JANUARY 14, 2014 AGENDACITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WlLLlAM D. SESSOMS, JR., At Large
V/CE MAYOR LOUIS R. JONES, Bavside - Dish-ict 4
ROBERT M. DYER, Centervi[le - Dish•ict 1
BARBARA M. HENLEY, Pi-incess Aime District 7
SHANNON DS KANE, Rose Hall - Disti-ict 3
BRAD MART/N, P.E.. At Lnrge
JOHND.MOSS, At Lnrge
AMELlA ROSS-HAMMOND, Kentpsvil[e - Distric! 2
JOHN E. UHRIN, Bench - Dish•ict 6
ROSEMARY WILSON, At Large
JAMES L. WOOD, Lvnnhaven -Distric! 5
CITY COUNCIL APPOINTEES
CITY MANAGER - JAMES K. SPORE
CITYATTORNEY - MARK D. STILES
C/TY ASSESSOR - JERALD D. BANAGAN
CITYAUDITOR - LYNDON S. REMIAS
C/TY CLERK - R UTH HODGES FRASER, MMC
CITY COUNCIL AGENDA
14 January 2014
CITYHALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (75 7) 385-5669
E- MAIL: Crycncl@vbgov.com
1. CITY COUNCIL BRIEFING - Conference Room - 2:30 PM
A. VIRGINIA BEACH TRANSIT EXTENSION STUDY (VBTES) - Hilltop Alignment
William Harrell, President and CEO - Hampton Roads Transit
II. CITY MANAGER'S BRIEFINGS
A. COMPARATIVE INDICATORS FOR OTHER HAMPTON ROADS CITIES
David Bradley, Administrator - Management Services
B. HARBOUR PO1NT NEIGHBORHOOD DREDGING - SPECIAL SERVICE DISTRICT
David L. Hansen, Deputy City Manager
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. CITY COUNCIL AGENDA REVIEW
VI. TIME CAPSULE CEREMONY/RECEPTION - Lobby, Building 1- 4:30 PM
VII. INFORMAL SESSION - Conference Room - 5:30 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF THE CITY COUNCIL
C. RECESS TO CLOSED SESSION
VIII. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Jeremy Jenkins
Pastor
Grace Covenant Presbyterian 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
2. SPECIAL SESSION
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. PUBLIC HEARINGS
1. EXCESS CITY-OWNED PROPERTY
118 West Lane
2. SPECIAL SERVICE DISTRICT
Harbour Point Neighbarhood Dredging Project (SSD)
3. GAP FINANCING FOR CAVALIER ASSOCIATES
1. PUBLIC COMMENT
1. CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE
J. ORDINANCES/RESOLUTIONS
December 10, 2013
December 17, 2013
1. Ordinance to DECLARE parcel at 118 West Lane to be in EXCESS of the City's needs and
AUTHORIZE the City Manager to SELL same to Darrell and Jessica Shay Edwards.
DISTRICT 6 - BEACH
2. Resolution to DIRECT the City Attorney to file a petition for a Writ of Special Election on
November 4, 2014
Resolution to UPDATE the City Council Policy re "Guidelines for Evaluation of Investment
Partnerships for Economic Development"
4. Ordinances re Harbour Point Neighborhood Dredging Special Service District:
a. AMEND the City Code to CREATE Harbour Point Neighborhood Dredging Special
Service District (SSD) and LEVY additional taxes on real property within the Special
Service District
b. CREATE Capital project to APPROPRIATE and TRANSFER funds re engineering and
design work
Ordinances to ACCEPT and APPROPRIATE funds from the U.S. Deparhnent of Homeland
Security to the Fire Department:
a. $22,000 to purchase equipment for the Hazardous Materials Team
b. $25,000 to purchase technical search equipment for the Heavy Tactical Rescue Team
6. Ordinance to APPROPRIATE $33,727 from the Oyster Heritage Trust Fund to the FY 2013-14
Operating Budget of Planning and Community Development to increase the oyster habitat in
the Lynnhaven River watershed, conduct annual sanctuary reefs oyster survey and continue the
Oyster Shell Recycling program
K. PLANNING
1. Applications for Nonconforming Uses:
a. BARBARA T. GRANT re an enlargement to replace an existing structure at 308 45th Street
DISTRICT 6 - BEACH
b. WAYNE BEAGLE re an enlargement to add dormers to the roof at 103 Ash Avenue
DISTRICT 5 - LYNNHAVEN
c. ERIK HOMES, LLC re reconstruction and enlargement of existing structures:
(1) 215 51 St Street - two new single-family dwellings
(2) 316 34th Street - three new townhouses fronting on 34th Street
DISTRICT 6 - BEACH
2. Application of CAPE HENRY COLLEGIATE SCHOOL for a Modification of a Conditional
Use Permit (approved May 23, 2000 and modified on December 14, 2012) to allow an increase
in the height of the lighting for Field No. 1 at 1320 Mill Dam Road
DISTRICT 5 - LYNNHAVEN
3. Applications of OUTDOOR VENTURES - VIRGINIA BEACH, LLC,
DISTRICT 6 - BEACH:
a. Change of Zoning from Conditional I-1 Industrial to P-1 Preservation at South Birdneck
and Bells Road
b. Conditional Use Permit re outdoor recreational and amusement facilities at 717 and 801
General Booth Boulevard
4. Applications of the CITY OF VIRGINIA BEACH to:
a. ALLOW Antique Shops within buildings listed on the Virginia Beach Historical Register as
a Conditional Use in the AGl and AG2 Agricultural Districts
b. AMEND Section 111 (`Definitions') of the City Zoning Ordinance (CZO) re dwellings
c. AMEND Section 201 of the City Zoning Ordinance (CZO) re yards to allow existing
structures located in a required yard to be raised for flood protection
d. AMEND the Comprehensive Plan re the Urban Forest Management Plan providing for
policy guidance, goals and objectives to protect and enhance the Urban Forest and
REVISING the Policy Document.
L. APPOINTMENTS
CHESAPEAKE BAY PRESERVATION AREA BOARD
HISTORIC PRESERVATION COMMISSION
PERSONNEL BOARD
PLANNING COMMISSION
PROCESS IMPROVEMENT STEERING COMMITTEE
RESORT ADVISORY COMMISSION
SOUTHEASTERN PUBLIC SERVICE AUTHORITY
TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
M. UNFINISHED BUSINESS
N. NEW BUSINESS
0. ADJOURNMENT
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
*****************************
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
*********?*****************?****
L CITY COUNCIL BRIEFING - Conference Room - 2:30 PM
A. VIRGINIA BEACH TRANSIT EXTENSION STUDY (VBTES) - Hilltop Alignment
William Harrell, President and CEO - Hampton Roads Transit
IL CITY MANAGER'S BRIEFINGS
A. COMPARATIVE 1NDICATORS FOR OTHER HAMPTON ROADS CITIES
David Bradley, Administrator - Management Services
B. HARBOUR POINT NEIGHBORHOOD DREDGING - SPECIAL SERVICE DISTRICT
David L. Hansen, Deputy City Manager
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
I V. CITY COUNCIL AGENDA REVIEW
VI. TIME CAPSULE CEREMONY/RECEPTION - Lobby, Building 1- 4:30 PM
VII. INFORMAL SESSION - Conference Room - 5:30 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF THE CITY COUNCIL
C. RECESS TO CLOSED SESSION
VIIL FORMAL SESSION - City Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Jeremy Jenkins
Pastor
Grace Covenant Presbyterian 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 December 10, 2013
2. SPECIAL SESSION December 17, 2013
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. PUBLIC HEARINGS
EXCESS CITY-0WNED PROPERTY
118 West Lane
2. SPECIAL SERVICE DISTRICT
Harbour Point Neighborhood Dredging Project (SSD)
3. GAP FINANCING FOR CAVALIER ASSOCIATES
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SALF OF IXCESS CfTY
PROPERTY
The Virginia Beach City Council will
hold a PUBLIC HEARING on the
disposition and sale of city-owned
property, Tuesday, January 14, 2014,
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
property is located at 118 West Lane
(GPIN: 2407-94-4649). The purpose
of this Hearing will be to obtain public
input to determine whether this
property should be declared "Excess
of the City's needs". ..
If you are physlcalty disabled or
vfsualty Impalred and need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at 386
4303; Hearing impalred, call 1-800-
828-1120 (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. The Real Estate Office
telephone number is"(757) 385-
4161.
Ruth Hodges Fraser, MMC
City Clerk
BeaconJanuary 5,2014 23882019
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PUBUC HEARING:
AN ORDINANCE TO CREATE A
SPECIALSERVICE DISTRICT
FOR THE HARBOUR POINT
NEIGHBORHOOD DREDGING
PROJECT
As required by Code of Virginia §
15.2-2400, the City Council of
Virginia Beach, Virginia will hold a
Public Hearing on an ordinance to
create a Special Service District for
the Harbour Point Neighborhood
Dredging Project. The Public Hearing
will be held on January ?14, 2014 at
6pm in the City Council Chamber.
The Chamber is located on the
second floor of Ciry Hall, at 2401
Courthouse Drive. All persons are
encouraged to attend and speak
about this proposed Special Service
District.
A copy of the proposed ordinance,
including a map of the district
boundary may be inspected at the
Office of the City Clerk.
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 (TDD - Telephonic Device
for the Deaf).
Ruth Hodges Fraser, MMC
City Clerk
Beacon Dec 22 & 29, 2013, &
Jan5,2014 23886320
I. PUBLIC COMMENT
CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE
J. ORDINANCES/RESOLUTIONS
Ordinance to DECLARE parcel at 118 West Lane to be in EXCESS of the City's needs and
AUTHORIZE the City Manager to SELL same to Darrell and Jessica Shay Edwards.
DISTRICT 6 - BEACH
2. Resolution to DIRECT the City Attorney to file a petition for a Writ of Special Electiori on
November 4, 2014
Resolution to UPDATE the City Council Policy re "Guidelines for Evaluation of Investment
Partnerships for Economic Development"
4. Ordinances re Harbour Point Neighborhood Dredging Special Service District:
a. AMEND the City Code to CREATE Harbour Point Neighborhood Dredging Special
Service District (SSD) and LEVY additional taxes on real property within the Special
Service District
b. CREATE Capital project to APPROPRIATE and TRANSFER funds re engineering and
design work
Ordinances to ACCEPT and APPROPRIATE funds from the U.S. Department of Homeland
Security to the Fire Department:
a. $22,000 to purchase equipment for the Hazardous Materials Team
b. $25,000 to purchase technical search equipment for the Heavy Tactical Rescue Team
6. Ordinance to APPROPRIATE $33,727 from the Oyster Heritage Trust Fund to the FY 2013-14
Operating Budget of Planning and Community Development to increase the oyster habitat in
the Lynnhaven River watershed, conduct annual sanctuary reefs oyster survey and continue the
Oyster Shell Recycling program
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CITY OF VIRGINIA BEACH
AGENDAITEM .
ITEM: An Ordinance declaring the property located at 118 West Lane (GPIN 2407-94-
4649) to be in excess of the City's needs and authorizing the City Manager to sell
the property to Darrell Edwards and Jessica Shay Edwards.
MEETING DATE: January 14, 2014
¦ Background:
As part of the APZ-1 Use and Acquisition Plan, the City of Virginia Beach
acquired 118 West Lane (the "Property") on October 24, 2012 for $210,000. At
the time of acquisition, the Property was improved with a developed duplex,
which has been demolished. The Property is 9,514 sq. ft.
Darrell and Jessica Shay Edwards (the "Buyers"), own adjacent properties at
1552, 1556 and 1562 New York Avenue. The Buyers propose to purchase the
Property for $9,514 ($1/SF) and resubdivide it with their adjacent properties to
create one residential lot.
¦ Considerations:
The Property will be sold with a deed restriction that prevents any new dwelling
units from being constructed. The APZ-1 Disposition Committee reviewed the
Property and determined that it should be sold to the adjoining property owner.
The sale would enhance the neighborhood and reduce density.
The Buyers' offer of $1 per square foot is consistent with previous City properties
sold as excess in the APZ-1 area that were not building sites.
If the City retains the Property, the City must pay to maintain the lot, an estimated
annual cost of $630.
¦ Public Information:
Advertisement for public hearing as required by Section 15.2-1800 Code of
Virginia and advertisement of City Council Agenda.
¦ Alternatives:
Retain ownership of the Property.
¦ Recommendations:
Approve the request and authorize the City Manager to execute all necessary
documents to convey the Property subject to the terms and conditions in the
attached Summary of Terms and such other terms, conditions or modifications as
may be acceptable to the City Manager and in a form deemed satisfactory to the
City Attorney.
¦ Revenue restrictions:
The City funded the acquisition of the Property through the partnership with the
Commonwealth of Virginia. The proceeds from the sale of the Property in the
amount of $9,514 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 $4,757
retained by the City will be available for BRAC program acquisitions in future
years per the agreement with the Commonwealth.
¦ Attachments: Ordinance, Summary of Terms and Location Map
Recommended Action: Approval of the ordinance
Submitting DepartmentlAgency: Public Works Fd? ?n f1
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Further, that revenue from the sale of the Property in the amount of
$9,514 shall be received and fifty (50) percent of this amount shall be appropriated to
CIP #9-060, Oceana Interfacility Traffic Area Conformity & Acquisition, and fifty (50)
percent shall 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 $4,757 retained by the City will be
available for BRAC program acquisitions in future years per the agreement with the
Commonwealth.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of , 2014.
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APPROVED AS TO LEGAL
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EXHIBIT "A"
GPIN 2407-94-4649 (118 West Lane)
All those certain lots, pieces or parcels of land, situate, lying
and being in the City of Virginia Beach, Virginia, known,
numbered and designated as Lot 13, and the western one-
half of Lot 14, in Block 6, plat of "Survey of Block 6 Oceana
Gardens," which said plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 21, at page 3.
RESERVING UNTO THE CITY
the City in and to any and all
private roads and other rights
egress adjacent to appurtenant
the above-described property.
all right, title and interest of
easements, rights of way,
of access, ingress and/or
to or in any way benefiting
IT BEING the same property conveyed to the City of
Virginia Beach from James R. Gerling and Jane D.
Gerling, by deed dated October 19, 2012, and recorded
in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia as Instrument Number
20121024001234910.
EXHIBIT "B"
SUMMARY OF TERMS
SALE OF EXCESS PROPERTY LOCATED AT 118 WEST LANE
Seller: City of Virginia Beach
Buyers: Darrell Edwards and Jessica Shay Edwards, husband and wife
Property: 9,514 sq. ft. of property generally known as 118 West Lane (GPIN:
2407-94-4649).
Legal Description: See Exhibit "A" to Ordinance
Sale Price: $9,514
CONDITIONS OF SALE:
• Property is purchased "As is, Where is."
• Buyers have been advised of APZ-1 restrictions for use.
• Buyers may use the Property for accessory structures, or Buyers may
otherwise utilize the Property for construction in conjunction with their
adjacent property upon resubdivision to remove interior lot lines;
however, Buyers may not add any new dwelling units.
• Seller shall resubdivide the Property to vacate interior lot lines.
• Seller will record deed restrictions permanently preventing new
dwelling units prior to or simultaneoWS with conveyance.
• Seller will reserve any fee in the streets and any easements necessary
for public purposes.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution to Direct the City Attorney to File a Petition for a Writ of Special
Election
MEETING DATE: January 14, 2014
¦ Background: Former Councilmember Glenn Davis was elected in November
2012 to serve as a member of City Council (Rose Hall District) for a term the ends on
December 31, 2016. Mr. Davis has submitted a letter of resignation effective December
31, 2013. In January, he begins service as a delegate in the General Assembly.
When a vacancy requires a special election, state law requires the local governing body
to petition its circuit court for a writ of special election within 15 days of the occurrence
of a vacancy. Provided the court is satisfied with the petition, the writ of special election
will provide for an election on November 4, 2014. The person elected at the November
4, 2014 special election will take office upon the certification of the vote and the person
so elected qualifying, for a term ending December 31, 2016.
¦ Considerations: If City Council adopts the resolution, the City Attorney's Office
will file the petition on January 15, 2014, in compliance with the statutory requirements.
No writ is needed for the at-large seat vacated by former Councilmember DeSteph
because he was elected to a term that ends December 31, 2014, and thus an election
for that seat is already scheduled for November 2014.
¦ Public Information: Public information will be provided through the normal
Council agenda process.
¦ Attachment: Resolution
Recommended Action: Approval
Submitting Department/Agency: City Attorney
City Manager. k ? 7??n
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A RESOLUTION TO DIRECT THE CITY ATTORNEY TO
FILE A PETITION FOR A WRIT OF SPECIAL ELECTION
WHEREAS, Glenn Davis, City Council Member for the Rose Hall District, was
elected for a term that ends December 31, 2016;
WHEREAS, Mr. Davis submitted his resignation from the City Council effective
December 31, 2013;
WHEREAS, Code of Virginia § 24.2-226 requires that within fifteen (15) calendar
days of receipt of resignation, the governing body shall petition its circuit court for a Writ
of Special Election to fill the remaining portion of the Council Member's term; and
WHEREAS, the next general election following the resignation by Mr. Davis is
November 4, 2014.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council directs the City Attorney to file a Petition for a Writ of
Special Election in the Circuit Court for the purpose of filling the vacancy in the office of
City Council Member Rose Hall District for a term ending December 31, 2016.
Adopted by the City Council of the City of Virginia Beach, Virginia, this day
of , 2014.
APPROVED AS TO LEGAL SUFFICIENCY:
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City-atf& y' , ffice
CA12860
R-2
December 19, 2013
1
CITY OF VIRGINIA BEACH
AGENDAITEM
ITEM: A Resolution to Adopt an Update to the City Council Policy, "Guidelines for
Evaluation of Investment Partnerships for Economic Development"
MEETING DATE: January 14, 2014
¦ Background: The original policy, "Guidelines for Evaluation of Investment
Partnerships for Economic Development," was adopted by City Council in 2001. The
City has benefitted from various investment partnerships over the years. Such
partnerships provide opportunities to further City Council goals. The attached update to
the policy seeks to focus on the City's Strategic Growth Area and Special Economic
Growth Areas.
¦ Considerations: The attached resolution provides for the adoption of the
updated policy. As provided in the policy, City Council will have the opportunity to
review individual projects as such projects proceed through the process set forth in the
policy.
¦ Public Information: This update was the subject of a City Council briefing on
December 10, 2013. Public information will be provided through the normal Council
agenda process.
¦ Attachments: Resolution; Policy Report; Exhibit A, "Guidelines for Evaluation of
Investment Partnerships for Economic Development"
Recommended Action: Approval
Submitting Department/Agency: Strategic Growth Area Office and Finan
City Manager. ? .
1 A RESOLUTION TO ADOPT AN UPDATE TO THE
2 CITY COUNCIL POLICY, "GUIDELINES FOR
3 EVALUATION OF INVESTMENT PARTNERSHIPS
4 FOR ECONOMIC DEVELOPMENT"
5
6 WHEREAS, the original policy, "Guidelines for Evaluation of Investment
7 Partnerships for Economic Development," was adopted by City Council in 2001; and
8
g WHEREAS, the City has spent several years developing unique plans that will
10 shape the future of the City with various focus areas such as the City's eight Strategic
11 Growth Areas (SGA's) and four Special Economic Growth Areas (SEGA's); and
12
13 WHEREAS, this update is necessary to align the investment partnership policy
14 with the goals of the SGA's and SEGA's;
15
16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18
19 1. That City Council hereby adopts an update to the policy "Guidelines for
20 Evaluation of Investment Partnerships for Economic Development," a copy of which is
21 attached hereto as Exhibit A; and
22
23 2. That the City Manager and staff are hereby directed to use the process outlined
24 in the policy when evaluating potential investment partnerships.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2014.
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT
9XL a-,
Strategic owth Area Offi e Department of Finance
APPROVED AS TO LEGAL SUFFICIENCY:
C i><Vn 6?e?ffice
CA12862 / R-1 / December 13, 2013
Exhibit A
Title: Guidelines for Evaluation of Investment Partnerships for
Economic Development Index Number:
Date of Adoption: March 13, 2001 Date of Revision: Jan. 2014 Page 1 of 4
1.0 Purpose and Need
On March 13, 2001, City Council originally adopted this policy. The City of
Virginia Beach has spent the last several years developing unique development
plans that will shape the future of each of the City's eight Strategic Growth Areas
(SGA's) and four Special Economic Growth Areas (SEGA's). This revision seeks
to update the 2001 policy by focusing upon those partnerships that are consistent
with the SGA's and SEGA's.
2.0 Policy Statement
City Council may consider investment partnerships that meet the desirability and
feasibility criteria set forth in this policy. Accordingly, staff is directed to follow the
process described in Section 5.0 to review and evaluate potential partnerships.
3.0 Criteria: Desirable and Feasible Proiect
A desirable project will have many, but not necessarily all, of the following
characteristics:
3.1 Compliance with City Council goals. City Council has identified a diverse
local economy and living choices as key for the City's future. Investment
partnerships should be based upon the project's ability to meet Council's
goals. Other City Council goals and objectives may be identified in the
SGA Plans, the Comprehensive Plan and the Envision 2040 Plan.
3.2 The project is located within a SGA or SEGA.
3.3 The private sector investment is a minimum of $30 million and acts as a
building block for future beneficial development.
City Council Policy
Guidelines for Evaluation of Investment Partnerships for Economic Development
Page 2
3.4 The project aligns with SGA/SEGA design principles.
3.5 Proximity to light rail stations. Most SGAs are within %2 mile of proposed
light rail stations, and proximity to such stations should encourage
successful development.
3.6 Historical financial and construction development integrity. A partner
should have the financial capacity and experience that suggests the ability
to complete the project.
3.7 Generates jobs and supports target industry development. The Economic
Development Department has identified professional, scientific, technical,
information, high perFormance manufacturing, and headquarter and
regional businesses as targeted industries.
3.8 Projects support pedestrian and bicycle connectivity. Walkable streets and
bicycle amenities support the SGA goal of walkable, safe, and connected
communities.
3.9 Offers housing stock variety. If housing is included in the project, the City
has a goal of providing high-quality and affordable housing to a diverse
range of households.
The project must also be financially feasible for the City and the private partner:
3.10 Fiscal, economic, and/or social benefits will be greater because of a public
investment partnership based on a due diligence evaluation.
3.11 A fair and reasonable return (fiscal, economic, and/or social) is provided to
both the private and public sector partners.
3.12 The project will not proceed, or will not proceed at a desired quality level,
"but/for" a public sector investment partnership.
3.13 Partner is willing to enter into a Development Agreement that allocates
responsibilities and risk.
City Council Policy
Guidelines for Evaluation of Investment Partnerships for Economic Development
Page 3
4.0 Investment Partnership Incentives
Investment partnerships may take a variety of forms and require the mixing and
matching of incentives. The following is a list of typical incentives that may be
considered in these partnerships.
4.1 Annual revenue and/or fee incentive grants
4.2 Density bonuses
4.3 Establishment of a special service district (SSD)
4.4 Economic Development Incentive Program (EDIP) grants
4.5 Land swaps, grants, and transfers
4.6 Lease of City-owned or Development Authority-owned property
4.7 Assisted Plan Review
4.8 Public infrastructure, parking, and amenities
4.9 Sustainability and/or rehabilitation tax relief
4.10 Other incentives that may be available or considered for the partnerships
5.0 Definitions
5.1 Investment partnerships are agreements between the City or the
Development Authority, and a private entity, usually a developer. To
leverage large scale development, generate public benefit, or increase tax
revenues, the City makes a partnership with a developer enabling SGA
and SEGA plan compliance, maximizing development potential, and
accomplishing a project otherwise not achievable.
City Council Policy
Guidelines for Evaluation of Investment Partnerships for Economic Development
Page 4
5.2 Strategic Growth Areas, as defined in the 2009 Virginia Beach
Comprehensive Plan, are designed to concentrate growth in a strategic
and sustainable way, developing centers of employment, living,
commerce, shopping, and arts and culture. The SGAs, almost all of which
are located along the City's primary transportation corridor, emphasize a
`smarter' type of growth.
5.3 Special Economic Growth Areas, as defined in the 2009 Virginia Beach
Comprehensive Plan, are four predominantly nonresidential areas, located
adjacent to NAS Oceana and in the InterFacility Traffic Area targeting land
uses compatible with the military.
6.0 P rocess
6.1 The private partner makes a formal request of the City to engage in an
investment partnership. In response to this request or application, the City
Manager, Deputy City Manager(s), the City Attorney, the Director of
Finance, and the Directors of Economic Development, Planning, Finance
and Management Services, SGA Office as needed, have a preliminary
meeting (or a series of ineetings) with the prospective partner. The
purpose of this meeting and review is to determine if the project is a
desirable project.
6.2 If the project meets the desirability characteristics, then the prospective
partner may be directed to submit, additional information to enable the
City to evaluate, among other things, the qualifications of the developer
and the significance of the economic and fiscal impacts.
6.3 The City Manager will brief City Council and request the appointment of
Council liaisons for the project.
6.4 The City Manager (or the City Manager designee) will assign a Project
Manager. If not previously completed, the City will complete a study of the
economic, fiscal and social impacts of the project, including, without
limitation, the number of jobs, type of jobs, salaries paid, as well as
economic, community, and other impacts.
City Council Policy
Guidelines for Evaluation of Investment Partnerships for Economic Development
Page 5
6.5 A Term Sheet may be developed, in concert with the City Attorney, and
presented to City Council for concurrence.
6.6 The Project Manager will undertake stakeholder input that is appropriate
based upon the size and scope of the project.
6.7 A Development Agreement is prepared with the developer/partner. Any
such agreement is prepared under the direction and supervision of the
City Attorney.
6.8 The Development Agreement is brought before the City Council and/or
Development Authority for formal approval.
Approved as
to Content:
Approved as
to Content:
Approved as to
Legal Sufficiency:
Reviewed by:
p?,Vooj
Director of Finance
? tRU,-1 '?711A fA JL,
Date
1 - R - IQ-
Date
i_ "Lrc I?{
Date
e uty City Manager Date
Reviewed by: , j A 4. $ vbl
Ci Manager Da e
APPROVED BY
CITY COUNGL:
Mayor Date
City Attorney
POL.ICY REP't)RT
STRATEGIC GR4WTH AREAS AND SPECIAL
ECONOMIC GRC}WTN AREAS fNVESTMENT
PARTNERSHIP INCENTIVES
iNTRaoucrIoN
fln March 13, 2009, City Council adopEecf a City Cauncil Policy entitled "Guidelines for Evaluatien af
lnvestrrient Partnerships for Ecanamia Development" identifying criteria and guidelines for evatuating
publicfprivate and pubfic/pub(ic partRerships. Since 2001, the City has entered into a number of
ir?vestment parknerships tha# have contributed ta the City's econornic vitality.
