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HomeMy WebLinkAboutMAY 19, 2009 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR W[LUAM [) SESSOMS, JR., AI-Large V[( 'h' MA YOR [,OWS R. JONES, Bays/de - Dlstrlcl -I (jU,NN R. DAV[S, Rose Hall - District 3 W/[.UAM R. DeS7FPH, AI-Large H.-1RRY F. D[h'ZH[", Kempsville - D/strlct 2 RUB[iRT M DYh'R.. Centervllle - DlStrlcl [ B..1RBARA M HIoNU:.T, Princess Anne Dlstrlcl 7 JUHN 1:.'. UHR[N, Beach Dlstrlcl6 RI iN A. V[LLANUEVA, AI-Large Ri ISEMARY W[U,ON, AI-Large JAMES L. WOOD, ["ynnhaven -District 5 CITY COUNCIL APPOINTEES (fTY MANAGER - .JAMES K SPORE CITY A 770RNEY - MARK D. Sl1LES ('17Y ASSESSOR - .JERALD BANAGAN CITY AUDITOR - LYNDON S. Rf.'MIAS (fTY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL WORKSHOP AGENDA 19 MAY 2009 I. CITY COUNCIL BRIEFING - Conference Room - II' CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE(757) 385-4303 FAX (757) 385-5669 E-MAIL: ctycncl@vbgov.com 4:00 PM A. LIGHT RAIL ENVIRONMENTAL IMP ACT STATEMENT: Alternatives Analysis Michael Townes, Executive Director - Hampton Roads Transit II. CITY MANAGER'S BRIEFINGS A. TRANSPORTATION FUNDING UPDATE David Hansen, Deputy City Manager B. PLANNING ITEMS - Pending City Council Agenda Jack Whitney, Director - Planning I I III. SPECIAL FORMAL SESSION - City Council Conference Room - 5:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. 1. READING OF THE MAYOR'S CALL FOR FORMAL SESSION B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 1. Acquisition/Disposition of City Property - Princess Anne District D. CERTIFY CLOSED SESSION IV. ADJOURNMENT III I - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 19, 2009 Mayor William D, Sessoms, Jr. called to order the CITY COUNCIL WORKSHOP re the City Council's Briefing, TRANSPORTATION FUNDING UPDATE in the City Council Conference Room, City Hall, on Tuesday, May 19,2009, at 4:00 P.M Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Absent: James L. Wood [Out of the City, assisting in Economic Marketing Venture) May 19, 2009 I, I I - 2 - MA YOR 'S COMMENTS ITEM # 58824 Mayor Sessoms requested a MOMENT OF SILENCE to honor the passing offormer Police Chief Charles R. Wall after a courageous battle with Cancer. Chief Wall retiredfrom the City in August 1999 after eighteen (18) years of dedicated service. Under his leadership, the Virginia Beach Police Department received its first national accreditation in 1987. During his tenure, the Police Department was one of the first City departments to implement a microcomputer local area network, E-911 emergency telephone reporting. He was responsible for establishing Crime Solvers and the Mounted Patrol. Chief Wall was a much loved and honored member of the organization. ITEM # 58825 Mayor Sessoms congratulated Councilman Uhrin upon the birth of his baby daughter. Eva Angeline Uhrin 10:56 P.M. Tuesday, May 12,2009 ITEM # 58826 For City Council's Review, Councilman DeSteph distributed a DRAFT Resolution commending Robert S. Miller, III for his twenty-eight years of Volunteer Service to the Special Olympics. Councilman DeSteph requested this Resolution be scheduledfor the City Council Session of May 26,2009, May 19,2009 III' - 3 - C IT Y MANA G E R 'S B R IE FIN G TRANSPORTATION FUNDING UPDATE ITEM # 58827 4:00 P.M. Mayor Sessoms advised Michael Townes, Executive Director - Hampton Roads Transit, was tied up in traffic. The Briefing re Transportation Funding Update was therefore moved forward. David Hansen, Deputy City Manager, provided information relative Transportation Funding. Road Priorities Project Initiation ~ Mid 80 's and Early 90 's: Princess Anne/Kempsville, Birdneck, Nimmo, Princess Anne, Laskin, Lynnhaven ~ Late 90 's and Early 2000: Witchduck, Holland, ~ Mid 2000 's to current: Lynnhaven, Elbow, Indian River Project Determination as Presented to City Council by Charles Meyer, former Deputy City Manager on April 2007 ~ Technical Rankings: Congestion - 2007 ~ Connectivity Linkages ~ State Funding ~ AfJordability/Cost sharing: $30-MILLION vs. $3-MILLION ~ Commitments: Districts/Businesses/Econ Development/Residential Growth ~ Comprehensive Plan ~ Existing Infrastructure/Sustainability ~ Community Demands Project Determination ~ Strategic Growth Areas (SGAs) ~ Leftover Unfunded Priorities ~ Arterial Linkages ~ Competing Initiatives: Recreation/Energy/ AfJordability ~ Dedicated Funding ~ Commitments: Districts/Businesses/Econ Development/Community Demands ~ Comprehensive Plan ~ Maintenance of existing IY!frastructure/Sustainability ~ Acquisition costs The City Manager advised Charts were distributed Revised FY 2009 to FY 2014 Urban Program Funding with Metropolitan Planning Organization (MPO) and Virginia Department of Transportation Stimulus Funding and Roadway Program Funding (City Funded Projects). Said information is hereby made a part of the record. Technical Ranking of Congested Signalized Intersections 2007 and Technical Ranking of Congested Roadway Segments 2007 were also distributed and made a part of the record. David Hansen, Deputy City Manager, introduced Jason Cosby - Director of Public Works, John Fowler - City Engineer, Heather M Ham - Project Support, Dave Jarman - Project Engineer, and Phil Pullen - Roadways Division Manager May 19,2009 I; I I - 4 - C I T Y MANA G E R 'S B R IE FIN G TRANSPORTATION FUNDING UPDATE ITEM # 58827 (Continued) Mr, Hansen advised the focus would entail the two spreadsheets sheets, entitled "City Council Workshop May 19, 2009 (Pagel-2) Revised FY 09 FY 14 Urban Program Funding with Metropolitan Planning Organization and Virginia Department of Transportation Stimulus Funding. The Birdneck Road Phase II and Lynnhaven Parkway Phase IX current projects are well understood and "work in progress ", Additional funds have been added this year. The future projects are: Princess Anne Road/Kempsville Intersection ($ 72, 689, 000); Witchduck Road Phase I ($27,487,000), Princess Anne/Nimmo Wetlands Mitigation ($2,847,000); Princess Anne Road Phase IV; Nimmo Parkway Phase V-A ($58,830,542); Lynnhaven Parkway Phase XI ($458,830,542); Lynnhaven Parkway, Phase XI ($31,506,190); Witchduck Road Phse II ($29,633,000); Laskin Road Phase I ($76, 011,378); Elbow Road Extended Phase II ($44,332,000); Indian River Road Phase VII ($53,016,000); and, Laskin Road Phase II ($13,506,000). Heather Ham - Project Support, advised re Witchduck Road, Phase II, the funds have been dedicated to the project. There are Federal obligations for a specific phase. Funds have been moved which were not obligated for a specific phase through the Federal process. The funding under "Appropriations to Date" cannot be movedfrom this project. Concerning Laskin Road, Phase I, thefunding has been expendedfor acquisition. There are no funds available Appropriations-to-Date. Relative the Roadway Program Funding - City Funded Projects, This is not a prioritized list as depicted on Page 1, but an alphabetical listing. Said information is hereby made a part of the record. Avalon Avenue is fully funded and expected to move forward with an award before the middle of the Summer. Mr, Hansen expressed appreciation to Councilman Diezelfor personally accompanying staff to the resident houses, as well as the projects of sidewalks, roads and stormwater associated with same. Baker Road Extended is fully funded and construction is expected to be moved to around April 2010. Next week, the Cost Participation Agreement of Buckner Road Extended should be complete, This project will be privately constructed and should be completed in 240 days. Mr. Hansen thanked Councilman Davis for his support, The City Wide Street Lighting Project has not had any funds for the last two (2) years and Mr. Hansen appreciates the City Council applying another $60,000 per year to this so the Staffwill have the ability to respond to public safety requirements. Relative the Computerized Traffic Signal System, he advised the local share is only $1.2-MILLION of the $21,165,833 total project cost. The other funding will be derivedfrom State and Federal sources. This project is underway and currently 30% of the preparation and 15% of pulling fiber has been accomplished. Congestion RelieflSafety Improvement is all Federalfunding. Heather Ham advised the seven (7) projects entailed: Rosemont Road and Lynnhaven Parkway, Kempsville and Indian River Road, General Booth and London Bridge, South Independence - Lynnhaven, South Independence - Thalia., Princess Anne - Salem, Rosemont and Buckner. These are all intersections with turn lanes signalization to reduce congestion. Relative Constitution Drive Extended, Mr, Hansen wished to express appreciation to the City Attorney and stafffor their hard work entailing the regulatory permitting. City Council is on the Virginia Marine Resources Commission (VMRC) agenda for May Twenty-sixth to receive the required exemption. The project will be movingforward and