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Home My WebLink AboutJANUARY 24, 2006 AGENDA CITY COUNCIL CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MAYOR MEYERA E. OBERNDORF,At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER. Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT. At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON. At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY City CLERK - RUTH HODGES SMITH, MMC CITY COUNCIL AGENDA 24 JANUARY 2006 I. CITY MANAGER'S BRIEFING - Conference Room - A. B. 1-264 IMPROVEMENT Horace A. Welch, Transportation Engineer, Sr. Virginia Department of Transportation (VDOT) COMPENSATION PLAN Susan Walston, Chief of Staff II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - A. B. C. CALL TO ORDER - Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSEDRlVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E- MAIL: Ctycncl@vbgov.com 1:30PM 4:00PM v. D. E. F. G. H. 1. FORMAL SESSION - Council Chamber - 6:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend D. P. Staton Police Chaplain C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION MINUTES 1. INFORMAL AND FORMAL SESSIONS January 10,2006 AGENDA FOR FORMAL SESSION CONSENT AGENDA RESO L UTI ONS/O RD INAN CES 1. Resolution in OPPOSITION to Senate Bill No. 87 and House Bill No. 665 re pennits for the selective pruning of certain vegetation in areas around billboards. (Sponsored by Mayor Meyera E. Obemdorf, Council Lady Reba S. McClanan and Council Lady Rosemary Wilson). 2. Resolution to REFER to the Planning Commission an Ordinance to amend Sections 501, 901 and 1001 of the City Zoning Ordinance (CZO) re prohibiting incompatible uses of Zoning Districts in the clear zone. 3. Resolutions REQUESTING the Virginia Department of Transportation (VDOT) ACCEPT: a. b. additional streets for urban maintenance payments corrections to the road inventory for urban maintenance payments 4. Resolution GRANTING Cox Communications of Hampton Roads, LLC (COX) an extension to the Request for Fonnal Renewal Proposal to February 28, 2006 re cable franchise. - - - -----1 5. Resolution APPOINTING Elizabeth C. Kalocay as Assistant City Attorney. 6. Ordinance to AUTHORIZE acquisition of property, by agreement, for replacement of the existing Presidential Boulevard Pump Station (#517). 7. Ordinance to AUTHORIZE the City Manager to lease property at 4797 East Indian River Road (Stumpy Lake Golf Course) to the Development Authority re advertising a Request for Proposal (RFP) for the long-tenn operation, management and renovation of the golf course. 8. Ordinance to ACCEPT and APPROPRIATE $309,399 from the u.S. Department ofJustice to the FY 2005-2006 operating budget to provide equipment and training for City Responders (EMS, Fire, ComIt) to support the response to and coordination of weapons of mass destruction events. 9. Ordinances re the Department of Housing and Neighborhood Preservation's FY 2005-2006 operating budget: a. APPROPRIATE $360,682 from the Home Program Income to fund non-profit organizations' housing rehabilitation projects to create affordable rental housing or very low-income homeless families, assist additional households to become first-time homeowners and assist current homeowners with reconstruction of their housing b. APPROPRIATE $354,225 from the HUD Community Development Block Grant (CDBG) program income and TRANSFER federal funds of $616,435 to assist homeowners with repairs, provide additional housing for homeless families and individuals and fund various operational improvements. c. ACCEPT and APPROPRIATE $297,565 in U.S. Department of Housing and Urban Development (HUD) Section 8 Housing Choice Voucher revenue to fund rental subsidies for qualifying residents at Morgan Terrace and Ebbetts Plaza Apartments J. PLANNING 1. Application of BULLFROGS and BUTTERFLIES for a Conditional Use Pennit re child care education center at 2844 North Landing Road (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROV AL 2. Application of LISA BARLOW for a Conditional Use Pennit re a home occupation (animal rehabilitator) at 948 Morgan Trail (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROV AL 3. Application of PAMELA J. JOHNSON for a Conditional Use Pennit re a home occupation (daycare) at 3005 Redbud Court (DISTRICT 3 - ROSE HALL) RECOMMENDATION: APPROV AL L. N. Agenda 01/24/2006\gw