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Home My WebLink AboutAUGUST 21, 2007 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF. At-Large VICE MAYOR LOUIS R. JONES. Bayside - District 4 WILliAM R. DeSTEPH, At-Large HARRY E. DlEZEL, Kempsville - District 2 ROBERT M. DYER., Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN. Rose Hall - District 3 JOHN E. UHRlN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON. At-Large JAMES 1. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 234568005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com C1TY MANAGER -JAMES K. SPORE C1TY ATTORNEY - LESliE 1. liUEY ClTY CLERK - RUTH HODGES FRASER. MMC 21 AUGUST 2007 I. CITY MANAGER'S BRIEFING - Conference Room- 1:00PM A. ELIZABETH RIVER PROJECT Clay Bernick, Environmental Management Administrator Marjorie Mayfield Jackson, Executive Director, Elizabeth River Project B. COMMUNITY LEGISLATIVE AGENDA ADDITIONS Robert Matthias, Assistant to the City Manager II. CITY COUNCIL DISCUSSION 2:00 PM A. 2008 HEALTH CARE PLAN III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA 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. Obemdorf B. INVOCATION: Father Steve DeLeon, Pastor Star of the Sea Catholic Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS August 14, 2007 G. AGENDA FOR FORMAL SESSION H. PUBLIC COMMENT 1. WORKFORCE HOUSING I. PUBLIC HEARINGS 1. LEASE OF CITY-OWNED PROPERTY Parking- Lynnhaven Municipal Marina 2. AMEND FY-2007-08 CAPITAL BUDGET Witchduck Road - Phase I J. CONSENT AGENDA K. ORDINANCESIRESOLUTION 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease of City-owned property re twenty-five (25) parking spaces at the Lynnhaven Municipal Marina for use by the adjacent Chick's Oyster Bar Restaurant 2. Ordinance to EXTEND for ninety (90) days the date for satisfying conditions re the closure of portions of Mathews Green east of Princess Anne Road (DISTRICT 7 - PRINCESS ANNE) 3. Ordinance to ACCEPT and APPROPRIATE $15,000 from the Department of Criminal Justice Services to the Police Department re equipment purchase for recruitment and retention of minorities 4. Resolution appointing Elena E. Ilardi as Assistant City Attorney effective September 1,2007 L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITYWIDE TOWN MEETINGS October 16, 2007 Location to be Announced -7:15 pm FY 2008-2010 Budget January 15, 2008 Location to be Announced -7:15 pm Stormwater Plans and Funding ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 8121/07st www.vbgov.com I. CITY MANAGER'S BRIEFING - Conference Room- 1:00PM A. ELIZABETH RIVER PROJECT Clay Bernick, Environmental Management Administrator Marjorie Mayfield Jackson, Executive Director, Elizabeth River Project B. COMMUNITY LEGISLATIVE AGENDA ADDITIONS Robert Matthias, Assistant to the City Manager II. CITY COUNCIL DISCUSSION 2:00 PM A. 2008 HEALTH CARE PLAN III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA v. INFORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Oberndorf 4:00 PM 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: Father Steve DeLeon, Pastor Star of the Sea Catholic Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS August 14, 2007 G. AGENDA FOR FORMAL SESSION Itrsnlutinu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC COMMENT 1. WORKFORCE HOUSING I. PUBLIC HEARINGS 1. LEASE OF CITY-OWNED PROPERTY Parking- Lynnhaven Municipal Marina 2. AMEND FY-2007-08 CAPITAL BUDGET Witchduck Road - Phase I PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City-owned property on Tuesday, August 21, 2007, at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following: Approximately 25 parking spaces at the Lynnhaven Municipal Marina, 3211 Lynnhaven Drive, Virginia Beach, VA 23451 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Any questions concerning this matter should be directed to the Department of Parks and Recreation, 4141 Dam Neck Road, Virginia Beach. The Department of Parks and Recreation Office telephone number is (757) 385-1120. RqH~Mi) City Clerk ~d IDI..~Z~9~f?~........._.................:..:.................... Time E:9T.F.'~__,__.j Date IQ~!.9!!?991,..m...J NOTICE OF PUBLIC HEARING Amendment to the FY 2007-08 Capital Budget: Supplemental Appropriation of $11,871,000 to The Witchduck Road-Phase I Project On Tuesday, August 21, 2007, the Virginia Beach City Council will hold a Public Hearing on a proposed amendment to the FY 2007-2008 Capital Budget. The Public Hearing will be held at 6:00 p.m. in the City Council Chamber, second floor, City Hall Building, Municipal Center, Virginia Beach, Virginia. The amendment is necessary to appropriate $11,871,000 of additional federal and state funding to the Witchduck Road-Phase I project (CIP 2-931) as per the adopted VDOT Six-Year Improvement Program. The additional funds will be used for project site acquisition. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, call Virginia Relay at 1-800-828-1120. , Ruth Hodges Fraser, MMC City Clerk Beacon Aug. 12, 2007 17440468 Ad shown is not actual print size J. CONSENT AGENDA K. ORDINANCESIRESOLUTION 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease of City-owned property re twenty-five (25) parking spaces at the Lynnhaven Municipal Marina for use by the adjacent Chick's Oyster Bar Restaurant 2. Ordinance to EXTEND for ninety (90) days the date for satisfying conditions re the closure of portions of Mathews Green east of Princess Anne Road (DISTRICT 7 - PRINCESS ANNE) 3. Ordinance to ACCEPT and APPROPRIATE $15,000 from the Department of Criminal Justice Services to the Police Department re equipment purchase for recruitment and retention of minorities 4. Resolution appointing Elena E. Ilardi as Assistant City Attorney effective September 1,2007 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: The Honorable Mayor and Members of Council James K. Spore, City Manager ITEM: Lease of Parking Spaces at Lynnhaven Municipal Marina MEETING DATE: August 21, 2007 Background: The Department of Parks and Recreation has been contacted by At Your Service Restaurant Group, Inc., the operator/manager of Chick's Oyster Bar Restaurant, located adjacent to Lynnhaven Municipal Marina. At Your Service Restaurant Group, Inc has requested the opportunity to enter into a lease agreement for use of approximately 25 parking spaces at Lynnhaven Municipal Marina. Upon further review of the request and coordination with the various City Departments including Planning, Police and Economic Development, staff recommends to proceed with a lease agreement as requested. Considerations: The Lynnhaven Municipal Marina property contains approximately 88 parking spaces. These spaces are currently used exclusively by the 50 Marina slip holders, primarily during the weekday and weekend daytime hours. During the evening hours, there are available parking spaces that could be leased in order to alleviate some of the parking congestion in the area and resulting impact to the adjacent property owners. Approximately 25 of the 88 parking spaces at the Marina can be made available for the restaurant's use during the evening hours. The leaseholder would pay the City a monthly fair market rate per parking space as rent for use of the parking spaces and would be required to manage the parking spaces via valet service only. Public Information: The Public Hearing Notice for Lease of City Property has been advertised in the local newspaper as required. Recommendations: Authorize the City Manager to enter into a lease for use of 25 parking spaces at Lynnhaven Municipal Marina per the terms and conditions of the lease. Attachments: (1) Ordinance (2) Summary of Lease Terms (3) Exhibit Showing Leased Area Recommended Action: Approval ~ fJ _____ S~bmitting Department/Agency: Department of Parks and Recre~~ City Manager: ~ k ~~ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 .21 22 23 24 25 26 1 2 3 AN ORDINANCE TO APPROVE A LEASE OF PARKING SPACES AT THE L YNNHAVEN MUNICIPAL MARINA TO AT YOUR SERVICE RESTAURANT GROUP, INC. WHEREAS, At Your Service Restaurant Group, Inc., the operator of Chick's Oyster Bar restaurant, has requested the City to allow the use of parking space in the parking lot of the Lynnhaven Municipal Marina for the restaurant's customers; and WHEREAS, during the evening hours there are unused parking spaces in the City's parking lot which can be made available for the restaurant's use; and, WHEREAS, the City Council is agreeable to allow At Your Service Restaurant Group, Inc., to lease parking at the Lynnhaven Municipal Marina in accordance with the terms of the lease which has been presented to the Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1 . That the Council approves the lease of parking spaces to At Your Service Restaurant Group, Inc., in accordance with the terms of the lease presented to the City Council and on file in the City Clerk's Office. 