should be under construction on the Constitution Drive extension and the Bridge across Thalia Creek in July. Diamond Springs Road bridge replacement is under construction and should be completed by February 2010. Concerning Highway Safety Improvements, Heather Hamm advised there are six (6) projects: 2 intersections (extension of Lynnhaven - South Independence project and London Bridge and Shipps Corner), signal project at Dam Neck and three (3) sidewalk projects, May 19, 2009 III I - 5 - CITYMANA GER 'S BRIEFING TRANSPORTATION FUNDING UPDATE ITEM # 58827 (Continued) Lesner Bridge has approximately $1 O.I-MILLION and still approximately $36-MIILLION shy ofthefunding for construction. The project re Major Intersection Improvements is really focused on two (2) major intersections: Bonney and Kentucky, scheduled for February 2010. This is a 50/50 cost participation. The second project is the Lynnhaven International intersection, whichfunds will be programmed in FY 2013. Relative Proactive Safety Improvements, Ms. Hamm advised, this is another Federal source. $l,6-MILLION was received last year. There are four (4) projects underway, intersection improvements at Holland and Windsor, Great Neck and Lynnhaven, Kempsville and Buvain, Holland and Rosemont. These intersections are chosen by meeting certain criteria related to accidents or congestion. Relative the Southeastern Parkway and Greenbelt, the City Manager advised he has been working with all the agencies, and would probably be in mediation approximately a month or two with the Highway Administration. Mr. Hassen advised the majority of appropriations have been expended for site acquisition and real estate holdings are now held, which are equivalent to the value. FY 2009-FY 2004 Urban Metropolitan Planning Organization and Virginia Department of Transportation Stimulus funding and Roadway program funding City Funded Projects are hereby made a part of the Record. 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'" o o "0 o o ~ '" ",wo co <n -... 0, ....... l\l~~g;g :""0"00<0 !'\Jooot>> ~OOOI\J ;~ ~i ... w :""mOo ..."'~ oo~ wo-'" 0000 ""0"" w -..., ... ..., eo 00 '" '" o "0 o o ...... ... 00 '" '" '" -.... .. 0> ~ ",0> "'0 00 0.0 00 00 0> o "0 o o "'''' .W~CJ)~CO ~~~~~~a; OOOO-.....l<.nCJ)O't woo>'No-I'\)O 000"",,,",000 -.....IoO't~O-.lO '" ~b:1$~~ -.....I~oao 00000 00000 00000 <It <It ... '" ... '" co c.. .. '" ... o C> "0 C> C> )> ~b~d "''''''' ~"'o ggg 000 III I ... -< C> co o ~ o o c: ::l 6l~ 011)< _. a. ~ ~:E..., "11),, c: '< III ::l"U5 g-a-o a.lQ s::: "UII)II) ...,3'< ..2. " ...... ~ c: _(0 _::l i''> lIla.a ::l a <0(0 ... -< ~ C> ... -< :::: ... -< ~ '" .-, ;:J II) <0 <1> I\) ........ ... -< ~ ... ... -< ;: '" -< co !!: ~ o !: III ~ o III I - 6 - CITY COUNCIL BRIEFING LIGHT RAIL ENVIRONMENTAL IMPACT STATEMENT 4: 58 P.M. ITEM # 58828 Michael S. Townes, Executive Director - Hampton Roads Transportation advised it is his honor to speak re the Virginia Beach Transit Extension Study. Mr. Townes introduced Jayne Whitney, Senior Vice President, Development - HRT, Ray Amoruso, Senior Vice President, Planning and Public Affairs, Karen Waterman- Transit Development Manager, Brian Smith - Government Affairs Coordinator, Delceno Miles - Subcontractor for HDR, which will be conducting the study and owner of the Miles Agency and Reed Lee. PhD, Coordinator - HDR Engineering. Mr. Townes provided an overview: Virginia Beach Transit Extension Study Project Status Primary Project Tasks Project Teams Public Involvement City of Virginia Beach participation Norfolk LRT Project Status Next Steps This presentation is designed to provide information on the Virginia Beach Transit Extension study which will provide thefirst extension of Hampton Roads Transit (HRT's Light Rail Transit (LRT) system along the NOtfolk Southern Rail corridor within the City of Virginia Beach. Another phase of this study will analyze the potential for extending Light Rail Transit to the Naval Pier Station in Norfolk. Jack Whitney, Virginia Beach's Planning Director, highlighted Virginia Beach's participation in this study. Information regarding the status of the Light Rail Transit (LRT) construction in Norfolk was also provided. The conclusion will summarize the next immediate steps in the Virginia Beach Transit Extension Study process. Virginia Beach Transit Extension Study Notice to proceed issued HDR Engineering, Inc. Federal Transit Administration (FTA) New Starts Program Process