The City of Virginia Beach has spent severai years developing unique development plans that wiil
shape the future of each of the City's eight Strafeg#c Growth Areas (SGA's) and four Speciai Economic
Growth Areas (SEGA's). With a focus specafic to SGA and SEGA pattnerships, fhis cepart's purpose is
to serve as a basis for #he proposed rev`rsions attached here#o as Attachment 9.
CHARACTERISTICS C?F AN tNVESTMEtdT PARTNERSNtP
This palicy report reiterates and refines incentive guidaEines far making investmenf partnership eligibifity
decisians. Any project brought to the attention af Cfty Council wi(1 passess the following basic
characteristics:
• The stnacture af the partnership wiit be fegalEy saund and have fnancial integrity
Th8 project wi![ aduance one or rnore City Council goais
The project would not proceeed, ar would not proceed at a desired quality tevel (e.g. high
density), "butffor" the participation of the City.
The fiaitowing are examples of partnership prajects and the incentives provided:
. Cavatier Hotel Renovation: Annual incen#ive revenue grant and EDIP
• 25th Street Parking Garage: Annual incentive revenue grant, long term lease, and iand transfer
? 31 Ucean (L.askin Road Ga#eway): Fulfy funded public utiiity and roadway infrastructure CIP
a 31st Street Mixed Use Development: Land lease and parking irvfrastructure CIP
• Sportsplex Fieidhouse: Annual incentive revenue grant and long-teffn land Iease
e Lynnhaven Ma11 Renovafion. Tax increment financing (TIF) for parking infrastructure upgrade
• Sporfspfex: Pub(ic amenity infrastructure cost sharing GIP
o Town Center Projec#: TEF for parkirtg garages and SSt3 for services and adjaaent streetscapes
• 17th S#reet Park Devefopment: Gonditional use permit granted in exchange for public amenity
use an private praperty
m 9th Sfreet Parking Garage: Long-terrn parking (ease wri#h option to purchase
? Virgirtia Beach Amphitheater. Pub(ic amenity infrastruc#ure cost sharing CIP
Poticy Report -- investmenf Partnership Incentives
December 2, 2013
DEFIN1T14NS AND Ft3CUS AREAS
Investrnent partnershlps are agreements between the Cfty (or the Development Authority) and a
private enfity, usually a developer, that may have ane or mare of the following aftributes: addresses a
specific gaal of City Councit; increase the Ctys ta7t base; further SGA and SEGA pian campl9ance;
maximize growth or development potentiai; accamplish a project that would othenuise nat be
achievable.
Strategic GrrnnrEh Areas (SGA), as defined in the 2009 Virginia Beach Comprehensive Plan, are
designed to concenfrate growth in a s#rategic and sustainable way, developing centers of employment,
living, commerce, shopping, and arts and culture. The SGAs, almost all of which are located alang fhe
City's primary transportation corridor, provide the City with an opportunity ia reshape portions af the
City irr a way that ernphasizes a`srnarter type of grow#h. SGAs recognize the imparEance of preserving
and respec#mg existing neighbarhoods, especiaEly those locafed adjacent to or in the SGAs.
Specia! Econamia Growth Areas (SEGA), as defneci in the 2009 Virginia Beach Comprehensive
Plan, are four predaminantly nonresidential areas, lacated adjacent to NAS 4ceana and in the
Interfacility Traffic Area (ITA) targeting land uses compatible with the military.
SGA and SEGA Map
2
Palicy Report - Investment Partnership lncentives
Decernber 2, 2013
INVESTiVtENT PARTNERSHIP 1NCENTlVES
As dernonstrated by the list of exis#ing ar completed investment partnerships, a successful partnership
may take a varsety of forms and require the mixing and matching of incentives. 7he follawing is a list af
typical incentives. A description of each may be faund in Appendix A:
« Annual revenue andtor fee incentive gcants
• Density bonusss
• Establishment o# a special service district {55D}
• Economlc Development lncentiva Program (EQtP) gaants '
• l.and swaps, grants, and transfers
+ Lease of City-owneef or D+avelapment Au#hoeity-owned prapeetY
• Assisted Ptan Review
• Public infrastructure, parking, and amenities
p Sustainabili#y andlor rehabilitation tax rsliaf
tNVES'TIYCEIdT PARTNERSWIP GIJIDELINES
A desirabfe project will have many, but nat necessarily all, of the following characteristies.
. Campltance with Grty Cauncil goals. City Councii has identifred a diverse {vcal econamy and
living chaices as key fQr the City's fiuture. Investmertt partnerships should be based upon the
project's abili#y ta meet Councif's goals. Other City Council goais and objectives may be
identified in the SGA Plans, the Cornprehensive P{an and the Envision 2040 Pian.
• The prnject is foca#ed within a S#rategic Growth Area or Special Econornic Growth Area
• The private sectar investsnnent is a rninimum of $30 rnillion and acts as a burilding btack
for future beneficial cleveiopment.
• The project aligns with SGAtSEGA d+asign principles,
s Proxirnify ta iight rail stations. Nfost SGAs are within 'h mile af proposed iight rail statians,
and proximity to such s#ations should encourage successful development.
b Historical finarac'ral and canstructian develapmen# integrity. A partner should have the
financial capacity and experience that suggests #he ab'rliry to complete the project.
?Generat$s jabs and supporCs target industry 8evelopmenk The Ecanomic DeveEopment
[7epartmen# has ideritified professional, scientific, technical, information, high performance
manufacfuring, and headquarter and regional businesses as targeted industries.
? Projects support pede.strian and btcycle connectivtty. Walkable streets and bicycle
amenities support the SGA goaf af walkable, safe, and connected communities.
? Qffers hausing stock var'rety. If housing is inGluded in the project, the City has a goal of
providing high-quafity and affordabte hausing ta a diverse range of households.
The projec# must alsn be financially feasible €or the City and the prirrate partner.
o iFisca[, ecQnomic, andtor soc6al benefits wilf be greater because of a public investmsnt
partnership based on a due di(igence evaluation (see Appendix B)
• A fair and reasonabie return is provided to both the private and public sector partners
• Ttre project witl not proceed, or will not proceed at a desired quality levei, °bra#/for" a public
sectar investment partnership
e Partner is wiliing #a enter in#o a Uevelopment Agreement ta aIlQCate respansibilities and risk.
3
Policy Report - lnvestment Partnership Incentives
December 2, 2013
PRt3JECT REVIE1M PROCESS
In general terms, the ptoject review process has the foliowing eighi steps:
1. The prnrate partner makes a formal request of the City to engage in an investment partnership.
!n respanse to this reques# or application, the City Manager, Deputy City Manager(s), the Gity
Attamey, and the Directars of Econamic Deveiopment, PIannPng, Finance and Management
Services, and the SGA {)ffrce, as ne+aded, have a preliminary meeting (or a seriss of ineetings)
with the prospective partner. The purpose af this meefing and review is to determine if the
project is a desirable project.
2. [f the praject meets the desirability characteristics, #hen the prospective partner may be directed
ta submit addi#ional infarmation to enabEe the City tcs evaluate, among other things, the
qualificatians o# the developer arYd the economic and fiscai impacts.
3. The City Manager w11 brief City Counci[ and request the appaintment afi Councii iiaisons far the
project.
4. The Ci#y Manager {or the City Manager designee} witl assign a Project Manager. If not
prewiacasiy compieted, the Project Manager wili undertake and complete a study af the
ecxanomic, fiscal and sociai impacts of the project, including, without limi#ation, the number af
jobs, h'Pe of jabs, salaries paid, as wel( as econQrnic, community and other impacts.
5. A 7erm Sheet may be deveioped, in concert with the City Attorney, and presented to Ciiy
Council for aoncuRence.
6. The F'rojecf Manager will undertake stakeholder inptat that is appropdate based upon the size
and scope of the project.
7. A pevelflpment Agreement is prepared with the deveiaperlpartner. Any such agreemant is
prepared under the direction and supervision of the Ci#y Attarney.
8. The Devefopment Agreement is brought before the City Council andlor Deveioprnerit Authority
for farmal approval.
PQLtCY REVIEW AND IVIODIFICATI4MS
The intraductiart nf light rail could becc>me a catalyst and incentive for future development and coufd
possibly reduce or eliminate investrnent partnership participation. While the timeframe for lighf rail or
other transit proJects is uncertain, the completian of such could fundamental(y changs developrnent
patterns. Therefare, these guidelines should be reviewed at regular intervals for pofentia( madifications
or fermination.
RECC?MNiENLtATIC?N
Staff recornmends the adoption of this policy as an amendment ta the existing "Guidelines for
Evalua#ion of Investrnen# Partnerships for Econamic [7eveiopment." The revised draft policy is attached
for review (Attachmeri# '#).
4
Poticy Report - Investment Partnership lncentives
Decernber 2, 2013
Prepared By: * ?- d
,2?x
Director of S#rate ic Growth 4ffice C?ate
1???-13
Directar of Finance Date
Reviewed for Lega{ Sufficiency:
W"- ?'J. 4?? 12 ~& - 13
Gity Attomey Date
Approved By:
J
City anager Date
5
Po(icy Report - Investment Partnership Incentives
December 2, 2013
APPENDIX A - INGENTIVE DESCRIPTIONS
• Incentive Grant(s): incentive grants are a direct cantribution of funds for a specified number of
years. The amount of the grant should bear some relationship to a portian of the direct City
revenue generated by the project. For example, reai estate, admissions, sales (local portion
only), or other locality coHected taxes couid be granted back to the developer until a financial
threshold is met. Because of state law restrictions, the granting af funds related solely to
economic development may only be provided by the Development Authority. The Economic
Development Incentive Program (ED1P) is a specific grant program that is discussed in further
detail below.
• Density Bonuses: In accordance with SGA/SEGA plans, developments requesting greater
density may ba authorized ta exceed density limits in certain circumstances One example of
such a density bonus is the Workforce Housing Zoning Ordinance in Appendix A, Article 21,
5ection 2100 af the City Code.
• Special Service Districts: When a Special Service District {SSD} is established (Virginia Code
§§15.2-2400, ef seq.), additional #axes are levied against the district's real property. SSD funds
may be used for certain statutorify pravided facifities and activities such as increased garbage
removal and disposal and public parking.
+ Economic Develapment Incentive Program (EDtP) Grants: EDiPs are one time,
reimbursement grants designed to stimulate economic grouvkh and competitively pasition
localities by promoting business development. In Virginia Beach, the Development Au#hority
administers the program with annual support from City col(ected cigarette taxes. It is designed
fo fiexibly aid with the cost of new business relocations and expansians within the City. In refurn,
new and expanding businesses generate additional direct, indirect, and induced tax revenues.
fncentive qualification is dependent upon new jab creat€on, capital investment, compatibility with
the City's Comprehensive Plan, and overall ecanomic development strategy.
• Land Swaps, Grants and Transfers: City-owned property may be sold, subdivided, made
subjeet ta a condominium regime, swapped, or otherwise leveraged to make a project feasible.
• Lease Agreemen#s: The City may lease its reak property, for a period of less than forty years,
when there is a public benefit to such lease.
• Assisted Plan Review (APR): Assisted Pian Review is a service established for projects within
the SGAs and SEGAs meeting City Council approved criteria. The APR Seevice will shepherd
developers thraugh the permitting process to aid development.
+ Public tnfrastructure, Parking and Amenities: Where public works are needed, the City may
keverage its Capital Improvement Program. Capital projects can be designated to finance
structured public parking, public amenities, new roadways, stormwater infrastructure, or
enhanced public utilities.
• Sustainabifity and Rehabititation Tax Relie# Prograrns: The City has aciap#ed a lower tax
rate for certain energy-efficient properties. The City alsa has a partial real estate tax exemption
program for substantially rehabilitated, renovated, or replaced commercial or industrial
structures. The exemption is applied to the increase in assessed value as calculated by the City
Rea( Estate Assessor resu[ting fram rehabilitation.
6
Policy Report -- lnvestment Partnership Incentives
December 2, 2013
AFPEMDtX B- DUE DILIGEMCE EVALUATION
In order far the Cify to determine fhe significance of the economic, fiscat, and social impacts of an
investment partnership, the foilQwing is a summaey of information that may be needed:
. Projecf description, casfs, project tim"rng, economic impact, and planned financing
methatfs. Conceptual descriptions measure usage and aesthetic desirability; cast estima#es
heip determine capital investments and devefopment to pubfic investment ratios; project time
tables aide in #he coardinatian of other po#ential projects and iderrtifies anticipated tax revenue
changes; econamic impact studies measure warkforce activity and potentiai synergistic benefits;
and financing methods indicate anticipated creditworthiness.
o A resume from the develaper(s) indicating development experience, financial basis, and
othec disclosures (e.g. bankruptcies and tax itens). Undersfanding the partnees financial
posi#ion may assist in de#ermining the partner's ability to exeGUte the proposed proJect.
* Feasihitity Analysis of the Project: Thls set of reports shauld form the basis for a pro-forma
evaluation. The key points incfude estimates of reuenues, costs, and cash flows. For verifcation
and credibElity, the City shouEd conduct an independent review of any studies provided by the
psrtner. Further, the City should have access to the developer's bank (or financial institution)
appraisals, epplicafiorts, and studies reiated ta the project:
- Evaluation a# feasibilityldemand studies
- Financial analyses
- Detai(ed prajec# cost estimates
- Resumes a# cantractors, engineers
- Description of major fenants, including letters Q# intenk far commercial space
- ainect and indirect fiscal and economia impacts
- Appraisal of Eand
- AbsQrption analysis
• D@SCPIptiGt'! O$ OW11B.'i'ship StCUCEtIt'e
- Principal resumes {ex}aerience and autcome)
- Developer financial statemenfs
• aources and Qescriptian of Financial CommitmenfslUses of Funds for fihe Project
- Description of the nature and terms of the obligations for a[t applicable eguity, lender
frnancing (construc#ion-refated or permanent), govemmental financing, or other #inancing
- Infarmation indicating when project funds would be used
• Pro farma Incame and Expense SchaduleslCash F1ow.
- Ten year annual based prcr farmas with assumptinns (vacancy rates and debt service)
- Prct formas witl illustrate effect with and without pubfic assistance
. Internal Ra#e of Return Anatysis
- Equity analysis assuming a 5- and 10-year holding period.
- Equity ana(yses witi demanstrate effect wiEh and without pub4ic assis#ance
• tdemfafy IR+afaults and L.itigatian
- List of any pending or threatened material litigation or administraiive proceedings against
the applicant and principa( participants
- Lis# of any material defaults for existing financing by the applicant and principafs
- List of any #ax, assessment, fee, or other simitar debt payment defau(ts
- List of any bankruptcy praceedings by fihe appiicarrt or principa4s
7
C, i71
Y.i
[
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. .i?
CITY OF VIRGINIA BEACH
AGENDA ITEM .'
ITEMS: (1) An Ordinance to Amend the City Code of the City to Create the Harbour
Point Neighborhood Dredging Special Service District, and to Levy Additional
Taxes on Real Property within the Harbour Point Neighborhood Dredging
Special Service District
(2) An Ordinance to Create Capital Project #8-504, "Harbour Point
Neighborhood Dredging" and to Transfer Funds to CIP #8-504
MEETING DATE: January 14, 2014
¦ Background: In the FY 2011-12 Budget Process, the City Council adopted a
policy for neighborhood dredging. The policy provides the purpose and the need
unuerlying the establishment of various special service districts. Benefits expected
through the establishment of a neighborhood dredging special service district include
the preservation of navigable waterways, the enhancement and improvement of storm
water capacity and water quality, the protection of public recreation areas, and the
protection of property within each service district.
As provided by the policy, the City may partner with neighborhoods wherein at least
80% of the affected property owners provide signed petitions asking for the
establishment of a special service district. As part of this agreement, the City will pay
for the dredging of the City spur channel, and the Special Service District will pay for the
neighborhood channel dredging. The City, through its Department of Public Works, has
received signed petitions from a sufficient number of the affected property owners in the
Harbour Point Area to meet the 80% threshold. The Harbour Point Area Dredging
Special Service District ("Service District") will serve 46 properties. The first dredging is
pianned in FY 2015-16, with the second and third dredging cycles expected to occur in
FY 2022-23 and FY 2029-30, respectively.
The City staff has provided the enumerated special service district levy based on the FY
2012-13 assessed values of the properties within the Service District. The staff will re-
calculate the estimated project costs at least every four years. After the completion of
the third dredging cycle and the payment of any outstanding costs associated with the
dredging, the Service District will dissolve, and the properties will no longer be subject
to the additiorial levy.
¦ Considerations: State law permits the City to establish a special service district
for the purpose of providing additional services, including dredging creeks and rivers to
maintain existing uses. A neighborhood dredging project is a partnership between the
City, the neighborhood, and the property owners. For the Harbour Point Area, the City's
obligation for the spur channel is an estimated $21,362 for the initial dredging in
FY2015-16. The neighborhood channel dredging that is provided by the Service District
is an estimated $89,333, with $30,851 expected in cumulative real estate taxes
Neighborhood Dredging SSD
Page 2 of 2
generated through year 3. Property owners have the option of providing individual
contributions to pay the costs associated with property access channel dredging;
however, these costs are not reflected in the project at this time.
The Service District is not anticipated to generate ample funding through the levy to
complete the first neighborhood channel dredging in FY 2015-16 as planned; therefore,
the City will provide an estimated $58,482 in additional funding beyond the City's
contribution for the spur channel in order to initiate the first dredging, with the Service
District repaying the City's General Fund in future years.
Using the FY2012-13 assessed values, the additional levy on the 46 properties is 7.9
cents per $100 of assessed value. This levy will provide the funding for the
neighborhood channel dredging. The effective date of the Service District will be July
1, 2014.
A second ordinance is attached. This ordinance establishes Capital Project 8-504,
"Harbour Point Neighborhood Dredging," to capture the costs associated with the
Harbour Point Neighborhood Dredging Project. A total of $21,473 is provided to the
project in FY 2013-14 design and a total of $95,269 is provided by City and SSD
sources to initiate the first dredging in FY2015-16.
Funding Sources FY 2013-
14 FY 2014-
15 FY 2015-
16 Cumulative
Total
Real Estate Tax Revenue from SSD 0 15,425 15,425 30,851
City Upfront Payment of Neighborhood
Dredging* 14,352 14,352 14,352 43,056
City Spur Channel Dredging Obligation 7,121 7,121 7,121 21,362
21,473 36,898 36,898 95,269
*to be reimbursed by SSD revenues in future years
¦ Public Information: This item has been advertised for three successive weeks
in the Beacon as is required by Virginia Code § 15.2-2400. Additionally, public
information will be provided through the normal Council agenda process.
¦ Recommendations: Approvaf of the two attached ordinances.
¦ Attachments: Ordinances (2), Map, Property List
Recommended Action: Approval
Submitting Department/Agency: Public Works ?k
City Manage . V-
, ?,
1 AN ORDINANCE TO AMEND THE CITY CODE TO CREATE
2 THE HARBOUR POINT NEIGHBORHOOD DREDGING
3 SPECIAL SERVICE DISTRICT AND TO LEVY ADDITIONAL
4 TAXES ON REAL PROPERTY WITHIN THE HARBOUR
5 POINT NEIGHBORHOOD DREDGING SPECIAL SERVICE
g DISTRICT
7
g SECTION ADDED: 35.3-11
9
10 WHEREAS, the City of Virginia Beach has received signed petitions from at least
11 80% of the residents of the Harbour Point Dredging Area waterfront property owners;
12 and
13
14 WHEREAS, the petitions provide the signers commit to the imposition of special
15 service district ("SSD") taxes and other contributions as set forth in further detail herein;
16 and
17
18 WHEREAS, the Harbour Point Area Dredging Project ("Project") includes three
19 (3) cycles of dredging; and
20
21 WHEREAS, although the SSD taxes will begin July 1, 2014, the first dredging is
22 planned for FY 2015-16, the second is planned for FY2022-23, and the third is planned
23 for FY 2029-30; and
24
25 WHEREAS, the Project is a partnership addressing related dredging activities:
26 the community channel dredging, which is supported by City contributions to the Special
27 Service District; the neighborhood channel dredging, which is supported by the levy of
28 Special Service District taxes; and the access channels, which are supported by
29 individual contributions to the Special Service District; and
30
31 WHEREAS, the rate established by this Ordinance is based on the FY2012-13
32 real estate assessed value of the subject properties; and
33
34 WHEREAS, City staff will re-calculate the estimated Project costs at a minimum
35 of every four (4) years; and
36
37 WHEREAS, the City Council of the City of Virginia Beach believes that
38 undertaking the Project is in the best interest of the public and is a reasonable exercise
39 of the City's authority to promote general welfare, including commerce and industry of
40 the City and the inhabitants thereof.
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
43 VIRGINIA BEACH, VIRGINIA:
44
45 1. That the Code of the City of Virginia Beach, Virginia, is hereby amended and
46 reordained as follows:
47
48 Section 35 3 11 Creation of the Harbour Point Area Dredqinq Special Services
49 District.
50 a. There is herebv created the Harbour Point Area Dredqinq Special Service District
51 for the purposes set forth in this chapter and those set forth in Code of Virqinia,
52 section 15.2-2403.
53 b. The boundaries of the Harbour Point Area Dredqinq Special Service District shall
54 be described in detail by the map attached to this ordinance.
55 c. The Harbour Point Area Dredginq Special Service District shall dissolve on July
56 1 2030, if not sooner.
57
58 2. There shall be levied and collected taxes for the special purpose of providing
59 neighborhood dredging on all real estate within and pursuant to the Harbour Point Area
60 Dredging Special Service District at the rate of 7.9 cents ($0.079) on each one hundred
61 dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to
62 the real estate tax rate set forth by the General Real Estate Tax Levy adopted by City
63 Council. Any deferral of such levies for elderly or disabled persons shall be subject to §
64 35.3-5.1. As set forth in Code of Virginia § 15.2-2403(6), written consent is required to
65 apply this tax rate to the full assessed value of properties subject to special use value
66 assessment. The real estate tax rate imposed herein shall be applied on the basis of
67 one hundred percentum (100%) of the fair market value of such real property except for
68 public service real property, which shall be on the basis as provided in Code of Virginia
69 § 58.1-2604.
70
71 3. The City Manager or designee is hereby authorized to enter into contracts and to
72 perform other actions consistent with this ordinance.
73
74 4. Paragraphs 1 and 3 shall be effective immediately.
75
76 5. Paragraph 2 shall be effective July 1, 2014.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2014.
Requires an affirmative vote by a majority of all of the members of City Council
APPROVED AS TO CONTENT
?
Management Services
APPROVED AS TO CONTENT:
kdks?
Pu ic APPROVED AS TO LEGAL SUFFICIENCY:
? C D4's ice
CA12820
R-2
January 2, 2014
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AN ORDINANCE TO CREATE CAPITAL PROJECT #8-504,
"HARBOUR POINT NEIGHBORHOOD DREDGING," TO
APPROPRIATE FUNDS AND TO TRANSFER FUNDS TO
CIP #8-504
WHEREAS, by separate ordinance the City Council established the Harbour
Point Neighborhood Dredging Special Service District;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, THAT:
1. Capital Improvement Project #8-504, "Harbour Point Neighborhood Dredging" is
hereby created in the FY 2013-14 Capital Improvement Program; and
2. $21,473 is hereby transferred from the General Fund Reserve for Contingencies
to Capital Project #8-504 for engineering and design work.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
.2014.
APPROVED AS TO CONTENT:
( 1
1
Management Services
APPROVED AS TO CONTENT:
Pub ic E s
APP 1,i AS TO LEGAL SUFFICIENCY:
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CA12821
R-1
December 26, 2013
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Attachment B
Neighborhood Dredging for Harbour Point
Oecember 2013
Number GPIN Address
1 2427-10-2915-0000 528 Fishermans Bend
2 2427-10-3808-0000 532 Fishermans Bend
3 2427-10-3882-0000 536 Fishermans Bend
4 2427-10-4768-0000 540 Fishermans Bend
5 2427-10-5721-0000 529 Harbour Point
6 2427-10-4518-0000 500 Lighthouse Point
7 2427-10-3633-0000 504 Lighthouse Point
g 2427-10-2659-0000 508 Lighthouse Point
9 2427-10-1764-0000 512 Lighthouse Point
10 2427-00-9960-0000 516 Lighthouse Point
2427-10-0831-0000
11 2427-00-9743-0000 517 Lighthouse Point
12 2427-10-0622-0000 513 Lighthouse Point
13 2427-10-1517-0000 509 Lighthouse Point
14 2427-10-1592-0000 505 Lighthouse Point
2427-10-1444-0000
15 2427-10-2496-0000 501 Lighthouse Point
16 2427-10-1312-0000 565 HarbourPoint
17 2427-10-0450-0000 (Lot O nly)
18 2427-00-9430-0000 (Lot Only)
19 2427-00-8468-0000 (Lot Only)
20 2427-00-8530-0000 (LOt Only)
21 2427-00-7557-0000 (Lot Only)
22 2427-11-8157-0000 509 Harbour Point
23 2427-11-7065-0000 500 Fishermans Bend
24 2427-11-6194-0000 504 Fisherm ans Bend
25 2427-11-6253-0000 508 Fishermans Bend
26 2427-11-8487-7370 401 Harbour Point Ste. 305 (Boat Slip 1)
27 2427-11-8487-6540 411 Harbour Point Ste. 301 (Boat Siip 2)
28 2427-11-8487-6502 409 Harbour Point Ste. 202 (Boat Slip 3)
29 2427-11-8487-7050 413 Harbour Point Ste. 304 (Boat Slip 4)
30 2427-11-8487-6900 419 Harbour Point Ste. 204 (Boat Slip 5)
31 2427-11-8487-7440 403 Harbour Point Ste. 104 (Boat Slip 6)
32 2427-11-8487-6530 411 Harbour Point Ste. 201 (Boat Slip 7)
33 2427-11-8487-7520 403 Harbour Point Ste. 306 (Boat Slip S)
34 2427-11-8487-6750 417 Harbour Point Ste. 104 (Boat Slip 9)
35 2427-11-8487-6910 419 Harbour Point Ste. 304 (Boat Slip 10)
36 2427-11-8487-6890 419 Harbour Point Ste. 104 (Boat Slip 11)
37 2427-11-8487-6560 411 Harbour Point Ste. 202 (Boat Slip 12)
38 2427-11-8487-6860 419 Harbour Point Ste. 103 (Boat Slip 13)
39 2427-11-8487-6880 419 Harbour Point Ste. 303 (Boat Slip 14)
40 2427-11-8487-6570 411 Harbour Point Ste. 302 (Boat Slip 15)
41 2427-11-8487-7110 415 Harbour Point Ste. 104 (Boat Slip 16)
42 2427-11-8487-7350 401 Harbour Point Ste. 105 (Boat Slip 17)
43 2427-11-8487-6493 409 Harbour Point Ste. 103 (Boat Slip 18)
44 2427-11 8487-6770 417 Harbour Point Ste. 304 (Boat Slip 19)
45 2427-11-8487-7300 401 Harbour Point Ste. 203 (Boat Slip 20)
46 2427-11-8487-6730 417 Harbour Point Ste. 203 (Boat Slip 21)
45 2427-11-8487-7300 401 Harbour Point Ste. 203 (Boat Slip 20)
46 2427-11-8487-6730 417 Harbour Point Ste. 203 (Boat Slip 21)
>
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Funds from the U. S. Department of
Homeland Security Hazardous Materials Team Equipment
MEETING DATE: January 14, 2014
¦ Background: The City was notified that the Virginia Department of Emergency
Management would be providing a grant of $22,000 in federal pass-through funding for
Haz-Mat Team Equipment. The Virginia Beach Fire Department's Hazardous Materials
Team is a member of the Southside Regional Haz-Mat Team along with the cities of
Portsmouth, NorFolk, and Chesapeake. The funding will allow the Haz Mat Team to
maintain its operational readiness for the response to and identification of unknown
substances.
