Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
NOVEMBER 26, 2013 AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOM.S, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTLPH, At -Large ROBERT M. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne — District 7 JOHN D.MOSS, At -Large AMELIA ROSS-HAMMOND, Kemprville - District 2 JOHN E. UHRIN, Beach District 6 ROSEMARY WILSON, At -Large .LAMES L. WOOD, L.ynnhaven -District 5 CITY COUNCIL APPOINTEES CITYMANAGLR MAIESK.SPORE CITY A770RNEY MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CI"TYAUDI70R LYNDONS. REMIAS CITYCLERK RU"IHHODGESFRASER,MMC I. CITY COUNCIL BRIEFINGS CITY COUNCIL AGENDA 26 NOVEMBER 2013 A. VOLUNTEER RESOURCES Annual Report Mary Russo, Director - Conference Room - B. MINORITY BUSINESS COUNCIL Annual Report Carla Bailey, Chair C. INTER -FACILITY TRAFFIC AREA/ TRANSITION AREA ADVISORY COMMITTEE Report Linwood Branch, Chair II. CITY MANAGER'S BRIEFINGS A. VANGUARD LANDING FINAL TERM SHEET Cindy Curtis, Deputy City Manager III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE. (757) 385-4303 FAX (757) 385-5669 E- MAIL: C ycncl@vbgov. cont 2:30 PM 4:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION - Reverend "Skip" Wallace Pastor Kings Grant Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. SALE OF EXCESS CITY -OWNED PROPERETY a. 1532 New York Avenue and adjacent lot 2. LEASES OF CITY -OWNED PROPERTY a. 1.3 acres off Sheffield Court in Pembroke Meadows b. Virginia Beach Farmers Market Guard House 3. CITY -OWNED PROPERTY — Commerce Street a. Parking Franchise b. Valet Operations November 12, 2013 I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Public Works Standards and Specifications re Cavalier Shores Historic Sidewalk (Deferred November 12 2013) b. Sections 16-45 (a)(2) and 16-46 (c) re initial sales and eligibility requirements for Workforce Housing c. ADD Section 35-13 re elderly and disabled personal property tax relief 2. Virginia Retirement System (VRS) a. Resolution to REGULATE Deferred Compensation for Hybrid employees b. Ordinance to AMEND Section 2-121 of the City Code re the Deferred Compensation Plan and Hybrid Retirement Plan for employees 3. Resolution to REQUEST the Virginia Beach Development Authority: a. Explore the potential for development of the "Dome Site" and adjacent property b. Improve the economic vitality of the City C. ISSUE a RFQ to seek a qualified Developer/Operator for an entertainment venue d. AUTHORIZE an exclusive Agreement for development of the Dome property 4. Resolution to AUTHORIZE the City to recertify for continued participation in the United States Criminal Justice Services' (DCJS) Certified Crime Prevention Community Program and AUTHORIZE the Police to take action necessary to meet the DCJS requirements for recertification 5. Ordinance to DECLARE property at 1532 New York Avenue and the adjacent lot to be in EXCESS of the City's needs and AUTHORIZE the City Manager to convey same to Murray Homes, Inc. and Richardson Homes, Inc. DISTRICT 6 —BEACH 6. Ordinance to AUTHORIZE the use of City -owned property by the Westin Hotel for valet services 7. Ordinances re City -owned property to AUTHORIZE the City Manager to EXECUTE: a. Lease with Frank T. and Laura R. Mulcahy re Sheffield Drive in Pembroke Meadows DISTRICT 4 - BAYSIDE b. Lease with Seasons Best Bakery, LLC for the Guard House at the Farmers Market DISTRICT 1 - CENTERVILLE C. Franchise Agreement for the use of portions of public right-of-way at Town Center for valet services DISTRICT 4 - BAYSIDE Ordinance to AUTHORIZE a temporary encroachment into a portion of City -owned property at Bass Inlet -East for DALE A. and KIMBERLY A. LISTER re piers, bulkhead, boat lift and personal watercraft lift at 2884 Bluebill Drive DISTRICT 7 — PRINCESS ANNE J. PLANNING Application of LIN -CON, LLC for a Variance to the Subdivision Regulations, Section 4.4(b) of the City Zoning Ordinance (CZO) to correct a subdivision created by Deed at Old Great Neck Road DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 2. Ordinances to EXTEND Compliance re satisfying conditions for Street Closures a. The Runnymede Corporation for an unimproved portion of Cleveland Street DISTRICT 2 — KEMPSVILLE b. Rosemont Interstate Center, LLC for the remaining part of "A" Avenue at the intersection with Sentara Way DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 3. Application of 493 S. INDEPENDENCE BLVD, LLC for a Conditional Use Permit re an automated car wash at 493 South Independence Boulevard DISTRICT 2 — KEMPSVILLE DEFERRED INDEFINITELY RECOMMENDATION 4. Applications of MILLER HOLDING II, LLC at 4877 Shore Drive DISTRICT 4 — BAYSIDE a. Conditional Change of Zoning from B-2 Community Business to Conditional B-4 Mixed -Use b. Conditional Use Permit re multi -family dwellings STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION 5. Ordinances of the CITY OF VIRGINIA BEACH re Floodplains: a. Statutory Authorization and Purpose b. Applicability C. Definitions d. Compliance and Liability e. Records f. Abrogation and Restrictions g. Severability h. Administration i. Jurisdictional Boundaries j. Appeals k. District Descriptions 1. Elevation and Construction Requirements SEPTEMBER 24, 2013 APPROVAL DENIAL APPROVAL M. Floodways/AE zones n. Existing Structures o. Variances and Appeals P. Application Process q. Repeal Sec. 5B re: Site Plans r. Stormwater Management S. Southern Watersheds t. Chesapeake Bay Preservation Area U. Transition Area Rules RECOMMENDATION APPROVAL K. APPOINTMENTS BAYFRONT ADVISORY COMMITTEE BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA) HISTORIC PRESERVATION COMMISSION MINORITY BUSINESS COUNCIL PENDLETON PROJECT MANAGEMENT BOARD PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION RESORT AREA PARKING STRATEGY SENIOR SERVICES OF SOUTHEASTERN VIRGINIA (SEVAMP) TRANSITION AREA/ITA TRAFFIC AREA ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) L. UNFINISHED BUSINESS M. NEW BUSINESS N. 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 2014 CITY COUNCIL RETREAT Economic Development Conference Room 8: 30 A. M. -5:00 P. M. Monday, January 6`17' and Tuesday, January 7 `h, 2014 2013 CITY HOLIDAYS Thanksgiving Day and Day after Thanksgiving; Thursday, November 28 and Friday, November 29 Christmas Eve (half-day) - Tuesday, December 24 Christmas Day - Wednesday, December 25 11/26/2013/GW I. CITY COUNCIL BRIEFINGS - Conference Room - 2:30 PM A. VOLUNTEER RESOURCES Annual Report Mary Russo, Director B. MINORITY BUSINESS COUNCIL Annual Report Carla Bailey, Chair C. INTER -FACILITY TRAFFIC AREA/ TRANSITION AREA ADVISORY COMMITTEE Report Linwood Branch, Chair II. CITY MANAGER'S BRIEFINGS A. VANGUARD LANDING FINAL TERM SHEET Cindy Curtis, Deputy City Manager III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION 4:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION - Reverend "Skip" Wallace Pastor Kings Grant Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 12, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS SALE OF EXCESS CITY -OWNED PROPERETY 1532 New York Avenue and adjacent lot 2. LEASES OF CITY -OWNED PROPERTY a. 1.3 acres off Sheffield Court in Pembroke Meadows b. Virginia Beach Farmers Market Guard House CITY -OWNED PROPERTY — Commerce Street a. Parking Franchise b. Valet Operations PUBLIC HEARING • 11 The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City -owned property, Tuesday, November 26, 2013, at 6:00 P.M., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The properties are located at 1532 New York Avenue (GPIN 2407- 94-9675) and adjacent lot (GRIN 2407-94-9710). The purpose of this Hearing will be to obtain public input to determine whether these properties should be declared to be in "excess of the City's needs". If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757- 385-4303; Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center, or call (757) 385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon Nov. 17, 2013 23847885 ,�FNtiA'.BFAfHI PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, November 26, 2013, at 6:00 P.M. in the Council Chamber, City Hall - Bldg. #1 at the Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment on the proposed lease of the following City -owned property: Approximately 1.3 acres of land located off Sheffield Court in the Pembroke Meadows Subdivision (GPIN: 1477- 69-9678-0000) If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; Hearing impaired call 711. Any questions concerning this matter should be directed to Public Works - Facilities Management Office, Room 228, Building 18, Virginia Beach Municipal Center, (757) 385-5659. Ruth Hodges Fraser, MMC City Clerk Beacon Nov. 17, 2013 23847894 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on November 26, 2013 at 6:00 P.M. in the Council Chamber, City Hall - Bldg. 1, Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment regarding the proposed lease of City -owned property located at the Virginia Beach Farmers Market, as defined below: 1) Guard House building, 42 square feet of space to Seasons Best Bakery, LLC If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; Hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center - (757) 385-5659. Ruth Hodges Fraser, MMC City Clerk . Beacon Nov. 17, 2013 23847906 PUBLIC HEARING PARKING FRANCHISE ON CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, November 26, 2013, at 6:00 P.M. in the Council Chamber, City Hall - Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment on the proposed grant of a valet parking franchise on the following City -owned property: Five (5) parking spaces on Commerce Street between Central Park Avenue and Market Street, a portion of the pick-up/drop-off area on Market Street in front of McCormick & Schmick's Seafood and space on the sidewalk adjacent to said areas. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERMS OFFICE at 385- 4303; Hearing impaired, call TDD only 711. Any questions concerning this matter should be directed to the Department of Economic Development, 222 Central Park Avenue, Suite 1000, (757) 385- 6464, Ruth Hodges Fraser, MMC City Clerk Beacon Nov. 17, 2013 23847946 PUBLIC HEARING VALET OPERATIONS ON CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, November 26, 2013, at 6:00 P.M. in the Council Chamber, City Hall - Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment on the proposed use for valet purposes of the following City - owned property: Loading zone on Commerce Street adjacent to the Westin Hotel If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing Impaired, call TDD only 711. Any questions concerning this matter should be directed to the Department of Economic Development, 222 Central Park Avenue, Suite 1000, (757) 385- 6464.Si Ruth Hodges Fraser, MMC City Clerk Beacon Nov. 17, 2013 23847940 I. ORDINANCESIRESOLUTIONS Ordinances to AMEND the City Code: a. Public Works Standards and Specifications re Cavalier Shores Historic Sidewalk (Deferred November 12, 2013) b. Sections 16-45 (a)(2) and 16-46 (c) re initial sales and eligibility requirements for Workforce Housing c. ADD Section 35-13 re elderly and disabled personal property tax relief 2. Virginia Retirement System (VRS) a. Resolution to REGULATE Deferred Compensation for Hybrid employees b. Ordinance to AMEND Section 2-121 of the City Code re the Deferred Compensation Plan and Hybrid Retirement Plan for employees Resolution to REQUEST the Virginia Beach Development Authority: a. Explore the potential for development of the "Dome Site" and adjacent property b. Improve the economic vitality of the City C. ISSUE a RFQ to seek a qualified Developer/Operator for an entertainment venue d. AUTHORIZE an exclusive Agreement for development of the Dome property 4. Resolution to AUTHORIZE the City to recertify for continued participation in the United States Criminal Justice Services' (DCJS) Certified Crime Prevention Community Program and AUTHORIZE the Police to take action necessary to meet the DCJS requirements for recertification 5. Ordinance to DECLARE property at 1532 New York Avenue and the adjacent lot to be in EXCESS of the City's needs and AUTHORIZE the City Manager to convey same to Murray Homes, Inc. and Richardson Homes, Inc. DISTRICT 6 —BEACH 6. Ordinance to AUTHORIZE the use of City -owned property by the Westin Hotel for valet services 7. Ordinances re City -owned property to AUTHORIZE the City Manager to EXECUTE: a. Lease with Frank T. and Laura R. Mulcahy re Sheffield Drive in Pembroke Meadows DISTRICT 4 - BAYSIDE b. Lease with Seasons Best Bakery, LLC for the Guard House at the Farmers Market DISTRICT 1 - CENTERVILLE C. Franchise Agreement for the use of portions of public right-of-way at Town Center for valet services DISTRICT 4 - BAYSIDE 8. Ordinance to AUTHORIZE a temporary encroachment into a portion of City -owned property at Bass Inlet -East for DALE A. and KIMBERLY A. LISTER re piers, bulkhead, boat lift and personal watercraft lift at 2884 Bluebill Drive DISTRICT 7 — PRINCESS ANNE CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Public Works Standards and Specifications Regarding Cavalier Shores Historic Sidewalk MEETING DATE: November 26, 2013 ■ Background: The historic brick sidewalk at the Cavalier Hotel and in the Cavalier Shores subdivision dates from 1927. It has sustained damages from various sources, including the parking of motor vehicles on it, and Councilmembers Wilson and Uhrin have requested that an ordinance be brought forward to prevent further damage by prohibiting the construction of driveways across the historic sidewalk in Cavalier Shores. ■ Considerations: The ordinance amends the Public Works Standards and Specifications to prohibit driveways to 43rd and 44th Street and to the south side of 45th Street, the streets on which the historic sidewalk is located. The affected lots have adequate access to the alleys at the rear of the lots. The ordinance is consistent with deed restrictions applicable to those properties and with a resolution adopted by the City Council in 2010, requesting, among other things, that the Departments of Planning and Public Works take actions to preserve the historic sidewalk to the extent feasible. The ordinance would be enforced by the Planning Department, which would be required by virtue of the amended Standards and Specifications to disapprove any site plan showing a driveway in the prohibited locations. This item was deferred on November 12, 2013. ■ Public Information: Advertisement as a normal agenda item. Representatives of Cavalier Shores have been made aware that the ordinance is being brought forward ■ Alternatives: While there is no legal requirement that the ordinance be adopted, it provides the City with a means to preserve the historic sidewalk in Cavalier Shores ■ Recommendations: Adoption of ordinance ■ Attachments: Ordinance Requested by Councilmembers Wilson and Uhrin 1 REQUESTED BY COUNCILMEMBERS ROSEMARY WILSON AND JOHN E. UHRIN 2 3 4 AN ORDINANCE AMENDING CHAPTER 3 OF THE 5 PUBLIC WORKS STANDARDS AND 6 SPECIFICATIONS TO PROHIBIT DRIVEWAYS TO 7 STREETS IN THE CAVALIER SHORES 8 SUBDIVISION IN WHICH THE HISTORIC BRICK 9 SIDEWALK IS LOCATED 10 11 12 WHEREAS, in 1927, Virginia Beach's historic Cavalier Hotel was constructed 13 14 WHEREAS, also in 1927, brick sidewalks were installed in the adjacent Cavalier 15 Shores subdivision, east and west along the south side of 45th Street, and east and 16 west on both the north and south sides of 43rd and 44th Street, as well as the walk from 17 the Old Cavalier Hotel on the hill from Cavalier Drive to 45th Street; 18 19 WHEREAS, like the Cavalier Hotel, these brick sidewalks are historic structures 20 that form an integral part of Virginia Beach's architectural history; 21 22 WHEREAS, its historic nature, portions of the sidewalk have been damaged by 23 the removal of bricks, the parking of motor vehicles on it and the construction of 24 driveways across it, thereby resulting in damage to the sidewalk and creating a potential 25 safety hazard for pedestrians and drivers and detracting from the appearance of a 26 valuable historic asset owned by the public; 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH: 30 31 That Chapter 3 of the Public Works Standards And Specifications is hereby 32 amended by the amendment of Section 3.10.4 and the addition of a new section 33 numbered 3.10.5 (k), pertaining to the historic brick sidewalks in the Cavalier Shores 34 subdivision, to read as follows: 35 36 37 Chapter 3 Geometric Alignment & Design 38 39 .... 40 41 3.10.4 Residential Entrances in the North Beach Area 42 43 In an effort to balance the functional need for residential driveways protect public 44 property, and to maximize on -street public parking in the North Beach area, the 45 following driveway standards will be adhered to for all single family, duplex and 46 multifamily site plans in the 100/200 blocks of 41st Street to 89th Street: 47 48 .... 49 50 3.10.5 Residential Entrances for Duplex and Single Family Developments 51 52 .... 53 54 k) In order to prevent damage to the historic brick sidewalks in the Cavalier Shores 55 subdivision on lots west of Atlantic Avenue driveways to 43rd or 44th Street or to the 56 south side of 45th street shall not be permitted. 57 58 .... 59 60 COMMENT 61 62 The ordinance prohibits the construction of driveways across the historic brick sidewalks 63 located in Cavalier Shores. The lots located in the area covered by the prohibition have adequate 64 street ingress and egress by means of the alleys at the rear of the lots fronting on those streets. Adopted by the City Council of the City of Virginia Beach on the day of , 2013. APPROVED AS TO LEGAL SUFFICIEN City"Attorney's Office CA12786 R-2 November 4, 2013 2 4,� . t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Amend Sections 16-45 (a)(2) and 16-46 (c) of the City Code, Pertaining to Initial Sales and Eligibility Requirements for Workforce Housing. MEETING DATE: November 26, 2013 Background: Since the City Council originally adopted the Workforce Housing Program ordinances in 2007, the Department of Housing and Neighborhood Preservation staff has identified potential City Code amendments that would change the program to work more effectively. Considerations: The proposed amendments would make the following changes in the program: Extend the timeframe within which the developer must keep the workforce housing units for sale to eligible buyers. As written, this time frame would expire sixty (60) days after the opening of the model home. This is clearly too early in the overall sales process for the development. The proposed change moves this time frame to sixty (60) days beyond the date on which a workforce housing unit receives a certificate of occupancy. This means the units would actually be built and occupiable for sixty (60) days before they could be sold as market -rate units. 2. Ensure a developer is not unfairly penalized should he/she sell a workforce housing unit on the open market when the city is unable to provide an eligible buyer for said unit. Currently, in the event an eligible buyer is not found to purchase a workforce housing unit within the time frame prescribed in the ordinance, developers are allowed to sell the unit on the open market and pay the city the "difference between the actual sales price and the price as reduced by the amount of the workforce housing discount..." The current ordinance does not take into consideration the likelihood the sales price of a workforce housing unit sold on the open market will be more than the sales price to an eligible buyer due to either increased sale prices for similar homes in the area, or upgrades added by a non -workforce housing buyer. This could result in the developer paying more to the city than the workforce housing discount applied to a workforce housing unit. 3. Ensure that eligible buyers, as well as developers, are not penalized should a household's income or composition change between the time of signing a sales contract and the loan closing. In new construction, a home may not be built for one hundred and twenty (120) days or more from the time a sales contract is signed. If, after a sales contract is signed, the buyer is offered a promotion or raise, or the size of the household were to increase or decrease, the buyer could lose the home because Workforce Housing Program Page 2of2 they no longer meet the income qualifications. Not only would this be unfair the buyer, but it would also be unfair to the developer. The Workforce Housing Advisory Board recommended adoption of the proposed amendments at its October 21, 2013 meeting. Public Information: The ordinance will be advertised as a normal agenda item of the City Council. Alternatives: The ordinance presented today represents the consensus of the Workforce Housing Advisory Board and city staff regarding the aforementioned amendments. The amendments are needed to: (1) protect the city's interest in providing affordable housing opportunities to those who work or live in the city, and (2) ensure the requirements of the program do not inadvertently penalize developers and potential buyers. Recommendations: Adoption of the ordinance. Attachments: Ordinance. Recommended Action: Approval r Submitting Department/Agency: De a nt of Housing and Neighborhood Preservation City Manager: (� . 1 AN ORDINANCE TO AMEND SECTIONS 16-45 2 AND 16-46 OF THE CITY CODE PERTAINING 3 TO THE SALE AND ELIGIBILITY 4 REQUIREMENTS FOR WORKFORCE HOUSING 5 6 SECTIONS AMENDED: City Code Sections 16-45 and 16-46 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 16-45 and 16-46 of the Code of the City of Virginia Beach, Virginia, 12 are hereby amended and reordained to read as follows: 13 14 Sec. 16-45. Initial sales of workforce housing units. 15 16 (a) The city shall have the right to purchase workforce housing units offered 17 for initial sale as follows: 18 19 (1) The city shall have an exclusive right to purchase any workforce 20 housing unit, not to exceed a total of one-third (1/3) of the 21 workforce housing units for sale within a development, by so 22 notifying the developer of the unit within thirty (30) days from the 23 date on which the city is notified that the workforce housing unit is 24 available for initial sale. If the city does not timely exercise its right 25 to purchase the unit, it may be sold to an eligible buyer. 26 27 (2) Any workforce housing unit the city has not elected to purchase 28 shall be offered for sale exclusively to eligible buyers for a period of 29 sixty (60) days from the date on which the city's right to purchase 30 the unit expires or from the date the city issues the Certificate of 31 Occupancy; whichever is later. Upon the expiration of such time, 32 any such unit not sold to the city or to an eligible buyer may be 33 offered for sale without restriction, provided, that when such a unit 34 is sold, the developer shall pay to the city the lesser of the 35 difference between either the actual sales price or the sales price of 36 comparable sold workforce housing units in the same development 37 and the price as reduced by the amount of the workforce housing 38 discount, less any additional sales commission actually paid by the 39 developer up to a maximum of two (2) percent of the sales price 40 and any closing cost assistance actually paid on behalf of the buyer 41 up to a maximum of three (3) percent of the purchase price. 42 43 .... 44 COMMENT 45 46 These amendments will extend the timeframe within which the developer must keep the 47 workforce housing units for sale to eligible buyers. The proposed change moves the time frame to 48 sixty (60) days beyond the date on which a workforce housing unit receives a certificate of 49 occupancy. This means the units would actually be built and occupiable for sixty (60) days before 50 they could be sold as market-rate units 51 52 The amendments would also ensure a developer is not unfairly penalized should he/she sell 53 a workforce housing unit on the open market when the city is unable to provide an eligible buyer 54 for the unit. Currently, developers are allowed to sell the unit on the open market and pay the city 55 the "difference between the actual sales price and the price as reduced by the amount of the 56 workforce housing discount..." The proposed amendment takes into consideration the possibility 57 the sales price of a workforce housing unit sold on the open market will be more than the sales price 58 to an eligible buyer due to either increased sale prices for similar homes in the area, or upgrades 59 added by a non-workforce housing buyer. 60 61 Sec. 16-46. Eligibility requirements for buyers of workforce housing units. 62 63 (a) In order to be deemed an eligible buyer of a workforce housing unit, a 64 household shall meet the following criteria: 65 66 .... 67 68 (c) Once determined to be an eligible buyer, a household must continue to 69 meet the requirements of subsection (a) through the time of Go++'�„i signing a sales 70 contract. A household shall be required to certify its continued qualification as an eligible 71 buyer at settleMeRt signing of a sales contract and at any prior time requested by the 72 city. 73 74 COMMENT 75 76 This amendment would only require the buyer to meet eligibility through the 77 signing of a sales contract, not actually through settlement. This would prevent the loss of the 78 workforce housing unit because of changed circumstances beyond their control once the sales 79 contract is signed. 80 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2013. 2 APPROVED AS TO CONTENT: Housing ¢ rhoo lyl Preservati j CAI 2828/R-3/November 14, 2013 APPROVED AS TO LEGAL SUFFICIE CY: 4 ' City Attorney's Office ��� x1A BR,gr i a.� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Section 35-13 to the Code of the City of Virginia Beach Pertaining to Elderly and Disabled Personal Property Tax Relief Applications MEETING DATE: November 26, 2013 ■ Background: The annual Personal Property Tax Levy Ordinance provides for a lower tax rate for residents who are not less than 65 years old or are totally and permanently disabled. The Levy Ordinance provides the applicable income and net worth requirements. A copy of the applicable page of this ordinance is attached for reference. The relief is applicable to one motor vehicle owned and used by the applicant. Traditionally, the City Council adopts the income and net worth limitations as part of the annual budget process. In the absence of a local ordinance setting the deadline, the applicable State law sets the deadline at April 1St. The Real Estate Tax Relief Program for Elderly and Disabled Persons includes many participants that are eligible for personal property relief. The deadline for application for the real estate program is June 30tH ■ Considerations: The attached ordinance would marry the dates for the two programs, which should reduce any confusion that results from having separate deadlines. If adopted, there would be an additional 90 days for eligible persons to file an affidavit or written statement for personal property tax relief. ■ Public Information: Public information will be provided through the normal Council agenda process. State law requires written notice of the existence of this program as part of the personal property tax bill. ■ Attachments: Ordinance-, Page 3 of the FY2014 Personal Property Levy Ordinance (w/ Section 11 starred) Submitting Agency: Commissioner of Revenue 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE TO ADD SECTION 35-13 TO THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO ELDERLY AND DISABLED PERSONAL PROPERTY TAX RELIEF APPLICATIONS SECTION ADDED: § 35-13 WHEREAS, the annual Personal Property Tax Levy Ordinance provides for a lower assessed rate for taxpayers who are not less than 65 years old or totally and permanently disabled that meet the applicable income and net worth requirements; and WHEREAS, State law provides a deadline of April 1St for applications for the personal property tax relief unless the locality has adopted an ordinance providing a later date as a deadline; and WHEREAS, participants in the Elderly and Disabled Real Property Tax Relief Program may apply prior to June 30th for relief pursuant to City Code § 35-66; and WHEREAS, making the deadline the same for both programs will avoid any confusion that results from disparate deadlines; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT The City Code shall be amended and reordained to add § 35-13 pertaining to Applications for Personal Property Tax Relief as follows: Sec. 35-13. Applications for Personal Property Tax Relief by Elderly or Disabled Persons. Any deadline for submission of an affidavit or written statement for relief from personal property taxes by qualifying persons totally and permanently disabled or not less than 65 years old shall be the same as provided in section 35-66. 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: Com issione of e enue C or s ffice CA12831 R-2 November 14, 2013 106 and regularly used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is 107 blind, or who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in 108 addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed at the 109 rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to the 110 Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so designated or 111 classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506 (A) (19), and that his or 112 her disability is service connected. Such property declared a separate class of tangible personal property in Section 58.1- 113 3506 (A) (19). 114 115 Sec.11. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty -Five 116 Years of Age or Anyone Found to be Permanently and Totally Disabled. 117 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced tax, levied and 118 collected for general purposes for calendar year 2014, at the rate of three dollars ($3.00) on each one hundred dollars 119 ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used primarily by or for anyone at least 120 sixty-five years of age or anyone found to be permanently and totally disabled, as defined in Section 58.1-3506.3 of the 121 Code of Virginia, subject to the following conditions: 122 1. The total combined income received, excluding the first $7,500 of income, from all sources during 123 calendar year 2013 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars ($22,000). 124 2. The owner's net financial worth, including the present value of all equitable interests, as of December 125 31 of calendar year 2013, excluding the value of the principal residence and the land, not exceeding one (1) acre, uJ 126 which it is situated, shall not exceed seventy thousand dollars ($70,000). 127 3. All income and net worth limitations shall be computed by aggregating the income and assets, as 128 case may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of the motor veh 129 who seeks the benefit of the preferential tax rate permitted under this ordinance, irrespective of how such motor veh 130 may be titled. 131 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over o 132 either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been satisfied. 133 134 Sec. 12. Assessed Value Determination. 135 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above sections 136 shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for the City of Virginia 137 Beach. 138 139 Sec. 13. Severability. 140 if any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not 141 affect the validity of the remaining portions of this ordinance. 142 143 Sec. 14. Effective Date. 144 This ordinance shall be effective January 1, 2014. 145 146 Adopted by the Council of the City of Virginia Beach, Virginia, on this 14th day of May, 2013. 147 148 Requires an affirmative vote by a majority of all of the members of City Council. Fiscal Year 2013-14 10-25 Budget Ordinances CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution to VRS Regarding Hybrid Retirement Plan Employees and the Commonwealth of Virginia 457 Deferred Compensation Plan (2) An Ordinance to Amend City Code Section 2-121 Regarding the Deferred Compensation Plan and Hybrid Retirement Plan Employees MEETING DATE: November 26, 2013 ■ Background: The 2012 General Assembly created the Hybrid Retirement Plan ("Hybrid Plan") (House Bill 1130/Senate Bill 498) which established a mandatory retirement plan for non -hazardous duty local employees hired on or after January 1, 2014. There is also the opportunity for employees in service on December 31, 2013 to make a one-time, irrevocable election of the Hybrid Plan. The Hybrid Plan includes a defined benefit and a defined contribution component. Also, the Hybrid Plan includes the possibility of voluntary contributions in addition to any mandatory contributions by employees. The management of mandatory and voluntary defined contributions for the Hybrid Plan will be though the Deferred Compensation Plan of the Commonwealth of Virginia (the "State Program"). Due to the management of the defined contributions for the Hybrid Plan through the State Program, it makes practical sense to direct Hybrid Plan employees to the State Program for deferred compensation services. ■ Considerations: This agenda item has an ordinance and a resolution. The resolution is required by VRS for any locality that participates in the State Program. This resolution adopts the State Program for those City employees participating in the Hybrid Plan and directs the City Manager to enter into the required VRS adoption agreement. The ordinance is an amendment to the City Code that provides clarifying language regarding the City's Deferred Compensation Plan and the State Plan for employees in the Hybrid Plan. The ordinance also directs the City Manager to execute an amendment to the current adoption agreement for the City's Deferred Compensation Plan (with Great -West Retirement Services) to clarify the scope of employees utilizing the City's Plan. ■ Public Information: Public information will be provided through the normal Council agenda process. ® Recommendations: Adopt the attached resolution and ordinance. Hybrid Plan Page 2 of 2 ■ Attachments: Resolution; Ordinance; Adoption Agreement for Commonwealth of Virginia 457 Deferred Compensation Plan; Adoption Agreement between the City and Great -West Retirement Services Recommended Action: Approval Submitting Department/Agency:Finance Department uCl�� City Manager: K- ,- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A RESOLUTION TO VRS REGULATING DEFERRED COMPENSATION FOR HYBRID EMPLOYEES WHEREAS, "Eligible Employees" for purposes of this resolution and the resulting adoption agreement shall mean only those employees participating in the Hybrid Retirement Plan described in Section 51.1-169 of the Code of Virginia (1950); and WHEREAS, the City Council, the governing body of the City of Virginia Beach, desires to adopt the Commonwealth of Virginia 457 Deferred Compensation Plan for Eligible Employees; and WHEREAS, the Commonwealth of Virginia 457 Deferred Compensation Plan is authorized by the Code of Virginia, Sections 51.1-600 et seq. and Internal Revenue Code Section 457(b), and political subdivisions are authorized to participate in such Plan by the Code of Virginia, Section 51.1-603.1; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Virginia Beach hereby approves the adoption of the Commonwealth of Virginia 457 Deferred Compensation Plan for the Eligible Employees, as that term is defined above, of the City in accordance with the provisions of the Code of Virginia. BE IT FURTHER RESOLVED, that the staff is hereby directed to implement the Commonwealth of Virginia 457 Deferred Compensation Plan at the earliest possible date but no sooner than December 31, 2013 and the City Manager or his designee is authorized and directed to enter into an adoption agreement, between the City and the Virginia Retirement System. 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: Finance Department City A n is CA12818 R-1 November 7, 2013 1 AN ORDINANCE TO AMEND CITY CODE 2 SECTION 2-121 REGARDING THE 3 DEFERRED COMPENSATION PLAN AND 4 HYBRID RETIREMENT PLAN 5 EMPLOYEES 6 7 SECTION AMENDED: § 2-121 8 9 WHEREAS, the General Assembly has created the Hybrid Retirement Plan as 10 the mandatory retirement plan for non -hazardous duty local employees hired on or after 11 January 1, 2014 and employees in-service on December 31, 2013, who make a one - 12 time, irrevocable election to participate in the Hybrid Retirement Plan (hereinafter, 13 "Eligible Employees"); and 14 15 WHEREAS, the Hybrid Retirement Plan includes a defined benefit and a defined 16 contribution component; and 17 18 WHEREAS, the Hybrid Retirement Plan includes the possibility of voluntary 19 contributions in addition to any mandatory contributions by employees; and 20 21 WHEREAS, the management of mandatory and voluntary defined contributions 22 for the Hybrid Retirement Plan will be though the Deferred Compensation Plan of the 23 Commonwealth of Virginia (the "State Program"); 24 25 WHEREAS, due to the management of the defined contributions for the Hybrid 26 Retirement Plan through the State Program, it makes practical sense to direct Eligible 27 Employees to the State Program for deferred compensation; 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 1. That section 2-121 City Code is hereby amended and reordained, to read 33 as follows: 34 35 2-121. Plan established. 36 37 Pursuant to the Government Employees Deferred Compensation Plan Act, 38 section 51.1-600 et seq. of the Code of Virginia, 1950, as amended, the city hereby 39 adopts and establishes a plan of deferred compensation for its employees dated the 40 twenty-third day of March, 1981. The purpose of the plan shall be to provide for the 41 deferral of compensation to the participants. The plan shall exist in addition to all other 42 retirement, pension or other benefit systems available to the participants, and shall not 43 supersede, make inoperative or reduce any benefits provided by any other retirement, 44 pension or benefit program established by law. 45 46 On behalf of the employer, the city manager is hereby authorized and directed to 47 execute and deliver the plan to the plan administrator. The plan shall contain such terms 48 and amendments as the city council may from time to time approve. The city council 49 shall adopt a deferred compensation investment policy. The city council shall review the 50 investment policy no less than every two (2) years. 51 52 Those employees participating in the hybrid retirement plan authorized by 53 Virginia Code $ 51.1-169 shall be directed to the Deferred Compensation Plan of the 54 _Commonwealth of Virginia in lieu of the plan established above. 55 56 57 2. The City Manager or his designee is hereby authorized and directed to 58 perform any action necessary to carry out the intent of this ordinance including 59 amendment of the City's Section 457(b) Adoption Agreement. 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: Finance Department City Att "s ffice CA12841 R-1 November 12, 2013 COMMONWEALTH OF VIRGINIA 457 DEFERRED COMPENSATION PLAN EMPLOYER ADOPTION AGREEMENT THIS AGREEMENT, executed this day of , 2013, is by and between the City of Virginia Beach, Virginia, hereinafter referred to as the "Employer", and the Virginia Retirement System, hereinafter referred to as the "Plan Sponsor". WITNESSETH WHEREAS, the Commonwealth of Virginia has established the Commonwealth of Virginia 457 Deferred Compensation Plan (the "Plan") and the Master Trust for the Commonwealth of Virginia 457 Deferred Compensation Plan (the "Trust") pursuant to Section 51.1-600 et seq. of the Code of Virginia (1950), as amended, and Internal Revenue Code Section 457(b); and WHEREAS, pursuant to Section 51.1-603.1 of the Code of Virginia (1950), as amended, the Employer desires to enter into an Agreement with the Plan Sponsor to permit participation in the Plan by its eligible employees; and WHEREAS, the Employer is an "eligible employer" within the meaning of Internal Revenue Code Section 457(e)(1)(A); and WHEREAS, the Employer, by a Resolution of its Governing Body, has directed its responsible official to enter into the Adoption Agreement. NOW, THEREFORE, in consideration of the premises herein, the parties agree as follows: 1) The Plan Sponsor represents and warrants to the Employer that it shall comply with all applicable laws affecting the Plan. 2) The Plan Sponsor represents to the Employer that it shall provide sufficient services to administer the Plan and to appropriately respond to inquiries by "eligible employees" and participants. 3) The Employer acknowledges and agrees to the terms and conditions established in the Trust and the Plan. vrsadoptdc 10/15/2013 21363130vl 4) For purposes of the Employer's participation in the Plan, "eligible employees" shall mean only those employees participating in the Hybrid Retirement Plan described in Section 51.1-169 of the Code of Virginia (1950). 5) The Employer shall permit the Plan Sponsor's third party administrator to conduct group and individual meetings for the purpose of explaining the Plan or enrolling "eligible employees" on the Employer's premises during normal working hours subject to such reasonable restrictions that the Employer communicates in writing to the Plan Sponsor and which are accepted by the Plan Sponsor. 6) The Employer shall be responsible for remitting contributions under the Plan to the Plan Sponsor's third party administrator in accordance with procedures promulgated by the Plan Sponsor or its third party administrator. The Employer shall be responsible for the correct reporting and withholding of employees' wages under United States and Virginia income tax laws. 7) The Employer shall be responsible for making the appropriate contributions (including associated matching contributions to another plan) required under Internal Revenue Service and Virginia Retirement System procedures to correct any failure (i) to inform an eligible employee of the opportunity to defer, (ii) to allow an eligible employee to defer, or (iii) to implement automatic enrollment, reenrollment, or an election or election change by an eligible employee. 