JUNE 17, 2008 WORKSHOP MINUTESCITY COUNCIL
ALI YOR :1/E}'LRA 1: OBERNDORF, At -Large
17('L 11.-1 YOR 1. H(l/ R. JONES. Hay-.ctde - Divtrtu 4
147/J.1A,L1 R. DeSTFPH, At -Lenge
HARRY/i. DIL'T.LI. Kempsville - District 2
ROBERT ALL DYER., Centerville - District 1
BARHARA A -L HIiNL1iY, Princess Anne Dtsn'tct 7
RLBA 5. /1 (L4N:1N, Rove Hall - District 3
.IUH;V L_ (iHRIN Hench D,ctrtct 6
l20N 7/ L.41V UL A, At -Lenge
ROSEMARY WILSON, At -Lenge
JAA41S L. WOOL), Lmnhaven -District 5
(17T MANAGER - JAMES K. SPOR.E
CITY ATTORNEY - LESLIE L. LILLEY
CITY CLERK - 12(17H HODGE_S FRASER, /vIMC
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
r
CITY COUNCIL WORKSHOP AGENDA
17 JUNE 2008
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.coni
I. CITY MANGER'S BRIEFINGS
A.
-Conference Room -
BURTON STATION STRATEGIC GROWTH
Steve Herbert, Chief Development Officer
B. CHESAPEAKE BAY PRESERVATION AREA
Program Revisions To Meet State Consistency Requirements
C.
Clay Bernick, Environmental Management Administrator — Planning
B. Kay Wilson, Associate City Attorney
PLANNING ITEMS — Pending City Council Agenda
Jack Whitney, Director —Planning
4:00 PM
1
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 17, 2008
Mayor Meyera E . Oberndorf called to order the BURTON STATION STRATEGIC GROWTH
Briefing in the City Council Conference Room, on Tuesday, June 17, 2008, at 4:00 PM.
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M "Bob" Dyer, Barbara H. Henley,
Louis R. Jones, Reba McClanan, Meyera E. Oberndorf Rosemary Wilson and James L.
Wood
John E. Uhrin [arrived at 4:18 PMJ
Ron A. Villanueva [arrived at 4:15 PMJ
Council Members Absent:
None
June 17, 2008
2
CITY COUNCIL'S BRIEFING
BURTON STATION STRATEGIC GROWTH
4:06 PM
Steve Herbert, Deputy City Manager, said this presentation was given to the Development
Authority this morning and to the Community last night.
Mr. Herbert stated this was a joint effort in the Planning Department and Economic
Development. The team was lead by Jack Whitney, Director of Planning, and Warren Harris,
Director of Economic Development. The Consultants, Landmark Engineering and Urban
Design Associates, have worked with Staff.
Mr. Whitney stated this has been a very exciting and innovating process. He said he has been
with the City for the past fifteen (15) years and has noticed work that has been done at Burton
Station. This process has been characterized by a tremendous amount of collaborative work
between the two departments. This project is also characterized by genuine and engaging
citizen involvement.
Paul Ostergaard, Consultant, said it has been a pleasure working with the Planning and
Economic Development Departments. He felt honored and privileged to have the opportunity
to develop a design in this part of Virginia Beach. Burton Station is a very strategic location,
located next to the airport and has a remarkable future.
Mr. Ostergaard then made the presentation which is attached and made a part of these
proceedings.
June 17, 2008
3
CITY COUNCIL'S BRIEFING
CHESAPEAKE BAY PRESERVATION AREA
4:59 PM
Mr. Spore stated this presentation is for program revisions to comply with the State
Consistency requirements.
Clay Bernick, Environmental Management Administrator of the Planning Department, gave
the presentation which is attached and made part of these proceedings.
