JANUARY 28, 2014 AGENDACITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WIl LIAM D. SGSSOMS, JR., At Large
VICEMAYOR LOUIS R. JONES, Bayside - Distric! 4
R083iR7'M. DYER, CenterviUe - Dfstrtci l
RARBAItA M. HENLEY, Princess Anne - District 7
SHANNON DS KANG, Rose Hal! - District 3
812AD MARTIN, Y.E., At l.arge
JOHN D MOSS, Al Large
AM8'l1A ROSS-HAMMOND, Kempsvrlle - Disrrict 2
JOHN E UHlUN, Beach - District 6
ROSF.MARY WII.SON, At l.arge
JAMlsS L. WOOD, Lynnhaven -District .i
CITY COUNCIL APPOINTEES
CITY MANAGH'R - JAMF,S K. SPORE
Cl7'Y AYTOXNF.'Y MARK D. 5711.ES
Cl7'Y ASSIiSSON - JF,RALD D. BANAGAN
C17'Y AUDl7'OR - I YNUON S. Rh.'MIAS
C17Y CLEf2K RU'l'H HODGf:S FR,9SL'R, MMC
I
II.
III
CITY COUNCIL AGENDA
28 January 2014
CITY MANAGER'S BRIEFINGS
A. VIRGINIA BEACH CRIME STATISTICS
James Cervera, Police Chief
C/TYHALL BUILDlNG
2401 COURTHOUSE DRIVE
V/RGINIA BEACH, VIRG/N/A 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
- Conference Room -
B. CITIZEN SATISFACTION SURVEY
Nanci Glassman, President, Continental Research
C. GOLF COURSES, SPORTSPLEX and FIELD HOCKEY
Michael Kalvort, Director, Parks and Recreation
D. INTERIM FINANCIAL STATEMENT
Patti Phillips, Director, Finance Department
CITY COUNCIL COMMENTS
CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF THE CITY COUNCIL
2:30 PM
4:30PM
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION - City Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Les Smith
Senior Pastor
Victory Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS JANUARY 14, 2014
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. MAYOR'S PRESENTATION
1. VIRGINIA BEACH RED RAIDERS FOOTBALL TEAM
Amateur Athletic Union (AAU) National Championship - Runner-up
Dwayne Lowry, Coach
1. PUBLIC HEARINGS
1. SALE OF EXCESS CITY-OWNED PROPERTY
a. Intersection of Dam Neck and Landstown Roads
2. LEASE OF CITY-OWNED PROPERTY
a. Virginia Beach Farmers Market to Sweet Enchantments Bakery, LLC
b. Vetshouse at 1508 Ohio Avenue
3. PURCHASE AGREEMENT for the ACQUISITION OF DEVELOPMENT RIGHTS
a. 3500 Old Carolina Road
J. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND §§2-345 and §2-346 re Public Records Management
2. Ordinance to AUTHORIZE acquisition of an Agricultural Land Preservation Easement and the
Issuance of Contract Obligations of $558,469 re property of Furman G. Wall, Jr.
3. Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE:
a. A Deed of Release and Exchange re an Agricultural Lands Preservation Easement on
the Ralph Lee Frost family land
b. Leases with:
1. Sweet Enchantments Bakery, LLC re the Farmers Market Space No. 30
2. Vetshouse, Incorporated at 1508 Ohio Avenue
A Utility Service Agreement with the City of Chesapeake re the provision of sewer and
water services to Charlestown Shores
4. Ordinance to ENDORSE the Cavalier Association project and AUTHORIZE the State
Tourism Gap Financing Program applicable thereto
5. Ordinance to DECLARE a parcel at Dam Neck and Landstown Roads in EXCESS of the City's
needs and AUTHORIZE the Dedication to the YMCA of South Hampton Roads
6. Resolution re Banners on the Pedestrian Bridge at Columbus Street in the Central Business
Core District
7. Resolution to COMMEND City Clerk Ruth H. Fraser and her Staff for their extraordinary
public service to the citizens of Virginia Beach re the Council Member Appointment Process
8. Resolutions REQUESTING the Virginia Department of Transportation (VDOT) to ACCEPT
for Urban Maintenance payments:
a. Accept additional streets
b. Corrections to the Road Inventory
9. Ordinances to APPROPRIATE:
a. $448,050 from the School Site Landscaping Internal Service Fund to the Department of
Parks and Recreation
b. $200,000 Virginia Governor's Opportunity Fund Award to the Development Authority
K. PLANNING
Application of ADVENTURE SPORTS PARK, LLC for Modification of a Conditional Use
Permit re ADDING outdoor recreation (approved December 8,1969) at 1304 and 1252
Prosperity Road
DISTRICT 6 - BEACH
RECOMMENDATION APPROVAL
2. Application of MAHESH GOPINATH for a Conditional Use Permit re vocational (dental
assisting) training school at 405 South Parliament Drive
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
3. Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Conditional Change of
Zoning from AG-1 Agricultural to Conditional R-15 Residential at 1864 Indian River Road
(deferred December 10, 2013)
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
4. Applications of the City of Virginia Beach to:
APPROVAL
a. AMEND the Official Zoning Map re "CBC Central Business Core District"
b. ADD Article 22, Sections 2200 through 2212 ESTABLISHING the Central Business
Core District
ADD, AMEND, REORDAIN, REPEAL or RENUMBER certain Sections to
CONFORM to the provisions of Article 22 of the City Zoning Ordinance (CZO) re
conformance
d. AMEND the Pembroke Strategic Growth Area 4 Implementation Plan and the Policy
Document of the Comprehensive Plan
e. AMEND and REORDAIN Sections 5.5, 5.613 and 5.14 of the Site Plan Ordinance
applicable to property within the District
£ ESTABLISH Transition Rules for the review of Site Plans, Subdivision Plats and other
plans for development
g. AMEND Section 33-114.3 re encroachments by outdoor cafes, etc., within certain Zoning
Districts
RECOMMENDATION APPROVAL
L. APPOINTMENTS
CHESAPEAKE BAY PRESERVATION AREA BOARD
GREEN RIBBON COMMITTEE
HISTORIC PRESERVATION COMMISSION
PERSONNEL BOARD
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)
2040 VISION TO ACTION COMMUNITY COALITION COMMISSION
WORKFORCE HOUSiNG ADVISORY COMMITTEE
M. UNFINISHED BUSINESS
N. NEW BUSINESS
0. ADJOURNMENT
***?*****?**************?****
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
?*?********?****?*****+*?*******
2014 CITYHOLIDAYS
111emoritrl 17cy - Motzrlril>, rbiay 26
Intlepenrlerzce 1)aY - Frrtluy, July 4
Labur I)rry -1Vlanrttri,, Septemher 1
Veter•arzs DrxY - 7'ucsrlqy1:Vravertxber XI
ThcrnksgiE=ing Dcry rrnd 1)r{y, ci_f'ter Thanlisgiuing --
Thrsrsdny,A'ovenrber 27 «izrl Fridcxy,11'overnber 28
f.`/xristrnas Eve (/rul f-dap) -lVeclnescCrry, 1?ecenncer 29
C'lrristrarns 1)ciy - Tlzursdrlt', Dec?ember 25
CITY MANAGER'S BRIEFINGS - Conference Room - 2:30 PM
A. VIRGINIA BEACH CRIME STATISTICS
James Cervera, Police Chief
B. CITIZEN SATISFACTION SURVEY
Nanci Glassman, President, Continental Research
C. GOLF COURSES, SPORTSPLEX and FIELD HOCKEY
Michael Kalvort, Director, Parks and Recreation
D. INTERIM FINANCIAL STATEMENT
Patti Phillips, Director, Finance Department
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
N. INFORMAL SESSION - Conference Room - 4:30PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF THE CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Les Smith
Senior Pastor
Victory Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS JANUARY 14, 2014
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. MAYOR'S PRESENTATION
VIRGINIA BEACH RED RAIDERS FOOTBALL TEAM
Amateur Athletic Union (AAU) National Championship - Runner-up
Dwayne Lowry, Coach
L PUBLIC HEARINGS
SALE OF EXCESS CITY-OWNED PROPERTY
a. Intersection of Dam Neck and Landstown Roads
2. LEASE OF CITY-OWNED PROPERTY
a. Virginia Beach Farmers Market to Sweet Enchantments Bakery, LLC
b. Vetshouse at 1508 Ohio Avenue
PURCHASE AGREEMENT for the ACQUISITION OF DEVELOPMENT RIGHTS
a. 3500 Old Carolina Road
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PUBLIC HEARING
DECLARATION AND
CONVEYANCE OF IXCESS CfTY
PROPERTY
The Virginia Beach City Council will
hold a PUBLIC HEARING Tuesday,
January 28, 2014, at 6:00 P.M., in
the Council Chamber, City Hall - Bldg.
1, Virginia Beach Municipal Center.
The purpose of this Hearing will be to
obtain public input to determine
whether the following City property
should be declared excess of the
City's needs and sold `or otherwise
conveyed to the YMCA of South
Hampton Roads:
Approximately 10.35
acres located at the
intersection of Dam Neck
Road and Lantlstown
Road. (Part ot GPINs:
1484-79-2884 and 1484-
79-2434)
Any questions concerriing this matter
should be directed to the Dept. Parks
& Recreatlon, Municipal Center, Bidg.
21, Virginia Beach, VA 33456, (757)
385-1100.
If you are physicalty dfsabled or
visualty impaired and need
assistance at this rrieeting, please
call the CITY CLERK'S OFFICE at 385-
430.3; Hearing impalred, call TDD
711 (TDD - Telephone Device for the
Deaf).
Ruth Hodges Fraser, MMC
City Clerk
Beacon lanuary 19, 2014
23923730
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PUBLIC HEARING
LEASE OF CITY PROPERTY
The Virginia Beach CRy Council will
hold a PUBUC HEARING on January
28, 2014 at 6:00 P.M. in the Council
Chamber, City Hall - Bldg. 1, Virginia
Beach Municipal Center. The
purpose of this Hearing will be to
obtain public comment regarding the
proposed lease of City-owned
property located at the following
addresses as tlefined below:
1) Virginia Beach Farmers
Market - Bldg 7, Space# 30,
250 sf of space to Sweet
Enchantments Bakery,LLC
2) 1508 Ohio
Avenue- GPIN
2417-05-4214
If you are physically a disabled or
visually impaired and need
assistance at this meeting, please
call the City Clerk's Office at 385-
4303; Hearing impaired call 711.
Any questions concerning this matter
should be directed to the
Department of Public Works -
Facilities Management Office, Room
228, Building 18, at the Virginia
Beach Municipal Center - (757)
355-5659.
Ruth Hodges Fraser, MMC
Ciiy Clerk
Beacon January 19, 2014
23923714
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NOTICE OF PUBLICHEARING
ON THE IXECUTION AND
DELIVERY
OF AN INSTALLMENT
PURCHASE AGREEMENT FOR
THE
ACQUISRION OF
DEVELOPMENT RIGHTS ON
CERTAIN PROPERTY BY THE
CIIY OF VIRGINIA BEACH,
VIRGINI,?
Notice is hereby given that the Ciry
Council of the City of'Jirginia 8each,
Virginia, will hold a Public Hearing with
respect to the execution and delivery
of Installment Purchase Agreementfor
the acquisition of an agricultural land
preservation easement with respect to
125.03+/- acres of land located atthe
3500 Block of Old Carolina Road (GPIN
1389-16-1845), in the City of Virginia
Beach, Virginia, pursuant to Ordinance
No. 95-2319, as amended, known as
the Agricultural Lands4 Preservation
Ordinance, which establishes an
agricultural reserve program for the
southern portion of the City designated
to (a) promote antl encourage the
preservation of farmland, (b) preserve
open spaces and the area's rural
character, (c) conserve and protecl
environmentally sensitive resources,
(d) reduce and defer the need for
major infrastructure improvements
and the expenditure of publicfunds for
such improvements, and (e) assist in
shaping the character, oirection and
timing of community development.
Such easement will be purchased
pursuant to an Installment Purchase
Agreement for an estimated maximum
purchase price of $558,464. The
City's obligation to pay the purchase
price under the Installment Purchase
Agreement is a general obligation of
the City and the full faith and credit
and the unlimited taxing power of the
City will be irrevocably pletlged to the
punctual payment of the purchase
price antl the interest on the unpaid
principal batance of the pUrchase price
as and when the same respectively
become due antl payable. The Public
Hearing, which may be continued or
adjourned, will be held by the City
Council on January 28, 2014, at 6:00
P.M. in the City Coincil Chamber
located on the 2nd floor of the City Hall
Buiiding, 2401 Courthouse Drive,
Virginia Beach. Virginia. Any person
interested in this matter may appear
and be heard.
Ruth Hodges Fraser, MMC
City Clerk
Beacon January 12 & 19, 2014
23915772
J. ORDINANCES/RESOLUTIONS
Ordinance to AMEND §§2-345 and §2-346 re Public Records Management
2. Ordinance to AUTHORIZE acquisition of an Agricultural Land Preservation Easement and the
Issuance of Contract Obligations of $558,469 re property of Furman G. Wall, Jr.
3. Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE:
a. A Deed of Release and Exchange re an Agricultural Lands Preservation Easement on
the Ralph Lee Frost family land
b. Leases with:
1. Sweet Enchantments Bakery, LLC re the Farmers Market Space No. 30
2. Vetshouse, Incorporated at 1508 Ohio Avenue
c. A Utility Service Agreement with the City of Chesapeake re the provision of sewer and
water services to Charlestown Shores
4. Ordinance to ENDORSE the Cavalier Association project and AUTHORIZE re the State
Tourism Gap Financing Program applicable thereto
5. Ordinance to DECLARE a parcel at Dam Neck and Landstown Roads in EXCESS of the City's
needs and AUTHORIZE the Dedication to the YMCA of South Hampton Roads
6. Resolution re Banners on the Pedestrian Bridge at Columbus Street in the Central Business
Core District
7. Resolution to COMMEND City Clerk Ruth H. Fraser and her Staff for their extraordinary
public service to the citizens of Virginia Beach re the Council Member Appointment Process
8. Resolutions REQUESTING the Virginia Department of Transportation (VDOT) to ACCEPT
for Urban Maintenance payments:
a. Accent additional streets
b. Corrections to the Road Inventory
9. Ordinances to APPROPRIATE:
a. $448,050 from the School Site Landscaping Internal Service Fund to the Department of
Parks and Recreation
b. $200,000 Virginia Governor's Opportunity Fund Award to the Development Authority
1
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CITY OF VIRGINIA BEACH
` AGENDA ITEM ,
ITEM: An Ordinance to Amend Sections 2-345 and 2-346 of the City Code Pertaining
to Public Records Management
MEETING DATE: January 28, 2014
¦ Background: State law requires the City to have a records manager. In 1988,
City Council adopted City Code §§ 2-341 to 2-347. In the decades that have followed,
technologies and terminologies have evolved, but the language of the Code has not.
¦ Considerations: City Code § 2-345 currently provides that the "superintendent
of records and micrographics" is designated as the City's records manager. This
ordinance replaces that dated reference with the term "public records coordinator,"
which is the current title of the City's records manager. Additional housekeeping
changes are made to Code § 2-346.
¦ Public Information: Public information will be provided by the regular City
Council agenda process.
¦ Attachments:Ordinance
Recommended Action: Approval
Submitting Dep me gency: Department of Public Libraries
City Manager: ` ? -?.?
1 AN ORDINANCE TO AMEND SECTIONS 2-
2 345 AND 2-346 OF THE CITY CODE
3 PERTAINING TO PUBLIC RECORDS
4 MANAGEMENT
5
6 SECTIONS AMENDED: §§ 2-345 AND 2-346
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 2-345 and 2-346 of the Code of the City of Virginia Beach, Virginia,
12 are hereby amended and ordained to read as follows:
13 Sec. 2-345. Records manager; duties.
14 The public records coordinator is
15 hereby designated as records manager, who shall be responsible for the
16 implementation of the records management program.
17 Sec. 2-346. Duties of department heads; records officers.
18 (a) It shall be the duty of the department directors to cooperate with the city
19 manager in implementing the records management program; provided, that nothing in
20 this article shall be construed to require the removal of city records from the custody of
21 a department director when such records are deemed necessary in or for the
22 perFormance of the duties imposed upon such director by statute or ordinance.
23 (b) Each department director shall designate an employee of his department
24 to act as records e#isef representative, who shall report directly to the director of his
25 department and shall be responsible for coordinating the records management program
26 of his department, for cooperating with the records manager in ensuring compliance
27 with the records management program, and for monitoring compliance with records
28 retention and disposition schedules for the records of his department.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this _
day of , 2014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Public Libraries City Attorney's Office
CA12854
R-2
January 15, 2014
04 ?
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation
Easement and the Issuance by the City of its Contract Obligations in the
Maximum Principal Amount of $558,469 (Property of Furman G. Wall, Jr.)
MEETING DATE: January 28, 2014
¦ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the
"Ordinance") was adopted by the City Council for the purpose of promoting and
encouraging the preservation of farmland in the rural southern portion of the City.
Under the Agricultural Reserve Program established by the Ordinance, the City
purchases the development rights of eligible parcels of land, leaving the fee simple
ownership of the land unchanged. These purchases are embodied by perpetual
agricultural land preservation easements pursuant to which only agricultural uses, as
defined in the Ordinance, are allowed on the land.
The subject property has been appraised by an independent appraiser retained by the
City. The appraiser has determined the fair market value of the property, based upon
twelve (12) comparable sales. From the fair market value, the value of the development
rights has been determined by subtracting $1,800 per acre, which has previously been
established as the farm value (i.e., value of the land restricted to agricultural uses) for
land throughout the southern rural area of the City. The resulting amount is the value of
the development rights of the property.
All offers by the City to purchase the development rights to property are expressly made
contingent upon the absence of any title defects or other conditions which, in the
opinion of the City Attorney, may adversely affect the City, s interests, and other
standard contingencies.
¦ Considerations: The subject property consists of one (1) parcel of land having
approximately 125.03 acres outside of marshland or swampland. It is owned by
Furman G. Wall, Jr. Under current development regulations, there is a total
development potential of twelve (12) single-family dwelling building sites, and four (4)
have been reserved for future development as 3-acre building sites. The parcel, which
is shown on the attached Location Map, is located at the 3500 block of Old Carolina
Road (GPIN 1389-16-1845), in the District of Princess Anne. The proposed purchase
price, as stated in the ordinance, is $558,469. This price is the equivalent of
approximately $4,467 per acre.
2
The terms of the proposed acquisition are that the City would pay interest only for a
period of 25 years, with the principal amount being due and payable 25 years from the
date of closing. The interest rate to be paid by the City will be the greater of 2.12% per
annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS
purchased by the City to fund its principal obligation under the Installment Purchase
Agreement, not to exceed 5.12% without the further approval of the City Council.
The Ordinance transfers the proposed purchase price from the Agricultural Reserve
Program Special Revenue Fund to the General Debt Fund for the purchase of the U.S.
Treasury STRIPS.
The proposed terms and conditions of the purchase of the Development Rights
pursuant to the Installment Purchase Agreement, including the purchase price and
manner of payment, are fair and reasonable and in furtherance of the purposes of the
Ordinance.
¦ Public Information: The Ordinance has been advertised by publication in a
newspaper having general circulation in the City once per week for two successive
weeks.
¦ Alternatives: The City Council may decline to purchase the development rights
to the property.
¦ Recommendations: Adoption of the Ordinance and acquisition of the
development rights, assuming all contingencies are met.
¦ Attachments: Ordinance
Summary of Terms of Installment Purchase Agreement
Location Map
Recommended Action: Adoption
Submitting Dep m gency: Agriculture Department
City Manager:
1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
2 AGRICULTURAL LAND PRESERVATION EASEMENT AND
3 THE ISSUANCE BY THE CITY OF ITS CONTRACT
4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
5 $558,469 (PROPERTY OF FURMAN G. WALL, JR.)
6
7 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the
8 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been
9 presented to the City Council a request for approval of an Installment Purchase Agreement
10 (the form and standard provisions of which have been previously approved by the City
11 Council, a summary of terms of which is hereto attached, and a copy of which is on file in
12 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the
13 Installment Purchase Agreement) on certain property located in the City and more fully
14 described in Exhibit B of the Installment Purchase Agreement for a purchase price of
15 $558,469; and
16
17 WHEREAS, the aforesaid Development Rights shall be acquired through the
18 acquisition of a perpetual agricultural land preservation easement, as defined in, and in
19 compliance with, the requirements of the Ordinance; and
20
21 WHEREAS, the City Council has reviewed the proposed terms and conditions of the
22 purchase as evidenced by the Installment Purchase Agreement;
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
27 1. The City Council hereby determines and finds that the proposed terms and
28 conditions of the purchase of the Development Rights pursuant to the Installment Purchase
29 Agreement, including the purchase price and manner of payment, are fair and reasonable
30 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee
31 is hereby authorized to approve, upon or before the execution and delivery of the
32 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal
33 balance of the purchase price set forth hereinabove as the greater of 2.12% per annum or
34 the per annum rate which is equal to the yield on United States Treasury STRIPS
35 purchased by the City to fund such unpaid principal balance; provided, however, that such
36 rate of interest shall not exceed 5.12% unless the approval of the City Council by resolution
37 duly adopted is first obtained.
38
39 2. The City Council hereby further determines that funding is available for the
40 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on
41 the terms and conditions set forth therein.
42
43 3. The City Council hereby expressly approves the Installment Purchase
44 Agreement and, subject to the determination of the City Attorney that there are no defects
45 in title to the property or other restrictions or encumbrances thereon which may, in the
46 opinion of the City Attorney, adversely affect the City's interests, authorizes the City
47 Manager or his designee to execute and deliver the Installment Purchase Agreement in
48 substantially the same form and substance as approved hereby with such minor
49 modifications, insertions, completions or omissions which do not materially alter the
50 purchase price or manner of payment, as the City Manager or his designee shall approve.
51 The City Council further directs the City Clerk to affix the seal of the City to, and attest
52 same on, the Installment Purchase Agreement. The City Council expressly authorizes the
53 incurrence of the indebtedness represented by the issuance and delivery of the Installment
54 Purchase Agreement.
55
56 4. The City Council hereby elects to issue the indebtedness under the Charter
57 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes
58 the indebtedness a contractual obligation bearing the full faith and credit of the City.
59
60 5. The City Council hereby transfers $558,469 from the Agricultural Reserve
61 Program Special Revenue Fund (161) to the General Debt Fund (302).
62
63 Adoption requires an affirmative vote of a majority of all members of the City
64 Council.
65
66 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of
67 , 2014.
APPROVED AS TO CONTENT:
Agriculture Department
CERTIFIED AS TO AVAILABILITY
OF FUNDS:
irector of Finance
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
at&?'M
City Attorney's Office
CA12o
DFS1Wpplications\CityLawProd\cycom32\Wpdocs\D011\P015\00049813.DOC
R-2
Date: January 16, 2014
2
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2013-131
SUMMARY OF TERMS
SELLER: Furman G. Wall, Jr.
PROPERTY LOCATION: 3500 block of Old Carolina Road (GPIN: 1389-16-1845)
PURCHASE PRICE: $558,469
EASEMENT AREA: 125.03 acres, more or less
DEVELOPMENT POTENTIAL: 12 single-family dwelling sites (4 reserved by Seller)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 2.12% (actual rate to be determined when STRIPS are purchased prior to
execution of Installment Purchase Agreement). Rate may not exceed 5.12% without approval of
City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from
IPA date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery of Installment Purchase
Agreement.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance Authorizing and Directing the
Release and Exchange Pertaining to
Easement Located on Land of The Ralph
of Irene T. Frost Trust
MEETING DATE: January 28, 2014
City Manager to Execute a Deed of
an Agricultural Lands Preservation
Lee Frost Family Trust and on Land
¦ Background: On April 23, 1997, Ralph Lee Frost, Trustee of the Ralph Lee
Frost Trust ("Ralph Frost Trust"), the owner of five parcels of land located on Land of
Promise and Blackwater Roads, placed five (5) parcels in the City`s Agricultural
Reserve Program ("ARP") and Irene T. Frost ("Irene Frost"), the owner of one parcel of
land located on Blackwater Road, placed one (1) parcel in the ARP. As part of the
transaction, Ralph Frost Trust reserved, for future development three (3) 3-acre building
sites, known as Easement Exceptions.
By deed recorded as Instrument Number 20100608000559720, the successor trustees
of the Ralph Frost Trust conveyed the five (5) parcels to the successor trustees of the
Ralph Lee Frost Family Trust ("Frost Family Trust") subject to the preservation
easement. By deed recorded as Instrument Number 20081016001206200, Irene Frost
conveyed the parcel to Irene T. Frost, Trustee of the Irene T. Frost Trust dated
December 14, 1990 ("Irene Frost Trust"), subject to the preservation easement.
The Frost Family Trust and the Irene Frost Trust now desire that the City release the
reserved 1.91-acre building site, shown on Exhibit A as a portion of "EASEMENT
EXCEPTION SITE 213-1" from the respective ARP Easements in exchange for placing
another reserved 2.797-acre site, shown on Exhibit A as the cross hatched area
described as "EASEMENT EXCEPTION AREA HEREBY VACATED (121,849.7 Sq. Ft.
/ 2.797 Acres)", under the Frost Family Trust ARP Easement.
¦ Considerations: The attached plat shows the areas that would be exchanged.
There is a slight overlap in the areas. Because the new exception site is 1.09 acres less
than the existing exception site, the ARP Easement area will be slightly larger than it
currently is. The appraiser who appraised the properties for the original ARP purchases
has stated, by letter dated January 14, 2014, that there is no difference in the market
value of the two sites. Additionally, the applicants have been notified that they will need
to comply with all requirements of the City's zoning and subdivision ordinances prior to
beginning construction on the new exception site.
Section 11 of the Agricultural Lands Preservation Ordinance expressly allows
exchanges of the type sought by the Frost Family Trust and the Irene Frost Trust, and
states that the City Council shall allow such exchanges under certain conditions. Those
conditions, which are set forth in the attached ordinance as findings of the City Council,
are as follows:
(1) the acquisition of the proposed Preservation Easement in lieu of the
existing Preservation Easement does not adversely affect the City's interests in
accomplishing the purposes of the Ordinance;
(2) the proposed Preservation Easement area meets all of the eligibility
requirements set forth in Section 7 of the Ordinance;
(3) the land to be encumbered by the proposed Preservation Easement is of
at least equal fair market value, is of greater value as permanent open space, and of as
nearly as feasible equivalent usefulness and location for use as permanent open-space
land as the property on which the existing Preservation Easement is located; and
(4) the consideration for the acquisition of the new Preservation Easement
consists solely of the extinguishment of the existing Preservation Easement.
The proposed ordinance authorizes and directs the City Manager to execute the
necessary documents pursuant to which 2.797 acres of the 3-acre exception site
reserved for future development is exchanged for a 1.91-acre reserved site. Such
direction is subject to the City Attorney's determination that there are no defects in title
to the property to be placed under the ARP Easement or other restrictions or
encumbrances thereon which may, in the opinion of the City Attorney, adversely affect
the City's interests.
¦ Public Information: No special form of advertising is required
¦ Alternatives: The City Council may deny the proposed exchange if it finds that
the requirements specified above have not been met.
¦ Recommendations: Adoption of the ordinance allowing the exchange of
reserved sites.
¦ Attachments: Ordinance
Plat
Location Map
Recommended Action: Approval
Submitting DMrttV/AAggeennccyy: Agriculture Department ???
City Manager?c.M
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AN ORDINANCE AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE A DEED OF
RELEASE AND EXCHANGE PERTAINING TO AN
AGRICULTURAL LANDS PRESERVATION
EASEMENT LOCATED ON LAND OF RALPH LEE
FROST FAMILY TRUST AND ON LAND OF IRENE T.
FROST TRUST
WHEREAS, on April 23, 1997, the City of Virginia Beach (the "City") and Ralph Lee Frost,
Trustee of the Ralph Lee Frost Trust under Declaration of Trust dated December 14, 1990
("Ralph Frost Trust") entered into IPA #1997-1, whereby the City acquired an Agricultural Lands
Preservation Easement ("Preservation Easement") upon certain property owned by Ralph Frost
Trust;
WHEREAS, as part of the aforesaid transaction, Ralph Frost Trust reserved for future
development a portion of the property having an area of 3.000 acres, more or less, such that the
Preservation Easement does not encumber the reserved area;
WHEREAS, on April 23, 1997, the City of Virginia Beach (the "City") and Irene T. Frost
("Irene Frost") entered into IPA #1997-3 whereby the City acquired a Preservation Easement
upon certain properly owned by Irene Frost;
WHEREAS, by deed recorded as Instrument Number 20100608000559720, the successor
trustees of Ralph Frost Trust conveyed its land to the successor trustees of the Ralph Lee Frost
Family Trust ("Family Trust") subject to the Preservation Easement;
WHEREAS, by deed recorded as Instrument Number 20081016001206200, Irene Frost
conveyed her land to Irene T. Frost, Trustee of the Irene T. Frost Trust dated December 14, 1990
("Irene Frost Trust"), subject to the Preservation Easement;
WHEREAS, the Family Trust and the Irene Frost Trust desire to exchange one area of
land not encumbered by the Preservation Easement for another area of land which is to be
encumbered by the Preservation Easement, as shown on the attached plat entitled "Exhibit
showing Amended Easement Exception Site on A Portion of the Property of the Ralph Lee Frost
Family Trustee I.N. 20100608000559720 M.B.144 P. 35 and the Irene T. Frost Trust I.N.
20081016001206200 M.B. 144 P. 35 for the City of Virginia Beach Agricultural Reserve Program
Virginia Beach, Virginia", Scale: 1" = 60', dated November 22, 2013;
WHEREAS, a portion of the land to be released from the Preservation Easement is on
property owned by Irene Frost Trust and the remainder of land to be released from the
Preservation Easement is on property owned by the Family Trust;
43 WHEREAS, pursuant to Section 11 of the Agricultural Lands Preservation Ordinance
44 (hereinafter "Ordinance"), a landowner may petition the City Council for the extinguishment of a
45 Preservation Easement in exchange for the conveyance to the City of a Preservation Easement
46 on a different portion of the landowner's property, under certain conditions set forth in the
47 Ordinance; and
48 WHEREAS, the Ordinance provides that the City Council shall approve such an exchange
49 if it makes certain findings enumerated in the Ordinance; and
50
51 WHEREAS, the City Council does hereby make such findings, to-wit:
52
53 (1) the acquisition of the proposed Preservation Easement in lieu of the existing
54 Preservation Easement does not adversely affect the City's interests in accomplishing the
55 purposes of the Ordinance;
56
57 (2) the proposed Preservation Easement area meets all of the eligibility requirements
58 set forth in Section 7 of the Ordinance;
59
60 (3) the land to be encumbered by the proposed Preservation Easement is of at least
61 equal fair market value, is of greater value as permanent open space, and of as nearly as
62 feasible equivalent usefulness and location for use as permanent open-space land as the
63 property on which the existing Preservation Easement is located; and
64
65 (4) the consideration for the acquisition of the new Preservation Easement consists
66 solely of the extinguishment of the existing Preservation Easement.
67
68 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
69 VIRGINIA BEACH:
70
71 That subject to the determination of the City Attorney that there are no defects in title to
72 the property to be placed under the Preservation Easement or other restrictions or encumbrances
73 thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, the
74 City Manager be, and hereby is, authorized and directed to execute the necessary documents
75 pursuant to which the City releases the existing Preservation Easement on a portion of the
76 properties, as shown on the aforesaid plat, and acquires, in exchange therefore, land greater in
77 area to be placed under the Preservation Easement, as shown on such plat.
78
79 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of
80 , 2014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
0?- ?,.C?1 C (G? C;?`? ?/(,'GZ?i ???r??
Dept. of Agriculture City Attorney
CA12773
X:\OID\REAL ESTATEWRP\Baum-Exchange\arpexchangeordin.doc
R-1
January 16, 2014
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for up to 3
Years with Sweet Enchantments Bakery, LLC for City-Owned Property Known as
Space #30 in the Virginia Beach Farmers Market
MEETING DATE: January 28, 2014
¦ Background: Sweet Enchantments Bakery, LLC ("Sweet Enchantments") would
like to enter into a lease for Space #30 at the Virginia Beach Farmers Market
from the City of Virginia Beach (the "City"). The Premises (the "Premises")
consists of 250 square feet and will be utilized for the sale of gluten-free, dairy-
free, organic baked goods and related items, and for no other purpose.
¦ Considerations: The term of the Lease is one (1) year with finro renewal
options for a term of one (1) each, exercisable by mutual agreement of the
parties. Sweet Enchantments has requested, and staff recommends, rent
abatement for the month of February 2014 in consideration of the improvements
it will make to the Premises at its own expense. The City has the right to
terminate the lease with sixty (60) days' notice if needed for a public purpose.
For more specific terms, see attached Summary of Terms.
¦ Public Information: Advertisement of Public Hearing
Advertisement of City Council Agenda
¦ Alternatives: Approve Lease as presented, change conditions of the Lease or
deny leasing of the space.
¦ Recommendation: Approval
¦ Attachments: Ordinance
Summary of Terms
Location Map
Recommended Action: Approval
Submitting DepartmentlAgency: Public Works/Facilities Management
City Manager. .??
\lvbgov.com\DFS 1\Applications\CityLawProd\cycom32\W pdocs\D006\PO l7\00095542.DOC
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR UP TO 3
3 YEARS WITH SWEET ENCHANTMENTS BAKERY,
4 LLC FOR CITY-OWNED PROPERTY KNOWN AS
5 SPACE #30 IN THE VIRGINIA BEACH FARMERS
6 MARKET
7
8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of
9 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam
10 Neck Road in Virginia Beach, Virginia (the "Farmers Market");
11
12 WHEREAS, Sweet Enchantments Bakery, LLC ("Sweet Enchantments") would
13 like to enter into a lease with the City for Space #30 at the Farmers Market, consisting
14 of 250 square feet (the "Premises");
15
16 WHEREAS, the Premises will be utilized for the sale of gluten-free, dairy-free,
17 organic baked goods and related items, and for no other purpose; and
18
19 WHEREAS, Sweet Enchantments has agreed to pay the City $250.00 per month
20 ($3,000 per year) for the use of the Premises for the duration of the lease term.
21
22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
23 OF VIRGINIA BEACH, VIRGINIA:
24
25 That the City Manager is hereby authorized to execute a lease for up to 3 years
26 between Sweet Enchantments and the City for the Premises, in accordance with the
27 Summary of Terms attached hereto, and such other terms, conditions or modifications
28 as may be acceptable to the City Manager and in a form deemed satisfactory by the
29 City Attorney.
30
31 Adopted by the Council of the City of Virginia Beach, Virginia on the day of
32 12014.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY AND FORM
,
City Attorney Public Wo s/Faciliti Management
CA12768
\\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D008\P023\00104505.DOC
R-1
January 13, 2014
SUMMARY OF TERMS
LEASE FOR SPACE #30 AT THE
VIRGINIA BEACH FARMERS MARKET
LESSOR: City of Virginia Beach
LESSEE: Sweet Enchantments Bakery, LLC
PREMISES: Space #30, consisting of 250 sq. ft.
TERM: Initial Term: February 1, 2014 - January 31, 2015
Option Term 1- February 1, 2015 - January 31, 2016
Option Term 2- February 1, 2016 - January 31, 2017
RENT: Rent of $250 per month ($3,000 per year)
Rent shall be abated for the month of February 2014 allowing
tenant time to make improvements.
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Use Premises for sale of gluten-free, dairy-free, organic baked goods and
related items, and for no other purpose.
. Maintain Premises, including heating and air conditioning units and/or heat
pump units.
. Payment of all assessed fees and taxes.
. Purchase and maintain commercial general liability insurance.
RIGHTS AND RESPONSIBILITIES OF CITY:
. Maintain common areas of the Farmers Market and structural elements of the
Premises.
• Provide electrical service.
TERMINATION:
• City has special right to terminate if necessary for a public purpose by giving
sixty (60) days' advance written notice.
• Lessee may terminate by giving ninety (90) days' advance written notice.
\\vbgov.com\DFS 1 Wpplications\CityLawProd\cycom32\W pdocs\D008\P023\00104507.DOC
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance authorizing the City Manager to execute a lease for five years
or less with Vetshouse, Incorporated for the use of land and a 2,024 square foot
(approx.) City-owned residence located at 1508 Ohio Avenue.
MEETING DATE: January 28, 2014
¦ Background: Vetshouse Incorporated ("Vetshouse") proposes to lease land and
a 2,024 square foot (approx..) residence located at 1508 Ohio Avenue (the "Property")
from the City of Virginia Beach (the "City"). The Property was acquired by the City
through the APZ-1 Acquisition Program in September 2012 for $220,000.
The dwelling unit was in good condition and the APZ-1 Disposition Committee
recommended that it be utilized on an interim basis by a non-profit organization that
could benefit from the favorable condition of the Property, and the City could retain
possession while other properties continue to transition in this neighborhood (Oceana
Gardens).
A Request for Proposals ("RFP") was advertised for two consecutive Sundays in The
Virginian-Pilot as well as on the City of Virginia Beach website. The RFP required that
submitting bidders would need to perForm repairs/improvements for the Property,
including code compliance and noise attenuation measures. The RFP was limited to
non-profit organizations.
Vetshouse submitted a responsive bid to lease the Property for the purpose of providing
temporary housing and life-skills training to homeless female veterans. Only four
residents shall be permitted at any given time. Vetshouse proposes to lease the
Property for a sum of $300 per year and will comply with all renovation requirements
within the first year of the lease.
Vetshouse leases another City-owned property located at 200 N. Oceana Boulevard
pursuant to Ordinance 2998A, adopted August 28, 2007, and ORD-3243A, adopted
June 26, 2012.
¦ Considerations: This lease would be for a term of one (1) year with four (4)
one-year renewal option perivds.
¦ Public Information: Advertisement of Public Hearing
Advertisement of City Council Agenda
¦ Alternatives: Approve terms of the Lease Agreement as presented, alter
terms of the proposed Lease Agreement or deny leasing the Property.
¦ Revenue restriction: The City funded the acquisition of the Properties through
the partnership with the Commonwealth of Virginia. The proceeds from the lease of the
Property in the amount of $300/year will be received and 50% of the amount will be
appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and
Acquisition, and 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 $150/year retained by the City will
be available for BRAC program acquisitions in future years, per agreement with the
Commonwealth.
¦ Recommendations: Approval
¦ Attachments:Ordinance
Summary of Terms
Location map
Recommended Action: Approval
Submitting Dep m ency: Public Works / Facilities Management Office
City Manager: ' a7C %--?
1 AN ORDlNANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR FNE
3 YEARS OR LESS WITH VETSHOUSE,
4 INCORPORATED FOR THE USE OF LAND AND A
5 2,024 SQUARE FOOT (APPROX.) CITY-OWNED
6 RESIDENCE LOCATED AT 1508 OHIO AVENUE. . '7
8 WHEREAS, the City af Virginia Beach (the "City? is the owner of that
9 certain parcel of land and 2,024 square foot (approx..) residence loca#ed at 1508
10 Ohio Avenue and further described Qn Exhibit A attached hereto (the "Property");
11
12 WHEREAS, Vetshouse, lncorporated ("Vetshouse") has proposed leasing
13 tfie Property in order to provide transitional housing and life skills training for
14 homeless female veterans;
15
16 WHEREAS, Vetshause has proposed to lease the Property for $300.00
17 per year;
18
19 WHEREAS, Vetshouse will perform afl required renovations ta ensure that
20 the Property is compliant with City Codes and fully naise attenuated, and
21 Vetshouse wilf perform all required maintenance during the term of the lease;
22
23 WHEREAS, the Cify funded the acquisition of the Property through a
24 partnership with the Commonwealth of Virginia (the "Cammonwealth") with each
25 party contributing fifty percent (50%) of the funds;
26
27 WHEREAS, Vetshouse would like to enter inta a formal lease agreement
28 with the City for the Property in accordance with the Summary of Terms attached
29 hereto as Exhibit B and made a part hereof; and
30
31 THEREF4RE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
32 OF VlRGINIA BEACH, VIRGINEA:
33
34 That the City Manager is hereby authorized to execute a(ease for a term
35 of five years or less, between Vetshouse, lncorporated and the City, for the
36 Property in accordance with the Summary of Terms attached hereto and made a
37 part hereof, and such other terms, conditions or modifications as may be
38 acceptable to the City Manager and in a form deemed satisfactory by the City
39 Attorney.
40
41 Further, that #he revenue from the lease of the Property in the amount of
42 $300/year shall be received and fifty (50) percent of this amount shall be
43 appropriated to CIP #9-060, Oceana Interfacility Traffic Area Conformity and
44 Acquisition, and fifty (50) percent shall be deposited for future payment by the
45 City Manager to refund the Commonwealth's portion in accordance with the grant
46 agreement. A manual encumbrance will be established to ensure that the
47 $150/year retained by the City will be available for BRAC program acquisitions in
48 future years per the agreement with the Commonwealth.
49
50 Aclopted by the Council of the City of Virginia Beach, Virginia on the
51 day ofi , 2014.
APPROVED AS TO LEGAL
SUFF1ClENCY AND FORM
4it .rney
APPROVED AS TO CONTENT
PW/Facilitie anageme t
APPROVED AS TO CONTENT
???..??
Management Services -?
CA12765
1128/14
R-1
\\vbgov.comklfs 1 \applicati ons\citylawprodlcycom32\wpdocs\,d0111p0171001 Q 1004.doc
EXHIBIT "A"
ALL THAT certain lot, piece or parcel of land, with the
buildings and improvements thereon, situate, lying
and being in the City of Virginia Beach, Virginia and
being known numbered and designated as Lot 42A,
as shown on that certain plat entitled, "Resubdivision
of Property of Lots 42 and 43, HILLCREST," 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 253, at page 83 and 84.
IT BEING the same property conveyed to the City of
Virginia Beach by Deed dated September 18, 2012
from John Galliford Williamson a/k/a John Phillip
Galliford Williamson and Lana Jean Williamson,
husband and wife, recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia
as Instrument Number 20120927001120160.
EXHIBIT B
SUMMARY OF TERMS
LESSOR: City of Virginia Beach
LESSEE: Vetshouse, Incorporated
PREMISES: 1508 Ohio Avenue (2,024 square foot residence and 6,250 sq. ft.
lot associated therewith).
TERM: February 1, 2014, through January 31, 2015, with 4 one-year
renewal options
RENT: $300.00 per year
RIGHTS AND RESPONSIBILITIES OF LESSEE:
. Will use the Premises for a Vetshouse residential facility for female
veterans and for no other purpose.
• At no time shall more than 4 people reside in the dwelling unit.
. Will sound-attenuate premises and perform all other renovations required
for compliance with City codes at Lessee's expense.
• Lessee shall not modify the Premises without prior approval from City.
. Will keep, repair, and maintain the Premises at its expense.
. Will maintain commercial general liability insurance coverage with policy
limits of not less than one million dollars ($1,000,000) combined single
limits per occurrence. Lessee shall provide a certificate evidencing the
existence of such insurance.
. Will comply with all applicable laws, ordinances, and regulations in the
performance of its obligations under the Lease.
TERMINATION: The City may terminate the Lease at any time without cause.
? yH17
,y
44?tiw?•?=?,:
iltY? ?r
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing the City Manager to Execute a Utility Service
Agreement between the City of Virginia Beach and the City of Chesapeake for
the Provision of Sewer and Water Services to Charlestown Shores
MEETING DATE: January28, 2014
¦ Background: Centerville II, LLC ("Developer") owns and is developing a
residential development containing approximately 17.365 acres, to be known as
Charlestown Shores, located within the boundaries of the City of Chesapeake
("Chesapeake"), near the boundary befinreen Chesapeake and the City of Virginia
Beach ("Virginia Beach").
¦ Chesapeake desires for the lots located in Charlestown Shores to be served by
municipal sewer and water, but does not have facilities available to provide said
services. The Developer intends to complete design and installation of the
necessary sewage collection facilities and potable water distribution facilities (the
"Facilities") within Charlestown Shores, and intends to dedicate the same to
Virginia Beach.
¦ Virginia Beach desires to cooperate with Chesapeake and enter into a Utility
Service Agreement ("Agreement") to provide necessary services, based on the
conditions and restrictions set forth in the Summary of Terms, attached to the
Ordinance as Exhibit A.
¦ Considerations: Virginia Beach and Chesapeake would agree that upon
acceptance of the Facilities by Virginia Beach, the Facilities would become a part
of the Virginia Beach Public Utilities System, and Virginia Beach would have the
right to provide water services and sewer services and collect the related fees.
Although infrequent, similar situations have previously occurred on the City's
common border with both Chesapeake and Norfolk, and this has been the way in
which the three cities have traditionally addressed such situations.
¦ Public Information: Advertisement of City Council Agenda.
¦ Alternatives: Approve the terms of the Agreement as presented, modify the
terms of the Agreement, or decline to enter into the Agreement.
¦ Recommendation: Approval.
¦ Attachments: Ordinance
Summary of Terms
Location Map
Recommended Action: Approval
Submittin9 DeP ency: Public Utilities a?/?( G? ?fi7
City Manager: -t)c- N\
ltl
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A UTILITY SERVICE
3 AGREEMENT BETWEEN THE CITY OF VIRGINIA
4 BEACH AND THE CITY OF CHESAPEAKE FOR
5 THE PROVISION OF SEWER AND WATER
6 SERVICES TO CHARLESTOWN SHORES
7
8 WHEREAS, Centerville II (the "Developer") owns and is developing a residential
9 development containing approximately 17.365 acres, to be known as Charlestown
10 Shores located within the boundaries of the City of Chesapeake ("Chesapeake"), near
11 the boundary between Chesapeake and the City of Virginia Beach ("Virginia Beach");
12
13 WHEREAS, Chesapeake desires for the lots located in Charlestown Shores to
14 be served by municipal sewer and water, but does not have facilities available to
15 provide said services;
16
17 WHEREAS, Virginia Beach desires to cooperate with Chesapeake and enter into
18 a Utility Service Agreement to provide necessary services, based on the terms and
19 conditions set forth in the Summary of Terms, attached hereto as Exhibit A:
20
21 WHEREAS, upon completion of design and installation of the necessary sewage
22 collection facilities and potable water distribution facilities (the "Facilities") within
23 Charlestown Shores, the Developer will dedicate the same to Virginia Beach; and
24
25 WHEREAS, the Facilities will become a part of the Virginia Beach Public Utilities
26 System, and Virginia Beach will have the right to provide water services and sewer
27 services and collect the related fees.
