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APRIL 23, 2013 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large ROBERT M. DYER, Centerville - District / AMELIA ROSS-HAMMOND, Kempsville - District 2 BARBARA M. HENLEY, Princess Anne - District 7 JOHN D.MOSS, At -Large JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - MARK D. S'T'ILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL WORKSHOP 23 APRIL 2013 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. FY 2013-14 RESOURCE MANAGEMENT PLAN (Budget) — Conference Room - 1. QUALITY PHYSICAL ENVIRONMENT a. Public Utilities and Capital Improvement Program (water and sewer utility) 2. CULTURAL and RECREATIONAL OPPORTUNITIES a. Cultural Affairs b. Museums and Capital Improvement Program c. Parks and Recreation and Capital Improvement Program 3. VIRGINIA BEACH CITY PUBLIC SCHOOLS a. Quality Education and Lifelong Learning Public Schools and Capital Improvement Program b. Cultural and Recreational Opportunities (continued) c. Quality Education and Lifelong Learning Libraries d. Family and Youth Opportunities Health Human Resources 1:00 PM - Conference Room - 2:00 PM CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeST LPH, At -Large ROBERT M. DYER, Centerville - District 1 AMELIA ROSS-HAMMOND, Kempsville - District 2 BARBARA M. HENLEY, Princess Anne - District 7 JOHN D.MOSS, At -Large JOHN E. UHRIN, Beach District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 23 APRIL 2013 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Clycncl@vbgov.com I. CITY MANAGER'S BRIEFINGS - Conference Room - A. RESORT AREA PARKING STRATEGY Barry Frankenfield, Strategic Growth Area Manager B. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director — Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION A. B. C. - Conference Room - CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL COUNCIL RECESS TO CLOSED SESSION 4:00 PM 5:30 PM V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. James Pipkin Pastor, St Johns Baptist C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. BID OPENING April 9, 2013 1. CAMP FOR SPECIAL NEEDS CHILDREN and DISABLED VETERANS I. PUBLIC HEARINGS 1. LEASES OF CITY -OWNED PROPERTY a. b. c. d. e. f. g. h. i. SAMIA, Inc. Weatherly Investment Associates Surfside Resort, Inc. G 21st Street, Inc. Oceanside Investment Associates, L.P. Tradewinds, LC & Rockfish Sea Grill LLC Colonial Inn, Inc. Colonial Inn, Inc. Fogg's Seafood Company 812 Atlantic Avenue 3501 Atlantic Avenue 1211 Atlantic Avenue 200 21St Street 2101 Atlantic Avenue 1601 Atlantic Avenue 2809 Atlantic Avenue 2809 Atlantic Avenue 415 Atlantic Avenue 2. ORDINANCES TO ISSUE BONDS OF THE CITY OF VIRGINIA BEACH: a. b. c. General Obligation Bonds Storm Water Water and Sewer 3. FY 2013-14 CAPITAL BUDGET 4. LODGING TAX 5. CIGARETTE TAX J. PUBLIC COMMENT $68,120,000 $12,500,000 $27,000,000 1. UNSOLICITED PROPOSAL re LIGHT RAIL — extension to Rosemont Road K. ORDINANCES 1. Ordinance to GRANT Franchise Agreements re Open Air Cafes in the Resort Area: a. b. c. d. e. f. g. h. i. SAMIA, Inc. Weatherly Investment Associates Surfside Resort, Inc. G 21st Street, Inc. Oceanside Investment Associates, L.P. Tradewinds, LC & Rockfish Sea Grill LLC Colonial Inn, Inc. Colonial Inn, Inc. Fogg's Seafood Company 812 Atlantic Avenue 3501 Atlantic Avenue 1211 Atlantic Avenue 200 21st Street 2101 Atlantic Avenue 1601 Atlantic Avenue 2809 Atlantic Avenue 2809 Atlantic Avenue 415 Atlantic Avenue 2. Ordinance to INCREASE Appropriations and TRANSFER $956,000 re fuel and energy increases to the City Garage Internal Service and the Fuels Internal Service funds a. b. c. d. e. Police Public Works Parks and Recreation Fire Emergency Medical Services 3. Ordinances to TRANSFER: $316,134 $229,214 $ 53,568 $149,320 $207,764 a. $140,000 to Public Works re a new building for Mosquito Control chemical storage b. $256,083 to the General Registrar re the June 2013 Primary Election costs L. PLANNING 1. Applications of DREAMQUEST, LLC/CITY OF VIRGINIA BEACH at 204 and 206 3rd Street, portion of 108 Atlantic Avenue and 206 and 208 Atlantic Avenue DISTRICT 6 - BEACH a. special exception for alternative compliance to the Oceanfront Resort District Form -Based Code re an indoor entertainment venue during the Summer b. conditional use permit for assembly use (theater) RECOMMENDATION APPROVAL 2. Ordinance to AMEND and REORDAIN Sections 1904 and 1905 of the City Zoning Ordinance (CZO) re setback, landscaping, lot coverage requirements and design incentives in the Old Beach Overlay District DISTRICT 5 — LYNNHAVEN DEFERRED MARCH 26, 2013 RECOMMENDATION APPROVAL M. APPOINTMENTS GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE SOCIAL SERVICES BOARD TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* FY 2013-2014 RESOURCE MANAGEMENT SCHEDULE Presented by the City Manager May 7th May 14th Budget Workshop Reconciliation Conference Room Vote on the Budget Council Chamber 2013 CITY HOLIDAYS Memorial Day - Monday, May 27 Independence Days - Thursday, fitly 4 Labor Day - Mondavi, September 2 Veterans Day - Monday, November 11 Thanksgiving Day & Day after Thanksgiving - Thursday, November 28 & Friday, November 29 CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large ROBERT M. DYER, Centerville - District 1 AMELIA ROSS-HAMMOND, Kempsville - District 2 BARBARA M. HENLEY, Princess Anne — District 7 JOHN D.MOSS, At -Large JOHN E. UHRIN, Beach — District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER — JAMES K SPORE CITY ATTORNEY— MARK D. STILES CITY ASSESSOR — JERALD D. BANAGAN CIT YAUDITOR —LYNDONS. REMIAS CITY CLERK — RUTHHODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 23 APRIL 2013 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFINGS - Conference Room - A. RESORT AREA PARKING STRATEGY Barry Frankenfield, Strategic Growth Area Manager B. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director — Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW 4:00 PM IV. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. James Pipkin Pastor, St Johns Baptist 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 April 9, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. BID OPENING 1. CAMP FOR SPECIAL NEEDS CHILDREN and DISABLED VETERANS Public Notice: Bids for Lease of City Property Notice is hereby given pursuant to an ordinance approved by the City Council on March 26, 2013, that bids shall be received for a lease of: 69+/- acres of City property located on the West Side of the 1000 -Block of Prosperity Road (a portion of GPIN 2416-70-8636) Said property shall be for the purpose of developing and operating a camp for children with special needs and disabled veterans. Bids shall be received by the Mayor of the City of Virginia Beach at the regular meeting of the City Council, which will be held in the Council Chamber, City Hall Building, Municipal Center, Virginia Beach, Virginia, on April 23, 2013 at 6:00 p.m., and after the receiving and opening of bids, the Council will either proceed with the consideration of the ordinance awarding the aforesaid lease or will defer the matter to a subsequent meeting. All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. A copy of the proposed ordinance, including the lease to be awarded thereby, is on file and available for inspection during normal business hours in the office of the City Clerk. Ruth Hodges Fraser, MMC City Clerk Beacon April 7 & 14, 2013 23523967 I. PUBLIC HEARINGS 1. LEASES OF CITY -OWNED PROPERTY a. b. c. d. e. f. g. h. i. SAMIA, Inc. Weatherly Investment Associates Surfside Resort, Inc. G 21st Street, Inc. Oceanside Investment Associates, L.P. Tradewinds, LC & Rockfish Sea Grill LLC Colonial Inn, Inc. Colonial Inn, Inc. Fogg's Seafood Company 812 Atlantic Avenue 3501 Atlantic Avenue 1211 Atlantic Avenue 200 21st Street 2101 Atlantic Avenue 1601 Atlantic Avenue 2809 Atlantic Avenue 2809 Atlantic Avenue 415 Atlantic Avenue 2. ORDINANCES TO ISSUE BONDS OF THE CITY OF VIRGINIA BEACH: a. b. c. General Obligation Bonds Storm Water Water and Sewer 3. FY 2013-14 CAPITAL BUDGET 4. LODGING TAX 5. CIGARETTE TAX $68,120,000 $12,500,000 $27,000,000 PUBLIC NOTICE LEASES OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on April 23, 2013 in the City Council Chamber regarding the proposed cafe franchise leases of city -owned property located at the following locations: 1. 812 Atlantic Avenue, to SAMIA, INC., t/a Manhattan 2. 3501 Atlantic Avenue, to Weatherly Investment Associates, LLC, Va Cabanas 3. 1211 Atlantic Avenue, to Surfside Resort, Inc., t/a Fish Bones 4. 200 21st Street, to G 21•` Street, Inc., t/a Guads at 21' Street 5. 2101 Atlantic Avenue, to Oceanside investment Associates, L.P., t/a Latitudes & Attitudes 6. 1601 Atlantic Avenue, to Tradewlnds, LC & Rockfish Sea Grill LLC, t/a Rockfish I 7. 2809 Atlantic Avenue, to Colonial Inn, Inc., t/a Shoreline (BW) 8. 2809 Atlantic Avenue, to Colonial Inn, Inc., t/a Shoreline (CPC) 9. 415 Atlantic Avenue, to Fogg's Seafood Company, t/a Waterman's Ruth Hodges Fraser, MMC City Clerk Beacon April 7 & 14, 2013 23524717 NOTICE OF PUBLIC HEARING Proposed Authorization of General Obligation Bonds in the Estimated Maximum Amount of $68,120,000 On Thursday, April 18, 2013, at 6:00 p.m. at Virginia Beach Middle School, 600 25th Street, Virginia Beach, Virginia, the Council of the City of Virginia Beach, Virginia, will hold a Public Hearing on the proposed authorization by the City of general obligation bonds in the estimated maximum amount of $68,120,000. The proposed uses of the bond proceeds are to finance various public improvement projects, including schools, roadways, parks and recreation and buildings. Projects that may exceed 10% of the amount authorized include: 1-106 — Kellam High School Replacement; and 2-072 — First Colonial RoadNirginia Beach Boulevard Intersection Improvements. A second Hearing will be held on Tuesday, April 23, 2013, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia. Interested citizens may appear at such time and place to present their views. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303, or by registering with the Clerk immediately prior to the Hearings. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, call TDD — 711. Ruth Hodges Fraser, MMC City Clerk Note: 1. Top heading to be at least 18 -point size. 2. Advertisement to appear in the Beacon on: Sunday, March 31, 2013 and Sunday, April 7, 2013 3. Previous ad size was 2x6 NOTICE OF PUBLIC HEARING Proposed Issuance of Storm Water Utility Revenue Bonds in the Estimated Maximum Amount of $12,500,000 On Thursday, April 18, 2013, at 6:00 p.m. at Virginia Beach Middle School, 600 25th Street, Virginia Beach, Virginia, the Council of the City of Virginia Beach, Virginia, will hold a Public Hearing on the proposed issuance by the City of storm water utility revenue bonds in the estimated maximum amount of $12,500,000. The purpose of the bonds is to finance improvements and expansions to the City's storm water utility system. Projects that may exceed 10% of the amount authorized include: 7-151 — Eastern Shore Drive Drainage; 7-415 — Lake Management II; 7-414 — Storm Water Quality Enhancements 11; and 7-416 — Storm Water Infrastructure Rehabilitation and Improvements II. A second public hearing will be held on Tuesday, April 23, 2013, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia. Interested citizens may appear at such time and place to present their views. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303, or by registering with the Clerk immediately prior to the Hearings. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, call TDD — 711. Ruth Hodges Frasier, MMC City Clerk Note: 1. Heading to be at least 18 -point size. 2. Advertisement to appear in the Beacon on: Sunday, March 31, 2013 and Sunday, April 7, 2013. 3. Previous ad was 2x6. NOTICE OF PUBLIC HEARING Proposed Authorization of Water and Sewer Utility Revenue Bonds in the Estimated Maximum Amount of $27,000,000 On Thursday, April 18, 2013, at 6:00 p.m. at Virginia Beach Middle School, 600 25th Street, Virginia Beach, Virginia, the Council of the City of Virginia Beach, Virginia, will hold a Public Hearing on the proposed authorization by the City of water and sewer utility revenue bonds in the estimated maximum amount of $27,000,000. The purpose of the bonds is to finance improvements and expansions to the City's water and sewer utility system. Projects that may exceed 10% of the amount authorized include: 5-501 — Water Transmission System Upgrade Program; 6-093 — Consent Order Rehabilitation Plan Implementation; 6-070 — Infiltration, Inflow and Rehabilitation V; 6-041 — Pump Station Modifications V; 6-804 — Sanitary Sewer Regulatory Compliance Program; and 6-552 — Sanitary Sewer System Revitalization Program II. A second hearing will be held on Tuesday, April 23, 2013, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia. Interested citizens may appear at such time and place to present their views. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303, or by registering with the Clerk immediately prior to the Hearings. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, call TDD — 711. Ruth Hodges Fraser, MMC City Clerk Note: 1. Top heading to be at least 18 -point size. 2. Advertisement to appear in the Beacon on: Sunday, March 31, 2013, and Sunday, April 7, 2013 3. Previous ad was 2x6 NOTICE OF PUBLIC HEARING Thursday, April 18, 2013 - 6:00 P.M. - Virginia Beach Middle School 600 25th Street, Virginia Beach, Virginia A second Hearing will be held on Tuesday, April 23, 2013, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia. Pursuant to Section 5.07 of the City Charter and Section 2-197 of the City Code, the Council of the City of Virginia Beach, Virginia will hold a Public Hearing at the time and place noted above, on the City Manager's Proposed Operating Budget for the fiscal year beginning July 1, 2013 and ending June 30, 2014 and on the Capital Improvement Program, including the fiscal year 2013-14 Capital Budget. A brief synopsis follows: PROPOSED FISCAL YEAR 2013-14 OPERATING BUDGET Sum m ary of Expenditures QualityEducation and Lifelong Learning Cultural & Recreational Opportunities - Library $ 17,813,616 - Public Education 833,410,361 Quality Organization - Budget and Management Services - City Attorney - City Auditor - City Clerk - City Manager - City Real Estate Assessor - City Treasurer - Commissioner of the Revenue - Communications and Information Technology - Finance - General Registrar - Human Resources - Municipal Council - Non -Departmental - Cultural Affairs - Museums - Parks and Recreation Economic Vitality - Agriculture - Convention & Visitor Bureau - Economic Development - Housing and Neighborhood Preservation - Strategic Growth Area Family & Youth Opportunities - Health - Human Services Quality Physical Environment - Planning - Public Utilities - Public Works Safe Community - Commonwealth's Attorney - Courts and Court Support - Emergency Communications and Citizen Services - Emergency Medical Services - Fire - Police - Sheriff and Corrections $ 2,318,023 11,483, 874 47, 270, 966 5,095,830 44, 691, 262 10,169, 759 25, 346, 069 13,462, 51.0 3,126, 439 108, 381, 905 9,710, 010 99,737, 728 129,115, 689 8,226,165 6,172, 917 10, 525, 863 8,925,938 46, 625, 241 93,209,258 38, 820, 924 Other - Future CIP Commitments - General Fund Debt Service - Pay -As -You -Go Capital Projects - Reserve for Contingencies TOTAL EXPENDITURES Summary of Revenues General Property Taxes Other Local Taxes Permits, Privilege Fees, and Regulatory Licenses Fines and Forfeitures Use of Money and Property $612,777,794 277,652,684 5,075,146 6,505,400 9,083,962 1,520,668 4,027,475 654,945 564,215 2,636,829 3,193,533 5,110,433 4,042,415 23,457,648 5,053,202 1,343,936 4,132,967 533,110 31,719,325 7,350,000 45,673,857 52, 937,174 6,753,648 S1 774.345.727 Miscellaneous Revenue From the Commonwealth From the Federal Government Non -Revenue Receipts Fund Balance/Retained Earnings 15,298,080 442,770,530 119,510,106 2,835,095 27, 076, 909 PROPOSED FISCAL YEAR 2013-14 CAPITAL BUDGET Summary of Project Estimates Project Section Schools Roadways Buildings Parks and Recreation Utilities Coastal Economic and Tourism Development Communications and Information Technology Total Capital Improvement Program Capital Budget FY 2013-14 $ 36,391,000 81, 739,177 18, 362, 816 10,567,821 66,462,480 19, 037, 612 32, 258,472 11,838,931 $276,658,309 Sources of Funding Type of Financing Pay -As -You -Go * General Fund Undesignated Fund Balance Other Fund Balance/Retained Earnings State Federal Bonds/Lease Purchases Other Total Financing - All Sources Capital Budget FY 2013-14 $ 52,937,174 23,350,001 8,073,589 23,013,953 6,516,096 152,468,045 10,299, 451 $276,658,309 * Reflects cash financing, supported by revenues in the Operating Budget, that is transferred to the CIP. e the The Proposed Operating Budget and Proposed Capital Improvement gCopies are Program/Capital available able for examination atl the City Meyera E. Oberndorf Central Library during scheduled hours of operation. Manager's Office, the City Clerk's Office, and the Departmentet documentsd Management ain be viewed onithelCBy'sdweb Municipal Center, between 8:00 a.m. and 5:00 p Y page located at www.vbgov.com. All Hearings are open to the public and all interested citizens will have an opportunity to be heard. To provide an opportunity for imit as all citizens to be heard, speakers are asked to make desinn I mwttenthree commentsminutes mayrdohso byer c ontactingbhetCitylClerk's shall be determined by City Council. Individuals 9 to provide office at 385-4303 or by registering with the City Clerk's office on the assistance at thisdmloor of eeti the you are physically disabled or visually impaired and TDD - 711. Ruth Hodges Fraser, MMC City Clerk Ad to appear in the Sunday, April 7, 2013 Beacon Last year's size was 3x10.5 NOTICE OF PUBLIC HEARING Proposed Ordinance to Continue the Lodging Tax at its Present Rate On Thursday, April 18, 2013, at 6:00 p.m. at Virginia Beach Middle School, 606 25th Street, Virginia Beach, Virginia, the Virginia Beach City Council will hold a public hearing on an ordinance to amend and re - ordain § 35-159 of the Virginia Beach City Code. A second Hearing will be held on Tuesday, April 23, 2013, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia. Section 35-139 provides for the levy of a tax equivalent to eight percent of the total amount paid for lodging plus a flat tax of one dollar for each night of lodging at any lodging place other than a campground. Section 35-139 has a sunset provision applicable to one half of one percent and the flat one dollar portion of the lodging tax. The ordinance to amend and re -ordain § 35-159 will extend the sunset provisions in § 35-139 to continue the levy at its current amounts through 2018. The purpose of continuing the lodging tax at current amounts is to provide dedicated funding to the Beach Events Program within the Tourism Investment Program and the Tourism Advertising Program. Information concerning the documentation and justification for the proposed tax levy extension and the complete ordinance are available for examination by the public at the City Manager's Office, Office of the City Clerk, and Department of Budget and Management Services, City Hall (Building #1) 2401 Courthouse Drive, Virginia Beach, Virginia 23456, tel. (757) 385-8234. This Hearing is open to the public, and all interested citizens will have an opportunity to be heard. 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 TDD — 711. Ruth Hodges Fraser, MMC City Clerk Note: Advertisement to appear in the Beacon on: Sunday, April 7, 2013 PUBLIC NOTICE NOTICE OF CIGARETTE TAX INCREASE On Thursday, April 18, 2013, at 6:00 p.m. at Virginia Beach Middle School, 600 25th Street, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing concerning a proposed ordinance establishing the tax levy on cigarettes for the fiscal year 2014, i n accordance with Section 35-207 of the Code of the City of Virginia Beach. A second Hearing will be held on Tuesday, April 23, 2013, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia. The tax levy on all cigarettes is proposed to increase from 32.50 mills per cigarette sold to 35.00 mills per cigarette sold, effective July 1, 2013. Information concerning the documentation and justification for the proposed tax levy increase and the complete ordinance are available for examination by the public at the Meyera E. Oberndorf Central Library during scheduled hours of operation. This information is also available at the City Manager's Office, the City Clerk's Office and the Department of Budget and Management Services, in the City Hall Building, Municipal Center, between 8:00 a.m. and 5:00 p.m., Monday through Friday. This information can be accessed on the City's web site located at www.vbgov.com. These Hearings are open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385-4303. If you are physically disabe call visually impaired and need assistance at this meeting, pleased 385-4303. Hearing impaired, TDD — 711. Ruth Hodges Fraser, MMC City Clerk Beacon April 7, 2013 J. PUBLIC COMMENT 1. UNSOLICITED PROPOSAL re LIGHT RAIL — extension to Rosemont Road K. ORDINANCES 1. Ordinance to GRANT Franchise Agreements re Open Air Cafes in the Resort Area: a. b. c. d. e. f. g. h. i. SAMIA, Inc. Weatherly Investment Associates Surfside Resort, Inc. G 21st Street, Inc. Oceanside Investment Associates, L.P. Tradewinds, LC & Rockfish Sea Grill LLC Colonial Inn, Inc. Colonial Inn, Inc. Fogg's Seafood Company 812 Atlantic Avenue 3501 Atlantic Avenue 1211 Atlantic Avenue 200 21St Street 2101 Atlantic Avenue 1601 Atlantic Avenue 2809 Atlantic Avenue 2809 Atlantic Avenue 415 Atlantic Avenue 2. Ordinance to INCREASE Appropriations and TRANSFER $956,000 re fuel and energy increases to the City Garage Internal Service and the Fuels Internal Service funds a. Police b. Public Works c. Parks and Recreation d. Fire e. Emergency Medical Services 3. Ordinances to TRANSFER: $316,134 $229,214 $ 53,568 $149,320 $207,764 a. $140,000 to Public Works re a new building for Mosquito Control chemical storage b. $256,083 to the General Registrar re the June 2013 Primary Election costs 104 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Nine Franchise Agreements for Open Air Cafes in the Resort Area MEETING DATE: April 23, 2013 ■ Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Cafe Regulations, which have been amended from time to time, for the operation of open air cafes on public property. The City has developed a franchise agreement for the regulation of open air cafes, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an open air cafe is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. • Considerations: SAMIA, Inc., t/a Manhattan Restaurant Cafe, is seeking a one- year franchise agreement for an Atlantic Avenue Sidewalk Cafe. The following eight (8) entities have successfully operated open air cafes pursuant to either one-year or five-year franchise agreements, and are seeking renewal of their franchise agreements for five year terms: (1) Clearwater Investment Associates, LP, t/a Cabanas Seaside Bar & Grille Cafe, for operation of a Boardwalk Cafe; (2) Surfside Resort, Inc., t/a Fish Bones, for operation of a Boardwalk Cafe; (3) G 21st Street, Inc., t/a Guads at 21st Street, for operation of an Atlantic Avenue Side Street Cafe; (4) Oceanside Investment Associates, L.P., t/a Latitudes & Attitudes, for operation of a Boardwalk Cafe; (5) Rockfish Sea Grill, LLC, t/a Rockfish I, for operation of a Boardwalk Cafe; (6) Colonial Inn, Inc., t/a Shoreline Grill Cafe, for operation of a Boardwalk Cafe; (7) Colonial Inn, Inc., t/a Shoreline Grill Cafe, for operation of a Connector Park Cafe; and (8) Fogg's Seafood Company, t/a Waterman's, for operation of a Boardwalk Cafe. • Public Information: A public notice was published in The Beacon on April 7, 2013 and April 14, 2013. • Attachments: Ordinance, Summary Sheet Recommended Action: Adopt Ordinance Submitting Department/A ency: Strategic Growth Area Office City Manager: Com" �S` 1 AN ORDINANCE GRANTING NINE 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Cafe Regulations, which have been amended 7 from time to time, for the operation of open air cafes on public property; and 8 9 WHEREAS, the regulations originally prohibited sidewalk cafes on Atlantic 10 Avenue between 15th and 24th streets; and 11 12 WHEREAS, Council adopted a resolution on March 23, 2004 establishing a pilot 13 program to allow, on an experimental basis, open air cafes on Atlantic Avenue between 14 20th and 23rd Streets; and 15 16 WHEREAS, based upon the success of the pilot program, Council adopted an 17 ordinance on March 8, 2005 authorizing sidewalk cafes on Atlantic Avenue between 18 15th and 24th Streets; and 19 20 WHEREAS, the City Council has traditionally granted initial franchises for one- 21 year terms; and 22 23 WHEREAS, if an open air cafe is successfully operated during the initial one- 24 year term, the franchisee may return to Council and request a five-year franchise 25 agreement; and 26 27 WHEREAS, SAMIA, Inc., t/a Manhattan Restaurant Cafe, is seeking a one-year 28 franchise agreement for an Atlantic Avenue Sidewalk Cafe; and 29 30 WHEREAS, the following eight entities have successfully operated open air cafes 31 pursuant to either one-year or five-year franchise agreements, and are seeking renewal 32 of their franchise agreements for five year terms: (1) Clearwater Investment Associates, 33 LP, t/a Cabanas Seaside Bar & Grille Cafe, for operation of a Boardwalk Cafe; (2) 34 Surfside Resort, Inc., t/a Fish Bones, for operation of a Boardwalk Cafe; (3) G 21st 35 Street, Inc., t/a Guads at 21st Street, for operation of a Atlantic Avenue Side Street 36 Cafe; (4) Oceanside Investment Associates, L.P., t/a Latitudes & Attitudes, for operation 37 of a Boardwalk Cafe; (5) Rockfish Sea Grill, LLC, t/a Rockfish I, for operation of a 38 Boardwalk Cafe; (6) Colonial Inn, Inc., t/a Shorelines Grill Cafe, for operation of a 39 Boardwalk Cafe; (7) Colonial Inn, Inc., t/a Shoreline Grill Cafe, for operation of a 40 Connector Park Cafe; and (8) Fogg's Seafood Company, t/a Waterman's, for operation 41 of a Boardwalk Cafe; and 42 43 WHEREAS, the Strategic Growth Area Office recommends that the above- 44 named entities be granted open air cafe franchise agreements. 