2. That the City Manager is authorized to execute the lease on behalf of the City. 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: CA10471 August 10, 2007 R6 Lessee: Term: Area: Rental: Hours of Use: Limited Use: Miscellaneous: SUMMARY OF TERMS Lynnhaven Municipal Marina Lease of Parking Spaces At Your Service Restaurant Group, Inc. August 15, 2007 - January 1, 2008 (plus extension until April 1 ,2008 if agreed to by both parties) 25 parking spaces in the Lynnhaven Municipal Marina parking lot (by mutual agreement the number of spaces may be increased up to 30. $1,250 per month ($50 per parking space) 5:00 pm to 1 :00 am Parking only for customers and employees of Chick's Oyster Bar restaurant. All customer parking must be by valet. . . Lessee to clean up all trash Lessee to place appropriate signage that the area is for valet parking Lessee to indemnify/hold harmless the City and to maintain insurance At Your Service Restaurant Group, Inc. may assign its interest to the lease to an affiliated entity. . . LYNNHAVEN MARINA LOCATION MAP L YNNHAVEN MARINA PROPERTY OF CITY OF VIRGINIA BEACH L YNNHAVEN MARINA 3211 L YNNHAVEN DRIVE GPIN 1489-98-2246 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance extending the date for satisfying conditions in the matter of closing, vacating and discontinuing a portion of that certain street shown as a "PORTION OF MATHEWS GREEN TO BE VACATED (0.35 ACRES)" and "PORTION OF MATHEWS GREEN TO BE VACATED (0.08 ACRES)" as shown on that certain plat entitled "STREET CLOSURE EXHIBIT OF MATHEWS GREEN VIRGINIA BEACH 03-23-06": MEETING DATE: August 21, 2007 . Background: An Ordinance extending the date for satisfying conditions in the matter of the application of Mathews Green Associates, L.L.C. for the discontinuance, closure and abandonment of portions of Mathews Green, the first portion beginning at a point approximately 130 feet east of its intersection with Princess Anne Road and extending 274.73 feet in an easterly direction and the second portion being the southwest quadrant of a cul-de-sac, located approximately 109.91 feet east of Princess Anne Road. DISTRICT 7 - PRINCESS ANNE . Considerations: On August 22, 2006, the City Council granted the request of Mathews Green Associates, L.L.C. to close a portion of Mathews Green. The applicant intends to purchase the entire closed portion of Mathews Green to incorporate into the veterinarian's adjoining property across from its proposed residential development. In exchange for the closed portion of Mathews Green, the veterinarian has agreed to provide a portion of his property to the applicant. The portion of property provided by the veterinarian will give direct access from the proposed development to Princess Anne Road and will provide the veterinarian with a more safe access. The area of the street closure will be incorporated into the adjacent non-residential property. The street closure improves the accessibility of both the existing non-residential property and the proposed residential development. There were four conditions attached to the approval: 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 parcel. 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 right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. The applicant has worked to satisfy the conditions, but requires additional time to complete satisfaction of conditions 2 and 4. Staff concludes that the request for additional time is reasonable. . Recommendations: Staff recommends that an extension of 90 days be granted. . Attachments: Ordinance Staff Review from 2006 Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen~ City Manager: ~ II. , C8~ V:lapplications\eitylawprodlc:ycom32\ Wpdocs\DO 19\POO I\OOO20612.DOC . 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING CONDITIONS IN THE MATTER OF 3 CLOSING, VACATING AND DISCONTINUING A 4 PORTION OF THAT CERTAIN STREET SHOWN AS 5 A "PORTION OF MATHEWS GREEN TO BE 6 VACATED (0.35 ACRES)" AND "PORTION OF 7 MATHEWS GREEN TO BE VACATED (0.08 8 ACRES)" AS SHOWN ON THAT CERTAIN PLAT 9 ENTITLED "STREET CLOSURE EXHIBIT OF 1 0 MATHEWS GREEN VIRGINIA BEACH 03-23-06": 11 12 13 WHEREAS, on August 22, 2006, the Council of the City of Virginia Beach 14 acted upon the application of Mathews Green Associates, L.L.C. for the closure of 15 portion of Mathews Green; 16 17 WHEREAS, on August 22, 2006 the Council adopted an Ordinance to 18 close the aforesaid street, subject to certain conditions being met on or before August 19 21,2007; and 20 21 WHEREAS, on August 14, 2007, the applicant requested an extension of 22 time to satisfy the conditions attached to the aforesaid street closure. 23 24 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 25 Virginia Beach, Virginia: 26 27 That the date for meeting conditions of closure as stated in the Ordinance 28 adopted on August 22, 2006, upon application of the City of Virginia Beach, is extended 29 to November 21, 2007. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on this 32 day of , 2007. CA-10320 V:lapplicationslcilylawprod\cycom321WpdocsIO0151POO2l00038654.DOC R-1 August15,2007 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: _ I c~~~i. tuiIioW GPIN: 2404-94-9948,2404-95-3651 and 2404-95-6764 MATHEWS GREEN ASSOCIA TES, L.L.C. Agenda Item 16 June 14, 2006 Public Hearing Staff Planner: Karen Prochilo REQUEST: Discontinuance. closure and abandonment of portions of Mathews Green beginning at a point approximately 130 feet east of Mathews Green intersection with Princess Anne Road and extending 274.73 feet in an easterly direction and southwest quadrant of the cul-de-sac, approximately 100 feet east of Princess Anne Road . ADDRESS I DESCRIPTION: Property begin ning at a point approximately 130 feet east of Mathews Green intersection with Princess Anne Road and extending 274.73 feet in an easterly direction and southwest quadrant of the cul-de-sac, approximately 100 feet east of Princess Anne Road. COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 0.43 acres SUMMARY OF REQUEST The applicant intends to purchase the two halves of Mathews Green to incorporate into the veterinarian's adjoining property across from their proposed residential development. The veterinarian has agreed to provide a portion of his property to the applicant in exchange for the street closure property. The portion of property provided by the veterinarian gives direct access of the proposed development to Princess Anne Road and provides the veterinarian a safer access. EXISTING LAND USE: Paved road LAND USE AND ZONING INFORMATION SURROUNDING LAND USE AND ZONING: North: South: East: . Veterinarian's office / B-2 Community Business District . Proposed residential development / Currently AG-1 & AG-2 Agricultural District (Proposed CRZ to R-20 (PD-H2 overlay) . Continuation of Mathews Green to