¦ Considerations: This grant is awarded by the Virginia Department of
Emergency Management with funding originating from the U. S. Department of
Homeland Security's National Preparedness Directorate, FY 2013 State Homeland
Security Grant (CFDA 97.067). There is no local match required for this program. The
end of the program period is April 30, 2015, for obligation purposes, and May 30, 2015,
to complete expenditures and finalize the close out reporting process.
¦ Public Information: Public information will be coordinated through the normal
Council agenda process.
¦ Recommendation: Adopt the attached budget amendment.
¦ Attachment:Ordinance
Recommended Action: Approval
Submitting Department/Agency: Fire Department
City Manager: ?_
???
1 AN ORDINANCE TO ACCEPT AND
2 APPROPRIATE FUNDS FROM THE U. S.
3 DEPARTMENT OF HOMELAND SECURITY FOR
4 HAZARDOUS MATERIALS TEAM EQUIPMENT
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That $22,000 from the U. S. Department of Homeland Security is hereby
10 accepted and appropriated, with federal revenue increased accordingly, to the FY 2013-
11 14 Operating Budget of the Fire Department to purchase equipment for the Hazardous
12 Materials Team.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2014.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
?
APPROVED AS TO LEGAL SUFFICIENCY:
Management Services ?
CA12858
R-1
December 5, 2013
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.??CITY OF VIRGINIA BEACH
AGENDA ITEM .
ITEM: An Ordinance to Accept and Appropriate Funds from the U. S. Department of
Homeland Security for the Virginia Beach Fire Department's Heavy Tactical
Rescue Team
MEETING DATE: January 14, 2014
¦ Background: The City was notified that the Virginia Department of Emergency
Management would be providing federal pass-through funding for localities for heavy
tactical rescue team equipment, training and exercise. The Virginia Beach Fire
Department is the lead agency for the Tidewater Regional Technical Rescue Team,
which is one of the seven Regional State and Urban Search and Rescue Teams. The
funding will allow the Fire Department's Heavy Tactical Rescue Team to purchase
technical search equipment, which will increase its response capability.
¦ Considerations: This grant is awarded by the Virginia Department of
Emergency Management with funding originating from the U. S. Department of
Homeland Security's National Preparedness Directorate, FY 2013 State Homeland
Security Grant (CFDA 97.067). There is no local match required for this program. The
end of the program period is April 30, 2015, for obligation purposes, and May 30, 2015,
to complete expenditures and finalize the close out reporting process.
¦ Public Information: Public information will be coordinated through the normal
Council agenda process.
¦ Recommendation: Adopt the attached budget amendment.
¦ Attachment:Ordinance
Recommended Action: Approval
Submitting Department/Agency: Fire Department (51>_
?
City Manage • V .
?
1 AN ORDINANCE TO ACCEPT AND
2 APPROPRIATE FUNDS FROM THE U. S.
3 DEPARTMENT OF HOMELAND SECURITY FOR
4 THE VIRGINIA BEACH FIRE DEPARTMENT'S
5 HEAVY TACTICAL RESCUE TEAM
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 ViRGINIA:
9
10 That $25,000 from the U. S. Department of Homeland Security is hereby
11 accepted and appropriated, with federal revenue increased accordingly, to the FY 2013-
12 14 Operating Budget of the Fire Department to purchase technical search equipment for
13 the Heavy Tactical Rescue Team.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2014.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services
CA12859
R-1
December 5, 2013
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CITY OF VIRGINIA BEACH
AGENDA ITEM _
ITEM: An Ordinance to Appropriate Funds from the Oyster Heritage Trust Fund
MEETING DATE: January 14, 2014
¦ Background: The City of Virginia Beach has established an Oyster Heritage
Trust Fund for the purpose of collecting donations to be used for the restoration of
oyster habitat and oysters in the Lynnhaven River watershed. To date, the Oyster
Heritage Trust has received $647,980 from private donations to support this goal. In
conjunction with the Trust Fund, the Department of Planning and Community
Development has developed an Oyster Heritage Plan with the assistance of various
agencies of the Commonwealth of Virginia, the U.S. Army Corps of Engineers, NOAA,
Lynnhaven River NOW, and the Chesapeake Bay Foundation. A total of $569,405 has
been expended to date from the Trust Fund to develop and implement the plan, which
has resulted in the identification of multiple sites in the Lynnhaven River watershed for
construction and seeding of oyster reefs. These efforts began in the summer of 2002
and over 60 acres of oyster habitat have been constructed to date.
The Lynnhaven River NOW community watershed organization has developed a model
oyster shell recycling program in partnership with the City - the first of its kind in the
Commonwealth - and has initiated efforts to undertake an annual survey of oyster
populations on sanctuary reefs in the Lynnhaven River. The Lynnhaven Oyster
Restoration Project was awarded a Presidential Coastal America Award in 2009 as an
exemplary successful national habitat restoration project model and has been
recognized as the second largest oyster restoration effort in the world. This item would
appropriate funds from the Trust Fund to continue restoration efforts.
¦ Considerations: City staff has been working to develop a cost-sharing
arrangement with the Army Corps of Engineers, Lynnhaven River NOW, and the
Virginia Marine Resources Commission as part of the Oyster Heritage Plan. The
completion of previous oyster reef projects has established a sound model for continued
future oyster reef restoration efforts in the Lynnhaven watershed and has helped
reestablish a viable commercial oyster industry in the Lynnhaven. The ongoing Oyster
Heritage Plan implementation strategy represents a significant effort by the City to
continue to address restoration of the environmental quality of the Lynnhaven River
watershed and shows local commitment to achieving Virginia and federal government
objectives towards restoration of the Chesapeake Bay. This proposed oyster heritage
project links directly to a major step forward on continuing this integrated strategy, which
has been developed for environmental restoration of the Lynnhaven, by working to
prioritize efforts at restoration within those areas of the watershed that exhibit the least
severe water quality problems.
As a result of recent research, the Lynnhaven watershed has been recognized as a
prime spot for oyster restoration for the entire Chesapeake Bay because it is a trap
estuary with high salinity, had historically high populations of native oysters, and has
considerably higher oyster recruitment today than many other sites in the Chesapeake
Bay.
The current project consists of: (1) continuation of an oyster shell education and
recycling program; and (2) initiating an annual survey of oyster populations on
sanctuary reefs in the Lynnhaven. The shell recycling project has proven to be quite
successful in recovering oyster shell for construction and maintenance of oyster reef
habitat. The reef survey project will enable accurate evaluation of the success of oyster
restoration efforts on sanctuary reefs and help target limited resources for future
restoration efforts. The total cost to the City for participation in this project is $33,727.
¦ Public Information: Public information will be provided through the normal City
Council Agenda process.
¦ Recommendations: It is recommended that Council appropriate $33,727 from
the Oyster Heritage Trust Fund to the FY 2013-14 Operating Budget of the Department
of Planning and Community Development to increase oyster habitat in the Lynnhaven
River watershed, conduct the annual sanctuary reefs oyster survey, and continue the
Oyster Shell Recycling Program.
¦ Attachments: Ordinance; Lynnhaven River NOW Oyster Shell Reclamation
Project 2013 Report
Recommended Action: Approval of Ordinance
Submitting Department/Agency: Department of Planning and Community
Development
City Manage . ? `
1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE
2 OYSTER HERITAGE TRUST FUND
3
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA:
6
7 That $33,727 is hereby appropriated, with estimated revenue increased accordingly,
8 from the fund balance of the Oyster Heritage Trust Fund to the FY 2013-14 Operating
9 Budget of the Department of Planning and Community Development to increase oyster
10 habitat in the Lynnhaven River watershed, conduct the annual sanctuary reefs oyster
11 survey, and continue the Oyster Shell Recycling Program.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
.2014.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
?
Budget and Management Ser ces Cif?,?
CA12873
R-1
December 31, 2013
lynnhaven R'nrer NOW
Oyster Shell Redamativn Project
2013 Report
UNNHAVENRiverNOW
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Lynnhaven River NOW (LRNow) has administered the Save Oyster Shell project for the City of Virginia
Beach since 2008. Each year, we have successfully grown the program collecting from more restaurants,
public drop off sites, and events. This past year, January 1, 2013 - December 31, 2013, the program
grew even more.
With the funding for this project, LRNow collected oyster shelis and clam shells from restaurants, oyster
roast events and public drop off sites throughout the c'ity. We employ a driver who picks up from each
regular location at least four times per week. In addition, we work with commun'ity organizations
including civic leagues, other non-proflt organizations, and churches, to provide containers for the shells
before their event and pick up the shells after the event. We also pick up shell from four public drop-off
sites throughout the city: LRNow office in the Bayside area; Whole Foods in Hilltop; Virginia Beach
Aquarium on General Booth Boulevard, and the Landfill on lake Sears Road.
Between January 1, 2013 and December 31, 2013, we have collected 2,675 bushels of shell. We are
averaging between 200 and 250 bushels of shelis per month. Each year of the project, these numbers
have increased. We set a new monthly record of 308 bushels in July, 2013. All shells will be used to
rebuild oyster reefs in the Lynnhaven River. This program also keeps this valuable resource out of our
solid waste.
We currently have twenty active restaurants enrolled in the program and four public drop-off locations.
In addition, we worked with various commun'ity organizations to collect shells from sixteen public oyster
roast events during the past year. LRNow provides all necessary equipment to the restaurants and
events: oyster baskets, galvanized buckets for the tables, shell cans for outdoor storage, 5 gallon buckets
for the kitchens, children's menus, posters and menu stickers.
We continue to improve our outreach efforts. The Save Oyster Shell program is publicized on our
website, through our electronic newsletters and our print newsletters. We provide the participating
restaurants with posters to display in the restaurant and developed, in 2013, a new sticker for their
menus. In addition, in 2013, we began tracking not only daily bushel totals, but also totals for each
individual restaurant. We are now providing the participating restaurants with quarterly statements
documenting their shell contribution. And we were featured on Joe's Jobs on WVEC news and on the
WVEC website in 2013.
A breakdown of the expenses for January 1, 2013 through December 31, 2013 follows:
(I am basing estimated expenses for December, 2013, on actual November, 2013 expenses and will
make adjustments as needed in 2014)
Drivers and mileage $16,614.46
Supplies and Equipment $ 2,850.00
Administration, Advertising and Insurance $13,262.00
TOTAL $ 32,726.46
? Recycled A
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FsC ..
1608 Pleasure Houae Rood, Suite Io8, Virginia Beach, VA 23455 www.lynnhavenrivernow.org 757•962- 5398
We intend to continue this project through 2014 with the understanding that we will be reimbursed at
the end of the year for expenses equivalent to the 2013 expenses. We are excited about upcoming
oyster restoration projects that will utilize this shell. Shell for oyster restoration work is a rapidly
declining commodity. This program provides us with the opportunity to collect shell that can go into
restoration work, not in our landfill, as well as educate the public on the value of oyster habitat In
addition, it is an important component of the new Lynnhaven Aquacuhure Center opening next year.
Thank you for supporting this important program.
K. PLANNING
1. Applications for Nonconforming Uses:
a. BARBARA T. GRANT re an enlargement to replace an existing structure at 308 45th Street
DISTRICT 6 - BEACH
b. WAI'NE BEAGLE re an enlargement to add dormers to the roof at 103 Ash Avenue
DISTRICT 5 - LYNNHAVEN
c. ERIK HOMES, LLC re reconstruction and enlargement of existing structures:
(1) 215 51 St Street - two new single-family dwellings
(2) 316 34th Street - three new townhouses fronting on 34th Street
DISTRICT 6 - BEACH
2. Application of CAPE HENRY COLLEGIATE SCHOOL for a Modification of a Conditional
Use Permit (approved May 23, 2000 and modified on December 14, 2012) to allow an increase
in the height of the lighting for Field No. 1 at 1320 Mill Dam Road
DISTRICT 5 - LYNNHAVEN
3. Applications of OUTDOOR VENTURES - VIRGINIA BEACH, LLC,
DISTRICT 6 - BEACH:
a. Change of Zoning from Conditional I-1 Industrial to P-1 Preservation at South Birdneck
and Bells Road
b. Conditional Use Permit re outdoor recreational and amusement facilities at 717 and 801
General Booth Boulevard
4. Applications of the CITY OF VIRGINIA BEACH to:
a. ALLOW Antique Shops within buildings listed on the Virginia Beach Historical Register as
a Conditional Use in the AG-1 and AG2 Agricultural Districts
b. AMEND Section 111 (`Definitions') of the City Zoning Ordinance (CZO) re dwellings
AMEND Section 201 of the City Zoning Ordinance (CZO) re yards to allow existing
structures located in a required yard to be raised for flood protection
d. AMEND the Comprehensive Plan re the Urban Forest Management Plan providing for
policy guidance, goals and objectives to protect and enhance the Urban Forest and
REVISING the Policy Document.
u
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property
Located at 308 45t" Street and Owned by BARBARA T. GRANT. (GPIN
2418867918). BEACH DISTRICT
MEETING DATE: January 14, 2014
¦ Background:
The subject site is zoned R-7.5 Residential and is situated on the southeast
corner of 45th Street and the Cavalier Walk. The site is occupied by a two-story
single-family dwelling and a garage apartment, both of which were constructed
sometime in the 1950s as permitted uses. Garage apartments were deleted from
the Zoning Ordinance as a permitted use in 1985. When that use was deleted
from the Zoning Ordinance, the two dwellings on the lot became nonconforming,
as the R-7.5 Residential District permits only one single-family dwelling on a lot.
Section 105(b) notes that it is the intent of the Zoning Ordinance to allow
nonconformities to continue until they are removed, but not to allow them to
become enlarged, expanded, extended, or relocated "except upon a resolution of
the City Council authorizing such conversion, based upon its finding that the
proposed use is equally appropriate or more appropriate to the district than is the
existing nonconforming use."
¦ Considerations:
The applicant proposes to expand the single-family dwelling by constructing a
new sunroom in place of the existing 21' x 12.5' first-floor sunroom, located on
the south side of the house, and constructing a new second-floor living space
above the sunroom within the same footprint. The proposed exterior building
materials consist of brick, cedar shake shingles, composition fiberboard trim,
fiberglass half-columns (framing the exterior corners of the sunroom), double-
hung windows, and fiberglass asphalt roof shingles. The materials match those
found on the existing house. The proposed construction will result in an increase
of 262.5 square feet of floor area. As noted above, since the current use of the
site is nonconforming, the proposed expansion of the second-floor of the house
cannot occur without authorization of the City Council as provided for by Section
105.
¦ Recommendations:
Staff finds that the proposed addition is minor in its scope, but will result in a
high-quality enhancement to the house that is compatible with regard to exterior
BARBARA GRANT
Page 2 of 2
materials and architectural style. In sum, staff concludes that the proposed
enlargement is reasonable, will have a minimal impact, and will maintain the use
as being as appropriate to the district as the existing non-conforming use. The
request, therefore, is acceptable with the conditions below.
The proposed addition shall be substantially as shown on the submitted
elevation and detail drawings, entitled "Grant Residence Renovation and
Addition, 308 45th Street, Virginia Beach, Virginia," Sheets A3 and A4,
prepared by Reich Design Associates, and dated 5/13/13. Said plans have
been exhibited to the City of Virginia Beach City Council and are on file in
the Planning Department.
2. All required permits for the proposed renovation and addition shall be
obtained from the Planning Department / Permit and Inspections Division.
¦ Attachments:
Staff Review and Disclosure Statement
Resolution
Location Map
Recommended Action: Approval.
Submitting DepartmentlAgency: Planning Department
City Manager: ?" ' ??
BEACX
January 14, 1014 City Council
Hearing
APPLICANT AND PROPERTY
OWNER:
BARBARA T.
GRANT
Expansion of Non-conrormlng use
REQUEST:
Enlarqement of a Nonconforminq Use
ADDRESS / DESCRIPTION: 308 45'" Street
STAFF PLANNER: Stephen J. White
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24188679180000 BEACH 10,434.30 square 65 - 70 d6 DNL (Sub
feet Area 1)
BACKGROUND / DETAILS OF PROPOSAL
The subject site is zoned R-7.5 Residential and is situated on the southeast corner of 45th Street and the
Cavalier Walk. The site is occupied by a two-story single-family dwelling and a garage apartment, both of
which were constructed sometime in the 1950s as permitted uses. Garage apartments were deleted from
the Zoning Ordinance as a permitted use in 1985. When that use was deleted from the Zoning Ordinance,
the finro dwellings on the lot became nonconforming, as the R-7.5 Residential District permits only one
single-family dwelling on a lot. Section 105(b) notes that it is the intent of the Zoning Ordinance to allow
nonconformities to continue until they are removed, but not to allow them to become enlarged, expanded,
extended, or relocated "except upon a resolution of the City Council authorizing such conversion, based
upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the
existing nonconforming use."
The applicant proposes to expand the single-family dwelling by constructing a new sunroom in place of
the existing 21' x 12.5' first-floor sunroom, located on the south side of the house, and constructing a new
second-floor living space above the sunroom within the same footprint. The proposed exterior building
BARBARA T. GRANT
JANUARY 14, 2014 CITY COUNCIL HEARING
Page 1
materials consist of brick, cedar shake shingles, composition fiberboard trim, fiberglass half-columns
(framing the exterior corners of the sunroom), double-hung windows, and fiberglass asphalt roof shingles.
The materials match those found on the existing house. The proposed construction will result in an
increase of 262.5 square feet of floor area. As noted above, since the current use of the site is
nonconforming, the proposed expansion of the second-floor of the house cannot occur without
authorization of the City Council as provided for by Section 105.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Single-family dwelling and garage apartment.
SURROUNDING LAND North: . 45t" Street
USE AND ZONING: . Single-family Dwellings / R-7.5 Residential District
South: . Alley
• Single-family Dwellings / R-7.5 Residential District
East: . Duplex Dwelling / R-7.5 Residential District
West: • Cavalier Walk
• Single-family home with Garage Apartment / R-7.5
Residential District
IMPACT ON CITY SERVICES
There will be no additional impact on City services as a result of the proposed expansion than the current
service impact.
EVALUATION AND RECOMMENDATION
The existing single-family dwelling and garage apartment constitute nonconforming uses, as the lot is
zoned R-7.5 Residential, which allows only one single-family dwelling per lot. Section 105(b) notes that it
is the intent of the Zoning Ordinance to allow nonconformities to continue until they are removed, but not
to allow them to become enlarged, expanded, extended, or relocated "except upon a resolution of the City
Council authorizing such conversion, based upon its finding that the proposed use is equally appropriate
or more appropriate to the district than is the existing nonconforming use." Accordingly, the applicant's
proposal to construct a 262.5 square foot addition above an existing sunroom space cannot proceed
without the approval of City Council.
BARBARA T. GRANT
JANUARY 14, 2014 CITY COUNCIL HEARING
Page 2
Staff finds that the proposed addition is minor in its scope, but will result in a high-quality enhancement to
the house that is compatible with regard to exterior materials and architectural style. In sum, staff
concludes that the proposed enlargement is reasonable, will have a minimal impact, and will maintain the
use as being as appropriate to the district as the existing non-conforming use. The request, therefore, is
acceptable with the conditions below.
CONDITIONS
1. The proposed addition shall be substantially as shown on the submitted elevation and detail
drawings, entitled "Grant Residence Renovation and Addition, 308 45th Street, Virginia
Beach, Virginia," Sheets A3 and A4, prepared by Reich Design Associates, and dated
5/13/13. Said plans have been exhibited to the City of Virginia Beach City Council and are on
file in the Planning Department.
2. All required permits for the proposed renovation and addition shall be obtained from the
Planning Department / Permit and Inspections Division.
NOTE: Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any site p/an 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
application are valid or any structures may be occupied.
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.
BARBARA T. GRANT
JANUARY 14, 2014 CITY COUNCIL HEARING
Page 3
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AERIAL PHOTOGRAPH OF SITE
AND SURROUNDING AREA
;
JANUARY 14, 2014 CITY COUNCIL HEARWI
Page
I T OUR NpT'..?.?.
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PROPERTY SHOWN HEREON APPEARS TO FALL INSIDE ZONE: X AS SHOWN ON THE F.E.M.A.
OD INSURANCE RATE MAP FOR THE CITY OF VIRGINIA 9EACH, COMMUNITY PANEL #515531-0126 F.
i SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW
' AND/OR ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID PROPERTY AS SHOWN.
1: 2418-86-7918
COVERAGE: 2835.5 S.F (27.2%)
AREA: 10,434.3 S.F.
IED: R-7.5 0
J
1.85' Vl ZO, ALLLY ITFMLt P?E1F'N1
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204.60'(P) S 76'11'58" 75.00' GRA'rtl
75. ' ciN( Jq ??- - C Jvc wu 5,-, ~ pw(F; .
ARBCR 65.8.
i STOtY
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SUBJECT LOT
BARBARA T. GRAN
JANUARY 14, 2014 CITY COUNCIL HEARIN,
Page
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SUBMITTED BUILDING ELEVATION
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JANUARY 14, 2014 CITY COUNCIL HEARIN
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JANUARY 14, 2014 C
COUNCIL HEARIN,
Page
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• Zoning wilh ConditionsiProlfers, Open Space Promolion
Fxpansron or roon-conrorming vse
ZONING HISTORY
# DATE REQUEST AC TION
1 06/11/2002 Chan e to a Nonconformin Use A roved
2 01/09/2007 Chan e to a Nonconformin Use A roved
JANUARY 14, 2014 CITY COUNCIL HEARIN,
Page
L??F GUR NwO_L
APPLICANT DISCLOSURE
If the appiicant is a corporation, partnership, firm, business, or other unincorporated
organization, comp(ete the following:
1. List the applicant 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
refationship with the applicant: (Attach list if necessary)
0¦ 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 organiiation, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach lisf if necessary)
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
E Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& See next page for footnofes
Qoes 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
BARBARA T. GRANT
JANUARY 14, 2014 CITY COUNCIL HEARING
Page 9
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 fist if necessary)
Reich Design Associates, PLC
Gallup Surveyors & Engineers, Ltd.
Sykes, Bourdon, Ahern & Levy, P.C.
Steve Paland, Contractor
'"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 Locat 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 controlting 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 beiween the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person ar 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: 1 certify that the information contained herein is true and accurate.
1 understand that, upon receipt of notification (postcard) that the application has been scheduled for
public h ing, I am responsible for obtaining and posting the required sign on the subject property at
least da prior to the scheduled public hearing according to the instructions in this package. The
und signed !so consents to entry upon the subject property by employees of the DepaRment of
Pla ning to p otograph and view the site fp;jawposes of processing and evaluating this application.
Signature
Barbara T. Grant
Print Name
Property Owners Signature (if different than applicant) Print IVame
DISCLOSURE STATEMENT
BARBARA T. GRANT
JANUARY 14, 2014 CITY COUNCIL HEARING
Page 10
1 A RESOLUTION AUTHORIZING THE
2 ENLARGEMENT OF A NONCONFORMING USE
3 ON PROPERTY LOCATED AT 308 45T" STREET
4
5 WHEREAS, Barbara Grant (hereinafter the "Applicant") has made application to
6 the City Council for authorization to enlarge a nonconforming use located at 308 45t"
7 Street in the R-7.5 Residential Zoning District by enlarging the single-family dwelling on
8 the parcel; and
9
10 WHEREAS, there are a single-family dwelling and a garage apartment located
11 on the parcel, which is not currently allowed in the R-7.5 Zoning District, however, the
12 two (2) dwellings were built prior to the adoption of the applicable zoning regulations
13 and are therefore nonconforming; and
14
15 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
16 enlargement of a nonconforming use is unlawful in the absence of a resolution of the
17 City Council authorizing such action upon a finding that the proposed use, as enlarged,
18 will be equally appropriate or more appropriate to the zoning district than is the existing
19 use;
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23
24 That the City Council hereby finds that the proposed use, as enlarged, will be
25 equally appropriate to the district as is the existing nonconforming use under the
26 conditions of approval set forth hereinbelow.
27
28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
29 BEACH, VIRGINIA:
30
31 That the enlargement of the nonconforming use is hereby authorized, upon the
32 following conditions:
33
34 1. The proposed addition shall be substantially as shown on the submitted elevation
35 and detail drawings, entitled "Grant Residence Renovation and Addition, 308 45tn
36 Street, Virginia Beach, Virginia," Sheets A3 and A4, prepared by Reich Design
37 Associates, and dated 5/13/13. Said plans have been exhibited to the City of
38 Virginia Beach City Council and are on file in the Planning Department.
39
40 2. All required permits for the proposed renovation and addition shall be obtained
41 from the Planning Department / Permit and Inspections Division.
42
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2014.
APPROVED AS TO CONTENT:
Planning D partment
CA12847
R-1
December 17, 2013
APPROVED AS TO LEGAL SUFFICIENCY:
mmftj,
(i)IIAIM
City Attorney's Office
4ti? f,
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property
Located at 103 Ash Avenue and Owned by Wayne Beagle. LYNNHAVEN
DISTRICT
MEETING DATE: January 14, 2014
¦ Background:
The subject site is currently occupied by a six-unit apartment building, which was
constructed in 1950, predating the adoption of the first zoning ordinance. The
property is zoned R-5D Residential, which does not permit multi-family dwelling
units. Accordingly, the existing use of the parcel for a six-unit apartment building
is a nonconforming use, as provided for by Section 105 of the City Zoning
Ordinance. Section 105(b) notes that it is the intent of the Zoning Ordinance to
allow nonconformities to continue until they are removed, but not to allow them to
become enlarged, expanded, extended, or relocated "except upon a resolution of
the City Council authorizing such conversion, based upon its finding that the
proposed use is equally appropriate or more appropriate to the district than is the
existing nonconforming use."