June 17, 2008
•
CBPA Phase 1
Compliance Strategy
Department of Planning
Environmental Management Center
Clay Bernick
June 17, 2008
0/17/08
•
Background
o June 2007 — CBLAB finds City noncompliant in Phase 1
CBPA implementation; must comply with 9
recommendations by July 1, 2008
o June 2007 to Present — City staff have been working with
DCBLA staff to develop strategy that will assure full
Phase 1 compliance with State law and regulations
o June 11, 2008 — Planning Commission Public Hearing on
recommendations; approved recommendations with
exception of swimming pool revisions which would
remove exemption from calculation as impervious area;
desires to consider further at July 9, 2008 Public Hearing
o June 24, 2008 — City Council vote on package scheduled
2
1
•
Background
o 9 Total Recommendations
Recommendations 1, 2, 3 and 4
involve City Code revisions
Recommendations 5-9 involve
changes to City procedures and
policies
3
6/17/08
Alternatives
o Approve the entire package on June 24 as
recommended by Staff to meet July 1, 2008
deadline of the Commonwealth and to
achieve full Phase 1 compliance
o Disapprove or defer action on all or portions
of the entire package, failing to meet the
July 1, 2008 deadline of the Commonwealth
and to be found noncompliant with Phase 1
4
7
RECOMMENDATION 1
o For consistency with Section 9
VAC 10-20-120-3 of the Regulations
and Section 106.A (17) of the City's
Chesapeake Bay Preservation
Ordinance, the City must require
and ensure compliance with
maintenance agreements for all
structural stormwater BMPs.
5
617/08
•
Response
o Best management practice, structural. A
best management practice that requires the
design and certification of a licensed design
professional.
o Where structural the best management
practices are utilized require regular or
periodic maintenance in order to continue
their functions, such maintenance shall be
ensured by the City through a maintenance
agreement with the owner or developer or
the owner shall certify yearly that
maintenance has been accomplished.
6
6/1798
3
•
RECOMMENDATION 2
o For consistency with Section 9 VAC 10-
20-150 C 1 of the Regulations, the City
must amend Appendix D, Section 5 (c)
(Stormwater Management) to include the
six required findings that must be
considered when reviewing or approving
waivers to the stormwater management
requirements under Section 9 VAC 10-
20-120 8 of the Regulations.
7
6/17108
•
Response
o Variances. The applicant may submit a written request for a variance from any requirement of this
ordinance. The director may grant a variance in accordance with the following criteria:
o (1) The variance requested is the minimum necessary to afford relief. Economic
hardship is not sufficient reason to grant a variance from the requirements of this ordinance; and
o (2) The granting of the variance will not:
o
(1) Increase the flow rate of stormwater runoff;
o (ii) Have an adverse impact on a wetland, channel, water body or,
o upstream and/or downstream of a receiving body of water;
o 88) Contribute to the degradation of water quality;
o (iv) Be of substantial detriment to adjacent property or adversely
affect
o the character of adjoining neighborhoods; or
o (v) Otherwise impair attainment of the objectives of this ordinance.
o Variances in the Chesapeake Bay Preservation areas shall also meet the following additional
criteria:
o (1) The granting of the variance will not confer upon the applicant any special privileges that are
denied to other property owners who are subject to the provisions of the Chesapeake Bav Preservation
Area Ordinance and who are similarly situated -
o (2) The granting of the variance is in harmony with the purpose and intent of the Chesapeake Bav
Preservation Area Ordinance and is not of substantial detriment to water quality: and
o (3) The request for a variance is not based upon conditions or circumstances that are self-created
or self-imposed.
8
4
RECOMMENDATION 3
o For consistency with Section 9 VAC 10-20-120 8,
the City must ensure that the Stormwater runoff
criteria of the City's CBP ordinance are consistent
with the requirements of the Virginia Stormwater
Management Law and Handbook. To accomplish
this, the City should revise its CBP to correct its
pre -development phosphorus load, require a
Stormwater plan be submitted that provides the
documentation of compliance with the Stormwater
quality requirements, appropriate engineering
calculations and that details the appropriate
Stormwater quality mitigation.