intersection with Princess Anne Road . Single-family dwellings / R-20 Residential District West: NATURAL RESOURCE AND CULTURAL FEATURES: The area proposed for closure is paved. AICUZ: The site is in an AICUZ of 65 dB Ldn - 70 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES PUBLIC WORKS (TRAFFIC ENGINEERING): As a condition of the closure of Mathews Way, Traffic Engineering will require that a chanelizing island be added at the Veterinary Clinic entrance at the proposed private road to prohibit vehicles from cutting through the private road from Mathews Way to Princess Anne Road. The configuration of the private road (Mathews Way) intersection is based upon the existing Veterinary Clinic land use that the private roadway serves. If this property were redeveloped into a higher traffic generator, Traffic Engineering reserves the right to modify the access arrangement. The developer will be required to provide a right turn lane on Princess Anne Road at the proposed Mathews Way intersection. Traffic engineering acknowledges that a standard right turn lane cannot be built because of right-of-way limitations. Right-of-way requirement will be determined at the time of site plan review. On the southbound (inbound) side of the median on the proposed Mathews Way from Princess Anne Road to the median opening for the veterinarian entrance, the pavement width must be 24 feet. This width will allow Mathews Green residential traffic to bypass vehicles waiting to turn into the veterinarian entrance. The proposed left turn lane on Princess Anne Road at Mathews Way to meet Public Works Standards for storage bay and taper length. Additional detailed comments may be made during site plan review. Separate comments have been provided regarding the associated conditional rezoning application for Mathews Green Associates, L.L.C.. i{ CJ ,f::~.:::;'~~~~~J. MATHEWS GREEN ASSg<at5fES;, iA1J:~ng~lt' . .~ ^ ;~;~.;~,\t~~:" ;- ~~<... :').....":y WATER: There is a 16 inch water line located within the proposed street cl9sure which will require dedication of a 30' public utility easement centered over the waterline. In addition, an all weather access will be required within the easement. The developer needs to be advised no encroachments Le. structures, will be permitted within the easement. SEWER: There are no sewer lines in the area propos ed for closure. The Comprehensive Plan recognizes this area as being within the Transition Area / Princess Anne. COMPREHENSIVE PLAN "Policies of this Comprehensive Plan have been designed to ensure that the Transition Area continues to be a well-planned area. Employment, mixed use, and residential centers, each with its own open space and trail system, will be clustered along and connected to the public greenway offering a variety of quality home and work environments. "(p. 143) Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION The Viewers Committee has determined there is no future need for the right-of-way. The area of the street closure will be incorporated into the non-residentiaradjacent property. The street closure improves the accessibility of both the existing non-residential property and the proposed residential development. 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 parcel. 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 compan ies 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. ~r Q ,~~::::1"""':~:~./ MATHEWS GREEN ASSO:~5fE6~~ ~A~! d' : 1"" iQ~.~rt a l;;~ '~',. '~1~'-;;)~-:.~4::r; :;. \".;i",::~tt:~; f.>,,",{~ ~ ~ ':,~;:)..~;; ~~;:;.~~;,;{,~~\~_~/: t4\~~:~::,~,","<(':;"1'~~;i..'t.i? 4. Closure of the right-of-way shall be contingen1 upon compliance wit~ 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. 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. 1f"0 ,;:"', "...,/ ,. MATHEWS GREEN ASSq:~~iE~:~ ~9~nC;i~Jt 'l~{0;,:~'~~ MATHEWS GREEN ,tif: .~:~~ "00 1O(!)c-... c:, c. l~ ll;'m ~~:I!.~. o C\l ",,",CD..:g (f) NN:::f N SURVEY OF AREA TO BE,Gl::;OS'EQt~~~ ;~t~;;i" :;~1; MATHEWS GREEN ASSq:~!\:rES; , ~:;53 :~~~ng~mlt' .- DISTR.a I ~i I ~ AG-2 AG-2 o c AG-I ~reet dosure 1 11/27/01 Conditional Rezon inq from R-20 to AG-2 Granted 2 11/24/98 Modification of Conditions Granted 03/26/90 Conditional Rezon ing from R-20 to B-1 A Granted 3 1 0/23/89 Conditional Rezon ing from R-20 to 0-2 Granted Reconsideration of CRZ from R-3 to 0-1 4 04/25/88 Street Closure Granted 5 08/27/86 Downzone to AG-1/ AG-2 Granted MATHEWS GREEN MATHEWS GREEN MATHEWS GREEN DISCLOSURE STATEMENT - ADD. I't ' "d:i~~;~~: Item #16 & 17 Mathews Green Associates, L.L.c. Discontinuance, closure and abandonment of portions of Mathews Green Change of Zoning District Classification 2217 Mathews Green District 7 Princess Anne June 14, 2006 REGULAR Barry Knight: Mr. Secretary. Joseph Strange: The next item is Item #16 & 17, Mathews Green Associates, L.L.C. Application of Mathews Green Associates, L.L.C. for the discontinuance, closure and abandonment of portions of Mathews Green beginning at a point approximately 130 feet east of its intersection with Princess Anne Road and extending 274.73 feet in an easterly direction and the southwest quadrant of the cul-de-sac, approximately 100 feet east of Princess Anne Road, District 7, Princess Anne with four conditions; and Item #17, Mathews Green Associates, L.L.c. Application of Mathews Green Associates, L.L.c. for a Change of Zoning District Classification from AG-l & AG-2 Agricultural Districts to Conditional R-20 Residential District with a PD-H2 Overlay on property located at 2217 Mathews Green, District 7, Princess Anne with twelve proffers. Jeff Maynard: Thank you Mr. Strange. Good afternoon Mr. Chairman and members of the Planning Commission. My name is Jeff Maynard. For the record, my business address 222 Central Park Avenue, Suite 2000. I'm here on behalf of the applicant Mathews Green Associates. I have with me Bob Kellam, Bill Gerwitz, Jim Hogan, and Charles Burroughs who are investors and or architects and engineers in this project. Briefly, if Mr. Kellam would step forward, I wanted to show you the aerial photograph of this property. I know that many of you are familiar with it. This is the old property of Virginia Mathews, which my client has purchased. It is an approximately 49~-acre tract located along Princess Anne Road. You see that Nimmo Church is here. The Three Oaks community is this way. Princess Anne Road runs along the front and there is a 7-Eleven right here where Princess Anne Road turns to the south. The property is presently zoned agricultural. My clients would like to rezone this property from agricultural to R-20 with a PD-H2 Overlay. And if Bob would switch slides I'll show you briefly their site plan. This property is largely wooded and impacted by wetlands. We are located in the Transition Area and achieving density by meeting a 50 percent open space requirement. Approximately 17.28 acres is what we are calling a "preservation area" that will be dedicated to the City of Virginia Beach, and then we have additional homeowners open space interior to the community that will allow us to achieve the 50 percent threshold. Here are a couple of things about the appl ication. We are proposing 49 residential lots, 45 of them will be clustered on this side adjacent to or near the Three Oaks community. Item #16 & 17 Mathews Green Associates, L.L.c. Page 2 There are four additional lots that are not part of the same Homeowners Association but reserve for future development up along Princess Anne Road. The applicant is proposing a dedication of a little less than four acres of land for realignment of Princess Anne Road that we understand will be coming at some point in the future, as well as a dedication of approximately Y2 acre of land to preserve and protect Nimmo Church. The homes to be located on this area, and we will come back to that slide. I wanted to