www.vbgov.com 4. City Zoning Ordinances (CZO) re Historic Kempsville Master Plan: a. ADD Article 20, Sections 2000 through 2004, establishing the Overlay District, boundaries, use regulations and dimensional, density, landscape and buffering requirements b. AMEND and REORDAIN Section 102, re the establishment of districts and official zoning maps c. AMEND and REORDAIN Article 9, Sections 900 through 906, re the legislative intent, use regulations, dimensional requirements, landscape screening and buffering regulations, height regulations, sign regulations, and off-street parking regulations for the B-4K Mixed Use District d. AMEND the Official Zoning Map by the designation and incorporation of the Overlay District e. AMEND the Comprehensive Plan to incorporate the Master Plan RECOMMENDATION: APPROV AL APPO INTMENTS BEACHES and WATERWAYS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA PERSONNEL BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS NEW BUSINESS O. ADJOURNMENT ** * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) *********** I. CITY MANAGER'S BRIEFING - Conference Room - 1:30PM A. 1-264 IMPROVEMENT Horace A. Welch, Transportation Engineer, Sr. Virginia Department of Transportation (VDOT) B. COMPENSATION PLAN Susan Walston, Chief of Staff II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - 4:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION v. FORMAL SESSION - Council Chamber - 6:00 P.M. A. B. C. D. E. F. G. H. CALL TO ORDER - Mayor Meyera E. Oberndorf INVOCATION: Reverend D. P. Staton Police Chaplain PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION MINUTES 1. INFORMAL AND FORMAL SESSIONS January 10, 2006 AGENDA FOR FORMAL SESSION CONSENT AGENDA iRtønlutinu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Infonnation Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in confonnity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. I. RESOL UTI ONS/ORDINANCES 1. Resolution in OPPOSITION to Senate Bill No. 87 and House Bill No. 665 re pennits for the selective pruning of certain vegetation in areas around billboards. (Sponsored by Mayor Meyera E. Oberndorf, Council Lady Reba S. McClanan and Council Lady Rosemary Wilson). 2. Resolution to REFER to the Planning Commission an Ordinance to amend Sections 501, 901 and 1001 of the City Zoning Ordinance (CZO) re prohibiting incompatible uses of Zoning Districts in the clear zone. 3. Resolutions REQUESTING the Virginia Department of Transportation (VDOT) ACCEPT: a. additional streets for urban maintenance payments b. corrections to the road inventory for urban maintenance payments 4. Resolution GRANTING Cox Communications of Hampton Roads, LLC (COX) an extension to the Request for Fonnal Renewal Proposal to February 28, 2006 re cable franchise. 5. Resolution APPOINTING Elizabeth C. Kalocay as Assistant City Attorney. 6. Ordinance to AUTHORIZE acquisition of property, by agreement, for replacement of the existing Presidential Boulevard Pump Station (#517). 7. Ordinance to AUTHORIZE the City Manager to lease property at 4797 East Indian River Road (Stumpy Lake Golf Course) to the Development Authority re advertising a Request for Proposal (RFP) for the long-tenn operation, management and renovation of the golf course. 8. Ordinance to ACCEPT and APPROPRIATE $309,399 from the U.S. Department of Justice to the FY 2005-2006 operating budget to provide equipment and training for City Responders (EMS, Fire, ComIt) to support the response to and coordination of weapons of mass destruction events. 9. Ordinances re the Department of Housing and Neighborhood Preservation's FY 2005-2006 operating budget: a. APPROPRIATE $360,682 from the Home Program Income to fund non-profit organizations' housing rehabilitation projects to create affordable rental housing or very low-income homeless families, assist additional households to become first-time homeowners and assist current homeowners with reconstruction of their housing b. APPROPRIATE $354,225 from the HUD Community Development Block Grant (CDBG) program income and TRANSFER federal funds of $616,435 to assist homeowners with repairs, provide additional housing for homeless families and individuals and fund various operational improvements. c. ACCEPT and APPROPRIATE $297,565 in U.S. Department of Housing and Urban Development (HUD) Section 8 Housing Choice Voucher revenue to fund