Competitive federal funding grant program Primary Study Tasks: Alternatives Analysis (AA): Developing and evaluating alternatives for the transit extension Draft Environmental Impact Statement (DEIS) Examines the impacts of alternatives being evaluated in the AA Public Involvement HDR is an integrated planning, engineering, architectural and consultingfirm which will have a project office in Virginia Beach. HDR Engineering specializes in transit planning and project development, including the Federal Transit Administration's New Starts Program. The HDR team has previous LRT experience. working on :-,ystems in Phoenix, Houston and Minneapolis. This study is thefirst step requiredfor the Federal Transit Administration's New Starts Program, which is a competitive federal grant program that can fund construction of the transit extension. May 19, 2009 I1I1 - 7 - CI TY COUNCIL BRIEFING LIGHT RAIL ENVIRONMENTAL IMPACT STATEMENT ITEM # 58828 (Continued) This Virginia Beach Transit Extension Study consists of two main tasks that will be completed concurrently- an Alternatives Analysis and Draft Environmental Impact Statement. Public involvement is an essential component throughout these tasks. The New Starts program and the study's primary tasks will be disussed in greater detail. What is "New Starts"? "New Starts" or "Section 5309" is the Federal program for capital funding of "major, fixed guideway projects" Federal Transit Administration (FTA) competitive grant program for funding Projects are rated (high-low), based on criteria including mobility improvements, cost effectiveness, afinancial plan and transit-supportive land use policies FTA New Starts require some matching funding. Sources and amount to be announced. The local operating agency (HRT) has to demonstrate the financial capacity to build and operate the project, Other federal funds may be used to advance the project Alternatives AnalysislDEIS ~ Virginia Beach Transit Extension Study Preliminary Englneerlng[FEIS ~ I FTA New Starts Project Development Final Design From Alternatives Analysis to FFGA may take up to 4 years HIft'" ,~^ ~'.~" ,~..,# '....0 May 19, 2009 III I - 8 - CITY COUNCILBRIEFING LIGHT RAIL ENVIRONMENTAL IMPACT STATEMENT ITEM # 58828 (Continued) Alternatives Analysis (AA) Routes Station locations What technology is best to meet the transportation purpose and need Cost Capital Operating Ridership Projections Recommendation for Locally Preferred Alternative (LP A) Transportation District Commission of Hampton Roads (TDCHR) adoption - Adopted into Hampton Roads Transportation Planning Organization (formerly MPO) Long-Range Plan Draft Environmental Impact Statement (EIS) Purpose and Need Statement "Scoping" Meetings Physical/Natural Environmental impacts Social and Cultural impacts Economic impacts Public hearings Public Involvement Community Advisory Committee (CAC) Technical Advisorv Committee (TAC) Public meetings Scoping to start DEIS Station Planning workshops LP A Recommendation public meeting Formal Public Hearings at Completion of DEIS Project Website, Newsletters, and Informational Materials Budget and Funding Total Contract for the Virginia Beach Alternative Analysis/Draft Environmental Impact Statement (AA/DEIS) and the Norfolk Naval Station Alternative Analysis - $5. 7-MILLION (total HDR contract) Funding availability: $1.5-MILLION available from Regional STP funds $4. 375-MILLION requested from FY201 0 Federal Appropriations (pending; includes 20% required match) May 19,2009 III I - 9 - CITY COUNCIL BRIEFING LIGHT RAIL ENVIRONMENTAL IMPACT STATEMENT ITEM # 58828 (Continued) Project Schedule 2()()9 20]0 ,ONDJFMAMJJ ..." HOR/HRT Taak Item. \1 " Alternativea Development DEIS Scoping - Stilt ion Arcnlll Planning Operating Plans Capital end Operlllting Coat. Alternative Eva!uatlon/LPA Identification TDCHR Adoption MPO Long Range Plan adoption Public Participation Ii:>' DE IS "Scaping" Public Meetings Station Area Planning Public Mcetinge (5) LPA Recommendation public meetings Community AdviBOry Committee Mootlng6 ..) Technical AdVISOry Committee Moetlngll '"' ~;. Ci o ~~ (.;;;l G "lJ~i--- HRT-HDR Team HR. ","""pfO>n HQad$ Tt'anslf HRr'._ """'''''~..''_'_.'''''_'_'4'''''' ~'"",,*4', ' """". -*d;;! 