45 46 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 47 VIRGINIA BEACH: 48 ( s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Increase Appropriations to the City Garage Internal Service Fund and the Fuels Internal Service Fund and to Transfer Funds from the General Fund Service for Fuel/Energy Increases MEETING DATE: April 23, 2013 • Background: The City maintains a number of internal service funds which function in a manner similar to a small business. Goods or services are provided to departments, and the internal service fund bills the department for the costs and overhead. Due to market forces, the Garage Internal Service Fund and the Fuels Internal Service Fund require additional appropriation authority for the current fiscal year. This request does not require the identification of new revenues. Rather, the costs of these goods and services will be borne by the using departments from previously appropriated funds including funds placed in a reserve for fuel and energy increases. As the FY2013 budget was developed, the cost of fuel was based on an average of $2.73 per gallon. The current rate is $3.09 per gallon. Fleet Management projects that $956,000 is anticipated to be needed for the remainder of the fiscal year for the Fuels Internal Service Fund. The FY 2012-13 General Fund budget includes dedicated reserve of $1.5 million in anticipation of increased costs for fuel and energy increases. The reserve is available to offset the increased costs to departments that that are impacted by fuel cost overages. Based on current usage, the following departments are anticipated to be impacted: Department Estimated Need Police Department $316,134 Public Works $229,214 Parks and Recreation — Landscape Services $53,568 Fire Department $149,320 Emergency Medical Services $207,764 Total $956,000 An additional $950,000 is projected to be needed to cover the remaining cost of goods sold in the City Garage due to the City taking over responsibility for maintaining the ambulance fleet, increased costs from delaying vehicle replacements, a number of high - dollar repairs on large vehicles, and price increases for parts and materials from our vendors. These costs will be supported by additional charges to departments. The FY 2013-14 proposed budget reflects anticipated costs for both the City Garage and Fuels Internal Service Funds. • Considerations: The City Garage and Fuels Internal Service Funds cannot continue to absorb costs of maintaining the City's fleet. The need for additional resources was identified during the budget process and a multi-year plan to address shortages was initiated in FY 2012-13, similar to the Risk Management plan that was implemented several years ago. • Public Information: Public information will be handled through the normal Council Agenda process. • Alternatives: Without increasing the purchasing authority of the City Garage and Fuels Internal Service Funds, Fleet Management will no longer be able to purchase fuel and parts on behalf of City Departments. Use of vehicles would have to be reduced substantially or eliminated altogether and City services would be impacted. • Recommendations: Appropriate $956,000 to the Fuels Internal Service Fund and $950,000 to the City Garage Internal Service Fund, backed by internal service fund charges to departments in the FY 2012-13 Operating Budget. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works City Manager. - ,c 1 AN ORDINANCE TO INCREASE 2 APPROPRIATIONS TO THE CITY GARAGE 3 INTERNAL SERVICE FUND AND THE FUELS 4 INTERNAL SERVICE FUND AND TO 5 TRANSFER FUNDS FROM THE GENERAL 6 FUND RESERVE FOR FUEL/ENERGY 7 INCREASES 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 1. That $950,000 is hereby appropriated to the City Garage Internal Service 13 Fund to address additional needs for cost -of -goods -sold, supported by internal service 14 fund charges to departments; and 15 16 2. That $956,000 is hereby appropriated to the Fuels Internal Service Fund 17 to address additional needs for cost -of -goods -sold, supported by internal service fund 18 charges to departments; and 19 20 3. That $956,000 is hereby transferred from the General Fund Reserve for 21 Fuel/Energy Increases to various departments as follows: 22 a. Police Department - $316,134 23 b. Public Works - $229,214 24 c. Parks and Recreation - $53,568 25 d. Fire Department - $149,320 26 e. Emergency Medical Services - $207,764 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2013. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services CA12630 R-1 April 10, 2013 City Aft •r ac's Office CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Transfer Funds within the Operating Budget of Public Works to Acquire a Prefabricated Hazardous Material and Containment Building for Chemical Storage MEETING DATE: April 23, 2012 ■ Background: Public Works Mosquito Control handles approximately 150 55 -gallon drums of various mosquito control chemicals annually at its Pungo Yard location on Pleasant Ridge Road. The Virginia Pesticide Control Act and the City's Stormwater Management permit require a structure that meets the following requirements: contains chemical spills; provides forced ventilation; and has a dry chemical fire suppression system. The chemicals are currently stored in an outdated structure, which requires substantial upgrades to meet the requirements. Public Works had estimated $100,000 to meet this need and budgeted accordingly. However, based on bids received in 2012, it will require $240,000 for a prefabricated hazardous material and containment building large enough to store 95 drums. ■ Considerations: The additional $140,000 needed to complete the purchase of the storage building is available within the Public Works Operating Budget; however, the funds are required to be in a capital account for the purchase of this modular building. ■ Public Information: Information will be provided through the normal Council agenda process. ■ Recommendations: Approve the attached transfer ordinance. ■ Attachments: Ordinance, Site Map Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: PSD 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE 2 OPERATING BUDGET OF PUBLIC WORKS TO ACQUIRE 3 A PREFABRICATED HAZARDOUS MATERIAL AND 4 CONTAINMENT BUILDING FOR CHEMICAL STORAGE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $140,000 is hereby transferred within the FY 2012-13 Operating Budget of 10 the Department of Public Works, from other capital outlay and operating accounts to a 11 capital account for a new building, to allow Mosquito Control to acquire a prefabricated 12 hazardous material and containment building for chemical storage. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA12629 R-2 April 12, 2013 Services �� City At ey' Office PREFABRICATED CHEMICAL STORAGE BUILDING SITE Public Works Pungo Yard Mosquito Control Facility 1848 Pleasant Ridge Road Pungo Yard Chemical Bldg.rnxd CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Transferring Funds from the General Fund Reserve for Contingencies to the FY 2012-13 Operating Budget of the General Registrar for the June Primary Election MEETING DATE: April 23, 2013 • Background: Two primary elections have been ordered for June 11, 2013 in the City of Virginia Beach. In accordance with § 24.2-518 of the Virginia Code, the locality shall pay the costs of primary elections. The two primaries ordered include the 90t House of Delegates Democratic Party Primary and the 85th House of Delegates Republican Party Primary. Due to the uncertainty of these primary elections occurring, the cost for these elections is not budgeted. • Considerations: The total cost for the primary elections is estimated to be $271,049. The Office of the General Registrar is capable of absorbing $14,966 within its FY 2012-13 Operating budget. It is requested that the remaining $256,083 be transferred from the General Fund Reserve for Contingencies. If approved, the General Fund Reserve for Contingencies will have a remaining balance of $140,567. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Approve the attached transfer ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: General Registrar City Manager: S -�R Pt 1 AN ORDINANCE TRANSFERRING FUNDS FROM 2 THE GENERAL FUND RESERVE FOR 3 CONTINGENCIES TO THE FY 2012-13 OPERATING 4 BUDGET OF THE GENERAL REGISTRAR FOR THE 5 JUNE PRIMARY ELECTION 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $256,083 is hereby transferred from the General Fund Reserve for 11 Contingencies to the FY 2012-13 Operating Budget of the General Registrar to pay for 12 costs associated with the June 2013 Primary Election. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services CA12631 R-1 April 10, 2013 L. PLANNING 1. Applications of DREAMQUEST, LLC/CITY OF VIRGINIA BEACH at 204 and 206 3rd Street, portion of 108 Atlantic Avenue and 206 and 208 Atlantic Avenue DISTRICT 6 - BEACH a. special exception for alternative compliance to the Oceanfront Resort District Form -Based Code re an indoor entertainment venue during the Summer b. conditional use permit for assembly use (theater) RECOMMENDATION APPROVAL 2. Ordinance to AMEND and REORDAIN Sections 1904 and 1905 of the City Zoning Ordinance (CZO) re setback, landscaping, lot coverage requirements and design incentives in the Old Beach Overlay District DISTRICT 5 — LYNNHAVEN DEFERRED MARCH 26, 2013 RECOMMENDATION APPROVAL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, 2401 Courthouse Drive, Virginia Beach, Virginia, on Tuesday, April 23, 2013, 6:00 PM, at which time a Public Hearing to consider the following applications will be held: BEACH — DISTRICT 6 DREAMQUEST, LLC /CITY OF VIRGINIA BEACH Application: Special Exception for Alternative Compliance to the Oceanfront Resort District Form -Based Code. Purpose of request is to provide an indoor entertainment venue during the summer season that does not conform to the Building Type Properties for a Commercial Building at 204 and 206 3rd Street; 206 and 208 Atlantic Avenue and a portion of 108 Atlantic Avenue (G P I N S 24 2.7 229184; 242 7 320193; 2427320138;2427320057;242732 0006;2427229150; and a portion of 2427310964). DREAMQUEST, LLC/CITY OF VIRGINIA BEACH Application: Conditional Use Permit for Assembly Use (theater). 204 and 206 3rd Street; 206 and 208 Atlantic Avenue and a portion of 108 Atlantic Avenue (GPI N x2427229184; 2427320193; 2427320138; 2427320057; 2427320006; 2427229150 and a portion of 2427310964). All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at hrr:j;//www.vbgov.,:orn/nc. For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303. Beacon April 7 & 14, 2013 23505932 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DREAMQUEST, LLC (Applicant) / CITY OF VIRGINIA BEACH (Owner). a) Special Exception for Alternative Compliance to the Oceanfront Resort District Form -Based Code. b) Conditional Use Permit for Assembly Use (theater). 