The URL can be used to link to this page

DECEMBER 2, 2014 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 SHANNON DS KANE, Rose Hall - District 3 BRAD MARTIN, P.E., At Large JOHN D. MOSS, At Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK -- RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 02 DECEMBER 2014 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.com MAYOR WILLIAM D. SESSOMS, JR. PRESIDING CITY COUNCIL BRIEFINGS - Conference Room - A. IMPACT OF STUDENT HOMELESSNESS ON SCHOOL PERFORMANCE Thaler McCormick, CEO ForKids II. CITY MANAGER BRIEFINGS A. RATING AGENCY CREDIT EVALUATIONS for Key Projects Patti Phillips, Director, Finance Department B. PENDING PLANNING ITEMS Jack Whitney, Director, Planning Department III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 3:00 PM 5:00 PM VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Captain Duane Burleigh Administrator, The Salvation Army C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC COMMENT 1. ARENA DEVELOPMENT November 25, 2014 I. ORDINANCES/RESOLUTION 1. Resolution to REFER to the Planning Commission an Ordinance to AMEND the Comprehensive Plan with Amendments to Chapter 4 (Princess Anne and Transition Area) 2. Ordinances re Schools: a. ESTABLISH Capital Project and APPROPRIATE $12,198,743 in Reversion Funds 1. $ 516,300 CIP fund for the Green Run Collegiate Project 2. $11,682,443 to the School Reserve Special Revenue Fund to address: a. Anticipated Operating Budget shortfall in FY 2016 b. Emergency expenditures of a non-recurring nature c. Other fiscal emergencies 3. TRANSFER $1,095,712 re: Technology and Instruction: a. $540,731 from the Operations and Maintenance to Technology b. $335,921 from Instruction to Technology c. $205,560 from Transportation to Technology d. $ 13,500 from Administration to Instruction 3. Ordinances to ACCEPT and APPROPRIATE: a. $150,000 from FY 2015 ECCS Public Safety Answering Point (PSAP) Grant re training b. $2,000 from the Wireless Education Grant re State-sponsored conferences c. $47,373 from the Maritime Forest Trust Fund re the Live Oak Program d. $ 7,147 from the Living Shorelines Trust re living shorelines 4. Ordinance to TRANSFER $1,939,291 re Completed Capital Projects: a. $1,084,291 City's Site Acquisition b. $ 600,000 Repairs to the Collier Building c. $ 255,000 Old Donation Center/Kemps Landing Magnet School J. PLANNING 1. Applications for Variances to Subdivison Regulations: a. MOISON DEVELOPMENT, LLC Sections 4.4 (b) and 4.4 (d) re dwelling units at 1032 Fleming Drive DISTRICT 6 - BEACH RECOMMENDATION APPROVAL b. GARRETT A. and BERNADETTE P. ALCARAZ Section 4.4 (b) re lots at 3075 Bray Road DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Application of STRAWBRIDGE ANIMAL CARE for a Conditional Use Permit re an Animal Hospital/Veterinary Establishment at 2400 Castleton Commerce Way DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 3. Application of BEACH MOTOR SPORTS for a Conditional Use Permit re small engine repair and service at 2976-80 Virginia Beach Boulevard DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 4. Application of STEVE BARNES for a Conditional Use Permit to expand a Farm Stand at 1076 Sandbridge Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 5. Applications of JOHN D. and RANDI VOGEL and HUNT CLUB FARM at 2388 London Bridge Road DISTRICT 7 — PRINCESS ANNE a. Change of Zoning from AG -2 Agricultural and Conditional B-2 Community Business to Conditional B-2 Community Business b. Modification of Conditions (approved October 22, 1991, May 23, 2000, November 9, 2004, April 12, 2005, November 24, 2006, October 23, 2007 and July 8, 2008) to expand their outdoor recreation and entertainment operation RECOMMENDATION APPROVAL 6. Applications of KING FARMS, LLC at 2852 and 2876 West Neck Road DISTRICT 7 — PRINCESS ANNE a. Change of Zoning from AG -1 and AG -2 Agricultural Districts to Conditional PD -H2 Planned Development (R-20 Residential) and P-1 Preservation Districts re single family units b. Floodplain Variance in the Transition Area RECOMMENDATION APPROVAL 7. Ordinances to AMEND the City Zoning Ordinance (CZO) a. Section 208 re portable storage containers for special events b. Article 2 ADDING Part H, Sections 280 through 283 and Sections 602, 702, 802, 902, and 1002 re street setbacks within SGA Areas RECOMMENDATION APPROVAL K. APPOINTMENTS BUILDING CODE OF APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION BOARD COMMUNITY POLICY and MANAGEMENT TEAM COMMUNITY SERVICES BOARD — CSB HAMPTON ROADS PLANNING DISTRICT COMMISSION — HRPDC HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION L UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ***************************** PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* i CITY COUNCIL MEETING REMAINDER OF 2014 DECEMBER 9TH INFORMAL AND FORMAL SESSION CITY COUNCIL WINTER RETREAT Brock Environmental Center 3663 Marlin Bay Drive Bayside District February 5-6, 2015 8:30 AM to 5:00 PM 2014 CITY HOLIDAYS Christmas Eve (half-day) - Wednesday, December 24 Christmas Day - Thursday, December 25 1 CITY COUNCIL BRIEFINGS - Conference Room - 3:00 PM A. IMPACT OF STUDENT HOMELESSNESS ON SCHOOL PERFORMANCE Thaler McCormick, CEO ForKids II. CITY MANAGER BRIEFINGS A. RATING AGENCY CREDIT EVALUATIONS for Key Projects Patti Phillips, Director, Finance Department B. PENDING PLANNING ITEMS Jack Whitney, Director, Planning Department III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Captain Duane Burleigh, Administrator The Salvation Army C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 25, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC COMMENT 1. ARENA DEVELOPMENT I. ORDINANCES/RESOLUTION 1. Resolution to REFER to the Planning Commission an Ordinance to AMEND the Comprehensive Plan with Amendments to Chapter 4 (Princess Anne and Transition Area) 2. Ordinances re Schools: a. ESTABLISH Capital Project and APPROPRIATE $12,198,743 in Reversion Funds 1. $ 516,300 CIP fund for the Green Run Collegiate Project 2. $11,682,443 to the School Reserve Special Revenue Fund to address: a. Anticipated Operating Budget shortfall in FY 2016 b. Emergency expenditures of a non-recurring nature c. Other fiscal emergencies 3. TRANSFER $1,095,712 re: Technology and Instruction: a. $540,731 from the Operations and Maintenance to Technology b. $335,921 from Instruction to Technology c. $205,560 from Transportation to Technology d. $ 13,500 from Administration to Instruction 3. Ordinances to ACCEPT and APPROPRIATE: a. $150,000 from FY 2015 ECCS Public Safety Answering Point (PSAP) Grant re training b. $2,000 from the Wireless Education Grant re State-sponsored conferences c. $47,373 from the Maritime Forest Trust Fund re the Live Oak Program d. $ 7,147 from the Living Shorelines Trust re living shorelines 4. Ordinance to TRANSFER $1,939,291 re Completed Capital Projects: a. $1,084,291 City's Site Acquisition b. $ 600,000 Repairs to the Collier Building c. $ 255,000 Old Donation Center/Kemps Landing Magnet School C CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — A Resolution Referring to the Planning Commission an Ordinance to Amend the Comprehensive Plan by Adopting Amendments to Chapter 4 (Princess Anne & Transition Area) of the Policy Document Including the Description and General Issues Affecting Development in the Transition Area, the Vision Statement, Development and Design General Policies, Open Space and Recreation, Infrastructure, Residential Development Policies and Nonresidential Development Policies and an Ordinance to Amend the Transition Area Design Guidelines and Incorporate Them by Reference into the Comprehensive Plan Pertaining to General Physical Design Principles, Residential Development, Design Character of Special Places in or near the Transition Area, Glossary of Terms and Updated Trails and Open Space Network Map MEETING DATE: December 2, 2014 • Background: The agenda for the Planning Commission's November 12 Public Hearing included proposed amendments to the Comprehensive Plan pertaining to the Transition Area. Councilmember Henley requested that these amendments be brought before the City Council as soon as possible after November 12. Staff advertised these items for the City Council's December 2, 2014 meeting. To meet the legal advertising requirements for the December 2, 2014 meeting, the legal advertisement had to be submitted to the newspaper prior to the November 12 Planning Commission meeting. • Considerations: The Planning Commission, after considering the proposed amendments during its November 12th public hearing, concluded that the amendments should be part of the recently commenced process of reviewing and amending the Comprehensive Plan. This process is expected to be completed in the Summer of 2015. As a result, the Planning Commission indefinitely deferred the proposed Transition Area amendments and did not provide any recommendation. ■ Alternatives: As a result of the Planning Commission's deferral of these items, Council may not act on these Ordinances today. The City Council may choose to allow the proposed amendments to await consideration with the Comprehensive Plan review or it may refer the amendments in writing to the Planning Commission in accordance with Virginia Code Section 15.2-2229 and provide a deadline for the Planning Commission to render a recommendation on the proposed amendments. The attached Resolution would refer the amendments to the CITY OF VIRGINIA BEACH REFER TO PLANNING COMMISSION AMENDMENTS TO THE COMPREHENSIVE PLAN Page2of2 Planning Commission and require its action within 60 days should Council elect to pursue that option. • Attachments: Proposed Resolution Proposed Ordinance and amendments to the Comprehensive Plan Proposed Ordinance and amendments to the Transition Areas Design Guidelines Submitting Department/Agency: Planning Department City Manager: V , 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION AN ORDINANCE TO AMEND THE 3 COMPREHENSIVE PLAN BY ADOPTING AMENDMENTS TO 4 CHAPTER 4 (PRINCESS ANNE & TRANSITION AREA) OF 5 THE POLICY DOCUMENT INCLUDING THE DESCRIPTION 6 AND GENERAL ISSUES AFFECTING DEVELOPMENT IN 7 THE TRANSITION AREA, THE VISION STATEMENT, 8 DEVELOPMENT AND DESIGN GENERAL POLICIES, OPEN 9 SPACE AND RECREATION, INFRASTRUCTURE, 10 RESIDENTIAL DEVELOPMENT POLICIES AND 11 NONRESIDENTIAL DEVELOPMENT POLICIES AND AN 12 ORDINANCE TO AMEND THE TRANSITION AREA DESIGN 13 GUIDELINES AND INCORPORATE THEM BY REFERENCE 14 INTO THE COMPREHENSIVE PLAN PERTAINING TO 15 GENERAL PHYSICAL DESIGN PRINCIPLES, RESIDENTIAL 16 DEVELOPMENT, NONRESIDENTIAL DEVELOPMENT, 17 DESIGN CHARACTER OF SPECIAL PLACES IN OR NEAR 18 THE TRANSITION AREA, GLOSSARY OF TERMS AND 19 UPDATED TRAILS AND OPEN SPACE NETWORK MAP 20 21 WHEREAS, the public necessity, convenience, general welfare and good zoning 22 practice so require; 23 24 WHEREAS, the Transition Area/Interfacility Traffic Area Citizens' Advisory 25 Committee has reviewed the Transition Area Design Guidelines ("Guidelines") and the 26 Policy Document of the Comprehensive Plan and has recommended revisions that are 27 reflected in the attached proposed revisions for the Transition Area; and 28 29 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 30 VIRGINIA: 31 32 There are hereby referred to the Planning Commission, for its consideration and 33 recommendation, proposed amendments to the Transition Area Design Guidelines and 34 Chapter 4 of the Policy Document of the Comprehensive Plan, pertaining to the Transition 35 Area. A true copy of such proposed amendments is hereto attached. 36 37 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 38 BEACH, VIRGINIA: 39 40 That the Planning Commission be, and hereby is, directed in accordance with 41 Virginia Code Section 15.2-2229 to transmit to the City Council its recommendation I 42 concerning the aforesaid amendments no later than sixty (60) days after the date of the 43 adoption of this Resolution. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED PSS TO LEGAL SUFFICIENCY: _ C� City o ney's Office CA13174/R-1/November 21, 2014 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN BY ADOPTING AMENDMENTS TO CHAPTER 4 3 (PRINCESS ANNE & TRANSITION AREA) OF THE 4 POLICY DOCUMENT INCLUDING THE DESCRIPTION 5 AND GENERAL ISSUES AFFECTING DEVELOPMENT IN 6 THE TRANSITION AREA, THE VISION STATEMENT, 7 DEVELOPMENT AND DESIGN GENERAL POLICIES, 8 OPEN SPACE & RECREATION, INFRASTRUCTURE, 9 RESIDENTIAL DEVELOPMENT POLICIES AND 10 NONRESIDENTIAL DEVELOPMENT POLICIES 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 WHEREAS, the Transition Area/Interfacility Traffic Area Citizens' Advisory 16 Committee has reviewed the Policy Document of the Comprehensive Plan and has 17 recommended revisions that are in keeping with their vision of the Transition Area; and 18 19 WHEREAS, these revisions are reflected in the attached document entitled 20 "Revisions to 2009 Comprehensive Plan Policy Document, Chapter 4: Princess Anne & 21 Transition Area, November 2014"; and 22 23 WHEREAS, the attached revisions to the Policy Document should be adopted as 24 part of the Comprehensive Plan. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 30 amended and reordained by: 31 32 The revision of the Policy Document as shown on the attached document entitled 33 "Revisions to 2009 Comprehensive Plan Policy Document, Chapter 4: Princess Anne 34 & Transition Area, November 2014." Such document is made a part hereof, having 35 been exhibited to the City Council and is on file in the Department of Planning. 36 37 COMMENT 38 39 The ordinance amends the Comprehensive Plan by the adoption of the revisions 40 recommended by the Transition Area/ITA Citizens' Committee for the Transition Area. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on this 43 day of 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planni i-partment CA13146 R-3 November 21, 2014 2 City Attorneys Office Revisions to 2009 Comprehensive Plan Policy Document Chapter 4: Princess Anne & Transition Area November 2014 (Pages 4-1 et subseq. of the Policy Document: Text to be deleted is shown as &tril added is shown as underlined. Maps to be inserted are noted in bold.) �' Text to be CHAPTER FOUR - PRINCESS ANNE & TRANSITION AREA chapter tour PRINCESS ANNE & TRANSITION AREA p. 4-1 et subseq. PRINCESS ANNE AND TRANSITION AREA PRINCESS ANNE/TRANSITION AREA ➢ Quality Development ➢ Planned Mix of Public and Private Uses ➢ Exceptional Open Spaces ➢ Design with Nature 1 PRINCESS ANNE & TRANSITION AREA West Neck Creek Natural Area USA Field Hockey - Sportsplex Signature Golf Course Princess Anne and the Transition Area ares strategically located below the 'Green Line,' between the more Urbanized region Suburban Area of the City to the north and the rural arcs Rural Area to the south. This area remains is an important component of the City's overall smart growth land use planning strategy. The 'Green Line' is the boundary between the more densely populated and higher intensity urban and suburban land use areas of the City to the north, which are intended to be served by a full range of public infrastructure and services, and the less -populated lower density, recreational and rural areas to the south, which are characterized by an abundance of natural resources, larger open spaces, including federal, state and local parks, and the City's prime agricultural lands. It is not the intent of this Comprehensive Plan for Princess Anne or the Transition Area to become part of the urbanized area north of the Green Line. Nor is it intended that the Transition Area be limited to the very low densities appropriate for Rural Area preservation. 2 R 1 • rr/ DAM NECK Rl Green Line Princess Anne Transition Area OHistoric Princess Anne Center eRroGE RO al City Property 0 Interfacility Traffic Area (ITA) AICUZ Noise Zones __ Proposed Southeastern Parkway Princess Anne RO6R, 9�S r0 fiN t Rp r e a Princess Anne & Transition Area Princess Anne, shown on the next page, consists of what was, in prior Comprehensive Plans, the western portion of the Transition Area and the North Princess Anne SGA. With the December 2005 amendments to the Comprehensive Plan, this area was identified as being within the Interfacility Traffic Area (ITA) high noise zone between NAS Oceana and NALF Fentress. One of the principal effects of this new designation was to reduce the residential density to what could be achieved by -right with Agricultural zoning (one unit per 15 acres), due to the incompatibility of residential uses in a high noise zone. A second effect was an increase in the area owned by the City of Virginia Beach, as the City and U.S. Navy began a program of purchasing property voluntarily offered to the City. Despite these land use constraints, the City recognized unique opportunities in this area and developed the ITA and Vicinity Master Plan to identify the vision for this it. The full ITA and Vicinity Master Plan can be found in the online document library at www.vbgov.com/Planning. The ITA and Vicinity Master Plan was prepared with effective community involvement to provide planning policy guidance in the areas of land use, transportation, environmental stewardship, infrastructure, public service delivery, economic vitality, Air Installation Compatibility Use Zone (AICUZ1 compatibility, housing and community design. Specific policies from this plan are provided later in this chapter. The ITA and Vicinity Master Plan's implementation strategy states that the ITA, which is regulated by the AICUZ Overlay Ordinance and associated zoning, is an integral part of Princess Anne. The Master Plan's vision framework continues to move the Princess Anne area forward in a direction that reflects the area's history, is sensitive to the environment, and acknowledges existing assets already in place for those portions of this special area where the Comprehensive Plan was previously silent or 3 without guidance. More recently adopted land use patterns have now made this area more compatible with the operations of the airfields in the region. In furtherance of this goal, establishing the entirety of the area addressed in the ITA and Vicinity Master Plan as "Special Economic Growth Area 4 (SEGA 4) - Princess Anne" recognizes the land development constraints and economic opportunities associated with this area's location within a military aircraft overfly zone. Municipal Center - City Hall Virginia Beach Ampitheater More specifically, the ITA and Vicinity Master Plan vision prioritizes strengthening development nodes along the Princess Anne Corridor. In areas where residential uses fall outside of restricted AICUZ zones, vibrant mixed-use districts are envisioned where people can live, work, and recreate within walking distance to services and gathering spaces. Because much of the development focuses on concentrated uses, campus models can create a beautiful, interconnected character for the area. This tradition is already present in the current Municipal Center, the North Princess Anne Commons, Sportsplex, Sentara Hospital Complex, and College Campuses. The intent is to reinforce and infill these campuses and to create new clusters and quadrangles for research and development, religious facilities, and incubator and medical offices. There was strong support for integrating these centers for research and green technologies. Thoughtful implementation of this vision will position SEGA 4 — Princess Anne and Virginia Beach as a leader in sustainable urban edge economic development. Specific recommendations for SEGA 4 — Princess Anne are presented later in this chapter. In sum, the Princess Anne area of the City offers a unique opportunity for educational, entertainment, recreational, habitat preservation, and quality economic development opportunities. The policies of this Comprehensive Plan have been designed to ensure that Princess Anne continues to be a well-planned area. It is a true jewel within Virginia Beach. The full ITA and Vicinity Master Plan can be found in the online document library at www.ourfuturevb.com. In sum, the Princess Anne area of the City offers a The remainder of the original Transition Area consists of the area bordered by lies to the east of Princess Anne. It consists of approximately 5,900 acres and is bounded by Princess Anne and Sandbridge Roads 4 along the 'Green Line' to the north, North Landing Road and the Princess Anne area border to the west to the Princess Anne border, Indian River Road to the south, and New Bridge Road to the east. {Sec map next page.) The Transition Area is impacted by AICUZ high noise zones to a lesser extent than Princess Anne and the ITA and, therefore, is more suitable for a limited amount of residential development. It is characterized by several high quality neighborhoods that include significant open space and recreational areas, including City park facilities, golf courses, public trails, and equestrian centers. Commercial development is primarily located at major intersections. Some lands remain under cultivation or in minerals extraction. Approximately 30% of the Transition Area is City -owned parkland or contains soils that are defined by the City Zoning Ordinance as being undevelopable. The area is served primarily by rural roads, some of which are proposed to be improved over time, as indicated in the Master Transportation Plan. Indian River Road is designated as a "State Scenic Byway" and is a recommended "greenway" in the City's Green Sea Blueway and Greenway Management Plan. Public utilities are intended to be extended through private development in a phased, orderly manner on a cost - participation basis. The western part of the Transition Area is bisected by the City -owned West Neck Creek Park corridor, a major natural corridor. The eastern part of the Transition Area, east of Princess Anne Road, is low-lying and prone to flooding from sheet flow, wind -driven tides, increasingly rising waters, and limited drainage infrastructure. Hydric soils and a high water table limit development opportunities in this area. The eastern edge of this area is close to the headwaters of Back Bay and the Back Bay National Wildlife Refuge. Both the West Neck Creek Park corridor and Back Bay help define the Transition Area and provide unparalleled amenities for those who reside in or visit the area for recreational purposes. Canoeists in West Neck Creek Park Corridor Transition Area Roadway Buffer and Public Trail System 5 Transition Area Neighborhood The vision framework for the Transition Area is a distinct place with inherently unique environmental characteristics and constraints that must be carefully considered when designing for development. Development policies for the Transition Area are not intended to be a continuation of the higher density development patterns and form found in the Suburban and Urban Areas to the north. Rather, they enable a more limited type of development, with its own development standards suitable to the character of the Transition Area, where greater integration of natural resources and more open space is planned to respect and protect the unique natural character of the area and to enable a true transition into the Rural Area to the south. Since the Transition Area is meant to serve as a buffer between the City's Suburban and Rural Areas, it should provide an apparent visual shift from suburban development character and form to rural development character and form as one travels from north to south. Therefore, development in the Transition Area will reflect a noticeable transitional pattern with contiguous and unified open space throughout, also in keeping with the accompanying Transition Area Design Guidelines, which are adopted by reference as part of this Comprehensive Plan and are available in the online document library at www.vbgov.com/Planning. These guidelines articulate a high quality, 'Rural Transitional' design theme, unique to the Transition Area vision. The Transition Area policies and Design Guidelines also support the Virginia Beach Outdoors Plan by emphasizing trail connectivity and emphasizing preservation of open space, waterways, other natural resources. Specific policies and general recommendations for the Transition Area are presented later in this chapter. north of the Green Linc. Nor is it intended that the Transition Area be limited to the very low densities appropriate for rural growth. Adopted land use patterns have now made this area more compatible with the operations of the Comprehensive Plan was previously silent or without guidance. In furtherance of this goal, establishing /l (SEGA 1) Princess Anne" recognizes the land development constraints and economic opportunities associated with this area's location within a milita+y aircraft overfly C-enwrehensive Plan have been designed to ens recommendations. 6 PRINCESS ANNE/TRANSITION AREA GENERAL RECOMMENDATIONS Unless otherwise addressed in this chapter, proposed developments in these areas should conform to the following planning recommendations designed for general application: Continue the tradition of high quality development by adhering to the planning and design principles cited in the 'Transition Area Design Guidelines'. Adhere to a maximum average calculated density of one dwelling unit per acre, except where otherwise recommended. Cluster uscs in a creative manner to minimize impervious surfaces, protect open spaces and optimize site amenity and design opportunities. Recognize that, when completed, Nimmo Parkway will be the major cast west arterial roadway in this area, transforming North Landing Road to a minor collector role. berms, trees, buffers and trails to create safe, acce.rible and attractive roadway corridors and internal green space. r Design with nature by cr ating site plans that respect and showcase valued natural resources. Use all available resources including those provided by the City's Historic Review Board and Historic Preservation Commission as well as the Princess Anne County/Virginia Beach Historical Society to preserve designated historic resources. i- Efforts to retain these historic resources should be accomplished in a responsible and innovative manner. The efforts include providing land use planning guidance and tax credit assistance to owners of historic properties in order to help protect and preserve thc City's limited number of valuable historic resources and surrounding open space areas. Historical Register program and receive recognition for their contributions to our City's heritage. Incorporate into all public and private development plans a well planned system of multipurpose trails, greenways and other linkages, especially with regard to the Stumpy Lake Back Bay Greenway, to implement the strategic goals of the adopted Outdoors Plan. This Plan is available in the online document library at www.ourfuturevb.com. Demonstrate that thc capacity of roadways and other infrastructure in the Transition Area can adequately support the demand placed on them by discretionary development proposals. the standards set for thc Leadership in Energy and Environmental Design (LEEDTM) 'Certified' rating. program and AICUZ provisions. 7 SPECIAL ECONOMIC GROWTH AREA 4 (SEGA 1) PRINCESS ANNE A majority of SEGA 1 Princess Anne is located between Princess Anne Road and Indian River Road. This arca is divided into three parts: North Princess Annc Commons, Central Prince's Anne Commons, and Indian River Road. In January 2010, the City began work on a Master Plan for the Interfacility Traffic Area (ITA) and Vicinity. As with other area plans, the process relied heavily on input from the public, property owners, business community, City leadership, as well as the Navy. Although thc planning process was similar to that used for the Strategic Growth Areas, the ITA and Vicinity is not a Strategic Growth Area and therefore should not compete with economic development activity intended for the SGAs. Rather, this area is established as Special Economic Growth Area 4 (SEGA 4) Princess Anne, recognizing thc land development constraints and economic development opportunities associated with this area's location within a military aircraft overfly zone. This arca will focus on providing locations for rural or campus Tike development that may not be suitable in a more urban setting. More specifically, the /TA and Vicinity Master Plan vision prioritizes strengthening development nodes uses, campus models can create a beautiful, interconnected character for the area. This tradition is already present in the current Municipal Center, thc North Princess Anne Commons, Sportsplex, Sentara inforce and infill these campuses and to and medical offices. There was strong support for integrating these centers for research and green technologies. Thoughtful implementation of this vision will position SEGA 4 Princess Annc and Virginia Breach as a leader in sustainable urban edge economic development. 8 p. 4-6 et subseq. SPECIAL ECONOMIC GROWTH AREA 4 (SEGA 4) - PRINCESS ANNE DESCRIPTION The ITA and Vicinity Arca Special Economic Growth Area 4 (SEGA 4) — Princess Anne includes the actual ITA, which spans the area between NAS Oceana and NALF Fentress, as well as additional surrounding areas including the northwest corner of Princess Anne Commons east of the Green Line, the undeveloped area north of the Green Line, and most of the Princess Anne Historic and Cultural District to the east. Special Economic Growth Area 4 (SEGA 4) — Princess Anne SPECIAL ECONOMIC GROWTH AREA 4 (SEGA 4) — PRINCESS ANNE: GENERAL RECOMMENDATIONS Special Economic Growth Area 4 (SEGA 4) — Princess Anne was designated as a SEGA, recognizing the land development constraints and economic development opportunities associated with this area's location within a military aircraft overfly zone. This area will focus on providing locations for rural or campus -like development that may not be suitable in a more urban setting. While recognizing that some land use adjustments are appropriate to accomplish strategic public outcomes and adapt to changes to implement the Oceana Land Use Conformity program, proposed developments within SEGA 4 - Princess 9 Anne should adhere to the following general recommendations, unless otherwise addressed in this chapter: ➢ Strive to achieve 50% open space with extensive connectivity throughout ITA and Vicinity ➢ Protection of most sensitive land ➢ Residential development limited to areas outside of AICUZ restricted areas ➢ Mixed use town center style development in the Municipal Center and Historic/Cultural District ➢ Low -impact campus style development for work, education, research, recreation and worship (remainder of ITA and Vicinity Area) ➢ Guidelines for building types to ensure appropriate quality and character ➢ Expansion of suburban infrastructure in northern but not southern part of ITA and Vicinity Area south of Indian River Road • Development remains limited along existing unimproved infrastructure Potential for extension of mass transit service to Princess Anne Commons and the Municipal Center SEGA 4 — Princess Anne is divided into several subareas: North Princess Anne Commons/Princess Anne Commons, Central Princess Anne Commons, South Princess Anne Commons, Historic Princess Anne Center, Interfacility Traffic Area, Municipal Center, Historic/Cultural District, Princess Anne Corporate Park, Brown Farm Area, and Sustainable Laboratory Services. Princess Anne Transam Area OHtslonc Princess Anne Cenlei . City Property 0 lntertaugty Traffic Area (ITA) AICUZ Nose Zones Proposed Southeastern Parkway SPECIAL ECONOMIC GROWTH AREA 4 (SEGA 4) - PRINCESS ANNE 10 NORTH PRINCESS ANNE COMMONS ATHLETIC VILLAGE ACADEMIC VILLAGE MEDICAL VILLAGE Sportsplex (Athletic Village) em. ma griti t.w.• Ml••/ ALVAt ?YJ) TEU1tK LOUY, •wrrIlVit 1 Advanced Technology Center (Academic Village) Sentara Princess Anne Hospital (Medical Village) The location of North Princess Anne Commons is primarily located southwest of the intersection of Rosemont Road and Dam Neck Road, east of the single-family residential development of Salem Lakes, north of Landstown Road, and encompassing the Virginia Beach National Golf Course. 11 r Integrate carefully planned landscaping and open spaces. The design of new or improved roadways located within or approaching this Center must reflect exceptional quality in keeping the character of this historic area. Improve mobility by limiting roadway access points along arterials and adhere to the recommendations of the Princess Anne Corridor Study (document available in the online document library at www.vbgov.com/Planning). Direct private access to Princess Anne Road will not be permitted except when the property in question has no other reasonable access to the circulation system as it is part of the City's Access Controlled road network, identified on page 6-8. 16 Historic Princess Anne Center 17 % • •• •• a,:.,,,,,„4y • ., • ,'t ‘1011°1 • i !y.,: a a 41,-V♦ • • • • • • �' \. � , yi C. 06 ♦`i t, ♦ � \.t � F11`• � -� r •r l -. •gid i: • : li7r, \ ~ r • I 1 ::4G Pe 0t .. ' .$:ii : SaAO Ntel I` r . ,' Historic Princess Anne Center _ r Historic and Cultural District Historic Princess Anne Center 17 INTERFACILITY TRAFFIC AREA The Interfacility Traffic Area (ITA) is a product of the Hampton Roads Joint Land Use Study and the City's Oceana Land Use Conformity program. The ITA was created in 2005 to address land use compatibility issues associated with frequent overflights of military jets in this part of the City. The boundary of the ITA generally overlaps 'The Princess Anne Commons' and includes portions of the Transition Area impacted by noise zones at or greater than 65 DNL. The planning policies affecting the ITA have been carefully written to achieve compliance with the provisions of the City's adopted Oceana Land Use Conformity program. The entire Interfacility Traffic Area is subject to certain development limitations due to jet noise restrictions and must be carefully planned to achieve a coherent and compatible land use pattern. Of the roughly 4400 acres within this special area, less than half are developable due to the presence of water, wetlands, existing development or other constraints. The Southeastern Parkway is planned to traverse the ITA in a northeast to southwest direction and will include interchanges at Princess Anne and Indian River Roads. INTERFACILITY TRAFFIC AREA RECOMMENDATIONS In addition to the General Recommendations for the Transition Area, see below, the following specific recommendations apply to the Interfacility Traffic Area: Adhere to the provisions of the Oceana Land Use Compatibility and AICUZ programs that include: • Limiting maximum residential density to that allowed 'By right' under existing zoning. • Promote business growth that aligns with the City's economic growth strategy and conforms to the Oceana Land Use Conformity program. • Promote acquisition of land from willing sellers along the corridor of the North Land River and its tributaries to protect valued natural resources and increase participation in the Navy's 'Encroachment Partnering' program. r Properties within the Interfacility Traffic Area located south of the proposed Southeastern Parkway that front on Princess Anne Road are planned for office, educational, institutional and other AICUZ compatible uses. Parcels should be consolidated to provide more attractive, well planned, and efficient use of land. Such unified development should utilize reverse frontage access with internal roadway links to existing points of access on Princess Anne Road or, where available, by connecting to other tracts of land that afford access to Nimmo Parkway. No new access points to Princess Anne Road are recommended for properties that develop in this unified fashion. • Complete right-of-way acquisitions needed to build the Southeastern Parkway. Ensure that future infill uses within the Princess Anne Commons complement the activity and quality of existing public venues. • Direct private access to Nimmo Parkway or Princess Anne Road will not be permitted except when the property in question has no other reasonable access to the circulation system as it is part of the City's Access Controlled road network, identified on page 6-8. 18 MUNICIPAL CENTER The Municipal Center provides the opportunity for development that is not affected by the AICUZ restrictions. By capitalizing on this opportunity and introducing the potential for infill development, a variety of options is created. ➢ Capitalize on historic character and buildings in the Municipal Center ➢ Create structured parking decks to free land for development ➢ Line streets and spaces with new mixed use buildings to create a consistent pedestrian network ➢ Introduce a mix of residential units into the district to enliven the complex around the clock and provide attainable housing for City workers Cumulative infrastructure impacts must be studied and the Capital Improvement Program amended for more intense development than what is considered in the Program Capacity Program Capacity: • Potential for 300,000 square feet of new office space for mixed-use or flexible government space Municipal Center - City Hall Municipal Center — Court Complex HISTORIC/CULTURAL DISTRICT There is a strong desire to restore and reinforce the district's historic character. Buildings are evaluated to determine whether renovation and reuse is feasible, and efforts are made to keep historic buildings when possible. Historic Princess Anne Courthouse 19 > Capitalize on historic character and buildings on North Landing Road > Focus parking behind buildings > Line streets and spaces with low-rise mixed use buildings of two and three stories > Focus attention on appropriate streetscaping elements to enforce the historic character including street lamps, planters, benches, and other elements > Develop consistent architectural character using Virginia precedents such as Williamsburg > Restore and reuse the Buffington House as a public or private community amenity > Preserve Courthouse building Program Capacity: Small footprint infill buildings along Princess Anne Road and North Landing Road Princess Anne Road in Historic/Cultural District - concept New development (retail and residential infill) in Historic/Cultural District - concept PRINCESS ANNE CORPORATE PARK Princess Anne Corporate Park supports ancillary uses to the medical and research institutions nearby in Princess Anne Commons and provides an opportunity for health and wellness related businesses. > Provide office and commercial development potential > for the City of Virginia Beach > Group buildings along streets and place parking behind to improve the quality of the pedestrian experience Employ landscaping and sustainable stormwater management techniques to "green" the development and link it to the trail and open space framework Cumulative infrastructure impacts must be studied and the Capital Improvement Program amended for more intense development than what is considered in the Program Capacity 20 Program Capacity: Potential for City -led development of two million square feet of office, research and light industrial space Strive to achieve 50% open space Multidisciplinary focus Aerial view concept - Princess Anne Corporate Park south of Princess Anne Road BROWN FARM AREA The farm formerly owned by the Brown family provides opportunity for institutional (e.g., church), retail, and office uses in a series of campuses centered around a town square. Development preserves open space and maintains a rural character. > Determine the appropriate level of development within the Transition Area of the City > Allow for development of a new church and accompanying school and recreation fields ➢ Tailor development patterns to types of users which fit market demand for this piece of land Cumulative infrastructure impacts must be studied and the Capital Improvement Program amended for more intense development than what is considered in the Program Capacity Extension of West Neck Parkway and Nimmo Parkway "Town Square" for church, retail, and office space Strive to achieve 50% open space 21 Program Capacity: ➢ Office and Research Campuses ➢ 75 acres: Church, schools, and athletic fields ➢ 200 acres: Campus development (potential for 2 million square feet) ➢ 244 acres: Open space and roads Concept aerial view - Brown Farm Area in ITA SUSTAINABLE LABORATORY AND SERVICES This 'Green Village' supports public and private uses, education, and civic groups focused on sustainability efforts. The area brings high profile research jobs and presence, helping reinforce Virginia Beach's image as a green city. ➢ New location for City Waste Management facility on Dam Neck Road ➢ Create a 'green village' with leasable space for green technology providers ➢ Encourage sustainable education and research ➢ Cumulative infrastructure impacts must be studied and the Capital Improvement Program amended for more intense development than what is considered in the Program Capacity Program Capacity: Potential for 100 acres for transfer station, storm debris, and biofuel facility 22 Concept aerial view of Sustainable Laboratory Services Area in the ITA 23 Special Economic Growth Area (SEGA 4) — Princess Anne — Conceptual aerial view Source: !TA & Vicinity Master Plan 24 TRANSITION AREA -residential neighborhoods that include significant open space ares. Much of the Transition Arca ha, The policies for the Transition Area support the Urban and Suburban Areas growth pattern goals and redevelopment opportunities in the area to the north above the Green Line, and the Rural Area preservation goals affecting the area to the south, below Indian River Road. The Transition Area policies also support the goals of the Southern Watershed Area Management Plan, the Green Sea Blueway and Greenway Management Plan, and the City's AICUZ zoning regulations. Furthermore, the policies support an appropriate mix, intensity and scale of high quality, residential and non-residential development, while sustaining our agricultural industry in this area and to the south. All open space areas should be connected by trails to provide for a continuous open space system throughout the Transition Area. All development in the Transition Area should be considered relative to its impact on current and planned infrastructure and to other discretionary development proposals. 25 Insert New Map • • • Green Line Trensry,n Area - Cry Properry lnmrfacniy Traffic Area tITAI QNCUZ Norse Zones Transition Area 26 TRANSITION AREA: GENERAL RECOMMENDATIONS To enable the vision framework and policies for the Transition Area, all new development and redevelopment in the Transition Area should adhere to the following general recommendations and the Transition Area Design Guidelines. Development & Uses: • Development should be creative and of high quality. • Uses should be limited to low -impact, low-density residential, low -intensity non-residential, open space and recreational, and agricultural, including row -crop farming and equestrian uses. • Uses should necessitate limited roadway improvements (e.g., turn lanes). • For residential development, a maximum average calculated density of up to and no more than one unit per developable acre can be earned through demonstrated conformance with the Transition Area Design Guidelines. Minimum lot sizes of 15,000 square feet are preferred. Lots sizes less than 15,000 square feet are appropriate if additional active open space location recommendations as set forth in the Design Guidelines are incorporated into the site design. Non-residential uses should be neighborhood -serving, scaled to support the needs of nearby residential neighborhoods, users of the Transition Area's open space and recreational areas, and agricultural users. ➢ Non -Residential uses should be limited to major roadway intersection locations. ➢ Development within floodplains is strongly discouraged. ➢ Ensure all development proposals conform to the provisions of the Oceana Land Use Conformity Program and AICUZ provisions in the Zoning Ordinance, the Southern Watersheds Area Management Plan and Ordinance, and all other applicable development regulations. Design Principles: Design with nature using low -impact development techniques and creative design to minimize impervious surfaces, protect natural resource areas and open spaces, address stormwater management requirements, and optimize site amenities. Open space should be deliberately included and designed as a site amenity in all development. Stormwater management techniques should be designed as site amenities and retention areas and should not be isolated behind buildings. Protect historic structures and sites and incorporate them into site design, either through preservation or adaptive reuse. Such extant structures and sites are reminders of the rural heritage and character of this part of the City. ➢ Residential and non-residential use design should reflect a "Rural Transitional" architectural theme (refer to the Transition Area Design Guidelines for examples). When developing in proximity to a designated "Special Place" (e.g., Municipal Center, Historic Nimmo Church, Pungo Village, and the Ecological Awareness Center at Back Bay), incorporate design elements that are prevalent in that Place to ensure compatibility (refer to Transition Area Design Guidelines for "Special Place" locations and descriptions). For residential development, parcel consolidation is encouraged for residential development to enable larger development sites that can be designed creatively. 27 Transition Area Neighborhood Neighborhood -serving business with context -sensitive design Transition Area Business Neighborhood -serving retail in Historic Nimmo Church area Non-residential site design should focus on providing an attractive streetscape view into the site from the roadway. Parking areas should be situated behind or on the side of buildings and should incorporate landscaping throughout the parking areas to enable bio -retention of stormwater runoff. Signage should be complementary in scale and style to the use, constructed of high quality and long-lasting materials, and externally -illuminated. Fencing should be of an open style to create or maintain a sense of open space throughout the Transition Area. Open Space and Recreation: For residential development, 50% of the developable area should be designed to provide a balance of both "active" and "passive" open space areas, which should be clearly designated, respectively, on the development plan. 28 For non-residential development, 30% of the developable area should be designed as open space and clearly designated on the development plan. Such open space should not be limited to stormwater management facilities. A well-planned system of multi-purpose public trails should be included in all development to provide non-vehicular mobility, recreational opportunities, and connectivity to the larger Transition Area Open Space and Trails Network. A balance of both "primary" and "secondary" trails should be provided and clearly designated on the development plan. p Open space and recreational areas, trailway design and connections should be designed to help implement the Transition Area Open Space and Trails Network and the goals of the City of Virginia Beach Outdoors Plan and the City's Green Sea Blueway and Greenway Management Plan. p Roadway buffers should be designated along selected roadways (as shown on the "Transition Area Open Space and Trails Network Master Plan" in the Transition Area Design Guidelines), containing both landscaping and a primary public multi-purpose trail within a public access easement, to provide for screening of development and to promote trail connectivity throughout the Transition Area. These buffers may be used for open space and residential density calculations. Residential open space design Roadway Buffer with Primary Trail 29 Infrastructure: Availability and adequacy of public infrastructure is paramount. Discretionary development should occur only if the public infrastructure is capable of supporting it, which may necessitate phased development over time, concurrent with implementation of the City's Capital Improvement Plan (CIP). Note: Many roads in the Transition Area are presently 2 -lane rural roads. Improvements are contingent on necessity and sufficient capital funding. - Connection to public sanitary sewer and water is preferred. However, if a parcel is proposed to be served by a private septic system or an alternative on-site sewage system (AOSS), ensure that the lot area is of sufficient size and soil suitability to install a replacement system in case of original system failure. ➢ Public utilities service extension should be incremental and in an orderly fashion. ➢ Development should respect the Master Transportation Plan by providing reservations or dedications for planned road improvements. ➢ Incorporate stormwater management into project design according to state stormwater management regulations. Use a systems approach to stormwater management, incorporating a range of stormwater management techniques. Wherever feasible, consider multi -site or regional stormwater management facilities and design them as site amenities. 30 1 AN ORDINANCE TO AMEND THE TRANSITION AREA 2 DESIGN GUIDELINES AND INCORPORATE THEM BY 3 REFERENCE INTO THE COMPREHENSIVE PLAN 4 PERTAINING TO GENERAL PHYSICAL DESIGN 5 PRINCIPLES, RESIDENTIAL DEVELOPMENT, 6 NONRESIDENTIAL DEVELOPMENT, DESIGN 7 CHARACTER OF SPECIAL PLACES IN OR NEAR THE 8 TRANSITION AREA, GLOSSARY OF TERMS AND 9 UPDATED TRAILS AND OPEN SPACE NETWORK MAP 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 WHEREAS, the Transition Area/Interfacility Traffic Area Citizens' Advisory 15 Committee has reviewed the Transition Area Design Guidelines ("Guidelines") and has 16 recommended revisions that are in keeping with their vision of the Transition Area; and 17 18 WHEREAS, these revisions are reflected in the attached document entitled 19 "Transition Area Design Guidelines, City of Virginia Beach 2014"; and 20 21 WHEREAS, the previous document entitled "Transition Area Design Guidelines, 22 February 23, 2003" should be repealed, much of the document has been reformatted 23 and combined with the document entitled "Transition Area Design Guidelines, City of 24 Virginia Beach 2014"; and 25 26 WHEREAS, the attached amendments to the Transition Area Design Guidelines, 27 City of Virginia Beach 2014, which are the repeal of the Transition Area Design 28 Guidelines, February 23, 2003 document and the adoption of the Transition Area 29 Design Guidelines, City of Virginia Beach 2014, should be adopted and the Transition 30 Area Design Guidelines City of Virginia Beach, 2014 should be incorporated by 31 reference into the Comprehensive Plan. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 That the Transition Area Design Guidelines, February 23, 2003 are repealed and 37 the Transition Area Design Guidelines, City of Virginia Beach 2014 be and hereby are, 38 adopted and incorporated into the Comprehensive Plan of the City of Virginia Beach, 39 which is hereby amended and reordained by: 40 41 The revisions of the Transition Area Design Guidelines as shown on the attached 42 document entitled "Transition Area Design Guidelines, City of Virginia Beach 2014" and 43 the incorporation of the Transition Area Design Guidelines, City of Virginia Beach 2014 44 into the Comprehensive Plan. Such document is made a part hereof, having been 45 exhibited to the City Council and is on file in the Department of Planning. 46 47 48 49 The ordinance deletes the previous Transition Area Design Guidelines and adopts the 50 Transition Area Design Guidelines by the adoption of the revisions recommended by the Transition 51 Area/ITA Citizens' Committee for the Transition Area. Such revised Guidelines are also hereby 52 incorporated into the Comprehensive Plan. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on this 55 day of , 2014. COMMENT APPROVED AS TO CONTENT: PlavA �jiepartment CA13147 R-5 November 21, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 2 Transition Area Design Guidelines City of Virginia Beach Adopted by City Council February 23, 2003 WHERE 15 THE TRANSITION AREA? North and the rural area South. Approximately 11,360 acres make ximately 9,600 acres remaining. Geographic boundaries are Priv ce:r Anne Koad to the North, Indian River Road to the South, the 1 00 year floodplain boundary to the Last and an election borough boundary to the West. See appendix {or larger version of Tran sition Arch maps.) Transition Area - Existing Conditions WHAT 15 THE VISION FOR ThE TRANSITION AREA? Larger open spaces Consolidation of parcels provide more smaller parcels Connected corridors (connectivity of land uses, Should be wider buffers of open space Include both vehicularand non vehicular acce f Provide wildlife movement Incorporate wetlands Acknowledge flood Mains Incorporate where poxiblc SWM (storm water man Aerial view ofTransition Arra ment plan. Interesting topographical relief (ex. mature tree stands, hedge rows, land features) Larger, regional SWM areas where conservation management practices arc not applicable. rrimarily Open Space Lower overall defined residential density Located active recreation areas and Pasive areae and/ or mixed use Incorporate thematic architecture Small farming in ar as Roadways transition heading south Roads narrow/ views open up Space opens up to a village center amidst green backdrop Aerial view of Transition Arc WI -I EIKE ARE DESTINATION CENTERS IN THE TRANSITION AREA? Identification of five distinct destination nodes. Each Node contributes unic1ue design characteristics and its own brand of architecture and landscaping. (see Transition Area Destination Center Map in appendix.) Princess Anne Common. Princess Anne Commons consists of primarily City owned land cncompa;s-ing a wide turc styles (Refer to Princess Anne Commons Design The aesthetic character of Princess Anne Commons Center. The proposed South -astern Parkway bi sects these two nodes. Princess Anne Commons is defined as a place to Live, Learn, work and Pay. Components that make up Princes Anne Commons are recreational areas and edu cational areas. Virginia beach 5portcplex IV/um-a-pal Center Tkc Municipal Center of Virginia 5 ch is centrally,ocatcd within the Courthouse historical and Cultural District. The primarily Neo Georgian buildings are arranged in a to the manicured grounds. Some transitional architecture is the historic courtkow.-,e. This, transitional style can work if scale and building materials arc compatible. The ,urrounding and large trees which evokes a forgotten time in our city's, heritage. Annc Courthouse is a two story structure of Flemish bond brick rrince..,c Anne Courthouc ticulated cornice. !Preserving the character around the courthouse section of the Municipal Center is retaining the shady tree lined approaches to the historic site. The cro,sroads Anne Koad and North Koad are to be preserved by maintaining the present scale and buildings relationship to the street. The use of brick remains the dominant character of the Municipal Center while wood siding is apparent on most of the older homes in the area. home at the Municipal Center A/Immo-Center Nimmo Center is located in a h,storical and Cultural home at the Municipal Center home at the Municipal Center f,hould remain w ooclecl. These woods protect the feeling of rural character that is part of the significance of this church as well as Immo Churck Nimmo United Methodist Church is a two story wood frame structure with wood clapboard siding. This church con ornamentatio-n. De,r-ite by alterations and additions, Nimmo Church's- important rura-k country character is desirable as a buffer from suburban cicvel opment to the north. Development in this ar should not be of Georgian influence since the Church is not of this style. brick should weeel-c-4614r-ame building. No new building sho-bi than the gable end of the church to allow the steeple to bc viewed. Contemporary or traditional buildings that arc compatible in scale and materials are acceptable. rung° Center rung° Centcr is located at a rural cro,sroads community with convenience stores, Nimmo Church in this small commercial node, Mt/ tore this area. Slops should be brought to the road with parking in the r ar to encourage pcdcs trian activity. Landscaping with native plant ma terials. MurhAenIs 5torc Z Z namentation. The arly to mid twentieth centura craftsman cottage and the small bungalow type dwellings in this area depict residential architecture primarily found in the rungo Center. The rung° craftsman style dwelling. rung. Grill Ecologz "cal Awareness Center The ogical Awareness Center is proposed as a gateway to somc. of the city's natural heritage areas. building designs in this ar a could be repro sented as early 1 200's Lodges that The horn Point Club, photo on right, located in rural Virginia ick would 6c an example. The loclge is a two :_-,tory wood structuro with a flared gambrel roof and flared front gable dormers. horn Point Club Examples of other lodges used in the 1930's are seen in photos below. Palle Cape Club Punto Hunt Club WHAT 15 IMPORTANT WHEN PLANNING A DEVELOPMENT WITH IN THE TRANSITION AREA? When nlannin9 a development in the Transition Area think of the importance of three cote A • v, mcnitics and D TI Transition Area Matrix. (5ee appendix for matrix.) NATURAL RESOURCES d. " ated fields, and related features. Evaluative Principles velopmcnt provides a unie1ue character to the cite. potential owners a Blimp e of the natural heritage of the land. to offer. Preserve and integrate into the overall pro ject the natural resource amenities located on the site you are interested in developing. and new developments that conserve oxen space and beauty of nature. Strive to achieve 5O% of the developable ar for open space utilizing existing natural resource, where oxo rible. Forez,ted land. Wetlando cultivated Farmland AMENITY An amenity within the Transition Area is a fe-a-- ture that increases the attractiveness or value of the site consistent with the goals and objectives Evaluative Principles what is the amenity within the project Address whether the amenity is to be visu hlly or operationally available to those who do not own property in the development. nent that allows either active or passive rec. reation. (Multi purpose trails can be both for passive or active use but connectivity is important when designing any trail system.). on the site can asst in creating an amenity f-e•F-Fc5icient5 and visitors to enjoy. However,f the natural resources on the site are not provements to the site can be created to en 'lance the physical appearance. To assist in creating a complete linkage tivity linking any open space and/or ameni ties between this development and adjacent existing or future developments, DESIGN Design within the Transition Area is the crea +e+} or execution in an artistic or highly skilled manner consistent with the goals and objectives of the Comprehensive Plan for the Transition Area. Evaluative Principles 5torm Water Manas;cmcnt features arc needed, incorporate into the development in a way that they serve as amenities protect natural resources. the development as a means of providing a wide street front scenic buffer. is a m -ans to providing a primarily open space development. as expressed in the Comprehensive Plan. Storm m.,na�zm i nt KES1DENT1ALDESIGN GUIDELINES Residential Design within the Transiti n Area sh uld dem nstrate a change fr m the design f resident a!- deve� pment n rth f the Grccn Linc. Residential Development to strive to achieve 50% of developable area for open these design guidelines and the matrix. eFee-t-e-14gh 9uality neighb rh cls which allokv varying I is sizes with n 1 t size minimum. When dcvcl pablc acrc sh uid be earned based up n ErtreIity 1 dcsign using the matrix. Active adult c mmunities arc cnc uraged and sh uId be treated di{-Ferently. Design with nature, making a special c{ -f rt t preserve and sh wcase significant environmcntal resourccs. -OF:'' ^ u .16 fix• £. 0 W) 100 Foe RT� Begin by identifying the land that sh uld be A site analysis t 1 cate features t be c nserved w uld be a starting point. Identify ar as fl dplains. mature tree stands, river r stream c rrid rs, ledger ws, primer farmland, hist ric structures r f=inally, plan y ur r ads and trail system. M n m ze tlic am ount f impervi us surface f r all dcvel pmcnt. when designing the 1 cal r ads. Plan and t the primary trail system. The maintenance pri r t c nstructi n. C nsiderempl ying"1 w impact cicvcl pmcnt" tcchniclues within y ur design. 7. wernancill slop MOP. 0 0.t.r than 250. 100 year nooap.n L cote features t be c nserved L cate k uses, Pan r ads and trails NON KESIDENTIALDESIGN GUIDELINES t -,e Transition Area b(, T it y-iould not be like the non residential north of the Green Line. The following sections address non residential development . Commercial Development Commercial development within the Transition Area should be thought of as Neighborhood Serving Centers. Development within the Transition Are-a7 doesnot allow for big box commercial es tablis-iments. nee -s o{ a limited residential population. The characteristics of the land, the site location, and type of residential development plan play a part in the choices of how to locate the commercial center. or example, if the residential development is planned as neo traditional, then c.,tabli,,h the neighborhood Winter within the development to provide their cars. f the development's design does not allow for pedestrian circulation then the commercial should be an intersection of collector streets. franchise development should respect the acterand should be compatibility with the surrounding neighborhood. Wherever the commercial development occurs connectivity with the trail system planne- e anch r s that provide significant presence t a defined arca. Office space out m bile trips and can cnc urage a pedestrian experience. verlap parking r recreati nal activities. level pment. The use f brick as a main building material n the buildings •.rte the campus' mix f tracliti nal buildings and c ntemp rary designs. A m ref rmal enc urage pedestrian activity. se dcvel pmcnt within the Transition Area requires a mixture f What m rc can be done? ■ Ordinance change, ■ Qvcr1a9 , • ARP ■ Outdoors Plan ■ Otilit,9 infrastructure policcR • CIF GLOSSARY or TERMS Arterial K ad. Maj r An intracity r interrcgi nal r adway that c nvcys traffic between activity centers. Maj r Capital Impr vement rr gram (Cin A cl cumcnt adopted each May that identifies all of the city's C nditi nal Use Land uses that by their nature can have an undue impact up n r be inc mpatible with tiler uses f land within a given z Hing district. These uses, listed in the City Z ning Ordinance, may be allewed-to be within given designated districts under the c ntr Is, limitati ns and regulatio o c nditi nal use permit. protection of the community. C Ilect r K ad A r ad that carries m Berate traffic volumes and is classified between arterials and I cal streets. It als pr vides acce✓ t abutting pr perty. Density. Gr s The t tal number f dwelling units divided by the t tal level gable land area, as defined by Secti n 20 Idle City Z ning Ordinance. Net The t tal number f dwelling units divided the level pable area remaining after pen space areas have been deducted. Lnvir nmcntal C nservati n Areas An area c nsisting f tidal and n n tidal wetlands, er diblc s ils, f and among other envir nmentally valuable areas. Lnvir nmentally Sensitive Area An area with one or more f the foil wing characteristics. 1. SI Fes m re than twenty percent, 2. Ll dplain, 3. 5 ils cleasiCicd as have a high water table, di. 5 ils classified as highly erodible, subject t cr si n or highly acidic, 7. 5tr am corridors, $. Lstuariec, 9. Mature stands f native vcgctati n, la Ac1uifer recharge and discharge arcas. M. dplain ,100 year St rm event) A federally defined, ge graphic area used f r fl d insurance and other Gateway A specially designed entryway to an area f particular interest or character. II Mist ric and Cultural Res urce Architecture, structures, sites, r arche 1 gical characteristics, {ten 5 years hydricr5 it A s iI that is saturated, fl Jed, r h Ids a small b el, f water that f rms a p ncl I ng en ugh 1mpervi us Surface A surface that d es n t all w the absorpti n of water. Typical examples include paved parking I ts, streets, r ofs, pati s, driveways. Impervi us surface is usually calculated as a rati t total estimate fan area's potential p Ilutant I ad. Land Lise A descripti n f h w land is ccupied r used. Land use C mpatibility The ability of ne land use t exist within r adjacent to another land use with ut nuisance for either use. Land Use, Planned uses that are sh wn n the C mprekcnsive Man Map f r a articular Ye graphic ar o. undevel ped site. Level f 5ervice A 9ualitative measurement f the level of traffic congesti n n a r adway, based n vehicle L cal R ad A r ad that pr vides direct acce,,c, t abutting pr perties and is characterized by 1 w traffic vales and I w speeds. Natural heritage Kes urces Kare, threatened r endangered species and their habitat, rare r significant (by Virginia Department f Natural Kcs urccs standards) natural c mmunitics rge 1 gic sites, and similar features f scientific interest benefiting the welfare f the citizens f the C mm nwealth. Natural Kes urce A term used t describe the existing natural elements relating t land, water, air, plant and Parkway An exprea way with full r partial control of acce: c, designed in a "parklike" (landscaped) setting. ZZZ Z - the c mmunity's c mprehensive plan. (N te. "urban public facilities" are usually distinguished fr m "rural public facilities" by their ability t cuPrieFtgreater intensity f level pment and significantly higher c sts. Typical cxamples _L «.._ban Kecrcati n. Active Kccrcoti n re9uiring mental c ncentrati n r active physical participate n, such as rganizcd sp its events. Pa✓ive Activities re9uiring a limited am unt f physical exertion. ra,,sivc rccr ati n is m rc closely wildlife refuges. Ketenti n r nd A p nd, p I, r basin used f r the temp rary st rage f st rrmwatcr run ff, which has a permanent water imp undment r wet p I. residential and thcr c mparable rural uses. Scenic buffer An aesthetic open space r view c rriclor pr viding visual relief between tw r more activities r 5trip C mmcrcial Devel pment Linear and c ntinu us retail and service devcl pmcnt typically I sated al ng arterial roadways. jt rmwater Management A c mprehensive pr gram designed t administer, design, peratc, maintain, enf rcc, sediment c ntr I. • _ _ _ , f land use principles whcrc an ar a is characterized by a s mewhat gradual and rderly change in land use. The purpose f using transitional land use is t reduce the adverse f land c nflict with each ther. L rban Service Area The area n rth f the Green Linc where the city pr vides public facilities t supp urban dcvel pment. Virginia beach Outd rs Plan This document presents the City's plan t create a c mprehensive system f r utd r recreate n and natural res urces. The Outd rs Plan defines the City's Phil s phy regarding Wetlands The term is. applied t th se areas where. the s itis rdinarily saturated with water, r where the d minant plant c mmunity is ne r m rc f th se species designated by the (I 5. Army C rps f r "n nvegctated wetlands." Wetlands can be cla✓ified as. peri die fl ding by cean driven tides. hurricanes or tropical storm tides. 5� 5c. ti n2 i the City Z ning Qrdinance and the dcfiniti n f wctland.s in jecti n Placement, cpacingand .size {land and buildings. APPENDIX mars Transition Area Existing Conditions Transit; n Area Trail System Primary and Sec ndary Trails) and Destinat; ns Transition Area Matrix Transition Area Trails & Destinations / 1 ty of Virginia Beach 0 05 1 2 3 -.1116„:414441 Mlles -4111411,41,,,, f" 0 Oto. r., ,, IiiiiiP 441111‘PAIIII0. VW , r end` +�- fT l/, 3 0 _—� NCenter _ _ oirI.0 Princess ae ,� �...ns��V Legend Anne .. Sandbridge - RarorRoansI Qommons - Mmor Roads i - dW , r, - - • Prowled Roads %... ler. �^ 0 G I �ofeGMRiP \ a, .�. Creek Part Ecological wetmr,ds \ Awareness Tomo -on Area \1114111:-- \ r Center _ Recreatwn Areas \ \ Back Bay Properties OM Private Recreation Areas we. 4 INIIMPtinwY Tail a 5.rne' Area• 4 Prop Water Access Pungo - Secondary Trails @ Center L K ,Moaor C, N EAR water Access ,` re.. A [testi rt . ity of Virginia Beach 0 0.5 1 2 Wes3 \4c44. Transition Area Recommended Property Acquisitions ' Nimmo— 'a Center _ O _ _rte_ i fl 40 /d p„PC. lir it Sandbridge r ”.--.., unicipal r, ..' ter l ~Neckas.:.•. _ ,� ,~Neck/ Ecological Creek Park Awareness rA, Center ��0 ,2 ngo Center m Mi�nY 9= `� 4 Q Fro I N 1 Transition Area Matrix I Allowable maximum residential density for any rezoning in the Transition Area under the policies of the Comprehensive Plan is 1 unit per acre. The maximum density can be achieved through adherence to the Evaluative Criteria provided below and further explained in the Design Guidelines for the Transition Area. Each section of the Evaluative Criteria below ties to the Design Guidelines through the graphic icon at the top of the section. For further guidance on the respective section of the Matrix, turn to the page of the Guidelines that has the corresponding graphic icon. Staff will `score' the proposed development for its consistency with the Evaluative Criteria below. The scores are then totaled and the total is `plugged' into the formula below to determine the recommended maximum density for the development. Evaluative Criteria Total Comments Natural Resources Degrees to which the project preserves and integrates into the overall project the natural resource amenities on the site. Amenity Nature and degree of the amenity Design Degree to which the project incorporates good design into the project (A) (B) (C) (D) TOTAL: TOTAL / 11 possible points TOTAL/11 "0.5= Line (C) + 0.5 du/acre = (E) Line D * total developable acres ( ) = Line A --total number of points from the worksheets on the following pages. Line B --total divided by the total number of possible points, which is 11 Line C --total from Line B multiplied by 0.5, which is the amount between the baseline density of 0.5 dwelling units per acre and the possible 1 dwelling unit per acre (du/ac). Line D --total from Line C added to 0.5 du/ac (the baseline density) to obtain the maximum density for the site. Line E --total from Line D multiplied by the number of developable acres on the site, thus providing the maximum number of units for the site. Transition Area Matrix Page 1 of 7 1 Natural Resources `Existing forests, wetlands, meadows, cultivated fields, and related features s z \ii, Total a) Are natural resources protected? YES ❑ (0 to 1 point) Comments: NO _ (0 points) b) Are natural resources integrated into project? YES i (0 to 1 point) Comments: NO 1 (0 points) NATURAL RESOURCES TOTAL Insert in appropriate box on page 1 Transition Area Matrix Page 2 of 7 2) Amenit A feature that increases the attractiveness or value of the site consistent with the goals and objectives of the Comprehensive Plan for the Transition Area. a. Total a) Is the amenity, if present, visually or operationally available to those who do not own property in the development? YES ❑ (0 to 1 point) Comments: NO _ (0 points) b) Does the amenity consist of recreational components? YES ❑ (0 to 1 point) Comments: NO - (0 points) Transition Area Matrix Page 3 of 7 Transition Area Matrix Page 4 of 7 c) Are improvements made that provide visual physical access to the natural resources on the site OR are improvements made to create or YES ❑ (0 to 1 point) a new amenity to the property? Comments: NO : (0 points) d) Is there connectivity linking any open space and/or amenities between this development and adjacent existing or future developments? YES ❑ (0 to 1 point) Comments: NO 1 (0 points) AMENITY TOTAL Insert in appropriate box on page 1 Transition Area Matrix Page 4 of 7 ian Creation or execution in an artistic or highly skilled manner consistent with the goals and objectives of the Comprehensive Plan for the Transition Area. Total a) Are natural or manmade water features incorporated into the development in a way that they serve as amenities? YES ❑ (0 to 1 point) Comments: NO (0 points) a) Is there an attempt to integrate the amenities as an integral part of the overall development? YES (Oto1 point) Comments: NO 5 (0 points) Transition Area Matrix Page5of7 c) Does the development retain or create views or scenic vistas that can be seen from the road? YES ❑ (0 to 1 point) Comments: NO -, (0 points) d) Is a mixture of lot sizes and the clustering or massing of homes used to achieve a primarily open space development? YES ❑ (0 to 1 point) Comments: NO 1 (0 points) Transition Area Matrix Page 6 of 7 e) Does the development use roadway and "hard infrastructure" that is appropriate for its design? Is it consistent with the vision and recommendations of this area as expressed the Comprehensive Plan? in YES ❑ (0 to 1 point) Comments: NO - (0 points) DESIGN TOTAL Insert in appropriate box on page 1 TABLE OF CONTENTS PURPOSE AND LOCATION 3 DEVELOPMENT AND USES 5 DESIGN PRINCIPLES 7 SPECIAL PLACES IN THE TRANSITION AREA 14 Municipal Center 14 Nimmo 16 Pungo 17 Environmental Education Center at Back Bay 20 OPEN SPACE AND RECREATION 22 INFRASTRUCTURE 27 APPENDICES 28 Appendix A Map 29 Appendix B Matrix 30 10/28/2014 Page 2 of 40 1. PURPOSE AND LOCATION Purpose The purpose of this document is to provide development and design guidance in conformance with the vision and land use policies for the Transition Area of the Comprehensive Plan. Through encouraging innovation and creativity in the appropriate design of new development and redevelopment for buildings and sites, the objective is that all development in this unique area of the City will be respectful of its natural heritage, historical legacy and sensitive to its environmental value. This will result in a pleasant, supportive built environment reflective of the traditional rural development patterns of • • • Coven ono Tranat0on Area r Cay ProDeny Imo,laaray Trek Arca ONCUZ No... Zeno. Transition Area Virginia Beach in its physical form and appearance. These design guidelines apply to all proposed development and redevelopment, unless specified, to enable the means by which development can comply with the vision for the Transition Area as set forth in the Comprehensive Plan. 10/28/2014 Page 3 of 40 Location The Transition Area lies east of Special Economic Growth Area 4 - Princess Anne. It consists of approximately 5,900 acres and is bounded by Princess Anne and Sandbridge Roads along the 'Green Line' to the north, North Landing Road and the Princess Anne area border to the west to the Princess Anne border, Indian River Road to the south, and New Bridge Road to the east. The Transition Area serves as a unique land use area buffering the low density Rural Area from the more densely developed Suburban Area. It does this by promoting development patterns and policies that are limited in scope and designed according to specific standards. Development will be encouraged to aggregate density in areas served by adequate roads and public utilities and to reduce density in environmentally sensitive areas. By employing creative planning and techniques, these development guidelines will provide a pattern that emphasizes flexible community planning with a greater integration of open space and natural resources that respect and protect the unique natural character of the area, enabling a true transition into the Rural Area to the south. In so doing, the vision will be fulfilled that the Transition Area not be a continuation of the higher density development patterns and forms found in the Suburban and Urban Areas to the north. oe•im Agriculture and Residential Uses along Seaboard Road north of Indian River Road 10/28/2014 Page 4 of 40 2. DEVELOPMENT & USES 2.1 Development should be creative and of high quality. 2.2 Uses should be limited to low - impact, low-density residential, low -intensity non-residential, open space and recreational, and agricultural, including row -crop farming and equestrian uses. Low -intensity uses along West Neck Road 2.2.a. Development abutting agricultural operations should locate protective buffers between the proposed development and the agricultural land. These buffers should be at least 50 feet in width. The first 25 feet closest to the agricultural operations should be heavily planted with a mixture of grasses and low growing indigenous shrubs. The remaining 25 feet near the proposed development should be planted with a double row of trees with a minimum caliper of one and one half (1 %2) inches and should be centered no more than thirty feet apart. Such trees should be indigenous and consist of a mixture of 25% deciduous and 75% evergreen to screen as necessary or to provide scenic vistas. Seasonal changes and foliage color should be thought of when selecting planting materials. Agricultural buffer near Princess Anne Road 10/28/2014 Page 5 of 40 2.3 Uses should require limited roadway improvements (e.g., turn lanes). 2.4 Residential development can earn a maximum average calculated density of up to and no more than one unit per developable acre through a demonstrated conformance with the Transition Area Matrix. Minimum lot sizes of 15,000 square feet are preferred. Lots sizes less than 15,000 square feet may be appropriate if the following additional consideration is given to active open space are met. Please see Section 4.xx for the definition of active space. Distance to active open space should be located within one-half (.5) mile of every dwelling lot. r Each lot should be located to maximize views of the open space. Lots should be of various sizes and arranged in a contiguous manner so as to maximize remaining land for use as open space or preservation of natural features. 2.4.a. Flag lots should be provided, where warranted, to advance the purpose of the vision of the Transition Area, taking into consideration the size of the lots within the subdivision, existing or future tree cover and other pertinent characteristics relating to the need for rural residential privacy and open space. Driveways serving flag lots should have appropriate widths and pavement types (e.g. fire truck access). 2.4.b. The opportunity for agricultural, equestrian and similar compatible rural activities as part of the residential development should be maximized. (Insert suitable illustration as an example) 2.4.c. Fragmenting or dividing remaining farmland and open space into small parcels should be avoided. 2.5 Non-residential uses should be neighborhood -serving, scaled to support the needs of nearby residential neighborhoods, users of the Transition Area's open space and recreational areas, and agricultural users. 2.5.a Neighborhood -serving center should be located so that the design of its site can integrate the surrounding characteristics of the land and the residential development 10/28/2014 Page 6 of 40 pattern. The site design should provide residents the opportunity and convenience of non -vehicular access within the development such as walking instead of being limited to getting into their cars. Regional -serving destination uses should be avoided because of the additional burden on the local transportation network of rural roads. 2.6 Non -Residential uses should be limited to major roadway intersection locations. 2.7 Development within floodplains is strongly discouraged. 2.8 Ensure all development proposals conform to the provisions of the Oceana Land Use Conformity Program and AICUZ provisions in the Zoning Ordinance, the Southern Rivers Ordinance and all other applicable development regulations. 3. DESIGN PRINCIPLES 3.1 Design should be with nature using low -impact development techniques and creative design to minimize impervious surfaces, protect natural resource areas and open spaces, address stormwater management requirements, and optimize site amenities. 3.1.b. In those cases where development is proposed within areas of existing tree cover, design the placement of buildings and driveways so as to save and protect as many trees and other significant environmental features as possible. 10/28/2014 East entrance to Villages of West Neck with existing tree cover Page 7 of 40 agricultural features, such as premier farmland, field patterns, and historic structures that recall the rural heritage are encouraged and should be incorporate into the design of entrances and other prominent 3.2 Open space should be deliberately included and designed as a site amenity in all development. (See more under Section 4 Open Space and Recreation of this document.) 3.2.a. Preservation of interesting landscape features and scenic viewsheds, such as mature tree stands, natural areas, waterway corridors, wetlands, water features, hedgerows; and areas in the development. Preservation of an interesting feature as a trail for residents of Eagles Nest Community 3.3 Stormwater management techniques should be designed as site amenities and retention areas and should not be isolated behind buildings. Stormwater management as an amenity in Heritage Park 10/28/2014 Page 8 of 40 Rural Transitional is defined as featuring certain architectural treatments that take cues from local farm buildings, hunting clubhouses and other examples that reflect the architectural heritage and agrarian character of southern Virginia Beach, and that demonstrate a change from the design of development north of the Green Line. Architectural features may include large, open wraparound porches, pitched roof lines, 3.3.a. Open space may be designed to address stormwater management, but it should not be limited to stormwater management facilities Open space used for stormwater management in Mathews Green 3.3.b. Undeveloped wooded areas, retention ponds, bio -retention areas, and wetlands may be used for stormwater management. However, in all cases, they should be preserved or designed as amenities. 3.4 Historic structures and sites should be protected and incorporated into site design, either through preservation or adaptive reuse. Such extant structures and sites are reminders of the rural heritage and character of this part of the City. 3.5 Residential and non-residential use design should reflect a "Rural Transitional" architectural theme. 3.S.a 10/28/2014 Page 9 of 40 cross -gabled, front gabled or front -to -back main gabled roof forms and detached or side -loading garages. Beyond these architectural features, the Rural Transitional theme extends to building materials, site design and landscaping forms that are reflective of the existing traditional rural character. This transitional style can work if scale and building materials are compatible. Examples of Residential and Non -Residential Rural Transitional can be found below. 3.5.b Replicas of historic designs should be avoided since they diminish significance of the originals. Architectural themes such as "Coastal" or "Beach" are generally not appropriate. i. Residential Design - Houses should be arranged and streets should be aligned in ways that create or adapt to the natural setting and are not limited to a typical regimented grid -like urban pattern. Homes should be designed to convey a sense of outward connection to the land and community by facing streets and other homes. This connection should be enhanced by providing attractive landscaping between the streets and home sites, frame open spaces, and robustly screen development along major streets and road frontages. Typically have a roof form to the front and a partial or full -width frontporch. Examples of Residential Rural Transitional Architecture 10/28/2014 This example of early 20th Century vernacular, located on Princess Anne Road and south of Sandbridge Road, presents simple features in a four square style. While not limited to this style, contemporary designs tastefully evoking these features would fit within the concept of rural transitional. Page 10 of 40 Examples of contemporary designs with selective rural design features .1.1•1111111r 11 ��iiii..17. " i.. 1111111 Home in Mathews Green with a large, open wraparound porch with simple railings. standing seam roof, appropriately proportioned dormers, and wood clapboard style or similar siding Example of a contemporary design with rural architectural treatments of front -gable roof, full -width open front porch. and horizontal siding Example with front-qabled roofs, simple porch columns, bracketed eaves and horizontal siding at gable ends Homes in Ashville Park Example of a Victorian farmhouse design that is not overly adorned with decorations. appropriate proportioned wrap around porch. and window grids facing the public street 10/28/2014 Page 11 of 40 i. Non -Residential Design - Development should be designed to complement the surrounding rural character in terms of size, scale, architecture, and selection of materials. It should not be like the non-residential development north of the Green Line. ii. Buildings should be kept low in scale, a maximum of 2 stories, and should have a footprint of no more than 10,000 square feet. Clusters of free-standing small shops and offices that encourage pedestrian movement over vehicular movement or front on a central green are also appropriate. iii. Building exteriors should express architectural fenestration. iv. Buildings can be made visually interesting and compatible by the use of setbacks, traditional building material and architectural features like projections and varying rooflines of dormers and overhangs. v. Visible roof forms (hips, gables, and gambrels, etc.) commonly present on small- scale rural office and commercial structures are encouraged. Flat roofs are generally not appropriate. vi. Building construction should adhere to sound environmental principles that include energy-efficient design. vii. Franchise development should respect the community character and should be designed for compatibility with the surrounding neighborhood. 10/28/2014 Page 12 of 40 Examples of Non -Residential Rural Transitional Architecture Near the Nimmo Center on Princess Anne Road - Example of franchise development with compatible materials and design featuring arches, pitched roof, and clapboard style siding Rainbow Station on Sandbridge Road - Example of a simple form based architecture with strong roof lines 10/28/2014 Page 13 of 40 Non -Residential uses on North Landing Road exemplifying specific rhythm to the building facade featuring a full -width open inviting front porch with simple porch columns 3.6 When developing in proximity to a designated "Special Place" (e.g., Municipal Center, Historic Nimmo Church, Pungo Village, and the Ecological Awareness Center at Back Bay), design elements should be incorporated that are prevalent in that Place to ensure compatibility). 3.6.a. There are four distinct Special Places that link with the Transition Area. Each place contributes unique design characteristics and its own architecture and landscaping style. 10/28/2014 Page 14 of 40 Municipal Center - The Municipal Center of Virginia Beach is centrally located within the Courthouse Historical and Cultural District. Its primary contributing historic resource is the Old Princess Anne County Courthouse. Constructed during 1823, the two-story structure of Flemish bond brick with a denticulated cornice has a hipped roof of slate tile and Tuscan columns that stand two stories to support the front portico. Preserving the character around the historic courthouse section of the Municipal Center requires retaining the shady tree lined approaches to the historic site. The crossroads character of this courthouse and the adjacent commercial at the intersection of Princess Anne Road and North Landing Road should be preserved by maintaining the present scale and buildings relationship to the street. Old Princess Anne County Courthouse 10/28/2014 Page 15 of 40 Contributing structure adjacent to the Old County Courthouse Other styles of architecture found in this area are primarily Neo -Georgian buildings arranged in a campus style along grid streets that give a more formal approach to the manicured grounds. Some transitional architecture is introduced at the opposite end of the municipal campus from the historic courthouse. This transitional style can work if scale and building materials are compatible. Richard Kellam House 10/28/2014 Example of Neo -Georgian style near the Municipal Center The use of brick remains the dominant character of the Municipal Center while wood siding is apparent on most of the older homes in the area. The surrounding residential character comes from the expansive front yards and large trees which evokes an earlier time in our city's heritage as exemplified in this photograph. Page 16 of 40 Nimmo Center Nimmo Center is located in an Historical and Cultural District and contains one of the first post -revolutionary churches established in the area as well as one of the oldest Methodist churches in continuous use today. Nimmo United Methodist Church is a two- story wood frame structure with wood clapboard siding. This church consists of an open nave plan with a projecting steeple and little ornamentation Nimmo Church from an earlier time Steeple of Nimmo Church Despite its federal style having been obscured by alterations and additions, Nimmo Church's important rural country character is desirable as a buffer from suburban development to the north. Development in this area should not be of Georgian influence since the Church is not of this style. Brick should not be the dominant material in this area since the church is a wood clad frame building. No new building should be taller than the gable end of the church to allow the Nimmo Church modified with additions 10/28/2014 Page 17 of 40 steeple to be viewed. Contemporary or traditional buildings that are compatible in scale, form, massing, and materials are acceptable. All existing wooded areas should remain wooded. These woods protect the feeling of rural character that is part of the significance of this church as well as act as buffers to the development that is occurring. Pungo Center Pungo Center is a rural crossroads community with convenience stores, gas stations, an antique store, and restaurants. Munden's Store best represents the original rural character of this area and is an example of the vernacular tradition found in southern Virginia Beach. This style relies on simple forms with little or no ornamentation. f Undated photograph of Munden's Store seen from Princess Anne Road J1 rung° Downtown. S Sign feature of Munden's Store 10/28/2014 Window treatment feature of Munden's Store Page 18 of 40 Undated photograph of Munden's Store seen from Indian River Road Residential architecture primarily found in the Pungo Center is depicted by the early to mid -twentieth century craftsman cottage style of the small bungalow type dwellings found in this area. Located on Princess Anne Road is an example of a mail order craftsman style dwelling. As shown in the illustration and photograph below, this home is identified as an Aladdin Readi-Cut kit home dating back to 1919. '__-7i /1o! Iaz .i ...« a . goat ....... Aladdin Plaza as shorn, in 1919 Aladd-n catalog Undated photograph of house design by Aladdin Readi-Cut called "The Plaza" located on Princess Anne Road 10/28/2014 Page 19 of 40 To enhance the historic nature of Pungo Center, shops should be brought to the road with parking oriented behind buildings away from Princess Anne Road or screened if located on the side of buildings. Access points from the roadway should be minimized and, where possible, combined. Locating parking in the rear can also encourage pedestrian activity. Further encouragement can come from reducing setbacks to allow direct connections between sidewalks and storefront entrances. These connections should provide safe and attractive pedestrian connections and a continuous link throughout the center with a minimum of vehicular conflict points. While there is no one particular dominant style in this small commercial/residential place, the scale, proportion and general character of buildings should evoke a design vocabulary reminiscent of turn of the century architecture. Commercial uses should include bungalow -style architectural elements of low-pitched gabled roofs, decorative brackets under the gables, wide, overhanging eaves with exposed rafters, incised porches beneath the main roof, handcrafted stone or woodwork. The dominant residential look should complement the Craftsman -style bungalows by using the existing Aladdin Readi- Cut kit home as an example. All landscaping should be with designed with native plant materials. Example of porch columns found in Punqo Center 10/28/2014 Examples of architectural detail of overhanging eaves found in Punqo Center Page 20 of 40 Environmental Education Center at Back Bay The Environmental Education Center at Back Bay is proposed as a gateway to some of the city's natural heritage areas. The Back Bay National Wildlife Refuge, as part of their Comprehensive Conservation Plan (CCP) dated September 2010, proposes to construct a new headquarters, visitor center, and environmental education center to be located at the corner of New Bridge and Sandbridge Road that comprises approximately 61.5 acres. In addition, this center will have a multi-purpose trail system that will allow for wildlife observation, photography, and self -guided and personal service interpretation via interpretive displays. Once this new facility is built, it would become the primary environmental education facility. This proposed public w -r-° Ecological Awareness ',Center use area is expected to serve more than 150,000 visitors annually. To accommodate this new center, a realignment of New Bridge Road is 11,.% wIstite ana :.silo, Cone proposed. This location would be -- centrally located to all Refuge property and assets and would address a concern that facilities should be more accessible to the public and closer to the center of town. The current office would be maintained and improve as a primary visitor contact facility and possible gift store. This illustration. taken from page G-1 of the CCP's Appendix G. Conceptual Plan, provides an aerial view of the proposed Environmental Education Center 10/28/2014 Page 21 of 40 Building designs in this area could be represented as early 1900's Lodges that were common in this area. Examples of lodges used in the 1930's are seen in photos below. False Cape Club Punqo Hunt Club 3.7 For residential development, parcel consolidation is encouraged for residential development to enable larger development sites that can be designed creatively. 3.8 Non-residential site design should focus on providing an attractive streetscape view into the site from the roadway. 3.8.a Development should be screened with substantial setbacks with landscaping berms, trees, buffers and trails. When located along arterial roadways, screening should be designed along the road with parkway or greenway features that are heavily landscaped, or retain existing natural features that provide a scenic view from the roadway. 3.9 Parking areas should be situated behind or on the side of buildings and should incorporate landscaping throughout the parking areas to enable bio -retention of stormwater runoff. 10/28/2014 Page 22 of 40 3.9.a. With appropriate design and site placement, shared parking arrangements between uses can be realized. Example of parking area situated on the side landscapinq incorporated to enable bio- ret4ention of stormwater runoff 3.10Signage should be complementary in scale and style to the use, constructed of high quality and long-lasting materials, and externally -illuminated. 3.11 Fencing should be of an open style to create or maintain a sense of open space throughout the Transition Area. Examples of preferred fence styles Example of a fence style that is not preferred 10/28/2014 Page 23 of 40 4. OPEN SPACE AND RECREATION 4.1 For residential development, 50% of the developable area should be designed to provide a balance of both "active" and "passive" open space areas, which should be clearly designated, respectively, on the development plan. Open space should be designed in accordance with the definitions below and clearly designated on the plan. 4.1.a Active Open Space: Space that is programmed for active use, such as neighborhood parks, playgrounds, community pools, clubhouses / community centers, ball fields or other play fields, golf courses, historic structures open to the public, and exercise, biking or horse riding trails. It should be useable, visible and easily accessible from residences by multi-purpose trails or sidewalks. 4.1.b. Passive Open Space: Can include environmentally -sensitive areas (stream corridors, Passive open space in Mathews Green formerly used for borrow operations and filled estuaries, wetlands, mature tree stands of native vegetation/undeveloped woodlands, aquifer recharge areas, floodplains, soils classified as having high water tables, soils classified as highly erodible, land incapable of meeting percolation requirements, and land with water), agricultural uses, and scenic vistas. Where appropriate, walking trails can be located within passive open space areas. Passive open space may be designed to address stormwater management. 10/28/2014 Page 24 of 40 4.1.c. Development plans should designate open space as The maintenance responsibility for each facility should be established prior to construction. Public designation refers to facilities to be used for a bona fide public purpose conducted by a public agency through ownership or by easement. Private designation refers to facilities to be used and operated for the benefit of members of an incorporated or unincorporated association for a community, such as an homeowners association, and not open to the general public. active, passive, public, or private. PRESER\Al1ON .ARL Designated open space in Mathews Green 4.1.d. Land for open space purposes should be protected through the use of a variety of legal instruments, such as deed restrictions, appropriate zoning classifications, protective easements or transfer to a stewardship agency (e.g. foundations or conservation groups), or through some other appropriate means. 4.1.e. Active open space should be integrated throughout the development for ease of access and use and not isolated. 4.1.f. Open space can be designed to include public plazas and public art. 4.2 For non-residential development, 30% of non-residential of the developable area should be designed as open space and clearly designated on the development plan. Such open space should not be limited to stormwater management facilities. 4.2.a. Parking lot landscape islands should not be considered open space. 4.3 A well-planned system of multi-purpose public trails should be included in all development to provide non -vehicular mobility, recreational opportunities, and connectivity to the larger 10/28/2014 Page 25 of 40 Transition Area Open Space and Trails Network. A balance of both "primary" and "secondary" trails should be provided and clearly designated on the development plan. 4.3.a. Primary Trails — Public asphalt trails within roadside buffer areas. A public easement will be required to be dedicated only if the buffer area is not dedicated to the city. Primary trails are maintained by the city. Primary frail on Seaboard Road 4.3.b. Secondary Trails — Public asphalt trails located on property owned by Home Owner Associations (HOA) or other neighborhood ownership entities within a development. A public easement will be required to be dedicated to the City. The easement agreement states that maintenance of secondary trails is the responsibility of the HOA or other neighborhood ownership entity. 4.3.c. Non—residential development should be connected to other non-residential areas and residential areas via multi- purpose trails to encourage non -vehicular mobility throughout the Transition Area. 10/28/2014 Page 26 of 40 4.3.d. Multi-purpose trails should connect residential areas as well as connect to non- residential areas in order to enhance non -vehicular mobility. 4.4 Open space and recreational areas, trailway design and connections should be designed to help implement the Transition Area Open Space and Trails Network Master Plan and the goals of the City of Virginia Beach Outdoors Plan and the City's Green Sea Blueway and Greenway Management Plan (see Appendix B "Transition Area Open Space and Trails Network Master Plan"). • Muti-purposedt ail within a roadside buffer providing connectivity to a residential area. 10/28/2014 Page 27 of 40 4.4.a When developing adjacent to the West Neck Creek Natural Area, design elements, such as multi-purpose trail connections and observation decks, should be incorporated that allow opportunities for enjoyment of what this area has to offer while being sensitive to its environmental characteristics. 10/28/2014 Page 28 of 40 4.5 Roadway buffers should be designated along selected roadways (see Appendix B "Transition Area Open Space and Trails Network Master Plan"), containing both landscaping and a primary public multi-purpose trail within a public access easement, to provide for screening of development and to promote trail connectivity throughout the Transition Area. These buffers may be used for open space and residential density calculations. 4.5.a For Residential Development, the buffer should be designated on the development side and have a width of 150 feet with robust landscaping. 150 foot buffer and primary trail on Seaboard Road 4.5.b. For Non -Residential, a 50 -foot buffer with robust landscaping should be designated along selected roadways Non -Residential Buffer along Sandbridqe Road 10/28/2014 Page 29 of 40 = Page 30 of 40 10/28/2014 5. Infrastructure 5.1 Availability and adequacy of public infrastructure is paramount. Discretionary development should occur only if the public infrastructure is capable of supporting it, which may necessitate phased development over time, concurrent with implementation of the City's Capital Improvement Plan (CIP). Note: Many roads in the Transition Area are presently 2 -lane rural roads. Improvements are contingent on necessity and sufficient capital funding. 5.2 Connection to public sanitary sewer and water are preferred, However, if a parcel is proposed to be served by a private septic system or an alternative on-site sewage system (AOSS), the lot area should be of sufficient size and soil suitability to install a replacement system in case of original system failure. 5.3 Public utilities service extension should be incremental and in an orderly fashion 5.4 Development should respect the Master Transportation Plan by providing reservations or dedications for planned road improvements. 