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA:
31
32 That the City Manager is hereby authorized to execute a Utility Service
33 Agreement between the City of Virginia Beach and the City of Chesapeake governing
34 the terms and conditions of the operation and maintenance of the Facilities to service
35 Charlestown Shores, located within the City of Chesapeake, in accordance with the
36 Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such
37 other terms, conditions or modifications as may be acceptable to the City Manager and
38 in a form deemed satisfactory by the City Attorney.
39
40 Adopted by the Council of the City of Virginia Beach, Virginia, on the
41 day of 12014.
APPROVED AS TO
CONTENT:
;
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Dept. of Public Utilities
CA12758
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R-1
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney
January 17, 2014
EXHIBIT A
SUMMARY OF TERMS
UTILITY SERVICE AGREEMENT FOR
CHARLESTOWN SHORES (CHESAPEAKE, VIRGINIA
PARTIES: City of Virginia Beach ("Virginia Beach"), City of Chesapeake
("Chesapeake"), and Centerville II, LLC ("Developer")
DEVELOPMENT: Approximately 17.365 acres to be developed into a
residential community to be known as Charlestown Shores
located within the boundaries of Chesapeake near the
boundary of Chesapeake and Virginia Beach
FACILITIES
AND SERVICES: Virginia Beach to own sewage collection facilities and
potable water distribution facilities ("Facilities") to provide
water and sewer services to the Development
RIGHTS AND RESPONSIBILITIES OF CHESAPEAKE:
. Allow Virginia Beach City Code governing water and sewer services and
fees to be in full force and effect in the Development.
. Expedite any permits needed and apply the same criteria thereto as if the
Chesapeake Department of Public Utilities were the applicant.
RIGHTS AND RESPONSIBILITIES OF VIRGINIA BEACH:
• Facilities shall become a part of the Virginia Beach Public Utilities System.
• Shall have the right to provide water service and sewer service to the
Development and collect from the residents the normal and standard fees.
• Shall have perpetual access within Chesapeake's streets, easements, and
rights-of-way as necessary for maintenance of the Facilities.
RIGHTS AND RESPONSIBILITIES OF DEVELOPER:
• Shall be responsible for obtaining compliance with all applicable
ordinances pertaining to the Development.
• Shall design and install the Facilities for the Development in accordance
with the standards and specification of Virginia Beach Dept. of Public
Utilities.
• Shall dedicate the Facilities to Virginia Beach upon completion.
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ITEM: An Ordinance to Endorse a Tourism Project and Authorize Other Actions
Consistent with the State Tourism Gap Financing Program
MEETING DATE: January 28, 2014
¦ Background: On March 13, 2012, the City Council created a Tourism Zone and
a process (the Policy ) for evaluation of applications to utilize the Virginia Tourism Gap
Financing Program authorized by the General Assembly in 2011 and codified as
Virginia Code § 58.1-3851.1. The Historic Cavalier Hotel and Cavalier Oceanfront Hotel
restoration and development (the "Projects") was the subject of an ordinance adopted
on July 3, 2013. Among other things, the ordinance approved a term sheet, and the
term sheet included the City's support for a future application for the Projects to
participate in the Gap Financing Program. The developer, Cavalier Associates, LLC,
has submitted the application and financial information to the City. The amount of
financing requested is $18,000,000.
¦ Considerations: After submission of the application, City staff undertook a
review of the applicable facts contained therein. Based upon the representations of
Cavalier Associates, the Projects: (a) include a minimum capital investment of $30
million; (b) when complete, will provide taxable sales of at least $1 million annually; (c)
when complete, will increase year-round employment; (d) fill a void identified in the
City's Resort Area Strategic Action Plan; (e) are located in the City's Tourism Zone; and
(f) has submitted proof of the need for gap financing to the satisfaction of the City's
Director of Finance. The attached ordinance is required prior to forwarding the
application of Cavalier Associates to the Virginia Tourism Corporation (the "VTC").
Upon approval by the VTC, the City and the City of Virginia Beach Development
Authority are required to enter into a performance agreement. A summary of the
material terms of such agreement is attached.
¦ Public Information: Public information will be provided through the normal
Council agenda process. The Council was briefed in Informal Session on December
10, 2013, and a public hearing was conducted at Formal Session on January 14tn
¦ Attachments: Ordinance; City Council Policy: "Guidelines for Tourism Project
Gap Financing Program;" Map; Tourism Development Plan; and Summary of Terms of
the Performance Agreement.
Recommended ction: Approval
Submitting D pa ncy: SGA Office and Finance Department
City Manager: ?
,_...,
1 AN ORDINANCE TO ENDORSE A
2 PROPOSED TOURISM PROJECT AND
3 AUTHORIZE OTHER ACTIONS
4 CONSISTENT WITH THE STATE TOURISM
5 GAP FINANCING PROGRAM
6
7 WHEREAS, Virginia Code § 58.1-3851.1 (the "Statute") provides a mechanism
8 by which a tourism project may receive certain revenue streams to pay "gap financing"
9 as that term is defined by the Statute; and
10
11 WHEREAS, on December 2, 2008, the City Council (the "Council") amended the
12 City Comprehensive Plan to incorporate the Resort Area Strategic Action Plan (the
13 "RASAP"); and
14
15 WHEREAS, the RASAP identifies a need for transitioning older hotels along the
16 oceanfront to higher quality accommodations and building inventory that promotes year-
17 round visitation; and
18
19 WHEREAS, on March 13, 2012, the Council adopted an ordinance creating a
20 Tourism Zone (the "Zone") and on the same date adopted a resolution approving a
21 Council Policy, "Guidelines for the Tourism Project Gap Financing Program" (the
22 "Policy"); and
23
24 WHEREAS, the entitlement to revenues established by the Statute does not
25 create debt of the State, the City, or the City of Virginia Beach Development Authority
26 ("VBDA"); and
27
28 WHEREAS, the City has received an application from Cavalier Associates, LLC,
29 (the "Developer") requesting financing assistance pursuant to the Statute and the
30 Policy; and
31
32 WHEREAS, the application includes two separate projects: the Historic Cavalier
33 Hotel; and the Oceanfront Cavalier Hotel (collectively, the "Projects"), which collectively
34 request assistance in a funding gap of $18,000,000, which is 12.4% of the projected
35 cost of the Projects; and
36
37 WHEREAS, the Projects are located within the Zone; and
38
39 WHEREAS, the premises of the Projects are described more particularly in the
40 map attached hereto as Exhibit A; and
41
42 WHEREAS, the City staff has reviewed the application from the Developer and
43 finds the Projects to have the following attributes described in Section 5.2 of the Policy:
44 (a) a minimum capital investment of $30 million; (b) when complete, will provide taxable
45 sales of at least $1 million annually; (c) when complete, will increase year-round
46 employment; (d) fills a void identified in the City's Resort Area Strategic Action Plan; (e)
1
47 is located in the City's Tourism Zone; and (fl has submitted proof of the need for gap
48 financing to the satisfaction of the City's Director of Finance; and
49
50 WHEREAS, the City has submitted to the Virginia Tourism Corporation a
51 development plan (the "Tourism Development Plan") as required by the Statute, a copy
52 of such plan is attached hereto as Exhibit B; and
53
54 WHEREAS, to meet the requirements of the Statute, the City and the VBDA will
55 be required to execute a performance agreement, a summary of the material terms is
56 attached hereto as Exhibit C.
57
58 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
59 VIRGINIA BEACH, VIRGINIA, THAT:
60
61 1. The Council endorses the Historic Cavalier Hotel and the Oceanfront Cavalier
62 Hotel as projects for purposes of the Statute, and accordingly, the Council finds that the
63 Projects meet a void identified in the City's RASAP and described in more particularity
64 in the Tourism Development Plan;
65
66 2. Subject to approval and certification by the Commonwealth of Virginia and
67 conditioned upon the execution of a performance agreement between the Developer,
68 the City, and the VBDA, the Council hereby designates to the Project and directs,
69 subject to appropriation of such funds to the VBDA, an amount equal to the revenues
70 generated by one percent local sales and use tax generated by transactions taking
71 place on the premises of the Projects be applied to the payment of the principal and
72 interest on the qualified gap financing for the Projects for the duration and the purposes
73 set forth the Statute;
74
75 3. Upon collection and quarterly remittance of revenues by the Commonwealth and
76 the access fee, as that term is defined by the Statute, by the Developer of the Projects,
77 the City will remit such amounts to the VBDA as required by the Statute; and
78
79 4. The City Manager is authorized and directed to take actions consistent with the
80 intent of this ordinance including, without limitation, execution of a performance
81 agreement between the Developer, the City, and the VBDA.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2014.
APPROVED AS TO CONTENT:
?
/ rategic Growth Area Office
APPROVED AS TO CONTENT:
,
Finance Department
2
APPROVED AS TO LEGAL SUFFICIENCY:
`
?Offi he torney
CA12851
R-1
January 7, 2014
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Exhibit B
Cavalier Hotel Tourism Development Plan
Section 1: Proposed Project
1-A: Briefly describe the overall scope and concept of your proposed project
The project involves the preservation of the historic Cavafier Hotel, terrace lawn, and Cavalier Drive
Motor Court. Each will be placed on the Historic Registry. This architectural landmark will be
transformed into a 90 - 100 room 5 star hotel and will be complemented with a new 300 room
contemporary hotel across Atlantic Avenue on the oceanfront. Both hotels will offer amenities to guests.
Amenities include a luxury spa/wellness center, a destination restaurant, a hunt room lounge, new
indoor and outdoor pools, recreation facilities, a linear park, gardens, and a parking facility. The
contemporary hotel will offer 90 luxury suites
1-B: What perceived VOID in your local tourism economy will this proposed project fill?
According to the marketing plan (Resort Area Strategic Action Plan, aka RASAP), there is a need for
transitioning older hotels along the oceanfront to higher quality accommodations. Currently, the
Cavalier on the Hill (historic hotel) is in need of major renovations. Many rooms are uninhabitable. The
preservation would transform the hotel into a fully functioning 5 star hotel with amenities; moreover
the current oceanfront hotel is a low-quality hotel. The oceanfront hotel would be replaced with a high
quality hotel accommodating luxury suites.
1-C: Will this proposed project fit into an existing Tourism Zone?
Yes
1-D: The proposed project will accomplish the following:
Projected jobs created by this project = 220 year round and 330 seasonal (total peak 550)
Projected local tax revenue =$17,950,102 (over ten years)
2-A: What attributes best describe your area:
Nature/Outdoor Recreation: Scenic drives, state parks, hiking, camping, lakes, rivers, beaches,
Chesapeake Bay, wildlife watching, motorsports, road cycling, jet aircraft observation, Japanese and
SGA Office
1/9/14
z
conservation gardens (opens 2014), disability parks, public playground parks, dog parks, oceanfront
boardwalk walking, agricultural - Farmer's Markets and "Pick your Own."
History/Heritage: Revolutionary, civil war, civil rights, Virginia lndian, African American, European
American, War of 1812, Naval operations, and American colonization
Epicurean/Experiential: Central business district, locally owned restaurants, ethnic foods, resort, fine
dining, spa services, large convention center, and Edgar Casey Foundation.
Sport/Recreation: Boating, sailing, canoeing, kayaking, fishing (fresh and salt), golf, hunting, biking, road
cycling, indoor sky diving (coming 2014), field house sport activities, soccer fields, Sportsplex stadium,
tennis courts, sports tournaments, skateboarding, skydiving, paint ball, jet skiing, marathons, aerial
adventure park (opens 2014), and surfing
Arts/Culture: Museums - marine science, fine art and aviation, historic homes, and colleges
Entertainment/Amusement: Cultural, music, wine, patriotic, art and craft festivals, a water park, go
carting, surfing championships, air shows, shopping malls, street entertainment, firework displays,
amphitheater and fine art concerts.
Do you offer seasonal or year-round experiences: Both
Do you have a peak season: Summer
2-B: What are your major lures and drivers that attract tourists to your area?
Clean wide beaches, family friendliness, low crime, peaceful sandy shores, a variety of entertainment
and recreational venues, museums, golfing, surfing, water sports, fishing, shopping malls, historic homes
and lighthouse, night life, oceanfront hotels, good weather, regional attractions, wildlife refuges, state
parks, shopping malls, and campgrounds.
2-C: What is your unique factor? What sets you apart from the competition?
The City has a:
• Historical hotel (Cavalier on the Hill) where Presidents, movie stars, and other dignitaries stayed
• Historical marker indicating the place where the first Europeans landed in America before
settling in Jamestown
• Historic lighthouse authorized by President George Washington as one of the first federal
government public infrastructures built
• Marine science museum featuring a glass aquarium walk-through tunnel and a large variety of
aquatic animals and interactive exhibits
SGA Office
1/9/14
3
• Psychic center featuring Edgar Cayce's (the Sleeping Prophet) lifetime work
• 20,000 seat outdoor amphitheater featuring top entertainment acts
• Military air museum with one of the largest WWI and WWII aircraft collections
• Naval master jet base (only one on the east coast) for jet observations
• Collection of historic homes for touring
• An indoor skydiving facility (opens in 2014)
2-D: Who is your major competition?
Myrtle Beach, SC and Ocean City, MD
3-A: Gauge your tourism infrastructure
How would you rate your transportation? (excellent, average, or weak)
Interstates: Weak
Secondary roads: Average
Signage: Average
Bus travel: Average
Train travel: Average
Air travel: Average
Waterways: Excellent
Taxi service: Average
Bike paths: Average
How would you rate your environment? (strong, average, or weak)
Air quality: Strong
Noise levels: Average
Traffic: Average
Landfills: Strong
Wetlands: Strong
Public health: Average
How would you rate your public services? (strong, average, or weak)
Police force: Strong
Healthcare: Average
Public utilities: Strong
Waste management: Strong
SGA Office
1/9/14
4
Rescue support: Strong
Communications: Strong
Public parks/recreation: Strong
3-B: Gauge your tourism economy and business community
How would you rate your accommodations? (strong, average, or weak)
B&Bs: Weak
Inns: Average
Hotels: Average
Resorts: Average
Rental property: Average
Cottages: Strong
Cabins: Weak
Campsites: Average
How would you rate your facilities? (strong, average, or weak)
Universities: Average
Performing arts: Strong
Outdoor parks: Strong
Convention facilities: Strong
Sporting venues: Strong
Event spaces: Strong
How would you rate your attractions? (strong, average, or weak)
Shopping: Average
Dining: Average
Historic: Strong
Museums/Aquarium: Strong
Wineries: Weak
Music festivals: Strong
Zoos/animal parks: Weak
Art galleries: Weak
Nature trails & facilities: Average
3-B: Gauge your local social and cultural assets
SGA Office
1/9/14
5
How would you describe your heritage and culture? (strong, average, or weak)
Multi-cultural diversity: Average
Geography: Strong
Architecture: Average
Historical improvements: Strong
Language: Average
Material culture: Average
Aesthetics: Average
Religious diversity: Average
How would you describe your local flavor? (strong, average, or weak)
Visitor friendly: Strong
Civic-mindedness: Average
Respect for diversity: Strong
Political climate: Average
Unity among civic groups: Average
Local sports team support: Average
University/college town: Weak
How would you rate your integrity of the area? (strong, average, or weak)
Safety: Strong
Cleanliness: Strong
Friendliness: Strong
Stability: Average
Quality of life: Strong
3-D: Gauge your top 3 strengths, weaknesses, opportunities and threats
Strengths
Pristine beaches
Family friendly environment
Safe community
Threats
Military oriented economy
Lack of high-quality hotels
Continual beach sand replenishment
Weaknesses
Not an international tourism destination
Interstate congestion
Year-round tourism
Opportunities
Youth retention
High technology job creation
Large entertainment venues
SGA Office
1/9/14
4-A: Existing market plan submission
Resort Area Strategic Action Plan (RASAP)
4-13: Your marketing plan will have the following affects:
Visitation increased by 50% (undetermined)
Tourist expenditures increased by 60% (undetermined)
Combined development and private sector investments of $10,000,000,000 (undetermined)
Visitor satisfaction increased by 33% (estimate)
Number of partnership participants in your marketing plan is undetermined
SGA Office
1/9/14
EXHIBIT C
SUMMARY OF TERMS
PERFORMANCE AGREEMENT FOR
(1) Historic Cavalier Hotel
(2) Oceanfront Cavalier Hotel
PARTIES: City of Virginia Beach
City of Virginia Beach Development Authority
Cavalier Associates, LLC
TERM: Commencing with the signing of the agreement, until the "gap
financing" is paid in full. However, the Performance Payments, as
described in the Agreement, will not commence until the Project
has transactions that are subject to state sales and use tax.
STATUTORY
AUTHORITY Virginia Code § 58.1-3851.1 governs the Virginia Gap Financing
Program, and all requirements set forth in the Performance
Agreement will be in conformity with this statute.
RECOURSE/
DEBT The entitlement to certain revenues authorized by § 58-3851.1
does not create debt of the City, the VBDA, or the Commonwealth
of Virginia (the "State"). Additionally, the performance agreement
will affirmatively state that there is no recourse of the "gap
financing" against the City, the VBDA, or the State.
PERFORMANCE
PAYMENT: If the Project is approved by the Virginia Tourism Corporation and
certified by the State Comptroller as qualifying for such payments,
the Agreement shall provide "Performance Payments" from the
State, the City, and the Project. Each Performance Payment shall
be equal to the revenue generated by one percent of the sales
generated on the premises of the Project. The amount of the
payments shall be provided quarterly based on an amount certified
by the Virginia Tax Commissioner.
METHOD OF
PAYMENT (STATE): After the amount is certified by the Tax Commissioner, the State
portion is remitted from the State Comptroller to the City. The City
remits this amount to the Development Authority.
METHOD OF
PAYMENT (CITY): After the amount is certified by the Tax Commissioner, the City
portion is remitted to the Development Authority.
METHOD OF
PAYMENT
ACCESS FEE: The Developer is responsible for an "access fee" that is equal to the
amount certified quarterly by the Tax Commissioner. The access
fee is remitted from the Developer to the City. The City remits this
amount to the Development Authority.
RESTRICTION ON
USE OF FUNDS: The Development Authority sends quarterly payments directly to
the financial institution in furtherance of the payment of the gap
financing. However, no payment shall be sent until the
Development Authority has all three portions attributable to the
previous quarter.
The only permitted use of the Performance Payments is for
principal and interest on the "gap financing." The amount of the
gap financing is $18,000,000 or 12.4% of the total project costs. In
the event that the total amount of the Payments exceeds any
annual debt service on the qualified gap financing, such excess
shall be paid to the principal of the loan until the qualified gap
financing is paid in full.
???? •
City Council Policy
?
Title: Guidelines for the Tourism Project
Gap Financing Program Index Number:
Date of Adoption: 3/13/2012 Date of Revision: Page l. of 6
1.0 Eurnose and Need
To transform the Virginia Beach Resort from a seasonal venue to a year-
round destination, private deve.lopment will be necessary; however, some
potential tourism projects have experienced difficulty obtaining tl.ie financing
necessary to make tkae projects a reality. A means for bridging the finaxaczng gap
was established by the General Assembly, codified as § 58.1-3851.1 of the
Virginia Code. This program provides additional funding - in the form of cash
flows - once projects are operational that may be directed to closing a financing
gap betvveen the debt and equity a developer currently has and the total
financing required by a tourism project. This program may generaliy be referred
to as "Tourism Project Gap Financing Program" or, as hereinafter referred to as,
the "Program: '
2.0 Policv Statement
The purpose of this policy is:
a) To provide guidance to City staff for the evaluation of proposed tourism
projects that seek to utilize the Program;
b} To signal to 1he development community the types of tourism projects that
would be eligible for the Program and the variaus steps required for fina1
approval; and
c) To infozm the broader coxnmunity of the public puxpose advanced by the
Program.
Title: Adoption Guidelines for the
Tourism Development Financing Program Index Number:
Date of Adoption: 3/13/2012 FDate of Revision: Page 2 af 6
ons
3.0 Definiti
3.1 Gap Financing - debt finaxxcing to compensate for a shortfall in project funding
between the expected deve]opment costs of an authorized towrism project and
the debt and equzty capital provided by the developer of the project. Gap
fmancing shall not exceed 20% of the total debt and equity required for a touriszn
proj ect.
3.2 Ferformance Agreement - an agreement between the developer and development
authority. The Performance Agreement shall aff'umatively state that the
Agreement does not create debt of the State or tlle City. The agreement has three
fun.ctions. First, the Performance Agreement requires the developeir to impose an
"access fee" in the amount of 1% of all transactions occurring on the project
premises. Second, the Performance Agreement establishes minimum
performance requirements for the tourism project including capital inveshnent,
new jobs, or other measureable criteria. Third, the Performance Agreexnent sets
forth the payment of the revenue streams in the amounts and for the puzposes
provided by § 581-3851.1 of the Virginia Code.
3.3 Tourism Development Financing Program - a program provided by the General
Assembly allowing state taac, local ta7c, and private developer "access fee"
revenue streams to be directed to gap financing. This Program does not allow
the creation of new state or local debt either through debt issuance or loan
guarmtee(s).
3.4 Tourism Marketing Plan - a strategic pIan adopted by the City Council and
required by Virginia Tourism Authority, which describes fihe City's action plan
for tourism related development.
3.5 Tourism Zone - a zone designated by the City Council to encourage tourism
related economic activities as provided by § 58.1-3851 of the Virginia Code.
3.6 Qualifying Tourism Project - a project that fills a void identified by the Tourism
Developznent Plan, is located in the Tourism Zone, meets the approval of City
staff based on the evaluation factors identified in this policy, has been endarsed,
by ordinance by the City Council, has been approved by the Virginia Tourism
Authority, and has been certif ed by the State Comptroller as qualifying for tt?e
entitlement to tax revenues authorized by § 58.1-3851.1 ofthe Virginia Code.
Title: Adoption Guidelines for the
Tonrism Deveiopment Financing Pragram Indeg Number:
Date of Adoption: 3/13/2012 Fate of Revision: Page 3 of b
4.0 How the Program Works
41 Debt Responsibiliiy. The Program does nat create State or City Debt.
4? Revenue Flows. The amount of revenue is keyed to one cent of the sales and use
taxes generated on the tourism project preznzses. Tkus amount i.s provided froz» the Taac
Commissioner on a quarterly basis. The amount of tha local tax portion and the "access
fee" are equal to the amount provided by the Tax Comrnissioner. After the completion
of aIl steps set £orth herein, the flow of revenues is as follows:
a) State Sa1es Taxes (certified by the Ta.x Commissioner) 4 State Comptroller
remits these revenues to the City 4 City reznits to the Developzn.ent Authority
4 Development Authority, puzsuant to the Performance Agreenaent, pays to the
Gap Financing.
b} Local Taxes (in an amount equal to the amount certified by the Tax
Commissioner) 4 City remits to the Development Authority 4 Development
Authoriry, pursuant to the Perfoxnaaxace Agreeiment, pays to the Gap Financing.
c} "Access Fee" (imposed by project developer and memorialized in the
Performance Agreement; in an anaount equal to the amount certified by the Tax
Commissioner) 4 Developer reznits to the City -l City remits to the
Develogment Authority 4 Development Authority, pursuant to #he Performance
Agreement, pays to the Gap Financing.
43 Prerequisites. Section 58.1-3851.1 of the Virginia Code requires the following
prerequisites:
a) The City Council has to adopt a Tourism Markering Plan. The Tourism
Marketing Plan provides a description of the types of tourism projects the City
desires as a matter of sixategic priority. A Qualifyin.g Tourism Project rn.ust fill a
void identified by the Tourism Marketing Plan.
b) The City Council had to adopt a Tourism Zone. A Qualifying Tourism Project
must be lacated 'zn the Tourisrn Zane.
c) To qualify for the Program, the project developer must demonstrate a shortfall in
project funding between tkxe expected development costs of the proposed touzism
project and the debt and equity capital provided by the developer of the project.
Title: Adoption Guidelines for the
Tourism Development Financing Program Index Number:
Date of Adoption: 3/13/2412 FDate of Revision: Page 4 of 6
This shortfall may not exceed 20% of the total project cflsts_ Proof of such
shortfall must be demonstrated in writing by a financial institution and meet the
satisfac#ion of the City's Director of Finance. If this writing contains
confidential infarmation, it should be so marked for putposes of the Freedona of
InfozxYZation Act_
5.0 Process
5.1 Application - Developers seeking to utilize the Pro.gxam sha11 submit an
applicata.on to the City of Virginia Beach Strategic Growth Area Office.
• The application will include project description, conceptuai design,
geographic parcel identification number (GPIlV), anticipated economic
irnpact, potential spin-off business synergy, effect upon tourism, competitive
venues, risk factors, any Virginia Tourism Authority fees, as applicable, and
potential remedaes for ri sk.
• The appli.cation must meet the three requirements set forth in subsection 43,
supra.
5.2 Evaluation - Each application will be reviewed by a staff revi.ew comznittee.
The review wi11 determiaae whethez the project:
a) Has a minimum capitai investment of $30 million;
b) Will provide ta.xable sales in the amount of at Ieast $ 1 miliion per year;
c) Will increase year-round employbnent;
d) Fills a void in the Tourism Marketing Plan;
e} Is located in the Tourism Zone;
fl The proof of the need for C'Tap Financing meets the approval of the City's
Directar of Finance;
g) Does not requixe a prokxibitive amount of City investment, including
roadvaays, parlang, and other infrastructure.
5.3 Brzeftng - After City staff have reviewed tlae application, a representative from
the Strategic Growth Area Office or other related office will provide a briefing
to the City Council. At this briefing, the Sta.ff will require infonnal direction as
to whether there is preliminary support for the proposed tourism project. If
there is support by the City Council, Sta.ff will provide a sirnilar briefing to the
Development Authority.
Title: Adoption Guidelines for the
Tourism Development Financing Program Index Nunaber:
Date of Adoption: 3/1312012 FDate of Revision: Page 5 of 6
5.4 Development of a Performance Ab eement - After preliminary approval by the
City Council and the Development Autharity, Staff and the tourism project
developer will begin work an a Performance Agreement. The Performance
Agreement will do the three functions described in Section 3.2, supra. Fina1
execution of the Perforrnance Agreement will be conditioned upon the project
receiving approval by the Virginia Touxism Authority axxd certification by the
State Comptroller as qualifying for the entitlement to tax revenues authozized by
§ 58.1-3851.1 of the Virginia Code.
5.5 Project Endorsement Ordinance - Prior to the completion of the Performance
Agreement, City Staff will present an ordinance to the City Council. The
ordiuzance will pxovide for the endorsement of the proposed tourism project by
the Council and the willingness, subject to approval by the State and execution
of the 1'erformance Agreement, of the City to allow the project to receive an
atxaount of local tax revenues equal to one cent of the Virginia Sales and Use
Tax for all transactions occurring on the project premises.
5.6 Project Submission to the Virginia Tourisrre Authority - After the Council
appraval of the ordinance endorsing the proposed towrism project, the City will
forward the application and ordinance(s) to the Virginia Tourism Authority and
to the State Comptroller, as required.
5.7 Execution of Performance flgreement by Project Developer - After the project
has been approved by the Virginia Tourism Authority and the State Comptroller,
the Perfornaance Agreement, in final form, will be provided to the project
developer for execution.
5.8 Development AuthoYity Approval - After appravals at the state level and
execution by the project developer, the Development Authority will be
presented with a resolution to approve the Perfonnance Agreement in final
form.
5.9 Final Approval - If this resolution is approved by the Development Authority,
the Chair of the Development Authority will execute the Performance
Agreement.
Title: Adoption Guidelines for the
Tourism Deve)apment Financing Program Index Number:
Date of Adopiaon: 3/13/2012 Date of Revision: Page 6 of 6
Approved as l
to Content:
Sirate ' Gro th Area Office
Direct
Approved as ?&*? to C ontent: '
Economic Development
D artment Director
FinancialImpact: ROKU-a Finance Dizector
Approved as to
Lega1 Sufficiency:
City Attorney
Reviewed by:
Cit Manager
1
APPROVED BY
CITY COUNCIL:
Mayor
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance (1) Declaring 10.35+/- Acres of Land Located at the Intersection of
Dam Neck and Landstown Roads to be in Excess of the City's Needs, and (2)
Authorizing the Dedication of Same to the YMCA of South Hampton Roads
MEETING DATE: January 28, 2014
¦ Background: The City of Virginia Beach (the "City") owns two parcels of land
located the intersection of Dam Neck and Landstown Roads (GPINs: 1484-79-2884
and 1484-79-2434), consisting of approximately 10.35 acres (the "Property").
YMCA of South Hampton Roads ("YMCA") desires to construct and operate a
community facility offering recreational and educational programs to serve the
community, including an approximately 40,000 - 45,000 sq. ft. community facility and a
50-meter competition pool on the Property (the "Project").
The City and YMCA came to a shared understanding regarding each party's obligations
and responsibilities in connection with the Project, which are set forth in a Term Sheet
dated June 1, 2011 (the "Term Sheet"). On June 14, 2011, City Council approved the
Term Sheet by Ordinance ORD-3183F.
The City and YMCA have negotiated modifications of the Term Sheet to remove the
requirement for an architectural membrane covering the 50-meter competition pool, and
to extend the date to commence construction to June 1, 2014. On December 10, 2013,
City Council approved the modifications to the Term Sheet, by Ordinance ORD-3320G
(the "Modified Term Sheet").
YMCA and City staff have negotiated the terms and conditions of a Development
Agreement (the "Development Agreement"), by which the Property would be dedicated
to YMCA in connection with the Project. A summary of terms setting forth the elements
of the Project is attached to the Ordinance as Exhibit A(the "Summary of Terms").
¦ Considerations: The terms of the dedication are the same as presented in the
Amended Term Sheet with the addition of (i) the ability of the YMCA to lease a portion
of the Property at a nominal amount to another non-profit for activities consistent with
the YMCA's mission such as early childhood development activities, and (ii) addition of
deed restrictions and a reverter to restrict the use of the Property to non-profit uses
consistent with the mission of the YMCA.
As set forth in the Modified Term Sheet, the YMCA will endeavor to ensure that low and
moderate income families and children residing in the Princess Anne area and
surrounding neighborhoods in the City have membership and program opportunities by
providing scholarship assistance through the YMCA's Sliding Scale program.
Prior to effectuating the transaction set forth in the Modified Term Sheet and the
Development Agreement, the City Council must vote to declare the Property excess and
authorize the conveyance to the YMCA, as contemplated by the Agreement.
¦ Public Information: Advertisement of the public hearing for the proposed
conveyance of City-owned property in The Virginian Pilot. Advertisement of City
Council Agenda.
¦ Alternatives: Approve the Ordinance as presented, deny approval of the
Ordinance, or add conditions or modifications as desired by City Council.
¦ Recommendations: Declare the Property excess and authorize the City
Manager to execute all necessary documents to convey the Property to the YMCA and
effectuate the proposed Project, subject to the terms and conditions in the Summary of
Terms, and such other terms, conditions or modifications as may be satisfactory to the
City Council.
¦ Attachments: Ordinance
Summary of Terms
Location Map
Recommended Action: Approval
Submitting De m Agency: Dept. of Parks and
City Manager: ?
\\vbgov.com\DFSI\Applications\CityLawProd\cycom 2\Wpdocs?D023\P015\00054754.DOC
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AN ORDINANCE (1) DECLARING 10.35+/- ACRES
OF LAND LOCATED AT THE INTERSECTION OF
DAM NECK AND LANDSTOWN ROADS TO BE IN
EXCESS OF THE CITY'S NEEDS, AND (2)
AUTHORIZING THE DEDICATION OF SAME TO
THE YMCA OF SOUTH HAMPTON ROADS
WHEREAS, the City of Virginia Beach (the "City") owns two parcels of land
located at the intersection of Dam Neck and Landstown Roads (GPINs:1484-79-2884
and 1484-79-2434), consisting of approximately 10.35 acres (the "Property");
WHEREAS, YMCA of South Hampton Roads ("YMCA") desires to construct and
operate a community facility offering recreational and educational programs to serve the
community, including a 40,000 - 45,000 sq. ft. facility and a 50-meter competition pool
on the Property (the "Project");
WHEREAS, the City and YMCA came to a shared understanding regarding each
party's obligations and responsibilities in connection with the Project, which are set forth
in a Term Sheet dated June 1, 2011 (the "Term Sheet"). On June 14, 2011, City Council
approved the Term Sheet by Ordinance ORD-3183F;
WHEREAS, the City and YMCA have negotiated modifications of the Term
Sheet, and on December 10, 2013, City Council approved the modifications, by
Ordinance ORD-3320G;
WHEREAS, YMCA and City staff have negotiated the terms and conditions of a
Development Agreement (the "Development Agreement"), by which the Property would
be dedicated to YMCA in connection with the Project. A summary of terms setting forth
the elements of the Project is attached hereto as Exhibit A(the "Summary of Terms");
and
WHEREAS, the City Council is of the opinion that the Property is in excess of the
City's needs and conveyance of the Property to YMCA, in accordance with the terms set
forth in the Summary of Terms, would allow for the development of a community asset
on the Property for the benefit of the citizens of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the 10.35+/- acres of land located at the intersection of Dam Neck and
Landstown Roads (GPINs:1484-79-2884 and 1484-79-2434) (the "Property"), is hereby
declared to be in excess of the needs of the City of Virginia Beach.
2. That the City Manager is hereby authorized to execute the Development
Agreement and any and all other documents necessary to convey the Property to YMCA,
so long as such documents are in substantial conformity with the Summary of Terms,
47 attached hereto as Exhibit A, and made a part hereof, and such other terms, conditions
48 or modifications as may be acceptable to the City Manager and in a form deemed
49 satisfactory by the City Attorney.
50
51 This Ordinance shall be effective from the date of its adoption.
52
53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
54 of , 2014.
APPROVEJ??AVfO CONTENT:
Parks and Recreation
APPROVED AS TO LEGAL
SUFFICIENCY-
City Attorney
CA12772
\\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D030\P011 \00013007.DOC
R-1
January 16, 2014
EXHIBIT A
SUMMARY OF TERMS
Deciare 10.35+/- Acres of Land in Excess of the City's Needs
and Dedicate Same to the YMCA of South Hampton Roads
PROPERTY
OWNER:
DEVELOPER:
PROPERTY
EXISTING TERMS:
City of Virginia Beach (the "City")
YMCA of South Hampton Roads ("YMCA")
10.35+/- acres of City-owned land located at the intersection of Dam Neck
and Landstown Roads (GPINs: 1484-79-2434 and 1484-79-2884)
• City to dedicate a portion of the Property to the YMCA "as-is" and subject to
certain restrictions.
• YMCA to construct and operate a facility for recreational and educational
programs and services to the community (the "Project").
• Project to include an approximately 40,000 - 45,000 sq. ft. community facility, and
a 50-meter outdoor competition pool, without being covered by an architectural
membrane at this time.
• YMCA will endeavor to ensure that low and moderate income families and
children residing in the Princess Anne area and surrounding neighborhoods in
the City have membership and program opportunities by providing scholarship
assistance through the YMCA's Sliding Scale program.
• Project design and construction to be consistent with the Princess Anne
Commons Design Guidelines.
• All Project design and construction plans must be reviewed and approved by the
City.
• Project construction to start on or before June 1, 2014.
ADDITIONAL TERMS
YMCA to have the right to lease a portion of the property at nominal rent to
another non-profit for activities consistent with the YMCA's mission such as the
provision of early childhood development services.
CITY PROTECTIONS:
Deed conveying Property to YMCA to contain standard provisions
regarding restrictions on resale and reverter to City to ensure the Property is only
used for purposes consistent with the non-profit mission of the YMCA.
Other than contribution of land, City not responsible for any costs
associated with the Project.
?: Nu?°F"?s•?'?
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Resolution re Policy on Banners on Pedestrian Bridge in Central Business
Core District
MEETING DATE: January 28, 2014
¦ Background: Banners have been allowed to displayed on the pedestrian bridge
over Columbus Street for a number of years; to date, however, there has been no
formal policy governing those displays.
¦ Considerations: The proposed Resolution adopts a policy that formalizes the
current informal policy regarding the display of banners from pedestrian bridges in the
Central Business Core District. The policy contains limitations regarding the length of
time such banners may be displayed, their size and purposes for which banners may be
hung. No substantial changes from the current informal policy are made.
¦ Public Information: Advertised as an ordinary agenda item.
¦ Recommendations: Adoption of resolution.
¦ Attachments: Resolution, banner policy.
Recommended Action: Approval
Submitting Depart gency: Department of Economic Development
City Manager: '? L?
1
2 A RESOLUTION TO ADOPT A POLICY
3 REGARDING THE DISPLAY OF BANNERS ON
4 PEDESTRIAN BRIDGES IN THE CENTRAL
5 BUSINESS CORE DISTRICT
6
7
8 WHEREAS, banners hung from the pedestrian bridge over Columbus Street
9 have traditionally been allowed to be displayed in connection with events at the Sandler
10 Center, Ynot Wednesdays and elsewhere within the Town Center area; and
11
12 WHEREAS, such banners provide an effective means of generating interest in
13 cultural events and entertainment in Town Center and in providing information to
14 residents, visitors and those who work in the area regarding the time, place and nature
15 of such events and entertainment; and
16
17 WHEREAS, the current policy governing the display of banners from pedestrian
18 bridges has heretofore been informal in nature; and
19
20 WHEREAS, in order to formalize the current policy regarding the display of
21 banners on the pedestrian bridge over Columbus Street and any similar structures that
22 may be constructed in the future;
23
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
25 OF VIRGINIA BEACH:
26
27 1. That the "Pedestrian Bridge Banner Policy, Central Business District,"
28 dated December 2013, a true copy of which is hereto attached and is on
29 file in the office of the Senior Project Development Manager of the
30 Department of Economic Development, is hereby adopted; and
31
32 2. The City Manager and his designee are hereby authorized to administer
33 and enforce the provisions of the aforesaid Policy.
34
35 Adopted by the City Council of the City of Virginia Beach on the day
36 of , 20_.
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41 APPROVED AS TO CONTENT:
42
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45 Dept. of Ec nomic Kvelopment
46
47 CA-12703
48 October 23, 2013
49 R-1
APPROVED AS TO LEGAL SUFFICIEN Y:
/ ? .
?
?
City Attorney's Office
2
PEDESTRIAN BRIDGE BANNER POLICY
CENTRAL BUSINESS CORE DISTRICT
December, 2013
Banners hung from the pedestrian bridge over Columbus Street have traditionally been
allowed to be displayed in connection with events at the Sandler Center Plaza, Fountain Plaza
and elsewhere within the Town Center area. Such banners provide an effective means of
generating interest in cultural events and entertainment in Town Center and in providing
information to residents, visitors and those who work in the area regarding the time, place and
nature of such events and entertainment. To date, however, no formal policy governing the
display of banners from pedestrian bridges has been in effect.
This policy is intended to establish a formal policy regarding the display of banners on
pedestrian bridges over City streets in the Central Business Core District. It does not apply to
banners allowed by applicable sign regulations set forth in Article 2 or Article 22 of the City
Zoning Ordinance.
1. Banners shall be allowed only for the purposes of promoting special events,
events at major entertainment venues and similar activities held within the CBC Central
Business Core District. There shall be no more than one (1) banner on each side of the
pedestrian bridge at any time.
2. Information displayed on banners shall be limited to the name, date/time, location
of the event and the logo of the sponsor(s) of the event. No additional commercial advertising
shall be displayed.
3. Banners shall not exceed six feet by forty-six feet (6' x 46) in size. Lettering shall
no less than six inches (6") high.
4. Banners shall be displayed for no longer than fourteen (14) days prior to an event
unless a longer period of time is approved by the Senior Project Development Manager of the
Department of Economic Development in the case of an event that regularly recurs on a
weekly or more frequent basis or for other good cause shown. Banners shall be removed
within two (2) business days after the conclusion of the event.
5. If necessary by reason of conflicting event schedules, banners shall be allowed
in the following priority:
(1) Town Center Program Events;
(2) Sandler Center Events; and
(3) Other qualifying events
Approved:
City Manager or Designee
Date:
2
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A RE5OLV7ION COM_%iFNDING rLME CI`m' CGE2K A,M JY'ER
S7A?F?F TOR 4'1f7E7R ExmP7I0NAG Of/7MLING OT 2'{(E
CovNCIG94E94BE"wOINrL12EgvCcPR,OCESS
`GVJfE2gj7,S, trw election of CounciCmem6ers GCenn Davis and BiCCDeStepk to the 7fouse of (Delegates
Novem6er 2013, and their su6sequent resignations from City Counci? createQ two Cttj' Counrif vacancies;
'W'}fE?1j,?EA,S, state Caw requires the City CounciCto ftllsuc(z vacancies 6y appoinhnent;
'W',XrE4'?,?E,4,S, t(ie City CounciCkolds an annunCretreat at wfich it sets goals and priorities for tfie coming year,
antl t(ze retreat hacf 6een Cong-scFieduledforianuary 6 and7, 2014;
W7f+E(kE,7,S, the new mem6ers neeQ'ed to 6e appointed prior to January 616 in order to participate as
councilmem6eis in the retreat, 6ut tfie ?Decem6er FeofuCays, coupCedwitk City CounciCs strong desire fot an open, incfusive
and transparent appointment process, presented severe CogisticaCcfiaf(enges,•
U&ERE,1,S, tfze City Clerkand 6er staff worked tirefessCy to ensure tFiat eacfi step of the cornpCeX appointment
proress was compCetedefficientfy and in fu[Ccampfiance untf: statutory anrf cFiarter requirements, incCuding:
• ftomptfy drafting aruf posting t(ce officiaC notice and advertisement tfiat sougkt caridiefates for tke
dutrict and at-large seats, tfiere6y ena6fing t(re pu6Cu w fearn of tfw process on Novem6er I516 (a
mere ten days after t(?e Novern6er 2013 election tfiat promptecf t(u two resignations) and wkick a(sa
prosietf appCtcants wit( more tfian two weeks in w&ich to assem6Ce araf su6mit t&eir appf'catian
materiaG;•
. E_VeditiousCy processisg app!'uant materials from tl:irty-nine appfcanu aruf then foCCowing up with
candizfates to fieCp ensure that each appCtcation was complete;
• `('VOrk,ing witfi otrwf City offwes to ettSUre t?1at eack ¢ppl'uant met t(1E ClYtCiT4 fof appOintlnent that 7S
mandated6y state Caw anQ'tFie City Cfiarter,
• TromptCy assem6Cng 6inefers for eaeh current couneiCnem6er witfi etailed information on eaclz
appCuant; and
• 1?'r'oviding assistanre aruf infonnation to appCcants, the pu6fic, and tfie presr, and
ryi?}L+EREJ7,S, the City Cferkandf:er staff went over anda6ove tfie caCCof duty to ensure tftat tfie City CounciC
appointraent process went smoot(Cy, despite su6stantiaCrime and Cogisticalclw(renges, anQ also ensured tfiat the process
war conductedin a fair, open, incCusive andtransparent manner that ena6ledCity CounciCto make t(?ese appointments
prior to t(e &oC'ufays aruf, most ianportantCy, pnor to the enrCy January City CoundCretreat.
NO`W, `Z7LiERE`FOR`E, BE 17XESOLVED B2'qVL Co'VNCIL OT ?L'3fE CI°ITYOT NIRGIT7A BEACX,
VIR979Y7A
TFwt the City CounciC hereby commends Ciry Ckrk, Rutfi 9['odges ?F'raser, C&ief Deputy City CCerG,1'lmanda
Tinley-?darnes, Senior ?Deputy Cztj' C(eTk,Cjfona `GVinklet, and ?Deputy City C?rk,s Sarah ,7en?'ru, Sandy 9l?ladison, and
Sandy iltnmpson for t(teir eztraordinary pu6fic service to the eitizens of Nirginia Beach.
Given utufer our (anrfs and deals this TourteentFi day of9anuary, Two qiouaandardfturteen.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEMS: (1) A Resolution Requesting the Virginia Department of Transportation
to Accept Additional Streets for Urban Maintenance Payments
(2) A Resolution Requesting the Virginia Department of Transportation
to Accept Corrections to the Road Inventory for Urban Maintenance
Payments
MEETING DATE: January 28, 2014
¦ Background: The Virginia Department of Transportation ("VDOT") maintenance
funding is conditioned upon City Council submitting to VDOT resolutions for all new
streets and for all corrections/deletions to the City's road inventory. VDOT provided the
City with a letter, dated June 22, 2013, which stated the FY14 reimbursement rates.
The rates are as follows: local/collector streets will be reimbursed at $10,970 per lane
mile, and arterial streets will be reimbursed at $18,684 per lane mile.
¦ Considerations: The first resolution requests the addition of newly constructed
streets in the amount of 30.00 lane miles which will be eligible for urban maintenance
funds beginning July 1, 2014. All of the 30.00 lane miles are classified as local/collector
streets. Based on the present VDOT reimbursement rates indicated above, the City will
receive $329,143.88 per year for these local/collector streets.
The second resolution requests changes to the current VDOT maintenance funding
inventory due to duplications or updated lane mile data. There are 5.46 lane miles of
local/collector streets to be deleted from the inventory. There are corrections in the
amount of 5.72 lane miles of local/collector streets to be added back to the inventory.
There are 12.64 lane miles of local/collector streets to have their classification changed
to urban minor arterials. Based on the present VDOT reimbursement rates indicated
above, the City reimbursement will be increased by $2,852.20 per year for these
changes to local/collector streets and by $236,165.76 for these street reclassifications
to minor arterial streets.
The total net increase in urban maintenance lane miles from the additional and the
corrections will result in a funding increase of $568,161.84 from VDOT.
¦ Public Information: The item will be publicized as part of the City Council's
agenda.
¦ Attachments: Resolutions (2), Exhibit A("New Streets"), Exhibit B("Changes")
Recommended Action: Approval
Submitting Depfi-rbq tl ency: Public Works P kD
City Manager: ? ??