rental subsidies for qualifying residents at Morgan Terrace and Ebbetts Plaza Apartments CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution in Opposit;onto Senate Bill No. 87 and House Bill No. 665, Pertaining to Permits for the Selective Pruning of Certain Vegetation MEETING DATE: January 24, 2006 . Background: Senate Bill No. 87 and its identical counterpart, House Bill No. 87, have been introduced into the 2006 General Assembly Session. If enacted, the bills would allow VDOT to issue permits, without the City's consent and over the City's objection, for the "selective pruning" of trees and other vegetation that obstructs motorists' view of billboards located on any road within the City that the public uses for purposes of vehicular travel. Mayor Oberndorf and Councilmembers Reba McClanan and Rosemary Wilson have requested that a resolution in opposition to the bills be placed on the City Council agenda. . Considerations: The bills were introduced at the request of the outdoor advertising industry as a reaction to VDOT's denial of permits sought by Adams Outdoor Advertising to cut 67 Crepe Myrtle trees and other vegetation in the median and along Virginia Beach Boulevard last year. The denial was on the basis that the portion of the road on which the billboards were located was not within VDOT's limited jurisdiction over roadways within the City. The proposed legislation would expand VDOT's authority to issue selective pruning permits for billboards located on any street within the City. Had the proposed legislation been in effect last year, it is likely that the permits for the "trimming" of the 67 Crepe Myrtles and other vegetation would have been granted by VDOT. . Public Information: No formal advertising of the Resolution is required. However, the Virginia Municipal League, Scenic Virginia and other groups are aware of the proposed legislation and are actively opposing it. Local groups have also been notified informally that the Resolution will be considered on Council's January 24 agenda. . Recommendations: Adoption of Resolution . Attachments: Resolution Recommended Action: Adoption of Resolution Submitting Department/Agency: City Manager: 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 REQUESTED BY MAYOR MEYERA E. OBERNDORF, COUNCILWOMAN REBA S. McCLANAN AND COUNCILWOMAN ROSEMARY WILSON A RESOLUTION IN OPPOSITION TO SENATE BILL NO. 87 AND HOUSE BILL NO. 665, PERTAINING TO PERMITS FOR THE SELECTIVE PRUNING OF CERTAIN VEGETATION WHEREAS, Senate Bill No. 87 and its identical counterpart, 12 House Bill No. 87, have been introduced into the 2006 General 13 Assembly Session; and 14 WHEREAS, if enacted, the aforesaid bills would allow VDOT 15 to issue permits, without the City's consent and over the City's 16 objection, trees for the "selective pruning" of and other 17 vegetation that obstructs motorists' view of billboards located 18 on any road within the City that the public uses for purposes of 19 vehicular travel; and 20 WHEREAS, VDOT's current authority to issue such permits is 21 limited to billboards that are visible from interstate highways, 22 National System Highway highways and federal-aid primary 23 highways, as the former federal-aid primary highway system 24 existed on June 1, 1991; and WHEREAS, there a significant number of billboards are within the City that are currently not within the jurisdiction of VDOT, but that would be made subject to VDOT's jurisdiction if the proposed legislation is enacted; and 1 44 45 46 47 48 49 50 51 29 WHEREAS, the proposed legislation introduced in was 30 reaction to VDOT's refusal to issue a selective pruning permit 31 application filed by Adams Outdoor Advertising (Adams), in which 32 Adams sought to cut down, to a height of four feet, sixty-seven 33 (67 ) other Crepe Myrtles trees, four (4 ) Zelkova trees and 34 vegetation located in the median and the south side of on 35 Virginia the Beach Boulevard, the basis that on lacked VDOT 36 authority to issue the permit because the portion of Virginia 37 Beach Boulevard which the on trees located is were not an 38 interstate highway, National Highway System highway or federal- 39 aid primary highway, as the former federal-aid primary highway 40 system existed on June I, 1991; and 41 WHEREAS, the legislation punishes those localities, 42 including the City of Virginia Beach, that have spent money to 43 