the Virginia Aquarium and Marine Science Center Foundation ("the 10 Foundation") has pledged to reimburse the City for the cost of one additional full-time 11 exhibits technician in the Virginia Aquarium and Marine Science Center; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 1. That $38,521 in anticipated revenue is hereby accepted from the Virginia 17 Aquarium and Marine Science Center Foundation and appropriated to the FY 2007-08 18 Operating Budget of the Department of Museums for record keeping of living and non - 19 living objects, with revenue from local sources increased accordingly. 20 21 2. That one full-time equivalent exhibits technician position is hereby added to 22 the FY 2007-08 Operating Budget of the Department of Museums, provided that 23 continuing this position in future budget years is contingent upon future funding from the 24 Foundation. 25 26 Requires an affirmative vote by a majority of the members of the City Council. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia on the day 29 of , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA10454 R-2 July 5, 2007 City Attorney's OflVe VIRGINIA AQUARIUM 6 MARINE SCIENCE CENTER April 4, 2007 Mr. Jim Spore, City Manager City of Virginia Beach Municipal Center, Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Dear Mr. Spore, This letter serves as confirmation that the Virginia Aquarium & Marine Science Center Foundation, Inc. (Foundation) guarantees continued funding to the City of Virginia Beach for all costs associated with the full-time Exhibits Technician I position currently requested through the City agenda process. In order to be in compliance with professional collection record keeping standards as well as federal permitting requirements, a full-time Registrar position is needed to manage the Aquarium's growing collection records. The Foundation Executive Committee approved ongoing funding for this position in current and future budget years. I would be happy to discuss this with you further should you have any questions or need additional information. Thank you. Wid Regards, Mr. Tho E. Fr 'm, resident VIRGINIA AQUARIUM & MARINE SCIENCE CENTER FOUNDATION 717 GENERAL BOOTH BOULEVARD, SUITE 1, VIRGINIA BEACH, VIRGINIA 23451 phone 757-437-6010 • fax 757-437.4975 K. PLANNING 1. Applications of VIRGINIA BEACH CITY PUBLIC SCHOOLS (VBSPC) for the discontinuance, closure and abandonment of the following portions of streets: DISTRICT 6 — BEACH a. 25th Street west of Cypress Avenue b. Parks Avenue at 24th Street and 25th Street c. Alleys on the east of Parks Avenue, north of 24th Street and south of 25th Street d. Alleys east of Cypress Avenue, west of Mediterranean Avenue, east of Cypress Avenue, north of 24th Street, south of 25th Street RECOMMENDATION STAFF RECOMMENDATION APPROVAL INDEFINITE DEFERRAL 2. Application of UNION BAPTIST CHURCH for a Modification of Conditions of a Conditional Use Permit (approved by City Council on October 17, 1995 and modified on March 22, 2005) re addition of a sanctuary instead of a multi-purpose center on the north side of the existing structure at 4608 South Boulevard DISTRICT 3 — ROSE HALL RECOMMENDATION APPROVAL 3. Application of NEW BEGINNINGS OUTREACH MINISTRIES, INC. for a Conditional Use Permit re a church at 1409-B Lynnhaven Parkway DISTRICT 3 — ROSE HALL RECOMMENDATION APPROVAL 4. Ordinances to AMEND the City Zoning Ordinance (CZO): a. §§111, 203, 211, 230, 401, 403, 501, 601, 801, 901, 1001, 1125, 1511, 1521 and 1531 re combining Lodges, Community Centers, Private or Athletic Clubs, Auditoriums, Arenas, Civic or Cultural Centers, Social Centers, Eleemosynary Establishments, Assembly Halls, Union Halls, and Bingo Halls as Assembly Uses and combining Churches, Monasteries, and Convents as Religious Uses and making both uses Conditional in the Zoning Districts where they are allowed and DEFINING Storefront Religious Uses and making them permitted uses in the B-2 Business District b. §§234, 401, 501, 601, 901, 1511, 1521 and 1531 re Home Occupations to exclude the sale, service or repair of firearms and DELETING radio or television repair shops as an excluded use RECOMMENDATION APPROVAL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, .July 17, 2007 at 6:00 p.m., at which time the following applications will be heard: DISTRICT 6 - BEACH Virginia Beach City Public Schools for the discontinuance, closure and abandonment of a portion of 25th Street beginning n the west side of Cypress I Avenue and extending approximately 560 feet to its terminus. Virginia Beach City Public Schools for the discontinuance, closure and abandonment of a portion of Parks Avenue beginning on the north side of 24th Street to the south side of 25th Street. Virginia Beach City Public Schools for the discontinuance, closure and abandonment of alleys located in Block 135. Plat of Ridgecrest beginning on the east side of Parks Avenue and running 365 feet in an easterly direction and beginning on the north side of 24th Street and extending to the south side of 25th Street. Virginia Beach City Public Schools for the discontinuance, closure and abandonment of alleys located in Block 126, Part of Property of the Virginia Beach Development Authority beginning on the east side of Cypress Avenue and running in an easterly direction to the west side of Mediterranean Avenue, beginning at a point 120 feet east of Cypress Avenue and running in a northerly direction from the north side of 24th Street to the south side of 25th Street, beginning at a point 120 feet west of Mediterranean Avenue from the north side of 24th Street to the south side of 25th Street. DISTRICT 3 - ROSE HALL New Beginnings Outreach Ministries, Inc. Application: Conditional Use Permit for a church at 1409.6 Lynnhaven Parkway (GPIN 1485783134). AICUZ is 65 to 70 dB Ldn. Union Baptist Church Application: Modification of Conditions for a Conditional Use Permit approved by City Council on October 17, 1995 and modified on March 22, 2005 at 4608 South Boulevard (GPIN 1477419298). CITY OF VIRGINIA BEACH Ordinance amending Sections 111, 203, 211, 230, 401, 403, 501, 601, 801, 901, 1001, 1125, 1511, 1521 and 1531 of the City Zoning Ordinance and combining Lodges, Community Centers, Private or Athletic Clubs, Auditoriums, Arenas, Civic or Cultural Centers, Social Centers, Eleemosynary Establishments, Assembly Halls, Union Halls, and Bingo Halls as Assembly Uses and combining Churches, Monasteries, and Convents as Religious Uses and making both uses Conditional in the zoning districts where they are allowed and defining Storefront Religious Uses and making them permitted uses in the B-2 Business District. Ordinance to amend the City Zoning Ordinance Sections 234, 401, 501, 601, 901, 1511, 1521 and 1531 pertaining to Home Occupations by excluding the sale, service or repair of firearms and deleting radio or television repair shops! as an excluded use. All interested citizens are invited to attend Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at http://www.vbgov.com/Ioc For information call 385-4621. if you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Beacon'July 1 & 8, 2007 17216213 0 # I Date. Descri tion Action 1 06/23/01 Street Closure Approved ZONING HISTORY CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 9 r tO s ?si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: In the matter of closing, vacating and discontinuing a portion of that certain street known as 2e Street as shown on that certain plat entitled "EXHIBIT `A' SHOWING A PORTION OF 25th STREET TO BE CLOSED (M.B. 7, PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007". DISTRICT 6 — BEACH - MEETING DATE: July 17, 2007 ■ Background: The applicant, the School Board of the City of Virginia Beach, requests closure of a portion of 25th Street to allow the Virginia Beach Middle School project to proceed. The Virginia Beach Public School system will demolish and replace the existing Virginia Beach Middle School. Apparently, at the time of construction of the existing school and athletic fields, circa 1952, there was no requirement to vacate and incorporate rights -of -ways into a site before construction. ■ Considerations: The Viewers met and determined there will be no public inconvenience if this portion of 25th Street is closed and incorporated into the school site. Staff concludes closure of the rights-of-way, to be incorporated into the proposed redevelopment of Virginia Beach Middle School, is acceptable with the conditions below. The Planning Commission placed this item on the consent agenda because the proposed closures will not result in any public inconvenience and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. [Copies of said policy are available in the Planning Department.] No purchase price shall be charged in this street closure, however, because the School Board of the City of Virginia Beach is the applicant seeking this street closure and has used the property for school purposes for over fifty (50) years. Virginia Beach City Public Schools — 25th Street Closure Page 2of2 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the rights -of -ways shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. City Attorney's Office and also Schools recommend indefinite deferral due to title issues that need to be resolved. Submitting DepartmentfAgency: Planning Department City Manager: k' `t.l VIRGINIA BEACH CITY PUBLIC SCHOOLS Agenda Item 15 June 13, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: Citv of Va Beach Schools A-36 ,_ -.._ ��•,w� .r � v .. �., Vin, �`' �t rr�fs R y . ss fir. a _ Z1p81 L f 12 fly P-F. ZstN�-.sT- - ,u ,vbb)u. ti1.e , reef Closures _Discontinuance, closure and abandonment of a portion of 25th Street beginning on the west side of Cypress Avenue and extending approximately 560 feet to its terminus; a portion of Parks Avenue beginning on the north side of 24th Street to the south side of 25th Street; alleys located in Block 135, Plat of Ridgecrest beginning on the east side of Parks Avenue and running 365 feet in an easterly direction and beginning on the north side of 24th Street and extending to the south side of 25th Street; and, alleys located in Block 126, Part of Property of the Virginia Beach Development Authority beginning on the east side of Cypress Avenue and running in an easterly direction to the west side of Mediterranean Avenue, beginning at a point 120 feet east of Cypress Avenue and running in a northerly direction from the north side of 24th Street to the south side of 25th Street, beginning at a point 120 feet west of Mediterranean Avenue from the north side of 24th Street to the south side of 25th Street. ADDRESS / DESCRIPTION: Property located at 600 25th Street COUNCIL ELECTION DISTRICT: 6 -BEACH SUMMARY OF REQUEST The applicant requests closure of the streets and alleys to allow the Virginia Beach Middle School project to proceed. The Virginia Beach Public School system will demolish and replace the existing Virginia Beach Middle School. Apparently, at the time of construction of the existing school, there was no requirement to vacate and incorporate rights -of -ways into a site before construction. The areas to be closed include existing public alleys within the school site, a portion of 25th Street, and Parks Avenue. Staff has included the proposed site plan and building elevations for the new school at the end of this report. CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Virginia Beach Middle School SURROUNDING LAND North: . 25h Street USE AND ZONING: . Across 25hth Street are Single-family and duplex dwellings South: . 24th Street • Across 24th Street are Single-family and duplex dwellings East: . Mediterranean Avenue • Across Mediterranean Avenue are Single-family and duplex dwellings - West: . City Property / P-1 Preservation District NATURAL RESOURCE AND The site is located within the Resource Protection and Resource CULTURAL FEATURES: Management Areas of the Chesapeake Bay Preservation Area. The proposed development is currently under review in the Development Services Center. AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana. Replacement of the building is considered a permitted nonconforming use. IMPACT ON CITY SERVICES WATER: There are no water lines located within the proposed street closures. SEWER: There are no sewer lines in the areas proposed for closure. PRIVATE UTILITIES: There are no private utilities located within the proposed street closures Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Evaluation: The Viewers met and determined there will be no public inconvenience if the streets and alleyways are closed and incorporated into the site. Staff concludes closure of the rights -of -ways, to be incorporated into the proposed redevelopment of Virginia Beach Middle School, is acceptable with the conditions below. CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 2 CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the rights -of -ways shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final. plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 3 Cl TY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 4 MED/TFRRANEAN A YFNUE (60" RIW) (M. R. 5 PC 103) "'"•a' S 13'53': CITY OF VIRGINIA BEACH GPIN #2417-99-1321 (M.S. 5, PG. 103) aS S 13'53'53' E 190.00' 13'53'53' W 190.00' 0.00' N 76'06'OT E W^ y� CITY OF VIRGINIA BEACH GPIN #2417-99-1321 w (M.B. 5, PG. 103) N CITY OF VIRGINIA BEACH GPIN #2417-99-1321 (M.B. 5, PG. 103) N 1553"53 W 190.00' 10.00' S 76.06'07' 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 3 K k N 13'53'53- W 190.00' N 76'06'07' E o 0 10.00' S 76'06'07' W 3 CITY OF VIRGINIA BEACHW 9c CITY OF VIRGINIA BEACH 6 GPIN 2417-99-1321 $ o # � � GPIN #2417-99-1321 N (M.B. 5, PG. 103) (M.B. 5, PG. 103) $ z n N 3479409.69 ^ 20.00' ti E 72218686.32 z rn N 13'5353' W _1,� 190.00' 190.00' 1 N 73'53'53' W N 1353'53' W H" CITY OF VIRGINIA BEACH CYPRESS A kMUE (60' R/IW) GPIN #2417-69-7221[FORAfERLYCASPIANA!£b ) (M.B. 115, PG. 52) (11ACA iY 7Y 006I C/52�T .9 1963) EXHIBIT 'D' SHOWING PUBLIC ALLEYS OF BLOCK 126 TO BE CLOSED yAre VIRGINIA BEACH, VIRGINIA 1 seV'Z�Ne NA 1,p JANUARY 30, 2007 MSAI P.C. _0 IIELrr Landscape Amhitectt:rc • Plsnning Stn-rcyirg • Enoneering Emimnmenlal Sciences sons soassnalrE,lmcrml:tiaccl, va ztob:-m1s vxo.NT ns74oas2w - s i, (7T'l) o wu JOB# 04005 PLAT RECORDED IN ZONED: R5S DAM- 01-30-07 1 SCALE. 1'-60' OWN BY. JCA (MB 5. PG 103) SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 5 SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 6 25th STREET (110R/W) (M.B. 7 PG. 101) N t � o s Z g N 7698'07- E 4 u E 7 2 21 8142 7 2 CITY OF VIRGINIA BEACH 6 2417-89-3186 am• /j (M.B. 7, PG. 101) M U DENOTES PORTION OF a ® PARKS AVENUE TO BE CLOSED CITY OF VIRGINIA BEACH 0 AREA=24,000 SF 2417-88-1818 OR 0.551 ACRES (D.S. 495, PG. 445) y IC (M.S. 36, PG. 40) O 500' � N34 89 5 1353'55 E E 72278238.80 X6'86' s 7696'07' W -0078.s9, i$ S 7698'OT W EXHIBIT '8' SHOWING 24th STREET 241h STREET (50' RIW) PARKS AVENUE (80' R/W) (FORLlEl7L Y 0 S7RFFT) TO BE CLOSED (B 7, MPG 101) (M. B. 29, PG. 75) (M.S. 7, PG. 101) VIRGINIA BEACH. VIRGINIA JANUARY 30, 2007 MSA, P.f_-. Lsnndscape AmhitecWre -Planning Surveying • Engineering Envirvnmenw Stun= On AOLSEDtt.'+'Z777tGLY2S IIl :CH. Y.7 23562-37C: 3R10K8(757)490.976+ • FAX (757)490.0.54 JOB/ 04005 PLAT RECORDED IN ZONED: R5S DATE: 01-30-07 1 SCALE 1--50' DAN BY: JCA I (MB 7, PG 101) SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 7 C4 W� v N CITY OF VIRGINIA BEACH GPIN #2417-89-7221 (M.B. 115, PG. 52) E CYPRESS AWME (60' R1,W FORMERLY CASP/AN AKEV . (VA CA D BY C17Y COUNC/L SEPT. 9, 1963) 7353'53' E (.(LB. 115, PC. 52) CITY OF VIRGINIA BEACH GPIN #2417-89-3186 (M.B. 7, PG. 101) CITY OF VIRGINIA BEACH CPIN #2417-89-3186 (M.B. 7, PG. 101) N 1353'53' W 195.00' S� °P� =+�mte • PL^aping Sarreyyng • £n�aet:ring EnYironmenta7 Scien«s 10.00' ♦� S 76'06'07' W ., 1 JANUARY 30, 2007 (Hq�� ka0 tF N�l Wp. CITY OF VIRGINIA BEACH h m GPIN #2417-89-3186 (M.B. 7, PG. 101) N ®DENOTES PORTION OF PUBLIC ALLEYS TO BE CLOSED AREA -7,65D SF OR 0.176 ACRES 9/ n 1335"83• w 195.00' 1{.VA 19$.00, N 133353 w PAWS AWME (60' R/ If/ N 1353'53' (PAPER 77RE£T) (M.B. 7 PC 701) PUBLIC EXHIBIT ALLEYS G OF BLOCK 135 TO BE CLOSED" S� °P� =+�mte • PL^aping Sarreyyng • £n�aet:ring EnYironmenta7 Scien«s (M.B. 7, PG. 101) sT Jw.A VIRGWIA BEACH, VIRGINIAi7g373 IONA JANUARY 30, 2007 (Hq�� ka0 SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 8 S� °P� =+�mte • PL^aping Sarreyyng • £n�aet:ring EnYironmenta7 Scien«s JOJ06# 04005 VA 23(6:.7:'08 8CJ3 R6CGP DEnc, YIxGLW OSYCN,,<0-06x PHGYE 757 �96.9I6, PAY 1>8i ZONED, R55 I DATE: 01-30-07 SCALE: 1'.60' DwN BY. JCA PIAT RECORDED IN I (UR 7 SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 8 t •moi - CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 10 Z gyp}S" ._,:, ,. P •S ail T - £ / I j 1 170 ZI ILI/✓ W A .w»e t t, 5. ,caz e.w�emtw mw:«r t •moi - CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 10 }L�_��•._��`�-�T���� gyp}S" P •S ail T - t •moi - CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 10 Z Lu z liJ ui 0 P uj LLJ I.— -a 0 0 u (4 uj —a 403 z 0 > uj uj uj Lu (J-) z 0 CA. 0 r yrs 084 -01 Mi; PROPOSED BUILDNG ELEVATION CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 11 rm ae tu 'r— s ui ui Ill Z > LuAa i uj LLJ ui gf -a 0 0 u (4 uj —a 403 z 0 > uj uj uj Lu (J-) z 0 CA. 0 r yrs 084 -01 Mi; PROPOSED BUILDNG ELEVATION CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 11 NOIZU'JI'IddV HRSOD Z21HZS :z 4 �z 3 LLJ ca 0 L t: ti axnso�) ia�xis uoi�.v�TTaav CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 12 0 0 L ti t 7 axnso�) ia�xis uoi�.v�TTaav 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 7 11-02 59 (cell) Chairman July 1, 1998 - December 31, 2008 495-3551 (home) 1513 Beachview Drive 495 9576 (fax) dedwscolLd<aaoLcom Virginia Beach, VA 23464 Mrs. Rita Sweet Bellitto At -Large 418-0960 (cell) Vice -Chairman July 1, 2004 - December 31, 2008 sweet4schoolstjearthllnk.net P.Q. Box 6448 Virginia Beach, VA 23456 Mr. Todd C. Davidson 2424 Savaruiah Trail Virginia Beach, VA 23456 Mrs. Emma L. ""Em" Davis 1125 Michaehvood Drive Virginia Beach, VA 23452 Mrs. Patricia G. Edmonson 401-205 Barbour Point Virginia Beach, VA 23451-1130 Mr. Edward F. Fissinger, Sr. 412 Becton Place Virginia Beach, VA 23452 Mr. Dan R. Lowe 4617 Red Coat Road Virginia Beach, VA 23455 Mr, Lyndon S. Remias 3225 Nansemond Loop Virginia Beach, VA 23456 Ms. Sandra Smith -Jones 705 Rock Creek Court Virginia Beach,'VA 23462 Mr. Michael W. Stewart 105 Brentwood Court Virginia Beach, VA 23452 At -Large July 1, 2006 - December 31, 2010 District 5 - lynnhaven July 1, 2002 - December 31, 2010 District 6 - Beach July 1, 2006 - December 31, 2010 At -Large July 1, 2004 - December 31, 2008 District 4 - Sayside July 1, 1998 - December 31, 2010 427-3330 (office) 285-9409 (cell) 430-6447 (fax -office) tcdavi@verizon.net 340.8911 (home) 340-1981 (fax) edavis209Cacox.net 428-5240 (home) 433-1987 (fax) Pat_,;choolboard@hotmail.com 486-4567 (home) 216-3887(fax) ed.fissinger@verizon.net 490-3681 (home) 490-9615 (fax) drlowe2345@aol.com District 7 - Princess Anne 630-6102 (cell) July 1, 2006 - December 31, 2010 Lremias@yahoo.com District 2- Kempsville 490-8167 (home) July 1, 2004 - December 31, 2008 490-8167 (fax) At -Large Seat vote4smith}ones@aol.coni July 1, 2000 - June 30, 2004 District 3 - Rose Ball 498-4303 (home) July 1, 2000 - December 31, 2008 445.4637 (office) 444-0698 (fax -office) mrosehall@aol.com Mrs. Carolyn D. Weems At -Large 464-6674 (home) 1420 Claudia Drive July 1, 2002 - December 31, 2010 363.8281 (fax) Virginia Beach, VA 23455 carolyn4kids@cox.net _AIRGINiA BEACH CITY PUBLIC SCHOOLS AHEAD OF T71£ cuR VE CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 13 Item # 15 Virginia Beach City Public Schools Discontinuance, closure and abandonment of a portion of 25th Street beginning on the west side of Cypress Avenue and Extending approximately 560 feet to its terminus; a portion of Parks Avenue beginning on the north side of 24th Street to the South side of 25th Street,; alleys located in Block 135, Plat of Ridgecrest beginning on the east side of Parks Avenue and running 365 feet in an easterly direction and beginning on the north side of 24th Street and extending to the south side of 25th Street; and alleys Located in Block 126, Part of Property of the Virginia Beach - Development Authority beginning on the east side of Cypress Avenue And running in an easterly direction to the west side of Mediterranean Avenue, beginning at a point 120 feet east of Cypress Avenue and Running in a northerly direction from the north side of 24th Street to The south side of 25th Street, beginning at a point 125 feet west of Mediterranean Avenue from the north side of 24th Street to the south side of 25th Street. June 13, 2007 CONSENT Janice Anderson: The next matter is agenda item 15. This is an application from the Virginia Beach City Public Schools. This is for the discontinuance, closure and abandonment of a portion of 25th Street, a portion of Parks Avenue and several associated alleys. This is located on property on Mediterranean. This is the existing Virginia Beach Middle School site. We have Mike Ross and Tony Arnold from the School Board here. Thank you. Tony Arnold: Good afternoon and thank you. Chairman Knight and members of the Commission, my name is Tony Arnold. I'm the Director of Facilities for the School System. I've got with me Mike Ross, Principal in Charge with HBA Architects. First the conditions placed on the application are fine by the school division. Given the significance of this capital project, we felt like it would be a good idea for the public to understand what we're dong with the Virginia Beach Middle School. Beach Middle School is our oldest middle school. It was originally built in 1952. It was the old Virginia Beach High School. We have a capital project to replace Virginia Beach Middle School on the existing site. As part of this project, we need to simply close the alleys that exist underneath the existing building now, and the ball fields, as well as close part of Parks Avenue. It's a paper street that is actually in a wetland area. Also, to close part of 25th Street, where actually our football bleachers have sat for the better part of 30 to 40 years. We view that as a matter of cleaning up some existing paper street issues. The capital project will build a new three-story middle school where the current football field is located. It is a 52 million dollar capital project. It also will create a physical link and a programmatic link between the middle school and the contemporary art center. We're also getting ready to break ground on improvements to Beach Garden Park, an under Item #15 Virginia Beach City Public Schools Page 2 utilized City park, where we would create baseball, softball and multipurpose fields. We've partnered with your Department of Parks and Recreation on that project. We have been in front of the Resort Advisory Commission, Design Review Committee on three occasions. We have their support with the design of the building. Also, the Old Beach District Design Committee, and have their support. We've been through the Board of Zoning Appeals and got the height variance to the height of the building. We feel like Mike from HBA Architects has really designed a wonderful Coastal -style looking school that would blend in with the fabric of the community. We think it's a wonderful capital project. The project itself should start later this year and finish up in 2010. I would be happy to answer any questions Commission members may have. Thank you. Janice Anderson: Any questions? Thank you very much for the presentation Mr. Arnold. Tony Arnold: Thank you. Janice Anderson: Is there any objection to this matter being placed on the consent agenda? Mr. Chairman, I have a motion to approve the following agenda item 15. Barry Knight: Thank you. There is a motion on the floor. I have a second by Kathy Katsias. Is there any discussion on the consent agenda from the Commission members? Okay. I'll call for the question. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE ABS 0 ABSENT 1 REDMOND AYE STRANGE ABSENT WOOD AYE Ed Weeden: By a vote of 10-0, the Board has approved item 15 for consent. Barry Knight: Thank you Mr. Weeden. Item #15 Virginia Beach City Public Schools Page 3 1 2 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS 25TH STREET AS SHOWN ON THAT CERTAIN PLAT ENTITLED "EXHIBIT 'A' SHOWING A PORTION OF 25TH STREET TO BE CLOSED (M.B. 7, PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY 30,2007" WHEREAS, the School Board of the City of Virginia Beach applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and 18 WHEREAS, it is the judgment of the Council that said street be 19 discontinued, closed, and vacated, subject to certain conditions having been met on or 20 before one (1) year from City Council's adoption of this Ordinance; 21 22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 23 Virginia Beach, Virginia: 24 25 SECTION 1 26 27 That the hereinafter described street be discontinued, closed and vacated, 28 subject to certain conditions being met on or before one (1) year from City Council's 29 adoption of this ordinance: 30 31 All that certain piece or parcel of land situate, lying and being 32 in the City of Virginia Beach, Virginia, designated and 33 described as "PORTION OF 25TH STREET TO BE CLOSED 34 AREA = 30,543 SF OR 0.701 ACRES" shown as the 35 hatched area on that certainplat entitled: "EXHIBIT 'A' 36 SHOWING A PORTION OF 25 H STREET TO BE CLOSED 37 (M.B. 7, PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY 38 30, 2007" Scale: 1"= 50', prepared by MSA, P. C., a copy of 39 which is attached hereto as Exhibit A. 40 41 42 GPIN: 2417-89-3186 43 SECTION II 44 45 The following conditions must be met on or before one (1) year from City 46 Council's adoption of this ordinance: 47 48 1. The City Attorney's Office will make the final determination regarding 49 ownership of the underlying fee. The purchase price to be paid to the City is normally 50 determined according to the "Policy Regarding Purchase of City's Interest in Streets 51 Pursuant to Street Closures," approved by City Council. [Copies of said policy are 52 available in the Planning Department.] No purchase price shall be charged in this 53 street closure, however, because the School Board of the City of Virginia Beach is the 54 applicant seeking this street closure and has used the property for school purposes for 55 over fifty (50) years. 56 57 2. The applicant shall resubdivide the property and vacate internal lot 58 lines to incorporate the closed area into the adjoining parcels. The resubdivision plat 59 shall be submitted and approved for recordation prior to final street closure approval. 60 61 3. The applicant shall verify that no private utilities exist within the right -of - 62 way proposed for closure. Preliminary comments from the utility companies indicate 63 that there are no private utilities within the right-of-way proposed for closure. If private 64 utilities do exist, the applicant shall provide easements satisfactory to the utility 65 companies. 66 67 4. Closure of the right-of-way shall be contingent upon compliance with 68 the above stated conditions within one (1) year of approval by City Council. If all 69 conditions noted above are not in compliance and the final plat is not approved within 70 one (1) year of the City Council vote to close the street, this approval will be considered 71 null and void. 72 73 SECTION III 74 75 1. If the preceding conditions are not fulfilled on or before July 16, 76 2008, this Ordinance will be deemed null and void without further action by the City 77 Council. 78 79 2. If all conditions are met on or before July 16, 2008, the date of final 80 closure is the date the street closure ordinance is recorded by the City Attorney. 81 82 3. In the event the City of Virginia Beach has any interest in the 83 underlying fee, the City Manager or his designee is authorized to execute whatever 84 documents, if any, that may be requested to convey such interest, provided said 85 documents are approved by the City Attorney's Office. 86 87 SECTION IV 88 89 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 90 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 91 OF VIRGINIA BEACH as "Grantor" and the SCHOOL BOARD OF THE CITY OF 92 VIRGINIA BEACH as "Grantee." 93 94 Adopted by the Council of the City of Virginia Beach, Virginia, on this 95 day of , 2007. 96 97 98 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE" OF THREE-FOURTHS OF 99 ALL COUNCIL MEMBERS ELECTED TO COUNCIL. - CA -10286 V:\amscuimmaybwproakycom32kwpd=\no25\PW2\O o3ss7a.WC R-1 June 25, 2007 N APPROVED S T CONTENT: Planning Dki5artment APPROVED AS TO L SUFFICIENC City Attorney CYPRESS A IENUE S 13'53'53" E CYPRESS A IENVE 60 RI W) 55.00(o 6' (M CA TEDOB ��) COUNCIL (FORMERLY CASP/AN_A IENUE) 7M. B. 7, PG. 101) j SEPT. 9, 1963) / N 3479395.28 — — — — / E 12218628.08 L77Y OF NRG/N/A BEACN / 2417-89-4595 — — (M.B. 7 PC, 101) / / yR�N1q — — — / 3yS��7�)!L4Nf / 1g8311g9.3 BONCoon A p1NA7E / MH / O / ----- / 0YARLES .9YEPPAR0 SUR772V / _ 2417-89-3572 / a7Y OF WMIA BEAQH (/NST. #V"12060190827) 3 / 3 2417-89-3186 (M.B. 7 PG f01J (M.B. 7 PO 101) o o / o .Co if) Co,\`S� w o o cn to "A NOW z / 2417-8.2590 — — O.B .i61, PG 561) .'1 / (MB 7 PG 101) m / ® OFDENOTES 5TH STR EON "A NOV"44 TO BE CLOSED 2417-By 2543 AREA=30,543 SF — — 2417-69-2428 / OR 0.701 ACRES (0B. 42,E PO 274) / (M. B. 7 PG 101) / fkaW E CALL/FANT / 2417-8.9-1484 / — — D.B 84 PG 2228) / (M.B. 7 PG 101) / `� BRADLEY E 9-1441 / 2417-89-1441 XRRY F MoO NM O.B 2556, PC 1149 2417-89-0595 M.B. 7-M 101 / N 3479275.18 (D.B. 2i0B, PG 32) / E 12218142.72 EXHIBIT 'A' SHOWING / 3 PARKS A tENVE A PORTION OF ti 1 9799 / (60 RIW) 25TH STREET PAPER STREET TO BE CLOSED 2610' F �// ° B. 7, PG. 101 (M.B. 7, PG. 101) S 13'53'53" E N 74 3576. / M.B. 29, PG 75 VIRGINIA BEACH, VIRGINIA ys33, 24.00' ( JANUARY 30, 2007�v y}�� E` N 13'53'53" W ML I MITIMSA P.C. Landscape Architecture • Planning Surveying • Engineering Environmental Sciences 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708 PHO\TE (757) 490-9264 • FAX (757) 490-0634 JOB# 04005 PLAT RECORDED IN ZONED: R5S DATE: 01-30-07 SCALE: 1"=50' DWN BY: JCA I (MB 7, PG 101) # I Date. Descri tion Action 1 06/23/01 Street Closure I Approved ZONING HISTORY CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 9 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: In the matter of closing, vacating and discontinuing a portion of that certain street known as "PARKS AVENUE" and shown as "PARKS AVENUE (60' R/W) (PAPER STREET) (M.B. 7, PG. 101) and also shown as "PORTION OF PARKS AVENUE TO BE CLOSED AREA = 24,000 SF OR 0.551 ACRES" on that certain plat entitled "EXHIBIT `B' SHOWING A PORTION OF PARKS AVENUE TO BE CLOSED (M.B. 7, PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007". DISTRICT 6 — BEACH MEETING DATE: July 17, 2007 ■ Background: The applicant, the School Board of the City of Virginia Beach, requests closure of Parks Avenue between 24th and 251h Streets to allow the Virginia Beach Middle School project to proceed. The Virginia Beach Public School system will demolish and replace the existing Virginia Beach Middle School. ■ Considerations: The Viewers met and determined there will be no public inconvenience if this portion of Parks Avenue is closed and incorporated into the site. Staff concludes closure of the rights-of-way, to be incorporated into the proposed redevelopment of Virginia Beach Middle School, is acceptable with the conditions below. The Planning Commission placed this item on the consent agenda because the proposed closures will not result in any public inconvenience and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. [Copies of said policy are available in the Planning Department.] No purchase price shall be charged in this street closure, however, because the City is the owner of the underlying fee and the School Board of the City of Virginia Beach is the applicant seeking this street closure. Virginia Beach City Public Schools — Parks Avenue Closure Page 2 of 2 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the rights -of -ways shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. City Attorney's Office and also Schools recommend indefinite deferral due to title issues that need to be resolved. Submitting D artment/Agenncy: Planning Department City Manager: VIRGINIA BEACH CITY PUBLIC SCHOOLS Agenda Item 15 June 13, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: "°^' "' Citv of Ka Beach Schools A -3633I z *0 ' �7 Pik OW fB - � __ ;�� .fit -.moo .`ou � •� _ �-- t ,,. n 5T. r'1 P -I 00.8; 5 't✓ �3*d r"C," reef Closures Discontinuance, closure and abandonment of a portion of 25th Street beginning on the west side of Cypress Avenue and extending approximately 560 feet to its terminus; a portion of Parks Avenue beginning on the north side of 24th Street to the south side of 25th Street; alleys located in Block 135, Plat of Ridgecrest beginning on the east side of Parks Avenue and running 365 feet in an easterly direction and beginning on the north side of 24th Street and extending to the south side of 25th Street; and, alleys located in Block 126, Part of Property of the Virginia Beach Development Authority beginning on the east side of Cypress Avenue and running in an easterly direction to the west side of Mediterranean Avenue, beginning at a point 120 feet east of Cypress Avenue and running in a northerly direction from the north side of 24th Street to the south side of 25th Street, beginning at a point 120 feet west of Mediterranean Avenue from the north side of 24th Street to the south side of 25th Street. ADDRESS / DESCRIPTION: Property located at 600 25"' Street COUNCIL ELECTION DISTRICT: 6 -BEACH SUMMARY OF REQUEST The applicant requests closure of the streets and alleys to allow the Virginia Beach Middle School project to proceed. The Virginia Beach Public School system will demolish and replace the existing Virginia Beach Middle School. Apparently, at the time of construction of the existing school, there was no requirement to vacate and incorporate rights -of -ways into a site before construction. The areas to be closed include existing public alleys within the school site, a portion of 25"' Street, and Parks Avenue. Staff has included the proposed site plan and building elevations for the new school at the end of this report. CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Virginia Beach Middle School SURROUNDING LAND North: . 25h Street USE AND ZONING: . Across 25hth Street are Single-family and duplex dwellings South: . 241' Street • Across 24h Street are Single-family and duplex dwellings East: . Mediterranean Avenue • Across Mediterranean Avenue are Single-family and duplex dwellings - West: . City Property/ P-1 Preservation District NATURAL RESOURCE AND The site is located within the Resource Protection and Resource CULTURAL FEATURES: Management Areas of the Chesapeake Bay Preservation Area. The proposed development is currently under review in the Development Services Center. AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana. Replacement of the building is considered a permitted nonconforming use. IMPACT ON CITY SERVICES WATER: There are no water lines located within the proposed street closures. SEWER: There are no sewer lines in the areas proposed for closure. PRIVATE UTILITIES: There are no private utilities located within the proposed street closures Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Evaluation: The Viewers met and determined there will be no public inconvenience if the streets and alleyways are closed and incorporated into the site. Staff concludes closure of the rights -of -ways, to be incorporated into the proposed redevelopment of Virginia Beach Middle School, is acceptable with the conditions below. CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 2 CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the rights -of -ways shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final. plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 3 CFFY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda I,em 15 Page 4 MED/T£RRANFA N AVFNU£ (60' R1 W) (M..8 5, PC. 103) S 135353" E S 135353' E a"+� 190.00 190.00' N 79529.79 20.00' o b E 12219171.69 S 1553'53' E 0 c CITY OF VIRGINIA BEACHW a CITY OF VIRGINIA BEACH o c o c GPIN #2417-99-1321 GPIN #2417-99-1321 H c n (M.B. 5, PG. 103) o _o (M.B. 5, PG. 103) - Z O N r r N 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' 10.00' N 76'06'07' E S 76'06'07' W I11----� - �C CITY OF VIRGINIA BEACH N r CITY OF VIRGINIA BEACH t' m GPIN #2417-99-1321 GPIN #2417-99-1321 w (M.S. 5, PG. 103) (M.B. 5, PG. 103) N � !++ 3 o DENOTES PORTION OF ; g P PUBLIC ALLEYSci 0 m N w TO BE CLOSED N m ^ AREA-17,600 SF ^ OR 0.404 ACRES S 1553'53' E 190.00' S 13753'53' E 190.00' N 13'5353' W 190.00' N 13'53'53' W 190.00' 10.00' 8 $ 10.00' o N 76'06'07' E ion r S 76'06'07' W W .x CITY OF VIRGINIA BEACH W 3 CITY OF VIRGINIA BEACH S GPIN #2417-99-1321 ^ GPIN #2417-99-1321 c e (M.B. 5, PG. 103) $ (M.B. 5, PG. 103) N n Z N 3479609.69 ^ 20.00' r221.. 2666H E 216.32 Z y N 13'53'53" W 190.00' 190.00' N 13'5.3'53' W N 1353'53' W CITY OF VIRGINIA BEACH CYPRESS AWWC (60' R/W) GPIN #2417-89-7221 FORMERLY CASDIAN Al§NUE) (M.B. 115, PG. 52) (YACA 7ED BY C/TY COMM SEPT. 9 1963) (M..8 115 PC. 52) EXHIBIT 'D' SHOWING PUSUCi ALLEYS. OF BLM 128 "RsrsA� TO BE CLOSED 7Ey VIRGINIA EACH, VIRGINIA 1983 (H,�HAO A>F JANUARY 30, 2007 MSA, P.C. 1.2n6SC2pe ArCMt=tL,, • PZ8nl ni .SUl' cying • EngLldee2'ing Emironmcnui Sciences 5033 ROUSE DRIVE, 1,7RUN-M BEACH, VA 2M 62. "05 PYOKE (l.;?I.19p92" • FAX (/m avo.ocs. JOB# 04005 PLAT RECORDED IN ZONED: R5S DATE: 01-30-07 SCALE: 1'=60' I OWN BY: JCA (MB 5, PG 103) SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 5 SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 6 s 76`06'07' w 24th SME �'T (50' R/W) EXHIBIT '8' SHOWING PA PORTION � 25th STREET (FORMERLYD STREET) �1a (110' R/W) (M,B. 29, PG 75) TO BE CLOSED (M.S. 7, PG. 101) (A4.B. 7 PG 101) e N OR 0.551 ACRES ggS g Sw2 = ? N 76'08'07' E u (M.B. 36, PG. 40) N 3479 75.t8 E 12218142.72 m N CITY OF VIRGINIA BEACH 2417-89-3186 P N (M.S. 7, PG. 101) s 76`06'07' w 24th SME �'T (50' R/W) EXHIBIT '8' SHOWING PA PORTION � DENOTES PORTION OF (FORMERLYD STREET) �1a PARKS AVENUE (M,B. 29, PG 75) TO BE CLOSED (M.S. 7, PG. 101) TO BE CLOSED AREA=24,000 SF CITY OF VIRGINIA BEACH m OR 0.551 ACRES 2417-88-1818 (D.B. 495, PG. 445) y C (M.B. 36, PG. 40) s 76`06'07' w 24th SME �'T (50' R/W) EXHIBIT '8' SHOWING PA PORTION � 240 STREET (FORMERLYD STREET) (80' RI W) (M,B. 29, PG 75) TO BE CLOSED (M.S. 7, PG. 101) (#87, PG. 107) VIRGINIA BEACH. VIRGINIA JANUARY 30, 2007 Iands=pcA rcl±itectute-Plarsning ' Surveying. Engineering Environmental Scents 5033 ROUSEDFUM 17RGLV2i MLC4, VA 23461-3]G PF10AE (757) 490.9264 • FAX (7514MO534 JOBS} 04005 PLAT RECORDED IN ZONED: R55 DATE 01-30-07 1 SCALE 1-=50' 1 DwN BY: JCA (MB 7, PG 101) SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 7 JOB$ 04005 ZONED: R55 CITY OF VIRGINIA BEACH GPIN #2417-89-7221 (M.S. 115, PG. 52) E CYPRESS' AVENUE (60' R11W) (ORNERY Y CASP/AN 4 KN UEJ (GACA I&V BY C17Y COLING/L SEPT. 9, 1963) as3 53. E (M.B. 115 PC 52) CITY OF VIRGINIA BEACH GPIN #2417-89-3186 (M.B. 7. PG. 109) CITY OF VIRGINIA BEACH GPIN $2417-89-3186 (M.S. 7, PG. 101) N N 1353'53' w 195.OD' 1o.on � CITY OF VIRGINIA BEACH . GPIN $2417-89-3186 (M.B. 7, PG. 101) ,C N ®DENOTES PORTION OF PUBLIC ALLEYS TO BE CLOSED AREA -7,650 SF OR 0.176 ACRES SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 8 P/'1WJ AWVUE (so')? N 133S5S W (PAPER smwr) (XR 7 PC. 101% EXHIBIT 'C' SHOWING PUBUC ALLEYS OF BLOCK 135 TO BE CLOSED"4s 79g3hS0U £ VIRGINIA BEACH, VIRGINIA �3 'E JANUARY 30, 2007 0fA%' 40 le✓3SA �. Landscape ArcIritetmre • P3aaail:g D�e9+nS' �S&-'�urixsb EAffiq Environmental Sc�iepaxs SCT3.^.OJ.SEI)RILs• Y1RGL\7A BIsl1...y Vd i+ib:alpy riO.vsns7.so.oTs� eA,�f+slj sao.oes. DATE 01-30-07 SCALE: 1'=60' OY/N BY. JCA PLAT RECORDED IN 1 (MB 7. PG tnt) SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 8 0 0 410 CL U tu LU W) zn a uj t4 Z (D A. 0 2- CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 10 •31 M -DITERRANEAN S T, 0 0 410 CL U tu LU W) zn a uj t4 Z (D A. 0 2- CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 10 •31 40, 00,; 0 0 410 CL U tu LU W) zn a uj t4 Z (D A. 0 2- CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 10 z z LLS z 0 LLS Lu 44 BLI [:J uj Lu ce cq 0 to -4 us 0 V3 -j 0 0 u V) LL! 904 z lywi 0 Oyu> uj < -j uj Lu an in Z 0 o CL- ce 0 ix > CL M CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 11 NOI7.V3TIddV alIRSO'I3 7.'Jfl2I.LS T �soD r- X0144lrIdQ 'T V HWIi1HUs CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 12 5 w U) 2 :7 In y2 Z tr ck uu 8.V T �soD r- X0144lrIdQ 'T V HWIi1HUs CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 12 ED Z ck uu 71 T �soD r- X0144lrIdQ 'T V HWIi1HUs CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 12 goo6 2407scHooL_BoARD,.oF rHEct7y01yrRGrNIA:BE4CH Dr. James G. Merrill, Superintendent (757) 263.1007 Dianne P. Alexander, Clerk of the Board (757) 263-1016 2512 George Mason Drive, P.O. Box 6038, Virginia Beach, VA 23456.0038 Mr. Daniel D. "Dan" Edwards District i - Centerville 717-0259 (cell) Chairman July 1, 1998 - December 31, 2008 495-3551 (home) 495-9576 (fax) 1513 BepchAew Drive dedwscolt)d;Paoi.corn Virginia Beach, VA 23464 Mrs. Rita Sweet Bellitto At -Large 418 0960 (cell) Vice -Chairman July 1, 2004 - December 31, 2008 sweetelschoolS'`earthlink. net P.O- Box 6448 Virginia Beach, VA 23456 Mr. Todd C. Davidson 2424 Szvannah Trail Virginia Beach, VA 23456 Mrs. Emma L "Em" Davis 1125 Michaelwood Drive Virginia Beach, VA 23452 Mrs. Patricia G. Edmonson 401-205 Harbour Point Virginia Beach, VA 23451-7130 Mr. Edward F. Fissinger, Sr. 412 Becton Place Virginia Beach, VA 23452 Mr. Dan R. Lowe 4617 Red Coat Road Virginia Beach, VA 23455 Mr. Lyndon S. Remias 3225 Nansemond Loop Virginia Beach, VA 23456 Ms. Sandra Smith -Jones 705 Rode Creek Court Virginia Beach,'VA 23462 Mr. Michael W. Stewart 10S Brentwood Court Virginia Beach, VA 23452 At -Large July 1, 2006 - December 31, 2010 District 5 - Lynnhaven July 1, 2002 - December 31, 2010 District 6 - Beach July 1, 2006 - December 31, 2010 At -Large July 1, 2004 - December 31, 2008 District 4 - 8ayside July 1, 1998 - December 31, 2010 427-3330 (office) 285-9409 (cell) 430.6447 (fax -office) tcdavi@verizon.net 340-8911 (home) 340.1981 (fax) edavis209@cox.net 428-5240 (home) 431-1987 (fax) Pat-schoolboard@hotmail. Com 486-4567 (home) 216-3887 (fax) ed.Fissinger@verizon.net 490-3681 (home) 490-9615 (fax) drtowe2345@aol.corn District 7 - Princess Anne 630-6102 (cell) July 1, 2006 - December 31, 2010 Lremias@yahoo.com District 2 - Kempsville 490-8167 (home) July 1, 2004 - December 31, 2008 490-8167 (fax) At -Large Seat vote4smithjones@aol.com July 1, 2000 - June 30, 2004 District 3 - Rose Hall 498-4303 (home) July 1, 2000 - December 31, 2008 445.4637 (office) 444-0698 (fax -office) mrosehall@aol.com Mrs. Carolyn D. Weems At -Large 464.6674 (home) 1420 Claudia Drive July 1, 2002 - December 31, 2010 363.8281 (fax) Virginia Beach, VA 23455 carolyn4kids@cox.net _0 RGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF Ttir cunvc CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 13 Item #15 Virginia Beach City Public Schools Discontinuance, closure and abandonment of a portion of 25th Street beginning on the west side of Cypress Avenue and Extending approximately 560 feet to its terminus; a portion of Parks Avenue beginning on the north side of 24th Street to the South side of 25th Street,; alleys located in Block 135, Plat of Ridgecrest beginning on the east side of Parks Avenue and running 365 feet in an easterly direction and beginning on the north side of 24th Street and extending to the south side of 25th Street; and alleys Located in Block 126, Part of Property of the Virginia Beach - Development Authority beginning on the east side of Cypress Avenue And running in an easterly direction to the west side of Mediterranean Avenue, beginning at a point 120 feet east of Cypress Avenue and Running in a northerly direction from the north side of 24th Street to The south side of 25th. Street, beginning at a point 125 feet west of Mediterranean Avenue from the north side of 24th Street to the south side of 25th Street. June 13, 2007 CONSENT Janice Anderson: The next matter is agenda item 15. This is an application from the Virginia Beach City Public Schools. This is for the discontinuance, closure and abandonment of a portion of 25th Street, a portion of Parks Avenue and several associated alleys. This is located on property on Mediterranean. This is the existing Virginia Beach Middle School site. We have Mike Ross and Tony Arnold from the School Board here. Thank you. Tony Arnold: Good afternoon and thank you. Chairman Knight and members of the Commission, my name is Tony Arnold. I'm the Director of Facilities for the School System. I've got with me Mike Ross, Principal in Charge with HBA Architects. First the conditions placed on the application are fine by the school division. Given the significance of this capital project, we felt like it would be a good idea for the public to understand what we're dong with the Virginia Beach Middle School. Beach Middle School is our oldest middle school. It was originally built in 1952. It was the old Virginia Beach High School. We have a capital project to replace Virginia Beach Middle School on the existing site. As part of this project, we need to simply close the alleys that exist underneath the existing building now, and the ball fields, as well as close part of Parks Avenue. It's a paper street that is actually in a wetland area. Also, to close part of 25th Street, where actually our football bleachers have sat for the better part of 30 to 40 years. We view that as a matter of cleaning up some existing paper street issues. The capital project will build a new three-story middle school where the current football field is located. It is a 52 million dollar capital project. It also will create a physical link and a programmatic link between the middle school and the contemporary art center. We're also getting ready to break ground on improvements to Beach Garden Park, an under Item # 15 Virginia Beach City Public Schools Page 2 utilized City park, where we would create baseball, softball and multipurpose fields. We've partnered with your Department of Parks and Recreation on that project. We have been in front of the Resort Advisory Commission, Design Review Committee on three occasions. We have their support with the design of the building. Also, the Old Beach District Design Committee, and have their support. We've been through the Board of Zoning Appeals and got the height variance to the height of the building. We feel like Mike from HBA Architects has really designed a wonderful Coastal -style looking school that would blend in with the fabric of the community. We think it's a wonderful capital project. The project itself should start later this year and finish up in -2010. I would be happy to answer any questions Commission members may have. Thank you. Janice Anderson: Any questions? Thank you very much for the presentation Mr. Arnold. Tony Arnold: Thank you. Janice Anderson: Is there any objection to this matter being placed on the consent agenda? Mr. Chairman, I have a motion to approve the following agenda item 15. Barry Knight: Thank you. There is a motion on the floor. I have a second by Kathy Katsias. Is there any discussion on the consent agenda from the Commission members? Okay. I'll call for the question. Ed Weeden: By a vote of 10-0, the Board has approved item 15 for consent. Barry Knight: Thank you Mr. Weeden. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE ABSENT WOOD AYE Ed Weeden: By a vote of 10-0, the Board has approved item 15 for consent. Barry Knight: Thank you Mr. Weeden. Item #15 Virginia Beach City Public Schools Page 3 17 2 IN THE MATTER OF CLOSING, VACATING AND 3 DISCONTINUING A PORTION OF THAT CERTAIN 4 STREET KNOWN AS "PARKS AVENUE" AND 5 SHOWN AS "PARKS AVENUE (60' RNV) (PAPER 6 STREET) (M.B. 7, PG. 101) AND ALSO SHOWN AS 7 "PORTION OF PARKS AVENUE TO BE CLOSED 8 AREA = 24,000 SF OR 0.551 ACRES" ON THAT 9 CERTAIN PLAT ENTITLED "EXHIBIT 'B' SHOWING 10 A PORTION OF PARKS AVENUE TO BE CLOSED 11 (M.B. 7, PG. 101) VIRGINIA BEACH, VIRGINIA 12 JANUARY 30, 2007" 13 14 WHEREAS, the School Board of the City of Virginia Beach applied to the 15 Council of the City of Virginia Beach, Virginia, to have the hereinafter described street 16 discontinued, closed, and vacated; and 17 18 WHEREAS, it is the judgment of the Council that said street be 19 discontinued, closed, and vacated, subject to certain conditions having been met on or 20 before one (1) year from City Council's adoption of this Ordinance; 21 22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 23 Virginia Beach, Virginia: 24 25 SECTION 1 26 27 That the hereinafter described street be discontinued, closed and vacated, 28 subject to certain conditions being met on or before one (1) year from City Council's 29 adoption of this ordinance: 30 31 All that certain piece or parcel of land situate, lying and being 32 in the City of Virginia Beach, Virginia, designated and 33 described as "PARKS AVENUE (60' RNV) (PAPER 34 STREET) (M.B. 7, PG. 101)" and also shown as "PORTION 35 OF PARKS AVENUE TO BE CLOSED AREA = 24,000 SF 36 OR 0.551 ACRES" shown as the hatched area on that 37 certain plat entitled: "EXHIBIT 'B' SHOWING A PORTION 38 OF PARKS AVENUE TO BE CLOSED (M.B. 7, PG. 101) 39 VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007" Scale: 40 1"= 50', prepared by MSA, P. C., a copy of which is attached 41 hereto as Exhibit A. 42 43 GPIN: 2417-89-3186,2417-88-1818 44 SECTION II 45 46 The following conditions must be met on or before one (1) year from City 47 Council's adoption of this ordinance: 48 49 1. The City Attorney's Office will make the final determination regarding 50 ownership of the underlying fee. The purchase price to be paid to the City is normally 51 determined according to the "Policy Regarding Purchase of City's Interest in Streets 52 Pursuant to Street Closures," approved by City Council. [Copies of said policy are 53 available in the Planning Department.] No purchase price shall be charged in this 54 street closure, however, because the City is the owner of the underlying fee and the 55 School Board of the City of Virginia Beach is the applicant seeking this street closure. 56 57 2. The applicant shall resubdivide the property and vacate internal lot 58 lines to incorporate the closed area into the adjoining parcels. The resubdivision plat 59 shall be submitted and approved for recordation prior to final street closure approval. 60 61 3. The applicant shall verify that no private utilities exist within the right -of - 62 way proposed for closure. Preliminary comments from the utility companies indicate 63 that there are no private utilities within the right-of-way proposed for closure. If private 64 utilities do exist, the applicant shall provide easements satisfactory to the utility 65 companies. 66 67 4. Closure of the right-of-way shall be contingent upon compliance with 68 the above stated conditions within one (1) year of approval by City Council. If all 69 conditions noted above are not in compliance and the final plat is not approved within 70 one (1) year of the City Council vote to close the street, this approval will be considered 71 null and void. 72 73 SECTION III 74 75 1. If the preceding conditions are not fulfilled on or before July 16, 76 2008, this Ordinance will be deemed null and void without further action by the City 77 Council. 78 79 2. If all conditions are met on or before July 16, 2008, the date of final 80 closure is the date the street closure ordinance is recorded by the City Attorney. 81 82 3. In the event the City of Virginia Beach has any interest in the 83 underlying fee, the City Manager or his designee is authorized to execute whatever 84 documents, if any, that may be requested to convey such interest, provided said 85 documents are approved by the City Attorney's Office. 86 87 SECTION IV 88 89 90 91 92 93 94 95 96 97 98 99 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH as "Grantee." Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2007. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF_THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA -10285 V:\appliatim\cirylawprod�c c 2\Wpd=\D025\pw2\ow35877.DOC R-1 June 25, 2007 3 APPR D As TO NTENT: Planning De artmen APPROVED GAL SUFF City Attorney 25th STREET (110' RIW� (M. B. 7, PG. 101) N e 0 a Q _Z N 76'06'07" E 0 2 u /60.00' U�2 u 2� 2 N = w / N 3479275.18 E 12218142.72 Cj 2y a / S / a CITY OF VIRGINIA BEACH 2417-89-3186 (M.B. 7, PG. 101) cn ap cn wa CtCA E4 / m (� DENOTES PORTION OF PARKS AVENUE TO BE CLOSED CITY OF VIRGINIA BEACH - AREA=24,000 SF 2417-88-1818 OR 0.551 ACRES (D.B. 495, PG. 445) � IC (M.B. 36, PG. 40) sz! IS 5.00' N 3478886.89 S 13'53'53" E Rs b S1 /76/'06/'07 " w E 12218238.80 (- 0.00 �joe86'Q0 78.59' �- , S 76.06'07" w EXHIBIT B' SHOWING 24th STREET (50' RIW� A PORTION OF 24th STREET (FORMERL Y D STREET) PARKS AVENUE (80' RIW) (M. B. 29, PG 75) TO BE CLOSED (M. B. 7, PG. 101) (M.B. 7, PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007 MS. P.C. Landscape Architecture • Planning 110% 1 Surveying • Engineering Environmental Sciences 5033 ROUSE DRIVE, VIRGI,NIA BEACH, VA 23462-3708 PHONE (757) 490-9264 • FAX (757) 490-0634 JOB# 04005 PLAT RECORDED IN ZONED: R5S DATE: 01-30-07 1 SCALE: 1"=50' DWN BY: JCA (MB 7, PG 101) ag (61 # I Date. Description Action 1 06/23/01 Street Closure Approved ZONING HISTORY CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 9 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: In the matter of closing, vacating and discontinuing those certain unimproved alleys known as public alleys of Block 135 as shown on that certain plat entitled "EXHIBIT `C' SHOWING PUBLIC ALLEYS OF BLOCK 135 TO BE CLOSED (M.B. 7, PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007". DISTRICT 6 — BEACH MEETING DATE: July 17, 2007 ■ Background: The applicant, the School Board of the City of Virginia Beach, requests closure of the alleys within Block 135, as shown on the "Plat of Ridgecrest" to allow the Virginia Beach Middle School project to proceed. The Virginia Beach Public School system will demolish and replace the existing Virginia Beach Middle School. Apparently, at the time of construction of the existing school and athletic fields, circa 1952, there was no requirement to vacate and incorporate rights -of - ways into a site before construction. ■ Considerations: The Viewers met and determined there will be no public inconvenience if the alleys are closed and incorporated into the site. Staff concludes closure of the rights -of -ways, to be incorporated into the proposed redevelopment of Virginia Beach Middle School, is acceptable with the conditions below. The Planning Commission placed this item on the consent agenda because the proposed closures will not result in any public inconvenience and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. [Copies of said policy are available in the Planning Department.] No purchase price shall be charged in this street closure, however, because the School Board of the City of Virginia Beach is the applicant seeking this street closure and has used the property for school purposes for over fifty (50) years. Virginia Beach City Public Schools — Block 135 Page 2 of 2 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the rights -of -ways shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. City Attorney's Office and also Schools recommend indefinite deferral due to title issues that need to be resolved. Submitting DepartmentfAgency: Planning Department City Manager: 1L VIRGINIA BEACH CITY PUBLIC SCHOOLS Agenda Item 15 June 13, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: Citv of Va Beach Schools A-36 i L t - S f V j r t tfl�i 5- A'8 R -SS' t _ P-1 P-I.� 'ao.5�wt try? z3rd STi� reef Ctosures Discontinuance, closure and abandonment of a portion of 25th Street beginning on the west side of Cypress Avenue and extending approximately 560 feet to its terminus; a portion of Parks Avenue beginning on the north side of 24th Street to the south side of 25th Street; alleys located in Block 135, Plat of Ridgecrest beginning on the east side of Parks Avenue and running 365 feet in an easterly direction and beginning on the north side of 24th Street and extending to the south side of 25th Street; and, alleys located in Block 126, Part of Property of the Virginia Beach Development Authority beginning on the east side of Cypress Avenue and running in an easterly direction to the west side of Mediterranean Avenue, beginning at a point 120 feet east of Cypress Avenue and running in a northerly direction from the north side of 24th Street to the south side of 25th Street, beginning at a point 120 feet west of Mediterranean Avenue from the north side of 24th Street to the south side of 25th Street. ADDRESS / DESCRIPTION: Property located at 600 25th Street COUNCIL ELECTION DISTRICT: 6 -BEACH SUMMARY OF REQUEST The applicant requests closure of the streets and alleys to allow the Virginia Beach Middle School project to proceed. The Virginia Beach Public School system will demolish and replace the existing Virginia Beach Middle School. Apparently, at the time of construction of the existing school, there was no requirement to vacate and incorporate rights -of -ways into a site before construction. The areas to be closed include existing public alleys within the school site, a portion of 25th Street, and Parks Avenue. Staff has included the proposed site plan and building elevations for the new school at the end of this report. CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Virginia Beach Middle School SURROUNDING LAND North: . 25th Street USE AND ZONING: . Across 25hth Street are Single-family and duplex dwellings South: . 24' Street • Across 24th Street are Single-family and duplex dwellings East: . Mediterranean Avenue • Across Mediterranean Avenue are Single-family and duplex dwellings - West: . City Property/ P-1 Preservation District NATURAL RESOURCE AND The site is located within the Resource Protection and Resource CULTURAL FEATURES: Management Areas of the Chesapeake Bay Preservation Area. The proposed development is currently under review in the Development Services Center. AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana. Replacement of the building is considered a permitted nonconforming use. IMPACT ON CITY SERVICES WATER: There are no water lines located within the proposed street closures. SEWER: There are no sewer lines in the areas proposed for closure. PRIVATE UTILITIES: There are no private utilities located within the proposed street closures Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Evaluation: The Viewers met and determined there will be no public inconvenience if the streets and alleyways are closed and incorporated into the site. Staff concludes closure of the rights -of -ways, to be incorporated into the proposed redevelopment of Virginia Beach Middle School, is acceptable with the conditions below. CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 2 CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the rights -of -ways shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final. plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 3 CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda item 15 Page 4 MED1T£RRA/YFdW AWNU£ (60' RA) (M.B. 5 PG. 103) S 13'53'53' E S 13'53'53" E 190.00' 190.00' '9529.79 20.00' b o 19171.69 S 13'SY53" E o 0 0 0 fV N_ CITY OF VIRGINIA BEACH m 3 CITY OF VIRGINIA BEACH GPIN #2417-99-1321 GPIN ,#2417-99-1321 (M.S. 5, PG. 103) o o (M.B. 5, PG. 103) N 1353'53' W 190.00' 10.00' N 76'06'07' E CITY OF VIRGINIA BEACH GPIN #2417-99-1321 (M.B_ 5, PG. 103) N W S 7606'07' W Z S 1353'53' E 190.00' Q N 13'53'53' W 190.00- 10.00' 0 N 76'06'07" E GPIN #2417-99-1321 (M.B. 5, PG. 103) •C„ N ®DENOTES PORTON OF 3 PUBLIC ALLEYS 8 h CITY OF VIRGINIA BEACH r 10 GPIN #2417-99-1321 N �- (M.B. 5, PG. 103) N 1353'53' W 190.00' 10.00' N 76'06'07' E CITY OF VIRGINIA BEACH GPIN #2417-99-1321 (M.B_ 5, PG. 103) N W S 7606'07' W �OO Q CITY OF VIRGINIA BEACH (ll GPIN #2417-99-1321 (M.B. 5, PG. 103) •C„ N ®DENOTES PORTON OF 3 PUBLIC ALLEYS 8 TO BE CLOSED N m AREA -17,600 SF 10 OR 0.404 ACRES N N 1353'53" W 190.00' 1 D.00' S 76'06.07" W CITY OF VIRGINIA BEACH GPIN #2417-99-1321 (M.B. 5, PG. 103) N 13'53'53' W 190.00' 190.00' N 1353'53' W N 1353'53 W CITY OF VIRGINIA BEACH CYPRESS A:ENU£ (60'" GPIN #2417-89-7221 (FORMERLY CASRAN Al!4'NUE) (M.B. 115, PG. 52) (!/ACA 7ED BY a7Y COUNC/L SEPT. 9 1963) (MB. 175 PC 52) EXHIBIT 'D' SHOWING PUBUCALLEYS OF BLOCK f yRg"TOBEC126 ED %7N9� � VIRGINIA EACH, VIRGINIA Allal R , INAtE JANUARY 30, 2007 AD MSA, P.C. Landscape Ax itecn= - PLsnning S—,tying - Engineering Em=nmcnt0 Sciences .5033 ROUSE MrVv 17RGP.7A BEACH, VA23162-3709 PHOA•E 0�:7990.9241•F.L�f1S>)s' �41� JOB# 04005 PLAT RECORDED IN ZONED: R5S DATE 01-30-07 U SCALE 1-.60' I OWN BY: JCA (MB 5, PG 103) SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 5 SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 6 25th STREET (110' R/W) (M..R.. 7 PG 101) k, a Q Z g N 76'0607' E JLu E 12 21 6162 7 2 e&A S y / CITY OF VIRGINIA BEACH 2417-89-3186 (M.S. 7, PG. 101) p o 8Q ®DENOTES PORTION OF PARKS AVENUE y a TO BE CLOSED CITY OF VIRGINIA BEACH 0 AREA=24,000 SF 2417-88-1818 OR 0.551 ACRES (D.B. 495. PG. 445) V) fCiT (M.B. 36, PG. 40).1 s s 7"6'07' w 24th STREET (50' R/W) IXHISIT 'B' SHOWNG A PORTON OF 24th STREET (FORMER - 0 STREET) PARKS AVENUE (80' R/W) (M.B. 29, PG. 75J TO BE CLOSED (M.S. 7, PG. 101) (/a8. 7, PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007 MSA,P_C. L•mdsnpeArchiteehtr_ -Planning Surveying • Engineering Environmental Scic cw 5033 ROUSED -1,7; 17RCMA RG C4, VA 23462-37(6 PHONE (757) M9264 • FAX (9574W" JOB# 04005 PLAT RECORDED IN ZONED: R5S I DATE: 01-30-07 1 SCALE: 1'=50' 1 OWN BY: JCA r (MB 7, PG 101) SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 7 CITY OF VIRGINIA BEACH CYPRESS AWW11E (60' Rlw) GPIN #2417-89-7221 LORAR-JYCASP/ANAb£yge) (M.B. 115, PG. 52) (VACAIIW 9r 07Y COMM SEPT. 9, 1963) S 135553' E (ALB. 115, PG. 52) CITY OF VIRGINIA BEACH GPIN #2417-89-3186 (M.B. 7, PG. 101) E CITY OF VIRGINIA BEACH GPIN #2417-89-3186 (M.B. 7, PG. 101) N 1353'33' W 195.00' 10.07 5 76'06'07' W .� (PAPER STREET) (LB. 7 PG loft fW CITY OF VIRGINIA BEACH GPIN V1� #2417-89-3186 (M.B. 7, PG. 101) PUBLIC ALLEY$ OF N ®DENOTES PORTION OF PUBLIC ALLEYS TO BE CLOSED AREA -7,650 SF OR 0.176 ACRES SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 8 PARKS AWW46- (60' R/ „) N 135553 W (PAPER STREET) (LB. 7 PG loft EXHIBIT 'C' SHOWING PUBLIC ALLEY$ OF BLOCK 135 TO BE CLOSEDNlq VIRGINIA BEACH, VIRGINIAN ✓✓93 &AI 7r JANUARY 30, 2007 (RA% I.andxape Axcbitectl3re • Piaaning SLLZ�=j'1ng • �.ngl.30CS2ib E•'3>•'3SOIIlnGnt21 SC3GnCCS JOB.#04005 SM3 ROUSE DR75-, YIRGA7A RELCA, VA 2;0,.,= PHONE On 4s 92e -Pn.N f;ra3« 0es. PLAT RECORDED IN ZONED: RSS DATE 01-30-07 1 SCALE, 1"-60' 1 OWN BY: JCA (MB 7, PG 101) SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 8 $ .-MEDITERRANEANSt 47 F 711 1211. 0 VS z L) Lu 'A ffi a < uj z 00- "o Fg.r PROPOSED SITE PLAN CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 115 Page 10 z z uj z 0 LU "W,14 1p, -j 0 0 u V� L9 W7 Z 2 U> uj 4 -j LU uj 0 CA- tx 0 > CL iklili-k*�14411tiolitig,�BTIIKIC-]L-Iq,��X �* CITY OF VIRGINIA BEEACH PUBLIC SCHOOLS Agenda Item 15 Page I I NOIZd3I'IddV H[1S0'I3 ZMM1.S At �iIlSO'I� Z��i�,S NOI,Ld�I'IddV CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 12 2" Lu t t fn J , f s o :7. cr Z5 ;Z4 nC �iIlSO'I� Z��i�,S NOI,Ld�I'IddV CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 12 D 7 J , f cr M u 7. �iIlSO'I� Z��i�,S NOI,Ld�I'IddV CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 12 1p"+ 2005 2007=SCHOOL_BOARD.:DF: THE;CITY Of. VIRGINIA:BEACH Dr.3ames G. Merrill, Superintendent (757) 263-1007 Dianne P. Alexander, Clerk of the Board (757) 263-1016 2512 George Mason Drive, P.O. Box 6038, Virginia Beach, VA 23456.0038 Mr. Daniel D. "Dan" Edwards District 1 - Centerville 711-0259 (cell) Chairman July 1, 1998 - December 31, 2008 495 3551 (home) 495 9576 (fax) 1513 Beechview Drive dedwscolbdCdaol.com Virginia Beach, VA 23464 Mrs. Rita Sweet Bellitto At -Large 418 0960 (cell) Vice -Chairman July 1, 2004 - December 31, 2008 swee:4schools,,�)earthlink.net P.O. Box 6448 - Virginia Beach, VA 23456 Mr. Todd C. Davidson 2424 Savannah Trail Virginia Beach, VA 23456 Mrs. Emma L. "Em" Davis 1125 Michaelwood Drive Virginia Beach, VA 23452 Mrs. Patricia G. Edmonson 401-205 Harbour Point Virginia Beach, VA 23451-7130 Mr. Edward F. Fissinger, Sr. 412 Becton Place Virginia Beach, VA 23452 Mr. Dan R. Lowe 4617 Red Coat Road Virginia Beach, VA 23455 Mr. Lyndon S. Remias 3225 hansemond Loop Virginia Beach, VA 23456 Ms. Sandra Smith -]ones 705 Rock Creek Court Virginia Beach, VA 23462 Mr. Michael W. Stewart 105 Brentwood Court Virginia Beach, VA 23452 At -Large July 1, 2006 - December 31, 2010 District 5 - Lynnhaven July 1, 2002 - December 31, 2010 District 6 - Beams July 1, 2006 - December 31, 2010 At -Large July 1, 2004 - December 31, 2008 District 4 - Sayside July 1, 1998 - December 31, 2010 427-3330 (office) 285-9409 (cell) 430-6447 (fax -office) tcdavi@verizon.net 340-8911 (home) 340-1981 (fax) edavis209@cox.net 428-5240 (home) 433-1987 (fax) Pat-schoolboardChotmail. com 486-4567 (home) 216-3887 (fax) ed.fissingcr@verizon.net 490-3681 (home) 490-9615 (fax) driowe2345@aol.com District 7 - Princess Anne 630-6102 (cell) July 1, 2006 - December 31, 2010 Lremias@yahoo.com District 2 - Kempsville 490-8167 (home) July 1, 2004 - December 31, 2008 490-8167 (fax) At -Large Seat vote4smithjonesiPaol.corn July 1, 2000 - June 30, 2004 District 3 - Rose Hall 498-4303 (home) July 1, 2000 - December 31, 2008 445.4637 (office) 444-0698 (fax -office) mrosehalK?aol.com Mrs. Carolyn D. Weems At -Large 464.6674 (home) 1420 Claudia Drive July 1, 2002 - December 31, 2010 363.8281 (fax) Virginia Beach, VA 23455 carolyn4kids@cox.net _V%IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD Of TNF CURVC CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 13 Item # 15 Virginia Beach City Public Schools Discontinuance, closure and abandonment of a portion of 25th Street beginning on the west side of Cypress Avenue and Extending approximately 560 feet to its terminus; a portion of Parks Avenue beginning on the north side of 24th Street to the South side of 25th Street,; alleys located in Block 135, Plat of Ridgecrest beginning on the east side of Parks Avenue and running 365 feet in an easterly direction and beginning on the north side of 24th Street and extending to the south side of 25th Street; and alleys Located in Block 126, Part of Property of the Virginia Beach Development Authority beginning on the east side of Cypress Avenue . And running in an easterly direction to the west side of Mediterranean Avenue, beginning at a point 120 feet east of Cypress Avenue and Running in a northerly direction from the north side of 24th Street to The south side of 25th Street, beginning at a point 125 feet west of Mediterranean Avenue from the north side of 24th Street to the south side of 25th Street. June 13, 2007 CONSENT Janice Anderson: The next matter is agenda item 15. This is an application from the Virginia Beach City Public Schools. This is for the discontinuance, closure and abandonment of a portion of 25th Street, a portion of Parks Avenue and several associated alleys. This is located on property on Mediterranean. This is the existing Virginia Beach Middle School site. We have Mike Ross and Tony Arnold from the School Board here. Thank you. Tony Arnold: Good afternoon and thank you. Chairman Knight and members of the Commission, my name is Tony Arnold. I'm the Director of Facilities for the School System. I've got with me Mike Ross, Principal in Charge with HBA Architects. First the conditions placed on the application are fine by the school division. Given the significance of this capital project, we felt like it would be a good idea for the public to understand what we're dong with the Virginia Beach Middle School. Beach Middle School is our oldest middle school. It was originally built in 1952. It was the old Virginia Beach High School. We have a capital project to replace Virginia Beach Middle School on the existing site. As part of this project, we need to simply close the alleys that exist underneath the existing building now, and the ball fields, as well as close part of Parks Avenue. It's a paper street that is actually in a wetland area. Also, to close part of 25th Street, where actually our football bleachers have sat for the better part of 30 to 40 years. We view that as a matter of cleaning up some existing paper street issues. The capital project will build a new three-story middle school where the current football field is located. It is a 52 million dollar capital project. It also will create a physical link and a programmatic link between the middle school and the contemporary art center. We're also getting ready to break ground on improvements to Beach Garden Park, an under Item #15 Virginia Beach City Public Schools Page 2 utilized City park, where we would create baseball, softball and multipurpose fields. We've partnered with your Department of Parks and Recreation on that project. We have been in front of the Resort Advisory Commission, Design Review Committee on three occasions. We have their support with the design of the building. Also, the Old Beach District Design Committee, and have their support. We've been through the Board of Zoning Appeals and got the height variance to the height of the building. We feel like Mike from HBA Architects has really designed a wonderful Coastal -style looking school that would blend in with the fabric of the community. We think it's a wonderful capital project. The project itself should start later this year and finish up in -2010. I would be happy to answer any questions Commission members may have. Thank you. Janice Anderson: Any questions? Thank you very much for the presentation Mr. Arnold. Tony Arnold: Thank you. Janice Anderson: Is there any objection to this matter being placed on the consent agenda? Mr. Chairman, I have a motion to approve the following agenda item 15. Barry Knight: Thank you. There is a motion on the floor. I have a second by Kathy Katsias. Is there any discussion on the consent agenda from the Commission members? Okay. I'll call for the question. Ed Weeden: By a vote of 10-0, the Board has approved item 15 for consent. Barry Knight: Thank you Mr. Weeden. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE 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 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING THOSE CERTAIN UNIMPROVED ALLEYS KNOWN AS PUBLIC ALLEYS OF BLOCK 135 AS SHOWN ON THAT CERTAIN PLAT ENTITLED "EXHIBIT 'C' SHOWING PUBLIC ALLEYS OF BLOCK 135 TO BE CLOSED (M.B. 7, PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY 36, 2007" 14 WHEREAS, the School Board of the City of Virginia Beach applied to the 15 Council of the City of Virginia Beach, Virginia, to have the hereinafter described alleys 16 discontinued, closed, and vacated; and 17 18 WHEREAS, it is the judgment of the Council that said alleys be 19 discontinued, closed, and vacated, subject to certain conditions having been met on or 20 before one (1) year from City Council's adoption of this Ordinance; 21 22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 23 Virginia Beach, Virginia: 24 25 SECTION 1 26 27 That the hereinafter described alleys be discontinued, closed and vacated, 28 subject to certain conditions being met on or before one (1) year from City Council's 29 adoption of this ordinance: 30 31 All that certain piece or parcel of land situate, lying and being 32 in the City of Virginia Beach, Virginia, designated and 33 described as "PORTION OF PUBLIC ALLEYS TO BE 34 CLOSED AREA = 7,650 SF OR 0.176 ACRES" shown as 35 the hatched area on that certain plat entitled: "EXHIBIT 'C' 36 SHOWING PUBLIC ALLEYS OF BLOCK 135 TO BE 37 CLOSED (M.B. 7, PG. 101) VIRGINIA BEACH, VIRGINIA 38 JANUARY 30, 2007" Scale: 1 "= 60', prepared by MSA, P. C., 39 a copy of which is attached hereto as Exhibit A. 40 41 42 43 GPI N: 2417-89-3186 44 SECTION II 45 46 The following conditions must be met on or before one (1) year from City 47 Council's adoption of this ordinance: 48 49 1. The City Attorney's Office will make the final determination regarding 50 ownership of the underlying fee. The purchase price to be paid to the City is normally 51 determined according to the "Policy Regarding Purchase of City's Interest in Streets 52 Pursuant to Street Closures," approved by City Council. [Copies of said policy are 53 available in the Planning Department.] No purchase price shall be charged in this 54 street closure, however, because the School Board of the City of Virginia Beach is the 55 applicant seeking this street closure and has used the property for school purposes for 56 over fifty (50) years. 57 58 2. The applicant shall resubdivide the property and vacate internal lot 59 lines to incorporate the closed area into the adjoining parcels. The resubdivision plat 60 shall be submitted and approved for recordation prior to final street closure approval. 61 62 3. The applicant shall verify that no private utilities exist within the right -of - 63 way proposed for closure. Preliminary comments from the utility companies indicate 64 that there are no private utilities within the right-of-way proposed for closure. If private 65 utilities do exist, the applicant shall provide easements satisfactory to the utility 66 companies. 67 68 4. Closure of the right-of-way shall be contingent upon compliance with 69 the above stated conditions within one (1) year of approval by City Council. If all 70 conditions noted above are not in compliance and the final plat is not approved within 71 one (1) year of the City Council vote to close the street, this approval will be considered 72 null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before July 16, 77 2008, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before July 16, 2008, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the 84 underlying fee, the City Manager or his designee is authorized to execute whatever 85 documents, if any, that may be requested to convey such interest, provided said 86 documents are approved by the City Attorney's Office. 87 88 89 90 91 92 93 94 95 96 97 SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor' and the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH as "Grantee." Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2007. CA -10179 V:\applicazims\citylawprod\r. o 2\Wpdocs\DO25\M2\OW35843.WC R-1 June 25, 2007 3 APPROVED AS T AL SUFFICIENCY: City Attorney CITY OF VIRGINIA BEACH CYPRESS A kENVE (60' RI W) GPIN #2417-89-7221 (FORMERL Y CASPIAN A kpyge� (M.B. 115, PG. 52) (VACAITD BY 011-Y COUNCIL SEPT. 9, 1969) 1 r M.B. 115 PG. 52) N : E1 CITY OF VIRGINIA BEACH o GPIN #2417-89-3186 (M.B. 7, PG. 101) 3 m CITY OF VIRGINIA BEACH CYPRESS AWCA NW (60' RIW) GPIN .#115,—G.-52)21 VACATEDRBYRC/TY COUNC/LASEPT.E)9, 1963) (M.BP( (M. B. 115, PG. 52) S 13'53'53" E 400.00' r z _ CITY OF VIRGINIA BEACH o o GPIN #2417-89-3186 0 14 (M.B. 7, PG. 101) S 13'53'53" E 400.00' to N '\ N 13'53'53" W 195.00' N 13'53'53" W 195.00' 10.00' 10.00' N 76'06'07" E S 76'06'07" W 01 � OO W � W m CITY OF VIRGINIA BEACH o o CITY OF VIRGINIA BEACH (� t� GPIN #2417-89-3186 (i GPIN #2417-89-3186 (M.B. 7, PG. 101) M ° (M.B. 7, PG. 101) w N b N 3 n w W 3 M i0 r to z p p N O p n to r z N ®DENOTES PORTION OF PUBLIC ALLEYS TO BE CLOSED AREA=7,650 SF OR 0.176 ACRES 10.00' N 13'53'53" W N 13'53'53" WN 13'53"53" W PARKS A VFNUE (60' RIW) (PAPER 5TREET� (M.R 7, PG. 101) EXHIBIT 'C' SHOWING PUBLIC ALLEYS OF BLOCK 135 yRGIN� TO BE CLOSED syS�p,AN VIRGINIA BEACH, VIRGINIA �983�1993 HONE�DWATF JANUARY 30, 2007 RN) MSA➢ Psis Landscape Architecture • Planning Surveying • Engineering Environmental Sciences 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708 PHONE (757) 490-9264 • FAX (757) 490-0634 JOB# 04005 PLAT RECORDED IN ZONED: R5S DATE: 01-30-07 SCALE: 1"=60' DWN BY: JCA (MB 7, PG 101) E-Aj#j ! A # I Date Description Action 1 06/23/01 Street Closure Approved ZONING HISTORY CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 9 s� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: In the matter of closing, vacating and discontinuing those certain alleys known as Public Alleys of Block 126 as shown on that certain plat entitled "EXHIBIT `D' SHOWING PUBLIC ALLEYS OF BLOCK 126 TO BE CLOSED (M.B. 5, PG. 103) VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007". DISTRICT 6 — BEACH _ MEETING DATE: July 17, 2007 ■ Background: The applicant, the School Board of the City of Virginia Beach, requests closure of the alleys within Block 126, as shown on "Map No. 6, Part of the Property of the Virginia Beach Development Co.", to allow the Virginia Beach Middle School project to proceed. The Virginia Beach Public School system will demolish and replace the existing Virginia Beach Middle School. Apparently, at the time of construction of the existing school and athletic fields, circa 1952, there was no requirement to vacate and incorporate rights -of -ways into a site before construction. ■ Considerations: The Viewers met and determined there will be no public inconvenience if these alleys are closed and incorporated into the site. Staff concludes closure of the rights -of -ways, to be incorporated into the proposed redevelopment of Virginia Beach Middle School, is acceptable with the conditions below. The Planning Commission placed this item on the consent agenda because the proposed closures will not result in any public inconvenience and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. [Copies of said policy are available in the Planning Department.] No purchase price shall be charged in this street closure, however, because the School Board of the City of Virginia Beach is the owner of the underlying fee, the applicant seeking this street closure, and has used the property for school purposes for over fifty (50) years. Virginia Beach City Public Schools — Block 126 Alleys Page 2 of 2 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the rights -of -ways shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. City Attorney's Office and also Schools recommend indefinite deferral due to title issues that need to be resolved. Submitting Department(Agel/ncy: Planning Department City Manage . VIRGINIA BEACH CITY PUBLIC SCHOOLS Agenda Item 15 June 13, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: � ��//iii%%�i'P" �. ;, '• Ya/ `tit. N Discontinuance, closure and abandonment of a portion of 25th Street beginning on the west side of Cypress Avenue and extending approximately 560 feet to its terminus; a portion of Parks Avenue beginning on the north side of 24th Street to the south side of 25th Street; alleys located in Block 135, Plat of Ridgecrest beginning on the east side of Parks Avenue and running 365 feet in an easterly direction and beginning on the north side of 24th Street and extending to the south side of 25th Street; and, alleys located in Block 126, Part of Property of the Virginia Beach Development Authority beginning on the east side of Cypress Avenue and running in an easterly direction to the west side of Mediterranean Avenue, beginning at a point 120 feet east of Cypress Avenue and running in a northerly direction from the north side of 24th Street to the south side of 25th Street, beginning at a point 120 feet west of Mediterranean Avenue from the north side of 24th Street to the south side of 25th Street. ADDRESS / DESCRIPTION: Property located at 600 25th Street COUNCIL ELECTION DISTRICT: 6 -BEACH SUMMARY OF REQUEST The applicant requests closure of the streets and alleys to allow the Virginia Beach Middle School project to proceed. The Virginia Beach Public School system will demolish and replace the existing Virginia Beach Middle School. Apparently, at the time of construction of the existing school, there was no requirement to vacate and incorporate rights -of -ways into a site before construction. The areas to be closed include existing public alleys within the school site, a portion of 25t° Street, and Parks Avenue. Staff has included the proposed site plan and building elevations for the new school at the end of this report. CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 1 LAND USE AND ZONING INFORMATION. -- EXISTING LAND USE: Virginia Beach Middle School SURROUNDING LAND North: . 25"' Street USE AND ZONING: . Across 25hth Street are Single-family and duplex dwellings South: . 24th Street • Across 24th Street are Single-family and duplex dwellings East: . Mediterranean Avenue • Across Mediterranean Avenue are Single-family and duplex dwellings - West: . City Property / P-1 Preservation District NATURAL RESOURCE AND The site is located within the Resource Protection and Resource CULTURAL FEATURES: Management Areas of the Chesapeake Bay Preservation Area. The proposed development is currently under review in the Development Services Center. AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana. Replacement of the building is considered a permitted nonconforming use. IMPACT ON CITY SERVICES WATER: There are no water lines located within the proposed street closures. SEWER: There are no sewer lines in the areas proposed for closure. PRIVATE UTILITIES: There are no private utilities located within the proposed street closures Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Evaluation: The Viewers met and determined there will be no public inconvenience if the streets and alleyways are closed and incorporated into the site. Staff concludes closure of the rights -of -ways, to be incorporated into the proposed redevelopment of Virginia Beach Middle School, is acceptable with the conditions below. CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 2 CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the rights -of -ways shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final. plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 3 AERIAL OF SITE LOCATION CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 4 MZ27/TERRANEAN AVENUE (60' RIW) (M.B. 5 PG 103) CITY OF VIRGINIA BEACH CITY OF VIRGINIA BEACH GPIN #2417-99-1321 # GPIN #2417-99-1321 (M.B. 5, PG. 103) o (M.S. 5, PG. 103) ®DENOTES PORTION OF PUBLIC ALLEYS v, TO BE CLOSED AREA -17,600 SF OR 0.404 ACRES N 1353-53' W 190.00' N 13'53'53' W 190.00' 10.00' g g 10.00' N 7696'07' E o S 76'06'07' W r W 3 c 8 CITY OF VIRGINIA BEACHW ; CITY OF VIRGINIA BEACH c GPIN #2417-99-1321 GPIN #2417-99-1321 g $ (M.S. 5, PG. 103) (M.B. 5, PG. 103) $ z � N 3479{09.69 nH E 12218686.32 h 20.00,N 13'53'53' W 190.00' 190.00' N 1333'53' W N 1353'53' W CITY OF VIRGINIA BEACH CYPRESS AVENUE (60' R/1Y) GPIN #2417-89-7221[_OWUM Y C4 -(PIAN AY£NU£) (M.B. 115. PG. 52) (YAC BY a7Y COUNGYL SEPT..9 1963) (M.B 115 PC 52) EXHIBIT 'D' SHOWING PUBLIC ALLEYS OF BLOCK 126 `"Wa TO BE CLOSED TO( W,�� (M.S. 5, PG. 103) t�sj 0� VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007 LISA. P.C. 1-ndscage Architec tu- • Planning S—.Ying • Engin—ing Environ== Sciences 5033 ROUSEDRIVF. VIRG7.47A MAC % VA 23462 TM PHOZM (M) 4904264- FAX C7M a9D-oLss JOB# 04005 PLAT RECORDED IN ZONED. R5S DATE: 01-30-07 I SCALE: 1'-60' I DWN BY: JCA (MB 5, PG 103) SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 5 Z S 1353'53' E 190.00' N S 1333'53'.7E 190.00' N 1333'53' W 190.00' N 1333'53' W 190.00' 01 10.00' 10.00' 0 S4 �'� N 7696'07' E S 7696'07' W O �ztp QQ kw k W 0 CITY OF VIRGINIA BEACH GPIN a CITY OF VIRGMBA BEACH t' #2417-99-1321 GPIN #2417-99-1321 (M.B. 5, PG. 103) (M.B. 5, PG. 103) ®DENOTES PORTION OF PUBLIC ALLEYS v, TO BE CLOSED AREA -17,600 SF OR 0.404 ACRES N 1353-53' W 190.00' N 13'53'53' W 190.00' 10.00' g g 10.00' N 7696'07' E o S 76'06'07' W r W 3 c 8 CITY OF VIRGINIA BEACHW ; CITY OF VIRGINIA BEACH c GPIN #2417-99-1321 GPIN #2417-99-1321 g $ (M.S. 5, PG. 103) (M.B. 5, PG. 103) $ z � N 3479{09.69 nH E 12218686.32 h 20.00,N 13'53'53' W 190.00' 190.00' N 1333'53' W N 1353'53' W CITY OF VIRGINIA BEACH CYPRESS AVENUE (60' R/1Y) GPIN #2417-89-7221[_OWUM Y C4 -(PIAN AY£NU£) (M.B. 115. PG. 52) (YAC BY a7Y COUNGYL SEPT..9 1963) (M.B 115 PC 52) EXHIBIT 'D' SHOWING PUBLIC ALLEYS OF BLOCK 126 `"Wa TO BE CLOSED TO( W,�� (M.S. 5, PG. 103) t�sj 0� VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007 LISA. P.C. 1-ndscage Architec tu- • Planning S—.Ying • Engin—ing Environ== Sciences 5033 ROUSEDRIVF. VIRG7.47A MAC % VA 23462 TM PHOZM (M) 4904264- FAX C7M a9D-oLss JOB# 04005 PLAT RECORDED IN ZONED. R5S DATE: 01-30-07 I SCALE: 1'-60' I DWN BY: JCA (MB 5, PG 103) SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 5 ORWM9 AVENUE "s CYPRESS' AVENUE 1333'53' E 60' (80' RIW) (F0IPNERLY C4501AN_AkDVIIr) — TALB- 7, PG 101) j (SAG W BY WY CWN0Z / SEPT. 9, 1963) /NE t312 8 218620.09 — 07r 0' MOM ArWW / 0 —0 07Y4F WOW (�lJ _ 3 3 X17-R9sJ7� �% (K67, PC 7mJ -- -- � � Qom•/// � N y Tsx PC 1w) / pret � x lop -- -- (�j� �• / DENOTES PORTION ® OF25TH STREET "A noxa' v / TO BE CLOSED AREA-30,543 SF 4) h OR 0.701 ACRES " 7 A1: 107) / -- E7EfYECAj 2417-OA-14&(zed Fa BPAOfE'YEIf.VP7AY � MA 2Sk= 7lJ/ Ppa G 7719 \ k iG 707 (06 Am M .itl j E tY.2181�427�Y A E)HPOR71ON OWINF ; PARKS AVENUE 251H STREET "'* s (60' RI W) TO BE CLOSED f (PAPER STREET) (N.e. 7, PG_ 101) 26'to ��&4.00 (A/B. 7, PC 101)V RGINIA BEACH, VIRGINIA s133555E ~ 7fy(A/B. 29P& 75) JANUARY 30, 2007 �J. f N 133553' w 1VISA. P.c_ I.m3demP A.-chitw am • Fiaaning Smr9eyiog • Engioecil3g Easimnmrnrai Sdrnoes 5033R0MZDRZVZT RG07AREnQj YA2MQ-rM FEWM (3!7)490.9764 - FAx0a7j 1911463/ 'QBf 04005 PUT RECORDED IN ZONED: RSS I DATE 01-30-07 1 SCALE: 1--SO' I DWN BY: JCA (MB 7. PG 101) SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 6 25th STREET (110' R/W) (M.B. 7 PG. 101) e S = g N 78'08'07' E G u j j N 122181 2.7 AE E 1221814272 4 j�. j/ CITY OF VIRGINIA BEACH 2417-89-3186 (M.S. 7, PG. 101) 4 4 j/ "V � ® DENOTES PORTION OF �y PARKS AVENUE TO B0 a CLOSED AREAE 4 000 SF CITY OF VIRGINIA BEACHOR 0.551 ACRES 2417-88-1818 (D.S. 495, PG. 445) y (M.S. 36, PG. 40) .� SVS N 3473M.89 5 1333'53' E ! E 72218238.8D 200 88. `A,�5�� 5 7808'OT W EXHIBIT 'B' SHOWING s 7VW'0� W A PORIM OF 24th STREET 24th STREET (50 R/W) PARKS AVENUE (80' R/W) (FOR M r O S7REETJ R S CLOSED (M.B. 29, PG. 75J (M.B. 7, PG. 101) (MMB. 7, PG 101) VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007 MSA, landscape Ai rlitenum • Planning Surveying' Engineering Eataonmmtal Scien«s 5033 ROV=DRR'S YaIGLYL -4 CH, VA Z019 -M PHON'E(757)4W9264 • FAR(J5)4960W �# 0400' PLAT RECORDED IN ZONED: R5S DATE: 01-30-07 1 SCALE: 1'-50' I DWN BY: JCA I (M8 7, PG 101) SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 7 CITY OF VIRGINIA BEACH CYPRESS AfEWZAE (60' R/W� GPIN #2417-89-7221 LMMERLY CASPIAN AY£NUEJ (M.B. 115, PG. 52) (YACA7IW BY LYTY COUM SEPT. 9, 1963) S 13WSS E (A/.B. 115 PG. 52) CITY OF VIRGINIA BEACH GPIN #2417-89-3186 (M.S. 7. PG. 101) ®DENOTES PORTION OF PUBLIC ALLEYS TO BE CLOSED AREA -7,650 SF OR 0.176 ACRES PA14K.S AW9W (60' R/W) N law" w N 1353'55 W 195.00' N 1353'53' W 195.00' ` 10.00' R O^ N 76106'07 E S 75V6O7' W TO BE CLOSED (MS. 7, PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007 CN 4i� pWp�� hm 0) CITY OF VIRGINIA BEACH GPIN #2417-89-3186 CITY OF ? A BEACH GPIN (m 41 C` (M.B. 7, PG. 101) „ #24417-817-8 9-3186 $ (M.B. 7, PG. 101) N N ®DENOTES PORTION OF PUBLIC ALLEYS TO BE CLOSED AREA -7,650 SF OR 0.176 ACRES PA14K.S AW9W (60' R/W) N law" w (PAPER s7REETJ (ALB. 7 PG 101) EXHIBIT 'C' SHOWING aIBUC ALLEYS OF BLDOC 1335 TO BE CLOSED (MS. 7, PG. 101) VIRGINIA BEACH, VIRGINIA JANUARY 30, 2007 CN ta.-trmtt ter. tr�tt tat. 1I. ut - tt1. � i Ott ta11, �� 37t tt11, ��L tai'\ �Jt � O�4 7.1a to i - to�av ttt�. Ittt - tttr� qIt taG»uSczi=ccs tua iat� ucilvu J06# 04005 )RDED IN SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 8 0 M PROPOSED SITE PLAN CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 10 2 « uj« � � uj 3 ui � z 0 � » Lu Lu yI. - 4n & 10 - -j O 0 U 2 �^ oz O £2 �« » 4 -j Lu e io 2 20 .� 2 > PROPOSED BU|LONG ELEVATION CITY OFVIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 11 NOUDII&V HfIS013 BUIS m1 of yi a y c 8 oom tamQc`��a�-' o3i-a is rg_aTe i a � nm� 8 �m *�J �� W m C• C O - L_M 52. O Erica cocci N O jS - c' iz-a � �_ ❑ oM zi n_ Q - _ w J L of yi p y c 8 0 is rg_aTe a m C GC 4 y_ N O jS - c' iz-a � �_ ❑ oM c� n_ oG p_ w NOIZd'JI'IddV fl2IRS0'I:),Lardl21ZS CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 12 y c 8 0 a m N O jS - c' pv � �_ ❑ oM c� n_ oG p_ _ w J L J rJ y = j c IL m - ^- c L C LJ w NOIZd'JI'IddV fl2IRS0'I:),Lardl21ZS CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 12 Dr..James Q Merrill, Superb*zindeet (757) 263-1007 Dianne P. Alexander, Clerk of the Board (757) 263-1016 2512 George Mason Dove, P.O. Box 6038, Virginia Beach, VA 23456.0038 rville 717-0259 Mr. Daniel D. "Dan" Edwards ally 1,1 1998 -DDecember 31, 2008 495-3551 (home) Chairman 495-9576 (fax) 1513 Beachview Drive dedwscolbd@aol.com Virginia Beach, VA 23464 Mrs. Rita Sweet Bellitto At -Large 418-0960 (cell) Vice-ChairmanJuly 1, 2004 - December 31, 2008 sweet4schoolS@earthbnk.net P.O. Box 6448 Virginia Beach, VA 23456 Mr. Todd C. Davidson At -Large 427-3330 (office) 2424 Savannah Trail luly 1, 2006 - December 31, 2010 285-9409 (cell) Virginia Beach, VA 23456 430-6447 (fax -office) tcdavi@verizon.net Mrs. Emma LEm" Davis District S - Lynnhaven 340-8911 (home) 1125 Michaelwood Drive July 1, 2002 - December 31, 2010 340-1981 (fax) Virginia Beach, VA 23452 edavis209@cox-net Mrs. Patricia G. Edmonson District 6 - Beach 428-5240 (home) 401-205 Harbour Paint July 1, 2006 - December 31, 2010 431-1987 (fax) Virginia Beach, VA 23451-7130 Pat�_s&odboard@hotmaii.com Mr. Edward F. Fissinger, Sr. At -Large 486-4567 (home) 412 Becton Place July 1, 2004 - December 31, 2008 216-3887 (fax) Virginia Beach, VA 23452 ed.fissinger@verizon.net Mr. Dan R. Lowe District 4 - Bayside 490-3681(home) 4617 Red Coat Road July 1, 1998 - December 31, 2010 490-9615 (fax) Virginia Beach, VA 23455 drlowe2345@aol.com Mr. Lyndon S. Remias District 7 - Princess Anne 630-6102 (tell) 3225 Nansemond Loop July 1, 2006 - December 31, 2010 Lremias@yahoo.com Virginia Beach, VA 23456 Ms. Sandra Smith -Jones District 2- Kempsville 490-8167 (hone) 705 Rode Geek Court July 1, 2004 - December 31, 2008 490-8167 (fax) Virginia Beach, VA 23462 At -Large Seat vote4smithjones@ao1.0om July 1, 2000 - June 30, 2004 Mr. Michael W. Stewart District 3 - Rose Hall 498-4303 (home) 105 Brentwood CourtJuly 1, 2000 - December 31, 2008 445-4637 (office) Virginia Beach, VA 23452 444-0698 (fax -office) e) l.com Mrs. Carolyn D. Weems At -Large 464.6674 (home) 1420 Claudia Drive July 1, 2002 - December 31, 2010 363-8281(fax) Virginia Beach, VA 23455 carofyn4kid5Calcox.net ItGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF TME CURVE CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 15 Page 13 Item #15 Virginia Beach City Public Schools Discontinuance, closure and abandonment of a portion of 25th Street beginning on the west side of Cypress Avenue and Extending approximately 560 feet to its terminus; a portion of Parks Avenue beginning on the north side of 24th Street to the South side of 25th Street,; alleys located in Block 135, Plat of Ridgecrest beginning on the east side of Parks Avenue and running 365 feet in an easterly direction and beginning on the north side of 20' Street and extending to the south side of 25th Street; and alleys Located in Block 126, Part of Property of the Virginia Beach - Development Authority beginning on the east side of Cypress Avenue And running in an easterly direction to the west side of Mediterranean Avenue, beginning at a point 120 feet east of Cypress Avenue and Running in a northerly direction from the north side of 24th Street to The south side of 25th Street, beginning at a point 125 feet west of Mediterranean Avenue from the north side of 24th Street to the south side of 25th Street. June 13, 2007 CONSENT Janice Anderson: The next matter is agenda item 15. This is an application from the Virginia Beach City Public Schools. This is for the discontinuance, closure and abandonment of a portion of 25th Street, a portion of Parks Avenue and several associated alleys. This is located on property on Mediterranean. This is the existing Virginia Beach Middle School site. We have Mike Ross and Tony Arnold from the School Board here. Thank you. Tony Arnold: Good afternoon and thank you. Chairman Knight and members of the Commission, my name is Tony Arnold. I'm the Director of Facilities for the School System. I've got with me Mike Ross, Principal in Charge with HBA Architects. First the conditions placed on the application are fine by the school division. Given the significance of this capital project, we felt like it would be a good idea for the public to understand what we're dong with the Virginia Beach Middle School. Beach Middle School is our oldest middle school. It was originally built in 1952. It was the old Virginia Beach High School. We have a capital project to replace Virginia Beach Middle School on the existing site. As part of this project, we need to simply close the alleys that exist underneath the existing building now, and the ball fields, as well as close part of Parks Avenue. It's a paper street that is actually in a wetland area. Also, to close part of 25th Street, where actually our football bleachers have sat for the better part of 30 to 40 years. We view that as a matter of cleaning up some existing paper street issues. The capital project will build a new three-story middle school where the current football field is located. It is a 52 million dollar capital project. It also will create a physical link and a programmatic link between the middle school and the contemporary art center. We're also getting ready to break ground on improvements to Beach Garden Park, an under Item #15 Virginia Beach City Public Schools Page 2 utilized City park, where we would create baseball, softball and multipurpose fields. We've partnered with your Department of Parks and Recreation on that project. We have been in front of the Resort Advisory Commission, Design Review Committee on three occasions. We have their support with the design of the building. Also, the Old Beach District Design Committee, and have their support. We've been through the Board of Zoning Appeals and got the height variance to the height of the building. We feel like Mike from HBA Architects has really designed a wonderful Coastal -style looking school that would blend in with the fabric of the community. We think it's a wonderful capital project. The project itself should start later this year and finish up in -2010. I would be happy to answer any questions Commission members may have. Thank you. Janice Anderson: Any questions? Thank you very much for the presentation Mr. Arnold. Tony Arnold: Thank you. Janice Anderson: Is there any objection to this matter being placed on the consent agenda? Mr. Chairman, I have a motion to approve the following agenda item 15. Barry Knight: Thank you. There is a motion on the floor. I have a second by Kathy Katsias. Is there any discussion on the consent agenda from the Commission members? Okay. I'll call for the question. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE WOOD AYE ABS 0 ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 15 for consent. Barry Knight: Thank you Mr. Weeden. 1 2 3 4 5 6 IN THE MATTER OF CLOSING, VACATING AND 7 DISCONTINUING THOSE CERTAIN ALLEYS 8 KNOWN AS PUBLIC ALLEYS OF BLOCK 126 AS 9 SHOWN ON THAT CERTAIN PLAT ENTITLED 10 "EXHIBIT 'D' SHOWING PUBLIC ALLEYS OF 11 BLOCK 126 TO BE CLOSED (M.B. 5, PG. 103) 12 VIRGINIA BEACH, VIRGINIA JANUARY 3U, 2007" 13 14 WHEREAS, the School Board of the City of Virginia Beach applied to the 15 Council of the City of Virginia Beach, Virginia, to have the hereinafter described alleys 16 discontinued, closed, and vacated; and 17 18 WHEREAS, it is the judgment of the Council that said alleys be 19 discontinued, closed, and vacated, subject to certain conditions having been met on or 20 before one (1) year from City Council's adoption of this Ordinance; 21 22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 23 Virginia Beach, Virginia: 24 25 SECTION 1 26 27 That the hereinafter described alleys be discontinued, closed and vacated, 28 subject to certain conditions being met on or before one (1) year from City Council's 29 adoption of this ordinance: 30 31 All that certain piece or parcel of land situate, lying and being 32 in the City of Virginia Beach, Virginia, designated and 33 described as "PORTION OF PUBLIC ALLEYS TO BE 34 CLOSED AREA = 17,600 SF OR 0.404 ACRES" shown as 35 the hatched area on that certain plat entitled: "EXHIBIT 'D' 36 SHOWING PUBLIC ALLEYS OF BLOCK 126 TO BE 37 CLOSED (M.B. 5, PG. 103) VIRGINIA BEACH, VIRGINIA 38 JANUARY 30, 2007" Scale: 1"= 60', prepared by MSA, P. C., 39 a copy of which is attached hereto as Exhibit A. 40 41 42 43 GPIN: 2417-99-1321, 2417-89-7221 44 SECTION II 45 46 The following conditions must be met on or before one (1) year from City 47 Council's adoption of this ordinance: 48 49 1. The City Attorney's Office will make the final determination regarding 50 ownership of the underlying fee. The purchase price to be paid to the City is normally 51 determined according to the "Policy Regarding Purchase of City's Interest in Streets 52 Pursuant to Street Closures," approved by City Council. [Copies of said policy are 53 available in the Planning Department.] No purchase price shall be charged in this 54 street closure, however, because the School Board of the City of Virginia Beach is the 55 owner of the underlying fee, the applicant seeking this street closure, and has used the 56 property for school purposes for over fifty (50) years. 57 58 2. The applicant shall resubdivide the property and vacate internal lot 59 lines to incorporate the closed area into the adjoining parcels. The resubdivision plat 60 shall be submitted and approved for recordation prior to final street closure approval. 61 62 3. The applicant shall verify that no private utilities exist within the right -of - 63 way proposed for closure. Preliminary comments from the utility companies indicate 64 that there are no private utilities within the right-of-way proposed for closure. If private 65 utilities do exist, the applicant shall provide easements satisfactory to the utility 66 companies. 67 68 4. Closure of the right-of-way shall be contingent upon compliance with 69 the above stated conditions within one (1) year of approval by City Council. If all 70 conditions noted above are not in compliance and the final plat is not approved within 71 one (1) year of the City Council vote to close the street, this approval will be considered 72 null and void. [Z9? 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before July 16, 77 2008, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before July 16, 2008, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the 84 underlying fee, the City Manager or his designee is authorized to execute whatever 85 documents, if any, that may be requested to convey such interest, provided said 86 documents are approved by the City Attorney's Office. 87 2 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 91 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 92 OF VIRGINIA BEACH as "Grantor' and the SCHOOL BOARD OF THE CITY OF 93 VIRGINIA BEACH as "Grantee." 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this 96 day of , 2007. 97 CA -10287 V:\applications\citylawprod\cycom32\ Wpdocs\D025\P002\00035872.DOC R-1 June 25, 2007 3 APPR VER', S T CONTENT: Planning &I5artment APPROVED AS LEG SUFFICI City Attorney C5 0 N MEDITERRANEAN A kENUE (60' R11W) (M.B. 5, RG. 103 S 13'53'53" E S 13'53'53" E 190.00' N 190.00' '9529.79 20.00' o o 19171.69 S 13'53'53" E o 0 N_ N_ CITY OF VIRGINIA BEACH W a CITY OF VIRGINIA BEACH GPIN #2417-99-1321 GPIN #2417-99-1321 (M.B. 5, PG. 103)o 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) 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) 3 o co n ti S 13'53'53" E 190.00' (n 17777 '�'t N 13'53'53" W 190.00' 10.00' 1 S 76'06'07" W �Oo 3 3 CITY OF VIRGINIA BEACH k� GPIN #2417-99-1321 0 (M.B. 5, PG. 103) n �i N CITY OF VIRGINIA BEACH GPIN #2417-99-1321 vn (M.B. 5, PG. 103) N 3 n 0 3 o® DENOTES PORTION OF o P 0 PUBLIC ALLEYS o N TO BE CLOSED N P AREA=17,600 SF n OR 0.404 ACRES C' N 13'53'53" W 190.00' 10.00' 0 N S 7606'07" W 3 3 CITY OF VIRGINIA BEACH o 0 GPIN #2417-99-1321 0 (M.B. 5, PG. 103) n �i 0 co n 20.00' vn N 13'5353" W N 13'53'53" W N 13'53'53" W CITY OF VIRGINIA BEACH C417972YPRESS Av kENUEN (60' RIW GPIN .#115,—G.-52)21 VACA( RBYRC/TY COUNC/LASEPT.E)9, 196,3 (M.BP (M. B. 115, PG. 5-9) EXHIBIT 'D' SHOWING PiCBUC i S O a BL= 126 "R7'N14 ST TO BE CLOSED S �At,A 0 PZ4/v VIRGINIA BEACH, VIRGINIA '983/t9g3 HARH�N o,Nq� JANUARY 30, 2007 MSAP.C. 11 Landscape Architecture • Planning Surveying • Engineering Environmental Sciences 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708 PHONE (757) 490-9264 • FAX (757) 490-0634 JOB# 04005 PLAT RECORDED IN ZONED: R5S DATE: 01-30-07 1 SCALE: 1"=60' DWN BY: JCA (MB 5, PG 103) cxoi6jr g -39- Iteon IV -K4 PUBLIC HEARING ITEM R 39896 PLANNING BY CONSENT Upon motion by Yue Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED an Ordinance upon application of UNION BAPTIST CHURCH for a Conditional Use Permdt: ORDINANCE UPON APPLICATION OF UNION BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R010951990 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Union Baptist Church for a Conditional Use Permit for a church on the north side of South Boulevard, 600 feet more or less northeast of Independence Boulevard Said parcel is located at 4606 South Boulevard and contains 1.186 acres. KEMPSVILLE BOROUGH. The following condition shall be required: 1. Best Management Practice Facilities shall be located in a manner which preserves on-site trees to the greatest extent practicable. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth of October. Nineteen Hundred and Nine! -Five voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E Oberndorf, Nancy K Parer, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent. None October 17, 1995 Item V -L.3. PLANNING Voting: 10-0 (By Consent) Council Members Voting Aye: -41 - ITEM # 53 73 7 (Continued) Harry E. Diezel, Robert M. Dyer, S. McClanan, Richard A. Maddox, Reeve, Peter W. Schmidt, Ron A. Council Members Voting Nay: None Council Members Absent: James L. Wood Vice Mayor Louis R. Jones, Reba Mayor Meyera E. Oberndorf, Jim Villanueva and Rosemary Wilson March 22, 2005 l 90z Item V -L.3. PLANNING ITEM # 53 73 7 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council MODIFED a Conditional Use Permit upon application of UNIONBAPTIST CHURCH (approved by City Council on October 17, 1995) to allow the church a three (3) story mezzanine building and expand the church at 4608 South Boulevard: ORDINANCE UPONAPPLICATIONOF UNIONBAPTIST CHURCH FOR A CONDITIONAL USE PERMITFOR A CHURCHEXPANSION R030531241 - BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Union Baptist Church for a Conditional Use Permit for a church expansion on property located at 4608 South Boulevard (GPIN 14774192980000). DISTRICT 3 ROSE HALL The following conditions shall be required: When the multi-purpose center is constructed, it shall be in general conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Union Baptist Church, 4608 South Boulevard, Virginia Beach, VA, "prepared by MSA, P. C., dated 12/01104, subject to any changes in the footprint of the building that may result due to action of the Board of Zoning Appeals. 2. When the multi-purpose center is constructed, it shall be in substantial conformance with the elevations entitled, " Front Elevation, Union Baptist Multipurpose Center, Virginia Beach, VA, " prepared by Rancorn Wildman Architects, subject to any changes that occur due to modifications in the footprint of the building resulting from action of the Board of Zoning Appeals. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of March Two Thousand Five March 22, 2005 Mop oS' ) Not to Scale Union Baptist Church 1-264 rMt 1-264 0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Union Baptist Church for a Modification of Conditions for a Conditional Use Permit approved by City Council on October 17, 1995 and modified on March 22, 2005. Property is located at 4608 South Boulevard (GPIN 1477419298). DISTRICT 3 — ROSE HALL - MEETING DATE: July 17, 2007 ■ Background: The Conditional Use Permit permitting an expansion to the existing church for a multi-purpose center was approved by the City Council on March 22, 2005. The Conditional Use Permit has two (2) conditions: 1. When the multi-purpose center is constructed, is shall be in general conformance with the submitted plan entitled, "Conceptual Site Layout Plan of,.Union Baptist Church, 4608 South Boulevard, Virginia Beach, VA, prepared by MSA, P.C., dated 12/01/04, subject to any changes in the footprint of the building that may result due to action of the Board of Zoning Appeals. 2. When the multi-purpose center is constructed, it shall be in substantial conformance with the elevations entitled, " Front Elevation, Union Baptist Multipurpose Center, Virginia Beach, VA," prepared by Rancorn Wildman Architects, subject to any changes that occur due to modifications in the footprint of the building resulting from action of the Board of Zoning Appeals. Conditions land 2 are specifically related to a proposal that is now in conflict with the current goals of the church; therefore, revised plans have been submitted that reflect the church's updated goals and plans. ■ Considerations: The 2005 request was for a 9,097 square foot, three (3) story structure with a mezzanine that connected to the existing church via an overhead walkway. This proposal is for a 6,020 square foot addition for a 637 seat sanctuary attached on the north side of the existing structure. Additional parking spaces will replace the two (2) story, brick structure on the west side of the site. There are 328 seats in the existing church. This addition will add another 637 seats for a total of 965 seats. The minimum required parking is 193 spaces. Forty-eight spaces are proposed on-site with another 152 available off-site on the adjacent property for a total of 200 parking spaces. Currently, the church shares parking with the office to the east as the parking needs are typically at opposite times of the day. Union Baptist Church Page 2 of 2 The 60 foot high addition is an attractive building with a widow's walk at the top. The exterior is primarily brick with large windows and brick soldiering to provide detailing to the walls. The church has been at this location for many years. The shared parking between the church and the office to the east has proved to work well. There do not appear to be any potential conflicts with the proposed expansion and the surrounding uses. The Planning Commission placed this item on the consent agenda because the expansion is appropriate, the church has been a valued resource to the community for over 100 years, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. The two conditions attached to the Conditional Use Permit granted by the City Council on March 22, 2005 are replaced with the following: a. When the proposed church addition is constructed, it shall be in general conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Union Baptist Church, 4608 South Boulevard, Virginia Beach, VA," prepared by MSA, P.C., dated 04/01/07. b. When the proposed church addition is constructed, it shall be in substantial conformance with the elevations entitled, "Proposed Multipurpose Wing, Union Baptist Church, 4608 South Boulevard, Virginia Beach, VA," prepared by Elemuel A. Watts, R.A., Advanced Drafting & Design, dated 11/06/06. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departme City Manager: )I—, � UNION BAPTIST CHURCH Agenda Item 8 June 13, 2007 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Modification of the Conditional Use Permit a roved b the Cit Council on conditional sr -..3� P. - r-�1 . ' L /J.. l .1 V11 y y use permit for a church approved by City Council on October 17, 1995 and the most recently on March 22, 2005. ADDRESS / DESCRIPTION: Property located at 4608 South Boulevard GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14774192980000 3 - ROSE HALL 1.158 acres The Conditional Use Permit permitting an expansion to the SUMMARY OF REQUEST existing church for a multi-purpose center was approved by the City Council on March 22, 2005. The Conditional Use Permit has two (2) conditions: 1. When the multi-purpose center is constructed, is shall be in general conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Union Baptist Church, 4608 South Boulevard, Virginia Beach, VA," prepared by MSA, P.C., dated 12/01/04, subject to any changes in the footprint of the building that may result due to action of the Board of Zoning Appeals. 2. When the multi-purpose center is constructed, it shall be in substantial conformance with the elevations entitled, " Front Elevation, Union Baptist Multipurpose Center, Virginia Beach, VA," prepared by Rancorn Wildman Architects, subject to any changes that occur due to modifications in the footprint of the building resulting from action of the Board of Zoning Appeals. Conditions land 2 are specifically related to a proposal that is now in conflict with the current goals of the church, therefore, revised plans have been submitted that reflect the church's updated goals and plans. UNION BAPTIST Agenda Item 8 Page 1 The 2005 request was for a 9,097 square foot, three (3) story structure with a mezzanine that connected to the existing church via an overhead walkway. This proposal is for a 6,020 square foot addition for a 637 seat sanctuary attached on the north side of the existing structure. Additional parking spaces will replace the two (2) story, brick structure on the west side of the site. There are 328 seats in the existing _ church. This addition will add another 637 seats for a total of 965 seats. The minimum required parking is 193 spaces. Forty-eight spaces are proposed on site with another 152 available off site on the adjacent property for a total of 200 parking spaces. Currently, the church shares parking with the office to the east as the parking needs are typically at opposite time frames. The 60 foot high addition is an attractive building with a widow's walk at the top. The exterior is primarily brick with large windows and brick soldiering to provide detailing to the walls. LAND USE AND ZONING INFORMATION EXISTING LAND USE: There is an existing residence and church on the property. SURROUNDING LAND North: . Interstate 264 access ramp USE AND ZONING: South: . Apartments/ A-18 Apartment District East: . Office / 1-1 Light Industrial District West: . Interstate 264 access ramp NATURAL RESOURCE AND This site is within the Chesapeake Bay watershed. There does not CULTURAL FEATURES: appear to be anything of environmental significance on the property. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Boulevard in the vicinity of this request is a two (2) lane local road. A CIP is slated for this area. The Pembroke Area Comprehensive Transportation Plan (CIP 2-238) is ongoing and involves a transportation study for the Central Business District surrounding Town Center. This study will develop short-term, mid-term, and long-term alternatives for transportation needs in the area. As part of the long-term improvements, there is one conceptual alignment that utilizes a portion of South Boulevard for a new roadway that bypasses around the Independence Boulevard/Interstate 264 interchange, heading toward Virginia Beach Boulevard. In addition, there is a conceptual alignment for an interstate ramp which will run from northbound South Independence Boulevard to eastbound 1-264. At this point, the Union Baptist Church site may only have minor impacts within the fronting right-of-way. note that no alternatives or alignments have been approved to this date. UNION BAPTIST Agenda Item 8 Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic 5,894 ADT (Level of Existing Land Use _ Service "C") — 8,700 ADT' 502 ADT Sundays South Boulevard 5,817 ADT' (Level of Service "D") s Proposed Land Use 1,476 ADT Sundays Average Daily Tnps Z as defined by existing church 3 as defined by proposed addition WATER: There is a 10 inch water main in South Boulevard. This site has an existing water meter that may be used or upgraded. SEWER: There is an 8 inch sanitary sewer main in South Boulevard. This site is already connected to City sanitary sewer. An analysis of pump station # 507 and the sanitary sewer system may be required to determine if flows can be accommodated. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this requested modification, as conditioned below. Comprehensive Plan: The Comprehensive Plan designates this area as a part of Strategic Growth Area # 4. This area is recommended for mixed use development including medium intensity and medium to high-rise office, business, hotel, and institutional. It is also recommended that Strategic Growth Area # 4 include a mix of residential types at varied densities as well as community centers and other compatible support uses. Evaluation: The church has been at this location for many years. The shared parking between the church and the office to the east has proved to work well. There do not appear to be any potential conflicts with the proposed expansion and the surrounding uses. As was the case in 2005, Staffs position is that the expansion of the church is acceptable as long as the parking arrangement with the property to the east continues, there do not appear to be any negative impacts to this request. Staff, therefore, recommends approval of this request subject to the conditions below. UNION BAPTIST Agenda Item 8 Page 3 CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on March 22, 2005, are replaced with the following: When the proposed church addition is constructed, is shall be in general conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Union Baptist Church, 4608 South Boulevard, Virginia Beach, VA," prepared by MSA, P.C., dated 04/01/07. When the proposed church addition is constructed, it shall be in substantial conformance with the elevations entitled, "Proposed Multipurpose Wing, Union Baptist Church, 4608 South Boulevard, Virginia Beach, VA," prepared by Elemuel A. Watts, R.A., Advanced Drafting & Design, dated 11/06/06. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. UNION BAPTIST Agenda Item 8 Page 4 AERIAL OF SITE LOCATION UNION BAPTIST Agenda Item 8 Page 5 PROPOSED SITE PLAN UNION BAPTIST Agenda Item 8 Page 6 I 0 Z co co Lu C Z 0 .uj 0 =< < cl) 0 < > > CL cr. Lu 0 (n < UJ iri< _j CL p: < CO Z Llj Cl) Z U) co < 0- 0 Cl) 0 cr uj 9 PROPOSED BUILDING ELEVATION UNION BAPTIST Agenda Item 8 Page 7 V Map E—s a. e Union Baptist Church CUP (auto service station, car wash) 2 10/29/96 CUP (hotel) 3 03/22/05 SS r. 10/17/95 CUP (church) x/030 --- i b G i CUP (church) 4 06/14/94 Modification of Conditions 04/23/91 Change of Zoning (B-2 to B-3 & 1-2 to B-3) 3�- Change of Zoning (B-2 to B-3) 6 07/07/85 03 >2, 7 10/07/85 Change of Zoning (R-8 to B-2) 8 04/09/84 CUP (TV transmission & relay station) 9 02/22/82 3 ] #i Conditionai 'Zoning - Recorded Proffers Modification of Conditions for Church addition 1 05/11/99 CUP (auto service station, car wash) 2 10/29/96 CUP (hotel) 3 03/22/05 CUP (church addition) 10/17/95 CUP (church) 01/22/90 CUP (church) 4 06/14/94 Modification of Conditions 04/23/91 Change of Zoning (B-2 to B-3 & 1-2 to B-3) 5 05/04/84 Change of Zoning (B-2 to B-3) 6 07/07/85 Change of Zoning (R-4 to B-2) 7 10/07/85 Change of Zoning (R-8 to B-2) 8 04/09/84 CUP (TV transmission & relay station) 9 02/22/82 Street Closure Denied Granted Granted Granted Granted Granted Granted Withdrawn Granted Granted Granted Granted ZONING HISTORY UNION BAPTIST Agenda Item 8 Page 8 NOIIV)IlddV SNOUIGNO) dO NOUV3100W r z cW G w F `Q r N W D U) 0 U W 7 U~ V ry s � R N I L O 0 0 E I C G 2 N u o c o w c Hid oRotoN a` a` �I fa N U -�- a' U O T Z L ^ N > V n G V - o G , D O T' u a a nu a�"'c cr,= y�'c �oUc oo� tq .y -c W= c Ix I p N o c v, tip o-co°'Nrn�pv r `1 i� U � En o u o ci > 0 52 m m c c c c o G^ J J At n U R _ N O fUA O C c"r _n C 5 O OLTy ui j` VO G O L w V S O 0= G YN ._ _ p A V uj Oma, � p 0 d O =' ry :V C✓ t -E y C ipD � ClL C OL OL O O J �2 U O_ CJ N ? L L C � LL O - m a0 . I O u95� �'n°o3�rn=moo c=� t'ycOV O t0 »� H ^ .