5.5 Stormwater management should be incorporated into project design according to state stormwater management regulations. A systems approach to stormwater management could be used, incorporating a range of stormwater management techniques. Wherever feasible, consider multi -site or regional stormwater management facilities and design them as site amenities. Examples of stormwater management facilities designed as an open space amenities Page 31 of 40 APPENDICES 10/27/2014 APPENDIX A ITransition Area Matrix 1 Allowable maximum residential density for any rezoning in the Transition Area under the policies of the Comprehensive Plan is 1 unit per acre. The maximum density can be achieved through adherence to the Evaluative Criteria provided below and further explained in the Design Guidelines for the Transition Area. Each section of the Evaluative Criteria below ties to the Design Guidelines through the graphic icon at the top of the section. For further guidance on the respective section of the Matrix, turn to the page of the Guidelines that has the corresponding graphic icon. Staff will 'score' the proposed development for its consistency with the Evaluative Criteria below. The scores are then totaled and the total is 'plugged' into the formula below to determine the recommended maximum density for the development. Evaluative Criteria Total Comments Natural Resources Degrees to which the project preserves and integrates into the overall project the natural resource amenities on the site. Amenity Nature and degree of the amenity Design Degree to which the project incorporates good design into the project (A) TOTAL: (B) TOTAL/ 11 possible points (C) TOTAL / 11* 0.5 = (D) Line (C) + 0.5 du/acre = (E) Line D * total developable acres ( ) = Line A -- total number of points from the worksheets on the following pages. Line B -- total divided by the total number of possible points, which is 11 Line C -- total from Line B multiplied by 0.5, which is the amount between the baseline density of 0.5 dwelling units per acre and the possible 1 dwelling unit per acre (du/ac). Line D -- total from Line C added to 0.5 du/ac (the baseline density) to obtain the maximum density for the site. Line E -- total from Line D multiplied by the number of developable acres on the site, thus providing the maximum number of units for the site. Page 1 of 7 11 Natural Resources Existing forests, wetlands, meadows, cultivated fields, and related features — '- \;` Total a) Are natural resources protected? YES - (0 to 1 point) Comments: NO ❑ (0 points) b) Are natural resources integrated into project? YES 1 (0 to 1 point) Comments: NO ❑ (0 points) NATURAL RESOURCES TOTAL Insert in appropriate box on page 1 Transition Area Matrix Page 2 of 7 2 Amenit A feature that increases the attractiveness or value of the site consistent with the goals and objectives of the Comprehensive Plan for the Transition Area. Total a) available development? Is the amenity, if present, visually or operationally to those who do not own property in the YES (0 to 1 point) Comments: NO ❑ (0 points) b) components? Does the amenity consist of recreational YES ' (0 to 1 point) Comments: NO ❑ (0 points) Transition Area Matrix Page 3 of 7 Transition Area Matrix Page 4 of 7 c) Are improvements made that provide visual or physical access to the natural resources on the site OR are improvements made to create a new amenity to the property? YES -. (0 to 1 point) Comments: NO ❑ (0 points) d) and/or adjacent Is there connectivity linking any open space amenities between this development and existing or future developments? YES - (0 to 1 point) Comments: NO ❑ (0 points) AMENITY TOTAL Insert in appropriate box on page 1 Transition Area Matrix Page 4 of 7 3) Design Creation or execution in an artistic or highly skilled manner consistent with the goals and objectives of the Comprehensive Plan for the Transition Area. ----14V Total a) incorporated serve Are natural or manmade water features into the development in a way that they as amenities? YES ❑ (0 to 1 point) Comments: NO ❑ (0 points) a) Is there an attempt to integrate the amenities as an integral part of the overall development? YES ❑ (0 to 1 point) Comments: NO ❑ (0 points) Transition Area Matrix Page 5of7 c) scenic Does the development retain or create views or vistas that can be seen from the road? YES 1 (0 to 1 point) Comments: NO ❑ (0 points) d) Is a mixture of lot sizes and the clustering or massing of homes used to achieve a primarily open space development? YES ` (0 to 1 point) Comments: NO ❑ (0 points) Transition Area Matrix Page 6 of 7 e) infrastructure" consistent area Does the development use roadway and "hard that is appropriate for its design? Is it with the vision and recommendations of this as expressed in the Comprehensive Plan? YES ❑ (0 to 1 point) Comments: NO (0 points) DESIGN TOTAL Insert in appropriate box on page 1 Transition Area Matrix Page 7 of 7 • • APPENDIX B o Pkwy V-A-CIP 2.121.000 I t/c with Alex re Town Center Phases V and VI (11/30/2014) JKS met with Lou and Zieders. Zieders asked why are my costs going up and AH's not. Lou wants relief from the RA. Alex said only through a council vote. Two issues, how do we calculate credit. This relates to the fact that both the AH spent more on the improvements in Phase V than contemplated, wants credit for this additional value. Alex thinks we are in agreement that he should get credit for that. This is consistent with the expectation approved by Council and would not require further Council action. We need to draft something that clarifies this issue. Second, AH wants credit for the Zeider's improvements, which will be non-taxable. Also wants credit for the expenses he incurred in making improvements to block 12 (Guadalahara space). Alex has made clear that this would be inconsistent with what council approved and would require going back. Lou may choose not to close on the Phase V parking garage until Phase 6 is approved so as to get out of the note and personal guarantee for the RA. an�"°U BCAGy., x G� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish Capital Project 1-005, Green Run High School Collegiate Renovations, and to Appropriate FY 2013-14 School Reversion Funds MEETING DATE: December 2, 2014 • Background: On September 16, 2014, the School Board was presented a summary of the un -audited financial statement for FY 2013-14 in which $15,554,787 lapsed and reverted to the City's General Fund; however, there is a shortfall of $3,356,044 in the Revenue Sharing Formula, leaving a net balance of $12,198,743 available for reversion. In the past, City Council has appropriated such funds to the School System. Under City Council policy, this funding is used for one-time rather than on-going obligations. Additionally, in 2003 at the request of the School Board, the City Council approved an ordinance which established in the City's accounting structure the "Special Revenue Fund - School Reserve" or the 098 Fund. At that time, the City Council was provided a School Board Policy, 3-28, describing the purposes of the 098 Fund (the "Policy"). The Policy provides the purpose of the fund is to allow the School Board to be "in a better position to respond to: 1) unexpected shortfalls in state or federal revenues; 2) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of preparation and adoption of the School Operating Budget; 3) unusual and critical need to fund the subsequent fiscal year's operating budget shortfall; or 4) other fiscal emergencies." The Policy provides a limitation of "up to two (2) percent of the previous year's School Operating Budget, may be placed into this Fund". As of June 30th 2014, the School Reserve Special Revenue Fund had an un -audited balance of $16,616,685 of which $16,000,000 was appropriated as part of the FY 2014- 15 Operating Budget for Schools. This leaves a balance of $616,685 in the 098 Fund. • Considerations: At its November 1811h meeting, the School Board adopted a resolution requesting the reversion funds totaling $12,198,743 be re -appropriated for the following: o $516,300 to the newly established CIP 1-005 Green Run High School Colligate Renovations; and o $11,682,443 to the School Reserve Special Revenue Fund to address: (1) the anticipated operating budget shortfall in FY 2016; (2) emergency expenditures of a non-recurring nature; and (3) other fiscal emergencies. If City Council appropriates the $11,682,443 to the School Reserve Special Revenue Fund, the amount in the Fund will be Tess than the two percent provided by the Policy. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance; School Board Resolution (Adopted November 18, 2014); Ordinance Establishing the Special Revenue Fund — School Reserve (Adopted November 4, 2003); School Board Policy 3-28. Submitting Department/Agennccy:ViVirginia Beach City Public Schools City Manager' 111 VIRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE School Administration Building #6, Municipal Center 2512 George Mason Dr. P. O. Box 6038 Virginia Beach, VA 23456 (757) 263-1000 MISSION STATEMENT The Virginia Beach City Public Schools, in partnership with the entire community, will empower every student to become a life-long learner who is a responsible, productive and engaged citizen within the global community. School Board of the City of Virginia Beach Daniel D. Edwards, Kempsville, Chair William J. Brunke, IV, Princess Anne, Vice Chair Beverly M. Anderson, At -Large Emma L. "Em" Davis, Lynnhaven Dorothy M. "Dottie" Holtz, At -Large Joel A. McDonald, Rose Hall Bobby Melatti, At -large Sam Reid, Beach Elizabeth E. Taylor, At -Large Leonard C. Tengco, Centerville Carolyn D. Weems, Bayside Aaron C. Spence, Ed.D., Superintendent RESOLUTION REGARDING FY 2013/14 REVERSION AND REVENUE ACTUAL UNDER BUDGET FUNDS WHEREAS, On September 16, 2014 the School Board was presented with a summary of the unaudited financial statement for FY 2013/14 (year -ending June 30, 2014) showing the reversion amount to the City's General Fund; and WHEREAS, the total estimated funds available for re -appropriation is $15,554,787; and WHEREAS, the City is currently indicating an FY 2013/14 revenue shortfall of the revenues included in the Revenue Sharing Formula of which the Schools portion is $3,356,044; and WHEREAS, the net reversion funds available for re -appropriation is $12,198,743; and WHEREAS, the Administration recommends the following for the available funds in the amount of $12,198,743: • $516,300 to be re -appropriated to the CIP Fund for the Green Run Collegiate Project • $11,682,443 to be re -appropriated to the School Reserve Special Revenue Fund to cover expected revenue shortfalls in the FY 2015-16 Fund 115 School Operating Budget; and NOW, THEREFORE, BE IT RESOLVED: That the School Board approves the recommended uses of the FY 2013/14 Reversion and Revenue Actual Under Budget funds as presented by the Administration; and be it further FURTHER RESOLVED: That the School Board requests that the City Council approve the re -appropriation of FY 2013/14 Reversion Funds shown above; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 18th day of November 2014 Daniel D. Edwards, Chairman SEAL Attest: Dianne P. Alexander, Clerk of the Board 1 AN ORDINANCE TO ESTABLISH THE SPECIAL 2 REVENUE FUND-SCHOOL RESERVE IN THE CITY'S 3 FY 2003-04 OPERATING BUDGET AND TO 4 APPROPRIATE $448,021 OF FY 2002-03 SCHOOL 5 REVERSION FUNDS TO THIS FUND 6 7 WHEREAS, on May 6, 2003 the School Board amended School Board 8 Policy # 3-28 concerning the establishment of a reserve fund; and 9 WHEREAS, on October 7, 2003 the School Board passed a 10 resolution requesting the appropriation of $448,021 in FY 2002-03 11 school reversion funds to a reserve fund. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, Virginia: 14 1. That a new fund, known as the "Special Revenue Fund- 15 School Reserve," is hereby established in the City's accounting 16 structure. 17 2. That $448,021 of FY 2002-03 school reversion funds is 18 hereby appropriated from the fund balance of the General Fund to 19 the Special Revenue Fund -School Reserve, with estimated revenues 20 increased accordingly. 21 3. That any expenditure of funds from the Special Revenue 22 Fund --School Reserve shall require a resolution approved by eight 23 members of the School Board, as described in School Board Policy # 24 3-28, "Revenue Fund," and shall also require a subsequent 25 appropriation by the City Council to the appropriate category of 26 the School Operating Budget or capital improvement project in the 27 Capital Budget. 28 4. That additions of funds to the Special Revenue Fund -School 29 Reserve or its fund balance shall require a resolution adopted by 30 the School Board and an appropriation by the City Council. 31 32 Adopted b 33 Virginia on t 4t by the daynit of the City of Virginia Beach, Y November, 2003. CA -9037 Ordin/Noncode/Reserveord.wpd R6 - October 30, 2003 Ap•roved as to Approved as to Legal Sufficiency nagemen City Attorney's : Virginia Beach City Public Schools - Policies and Regulations Page 1 of 1 Select Language A c nnnnnuxnt tc le all students with the ne ce sary skills to thrive as 2 1st centu+y (earners. orkers and ca izens. 2512 George Mason Drive • P.O. Box 6038 Virginia Beach, Virginia 23456-0038 757.263.1000; • 757.263.1240 TDD Search Policies and Regulations School Board of the City of Virginia Beach Policy 3-28 BUSINESS AND NONINSTRUCTIONAL OPERATIONS Reserve Fund A. Generally In order to be in a better position to respond to: 1) unexpected shortfalls in state or federal funding; 2) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of preparation and adoption of the School Operating Budget; 3) unusual and critical need to fund the subsequent fiscal year's operating budget shortfall; or 4) other fiscal emergencies, the School Board shall set aside a reserve for contingencies (hereinafter "Reserve Fund" or "Fund") up to two (2) percent of the previous year's School Operating Budget, may be placed into this Fund. The purpose of this Policy is to specify what funds shall be placed in the Reserve Fund, and to set forth the School Board's requirement for any expenditures to be made from the Reserve Fund. B. Policy 1. Any expenditure of funds in the Reserve Fund shall require a resolution adopted by a majority vote of the School Board. Such resolution shall state the purpose(s) of the expenditure, and the total amount to be expended. 2. Pursuant to applicable provisions of state law, the Reserve Fund must be appropriated by City Council annually as part of the school operating budget, and any funds that the School Board desires to be added to the Reserve Fund during the fiscal year must also be appropriated by City Council. Legal Reference: Code of Virginia § 22.1-94, as amended. Appropriations by county, city or town governing body for public schools. Code of Virginia § 22.1-115, as amended. System of accounting; statements of funds available; classification of expenditures. Virginia Board of Education Regulation 8 VAC 20-210-10, as amended. Classification of expenditures. Adopted by School Board: May 6, 1997 Amended by School Board: May 6, 2003 Amended by School Board: September 16, 2014 http://www.vbschools.com/policies/3-28_p.asp 11/21/2014 1 AN ORDINANCE TO ESTABLISH CAPITAL 2 PROJECT 1-005, GREEN RUN HIGH SCHOOL 3 COLLEGIATE RENOVATIONS, AND TO 4 APPROPRIATE FY 2013-14 SCHOOL 5 REVERSION FUNDS 6 7 WHEREAS, on November 18, 2014, the School Board adopted a resolution 8 requesting the City Council appropriate funds that lapsed and reverted at the end of FY 9 2013-14; and 10 11 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA, THAT: 13 14 1. Capital Project #1-005, Green Run High School Colligate Renovations, is hereby 15 established in the FY 2014-15 Capital Budget; 16 17 2. That $12,198,743 is hereby appropriated from the fund balance of the General 18 Fund in the amounts and for the purposes set forth below: 19 A. $516,300 for CIP 1-005 Green Run Collegiate Renovations; and 20 B. $11,682,443 to the School Reserve Special Revenue Fund (098) to 21 address an anticipated budget shortfall in FY 2015-16 and to be available 22 for unanticipated emergencies. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: Budget and Management Services CA13172 R-1 November 21, 2014 APPROVED AS TO LEGAL SUFFICIENCY: IA CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funding within the FY 2014-15 Schools Operating Budget MEETING DATE: December 2, 2014 • Background: At its November 18th meeting, the School Board adopted a resolution requesting that City Council approve a transfer between various classifications. All of the impacted classifications are within the School Operating Fund (Fund 115). Because the requested transfers are between the major classifications, City Council approval is required. • Considerations: The School Board's resolution requests the following transfers, totaling $1,095,712, to purchase iPads, printers, printer cartridges, computers, monitors, computer supplies, laptops, software, and technology services: o $335,921 from Instruction to Technology; o $13,500 from Administration to Instruction; o $205,560 from Transportation to Technology; and o $540,731 from the Operations and Maintenance to Technology. The Schools budget remains balanced, and this transfer will not change total appropriations for Fiscal Year 2014-15. • Public Information: Information will be communicated to the public through the normal Council agenda process. • Attachments: School Board Resolution; Ordinance Submitting Department/Agency: Virginia Beach City Public Schools City Manage VIRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE School Administration Building #6, Municipal Center 2512 George Mason Dr. P. O. Box 6038 Virginia Beach, VA 23456 (757) 263-1000 MISSION STATEMENT The Virginia Beach City Public Schools, in partnership with the entire community, will empower every student to become a life-long learner who is a responsible, productive and engaged citizen within the global community. School Board of the City of Virginia Beach Daniel D. Edwards, Kempsville, Chair William J. Brunke, IV, Princess Anne, Vice Chair Beverly M. Anderson, At -Large Emma L. "Em" Davis, Lynnhaven Dorothy M. "Dottie" Holtz, At -Large Joel A. McDonald, Rose Hall Bobby Melatti, At -Large Sam Reid, Beach Elizabeth E. Taylor, At -Large Leonard C. Tengco, Centerville Carolyn D. Weems, Bayside Aaron C. Spence, Ed.D., Superintendent RESOLUTION REGARDING FY 2014-15 BUDGET AND REQUEST FOR CATEGORICAL/FUND TRANSFERS WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach, Virginia by major Category; and WHEREAS, the Code of Virginia §22.1-115, as amended, requires that technology -related expenditures be made in a separate Fund or Category; and WHEREAS, the School Administration has determined that a number of schools and departments have technology -related spending needs that require categorical/fund transfers to enable such purchases such as: iPads and covers, printers, printer cartridges, computers, monitors, computer supplies, laptops, software, technology services; and WHEREAS, the following budget transfers are recommended by the School Administration: • Total of $335,921 from Operating Fund 115 - Instruction to Operating Fund 115 -Technology • Total of $13,500 from Operating Fund 115 - Administration to Operating Fund 115 — Instruction • Total of $205,560 from Operating Fund 115 — Transportation to Operating Fund 115 — Technology • Total of $540,731 from Operating Fund 115 — Operations & Maintenance to Operating Fund 115 — Technology; and WHEREAS, these transfers are also necessary to appropriately expense and account for technology -related and cross - categorical expenses; and WHEREAS, transfers between categories/funds must be approved by the City Council prior to expenditure of such funds by the School Board. NOW, THEREFORE, BE IT RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds; and FURTHER RESOLVED: That the School Board requests that the City Council approve the budget categorical/funds transfers shown above; and be it FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 18`h day of November 2014 SEAL Attest: Dianne P. Alexander, Clerk of the Board Daniel D. Edwards, Chairman 1 AN ORDINANCE TO TRANSFER FUNDING WITHIN THE 2 FY 2014-15 SCHOOL OPERATING BUDGET 3 4 WHEREAS, the School Board requested, by resolution adopted November 18, 5 2014, a transfer of funds from various classifications to the technology classification to 6 purchase iPads, printers, printer cartridges, computers, monitors, computer supplies, 7 laptops, software, and technology services; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That $1,095,712 is hereby transferred within the FY 2014-15 Schools Operating 13 Budget (115 Fund) in the amounts set forth below: 14 15 1. $335,921 from the Instruction Classification to the Technology Classification; 16 2. $13,500 from Administration Classification to the Instruction Classification; 17 3. $205,600 from the Transportation Classification to the Technology 18 Classification; 19 4. $540,731 from the Operations and Maintenance Classification to the 20 Technology Classification. day of Adopted by the Council of the City of Virginia Beach, Virginia, on the , 2014. APPROVED AS TO CONTENT: Budget and Management Service CA13173 R-1 November 21, 2014 APPROVED AS TO LEGAL SUFFICIENCY: r y' O ice BSC�Nir .+e hY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to Emergency Communications & Citizen Services to Expand Training Workstations and for Training Opportunities MEETING DATE: December 2, 2014 • Background: The Virginia E-911 Services Board has awarded Virginia Beach Emergency Communications & Citizen Services (ECCS) a State grant under the FY 2015 Public Safety Answering Point (PSAP) Grant Program in the amount of $150,000. This grant program financially assists Virginia's primary PSAPs with the purchase of equipment and services, which support the continuity and enhancement of wireless E- 911. Specifically, this grant will acquire eight E911 training workstations with current technology to enable access to next generation 911 and fully equip the PSAP with the software applications that are utilized on the 911 Operations floor. These additional workstations will allow ECCS to better train new recruits and to improve the processing of 911 calls for service, improve recruit retention, as well as provide backup resources in the event of a disaster. ECCS also was awarded $2,000 from the Wireless Education Grant Program. The purpose of these funds is to allow ECCS personnel to attend State-sponsored conferences. • Considerations: The grant funding is expected to cover 100% of the cost to purchase the required equipment and related training. There is no local grant match requirement. The grant period is from July 1, 2014 through June 30, 2015. Funds will be provided on a reimbursement basis upon submission of invoices from ECCS to the Virginia E-911 Services Board. Also, the Department of Communications and Information Technology will include this equipment on the list of future equipment to be replaced through their public safety communications infrastructure replacement capital project. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Emergency Communications & Citizen Services City Manager: l� 1 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO EMERGENCY COMMUNICATIONS & CITIZEN 3 SERVICES TO EXPAND TRAINING WORKSTATIONS AND 4 FOR TRAINING OPPORTUNITIES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $152,000 is hereby accepted from the Virginia E-911 Services Board and 10 appropriated, with estimated State revenues increased accordingly, to the FY 2014-15 11 Operating Budget of the Department of Emergency Communications & Citizen Services 12 (ECCS) for the following purposes: $150,000 for eight workstations to enable ECCS to 13 improve 911 call service; and $2,000 for costs related to attendance of State-sponsored 14 conferences for ECCS personnel. 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 Servic CA13164 R-1 November 17, 2014 s City Attorneys" ffice CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate Funding from the Maritime Forest Trust Fund for the Live Oak Program MEETING DATE: December 2, 2014 • Background: The City of Virginia Beach has established a Maritime Forest Trust Fund for the purpose of collecting donations dedicated to the restoration or enhancement of trees and habitat in the City's Atlantic and Chesapeake Bay coastal maritime forest areas, including tree planting, tree transplanting, tree protection, or similar related activities. The fund was initially targeted at helping to protect losses to maritime forest areas in the City threatened by increasingly intensive urban development and redevelopment activity. The Trust fund currently has $43,263 of fund balance and $4,110 of current year revenue for a total of $47,373, all from private donations. In conjunction with the Trust Fund, the Department of Planning and Community Development has developed a Live Oak strategy to implement recommendations contained in the City's Comprehensive Plan, with the assistance of various agencies of the Commonwealth of Virginia and the Friends of Live Oaks community organization. The Friends of Live Oaks community organization is currently developing a program for reintroducing live oaks throughout the City as a signature tree species, noting that maritime forest habitats are among the most threatened and rare ecosystem areas in the world. This program is also in keeping with City Council's designation of the Live Oak as the City's Official Tree. • Considerations: City staff has been working to develop a cost sharing arrangement with the Friends of Live Oaks community organization as part of the Live Oak strategy, which accomplishes multiple outcomes. First, the implementation of a previous live oak planting project by the City and Friends of Live Oaks has established a sound model for continued future live oak restoration efforts in the City, and has helped reestablish community interest and awareness of this unique tree in the City. Second, the Live Oak strategy represents a significant effort by the City to continue to address restoration of unique maritime forest habitat in the City, and shows local commitment to helping achieve the objectives of both Virginia and Federal government towards restoration of natural habitats and their contributions to improving both air and water quality. Third, this proposed continuation and expansion of the live oak program links directly to a major step forward on continuing an integrated strategy, which has been developed for environmental restoration of a special City ecosystem by working to prioritize efforts at restoration within those areas of the City that exhibit the highest potential for restoration of maritime forest habitat. The current project consists of continuation and expansion of the pilot live oak program initiated in 2011 between the City and the Friends of Live Oaks community organization. The total cost of this project is $10,500. If approved, the trust fund will have $36,873 remaining, which may be utilized to undertake future maritime forest restoration projects as they are designed and developed and ready for implementation. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Planning and Community Development City Manager: DEPARTMENT OF PLANNING ENVIRONMENT AND SUSTAINABILITY OFFICE (757) 385-4621 FAX (757) 385-5667 VA Relay Number TTY: 711 httpllwww.vbgov.comleso nen a)vhnnv rnm City cif Virginia Beach INTEROFFICE MEMORANDUM TO: James K. Spore City Manager FROM: Clay Bernick Environment & ustainability Administrator DATE: November 24, 2014 SUBJECT: Funds Disposition from Maritime Forest Trust Fund VBgo> .com MUNICIPAL CENTER BUILDING 2, ROOM 115 2405 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9121 As requested, this is to provide a breakdown on anticipated uses of funds from the Maritime Forest Trust Fund City Council Agenda Request Package to be considered by the City Council on December 2, 2014: Item Amount Purchase of Live Oak Trees for Donation to Friends of Live Oaks for Donation to Residents in the City for Installation on Private Property $4,500.00 Purchase of Live Oak Trees for Donation to Parks and Landscape Management for Installation on City Property Purchase of Educational Materials and Related Items to Support Citizen Awareness of Maritime Forest Ecosystem and Resources in the City $ 500.00 $3,500.00 TOTAL $8,500.00 CC: Douglas L. Smith, Deputy City Manager Jack Whitney, Director of Planning David, Bradley, Management Services Department 1 AN ORDINANCE TO APPROPRIATE FUNDING FROM THE 2 MARITIME FOREST TRUST FUND FOR THE LIVE OAK 3 PROGRAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $10,500 is hereby appropriated, with $6,390 from fund balance and $4,110 9 from current revenue in the Maritime Forest Trust Fund, to the Department of Planning and 10 Community Development to expand the Live Oak Program. Requires an affirmative vote by a majority of all of the members of City Council. 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: Budget and Management Services CitrneyYs •ffice CA13166 R-1 November 17, 2014 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funding from the Living Shorelines Trust Fund to Increase Living Shorelines Habitat in the City MEETING DATE: December 2, 2014 • Background: The City of Virginia Beach has established a Living Shorelines Trust Fund for the purpose of collecting donations dedicated to the restoration or enhancement of living shorelines in the City's tidal shorelines areas including wetlands restoration or establishment, riparian buffer restoration or establishment, or similar related activities. The fund was initially targeted at helping offset impacts to shorelines resulting from shoreline projects where living shorelines cannot be established or restored due to project site constraints from both development and redevelopment activity. The trust fund currently has $6,362 of fund balance and $785 of current year revenue for a total of $7,147 all from private contributions. • Considerations: City staff has been working to identify a series of pilot projects on City -owned property whereby (1) living shorelines habitat can be restored or enhanced, and (2) application of living shorelines principles including wetlands restoration and enhancement, riparian buffer restoration and enhancement, and planting of native trees and shrubs can be accomplished. Such measures offer economical and sustainable solutions to long-term shoreline erosion and stabilization issues, help improve water quality by filtering runoff, and make shoreline properties more resilient to recurrent flooding and sea level rise threats. This item does not include any funding for the Lynnhaven Aquaculture Center because that matter has been deferred indefinitely by City Council. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendation: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Planning and Community Development City Manager: DEPARTMENT OF PLANNING ENVIRONMENT AND SUSTAINABILITY OFFICE (757) 385-4621 FAX (757) 385-5667 VA Relay Number TTY: 711 http:/Mnww.vbgov.comleso acnTi vhnnv rnm City caf Virginia Beach INTEROFFICE MEMORANDUM TO: James K. Spore City Manager FROM: Clay Bernick 4J i Environment & Sustainability Administrator DATE: November 24, 2014 SUBJECT: Funds Disposition from Living Shorelines Forest Trust Fund VBgov.corn MUNICIPAL CENTER BUILDING 2, ROOM 115 2405 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9121 As requested, this is to provide a breakdown on anticipated uses of funds from the Living Shorelines Trust Fund City Council Agenda Request Package to be considered by the City Council on December 2, 2014: Item Purchase of Native Plant Material for Donation to Parks and Recreation for Installation at Little Island Park Purchase of Native Plant Material for Donation to Lynnhaven River NOW for Installation at Various Sites on City Property, including Pleasure House Point Natural Area and Westernmost Point of Bay Island Amount $1,000.00 $2,250.00 TOTAL $3,250.00 CC: Douglas L. Smith, Deputy City Manager Jack Whitney, Director of Planning David, Bradley, Management Services Depai tment 1 AN ORDINANCE TO APPROPRIATE FUNDING FROM THE 2 LIVING SHORELINES TRUST FUND TO INCREASE LIVING 3 SHORELINE HABITAT IN THE CITY 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That $3,250 is hereby appropriated, with $2,465 from fund balance and $785 of 8 current revenue in the Living Shorelines Trust Fund, to the FY 2014-15 Operating Budget 9 of the Department of Planning and Community Development to fund efforts to increase 10 living shoreline habitat in the City. Requires an affirmative vote by a majority of all of the members of City Council. 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: Budget and CA13167 R-2 November 24, 2014 Services �t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from Completed Capital Projects to Renovate the Collier Building, to Outfit an Emergency Facility with a Generator, and to Fund Site Acquisition Needs MEETING DATE: December 2, 2014 ■ Background: The Department of Finance periodically closes CIP projects and determines if any revenue is available for reprogramming in the Capital Improvement Program. After the most recent review, Finance determined that $1,939,291 is available to be reprogrammed in the Capital Improvement Program. It is proposed to use this amount for the following items: 1. The Collier Building, 256 N. Witchduck Road, was acquired as part of the roadway project, and it will be the location of City employee offices. This building requires $1.7 million for renovations and repairs. Of that amount, staff has identified $1.1 million available in the CIP, but recommends the needed $600,000 be provided to the Various Buildings Rehabilitation and Renewal III Capital Project (#3-137). 2. The Bayside area of the City currently lacks a primary emergency shelter. The Kemps Landing/Old Donation School is currently under construction in this area. This facility will have the ability to serve as a primary emergency shelter if outfitted correctly with an emergency generator. The scope of work to be completed will provide adequate space to shelter a significant number of people during an emergency event. The purchase and installation of an emergency generator will allow the facilities to house an even greater number of individuals in an emergency situation. The school, once completed, will fill a significant gap for sheltering in that area of the city. 3. The Various Site Acquisitions II Capital Project (#3-139) was created to purchase key site acquisitions and provide for a regular schedule of funding as sites are identified for purchase. The project currently has approximately $439,000 that has not been identified for any purchases. • Considerations: The attached ordinance uses those funds identified by the Department of Finance in its CIP review. Of the $1,939,291 identified, the ordinance recommends: $600,000 to CIP #3-137 to finalize the needed repairs to the Collier Building; $255,000 to CIP #1-233, Consolidated Old Donation Center/Kemps Landing Magnet, for the purchase an emergency generator needed to utfit the facility as an emergency shelter; and the remaining $1,084,291 to CIP #3-139 in furtherance of the City's site acquisition needs. • Public Information: Public information will be provided through the normal Council Agenda process. A public briefing regarding the Collier Building was provided to Council on November 25tH • Recommendations: Approve the attached ordinance. • Attachments: Ordinance; Exhibit A (Transfer Source Details) Recommended Action: Approval Submitting Department/Agency: Budget and Management Services CIS --,°iii. City Manager: EXHIBIT A TRANSFERS ORIGIN AMOUNT Closed Projects** $1,507,847 Available Paygo/Gen Fund in CIP $431,444 total $1,939,291 ** Detail of Closed Project and Amounts 2-018 - Major Intersection Improvements $94,541.60 2-041- Dam Neck Road PH 1 $0.50 2-076 - Laskin Road Gateway $124,439.72 2-137 - Great Neck Rd IV/London Brdg Rd III $537.62 2-186 - Norfolk Southern Right of Way $24,280.07 2-285 - Traffic Safety Improvements PH 11 $16,392.68 3-054 - Animal Control & K-9 Unit Replacemnts $9,185.77 3-061- CIT Hansen V.8 Upgrade $95,717.51 3-073 - Colonial Educ Center Cons & Land Acqn $2,850.00 3-090 - CIT P&R CLASS/INSITE Interface $0.94 3-102 - Alarm System Monitoring/MOSCAD $906,339.47 3-244 - Fire/Rescue Station - Chesapeake Beach $10,734.00 3-317 - Police SPEC OPS/Forensics/Evid Cmplx $23,351.18 3-282 - Municipal Bldg Security Enhancements $2,152.24 3-359 - BLGD Modern, Renewals, and Replacemts $27,964.40 3-365 - Fire Facility Rehab & Renewal PH 11 $10,169.01 3-371- Fire Apparatus PH 11 $0.40 3-602 - CIT Oracle Applications Release 12 UPG $18,677.50 3-620 - VBAlert Replacement $47,432.00 4-018 - Greenways & Scenic Waterways PH 11 $208.62 4-072 - Bayside Community Center $67,294.66 4-075 - Pedestrian System Improvements PH 1 $0.27 8-830 - Rudee Inlet Dredging $11,925.00 9-018 - Convention Center Replacement $0.43 9-504 - Parliament Greenwich Connector $7,750.00 9-505 - Cleveland Street PH 1 $5,901.62 $1,507,847 1 AN ORDINANCE TO TRANSFER FUNDS FROM 2 COMPLETED CAPITAL PROJECTS TO RENOVATE THE 3 COLLIER BUILDING, TO OUTFIT AN EMERGENCY 4 FACILITY WITH A GENERATOR, AND TO FUND SITE 5 ACQUISITION NEEDS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $1,939,291 is hereby transferred from the sources identified on the attached, Exhibit 11 A, with $600,000 transferred to Capital Project #3-137, Various Buildings Rehabilitation 12 and Renewal III, to complete the renovation of the Collier Building, $255,000 to Capital 13 Project 1-233, Consolidated Old Donation/ Kemps Landing Magnet to purchase an 14 emergency generator required to make it an emergency shelter, and $1,084,291 to Capital 15 Project #3-139, Various Site Acquisitions II, in furtherance of the purposes of Project #3- 16 139. 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: Budget and Management Sery es CA13160 R-2 November 24, 2014 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, December 2, 2014, at 6:00 P.M., at which time the following applications will be heard: DISTRICT 7 - BEACH Moison Development, LLC Application: S hdivision Variance to Sections 4.4(b) and 4.4(d) of the Subdivision Regulations. Request will permit the same number of allowed by -right dwelling units but in a different lot configuration at 1032 Fleming Drive (GPIN 2417692178). DISTRICT 7 - PRINCESS ANNE Strawbridge Animal Care/Delaware Corp. Application: Conditional Use Permit (Animal Hospital/Veterinary Establishment) at 2400 Castleton Commerce Way (GPIN 2405319813). King Farms, LLC /King Farms, LLC and Pamela Gray Application: Change of Zoning from AG -1 and AG -2 Agricultural Districts to Conditional PD -H2 Planned Development [R-20 Residential] and P-1 Preservation Districts. Comprehensive Plan - Transition Area. Proposal is to develop the site with 153 single-family dwelling units. Floodplain Variance. Property is located at 2852 and 2876 West Neck Road (GPINs 1493959189, 1493966386, 1493969675, 2403048740, and 2403056472). Steve Barnes Application: Conditional Use Permit for a Farm Stand at 1076 Sandbridge Road (GPIN 2423267173). John D & Randi Vogel and Hunt Club Farm/A-1-A, LLC & Hunt Club A -1-A, LLC Application: Change of Zoning (AG -2 Agricultural and Conditional B-2 Community Business to Conditional B-2 Community Business). Modification of Conditions (approved by the City Council on October 22, 1991, May 23, 2000, November 9, 2004, April 12, 2005, November 14, 2006, October 23, 2007 and July 8, 2008) at 2388 London Bridge Road. DISTRICTS - LYNNHAVEN Beach Motor Sports/Patrick Cunningham Application: Virginia Beach Boulevard (GPIN 1497262011). Garrett A. & Bernadette P. Alcaraz Application: create two (2) lots, neither of which meets the minimum required 1498216266) Conditional Use Permit (small engine repair and service) at 2976-80 Variance to the Subdivision Regulations. Section 4.4 (b). Request is to lot width for the R-40 District at 3075 Bray Road (GPIN CITY OF VIRGINIA BEACH Ordinance to Amend Section 208 of the City Zoning Ordinance pertaining to portable storage containers for special events. (A) Ordinance to adopt amendments to Chapter 4 (Princess Anne & Transition Area) of the Policy Document of the Comprehensive Plan: (1) Description and general issues affecting development in Transition Area; (2) vision statement (mix of uses, transitional character, preservation of open space, waterways, natural resources, and recreational amenities); (3) development and design general policies (density/intensity, development techniques, architectural themes, historic preservation, AICUZ considerations); (4) open space & recreation (open space, roadway buffers, trail system; (5) infrastructure (availability and adequacy of public infrastructure phased development, concurrency with implementation of Capital Improvement Plan, public or private sewage disposal facilities, Master Transportation Plan, stormwater management); (6) residential development policies (dwelling unit density, parcel consolidation, lot area, active and passive open space, roadway buffers, trail/open space connectivity, fencing); (7) non-residential development policies (scale, intensity, location, site design, open space, parking, signage, trail connectivity). AND (B) Ordinance to adopt amendments to Transition Area Design Guidelines and incorporate by reference into Comprehensive Plan: (1) general physical design principles (applicability to connected "Special Places" designated in Comprehensive Plan, development and design techniques, open space, viewsheds, stormwater management, roadway buffers, trail linkage, design elements); (2) residential development (parcel consolidation, lot area, active and passive open space, connectivity, fencing, sewage disposal, sidewalk/non-vehicular mobility); (3) non-residential development (scale, intensity, location, open space, trail connectivity, stormwater management, natural area preservation, parking, signage); (4) design character of special places in or near Transition Area (Municipal Center, Princess Anne Historic Courthouse, Nimmo Church, Pungo, Environmental Education Center at Back Bay); (5) glossary of terms; (6) updated Trails and Open Space Network map. Ordinance to Amend Article 2 of the City Zoning Ordinance by adding a new Part H, consisting of Sections 280 through 283, and to amend Sections 602, 702, 802, 902, and 1002, allowing optional reduced street setbacks in Apartment, Hotel, Office, Business, and Industrial Districts within Strategic Growth Areas and setting forth conditions for the reduction of such setbacks. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at ,),p For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303. Beacon November 16 & 23, 2014 24414436 J. PLANNING 1. Applications for Variances to Subdivison Regulations: a. MOISON DEVELOPMENT, LLC Sections 4.4 (b) and 4.4 (d) re dwelling units at 1032 Fleming Drive DISTRICT 6 - BEACH RECOMMENDATION APPROVAL b. GARRETT A. and BERNADETTE P. ALCARAZ Section 4.4 (b) re lots at 3075 Bray Road DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Application of STRAWBRIDGE ANIMAL CARE for a Conditional Use Permit re an Animal Hospital/Veterinary Establishment at 2400 Castleton Commerce Way DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 3. Application of BEACH MOTOR SPORTS for a Conditional Use Permit re small engine repair and service at 2976-80 Virginia Beach Boulevard DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 4. Application of STEVE BARNES for a Conditional Use Permit to expand a Farm Stand at 1076 Sandbridge Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 5. Applications of JOHN D. and RANDI VOGEL and HUNT CLUB FARM at 2388 London Bridge Road DISTRICT 7 — PRINCESS ANNE a. Change of Zoning from AG -2 Agricultural and Conditional B-2 Community Business to Conditional B-2 Community Business b. Modification of Conditions (approved October 22, 1991, May 23, 2000, November 9, 2004, April 12, 2005, November 24, 2006, October 23, 2007 and July 8, 2008) to expand their outdoor recreation and entertainment operation RECOMMENDATION APPROVAL 6. Applications of KING FARMS, LLC at 2852 and 2876 West Neck Road DISTRICT 7 — PRINCESS ANNE a. Change of Zoning from AG -1 and AG -2 Agricultural Districts to Conditional PD -H2 Planned Development (R-20 Residential) and P-1 Preservation Districts re single family units b. Floodplain Variance in the Transition Area RECOMMENDATION APPROVAL 7. Ordinances to AMEND the City Zoning Ordinance (CZO) a. Section 208 re portable storage containers for special events b. Article 2 ADDING Part H, Sections 280 through 283 and Sections 602, 702, 802, 902, and 1002 re street setbacks within SGA Areas RECOMMENDATION APPROVAL -a Subdivision Variance 4.4(b) & 4. ' Zoning with Conditions/Proffers. Open Space Promotion �xw -� : Sl rf ter+ S , � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MOISON DEVELOPMENT, LLC (Applicant & Owner), Subdivision Variance to Sections 4.4(b) and 4.4(d) of the Subdivision Regulations. 1032 Fleming Drive (GPIN 2417692178). COUNCIL DISTRICT — BEACH. MEETING DATE: December 2, 2014 • Background: The applicant is requesting a variance to Sections 4.4(b) and 4.4(d) of the Subdivision Regulations for the purpose of subdividing the 10,384 square foot parcel, zoned A-24 Apartment, and developing three townhouse dwelling units. Section 4.4(b) requires that new Tots must meet the requirements of the Zoning Ordinance. Two of the proposed three lots will have no lot frontage on a public right-of-way as required by the Zoning Ordinance. Section 4.4(d) requires that each lot have direct access to a public street. Two of the three lots have no direct access. • Considerations: The applicant originally submitted a site plan to the Development Services Center proposing a five unit, multifamily development on the site, consistent with the number of units that would be allowed for this lot at 24 units per acre. During the review of that plan, however, it was discovered that the parcel was not legally created. Moreover, since the parcel does not meet the minimum lot size requirement of 20,000 square feet for multifamily development in the A-24 District, recording a subdivision plat to establish the lot as legal is not possible. Accordingly, the only options available to the applicant are to (1) retain the existing nonconforming single-family dwelling on the lot (single-family dwellings are not permitted in the Apartment districts) or (2) subdivide the lot for three townhouse Tots. The applicant desires to develop the site with the three townhouse units; however, the by -right subdivision of the lot for three townhouse units is not optimal with regard to configuration, as the lots are narrow and very deep. As an alternative, the applicant proposes to subdivide the parcel for three townhouse lots in a configuration that results in lots that are wider and less deep than the by -right configuration. The applicant's proposed subdivision plan orients the townhouses such that the front facades face west. Access to all three units will be from Fleming Drive via a private, variable width ingress/egress easement that will be created along the western side of the site. Each unit will have two off-street parking spaces, in MOISON DEVELOPMENT, LLC Page 2 of 2 addition to an attached garage. Utility and drainage easements will also be created as a part of the variable width easement at the west of the site and along the eastern edge of the site. Further details pertaining to the site and building designs, as well as Staff's evaluation of the request, are provided in the attached staff report. 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 11-0, to recommend approval of this request to the City Council with the following conditions: 1. With the exception of any modifications required as a result of the formal site plan review process, the site shall be developed in substantial conformance to the submitted site plan entitled, "LAYOUT PLAN OF PROPOSED TOWNHOMES FLEMING DRIVE", dated 05/14/2013 and revised on 07/23/2013 and prepared by John E. Sirine Associates, Ltd. 2. When developed, the townhomes constructed on the property shall be in substantial conformity with the submitted elevation drawings entitled, "MOISON DEVELOPMETN, LLC FRONT ELEVATION RENDERING 1032 FLEMING DRIVE" and "MOISON DEVELOPMENT, LLC ELEVATION DRAWING 1032 FLEMING DRIVE". 3. A private ingress/egress access easement shall be recorded as depicted on the exhibit referenced in Condition 1 above. Said easement shall be for the benefit of the lots identified as "Lot 1" and "Lot 2". • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department I City Manager: r Moison Develo )ment, L.L.C. Subdivision Variance 4.4(d) REQUEST: Subdivision Variance to Section 4.4 (d) of the Subdivision Ordinance, which requires each lot created by subdivision shall have direct access to a public street. ADDRESS / DESCRIPTION: 1032 Fleming Drive 1 November 12, 2014 Public Hearing APPLICANT & PROPERTY OWNER: MOISON DEVELOPMENT, L.L.C. STAFF PLANNER: Kevin Kemp GPIN: 24176921780000 ELECTION DISTRICT: SITE SIZE: BEACH AICUZ: 10,384 square feet 70-75 dB DNL (0.24 acre) APZ-2 BACKGROUND / DETAILS OF PROPOSAL Existing Lot: The existing lot (10,384 square feet or 0.24 acre) is zoned A-24 Apartment District. There is a single-family dwelling and a detached garage on the property, both of which will be removed. The lot has 74.9 feet of street frontage along Fleming Drive. Although it appears as though Fleming Drive continues along the eastern property line of the site that portion of the road is a private drive lane. The applicant submitted a site plan to the Development Services Center proposing a five unit, multiple - family development on the site. The lot, at 0.24 acre and a density of 24 dwelling units per acre, yields 5 units. During the review process, however, it was discovered that the lot was not legally created. The lot was created by deed in 1955, and any lot created after 1953 is required to be recorded by plat with the Circuit Court. The applicant cannot resolve the issue by recording a subdivision plat, as the lot does not meet the minimum lot size requirement of 20,000 square feet for multiple -family development in the A-24 District. Accordingly, staff suggested to the applicant that with the current lot, three townhome lots could be developed as a matter of right. This by -right configuration is, in Staff's opinion, awkward and not MOISON DEVELOPMENT, L.L.C. Agenda Item 1 Page 1 aesthetically pleasing (see `Layout A' below). Instead, Staff, working with the applicant, found that an alternative configuration provided the opportunity for a higher quality townhouse development (see `Layout B' below). This alternative layout is the one proposed with this variance request to the subdivision regulations. This request, should it be approved, will create three lots that meet the minimum lot size requirements for a townhome development, but that will not meet the required street frontage. LAYOUT A LAYOUT B (proposed by applicant) N 1 FLEMING DRIVE SUBDMSION OF PROPERTY NOT REQUIRING A VARIANCE FLEMING CIRCLE (Private) FLEMING DRIVE PROPOSED SUBDIVISION REQUIRING A VARIANCE Proposed Lots (as shown in "Layout B"): It is the intent of the applicant to subdivide the 10,384 square feet lot into three Tots, as shown in "Layout B" above. The lots will vary in size, as shown in the table below. The applicant could subdivide the property into three parcels, aligning east to west, without requiring a subdivision variance (see "Layout A" above); however, in order to meet the required street frontage, these lots would be extremely narrow and deep. Instead, the applicant has proposed to subdivide the lot into three parcels aligned from north to south. Using this configuration, only Lot 3 (as shown on the submitted plan) has frontage along the right-of-way. Lots 1 and 2 do not have direct access to a public street. The submitted plan shows an ingress/egress easement providing vehicular access to Lots 1 and 2. Accordingly, a variance is required to the Subdivision Regulations pertaining to lot width and frontage. Item Lot Width in feet dinalike-C130 for exterior I0* Lott Lott Lot 3 74.9 MOISON DEVELOPMENT, L.L.C. Agenda Item 1 Page 2 Lot Area in square feet 14 for interior 1,400 3,360 *Variance required 2,580 4,445 Details: The submitted site plan shows three townhome dwelling units. The townhomes are oriented such that the front facades face west. Access to all three units will be from Fleming Drive via a private, variable width ingress/egress easement that will be created along the western side of the site. Each unit will have two off-street parking spaces, in addition to an attached garage. Utility and drainage easements will also be created as a part of the variable width easement at the west of the site and along the eastern edge of the site. Solid wood fencing will be provided along the eastern and western property lines. The fencing will be six feet in height to provide privacy from the adjacent commercial and multiple -family housing properties; however, the fence will taper to four feet in height as it approaches Fleming Drive and will meet all requirements of the Section 201(e) of the Zoning Ordinance. The submitted building elevations show three-story units. The front (west) elevation depicts a shed roof with dormers on the third floor, open porches on the second floor, and the entry door and garage on the ground floor. There is also an entry shown on the ground level of the rear elevation. The exterior of the proposed townhomes will use vinyl siding, with faux -stone paneling around the garage. Other decorative features include: varying roof lines, transom windows next to the front entry door, white decorative columns and railings, white trim boards, and copper roof accents over the dormers. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: • USE AND ZONING: Multiple -family apartment complex / A-24 Apartment District South: • Fleming Drive • Multiple -family apartment complex / A-24 Apartment District East: • Multiple -family apartment complex / A-24 Apartment District West: • Specialty retail (motorcycle parts and pet supplies) / B-2 Community Business District The site is developed with a single-family dwelling. The site is located in the Chesapeake Bay Watershed. There do not appear to be any significant natural resources or cultural features associated with the site. NATURAL RESOURCE AND CULTURAL FEATURES: COMPREHENSIVE PLAN: The subject property is located in the Resort Strategic Growth Area (SGA), as well as the Accident Potential Zone 2 (APZ-2) and Noise Zone 70-75 dB DNL in the area surrounding NAS Oceana. Adopted in 2008, the Resort Area Strategic Action Plan (RASAP) identifies a vision for the Resort SGA in which three distinct yet complimentary districts at Laskin Gateway, Central Beach, and Rudee Marina draw the energy from the beach westward. The goal is to transform the area into a major activity center with strengthened neighborhoods and increased economic growth. Although'RASAP does MOISON DEVELOPMENT L.L.C. Agenda Item 1 Page 3 not directly address properties such as the subject site that are located on the periphery of the Resort SGA, including those impacted by AICUZ, the Plan generally supports urban -style, pedestrian -friendly development. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The site is located on Fleming Drive east of Birdneck Road. Fleming Drive is a two-lane local street with a 40' right- of-way width. Fleming Drive is not included on the City's Master Transportation Plan map, and no Capital Improvement Program (CIP) projects are currently scheduled for this roadway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Fleming Drive No data count available 6,200 ADT 1(Level of Service "C") 9,900 ADT 1 (Level of Service "D") 11,100 ADT 1 (Level of Service "E") Existing A-24 Zoning 2 — 30 ADT Proposed Land Use 3 30 ADT 'Average Daily Trips las defined by three townhouse dwellings 3as defined by three townhouse dwellings WATER: This site connects to City water. There is an existing City water main on Fleming Drive. The existing 5/8 -inch meter (City ID #95039953) can be used or upgraded to accommodate the proposed development. SEWER: City gravity sanitary sewer is not available. Health Department approval is required for septic systems. The site could connect to the City system via a private pump station and force main. 4 Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by MOISON DEVELOPMENT, L.L.C. Agenda Item 1 Page 4 the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. 4 EVALUATION AND RECOMMENDATION The subject site is zoned A-24 Apartment District. The site currently contains a single-family home and a detached garage, which will be demolished. It is the intent of the applicant to subdivide the site into three parcels in order to construct three townhome units. The existing parcel could be subdivided into three parcels, side by side along Fleming Drive without a variance. Due to the size and configuration of the lot, the applicant is requesting a variance to allow the townhome units to be laid out in a more aesthetically pleasing manner, resulting in a better site layout and home design. The proposed townhome development is compatible with the surrounding properties and is consistent with the dense residential development of the area. The site borders a commercial property to the west and multiple -family developments to the north, south and east; therefore, the proposed use is not anticipated to have an adverse effect on any of the surrounding properties. For the reasons stated above, Staff recommends approval of this request with the conditions below. 4 CONDITIONS 1. With the exception of any modifications required as a result of the formal site plan review process, the site shall be developed in substantial conformance to the submitted site plan entitled, "LAYOUT PLAN OF PROPOSED TOWNHOMES FLEMING DRIVE", dated 05/14/2013 and revised on 07/23/2013 and prepared by John E. Sirine Associates, Ltd. 2. When developed, the townhomes constructed on the property shall be in substantial conformity with the submitted elevation drawings entitled, "MOISON DEVELOPMETN, LLC FRONT ELEVATION RENDERING 1032 FLEMING DRIVE" and "MOISON DEVELOPMENT, LLC ELEVATION DRAWING 1032 FLEMING DRIVE". 3. A private ingress/egress access easement shall be recorded as depicted on the exhibit referenced in Condition 1 above. Said easement shall be for the benefit of the Tots identified as "Lot 1" and "Lot 2". MOISON DEVELOPMENT, L.L.C. Agenda Item a Page 5 NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. MOISON DEVELOPMENT Agenda Item 1 Page 6 AERIAL OF SITE LOCATION MOISON DEVELOPMENT, L.L.C. Agenda Item 1 Page 7 CO w O w �W0 p u_ D o Z 0 z 0 Q 0<0 z< o c, wSo 0zz • wo wO a0 Z rT5Z >z a M zp Om On Oco co 0 en z0 Sa az <o N SS 2z 5O a� THE FOLLOWING SIGNATURES: 0 r) O 0 0 o O r W 00 0 a M ~ O 1 0< •n O d z N 0"z o= z rn M Cc? Z 0 < §LJ aw « 0 a0w o> CCF a_ a_ N O to 0 z 0 0 rn co N N w FLEMING (40.5' R/w) DRIVE (FORMERLY MINER AVENUE) (D.B. 409, P. 17)(M.B. 34, P. 6) S 8515'52" W 1 wl ya oI� / y I ,esrl ,r) N) 0co 3 0 a= o J Of M CC • ,991L 0ST Nvq 3 ,,Z5,90.L9 N O b; N CO 0 _ N 0 N 0 LL N- 3 ,, 4,90.L9 N 75' DEED) o (LI 74.90 (FIELD) 1 BIRDNECK ROAD N. ,09'99 O 0 0 CO 0 0 (r) J N z w Z 0 M < W • < > V a \ > z CI 00 0Z o 0CC 0F a�0 (0133) 991+L (0330) ,9L 3 „9C,C4.L9 N W 0 .16 0 0 1- 0 J 0a P9o m . N N N r n 0 N � z O 0 (9Z 'd '69 '8'W)] 1N3W3SV3 30VNIV80 ONY 5311f11O ,Sl l£ U. -09-91.17Z NIdO (9Z 'd '69 '8'W) 3N0 N01103S SIN3W121VdV 30V111h )I03NO2:118 (90l 'd '996 '8'0) NOIIVIOOSSV 3OVTTIA NO3NO2:118 ,1N3W2103 80 MON ,4£'6 0 0 J a LOT INFORMATION TABLE 366 a a a N en 0 0 0 0 O to z_ 2417-69-XXXX 2417-69-XXXX 2417-69-XXXX H 0 J N M PRELIMINARY PLAT FOR PROPOSED SUBDIVISION .,s MOISON DEVELOPMENT, L.L.C.-7)i. Agenda Item 1 5 Page 8 ' 3 UR NAC'_ON1� tV .a.. faun ►+no .�.o I S.31 VO'JSSY 3 WO' 11 1;f i thlf 11111 1.1 1,1411/16 aNO'. .."10,Jb1 Nounnbuw. stga unvno nolmnow iA1WO ONIM3 l SIIMIODWUA031., O9*OdOUd Nrld LIOAII7 te; BcB y 319 o Wo Il tab Y,.. a.,o PROPOSED SITE LAYOUT MOISON DEVELOPMENT, L.L.C. Agenda Item 1 Page 9 LoR OUR NAt PROPOSED PROPERTY LINES PROPOSED SUBDIVISION MOISON DEVELOPMENT, L.L.C. Agenda Item 1 Page 10 J z > EE J C w O Z 0 w Z _z z ILL; OJOLL W Q m W W O J 0z N _ 0 O LL 2 FRONT ELEVATION MOISON DEVELOPMENT, L.L.C. Agenda Item 1 Page 11 A•A 101 irrt J Z 3 0 ZCC LU 0 z z 2 O 0 wLij W ▪ 0 f , W z 0 c0 ELEVATION DRAWINGS MOISON DEVELOPMENT, L.L.C. Agenda Item 1 Page 12 I II BEACH Map L-6 Ma. Not to Scale • Zoning with Conditions/Proffers, Open Space Pro,notion Subdivision Variance 4.4(d) ZONING HISTORY # DATE REQUEST ACTION 1 07/11/2000 Change of Zoning (R-7.5 to A-18) Approved 2 01/27/1986 Change of Zoning (B-2 to B-4) Withdrawn 3 02/04/1985 Change of Zoning (B-2 to A-2) Approved 4 10/10/1983 Change of Zoning (B-2 to A-2) Approved 5 06/21/1982 Change of Zoning (R-6 to A-2) Approved 6 05/17/1982 Change of Zoning (R-6 to A-6) Approved 7 06/15/1981 Change of Zoning (R-6 to A-1) Approved 8 04/17/1978 Change of Zoning (R-6 to A-2) Approved 9 04/16/1970 Street Closure Withdrawn MOISON DEVELOPMENT, L.L.C. Agenda Item 1 Page 13 s.+ ■4.0%.• uvi*714'11 GIYI1:.IV 1 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) Moison Development, LLC: Members - Mark Moison; David Moison 2. List all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Moison Quality Construction, LLC ElCheck here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Same as Applicant. 2. List all businesses that have a parent-subsidiaryi or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Same as Applicant. JJCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes II No ISI If yes, what is the name of the official or employee and the nature of their interest? N/A DISCLOSURE STATEMENT MOISON DEVELOPMENT, L.L.C. AgendaItem 1 age 14 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) John E. Sirine & Associates, Ltd. - Engineering Services Troutman Sanders LLP - Legal Services 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- arentsubsidiary relationship, that exists when (i) one business entity has a controlling ownership subsidiary interest in the other business entity, (11) 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 Govemment 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. '--77/c /Z. :714 C �> Applicant's Signature Property Owner's Signature (if different than applicant) 11'1/44k. Print Name Print Name Subdivision Variance App5cation DISCLOSURE STATEMENT MOISON DEVELOPMENT, L.L. . Agenda Item 1 Page 15. Item #1 Moison Development, L.L.C. Subdivision Variance 1032 Fleming Drive District 6 Beach November 12, 2014 CONSENT An application of Moison Development, L.L.0 for a Subdivision Variance to Section 4.4 (d) of the Subdivision Ordinance, which requires each lot created by subdivision shall have direct access to a public street on property located at 1032 Fleming Drive, District 6, Beach. GPIN: 24176921780000. CONDITIONS 1. With the exception of any modifications required as a result of the formal site plan review process, the site shall be developed in substantial conformance to the submitted site plan entitled, "LAYOUT PLAN OF PROPOSED TOWNHOMES FLEMING DRIVE", dated 05/14/2013 and revised on 07/23/2013 and prepared by John E. Sirine Associates, Ltd. 2. When developed, the townhomes constructed on the property shall be in substantial conformity with the submitted elevation drawings entitled, "MOISON DEVELOPMETN, LLC FRONT ELEVATION RENDERING 1032 FLEMING DRIVE" and "MOISON DEVELOPMENT, LLC ELEVATION DRAWING 1032 FLEMING DRIVE". 3. A private ingress/egress access easement shall be recorded as depicted on the exhibit referenced in Condition 1 above. Said easement shall be for the benefit of the lots identified as "Lot 1" and "Lot 2". A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 1. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE Item #1 Moison Development, L.L.C. Page 2 By a vote of 11-0, the Commission approved item 1 by consent. Robert Beamon appeared on behalf of the applicant. V • 01.1 43 r..► Poolv .°141?; r /111-1101111111 ��.►a rth , ___ ~MN 11111 1 41111111111111J>ii iCIll -qi.viai aiiiz,iDiiiffA9Nimruu•Nrinai- 411111C....11111119MieW 11ar 171_ i� MIIIi2 64110111�� =VEINS ;■ MEWINIIIINA"s It 1J411'�..�t7 /r ."1°1414M111111211!MoftWiff iiiimiiijailiamisze cew:, �._..Qi1M. `MINI lil="INNIN'IMiiiii= 111111MIXOfflan gRIMIUMIENIPb.... AIM ♦JliinlIN .�. 'M1 flit/ 1111/ i z W 43. ‘icn Zx Z�� e S `N yGl p) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GARRETT A. & BERNADETTE P. ALCARAZ (Applicant/Owner), Subdivision Variance to Section 4.4(b) of the Subdivision Regulations, 3075 Bray Road (GPIN 1498216266). COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: December 2, 2014 • Background: The applicants are requesting a variance to Section 4.4(b) of the Subdivision Regulations, which states that new lots must meet the requirements of the Zoning Ordinance. The applicants are proposing two lots, both of which are deficient in lot width. The applicants own a 4.39 -acre lot zoned R-40 Residential District. The lot is bordered by single-family lots to the north, south, and east, and by the Lynnhaven River to the west. There is an existing single-family dwelling, swimming pool, and patio at the rear of the lot. The site is sparsely wooded. The majority of the mature forest floor is within the front half of the lot, where limited site development has taken place. Typical of properties adjacent to inland bodies of water, the configuration of the lot is such that the lot has 478 percent of the amount of required lot area but only 68 percent of the required lot width. • Considerations: It is the intent of the applicants to subdivide 1.45 acres from the site (Lot 2) for the purpose of developing the site with a single-family dwelling. The remaining 2.94 acres (Lot 1) will include the existing residential dwelling. There will also be minor changes to the existing driveway as well as the relocation of the existing pool out of the seaward portion of the Resource Protection Area (RPA) of the Chesapeake Bay Preservation Area (CBPA). Both of the proposed Tots will meet the applicable lot area requirements; however, both lots will be deficient in lot width. The Zoning Ordinance requires a minimum lot width of 125 feet for the R- 40 District. The proposed width of Lot 1 is 19 feet and the proposed width of Lot 2 is 66.59 feet. Thus, both lots are deficient with regard to lot width. Since a portion of the site is located within the RPA, the development of the site as proposed required the approval of the Chesapeake Bay Preservation Area Board. On July 28, 2014, approval was granted subject to 25 conditions. The conditions are provided on pages 11 through 14 of the attached staff report. Further information pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. GARRETT A. & BERNADETTE P. ALCARAZ Page 2 of 3 There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. A site plan shall be submitted to the Department of Planning, Development Service Center (DSC) for review and approval prior to issuance of a building permit. 2. Submitted concurrent with the site plan shall be a separate planting/buffer restoration plan detailing location, number, and species of vegetation to be installed as per the buffer restoration requirements. The planting / buffer restoration plan shall clearly delineate existing naturalized area (forest floor), planting beds, turf zones and areas of shoreline vegetation to be managed permitting sunlight to interface with tidal fringe marsh. 3. Stormwater management shall comply with the requirements set forth within the City Code Ordinance, Appendix D — Stormwater Management. 4. As required by the Chesapeake Bay Preservation Area Board conditions of approval, all required restoration, inclusive of a comprehensive (incorporating lot 1 and lot 2) buffer restoration plan shall be submitted, approved, and restoration installed prior to the recordation of the subdivision plat. 5. The maximum impervious cover for proposed Lot 1 shall be 16,001 square feet as shown on the submitted exhibit. 6. The maximum impervious cover for proposed Lot 2 shall be 6,696 square feet as shown on the submitted exhibit. 7. Located on Lot 1 shall be a 10 -foot wide ingress egress easement to benefit Lot 2 for a shared driveway. Said easement shall extend westward approximately 320 feet from Bray Road to the area referred to as "CONCEPTUAL BUILDING & IMPERVIOUS FOOTPRINT". 8. The parcels shall be subdivided substantially in accordance with the submitted preliminary subdivision plate titled, "NORTHEAST PORTION OF SITE 11," dated 08/14/14, as prepared by Martin Engineering. Said preliminary subdivision plat has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. • Attachments: Staff Report and Disclosure Statements GARRETT A. & BERNADETTE P. ALCARAZ Page 3 of 3 Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: "3t5-04, LYNNHAVEN %Up 11-6 Garrett A. & Bernadette P. Alcaraz CONII /119.11.001 Subdivision Valance 9 November 12, 2014 Public Hearing APPLICANT AND PROPERTY OWNER: GARRETT A. & BERNADETTE P. ALCARAZ STAFF PLANNER: Kristine Gay REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance, which requires that with the exception of Tots created by governmental action, all lots created by subdivision must meet all requirements of the Zoning Ordinance. ADDRESS / DESCRIPTION: 3075 Bray Road GPIN: 14982162660000 ELECTION DISTRICT: SITE SIZE: AICUZ: LYNNHAVEN 4.386 acres 65-70 dB DNL Sub Area 3 BACKGROUND / DETAILS OF PROPOSAL Existing Lot: The existing lot is located at 3075 Bray Road and is zoned R-40 Residential District. This lot is 4.386 acres with a lot width of 85.59 feet and is bordered by single-family Tots to the north, south, and east, and by the Lynnhaven River to the west. The lot has been developed in the rear with a single- family dwelling, swimming pool, and patio. The site is sparsely wooded. The majority of the mature forest floor is within the front half of the lot, where limited site development has taken place. As shown on the preliminary subdivision plat, the site is located within the Resource Protection Area (RPA), which is the more stringently regulated portion of the Chesapeake Bay Preservation Area (CBPA). The applicant presented their proposed site improvements to the CBPA Board on July 28, 2014. The CBPA Board Staff could not support the application, concluding that "the removal of the largest mature area of riparian buffer on the site, coupled with the applicant proffering to supplement the existing buffer as a means of restoration versus the creation of buffer within proposed Lot 1 in areas currently devoted to turf .... would not maximize rainwater infiltration as intended by the Ordinance."The Chesapeake Bay Preservation Area Board Staff recommended "... that with the creation of the two lot subdivision, there GARRETT A. & BERNADETTE P. ALCARAZ Agenda Item 9 Page 1 needs to be a comprehensive buffer restoration plan that addresses the restoration of the entire riparian buffer system and not just the supplementation of existing riparian buffer on proposed Lot 2," (Staff Report for Garrett A. and Bernadette P. Alcaraz, Chesapeake Bay Preservation Area Board Hearing, July 28, 2014). Upon hearing the application, the CBPA Board voted to approve the applicant's encroachment into the RPA contingent to 25 conditions. The conditions are provided on pages 11 through 14 of this report. Proposed Lots: It is the intent of the applicant to subdivide 1.45 acres from the site to be developed with a single-family dwelling (Lot 2). The remaining 2.94 acres of the site (Lot 1), will retain the existing residential dwelling and include minor changes to the existing driveway and the relocation of the existing pool out of the seaward portion of the RPA. As shown in the table below, both of the proposed lots will meet the applicable lot area requirements, however, both lots will be deficient in lot width. This proposed deficiency in lot width requires a Subdivision Variance. Lot Criteria Required by Code Existing Lot Proposed Lot 1 Proposed Lot 2 Lot width in feet 125 85.59 19 * 66.59 * Lot area in square feet 40,000 191,046 127,866 63,180 Lot area outside of water, marsh, or wetlands in square feet 24,000 114,656 80,572 34,084 *Variance required EXISTING LAND USE SURROUNDING LAND USE AND ZONING NATURAL RESOURCE AND CULTURAL FEATURES COMPREHENSIVE PLAN LAND USE AND COMPREHENSIVE PLAN Single-family dwelling North: South: East: West: • Lynnhaven River • Single-family homes / R-40 Residential District • Single-family homes / R-40 Residential District • Single-family homes / R-40 Residential District • Lynnhaven River • The site is located in the Chesapeake Bay Preservation Area and consists of water, marsh, wetlands, and wooded natural areas. 40% (76,390 square feet) of this site is wetlands, marsh, or below water. The Comprehensive Plan designates this site as being within 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. IMPACT ON CITY SERVICES WATER Lot 1 is connected to City water. The existing 5/8 -inch meter (City ID #95055769) may be used or upgraded to accommodate the proposed development. Lot 2 must connect GARRETT A. & BERNADETTE P. ALCARAZ Agenda Item 9 Page 2 to City water. SEWER Lot 1 is connected to City sewer. Lot 2 must connect to City sewer. Pump Station #245 is the receiving pump station for this site. Water and sanitary sewer service must be verified and improved if necessary so that the new building will have adequate water pressure, fire protection, and sanitary sewer service. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION The subject site is zoned R-40 Residential and substantially exceeds the minimum lot area standards by being 4.386 acres in size. Typical of properties adjacent to inland bodies of water including properties in the vicinity, the subject site has a disproportionately small lot width. The site has 478% of the amount of required lot area, and only 68% of the required lot width. Based on the hardship caused by the physical character of the lot, the applicant is requesting a Subdivision Variance to allow the subdivision of the existing lot into two lots which will both be greatly deficient in lot width. The site is bordered by the Lynnhaven River to the west and partially to the north; therefore, the applicant presented their proposed site improvements and subdivision requests to the CBPA Board on July 28, 2014. While, as described on pages 1 and 2, the request was recommended for denial by the Chesapeake Bay Preservation Area Board Staff, the CBPA Board voted to approve the applicant's encroachment into the RPA contingent to 25 conditions. These conditions are provided on pages 11 through 14. To alleviate any concern that "the authorization of the requested Subdivision Variance will not be of, substantial detriment to adjacent properties, and that the character of the neighborhood,Witl,not be GARRETT A. & BERNADETTE P. ALCARAZ Agenda Item 9 Page 3 adversely affected" (Section 9.3(B), above), the applicant has acquired signatures of support from five adjacent and nearby property owners. Said signatures have been included near the end of this report. The physical character and topography of this site presents a hardship. The requested subdivision will result in two lots that will be similar to existing lots on Bray Road, and that, in Staff's opinion, will not result in any adverse effect on the surrounding neighborhood. For these reasons, as well as its consistency with the City of Virginia Beach Comprehensive Plan, Staff recommends approval of this request for a Subdivision Variance subject to the conditions below. CONDITIONS 1. A site plan shall be submitted to the Department of Planning, Development Service Center (DSC) for review and approval prior to issuance of a building permit. 2. Submitted concurrent with the site plan shall be a separate planting/buffer restoration plan detailing location, number, and species of vegetation to be installed as per the buffer restoration requirements. The planting / buffer restoration plan shall clearly delineate existing naturalized area (forest floor), planting beds, turf zones and areas of shoreline vegetation to be managed permitting sunlight to interface with tidal fringe marsh. 3. Stormwater management shall comply with the requirements set forth within the City Code Ordinance, Appendix D — Stormwater Management. 4. As required by the Chesapeake Bay Preservation Area Board conditions of approval, all required restoration, inclusive of a comprehensive (incorporating lot 1 and lot 2) buffer restoration plan shall be submitted, approved, and restoration installed prior to the recordation of the subdivision plat. 5. The maximum impervious cover for proposed Lot 1 shall be 16,001 square feet as shown on the submitted exhibit. 6. The maximum impervious cover for proposed Lot 2 shall be 6,696 square feet as shown on the submitted exhibit. 7. Located on Lot 1 shall be a 10 -foot wide ingress egress easement to benefit Lot 2 for a shared driveway. Said easement shall extend westward approximately 320 feet from Bray Road to the area referred to as "CONCEPTUAL BUILDING & IMPERVIOUS FOOTPRINT". 8. The parcels shall be subdivided substantially in accordance with the submitted preliminary subdivision plate titled, "NORTHEAST PORTION OF SITE 11," dated 08/14/14, as prepared by Martin Engineering. Said preliminary subdivision plat has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. GARRETT A. & BERNADE'TE P. AL►tAZ AgengItem 9 age 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. GARRETT A. & BERNADETTE P. AL ARAZ.; Agenda Item 9 Page 5 AERIAL PHOTOGRAPH OF SITE GARRETT A. & BERNADETTE P. ALCARAZ Agenda Item 9 Page 6 PHOTOGRAPH OF SITE CONDITIONS GARRETT A. & BERNADETTE P. ALCARAZ Agenda Item 9 Page 7 PHOTOGRAPH OF SITE CONDITIONS GARRETT A. & BERNADETTE P. ALCARAZ Agenda Item 9 Page 8 PHOTOGRAPH OF SITE CONDITIONS GARRETT A. & BERNADETTE P. ALCARAZ Agenda Item 9 Page 9 II I 0441.0 SKIMS SW \ �' t" 1 J, \ it \/, Z.----.4,;-,—........ I i # a w1p ,4. Kor A►y Z 5 8 II a 0 PROPOSED SUBDIVISION GARRETT A. & BERNADETTE P. ALCARAZ Agenda Item 9 Page 10 CASE 1: OLD BUSINESS PROPERTY OWNER: PROPERTY ADDRESS: 3075 BRAY ROAD Description: Garrett and Bemadette Alcaraz — 3075 Bray Road GPIN: 1498-21-6266 — Lynnhaven District AGENT: Eddie Bourdon, Attorney with Sykes, Bourdon, Ahern & Levy BOARD ACTION: APPROVED WITH 25 CONDITIONS ON JULY 28, 2014 Standard Site Conditions: 1. A pre -construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition. 2. Land disturbance shall be limited to the area necessary to provide for the proposed use or development. GARRETT AND BERNADETTE ALCARAZ 3. The construction access way, staging area, stockpiling area and contractor parking area shall be noted on the site plan. Said areas shall be quantified as land disturbance if not occurring on a paved or graveled surface. 4. Prior to clearing, grading, demolition or construction, suitable protective barriers, such as safety fencing, shall be erected outside of the dripline (to the greatest extent practicable) of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier. 5. Permanent and / or temporary soil stabilization measures shall be applied to all disturbed / denuded area(s) prior to a final building inspection or certificate of occupancy. All disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. Page 2of17 CBPA Board Conditions of Approval GARRETT A. & BERNADETTE P. ALCARAZ Agenda Item 9 Page 11 Site Specific Conditions: 6. A site plan shall be submitted to the Department of Planning, Development Services Center (DSC) for review and approval prior to the issuance of a building permit. 7. Submitted concurrent with the site plan shall be a separate planting / buffer restoration plan detailing location, number, and species of vegetation to be installed as per the buffer restoration requirements. The planting / buffer restoration plan shall dearly delineate existing naturalized area (forest floor), planting beds, turf zones and areas of shoreline vegetation to be managed permitting sunlight to interface with tidal fringe marsh. 8. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D - Stormwater Management. 9. For all areas to be preserved outboard of the limits of construction that are encroached upon, replacement of existing vegetation shall be provided at a 3:1 ratio for all unauthorized (damaged or removed) vegetation impacts. 10. For both lots, construction limits shall lie a maximum of 10' seaward of improvements. 11. For both lots, wire reinforced 36" silt fence, for erosion and sedimentation control measures, shall be installed along the seaward portion of the project prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Said silt fence shall be installed 10 feet from proposed improvements. 12. For proposed Lot 2 all areas outside limits of construction shall be left in a natural state to include the forest floor (leaf litter) left intact. Said condition shall be so noted on the site plan. 13. For proposed Lot 1 all areas within the RPA, exclusive of limits of construction, areas of existing landscaped beds, trees, areas of existing leaf litter or forest floor, and other naturalized areas, such as shoreline vegetation, may not be removed. 14. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA (8,357 sq. ft. x 200% = 16,714 sq. ft.) and shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The required restoration shall be located in the Resource Protection Area, in areas currently devoted to turf or where impervious cover is removed. The restoration shall be installed beginning in the seaward portion of the buffer and progressing landward and shall have a mulch layer of organic material 4" - 6" in depth. Said mulched restoration areas shall be Page 3 of 17 CBPA Board Conditions of Approval GARRETT A. & BERNADETTE P. ALCARAZ Agenda Item 9 Page 12 maintained and not removed or allowed to revert to turf in the future_ The required trees shall be comprised of 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Trees shall not be planted within 15 feet of the shoreline where such planting would result in marsh shading or interference with the integrity of shoreline structures. Salt and flood tolerant plant species shall be planted below the five foot contour to ensure greater survival of the plantings. 15. All required restoration, inclusive of a comprehensive (incorporating lot 1 and lot 2) buffer restoration plan shall be submitted, approved, and restoration installed prior to the recordation of the subdivision plat. 16. The maximum impervious cover for proposed Lot 1 shall be 16,001 square feet as shown on the submitted exhibit plan referenced by the last condition below. 17. The maximum impervious cover for proposed Lot 2 shall be 6,696 square feet as shown on the submitted exhibit plan referenced by the last condition below_ 18. There shall be no impervious cover added to the existing driveway, exclusive of the modifications on proposed Lot 1. 19. The pool shape, size, and location for proposed Lot 1 shall be as shown on the submitted exhibit/site plan. All other new impervious cover would require a variance granted by the Chesapeake Bay Preservation Area Board. 20. No perimeter fill is authorized outboard of the proposed improvements. 21. **As offered by the applicant of the individual lots, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be calculated in the amount as follows: Proposed impervious cover, divided by 4, divided by 27, times 15, times 1.65 for the amount required. Said amount is based on 25% of the proposed impervious cover. Said payment shall provide for a 12 -inch deep oyster shell plant within the Lynnhaven River Basin. 22. Mature trees exist adjacent to tidal waters, the select removal of lower tree limbs shall be performed thereby permitting sunlight to interface with tidal fringe marsh. 23. It is the opinion of the Board that the approval granted is the maximum impervious cover the site(s) can support. 24. 1f approved, the following note shall be provided on the subdivision plat: A Chesapeake Bay Preservation Area (CBPA) Board variance was approved July 28, 2014. The variance approval contained conditions for all proposed construction that delineated limits of impervious cover for each lot. Limits of impervious cover are shown on the CBPA exhibits and are on file with the Planning Department. Deviation from said exhibit plan may require re -submittal for Board consideration. Page 4 of 17 CBPA Board Conditions of Approval GARRETT A. & BERNADETTE P. ALCARAZ Agenda Item 9 Page 13 25. The conditions and approval associated with this variance are based on the exhibit plan dated June 27, 2014, prepared by Martin Engineering, signed June 27, 2014 by William C. Gerwitz. Eddie Bourdon, Attorney with Sykes, Bourdon, Ahern & Levy appeared before the Board representing the applicants. There was no opposition present. A motion was made by Mr. Schmidt, seconded by Mr. McNulty to approve the variance with the 25 conditions as amended (amended Condition 15). AYE 9 NO 0 ABSTAIN 0 ABSENT 0 DAVENPORT AYE EVANS-COX AYE FULTON AYE JESTER AYE MCNULTY AYE POOLE AYE SCHMIDT AYE SMITH AYE SOBOTA AYE Page 5 of 17 CBPA Board Conditions of Approval GARRETT A. & BERNADETTE P. ALCARAZ Agenda Item 9 Page 14 To: Planning Staff/Planning Commission Re: Application of Gaiy and Bernadette Alcatraz for Subdivision Variance to create a second R -4o (40,000 sq. ft.) flag lot already approved by the Chesapeake Bay Preservation Board at 3075 Bray Road We are the neighbors of Gary and Bernadette Alcaraz and they have shared with us their plan to subdivide their 4.3 acre parcel and create a second home site which will share use of their existing driveway. We support their request which is similar in character to many other existing home sites off of Bray Road and throughout the Little Neck an Neck areas. (Li Da e l0-1.'--ry Date 16- rt Date Date /ilet-g-th-- RDA) [ tAdORti Address: 30 02 e, A y RD, SrALI ,v423Y6^2 30 80 6,4 Address: Uf? E;4-64/ U% 3 3' 9'f .0 - Address: '3 079' .o - f("48 4. -Tett Iva -r re /,e2. Address: -ge)g Rah/ f21 UA An �!,1 atm b&a v�Jt✓l,ns�t°,,tr�(— Address: 300 f ea ed K -U vW 'Se4 c� V�► a- 645 SIGNATURES pF- U'PPORT GARRETT A. & BERNADETTE P. ALA tAZ` AgendaItem 9 age 15 Garrett A. & Bernadette P. Alcaraz ZONING HISTORY # DATE REQUEST ACTION 1 10/23/2001 Subdivision Variance Approved 2 03/14/2006 Subdivision Variance Approved GARRETT A. & BERNADETTE P. ALCARAZ Agenda Item 9 Page 16 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) Garrett A. Alcaraz and Bernadette P. Alcaraz, husband and wife 2. List all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) nCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT GARRETT A. & BERNADETTE P. ALARAZ: Agenda Item 9 ;> 'Page 17 1 1 11 1 1 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) Martin Engineering Sykes, Bourdon, Ahem & Levy, P.C. 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicant's Signature .a.1,,�.. Gltcgl Garrett A. Alcaraz Print Name Bernadette P. Alcaraz Property Owner's Signature (if differan applicant) Print Name DISCLOSURE STATEMENT GARRETT A. & BERNAD.TfE P. ALA► 2AZ Agend Item 9 age 18 Item #9 Garrett A. & Bernadette P. Alcarez Variance to the Subdivision Regulations 3075 Bray Road District 5 Lynnhaven November 12, 2014 CONSENT An application of Garrett A. & Bernadette P. Alcarez for a Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance, which requires that with the exception of lots created by governmental action, all lots created by subdivision must meet all requirements of the Zoning Ordinance on property located at 3075 Bray Road, District 5, Lynnhaven. GPIN: 14982162660000. CONDITIONS 1. A site plan shall be submitted to the Department of Planning, Development Service Center (DSC) for review and approval prior to issuance of a building permit. 2. Submitted concurrent with the site plan shall be a separate planting/buffer restoration plan detailing location, number, and species of vegetation to be installed as per the buffer restoration requirements. The planting / buffer restoration plan shall clearly delineate existing naturalized area (forest floor), planting beds, turf zones and areas of shoreline vegetation to be managed permitting sunlight to interface with tidal fringe marsh. 3. Stormwater management shall comply with the requirements set forth within the City Code Ordinance, Appendix D —Stormwater Management. 4. As required by the Chesapeake Bay Preservation Area Board conditions of approval, all required restoration, inclusive of a comprehensive (incorporating lot 1 and lot 2) buffer restoration plan shall be submitted, approved, and restoration installed prior to the recordation of the subdivision plat. 5. The maximum impervious cover for proposed Lot 1 shall be 16,001 square feet as shown on the submitted exhibit. 6. The maximum impervious cover for proposed Lot 2 shall be 6,696 square feet as shown on the submitted exhibit. 7. Located on Lot 1 shall be a 10 -foot wide ingress egress easement to benefit Lot 2 for a shared driveway. Said easement shall extend westward approximately 320 feet from Bray Road to the area referred to as "CONCEPTUAL BUILDING & IMPERVIOUS FOOTPRINT". 8. The parcels shall be subdivided substantially in accordance with the submitted preliminary subdivision plate titled, "NORTHEAST PORTION OF SITE 11," dated 08/14/14, as prepared by Martin Engineering. Said preliminary subdivision plat has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. Item #9 Garrett A. & Bernadette P. Alcarez Page 2 A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approved item 9. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 9 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. CUP for Animal Hospital / Veterinary Establishment ' Zoning with Conditions/Proffers, Open Space Promotion C .;: y, 3?> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STRAWBRIDGE ANIMAL CARE (Applicant) / DELAWARE CORP. (Owner), Conditional Use Permit (Animal Hospital / Veterinary Establishment). 2400 Castleton Commerce Way (GPIN 2405319813). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: December 2, 2014 • Background: The subject parcel is a portion of a larger, 42 -acre site, now known as Castleton Commerce Park. The 42 -acre site was rezoned from R-20 Residential to Conditional 1-2 Industrial District in 2006. The commerce park is screened from London Bridge Road by a 50 -foot wide buffer. The applicant currently operates an animal hospital / veterinary establishment at 2129 General Booth Boulevard. The applicant desires to relocate the business to the subject parcel; however, an animal hospital is a conditional use in the 1-2 Industrial District. Thus, the applicant is requesting a Conditional Use Permit. ■ Considerations: The applicant's proposal includes three separate buildings: a 23,000 square foot, two-story animal hospital, located adjacent to London Bridge Road; an animal crematorium; and, an animal boarding facility. While the design of these structures has not been finalized, several renderings and photographs were submitted that depict a "contemporary coastal" architectural theme with blue, white, and beige vinyl lapboard siding, mixed with stone accents and a dark architectural grade shingle roof. Vehicular ingress and egress into the facility will be via the commerce park's signalized, single access point on London Bridge Road. According to the application, the business will employ approximately 20 individuals and conduct business from 8:00 a.m. to 10:00 p.m., but will also be available for emergency services. Further information pertaining to the applicant's proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. 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 11-0, to recommend approval of this request to the City Council with the following conditions: STRAWBRIDGE ANIMAL CARE Page 2 of 2 1. When the buildings are constructed, the architectural style, exterior building materials and earth -tone color scheme shall all be in substantial conformance with the submitted exhibits entitled, "Strawbridge Animal Care, page 1," and "Strawbridge Animal Care, page 2," which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department and shall be limited to two stories in height. Building elevations shall be submitted to the Planning Department for review during the final site plan review process. Final building design, exterior building materials, and color scheme of the buildings shall be subject to the Planning Director's approval. 2. Foundation plantings shall be installed along the full length of the facade facing London Bridge Road, as specified by the City of Virginia Beach Landscaping Guide. 3. No chain-link fence shall be permitted on the site within view of any right- of-way. The use of barbed wire shall be prohibited. 4. No mechanical equipment shall be permitted to be located between any building and the right-of-way, and furthermore, shall not be visible from any right-of-way. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department /V./ City Manager: PRINCESS ANNE Mao •Zoning.. CoMSoropmlfm. OPM Sp.. Po:* Strawbridge Animal Care CUP for Animal Hospital / Veterinary Establishment 6 November 12, 2014 Public Hearing APPLICANT: STRAWBRIDGE ANIMAL CARE PROPERTY OWNER: DELAWARE CORP., INC. STAFF PLANNERS: James McNamara & Carolyn A.K. Smith REQUEST: Conditional Use Permit (Animal Hospital / Veterinary Establishment) ADDRESS / DESCRIPTION: 2400 and 2402 Castleton Commerce Way GPIN: 24053198130000 ELECTION DISTRICT: SITE SIZE: AICUZ: PRINCESS ANNE 3.02 acres 70-75 dB DNL BACKGROUND / DETAILS OF PROPOSAL • Background The subject parcel is a portion of a larger, 42 -acre site, now known as Castleton Commerce Park. The 42 - acre site was rezoned from R-20 Residential to Conditional 1-2 Industrial District in 2006. The commerce park is screened from London Bridge Road by a 50 -foot wide buffer. The applicant currently operates a similar veterinary / animal hospital business at 2129 General Booth Boulevard. If the requested Use Permit is approved, that hospital will be relocated to the subject site. Details The applicant requests a Conditional Use Permit to allow development of three acres for an animal hospital / veterinarian establishment. Three separate buildings are proposed: a 23,000 square foot, two- story animal hospital, located adjacent to London Bridge Road; an animal crematorium; and, an animal boarding facility. While the design of these structures has not been finalized, several renderings and photographs were submitted that reflect the applicant's architectural design vision. These graphics depict a "contemporary coastal" theme with blue, white, and beige vinyl lapboard siding, mixed with stone accents and a dark architectural grade shingle roof. Vehicular ingress and egress into the facility will be via the commerce park's signalized, single access point on London Bridge Road. According to the STRAWBRIDGE ANIMAL CARE Agenda Item 6 Page 1 application, the business will employ approximately 20 individuals and operate from 8:00 a.m. to 10:00 p.m. for normal business operations, as well as needed for emergency services. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped parcel within industrial park SURROUNDING LAND North: • Self -storage / 1-2 Industrial District USE AND ZONING: South: • London Bridge Road • Single-family homes / PD -H2 (R-10) Planned Development East: • Self -storage / 1-1 Industrial District • Single-family homes / R-20 Residential West: • Castleton Commerce Way • Industrial uses / 1-2 Industrial District NATURAL RESOURCE AND CULTURAL FEATURES: The property lies within the Southern Watersheds Management Area. Prior to the development of the site as an industrial commerce park, the property was used for agricultural cultivation. As such, this site was void of any trees or any other significant environmental features. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as being within the Suburban Area and, more specifically, within Special Economic Growth Area 3 (SEGA 3), South Oceana. The SEGAs are located adjacent to NAS Oceana and have significant economic value and growth potential, targeting land uses compatible with the military uses. The City supports development of and redevelopment of SEGAs consistent with AICUZ provisions and the City's economic growth strategy. SEGA 3 is a Targe hourglass shaped tract of land encompassing properties on both sides of Dam Neck Road between Holland Road and Corporate Landing Parkway. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): London Bridge Road is a four -lane minor arterial roadway. There are no current Roadway CIP projects planned for this section of the roadway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic London Bridge Road 24,600 ADT 1 14,800 ADT 1(Level of Service "C") - 27,400 ADT 1 (Level of Service "E") Existing Land Use 2 —190 ADT Proposed Land Use 3 —109 ADT 'Average Daily Trips Pas defined by three acres of typical 1-2land. uses STRAWBRIDGE ANIMAL CARE Agenda Item 6 Page 2 as defined by animal hospital/veterinary clinic WATER: This site is currently connected to City water. There is an existing one -inch meter that can be used or upgraded to accommodate the proposed development. There is an existing 16 -inch City water main along London Bridge Road. SEWER: City gravity sewer is not available. Health Department approval is required for any septic systems. A private sanitary sewer pump station and force main may be used to connect to City sanitary sewer. EVALUATION AND RECOMMENDATION The site is in an AICUZ of 70 to 75 dB DNL surrounding NAS Oceana. The United States Navy has a perpetual restrictive easement over the property that governs the types of development permitted on the site. Specifically, the property is located in District P-996 of the Oceana Protective Easement Area. This easement allows the site to be developed with a variety of uses, including veterinary establishments, animal hospitals, pounds, shelters, commercial kennels, and any customarily accessory and clearly incidental and subordinate activities to those uses. Due to the presence of an established residential neighborhood (Castleton) to the south, building design and plantings are extremely important. The submitted drawings and photographs depict an attractive "contemporary coastal" design for the three proposed buildings. The site layout will be similar to that approved with the 2006 proffered plan. That plan showed the buildings behind a 50 -foot wide buffer adjacent to London Bridge Road, with parking spaces to the rear of the building, screened from the right- of-way. In Staff's opinion, the design of these proposed structures will be superior to any of the industrial structures in the vicinity. The Comprehensive Plan is clear that industrial uses, and other non-residential uses, are appropriate for this part of the city. In addition, non-residential, industrial uses such as an animal hospital / veterinarian establishment are compatible within the 70 to 75 dB DNL AICUZ. Staff recommends approval of this request as conditioned below. CONDITIONS 1. When the buildings are constructed, the architectural style, exterior building materials and earth - tone color scheme shall all be in substantial conformance with the submitted exhibits entitled, "Strawbridge Animal Care, page 1," and "Strawbridge Animal Care, page 2," which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department and shall be limited to two stories in height. Building elevations shall be submitted to the Planning Department for review during the final site plan review process. Final building design, exterior building materials, and color scheme of the buildings shall be subject to the Planning Director's approval. STRAWBRIDGE ANIMAL CARE Agenda It€rn 6 Page 3 I 11 2. Foundation plantings shall be installed along the full length of the facade facing London Bridge Road, as specified by the City of Virginia Beach Landscaping Guide. 3. No chain-link fence shall be permitted on the site within view of any right-of-way. The use of barbed wire shall be prohibited. 4. No mechanical equipment shall be permitted to be located between any building and the right- of-way, and furthermore, shall not be visible from any right-of-way. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. STRAWBRIDGE ANIMAL CARE Agenda 114n 6 Pa je 4 AERIAL OF SITE LOCATION STRAWBRIDGE ANIMAL CARE Agenda Rem 6 Page 5 I'1 CONCEPTUAL RENDERING OF PROPOSED STRUCTURE STRAWBRIDGE ANIMAL CARE Agenda Item 6 Page 6 PHOTO OF A STRUCTURE INDICATIVE OF THE PROPOSED BUILDING DESIGN STRAWBRIDGE ANIMAL CARE Agenda Item 6 Page 7 DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH, VIRGINIA 23460-2191 Ms. Blair Hollowell 1634 Cutty Sark Road Virginia Beach, VA 23454 Dear Ms. Hollowell: IN REPLY REFER TO 4535 Ser N4/340 2 Oct 14 Thank you for your request of an Easement Compliance Review for your use of property located at 2400 and 2404 Castleton Commerce Way, Virginia Beach, Virginia. I reviewed an analysis prepared by a Navy Real Estate Contracting Officer and I agree with the conclusion that the property is subject to restrictions resulting from a Grant of Easement (GOE) owned by the United States of America. Enclosed is a copy of this Review and Findings for your convenience. The proposed use of the property is described as a veterinary establishment, including veterinary rehab, kennel/boarding, animal crematorium, animal training and animal grooming, office use maintained in connection with the veterinary establishment and retail sales that are auxiliary to the veterinary establishment. The proposed use appears to be compliant with the language in the GOE and is therefore permitted provided you adhere to all terms of the GOE including the restriction on height. Be aware that our determination is based on your representations regarding the use and location of the property. Please be advised that the Navy will periodically conduct random reviews, in the field, of the properties encumbered by covenants and restrictions to ensure that the interests of the United States are protected. My point of contact for this matter is Mr. Paul Moomaw, he can be reached at 341-1509 or via e-mail at •...1.moomaw@na .mil. Sin S. Navy mmanding Officer Enclosure: 1. Real Estate Contracting Officer's Review and Findings Copy to: NAVFAC MIDLANT (Codes ARE3 & PRA12) RESTRICTIVE EASEMENT COMPLIANCE REVIEW LETTER STRAWBRIDGE ANIMAL CARE Agenda Item -6 Page 8 PRINCESS ANNE Map J-10,11 Map Not to Scale Strawbridge Animal Care • Zoning with ConditionsProffers, Open Space Promotion CUP for Animal Hospital / Veterinary Establishment ZONING HISTORY # DATE REQUEST ACTION 1 11/25/03 Street Closure Granted 09/14/93 Street Closure Granted 2 12/11/07 Modification of Proffers Granted 05/23/06 Conditional Rezoning (R-20 Residential to Conditional 1-2 Industrial) Granted 3 10/10/06 Modification of Conditions Granted 02/22/05 Conditional Rezoning (AG -1 & 2 Agricultural to Conditional 1-1 Light Industrial) Granted 4 01/14/85 Rezoning (R-3 Residential to R-5 Residential) Granted STRAWBRIDGE ANIMAL CARE Agenda Item 6 Page 9 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) 8i -r. • ri . , A Air I, I Q - •_..■ 6 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) dr 11 I I Check here if the applicant is NOT a corporation, c r other unincorporated organization. partnership, firm, business, or PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2 IP 0. , -..J 4..0 /OR . ate-_ i V s. 1L • List all businesses that have a parent -subsidiary' or affiliated business enti relationship with the applicant: (Attach list if necessary) 1 UCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or em loyee of�City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT STRAWBRIDGE ANIMAL CARE Agenda Item -6 Page 10 i1 4 44 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affrliatec1 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 Govemment 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. Appli rosSy D ner's Signature different than _ .p "ant) . IQit�yl/ PrintJJame al< /;i 01iPt/J Print Name DISCLOSURE STATEMENT STRAWBRIDGE ANIMAL CARE Agenda Item 6 Page 11 Item #6 Strawbridge Animal Care Conditional Use Permit 2400 Castleton Commerce Way District 7 Princess Anne November 12, 2014 CONSENT An application of Strawbridge Animal Care for a Conditional Use Permit (Animal Hospital / Veterinary Establishment) on property located at 2400 and 2402 Castleton Commerce Way, District 7, Princess Anne. GPIN: 24053198130000. CONDITIONS 1. When the buildings are constructed, the architectural style, exterior building materials and earth - tone color scheme shall all be in substantial conformance with the submitted exhibits entitled, "Strawbridge Animal Care, page 1," and "Strawbridge Animal Care, page 2," which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department and shall be limited to two stories in height. Building elevations shall be submitted to the Planning Department for review during the final site plan review process. Final building design, exterior building materials, and color scheme of the buildings shall be subject to the Planning Director's approval. 2. Foundation plantings shall be installed along the full length of the facade facing London Bridge Road, as specified by the City of Virginia Beach Landscaping Guide. 3. No chain-link fence shall be permitted on the site within view of any right-of-way. The use of barbed wire shall be prohibited. 