204 & 206 3rd Street; 206 & 208 Atlantic Avenue; and a portion of 108 Atlantic Avenue (GPINs2427229184; 2427320193; 2427320138; 2427320057; 2427320006; 2427229150; and a portion of 2427310964). BEACH DISTRICT. MEETING DATE: April 23, 2013 • Background: The applicant proposes to operate a Cirque -style acrobatic show called Cirquesa Dreamquest on the subject site during the 2013 summer season. The site is owned by the City; accordingly, on March 26, the City Council authorized the City Manager to execute a five-month lease with the applicant. It is the applicant's intent to return to Virginia Beach each summer season for the foreseeable future upon the City's agreement to lease the site after this year. The subject site is zoned Oceanfront Resort (OR) District and the zoning regulations for the OR are provided by the OR District Form -Based Code (FBC). The FBC is the zoning regulation for land use and development in the ORD, and the FBC prescribes specific building and design forms (i.e., build -to, transparency, height, setbacks, etc.). There are, however, two other sets of provisions under which property may be developed that provide greater flexibility as necessary. The first is the "Optional Forms of Development (OFD)," which is a by -right option administered by the City staff. The second is "Alternative Compliance (AC)," which permits a departure from a prescribed building or design element. Alternative Compliance requires approval by the City Council in the form of a Special Exception. The Alternative Compliance option may be sought when a proposed development would not conform to the uses or forms of development otherwise permitted under the Form - Based Code, even through use of the OFD provision. The subject site is located on two Frontages: Beach (3rd Street) and Shopping 2 (Atlantic Avenue - west). The Beach Frontage allows all of the Building Types allowed by the FBC except Commercial (one-story, non-residential structures). The Shopping 2 Frontage for the west side of Atlantic Avenue also allows all of the Building Types except Commercial and the Detached House Building Type. Each Building Type has specific dimensional requirements and site layout requirements, but the majority of all of the Building Types require the structure to be located adjacent to the street right-of-way within the 'Build -To Zone." Since the structures proposed by the applicant cannot meet the requirements of any of the Building Types allowed by the FBC, the applicant is seeking approval of a Special Exception for Alternative Compliance. Dreamquest, LLC Page 2 of 3 • Considerations: The performances are held in what the applicant refers to as a "traveling theatre," complete with all of the amenities of a traditional theatre, including a quality lobby, concessions facilities, a climate -controlled theatre, and a large backstage area. The facility includes the use of a 12 -meter (39'-5"), 20 -meter (65'8"), and/or a 30 -meter (98'-6") PVC -coated fabric and steel structure that are designed as 'circus tents.' The attached staff report provides details regarding the layout of the site, hours of operation, and related information. Section 7.3.3 of the FBC provides the 'Review Standards' for Alternative Compliance applications, noting that the City Council "shall consider the extent to which the proposed development, taken as a whole," satisfies the standards. The 'Evaluation' section of the attached staff report lists each of the Review Standards, and provides staffs findings pertaining to the degree to which the applicant's proposal meets each Standard. In sum, staff concludes that the proposed use and associated structures satisfy the Standards to the greatest extent possible, being cognizant of the fact that the facility is temporary in nature. Section 7.3.4 of the Form -Based Code provides City Council with the ability to add "reasonable conditions of approval to an application for Alternative Compliance. Such conditions shall be limited to those intended to mitigate any adverse visual, functional, or other impacts of the deviation from the provisions of this Code or to promote compliance with the goals and objectives of the Resort Area Strategic Action Plan and this Code." There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the layout of the site shall be substantially as shown on the site plan entitled "Conceptual Site Layout for Dreamquest Cirquesa," dated March 1, 2013. Said plan has been exhibited to the City Council and is on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code, the tent structures shall be as described in the narrative as well as shown on the photographs submitted with the application. 3. Except for openings required for ingress to and egress from the site or structural elements of the tents, a privacy fence of at least six (6) feet in height shall be installed along the perimeter of the site, set back at least five (5) feet. The five-foot setback shall include a landscape bed planted with low foundation planting and moderate 3' shrubs, or other as determined during site plan review. 4. Lighting shall be directed into the site and shielded in a manner that prevents light overspill into the surrounding area. Dreamquest, LLC Page 3 of 3 5. The applicant shall cause a sidewalk or other pedestrian pathway acceptable to the City of Virginia Beach to be installed adjacent to the subject site along the westem side of Atlantic Avenue between the existing sidewalk on 3rd Street and the existing sidewalk on the westem side of Atlantic Avenue adjacent to the site. 6. This Special Exception for Alternative Compliance and this Conditional Use Permit are valid until October 15, 2013. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgenc : Planning Department •e City Manager: ` COIL BEACH alaep Map Mo ‘ti -Li. Dreamquest, LLC • Zoning; Met Cr IkkowProf*. O n Spam Prwwien or 1,01l4 On,My. CUP - Assembly Alternative Compliance 23 & 24 April 10, 2013 Public Hearing APPLICANT: DREAMQUEST, LLC PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNERS: Stephen White and Kristine Gay REQUEST: 23. Special Exception for Alternative Compliance to the Oceanfront Resort District Form -Based Code 24. Conditional Use Permit for Assembly Use (Theater) ADDRESS / DESCRIPTION: 204 & 206 3rd Street; 206 & 208 Atlantic Avenue; Portion of 108 Atlantic Avenue GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 2427229184;2427320193; BEACH 0.71 acre (30,927.6 65 to 70 dB DNL (Sub -Area 2427320138;2427320057; square feet) 1) 2427320006;2427229150; and a portion of 2427310964 BACKGROUND / DETAILS OF PROPOSAL BACKGROUND The applicant requests a Special Exception for Alternative Compliance to the Oceanfront Resort District (ORD) Form -Based Code (FBC). The purpose of the request is to provide an indoor entertainment venue within s structure that does not conform to the Building Type Properties for a Commercial Building. The indoor entertainment venue is classified by the City Zoning Ordinance (CZO) as an 'Assembly Use,' which requires a Conditional Use Permit in the ORD. Since this is one of the first applications for a Special Exception for Alternative Compliance to the ORD, staff believes a short explanation of this provision of the FBC is appropriate. The FBC is the zoning regulation for land use and development in the ORD, which prescribes specific building and design forms (i.e., build -to, transparency, height, setbacks, etc.). There are, however, two other sets of provisions DREAMQUEST, LLC Agenda Items 23 & 24 Page 1 under which property may be developed that provide greater flexibility as necessary. The first is the "Optional Forms of Development (OFD)," which is a by-right option administered by the City staff. The second is "Alternative Compliance (AC)," which permits a departure from a prescribed building or design element. Alternative Compliance requires approval by the City Council in the form of a Special Exception. As the granting of a Special Exception by the City Council is a legislative act, Alternative Compliance allows for an even higher degree of flexibility than the Optional Forms of Development. The Alternative Compliance option may be sought when a proposed development would not conform to the uses or forms of development otherwise permitted under the Form-Based Code, including under OFD. Section 7.3.3 of the FBC provides the 'Review Standards' for these applications: A. Applications for Alternative Compliance shall be evaluated for consistency with the following standards, and the City Council, in deciding whether to allow Alternative Compliance, shall consider the extent to which the proposed development, taken as a whole: 1. Advances the stated goals and objectives of the Resort Area Strategic Action Plan and this Code, and specifically, the extent to which the proposed development: a. Promotes modes of transportation other than the automobile, including walking and transit; b. Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians; and c. Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. 2. Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code; 3. Is physically and functionally integrated with the built environment in which it is located; and 4. Advances the goals and objectives of the parking strategy for the District. B. The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. DETAILS OF PROPOSAL The applicant proposes to operate a Cirque-style acrobatic show called Cirquesa Dreamquest on the subject site 2013 summer season. The site is owned by the City of Virginia Beach, and the applicant has negotiated a five-month lease for use of the site. It is the applicant's intent to return to Virginia Beach each summer season for the foreseeable future upon the City's agreement to lease the site after this year. The performances are held in what the applicant refers to as a "traveling theatre," complete with all of the amenities of a traditional theatre, including a quality lobby, concessions facilities, a 1,055-seat climate- controlled theatre, and a large backstage area. Although similar in style at each location where the applicant performs, the venue is changed slightly for each locality. The facility includes the use of a 12-meter (39'-5"), 20-meter (65'8"), and/or a 30-meter (98'-6") PVC- coated fabric and steel structure. The structures are used to provide one lobby, one backstage area, and one main auditorium structure. These structures meet or exceed all international codes for structural strength, fire, and wind loads. The main auditorium will provide a seating capacity of approximately 1,055 DREAMQUEST, LLC Agenda Items 23 & 24 Page 2 people in a tiered seating arrangement. The flooring is constructed of pressure treated wood and steel. The staging is steel -structured with a composite decking. The three tents will be constructed on the subject site such that the largest tent (the 'Show Tent') is located in the northeast corner of the site, immediately adjacent to the intersection of 3rd Street and Atlantic Avenue. The mid-size tent, which houses the foyer/lobby and concessions, is located to the southwest of the Show Tent, but the two tents have a connection for access. The smallest tent, which houses the dressing rooms is located to the northwest of the Show Tent, but the two tents have a connection for access. The western side of the site is occupied by two temporary structures, one for the Tent Master and the other for offices. Also located in this area are the restroom facilities, which are housed within a Targe trailer structure specifically designed for the use. The main entrance to the venue is located at Atlantic Avenue, where patrons move through a 'Garden Area' before entering the lobby. For security purposes and screening of the site activities, a solid privacy fence will be installed around the perimeter of the site. The venue will operate during the three months from Memorial Day to Labor Day. There will be a month prior to and after that period for site preparation and setup and then, takedown and site restoration. The proposed schedule for the shows is Monday through Saturday at 7:30 p.m., a Wednesday matinee at 10:00 a.m., and a Thursday Matinee at 2:00 p.m. Each show is 90 to 120 minutes. The schedule may expand if initial attendance at the shows indicates there is demand. IMPACT ON CITY SERVICES TRAFFIC: A specific traffic generation cannot be estimated for this use, as there is not a accepted standard for this type of facility. Due to the location of the facility within the Resort Area and the intended audience (visitors to the city), the traffic impact is expected to be minimal, as the majority of patrons will arrive either as pedestrians or via the Oceanfront transit system. WATER: There is an 8 -inch City water line and meter in the 3`d Street right-of-way, which will be utilized for the proposed facility. SEWER: There is an 8 -inch City sanitary sewer in the 3rd Street right-of-way with existing stubs at the site's property line that will be utilized for connection to the 'restroom trailer.' 