9
6!17/03
Response
For any development or redevelopment,
stormwater runoff shall be controlled by the
use of best management practices that
achieve the following results:
o For development, the postdevelopment
nonpoint source pollution runoff load shall
not exceed the predevelopment load based
on average total phosphorus loading
(FVA) of 2.72 pounds per acre per year
and an equivalent impervious cover (IVA)
of twenty five (25) percent
10
6/17,0¢
5
• RECOMMENDATION 4
o For consistency with Section 9
VAC 10-20-120 8, the City must
ensure that all impervious surfaces
are calculated for development and
redevelopment projects, to include
the surface area of pools.
11
6117108
Response
o Calculations involving the percentage
of site area under impervious cover
shall be based upon the lot area
landward of mean low water and
wetlands. Impervious cover shall not
include the water surface area of a
swimming pool.
12
6,17.08
6
•
RECOMMENDATION 5
o For consistency with Section 9
VAC 10-20-130 5 (4) of the
Regulations, the City must require
revegetation of the buffer area as
part of permitted tidal wetland
activities.
13
6'17i08
Response
o All erosion control projects will be
required to provide the following
CBPA requirement:
Replacement of all trees removed
Revegetation of 5x the project length
anywhere within the 100 -foot RPA
buffer area
Not infringe on the integrity of the
project
14
6'17.08
7
• RECOMMENDATION 6
o For consistency with Section 9 VAC 10-
20-105 of the Regulations and Section
105 of the City's Chesapeake Bay
Preservation Area Ordinance, the City
must require site-specific analysis of
onsite water bodies to determine
whether such water bodies are perennial
and adjust the Resource Protection Area
boundaries as necessary.
15
6%17108
Response
o All new stream delineations and
corrections shall be done in
compliance with the Guidance
provided by CBLAB
16
8/17,08
8
•
RECOMMENDATION 7
o For consistency with Section 9
VAC 10-20-150 C of the
Regulations, and Section 110 (C) of
the City's ordinance, the City must
work with their Bay Board to
provide both training and staff
analysis that addresses the
required findings for approving
RPA exception requests
17
6/17/08
•
Response
o Quarterly training
o Staff recommendations in the staff
reports as to the 6 requirements
18
6,17-08
9
• RECOMMENDATION 8
o The City's Bay Board must cease
approving multiple variance
requests on individual properties,
unless the requests clearly meet all
required findings as outlined under
9 VAC 10-20-150 C 1 of the
Regulations.
19
6117108
•
Response
o Training
o CBPAB condition—"It is the opinion of
the Board that the approval granted is
the maximum impervious cover the
site can support."
20
8, 08
10
• Recommendation 9
o To fully comply with Section 9 VAC
10-20-150 C 1 c of the Regulations
in order to ensure that water quality
is not degraded by approved
variance requests, the City should
establish a system of formal
oversight for required mitigation
for all approved variance requests.
21
6/17108
Response
o The planning process and the new
SW agreements will provide the
minimum oversight needed.
22
6'17,08
11
Questions ?
23
6(17/00
12
4
CITY COUNCIL'S BRIEFING
PLANNING ITEMS PENDING
6:00 PM
Jack Whitney, Director of Planning, detailed the Planning Items to be heard by the City Council
on July 1, 2008 and July 8, 2008. Detailed items are hereby made a part of these proceedings.
July 1, 2008
Sandra K Sawyer
Terry Spitzer
New Cingular/AT&T
Aashni Properties
Chris Wynne
City of Virginia Beach — Ordinance Amendments (General Assembly Action)
July 8, 2012
Jack Ferrebee, et al
Loretta Lane LLC
Westminster -Canterbury of Hampton roads, Inc.
School Board of the City of Virginia Beach
Hunt Club Farms
City of Virginia Beach — Communication Tower Ordinance Amendment
Weldenfield
Nimmo Childcare
June 17, 2008
July 1 Items
• Sandra Sawyer (Use Permit)
• Terry Spitzer (Use Permit)
• New Cingular / AT&T (Use Permit)
• Aashni (Use Permit)
• Chris Wynne (Use Permit)
• Ordinance Amendments (General
Assembly Actions)
Relevant Information
• The applicant requests a Conditional Use
Permit to allow a home daycare for up to
12 children.
• The site, zoned R-7.5 Residential, is
approximately 11,000 square feet in size.