4. No mechanical equipment shall be permitted to be located between any building and the right-of- way, and furthermore, shall not be visible from any right-of-way. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approved item 6. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE Item #6 Strawbridge Animal Care Page 2 THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 6 by consent. Blair Howell appeared before the Commission on behalf of the applicant. - - ma n • ine - epa:r : ervic Zonin. with Conditions/Proffers. Open Space Promotro u � s [ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BEACH MOTOR SPORTS (Applicant) / PATRICK CUNNINGHAM (Owner), Conditional Use Permit (Small Engine Repair and Service), 2976-80 Virginia Beach Boulevard (GPIN 1497262011). COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: June 17, 2014 ■ Background: The applicant's business, Honda of Virginia Beach, is currently located at 2970 Virginia Beach Boulevard, which is directly to the east of the parcel that is the subject of this application. The applicant's business consists of the sale and service of motorcycles, all -terrain vehicles (ATVs), and motorized scooters. The applicant's lease for use of the current location is expiring, and the applicant's search for a new location resulted in the applicant finding that the adjacent property to the west was available. The applicant, therefore, is requesting a Use Permit for that property (2976-2980 Virginia Beach Boulevard), which will allow the relocation to proceed. • Considerations: The property has been used for a retail business, Polynesian Pools. There are two buildings separated by a 15.5 -foot wide driveway. The building on the eastern side of the parcel consists of a 4,472 square foot (SF) retail store section at the front of the lot and a two-story 8,354 SF storage section at the rear of the lot. The applicant will operate motorcycle sales from the front portion of the building. The rear portion of that building will be occupied by the service and repair facility. The service and repair area is not visible from Virginia Beach Boulevard, and the repairs will occur inside the structure. The hours of operation are Monday through Friday, 9:00 a.m. to 7 p.m., and Saturday from 9:00 a.m. to 5:00 p.m. There are four employees. Further details pertaining to the proposal, as well as Staffs evaluation of the request, are provided in the attached staff report. 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 11-0, to recommend approval of this request to the City Council with the following conditions: BEACH MOTOR SPORTS Page 2of2 1. The operation of the business shall occur between the hours of 9:00 a.m. and 7:00 p.m. 2. There shall be no storage of equipment, engines, tools, fuel, and similar supplies outside the building. 3. Any new lighting installed on the site shall be directed downward and shielded to prevent Tight overspill on to adjacent residential property. 4. Motorcycles and other small -engine vehicles may be displayed outside within the easternmost nine (9) feet of the parking lot. No vehicle shall be displayed within the public right-of-way (the grassed area adjacent to Virginia Beach Boulevard). 5. Any existing electronic display (LED) signs located on the building or site shall be removed. 6. All signs on the site shall be brought into conformance with the requirements of the City Zoning Ordinance. 7. The applicant shall contact the City Landscape Management Administrator to discuss the planting of street -frontage shrubs within the grassed area along the Virginia Beach Boulevard right-of-way, adjacent to the parking lot. As deemed appropriate and as approved, the applicant shall plant shrubs of the type, size, and spacing designated by the Landscape Management Administrator. 8. The existing fence along the northern property line shall be repaired or replaced and shall be relocated such that the entire fence is located on the subject property. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: A 601 I II LYNNHAVEN Map H-6 fxw ro Scale Beach Motor Sports t/a/ f ir•ii, h B2 70-75 dB Ldn 92 • Zoning aiW Coaraoan.P oaxo. 0N0 CUP - SmaD Engine Repair d Service REQUEST: Conditional Use Permit (Small Engine Repair & Service) ADDRESS / DESCRIPTION: 2976-2980 Virginia Beach Blvd 1 1 November 12, 2014 Public Hearing APPLICANT: BEACH MOTOR SPORTS T/A/ HONDA OF VIRGINIA BEACH PROPERTY OWNER: THOMAS G SHARPE JR FAMILY TRUST & JATO, INC. STAFF PLANNER: Stephen J. White GPIN: ELECTION DISTRICT: SITE SIZE: 14972620110000 LYNNHAVEN 0.80 acre AICUZ: 70 to 75 dB DNL BACKGROUND / DETAILS OF PROPOSAL • Background The applicant's business, Honda of Virginia Beach, is currently located at 2970 Virginia Beach Boulevard, which is directly to the east of the parcel that is the subject of this application. The applicant's business consists of the sale and service of motorcycles, all -terrain vehicles (ATVs), and motorized scooters. The applicant's lease for use of the current location is expiring, and the applicant's search for a new location resulted in the applicant finding that the adjacent property to the west was available. The applicant, therefore, is requesting a Use Permit for that property (2976-2980 Virginia Beach Boulevard), which will allow the relocation to proceed. Details BEACH MOTOR SPORTS T/A HONDA OF VIRGINIA BEACH Agenda Item 11 Page 1 The property is currently used for a retail business, Polynesian Pools, which utilizes two buildings separated by a 15.5 -foot wide driveway. The building on the eastern side of the parcel consists of a 4,472 square foot (SF) retail store section at the front of the lot and a two-story 8,354 SF storage section at the rear of the lot. The building on the western side of the parcel consists of a one-story 6,710 SF building that has been used until recently for a mix of retail and storage. There are 22 parking spaces between the building fronts and the Virginia Beach Boulevard right-of-way. An area of ten unmarked parking spaces is located between the retail and storage section of the building on the eastern side of the parcel. The applicant will operate the motorcycle sales from the front portion of the building on the eastern side of the parcel. The rear portion of that building will be occupied by the service and repair facility. The area is not visible from Virginia Beach Boulevard, and the repairs will occur inside the structure. The hours of operation are Monday through Friday, 9:00 a.m. to 7 p.m., and Saturday from 9:00 a.m. to 5:00 p.m. There are four employees. The applicant is not proposing any alterations to the exterior of the building. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Retail sales SURROUNDING LAND North: • Single-family dwellings / R-7.5 Residential District USE AND ZONING: • Multifamily dwellings / A-18 Apartment District South: • Virginia Beach Boulevard • Motor vehicle sales and service; retail / B-2 Community Business District East: • Retail / B-2 Community Business District West: • Office -Retail / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: The site is completely impervious. There is a grassed area adjacent to Virginia Beach Boulevard; however, when Virginia Beach Boulevard was widened in the past, the grassed area became part of the public right-of-way. The applicant is making no physical changes to the site. COMPREHENSIVE PLAN: The subject parcel is located within the Lynnhaven Strategic Growth Area (SGA). The vision for this SGA is to transform aging or under-utilized commercial properties into a higher intensity, pedestrian -friendly employment, and lifestyle center in a transit -ready setting. The SGA Master Plan notes that this area is a prime location for a range of non-residential uses. This includes existing uses, which over time can be better organized to support the urban character goals of the City's SGAs and be transit -supportive since they are within easy walking distance of a future planned transit station on the south side of Southern Boulevard. BEACH MOTOR. SPORT§ T/A HONDA OF VIRGINIA BEACH Agenda Item 11 Page 2 • 0 IMPACT ON CITY SERVICES There will be no impact on City services as a result of this conditional use permit request, as the requests consists of an existing business relocating from one parcel to an adjacent parcel. EVALUATION AND RECOMMENDATION The applicant has conducted business, including service and repair, at the existing location without any complaints being filed with the Zoning Inspections Office. The move to the new location will occur without any modifications to the current procedures and operations associated with the business. The repairs will occur inside the building, which will eliminate or significantly reduce noise impact on the adjacent residential area. The applicant is not proposing any changes to the exterior of the building; however, Staff is recommending conditions below that will ensure any future changes are consistent with the Comprehensive Plan's design guidelines. The parking on the site is sufficient, but the stripes designating the spaces need to be painted, as they have faded. The planting of shrubs within the grassed area at the front of the site would be an aesthetic improvement to the site. As noted earlier in this report, however, that area is within the Virginia Beach Boulevard right-of-way. Thus, Staff is recommending the planting of shrubs within the grassed area, but the applicant will need to contact the City's Landscape Management Office to discuss the specific guidelines for such landscaping. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The operation of the business shall occur between the hours of 9:00 a.m. and 7:00 p.m. 2. There shall be no storage of equipment, engines, tools, fuel, and similar supplies outside the building. 3. Any new lighting installed on the site shall be directed downward and shielded to prevent light overspill on to adjacent residential property. 4. Motorcycles and other small -engine vehicles may be displayed outside within the easternmost nine (9) feet of the parking lot. No vehicle shall be displayed within the public right-of-way (the grassed area adjacent to Virginia Beach Boulevard). BEACH MOTOR °SPORTS,T/A HONDA OF VIRGINIA BEACH Agenda Ito 11 Page I II 5. Any existing electronic display (LED) signs located on the building or site shall be removed. 6. All signs on the site shall be brought into conformance with the requirements of the City Zoning Ordinance. 7. The applicant shall contact the City Landscape Management Administrator to discuss the planting of street -frontage shrubs within the grassed area along the Virginia Beach Boulevard right-of-way, adjacent to the parking lot. As deemed appropriate and as approved, the applicant shall plant shrubs of the type, size, and spacing designated by the Landscape Management Administrator. 8. The existing fence along the northern property line shall be repaired or replaced and shall be relocated such that the entire fence is located on the subject property. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. BEACH MOTOR °SPORTST/A HONDA OF VIRGINIA BEACH Agenda Ir 11 Pape AERIAL OF SITE LOCATION BEACH MOTOR SPORTS T/A HONDA OF VIRGINIA BEACH Agenda Item 11 Page 5 Nu, uu _I i 210 1 STT TIASOh.r. 2257 5 r + 1 rrirr.NSti 1 I — — tib° r A — I dr'r ee �. i T. '14 .1E116 ra155105 (01156E . ro err.N or MO• +l f�f MCf J6 J10 f •Ire .f/17 .' A/ F 067' OFF SITE 0 L 4-E 7z 0 EXISTING :-5*ERY RETAIL STORES ♦a.iE••11+ 6 +FarE 211111 ri•I5U 72 0' .9AN iIUCY /!/ - /LSO J/C o, SITE G -E E1,.� EONCRErT GA .SVEYLri Gro ; e «1 EKTGANC[1/ T[INi TUYiii f SITE i • z ffrAdArf i) ,a, J/FCfi �A� UCTOti RET TI//.5" �� f,." JP9CfS VIRGINIA BEACH BOULEVARD 4,04 5 .An9CES 5.e5 ...RCVS) 34 66. .1o9CES (33 ) frl/lElf CCTl CT/IO AC C 01111 11151!_ SITE SURVEY BEACH MOTOR SPORTS T/A HONDA OF VIRGINIA BEACH Agenda Item 11 Page 6 1 G- LYNNHAVEN 'i a M Beach Motor Sports t/a/ � a Not x-6to Scale Honda of Virginia Beach REQUEST ACTION 1 02/22/2000 v Approved 2 11/26/2002 Conditional Use Permit (Convenience Store with Fuel Pumps) Approved 12/11/2007 Modification of Conditions Approved 3 05/26/2009 Conditional Use Permit (Religious Use — church) Approved 'B2 � .per /� . , ��y ^, yHN Av {/��'t � 111 J r GONIA $`- - I riLYr_ i�. 2 ------ \ \ R • Zoning with CondinonsiProffers, Open Space Promotion CUP - Small Engine Repair & Service ZONING HISTORY # DATE REQUEST ACTION 1 02/22/2000 Conditional Use Permit (Motor Vehicle Sales) Approved 2 11/26/2002 Conditional Use Permit (Convenience Store with Fuel Pumps) Approved 12/11/2007 Modification of Conditions Approved 3 05/26/2009 Conditional Use Permit (Religious Use — church) Approved BEACH MOTOR SPORTS T/A HONDA OF VIRGINIA BEACH Agenda Item 11 Page 7 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) tiAt Vk.er Cip> &LMerci,k( �1 J Nl S Com ,,v Gc wi ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersi • ed also consents to entry upon the subject property by employees of the Department of Plan ; ; 4•hotograph . : view the site for purposes of processing and evaluating this application. Applicant' • ignature Property Owner's Signature (i different than applicant) &fit/ CX 2. COwlIi Print Name Sat & Sita,-fe.1T��t�! Ft -int Name C(� d he.1 Y -G- / li d- rice) Y IDS" DISCLOSURE STATEMENT BEACH MOTOR SPORTS T/A HONDA OF VIRGINIA BEACH Agenda Item 11 Page 8 I II II 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.c.below: (Attach list if necessary) Ofa. h r dor *0145 ac 774 f404. e� 1%l ie... Clleei Comby Aar/ Pisidel. Atom. k i, +lw•irr K P 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) nCheck here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if properly owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 5.4i✓ORA 6Al &. r/I e/ Pts, to t , ✓ /`�-(O 3 - h L Ci Pa r^a 944 f pe f %vsf�c / 7i. as �, S6i.tcrre - u�1 i 2. List all businesses that have a parent -subsidiary' or affiliated business entity2`'r relationship with the applicant: (Attach list if necessary) nCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organizations. 0be m u.' ler k col. 1 & 2 See next page for footnotes U N e jiG✓ y er r 5 <i 17v57- Does an official or e�m--�jloyee of the City of Virginia Beach have an interest in the subject land? Yes I I No If yes, what is the name of the official or employee and the nature of their interest? (:nnriitinnal I Iso Pannit Annliratinn 1 4 1 t 1 1 g 1 1 1 g 1 t 1 F F DISCLOSURE STATEMENT BEACH MOTOR SPORTS T/A HONDA OF VIRGINIA BEACH Agenda Item 11 Page 9 Item #11 Beach Motor Sports Conditional Use Permit 2970-80 Virginia Beach Boulevard District 5 Lynnhaven November 12, 2014 CONSENT An application of Beach Motor Sports for a Conditional Use Permit (Small Engine Repair & Service) on property located at 2976-2980 Virginia Beach Boulevard, District 5, Lynnhaven. GPIN: 14972620110000. CONDITIONS 1. The operation of the business shall occur between the hours of 9:00 a.m. and 7:00 p.m. 2. There shall be no storage of equipment, engines, tools, fuel, and similar supplies outside the building. 3. Any new lighting installed on the site shall be directed downward and shielded to prevent light overspill on to adjacent residential property. 4. Motorcycles and other small -engine vehicles may be displayed outside within the easternmost nine (9) feet of the parking lot. No vehicle shall be displayed within the public right-of-way (the grassed area adjacent to Virginia Beach Boulevard). 5. Any existing electronic display (LED) signs located on the building or site shall be removed. 6. All signs on the site shall be brought into conformance with the requirements of the City Zoning Ordinance. 7. The applicant shall contact the City Landscape Management Administrator to discuss the planting of street -frontage shrubs within the grassed area along the Virginia Beach Boulevard right-of-way, adjacent to the parking lot. As deemed appropriate and as approved, the applicant shall plant shrubs of the type, size, and spacing designated by the Landscape Management Administrator. 8. The existing fence along the northern property line shall be repaired or replaced and shall be relocated such that the entire fence is located on the subject property. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approved item 11. AYE 10 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE Item #11 Beach Motor Sports Page 2 HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON WEINER AYE ABS By a vote of 10-0-1, with the abstention so noted, the Commission approved item 11. The applicant Patrick Cunningham appeared before the Commission. ev• Barne: Zonin• with Conditions/Proffers. Open Space Promotro CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STEVE BARNES (Applicant), Conditional Use Permit for a Farm Stand. 1076 Sandbridge Road (GPIN 2423267173). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: December 2, 2014 • Background: The applicant requests a Conditional Use Permit to allow for a farm stand that exceeds 3,500 square feet. The existing 2,250 square foot farm stand is located on an approximately 38 -acre parcel. It is the intent of the applicant to subdivide the parcel to create a 4.96 -acre lot that will contain the farm stand, as well as growing fields for soy, herbs, and cut -flowers. • Considerations: The applicant wishes to enlarge the existing farm stand to 5,400 square feet. The addition will increase the footprint of the farm stand by 15 feet on both sides and the rear of the structure. Parking is accommodated in a gravel area to the front of the farm stand. The two ingress/egress access points from Sandbridge Road will remain. The farm stand is open from late April until mid-September and has hours of operation of 8:00 a.m. to 6:00 p.m. The farm stand sells locally produced poultry, meats, eggs, flowers, and a variety of other locally grown and manufactured products. The owner of the farm stand has a Farm Service Agency (FSA) number from the United States Department of Agriculture (USDA) and operates a farm in the City. No changes are proposed to the operation of the farm stand. The addition will be constructed to match the design of the existing structure. The site also contains growing fields that will be cultivated and the products sold at the farm stand. The proposed expansion is consistent with the Comprehensive Plan's land use policies for the Suburban Area, as well as being consistent with the character of the surrounding area. Additionally, this proposal meets the requirements of Section 401 (d) of the Zoning Ordinance for a farm stand. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. STEVE BARNES Page2of2 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council as with the following conditions: 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the addition shall be developed substantially in conformance with the submitted site drawing entitled, "STEVE BARNES- FARM STAND EXPANSION, 1076 SANDBRIDGE ROAD", prepared by the Planning Staff and reviewed by the applicant. 2. With the exception of any modifications required as a result of the review process for recording the final plat, the property shall be subdivided as shown on the site plan entitled "Exhibit A", prepared by Phil Bonifant. 3. The farm stand shall not be open for business except between the hours of 7:00 a.m. and 8:00 p.m. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. l)"2, k,/ Steve Barnes CUP /ora Pann Stand D1 November 12, 2014 Public Hearing APPLICANT: STEVE BARNES STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit for a farm stand in excess of 3,500 square feet ADDRESS / DESCRIPTION: 1076 Sandbridge Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24232671730000 Princess Anne 38.27 acres (4.96- Less than 65 dB DNL new parcel) BACKGROUND / DETAILS OF PROPOSAL • Background / Details: The applicant requests a Conditional Use Permit to allow for a farm stand to exceed 3,500 square feet. The existing 2,250 square foot farm stand is located on an approximately 38 acre parcel. It is the intent of the applicant to subdivide the parcel and create a 4.96 acre lot that will contain the farm stand, as well as growing fields for soy, herbs and cut -flowers. The applicant wishes to enlarge the existing farm stand to 5,400 square feet. The addition will increase the footprint of the farm stand by 15 feet on both sides and the rear of the structure. Parking is accommodated in a gravel area to the front of the farm stand. The two ingress/egress access points from Sandbridge Road will remain. The farm stand is open from late April until mid-September and has hours of operation of 8:00 a.m. to 6:00 p.m. The farm stand sells locally produced poultry, meats, eggs, flowers and a variety of other locally grown and manufactured products. The owner of the farm stand has a Farm Service Agency (FSA) number from the United States Department of Agriculture (USDA) and operates a farm in the City. STEVE BARNES Agenda Item D1 Page 1 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Farm stand and SURROUNDING LAND USE AND ZONING: North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: growing fields • Growing fields / AG -1 Agriculture District • Sandbridge Road • Single-family home & growing fields / AG -2 Agriculture District • Single-family home / AG -2 Agriculture District • Single-family home / AG -2 Agriculture District A majority of the site is undeveloped land used to farm flowers, soy beans and herbs. A portion of the site is developed with a farm stand and gravel parking area. The site is located in the Southern Watershed. There do not appear to be any significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within 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. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area. This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. (pp. 3-1 to 3-3) 4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Sandbridge Road is a two-lane minor rural arterial in the vicinity of this site. This section of Sandbridge Road has a variable right-of-way width and it is included on the Master Transportation Plan as an ultimate 100 foot right-of-way rural two lane section. There is currently no capital improvement project scheduled for this segment of Sandbridge Road. STEVE BAR Agenda Ite, ES TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Sandbridge Road 10,616 ADT 1 13,600 ADT 1(Level of Service "C") 15,000 ADT 1 (Level of Service "D") No trip generation data available for this use 'Average Daily Trip EVALUATION AND RECOMMENDATION The applicant is requesting a conditional use permit to enlarge an existing farm stand. No changes are proposed to the operation of the farm stand. The addition will be constructed to match the design of the existing structure. The site also contains growing fields that will be cultivated and the products sold at the farm stand. The proposed expansion is consistent with the Comprehensive Plan's land use policies for the Suburban Area, as well as being consistent with the character of the surrounding area. Additionally, this proposal meets the requirements of Section 401 (d) of the Zoning Ordinance for a farm stand. For the reasons stated above, staff recommends approval of this request with the conditions below. 4 CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the addition shall be developed substantially in conformance with the submitted site drawing entitled, "STEVE BARNES- FARM STAND EXPANSION, 1076 SANDBRIDGE ROAD", prepared by the Planning Staff and reviewed by the applicant. 2. With the exception of any modifications required as a result of the review process for recording the final plat, the property shall be subdivided as shown on the site plan entitled "Exhibit A", prepared by Phil Bonifant. 3. The farm stand shall not be open for business except between the hours of 7:00 a.m. and 8:00 p.m. S:VE BAR. Agenda Item NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. SIEVE BAR: Agenda-Ite_ AERIAL OF SITE LOCATION .NIA • LtA STEVE BARNES Agenda Item D1 Page 5 FARM STAND AS SEEN FROM SANDBRIDGE ROAD STEVE BARNES Agenda Item Di Page 6 L B 71. snoop ,PAS, (444W Perv44 .; PA LP P. 14 24ntsnw FARM STAND UttAwi Steak dArt'da D4 1PVP P. •B2r r414?Pv 2►OlM 207441.7 5C r. 4 77 ACRES PROPOSED PROPERTY LINES .1� EXHIBIT A Mile Soo lip;i a 1411 P Ito 1R >• P 11 '7R1NgP I 66U 50 IT '.0D Alla PARKING GROWING FIELD- SOY GROWING FIELD- CUT FLOWERS Stolt 1"=73e' PROPOSED SITE PLAN STEVE BARNES Agenda Item D1 Page 7 EXISTING SITE LAYOUT STEVE BARNES Agenda Item D1 Page 8 z 0 z a x w 0 z i- 2 re Q w ch w z ce a m w > w 1— (1) PROPOSED SITE LAYOUT STEVE BARNES Agenda Item D1 Page 9 • Zoning with Conditions/Proffers, Open Space Promotion ZONING HISTORY # DATE REQUEST ACTION 1 02/01/2006 Use Permit (Country Inn) Deferred 2 01/04/2000 Floodplain Variance Approved 11/23/1999 Floodplain Variance Denied 06/09/1998 Use Permit (Cellular Tower) Approved 09/09/1997 Use Permit (Cellular Tower) Approved 05/19/1980 Use Permit (Golf Course) Approved 3 04/14/1969 Use Permit (Mobile Home Park) Approved STEVE BARNES Agenda Item D1 Page 10 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Steve Bames 2. List all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Steve Barnes 2. List all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes 1X1 No 1 1 If yes, what is the name of the official or employee and the nature of their interest? 1 1 4 DISCLOSURE STATEMENT STEVE BARNES Agenda Item D Page 11 1 4 i i 4 4 1 1 1 DISCLOSURE STATEMENT 1 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) Steve Bames, owner will handle the expansion project and all services required to complete the project. 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity Is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: i certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersig so consents to entry upon the subject property by employees of the Department of Planning t pho graph and view the site for purposes of processing and evaluating this application. Appliabrlt' Signature Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT STEVE BARNES Agenda Iteni Di Page 12 Item #D1 Steven Barnes Conditional Use Permit 1076 Sandbridge Road District 7 Princess Anne November 12, 2014 CONSENT An application of Steven Barnes for a Conditional Use Permit for a farm stand in excess of 3,500 square feet on property located at 1076 Sandbridge Road, District 7, Princess Anne. GPIN: 24232671730000. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the addition shall be developed substantially in conformance with the submitted site drawing entitled, "STEVE BARNES- FARM STAND EXPANSION, 1076 SANDBRIDGE ROAD", prepared by the Planning Staff and reviewed by the applicant. 2. With the exception of any modifications required as a result of the review process for recording the final plat, the property shall be subdivided as shown on the site plan entitled "Exhibit A", prepared by Phil Bonifant. 3. The farm stand shall not be open for business except between the hours of 7:00 a.m. and 8:00 p.m. A motion was made by Commission Hodgson and was seconded to approve item D1. AYE 10 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY ABS INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSK AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 10-0-1 with the abstention so noted, the Commission approved item D1 by consent. The applicant Steven Barnes appeared before the Commission. oning with Conditions/Proffers. Open S . ace Promotio CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JOHN D & RANDI VOGEL and HUNT CLUB FARM (Applicant) / A -1-A, LLC & Hunt Club A -1-A, LLC (Owner), Change of Zoning (AG -2 Agricultural and Conditional B-2 Community Business to Conditional B-2 Community Business), Modification of Conditions of Use Permits approved by the City Council on October 22, 1991, May 23, 2000, November 9, 2004, April 12, 2005, November 14, 2006, October 23, 2007 and July 8, 2008. Property is located at 2388 London Bridge Road. COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: December 2, 2014 ■ Background: The applicant is requesting a Change of Zoning for a 1.769 acre portion of an approximately 13 -acre parcel located at 2388 London Bridge Road from AG -2 Agriculture District and Conditional B-2 Community Business District to Conditional B-2 Community Business District. The area being rezoned is adjacent to London Bridge Road and includes the front barn, farm stand, restroom facilities, and an open grassy area. The open grassy area generally accommodates the highest volumes of activity and most intense uses. The second request is to modify the conditions of all the previous Use Permits that have been approved on the property. This request, should it be approved, will expand upon the number of activities that are permitted on the site. Dating back to 1991, four Conditional Use Permits and three Modification of Conditions applications have been approved to accommodate the applicant's growing outdoor recreation and entertainment operation. • Considerations: The rezoning request will expand upon a 0.41 -acre (18,000 square feet) portion of the site that was rezoned to Conditional B-2 on April 14, 1992. The purpose of the previous rezoning was to use the front barn for the retail sale of feed and seed supplies. Retail sales are not a permitted use in the Agricultural zoning districts. Proffer 2 of that rezoning limited the scope of items to be sold and the hours of operation of the barn. The applicant no longer uses the barn in this capacity; therefore, the previously approved proffers will be voided with this rezoning request. If this Change of Zoning is approved, the future use of the Conditional B-2 zoned area will be governed by the Modification of Conditions request that accompanies this rezoning request. JOHN & RANDI VOGEL / HUNT CLUB FARM Page 2 of 6 In 2013, through a review of the approved Use Permits and an inspection of the site, Staff found that the activities occurring on the site exceeded what is permitted by the Use Permits. A Notice of Violation was sent to the applicant on August 21, 2013, stating that if the applicant desired to have more than the two events per year, as allowed by the 2008 Use Permit, the Use Permit would need to be modified. The current request to modify the previous Use Permits will encompass all activities taking place on the site. This will accommodate the growth that has seen Hunt Club Farm develop into one of the largest entertainment venues in the city, unique for its farm -based theme. It is Staff's intent to not only include all activities on the site, but to also create a process by which all necessary City agencies will remain actively involved to ensure the safety of all the visitors and employees of the facility. As a result of meetings with the applicant and their representatives, the activities at Hunt Club Farm is now more thoroughly understood, and these activities are described in the attached staff report. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. 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 11-0, to recommend approval to the City Council of the rezoning as proffered (below) and the Modification of Conditions request with the modified conditions below (following the proffers). PROFFERS: PROFFER 1: The area being rezoned is that parcel containing 77,060.0 square feet (1.769 acres), which is more specifically described on Exhibit B, attached hereto and which is also depicted on the Rezoning Plat, which has been exhibited to City Council and is available in the Planning Department. PROFFER 2: The uses of the Property are limited to the uses, and shall be subject to the conditions, adopted with the Conditional Use Permit by the City Council of the City of Virginia Beach, Virginia on the same date which is the approval date of this instrument, and which uses and conditions are specifically incorporated herein. JOHN & RANDI VOGEL / HUNT CLUB FARM Page 3 of 6 PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. CONDITIONS: 1. All conditions attached to the Conditional Use Permits granted by City Council on October 22, 1991, May 23, 2000, November 9, 2004, July 8, 2008, and subsequent Modification of Conditions granted on November 14, 2006 and October 23, 2007, are hereby deleted and superseded by the following conditions. 2. The activities held on the site shall operate in the locations and facilities as depicted on the submitted site plan entitled "EXHIBIT, HALLOWEEN EVENT ACCESS PLAN," (the "Site Plan") dated July 10, 2014 and prepared by Gallup Surveyors and Engineers, Ltd. 3. The Petting Farm hours of operation shall be 8:00 a.m. to sunset. The sale of petting farm admission, snacks, animal feed, and other agriculturally related products shall be permitted in the adjacent shed building, identified as "Barn" on the submitted Site Plan. 4. The Farm Market hours of operation shall be 7:00 a.m. to 8:00 p.m., with the following exceptions. During the Halloween Event, the Farm Market hours of operation shall be 7:00 a.m. to 11:00 p.m.. During the Winter Wonderland Event, the Farm Market hours of operation shall be 7:00 a.m. to 9:00 p.m. Items sold at the Farm Market shall be those included in the "Background / Details of Proposal" section of this report. 5. The Halloween Event shall be in operation from the last week in September through the first week in November. The event shall be limited to a maximum of 25 nights. The hours of operation shall be 6:30 p.m. to 11:30 p.m., and ticket sales shall stop at 10:00 p.m. The activities included with this Event shall be as described above in the "Background / Details of Proposal" section of this report. 6. The Fire Prevention Bureau shall inspect the site, and all areas and structures associated with the Halloween Event each year, prior to the Event beginning. 7. The Fall Harvest Fair shall be in operation from the last week in September through the first week of November. The hours of operation shall be 9:00 a.m. to 6:00 p.m. The activities included with this Event shall JOHN & RANDI VOGEL / HUNT CLUB FARM Page4of6 be as described above in the "Background / Details of Proposal" section of this report. 8. The Annual Children's Fall Harvest Party shall be held each year on the next to last Sunday in October. The hours of operation shall be 11:00 a.m. to 4:00 p.m. The activities included with this Event shall be as described above in the "Background / Details of Proposal" section of this report. 9. The Winter Wonderland/ Holiday Display shall be in operation between Thanksgiving and December 31st. The hours of operation shall be 9:00 a.m. to 9:00 p.m. The activities included with this Event shall be as described above in the "Background / Details of Proposal" section of this report. The Holiday Display shall be located in the barn identified as "Christmas Barn" on the submitted Site Plan. The applicant shall contact the Planning Department, Permits & Inspections Division and the Fire Marshal Bureau to ensure the Christmas Barn complies with all applicable life safety and building code requirements. 10. The Easter Egg Hunt shall be held each year on the Saturday and Sunday of Easter weekend. The hours of operation shall be 9:00 a.m. to 6:00 p.m. The activities included with this Event shall be as described above in the "Background / Details of Proposal" section of this report. 11. The Summer Fun Camp shall be in operation from June through August. The hours of operation shall be 9:00 a.m. to 5:00 p.m. The activities included with this Event shall be as described above in the "Background / Details of Proposal" section of this report. 12. The Farm Tours and Field trips shall be operated as described in the "Background / Details of Proposal" section of this report. No more than 250 people shall be scheduled to arrive within a 30 minute period. 13. The activities and operation included with the birthday parties held on site shall be as described in the "Background / Details of Proposal" section of this report. 14. Company, family and military picnics shall be held between March and December. The picnics shall be limited to Sunday through Thursday, from 10:00 a.m. to 11:00 p.m. and Friday and Saturday, from 10:00 a.m. to 11:00 p.m. The activities included with the picnics shall be as described above in the "Background / Details of Proposal" section of this report. 15. Charity fundraisers and Special Events shall be limited to no more than 24 events, other than those specified with this Use Permit, per year. These events shall be limited to Sunday through Thursday, 10:00 a.m. to 9:00 JOHN & RANDI VOGEL / HUNT CLUB FARM Page 5 of 6 p.m., and Friday and Saturday, 10:00 a.m. to 11:00 p.m. The activities included with these events shall be as described above in the "Background / Details of Proposal" section of this report. 16. For each of the charity fundraisers and special events as conditioned in condition 15 above, the applicant shall contact all appropriate City agencies including: Fire Marshal Bureau, Police Department, Commissioner of Revenue, Zoning Department and Health Department. 17. Traffic and parking management during events generated a high volume of traffic, including but not limited to the Halloween Event, Winter Wonderland Event and Easter Egg Hunt, shall operate as depicted on the submitted Site Plan and as detailed in the "Traffic Management" portion of the "Evaluation and Recommendation" section of this report. 18. Certified Police Officers and certified traffic monitors shall assist with traffic control during events that generate high volumes of traffic, including but not limited to the Halloween Event, Winter Wonderland Event and Easter Egg Hunt, and events that use the additional "overflow parking" area as shown on the submitted site plan. 19.Two handicap spaces shall be provided in the gravel parking area adjacent to the Farm market, as per the submitted Site Plan. These spaces shall comply with all ADA requirements. 20. The temporary curb cut to London Bridge Road shall be restricted to passenger vehicles only. The temporary curb cut shall be egress only and shall be limited to a right -out onto London Bridge Road. 21.A legal agreement shall be maintained with the owner of the adjacent property (GPIN# 24058121850000), for the use of the property as "Additional Overflow Parking". 22.AII structures used to accommodate events or where people congregate, including the "Barn", "Farm Market", "Village of the Dead", "Camp Clubhouse", "Greenhouse" and "Christmas Barn", shall obtain all required permits from the Planning Department, Permits and Inspections Division, and the Fire Marshal Bureau. These City agencies shall be consulted to determine the permits that are required. 23.AII required permits, certificates of occupancy and improvements necessary to comply with the building code, as detailed in the "Building Code" portion of the "Evaluation and Recommendation" section of this report, shall be obtained/completed by the applicant. The applicant shall acquire all necessary permits and certificates of occupancy from the JOHN & RANDI VOGEL / HUNT CLUB FARM Page 6 of 6 Planning Department, Permits and Inspections Division. The Permits and Inspections Division shall verify compliance with the Building Code upon completion of required work or when a permit is ready for final inspection. 24.An Operations Plan shall be drafted and established for the overall operation of Hunt Club Farm, as well as more detailed operation plans for each of the facilities used on site. A copy of the plan shall be submitted to the Planning Director and the Fire Marshal Bureau. 25. The applicant shall comply with all life and fire safety measures as detailed in the "Life Safety" portion of the "Evaluation and Recommendation" section of this report. The applicant shall verify compliance with the Fire Prevention Bureau. 26. There shall be no weddings or Change of Command ceremonies held on the site. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager' b \L , n_ vx PRINCESS ANNE R b John D. Vogel & Randi Vo el • ZOM.y.iN Ca,6MomPMS,. 01.. SD... h.m011011 Change of Zoning from AG2 to Conditional B2 Whole Area • Modification of Conditions D2 November 12, 2014 Public Hearing APPLICANT: JOHN D. VOGEL & RANDI VOGEL, HUNT CLUB FARM PROPERTY OWNER: HUNT CLUB A -1-A, LLC. STAFF PLANNER: Kevin Kemp REQUESTS: (a) Change of Zoning from AG -2 Agriculture District & Conditional B-2 Community Business District to Conditional B-2 Community Business District. (b) Modification of Conditional Use Permits approved by the City Council on October 22, 1991, May 23, 2000, November 9, 2004, April 12, 2005, November 14, 2006, October 23, 2007 and July 8, 2008. ADDRESS / DESCRIPTION: 2388 London Bridge Road GPIN: 24059006070000; 24059002180000; 24059141550000; 24058121850000; 24059006070000 ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 45.5 acres (1.769 acres encompassed by the rezoning request) AICUZ: 70-75 dB DNL; Greater than 75 dB DNL BACKGROUND / DETAILS OF PROPOSAL BACKGROUND / DETAILS - Change of Zoning Request The applicant is requesting a Change of Zoning for a 1.769 acre portion of an approximately 13 -acre parcel located at 2388 London Bridge Road from AG -2 Agriculture District and Conditional B-2 Community Business District to Conditional B-2 Community Business District. The area being rezoned is adjacent to London Bridge Road and includes the front barn, farm stand, restroom facilities and an open grassy area. The open grassy area generally accommodates the highest volumes of activity and most intense uses. JOHN D. VOGEL & RANDI VOGEL Agenda Item D2 Page 1 I This request will expand upon a 0.41 acres (18,000 square feet) portion of the site that was rezoned to Conditional B-2 on April 14, 1992. The purpose of the previous Change of Zoning was to use the front barn for the retail sale of feed and seed supplies; retail sales is not a permitted use in the Agricultural zoning districts. Proffer 2 of that rezoning limited the scope of items to be sold and the hours of operation of the barn. The applicant no longer uses the barn in this capacity; therefore, the previously approved proffers will be voided with this rezoning request. If this Change of Zoning is approved, the future use of the Conditional B-2 zoned area will be governed by the Modification of Conditions request that accompanies this rezoning request. BACKGROUND - Modification of Conditions The second request included in this application is to modify the conditions of all the previous Use Permits that have been approved on the property. This request, should it be approved, will expand upon the number of activities that are permitted on the site. Dating back to 1991, four Conditional Use Permits and three Modification requests have been approved to accommodate the applicant's growing operation. In 2013, through a review of the approved Use Permits and an inspection of the site, Staff found that the activities occurring on the site exceeded what is permitted. A Notice of Violation was sent to the applicant on August 21, 2013, stating that if the applicant wishes to have more than the two events per year, as allowed by the 2008 Use Permit, the Use Permit would need to be modified. In September 2013, the applicant submitted this Modification request to the Planning Department for the purpose of gaining approval for all the activities taking place on the site. This item was scheduled for the December 11, 2013 Planning Commission meeting; however, due to concerns regarding compliance with the Building Code, the application was deferred by the Planning Commission at the request of Staff and the applicant. The application was deferred again in January. In the subsequent months, the applicant has been diligently working with the Staff of the Planning Department (Permits and Inspections, Current Planning, Zoning Administration, and the Development Services Center) as well as the Fire Prevention Bureau, Police Department, and the City Attorney's Office to address the concerns that were raised. One outcome of these efforts was a determination that based on the number of Use Permits and the conditions associated with each, it would now be prudent to consolidate all of the activities as a single Use Permit. For the purpose of providing a background of Council action on the site, the approved Use Permits are listed below in chronological order. The current request would, due to the consolidation noted above, supersede all previous Use Permit approvals and the conditions associated with each. • October 22, 1991 - Use Permit for an outdoor recreational and amusement facility. The purpose of this Use Permit was to allow hayrides and birthday parties. The approved condition stated that the recreational facility shall not remain open past 11:00 p.m. • May 23, 2000 - Use Permit for an outdoor recreational facility for a corn maze. The application indicated that the portion of the site to be used for the maze was toward the rear of the property. The approved condition limited the hours of operation to 10 a.m. to 8 p.m. • November 9, 2004 - Use Permit for a commercial recreation facility. This Use Permit allowed a holiday display during November and December for the visitors to the Farm Market located at the front of the site. The Use Permit specified that the display would be located in the barn at the front of the property (portion of the property that was rezoned to conditional B-2 in 1991). The approved conditions state that all necessary permits and approvals shall be obtained from the Permits and Inspections Division of the Planning Department and the Fire Department and that a Certificate of Occupancy for the use shall be obtained. Staff was unable to find any record that a Certificate of Occupancy was obtained by the applicant:The JOHN D. VOGEL & RANDI VOGEL Agenda Item D2 Pane 2 conditions also specified the hours of operation as 9 a.m. to 9 p.m. from Thanksgiving to New Year's Day. • April 12, 2005 - Subdivision Variance was granted for the purpose of creating a separate parcel for the area of the property used as a commercial kennel (the kennel is covered under a separate Use Permit). • November 14, 2006 - the conditions of the Use Permit that was approved on November 9, 2004 were modified. The purpose of this request was to relocate the holiday display to a barn located towards the rear of the property. All other conditions associated with the 2004 Use Permit remained in effect. This approval was for ONE YEAR ONLY, due to concerns from residents of neighboring properties regarding noise, traffic, parking, and related issues. • October 23, 2007 - Modification of Conditions was granted for the purpose of removing the one year time limit conditioned with the 2006 approval. • July 8, 2008 - Use Permit for an outdoor recreation facility. Included with this Use Permit were the Halloween and Winter Wonderland events. The conditions state that the Halloween event shall be in operation from October 1st through October 31St and that the hours of operation shall be from 7 p.m. to 11 p.m. The conditions further stated that the Winter Wonderland event shall be in operation from Thanksgiving through December 31St and that the hours of operation shall be 9 a.m. to 9 p.m. The approved conditions also addressed traffic and parking concerns by requiring a traffic control plan, and requiring a certified Police Officer and traffic monitor to assist with traffic control. DETAILS OF PROPOSAL As previously noted, while the previous Use Permits were for specific events, this request covers all activities taking place on the site. This will accommodate the growth that has seen Hunt Club Farm develop into one of the largest entertainment venues in the city, unique for its farm -based theme. It is the intent of this request to not only include all activities on the site, but to also create a process by which all necessary City agencies will remain actively involved in ensuring the safety of all the visitors and employees of the facility. As a result of meetings with the applicant and their representatives, the activities at Hunt Club Farm is now more thoroughly understood, and these activities are described below. ACTIVITIES AND EVENTS INCLUDED IN REQUEST The activities and events approved for Hunt Club Farm include a haunted hayride, birthday parties, a corn maze, a Winter Wonderland Event / holiday display, and the Halloween Event. The applicant requests for the continuation of these activities, as well as the addition of several more activities and events. Each activity and event included in this request is described below. • Halloween Festival - The Halloween event has been the largest event at Hunt Club Farm for several years, and will continue to operate as it has. The applicant states that the event is limited to 25 nights per year, between the last week in September and the first week in November. Hours of operation are 6:30 p.m. to 11:30 p.m.; however, ticket sales are stopped at 10 p.m. Activities at the event include the following: a haunted hayride, haunted cornfield ("Field of Screams"), wooded walkthrough area ("Village of the Dead"), music provided by a DJ, carnival rides, food and entertainment vendors, and the retail sale of pumpkins and novelty items. The "Village of the Dead" and Haunted Hayride will consist of a series of stage sets and will incorporate a number of trained actors hired by the applicant. • Fall Harvest Fair - The Fall Harvest Fair operates concurrently with the Halloween Festival. The fair will operate from the last week in September through the first week of November. The hours of operation are 9 a.m. to 6 p.m. Activities for the fair include: the petting farm, pony rides, farm tour hayrides, daily animal demonstrations (goat milking, chicken class, etc...), a pumpkin patch, giant hay pile, straw maze, music provided by a DJ, farm games, carnival rides, inflatable and other amusements, and food and event vendors. JOHN D. VOGEL & RAND' VOGEL Agenda Item D2 Page 3 Also included in the fall harvest is the Annual Children's Fall Harvest Party. This event is held on the next to last Sunday in October from 11 a.m. to 4 p.m. Additional activities included with this event are pumpkin decorating, cupcake decorating, a costumed animal parade and kid's costume contest. • Winter Wonderland / Holiday Display - The Winter Wonderland event was approved in 2008, and will continue to operate as it has. The event will be held between Thanksgiving and December 31St. The hours of operation are 9 a.m. to 9 p.m. The Holiday Display occurs in the barn at the rear of the property, labeled "Christmas Barn" on the submitted site plan. Activities at the event include: light displays in the petting farm and front field, live animal nativity scene, the Christmas Barn, recreational fires for marshmallows and hotdog roasting, and pony rides. The Christmas Barn features a series of lit and animated displays. Also included in this event is the Annual Brunch with Santa. This event is held the second Saturday in December from 10 a.m. to 2 p.m. Additional activities include photos with Santa, a catered buffet -style brunch, and Christmas craft stations. • Easter Eqq Hunt - The Easter Egg Hunt is an annual, two-day event on the Saturday and Sunday of Easter weekend. The hours of operation are 9 a.m. to 6 p.m. Activities at this event include a traditional Easter egg hunt, petting farm, pony rides, hayrides, 'animal encounters' with chicks, rabbits, ducks and Iambs, music provided by a DJ, farm and carnival type rides, inflatable amusements, and food and event vendors. • Petting Farm - The petting farm is included in a majority of the events that are held on the site. A license to exhibit animals is maintained through the USDA. The hours of operation are 8 a.m. to sunset. The petting farm features animal exhibits, demonstrations, petting, feeding, and viewing of farm animals, as well as horse and pony rides. The applicant is also requesting approval to sell petting farm and activity admission, snacks, animal feed, and other agriculturally related products in a small building located adjacent to the petting farm. • Horseback riding lessons - The applicant is requesting approval to provide horseback riding lessons on the site. The animals will be kept within existing corrals and in