The roof of the existing building is in need of repair and replacement. The
applicant requests that, while in the process or repairing the roof, he be allowed
to add dormers to the roof for the purpose of improving the appearance of the
building. Due to the nonconforming status of the use, however, its enlargement of
by the addition of the dormers to the structure requires City Council's approval.
¦ Considerations:
The proposed work to the structure includes replacing existing roof shingles,
replacing a portion of an existing metal roof, and removing and replacing roof
sheathing as necessary. The work will also include the addition of three gable
dormers on both the east and west sides of the building. The submitted elevation
drawing shows a dormer located at the centerline of the roof, with dormers
evenly spaced to each side of the central dormer. The proposed dormers are
being added only to improve the appearance of the building. The interior livable
floor area will not increase as a result of the addition of the dormers.
WAYNE BEAGLE
Page 2 of 2
¦ Recommendations:
Staff concludes that the proposed enlargement through the proposed dormer
additions are reasonable, will have a minimal impact, and will be as appropriate
to the district as is the existing non-conforming use. The request, therefore, is
acceptable with the conditions below.
1. The proposed dormers shall be located as shown on the submitted
elevation drawing, prepared by the applicant, Wayne Beagle. Said
elevation drawing has been exhibited to the City of Virginia Beach City
Council and is on file in the Planning Department.
2. All required permits for the proposed renovations and additions shall be
obtained from the Planning Department/ Permit and Inspections Division.
¦ Attachments:
Staff Review and Disclosure Statement
Resolution
Location Map
Recommended Action: Approval.
Submitting DepartmentlAgency: Planning Department
City Manager: ?_ ? `- ?
wayne iseagie
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January 14, 2014 City Council
Hearing
APPLICANT AND PROPERTY
OWNER:
WAYNE BEAGLE
STAFF PLANNER: Kevin Kemp
REQUEST:
Enlaraement of a Nonconformina Use
ADDRESS / DESCRIPTION: 103 Ash Avenue
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14779451230000 LYNNHAVEN 15,000 square feet Less than 65 d6 DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant is requesting a minor enlargement of a nonconforming use in order to repair and make
improvements to the roof of an existing six-unit apartment building. The building was constructed in 1950,
predating the adoption of the Zoning Ordinance. The property is zoned R-5D Residential, which does not
permit multi-family dwelling units. Accordingly, the existing use of the parcel for a six-unit apartment
building is a nonconforming use, as provided for by Section 105 of the City Zoning Ordinance. Section
105(b) notes that it is the intent of the Zoning Ordinance to allow nonconformities to continue until they
are removed, but not to allow them to become enlarged, expanded, extended, or relocated "except upon
a resolution of the City Council authorizing such conversion, based upon its finding that the proposed use
is equally appropriate or more appropriate to the district than is the existing nonconforming use."
The proposed modifications to the structure include replacing existing roof shingles, replacing a portion of
an existing metal roof, and removing and replacing roof sheathing as necessary. The applicant also
wishes to add three gable dormers on both the east and west sides of the building. The submitted
elevation drawing shows a dormer located at the centerline of the roof, with dormers evenly spaced to
WAYNE BEAGLE
JANUARY 14, 2014 CITY COUNCIL HEARING
Page 1
each side of the central dormer. The proposed dormers are being added only to improve the appearance
of the building. The interior livable floor area will not increase as a result of the addition of the dormers.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Multi-family dwelling with six units.
SURROUNDING LAND North: . Duplex dwelling / R-5D Residential District
USE AND ZONING: South: . Southern Boulevard
• Single-family homes / R-5D Residential District
East: . Ash Avenue
• Apartment Buildings / A-18 Apartment District
West: . Single-family homes / R-5D Residential District
NATURAL RESOURCE AND The majority of the site is developed with a multi-family dwelling and
CULTURAL FEATURES: paved parking area. There do not appear to be any natural resource
or cultural features associated with the site. The site is located in the
Chesapeake Bay Watershed.
IMPACT ON CITY SERVICES
There will be no impact to City services beyond the current impacts from the existing dwelling as a result
of this proposal.
EVALUATION AND RECOMMENDATION
The site contains a one-story, six-unit apartment building. The property has continually been used in this
capacity since the construction of the building in 1950, before the adoption of a zoning ordinance. The
property is zoned R-5D Residential, which does not permit multi-family dwelling units. The existing six-unit
apartment building, therefore, constitutes a nonconforming use (Section 105 of the City Zoning
Ordinance). Section 105(b) notes that it is the intent of the Zoning Ordinance to allow nonconformities to
continue until they are removed, but not to allow then to become enlarged, expanded, extended, or
relocated "except upon a resolution of the City Council authorizing such conversion, based upon its
finding that the proposed use is equally appropriate or more appropriate to the district than is the existing
WAYNE BEAGLE
JANUARY 14, 2014 CITY COUNCIL HEARING
Page 2
nonconforming use." Accordingly, the addition of six dormers on the east and west sides of the roof
cannot proceed without the approval of City Council.
The proposed dormers will not add any living space to the building and will not extend outside of the
footprint of the existing structure. The proposed enlargement is reasonable, will have a minimal impact,
and will maintain the use as being as appropriate to the district as the existing non-conforming use. The
request, therefore, is acceptable with the conditions below.
CONDITIONS
1. The proposed dormers shall be located as shown on the submitted elevation drawing, prepared
by the applicant, Wayne Beagle. Said elevation drawing has been exhibited to the City of Virginia
Beach City Council and is on file in the Planning Department.
2. All required permits for the proposed renovations and additions shall be obtained from the
Planning Department/ Permit and Inspections Division.
NOTE: Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any site p/an submitted with this application may require revision
during detailed site plan review to meet all applicab/e City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of P/anning /
Development Services Center and Department of P/anning / Permits and Inspections Division, and
the issuance of a Certificate of Occupancy, are required before any uses allowed by this
application are valid or any structures may be occupied.
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.
WAYNE BEAGLE
JANUARY 14, 2014 CITY COUNCIL HEARING
Page 3
m
AERIALPHOTOGRAPH SHOWING
LOCATION OF SITE AND SURROUNDING AREA
WAYNE BEAGL
JANUARY 14, 2014 CITY COUNCIL HEARIN
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JANUARY 14, 2014 CITY COUNCIL HEARIN
Page
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JANUARY 14, 2014 CITY COUNCIL HEARWI
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COUNCIL HEARIN
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JANUARY 14, 2014 CITY COUNCIL HEARIN
Page
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• Zoning wiih CondirionsiPro//ers, Open Space Aromotion Non-Conforming Use
ZONING HISTORY
# DATE REQUEST ACTION
1 04/29/1997 Conditional Use Permit Nursin Home A roved
2 08/27/1984 Conditional Use Permit Beaut Salon A roved
3 10/10/1983 Chan e of Zonin B-2 to A-2 A roved
4 05/17/1982 Subdivision Variance A roved
5 08/12/1968 Conditional Use Permit Denied
JANUARY 14, 2014 CITY COUNCIL HEARIN,
Page
III ? ` F OUR NPS * ?(
Y?
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, fnn, 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)
r
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
1416 /A-
[B''Gh-eck here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this secfion on/y rf property owner is different from applicanf.
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 lisf if necessary)
h/ A
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
If yes, what is the name of the official or employee and the nature of their interest?
DISCLOSURE STATEMENT
WAYNE BEAGLE
JANUARY 14, 2014 CITY COUNCIL HEARING
Page 10
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:,(Attac list if necessary) .
,
?i F? fi r-? ) v r
»
'"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 othervvise a close working retationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
22-3101.
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
pubiic 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.
Applicant's Signature
/t,f A.
Property Owner's Signature (' different than applicant) Print Name
1
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DISCLOSURE STATEMENT
WAYNE BEAGLE
JANUARY 14, 2014 CITY COUNCIL HEARING
Page 11
1 A RESOLUTION AUTHORIZING THE
2 ENLARGEMENT OF A NONCONFORMING USE
3 ON PROPERTY LOCATED AT 103 ASH
4 AVENUE
5
6 WHEREAS, Wayne Beagle (hereinafter the "Applicant") has made application to
7 the City Council for authorization to enlarge a nonconforming use located at 103 Ash
8 Avenue in the R-5D Residential Zoning District by enlarging the multi-family dwelling on
9 the parcel; and
10
11 WHEREAS, there is located on the parcel a multi-family dwelling, which is not
12 currently allowed in the R-5D Zoning District, however, the multi-family dwelling was
13 built prior to the adoption of the applicable zoning regulations and is therefore
14 nonconforming; and
15
16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
17 enlargement of a nonconforming use is unlawful in the absence of a resolution of the
18 City Council authorizing such action upon a finding that the proposed use, as enlarged,
19 will be equally appropriate or more appropriate to the zoning district than is the existing
20 use;
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That the City Council hereby finds that the proposed use, as enlarged, will be
26 equally appropriate to the district as is the existing nonconforming use under the
27 conditions of approval set forth hereinbelow.
28
29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
30 BEACH, VIRGINIA:
31
32 That the enlargement of the nonconforming use is hereby authorized, upon the
33 following conditions:
34
35 1. The proposed dormers shall be located as shown on the submitted elevation
36 drawing, prepared by the applicant, Wayne Beagle. Said elevation drawing has
37 been exhibited to the City of Virginia Beach City Council and is on file in the
38 Planning Department.
39
40 2. All required permits for the proposed renovations and additions shall be obtained
41 from the Planning Department/ Permit and Inspections Division.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
A) (jima /1) krtmz.
City Attorney's Office
CA12857
R-1
December 17, 2013
4•?E°? a a...;,1`f.t
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Authorizing the Reconstruction and Enlargement of a
Nonconforming Use Located at 215 51St Street and Owned by Erik
Homes LLC. BEACH DISTRICT.
MEETING DATE: January 14, 2014
¦ Background:
The subject site is zoned R-5R Residential and is currently occupied by a 1'/2-
story house situated 23 feet from the front lot line at 51st Street and a 2-story
garage apartment situated in the northwest corner of the lot, 9 feet from the rear
(north) lot line and 4.92 feet from the side (west) lot line. The existing structures
were built in 1940, when there was no zoning ordinance in Princess Anne County
or the Town of Virginia Beach. The current City Zoning Ordinance does not
permit more than one single-family or duplex dwelling to be built on one lot within
the R-5R Resort Residential District. Accordingly, the two single-family dwellings
on one lot are nonconforming uses, as provided for by Section 105 of the City
Zoning Ordinance.
Section 105 of the City Zoning Ordinance regulates nonconforming uses and
structures. Section 105(b) states that it is the intent of the Zoning Ordinance to
allow nonconformities to continue until they are removed, but not to allow them to
become enlarged, expanded, extended, or relocated "except upon a resolution of
the City Council authorizing such conversion, based upon its finding that the
proposed use is equally appropriate or more appropriate to the district than is the
existing nonconforming use."
¦ Considerations:
The applicant requests permission to demolish the two existing single-family
dwellings located on the subject lot, followed by the construction of two new
single-family dwellings. The attached staff report provides details pertaining to
the differences between the dimensional attributes of the existing and proposed
structures as well as the architectural design of the proposed townhouses.
The Comprehensive Plan recommendations for this portion of the Suburban Area
emphasize the use of "Best Management Practices" for stormwater control,
porous materials for driveways and walkways in an effort to achieve a net
reduction of impervious coverage, and attractive and high quality materials that
ERIK HOMES - 51St STREET
Page2of3
are capable of withstanding severe weather events. The proposed use and
development of this site meets all of these recommendations with the exception
of stormwater management.
While the total impervious surFace will be increasing by 17 percent, the applicant
has agreed to preserve 5 of the existing 12 trees on site. Of the 7 trees that will
be removed, 5 trees are of unknown species and are covered in vines, and 2 of
the trees are located either in the proposed building footprint or driveway area.
The applicant proposes to install over 1,824 square feet of permeable pavers, as
well as plant 15 Tuscan cypress trees and pampas grass to assist in the
absorption and filtering of stormwater.
¦ Recommendations:
Staff concludes that the proposed reconstruction and enlargement of the existing
nonconforming use is reasonable and will be as appropriate to the zoning district
as is the existing nonconforming use. The request, therefore, is acceptable as
submitted, subject to the conditions below.
1. The site shall be developed substantially in accordance with the
submitted conceptual site plan entitled "215 51 St Street Conceptual Site
Plan," dated December 10, 2013, and prepared by Land Planning
Solutions. Said plan has been exhibited to the Virginia Beach City
Council and is on file in the Planning Department.
2. The proposed dwelling shall be constructed substantially in
accordance with the submitted building elevations. Said elevations
have been exhibited to the Virginia Beach City Council and are on file
in the Planning Department.
3. Exterior building materials shall substantially conform to the submitted
document entitled, "STANDARDS 51St Street Villas." Said building
materials primarily consist of masonry, stucco finish, mahogany trim,
pervious cobblestone, pervious pavers, operable shutters, cedar
fencing, and `lifetime-grade' architectural shingles.
4. Trees on the site shall be persevered substantially in accordance to
the submitted plan entitled "Tree Preservation Plan," dated 12-13-
2013. Said plan has been exhibited to the Virginia Beach City Council
and is on file in the Planning Department.
5. The minimum width of the driveway shall be 12 feet, as measured at
the property line.
ERIK HOMES - 51St STREET
Page 3 of 3
¦ Attachments:
Staff Review and
Resolution
Location Map
Disclosure Statement
Recommended Action: Approval.
Submitting DepartmentlAgency: Planning Department
.
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Non-Conlorming Usi
REQUEST:
Reconstruction and Enlarqement of a Nonconforminq Use
ADDRESS / DESCRIPTION: 215 51st Street
January 14, 2014
City Council Hearing
APPLICANT AND
PROPERTY OWNER:
ERIK HOMES,
L.L.C.
51St STREET
STAFF PLANNER: Kristine Gay
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24188900200000 BEACH 7,420 square feet 65 -70 d6 DNL
Sub Area 3
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests permission to demolish the two existing single-family dwellings located on the
subject lot, followed by the construction of two new single-family dwellings. The existing dwellings were
built in 1940, when there was no zoning ordinance in Princess Anne County or the Town of Virginia
Beach. The current City Zoning Ordinance does not permit more than one single-family or duplex dwelling
to be built on one lot within the R-5R Resort Residential District. Accordingly, the two single-family
dwellings on one lot are nonconforming uses, as provided for by Section 105 of the City Zoning
Ordinance.
The existing dwellings on the lot consist of a 1%z-story house situated 23 feet from the front lot line at 51St
Street and a 2-story garage apartment situated in the northwest corner of the lot, 9 feet from the rear
(north) lot line and 4.92 feet from the side (west) lot line. Both structures are accessed via a shared
driveway along the east lot line. The finro dwellings have the following dimensional attributes:
ERIK HOMES, L.L.C. / 51St STREET
JANUARY 14, 2014 CITY COUNCIL HEARING
Page 1
The two proposed dwellings will be 2'/z-story single-family houses. The dwelling located nearest to 51S`
Street (Dwelling A - `Main House') will have a footprint of 35 feet x 38 feet. The dwelling located nearest
to the rear lot line (Dwelling B-`Cottage') will have a footprint of 35 feet x 35 feet. The facades of the
proposed dwellings will be as shown in the elevations submitted with this application, which are included
at the end of this report. Dwellings will be placed on the lot as shown by the submitted conceptual site
plan, which is included at the end of this report. The dimensional attributes of the proposed dwellings are
provided in the table below.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: The site is occupied by a single-family dwelling and a garage apartment,
constructed in 1940. The site is zoned R-5R Residential Resort.
SURROUNDING LAND North: . Single-family dwelling / R-5R Residential District
USE AND ZONING: South: • 51St Street
Duplex dwelling / R-5R Residential District
East: . Single-family dwelling / R-5R Residential District
West: . Duplex dwelling / R-5R Residential District
ERIK HOMES, L.L.C. / 51St STREET
JANUARY 14, 2014 CITY COUNCIL HEARING
Page 2
The applicant has proposed the use of permeable pavers for the shared driveway, which will extend along
the west lot line. Cobble-stone will partially edge the driveway and dwellings. Each dwelling unit will have
one outdoor dedicated parking space and one garage dedicated parking space. There are currently 12
trees located on this site, many of which are mature hollies and pines. The applicant has proposed to
preserve 1 holly, 3 pines, and 1 tree (unidentified species).
NATURAL RESOURCE AND There are no known significant cultural features associated with this
CULTURAL FEATURES: site. There are 12 trees are located on this site, including mature
hollies and pines.
COMPREHENSIVE PLAN: The subject site is located in Suburban Focus Area 7- North Beach.
Recommendations for this area include the use of porous materials as well as attractive and high-quality
weather-resistant materials. Parcel consolidation and density stabilization are also recommended.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Access to
this site is proposed from 515' Street. 51s' Street is a finro-lane local street with a forty-foot (40') right-of-way
width. This roadway is not included in the City's Master Transportation Plan, and there are currently no
CIP projects scheduled for either street.
PUBLIC WORKS/TRAFFIC ENGINEERING:
The maximum width of the driveway along 515t Street must be 12 feet, measured at the property line.
A five-foot (6) right-of-way dedication is requested along 51St Street adjacent to the full width of the
property. Such dedication will provide for a future 50-foot minimum right-of-way width in accordance with
the City of Virginia Beach Public Works Standards.
TRAFFIC: Street Name Present
Volume present Capacity Generated Traffic
51S Street No counts 91900 ADT Existing Land Use - 20 ADT
available Proposed Land Use 3- 20 ADT
ADT'
Average Daily Trips
Z as defined by 2 single-family dwellings
3 as defined b 2 sin le-famil dwellin s
EVALUATION AND RECOMMENDATION
The proposed demolition of the existing single-family dwelling and garage apartment and subsequent
construction of two single-family dwellings is consistent with the land use policies of the Comprehensive
Plan and Suburban Focus Area 7- North Beach. The type of redevelopment proposed for the site is
consistent with the goal of "density stability" of the north Beach Suburban Focus Area, in that the
construction of single-family homes is preferable to the construction of duplex dwelling, which is permitted
ERIK HOMES, L.L.C. / 51St STREET
JANUARY 14, 2014 CITY COUNCIL HEARING
Page 3
by-right without any subdivision of the lot. The North End Civic League supports the request, and a letter
to that affect is in the file.
The redevelopment as proposed also supports the broader Suburban Area goal of neighborhood
preservation, given that the proposed single-family homes would be more in keeping with the character of
the neighborhood than would a duplex. The applicant has also revised the proposed footprints and
elevations to provide a smaller rear unit with architectural treatment that will help distinguish it from the
principal dwelling located nearest to 51S' Street.
While the total impervious surface will be increasing by 17 percent, the applicant has agreed to preserve
5 of the existing 12 trees on site. Of the 7 trees that will be removed, 5 trees are of unknown species and
are covered in vines, and 2 of the trees are located either in the proposed building footprint or driveway
area. The applicant proposes to install over 1,824 square feet of permeable pavers, as well as plant 15
Tuscan cypress trees and pampas grass to assist in the absorption and filtering of stormwater.
In sum, staff concludes that the proposed reconstruction and enlargement of a nonconforming use is
reasonable, will have a minimal impact, and will be as appropriate to the district as is the existing non-
conforming use. The request, therefore, is acceptable with the conditions below.
CONDITIONS
1. The site shall be developed substantially in accordance with the submitted conceptual site plan
entitled "215 51St Street Conceptual Site Plan," dated December 10, 2013, and prepared by Land
Planning Solutions. Said plan has been exhibited to the Virginia Beach City Council and is on file
in the Planning Department.
2. The proposed dwelling shall be constructed substantially in accordance with the submitted
building elevations. Said elevations have been exhibited to the Virginia Beach City Council and
are on file in the Planning Department.
3. Exterior building materials shall substantially conform to the submitted document entitled,
"STANDARDS 51St Street Villas." Said building materials primarily consist of masonry, stucco
finish, mahogany trim, pervious cobblestone, pervious pavers, operable shutters, cedar fencing,
and `lifetime-grade' architectural shingles.
4. Trees on the site shall be persevered substantially in accordance to the submitted plan entitled
"Tree Preservation Plan," dated 12-13-2013. Said plan has been exhibited to the Virginia Beach
City Council and is on file in the Planning Department.
5. The minimum width of the driveway shall be 12 feet, as measured at the property line.
ERIK HOMES, L.L.C. / 51St STREET
JANUARY 14, 2014 CITY COUNCIL HEARING
Page 4
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 P/anning / Permits and Inspections Division, and
the issuance of a Certificate of Occupancy, are required before any uses allowed by this
application are valid or any structures may be occupied.
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.
ERIK HOMES, L.L.C. / 51St STREET
JANUARY 14, 2014 CITY COUNCIL HEARING
Page 5
. .. ,
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AERIAL PHOTOGRAPH SHOWING
LOCATION OF SITE AND SURROUNDING AREA
ERIK HOMES, L.L.C. / 51" STREE
JANUARY 14, 2014 CITY COUNCIL HEARWI
paf1P
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OUR Npt\Q
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1H6 IS TO CERIIFY 1KAT OX JlI11E 11, 2I13, WE SUlVEYFO THE PROPERiY Sf10MN ON TitlS FUT
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OF THE BUILDINGS PRE AS SHOYM ON 1}NS PiAT. THE BUYDNCS SAND WIiNN THE SYD PROPENIY
lJHES ND THERE ME NO ENCRWGHNENIS OF OTNER BUIIDNIGS ON THE PROPEHfY. E%CEPf AS ?
SHOWN.
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? HOILLY ROAD WIIKWAY
5 74'09' W 59.T
51st STI9EET
(40" R/W) (MAP BDOK 12, PAG£ 93)
Ftooo IFqRuiqn: THE vaoadm sNOwr, Hmm eavvas ro v,vL. wmuH cwou zaw xVow wwoo ro eE alrsoc a n[
= NMNL pWICE Rppp). A$ $Hp11N ON F.E.YA'S Fl.000 INSURiWCE RATE IMP (F.I.R.Y.) FOR THE CI1Y OF VIRqN1A BFACH, NRQNIA,
COWIMIY PAIEL N0. 515531 OOfiJi M7EU WY 4. 2009.
WPL IS NOT A PMtt IN DEIERWNMIG 1HE RF.WIRE4EN75 FOR F.000 u15URWCE ON THE PROPEfitt SHOWN HfREON. TIi6 $URYEt' DOES NOT IWtY
iFNT iM5 PROPEKIY M1LL OR W0.1 NOi 9E SU&IECT TD fLOWING, FOR FURIHER INFORMAiION, CONTACi THE LOfJi C044UNRY FLOOD OFFICNL
1W5 StAiYEY WAS PERFOFIEO N7iH0Uf THE BO/EfR OF A tIRF REPORT AND WY NOT SHOW ANY/Pll FASEMENlS Oli RESiRiCiIbNS 1HAT WY
lffECi SND PROPERIV AS SVIOMM. i145 PU7 OOES NOT INiEND TO REPR6EN1 A SU80M90N OF VND.
PHYSICA n SURVBY
IAT-E; BLOCK 14
xe-suentvlstox or Lors
ewcx u
UBER1dEER
PLAT RBCORDSD IN MAP BOOK 12, PAGE 23, W THE CLERK'S OFFICE
OF THE CIRCUIT COURT OF THE Ci'fY OF VIRGITIIA BEACH, VlAGINLA
? "^ba^ VIIiGINIA BEACH. VIRGllQIA
EXCLUSIVELY For
i' = ao' ERRC HOMES. LLC rurre 12, zois
fJ6/eht YRB/wrp CITY OR VmRiu BBACB. VlltCINu F.H. ]O1B PC.99 PLT: U-8 & IB JN: 213-0251
P
ERIK HOMES, L.L.C. / 51" :
JANUARY 14, 2014 CITY COUNCIL HI
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ERIK HOMES, L.L.C. / 51" STRF
JANUARY 14, 2014 CITY COUNCIL HEARI
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ERIK HOME
JANUARY 14, 2014 CI
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ERIK HOM
JANUARY 14, 2014 C
Page 1 C
9
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PHOTOGRAPH DEPICTING REPRESENTATIVE
DESIGN FEATURS OF HOUSE PROPOSED BY CONDITION #2
ERIK HOMI
JANUARY 14, 2014 C
Y COUNCIL HEARW,
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ERIK HOME
JANUARY 14, 2014 C
?.-.... . ., . .., . ..__
COUNCIL HEARINi
Page 1
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Wakinp &terior Slwtters GranAte Kitdhen CouMMOPs
Mosonry Fantin` with Cadar Recessed Gn Lishdrog in 16tchen and Baths
l,ane 61" Tall Windows anC kench Doon 6raNte or Tile IGtchen Bscksoashes
SdW Mahopny Exteria Wood Doors Jetted Jauurl v+ith Marble Surtound
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iN7ERlOR ENFRGY tiA'J-, N ii? AN'.> M!;CM1F^vl.ti :EALURES
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BUILDER FOR HOMES
(REFERENCED BY CONDITION #3)
ERIK HOMI
JANUARY 14, 2014 C
Page 1
9 `
S
?h?r?F `OURNA" -d
\OItI'!1 VIlt(:1\IA 131•::'H ('l??l(' l_H::?(:l N:
LOVIVG REVIE\1' C'OM411TTEE
%I F. N1O
klemtnvs ofthc City of Virginia Reach PlanningCommisSion
Memt+ers of Ciry Council : City of V irginia Beach
pecembcr 13, 21113
Re: lpplication of E:ril. Homr.. I.LC for v C'hange in Van-C'onformih •rt ?I; -; l.t Street,
GPI\ \o:2418-89-00?il•U000
The Narth Virginia Beach Civic l..eague's (NV I3CL) Zoning Review Committee (ZRC) has
reviewed the merits of this application and otlen the following response:
The applicant mrt with the NVBCL ZRC as well as representacives ot the 5 1 * Street area. The
proposed pmJect was warmly rc5cceived aS an exoellent example ol' thescale and macc of
rcsidential redevelopment that the ZRC and adjacent residents de.irc for their neightxirhood. The
projc*ct sitt plan shawx appropriatr pasitioningoPthe two dwellings a. %?ell as nia:l)° de.signed ?
'-`1 story structures in keeping with the adjncent residences. We applaud the design upproach and
detail thut the developer hus tal:en with this radevelopment and their willingness to work with the
Narth End community.