point out for you are brick colonial and design, Georgia Revival Architecture that will be high quality material such as brick or wood or real stucco. There won't be any EIFS or any vinyl in the community. The homes will all be built on crawl spaces and will have either rear or side garages unless the garage is located farther back than the rear of the house that is located on that property. A couple of other items. The price ranges for this development is going to be in the $600,000-$800,000 range. So they are high quality materials and a very high quality development. If you would turn back to the slide, I wanted to let you know that we have met on four occasions with the Three Oaks community. I understand that a couple of their representatives are here, and I wanted to point out the issues that we have been able to negotiate with them and then focus on the last issue that we have come to an agreement on but I wanted to point out. Initially when our engineers and the applicant filed this application, the entrance was proposed along Princess Anne Road. They have spent considerable time during this process working with the city planning staff and traffic engineering department to come up with an acceptable alignment at the entrance along Princess Anne Road. That also is the reason for the street closure application that is a component of this overall development. The street closure has been negotiated with Dr. Francois who owns PM Associates and has a veterinarian practice there. He will be getting this section of the street closure and it will increase the size of his lot and will allow him to configure the entrance to his property through our development instead of the oddly shaped entrance that is presently located along Princess Anne Road. A couple of the issues we had and discussed with the community on. Several of the residents along . the storm water pond were concerned about the size of these lots initially. We were able to expand it greatly. I will point out the average lot size in this community is approximately 16,000 square feet. The smallest is in the 11,000 square foot range. We have some that are over 20,000 square feet, and the larger ones are along this area. Another issue that was raised in the early session dealt with the buffering. And as pointed out, the owners of the property of Three Oaks, their property lines go to our side, I guess of the canal here, so they actually own this property here. There is going to be an existing strip of trees that will remain we will not be able to touch them as they are part of the other property owner's property. I will point out our open space, the Homeowners A~sociation open space has connectivity with an internal trail system. There are sidewalks on both sides of the property. Probably the issues that we spent the most time on with the community deals with the connection of Kindling Hollow Road, which is here on the site plan. The residents of the neighborhood have objected strongly to that. They pretty much from day one and first meeting we had with them said they did not want our neighborhood to connect with theirs. As we have gone through the planning process, we understand that the City's sub division ordinance requires us to show connectivity but I wanted to represent to you that if it's the will of the Commission and Item #16 & 17 Mathews Green Associates, L.L.c. Page 3 the City Council, our applicant does not wish to show a vehicular connection. This morning there was some discussion whether we would be willing to install pedestrian connectivity such as bike trails or walking paths between the communities. We are, of course, willing to build a road. However, the residents of Three Oaks, I believe are opposed to that notion. So we would, again, seek your direction on that. I would point out that if connectivity is eliminated the change in the site plan would be that Mathews Way would be basically a loop road with a single entrance off of Princess Anne Road. We would eliminate this and it would become and these lots may change just a little bit but there would be no connection between the neighborhoods. There would be no cul-de- sac here as well. It would be just a loop road system. So, with that, I will standby for any questions and ask for your recommendation for approval. Barry Knight: Are there any questions for Mr. Maynard? Mr. Crabtree. Eugene Crabtree: The same one I asked this morning. Is it not only going to be pedestrian friendly but bike friendly as well? Is the developer going to put in not only sidewalks for pedestrians but trails for bicycles? Not only in the open space that Parks and Recreation are going to do it but within the development itself along the streets? It is very important that they have bicycle access as well. Jeff Maynard: Our development will have trail systems here and sidewalks all the way around that will accommodate bicycle access. Eugene Crabtree: It will be large enough and wide enough for bicycles and use them as bike paths as well? Jeff Maynard: Yes. I would point out that we are going to dedicate this portion to the City. Eugene Crabtree: I understand that. But this is above and beyond what the City is going to do. Jeff Maynard: Right. Barry Knight: Are there any other questions? Thank you Mr. Maynard. Jeff Maynard: Thank you. Joseph Strange: Speaking in support of th.e application we have Robert Kellam. Robert Kellam: Actually, I was just asked to fill out a card. I have nothing to add. Joseph Strange: Good. Speaking in opposition, the first opposition is Dennis Meligonis. Item #16 & 17 Mathews Green Associates, L.L.c. Page 4 Barry Knight: We1come sir. Dennis Meligonis: Good afternoon. Barry Knight: Please state your name for the record. Dennis Meligonis: I'm Dennis Meligonis. I'm the President of the Three Oaks Homes Association. This time I am representing the residents of the neighborhood and we do have several. I would like for them to stand please. Confirming with the developer, our opposition to this neighborhood is the connection to Kindling Hollow Road. Basically we have two reasons why we don't want that road connected. Three Oaks neighborhood is a little over 20 years old. We have a very, very low crime rate. We feel this is because of the one entrance and exit into the neighborhood, we haven't had any major crimes because we don't have an escape route but if you did connect the Kindling Hollow Road that would allow an escape route out of the back of our neighborhood. The second issue is we are in a school walking zone. We did have the new elementary school built behind our neighborhood. We don't have sidewalks in our neighborhood. So all of the children in the neighborhood have to walk on the streets to school. With the Kindling Hollow connector being in back of the neighborhood that would certainly cause a change in traffic patterns and certainly cause increase traffic to the back of the neighborhood where a majority of the students would be walking to school. Approximately in the last 24 months there have been several neighborhoods within a three-mile radius of Three Oaks. Some of them are Princess Anne Quarter, Victoria Park in Virginia Beach, High Court, Chelsea Place, and Seaboard Forest. All of these are single entrance and exit neighborhoods and we feel we should have the same consideration as those neighborhoods with one entrance and one exit. Like I said, in summary our neighborhood is over 20 years. We really, really like our one entrance and exit. We hope that you make this recommendation to City Council. Thank you. Barry Knight: Are there any questions? Mr. Bernas. Jay Bernas: You say you're objecting to the vehicular access but would you object to a pedestrian access from that neighborhood to your neighborhood with that connectivity? Dennis Meligonis: Probably not. Of course, I am representing the community