structures that are located more than 100 feet from the property lines, as required by the Zoning Ordinance. • Farm Market - The farm market is located in a small building near the entrance to the site, adjacent to London Bridge Road. Hours of operation for the market are 7 a.m. to 8 p.m. The applicant is requesting to extend the hours of operation so that the market can remain open until 11 p.m. during the Halloween Festival and 9 p.m. during the Winter Wonderland event. The market offers retail sale of plants, cut flowers, produce, honey, jams, jellies, preserves, dairy products, eggs, straw, handmade items (wreaths, soaps and candles), birdhouses, agricultural, garden and animal related novelties, ice cream, ice, beverages (bottled water, soda and juices), prepackaged snacks and candy, as well as local books and items displaying the "Hunt Club Farm" name. Additionally, Christmas trees and pumpkins will be sold at the appropriate times of year. • Birthday parties - Birthday parties are farm and animal themed. Activities include the petting farm, animal feeding, pony rides, hayrides, a farm tour, and special animal encounters. In addition to the outdoor areas and petting farm, the birthday parties will also use the "greenhouse" and "front barn" as shown on the submitted site plan. According to the applicant, the parties are currently organized such that there are two parties scheduled in one time block, each ranging in size from 20 to 40 people. There are a number of time blocks throughout the day. During peak summer months, a typical weekend day will consist of eight to ten parties. JOHN D. VOGEL & RAN©' VOGEL Agenda [tern D2 Page 4 • Summer Farm Camp - Summer Farm Camp is a day program offered from June through August. The weekly sessions are from 9 a.m. to 5 p.m. The camp is a 10 to 12 week program that introduces children, ages 4 to 12, to a variety of agricultural activities including, but not limited to, horseback riding, gardening, fishing, and animal husbandry. The small structure labeled "Camp Clubhouse" on the submitted site plan is used as an educational area for the campers. • Farm tours and field trips - The applicant requests permission for a variety of seasonal field trips and tours for schools, daycare centers, senior centers, and other similar groups. The applicant states that no more than 250 people will be scheduled to arrive within a 30 -minute period to minimize the potential of traffic congestion. • Company, military, and family group picnics - The applicant requests permission to hold company, military, and family gatherings from March through December. The hours will be limited to 10 a.m. to 11 p.m. The picnics will take place in the garden area, greenhouse shelter, petting farm, front field, and front barn. These picnics occasionally bring in catered food, temporary tents, inflatable amusements, and music provided by a DJ. All necessary permits for the temporary structures will be obtained for each event. • Charity fundraisers and special events - In addition to the specific events listed above, the applicant requests permission to host 24, outdoor -only, fundraiser and special events per year. These events will be limited to 10 a.m. to 9 p.m., Sunday through Thursday, and 10 a.m. to 11 p.m., Friday and Saturday. These events may include temporary tents, inflatable amusement devices, music provided by a DJ or live band, food and entertainment vendors, and a catering service. These events will require the applicants or event organizers to notify all necessary City agencies. Condition 16 is recommended to ensure compliance with this requirement. FACILITIES The safety of the visitors and employees of Hunt Club Farm is the primary concern of the City Agencies involved in the evaluation of this Use Permit. As noted earlier in this report, the applicant has been working with various City departments to ensure that all the facilities at Hunt Club Farm meet the required building and life -safety codes. All the facilities that are used for the activities and events previously described are described below. JOHN D. VOGEL & F ANDI°V E Agenda Ite D2 Pane 5 • Bathroom Facility - One issue that was identified prior to the first deferral of this application was the lack of permanent public restroom facilities on the site. Extensive site work has since been completed, and a new bathroom facility constructed. This restroom facility is located towards the front of the site, within 500 feet of the front barn, farm market, and petting farm. The City Building Official notes that the facilities provided by these bathrooms will be a determining factor in establishing the occupancy calculations for the buildings on site, as regulated by the Building Code. • Front Barn - In 1992, the portion of the site where this barn is located was rezoned to Conditional B-2 to allow for the sale of animal consumables, animal care products, feed and seed, and fertilizer. The barn is no longer used in this capacity and is now a place that accommodates events. The submitted floor plan depicts a large open area with a small stage, several smaller seating areas around the perimeter, an office, and a snack bar. The City Building Official has determined the classification of this structure as mixed-use with an occupancy load of 300 people (guests and staff included). No cooking can be done in the barn. The snack bar can be used for warming and serving only. The applicant states the existing fabric and ground floor will be replaced with a wood floor in the coming months. This building is not required to be sprinkled for fire suppression; however, there is a trained personnel acting as a life -safety manager (fire attendant) at each event. FRONT BARN JOHN D. VOGEL & RANDI VOGEL c', Agenda Item D2 Page 6 y. • Farm Market - The farm market is a small building used for the retail sale of assorted food items, plants, novelty items, and numerous other locally made merchandise. The market will also accommodate pumpkin and Christmas trees sales. When open, the market is occupied by one employee operating the sales register. /VIM TIM UI' gun 1410 ES PC11111H1 • Petting Farm - The petting farm is an open area with a series of enclosures that house various animals for people to view and interact with. There is a 12' x 20' shed structure at the entrance where tickets will be sold, as well as various snack foods, drinks and animal feed for use at the petting farm. The structure is occupied by one employee that manages the register. - Goat play area at petting farm - Shed structure for ticket and snack sales JOHN D. VOGEL & RANDI VOGEL Agenda Item D2 Page 7 0111.1111111.1 u.v Site layout of petting farm • Camp clubhouse - The camp clubhouse is a small, barn -like structure that is used as an indoor activity area during the Summer Fun Camp. The applicant states that an additional set of doors are being added to the building so that is complies with the Building Code. JOHN D. VOGEL & RAND! VOGEL Agenda Item D2 Page 8 i. • Greenhouse - The greenhouse is a 40' x 90', open air structure that more closely resembles a picnic shelter. It provides a covered outside area to accommodate events and activities. The structure has a metal frame, fabric roof cover and a small storage shed at the rear. • Village of the Dead - The "Village of the Dead" is an outdoor area where visitors take a self - guided tour along a path that includes 15 theatrical stage sets. These stage sets vary greatly in size and intricacy. The stage sets include, but are not limited to: an entrance through a wooden arch, several shed/shack structures, the "Black maze" (plywood structure with black fabric creating a tunnel), a "town center stage" and a three-story wood tower. These structures, with the exception of the "black maze", tower and tunnel, are only occupied by trained actors that are employed by the applicant during the Halloween Event. There is a small building and area designated for the actors to prepare and congregate. This area is located at the side of the village. In addition to the entrance and exit, there is an additional emergency exit at the rear of the village. The applicant is currently working with City staff to bring all the electrical work and safety measures up to Code. Storage Mein Exit / { t,IL 1 tI,1r 8 it 14 3 / a►SencY Exit -' VILLAGE of TOE PEAR 12 rntrxner JOHN D. VOGEL & RAND! VOGEL Agenda Item D2 Page 9 - "Black maze"- Stage set #3 - Shed - Stage set #6 - Tower- Stage set #10 • Haunted Hayride - The Haunted Hayride is a wagon ride through a series of stage sets that form a theatrical production of a haunted village. The stage sets will only be occupied by trained actors hired by the applicant. The largest structure is the "tunnel" that is a wood framed building that the wagon rides through. The applicant is currently in the process of completely renovating all the stage sets and bringing all electrical wiring to Code. - Haunted Hayride stage set - Haunted Hayride tunnel • Field of Screams - Field of Screams is a maze cut through a cornfield that incorporates props, sets, and actors. This area is only used during the Halloween Event. The applicant is currently working to bring all electrical work to code. • Christmas Barn - The Christmas barn is a large structure, built in 2006, that contains a series of lit and animated Christmas displays. Visitors follow a pathway through the barn, and exit through a room where Santa Clause is seated. The applicant still needs to work with the City Building Official to regarding the classification of the building and determining if any additional work needs to be done. JOHN D. VOGEL & RAND! VOGEL Agenda Item D2 Page 10 TRAFFIC MANAGEMENT Hunt Club Farm is located in an area of the City that is primarily occupied by suburban residential and commercial development. Given the size and nature of the events held on the site, it is necessary to implement a traffic management plan that will minimize congestion along London Bridge Road and efficiently get visitors on and off the site. The main entrance from London Bridge Road is located near the front barn. There is a secondary access point from London Bridge Road that is primarily used for visitors to the kennel. The site contains an expansive easement that provides access to all the adjacent parcels that do not have direct access to London Bridge Road. Located directly adjacent to the main entrance is a small gravel lot. The applicant will provide two paved handicap spaces to comply with the Americans with Disabilities Act (ADA) requirements. The applicant has adopted several strategies to handle the large volume of visitors, especially during the Halloween Event. During larger events, the empty grass field on the adjacent property to the west of the entrance will provide overflow parking. The applicant has a legal agreement with the property owner of that parcel. During these large events, the applicant will have 3 to 5 off-duty police officers and 12 to 24 parking attendants assisting with traffic. They will direct traffic to and from London Bridge Road, as well as to the appropriate parking areas on site. Additionally, a second (temporary) exit onto London Bridge Road will be opened on the west side of the overflow parking area. This will be a right -out only onto London Bridge Road, going west. The "Stop" and "Do Not Enter" signs located at this access point are to remain to avoid confusion from London Bridge Road. It should also be noted that during large events, such as the Halloween Event, an EMS vehicle remains on site during the peak hours. - Temporary exit onto London Bridge Rd. 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Petting farm and agriculturally related recreational event venue. SURROUNDING LAND North: USE AND ZONING: South: East: West: • Equestrian facility / AG -1 Agricultural District • London Bridge Road • Single-family homes / R-20 and R-10 Residential District • Single-family homes / PD -H2 (R -5D) Planned Development District • Wooded area and single-family homes / AG-1/AG-2 Agricultural District JOHN D. VOGEL & RANDI VOGEL Agenda Item D2 Page 11 NATURAL RESOURCE AND CULTURAL FEATURES: A majority of the site is an undeveloped grass and wooded area. There are several structures on the site including a residential dwelling unit, commercial kennel facility, barns, greenhouse, and other miscellaneous accessory structures. There is a small gravel parking area located near the entrance from London Bridge Road. There do not appear to be any significant natural resources associated with the site. Hunt Club Farm is a unique attribute to the City, as it provides an agriculturally based entertainment venue in an area that has largely been transformed by suburban development. Hunt Club Farm was started over 40 years ago and has grown greatly in size of operation and popularity. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality, and attractiveness of site, buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to surrounding uses, (pp. 3-1, 3-2). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): London Bridge Road is a four -lane minor suburban arterial. There are currently no CIP projects for this section of London Bridge Road. The MTP indicates a future right-of-way width of 100 feet containing a divided highway with bike path. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic London Bridge Road 27,592 ADT 1 28,200 ADT 1(Level of Service "C") 30,600 ADT 1 (Level of Service "D") No change expected from existing use. Exact ADT for this use cannot be determined, as the sizes of events vary. 'Average Daily Trips WATER: This site currently connects to City water via an existing 5/8" meter (City ID #95058864) and an existing 1" meter (City ID #95049592). There is an existing 10" City water line within London Bridge Road and an existing 8" City water line within Weybridge Drive. SEWER: This site lies within two pump station service areas, #643 and #606. This site currently uses a private force main and connects to City sewer within pump station service area #606. There is an existing 8" City gravity sanitary sewer main within Weybridge Drive. JOHN D. VOGEL & RANI VOEL Agenda Item D2 Page 12 4 EVALUATION AND RECOMMENDATION Change of Zoning Staff recommends approval of this request to change the zoning of a portion of the site from AG -2 Agriculture and Conditional B-2 Community Business to Conditional B-2 Community Business. This change in zoning would provide an appropriate, commercial zoning to the portion of the property that accommodates the highest volumes of activity and the most intense uses. The activities within this area will be regulated by the Modification of Conditions request submitted with this rezoning application. Staff recommends approval of this request as Proffered. 4 PROFFERS 1. The area being rezoned is that parcel containing 77,060.0 square feet (1.769 acres), which is more specifically described on Exhibit B, attached hereto and which is also depicted on the Rezoning Plat, which has been exhibited to City Council and is available in the Planning Department. 2. The uses of the Property are limited to the uses, and shall be subject to the conditions, adopted with the Conditional Use Permit by the City Council of the City of Virginia Beach, Virginia on the same date which is the approval date of this instrument, and which uses and conditions are specifically incorporated herein. 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. 4 0 Modification of Conditions Hunt Club Farm provides a unique venue. It is one of the few remaining farms in the Suburban Area, as designated by the Comprehensive Plan. If not for the fact that the property is located within the highest AICUZ districts, it would have likely been developed for residential use, consistent with the recommendations of the Comprehensive Plan for the Suburban Area. Over the past 25 years, the operation at Hunt Club Farm has been successful and has grown to where it now welcomes more than 100,000 visitors annually. To accommodate this growth, the applicant has obtained a number of Use Permits and subsequent modifications, dating back to 1991. This current request will supersede the conditions of all previous Use Permits, and consolidate them all into one approval. Furthermore, it encompasses all the activities held on the site in greater detail than was understood with the previous approvals. JOHN D. VOGEL & RAN I Vfl El Agenda Item D2 Page 13 The existing use of Hunt Club Farms as an outdoor recreational, farm -oriented entertainment venue is consistent with the Comprehensive Plan's land use policies for the Suburban Area and SEGA 3 - Oceana South. Additionally, the proposed uses are compatible with the AICUZ Overlay Ordinance provisions for sites located in the 70 to 75 dB and Greater than 75 dB AICUZ districts. No expansion of the facilities is proposed with this application, only modifications that are needed to comply with the Building Code. The applicant has incorporated a detailed traffic management plan and is composing an operations plan to submit to the City's Fire Prevention Bureau and Planning Department that details all of their operations and facilities. As the popularity of Hunt Club Farm has grown and the number and size of events has increased, Staff recognizes that the character and safety of the area can be impacted. Accordingly, three aspects of Hunt Club Farm's operations were evaluated and addressed in great detail: fire/life safety, compliance with the Building Code, and traffic management. The details of these evaluations are listed below and conditions #17, 23 and 25 are recommended to ensure compliance. • FIRE/LIFE SAFETY (Condition #25) Given the number of events and magnitude of the expected attendance at Hunt Club Farm, it is necessary to give careful consideration to the life safety procedures that will be put in place to ensure the safety of all visitors and employees. Generated from multiple meetings with the applicant, Fire Prevention Bureau and the Planning Department, the following life safety conditions are to be considered for the effective preparation, operation and continued inspection of the facilities at Hunt Club Farm. Staff feels the implementation of the following life safety procedures is acceptable. • Emergency Operation Plan- • Hunt Club Farm shall have an emergency plan developed for the entire venue with specific subsections for each event that occurs on site, in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. • A site plan shall be included with the plan for each event. • The emergency plan shall be updated annually, or as changes are made to events. • Site Inspections- • The entire venue site shall be inspected by the Fire Prevention Bureau annually. This inspection shall be performed completely independent of all other inspections. • The Fire Prevention Bureau shall reserve the right to inspect all events on site that are approved through this Use Permit, including the 24 additional charity fundraisers/special events. These inspections are considered life safety inspections and will not be considered an annual fire inspection for the entire venue site. JOHN D. VOGEL & RAND] V Agenda Ite_. Pag it I • Specific events that shall be inspected include, but are not limited to: • Any event with flaming effects, pyrotechnics, or fireworks. If these events are not covered under a Special Events Permit, a permit shall be obtained from the Fire Prevention Bureau. • Any event that will generate large crowds and that can impact the surrounding community. • Any event covered under a Special Events Permit. • Fire Attendant- • The fire attendant is a designated person who is responsible for monitoring and extinguishing recreational and/or bonfires that are part of publically attended events or festivals on the property. The following is a description of the requirements/job functions associated with the position. • Fire attendants shall be a minimum of 18 years of age • Fire attendants shall read and understand all requirements set forth in the Virginia Statewide Fire Prevention Code pertaining to open burning and related activities specifically pertaining to solid fuel lines. • Fire attendants shall be required to maintain fires from ignition until they are fully extinguished. • Fire attendants shall be readily identifiable at all times. • This designee is not to handle any other job functions while handling the duties of a fire attendant. • Life Safety Manager- ■ The Life Safety Manager is a designated person who is responsible for monitoring general life safety for the general public and employees. The following is a description of the requirements/job functions associated with the position. • Life Safety Managers shall be responsible for assisting the public and employees with emergency evacuations. • Life Safety Managers shall be responsible for a pre - event safety walkthrough. • Life Safety Managers shall be responsible for making notification and correction of any life safety violations found. • Life Safety Managers shall be responsible for making notification to command regarding any emergencies that occur (medical or otherwise) • Personnel shall be identifiable to the public and employees. • Life Safety Managers shall be able to communicate at all times with the command center. • Life Safety Managers shall be knowledgeable and competent with the written emergency plan and procedures for the venue. • Life Safety Managers shall be knowledgeable and competent in the use of all theatrical props (open flames, hydraulics, pyrotechnics) JOHN D. VOGEL & RAND1 Vi Agenda Iters D Page -15 I BUILDING CODE (Condition #23) To ensure the safety of the visitors to Hunt Club Farm, all structures and facilities associated with the operation need to be in compliance with the Building Code. As part of this evaluation process, the City Building Official reviewed the site and issued the following comments and requirements. • Bathroom facility- • A public bathroom facility has been constructed. • In cases of special events, portable facilities will be allowed. • As other buildings obtain certificates of occupancy with established occupant loads, additional permanent restrooms may be required. This will be determined by the City Building Official. • Front Barn- • The main open space will be designated as Use Group A-3, Assembly/banquet hall, in accordance with the Virginia Uniform Statewide Building Code (USBC). Per USBC Section 903.2.1.3, a sprinkler system is not required if total occupant load is less than 300. The applicant shall provide documentation as to keeping occupancy under 300, or installing the required sprinkler system. Emergency lights and exit signs must be installed where required. • Office areas will be considered incidental to the main use of the building. • No food is to be cooked in the snack bar area. In accordance with associated approvals, food may be cooked outside the building (i.e. BBQ). • A certificate of occupancy is required to ensure compliance with conditions stated above. • Farm market- • A floor plan indicating the current and proposed uses will be required as will a revised certificate of occupancy. • Camp Clubhouse- • Permit filed, tax records and information submitted by the applicant indicate the use of this building has changed from a barn and/or residence, to an area open to the public. • Complete building/floor plans need to be submitted for review and permit to ensure compliance with assembly areas, as well as residential. • A certificate of occupancy must be obtained. JOHN D. VOGEL & RAN I-VOGEL Agenda Iter D2 Page 16 • Greenhouse- • This structure is to remain open, with roof only (no side enclosures). The intended use is similar in nature to a picnic shelter. Any change in use will require compliance with all assembly code provisions. • Village of the Dead- • These structures are classified as "Special Amusement Buildings", under Section 411 of the USBC. • The Village of the Dead is surrounded with a perimeter fence, self-directed and only has three structures occupied by the public. Due to the size of these structures, sprinklers will not be required, but a detection system will. All other structures are occupied by trained actors/employees. • Applicant will need to provide documentation that exit and emergency lighting is installed and operational. • A building permit/certificate of occupancy is required to ensure compliance with the amusement building code provisions. Compliance includes the following: • Compliance with the prescribed operational process will be included as part of the certificate of occupancy. This will include occupant loads. • Annual inspections are required for all the amusement buildings and devices, as per the USBC. (this now includes inflatables) • Ali new and/or replacement decorations and fixtures are required to have a Class "A" fire-resistant rating. • Haunted Hayride and Field of Screams- • The structures associated with these activities are considered Special Amusement Buildings, without roof. • The structures will need to be inspected annually. • Christmas Barn- • This building is classified as a Special Amusement Building under Section 411 of the USBC. • The building will only be open to the public from Thanksgiving through December 31st • Special Amusement Buildings over 4,800 square feet are to be protected with a sprinkler system. • Alternate compliance options, such as a fire alarm system, may be considered once the building/floor plans have been submitted for review. • An operational plan, similar to the Village of the Dead, is to be submitted and included as part of the certificate of occupancy. • Building permits/certificate of occupancy must be obtained. • Accessibility- • All buildings will be required to provide appropriate accessibility as specified in the USBC. JOHN D. VOGEL & RAN) VO!E,� Agenda Item D2 Pad17 TRAFFIC MANAGEMENT (Condition #17) The applicant has developed the following traffic management plan to minimize the impact of vehicular traffic generated by Hunt Club Farm on the surrounding communities. These measures will be used during events that generate high volumes of traffic, such as the Halloween Event, and that require the applicant to use the "Overflow" parking area as identified on the submitted site plan. This traffic management plan, by incorporating a large overflow parking area, a temporary second exit and the use of off-duty police officers and traffic monitors is acceptable, and it appears to staff that it is currently being used effectively. • ADA compliant handicap accessible parking spaces will be provided in the gravel lot adjacent to the Front Barn. • In the event that the gravel lot is full, additional parking will be accommodated in the grass field to the west of the entrance. • During events that generate large volumes of traffic, a second exit will be opened further west down London Bridge Road. This will be a right - out only access point. A "Stop" and "Do Not Enter" sign will remain posted at this temporary entrance. • During events that generate large volumes of traffic, off-duty police officers will be used to direct traffic to and from the site. Additionally, trained traffic monitors will be used to direct visitors where to park. • In the event that emergency response vehicles require access to the site, the off-duty police officers, parking attendants and employees will communicate via radio to efficiently clear traffic for easy access. 4 JOHN D. VOGEL & RAND1 VO Agenda Item D2 Page 18 II I Based on the evaluations detailed above, particularly in regards to the applicant's adherence to the Building Code requirements, Life Safety Plan, and Traffic Management Plan, Staff recommends approval of this request with the conditions listed below. 1 • CONDITIONS 1. All conditions attached to the Conditional Use Permits granted by City Council on October 22, 1991, May 23, 2000, November 9, 2004, July 8, 2008, and subsequent Modification of Conditions granted on November 14, 2006 and October 23, 2007, are hereby deleted and superseded by the following conditions. 2. The activities held on the site shall operate in the locations and facilities as depicted on the submitted site plan entitled "EXHIBIT, HALLOWEEN EVENT ACCESS PLAN," (the "Site Plan") dated July 10, 2014 and prepared by Gallup Surveyors and Engineers, Ltd. 3. The Petting Farm hours of operation shall be 8:00 a.m. to sunset. The sale of petting farm admission, snacks, animal feed, and other agriculturally related products shall be permitted in the adjacent shed building, identified as "Barn" on the submitted Site Plan. 4. The Farm Market hours of operation shall be 7:00 a.m. to 8:00 p.m., with the following exceptions. During the Halloween Event, the Farm Market hours of operation shall be 7:00 a.m. to 11:00 p.m.. During the Winter Wonderland Event, the Farm Market hours of operation shall be 7:00 a.m. to 9:00 p.m. Items sold at the Farm Market shall be those included in the "Background / Details of Proposal" section of this report. 5. The Halloween Event shall be in operation from the last week in September through the first week in November. The event shall be limited to a maximum of 25 nights. The hours of operation shall be 6:30 p.m. to 11:30 p.m., and ticket sales shall stop at 10:00 p.m. The activities included with this Event shall be as described above in the "Background / Details of Proposal" section of this report. 6. The Fire Prevention Bureau shall inspect the site, and all areas and structures associated with the Halloween Event each year, prior to the Event beginning. 7. The Fall Harvest Fair shall be in operation from the last week in September through the first week of November. The hours of operation shall be 9:00 a.m. to 6:00 p.m. The activities included with this Event shall be as described above in the "Background / Details of Proposal" section of this report. 8. The Annual Children's Fall Harvest Party shall be held each year on the next to last Sunday in October. The hours of operation shall be 11:00 a.m. to 4:00 p.m. The activities included with this Event shall be as described above in the "Background / Details of Proposal" section of this report. JOHN D. VOGEL & RANDI VO E Agenda Item D2 Page 19 I 9. The Winter Wonderland/ Holiday Display shall be in operation between Thanksgiving and December 31St. The hours of operation shall be 9:00 a.m. to 9:00 p.m. The activities included with this Event shall be as described above in the "Background / Details of Proposal" section of this report. The Holiday Display shall be located in the barn identified as "Christmas Barn" on the submitted Site Plan. The applicant shall contact the Planning Department, Permits & Inspections Division and the Fire Marshal Bureau to ensure the Christmas Barn complies with all applicable life safety and building code requirements. 10. The Easter Egg Hunt shall be held each year on the Saturday and Sunday of Easter weekend. The hours of operation shall be 9:00 a.m. to 6:00 p.m. The activities included with this Event shall be as described above in the "Background / Details of Proposal" section of this report. 11. The Summer Fun Camp shall be in operation from June through August. The hours of operation shall be 9:00 a.m. to 5:00 p.m. The activities included with this Event shall be as described above in the "Background / Details of Proposal" section of this report. 12. The Farm Tours and Field trips shall be operated as described in the "Background / Details of Proposal" section of this report. No more than 250 people shall be scheduled to arrive within a 30 minute period. 13. The activities and operation included with the birthday parties held on site shall be as described in the "Background / Details of Proposal" section of this report. 14. Company, family and military picnics shall be held between March and December. The picnics shall be limited to Sunday through Thursday, from 10:00 a.m. to 11:00 p.m. and Friday and Saturday, from 10:00 a.m. to 11:00 p.m. The activities included with the picnics shall be as described above in the "Background / Details of Proposal' section of this report. 15. Charity fundraisers and Special Events shall be limited to no more than 24 events, other than those specified with this Use Permit, per year. These events shall be limited to Sunday through Thursday, 10:00 a.m. to 9:00 p.m., and Friday and Saturday, 10:00 a.m. to 11:00 p.m. The activities included with these events shall be as described above in the "Background / Details of Proposal" section of this report. 16. For each of the charity fundraisers and special events as conditioned in condition 15 above, the applicant shall contact all appropriate City agencies including: Fire Marshal Bureau, Police Department, Commissioner of Revenue, Zoning Department and Health Department. 17. Traffic and parking management during events generated a high volume of traffic, including but not limited to the Halloween Event, Winter Wonderland Event and Easter Egg Hunt, shall operate as depicted on the submitted Site Plan and as detailed in the "Traffic Management" portion of the "Evaluation and Recommendation" section of this report. 18. Certified Police Officers and certified traffic monitors shall assist with traffic control during events that generate high volumes of traffic, including but not limited to the Halloween Event, Winter Wonderland Event and Easter Egg Hunt, and events that use the additional "overflow parking" area as shown on the submitted site plan. 19. Two handicap spaces shall be provided in the gravel parking area adjacent to the Farm market, as per the submitted Site Plan. These spaces shall comply with all ADA requirements. JOHN D. VOGEL & RANI VCS"GES. Agenda Item D2 Page. 20 20. The temporary curb cut to London Bridge Road shall be restricted to passenger vehicles only. The temporary curb cut shall be egress only and shall be limited to a right -out onto London Bridge Road. 21. A legal agreement shall be maintained with the owner of the adjacent property (GPIN# 24058121850000), for the use of the property as "Additional Overflow Parking". 22. All structures used to accommodate events or where people congregate, including the "Barn", "Farm Market", "Village of the Dead", "Camp Clubhouse", "Greenhouse" and "Christmas Barn", shall obtain all required permits from the Planning Department, Permits and Inspections Division, and the Fire Marshal Bureau. These City agencies shall be consulted to determine the permits that are required. 23. All required permits, certificates of occupancy and improvements necessary to comply with the building code, as detailed in the "Building Code" portion of the "Evaluation and Recommendation" section of this report, shall be obtained/completed by the applicant. The applicant shall acquire all necessary permits and certificates of occupancy from the Planning Department, Permits and Inspections Division. The Permits and Inspections Division shall verify compliance with the Building Code upon completion of required work or when a permit is ready for final inspection. 24. An Operations Plan shall be drafted and established for the overall operation of Hunt Club Farm, as well as more detailed operation plans for each of the facilities used on site. A copy of the plan shall be submitted to the Planning Director and the Fire Marshal Bureau. 25. The applicant shall comply with all life and fire safety measures as detailed in the "Life Safety" portion of the "Evaluation and Recommendation" section of this report. The applicant shall verify compliance with the Fire Prevention Bureau. 26. There shall be no weddings or Change of Command ceremonies held on the site. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. JOHN D. VOGEL & RANI VOGI Agenda Itery1 D2 Page 21 AERIAL OF SITE LOCATION G7 JOHN D. VOGEL & RANDI VOGEL Agenda Item D2 Page 22 • a J SITE SURVEY SHOWING PORTION OF PROPERTY INCLUDED IN REZONING REQUEST JOHN D. VOGEL & RANDI VOGEL Agenda Item D2 Page 23 AREA TO BE REZONED TO CONDITIONAL B-2 WITH THIS APPLICATION I,c.0 11 /✓.0 0 " . . . . . . , / / / 'arro►f� f. ►a ?O. M / Z: ,- of -66+,+rar i• - d VAN PA" 49•• LONDON BRIDGE • ROAD I ..1/.11.( MP.. I 7 Nf•1 DETAIL OF AREA INCLUDED IN REZONING REQUEST JOHN D. VOGEL & RANDI VOGEL Agenda Item D2 Page 24 Nr s !,L SUBMITTED SITE PLAN it JOHN D. VOGEL & RANDI VOGEL Agenda Item D2 Page 25 1:1W wo Ma Q x I cn a z re to 4 Em x U • FAR ENTRANCE N /J ;4h 0< W 5 I— LLI 0 Z Q 111 111 a s Nom' w��-- ti 11 fLuton.Wi.WL ,'' z cwt 2 co i nnnnnnnn h ,? mull , 4 a OVERFLOW FACILITIES AT HUNT CLUB FARM JOHN D. VOGEL & RANDI VOGEL Agenda Item D2 Page 26 5u Z W 0 I— J (i) J W HALLOWEEN FESTIVAL JOHN D. VOGEL & RANDI VOGEL Agenda Item D2 Page 27 sii STAGE SET IDENTIFICATION O 4- N h et tG N M et to m Is. CO W • VILLAGE OF THE THE VILLAGE OF THE DEAD JOHN D. VOGEL & RANDI VOGEL Agenda Item D2 Page 28 IP; _..titilltUltiN pli Aiwa ; itimuttlittot III 11111111111 4( CC i ; ilti Luct) i!1 51 o Lu z u I 1 i • Lai Ii. lb; , r g g WINTER WONDERLAND EVENT JOHN D. VOGEL & RANDI VOGEL Agenda Item D2 Page 29 PRINCESS ANNE Map K-11 Mao Not to Scale John D. Vogel & Randi Vo! el Zoning with Conditions/Proffers. Open Space Promotion Change of Zoning from AG2 to Conditional 82 Whole Area - Modification of Conditions ZONING HISTORY # DATE REQUEST ACTION 1 07/08/2008 Use Permit (Indoor and Outdoor Recreational facility) Approved 10/23/2007 Modification of Use Permit granted October 11, 2006 Approved 11/14/2006 Modification of Use Permit granted November 9, 2004 Approved 04/12/2005 Subdivision Variance Approved 11/09/2004 Use Permit (Commercial Recreation facility) Approved 05/23/2000 Use Permit (Outdoor Recreational facility) Approved 04/14/1992 Change of Zoning (AG -2 to Conditional B-2) Approved 10/22/1991 Use Permit (Outdoor Recreational facility) Approved 2 06/25/2002 Use Permit (Horse Boarding) Approved 3 06/25/1996 Modification of Conditions to change of zoning granted 08/14/1989 Approved 08/14/1989 Change of Zoning (AG -1 to 1-1) Approved 4 08/25/1992 Use Permit (Motor vehicle rentals) Denied 5 02/08/1988 Use Permit (Transformer station) Approved 6 01/28/1985 Use Permit (Commercial Kennel) Approved 7 10/22/1984 Change of Zoning (AG -1 and R-3 to R-8) Approved 01/01/1984 Land Use Plan for Strawbridge Approved 8 12/20/1982 Use Permit (Country Inn) Approved JOHN D. VOGEL & RANDI VOGEL Agenda Item D2 Page 30 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) 2. List all businesses that have a parent-subsidiaryi or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Complete If the unincorporated 1. A -1-A, Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE this section only if property owner is different from applicant. property owner is a corporation, partnership, firm, business, or other organization, complete the following: List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) LLC - John D. Vogel, Manager/Sole Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Hunt Club Farm FICheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or em loyee of h City of Virginia Beach have an interest in the subject land? Yes II No LX If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT - CHANGE OF ZONING APPLICATION JOHN D. VOGEL & RANDI Agenda Item D2 Page 31 1 1 1 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) pkot RkveXs C�at-es Civ 1�1.t.5on z 1, s UVatsey r ht-Cih il " et""I'•el 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (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 dose working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. 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. ant's Sign. •re JohnhVoy RantbV Print Name Jhn 1.1)oge1 er's ignature (if r erent than app scant) Print Name Rezoning Application Page 10 of 10 Revised 11/1/2013 DISCLOSURE STATEMENT - CHANGE OF ZONING APPLICATION JOHN D. VOGEL & RANDI VOGEL Agenda Item D2 Page 32 4 '♦ 4 3 1 4 4 1 1 1 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) Hunt- &Wi o(-' Viriklis EatOlfripe, • R i Firers .. 114•nD.Uase.14- b . t/ p) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) tiIA • Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Htan* A-► A� j_t-Hohn Var.'),238s�.,tit,,,g, tC i 4-2,ueLL;,�,vc. J f pJ a91d bI(AC i V Mata Strip a 356 avykriB e.Rr . +j 1- dy ! Kaf6ie,1#1 goo 2. List allbusinesses Pond that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) t—Ct s4- ( \S fin -O 7 a.''d VIft Ng &A.ch�013E1; Po. i1 C-,axmbrplt 1_12r dot± • Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No „k If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT - MODIFICATION OF CONDITIONS APPLICATION JOHN D. VOGEL & RANDI VOGEL Agenda Item D2 Page 33 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) R'tipi- CLia Cort5ah9 - X01 D-30 Sir 3. Vi ,0.!lU14 2-345( 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Ap e (if different than applicant) Codification of Conditions Application X age 9 of 9 evised 7/1/2013 X �Joh,►D, yr 1/ gmd3 vo,y1 Print Name IKfrb. Vacj2I Print Name marm coSrih DISCLOSURE STATEMENT - MODIFICATION OF CONDITIONS APPLICATION JOHN D. VOGEL & RANDI VOGEL Agenda Item D2 Page 34 Item D2 John D. & Randi Vogel and Hunt Club Farm Change of Zoning Modification of Conditions 2388 London Bridge Road District 7 Princess Anne November 12, 2014 CONSENT An application of John D. & Randi Vogel and Hunt Club Farm for (a) Change of Zoning from AG -2 Agriculture District & Conditional B-2 Community Business District to Conditional B-2 Community Business District; and an application of John D. Vogel & Randi Vogel and Hunt Club Farm for (b) Modification of Conditional Use Permits approved by the City Council on October 22, 1991, May 23, 2000, November 9, 2004, April 12, 2005, November 14, 2006, October 23, 2007 and July 8, 2008 on property located at 2388 London Bridge Road, District 7, Princess Anne. GPIN: 24059006070000; 24059002180000;24059141550000;24058121850000;24059006070000. PROFFERS 1. The area being rezoned is that parcel containing 77,060.0 square feet (1.769 acres), which is more specifically described on Exhibit B, attached hereto and which is also depicted on the Rezoning Plat, which has been exhibited to City Council and is available in the Planning Department. 2. The uses of the Property are limited to the uses, and shall be subject to the conditions, adopted with the Conditional Use Permit by the City Council of the City of Virginia Beach, Virginia on the same date which is the approval date of this instrument, and which uses and conditions are specifically incorporated herein. 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. MODIFICATION OF CONDITIONS Hunt Club Farm provides a unique venue. It is one of the few remaining farms in the Suburban Area, as designated by the Comprehensive Plan. If not for the fact that the property is located within the highest AICUZ districts, it would have likely been developed for residential use, consistent with the recommendations of the Comprehensive Plan for the Suburban Area. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item D2. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE Item D2 John D. & Randi Vogel and Hunt Club Farm Page 2 HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item D2 by consent. Bill Gambrell appeared before the Commission on behalf of the applicant. In Reply Refer To Our File No. DF -9182 TO: Mark D. Stiles FROM: B. Kay Wils RE: CITY OF VI $'° OINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: November 20, 2014 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; John & Randi Vogel, Hunt Club The above -referenced conditional zoning application is scheduled to be heard by the City Council on December 2, 2014. I have reviewed the subject proffer agreement, dated October 21, 2014 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 HUNT CLUB FARM A -1A, LLC, a Virginia limited liability company JOHN D. VOGEL AND RANDI VOGEL TO (CONDITIONAL ZONING AGREEMENT AND MODIFICATION TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS CONDITIONAL ZONING AGREEMENT, is made this 21st day of October, 2014, between and among HUNT CLUB FARM A -1A, LLC, a Virginia limited liability company, JOHN D. VOGEL and RANDI VOGEL (collectively "Grantor"), party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, Hunt Club Farm A -1A, LLC is the owner of a parcel of real property located in the Centerville District of the City of Virginia Beach, Virginia, containing approximately 12.958 acres of land, which is more particularly described in Exhibit A attached hereto and incorporated herein; and WHEREAS, John D. Vogel and Randi Vogel, as Applicants, with the consent and joinder of Grantor, has initiated a conditional amendment to the zoning map of the City of Virginia Beach for a portion of the Property, consisting of a parcel containing 77,060.0 square feet (1.769 acres), which is more specifically described on Exhibit B attached hereto (" the Property"), as well as depicted on a certain plat entitled "ZONING EXHIBIT 1, PARCEL A -1-A AND A -1-B, SUBDIVISION OF SITE A-1, PRINCESS ANNE HUNT CLUB, INC.", which plat is dated GPIN NO.: 24059006070000 Prepared by: Leslie R. Watson, Esq. Wolcott Rivers Gates 301 Bendix Road Suite 500 Virginia Beach, VA 23452 December 10, 2012 and is on file with the Planning Department of the City of Virginia Beach, Virginia (the "Rezoning Plat"). Specifically, John D. Vogel and Randi Vogel (Applicants) have applied for a conditional change of zoning for the Rezoning Application Parcel, the Property, from AG -2 and B-2 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that 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 Grantor's application gives rise; and NOW THEREFORE, Grantor, for itself, its successors, personal representative, assigns and grantees and other successor in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, Grantor hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, Grantee, and other successors in interest or title: 1. The area being rezoned is that parcel containing 77,060.0 square feet (1.769 acres), which is more specifically described on Exhibit B, attached hereto and which is also depicted on 2 the Rezoning Plat, which has been exhibited to City Council and is available in the Planning Department. 2. The uses of the Property are limited to the uses, and shall be subject to the conditions, adopted with the Conditional Use Permit by the City Council of the City of Virginia Beach, Virginia on the same date which is the approval date of this instrument, and which uses and conditions are specifically incorporated herein. 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. [Signatures Begin on Next Page] 3 HUNT CLUB FARM A-1 A, LLC, a limited liability company By: Joh 4J ogel, Man; ger (SEAL COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, the undersigned, a Notary Public in and for my City and State aforesaid, do hereby certify that John D. Vogel, Manager of Hunt Club Farm A -1A, LLC, a Virginia limited liability company, whose name is signed to the foregoing instrument, has acknowledged the s me before me this ais\-- day of October, 2014, who is personally know to me or has ✓ produced dckvQcs ict as identification. My Commission Expires: DeodY 31 2- l` 1 My Commission Number: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: OI/& &iji Notary Public l ara ri �� iver Notary Public Reg #285983 Commonwealth of Virginia My Commission Expires I-4" 31- 2O1 / ti I, the undersigned, a Notary Public in and for my City and State aforesaid, do hereby certify that John D. Vogel, whose name is signed to the foregoing instrument, has acknowledged the,s'ame before me this a k&k-- day of October, 2014, who is personally know to me or has produced cc,N2 CS k.\ct, as identification. My Commission Expires: -OP -cg 31 Qt) My Commission Number: oZSS°1g3 5 C,air\c„.Li Notary Public 4sharah S. Oliver Notary Public Reg #285983 Commonwealth of Virginia My Commission Expires 101- 31 ti •s ara . i I ver Notary Public Reg #285983 Commonwealth of Virginia My Commission Expires /a - 31 -0'4) 1 I Ran COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: .g/e V/71 - ,1 I, the undersigned, a Notary Public in and for my City and State aforesaid, do hereby certify that Randi Vogel, whose name is signed to the foregoing instrument, has acknowledged th same before me this al*- day of October, 2014, who is personally know to me or has produced rid\,,s w.cts2, as identification. My Commission Expires Q,Mbckt\ rz-0-1 My Commission Number: c ,/< S5 ( 5 6 ;wag), Notary Public Exhibit A ALL THAT certain lot, piece, or parcel of land, together with the buildings and improvements thereon and the appurtenances thereunto belonging, known and designated as Parcel A -1-A, containing 12.958 acres more or less, as shown on that certain plat entitled "Subdivision of Site A-1, Princess Anne Hunt Club, Inc. (Map Book 90, Page 35) Virginia Beach, Virginia, dated July 11, 2005" made by NDI, L.L.C., Basgier and Associates Division and which said plate is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20060714001068550. Together with all rights in and to the Twenty -Five foot (25') wide ingress/egress easement to London Bridge Road as shown on the aforesaid plat. 7 Exhibit B The Zoning Parcel To reach the Point of Beginning of the Zoning Parcel, commence at a point in the northern right of way line of London Bridge Road at a point in the said right of way line which is the southwest corner of a parcel belonging to Virginia Electric and Power Company (D.B. 858, P. 378) (D.B. 858, P. 382) (GPIN 2404-99-3905), and from said point proceed in a northwesterly direction along the right of way line of London Bridge Road a distance of 268.01 feet to a point, which is the Point of Beginning of the Zoning Parcel. From said Point of Beginning, continue along the right of way line of London Bridge Road N 56° 03' 31" W a distance of 217.71 feet to a point; thence N 33° 56' 29" E a distance of 17.00 feet to a point; thence N 56° 03' 32" W a distance of 13.02 feet to a point; thence N 11° 13' 32" W a distance of 117.01 feet to a point; then N 04° 46' 48" E a distance of 48.11 feet to a point; thence N 39° 02' 54" E a distance of 45.00 feet to a point; thence S 59° 28' 45" E a distance of 63.55 feet to a point; thence S 63° 44' 56" E a distance of 326.69 feet to a point; thence N 88° 43' 06" E a distance of 27.70 feet to a point; thence S 36° 51' 03" W a distance of 67.21 feet to a point; thence S 14° 41' 49" W a distance of 41.79 feet to a point; thence S 35° 13' 35" W a distance of 70.84 feet to a point; thence S 83° 39' 34" W a distance of 112.00 feet to the Point of Beginning. I:\document directory \h\hunt club of virginia beach, inc\special events\profPersv2.docx 8 111 z4 in 24 2 111 0) Z Ima E U 1� r °` sir i```ce J;;J�J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KING FARMS, LLC (Applicant) / KING FARMS, LLC & PAMELA GRAY (Owners), Change of Zoning from AG -1 and AG -2 Agricultural Districts to Conditional PD -H2 Planned Development [R-20 Residential] and P-1 Preservation Districts. Floodplain Variance. Property is located at 2852 and 2876 West Neck Road (GPINs 1493959189, 1493966386, 1493969675, 2403048740, and 2403056472). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: December 2, 2014 • Background: The applicant requests a Change of Zoning for a 158 -acre farm from AG -1 & AG - 2 Agricultural Districts to Conditional PD -H2 [R-20 Residential District] in order to construct up to 153 single-family dwellings clustered within five neighborhoods. Encroachment into the Special Flood Hazard Area present on the site is planned for small sections of roadway and for some of the open space amenities; therefore, a Floodplain Variance is also requested. The site is within the Transition Area, the area of the City that serves as a transition from the more Suburban Area to the Rural Area. • Considerations: The Land Use Plan outlined in Proffer 9 stipulates minimum lot size, setbacks, maximum height, and lot coverage requirements for the 153 parcels within the five neighborhoods. The proffers of the Conditional Zoning Agreement require all dwellings to have at least a two -car garage and to meet a minimum floor area size specific to each neighborhood. In addition, all structures, including fencing within the community, must be approved by an Architectural Review Committee of the mandatory membership property owners' association. The submitted elevations depict several examples of the style of homes proposed as well as provide a graphic representation of the proffered exterior building materials to include the use of brick, stone, cement fiberboard, stucco, and cedar shake. These quasi -transitional designed homes are depicted with high-quality architectural elements and detailing such as: usable front porches; appropriately scaled and varied roof lines; small pane windows; extra wide pillars and trim, brackets and trim work; and, changes in roof and facade materials. Consistent with the recommendations for the Comprehensive Plan and the Transition Area Guidelines, the plan depicts 57 percent of the property or 90.86 acres as open space. These open space areas are proposed as a mix of passive and active recreation areas including: natural areas of woods and wetlands, I KING FARMS Page 2 of 7 wildflower meadows, athletic fields, bike/pedestrian trails, and a playground. The proffer agreement specifically prohibits lighting for nighttime recreation in the open space areas. Since the farm is located within the Transition Area, the applicant briefed the Transition Area/ITA Citizens' Advisory Committee Development Design Review Subcommittee. The Committee's findings are provided on page 4 of the attached staff report. A small portion of the northern part of the site is within the 65-70 dB DNL Noise Zone of Sub Area 2. Accordingly, on August 28, 2014, the Navy -City MOU Joint Staff Group (MOU JSG) reviewed the proposal, and found that it was consistent with the criteria provided in Section 1804(c). Further information pertaining to the site plan, the impacts on City services, the floodplain variance request, as well as Staff's evaluation, are provided in the attached staff report. There was no opposition to the request at the public hearing. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend to the City Council approval of the Change of Zoning as proffered (below) and approval of the Floodplain Variance with one condition (provided below, following the proffers). PROFFERS of the 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 one hundred fifty-three (153) building lots substantially in conformance with the exhibit entitled "CONCEPTUAL LAYOUT PLAN OF KING'S LANDING WEST NECK ROAD VIRGINIA BEACH, VIRGINIA", dated 04/28/14, prepared by Richard Browner and 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 subdivided for development, the Grantor shall dedicate to the Grantee approximately seven and one-half (7.5±) acres of West Neck Road right of way along the Property's frontage, substantially as depicted on the Land Use Plan. The Grantor will also construct the multipurpose trail within the dedicated West Neck Road right of way substantially as depicted on the Land Use Plan. KING FARMS Page 3 of 7 PROFFER 3: When the Property is subdivided for development, a one hundred fifty foot (150') wide "TRANSITION AREA BUFFER EASEMENT" shall be dedicated to the Grantee substantially as depicted on the Land Use Plan. When the Property is developed, the Transition Area Buffer shall be improved by the Grantor with ponds, berms and landscaping substantially as depicted on the Land Use Plan. PROFFER 4: When the Property is subdivided for development, approximately 90.86 acres of active open space, passive forested open space, Transition Area Buffer and ponds as depicted on the Land Use Plan shall be zoned P-1 Preservation District. All of the Open Space areas including the "150' TRANSITION AREA BUFFER EASEMENT" shall be conveyed to and maintained by the Property Owners Association. PROFFER 5: The community entrance and the proposed street sections of the roads within the community shall be constructed and installed substantially in conformance with the plans depicted on the Land Use Plan. When the Property is subdivided, the necessary right-of-way improvements and turn lanes from West Neck Road at the entrances from Wet Neck Road as depicted on the Land Use Plan shall be constructed by the Grantor. PROFFER 6: When the Property is subdivided, the residential building lots shall range in size from 56,000 square feet to 8,000 square feet as depicted and described on the Land Use Plan 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 by all lot owners is mandatory. The Property Owners' Association shall be responsible for maintaining the 150' Transition Area Buffer, all open space areas, common areas, trails, easements and entrance features. The Deed Restrictions shall prohibit the operation of motorcycles or all -terrain vehicles ("ATVs") within the open space areas. All structures, including fences on lots within King's Landing must be approved by the Architectural Review Committee of the Property Owners' Association. PROFFER 7: A plan for improvements to the three (3) areas designated on the Land Use Plan as "Neighborhood Park", "300' x 300' multipurpose field" and "100' x 100' multipurpose field, including tot lot and gazebo", along with 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. No multipurpose fields, park areas or open space areas shall be lighted for active recreation at night. KING FARMS Page 4 of 7 PROFFER 8: The single family residential lots depicted on the Land Use Plan will be divided into five (5) sections or neighborhoods within King's Landing as identified on the Exhibit entitled "Neighborhood Identification Plan of King's Landing" dated 9/16/14, 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. PROFFER 9: The dimensional and setback requirements applicable for each identified neighborhood in King's Landing shall be as follows: A. West Neck Park (i) minimum lot width (ii) minimum lot area (iii) minimum front yard setback (iv) minimum side yard setback (v) minimum side yard setback adjacent to a street (vi) minimum rear yard setback (vii) maximum building height (viii) maximum lot coverage B. The Meadow View (i) minimum lot width (ii) minimum lot area (iii) minimum front yard setback (iv) minimum side yard setback (v) minimum side yard setback adjacent to a street (vi) minimum rear yard setback when adjacent to Open Space (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot (viii) maximum building height (ix) maximum lot coverage C. The Central Park (i) minimum lot width (ii) minimum lot area (iii) minimum front yard setback (iv) minimum side yard setback (v) minimum side yard setback adjacent to a street (vi) minimum rear yard setback when 100 feet 12,000 square feet 50 feet 10 feet 25 feet 20 feet 42 feet 35% 80 feet 10,000 square feet 30 feet 10 feet 20 feet 10 feet 20 feet 42 feet 40% 80 feet 9,600 square feet 30 feet 10 feet 20 feet KING FARMS Page 5of7 adjacent to Open Space (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot (viii) maximum building height (ix) maximum lot coverage D. The Park Side (i) minimum lot width (ii) minimum lot area (iii) minimum front yard setback (iv) minimum side yard setback (v) minimum side yard setback adjacent to a street (vi) minimum rear yard setback when adjacent to Open Space (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot (viii) maximum building height (ix) maximum lot coverage E. The Creek Side (i) minimum lot width (ii) minimum lot area (iii) minimum front yard setback (iv) minimum side yard setback (v) minimum side yard setback adjacent to a street (vi) minimum rear yard setback (vii) maximum building height (viii) maximum lot coverage 10 feet 20 feet 42 feet 40% 80 feet 8,000 square feet 30 feet 10 feet 20 feet 10 feet 20 feet 42 feet 40% 80 feet 8,600 square feet 30 feet 10 feet 20 feet 10 feet 42 feet 40% An accessory structure, approved by the Architectural Review Committee, measuring not more than 150 square feet in size may have a setback of five feet (5') from a rear property line and/or a side property line not adjacent to a street. All fences approved by the Architectural Review Committee must be open style (i.e. not solid), no greater than fifty percent (50%) opaque and not greater than five feet (5') in height. Open style fences with brick or stone pillars and matching bases no greater than eighteen inches (18") in height may be approved. PROFFER 10: All residential dwellings constructed in the West Neck Park and Meadow View Park neighborhoods shall contain no less than 2400 square feet of enclosed living area, excluding garage area, for a one-story dwelling and no less than KING FARMS Page 6 of 7 2600 square feet of enclosed living area, excluding garage area, for a multistory dwelling. PROFFER 11: All residential dwellings constructed in the Central Park, Park Side and Creek Side neighborhoods shall contain no less than 1800 square feet of enclosed living area, excluding garage area, for a one-story dwelling and no less than 2400 square feet of enclosed living area, excluding garage area, for a multistory dwelling. PROFFER 12: All residential dwellings in King's Landing shall have no less than a two (2) car garage and shall be constructed with exterior surfaces, excluding roofs, windows, doors, soffits, trim and porches, of brick, stone, cement fiber (Hardie Plank), stucco, cedar shake or comparable high quality material. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted on the prints labeled "TYPICAL EXTERIOR ARCHITECTURAL QUALITY — HOMES IN KING'S LANDING", dated September 29, 2014 which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Architectural Exhibit"). PROFFER 13: 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 PDH -2, R-20 and P-1 Zoning Districts 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. CONDITION of the Floodplain Variance: Unless otherwise required by the Planning Department/Development Services Center, the on-site floodplain mitigation shall be as depicted on the Plan referenced in Proffer #1 above. • Attachments: Staff Report and Disclosure Statements Verbatim Minutes of Planning Commission Hearing Location Map II 1 KING FARMS Page 7of7 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department 1 c-� City Manage PRINCESS ANNE %Iaj J -I3 e� King Farms, L.L.C. 14 November 12, 2014 Public Hearing APPLICANT: KING FARMS, LLC PROPERTY OWNER: KING FARMS, LLC & PAMELA K. GRAY, STEVEN A. GRAY STAFF PLANNER: Carolyn A.K. Smith REQUEST: (a) Change of Zoning (AG -1 & AG -2 Agricultural Districts to Conditional PD -H2 with a R-20 Residential District overlay) (b) Floodplain Variance to Section 4.10 of the Floodplain Ordinance, fill within the Floodplain Subject to Special Restrictions ADDRESS / DESCRIPTION: 2852 West Neck Road GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 14939696750000 PRINCESS ANNE 158.03 acres 65-70 dB DNUSub 24030564720000 Area 2, 14939591890000 Less than 65 dB DNL 14939663890000 24030487400000 t BACKGROUND / DETAILS OF PROPOSAL Background The applicant's family has owned a large portion of this property since 1950 and completed acquisition of the farm in 1967. Currently, most of the site is cultivated fields with forested areas on the eastern portions of the farm, closest to West Neck Creek. There is a fenced -in single grave site on the property. The applicant proposes to rezone the 158 -acre farm, currently zoned AG -1 & AG -2 Agricultural Districts, to Conditional PD -H2 [R-20 Residential District] in order to construct up to 153 single-family dwellings clustered within five neighborhoods. Encroachment into the Special Flood Hazard Area present on the site is planned for small sections of roadway and for some of the open space amenities; therefore, a Floodplain Variance is also requested. A small portion of the northwest section of the property, 7.2 acres, lies within the 65-70 dB DNL noise zone, Sub Area 2. KING FARMS, LLC Agenda Item 14 Page 1 Details The site is within the Transition Area, the area of the City that serves as a transition from the more dense suburban area to Virginia Beach's rural south. The proffered concept plan depicts a variable width dedication totaling 7.5 acres of the farm for future roadway improvements along West Neck Road. Two ingress/egress points are proposed for the development along West Neck Road. Right and left turn lanes are proposed at the southern entrance and a left turn lane is proposed at the northern entrance. As indicated on the submitted conceptual plan, the entrance medians for the development will be planted with a mixture of canopy and understory/ornamental trees, evergreen and ornamental shrubs, grasses and groundcovers. Also planned is a 10 -foot wide publically accessible trail along West Neck Road, designed for future connections to adjacent properties. Beyond that, a 150 -foot wide Transition Area buffer along the right-of-way is proposed. This vegetated buffer will be maintained by the Property Owners' Association. A Landscape Plan for the entire property is proffered to be completed and submitted during final site plan review. It should be noted that some portions of the interior street layout do not meet the geometrics requirements of the Public Works Standards and will need to be addressed during final site plan review. Consistent with the recommendations for the Comprehensive Plan and the Transition Area Guidelines, the plan depicts 57 percent of the property or 90.86 acres as open space. These open space areas are proposed as a mix of passive and active recreation areas including: natural areas of woods and wetlands, wildflower meadows, athletic fields, bike/pedestrian trails, and a playground. The proffer agreement specifically prohibits lighting for nighttime recreation in the open space areas. Approximately 54 acres are within the Special Flood Hazard Area, defined as the land in the floodplain subject to a one percent or greater chance of being flooded in any given year. No homes are proposed to be constructed within this floodplain. A small impact of up to two percent of the total floodplain is planned - specifically, the Floodplain Variance request is to place approximately 8,300 cubic feet of fill on the property. Portions of the floodplain will be graded for the installation of the open space amenities — playing fields, tot lot, trails. According to the applicant's engineer, the addition of fill material is also necessary in order to raise small sections of the proposed roadways above the Special Flood Hazard Area, thereby ensuring safe vehicular passage and emergency vehicle access throughout the neighborhood during storm events. Based on the presented layout, without fill placed in the floodplain at two sections of the proposed interior road up to 26 homes could be completely isolated during a significant storm event. The Land Use Plan outlined in Proffer 9 stipulates minimum lot size, setbacks, maximum height and lot coverage requirements for the 153 parcels within the five new neighborhoods. The proffer agreement requires all dwellings to have at least a two -car garage and to meet a minimum square footage based on the neighborhood. In addition, all structures, including fencing within the community, must be approved by an Architectural Review Committee of the mandatory membership property owners' association. The submitted elevations depict several examples of the style of homes proposed as well as provide a graphic representation of the proffered exterior building materials to include the use of brick, stone, cement fiberboard, stucco and cedar shake. These quasi -transitional designed homes are depicted with high- quality architectural elements and detailing such as: usable front porches; appropriately scaled and varied roof lines; small pane windows; extra wide pillars and trim, brackets and trim work; and, changes in roof and facade materials. KING fARMS,LLC Agenda Item 14 Page 2 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: single family dwellings, cultivated fields SURROUNDING LAND USE AND ZONING: North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Single family dwellings, woods / AG -1 & AG -2 Agricultural Districts • Cultivated fields, woods, cemetery / AG -1 & AG -2 Agricultural Districts • Wooded marsh / AG -1 Agricultural District • West Neck Road • Single family dwellings, golf course/residential community / PD -H1, P-1 Preservation District, Conditional R-20 Residential District The site is within the Southern Watersheds Management Area (SWMA) and has Special Flood Hazard Area and jurisdictional wetland impacts. No encroachment into the SWMA 50 -foot buffer is permitted without a variance. All land within the 50 -foot buffer is proposed to be managed by the property owners' association as common open space. A small portion of the Special Flood Hazard Area is proposed to be re -graded for the open space amenities and filled in order to construct a portion of the roadway. In terms of jurisdictional wetlands, the United States Army Corps of Engineers has approved the delineation but has not yet issued a permit for the proposed impacts. These are wetlands that are regulated by State and Federal agencies. The applicant's engineer has informed Staff that a permit will be sought once final engineering plans are prepared and the exact impacts to wetlands are determined. Approval by the City does not relieve the property owner of responsibility of meeting all State and Federal regulations. East of the subject property is the West Neck Creek Natural Area. As a valuable aesthetic resource, the West Neck Creek Natural Area offers opportunity for passive recreational uses, such as hiking, fishing, bird watching, nature observation and photography. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as being within the Transition Area. The Transition Area serves as a unique land use buffer between the low-density Rural Area from the more densely developed Suburban Area. Within the Transition Area, the Plan calls for development patterns that promote open space, low per acre density and preservation of natural features. Discretionary development proposals within the Transition Area, according to the Plan, should be well-planned, cluster residential development at densities no more than one dwelling unit per acre. New development should incorporate the specific planning and design principles established in the Transition Area Design Guidelines as well as adhere to the provisions of the Oceana Land Use Conformity and AICUZ programs. As the property is within Sub -area 2 of the 65-70 dB DNL Noise Zone, discretionary development applications for residential uses must be proposed at a density similar to or lower than that of surrounding properties having a similar use and no greater than recommended by the Comprehensive Plan; and that the proposal conform to the applicable provisions of the Comprehensive Plan and its development guidelines. The Comprehensive Plan purposely recommends a lower density for new development in the Transition Area. This lower density minimizes the level of impact on existing public infrastructure; avoids KING FARMS; Agenda Item 14 Page 3 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 and Matrix were established and to ensure that growth in this area is suited to the character of the area and respectful of environmental features. As the farm is located within the Transition Area, the applicant briefed the Transition Area/ITA Citizens' Advisory Committee Development Design Review Subcommittee. Out of that Subcommittee came the following comments: • Worthy of commending are: the 150 foot Transition Area buffer, the 120 foot right-of-way dedication for future roadway improvements, the six -miles of hiking and biking trails with connectivity, the excess open space acreage beyond the minimum recommended by the Transition Area Guidelines and the connection to City water and sewer. • The number of lots should be reduced in the development in order to increase the size of the less than 10,000 square feet Tots and provide more contiguous open space and open space views on these lots and within the development, or apply minor changes to lot layout to place the majority of the smaller lots along the areas that front or back to open space. • This development will significantly increase traffic volume on this rural road comprised of two lanes bordered by deep drainage ditches. While flow of traffic may not be disrupted by the addition of more traffic to this roadway from the King's Landing development, a safety issue is imminent as this is now a frequent route of travel for inexperienced drivers using that road to access the new Kellam High School. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): West Neck Road is a two-lane road transitioning from a suburban minor arterial to a rural road; planning documents and past CIPs have called for its reconstruction as a suburban minor arterial with a modified alignment to reduce the horizontal curvature and increase safety. Public Works/Traffic Engineering Staff has waived a traffic impact study for this application as the proffer agreement includes left -turn lanes at both entrances and a right -turn lane at the southern entrance. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic West Neck Road 4,000 ADT 1 13,600 ADT 1(Level of Service "C") — 15,000 ADT 1 (Level of Service "D") Existing Land Use 2— 10 ADT Proposed Land Use 3 — 1,546 ADT 'Average Daily Trips 2 as defined by 158 acres of agricultural fields & a single f2r►1iily twine;, KING -FARMS, tLC Agenda Item 14 Page 4 3 as defined by 154 single family homes WATER: This site has several existing water meters that may be used or upgraded to accommodate the proposed development. All proposed lots within the subdivision must connect to City water. A hydraulic analysis is required to ensure potential water demand can be met. There is an existing 12 -inch City water main along West Neck Road. SEWER: Two homes on this property are currently utilizing a private force main. All proposed lots within the subdivision must connect to City sanitary sewer. Analysis of Pump Station #636 and the sanitary sewer collection system will be required to ensure future flows can be accommodated. There is an existing six-inch and ten -inch City sanitary sewer force main along Nimmo Road and an existing 16 -inch City sanitary sewer gravity main along West Neck Road. Water and sanitary sewer service must be verified and improved if necessary so that the new buildings will have adequate water pressure, fire protection and sanitary sewer service. SCHOOLS: School Current Enrollment Capacity Existing Zoning Proposed Zoning Change 2 Princess Anne Elementary 502 586 9 43 34 Princess Anne Middle 1,467 1,474 5 26 21 Kellam High 1,826 2,000 7 37 29 Number of students 2 "change" represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Section 5.B.8 of the Site Plan Ordinance states: "No floodplain variance shall be granted by the Council unless it finds that: 1. Such variance will not create or result in unacceptable or prohibited increases in flood heights, additional threats to public safety, extraordinary public expense, nuisances, fraud or victimization of the public. 2. The granting of such variance will not be detrimental to other property in the vicinity. 3. The circumstances giving rise to the variance application are not of a general or recurring nature. 4. Such circumstances arise from the physical character of the property or from the use or development of adjacent property and not from the personal situation of the applicant. 5. The granting of such variance will not be in conflict with any ordinance or regulation of the city." Section 5B.8 (f) provides additional guidance in the evaluation of floodplain variance applications. The Section notes, "No variance shall be granted by the Council unless the following performance standards are met: 1. Filling shall be limited to the smallest volume and area possible. 2. Floodplain storage capacity shall be mitigated at a one-to-one ratio of storage capacity created for area filled to ensure no net loss of storage occurs as result of filling. 3. All floodplain mitigation shall be located on the project site and shall be located contiguous to the existing floodplain. 4. The general characteristics and functions of the floodplain shall not be adversely affected. 5. Wetlands protection and buffer area requirements set forth in Section 7 of the Southern Watersheds Management Ordinance (Appendix G) are met or a variance there from is granted." KING •F ARMS Agenda Item 14 Pale 5 4 0 EVALUATION AND RECOMMENDATION In Staff's opinion, the proposed rezoning is consistent with the recommendations of the Comprehensive Plan, the Transition Area Design Guidelines and the provisions of Section 1804 of the City Zoning Ordinance pertaining to discretionary development applications in AICUZ areas. A small portion of the site is within the 65-70 dB DNL Noise Zone of Sub Area 2 and as such, the Navy -City MOU Joint Staff Group (MOU JSG) reviewed the proposal. Accordingly, on August 28, 2014, the Navy -City MOU Joint Staff Group (MOU JSG) reviewed the proposal, and found that it was consistent with the criteria provided in Section 1804(c). The reviews discretionary development applications, such as rezoning requests for residential uses, to ensure that proposals reflect a density no greater than recommended by the Comprehensive Plan and similar to or lower than that of surrounding residential properties and; proposals conform to the applicable provisions of the Comprehensive Plan and its development guidelines — in this case, the Transition Area Design Guidelines. These Guidelines address three important components of project design: Natural Resources, Amenity, and Design. Consistent with the Transition Area Guidelines, the site layout exceeds the goal of 50 percent open space as 57 percent of the total site acreage is depicted as open space. The proposed development is well planned with clustered or massed development that limits encroachment into the environmentally sensitive portions of the property. The proposed open space and amenities are in close proximity to all of the lots and approximately 70 percent of the homes either fronting on or backing up to open space. The Comprehensive Plan recommends that residential development have a maximum average density of one dwelling unit per acre. With an overall density proposed of 1.00 units per acre, 153 dwellings on 153.4 acres, the number of future dwellings is consistent with this guide. Clustering the homes optimizes design opportunities, reduces pressure to encroach onto environmentally sensitive land, minimizes impervious surfaces and results in more open spaces. Due to the clustered design outside of the environmentally sensitive features on the farm, much of the mature wooded areas will be preserved. Pedestrian and bike trails will be integrated throughout the site and along West Neck Road, cognizant of possible future connectivity to adjacent parcels. As recommended by the Guidelines, the stormwater management facilities along West Neck Road will serve as visual, open space amenities as one travels along the road. The West Neck Road (Transition Area) Project (CIP 2-502) refined the Master Transportation Plan by beginning the design effort for an improved roadway between North Landing Road and Indian River Road. The alignment that was presented to the public in 2006 included a parkway section as well as improved curves; however, it had significant impacts on the King Farm (to the north) and the Fountain Property (to the south). Due to priority changes, funding for the project was reduced in FY07 to accommodate interim safety improvements at three locations. The last phase of these interim improvements (adjacent to the King and Fountain properties) was completed in 2013. With this proposed rezoning application, the Master Transportation Plan needs, and the 30% design from West Neck Road, Public Works was asked to develop several options to accommodate the competing interests for the ultimate roadway alignment. The submitted layout in Staffs opinion reflects a plan that meets both the needs of the property owner and the roadway improvement needs of the community. It is Staffs finding that the proposal blends well with the area at a density less than the Villages at West Neck; places no detrimental burden on the capacity of roadways and other infrastructure in the Transition Area; is respectful of the semi -rural character along this portion of West Neck Road; facilitates preservation of much of the wooded areas, floodplain and wetlands; and, generally provides an appropriate architectural style for the home designs and signage, all of which are consistent with the Comprehensive Plan, the Transition Area Design Guidelines and the provisions of Section 1804 of the City Zoning Ordinance. Based on this evaluation, Staff recommends approval of the application subject to KING FARMS, LLC Agenda Item 14 Page 6 the proffers below. The Floodplain Variance request, in Staff's opinion, sufficiently addresses the standards set forth for granting variances for disturbance in the Special Flood Hazard Area. The physical characteristics of the property require some filling in the floodplain to ensure safe vehicle movements during storm events and some grading in the floodplain to ensure safe, even walking/biking surfaces. Also, the presence of jurisdictional wetlands, as defined by the United States Army Corps of Engineers and regulated by State and Federal agencies, requires small portions of the neighborhood roads to encroach into the Special Flood Hazard Area to avoid the wetlands. The subdivision has been designed to keep all residential Tots and structures outside of the Special Flood Hazard Area and designate that portion of the floodplain as open space. Disturbance in this portion of the floodplain is minimal as only approximately two percent of the entire Special Flood Hazard Area will be impacted by the development. Finally, the proposed mitigation is sited adjacent to the existing floodplain and the mitigation volume exceeds the amount of fill/disturbance on the site. Based on this, Staff recommends approval of the Floodplain Variance. 4 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 one hundred fifty-three (153) building lots substantially in conformance with the exhibit entitled "CONCEPTUAL LAYOUT PLAN OF KING'S LANDING WEST NECK ROAD VIRGINIA BEACH, VIRGINIA", dated 04/28/14, prepared by Richard Browner and 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 subdivided for development, the Grantor shall dedicate to the Grantee approximately seven and one-half (7.5±) acres of West Neck Road right of way along the Property's frontage, substantially as depicted on the Land Use Plan. The Grantor will also construct the multipurpose trail within the dedicated West Neck Road right of way substantially as depicted on the Land Use Plan. PROFFER 3: When the Property is subdivided for development, a one hundred fifty foot (150') wide "TRANSITION AREA BUFFER EASEMENT" shall be dedicated to the Grantee substantially as depicted on the Land Use Plan. When the Property is developed, the Transition Area Buffer shall be improved by the Grantor with ponds, berms and landscaping substantially as depicted on the Land Use Plan. PROFFER 4: When the Property is subdivided for development, approximately 90.86 acres of active open space, passive forested open space, Transition Area Buffer and ponds as depicted on the Land Use Plan chap KING FARMS,' Agenda Iters 14 Page 7 be zoned P-1 Preservation District. All of the Open Space areas including the "150' TRANSITION AREA BUFFER EASEMENT" shall be conveyed to and maintained by the Property Owners Association. PROFFER 5: The community entrance and the proposed street sections of the roads within the community shall be constructed and installed substantially in conformance with the plans depicted on the Land Use Plan. When the Property is subdivided, the necessary right-of-way improvements and turn lanes from West Neck Road at the entrances from Wet Neck Road as depicted on the Land Use Plan shall be constructed by the Grantor. PROFFER 6: When the Property is subdivided, the residential building lots shall range in size from 56,000 square feet to 8,000 square feet as depicted and described on the Land Use Plan 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 by all lot owners is mandatory. The Property Owners' Association shall be responsible for maintaining the 150' Transition Area Buffer, all open space areas, common areas, trails, easements and entrance features. The Deed Restrictions shall prohibit the operation of motorcycles or all -terrain vehicles ("ATVs") within the open space areas. All structures, including fences on Tots within King's Landing must be approved by the Architectural Review Committee of the Property Owners' Association. PROFFER 7: A plan for improvements to the three (3) areas designated on the Land Use Plan as "Neighborhood Park", "300' x 300' multipurpose field" and "100' x 100' multipurpose field, including tot lot and gazebo", along with 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. No multipurpose fields, park areas or open space areas shall be lighted for active recreation at night. PROFFER 8: The single family residential Tots depicted on the Land Use Plan will be divided into five (5) sections or neighborhoods within King's Landing as identified on the Exhibit entitled "Neighborhood Identification Plan of King's Landing" dated 9/16/14, 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. PROFFER 9: The dimensional and setback requirements applicable for each identified neighborhood in King's Landing shall be as follows: A. West Neck Park (i) minimum lot width 100 feet (ii) minimum lot area 12,000 square feet (iii) minimum front yard setback 50 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 25 feet (vi) minimum rear yard setback 20 feet (vii) maximum building height 42 feet (viii) maximum lot coverage 35% B. The Meadow View (i) minimum lot width 80 feet KING, ARMS,'LLC Agenda Item 14 Page 8 (viii) (ix) minimum lot area minimum front yard setback minimum side yard setback minimum side yard setback adjacent to a street minimum rear yard setback when adjacent to Open Space minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot maximum building height maximum lot coverage C. The Central Park (i) minimum lot width (ii) minimum lot area (iii) minimum front yard setback (iv) minimum side yard setback (v) minimum side yard setback adjacent to a street (vi) minimum rear yard setback when adjacent to Open Space (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot (viii) maximum building height (ix) maximum lot coverage D. The Park Side (i) minimum lot width (viii) (ix) minimum lot area minimum front yard setback minimum side yard setback minimum side yard setback adjacent to a street minimum rear yard setback when adjacent to Open Space minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot maximum building height maximum lot coverage E. The Creek Side (i) minimum lot width (ii) minimum lot area minimum front yard setback minimum side yard setback minimum side yard setback adjacent to a street minimum rear yard setback maximum building height 10,000 square feet 30 feet 10 feet 20 feet 10 feet 20 feet 42 feet 40% 80 feet 9,600 square feet 30 feet 10 feet 20 feet 10 feet 20 feet 42 feet 40% 80 feet 8,000 square feet 30 feet 10 feet 20 feet 10 feet 20 feet 42 feet 40% 80 feet 8,600 square feet 30 feet 10 feet 20 feet 10 feet 42 feet KINGc,FARMS Agenda Iter 14 Pale 9 (viii) maximum lot coverage 40% An accessory structure, approved by the Architectural Review Committee, measuring not more than 150 square feet in size may have a setback of five feet (5') from a rear property line and/or a side property line not adjacent to a street. All fences approved by the Architectural Review Committee must be open style (i.e. not solid), no greater than fifty percent (50%) opaque and not greater than five feet (5') in height. Open style fences with brick or stone pillars and matching bases no greater than eighteen inches (18") in height may be approved. PROFFER 10: All residential dwellings constructed in the West Neck Park and Meadow View Park neighborhoods shall contain no less than 2400 square feet of enclosed living area, excluding garage area, for a one-story dwelling and no less than 2600 square feet of enclosed living area, excluding garage area, for a multistory dwelling. PROFFER 11: All residential dwellings constructed in the Central Park, Park Side and Creek Side neighborhoods shall contain no less than 1800 square feet of enclosed living area, excluding garage area, for a one-story dwelling and no less than 2400 square feet of enclosed living area, excluding garage area, for a multistory dwelling. PROFFER 12: All residential dwellings in King's Landing shall have no less than a two (2) car garage and shall be constructed with exterior surfaces, excluding roofs, windows, doors, soffits, trim and porches, of brick, stone, cement fiber (Hardie Plank), stucco, cedar shake or comparable high quality material. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted on the prints labeled "TYPICAL EXTERIOR ARCHITECTURAL QUALITY — HOMES IN KING'S LANDING", dated September 29, 2014 which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Architectural Exhibit"). PROFFER 13: 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 PDH -2, R-20 and P-1 Zoning Districts and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. STAFF COMMENTS: The proffers provide a high level of predictability for the public, Staff and elected officials in terms of quality, density, amenities, general improvements, site design and dwelling architecture. The City Attorney's Office has reviewed the proffer agreement dated September 30, 2014, and found it to be legally sufficient and in acceptable legal form. KIND#ARMS, LLC Agenda Item 14 Page 10 CONDITION OF FLOODPLAIN VARIANCE Unless otherwise required by the Planning Department/Development Services Center, the on-site floodplain mitigation shall be as depicted on the Plan referenced in Proffer #1 above. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. KING FARMS, LLC Agenda Item 14 Page 11 AERIAL OF SITE LOCATION KING FARMS, LLC Agenda Item 14 Page 12 8 88 1 PROPOSED SITE LAYOUT KING FARMS, LLC Agenda Item 14 Page 13 � �Z PROPOSED ENTRY FEATURES KING FARMS, LLC Agenda Item 14 Page 14 s 9 x � a uu LL $ t 9 a a Ili Ili rrYi 2-11 i WYY WiI iii i jI 3 I u uii i e! 0 Z 1 � • Z %� N ' 1• ^\ Y 14% ^\ b p W Q ' .11•:=1' • L. Z • \/ - V V- W ,„* EI -1[- PROPOSED NEIGHBORHOOD IDENTIFICATION KEY KING FARMS, LLC Agenda Item 14 Page 15 PROPOSED TYPICAL HOME ELEVATIONS KING FARMS, LLC Agenda Item 14 Page 16 z -- a 8S 4 SPECIAL FLOOD HAZARD AREA FLOODPLAIN IMPACTS KING FARMS, LLC Agenda Item 14 Page 17 ZONING HISTORY # DATE REQUEST ACTION 1 02/12/13 Conditional Use Permit (assembly use) Granted 2 05/24/11 Conditional Use Permit (private sewage treatment facility) Granted 06/08/10 Rezoning (Conditional R-10 to AG -1) Granted 08/24/04 Rezoning (AG -1 & AG -2 to Conditional R-10) Granted 3 09/14/04 Conditional Use Permit (housing for seniors & disabled) Granted 4 03/04/03 Rezoning (AG -1 & AG -2 to R-30) Granted Conditional Use Permit (Open Space Promotion) Granted Subdivision Variance (road width) 5 05/11/99 Rezoning (AG -2 to PD -H1 & P-1) Granted 6 07/08/97 Conditional Use Permit (outdoor recreational facility — golf course) Granted KING FARMS, LLC Agenda Item 14 Page 18 I II 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) King Farms, L.L.C.: Pamela K. Gray, Managing Member; Phyllis K. Perry, Member; Amy L. Gray, Member; Andrew A. Gray, Member 2. List all businesses that have a parent-subsidiary1 or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ISI Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes 4 1 1 Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No ISI If yes, what is the name of the official or employee and the nature of their interest? • DISCLOSURE STATEMENT KINGFARMS, t.LC Agenda Item 14 Page 19 ant int 'i 3 4 4 i 4 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) MSA, P.C. Sykes, Bourdon, Ahern & Levy, P.C. Richard Browner 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 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. Ki. - arms, LLC /� 1. Mant'sre, Property Owner's Signature (if diffeient than applicant) Pamela K. Gray, Managing Member Print Name Pamela K. Gray Steven A. Gray Print Name DISCLOSURE STATEMENT KING.:FARMS, Agenda Item 14 Page 20 q 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) King Farms, LLC: Pamela K. Gray, Managing Member; Phyllis K. Perry, Member; Amy L. Gray, Member, Andrew A. Gray, Member 2. List all businesses that have a parent-subsidiary1 or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Pamela K. Gray & Steven A. Gray 2. List all businesses that have a parent -subsidiary) or affiliated business entity2 relationship with the applicant: (Attach list if necessary) nCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes II No M If yes, what is the name of the official or employee and the nature of their interest? Floodplain Variance Application Page 9of10 Revised11/1/2013 DISCLOSURE STATEMENT KING;FARMS, LLC ,Agenda Item 14 Page 21 W 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) MSA, P.C. Sykes, Bourdon, Ahern & Levy, P.C. Richard Browner ' "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 Govemment 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 entitles 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. 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. King Farms, LLC By Gian11111A- LK. A-4.20/ 6ppficant's Signature Property Property Owner's SS gnif di ent than applicant) Pamela K. Gray, Managing Member Print Name Pamela K. Gray Steven A. Gray Print Name Floodplain Variance Application Page 10 of 10 Revised 11/1/2013 DISCLOSURE STATEMENT KING (ARMS Agenda Item 14 • Page22 Item #14 King Farms, L.L.C. Change of Zoning Floodplain Variance 2852 and 2876 West Neck Road District 7 Princess Anne November 12, 2014 REGULAR Dave Redmond: Please take a seat. So we will reconvene this meeting of the Virginia Beach Planning Commission and I will ask our Secretary Mr. Thornton to please call the next item. Bob Thornton: The next item is 14. This is an application by King Farms, L.L.C. It is a request for a Change of Zoning from AG -1, AG -2 to Conditional PD -H2 with a R-20 residential overlay and a Floodplain Variance. This is all located at 2852 West Neck Road on what looks like maybe 5 parcels of land, totaling 158 acres. Dave Redmond: Mr. Bourdon. Eddie Bourdon: Thank you Mr. Chairman. Dave Redmond: Welcome back. Eddie Bourdon: I'm glad to be back. Members of the Commission, Eddie Bourdon, a Virginia Beach attorney representing the applicant, and along with me is the Land Planner, former member of this Commission, Mr. Dick Browner, and he is going to do a good bit of this because you all are getting tired of listening to me, and this is not the last you will have to today. First, I want to say that Carolyn Smith and the Planning Staff did an excellent job working with us and with Pam and Steve, and Dick on this application. We appreciate all of their efforts. I think Carolyn's report was extensive, thorough, and hit the points that needed to be made. It certainly does adhere to all of the goals and ideals of the Comprehensive Plan, both as it exists today and as it maybe tweaked either later today or in the months to come. One unit per acre, 58 percent open space, beautiful high-end homes. It will take quite a number of years to develop, 70 percent are located in back or in front of open space. One of the really neat things about this, and I think the committee members or most of the committee members -not all agree -was the fact we are not allowing any privacy fencing, so it is all proffered fencing. It's an open style fence, low fence so that everyone's view of the open space is going to be maintained and not blocked by someone's privacy fence. A lot of active recreational amenities are included, so I don't want to belabor the point in the application. I think it is an excellent application. I think you all will find it to be such, and I did have the privilege of going out and speaking to the civic league, the community association, I should say, at the Village of West Neck. We had a very large turnout at their meeting a number of months ago, and frankly, we were well received on the application. There were some concerns expressed by some in attendance with regard to West Neck Road, and traffic as it pertains to West Neck Road. We clearly, and Staff has told you, West Neck is not going to be overburdened and most importantly we are dedicating almost 7 1/2 acres of land to the City, giving land to the City for additional improvements now or in the future for West Neck Road, substantial real estate. And on top of that, another 150 -foot Transitional Area buffer for trail connectivity along West Neck Road, adjacent Item #14 King Farms, L.L.C. Page 2 to the buffer. Actually, the extra land that we're giving to the City and not to mention we got six or seven miles of trails onsite, so I think it is an absolutely beautiful proposal an excellent proposal. We've spent many, many months going through this. Someone asked the question this morning, we obviously went to the committee the TATAC Committee, and I've been to them quite a number of times so far in the last few months, and I certainly give the members of the subcommittee, and I think we had a good attendance that afternoon, were uniformly pleased. They had a lot of nice things to say about this application, and I think you also heard the Chairman, Mr. Branch, say some of the same things this morning. The only thing that is a little different guess is the Floodplain Variance part of this. And remember when we did this Floodplain Ordinance that applied to the southern part of the city, I actually believe that you can impact up to 5 percent on your site of the floodplain on your site, and it can be approved administratively, which has been done. I have many times. We're coming in for a variance for floodplain impacts that are 2 percent and a majority of that is for trails in the open space. That is two percent of the floodplain on this site, not floodplain in the city, just on this site. It is truly de minimis and, this little area here. Mr. Brockwell is correct. Water will still flow through but it still involves, from a flood standpoint, taking up capacity, it will all be mitigated. This little place, just a minor 550 square feet here and a little here. And square feet is not the flood water capacity. It is the square footage of the road incursion into the flood area which is again, very, very small, but this area is dry 98 percent of the time, and it is perfect for park land, Munden Point Park is mostly entirely floodplain. Parts of Red Wing Park are floodplain. There are other parks in the city that are in the floodplain. Floodplain doesn't mean it is wet, it means that it can flood, so perfect use of that part of the development. With that, you are all familiar with the plan, the turn lanes, the buffers, everything, you've seen it. You've heard about it, and read about it. I'm going to let Dick Browner come up and take credit for a wonderful plan. The committee, I started to say, really helped focuses on this plan. I don't think the plan was necessarily or dramatically changed at all, but it certainly kept us focused on, and I think that is one of the things that helped us by participating with the TATAC Committee, but really Mr. Browner deserves most of the credit for doing a wonderful plan. Thank you. Dave Redmond: Mr. Browner, welcome. May 1 remind you, the clock is running! Dick Browner: You may. Quickly, I just want to touch bases on a couple of things really that tiel the two applications as far as rules, permits and approvals go. I thought it would be helpful to let you know as a Commission some of the steps we have gone through in the development of this plan and some of the permitting that we have done. We've had essentially three rule books to go by. One was the Federal rule book, and initially we went to the Corps. of Engineers to get a wetlands delineation done on the property. We got a Phase 1 environment reviews completed, and had that done, so that we could eliminate properties and determine exactly how much land we had to work with as far as the master plan. We also had to adhere to obviously the new stormwater regulations and the state rule book and the E&S controls, and then locally when we develop the plan, we had four ordinances that we had to make sure that we were in compliance with. The Comprehensive Zoning Ordinance, the Wetland Ordinance, the Southern Watershed Ordinance, and really the design area of, the Transition Area design requirements. Pam and Steve, the owners of the property, hired me to put a team together, and it really has been a team effort by Bob Miller's company and Nathan Lahy, the Landscape Architect over there has been very instrumental of the development of the plan. One of the first things that I did, knowing the rules and regulations of the Transition Area that are currently in place, and also have been aware of the ones that were being proposed, I went through and I knew there was a concern about infrastructure, and one of the primary concerns about infrastructure in the Transition Area. So, we had Item #14 King Farms, L.L.C. Page 3 a check list, water for example. They want City water to the property. We got that. What about City sewer? There was an existing pumping station across the street. We met those requirements. School capacity is an issue for everything in the Transition Area. And I think you heard the Staff say earlier that the school projections, the schools will not have a problem. We will not be exceeding capacity. And the final item was roadway improvements. So, one of the first things that I did was go to the Traffic Engineering Department and request from them, ask them to give me an alignment for West Neck Road as it relates to the King property to let me know whether or not how much land would be needed to provide them with the right-of-way that was needed for that road to be properly aligned and to be a safe, design. We did that. They came back to us and told us that we got a 120 -foot, a dedication that we are making along the entire frontage there for the improvements that are needed for a scenic parkway section. It is a two-lane section, and Staff looked at our plan and said we have enough room in there to accommodate that and they approved that. The other thing they requested us to do from a safety standpoint was to limit our access on to West Neck Road to two places. And as you can see on the plan when you look at it, the two access points there. They also requested we put in turn lanes, which we have done, and the property owners have agreed to dedicate the right-of-way for it. Dave Redmond: Mr. Browner, I am going to ask you to wrap up. Dick Browner: Okay. Any question that you may have about the plan itself, I will be happy to answer them. Dave Redmond: Are there any questions for either for Mr. Browner or Mr. Bourdon? Is there anybody? Alright, thank you Mr. Browner. Dick Browner: Alright. Thank you. Bob Thornton: Wait, I have one. I'm sorry. You mentioned the stormwater. Are you under the new stormwater regulations or did you get this under the old stormwater regulations? Dick Browner: No, we are under the new regulations, and we've made that point. That was some of the land that we had to exclude from being able to place homes on it, so we've done all that. We're under the new regulations. Bob Thornton: Okay. Thank you. Dick Browner: Yep. Dave Redmond: Are there any other questions for Mr. Browner or Mr. Bourdon? Okay, thank you. Dick Browner: Thank you. Dave Redmond: Mr. Secretary, we have any speakers? Bob Thornton: We have one person to speak in favor. Karen Kwasny has signed up to speak. Dave Redmond: Ms. Kwasny? Welcome. Item #14 King Farms, L.L.C. Page 4 Karen Kwasny: Thank you for having me. Chairman Redmond and members of the Planning Commission, I wasn't planning on speaking today but I wanted to come before you as a member of the Transition Area Interfacility Traffic Area Citizens Advisory Committee, as well as the chair of the Development Design Review Subcommittee. Primarily because I think it is important that I clarify and emphasize our report out on this particular development project. Earlier today when our report out was presented to you, it was significantly truncated to become part of the Staff's report. In truncating our report out to you, you missed a number of items. The first of which is our approval of this project and why we approve this project. That needs to go on record. Dick Browner didn't get an opportunity to convey to you properly what would be my reasons for approving it. One, while it does come under the original Transition Area Design guidelines, those that are in place right now, and those that we have worked to create an amendment, our recommendation for an amendment for the Comprehensive Plan. What he has done with this development comes closer to our recommendations. For instance, there is connectivity in all the trails, all the homes that he has designated will be within a specific distance of open space. There is 57 percent open space in this development. It is a lovely design of quality which is to be expected of Mr. Browner. If you've seen any of his other works you know he does quality design. It is a beautiful development, his plan, absolutely. That is the first reason the committee approved it. Having to do with it and I as I've said, it comes closer to our recommendations, active and passive open spaces are balanced. Connectivity though the development to open space, all homes are within views of open space. Those are important elements and those are specifics that we cover in our recommendations for a reason. Okay, because they create quality development. Okay, in keeping with the Transition Area. The second thing that I wanted to clarify was the issue with the lot size. The previous recommendation, the previous guidelines allowed for a variable lot sizes. The new recommendations allow for a variable lot size. In this lovely clustered development we have variable lot sizes. 