12 '~'--~~,~~ May 19, 2009 II' - 10- CITY COUNCILBRIEFING LIGHT RAIL ENVIRONMENTAL IMPACT STATEMENT ITEM # 58828 (Continued) Mr, Townes provided biographies of HDR Engineering members: David V ozzolo, Program Director: Mr. V ozzolo is a Vice President in the HDR National Transit Planning and Project Development practice with more than 29 years of experience in the public and private sector. Prior to joining HDR in 2006, Mr. Vozzolo served with the Federal Transit Administration as the Deputy Associate Administrator in the Office of Planning and Environment and was responsible for the New Starts program Reed Lee, PhD, Virginia Beach Alternatives Analysis: Dr. Lee currently serves as Senior Transit Planner for HDR Engineering, Inc. Prior tojoining HDR, he was the Planning Manager for RTD 's FasTracks program, an expansion of RTD 's rail system into seven corridors in the Denver Metro Area. Oscar Gonzalez, Virginia Beach DEIS: Mr. Gonzalez has more than 26 years of experience working with large, complex, multi-modal transportation projects Delceno C. Miles, Public and Stakeholder Involvement: The Miles agency is a Virginia Beach-based marketing and public relations firm led by Ms. Miles, President and CEO. Ms. Miles' areas of expertise are group dynamics, interpersonal relationships, promotions, public relations and special event planning. Mr Townes introduced Jack Whitney, Director of Planning. He advised the City is pleased to be partnering with the Regional stakeholders in this significant project. Mr. Whitney recognized the City Executive Team and the Virginia Beach Technical Advisory Committee, City Executive Team Council Members James L. Wood and John Uhrin, TDCHR members James Spore-City Manager Steve Herbert-Deputy City Manager Jack Whitney-Planning Director Tom Pauls-Comprehensive Planning Director Mark Schnaufer-Transportation Planning Coordinator Barry Frankerifield-Strategic Growth Area Office Warren Harris-Economic Development Mary Hancock-Communications and Information Technology Virginia Beach Technical Advisory Committee Mark Schnauftr- Project Coordinator Department Staff representation Planning Transportation Environmental Public Works Traffic Transportation Public Utilities Economic Development Strategic Growth Area Office Media and Communications May 19,2009 III' - 11 - CITY COUNCILBRIEFING LIGHT RAIL ENVIRONMENTAL IMPACT STATEMENT ITEM # 58828 (Continued) Fully 'half of the Strategic Growth Areas are located in areas related to the Transit Corridor being investigated. Virginia Beach Strategic Growth Areas Michael Townes advised our region's first Light Rail Transit (LRT) system is currently under construction in Norfolk. The Tide: Norfolk Light Rail Light Rail Starter Line 7. 4 miles, 11 stations Up to 12,000 daily riders Both at-grade and elevated - Downtown in-street - Norfolk Southern former freight rail corridor east of downtown Service scheduled to start in 2010 May 19, 2009 II' - 12 - CI TY COUNCIL BRIEFING LIGHT RAIL ENVIRONMENTAL IMPACT STATEMENT ITEM # 58828 (Continued) Norfolk Tide Light Rail Route H~. ~ 17 The Norfolk LRT route will extend from Eastern Virginia Medical School to Newtown Road, to the Virginia Beach City line. This Summer City/HRT Management Kick-off Meeting Public involvement Technical Advisory Committee and City Executive Committee meetings Public and Agency Meetings Key Tasks Initiate AA/DEIS Develop Transit Alternatives Data Collection and Coordination On-going Federal Transportation Authority Coordination Mr Townes advised, in Norfolk, the cost to ride the Light Rail will be $1,50, the same as the bus fare. Mark Schnaufer - Transportation Planning Coordinator, advised the Metropolitan Planning Organization (MPO) is currently working on a Master Transit Plan for the region as well as updating the 2034 Master Transportation Plan (multi-modal). All the communities are involved in this process with Hampton Roads Transit playing the major role. May 19,2009 II I - 13 - PLANNING ITEMS - Pending City Council Agenda ITEM #58829 Jack Whitney, Director - Planning, gave a briefsynopsis of the Planning Items pendingfor the May 26, 2009, June 9, 2009 and June 23, 2009 City Council Sessions: May 26, 2009 AdoDtion of a new Official Zoning MaD Current Official Zoning Map consists of two hundred sixty-three individual maps stored and printed from a Computer-Aided Design (CAD) program. Those maps cannot be added to the City's online mapping system as a layer of information nor can they be used to conduct analyses (such as calculating acreage of various Zoning Districts under various scenarios of development In 2004, the Planning Department began efforts to convert the zoning maps