and we really didn't discuss that with our community. We had several meetings with the builder. Basically representing the neighborhood here was just for the road connection. Barry Knight: Any other comments? Mr. Henley. Al Henley: Mr. Meligonis. On the question that Mr. Bernas just asked if for some reason that the road is not connected, once again, I think it is very important to open up neighborhoods with trail systems primarily pedestrian as well as bicycle traffic as well. Take into consideration with the proposal that Three Oaks has a great opportunity to Item #16 & 17 Mathews Green Associates, L.L.c. Page 5 enjoy the open space that is going to be dedicated by the applicant. So the enjoyment there and not just for that neighborhood would be also be enjoyed by the surrounding neighborhoods just like Three Oaks. Does that sound attractive to you? Dennis Meligonis: Yes. Al Henley: Thank you. Barry Knight: Are there any other questions or comments? Sir, I would like to note that it looks like there are some options on the table. Opening it up for vehicular traffic, which you all don't want, completely closing it for some sort of compromise. I've heard, so far and in some informal discussions that it looks like it would be appropriate to open it up for pedestrian traffic and trail traffic. And also, with what else is being discussed is possibly getting a city deeded right-of-way, a deed access in there because you don't know what is going to happen in 15 or 20 years but don't put a road in there now. There has also been some discussion and the Fire Department has some break away barriers or some gates that they can go through with keys or electronics that wouldn'fbe used by anyone except for an extreme emergency of a fire or something. So, I would just like to throw that out for some other residents that are going to speak to be aware that we have some options. It's maybe all or nothing or maybe some sort of compromise. Thank you sir. Joseph Strange: The next speaker is Renee Swinson. Barry Knight: Welcome ma'am. Please state your name for the record. Renee Swinson: Renee Swinson. I'm a seven year resident of Three Oaks and I live in the house adjacent to the proposed development on the end of Kindling Hollow Road. I do support Dennis' stand on opposing a road going through since I live right there but I would like to go further and say that I actually oppose the entire development. I am here to voice my opposition. As Dennis mentioned, currently there are numerous residential developments being proposed and built, and with this increase in density, I begin to question the need for this development. Over the past few years, the following have been considered for development within the Princess Anne section. Chelsea Place, Sherwood Lakes, Mayberry, Highcourt, Heritage Park, Victoria Park, Asheville Park, Nimmo's Quay and Seaboard Acres. On Sunday, June 11, 2006, the Virginian Pilot published an article on the Pungo Village Public Hearings and reported that in the last three years over 800 homes have been approved for development in the Transition Area. One Tuesday, June 13, 2006, the Pilot ran another article on three proposed developments, two of which are in the Princess Anne Corridor. The article focused on the opposition of these developments particularly that the residents worry that the growth is outstripping the city's ability to repair for the roads and other services. As a 35 year resident of Virginia Beach, I concur with this opposition based on my concern with the city's inability to provide the necessary services proportional to the proposed density increases. Just last Item #16 & 17 Mathews Green Associates, L.L.c. Page 6 night, Sherwood Lakes development was approved by City Council. With all these developments and the hundred of houses they constitute, what is the need for another development? Kellam High School is already overcrowded. The new Three Oaks Elementary School is over booked for next year. With the increase in density these developments represent, these schools will have a difficult time accommodating the children. I have a daughter who will attend Three Oaks Elementary next year and I am disheartened to think that she may have to attend class in a portable in a two-year old school. A lot of citizens moved to the Transition Area to get away from the overcrowding of northern Virginia Beach. ill talks with some other Three Oaks residents that have asked me when is growth and progress a detriment? The Transition Area serves as a land use buffer between the urban northern portion of the city and the rural southern portion of the city. Land use in density within this area should not be a continuation of either form but a transition from one to the other. I want to thank you for your time and consideration and I am opposed to this request. Barry Knight: Thank you ma'am. Are there any questions? Thank you. Joseph Strange: The next speaker B.J. Giancola. B.J. Giancola: My name is B.J. Giancola. Ed Weeden: Sir, identify yourself in the mic. B.J. Giancola: Good afternoon ladies and gentlemen. My name is B.J. Giancola. My wife and I have lived at Three Oaks at Kindling Hollow Road for the past 19 years. ill the past six months we conducted a survey of Three Oaks homeowners and I would like to submit the original petition with 13 copies containing the signatures of 189 homeowners who oppose having a connection entry/exit from Mathews Green to Three Oaks community. This represents a majority of the horneowners. The proposed connection will only cause significant increase in traffic through our neighborhood, additional congestion to the entrance of Three Oaks and increase safety issues for children who ride bikes, motor scooters and walk our streets with no sidewalks. During several meetings of the Three Oaks Homeowners Association, Mathews Green developers stated they would agree to with the majority of the Three Oaks homeowners to move the proposed connection from the plans if they had permission from the City Planning Commission and Council. I would like to take this opportunity to thank Karen Prochilo for her outstanding feedback with the Three Oaks homeowners and Mr. Kenyon and Mr. Swinson for providing assistance in conducting the survey and Ms. Dalton for making copies of the petition. Thank you for your consideration in this matter. Before you make any decision I would just like to comment that as far as the emergency vehicles, I really don't see where it would gain any benefit by having any kind of access there. If they are going to have any problems it is going to be in eith.er Three Oaks or it is going to be in Highgate Greens. I can't see where it is reasonable that if it is Mathews Green that they would be cutting through or going through Three Oaks in order to get to an a emergency in Item # 16 & 17 Mathews Green Associates, L.L.C. Page 7 Mathews Green. We have been here for 19 years and I've never heard of any kind of block up in front entrance of Three Oaks where an emergency vehicle couldn't get through. I don't think that is a problem. In the past few days I heard all this talk about the pedestrian right of way. The people that I have talked they don't want any connection there. We already have a problem whether people that already live there know, there are a lot of children and they're not only riding bikes but they are motorized scooters. That would just add between the developments of increased traffic. Barry Knight: Thank you. Are there any questions? BJ. Giancola: Should I submit these? Barry Knight: Give them to Mr. Livas. That will be fme. Joseph Strange: That concludes the opposition of speakers. Barry Knight: Mr. Maynard. Jeff Maynard: I don't have anything else to add other than what we said in our primary presentation. I guess with regard to the opposition general to the development. While our