8/6, 9/6, 10 & 12, I believe. I think I am allowed 10 minutes as a committee member. Yes? Dave Redmond: No. Not unless you're representing the committee. Karen Kwasny: I am. Dave Redmond: Please try it. We've got more to do here today. Keep it as tight as you can. Karen Kwasny: As tight as I can. Now I have to back up to get to where I was. Hold on a second. What I was saying it has variable lot sizes which makes for a clustered development. The recommendations we had in my report out was not that the applicant lower the lot size or maximized the lot size, increased the lot size, and therefore decrease open space. Our desire was that he perhaps shuffle things around a little bit so that the smaller lots could be fronting or backing open space, which many of them do not. Granted 70 percent of them that do. The other issue that is paramount for us was not traffic capacity so much as safety of that roadway. It is a two-lane rural road with deep ditches on either side that is absolutely going to be traveled by youngsters who have just gotten their license. That is important. Those are inexperienced drivers because they've just got their licenses. To this new Kellam High School, which really traffic in that high school has only been studied for about three months because it has only been open for about that long, maybe five. When we talk about safety, it is our job on my committee to recommend to you as City officials that this road is attended too. They've allowed for 7.5 acres dedicated to road improvements, so our job is to highlight that, and to say to you to make note of that, put it on record so when Capital Improvement Projects come up, and they are discussed and they get prioritize, this one gets a priority. That there is room for it. There is a need for it. North, south, east or Item #14 King Farms, L.L.C. Page 5 west, West Neck is going to be traveled. There is a lot of development going on. Take into account the accumulative effect and we have safety issues on that road. Capacity may be fine but safety will be a problem and we need to address that. Thank you. Dave Redmond: Thank you. Might I add, it is particularly a problem when people get drunk and drive off the road. Karen Kwansy: Yes. Dave Redmond: Altogether, there is too much of that, so it seems to me that every time that happens there is a new CIP that gets approved. Not sure that makes a lot of sense. Thank you for your time. Bob Thornton: That is all the speakers. Dave Redmond: That is all the speakers that we have. Mr. Browner, Mr. Bourdon, is there anything else you want to add? Eddie Bourdon: I will give my rebuttal time to Karen if she wants to keep talking. Every word she said I agree with. We appreciate, as I said earlier, we appreciate her very wonderful comments and they fall on Mr. Browner's shoulders, and the King's. Dave Redmond: Thank you Mr. Bourdon. Mr. Thornton. Bob Thornton: It is interesting to note that on a very new 150 -lot subdivision in the rural part of Virginia Beach, there is not a single soul to speak against it. So these folks in my mind have done an outstanding job of designing it, selling it, and presenting it so, my hats off to you what you have done. Dave Redmond: Any other comments before 1 entertain a motion? Donald Horsley: Mr. Browner has got experience in being a Planning Commission but when was that? Dick Browner: That was 10 or 15 years ago. Donald Horsley: So he ought to know how to put a plan together. Dave Redmond: I would think. Do I hear a motion? Donald Horsley: I make a motion that we approve the application as submitted. Ronald Ripley: Second. Dave Redmond: There is a motion on the floor by Commissioner Horsley and a second by Commissioner Ripley to approve agenda application number 14. Any comment folks? Whenever you are ready Ms. Coleman? Marchelle Coleman: The vote is open. Item #14 King Farms, L.L.C. Page 6 AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE Marchelle Coleman: By a recorded vote of 11-0, you have approved item 14. Dave Redmond: Thank you very much. In Reply Refer To Our File No. DF -9003 TO: Mark D. Stiles FROM: B. Kay Wilso RE: CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: November 20, 2014 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; King Farms, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on December 2, 2014. I have reviewed the subject proffer agreement, dated September 30, 2014 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 PREPARED BY: au SYK S. PO('RDON. `YI! AIILRN & LEVY, R.C. KING FARMS, LLC, a Virginia limited liability company PAMELA K. GRAY and STEVEN A. GRAY, her husband TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of September, 2014, by and between KING FARMS, LLC, a Virginia limited liability company, party of the first part, Grantor; PAMELA K. GRAY and STEVEN A. GRAY, her husband, parties of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of four (4) parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 151.70 acres which are designated as Parcels 1, 2, 3 and 5 and described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the party of the second part is the owner of a parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 6.33 acres and designated Parcel 4 and described in Exhibit "A" hereto; and WHEREAS, the party of the first part as the contract purchaser and owner of the five (5) parcels described in Exhibit "A", which are hereunder referred to as the "Property", 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 AG -1 and AG -2 Agricultural Districts to Conditional PDH -2 with underlying R- 20 Residential and P-1 Preservation Districts; and GPIN: 1493-96-9675 2403-05-6472 1493-95-9184 1493-96-6386 2403-04-8740 Prepared By: R. Edward Bourdon, Jr., Esquire VSB #2216o Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 PREPARED BY: a: SYU S. BOUROON, :'Yni AH]ERN & LEVY. P.C. WHEREAS, the Grantee's policy is to provide only for the orderly development el' land for various purposes through zoning and other land development legislation; and 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-io Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal. representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and. without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby 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: 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 one hundred fifty-three (153) building lots substantially in conformance with the exhibit entitled "CONCEPTUAL LAYOUT PLAN OF KING'S LANDING WEST NECK ROAD VIRGINIA BEACH, VIRGINIA", dated 04/28/14, prepared by Richard Browner and MSA, PREPARED BY: OM SYKES. POURDON. AtIERN & LEVY, P.C. P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Nanning ("Land Use Plan"). 2. When the Property is subdivided for development, the Grantor shall dedicate to the Grantee approximately seven and one-half (7.5±) acres of West Neck Road right of way along the Property's frontage, substantially as depicted on the Land Use Nan. The Grantor will also construct the multipurpose trail within the dedicated West Neck Road right of way substantially as depicted on the Land Use Plan. 3. When the Property is subdivided for development, a one hundred fifty fool: (150') wide "TRANSITION AREA BUFFER EASEMENT" shall be dedicated to the Grantee substantially as depicted on the Land Use Plan. When the Property is developed, the Transition Area Buffer shall be improved by the Grantor with ponds, berms and landscaping substantially as depicted on the Land Use Plan. 4. When the Property is subdivided for development, approximately 90.86 acres of active open space, passive forested open space, Transition Area Buffer and ponds as depicted on the Land Use Plan shall be zoned P-1 Preservation District. All of the Open Space areas including the "150' TRANSITION AREA BUFFER EASEMENT" shall be conveyed to and maintained by the Property Owners Association. 5. The community entrance and the proposed street sections of the roads within the community shall be constructed and installed substantially in conformance with the plans depicted on the Land Use Plan. When the Property is subdivided, the necessary right of way improvements and turn lanes from West Neck Road at the entrances from Wet Neck Road as depicted on the Land Use Nan shall be constructed by the Grantor. 6. When the Property is subdivided, the residential building lots shall range in size from 56,00o square feet to 8,000 square feet as depicted and described on the Lancl Use Plan 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 by all lot owners is mandatory. The Property Owners Association shall be responsible for maintaining the 150' Transition Area Buffer, all Open Space areas, Common Areas, trails, easements and entrance features. The Deed Restrictions shall prohibit the operation of motorcycles or all terrain vehicles ("ATV's") within the Open Space Areas. All structures, including fences on lots within King's Landing must be approved by the Architectural Review Committee of the Property Owners Association. PREPARED BY: � .: SYK S. BOURIDON. Yt AHERN & tENY. 7. A plan for improvements to the three (3) areas designated on the Land Use: Plan as "Neighborhood Park", "300' x 300' multipurpose field" and "100' x 100' multipurpose field, including tot lot and gazebo", along with 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. No multipurpose fields, park areas or open space areas shall be lighted for active recreation at night. 8. The single family residential lots depicted on the Land Use Plan will be divided into five (5) sections or neighborhoods within King's Landing as identified on the Exhibit entitled "Neighborhood Identification Plan of King's Landing" dated 9/16/14, 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 9. The dimensional and setback requirements applicable for each identified, neighborhood in King's Landing shall be as follows: A. West Neck Park minimum lot width minimum lot area minimum front yard setback minimum side yard setback minimum side yard setback adjacent to a street (vi) minimum rear yard setback (vii) maximum building height (viii) maximum lot coverage B. The Meadow View (i) minimum lot width (ii) minimum lot area (iii) minimum front yard setback (iv) minimum side yard setback (v) minimum side yard setback adjacent to a street (vi) minimum rear yard setback when adjacent to Open Space (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot (viii) maximum building height (ix) maximum lot coverage C. The Central Park (i) minimum lot width (ii) minimum lot area 100 feet 12,000 square feet 50 feet 10 feet 25 feet 20 feet 42 feet 35% 8o feet 10,000 square feet 30 feet 10 feet 20 feet 10 feet 20 feet 42 feet 40% 8o feet 9,600 square feet PREPARED BY: SYkES. POURDON, UM AIERN & LEVY. P.C. (iii) minimum front yard setback (iv) minimum side yard setback (v) minimum side yard setback adjacent to a street (vi) minimum rear yard setback when adjacent to Open Space (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot (viii) maximum building height (ix) maximum lot coverage D. The Park Side (i) minimum lot width (ii) minimum lot area (iii) minimum front yard setback (iv) minimum side yard setback (v) minimum side yard setback adjacent to a street (vi) minimum rear yard setback when adjacent to Open Space (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot (viii) maximum building height (ix) maximum lot coverage E. The Creek Side (i) minimum lot width (ii) minimum lot area (iii) minimum front yard setback (iv) minimum side yard setback (v) minimum side yard setback adjacent to a street (vi) minimum rear yard setback (vii) maximum building height (viii) maximum lot coverage 3o feet 10 feet 20 feet 10 feet 20 feet 42 feet 40% 8o feet 8,000 square feet 30 feet 10 feet 20 feet 10 feet 20 feet 42 feet 40% 8o feet 8,600 square feet 30 feet 10 feet 20 feet 10 feet 42 feet 40% An accessory structure, approved by the Architectural Review Committee, measuring not more than 150 square feet in size may have a setback of five feet (5') from a rear property line and/or a side property line not adjacent to a street. All fences approved by the Architectural Review Committee must be open style (i.e. not solid), no greater than fifty percent (5o%) opaque and not greater than five feet (5') in PREPARED BY: 3 : SYKES, POUIN)ON, NM AH ERN & LEVY. P.C. height. Open style fences with brick or stone pillars and matching bases no greater than eighteen inches (18") in height may be approved. 10. All residential dwellings constructed in the West Neck Park and Meadow View Park neighborhoods shall contain no less than 2400 square feet of enclosed living area, excluding garage area, for a one-story dwelling and no less than 2600 square feet of enclosed living area, excluding garage area, for a multistory dwelling. 11. All residential dwellings constructed in the Central Park, Park Side and Creek Side neighborhoods shall contain no less than 1800 square feet of enclosed living area, excluding garage area, for a one-story dwelling and no less than 2400 square feet of enclosed living area, excluding garage area, for a multistory dwelling. 12. All residential dwellings in King's Landing shall have no less than a two (2) car garage and shall be constructed with exterior surfaces, excluding roofs, windows, doors, soffits, trim and porches, of brick, stone, cement fiber (Hardie Plank), stucco, cedar shake or comparable high quality material. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted on the prints labeled "TYPICAL EXTERIOR ARCHITECTURAL QUALITY — HOMES IN KING'S LANDING", dated September 29, 2014 which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Architectural Exhibit"). 13. 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 PDH -2, R -2o and P-1 Zoning Districts 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: (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. PREPARED BY: QM SYK£S. BO'URDON. :� AAFRN & LEVY. RC. WITNESS the following signature and seal: Grantor: King Farms, LLC, a Virginia limited liability company %,gi (SEAL) Pamela K. Gray, Managing Mkmber STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 1st day of October, 2014, Pamela K. Gray, Managing Member of King Farms, LLC, a Virginia limited liability company, Grantor. My Commission Expires: August 31, 2018 Notary Registration Number: 192628 PREPARED BY: ZILI SYKES. DOURDON. AHERN & LEVY, R.C. WITNESS the following signature and seal: Grantor: biro J 1 1„,ou (SEAL) Pamela K. Gray (SEAL) Steven A. Gray STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 1st day of October, 2014, Pamela K. Gray and Steven A. Gray, her husband, Grantor. s� Notary Public My Commission Expires: August 31, 2018 Notary Registration Number: 192628 PREPARED BY: SYk{S. BOURDON, MI AARRN & LEVY, R.C. PREPARED BY: 0.13 SYZES. IOURDON. da AH ERN & LEY. P.C. EXHIBIT "A" PARCEL 1: ALL THAT certain tract, piece or parcel of land, with the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and known and designated as "PARCEL B", as shown on that certain plat entitled "SUBDIVISION OF PROPERTY KING FARMS, LLC M.B. 1 P. 1 VIRGINIA BEACH, VIRGINIA", dated February 17, 2006 and revised April 26, 2007, made by Bonifant Land Surveys, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20070605000761300. GPIN: 1493-96-9675 PARCEL 2: ALL THAT part and portion of a tract of land which lies and is on the South and East side of the division line made by E.E. Burroughs, County Surveyor, between the said Calvin C. Upton and the other party in interest and as shown on a plat of said land in red ink, which division line commences at a stake or post on a road in front of a tenant house on Reuben Fountain's land, formerly occupied by one Bartee Walke, which stake stands and is planted at a point North 67 degrees West 15 chains and 95 links from a station on said survey on said road, which said station is North 181/2 degrees West 190 from a line gum at said road in the line between said land and that of Reuben Fountain near a bridge across said road at Woodhouse Corner on said Road, and thence running from said stake or post North 401/2 degrees East 3450 -across said farm and tract of land to the. back line thereof, and containing 75 acres 3 roods and poles (75 A. 3R. and 5P) and being the Southern and Eastern portion of the tract of land which was divided between John T. Woodhouse and wife and Calvin C. Upton and wife by deed of partition dated February 28, 1900, and of record on Page 463 of Deed Book 69 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; together with all the buildings and improvements on said property and the appurtenances thereunto belonging. Expressly excepting from the above described property one (1) acres, more or less, previously conveyed to F.E. King et ux, by deed dated May 25, 1856, and of record in the Clerk's Office of the City of Virginia Beach, Virginia, in Deed Book 456, at Page 527, and more particularly bounded and described as follows: Beginning at the northerly side of the West Neck Public Road at the dividing line of the property of F.E. King and the property herein conveyed; thence in an easterly direction along the northerly side of the West Neck Road one hundred seventy (170) feet to a stob; thence in a northerly direction three hundred fifty (350) feet to a stob; thence in a westerly direction seventy-one (71) feet to a stob in the easterly line of the property of F.E. King; thence in a southerly direction along King's line 368.5 feet to a stob in the northerly side of West Neck Road, the point of beginning, containing approximately one (1) acre. GPIN: 2403-05-6472 PREPARED BY: 013 SYKPS, POUIDON, UM AHERN & LPVY. P.C. PARCEL 3: ALL THAT certain tract, piece or parcel of land situate, lying and being in Seaboard Magisterial District, Princess Anne County, Virginia, and more particularly described as follows: Beginning on the northerly side of the West Neck Public Road at the dividing line of the property of F.E. King and the property herein conveyed; thence in an easterly direction along the northerly side of the West Neck Road one hundred seventy (170) feet to a stob; thence in a northerly direction three hundred fifty (35o) feet to a stob; thence in a westerly direction seventy-one (71) feet to a stob in the easterly line of the property of F.E. King; thence in a southerly direction along King's line 368.5 feet to a stob in the northerly side of West Neck Road, the point of beginning, containing approximately one (1) acre. GPIN: 1493-95-9189 PARCEL 4: ALL THAT certain tract, piece or parcel of land, with the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and known and designated as "PARCEL A", as shown on that certain plat entitled "SUBDIVISION OF PROPERTY KING FARMS, LLC M.B. 1 P. 1 VIRGINIA BEACH, VIRGINIA", dated February 17, 2006 and revised April 26, 2007, made by Bonifant Land Surveys, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20070605000761300. GPIN: 1493-96-6386 PARCEL 5: 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, designated and described as "RESIDUAL PROPERTY TO BE ACQUIRED (4,668 SQ. FT., 0.107 AC.)", also described as "RESIDUAL PROPERTY TO BE ACQUIRED 4,668 (SQ. FT.) 0.107 (AC.)", as shown on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM EMMA SMITHSON FOUNTAIN BY CITY OF VIRGINIA BEACH FOR WEST NECK ROAD CIP 2-502 PARCEL 017 VIRGINIA BEACH, VIRGINIA", Scale 1" = 40', dated June 23, 2011, prepared by WPL, said plat duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20120817000932930, to which reference is made for a more particular description. ALSO DESCRIBED AS: ALL THAT certain lot, piece or parcel of land, with the building and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "PROPERTY OF CITY OF VIRGINIA BEACH 2403-04-8740 (INST 20120822000954960) (INST 20120817000932930)" as shown on that certain plat entitled "PLAT SHOWING PROPERTY OF THE CITY OF VIRGINIA BEACH TO BE CONVEYED TO KING FARMS, LLC VIRGINIA BEACH, VIRGINIA", Scale 1" = 40', dated March 27, 2013, prepared by WPL, said plat duly recorded in the aforesaid Clerk's Office as Instrument Number 20130612000677160, to which reference is made for a more particular description. SUBJECT to that permanent right and easement, designated and described as "VARIABLE WIDTH PERMANENT DRAINAGE EASEMENT HEREBY ESTABLISHED (4,668 SQ. FT. 0.107 AC.)" and also described as "VARIABLE WIDTH PERMANENT DRAINAGE EASEMENT HEREBY ESTABLISHED 4,668 (SQ. FT.) 0.107 (AC.)", said easement being established by and shown on the aforesaid plat. SUBJECT TO that temporary right and easement to use the additional area designated and described as "VAR WIDTH TEMPORARY CONSTRUCTION EASEMENT HEREBY ESTABLISHED (4,668 SQ. FT. 0.107 AC.)" and also described as "VAR. WIDTH TEMPORARY CONSTRUCTION EASEMENT HEREBY ESTABLISHED 4,668 (SQ. FT.) 0.107 (AC.)", said easement being established by and shown on the foresaid plat, and for construction cut and/or fill slopes as required for the proper execution and maintenance of work. Said temporary right and easement will terminate when there no longer exists the necessity for maintenance or until such time as all construction has terminated and the City of Virginia Beach accepts the work as being completed. GPIN: 2403-04-8740 H:\AM\Conditional Rezoning\King Farms\Proffer_clean 9-29-14.doc PREPARED BY O. i SUES. POURDON. & LEVY. P.C. II 1 ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 208 of the City Zoning Ordinance pertaining to portable storage containers for special events. MEETING DATE: December 2, 2014 ■ Background: The City Zoning Ordinance does not currently allow portable storage units to be used during special events. Event organizers find it convenient to have portable storage containers on-site for transporting and/or storing event -related materials. For example, the Boardwalk Art Show organizers would like to allow artists to store artwork overnight during the four-day event in portable storage containers. • Considerations: The proposed amendment to Section 208 of the City Zoning Ordinance, which regulates portable storage containers, provides for portable storage containers to be utilized during special events that possess a valid Special Events Permit. An amendment to City Code Section 4.1, Special Events, is proposed in conjunction with the City Zoning Ordinance amendment. The amendment requires that where storage containers are desired, the application for a special event must specify the number and location of containers and how long they will be on the site. This amendment requires no action by the Planning Commission; however, since the purpose of the amendment to the Zoning Ordinance is to regulate portable storage containers used at special events that have a valid Special Events Permit, the two amendments are interdependent. There was no opposition to the proposed amendment to Section 208 of the Zoning Ordinance. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval. • Attachments: Minutes of Planning Commission Hearing Ordinances CITY OF VIRGINIA BEACH AMENDMENT TO SECTION 208 Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department Al\k/- City Manager: `�� 1 REQUESTED BY COUNCILMAN JOHN UHRIN 2 3 AN ORDINANCE TO AMEND SECTION 4 208 OF THE CITY ZONING ORDINANCE 5 PERTAINING TO PORTABLE STORAGE 6 CONTAINERS FOR SPECIAL EVENTS 7 8 SECTION AMENDED: City Zoning Ordinance § 208 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 208 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 Sec. 208. - Portable storage containers. 19 Portable storage containers located outside of an enclosed building or structure 20 shall be allowed only as specified in this section and subject to the following regulations: 21 22 (a) General requirements. The following requirements shall apply to portable 23 storage containers in all districts: 24 25 26 27 (2) No more than one (1) sign having a maximum area of six (6) square feet 28 per sign may be displayed on any portable storage container; 29 30 .... 31 32 (h) Special Event Permits. In conjunction with a special event, portable storage 33 containers shall be allowed in any zoning district with a valid special event permit. Such 34 portable storage containers shall comply with all requirements of the special event 35 permit. Only the signage allowed in accordance with subsection (a)(2) of this section 36 shall be permitted. 37 38 39 40 41 42 These amendments would in conjunction with the amendment to City Code Section 4-1 43 allow portable storage containers to be used by events with special event permits. The special event 44 permit would need to include time limits, location and numbers for review by staff. COMMENT 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: 7 148.1k 4. o 4eiegi Planning'Departmentj City Attorney's Office CA1996/R-4/September 29, 2014 2 1 REQUESTED BY COUNCILMAN JOHN UHRIN 2 3 AN ORDINANCE TO AMEND SECTION 4- 4 1 OF THE CITY CODE PERTAINING TO 5 PORTABLE STORAGE CONTAINERS 6 WITH SPECIAL EVENT PERMITS 7 8 SECTION AMENDED: City Code § 4-1 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 4-1 of the Code of the City of Virginia Beach, Virginia, is hereby 14 amended and ordained to read as follows: 15 16 Sec. 4-1. Permit for special events. 17 18 .... 19 20 (b) Application: Contents and Fee. An application for any permit required by this section 21 shall be made to the city manager or his designee, accompanied by a nonrefundable 22 processing fee as provided in section 4-1.1. The application shall be submitted not less 23 than thirty (30) days nor more than six (6) months prior to the date of the proposed 24 activity. An application for a major event held for two (2) or more consecutive days shall 25 be filed not less than sixty (60) days nor more than six (6) months before the first date of 26 the proposed activity. The application shall contain the following information, utilizing a 27 form provided by the city manager: 28 29 .... 30 31 If portable storage containers are requested, the duration of the 32 containers at the site, the number of containers and the location of 33 the containers. 34 35 .... 36 37 (e) Permit Requirements. The city manager or his designee may impose, as conditions 38 to granting a permit, such further requirements and restrictions as will reasonably 39 protect the public health, safety, welfare, peace and order. Such conditions may include, 40 but are not limited to: 41 42 (1) The payment of a reasonable fee for the use or allocation of city 43 property, equipment and personnel not exceeding the actual costs 44 incurred by the city in connection with the proposed activity; and the 45 posting of a performance bond or other surety securing payment of 46 such fee. 47 48 (2) The provision of adequate crowd and traffic control, security, fire 49 protection, food handling, waste and refuse disposal, and noise 50 restrictions. 51 52 (3) The duration, location and number of any portable storage 53 containers. 54 55 56 57 58 59 These amendments would in conjunction with the amendment to City Zoning Ordinance 60 Section 208 allow portable storage containers to be used by events with special event permits. The 61 special event permit would need to include time limits, location and numbers for review by staff. 62 COMMENT Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2014. APPROVED AS TO CONTENT: Panni Department CA13072 R-2 August 7, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 2 Item #16 City of Virginia Beach An Ordinance to Amend Section 208 of the City Zoning Ordinance pertaining to portable storage containers for special events. November 12, 2014 An amendment to City Code Section 4.1, Special Events, is proposed for the City Zoning Ordinance. The Section 4.1 amendment requires that where storage containers are desired, the application for a special event must specify the number and location of containers and how long they will be on the site. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 16. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 16 by consent. Karen Lasley appeared before the commission on behalf of the city. [ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Article 2 of the City Zoning Ordinance by adding a new Part H, consisting of Sections 280 through 283, and to amend Sections 602, 702, 802, 902, and 1002, allowing optional reduced street setbacks in Apartment, Hotel, Office, Business, and Industrial Districts within Strategic Growth Areas and setting forth conditions for the reduction of such setbacks. MEETING DATE: December 2, 2014 • Background: The City's eight Strategic Growth Areas (SGAs) were established to create places where urban -style development will eventually replace traditional suburban -style, automobile -oriented development. Although plans have been adopted for each of the SGAs, only the Resort SGA and the Core Area of the Pembroke SGA have been coded for urban form. Suburban codes remain in place for the other SGAs, with setbacks that prohibit urban -style development as called for in the adopted plans. New codes are being developed, but it will take several years to work with property owners and stakeholder groups to finalize and adopt complete urban form codes for each SGA. In the meantime, there exists a desire by some property owners to comply with the adopted SGA Plans by reducing the setback from streets for new structures. Currently, the only way to reduce setbacks is through a conditional rezoning, a conditional use permit, or a variance from the Board of Zoning Appeals. Conditional rezonings and conditional use permits can be time-consuming and costly processes. State Code requires the Board of Zoning Appels to find a hardship or unique characteristic of a site in order to approve a variance, making this process a poor option. • Considerations: The proposed amendment establishes optional reduced setbacks for properties that lie within a SGA, which may be used when certain conditions are met. For example, the B-2 Community Business District requires a minimum 35' setback from any street. Where a site is located within a SGA, the proposed amendment allows a 10' setback from an arterial street or a 5' setback from all other streets for a commercial building where the following criteria are met: CITY OF VIRGINIA BEACH - OPTIONAL REDUCED SETBACKS Page 2 of 2 • No parking areas, drive aisles other than those associated with drop-off areas, mechanical equipment or service areas are located between the building and the street. Any building wall facing a street must have a substantial material change or articulation greater than 12 inches in depth, at least every 30 feet in both a vertical and horizontal direction. • For all building facades facing a street, ground floor stories must have at least 30% transparency and 15% for upper stories. Multiple family buildings require no less than 15% transparency on all stories. • Building facades facing a street must substantially conform to the applicable design guidelines in the Special Area Guidelines (Building Design — Urban Areas) found in the Reference Handbook of the Comprehensive Plan. This temporary measure is needed while more comprehensive urban zoning codes are being developed. The reduced setbacks are not mandatory, but provide an option for those wishing to develop in accordance with the SGA Plans. The reduced setbacks can be used only where basic urban form development standards are met that will create active, pedestrian -oriented streetscapes. 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 11-0, to recommend approval of the proposed amendment to the City Council. • Attachments: Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmenti\I W City Manager. 14 Q417 e 1 Item #18 City of Virginia Beach An Ordinance to Amend Article 2 of the City Zoning Ordinance by adding a new Part H, consisting of Sections 280 through 283, and to amend Sections 602, 702, 802, 902, and 1002, allowing optional reduced street setbacks in Apartment, Hotel, Office, Business, and Industrial Districts within Strategic Growth Areas and setting forth conditions for the reduction of such setbacks. November 12, 2014 CONSENT The City's eight Strategic Growth Areas (SGAs) were established as places where urban -style development will eventually replace traditional suburban -style, automobile -oriented development. Although Plans have been adopted for each of the SGAs, only the Oceanfront Resort District and the Central Business Core District have been coded for urban form. Suburban codes remain in place for the other areas with setbacks that prohibit urban style development as called for in the adopted plans. New codes are being developed, but it will take several years to work with property owners and stakeholder groups to finalize and adopt complete urban form codes for each SGA. In the meantime, some desire to comply with the adopted SGA Plans by reducing the setback from streets for new structures. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 18. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 18 by consent. Ashby Moss appeared before the Commission on behalf of the city. 1 REVISED VERSION 2 3 AN ORDINANCE TO AMEND ARTICLE 2 OF THE CITY 4 ZONING ORDINANCE BY ADDING A NEW PART H, 5 CONSISTING OF SECTIONS 280 THROUGH 283, AND TO 6 AMEND SECTIONS 602, 702, 802, 902 AND 1002, ALLOWING 7 OPTIONAL REDUCED STREET SETBACKS IN APARTMENT, 8 HOTEL, OFFICE, BUSINESS, AND INDUSTRIAL DISTRICTS 9 WITHIN STRATEGIC GROWTH AREAS AND SETTING 10 FORTH CONDITIONS FOR THE REDUCTION OF SUCH 11 SETBACKS 12 13 Sections Added: City Zoning Ordinance Sections 280, 281, 282 14 and 283 15 16 Sections Amended: City Zoning Ordinance Sections 602, 702, 17 802, 902 and 1002 18 19 20 WHEREAS, the public necessity, convenience, general welfare and good zoning 21 practice so require; 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That Sections 602, 702, 802, 902 and 1002 of the City Zoning Ordinance are 27 hereby amended and reordained, and a new Part H of Article 2, consisting of Sections 28 280 through 283 are hereby added, establishing optional reduced street setbacks in 29 Apartment, Hotel, Office, Business, and Industrial Districts within Strategic Growth 30 Areas and setting forth conditions for the reduction of such setbacks, to read as follows: 31 32 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 33 ALL DISTRICTS 34 35 H. Optional street setbacks in Strategic Growth Areas. 36 Sec. 280. Purpose. 37 38 (a) The purpose of this Part H is to establish interim regulations to allow the 39 development of high-quality, urban-style development in the City's Strategic Growth 40 Areas (SGAs) pending the adoption of zoning regulations that provide specific direction 41 regarding the form of development in each such SGA. 42 43 COMMENT 44 45 The section states the purpose of the ordinance, which is to encourage high-quality urban- 46 style development as envisioned in the implementation plans for the City's SGAs. The ordinance 47 will remain in effect as to each SGA until regulations are adopted to ensure that development is in 48 accordance with the vision embodied in each SGA plan. 49 50 Sec. 281. Findings. 51 52 The City Council finds that: 53 54 (a) In the 2003 Comprehensive Plan, the City established Strategic Growth 55 Areas, as areas designed to absorb most of the City's future growth, both residential 56 and non-residential. SGAs were planned to contain uses that are more intensive than in 57 most other areas of the City but are integrated into compact, yet compatible mixes of 58 uses, including office, retail, service, hotel and, where appropriate, residential, uses. 59 60 The 2003 Plan also set forth five common planning principles applicable to all 61 SGAs: 62 63 (1) Efficient use of land resources; 64 65 (2) Full use of urban services; 66 67 (3) Compatible mix of uses; 68 69 (4) A range of transportation opportunities; and 70 71 (5) Detailed human-scale design. 72 73 (b) The 2009 Comprehensive Plan retained the same strategy and guiding 74 principles as are set forth hereinabove. That strategy has been refined and expanded 75 by means of separate implementation plans that were specific to each of the City's 76 SGAs and were adopted only after an extensive public outreach program was employed 2 77 in each instance. The plans for all of those SGAs retain the five basic planning 78 principles set forth in subsection (a). In addition, the 2009 Plan noted that the City has 79 identified SGAs as: 80 81 (1) Providing opportunities for continued physical and economic 82 growth; 83 84 (2) Helping to prevent urban sprawl; 85 86 (3) Protecting our established residential neighborhoods and rural 87 areas from incompatible development due to growth pressures; 88 89 (4) Maximizing infrastructure efficiency; and 90 91 (5) Creating unique and exciting urban destinations. 92 93 (c) Traditional suburban-style development typically lacks significant 94 connectivity to mass transit systems and bicycle or pedestrian-oriented features, instead 95 depending almost exclusively upon automobile traffic. Such dependence upon the 96 automobile results in large expanses of asphalt or other impervious parking surfaces 97 that are rarely, if ever, fully utilized, and has significant undesirable effects, including, 98 among others: 99 100 (1) Inefficient use of land; 101 102 (2) Greater adverse environmental impacts, notwithstanding 103 compliance with applicable regulations, than vertically-oriented, 104 mixed-use development; 105 106 (3) Incompatibility, both functional and architectural, with adjacent 107 communities; 108 109 (4) Increased traffic congestion; and 110 111 (5) A lack of uniqueness and "sense of place" differentiating Virginia 112 Beach from other cities. 113 114 (d) While the City's vision for the SGAs is well-developed in the 115 Comprehensive Plan and in the implementation plans for the SGAs, not all of the 3 116 Strategic Growth Areas contain updated development standards implementing the City 117 Council's vision. Among the development standards that contribute to the achievement 118 of the urban form contemplated by the Comprehensive Plan are lesser setbacks from 119 streets, as such setbacks activate the street frontage by locating buildinq facades close 120 to the street, thereby providing a walkable, pedestrian -oriented streetscape. However, 121 the setback regulations currently applicable to the various zoning districts located within 122 the remaining SGAs generally require large street setbacks, and as a result, have the 123 effect of preventing by -right development that is consistent with the goals and objectives 124 of the SGAs. 125 126 (e) In light of the foregoing considerations, it is necessary, advisable, and in 127 the public interest for the City Council to adopt optional setback regulations in order to 128 encourage and promote development that conforms to and advances the City's vision 129 for the SGAs. Such regulations should remain in effect until such time as individual 130 codes and other zoning tools that are specific to each of the SGAs and responsive to 131 the City Council's vision can be developed and adopted by the City Council after having 132 received the benefit of extensive public comment. 133 134 COMMENT 135 The section sets forth the findings of the City Council. The central themes of the findings 136 are that: (1) the Strategic Growth Areas were conceived and established as places in which urban - 137 style development would eventually replace traditional suburban -style, automobile -oriented type of 138 development and (2) until codes and other zoning tools can be developed and implemented, the City 139 needs to adopt a set of interim setback regulations applicable to the SGAs in order to facilitate 140 development that is consistent with the City Council's vision for the SGAs. 141 Sec. 282. Applicability. 142 143 The provisions of this Part H shall apply to property in Apartment, Hotel, Office, 144 Business and Industrial Districts located within a Strategic Growth Area. 145 146 COMMENT 147 The section states its application to property that is located within uncoded SGAs by 148 designating the zoning districts within such SGAs that allow significant multifamily or commercial 149 development. As each SGA is coded, the current zoning district classifications contained in it will 150 be changed to classifications that more fully reflect the differences between the future SGA (urban - 151 form) zoning and the current (suburban -form) zoning. 152 This approach has been used by the City in adopting the Oceanfront Resort District Form - 153 Based Code, which replaced the former zoning district classification of the property it encompassed 154 by creating a new OR Oceanfront Resort Zoning District, and in the Town Center, where the 155 existing zoning of the property within it was changed to the CBC Central Business Core District. 4 156 157 Sec. 283. Optional by -right minimum front and front side setbacks. 158 (a) Notwithstanding any contrary provision of the regulations of the zoning 159 district in which it is located, property that is subject to the provisions of Section 282 160 may optionally be developed in accordance with the provisions of this section. 161 Permitted principal, conditional and accessory uses shall be as allowed by the 162 regulations of the zoning district in which the property is located. 163 (b) The table below shows minimum setback requirements for front and side 164 yards adjacent to a street, as measured from the lot line adjoining the street; provided, 165 however, that where a lot line adjoins a street having a lesser width than the right -of - 166 way shown in Table 1 of the Major Street Network Ultimate Rights of Way (2010), 167 incorporated in the Reference Handbook of the Comprehensive Plan, the setback shall 168 be measured from the ultimate right-of-way shown therein. Building Mixed Commercial Office Hotel Industrial, Multi - Flex, Type Use Family Institutional Street A — 0 — A — 0 — AO — — AO — — A — 0 — AO — — Type Burton 10 5 10 5 10 10 10 10 10 10 15 10 Station — — — — — — — — — — — Centerville 10 5 10 5 10 10 10 10 10 10 15 10 Hilltop 10 5 10 5 10 5 10 5 10 10 15 10 Lynnhaven 10 5 10 5 10 5 10 5 10 10 15 10 Newtown 10 5 10 5 10 5 10 5 10 10 15 10 Pembroke 10 5 10 5 10 5 10 5 10 10 15 10 Rosemont 10 5 10 5 10 10 10 10 10 10 15 10 169 NOTE: A (Arterial Street Type); 0 (Other Street Type) 170 (c) The following conditions shall apply to any development in which front or 171 side street setbacks have been reduced pursuant to this section: 172 (1) Prohibited features. No parking, drive aisles other than those 173 associated with drop-off areas, mechanical equipment or service 174 areas shall be placed between the building and the street; 175 176 (2) Blank walls. Exterior walls on any building facade facing a street 177 shall have a substantial material change, such as windows, doors, 5 178 columns, pilasters or other articulation greater than twelve (12) 179 inches in depth, at least every thirty (30) feet in both a vertical and 180 horizontal direction and on both ground and upper story street - 181 facing facades; 182 183 (3) Transparency. The combined area of windows and doors on a 184 ground story street -facing facade, as measured between two (2) 185 and eight (8) feet above the adjacent sidewalk or, if none, ground 186 level at the building facade, shall for all building types other than 187 multifamily, be no less than thirty per cent (30%) of the area of the 188 building facade, and for upper stories, no less than fifteen per cent 189 (15%). Multifamily buildings shall have a minimum transparency of 190 no less than 15% on all stories. When there is no floor above, 191 upper -story transparency shall be measured from the top of the 192 finished floor to the top of the wall plate on upper -story street -facing 193 facades; and 194 195 (4) Building facades facing a street shall substantially conform to 196 applicable design guidelines contained in the Special Area Design 197 Guidelines (Building Design — Urban Areas) contained in the 198 Reference Handbook of the Comprehensive Plan. 199 200 (5) In lieu of any of the requirements of subdivisions (1) through (4), 201 optional forms of development, such as courtyards, outdoor cafes, 202 water features or, for upper stories, balconies and galleries, that 203 significantly contribute to a walkable, active, pedestrian -oriented 204 environment, may be utilized. 205 206 COMMENT 207 The section sets forth the optional reduced setbacks that may be used instead of the ones 208 required by the regulations of the zoning district, and sets forth the conditions under which the 209 setbacks may be reduced. 210 211 ARTICLE 6. APARTMENT DISTRICTS. 212 213 Sec. 602. Dimensional requirements. 6 214 215 The following chart lists the requirements within the A-12 through A-36 216 Apartment Districts for minimum lot area, width, yard spacing and maximum lot 217 coverage for semidetached dwellings. 218 219 (h) Front and side -yard setbacks adjacent to a street may be reduced in 220 accordance with the provisions of Part H of Article 2. 221 222 223 COMMENT 224 The amendment conforms the setback regulations in Apartment Districts to the provisions 225 allowing reduced setbacks for buildings located within a Strategic Growth Area. 226 227 ARTICLE 7. HOTEL DISTRICTS. 228 229 Sec. 702. Dimensional requirements. 230 231 (a) The following chart lists the requirements within the H-1 Hotel District for 232 minimum lot area, width, yard spacing, maximum lot coverage and maximum lodging 233 unit density for all uses and structures. 234 *Where applicable, newly created corner lots must also adhere to section 4.4(c) of the 235 Subdivision Ordinance, requiring lot width on certain corner Tots. 236 (b) Front and side -yard setbacks adjacent to a street may be reduced in 237 accordance with the provisions of Part H of Article 2. 238 239 240 COMMENT 241 The amendment conforms the setback regulations in the Hotel District to the provisions 242 allowing reduced setbacks for buildings located within a Strategic Growth Area. 243 244 ARTICLE 8. OFFICE DISTRICTS. 245 7 246 Sec. 802. Dimensional requirements. 247 (a) The following chart lists the requirements within the 0-1 and 0-2 Office 248 Districts for minimum lot area, width, yard spacing and maximum lot coverage for all 249 uses and structures. (1) Minimum lot area in square feet: (2) Minimum lot width in feet:* 43,560 (3) Minimum front yard setback in feet: (4) Minimum side yard setback in feet, unless a greater setback is required by section 803 (5) Minimum side yard setback adjacent to a street in feet: (6) Minimum rear yard setback in feet, unless a greater setback is required by section 803 r_. 250 (7) Maximum lot coverage in percent: 35 10 120 30 20 12 251 *Where applicable, newly created corner Tots must also adhere to section 4.4(c) of the 252 Subdivision Ordinance, requiring lot width on certain corner lots. 253 (b) Front and side -Yard setbacks adjacent to a street may be reduced in 254 accordance with the provisions of Part H of Article 2. 255 256 COMMENT 257 The amendment conforms the setback regulations in the Office Districts to the provisions 258 allowing reduced setbacks for buildings located within a Strategic Growth Area. 259 260 ARTICLE 9. BUSINESS DISTRICTS. 261 (a) The following chart lists the requirements within the B-1, B -1A, B-2, B-3, 262 and B-4 Business Districts for minimum lot area, width and yard spacing for all 263 commercial uses and structures. 264 265 (f) Front and side -yard setbacks adjacent to a street may be reduced in 266 accordance with the provisions of Part H of Article 2. 267 268 COMMENT 269 The amendment conforms the setback regulations in the Business Districts to the provisions 270 allowing reduced setbacks for buildings located within a Strategic Growth Area. 8 271 272 ARTICLE 10. INDUSTRIAL DISTRICTS. 273 274 Sec. 1002. Dimensional requirements. 275 The following chart lists the requirements within the 1-1 and 1-2 Industrial 276 Districts for minimum lot area, width, yard spacing and maximum floor area ratio for all 277 uses and structures. (1) Minimum lot area in square feet: (2) Minimum lot width in feet:* (3) Minimum front yard setback in feet: (4) Minimum side yard setback in feet unless a greater setback lis required by section 1003 (5) Minimum side yard setback adjacent to a street in feet: Minimum rear yard setback in feet, unless a greater setback is required by section 1003 (6) (7) Maximum floor area ratio: Industrial Districts 1-1 1-2 20,000 20,000 T100 1100 30 0 278 *Where applicable, newly created corner lots must also adhere to section 4.4(c) of the 279 Subdivision Ordinance, requiring additional lot width on certain corner lots. 280 281 (b) Front and side -yard setbacks adjacent to a street may be reduced in 282 accordance with the provisions of Part H of Article 2. 283 284 COMMENT 285 The amendment conforms the setback regulations in the Industrial Districts to the 286 provisions allowing reduced setbacks for buildings located within a Strategic Growth Area. 287 288 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 289 day of , 20_. 9 APPROVED AS TO CONTENT: Departme t ,! Fanning jam` CA -13120 November 5, 2014 R-6 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 10 K. APPOINTMENTS BUILDING CODE OF APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION BOARD COMMUNITY POLICY and MANAGEMENT TEAM COMMUNITY SERVICES BOARD — CSB HAMPTON ROADS PLANNING DISTRICT COMMISSION — HRPDC HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION L UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ***************************** PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* L UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ***************************** PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* CITY COUNCIL MEETING REMAINDER OF 2014 DECEMBER 9TH INFORMAL AND FORMAL SESSION CITY COUNCIL WINTER RETREAT Brock Environmental Center 3663 Marlin Bay Drive Bayside District February 5-6, 2015 2014 CITY HOLIDAYS Christmas Eve (half-day) - Wednesday, December 24 Christmas Day - Thursday, December 25