1 A RESOLUTION REQUESTING THE VIRGINIA
2 DEPARTMENT OF TRANSPORTATION TO
3 ACCEPT ADDITIONAL STREETS FOR URBAN
4 MAINTENANCE PAYMENTS
5
6 WHEREAS, the Virginia Department of Transportation requires a City Council
7 resolution prior to accepting additional streets for urban maintenance payments; and
8
9 WHEREAS, the 30.00 (Local/Collector) lane miles of streets listed on Exhibit A
10 (attached) have been constructed in accordance with standards established by the
11 Virginia Department of Transportation; and
12
13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain
14 these streets; and
15
16 WHEREAS, a representative from the Virginia Department of Transportation has
17 inspected and approved these streets.
18
19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21
22 That City Council hereby requests the Virginia Department of Transportation to
23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference,
24 and to begin paying urban maintenance payments to the City of Virginia Beach based
25 on the established rate.
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:
Public Works -Gitv°A&rne O ice
CA12870
R-1
December 30, 2013
City of Virginia Beach
Exhibit A- New Streets Public Works / Operations
Street Twe STREET ' FROM ' TO LANE MILES
LOCAL AMBER BAY CT CHELSEA GREEN DR S CUL-DE-SAC 0.12
LOCAL APIARY CT LONDON BRIDGE RD E CUL DE SAC 0.44
LOCAL ARMON AV ANSOL LA N CUL-DE-SAC 0.36
LOCAL BANK ST INDEPENDENCE BLVD MARKET ST 0.10
LOCAL BANK ST MARKET S I CENTRAL PARK AV 0.05
LOCAL BASSETT AV ROBERT JACKSON DR DEAD END 0.44
LOCAL BEACHTOWN DR ATLANTIS L)R HOPE AV 0.10
LOCAL BEAGLE WAY N CUL DE SAC E CUL DE SAC 0.46
LOCAL BEECHWALK DR LOVE CT N DEAD END 0.42
LOCAL BETULA CT CHELSEA GREEN DR S CUL-DE-SAC 0.08
LOCAL BITTER ROOT CT CHELSEA GREEN DR N CUL-DE-SAC 0.10
LOCAL BLACKSTONE CT BLACKSTONE TR CUL-DE-SAC 014
LOCAL BLADE CT CORBIN DR CITY LINE 0.04
LOCAL BLITZ CT BLACKSTONE TR CUL-DE-SAC 0.14
LOCAL BLUEFISH LA SANDPIPER RD (NB) W DEAD END 014
LOCAL BLUEMONT CT COVENTRY RD W CUL-DE-SAC 0.14
LOCAL BOSCO CT BLACKSTONE TRL CUL-DE-SAC 014
LOCAL BRESLAW CT BLACKSTONE TRL CUL-DE-SAC 0.14
LOCAL BRIAN AV CLEVELANll ST EUCLID RD 0.14
LOCAL BROOKLYN AV S BIRDNECK RD CUL-DE-SAC Q,Z$
LOCAL BROOKLYN CT BROOKLYN AV CUL-DE-SAC 0.18
LOCAL BUTLER LA SAN MARCO RD N CUL DE SAC 0.14
LOCAL CADBURY CI BILTMORE DR CUL-DE-SAC 0.06
LOCAL CANDY TUFT CT CHELSEA GREEN DR N CUL-DE-SAC 0.04
LOCAL CARISSA CT S BIRDNECK RD E CUL-DE-SAC 0.10
LOCAL CARLSBAD CT ARTESIA WY W CUL-DE-SAC 0.14
LOCAL CATFISH RD DRUM POIrT ROAD CUL-DE-SAC 035
LOCAL CENTRE POINTE DR BAXTER RD S DEAD END 034
LOCAL CERETA WAY HOLLAND RD BEAGLE WAY 0.10
LOCAL CHANNEL POINTS LN ADAM KEELING RD DEAD END 016
LOCAL CHAPPELL PL HARRIS POINT DR S CUL-DE-SAC 0.12
LOCAL CHELSEA GREEN DR CUL-DE-SAC CUL-DE-SAC 1.10
LOCAL CHICK'S BEACH CT GREENWELL RD N CUL-0E-SAC 0.20
LOCAL CHIPPENHAM RD E HARRIS POiNT DR CUL-DE-SAC 0.10
LOCAL COASTAL DR VIRGINIA DARE DR W CUL-DE-SAC 0.26
LOCAL COLLECTION CREEK WY FIRST COLONIAL RD (SB) DEAD END 0.08
Tuesday, January 14, 2014 Page 1 of 4
LOCAL COMMERCE ST INDEPENDENCE BLVD MARKET ST 0.20
LOCAL COMMERCE ST MARKET ST CENTRAL PARK AV 0.10
LOCAL COMMUNICATIONS CI SHELL RD W DEAD END 012
LOCAL CORRENTE LN LAS BRISAS DR CUL-DE-SAC 026
LOCAL CRIPPLE CREEK CT VIRGINIA BEACH BL N DEAD END 0.16
LOCAL DEDI CT BLACKSTONE TRL CUL DE SAC 0.10
LOCAL DEKOLTA CT BLACKSTONE TRL CUL-D&SAC 0.10
LOCAL DEL HAVEN CT RICHARDSON RD S CUL DE SAC 0.16
LOCAL DINWIDDIE RD LOCKHAVEN CR SEA GULL BLUFF DR 0.54
LOCAL DITCHLEY RD YORK LA BRUTON LA 0.31
LOCAL DODGE DR LARK ST SILINA DR (WB) 0.18
LOCAL DORSET AV SOUTHERN BL N CUL-DE-SAC 0.18
LOCAL EBB TIDE RD SHORE DR (WB) OCEAN SHORE AV 0.22
LOCAL EDENTON CT BERNADOTTE ST S CUL-DE-SAC 0.18
LOCAL EDINBURGH PL EDINBURGH DR CUL-DE-SAC 0.04
LOCAL EGO DR LAVERGNE LA AIR STATION DR 0.44
LOCAL ELBA ST LYNNSHORE DR CUL-DE-SAC 0.12
LOCAL EMPIRE PASSAGE CT ROYALE WALK DR E CUL-DE-SAC 0.06
LOCAL EVAR PL CULVER LA S CUL DE SAC 0.20
LOCAL FAIR LADY PL FAIR LADY RD W CUL-D&SAC 0.10
LOCAL FAIRWEATHER CT CHELSEA GREEN DR S CUL-DE-SAC 0.06
LOCAL FAWKES CT BLACKSTONE TRL CUL-DE-SAC 010
LOCAL FOUNDRY LA VIRGINIA BEACH BV CUL-DE-SAC 018
LOCAL FRAZEE LN S BIRDNECK RD CUL-DE-SAC 0.10
LOCAL FREIGAT LN PRINCESS ANNE RD DEAD END 0,22
LOCAL GAINES LD SOUTH WOODSIDE LN CUL-DE-SAC 028
LOCAL GENERAL CLARK CT DOLTON DK S CUL-DE-SAC 0.06
LOCAL GENESEF, WY GREY DOVF, LA CENTENNIAL CI 0.18
LOCAL HAWKINS LA NbWTOWN RD (NB) N DEAD END 0.12
LOCAL HOLLADAY RD WITCHDUCK RD N HOLLADAY LA 0.62
LOCAL HORACE AV COLUMBUS ST VIRGINIA BEACH BL 0.24
LOCAL HOUND CT BEAGLE WAY E CUL DE SAC 0.08
LOCAL HUTTON CI OCONEE AV S CUL-DE-SAC 016
LOCAL HYDE LA BEADEN DR BEADEN DR 0.16
LOCAL INDIAN CI INDIAN RD CUL-DE-SAC 0.16
I,OCAL INDIAN CREEK CT INDIAN CREEK RD E CUL-DE-SAC 0,32
LOCAL KEPLER BN WASSERMAN DR CUL-DE-SAC 0.48
LOCAL KLINE DR HARRIS RD CUL-DE-SAC 0.44
LOCAL LILA LN INDIAN RIVER RD END 010
Tuesday, January 14, 2014 Page 2 of 4
Street Ti
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
I.OCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LIONS WY KEMPSVII,LE RD SCHOOL PROPERTY 0.30
LITCHFIELD CT LITCHFIELD RD CUL-DE-SAC 0.14
LITCHFIELD RD HARRIS RD CUL-DE-SAC 0.20
LOCKHEED AV ATLANTIC AV S VANDERBILT AV 0.10
LOOKOUT CT LOOKOUT RD S CUL-DE-SAC 0.08
LUXOR AV QUEEN CITY RD CITY LINE 0.10
MAIDSTONE CI 1002 SOUTH BLVD CUL-DE-SAC 0.02
MARKET ST BANK ST VIRGINIA BEACH BL 0.12
MARKET ST COLUMBUS ST COMMERCE ST 0.10
MARKET ST COMMERCE ST BANK ST 0.12
MARKET ST S DEAD END COLUMBUS ST 0.08
MASON ST REEDTOWN RD S CUL-DE-SAC 0.16
MATHEWS GREEN RD PRINCESS ANNE RD MATHEWS GREEN RD 1.18
MAY CT BEAGLE WAY E CUL DE SAC 0.06
MEADOW CREST WY ELBOW RD N CUL-DE-SAC 0.24
MEETING HOUSE LA MEETING HOUSE RD CUL-DE-SAC 0.40
MEETING HOUSE RD CHURCH POINT RD WEST CHURCH POINT RD EAST 0.80
OAKRIDGE CI DEAD END CUL-DE-SAC 0.10
OAKUM CREEK CT E CUL-DE-SAC W CUL-DE-SAC 030
OLDS LN S BIRDNECK RD CUL-DE-SAC 0.30
OYSTER POINT QY LITTLE NECK PT CUL-DE-SAC 0.06
PADMA CT GREENVIEW DR N CUL DE SAC 0.06
PARVATHI CT GREENVIEW DR N CUL DE SAC 0.06
PRESTIGE WY E CUL DE SAC S PLAZA TR 0.26
PROFESSIONAL CI WHITECHAPEL DR INDEPENDENCE CI 0.26
PROGRESS LA CENTRAL DR PRIVATE PROPERTY 0.60
REEDTOWN RD MASON N CUL-DE-SAC 0.36
RIO BRAVO BN LOS COLONIS DR CUL-DE-SAC 0.14
RIVER BREEZE CV INGRAM RD E CUL-DE-SAC 0.24
ROBBINS CT ROBBINS LA CUL-DE-SAC 0.04
ROYALE WALK DR LONDON BRIDGE RD CHELSEA GREEN DR 0.62
SCHUMANN DR DAVINCI DR. FIREFALL DR. 0.84
SMOKEHOUSE RD WELL WATER LA W DEAD END 0.46
SPIGEL DR SPIGEL DR S HALL HAVEN DR 0.32
SQUADRON CT TAYLOR FARM RD E CUL-DE-SAC 0.52
STRAWBRIDGE RD S DEAD END LONDON BRIDGE RD (SB) 1.02
STREAMLINE DR N DEAD END FIGHTER DR 0.32
SUMMERVILLE CT CARVER AV N N CUL DE SAC 010
SUTTON PL PROVIDENCE RD JAMESTOWN LANDING RD 0.04
Tuesday, January 14, 2014 Page 3 of 4
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
TABLE ROCK LA
TALL OAK CT
TALON CT
TAYLORFARM RD
THRUSH CT
TRADEWINDS RD
TRADING POINT LA
TRESSLE VIEW PL
TWEEDSMUIR CT
VETERINARY WY
WESLEY DR
WESTPORT PL
WESTWARD DR
WHITETAIL CT
WHOOPNG CRANE CI
WILHELM DR
TABLE ROCK RD.
TALL OAK DR SOUTH
MAGIC HOLLOW BLVD.
DAM NECK RD
BROOKLYN AV
LEVEL GREEN BLVD SOUTH
LITTLE NECK PT
GUM AV S
ROYALE WALK DR
PRINCESS ADINE RD
POTTERS RL) (WB)
PROVIDENCE RD (EB)
E DEAD END
GREENLAW DR
PURPLE MARTIN LA
CASTLE GA"tE LA
CUL-DE-SAC
CUL-DE-SAC
CUL-DE-SAC
LONDON BRIDGE RD
CUL-DE-SAC
CLEAR SPRINGS LN
CUL-DE-SAC
W CUL-DE-SAC
E CUL-DE-SAC
W CUL DE SAC
W CUL DE SAC
JAMESTOWN LANDING RD
FIRESIDE LN
ClI[,-D&SAC
N CUL DE SAC
BOMBAY LD
Total Lane Miles of LOCAL streets :
Total Lane Miles of New Street :
0.14
0.10
0.10
0.30
0.16
0.78
0.22
0.18
0.06
0.12
034
0.06
0.05
0.08
016
0.66
30.00
30.00
Tuesday, January 14, 2014 Page 4 of 4
1 A RESOLUTION REQUESTING THE VIRGINIA
2 DEPARTMENT OF TRANSPORTATION TO
3 ACCEPT CORRECTIONS TO THE ROAD
4 INVENTORY FOR URBAN MAINTENANCE
5 PAYMENTS
6
7 WHEREAS, the Virginia Department of Transportation requires a City Council
8 resolution prior to accepting corrections or deletions to the revised road inventory for
9 urban maintenance payments;
10
11 WHEREAS, City personnel have reviewed the revised road inventory prepared
12 by the Virginia Department of Transportation and have determined that some
13 inaccuracies exist;
14
15 WHEREAS, corrections to the revised road inventory have been made as shown
16 on Exhibit B(attached); resulting in a net increase of 0.26 (Local/Collector) lane miles
17 and changes in class have resulted in an increase of 12.64 (Minor Arterials) lane miles;
18
19 WHEREAS, a representative from the Virginia Department of Transportation has
20 inspected and approved corrections.
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That City Council hereby requests the Virginia Department of Transportation to
26 accept the corrections listed on Exhibit B, attached hereto and incorporated by
27 reference, and to begin paying urban maintenance payments to the City of Virginia
28 Beach based on the established rate.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of 12014.
APPROVED AS TO CONTENT:
V
A' Nki'L:2-?
Public Works
APPROVED AS TO LEGAL SUFFICIENCY:
__ .. m?.
Cit ice
CA12871
R-1
December 30, 2013
LOCAL SHENVALEE DR PROVIDENCE RD CUL DE SAC 0.78
LOCAL SHOREHAVEN CT SHOREHAVEV DR S CUL DE SAC 0.18
LOCAL SIGNATURE CI SIGNATURE DR SIGNATURE DR 0.32
LOCAL SILVER LAKE DR BELSPRINGS DR BELSPRINGS DR 0.52
LOCAL SILVER MAPLE CI SILVER MAPLE DR S CUL DE SAC 0.06
LOCAL SILVER SPRINGS CT NORTH CUL-DE-SAC SOUTH CUL-DE-SAC 012
LOCAL SILVERCREST LN SPARROW RD EAST E CL DE SAC 0.10
LOCAL SIOUX DR NARRAGANSETT DR N DEAD END 0.14
LOCAL SIR WILFRED PL OXFORD DR WEST N CUL DE SAC 0.58
LOCAL SLOANE CT REVERE DR CUL DE SAC 0.08
LOCAL SMOKE TREE LA SMOKE TREE LA STONESHORE RD 0.58
LOCAL SMOKEY LAKE DR PINE LAKE DR GREEN MEADOWS DR 1.28
LOCAL SOUTHALL DR FIRST COLONIAL RD SOUTHALL QUARTER ALLEY # l 032
LOCAL SOUTHPORT CI EXPRESSWAY DR EXPRESSWAY DR 0.50
LOCAL ST GEORGE CT KING GRANT RD N CUL DE SAC 0.16
Total Lane Miles of LOCAL streets : 5.72
Total Lane Miles of Additions/Replaced deletions : 5.72
Street TvPe STREET FROM ' TO ,,?.,. ...?.?.,
URBAN MINOR ARTERIAL DRAKESMILE RD SHIPPS COR VER RD DAM NECK RD 1.28
URBAN MINOR ARTERIAL POTTERS RD LYNNHAVEN PW LONDON BRIDGE RD 3.96
URBAN MINOR ARTERIAL SALEM RD FERRELL PKWY PRINCESS ANNE RD 0.40
URBAN MINOR ARTERIAL SALEM RD INDEPENDENCE BV LYNNHAVEN PY 2.56
liRBAN MINOR ARTERIAL SALEM RD LYNNHAVEN PY FERRELL PY 3.84
URBAN MINOR ARTERIAL SALEM RD ROCK LAKE LOOP INDEPENDENCE BV 0.60
Total Lane Miles of URBAN MINOR ARTERIAL streets : 12_64
Total Lane Miles of Class Change : 12.64
Tuesday, January 14, 2014 Page 1 of 2
City of Virginia Beach
Exhibit B- Changes Public Works / Operations
Deletions/To be replaced
Street Type STREET FROM
LOCAL SHENVALLEE DR PROVIDENCE RD
LOCAL SHORE HAVEN CT SHOREHAVEN DR S
LOCAL SIGNATURE CI SIGNATURE DR
LOCAL SILVER CREST LN SPARROW RD EAST
LOCAL SILVER MAPLE CT SILVER MAPLE DR
LOCAL SILVER SPRINGS CT ROCK LAKE LOOP
LOCAL SILVERLAKE DR BELSPRING DR
LOCAL SIOUX DR NARRAGANSETTDR
LOCAL SIR WILFRED PL OXFORD DR WEST
LOCAL SLOAN CT REVERE DR
LOCAL SMOKETREE LA SMOKETREE LA
LOCAL SMOKEY LAKE DR PINE LAKE DR
LOCAL SOUTH PORT CI EXPRESSWAY DR
LOCAL SOUTHALL DR FIRST COLONIAL ROAD
LOCAL ST GEORGE CT KING GRANT RD
To LArt
CUL-DE-SAC
CUL-DE-SAC
SIGNATURE DR
CUL-DE-SAC
CUL-DE-SAC
CUL-DE-SAC
BELSPRING DR
BLACKFOOTCRE
PRINCE WILLIAM CT
CUL DE SAC
STONESHORE DR
CUL DE SAC
EXPRESSWAY DR
ALLEY WAY
CUL-DE-SAC
Total Lane Miles of LOCAL streets :
Total Lane Miles of Deletions/To be replaced :
-0.78
-0.18
-0.16
-0.10
-0.06
-0.08
-0.52
-0.14
-0.32
-0.08
-0.58
-1.28
-0.56
-0.26
-036
-5.46
-5.46
Tuesday, January 14, 2014
Page 2 of 2
.,
c,.
.,,? ? yGy
ro
CITY OF VIRGINIA BEACH
` AGENDA ITEM _
ITEM: An Ordinance to Appropriate $448,050 in Fund Balance from the School Site
Landscaping Internal Service Fund to the Department of Parks and Recreation
MEETING DATE: January 28, 2014
• Background: The City provides landscape services for 93 school sites through the
School Site Landscaping Internal Service Fund. This fund accumulates a year-end
fund balance primarily due to personnel vacancies. The Landscape Management
Administrator has requested, and School Administration supports, the use of
$448,050 from the fund balance of this internal service fund for specific projects
listed below. A more detailed description of the projects is provided in the attached
memorandum from the Landscape Services Administrator.
• Considerations: The following projects have been approved by the School
Administration and will address conditions at various school sites:
1. Playground Safety Improvements (surfacing removal and replacement) at 7 sites
($106,050)
2. Replacement of Birdneck Elementary Early Discoveries playground ($25,000)
3. Replacement of 3 basketball courts at Green Run Elementary with concrete
courts to correct playability issues ($57,000)
4. Replacement of 1,500 cubic yards of ball field clay ($30,000)
5. Replacement of 2 crew cab trucks with snow plows ($230,000)
' Public Information: Public information will be coordinated through the normal City
Council agenda process.
' Recommendation: Approve the attached ordinance
• Attachments: Ordinance; Memorandum from Landscape Management
Administrator detailing the proposed projects
Recommended Action: Approval
Submitting Department/Agency: Parks and Recreation Department/Landscape
Management v 'o
City Manager: ? ??,,?
1 AN ORDINANCE TO APPROPRIATE $448,050
2 IN FUND BALANCE FROM THE SCHOOL SITE
3 LANDSCAPING INTERNAL SERVICE FUND
4 TO THE DEPARTMENT OF PARKS AND
5 RECREATION
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8 That $448,050 is hereby appropriated from the fund balance of the School Site
9 Landscaping Internal Service Fund, with specific fund reserves increased accordingly,
10 to the Parks and Recreation Department's Landscape Management Division to execute
11 landscape projects at various school locations.
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 Serv' es Cit rn ff ice
CA12876
R-1
January 9, 2014
. 11.
INTER-OFFICE MEMORANDUM
DATE: November 4, 2013
VBgov eom
4147 DAM NECK ROAD
VlRGINIA BEACH, VA 23456-5786
TO: Dale Holt, Assistant Superintendent - Virginia Beach City I'ublic Schools
FROM: ' Franfc Fentress, Landscape Management Administrator
SUBJECT: Use of 613 Internal Service Fund Net Assets far FY 2013-14
As you know, the year-end fund balance for 11049 - Grounds Services accumulates in a 613 Internal
Service Fund accounfi at the end of each fiscal year. The fund balance is made up largely of salary and
fringe benefits surpluses at the end of each fiscal year due to empfoyee furnover and entry-level
vacancies in Grounds Services. We are requesting your appraval to use $448,050 frorrt the net assefs in
the 613 Internal Service Fund to pay for some specific projects and equipment replacements that we cannot afford to do otherwise in FY 13-14. The specific requests and amounts are listed below.
603201 - Generaf Maintenance and Repair
PEayground Safety Improvements
- 7 pfaygrounds @$15,150 each - Phase IV of a multi-year program for
safety surfacing renovation and ADA accessibility improvements for
pfaygrounds at various school sites
- Rep[acement of Birdneck Elementary Early piscoveries p(ayground
Replace 3 asphaft basketbafl courts at Green Run EEementary wifh concrete courts
to correcf playability issues and improve safety
606427 - Recreational Su lies
(1500) Cubic Yards of Ballfield Clay {cut from budget in FY 2012-13} $20 / Yd.'
607105 -- Re lacement of Motor Vehicles and E ui ment
(2) Trucks, 17,500 GVW, Crew Cab with Snow Plow $115,000
and Saft Spreader fo replace #141316, 141473
$106,060
$25,000
$57,000
$30,000
$230,000
Total F'Y 2013-14 Net Assefis Request $448,050
DEPARTMENT OF PARKS AND RECREATION
LANDSCAPE MANqGEMENT DIVISION
757385-4467
FAX (757) 427-1895
TDD {757} 427-3305
Memarandum to Dale Holt
Page Two
November 4, 2013
Belnw is a brief explanation af the projects:
A multi-year playground safe#y surface replacement program started in 2010. Accessibility, safety
surfacing and drainage sysfems af thirtyfive playgrQUnds at elemenfary sGhoQl si#es have been
renovated thus far, 3ncluding complete repfacement of the playgraund at Caoke Elementary.
Phase IV addresses seven mare slementary schaol playgraunds. tJew drainage systems, in
addition to removal and repfacement of playground base materia4s anci engineered wood fiber,
wii( help ensure that national safety standards are met while prolcanging the life expectancy of the
tay structure. ADA accessible wafkways are also being installed with #hese rertovations.
The existing Ear(y [}iscQVeries playground at Birdneck Elementary School was turned aver to
Schoois Landscaping for maintenance sevetal yeacs ago. This playground was coRStructed using
recycled plastic lumber and does nat match the quafity ar safety guidefines of rriany of tha ather
Early Discoveries playgrounds. The playground structure wilt be completely replaced with
updated, safer equipment. A new drainage system, renovated engineered wood fiber safety
surfacing and ApA accessible waikvday witl also be instatled fo bring the playground up to current
safety sfiandards.
The asphait basketball courts at Green Run Elemenfary are in terrible shape. They have been
repeatedfy patched, and it is a very uneven piaying surfece with wide. cracks. The caurts wil! be
repCaced with concrete caurts to improve playability and student safety.
• "Che infteld clay wilf allow Schoals Landsc,aping to make safety improvements at all schoa3s with
baseball andlar softball felds. Due ta budgetary limitations, aEl funding fo"r irrfield clay was
removQd from the SchoQls Landscaping budget in FY 2012-93. This material will be used to
grade infields on all fields fo help improve drainage anif ensure player safety.
a All vehicles listed for rep(acement have met requirements established by fhe:Cifyr's F1eet
Management Division far replacement and are essential to ou'r Schaals LandscapEng operation.
Funding wi1l reduce repair casts, minimize down#ime, and hefp to ensure efifective senrice
de{ivery. Belaw ace some defails abaut these fleet assets:
Assat II? Make/Model i'urcltase Cost Lifeiime Repairs Mz'e Tzu'Out Service
204{? GMC 3500 Hea? Taken ont of
141316 Du Crew Cab I)u NIA NtA NIA
ty mp service 4!4/12
141473 Cab 17umgF350 Crew $34,504 $29,319 112,650 3n Sexuzce
We are recommending that funding be utilized frorti ihe 613 Infernal Service Fund to accomplish these
priarities. In iieu ofi {nternal Service fupding, the alternatives are either delaying these projects and
replacements until they can be funded through the narma! 6udget process or that #hese projects and
replacements not be done at alE. We feel that these two atternatives, especially not daing these projects
and rep(acements, will Tesult in deficieneies in maintenance and safety at a number of school sites.
We laok fonnrard #o }+our favorable respanse. p(ease fee) free to confact me should you need more
informatian or clarifrcafion fa evaluate these requesfs. '
FLFfjfb
cc: Maile Fiitdenbt`and
S' miSi N'iC3uSeP
David Walker
Jonathan Hvbbs
?t^.:f•??.
r 2.l'
xr?3?
• ?.:
CITY OF VIRGlNIA BEACH
AGENDA ITEM
,`_-- -------------------?____
ITEM: An Ordinance to Appropriate a$200,000 Virginia Governor's Opportunity Fund
Award to the City of Virginia Beach Development Authority
MEETING DATE: January 28, 2014
¦ Background: IMS Gear Virginia, inc., a German-based manufacturer of gear
assemblies for automotive seats, recently completed a$35 million expansion of their
Virginia Beach manufacturing operations, which included the creation of more than 80
jobs and construction of a 112,000 square foot building in London Bridge Industrial
Park. Because Virginia Beach competed for this project with Gainesville, Georgia,
where IMS Gear USA is headquartered, a$200,000 incentive award from the Virginia
Governor's Opportunity Fund (GOF) was requested and approved to help secure the
project for Virginia Beach.
In accordance the GOF payment procedures, the full $200,000 GOF payment has been
received by the City Manager's office for appropriation to the Development Authority for
final disbursement to the Company.
¦ Consideratians: The attached ordinance provides the $200,000 GOF award
received by the City from the Commonwealth of Virginia to the Virginia Beach
Development Authority. The Development Authority will administer the grant as
required by the GOF process.
¦ Public Information: Advertisement of City Council Agenda
¦ Attachments: Ordinance, Award Letter from Virginia Economic Development
Partnership
Recommended Action: Approval
Submitting Dep me Agency: Economic Development
City Manager: 'bcrc-,
1
2
3
4
5
6
7
8
9
10
11
AN ORDINANCE TO APPROPRIATE A$200,000 VIRGINIA
GOVERNOR'S OPPORTUNITY FUND AWARD TO THE CITY
OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $200,000 received by the City from the Governor's Opportunity Fund (the
"GOF") is hereby appropriated, with estimated state revenues increased accordingly, to the
City of Virginia Beach Development Authority in furtherance of the purposes of the GOF
and the expansion of manufacturing by IMS Gear Virginia, Inc. within the City.
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:
?. .I , ,..
Budget and Management Services Cit ' fice
CA12874
R-1
January 13, 2014
ti "?
Virgi ?? ^VfRG(NIp ECpNDMIC OE1fELDPMENT PARTNERSHIP
?, P.D. Box 798 . 90i East Byrd Street jL5
VirgmiaArg Richmond, Virginia 23218-0798
BEST S7ATE fOR BOSINESS 804--545-5600 . www.YesUifginia.org
December 19, 2013
Mr. James K. Spore
City Manager
City of Virginia Beach
2401 Courthouse Drive
1vlunicipal Center, Buiiding Number 1, Room 234
Virginia Beach, Virgizlia 23456
Dear N1r. Spore;
Thank you for your efforts in bringing IMS Gear Virgiriia, Inc. ta the City of Virginia Beach.
The suppart of locai economic developers, in cooperation with the Virgixua Economic
Developinent Partnetship, is essential iri bringing quality businesses to the Corrinionwealth.
Please find enclosed the $200,000 check from the Governor's Opportunity Fund ta be used for
TMS. If we can be af further assistance, please do not hesitate to contact me.
Your econornic development teasn has done an outstanding job on this projecf: We look forward
to workvrig with you again ira. the near fut?.ite to bring busiriess to Virginia Beach and the
Coziamonwealth. Thank you again, and keep up ttie goad work.
Sincerely,
L?? ? ? - &U6
?
Martin J. Briiey
President and Chief Executive Officer
/kme
Enelosure
NOTICE OF PUBLIC HEARING
The regular meeting of the City Council of the City of Virginia Beach will be held in
the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach,
Virginia, on Tuesday, January 28, 2014, at 6:00 P.M., at which time the following
applications will be heard: ,
CIiY OF VIRGINIA BEACH
CBC / Zoning Maps - Ordinance to Amend the Official Zoning Map by Changing the
Zoning District Classification of Certain Property to "CBC Central Business Core
District."
CBC / Article 22 - Ordinance to Add a New Article 22, Consisting of Sections 2200
through 2212, to the City Zoning Ordinance.
CBC / Conforming Provisions - Ordinance to Add, Amend, and Reordain. Repeal or
Renumber Certain Sections of the City Zoning Ordinance so as to Conform to the
Provisions of Article 22 of the City Zoning Ordinance (Establishing the CBC Central
Business Core District and Setting Forth the Regulations Pertaining to Such
District).
.?
CBC / Pembroke SGA Plan - Ordinance to Amend the Pembroke Strategic Grow[h
Area 4 Implementation Plan and the Policy Document of the Comprehensive Plan
by Revising Maps of the Pembroke Strategic Growth Area and Amending the
Descriptions of the Central Business District / Core Area and the Central Business
District/ WaterfrontArea.
CBC / Site Plan Ecceptions - Ordinance to Amend and Reordain Sections 5.5, 5.613
antl 5.14 of the Site Plan Ordinance, Pertaining to Exceptions in Districts Intended
to Implement Strategic Growth Area Plans.
CBC / Transition Rules - Ordinance Establishing Transition Rules for the Review of
Site Plans, Subdivision Plats and Other Plans of Development for Property in the
C8C Central eusiness Core District
BEACH DISTRICT
Adventure Sports Park, LLC / Kampgrounds Of America, Inc. Application:
nnnrfifirarion of Conditional Use Permit (campground) approved December 1969.
Request is to add paintball and laser tag as outdoor recreational activities on a
portion of the campground at 1304 Prosperity Road and 1252 Prosperity Road
(GPINS 2415889903 [portion ofl & 2415882856 [Portion of]).
KEMPSVILLE DISTRICT
Mahesh Gopinath / Kelham Properties, LLC Application: Conditional Use Permit for
vocational (dental assisting) training school at 405 S. Parliament Drive (GPIN
1466499573).
PRINCESS ANNE DISTRICT
Home Associates of Virginia, Inc., Application: Contlitional Chanee of Zonine from
AG-1 Agncultural to Conditional R-15 Residentlal, Proposal for six (6) single-family
dwellings (1 unit/acre). Site is within the Comprehensive Plan Transition Area
(mawmum tlensity of 1 unit/acre) at 18641ndian River Road (GPIN 2413225595).
All interested citizens are invited to attend.
Ruth Hodges Fraser, MMC
City Clerk
Copies of the proposed ordinances, resolutions antl amendments are on file and
may be examined in the Department of Planning or online at
irtgz/s v r JZ..::v,rcirVL For information call 385-4621.
If you are physlcalry disabled or visualty Impalred antl need assistance at this
meeting, please call the CITY CLERK'S OFFICE E? 385-4303.
BeaconJanuary 12 & 19,2014 23893854
K. PLANNING
Application of ADVENTURE SPORTS PARK, LLC for Modification of a Conditional Use
Permit (approved December 1969) at 1304 and 1252 Prosperity Road
DISTRICT 6 - BEACH
RECOMMENDATION
APPROVAL
2. Application of MAHESH GOPINATH for a Conditional Use Permit re vocational (dental
assisting) training school at 405 South Parliament Drive
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
3. Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Conditional Change of
Zoning from AG-1 Agricultural to Conditional R-15 Residential at 1864 Indian River Road
(deferred December 10, 2013)
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
4. Applications of the City of Virginia Beach to:
APPROVAL
a. AMEND the Official Zoning Map re "CBC Central Business Core District"
b. ADD Article 22, Sections 2200 through 2212 ESTABLISHING the Central Business
Core District
ADD, AMEND, REORDAIN, REPEAL or RENUMBER certain Sections to
CONFORM to the provisions of Article 22 of the City Zoning Ordinance (CZO) re
conformance
d. AMEND the Pembroke Strategic Growth Area 4 Implementation Plan and the Policy
Document of the Comprehensive Plan
e. AMEND and REORDAIN Sections 5.5, 5.613 and 5.14 of the Site Plan Ordinance
applicable to property within the District
ESTABLISH Transition Rules for the review of Site Plans, Subdivision Plats and other
plans for development
g. AMEND Section 33-114.3 re encroachments by outdoor cafes, etc., within certain Zoning
Districts
RECOMMENDATION
APPROVAL
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CITY OF VIRGINIA BEACH
AGENDA ITEM ?
ITEM: ADVENTURE SPORTS PARK, LLC (Applicant) / KAMPGROUNDS OF
AMERICA, INC. (Owner), Modification of Conditional Use Permit (campground)
approved December 1969. 1304 Prosperity Road & 1252 Prosperity Road (GPINs
2415889903 [portion ofJ & 2415882856 [portion of]). BEACH DISTRICT.
MEETING DATE: January 28, 2014
¦ Background:
This applicant is requesting a Modification of a Conditional Use Permit approved
in 1969 for 307 campsites. The requested modification consists of the use of a
portion of the site for an outdoor `paintball park'. The site has been previously
used for paintball by obtaining a temporary Special Events Permit.
¦ Considerations:
The proposed hours of operation are 9:00 a.m. to dusk. The use will occur
throughout the year, with activities limited to Saturdays, Sundays, and holidays
from October 1 through April 30. The Paintball Park will have finro types of fields.
The first is a Woodland Field for games played in a wooded environment. The
second is a Speedball Field for fast-paced games using inflatable obstacles.
There will also be a laser tag area similar to speedball; however; this does not
use paint and is intended for younger players. The `laser' used is not the type
that can be used to `blind' a jet pilot.
No site clearing or construction is proposed. A single 20-foot high net will
separate the play area from the customer area and will remain up at all times.
There will be a 12-foot net surrounding the speedball area. The narrative
submitted as part of the application states that parking will be located at the
existing KOA Campground parking areas and the participants will use the KOA
Campground restroom facilities. The business will employ 8 to 10 people on a
part-time basis, with 3 to 5 being present when the fields are open for play.
This request is consistent with the recommended land use policies for Suburban
Focus Area (SFA) 4.1 of the Comprehensive Plan, as outdoor recreation is one
of several long-term preferred land use recommendations for the adjacent
campground site. Additionally, a majority of the site is located in the Greater than
75 dB AICUZ noise zone, and outdoor recreation is a compatible use. The
submitted site plan exhibits sensitivity to adjacent neighborhoods and property
owners. The site is bordered on the north and east by Redwing Lake Golf
Course. The nearest residential neighborhood is approximately 400 feet south of
the designated paintball and laser tag area. There is a wooded buffer between
Adventure Sports Park, LLC
Page 2 of 2
the residential use and the paintball course. This buffer is more than adequate for
visual and sound attenuation; however, to ensure the greatest degree of
compatibility, staff has recommended Condition 1 below regarding hours of
operation.
Following discussions with the City Building Official, staff has concerns with the
proposed arrangement regarding restroom facilities. ADA complaint restroom
facilities must be provided on-site and within 500 feet of the recreation area.
There are currently two portable bathroom units on site. The KOA full-service
bathrooms are across Prosperity Road from the paintball course. As such,
Condition 3 is recommended to address this issue.
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. The hours of operation of the paintball/laser tag areas shall be limited to
9:00 a.m. to dusk.
2. The paintball and laser tag areas (parking, play, and otherwise) shall be
located in the area depicted on the submitted plan entitled, "Subdivision of
Property Belonging to W.W. McClanan, Jr.", dated 1/21/1970, which has
been displayed to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning. Any expansion beyond those
limits depicted on the Plan shall require additional review and approval of
a modification of these conditions by the City Council.
3. The applicant shall provide portable bathroom facilities on-site when the
recreation area is in use. For large events and events advertised to the
public, at least one ADA-compliant portable bathroom unit shall be
provided.
¦ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting De a ency: Planning Department
City Manager: i. C. K
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December 11, 2013 Public
Hearing
APPLICANT:
ADVENTURE
SPORTS PARK,
L.L.C.
PROPERTY OWNER:
KAMPGROUNDS
OF AMERICA,
INC.
STAFF PLANNER: Kevin Kemp
REQUEST:
Modification of a Conditional Use Permit for 307 Campsites (approved by the City Council on December
8, 1969)
ADDRESS / DESCRIPTION: 1252 & 1304 Prosperity Road
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24158899030000 BEACH 59.336 acres Greater than 75 dB
DNL
BACKGROUND / DETAILS OF PROPOSAL
This applicant is requesting a Modification of a Conditional Use Permit approved in 1969 for 307
campsites. The requested modification consists of the use of a portion of the site for an outdoor `paintball
park'. The site has been previously used for paintball by obtaining a temporary Special Events Permit.
The proposed hours of operation are 9:00 a.m. to dusk. The use will occur throughout the year, with
activities limited to Saturdays, Sundays, and holidays from October 1 through April 30. The Paintball Park
will have two types of fields. The first is a Woodland Field for games played in a wooded environment.
The second is a Speedball Field for fast-paced games using inflatable obstacles. There will also be a
laser tag area similar to speedball, however; this does not use paint and is intended for younger players.
No site clearing or construction is proposed. A single 20-foot high net will separate the play area from the
customer area and will remain up at all times. There will be a 12-foot net surrounding the speedball area.
The narrative submitted as part of the application states that parking will be located at the existing KOA
Campground parking areas and the participants will use the KOA Campground restroom facilities. The
ADVENTURE SPORTS PARK, L.L.C.
Agenda Item 2
Page 1
business will employ 8 to 10 people on a part-time basis, with 3 to 5 being present when the fields are
open for play.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: The site is currently being used as an outdoor recreational facility in association
with the campgrounds. The areas on the site designated for paintball are currently set up for paintball
games, being previously used through a Special Events Permit.
SURROUNDING LAND North: . Redwing Lake Golf Course / P-1 Preservation District
USE AND ZONING: . Knights of Columbus Lodge / AG-2 Agricultural District
South: . Single-family homes / R-10 Residential District
East: . Redwing Lake Golf Course / P-1 Preservation District
West: . Prosperity Road
• KOA Campground / AG-2 Agricultural District
NATURAL RESOURCE AND The eastern portion of the site is predominately grass fields. The
CULTURAL FEATURES: western portion of the site is undeveloped wooded area. The site is
in the Southern Watershed.
COMPREHENSIVE PLAN: The subject property is designated in the Comprehensive Plan as being part
of the Suburban Area, and more specifically, Suburban Focus Area (SFA) 4.1 - General Booth
Campgrounds. Along with the Holiday Trav-L Park, KOA Campground offers outdoor recreational
activities for citizens and visitors to Virginia Beach and complements our City's recreational programs and
the resort hospitality industry. The Comprehensive Plan recommendations for the SFA 4.1 state that
outdoor recreational activities for both citizens and visitors are appropriate land uses for these sites. All
uses must be AICUZ compatible.
IMPACT ON CITY SERVICES
WATER: City water is not available. Health Department approval is required for private wells.
SEWER: City sanitary sewer is not available. Health Department approval is required for septic systems.
Private grinder pumps and force main may be an option.
ADVENTURE SPORTS PARK, L.L.C.
Agenda Item 2
Page 2
EVALUATION AND RECOMMENDATION
This applicant proposes an outdoor recreational business on the KOA campground property as an
amenity for campers and use by the public. This request is consistent with the recommended land use
policies for Suburban Focus Area (SFA) 4.1 of the Comprehensive Plan, as outdoor recreation is one of
several long-term preferred land use recommendations for the adjacent campground site. Additionally, a
majority of the site is located in the Greater than 75 dB AICUZ noise zone, and outdoor recreation is a
compatible use. The submitted site plan exhibits sensitivity to adjacent neighborhoods and property
owners. The site is bordered on the north and east by Redwing Lake Golf Course. The nearest residential
neighborhood is approximately 400 feet south of the designated paintball and laser tag area. There is a
wooded buffer between the residential use and the paintball course. This buffer is more than adequate for
visual and sound attenuation; however, to ensure the greatest degree of compatibility, staff has
recommended Condition 1 below regarding hours of operation.
Following discussions with the City Building Official, staff has concerns with the proposed arrangement
regarding restroom facilities. ADA complaint restroom facilities must be provided on-site and within 500
feet of the recreation area. There are currently two portable bathroom units on site. The KOA full-service
bathrooms are across Prosperity Road from the paintball course. As such, Condition 3 is recommended
to address this issue.
Staff recommends approval with the conditions listed below.
CONDITIONS
1. The hours of operation of the paintball/laser tag areas shall be limited to 9:00 a.m. to dusk.
The paintball and laser tag areas (parking, play, and otherwise) shall be located in the area
depicted on the submitted plan entitled, "Subdivision of Property Belonging to W.W. McClanan,
Jr.", dated 1/21/1970, which has been displayed to the Virginia Beach City Council and is on file
with the Virginia Beach Department of Planning. Any expansion beyond those limits depicted on
the Plan shall require additional review and approval of a modification of these conditions by the
City Council.
3. The applicant shall provide portable bathroom facilities on-site when the recreation area is in use.
For large events and events advertised to the public, at least one ADA-compliant portable
bathroom unit shall be provided.
ADVENTURE SPORTS PARK, L.L.C.
Agenda Item 2
Page 3
NOTE: Further condifions may be required during the administrafion of applicable City
Ordinances and Sfandards. Any site plan submitted with this application may require revision
during detailed sife 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 Departmenf of Planning / Permits and Inspections Division, and
the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use
Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the
Police Department for crime prevention techniques and Crime Prevention Through Environmental
Design (CPTED) concepts and strategies as fhey pertain to this site.
ADVENTURE SPORTS PAR!(, L.L.C.
Agenda Item 2
Page 4
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ADVENTURE SPORTS PARK, L.L.C.
Agenda Item 2
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'S PARK, L.L.C.
Agenda Item 2
Page 6
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ZONING HISTORY
# DATE REQUEST ACTION
1 03/13/2013 Conditional Use Permit Outdoor Recreation Facilit ) A roved
2 06/12/1989 Change of Zonin AG-1/AG-2 to R-10 A roved
3 06/09/1980 Chan e of Zonin I-2 to P-1 A roved
4 04/18/1977 Conditional Use Permit Miniature Golf Course A roved
03/15/1976 Conditional Use Permit Miniature Golf Course A roved
5 12/20/1976 Conditional Use Permit Lod e A roved
06/17/0974 Conditional Use Permit Lod e A proved
04/25/1974 Chan e of Zoning (A -1 to 0-1 Withdrawn
6 10/26/1971 Conditional Use Permit (Camp round A roved
7 05/12/1969 Conditional Use Permit Camp round) Ap roved
05/12/1969 Conditional Use Permit Racquet Club A proved
8 11/13/1968 Conditional Use Permit Land Use A roved
ADVENTURE SPORTS PARK, L.L.C.
Agenda Item 2
Page 7
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorpora#ed
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach lisf if necessary)
Adventure Sports Park, LLC: Brad Kirkpatrick, Presideni; 5ondra Alger, Member; Colleen Kirkpatrick, Member
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Atfach list if necessary)
? Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the foliowing:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Atfach lisf if necessary)
Kampgrounds of America, Inc.: Pairick C. Hfttmaier, Presidenk John J. Burke, Treasurer; James D. Rogers, Dlrector; Oscar L. Tang, Director
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Atfach 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
ADVENTURE SPORTS PARK, L.L.C.
Agenda Item 2
Page 8
ADDITIONAL DISCLOSURES
List ali known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Sykes, Bourdon, Ahern & Levy, P.C.
Troutman Sanders, LLP
'"Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent o# the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
Z"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 entit+es; 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 Govemment Conflict of Interests Act, Va. Code §
2.2-3101.
CERTlFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Deparfinent of
Planning to photograph andview the site for purposes of processing and evaluating this application.
Adven;ture Sp;Xrt7'Par LLC
Brad Kirkpatrick, President
?
Applicant's Signature Print Name
Kampgrounds of America, Inc.
By. Terry Shade,.Vice Presi
Property Owners Signature (if different than applicant) Print Name
Modification of Conditions Application
DISCLOSURE STATEMENT
ADVENTURE SPORTS PARK, L.L.C.
Agenda Item 2
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 list if necessary)
Sykes, Bourdon, Ahern & Levy, P.C.
Troutman Sanders, LLP
'"Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirec#ly 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 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 reiationship 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 othenrvise a close working relationship
be#ween the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
Brad Kirkpatrick, President
Applic s nature Print Name
KA PG U , INC. R. J. Nutter, II
Pro e ner s igna r f different than applicant) Print Name
DISCLOSURE STATEMENT
ADVENTURE SPORTS PARK, L.L.C.
Agenda Item 2
Page 10
Item #2
Adventure Sports Park
Modification of Conditional Use Permit
1304 & 1252 Prosperity Road
District 6
Beach
December 11, 2013
CONSENT
An application of Adventure Sports Park for a Modification of a Conditional Use Permit for 307
Campsites (approved by the City Council on December 8, 1969) on property located at
1252 & 1304 Prosperity Road, District 6, Beach. GPIN: 24158899030000.
CONDITIONS
1. The hours of operation shall be limited to 9:00 a.m. to dusk.
2. The paintball and laser tag areas (parking, play, and otherwise) shall be located in the area
depicted on the submitted plan entitled, „Subdivision of Property Belonging to W.W.
McClanan, Jr.", dated 1/21/1970, which has been displayed to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning. Any expansion
beyond those limits depicted on the Plan shall require additional review and approval of a
modification of these conditions by the City Council.