4 EVALUATION AND RECOMMENDATION The Oceanfront Resort District (ORD) Form -Based Code (FBC) regulates the use and development of land through a system of Street Frontages and Building Types. The subject site is located on two Frontages: Beach (3rd Street) and Shopping 2 (Atlantic Avenue - west). The Beach Frontage allows all of the Building Types allowed by the FBC except Commercial (one-story, non-residential structures). The Shopping 2 Frontage for the west side of Atlantic Avenue also allows all of the Building Types except Commercial, but also prohibits use of the Detached House Building Type. Each Building Type has specific dimensional requirements and site layout requirements, but the majority of all of the Building DREAMQUEST, LLC Agenda Items 23 & 24 Page 3 Types require the structure to be located adjacent to the street right-of-way within the `Build -To Zone." Since the structures proposed by the applicant cannot meet the requirements of any of the Building Types allowed by the FBC, the tents and other structures are not permitted unless City Council approves this request for a Special Exception for Alternative Compliance. The Zoning Ordinance, and thus the FBC, categorizes the applicant's use as "Assembly," which is permitted with a Conditional Use Permit in the FBC within Mixed -Use, Commercial, and Civic Building Types. As noted above, however, the structures used by the applicant for the show cannot meet the requirements of any of the Building Types. Accordingly, the ability to have an Assembly Use on the site is also being requested. A Conditional Use Permit is still required, and this review includes the applicant's request for that Use Permit. As noted in the `Background' section of this report, Section 7.3.3 of the FBC provides the `Review Standards' for Alternative Compliance applications, noting that the City Council "shall consider the extent to which the proposed development, taken as a whole," satisfies the standards. Each of those standards is listed below, with a staff comment pertaining to the degree to which the applicant's proposal meets each: • Advances the stated goals and objectives of the Resort Area Strategic Action Plan and this Code, and specifically, the extent to which the proposed development: o Promotes modes of transportation other than the automobile, including walking and transit. Staff Comments: Based on the nature of the facility as an entertainment facility marketed at the tourist visiting the Resort Area and the City of Virginia Beach, combined with the close proximity of the site to the hotels of the Resort, staff finds that the majority of the patrons will arrive by either walking to the site or riding the Oceanfront shuttle bus system. Parking for automobiles will be available in the adjacent public parking lot, which at the time of the evening show, surveys have shown to be significantly under-utilized. o Creates a built environment that is in scale with pedestrian -oriented activities and provides visual interest and orientation for pedestrians. Staff Comments: The tent structures will be located on the site for a period of no more than five months. Though temporary in nature, they are in scale with pedestrian -oriented activities and provide a high degree of visual interest and orientation for pedestrians. o Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. Staff Comments: Consistent with the comment above, the tent structures and the proposed use are compatible with the surrounding uses, and offers a new use that enhances the mix in the part of the Resort Area. The use and the festival -like' character created by the tent structures will create a `memorable and successful place' while located on the site. • Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code. Staff Comments: As noted previously in this evaluation, the nature of the use and the structures associated with it cannot meet the regulations of either the Beach or Shopping 2 Frontages. • Is physically and functionally integrated with the built environment in which it is located. Staff Comments: As a temporary use intended to provide entertainment during the summer season, the use and the tent structures are `functionally integrated' with the surrounding built environment; however, the tent structures and site layout are not physically integrated with the surrounding built DREAMQUEST, LLC Agenda Items 23 & 24 Page 4 environment. • Advances the goals and objectives of the parking strategy for the District. Staff Comments: As noted above, staff finds that the majority of the patrons will arrive by either walking to the site or riding the Oceanfront shuttle bus system. Uses that are oriented to pedestrians and transit rather than automobiles and that primarily operate at times when the demand for parking in the surrounding area of the District is low, advance the goals and objectives of the parking strategy. • The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. Staff Comments: Staff finds that the impacts to the surrounding area as a result of the proposed deviation are limited. The most significant potentially adverse impacts pertain to the need to screen (and secure) the activity on the site and to ensure that pedestrians that arriving and departing the site, as well as waiting to enter before the show, are safe from vehicular traffic on Atlantic Avenue and 3rd Street. To address these issues, conditions of approval are recommended below. Based on the staff's conclusion that the proposed use and associated structures satisfy the standards above to the greatest extent possible, and being cognizant of the fact that the facility is temporary in nature, staff recommends approval of this Special Exception for Alternative Compliance to the Form - Based Code, as well as the Use Permit for an Assembly Use. Section 7.3.4 of the Form -Based Code provides City Council with the ability to add "reasonable conditions of approval to an application for Alternative Compliance. Such conditions shall be limited to those intended to mitigate any adverse visual, functional, or other impacts of the deviation from the provisions of this Code or to promote compliance with the goals and objectives of the Resort Area Strategic Action Plan and this Code." Such conditions are recommended below. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the layout of the site shall be substantially as shown on the site plan entitled "Conceptual Site Layout for Dreamquest Cirquesa," dated March 1, 2013. Said plan has been exhibited to the City Council and is on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code, the tent structures shall be as described in the narrative as well as shown on the photographs submitted with the application. 3. Except for openings required for ingress to and egress from the site or structural elements of the tents, a privacy fence of at least six (6) feet in height shall be installed along the perimeter of the site, set back at least five (5) feet. The five-foot setback shall include a landscape bed planted with low foundation planting and moderate 3' shrubs, or other as determined during site plan review. DREAMQUEST,;LLC Agenda Items 23 & 24 Page 5 4. Lighting shall be directed into the site and shielded in a manner that prevents Tight overspill into the surrounding area. 5. The applicant shall cause a sidewalk or other pedestrian pathway acceptable to the City of Virginia Beach to be installed adjacent to the subject site along the western side of Atlantic Avenue between the existing sidewalk on 3rd Street and the existing sidewalk on the western side of Atlantic Avenue adjacent to the site. 6. This Special Exception for Alternative Compliance and this Conditional Use Permit are valid until October 15, 2013. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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. DREAMQUEST, LLC Agenda Items 23 & 24 Page 6 AERIAL OF SITE LOCATION DREAMQUEST, LLC Agenda Items 23 & 24 Page 7 PROPOSED SITE LAYOUT DREAMQUEST, LLC Agenda Items 23 & 24 Page 8 Orm" , PHOTOS OF TENT STRUCTURES DREAMQUEST, LLC Agenda Items 23 & 24 Page 9 PHOTOS OF INTERIOR (LOBBY AND STAGE) DREAMQUEST, LLC Agenda Items 23 & 24 Page 10 011000 036000 800 FLOOR PLAN OF AUDITORIUM DREAMQUEST, LLC Agenda Items 23 & 24 Page 11 PHOTO OF AUDITORIUM DREAMQUEST, LLC Agenda Items 23 & 24 Page 12 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Dreamquest, LLC (officers attached) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) nCheck here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) City Council of the City of Virginia Beach 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or employee of City of Virginia Beach have an interest in the subject land? Yes ✓ No If yes, what is the name of the official or employee and the nature of their interest? City Council of the City of Virginia Beach Conditional Use Permit Application Page 9 of 10 Revised 71312007 DISCLOSURE STATEMENT DREAMQUEST, LLC Agenda Items 23 & 24 Page 13 Stephen J. White From: Stephen J. White Sent: Thursday, March 14, 2013 4:37 PM To: Stephen J. White Subject: Cirquesa Legal Entity From: Barry Shockley Sent: Thursday, March 14, 2013 4:30 PM To: Mike Eason; Sabrina Israel (sabrinamisraelt@hotmail.com); Clint Cc: Stephen 1 White; Aimee K. Sullivan Subject: RE: Cirquesa Dreamquest, LLC is composed of Clint Compton, Ivan Espana, and Noe Espana. It is a partnership of 511 Productions Inc. (my company) and IN -Entertainment, LLC (Ivan and Noe's company). It is an established LLC in the state of Virginia. Barry DISCLOSURE STATEMENT DREAMQUEST, LLC Agenda Items 23 & 24 Page 14 a w w DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. IIMMIIIML CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. App l c 's Sig . ure 01\\0 C,n7►z;yi Print Name Jpv^(S . S?oRE Pro Signatu f different than applicant) ,- Owner's Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT DREAMQUEST, LLC Agenda Items 23 & 24 Page 15 Item #23 & 24 Dreamquest, L.L.C. Special Exception for Alternative Compliance Conditional Use Permit 204 & 206 3rd Street 206 & 208 Atlantic Avenue Portion of 108 Atlantic Avenue District Beach April 10, 2013 CONSENT An Application of Dreamquest, L.L.C. for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form -Based Code on property located at 204 & 206 3rd Street; 206 & 208 Atlantic Avenue; Portion of 108 Atlantic Avenue; and an application of Dreamquest, L.L.C. for Conditional Use Permit for Assembly Use (Theater) on property located at 204 & 206 3rd Street; 206 & 208 Atlantic Avenue; Portion of 108 Atlantic Avenue, Beach District. GPIN: 2427229184; 2427320193; 2427320138; 2427320057; 2427320006; 2427229150; and a portion of 2427310964. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the layout of the site shall be substantially as shown on the site plan entitled "Conceptual Site Layout for Dreamquest Cirquesa," dated March 1, 2013. Said plan has been exhibited to the City Council and is on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code, the tent structures shall be as described in the narrative as well as shown on the photographs submitted with the application. 3. Except for openings required for ingress to and egress from the site or structural elements of the tents, a privacy fence of at least six (6) feet in height shall be installed along the perimeter of the site, set back at least five (5) feet. The five-foot setback shall include a landscape bed planted with low foundation planting and moderate 3' shrubs, or other as determined during site plan review. 4. Lighting shall be directed into the site and shielded in a manner that prevents light overspill into the surrounding area. 5. The applicant shall cause a sidewalk or other pedestrian pathway acceptable to the City of Virginia Beach to be installed adjacent to the subject site along the western side of Atlantic Avenue between the existing sidewalk on 3rd Street and the existing sidewalk on Item #23 & 24 Dreamquest, L.L.C. Page 2 the western side of Atlantic Avenue adjacent to the site. 6. This Special Exception for Alternative Compliance and this Conditional Use Permit are valid until October 15, 2013. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved items 23 & 24 by consent. Cr) N o.1 0 el 0 0 o a 0 0 4 D 2 '^ O. rb ti y Ci y Q CD 11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, An Ordinance to Amend and Reordain Sections 1904 and 1905 of the City Zoning Ordinance Pertaining to Setback, Landscaping, Lot Coverage Requirements and Design Incentives in the Old Beach Overlay District. MEETING DATE: April 23, 2013 • Background: At the request of the Beach District Councilmember, the City Council deferred action on this amendment on March 26 for the purpose of providing time for additional discussion and review of the amendments, particularly during the Old Beach Design Review Committee's (OBDRC) March 28 meeting. Based on those discussions, which included a tour of the neighborhood with the District Councilmember, minor revisions were made to the amendments, which are described below. The OId Beach Design Review Committee was established as a resource for those seeking to develop within the Old Beach (OB) Overlay District. The committee is intended to preserve, enhance and promote the character of the neighborhood in accordance with the Old Beach Design Guidelines and the provisions of the OB Overlay District. Plan submission and review by the committee is voluntary. • Considerations: The OId Beach Design Review Committee conducted a review of development activity in the OId Beach Overlay District since the establishment of the Overlay District and Design Guidelines in 2005. The purpose of the Committee's review was to determine if the ordinance and guidelines are working satisfactorily and meeting intended objectives. The Committee determined that application of the ordinance is, in some cases, having unintended effects that are inconsistent with the objectives of the Old Beach Design Guidelines, particularly in regard to lot coverage for primary and Ancillary dwellings, garage setbacks and landscaping requirements. To eliminate inconsistencies between the Overlay Ordinance and the Design Guidelines and to better reflect the objectives of the Guidelines, the Committee worked with staff to draft revisions to the Overlay Ordinance, which are attached to this report and are summarized below. Lot Coverage Current: The ordinance currently allows the maximum lot coverage of a Principal dwelling to be between 51% and 65% of the total lot coverage and the maximum lot coverage of a Ancillary dwelling to be between 35% and 49% of the total lot coverage total. The ordinance prohibits the sum of the Principal dwelling lot coverage and Ancillary dwelling lot coverage from exceeding 100%. In contradiction to the Overlay Ordinance, the OId City of Virginia Beach Page 2 of 3 Beach Design Guidelines state that the maximum lot coverage of a Principal dwelling cannot exceed 60% of the lot coverage and the maximum lot coverage of an Ancillary dwelling cannot exceed 40%. A finding of the Old Beach Design Review Committee's review of development indicates that while the Overlay Ordinance permits a variation in lot coverage between the Principal and Ancillary dwellings, the majority of development has a lot coverage split near to or at 51% / 49%. The result is what appear to be two single-family dwellings on one lot. Proposed: To ensure that the Principal dwelling on a lot is indeed the larger of the two single- family dwellings on one lot, and thus address the issue described above, the amendment states that the maximum lot coverage of a Principal dwelling cannot exceed 55% of the total lot coverage. Conversely, the minimum lot coverage of an Ancillary dwelling is required to meet a minimum of 45% of the total lot coverage. Garage Setbacks Current: The ordinance currently allows a 20 -foot setback for garages. The result has been homes that do not meet the intent of the Design Guidelines, which recommend front facade design that makes the porch and front door the front focal points instead of the garage door. Proposed: The minimum front and rear yard setbacks for garages are being deleted and replaced by a requirement that the garage wall containing the overhead door must be recessed eight feet from the front wall plane of the dwelling (excluding any porch) that is closest to the front or rear lot line. Landscape Requirements Current: On the 40 -foot wide lots that predominate in Old Beach, meeting the requirement for 1,200 square foot of landscaping has been challenging. Proposed: This amendment provides greater flexibility in landscape design while retaining the landscaping provisions of the Guidelines or the Ordinance. On lots developed with a Principal and an Ancillary home, rain gardens and bioretention areas may be included as part of the required 600 square feet of landscaping per unit. Organization of Ordinance Additionally, the overall organization of the Old Beach Overlay District Ordinance has been revised as part of the proposed amendment. Accordingly, while the first few pages of the attached ordinance amendment consist of significant text being deleted, that same text is added afterwards. The only actual changes are the ones noted above. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-0, recommended approval of these amendments to the City Council. City of Virginia Beach OLD BEACH DESIGN REVIEW COMMITTEE DEPARTMENT OF PLANNING (757) 385-4621 FAX (757) 385-5667 April 10, 2013 Members of City Council VBgov-.com MUNICIPAL CENTER BUILDING 2 2405 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9040 RE: Old Beach Design Review Committee Actions on Old Beach Overlay Zoning Amendment after Planning Commission Hearing Dear Virginia Beach City Council, The Virginia Beach Planning Commission recommended approval of the OId Beach Overlay amendment (moving forward to Council April 23rd) contingent on the Old Beach Design Review Committee reaching out to the neighborhood. Committee members provided the Resort Beach Civic League with the Planning Commission presentation materials and ordinance to distribute to their members. The Committee and staff offered to attend one of the Civic League meetings to articulate the amendments, but the Civic League stated that it wouldn't be necessary. The Civic League distributed the information, staff responded to questions, and the Civic League wrote back that they have no issue with the changes. We also had received opposition from a builder and a Land Use Attorney on the changes to the lot coverage percentages for Principal and Ancillary dwellings. The OId Beach Design Review Committee Chair and a Committee member met with Councilman Uhrin and Planning Commissioner Hodgson, both representatives of this district, to address these efforts and concerns. We agreed it was best to visit the neighborhood and see some examples of new development under the ordinance. After our field visit, the Committee met halfway on dwelling lot coverage percentages between the existing ordinance and what was proposed to Planning Commission. Additionally, a change was made to the garage setback that would allow for better off- street parking, especially along alleys. All changes to the amendment were distributed back out to the Resort Beach Civic League. Sincerely, William D. Almond, FASLA OBDRC Chairman 1 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 1904 2 AND 1905 OF THE CITY ZONING ORDINANCE, PERTAINING TO 3 SETBACK, LANDSCAPING AND LOT COVERAGE 4 REQUIREMENTS AND DESIGN INCENTIVES IN THE OLD 5 BEACH OVERLAY DISTRICT 6 7 City Code Sections Amended: City Zoning Ordinance Sections 8 1904 and 1905 9 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 15 OFVIRGINIA BEACH, VIRGINIA: 16 17 That Sections 1904 and 1905 of the City Zoning Ordinance, pertaining to setback, 18 landscaping and lot coverage requirements and design incentives in the Old Beach Overlay 19 District, are hereby amended and reordained to read as follows: 20 21 ARTICLE 19. OLD BEACH OVERLAY DISTRICT 22 23 Sec. 1904. Dimensional requirements. 24 Dimensional requirements and maximum density for uses and structures located within 25 the Old Beach Overlay District shall be as specified in the underlying zoning district; provided, 26 however, that the following requirements shall apply notwithstanding any contrary provision in 27 the regulations of the underlying zoning district: 28 29 (1) lot in square feet: 5,000 Minimum area {2) --- _ -: : 5,000 ,, -- -- - --- --- _''- - {3) '.''-•-• _ _- - - - 40 {4) '- '!- .... - --- - -- : 20 -'- -- - - -'- - - , _ _ - (5) ! ! ! ! - •- - - - - - :- . - 8 - - - - - e.:e-. - - - - - .. --e - (-54) -- !I- ...---- e - --- - - --• - - - 42 --- - e e -'- - - _ _- located to a driveway, in feet: . structure adjacent 30 31 32 33 {5-2} {6) adjacent to a street: 5 to a street in feet: ••_ - - _ ..- a .. - - - _ - - _-- 20 (7) structures in feet: 20 (8) 8 0-14 (9) adjacent to a street: 5 40 60 {12) feet, and provided further that such area shall be a single, contiguous portion of the required rear yard: 600 {1) Minimum lot area in square feet: 5,000 {2) (3) 5,000 1,1 - -••. _ 40 20 (5) 8 ) - structure located adjacent to a driveway, in feet: 42 when adjacent to a street: 5 2 {6) {7) {8) (9) (9-1-) {11.2) {12) 4434 0-53 4464 to •. tree# in feet• - • ! - - •• • . - • - structures in feet: total lot coverage: Maximum area of impervious cover, as defined in section 103 of the Chesapeake Bay except that in no case shall the combined floor ar a of the principal and ancillary single feet, and provided further that a minimum of '100 square feet of such area shall be a 20 20 6 5 40 51 65 35 49 60 8,7 60 49 30 600 3 article` (17) 34 35 (a) The following tables shall apply to lots with one (1) single-family dwelling 36 and no ancillary dwelling: 37 38 39 40 41 42 43 44 Setback requirements for principal structures (in feet): Setback requirements for attached or detached garages, carports and other accessory structures (in feet): Minimum front yard setback 20 21 Minimum rear yard setback 20 below Minimum side yard setback where a driveway is located within such side yard 12 _(3) Minimum side yard setback adjacent to a street 20 (5) Minimum side yard setback except if adjacent to a street or where a driveway is located 8 within such side yard Setback requirements for attached or detached garages, carports and other accessory structures (in feet): 45 46 Notes: 47 1 The garage wall containing the overhead door shall be recessed at least eight (8) feet from the 48 front wall plane of the dwelling, excluding the porch, if any, closest to the front or rear lot line. 49 4 Minimum front and setback for •ara•es and car.orts N/A1 (7) Minimum rear yard setback for garages and carports, except as provided in subdivision (8) 20 below (8) Minimum rear yard setback for garages and carports if no improved alley adjacent to the 8 rear yard Minimum side yard setback for garages and carports where a driveway is located within121 12 such side yard (10) Minimum side yard setback for garages and carports adjacent to a street 20 8_ (11) Minimum side yard setback for garages and carports, except if adjacent to a street (12) Minimum side and rear yard setback for other accessory structures no larger than one 5 hundred fifty (150) square feet in area and with an eave height no greater than eight (8) feet except when adjacent to a street: (13) Minimum side and rear yard setback for other accessory structures no larger than one 8 hundred fifty (150) square feet in area and with an eave height no greater than eight (8) feet when adjacent to a street 45 46 Notes: 47 1 The garage wall containing the overhead door shall be recessed at least eight (8) feet from the 48 front wall plane of the dwelling, excluding the porch, if any, closest to the front or rear lot line. 49 4 50 Other dimensional requirements (in feet or square feet): 51 (14) Minimum lot area 5,000 (15) Minimum lot area outside of water, marsh or wetlands 5,000 (16) Minimum lot width 40 (17) Maximum lot coverage 40% (18) Maximum area of impervious cover, as defined in section 103 of the Chesapeake Bay 60% Preservation Area Ordinance, expressed as a percentage of the lot size 600 (19) Minimum lot area comprised of landscape plantings and ground cover, provided that such area shall be a single, contiguous portion of the required rear yard 52 53 Stepback requirements. The uppermost story or building level above the first 54 story or building level of any new structure or addition to an existing structure shall be stepped 55 back, such that at least thirty-five per cent (35%) of the total length of the exterior wall of the 56 uppermost story or building level is set back a minimum of three (3) feet from the exterior wall 57 directly below it. The length of wall stepped back may be comprised of multiple sections of 58 varying length that are not contiguous to each other. For the purposes of this section, 59 uppermost story or building level does not include living area completely contained within the 60 roofed area of the structure. 