8) Should the Employer offer its employees deferred compensation plans in addition to the Commonwealth of Virginia Plan as permitted under Section 51.1-603 of the Code of Virginia (1950), as amended, then the Employer is responsible for providing sufficient information on deferrals to all plans so that assurances can be made that no participants are exceeding the maximum deferral limits under Internal Revenue Code Section 457. Any "Corrective Distribution" for exceeding the deferral limits shall be made from the Employer's other deferred compensation plan(s) and not from the Commonwealth of Virginia Plan. 9) This Agreement may be amended from time to time by written agreement between the Plan Sponsor and the Employer. 10) The Terms of this Agreement shall be for a three year period beginning on the date of its execution, and thereafter may be terminated by either party upon 60 days written notice to the other party. vrsadoptdc 10/ 15/2013 213631300 IN WITNESS WHEREOF, the parties have caused the Agreement to be duly executed, intending to be bound thereby. Employer By: Title: Witness: Virginia Retirement System Title: Witness: Date: , 20 Date: 520 vrsadoptdc 10/15/2013 21363130v1 ADOPTION AGREEMENT GREAT -WEST RETIREMENT SERVICES SECTION 457(b) ELIGIBLE DEFERRED COMPENSATION PLAN FOR GOVERNMENTAL EMPLOYERS Adopted By: CITY OF VIRGINIA BEACH DEF COMP Employer CITY OF VIRGINIA BEACH DEFERRED COMPENSATION Plan Name GREAT -WEST RETIREMENT SERVICES SECTION 457(b) ELIGIBLE DEFERRED COMPENSATION PLAN FOR GOVERNMENTAL EMPLOYERS The Employer named below is a governmental "eligible employer" within the meaning of Code § 457(e)(1)(A) and hereby establishes (or, as applicable, amends and restates) a deferred compensation plan for eligible Employees as provided in this Adoption Agreement and the accompanying 2012 Great -West Retirement Services Section 457(b) Eligible Deferred Compensation Plan sample Basic Plan Document. A. EMPLOYER INFORMATION. 1. EMPLOYER'S NAME AND ADDRESS: CITY OF VIRGINIA BEACH DEF COMP 2424 COURTHOUSE DR., BLDG 18, SUITE 209 VIRGINIA BEACH, VA 23456 2. TELEPHONE NUMBER: 757-427-4301 3. TAX ID NUMBER: 62-1155456 4. NAME OF PLAN: CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN 5. NAME OF PLAN ADMINISTRATOR (the Employer unless another person(s) is appointed as set forth in Section 9.02 of the Plan): DAVID HARTZOG B. EFFECTIVE DATE. (Check box I OR box 2 and fill in the blank(s)) [ ] This is a new Plan having an effective date of the date the Employer executes this Adoption Agreement or, if later: 2. [ X ] This is an amended and restated Plan. The effective date of the original Plan was March 23, 1981 The effective date of the amended and restated Plan is the date the Employer executes this Adoption Agreement. 03/2012 Basic 457(b) Adoption Agreement 2 for Governmental Employers C. CUSTODY OF ASSETS. (Check each box that applies.) Internal Revenue Code ("Code") § 457(g) shall be satisfied by setting aside Plan assets for the exclusive benefit of Participants and Beneficiaries, as follows: [ ] in a Trust pursuant to the provisions of Article VII of the Plan. The Employer, or certain employees (or holders of certain positions with Employer) as named in this Adoption Agreement shall be the Trustee. Note: if the Employer is the Trustee, it is the responsibility of the Employer to determine that it has the authority under applicable law to act as Trustee. 2. [ ] in a Trust pursuant to a separate written trust agreement entered into between the Employer and the bank or trust company named in this Adoption Agreement. 3. [ X ] in one or more annuity contracts meeting the requirements of Code § 401(f). 4. [ X ] in a custodial account meeting the requirements of Code § 401(f), pursuant to a separate written agreement with the Custodian named in this Adoption Agreement. D. ELIGIBLE EMPLOYEES. (Check each box that applies.) "Employee" shall mean: 1. [ X ] any full-time employee 2. [ X ] any permanent part-time employee [ ] any seasonal, temporary or similar part-time employee 4. [ X ] any elected or appointed official [ ] any independent contractor 6. [ ] other employees: who performs services for and receives any type of compensation from the Employer (or any agency, department, subdivision or instrumentality of the Employer) for whom services are rendered. If Box DA. is not checked, elected or appointed officials will not be treated as Employees and will not be eligible to participate in the Plan, without regard to whether they are treated as common-law employees or independent contractors for other purposes. The following are the additional requirements or limitations, if any, for one or more of the specified class(es) of employees to be eligible to participate in the Plan: "Employee" shall not include those placed in the Virginia Retirement System ("VRS") Hybrid Program by General Assembly action (2012 Acts of Assembly C. 701). Specifically, the VRS Hybrid Program includes "non -hazardous duty local employees"* commencing employment on 03/2012 Basic 457(b) Adoption Agreement for Governmental Employers or after January 1, 2014; and employees in-service on December 31, 2013, who make a one-time, irrevocable election to participate in the VRS Hybrid Program. * "Hazardous Duty Local Employees" includes the following full-time positions: (i) law- enforcement positions comparably hazardous to that of a state police officer, including any sworn law-enforcement officer who has the duty and obligation to enforce the penal and traffic laws of the Commonwealth as directed by his superior officer; (ii) positions as full-time fire fighters; (iii) positions as full-time salaried emergency medical technicians; and (iv) sheriffs and sheriff deputies. E. PARTICIPANT LOANS. (Check Box I OR Box 2.) The Administrator MAY direct the Trustee to make Participant loans in accordance with Article IV of the Plan. 2. [ X ] The Administrator MAY NOT direct the Trustee to make Participant loans in accordance with Article IV of the Plan. F. DISTRIBUTION OF SMALL ACCOUNT BALANCES. (Check Box 1, 2 OR 3.) [ ] The Administrator SHALL direct the Trustee to distribute account balances of $1,000 or less meeting the requirements of Section 5.03(b) of the Plan without Participant consent. 2. [ ] The Administrator SHALL direct the Trustee to distribute account balances in excess of $1,000 but not exceeding $5,000 meeting the requirements of Section 5.03(b) of the Plan without Participant consent. 3. [ X ] The Administrator SHALL NOT direct the Trustee distribute any account balances without Participant consent. G. IN-SERVICE DE MINIMIS DISTRIBUTIONS. (Check Box 1, 2, 3 OR 4 ) [ ] The Administrator SHALL direct the Trustee to distribute account balances of $1,000 or less meeting the requirements of Section 5.04(b) of the Plan without Participant consent. [ ] The Administrator SHALL direct the Trustee to distribute account balances in excess of $1,000 but not exceeding $5,000 meeting the requirements of Section 5.04(b) of the Plan without Participant consent. [ X ] The Administrator SHALL NOT direct the Trustee to distribute any account balances without Participant consent. Administrator directs the Trustee to distribution any account balances with Participant consent meeting the requirements of Section 5.04(a) 4. [ ] The Administrator SHALL NOT direct the Trustee to distribute any account balances meeting the requirements of Section 5.04(a) or 5.04(b). 03/2012 Basic 457(b) Adoption Agreement for Governmental Employers H. ROLLOVERS. (Check each box that applies.) 1. [ X ] Rollovers from eligible Code § 457(b) plans SHALL BE allowed pursuant to Section 6.01 of the Plan. 2. [ X ] Rollovers from plans qualified under Code §§ 401(a), 401(k), 403(a) and 403(b) SHALL BE allowed pursuant to Section 6.01 of the Plan. 3. [ X ] Rollovers from Individual Retirement Accounts and Annuities described in Code §§ 408(a) and (b) SHALL BE allowed pursuant to Section 6.01 of the Plan. 4. [ ] If Box 1 of Section M is checked, eligible rollovers contributions of designated Roth contributions made from an applicable retirement plan described in §402A(e)(1) SHALL BE allowed. L QUALIFIED DOMESTIC RELATIONS ORDERS. (Check Box 1 OR Box 2.) [ X ] The Plan SHALL accept qualified domestic relations orders as provided in Section 13.02 of the Plan. 2. [ ] The Plan SHALL NOT accept qualified domestic relations orders as provided in Section 13.02 of the Plan. J. FICA REPLACEMENT ("3121") PLAN. Check each box that applies if this Plan is a retirement system providing FICA replacement retirement benefits pursuant to regulations under Code § 3121(b)(7)(F). 1. Eligible Employees (check each box that applies): a. [ ] full-time employees and/or b. [ ] part-time employees, and complete the following. 2. Contributions (check each box that applies and fill in the appropriate blank): a. [ ] The Employer shall make an annual contribution to each Participant's account equal to percent of such Participant's Compensation. b. [ ] Each Participant is required to make an annual contribution of percent of Compensation. (Note: The total percentage of a and b must equal at least 7.5%.) In the event that this Plan is a retirement system providing FICA replacement retirement benefits as described above, all references in the Plan Document to in-service distributions for De Minimis accounts, age 70 '/z and Unforeseeable Emergency distributions shall be null and void. In addition, Permissive Service Credit Transfers in Section 6.04 may not be made prior to Severance of Employment. 03/2012 Basic 457(b) Adoption Agreement 5 for Governmental Employers K. NONELECTIVE EMPLOYER CONTRIBUTIONS. (Note any Employer contribution will reduce, dollar for dollar, the amount a Participant can contribute.) (Check Box I OR Box 2 AND complete Box 3) 1. [ X ] The Employer will not make any nonelective employer contributions to the Plan. 2. [ ] The Employer will make nonelective employer contributions to the Plan. Such contributions are vested at 100% upon contribution to the plan for the following Eligible Employees: (Complete Box a, b or c.) a. [ ] all Eligible Employees checked in Section D. above and for the following amount $ b. [ ] only the following class(es) of Eligible Employees and amounts set forth below: C. [ ] to Eligible Employees selected by the employer in its sole discretion and in such amounts as the Employer may determine at its sole discretion. 3. Employees designated as eligible to receive nonelective employer contributions [ ] are [ ] are not required to complete enrollment forms in order to receive such contributions. L. AUTOMATIC ENROLLMENT. (Check Box I OR Box 2.) 1. [ ] Effective for Plan Years beginning on and after Plan will use an automatic enrollment feature. [ X ] This Plan will NOT use automatic enrollment. ROTH CONTRIBUTIONS. (Check Box 1 OR Box 2.) [ ] Participant Roth Contributions SHALL BE allowed after (Enter either January 1, 2011, or a date later than January 1, 2011.) [ X] Participant Roth Contributions SHALL NOT BE allowed. PAYMENT OPTIONS. (Check each box that applies) this The following forms of payment will be allowed under the Plan to the extent consistent with the limitations of Code § 401(a)(9) and proposed or final Treasury regulations thereunder. [ X] A single lump -sum payment; 03/2012 Basic 457(b) Adoption Agreement 6 for Governmental Employers [ X ] Installment payments for a period of years; [ X ] Partial lump -sum payment of a designated amount, with the balance payable in installment payments for a period of years; [ X ] Annuity payments (payable on a monthly, quarterly, or annual basis) for the lifetime of the Participant or for the lifetimes of the Participant and Beneficiary; [ X ] Such other forms of installment payments as may be approved by the Employer. [ X ] A Participant who is an eligible retired public safety officer, as defined under Code § 402(1)(4)(B), may elect to have distributions made directly to an insurer to pay qualified health insurance premiums for coverage for the eligible retired public safety officer, his/her spouse and dependents by an accident or health insurance plan or qualified long-term care insurance contract as defined in Code § 770313(b). O. IN -PLAN ROTH ROLLOVERS. (Check Box 1 OR Box 2.) If box 1 of Section M is checked, In -Plan Roth Rollovers SHALL BE allowed in accordance with Section 6.01 after _ or a date later than January 1, 2011.) 2. [ X ] In -Plan Roth Rollover SHALL NOT BE allowed. (Enter either January 1, 2011, This Adoption Agreement to the sample Basic Plan Document attached hereto is duly executed on behalf of the Employer by the undersigned authorized signors. 03/2012 Basic 457(b) Adoption Agreement for Governmental Employers The Employer further understands and acknowledges that: • The sample Basic Plan Document including this Adoption Agreement is a sample provided as a courtesy to the Employer and has not been approved by the Internal Revenue Service. Obtaining such approval, if desired by the Employer, is solely the responsibility of the Employer. • Great -West Retirement Services is not a party to the Plan and shall not be responsible for any tax or legal aspects of the Plan. The Employer assumes responsibility for these matters. • Employer has counseled to the extent necessary, with its own legal and tax advisors. • Great -West Retirement Services will send courtesy amendments for changes in applicable law to Employer's adopting this sample Basic Plan Document until a restated sample'Basic Plan Document is made available. We will cease providing amendments to prior versions of the sample Basic Plan Document and only those Employers adopting the restated sample Basic Plan Document will receive sample amendments. EMPLOYER'S AUTHORIZED SIGNORS: Title: Date: 03/2012 Basic 457(b) Adoption Agreement for Governmental Employers Title: Date: CUSTODIAN [Complete this section only if box CA. was checked.] Employer has elected to meet the trust requirement of Code § 457(g) by setting Plan assets aside for the exclusive benefit of Participants and Beneficiaries in a custodial account meeting the requirements of Code § 401(f) and satisfying Code §457(g)(3). The bank or trust company custodian named below shall be the "deemed trustee" of Plan assets held pursuant to the custodial agreement. Note: for a list of entities qualified to act as a custodian for this purpose, please refer to IRS Announcement 2007-47, or its successor. A. Effective January 1, 1999, the following named bank or trust company is hereby appointed as custodian of all or a portion of the assets of the Employer's § 457(b) Deferred Compensation Plan: Wells Fargo Bank B. INDWIDUAL(S) AUTHORIZED TO ISSUE INSTRUCTIONS TO CUSTODIAN/TRUSTEE: David Hartzog Patricia Phillips This appointment is duly signed on behalf of the Employer and the Custodian. ��►0", 0 7 [Signature] [Title] [Date] CUSTODIAN [Signature] [Title] [Date] 03/2012 Basic 457(b) Adoption Agreement for Governmental Employers CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting that the City of Virginia Beach Development Authority Explore the Potential for Development of the "Dome Site" and Adjacent Public Property for the Purpose of Enhancing the Resort Area and Improving the Economic Vitality of the City MEETING DATE: November 26, 2013 ■ Background: Since the City of Virginia Beach (the "City") demolished the former conference and entertainment facility at the Oceanfront, located between Pacific and Arctic Avenues and between 18th and 20th Streets (the "Dome Site"), the City has operated the Dome Site as a parking facility for the interim purpose of providing additional resort area parking, but with the primary goal of reserving the Dome Site for future development opportunities to enhance the resort area and the City as a whole. On July 17, 2007, City Council adopted a Resolution (RES -03260) requesting that the City of Virginia Beach Development Authority (the "Authority") explore the potential development of the Dome Site. As directed by City Council, the Authority issued an RFQ seeking qualified developers for development of the Dome Site. The Authority entered into an exclusive dealing agreement with a potential developer on July 30, 2008, but has been unable to reach an agreement for the development of the Dome Site with that developer. During the time the Authority has been engaged with the potential developer, the City has acquired the entire block ad.acent to the Dome Site (bounded by Baltic and Arctic Avenues and 19th and 20t Streets) and such property should be considered for development along with the Dome Site (collectively with the Dome Site, the "Dome Properties"). On December 2, 2008, the City adopted its Strategic Action Plan recognizing the Dome Site as the top City development priority in the resort area. Further, the Oceanfront Resort District Form Based Code was adopted by City Council on July 10, 2012 that would promote a mixed-use entertainment venue at the Dome Properties. ■ Considerations: A long-term goal of the City Council has been the development of an entertainment venue at the Dome Site. ■ Public Information: Advertisement of the City Council Agenda. ■ Recommendation: Request that the Authority seek a qualified development company and operator for an entertainment venue at the Dome Properties. Should such a developer and operator be located, the Authority is requested to enter into an exclusive dealing agreement for the purpose of negotiating terms and conditions of a development for consideration by the Authority and City Council. ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: S V . �"� I A RESOLUTION REQUESTING THAT THE CITY OF 2 VIRGINIA BEACH DEVELOPMENT AUTHORITY 3 EXPLORE THE POTENTIAL FOR DEVELOPMENT OF 4 THE "DOME SITE" AND ADJACENT PROPERTY FOR 5 THE PURPOSE OF ENHANCING THE RESORT 6 AREA AND IMPROVING THE ECONOMIC VITALITY 7 OF THE CITY 8 9 WHEREAS, since the City of Virginia Beach (the "City") demolished the former 10 conference and entertainment facility at the Oceanfront between Pacific and Arctic 11 Avenues and between 18th and 20th Streets (the "Dome Site"), the City has operated 12 the Dome Site as a parking facility for the interim purpose of providing additional resort 13 area parking, but with the primary goal of reserving the Dome Site for future 14 development opportunities to enhance the resort area and the City of Virginia Beach as 15 a whole; 16 17 WHEREAS, in addition to the Dome Site, the City owns the block bounded by 18 Baltic and Artic Avenues and 19th and 20th Streets, which is also available for 19 development in conjunction with the Dome Site (collectively with the Dome Site, the 20 "Dome Properties"); 21 22 WHEREAS, the City Council believes that the Dome Properties are a critical link 23 to the continued success of the City's resort industry and further believes that the Dome 24 Properties will best serve the City and the resort industry as an entertainment venue 25 with some associated mixed-use development; 26 27 WHEREAS, On July 17, 2007, City Council adopted a Resolution (RES -03260) 28 requesting that the City of Virginia Beach Development Authority (the "Authority") 29 explore the potential development of the Dome Site; 30 31 WHEREAS, as directed by City Council, the Authority issued its request for 32 qualifications seeking qualified developers for development of the Dome Site. On July 33 30, 2008, the Authority entered into an exclusive dealing agreement with a potential 34 developer, but has been unable to reach an agreement for the development of the 35 Dome Site with that developer; and 36 37 WHEREAS, City Council desires that the Authority again issue a request for 38 qualifications ("RFQ") for a possible developer/operator of the Dome Properties. 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 41 OF VIRGINIA BEACH: 42 43 1. The City Council requests that the City of Virginia Beach Development 44 Authority issue an RFQ to seek a qualified developer/operator for an entertainment 45 venue at the Dome Properties. 46 47 48 49 50 51 52 2. The City Council further requests and authorizes the Authority to enter into an exclusive dealing agreement with the selected developer/operator for the purpose of negotiating terms and conditions for development of the Dome Properties for consideration by the Authority and City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of 12013. APPROVED AS TO CONTENT: CA12746 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D001 \P016\00090118.doc R-1 November 20, 2013 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney �ltlA BFACl �. r� q ro CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the City of Virginia Beach to Re -Certify for Continued Participation in the Department of Criminal Justice Services' Certified Crime Prevention Community Program MEETING DATE: November 26, 2013 ■ Background: On April 13, 2010, City Council approved a resolution authorizing the City's re -certification for participation in the Virginia Department of Criminal Justice Services' ("DCJS") Certified Crime Prevention Community Program ("Program"). The Program encourages localities to develop and implement collaborative community safety plans. It also provides communities with an ongoing process to reassess and update their plans to address emerging community safety issues. The City initially obtained certification following adoption of a resolution in 2000. DCJS requires the City Council to pass a resolution authorizing the City to re -certify for continued participation in the Program. ■ Considerations: Re -certification will reinforce the City's commitment to providing a safe community and will demonstrate that the City continues to meet rigorous standards related to community safety. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachment: Resolution Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: - 1 A RESOLUTION AUTHORIZING THE CITY OF VIRGINIA 2 BEACH TO RE -CERTIFY FOR CONTINUED 3 PARTICIPATION IN THE DEPARTMENT OF CRIMINAL 4 JUSTICE SERVICES' CERTIFIED CRIME PREVENTION 5 COMMUNITY PROGRAM 6 WHEREAS, the Virginia Beach City Council supports maintaining the safety and 7 security of its citizens and the community at large to promote crime prevention, 8 9 WHEREAS, the City Council is prepared to continue its support toward 10 appropriate efforts within the community to continue promoting crime prevention and 11 community safety; 12 13 WHEREAS, the Department of Criminal Justice Services ("DCJS") offers 14 communities a "Certified Crime Prevention Community Program" ("Program"), which is 15 specifically designed to recognize Virginia communities committed to crime prevention 16 and community safety while providing a framework for those communities to institute 17 crime prevention at the local level which must be recertified every three years; 18 19 WHEREAS, before a locality can submit an application for participation in the 20 Program, the local governing body must adopt a resolution authorizing such 21 participation; and 22 23 WHEREAS, participation in the Program also requires a participating locality to 24 designate a local community crime prevention, or community safety, council or coalition. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. That City Council hereby authorizes the City of Virginia Beach ("City") to 30 participate in the Department of Criminal Justice Services' Certified Crime Prevention 31 Community Program, and authorizes the Police Department to take actions necessary 32 to meet the DCJS requirements for the City to be recertified as a Certified Crime 33 Prevention Community; and 34 35 2. That City Council hereby designates the Virginia Beach Crime Prevention 36 Steering Committee as the City's representative for the purpose of participating in the 37 Program. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 40 day of _, 2013. APPROVED AS TO CONTENT: Police Department CA12836 R-1 November 5, 2013 APPROVED AS TO LEGAL SUFFICIENCY: ��- MMR1% It CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the parcels located at 1532 New York Avenue (GPIN 2407-94-9675) and adjacent lot (GPIN 2407-94-9710) to be in excess of the City's needs and authorizing the City Manager to sell same to Murray Homes, Inc. and Richardson Homes, Inc. MEETING DATE: November 26, 2013 ■ Background: The City acquired 1532 New York Avenue and the adjacent lot (collectively, the "Property") as part of the APZ-1/Clear Zone Use and Acquisition Plan. At the time of acquisition, one of the parcels was developed with a single-family home and the other was vacant land. The two lots had the potential for four dwelling units. The APZ-1 Disposition Committee has evaluated the Property and determined that it would be preferable to keep the Property improved with residential use, as it is in the interior of a stable residential neighborhood (Oceana Gardens). A Request for Proposal (the "RFP") for one building site was advertised for two consecutive Sundays in The Virginian -Pilot as well as on the City of Virginia Beach website. Murray Homes, Inc. and Richardson Homes, Inc. were selected to develop the site. They will resubdivide the lots to vacate interior lot lines and build one single-family dwelling unit. ■ Considerations: Murray Homes, Inc. and Richardson Homes, Inc. are interested in purchasing the building site for total amount of $70,000. If the City retains these Properties, the City must pay to maintain the lots, an estimated annual cost of $630 per lot ($1,260 total). ■ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ■ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Properties subject to the terms and conditions in the attached Summary of Terms. ■ Revenue restriction: The City funded the acquisition of the Properties through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the Properties in the amount of $70,000 will be received and fifty percent (50%) of the amount will be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $35,000 retained by the City will be available for BRAC program acquisitions in future years, per agreement with the Commonwealth. ■ Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/Real Estate PAO 04 City City Manager. k - Z�� 1 AN ORDINANCE DECLARING THE PARCELS 2 LOCATED AT 1532 NEW YORK AVENUE (GPIN 3 2407-94-9675) AND ADJACENT LOT (GPIN 2407- 4 94-9710) TO BE IN EXCESS OF THE CITY'S 5 NEEDS AND AUTHORIZING THE CITY MANAGER 6 TO SELL SAME TO MURRAY HOMES, INC. AND 7 RICHARDSON HOMES, INC. s 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 10 certain parcels of land located at 1532 New York Avenue and adjacent lot (collectively, 11 the "Property"), more particularly described on Exhibit "A" attached hereto and made a 12 part hereof; 13 14 WHEREAS, the City acquired the Property pursuant to the APZ-1 15 Acquisition Program; 16 17 WHEREAS, the City funded the acquisition of the Property through a 18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 19 contributing fifty percent (50%) of the funds; 20 21 WHEREAS, City Council has elected to allow the reconstruction of one 22 single-family home on the Property in order to maintain the integrity of the 23 neighborhood; 24 25 WHEREAS, a Request for Proposal ("RFP") was advertised for the 26 potential sale of the Property; 27 28 WHEREAS, Murray Homes, Inc. ("Murray") and Richardson Homes, Inc. 29 ("Richardson") were respondents to the RFP; 30 31 WHEREAS, the APZ-1 Disposition Committee has recommended that City 32 Council declare the Property to be in excess of the City's needs and sell the Property to 33 Murray and Richardson; 34 35 WHEREAS, Murray and Richardson will build one new single-family home 36 on the Property to prescribed standards acceptable to the City, including elevated noise 37 attenuation and design criteria, and Murray and Richardson will thereafter convey the 38 improved Property to an owner -occupant; 39 40 WHEREAS, Murray and Richardson will purchase the Property in 41 accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part 42 hereof; and 43 44 WHEREAS, the City Council is of the opinion that the Property is in 45 excess of the needs of the City of Virginia Beach. 46 47 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 48 OF VIRGINIA BEACH, VIRGINIA: 49 so That the Property located at 1532 New York Avenue and adjacent lot is 51 hereby declared to be in excess of the needs of the City of Virginia Beach and that the 52 City Manager is hereby authorized to execute any documents necessary to convey the 53 Property to Murray Homes, Inc. and Richardson Homes, Inc. in accordance with the 54 Summary of Terms attached hereto as Exhibit "B" and such other terms, conditions or 55 modifications as may be acceptable to the City Manager and in a form deemed 56 satisfactory by the City Attorney. 57 58 Further, that the revenue from the sale of the Property in the amount of 59 $70,000 shall be received and fifty (50) percent of this amount shall be appropriated to 60 CIP #9-060, Oceana Interfacility Traffic Area Conformity and Acquisition, and fifty (50) 61 percent shall be deposited for future payment by the City Manager to refund the 62 Commonwealth's portion in accordance with the grant agreement. A manual 63 encumbrance will be established to ensure that the $35,000 retained by the City will be 64 available for BRAC program acquisitions in future years per the agreement with the 65 Commonwealth. 66 67 This ordinance shall be effective from the date of its adoption. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia, on the 70 day of , 2013. CA12749 R-1 11/06/13 APPROVED AS TO CONTENT � PUlic Works APPROVED AS TO LEGAL SUFFICIENCY City A o ney's OffidaJ APPROVED, A TO CONTENT �Manag e t Services EXHIBIT A LEGAL DESCRIPTIONS "Building Site: 1532 New York Avenue (GPIN 2407-94-9675) and adjacent lot (GPIN 2407-94-9710) PARCEL ONE: (2407-94-9675) - 1532 New York Avenue ALL THAT certain lot, piece or parcel of land, lying, situated and being in the Lynnhaven Borough of the City of Virginia Beach (formerly known as being in the Village of Oceana, Lynnhaven Magisterial District, Princess Anne County), Virginia, and designated and described on a survey of Block Number Six (6), of Oceana Gardens made by W. B. Gallup, County Surveyor, March 20, 1947, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 21, page 3, as the eastern ten feet (10') of Lot Twenty-three (23), and all of Lot Twenty —four (24), reference to said plat is hereby made for a more particular description of the said property. RESERVING UNTO THE CITY all right, title and interest of the Seller in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the above-described property. PARCEL TWO: (2407-94-9710) - vacant land adjacent to 1532 New York Avenue ALL THAT certain lot, piece or parcel of land, lying, situated and being in the Lynnhaven Borough of the City of Virginia Beach (formerly known as being in the Village of Oceana, Lynnhaven Magisterial District, Princess Anne County), Virginia, and designated and described on a survey of Block Number Six (6), of Oceana Gardens made by W. B. Gallup, County Surveyor, March 20, 1947, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 21, page 3, as the western forty feet (40') of Lot Twenty-three (23), and the eastern twenty feet (20') of Lot Twenty — two (22) taken as a whole the lots face sixty (60') feet on the north side of New York Avenue and extended back between parallel lines one hundred twenty-five feet (125'), reference to said plat is hereby made for a more particular description of the said property. RESERVING UNTO THE CITY all right, title and interest of the Seller in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the above-described property. IT BEING the same property conveyed to the City of Virginia Beach by deed dated July 25, 2011 from the estate of Franklin L. Marsh, Frederick T. Marsh and Paula Kay Marsh, his wife, and Everett L. Marsh and Elizabeth Anne Marsh, his wife, which deed was recorded in the aforesaid Clerk's Office on July 25, 2011 as an instrument number 20110725000744640. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1532 NEW YORK AVENUE (GPIN 2407-94-9675) AND ADJACENT LOT (GPIN 2407-94-9710) SELLER: City of Virginia Beach PURCHASER: Murray Homes, Inc. Richardson Homes, Inc. PROPERTY: Building Site: 1532 New York Avenue (GPIN 2407-94-9675) and adjacent Lot (GPIN 2407-94-9710) SALE PRICE: $70,000 CONDITIONS OF SALE • Property is purchased "As Is, Where Is." • Seller shall convey the property subject to a deed restriction preventing Buyer, or ultimate owner -occupant, from participation in the APZ-1 Acquisition Program. • Seller shall convey the building site with a plat restriction limiting the site to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on the building site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer, at its own cost, shall resubdivide the properties to vacate interior lot lines. • Purchaser shall deposit Five Thousand Dollars ($5,000.00) at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Use of City Property by the Westin Hotel for Valet Services MEETING DATE: November 26, 2013 ■ Background: The Town Center Project (the "Project") has been an ongoing priority of the City of Virginia Beach (the "City"). The Project is a mixed-use development with public parking located on -street, in two surface lots and in four parking garages. The on -street parking is owned by the City as right-of-way, and the surface lots and parking garages are owned by the City of Virginia Beach Development Authority (the "Authority"). The Westin Hotel at Town Center (the "Westin") offers valet parking for its guests (the "Valet Services"). While the valet stand itself is located on private property owned by the Westin, vehicles utilizing the Valet Services stop in the loading zone on Commerce Street in front of the Westin (the "Loading Zone"). The Loading Zone is not used exclusively for the Valet Services, but is also available to the public for short-term (not to exceed fifteen minutes) parking of vehicles for check-in at the Westin or other loading/unloading of vehicles. As a condition of its franchise agreement, the Westin has offered the Valet Services at the Loading Zone since 2007. This Ordinance is being brought before City Council to clarify and confirm that the Westin has permission to continue the use of the Loading Zone for Valet Services. ■ Consideration: The Valet Services are a valuable amenity to Town Center and the Westin, including the conference center at the Westin owned by the City of Virginia Beach Development Authority. ■ Public Information: The public hearing to authorize the use of the Loading Zone for the Valet Services was advertised in The Virginian -Pilot and in the advertisement of City Council Agenda. ■ Alternatives: Authorize the continued use of the Loading Zone for the Valet Services, decline to authorize the use or impose additional conditions on the use of the Loading Zone by the Westin. 0 Recommendations: Approval ■ Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Economic City Manager: Development 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE AUTHORIZING THE USE OF CITY PROPERTY BY THE WESTIN HOTEL FOR VALET SERVICES WHEREAS, the Town Center Project (the "Project") is an ongoing priority of the City of Virginia Beach (the "City"); WHEREAS, the Westin Hotel is located within the Project and operates as a full-service hotel and conference center. Among the services offered by the Westin Hotel are valet services with pick-up and drop-off in the loading zone on Commerce Street in front of the Westin Hotel (the "Loading Zone"); WHEREAS, the Westin Hotel's use of the Loading Zone for valet services does not prevent or preclude the use of the Loading Zone by the public for short-term (not to exceed fifteen minutes) storage of vehicles; and WHEREAS, the provision of valet services by the Westin Hotel is beneficial to the Project, including the conference center in the Westin Hotel, owned by the City of Virginia Beach Development Authority. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Westin Hotel, or its agent, is authorized to utilize the Loading Zone for the provision of valet services, so long as such use is not inconsistent with the public's use of the Loading Zone as permitted by law. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 2013. APPROVED AS TO CONTENT: Eco omic evelopment CA12760 \\vbgov. com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\D010\P018\00074036. DOC R-1 November 15, 2013 APPROVED AS TO L SUFFICIENCY: City Attorney -._.-.--•-•-•-•-•-•- •-------•----- 1 j I BLV 1 100-123 ! INDEPENDENCE BLVD 0 •P22 i I ! � 1 ....................... ' c -- • rlQ - --a 9) 4�- Gq v, -4 OL) O j a I O CD T 1001-119 m z O "'I m r j 1 I - lr • c r L� NJ t, I -a �4--� m > a Gi m ao CD O T 1001-119 m z O "'I m r O I lr c L� NJ t, -a �4--� m > a -------_ -y Q - m ao CD - -- - �C cil U'1 00 T 1001-119 m z O "'I m r ■ m - --- - -4 -� 4b -x i 0 CD CD Col- - - - - - - - d �- T ST 200 - 249 �– - — 66G OZ19l*]N I'd1N � 0 NJ t, -a �4--� > a -------_ -y Q - m ao CD - -- - �C ■ m - --- - -4 -� 4b -x i 0 CD CD Col- - - - - - - - d �- T ST 200 - 249 �– - — 66G OZ19l*]N I'd1N � 0 .a a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Five (5) Year Lease with Frank T. Mulcahy and Laura R. Mulcahy for Approximately 1.3 Acres of City - owned Land Located off Sheffield Drive in Pembroke Meadows MEETING DATE: November 26, 2013 ■ Background: The City of Virginia Beach (the "City") owns approximately 1.3 acres of land off Sheffield Drive in the Pembroke Meadows subdivision of Virginia Beach (GPIN: 1477-69-9678) (the "Premises"). The Premises is used by the City to access a spillway and perform maintenance needs for Lake Pembroke. Frank T. Mulcahy and Laura R. Mulcahy, husband and wife (the "Mulcahys"), own and reside on a lot of land adjacent to the Premises, and have leased the Premises from the City since December 2008. The Mulcahys use the Premises solely for passive recreation, picnic and neighborhood functions, and for civic league organization activities, and desire to continue leasing the Premises for the same purposes. ■ Considerations: The lease would be for a term of five (5) years commencing on December 1, 2013 and expiring November 30, 2018. The City has a thirty -day (30) termination clause in the event the City needs the land prior to the termination of the lease. The City will not be required to maintain the site during the term of the lease and will retain its right to use the Premises for access to the spillway, emergencies or other public necessity. ■ Public Information: Advertisement of Public Hearing in The Virginian -Pilot; Advertisement of City Council Agenda. ■ Alternatives: Approve lease as presented, change conditions of the lease, or deny leasing of the Premises. ■ Recommendations: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management Office PSD City Manager:�L, &" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE (5) YEAR LEASE WITH FRANK T. MULCAHY AND LAURA R. MULCAHY FOR APPROXIMATELY 1.3 ACRES OF CITY -OWNED LAND LOCATED OFF SHEFFIELD DRIVE IN PEMBROKE MEADOWS WHEREAS, the City of Virginia Beach (the "City") owns 1.3 acres of land located off Sheffield Drive in the Pembroke Meadows subdivision in Virginia Beach, Virginia (GPIN: 1477-69-9678) (the "Premises"); WHEREAS, the City's only use of the Premises is to access a spillway and serve the maintenance needs of Lake Pembroke; WHEREAS, Frank T. Mulcahy and Laura R. Mulcahy, husband and wife, (the "Mulcahys") own and reside on a lot adjacent to the Premises and have leased the Premises from the City since December 2008; WHEREAS, the Premises has been utilized by the Mulcahys for passive recreation, picnic and neighborhood functions and for civic league organization functions and for no other purpose; WHEREAS, the Mulcahys desire to continue leasing the Premises for the same purposes, and have agreed to pay the City $100.00 per year for the use of the Premises; and WHEREAS, the City would retain its rights to enter upon the Premises without prior notice to the Mulcahys for emergency or public necessity reasons. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for a term of five (5) years, between the Mulcahys and the City, for 1.3 acres of land located off Sheffield Drive in the Pembroke Meadows subdivision in Virginia Beach, in accordance with the Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2013. APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney CA12743 V:\applications\citylawprod\cycom32\ Wpdocs\D004\P003\00071477.DOC R-1 November 15, 2013 APPROVED AS TO CONTENT 4 "� Public Wor s / Fa ities Management EXHIBIT A SUMMARY OF TERMS Five (5) Year Lease with Frank T. Mulcahy and Laura R. Mulcahy for Approximately 1.3 Acres of City -owned Land Located off Sheffield Drive in Pembroke Meadows LESSOR: City of Virginia Beach (the "City") LESSEE: Frank T. Mulcahy and Laura R. Mulcahy PREMISES: 1.3 acre lot located in the Pembroke Meadows Subdivision in Virginia Beach, Virginia (GPIN 1477-69-9678) TERM: Five (5) years: 12/1/13 through 11/30/18 RENT: $100 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: Use leased property solely for passive recreation, picnic and other neighborhood functions and for civil league organization functions and for no other purpose. Maintain leased property. Purchase commercial general liability insurance. Pay all applicable personal property and leasehold taxes. RIGHTS AND RESPONSIBILITIES OF CITY: Reserve the right to grant easements and rights-of-way across or upon the leased property for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes. Reserve the right to enter upon the leased property without notice to the Mulcahys for access to the spillway and for emergency and public necessity purposes. TERMINATION: City may terminate the Lease by giving thirty (30) days' prior written notice. o ❑ ❑ O J r r� LCL C W x s M1 . CO M1 bo �tD 1 cL CD ❑ rJ . � J ;J' 07 W ' N I LO U- CL y W M1 O ;S w �. L17 . I -- CL W 0 ry= _ r -(n f M1 m 0 o � M _ r O f NO - a( T } O ❑ O ❑ C3 J W o r m x o w - M1 7 co CO coCO M1 � W . o r %r (� 7 -7. 