3. The applicant shall provide portable bathroom facilities on-site when the recreation area is
in use. For large events and events advertised to the public, at least one ADA-compliant
portable bathroom unit shall be provided.
AYE 9 NAY 0 ABS 0 ABSENT 2
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RI PLEY AYE
RUCINSKI AYE
RU550 ABSENT
THORNTON ABSENT
By a vote of 9-0, the Commission approved item 2 by consent.
Item #2
Adventure Sports Park
Page 2
Eddie Bourdon appeared before the Commission on behalf of the applicant.
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CITY OF VIRGINIA BEACH
AGENDA ITEM J
ITEM: MAHESH GOPINATH (Applicant) / KELHAM PROPERTIES, LLC (Owner),
Conditional Use Permit for vocational (dental assisting) training school. 405 S.
Parliament Drive (GPIN 1466499573). KEMPSVILLE DISTRICT.
MEETING DATE: January 28, 2014
¦ Background:
The applicant requests a Conditional Use Permit for a vocational school,
specifically a dental assistant school. A dental office is proposed, operating as a
matter of right under the current B-2 Community Business District zoning, in a
portion of the first floor, and a dental assisting school is proposed to occupy the
second floor above. A Conditional Use Permit is required for the vocational
school (dental assistant school).
¦ Considerations:
The existing two-story office building was constructed in 1968 and is in need of
updating. The applicant has begun improvements to the interior and exterior of
the building. A 443-square foot classroom, dental and x-ray labs, a kitchen/break
room, an office, and common space are proposed as part of the school.
Renovations that are currently underway for much of the building include the
remodel of the fagade utilizing aluminum storefront windows with insulated glass,
a brick base to the water-table level, and earth-tone exterior insulation finishing
system (EIFS).
The existing, 30-space parking lot will continue to serve the office uses as well as
provide parking for the 16 students attending classes, typically on Fridays and
Saturdays, between the hours of 9:00 a.m. to 1:00 p.m. There is ample parking
for the school, the dental office, and other users in the building. As the site was
initially developed in the late 1960s, the landscaping does not meet current
ordinance requirements and standards. Based on current standards, conditions
of approval are recommended below that require the enhancement of the
streetscape landscaping (trees and shrubs) along Sir Barton and South
Parliament Drives to screen the parking lot and a planted buffer (large evergreen
shrubs) adjacent to the existing homes to the west.
There was no opposition to the request.
Mahesh Gopinath
Page 2 of 2
¦ 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:
In accordance with the requirements of the City of Virginia Beach
Landscaping Guide, streetscape landscaping shall be installed along South
Parliament Drive and Sir Barton Drive to screen the parking lots from the
public rights-of-way. Said plant materials shall be depicted on a plan and be
submitted to the Department of Planning / Current Planning staff for review.
2. In accordance with the requirements of the City of Virginia Beach
Landscaping Guide, Category I Landscaping shall be installed along the
western property line for the length of the building to screen the subject site
from the existing residential dwelling to the west. Said plant materials shall
be depicted on a plan and be submitted to the Department of Planning /
Current Planning staff for review.
3. The exterior of the building for the dental office and vocational school shall
be renovated in substantial conformance with the building elevation
rendering entitled, "Proposed Elevation," which has been exhibited 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 De e ency: Planning Departmen
City Manager -DC t-\,
;EMPSVIILE
Mahesh Go inath
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REQUEST:
Conditionai Use Permit (vocational school - dental assistant)
ADDRESS / DESCRIPTION: 405 South Parliament Drive
5
December 11, 2013 Public
Hearing
APPLICANT:
MAHESH
GOPINATH
PROPERTY OWNER:
KEHLAM
PROPERTIES,
LLC
STAFF PLANNER: Carolyn A.K. Smith
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14664995730000 KEMPSVILLE 17,500 square feet Less than 65 d6 DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests a Conditional Use Permit for a vocational school, specifically a dental assistant
school. The existing "L"-shaped building, built in 1968, is occupied by office uses. While the footprint of
the building is not proposed to change, the applicant proposes interior improvements, including
conversion of a portion of the ground floor into a dental office and conversion of the second floor area
directly above into a dental assisting school. A 443-square foot classroom, dental and x-ray labs, a
kitchen/break room, an office, and common space are proposed as part of the school. Exterior
renovations to the office building are currently underway, and include a remodel of the entire farade
utilizing aluminum storefront windows with insulated glass, a brick base up to the water-table level, and
earth-tone exterior insulation finishing system (EIFS).
The existing, 30-space parking lot will continue to serve the office uses as well as provide parking for the
16 students attending classes, typically on Fridays and Saturdays, between the hours of 9:00 a.m. to 1:00
p.m.
MAHESH GOPINATH
Agenda Item 5
Page 1
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: two-story office building, parking lot
SURROUNDING LAND North: . Fuel sales / B-2 Community Business District
USE AND ZONING: South: . Sir Barton Drive
• Single-family dwelling / R-7.5 Residential District
East: • South Parliament Drive
. Mixed retail / B-2 Community Business District
West: . Single-family dwellings / R-7.5 Residential District
NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. As the site is
CULTURAL FEATURES: almost entirety impervious, there do not appear to be any natural
or cultural resources on site.
COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as the Suburban
Area. The general planning principles for the Suburban Area focus on preserving and protecting the
overall character, economic value, and aesthetic quality of stable neighborhoods, including non-
residential areas. These policies call for new uses to maintain or enhance the quality of the area with
attractive sites and buildings, and that projects be compatible with residential uses in respect to the type,
size, and intensity of the proposed use.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South
Parliament Drive and Sir Barton Drive in the vicinity of this application are considered two-lane undivided
local streets. They are not included in the MTP. There are no current Roadway CIP projects for the area
surrounding the parcel.
TRAFFIC:
Street Name
Present Volume
Present Capacity
Generated Traffic
South Parliament No traffic counts are There is no capacity Existing Land Use -
Drive and Sir available for these data available for 38 ADT
Barton Drive roadways `local street' type Proposed Land Use 3
- 92 ADT
Average Daily Trips
Zas defined by office use
3as defined b office use, dental office and vocational school
WATER & SEWER: This site is already connected to City water and sewer. There is an existing 5/8-inch
meter that can be used or upgraded to accommodate the proposed renovations. Note that Pump Station
405 has existing capacity issues and may require system modification.
MAHESH GOPINATH
Agenda Item 5
Page 2
There is an existing six-inch City water main along South Parliament Drive and an existing six-inch water
main in Sir Barton Drive. There two existing eight-inch City sanitary sewer gravity mains adjacent to the
site: one along South Parliament Drive and one along Sir Barton Drive.
EVALUATION AND RECOMMENDATION
The existing two-story office building was constructed in 1968 and is in need of updating. The applicant
has begun improvements to the interior and exterior of the building. A dental office is proposed, operating
as a matter of right under the current B-2 Community Business District zoning, in a portion of the first
floor, and a dental assisting school is proposed to occupy the second floor above. A Conditional Use
Permit is required for the vocational school (dental assistant school). A 443-square foot classroom, dental
and x-ray labs, a kitchen/break room, an office, and common space are proposed as part of the school.
Renovations that are currently underway for much of the building include the remodel of the faCade
utilizing aluminum storefront windows with insulated glass, a brick base to the water-table level, and
earth-tone exterior insulation finishing system (EIFS).
This proposed small schoot will have a maximum of 16 students and will utilize the existing, 30-space
parking lot. There is ample parking for the school, the dental office, and other users in the building. As the
site was initially developed in the late 1960s, the landscaping does not meet current ordinance
requirements and standards. Based on current standards, conditions of approval are recommended
below that require the enhancement of the streetscape landscaping (trees and shrubs) along Sir Barton
and South Parliament Drives to screen the parking lot and a planted buffer (large evergreen shrubs)
adjacent to the existing homes to the west.
The proposal is consistent with the Comprehensive Plan's Suburban Area policies that recommend that
new uses maintain or enhance the quality of the area with attractive site layouts and building designs, and
that projects be compatible with residential uses with respect to the type, size, and intensity of the
proposed use. This small vocational school blends well with the surrounding uses, including the
neighboring residential homes, and is compatible with the scale and massing of the buildings in the
vicinity of the site.
Staff recommends approval subject to the following conditions.
CONDITIONS
1. In accordance with the requirements of the City of Virginia Beach Landscaping Guide,
streetscape landscaping shall be installed along South Parliament Drive and Sir Barton Drive to
screen the parking lots from the public rights-of-way. Said plant materials shall be depicted on a
plan and be submitted to the Department of Planning / Current Planning staff for review.
In accordance with the requirements of the City of Virginia Beach Landscaping Guide, Category
I Landscaping shall be installed along the western property line for the length of the building to
screen the subject site from the existing residential dwelling to the west. Said plant materials
MAHESH GOPINATH
Agenda Item 5
Page 3
shall be depicted on a plan and be submitted to the Department of Planning / Current Planning
staff for review.
3. The exterior of the building for the dental office and vocational school shall be renovated in
substantial conformance with the building elevation rendering entitled, "Proposed Elevation,"
which has been exhibited to the Virginia Beach City Council and is on file in the Planning
Department.
NOTE: Further condifions may be required during the administrafion 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 P/anning /
Development Services Center and Department of Planning / Permits and Inspections Division,
and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use
Permit are valid.
The applicant is encouraged to contacf and work with the Crime Prevenfion 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.
MAHESH GOPINATH
Agenda Item 5
Page 4
AERIAL OF SITE LOCATION
MAHESH GOPINATH I
Agenda Item 5 Page 5 i
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Agenda Item 5
Page 6
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MAHESH GOPINATH
Agenda Item 5
Page 7
KEMPSVILLE
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ZONING HISTORY
# DATE REQUEST ACTION
1 02/02/11 Conditional Use Permit church Granted
2 11/23/04
12/11/01
02/13/01
05/25/93 Conditional Use Permit (church)
Conditional Use Permit (church)
Conditional Use Permit (church)
Conditional Use Permit (church Granted
Granted
Granted
Granted
3 05/27/97 Rezoning (R-7.5 & B-2 to Conditional B-1 Granted
4 05/12/92 Conditional Use Permit auto repair) Granted
r-.?.tiARFA??
MAHESH GOPINATH
Agenda Item 5
Page 8
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Applicant: Mahesh Gopinath, Kleham Properties: Managing Member: Mahesh
Gopinath, Member: Lekshmi Mahesh
2. List all businesses that have a parent-subsidiary' or affiliated business entityz
relationship with the applicant: (Atfach list if necessary)
? Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applrcant.
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 #hat 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 _I
If yes, what is the name of the official or employee and the nature of their interest?
DISCLOSURE STATEMENT
MAHESH GOPINATH
Agenda Item 5
Page 9
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ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
G8Ile1'al COntfaCtOr: Mid-Atlantic Building Seroices, 100 Aragona Blvd., Suite 102, Virginia Beach,
VA 23462
ArChlteCt: Ivy Architectural Innovations, PC, 207 Business Park Drive, Suite 200, Virginia Beach,
Virginia, 23462
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°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 reqular basis; or there is otherwise a close workinq relationship
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to phpfograph and view the site for purposes of processing and evaluating this application.
ApplicanYs
i'7f? le-,s 1l
Print Name
Property Owner's Signature (if different than applicant) Print Name
DISCLOSURE STATEMENT
MAHESH GOPINATH
Agenda Item 5
Page 10
Item #5
Mahesh Gopinath
Conditional Use Permit
405 S. Parliament Drive
District 2
Kempsville
December 11, 2013
CONSENT
An application of Mahesh Gopinath for a Conditional Use Permit (vocational school - dental
assistant) on property located at 405 South Parliament Drive, District 2, Kempsville. GPIN:
14664995730000.
CONDITIONS
1. In accordance with the requirements of the City of Virginia Beach Landscaping Guide,
streetscape landscaping shall be installed along South Parliament Drive and Sir Barton Drive
to screen the parking lots from the public rights-of-way. Said plant materials shall be
depicted on a plan and be submitted to the Department of Planning / Current Planning staff
for review.
2. In accordance with the requirements of the City of Virginia Beach Landscaping Guide,
Category I Landscaping shall be installed along the western property line for the length of
the building to screen the subject site from the existing residential dwelling to the west.
Said plant materials shall be depicted on a plan and be submitted to the Department of
Planning / Current Planning staff for review.
3. The exterior of the building for the dental office and vocational school shall be renovated in
substantial conformance with the building elevation rendering entitled, "Proposed
Elevation," which has been exhibited to the Virginia Beach City Council and is on file in the
Planning Department.
AYE 9 NAY 0 ABS 0 ABSENT 2
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LI VAS AYE
REDMOND AYE
RI PLEY AYE
RUCINSKI AYE
Item #5
Mahesh Gopinath
Page 2
RUSSO
THORNTON
By a vote of 9-0, the Commission approved item 5 by consent.
ABSENT
ABSENT
The applicant Mahesh Gopinath appeared before the Commission.
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CITY OF VIRGINIA BEACH
AGENDA ITEM .
ITEM: HOME ASSOCIATES OF VIRGINIA, INC. (Applicant & Owner), Conditional
Chanqe of Zoninq, AG-1 Agricultural to Conditional R-15 Residential. 1864 Indian
River Road (GPIN 2413225595). PRINCESS ANNE DISTRICT.
MEETING DATE: January 28, 2014
¦ Background:
This application was deferred by the City Council on December 10, 2013. The
applicant requested that the item be returned to the City Council for
consideration. A new public notice sign was posted on the property with the new
public hearing date, adjacent property owners have been notified, and the item
has been advertised as required in the Virginian-Pilot.
The applicant proposes to rezone a 6.05-acre parcel, currently zoned AG-1 and
AG-2 Agricultural Districts, to Conditional R-15 Residential District in order to
create six lots, a minimum of 15,000 square feet in size, for single-family
dwellings.
¦ Considerations:
The proffered site layout depicts a 50-foot wide, public right-of-way (cul-de-sac)
intersecting Indian River Road. At the top of the cul-de-sac, a 50-foot wide
reservation will be established for future right-of-way. This reservation will be
recorded on the final plat and will provide future connectivity to the currently
undeveloped site to the east. The entrance into the development is designed with
stormwater management ponds on either side of the road, functioning as both
visual and stormwater management amenities.
Consistent with the recommendations for the Comprehensive Plan and the
Transition Area Guidelines, the site layout depicts 52 percent of the property as
open space. This open space includes a 150-foot wide Transition Area buffer
along Indian River Road, to be dedicated to the City, and over two acres of open
space on the northern portion of the property, to be owned and maintained by the
Property Owners' Association. Total proposed open space for the site is
proposed as 3.14 acres. A multi-use trail, accessible to the public, is proposed
within the Transition Area buffer and is designed for future connections in the
event the adjacent properties develop. The area within the Transition Area buffer
will be the more formal of the open spaces, while the open space to the north will
be left in its natural state with only selective clearing of understory trees and
Home Associates of Virginia, Inc.
Page 2 of 4
brush. A 10-foot wide planted area is shown along the western property line to
provide a buffer between the proposed lots and the existing United States Coast
Guard communication towers to the west. A Landscape Plan for the entire
property is proffered to be completed and submitted during final site plan review
and will reflect these requirements.
The proffered building elevations are suggestive of the semi-rural character of
the Transition Area. The primary building material is proffered as cement fiber-
board (e.g. HardiePlank), consistent with the Comprehensive Plan's
recommendation of the use of high quality materials. The proffers require that all
front yards be sodded and that dwellings have minimum floor area: one-story
dwellings must contain no less than 1,800 square feet of enclosed living area,
excluding garage area and two-story dwellings must contain no less than 2,100
square feet of enclosed living area, excluding garage area. The applicant has
also proffered that $500.00 per lot will be paid to the City for acquisition of
property for open space preservation, pursuant to the City's Outdoors Plan.
It is Staff's finding that the proposal blends well with the existing area; is
respectful of the rural character along this portion of Indian River Road; is
designed with future connectivity to adjacent properties for vehicles and
pedestrians; facilitates future preservation of the northern wooded areas;
positions stormwater management facilities as visual, open space amenities; is
consistent with both the AICUZ Overlay Ordinance and the Comprehensive
Plan's density recommendations; and, places no detrimental burden on the
capacity of roadways and other infrastructure in the Transition Area.
There was no opposition to the request.
¦ Recommendations:
The Planning Commission, passing a motion by a recorded vote of 11-0,
recommends approval of this request to the City Council with the following
proffers:
PROFFER 1:
When development takes place upon that portion of the Property which is to be
developed, it shall be as a single family residential community of no more than six (6)
building lots substantially in conformance with the Exhibit entitled "Conceptual Site &
Landscape Plan Of Pungo Village Indian River Road, Virginia Beach, VA", dated
07/15/13, prepared by MSA, P.C., which has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach Department of Planning ("Land Use
Plan").
PROFFER 2:
When the Property is developed, the "150' TRANSITION AREA BUFFER" as
designated on the Land Use Plan shall be improved as depicted and described on
Home Associates of Virginia, Inc.
Page 3 of 4
the Land Use Plan by the Grantor and dedicated to the Grantee for public use as a
multipurpose trail and Open Space consistent with the Grantee's Comprehensive
Land Use Plan.
PROFFER 3:
When the Property is developed, approximately 3.499 acres will be set aside as open
space and ponds as depicted on the Land Use Plan. The Open Space depicted to
the north of the homes will be natural areas with existing healthy trees to be retained
and selective clearing of under-story permitted. The Open Space between the
homes and Princess Anne Road including the 1 50' TRANSITION AREA BUFFER"
shall be grassed. The 1 50' TRANSITION AREA BUFFER" as depicted on the Land
Use Plan shall be dedicated to the Grantee and all of the remaining Open Spaces
shall be dedicated to and maintained by the Property Owners' Association.
PROFFER 4:
When the Property is subdivided, the residential building lots shall have a minimum of
15,000 square feet and they shall be subject to a recorded Declaration of Protective
Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a
Property Owners' Association, to which membership is mandatory. The Property
Owners' Association shall be responsible for maintaining all Open Space Areas,
Common Areas and easements. The Deed Restrictions shall prohibit the operation
of motorcycles or all-terrain vehicles ("ATVs") within the Open Space Areas.
PROFFER 5:
All residential dwellings constructed on the Property shall have cement fiber board
exterior surFaces, excluding roof, trim, windows, and doors. The architectural
features and exterior appearance of the dwellings shall be substantially in keeping
with the appearance of the homes depicted and designated on the five (5) Exhibits
designated "CONCEPTUAL ELEVATIONS FOR PUNGO VILLAGE HOMES" dated
July 15, 2013, which have been exhibited to the Virginia Beach City Council and are
on file with the Virginia Beach Department of Planning ("Elevations"). Any one-story
dwelling shall contain no less than 1,800 square feet of enclosed living area
excluding garage area and any two-story dwelling shall contain no less than 2,100
square feet of enclosed living area excluding garage area. The front yards of all
homes shall be sodded. The Deed Restrictions shall require each dwelling to have,
at a minimum, a 350 square foot garage.
PROFFER 6:
A detailed landscaping plan for all open space areas shall be submitted to the
Director of the Department of Planning, or his designee, for review and approval prior
to subdivision approval.
Home Associates of Virginia, Inc.
Page 4 of 4
PROFFER 7:
The Grantor recognizes that the subject site is located within the Transition Area
identified in the Comprehensive Plan of the City of Virginia Beach, adopted on
December 2, 2003. In addition to integrating significant open spaces with a low
density, high quality, housing component as specified in the Comprehensive Plan,
the Grantor agrees to contribute the sum of Five Hundred Dollars ($500.00) per lot to
Grantee to be utilized by the Grantee to acquire land for open space preservation
pursuant to Grantee's Outdoors Plan. If the funds proffered by the Grantor in this
paragraph are not used by the Grantee anytime within the next twenty (20) years for
the purpose for which they are proffered, then any funds paid and unused may be
used by the Grantee for any other public purpose.
PROFFER 8:
Further conditions may be required by the Grantee during detailed Site Plan and/or
Subdivision review and administration of applicable City codes by all cognizant City
agencies and departments to meet all applicable City code requirements. Any
references hereinabove to the R-15 Zoning District and to the requirements and
regulations applicable thereto refer to the Zoning Ordinance and Subdivision
Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of
this Agreement by City Council, which are by this reference incorporated herein.
¦ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting De ncy: Planning Departmen
City Manager: '??CJ,11
PRINCESS ANNE
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November 13, 2013 Public Hearing
APPLICANT & PROPERTY
OWNER:
HOME
ASSOCIATES OF
VIRGINIA, INC.
STAFF PLANNER: Carolyn A.K. Smith
REQUEST: Conditional Chanqe of Zonina (AG-1 & AG-2 Agricultural Districts to Conditional R-15
Residential District)
ADDRESS / DESCRIPTION: 1864 Indian River Road
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24132255950000 PRINCESS ANNE 6.05 acres Less than 65 dB DNL 65 -
70 d6 DNL, Sub Area 2
BACKGROUND / DETAILS OF PROPOSAL
The applicant proposes to rezone a 6.05-acre parcel zoned AG-1 and AG-2 Agricultural Districts to
Conditional R-15 Residential District in order to create six lots, a minimum of 15,000 square feet in size,
for single-family dwellings. The proffered site layout depicts a 50-foot wide, public right-of-way (cul-de-
sac) intersecting Indian River Road. At the top of the cul-de-sac, a 50-foot wide reservation will be
established for future right-of-way. This reservation will be recorded on the final plat and will provide
future connectivity to the currently undeveloped site to the east. The entrance into the development is
designed with stormwater management ponds on either side of the road, functioning as both visual and
stormwater management amenities.
Consistent with the recommendations for the Comprehensive Plan and the Transition Area Guidelines,
the site layout depicts 52 percent of the property as open space. This open space includes a 150-foot
wide Transition Area buffer along Indian River Road, to be dedicated to the City, and over two acres of
open space on the northern portion of the property, to be owned and maintained by the Property Owners'
Association. Total proposed open space for the site is proposed as 3.14 acres. A multi-use trail,
accessible to the public, is proposed within the Transition Area buffer and is designed for future
connections in the event the adjacent properties develop. The area within the Transition Area buffer will
be the more formal of the open spaces, while the open space to the north will be left in its natural state
with only selective clearing of understory trees and brush. A 10-foot wide planted area is shown along the
HOME ASSOCIATES OF VIRGINIA, INC
Agenda Item 1
Page 1
western property line to provide a buffer between the proposed lots and the existing United States Coast
Guard communication towers to the west. A Landscape Plan for the entire property is proffered to be
completed and submitted during final site plan review and will reflect these requirements.
The proffered building elevations are suggestive of the semi-rural character of the Transition Area. The
primary building material is proffered as cement fiber-board (e.g. HardiePlank), consistent with the
Comprehensive Plan's recommendation of the use of high quality materials. The proffers require that all
front yards be sodded and that dwellings have minimum floor area: one-story dwellings must contain no
less than 1,800 square feet of enclosed living area, excluding garage area and two-story dwellings must
contain no less than 2,100 square feet of enclosed living area, excluding garage area. The applicant has
also proffered that $500.00 per lot will be paid to the City for acquisition of property for open space
preservation, pursuant to the City's Outdoors Plan.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: single-family dwelling
SURROUNDING LAND North: . Portion of Former Pungo Airfield (U.S. Coast Guard
USE AND ZONING: Communication Station), agricultural fields / AG-1 Agricultural
District
South: . Indian River Road
• Single-family dwellings / AG-2 Agricultural District
East: . Wooded parcel / AG-2 Agricultural District
West: • Portion of Former Pungo Airfield (U.S. Coast Guard
Communication Station) / AG-2 Agricultural District
NATURAL RESOURCE AND The site is partially wooded and within the Southern Watersheds
CULTURAL FEATURES: Management Area. Much of the property designated as open space on
the proffered plan has mature trees that will remain undisturbed, other
than selective clearing of dead trees and underbrush. There do not
appear to be any significant cultural features on the site.
COMPREHENSIVE PLAN: This property is located in the Transition Area, an area that lies between the more
densely developed Suburban Area and the low-density Rural Area of the city. The Comprehensive Plan states
that the Transition Area should not become as suburbanized as properties north of the Green Line nor should
it be limited to very low densities as is the southern, rural portion of Virginia Beach. Instead, land use in the
Transition Area is recommended for well-planned, clustered development that protects open space, optimizes
site amenity and design opportunities, and limits densities to an average of no more than one dwelling unit per
acre.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River
Road is a two-lane, rural highway with a variable width right-of-way. This portion of Indian River Road is not
included on the City's MTP. There are currently no Roadway CIP projects planned for this roadway.
HOME ASSOCIATES OF VIRGINIA, INC
Agenda ltem 1
Page 2
TRAFFIC: Street Name Present
Volume present Capacity Generated Traffic
Indian River Road 3,085 ADT 7,400 ADT (Level of Existing Land Use - 10
Service "C") - 12,000 ADT
ADT' (Level of Service Proposed Land Use 3- 57
"D" ADT
Average Daily Trips
2 as defined by 6 acres of agriculturally zoned property
3 as defined b six sin le-famil dwellin s
WATER & SEWER: City water and sanitary sewer are not available. Well water is proposed for the new
dwellings. According to the applicant's consultant, all of the proposed lots appear to have soils unsuitable to
support conventional onsite sewage disposal systems. The Virginia Department of Health Alternative Onsite
Sewage Disposal Regulations do allow for the installation of alternative systems in order to accommodate
residential sewage. Based on this, the wastewater treatment for Lots 1, 2 and 3 will likely involve an alternative
sewage disposal system utilizing standard septic tanks, treatment modules providing Level 3 quality effluents,
time dosing pump chambers and shallow placed effluent infiltration pads. The consultant has also indicated
that Lots 4, 5 and 6 have a seasonal high water table at or near the ground surface, making the sites
unsuitable for either a conventional or an alternative sewage disposal system as described above. Under the
provisions of House Bill 1166, the Health Department may permit an engineered wastewater disposal system,
best characterized as a drip disposal system. These systems dispose of treated and disinfected effluent in an
elevated, sand mound. Each system would include a 1,000 gallon septic tank, treatment devices such as an
aerobic treatment unit, ultraviolet disinfection lights, and a disposal field within an elevated sand-backfilled
mound. All on-site sanitary sewer treatment, regardless of the system, as well as wells for water will require
review and ultimately approval by the Health Department prior to the approval of a site plan by the
Development Services Center.
SCHOOLS:
School EnrCurrent ollm nt Capacity Generation'
Creeds Elementary 296 360 2
Princess Anne Middle 1,414 1,456 1
Kellam High 1,833 1,961 2
"generation" represents the number of students that the development will add to the school
EVALUATION AND RECOMMENDATION
Chapter 4 of the Comprehensive Plan characterizes this portion of the Transition Area as a"patchwork of
smaller, undeveloped properties...." These properties, for the most part, are located outside of AICUZ impact
areas, meaning air operations conducted from NAS Oceana and Fentress Airfield will not negatively impact
future residents. The proposed rezoning is consistent with the provisions of Section 1804 of the City Zoning
Ordinance pertaining to discretionary development applications in AICUZ areas. While the upper.a:98-acres of
the northwest corner of this site does lie within the 65 to 70 d6 DNL AICUZ (Sub-area 2), the proffered plan
HOME ASSOCIATES OF VIRGINIA, INC
Agenda ltem 1
Page 3
proposes to leave the area as natural open space; therefore, the vast majority of the site in the lowest AICUZ
of Less than 65 dB DNL.
The Comprehensive Plan purposely recommends a lower density for new development in the Transition Area.
The Plan recommends that residential development have a maximum average density of one dwelling unit per
acre. With an overall density of 1.01 units per acre, the number of proposed dwellings is consistent with the
recommendation for new residential developments in the Transition Area. This lower density minimizes the
level of impact on existing public infrastructure; avoids the need for the higher level and more expensive
improvements associated with urban development; and, in keeping with the intent of the Green Line, ensures
that citizens in other parts of the city will not be subsidizing capital improvements to support higher density
development in rural Virginia Beach. The Comprehensive Plan states that "Development in the Transition Area
is not to be considered as a continuation of the higher density growth as experienced in the in the northern
urban area ...." The Transition Area is viewed not as a continuation of the urban areas to the north or the rural
areas to the south, but as a transitional zone between the two.
To further this concept, the Transition Area Guidelines were established to ensure that growth in this area is
suited to the character of the area and respectful of environmental features. The Transition Area Matrix at the
end of the report describes how the proposal addresses the three important components of project design:
Natural Resources, Amenity, and Design.
It is Staff's finding that the proposal blends well with the existing area; is respectful of the rural character along
this portion of Indian River Road; is designed with future connectivity to adjacent properties for vehicles and
pedestrians; facilitates future preservation of the northern wooded areas; positions stormwater management
facilities as visual, open space amenities; is consistent with both the AICUZ Overlay Ordinance and the
Comprehensive Plan's density recommendations; and, places no detrimental burden on the capacity of
roadways and other infrastructure in the Transition Area. Based on this evaluation, Staff recommends approval
of the application subject to the proffers below.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers
in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When development takes place upon that portion of the Property which is to be developed, it shall be as a
single family residential community of no more than six (6) building lots substantially in conformance with the
Exhibit entitled "Conceptual Site & Landscape Plan Of Pungo Village Indian River Road, Virginia Beach, VA",
dated 07/15/13, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on
file with the Virginia Beach Department of Planning ("Land Use Plan").
PROFFER 2:
When the Property is developed, the "150' TRANSITION AREA BUFFER" as designated on the Land Use
Plan shall be improved as depicted and described on the Land Use Plan by the Grantor and dedica#ed to the
Grantee for public use as a multipurpose trail and Open Space consistent with the Grantee's Comprehensive
HOME ASSOCIATES OF VIRGINIA, INC
Agenda ltem 1
Page 4
Land Use Plan.
PROFFER 3:
When the Property is developed, approximately 3.499 acres will be set aside as open space and ponds as
depicted on the Land Use Plan. The Open Space depicted to the north of the homes will be natural areas with
existing healthy trees to be retained and selective clearing of under-story permitted. The Open Space
between the homes and Princess Anne Road including the "150' TRANSITION AREA BUFFER" shall be
grassed. The "150' TRANSITION AREA BUFFER" as depicted on the Land Use Plan shall be dedicated to
the Grantee and all of the remaining Open Spaces shall be dedicated to and maintained by the Property
Owners' Association.
PROFFER 4:
When the Property is subdivided, the residential building lots shall have a minimum of 15,000 square feet and
they shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed
Restrictions") administered by a Property Owners' Association, to which membership is mandatory. The
Property Owners' Association shall be responsible for maintaining all Open Space Areas, Common Areas and
easements. The Deed Restrictions shall prohibit the operation of motorcycles or all-terrain vehicles ("ATVs")
within the Open Space Areas.
PROFFER 5:
All residential dwellings constructed on the Property shall have cement fiber board exterior surfaces, excluding
roof, trim, windows, and doors. The architectural features and exterior appearance of the dwellings shall be
substantially in keeping with the appearance of the homes depicted and designated on the five (5) Exhibits
designated "CONCEPTUAL ELEVATIONS FOR PUNGO VILLAGE HOMES" dated July 15, 2013, which have
been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of
Planning ("Elevations"). Any one-story dwelling shall contain no less than 1,800 square feet of enclosed living
area excluding garage area and any two-story dwelling shall contain no less than 2,100 square feet of
enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed
Restrictions shall require each dwelling to have, at a minimum, a 350 square foot garage.
PROFFER 6:
A detailed landscaping plan for all open space areas shall be submitted to the Director of the Department of
Planning, or his designee, for review and approval prior to subdivision approval.
PROFFER 7:
The Grantor recognizes that the subject site is located within the Transition Area identified in the
Comprehensive Plan of the City of Virginia Beach, adopted on December 2, 2003. In addition to integrating
significant open spaces with a low density, high quality, housing component as specified in the
Comprehensive Plan, the Grantor agrees to contribute the sum of Five Hundred Dollars ($500.00) per lot to
Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's
Outdoors Plan. If the funds proffered by the Grantor in this paragraph are not used by the Grantee anytime
within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused
may be used by the Grantee for any other public purpose.
PROFFER 8:
Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and
administration of applicable City codes by all cognizant City agencies and departments to meet all applicable
City code requirements. Any references hereinabove to the R-15 Zoning District and to the requirements and
regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia
Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this
reference incorporated herein.
HOME ASSOCIATES OF VIRGINIA, INC
Agenda ltem 1
Page 5
STAFF COMMENTS: The proffers listed above are acceptable. They ensure that the proposed density and
dwellings' designs will complement the Transition Area and that rural vistas and open spaces are protected.
The City Attorney's Office has reviewed the proffer agreement dated July 29, 2013, and found it to be legally
sufficient and in acceptable legal form.
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of P/anning / Development Services Center and
Deparfinent of P/anning / Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid.
The applicant is encouraged to contact and work with the Crime Prevention Offi'ce within the Police
Departmenf for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
HOME ASSOCIATES OF VIRGINIA, INC
Agenda ltem 1
Page 6
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ZONING HISTORY
# DATE REQUEST ACTION
1 09/24/13
07/07/09
08/10/93 Modification of Conditions
Conditional Use Permit (outdoor recreational facility)
Conditional Use Permit firewood preparation Granted
Granted
Granted
2 04/24/12 Rezoning (B-2 & AG-2 to Conditional B-2)
Conditional Use Permit automobile service station Granted
Granted
3 07/14/09 Conditional Use Permit residential kennel Granted
4 06/22/04 Rezoning ( AG-2 to Conditional B-2)
Conditional Use Permit (mini warehouse Granted
Granted
5 10/14/03 Conditional Use Permit (art aller Granted
6 07/11/00 Conditional Use Permit auto detailin Granted
7 10/28/97
03/16/87 Conditional Use Permit (church addition)
Conditional Use Permit church addition Granted
Granted
8 09/23/97 Subdivision Variance
9 12/11/89 Conditional Use Permit duplex Granted
10 08/14/89 Subdivision Variance Granted
11 12/19/88 Rezonin (AG-2 to B-2 Granted
12 10/24/88 Conditional Use Permit (fuel pumps) Granted
HOME ASSOCIATES OF VIRGINIA, INC
Agenda Item 1
Page 14
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 it'necessary)
Home Associates of Virginia, Inc.: James M. Arnhold, Chairman; Robert L. Prodan, II, President;
Brenda Caruana, Vice PresidenUSecretary/Treasurer
2. List all businesses that have a parent-subsidiary' or affiliated business entityz
relationship with the applicant: (Attach list if necessary)
? Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if properfy owner is different from app(icant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
? Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes No X
If yes, what is the name of the official or employee and the nature of their interest?
DISCLOSURE STATEINlENT
HOME ASSOCIATES OF VIRGINIA, INC
? Agenda ltem 1 Page 15
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ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Sykes, Bourdon, Ahern & Levy, P.C.
MSA, P.C.
Bob Willoughby
Shuttleworth, Ruloff
'"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 Confiict of Interests Act, Va.
Code § 2.2-3101.
Z"Affiliated business entity relationship" means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
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CERTIFICATION: I cerfify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
a
nd view the site for purposes of processing and evaluating this application.
Planning to phonA
I/P Brenda Caruana, Vice President
Applicant's Signatur Print Name
Property Owner's Signature (if different than applicant) Print Name
DISCLOSURE STATEMENT
HOME ASSOCIATES OF VIRGINIA, INC
Agenda l#em 1
F?age 16
Item # 1
Homes Associates of Virginia, Inc.
Page 2
Committee over a month ago, to let the condition #1, or excuse me, the statement # 1, that we
just absolutely disagree with says that "this project will set an undesirable precedent for small
disconnected subdivisions, along Indian River Road and other areas within the Transition Area,
each with individual street entrances". Well, if we could put the composite map up there, I
think that it's instructive of something that's important to look at but, because of the situation
in terms of this property's surroundings, we cannot assemble any additional property, at this
time, and we have provided for the opportunity for the City to control any future development
to the east using the entrance here. It's a public street that we are proposing, on this, this site.
The interesting thing, well, I find it interesting, is north of Indian River Road, and again, we're
Pungo Village, and we want to have the development, in the area near the village and not in the
rural agricultural area where there's farms, active farming operations going on. There are
today, two houses, in the Transition Area, on the north side. There are actually eight or nine on
the south side of Indian River adjacent to Indian River Road below the blue line, including four
single-family residences, on 2.6, roughly 2.6 acres of land, directly across the street, stripping
out the street, with four driveways and four houses. At the density that exist right here that
would apply, in the transition area, above the blue line; we would be talking about nine houses
and no open space. We're proposing six homes with 52 percent open space and a 50 foot right-
of-way connection to the property to the east, if you include that as open space, and we're 3
and %z plus acres of open space. The homes are appropriately designed, and they're attractive
homes. There was a comment in here, also about the septic systems and the folks from MSA
are here to speak those questions, if anybody has any. But, that's obviously a situation that we
know they'll be able to get approvai, their Health Department approval, soil work that has to be
done, but all of that work is done after the zoning is approved. If they can't get the approvals,
then they can't develop the property. But, there, we don't have any heartburn or doubt about
that being the case, but you don't make people go out and spend 10's of thousands of dollars
getting a lot of detailed work done until you have the zoning in place and we all understand
that that's the way the system works and has always worked. So, that was one of the other
issues that was raised in that letter about wanting an applicant to have to go out and do all this
highly technical and expensive work before you even have the zoning in place, and that is, that
is just not the way that the process has ever worked in the, in the past. So, with that I'll be
happy to answer any question. Proffered, everything, everything is recommended for approval
by your staff, and we hope that the commission will follow their recommendation. Thank you.
Jay Bernas: Does anyone have any questions? Ok, you don't even have to stand by for a
rebuttal, because I don't think we have any speakers.
Chris Felton: Unless, Mr. Fulbright still needed to speak, but....
Jason Fulbright: Oh, no sir.
Eddie Bourdon: Oh, he was just here in case you had any technical questions.
Someone from the audience screamed out (Doris King)...Well, I have a question.
Item # 1
Homes Associates of Virginia, Inc.
Page 3
Jay Bernas: Uh, hang on, did you want to come speak.
Audience member (Doris King): No, I just have some questions.
Jay Bernas: Well, okay, maybe he can, uh, talk with you, um, after.
Donald Horsley: Let her come up and ask it.
Jay Bernas: But, if she's not opposed, so......
Audience member (Doris King): I am opposed.
Jay Bernas: Oh, well, do you want to come speak, please, well you can fill out a card later. So,
please come forward.
Audience Member (Doris King): Please excuse my sunglasses, they're prescription.
Jay Bernas: It's alright, Please state your name?
Doris King: My Name is Doris King. I live on Indian River Road. I just have a question about the
septic system. I wondered what the regulations were, regarding acreage and septic systems in
the area, since it's a low area, which floods regularly with bad storms. I'm opposed to have
septic systems on just one acre, and the existing homes he spoke about have been there for a
long, long time, some of them, dating back, 50 or 60 years, the ones that are right there in the
vicinity of this development. I also feel that, ya know, it interferes with the rural feel and
concept of Pungo. We live on three and a half acres, and we can't build anything or put any
other septic system on that. And I'm surprised more neighbors haven't been down here,
because a lot of them have talked about it and opposed it, but they didn't bother to come.
1ay Bernas: Okay, does anyone have any questions for Ms. King?
Jay Bernas: Okay, we'll give the applicant a chance for rebuttal.
Jay Bernas: Can you address the septic tank issue and the rural character, maybe?
Eddie Bourdon: The property, the property is not in a floodplain, at all. There is a, a high water
table on the property, on part of the property, and that's why the alternative effluent disposal
system, as described in your write up, will be used. That's for the State Health Department,
provides that opportunity for expensive systems. This doesn't deal with Land Management
scenario, where you have 3 acres, and if you spread it out on top of the ground, and let it
evaporate and absorb. This is highly technical. It's like $18,000 per system that they will be
using, approved by the State Health Department. There is a lot of soil work that has to be done
to make sure that all, all wili work, and we're quite confident, if you want to hear from Mr.
Item # 1
Homes Associates of Virginia, Inc.
Page 4
Fulbright that, that would be the case. The other, the other three, there is a more standard, not
totally standard, for the septic system, with a drip system, in order to cluster the, the homes,
which is what the Transition Area, wants to have happen, rather than strip out the roadways,
which we don't want to have happen, which is what exists there, pointing to south side of
Indian River Road, in part, because of a lot of development took place there, decades and
decades ago. We're creating the feel that we have everything set back, back with open space
along the road and the trail system along the road, for future connectivity on either side, all of
the things that has been done in the other developments within the Transition Area and have
been approved previously. It is a somewhat smaller site than most of the others, but that is
because of the constraints that are presented by the location and with the federal property on
two of the three sides. I hope that answers the question, and if you want to have more
technical discussion about the septic system, then Jason can respond.
Jay Bernas: So, and just to clarify this, the Health Department is primarily responsible for septic
systems?
Eddie Bourdon: That, that is absolutely correct.
1ay Bernas: I just hope that she understands that we are looking at land use issues, and septic
tanks are Health Department.
Eddie Bourdon: That, that is absolutely correct, Mr. Bernas.
Jay Bernas: Any other questions? Okay, the hearing is closed, and we will open it up for
discussion amongst the commissioners or I'll entertain a motion.
Donald Horsley: Mr. Chairman, I'll, I'll start. This application, that staff has reiterated time and
again, that it is consistent with the recommendation of the Comp Plan and the Transition Area
Guidelines, and we understand the ladies concern with the septic system, but they, they're in
the hands of the State Health Department. Things have changed a lot since these homes were
built, many years ago, and you said some of them 60 years ago or whatever. You said you live
on a 3 acre parcel. Ya know, we use to, we had Land Management where we could do that, as
Mr. Bourdon mentioned a few minutes ago, but there's new and better technology now, where
we can have different types of septic systems and the Health Department has approved them,
and that, they seem to be working very well, from all indications. So, well, based on that, I
don't think we're setting a precedent. Anything, precedent has already been set before. So, I
would make a motion that the application be approved.
Jay Bernas: So, we have a motion for approval made by Commissioner Horsley, do I have a
second?
Albert Henley: Second.
Jay Bernas: Seconded by Commissioner Henley. Is there any further discussion?
Item # 1
Homes Associates of Virginia, Inc.
Page 5
Donald Horsley: I think Bob wanted to.
Bob Thornton: Oh. No, I was seconding, but he got it.
Jay Bernas: Alright, we're now ready to vote.
Edward Weeden: Vote is open.
AYE 11 NAY 0 ABS 0 ABSENT 0
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
Edward Weeden: By a vote of 11-0, the Commission has approved Item 1, Home Associates of
Virginia.
Eddie Bourdon: Thank y'all very much.
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In Reply Refer To Our File No. DF-8864
TO: Mark D. Stiles,---.\
FROM: B. Kay Wilson?'V
CITY OF VIRGINIA BEACH
INTER-OFPICE CORRESPONDENCE
DATE: January 17, 2014
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Home Associates of Virginia, Inc.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on January 28, 2014. I have reviewed the subject proffer agreement, dated
July 29, 2013 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Kathleen Hassen
HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 29th day of July, 2013, by and between HOME
ASSOCIATES OF VIRGINIA, INC., a Virginia corporation ("Home"), Grantor; and THE
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of a certain parcel of property located in the
Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 6.05
acres and described in Exhibit "A" attached hereto and incorporated herein by this reference,
which is herein referred to as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of
the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the
Zoning Classifications of the Property from AGi Agricultural District to Conditional R-15
Residential District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
GPIN: 2413-22-5595
Prepared By:
R. Edward Bourdon, Jr., Esquire
Sykes, Bourdon, Ahern & Levy, P.C.
281 Independence Blvd.
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
VSB #22i6o
1
WHEREAS, the Grantor acknowledges that competing and sometimes incompatible
uses conflict and that in order to permit differing uses on and in the area of the Property and
at the same time to recognize the effects of change, and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned are needed to cope with
the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior
to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map, in addition to the regulations provided for the R-15 Zoning District by the
existing overall Zoning Ordinance, the following reasonable conditions related to the
physical development, operation, and use of the Property to be adopted as a part of said
amendment to the Zoning Map relative and applicable to the Property, which has a
reasonable relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any element
of compulsion or quid pro cuo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby makes the following declaration of conditions and restrictions
which shall restrict and govern the physical development, operation, and use of the Property
and hereby covenant and agree that this declaration shall constitute covenants running with
the Property, which shall be binding upon the Property and upon all parties and persons
claiming under or through the Grantor, its successors, personal representatives, assigns,
grantee, and other successors in interest or title and which will not be required of the
Grantor until the Property is developed:
i. When development takes place upon that portion of the Property which is to
be developed, it shall be as a single family residential community of no more than six (6)
building lots substantially in conformance with the Exhibit entitled "Conceptual Site &
Landscape Plan Of Pungo Village Indian River Road, Virginia Beach, VA", dated 07/15/13,
prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is
on file with the Virginia Beach Department of Planning ("Land Use Plan").
2. When the Property is developed, the "15o' TRANSITION AREA BUFFER" as
designated on the Land Use Plan shall be improved as depicted and described on the Land
2
Use Plan by the Grantor and dedicated to the Grantee for public use as a multipurpose trail
and Open Space consistent with the Grantee's Comprehensive Land Use Plan.
3. When the Property is developed, approximately 3•499 acres will be set aside
as open space and ponds as depicted on the Land Use Plan. The Open Space depicted to the
north of the homes will be natural areas with existing healthy trees to be retained and
selective clearing of under-story permitted. The Open Space between the homes and
Princess Anne Road including the "150' TRANSITION AREA BUFFER" shall be grassed.
The "150' TRANSITION AREA BUFFER" as depicted on the Land Use Plan shall be
dedicated to the Grantee and all of the remaining Open Spaces shall be dedicated to and
maintained by the Property Owners' Association.
4. When the Property is subdivided, the residential building lots shall have a
minimum of 15,000 square feet and they shall be subject to a recorded Declaration of
Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a
Property Owners' Association, to which membership is mandatory. The Property Owners'
Association shall be responsible for maintaining all Open Space Areas, Common Areas and
easements. The Deed Restrictions shall prohibit the operation of motorcycles or all terrain
vehicles ("ATVs") within the Open Space Areas.