landscape their roadways, business districts, downtown areas and other important locations in order to create a more attractive environment for economic development and tourism; and WHEREAS, the proposed legislation also provides a strong disincentive for localities landscape to such areas so as to improve their appearance and create attractive roadways for the enjoyment of motorists and pedestrians; and WHEREAS, the proposed bills constitute purely special interest legislation, in that they benefit only the outdoor 2 73 74 52 advertising industry to the detriment of the public interest and 53 common good; and 54 the regulation of signs and billboards has been WHEREAS, 55 traditionally considered a matter of local land use traditional 56 left to the discretion and authority of municipal and county 57 governing bodies that are elected by, and directly responsible 58 to, their citizens; and 59 it sense is WHEREAS, the of the Ci ty Council that the 60 proposed legislation represents an unwarranted and unnecessary 61 intrusion a matter into that has heretofore been wi thin the 62 regulatory province of localities; 63 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 64 OF VIRGINIA BEACH, VIRGINIA: 65 That the City Council hereby expresses its opposition to 66 Senate Bill No. 665, and respectfully and House Bill 87 No. 67 requests the General Assembly to decline to enact either bill or 68 any similar or amended legislation of like import. 69 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 70 VIRGINIA BEACH, VIRGINIA: 71 That a the City Clerk is hereby directed transmit to 72 certified copy of this Resolution to each member of the City's General Assembly delegation. 3 75 Adopted by the Council 76 Virginia on the ---- day of APPROVED AS TO LEGAL SUFFICIENCY: CA-9893 OID\Land Use\ordres\SB87res.doc R-2 January 18, 2006 of the 4 City of Virginia Beach, , 2006. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Referring to the Planning Commission an Ordinance to Amend Sections 501, 901 and 1001 of the City Zoning Ordinance by Prohibiting Uses Designated as Incompatible in the Portions of Agricultural, Residential, Apartment, Office, Business, Industrial and PD-H1 Zoning Districts Within the Clear Zone MEETING DATE: January 24,2006 . Background: One of the provisions of the December 20, 2005 ordinance adopting the City's plan for compliance with the BRAC Commission's decision concerning NAS Oceana was that the City Manager and City Attorney were authorized and directed to bring forward, for the City Council's consideration, proposed amendments to the Plan whenever such amendments are necessary or appropriate to accomplish the purposes of the Plan. Although the Plan included an ordinance restricting certain development in APZ- 1, it did not provide for restrictions on development in the Clear Zone (nor does the BRAC Commission's decision require such restrictions). Because of the appropriateness of restricting development in the Clear Zone in the same manner as it is now restricted in APZ-1, this resolution is brought forward for the City Council's consideration. . Considerations: The resolution refers to the Planning Commission, for action at its February 8, 2006 meeting, an ordinance that strictly limits development deemed incompatible in the Clear Zone. The proposed ordinance prohibits any such use in the Clear Zone unless: (1) it is a replacement of the same use or structure; and (2) the replacement use or structure is of equal or lesser density or intensity than the original use or structure. The provisions are identical to those contained in the APZ-1 Ordinance adopted by the City Council on December 20, 2005. . Public Information: No special form of advertisement or public notice is necessary for this resolution. The accompanying ordinance, however, must be the subject of advertised public hearings before both the Planning Commission and the City Council. . Alternatives: The City Council may, if it desires, not adopt this resolution. While the Planning Commission may consider the ordinance even without a resolution, the resolution requires the Commission to hear the matter at its February 8, 2006 meeting and to make its recommendation on the ordinance at that time. If the resolution is adopted it is anticipated that the ordinance will be brought before the City Council on February 14, 2006 . Recommendations: Adoption of resolution . Attachments: Resolution, proposed ordinance Recommended Action: Adoption of resolution J: Submitting Department/Agency: Planning Department N City Manager: ~ k.. ð(3 S>1'\ 1 2 3 4 5 6 7 A RESOLUTION REFERRING TO THE PLANNING COMMISSION AN ORDINANCE TO AMEND SECTIONS 501, 901 AND 1001 OF THE CITY ZONING ORDINANCE BY PROHIBITING USES DESIGNATED AS INCOMPATIBLE IN THE PORTIONS OF RESIDENTIAL, BUSINESS AND INDUSTRIAL ZONING DISTRICTS WITHIN THE CLEAR ZONE 8 the public necessitYr convenience, general WHEREAS, 9 welfare and good zoning practice so require; 10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 11 CITY OF VIRGINIA BEACH, VIRGINIA: 12 That the above-entitled ordinance, a copy of which is 13 hereto attached, is hereby referred to the Planning Commission 14 its consideration recommendation. The Planning and for 15 Commission is directed to consider, and make its recommendation 16 such ordinance at its February 8, 2006 public hearing and on, 17 forthwi th to transmit to the City Council recommendation its 18 thereon. 19 Adopted by the Council of the City of Virginia Beach, 20 day of , 2006. Virginiar on the CA-9885 OID\ordres\refer Clear Zoneordin.res R-1 January 9, 2006 APPROVED AS CY: APPROVED AS TO CONTENT: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO AMEND SECTIONS 501, 901 AND 1001 OF THE CITY ZONING ORDINANCE BY PROHIBITING USES DESIGNATED AS INCOMPATIBLE IN THE PORTIONS OF RESIDENTIAL, BUSINESS AND INDUSTRIAL ZONING DISTRICTS WITHIN THE CLEAR ZONE Sections Amended: CZO §§ SOl, 901 and 1001 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That Sections 501, 901 and 1001 of the City Zoning Ordinance are hereby amended and reordained, to read as follows: Sec. 501. Use regulations [Residential Districts]. . . . . (c) Special restrictions in Accident Potential Zone 1 (APZ- 1) . No use or structure shall be permitted on any property located within Accident Potential Zone 1 (APZ-1) or the Clear Zone unless 25 such use is designated as Compatible in APZ-1 or the Clear Zone, as 26 the case may be, in Table 2 ("Air Installations Compatible Use 27 Zones Land Use Compatibility in Accident Potential Zones") of 28 Section 1804; provided, however, that any use or structure not 29 designated as Compatible shall be permitted as a replacement of the 30 same use or structure if the replacement use or structure is of 31 equal or lesser density or intensity than the original use or 1 32 33 34 35 36 37 38 39 40 41 42 43 44 45 structure. COMMENT The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of Section 1804 in portions of Residential Districts within Clear Zones. The amendment, which has the same effect in Clear Zones as the APZ-l Ordinance adopted on December 20, 2005, allows replacement uses and structures so long as they are of lesser or equal density or intensity as the original use or structure. Sec. 901. Use Regulations [Business Districts]. (a) Principal and conditional uses. The following chart lists those permitted within the B-1 through B-4C Business uses 46 Districts. Those uses and structures in the respective business 47 districts shall be permitted as either principal uses indicated by 48 "P" conditional indicated by "C." and a or as uses a Uses 49 structures indicated "X" shall be prohibited in .the by an 50 respective districts. No uses or structures other than as specified 51 shall be permitted. 52 . . . . 53 (c) Special restrictions in Accident Potential Zone 1 (APZ-l). 54 No use or structure shall be permitted on any property located 55 within Accident Potential Zone 1 (APZ-l) or the Clear Zone unless 56 such use is designated as Compatible in APZ-l or the Clear Zone, as 57 the case may be, in Table 2 ("Air Installations Compatible Use 58 Zones Land Use Compatibility in Accident Potential Zones") of 59 Section 1804; provided, however, that any use or structure not 60 designated as Compatible shall be permitted as a replacement of the 2 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 same use or structure if the replacement use or structure is of equal or lesser density or intensity than the 'original use or structure. COMMENT The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air Installations Compatible Use Zones Land Use Compatibllity in Accident Potential Zones") of Section 1804 in portions of Business Districts within Clear Zones. The