7 f M1 co �� f O rr Q IV o ❑ ❑ O J r r� LCL C W x s M1 . CO M1 bo �tD 1 cL CD ❑ rJ . � J ;J' 07 W ' N I LO U- CL y W M1 O ;S w �. L17 . I -- CL W 0 ry= _ r -(n f M1 m } .r 1 a G W j LL W . o r %r xc= CD M1 co OD Q IV v m LO a- m H 0o U tr o ❑ CD J O ~ U CO LuCU o o c o a) L L CD Lu rn w oM1 X02 LU G rp coooaLL. o xa) LU m o = r - r o LO H U7 r.- U .. CD cO cu Dog O ❑ o J CD Cv W m O LL O �) W CO LL O W CD 0 J f LL XD pU r� O m C7 L.L t7) W rn W co S 1 U) r O O ❑ O i O CD LL ko LL O ❑ moo❑ CD� EL CD �U- LL *00U F- O L`aO i ui ❑ Q_ CL o ❑ ❑ O J r r� LCL C W x s M1 . CO M1 bo �tD 1 cL CD ❑ rJ . � J ;J' 07 W ' N I LO U- CL y W M1 O ;S w �. L17 . I -- CL W 0 ry= _ r -(n f M1 m } .r O CD . o r CD OD M1 m LO a- m x °i U .. CD cu Q� f J W n J CL W -. . - 0 �_ a t 6; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for up to 3 Years with Seasons Best Bakery, LLC for the Guard House Building Located at the Virginia Beach Farmers Market MEETING DATE: November 26, 2013 ■ Background: Seasons Best Bakery LLC ("Seasons Best") is an existing tenant of Space #10 in the Virginia Beach Farmers Market and would like to enter into a new lease with the City of Virginia Beach (the "City") for the Guard House building (the "Premises") consisting of 42 square feet. The Premises will be utilized for storage of dry goods, paper products, canned goods and related items, and for no other purpose. ■ Considerations: The term of the Lease is one (1) year with two renewal options for a term of one (1) each, exercisable by mutual agreement of the parties. The City has the right to terminate the lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Facilities Management City Manager: k , 0 -at \\vbgov.com\DF51\Applications\CityLa Prod\ com32\Wpdocs\D006\P017\00095542. DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 3 3 YEARS WITH SEASONS BEST BAKERY, LLC FOR 4 THE GUARD HOUSE BUILDING LOCATED AT THE 5 VIRGINIA BEACH FARMERS MARKET 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 8 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 9 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 10 11 WHEREAS, Seasons Best Bakery LLC ("Seasons Best") is an existing tenant of 12 Space #10 in the Farmers Market and would like to enter into a new lease with the City 13 for the Guard House Building (the "Premises") consisting of 42 square feet; 14 15 WHEREAS, the Premises will be utilized for storage of dry goods, paper 16 products, canned goods and related items, and for no other purpose; and 17 18 WHEREAS, Seasons Best has agreed to pay the City $100 per month ($1,200 19 per year) for the use of the Premises for the duration of the lease term. 20 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That the City Manager is hereby authorized to execute a lease for up to 3 years 25 between Seasons Best LLC and the City for the Premises, in accordance with the 26 Summary of Terms attached hereto, and such other terms, conditions or modifications 27 as may be acceptable to the City Manager and in a form deemed satisfactory by the 28 City Attorney. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 31 )2013. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorney i Public Wor /Facilities Management CA12759 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D006\P017\00095574.DOC R-1 November 15, 2013 SUMMARY OF TERMS LEASE FOR GUARD HOUSE BUILDING AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Seasons Best Bakery LLC PREMISES: Guard House Building consisting of 42 Sq. ft. TERM: Initial Term: December 1, 2013— November 30, 2014 Option Term 1 — December 1, 2014 — November 30, 2015 Option Term 2 — December 1, 2015 — November 30, 2016 RENT: Rent of $100 per month ($1,200 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for storage of dry goods, paper products, canned goods and related items, and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. • Provide water and sewer. • Provide electrical service unless Lessee has its own account with Dominion Power. TERMINATION: • Either party may terminate by giving (60) days' advance written notice. • City also has special right to terminate if necessary for a public purpose by giving thirty (30) days' advance written notice. • If Lessee's lease of Space #10 is terminated for any reason, this Lease shall automatically terminate simultaneously therewith. \\vbgov.com\DFS 1 \Application s\CityLawProd\cycom32\Wpd ors\D006\P017\00095544. DOC A4 �6 Organic Grocer 100 13 20 11 20 ' 13 24 1212 Rual Hertiage Ctr. 11 111 60 200 6 24 /40 316 7 3 1 0636 7/4 24 24 16 3 40 7 3 17 24 1 LOCATION MAP 80 Picnic 30 2400 8 \10 30 29 8 6 7 20 30/ O 21 6 9 / 31 1090 939 VIRGINIA BEACH FARMERS NLkRKET 960 939 163 24 7 317 (J� 40 24/ \ \ / 40 24 320 IN 5 5 PROPOSED LEASE AREA 980 / 24 40 \� 9 0 ,.28 35 Guard 40 \ House 4 5 24 35 4 5 42 Sq. Ftr p� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Franchise Agreement for the Use of Portions of Public Right -of -Way at Town Center for Valet Services MEETING DATE: November 26, 2013 ■ Background: The Town Center Project (the "Project") has been an ongoing priority of the City of Virginia Beach (the "City"). The Project is a mixed-use development with public parking located on -street, in two surface lots and in four parking garages. The on -street parking is owned by the City as right-of-way, and the surface lots and parking garages are owned by the City of Virginia Beach Development Authority (the "Authority"). On August 27, 2013, City Council approved a temporary valet parking agreement between the City, Divaris Property Management Corp., as property manager for the private elements of the Project, and Guardian Parking Management Services, LLC ("Guardian"), as valet services provider, for the provision of valet services at the Project ("Valet Services"). Guardian has been utilizing public parking spaces on Commerce and Market Streets as a valet stand. On September 5, 2013 City Staff solicited proposals for the provision of Valet Services at the Project on a long-term basis (the "Valet RFP"). An Evaluation Committee was formed to review the five responsive proposals. The Committee determined that Guardian's proposal was the most advantageous to the City, and recommended that the City award a franchise agreement for Valet Services at Town Center (the "Franchise Agreement") to Guardian. ■ Considerations: The term of the proposed Franchise Agreement is three (3) years, with two (2) one-year renewal options. The Franchise Agreement would include five (5) parking spaces on Commerce Street between Central Park Avenue and Market Street, a portion of the pick-up / drop-off area on Market Street in front of McCormick & Schmick's Seafood, and space on the sidewalk adjacent to said areas for signage and valet equipment. ■ Public Information: The Valet RFP was advertised in The Virginian -Pilot and on DemandStar.com. The public hearing for the award of the Franchise Agreement was advertised in The Virginian -Pilot. This matter was advertised in the City Council Agenda. ■ Alternatives: Approve terms of the Franchise Agreement as presented, alter terms of the Franchise Agreement, or decline to enter into the Franchise Agreement. ■ Recommendations: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager:" C— • C I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A FRANCHISE 3 AGREEMENT FOR THE USE OF PORTIONS 4 OF PUBLIC RIGHT-OF-WAY AT TOWN 5 CENTER FOR VALET SERVICES 6 7 WHEREAS, the Town Center Project (the "Project") is an ongoing priority 8 of the City of Virginia Beach (the "City"); 9 10 WHEREAS, on August 27, 2013, City Council approved a temporary valet 11 parking agreement between the City, Divaris Property Management Corp., as property 12 manager for the private elements of the Project, and Guardian Parking Management 13 Services, LLC ("Guardian"), as valet services provider, for the provision of valet services 14 at the Project ("Valet Services"); 15 16 WHEREAS, on September 5, 2013, City staff issued a request for 17 proposals to find a long-term provider of Valet Services and to formalize the approval of 18 the use of public property for the provision of Valet Services at the Project (the "RFP"); 19 and 20 21 WHEREAS, the proposals received in response to the RFP were 22 evaluated, and City staff has determined that the proposal submitted by Guardian 23 would be the most advantageous to the City; and 24 25 WHEREAS, City staff recommends awarding a franchise for Valet 26 Services at Town Center to Guardian (the "Franchise Agreement"). 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager, or his designee, is hereby authorized to execute a 32 Franchise Agreement with Guardian, in accordance with the Summary of Terms 33 attached hereto as Exhibit A and made a part hereof, and such other terms, conditions, 34 and modifications as may be acceptable to the City Manager and in a form deemed 35 satisfactory by the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on this 38 day of 12013. APPROVED AS TO CONTENT: APPROVED AS TO L SUFFICIENCY: Eco dor6ic B.velopment City Attorney CA12757 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D010\P018\00074036. DOC R-1 November 15, 2013 EXHIBIT A SUMMARY OF TERMS TOWN CENTER — VALET FRANCHISE AGREEMENT FRANCHISOR: FRANCHISEE: PREMISES (VALET AREA): TERM: FRANCHISE FEE: City of Virginia Beach Guardian Parking Management Services, LLC 1) Five (5) parking spaces on Commerce Street between Central Park Avenue and Market Street 2) A portion of the pick-up / drop-off area on Market Street in front of McCormick & Schmick's Seafood 3) Associated space on the sidewalk adjacent to the parking areas listed above for signage and valet equipment Three (3) years (12/1/13 through 11/30/16), with two (2) one-year renewal options $24,300 annually (payable in monthly installments of $2,025) RIGHTS AND RESPONSIBILITIES OF FRANCHISEE: • Use the Premises for the provision of valet services, and for no other purpose, between 5:00 p.m. and 12:00 midnight daily. Keep sidewalks and streets adjacent to the Premises clean and free from trash and debris. • Indemnify the Franchisor for any and all damages to persons and property in connection with the performance of valet services. Maintain all appropriate licenses and insurance required by state and local codes. Pay all applicable personal property and leasehold taxes. RIGHTS AND RESPONSIBILITIES OF FRANCHISOR: • Have access to the Premises at any time, without prior notice, in the event of an emergency. • Maintain the right to grant easements and rights-of-way across, in, under and through the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: • The City may terminate the agreement upon thirty (30) days' written notice, for any reason. ■ ■ ■ ■ D ■ r m M -- da -- �,� ��V�% D 0 O m X m T z 6 l - 00 G SAV Nli Vd -1"iN-�30 O X R w Cil 3 ■ `4 00 D cn ■ 11, I IV14AM ■ svy'N'" 2 �u S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Bass Inlet -East, located at the rear of 2884 Bluebill Drive, for property owners Dale A. Lister and Kimberly A. Lister MEETING DATE: November 26, 2013 ■ Background: Dale A. Lister and Kimberly A. Lister have requested permission to maintain two (2) existing fixed wood piers, a wooden bulkhead and construct and maintain a 5' X 7' pier addition, 5'X 23' pier with a 13'X 18' L -Head, a 12'X 12' vertical boat lift and a 8' X 8' personal watercraft lift into a portion of City property known as Bass Inlet -East, located at the rear of 2884 Bluebill Drive. There are similar encroachments in Sandbridge Shores, which is where Mr. and Mrs. Lister have requested to encroach. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environment and Sustainability Office. Staff is of the professional opinion that the full 15 -foot -wide vegetated riparian buffer area cannot be established on the property. Therefore, the applicant shall make a ONE THOUSAND TWO HUNDRED FIFTY FOUR DOLLAR ($1,254.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the riparian buffer area that cannot be established on the applicant's property. This payment will be used to restore buffer areas on other City -owned property. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY KNOWN AS BASS INLET - EAST, LOCATED AT THE REAR OF 2884 BLUEBILL DRIVE, FOR PROPERTY OWNERS DALE A. LISTER AND KIMBERLY A. LISTER WHEREAS, Dale A. Lister and Kimberly A. Lister desire to maintain two (2) existing fixed wood piers, a wooden bulkhead and to construct and maintain a 5' X 7' pier addition, 5'X 23' pier with a 13'X 18' L -Head, a 12'X 12' vertical boat lift and a 8'X 8' personal watercraft lift upon a portion of City property known as Bass Inlet -East, located at the rear of 2884 Bluebill Drive, in the City of Virginia Beach, Virginia; and WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Dale A. Lister and Kimberly A. Lister, their heirs, assigns and successors in title are authorized to maintain temporary encroachments for two (2) existing fixed wood piers, a wooden bulkhead and to construct and maintain a 5'X 7' pier addition, 5'X 23' pier with a 13' X 18' L -Head, a 12' X 12' vertical boat lift and a personal watercraft lift in a portion of existing City property known as Bass Inlet -East, as shown on the map marked Exhibit "A" and entitled: "ENCROACHMENT REQUEST —'EXHIBIT A' FOR DALE A. and KIMBERLY A. LISTER LOT 23, SANDBRIDGE SHORES, SECTION 1A, SOUTH AREA PRINCESS ANNE CO., VA (M.B. 72, PG. 2) SANDBRIDGE DISTRICT DATE: MARCH 10, 2013 SCALE: 1" = 30'," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Dale A. Lister and Kimberly A. Lister (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and 45 46 47 48 49 50 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such time as Dale A. Lister and Kimberly A. Lister and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. CA -12562 R-1 PREPARED: 11/5/13 APPROVED AS TO CONTENTS n PU&IC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM AS E CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 4th day of October, 2013, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DALE A. LISTER and KIMBERLY A. LISTER, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 23", as shown on that certain plat entitled: "SANDBRIDGE SHORES, SECTION 1A - SOUTH AREA PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA. Scale: 1" = 100' Feb. 14, 1966 Rev. March 13, 1967", prepared by PALMER L. SMITH, C.L.S. VIRGINIA BEACH, VA., and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 72, at page 2, and being further designated, known, and described as 2884 Bluebill Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to maintain two (2) existing fixed wood piers, a wooden bulkhead and to construct and maintain a 5' X 7' pier addition, 5'X 23' pier with a 13' X 18' L -Head, a 12' X 12' vertical boat lift and a 8' X 8' personal watercraft (PWC) lift, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN: 2433-33-0267-0000; (CITY PROPERTY KNOWN AS BASS INLET - EAST) 2433-34-3442-0000; (2884 Bluebill Drive) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City property known as Bass Inlet -East, located at the rear of 2884 Bluebill Drive, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT REQUEST —'EXHIBIT A' FOR DALE A. and KIMBERLY A. LISTER LOT 23, SANDBRIDGE SHORES, SECTION 1A, SOUTH AREA PRINCESS ANNE CO., VA (M.B. 72, PG. 2) SANDBRIDGE DISTRICT DATE: OCTOBER 28, 2013 SCALE: 1" = 30'," prepared by GREGORY O. MILSTEAD, PROFESSIONAL ENGINEER, for WATERFRONT CONSULTING INC., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a ONE THOUSAND TWO HUNDRED FIFTY FOUR DOLLAR ($1,254.00) payment, $ payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the typically required 15 -foot -wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City - owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built' plans of the Temporary Encroachments sealed by a registered professional engineer, if required 4 by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Dale A. Lister and Kimberly A. Lister, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2013, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2013, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: 0 Notary Public (SEAL) By=ql,A " a Kimberly . Lister, Owner STATE OF VG, CITY/ OFVI )ACC to -wit: The foregoing instrument was acknowledged before me this W -h day of 0*ham , 2013, by Dale A. Lister. '/' &J�_= (SEAL) Notary Public Notary Registration Number: 1gZglZ- My Commission Expires: 5` 3 BRENDA T HAGER Notary Public Commonwealth of Virginia 102912 My Commission Expires May 31, 2015 STATE OF ISe, CITY/SOF I/i ant& eco , to -wit: The foregoing instrument was acknowledged before me this day of �C�phPi✓ , 2013, by Kimberly A. Lister. - J � (SEAL) Notary Public Notary Registration Number: My Commission Expires )f 3/-,201�6' 7 BRENDA T HAGER Notary Public Commonwealth of Virginia 192012 My Commission Expires May 31, 2015 APPROVED AS TO CONTENTS / 111 �j m Pir." Pb) Rall Etr t DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM DA EYtk, SOCIAT CITY ATTORNEY N BASS INLET MHW AT EX. BLKD. EX. FIXED WOOD —FLOOD�EBB-� PIER (HATCHED) S 79'17'00" W 76.95' —.—..—MLW -- EX. WOOD BULKHEAD I r� LOT 23 G P I N 2433-34-3442 I�2 INST. 20110627000641160 Li PROPOSED 0 PROPOSED o LOT 24 6'. N/F L. LOUNSBURY WATERCRAFT PROPOSED 2433-34-2345 LIFT I PIER, PIER ADDITION $ INST. 20061103001673500 AND BOAT LIFTS J 13' I PROPOSED 00 PIER N l ^ I �1,TH OF 23 1 �' PROPOSED BOAT LIFT f to EX. FIXED WOOD GREGORY 0. MILSTEAD PIER (HATCHED) 7' Lic. No. 047323 1 i MAR. 10, 2013 26.7' EX. RAMP PROPOSED SS10NAL E� \e PIER ADDITION 3 \e S 8s 07 04 E R=50.00' X37.69, L=42.62' LOT 22 PLAN VIEW N/F J. CROWLEY 2433-34-2592 BLUEBILL 0 30' 60' INST. 20120831001005530 DRIVE (50) 1"=30' © 2012 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. WATERFRONT ENCROACHMENT REQUEST -'EXHIBIT A' CONSULTING FOR INC. 1112 JENSEN DRIVE, S. 206 DALE A. and KIMBERLY A. LISTER VIRGINIA BEACH, VA 23451 PH: (757) 425-8244 FAX: (757) 216-8687 LOT 23, SANDBRIDGE SHORES, SECTION 1A, SOUTH AREA PRINCESS ANNE CO., VA (M.B. 72, PG. 2) ENGINEERING SERVICES PROVIDED BY. GREGORY O. MILSTEAD (757) 575-3715 SANDBRIDGE DISTRCIT DATE- OCTOBER 2B 2013 J. PLANNING 1. Application of LIN -CON, LLC for a Variance to the Subdivision Regulations, Section 4.4(b) of the City Zoning Ordinance (CZO) to correct a subdivision created by Deed at Old Great Neck Road DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 2. Ordinances to EXTEND Compliance re satisfying conditions for Street Closures a. The Runnymede Corporation for an unimproved portion of Cleveland Street DISTRICT 2 — KEMPSVILLE b. Rosemont Interstate Center, LLC for the remaining part of "A" Avenue at the intersection with Sentara Way DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 3. Application of 493 S. INDEPENDENCE BLVD, LLC for a Conditional Use Permit re an automated car wash at 493 South Independence Boulevard DISTRICT 2 — KEMPSVILLE DEFERRED INDEFINITELY RECOMMENDATION 4. Applications of MILLER HOLDING II, LLC at 4877 Shore Drive DISTRICT 4 — BAYSIDE a. Conditional Change of Zoning, from B-2 Community Business to Conditional B-4 Mixed -Use b. Conditional Use Permit re multi -family dwellings STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION 5. Ordinances of the CITY OF VIRGINIA BEACH re Floodplains: a. Statutory Authorization and Purpose b. Applicability C. Definitions d. Compliance and Liability e. Records f. Abrogation and Restrictions g. Severability h. Administration i. Jurisdictional Boundaries j. Appeals k. District Descriptions 1. Elevation and Construction Requirements SEPTEMBER 24, 2013 APPROVAL DENIAL APPROVAL M. Floodways/AE zones n. Existing Structures o. Variances and Appeals P. Application Process q. Repeal Sec. 5B re: Site Plans r. Stormwater Management S. Southern Watersheds t. Chesapeake Bay Preservation Area U. Transition Area Rules 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, November 26, 2013, at 6:00 P.M., at which time a Public Hearing to consider the following applications will be held: CITY OF VIRGINIA BEACH Ordinance to Adopt Appendix K, Floodplain Ordinance, to the City Code Pertaining to Floodplain Districts, Permits, Variance Conditions, and Enforcement. Ordinance to Amend Appendix D, Stormwater Management, Section 4 (Definitions and Floodplains) and Section 9 (Design Criteria and Floodplains). Ordinance to Amend Appendix G, Southern Watersheds Management Ordinance, Section 4 (Definitions and Floodplains), Section 7 (Performance Standards and Floodplains), Section 8 (Design Criteria and Floodplains) and Section 9 (the Southern Watersheds Management Plan and Floodplains). Ordinance Establishing Transition Rules for the Review of Site Plans, Subdivision Plats and other Plans of Development for Property in the Floodplain. Ordinance to Amend the City Zoning Ordinance Section 111 Pertaining to Floodplain Definitions, Section 200 Pertaining to Height and Floodplains, Section 238 Pertaining to Mobile Homes and Floodplains, Section 240 Pertaining to Recreational Campgrounds and Floodplains, Section 1124 Pertaining to Plan Development, PD -H2 and Floodplains, and Section 2105 Workforce Housing and Floodplains. Ordinance to Delete Section 5B of Appendix C, Site Plan Ordinance and Amend Section 1.17 Pertaining to Definitions and Floodplains and Section 4 Pertaining to Information on Site Development Plans and Floodplains. Ordinance to Amend Section 103 of Appendix F, Chesapeake Bay Preservation Area Ordinance Pertaining to Definitions and Floodplains. Ordinance to Amend Appendix B, Subdivision Ordinance Section 1.5 Pertaining to Floodplains, Section 4.4 Pertaining to Lots and Floodplains, Section 6.1 Pertaining to Preliminary Plats and Data and Floodplains, and Section 6.3 Pertaining to Final Plats and Data and Floodplains. DISTRICT 5 — LYNNHAVEN Application of LIN -CON, LLC: Variance to Section 4.4(b) of the Subdivision Regulations, which requires that all lots meet the regulations of the Zoning Ordinance (proposed parcel does not meet minimum lot width requirement) at Old Great Neck Road (GPIN 1497975840). BAYSIDE DISTRICT Application of Miller Holding Il, LLC: Conditional Changg of Zoning from B-2 Community Business to Conditional B-4 Mixed -Use to construct six (6) apartments (two (2) buildings with three (3) units in each building). Comprehensive Plan: Suburban Focus Area (SFA) 1 - Shore Drive Corridor. Proposed Density is 11.8 units per acre. Conditional Use Permit for Multi -Family Dwellings at 4877 Shore Drive (GPIN 1479372442). KEMPSVILLE DISTRICT 493 S. Independence Blvd, LLC./SMO, INC. Application: Conditional Use Permit for an automated car wash at 493 S. Independence Boulevard (GPIN 1476680993). Indefinitely deferred by City Council on September 24, 2013. 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 httD;//www.vbgov.com/e 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 NOV 10 & 17, 2013 23813620 N � o � � �� o g o o' n �o o a d°a � y N � 1 4f y H f0 C 4 ,� v/' �, ^� W v, r` s n x yO� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LIN -CON, LLC (Applicant / Owner), Variance to Section 4.4(b) of the Subdivision Regulations, which requires that all lots meet the regulations of the Zoning Ordinance (proposed parcel does not meet minimum lot width requirement). Old Great Neck Road (GPIN 1497975840). COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: November 26, 2013 ■ Background: The subject site is zoned R-10 Residential District. It contains 36,669.70 square feet and is undeveloped. This site is the result of a subdivision by deed that occurred in 1969. On October 17, 1969 a 15,507 square foot parcel was conveyed by deed without the benefit of a subdivision plat, as required, from an existing 52,176.70 square foot parcel. The result of that conveyance was a 'flag lot' shaped residual parcel that did not meet the minimum lot width requirement of the zoning district at that time (RS -3 Residence Suburban District). The RS -3 District required a minimum 80 -foot lot width; instead, a 28.26- foot lot width was established. The 15,507 square foot parcel met the minimum lot area requirement of the old RS -3 District. ■ Considerations: The applicant's purpose in requesting a variance is to correct a subdivision created by deed. The variance will result in a flag lot; however, this is not a result that will be recurring in nature in this area, as only the adjacent parcel to the southwest is similar enough in lot area and shape that there is the potential for a similar variance being requested. Moreover, the two sites are the only ones in the area that have sufficient lot area to meet the requirements for an additional building site. Accordingly, the creation of flag lots on the subject parcel would not be detrimental to the surrounding area. The proposed use of the lot for a single- family dwelling is compatible with the surrounding residential land uses and would ensure the preservation of neighborhood quality, which one of the Comprehensive Plan's primary planning principles for the Suburban Area. 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 condition: Lin -Con, LLC Page 2of2 The subject site shall be plated substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Property of Lin -Con, LLC"; dated July 10, 2013 and prepared by Gallup Surveyors and Engineers, Ltd. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. Sk, ZY)-- MACH K October 9, 2013 Public Hearing APPLICANT/PROPERTY OWNER: LIN -CON, L.L.C. STAFF PLANNER: Ray Odom REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all newly created lots meet all the requirements of the City Zoning Ordinance ADDRESS / DESCRIPTION: 465 Old Great Neck Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14979758400000 BEACH 36,669.70 square feet >75 dB DNL BACKGROUND / DETAILS OF PROPOSAL The subject site is zoned R-10 Residential District. It contains 36,669.70 square feet and is undeveloped. This site is the result of a subdivision by deed that occurred in 1969. On October 17, 1969 a 15,507 square foot parcel was conveyed by deed without the benefit of a subdivision plat, as required, from an existing 52,176.70 square foot parcel. The result of that conveyance was a 'flag lot' shaped residual parcel that did not meet the minimum lot width requirement of the zoning district at that time (RS -3 Residence Suburban District). The RS -3 District required a minimum 80 -foot lot width; instead, a 28.26 - foot lot width was established. The 15,507 square foot parcel met the minimum lot area requirement of the old RS -3 District. It is the intent of the applicant to legally establish the subject site by recording a subdivision plat, for the purpose of constructing a single-family dwelling. The R-10 Residential District requires the same 80 -foot minimum lot width requirement as did the former RS -3 District. As indicated, this site only has a 28.26 foot lot width; therefore, a variance to the minimum lot width requirement must be obtained prior to the plat being approved and recorded. The current owner of the adjoining 15,507 square foot parcel has contacted staff concerning this request. Staff suggested that they be a party to the subdivision plat in order to legally establish their parcel. A LIN -CON, L.L.C. Agenda Item 3 Page 1 Lin -Con L.L.C. RIO R10" 02 ��, 1 QZ dn 0 11'! R10 4� Y "I es z �t�t3 A1�1 R't0 jI A18 O S' ~mow tea. BZ AP n 5 K October 9, 2013 Public Hearing APPLICANT/PROPERTY OWNER: LIN -CON, L.L.C. STAFF PLANNER: Ray Odom REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all newly created lots meet all the requirements of the City Zoning Ordinance ADDRESS / DESCRIPTION: 465 Old Great Neck Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14979758400000 BEACH 36,669.70 square feet >75 dB DNL BACKGROUND / DETAILS OF PROPOSAL The subject site is zoned R-10 Residential District. It contains 36,669.70 square feet and is undeveloped. This site is the result of a subdivision by deed that occurred in 1969. On October 17, 1969 a 15,507 square foot parcel was conveyed by deed without the benefit of a subdivision plat, as required, from an existing 52,176.70 square foot parcel. The result of that conveyance was a 'flag lot' shaped residual parcel that did not meet the minimum lot width requirement of the zoning district at that time (RS -3 Residence Suburban District). The RS -3 District required a minimum 80 -foot lot width; instead, a 28.26 - foot lot width was established. The 15,507 square foot parcel met the minimum lot area requirement of the old RS -3 District. It is the intent of the applicant to legally establish the subject site by recording a subdivision plat, for the purpose of constructing a single-family dwelling. The R-10 Residential District requires the same 80 -foot minimum lot width requirement as did the former RS -3 District. As indicated, this site only has a 28.26 foot lot width; therefore, a variance to the minimum lot width requirement must be obtained prior to the plat being approved and recorded. The current owner of the adjoining 15,507 square foot parcel has contacted staff concerning this request. Staff suggested that they be a party to the subdivision plat in order to legally establish their parcel. A LIN -CON, L.L.C. Agenda Item 3 Page 1 variance is not required for that parcel, as it meets the minimum lot width and lot area requirements of the R-10 Residential District. Of note is that the adjoining parcel to the southwest is similar in size (44,210 square feet) and configuration, and could at some point in the future, also request a variance to lot width for the purpose of creating a flag lot. KM Lot C Lot Width in feet 80 28.26" Lot Area insquare feet 10,000 36,669.70 *Variance required LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Single-family homes / R-10 Residential District USE AND ZONING: South: . Single-family homes / R-10 Residential District East: . Old Great Neck Road / City park / multi -family dwellings / B-2 Community Business District / A-18 Apartment District West: . Single-family homes / R-10 Residential District COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surrounding uses. IMPACT ON CITY SERVICES WATER: This site must connect to City water. There is an 8 inch City water line in Old Great Neck Road. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #255 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 inch City sanitary sewer in Old Great Neck Road. Section 9.3 of the Subdivision Ordinance states: LIN=CON, L L.C., ,Agenda Item 3 Page 2 No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION The applicant's purpose in requesting a variance is to correct a subdivision created by deed. The variance will result in a flag lot; however, this is not a result that will be recurring in nature in this area, as only the adjacent parcel to the southwest is similar enough in lot area and shape that there is the potential for a similar variance being requested. Moreover, the two sites are the only ones in the area that have sufficient lot area to meet the requirements for an additional building site. Accordingly, the creation of flag lots on the subject parcel would not be detrimental to the surrounding area. The proposed use of the lot for a single-family dwelling is compatible with the surrounding residential land uses and would ensure the preservation of neighborhood quality, which one of the Comprehensive Plan's primary planning principles for the Suburban Area. Staff recommends approval of this request with the condition below. CONDITION The subject site shall be plated substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Property of Lin -Con, LLC"; dated July 10, 2013 and prepared by Gallup Surveyors and Engineers, Ltd. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. LIWCON, L" C. Agenda Item 3 Page 3 µIA 0 0 m •e °�►Aoo z �I z I c R js $ z o$ r � �Wru �m� SIBS/ w J K S Z o - � /�'• / I Moe` �� 3�s / 20 Ha µIA 0 0 m •e °�►Aoo S R js $ z o$ r � ell U J K S Z o µIA 0 0 m •e °�►Aoo RR! i�JB� js $ z ., 1p Ka S 8 56 SUR: M w a=� a � F � 43 , (05r( I ( r�,rrosmz —11 M/a ,OS) 311x0 1nN� � a3une PROPOSED SUBDIVISION PLAN LIN -CON, L.L.C.? Agenda Item 3 2 Page 5 2 'S a.r�.rSA BEACH 1-6 t to Ci ' Zoning with Conditions Proffers, Open Space Promotion or PDN -2 Overlays Mr • A"r T T is L111—l.Ull, LOIJA,• 1 do_ a Y R LU LJ r Q , ul OV ��MeKDs (� OVICKENVALLEI'I[D 18 0 °t %a- z tJA' 4,oSID . _ =r nAMDQ AP ZONING HISTORY Subdivision Variance # DATE REQUEST ACTION 1 02/25/1992 Subdivision Variance (minimum lot width) / Conditional Use Permit Withdrawn roup home LIN -CON, L.L.C. Agenda Item 3 Page 6 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) TODD JARED -SOLE MEMBER 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 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) 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. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT LIN -CON, L.L.C. Agenda Item 3 Page 7 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) GALLUP SURVEYORS & ENGINEERS, LTD. GOVERNMENTAL PERMITTING CONSULTANT ' "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. 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. *CQ Applicants Sign tur TODD JARED Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT LIN -CON, L.L.C. Agenda Item 3 Page 8 Item 3 LIN -CON, L.L.C. Variance to Section 4.4(b) of the Subdivision Regulations 465 Old Great Neck Road District 5 Lynnhaven October 9, 2013 CONSENT An application of LIN -CON, L.L.C. for a Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all newly created lots meet all the requirements of the City Zoning Ordinance on property located at 465 Old Great Neck Road, District 5, Lynnhaven. GPIN: 1497975840000. CONDITIONS The subject site shall be plated substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Property of Lin -Con, LLC'; dated July 10, 2013 and prepared by Gallup Surveyors and Engineers, Ltd. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. A motion was made by David Redmond and seconded by Chris Felton to approve item 3. By a vote of 10-0, the Commission approved item 3 by consent. Billy Garrington appeared before the Commission on behalf of the applicant. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 3 by consent. Billy Garrington appeared before the Commission on behalf of the applicant. Exhibit "A" LOCATION MAP RWAK CATP4XiC V1 'Sr OF KWON (aa 2774 pc. vl-3) LOT A-1 (Y.5. 2,57, PG- 90) OPW f467-56-7.211 ApKoxTUATt 3o' RAW WATEP LW $a�VT-tom WAY OF LWsPEt ED K. ,?; BM, � SOCA TO 3t]" Ca(fRf: 77- YPATR T AiR'ATr- Dpr;t r KENT. USA RL CV? 29l8, Pll ice;, (XB- 218, Runnymede Property 0 - ori OF VA BEACP (NSM. 2011MNMU4130) 20110203 00:2MR) No CRM ,4UOM6 0 Fj L=35.201 l M�n Runnymede a 5 .' Property t' QTY LT WAWA B'A�H GPIN 1;467 'x'IL' *SE i f' 2 ts?S SCA rr VIER MAW � (DR 730) TeiER+4WNEX CO �,aTrW- (HWY, P.B. 3A Pa 351, J:51A a S51B) PAPC% 8 DENOTES PORTION OF CL£tELAMI) jP457--5-61 8-0 STREET TO BE CLOSED, SEE SHEET 2 OF 2 FOR CUF:"= TABLE 9 Wvdnr A poRIMI OF JE ,. O N 4+,l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance extending the date for satisfying the conditions in the matter of closing an unimproved portion of Cleveland Street (DISTRICT 2 — KEMPSVILLE) MEETING DATE: November 26, 2013 ■ Background: On June 13, 2012, the Planning Commission passed a motion recommending that City Council approve a request by The Runnymede Corporation ("Applicant") to close a 60 -foot wide unimproved portion of Cleveland Street located between the existing cul-de-sac terminus of Cleveland Street west of its intersection with Clearfield Avenue and a former borrow pit (now lake) owned by the City of Virginia Beach. On July 2, 2012, by Ordinance ORD -3245A, City Council approved the Applicant's request, subject to the following conditions being met by July 2, 2013: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The Applicant shall enter into an Exchange Agreement with the City to convey a portion of its property, of approximately the same size as the property subject to this street closure, to the City at no cost. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The Applicant shall dedicate a variable width permanent public utility easement and a variable width temporary construction easement along the southernmost portion of Applicant's adjacent parcel (GPIN 1467-55-6189), as established by the Department of Public Works and satisfactory to the City Attorney. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. On June 25, 2013, City Council adopted an Ordinance (ORD -3296A) to allow a six (6) month extension of time to satisfy the conditions to the aforesaid street closure action. That extension expires on December 24, 2013. On October 22, 2013, the Applicant requested an additional one year to meet the conditions set forth in Ordinance ORD -3245A, so that it could conclude the Exchange of Property as required under the Ordinance. Staff has concluded that the request for additional time is reasonable. ■ Recommendations: Allow an extension of one year for satisfaction of the conditions. ■ Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Planning Department City Manager. k , �6 Cal_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 AN ORDINANCE EXTENDING THE DATE FOR SATISFYING THE CONDITIONS IN THE MATTER OF CLOSING AN UNIMPROVED PORTION OF CLEVELAND STREET (DISTRICT 2 — KEMPSVILLE) WHEREAS, on July 2, 2012, City Council acted upon the application of The Runnymede Corporation (the "Applicant") for the closures of a portion of a 60 -foot wide unimproved portion of Cleveland Street located between the existing cul-de-sac terminus of Cleveland Street west of its intersection with Clearfield Avenue and a former borrow pit (now lake) owned by the City of Virginia Beach, as shown on Exhibit A attached hereto; WHEREAS, on July 2, 2012, City Council adopted an Ordinance (ORD - 3245A) to close the aforesaid unimproved portion of Cleveland Street, subject to certain conditions being met on or before July 1, 2013; WHEREAS, on June 25, 2013, City Council adopted an Ordinance (ORD - 3296A) to allow a six (6) month extension of time to satisfy the conditions to the aforesaid street closure action; and WHEREAS, on October 22, 2013 the Applicant requested another extension of time and requested up to one year from the current deadline, December 24, 2013, to satisfy the conditions to the aforesaid street closure action. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: That the date for meeting conditions of closure as stated in the Ordinance adopted on July 2, 2012 (ORD -3245A), as extended on June 25, 2013 (ORD -3296A), upon application of the City of Virginia Beach is extended to December 24, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2013. NO GPIN (RIGHT-OF-WAY) Adjacent to 1467-55-2459 and 1467-55-6189 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d021 \p016\00093127.doc CA12571 R-1 November 6, 2013 APPROVED S T CONTENT: P anninA Department itiv :�J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance extending the date for satisfying the conditions in the matter of the application of Rosemont Interstate Center, LLC, for the closure of the remaining part of `A' Avenue at its intersection with Sentara Way (DISTRICT 3 - Rose Hall) MEETING DATE: November 26, 2013 ■ Background: On November 14, 2012, the Planning Commission passed a motion recommending that City Council approve a request by Rosemont Interstate Center, LLC (the "Applicant") to close `A' Avenue and incorporate the closed right-of-way into the Applicant's adjacent property at 3637 Sentara Way, where the Applicant owns an office park. When the Applicant developed the office park, the Applicant did not have the ability to close this portion of 'A' Avenue; therefore, the Applicant obtained a lease from the City for the use of what was then the unimproved right-of-way of 'A' Avenue. The leased area was then included with the overall office park development as a portion of the parking area and also for the required interior parking lot landscaping. ■ Considerations: On December 11, 2012, by Ordinance ORD-3262CC, City Council approved the Applicant's request, subject to the following conditions being met by December 10, 2013: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. Rosemont Interstate Center, LLC Page 2 of 2 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. On October 14, 2013, the Applicant requested an additional one (1) year to meet the conditions set forth in Ordinance ORD-3262CC, so that it could conclude the resubdivision of the property as required under the Ordinance. Staff has concluded that the request for additional time is reasonable. ■ Recommendations: Allow an extension of 1 year for satisfaction of the conditions. ■ Attachments: Ordinance Location Map Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manager: r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 AN ORDINANCE EXTENDING THE DATE FOR SATISFYING THE CONDITIONS IN THE MATTER OF THE APPLICATION OF ROSEMONT INTERSTATE CENTER, LLC, FOR THE CLOSURE OF THE REMAINING PART OF 'A' AVENUE AT ITS INTERSECTION WITH SENTARA WAY WHEREAS, on December 11, 2012, City Council acted upon the application of Rosemont Interstate Center, LLC, a Virginia limited liability company (the "Applicant") for the closure of the remaining part of 'A' Avenue at its intersection with Sentara Way, as shown on Exhibit "A"; WHEREAS, on December 11, 2012, City Council adopted an Ordinance (ORD-3262CC) to close the aforesaid unimproved right-of-way, subject to certain conditions being met on or before December 10, 2013; and WHEREAS, on October 14, 2013, the Applicant requested an extension of time to satisfy the conditions attached to the aforesaid street closure action. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: That the date for meeting conditions of closure as stated in the Ordinance adopted on December 11, 2012 (ORD-3262CC), upon application of Rosemont Interstate Center, LLC, is extended to December 10, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2013. GPIN: Adjacent to 1487-52-7181 and 1487-62-1040 CA12754 R-1 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D024\P016\00093711.DOC October 25, 2013 APPROVED AS TO CONTENT: 1 APPROVED AS TO LEGAL SUFFICIENCY: !II City Attorney EXHIBIT "A" NO T ES: 1. THE PURPOSE OF THIS PLAT IS TO SHOW A PORTION OF SENTARA WAY AND 'A' AVENUE TO BE CLOSED AND IS NOT TO BE CONSIDERED A BOUNDARY SURVEY. 2. klERIDAN SOURCE BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE, NAD83/93 HARN AND WAS ESTABLISHED FROM CITY OF VIRGINIA BEACH HORIZONTAL CCN -;RCL STATION G-7-6. S. ROS c-YCW T ROAD (80' R/W) N51'_33'14"W (/VS 292, PG 96) 11.9 5' S83'26'46"W POINT OF COMMENCEMENT 148 6,3 NIF S83'S7'43"N IVB. ROSEMONT 104.96' -��� ASSOCIATES, LLC (MB 297, PG 27) (OB 4351, PG 1435) NO3'00'04"W PARCEL 4' 11.60' -�� (MB 292, PG 96) AUGUST 8, 2012 GPIN 1487-61-4953 POINT OF BEGINNING 35.30' --\ N 85'06' 59"E 59.83' (O/A) rn 0 N N N/F RUNNYMI"DE CORPORA TION (INS TR. 20120611000639740) LOT 38 (AfB 4, PG 191) GPIN 1487-62-1040 S7'49'17"E 100.00' N7'49'17" VJ \_N 3472069.7540 E 12186052.5821 �T�G/N/,q STq �- PLANE COOfr'D/N��- SYST�',{,t SOUTH ZONE' Ng08�/9 HARK N/F ROSEMONI INTERSTATE CENTER Tl, LLC (08 4472, PG 1291) PARCFI 'G-2' 3 (Mg 297, PG 27) GPIN 1487-52-7181 a� N 00 V) \_N 3471934.3059 E 12186071.1878 A' A;,M1E (50' R/W) (/Vg 4, PG 1911 DENOTES AREA TO BE CLOSED, A AREA = 6,798 SF OR 0.156 AC �,LTl t or � Q. UJEFFREY J. VEP EIPM-'- sul�n.-1Z3GG JCa� OG133�OATE: 08 -OB -12 SCALE: 1"=60' DWN BY: CJS ' SHEET 1 OF 1 STREET CLOSURE PLAT SHOWING A PORTION OF SENTARA SWAY -- AND 'A' AVENUE TO BE CLOSED "-- (MB 115, PG 8)(MB 292, PG 96) (MB 297, PG 27) VIRGINIA BEACH, VIRGINIA AUGUST 8, 2012 MSA, P_C. ■■"■■'�■■ ■■117/,1 I■■ ('nciirvan.ri Scicnc 1'larair^_ Sun't'in^ Civil @ h:nciccuunenml f ngutazrinG • Lvxkrn{x AicFiieritrtt ■■I ■■I ■■�/�►�■ 'G 11 Rou;,: Drier. Virgii,ia (1eac.i, VA23462 i57490-9264 (Ofc) i57-J90-(ib3� (Fc,x,l ■■I Osumi ■■■/j,';V,■ ■ ww conlire m ■■■ i �,LTl t or � Q. UJEFFREY J. VEP EIPM-'- sul�n.-1Z3GG JCa� OG133�OATE: 08 -OB -12 SCALE: 1"=60' DWN BY: CJS ' SHEET 1 OF 1 M u� O4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 493 S. INDEPENDENCE BLVD, LLC. (Applicant) - SMO, INC. (Owner), Conditional Use Permit for an automated car wash. 493 S. Independence Boulevard (GPIN 1476680993). KEMPSVILLE DISTRICT. MEETING DATE: November 26, 2013 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site for an automated car wash. There is currently no business operating on the subject site. The last business utilizing the site was an automotive service station approved under a Use Permit granted by City Council in 1968. A Conditional Use Permit was granted for an automobile repair garage in August of 2010; however, the business was never established. This Use Permit request was indefinitely deferred by City Council on September 24, 2013 due to concerns from residents in the adjoining neighborhood pertaining to vehicle movement to and from the site and concerns with traffic conflicts. Since the deferral, the District Councilmember has met with residents and with the applicant. The Traffic Engineering Office has also been involved in those discussions. The applicant and the District Councilmember requested that the application be placed on the earliest available City Council meeting agenda. Due to legal advertising requirements, this meeting date was the earliest available. The item has been advertised in the Beacon, the required Public Notice signs were posted, and the adjacent property owners have been notified by mail. ■ Considerations: The applicant is proposing that the automated car wash facility's hours of operation be from 7:00 a.m. to 8:00 p.m., seven days a week. The facility will have a maximum of three employees on the site during operating hours. The exterior of the facility will have Colonial -style design elements. The structure will house a 100 -foot long automated mechanical conveyor belt car wash. The site layout includes 18 parking spaces for customers to utilize onsite vacuum. The single- family residential area to the southwest of this site, Larkspur, is adequately buffered by existing landscaping and a drive aisle that serves an adjacent commercial complex. The orientation of the car wash facility at the rear of the site acts as an additional buffer to activities that occur in the parking area such as the queuing of vehicles and vacuuming of car interiors. The applicant presented the proposal to the Larkspur Civic League. The civic league has no 493 S. Independence Boulevard Page 2 of 3 objection to this business on the site. A letter from the President of the Larkspur Civic League is provided in the attached staff report. A benefit of the applicant's proposal, as opposed to the former automobile service station, pertains to the traffic. South Independence Boulevard in this location is currently functioning over capacity. The proposed automated car wash will reduce the potential average daily trips to this site, as this use will generate less traffic than an automobile service station. An additional traffic -related benefit is the removal of three of the four access point for this site as depicted on the submitted concept plan. The request to develop an automated car wash is generally consistent with the Comprehensive Plan's land use policies regarding compatible development. The building and sign design, and landscape plan, are attractive and further the goals of the Special Area Development Guidelines for the improvement of the quality of the surrounding area. There was no opposition to the request at the Planning Commission public hearing. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: When the site is developed, it shall be developed in substantial conformance with the submitted plan entitled "Bartley Car Wash Illustrative Site Plan," prepared by Porterfield Design Center. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the building shall be in substantial conformance with the submitted plan entitled "Bartley Car Wash," prepared by Porterfield Design Center, which shows the Front View and Exit Side View of the car wash facility. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The proposed landscaping for the site shall be in substantial conformance with the submitted plan referenced in Condition 1. 4. All outdoor lighting shall be shielded to direct light and glare onto the premises and shall be deflected, shaded, and focused away from adjoining property. Any newly installed outdoor lighting fixtures shall not be erected any higher than 14 feet. 493 S. Independence Boulevard Page 3of3 5. There shall be no pennants, streamers, balloons, portable signs, banners, or similar attention -seeking devices displayed on the site. 6. The proposed sign shall be constructed in substantial conformance with the submitted sign elevation drawing, which is not titled or dated. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 7. The facility's hours of operation be from 7:00 a.m. to 8:00 p.m., seven days a week. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: �"" rwa XVILLE 493 S. Independence Boulevard RI. Abi b 02 02 B2 1 , 82 �� t RIO qp e RIO" V . 2 02' RIO CUP /or automobile service Station (Automated Car wash) 6 August 14, 2013 Public Hearing APPLICANT: 493S. INDEPENDENCE BLVD., LLC PROPERTY OWNER: SMO, INC. STAFF PLANNER: Karen Prochilo REQUEST: Conditional Use Permit (Automobile Service Station — Automated Car Wash) ADDRESS / DESCRIPTION: 493 S. Independence Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14766809930000 KEMPSVILLE 39,956 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow development of the site for an automated car wash. There is currently no business operating on the subject site. The last business utilizing the site was an automotive service station approved under a Use Permit granted by City Council in 1968. A Conditional Use Permit was granted for an automobile repair garage in August of 2010; however, the business was never established. The applicant is proposing that the automated car wash facility's hours of operation be from 7:00 a.m. to 8:00 p.m., seven days a week. The facility will have a maximum of three employees on the site during operating hours. The exterior of the facility will be Colonial -style design elements. The structure will house a 100 -foot long automated mechanical conveyor belt car wash. The site layout includes 18 parking spaces for customers to utilize onsite vacuum. The Larkspur neighborhood is adjacent to this site, and the applicant presented the proposal to the Larkspur Civic League. The civic league has no objection to this business on the site. A letter from the President of the Larkspur Civic League is provided in this staff report. 493 S. INDEPENDENCE BOULEVARD Agenda Item 6 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant automobile service station SURROUNDING LAND North: 0 Independence Boulevard USE AND ZONING: • Convenience store with fuel sales / B-2 Community Business District South: • Drive aisle for parking lot of adjacent business to west • Single-family dwellings / R-10 Residential District East: • Edwin Drive • Bank and office buildings / B-2 Community Business District West: • Restaurant and offices / B-2 Community Business District NATURAL RESOURCE AND There are no known significant natural resources or cultural CULTURAL FEATURES: features associated with this site. COMPREHENSIVE PLAN: This site is within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods and reinforcing the suburban characteristics of commercial centers and other non-residential areas. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area (p. 3-1). To that end, site and building design recommendations for development within the Suburban Area are provided by the Comprehensive Plan's 'Special Area Development Guidelines.' Staff utilizes the Guidelines as part of the evaluation of discretionary development applications in the Suburban Area, dependent on the type, scale, and specific location of the proposed development and/or use. The following recommendations from the Guidelines are relevant to this type and scale of development located at a corner lot: • To minimize traffic conflicts, vehicular access points should be limited to a single point and be located as far as possible from a street intersection; • The point at which a sidewalk intersects with a vehicular access drive should be designed to be as safe as possible by ensuring driver and pedestrian are easily visible to each other and by using design features such as a change in paving material to make the driver aware of the crossing is encouraged. • Commercial uses that adjoin areas planned for residential uses should employ effective landscape design techniques, including the placement of appropriate plant materials to buffer or screen such uses. • Parking areas should be located toward the rear of the site while buildings should be generally oriented to the front. Additionally, the parking area should be broken up into separate sub -areas to avoid the "sea of asphalt" appearance building's architecture to be as unobtrusive as possible. • Lighting, especially on the rear of buildings that face residential areas, should be designed and placed so that it does not direct or reflect any illumination into residential areas. • All signs should be consistent in color and theme with the primary building (pp. B-7 thru B-10). 493 S. INDEPENDENCE BOULEVARD Agenda Item 6 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIF): S. Independence Boulevard in the vicinity of this application is designated as an eight -lane divided major urban arterial. The Master Transportation Plan proposes an eight -lane facility within a 155 foot right-of- way. Currently, this segment of roadway is functioning over -capacity at a LOS F. Edwin Drive in the vicinity of this application is designated as a two-lane undivided collector. This segment of roadway is not included in the Master Transportation Plan and is functioning under capacity at a LOS C or better. No Roadway Capital Improvement Program projects are in this immediate area. As proposed by the applicant, the existing entrances on S. Independence Boulevard will be removed. The only entrance will be a single entrance on Edwin Drive. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic S. Independence 76,058 ADT 34,940 ADT (Level of Former Land Uses — Boulevard (2013) Service "C") 1,011 ADT (service 56,240 ADT' (Level of station) Service "D") [Capacity 67 ADT (auto repair) Level] 64,260 ADT' (Level of Proposed Land Use 3— Service "E") 897 ADT 13 Peak Hour Vehicles Edwin Drive 4,581 ADT 6,200 ADT (Level of (2010) Service "C") 78 Peak Hour Vehicles 9,900 ADT' (Level of Service "D") [Capacity Level] 11,100 ADT' (Level of Service "E" Average Daily Trips 2 as defined by gas station - 6 fueling positions or auto repair shop 2010 CUP 3 as defined by automatic car wash — 1 stall STORMWATER: 1. A stormwater management plan for water quantity and quality in accordance with the Public Works Specifications and Standards must be provided. The stormwater management plan must provide protection from detrimentally impacting all downstream receiving storm drain systems. 2. The stormwater management plan may utilize an on-site Best Management Practice (BMP) or prove the adequacy of downstream facilities. Should downstream facilities be analyzed, a complete review is expected including existing pollutant loads and runoff from all drainage areas. 493 S. INDEPENDENCE: BOULEVARD Agenda Item 6 Page 3 3. It appears that the proposed improvements will eliminate the grassed area in the western corner of the project. Should this increase the total impervious area, the stormwater management plan must address this increase in both pollutant load and increased runoff rate. 4. Approval of this site plan with the Use Permit does not allow the exclusion of installing and adequately sizing a BMP for the site. If including a BMP impacts the proposed site plan, the Exhibit may be required to be resubmitted for revision approval. WATER: This site is connected to City water. There is a 16 -inch City water main in S. Independence Boulevard. There is a 10 -inch City water main in Edwin Drive. SEWER: This site is connected to City sanitary sewer. Sanitary sewer and pump station analysis for Pump Station #515 is required to determine if future flows can be accommodated. There is a 12 -inch City sanitary sewer force main in South Independence Boulevard. There is an 8 -inch City sanitary sewer gravity main in Edwin Drive. There is a 6 -inch City sanitary sewer gravity main in Edwin Drive. EVALUATION AND RECOMMENDATION This site been used as a service station with an automobile service shop for many years. Allowing an automated car wash, as designed, will not adversely affect the community and will restore the site to a use that serves the surrounding area. The removal of gas pumps from this site, the addition of proposed landscaping, and the parking lot improvements will ensure this commercial site is aesthetically pleasing and an asset to this corridor. A benefit of the applicant's proposal, as opposed to the former automobile service station, pertains to the traffic. South Independence Boulevard in this location is currently functioning over capacity. The proposed automated car wash will reduce the potential average daily trips to this site, as this use will generate less traffic than an automobile service station. An additional traffic -related benefit is the removal of three of the four access point for this site as depicted on the submitted concept plan. The single- family residential area to the southwest of this site is adequately buffered by existing landscaping and a drive aisle that serves an adjacent commercial complex. The orientation of the car wash facility at the rear of the site acts as an additional buffer to activities that occur in the parking area such as the stacking of vehicles and vacuuming of car interiors. The request to develop an automated car wash is generally consistent with the Comprehensive Plan's land use policies regarding compatible development. The building and sign design, and landscape plan, are attractive and further the goals of the Special Area Development Guidelines for the improvement of the quality of the surrounding area. Staff recommends approval of this request with the conditions below. 493 S. INDEPENDENCE BOULEVARD Agenda Item 6 Page 4 CONDITIONS 1. When the site is developed, it shall be developed in substantial conformance with the submitted plan entitled "Bartley Car Wash Illustrative Site Plan," prepared by Porterfield Design Center. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the building shall be in substantial conformance with the submitted plan entitled "Bartley Car Wash," prepared by Porterfield Design Center, which shows the Front View and Exit Side View of the car wash facility. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The proposed landscaping for the site shall be in substantial conformance with the submitted plan referenced in Condition 1. 4. All outdoor lighting shall be shielded to direct light and glare onto the premises and shall be deflected, shaded, and focused away from adjoining property. Any newly installed outdoor lighting fixtures shall not be erected any higher than 14 feet. 5. There shall be no pennants, streamers, balloons, portable signs, banners, or similar attention - seeking devices displayed on the site. 6. The proposed sign shall be constructed in substantial conformance with the submitted sign elevation drawing, which is not titled or dated. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 7. The facility's hours of operation be from 7:00 a.m. to 8:00 p.m., seven days a week. 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. 493 S. INDEPENDENCE BOULEVARD Agenda Item 6 Page 5 Ile Lake Tins/rm of c c l 1 1 1 3 SWM LvNA5 �r PROPOSED CONCEPTUAL PLAN & BUILDING ELEVATIONS 493 S. INDEPENDENCE BOULEVARD Agenda Item 6 Page 7 ELEVATION DRAWING OF PROPOSED SIGN 493 S. INDEPENDENCE BOULEVARD Agenda Item 6 Page 8 KEMPSVILLE 17ap r.-tS 4-70 ae 111UUFUHUU11%.0 "UuiL, v al u Ma Not to Scale Lake Trashmore /4O o \� �AFtiO l � 01 Zoning with CondiffonsProffers, open CUP for Automobile Service Station (Automatea car wasn) Space Promotion or PDH -2 Overlays ZONING HISTORY # DATE REQUEST ACTION 1 12/09/68 Conditional Use Permit(gasoline supply station Granted 2 11/08/94 10/29/91 Conditional Use Permit (automotive service & store) Conditional Use Permit as pumps & store Granted Denied 493 S. INDEPENDENCE BOULEVARD Agenda Item 6 Page 9 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) 493 S.Independence Blvd, LLC Vance Bartley (Member), Ryan Cool (Member) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) None Check 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) SMO Incorporated- Mel Strine (President), J. Blacklock Wills (EVP), Mark Samuels (Vice President), Kenneth Halperin (Asst. Secretary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) None Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official orerloyee 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? Conditional Use Permit Application Page 9 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT 493 S. INDEPENDENCE BOULEVARD Agenda Item 6 Page 10 C-10 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: JAttach list if necessary) Lentz Law Group, PLC, Legal; Valverde & Rowell, PC, Legal; Blakeway Corporation; Vance & Associates, LTD; Blazer and Associates, Inc.; VTB Commercial, Inc.; MM Gunter and Son, Inc.; Rio Prime Construction, Inc. 1 "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 (0 one business entity has a controlling ownership interest in the other business entity, {i) 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. 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 � s�itteJfor purposes of processing and evaluating this application. 7. �' "/= Vance Bartley, Managing Member Applicants Signature Print Name M. L. Property Owner's Signature (if different than applicant) Print Name -5"-w-Co LfoftAlw - VP.E&Dt-T- Conddional Use PennR Application Page 10 of 1 O Revised 7/32007 DISCLOSURE STATEMENT 493 S. INDEPENDENCE BOULEVARD Agenda Item 6 Page 11 Joseph Yurso President 757490-5036 jyurso@cox.net Floyd Gilbert Vice President 757 467-6435 Frances Germanos Secretary 757 467-2016 Larkspur Civic League, Virginia Beach, Virginia Thursday 2 May 2013 Dear Mr. Vance Bartley On behalf of the Larkspur Civic League, I want to thank you for your presentation at our recent meetings. You were most informative providing the latest information on the plans for a car wash on Independence Boulevard. The plan that you provided is pleasing and appears to meet the decor of the area. Larkspur Civic League has no objection to the intended use of the parcel and welcomes a good, stable and well developed business at this site. Most respectfully, Joseph Yurso President, Larkspur Civic League EXHIBR Larkspur Civic League Virginia Beach VA 234621 1 DISCLOSURE STATEMENT 493 S. INDEPENDENCE BOULEVARD Agenda Item 6 Page 12 Item #6 493 S. Independence Blvd, L.L.C. Conditional Use Permit 493 S. Independence Boulevard District 2 Kempsville August 14, 2013 CONSENT An application of 493 Independence Blvd for a Conditional Use Permit (Automobile Service Station — Automated Car Wash) on property located at 493 S. Independence Boulevard, District 2, Kemspville. GPIN: 14766809930000. CONDITIONS 1. When the site is developed, it shall be developed in substantial conformance with the submitted plan entitled "Bartley Car Wash Illustrative Site Plan," prepared by Porterfield Design Center. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the building shall be in substantial conformance with the submitted plan entitled "Bartley Car Wash," prepared by Porterfield Design Center, which shows the Front View and Exit Side View of the car wash facility. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The proposed landscaping for the site shall be in substantial conformance with the submitted plan referenced in Condition 1. 4. All outdoor lighting shall be shielded to direct light and glare onto the premises and shall be deflected, shaded, and focused away from adjoining property. Any newly installed outdoor lighting fixtures shall not be erected any higher than 14 feet. 5. There shall be no pennants, streamers, balloons, portable signs, banners, or similar attention -seeking devices displayed on the site. 6. The proposed sign shall be constructed in substantial conformance with the submitted sign elevation drawing, which is not titled or dated. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 7. The facility's hours of operation be from 7:00 a.m. to 8:00 p.m., seven days a week. Condition 7 was added at PC Informal hearing. Item #6 493 S. Independence Blvd, L.L.C. Page 2 A motion was made by David Redmond and seconded by Jan Rucinski to approved item 6. By a vote of 11-0, the Commission approved item 6 by consent. Steven Lentz appeared before the Commission on behalf of the applicant. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RI PLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 11-0, the Commission approved item 6 by consent. Steven Lentz appeared before the Commission on behalf of the applicant. 1 o JOS/ `� L� i b +' Sire - x O O oN N 0 c� Zti �` :t► - y �3oiS198888"g _ N N (A N N N N 0 N N N � y Q O O v 0 0' Q Q Q +D S 1 Q Q Q O Q Q Q Q Q v Q Q Q Q Qn Q Q Q ,000o000oa�o0oo`OQ00o0Q m N r i N N (A V) N N N N to N N N N N N rn N n N N N N N N N N N N N N N N Co N N o v v v v 00 v o 000 Q v Q v o �+ - N N U) co v N N N V) N N V) N N N N N N, - � C •o` o0 000 000foi 000 r o o vo 00 0 00o0000 N v o 0 0 0 N N N N N N N N N N v 00 v v Q v o v v o v N N N �:: � N U) �� u, ch / o c o v7 `n `n (A V) 0 U 17D c _ o O N V) (1) N N v O O v v v v Q O C` T'�O j ,, IL N N N N N N N N `n 0 O D 0 N oO� o-,� _ 00 0000~ U) Q) 00 - 1 ao00 N N N V) N N N N N V) N 9 N N n N N 0 O O O O O v O 00.000 10 O O `1 N N 0 N N N N N N N O O O v v jQ v O O v 0 0 0 ��r,."..pp �0 � 0000� ooe��o �o '._; , ut-�I.__, I�._���••�• V 1 N C 0 v o O o 0 0 0 Q 0 0 0 0 0 �� v) l =o 0 Q O C PI*N N Vi N N N N N N N N N N N N N N N N S N N N o tJ Q Q Q Q O Q Q Q 00 v Q Q v Q • J N N V) C+ N N N Q) V) N N N N N N N N N N N {� +t O O O O VV �Q ftftm 1 ` `oi L�oVVoo c o �7 f1V�V JI � r 88V �0 oil, a0o N N N N N N N Vi N N N N v, N I N D N �; N N N N rn Vi N N Q Q O v 0 0 0 v Q O 0 0 0 Q O� CC77 O v O v v v v v I VN .N N N O (N N N N N N N N N N N O O O 0vQ O O O O O O O O Q Q v v v ON N N N N N N 1 t A 0 0 o )o0 0 0 0 0 0- I UI a/ 3 r r a 0 V-1V,v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MILLER HOLDING II, LLC (Applicant / Property Owner) (a) Conditional Change of Zoning, B-2 Community Business to Conditional B-4 Mixed -Use, and (b) Conditional Use Permit for Multi -Family Dwellings. 4877 Shore Drive (GPIN 1479372442). BAYSIDE DISTRICT. MEETING DATE: November 26, 2013 ■ Background: The applicant requests a Change of Zoning for the subject site from B-2 Community Business District (SD Shore Drive Overlay District) to B-4 Mixed Use District (SD Shore Drive Overlay District). The applicant proposes the construction of six multifamily dwelling units. The site is located at the southwest intersection of Shore Drive and South Oliver Drive. The site is rectangular in shape, with the longest side parallel to Shore Drive, and the shortest side parallel to South Oliver Drive. The western portion of the site is wooded. An office building and associated parking exists along the southern portion of the site on a parcel zoned B-2 ■ Considerations: The submitted rezoning exhibit depicts two buildings containing three units each, a drive aisle, dumpster area, and landscaping. The buildings, characteristic of carriage houses, are two stories in height with the living area on the second floor and the building entry, an optional room, and garage parking on the first floor. A single vehicular access to the site is proposed on South Oliver Drive. Landscaping is depicted along all the property lines of the site. When the Shore Drive Overlay District was adopted in 1998, multifamily dwellings were made a conditional use to provide a higher level of review. As noted in Section 220 of the City Zoning Ordinance, the purpose of that review is intended to ensure that the land use is compatible with the surrounding area and in accordance with the Comprehensive Plan. With regard to the requested zoning district and its relationship with this portion of the Shore Drive Corridor, the purpose of the B-4 District, as expressed by the legislative intent of the district (Section 900, Zoning Ordinance) is to provide for retail and commercial service facilities and residential uses, including high-quality workforce housing, in appropriate areas within the district where a mixture of such uses is desirable and recommended by the policies of the Comprehensive Plan. Staff concludes that the applicant's proposal is not consistent with the Miller Holding II, LLC Page 2of3 purpose of the B-4 Mixed Use District, as the use of B-4 at this location is not appropriate. The B-4 District is intended to be used in locations within the Shore Drive Corridor where a mix of uses are located in close proximity to each other, including together on the same lot, and where a mix of uses is recommended by the Comprehensive Plan. The Comprehensive Plan's Shore Drive Corridor Guidelines, adopted by City Council in 2002 as an implementation measure for the Shore Drive Corridor Plan (2000), identifies this area to be within the Gateway Zone. This zone is located on both sides of the intersection of Shore Drive with Northampton Boulevard, generally from Lake Joyce on the east to Bradford Lake on the west. The Guidelines recommend the Gateway Zone for non-residential uses such as retail, service, and offices compatible with the needs of the surrounding neighborhoods. The proposal is also not in accordance with the Comprehensive Plan's recommendation that development within this Suburban Focus Area should achieve the lowest reasonable density for future residential uses. The applicant's proposal to develop six units on the site maximizes the density allowed under B-4 District for multi -family dwelling units. In maximizing the density, the site is also being maximized by the attempt to place on the site everything that is desired and required. As a result, staff finds that the proposed development is deficient in a number of ways, including vehicle maneuverability on the site as well as parking. Planning staff, therefore, recommended denial of the applications to the Planning Commission. There was no opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 8-2, recommends approval of this request to the City Council with the following proffers: PROFFER 1: When the Property which is developed, it shall be as a Carriage Home residential community substantially in conformance with the Exhibit entitled "Rezoning Exhibit Oliver Square", dated December 5, 2012, prepared by Kellam Gerwitz, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. ("Concept Plan") PROFFER 2: When the Property is developed, it shall consist of two buildings, each containing three Carriage Homes. The ground level of each unit shall feature an entry and parking for two automobile. Each carriage home dwelling shall contain no less than 850 square feet of enclosed living area, excluding garage area. Miller Holding II, LLC Page 3 of 3 PROFFER 3: When the Property is developed it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Homeowners Association, to which membership by all residential units is mandatory which shall, among other things contain the Open Space areas. PROFFER 4: All residential dwellings constructed on the Property shall incorporate architectural features, design elements, and high quality building materials substantially similar in quality to those depicted on "Building Elevations of Oliver Square for Miller Holdings II, LLC' which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 5: When the Property is developed, landscaping will include five outer perimeter oak trees and approximately one hundred seventy (170) bushes and shrubs, all surrounded by an attractive four -foot high fence. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan and / or Subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. Any references hereinabove to the B-4 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this agreement by City Council, which are by this reference incorporated herein. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends denial. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manag 4 : � I <�8 cyl. SAYSIDE � E -J ItLittle Creek Amp¢Ib. 1-1 12.! BO- is Miger Hoiding Air Condklonal Zoning ChanCUP Dw ge from B -Z to CordltbelUnnel B -I for Mu/Npk Family gs D1 October 9, 2013 Public Hearing APPLICANT AND PROPERTY OWNER: MILLER HOLDING LLC STAFF PLANNER: Kristine Gay REQUEST: A. Conditional Chance of Zoning (B-2 Community Business to Conditional B-4 Mixed Use B. Conditional Use Permit (Multifamily Dwellings) ADDRESS / DESCRIPTION: 4877 Shore Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14793724420000 BAYSIDE 22,187 square feet Less than 65 dB DNL APPLICATION HISTORY: This application was originally presented to Planning Commission on April 10, 2013. The applicant, during the Planning Commission's discussion of the proposed site layout, building elevations, and parking issues, requested that the Commission indefinitely defer the applications. Since the initial hearing, the applicant has made revisions to the perimeter landscaping, fencing, building facades, and parking, and has resubmitted a site plan, elevations, and fence detail in an effort to address the concerns of Planning Commission and staff. BACKGROUND / DETAILS OF PROPOSAL The applicant requests a rezoning of the site, currently zoned B-2 Community Business District (SD Shore Drive Overlay District) to B-4 Mixed Use District (SD Shore Drive Overlay District) for the purpose of developing the site with six multifamily dwelling units. The site is located at the southwest intersection of Shore Drive and South Oliver Drive. The site is rectangular in shape with the longest side adjacent to Shore Drive, and the shortest side adjacent to South Oliver Drive. The western portion of the site is wooded. An office building and associated parking exists along the southern portion of the site on a parcel zoned B-2. The submitted rezoning exhibit depicts two buildings containing three units each, a drive aisle, dumpster area, and landscaping. The buildings, characteristic of carriage houses, are two stories in height with the MILLER HOLDING II, LLC Agenda Item D1 Page 1 living area on the second floor and the building entry, an optional room, and garage parking on the first floor. The second floor has a bump out of 14 -inches facing Shore Drive. A single vehicular access to the site is depicted on South Oliver Drive. Landscaping is depicted along all the property lines of the site. Enhanced perimeter landscaping includes six ornamental trees, shrubs, and ornamental grasses. The plan reviewed by the Planning Commission in April depicted three small shade trees (Willow Oaks) and a limited number of additional shrubs, which did not meet the standard landscape requirements. The revised perimeter landscaping shown on the current plan marginally exceeds the standard landscaping requirements. The revised fencing treatment now incorporates black aluminum wrought -iron type fencing that will have the perimeter landscaping situated on both sides. The original plan met the parking requirement by have having two spaces per unit. The revised plan shows three additional parking spaces that will be available for guests of the residents. The original building elevations have been upgraded to include cement fiber -board plank shake siding; a 10:12 roof pitch as the Shore Drive Design Guidelines recommend; a color scheme consisting of subtle earth tones; and projecting architectural features and facade rhythm of a more appropriate scale than that originally proposed. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant undeveloped site / B-2 Community Business District (SD Shore Drive Overlay) SURROUNDING LAND North: . Shore Drive USE AND ZONING: . Across Shore Drive are multifamily dwellings / A-12 Apartment (SD Shore Drive Overlay) South: . Office / B-2 Community Business District (SD Shore Drive Overlay) East: . South Oliver Drive • Shopping Center / B-2 Community Business District (SD Shore Drive Overlay) West: . Joint Expeditionary Base Little Creek - Fort Story NATURAL RESOURCE AND There are no known significant natural or cultural resources located on CULTURAL FEATURES: this site. COMPREHENSIVE PLAN: Suburban Focus Area (SFA) 1 - Shore Drive Corridor The Comprehensive Plan designates this area of the City as Suburban Focus Area (SFA) 1 - Shore Drive Corridor. The intent of planning policies that apply to Suburban Focus Area 1 and the Shore Drive Corridor are to preserve and protect the character of the established neighborhoods, improve land use compatibilities, encourage reuse/revitalization of existing commercial properties, and achieve the lowest reasonable density for future residential use. In addition, corridor beautification and safe interconnectivity of pedestrians is to be encouraged. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from Independence Boulevard to First Landing State Park. The Shore Drive Corridor Guidelines (2002), prepared as an implementation measure for the Shore Drive MILLER HOLDING II, LLC Agenda Item D1 Page 2 Corridor Plan (2000), further identifies this area to be within the Gateway Zone. This zone is located on both sides of the overpass of Shore Drive by Northampton Boulevard, generally from Lake Joyce on the east to Bradford Lake on the west. This area is primarily recommended for retail, service, and office uses compatible with the needs of the surrounding neighborhoods (p.14). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIE): Shore Drive adjacent to this site is a four -lane divided minor suburban arterial. The Master Transportation Plan proposes a six -lane facility within a 150 -foot wide right-of-way. Currently, this segment of roadway is functioning under -capacity at a Level Of Service C or better. South Oliver Drive adjacent to this site is a two-lane undivided local street. It is not included in the Master Transportation Plan. A Roadway Capital Improvement Program project is slated for this area. Shore Drive Corridor Improvements — Phase II (CIP 2-116.000) will provide safety improvements, including pedestrian multi -use paths along the Shore Drive Corridor from South Oliver Drive to Waterspoint Place to Treasure Island Drive. It will also include improvements along Shore Drive at the Northampton Boulevard interchange and to the intersections at Pleasure House Road and Greenwell Road. This project is currently on the "Requested But Not Funded" Project Listing. Comments — Public Works /Traffic Engineerinq • No on -street parking will be allowed on the site within 30 feet of the South Oliver Drive curb line. • The plan should include an adequate area for trash -collection trucks to maneuver on-site without backing out into South Oliver Drive. • Right-of-way improvements will be required along South Oliver Drive. The Rezoning Exhibit does reflect the sidewalk and curb and gutter improvements. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Shore Drive 20,934 ADT 30,600 ADT Existing Land Use 2-281 ADT Proposed Land Use 3- 160 ADT (6 AM Peak Hour / 21 PM Peak Hour Average Daily Trips P as defined by 0.51 acres of land uses typical of B-2 Business zoning 3 as defined by 6 multifamily dwellings WATER: This site must connect to City water. There is a 16 -inch City water main along Shore Drive and a 6 - inch City water line along South Oliver Drive. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 307 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 -inch City gravity MILLER HOLDING II, LLC Agenda Item D1 Page 3 sanitary sewer main along South Oliver Drive and a 24 -inch HRSD force main along Shore Drive. DEVELPOMENT SERVICES CENTER Stormwater management shall be addressed in accordance with the Chesapeake Bay Preservation Area Ordinance, Stormwater Management Ordinance, and the Virginia Stormwater Management Handbook. SCHOOLS: School Current Enrollment Capacity Generation' Hermitage Elementary 641 633 1 Great Neck Middle 1,085 1,360 0 Cox High 1,947 1,937 1 "generation" represents the number of students that the development will add to the school EVALUATION AND RECOMMENDATION The applicant is requesting to rezone the subject property from B-2 Community Business District (SD - Shore Drive Overlay) to B-4 Mixed Use District (SD) to allow development of the site to include six multi- family dwelling units. Due to the location of the site within the Shore Drive Overlay District, Section 1703 of the City Zoning Ordinance requires a Conditional Use Permit for multifamily dwellings; therefore, the applicant is also requesting a Use Permit. When the Shore Drive Overlay District was adopted, multifamily dwellings were made a conditional use to provide a higher level of review. Consistent with Section 220 of the City Zoning Ordinance, the purpose of that review is intended to ensure that the land use is compatible with the surrounding area and in accordance with the Comprehensive Plan. Since the deferral on April 10, 2013, staff has met several times with the applicant, the applicant's representative, and appropriate City departments for the purpose of discussing the issues identified by the Planning Commission regarding the site plan and building elevations. Based on those discussions, the applicant made revisions to the site and building plans, as well as the proffers in an attempt to address the concerns. Additionally, based on the issues and concerns raised by the Planning Commission at the April 10 public hearing, staff further discussed the proposal, particularly with regard to the existing zoning pattern in the area in relationship to the requested zoning as well as the Comprehensive Plan's land use and planning policies for this portion of the Shore Drive Corridor With regard to the requested zoning district and its relationship with this portion of the Shore Drive Corridor, the purpose of the B-4 District, as expressed by the legislative intent of the district (Section 900, Zoning Ordinance) is to provide for retail and commercial service facilities and residential uses, including high- quality workforce housing, in appropriate areas within the district where a mixture of such uses is desirable and recommended by the policies of the Comprehensive Plan. Staff concludes that the applicant's proposal is not consistent with the purpose of the B-4 Mixed Use District, as the use of B-4 at this location is not appropriate. The B-4 District is intended to be used in locations within the Shore Drive Corridor where a mix of uses are located in close proximity to each other, including together on the same lot, and where a mix of uses is recommended by the Comprehensive Plan. MILLER HOLDING 11, LLC Agenda Item D1 Page 4 As noted in the Comprehensive Plan section of this report, the Comprehensive Plan's Shore Drive Corridor Guidelines, adopted by City Council in 2002 as an implementation measure for the Shore Drive Corridor Plan (2000), identifies this area to be within the Gateway Zone. This zone is located on both sides of the overpass of Shore Drive by Northampton Boulevard, generally from Lake Joyce on the east to Bradford Lake on the west. The Guidelines recommend the Gateway Zone for non-residential uses such as retail, service. and offices compatible with the needs of the surrounding neighborhoods (p.14). Additionally, the proposal is not in accordance with the Comprehensive Plan as it states that development within this Suburban Focus Area should achieve the lowest reasonable density for future residential uses, (p.3-8). The applicant's proposal to develop six units on the site maximizes the density allowed under B-4 District for multi -family dwelling units. In maximizing the density, the site is also being maximized with regard to attempting to place on the site everything that is desired and required. As a result, staff finds that the proposed development is deficient in a number of ways, including vehicle maneuverability on the site as well as parking. An example of the difficulty pertaining to on-site vehicle maneuverability is the removal of the trash dumpster depicted on the April plan and the placement of two parking spaces at the terminus of the drive aisle (where the dumpster was previously located). There is, however, no turn -around for automobiles parked in those spaces. This will cause vehicles to reverse out and back into traffic on South Oliver Drive. Based on the above, Staff recommends denial of this application. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property which is developed, it shall be as a Carriage Home residential community substantially in conformance with the Exhibit entitled "Rezoning Exhibit Oliver Square", dated December 5, 2012, prepared by Kellam Gerwitz, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. ("Concept Plan") PROFFER 2: When the Property is developed, it shall consist of two buildings, each containing three Carriage Homes. The ground level of each unit shall feature an entry and parking for two automobile. Each carriage home dwelling shall contain no less than 850 square feet of enclosed living area, excluding garage area. PROFFER 3: When the Property is developed it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Homeowners Association, to which membership by all residential units is mandatory which shall, among other things contain the Open Space areas. PROFFER 4: All residential dwellings constructed on the Property shall incorporate architectural features, design elements, and high quality building materials substantially similar in quality to those depicted on "Building Elevations of Oliver Square for Miller Holdings ll, LLC" which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. MILLER HOLDING II, LLC Agenda Item D1 Page 5 PROFFER 5: When the Property is developed, landscaping will include five outer perimeter oak trees and approximately one hundred seventy (170) bushes and shrubs, all surrounded by an attractive four -foot high fence. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan and / or Subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. Any references hereinabove to the B-4 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this agreement by City Council, which are by this reference incorporated herein. STAFF COMMENTS: The proffers listed above are acceptable as being sufficient for staff to ensure that what has been proposed by the applicant will be built as depicted on the plans. The City Attorney's Office has reviewed the proffer agreement dated August 30, 2013, and found it to be legally sufficient and in acceptable legal form. 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 or Change of Zoning 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. MILLER HOLDING 11, LLC Agenda Item D1 Page 6 0 7 Id';ui6dsaa4LM .3n W O W O I r 91 . I � I e w _ < 9� z _ I1 : J € � �Lu � o t � f CW a Q ' S v cr ¢ r3 a z W J. �t��+ n 6 81s! 8 88888 O Lu 33 e ' NLu V SOUTH OLIVER DRIVE O s g z tf < %9 J W << Z = w +s Zi i a a a � f➢ 9 a � s a y cy-p I cy-D �m 5 N- I 1 I �F��M53 1 Si6,FaQ w 67'.6 a pi 9 i 4 <q gaff m e' 004 SITE PLAN AS PROPOSED AT THE APRIL 10, 2013 PLANNING COMMISSION HEARING MILLER HOLDING II, LLC Agenda Item D1„ Page 8 CURRENTLY PROPOSED SITE PLAN FOR THE OCTOBER 9, 2013 PLANNING COMMISSION HEARING MILLER HOLDING II, LLC r� Agenda Item D1 2 Page 9 11111111111111111111111 1111,1111,1,1,1,1,111,1111 ' I Iy4 11114111 uiiui NIUII 11�4111�111I I III1VV if 1111111' 1■IIIIIII iplluuui �' 1 it i N..;,.I,.. Illlull 1111111 I a 1� �II�Ig111;� IIIII �I�III l�lll�l`a _ luu�ul :, Ylildlllllll IIE44111E11i 1,1,1,1,1 {� uuul IIt111111111!°i -`-` �I I I,I,I�c-- � �� l�- IUA�III I���IwmIIIi� '1'1'1'I� �IIII 1111lI��1� ; � �I IIII I 'z 111 _ = __ _ 2 _ I ! I . , I I I ■ I C C , ■ h MINI lulll loll1f 1 I n EI 0"a171101 111E 11111111116�I�1i IEIEIE,I,fEEIi111EliIi,lEf 111141111111111114111111 IUIIIIi '. 111111 111 114111 1�' ;�I 11111 ,11,1,1,1 144 1144'1J ' q I�IIIII�II � , (' JIM I;I��11 1 IInBIIlul 0 -� w� Hul I11lI1111 •••••• I'1411h441141 1111i111El11 IIu �IIIIIII�I�I�I�III�IIIIIII II 1111 11ddd d14lle 1111 iIII'�'.I.i IIII�III��IIIIIII�LL1.. � ����� I@11111 II dnWIIII� -_ ti�_s-z-ei �IIIIII� Nil BUILDING ELEVATIONS AS PROPOSED AT THE APRIL 10, 2013 PLANNING COMMISSION HEARING ��i.1IA•$Fq�� MILLER HOLDING II, LLC Agenda Item D1 Page 10 4 4 M CURRENTLY PROPOSED BUILDING ELEVATIONS FOR THE OCTOBER 09, 2013 PLANNING COMMISSIOHEARING MILLER HOLDING II, LLC Agenda Item D1 Page 11 REVISED PERIMETER FENCING + LANDSCAPING OCTOBER 9, 2013 MILLER HOLDING II, LLC Agenda Item D1 Page 12 LU LLJ /$� No Lij CL LLJ LU 0I� - • • Y FJ: LU 4 >c s { - s, • • I - REVISED PERIMETER FENCING + LANDSCAPING OCTOBER 9, 2013 MILLER HOLDING II, LLC Agenda Item D1 Page 12 BAYS I DE t�11 TT 1 1 . TT T T %Y r--' Twiner noluilix ll LLQ, r-} L + + D SD SD SD SD SD SD SD SD SD SD SD SD SD SD - 1 SD SD SD SD z I M SD qD °,G SD SD SD L I Creek A SD SD SD SD D `:D SD SD SD SD SD _D �.. SD -D SD Sr) >- SD SD S'. '� A SD L o sD SD 4 SD SD sr. SO SD SD S _ e SD SD SD SD SD SDC n SD SD f J - f y SD SD SD �'1 SD SD SD SD � SD SD SD SD D .�'. ~ S0 SP SD SD SD S^ S L SD - _ r �-SHORE D r L SL SD SD SO SD S; SD SD SD SD 'U rI7�+ 7 SD SD SD SD SD D - 1 o SD SD SD SD SD SD SD E,L ttea ` ,. SD SD SD SD SD (SD SO SD SO SD SD SD SD O ^� SD SD SD SD SD SD SD SD SD co � SD SD SD SD SO SD SD SD SD SD SD SD SD SD SD SD SD SD SO SD SD SD SO SD SD SD SD SD SD SO SD SD SD SD SD SO SD SD SD SD SD SD SD S P SD SD SD SD SD SD SD SD SD - _x�=="- _ SD SD SO SD -.I SD SD SU i. SO SD SO SD SD SD SD SD SD - SD SO SD SD SD t, SD SO SD SD SD f) V;k-D St �k SD t- -L sp cn �D SD SD SD SD SD SD SD SL SD -B2. SD SD SD SD SD SD - 3D SD SD . SD SD SD SD SD SD SD SD SD �L - SD SD SD SD SD SD SD SD SD Q D SD SO SD - _ SD SD SD SD SD SD SD SC? D �D SD SD SL SD SD SD SD SD SD SD SD "[ SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD �r SD SD SD SD SD SD SD SD SD SD SD 112 SO SD St. +y SD SD SD SD �s _ SO SEfl J v 'Zoning with Conditions Proffers. Open Conditional Zoning Change from B-2 to Conditional B-4 Space Promotion or PDH -2 Overbys CUP for Multiple Family Dwellings SD - Shore Drive Overby ZONING HISTORY # DATE REQUEST ACTION 1 4/17/72 Rezoning (RS 4 Residence Suburban to CL 3 Limited Approved Commercial 2 2/8/06 Modification of Rezoning Withdrawn 3 6/13/06 Conditional Rezoning (R-10 (SD) Residential District to Denied Conditional B-4 (SD) Mixed Use District); Conditional Use Permit (multiple family dwellings), and Street Closure. 4 3/14/00 Conditional Use Permit (Service station in conjunction Approved with a convenience store b MILLER HOLDING II, LLC Agenda Item D1 Page 13 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) Miller Holding II LLC , Warren M. Miller (Pres.); Robin D. Miller (Vice Pres.) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A Check 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) Miller Holding If LLC, Warren M. Miller (Pres.); Robin D. Miller (Vice Pres.) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) NIA Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or epmloyee of City of Virginia Beach have an interest in the subject land? Yes J__L No ✓ If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT MILLER HOLDING II, LLC Agenda Item D1 Page 14 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) NIA ' "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. 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 Fd view th ite for purpos 1 of processing and evaluating this application. / y"~ Warren M. Miller Applicant's Signat Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT MILLER HOLDING IL LLC Agenda Item D1 Page 15 Item D1 Miller Holding II, L.L.C. Conditional Change of Zoning Conditional Use Permit District 4 Bayside October 9, 2013 REGULAR An application of Miller Holding II, L.L.0 for a Conditional Change of Zoning (B-2 Community Business to Conditional B-4 Mixed Use, and an application of Miller Holding II, L.L.C. for a Conditional Use Permit (Multifamily Dwellings) on property located at 4877 Shore Drive, District 4, Bayside. GPIN: 14793724420000. PROFFERS PROFFER 1: When the Property which is developed, it shall be as a Carriage Home residential community substantially in conformance with the Exhibit entitled "Rezoning Exhibit Oliver Square", dated December 5, 2012, prepared by Kellam Gerwitz, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. ("Concept Plan") PROFFER 2: When the Property is developed, it shall consist of two buildings, each containing three Carriage Homes. The ground level of each unit shall feature an entry and parking for two automobile. Each carriage home dwelling shall contain no less than 850 square feet of enclosed living area, excluding garage area. PROFFER 3: When the Property is developed it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Homeowners Association, to which membership by all residential units is mandatory which shall, among other things contain the Open Space areas. PROFFER 4: All residential dwellings constructed on the Property shall incorporate architectural features, design elements, and high quality building materials substantially similar in quality to those depicted on "Building Elevations of Oliver Square for Miller Holdings II, LLC' which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Item D1 Miller Holding II, L.L.C. Page 2 PROFFER 5: When the Property is developed, landscaping will include five outer perimeter oak trees and approximately one hundred seventy (170) bushes and shrubs, all surrounded by an attractive four -foot high fence. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan and / or Subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. Any references hereinabove to the B-4 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this agreement by City Council, which are by this reference incorporated herein. A motion was made by Dave Redmond and seconded by Jeff Hodgson to approved item D1. By a vote of 8-2, the Commission approved item D1. Robert Kellam appeared before the Commission on behalf of the applicant. AYE 8 NAY 2 ABS 0 ABSENT 1 BERNAS NAY FELTON NAY HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 8-2, the Commission approved item D1. Robert Kellam appeared before the Commission on behalf of the applicant. BEA In Reply Refer To Our File No. DF -8621 TO: Mark D. Stiles FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: November 12, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Miller Holding 11, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on November 26, 2013. 1 have reviewed the subject proffer agreement, dated September 17, 2013 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure / cc: Kathleen Hassen MILLER HOLDINGS II, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this, 17th day of September, 2013, by and between MILLER HOLDINGS II, LL:C, a Virginia limited liability company, Grantor, party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, the party of the first part is the owner of a certain parcel of property located in the Bayside District of the City of -Virginia Beach, Virginia, containing approximately .50 acres and.described as Exhibit "A" attached hereto and incorporated herein by this reference, which parcel is herein referred to as the "Property"; and WHEREAS, the party of the first part has .initiated a conditional amendment to,.the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from B-2 to Conditional B-4; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Properly for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and PREPARED BY: ROBERT L. GUTTERMAN, P.C. VSB #04107 5700 CLEVELAND STREET, #210 VIRGINIA BEACH, VA 23462 GPIN #1479-37-2442-0000 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and'without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor., its successors, personal representatives, assigns, grantees, and other successors in interest or title and which will not be required of the Grantor until the Property is developed: 1. When the Property which is developed, it shall be as a Carriage . Home residential community substantially in conformance with the Exhibit entitled " Rezoning Exhibit of Oliver'Square ", dated December 5, 2012, prepared by Kellam Gerwitz which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. When the Property is developed, it shall consist of two buildings, each containing three Carriage Homes. The ground level of each unit shall feature an entry and parking for two automobiles. Each Carriage Home dwelling shall contain no less than 850 square feet of enclosed living area excluding garage area. 3. -When the Properly is developed it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Homeowners Association, to which membership by all residential units is mandatory which shall, among other things maintain the Open Space areas. 4. All residential dwellings constructed on the Property shall incorporate architectural features, design elements and high quality building materials substantially similar in quality to those depicted on "Building Elevations of Oliver Square for Miller Holdings II, LLC" which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. The exteriors of the buildings shall, feature fiber cement -based siding and shingles, two single garage doors, and a single home quality entry doors. 5. When the Property is developed; landscaping will include five outer perimeter .oak trees and approximately one hundred seventy (170) bushes and shrubs, all surrounded by an attractive four -foot high fence. 6.. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the B-4 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the property and specifically repeals such conditions. Such conditions shall continue despite' a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially, revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public bearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of. such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and. the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Cleric s Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. WITNESS .the following signature and seal: Grantor: MILLER HOLDINGS II, LLC a Virginia Limited Liability Company )� BYNi---.(SEAL) Marren MilleY, Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this I'' day of September, 2013, by Warren Miller, Member of Miller Holdings II, LLC, a Virginia limited liability company, Grantor. i ry Publ My Commission Expires: Notary Registration No.: "° a� BRITTANY A HUSTED NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES 02.292016 MBIA. ALL MT certain lotTiOm ` rpaz l Of twa, with, the w,s and iiupove a theme Ai3p in t* Citi $V14ua a B.ea6h (%bf� in ICftp9VHIe.MAeA0dId Distri in the Comm o riapess A=), V4414i toiitg knalvn, nunrbmd and: dosto. atod as I Inst' l i�asf�en ('i: a play of A part of Ara on Terre, Semon No. Two (2), saki plat being duly recorded .in the Clerk's Come of ttie Circuit Court ofti c. City of Virginia 0each, (formerly P&qm Promo Cour) it in Map Book 24 at page 75 and with a deed. from W.X Oh'Nw St. et im., isy Scoft Kiry A;Iiee Scott, dated. November 4; 194% conveying L6t 17 on said -plat t stn iine ofsaitl.LotNine#ems (19) being the dotted lire drown on siid plat, which dotes time manes the eat side of Norfolk City wtor sherd: S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — Ordinances to (a) Adopt Appendix K, Floodplain Ordinance, to the City Code Pertaining to Floodplain Districts, Permits, Variance Conditions, and Enforcement. (b) Amend the City Zoning Ordinance Section 111 Pertaining to Floodplain Definitions, Section 200 Pertaining to Height and Floodplains, Section 238 Pertaining to Mobile Homes and Floodplains, Section 240 Pertaining to Recreational Campgrounds and Floodplains, Section 1124 Pertaining to Plan Development, PD -1-12 and Floodplains, and Section 2105 Workforce Housing and Floodplains. (c) Amend Appendix B, Subdivision Ordinance Section 1.5 Pertaining to Floodplains, Section 4.4 Pertaining to Lots and Floodplains, Section 6.1 Pertaining to Preliminary Plats and Data and Floodplains, and Section 6.3 Pertaining to Final Plats and Data and Floodplains. (d) Delete Section 513 of Appendix C, Site Plan Ordinance and Amend Section 1.17 Pertaining to Definitions and Floodplains and Section 4 Pertaining to Information on Site Development Plans and Floodplains. (e) Amend Appendix D, Stormwater Management, Section 4 (Definitions and Floodplains) and Section 9 (Design Criteria and Floodplains). (f) Amend Appendix G, Southern Watersheds Management Ordinance, Section 4 (Definitions and Floodplains), Section 7 (Performance Standards and Floodplains), Section 8 (Design Criteria and Floodplains), and Section 9 (the Southern Watersheds Management Plan and Floodplains). (g) Amend Section 103 of Appendix F, Chesapeake Bay Preservation Area Ordinance Pertaining to Definitions and Floodplains. (h) Establish Transition Rules for the Review of Site Plans, Subdivision Plats and other Plans of Development for Property in the Floodplain. MEETING DATE: November 26, 2013 ■ Background: The floodplain regulations of the City of Virginia Beach are being updated to address deficiencies identified by the Federal Emergency Management Agency (FEMA) during their review of the City's program during the summer of 2012. These updates will bring the regulations into compliance with the requirements of the National Flood Insurance Program (NFIP) and provide property owners a greater level of protection against flooding associated with coastal storm events. City of Virginia Beach — Floodplain Regulations Page 2 of 3 ■ Considerations: Major changes to the floodplain regulations include the following: • Moves the current location of the majority of the floodplain regulations (Section 5B of the Site Plan Ordinance) to Appendix K of the City Code, which is being established with this package of amendments. • Increases the `freeboard' (distance between the Base Flood Elevation [BFE] to the Finish Floor Elevation [FFE]) from 1 to 2 feet for new structures or for modifications greater than 50 percent of the value. • Creates an administrative variance to allow structures substantially damaged not by flood (fire, tornado, etc.) to be rebuilt to 1 foot of freeboard. • Defines and delegates duties required to administer the floodplain regulations to the Departments of Public Works and Planning. • Requires new or substantially improved manufactured homes to meet freeboard requirements. • Increases the application fee for a variance to $650 to capture most of the costs associated with the review. The costs of legal ad, sign, and postage for mailing of adjacent property owners will be billed separately, as is the case with all other application types. Major changes to the Zoning Ordinance include the following: • Allows single-family dwellings an additional 2 feet in building height above the maximum allowable height provided for by district regulations to alleviate height issues caused by increasing the freeboard from 1 foot to 2 feet. • Updates definitions to make them consistent with the definitions found in the Floodplain Ordinance (Appendix K). • Updates terminology for consistency with the Floodplain Ordinance (Appendix K). • Updates references to the Floodplain Ordinance from Section 5B of the Site Plan Ordinance to Appendix K. Major changes to the Site Plan Ordinance include the following: • Repeals Section 5B (current floodplain regulations) • Updates definitions to make them consistent with the definitions found in the Floodplain Ordinance (Appendix K). • Updates terminology for consistency with the Floodplain Ordinance (Appendix K). • Updates references to the Floodplain Ordinance from Section 5B of the Site Plan Ordinance to Appendix K. City of Virginia Beach — Floodplain Regulations Page 3of3 Major changes to the Subdivision Regulations, Appendix D, Stormwater Management, the Chesapeake Bay Preservation Area Ordinance and the Southern Watersheds Management Ordinance include the following: • Updates definitions to make them consistent with the definitions found in the Floodplain Ordinance (Appendix K). • Updates terminology for consistency with the Floodplain Ordinance (Appendix K). • Updates references to the Floodplain Ordinance from Section 5B of the Site Plan Ordinance to Appendix K. The ordinances had been deferred by the Planning Commission at its October 9 due to the desire of the commission to have the ability to review the complete package of amendments as well as consider additional input from community stakeholders. After that deferral, staff met with representatives of the development community and other stakeholders to share concerns and information and resolve issues related to the amendment package. The ordinances presented to the commission on November 13 (attached) are the result of the outcomes from those meetings. There was no opposition to the proposed ordinances. ■ Recommendations: The Planning Commission placed these ordinances on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval to the City Council. ■ Attachments: Staff Review Minutes of Planning Commission Hearing Ordinances Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ':�: � - Z�' W 13-D4 November 13, 2013 Public Hearing CITY OF VIRGINIA BEACH AMENDMENTS PERTAINING TO FLOODPLAIN REGULATIONS REQUESTS: 13. An Ordinance to Adopt Appendix K, Floodplain Ordinance, to the City Code Pertaining to Floodplain Districts, Permits, Variance Conditions, and Enforcement. 14. An Ordinance to Amend Appendix D, Stormwater Management, Section 4 (Definitions and Floodplains) and Section 9 (Design Criteria and Floodplains). 15. An Ordinance to Amend Appendix G, Southern Watersheds Management Ordinance, Section 4 (Definitions and Floodplains), Section 7 (Performance Standards and Floodplains), Section 8 (Design Criteria and Floodplains), and Section 9 (the Southern Watersheds Management Plan and Floodplains). 16. An Ordinance Establishing Transition Rules for the Review of Site Plans, Subdivision Plats and other Plans of Development for Property in the Floodplain. D1. Ordinance to Amend the City Zoning Ordinance Section 111 Pertaining to Floodplain Definitions, Section 200 Pertaining to Height and Floodplains, Section 238 Pertaining to Mobile Homes and Floodplains, Section 240 Pertaining to Recreational Campgrounds and Floodplains, Section 1124 Pertaining to Plan Development, PD -H2 and Floodplains, and Section 2105 Workforce Housing and Floodplains. D2. An Ordinance to Delete Section 5B of Appendix C, Site Plan Ordinance and Amend Section 1.17 Pertaining to Definitions and Floodplains and Section 4 Pertaining to Information on Site Development Plans and Floodplains. D3. An Ordinance to Amend Section 103 of Appendix F, Chesapeake Bay Preservation Area Ordinance Pertaining to Definitions and Floodplains. D4. An Ordinance to Amend Appendix B, Subdivision Ordinance Section 1.5 Pertaining to Floodplains, Section 4.4 Pertaining to Lots and Floodplains, Section 6.1 Pertaining to Preliminary Plats and Data and Floodplains, and Section 6.3 Pertaining to Final Plats and Data and Floodplains. CITY OF VIRGINIA BEACH / Floodplain Amendments Agenda Items 13,,,-",,D4 Pae 1 SUMMARY OF AMENDMENTS AMENDMENT REVIEW HISTORY: Action on the proposed amendments was deferred by the Planning Commission on October 9 due to the desire of the commission to have the ability to review the complete package of amendments as well as consider the input from community stakeholders. Staff has met with representatives of the development community and other stakeholders to share concerns and information. The parts of the overall package of amendments that were referenced by the amendments presented for the October 9 meeting are included with this report. The floodplain regulations of the City of Virginia Beach are being updated to address deficiencies identified by the Federal Emergency Management Agency (FEMA) during their review of the City's program during the summer of 2012. These updates will bring the regulations into compliance with the requirements of the National Flood Insurance Program (NFIP) and provide property owners a greater level of protection against flooding associated with coastal storm events. Major changes to the floodplain regulations include the following: - Moves the current location of the majority of the floodplain regulations (Section 5B of the Site Plan Ordinance) to Appendix K of the City Code, which is being established with this package of amendments. - Increases the 'freeboard' (distance between the Base Flood Elevation [BFE] to the Finish Floor Elevation [FFE]) from 1 to 2 feet for new structures or for modifications greater than 50 percent of the value. - Creates an administrative variance to allow structures substantially damaged not by flood (fire, tornado, etc.) to be rebuilt to 1 foot of freeboard. - Defines and delegates duties required to administer the floodplain regulations to the Departments of Public Works and Planning. - Requires new or substantially improved manufactured homes to meet freeboard requirements. - Increases the application fee for a variance to $650 to capture most of the costs associated with the review. The costs of legal ad, sign, and postage for mailing of adjacent property owners will be billed separately, as is the case with all other application types. Major changes to the Zoning Ordinance include the following: - Allows single-family dwellings an additional 2 feet in building height above the maximum allowable height provided for by district regulations to alleviate height issues caused by increasing the freeboard from 1 foot to 2 feet. - Updates definitions to make them consistent with the definitions found in the Floodplain Ordinance (Appendix K). - Updates terminology for consistency with the Floodplain Ordinance (Appendix K). - Updates references to the Floodplain Ordinance from Section 5B of the Site Plan Ordinance to Appendix K. Major changes to the Site Plan Ordinance include the following: CITY OF VIRGINIA BEACH / Floodplain.Amen Agenda Items 13,4' D4 Page 2 Repeals Section 56 (current floodplain regulations) Updates definitions to make them consistent with the definitions found in the Floodplain Ordinance (Appendix K). - Updates terminology for consistency with the Floodplain Ordinance (Appendix K). Updates references to the Floodplain Ordinance from Section 5B of the Site Plan Ordinance to Appendix K. Major changes to the Subdivision Regulations, Appendix D, Stormwater Management, the Chesapeake Bay Preservation Area Ordinance and the Southern Watersheds Management Ordinance include the following: - Updates definitions to make them consistent with the definitions found in the Floodplain Ordinance (Appendix K). - Updates terminology for consistency with the Floodplain Ordinance (Appendix K). - Updates references to the Floodplain Ordinance from Section 5B of the Site Plan Ordinance to Appendix K. RECOMMENDATION Staff recommends approval of these amendments. The amendments are based on review by the Federal Emergency Management Agency of the City's Floodplain Program, and are critical for the purpose of addressing issues raised as a result of that review as well as ensuring the City's continued compliance with the National Flood Insurance Program. N CITY OF VIRGINIA BEACH / Floodplain Amendments Agenda Items 13 D4 Page, 3 Item(s)13-16 & D1 -D4 City of Virginia Beach (Floodplains) November 13, 2013 CONSENT 13. An Ordinance to Adopt Appendix K, Floodplain Ordinance, to the City Code Pertaining to Floodplain Districts, Permits, Variance Conditions, and Enforcement. 14. An Ordinance to Amend Appendix D, Stormwater Management, Section 4 (Definitions and Floodplains) and Section 9 (Design Criteria and Floodplains). 15. An Ordinance to Amend Appendix G, Southern Watersheds Management Ordinance, Section 4 (Definitions and Floodplains), Section 7 (Performance Standards and Floodplains), Section 8 (Design Criteria and Floodplains), and Section 9 (the Southern Watersheds Management Plan and Floodplains). 16. An Ordinance Establishing Transition Rules for the Review of Site Plans, Subdivision Plats and other Plans of Development for Property in the Floodplain. D1. Ordinance to Amend the City Zoning Ordinance Section 111 Pertaining to Floodplain Definitions, Section 200 Pertaining to Height and Floodplains, Section 238 Pertaining to Mobile Homes and Floodplains, Section 240 Pertaining to Recreational Campgrounds and Floodplains, Section 1124 Pertaining to Plan Development, PD -1-12 and Floodplains, and Section 2105 Workforce Housing and Floodplains. D2. An Ordinance to Delete Section 5B of Appendix C, Site Plan Ordinance and Amend Section 1.17 Pertaining to Definitions and Floodplains and Section 4 Pertaining to Information on Site Development Plans and Floodplains. D3. An Ordinance to Amend Section 103 of Appendix F, Chesapeake Bay Preservation Area Ordinance Pertaining to Definitions and Floodplains. D4. An Ordinance to Amend Appendix B, Subdivision Ordinance Section 1.5 Pertaining to Floodplains, Section 4.4 Pertaining to Lots and Floodplains, Section 6.1 Pertaining to Preliminary Plats and Data and Floodplains, and Section 6.3 Pertaining to Final Plats and Data and Floodplains. SUMMARY OF AMENDMENTS AMENDMENT REVIEW HISTORY: Action on the proposed amendments was deferred by the Planning Commission on October 9 due to the desire of the commission to have the ability to review the complete package of amendments as well as consider the input from community Item(s)13-16 & D1 -D4 City of Virginia Beach (Floodplains) Page 2 stakeholders. Staff has met with representatives of the development community and other stakeholders to share concerns and information. The floodplain regulations of the City of Virginia Beach are being updated to address deficiencies identified by the Federal Emergency Management Agency (FEMA) during their review of the City's program during the summer of 2012. These updates will bring the regulations into compliance with the requirements of the National Flood Insurance Program (NFIP) and provide property owners a greater level of protection against flooding associated with coastal storm events. Major changes to the floodplain regulations include the following: - Moves the current location of the majority of the floodplain regulations (Section 5B of the Site Plan Ordinance) to Appendix K of the City Code, which is being established with this package of amendments. Increases the 'freeboard' (distance between the Base Flood Elevation [BFE] to the Finish Floor Elevation [FFE]) from 1 to 2 feet for new structures or for modifications greater than 50 percent of the value. Creates an administrative variance to allow structures substantially damaged not by flood (fire, tornado, etc.) to be rebuilt to 1 foot of freeboard. Defines and delegates duties required to administer the floodplain regulations to the Departments of Public Works and Planning. - Requires new or substantially improved manufactured homes to meet freeboard requirements. - Increases the application fee for a variance to $650 to capture most of the costs associated with the review. The costs of legal ad, sign, and postage for mailing of adjacent property owners will be billed separately, as is the case with all other application types. Major changes to the Zoning Ordinance include the following: Allows single-family dwellings an additional 2 feet in building height above the maximum allowable height provided for by district regulations to alleviate height issues caused by increasing the freeboard from 1 foot to 2 feet. Updates definitions to make them consistent with the definitions found in the Floodplain Ordinance (Appendix K). Updates terminology for consistency with the Floodplain Ordinance (Appendix K). Updates references to the Floodplain Ordinance from Section 5B of the Site Plan Ordinance to Appendix K. Major changes to the Site Plan Ordinance include the following: Item(s)13-16 & D1 -D4 City of Virginia Beach (Floodplains) Page 3 Repeals Section 5B (current floodplain regulations) - Updates definitions to make them consistent with the definitions found in the Floodplain Ordinance (Appendix K). Updates terminology for consistency with the Floodplain Ordinance (Appendix K). Updates references to the Floodplain Ordinance from Section 5B of the Site Plan Ordinance to Appendix K. Major changes to the Subdivision Regulations, Appendix D, Stormwater Management, the Chesapeake Bay Preservation Area Ordinance and the Southern Watersheds Management Ordinance include the following: - Updates definitions to make them consistent with the definitions found in the Floodplain Ordinance (Appendix K). Updates terminology for consistency with the Floodplain Ordinance (Appendix K). Updates references to the Floodplain Ordinance from Section 5B of the Site Plan Ordinance to Appendix K. AYE 11 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved items 13-16, D1 -D4. Clay Bernick spoke on this item. Revised Version 1 AN ORDINANCE TO ADOPT APPENDIX K, 2 (FLOODPLAIN ORDINANCE) OF THE CITY 3 CODE, PERTAINING TO FLOODPLAIN 4 DISTRICTS, PERMITS, VARIANCE 5 CONDITIONS AND ENFORCEMENT 6 7 Section Added: Appendix K, Floodplain Ordinance 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Appendix K, Floodplain Ordinance, of the Code of the City of Virginia 13 Beach, Virginia, is hereby adopted to read as follows: 14 15 ARTICLE I - GENERAL PROVISIONS 16 17 Sec. 1.1. Statutory authorization and purpose. 18 19 A. This ordinance is adopted pursuant to the authority granted to localities by Va. 20 Code § 10.1 — 600 et seq. 21 22 B. The City Council finds the purpose of these provisions is to prevent the loss of 23 life and property, the creation of health and safety hazards, the disruption of commerce 24 and governmental services the extraordinary and unnecessary expenditure of public 25 funds for flood protection and relief, and the impairment of the tax base by: 26 27 1. Regulating uses activities and development that, alone or in combination 28 with other existing or future uses activities, and development, will cause 29 unacceptable increases in flood heights, velocities, and frequencies; 30 31 2. Restricting or prohibiting certain uses, activities, and development from 32 locating within districts subject to flooding; 33 34 3. Requiring all uses activities, and developments that do occur in flood - 35 prone districts be protected or flood -proofed against flooding and flood 36 damage; 37 38 4. Protecting individuals from buying land and structures that are unsuited for 39 intended purposes because of flood hazards; and 40 41 5. Acknowledging that the tide data over the last 100 years shows that 42 Virginia Beach is facing an increased danger of flooding caused by both 43 sea level rise and subsidence. 44 45 46 47 48 COMMENT 49 50 The entire Floodplain ordinance has been moved from Appendix C—Site Plan Ordinance 51 to the proposed Appendix K—Floodplain Ordinance for clarity and ease of use by the public. The 52 enclosed revisions were also required by the Community Assistance Visit of the Federal Emergency 53 Management Agency (FEMA) in May 2012. 54 55 This section of the Ordinance lists the purpose of the ordinance and is taken from the 56 Model Ordinance developed by the Department of Conservation and Recreation in compliance with 57 the requirements of FEMA. Only section 1.1 B. 5. was added to the Model Ordinance. 58 59 Sec. 1.2. Applicability. 60 61 These provisions shall apply to all privately and publicly owned lands within the 62 jurisdiction of the City of Virginia Beach and identified as areas of special flood hazard 63 according to the Flood Insurance Rate Map (FIRM) that is provided to the City of 64 Virginia Beach by the Federal Emergency Management Agency (FEMA) and dated May 65 4 2009 or identified as floodplains subject to special restrictions in Section 4.10 of this 66 ordinance. 67 68 COMMENT 69 70 This section clarifies that the ordinance applies to both private and public lands which are 71 identified on the Flood Insurance Rate Maps (FIRM) as special flood hazard areas or are identified 72 by the City as floodplains subject to special restrictions. 73 74 Sec. 1.3. Definitions. 75 76 Base flood The flood having a one (1) percent chance of being equaled or 77 exceeded in any given year; also referred to as the one hundred (100) year flood. 78 79 Base flood elevation The FEMA designated one (1) percent annual chance 80 water surface elevation. The water surface elevation of the base flood in relation to the 81 datum specified on the City's FIRM. 82 83 Basement. Any area of the building having its floor sub-grade (below ground 84 level) on all sides. 85 86 Breakaway wall A wall that is not part of the structural support of the building 87 and is intended through its design and construction to collapse under specific lateral 88 loading forces without causing damage to the elevated portion of the building or the 89 supporting foundation system. 90 91 City council The body designated to review appeals made by individuals with 92 regard to decisions of the Floodplain Administrator in the interpretation of this 93 ordinance. 94 95 City manager. The city manager of the City of Virginia Beach, or his designees. 2 96 97 Development Any man-made change to improved or unimproved real estate, 98 including but not limited to buildings or other structures, the placement of 99 manufactured homes streets mining dredging filling grading, paving, excavation or 100 drilling operations storage of equipment or materials or the subdivision of land. 101 102 Elevated building A non-basement building built to have the lowest floor elevated 103 above the ground level by means of solid foundation perimeter walls, pilings, or columns 104 (posts and piers). 105 106 Encroachment The advance or infringement of uses, plant growth, fill, 107 excavation buildings permanent structures or development into a floodplain, which 108 may impede or alter the flow capacity of a floodplain. 109 110 Existing construction. Structures for which the "start of construction" commenced 111 before the effective date of the most recent FIRM (Mav 4, 2009) "Existing construction" 112 may also be referred to as "existing structures." 113 114 Flood or flooding. 115 116 1. A general or temporary condition of partial or complete inundation of 117 normally dry land areas from: 118 119 a. The overflow of inland or tidal waters; 120 121 b. The unusual and rapid accumulation or runoff of surface waters 122 from any source; or 123 124 c. Mudflows which are proximately caused by flooding as defined in 125 paragraph 1.b. of this definition and are akin to a river of liquid and 126 flowing mud on the surfaces of normally dry land areas, as when 127 earth is carried by a current of water and deposited along the path 128 of the current. 129 130 2. The collapse or subsidence of land along the shore of a lake or other 131 body of water as a result of erosion or undermining caused by waves or 132 currents of water exceeding anticipated cyclical levels or suddenly 133 caused by an unusually high water level in a natural body of water, 134 accompanied by a severe storm, an unanticipated force of nature such 135 as flash flood or an abnormal tidal surge, or by some similarly unusual 136 and unforeseeable event that results in flooding as defined in paragraph 137 1.a. of this definition. 138 139 Flood Insurance Rate Map (FIRM). An official map of the City, on which FEMA 140 has delineated both the special flood hazard areas and the risk premium zones 141 applicable to the community. A FIRM that has been made available digitally is called a 142 Digital Flood Insurance Rate Map (DFIRM). 143 144 Flood Insurance Study (FIS). A report by FEMA that examines, evaluates, and 145 determines flood hazards and if appropriate corresponding water surface elevations, or 146 an examination evaluation, and determination of mudfl_ow and flood -related erosion 147 hazards. 148 149 Floodplain. Any land area susceptible to being inundated by water from any 150 source. 151 152 Flood proofing Any combination of structural and non-structural additions, 153 changes or adjustments to structures which reduce or eliminate flood damage to real 154 estate or improved real property, water and sanitary facilities or structures and their 155 contents. 156 157 Floodway. The channel of a river or other watercourse and the adjacent land 158 areas that shall be reserved to discharge the base flood without cumulatively increasing 159 the water surface elevation more than one (1) foot. The "floodway" may also be referred 160 to as the "regulatory floodway". 161 162 Freeboard. A factor of safety usually expressed in feet above the base flood 163 elevation for purposes of floodplain management. "Freeboard" tends to compensate for 164 the many unknown factors that could contribute to flood heights greater than the height 165 calculated for a selected size flood and floodway conditions, such as wave action, 166 bridge openings and the hydrological effect of urbanization in the watershed. When a 167 freeboard is included in the height of a structure, the flood insurance premiums may be 168 less expensive. 