Memben of thr \orth Virginiu Bcuch Chtir Leugue's 7,oning RevieN Committee:
Billy Almond 209 - 70th Street
Fd Rahn:lav 108 - 551" Street
W illy Fluharh, ±0 ', - 49'" Street
Man• Lee Harris 216 55`h Street
Dave & Mickey Jcs[er 200 - 63rd Street
Duff Kliewer 205 771h Street
BunmKo??ner ?I l- 77h Stnx.?t
Jo Anne Moore 300 - SS6 Street
Ran Pemon 63(}4 Oocaan Fmnt
Martin V4'aranch I 1 I- 66th Street
Nolli Wachtmeister 209 43rd Street.
Cierrie Wem 217 - 75tn StR;et
John Wilson 444 GoodsPeed Road
Holh Jenison 303 - 53ni Stro:t
LETTER SUBMITTED BY CIVIC LEAGUE
ERIK HOMES, L.L.C. / 51" STREE
JANUARY 14, 2014 CITY COUNCIL HEARINPage 1
fs,
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• Zon(ng wtih CondlBoroiPro/fers, Open Space Promwlon
Non-Conforming Use
7n1UlAlr. HICTORY
# DREQUE ST ACTIN
1 3 Alteration to a nonconformin Use A roved
1A • BE,q-'`?i.
" 3?ri?clr.
ERIK HOM
JAN UARY 14, 2014 C
Page 1 ?
9
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APPLICANT DISCLOSURE
If the appiicant 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)
Erik Homes, LLC: Erik Zimmercnan, Member; Argent Development Corporation of Virginia, Member. Lawrence N. Smith, CFO;
Frank H. McNeal, Jr., CO-CAO; Horace P. McNeal, Jr., Chairman; Thornton w. McNeal, EVP; Willis E. Watson, Treasurer
2. List all businesses that have a parent-subsidiary' or affiiiated 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
Complefe 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,
tnastees, partners, etc. below: (Atfach list if necessary)
2. List afl businesses that have a parent-subsidiary' or affiliated business entityZ
relationship with the applicant: (Aftach lisf if necessary)
El 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
ERIK HOMES, L.L.C. / 51st STREET
JANUARY 14, 2014 CIN COUNCIL HEARING
Page 16
ADDtTIONAL DISCLOSURES
List all known contractors or businesses that have or wiil pravide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial seniices, accounting seroices, and legal
services: (Attach list if necessary)
WPL
lPS
Sykes, Bourdon, Ahem & Levy, P.C.
'"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 Locat Government Conflict of Interests Act, Va.
Cade § 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. Faetors 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 finro 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 othen+vise 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, t 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 instrudions in this package. The
undersigned also conseMs 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.
?
Property Owner's Signature (if different than applicant)
Print Name
Erik Zimmerman, Member
Print Name
DISCLOSURE STATEMENT
ERIK HOMES, L.L.C. / 51St STREET
JANUARY 14, 2014 CITY COUNCIL HEARING
Page 17
1 A RESOLUTION AUTHORIZING THE
2 RECONSTRUCTION AND ENLARGEMENT OF A
3 NONCONFORMING USE ON PROPERTY
4 LOCATED AT 215 51ST STREET
5
6 WHEREAS, Erik Homes, LLC (hereinafter the "Applicant") has made application
7 to the City Council for authorization for the reconstruction and enlargement of a
8 nonconforming use located at 215 51t" Street in the R-5R Residential Zoning District by
9 demolishing, reconstructing and enlarging the single-family dwellings on the parcel; and
10
11 WHEREAS, there are located on the parcel two (2) single-family dweilings,
12 which are not allowed in the R-5R District, however, the single-family dwellings were
13 built prior to the adoption of the applicable zoning regulations and are therefore
14 nonconforming; and
15
16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
17 reconstruction and enlargement of a nonconforming use is unlawful in the absence of a
18 resolution of the City Council authorizing such action upon a finding that the proposed
19 use, as reconstructed and enlarged, will be equally appropriate or more appropriate to
20 the zoning district than is the existing use;
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That the City Council hereby finds that the proposed use, as reconstructed and
26 enlarged, will be equally appropriate to the district as is the existing nonconforming use
27 under the conditions of approval set forth hereinbelow.
28
29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
30 BEACH, VIRGINIA:
31
32 That the reconstruction and enlargement of the nonconforming use is hereby
33 authorized, upon the following conditions:
34
35 1. The site shall be developed substantially in accordance with the submitted
36 conceptual site plan entitled "215 51St Street Conceptual Site Plan," dated
37 December 10, 2013, and prepared by Land Planning Solutions. Said plan
38 has been exhibited to the Virginia Beach City Council and is on file in the
39 Planning Department.
40
41 2. The proposed dwelling shall be constructed substantially in accordance
42 with the submitted building elevations. Said elevations have been
43 exhibited to the Virginia Beach City Council and are on file in the Planning
44 Department.
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
3. Exterior building materials shall substantially conform to the submitted
document entitled, "STANDARDS 51St Street Villas." Said building
materials primarily consist of masonry, stucco finish, mahogany trim,
pervious cobblestone, pervious pavers, operable shutters, cedar fencing,
and `lifetime-grade' architectural shingles.
4. Trees on the site shall be persevered substantially in accordance to the
submitted plan entitled "Tree Preservation Plan," dated 12-13-2013. Said
plan has been exhibited to the Virginia Beach City Council and is on file in
the Planning Department.
5. The minimum width of the driveway shall be 12 feet, as measured at the
property line.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
a?" -
Planning epartment
City Attorney's Office
CA12864
R-1
December 18, 2013
2
r `? ?a7
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Authorizing the Reconstruction and Enlargement of a
Nonconforming Use Located at 316 34th Street and Owned by ERIK
HOMES, LLC. BEACH DISTRICT.
MEETING DATE: January 14, 2014
¦ Background:
The subject site is zoned A-12 Apartment, is 75 feet by 140 feet (0.241 acre),
and is currently occupied by an existing two-story, three-unit multifamily
residential structure. The existing structure was built in 1940, when there was no
zoning ordinance in Princess Anne County or the Town of Virginia Beach. The
maximum allowable residential density for the A-12 District is 12 dwelling units
per acre of land. The subject site is 0.241 acre, which would allow for a maximum
of two units on the site. Accordingly, the existing use of the site for three dwelling
units does not conform to the existing zoning of the site, and the use is
nonconforming.
Section 105 of the City Zoning Ordinance regulates nonconforming uses and
structures. Section 105(b) states that it is the intent of the Zoning Ordinance to
allow nonconformities to continue until they are removed, but not to allow them to
become enlarged, expanded, extended, or relocated "except upon a resolution of
the City Council authorizing such conversion, based upon its finding that the
proposed use is equally appropriate or more appropriate to the district than is the
existing nonconforming use."
¦ Considerations:
The applicant proposes the demolition of the existing two-story, three-unit
structure. The demolition will be followed by the construction of three townhouses
fronting on 34th Street, as well as associated two-car garages fronting on 33?a /z
Street. The attached staff report provides details pertaining to the differences
between the dimensional attributes of the existing and proposed structures as
well as the architectural design of the proposed townhouses.
The Comprehensive Plan recommendations for this portion of the Suburban Area
emphasize the use of "Best Management Practices" for stormwater control,
porous materials for driveways and waikways in an effort to achieve a net
reduction of impervious coverage, and attractive and high quality materials that
ERIK HOMES - 34th STREET
Page 2 of 3
are capable of withstanding severe weather events. The proposed use and
development of this site meets all of these recommendations with the exception
of stormwater management.
The proposed development incorporates concrete sidewalks and driveways that
account for 12 percent of the total impervious area. Additionally, the applicant
has proposed a 5-foot side yard setback as opposed to the 10-foot setback
required for townhouses in the A-12 Apartment District. The additional footprint
area that encroaches into this setback accounts for 4 percent of the total
impervious area. Overall, the proposed development results in an increase in
total impervious cover from the current 41 percent to the proposed 56 percent.
To address this issue, staff recommends the use of porous materials for the
proposed sidewalks and driveways as well as the incorporation of bioretention
beds within the side yards (or as determined appropriate by Development
Services Center during site plan review). This recommendation will reduce the
total impervious cover from the proposed 56 percent to 43 percent, which results
in only a 2 percent increase from the existing nonconforming use.
¦ Recommendations:
Staff concludes that the proposed reconstruction and enlargement of the existing
nonconforming use is reasonable and will be as appropriate to the zoning district
as is the existing nonconforming use. Staff, however, is recommending several
conditions to minimize the potential stormwater impacts on this site. The request,
therefore, is acceptable as submitted, subject to the conditions below.
The site shall be developed substantially in accordance with the submitted
conceptual site plan titled "CONCEPTUAL SITE PLAN EXHIBIT," dated
August 23, 2013, and prepared by WPL, with the exception that all
proposed concrete areas shall be constructed of a permeable paving
material. Said plan has been exhibited to the Virginia Beach City Council
and is on file in the Planning Department.
2. The proposed structures shall be constructed substantially in accordance
with the submitted building elevations. Said elevations have been
exhibited to the Virginia Beach City Council and are on file in the Planning
Department.
3. Landscaping of the site shall be substantially as shown on the submitted
conceptual site plan entitled "CONCEPTUAL SITE PLAN EXHIBIT," dated
August 23, 2013, and prepared by WPL. All landscaping shall be
approved by the City Landscape Architect and Development Services
Center.
4. Exterior materials shall substantially conform to the submitted document
entitled, "STANDARDS Old Beach Cottages at 34th Street," and shall
ERIK HOMES - 34th STREET
Page 3 of 3
primarily consist of cedar shake siding, stucco skirt, operable exterior
shutters, 40-year architectural shingles, and cedar fencing.
¦ Attachments:
Staff Review and Disclosure Statement
Resolution
Location Map
Recommended Action: Approval.
Submitting Department/Agency:
City Manager: ?
Planning Department
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REQUEST:
Reconstruction and Enlarqement of a Nonconforminq Use
ADDRESS / DESCRIPTION: 316 34"Street
January 14, 2014
City Council Hearing
APPLICANT AND
PROPERTY OWNER:
ERIK HOMES,
L.L.C.
STAFF PLANNER: Kristine Gay
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24189269940000 BEACH 10,500 square feet 70-75 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant proposes the demolition of an existing finro-story, three-unit multifamily residential structure
located on the subject site, followed by the construction of three townhouses fronting on 34th Street, as
well as associated two-car garages fronting on 33rd 'h Street. The existing structure was built in 1940,
when there was no zoning ordinance in Princess Anne County or the Town of Virginia Beach. The subject
site is zoned A-12 Apartment District, which allows for 12 units to each acre of land. The subject site is
0.241 acre, which would allow for a maximum of two units on the site. Accordingly, the existing use of the
site for three dwelling units does not conform to the existing zoning of the site. As provided for by Section
105 of the City Zoning Ordinance, therefore, the existing use of the site is nonconforming. Section 105(b)
notes that it is the intent of the Zoning Ordinance to allow nonconformities to continue until they are
removed, but not to allow them to become enlarged, expanded, extended, or relocated "except upon a
resolution of the City Council authorizing such conversion, based upon its finding that the proposed use is
equally appropriate or more appropriate to the district than is the existing nonconforming use."
non-wnromrmg use
ERIK HOMES, LLC
January 14, 2014 City Council Meeting
Page 1
The total width of the front fagade will be 65 feet and will be equally divided into three 21.67-foot wide
townhouses. The primary access for each unit will be on the front fagade. Each unit will have an 8-foot
deep porch, second-floor balcony, and third-floor balcony. Each unit will also have a two-car garage,
which will front on 33rd %2 Street to the south. Each detached garage will be 18.33 feet in width and will be
20 feet in depth. Exterior materials for the townhouses will include fiber-cement siding and treated
manufactured wood siding.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Three-unit multifamily dwelling
SURROUNDING LAND North: . Single-family dwellings / A-24 & A-12 Apartment Districts
USE AND ZONING: South: . Multifamily dwellings / A-24 & A-12 Apartment Districts
East: . Multifamily dwellings / A-18 Apartment District
West: . Single-family dwellings / A-24 Apartment District
NATURAL RESOURCE AND There are no known significant natural resource or cultural features
CULTURAL FEATURES: on this lot.
COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being in the Suburban Area.
The site is, however, located near Suburban Focus Area 7/ North Beach Area. Recommendations for that
area include the use of porous surface materials as well as attractive and high quality weather-resistant
building materials. The Plan also recommends parcel consolidation and density stabilization for the area.
ERIK HOMES, LLC
January 14, 2014 City Council Meeting
Page 2
The existing structure has the following dimensional attributes:
The proposed development will have the following dimensional attributes:
EVALUATION AND RECOMMENDATION
The applicant's proposal to demolish an existing three-unit multifamily structure and to construct in its
place three townhouses is consistent with the land use policies of the Comprehensive Plan for the
Suburban Area. The Plan recommends density stabilization; the use of "Best Management Practices" for
stormwater control; porous materials for driveways and walkways in an effort to achieve a net reduction of
impervious coverage; and attractive and high quality materials which are capable of withstanding severe
weather events. The proposed use and development of this site meets all of these recommendations with
the exception of stormwater management.
The proposed development incorporates concrete sidewalks and driveways that account for 12 percent of
the total impervious area. Additionally, the applicant has proposed a 5-foot side yard setback as opposed
to the 10-foot setback required for townhouses in the A-12 Apartment District. The additional footprint
area that encroaches into this setback accounts for 4 percent of the total impervious area. Overall, the
proposed development results in an increase in total impervious cover from the current 41 percent to the
proposed 56 percent. To address this issue, staff recommends the use of porous materials for the
proposed sidewalks and driveways as well as the incorporation of bioretention beds within the side yards
(or as determined appropriate by Development Services Center during site plan review). This
recommendation will reduce the total impervious cover from the proposed 56 percent to 43 percent, which
results in only a 2 percent increase from the existing nonconforming use.
Subject to the conditions below, staff recommends approval of this request.
CONDITIONS
1. The site shall be developed substantially in accordance with the submitted conceptual site plan
titled "CONCEPTUAL SITE PLAN EXHIBIT," dated August 23, 2013, and prepared by WPL, with
the exception that all proposed concrete areas shall be constructed of a permeable paving
material. Said pian has been exhibited to the Virginia Beach City Council and is on file in the
ERIK HOMES, LLC
January 14, 2014 City Council Meeting
Page 3
Staff concludes that the proposed reconstruction and enlargement of the existing nonconforming use is
reasonable and will be as appropriate to the zoning district as is the existing nonconforming use. Staff
has, however, recommended several conditions to minimize the proposed impact on this site, particularly
regarding the staff-supported dimensional attributes listed above.
Planning Department.
2. The proposed structures shall be constructed substantially in accordance with the submitted
building elevations. Said elevations have been exhibited to the Virginia Beach City Council and
are on file in the Planning Department.
3. Landscaping of the site shall be substantially as shown on the submitted conceptual site plan
entitled "CONCEPTUAL SITE PLAN EXHIBIT," dated August 23, 2013, and prepared by WPL. All
landscaping shall be approved by the City Landscape Architect and Development Services
Center.
4. Exterior materials shall substantially conform to the submitted document entitled, "STANDARDS
Old Beach Cottages at 34th Street," and shall primarily consist of cedar shake siding, stucco skirt,
operable exterior shutters, 40-year architectural shingles, and cedar fencing.
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 p/an 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
application are valid or any structures may be occupied.
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.
ERIK HOMES, LLC
January 14, 2014 City Council Meeting
Page 4
AERIAL PHOTOGRAPH SHOWING
LOCATION OF SITE AND
SURROUNDING AREA
J Af
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ERIK HOMES, LLC
January 14, 2014 City Council Meeting
Page 5
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ERIK HOMES, LLC
January 14, 2014 City Council Meeting
Page 6
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SITE SURVEY
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January 14, 2014 City Council
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ERIK HOMES, LLC
January 14, 2014 City Council Meeting
Page 9
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ARCHITECTURAL RENDERING AND PHOTO SAMPLE
ERIK HOMES, LLC '
January 14, 2014 City Council Meeting
Page 10
ILT1-I STREET CONCEPTUAI, EI,E?"ION
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owaearn toaayes ot3r' sarer
316 34' STREFT
Cedar Shake w/ StucCO SIdR
Deadkd 2 ar Gmage w/ Nley Aaas
2" and 3" Fba Exlerior Oedcs
wN undscaved / sodaed varos
wbNdrp Exteria SMrtters
8' peep PorcAes
large 6' HigA Windows
PriWte Reir Sodded Yard
10 Year Ardwtatwal Roof ShiKksw/ SuNeK
2ip YVaI Protetlive Exteria SAe+RNnt
6' Cedar low maintenmte Fencing
INTF R; [i?
3 bedroom, 3 bath.180Rf
Iktlaimed S' Sanded W ood F baing
5mooth Ory Vval waik snd ceilfts
3 Piece Crow^ Molding, Chai Rai. 5" BaseboaM
Eric Momes level2 Grpets in Bedrooms and LoR
Gas Frepliae w/ Marble and Ntood Mantd
3 Coats InleAOr Wyl PsIM w/ fNgh Gloss Trim Paint
UT 6 GDIe w/ tentralixd Smrt Bmc
Ceifng Fans yl bedroans and hmiN room
Ibisrd panel inteda doas
Smok! / Monoxid! /SecurkY - wirod b plWilts
5urtound So und in family roan and Masta Bedroom
Retessld Un lighting tMoughout
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Nandmade - Site Oesipned Kitchen CabinehY
Stainless SOeel Appiante Pxbge
Red2imed Wood-5" Sand Fnish FlDOrs
Stankss Kittlwn Double Bowl 5ink w/ prbage dkDosal
Granite KitchentouMertops
Reaued Gn Ughting in KkdKn and Bahs
Gnd1e a Tie KitclKn BackspasAes
letted Haui with Marble SurtawA
Porcebin fle Bath Fbors and ShoMrers
Double Bowl Marble Varwty in MWer w/ full mirca
TuD/ Tik wrround n al semnJary WRRs
I.N!f??iY'.. Y -,..:t.ANKk1Sf!7ilUP,FS
ZWIld GAS 1edt dfld COOiK
Re-tirculxing Wxer Heater -on demaWl
Sprsy Foam Exteia Walls - Grcen Approved
Redaimed Wood Fiooring-Catofea bams
Ryled Envgy EfAcient Insuhtion
Englneered Wrnber Framing
Zip Wal Exteria MWectNe SheatNrog
Sustainable Forestry lnitiltNe Materifk
2-10 &nkfers Warranty-Bonded Insunnae to.
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ERIK HOMES, LLC
January 14, 2014 City Council Meeting
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oning wJth CondJtionsiProffers, Open Space Pmmotfon
rvon-c.omormrng vs
ZONING HISTORY
# DATE REQUEST ACTION
1 01/14/1997 Enlar ement of nonconformit A roved
2 11/12/2013 Enlar ement of nonconformit A roved
ERIK HOMES, LLC
January 14, 2014 City Council Meeting
Page 12
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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 Nnecessary)
Erik Homx, LLC: Erik Zmmerman, Mambar; N9enl DevebPmsnt Corporation of V'rcginia, Member. Lewronce N. Srrvth, CFO;
Frank M. McNed, Jr., CO-CAO; Florece P. McNeW, Jr., Chairtnan; Thomron W. MdJeal, EVP; Wdlis E. Watson, 7reasurer
2. List all businesses that have a parent-subsidiary' or affiliated business entw
relationship with the applicant: (Attsch 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 oNy 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 folbwed 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.
8 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?
Non-Conforming Use Appliea8on
Page 8 of 9
Reviud 7/1@013
DISCLOSURE STATEMENT
ERIK HOMES, LLC
January 14, 2014 City Council Meeting
Page 13
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 architeotural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
WPL
LPS
Sykes, Bourdon, Ahem & Levy, P.C.
'°Parent-subsidiary relationship' means "a relationship that exists when one
corporation direcUy or indirecdy 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.
Z"Affiliated business eMity relationship" means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a conUolling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entiry, or (iii) there is shared management or control between the business
entities. Fadors that shoutd be considered in determining the existence of an affiliated
business entity relationship indude that the same person or substantially the same person
own or manage the two entities; there are common or comminglQd funds or assets; the
business entities share the use of the same offices or employees or othervvise share activities,
resources or personnel on a regular basis; or there is othervvise a close working relationship
beNNeen the entities.° See State and Local Govemment Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
1 understand that, upon rsceipt of notification (posicard) that the application has been scheduled for
public hearirig, l am roaponsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the schaduled public hearing accord'mg to the instructions in this package. The
undersi9ned afso oonseMs to entry upon the subject property by employees of the Departrnent of
Planning to phatograph and view the site fa purposes of processing and evaluating Mis application.
?
A ' nY Signature
Property Owners Signature (rf diffetent than applicant)
Erik Zimmerman, Member
PriM Name
Print Name
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Non-Confortning Use Applicatbn
Page 9 of 9
DISCLOSURE STATEMENT
ERIK HOMES, LLC
January 14, 2014 City Council Meeting
Page 14
1 A RESOLUTION AUTHORIZING THE
2 RECONSTRUCTION AND ENLARGEMENT OF A
3 NONCONFORMING USE ON PROPERTY
4 LOCATED AT 316 34T" STREET
5
6 WHEREAS, Erik Homes, LLC (hereinafter the "Applicant") has made application
7 to the City Council for authorization for the enlargement and reconstruction of a
8 nonconforming use located at 316 34t" Street in the A-12 Apartment Zoning District by
9 demolishing, reconstructing and enlarging the multi-family dwelling on the parcel; and
10
11 WHEREAS, there is located on the parcel a multi-family dwelling that includes
12 three (3) units. The maximum density for the parcel would only allow two (2) units, so
13 the current use is not allowed in the A-12 District. However, the multi-family dwelling
14 was built prior to the adoption of the applicable zoning regulations and is therefore
15 nonconforming; and
16
17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
18 reconstruction and enlargement of a nonconforming use is unlawful in the absence of a
19 resolution of the City Council authorizing such action upon a finding that the proposed
20 use, as reconstructed and enlarged, will be equally appropriate or more appropriate to
21 the zoning district than is the existing use;
22
23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25
26 That the City Council hereby finds that the proposed use, as reconstructed and
27 enlarged, will be equally appropriate to the district as is the existing nonconforming use
28 under the conditions of approval set forth hereinbelow.
29
30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
31 BEACH, VIRGINIA:
32
33 That the reconstruction and enlargement of the nonconforming use is hereby
34 authorized, upon the following conditions:
35
36 1. The site shall be developed substantially in accordance with the submitted
37 conceptual site plan titled "CONCEPTUAL SITE PLAN EXHIBIT," dated
38 August 23, 2013, and prepared by WPL, with the exception that all
39 proposed concrete areas shall be constructed of a permeable paving
40 material. Said plan has been exhibited to the Virginia Beach City Council
41 and is on file in the Planning Department.
42
43 2. The proposed structures shall be constructed substantially in accordance
44 with the submitted building elevations. Said elevations have been
45 exhibited to the Virginia Beach City Council and are on file in the Planning
46 Department.
47
48 3. Landscaping of the site shail be substantially as shown on the submitted
49 conceptual site plan entitled "CONCEPTUAL SITE PLAN EXHIBIT," dated
50 August 23, 2013, and prepared by WPL. All landscaping shall be
51 approved by the City Landscape Architect and Development Services
52 Center.
53
54 4. Exterior materials shall substantially conform to the submitted document
55 entitled, "STANDARDS Old Beach Cottages at 34th Street," and shall
56 primarily consist of cedar shake siding, stucco skirt, operable exterior
57 shutters, 40-year architectural shingles, and cedar fencing.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
11XIAOt A ci
City Attorney's Office
2
CA12847
R-1
December 18, 2013
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CAPE HENRY COLLEGIATE SCHOOL (Applicant / Owner), Modification of a
Conditional Use Permit (approved 5/23/00 and modified on 12/14/12). 1320 Mill
Dam Road (GPIN 2408584284). LYNNHAVEN DISTRICT.
MEETING DATE: January 14, 2014
¦ Background:
The applicant is requesting a modification to the Conditional Use Permit
approved by the City Council on May 23, 2000, and as modified in 2001 and
2012. The Use Permit was most recently modified on December 4, 2012 for the
purpose of revising Condition 1 of the Use Permit, which requires the
development of the school and site to be in substantial adherence to the
submitted site master plan. The purpose of the modification approved in
December 2012 was to (1) add lighting to Field 1 and (2) add bleachers and a
decorative entry feature along the western side of the Field 1. Field 1 is located
on the west side of the property, adjacent to the Mill Dam Road parking lot.
The lighting approved in 2012 consisted of four light poles of 50 feet in height
located at the corners of Field 1 and one light pole of 50 feet in height located at
the midline on the eastern side of the field. The applicant's current request is to
further modify Condition 1 for the purpose of increasing the height of the lighting
for the field from the currently approved 50 feet to 70 feet.
¦ Considerations:
During the purchase and installation of the lighting approved in December 2012,
the contractor recommended to the applicant that, based on the intended use of
Field 1, and the availability of a new lighting fixture that would improve lighting
spread on the field without increasing light spillover, one of the five lighting poles
approved in 2012 could be deleted by increasing the height of the four remaining
light poles to 70 feet.
Field 1 is the field located closest to Mill Dam Road, is the primary field for
athletic events, and includes the recently installed new bleachers. The distance
from the closest lighting fixture to the eastern property line of the subject property
is 650 feet. As conditioned in 2012, the lighting will not be used on Sundays,
none of the athletic events requiring illumination will begin any later than 7:30
PM, and lighting will be extinguished within 30 minutes of the conclusion of the
game.
Cape Henry Collegiate
Page 2 of 3
There was no opposition to the request.
¦ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 10-0, to recommend approval of this request to the
City Council with the following conditions:
1. All conditions with the exception of Number 1 attached to the Conditional Use
Permit granted by the City Council on May 23, 2000, and as modified July 10,
2001 and December 4, 2012 remain in effect.
2. Condition Number 1 of the May 23, 2000 Conditional Use Permit is deleted
and replaced with the following:
a. Existing Field 1 as identified on the submitted "AMENDED MASTER
PLAN CAPE HENRY COLLEGIATE SCHOOL", dated October 29, 2013,
and prepared by Tymoff+Moss Architects, may be lit for evening athletic
events. Said plan has been exhibited to the Virginia Beach City Council
and is on file in the Planning Department.
b. There shall be no more than 4 light poles as depicted on the plan. The
poles shall not exceed 70 feet in height. If determined by the Zoning
Administrator to be necessary, the lights mounted on all the poles on the
eastern side of the field shall be shielded so as not to allow glare to spill
over to the residential homes located along the eastern property line.
c. A new Lighting Plan and/or Photometric Diagram Plan shall be submitted
to the Planning Department for review prior to installation of any lighting
for the fields. Said plan shall include the location of all pole mounted and
the listing of lamp type, wattage, and type of fixture. Lighting shall overlap
and be uniform throughout the field area. All lighting on the site shall be
consistent with those standards recommended by the Illumination
Engineering Society of North America.
d. There shall be no amplified speaker system for the field.
e. Athletic events shall start no later than 7:30 p.m. The lights shall be turned
off no later than 30 minutes after the completion of the event. The lights
shall not be used on Sundays.
f. The applicant may install the 7-foor high wall and 16-foot high entry
elements, as well as bleachers on the western side of Existing Field 1.