applicant can't solve all the city's traffic or other problems, we are dedicating a substantial area for future right-of-way improvements, which is a considerable value as well as taking property that is zoned agricultural and adding it to the tax base or to a higher rate. I'll standby for any questions. Again, we understand the community and Mr. Giancola petition. He had informed us earlier that the community doesn't want any connectivity whether that be a pedestrian or vehicular. So, our applicant, again is willing to do that which that the Planning Commission recommends. I would ask for your direction on that. Barry Knight: Thank you. Mr. Maynard, about the right-tum in' lane? Please address that. Jeff Maynard: Sure. There is not enough property for the benefit of everyone. The right turn in lane that Mr. Knight is referring to is on Princess Anne Road here. There is not enough land on the Mathews Green property to install a standard a right turn deceleration lane. However, our applicant is committed and our client is committed that during the site plan review process to install a right turn lane that allows for some vehicle stacking into the development. Barry Knight: Thank you Mr. Maynard. We all know that it is very, very congested in that neck of the woods. Anything that we can help do to facilitate traffic flow in that area is going to be somewhat of a help. Are there any questions for Mr. Maynard? Mr. Bernas? Item #16 & 17 Mathews Green Associates, L.L.c. Page 8 Jay Bernas: Is the applicant willing to work with staff prior to going to City Council on providing pedestrian access? As I understand it, and staff correct me if I am wrong that Three Oaks will have a pedestrian access to Sherwood Lakes that was recently approved. Correct me if I'm wrong if that is true or not? Karen Prochilo: Highgate Greens has a pedestrian access to LBH (Sherwood Lakes). Three Oaks does not have any connection currently with any developments. This is a proposed connection but it is a street tie connection. That is how it is being proposed. Jay Bernas: So is the applicant willing to work with staff, I guess'on providing some sort of pedestrian access? Just like Mr. Henley had mentioned that Three Oaks would also have the benefit of this tremendous open space that this development will be providing? Jeff Maynard: The applicant is certainly willing to do it. In fact, the applicant is willing to install a road. However, as we represented to the community we would support their direction on this initiative. We understand that 189 members, a majority as Mr. Giancola has pointed out opposes the application for that reason, then we of course wouldn't want that. Barry Knight: Thank you. Mr. Ripley? Ronald Ripley: Mr. Maynard, the road that you designed to connect to Three Oaks, the street stub that is shown on the plat, that was an existing street stub that you designed too, I assume that you didn't have to acquire? Jeff Maynard: That is correct. Ronald Ripley: That was envisioned as a conductor when Three Oaks was platted? I assume? Jeff Maynard: Right. We reviewed the plat for Three Oaks at the time and there was no cul-de-sac provided at that time. We looked in fact to see if there were additional notes or anything that pointed to future connection but all that was shown on the original plat was a street stub and not a cul-de-sac. So we assumed that was provided for future connection. Ronald Ripley: Thank you. Barry Knight: Mr. Livas. Henry Livas: Did your original plan call for that connectivity or did you do it as a result of the city forcing you too? Jeff Maynard: Our original plan showed the connectivity and I don't know if it was the Item #16 & 17 Mathews Green Associates, L.L.c. Page 9 city forcing us to do it because it was part of the requirement of the subdivision ordinance. I think Mr. Kellam and his engineering firm originally designed the application to comply with the subdivision ordinance. Barry Knight: Mr. Crabtree. Eugene Crabtree: Yes. If you do not put a vehicular connection there and it is just a bike and pedestrian, that would sort of connect your community as well as the Greenway to the Three Oaks neighborhood, and it would give the Three Oaks neighborhood a much larger area for their recreational purposes or whatever. Do you have any idea of what the City's Parks and Recreation plans to do with the open space or really what they plan to put in there other than just trails? Jeff Maynard: We haven't gotten an indication from the City on that. The only thing that we did discuss was at the time we agreed to dedicate that space to the city. We wanted it to remain as an urban forest. So we included a restriction that we didn't want ball fields or that type of recreation. Eugene Crabtree: No. But did you put any restriction on there as far as other leisure activities other than just biking and walking? Jeff Maynard: Right. What I included in the restriction, I think was the term "passive recreational use", which would be walking and hiking trails. Eugene Crabtree: Alright. But that is going to be Parks and Recreation? Jeff Maynard: Yes. As I understand it as I confirmed with Karen. Barry Knight: Are there any other questions of Mr. Maynard? Thank you Mr. Maynard. Jeff Maynard: Thank you. Barry Knight: I'll open it up for discussion. Mr. Henley. Al Henley: I would like to compliment the applicant as well as the staff and the ability to work and discuss the many issues that have arisen as a result of this application. I believe the, application is an application that has been well thought out, well planned. It would certainly compliment the neighborhood of Three Oaks and the surrounding area. I may want to mention that very seldom we have an opportunity that a number of applicants will actually benefit the city, the neighborhood. The applicants have dedicated additional property that is directly across from the historical structure mainly called Nimmo Church. And I had a letter in possession that was signed by the church applauding that, which I thought was really gracious of the proposed development. Along with that the dedication, the deed, the proposed Princess Anne Road relocation is also very beneficial to the traffic Item #16 & 17 Mathews Green Associates, L.L.C. Page 10 situation that everyone is aware of. This will certainly benefit alleviating a lot of the traffic concerns in that particular cross intersection. The open space will also benefit the city, that particular neighborhood of Mathews Green, as well as Three Oaks, and the other surrounding neighborhoods to enjoy the open space and large canopy trees that are present in that particular area along with the trails that are proposed for that area. Understand that the street connection is a standard that the City of Virginia Beach has adopted years ago, and obviously was adopted for a purpose because at one particular time there were locked in neighborhoods and nobody could gain access. There was one way in and one way out. Unfortunately, life and loss of life and threatening of structures because of fire and staff had to get along with fire and rescue and they established this ordinance. We had a real neat year to be exercised and that is to open up neighborhoods to avoid unfortunate critical situations to avoid death, emergency situations, heart attacks, fire and rescue. As the gentlemen pointed out they never had that situation arise in Three Oaks. I think that is very fortunate and we all hope that we would never have that particular situation to occur. But it only takes one situation. One particular critical incident and people begin to think if that only other access would have been open and we would have had a clearer shot because minutes count when life is in limbo. Again, minutes count when a fire engine cannot get there appropriately in time. That is something that is