169 170 Highest adiacent grade. The highest natural elevation of the ground surface prior 171 to construction next to the proposed walls of a structure. 172 173 Historic structure. Any structure that is: 174 175 1. Listed individually in the National Register of Historic Places (a listing 176 maintained by the Department of Interior) or preliminarily determined by 177 the Secretary of the Interior as meeting the requirements for individual 178 listing on the National Register; 179 180 2. Certified or preliminarily determined by the Secretary of the Interior as 181 contributing to the historical significance of a registered historic district or 182 a district preliminarily determined by the Secretary to qualify as a 183 registered historic district; 184 185 3. Individually listed on a state inventory of historic places in states with 186 historic preservation programs that have been approved by the 187 Secretary of the Interior, or 188 189 4. Individually listed on a local inventory of historic places in communities 190 with historic preservation programs that have been certified either: 191 192 a. By an approved state program as determined by the Secretary of 193 the Interior or 194 195 b. Directly by the Secretary of the Interior in states without approved 196 programs. 197 198 Hydrologic and Hydraulic Engineering Analysis. Analyses performed by a 199 professional engineer licensed by the Commonwealth of Virginia, in accordance with 200 standard engineering practices that are accepted by the Virginia Department of 201 Conservation and Recreation and FEMA, used to determine the base flood, other 202 frequency floods flood elevations floodway information and boundaries, and flood 203rop files. 204 205 Letters of Map Change (LOMC). A Letter of Map Change is an official FEMA 206 determination by letter, that amends or revises an effective FIRM or FIS. Letters of Map 207 Change include: 208 209 1. Letter of Map Amendment (LOMA): An amendment based on technical 210 data showing that a property was incorrectly included in a designated 211 Special Flood Hazard Area (SFHA). A LOMA amends the current 212 effective FIRM and establishes that a land as defined by metes and 213 bounds or a structure is not located in a SFHA. 214 215 2. Letter of Map Revision (LOMR): A revision based on technical data that 216 may show changes to flood zones, flood elevations, floodplain and 217 floodway delineations, and planimetric features. A Letter of Map 218 Revision Based on Fill (LOMR-F) is a determination that a structure or 219 parcel of land has been elevated by fill above the base flood elevation 220 and is, therefore, no longer exposed to flooding associated with the base 221 flood. In order to qualify for this determination, the fill must have been 222 permitted and placed in accordance with the City's floodplain 223 management ordinance. 224 225 3. Conditional Letter of Map Revision (CLOMR): A formal review and 226 comment as to whether a proposed flood protection project or other 227 project complies with the minimum National Flood Insurance Program 228 (NFIP) requirements for such projects with respect to delineation of 229 SFHAs. A CLOMR does not revise the effective FIRM or FIS. 230 231 Lowest floor. The lowest floor of the lowest enclosed area (including basement). 232 An unfinished or flood -resistant enclosure usable solely for parking of vehicles, building 233 access or storage in an area other than a basement area is not considered a building's 234 lowest floor, provided that such enclosure is not built so as to render the structure in 235 violation of the applicable non -elevation design requirements of Federal Code 44CFR 236 §60.3. 237 238 Manufactured home A structure transportable in one or more sections, that is 239 built on a permanent chassis and is designed for use with or without a permanent 240 foundation when connected to the required utilities. For floodplain management 241 purposes the term "manufactured home" also includes park trailers, travel trailers, and 242 other similar vehicles placed on a site for greater than one hundred eighty (180) 243 consecutive days but does not include a recreational vehicle. 244 245 Manufactured home park or subdivision. A parcel (or contiguous parcels) of land 246 divided into two (2) or more manufactured home lots for rent or sale. 247 248 Market value The value of a structure, established prior to the damage in 249 question as determined by property values used for tax assessment purposes 250 (assessment) as adjusted by the Virginia Beach Real Estate Assessor (market factor) to 251 reflect current market conditions or as determined by an independent appraisal done by 252 a professional appraiser. 253 254 New construction For the purposes of determining insurance rates, structures for 255 which the "start of construction" commenced on or after October 3, 1970 and includes 256 any subsequent improvements to such structures. For floodplain management purposes, 257 new construction means structures for which the start of construction commenced on or 258 after the effective date of a floodplain management ordinance adopted by the City and 259 includes any subsequent improvements to such structures. 260 261 Post -FIRM structures. A structure for which construction or substantial 262 improvement occurred after October 3, 1970. 263 264 Pre -FIRM structures. A structure for which construction or substantial 265 improvement occurred on or before October 3, 1970. 266 267 Recreational vehicle. A vehicle that is: 268 269 1. Built on a single chassis; 270 271 2. Four hundred (400) square feet or less when measured at the largest 272 horizontal proiection; 273 274 3. Designed to be self-propelled or permanently towable by a light duty 275 truck, and 276 277 4. Designed primarily not for use as a permanent dwelling but as temporary 278 living quarters for recreational camping, travel, or seasonal use. 279 280 Regulatory flood protection elevation (design flood elevation). The base flood 281 elevation plus the freeboard required by this ordinance. 282 283 Special flood hazard area (SFHA). The land in the floodplain subject to a one (1) 284 percent or greater chance of being flooded in any given year as set forth in this 285 ordinance. These areas are designated as AE, AO, A, and VE on the FIRM. 286 287 Start of construction. For other than new construction and substantial 288 improvement under the Coastal Barrier Resources Act (P.L. 97-348), means the date 289 the building permit was issued, provided the actual start of construction, repair, 290 reconstruction, rehabilitation, addition, placement, substantial improvement, or other 291 improvement was within one hundred eighty (180) days of the permit date. The actual 292 start means either the first placement of permanent construction of a structure on a site, 293 such as the pouring of slab or footings, the installation of piles, the construction of 294 columns, or any work beyond the stage of excavation, or the placement of a 295 manufactured home on a foundation. Permanent construction does not include land 296 preparation, such as clearing, grading, and filling, nor does it include the installation of 297 streets and/or walkways; nor does it include excavation for a basement, footings, piers, 298 or foundations or the erection of temporary forms; nor does it include the installation on 299 the property of accessory buildings, such as garages or sheds not occupied as dwelling 300 units or not part of the main structure. For a substantial improvement, the actual start of 301 the construction means the first alteration of any wall, ceiling, floor, or other structural 302 part of a building, whether or not that alteration affects the external dimensions of the 303 building. GIL.I 305 Structure. For floodplain management purposes, a walled and roofed building, 306 including a gas or liquid storage tank, that is principally above ground, as well as a 307 manufactured home. 308 309 Substantial damage. Damage of any origin sustained by a structure whereby the 310 cost of restoring the structure to its before damaged condition would equal or exceed 311 fifty (50) percent of the market value of the structure before the damage occurred. 312 313 Substantial improvement. Any reconstruction, rehabilitation, addition, or other 314 improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the 315 market value of the structure before the start of construction of the improvement. This 316 term includes structures that have incurred substantial damage regardless of the actual 317 repair work performed The term does not however, include either: 318 319 1. Any project for improvement of a structure to correct existing violations 320 of state or local health sanitary, or safety code specifications that have 321 been identified by the local code enforcement official and are the 322 minimum necessary to assure safe living conditions; or 323 324 2. Any alteration of a historic structure provided that the alteration will not 325 preclude the structure's continued designation as a historic structure. 326 327 3. Historic structures undergoing repair or rehabilitation that would 328 constitute a substantial improvement as defined above, shall comply with 329 all ordinance requirements that do not preclude the structure's continued 330 designation as a historic structure. Documentation that a specific 331 ordinance requirement will cause removal of the structure from the 332 National Register of Historic Places or the State Inventory of Historic 333 places shall be obtained from the Secretary of the Interior or the State 334 Historic Preservation Officer. Any exemption from ordinance 335 requirements will be the minimum necessary to preserve the historic 336 character and design of the structure. 337 338 Violation The failure of a structure or other development to be fully compliant 339 with the provisions of the floodplain ordinance in effect at the time of construction or 340 development A structure or other development without the elevation certificate, other 341 certifications or other evidence of compliance required in this ordinance is presumed to 342 be in violation until such time as that documentation is provided. 343 344 Watercourse Any natural or artificial lake river, creek, stream, ditch, channel, 345 waterway gully, ravine swale or wash in which water flows, either continuously, 346 periodically, or intermittently, and which has a definite channel, bed, or banks. 347 348 COMMENT 349 350 The definitions herein are taken from the Model Ordinance and are in compliance with 351 FEMA requirements. The definitions of "market value" and "violation" have been modified to 352 adhere to conditions in Virginia Beach. 353 354 Sec. 1.4. Compliance and liability. 355 356 A. No land shall hereafter be developed and no structure shall be located, 357 relocated, constructed reconstructed enlarged or structurally altered except in full N. 358 compliance with the terms and provisions of this ordinance and any other applicable 359 ordinances and regulations that apply to uses within the City. 360 361 B. The degree of flood protection sought by the provisions of this ordinance is 362 considered reasonable for regulatory purposes and is based on acceptable engineering 363 methods of study, but does not imply total flood protection. Larger floods may occur on 364 rare occasions Flood heights may be increased by man- made or natural causes, such 365 as ice lams and bridge openings restricted by debris. This ordinance does not imply that 366 districts outside the floodplain district or land uses permitted within such district will be 367 free from flooding or flood damages. 368 369 C. This ordinance shall not create liability on the part of the City of Virginia 370 Beach or any officer or employee thereof for any flood damages that result from reliance 371 on this ordinance or any administrative decision lawfully made thereunder. 372 373 COMMENT 374 375 This section states the requirement for compliance with the Floodplain Ordinance, stating 376 that determinations under the Floodplain Ordinance do not imply that land outside of its 377 jurisdiction will not flood or that compliance with its provisions will guarantee that property will 378 not flood. The provisions herein are taken from the Model Ordinance and are in compliance with 379 FEMA requirements. 380 381 Sec. 1.5. Records. 382 383 Records of actions associated with administering this ordinance shall be kept on 384 file and maintained by the Floodplain Administrator. 385 386 COMMENT 387 388 Records, indicated in the text of the Ordinance, must be kept by the City. The provisions 389 herein are taken from the Model Ordinance and are in compliance with FEMA requirements. 390 391 Sec. 1.6. Abrogation and -greater restrictions. 392 393 This ordinance supersedes any ordinance currently in effect in the floodplain. 394 Any ordinance however, shall remain in full force and effect to the extent that its 395 provisions are more restrictive. 396 397 COMMENT 398 399 This section allows for more restrictive provisions to apply than required by FEMA, but 400 supersedes any provisions that are less restrictive. The provisions herein are taken from the Model 401 Ordinance and are in compliance with FEMA requirements. 402 403 Sec. 1.7. Severability. 404 405 If any section subsection paragraph sentence, clause, or phrase of this E 406 ordinance be declared by the courts to be unconstitutional or invalid for any reason 407 whatsoever, such decision shall not affect the validity of the ordinance as a whole other 408 than the part so declared to be unconstitutional or invalid. 409 410 COMMENT 411 412 This standard section states that if any provisions are found to be invalid, the other sections 413 shall still remain valid. The provisions herein are taken from the Model Ordinance and are in 414 compliance with FEMA requirements. 415 416 Sec. 1.8. Penalty for violations. 417 418 Any person who fails to comply with any of the requirements or provisions of this 419 ordinance or directions of the directors of planning or public works or any authorized 420 employee of the City of Virginia Beach shall be guilty of the appropriate violation and 421 subject to the penalties therefore. Any violation of the provision of this ordinance shall 422 be punishable by a fine of not more than one hundred dollars ($100.00). Each person 423 shall be deemed guilty of a separate offense for each and every day or portion thereof 424 during which any violation of any of the provisions of this ordinance is committed. 425 426 The Virginia Uniform Statewide Building Code (VA USBC) addresses building 427 code violations and the associated penalties in Section 104 and Section 115. 428 429 In addition to the above penalties, all other actions are hereby reserved, including 430 an action in equity for the proper enforcement of this ordinance. The imposition of a fine 431 or penalty for any violation of, or noncompliance with, this ordinance shall not excuse 432 the violation or noncompliance or permit it to continue, and all such persons shall be 433 required to correct or remedy such violations within a reasonable time. Any structure 434 constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this 435 ordinance may be declared by the City of Virginia Beach to be a public nuisance and 436 abatable as such. Flood insurance may be withheld from structures constructed in 437 violation of this ordinance. 438 439 COMMENT 440 441 The penalty of $100 was the penalty in the Site Plan Ordinance for floodplain violations. 442 The other penalties to include abatement, injunctions and loss of flood insurance are taken from the 443 Model Ordinance and are in compliance with FEMA requirements. 444 445 ARTICLE II - ADMINISTRATION 446 447 Sec. 2.1. Designation of the floodplain administrator. 448 449 The City Manager of the City of Virginia Beach is hereby appointed the 450 Floodplain Administrator to administer and implement this ordinance. The Floodplain 451 Administrator has delegated the duties and responsibilities set forth in this ordinance to 452 the Departments of Public Works and Planning, as specified below. 10 453 454 COMMENT 455 456 This section appoints the City Manager as the Floodplain Administrator. Other duties have 457 been designated to either the Department of Planning or Public Works, depending upon who 458 actually performs the function currently. 459 460 461 Sec 2.2. Duties and responsibilities of the Department of Public Works. 462 463 The duties and responsibilities of the Department of Public Works shall include 464 but are not limited to: 465 466 A. Interpreting floodplain boundaries and providing available base flood 467 elevation and flood hazard information; 468 469 B. Verifying that applicants proposing an alteration of a watercourse have 470 notified adjacent communities the Department of Conservation and 471 Recreation (Division of Dam Safety and Floodplain Management), and other 472 appropriate agencies (Virginia Department of Environmental Quality (VADEQ), 473 United States Army Corps of Engineers (USACE) etc.) and have submitted 474 copies of such notifications to FEMA; 475 476 C. Advising applicants for new construction or substantial improvement of 477 structures that are located within an area of the Coastal Barrier Resources 478 System established by the Coastal Barrier Resources Act that Federal flood 479 insurance is not available on such structures; areas subject to this limitation 480 are shown on FIRMs as Coastal Barrier Resource System Areas or 481 Otherwise Protected Areas; 482 483 D. Submitting to FEMA or requiring applicants to submit to FEMA data and 484 information necessary to maintain FIRMs including hydrologic and hydraulic 485 engineering analyses prepared by or for the City within six (6) months after 486 such data and information becomes available if the analyses indicate 487 changes in base flood elevations; 488 489 E. Maintaining and permanently keeping Flood Insurance Studies, FIRMs 490 (including historic studies and maps and current effective studies and maps) 491 and Letters of Map Change; 492 493 F. Notifying FEMA when the corporate boundaries of the City of Virginia Beach 494 have been modified and: 495 496 1. Providing a map that clearly delineates the new corporate boundaries or 497 the new area for which the authority to regulate pursuant to this 498 ordinance has either been assumed or relinquished through annexation; 499 and 11 We 501 2. If the FIRM for any annexed area includes SFHAs that have flood zones 502 with regulatory requirements that are not set forth in this ordinance, 503 prepare amendments to this ordinance to adopt the FIRM and 504 appropriate requirements, and submit the amendments to the city 505 council for adoption; such adoption shall take place at the same time as 506 or prior to the date of annexation and a copy of the amended ordinance 507 shall be provided to the Department of Conservation and Recreation 508 (Division of Dam Safety and Floodplain Management) and FEMA. 509 510 G. Upon the request of FEMA, completing and submitting a report concerning 511 participation in the NFIP, which may request information regarding the 512 number of buildings in the SFHA, the number of permits issued for 513 development in the SFHA, and the number of variances issued for 514 development in the SFHA. 515 516 COMMENT 517 518 The duties of the Department of Public Works are listed and include most of the 519 determinative functions of the Floodplain Administrator. The list of duties is taken from the Model 520 Ordinance and is in compliance with FEMA requirements. 521 522 Sec. 2.3. Duties and responsibilities of the Department of Planning. 523 524 The duties and responsibilities of the Department of Planning shall include but 525 are not limited to: 526 527 A. Reviewing applications for permits to determine whether proposed activities 528 will be located in the SFHA; 529 530 B. Reviewing applications to determine whether proposed activities will be 531 reasonably safe from flooding and requiring new construction and substantial 532 improvements to meet the requirements of this ordinance; 533 534 C. Reviewing applications to determine whether all necessary permits have been 535 obtained from the Federal, State, or local agencies from which prior or 536 concurrent approval is required; in particular, permits from state agencies for 537 any construction, reconstruction, repair, or alteration of a dam, reservoir, or 538 waterway obstruction (including bridges, culverts, structures), any alteration of 539 a watercourse, or any change of the course, current, or cross section of a 540 stream or body of water, including any change to the SFHAs of free- flowing 541 non -tidal waters of the State; 542 543 D. Approving applications and issuing permits to develop in flood hazard areas if 544 the provisions of this ordinance have been met, or disapproving applications if 545 the provisions of this ordinance have not been met: if. 12 547 E. Granting administrative variances pursuant to Section 6.1 of this ordinance; 548 549 F. Inspecting or causing to be inspected buildings structures, and other 550 development for which permits have been issued to determine compliance 551 with this ordinance or to determine if non-compliance has occurred or 552 violations have been committed; 553 554 G. Reviewing Elevation Certificates and requiring incomplete or deficient 555 certificates to be corrected; 556 557 H. Maintaining and permanently keeping documentation supporting the issuance 558 and denial of permits Elevation Certificates documentation of the elevation 559 (in relation to the datum on the FIRM) to which structures have been flood 560 proofed and other required design certifications variances, and records of 561 enforcement actions taken to correct violations of this ordinance; 562 563 I. Enforcing the provisions of this ordinance investigating violations, issuing 564 notices of violations or stop work orders and requiring permit holders to take 565 corrective action; 566 567 J. Advising the city council regarding the intent of this ordinance and, for each 568 application for a variance preparing a staff report and recommendation; and 569 570 K. Administering the requirements related to proposed work on existing 571 buildings: 572 573 1. Making determinations as to whether buildings and structures that are 574 located in flood hazard areas and that are damaged by any cause have 575 been substantially damaged; and 576 577 2. Making reasonable efforts to notify owners of substantially damaged 578 structures of the need to obtain a permit to repair, rehabilitate, or 579 reconstruct and prohibit the non-compliant repair of substantially 580 damaged buildings except for temporary emergency protective 581 measures necessary to secure a property or stabilize a building or 582 structure to prevent additional damage. 583 584 COMMENT 585 586 The duties of the Department of Planning are listed and include most of the site plan review 587 issues, permitting and enforcement which are performed by the Divisions of Permits and 588 Inspections and the Development Services Center. The provisions herein are taken from the Model 589 Ordinance and are in compliance with FEMA requirements. 590 591 Sec. 2.4. Shared duties and responsibilities. 592 593 The duties and responsibilities shared by the Departments of Public Works and 13 594 Planning shall include but are not limited to: 595 596 A. Undertaking as determined appropriate by the Floodplain Administrator due 597 to the circumstances other actions that may include but are not limited to: 598 issuing press releases public service announcements, and other public 599 information materials related to permit requests and repair of damaged 600 structures; coordinating with other Federal State, and local agencies to assist 601 with substantial damage determinations; providing owners of damaged 602 structures information related to the proper repair of damaged structures in 603 SFHAs; and assisting property owners with documentation necessary to file 604 claims for Increased Cost of Compliance coverage under National Flood 605 Insurance Program (NFIP) flood insurance policies; and 606 607 B. It is the duty of the City Floodplain Administrator to take into account flood, 608 mudslide and flood -related erosion hazards, to the extent that they are 609 known in all official actions relating to land management and use throughout 610 the entire jurisdictional area of the city, whether or not those hazards have 611 been specifically delineated geographically (e.g., via mapping or surveying). 612 613 COMMENT 614 615 The shared duties of Planning and Public Works are listed as required in the Model 616 Ordinance. 617 618 Sec. 2.5. Use and Interpretation of FIRMs. 619 620 The Floodplain Administrator shall make interpretations, where needed, as to the 621 exact location of SFHAs floodplain boundaries, and floodway boundaries. The following 622 shall apply to the use and interpretation of FIRMs and data: 623 624 A. Where field surveyed topography indicates that adjacent ground elevations: 625 626 1. Are below the base flood elevation, even in areas not delineated as a 627 SFHA on a FIRM, the area shall be considered a SFHA and subject to 628 the requirements of this ordinance; 629 630 2. Are above the base flood elevation, the area shall be regulated as a 631 SFHA unless the applicant obtains a Letter of Map Change that removes 632 the area from the SFHA. 633 634 B. In FEMA -identified SFHAs where base flood elevation and floodway data 635 have not been identified and in areas where FEMA has not identified SFHAs, 636 any other flood hazard data available from a Federal, State, local or other 637 source shall be reviewed and reasonably used. 638 639 C. Base flood elevations and designated floodway boundaries on FIRMs and in 640 Flood Insurance Studies (FISs) shall take precedence over base flood 14 641 elevations and floodway boundaries by any other sources if such sources 642 show reduced floodway widths or lower base flood elevations. 643 644 D. Other sources of data shall be reasonably used if such sources show 645 increased base flood elevations or larger floodway areas than are shown on 646 FIRMs and in FISs. 647 648 E. If a Preliminary FIRM and/or a Preliminary FIS has been provided by FEMA: 649 650 1. Upon the issuance of a Letter of Final Determination by FEMA, the 651 preliminary flood hazard data shall be used and shall replace the flood 652 hazard data previously provided from FEMA for the purposes of 653 administering this ordinance. 654 655 2. Prior to the issuance of a Letter of Final Determination by FEMA, the use 656 of preliminary flood hazard data shall be deemed the best available data 657 pursuant to Section 4.6 and used where no base flood elevations or 658 floodway areas are provided on the effective FIRM. 659 660 3. Prior to issuance of a Letter of Final Determination by FEMA, the use of 661 preliminary flood hazard data is permitted where the preliminary base 662 flood elevations or floodway areas exceed the base flood elevations or 663 designated floodway widths in existing flood hazard data provided by 664 FEMA. Such preliminary data may be subject to change or appeal to 665 FEMA. 666 COMMENT 667 668 The provisions herein are taken from the Model Ordinance and are in compliance with 669 FEMA requirements in regard to the use and interpretations of the FIRMs. The FIRMs are the 670 best evidence for the location of Special Flood Hazard Areas, floodplain boundaries and floodway 671 boundaries, but if the FIRM is not determinative, then other evidence may be used to make such 672 determinations. The City, at this time, does have a Preliminary FIRM in the process, which should 673 become a final FIRM in the spring of 2014, with the Letter of Final Determination. 674 675 Sec. 2.6. Jurisdictional boundary changes. 676 677 A. The City floodplain ordinance in effect on the date of annexation shall remain 678 in effect and shall be enforced by the municipality for all annexed areas. The City shall 679 pass a resolution acknowledging and accepting responsibility for enforcing floodplain 680 ordinance standards prior to annexation of any area containing identified flood hazards. 681 If the FIRM for any annexed area includes SFHAs that have flood zones with regulatory 682 requirements that are not set forth in this ordinance, the City shall prepare amendments 683 to this ordinance to adopt the FIRM and appropriate requirements, and submit the 684 amendments to the City Council for adoption; such adoption shall take place at the 685 same time as or prior to the date of annexation and a copy of the amended ordinance 686 shall be provided to the Department of Conservation and Recreation (Division of Dam 687 Safety and Floodplain Management) and FEMA. 15 688 689 B. In accordance with the Code of Federal Regulations, Title 44 Subpart (B) 690 Section 59.22 (a) (9) (v) all NFIP participating communities shall notify FEMA and, 691 optionally, the Department of Conservation and Recreation in writing whenever the 692 boundaries of the community have been modified by annexation or the community has 693 otherwise assumed or no longer has authority to adopt and enforce floodplain 694 management regulations for a particular area. 695 696 C. So that all FIRMs accurately represent the community's boundaries, a copy of 697 a map of the community suitable for reproduction, clearly delineating the new corporate 698 limits or new area for which the community has assumed or relinquished floodplain 699 management regulatory authority shall be included with the notification. 700 701 COMMENT 702 703 The provisions herein are taken from the Model Ordinance and are in compliance with 704 FEMA requirements, which cover the situation where the City annexes or deletes a portion of the 705 City covered by this Ordinance. Notification to FEMA and amendments to this Ordinance are 706 required. 707 708 Sec. 2.7. District boundary changes. 709 710 The delineation of any of the Floodplain Districts may be revised by the City of 711 Virginia Beach where natural or man-made changes have occurred or where more 712 detailed studies have been conducted or undertaken by the USACE or other qualified 713 agencies, or an individual documents the need for such change. However, prior to any 714 such change, approval shall be obtained from FEMA. 715 716 COMMENT 717 718 The provisions herein are taken from the Model Ordinance and are in compliance with 719 FEMA requirements, regarding the change of District boundaries. No boundaries of Districts can 720 be changed without FEMA approval. 721 722 Sec. 2.8. Interpretation of district boundaries. 723 724 Initial interpretations of the boundaries of the Floodplain Districts shall be made 725 by the Floodplain Administrator. Should a dispute arise concerning the boundaries of 726 any of the Districts, the city council shall make the necessary determination. The person 727 questioning or contesting the location of the District boundary shall be given a 728 reasonable opportunity to present his case to the city council and to submit his own 729 technical evidence if he so desires. 730 731 COMMENT 732 733 The provisions herein are taken from the Model Ordinance and are in compliance with 734 FEMA requirements, regarding the interpretation of District boundaries. The initial determination 735 is made by the Floodplain Administrator, but that decision is appealable to the City Council. 16 736 737 Sec. 2.9. Submitting technical data. 738 739 A community's base flood elevations may increase or decrease resulting from 740 physical changes affecting flooding conditions As soon as practicable but not later than 741 six (6) months after the date such information becomes available, a community shall 742 notify FEMA of the changes by submitting technical or scientific data. Such a 743 submission is necessary so that upon confirmation of those physical changes affecting 744 flooding conditions risk premium rates and floodplain management requirements will be 745 based upon current data. 746 COMMENT 747 748 The provisions herein are taken from the Model Ordinance and are in compliance with 749 FEMA requirements, regarding the submission of technical data that affects the determination of 750 the floodplain by FEMA (FIRMS). It requires the submission of such data within 6 months to keep 751 the FIRMs current. 752 753 Sec. 2.10. Letters of map revision. 754 755 When development in the floodplain causes a change in the base flood elevation, 756 the applicant including state agencies shall notify FEMA by applying for a Conditional 757 Letter of Map Revision or a Letter of Map Revision. 758 759 COMMENT 760 761 The provisions herein are taken from the Model Ordinance and are in compliance with 762 FEMA requirements, in regard to changes in the base flood elevation because of development. The 763 applicant must request from FEMA a Conditional Letter of Map Revision or a Letter of Map 764 Revision. 765 766 Sec. 2.11. Appeals to decisions made by the Floodplain Administrator. 767 768 It is further provided that any decision of the Floodplain Administrator or his 769 designee may be modified reversed or affirmed by the city council upon appeal by any 770 aggrieved party to such decision if such appeal is filed with the Floodplain Administrator 771 within thirty (30) days of such decision. 772 773 COMMENT 774 775 This provision allows for the appeal of a decision of the floodplain administrator to city 776 council within 30 days. The provisions herein are taken from the Model Ordinance and are in 777 compliance with FEMA requirements. 778 779 ARTICLE III - ESTABLISHMENT OF FLOODPLAIN DISTRICTS 780 781 Sec. 3.1. Description of Floodplain Districts. 782 783 A. Special Flood Hazard Areas (SFHA) 17 FEE 785 The SFHAs shall include land in the floodplain subject to a one (1) percent or 786 greater chance of being flooded in any given year. The basis for the delineation of these 787 districts shall be the FIS and the FIRM for the City of Virginia Beach prepared by FEMA, 788 Federal Insurance Administration dated May 4 2009 and any subsequent revisions or 789 amendments thereto. 790 791 The boundaries of the SFHAs are established as shown on the FIRM, which_ is 792 declared to be a part of this ordinance and shall be kept on file at the City of Virginia 793 Beach Department of Public Works and include the following districts: 794 795 1. The Floodway District is in an AE Zone and is delineated, for the 796 purposes of this ordinance using the criterion that certain areas within 797 the floodplain must be capable of carrying the waters of the one (1) 798 percent annual chance flood without increasing the water surface 799 elevation of that flood more than one (1) foot at any point. The areas 800 included in this District are specifically defined in Table 7 of the above - 801 referenced FIS and shown on the accompanying FIRM. 802 803 2. The AE Zones on the FIRM accompanying the AS shall be those areas 804 for which one (1) percent annual chance flood elevations have been 805 provided and the floodway has not been delineated. 806 807 3. The A Zone on the FIRM accompanying the FIS shall be those areas for 808 which no detailed flood profiles or elevations are provided, but the one 809 (1) percent annual chance floodplain boundary has been approximated. 810 811 4. The AO Zone on the FIRM accompanying the FIS shall be those areas 812 of shallow flooding identified as AO on the FIRM. 813 814 5. Reserved. 815 816 6. The VE or V Zones on FIRMs accompanyinq the FIS shall be those 817 areas that are known as Coastal High Hazard areas, extending from 818 offshore to the inland limit of a primary frontal dune along an open coast 819 and any other area subject to high velocity wave action from storm or 820 seismic sources. 821 822 COMMENT 823 824 This section lists the different special flood hazard areas (SFHA) that are designated on the 825 FIRMs in the City of Virginia Beach—these include the Floodway, AE, A and V or VE zones. The 826 provisions herein are taken from the Model Ordinance and are in compliance with FEMA 827 requirements. 828 829 B. Floodplain subject to special restrictions. 830 im 831 The City of Virginia Beach may identify and regulate local flood hazard or 832 ponding areas that are not delineated on the FIRM. These areas are identified in 833 Section 4.10 and may be delineated on a map using best available topographic data 834 and locally derived information such as flood of record historic high water marks, or 835 approximate study methodologies. 836 837 838 COMMENT 839 840 The floodplain subject to special restrictions is continued from the current ordinance and 841 its boundaries have not changed. 842 843 ARTICLE IV — FLOODPLAIN DISTRICT PROVISIONS 844 845 Sec. 4.1. Permit and application requirements. 846 847 A. Permit Requirement 848 849 All uses activities and development occurring within any floodplain district, 850 including placement of manufactured homes and structures, shall be undertaken only 851 upon the issuance of the appropriate permit. Such development shall be undertaken 852 only in strict compliance with the provisions of this Ordinance and with all other 853 applicable codes and ordinances as amended such as the VA USBC and the City of 854 Virginia Beach development ordinances. Prior to the issuance of any such permit, the 855 Building Official shall require all applications to include compliance with all applicable 856 state and federal laws and shall review all sites to assure they are reasonably safe from 857 flooding. Under no circumstances shall any use, activity, or development adversely 858 affect the capacity of the channels or floodways of any watercourse, drainage ditch, or 859 any other drainage facility or system. 860 861 B. Site Plans and Permit Applications 862 863 All applications for development within any floodplain district and all building 864 permits issued within the floodplain shall incorporate the following information: 865 866 1. The elevation of the base flood at the site; 867 868 2. The elevation of the lowest floor (including basement) or, in V zones, the 869 lowest horizontal structural member; 870 871 3. For structures to be flood -proofed (non-residential only), the elevation to 872 which the structure will be flood -proofed; and 873 874 4. Topographic information showing existing and proposed ground 875 elevations. 876 877 19 878 COMMENT 879 880 This section reiterates that a permit is required for any activity within any floodplain 881 district, and lists the requirements for the site plan and permit application. The provisions herein 882 are taken from the Model Ordinance and are in compliance with FEMA requirements. 883 884 885 886 Sec. 4.2. General Standards. 887 888 A. The following provisions shall apply to all permits issued in all floodplain 889 districts: 890 891 1. New construction and substantial improvements of all structures shall be 892 located elevated and constructed according to the VA USBC and 893 anchored to prevent flotation collapse or lateral movement of the 894 structure. 895 896 2. Manufactured homes shall be anchored to prevent flotation, collapse, or 897 lateral movement. Methods of anchoring may include, but are not limited 898 to use of over-the-top or frame ties to ground anchors. This standard 899 shall be in addition to and consistent with applicable state anchoring 900 requirements for resisting wind forces. 901 902 3. New construction and substantial improvements shall be constructed 903 with materials and utility equipment resistant to flood damage. 904 905 4. New construction or substantial improvements shall be constructed by 906 methods and practices that minimize flood damage. 907 908 5. Electrical heating ventilation, plumbing, air conditioning equipment, and 909 other service facilities including duct work, shall be designed and/or 910 located so as to prevent water from entering or accumulating within the 911 components during conditions of flooding. 912 913 6. New and replacement water supply systems shall be designed to 914 minimize or eliminate infiltration of flood waters into the system. 915 916 7. New and replacement sanitary sewage systems shall be designed to 917 minimize or eliminate infiltration of flood waters into the systems and 918 discharges from the systems into flood waters. 919 920 8. On-site waste disposal systems shall be located and constructed to 921 avoid impairment to them or contamination from them during flooding. 922 923 9. No use shall be permitted if such use will increase the amounts of 924 potentially damaging materials, including those likely to be incurious to 20 925 health that might be transported in floods. 926 927 COMMENT 928 929 The general standards located herein apply to all floodplain districts, and require that new 930 construction or substantial improvements must be resistant to flood damage. The provisions herein 931 are taken from the Model Ordinance and are in compliance with FEMA requirements. 932 933 B. In all SFHAs the following additional provisions shall apply: 934 935 1. Prior to any proposed alteration or relocation of any channels or of any 936 watercourse or stream within the City a permit shall be obtained from 937 the USACE VADEQ the Virginia Marine Resources Commission, and 938 the Wetlands Board through the joint permit application process. 939 Furthermore notification of the proposal shall be given by the applicant 940 to all affected adjacent jurisdictions the Department of Conservation and 941 Recreation (Division of Dam Safety and Floodplain Management), other 942 required agencies, and FEMA. 943 944 2. The flood carrying capacity within an altered or relocated portion of any 945 watercourse shall be maintained. 