There is an existing 2,100 square foot,
single-family dwelling on the site, with a
Targe, fenced rear yard.
• The proposed hours of operation are 6:30
a.m. to 5:30 p.m., Monday through Friday.
A qualified assistant will be on site.
Evaluation and
Recommendation
• Planning Staff recommended approval
• Planning Comrnission recommends
approval (9-0-1). Consent Agenda.
• No opposition.
Terry Spitzer
QP - Nun Cbnuncrual marine and vier
Lynnhaven District
Relevant Information
• The applicant requests a Conditional Use
Permit to allow for the construction of a
noncommercial marina and pier (boat
dock) to replace an existing facility in the
same location.
• The Zoning Administrator determined that
the applicant must obtain a Conditional
Use Permit for a noncommercial marina. If
the pier was located on the same parcel as
the dwelling, a Use Permit would not be
necessary.
Evaluation and
Recommendation
• Planning Staff recommended approval
• Planning Commission recommends
approval (10-0). Consent Agenda.
• No opposition.
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Centerville District
Evaluation and
Recommendation
• Planning Staff recommended approval
• Planning Commission recommends
approval (10-0). Consent Agenda.
• No opposition.
Relevant Information
• The applicant requests a Conditional
Use Permit to allow the installation of
a communications tower on this site.
• The applicant proposes to lease
approximately 40' x 80' of area for a
wireless communications facility.
The communications facility will
have a 150 -foot tall monopole (with a
four -foot tall lightning rod) and an
equipment shelter at the ground
level.
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New Lingular / AT&T_,
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Kempsville District
Evaluation and
Recommendation
• Planning Staff recommended approval
• Planning Commission recommends
approval (10-0). Consent Agenda.
• No opposition.
Relevant Information
• The applicant requests a Conditional Use
Permit to allow construction of a one (1)
bay automated car wash station on a site
that has existing retail and gas sales.
• The car wash will be located to the north
side of the existing structure.
• The car wash will be designed utilizing
similar materials as on the existing
building.
• Improvements to the site are also being
made.
AaaiiAElau&
Princess Anne District
Evaluation and
Recommendation
• Planning Staff recommended approval
• Planning Commission recommends
approval (10-0). Consent Agenda.
• No opposition.
Relevant Information
• The applicant requests a Conditional Use
Permit to operate a riding academy and
horse boarding facility.
• The site has an existing house, barn, and
storage building with a riding ring and
pasture areas. The applicant proposes to
reuse the existing foundation and
framework of the barn and storage
building if feasible when remodeling.
• The applicant is also proposing to build a
barn with office and caretaker's
apartment.
Breckenridge Manor
Mount O. owl ram. 1.01I
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Chris Wynne
1(1
City of Virginia Beach
An Ordinance to Amend Section 111
of the City Zoning Ordinance,
Pertaining to the Definition of
"Family".
City of Virginia Beach
An Ordinance to Amend Section 103
of the City Zoning Ordinance
Pertaining to the Issuance of
Inspection Warrants.
City of Virginia Beach
An Ordinance to Amend Section 103
of the City Zoning Ordinance,
Pertaining to Civil Penalties.
July 8 Items
• Jack Ferrebee, et. al. (Street Closure)
• Loretta Lane LLC (Use Permit)
• Westminster -Canterbury (Use Permit)
• School Board (Rezoning and Use Permit)
• Hunt Club (Use Permit)
• Communication Tower Ordinance
• Weldenfield (Deferred from May 13)
• Nimmo Childcare (Reconsideration)
City of Virginia Beach
An Ordinance to Amend Section 1601
of the City Zoning Ordinance,
Pertaining to the Definition of
"Coastal Primary Sand Dune".
1 ?.
Relevant Information
• The applicant requests to close a portion
of a 15 -foot wide alley behind single-family
dwellings located in the 200 block of both
56th and 55th Streets between Holly Road
to the west and Myrtle Avenue to the east.
• The applicant has worked for several
years to put together the various pieces
behind these lots in an attempt to close
the entire alley.