The additions shall substantially adhere to the submitted rendering
prepared by Tymoff+Moss Architects. Said rendering has been exhibited
Cape Henry Collegiate
Page 3 of 3
to the Virginia Beach City Council and is on file in the 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 Manage . \Z_
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8
January 8, 2014 Public Hearing
APPLICANT AND PROPERTY
OWNER:
CAPE HENRY
COLLEGIATE
SCHOOL, INC.
STAFF PLANNER: Stephen J. White
REQUEST:
Modification of a Conditional Use Permit for a private school - approved by the City Council on June 21, 1971
and modified on August 27, 1971, October 15, 1987, June 14, 1998, May 23, 2000, July 10, 2001, and
December 4, 2012 (specific request is to increase the height of the light poles allowed by the 2012
Modification for Field 1 from 50 feet to 70 feet)
ADDRESS / DESCRIPTION: 1320 Mill Dam Road
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24085842840000 LYNNHAVEN 30 acres 65-70 dB DNL
SUMMARY OF REQUEST
The applicant is requesting a modification to the Conditional Use Permit approved by the City Council on
May 23, 2000, and as modified in 2001 and 2012. The Use Permit was most recently modified on
December 4, 2012 for the purpose of revising Condition 1. The master plan for the facility is the subject of
Condition 1, and the purpose of the 2012 modification was to (1) add lighting to the Field 1 and (2) add
bleachers and a decorative entry feature along the western side of the field.
The applicant's current request is to further modify Condition 1 for the purpose of increasing the height of
the lighting for Field 1 from the currently approved 50 feet to 70 feet. During the purchase and installation
of the lighting approved in December 2012, the contractor recommended to the applicant that, based on
the intended use of Field 1, and the availability of a new lighting fixture that would improve lighting spread
on the field without increasing light spillover, one of the five lighting poles approved in 2012 could be
deleted by increasing the height of pole and the attached lighting fixtures to 70 feet.
Field 1 is the field located closest to Mill Dam Road, is the primary field for athletic events, and includes
the recently installed new bleachers. The distance from the closest lighting fixture to the eastern property
line of the subject property is 650 feet. As conditioned in 2012, the lighting will not be used on Sundays,
CAPE HENRY COLLEGIATE SCHOOL, INC.
Agenda Item 8
Page
none of the athletic events requiring illumination will begin any later than 7:30 PM, and lighting will be
extinguished within 30 minutes of the conclusion of the game.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: The site is zoned R-15 and R-20 Residential Districts and is occupied by an private
school.
SURROUNDING LAND North: . Woodhouse Road
USE AND ZONING: . Across Woodhouse Road are single-family homes /
R-20 Residential District.
South: . First Colonial High School / R-15 Residential District.
East: . Immediately to the east is property zoned R-20 and R-40
Residential District. Single-family homes are located
East of the subject site.
West: . Mill Dam Road
• Across Mill Dam Road is a single-family subdivision
/ R-10 Residential District.
NATURAL RESOURCE AND The site is nearly level with large areas covered with impervious
CULTURAL FEATURES: materials. There are no significant natural resources or cultural features
on the subject site.
COMPREHENSIVE PLAN: Suburban Area
CITY SERVICES
City Services are not affected by the request.
EVALUATION AND RECOMMENDATION
Staff recommends approval of this requested modification, as conditioned below. Photometric studies
indicate that the additional 20 feet in height will result in no change in the spillover lighting level at the
eastern property line adjacent to the residential community than the level original calculated. Staff,
therefore, recommends approval of the request subject to the conditions listed below.
CONDITIONS
All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the
City Council on May 23, 2000, and as modified July 10, 2001 and December 4, 2012 remain in effect.
CAPE HENRY COLLEGIATE SCHOOL, INC.
Agenda Item 8
Page 2
2. Condition Number 1 of the May 23, 2000 Conditional Use Permit is deleted and replaced with the
following:
a. Existing Field 1 as identified on the submitted "AMENDED MASTER PLAN CAPE HENRY
COLLEGIATE SCHOOL", dated October 29, 2013, and prepared by Tymoff+Moss Architects, may
be lit for evening athletic events. Said plan has been exhibited to the Virginia Beach City Council
and is on file in the Planning Department.
b. There shall be no more than 4 light poles as depicted on the plan. The poles shall not exceed 70
feet in height. If determined by the Zoning Administrator to be necessary, the lights mounted on all
the poles on the eastern side of the field shall be shielded so as not to allow glare to spill over to
the residential homes located along the eastern property line.
c. A new Lighting Plan and/or Photometric Diagram Plan shall be submitted to the Planning
Department for review prior to installation of any lighting for the fields. Said plan shall include the
location of all pole mounted and the listing of lamp type, wattage, and type of fixture. Lighting shall
overlap and be uniform throughout the field area. All lighting on the site shall be consistent with
those standards recommended by the Illumination Engineering Society of North America.
d. There shall be no amplified speaker system for the field.
e. Athletic events shall start no later than 7:30 p.m. The lights shall be turned off no later than 30
minutes after the completion of the event. The lights shall not be used on Sundays.
f. The applicant may install the 7-foor high wall and 16-foot high entry elements, as well as
bleachers on the western side of Existing Field 1. The additions shall substantially adhere to the
submitted rendering prepared by Tymoff+Moss Architects. Said rendering has been exhibited to
the Virginia Beach City Council and is on file in the Planning Department.
NOTE: Further conditions may be required during the administration of applicab/e City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site p/an
review to meet all applicab/e City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of P/anning / Development Services Center and
Department of Planning / Permits and /nspections Division, and the issuance of a Certiricate 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.
CAPE HENRY COLLEGIATE SCHOOL, tNC.
Agenda Item 8
Page 3
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AERIAL PHOTOGRAPH OF
SITE AND SURROUNDING AREA
CAPE HENRY COLLEGIATE SCHOOL, INC.
Agenda Item 8 ?
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PROPOSED SITE PLAN
CAPE HENRY COLLEGIATE
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RENDERING OF NEW ENTRY
FEATURE AND BLEACHERS
(previously approved Condition [fJ )
,
CAPE HENRY COLLEGIATE
iCHOOL, INC. ,
Agenda Item 8 ?
Page 6 ?
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ZONING HISTORY
# DATE REQUEST ACTION
1 12/04/2012 Modification of Conditions (Athletic Field Approved
07/10/2001 Lighting) Approved
05/23/2000 Modification of Conditions (Additions) Approved
07/14/1988 Modification of Conditions (Additions) Approved
10/05/1987 Modification of Conditions (Additions) Approved
08/27/1971 Modification of Conditions (Additions) Approved
06/21/1971 Modification of Conditions Approved
Conditional Use Permit (Private School
2 11/23/2010 Conditional Use Permit (Communication Tower) Approved
06/08/1999 Conditional Use Permit (Communication Tower A proved
i
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CAPE HENRY COLLEGIATE SCHOOL, INC.
Agenda Item 8 j ?
Page 7
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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: (Atfach list if necessary)
Cape Henry Collegiate School
(See attached list of 2013-2014 Officers and Trustees)
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Atfach lisf if necessary)
? Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete fhis secfion 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 entiiy2
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
CAPE HENRY COLLEGIATE SCHOOL, INC.
Agenda Item 8
Page 8
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 sstate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Tymoff and Moss Architects
NDI/Basgier and Associates
McKenzie Construc#ion Corporation
Williams Mullen
'"Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the vating
power of another corporation." See State and Local Government Confllct of Interests Act, Va.
Code § 2.2-3101,
?"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 entlty, (li) a controlling owner in one entity is also a controlling
owner in the other entiry, or (iii) there is shared management or control beiween 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 entitfes; 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 certffy that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the appHcation 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
underslgned also consents to entry upon the subject property by employees of the Department of
Planning to plr ograph nd view the sft r purposes of processing and evaluating thls appllcation.
CAP HE Y C CHOOL
By ' John P. Lewis
e., i?fln+' . inn ? Print Name
Property Owner's Signature (if different than applicant) Print Name
Modlfication of Condltlons Application
Page 9 of 9
Revlsed 7I1/2013
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DISCLOSURE STATEMENT
CAPE HENRY COLLEGIATE SCHOOL, INC.
Agenda Item 8
Page 9
CAPE HENRY COLLEGIATE
BOARD OF TRUSTEES
2013 - 2014
BOARD OFFICERS
Chair
Mr. Michael R. Gianascoli `89
Vice-Chair Vice-Chair
Mrs. Sybil W. Seth Mr. Ronald M. Kramer
Treasurer
Mrs. Cheryl L. Xystros
Head of School/President
Dr. John P. Lewis
Mr. Thomas H. Atherton III
Mr. B. Franklin Bradley
Mr. David C. Burton
Mrs. Carolyn A. Castleberry
Mc Scot N. Creech
Mr. W. Trent Dudley `88
Mr. Dennis M, Ellmer
FOUNDERS AND TRUSTEES EMERITI
Mr. W. Cecil Carpenter*
Mr. John P. Edmondson*
Mr. Andrew S. Fine
Mr. L. Renshaw Fortier
Mrs. Dow S. Grones*
Mr. Benjamin Huger, II
Mrs. Grace Olin Jordan"
Mr. Bernard W. McCray, Jr,
Mr. James R. McKenry
Mr. Arthur Peregoft'*
Mr. George G. Phillips,lr.
Mr. James P. Sadler*
Mc William J. Vaughan*
Mrs. Anne Dickson Jordan Waldrop
["deceased]
Rev. 10-31-13
5ecretarv
The Honorable Pamela E. Hutchens
TRUSTEES
Mr. John C. Fagan
Mr. James P. Karides
Mr. Kelly L. Law `83
Mr. Craig L. Mytelka
Mr. Christakis J. Paphites
Mr. Lee S. Peregoff `77
Mr. lames H. Sparks
EX-OFFICIO TRUSTEE
Mr. Colin M. Kelly `01, President, 2013-I5
Alumni Association Board of Directors
HEADMASTERS EMERITI
Dr. W. Hugh Moomaw*
Mr. Daniel P. Richardson
DISCLOSURE STATEMENT
CAPE HENRY COLLEGIATE SCHOOL,INC.
Agenda Item 8
Page 10
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: OUTDOOR VENTURES - VIRGINIA BEACH, LLC (Applicant) / CITY OF
VIRGINIA BEACH (Owner).
(a) Conditional Use Permit for outdoor recreational and amusement
facilities (aerial ropes course), 717 & 801 General Booth Boulevard
(GPIN 2416758858; 2416987653; 2416678078). BEACH DISTRICT.
(b) Chanae of Zoninq, Conditional I-1 Industrial to P-1 Preservation.
Located on the northeast side of South Birdneck Road approximately
800 feet south of Bells Road (GPIN 2416678078). BEACH DISTRICT.
MEETING DATE: January 14, 2014
¦ Background:
The applicant requests a Conditional Use Permit (CUP) for Outdoor Recreation
to allow use and development of the site for an outdoor aerial adventure ropes
course. In both the P-1 Preservation and I-1 Industrial Zoning Districts, an
outdoor recreational use [such as the type proposed] is a conditional use. In
conjunction with the aforementioned Conditional Use Permit, the City of Virginia
Beach requests a rezoning of parcels currently zoned I-1 Light Industrial to P-1
Preservation. The City-owned property, currently zoned I-1, is accessed from
Birdneck Road and wraps around the northern side of Ocean Breeze Waterpark.
The I-1 zoning of the property is the result of a rezoning by the previous owner,
who proposed development of the site for office-warehouse type uses.
The applicant requesting the Conditional Use Permit, Outdoor Ventures Group,
LLC, designs, builds and operates Aerial Forest Parks and has been in business
since 2008. For the subject site, they have proposed four main components that
will be developed in two phases.
On October 8, 2013, the City Council adopted an ordinance authorizing the City
Manager to execute an amendment to the Agreement between the City and the
Virginia Aquarium and Marine Science Foundation for the purpose of allowing the
construction of this aerial adventure course. The course, however, cannot be
constructed without approval of this Conditional Use Permit.
¦ Considerations:
Phase I consists of The Aerial Forest Park and The Labyrinth. The Aerial Forest
Park inctudes 12 aerial routes that begin at a centrally located elevated platForm.
Routes will include about 160 elements and obstacles and will be marked
Outdoor Ventures - Virginia Beach, LLC
Page2of3
according to the level of difficulty (ages 5 and up). The Labyrinth is a separate
climbing area that is smaller and much more compact than the Aerial Forest
Park, and its use is reserved for children between 5 and 9 years of age. The
Labyrinth can accommodate up to 24 guests at one time.
With the exception of two to four zip-lines that will traverse over Owls Creek,
Phase I construction will take place between Owls Creek and General Booth
Boulevard and extend north from the existing Marsh Pavilion, a distance of
approximately 1,000 feet.
Phase II consists of "The Adrenalin Tower on Thrill Hill" and "The Owls Creek
Canopy Path." The Adrenalin Tower will consist of dual racing zip-lines spanning
Owls Creek, a Giant Swing, and a 60-foot free fall called the Powerfan. The
Powerfan is an engineered machine that allows an individual to jump and land
safely from a height of 60 feet, while being safely held by a full-harness. There
are no bungee cords or parachute devices used. Safety equipment for the
Powerfan typically fits individuals 9 years of age and older. The Giant Swing
harnesses together multiple individuals into a large swing device, which is pulled
back and up to a height of approximately 40 feet through a winch system. Upon
release, participants will experience 2 G's of force as they swing over the
landscape. Phase II is located on the west side of Owls Creek. Implementation of
Phase II is contingent on a pedestrian bridge being built across Owls Creek.
Further details regarding the project, such as the techniques used for
construction of facilities through the trees and the measures taken to ensure the
safety of the participants, are provided in the attached staff report.
In 2011, City Council adopted the Virginia Aquarium and Owls Creek Area
Master Plan, which by reference, is part of the Comprehensive Plan. As specific
recommendations for this area include an array of outdoor recreational,
educational, and sustainable uses, the request to rezone the northwestern
portion of the subject site to P-1 Preservation is consistent with the vision for this
area as provided by the Master Plan.
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 9-0, to recommend approval of this request to the
City Council with the following conditions:
1. Development of the subject site shall substantially conform to the submitted
conceptual site plan titled, "The Adventure Park at the Virginia Aquarium,"
dated October 1, 2013.
Outdoor Ventures - Virginia Beach, LLC
Page 3 of 3
2. The applicant shall submit all necessary plans and obtain all necessary
permits and inspections from the Planning Department / Permit and
Inspections Division, Health Department, and Fire Department.
3. Approval for the use of any and all shared services or amenities, including but
not limited to parking, restrooms, and/or vehicular access, from facilities
located on adjacent parcels shall be demonstrated by written agreements.
Said written agreements shall be signed by the adjacent property owner(s)
and the applicant, and shall be submitted to the Zoning Administrator prior to
operation.
4. Any portable bathroom facilities shall be screened by a rigid wooden structure
or landscaping. Said portable bathrooms shall not be visible from the public
right-of-way.
5. Hours of operation shall coincide with the hours of operation of the existing
uses at the Marsh Pavilion and Aquarium.
6. There shall be a minimum of one individual that is First Aid and CPR certified
at the site during all activities.
¦ 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 Departme
City Manager: ? ? , ?`Z
BEACH
Outdoor Ventures - Virginia Beacb, L.L.C.
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December 11, 2013 Public
Hearing
APPLICANT:
OUTDOOR
VENTURES
VIRGINIA
BEACH, L.L.C.
APPLICANT & PROPERTY
OWNER:
CITY OF
VIRGINIA
BEACH
STAFF PLANNER: Kristine Gay
REQUEST:
(a) Conditional Use Permit (Outdoor Recreation)
(b) ChanQe of Zoninq (Conditional I-1 Light Industrial to P-1 Preservation)
ADDRESS / DESCRIPTION: 717 & 801 General Booth Boulevard
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
2416758858 BEACH 38.6 Acres I Rezoning Area Greater than 75 dB
2416987653 42.6 Acres I Project Area DNL
2416678078
BACKGROUND / DETAILS OF PROPOSAL
The applicant, Outdoor Ventures - Virginia Beach, LLC, requests a Conditional Use Permit (CUP) for
Outdoor Recreation to allow use and development of the site for an outdoor aerial adventure ropes
course. In both the P-1 Preservation and I-1 Industrial Zoning Districts, outdoor recreational use [such as
the type proposed] is a conditional use. In conjunction with the aforementioned Conditional Use Permit,
the City of Virginia Beach requests a rezoning of parcels currently zoned I-1 Light Industrial to P-1
OUTDOOR VENTURES - VIRGINIA BEACH, L.L.C.
Agenda Item 4
Page 1
Preservation. The map at the beginning of this report shows the area proposed for rezoning hatched in
blue and the area proposed for the Conditional Use Permit hatched in red. The existing I-1 zoning is the
result of a rezoning application by the previous owner, who proposed development of the site for office-
warehouse type uses.
The subject site consists of two parcels, both of which are owned by the City of Virginia Beach. Currently
on the site is the Marsh Pavilion of the Virginia Beach Aquarium. The northwestern parcel fronts on
Birdneck Road and is currently zoned Conditional I-1 Industrial and P-1 Preservation. Located at the
adjoining lot line of the subject parcels are Owls Creek and tidal wetlands. To the east, a pedestrian path
along General Booth Boulevard connects the Marsh Pavilion to the main Aquarium building and the main
parking lot.
The applicant requesting the Conditional Use Permit, Outdoor Ventures Group, LLC, designs, builds and
operates Aerial Forest Parks and has been in business since 2008. For the subject site, they have
proposed four main components which are organized into two phases of construction.
Phase I consists of The Aerial Forest Park and The Labyrinth. The Aerial Forest Park includes 12 aerial
routes that begin at a centrally located elevated platform. Routes will include about 160 elements and
obstacles and will be marked according to the level of difficulty (ages 5 and up). Elements, and the course
in its entirety, are primarily made of wood, rope, and cables. The Labyrinth is a separate climbing area
which is smaller and much more contained than the Aerial Forest Park and is reserved for children
between 5 and 9 years old. The Labyrinth can accommodate up to 24 guests at one time. With the
exception of two to four zip-lines that will traverse over Owls Creek, Phase I construction will take place
between Owls Creek and General Booth Boulevard and extend north from the existing Marsh Pavilion, a
distance of approximately 1,000 feet.
Phase II consists of "The Adrenalin Tower on Thrill Hill" and "The Owls Creek Canopy Path." The
Adrenalin Tower will consist of dual racing zip-lines spanning Owls Creek, a Giant Swing, and a 60-foot
free fall called the Powerfan. The Powerfan is an engineered machine that allows you to jump and land
safely from 60 feet in the air, while being safely held by a full-harness. There are no bungee cords or
parachute devices used. Safety equipment for the PowerFan typically fits individuals 9 years of age and
older. The Giant Swing harnesses multiple individuals into a large swing device, which is then pulled back
and up to about 40 feet in the air by a winch system. Upon the release participants will experience 2 G's
of force as they swing over the landscape. Phase II is located on the west side of Owls Creek.
Implementation of Phase II is contingent on a pedestrian bridge being built across Owls Creek, indicated
as Item 13 on the submitted conceptual site plan.
After parking on site at the existing parking lots, guests will start their adventure by purchasing tickets
inside the Marsh Pavilion. Then, at small structures to the immediate north of the Marsh Pavilion, guests
will be fitted with harnesses and protective gear. Guests will then proceed to a briefing station to learn
how to use the safety gear that will continuously lock onto safety cables along the routes. Once guests
demonstrate the ability to use the climbing gear, they will walk to the main tree platform where all climbing
begins.
The methods used to construct the facilities are extremely sensitive to the existing natural environment.
No heavy construction equipment is used; builders use ropes to secure themselves to trees, and
materials are hauled up for installation using only ropes and pulleys. The primary materials are pressure-
treated wood, rope, and cable. The safety cables and platforms are attached to trees by wrapping cables
around wooden blocks that protect each tree's ability to grow. As trees get larger, the cables can easily
be loosened. In the end, if the aerial routes and platforms were to be removed, it would be extremely
difficult to detect their prior existence.
OUTDOOR VENTURES - VIRGINIA BEACH, L.L.C.
Agenda Item 4
Page 2
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: The site is currently undeveloped The majority of this site is heavily wooded;
there is an open sloping lawn area adjacent to the parking lot of the parcel to the south.
SURROUNDING LAND North: . Vacant wooded area / R-10 Residential District
USE AND ZONING: South: . Waterpark / B-2 Community Business District
. A-12 Apartment District
East: • General Booth Boulevard
• Camp Pendleton / P-1 Preservation District
West: . Birdneck Road
• Undeveloped land / R-10 Residential District
NATURAL RESOURCE AND The site is within the Owls Creek watershed. Minor portions of the
CULTURAL FEATURES: site have been identified as being located within the 100-year
floodplain. Tidal wetlands have also been identified on the site.
Any development involving these sensitive areas is subject to
review and approval by the Army Corps of Engineers and the City
of Virginia Beach Wetlands Board.
COMPREHENSIVE PLAN: Suburban Area
The Comprehensive Plan designates this site as being located within Suburban Focus Area 4. More
specifically, the subject parcels are located within the Entertainment and Education Center Areas of the
Virginia Aquarium and Owls Creek Area Master Plan, adopted by reference as part of the
Comprehensive Plan on December 6, 2011. For this area, the master plan includes expansion space for
existing attractions, creates new indoor and outdoor attractions, and introduces retail, restaurant, and
entertainment space to comprise a mixed-use leisure and entertainment destination. Specific
recommendations for this area include an outdoor adventure park geared toward the adrenalin seeking
visitors with a zip line and high ropes course (p. 3-17).This area has great potential to be a national
example of sustainable growth and economic development geared towards environmental preservation.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Access
to this site is from General Booth Boulevard. In the vicinity of this application, General Booth Boulevard
is a 4-lane major suburban arterial with a variable (120' to 150') right-of-way width. The City's Master
Transportation Plan shows an ultimate 6-lane roadway with a right-of-way width of 165 feet for this
portion of General Booth Boulevard. No roadway CIP projects are currently planned for this portion of
road.
OUTDOOR VENTURES - VIRGINIA BEACH, L.L.C.
Agenda Item 4
Page 3
TRAFFIC: Street Name Present
Volume present Capacity Generated Traffic
General Booth 21,400 ADT 32,500 ADT (Level of Unable to Determine
Boulevard Service "C") - 37,100 due to the mix of
ADT' (Level of Service uses on the site
Average Daily Trips
WATER: This site is currently connected to the City water system. The existing 3-inch meter (City ID
#73589962) and the existing 5/8-inch fire meter (City ID #95019289) can be used or upgraded to
accommodate the proposed development.
SEWER: This site is currently connected to City sanitary sewer. Analysis of Pump Station #143 and the
sanitary sewer collection system is required to ensure any future flows can be accommodated.
EVALUATION AND RECOMMENDATION
The applicant, Outdoor Ventures - Virginia Beach, LLC, requests a Conditional Use Permit (CUP) for
Outdoor Recreation to allow use and development of the site for an outdoor aerial adventure ropes
course, which will be operated in conjunction with the existing use on the site. The proposed use of an
outdoor aerial adventure ropes course is an appropriate and complimentary recreational use at this
location. Operation of the proposed use will work in conjunction with the existing use by sharing
resources such as staff, bathroom facilities, parking, and other interior and exterior site amenities.
Said shared amenities have been addressed in the Condition 2 below.
The proposed development of the site has been broken down into two phases. Construction of Phase II,
which is on the northwestern parcel, is contingent on the City of Virginia Beach constructing a pedestrian
bridge, as shown on the conceptual site plan. This pedestrian bridge will also double as service and
emergency access to the northwestern parcel. Currently, there is an existing service path leading from
General Booth Boulevard into the Phase I area. While Owls Creek is a sensitive natural environment, the
construction techniques outlined by Outdoor Ventures, are extremely minimal and sensitive to the existing
natural environment.
In 2011, City Council adopted the Virginia Aquarium and Owls Creek Area Master Plan, which by
reference, is part of the Comprehensive Plan. As specific recommendations for this area include an array
of outdoor recreational, educational, and sustainable uses, the request to rezone the northwestern portion
of the subject site to P-1 Preservation is consistent with the vision for this area as provided by the Master
Plan.
For the reasons summarized above, staff recommends approval of this application with the conditions
below.
OUTDOOR VENTURES - VIRGINIA BEACH, L.L.C.
Agenda Item 4
Page 4
CONDITIONS
1. Development of the subject site shall substantially conform to the submitted conceptual site plan
titled, "The Adventure Park at the Virginia Aquarium," dated October 1, 2013.
2. The applicant shall submit all necessary plans and obtain all necessary permits and inspections
from the Planning Department / Permit and Inspections Division, Health Department, and Fire
Department.
3. Approval for the use of any and all shared services or amenities, including but not limited to
parking, restrooms, and/or vehicular access, from facilities located on adjacent parcels shall be
demonstrated by written agreements. Said written agreements shall be signed by the adjacent
property owner(s) and the applicant, and shall be submitted to the Zoning Administrator prior to
operation.
4. Any portable bathroom facilities shall be screened by a rigid wooden structure or landscaping.
Said portable bathrooms shall not be visible from the public right-of-way.
5. Hours of operation shall coincide with the hours of operation of the existing uses at the Marsh
Pavilion and Aquarium.
6. There shall be a minimum of one individual that is First Aid and CPR certified at the site during
all activities.
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 applicanf 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.
OUTDOOR VENTURES - VIRGINIA BEACH, L.L.C.
Agenda Item 4
Page 5
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AERIAL OF SITE LOCATION
OUTDOOR VENTURES - VIRGINIA BEACH, L.L.C.
Agenda Item 4
Page 6
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OUTDOOR VENTURES - VIRGINIA BEACH, L.L.C.
Agenda Item 4
Page 7
Examples of Elements
OUTDOOR VENTURES - VIRGINIA BEACH, L.L.C.
Agenda Item 4
OUTDOOR VENTURES - VIRGINIA BEACH, L.L.C.
Agenda Item 4
Page 9
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OUTDOOR VENTURES - VIRGINIA BEACH, L.L.C.