- Q I _ C =°'.zz N o - O N C O 7 U~ V ry s � R uy+wr_C� C J= C C I L O 0 0 E I C G 2 N u o c o w c i oRotoN a` a` �I y N A n O J At n fUA O C c"r _n C 5 O OLTy ui j` 1-C H� t M»- ✓ A V uj Oma, N LTUirdW SNOWN03 dO NOII,YJIdIQON' DISCLOSURE STATEMENT UNION BAPTIST Agenda Item 8 Page 9 D � i y N W O J At n fUA O C c"r _n C 5 O OLTy ui j` 1-C I�� 2 Oma, p 0 m O J �2 U O'ti=J LL a0 . I O » - N Cl t'ycOV O t0 »� H ^ .- Q I _ C N o - O N C O U J I U U A :p U O _ ci N LTUirdW SNOWN03 dO NOII,YJIdIQON' DISCLOSURE STATEMENT UNION BAPTIST Agenda Item 8 Page 9 Item #8 Union Baptist Church Modification of Conditions 4608 South Boulevard District 3 Rose Hall June 13, 2007 CONSENT Janice Anderson: The next matter is agenda item. 8. That is the application of Union Baptist Church. This is for Modification of Conditions on a Conditional Use Permit dated March 22, 2005. This is on property located at 4608 South Boulevard. Welcome Mr. Perry. Michael Perry: Thank you. Chairman and members of the Planning Commission, my name is Michael Perry. I'm a local landscape architect representing Union Baptist Church. We have reviewed the conditions as stipulated and approve. I would like to mention that the pastor and some of the members have showed up in support of this application. Please stand. Thank you very much. Janice Anderson: Thank you Mr. Perry. Is there an objection to this matter being placed on the consent agenda? Seeing none, Gene Crabtree has been asked to review this application. Eugene Crabtree: This church came before us a couple of years ago with an application for some modifications and was approved. Since then, they have decided that it would be more to their advantage if they added a multi-purpose center and expanded it. This church has been existence for well over 100 years. At one time, it was the only thing on Southern Boulevard, and things have built up around it. In the interim, the church has expanded, and they need to expand more and to grow. It is an asset to the community, as it has always been, and consequently, we put it on the consent agenda. Janice Anderson: Thank you Mr. Crabtree. Mr. Chairman, I have a motion to approve the following agenda item 8. Barry Knight: Thank you. There is a motion on the floor. I have a second by Kathy Katsias. Is there any discussion on the consent agenda from the Commission members? Okay. I'll call for the question. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE Item #8 Union Baptist Church Page 2 HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE ABSENT WOOD AYE Ed Weeden: By a vote of 10-0, the Board has approved item 8 for consent. NW �� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of New Beginnings Outreach Ministries, Inc. for a Conditional Use Permit for a church on property located at 1409-B Lynnhaven Parkway (GPIN 1485783134). AICUZ is 65 to 70 dB Ldn. DISTRICT 3 — ROSE HALL MEETING DATE: July 17, 2007 ■ Background: The applicant requests a Conditional Use Permit to allow a church to be located within a shopping center. The church has occupied this location since February of 1998, but was unaware of the need for a Use Permit. During a recent inspection by the Fire Marshall, the church was made aware of the Conditional Use Permit requirement. ■ Considerations: The church has services and meetings on the first and third Tuesdays from 8:00 P.M. until 9:00 P.M., Wednesdays from 8:00 P.M. until 9:30 P.M., every other Friday from 8:00 P.M. until 11:00 P.M. and Sundays beginning at 7:00 A.M. until 3:00 P.M. The church currently has 85 individuals attending on Sunday (maximum attendance). The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in the area. This application is in conformance with the Comprehensive Plan's recommendations for this area. The proposal to continue use of this unit for a church is compatible with the other uses within this approximately 23,500 square feet shopping center, and, as demonstrated by its continuous use since 1998, will not negatively impact neighboring properties. There are a total of 166 parking spaces located in the front of the shopping center. Sufficient parking is available to accommodate the use and the other tenants of the shopping center. There was opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to _approve this request with the following conditions: 1. The applicant shall comply with all applicable City requirements for building codes, including fire safety and suppression, required for a change of use New Beginnings Outreach Ministries, Inc. Page 2 of 2 from retail commercial to a place of assembly prior to the issuance of an Occupancy Permit for this unit. This includes obtaining a Fire Inspection, a Fire Code Permit, and a Certificate of Occupancy from the Building Official's Office. 2. The number of congregants at any service shall not exceed the occupancy number for the unit as established by the City's Fire Marshall. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: 1 :b� Vyt NEW BEGINNINGS OUTREACH MINISTRIES, INC. Agenda Item 6 June 13, 2007 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for church. ADDRESS / DESCRIPTION: Property located at 1409-B Lynnhaven Parkway. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14857831340000 3 — ROSE HALL Part of 3.7 acre shopping center 1,300 square feet (proposed area) The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST church to be located within a shopping center. The church has occupied this location since February of 1998, but was unaware of the need for a Use Permit. During a recent inspection by the Fire Marshall, the church was made aware of the Conditional Use Permit requirement. The church has services and meetings on the first and third Tuesdays from 8:00 P.M. until 9:00 P.M., Wednesdays from 8:00 P.M. until 9:30 P.M., every other Friday from 8:00 P.M. until 11:00 P.M. and Sundays beginning at 7:00 A.M. until 3:00 P.M. The church currently has 85 individuals attending on Sunday (maximum attendance). LAND USE AND ZONING INFORMATION EXISTING LAND USE: Commercial shopping center SURROUNDING LAND North: . Retail shops / B-2 Community Business District USE AND ZONING: South: . Wachovia Bank / B-2 Community Business District East: . Wachovia Bank / B-2 Community Business District NEW BEGINNINGS OUTREACH MINISTRIES, INC. Agenda Item 6 Page 1 West: . Single-family homes/ R-10 Residential District NATURAL RESOURCE AND There are no significant natural resources or cultural features on this CULTURAL FEATURES: property as it is almost entirely impervious. AICUZ: The site is in an AICUZ of 65 dB Ldn to 70 dB Ldn surrounding NAS Oceana. The use is compatible within this AICUZ. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT -PROGRAM (CIP): Lynnhaven Parkway in the vicinity of this application is classified as a major urban arterial. There are currently no CIP projects scheduled for this section of Lynnhaven Parkway. There is no professional data on trip generation for this subject use (church assembly meeting at various times during the week and weekends in a shopping center unit). TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Lynnhaven Parkway 37,241 ADT 37,000 ADT (Level of Service "E") Existing Land Use — unchanged 'Average Daily Trips 2 as defined by church FIRE: Applicant must obtain a Certificate of Occupancy. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in the area. Evaluation: This application is in conformance with the Comprehensive Plan's recommendations for this area. The proposal to continue use of this unit for a church is compatible with the other uses within this approximately 23,500 square feet shopping center and, as demonstrated by its continuous use since 1998, will not negatively impact neighboring properties. There are a total of 166 parking spaces located in the front of the shopping center. Sufficient parking is available to accommodate the use and the other tenants of the shopping center. NEW BEGINNINGS OUTREACH MINISTRIES, INC. Agenda Item 6 Page 2 Staff recommends approval of this request of a Conditional Use Permit for a church with the recommended conditions provided below. CONDITIONS 1. The applicant shall comply with all applicable City requirements for building codes, including fire safety and suppression, required for a change of use from retail commercial to a place of assembly prior to the issuance of an Occupancy Permit for this unit. This includes obtaining a Fire Inspection, a Fire Code Permit, and a Certificate of Occupancy from the Building Official's Office. 2. The number of congregants at any service shall not exceed the occupancy number for the unit as established by the City's Fire Marshall. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. NEW BEGINNINGS OUTREACH MINISTRIES, INC. Agenda Item 6 Page 3 AERIAL OF SITE LOCATION NEW BEGINNINGS OUTREACH MINISTRIES, INC. Agenda Item 6 Page 4 I PROPOSED SITE PLAN NEW BEGINNINGS OUTREACH MINISTRIES, INC. Agenda Item 6 Page 5 PHOTO OF UNIT LOCATION NEW BEGINNINGS OUTREACH MINISTRIES, INC. Agenda Item 6 Page 6 �Itl�ril: � lit 1 fits ail dill 11_ f t H:ri r l l �R r. r, i V! r 7Y n f a z � R t14 z+ 1 F ws"R d P s, PHOTO OF UNIT LOCATION NEW BEGINNINGS OUTREACH MINISTRIES, INC. Agenda Item 6 Page 6 Z W `i W I` Q VI LJ N O J U U) Al NOIJ.V�PIddd 11WHId 10 UNOIIIGN03 H Z w 2 LtJ Q W N O J U N L i L .0 O> _ G ^' WY— � i 1u c� 'y� E u J E Zx w — _ J Lu J O j J _ ala i, I 0 �3 tC> L C X L J 1 1 ti d - D� p= 2 wt V C G rj C C NOIJ.V�PIddd 11WHId 10 UNOIIIGN03 H Z w 2 LtJ Q W N O J U N L i 1. 1u Zx w — _ J Lu j U u ala i, I NOIJ.V�PIddd 11WHId 10 UNOIIIGN03 H Z w 2 LtJ Q W N O J U N DISCLOSURE STATEMENT NEW BEGINNINGS OUTREACH MINISTRIES, INC. Agenda Item 6 Page 8 L Zx UJ j 0 D� p= 2 V C G rj C C - V _CIT J 3 C c= :J c. G Cl 7 DISCLOSURE STATEMENT NEW BEGINNINGS OUTREACH MINISTRIES, INC. Agenda Item 6 Page 8 Item #6 New Beginnings Outreach Ministries, Inc. Conditional Use Permit 1409-B Lynnhaven Parkway District 3 Rose Hall June 13, 2007 REGULAR Barry Knight: We will now go into our public hearing portion of the June Planning Commission. Ms. Secretary, will you call the first item to be heard please? Dorothy Wood: I will be more than happy to Mr. Chairman. The first item is New Beginnings Outreach Ministries. It is an application of New Beginnings Outreach Ministries for a Conditional Use permit for a church on Lynnhaven Parkway. Our first speaker is Tammy Davis. Welcome Ms. Davis. Tammy Davis: Thank you. Barry Knight: Welcome ma'am. Please state your name for the record. Tammy Davis: My name is Tammy Davis. Barry Knight: Okay. You are the applicant for New Beginnings Outreach Ministries? Tammy Davis: I'm a representative. Barry Knight: You're a representative. We have you on where we are going to hear this because we have a card filled out that is checked in opposition. So, if you would tell us about your church, and what you want done, and why you want it done, and then the opposition will have three minutes to express what concerns they have. Then you will have a chance to come back and address those concerns. Tammy Davis: Okay. What we would like to do is obtain a Conditional Use Permit to continue to proceed what we're doing in the community. I know there have been some negative things that have happen in the surrounding area where our church is, none of which have been a direct reflection upon us. It is just outside influences. I believe we have been a positive influence while we have been there. We would like to stay there for as long as we can. Barry Knight: Okay. Are there any questions at this time? Okay. We will hear from the other speakers and then we will give you a chance to bring you back up. Tammy Davis: Alright. Thank you sir. Item #6 New Beginnings Outreach Ministries, Inc. Page 2 Barry Knight: Thank you ma'am. Dorothy Wood: The next speaker is Chandler Scarborough. Barry Knight: Is she in opposition? Dorothy Wood: He is in opposition. Barry Knight: He is in opposition. Okay. Chandler Scarborough: Good afternoon. Barry Knight: Welcome sir. Chandler Scarborough: My name is Chandler Scarborough. I am the president of the Green Run Home Association. We represent approximately 4,200 members, 15,000 residents in the Green Run community. Our concerns, I think probably maybe deal more with the landlord then with the applicant. But we have some concerns about noise, traffic impact on the surrounding neighborhoods. There have been a lot of concerns with the shopping center over the last ten years in terms of hood enforcement issues, a number of shootings, and we wanted an opportunity to meet with representatives from the church, and talk about these issues a little bit more before being able to support it. I've spoken to a representative of the church and we have a meeting scheduled for Friday afternoon. So, we're asking the Planning Commission to defer action until July, and hopefully we will be able to come back and support the application. This is something that has been going on apparently for quite a while. They have been operating without a Conditional Use so I think it is reasonable to ask for a month's delay so that we have time to meet with them and try to build a consensus on the matter. Barry Knight: Thank you. Ms. Wood has a question. Dorothy Wood: Thank you Mr. Scarborough. But I don't think the church has anything to do with the shootings or the problems that you're having in the shopping center. And since they are operating, I would hate to see them to come back. They are not really the problem are they? Chandler Scarborough: Well, we don't know. Some of the concerns have to do with traffic and have to do with noise. I can't say for sure they are not. That is why we would like to have an opportunity to meet with them. We had a lot of concerns. I had a meeting last week with residents on the surrounding streets. The community has asked that we have time to meet with them. Hopefully, next month we will be able to speak more favorably on this. I would hope that the Planning Commission would respect the wishes of the residents to give us an opportunity to meet with the applicant before moving forward on this. Item #6 New Beginnings Outreach Ministries, Inc. Page 3 Barry Knight: Thank you. Mr. Whitney is the had some suggestionsPlanning Dabout how we could r. We discussed e of this in our informal session. I believe you possibly maybe alleviate some of the fears of the residents knowing that it was the shopping center itself and maybe not the church. Could you go into that discussion for us please? Jack Whitney: Well, certainly. We take very seriously the issues related to the shopping center. If they're ancillary, of course to the church, and what they bring to the community, we will be more than happy, if Mr. Scarborough hadn't done so already, to take those issues and concerns to the appropriate authorities on the community's behalf. So such if the Commission is inclined, this application can go -forward in the mean time. Barry Knight: Thank you. Mr. Crabtree. Eugene Crabtree: Yes, very definitely. I think that your issue is with the landlord. It is not with the church. The church is a good addition to that. I'm very familiar with it. It is within my district. I'm familiar with that area. I'm familiar with what problems you have within that area throughout that area. It is not a church issue. It is a landlord issue and you need to be confronting the entire group of storeowners in there. You should be confronting the neighbors and the people who live in your neighborhood who are supplying the noise that you complaining about. It is not the church. I do not see why we should penalize the church that has been there forever for what the residents and the community itself is doing. As Mr. Whitney said, you need to talk to the authorities and the other city agencies that control these things. I personally don't see penalizing the church by delaying them and not going forward with their application, and then you addressing this through the landlord and to other city agencies in order to accomplish and solve the problems the that you have in that area. Barry Knight: Thank you Mr. Crabtree. Are there any other questions? Mr. Horsley? Donald Horsley: The only comment that I will make is this would not alleviate what you're trying to do. You're going to meet with them. You still have between now and City Council, and if you're concerns are not addressed, you can bring them back up at City Council even if we vote today. So, you can continue your process. This doesn't stop your process but it doesn't delay the church's either. So, you can continue your process, and hopefully you can get it addressed by the time City Council hears this. Chandler Scarborough: Okay. Mr. Chairman, may I respond to the comments? Barry Knight: Yes. Chandler Scarborough: We have been very active with working with code enforcement, working with the police. We've got the largest neighborhood watch organization in the city. We have been very proactive in trying to address some of the issues. Because some of the concerns respect traffic impact on the neighborhood and noise impact on the Item #6 New Beginnings Outreach Ministries, Inc. Page 4 neighborhood that is the reason why we're here talking about the church today. And, I understand the concern of not wanting to delay their application and not wanting them to - come back but they have been operating without a Conditional Use Permit for quite a while. The time period that they have been operating there does overlap with my time period of involvement with Green Run, and with a number of complaints of the neighborhood. Right now, I can't tell you that the church is involved in some of the noise, and some of the traffic issues that we got in the neighborhood with the congregants coming and going. I don't think that it is unreasonable to delay this for a month given how long they have been operating without a Conditional Use Permit so that we have a chance to meet with them, and make sure there is a neighborhood consensus before it moves forward. Barry Knight: Are there any other questions of Mr. Scarborough. Mr. Scarborough, thank you for coming down today. Chandler Scarborough: Thank you. Barry Knight: Will you call the applicant back up? Dorothy Wood: Ms. Davis? Barry Knight: Welcome ma'am. Please state your name again for the record. Tammy Davis: My name is Tammy Davis. Barry Knight: You've hard the concerns of Mr. Scarborough and the group he represents. Do you have some rebuttal or some answers for that? Tammy Davis: Again, I can say that the things that have happened in the surrounding area has no direction reflection upon the church. We are there to be a light to the community and open our doors. We don't do anything that is not or above the law. I understand, and I heard him say that he has some concerns, and I can appreciate his concerns with regards to the traffic. But anywhere you go where there is a shopping center you are going to have traffic. All I can say on our behalf of New Beginnings is that it is a positive influence for the area. I would hope that you would all take into consideration what we are trying to do in the area. I'm not trying to negate any of his concerns but I can assure him that the concerns that he has is not a direct reflection upon the church. In regards to operating without permits, we've had inspectors come out and for whatever reason they are saying we didn't have anything. We were not made aware of that Conditional Use Permit to the point that it needed to be done. At one point, someone did come and it was something that had to be taken care of about the landlord. So again, I can't speak on the landlord's behalf and not putting anything on anybody else but I can say that we are a positive influence in the shopping center, and we hope that you would grant our request. Item #6 New Beginnings Outreach Ministries, Inc. Page 5 Barry Knight: Thank you. Mr. Scarborough said you all had a meeting scheduled. How ever this proceeding goes today, do you have a meeting scheduled, and will you continue to meet with them? Tammy Davis: He did mention to me that there was meeting schedule with one representative that I won't be in attendance. It is another representative of the church that he stated that was set forth earlier today. Barry Knight: Fine. We would certainly hope that you will continue on with that meeting however it goes today. Mr. Crabtree? Eugene Crabtree: I just have a couple of questions. Have you ever had a call to your church for a complaint to where the authorities had come out and asked you about noise or .traffic? Tammy Davis: Not to my knowledge. No sir. Eugene Crabtree: So, therefore to the best of your knowledge, traffic and noise has never been a problem or created by the church? Tammy Davis: I don't believe so. Eugene Crabtree: Okay. Thank you. Barry Knight: Are there any other questions for Ms. Davis? Dorothy Wood: We're ready for a motion. Barry Knight: Okay, thank you ma'am. I'll open it up for discussion amongst the Commission members. Who would like to start? Ms. Anderson? Janice Anderson: Ms. Davis, I have one more question. Do you have any celebrations outside the building? Tammy Davis: No we don't. Janice Anderson: Okay. Thank you. Barry Knight: Okay. I'll open it up for discussion. Mr. Crabtree. Eugene Crabtree: I'm ready to make a motion. Barry Knight: The Chair will entertain a motion. Eugene Crabtree: I move that we approve the application as submitted. Item #6 New Beginnings Outreach Ministries, Inc. Page 6 Dorothy Wood: Second. Barry Knight: Okay. There is a motion on the floor to approve agenda item 6, New Beginnings Outreach Ministries by Gene Crabtree and seconded by Dot Wood. Is there any discussion among the Commission members? Okay. I'll call for the question. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE _ BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE ABSENT WOOD AYE Ed Weeden: By a vote of 10-0, the Board has approved the application of New Beginning Outreach Ministries, Inc. Barry Knight: Thank you Mr. Weeden. GREEN RUN HOMES ASSOCIATION June 11, 2007 Barry Knight Chairman Virginia Beach Planning Commission Municipal Center, Bldg. 2 Virginia Beach, VA 23456 RE: Agenda Item #6 New Beginnings Outreach Ministries Inc. Dear Mr. Knight, Residents near Primrose Shopping Center have expressed a number of questions and concerns regarding the proposed conditional use permit. The property owner has a poor history of property maintenance, and there have been many complaints over the years regarding excessive noise, litter, and loitering around the property. Many residents are concerned that the proposed conditional use would contribute to the noise, traffic, and gunfire already generated by shopping center tenants. Currently, neither Green Run Homes Association nor the surrounding neighbors are in a position to support the application for a conditional use permit. We urge the Planning Commission to defer any action on the proposed conditional use permit so that neighboring property owners can have the opportunity to meet with the applicant and the shopping center owner to discuss their concerns and attempt to secure assurances from the applicant and owners. I look forward to working with the Planning Commission and all interested parties to ensure that the final project is one that will be compatible with the surrounding neighborhood and will have a positive and beneficial impact on Virginia Beach. Sincerely, C JL Chandler Scarborough President cc: Planning Commission City Council 1248 GREEN GARDEN CIRCLE ' VIRGINIA BEACH, VIRGINIA 23453-2889 '(757) 427-2600 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach - An Ordinance amending Sections 111, 203, 211, 230, 401, 403, 501, 601, 801, 901, 1001, 1125, 1511, 1521 and 1531 of the City Zoning Ordinance and combining Lodges, Community Centers, Private or Athletic Clubs, Auditoriums, Arenas, Civic or Cultural -Centers, Social Centers, Eleemosynary Establishments, Assembly Halls, Union Halls, and Bingo Halls as Assembly Uses and combining Churches, Monasteries, and Convents'as Religious Uses and making both uses Conditional in the zoning districts where they are allowed and defining Storefront Religious Uses and making them permitted uses in the B-2 Business District. MEETING DATE: July 17, 2007 ■ Background: The proposed amendments are part of an effort to update the City Zoning Ordinance. These proposed amendments address two groups of uses that, by their nature as places where people assemble together, are similar, but are also disparate in that one consists of gatherings for religious purposes while the other does not. Since, however, the uses all consist of the assembling together of people, the uses must also be treated similarly in terms of zoning. The attached amendments strive to achieve such similarity in treatment. ■ Considerations: The amendments will take all uses that are traditionally "assembly uses" (Lodges, Community Centers, Private or Athletic Clubs, Auditoriums, Arenas, Civic or Cultural Centers, Social Centers, Eleemosynary Establishments, Assembly Halls, Union Halls, and Bingo Halls) and combine them into one category — Assembly Uses. The same will be done for churches and their related uses, such that they will be classified as Religious Uses. Also added is a new category — Storefront Religious Uses. This category is intended for those religious uses that are located in existing shopping centers and are in compliance with the USBC (Building Code) and the parking requirements of the Zoning Ordinance. The Planning Commission placed this item on the consent agenda because the amendment updates the ordinance pertaining to assembly and religious uses, the amendment allows storefront religious uses to be a permitted use rather than _what had become a routine conditional use, and there was no opposition to the amendment. CITY OF VIRGINIA BEACH — ASSEMBLY AND RELIGIOUS USES Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to - - approve this amendment to the City Zoning Ordinance. ■ Attachments: Staff Review Ordinance Amendment Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmenVAgency: Planning Departme City Manager: W%L CITY OF VIRGINIA BEACH AMENDMENT TO THE ZONING ORDINANCE —ASSEMBLY AND RELIGIOUS USES Agenda Item # 10 June 13, 2007 Public Hearing REQUEST: An Ordinance amending Sections 111, 203, 211, 230, 401, 403, 501, 601, 801, 901, 1001, 1125, 1511, 1521 and 1531 of the City Zoning Ordinance and combining Lodges, Community Centers, Private or Athletic Clubs, Auditoriums, Arenas, Civic or Cultural Centers, Social Centers, Eleemosynary Establishments, Assembly Halls, Union Halls, and Bingo Halls as Assembly Uses and combining Churches, Monasteries, and Convents as Religious Uses and making both uses Conditional in the zoning districts where they are allowed and defining Storefront Religious Uses and making them permitted uses in the B-2 Business District. SUMMARY OF AMENDMENT The proposed amendments are part of an effort to update the City Zoning Ordinance. These proposed amendments address two groups of uses that, by their nature as places where people assemble together, are similar, but are also disparate in that one consists of gatherings for religious purposes while the other does not. Since, however, the uses all consist of the assembling together of people, the uses must also be treated similarly in terms of zoning. The attached amendments strive to achieve such similarity in treatment. The amendments will take all uses that are traditionally "assembly uses" (Lodges, Community Centers, Private or Athletic Clubs, Auditoriums, Arenas, Civic or Cultural Centers, Social Centers, Eleemosynary Establishments, Assembly Halls, Union Halls, and Bingo Halls) and combine them into one category — Assembly Uses. The same will be done for churches and their related uses, such that they will be classified as Religious Uses. Also added is a new category — Storefront Religious Uses. This category is intended for those religious uses that are located in existing shopping centers and are in compliance with the USBC (Building Code) and the parking requirements of the Zoning Ordinance. RECOMMENDATION The proposed amendments are recommended for approval. CITY OF VIRGINIA BEACH AMENDMENT TO THE CZO — ASSEMBLY AND RELIGIOUS USES Agenda Item 10 Page 1 Item #10 City of Virginia Beach An Ordinance amending Sections 111, 203, 211, 230, 401, 403 501, 601, 801, 901, 1001, 1125, 1511, 1521 and 1531 of the City Zoning Ordinance and combining Lodges, Community Centers, Private or Athletic Clubs, Auditoriums, Arenas, Civic or Cultural Centers, Social Centers, Eleemosynary Establishments, Assembly Halls, Union Halls, and Bingo Halls as Assembly Uses and combining Churches Monasteries, and Convents as Religious Uses and making both uses Conditional in the zoning districts where they are allowed and defining Storefront Religious Uses and making them permitted uses in -the B-2 Business District June 13, 2007 CONSENT Janice Anderson: The next matter is agenda item 10. It's the application of the City of Virginia Beach, an ordinance amending Sections 111, 203, 211, 230, 401, 403, 501, 601, 801, 901, 1001, 1125, 1511, 1521 and 1531. These amendments merge uses and identify them as assembly uses, and also merge uses and identify them as churches or religious uses, and makes a distinction regarding store front religious uses making them permitted uses in B-2 districts. Kay Wilson from the City Attorney's Office is representing this application. Kay Wilson. Yes ma'am. You should have at your desk a new revision to this ordinance. It is revision 31 at the back of the ordinance. The only thing that it does from the version that was at the informal session this morning is that it allows all assembly uses in the agricultural districts rather than just assembly halls. This ordinance itself reorganizes the City's Zoning Ordinance and combines many uses into two categories. Assembly uses, which are listed on the first page, and as everyone knows assembly halls, auditoriums, bingo halls, civic centers, community centers, private clubs, union halls, and other like establishments, excluding religious uses, and Religious uses, which are churches, monasteries, temples, and things of that nature. These two categories are conditional uses where they are allowed. This is somewhat of a change for some of the assembly uses that are permitted uses, particularly in the office and business districts. It also brings the CZO into compliance with the Religious Land Use Institutionalize Persons Act or RLUIPA, which requires the City to treat religious uses no worse than other similar uses. This ordinance does do that. We've also added a category of storefront religious sues. These would be permitted uses in the B-2 District. There has been no opposition to this ordinance; so, it has been placed on the consent agenda by the Planning Commission. Janice Anderson: Thank you Ms. Wilson. Is there any objection to placing that application on the consent agenda? Thank you. Mr. Chairman, I have a motion to approve the following agenda item 10. Item #10 City of Virginia Beach Page 2 Barry Knight: Thank you. There is a motion on the floor. I have a second by Kathy Katsias. Mr. Macali? William Macali: Ms. Anderson, your motion is to approve the revised version of the assembly usage version. Just for the record. Janice Anderson: Thank you Mr. Macali. Yes. Barry Knight: Her motion is to approve. Kathy, do you concur on your second? Kathy Katsias: Yes. Barry Knight: Is there any discussion on the consent agenda from the Commission members? Okay. I'll call for the question. Ed Weeden: By a vote of 10-0, the Board has approved item 10 for consent. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE ABSENT WOOD AYE Ed Weeden: By a vote of 10-0, the Board has approved item 10 for consent. 1 AN ORDINANCE AMENDING SECTIONS 111, 203, 211, 230, 401, 403, 2 501, 601, 801, 901, 1001, 1125, 1511, 1521 AND 1531 OF THE CITY 3 ZONING ORDINANCE AND COMBINING LODGES, COMMUNITY 4 CENTERS, PRIVATE OR ATHLETIC CLUBS, AUDITORIUMS, ARENAS, 5 CIVIC OR CULTURAL CENTERS, SOCIAL CENTERS, 6 ELEEMOSYNARY ESTABLISHMENTS, ASSEMBLY HALLS, UNION 7 HALLS, AND BINGO HALLS AS ASSEMBLY USES AND COMBINING 8 CHURCHES, MONASTERIES AND CONVENTS AS RELIGIOUS USES 9 AND MAKING BOTH USES CONDITIONAL IN THE ZONING DISTRICTS 10 WHERE THEY ARE ALLOWED AND DEFINING STOREFRONT 11 RELIGIOUS USES AND MAKINGTHEM PERMITTED USES IN THE B-2 12 ZONING DISTRICT. - 13 14 Sections Amended: City Zoning Ordinance § 111, 203, 211, 15 230, 401, 403, 501, 601, 801, 901, 1001, 1125, 1511, 1521 16 and 1531 17 WHEREAS, the public necessity, convenience, general welfare and good zoning 18 practice so require; 19 20 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 21 VIRGINIA: 22 23 That the City Zoning Ordinance (City Code Appendix A) is hereby amended and 24 reordained by the amendment of Sections 111, 203, 211, 230, 401, 403, 501, 601, 801, 25 901, 1001, 1125, 1511, 1521 and 1531 to read as follows: 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ARTICLE 1. GENERAL PROVISIONS Sec. 111. Definitions. Assembly Uses. Uses that involve the gathering of individuals or groups in one location, such as arenas, assembly halls auditoriums bingo halls civic centers community centers, eleemosynary establishments private clubs union halls and excluding religious uses. Religious Uses. Places of religious worship such as churches synagogues temples, mosques, similar places and their appurtenant uses 1 44 .... 45 46 Storefront Religious Use A religious use located in a previously established 47 shopping center. 48 49 .... 50 51 CONEMENT 52 53 The amendments to these ordinances will take all uses that are traditionally "assembly 54 uses" and combine them into one category—Assembly Uses. The same will be done for churches 55 and their related uses, whereby they will be Religious Uses. 56 57 Also added is Storefront Religious Uses for those religious uses that are located in existing 58 shopping centers and are in compliance with the USBC and the parking requirements of the CZO. 59 60 61 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 62 ALL DISTRICTS 63 64 .... 65 66 Sec. 203. Off-street parking requirements. 67 68 (a) The following specified uses shall comply with the off-street parking 69 requirements designated therefor: 70 71 .... 72 73 (7) GhuFGhes. At least eRe spaGe peF five (5) seats OF benGh seating s, 74 75 76 shUrGh. Reserved 77 78 .... 79 80 (28) Public buildings and funeral homes: At least one space per five hundred 81 (500) square feet of floor area; 82 83 (28.1) Religious Uses: At least one space per five (5) seats or bench seating 84 _space in the main auditorium. 85 86 .... 87 2 88 (33) (i) Shopping centers containing more than eight (8) individual uses or 89 businesses and located on a zoning lot five (5) to ten (10) acres in size shall have a 90 total of: - 91 92 a. One space per two hundred (200) square feet of floor area of all uses except 93 restaurants, slUrskaees religious uses and theaters; 94 95 .... 96 97 (ii) Shopping centers containing more than eight (8) individual uses or 98 businesses and located on a zoning lot ten (10) to thirty (30) acres in size shall have a 99 total of: - 100 101 a. One space per two hundred (200) square feet of floor area of all uses except 102 restaurants, GhUFGhes religious uses and theaters; 103 104 .... 105 106 (iii) Shopping centers containing more than eight (8) individual uses or 107 businesses and located on a zoning lot greater than thirty (30) acres in size shall have a 108 total of: 109 110 a. One space per two hundred (200) square feet of floor area of all uses except 111 restaurants, des religious uses and theaters; 112 113 114 115 COMMENT 116 117 These amendments simply replace "church" with "Religious Use." 118 119 120 Sec. 211. Signs permitted in all districts. 121 122 The following types of signs are exempted from all of the provisions of this 123 ordinance, except for illumination, construction, and safety regulations and the following 124 standards: 125 126 .... 127 128 (i) GhUFGh Religious Use signs. One sign per entrance not to exceed twenty - 129 four (24) square feet per face. No such sign shall have more than two (2) faces. 130 131 .... 3 132 Sec. 230. s#ufGhes--. Religious Uses. 133 134 In addition to general requirements, the following special requirements and 135 limitations shall apply to s#UFshes religious uses in districts in which they are generally 136 permitted: 137 138 (a) Minimum lot area. The minimum lot area fGF GhuFGhes shall be three (3) acres. 139 140 (b) Off-street parking. At least one space per five (5) seats or bench seating 141 spaces in the main auditorium. pFevided, hGwever, 142 leGated On a shoppiRg reRteF shall be as the G9nditieRal use permit allowing 143 SUGh GhUfGh-. 144 145 .... 146 147 COMMENT 148 149 These amendments simply replace "church" with "Religious Use." 150 151 152 ARTICLE 4. AGRICULTURAL DISTRICTS 153 154 .... 155 156 Sec. 401. Use regulations. 157 158 (a) Principal and conditional uses. The following chart lists those uses 159 permitted within the AG -1 and AG -2 Agricultural Districts. Those uses and structures in 160 the respective agricultural districts shall be permitted as either principal uses indicated 161 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 162 "X" shall be prohibited in the respective districts. No uses or structures other than as 163 specified shall be permitted. 164 165 Use AG -1 AG -2 166 .... 167 Assembly Uses C C 168 169 Child care education centers in 170 connection with public or private 171 elementary schools or sloshes 172 religious uses P P 173 174 Oh�shes O 175 Community Centers 176 .... 4 177 178 179 180 Public elementary, intermediate and 181 high schools, colleges and universities; 182 day nurseries in connection with public 183 or private elementary schools or 184 Ghur-Ghes-religious uses P P 185 186 Religious Uses C - C 187 .... 188 189 .... 190 191 Sec. 403. Sign regulations. 192 193 (a) Not to exceed one identification sign not more than sixteen (16) square 194 feet in area for each principal entrance or frontage of any use except s#es religious 195 uses and educational institutions, for which the maximum area per sign shall not exceed 196 thirty-two (32) square feet. 197 198 .... 199 200 COMMENT 201 202 In the Agricultural Districts, presently lodges and community centers are conditional uses, 203 and churches and monasteries are also conditional uses. These amendments will make all 204 "assembly uses" and "religious uses" conditional uses. 205 206 207 ARTICLE 5. RESIDENTIAL DISTRICTS 208 209 .... 210 211 Sec. 501. Use regulations. 212 213 (a) Principal and conditional uses. The following chart lists those uses 214 permitted within the R-40 through R-2.5 Residential Districts. Those uses and structures 215 in the respective residential districts shall be permitted as either principal uses indicated 216 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 217 "X" shall be prohibited in the respective districts. No uses or structures other than as 218 specified shall be permitted. 219 220 221 Residential Districts 5 222 Uses 223 R-40 R-30 R-20 R-15 R-10 R-7.5 R -5D R -5R R -5S R-2.5_ 224 225 226 Child care centers 227 and child care 228 education centers 229 in slimes 230 religious uses C C C C C C C C C C 231 G#afshes 232 .... 233 Community 234 centers, alis PC PC PC PC PC PC PC PC PC PC 235 .... Religious Uses C C C C C C C C C C 236 .... 237 238 COMMENT 239 240 In Residential Districts, presently public community centers are conditional uses, and 241 churches are also conditional uses. These amendments will make "assembly uses" prohibited, 242 except for community centers, which will be conditional and will make "religious uses" conditional 243 uses. 244 245 ARTICLE 6. APARTMENT DISTRICTS 246 247 Sec. 601. Use regulations. 248 249 (a) Principal and conditional uses. The following chart lists those uses 250 permitted within the A-12 through A-36 Apartment Districts. Those uses and structures 251 in the respective apartment districts shall be permitted as either principal uses indicated 252 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 253 "X" shall be prohibited in the respective districts. No uses or structures other than as 254 specified shall be permitted. 255 256 Use 257 A-12 A-18 A-24 A-36 258 259 Assembly Uses C C C C 260 261 Child care education centers in 262 conjunction with public or private 263 elementary schools or sees 264 religious uses P P P P 265 GhUFGhes G G G G P. 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 Religious Uses COMMENT In the Apartment Districts, presently clubs, private or athletic are allowed as conditional uses in the A-24 and A-36 zoning districts, and churches also conditional uses. These amendments will make "assembly uses" and "religious uses" conditional uses. - ARTICLE 8. OFFICE DISTRICTS Sec. 801. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the 0-1 and 0-2 Office Districts. Those uses and structures in the respective Office Districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use 01 02 Assembly Uses C C Child care education centers in connection with public or private elementary schools or rhUFGhes religious uses p p Sys G G Museums, art galleries, euditeFoums, areas, n„I,+„ral nenteFsT, historic exhibits, botanical gardens, parks, recreational facilities and the like, when operated by a public agency or not for profit X P establishments and athletin nl„h �/ G vvaaw u,w, �r� ��i 7t 7 C C C C COMMENT In the Apartment Districts, presently clubs, private or athletic are allowed as conditional uses in the A-24 and A-36 zoning districts, and churches also conditional uses. These amendments will make "assembly uses" and "religious uses" conditional uses. - ARTICLE 8. OFFICE DISTRICTS Sec. 801. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the 0-1 and 0-2 Office Districts. Those uses and structures in the respective Office Districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use 01 02 Assembly Uses C C Child care education centers in connection with public or private elementary schools or rhUFGhes religious uses p p Sys G G Museums, art galleries, euditeFoums, areas, n„I,+„ral nenteFsT, historic exhibits, botanical gardens, parks, recreational facilities and the like, when operated by a public agency or not for profit X P establishments and athletin nl„h �/ G vvaaw u,w, �r� ��i 7t 7 311 Reliqious Uses C C 312 .... _ 313 314 COMMENT 315 316 In the Office Districts, presently auditoriums, arenas and civic or cultural centers are 317 prohibited in the 0-1 zoning district and permitted in the 0-2 Zoning District, and private clubs 318 and lodges, social centers, eleemosynary establishments and athletic clubs are prohibited in the 0-1 319 zoning district, and are conditional uses in the 0-2 Zoning District. Churches are conditional uses. 320 These amendments will make "assembly uses" and "religious uses" conditional in the 0-1 and 0-2 321 zoning districts. 322 323 ARTICLE 9. BUSINESS DISTRICTS 324 325 .... 326 327 Sec. 901. Use regulations. 328 329 (a) Principal and conditional uses. The following chart lists those uses 330 permitted within the B-1 through B -4K Business Districts. Those uses and structures in 331 the respective business districts shall be permitted as either principal uses indicated by 332 a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 333 shall be prohibited in the respective districts. No uses or structures other than as 334 specified shall be permitted. 335 336 B-1 B -1A B-2 B-3 B -3A B-4 B -4C B -4K 337 Assembly Uses C C C C C C C C 338 AudeteFiums, assembly — 339 ;ally, arenas, ,a„a--a;TOT 340 Malls X G P- P- g P- P- X 341 .... 342 x X G x x G X X 343 344 ekes X G G C 345 346 Priv ate a-1 ,hs, lodges, 347 p^nial neRters 348 eleemosynaFy 349 establishments and 350 a#hle#is-sluts p- P- P- P- P- P- P- P- 351 .... 352 Religious Uses C C C C C C C C 353 .... 354 Storefront religious uses, 355 X X P X X X X X L 356 357 .... 358 359 COMMENT 360 361 In the Business Districts, presently auditoriums, assembly halls, arenas and union halls are 362 prohibited in the B-1 and B4K zoning districts, conditional in the B -1A zoning district and 363 permitted in the other business districts; bingo halls are conditional in the B-2 and B-4 business 364 districts and private clubs and lodges, social centers, eleemosynary establishments and athletic 365 clubs are permitted in all districts. Churches are conditional in all zoning districts, except B-1 366 where they are prohibited. These amendments will make "assembly- uses" and "religious uses" 367 conditional uses in all districts. Storefront Religious Uses are permitted in the B-2 district and 368 prohibited elsewhere. 369 370 ARTICLE 10. INDUSTRIAL DISTRICTS 371 372 Sec. 1001. Use Regulations. 373 374 (a) Principal and conditional uses. The following chart lists those uses permitted 375 within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the 376 respective industrial districts shall be permitted as either principal uses 377 indicated by a "P" or as conditional uses indicated by a "C." .. . 378 379 Use 380 I-1 1-2 381 .... 382 hinge -1 11s O O 383 .... 384 385 COMMENT 386 387 In the Industrial Districts, presently bingo halls are conditional uses and churches are 388 prohibited. These amendments will make "assembly uses" and "religious uses" prohibited in all 389 Industrial Districts. 390 391 ARTICLE 11. PLANNED DEVELOPMENT DISTRICTS 392 .... 393 394 B. PD -1-12 PLANNED UNIT DEVELOPMENT DISTRICT 395 396 .... 397 398 Sec. 1125. Allowed Uses. 399 400 Within the PD -H2 District, only the following uses and structures shall be 401 permitted: 9 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 (c) Conditional uses. (1) bi-FtlrGhes Religious Uses, provided that such use shall not be eligible for residential density credit; COMMENT These amendments simply replace "church" with "Religious Use." ARTICLE 15. RESORT TOURIST DISTRICTS B. RT -2 Resort Tourist District Sec. 1511. Use regulations. (a) The following chart lists those uses permitted within the RT -2 Resort Tourist District as either principal uses, as indicated by a "P," or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.)... . Use Assembly Uses AuditeFil-ImIlls almid -assembly halls vate—r--lubs, ledges, Co" sentefs, aleemesyR n establ*shmeRt aR d athletiG nluhs Religious Uses Retail establishments, provided that adult bookstores shall be prohibited from locating within five hundred (500) feet of any RT -2 C G l� C 10 447 Apartment or Residential zoning 448 district, single- or multiple-family 449 dwelling, GhUFGh, religious use. 450 park, or school P 451 .... 