• The Viewers have determined closure and
abandonment of a portion of the alley will
not result in a public inconvenience;
therefore, they recommend closure of the
right-of-way.
Evaluation and
Recommendation
• Planning Staff recommended approval
• Planning Commission recommends
approval (10-0). Consent Agenda.
• No opposition.
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Relevant Information
• The applicant requests a Conditional Use
Permit to allow a bulk storage yard for
landscape materials including mulch,
stone, soil, and plant materials.
• Thirty-eight (38) new trees and 40 new
shrubs are proposed along Loretta Lane
and the western property line, all native
species, as a component of a buffer
restoration plan in the Chesapeake Bay
Resource Protection Area (RPA).
• The applicant has been working with the
Chesapeake Bay Board staff to develop a
plan for restoration of the RPA.
Evaluation and
Recommendation
• Planning Staff recommended approval
• Planning Commission recommends
approval (10-0). Consent Agenda.
• No opposition.
Relevant Information
• The applicant proposes to modify the conditions
of an existing Use Permit to allow the addition of
a 2 to 3 -level parking structure on the
southeastern corner of the site.
• The proposed architectural design of the
proposed structure is in keeping with the existing
retirement facility and parking structure and will
utilize the same building materials that are
currently used on the buildings located on the
site.
• The applicant volunteers to make a donation to
the City's Tree Restoration — Shore Drive Area
Trust Fund in the amount of $4,000 to partially
offset the loss of live oak (Quercus Virginia) trees
on the property to be developed.
4 v N' Westminster—Cantebu a Ham non Roads Inc.
Lynnhaven District
Evaluation and
Recommendation
• Planning Staff recommended approval
• Planning Commission recommends
approval (10-0). Consent Agenda.
• No opposition.
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CONCEPTUAL SITE PLAN
WESTMINSTER CANTERBURY 4w %Ill
Virginia Pa. Wen. of • u
TROUT.MANISANOERS! NPL LANDSCAPE ARCHITECTS LANDSURVEYORS CIVILENOINEERS
Westminster-Canterbur of Ham . ton Roads Inc.
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Westminster-Canterbu
Relevant Information
• Rezoning to Conditional 1-2 Heavy Industrial.
• The applicant desires to relocate the existing bus
maintenance facility at Oceana Boulevard and
West Lane in the Oceana Village neighborhood to
this site.
• 63,000 square foot maintenance facility, a two-
story 15,000 square foot support office, 248
parking spaces, buffer areas, and a future storage
yard expansion.
• The applicant is seeking Leadership in Energy
and Environmental Design (LEED) certification
from the U.S. Green Building Council for the
building and site.
(onhlllonal Zoning Change - born 9G 3 2 to 1.2
Beach District
Evaluation and
Recommendation
• Planning Staff recommended approval
• Planning Commission recommends
approval (10-0). Consent Agenda.
• No opposition.
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Evaluation and
Recommendation
• Planning Staff recommended approval
• Planning Commission recommends
approval (10-0). Consent Agenda.
• No opposition.
Relevant Information
The applicant requests a Conditional Use Permit
to allow use of the site for a commercial
recreational / entertainment facility of both an
indoor and outdoor nature. The Use Permit will
replace existing Use Permits for a Halloween
event and a seasonal display between
Thanksgiving and New Year's.
• The applicant provided exhibits for both the
Halloween and Winter Wonderland events. Each
plan is a graphic depiction of traffic movement,
parking, signage, pedestrian access, and location
of each event. The applicant has also developed a
policy manual for event staff to properly maintain
and control the operation of events.
0o ing North
:.-.LONDON BRIDGE ROAD
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FUTURE OVERFLOW
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ENTRY
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City of Virginia Beach
Communication Tower Ordinance
Amendment
�1
Princess Anne District
9?
5
Mayor Oberndorf DECLARED the City Council meeting ADJOURNED at 6:35
P.M
,i4f_.<.‘. iz<dJie,,_J
Gloria S. Winkler, MMC
Sr. Deputy City Clerk
uth Hodges Fraser, MMC
City Clerk
June 17, 2008