Agenda Item 4
Page 10
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# DATE REQUEST ACTION
1 09/09/2008 Modification of Conditions A roved
06/23/1986 Conditional Use Permit Outdoor Recreation A roved
04/23/1990 Modification of Conditions A roved
02/26/1990 Modification of Conditions A roved
06/11/1991 Modification of Conditions A roved
11/26/1991 Modification of Conditions A roved
04/14/1992 Modification of Conditions A roved
02/11/2003 Conditional Use Permit Indoor Recreation A roved
2 01/27/2004 Conditional Rezonin R-10, A-12, B-2 to I-1 A roved
01/27/2004 Modification of Conditions A roved
3 04/27/2004 Conditional Rezonin R-10, A-12 to I-1 A roved
04/27/2004 Modification of Conditions A roved
4 10/26/2004 Modification of Conditions A roved
5 10/26/2004 Conditional Use Permit Bulk Stora e Yard A roved
6 06/14/2011 Conditional Use Permit Recreational Facility) A roved
06/14/2011 Conditional Rezonin P-1 to B-2 A roved
7 10/25/2011 Conditional Rezonin A-12 to B-2 A roved
OUTDOOR VENTURES - VIRGINIA BEACH, L.L.C.
Agenda Item 4
Page 11
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APPUCAKT DISCI.OSURE
It %e appiicart is s, oa"rabbn. partraerahip, firm, be,sirreis. or other unincvrptyraicd
orflanixaUrc, camplele Me #olbvAng:
1- Uct the pppirsnt nsme lodlowred #ry ttw rams ai sl, otfims, metnbers, truskeea.
partrom, ntc. bektu,r: (Attath ksi ff nwassgry)
' OAdaar Ver,tuuraa =VkVrtFs BencN llG. Csubdnor #+entira Group "ti?ngs, tJ-c
Dahman r4nerm, Ralph £etvappl. John F0ne!F.Werdy 7ornpiehrie, KeFm GcrewK
2. LLisst eq businesse3 thst havic e parent-tt.0skiiaryj ur aftfated bustnen errtity2
tel8tlpn6hip ?srith the aWtant; (AElach fsf O'ne-csss,af?')
Oettdmr Ven9.ue t3trup Hddngs, LLG
DChec* here Ir re appvcant is Nt7Te coWration, partrvershsp, frm, buvness., or
aV)er unir?oorporatsd orgaNzaUan.
AR[3PWt7Y OWhIfR DtSGLOSURE
CompOete tlris ssctinn or?fy f properly 4wner is Merar,t tum appUcanl.
If the psomriy owner is a[orpont+on, partner5hlp, Arm, bUStnCSS. ar oftr
;:n:ncflrpora1erd 4rpanltation, oompiete the follcmiing:
A. l.ir-t the proMrty rnxrer name fatlovred by ee tmmes af ell n3ticers, rr?ernbes,
ii-ugites. panner5. et[ belGw: (Aftactr k31 #r*msiRr))
_ _, _ ..?.... _...__ _
2, List at busneases th8t tav+e a partnt-subsidtery? or 8tfill8ted busfr?ssr, entity,
relatlaftst?o witli t,e SWIcar?i: (Attad? fisr,lrrecessary)
[3 Chack htrt itttir prdpt€ty owT*t is NC1Ta ccrp(YatiDn, pat#t'Setthip, frn,
busA1eB8. Or otE?ier uniRCvporeted a:is?i?abon.
& S? ntrl prtg? ksr fts?r??lra
Loc & q n cffical or employec ot the Cityr of 4''irpInia Be8t:!a havE ari ir,iertsi in the
sub;ecl land7 Yes , . _ tdD "
If yes, vAN =nt :3 ;Jv riz-vt.e. cf 3hc oficid or Ern;.oyee ."orid Mc nctve c1 #heii Irtleteal?
Ftu,7E^.'ty'C±?,'-ris Gity d! %rir@fr.y. E'ten Cf'i
DISCLOSURE STATEMENT
OUTDOOR VENTURES - VIRGINIA'BEACH, L.L.C.
Agenda Item 4
Page 12
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liiit eN km+wrN conbaturs wWslnesset thsl Frave or will prgylCfe genriceN with respeo
to ft mquesed proPwtY use, wxluthng taL1 nat qmftd to It,c prayides of amhjjeeuml
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pow& o/ anather carpxrvbC?h ' S'oe St1Me Br7d Ltaeal Gmmrrenlt CprTiic10t tnWaqt; Ati, V"a
: odo § 22-3 t0l.
"AftabId bUsinem erft n9r3tlangft' tnearse "2 teW10nahi0, nOw ihen pmm4-
Bt+bWW,#Y retabonWitp, dM laciak when (1) 0?is buelness ac?liy tties a
a e
inRet4ad fn the s? bu?r? e?t y ? py?
dtf+ (4) e cawd" awher in one trility is aIlo a conmwV
ownw ln Ote eMw *ttity, vor (41) ittsre is ahaflad rnmugertm" or va*al bvwem fhc twinesp
or?1Oes. FtithRe ttat ehouTd po amdm?ed in dstemrm*V tv mdal,er= cf an aWoobd
auorwss enoty m*iorsnlp k?ck,de thM tne senm o*? or aubftntialyr +tia game P&W,
s»wn w menWe the tft entltle% b!t? ?e awmKV# ar cnmr?tKglad itmds rw asseft; ltte
bLWnem erviltiee atnsne Nm ttse at the sernit oWcas ut r,oyees or olhuvAse ail`iAre ectMtio*,
moutmeB or penc+ww or iR reg4iir bamie; or them i6 adw%4m sdme wa fidng telAtans4
belwaetr thea bnh`ties." 54w SO* ar+c Lncoi Gdv43?wment t'.orAim aF Inietees A4 1/* Gade 1
22-31Q1.
CERT{F1CA'TiC7N; j avft tut me #psmrsiiw cargw,*d harairr ta av+a ard momrabe.
1 UtNa8fd811d ifw, U,ZtFt rF06IPC i11f fibdkmWn 0001caM) q't6t ft aWimMr IlYt Deicaschwllesi ior
Pubk- hOMng. 1 am rqepptrei6de torabltiInRrya Llqtd Pastft !he ftouimd sq, oR cihe sut?'g?,y ?rmwT+,l+ ?i
IPga13D g,aYe PrAetri fher sci!wduAa9 p4lbfe fiamnn styaldlr1Q k 1hli +elitrWtiof•x In ltik par.hwLt, PIe
urrrdttipr*ed rio rmpnrrks 1o efty „pon tne #;bjed prvg" by enVIqyms or uer DqpWmtnc of
Plarmina tD chologB9h tha rmw ?lV s,iB RaT PLffP3r*4 V woCe3xng Qnd eVtkwNrv 1f516 apf1j;9p0ij.
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DISCLOSURE STATEMENT
OUTDOOR VENTURES - VIRGINIA BEACH, L.L.C.
Agenda Item 4
Page 13
DISCL4SURE STATEMENT
APPLlCANT OISCLt}SUItE
If the applicant is a oDrporaUon, parWpership, tirm, lusiness, or olher uniricorporated
vrganization, oompbte the foNawing.
1. List tii* appliCant narr?e follovMed by the names of ali o#Ficers, mmb$rs, bustees,
partners, eic, belaw: (Altachlist N necessary)
City of Vrginis BeaW
2. List ail busir?esses Ihat have a parent-subsidlaryi ar a#filiated businiess entiv
r+elationehip wilh the applicarrt: (tl#tach Ns# If necosser}')
V\l Checlc here If the appiicant is 1WOT a corporation, parmership, firm, buslness, or
other uninwrporated organlzaUan.
PRf3PERTY OWNER CIISCLOSUFtE
Comalete fhis section w?!j+ if p'apwtY owner is different from applicant.
ff the property owner is a wrporati4n. partnership, firm, business, or$ther
unlnoarpnrated organization, oamplete the fflllowing:
1. l,ist the pmper4y owner rame folbw+ed by the names of all offfoers, members,
trustees. Partners, eRc. below: (Attech fist i/ necessery)
2. Lisi aA businesees that have a parent-subsidiarj+' ar affiliated business enw
ratationship with the applcanC (Aflach W ff rrecessary')
F? Chreck here if the pra,perty owner is N07a cDqporation, f,rartnershJp, firm,
buskroess, Or Othef unhltXxpqr,at2d pfgaNZafnan,
$ See nexl page Ftx fvylnt?bes
Does an officlal or em foyee of City of Virgir? Beach have an interest In the
svbjsdl land? Yes Mo
If yes, what Is the narrre af the afficial of employee and the nature ot their interost?
ciky-awned PmPartY
Rata+irVApplicUWn
F'e.X 9 0! e4
FLroisec 11W26+1
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DISCLOSURE STATEMENT
OUTDOOR VENTURES - VIRGINIA BEACH, L.L.C.
Agenda Item 4
Page 14
?
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0
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9
DISCLt.1SURE STATEMENT
ADOITIONAL OISCLOSURES
LIst ail knawn coritradors of cusinsassB that have or w+lt providr servicn wiith respect
to the requesbed property use, indudop but nut Ifmned 6n fhe Protidsrs d arcl,ftedural
aeraiaes, real sstata servloes, finandal scrvrces, atnounting serwees, and kga1
serviaes; (A11ach ilst $neceasary)
,"ParerA-suEsmdrary rataFionahip' mbarsa "a t+alelionsh,p ihai exis19 when bre
cctpnrition dimctly or tndfractty dwr,s aheres po9asssing mare Men bt} percant of ihe voNnp
powee of enot/?er corparabon " SQe State 3nd LbGal Govemtftn! Ctirrdlid of inte+rea4s Att, Va.
i:nde § 7 2•3101
"Athfefed busaneas c:ntfty r81abonship' rneanS "a tetaGonsnip ait?tlt tna!'I Pwenf-
subsidietry relatinnahip, drai exiata when Ci) orne Ixiaanass en3iccy hog a eoaitrolling ownerghtp
inCereet is+ Ine ot?vr businesa enWy, (ii) a c4rrtrolling owner en ane erzilKy is aksa a mMrolling
owner In the oUitw s", or (W) mem Is Shand rmnagem+ant ar wntrai tetwson ttw tweinesa
untibas Farators thed 6hould be aangiosred in determining tr++e exiaterwe a1 an affiiieted
6usineee erMiiy refatlonsnlp mclude ihet the same Cecsm ar substantiMy the serpe (jer&an
cw+n ot man8ge IM two anttti": thate ar? ctvnmon or commingloci tunds or aaseSs: thes
buaWrress ai+1ill" stare the uee of tha same dFficea of ernpwyeos of otfief*se share acIN+lies,
resouroea or pemonnel nn o ragular hasis; ar lr+s*e ie nMervriee a dosa vwdrking reWonghla
between Ehe eMebes ' See 5tate and Lvcal Gavemmenl Canfltct ut fntereats Fict. Va. Cdde §
a.z-31o,.
CERTIFiCAT10N; i cmdN Ihat tne intarmsbon onntained tsratn Is pue Pnd aocureW.
I urtdwstand thel- spon reeeipt of nd1ikecrvn (pasicanq) fte Iht eppliqtion heg p}on wheduletl 10
puhlic heering, I sm rt?wwm%fte tor obtefnlRg atiil paAng tlhe requlred sign oh 1tre auDlect propwty al
IoeBt 30 tleys pNnP hi Itrm scSledUl9d pUbte hwarinp aGCarD+g to KiE ir+spvCUon6 In tltf8 pwclcWe fhe
u++a"gnarf vso conaents ro;pnIryr upari tne aubllad vroper?y by r.mpdvyaee c11ne [lepvirtrmnt af
P+amirq Do photvWo w,yt'4+ew the aile for pwspose:g nf prviceseing sn4 evaluaM+y 1hlr, eppilra`uan
A4ichael J. K81Ybr1, P$R D+reqwr
A+"? Nym
Jarres K. SqnrE. City Manager
Pflnl Name
Her Ong >.:Xiimtmn
%npr $tlot I a
F"M1 +i ? 1-2t1i,
DISCLOSURE STATEMENT
OUTDOOR VENTURES - VIRGINIA BEACH, L.L.C.
Agenda Item 4
Page 15
Item #4
Outdoor Ventures - Virginia Beach, L.L.C.
(a) Conditional Use Permit
717 & 801 General Booth Boulevard
(b) Change of Zoning
Northeast side of South Birdneck Road
District 6
Beach
December 11, 2013
CONSENT
An application of Outdoor Ventures - Virginia Beach , L.L.C. for (a) Conditional Use Permit
(Outdoor Recreation); and (b) Change of Zoning (Conditional I-1 Light Industrial to P-1
Preservation) on property located at 717 & 801 General Booth Boulevard, District 6, Beach.
GPIN: 2416758858; 2416987653; 2416678078.
CONDITIONS
1. Development of the subject site shall substantially conform to the submitted conceptual
site plan titled, "The Adventure Park at the Virginia Aquarium," dated October 1, 2013.
2. The appticant shall submit all necessary plans and obtain all necessary permits and
inspections from the Planning Department / Permit and Inspections Division, Health
Department, and Fire Department.
3. Approval for the use of any and all shared services or amenities, including but not limited to
parking, restrooms, and/or vehicular access, from facilities located on adjacent parcels shall
be demonstrated by written agreements. Said written agreements shall be signed by the
adjacent property owner(s) and the applicant, and shall be submitted to the Zoning
Administrator prior to operation.
4. Any portable bathroom facilities shall be screened by a rigid wooden structure or
landscaping. Said portable bathrooms shall not be visible from the public right-of-way.
5. Hours of operation shall coincide with the hours of operation of the existing uses at the
Marsh Pavilion and Aquarium.
6. There shall be a minimum of one individual that is First Aid and CPR certified at the site
during all activities.
7. The hours of operation shall be no earlier than 7:00 am and no later than 12:00 midnight,
and shall coordinate with the hours of operation of the existing uses at the Marsh Pavilion
and Aquarium.
Item #4
Outdoor Ventures -Virginia Beach, L.L.C.
Page 2
AYE 9 NAY 0
BERNAS AYE
FELTON AYE
H EN LEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RI PLEY AYE
RUCINSKI AYE
RUSSO
THORNTON
By a vote of 9-0, the Commission approved item 4 by consent.
ABS 0 ABSENT 2
ABSENT
ABSENT
Cynthia Spanoulis appeared before the Commission.
-,.
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ro ;
,:`
J?
CITY OF VIRGINIA BEACH
AGENDAITEM
ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Allow Antique Shops within
Buildings Listed on the Virginia Beach Historical Register as a Conditional Use in
the AG-1 and AG-2 Agricultural Districts.
MEETING DATE: January 14, 2014
¦ Background:
The amendments will allow antique shops as a Conditional Use within buildings
listed on the Virginia Beach Historical Register in the AG-1 and AG-2 Agricultural
Districts. Section 111 of the City Zoning Ordinance defines an `antique shop' as
follows:
A retail store, not exceeding three thousand (3,000) square feet, where
manmade articles at least one hundred (100) years old are offered for sale
and cover at least fifty (50) percent of the display floor area.
¦ Considerations:
The proposed amendment responds to a recent request for such use by owners of a
historic home in the southern portion of the City. Museums, art galleries, animal
hospitals, borrow pits, child care centers, country inns, indoor recreation facilities
and the retail sale of garden supplies are all Conditional Uses in the Agricultural
Districts. An antique shop, as defined, will be very similar to an art gallery use and
should have less impact than other allowed conditional uses.
The amendment has been reviewed by the Agricultural Advisory Committee and
recommended for approval. It will provide an additional opportunity in the rural area
for buildings listed on the Virginia Beach Historical Register to be preserved. Each
proposal can be assessed individually through the conditional use permit process.
Staff recommends approval of the amendment.
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 9-0, to recommend approval of this request to the City
Council.
¦ Attachments:
Staff Review
Ordinance
City of Virginia Beach - Antique Shops
Page2of2
Minutes of Planning Commission Hearing
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: ? ? ?,
14
December 12, 2013 Public Hearing
CITY OF VIRGINIA BEACH
AMENDMENT TO ZONING
ORDINANCE / ANTIQUE SHOPS IN AG
REQUEST:
An Ordinance to Allow Antique Shops within Buildings Listed on the Virginia Beach Historical Register as
a Conditional Use in the AG-1 and AG-2 Agricultural Districts.
SUMMARY OF AMENDMENT
The amendments will allow antique shops as a Conditional Use within buildings listed on the Virginia
Beach Historical Register in the AG-1 and AG-2 Agricultural Districts. Section 111 of the City Zoning
Ordinance defines an 'antique shop' as follows:
A retail store, not exceeding three thousand (3,000) square feet, where manmade articles at least
one hundred (100) years old are offered for sale and cover at least fifty (50) percent of the display
floor area.
RECOMMENDATION
The proposed amendment responds to a recent request for such use by owners of a historic home in the
southern portion of the City. Museums, art galleries, animal hospitals, borrow pits, child care centers,
country inns, indoor recreation facilities and the retail sale of garden supplies are all conditional uses in
the Agricultural Districts. An antique shop, as defined, will be very similar to an art gallery use and should
have less impact than other allowed conditional uses.
The amendment was reviewed by the Agricultural Advisory Committee and recommended for approval. It
will provide an additional opportunity in the rural area for buildings listed on the Virginia Beach Historical
Register to be preserved. Each proposal can be assessed individually through the conditional use permit
process. Staff recommends approval of the amendment.
CITY OF VIRGINIA BEACH f Antique
Shops in AG-1 & AG-2 Districts
Agenda IteM 14
Page 1
Item #14
City of Virginia Beach - Antique Shops in Agricultural Districts
December 11, 2013
CONSENT
SUMMARY OF AMENDMENT
The amendments will allow antique shops as a Conditional Use within buildings listed on the
Virginia Beach Historical Register in the AG-1 and AG-2 Agricultural Districts. Section 111 of the
City Zoning Ordinance defines an 'antique shop' as follows:
A retail store, not exceeding three thousand (3,000) square feet, where manmade articles at
least one hundred (100) years old are offered for sale and cover at least fifty (50) percent of the
display floor area.
AYE 9 NAY 0 ABS 0 ABSENT 2
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO ABSENT
THORNTON ABSENT
By a vote of 9-0, the Commission approved item 14 by consent.
Karen Lasley appeared before the Commission.
1 AN ORDINANCE TO ALLOW ANTIQUE SHOPS
2 WITHIN BUILDINGS LISTED ON THE VIRGINIA
3 BEACH HISTORICAL REGISTER AS A
4 CONDITIONAL USE IN THE AG-1 AND AG-2
5 AGRICULTURAL DISTRICTS
6
7 Section Amended: City Zoning Ordinance Section
8 401
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 VIGINIA BEACH,
14 VIRGINIA, VIRGINIA:
15
16 That Section 401 of the City Code is hereby amended and reordained to read as
17 follows:
18
19
20 ARTICLE 4. AGRICULTURAL DISTRICTS
21
22 ....
23
24 Sec. 401. Use regulations.
25
26 (a) Principal and conditional uses. The following chart lists those uses
27 permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in
28 the respective agricultural districts shall be permitted as either principal uses indicated
29 by a"P" or as conditional uses indicated by a"C." Uses and structures indicated by an
30 "X" shall be prohibited in the respective districts. No uses or structures other than as
31 specified shall be permitted.
32
33 Use AG-1 AG-2
34
35 ....
36
37 Antique shops except as provided
38 below X X
39
40 Antique shops within buildinqs listed
41 on the Virqinia Beach Historical Reqister C C
42
43 ....
44
45
46
47
48 COMMENT
49
50 The amendments allow antique shops within buildings listed on the Virginia Beach
51 Historical Register as a conditional use in the AG-1 and AG-2 Agricultural Districts. Section 111 of
52 the City Zoning Ordinance defines the use as follows:
53
54 Antique shop. A retail store, not exceeding three thousand (3,000) square feet, where manmade
55 articles at least one hundred (100) years old are offered for sale and cover at least fifty (50) percent
56 of the display floor area.
Adopted by the City Council of the City of Virginia Beach on the day of
.2014.
APP
CA-12830
R-1
October 28, 2013
CONTENT
APPROVED AS TO LEGAL SUFFICIENC :
.
City Attorney's Office
2
e
S`.' nens: Si
4 ?
'i
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 111
(`Definitions') of the City Zoning Ordinance Pertaining to the Definition of a
Dwelling.
MEETING DATE: January 14, 2014
¦ Background:
The proposed amendment will revise the current definition of a dwelling:
A room or rooms connected together, constituting an independent housekeeping
unit for a family, and containing a single kitchen.
This has been the definition of a dwelling unit since the adoption of the Comprehensive
Zoning Ordinance in 1973. At that time, the definition was appropriate and helped
prevent single-family dwellings from being converted to illegal duplexes. Currently, since
the definition of a dwelling states that a dwelling can have only 'a single kitchen,' and the
definition of a`kitchen' states that only one stove is allowed per dwelling unit, dwellings
can have only one stove.
This definition has proven to be increasingly problematic. First, with regard to preventing
illegal dwelling units, the nature of a`kitchen' has evolved during the past 40 years, and
there are now 'kitchens' that have no stoves. For example, many today are willing to
have a housekeeping unit with just a refrigerator and a microwave oven. Second, some
owners of very large homes desire to have a second kitchen in a remote part of the
home for convenience. Elaborate outdoor kitchens have also become popular. Virginia
Beach has become more diverse and some religions require certain foods to be
prepared separate from other foods, which is resulting in requests for two kitchens within
one dwelling unit. Also, the increasing trend of working at home has resulted in some
specific home occupations that rely on special types of stoves and ovens such as a
specialized oven for baking various food items for sale elsewhere, a second stove or
oven for use in preparing 'gourmet' meals and a specialized oven for creating various
forms of art.
Consistent with these trends, staff has received an increasing number of requests for a
second stove or oven, but has been forced to deny such requests based on the
definition of a dwelling and its corresponding connection to the definition of a kitchen. A
recent request by a homeowner in the Centerville District led the District Councilperson
to request staff evaluate the existing definition of a dwelling unit.
City of Virginia Beach - Definition
of a Dwelling Unit
Page2of2
¦ Considerations:
Research by staff pertaining to the definition of dwelling units in various zoning
ordinances locally and across the nation found that very few include the 'kitchen
provision' contained in the City Zoning Ordinance. The vast majority of the definitions
mirror the definition of a dwelling unit provided by the International Building Code (IBC):
A single unit providing complete, independent living facilities for one or more
persons, including permanent provisions for living, sleeping, eating, cooking, and
sanitation.
This definition provides a comprehensive description of the commonly understood
characteristics of a dwelling.
Staff, therefore, has drafted a definition of a dwelling that is more consistent with the IBC
definition. Staff has, however, retained the description of a'single unit' as "a room or
rooms connected together" since such a description provides a means of ensuring that
one dwelling unit is not divided into two units without the requisite permits in districts
where such division is not allowed. Retaining the reference to a"family," helps reinforce
that a dwelling unit can only be occupied by a family, as defined by the City Zoning
Ordinance. Staff's recommended definition is as follows:
A room or rooms connected together, constituting an independent housekeeping
unit for a family and including permanent provisions for living, sleeping, eating,
cooking, and sanitation.
The proposed amendment to the Zoning Ordinance updates the definition of a dwelling
unit such that it responds to current market trends and lifestyles. The definition will also
provide greater consistency throughout the City's development ordinances due to the
use of a common definition found in both zoning regulations and building regulations.
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 9-0, to recommend approval of this request to the City Council.
¦ Attachments:
Staff Review
Minutes of Planning Commission Hearing
Ordinance
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: ? . r
13
December 12, 2013 Public Hearing
CITY OF VIRGINIA BEACH
AMENDMENT TO ZONING
ORDINANCE / DEFINITION OF A DWELLING
REQUEST:
An Ordinance to Amend Section 111 (`Definitions') of the City Zoning Ordinance Pertaining to the
Definition of a Dwelling.
SUMMARY OF AMENDMENT
The proposed amendment revises the current definition of a dwelling:
A room or rooms connected together, constituting an independent housekeeping unit for a family,
and containing a single kitchen.
This definition has existed as part of the zoning regulations since the adoption of the Comprehensive
Zoning Ordinance in 1973. In 1973, the definition was appropriate and helped prevent single family
dwellings from functioning as illegal duplexes. In combination with the definition of a"kitchen," which
states that only one stove is now allowed per dwelling unit, today dwelling units are permitted to have only
one stove.
This definition has proven to be increasingly problematic and it no longer prevents multiple units within
one home. For example, today many are willing to have a housekeeping unit with just a refrigerator and a
microwave oven. In addition, some owners of very large homes desire to have a second kitchen in a
remote part of the home for convenience. Elaborate outdoor kitchens have also become popular. Virginia
Beach has become more diverse and some religions require certain foods to be prepared separately
resulting in requests for two kitchens within one dwelling unit. The increasing trend of working at home
has resulted in some specific home occupations that rely on special types of stoves and ovens such as a
specialized oven for baking various food items for sale elsewhere, a second stove or oven for use in
preparing 'gourmeY meals and a specialized oven for creating various forms of art.
Consistent with these trends, staff has received an increasing number of requests for a second stove or
oven, but has been forced to deny such requests based on the definition of a dwelling and its
corresponding connection to the definition of a kitchen. A recent request by a homeowner in the
Centerville District led the District Councilperson to request staff evaluate the existing definition of a
dwelling unit.
Research by staff pertaining to the definition of dwelling units in various zoning ordinances locally and
across the nation found that very few include the `kitchen provision' contained in the City Zoning
CITY OF VIRGINIA BEACH / Defnition.
of ?.Dwelling Unit
Agenda Itero 13
Page 1
Ordinance. The vast majority of the definitions mirror the definition of a dwelling unit provided by the
International Building Code (IBC):
A single unit providing complete, independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking, and sanitation.
This definition provides a comprehensive description of the commonly understood characteristics of a
dwelling.
Staff, therefore, has drafted a definition of a dwelling that is more consistent with the IBC definition. Staff
has, however, retained the description of a`single unit' as "a room or rooms connected together" since
such a description provides a means of ensuring that one dwelling unit is not divided into two units
without the requisite permits in districts where such division is not allowed. Retaining the reference to a
"family," helps reinforce that a dwelling unit can only be occupied by a family, as defined by the City
Zoning Ordinance. Staff's recommended definition is as follows:
A room or rooms connected together, constituting an independent housekeeping unit for a family
and including permanent provisions for living, sleeping, eating, cooking, and sanitation.
RECOMMENDATION
The proposed definition updates the definition of a dwelling unit such that it responds to current market
trends and lifestyles. The definition will also provide greater consistency throughout the City's
development ordinances due to the use of a common definition found in both zoning regulations and
building regulations.