from the CAD software program to a Geospatial software, Benefits of new zoning maps include being able to provide data related to zoining, conduct analyses and add the mapping system that resides in the City's Internet and Intranet sites. No changes in District boundaries or designations. June 9, 2009 City of Virginia Beach, Ordinance to amend Section 4.1, Appendix B Subdivision Regulations, pertaining to the deletion of the minimum right-of-way width and minimum paved width for minor subdivision streets Endeavor Enterprises - Conditional Change of Zoning Princess Anne District The applicant proposes to rezone a portion of properties zoned A G for community-oriented commercial uses and a natural area to be dedicated to the City of Virginia Beach. The development consists of9,315 square feet of day care, 20,000 square feet of retail, 26,000 square feet of office and personal services and 5, 000 square feet of restaurant space. The project is in two phases, with the phases tied to the future widening of Holland Road. Evaluation and Recommendation Planning Staff recommends denial Planning Commission recommends approval (9-1) There was opposition. May 19,2009 III - 14 - PLANNING ITEMS - Pending City Council Agenda ITEM #58829 (Continued) June 9, 2009 Hearts 4 Kids - Conditional Use Permit - Rose Hall District - Princess Anne District The applicant requests a Conditional Use Permitfor home Daycare, Eight (8) children in addition to the applicant's 14- year old son Proposed hours of operation are from 6:00 A.M to 6:000 P.M Monday through Friday, A qualified assistant will be available. As usual in these cases, license from Social Services is contingent on Use Permit approval, Evaluation and Recommendation Planning Staffrecommends approval Planning Commission recommends approval (10-0) There was no opposition Consent Agenda. Eastern Academy of Mixed Martial Arts. Inc. - Conditional Use Permit Lynnhaven District The applicant requests a Conditional Use Permit to allow a martial arts academy A maximum of sixty (60) individuals will occupy the space at any given time Hours of operation are Mondays, Wednesdays and Fridays from 10:00 A.M to 1:00 P.M andfrom 5:00 P.M to 10:00 P.M Evaluation and Recommendation Planning Staffrecommends approval Planning Commission recommends approval (10-0) There was no opposition Consent Agenda. Hybrid Academy of Martial Arts - Conditional Use Permit - Lynnhaven District The applicant requests a Conditional Use Permit to allow a martial arts school within the western 14,005 square feet of the existing retail, Wide variety of martial arts classes, as well as fitness programs. Classes are offered mainly during evening hours; however, there may be some early morning or lunch time classes offered. Generally, the applicant proposes to utilize the space between the hours of6:00 A.M to 11:00 P,M May 19, 2009 II I - 15 - PLANNING ITEMS - Pending City Council Agenda ITEM #58829 (Continued) June 9, 2009 Evaluation and Recommendation Planning StafJrecommends approval Planning Commission recommends approval (10-0) There was no opposition Consent Agenda. Members Trust Credit Union - Modification of Rezoning - Rose Hall District The applicant, a credit union, seeks to modifY the 1998 rezoning of the larger parcel for the purpose of developing a building containing the credit union offices, office space and a small restaurant. The Development Authority, which has control over use of this site, has reviewed the proposal and approved the submitted plans. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) There was no opposition Consent Agenda. Punf!o Airfield, LLC - Modification of Rezoning - Princess Anne District The applicant requests Conditional Use Permits to allow (I) development of the site for a Recreational Facility of an Outdoor Nature (motor vehicle racing and paintball) and (2) a mulching facility. The applicant will be making extensive improvements to the site, including the installation of restrooms, a picnic pavilion, resurfacing of access roadways and the installation of a multi- purpose trail along Princess Anne Road. Evaluation and Recommendation Planning StafJ recommends approval Planning Commission recommends approval (10-0) There was no opposition Consent Agenda. May 19, 2009 II I - 16- PLANNING ITEMS - Pending City Council Agenda ITEM #58829 (Continued) June 9, 2009 Mannv Varela Centres BFS Northeast, LLC - Conditional Use Permit - Beach District The applicant