452 453 COMMENT 454 455 In the RT-2 District, presently auditoriums, assembly halls and private clubs and lodges, 456 social centers, eleemosynary establishments and athletic clubs are conditional uses. Churches are 457 conditional uses. These amendments will make "assembly uses" and "religious uses" conditional 458 uses. 459 460 C. RT-3 RESORT TOURIST DISTRICT 461 462 Sec. 1521. Use regulations. 463 464 (a) The following chart lists those uses permitted within the RT-3 Resort 465 Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as 466 indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 467 2 (section 220 et seq.). 468 469 .... 470 471 Use 472 RT-3 473 474 Assembly Uses C 475 AwditeFoums and Assembly Halls 476 .... 477 des O 478 .... 479 mete Clubs, leder 480 s9G+a' oeeterns, 481 482 estab"shments and 483 O 484 485 Religious Uses C 486 487 .... 488 489 490 491 11 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 COMMENT In the RT -3 District, presently auditoriums, assembly halls and private clubs and lodges, social centers, eleemosynary establishments and athletic clubs are conditional uses. Churches are conditional uses. These amendments will make "assembly uses" and "religious uses" conditional uses. D. RT -4 RESORT TOURIST DISTRICT Sec. 1531. Use regulations. (c) Conditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions of part C of article 2 hereof: (2) Chur-Ghes Religious Uses; COMMENT In the RT -4 District, presently all assembly uses are prohibited and churches are conditional uses. These amendments will make "assembly uses" prohibited and "religious uses" conditional uses. Adopted by the Council of the City of Virginia Beach, Virginia on the of , 2007. 12 day Approved qs to Content: •M �tpartrnent CA10211 R-31 June 12, 2007 13 Approved as to Legal Sufficiency: City Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the City Zoning Ordinance Sections 234, 401, 501, 601, 901, 1511, 1521 and 1531 pertaining to Home Occupations by excluding the sale, service or repair of firearms and deleting radio or television repair shops as an excluded use. - MEETING DATE: July 17, 2007 ■ Background: The proposed amendments are part of an effort to update the City Zoning Ordinance. These particular amendments address two specific uses, the impacts of which have changed over time. The amendments will allow radio or television repair (currently excluded) as home occupations, and prohibit the sales, service or repair of firearms as a home occupation in the Agricultural, Residential, Apartment, Business, RT -2, RT -3 and RT -4 Zoning Districts. ■ Considerations: The amendments will allow radio or television repair as a home occupation. Currently, this category of use is not allowed as a home occupation, primarily due to the fact that in the past when radios and television were commonly repaired on a frequent basis due to the type of technology they utilized, the traffic and other impacts from the repairs in a neighborhood setting were potentially detrimental. As technology has changed over the years, the repair of radios or televisions is not common, and thus, the potential impact of such a use in a neighborhood setting is substantially diminished. On the other hand, the repair or firearms as a home occupation has increased over the years. This use has the potential to have substantial negative impacts, and thus is now proposed as a use not allowed as a home occupation. Currently, the Zoning Ordinance allows Firearm Sales as an accessory use in the home without a conditional use permit only when the actual sale of a firearm does not occur in the applicant's home. There can be no firearm repair in the home and no weapons can be kept in the residence. This is relatively rare and occurs only when the applicant sells exclusively to a law enforcement agency. In all other cases, Firearm Sales is a Home Occupation requiring a conditional use permit in residential districts. Since 2000, City Council has granted three (3) Conditional Use Permits for gun sales/repair. No complaints have been received by the Zoning Office regarding the sites and the sites appear to be in compliance with all conditions. A description of how other localities address firearm sales or repair is provided in the attached staff report. CITY OF VIRGINIA BEACH — HOME OCCUPATION USES Page 2 of 2 The Planning Commission placed this item on the consent agenda because the amendment updates the ordinance pertaining to home occupation uses and there was no opposition to the amendment. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this amendment to the City Zoning Ordinance. ■ Attachments: Staff Review Ordinance Amendment Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manage k... , Q4 &)-I, CITY OF VIRGINIA BEACH AMENDMENT TO THE ZONING ORDINANCE — HOME OCCUPATIONS Agenda Item # 9 June 13, 2007 Public Hearing REQUEST: An Ordinance to Amend the City Zoning Ordinance Sections 234, 401, 501, 601, 901, 1511, 1521 and 1531 pertaining to Home Occupations by excluding the sale, service or repair of firearms and deleting radio or television repair shops as an excluded use. SUMMARY OF AMENDMENT The proposed amendments are part of an effort to update the City Zoning Ordinance. These particular amendments address two specific uses, the impacts of which have changed over time. The amendments will allow radio or television repair (currently excluded) as home occupations, and prohibit the sales, service or repair of firearms as a home occupation in the Agricultural, Residential, Apartment, Business, RT -2, RT -3 and RT -4 Zoning Districts. The amendments will allow radio or television repair as a home occupation. Currently, this category of use is not allowed as a home occupation, primarily due to the fact that in the past when radios and television were commonly repaired on a frequent basis due to the type of technology they utilized, the traffic and other impacts from the repairs in a neighborhood setting were potentially detrimental. As technology has changed over the years, the repair or radios or televisions is not common, and thus, the potential impact of such a use in a neighborhood setting is substantially diminished. On the other hand, the repair or firearms as a home occupation has increased over the years. This use has the potential to have substantial negative impacts, and thus is now proposed as a use not allowed as a home occupation. Currently, the Zoning Ordinance allows Firearm Sales as an accessory use in the home without a conditional use permit only when the actual sale of a firearm does not occur in the applicant's home. There can be no firearm repair in the home and no weapons can be kept in the residence. This is relatively rare and occurs only when the applicant sells exclusively to a law enforcement agency_ In all other cases, Firearm Sales is a Home Occupation requiring a conditional use permit in residential districts. Since 2000, City Council has granted three (3) Conditional Use Permits for gun sales/repair. No complaints have been received by the Zoning Office regarding the sites and the sites appear to be in compliance with all conditions. A description of how other localities address firearm sales or repair is provided below. HAMPTON ROADS: Norfolk — Firearm sales or repair not allowed as a home occupation. CITY OF VIRGINIA BEACH AMENDMENT TO THE CZO — HOME OCCUPATION Agenda Item # 9 Page 1 • Chesapeake - Firearm sales or repair is classified as a Level II home occupation since it involves retail sales on the premises and it requires a conditional use permit from City Council. • Portsmouth - Firearm sales or repair is not allowed as a home occupation because no customers - are allowed at the residence. • Hampton - Firearm sales or repair is not allowed as a home occupation. • Newport News - Firearm sales or repair is allowed by permit; however, the permit is for office use only (Internet sales). The sales or the repair of firearms on the premises is not allowed. • York County - Firearm sales or repair is not allowed as a home occupation. OTHER VIRGINIA LOCALITIES: • Stafford County - Firearm sales or repair is not allowed as a -home occupation. • Loudon County - Firearm sales or repair is not allowed as a home occupation. Home occupation definition states that the only retail sales from homes can be of handcrafted goods. • Henrico County — Zoning ordinance prohibits home occupations from have stock -in -trade stored on the premises. It is not possible, therefore, to have a federal firearms license for a home occupation because the license requires you to exchange goods on the site (except for sales involving law enforcement agencies). • Chesterfield County - Firearm sales requires a conditional use permit. Firearm repair does not require a use permit. As additional information on this topic, the following are the application requirements of the Federal Bureau of Alcohol, Tobacco and Firearms (ATF) pertaining to firearm sales or repair. • Must be 21 years or more of age. • Certification that the business is in compliance with all State and local laws. • Certification that the applicant has sent a form to the chief law enforcement officer where the premises is located notifying the officer that the applicant intends to apply for a license. • Certification that the secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees. • Submittal of photographs and fingerprints for the applicant. Background check is performed. • Submittal of application form and licensing fee. Additionally, there are a myriad of Federal and State regulations pertaining to firearm sales that any firearms dealer must adhere to. RECOMMENDATION The proposed amendments are recommended for approval. CITY OF VIRGINIA BEACH AMENDMENT TO THE CZO — HOME OCCUPATION Agenda Item # 9 Page 2 Item #9 City of Virginia Beach An Ordinance to Amend the City Zoning Ordinance Sections 234, 401, 501, 601, 901, 1511, 1521 and 1531 pertaining to Home Occupations by excluding the sale, service and repair of firearms and deleting radio or television repair shops as an excluded use June 13, 2007 CONSENT Janice Anderson: The next matter is agenda item 9, the City of Virginia Beach. This is an ordinance to amend the City Zoning Ordinance Sections 234, 401, 501, 601, 901, 1521 and 1531. This is pertaining to home occupations, which excludes sales, service and repair of firearms and allowing radio and television repair. Kay Wilson, are you going to be the representative on this matter? Kay Wilson: Yes ma'am. Janice Anderson: Thank you. Kay Wilson: This is an amendment to the City Zoning Ordinance to modernize the Code in regard to prohibited home occupations. It will delete radio and television repair shops and add the sales, service or repair of firearms as prohibited. In light of there being no opposition, the Planning Commission has placed this item on the consent agenda. Janice Anderson: Thank you Ms. Wilson. Is there any opposition to this application being placed on the consent agenda? Thank you. Mr. Chairman, I have a motion to approve the following agenda item 9. Barry Knight: Thank you. There is a motion on the floor. I have a second by Kathy Katsias. Is there any discussion on the consent agenda from the Commission members? Okay. I'll call for the question. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE ABSENT Item #9 City of Virginia Beach Page 2 WOOD AYE Ed Weeden: By a vote of 10-0, the Board has approved item 9 for consent. 1 AN ORDINANCE TO, AMEND THE CITY 2 ZONING ORDINANCE SECTIONS 234, 401, 3 501, 601, 901, 1511, 1521, AND 1531 4 PERTAINING TO HOME OCCUPATIONS BY 5 EXCLUDING THE SALE, SERVICE OR 6 REPAIR OF FIREARMS AND DELETING 7 RADIO OR TELEVISION REPAIR SHOPS AS 8 AN EXCLUDED USE 9 10 Sections Amended: City Zoning Ordinance § 11 234, 401, 501, 601, 901, 1511, 1521 and 1531 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 16 VIRGINIA: 17 18 That the City Zoning Ordinance is hereby amended and reordained by the 19 amendment of Sections 234, 401, 501, 601, 901, 1511, 1521 and 1531 to read as 20 follows: 21 22 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 23 TO ALL DISTRICTS 24 25 .... 26 27 C. Conditional Uses & Structures 28 29 .... 30 31 Sec. 234. Home Occupations. 32 33 In districts where they are generally permitted, an occupation may be conducted 34 in a dwelling unit, provided that: 35 36 .... 37 38 (e) The following uses are specifically excluded: Convalescent or nursing 39 homes, tourist homes, massage parlors,, 40 auto repair shops, sale service or repair of firearms, or similar 41 establishments. 42 Article 4. AGRICULTURAL DISTRICTS 43 44 .... 45 46 Sec. 401. Use regulations. 47 48 .... 49 50 (b) Accessory uses and structures. Uses and structures which are customarily 51 accessory and clearly incidental and subordinate to principal uses and structures, 52 including but not limited to: - 53 54 .... 55 56 (2) . . . . The following are specifically prohibited as accessory activities: 57 Convalescent or nursing homes, tourist homes, massage or tattoo parlors, 58 body piercing establishments, Fadia eF television FepaiF sheps, auto repair 59 shops, sale, service or repair of firearms, or similar establishments. 60 61 ARTICLE 5. RESIDENTIAL DISTRICTS. 62 63 .... 64 65 Sec. 501. Use Regulations 66 67 .... 68 69 (b) Accessory uses and structures. Uses and structures which are customarily 70 accessory and clearly incidental and subordinate to principal uses and structures 71 and where such accessory structures do not exceed the height of the principal 72 structure and do not exceed five hundred (500) square feet of floor area or 73 twenty (20) percent of the floor area of the principal structure, whichever is 74 greater. Such accessory uses and structures include but are not limited to: 75 76 .... 77 78 (5) .... The following are specifically prohibited as accessory activities: 79 Convalescent or nursing homes, tourist homes, massage or tattoo parlors, 80 body piercing establishments, Fadie eF teleyiSiGR FepaiF shops, auto repair 81 shops, sale, service or repair of firearms, or similar establishments. 82 83 ARTICLE 6. APARTMENT DISTRICTS. 84 85 .... 86 87 Sec. 601. Use regulations. 2 88 89 .... 90 91 (b) Accessory uses and structures. Uses and structures which are customarily 92 accessory and clearly incidental and subordinate to principal uses and structures, 93 including but not limited to: 94 95 .... 96 97 (2) .... The following are specifically prohibited as accessory activities: 98 Convalescent or nursing homes, tourist homes, massage or tattoo parlors, 99 body piercing establishments,iaiF , auto repair 100 shops, sale service or repair of firearms, or similar establishments. 101 102 ARTICLE 9. BUSINESS DISTRICTS 103 104 .... 105 106 Sec.. 901. Use regulations. 107 108 .... 109 110 (b) Accessory uses and structures. Uses and structures which are customarily 111 accessory and clearly incidental and subordinate to the principal uses and 112 structures, including, but not limited to: 113 114 (1) .... The following are specifically prohibited as accessory activities: 115 Convalescent or nursing homes, tourist homes, massage or tattoo parlors, 116 Fadee eF televisiOR FepaffiF shGW, auto repair shops, sale, service or repair 117 of firearms, or similar establishments. 118 119 120 B. RT-2 RESORT TOURIST DISTRICT 121 122 .... 123 124 Sec. 1511. Use regulations. 125 .... 126 127 (b) Accessory uses and structures: Uses and structures which are customarily 128 accessory and clearly incidental and subordinate to the principal uses and 129 structures; provided, however, that drive-through facilities shall not be permitted: 130 131 (1) .... The following are specifically prohibited as accessory activities: 132 Convalescent or nursing homes, tourist homes, massage or tattoo parlors, 3 133 body piercing establishments, , auto repair 134 shops, sale, service or repair of firearms or similar establishments. 135 136 C. RT -3 RESORT TOURIST DISTRICT 137 138 .... 139 140 Sec. 1521. Use Regulations. 141 142 .... 143 144 (b) Accessory uses and structures: Uses and structures which are customarily 145 accessory and clearly incidental and subordinate to the -principal uses and 146 structures; provided, however, that drive-through facilities shall not be permitted 147 as an accessory use: 148 149 (1) .... The following are specifically prohibited as accessory activities: 150 Convalescent or nursing homes, tourist homes, massage or tattoo parlors, 151 body piercing establishments, Fadie 9F televisioR FepaiF shops, auto repair 152 shops, sale, service or repair of firearms or similar establishments. 153 154 D. RT -4 Resort Tourist District 155 156 .... 157 (b) Accessory uses and structures: Uses and structures which are customarily 158 accessory and clearly incidental and subordinate to the principal uses and structures: 159 160 .... 161 162 The following are specifically prohibited as accessory activities: Convalescent or nursing 163 homes, tourist homes, massage or tattoo parlors, body piercing establishments, radio 9 164 television repairs, auto repair shops, sale, service or repair of firearms, or similar 165 establishments. 166 167 COMMENTS 168 These amendments will allow radio or television repair shops as home occupations, and 169 prohibit the sales, service or repair of firearms in the Agricultural, Residential, Apartment, 170 Business, RT -2, RT -3 and RT -4 Zoning Districts 171 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 172 of 2007. F APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I 1aut�. City Attorney's 6ffice CA -10209 - V:\applications\citylawprod\cycom32\Wpdocs\DO09\PO01\00023301. DOC R-13 May 2, 2007 5 L. APPOINTMENTS BOARD OF ZONING APPEALS COMMUNITY MEDICAL ADVISORY COMMISSION DEVELOPMENT AUTHORITY (VBDA) PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITY OF VIRGINIA BEACH Y Y A B S SUMMARY OF COUNCIL ACTIONS T A I N E V D 0 I M B L DATE: July 10, 2007 C E L D E D H C R A W S I E J L N U N I PAGE: I T E D N 0 A D H U L W E Z Y L N N O R E S O AGENDA ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D I I CITY COUNCIL BRIEFINGS A. HRT UNIVERSAL SHUTTLE Michael Townes, President and CEO, Hampton Roads Transit Gene Cavasos, Director of Marketing, Hampton Roads Transit B. SANDLER CENTER Patricia Phillips, Director, Finance Dorothy L Wood, Chair, Performing Arts Committee Lynwood Branch, President, Virginia Beach Performing Arts Center Foundation II CITY MANAGER BRIEFINGS A. WORKFORCE HOUSING Andrew Friedman, Director, Housing and Neighborhood Preservation Bill Macali Deputy City Attorney B. LEROY DRIVE MASTER PLANI David L. Hansen, Chief, Finance and Technology III/ I MINUTES APPROVED 9-0 I Y I Y I A IV/ V/ Informal/Formal Sessions May 15, 2007 F -I y Y Y A B S T A I N E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H-1 PUBLIC HEARING 1. BYRNE MEMORIAL JUSTICE NO SPEAKERS V DATE: July 10, 2007 O I ASSISTANCE GRANT M B L D C E L 2 E D H NO SPEAKERS C R A W- S S I E J L N U N I AGENDA T E D N O A D H U L W ITEM #E SUBJECT MOTION VOTE E Z Y L N N O R E S O p E E E E A R I V O O H L R Y S N F N A N D G/ H-1 PUBLIC HEARING 1. BYRNE MEMORIAL JUSTICE NO SPEAKERS ASSISTANCE GRANT 2. LEASE OF CITY OWNED PROPERTY 2293 Lynnhaven Parkway re TRGHC NO SPEAKERS I -I PUBLIC BRIEFING TOWN CENTER PHASE III/Property Exchange Patricia Phillips, Director, Finance Alexander Stiles, Associate City Attorney J/ Ordinance toAMEND Chapter ?/Article XVI of ADOPTED BY 9-0 Y A A Y Y Y Y Y Y Y Y K-1 City Code'AMEND §2-382/REPEAL §2-387 re CONSENT composition ofPlanning Department 2 Ordinance toAUTHORIZE lease of City -owned DEFERRED 9-0 Y A A Y Y Y Y Y Y Y Y property at 2293 Lynnhaven Pkwy for onryear INDEFINITELY with TRGHC re residential housing for juvenile BY CONSENT offenders throughtransitional living 3 Ordinance toACCEPT dedication of property ADOPTED BY 9-0 Y A A Y Y Y Y Y Y Y Y from Lynnhaven-Little Neck Civic League, Inc, CONSENT at 586 N Lynnhaven RdAUTHORIZE all related documents q Ordinance toACCEPT/APPROPRIATE ADOPTED BY 9-0 Y A A Y Y Y Y Y Y Y Y $300,000 from Performing Arts Center Foundation CONSENT to Sandler Center re a free-standing sign 5 Resolution toAUTHORIZE renewed agreement ADOPTED BY 9-0 Y A A Y Y Y Y Y Y Y Y with Virginia Beach Performing Arts Center CONSENT Foundation, Inc - 6 Resolution toAUTHORIZIJDIRECT the City ADOPTED BY 9-0 Y A A Y Y Y Y Y Y Y Y Manager to initiate bids for lease oLynnhaven CONSENT City Marina INIA BEACH COUNCIL ACTIONS V O 1 M B L D C E L E D H C R A W LLAGENDA S I E J L N U N I T E D N O A D H U L W E Z Y L N N O R E S O BJECT MOTION VOTE p E E E E A R I V O O S N F NA N D H L R Y Resolution toRECEIVE recommendations of REMOVED B Y C O N S E N S U S 7 Employee Benefits Review Task Forci FROM THE EXTEND term of Task Force AGENDA SUBJECT TO BE - DISCUSSED AT COUNCIL RETREAT 8 Resolution toESTABLISHTransportation DEFERRED 9-0 Y A A Y Y Y Y Y Y Y Y Authority Committeere review of provisions of INDEFINITELY HRTA Act BY CONSENT Variance to §4.4(d) of Subdivision Ord that all GRANTED BY 9-0 Y A A Y Y Y Y Y Y Y Y L-1 lots meet CZO re lot width forVAN GIANG at CONSENT 972 Whitehurst Landirg Road re flag lotfor single-family dwelling DISTRICT 2—KEMPSVILLE CAVALIER GOLF/YACHT CLUB CUP re a MOTION TO 5-5 Y Y A N N N N Y N Y Y 2 golf club agronomy facility at Kamichi Burt APPROVE DISTRICT 5— LYNNHAVEN FAILED TO TIE VOTE B'NAI ISRAEL CUP at 620 Baker Road re DEFERRED 9-0 Y A A Y Y Y Y Y Y Y Y 3 bingo hall INDEFINITELY DISTRICT 2— KEMPSVILLE BY CONSENT SHORE DRIVE PARASAILING, INC., CUP APPROVED/ 9-0 Y A A Y Y Y Y Y Y Y Y 4 at 3311 Shore Drive re parasailing CONDITIONED DISTRICT 5— LYNNHAVEN BY CONSENT Applications at 1763 Princess Anne Road: MODIFIED AS 8-2 Y Y A N Y N Y Y Y Y Y 5 DISTRICT 7— PRINCESS ANNE PROFFERED/ HAC PROPERTIES Modification of CONDITIONED a. Proffer No 3 b. NORMA DIANE PAYNE HEWIT t/a ARGO OF TIDEWATER for a CUP re low speed vehicles BROWN BUILDING CORP Modification of MODIFIED AS 9-0 Y A A Y Y Y Y Y Y Y Y 6 Pro ers for conditional rezoning at 4847 Dolton PROFFERED BY Drive to allowa childcare facility CONSENT DISTRICT 2— KEMPSVILLE AGC ACQUISITION, L.L.C. CoZ from AG -2 DEFERRED 9-0 Y A A Y Y Y Y Y Y Y Y 7 to Conditional B4 at 1291 Nimmo Pkwy re retail INDEFINITELY building(multi-family dwellings BY CONSENT DISTRICT 7= PRINCESS ANNE CITY OF VIRGINIA BEACH APPOINTMENTS SUMMARY OF COUNCIL ACTIONS ON BLUE RIBBON TAX, FEE and SPENDING V DATE: July 10, 2007 O I M B L Frederick J. Napolitano, Jr. D C E L PAGE: 4 E D Nancy K. Parker H 9-0 C R A A W Y Y S I Y E J L N U N I AGENDA T E D N O A D H U L W ITEM # SUBJECT MOTION VOTE E Z Y L N N O R E S O p E E E E A R I V O O H L R Y S N F N A N D ADD APPOINTMENTS ON BLUE RIBBON TAX, FEE and SPENDING _ TASK FORCE Frederick J. Napolitano, Jr. Nancy K. Parker APPOINTED APPOINTED 9-0 Y Y A Y Y Y Y Y Y Y Y Term M/N/ ADJOURNMENT 7:03 P.M O PUBLIC COMMENT 6 Speakers CITYWIDE TOWN MEETINGS September 18 Time and Location to be Announced FY2008-2010 Budget November 20 Time and Location to be Announced Stormwater Plans and Funding CITY COUNCIL SUMMER SCHEDULE August 7 Cancelled August 14 Briefings, Informal, Formal, including Planning items August 21 Briefings, Informal, Formal August 28 Briefings, Informal, Formal, including Planning items