Staff recommends approval.
CITY OF VIRGINIA BEACH / Definition
of a Dwelling Unit
Agenda Itern 13
Page 2
Item #13
City of Virginia Beach - Definition of Dwelling
An Ordinance to amend Section 111 (definitions) of the City Zoning Ordinance
Pertaining to the Definition of Dwelling
December 11, 2013
CONSENT
SUMMARY OF AMENDMENT
The proposed amendment revises the current definition of a dwelling:
A room or rooms connected together, constituting an independent housekeeping unit for a
family, and containing a single kitchen.
This definition has existed as part of the zoning regulations since the adoption of the
Comprehensive Zoning Ordinance in 1973. In 1973, the definition was appropriate and helped
prevent single family dwellings from functioning as illegal duplexes. In combination with the
definition of a"kitchen," which states that only one stove is now allowed per dwelling unit,
today dwelling units are permitted to have only one stove.
This definition has proven to be increasingly problematic and it no longer prevents multiple
units within one home. For example, today many are willing to have a housekeeping unit with
just a refrigerator and a microwave oven. In addition, some owners of very large homes desire
to have a second kitchen in a remote part of the home for convenience. Elaborate outdoor
kitchens have also become popular. Virginia Beach has become more diverse and some
religions require certain foods to be prepared separately resulting in requests for two kitchens
within one dwelling unit. The increasing trend of working at home has resulted in some specific
home occupations that rely on speciai types of stoves and ovens such as a specialized oven for
baking various food items for sale elsewhere, a second stove or oven for use in preparing
'gourmet' meals and a specialized oven for creating various forms of art.
Consistent with these trends, staff has received an increasing number of requests for a second
stove or oven, but has been forced to deny such requests based on the definition of a dwelling
and its corresponding connection to the definition of a kitchen. A recent request by a
homeowner in the Centerville District led the District Councilperson to request staff evaluate
the existing definition of a dwelling unit.
Research by staff pertaining to the definition of dwelling units in various zoning ordinances
localiy and across the nation found that very few include the 'kitchen provision' contained in
the City Zoning Ordinance. The vast majority of the definitions mirror the definition of a
dwelling unit provided by the International Building Code (IBC):
Item #13
City of Virginia Beach - Definition of Dwelling
Page 2
A single unit providing complete, independent living facilities for one or more persons,
including permanent provisions for living, sleeping, eating, cooking, and sanitation.
This definition provides a comprehensive description of the commonly understood
characteristics of a dwelling.
Staff, therefore, has drafted a definition of a dwelling that is more consistent with the IBC
definition. Staff has, however, retained the description of a'single unit' as "a room or rooms
connected together" since such a description provides a means of ensuring that one dwelling
unit is not divided into two units without the requisite permits in districts where such division is
not allowed. Retaining the reference to a"family," helps reinforce that a dwelling unit can only
be occupied by a family, as defined by the City Zoning Ordinance. Staff's recommended
definition is as follows:
A room or rooms connected together, constituting an independent housekeeping unit for a
family and including permanent provisions for living, sleeping, eating, cooking, and sanitation.
AYE 9 NAY 0 ABS 0 ABSENT 2
BERNAS AYE
FELTON AYE
H E N LEY AYE
HODGSON AYE
HORSLEY AYE
LI VAS AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO ABSENT
THORNTON ABSENT
By a vote of 9-0, the Commission approved item 13 by consent.
Karen Lasley appeared before the Commission.
1 REQUESTED BY COUNCILMEMBER ROBERT M. DYER
2
3 AN ORDINANCE TO AMEND SECTION 111
4 (DEFINITIONS) OF THE CITY ZONING
5 ORDINANCE PERTAINING TO THE
6 DEFINITION OF "DWELLING UNIT"
7
8 Section Amended: City Zoning Ordinance § 111
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 111 of the City Zoning Ordinance is hereby amended and
17 reordained to read as follows:
18
19 Sec. 111. Definitions.
20
21 For the purpose of this ordinance, words used in the present tense shall include the
22 future; words used in the singular number include the plural and the plural the singular;
23 the use of any gender shall be applicable to all genders; the word "shall" is mandatory;
24 the word "may" is permissive; the word "land" includes only the area described as being
25 above mean sea level; and the word "person" includes an individual, a partnership,
26 association, or corporation.
27
28 In addition, the following terms shall be defined as herein indicated; provided that in
29 the event a term defined in this section is defined differently in the regulations of any
30 form-based district, the latter definition shall control if the property to which the definition
31 applies is located in the form-based district:
32
33 ....
34
35 Dwelling unit. A"dwelling unit" is a room or rooms connected together,
36 constituting an independent housekeeping unit for a family; and rnntr+ininn a s;.,nlo
37 kitsben includinq permanent provisions for livinq sleeping eatinq cookinq and
38 sanitation.
39
40 ....
41
42
43 COMMENT
44
45 The present definition of a"dwelling unit" does not allow a single-family dwelling to have
46 two kitchens. This amendment will allow two kitchens if the dwelling is still being used as a single-
47 family unit.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
.. ?. ?
?
Planning epa ment City Attorney s O ice
CA12823
R-4
January 8, 2014
2
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 201 of the
City Zoning Ordinance (Yards) to allow existing structures located in a required
yard to be raised for flood protection.
MEETING DATE: January 14, 2014
¦ Background:
Currently, a property owner with a nonconforming residential structure that is legally
located within a side, rear, or front yard and is also within a Special Flood Hazard
Area cannot increase the height of the structure. To do so requires approval of a
variance from the Board of Zoning Appeals (BZA).
¦ Considerations:
This amendment allows nonconforming residential structures which are legally
located in side, rear, or front yard setbacks to be raised for flood protection (without
requiring a variance from the Board of Zoning Appeals), as long as it is in the same
structural footprint and is located in a Special Flood Hazard Area. This should make
the raising of such structures easier for the owner of the property.
The amendment is a result of discussion that occurred during the recent
amendments to various development ordinances pertaining to floodplains.
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 9-0, to recommend approval of this request to the City
Council.
¦ Attachments:
Staff Review
Minutes of Planning Commission Hearing
Ordinance
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen
City Manager: ? V :?j ty;'-,
Item #16
City of Virginia Beach - Section 201 (Floodplains)
An Ordinance to amend Section 201 of the City Zoning Ordinance (Yards) to allow
existing structures located in a required yard to be raised for fiood protection
December 11, 2013
CONSENT
SUMMARY OF AMENDMENT
This amendment allows nonconforming residential structures which are legally located in side,
rear, or front yard setbacks to be raised for flood protection (without requiring a variance from
the Board of Zoning Appeals), as long as it is in the same structural footprint and is located in a
Special Flood Hazard Area. This should make the raising of such structures easier for the owner
of the property.
AYE 9 NAY 0 ABS 0 ABSENT 2
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUS50 ABSENT
THORNTON ABSENT
By a vote of 9-0, the Commission approved item 16 by consent.
Karen Lasiey appeared before the Commission.
1 AN ORDINANCE TO AMEND SECTION 201
2 OF THE CITY ZONING ORDINANCE
3 (YARDS) TO ALLOW EXISTING
4 STRUCTURES LOCATED IN A REQUIRED
5 YARD TO BE RAISED FOR FLOOD
6 PROTECTION IN A SPECIAL FLOOD
7 HAZARD AREA
8
9 Section Amended: City Zoning Ordinance § 201
10
11 WHEREAS, the public necessity, convenience, general welfare and good zoning
12 practice so require;
13
14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA:
16
17 That Section 201 of the City Zoning Ordinance is hereby amended and
18 reordained to read as follows:
19 Sec. 201. Yards.
20 (a) Genera/. All required yards shall be unobstructed by any structure or other
21 improvement which exceeds sixteen (16) inches in height as measured from ground
22 elevation; provided, however, the following improvements may be located in a yard:
23 ....
24 (10) Existinq nonconforminq residential structures located in a Special
25 Flood Hazard Area as defined in Section 1.3 of the Floodplain
26 Ordinance which are raised for flood protection, mav extend into
27 required vards provided that the structure remains within the same
28 footprint as the oriqinal structure.
29
30 COMMENT
31 This amendment allows nonconforming residential structures which are legally located in
32 side, rear or front yard setbacks to be raised for flood protection, as long as it is in the same
33 footprint, and is located in a Special Flood Hazard Area, without requiring a BZA variance. This
34 should make the raising of such structures easier for the homeowner.
35
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
/ ,• l ? ' ?? ?,? ,
Plannin Department City Attorney s Office
CA12842/R-1/November 18, 2013
?
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend the Comprehensive
Plan by Adopting the Urban Forest Management Plan Providing for Policy
Guidance, Goals and Objectives to Protect and Enhance the Urban Forest and
Revising the Policy Document.
MEETING DATE: January 14, 2014
¦ Background:
This proposed amendment to the Comprehensive Plan will adopt by reference the Urban
Forest Management Plan (UFMP), which will result in the UFMP being part of the
Comprehensive Plan.
¦ Considerations:
In early 2012, the City began an internal and external planning process to develop a plan
for managing the city's `urban forest.' Early in the process, representatives from each
department that affects the city's urban forest met monthly for six months. During those
meetings the state of the city's urban forest, the benefits it provides, interdepartmental
coordination, and goals/objectives for this plan were all discussed. External
stakeholders were involved through two public meetings, in spring of 2013, one for the
northern watersheds and one for the southern watersheds. Feedback was obtained
through questionnaires provided at the meeting and posted on the city's Virtual Town
Hall. Presentations with requests for feedback were also made to many civic groups,
such as the Parks and Recreation Commission, Envision Virginia Beach 2040
Implementation Committee, Virginia Beach Beautification Commission and Clean
Waters Task Force. Together, these discussions and feedback form the basis of this
plan.
The purpose of the plan is to provide analysis, evaluation, and strategies to ensure the
numerous benefits of the urban forest are understood and that trees are viewed as an
effective way to meet many environmental and social challenges communities face. The
Plan provides a broad range of actions that will sustain a healthy and vibrant urban
forest in Virginia Beach. This plan looks over a 20-year horizon and recommends
specific steps the city can take to protect and enhance the cherished environment that
trees help create. The Urban Forest Management Plan includes a goal to increase city-
wide canopy from 36% to 45% over the next 20 years.
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 9-0, to recommend approval of this request to the City Council.
City of Virginia Beach - Urban Forest Management Plan
Page2of2
¦ Attachments:
Staff Review
Minutes of Planning Commission Hearing
Urban Forest Management Plan (separate cover)
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency
City Manager. k
: Planning Departme All
?mt
17
December 12, 2013 Public Hearing
CITY OF VIRGINIA BEACH
AMENDMENT TO COMPREHENSIVE
PLAN / URBAN FOREST PLAN
REQUEST:
An Ordinance to Amend the Comprehensive Plan by Adopting the Urban Forest Management Plan
Providing for Policy Guidance, Goals and Objectives to Protect and Enhance the Urban Forest and
Revising the Policy Document.
SUMMARY OF AMENDMENT
In early 2012, the City began an internal and external planning process to develop a plan for managing
the city's `urban forest.' Early in the process, representatives from each department that affects the city's
urban forest met monthly for six months. During those meetings the state of the city's urban forest, the
benefits it provides, interdepartmental coordination, and goals/objectives for this plan were all discussed.
External stakeholders were involved through two public meetings, in spring of 2013, one for the northern
watersheds and one for the southern watersheds. Feedback was obtained through questionnaires
provided at the meeting and posted on the city's Virtual Town Hall. Presentations with requests for
feedback were also made to many civic groups, such as the Parks and Recreation Commission, Envision
Virginia Beach 2040 Implementation Committee, Virginia Beach Beautification Commission and Clean
Waters Task Force. Together, these discussions and feedback form the basis of this plan.
The purpose of the plan is to provide analysis, evaluation, and strategies to ensure the numerous benefits
of the urban forest are understood and that trees are viewed as an effective way to meet many
environmental and social challenges communities face.
This ordinance amends the Comprehensive Plan by adoption of the Urban Forest Management Plan.
The current provisions of the Plan pertaining to Urban Forestry are revised to reflect the adoption and
relevant provisions of the Urban Forest Management Plan.
RECOMMENDATION
The Urban Forest Management Plan is a result of extensive community participation. The Plan provides
a broad range of actions that will sustain a healthy and vibrant urban forest in Virginia Beach. This plan
looks over a 20-year horizon and recommends specific steps the city can take to protect and enhance the
cherished environment that trees help create. The Urban Forest Management Plan includes a goal to
increase city-wide canopy from 36% to 45% over the next twenty years.
CITY OF VIRGINIA BEACH / iJrban Forest
Management Plan
Agenda Ite,rm 17
Page 1
Item #17
City of Virginia Beach - Comprehensive Amendment (Urban Forest Management Plan)
An Ordinance to amend the Comprehensive Plan by adopting the Urban Forest
Management Plan providing for Policy Guidance, Goals and Objectives to Protect and
Enhance the Urban Forest and Revising Policy Document
December 11, 2013
CONSENT
SUMMARY OF AMENDMENT
In eariy 2012, the City began an internal and external planning process to develop a plan for
managing the city's 'urban forest.' Early in the process, representatives from each department
that affects the city's urban forest met monthly for six months. During those meetings the state
of the city's urban forest, the benefits it provides, interdepartmental coordination, and
goals/objectives for this plan were all discussed. External stakeholders were involved through
two public meetings, in spring of 2013, one for the northern
watersheds and one for the southern watersheds. Feedback was obtained through
questionnaires provided at the meeting and posted on the city's Virtual Town Hall.
Presentations with requests for feedback were also made to many civic groups, such as the
Parks and Recreation Commission, Envision Virginia Beach 2040 Implementation Committee,
Virginia Beach Beautification Commission and Clean Waters Task Force. Together, these
discussions and feedback form the basis of this plan. The purpose of the plan is to provide
analysis, evaluation, and strategies to ensure the numerous benefits of the urban forest are
understood and that trees are viewed as an effective way to meet many environmental and
social challenges communities face. This ordinance amends the Comprehensive Plan by
adoption of the Urban Forest Management Plan. The current provisions of the Plan pertaining
to Urban Forestry are revised to reflect the adoption and relevant provisions of the Urban
Forest Management Plan.
AYE 9 NAY 0
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RI PLEY AYE
RUCINSKI AYE
RUSSO
THORNTON
ABS 0 ABSENT 2
ABSENT
ABSENT
Item #17
City of Virginia Beach - Comprehensive Amendment (Urban Forest Management Plan)
Page 2
By a vote of 9-0, the Commission approved item 17 by consent.
Susan French appeared before the Commission.
1 AN ORDINANCE TO AMEND THE COMPREHENSIVE
2 PLAN BY ADOPTING THE URBAN FOREST
3 MANAGEMENT PLAN PROVIDING FOR POLICY
4 GUIDANCE, GOALS AND OBJECTIVES TO PROTECT
5 AND ENHANCE THE URBAN FOREST AND REVISING
6 THE POLICY DOCUMENT
7
8 WHEREAS, the public necessity, convenience, general welfare and good zoning
9 practice so require;
10
11 WHEREAS, the Urban Forest Management Plan has been developed with
12 extensive input from the community and all stakeholders;
13
14 WHEREAS, there are several revisions that are necessary to bring the adopted
15 Comprehensive Plan into conformity with the Urban Forest Management Plan; and
16
17 WHEREAS, the Urban Forest Management Plan, and the attached revisions to
18 the Policy Document should be adopted as part of the Comprehensive Plan.
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
23 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is,
24 amended and reordained by:
25
26 1. The adoption of the Urban Forest Management Plan. Such document is
27 made a part hereof, having been exhibited to the City Council and is on file in the
28 Department of Planning; and
29
30 2 The revision of the Policy Document, pertaining to the Urban Forest
31 Management Plan as shown on the attached document entitled "Revisions to 2009
32 Comprehensive Plan Policy Document, Chapter 7: Environmental Stewardship, City of
33 Virginia Beach Urban Forest Management Plan." Such document is made a part
34 hereof, having been exhibited to the City Council and is on file in the Department of
35 Planning.
36
37 COMMENT
38
39 The ordinance amends the Comprehensive Plan by the adoption of the Urban Forest
40 Management Plan and the revisions to the Comprehensive Plan pertaining to urban forests to
41 reflect the adoption and relevant provisions of the Urban Forest Management Plan.
42
43 Adopted by the Council of the City of Virginia Beach, Virginia, on this
44 day of 12014.
APPROVED AS TO LEGAL SUFFICIENCY:
?.
?
ity A torney's Office
CA12838
R-2
January 8, 2014
2
DRAFT
Revisions to 2009 Comprehensive Plan Policy Document
Chapter 7: Environmental Stewardship
City of Virginia Beach Urban Forest Management Plan
(Pages 7-8 and 7-9, Policy Document: Text to be deleted is shown as stFikethrough• Text to be added is
shown as underlined)
URBAN FORESTRY
Virqinia Beach's urban forest touches the lives of its citizens everv dav. It consists of all trees in the Citv
on both public and private lands The CitV's trees are cherished bv residents for promotinq stronq
neiqhborhoods and a qood qualitv of life The urban forest provides numerous benefits to the Citv and its
residents includinq cleaner air and water, cooler temperatures alld @IlePqy SBVItIQS. Wlth pt'Oqef
manaqement these benefits increase everv vear as trees continue to qrow and thrive. Virainia Beach's
urban forest is a vital component of the City's infrastructure.
The Citv's Urban Forest Manaaement Plan available in the online document librarv at
www,vbqov.com/Planning, provides policv quidance qoals and obiectives for urban forest manaqement
in Virqinia Beach The plan delivers a vision of a stronq urban forest that thrives throuqh mutuallv
beneficial partnerships and effective resource commitment The plan's basis is that our urban forest
fosters economic vitality, sustainable development stronq neiqhborhoods clean air and water, and
maintains the Citv's physical beautv Its overarchinq mission is to enhance the Virqinia Beach urban
forest throuah education communitv involvement proactive manaqement and responsible stewardship.
RECOMMENDATIONS
The Plan is structured around a sustainable arboriculture model that includes assessina and
understandinq the veqetative resource proactivelv manaqinq it and partnerinq with residents, business
owners developers and non-profit orqanizations to protect and enhance the Citv's urban forest. The
Urban Forest Manaqement Plan is a livina workina document to which a comprehensive review and
update is recommended every five years.
Plan Obiectives:
.
?
? Enhance policies that guide development requirements for landscape practices on proposed
projects.
? .
? Protect, maintain and increase the number of existing healthy trees found in the City.
? ,
? Promote cyclical neiqhborhood tree care and maintenance
? Focus on tree plantinqs and preservation on public properties
Inteqrated Pest Manaqement proqram to improve tree health
Educate citizens in research-based urban forestrv practices
Increase citvwide urban tree canopy cover to 45% over 20 years
L. APPOINTMENTS
CHESAPEAKE BAY PRESERVATION AREA BOARD
HISTORIC PRESERVATION COMMISSION
PERSONNEL BOARD
PLANNING COMMISSION
PROCESS IMPROVEMENT STEERING COMMITTEE
RESORT ADVISORY COMMISSION
SOUTHEASTERN PUBLIC SERVICE AUTHORITY
TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
'?
M. UNFINISHED BUSINESS
N. NEW BUSINESS
0. ADJOURNMENT
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
*****************************
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
********************************
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
R
O
S
DATE: 12/10/2013 PAGE: 1 S-
D H S
AGENDA E H A E W
ITEM # SUB7ECT MOTION VOTE D S E J M S U I
A T D N O M M S H L W
V E Y L N O O O R S O
I P E E E S N M I O O
S H R Y S S D S N N D
I CITY MANAGER'S BRIEFINGS
A. COMPREHENSNE ANNUAL Patti Phillips,
FINANCIAL REPORT Director - Finance
B. CENTRAL BUSINESS CORE Ashby Moss,
DISTRICT ZONING Planning Evaluarion
Coordinator -
Planniug
C. STRATEGIC GROWTH AREA Bazry Frankenfield,
INVESTMENT PARTNERSHIP SGA Director
D. VIRGINIA TOURISM GAP Barry Frankenfield,
FINANCING PROPOSAL - SGA Director
Cavalier Associates
II/III CITY COUNCIL COMMENTS/
AGENDA REVIEW
JOINT CITY COUNCIL/SCHOOL
BOARD BRIEFING HEALTH CARE
NNNI-E CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y 1' A Y 1'
SESSION
F MINUTES - December 3, 2013 APPROVED 9-0 Y A Y Y Y Y Y Y A Y Y
B
S
T
A
I
N
E
D
G/H PRESENTATIONS:
1. 2013 " Holiday Lights" Student Bobby Melatti -
Design Competition Beach Events
Kattileen Viloria -
Salem High School
2. American Public Works Assoc. Plulip A. Davenport,
National Accreditation Award Director - Public
Works
3. Resolution - 50dAuniversary of the
City
TY OF VIRGINIA BEACH
MARY OF COUNCIL ACTIONS
R
O
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2/10/2013 PAGE: 2 S-
D H S
L[AGENDA E H A E W
SUBJEC T MOTION VOTE D S E J M S U I
A T D N O M M S H L W
V E Y L N O O O R S O
I P E E E S N M I O O
S H R Y S S D S N N D
I PUBLIC HEARINGS
1. Property Tax Exemption - The Victors No Speakers
2. School Revenue for Operations No Speakers
ADDED:
J-1 Ordiuazice to DESIGNATE "The ADOPTED 10-0 Y Y Y Y Y Y Y Y A Y Y
Victors" as being EXEMPT &om local
property taacation
2 Resolution to SUPPORT a"fust day ADOPTED 9-1 Y N Y Y Y Y Y Y A Y Y
inlroducdon" for General Assembly Bills
that create local fiscal impacts
3 Ordinance to AUTHORIZE a second ADOPTED 7-3 N Y Y Y Y Y N Y A N Y
modification to the Term Sheet between
the City/YMCA of South Hampton Roads
to REMOVE the requirement for covering
the pooUEXTEND the start date of
construction to June 1, 2014
4 Ordinance to DECLARE City-owned ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y
property at Princess Anne Road/South CONSENT
Independence Boulevard as
EXCESS/AUTHORIZE conveyance to
Smith/Packett Med-Com, LLC
5 Ordinance to EXTEND the date for ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y
compliance re closing a portion of CONSENT
Woodland Street for Columbus Station
Associates, LLC
6 Ordinance to APPROPRIATE ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y }'
$2,910,000 to the Development Authority CONSENT
provide a loan to Vanguard Landing re
mixed use facility for persons with
intellectual disabilities
DISTRICT 7 - PRINCESS ANNE
7 Ordinance to AUTHORIZE a ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y
encroachment into a portion of City- CONSENT
owned property for Ocean Sands Owners
Assoc. balconies at 2207 Atlantic
Avenue
DISTRICT 6 - BEACH
CITY OF VIRGINIA BEACH
SUVMARY OF CDUNCIL ACTIONS
R
O
S
DATE: 12/10/2013 PAGE: 3 S-
D H S
AGENDA E H A E W
ITEM # SUBJECT MOTION VOTE D S E J M S U I
A T D N O M M S H L W
V E Y L N O O O R S O
I P E E E S N M I O O
S H R Y S S D S N N D
8 Resolution to AMEND/RE-ADOPT the ADOPTED, AS 9-1 Y Y Y Y Y Y N Y A Y Y
2012 City/School Revenue Sharing AMENDED, BY
Formula Policy CONSENT
9 Ordinance to APPROPRIATE ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y
$18,831,522 in School Reversion Funds: CONSENT
a. $2>655,978 for Elementazy
instructionaliniriatives/Equity
Affairs/bus/high mileage vehicle
replacement/laptops/iPads/
conversion of the old Kellam High
School to the Princess Anne Middle
School.
b. $175,544 for athleric equipment
c. $16,000,000 re anricipated operating
budget shortfalUemergency
expenditures/fiscal emergencies
K-1 CAH HOLDINGS, LLC/I.C REALTY, APPROVED/ 10-0 Y Y Y Y Y Y Y Y A I' Y
LLC for a CUP re indoor autocar wash at CONDTI'IONED BY
3565 Holland Road CONSENT
DISTRICT 3 - ROSE HALL
2 TIDEWATER NFL FLAG, LLC, W. APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y
HEYWOOD FRALIN/KAREN H. for a CONDITIONED BY
CUP re outdoor recreation at Shore Drive CONSENT
and First Court Road
DISTRICT 4 - BAYSIDE
3 NVR, INC./MUNDEN LAND, LLC DEFERRED TO 10-0 Y Y Y Y Y Y Y Y A Y S'
Modification of Proffer No. 7 on a 1/28/14
Condirional COZ (2006) at 2076 Princess
Anne Road
DISTRICT 7 - PRINCESS ANNE
4 Applications of CAVALIER APPROVED 9-0 Y Y Y Y Y Y Y A A Y Y
ASSOCIATES: B
DISTRICT 6 - BEACH S
T
a. C/O/Z from RT-1 and R-7.5 to OR re A
a residential community I
N
b. Special Exce?fion for Alternative E
Comnliance to (OR) Form-Based D
Code.
c. Variance to Section 41/4.4(d) re
streets/alleys/lots at 4010 Holly
Road/4200 Pacific Avenue
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
R
O
S
DATE: 12/10/2013 PAGE: 4 S"
D H S
AGENDA E H A E W
ITEM # SUBJECT MOTION VOTE D S E J M S U I
A T D N O M M S H L W
V E Y L N O O O R S O
I P E E E S N M I O O
S H R Y S S D S N N D
5 HOME ASSOC OF VA, INC. for a COZ DEFERRED 10-0 Y Y Y Y 1' Y I' Y A I' Y
from AG-1 to Conditional R-15 at 1864 INDEFINITELY,
Indian River Road BY CONSENT
DISTRICT 7 - PRINCESS ANNE
L APPOINTMENTS RESCHEDULED g Y C O N S E N S U S
HISTORIC PRESERVATION
COMMISSION
RESORT ADVISORY COMMISSION
TRANSITION AREA/TI'A TRAFFIC
AREA ADVISORY COMMITTEE
PLANNING COMMISSION Appointed: 4 year 10-0 Y Y Y Y Y Y 1' Y A Y Y
terms 0 1/0 1/2014 -
12/31/2017
Dee Oliver
Michael A. Inman
M/N/O ADJOURNMENT 8:22 PM
2013 CITYHOLIDAYS
Christmas Eve (halj=da,y) - Tuesday, December 24
Christmas Day - Wednesday, December 25
2014 CITY COUNCIL RETREAT
Economic Development Conference Room
8:30 A.M.-5:00 P.M.
Monday, January
and
Tuesdav. Januarv 7". 2014