61 62 (b) The following provisions shall apply to lots with one (1) principal single-family 63 dwelling and an ancillary dwelling: 64 65 66 67 68 69 70 71 Setback requirements for principal and ancillary structures (in feet): (1) Minimum front yard setback 20 (2) Minimum rear yard setback 20 (3) Minimum side yard setback except when adjacent to a street or where a driveway is located 8 within such side yard (4) Minimum side yard setback where a driveway is located within such side yard 12 (5) Minimum side yard setback adjacent to a street 20 Setback requirements for attached or detached garages, carports and other accessory structures (in feet): 5 Minimum front yard setback for garages and carports N/A1 (7) Minimum rear yard setback for garages and carports N/A1 (8) Minimum side yard setback for garages and carports except if adjacent to a street or 8 where a drivewa is located within such side yard (9) Minimum side yard setback for garages and carports if adjacent to a street 20 (10) Minimum side yard setback for garages and carports where a driveway is located within 12 such side yard 5 11 Minimum side yard setback for accessory structures no larger than one hundred fifty 5 (150) square feet in area and with an eave height no greater than eiqht (8) feet, except Minimum lot area outside of water, marsh or wetlands when adiacent to a street U Minimum side yard setback for accessory structures no larger than one hundred fifty 8 (150) square feet in area and with an eave height no greater than eiqht (8) feet when adjacent to a street 13 Minimum lot area 5,000 BI Minimum lot area outside of water, marsh or wetlands 5,000 15 Minimum lot width 40 16 Maximum lot coverage 40% 17 Minimum lot coverage of principal single-family dwellinq expressed as a percentaqe of 550/ total lot coverage except that in no case shall the combined lot coveraqe of the principal sinqle-family dwellinqs on a lot exceed 100 percent of the maximum total lot and ancillary coveraqe Maximum lot coveraqe of ancillary single-family dwellinq expressed as a percentaqe of 450/ total lot coverage except that in no case shall the combined lot coverage of the principal ancillary single-family dwellinqs on a lot exceed 100 percent of the maximum total lot and coveraqe Maximum area of impervious cover, as defined in section 103 of the Chesapeake Bay 60% Preservation Area Ordinance expressed as a percentaqe of the lot size 20 Total maximum buildinq floor area expressed as floor area ratio 0.7 Minimum floor area of principal single-family dwelling, expressed as a percentaqe of total 55% floor area except that in no case shall the combined floor area of the principal and ancillary single-familysingie-family dwellings exceed 100% of the maximum total floor area 21 � Maximum floor area of ancillary sinqle-family dwellinq expressed as a percentage of total 450/ floor area except that in no case shall the combined floor area of the principal and ancillary single-family dwellinqs exceed one hundred 100% of the maximum total floor area 22 Minimum interior yard between principal and ancillary dwellinqs 30 Minimum lot area per unit devoted to landscape plantings including rain qardens and 600 bioretention areas and ground cover, in square feet provided that a minimum of 400 s uare feet of such area shall be a sin le contiguous portion of the re uired interior yard 86 Other requirements: 87 88 (1) Orientation of dwellings. Any principal or ancillary single-family dwelling 89 located on a lot with a separate single-family dwelling shall be oriented on 90 the lot in a manner consistent with the Old Beach Design Guidelines, such 91 that the primary facade of the dwelling faces the street or alley, provided 92 that if no alley exists, the primary facade of the dwelling on the rear portion 93 of the lot shall face the required interior yard. 94 95 (2) Stepback requirements. The uppermost story or building level above the 96 first story or building level of any new structure or addition to an existing 97 structure shall be stepped back, such that at least thirty-five per cent 98 (35%) of the total length of the exterior wall of the uppermost story or 99 building level is set back a minimum of three (3) feet from the exterior wall 100 directly below it. The length of wall stepped back may be comprised of 101 multiple sections of varying length that are not contiguous to each other. 102 For the purposes of this section, uppermost story or building level does 103 not include living area completely contained within the roofed area of the 104 structure. 105 106 (3) Conversions: 107 108 (i) In any case where an existing structure converting to either a 109 principal or ancillary single-family dwelling does not meet the 110 required minimum yard setbacks, such setback shall be considered 111 conforming and shall not require a variance, provided that all new 112 portions of the structure shall meet the required minimum yard 113 setbacks. 114 115 (ii) For any lot on which an existing duplex dwelling is converted to a 116 principal or ancillary single-family dwelling and a separate principal 117 or ancillary single-family dwelling is on the same lot, no certificate 118 of occupancy shall be issued unless the director of planning or his 119 designee certifies that the necessary modifications to preclude the 120 use of the structure as a duplex to the building have been made. 121 122 COMMENT 123 124 The amendments restructure the Section 1904 and make certain stylistic and substantive changes to 125 the section. The substantive changes are as follows: 7 126 127 1. Minimum front and rear yard setbacks for garages are deleted and replaced by a 128 requirement that the garage wall containing the overhead door shall be recessed 8' from the 129 front wall plane of the closest to the front or rear lot line. 130 131 2. The lot coverage provisions for lots having both a principal single-family dwelling and an 132 ancillary dwelling are changed so as to require the principal dwelling to occupy a minimum 133 of 55% and the ancillary dwelling a maximum of 45% of the total allowed lot coverage. 134 Thus, on a 5,000 square foot lot, the total maximum lot coverage of the two dwellings would 135 be 2,000 square feet, of which the principal dwelling may be 1,100 square feet in lot area 136 and the ancillary dwelling may be 900 square feet in lot area. 137 138 3. Rain gardens and bioretention areas on lots having both a primary single-family dwelling 139 and an ancillary dwelling may be included in the landscaping requirements applicable to 140 such Tots. 141 142 143 Sec. 1905. Desired design incentives. 144 145 (a) Old Beach Design Guidelines. Old Beach is a place where quality single-family 146 cottage -style homes, open space, and pedestrian -oriented streets promote the neighborhood's 147 residential character. In order to To -achieve compatibility with the Old 148 Beach neighborhood, consistent with the its historic status of Old Beach as an early twentieth 149 century resort community, structures in the Old Beach Overlay District should strive to comply 150 with the applicable criteria provided in the Old Beach Design Guidelines. As an incentive to 151 develop lots within the Old Beach Overlay District in such a compatible and appropriate 152 manner, the regulations set forth in this section shall supersede any contrary regulation of 153 Section 1904, so as to compliance with the criteria of the design guidelines shall result in 154 allowed allow deviations to from the dimensional and other requirements thereof only in cases 155 in which a building, structure or condition of development set forth below meets the applicable 156 criteria set forth in the Old Beach Design Guidelines of this ordinance as specified below. 157 158 159 160 161 162 163 164 165 166 167 168 which with open, unenclosed porches with a minimum depth of five (5) feet and a facade of the structure faces the street or alley, except that if no alley exists, the primary {c)t Porches. Single-family, ancillary single-family, and duplex dwelling structures 8 169 maximum depth of eight (8) feet, as measured from the exterior wall of the main structure to 170 the exterior edge of the porch foundation, may have a front yard setback of thirteen (13) feet, 171 as measured from the exterior wall of the main structure to the lot line. However, in no case 172 shall the setback from the lot line to the exterior wall of the porch foundation be Tess than eight 173 (8) feet. Further, any open, uncovered second-story porch located above the first-story porch 174 shall be setback from the lot line a minimum of at least 10 feet. In the case of a second single- 175 family dwelling located on the rear portion of the lot, this deviation applies to the rear setback 176 requirement such that the porch is oriented to the alley, if an alley exists. 177 178 {d)(c) Exterior porch stairs for single -family, ancillary single -family, and duplex 179 structures. Open, unenclosed porches adjacent to streets or alleys may have exterior stairs 180 that encroach into a front or rear setback to within three (3) feet of the lot line. In no case shall 181 such stairs exceed six (6) feet in width. 182 183 (e)(d) Side yard setback adjacent to a street for single -family, ancillary single -family, 184 and duplex structures. - - - - - - - • ' - - - " ' - ' - - -• - ' • " ' , the The 185 minimum side yard setback adjacent to a street for single -family, ancillary single -family, and 186 duplex structures shall be ten (10) feet. 187 188 (#)(e) Side yard setbacks for projecting wall planes on single -family, ancillary single- 189 family, and duplex structures. = - - - - = ° - " ' - ' • ' - = - -' 190 to A maximum of twenty-five (2-5) pefeent per cent (25%) of the total length of the wall of a 191 structure adjacent to the side lot line may project into the side yard setback. The minimum 192 setback for such wall projection shall be five (5) feet, except that if the wall projection is 193 adjacent to a driveway, the minimum setback shall be eleven (11) feet. If the wall projection is 194 adjacent to a street and there is a driveway between the property line adjacent to the street 195 and the wall projection, the minimum setback shall be eighteen (18) feet. If the wall projection 196 is adjacent to a street and there is no driveway between the property line adjacent to the street 197 and the wall projection, the minimum setback shall be eight (8) feet. 198 199 On Side yard setbacks for garages on lots with single -family, ancillary single -family, 200 and duplex structures. Any rear-loaded, side-loaded, or front-loaded garage recessed a 201 minimum of forty (40) feet from the front or rear lot line and satisfying conforming to all 202 applicable the criteria of the design guidelines may reduce the side yard setback for the garage 203 to five (5) feet. 204 205 (g) Porch eave overhangs for single -family, ancillary single -family, and duplex 206 structures. For structures satisfying the criteria of the design guidelines pertaining to open, 207 unenclosed porches fronting on streets or alleys, any wide eave overhang of such porch, 9 208 which does not exceed three (3) feet in length from the outside of the porch column support to 209 the porch roof fascia shall not count toward be included in the calculation for of lot coverage. 210 211 (+}(h) Interior yard. For Where a single-family dwelling and an ancillary single-family 212 dwelling are on the same lot . ' •- - - - - - ' " - " - - -• - "• ' " , up to thirty-five 213 percent per cent (35%) of the length of the wall facing the required interior yard may encroach 214 into the required interior yard, except that in no case shall there be less than ten (10) feet of 215 separation between the single-family dwelling and the ancillary single-family dwelling. 216 217 (t}, Parking spaces for single-family, ancillary single-family, and duplex structures. 218 . _ . - - - . _ _ _ _ . _ _ _ _ _ - - - The area of a parking space 219 located below any second story overhang not exceeding two (2) feet in width, and the area of a 220 parking space located below a decorative trellis or the overhanging eave of the main structure 221 and not exceeding four (4) feet in width shall qualify toward the required as on-site parking. 222 Furthermore, the area of a parking space located below a decorative trellis or the overhanging 223 cive of the main structure and not exceeding four (4) feet in width shall qualify toward the 224 required on site parking. 225 226 (k)ju Parking area paving. 227 guidelinesparking Parking spaces with consisting of pervious paving material, such as brick 228 runners and open pavers, may be used to satisfy on-site parking requirements. 229 230 (�)(k) Maximum floor area. 231 guidelines, the The total maximum floor area ratio may be increased to 0.8. 232 233 234 235 The amendments restructure Section 1905 and clarify that conformity with the Old Beach 236 Design Guidelines is a requirement for eligibility to develop in accordance with the provisions of the 237 section. The remaining changes are stylistic in nature and do not substantively change the section. 