946 947 3. Sand dunes barrier beaches and other natural protective barriers shall 948 remain intact to provide protection against wind waves, and erosion 949 drainage Any person who desires to use or alter any coastal primary 950 sand dune other than for the purpose of conducting the activities 951 specified in section 1602 of the Zoning Ordinance of the City of Virginia 952 Beach shall first obtain a permit from the USACE, VADEQ, the Virginia 953 Marine Resources Commission, and the Wetlands Board through the 954 joint permit application process. 955 956 COMMENT 957 958 In all SFHA districts, a permit must be obtained to alter a watercourse through USACE, 959 VADEQ, VMRC and the Wetlands Board. Sand dunes and beaches must also remain intact. The 960 provisions herein are taken from the Model Ordinance and are in compliance with FEMA 961 requirements. Agricultural ditches in the floodplain subject to special restrictions are exempted in 962 section 4.10 B. 1. b.. 963 964 Sec. 4.3. Elevation and construction requirements. 965 966 In all SFHAs where base flood elevations have been provided in the FIS or 967 generated by a licensed professional in accordance with Section 4.6 of this ordinance, 968 the following provisions shall apply: 969 970 A. Residential Construction Requirements 971 972 New construction or substantial improvement of any residential structure or 21 973 manufactured home in Zones AE and A with detailed base flood elevations shall have 974 the lowest floor, including basement elevated to a minimum of two (2) feet above the 975 base flood level. 976 977 COMMENT 978 979 The elevation requirements for residential construction located in the SFHA (AE and A 980 zones) are a minimum of 2 feet of freeboard. The prior ordinance required a minimum of 1 foot of 981 freeboard. The provisions herein are taken from the Model Ordinance and are in compliance with 982 FEMA requirements. 983 984 B. Non-Residential Construction Requirements 985 986 New construction or substantial improvement of any commercial, industrial, or 987 non-residential building or manufactured home shall have the lowest floor, including 988 basement elevated a minimum of two (2) feet above the base flood level. Buildings 989 located in AE zones may be flood-proofed in lieu of being elevated provided that all 990 areas of the building components below the elevation corresponding to the base flood 991 elevation plus a minimum of two (2) feet freeboard are water tight with walls 992 substantially impermeable to the passage of water, and use structural components 993 having the capability of resisting hydrostatic and hydrodynamic loads and the effect of 994 buoyancy. A professional engineer or architect licensed by the Commonwealth of 995 Virginia shall certify that the standards of this subsection are satisfied. Such certification, 996 including the specific elevation (in relation to NAVD88) to which such structures are 997 flood proofed shall be maintained by the Building Official. 998 999 COMMENT 1000 1001 Non-residential construction also requires an elevation of at least 2 feet above base flood 1002 level. The prior requirement was 1 foot. Those non-residential structures located in AE zones may 1003 be flood-proofed if designed by a professional. The provisions herein are taken from the Model 1004 Ordinance and are in compliance with FEMA requirements. 1005 1006 C. Space Below the Lowest Floor Requirements 1007 1008 In zones A AE and AO fully enclosed areas of new construction or substantially 1009 improved existing structures that are below the regulatory flood protection elevation 1010 shall: 1011 1012 1. Not be designed or used for human habitation, but shall only be used for 1013 parking of vehicles building access, or limited storage of maintenance 1014 equipment used in connection with the premises. Access to the enclosed 1015 area shall be the minimum necessary to allow for parking of vehicles 1016 (garage door), limited storage of maintenance equipment (standard 1017 exterior door), or entry to the living area (stairway or elevator). 1018 1019 2. Be constructed entirely of flood resistant materials below the regulatory 22 1020 flood protection elevation. 1021 1022 3. Include measures to automatically equalize hydrostatic flood forces on 1023 walls by allowing for the entry and exit of floodwaters. To meet this 1024 requirement the openings shall either be certified by a professional 1025 engineer or architect licensed by the Commonwealth of Virginia or meet 1026 or exceed the following minimum design criteria: 1027 1028 a. Provide a minimum of two (2) openings on different sides of each 1029 enclosed area subject to flooding. 1030 1031 b. The total net area of all openings shall be at least one (1) square inch 1032 for each square foot of enclosed area subiect to flooding. 1033 1034 c. If a building has more than one (1) enclosed area, each area shall 1035 have openings to allow floodwaters to automatically enter and exit. 1036 1037 d. The bottom of all required openings shall be no higher than one (1) 1038 foot above the adiacent grade. 1039 1040 e. Openings may be equipped with screens, louvers, or other opening 1041 coverings or devices provided they permit the automatic flow of 1042 floodwaters in both directions. 1043 1044 f. Foundation enclosures made of flexible skirtinq are not considered 1045 enclosures for regulatory purposes and, therefore, do not require 1046 openings. Masonry or wood underpinning, regardless of structural 1047 status is considered an enclosure and requires openings as outlined 1048 above. 1049 1050 COMMENT 1051 1052 The space below the lowest floor requirements in A, AE and AO zones can only be used for 1053 parking, access to the building or limited storage. Such areas must be constructed of flood resistant 1054 materials, and be engineered by a professional to have sufficient openings to equalize the water 1055 pressures on the structure. The provisions herein are taken from the Model Ordinance and are in 1056 compliance with FEMA requirements. 1057 1058 D. Manufactured Homes and Recreational Vehicle Requirements 1059 1060 1. All manufactured homes placed, or substantially improved, on individual 1061 lots or parcels must meet all the requirements for new construction, 1062 including the elevation and anchoring requirements in Article 4, section 1063 4.2, and section 4.3 of this ordinance. 1064 1065 2. All recreational vehicles placed on sites shall either: .elf 23 1067 a. Be on the site for fewer than one hundred eighty (180) consecutive 1068 days; or 1069 1070 b. Be fully licensed and ready for highway use (a recreational vehicle is 1071 ready for highway use if it is on its wheels or jacking system, is 1072 attached to the site only by quick disconnect type utilities and security 1073 devices and has no permanently attached additions); or 1074 1075 c. Meet all the requirements for manufactured homes in Article 4 section 1076 4.3(D)(1 . 1077 1078 COMMENT 1079 1080 Manufactured homes must meet the requirements for new construction. Recreational 1081 vehicles must be onsite fewer than 180 days, be fully licensed and ready for highway use, or meet 1082 the requirements for manufactured housing. The provisions herein are taken from the Model 1083 Ordinance and are in compliance with FEMA requirements. 1084 1085 Sec. 4.4. Floodwav requirements. 1086 1087 The following provisions shall apply within the Floodwav District of an AE zone: 1088 1089 A. Within any floodway area no encroachments including fill, new construction, 1090 substantial improvements or other development shall be permitted unless it has been 1091 demonstrated through hydrologic and hydraulic analysis performed in accordance with 1092 standard engineering practice that the proposed encroachment will not affect normal 1093 flood flow, result in any increase in flood levels within the community, increase erosion 1094 within or adjoining to the floodway, cause the diversion of floodwaters during the 1095 occurrence of the base flood discharge increase peak flows or velocities in a manner 1096 likely to lead to added property damage or hazards to life, or increase the amounts of 1097 damaging materials that might be transported in floods. Hydrologic and hydraulic 1098 analyses shall be undertaken only by professional engineers or others of demonstrated 1099 qualifications who shall certify that the technical methods used correctly reflect 1100 currently -accepted technical concepts Studies analyses computations, etc., shall be 1101 submitted in sufficient detail to allow a thorough review by the Floodplain Administrator. 1102 1103 Encroachments including fill new construction substantial improvements, and other 1104 development within the floodway that would result in any increase in flood levels within 1105 the community during the occurrence of the base flood discharge is specifically 1106 prohibited No variance shall be granted for any development, use, or activity that would 1107 cause any increase in the water surface elevation of the base flood. 1108 1109 If the above provisions are satisfied all new construction and substantial improvements 1110 shall comply with all applicable provisions of Article 4. 1111 1112 B. The placement of new or replacement manufactured homes (mobile homes) 1113 is prohibited. 24 1114 1115 C. The following uses and structures may be permitted in the floodway district, 1116 subject to the requirements of Articles III IV V and VI of this ordinance: 1117 1118 1. Public and private outdoor recreational facilities; 1119 2. Agricultural uses including farming grazing and the raising of poultry or 1120 livestock; provided that poultry or livestock shall not be housed within 1121 five hundred (500) feet of any residential apartment, or hotel district; 1122 3. Open uses such as public and private roadways off street parking, or 1123 loading and unloading areas related to uses in adjoining districts; 1124 4. Commercial mining soil removal and sand pits subject to regulations 1125 applicable to extractive industries as set forth in the conditional use 1126 provisions of the Zoning Ordinance of the City of Virginia Beach; 1127 5. Public improvements such as dams levees and channel improvements, 1128 and utilities installations and substations including temporary storage of 1129 materials except flammable toxic or noxious materials, and temporary 1130 location of maintenance installations; and 1131 6. Uses and structures customarily accessory and clearly incidental and 1132 subordinate to uses listed above including in connection with 1133 agricultural uses; roadside stands for the sale of agricultural products 1134 produced on the premises; provided that: 1135 a. Only one (1) such stand shall be permitted per lot; 1136 b. No such stand shall exceed five hundred (500) square feet in floor 1137 area; and 1138 c. No such stand on the street frontage shall be erected within twenty 1139 (20) feet of the property line. 1140 COMMENT 1141 1142 In the floodway of an AE zone, no encroachments may be placed unless it will not affect 1143 normal flood flow, not result in the increase in flood levels, not increase erosion, not increase peak 1144 flows or velocities or increase the amount of material to be transported in floods. Specifically no 1145 encroachment can be allowed that results in an increase in flood levels within the community, nor 1146 can a variance be granted for such encroachment. No manufactured homes can be placed or 1147 replaced in this area. There are certain uses that are permitted in the floodway district, as is 1148 currently contained in the Site Plan Ordinance, Section 5B.4(a). 1149 1150 Sec. 4.5. AE Zone requirements. 1151 1152 The following provisions shall apply within all AE zones: 25 1153 1154 A Until a regulatory floodway is designated no new construction, substantial 1155 improvements or other development (including fill) shall be permitted within the areas of 1156 special flood hazard designated as Zone AE on the FIRM unless it is demonstrated 1157 that the cumulative effect of the proposed development when combined with all other 1158 existing and anticipated development will not increase the water surface elevation of 1159 the base flood more than one (1) foot at any point within the City. 1160 1161 B Notwithstanding the criteria set forth in Section 4.10, development 1162 activities in Zones AE on the City of Virginia Beach FIRM that increase the water 1163 surface elevation of the base flood by more than one (1) foot may be allowed, provided 1164 that the applicant first applies with the City of Virginia Beach's endorsement, for a 1165 Conditional Letter of Map Revision and receives the approval of FEMA. 1166 1167 COMMENT 1168 1169 This section lists an exception to development in the AE zone that increases the water 1170 surface elevation of the base flood more than 1 foot, if the applicant first receives a Conditional 1171 Letter of Map revision from FEMA. The provisions herein are taken from the Model Ordinance 1172 and are in compliance with FEMA requirements. 1173 1174 Sec. 4.6. A Zone requirements. 1175 1176 The following provisions shall apply within an A zone: 1177 1178 A. For these areas the Floodplain Administrator shall obtain, review, and 1179 reasonably utilize any base flood elevations and floodway information from 1180 federal state and other acceptable sources, when available. Where the 1181 specific one (1) percent annual chance flood elevation cannot be determined 1182 for this area using other sources of data, such as the USACE Floodplain 1183 Information Reports the U.S. Geological Survey Floodprone Quadrangles, 1184 etc., then the applicant for the proposed use, development, and/or activity 1185 shall determine this base flood elevation. For development proposed in the A 1186 Zone the applicant shall use technical methods that correctly reflect currently 1187 accepted non -detailed technical concepts, such as flood hazard analyses, 1188 point on boundary, known high water marks from past floods, or detailed 1189 methodologies including hydrologic and hydraulic analyses. Studies, analyses, 1190 computations etc., shall be submitted in sufficient detail to allow a thorough 1191 review by the Floodplain Administrator. 1192 1193 B. The Floodplain Administrator reserves the right to require a hydrologic and 1194 hydraulic analysis for any development and to determine the base flood 1195 elevation. When such base flood elevation data is utilized, the lowest floor 1196 shall be elevated to minimum of two (2) feet above the base flood level. 1197 During the permitting process, the Floodplain Administrator shall obtain: 1198 1199 1. The elevation of the lowest floor (including the basement) of all new and 26 1200 substantially improved structures; and 1201 1202 2. If the structure has been flood -proofed in accordance with the 1203 requirements of this ordinance the elevation (in relation to NAVD88) to 1204 which the structure has been flood -proofed. 1205 1206 C. When the data is not available from any source, the lowest floor of the 1207 structure shall be elevated to not less than two (2) feet above the highest 1208 adjacent grade. 1209 1210 COMMENT 1211 1212 In the A district, where there is no base flood elevation determined the Floodplain 1213 Administrator shall use all available information to determine the base flood elevation, and if they 1214 are unable to make this determination, then the lowest floor of the structure shall be elevated to at 1215 least 2 feet above the highest adjacent grade. The provisions herein are taken from the Model 1216 Ordinance and are in compliance with FEMA requirements. 1217 1218 Sec. 4.7. AO Zone requirements. 1219 1220 The following provisions shall apply within an AO zone: 1221 1222 A. All new construction and substantial improvements of residential structures 1223 shall have the lowest floor, including basement, elevated above the highest 1224 adjacent grade an amount not less than the depth number specified in feet on 1225 the FIRM. If no flood depth number is specified, the lowest floor, including 1226 basement shall be elevated no less than two (2) feet above the highest 1227 adjacent grade. 1228 1229 B. All new construction and substantial improvements of non-residential 1230 structures shall: 1231 1232 1. Have the lowest floor, including basement, elevated above the highest 1233 adjacent grade an amount not less than the depth number specified in 1234 feet on the FIRM. If no flood depth number is specified, the lowest floor, 1235 including basement shall be elevated at least two (2) feet above the 1236 highest adjacent grade; or 1237 1238 2. Together with attendant utility and sanitary facilities be completely flood - 1239 proofed to the specified flood level so that any space below that level is 1240 watertight with walls substantially impermeable to the passage of water 1241 and with structural components having the capability of resisting 1242 hydrostatic and hydrodynamic loads and effects of buoyancy. 1243 1244 C. Adequate drainage paths around structures on slopes shall be provided to 1245 auide floodwaters around and awav from proposed structures. MA WOR 1248 COMMENT 1249 1250 In the AO zone, residential structures shall have the lowest floor elevated to at least the 1251 flood depth number specified on the FIRM, or 2 feet above the highest adjacent grade. Non - 1252 residential structures shall have the lowest floor elevated above the highest adjacent grade not less 1253 than the depth number specified in the FIRM. All utilities shall be flood proofed, and drainage 1254 paths shall be established around the structure. The provisions herein are taken from the Model 1255 Ordinance and are in compliance with FEMA requirements. 1256 1257 Sec. 4.8. Reserved. 1258 1259 Sec. 4.9. V and VE Zone requirements. 1260 1261 The following provisions shall apply within V and VE Zones: 1262 1263 A. All new construction and substantial improvements in Zones V and VE shall 1264 be elevated on pilings or columns so that: 1265 1266 1. The bottom of the lowest horizontal structural member of the lowest floor 1267 (excluding the pilings or columns) is elevated to a minimum of two (2) 1268 feet above the base flood level; and 1269 1270 2. The pile or column foundation and structure attached thereto is anchored 1271 to resist flotation collapse and lateral movement due to the effects of 1272 wind and water loads acting simultaneously on all building components. 1273 Wind and water loading values shall each have a one (1) percent chance 1274 of being equaled or exceeded in any given year. 1275 1276 B. A professional engineer or architect licensed by the Commonwealth of 1277 Virginia shall develop or review the structural design specifications, and 1278 plans for the construction and shall certify that the design and methods of 1279 construction to be used are in accordance with accepted standards of 1280 practice for meeting the provisions of Article IV, Section 4.6 A. 1281 1282 C. The Floodplain Administrator shall obtain the elevation (in relation to 1283 NAVD88) of the bottom of the lowest horizontal structural member of the 1284 lowest floor (excluding pilings and columns) of all new and substantially 1285 improved structures in Zones V and VE. The Floodplain Administrator shall 1286 maintain a record of all such information. 1287 1288 D. All new construction shall be located landward of the reach of mean high tide. 1289 1290 E. All new construction and substantial improvements shall have the space 1291 below the lowest floor either free of obstruction or constructed with non - 1292 supporting breakaway walls open wood -lattice work, or insect screening 1293 intended to collapse under wind and water loads without causing collapse, 1294 displacement or other structural damage to the elevated portion of the 1295 building or supporting foundation system. For the purpose of this section, a 1296 breakaway wall shall have a design safe loading resistance of not less than 1297 ten (10) and no more than twenty (20) pounds per square foot. Use of 1298 breakaway walls that exceed a design safe loading resistance of twenty (20) 1299 pounds per square foot may be permitted only if a professional engineer or 1300 architect licensed by the Commonwealth of Virginia certifies that the designs 1301 proposed meet the following conditions: 1302 1303 1. Breakaway wall collapse shall result from water load less than that which 1304 would occur during the base flood; and 1305 1306 2. The elevated portion of the building and supporting foundation system 1307 shall not be subject to collapse displacement, or other structural 1308 damage due to the effects of wind and water loads acting simultaneously 1309 on all building components (structural and nonstructural). Maximum wind 1310 and water loading values to be used in this determination shall each 1311 have a one (1) percent chance of being equaled or exceeded in any 1312 given year. 1313 1314 F. The enclosed space below the lowest floor shall be used solely for parking of 1315 vehicles building access or storage. Such space shall not be partitioned into 1316 multiple rooms temperature -controlled or used for human habitation. 1317 1318 G. The use of fill for structural support of buildings is prohibited. When non - 1319 structural fill is proposed in a coastal high hazard area appropriate 1320 engineering analyses shall be conducted to evaluate the impacts of the fill 1321 prior to issuance of a development permit. 1322 1323 H. Existing nonconforming uses and structures located below the level of the 1324 base flood elevation as shown in the FIS and accompanying FIRMs, shall not 1325 be expanded. 1326 1327 I. The man-made alteration of sand dunes, which would increase potential flood 1328 damage, is prohibited. 1329 1330 COMMENT 1331 1332 In the V or VE zone, construction shall be on elevated pilings, so that the bottom of the 1333 lowest horizontal member of the lowest floor is at least two feet above the base flood elevation, and 1334 anchored. All construction shall be landward of the reach of mean high tide. All space below the 1335 lowest floor shall be open or constructed with breakaway walls, lattice or screening, which are 1336 engineered to specific standards to collapse without affecting the structure above. This area shall 1337 be used only for parking, access or storage. No fill can be used for structural support. 1338 Nonconforming structures may not be expanded. Sand dune alteration is prohibited. The 1339 provisions herein are taken from the Model Ordinance and are in compliance with FEMA 1340 requirements. 29 1341 1342 Sec. 4.10. Floodplain subject to special restrictions. 1343 1344 A. All FIRM delineated SFHAs located in the following areas shall be identified 1345 as a floodplain subject to special restrictions: 1346 1347 1. North Landing River and its tributaries south of Lynnhaven Parkway; 1348 1349 2. West Neck Creek and its tributaries south of Shipps Corner Road, 1350 London Bridge Road and the portion of Dam Neck Road east of its 1351 intersection with London Bridge Road; and 1352 1353 3. Bays creeks lakes guts coves wetlands marshes and swamps and 1354 their tributaries comprising the Back Bay watershed south of South 1355 Birdneck Road and east of Princess Anne Road and General Booth 1356 Boulevard. 1357 1358 B. The following provisions shall apply within the floodplain subject to special 1359 restrictions: 1360 1361 1. Notwithstanding any provision of this ordinance to the contrary, no filling 1362 shall be permitted including filling with material excavated from the 1363 same floodplain except for 1364 1365 a. The purpose of public roadway or other similar public works 1366 construction; 1367 1368 b. The maintenance, alteration or relocation of bona fide agricultural 1369 ditches swales or agricultural pathways or those ditches required 1370 for proper lot drainage; 1371 1372 C. For shoreline stabilization or maintenance projects, such as riprap 1373 revetment bulkheads, or other treatment used to stabilize and 1374 protect the banks of waterways, the city manager or his designee 1375 may approve the placement of fill provided the following criteria are 1376 met: 1377 1378 i. A joint permit application is submitted; 1379 1380 ii. The alignment of the stabilization structure is along the 1381 escarpment or in line with adiacent stabilization structures; and 1382 1383 iii. Fill must be the minimum necessary to support the stabilization 1384rp oiect. 1385 30 1386 2. The city manager, or his designee may approve the placement of fill 1387 provided that the following criteria are met: 1388 1389 a. Proposed fill within the floodplain: 1390 1391 i. Shall be mitigated to result in no decrease in flood storage 1392 volume on the site; 1393 1394 ii. Shall be mitigated entirely on the same site that will incur the fill; 1395 1396 iii. Shall be contiguous to the existinq floodplain that is being filled; 1397 and 1398 1399 iv. Shall be limited to the smallest amount of area and volume 1400 possible to correct irregularities within the boundary of the 1401rp oject. 1402 1403 b. The combined areas of fill and mitigation shall not exceed five (5) 1404 percent of the total area within the floodplain located on the site that 1405 will incur the fill. 1406 1407 3. Residential dwelling structures shall not be located within the floodplains 1408 subject to special restrictions on lots created after October 23, 2001. 1409 Residential dwelling structures located in local flood hazard areas as of 1410 October 23 2001 may be expanded with attached additions to a total 1411 footprint of less than one thousand (1,000) square feet; such additions 1412 shall also comply with the requirements set forth in Article V of this 1413 ordinance. 1414 1415 4. On lots where single family dwellings are permitted by right and which 1416 were recorded on or before October 23, 2001 and meet the 1417 requirements of section 402(b) of the City Zoning Ordinance, the 1418 minimum fill necessary shall be permitted only for the following: 1419 1420 a. A driveway or other on-site parking area; 1421 1422 b. To ensure the proper functioning of a septic system; 1423 1424 C. To ensure proper lot drainage given the existing and proposed 1425 development in the immediate area; and 1426 1427 d. To meet the VA USBC requirements for slab or crawl foundations. 1428 1429 COMMENT 1430 1431 In the floodplain subject to special restrictions, the requirements arc the same as currently 1432 applied under the Site Plan Ordinance, section 5B.5(c) and following. 31 1433 1434 Sec. 4.11. Subdivision proposal requirements. 1435 1436 A. All subdivision proposals shall be consistent with the need to minimize flood 1437 damage. 1438 1439 B. All subdivision proposals shall have public utilities and facilities such as sewer, 1440 gas electrical and water systems located and constructed to minimize flood damage. 1441 1442 C. All subdivision proposals shall have adequate drainage provided to reduce 1443 exposure to flood hazards. 1444 1445 D. Base flood elevation data shall be obtained from the most recent FIRM (May 1446 4 2009) or developed using detailed methodologies including hydraulic and hydrologic 1447 analysis comparable to those contained in a FIS for all final plats and other 1448 development proposals (including manufactured home parks and neighborhoods). 1449 1450 1451 COMMENT 1452 1453 Subdivision proposal shall also have measures necessary to minimize flood damage, 1454 including utilities. The provisions herein are taken from the Model Ordinance and are in 1455 compliance with FEMA requirements. 1456 1457 ARTICLE V — EXISTING STRUCTURES IN FLOODPLAIN AREAS 1458 1459 Sec. 5.1. Existing structures. 1460 1461 A structure or use of a structure or premises that lawfully existed prior to the 1462 adoption of this ordinance but which is not in conformity with this ordinance, may be 1463 continued subject to the following conditions: 1464 1465 A. Any existing structures in the Floodway Area shall not be expanded or 1466 enlarged unless it has been demonstrated through hydrologic and hydraulic 1467 analyses performed in accordance with standard engineering practices that 1468 the proposed expansion or enlargement would not result in any increase in 1469 the base flood elevation. 1470 1471 B. Any modification alteration, repair, reconstruction, or improvement of any 1472 kind to a structure and/or use located in any floodplain areas to an extent or 1473 amount of less than fifty (50) percent of its market value shall conform to the 1474 VA USBC. 1475 1476 C. Any modification, alteration, repair, reconstruction, or improvement of any 1477 kind to a structure and/or use, in a floodplain area to an extent or amount of 1478 fifty (50) percent or more of its market value shall be undertaken only in full 1479 compliance with this ordinance and shall require the entire structure to 32 1480 conform to the VA USBC. 1481 1482 COMMENT 1483 1484 Existing structures which lawfully existed prior to the adoption of this ordinance may not 1485 be expanded, unless the expansion shall not increase the base flood elevation. If an addition or 1486 modification is less than 50% of its current market value then only the addition must comply with 1487 the USBC, but if it is more than 50% then the entire structure must comply with this ordinance. 1488 The provisions herein are taken from the Model Ordinance and are in compliance with FEMA 1489 requirements. 1490 1491 ARTICLE VI - VARIANCES AND APPEALS 1492 1493 Sec. 6.1. Administrative variances. 1494 1495 The Floodplain Administrator shall approve or deny an application requesting an 1496 administrative variance after receipt of a complete application. Administrative variances 1497 may only be granted for the following uses, development, or redevelopment: 1498 1499 A. A residential attached garage or detached garages constructed at the 1500 elevation corresponding to the base flood elevation may be flood proofed 1501 according to the requirements outlined in Section 4.3 B of this ordinance in 1502 lieu of the elevation requirements. 1503 1504 B. As defined in Section 4.10 Floodplains subject to special restrictions. 1505 1506 C. Any structure or use sustaining damage not caused by flood to an extent or 1507 amount of fifty (50) percent or more of its market value to allow the structure 1508 to be rebuilt to the freeboard height in effect at the start of construction for the 1509 original structure. If the structure is a Pre -FIRM structure, full compliance with 1510 the current VAUSBC freeboard above the base flood elevation is required. 1511 Structures that are utilizing an approved land management plan for their on - 1512 site waste disposal may be allowed to continue the use of the land 1513 management plan as long as it is approved by the City and the Health 1514 Department, even for damage or destruction resulting from flood. 1515 1516 COMMENT 1517 1518 The Floodplain Administrator may approve administrative variances only for commercial 1519 garages or detached structures that may be flood proofed rather than elevated, for structures not 1520 damaged by flood, but damaged more than 50 percent and for those variances defined in section 1521 4.10, relating to floodplains subject to special restrictions. 1522 1523 Sec. 6.2. City Council variances. 1524 1525 A. Notwithstanding any other provision of this ordinance, the city council may 1526 grant such variances from the terms of this ordinance as will not be contrary to the 33 1527 public interest in cases in which the strict application of the provisions of this ordinance 1528 would effectively prohibit or unreasonably restrict the use of the subject property. 1529 1530 1531 B. In passing upon applications for variances the city council shall satisfy all relevant factors and procedures specified in other sections of this ordinance and 1532 consider the following additional factors: 1533 1534 1. The danger to life and property due to increased flood heights or 1535 velocities caused by encroachments. No variance shall be granted for 1536 any proposed use development or activity within any Floodway District 1537 that will cause any increase to the base flood elevation. 1538. 1539 2. The danger that materials may be swept on to other lands or transported 1540 in floods posing the risk of iniury to others. 1541 1542 3. The proposed water supply and sanitation systems and the ability of 1543 these systems to prevent disease contamination, and unsanitary 1544 conditions. 1545 1546 4. The susceptibility of the proposed facility and its contents to flood 1547 damage and the effect of such damage on the individual owners. 1548 1549 5. The importance of the services provided by the proposed facility to the 1550 community. 1551 1552 6. The requirements of the facility for a waterfront location. 1553 1554 7. The availability of alternative locations not subject to flooding for the 1555 proposed use. 1556 1557 8. The compatibility of the proposed use with existing development and 1558 development anticipated in the foreseeable future. 1559 1560 9. The relationship of the proposed use to the comprehensive plan and 1561 floodplain management program for the area. 1562 1563 10. The safety of access by ordinary and emergency vehicles to the property 1564 in time of flood. 1565 1566 11. The expected heights, velocity, duration, rate of rise, and sediment 1567 transport of the flood waters expected at the site. 1568 1569 12. The historic nature of a structure. Variances for repair or rehabilitation of 1570 historic structures may be granted upon a determination that the 1571 proposed repair or rehabilitation will not preclude the structure's 1572 continued designation as a historic structure and the variance is the 34 1573 minimum necessary to preserve the historic character and design of the 1574 structure. 1575 1576 13. Such other factors that are relevant to the purposes of this ordinance. 1577 1578 COMMENT 1579 1580 City Council may grant variances to this ordinance as will not be contrary to the public 1581 interest when the strict application would prohibit or unreasonably restrict the use of the property. 1582 This section lists the factors that City Council should consider. The provisions herein are taken 1583 from the Model Ordinance and are in compliance with FEMA requirements. 1584 1585 Sec. 6.3. Application process. 1586 1587 A. Applications for variances from the requirements of this ordinance shall be 1588 made to the city council and filed with the director of planning. The fee for 1589 such applications shall be six hundred fifty dollars ($650). The director shall 1590 not accept any application not accompanied by payment of the required fee. 1591 The procedure for the advertising hearing and determination of applications 1592 for floodplain variances shall be in accordance with the requirements 1593 pertaining to applications for subdivision variances as set forth in Section 9.4 1594 of the Subdivision Ordinance. 1595 1596 B. All applications shall be accompanied by the following: 1597 1598 1. A separate map on a 1" = 100' or greater scale identifying all proposed 1599 land disturbance including fill and mitigation areas, and the limits of the 1600 existing and proposed SFHAs tidal and non -tidal wetlands, Southern 1601 Watershed Management Area Buffer, and CBPA Resource Protection 1602 Area Buffer; and 1603 1604 2. A preliminary floodplain study addressing the physical and 1605 environmental characteristics of the floodplain located on adjoining 1606 properties and in the general area. Such study shall be sufficient to show 1607 that the variance if granted will meet the standards defined in Section 1608 6.3 and in addition thereto, shall: 1609 1610 a. Contain supporting data and calculations as appropriate, given the 1611 preliminary nature of the floodplain study; 1612 1613 b. Comply with all applicable Public Works Specifications and 1614 Standards; and 1615 1616 C. Be certified by a professional engineer licensed by the 1617 Commonwealth of Virqinia or other qualified professional. 1618 1619 35 1620 COMMENT 1621 1622 Applications for a variance shall be filed in the Department of Planning with a $650 fee and 1623 the requirements listed. 1624 1625 Sec. 6.4. Requirements. 1626 1627 No variance shall be granted unless the following requirements are met: 1628 1629 A. Such variance will not create or result in: 1630 1631 1. Unacceptable or prohibited increases in flood heights; 1632 1633 2. Additional threats to public safety; 1634 1635 3. Extraordinary public expense; 1636 1637 4. Nuisances; or 1638 1639 5. Fraud or victimization of the public. 1640 1641 B. The granting of such variance will not be detrimental to other property in the 1642 vicinity. 1643 1644 C. The circumstances giving rise to the variance application are not of a general 1645 or recurring nature. 1646 1647 D. Such circumstances arise from the physical character of the property or from 1648 the use or development of adjacent property and not from the personal 1649 situation of the applicant. 1650 1651 E. The granting of such variance will not be in conflict with any city ordinance or 1652 regulation. 1653 1654 F. _Variances shall be the minimum necessary to provide relief. 1655 1656 G. All variances shall meet all of the requirements for the Chesapeake Bay 1657 Preservation Area Ordinance (Appendix F) and the Southern Watersheds 1658 Management Ordinance (Appendix G), unless a variance therefrom is granted. 1659 1660 COMMENT 1661 1662 City Council in granting variances should also consider the increase in flood height, threats 1663 to public safety, public expense, nuisance or fraud to the public, that the circumstances are not of a 1664 general nature, that the variance will be the minimum necessary to afford relief and the 1665 circumstances giving rise to the variance arise from the physical characteristics of the property or 1666 adjacent property. The provisions herein are taken from the Model Ordinance and are in 0 1667 compliance with FEMA requirements. 1668 1669 Sec. 6.5. Notification. 1670 1671 The Floodplain Administrator shall notify the applicant for a variance in writing 1672 that the issuance of a variance to construct a structure below the base flood elevation a) 1673 increases the risks to life and property and b) will result in increased premium rates for 1674 flood insurance. 1675 1676 COMMENT 1677 1678 The applicant for a variance must be notified in writing that the issuance of a variance to 1679 construct below the base flood elevation increases the risk to life and property and will result in 1680 increased premiums for flood insurance. The provisions herein are taken from the Model 1681 Ordinance and are in compliance with FEMA requirements. 1682 1683 Sec. 6.6. Records. 1684 1685 A record of all variance actions including justifications for the granting of 1686 variances and notifications issued pursuant to this section shall be maintained by the 1687 Floodplain Administrator. Any variances that are issued shall be noted in the annual or 1688 biennial report submitted to FEMA. 1689 1690 COMMENT 1691 1692 Records of all variances shall be kept by the Floodplain Administrator and reported to 1693 FEMA. The provisions herein are taken from the Model Ordinance and are in compliance with 1694 FEMA requirements. 1695 1696 Sec. 6.7. Appeals to variance decisions. 1697 1698 Appeals of decisions by the city council under this ordinance shall be subject to 1699 review by the Circuit Court of the City of Virginia Beach, if filed within thirty (30) days 1700 from the date of council action. 1701 1702 COMMENT 1703 1704 Appeals of city council decisions shall be appealed to the Circuit Court of Virginia Beach 1705 within 30 days. 1706 1707 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. 37 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CON P Departm nt of Public Works CA12711/R-13/ November 13, 2013 i City Attorney's Office 1 AN ORDINANCE TO AMEND THE CITY ZONING 2 ORDINANCE SECTION 111 (FLOODPLAIN 3 DEFINITIONS), SECTION 200 (LOTS AND 4 FLOODPLAINS), SECTION 202 (HEIGHT AND 5 FLOODPLAINS), SECTION 238 (MOBILE HOMES 6 AND FLOODPLAINS), SECTION 240 7 (RECREATIONAL CAMPGROUNDS AND 8 FLOODPLAINS), SECTION 1124 (PLAN 9 DEVELOPMENT, PD-H2 AND FLOODPLAINS) AND 10 SECTION 2105 (WORKFORCE HOUSING AND 11 FLOODPLAINS) 12 13 Sections Amended: City Zoning Ordinance §§ 111, 200, 202, 238, 14 240, 1124 and 2105 15 16 WHEREAS, the public necessity, convenience, general welfare and good zoning 17 practice so require; 18 19 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 20 BEACH, VIRGINIA: 21 22 That Sections 111, 200, 202, 238, 240, 1124 and 2105 of the City Zoning 23 Ordinance are hereby amended and reordained to read as follows: 24 25 ARTICLE 1. GENERAL PROVISIONS 26 27 Sec. 111. Definitions. 28 29 For the purpose of this ordinance, words used in the present tense shall include 30 the future; words used in the singular number include the plural and the plural the 31 singular; the use of any gender shall be applicable to all genders; the word "shall" is 32 mandatory; the word "may" is permissive; the word "land" includes only the area 33 described as being above mean sea level; and the word "person" includes an individual, 34 a partnership, association, or corporation. 35 36 .... 37 38 Approximated floodplain. The area for which no detailed flood profiles or 39 elevations are provided, but where a one hundred year floodplain(1) percent annual 40 chance floodplain boundary has been approximated as set forth in the Floodplain 41 Ordinance (Appendix K). 42 .... 43 44 Base flood. The flood having a one (1) percent chance of being equaled or 45 exceeded in any given year: also referred to as the one hundred (100) year flood. 46 47 .... 