5. All residential dwellings constructed on the Property shall have cement fiber
board exterior surfaces, excluding roof, trim, windows, and doors. The architectural
features and exterior appearance of the dwellings shall be substantially in keeping with the
appearance of the homes depicted and designated on the five (5) Exhibits designated
"CONCEPTUAL ELEVATIONS FOR PUNGO VILLAGE HOMES" dated July 15, 2oi3, which
have been exhibited to the Virginia Beach City Council and are on file with the Virginia
Beach Department of Planning ("Elevations"). Any one story dwelling shall contain no less
than 180o square feet of enclosed living area excluding garage area and any two-story
dwelling shall contain no less than 2100 square feet of enclosed living area excluding garage
area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each
dwelling to have, at a minimum, a 350 square foot garage.
6. A detailed landscaping plan for all open space areas shall be submitted to the
Director of the Department of Planning, or his designee, for review and approval prior to
subdivision approval.
7. The Grantor recognizes that the subject site is located within the Transition
Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on
3
December 2, 2003. In addition to integrating significant open spaces with a low density,
high quality, housing component as specified in the Comprehensive Plan, the Grantor
agrees to contribute the sum of Five Hundred Dollars ($500.00) per lot to Grantee to be
utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's
Outdoors Plan. If the funds proffered by the Grantor in this paragraph are not used by the
Grantee anytime within the next twenty (20) years for the purpose for which they are
proffered, then any funds paid and unused may be used by the Grantee for any other public
purpose.
8. Further conditions may be required by the Grantee during detailed Site Plan
and/or Subdivision review and administration of applicable City codes by all cognizant City
agencies and departments to meet all applicable City code requirements. Any references
hereinabove to the R-15 Zoning District and to the requirements and regulations applicable
thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia
Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which
are by this reference incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part
of a comprehensive implementation of a new or substantially revised Zoning Ordinance
until specifically repealed. The conditions, however, may be repealed, amended, or varied
by written instrument recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by the
Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted
by the governing body of the Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as
amended. Said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded, said instrument shall be void.
The Grantor covenants and agrees that:
4
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with such
conditions, including mandatory or prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantor shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office of
the Zoning Administrator and in the Planning Department, and they shall be recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in
the names of the Grantor and the Grantee.
5
WITNESS the following signature and seal:
Grantor:
Home Associates of Virginia, Inc.,
a Virginia corporation
By; (SEaL)
Brenda Caruana, Vice President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of July,
2013, by Brenda Caruana, Vice President of Home Associates of Virginia, Inc., a Virginia
corporation, Grantor.
Notary Public
My Commission Expires:
Notary Registration Number:
6
EXHIBIT "A"
ALL THAT certain lot or piece or parcel of land situate in the City of Virginia Beach,
Virginia, known and described by metes and bounds containing "6.049 acre", more or less,
as shown on that certain plat of survey entitled "SUBDIVISION OF MELVIN D. ULREY
PROPERTY ON INDIAN RIVER ROAD, Pungo Borough, Virginia Beach, Virginia", which
plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 94, at Page 29.
GPIN: 2413-22-5595
H:\AM\Conditional Rezoning\Home Associates of Virginia\Pungo Village\Proffer_rev.3 10-23-13.doc
7
WITNESS the following signature and seal:
Grantor:
Home Associates of Virginia, Inc.,
a Vir 'nia corporatio
? (SEAL)
By:
Brenda Caruana, Vice President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 3V4 day of July,
2013, by Brenda Caruana, Vice President of Home Associates of Virginia, Inc., a Virginia
corporation, Grantor.
. n
Notary Public
My Commission Expires: DQlag 1 I 7
Notary Registration Number:_tollnl lo
?.......?
ERICA G. POWERS
NOTARY PUBUC
REGISTRATION M 369616
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
FEBRUARY 28, 2017
6
EXHIBIT "A"
ALL THAT certain lot or piece or parcel of land situate in the City of Virginia Beach,
Virginia, known and described by metes and bounds containing "6.049 acre", more or less,
as shown on that certain plat of survey entitled "SUBDIVISION OF MELVIN D. ULREY
PROPERTY ON INDIAN RIVER ROAD, Pungo Borough, Virginia Beach, Virginia", which
plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 94, at Page 29.
GPIN: 2413-22-5595
H:\AM\Conditional Rezoning\Home Associates\Pungo Village\Proffer.doc
7
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
• CITY OF VIRGINIA BEACH - CBC / Zoning Maps - An Ordinance to Amend the
Official Zoning Map by Changing the Zoning District Classification of Certain
Property to "CBC Central Business Core District."
• CITY OF VIRGINIA BEACH - CBC / Article 22 - An Ordinance to Add a New Article
22, Consisting of Sections 2200 through 2212, to the City Zoning Ordinance.
• CITY OF VIRGINIA BEACH - CBC / Conforming Provisions - An Ordinance to Add,
Amend, and Reordain, Repeal or Renumber Certain Sections of the City Zoning
Ordinance so as to Conform to the Provisions of Article 22 of the City Zoning
Ordinance (Establishing the CBC Central Business Core District and Setting Forth
the Regulations Pertaining to Such District).
• CITY OF VIRGINIA BEACH - CBC / Pembroke SGA Plan - An Ordinance to Amend
the Pembroke Strategic Growth Area 4 Implementation Plan and the Policy
Document of the Comprehensive Plan by Revising Maps of the Pembroke
Strategic Growth Area and Amending the Descriptions of the Central Business
District / Core Area and the Central Business District / Waterfront Area.
• CITY OF VIRGINIA BEACH - CBC / Site Plan Exceptions - An Ordinance to Amend
and Reordain Sections 5.5, 5.66 and 5.14 of the Site Plan Ordinance, Pertaining to
Exceptions in Districts Intended to Implement Strategic Growth Area Plans.
• CITY OF VIRGINIA BEACH - CBC / Transition Rules - An Ordinance Establishing
Transition Rules for the Review of Site Plans, Subdivision Plats and Other Plans
of Development for Property in the CBC Central Business Core District.
MEETING DATE: January 28, 2014
¦ Background:
The Pembroke Strategic Growth Area (SGA) Implementation Plan, adopted by the City
Council on November 10, 2009, describes and provides planning policies for six
subareas within the SGA: Western Campus District; Central Village District; CBD
Waterfront District; CBD Core District; CBD Bonney District; and Southern Corporate
District. The land use and development policy framework concentrates a high density
mix of complementary urban uses within a defined central area, creates a skyline for
Virginia Beach, and provides for decreased land use density and intensity of
development outward from the core.
The general recommendations for the Pembroke Strategic Growth Area are as follows:
• Implement Transit-Oriented Development around planned transit stations;
• Establish policies for alternative housing/workforce housing;
• Create zoning regulations specific to the land use and development policies of
each district;
• Establish a Cultural Arts District in the Core Area;
City of Virginia Beach/ CBC Central Business Core District
Page2of3
Expand the Pembroke SGA to include Mount Trashmore Park and South
Independence Commercial corridor;
Design and build the entire length of Cleveland Street to Greenwich Road as a
'Complete Street' to be an attractive and efficient thoroughfare serving many
modes of travel; and
Develop a public facilities strategy for City-owned lands considering recreation,
library, museum, theaters, and other uses.
As part of the recommendation to `create zoning regulations specific to each district,' the
attached amendments are proposed as a means of allowing for and encouraging the
land use and the type of development recommended by the Pembroke SGA Plan for the
CBD Core District. The CBD Core District includes Town Center, and is generally
bordered by Kellam Road, Broad Street, Beasley Drive, and the former Norfolk Southern
right-of-way (see map provided in attached staff report).
The proposed amendments began with an intensive effort by City staff in November
2012 to draft zoning regulations based on the land use and development framework
recommended by the SGA Plan. After several months of staff discussion and 'testing' of
various regulatory concepts, staff began an extensive public participation process to gain
insight from those who live, work, and own property within the CBD Core. That process
included a public meeting and workshop on August 15, 2013 at the Sandler Center for
the Performing Arts. Approximately 50 people attended the meeting. An overview of the
draft zoning regulations and design guidelines was presented, and following the
presentation, staff answered questions and received comments from attendees. In
response to comments received at that meeting and comments received with each
subsequent draft, staff has continued to refine and test the amendments through various
case studies. In particular, the most recent refinement of the amendments was the result
of comments from the Central Business District Association (CBDA), which formally
endorsed the amendments on November 12, 2013 (see letter following this report).
¦ Considerations:
When adopted in 2009, the Pembroke SGA Plan recommended that new zoning
regulations for the various districts within the SGA be modeled on form-based code
principles. Accordingly, the proposed amendments are a hybrid of the existing
framework of zoning regulations and form-based code principles appropriate to the
development pattern and land uses recommended by the policies of the SGA Plan.
The proposed amendments will regulate land use and development within the Central
Business District (CBD) Core District, replacing the existing B-3A Pembroke Central
Business Core District and much of the B-3 Central Business District. The parcels
regulated by the new district will be identified on the Official Zoning Map by the notation
"CBC." The attached ordinances include provisions creating the new district and
amending the Zoning Map to show the CBC district.
The proposed amendments focus on three principal areas of regulation necessary to
achieve the vision for the CBD Core District as provided by the Pembroke SGA Plan.
First, regulations are provided for six key development principles that work together to
establish urban form as recommended for the CBD Core District: build-to zone; parking
setback; transparency; blank wall; height; and outdoor amenity space.
City of Virginia Beach/ CBC Central Business Core District
Page 3 of 3
Second, as urban form is only one part of what creates a great urban place and
experience, the proposed amendments regulate the land uses. The regulations include
specific locations where certain land uses are allowed and standards that some must
meet to ensure compatibility with the surrounding area. The proposed land use
regulations, therefore, are intended to create a more urban-style environment in the
Core, allow for a mixture of uses (residential, office, commercial, and hotel), and provide
a greater variety in price and types of housing citywide.
Third, the proposed amendments provide regulations pertaining to signs, as signs can
have a significant impact on the overall appearance and experience within an urban
place:
The proposed amendments also include the "Central Business Core District Design
Guidelines." The Guidelines are voluntary, but they play a significant role in creating the
urban place envisioned by the Pembroke SGA Plan. The Guidelines are also an
instrumental part of the Optional Forms of Development process as well as the
Alternative Compliance process, which are summarized further in the attached staff
report.
Also included as part of the overall package are amendments to the Pembroke Strategic
Growth Area Plan and the Comprehensive Plan. The amendments revise the maps that
show the districts within the SGA and amend the descriptions of the CBD / Core Area
and CBD / Waterfront Area.
The attached report provides greater detail and further discussion of the proposed
amendments.
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
Ordinances (6)
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting De Agency: Planning Departmen
City Manager. ?>LM
7-12
December 11, 2013 Public Hearing
CITY OF VIRGINIA BEACH
AMENDMENTS PERTAINING TO THE
ESTABLISHMENT OF THE CBC
CENTRAL BUSINESS CORE DISTRICT
REQUESTS:
8.
10
11
12
An Ordinance to Amend the Official Zoning Map by Changing the Zoning District Classification of
Certain Property to "CBC Central Business Core District."
An Ordinance to Add a New Article 22, Consisting of Sections 2200 through 2212, to the City Zoning
Ordinance, Establishing the Central Business Core District and Setting Forth Findings and
Regulations Pertaining to Permitted Uses, Development (Lot and Building) Standards, Sign
Regulations, Alternative Compliance with prescribed development standards, Optional Forms of
Development, Public Art, Parking Requirements, and Design Guidelines for the District.
An Ordinance to Add, Amend, and Reordain, Repeal or Renumber Certain Sections of the City
Zoning Ordinance so as to Conform to the Provisions of Article 22 of the City Zoning Ordinance
(Establishing the CBC Central Business Core District and Setting Forth the Regulations Pertaining to
Such District).
An Ordinance to Amend the Pembroke Strategic Growth Area 4 Implementation Plan and the Policy
Document of the Comprehensive Plan by Revising Maps of the Pembroke Strategic Growth Area and
Amending the Descriptions of the Central Business District / Core Area and the Central Business
District / Waterfront Area.
An Ordinance to Amend and Reordain Sections 5.5, 5.66 and 5.14 of the Site Plan Ordinance,
Pertaining to Exceptions in Districts Intended to Implement Strategic Growth Area Plans.
An Ordinance Establishing Transition Rules for the Review of Site Plans, Subdivision Plats and Other
Plans of Development for Property in the CBC Central Business Core District.
SUMMARY OF AMENDMENT
Backaround
The Pembroke Strategic Growth Area (SGA) Implementation Plan, adopted by the City Council on
November 10, 2009, describes and provides planning policies for six subareas within the SGA: Western
Campus District; Central Village District; CBD Waterfront District; CBD Core District; CBD Bonney District;
and Southern Corporate District. The land use and development policy framework concentrates a high
density mix of complementary urban uses within a defined central area, creates a skyline for Virginia
Beach, and provides for decreased land use density and intensity of development outward from the core.
CITY OF VIRGINIA BEACH / CBC C
itral Business
Core Dis#rict
Agenda Items 7 - 12
Page 1
The general recommendations for the Pembroke Strategic Growth Area are as follows:
• Implement Transit-Oriented Development around planned transit stations;
. Establish policies for alternative housing/workforce housing;
• Create zoning regulations specific to the land use and development policies of each district;
• Establish a Cultural Arts District in the Core Area;
• Expand the Pembroke SGA to include Mount Trashmore Park and South Independence
Commercial corridor;
. Design and build the entire length of Cleveland Street to Greenwich Road as a'Complete Street'
to be an attractive and efficient thoroughfare serving many modes of travel; and
. Develop a public facilities strategy for City-owned lands considering recreation, library, museum,
theaters, and other uses.
As part of the recommendation to `create zoning regulations specific to each district,' the various
amendments listed at the beginning of this report are proposed as a means of allowing for and
encouraging the land use and type of development recommended by the Pembroke SGA Plan for the
CBD Core District. The CBD Core District includes Town Center and is generally bordered by Kellam
Road, Broad Street, Beasley Drive, and the former Norfolk Southern right-of-way (see map below).
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Feet .w.m.zuiPembroke Strategic Growfh Area
The current set of proposed amendments began with an intensive effort by City staff in November 2012 to
draft zoning regulations based on the land use and development framework recommended by the SGA
Plan. After several months of staff discussion and 'testing' of various regulatory concepts, staff began an
CITY OF VIRGINIA BEACH / CBC Central Business
Core Di$trict
Agenda Items 7 - 12
Page 2
extensive public participation process to gain insight from those who live, work, and own property within
the CBD Core. That process included a public meeting and workshop on August 15, 2013 at the Sandler
Center for Performing Arts. Approximately 50 people attended the meeting. An overview of the draft
zoning regulations and design guidelines was presented, and following the presentation, staff answered
questions and received comments from attendees. In response to comments received at that meeting
and comments received since with each subsequent draft, staff has continued to refine and test the
amendments through various case studies. In particular, the most recent refinement of the amendments
was the result of comments from the Central Business District Association (CBDA), which formally
endorsed the amendments on November 12, 2013 (see letter following this report).
Summarv of Amendments
When adopted in 2009, the Pembroke SGA Plan recommended that new zoning regulations for the
various districts within the SGA be modeled on form-based code principles. Accordingly, the proposed
amendments are a hybrid of the existing framework of zoning regulations and form-based code principles
appropriate to the development pattern and land uses recommended by the policies of the SGA Plan.
The proposed amendments will regulate land use and development within the Central Business District
(CBD) Core District, which will replace the existing B-3A Pembroke Central Business Core District and
much of the B-3 Central Business District. The parcels regulated by the new district will be identified on
" The attached ordinances include provisions creating the
the Official Zoning Map by the notation "CBC.,
new district and amending the Zoning Map to show the CBC district.
The proposed amendments are based on six key development standards, most of which are typical of a
form-based code.
1. Build-To Zone
• Purposes:
o Bring buildings to street
o Create "Street Wall"
• Rules:
o Place building between 0 and 10 feet from front property line
o Place building along at least 70 percent of street frontage
2. Parkinq Setback
• Purposes:
o Hide parking from street and sidewalk
o Create "pedestrian-friendly" environment
• Rules:
o Place parking at least 20 feet from street facing property line
o Surface parking - setback applies to at least 70 percent of street frontage (up to 30
percent of street frontage can have parking up front)
o Structured parking - setback applies to at least 50 percent of street frontage (thus, up to
50 percent of street frontage can have parking at the front lot line.
o Applies only to ground-floor level
3. Transparencv
CITY OF VIRGINIA BEACH / CBC Central Bus
Gore Di
Agenda Items
Page 3
• Purposes:
o Create `pedestrian-friendly' environment by adding interest to street level
o Provide 'eyes on the street' to improve safety
• Rules:
0 30 percent of fagade of ground-floor must be `transparenY (measured from 2 feet to 8 feet
above sidewalk)
0 15 percent of fagade of upper floors must be transparent (measured from finished floor to
finished floor)
o Applies to street-facing facades only
4. Blank Wall
• Purpose:
o Create `pedestrian-friendly' environment by adding interest to street level
• Rules
o Every 30 feet of wall must include substantial material change (may be windows, doors,
columns, pilasters, or other articulation greater than 12 inches deep)
o Applies vertically and horizontally
o Applies to street-facing facades only
o Applies to ground and upper stories
5. Heipht
• Purposes:
o Create 'street wall'
o Create organized form; most dense in Core
• Rules:
o Minimum height - 25 feet or 2 stories (whichever is lower)
o Measured from lowest point of original grade (at street setback) to highest point of
building
o Ground floor minimum height - 12 feet (measured finished floor to finished floor)
o No maximum height in Core District (other than those imposed by Federal Aviation
Administration regulations)
6. Outdoor Amenitv Sqace
• Purpose:
o Provide outdoor spaces for dense, urban environments
• Rules
0 5 percent of lot area
These six key development standards work together to establish the urban form recommended by the
SGA Plan for the CBD Core District. That form, however, is only one part of what creates a great urban
place and experience. The second part consists of the various land uses that are allowed, including
specific locations where they are allowed and standards that some must meet to ensure compatibility with
CITY OF VIRGINIA BEACH / CBC Central Business
Gore District
Agenda Items 7 - 12
' Page 4
the surrounding area. The proposed land use regulations, therefore, are intended to create a more urban-
style environment in the Core, aliow for a mixture of uses (residential, office, commercial, and hotel), and
provide a greater variety in price and types of housing citywide. The following is a short summary of the
land use regulations that are most relevant to the development of the Core as an urban place:
. Allows apartment buildings and mixed-use buildings with residential dwellings on upper floors.
• Allows grocery stores, carry-out food, and convenience stores (free-standing or in a mixed-use
building).
• No industrial uses.
• Limits automobile-oriented uses: drive-through business, auto repair, gas stations.
• Drive-through for banks, pharmacies, and restaurants permitted, BUT the proposed amendment
provides that "drive-through facilities shall be located on the block interior or in the ground floor of
a parking structure so as not to be visible from a public right-of-way."
• Surface parking lots permitted if located behind building or screened from the view of a public
street; otherwise, a Use Permit is required.
The third part of the regulatory framework consists of regulations pertaining to signs, which can have a
significant impact on the overall appearance and experience within an urban place:
• Purposes:
o Allow for variety of sign types found in urban areas (awning, hanging, projecting,
marquee)
o Prevents distracting, competing signage
o Incentivizes compliance with the Design Guidelines
• Rules:
o Number and total area of signs based on building type, height, and street frontage
o Bonus signage allowed when signs meet Design Guidelines
The fourth part of the regulatory framework consists of the "Central Business Core District Design
Guidelines." The Guidelines are voluntary, but they play a significant role in creating the urban place
envisioned by the Pembroke SGA Plan:
• As noted above, provide design standards for `bonus' signage;
• Applied when Optional Forms of Development are proposed; and
• Considered as a component of Alternative Compliance.
The final part of the regulatory framework consists of the flexible nature of the framework itself. Just as
with the Oceanfront Resort Area Form-Based Code, there are three processes by which a development
may gain approval:
1. Prescribed Form (administrative process);
1. Optional Forms of Development (administrative process); and
2. Alternative Compliance (City Council approval).
The 'Prescribed Form' consists of the zoning regulations for the Central Business Core (CBC) District, as
summarized above. The specific provisions for Optional Forms of Development are described in Section
2206 and for Alternative Compliance are detailed in Section 2205.
CITY OF VIRGINIA BEACH / CBC Central Bu
Gore t
Agenda Item:
ss
ict
12
1 c
RECOMMENDATION
With the adoption of the 2003 Comprehensive Plan, the City Council estabiished Strategic Growth Areas
(SGAs), including the Pembroke SGA, as the areas intended to absorb most of the city's anticipated
future growth, both residential and non-residentiai. The SGAs are planned to contain uses that are more
intensive than in most other areas of the city, but are integrated into compact, yet compatible, mixes of
uses, including office, retail, service, hotel and, where appropriate, residential, uses. The 2003
Comprehensive Plan also established guidance concerning the SGAs:
Of equal importance will be how the SGAs develop in regard to the form that they take. The
SGAs are intended to be urban in form with a mixture of uses commonly found in urban settings.
The areas, however, that are designated as SGAs are largely either undeveloped or developed in
the same suburban pattern found throughout the City. How we reshape these undeveloped and
suburban areas will be critical if we are to create memorable urban places where people desire to
live, work, play, and learn. As the various implementation plans are developed for the SGAs, we
must develop design guidelines and new zoning tools, such as Form Based Codes, that provide
specific direction to those who own property in the SGAs regarding what the form of those places
will be. If the form of the SGAs does not match our vision for the SGAs, we will have lost much.
This Plan, therefore, provides fundamental guidance regarding the proper form of urban places
and the principles of design that can be used as we move forvvard to create an active and vibrant
urban corridor from Newtown to the Oceanfront.
Of equal importance will be how the SGAs develop in regard to the form that they take. The SGAs are
intended to be urban in form with a mixture of uses commonly found in urban settings. The areas,
however, that are designated as SGAs are largely either undeveloped or developed in the same
suburban pattern found throughout the city. The way these areas are 'reshaped' will be critical to
establish a more memorable urban place where people desire to live, work, play, and learn. As the
various implementation plans are developed for the SGAs, design guidelines and new zoning tools must
be created that provide specific direction to those who own property in the SGAs regarding what the form
of those places will be. If the form of the SGAs does not match the vision for the SGAs, the purpose of the
SGAs will be lost.
The 2009 Comprehensive Plan retained the SGA strategy as well as the guiding principles adopted with
the 2003 Comprehensive Plan. That strategy has been refined and expanded through the adoption of
plans for each of the eight SGAs. The plans for all of those SGAs retain and build on the basic planning
principles established in the Comprehensive Plan. The attached amendments are consistent with those
principles, establishing a regulatory framework based on the vision for the CBD Core District as described
in the Pembroke Strategic Growth Area Plan.
Based on the above, approval of the ordinances is recommended.
CITY OF VIRGINIA BEACH / CBC Central Business
Core Dis#rict
Agenda Items 7 - 12
Page 6
?
c EXrIIAI, IIrrsINr,ss I)79I'Rtc°i'ns80cWl'i0rr
C)NE C(1L[T14tBUS CEN'1'ER, SLITI'E 611
VIItGINIA 12LAC;H, VIRGINIA 23462
November 12, 2013
Mr. Jim Spore
City Manager
City of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
Dear 1im:
7he Centrai Business District Association's Executive Board unanimousiy approved the C6D Core
dRAFT Ordinance (R-29) at its meeting today.
The CBDA's SGA Legislative Advisory Gornmittee, Ghaired by Burrell Saunders and comprised of
GBDA merrrbers and stakeholders wouid like to thank your staff for the many hoars spent irr meeting and
reviewing the specifics pf khis DRAFT Ordinance. We wauld like to specificaily mention Bill Macali,
Deputiy City Attorney, Ashby Moss, Strategic Growth Area Planner, and Karen Lasley, Zoning
Administrator rtor their contributions offering their expertise on the modification of this ardinance.
The Central eusiness District Association is committed to the "Urban Master Plan" as included in
the Pembrpke Strategic Growth Area 4 implementatian Plan as adopted by the Virginia Beaeh City
Council in 2009. The vision of a live, worl< and play enviranment has been reaiized in the current
develapment nf Town Center. This visinn shnuld continue to grow and thrive in the expanded area to
compliment the developed and redeveloped defined expanse.
Thank you again for the opportunity to express ourviews on this very impartant development
strategy toward the future growth of the community.
With kindest regards, I am
V y truly yours,
1einne S. Evans-Cox
1
Ekecutive Director
CC: CBDA Board of Directors
CBDA SGA Legislative Advisory Committee
CITY OF VIRGINIA BEACH / CBC Central Business
Core Dis#rict
Agenda Items 7- 12
Page 7
Items #7 - #12
City of Virginia Beach - Central Business
Core District Amendments
December 11, 2013
(7) An Ordinance to Amend the Official Zoning Map by Changing the Zoning District
Classification of Certain Property to "CBC Central Business Core District."
(8) An Ordinance to Add a New Article 22, Consisting of Sections 2200 through 2212, to the
City Zoning Ordinance, Establishing the Central Business Core District and Setting Forth
Findings and Regulations Pertaining to Permitted Uses, Development (Lot and Building)
Standards, Sign Regulations, Alternative Compliance with prescribed development
standards, Optional Forms of Development, Public Art, Parking Requirements, and Design
Guidelines for the District.
(9) An Ordinance to Add, Amend, and Reordain, Repeal or Renumber Certain Sections of the
City Zoning Ordinance so as to Conform to the Provisions of Article 22 of the City Zoning
Ordinance (Establishing the CBC Central Business Core District and Setting Forth the
Regulations Pertaining to Such District).
(10) An Ordinance to Amend the Pembroke Strategic Growth Area 4 Implementation Plan and
the Policy Document of the Comprehensive Plan by Revising Maps of the Pembroke
Strategic Growth Area and Amending the Descriptions of the Central Business District /
Core Area and the Central Business District / Waterfront Area.
(11) An Ordinance to Amend and Reordain Sections 5.5, 5.613 and 5.14 of the Site Plan
Ordinance, Pertaining to Exceptions in Districts Intended to Implement Strategic Growth
Area Plans.
(12) An Ordinance Establishing Transition Rules for the Review of Site Plans, Subdivision Plats
and Other Plans of Development for Property in the CBC Central Business Core District.
December 11, 2013
CONSENT
Ashby Moss appeared before the Commission to provide a summary of the amendments as
well as to respond to questions.
AYE 9
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
NAY 0 ABS 0 ABSENT 2
Item 7-12
City of Virginia Beach - CBC
Page 2
RUCINSKI AYE
RUSSO ABSENT
THORNTON ABSENT
By a vote of 9-0, the Commission approved Items 7- 12 by consent.
1 AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP
2 BY CHANGING THE ZONING DISTRICT CLASSIFICATION
3 OF CERTAIN PROPERTY TO "CBC CENTRAL BUSINESS
4 CORE DISTRICT."
5 WHEREAS, the public necessity, convenience, general welfare and good zoning
6 practice so require;
7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That the official zoning map of the City of Virginia Beach be, and hereby is,
10 amended by changing the zoning district classification of all lots or parcels of land within
11 the territory described on the attached Exhibit 1, entitled "Listing of Properties to be
12 Included in `CBC Central Business Core District' by Geographic Parcel Identification
13 Number," and within the shaded area on the attached Map, marked Exhibit 2 and
14 entitled "Map of Area to be Rezoned to CBC Central Business Core District," to the
15 zoning district classification "CBC Central Business Core District,"' as shown on the
16 sheets marked and identified as "Zoning - Grids E06 and E07, Zoning, Updated:
17 January 21, 2014" on the official zoning map of the City of Virginia Beach, Virginia,
18 which sheets have been displayed before the City Council this date and are on file in
19 the Department of Planning.
20 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
21 of , 2014
APPROVED AS TO CONTENT
A \kl ? . I --
k4&=
Plannin Departmen
APPROVED AS TO LEGAL SUFFICIENCY
r ?
i
?
City Attorney's Office
CA-12706
R-2
November 12, 2013
EXHIBIT 1
Listing of Properties to be Included in `CBC Central Business Core District' by
Geographic Parcel Identification Number
LIST OF ALL AFFECTED GPINS
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
14772593470000,14772594290000,14773441220000,14773447530000,
14773471130000,14773497470000,14773500860000,14773504680000,
14773523370000,14773524370000,14773533380000,14773534270000,
14773537530000,14773553890000,14773563360000,14773564370000,
14773574060000,14773590470000,14773595690000,14774400690000,
14774401460000,14774402310000,14774403880000,14774411420000,
14774421730000, 14774425390000, 14774457290000, 14774471260000 (Town
Center Condominiums), 14774475100000 (Residences at Westin Condominiums),
14774477180000, 14774488920000 (Studio 56 Condominiums), 14774511630000,
14774524250000,14774526240000,14774550300000,14774551310000,
14774570940000, 14774673210000 (partial), 14775402230000, 14775402730000,
14775408700000,14775412730000,14775414290000,14775418700000,
14775445380000 (The Town Center Condominiums), 14775450980000,
14775471170000,14775479320000,14775485370000,14775488980000,
14775491570000, 14775510280000, 14775540310000 (The Town Center
Condominiums), 14775570690000, 14775591410000, 14775594250000,
14775620340000 (partial), 14776442620000, 14776444430000, 14776446300000,
14776449010000,14776510670000,14776551950000,14776554690000,
14776564460000, 14776630960000 (partial)
2
Exhibit 2
Map of Area to be Rezoned to CBC Central Business Core District
3
N
?? E Central Business Core Zoning District Map fiot «sGale
1 AN ORDINANCE TO ADD ARTICLE 22 TO THE CITY ZONING
2 ORDINANCE, CONSISTING OF SECTIONS 2200 THROUGH
3 2212, ESTABLISHING THE CENTRAL BUSINESS CORE
4 DISTRICT AND SETTING FORTH FINDINGS AND
5 REGULATIONS PERTAINING TO PERMITTED USES,
6 DEVELOPMENT (LOT AND BUILDING) STANDARDS, SIGN
7 REGULATIONS, ALTERNATIVE COMPLIANCE WITH
g PRESCRIBED DEVELOPMENT STANDARDS, OPTIONAL
g FORMS OF DEVELOPMENT, PUBLIC ART, PARKING
10 REQUIREMENTS AND DESIGN GUIDELINES FOR THE
11 DISTRICT
12
13 Sections Added: City Zoning Ordinance Sections 2200 through 2212
14
15 WHEREAS, the public necessity, convenience, general welfare and good zoning
16 practice so require;
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 That a new Article 22 of the City Zoning Ordinance, consisting of Sections 2200
22 through 2212, establishing the Central Business Core District and setting forth
23 regulations regarding permitted uses, lot standards, building standards, alternative
24 compliance with prescribed development standards, optional forms of development,
25 public art, parking requirements and other development standards for the District is
26 hereby added to the City Zoning Ordinance, to read as follows:
27
28
29 ARTICLE 22. CENTRAL BUSINESS CORE DISTRICT.
30
31 A. General Provisions
32
33 Sec 2200. Agplicability; severability
34 Sec.2201. Purpose
35 Sec.2202. Findings
36
37 B. Development Requlations
38
39 Sec. 2203. Use requlations
40 Sec 2204. Development standards
41 Sec. 2205. Alternative Compliance
42 Sec 2206 Optional Forms of Development
43 Sec 2207 Special rules for public art as an Optional Form of Development
44 Sec 2208 Nonconforminq buildinqs and structures
45
46 C. Siqn Regulations
47
48 Sec 2209 Intent; findinqs, establishment of special siqn district
49 Sec 2210. Requlations applicable to all signage
50
51 D. Desiqn Guidelines
52
53 Sec 2211 Central Business Core District Design Guidelines
54
55
56 E. Vehicular Parkinq Regulations
57
58 Sec. 2212. Off-street parkinq
59
60
61
62 A. GENERAL PROVISIONS.
63
64 Sec. 2200. Applicability; severabilitv.
65 (a) This Article sets forth the zoninq requlations applicable to development
66 within the Central Business Core District Such district shall be desiqnated on the
67 official zoning map as "CBC".
68 (b) In the event of a conflict between the provisions of this Article and any
69 other provision of the Citv Zoninq Ordinance the provisions of this Article shall a
70 unless expressly otherwise provided.
71 (c) The provisions of this Code shall be severable such that in the event one
72 (1) or more of the provisions of this Code shall be adiudqed to be invalid or
73 unenforceable the validitv and enforceabilitv of the remaininq provisions shall not in any
74 way be affected or impaired bv such adiudication.
75 COMMENT
76
77 This section states that the Article contains the zoning regulations applicable to
78 development in the new Central Business Core District and that the City's zoning map shall
79 designate the district as "CBC." It also resolves potential conflicts with other CZO provisions in
80 favor of the provisions of this ordinance and contains a severability ctause to express the intention
2
81 of the City Council that the invalidation of one or more provisions shall not affect any other
$2 provision.
83
84 Sec.2201. Purpose.
85
86 (a) The purpose of this Article is to establish requlations implementinq the
87 vision of the City Council for the Central Business District/Core Area portion of the
88 Pembroke Strateqic Growth Area as expressed in the Pembroke Strateqic Growth Area
89 Implementation Plan ("SGA Plan") adopted on November 10 2009. Such requlations
90 are intended to foster the continued development of a central urban core with a vertical
91 mix of urban uses mobility and transit alternatives urban qatherinq places,
92 environmental and neiqhborhood protection "qreen" buildinqs and infrastructure
93 opportunities providinq a variety of civic commercial artistic and ethnicallv diverse
94
95
96
97
98
99
100
101
areas.
COMMENT
The section states the purpose of the Article. The descriptive language in the second
sentence was taken from the Vision Statement contained in the Pembroke SGA Plan.
Sec.2202. Findinqs.
102 The City Council finds that:
103
104 (a) In the 2003 Comprehensive Plan the City established Strateqic Growth
105 Areas (SGAs) including the Pembroke SGA as areas desiqned to absorb most of the
106 City's anticipated future qrowth both residential and non-residential. The SGAs were
107 planned to contain uses that are more intensive than in most other areas of the Citv but
108 are inteqrated into compact vet compatible mixes of uses includinq office, retail,
109 service hotel and where appropriate residential, uses.
110
111 The 2003 Comprehensive Plan also set forth five common planninq principles
112 applicable to all SGAs:
113
114 (1) Efficient use of land resources;
115
116 (2) Full use of urban services;
117
118 (3) A compatible mix of uses;
119
120 (4) A ranqe of transportation opportunities; and
121
3
122 (5) Detailed human-scale desiqn.
123
124 (b) The 2003 Comprehensive Plan also set forth guidance concerning the
125 implementation of the vision embodied in the various SGAs. It stated:
126
127 Of equal importance will be how the SGAs develop in reqard
128 to the form that they take. The SGAs are intended to be
129 urban in form with a mixture of uses commonly found in
130 urban settinqs The areas however, that are desiqnated as
131 SGAs are larqely either undeveloped or developed in the
132 same suburban pattern found throughout the Citv. How we
133 reshape these undeveloped and suburban areas will be
134 critical if we are to create memorable urban places where
135 people desire to live work play, and learn. As the various
136 implementation plans are developed for the SGAs, we must
137 develop desiqn quidelines and new zoning tools such as
138 Form Based Codes that provide specific direction to those
139 who own property in the SGAs reqardinq what the form of
140 those places will be. If the form of the SGAs does not match
141 our vision for the SGAs we will have lost much. This Plan,
142 therefore provides fundamental quidance reqardinq the
143 proper form of urban places and the principles of desiqn that
144 can be used as we move forward to create an active and
145 vibrant urban corridor from Newtown to the Oceanfront.
146
147 (c) The 2009 Comprehensive Plan retained the strateqy and quidinq
148 principles set forth hereinabove That strateqy has been refined and expanded by
149 means of separate plans that were specific to each of the eiqht SGAs within the City
150 and that were adopted only after an extensive public participation in each instance. The
151 plans for all of those SGAs retain the five basic planninq principles set forth in
152 subsection (a) In addition the 2009 Plan noted that the Citv has identified SGAs as:
153
154 (1) Providinq opportunities for continued physical and economic
155 ra owth;
156
157 (2) Helpinq to prevent urban sprawl;
158
159 (3) Protectinq our established residential neiqhborhoods and rural
160 areas from incompatible development due to qrowth pressures;
161
162 (4) Maximizinq infrastructure efficiencv; and
163
164 (5) Creatinq unique and exciting urban destinations.
165
166 (d) Traditional suburban-style development tvpically lacks siqnificant
167 connectivity to mass transit systems and bicycle or pedestrian-oriented features, instead
168 dependinq almost exclusively upon automobile traffic. Such dependence upon the
169 automobile results in larqe expanses of asphalt or other impervious parkinq surfaces
170 that are rarely if ever, fully utilized and has siqnificant undesirable impacts, includinq,
171 amonq others:
172
173 (1) Inefficient use of land;
174
175 (2) Greater adverse impacts on air and water quality, notwithstandinq
176 compliance with applicable requlations than vertically-oriented,
177 mixed-use development;
178
179 (3) Incompatibility, both functional and architectural with adiacent
180 communities;
181
182 (4) Increased traffic conqestion; and
183
184 (5) A lack of uniqueness and "sense of place" differentiatinq Virqinia
185 Beach from other cities.
186
187 (e) As stated in the Pembroke SGA Plan:
188
189 Without an urban core the Citv will not be able to attract the
190 kind of employers needed to provide iobs to certain
191 seqments of its ever-expandinq citizenry. The time has come
192 for the City of Virqinia Beach to embrace its urban potential
193 and take steps to create a sustainable city form that better
194 serves its citizens now and lonq into the future.
195
196 (f) In liqht of the foreqoing findinqs it is in the best interests of the Citv of
197 Virqinia Beach that this Article be adopted in order to promote development that
198 advances the City's vision for the Central Business District/Core Area portion of the
199 Pembroke Strategic Growth Area That vision was finalized only after residents,
200 business owners and other stakeholders participated with City planners and other
201 officials in an extensive public participation process in which a variety of views and
202 opinions were expressed and considered.
203
204 (q) The zoninq requlations that currently qovern development in the Central
205 Business District/Core Area of the Pembroke SGA should be updated and refined so as
206 to allow more flexible and creative forms of development; accordinqly, the requlations
207 set forth in this Article are intended to be flexible and performance-oriented, so as to
208 allow multiple forms of development that advance the qoals and obiectives of the
209 Pembroke SGA Plan.
210
211 COMMENT
212 The section sets forth the findings underlying the ordinance. Most of these findings have
213 been taken from the 2009 Comprehensive Plan or the Pembroke Strategic Growth Arca Plan.
214 Others, particularly in subsection (g), have been added.
215
216 B. DEVELOPMENT REGULATIONS
217
218 Sec. 2203. Use requlations.
219
220 (a) The followinq chart lists those uses permitted within the Central Business
221 Core District Uses and structures shall be allowed either as principal uses, indicated
222 by a"P" or as conditional uses indicated by a"C." Uses and structures indicated bv an
223 "X" shall be prohibited unless allowed bv special exception for Alternative Compliance
224 pursuant to Section 2205 No uses or structures other than as specified herein or as
225 allowed pursuant to subsection (b) shall be permitted.
226
227 Use District
228
229 CBC
230
231 Adult book stores, but not within 500 feet
232 of any apartment or residential district,
233 sinqle - or multiple-family dwellinq, church,
234 park, or school X
235
236 Animal hospitals veterinary establishments,
237 pounds shelters and commercial kennels,
238 provided that all animals shall be kept in
239 soundqroofed, air-conditioned buildinqs P
240
241 Assembly uses P
242
243 Automobile museums, subiect to the provisions of
244 Section 223.1 c
245
6
246 Use District
247
248 CBC
249
250 Automobile repair qaraqes, subiect to the provisions
251 of Section 224 X
252
253 Automobile service stations; sublect to the provisions
254 of Section 225, and provided that, where there is an
255 adioininq Residential or Apartment district without an
256 interveninq street, allev or permanent open space qreater
257 than twenty-five (25) feet in width and where lots separated
258 by a district boundary have adiacent front vards, Cateqorv VI
259 screeninq shall seqarate the automobile service station use
260 from the adiacent Residential or Apartment district and
261 no freestandinq siqn shall be located within fifty (50) feet
262 of any such Residential or Apartment District C
263
264 Bakeries, confectioneries and delicatessens,
265 provided that products prepared or processed
266 on the premises shall be sold onlv at retail and
267 only on the premises except that bakeries,
268 confectioneries and delicatessens with 7,500
269 square feet or less in floor area mav prepare
270 products on the premises for retail sale at an
271 off-site location P
272
273 Bars or niqhtclubs, subject to the provisions of Section
274 225.01 C
275
276 Beverage manufacturinq shops P
277
278 Bicvcle and moped rental establishments and bicycle
279 sharinp systems, subject to the provisions of Section 226 C
280
281 Boat sales X
282
283 Body piercing establishments X
284
285 Buildinq-mounted antennas meetinq the requirements
286 of Section 207 P
287
288 Bulk storaqe yards and building contractors yards,
289 subject to the provisions of Section 228, and provided
290 that no sale or processinq of scrap, salvaqe or second-
291 hand material shall be permitted; and provided further
292 that such storage yards shall be completely enclosed
293 except for necessary openinqs in inqress and eqress bv
294 a fence or wall not less than six (6) feet in heicht X
7
295 Use District
296
297 CBC
298
299
300 Business and vocational schools c
301
302 Business studios and offices P
303
304 Car wash facilities subiect to the provisions of Section
305 228.1 c
306
307 Child care and child care education centers P
308
309 Colleqes and universities public or private c
310
311 Commercial and other surface parking lots includinq
312 on-site surface parkinq parking qaraqes and storaqe
313 garaqes except as provided below c
314
315 Commercial and other surface parking lots, includinq
316 on-site parkinq located behind a buildinq or otherwise
317 screened from view from a public street P
318
319 Commercial parking structures which mav include
320 car wash car rental or car detailinq services when
321 wholly enclosed within a parking structure and
322 accessorv thereto ?
323
324 Communication towers meetinQ the requirements of
325 Section 232(i) P
326
327 Communication towers exceqt as specified above c
328
329 Craft distillery shops C
330
331 Dwellinqs, attached/townhouses X
332
333 Dwellinqs, multiple-familv P
334
335 Fiber-oqtics transmission facilities subject to the
336 provisions of Section 233.15 c
337
338 Financial institutions provided that drive-throuqh
339 facilities shall be located on the block interior or
340 in the around floor of aparkinq structure so as
341 not to be visible from a public right-of-way P
342
343 Funeral homes c
8
344 Use District
345
346 cac
347
348 Furniture repair and upholsterinq; repair services for
349 radio and television and household appliances other
350 than those with qasoline enqines; carqet and linoleum
351 lavinq tile settinq, siqn shops and other small service
352 businesses within a mixed-use buildinq P
353
354 Furniture repair and upholsterinq; repair services for
355 radio and television and household appliances other
356 than those with qasoline enqines; carpet and linoleum
357 lavinq; tile settinq, siqn shops and other small service
358 businesses other than within a mixed-use buildinq X
359
360 Greenhouses and plant nurseries in a mixed-use
361 buildin c
362
363 Grocery stores, carry-out food stores and
364 convenience stores P
365
366 Heliports and helistops C_
367
368 Home occupations C_
369
370 Housing for seniors and disabled persons, subject
371 to the provisions of Section 235; convalescent,
372 nursing or maternity homes C
373
374 Hospitals and sanitariums C
375
376 Hotels _P
377
378 Laundry and dry cleaning establishments, retail P
379
380 Liquor stores other than at wholesale P
381
382 Medical and dental offices and clinics P
383
384 Medicallaboratories P
385
386 Mini-warehouses X
387
388 Mobile home sales X
389
390 Motor vehicle sales and rentals, subject to
391 the provisions of Section 239, except as
392 provided below X
9
393 Use District
394
395 cac
396
397 Motor vehicle sales and rentals, provided that
398 such use and any accessorv or other uses in
399 coniunction with the principal use are fully
400 enclosed within a buildinq P
401
402 Museums and art qalleries P
403
404 Off-site parkinq facilities, subiect to the
405 provisions of Section 2212 P
406
407 Pharmacies, provided that drive-throuqh
408 facilities shall be located on the block interior or
409 in the qround floor of a parkinq structure so as
410 not to be visible from the public riqht-of-wav P
411
412 Printinq, publishing and similar uses P
413
414 Personal service establishments P
415
416 Personal watercraft rentals X
417
418 Public schools C
419
420 Public uses except qublic schools P
421
422 Public utilities installations and substations, qrovided
423 that storage and maintenance facilities shall not be
424 permitted; and provided further, that utilities substations
425 other than individual transformers shall be surrounded
426 by Category IV screenina except for entrances and exits;
427 and provided also that transformer vaults for underqround
428 utilities shall reauire only Cateqory I screeninq, except for
429 access oqeninqs P
430
431 Public utilities offices P
432
433 Public utility storaqe or maintenance installations X
434
435 Radio and television broadcasting stations C
436
437 Recreational or amusement facilities, indoor,
438 with a maximum floor area of 7,500 square feet P
439
440
10
441 Use District
442
443 CBC
444
445 Recreational or amusement facilities, indoor, with a
446 maximum floor area qreater than 7,500 sauare feet C
447
448 Recreation or amusement facilities, outdoor, other
449 than_ridinq academies and recreational campqrounds,
450 sublect to the provisions of Section 240.1 C
451
452 Religious uses with a floor area greater than 4,000
453 square feet C
454
455 Reliqious uses with a maximum floor area
456 of 4,000 square feet P
457
458 Restaurants inside a mixed-use buildinq, except as
459 provided below P
460
461 Restaurants, whether freestandinq or in a mixed-use
462 buildinq, with a drive-throuqh window, provided
463 that drive-throuqh facilities shall be located on the
464 block interior or on the qround floor of a parking
465 structure so as not to be visible from a public riqht-of-way P
466
467 Restaurants, freestandinq, without drive-throuqh windows P
468
469 Retail establishments, other than those listed separately,
470 including the incidental manufacturing of goods for sale
471 at retail on the premises; provided that outdoor storage or
472 display of any items for sale shall comply with the provisions
473 of Section 2204(c) P
474
475 Storage or processinq of salvage, scrap or iunk X
476
477 Satellite wagering facilities within a mixed-use building C
478
479 Single room occupancy facility X
480
481 Specialty shops P
482
483 Tattoo parlors and bodv-piercing establishments X
484
485 Truck and trailer rentals, in accordance with the
486 provisions of Section 242.2 X
487
11
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
Use District
cBc
Wholesalinq and distribution operations, provided
that such operations do not involve the use of:
(i) more than 2,000 square feet of floor area for storaqe
of wares: (ii) anv vehicle rated at more than 1'/2 tons, or
(iii) a total of more than five (5) delivery vehicles X
Wildlife rehabilitation centers X
Wind enerqv conversion systems freestandinq C
Wind enerqv conversion svstems roof-mounted,
except as provided below P
Wind enerqv conversion systems roof-mounted,
in excess of one (1) per principal structure c
(b) If a proposed use is not expressly permitted pursuant to subsection (a),
but is similar to a listed use the Zoninq Administrator may cateqorize the proposed use
as a use permitted by this section either as a principal or conditional use. In
determininq whether a proposed use is similar to a listed use the Zoninq Administrator
shall consider (1) the actual or proiected characteristics of the proposed use in
comparison to those of the most similar listed uw and (2) the cateqorization of the
proposed use in the Standard Land Use Codinq Manual (First Edition January 1965).