real life situation. I can clearly understand the resident at the end of that particular street. I have had my solitude. I can clearly understand and appreciate where those individuals are coming from. However, when you look at the future of the city, and the future of well planned neighborhoods, I think it is the only way to go. Bottom line, City Council will be the one that will be listening to this to make a decision whether that street connection will, in fact be open to traffic or it will be closed or if it is an option possibly pedestrian and bikeway systems. I, for one, believe that bikeway and not encouraged to vehicular traffic. I am not in support of that even though it is against city staff, and I hate to go against city staff but I realize that on the books they had to recommend that for the public well being. But I can clearly sympathize with that neighborhood. If I lived there I would probably not want that myself but I would be delighted to have a cross connection or pedestrian as well as bikeways. The elevation that is proposed in this is an excellent opportunity for an upgraded upscale neighborhood that everyone can certainly be proud of. It is a close knit neighborhood with trails that they could enjoy, bikeways and the tremendous open space behind canopy trees that is present in that particular area. I can go on but I'm not going to delay any longer. I will say I will be supporting this for those reasons that I mentioned today. Thank you. Barry Knight: Thank you Mr. Henley. Are there any other comments? Eugene Crabtree: Just one quick one. I want to ditto AI's comments and say that as far as the pedestrian and bike connectivity, the Bike and Trails Committee that has been formed in the last year here in the city has worked very diligently and has made recommendations, and we've changed the Comprehensive Plan to try to connect the entire city with pedestrian and bike access so that we could go from one point in the city to the next. All over. No matter where it is, all the old neighborhoods, all the new Item #16 & 17 Mathews Green Associates, L.L.c. Page 11 neighborhoods and all. So, I too support the connectivity of the bike and trails. If for no other reason than for the continuity of us having our communities connected so that we can go and flow from one to the other throughout the city, which we hope some day to run from over the Amphibious Base Little Creek all the way down to the city line going towards Knotts Island. We hope someday to have connectivity. Barry Knight: Thank you Mr. Crabtree. Are there any other comments? Discussion? The Chair will entertain a motion. Al Henley: I'll make a motion to approve. Ronald Ripley: Second. Barry Knight: A motion to approve by Al Henley and a second by Ron Ripley. Mr. Henley, tell us again that you are approving it as stated or any changes between here and Council? AI Henley: I'm approving it as stated with the exception of not tying in the Three Oaks . street for vehicular traffic. However, I wanted it to be a dedicated right-of-way joining both neighborhoods with a pedestrian access and with also a bikeway. Those bikeways and pedestrian will be paved for concrete. Barry Knight: Thank you. Is that your second Mr. Ripley? Ronald Ripley: That is not my second. I withdraw my second. Barry Knight: Okay. There is a motion on the floor. Do I have a second? Janice Anderson: I'll second it. Barry Knight: Ms. Anderson. Is there any discussion? There is a motion on the floor with the adjustment made. We have a first by Al Henley and a second by Jan Anderson. I'll call for the question. Karen Prochilo: May we ask that the motion be with a surface approved by Parks and Recreation, if that is possible? AI Henley: Yes. I concur. Barry Knight: Ms. Anderson? Janice Anderson: That is fine. Barry Knight: Thank you. Call for the question. Item #16 & 17 Mathews Green Associates, L.L.c. Page 12 AYE 9 ANDERSON BERNAS CRABTREE HENLEY KATSIAS KNIGHT LIVAS RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE AYE AYE AYE AYE NAY 2 ABSO ABSENT 0 Ed Weeden: By a vote of 9-2, the Board has approved the application of Mathews Green Associates as stated and as approved by Parks and Recreation. Barry Knight: Thank. you Mr. Weeden. 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W., (Ui~ . ,.:~.. \;~\~:' . lIt t:::.'!:"~II~.~":.~ -.,:.~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $15,000 from the Department of Criminal Justice Services to the Police Department's FY 2007-08 Operating Budget for Equipment to Be Used at Recruiting Events MEETING DATE: August 21,2007 . Background: The Department of Criminal Justice Services has awarded the Virginia Beach Police Department funding through the Byrne Memorial Justice Grant Program. This grant will be active from 7/1/2007 through 6/30/2008. The grant provides $15,000 of federal funding. The Police Department will use these funds to further work funded in part by a grant awarded for 2006-2007. This funding supports the department's efforts to recruit and retain minority police officers and attempt to match the department's workforce with the City's demographics. The funding will be used to purchase a notebook computer, computer monitors, televisions with DVD players, cameras, and a cargo trailer, all of which will be used at recruiting events. . Considerations: The City will provide a $5,000 match from the Police Department's Professional Development and Training Budget. . Public Information: Public information will be provided through the normal Council Agenda process. . Attachments: Ordinance and Award Letter Recommended Action: Approval Submitting Department/Agency: Police Department {;J1: ~ City Manage~ k . ~~ 1 2 3 4 5 A ORDINANCE TO ACCEPT AND APPROPRIATE $15,000 FROM THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES TO THE POLICE DEPARTMENT'S FY 2007-08 OPERATING BUDGET FOR EQUIPMENT TO BE USED AT RECRUITING EVENTS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, the Department of Criminal Justice Services has approved a $15,000 Byrne/JAG Recruiting and Retention of Criminal Justice Professionals grant to the City, and the Police Department has identified the required $5,000 in matching funds from its Professional Development and Training budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $15,000 is hereby accepted from the Department of Criminal Justice Services and appropriated to the Police Department's FY 2007-08 Operating Budget, with federal revenue increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2007. day of Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ -, CA 10472 R-2 August 9, 2007 ,Po' _,..-=,:,:~,,'r:\.~< ) ~ {. ' "\'~.,,_..- ~(, j ...~F : /~. ~') ~, :~~;:. ] ~:t?J~;i~2:~}t COMMONWEALTH of VIRGINIA ;'.~O~~J.f,! G C(JQk:.:' ~)i:e~tol Department ql Criminal Ju.sfice Services t.,. ..,' ,~ 202 N. Ninth Street Richmond. VIrginia 23219 (804) 786-4000 FAX (804) 371-8981 TOO (804) 386-8732 June 25, 2007 i\lr James K. Srore City ManageI' City of Virginia Beach 24 () j Courthouse Drive Virginia Beach, VA 23456 Title: B)TlIc/J lIstice Assistance Grants - Recruiting & Retention of Criminal Justice Professionals Dear \11'. Spore: I cUll pleased to advise you that grant number 08-B5209AD06 for the above-referenced grant program has hecll approv\:d ill the amount of $15.000 in Federal Funds and $5,000 in Matching Funds for a total award of S2U~OOO. .