amendment, which has the same effect in Clear Zones as the APZ-l Ordinance adopted on December 20, 2005, allows replacement uses and structures so long as they are of lesser or equal density or intensity as the original use or structure. Sec. 1001. Use regulations [Industrial Districts]. (c) Special restrictions in Accident Potential Zone 1 (APZ-l). No use or structure shall be permitted on any property located 81 within Accident Potential Zone 1 (APZ-1) or the Clear Zone unless 82 such use is designated as Compatible in APZ-1 or the Clear Zone, as 83 the case may be, in Table 2 ("Air Installations Compatible Use 84 Land Use Compatibility in Accident of Potential Zones") Zones 85 Section 1804; provided, that any use or structure not howeverr 86 designated as Compatible shall be permitted as a replacement of the 87 same use or structure if the replacement use or structure is of 88 equal or lesser density or intensity than the original use or 89 structure. 90 91 92 93 94 95 COMMENT The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air Installations Compatible Use Zones Land Use Compatibllity in Accident Potential Zones") of Section 1804 in portions oflndustrial Districts within Clear Zones. The amendment, which has the same effect 3 96 97 98 99 100 101 102 103 104 in Clear Zones as the APZ-l Ordinance adopted on December 20, 2005, allows replacement uses and structures so long as they are of lesser or equal density or intensity as the original use or structure. . . . . Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ JJ {~ ¡r¡,~ City Attorney's Office CA-9881 OID\ordres\AICUZ\Clear Zone ordin.doc R-1 January 6, 2005 4 "-- ~""'" r.i\:;o,:- 2- fl" . \'t\ ,t :?;1 ~;,~~ fJj '«:",..........,:">:' ~". ",q CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEMS: (1) (2) A Resolution Requesting the Virginia Department of Transportation to Accept Additional Streets for Urban Maintenance Payments A Resolution Requesting the Virginia Department of Transportation to Accept Corrections to the Road Inventory for Urban Maintenance Payments MEETING DATE: January 24, 2006 . Background: The Virginia Department of Transportation ("V DOT') maintenance funding is conditioned upon City Council submitting to VDOT resolutions for all new streets and for all corrections to the City's road inventory. . Considerations: The first resolution requests the addition of 13.48 lane miles of new streets which will be eligible for urban maintenance funds beginning July 1 , 2006. Of these, .80 lane miles are classified as arterial streets. At the present rate of $14,998 per lane mile, the City will receive $11 ,998.40. The remaining 12.68 lane miles are classified as local/collector streets. At the present rate of $8,805 per lane mile, the City will receive $111,647.40. The combined total for additional urban maintenance funding is $123,645.80. The second resolution reflects an additional net increase of 4.93 lane miles of arterial and local/collector streets in the urban street inventory. This increase is the result of the reconstruction of streets to add, lengthen, and/or replace lanes and the deletion of streets to the street inventory. Of these, 4.16 lane miles are classified as arterial streets that are being added/replaced. At the present rate of $14,998, the city will receive an additional $62,391.68. There are 1.37 lane miles classified as collector/local streets that are being added/replaced. At the present rate of $8,805 per lane mile, the city will receive an additional $12,062.85. There are .60 lane miles of local/collector streets being deleted from the street inventory. At the present rate of $8,805 per lane mile, the city will lose $5,283.00. Local/collector combined, the city will receive an additional $6,779.85. The combined total of arterial and local/collector streets is $69,171.53. Based on the cu rrent VDOT rates, the city will net an increase of $192,817.33 in revenue for urban maintenance funding beginning July 1, 2006, as a result of the above changes. A list of streets is attached. . Public Information: The item will be publicized as part of the City Council's agenda. . Recommendations: Approval . Attachments: Resolutions (2) Form U-1 (street inventory) ("Exhibit A") Recommended Action: Approval § Submitting DepartmentlAge~~y: Public W . City Manager~ ~ ~ 1 2 3 4 5 6 7 A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT ADDITIONAL STREETS FOR URBAN MAINTENANCE PAYMENTS Virginia Department of Transportation the WHEREAS, 8 requires a City Council resolution prior to accepting additional 9 streets for urban maintenance payments; 10 WHEREAS, the (12.68 Local/Collector, .80 13.48 11 Arterial) lane miles of streets listed on Exhibit A (attached) 12 have been constructed in accordance with standards established 13 by the Virginia Department of Transportation; 14 WHEREAS, the City of Virginia Beach has accepted and 15 agreed to maintain these streets; and 16 WHEREAS, a representative from the Virginia Department 17 of Transportation has inspected and approved these streets. 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 19 CITY OF VIRGINIA BEACH, VIRGINIA: 20 That City Council the Virginia hereby requests 21 Department of Transportation listed on the streets to accept 22 Exhibit A, attached hereto and incorporated by reference, and to 23 begin paying urban maintenance payments to the City of Virginia 24 Beach based on the established rate. 25 Adopted by the Council of the City of Virginia Beach, 26 Virginia, on the day of January, 2006. 27 Approved as to Content: Approved as to Legal Sufficiency: ~~fJ:!bJ~ PubllC Works J~¿~Urc City Attorney's fflce CA9891 H:\PA\GG\OrdRes\VDOT Urban Maint. RES R-2 January 13, 2006 1 2 3 4 5 6 7 A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT CORRECTIONS TO THE ROAD INVENTORY FOR URBAN MAINTENANCE PAYMENTS Virginia Department of Transportation WHEREAS, the 8 requires City Council resolution prior accepting to a 9 corrections or deletions to the revised road inventory for urban 10 maintenance payments; 11 WHEREAS, City personnel have reviewed the revised road 12 inventory prepared by the Virginia Department of Transportation 13 and have determined that some inaccuracies exist; 14 corrections the revised inventory road WHEREAS, to 15 have been made as shown on Exhibit A (attached) , which will 16 result in increase of (.77 Local/Collector, 4.16 4.93 a net 17 Arterial) lane miles; and 18 WHEREAS, a representative from the Virginia Department 19 of Transportation has inspected and approved these corrections. 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 21 CITY OF VIRGINIA BEACH, VIRGINIA: 22 That City Council the Virginia hereby requests 23 Department of Transportation to accept the corrections listed on 24 Exhibit A, attached hereto and incorporated by reference, and to 25 begin paying urban maintenance payments to the City of Virginia 26 Beach based on the established rate. 27 Adopted by the Council of the City of Virginia Beach, 28 Virginia, on the Approved as to Content: P ì!i~DA. (1, ~ Publi Works day of January, 2006. Approved as to Legal Sufficiency: CA9890 H:\PA\GG\OrdRes\VDOT Urban Maint. R-2 January 13, 2006 (2) RES F U URBAN DIVISION Page of 11 arm -1 (Rev. 1-1-87) VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia ADDITIONS/REPLACE DELETIONS MUNICIPALITY CITY OF VIRGINIA BEACH LOCAL STREET NAME I -. TERMINI i RJW PAVEMENT CENTER- NUMBER LANE FUNC. WIDTH WIDTH LINE OF MILES CLASS ROUTE NUMBER FROM TO (FEET) (FEET) MILES LANES (T6~L~~E B08 I SUNNYSIDE DR MORGAN TR HUNTS POINTE DR 60 ~_6 - _._._~.39 2 0.78 C05 I BUCKINGHAM CT N WEBLIN DR CUL-DE-SAC 40 0.04 I 2 I 0.08 C05 I BUCKINGHAM CT S WEBLIN DR CUL-DE-SAC I 50. I 40 I 0.04 I 2 I 0.08 C11 I GARNER LA LYM DR 30' W OF ANTONICK LA -1-- - nn. 5_0 3~ n __n__0~~5- __n 2 I 0.30 C11 HEALD WY BIZZONE CI S DEAD END 60 35 0.54 2 I 1.08 D05 BACKWOODS RD MEADOW GROVE TL KINDLEWOOD DR 50. 30 0.26 2 I 0.52 E11 I ADAIR DR I DARDEN DR N CUL-DE-SAC - ----SOu - - -----;0 - - n 0.25- n--- - 2 I 0.50 ~~ I :::: ~~ I ::;;:::ONPK -- :~~::~ RD .:: -n:~~~1 :--n ;~: I =--~- ::: 'COUNCIL RESOLUTION AND MAP ATTACHED SIGNED JJN~IP~ I~?(o~n-- SIGNED_n_n__~_nn_u____._---n_---- .___n___--nn--- RESIDENT ENGINEER DATE Submit to Resident Engineer in Triplicate CLASSIFIED TPD ENGINEER DATE Form U-1 (Rev. 1-1-87) URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of VIrginia Page of 11 ADDITIONS/REPLACE DELETIONS URBAN MINOR ARTERIAL FROM TO MUNICIPALITY CITY OF VIRGINIA BEACH I PAVEMENT l-nF~~C. RIW CENTER- NUMBER LANE WIDTH WIDTH LINE OF MILES CLASS (FEET) (FEET) MILES LANES (TPD USE ONLY) _____n' ,-- 50 30 0.20 2 0.40 - - _n- ____n__.. 