(c) Uses other than those allowed pursuant to subsections (a) or (b) may be
allowed pursuant to the Alternative Compliance provisions set forth in Section 2205 if
such use conforms to the standards set forth therein.
COMMENT
The section sets forth the use regulations for the District. The section also provides that
uses not otherwise allowed may be permitted under the Alternative Compliance provisions in
Section 2205. In addition, the Zoning Administrator may allow a use that is not expressly listed as
an allowed use, but is similar to a listed use, depending on the actual or projected characteristics of
the proposed use and its classification in the Standard Land Use Coding Manual (SLUCM).
12
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
Sec. 2204. Development standards.
Uses and structures in the District shall conform to the development standards
listed below, unless approved pursuant to the Alternative Compliance (Section 2205) or
Optional Forms of Development (Section 2206) provisions of this Article:
(a) Lot Standards (values expressed in feet unless otherwise indicated):
Sta n ria rti
District
--- - cBC
Lot area (min.) 5,000 square feet
Lot width (min.) 50
Front setback (min. 0
Side street setback
min. 0
Side setback (min. 0 or 5
Rear setback (min.) 0 or 5
Build-to zone 0 - 10
Alle setback min. 5
Surface parking
setback min. 20' (on 70% of street frontage)
Parking struct 3re
setback min. 20' (on 50% of street frontage)
Outdoor amenity
s ace° min. 5% of lot area
Notes:
1 Lot width shall be measured at the front propertv line For buildina sites on which one or
more standalone buildinqs is located on a leased portion of a recorded lot or zoninp lot the lot width shall
be determined as if the lease lines were lot lines.
2 The build to zone is the portion of a lot in which at least the first two (2) stories of a
buildinq facade facinq a street must occupy no less than the percentaqe as desiqnated in subsection (b)
of the distance between the lot lines abuttinq the public street faced bv the buildinq faGade. The build-to
requirements shall applv to all building facades facinq a qublic street.
3 The parkinq setback must be met in the desiqnated percentaqe of the street frontaqe of
any portion of the lot or leased area as the case mav be, adiacent to a public street and applies to
surface qarkinq and parkinq structures (qround story only) Where the required setback of a parkinq
structure is met in less than 70% of the street frontaqe the structure must substantiallv conform to the
applicable Central Business Core District Desiqn Guidelines.
Surface qarkinq on corner lots includinq vehicular entrances and exits shall be set back_at least fifteen
(15) feet from each point of intersection unless a qreater setback is required bv the conditional use
ep rmit•
4 Outdoor amenitv space is an exterior area of an establishment that: (1) serves as an
amenitv for occupants of the establishment or members of the public and (2) consists of areas such as
13
564
565
566
567
568
569
570
571
572
573
574
gardens (includinq roof qardens) landscaping beds or other veqetated and maintained areas, courtvards,
fountains plazas parks cafes or similar areas Stormwater manaqement facilities mav be included
within outdoor amenitv spaces but outdoor display areas and areas consistinq solely of qrass and lacking
other components such as trees landscapinq or hardscape improvements shall not be included as
outdoor amenity space Outdoor amenitv space shall be maintained in aood condition at all times.
(b) Buildinq Form Standards (values expressed in feet unless otherwise
indicated :
c•a.....4.....J
District
V ?Q??M4? M
CBC
Hei ht min. 25 or 2 stories, whichever is lower
Hei ht max. None, su?ect to Section 202
Ground floor height (min.) 12
Build-to zone 70%
4
Transparency (min.) 30% ground floor; 15% upper
floors
Blank wall (max.) 5 30
Permitted uses in mixed-use buildings (ground floor) A, B, E, F, G, H
Permitted uses in mixed-use buildin s u er floors) A, B, C, D, E, F, G, H
575
576 Kev to permitted uses:
577
578 A: Retail and service
579
580 B: Office
581
582 C: Hotel lobbv/conference space/accessorv uses
583
584 D: Restaurants
585
586 E: Recreational assembly or institutional
587
588 F: Residential
589
590 G: Hotel
591
592 H: Commercial parkinq structures
593
594
595 Notes:
596
597 1 Permitted encroachments above the maximum heiqht shall be as set forth in Section 202.
598
599 2. Measured from finished floor to finished floor.
600
601 3 Minimum percentaqe of street frontaqe of the lot or leased area occupied bv buildinq
602 facade.
603
604 4 Minimum percentaqe of windows and doors that must cover a around storv facade facinq
605 a street as measured between two (2) and eiqht (8) feet above the adiacent sidewalk. The minimum
14
606 percentaqe of windows and doors that must cover an upper floor faGade facinp a street is measured from
607 the finished floor to the finished floor above When there is no floor above upper storv transqarency is
608 measured from the top of the finished floor to the top of the wall plate A minimum of thirty per cent (30%)
609 of a required entrance must be transparent on a mixed-use or commercial buildinq.
610
611 5 "Blank wall" means a portion of the exterior street-facinq faGade of the buildinq that does
612 not include a substantial material chanqe (qaint color is not considered a substantial chanqe); windows,
613 doors columns pilasters or other articulation qreater than twelve (12) inches in depth. The above
614 requirement applies in both a vertical and horizontal direction and to both qround and upper story street-
615 facinq facades.
616
617 6 A mixed use buildinq is a buildinq containing two (2) or more separate uses, one of which
618 consists of residential dwellinq units that are phvsicallv and functionallv inteqrated within the same
619 buildinq on one zoninq lot.
620
621 7 Residential dwellinq units mav not occupy more than fiftv per cent (50%) of the total floor
622 area of the qround floor of the buildinq in which it is located.
623
624 (c) Outdoor display and stora.qe.
625
626
(1) Outdoor displav is the outdoor displav of inerchandise available for
627 sale at an establishment.
628
629
(2) Outdoor display of inerchandise is permitted in association with any
630 permitted commercial use in accordance with the followinq
631 provisions:
632
633 A Outdoor displavs shall be limited to an area within eiqht (8)
634 feet of a buildinq facade that contains the principal customer
635 entrance for the buildinq and shall not be within any area
636 consistinq of outdoor amenity space Outdoor displavs shall
637 occupY no more than thirtv per cent (30%) of the horizontal
638 length of such faCade and the maximum heiqht of any such
639 display shall not exceed six (6) feet;
640
641 B Outdoor displays shall be removed and placed inside a fully-
642 enclosed buildinq at the end of each business day; and
643
644 C Outdoor displavs may not impair the abilitv of pedestrians to
645 use the sidewalk.
646
647 (3) Outdoor display of liquefied petroleum (LP) qas storaqe racks, ice
648 storaqe bins or similar items soft drink or other vendinq machines,
649 or items on pallets shall not be permitted.
15
650
651 (4) Outdoor storaqe is the overniqht storaqe outside of a building, of
652 products or materials includinq without limitation merchandise or
653 material in boxes in crates on pallets or in shippinq containers;
654 vehicles awaitinq repair; recreational vehicles and boats; shoppinq
655 carts; qarden or buildinq supplies? shippinq containers; lumber, pipe,
656 steel iunk and other similar items.
657
658 (5) Outdoor storaqe shall be allowed only as provided in Section 208 or
659 as a condition of a conditional use permit authorizinq the use at
660 which outdoor storaqe occurs.
661
662 (d) Permitted encroachments.
663
664 (1) The followinq encroachments into the area between a buildinq
665 farade and public riqht-of-way shall be permitted:
666
667
A Galleries awninqs porte cocheres stoops porches and
668 balconies;
669
670 B. Outdoor seating;
671
672 C Outdoor displav areas in accordance with subsection (c);
673
674 D Siqns as allowed by Section 2210;
675
676 E Trash receptacles water features bicvcle racks and
677 bollards;
678
679 F. Pedestrian liqhtinq;
680
681 G Minor structures accessory to utilitv facilities such as
682 hydrants manholes transformers utility boxes, meters and
683 fire suppression equipment;
684
685 H Handicapped ramps to the extent necessary to perForm their
686 proper function;
687
ggg I Buildinq eaves roof overhanqs and liqht shelves, provided
689 there is at least eiqht (8) feet in clearance above the
690 sidewalk;
16
691
692 J. Cornices belt courses sills buttresses or other similar
693 architectural features provided there is at least eiqht (8) feet
694 in clearance above the sidewalk
695
696 K Bay windows oriels vestibules that are less than ten (10)
697 feet wide may extend up to four feet provided that such
ggg extension is at least two (2) feet from the vertical plane of the
699 lot line;
700
701 L Chimneys or flues which may extend up to two (2) feet,
702 provided that such extension is at least two feet from the
703 vertical plane of the lot line;
704
705 M Outdoor amenity space components plant material,
706 landscapinq sidewalks trees tree wells and planters;
707
708 N Sculptures and other public artin accordance with the
709 provisions of Section 2207
710
711 O Permitted access drives;
712
713 P Walls or fences not more than four (4) feet in heiqht;
714 provided however, that walls or fences providinq reauired
715 screeninq or used to screen mechanical or similar equipment
716 shall not exceed eiqht (8) feet in heiqht;
717
718 Q Subqrade foundations;
719
720 R Loadinq docks and necessary mechanical equipment; and
721
722 S Conditional uses allowed by Section 2203 if specified in the
723 conditional use permit.
724
725 (2) Encroachments into or over public sidewalks or other
726 public riqhts-of-wav shall be permitted in accordance
727 with Article VI of Chapter 33 of the Citv Code, except
728 as otherwise provided in this Article.
729
730
17
731 COMMENT
732
733 The section contains the applicable development standards regarding lots and buildings in
734 the llistrict. The standards are intended to result in the type of urban-style, pedestrian-oriented
735 development contemplated by the Pembroke Strategic Growth Area Plan.
736
737
738 Sec 2205. Alternative Compliance.
739
740 (a) This section sets forth the procedures and standards for Alternative
741 Compliance under which the City Council may qrant special exceptions to allow the
742 develo ment of new uses or structures that do not conform to the uses or forms of
743 development includinq siqns otherwise permitted under this Article.
744
745 (b) Applications for special exceptions seekinq Alternative Compliance shall
746 be filed with the Planninq Director. There shall be a fee in the amount set forth in
747 Section 107.1. The Planning Director shall review applications in liqht of the applicable
748 standards set forth in this section and mav solicit the comments of the Central Business
749 District Association Desiqn Review Committee thereof in connection with such review.
750 Upon completion of such review, the Planning Director shall report his findinqs and
751 recommendations concerninq the application in writinq to the Planning Commission_
752 Applications shall be the subiect of public hearinqs before the Planning Commission
753 and the City Council in accordance with the procedures prescribed in Section 221.
754
755 (c) Alternative Compliance Applications shall be evaluated for consistencv
756 with the followinq standards and the City Council in decidinq whether to allow
757 Alternative Compliance shall consider the extent to which the proposed development:
758
759 (1) Advances the stated qoals and obiectives of the Pembroke
760 Strateqic Growth Area Plan and the applicable policies of the
761 Comprehensive Plan;
762
763 (2) Is consistent with or demonstrably superior in desiqn and quality
764 to the applicable provisions of the Central Business Core District
765 Desiqn Guidelines.
766
767 The Citv Council shall also consider the potential impacts of the proposed deviation on
768 surrounding properties and other properties in the remainder of the Central Business
769 Core District and the extent to which anv adverse impacts from such deviation can be
770 mitiqated.
771
18
772 (d) The Citv Council may attach reasonable conditions of approval to an
773 application seekinq Alternative Compliance Such conditions shall be limited to those
774 intended to mitiqate any adverse visual functional or other impacts of the deviation from
775 the provisions of this Article or to promote compliance with the qoals and obiectives of
776 the Pembroke SGA Plan and this Article.
777
77$ (e) Nothinq in this section shall be construed to impair the riqht of any proper
779 party to apply to the Board of Zoninq Appeals for a variance from anv of the
780 development standards set forth in this Article.
781
782 COMMENT
783
7$4 The section establishes a procedure ("Alternative Compliance") by which a proposed
785 development may deviate in one or more respects from the provisions of this Article. The section
786 also sets forth the applicable standards to be applied in determining whether an application for
787 Alternative Compliance is to be allowed.
788
7$9 Subsection (e) makes it clear that the Alternative Compliance procedure is not a
790 replacement for the variance process, as it expressly preserves the right of a proper party to apply
791 to the Board of Zoning Appeals for a variance.
792
793
794 Sec 2206. Optional forms of development.
795
796 (a) Optional Forms of Development are desiqn alternatives that mav be used
797 in place of the specific requirements prescribed by this Article if the applicable
798 conditions set forth in this section are met Generally, such conditions include: (1)
799 usage of a form of development or amenity that is different from the specific
800 development standard prescribed by this Article where the different form or amenity
801 serves the same or a closely-related purpose or purposes as the prescribed
802 development standard: and (2) substantial conformitv to applicable provisions of the
803 Central Business Core District Desiqn Guidelines.
804
805 (b) The requirements of this Article mav be satisfied bv compliance with either
806 the prescribed development standard set forth in Section 2204 or the provisions of this
807 section as applicable The provisions of this section are intended to encouraqe
808 creativitv by providinq a flexible development option that will achieve the qoals and
809 oblectives of this Article equally well as compliance with the specific development
810 standards set forth in Section 2204.
811
812 (c) Optional Forms of Development and Alternative Compliance shall not be
813 deemed to be mutually exclusive and approval as an Optional Form of Development
814 shall not preclude anv application for a special exception under the Alternative
19
815 Compliance provisions of this Code: provided however, that if any condition of approval
816 - ursuant to a special exception for Alternative Compliance conflicts with an approved
817 Optional Form of Development the condition contained in the special exception shall
818 control.
819
820 (d) The followinq provisions set forth the purposes of the development
821 standards prescribed in Section 2204 and the optional means of fulfillinq those
822 purposes throuqh the use of alternative desiqn and buildinq features:
823
824 (1) Front and side street setbacks.
825
826 Purpose: To provide additional space for improvements that
827 contribute to the public realm such as wider sidewalks, outdoor
828 amenity areas and plant material and landscapinq.
829
830 Optional form of development: Provide features that contribute to
831 the public realm such as public artcourtyards surrounded by
832 buildinqs built to the property line balconies arcades qalleries,
833 Porte cocheres or other suitable buildinq elements. The buildinq
834 facade and any other portion of the buildinq encroachinq into the
835 setback shall substantially conform to the applicable Central
836 Business Core District Desiqn Guidelines.
837
838 (2) Build-to Zone
839
840 Purpose: To activate the street frontaqe and establish a street wall
841 bv locatinq buildinq fagades close to the street thereby providinq a
842 walkable pedestrian-oriented streetscape.
843
844 Optional form of development:
845
846 (i) Provide outdoor amenitv space located adiacent to the street
847 and encompassinq substantially the entire area between the
848 street and the buildinq facade alonq at least seventv per cent
849 (70%) of the street frontaqe of the lot or leased area.
850
851 (ii) Outdoor amenity space may consist of an outdoor cafeL
852 swimminq pool courtvard fountain park plaza, qarden or
853 similar area or a combination thereof. No vehicular parkinq
854 shall be allowed anywhere within outdoor amenitv space or
855 between the outdoor amenity space and the buildinq facade.
20
856
857 (iii) The buildinq farade shall substantiallv conform to the
858 applicable Central Business Core District Desiqn Guidelines.
859
860 (iv) The buildinq facade shall be located no qreater than thirty
861 (30) feet from the lot line faced by such buildinq farade
862 unless allowed pursuant to a special exception for
863 Alternative Compliance.
864
865 (v) Where a driveway prevents the use of outdoor amenity
866 space in a location specified by this section, such outdoor
867 amenity space may be placed elsewhere on the lot in such
868 location as will sufficiently activate the street frontaqe to the
869 extent contemplated by this section.
870
871 (3) Parkinq Setbacks
872
873 Purpose: To avoid "dead" space alonq the street frontaqe that
874 does not contribute to an active street presence.
875
876 Optional form of development: Enliven the street frontaqe and
877 screen the parkinq area by the creative use of public art, plant
878 material and landscapinq water features, or other pedestrian
879 amenities that provide visual interest. For structured parkinq,
880 maintain continuity of the sidewalk by minimizinq the number and
881 width of curb cuts for drivewavs. Where alleys do not exist,
882 concentrate curb cuts at side streets or mid-block. The optional
883 form of development shall substantiallv conform to applicable
884 Central Business Core District Desiqn Guidelines.
885
886 (4) Heiqht
887 Purpose: To provide an orqanized form throuqhout the Central
888 Business Core District provide qradual transitions in buildinq heiqht
889 in areas in which such transitions are contemplated bv the
890 Pembroke SGA Plan.
891
892 Optional form of development: An increase in heiqht not exceedinq
893 that permitted by Section 202(b) or reduction in the minimum heiqht
894 to no less then twenty-two (22) feet is permitted for any buildinq
21
895 that substantially conforms to Chapter 3(Buildinqs) of the Central
896 Business Core District Desiqn Guidelines.
897
898 (5) Transparency/Blank Wall
899
900 Purpose: To contribute to an interestinq and safe pedestrian
901 environment.
902
903 Optional form of development: provide outdoor amenity space,
904 such as a courtyard outdoor cafe or water feature, adiacent to the
905 street or, for upper stories balconies and qalleries. Enhance
906 materials and architectural detail on building facades in substantial
907 conformity with applicable Central Business Core District Desiqn
908 Guidelines. Outdoor amenity space shall be in reasonable
909 proportion to the deqree of difference between the prescribed
910 transparency requirements and the actual transparency provided.
911
912 COMMENT
913 The section sets forth the development standards that may be altered by utilizing one or
914 more Optional Forms of Development (OFD), and states the requirements for each OFD.
915
916
917 Sec 2207 Special rules for public art as an Optional Form of Development.
918
919 (a) Definition Public art as used in this Article means works of art in any
920 media whether located on public or private property, that are visible to members of the
921 qeneral public or that have been planned and executed with the specific intention of
922 beinq sited or staqed on or within publiclv-owned property.
923
924 (b) Purpose. Public art is an investment in the cultural vitality and economic
925 development of a community. Sculptures murals and other forms of public art can
926 become place-makers landmarks and foster culturally dynamic, economically vibrant
927 communities by creatinq memorable urban places where people desire to live, work,
928 play and learn. For those reasons the provision of public art in lieu of conformitv with
929 one or more of the required forms of development prescribed in this Article accords with
930 the City Council's vision of the Town Center area as a future Arts and Cultural District,
931 the recommendations of the Pembroke SGA Plan, and advances the ultimate qoals of
932 the Comprehensive Plan.
933
22
934
935 (c) App
Development in licability. Public art may be utilized as an Optional Form of
place of conformity with one or more of the followinq provisions
936 reqardinq a prescribed development standard set forth in Section 2204:
937
938 (1) Build-to zone;
939
940 (2) Front or side street setbacks;
941
942 (3) Transparencv;
943
944 (4) Blank wall; or
945
946 (5) Outdoor amenity space.
947
948 (d) Location Subiect to the provisions of subsection (fl public art shall be
949 located:
950
951 (1) Outdoors so as to be readily visible and accessible to pedestrians,
952 and no further than fifty (50) feet from the nearest point on a public
953 sidewalk except under exceptional circumstances as approved by
954 the Public Art Committee;
955
956 (2) Awav from siqnaqe transit stop structures or benches, utility boxes,
957 utility poles mailboxes bicycle racks or other items, either on or off
958 the propertv that mav impair the public's view or diminish the
959 aesthetic value of the artwork;
960
961 (3) In such manner as not to interfere with or impede the flow of
962 pedestrian traffic on a public sidewalk; and
963
964 (4) On the same zoning lot as the development for which the artwork
965 serves as an Optional Form of Development and, to the extent
966 possible consistent with the foreqoinq criteria, in such location as to
967 maximize the degree to which the work of art offsets
968 noncompliance with the prescribed development standard.
969
970 (e) Public art provided as an Optional Form of Development shall serve as a
971 direct replacement for each prescribed development standard or standards from which
972 the subject development deviates and if located on the same zoninq lot as the subiect
973 development shall serve the same purpose or purposes as the prescribed development
974 standard.
23
975
976
977
(fl Public art located on publicly-owned property.
on publicly-owned property within the Pembroke Strateqic
Public art may be located
Growth Area, includinq,
978 without limitation p ublic streets and sidewalks Town Center qateways, street corners,
979 the Fountain Plaza the Sandler Center Plaza public parkinq qaraqes and future transit
980 stations with the a pproval of the City Council, provided that:
981
982 (1) There is no feasible location on the subiect property from which the
983 work of art can be plainly and wholly seen by the public;
984
985 (2) The present or any planned land use of the subiect property is such
986 that placement of a work of art in any media on the propertv would
987 be destructive to the work of art due to the activities related to the
988 land use;
989
990 (3) The propertv is already fully developed in such a way that there is
991 no location on the site for a work of art, and the work of art is
992 approved as an Optional Form for renovation of the buildinq
993 necessitatinq use of a blank wall or reduction in transparency; or
994
995 (4) The location of the work of art cannot physically meet the criteria
996 specified in subsection (d)(1);
997
998 (q) Approval bv Public Art Committee. Public art and anv alteration or
999 removal thereof, must be approved by the Public Art Committee of the Virqinia Beach
1000 Arts and Humanities Commission.
1001
1002 (h) Ownership maintenance contractual provisions. Except in cases in
1003 which public art is dedicated to the City, the ownership of public art works shall be
1004 bound in perpetuity bv written covenant approved by the Citv Attornev to the propertv
1005 for which they serve as an Optional Form of Development and unless otherwise
1006 approved bv the Citv shall be maintained by the owner of the property for which it
1007 serves as an Optional Form of Development Where a work of art is to be dedicated to
1008 the Citv there shall be a written aqreement between the City, the owner of the work of
1009 art and if applicable the artist which aqreement shall include at a minimum, terms
1010 regarding the ownership maintenance insurance and intellectual propertv riqhts
1011 pertaining to the work of artSuch aqreement shall be subiect to the approval of the
1012 City Council.
1013
1014 (i) Signaqe No lettering svmbols or siqnaqe shall be permitted upon
1015 public art works except as intended by the artist as an inteqral part of the work.
24
1016 Paintinqs or murals may be siqned by the artist and the name of the work displayed.
1017 For sculptures the artist shall desiqnate the plaque location which shall be permanently
1018 installed usinq theft-resistant techniques in a qround location near the sculpture or on
1019 the base and list only the sculpture's title the artist's name the date of installation an_d
1020 the name of the donor, if applicable.
1021
1022 Plantinp/landscapinq Sculptures and their bases shall be well inteqrated
1023 with the surroundinq softscape and hardscape. Lonq-term maintenance should be
1024 considered when selectinq plant material Native and drouqht-resistant plants are
1025 encouraqed.
1026
1027 (k) Unacceptable art Decorative or ornamental pieces that are not
1028 conceptualized desiqned and fabricated bv a qualified artist, such as "off-the-shelf'
1029 decorative items such as qarden sculpture? historical markers or bells; bell towers;
1030 obelisks? architectural ornamentation or enhancements;_art as advertisements or
1031 commercial siqnaqe mixed with imaqery; and busts or statuarv memorials, or mass
1032 produced reproductions or replicas of oriqinal works of art shall not be accepted as an
1033 Optional Form of Development.
1034
1035 (I) Arfists' qualifications Artists creatinq public artor supervisinq students
1036 creatinq public art shall be selected bv the property owner or developer, subiect to
1037 approval by the Public Art Committee and shall have the followinq qualifications:
1038
1039 (1) Artists shall be recoqnized bv critics and peers as a professional
1040 practitioner of the visual arts. To assess the qualifications of an
1041 artist the Committee will consider factors such as the artist's body
1042 of work educational backqround formal traininq, past and current
1043 larqe scale outdoor public art commissions, sales of work,
1044 exhibition records publications and any other factors the
1045 Committee reasonablv deems relevant;
1046
1047 (2) Artists shall also have experience in successfullx collaboratinq with
1048 desiqn teams architects art consultants developers, enqineers,
1049 fabricators and landscape architects: meetinq scheduled
1050 deadlines? negotiatinq and contracting their work responsibly; and
1051 conceptualizinq desiqninq fabricatinq and installinq larqe-scale
1052 outdoor sculpture similar in scope to the proposed sculpture; and
1053
1054 (3) Artists shall have the experience and expertise to create site
1055 specific public art after consideration of contextual issues related to
25
1056 the development site includinq architectural style the future use
1057 and users of the development project and community input.
1058
1059 (m) Applications Applications and supportinq materials shall be submitted to
1060 the Director of the Office of Cultural Affairs who shall provide the Arts and Humanities
1061 Commission members with copies thereof. The form of such application and
1062 requirements for supportinq materials shall be determined by the Director.
1063
1064 (n) Conflictinq provisions The procedures set forth in this section shall
1065 exclusively qovern the selection placement and other provisions pertaininq to public art
1066 as an Optional Form of Development such that in the event of a conflict with any other
1067 ordinance directive or other provision concerninq public art as an Optional Form of
1068 Development the provisions of this section shall control.
1069
1070 COMMENT
1071 The section allows public art to be used as an Optional Form of Development (OFD) as an
1072 alternative to conformity with certain of the Development Standards listed in Section 2204. Public
1073 art not used as an OFD is nol covered by the provisions of the section; only where public art is used
1074 as an OFll in place of conformity with a required development standard, such as setback, build-to,
1075 transparency, blank wall or outdoor amenity space requirements, is the section applicable.
1076
1077 The section includes, among other things:
1078
1079 • Restrictions on the location of artworks;
1080
1081 • Provisions for review and approval by the Public Art Committee of the Arts and
1082 Humanities Commission, and if located on publicly-owned property, by the City
1083 Council;
1084
1085 • Artist qualification criteria;
1086
1087 • Planting/landscaping and maintenance requirements;
1088
1089 • Commercialization prohibitions; and
1090
1091 • Originality and related requirements.
1092
1093
1094 Sec 2208. Nonconforminq buildinqs and structures,
1095
1096 (a) Notwithstandinq the provisions of Section 105(d), additions to or
1097 substantial alterations of anv buildingor other structure rendered nonconforminq by the
1098 adoption of this Article shall be allowed if:
1099
26
1100 (1) Not more than fiftv percent (50%) of the oriqinal buildinq or
1101 structure is demolished in order to accomplish the addition or
1102 substantial alteration;
1103
1104 (2) The exterior footprint of the buildinq or structure, includinq the floor
1105 plate of upper stories is not increased by more than fifteen percent
1106 15% ;
1107
1108 (3) The heiqht of such buildinq or structure is not increased bv more
1109 than fifteen percent (15%) in any district in which there is a
1110 maximum heiqht limitation? provided that no structure shall be
1111 hiqher than otherwise allowed by Section 202;
1112
1113 (d) The use or uses of the buildinq or structure conform to the
1114 provisions of this Article or are allowed by special exception for
1115 Alternative Compliance pursuant to Section 2205;
1116
1117 (5) The buildinq or structure as added to or substantially altered, will
1118 be compatible with surroundinq properties and neighborhoods? and
1119
1120 (6) The portions of the buildinq or structure that are added or
1121 substantially altered substantially conform to the Central Business
1122 Core District Desiqn Guidelines as determined by the Planninq
1123 Director after review and recommendation by the Central Business
1124 District Desiqn Review Committee.
1125
1126 (b) Except as provided in subsection (c) additions to or substantial alterations
1127 of nonconforminq buildinqs and other structures not allowed pursuant to subsection (a)
1128 shall require a special exception for Alternative Compliance in accordance with the
1129 provisions of Section 2207.
1130
1131 (c) Any nonconformincbuildinq or structure that is involuntarily damaqed or
1132 destroved mav be reconstructed or restored to its prior condition and location within two
1133 (2) years of its beinq damaqed or destroyed? provided that any enlarqement or
1134 substantial alteration of such buildinq shall be subject to the provisions of this section.
1135
1136 COMMENT
1137
1138 The section contains rules governing additions or substantial alterations to nonconforming
1139 buildings and other structures. The rules provide an exception to the provisions of City Zoning
1140 Ordinance Section 105, which requires approval of all voluntary enlargements, substantial
1141 alterations or reconstructions, by allowing a limited number of such actions as a matter of right, so
27
1142 long as certain criteria are met. As required by state law, nonconforming buildings and structures
1143 that are involuntarily damaged or destroyed may be rebuilt to their prior condition without City
1144 Council approval.
1145
1146
1147 C. SIGN REGULATIONS
1148
1149 Sec 2209 Intent; findinqs, establishment of special siqn district.
1150
1151 (a) Intent The intent of the sign requlations set forth in this section is to:
1152
1153 (1) Encouraqe siqnaqe that enhances the overall aesthetics of the
1154 Central Business Core District;
1155
1156 (2) Ensure that the public benefits derived from past and future
1157 expenditures of public funds for the infrastructure improvements
1158 and beautification of the streets and public spaces are protected by
1159 preventinq visual clutter caused by excessive or poorly placed
1160 si na e;
1161
1162 (3) Encouraqe siqnaqe that is reflective of the aesthetics and character
1163 of its location and compatible with and inteqrated into, the
1164 buildinq's architectural desiqn and with other siqns on the property;
1165
1166 (4) Provide incentives for hiqh-quality siqnaqe bv increasinq siqnaqe
1167 allowances for siqns that conform to the Central Business Core
1168 District Desiqn Guidelines; and
1169
1170 (5) Encourage creativitv by providing flexibilitv to utilize siqnaqe not
1171 only as a means of identifyinq a business establishment but as a
1172 decorative feature to enhance the appearance of a buildinq as well.
1173
1174 (b) Findinqs. The City Council finds that:
1175
1176 (1) Siqns have a strong visual impact on the character and quality of a
1177 community. They are an inteqral part of the cityscape and, as such,
1178 can enhance or detract from the City's imaqe and character. As a
1179 prominent part of the cityscape they can attract or repel the viewer,
1180 and affect the safetv of vehicular traffic, and their suitabilitv helps to
1181 define the way in which a community is perceived. Because the
1182 City of Virginia Beach relies on the attractiveness of the Town
1183 Center area to attract tourists and commerce, aesthetic
28
1184 considerations are directly related to economic value. Apart from
1185 economic considerations however, there are intanqible benefits for
1186 a community in which siqnaqe is orderly and attractive;
1187
1188 (2) The City's current siqn requlations address characteristics such as
1189 the size and number of siqns but qenerallv do not address other
1190 characteristics such as desiqn that are equally important in
1191 promotinq an attractive urban downtown area.
1192
1193 (3) Desiqn standards for siqnaqe are used in manv other localities that
1194 are known for their attractiveness and appeal to residents and
1195 visitors alike and have been well-accepted by both businesses and
1196 the qeneral public as a means of enhancinq the overall appearance
1197 and prosperity of the community; and
1198
1199 (4) Providinq incentives for businesses to display siqnaqe that
1200 conforms to voluntary desiqn quidelines is an appropriate means of
1201 encouraqinq those businesses to use well-desiqned, hiqhly
1202 attractive siqns that harmonize with the buildinqs on which thev are
1203 displayed the surroundinq neiqhborhood and other siqnaqe in the
1204 area.
1205
1206 (c) Establishment of special sipn district The Central Business Core District
1207 is herebv declared a special siqn district in which the provisions of this section apply.
1208
1209 COMMENT
1210
1211 The section sets forth the intent and findings underlying the sign regulations in this Article
1212 and declares the Central Business Core District a special sign district.
1213
1214 Sec 2210. Requlations applicable to all siqnaqe.
1215
1216 The followinq requlations shall applv to all siqnage within the Central Business
1217 Core District All signaqe shall comply with the provisions of Article 2, Part B of the Citv
1218 Zoninq Ordinance except as otherwise expressly provided in this section. Definitions of
1219 siqn types shall be as set forth in Section 210.2. In the event of a conflict between the
1220 provisions of this section and any other provision of the Citv Zoninq Ordinance, the
1221 provisions of this section shall apply.
1222
1223 (a) Permitted siqn tvpes The followinq sign types shall be permitted within
1224 the Central Business Core District:
29
1225
1226 (1) Awninq siqns shall be limited to one (1) siqn per awninq and shall
1227 not exceed a maximum of two (2) square feet in area. Awninq
1228 siqns conforminq to the Central Business District Desiqn Guidelines
1229 shall not be included in determininq the allowable siqnaqe of any
1230 establishment pursuant to subsection (b).
1231
1232 (2) Banner sipns other than those allowed in connection with maior
1233 entertainment venues shall be affixed only to a vertical facade of
1234 the buildinq and not on or extendinq above the roof. No banner
1235 siqn shall exceed eiqht (8) square feet in area or be hiqher than
1236 fifteen (15) feet above street level directly below such siqn. The
1237 lonqer dimension of the siqn shall be no less than two times the
1238 shorter dimension One (1) such siqn shall be allowed for every
1239 twenty-five (25) linear feet of frontaqe of the buildinq to which they
1240 are affixed.
1241
1242 (3) Buildinq identification siqns shall be mounted at least three-fourths
1243 (3/4) of the distance from qround level to the top of the buildinq, but
1244 no hiqher than the roofline. Commercial buildinqs shall have a
1245 maximum of two (2) buildinq identification siqns which shall not
1246 exceed the area set forth below. Additionally, two (2) buildinq
1247 identification signs not exceedinq twentv (20) square feet each,
1248 mav be allowed at street level.
1249
1250 Bldq Heiqht (in feet) Maximum area per siqn (in square feet)
1251
1252 Less than 75 75
1253 75-99 100
1254 100-149 125
1255 150-199 175
1256 200-249 225
1257 250-299 275
1258 300 or more 300
1259
1260
1261 (4) Chanqeable copv signs shall only be allowed for purposes of
1262 displayinq information re qardinq movie theater, music, or other
1263 similar performances or events where the chanqeable copv portion
1264 of such signs is not qreater than 40% of the total area of the siqn or
1265 20% of the total siqn area allowance of an establishment,
30
1266 whichever is less. Skewed or missinq letterinq shall be promptly
1267 replaced.
1268
1269 (5) Electronic display si.qns, rope liqhtinq, low-voltaqe strip liqhtinq or
1270 strinqs of liqhts shall be allowed only for malor entertainment
1271 venues and shall require the approval of the City Council.
1272
1273 (6) Freestandinq signs shall be monument-stvle only and shall be
1274 allowed onlv by special exception for Alternative Compliance and
1275 onlv if the City Council determines that such signs conform to the
1276 apalicable Central Business Core District Desian Guidelines.
1277
1278 (7) Hanqinq siqns shall have a maximum of two (2) faces, which shall
1279 be parallel to each other, and shall not exceed six (6) square feet
1280 per face in sign area. In addition, no business establishment shall
1281 have more than one (1) hanqinq siqn, and no business
1282 establishment havinq a hanqinq siqn shall also have a projectinq
1283 siqn. No hanqinq siqn shall be internally illuminated or horizontally
1284 prolect over any public sidewalk by more than three (3) feet.
1285 Hanqinq siqns shall maintain a minimum clearance of eiqht (8) feet
1286 above qround level. Any hanqinq siqn that prolects over a public
1287 sidewalk shall conform to all applicable Central Business Core
1288 District Desian Guidelines.
1289
1290 (8) Information board signs shall be placed within a weather-resistant
1291 closed display cabinet no greater than eiqht (8) square feet in area,
1292 permanently mounted to the buildinq wall. The maximum heiqht of
1293 the lettering on such signs shall not exceed one (1) inch, except for
1294 lettering comprising the name of the establishment. Information
1295 board signs conforming to the Central Business Core District
1296 Design Guidelines shall not be included in determininq the
1297 allowable signage of any establishment pursuant to subsection (b).
1298
1299 (9) Maior entertainment venue siqns shall be permitted in accordance
1300 with the provisions of Section 218.
1301
1302 (10) Marpuee siqns shall be allowed only on buildings occupied by
1303 theaters, cinemas, performinq arts facilities or similar venues, and
1304 shall have a maximum area of one (1) square foot for each five (5)
1305 linear feet of buildinq faQade to which it is attached. The top of
1306 the sian shall be at a heiaht no areater than eiahteen (18) feet
31
1307 above the qround immediately adlacent to the siqn and there shall
1308 be a minimum clearance of nine (9) feet above qround level. In
1309 addition such siqns mav contain one (1) chanqeable copy siqn
1310 displayinq information reqardinq movie theater, music, or other
1311 similar perFormances or events not to be included in the
1312 establishment's total siqn allowance so lonq as such siqn does not
1313 contain any other commercial content. Marquee siqns may
1314 encroach above a public sidewalk by a maximum horizontal
1315 distance of ten (10) feet if such marquee conforms to the Central
1316 Business Core District Desiqn Guidelines.
1317
1318 (11) Public or private parkinq structures and parkinq qara.qes may have
1319 one (1) siqn per vehicle entrance and two (2) additional siqns, all of
1320 which mav be proiect from the buildinq to which they are affixed bv
1321 a maximum of four (4) feet Such siqns shall maintain a minimum
1322 clearance of nine (9) feet above qround level. Such siqns shall be
1323 no larqer than seventy-five (75) square feet in area contain only
1324 information identifyinq the buildinq on which they are located as a
1325 parkinq structure or qaraqe and be internally illuminated.
1326
1327 (12) Proiecting siqns shall have a maximum of two (2) faces, which shall
1328 be parallel to each other, and shall not exceed six (6) square feet
1329 per face in siqn area No proiectinq siqn shall be internallv
1330 illuminated or, except for parking qarage siqns proiect more than
1331 three (3) feet from the wall to which it is affixed. Such siqns shall
1332 maintain a minimum clearance of nine (9) feet above qround level.
1333 No business establishment shall have more than one (1) proiectinq
1334 siqn and no business establishment havinq a prolectinq siqn shall
1335 also have a hanqinq siqn Any proiectinq siqn that proiects over a
1336 public sidewalk shall conform to all applicable Central Business
1337 Core District Desiqn Guidelines.
1338
1339 (13) Sandwich board sipns shall be made primarilv of wood, wood
1340 composite or metal and have a professional finish. Incorporated
1341 inserts must contain a fixed messaqe or be made out of
1342 chalkboard dry eraser board or similar material. Such siqns shall
1343 be placed no farther than three (3) feet from the fa(;ade of the
1344 buildinq in which the business that is the subiect of the siqn is
1345 located and a travel width of at least eiqht (8) feet shall be
1346 maintained on public sidewalks Such siqns shall not be artificially
1347 illuminated or left out overniqht Only one sandwich board siqn not
32
1348 to exceed six square feet per side shall be permitted per business.
1349 No merchandise or other material shall be placed on or hanq from
1350 any such siqn Such siqns mav be carried by a person on a public
1351 sidewalk so lonq as such siqn does not obstruct or impede
1352 pedestrian passaqe Sandwich board siqns conforminq to the
1353 Central Business District Desiqn Guidelines shall not be included in
1354 determininq the allowable siqnaqe of any establishment pursuant to
1355 subsection (b).
1356
1357 (14) Siqns advertisinq property for sale lease or rent shall be permitted;
1358 provided however that no such siqn shall exceed four (4) square
1359 feet in surface area Not more than two (2) such siqns shall be
1360 permitted for any property havinq more than one hundred (100)
1361 feet of lot line at the street riqht-of-wav and anV property havinq
1362 less than one hundred (100) feet of such lot line shall have no more
1363 than one siqn not exceedinq sixteen (16) feet of surFace area.
1364
1365 (15) Table umbrella siqns shall be limited to no more than two (2) siqns
1366 on each umbrella and no more than two (2) square feet per siqn.
1367 Table umbrella siqns conforminq to the Central Business Core
1368 District Desiqn Guidelines shall not be included in determininq the
1369 allowable siqnaqe of any establishment pursuant to subsection (b).
1370
1371 (16) Wall siqns shall not extend above the buildinq wall to which thev
1372 are affixed and no wall siqn shall extend more than twelve (12)
1373 inches from the wall to which thev are affixed.
1374
1375 (17) Window sipns shall not consist of or contain oscillatinq liqhts, rope
1376 liqhtinq low-voltaqe strip liqhtinq electronic displav siqns,
1377 televisions computer monitors or backlit or internally illuminated
1378 displays or graphics: provided however, that holidav liqhts framinq
1379 or placed inside windows shall be allowed for a period of thirtv (30)
1380 davs prior to and ten (10) days after a holidav for which the display
1381 of such liqhts is traditional One (1) non-oscillatinq neon or similar
1382 type of siqn no larqer than four (4) square feet in area shall be
1383 permitted in one (1) window of each faQade visible from a public
1384 street or sidewalk.
1385
1386 (b) Siqnaqe allowances The requlations set forth in this subsection prescribe
1387 the number of siq ns total siqn area allowance and other characteristics of siqnaqe
1388 within the District Unless otherwise provided the allowances apply to each separate
33
1389 business establishment In the event of a conflict between any of the followinq
1390 provisions and the provisions of subsection (a) the provisions of this section control
1391 unless stated otherwise.
1392
1393 (1) Mixed-use buildinps Commercial business establishments located
1394 within mixed-use buildinqs and havinq direct inqress or eclress from
1395 a public street may have a maximum of one (1) square foot of
1396 siqnaqe per linear foot of each buildinq wall facinq a public street
1397 and occupied by such establishment and a maximum of four (4)
1398 siqns No such siqn shall exceed sixty (60) square feet in area and
1399 no sinqle use shall have more than two (2) siqns on any buildinq
1400 farade.
1401
1402 In addition one (1) siqn identifyinq the entrance to upper-floor
1403 residential dwellinq units and not exceedinq eiqht (8) square feet
1404 shall be permitted at street level at each principal entrance.
1405
1406 (2) Other buildinps In addition to buildinq identification siqns allowed
1407 by Section (a)(3) commercial business establishments located
1408 within buildinqs other than mixed-use buildinqs and havinq direct
1409 inqress or egress from a public street or sidewalk may have a
1410 maximum of one (1) square foot of siqnaqe per linear foot of each
1411 buildinq wall occupied by such establishment and facinq a public
1412 street Such establishment mav have a maximum of one (1) siqn
1413 for each buildinq farade facing a public street.
1414
1415 Additionallv where a commercial buildinq is located on a zoninq lot
,
1416 with a parkinq structure that is used to satisfy, in whole or in part
1417 the vehicular parkinq requirements of the commercial buildinq, such
1418 commercial building may have one (1) wall siqn with a maximum
1419 area equal to one (1) square foot of siqnaqe per linear foot of the
1420 building wall on which the siqn is located for each buildinq fagade
1421 facinq a public street and one (1) wall siqn located on the parkinq
1422 structure serving the commercial building with a maximum area no
1423 qreater than one (1) square foot of siqnage per linear foot of the
1424 buildinq wall of the parkinq structure on which the siqn is located.
1425
1426 Multiple-family dwellinqs mav have a total of one (1) square foot of
1427 siqnaqe per linear foot and a maximum of finro (2) siqns for each
1428 buildinq farade facing a public street.
1429
34
1430
1431
1432
1433
1434
1435
1436
1437
1438
1439
1440
1441
1442
1443
1444
1445
1446
1447
1448
1449
1450
1451
1452
(c) Central Business Core District Desiqn Guidelines? Bonus Siqnaqe.
1 Siqnaqe conforminq to the Central Business Core District Desiqn
Guidelines ("Desiqn Guidelines") shall be sublect to the followinq
provisions:
2 Where all siqnaqe displaved bv an establishment conforms to the
Desiqn Guidelines the maximum siqn area of each individual siqn
and the total siqn area allowance of the establishment, if any, is
increased by twenty-five per cent (25%) of the area otherwise
allowed bv this section Any establishment that is entitled to three
or more siqns may also have one additional "bonus" siqn of an
allowed siqn type other than a prolectinq siqn which siqn shall
conform to the Desiqn Guidelines and all applicable provisions of
this sectiom provided however, that the total siqn area of all
siqnaqe shall not be further increased bv reason of the "bonus"
siqn.
3 All siqns that are allowed to encroach into or over a public street or
sidewalk shall conform to the Desiqn Guidelines, unless otherwise
authorized bv resolution of the Citv Council pursuant to City Code
Section 33.1-114.
1453 4 The Planninq Director shall determine whether or not siqnaqe
1454 conforms to the Desiqn Guidelines and mav in makinq such
1455 determination seek the advice of the Central Business District
1456 Association Desiqn Review Committee or a desiqnated
1457 subcommittee thereof.
1458
1459 COMMENT
1460
1461 The section sets forth the sign regulations applicable to the Central Business Core District.
1462 They are based upon the sign regulations currently in effect in the B-3A Pembroke Central
1463 Business Core District, but also incorporate newer features contained in the sign regulations of the
1464 Oceanfront Resort llistrict Form-Based Code (ORDFBC), such as allowing signage generally found
1465 in urban locations, such as projecting signs, sandwich board signs, banners and marquee signs. As
1466 in the ORDFBC, bonus signage is allowed if all of an establishment's signage conforms to the
1467 applicable Design Guidelines, which are set forth in Section 2211 below.
1468
1469
35
1470 D. DESIGN GUIDELINES.
1471
1472 Sec 2211 Central Business Core District Desiqn Guidelines.
1473
1474 The Central Business Core District Desiqn Guidelines (January 2014) appended
1475 hereto are hereby incorporated by reference into this Article. Such Guidelines shall
1476 supersede Section V(Architectural Guidelines) and Sections VII throuqh X(Siqnaqe
1477 Guidelines/Desiqn Review Process) of the Central Business District Urban Guidelines
1478 (February 4 2004) and the Special Area Desiqn Guidelines Urban Areas, set forth in
1479 the Reference Handbook of the Comprehensive Plan.