48 49 50 51 Flood insurance study. The flood *RSUFaRGe study feF the Gity of V*Fg*R*a Be 52 pFepared -by the URited States Pederal F=FneFgenGy Management AgeRGY (FEMA), dated 53 August 18, 1992, and subsequent F8VffiS*GRs as fuFtheF set feFth OR seGtuGR 5B of the Site 54 . A report by the Federal Emergency Management Agency 55 (FEMA) that examines evaluates and determines flood hazards and, if appropriate, 56 corresponding water surface elevations or an examination evaluation, and 57 determination of mudflow or flood -related erosion hazards. 58 Floodplain. Any land area susceptible to being inundated by water from any source 59 and floodplains subject to special restrictions as defined in Appendix K, section 4.10.. i i . is lake, 60 That land area A - 'eF, stmam, wateFGGUFse, E)GeaR, bay, eF whiGh 61 62 . 63 ; 64 (b) The !RteFmed*ate flood level as dete4niRed by the U.S. AFmy Corps e 65 F.RgoReeFG of 66 67 gFeateF. 68 69 the fedeF +l in , FaRGe adMiRmstratGr, 70 Floodway. 71 GGRdWGt fleed flows. Poedway liRes must be established in suGh a maRRer that seme 72 73 74 75 76 The 77 channel of a river or other watercourse and the adjacent land areas that shall be 78 reserved to discharge the base flood without cumulatively increasinq the water surface 79 elevation more than one (1) foot The "floodway" may also be referred to as the 80 "regulatory floodway." 81 82 .... 83 i 84 Qne hundred year- flood. The flood having a one (1) perGeRt GhanGe of b 85flood" 86 level #toed-: 87 .... 88 89 90 adjaGeRt land aFeas that must be Feserved iR GFdeF to dmSGhaFge the base flood withou 91 92 93 94 .... 95 96 Special flood hazard area The land in the floodplain subject to a one (1) percent 97 or greater chance of being flooded in any given year as set forth in the Floodplain 98 Ordinance (Appendix K). 99 100 .... 101 COMMENT 102 103 The definitions above have been amended, added or deleted to make them consistent with 104 the definitions found in the Floodplain Ordinance (Appendix K). 105 106 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 107 ALL DISTRICTS 108 109 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 110 PARKING AND OFF-STREET LOADING 111 112 Sec. 200. Lots. 113 114 (a) Density, lot coverage, floor area ratio and lot area. For purposes of 115 determining allowable dwelling unit or lodging unit density, lot coverage, floor area ratio 116 and minimum lot area requirements, the following shall be included: 117 (1) Public and private utility easements, so long as the total width of the 118 easement is twenty (20) feet or less; 119 (2) Easements for ingress and egress in favor of others; 120 (3) Fleed fring Special Flood Hazard Areas; 121 (4) Manmade drainage areas and the easements over them constructed 122 primarily for storage and retention of stormwater runoff on the lot and 123 conveyance from the lot except that only the first ten (10) feet of such 124 areas closest to their boundary shall count toward minimum lot size 125 requirements; 126 127 .... 128 129 (c) Floodplains subject to special restrictions pursuant to section 4.10 130 of the Site Plan QFdiRaRGe Floodplain Ordinance (Appendix SK) shall not be included in 131 determining minimum lot area requirements. 132 133 3 134 COMMENT 135 136 The amendments above have been amended, added or deleted to make them consistent with 137 the requirements found in the Floodplain Ordinance (Appendix K). 138 139 .... 140 141 Sec. 202. Height regulation. 142 143 (a) Except as otherwise provided in the Oceanfront Resort District Form -Based 144 Code, whenever height limits for buildings and other structures are established, no 145 portion of any building or other structure shall extend above such height limits, except 146 residential chimneys, communication towers, broadcasting towers, radio or television 147 antennas, spires, flagpoles, water tanks, roof -mounted wind energy conversion systems 148 or monuments otherwise approved for erection; provided, however, that smokestacks 149 may also extend beyond such limits, if they do not exceed in height the distance to the 150 nearest lot line; and further provided that one tower for purposes of an amateur radio 151 station operation, which may contain multiple antennas, may extend beyond said height 152 limits but shall not exceed ninety (90) feet in height above ground elevation. Single - 153 family dwellings multi -family dwellings and duplexes that are raised or constructed to 154 comply with the requirements of Appendix K Floodplain Ordinance may exceed the 155 height requirements for the Zoning District in which they are located by two (2) feet. 156 157 COMMENT 158 159 The amendments above will help to alleviate the height issue for residential structures 160 which are required to be raised or constructed to meet the requirements of the Floodplain 161 Ordinance (Appendix K). They are allowed to exceed the maximum height of the zoning district by 162 two (2) feet—the increase in freeboard that is proposed. 163 164 .... 165 166 C. CONDITIONAL USES AND STRUCTURES 167 168 Sec. 238. Mobile homes. 169 (1) Mobile home parks shall be subject to the following conditions: 170 171 (a) Minimum allowances. In districts where allowable, minimum area for a mobile 172 home park shall be twenty-five (25) acres. Streets, other than alleys and 173 service entrances used for general vehicular entrances, and exits shall be sixty 174 (60) feet, for portions containing lots for buildings generally open to occupants, 175 minimum front yard dimension shall be two hundred (200) feet. Minimum 176 number of lots completed and ready for occupancy before first rentals are 177 permitted shall be one hundred (100). 178 4 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 (b) Tract. The mobile home park shall comprise a single tract except where divided by public streets or alleys or where the total tract includes separate parcels for necessary utility plants, maintenance or storage facilities with appropriate access to the park. All lands involved shall be so dimensioned and related as to facilitate efficient design and management. Density shall not exceed seven (7) units per gross acre. Any mobile home park located in a floodplain shall also be subject to the provisions ^f seGti„n of the Site Plan QrdinanGe Floodplain Ordinance (Appendix GK) of the City of Virginia Beach. For purposes of floodplain management, the terms "mobile home," "mobile home park" and "mobile home subdivision" shall have the same definitions as the terms "manufactured home" and "manufactured home park or subdivision," respectively, as set forth in ser -, the 80te PlaR 04RaRGe Floodplain Ordinance (Appendix GK) of the City of Virginia Beach. COMMENT The amendments above change the reference to the Floodplain Ordinance. Sec. 240. Recreational campgrounds. Recreational campgrounds shall be subject to the following conditions: (a) Physical character of site. Condition of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion subject to unpredictable and/or sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards. Recreational campgrounds located within floodplains shall also be subject to the provisions of eGtiE)n GR of the Cato Dlnn Qrdinann Floodplain Ordinance (Appendix GK) of the City of Virginia Beach. COMMENT The amendments above change the reference to the Floodplain Ordinance. ARTICLE 11. PLANNED DEVELOPMENT DISTRICTS 220 B. PD -1-112 PLANNED UNIT DEVELOPMENT DISTRICT 221 222 Sec. 1124. PD -1-112 land use plan. 223 224 The land use plan shall provide for development of the property within the PD -H2 225 District in a manner which is compatible with the development and zoning of the land 226 adjacent to the district. The land use plan shall show how the proposed development of 227 the property would differ from that which would otherwise be permitted in the underlying 228 zoning district and the public benefit to be gained by developing the property in a PD -H2 229 District. 230 The land use plan shall provide the following: 231 (a) Location of proposed streets; 232 (b) Proposed number of dwelling units; 233 (c) Total acreage of the site; 234 (d) Proposed housing types, location of areas devoted to each housing type, 235 acreage and number of units for each such area, and the minimum lot size 236 proposed for each area and housing type; 237 (e) Location and nature of other proposed uses; 238 (f) Location of proposed open spaces, public sites, and recreational areas, nature 239 of recreational facilities proposed, means of maintenance of such and acreage 240 of each site; 241 (g) Regulations governing the height, setback requirements, off-street parking 242 requirements and sign restrictions for each area within the PD -H2 project; 243 (h) Location and acreage of floodplain, flue—special flood hazard areas, 244 floodway and wetlands. 245 When adopted, the PD -H2 land use plan shall serve as a supplement to and, 246 where they conflict, as a replacement for, the zoning regulations of the underlying 247 district. The land use plan shall not, however, supplement or replace any of the 248 requirements of the subdivision ordinance (Appendix C) or the Floodplain Ordinance 249 (Appendix K). 250 251 COMMENT 252 253 The amendments above have been amended, added or deleted to make them consistent with 254 the requirements found in the Floodplain Ordinance (Appendix K). 255 256 .... 257 258 259 ARTICLE 21. WORKFORCE HOUSING 260 261 .... 11 262 Sec. 2105. Applications; Workforce Housing Overlay District Land Use Plan. 263 (a) In addition to any other information generally required for rezoning 264 applications, applications for the Workforce Housing Overlay District shall contain the 265 following information: 266 (1) A survey of existing site conditions, including trees, contours, floodway, 267 fleed fFkW Special Flood Hazard Areas, waters, wetlands and other 268 natural features; 269 270 .... 271 272 COMMENT 273 274 The amendments above have been amended, added or deleted to make them consistent with 275 the requirements found in the Floodplain Ordinance (Appendix K). 276 277 .... 278 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Plannin Department City Attorney's Office CA12712 R-4 October 22, 2013 lr 1 AN ORDINANCE TO AMEND APPENDIX B, 2 SUBDIVISION REGULATIONS, SECTION 1.5 3 (FLOODPLAINS), SECTION 4.4 (LOTS AND 4 FLOODPLAINS), SECTION 6.1 5 (PRELIMINARY PLATS AND DATA AND 6 FLOODPLAINS), AND SECTION 6.3 (FINAL 7 PLATS AND DATA AND FLOODPLAINS) 8 9 10 Sections Amended: Subdivision Regulations §§ 1.5, 4.4, 6.1 and 11 6.3 12 13 WHEREAS, the public necessity, convenience, general welfare and good zoning 14 practice so require; 15 16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA: 18 19 That Sections 1.5, 4.4, 6.1 and 6.3 of the Subdivision Regulations are hereby 20 amended and reordained to read as follows: 21 22 DEFINITIONS 23 Sec. 1.5. Floodplain. 24lake, WhiGh is 25 26 elevation Any land area susceptible to being inundated by water from any source. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 COMMENT The amendment above redefines floodplain to be consistent with the Floodplain Ordinance (Appendix K). 44 DESIGN STANDARDS 45 46 Sec. 4.4. Lots. 47 48 .... 49 50 (1) All subdivision lots created in the floodplain must meet all requirements 'nen 51 513of�s`te plan - erdinanGe (Appendix G) of the Floodplain Ordinance 52 (Appendix K). 53 54 COMMENT 55 56 The amendment above deletes the previous reference to the floodplain regulations and adds 57 a reference to the Floodplain Ordinance (Appendix K). 58 59 60 PLATS AND DATA 61 62 Sec. 6.1. Preliminary plats and data—Generally. 63 64 .... 65 66 (m) Where floodplains lie within a subdivision, the preliminary plat shall delineate 67 the boundaries of all floodways, fleed fringes, 68 Least l high hazard aFe�+ and special flood hazard areas as required by 69 sectien 513 e the SitePlane (Appendix G) the Floodplain Ordinance 70 (Appendix K) of the City of Virginia Beach. 71 72 .... 73 74 COMMENT 75 76 The amendment above makes the requirements of the preliminary plat consistent with the 77 Floodplain Ordinance (Appendix K). 78 79 80 Sec. 6.3. Final plats and data. 81 82 (x) Every final plat with land located within a special flood hazard area shall provide 83 base flood elevations and flood zone designation, per SeGtien 513, Site PlaR 84 Srd+nanGe the Floodplain Ordinance (Appendix K) and the FIRM (Flood 85 Insurance Rate Map). 86 87 .... 88 2 89 COMMENT 90 91 The amendment above makes the requirements of the final plat consistent with the 92 Floodplain Ordinance (Appendix K). 93 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: Plan nin Department I City Attorney's Office CA12713 R-2 August 28, 2013 9 1 AN ORDINANCE TO REPEAL SECTION 5B 2 OF APPENDIX C, SITE PLAN ORDINANCE, 3 AND AMEND SECTION 1.17 (DEFINITIONS 4 AND FLOODPLAINS) AND SECTION 4 5 (INFORMATION ON SITE DEVELOPMENT 6 PLANS AND FLOODPLAINS) 7 8 Sections Amended: Site Plan Ordinance §§ 1.17 and 4 9 Section Repealed: Site Plan ordinance § 5B 10 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Sections 1.17 and 4 of the Site Plan Ordinance are hereby amended and 19 reordained and Section 513 is hereby repealed to read as follows: 20 21 APPENDIX C SITE PLAN ORDINANCE 22 23 Sec. 1. Definitions. 24 25 .... 26 27 1.17. Floodplain. , 28 bay, or lake, 29 situated below the eleyatoen r,f. Any land area susceptible to being inundated by water 30 from any source. 31 32 (a) That reGerded by the maxornurn elevatien of the fleed water of reGGFdj 33 34 (b) The intermediate fleed level as dete-Frnined by the U.S. AFFny GGFPS 0 35 Engineers• er 36 37 , 38 greater. Any Ghanges in the delineation ef the intermediate fIE)E)d level are 39 40 41 COMMENT 42 43 The amendment above makes the definition of floodplain consistent with the Floodplain 44 Ordinance (Appendix K). 45 46 Sec. 4. Information required on site development plan. 47 4.1. A site plan, prepared, stamped and endorsed by a registered engineer, 48 surveyor or other persons duly licensed by the Commonwealth of Virginia to practice as 49 such, shall be submitted with every application for approval. A sufficient number of 50 copies of the site plan shall be submitted, as the planning director shall require and shall 51 contain the following information: 52 A. Property and ownership information: 53 .... 54 55 11. All sites located in the special flood hazard areas shall provide base flood 56 elevations and flood zone designation, per the Floodplain 57 Ordinance (Appendix K) and the FIRM (Flood Insurance Rate Map). 58 B. Existing and required site features and improvements: y! 60 4. The topographic survey, showing the elevation of streets, alleys, buildings, 61 structures, water courses and their names. The topography shall be 62 shown by adequate spot elevations. The finished grade for the entire site 63 shall be shown and the proposed lowest floor elevation of all buildings 64 (except for detached garages and storage areas which shall be located at 65 or above the one -hundred -year flood elevation) shall be a minimum of one 66 (1) foot above the elevation of (a) the flood water of record of [or] (b) the 67 intermediate flood level as determined by the U.S. Army Corps of 68 Engineers or (c) the flood level as determined by the department of public 69 works, whichever is greater. All elevations shall be referenced to North 70 American Vertical Datum (NAVD) of 1988. All horizontal dimensions 71 shown on the site development plan shall be in feet and decimals of a 72 foot. All bearings in degrees, minutes and seconds. Additionally, on all 73 residential site plans single-family, two-family, duplex and townhouses, the 74 following information must be provided: 75 a. The following statements and information shall appear on the site 76 plan: 77 (1)The lot grading on this plan is in accordance with the latest 78 subdivision construction plan submitted to and approved by 79 the director of planning or his designee on (indicate date of 80 approval)." 81 (2) "The lowest floor elevation shown is one foot above the one - 82 base flood elevation as adopted by 83 the City of Virginia Beach." (Exception—detached residential 84 garages and storage areas shall be located at or above the 85 ene hundred yeaF fie base flood elevation.) 86 (3) The elevation of the curb (if existing or proposed) in front of 87 each lot shall be indicated. 2 88 (4) Elevations of the top of bank and toe of slope and limits of fill 89 necessary to construct the dwelling unit, including access, 90 shall be indicated. 91 (5) "The proposed residential dwelling structure is not located in 92 a special flood hazard area as determined from the National 93 Flood Hazard Insurance Program Flood Insurance Rate Map 94 (FIRM) Community -Panel No. dated " 95 for any residential lot located wholly or partially within the 96 floodplains subject to special restrictions of section 97 4.10 of this GFdiRa the Floodplain Ordinance (Appendix 98 K) and recorded after the effective date of this ordinance 99 ([October 23, 2001]). W of 101 COMMENT 102 103 The amendment above makes the requirements of the site development plan consistent with 104 the Floodplain Ordinance (Appendix I). 105 106 SeG. 5B. Floodplain Fequlations-. 107 -ef this seGtien is te establish and 0: aFeas te be kRewn as the fleedplaffiR and WhiGh would be 0•implement Definitions.EF Vr-r 112 those that RatuFally exist. The puFpose ef establishiRg SUGh areas is te pFOteGt 14 115 highest possible level of water quality on the watepNays of the aFea, and te suppe 116 and GeRfGFM to the Natienal Flood insuFanGe Program. 117 513.2. - ef this 68Gtien, the following terms shall be defiRe 118 as here*R indiGated- • .Fea g.. ZORe desig ated .Q AH or VO on a GOMmunity's floe 120 Fate map -M Ey 121 flooding to an average depth of ene to three (3) feet wheFe a Glearly defiRed Ghann 122 dees net exist, wheFe the path of fleeding is unpFediGtable, and where veleGity flow rna 124 Base A�oed elevation. The 00 year water surfaGe - e-vatiOR designated by-th 125 Federal F=FneFgeRGY MaRagernent `- • Basement .. y area ef the building haViRg its floor below ground level GR all sides. : designate te peFfeFM the duties, or te exerGise the autherity, ef the • 3 130 131 132 Ghange OR grade from teR (10) perGeRt er greater to less 133 aRy part of whirsh 06 gFE)WiRg GR Ally 1, ••0 1 or grews theFeen subsequent thereto, any 134 one or more of the fGl'GWiRg--. AFner;Gan beaGh grass (AFnmephilia bFeviligulata); be • dusty miller(Artemisia- _ - akile •primary sand dURe shall REA ORGlude any mound ef sand, sandy soil, or •1 dredge sow! whilGh has be8R deposited by Fnan for the purpose of the temporar) Development.142 .. - - - 145 dFilliRg operations; steFage of equipment eF mateFiais; and the subdivision of 1 4• 4• • .• 1 M 153 shore of a lake er other bedy of water as a result ef URderFnOR'Rg 155 aused by aR URusually high water- level OR a Ratural body of water-, • 157 flash flood or aR abpormal todal surge, eF by seme similarly URusual and 159 Rood insuFanGe study, The flood iRSUraRGe study for the Gity of Virginua BeaGh 61 prepared by the United States FedeMaRagemeRt.dated M 161 2009, 162 shall be kept- ef the - 163 Poodplain. That land aFea adjoiRiRg a rover, strearn, wateFGeUFE;e, eGeaR, bay, or •, • ••elevatiGR of the flood wateF Of FeGGrd; •7 (b) The iRterrnediate fleed level as determlRed by the WRited States AFmy - 168 F.RgiReers;-ef •.The flood level as deteFMiRedthe OffiGe of the Gity eRgineer, whiGheveF 1 173 335 (1) PubliG and private outdoor FeGFeational faGmi*t'eSi . grazing 337 _lmNf_pcStoGk, PFOvided, that pE)u!tFy er liveE;tGGk 6hall Rot be housed within five 338 hundred (500) feet of aRy residential, apartment oF hotel di6tFiGt; Open uses, SUGh as off street parking or loading and unloading areas II related te uses in adjoining 342 appliGable to extraGtive industries as set forth in the Gonditional use 343 3 of the Zoning QFdinanGe of the City Of ViFgiRia BeaGh; 344(5) PubliG i RtS, SUGh as dams, levees and Ghann- r / I• 347 lGGat'en of mp'nttzmAnata 348 : Uses and - r I •suberdonate te useslisted 351 ; pFevided that 352 Only GRe (I ) SUGh stand shall be permitted per lot; 353 Ne SUGh stand shall eXGeed five hundred (500) square feet in fleer areaj I and 355 No suE;h stand an the street frontage shall be eFeGted within �wevfvL_Lovil\ • feet ef the property line. 7 • •shall be subjeGt tO the use FegulatiGR Of th - • as - 360 • ' • 363 may be GontiRued sub eGt W the following GORditiens: 364 I • 366 - pFaGt*Ges that t.367 i expanSieR 9F eRlargement will not result ase m-. ti 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 (d) The proposed foil within the f!E)edpia*R must be limited te the smallest 478 boundary ef the PFGjeGt, and shall ROt eXGeed five (5) of the 479 total area Wftn the flood fringe IOGated GR the prepeFty to be foiled. ,SI(100) PeFGent mitigation must be provided en - 481_ _ s... .• ,• -itted by right and whiGh were FeGOrded .; .0 - 486 (1) The minimurn neGessary full shall be permitted for a driveway er other on- .• .•• (2) The minimum neGessary foil shall be permitted tO eRsure proper .•• giventhe immediate area; .•1 be permitted to meet ,. 492 (4) The MOROMUM fill shall be permitted tG GonStFUGt aRy attaGhed additiGR less ..tharl one 000 .•. 00 495 (e) Lowest flood ele��ationlWoodpr-oiqfing FeGor-ded. .•6 (1) WheR the base flood elevatien data or floodway data have not b 497 provided, the Gity engineer shall obtain, reeview, and reasenably Utilize any ,.. base flood elevatiGR and fleedway data available from a federal, state, o F .•• aRy Other soume, i n order te administer the previsions of SeE; n 555BB.55 eef 12 A W_ dEl Ill Ljjj@ _A. r 476 (d) The proposed foil within the f!E)edpia*R must be limited te the smallest 478 boundary ef the PFGjeGt, and shall ROt eXGeed five (5) of the 479 total area Wftn the flood fringe IOGated GR the prepeFty to be foiled. ,SI(100) PeFGent mitigation must be provided en - 481_ _ s... .• ,• -itted by right and whiGh were FeGOrded .; .0 - 486 (1) The minimurn neGessary full shall be permitted for a driveway er other on- .• .•• (2) The minimum neGessary foil shall be permitted tO eRsure proper .•• giventhe immediate area; .•1 be permitted to meet ,. 492 (4) The MOROMUM fill shall be permitted tG GonStFUGt aRy attaGhed additiGR less ..tharl one 000 .•. 00 495 (e) Lowest flood ele��ationlWoodpr-oiqfing FeGor-ded. .•6 (1) WheR the base flood elevatien data or floodway data have not b 497 provided, the Gity engineer shall obtain, reeview, and reasenably Utilize any ,.. base flood elevatiGR and fleedway data available from a federal, state, o F .•• aRy Other soume, i n order te administer the previsions of SeE; n 555BB.55 eef 12 13 14 15 16 •• 662 adversely affeGtedi and •• - ••� A- _ •• 666 667 668 669 COMMENT 670 671 Section 5B has been moved to the Floodplain Ordinance (Appendix K). 672 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. APPROVED AS TO CONTENT: CA12714 R-2 August 28, 2013 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 17 1 AN ORDINANCE TO AMEND APPENDIX D, 2 STORMWATER MANAGEMENT, SECTION 4 3 (DEFINITIONS AND FLOODPLAINS) AND 4 SECTION 9 (DESIGN CRITERIA AND 5 FLOODPLAINS) 6 7 Sections Amended: Stormwater Management §§ 4 and 9 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Sections 4 and 9 of the Stormwater Management Ordinance are hereby 13 amended and reordained to read as follows: 14 15 APPENDIX D STORMWATER MANAGEMENT 16 17 Sec. 4. Definitions. 18 19 Unless specifically defined below, words or phrases shall be interpreted so as to 20 give them the meaning they have in common usage and to give this ordinance its most 21 effective application. Words used in the singular shall include the plural, and the plural 22 the singular; words used in the present tense shall include the future tense. The word 23 "shall" connotes mandatory and not discretionary; the word "may" is permissive. 24 25 .... 26 27 Flooding means a volume of water that is tee rea gt to be e•onfid within e h th ,y nev banks 28 or walls of the stream, 29 lu^us, Gausing or threatening damage. A general or temporary condition of partial or 30 complete inundation of normally dry land areas from: 31 32 (a) The overflow of inland or tidal waters. 33 (b) The unusual and rapid accumulation or runoff of surface waters from anv 34 source, or 35 (c) Mudflows, which area proximately caused by flooding as defined in paragraph 36 (1)(b) of this definition and are akin to a river of liquid and flowing mud on the 37 surfaces of normally dry land areas, as when earth is carried by a current of 38 water and deposited along the path of the current. 39 40 The collapse or subsidence of land along the shore of a lake or other body of water 41 as a result of erosion or undermining caused by waves or currents of water exceeding 42 anticipated cyclical levels or suddenly caused by an unusually high water level in a 43 natural body of water, accompanied by a severe storm or by an unanticipated force of 44 nature such as flash flood or an abnormal tidal surge some similarly unusual and 45 unforeseeable event that results in flooding as defined in paragraph 1(a) of this 46 definition. 47 48 Floodplain eneaRsthese areasadjeiRing-a-FveF, str m, wale FGE) Urso' GneaT 49 bay, OF lake, 50 : Any land area susceptible to being inundated by 51 water from any source. 52 53 (That reGE)Fded by he maximum elevatiOR of the flood water of re Ge Fd• /h\ The intermediate flood I determined by the U.S. army Corps -of 54 �,--r��-R,tierr���--�—Tevel--as--Qeter�-i-►��--a�R,��o��� 55 Fnninoors• or 56 (G) The flood level as determined by the depaFtment of publiG WE)Fks, whiGhever 57 gFeater. 58 59 60 the federal insurra Ge acstr•+Gr 61 62 .... 63 64 Site means any tract, lot or parcel of land or combination of tracts, lots or parcels of 65 land which are in one (1) ownership or are contiguous and in diverse ownership where 66 land development is to be performed as part of a unit, subdivision or project. 67 68 Special Flood Hazard Area means the land in the floodplain subject to a one (1) 69 percent or greater chance of being flooded in any given year as set forth in the 70 Floodplain Ordinance (Appendix K). 71 72 .... 73 74 COMMENT 75 76 The amendments above make the definitions in the Stormwater Management Ordinance 77 consistent with the Floodplain Ordinance (Appendix K). 78 Sec. 9. Design criteria. 79 To ensure attainment of the objectives of this ordinance and to ensure that 80 performance standards will be met, the design, construction and maintenance of 81 drainage systems shall be in accordance with the specifications outlined in the manual 82 of stormwater management practices described in section 11 and shall meet the 83 following design criteria: 84 85 .... 86 87 (u) No structural stormwater management facilities shall be constructed within 88 the one hundred yeaF fleedplairt special flood hazard areas in of the floodplain subject 89 to special restrictions, as enumerated in 5B.5(G) of the site plan erdinanGe (ApPGRdix G) 90 section 4.10 of the Floodplain Ordinance (Appendix K) or in the southern watersheds as 91 enumerated in 2(a) of the southern watersheds management ordinance (Appendix G). 2 92 93 94 95 96 97 COMMENT The amendment above makes the design criteria of the Stormwater Management consistent with the Floodplain Ordinance (Appendix K). Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2013. APPROVED AS TO CONTENT: L.,P-•. 7P rtment CA12715 R-4 October 9, 2013 APPROVED AS TO LEGAL SUFFICIENCY: b)d Lhe I City Attorney's Office K, 1 AN ORDINANCE TO AMEND APPENDIX G, 2 SOUTHERN WATERSHEDS MANAGEMENT 3 ORDINANCE, SECTION 4 (DEFINITIONS AND 4 FLOODPLAINS), SECTION 7 (PERFORMANCE 5 STANDARDS AND FLOODPLAINS), SECTION 8 6 (DESIGN CRITERIA AND FLOODPLAINS) AND 7 SECTION 9 (THE SOUTHERN WATERSHEDS 8 MANAGEMENT PLAN AND FLOODPLAINS) 9 10 Sections Amended: Southern Watersheds Management Ordinance 11 §§ 4, 7, 8, and 9 12 13 WHEREAS, the public necessity, convenience, general welfare and good zoning 14 practice so require; 15 16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA: 18 19 That Sections 4, 7, 8 and 9 of the Southern Watersheds Management Ordinance 20 are hereby amended and reordained to read as follows: 21 22 APPENDIX G SOUTHERN WATERSHEDS MANAGEMENT ORDINANCE 23 Sec. 4. Definitions. 24 The following words and terms used in this ordinance shall have the following 25 meanings, unless the context clearly indicates otherwise: 26 27 .... 28 29 (i) Development: The construction, alteration or installation of any structure 30 or other improvement upon a parcel of land, or any land disturbance, whether or not 31 undertaken in connection with development, but not including activities associated with 32 agriculture or silviculture or the construction of improvements used primarily for 33 agricultural purposes. For floodplain management purposes, development means any 34 man-made change to improved or unimproved real estate including but not limited to 35 buildings or other structures, the placement of manufactured homes streets mining 36 dredging filling grading paving excavation or drilling operations storage of equipment 37 or materials, or the subdivision of land. 38 39 .... 40 41 (m) Flood: ternperary -rose ;n the level „f aRy water bedy, wateFGE)S OF 42 wetland whiGh results in the inundatien of areas not ordinaFily GOvered by Wat8F. A 43 general or temporary condition of partial or complete inundation of normally dry land 44 areas from 45 46 (1) The overflow of inland or tidal waters; or 47 (2) The unusual and rapid accumulation of runoff of surface waters from any 48 source, or Mudflows, which are proximately caused by flooding as defined 49 in paragraph (1)(b) of this definition and are akin to a river of liquid and 50 flowing mud on the surfaces of normally dry land areas, as when earth is 51 carried by a current of water and deposited along the path of the current. 52 53 The collapse of subsidence of land along the shore of a lake or other body of 54 water as a result of erosion or undermining caused by waves or currents of water 55 exceeding anticipated cyclical levels or suddenly caused by an unusually high water 56 level in a natural body of water, accompanied by a severe storm, or by an unanticipated 57 force of nature such as flash flood or an abnormal tidal surge, or by some similarly 58 unusual and unforeseeable event which that results in flooding as defined in paragraph 59 1(a) of this definition. 60 61 62 (n) Floodplain: That land areaadjeOR"Rg o riveF, strearn, water eseaR, 63 bay, er lake, 64 situated holew the olo„otieR of: Any land area susceptible to being inundated by water 65 from anv source. 66 67 (1) That reGOrded by the maximum eleyatien of the flee d water of ronnrdi s 68 (2) The fleed level as determiR —the U.S.—AFmy GE)Fps--ef 69 Gnginoors .,r 70 whiGh , 71 greater. Y Changeson�QelinootiOR of the int - to flood level oro 72 subjeGt to approval by the federal ins ironno administrot�r 73 74 .... 75 76 (ff) Site: Any tract or parcel of land, or combination of tracts, lots or parcels of 77 land which are in common ownership or are contiguous and in diverse ownership where 78 development is to be performed as part of a subdivision or construction project. 79 (gg) Special Flood Hazard Area: The land in the floodplain subject to the one 80 (1) perfect or greater chance of being flooded in any given year as set forth in the 81 Floodplain Ordinance (Appendix K). 82 (gghh) Structure: That which is built or constructed, an edifice or building of any 83 kind or any piece of work artificially built up or composed of parts joined together in 84 some definite manner, but not including fences or signs. For floodplain management 85 purposes, a structure means a walled and roofed building, including a gas or liquid 86 storage tank that is principally above ground, as well as a manufactured home. 87 (WH) Subdivision: The division of any parcel of land into two (2) or more lots or 88 parcels. The term shall include all changes in lot lines, the creation of new lots involving 011 89 any division of an existing lot or lots and, if a new street is involved in such division, any 90 division of a parcel of land. When appropriate to the context, the term shall also include 91 the process of subdividing and the territory subdivided. 92 (4h) Tidal wetlands: Vegetated and nonvegetated wetlands, as defined in 93 section 1401 of the City Zoning Ordinance [Appendix A]. 94 (} k) Tillage equipment: Farm equipment commonly used to invert the soil 95 surface layer, including, but not limited to, disc harrows and moldboard plows. 96 (kkll) Tributary stream: A watercourse contiguous to wetlands or shorelines, as 97 defined in this ordinance. 98 (t mm) Vegetation: All plant growth, including, but not limited to, trees, shrubs, 99 vines, ferns, herbs, mosses and grasses. 100 (inn) Waters or community of waters: Any and all water on or beneath the 101 surface of the ground, including the water in any watercourse, water body or drainage 102 system and diffused surface water and water percolating, standing or flowing beneath 103 the surface of the ground, as well as coastal waters. 104 (4►oo) Watercourse: Any natural or artificial lake, stream, river, creek, channel, 105 ditch, canal, Genduit, GUIvert, drain, waterway, gully, ravine, swale or wash in which 106 water flows, either continuously, periodically, or intermittently, and which has a definite 107 channel, bed or banks. 108 (eepp) Water -dependent facility. A development of land which must be located on 109 a shoreline by reason of its intrinsic nature, including, but not limited to, ports, intake 110 and outfall structures of power plants, water treatment plants, sewage treatment plants, 111 storm sewer outfalls, marinas and other boat docking structures, beaches and other 112 public water -oriented recreational areas, fisheries or other marine resource facilities and 113 shoreline protection measures as authorized under the provisions of the Wetlands 114 Zoning Ordinance. [Appendix A, § 1400 et seq.]. In the case of facilities having both 115 water -dependent components and components which are not water -dependent, only 116 those portions which are water -dependent shall fail within this definition. 117 (ppgg) Wetlands: Tidal and nontidal wetlands as defined herein. 118 119 .... 120 121 COMMENT 122 123 The amendments above make the definitions in the Southern Watersheds Management 124 Ordinance consistent with the Floodplain Ordinance (Appendix K) and renumber the definitions. 125 126 Sec. 7. Performance standards. 127 128 .... 129 130 (f) The following additional performance standards shall be requirements of 131 all development: 3 132 (1) The quality of surface waters and groundwater shall be protected and, 133 where practicable, enhanced; 134 (2) Erosion during and after development shall be minimized; 135 (3) Groundwater levels shall be protected; 136 (4) The beneficial functioning of wetlands as areas for the natural storage of 137 surface waters and the chemical reduction and assimilation of pollutants 138 shall be protected; 139 (5) The location, construction or design or structures in areas prone to 140 flooding shall be undertaken in such manner as to prevent innrease l 141 fieediRg and damage FGSU't*Rg fFGFn SUGh develepment meet the 142 requirements of the Floodplain Ordinance (Appendix K); 143 144 .... 145 146 COMMENT 147 148 The amendment above makes the performance standards consistent with the Floodplain 149 Ordinance (Appendix K). 150 151 Sec. 8. Design criteria. 152 153 In order to ensure that the objectives of this ordinance and the performance 154 standards set forth hereinabove will be attained, development subject to the provisions 155 of section 7(e) shall be in accordance with the following requirements, which shall be in 156 addition to the requirements of subsections (a), (b), (c) and (d) of section 7: 157 158 .... 159 160 (1) No structural best management practice (BMP) facility shall be 161 constructed within the ene hundFed year fleedplain a special flood hazard 162 area; 163 164 .... 165 166 COMMENT 167 168 The amendment above makes the design criteria consistent with the Floodplain Ordinance 169 (Appendix K). 170 171 Sec. 9. Southern Watersheds Management Plan. 172 173 .... 174 :1I 175 (c) The plan shall include a detailed description of the existing environmental 176 and hydrologic conditions of the site and receiving waters, including the following 177 information as appropriate to the circumstances: 178 (1) The direction, flow rate and volume of stormwater runoff under existing 179 conditions; 180 (2) The location of areas on the site where stormwater collects or percolates 181 into the ground; 182 (3) A description of all watercourses, water bodies and wetlands on or 183 adjacent to the site or into which stormwater flows. Information regarding 184 their water quality and the current water quality classification, if any, given 185 them by the Virginia Water Control Board shall be included; 186 (4) Groundwater levels, as indicated by the Virginia Beach Soil Survey; 187 (5) Location of floodplains, including floodways and flood fry special flood 188 hazard areas; 189 (6) Identification of vegetation existing on the site; 190 (7) The topography of the site; and 191 (8) Soil types or taxonomic units existing on the site. 192 193 .... 194 195 COMMENT 196 197 The amendment above makes the Southern Watersheds Management Plan requirements 198 consistent with the Floodplain Ordinance (Appendix K). 199 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2013. APPROVED AS TO CONTENT Pa n n i n• , 1 . I CA12717 R-3 September 18, 2013 APPROVED AS TO LEGAL SUFFICIENCY: v 7 City Attorney's ffice 5 1 AN ORDINANCE TO AMEND SECTION 103 2 OF APPENDIX F, CHESAPEAKE BAY 3 PRESERVATION AREA ORDINANCE, 4 PERTAINING TO DEFINITIONS AND 5 FLOODPLAINS 6 7 Section Amended: Chesapeake Bay Preservation Area Ordinance 8 § 103 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 103 of the Chesapeake Bay Preservation Area Ordinance is hereby 17 amended and reordained to read as follows: 18 19 APPENDIX F CHESAPEAKE BAY PRESERVATION AREA ORDINANCE 20 21 .... 22 23 Sec. 103. Definitions. 24 25 .... 26 27 Development. The construction or installation of any improvement upon a parcel 28 of land, or any land disturbance associated therewith. For floodplain management 29 purposes, development means any man-made change to improved or unimproved real 30 estate, including but not limited to, buildings or other structures, the placement of 31 manufactured homes, streets, mining, dredging, filling, grading, paving, excavation or 32 drilling operations, storage of equipment or materials, or the subdivision of land. 33 34 COMMENT 35 36 The amendment makes clear that the definition of the term "Development" in the 37 Floodplain Ordinance (Appendix K) is different from the one in the Chesapeake Bay Preservation 38 Area Ordinance, in contexts other than floodplain management. 39 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: �� W-1 4— - a; , m , 404/. Planning De artment City Attorney's Office CA12716 R-2 August 28, 2013 1 AN ORDINANCE ESTABLISHING TRANSITION RULES 2 FOR THE REVIEW OF SITE PLANS, SUBDIVISION PLATS 3 AND OTHER PLANS OF DEVELOPMENT FOR 4 PROPERTY IN SPECIAL FLOOD HAZARD AREAS 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the City Council has adopted the revised Floodplain Ordinance 10 (Appendix K); and 11 12 WHEREAS, the regulations pertaining to development in the Special Flood 13 Hazard Areas (SFHA) require a greater freeboard for development from the previous 14 ordinance; and 15 16 WHEREAS, it is the sense of the City Council that special transition rules should 17 be adopted to govern certain development applications that were not approved by the 18 City prior to the effective date of the Ordinance; 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 1. That the following rules shall apply to the review of site plans, subdivision 24 plats and other plans of development for property located within the SFHA: 25 26 (a) Any subdivision plat, site plan or other plan of development pertaining to 27 property within the SFHA that has been accepted for review, but has not 28 been approved by the City on or before the close of business on the date 29 of adoption of the Floodplain Ordinance, shall not be subject to the 30 freeboard requirements of Appendix K, but shall, for a period of one 31 hundred eighty (180) days from the date of adoption of the Floodplain 32 Ordinance, be subject to the ordinances and regulations of the City 33 applicable to such property in effect on the date such plat, site plan or 34 other plan of development was accepted for review by the City. 35 36 (b) If such site plan, subdivision plat or other plan of development is not 37 approved within the aforesaid 180 -day period, all further development that 38 is the subject of such site plan, subdivision plat or other plan of 39 development shall conform to the provisions of the Floodplain Ordinance, 40 as well as to all other applicable laws, ordinances, regulations and 41 standards. 42 43 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 44 BEACH, VIRGINIA: 45 46 That nothing in this ordinance shall be construed to affect any vested rights 47 which existed as of the effective date of the Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2013. APPROVED AS TO CONTENT: Planning D partment CA12826 R-2 October 30, 2013 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 2 K. APPOINTMENTS BAYFRONT ADVISORY COMMITTEE BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA) HISTORIC PRESERVATION COMMISSION MINORITY BUSINESS COUNCIL PENDLETON PROJECT MANAGEMENT BOARD PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION RESORT AREA PARKING STRATEGY SENIOR SERVICES OF SOUTHEASTERN VIRGINIA (SEVAMP) TRANSITION AREA/ITA TRAFFIC AREA ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) L. UNFINISHED BUSINESS M. NEW BUSINESS N. 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