----.".... Enclosed you will find a Statement of Grant A ward and a Statement of Grant A ward Special Conditions. "I'll indicate your ucceptance of the award and conditions, please sign the award acceptance and return it to Janice Waddy. Grants Administrator, at the Department of Criminal Justice Services (DCJS). Please review the COt\dirions carefully; as some require action on your part before we wiil disburse grant funds. Abo, ~nclosed are thc[Qst::\\Vard Instruc.tions and Reporting Requirements, Please refer to and read this ;n!ormal:on car~rujly as it contains details on processing financial and progress reports, as well as requesting awarded funds Rememher all jinmlcia/ and progress reports, budget amendment requests and request for jim!!s 111/(S( be processed through our Grants ],yfanagement Online Information System (Gl~llS). \Vc appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your project's success, If you have any qu~stions, please call Kathi Lee at (804) 786-4303. Yours very tru ly, , ,- I: i (,n I I \ - i ,~ I - I, i "",,, I :, <" Wi v,,-,' {.'-.~ l~~<;. ~ Leonard G Cooke Enclosurt:s cc Wi:iiam '1'. Dean, l.ieutenant Ms. Patricia A. Phillips, Finance Director K:11hi 1.~". DCJS Grlr-'l~;a: ...US~lt:I= Senne..:: SOMO 4 Cr::mn"llttee Or' lr(Jrntng . AdVISOry CommIttee on Juve"iic justIce ACoJl$ory Co'~~'''':Hee :r Cou!'~ Appo!f1!ed Spec1cll\dvOCt!te iJnd Ctudrer's Justice Ac: Progral'ns P~\....atfl SC-Cllrlty S~t.II,Ce-S AdVisory Bo-cHO 4 Cnmma! JvShce IrJonn.Jlion Sys:ems CommIttee CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Elena E. Ilardi to the Position of Assistant City Attorney MEETING DATE: August 21,2007 . Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." . Considerations: The Resolution appoints Elena E. Ilardi as an Assistant City Attorney, effective September 1, 2007. Ms. Ilardi has worked since 2001 as an associate with the law firm of Hunton & Williams in Richmond. She will fill a vacancy in the litigation section, and her primary duties will include representing the City in social services matters. . Recommendations: It is recommended that City Council adopt the attached resolution. . Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: City Attorney ~ 1.-1,1, City Manager: 1 A RESOLUTION APPOINTING ELENA E. ILARDI 1:0 THE 2 POSITION OF ASSISTANT CITY ATTORNEY 3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 That pursuant to 9 2-166 of the City Code, Elena E. Ilardi is hereby appointed to the 7 position of Assistant City Attorney, effective September 1,2007. 8 9 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of 10 ,2007. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: .~~ L-- City Attorney's OffiCe CA-10479 R-1 August 15, 2007 L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL P ARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS o. ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS . V 0 I DATE: August 14,2007 M B L D C E L E D H C R A W PAGE: I S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D I BRIEFINGS: A TELECOMMUNICATIONS FACILITIES Gwen Cowart, LICENSE AGREEMENT for NEXT G Director - Department of Communication and Information Technology B WORKFORCE HOUSING Andrew Friedman, Director - Department of Housing and Neighborhood Preservation and William Macali, Deputy City Attorney C 2008 COMMUNITY LEGISLATIVE AGENDA Robert Matthias, Assistant to the City Manager IV CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y A Y Y Y nv IVI VI VIlE F-I MINUTES . July 17, 2007 APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y G/H MAYOR'S PRESENTATION KING NEPTUNE XXXIVICOURT John Malbon, Chair, Board of Directors Tony Nero, Chair, Festival I PUBLIC COMMENT HEALTH CARE EXEC COMM James K. Spore, RECOMMENDATIONS FOR PLAN YEAR City Manager 2008 24 speakers J/K-I Resolution ACCEPTING Articles of Incorp of ADOPTED BY 10-0 Y Y Y Y Y Y Y A Y Y Y Hampton Roads H2O (Help to Others) as CONSENT 501(cX3) nonprofit corp/APPOINT Thomas M. Leahv, III, as a Director CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: August 14,2007 M B L D C E L E D H C R A W PAGE: 2 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D 2 Ordinance to AUTHORIZE lease with TRGHC APPROVED A 10-0 Y Y Y Y Y Y Y A Y Y Y of City -owned land at 2293 Lynnhaven Parkway. MONTH TO DISTRICT 1- CENTERVll.LE MONTH LEASE, NOT TO EXCEED 6 MONTHS, AND TRGHC SHALL ESTABLISH DIALOGUE WITH THE CITY STAFF RE RELOCATION 3 Ordinance to AUTHORIZE acquisition ofland DENIED BY 10-0 Y Y Y Y Y Y Y A Y Y Y at Great Neck/W olfsnare Roads from GOP A SIX CONSENT re Open Space 4 Ordinance to AUTHORIZE refund of $40,000 ADOPTED BY 10-0 Y Y Y Y Y Y Y A Y Y Y to CBN re payment erroneously made to the City CONSENT re r-o-w vacation 5 Ordinance to APPROPRIATE $1,450,000 from ADOPTED BY 10-0 Y Y Y Y Y Y Y A Y Y Y Risk Mgemt to SPSA for non-recoverable CONSENT improvement costs/AUTHORIZE necessary agreements for closure ofSPSA composting operation at VB landfill L-l JOSEPH and FAYE MA TYIKO expansion of DEFERRED TO 10-0 Y Y Y Y Y Y Y A Y Y Y Nonconforminf! Use at 3257 Shady Pines Lane re 8128/07 BY duplex. DISTRICT 7 - PRINCESS ANNE CONSENT 2 BARNETT K. THOUROGOOD expansion of APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y Nonconforminf! Use at 121 Butts Lane re existing CONDITIONED roof structure/adding two storage units. BY CONSENT DISTRICT 6 - BEACH 3 Variance to ~4.4(b) of Subdivision Ordinance DEFERRED 10-0 Y Y Y Y Y Y Y A Y Y Y that lots meet requirements ofCZO re PYONG INDEFINITELY TV CHO at 1212 North Inlynnview Road to BY CONSENT subdivide into two lots/develop single family dwelIinl!'. DISTRICT 5 - L YNNHA VEN 4 BELIEVER'S HOUSE WORLD WIDE APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y MINISTRIES CUP re church/child care CONDITIONED education center at 544 Newtown Road, Suite BY CONSENT 136. DISTRICT 2 - KEMPSVll.LE 5 CHECKERED FLAG MOTOR CAR APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y COMPANY CUP re motor vehicle CONDITIONED sales/rentals/service at 5193 Virginia Beach BY CONSENT Boulevard. DISTRICT 2 - KEMPSVll.LE 6 HENRY C. SCOTT CUP re skateboard ramp APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y at 2425 Melstone Court. DISTRICT 7 - CONDITIONED PRINCESS ANNE BY CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: August 14,2007 M B L D C E L E D H C R A W PAGE: 3 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D 7 RICHARD F. ROBERTSON C02 from B-2 to APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y R-20 at 5536/5544 Parliament Drive re zoning BY CONSENT consistent with residential use. DISTRICT 2 - KEMPSVILLE 8 JOANNE S. FERRELUEDITH JOHANNA DEFERRED TO 10-0 Y Y Y Y Y Y Y A Y Y Y SMITH C02 from R-SD to Conditional B-2 at 9/1 112007 BY 2131217 Louisa Avenue to enlarge existing B-2 CONSENT fronting on First Colonial Road. DISTRICT 6 - BEACH 9 AGC ACQUISITION, L.L.c. C02 from AG-2 DEFERRED 10-0 Y Y Y Y Y Y Y A Y Y Y to Conditional B-4 at 1291 Nimmo Parkway re INDEFINITELY strip retail center/multi-family dwellings. BY CONSENT 2007). DISTRICT 7 - PRINCESS ANNE 10 SOUTH HAMPTON ROADS HABITAT DEFERRED 10-0 Y Y Y Y Y Y Y A Y Y Y FOR HUMANITY, INC. C02 jjom R-7.5 to INDEFINITELY Conditional A-12 on Zurich Arch south ofI-264 BY CONSENT re condominium. DISTRICT 3 - ROSE HALL 11 PRINCESS ANNE COUNTRY CLUB, INC. MODIFIED AS 10-0 Y Y Y Y Y Y Y A Y Y Y Modifu:ation of Conditions on change in CONDITIONED Nonconfonning Use (approved March 12, 1991) BY CONSENT at 3800 Pacific Avenue to allow outdoor tennis courts be enclosed with air-supported structure on a seasonal basis December 1 through March 31. DISTRICT 6 - BEACH 12 An Ordinance to AMEND Sec 200 of CZO ADOPTED BY 10-0 Y Y Y Y Y Y Y A Y Y Y establishing minimum setbacks for single CONSENT familv/duolex M APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S COMMUNITY MEDICAL ADVISORY COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION N/O/ ADJOURNMENT 8:34 pm P PUBLIC COMMENTS - Non Agenda Items 27 speakers 8:38 - 9:35 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS . V 0 I DATE: August 14,2007 M B L D C E L E D H C R A W PAGE: 4 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D CITYWIDE TOWN MEETINGS September 18 Time and Location to be Announced FY l008-l0IO Budget November 20 Location to be Announced -7:15 pm Stormwater Plans and Funding