1480
1481 COMMENT
1482
1483 The Central Business Core District Design Guidelines set forth generally voluntary design
1484 guidelines. They are appended to this ordinance. These Guidelines supersede the current guidelines
1485 referenced in the section.
1486
1487 E. VEHICULAR PARKING REGULATIONS.
1488
1489 Sec. 2213 Off-street parkinq.
1490
1491 (a) For purposes of this section the term "parkinq requirements" shall mean
1492 the number of off-street vehicular parking spaces required bv this section.
1493
1494 (b) Parkinq requirements shall be determined in accordance with a parkinq
1495 analysis prepared by a licensed professional engineer or other qualified professional.
1496 Such analysis shall contain at a minimum the current parkinq utilization, parkinq
1497 demands based upon current land uses a determination of a surplus or shortaqe of
1498 parkinq and the impact of the proposed development on parkinq and traffic conditions.
1499 The Planninq Director shall determine the adequacv of the analysis.
1500
1501 (c) Notwithstandinq anythinq in this ordinance to the contrary, required off-
1502 street parkinq for any use located within the District mav be made available for use bv
1503 the general public as well as by the customers or aatrons of such use.
1504
1505 (d) Parkinq requirements for uses within the District may be satisfied by any
1506 one or a combination of, the followinq:
1507
1508 (1) On-site parkinq;
1509
36
1510
1511
1512
1513
1514
1515
1516
1517
1518
1519
1520
1521
1522
1523
1524
1525
1526
1527
1528
1529
1530
1531
1532
1533
1534
1535
1536
1537
1538
1539
1540
1541
1542
1543
1544
1545
1546
(2) Off-site parkinq facilities as set forth in Section 901 of this
ordinance; or
(3) Public parkinq if the Planninq Director determines (i) that there is at
least a sufficient number of public parkinq spaces located within the
District to meet public parkinq demands; and (ii) that the use of
such public parkinq spaces to satisfy the parkinq requirements of
the proposed use either wholly or partially is warranted in liqht of
the followinq considerations:
A The extent to which the proposed use advances the qoals
and obiectives of this Article; and
B The extent to which the proposed use conforms to the Urban
Desiqn Plan component of the Pembroke Strateqic Growth
Area Plan.
COMMENT
The parking regulations set forth in this section are substantially the same as those in the
current B-3A Pembroke Central Business Core District, with the exception of a provision
concerning projected revenues from the use.
Adopted by the City Council of the City of Virginia Beach on the day
of . , 2014.
Approved as to Content:
Planning Department
CA-12463
R-29
November 5, 2013
Approved as to Legal Sufficiency:
. ?
.
City Attorney's Office
37
AN ORDINANCE TO ADD, AMEND AND REORDAIN, REPEAL
OR RENUMBER THE FOLLOWING SECTIONS OF THE CITY
ZONING ORDINANCE SO AS TO CONFORM TO THE
PROVISIONS OF ARTICLE 22 (ESTABLISHING THE CBC
CENTRAL BUSINESS CORE DISTRICT AND SETTING FORTH
THE REGULATIONS PERTAINING TO SUCH DISTRICT), AS
FOLLOWS:
SECTIONS AMENDED AND REORDAINED:
102 (ZONING DISTRICTS)
105 (NONCONFORMITY)
107.1 (ALTERNATIVE COMPLIANCE)
111 (DEFINITIONS)
201 (YARDS)
203 (OFF-STREET PARKING REQUIREMENTS)
208 (PORTABLE STORAGE CONTAINERS)
210 (SIGN REGULATIONS - GENERAL)
210.2 (SIGNS - DEFINITIONS)
212 (PROHIBITED SIGNS)
239.05 (PARKING STRUCTURES AND PARKING GARAGES)
244 (RETAIL DESIGN GUIDELINES - APPLICABILITY,
RULES OF CONSTRUCTION, MODIFICATIONS)
900 (BUSINESS DISTRICTS - LEGISLATIVE INTENT)
901 (BUSINESS DISTRICTS - USE REGULATIONS)
902 (BUSINESS DISTRICTS - DIMENSIONAL
REQUIREMENTS)
903 (BUSINESS DISTRICTS - LANDSCAPE SCREENING
AND BUFFERING REGULATIONS)
904 (BUSINESS DISTRICTS - HEIGHT REGULATIONS)
905 (BUSINESS DISTRICTS - SIGN REGULATIONS)
1001 (INDUSTRIAL DISTRICTS - USE REGULATIONS)
1803 (SPECIAL REGULATIONS IN AIR INSTALLATIONS
COMPATIBLE USE ZONES - APPLICABILITY)
SECTIONS ADDED:
218 (MAJOR ENTERTAINMENT VENUE SIGNS)
228.1 (CAR WASH FACILITES)
SECTIONS RENUMBERED:
230 (RELIGIOUS USES) (RENUMBERED TO SECTION
240.1)
45
46
47
48
49
50
51
52
53
54
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233.1 (BARS OR NIGHTCLUBS) (RENUMBERED TO
SECTION 225.01)
SECTIONS REPEALED:
233.01 (MULTIPLE-FAMILY DWELLINGS IN THE B-3A
PEMBROKE CENTRAL BUSINESS CORE DISTRICT)
WHEREAS, the public necessity, convenience, general welfare and good zoning
practice so require;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That Sections 102, 105, 107.1, 111, 201, 203, 208, 210, 210.2, 212, 239.05, 244,
900, 901, 902, 903, 904, 905, 1001 and 1803 of the City Zoning Ordinance are hereby
amended and reordained; Sections 218 and 228.1 of the City Zoning Ordinance are
hereby added; Sections 230 and 233.1 of the City Zoning Ordinance are hereby
renumbered, and Section 233.01 of the City Zoning Ordinance is hereby repealed, to
read as follows:
ARTICLE 1. GENERAL PROVISIONS.
Sec. 102. Establishment of districts and official zoning maps.
(a) In order to carry out the purposes and provisions of this ordinance, the
following districts are hereby established the numbered cateqories of which a-Rd are
hereby listed in order from most restrictive to least restrictive:
(7) Business Districts. Business Districts shall consist of:
B-1 Neighborhood Business District
B-1A Limited Community Business District
B-2 Community Business District
B-3 Central Business District
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B-4 Mixed Use District
B-4C Central Business Mixed Use District
B-4K Historic Kempsville Area Mixed Use District
(13) F^rased Districts Implementinq Strateqic Growth Area Plans.
The #orm-based districts intended to implement Strateqic Growth Area Plans shall
consist of:
(1) OR Oceanfront Resort District; and
(2) CBC Central Business Core District
COMMENT
The amendments reflect that: (1) the new Central Business Core District, as well as future
zoning districts that are intended to implement Strategic Growth Area Plans, will not necessarily be
form-based; and (2) that the new CBC Central Business Core District replaces Yhe current B-3A
Pembroke Central Business District in its entirety. In addition, the amendments to subsection (a)
make it clear that, while the general categorics of zoning district are listed in order from most
restrictive to least restrictive, the specific districts within each category are not necessarily listed as
such.
Sec. 105. Nonconformity.
(d)
(1) Enlargement or extension of nonconformity. No nonconforming use
shall be increased in magnitude. No nonconforming use shall be
enlarged or extended to cover a greater land area than was
occupied by the nonconformity on the effective date of this
ordinance or amendment thereto. No nonconforming use shall be
moved in whole or in part to any other portion of the lot, parcel, or
structure not occupied by the nonconformity on the effective date of
this ordinance or amendment thereto, and no nonconforming
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structure shall be moved at aii except to come into compliance with
the terms of this ordinance. No nonconforming structure shall be
enlarged, extended, reconstructed, or structurally altered, if the
effect is to increase the nonconformity. As an exception to the
above, any condition of development prohibited by this section may
be permitted by resolution of the city council based upon its finding
that the proposed condition is equally appropriate or more
appropriate to the district than is the existing nonconformity city
council may attach such conditions and safeguards to its approval
as it deems necessary to fulfill the purposes of this ordinance.
Applications for the enlargement, extension or relocation of a
nonconforming use or structure shall be filed with the planning
director. The application shall be accompanied by a fee of five
hundred dollars ($500.00) to cover the cost of processing the
application. Notice shall be given as provided by Section 15.2-2204
of the Code of Virginia; provided, however, that written notice as
prescribed therein shall be given at least fifteen (15) days prior to
the hearing. The cost of the public notices required by Section 15.2-
2204 of the Code of Virginia shall be charged to the applicant. A
sign shall be posted on the site in accordance with the
requirements of section 108 of this ordinance.
(2) T-he eR{argement Additions to, or substantial alterations ef
reGE)RStFUGfiGR of, nonconforming structures located in any-#effn-
based a zoninq district intended to implement a Strateqic Growth
Area Plan shall be permitted epAy either in accordance with the
regulations of such district or of this section. No nonconforming
use located in any form-based district may be converted to any
other use except as allowed pursuant to the regulations of such
district.
COMMENT
'I'he amendment provides that additions to or substantial alterations of nonconforming
structures in zoning districts intended to implement an SGA Plans shall be allowed under either
this section or the applicable regulations of the particular zoning district in which the structure lies.
4
164 Sec. 107.1. Alternative compliance in #erm-ba?^?'??-`tG. certain eiistricts.
165
166 To the extent provided by the regulations of any
167 zonin district
168 listed in Section 102(a)(13):
169
170 (a) The city council may grant special exceptions in accordance with the alternative
171 compliance provisions of the district to allow the development of new uses or structures,
172 or additions to or alterations of existing structures, that do not conform to the uses or
173 #er-rns-e? development standards otherwise permitted or required under the applicable
174 district regulations.
175
176 (b) The fee for applications for special exceptions pursuant to this section shall be in
177 the amount of four hundred ($400.00).
178
179 COMMF.NT
180
181 The amendments reflect the fact that the new Central Business Core llistrict, as well as
182 future zoning districYs that are intended to implement Strategic Growth Area Plans, are not limited
183 to form-based or overlay districts. The amendments to subsection (a) are technical and in nature
184 and have no substantive effecY.
185
186 ....
187
188 Sec.111. Definitions.
189
190 For the purpose of this ordinance, words used in the present tense shall include
191 the future; words used in the singular number include the plural and the plural the
192 singular; the use of any gender shall be applicable to all genders; the word "shall" is
193 mandatory; the word "may" is permissive; the word "land" includes only the area
194 described as being above mean sea level; and the word "person" includes an individual,
195 a partnership, association, or corporation.
196
197 In addition, the following terms shall be defined as herein indicated; provided that in the
198 event a term defined in this section is defined differently in the regulations of any form-
199 based district, the latter definition shall control if the property to which the definition
200 applies is located in the form-based district:
201
202 Automobile repair establishment . A building or
203 portion thereof, designed or used for servicing of automotive or other motorized vehicles
204 where repair services are limited to the following and no motor vehicle fuel is dispensed:
5
205
206 (a) Adjusting and repairing brakes;
207
208 (b) Emergency wiring repairs;
209
210 (c) Greasing, lubrication and oil change;
211
212 (d) Motor adjustments not involving removal of the head or crankcase;
213
214 (e) Providing and repairing fuel pumps and lines;
215
216
(f)
Radiator cleaning and flushing; provision of water, antifreeze and other
217 additives;
218
219
(g)
Replacement or adjustment of minor automobile accessories, to include
220 mirrors, windshield wipers and the like;
221
222 (h) Servicing of non-motorized bicycles;
223
224
(i)
Sale and servicing of spark plugs, batteries, and distributors and distributor
225 parts;
226
227 (j) Servicing and repair of carburetors;
228
229 (k) Servicing, repair and sales of mufflers and exhaust systems;
230
231 (I) Tire sales, servicing and repair, but not recapping or regrooving;
232
233
(m)
Washing and polishing, and sate of automotive washing and polishing
234 materials.
235
236 Uses permissible at an automobile repair establishment do not include body work,
237 straightening of frames or body parts, steam cleaning, painting, storage of automobiles
238 not in ope rating condition nor the operation of a commercial garage as an accessory
239 use.
240
241 Automobile service station Any establishment at which motor vehicle fuel is
242 dispensed at retail Such establishments may provide some or all of the services
243 provided b y an automobile repair establishment.
244
245 ... .
246
247 Major entertainment venue An establishment located within a Strateaic Growth
248 Area on any zoninq lot of one and one-half (1-1/2) acres or more in area and havinq
6
249 more than three hundred (300) feet of continuous street frontaqe on a public street or
250 streets the principal use of which is to provide entertainment consistinq of sporting
251 events whether participatory or spectator, live theatre presentations or concerts,
252 conventions trade shows rides or other attractions typically found in amusement parks,
253 or similar types of entertainment.
254
255 ....
256
257 Outdoor amenity space An outdoor area of an establishment that: (1) serves as
258 an amenity for occupants of the establishment or members of the public or (2) consists
259 of qreen space such as qardens (includinq roof qardens) landscapinq beds or other
260 veqetated and maintained areas Examples of outdoor amenity space include, but are
261 not limited to courtyards fountains plazas cafes and qardens but do not include
262 outdoor display areas.
263
264 ....
265
266 -basegpe. AR imag;Rary ibne,
267
268 ,
269 270
271 ....
272
273 Zoning lot. A lot or any portion thereof, or contiguous lots ^f +ho amo under
274 common ownership within a single zoning district, which are to be used, developed or
275 built upon as a unit. For the purpose of this definition, lots of the same ownership
276 separated solely by an alley of no more than twenty (20) feet in width and by a distance
277 not exceeding the width of the alley shall be considered contiguous. In a Strateqic
278 Growth Area zoninq lots may include lots containinq parkinq structures not under
279 common ownership with the other lots provided that such parkinq structures are utilized
280 to satisfy, in whole or in part the vehicular parkinq requirements of one or more of the
281 uses on the zoninq lot and the property is developed in such manner that the uses,
282 includinq the parkinq structures are functionally inteqrated bv means such as, but not
283 limited to pedestrian connections similar buildinq materials and architecture and
284 similarly styled siqnaqe Such siqns shall conform to the Central Business Core District
285 Siqn Desiqn Guidelines.
286
287 COMMEN'T
288
2$9 The amendments:
7
290
291 (1) Differentiate between the terms "automobile repair establishment' and "automobile
292 service establishment or "automobile service station";
293
294 (2) Add a definition of the term "major entertainment venue";
295
296 (3) Add a definition of "outdoor amenity space";
297
29$ (4) Delete the detinition of "setback baseline," as the term is not used in the new
299 Central Business Core DisYrict regulations; and
300
301 (5) Update the definition of the term "zoning lot" to reflect common forms oi'
302 development in urban areas, in which a parking structure serving one or more
303 establishments is under separate ownership from Yhose establishments
304 notwithstanding that the parking structure and the establishments it serves are
305 developed as an integrated whole.
306
307
308 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE
309 TO ALL DISTRICTS
310
311 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET
312 PARKING AND OFF-STREET LOADING
313 ....
314
315 Sec.201. Yards.
316
317 (a) General. All required yards shall be unobstructed by any structure or
318 other improvement which exceeds sixteen (16) inches in height as measured from
319 ground elevation; provided, however, the following improvements may be located in a
320 yard:
321
322 ....
323
324 (9) Encroachments into required setbacks allowed by, and subject to, the provisions
325 of a zoninq district listed in Section
326 102 a 13 .
327
328 COMMENT
329
330 The amendments broaden the provisions of this section to include any zoning district
331 intended to implement the provisions of a Strategic Growth Area Plan. To date, such districts
332 include the Oceanfront Resort District and the new Central Business Core District.
333
8
334 ....
335
336 Sec. 203. Off-street parking requirements.
337
338 (g) Parking requirements in the
339 8-4C Central Business Mixed Use Districts.
340 this O , ,
341
342 prefessoenal . SUGh aRalysis shall GGRtaiR, at a MiRiMUM,
343 utilization, ,
344 m , '
345 m. Within the B-4C Central Business
346 Mixed Use District, there shall be provided for nonresidential uses, except hotels and
347 uses accessory to hotels, no fewer than three (3) spaces per one thousand (1,000)
348 square feet of gross floor area, and for residential uses no fewer than one and seven-
349 tenths (1.7) spaces per dwelling unit. Parking requirements for hotels and uses
350 accessory to hotels shall be as specified in subsection (a).
351
352 (h) Same; shared parking. Notwithstanding anything in this ordinance to the
353 contrary, required off-street parking for any use located on property within the B-3A
354 P---embroar Ce?n+r.,?:-Business-r4re n,6+r,G+ „r g_4C Central Business Mixed Use District
355 may be made available for use by the general public as well as by the customers or
356 patrons of such use; provided, however, that i- t"° R^G G°^+r^' R„ ;no s nn,.,od Us
357 D+s#+Et, no parking space shall be used to satisfy the parking requirement of more than
358 one (1) establishment. The required number and dimensions of parking spaces shall be
359 as specified in this section.
360
361 (i) Publis Required parking in the
362 B-4C Central Business Mixed Use Districts. Parking requirements for uses within the B-
363 B-4C Central Business Mixed Use
364 District may be satisfied by any one, or a combination of, the following:
365
366 (1) On-site parking;
367
368 (2) Off-site parking facilities, as set forth in section 901 of this ordinance; or
369
370 (3) Public parking, if the Planning Director determines (i) that there is at least
371 a sufficient number of public parking spaces located within the same
372 development phase of the District as the proposed use to meet public
373 parking demands; (ii) that for uses in the B-4C Central Business Mixed
9
374 Use District, such public parking spaces are not used to satisfy the parking
375 requirements of any other use, and (iii) that the use of such public parking
376 spaces to satisfy the parking requirements of the proposed use, either
377 wholly or partially, is warranted in light of the following considerations:
378
379 A. The extent to which the proposed use advances the goals and
380 objectives of the
381 B-4C Central Business Mixed Use District, +"° ^a..° may ".-, as
382 stated in section 900 of the City Zoning Ordinance;
383
384 B. The extent to which the proposed use conforms to the UrbaR
385
386
387 ,
388 . ,
389 the Mixed Use Development Guidelines; and
390
391 C. The amount of the projected tax revenue to be generated by the
392 proposed use and improvements.
393
394 (j) Any regulation pertaining to vehicular parking in a#orm --based zonin
395 district listed in section 102(a)(13) d-i-s#rist that conflicts with a provision of this section
396 shall be deemed to control to the extent of such conflict.
397
398 For purposes of this section, the term "parking requirements" shall mean the number of
399 off-street vehicular parking spaces required by this section.
400
401 COMMENT
402
403 The amendments delete the provisions of this section that apply in the 13-3A Pembroke
404 Central Business Core District, as the new Central Business Core District regulations contain
405 equivalent provisions. The amendments in subsection (j) broaden the remaining provisions of this
406 section to inclade aoy zoning district intended to implement the provisions of a Strategic Growth
407 Area Plan. To date, such districts include the Oceanfront Resort District and the new Central
408 Business Core llistrict.
409
410 ....
411
412
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Sec. 208. Portable storage containers.
Portable storage containers located outside of an enclosed building or structure shall be
allowed only as specified in this section and subject to the following regulations:
(d) Hotel, Office, and RT-1 Resort Tourist,-
Districts; Strateqic Growfh Areas. In the Hotel, Office; and RT-1 Resort Tourist aRd--9R
Districts and districts listed in section 102(a)131, portable storage
containers shall be allowed as follows:
(1) When used in connection with bona fide construction activity on the
site and for an additional period of twenty-four (24) hours before
and after such activity, portable storage containers shall be allowed
without limitation as to the number of portable storage containers;
and
(2) Portable storage containers shall be allowed for a period not
exceeding sixteen (16) days when used in connection with the
moving or relocation of a commercial establishment located, or to
be located, on the site.
COMMENT
The amendments broaden the provisions of this section to include any zoning district
intended to implement the provisions of a Strategic Growth Area Plan. To date, such districts
include the Oceanfront Resort District and the new Central Business Core District.
B. SIGN REGULATIONS.
Sec. 210. General regulations.
(a) The regulations set forth in this part shall apply to signs in all zoning
districts, including #eFm-ba-sed zoning districts listed in Section 102(a)(13).
11
452 COMMENT
453
454 The amendments broaden the provisions of this section to include any zoning district
455 intended to implement the provisions of a Strategic Growth Area Plan. To date, such districts
456 include the Oceanfront Resort District and the new Central Business Core District.
457
458 ....
459
460 Sec.210.2. Definitions.
461
462 The following definitions shall apply to all regulations pertaining to signs in this
463 Ordinance, including regulations governing signs in #nrrn hase? zoning districts listed in
464 Section 102(a)(13):
465 ....
466
467 Building .
468 .
469 ....
470 COMMENT
471 '1'he amendments broaden the provisions of this section to include any zoning district
472 intended to implement the provisions of a Strategic Growth Area Plan. To date, such districts
473 include the Oceanfront Resort Distriet and the new Central Business Core llistrict. In addition, the
474 definition of "bailding frontage" is deleted as annecessary.
475 ....
476 Sec. 212. Prohibited signs.
477
478 The following signs shall be prohibited:
479 ....
480 (c) Signs in any public right-of-way, except as provided in section 211(a) or
481 section 211(k), or as allowed in any #Fm based zoning district listed in Section
482 102 a 13 or Arts and Cultural District.
483 ....
12
484 (I) Signs in violation of section 33-114.1 of this Code, except for signs that
485 are allowed to encroach into the public right-of-way under the applicable regulations of
486 any #nrra--ha-se? zoning district listed in Section 102(a)(13) or Arts and Cultural District.
487
488 COMMENI'
489 The amendrnents broaden the provisions of this section to include any zoning district intended to
490 implement the provisions of a Strategic Growth Area Plan. To date, such districts include the
491 Oceanfront Resort District and the new Central Business Core District.
492 ....
493 Sec. 218. Major entertainment venue signs.
494 Siqnaqe for maior entertainment venues other than siqnaae otherwise allowed,
495 shall be allowed only with the approval of the City Council and shall be subject to the
496 Followinq requirements:
497
498 (a) An application for such siqnaqe shall be submitted to the Planninq Director
499 by the property owner, contract purchaser with the written consent of the property
500 owner, or the duly authorized aqent for the property owner. Applications shall include a
501 fee in the amount of Eiqht Hundred Dollars ($800 00) and the required plan as
502 described in subsection (b) alonq with any other information required by the Planninq
503 Director. Applications shall be heard by the Planninq Commission and the Citv Council
504 in accordance with the procedures prescribed in subsections (d) and (e) of Section 221
505 of the City Zoning Ordinance.
506
507 (b) The siqn plan shall show, in the form and manner specified bv the
508 Planninq Director, the type location setback size dimensions and heiqht of all siqns,
509 and anV other characteristics of or information pertaininq to such siqnaae deemed
510 necessarY bV the Planninq Director in order to adequately evaluate the proposed siqn
511 plan accordinq to the criteria set forth subsection (d) Individual banners intended to
512 display special or recurrinq events or activities shall not be required to be approved
513 separately, but it shall be sufficient that the siqn plan show the number, size and
514 location of banners qenerally.
515
516 (c) Where a siqn plan includes electronic display siqnaqe the followinq
517 additional information shall be provided:
518
519 (1) The pixel pitch of the proposed electronic display siqns;
520
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521 (2) Whether such siqns will displav static or animated text or images,
522 and the dwell time for each display;
523
524 (3) The maximum and minimum illumination level in candelas per
525 square meter, and the times during which such illumination levels
526 will be used: and
527
528 (4) In no case shall any electronic display siqn contain, or be
529 connected to audio speakers and all electrical service lines
530 providinq power to such siqns shall be underqround.
531
532 (d) The City Council shall consider the followinq criteria in actinq upon an
533 application:
534
535 (1) The extent to which the proposed siqnaqe is consistent with
536 applicable Siqn Desiqn Guidelines, if any;
537
538 (2) The extent to which the proposed siqnaqe is consistent with the
539 recommendations of the Comprehensive Plan;
540
541 (3) The extent to which the scale color, materials shape illumination
542 and landscapinq of the proposed signaqe considered as a whole,
543 is compatible with surroundinq properties;
544
545 (4) The impact of the proposed siqnaqe on traffic safety takina into
546 consideration the degree to which view obstructions are created or
547 improved avoidance of confusion with or obstruction of traffic
548 control siqns and devices and other safety-related factors; and
549
550 (5) The deqree to which the proposed siqnaqe is intearated into a
551 unified development concept considerinq the buildinq desiqn, other
552 siqns landscapinq traffic circulation and other development
553 features of the propertv.
554
555 COMMENT
556 Thc section sets forth regulations for signage for major entertainment venues, which are
557 deiined in Section lll above. The language is substantially similar to that of the corresponding
558 regulations in the Oceanfront Resort llistrict Form-Based Code (012DFBC). Because Yhis section
559 applies to all such signage within the City, it is being deleted from the ORDFBC as no longer
560 necessary.
14
561 C. CONDITIONAL USES AND STRUCTURES
562 ...
563 Sec 225.01. Bars or niqhtclubs.
564
565 (a) Requirements In addition to qeneral requirements bars or niqhtclubs
566 shall be subject to the followinq requirements which shall be deemed to be conditions
567 of the conditional use permit:
568 (1) Cateqory VI landscapinq shall be installed alonq anv lot line
569 adjoininq a residential or apartment district without an interveninq
570 street alley or body of water qreater than fifty (50) feet in width.
571 The fencinq element of such landscapinq shall not be less than six
572 (6) feet nor more than eiqht (8) feet in heiqht and shall be free from
573 qraffiti Landscapinq and fencinq shall be maintained in qood
574 condition at all times;
575
576 (2) The operation of such establishments shall not disturb the
577 tranquility of residential areas or other areas in close proximity or
578 otherwise interfere with the reasonable use and enioyment of
579 neiqhborinq property by reason of excessive noise traffic, overflow
580 parkinq and litter. Noise from anv establishment located within five
581 hundred (500) feet of any residential or apartment district or use or
582 hotel shall not be audible from outside the buildinq in which such
583 establishment is located or, where such establishments are located
584 in a freestandinq buildinq from any location not on the same lot
585 except when exits are opened to allow patrons emplovees or other
586 persons to exit;
587
588 (3) Operators of such establishments shall not allow loiterinq or
589 conqreqations of individuals in the parkinq lot or other exterior
590 portions of the premises except for areas in which the consumption
591 of alcoholic beveraqes is specifically permitted by the terms of the
592 establishment's alcoholic beveracle control license and shall keep
593 all entrance and exit doors closed at all times of operation, except
594 when patrons employees or other persons are actually enterinq or
595 exitinq the establishment;
596
597 (4) Such establishments shall be required to implement anv other
598 reasonable measures the city council deems necessary or
15
599 appropriate to minimize noise Or other potential adverse effects
600 upon neiqhborinq areas; and
601
602 (5) No increase in the combined area of the dance floor and any other
603 standinq space shall be allowed without the approval of the city
604 council if, after such increase the combined area of the dance floor
605 and other standinq space exceeds fifteen (15) percent of the total
606 floor area of the establishment.
607
608 (b) Violafions A violation of any of the aforesaid requirements shall be
609 qrounds for revocation of the conditional use permit in accordance with the provisions of
610 section 221(h)? provided however, that where a bar or niqhtclub has not previously
611 been found to be in violation of the conditional use permit the zoninq administrator shall
612 give notice of the violation to the property owner or operator of the establishment
613 alleqed to be in violation of the conditional use permit and allow a reasonable time for
614 the violation to be corrected or remedied prior to the institution of proceedinqs to revoke
615 the conditional use permit under section 221(h) Any findinq by the zoninq administrator
616 that a bar or niqhtclub is in violation of the conditional use permit may be appealed to
617 the board of zoninq appeals in accordance with section 106.
618
619 (c) Accessory uses Bars or niqhtclubs shall not be allowed as an accessory
620 use in any zoninq district.
621
622 (d) Expansions etc Notwithstandinq anY other provision of this ordinance, no
623 conditional use permit or resolution pursuant to section 105(d) shall be required for the
624 enlarqement extension reconstruction or structural alteration of a bar or niqhtclub
625 lawfully in existence as of fdate of adoption of amendmentsl provided that:
626
627 (1) It has not previously been found to be in violation of the conditional
628 use permit authorizinq it, if anv;
629
630 (2) The net occupant load of the bar or niqhtclub is not increased as a
631 result of the enlarqement extension reconstruction or structural
632 alteration;
633
634 (3) The bar or nightclub has not been expanded or extended since fthe
635 date of adoption of this section "monrlmonts'; and
636
16
637 (4) Except with respect to structural alterations or reconstructions not
638 resultinq in an increase in occupant load such bar or niqhtclub is not
639 located within an accident potential zone (APZ).
640
641
642 It shall be a condition of any enlarqement extension reconstruction or structural
643 alteration pursuant to this section that the bar or niqhtclub shall thereafter be subiect to
644 the standards and conditions set forth in subsection (a) hereof. Any enlarqement,
645 extension reconstruction or structural alteration of a bar or niqhtclub not meetinq the
646 criteria set forth herein may be allowed bv the city council in accordance with section
647 105(d) or by conditional use permit as the case may be. In the event any such standard
648 or condition is found by the city council to have been violated, it may revoke the
649 permission to enlarqe extend reconstruct or structurally alter the establishment. Any
650 enlarqement extension reconstruction or structural alteration of a bar or niqhtclub not
651 meetinq the criteria set forth herein may be allowed by the city council in accordance
652 with section 105(d) or by conditional use permit, as the case may be.
653
654 COMMENT
655 This section is included solely in order to renumber the provision to maintain alphabetical
656 order of' the conditional uses listed in this part of the CZO and to make a technical correction
657 having no substantive effect in subdivision (d)(3) .
658 ....
659 Sec. 228.1. Car wash facilities.
660 In addition to general requirements the followinq special requirements and
661 limitations shall apply to car wash facilities in districts in which they are qenerally
662 permitted:
663 (a) No water produced by activities at the facility lot shall be permitted to fall upon or
664 drain across public streets or sidewalks or adlacent properties; and
665 (b) A minimum of three (3) off-street parkinq spaces for automobiles shall be
666 provided for each car wash space within the facility, unless otherwise provided in the
667 conditional use permit.
668 COMMEN'I'
669 The new section makes provision for car wash facilities. Currently, the same requirements
670 are set forth in the use regulations of the individual districts in which car wash facilities are
671 allowed; the placemeni of those requirements in this new section eliminates the need for repetition.
17
672
673
674
675
676
677
Ser.. 230. Rel"gmous . [RESERVED]
,
678
679 . , ,
680
681 .
682
683 ; pmvided, heweveF, ,
684
685 .
686 ?
687 COMMENT
688 This section makes no changes from the current CZO provision and is included solely in
689 order to renumber the provision to maintain correct alphabetical order of the condiYional uses
690 listed in this part of the CZO.
691 ....
692 SeG. 233.01.
693 . [RESERVED]
694
695 In ,
696 :
697 {a)- ,
698 ,
699 .
700 ,
701 ,
702 PFGjeGt, .
703
18
704 COMMENT
705 This seetion is deleted, as the new Central Business Core District regulations contain none
706 of the limitations set forth in this section and multiple-family dwellings are principal, rather than
707 conditional, uses.
708 ....
709 Ser.. 233.1. . [RESERVED]
710
711 . ,
712 ,
713 .
714
715
716 , .
717
718
719 graffiti.
720 ;
721
722
723
724 n?hor?nii.??o ???e cv ?nii+h +ho r To?+ r?nl+lo J-d oniG?imorit nf
vnT?rvvrc, ?t? ??-o ?+r?
725 b , traffiG, eveFflew
726 .
727
728
729 ,
730 m , .
731 ,
732 noronno +„ o,,,+;
733
734
735
736 ,
737
738 es+n.cirhirmrren+rs-Ct'Got0TG beverage GG1Ttttll ko oniJ chall Loo
739 al7 ^-c'''+7^^ ^^d ^"it rleerc. nlnserl n} a11 4imoc nf opora4ion ovnopf
19
740 wheR ,
741 ovitinn 4ho oc+ahlichmont?
742
743
744
745
746 ; aRd
747
748
749
750 GeLiRGOI o , ,
751
752 flnnr aroa nf +ho oc+Nhlichmont
753
754 (h`?- ' .
755
756 SeGtoon ; pFov*ded, hewever,
757 i,
758
759
760
761
762
763 .
764
765 .
766 .
767
768 , etG. ,
769
770 eniargemeRt, O ,
771 , prevoded :
772
773
774 uco pormi+ r+ufhnriZinn it if ony•
,
775
776
777 roc? il4 v?f 4ho onl?.+rner?ont, exz +efl?? cinn ronnns? ?ri ic?i?r? n o, r cfr? irf? ir?l
,?a,r-,-?„??,??,-?,T --??, a??r?r
778 alterat+eR-;
779
20
780
781 ; aRd
782
783
784 ,
785
786
787 , extensmen,
788
789 . ARy ,
790 extensiOR,
791
792 i, .
793 , e
794 , , .
795 ieRt, ,
796
797 o, .
798
799 COMMENT
800 T'his section makes no changes from the current CZO provision and is included solely in
801 order to renumber the provision to maintain correct alphabetical order of the conditional uses
802 listed in this part of the CZO.
803 Sec. 239.05. Parking structures and parkinq qaraqes.
804 (a) In addition to the general standards set forth in section 220, the city
805 council shall consider the extent to which the following standards have been met in
806 deciding applications for conditional use permits:
807 (1) Access to the parking structure is designed so as not to disrupt or
808 obstruct the flow of traffic on adjacent public streets;
809 (2) The parking structure provides adequate ingress and egress to all
810 parking spaces, ample clearance, and safe pedestrian access;
811 (3) Safety features such as glass-backed elevators, interior scanning
812 systems and alarm systems have been incorporated to ensure the
813 well being of pedestrians and vehicles; and
21
814 (4) The architecture, building materials, signage and landscaping are
815 of high quality and conform to the design standards for parking
816 structures set forth in the Comprehensive Plan Reference
817 Handbook (Special Area Development Guidelines for Urban Areas
818 and Special Purpose Guidelines re: Parking Structure Standards)
819 or, in zoninq districts listed in section 102(a)(13), to the desiqn
820 auidelines applicable in such district.
821 (b) In addition to the information required by section 221(a), an application for
822 a conditional use permit shall include the following:
823 (1) A site plan showing access, parking spaces, traffic control, lighting,
824 drive aisles, elevators, stairwells, pedestrian access features,
825 interior clearance and landscaping;
826 (2) Building elevations or renderings showing architectural styling,
827 building materials and colors and signage; and
828 (3) A narrative describing safety features to be employed.
829 (c) Except as provided in section 1501(a)(1)(iv) or in the regulations of any
830 #erm-base? zonin district listed in section 102(a)(13), in districts in which they are
831 allowed-by conditional uses perm+t, parking structures and parkinq qaraqes shall not be
832 allowed as accessory uses.
833 (d) Parking structures and parkinq qarages located in any #Fm-based zonin
834 district listed in section 102(a)(13) shall be subject to the applicable provisions of such
835 district in addition to the provisions of this section.
836 COMMENT
837 The amendments add "parking garages" to the secYion and eliminate potential conflicts
838 between this section and the provisions of zoning districts intended to implement Strategic Growth
839 Area Plans.
840 ....
841 Sec. 240.1. Reliqious uses.
842
843 In addition to qeneral requirements, the following special requirements and
844 limitations shall apply to religious uses in districts in which they are qenerally permitted:
845 (a) Minimum lot area. The minimum lot area shall be three (3) acres.
22
846 (b) Off-street parkinq At least one space per five (5) seats or bench seatinq
847 spaces in the main auditorium; provided however, that the requirement for any church
848 located in a shoppinq center shall be as specified in the conditional use permit allowinq
849 such church.
850 (c) Siqns shall be permitted in accordance with the requlations of the district
851 in which the use is located; provided however, that in residential districts, reliqious uses
852 shall be allowed one (1) siqn per entrance not to exceed twenty-four (24) square feet
853 per face or such other siqnaqe as may be specified in the conditional use qermit. No
854 such siqn shall have more than two (2) faces
855
COMMENT
856 This section makes no changes from the current CZO provision and is included solely in
857 order to renamber the provision to maiotain correct alphabetical order of the conditional uses
858 listed in this part of the CZO.
859
860 D. DESIGN, ETC. STANDARDS FOR RETAIL ESTABLISHMENTS AND
861 SHOPPING CENTERS
862 ....
863 Sec. 244. Applicability; rules of construction; modifications.
864 (a) The provisions of this part shall apply to the construction of new retail
865 establishments, including conversions of other uses to retail use, and to additions or
866 expansions of existing retail establishments where the gross square footage of floor
867 area thereof is increased by fifty (50) percent or more; provided, however, that the
868 provisions of this part shall not apply to establishments located within '
869 a zoninq district listed in section 102(a)(13).
870 COMMENT
871
872 The amendments broaden the provisions of this section to exclude any zoning district
873 intended to implement the provisions of a Strategic GrowYh Area Plan. To date, such districts
874 include the Oceanfront Resort District and the new Central Business Core District.
875
876 ....
877
878
23
879 ARTICLE 9. BUSINESS DISTRICTS.
880
881 Sec. 900. Legislative intent.
882
883 The purpose of the B-1 Neighborhood Business District is to provide areas where
884 a limited range of business establishments can be located near or adjacent to
885 residential development without adversely impacting the adjacent residential area. The
886 purpose of the B-1A Limited Community Business District is to provide areas where
887 limited commercial development can be dispersed to support the needs of nearby
888 residential neighborhoods. The purpose of the B-2 Community Business District is to
889 provide land needed for community-wide business establishments. This district is
890 intended for general application in the city. It is intended that, by the creation of this
891 district, business uses will be geographically concentrated. The purpose of the B-3
892 Central Business District is to set apart that portion of the city which forms the
893 metropolitan center for financial, commercial, professional and cultural activities,
894 iricluding business, professional and cultural development in a manner that
895 complements the CBC Central Business Core District and the policies
896 identified in the City of Virginia Beach Comprehensive Plan. It is intended that any uses
897 likely to create friction with these proposed types of activities will be discouraged. This
898 district is not intended for general application throughout the city. T"o ^urn^so nf +ho R
899 tial for a
900 mixed , pedestrian , iRGIuding 901 , , retaul, resideRtial, ,
902 .
903 ,
904 u '
905 ImplernentatiOR .
906 , jeann&
907 Street,
908 ,
909 e?#he-G+t ,
910 a°set #o , O .
911 Pe ' . The purpose of the B-4 Mixed
912 Use District is to provide for retail and commercial service facilities and residential uses,
913 including high-quality workforce housing in appropriate areas within the district,
914 including Strategic Growth Areas, in those areas of the city where a mixture of such
915 uses is desirable and recommended by the policies of the Comprehensive Plan. The
916 purpose of the B-4C Central Business Mixed Use District is to provide an area that
917 complements the R3o Domhro4o Central Business Core District through quality mixed
918 use development at intensities and patterns that support multiple modes of
24
919 transportation, higher residential dens;ties, including high-quality workforce housing in
920 appropriate areas within the district, and an integrated mix of residential and non-
921 residential uses within the same building or on the same lot. Requests for rezonings to
922 the B-4C Central Business Mixed Use District shall be limited to the area 6UFFOURding
923 thc? ?-?P. hrnko ro.,+ral R„s,noss r„ro n,S+r,G+ generally bounded by Thalia
924 Creek on the east, Interstate 264 on the south, Aragona Boulevard on the west, and
925 Jeanne Street and Broad Street on the north. Development within the B-4C Central
926 Business Mixed Use District should adhere to the Comprehensive Plan's Mixed Use
927 Development Guidelines. The purpose of the B-4K Historic Kempsville Area Mixed Use
928 District is to provide an area that complements the adjoining residential neighborhoods
929 through quality mixed use development at intensities and patterns that support multiple
930 modes of transportation, higher residential densities, including high-quality workforce
931 housing in appropriate areas within the district, including Strategic Growth Areas, and
932 an integrated mix of residential and nonresidential uses within the same building or on
933 the same lot. Rezonings to the B-4K Historic Kempsville Area Mixed Use District shall
934 be limited to property within the area generally bounded by Kempsville Heights and
935 Kempsville Lake to the north, Cedar Run Canal to the south, Kempsville Gardens and
936 Kempsville Manor to the east, and Eastern Branch of the Elizabeth River to the west.
937 Development within the B-4K Historic Kempsville Area Mixed Use District should
938 conform to the Comprehensive Plan's Mixed Use Development Guidelines and the
939 Historic Kempsville Area Master Plan or, in the event of a conflict, should conform to the
940 Historic Kempsville Area Master Plan.
941
942 COMMENT
943
944 The amendments delete references to the B-3A Pembroke Central Business Core District, as
945 the district will be supplanted by the new CBC Central Business Core District.
946 Sec. 901. Use regulations.
947 (a) Principal and conditional uses. The following chart lists those uses
948 permitted within the B-1 through 13-4K Business Districts. Those uses and structures in
949 the respective business districts shall be permitted as either principal uses indicated by
950 a"P" or as conditional uses indicated by a"C." Uses and structures indicated by an "X"
951 shall be prohibited in the respective districts. No uses or structures other than as
952 specified shall be permitted.
953
25
954
Use
'Animal hospitals, veterinary
' establishments, pounds, shelters,
commercial kennels, provided all animals
shall be kept in soundproofed, air-
conditioned buildings
Assembly uses
Automobile museums
B- 1 B- ( B- i B- 19- ; B- B- ' B-4K
1 111A12 13 I3AE4 4C
P 3P $P iP IR IP IP EP
C IC ;C iC S ;C !C ;C
X FC 'C IC (x 'C !C C
'Automobile repair garages and small [ X j X j C? XIX IC! X ; X
engine repair establishments, provided that I
all repair work shall be performed within a
building
?
LiX6461S1V@
pr-GVtdE:tla?-'a ut?Oh-;.? ?riiro ta+inn
( ? 3 (
....?...._.......,..____...._...,m._._.,..__. ....... 1X -Y-.,-....... ---°?---e--"-- ?
?Automobile service stations; providedthat, X ?X 'C ?C ?x ;C ?X €X
?where there is an adjoining residential or
apartment district without an intervening
?street, alley or permanent open space over
?twenCy-five (25) feet in width and where lots
'separated by a district boundary have ! t
adjacent front yards, Category VI screening
shall separate Che automobile service 3 = ; !station use from the adjacent residential
' district or apartment district and no ground f ! i
sign shall be within fifty (50) feet of the
i ?
residential district or apartment district
' Bakeries, confectioneries and f
;delicatessens, provided that products ?
prepared or processed on the premises ?
shall be sold only at retail and only on the
premises `
P :P P 'sP ;R iP (P ?P
Bars or nightclubs
Bed and breakfast inns
X iX !C EC iS iC iC ;C
X ?X 'X 'X 1x iC iX ;C
26
Beverage manufacturing shops, which shall `X ,X ?P ; PIX ? P i P X
not exceed three thousand (3,000) square
'feet in floor area
Bicycle and moped rental establishments iXiX !X s X`X e CIX € X ?
' Boat sales ( X? X ! PiX')( I P€ X ; X
?
. . ...... ... .. _ ._. _. ? .....
Body piercing establishments ?X X;C TX :-x sx I X iX
?
i
. . .__ . _...._ . . ....?..._ 4 = ;, .m_ ....,,_..? '._....
.. ._ .. _.? _ . . ??.
Borrow pits X X; C j X?X 1 X X; X
' E E
_..._?_ ?
-
Building-mounted antennas meeting the ?X ?X tP P;?
?_.._
P j P
irequirements of Section 207
! ?
_. .. .. .... . .._.._.. ....... . . .. .. . • __ ._
Bulk storage yards and building contractors X ?X ;C jX ?x G
? _.._r_..
?X IX
yards; provided that no sale or processing
of scrap, salvage or secondhand material } s ; ?
shall be permitted in such yards; and,
provided further that such storage yards i
shall be completely enclosed except for
' necessary openings in ingress and egress
by a fence or wall not less than six (6) feet E l
; '
in height j ;
' Business and vocational schools which do
not involve the operation of woodwork
shops, machine shops or other similar
' facilities
Business studios, offices and clinics
Car wash facilities, p??t: {+)
asr
? eff c4roo4 nnrL'nn cnonoc fer
,,..
\"/
i subLct to the
provisions of Section 228.1.
X
X
X 1C ilJ I c ib € C I C ji`
P iP ;P IP l-P ?P (P jP
X 1X iC ?C ;S ;C iX =X
?
?
. .. . ?__. . _. . .
Child care and child care education centers 3 C, C : P? P iv- ? P, P € C
?Colleges and universities, public or private IX; C € C j CIS ( C; C = X
27
Commercial parking lots, parking garages, 1X1X ; Pi Pi 42 ; PIP iC
parking structures and storage garages
,
Commercial parking garages and storage X? X I C C ER 1 C? P !X
;garages which include car wash, car rentai
?or car detailing services when wholly enclosed within a parking structure and
'accessorythereto
;
Communication towers meeting the j PIP ? P! P JP- ?P? P 4 P
; requirements of Section 232(j) ? '
i I i E 1 i
?. _ ____.___
Communication towers, except as specified XiC EC iCS ( C, C ! X
'above
Dormitories for marine pilots i X? X E X F X ; C i X ? X
?Drugstores, beauty shops and barbershops P; P P?p- P; P , P
and other similar personal service
establishments; provided that drive-through
'windows shall not be allowed in the B-4K
' District
E
Dwellings, Attached ?X `. `X X ;x ;P ;X
i `P
Dwellings, Multi-family 'X X ;X ?X 'S =P ?C C
_.___
Eating and drinking establishmentswithout ;X IX iX iX 42 fX 1P 1P
drive-through windows, when not
freestanding and incorporated inside a
mixed use building, except as otherwise
specified in this section
Eating and drinking establishments with sX X : P? P;)( ! P! X # X
drive-throuyh windows, except as specified
?