requests a Conditional Use Permit to allow development of the site for a 7.575 square foot automobile repair establishment. The site is currently a surplus paved parking area associated with a building on the larger site. Modifications to the existing parking and drive aisles will accommodate the proposed building. Existing landscaping and trees will be preserved and all additional landscaping will be installed to enhance the aesthetics of the property. Evaluation and Recommendation Planning Staffrecommends approval Planning Commission recommends approval (10-0) There was no opposition Consent Agenda. June 23, 2009 Indoor Kartin!! Centers of America, LLC - Conditional Use Permit - Rose Hall District The applicant requests a Conditional Use Permit - this will be heard by the Planning Commission on June 10, 2009. 5073 Vir!!inia Beach Boulevard, LLC - Street Closure - Rose Hall District The applicant requests closure of a portion of the right-of-way for the purpose of incorporating the closed area into the site to the south. The site to the south of the closure area was approved in 2008 for an auto sales Use Permit. The Viewers reviewed the request and determined there would be no inconvenience to the public through closure of their right-of-way. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) There was no opposition Consent Agenda May 19, 2009 III I - 17- PLANNING ITEMS - Pending City Council Agenda ITEM #58829 (Continued) June 23, 2009 Blessed Hope - Conditional Use Permit - Kempsville District The applicant requests a Conditional Use Permitfor a church within a portion of an existing strip shopping center located on Baker Road. Church services, Sunday School, and Bible Study are all proposed at this location. An occasional community workshop and Friday evening service are also proposed. Community outreach activities include assistance with resume writing and application assistance. Evaluation and Recommendation Planning StafJ recommends approval Planning Commission recommends approval (10-0) There was no opposition Consent Agenda Ordinance Amendments Two amendments consisting of one to the Site Plan Ordinance and one to the Subdivision Ordinance: The amendments are 'housekeeping' items related to the recent Amendment ot the Site Plan Ordinance pertaining to the new Flood Insurance Rate Maps. The amendments will ensure consistency in requirements among the Ordinances. Evaluation and Recommendation Planning StafJrecommends approval Planning Commission recommends approval (10-0) There was no opposition Consent Agenda Missionarv to Help Others Fellowship Centre - Conditional Use Permit - Rose Hall District The applicant requests a Conditional Use Permit to operate a religious facility within an existing shopping center. The church has occupied the space since 1992, being unaware of the requirement jor a Conditional Use Permit There are two (2) adjacent suites within the retail building of approximately 30, 707 square feet. The overall lease for the proposed religious facility is 3,000 square feet. May 19, 2009 II I - 18- PLANNING ITEMS - Pending City Council Agenda ITEM #58829 (Continued) June 23, 2009 Evaluation and Recommendation Planning Staffrecommends approval Planning Commission recommends approval (10-0) There was no opposition Consent Agenda The Hope Lutheran Church - Conditional Use Permit - Kempsville District The applicant desires to modifY a 1994 Conditional Use Permit to allow an addition to the building: 10,400 square foot educational and youth wing Future 5,000 square foot addition to the educational and youth wing Future 40' x 100' concrete picnic area and shelter A 20' x 40' shed An approximately 7,500 squarefootfuture addition to the sanctuary. The new Sanctuary will house 370 to 400 seats. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) There was no opposition, but an adjacent property owner appeared to note the drainage issues in the area. South University - Conditional Use Permit - Lynnhaven District The applicant requests a Conditional Use Permitfor a private college within 31,000 square feet of a 97,000 square foot office building. The proposed private college offers training courses, degree and certificate programs at both the undergraduate and post-graduate levels. Anticipated enrollment in the College is up to 400 students, many of whom will be long distance and online training students. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) There was no opposition Consent Agenda May 19, 2009 II I - 19- PLANNING ITEMS - Pending City Council Agenda ITEM #58829 (Continued) June 23, 2009 Jim Wootton - Conditional Use Permit - Lynnhaven District The applicant requests a Conditional Use Permit to allow construction of extensions and a boatlifl to an existing pier. The pier is shared between two adjacent property owners within this single-family residential condominium development The proposed 5' x 12' pier extension encroaches into the required 15' side yard setback landward of mean low water. Evaluation and Recommendation Planning StafJrecommends approval Planning Commission recommends approval (10-0) There was no opposition Consent Agenda May 19,2009 II I - 20- Mayor William D. Sessoms, Jr. called to order the Virginia Beach City Council's SPECIAL FORMAL SESSION from which to recess into CLOSED SESSION, Tuesday, May 19, 2009, at 5:52 P.M City Council's Conference Room 234, City Hall. Council Members Present: Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D. Sessoms, Jr" John E. Uhrin, Ron A, Villanueva and Rosemary Wilson Council Members Absent: James L. Wood May 19,2009 II I - 21 - IILA. MAYOR'S CALL FOR FORMAL SESSION ITEM #58830 Mayor Sessoms read the Mayor's Callfor Special Formal Session: May 18,200,9 "THE HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach. I hereby callfor a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL from which to recess into CLOSED SESSION for the following purpose: ACQUISITIONIDISPOSITION OF CITY PROPERTY: PRINCESS ANNE DISTRICT The SPECIAL FORMAL and CLOSED SESSION shall be held: Tuesday, May 19,2009 5:00 P.M., following the City Council Workshop City Council's Conference Room 234, City Hall 2401 Courthouse Drive, Virginia Beach, Virginia 23456-9005. Sincerely, 5/ f,}jJkll11 D. Sessoms, ./1: Mayor" May 19,2009 II City elf Virgi~ia Beach May 18, 2009 VBgov.com MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456.9000 (757) 385.4581 FAX (757) 385.5699 wsessoms@vbgov.com WILLIAM D. SESSOMS, JR. MAYOR THE HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby callfor a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL from which to recess into CLOSED SESSION for the following purpose: ACQUISITIONIDISPOSITION OF CITY PROPERTY: PRINCESS ANNE DISTRICT The SPECIAL FORMAL and CLOSED SESSION shall be held: Tuesday, May 19,2009 5:00 P.M., following the City Council Workshop City Council's Conference Room 234, City Hall 2401 Courthouse Drive, Virginia Beach, Virginia 23456-9005. Sincerely, tI/~ William D. Sessoms) Jr. Mayor cc Mayor and Members of City Council James K Spore) City Manager Mark D. StJies) City Attorney Lyndon S Remias) City Auditor Ruth Hodges Fraser, MMG, Ci~v Clerk Susan D, Walston) Depuw CiW Manager Robert SHerbert, Depuzv Cizv Manager Davld L Hansen) Depwv City Manager Catheryn Whitesell, Director of Management Services Mary Hancock, Media and Communications Administrator Kevin Fairley) Director of Multimedia Services II I - 22- ITEM # 58831 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711 (A), Code of Virginia, as amended, for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition o.fCity Property: Princess Anne District Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:53 P.M. Voting: 10-0 Council Members Voting Aye: Glenn R, Davis, William R, "Bill" DeSteph. Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood (Closed Session: 5:53 P.M. - 6:24 P.M.) May 19, 2009 II' - 23 - Item V-D. CERTIFICA TION ITEM # 58832 Upon motion by Council Lady Wilson, seconded by Vice Mayor Jones, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A, Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood May 19,2009 II' RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #58831, Page 22, 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 RESOL VED: 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. ~.4/~ th Hodges Fraser, MMC City Clerk May 19,2009 II' - 24- Item IV ADJOURNMENT ITEM # 58833 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:26 P.M. ~___d.__~~ /.) Beverly 0. Hooks, CMC Chief Deputy City Clerk /2~~~ ~~dges Fraser, MMC City Clerk William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia May 19,2009 ,I I, I I - 24- Item IV ADJOURNMENT ITEM # 58833 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:26 P.M. Q~fL~_:_~ Beverly 0. Hooks, CMC Chief Deputy City Clerk ~;!~ City Clerk tY~ William D, Sessoms, Jr, Mayor City of Virginia Beach Virginia May 19, 2009