238 239 Adopted by the City Council of the City of Virginia Beach, Virginia on the day 240 of , 2013. COMMENT • 241 242 Appr. e• a . to Content: 243 I, 244 _��%�l%�:�� 245 Planniri. i4. artment 246 Appr vd as to Legal Sufficiency: (..) AtiA All,P City Attorney's Office 10 247 248 CA-12346 249 R-11 250 April 8, 2013 11 Item #18 City of Virginia Beach Amendment to Sections 1904 and 1905 of the City Zoning Ordinance/ Old Beach Overlay District February 13, 2013 REGULAR REQUEST: An Ordinance to amend and reordain Sections 1904 and 1905 of the City Zoning Ordinance pertaining to lot coverage, setbacks, landscaping and design incentives in the OId Beach Overlay District. SUMMARY OF AMENDMENT The Old Beach neighborhood is generally bounded by 271/2 St to the north, Arctic Avenue to the east, 22'/2 Street to the south, and Parks Avenue to the west. In December 2005, the City Council adopted the OId Beach Overlay District Ordinance (Article 19 of the City Zoning Ordinance) as well as the OId Beach Design Guidelines. At the same time, the City Council rezoned the area to place the Old Beach Overlay District over the existing zoning. Section 1900 of the Zoning Ordinance states that The purpose of the OId Beach Overlay District is to preserve and enhance the historic status of the Old Beach neighborhood as one of the first residential areas within the Oceanfront Resort Area by providing opportunities for both new and redeveloped resort residential development, characterized by single-family cottage -style homes and compatible multi -family residential dwellings. Furthermore, the Old Beach Design Guidelines are provided for this district, the purpose of which is to encourage development that is appropriate for the district." The OId Beach Design Review Committee was established as a resource for those seeking to develop within the Old Beach (OB) Overlay District. The committee is intended to preserve, enhance and promote the character of the neighborhood in accordance with the OId Beach Design Guidelines and the provisions of the OB Overlay District. Plan submission and review by the committee is voluntary. The OId Beach Design Review Committee conducted a review of development activity in the OB Overlay District since the establishment of the Overlay District and Design Guidelines in 2005. The purpose of the Committee's review was to determine if the ordinance and guidelines are working satisfactorily and meeting intended objectives. The Committee determined that application of the ordinance is, in some cases, having unintended effects that are inconsistent with the objectives of the OId Beach Design Guidelines, particularly in regard to lot coverage for primary and ancillary dwellings, garage setbacks and landscaping requirements. To eliminate inconsistencies between the Overlay Ordinance and the Design Guidelines and to better reflect the objectives of the Guidelines, the Committee worked with staff to draft revisions to the Overlay Ordinance, which are attached to this report and are summarized below. Item #18 City of Virginia Beach Amendment to Sections 1904 and 1905 of the City Zoning Ordinance/ Old Beach Overlay District Page 2 Lot Coverage Current: The ordinance currently allows the maximum lot coverage of a principal dwelling to be between 51 % and 65% of the total lot coverage and the maximum lot coverage of a ancillary dwelling to be between 35% and 49% of the total lot coverage total. The ordinance prohibits the sum of the principal dwelling lot coverage and ancillary dwelling lot coverage from exceeding 100%. In contradiction to the Overlay Ordinance, the Old Beach Design Guidelines state that the maximum lot coverage of a principal dwelling cannot exceed 60% of the lot coverage and the maximum lot coverage of an ancillary dwelling cannot exceed 40%. A finding of the Old Beach Design Review Committee's review of development indicates that while the Overlay Ordinance permits a variation in lot coverage between the principal and ancillary dwellings, the majority of development has a lot coverage split near to or at 51 % / 49%. The result is what appear to be two single-family dwellings on one lot. Proposed: To ensure that the principal dwelling on a lot is indeed the larger of the two single- family dwellings on one lot, and thus address the issue described above, the amendment states that the maximum lot coverage of a principal dwelling cannot exceed 60% of the total lot coverage. The maximum lot coverage of an ancillary dwelling cannot exceed 40% of the total lot coverage. Garage Setbacks Current: The ordinance currently allows a 20 -foot setback for garages. The result has been homes that do not meet the intent of the Design Guidelines, which recommend front facade design that makes the porch and front door the front focal points instead of the garage door. Proposed: The setback for garages is increased from 20 feet to 36 feet from the lot line. For lots developed with 2 single-family homes, the garage setback will be 36 feet from the rear lot line if an improved alley exists. Side yard setbacks for garages are decreased from 8 feet to 5 feet when not adjacent to a street. Landscape Requirements Current: On the 40 -foot wide lots that predominate in Old Beach, meeting the requirement for 1,200 square foot of landscaping has been challenging. Proposed: Item #18 City of Virginia Beach Amendment to Sections 1904 and 1905 of the City Zoning Ordinance/ Old Beach Overlay District Page 3 This amendment provides greater flexibility in landscape design while retaining the landscaping provisions of the Guidelines or the Ordinance. On Tots developed with a principal and an ancillary home, rain gardens and bioretention areas may be included as part of the required 600 square feet of landscaping per unit. Organization of Ordinance Additionally, the overall organization of the Old Beach Overlay District Ordinance has been revised as part of the proposed amendment. Accordingly, while the first few pages of the attached ordinance amendment consist of significant text being deleted, that same text is added afterwards. The only actual changes are the ones noted above. RECOMMENDATION The proposed amendments are the result of an extensive review by the Old Beach Design Review Committee of dwellings developed since the 2005 adoption of the ordinance and establishment of the overlay. The findings of the Committee indicated that the desired design objectives contained in the Old Beach Design Guidelines were not being transferred to the reality of what was being constructed. Through work with City staff to seek the reasons for this contradiction, the attached ordinance amendments were drafted. There will be additional efforts in the coming months to update the Design Guidelines to better present the desired end goal to those considering development within the Old Beach Overlay District. Any revisions to the Guidelines will need to be considered by the Planning Commission and City Council. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RIPLEY RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 9-0, the Commission approved item 18. Jonathan Sanders appeared before the Commission. Billy Almond spoke in support of the amendment. ABSENT ABSENT M. APPOINTMENTS GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE SOCIAL SERVICES BOARD TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* FY 2013-2014 RESOURCE MANAGEMENT SCHEDULE Presented by the City Manager May 7th May 14th Budget Workshop Reconciliation Conference Room Vote on the Budget Council Chamber 2013 CITY HOLIDAYS Memorial Day - Monday, May 27 Independence Day - Thursday, July 4 Labor Day - Monday, September 2 Veterans Day - Monday, November 11 Thanksgiving Day & Day after Thanksgiving - Thursday, November 28 & Friday, November 29 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 4/09/2013 PAGE: AGENDA ITEM # SUBJECT 1 MOTION VOTE D A V I S D E S T E P HR DNOMMS YL EEES H E Y J NOOOR S S R 0 S S- H A M NMI DS S E S • U HL NND W I S 00 W 0 I. CITY COUNCIL BRIEFINGS A. Historic Preservation Committee Cavalier Sub -Committee Report B. Department of Defense/Sequestration Impacts C. Mac Rawls, Chairman Dr. James Koch, Professor of Economics, ODU IU111/IVN CITY MANAGER'S BRIEFINGS A. FY2013-14 Budget 1. Safe Community 2. Quality Physical Environment VI/VII/-E CERTIFICATION OF CLOSED SESSION APPROVED 10-0 Y Y A Y Y Y Y Y Y Y Y F MINUTES — March 26, 2013 APPROVED 10-0 Y Y A Y Y Y Y Y Y Y Y G/H PUBLIC HEARING 1. Starbucks Corporation at 31 Ocean 241 Laskin Road (District 6 -Beach) No Speakers 1-1 Ordinance to ACCEPT/AUTHORIZE transfer of property to the Development Authority at 19ih , 20th Str/Artic/Baltic Ave ADOPTED, BY CONSENT 9-1 Y Y A Y Y N Y Y Y Y Y 2 Resolution to SUPPORT SPSA after January 24, 2018/PURSUE development of Regional Solid Waste Management System ADOPTED, BY CONSENT 9-1 Y Y A N Y Y Y Y Y Y Y 3 Resolution to SUPPORT preservation of Historic Cavalier on the Hill Hotel with incentives to Purchasers ADOPTED, ALTERNATE VERSION, BY CONSENT 9-0 Y A B S T A 1 N E D A Y Y Y Y Y Y Y Y 4 Ordinance to AUTHORIZE/EXECUTE a License Agreement with STARBUCKS CORP re outdoor seating at 31 Ocean, 241 Laskin Road (DISTRICT 6 — BEACH) ADOPTED, BY CONSENT 10-0 Y Y A Y Y Y Y Y Y Y Y CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 4/09/2013 PAGE: AGENDA ITEM # SUBJECT 2 MOTION VOTE D A V 1 S D E S T E P HR DN YL E H E E YS J 0 NOOOR E MMS S S R 0 S S- H A M N DS S E S M U H 1 NND W I L S 00 W 0 5 Ordinance to AMEND Section 2-108 City Code re employment probation ADOPTED, BY CONSENT 10-0 Y Y A Y Y Y Y Y Y Y Y 6 Ordinance to AUTHORIZE 2013 Housing Choice Voucher Annual Plan/Revised Administrative Plan/City Manager submit same to U.S. HUD ADOPTED, BY CONSENT 10-0 Y Y A Y Y Y Y Y Y Y Y 7 Resolution to APPOINT Dannielle C. Hall-Mclvor as Assistant City Attorney effective April 16, 2013 ADOPTED, BY CONSENT 10-0 Y Y A Y Y Y Y Y Y Y Y 8 Ordinance to ACCEPT/APPROPRIATE a $109,175 Grant from VA EMS "Four- for -Life" to EMS re rescue equipment/ medical supplies ADOPTED, BY CONSENT 10-0 Y Y A Y Y Y Y Y Y Y Y 9 Ordinance to APPROPRIATE $25,868 from EMS salvaged material sales re defibrillators for the Police ADOPTED, BY CONSENT 10-0 Y Y A Y Y Y Y Y Y Y Y 10 Ordinance to TRANSFER FY 2012-13 School Operating Budget to the School Technology Fund: a. $125,565 from the Instruction Classification b. $111,218 from the Administration Classification ADOPTED, BY CONSENT 10-0 Y Y A Y Y Y Y Y Y Y Y J-1 ROVING AUTO, INC./MUST ENTERPRISES Modification of DENIED 10-0 Y Y A Y Y Y Y Y Y Y Y Conditions Nos. 2/5 (approved January 13, 2009) re vehicle sales/service to delete restrictions at 300 So. Rosemont Road (Deferred: March 12, 2013) (DISTRICT 6 - BEACH) 2 C. CHRIS MITCHUM/WILLIAM HOLDA/HOLDA ENTERPRISES, LP for a CUP re auto repair garage at 5898 APPROVED, CONDITIONED, BY CONSENT 10-0 Y Y A Y Y Y Y Y Y Y Y Thurston Avenue (DISTRICT 4 — BAYSIDE) 3 NICHOLSON PROPERITIES, LLC for a COZ from A-12 to Conditional 1-1 re DEFERRED INDEFINITELY 10-0 Y Y A Y Y Y Y Y Y Y Y office -warehouse units at 405 Fountain Drive (DISTRICT 6 — BEACH) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 4/09/2013 PAGE: AGENDA ITEM # SUBJECT 3 MOTION VOTE D A V I S D E S T E P HR DN Y EEES H E L Y J 0 N S MMS 0 S R 0 S S- H A M 0 NMI DS S E S 0 U H • R NND W I L S 00 W 0 K APPOINTMENTS HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE RESCHEDULED B YCO NS ENS U S AUDIT COMMITTEE APPOINTED 3 Year Term 05/01/13-04/30/16 Sharon Brown 10-0 Y ¥ A ¥ ¥ ¥ YYYY Y HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA)12/31/13 APPOINTED 1 Year Term thru Bryan Cuffee, Development Authority Representative 10-0 y YAYYY YYYY Y HISTORIC PRESERVATION COMMISSION APPOINTED Unexpired term thru 12/31/14 Les Watson 10-0 Y YAYYY ¥ ¥ ¥ ¥ Y HUMAN RIGHTS COMMISSION APPOINTED 3 Year Terms 04/01/13-03/31/16 Luis Rivera Rabbi Israel Zoberman 10-0 Y YAYYY Y Y, Y Y Y TRANSITION AREA/ITA CITIZENS ADVISORY COMMITTEE APPOINTED No Term Jim Fox 10-0 Y ¥ A ¥ ¥ ¥ YYYY Y L/M/N ADJOURNMENT 6:22 PM PUBLIC COMMENTS 6:23 PM — 6:28 PM Two (2) Speakers CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S DATE: 4/09/2013 PAGE: 4 S- D H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE D S E J M S U I A T DN 0 MMS H L W V E YL NOOOR S 0 I P EEE S NM 1 00 S HR YS S DS NND April 16`" April I Sd' April 23rd April 23'd May 7th May 14m FY 2013-2014 RESOURCE MANAGEMENT SCHEDULE Presented by the City Manager Budget Workshop/Briefings Public Hearing Budget Workshop/Briefings Informal/Formal Session/Public Hearing Budget Workshop Reconciliation Vote on the Budget Conference Room VB Middle School Conference Room Council Chamber Conference Room Council Chamber 2013 CITY HOLIDAYS Memorial Day - Monday, May 27 Independence Day - Thursday, July 4 Labor Day - Monday, September 2 Veterans Day - Monday, November 11 Thanksgiving Dry h. Dap after Thrrabs„fivinq - Thursday, November 28 & Friday November 29 C7iristouts Ere (half=duel - Tuesday. December 24 Christmas oras Day - Wednesday, December 25