= below
F i
! 3 € i
? Eating and drinking?establishments without P 9 P ? P; PIx? PiX ? X
drive-through windows, except as specified
below
Fiber-optics transmission facilities "X ; C ; C i C; S; X i C ; X
Financial institutions; provided, that drive- i P; P ? P ? P?P ; PI P P
,through windows shall not be allowed in the
28
' B-4K District
Florists, gift shops and stationery stores
Funeral homes
%Furniture repair and upholstering, repair
'services for radio and television and
! household appliances other than those with
jgasoline engines; carpet and linoleum
' laying; tile setting, sign shops and other
small service businesses
' Greenhouses and plant nurseries
Grocery stores, carry-out food stores and
'convenience stores all being both
'freestanding and in a structure with a gross
'floor area of less than five thousand (5,000)
square feet
Grocery stores,carry-out food stores and
convenience stores whether or not
'freestanding, but in a structure of a gross
floor area of not less than five thousand
(5,000) square feet
' Grocery stores, carry-out food stores and
'Iconvenience stores any of which are not
freestanding but in a structure with a gross
'floor area of less than five thousand (5,000)
'square feet
_
?-
P ?P ?P ;P p P !;P IP
X 'P IP ,P ix jP IX ;X
X !P `P ;P 3x IP iX iX
X iiP !P X !x IP iX ;X
C 3C ;P 1 P ix ?P iX
X iX `P P !G ;,P ;C EX
P ?P ?P ',P iS iP'C C
Heliports and helistops X?X `C ?C C ?C ?C X
Home-based wildlife rehabilitation facilities
? C C C? X
3
?
x, ,.?_.
iX? X
; X
___ .
Home occupations
i X`X ! X j X
S
C; C
j C
Housing for seniors and disabled persons ; C C'X? X `S : C`C C
,
or handicapped, including convalescent or '
nursing; maternity homes; child care ?centers other than covered under permitted E
? E
principal uses hereinabove, provided that
the maximum height shall not exceed one
hundred sixty-five (165) feet; provided,
29
Hotels and motels ':X ;X (.X ;P ip- ;P jP jX
Hotels and motels with increased lodging ? X`X lX? X jx ? C? X ? X
unit density and height, provided that the
maximum density shall be one hundred
twenty (120) lodging units per acre, the ? a > > ?
minimum lot area shall be one (1) acre and
the maximum height shall be one hundred
(100) feet; notwithstanding the above, no
? F
structure shall exceed the height limit
established by,section 202(b) regarding air
navigation f ;
Laboratories and establishments for the FX X? Pi P p- ; P ? P' P
'production and repair of eye glasses,
i ?
hearing aids and prosthetic devices
,
?...
__........ .. . ? -- __.....
Laundry and dry cleaning agencies = P? P P P ;-P : Pi P`P
Liquor stores, package only i P F P ? P i P p- P E P{ P
Marinas, commercial ; X X C; C ;X 3 C. X; X
?
?Medical and dental offices and clinics
?P
P
1P ?P
?P- P !P ;P
Medical laboratories ? iX 1X ?P ; P P P (P
, . .. . _... _._ . _ . .. .. . ..
Mini-warehouses ?..
'X
C -
t
?C ;C
3 ? . ..
?
"K iC 1 X 'X
Mobile home sales X I X ; C ? X X ; X, X X
'Motor vehicle sales and rental, provided the ; X, X ? C i C iX ? Ci X€ X
'minimum lot size is twenty thousand
(20,000) square feet; and provided further, ;
that truck and trailer rentals shall comply 3
with the provisions of section 242.2
__...._. _ _._. ?..__ ..? .._ e__.._ e_.
Motor vehicle sales and rental, provided ; XiX i X i X ?p- ? X ? PiX
such use is wholly enclosed within a
30
' Off-site parking facilities, subject to the
' provisions of subsection {s} (d)
Open-air markets
.._._._Outdoor cafes
Outdoor plazas
Passenger transportation terminals
X !X 1X iP !J2 ;X ;P €X
X :X :C IC iG'sC `C jX
P iP P ;.,P p- ;P jP ;P
P iP iP ?P I_R;P iP IP
X iX iC IC IS I,C iC ;X
' Passenger vessels permitted by U.S. Coast iX 1 X ; C? X ;-x j C J X E X
,
Guard regulations to carry more than one
hundred forty-nine (149) passengers and j
'used for commercial purposes
1
Personal service establishments, oCher ' P? P P? P p- ? P E P? P
t ,
'than those listed separately ?
E
Personal watercraft rentals iX? C E C i C ix iC:XiX
Public buildings and grounds ( P! P ; P l P ip- i P ? PP
E ?
Public utilities installations and substations
; P 1 P (
= P j P j
{
42[ P ? P; P
provided storage and maintenance facilities ;
;shall not be permitted; and provided further ;
that utilities substations, other than
individual transformers, shall be
'surrounded by Category N screening solid
?
except for entrances and exits; and
' provided also, transformer vaults for
underground utilities and the like shall
require only Category I screening, solid
!except for access openings
Public utilities offices ;X ;X ; P' P ?P- ? P; P P
31
Pubiic utility storage or maintenance iX I X ? C? C ;X ? C 1 XiX
installations
?.?..._... . __?._ . .._.....,,.._........ ?,......._ ?
? Radio and television broadcasting stations ?X C I C ? C i Gl C? CX
Recreation facilities other than those of an ?X ?X ?!C iS ? P?C ?X
outdoor nature, with a floor area greater
?than 7,500 square feet
' Recreational and amusement facilities of
!an outdoor nature, which may be partially
' or temporarily enclosed on a seasonal
' basis with approval of city council; provided
that, in the development of such properties,
'safeguards are provided to preserve and
protect the existing character of adjacent
properties, except that riding academies
' and recreational campgrounds shall not be
allowed as a conditional use or otherwise
X ;C ;C ;C ;G IC !C ;X
Recreational facilities other than those of !X? X' Pl P ;J2€ P E P j X
an outdoor nature, with a maximum floor
'area of 7,500 square feet
? Religious uses with a floor area greater =C ? C' CI C 'G i C! C i C
than 4,000 square feet
1 i I
Religious uses with a maximum floor area I ?PI P i P; P ,J2 ? P ? P; P
?of 4,000 square feet
Repair and sales for radio and television ' PI P = Ps P `R ; P ( P s P
and other household appliances and smail
' business machines
Retail establishments, other than those
listed separately, including the incidental
' manufacturing of goods for sale only at
retail on the premises; retail sales and
display rooms and lots, provided that yards
for storage of new or used building
materials or yards for any scrap or salvage
operations or for storage or display of any
'scrap, salvage or secondhand building
materials or automobile parts shall not be
allowed, further provided that adult book
stores shall be prohibited from locating
X'P iP iP ;R;P jP iX
32
956
957 GeFe .
958 ,
959
960 ,
961 m ,
962 woihie g_44 D h?e Centrol Ri ioinocc (`nro flic4rint chall ho ci ihiont tn the
963 fOllOWORg .
964
965 ,
966 d ,
967 v„s;e afea-=??e size- anrat;,,n „f ,,,,+d„Or nlaz-as--a^Q
968 att?^?'?t aMeR+t+esslaall be-Feui ^r +^
ggg ensu fGrmonGo wi+h +hoco orirJ nthor rola4orJ nhior+ivoc ac cot
970 fOrth i7 n the (`nmr?r??cive ?anaRd DprT?hrnlro ?-?t i< ? rn?ni?h
ITITrCTfC-paTT'ft7r TVTrCi T.TT?TTQTVYYCIT
971 4roo 4 Implomon4atinn Dlonr • anr!
972 (-r..?ThC-at'bttateGturat-dp.?jlzt] ? nnfnrm }c the r?
., y, .
973 the Domhrnko 24ra+onin rrnMi+h 4roa 4 Imr?lomon???inn Dlon
974
975
976 (d) {Off-site parking facilities.} Off-site parking facilities shall be permitted as
977 follows:
978 (1) 8-3?,4 and 8-4C Districts. Off-site parking facilities for any use
979 within the B-3, B 3A or 13-4C Districts, shall be permitted on any
980 zoning lot, provided all of the following requirements are met: (1)
981 structures for parking facilities shall conform to the regulations of
982 the district in which located; (2) off-site parking facilities shall be
983 located within one thousand five hundred (1,500) feet from the use
984 they are intended to serve, but in no case shall any such facility be
985 located opposite Virginia Beach Boulevard and Independence
986 Boulevard unless grade-separated pedestrian access is provided;
987 and (3) e##-s+te par{reng St;U^+?js°re-iTg use-swoR;;^,-L;e B-o°
988 ; aRd {4)
989 a written agreement assuring continued availability of the number of
990 spaces indicated shall be drawn and executed, and a certified copy
991 of such agreement shall be recorded with the clerk of the court.
992 Such agreement shall stipulate that, if such space is not maintained
34
commercial space in a given development project, an additional
dwelling unit per acre beyond that allowed by the maximum density
may be built.
(8) ? Maximum density of hotels and motels
1010
WA 180 [ N/A
1011 `Where applicable, newly created corner lots must also adhere to section 4.4(c) of the Subdivision
1012 Ordinance, requiring additional lot width on certain corner lots.
1013
1014 Except as otherwise provided herein, setbacks affecting only the first floor of
1015 multistory buildings may be increased by no more than twenty (20) feet in order to allow
1016 the creation of covered passageways within the B-3A-, B-4C and B-4K Districts. In
1017 addition, building setbacks adjacent to roadway intersections may be increased to
1018 provide safe and reasonable line-of-sight clearances.
1019 COMMEN'I'
1020 The amendments deleYe references to the B-3A Pembroke Central Business Core llistrict, as
1021 the district wilt be supplanted by Yhe new CBC Central Basiness Core District.
1022 ....
1023
,
1024
1025
1026 Core i ,
1027 .
1028 1'I=?T-TT Z^ninn Iot ic at Ioact fivo /F\ onroc in aroa•
r
1029 (-2) Th° ^r^^eJccr°rJ ?7°`? .rcv ^mont f?r ?nih vrricnh tmho ror rcal? inoaccd sco?ha??
? ?rrT?-- ?cu
1030 sought n fiipo onrl nuolity GGRSisieRt wi4h tho ctandardc coi
1031
1032 ; aRd
1033 mRG'ude aRy buildi
1034 , paFcCt? ?-?enTGh aro nn4 vicuolhy onr4 fiirintienolly intonra+od into +ho
1035 ontiro dovolrinmont
1036
1037
1038 buildiRgS, , ' , paFk;Rg ,
36
1039 }? „+".?,-,°r°-r
,
1040 ,,,....., .,.., .,......._ ___
1041
1042
1043 ,
1044 .
1045
1046
COMMENT
1047 The amendments delete references to the B-3A Pembroke Central Business Corc District, as
1048 the district will be supplanted by the new CBC CenYral Business Core District. In addition, the
1049 provisions of subsections (t), (g) and (h) are also deleted, as thcy will be rendered superfluous by thc
1050 adoption of the new Central 13usiness Core District regulations.
1051
1052 Sec. 903. Landscape screening and buffering regulations.
1053 For the B-1 through B-4 Commercial Districts, the following landscape screening
1054 and buffering regulations shall apply:
1055 (a) When a zoning lot within a B-1 or B-1A Business District adjoins a
1056 residential, apartment or hotel district without an intervening street, alley or body of
1057 water over twenty-five (25) feet in width, a fifteen-foot minimum yard shall be required
1058 along all lot lines adjoining the residential, apartment or hotel district. Category I
1059 landscape screening shall be required within the yard area. No other uses or structures
1060 shall be permitted in such yards.
1061 (b) When a zoning lot within the B-2, B-3, B-3Pr B-4, B-4C or B-4K District
1062 adjoins a residential or apartment district without an intervening street, alley or body of
1063 water over twenty-five (25) feet in width, a fifteen-foot minimum yard shall be required
1064 along all lot lines adjoining the residential or apartment district. Category IV landscape
1065 screening shall be required within the yard area. No other uses or structures shall be
1066 permitted in such yards.
1067 (c) When a zoning lot within the B-2, B-3, &?, B-4, B-4C or B-4K District
1068 adjoins an 0-1 Office District without an intervening street, alley or body of water over
1069 twenty-five (25) feet in width, a ten-foot minimum yard shall be required along all lot
1070 lines adjoining the office district. Category I landscape screening shall be required within
1071 the yard area. No other uses or structures shall be permitted in such yards.
1072
1073
37
1074 COMMENT
1075 The amendments delete references to the B-3A Yembroke Central Business Core llistrict, as
1076 the district will be supplanted by the new CBC Central Business Core District.
1077 Sec. 904. Height regulations.
1078 (a) The maximum height for all uses and structures within the B-1
1079 Neighborhood Business District and B-1A Limited Community Business District shall be
1080 thirty-five (35) feet.
1081 (b) Where a zoning lot within the B-2 Community Business District, B-3
1082 Central Business District, B 3° p°mhrnLo ('en+ro?I B????Ress CeT nog_4 Mixed
1083 Use District, B-4C Central Business Mixed Use District or B-4K Historic Kempsville Area
1084 Mixed Use District adjoins the side or rear yard of a zoning lot in a residential or
1085 apartment district without an intervening street or alley over twenty-five (25) feet in width
1086 or a body of water over fifty (50) feet in width, the following maximum height regulations
1087 shall apply on that portion of the commercial zoning lot within one hundred (100) feet of
1088 the adjoining residential or apartment district. In cases where more than one (1) of the
1089 following apply, the most restrictive shall apply.
1090 (1) When adjacent to residential district, the maximum height shall be
1091 thirty-five (35) feet.
1092 (2) When adjacent to A-12 or A-18 Apartment Districts, the maximum
1093 height shall be thirty-five (35) feet.
1094 (3) When adjacent to A-24 Apartment District, the maximum height
1095 shall be forty-five (45) feet.
1096 (4) When adjacent to A-36 Apartment District, the maximum height
1097 shall be one hundred twenty (120) feet.
1098 (c) The maximum height for hotels and motels within the B-4 Mixed Use
1099 District is seventy-five (75) feet.
1100 (d) Except as specified in items (a),(b) and (c) hereinabove, there shall be no
1101 maximum height regulations in the B-2, B-3 and B-4 Districts. `^vm+";^ +"° R3°
1102 i ,
1103 . In the
1104 B-4C Central Business Mixed Use District, minimum building height shall be thirty-five
1105 (35) feet and the maximum building height shall be two hundred (200) feet. In the B-4K
1106 Historic Kempsville Area Mixed Use District, the minimum building height shall be
1107 twenty-five (25) feet and the maximum building height shall be fifty (50) feet.
38
1108 (e) Notwithstanding the above, no building or other structure shall exceed the
1109 height limit established by section 202(b) regarding air navigation.
1110
1111 COMMENT
1112 The amendments delete references to the B-3A Pembroke Central 13usiness Core District, as
1113 the 13-3A District will be replaced by the new CBC Central Basiness Core District.
1114 Sec. 905. Sign regulations.
1115 ....
1116 (d) Within the D-2-4. °emb,r^e oe;tFal--Busines° rm?ro flio}riorl ? an,? +hti o g_4C
??-??n, r-,-.G--?
1117 Central Business Mixed Use District, signs shall be permitted as follows:
1118
1119 (1) For each foot of occupancy frontage an establishment shall have
1120 no more than sixty one-hundredths (.60) square feet of sign area.
1121 No single establishment shall have more than four (4) signs, nor
1122 more than two (2) signs per building facade, and no individual sign
1123 shall exceed sixty (60) square feet in surface area. Any
1124 establishment having less than forty (40) feet of occupancy
1125 frontage may have one (1) sign not exceeding twenty-four (24)
1126 square feet. No such sign shall be allowed above the second story
1127 of any building.
1128
1129 (2) A sign identifying the entrance to upper-floor residential dwelling
1130 units shall be permitted; provided, that no such sign shall exceed
1131 eight (8) square feet of surface area, and that the number of signs
1132 shall be limited to one (1) sign at street level at each principal
1133 entrance.
1134
1135 (2.5) Commercial buildings, including hotels and motels, of less than five
1136 (5) stories in height shall have no more than two (2) building
1137 identification signs, and no sign shall have a surface area
1138 exceeding one hundred fifty (150) square feet. Such signs shall be
1139 mounted on or above the fourth story of the building, but not above
1140 the roofline of such building, and only one (1) sign per building
1141 facade shall be allowed. Additionally, two (2) building identification
1142 signs, not exceeding twenty (20) square feet each, shall be allowed
1143 at street level if the building has a street level entrance.
1144
39
1145 (3) Commercial buildings, including hotels and motels, of five (5)
1146 stories to ten (10) stories shall have no more than two (2) building
1147 identification signs, and no sign shall have a surface area
1148 exceeding two hundred (200) square feet. Such signs shall be
1149 mounted on or above the top one-quarter (1/4) of the building, but
1150 not above the roofline of such building, and only one (1) sign per
1151 building facade shall be allowed. Additionally, two (2) building
1152 identification signs, not exceeding twenty (20) square feet each,
1153 may be allowed at street level, if the building has a street level
1154 entrance.
1155
1156 (3.5) Commercial building, including hotels and motels, of more than ten
1157 (10) stories in height shall have no more than two (2) building
1158 identification signs, and no sign shall have a surface area
1159 exceeding three hundred (300) square feet. All signs shall be
1160 mounted on or above the top one-quarter (1/4) of the building, but
1161 not above the roofline of such building, and only one (1) sign per
1162 building facade shall be allowed. Additionally, two (2) building
1163 identification signs, not exceeding twenty (20) square feet each,
1164 may be allowed at street level, if the building has a street level
1165 entrance.
1166
1167 (3.7) Major Tenant Sign Option. For each foot of building footage, a
1168 major tenant may have a maximum of one and two-tenths (1.2)
1169 square feet of sign area, provided that pedestrian scale features
1170 and amenities such as outdoor cafe seating, planters, kiosk areas,
1171 fountains, display windows or sculptures are provided on the
1172 facade or adjacent thereto. No major tenant shall have a total of
1173 more than four (4) signs, nor more than two (2) signs per building
1174 facade.
1175
1176 (4) All freestanding signs shall be approved by the city council, as
1177 consistent with the general purpose and intent of the design
1178 provisions presented in the July, 1991, Pembroke Strategic Growth
1179 Area 4 Implementation Plan and any applicable design standards
1180 approved by city council.
1181
1182 (5) Signs on building awnings shall not be included in determining the
1183 number of building signs permitted, or in determining permissible
1184 sign area, if they meet the following criteria:
40
1185
1186 a. Such signs are uniform in font, color, size and style;
1187
1188 b. Only the name of the establishment appears on the awning;
1189
1190 c. There is only one (1) sign per awning; and
1191
1192 d. Such are no larger than two (2) square feet.
1193
1194 (6) Public or private parking structures and parking garages may have
1195 one (1) sign per vehicle entrance and two (2) additional signs. Such
1196 signs shall have no more than seventy-five (75) square feet of
1197 surface area and shall identify the building on which they are
1198 located as a parking structure or parking garage.
1199
1200 (7) As used in this section:
1201
1202 a. "Occupancy frontage" means the exterior length of that
1203 portion of a building occupied exclusively by a single
1204 establishment having at least one (1) exterior public access;
1205
1206 b. "Building identification sign" means a sign which displays
1207 only the name of the building on which it is located;
1208
1209 c. "Major tenant" means the space in a building occupied by a
1210 single establishment with a building wall height of at least
1211 thirty-five (35) feet and with at least one (1) continuous wall
1212 containing at least eighty (80) feet of building frontage; and
1213
1214 d. "Building frontage" means the exterior length of that portion
1215 of a building occupied exclusively by a single establishment.
1216
1217 COMMENT
1218 The amendment deletes the references to the B-3A Pembroke Central 13usiness Core
1219 District, as the 13-3A District will be replaced by the new C13C Central Business Core llistrict,
1220 which has its own set of sigo regulations.
1221 ....
1222
41
1223 ARTICLE 10. INDUSTRIAL DISTRICTS.
1224 ....
1225 Sec. 1001. Use regulations.
1226
1227
1228
1229
1230
1231
1232
1233
1234
1235
1236
1237
1238
1239
1240
1241
1242
1243
1244
1245
1246
1247
1248
1249
1250
1251
1252
1253
(a) Principal and conditional uses. The following chart lists those uses
permitted within the I-1 and I-2 Industrial Districts. Those uses and structures in the
respective industrial districts shall be permitted as either principal uses indicated by a
"P" or as conditional uses indicated by a"C." Uses and structures indicated by an "X"
shall be prohibited in the respective districts. No uses or structures other than as
specified shall be permitted.
Use
1-1
1-2
Car wash facilities, prevAed .
o subiect
to the provisions of Section 228.1
COMMEN'T
p-
C
?
X
1254 The ameodments delete "automobile service establishments" as a use, as the terin
1255 "aatomobile service station" (which remains listed as a conditional use in Industrial Districts)
1256 replaces it throughout the CZO, and make technical corrections regarding car wash facilities. The
1257 amendments have no substantive effect.
1258
42
1259 ARTICI.E 18. SPECIAL REGULATlONS IN AIR INSTALLATIONS COMPATIBLE
1260 USE ZONES (AICUZ).
1261 A. OVERLAY DISTRICT REGULATIONS
1262 ....
1263 Sec. 1803. Applicability.
1264 (a) Area of applicability. The provisions of this Article shail apply to
1265 discretionary development applications for any property located within an Accident
1266 Potential Zone (APZ) or 65-70 dB DNL, 70-75 dB DNL or >75 dB DNL Noise Zone, as
1267 shown on the official zoning map, that have not been approved or denied by the city
1268 council as of the date of adoption of this Article. For purposes of this Article,
1269 discretionary development applications shall include applications for:
1270
1271 (1) Rezonings, including conditional zonings;
1272
1273 (2) Conditional use permits for new uses or structures, or for
1274 alterations or enlargements of existing conditional uses where the
1275 occupant load would increase;
1276
1277 (3) Conversions or enlargements of nonconforming uses or structures,
1278 except where the application contemplates the construction of a
1279 new building or structure or expansion of an existing use or
1280 structure where the total occupant load would not increase; apd
1281
1282 (4) Street closures where the application contemplates the construction
1283 of a new building or structure or the expansion of a use or structure
1284 where the total occupant load is increased; and
1285
1286 (5) Special exceptions for Alternative Compliance in any zoninq district
1287 listed in Section 102(a)(13) where the special exception allows a
1288 use not otherwise permitted by applicable requlations.
1289
1290 ....
1291 COMMENT
1292
1293 The amendment adds, as a"discretionary development application" subject to the
1294 provisions of the AICU'L Overlay Ordinance, special exceptions for Alternative Compliance in
1295 zoning districts implementing Strategic Growth Area Plans where the special exception would
43
1296
1297
1298
1299
1300
1301
1302
1303
1304
1305
1306
1307
1308
1309
1310
1311
1312
allow a use not otherwise permitted by applicable regulations of a zoning district, such as the
Oceanf'ront Resort District or Central Business Core District, that implements an SGA Plan.
Adopted by the City Council of the City of Virginia Beach on the day
of , 2014.
APPROVED AS TO CONTENT:
Dep n f Planning
CA-12464
November 26, 2013
R-5
J
APPROVED AS TO LEGAL SUFFICIEN Y:
. .
.
City Attorney's Office
44
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
AN ORDINANCE TO AMEND THE PEMBROKE
STRATEGIC GROWTH AREA 4 IMPLEMENTATION
PLAN AND THE POLICY DOCUMENT OF THE
COMPREHENSIVE PLAN BY REVISING MAPS OF
THE PEMBROKE STRATEGIC GROWTH AREA
AND AMENDING DESCRIPTIONS OF THE
CENTRAL BUSINESS DISTRICT/CORE AREA AND
THE CENTRAL BUSINESS DISTRICT/
WATERFRONT AREA
WHEREAS, the public necessity, convenience, general welfare and good zoning
practice so require;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Pembroke Strategic Growth Area 4 Implementation Plan and the Policy
Document of the Comprehensive Plan of the City of Virginia Beach are hereby
amended and reordained as follows:
1. The revision of those certain maps delineating the boundaries of the
Central Business District/Core and the Central Business District/Waterfront,
respectively, appearing in the Pembroke Strategic Growth Area 4 Implementation Plan
on Pages 22 (Urban Districts Plan), Page 27 (Central Business District/Core), Page 31
(Central Business District/Waterfront) and Page 58 (Central Business District/Core and
Central Business District/Waterfront), all as more fully appears in Section 1 of the
attached Exhibit A;
2. The addition of language regarding alternative approaches to form based
codes on Page 56 of the Pembroke Strategic Growth Area 4 Implementation Plan, as
more fully appears in Section 2 of the attached Exhibit A;
3. The amendment of the section of the Pembroke Strategic Growth Area 4
Implementation Plan entitled "Implementation Recommendations," under the sub-
heading entitled "Planning Land-Use Policies" on Page 61 of the Pembroke Strategic
Growth Area 4 Implementation Plan, as more fully appears in Section 3 of the Attached
Exhibit A;
4. The deletion of language regarding the redevelopment of Princess Anne
High School in the section entitled "Civic Places" on Page 27 of the Pembroke
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
Strategic Growth Area 4 Implementation Plan, as more fully appears in Section 4 of the
Attached Exhibit A;
5. The revision of the map (Urban Master Plan) on Page 2-23 of the Policy
Document of the Comprehensive Plan, as more fully appears in Section 5 of the
Attached Exhibit A; and
6. The amendment of the General Recommendations for Pembroke
Strategic Growth Area 4 on Page 2-26 of the Policy Document of the Comprehensive
Plan, as more fully appears in Section 6 of the Attached Exhibit A.
Adopted by the City Council of the City of Virginia Beach on the day
of , 2014.
APPROVED AS TO CONTENT
PlanniriqlD64artment
CA12709
January 14, 2014
R-5
APPROVED AS TO LEGAL SUFFICIENC :
? ( jjy ? ,j ?
•U
City Attorney's Office
2
Exhibit A
Pembroke Strategic Growth Area 4 Implementation Plan Amendments
Adopted by Reference as Part of the Comprehensive Plan
November 10, 2009
(Pages 22, 27, 31, 56, 57, 58 and 61 Pembroke Strategic Growth Area 4 Implementation Plan: Text to be
deleted is shown as sifikeE#FOUgh. Text to be added is underlined.)
1. Page 22
URBAN DISTRICTS PLAN
(Delete and replace with revised map)
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0
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Page 27
CENTRAL BUSINESS DISTRICT//CORE AREA MAP
(Delete and replace with revised map)
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2
Page 31
CENTRAL BUSINESS DISTRICT//WATERFRONT AREA
(Delete and replace with revised map)
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3
Page 58
FORM BASED CODE
CENTRAL BUSINESS DISTRICT//CORE AREA
(Delete and replace with revised map)
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Page 58
FORM BASED CODE
CENTRAL BUSINESS DISTRICT//WATERFRONT AREA
(Delete and replace with revised map)
i;t i? • ? _ ? %. i
- " s
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Page 56, second column
FORM BASED CODE
WHAT ARE FORM BASED DEVELOPMENT CODES?
Of the area being regulated. It depicts the areas of the plan where different building form and streetscape
standards will apply.
Because they can regulate development at the scale of an individual building or lot, Form Based
Codes allow a desired developmental pattern to occur in a more organic fashion, gradually allowing the
area which it regulates to assume a preferred urban form through the independent development of many
small sites within the plan by multiple property owners, Because of this, it is less likely that large land
areas will need to be acquired in order to achieve the overall goal. Rather, the Form Based Code
provides incentives for property owners to develop their sites in a way that supports the vision of the plan.
As a result, areas regulated by Form Based Codes often contain a diversity of architecture, materials,
uses, and ownership.
ALTERNATIVE APPROACHES TO FORM BASED CODES
While the use of form based codes is an effective tool in creatina a desirable urban form, the
inclusion of a form based code in this Plan is not intended to implv that there are no other tvpes of zoninq
re4ulation that foster, as stated in the Plan's Vision Statement:
a central urban core with a vertical mix of urban uses, qreat
streets mobilitv and transit alternatives, urban patherina qlaces,
environmental and neiqhborhood protection "preen" buildinqs
and infrastructure opqortunities providinp a varietv of civic
commercial artistic and ethnicallv diverse areas.
Most importantlv the requlations qovernin4 development in the Pembroke SGA should be flexible
in nature so as to ensure that development meets the Citv's vision for the area while at the same time
encourapinq creativitv in desiqn As an alternative to a form based aqproach an effective wav of
accomplishinp this obiective could be throuqh the use of performance-based zoninp, in which a proqosed
development would be allowed to deviate from the specific develoqment standards prescribed in the
ordinance bv qrovidinq a different form of development or an amenitv that serves the same or a closelv-
related purpose or purposes as the prescribed development standard. For examqle, rather than strictlv
conformina to ordinance qrovisions requirinq buildin4 facades to be located close to the street so as to
activate the street frontaqe bv providinq a walkable pedestrian-oriented streetscape, a develoament
could include features such as oqen-air cafes qlazas or qublic art that similarlv activate the street
frontaae and qrovide an interestinq pedestrian-oriented streetscape.
In liaht of the foreaoina considerations it should be understood that the form _based code
aqpearina below is not intended to be the exclusive means of requlatinq the form of development in the
Pembroke SGA nor is form-based zoninq necessarilv the most effective apqroach to codina the various
districts within the SGA in everv case The form based code shown on the followin4 paaes does,
however, illustrate what such a code miqht look like if chosen as the zoninq ordinance for the Pembroke
SGA.
Care
High
High SETBACKS
0 to Minimal
General Mediun Mediutn lulitimal
Edge Low Low Typical
Prosarve None Nane N!A
Special Existing Ejcisfing Existing
3. Page 61
IMPLEMENTATION RECOMMENDATIONS
PLANNING LAND-USE POLICIES
? Develop a form based code or other code establishipg a regulatory framework for each district
that is consistent with the eoals and objectives of this Plan.
4. Page 27
CENTRAL BUSINESS DISTRICT//CORE AREA
CIVIC PLACES
7
Comprehensive Plan Policy Document Revisions
Chapter 2: Urban Area
Strategic Growth Area 4- Pembroke
(Pages 2-23 and 2-26, Policy Document: Text to be deleted is shown as s#+ke#Feuqh. Text to be added
is underlined.)
STRATEGIC GROWTH AREA 4
pEMBROKE
5. Page 2-23
URBAN MASTER PLAN
DISTRICTS
(Delete and replace with revised map)
L
-
? -
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, • .
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8
6. Page 2-26
GENERAL RECOMMENDATIONS FOR PEMBROKE STRATEGIC GROWTH AREA 4
? Tailor a Form Based or other Code establishing a regulatory framework for each district that is
consistent with the goals and objectives of this Plan.
1 AN ORDINANCE ESTABLISHING TRANSITION RULES
2 FOR THE REVIEW OF SITE PLANS, SUBDIVISION PLATS
3 AND OTHER PLANS OF DEVELOPMENT FOR
4 PROPERTY IN THE CBC CENTRAL BUSINESS CORE
5 DISTRICT
6
7
8 WHEREAS, the public necessity, convenience, general welfare and good zoning
9 practice so require;
10
11 WHEREAS, the City Council has created the CBC Central Business Core District
12 and adopted new zoning, subdivision and site plan regulations applicable to property
13 within the District; and
14
15 WHEREAS, the regulations pertaining to development in the CBC Central
16 Business Core District differ significantly from those previously applicable to property
17 within the territory encompassed by the District; and
18
19 WHEREAS, it is the sense of the City Council that special transition rules should
20 be adopted to govern certain development applications that were not approved by the
21 City prior to the effective date of the Ordinance;
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25
26 1. That the following rules shall apply to the review of site plans, subdivision
27 plats and other plans of development for property located within the CBC Central
28 Business Core District:
29
30 (a) Any subdivision plat, site plan or other plan of development pertaining to
31 property within the territory encompassed by the CBC Central Business
32 Core District that has been accepted for review, but has not been
33 approved by the City on or before the close of business on the date of
34 adoption of the ordinance establishing the CBC Central Business Core
35 District, shall not be subject to the regulations pertaining to the CBC
36 Central Business Core District, but shall, for a period of one hundred
37 eighty (180) days from the aforesaid date, be subject to the ordinances
38 and regulations of the City applicable to such property in effect on the date
39 such plat, site plan or other plan of development was accepted for review
40 by the City.
41
42 (b) If such site plan, subdivision plat or other plan of development is not
43 approved within the aforesaid 180-day period, all further development that
44 is the subject of such site plan, subdivision plat or other plan of
45 development shall be subject to the subject to the regulations pertaining to
46 the CBC Central Business Core District, as well as to all other applicable
47 laws, ordinances, regulations and standards.
48
49 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
50 BEACH, VIRGINIA:
51
52 That nothing in this ordinance shall be construed to affect any vested rights
53 which existed as of the effective date of the Ordinance.
54
55 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
56 of , 2014.
APPROVED AS TO CONTENT:
Pla ni g epartment
APPROVED AS TO LEGAL SUFFICIENCY:
,
?
City Attorney's ffice
CA-12465
R-2
January 14, 2014
2
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend 33-114.3 of the City
Code, Pertaining to Encroachments Allowed Pursuant to the Regulations of a
Zoning District
MEETING DATE: January 28, 2014
¦ Background:
Section 33-114.3 of the City Code currently provides for administrative approval
of outdoor cafes that encroach into public rights-of-way in the 13-3A Pembroke
Central Business Core District. It also provides the same in the Oceanfront
Resort District for encroaching signs and other structures, as allowed by the
Form-Based Code. The changes below are necessitated by the proposed
amendments to the Zoning Ordinance creating the Central Business Core (CBC)
District.
¦ Considerations:
The amendments to 33-114.3(a) expand the provisions of the subsection to
outdoor cafes and other storefront uses in any current or future zoning district
that implements a SGA Plan. The current ordinance is limited in its application to
the 13-3A Pembroke Central Business Core District and the B-4C Central
Business Mixed Use District. The amendments also add a requirement that such
outdoor cafes and other storefront uses must substantially conform to applicable
design guidelines for the district in which they are located.
The amendments to 33-114.3(b) provide that encroaching signs and other uses
or structures that are expressly authorized by the regulations of a current or
future zoning district intended to implement a Strategic Growth Area Plan or the
B-4C Central Business Mixed Use District are exempt from the prohibition of
encroaching structures contained in Section 33-114.1, so long as they comply
with the applicable requirements of the zoning district in which they are located.
Such encroachments are not subject to the $250.00 fee applicable to other
encroachments.
¦ Recommendations:
The amendments to Section 33-114.3 of the City Code are associated with the
proposed amendments to the Zoning Ordinance, including the addition of Article
22, establishing the Central Business Core (CBC) District. The Planning
Commission acted on those amendments; however, the proposed amendments
City of Virginia Beach - Amendments to
Section 33-114.3 of the City Code
Page 2 of 2
to Section 33-114.3 are outside its purview. Approval of the amendments is
recommended.
¦ Attachments:
Ordinance
Recommended Action: Approval
Submitting De me gency: Planning Department
City Manager: ?C..M
1 AN ORDINANCE TO AMEND 33-114.3 OF THE CITY
2 CODE, PERTAINING TO ENCROACHMENTS
3 ALLOWED PURSUANT TO THE REGULATIONS OF
4 A ZONING DISTRICT
5
6 Section Amended: City Code Section 33-114.3
7
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
10 VIRGINIA:
11
12 That Section 33-114.3 of the City Code is hereby amended and reordained to read as
13 follows:
14
15
16 CHAPTER 33. STREETS AND SIDEWALKS
17
18 ....
19
20 ARTICLE VI. ENCROACHMENTS INTO PUBLIC STREETS AND OTHER PUBLIC
21 WAYS, PLACES OR PROPERTY
22
23 ....
24
25
26 Sec. 33-114.3. Administrative approval of encroachments by outdoor cafes, etc.,
27 within certain zoning districts.
28
29 Notwithstanding the provisions of section 33-114.1 of this Code:
30
31 (a) The city manager or his designee may, and is hereby vested with the authority to,
32 approve tk?e encroachment, upon or over any public street or sidewalk in th, ?-o° °embTa42
33 any zoninq district intended to implement a Strateqic Growth
34 Area Plan or the B-4C Central Business Mixed Use District, by outdoor cafes or portions
35 thereof or other storefront uses, provided that such encroachment substantiallv conforms to
36 applicable desiqn guidelines for the district in which it is located. +leas+ eigh+ (Q) foe?.
37
38 6UGh . Such encroachments shall sen#eFm also comply with all applicable
39 zoning and building codes, regulations and standards; aad.
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(b) Encroaching signs and other uses or structures, other than encroach_ments
authorized pursuant to subsection (a), expressly allowed pursuant to the pmvi6ien-s requlations
of any zoninq district in which encroachinq
siqns or other structures are allowed shall be permitted, without payment of the fee prescribed
in Section 33-113 of this Code, in accordance with the rcnircmcntc applicable #e requlations
of such eRGroaGhrn district. The failure to comply with any Y°ryromont provision
applicable to such an encroachments shall be cause for the removal thereof in accordance
with Section 33-114.1 of this Code.
(c) Notwithstandinq the provisions of subsection (a) open-air cafes on public
propert in the OR Oceanfront Resort District or the RT-1 or RT-3 Resort Tourist Districts shall
require the approval of the City Council pursuant to franchise and shall be subiect to the
provisions of the Resort Open Air Cafe Guidelines.
COMMENT
The amendments to subsection (a) expand the provisions of the subsection to outdoor cafes and
other storefront uses in any zoning district that implements an SGA Plan. The current ordinance is limited
in its application to the B-3A Pembroke Central Business Core District and the B-4C Central Business
Mixed Use District. The amendments also add a requirement that such outdoor cafes and other storefront
uses must substantially conform to applicable design guidelines for the district in which they are located.
The amendments to Subsection (b) provide that encroaching signs and other uses or structures that
are expressly authorized by the regulations of a zoning district intended to implement a Strategic Growth
Area Plan or the B-4C Central Business Mixed Use District are exempt from the prohibition of
encroaching structures contained in Section 33-114.1, so long as they comply with the applicable
requirements of the zoning district in which they are located. Such encroachments are not subject to the
$250.00 fee applicable to other encroachments.
Subsection (c) makes an exception for Resort Open-Air Cafes, which remain subject the traditional
franchise approval process.
Adopted by the City Council of the City of Virginia Beach on the day of
2014.
CA-12705
November 15, 2013
R-4
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APPROVED AS TO CONTENT:
Depar r?i *:zt f Planning
APPROVED AS TO LEGAL SUFFICIENCY:
)6,&W RRauz.
City Attorney's Office
3
i ie I
L. APPOINTMENTS
CHESAPEAKE BAY PRESERVATION AREA BOARD
GREEN RIBBON COMMITTEE
HISTORIC PRESERVATION COMMISSION
PERSONNEL BOARD
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)
2040 VISION TO ACTION COMMUNIZ'Y COALITION COMMISSION
WORKFORCE HOUSING ADVISORY COMMITTEE
M. UNFINISHED BUSINESS
N. NEW BUSINESS
0. ADJOURNMENT
?***?****??*+*?***?*?**??****
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
?rr*****???*****?****???******+*
2014 CITYHOLIDAYS
Mernorirzl Drzy - MorarltrV, May 2G
Irriteperaclerzce TlnY - FridtzY, Jrxly 4
Lahor Dat% - ?1lvndrrY, September 1
Vetertcn,s Dat' - Tuesdrry, Noverrtber• ll
ir'hartksgiviyrg 1)cry rinrl 1)rrY rtfter 1 hanksgiving -
"I'hursduy, Ntavenzher 2 7 rrtzd Iriclay, Naverrrber 28
C.'hristma,s Eve (lrcclJ=dty) - Wednesdcry, I)ecemher 24
Chrzstyr3as Day - 1/r.icrsrfcrY» Deceniber 25
CITY OF VIRGINIA BEACH
SUMMARY OF COUNC[L ACTIONS
R
O
S
DATE: 01/14/2014 PAGE: I S-
H S
AGENDA H M A E W
ITEM # SUBJECT MOTION VOTE E J A M S U I
D N O K R M M S H L W
Y L N A T O O O R S
O
E E E N I S N M 1 O O
L R Y S E N S D S N N D
I. CITY COONCIL BRIEFING
A. VA BEACH TRANSIT William Harrell,
EXTENSION - Hilltop President and CEO-
Hampton Roads
Transit
II. CITY MANAGER'S BRIEFINGS
A. COMPARATIVE INDICATORS David Bradley,
Administrator -
Management
Services
B. HARBOUR POINT - David L. Hansen,
SPECIAL SERVICE DISTRICT Depury City
Mana er
III/IVNNI CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
NIUVIII-E SESSION
F. MINUTES APPROVED 11-0 Y Y Y A A Y Y Y Y Y Y
B B
INFORMAL and FORMAL S S
SESSIONS - December 10/17, 2013 T T
A
1 A
I
N N
E E
D D
G/k[-1 PUBLIC HEARINGS:
1. EXCESS CITY-OWNED PROPERTY No Speakers
ll 8 West Lane
2. SPECIAL SERVICE DISTRICT No Speakers
Harbour Point (SSD)
3. GAP FINANCING FOR CAVALIER One Speaker
ASSOC
I-1 PUBLIC COMMENT
1. CENTRAL BUSINESS CORE No Speakers
DISTRICT ZONING
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
R
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S
DATE: 01/14/2014 PAGE: 2 5-
H S
AGENDA H M A E W
ITEM # SUBJECT MOTION VOTL g ) A M S U 1
D N O K R M M S H L W
Y L N A T O O O R S O
E E E N I S N M I O O
L-
R
I
Y
I
S
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E
I
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S
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D
I
S
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I
D
J-1 Ordinance to DECLARE 118 West Lane to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
be in EXCESS of City's CONSENT
needs/AUTHORIZE conveyance to
Darrell/Jessica Shay Edwards. DISTRICT
6-BEACH
2 Resolution to DIRECT a petition for a ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Writ oTS ecial Election on 11/4/14 CONSENT
3 Resolution to UPDATE Ciry Council ADOPTED, BY 10-1 Y Y Y Y Y N Y Y Y Y Y
Policy re "Guidelines for Evaluation of CONSENT
Investment Partnerships for Economic
Develo menY"
4 Ordinances re Harbour Point Neighborhood ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Dredging SSD: CONSENT
a. AMEND the City Code to
CREATE SSD/LEVY additional
taxes within SSD
b. CREATE/APPROPRIATE/
TRANSFER funds re engineering/
desi n work
5 Ordinances to ACCEPT/APPROPRIATE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
funds from U.S. Homeland Securiry to Fire CONSENT
Deparhnent:
a. $22,000 re Hazardous Materials
Team
b. $25,000 re Heavy Tactical Rescue
Team i
6 Ordinance to APPROPRIATE $33,727 ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y'
from the Oyster Hentage Trust Fund to CONSENT
Planning/Community Development to
iucrease the oyster habitat/continue
Oyster Shell Recycling program
CITY OF V/RGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
R
O
S
DATE: 01/14/2014 PAGE: 3 S-
H S
AGENDA H M A E W
ITEM # SUBJECT MOTION VOTE E J A M S U I
D N O K R M M S H L w'
Y L N A T O O O R S
O
E E E N I S N M 1 O O
L R Y S E N S D S N N D
K-l.a Applications for Nonconforming Uses: APPROVED/ 11-0 Y Y Y Y N Y Y Y Y Y Y
CONDITIONED
BY CONSENT
BARBARA T. GRANT re structure at 308
45`" Street DISTRICT 6- BEACH
b WAYNE BEAGLE re dormers at 103 Ash A'PROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
Avenue CONDITIONED
BY CONSENT
DISTRICT 5- LYNNHAVEN
c ERIK HOMES, LLC re enlargement of APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
CONDITIONED
structures: BY CONSENT
(l) 215 5 1 " Street
(2) 316 34th Street
DISTRICT 6 - BEACH
2 CAPE HENRY COLLEGIATE MODIFIED AS 1 1-0 Y Y Y Y Y Y Y Y Y Y Y
SCHOOL Modification of CUP to allow CONDITIONED
increased height of lighting for Field No. 1 BY CONSENT
at 1320 Mill Dam Road DISTRICT 5-
LYNNHAVEN
3 OUTDOOR VENTURES- VIRGINIA APPROVED AS 11_0 Y Y Y Y Y Y Y Y Y Y Y
BEACH, LLC CONDITIONED
, (CONDITION #5
DISTRICT 6 - BEACH: REVISED)
BY CONSENT
a. CO"L from Conditional I-1 to P-l at
South Birdneck/Bells Road
b. CUP re outdoor recreation at 717/
801 General Booth Boulevard
4 CITY: APPROVED, BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y
CONSENT
a. ALLOW Antique Shops as
Conditional Use in AG-1/AG-2
b. AMEND Section 1ll (`Definitions')
of CZO re dwellings
c. AMEND Section 201 of CZO re
tlood protection
d. AMEND Comp Plan re Urban
Forest Mana ement Plan
CORRECT FROM DEC 10. 2013
NVR, ING MUNDEN LAND, LLC 9-0 Y Y Y N/ N/ Y Y Y Y Y Y
Modi?cation of Proffer No. 7 on a nin?Tnnin
A
A
Conditional COZ (2006) at 2076 Princess APPROVED
Anne Road DISTRICT 7- PRINCESS
ANNE
CITY OF VIRCINIA BEACH
SUMMARY OF COUNCIL ACTIONS
R
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S
DATE: 01/14/2014 PAGE: 4 S-
H S
AGENDA H M A E W
1TEM # SUBJECT MOTION VOTE E J A M S U 1
D N O K R M M S H L W
Y L N A T O O O R S
O
E E E N 1 S N M I O O
L R Y S E N S D S N N D
L APPOINTMENTS RESCHEDULED B Y C O N S E N S U S
CHESAPEAKE BAY
PRESERVATION AREA BOARD
HISTORIC PRESERVATION
COMMISSION
PERSONNELBOARD
PLANNING COMMISSION
PROCESSIMPROVEMENT
STEERING COMMITTEE
RESORT ADVISORY
COMMISSION
SOUTHEASTERN PUBLIC
SERVICE AUTHORITY
TRANSITION AREA/ITA TRAFFIC
AREA CITIZENS ADVISORY
COMMITTEE
VIRGINIA BEACH COMMUNITY
DEVELOPMENT CORPORATION
VBCDC
PLANNING COMMISSION Appointed: 4 year 1 1-0 Y Y Y Y Y Y Y Y Y Y Y
term 0 1/0 1/2014 -
12/31/2017
E. Ross Brockwell
- Rose Hali
District,
David Weimer-
Kempsville
District
MM/O ADJOURNMENT 6:20 PM
PUBLIC COMMENT 621-6:57 PM - 1 I
Speakers