0.32 4 1.28 -- ---- -, -,- - n___- - 50 30 0.16 4 0.64 50 23 1.72 4 6.88 II -- __n_- STREET NAME ROUTE NUMBER 107 FAIR LADY RD 110 DRAKESMILE RD J10 LONDON BRIDGE RD TERMINI ELON DR POTTERS RD SHIPPS CORNER RD DAM NECK RD J10 l- LONDON BRIDGE RD 1.72MN INTERNATIONAL PKWY ! INTERNATIONAL PKWY ELON DR 1.72MN INTERNATIONAL PKWY 'COUNCIL RESOLUTION AND MAP ATTACHED SIGNED£jéí~-- - ~rlt?b SIGNED__n___n_n______------- - RESIDENT ENGINEER DATE Submit to Resident Engineer in Triplicate CLASSIFIED BY_TPD ENGINEER DATE Form U-1 (Rev. 1-1-87) Deletions LOCAL STREET NAME MEADOW GROVE TRL GRAYSON RD CULVER LA ROUTE NUMBER FROM I D05 \ BACKWOODS DR D07 L11 MORRIS AV AZTEC CT URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia Page of 11 MUNICIPALITY CITY OF VIRGINIA BEACH TERMINI RIW PAVEMENT CENTER- NUMBER LANE FUNC. WIDTH WIDTH LINE OF MILES CLASS TO (FEET) (FEET) MILES LANES (TPD USE ONLY) KINDLEWOOD LA 50. I 31 1 0.261 21 0.52 CUL-DE-SAC 40. 1 20 I 0.15 CUL-DE-SAC 50 I 301 0.041 21 0.08 'COUNCIL RESOLUTION AND MAP ATTACHED SIGNED Alt. ~ '_v:J_""C'yruV_-- jJ3 ~b- MUNICI~~;;-(êiA"L-"'-- DATe Submit to Resident Engineer in Triplicate SIGNED_. u_m.__._..----' RESIDENT ENGINEER DATE CLASSIFIED TPD ENGINEER DATE Form U-1 (Rev. H-87) DeletionsfTo be replaced LOCAL STREET NAME ROUTE NUMBER B08 SUNNYSIDE DR C05 BUCKINGHAM CT N C11 GARNER LA C11 GARNER LA C11 HEALD WY C11 HEALD WY C11 HEALD WY C11 HEALD WY D05 I BACKWOODS RD E11 I ADAIR DR 107 LONDON BRIDGE RD 107 LONDON BRIDGE RD URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia MORGAN TR WEBLIN DR 110' W OF LYM DR L YM DR TERMINI FROM TO DEAD END WEBLIN DR 30' W OF ANTONICK LA 110'W OF LYM DR 99' N OF L YM DR (PHASE LlNE-PH3. SEC1) BIZZONE CI 113' S OF LYM DR S DEAD END PHASE LINE E DEAD END S DEAD END PHASE LINE END OF CONST KINDLEWOOD DR I DARDEN DR -I- POTTERS RD I~OTTERSRD CUL-DE-SAC GREAT NECK RD GREAT NECK RD 'COUNCIL RESOLUTION AND MAP ATTACHED SIGNED~N{lip~. ~ Jrz/O6 Submit to Resident Engineer in Triplicate MUNICIPALITY - I RIW PAVEMENT WIDTH WIDTH (FEET) (FEET) 50 50 50 60 60 50 50 50 50 Page of 11 CITY OF VIRGINIA BEACH .... -. CENTER- LINE MILES 37 0.34 20 0.09 30 0.13 50 0.02 30 0.04 35 0.50 30 0.15 30 0.13 30 0.24 30 0.07 16 0.19 30 0.19 SIGNED- RESIDENT ENGINEER NUMBER OF LANES CLASSIFIED BY-TPD-.ENGINEER LANE MILES I. FUNC. CLASS (TPD USE ONLY) 2 0.68 2 2 2 2 2 2 2 2 2 2 DATE DATE 0.09 0.26 0.041 I 0.08 1.00 0.30 0.26 0.48 0.14 0.38 0.38 Form U-1 (Rev. 1-1-87) URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia Page of 11 Deletionsrro be replaced LOCAL MUNICIPALITY CITY OF VIRGINIA BEACH ~ - - - - u- -- CREW CT 50 30 0.11 ____un, , , NUMBER LANE FUNC. I OF MILES CLASS LANES (TPD USE ONLY) 2 0.22 2 0.14 I Ii J05 GAL YPSO LA L11 HAVILLAND DR ROUTE NUMBER OLD CUTLER RD DAVINCI DR FROM TO R/W WIDTH (FEET) PAVEMENT WIDTH (FEET) CENTER- LINE MILES STREET NAME TERMINI DAVINCI DR ------,--. 50 I 30 0.07 .COUNCIL RESOLUTION AND MAP ATTACHED SIGNED_~llL~IVJ..J:)Mr n.1/i~!~6 MUNICIPALõFF!ê¡'Ãl "'om- - DAfl SIGNEQ__~~._-- -~ RESIDENT ENGINEER DATE Submit to Resident Engineer in Triplicate CLASSIFIED BY-TP-OENGINÉ-ER DATE Form U-1 (Rev. 1-1-87) URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia Page of 11 Deletions/To be replaced URBAN MINOR ARTERIAL MUNICIPALITY CITY OF VIRGINIA BEACH 110 LONDON BRIDGE RD EXT LONDON BRIDGE RD ROUTE NUMBER STREET NAME TERMINI RfW PAVEMENT CENTER- NUMBER LANE FUNC. WIDTH WIDTH LINE OF MILES CLASS FROM TO (FEET) (FEET) MILES LANES (TPD USE ONLY) SHIPPS CORNER RD DAM NECK RD I 0.321 41 1.28 1.72MN INTERNATIONAL POTTERS RD 50. I 30 I 0.161 21 0.32 PKWY INTERNATIONAL PKWY 1.72MN INTERNATIONAL PKWY I 50. 231 1.72 I 21 3.44 J10 J10 LONDON BRIDGE RD 'COUNCIL RESOLUTION AND MAP ATTACHED SIGNED!uN~P~ l~3~b~ %iT{Ç SIGNED~_____--~~- - RESIDENT ENGINEER DATE Submit to Resident Engineer in Triplicate CLASSIFIED TPD ENGINEER DATE Form U-1 (Rev. H-87) New Street lOCAL B08 CARDAMON DR B11 B11 B11 C05 C11 C11 C11 E11 F02 FO? F08 STREET NAME ROUTE NUMBER BARKIE CT CORBIN DR KEMPSVillE CROSSING lN .. - ADMISSIONS CT ANTONICK lA l YM DR SilVERIA ST Fl YFISHER CT LAUDERDALE A V BUDDING AV S BROOKSIDE CT URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia TERMINI FROM SUNNYSIDE DR CORBIN DR KEMPSVillE RD KEMPSVillE RD S CUL-DE-SAC l YM DR HEALD WAY AVERYWY INDIAN RIVER RD MORTONS RD INVERNESS RD BROOKSIDE LA TO HUNTS POINTE DR N CUL-DE-SAC BLADE CT CUl DE SAC HERBERT MOORE RD W DEAD END END OF CONSTRUCTION S DEAD END CUL-DE-SAC E DEAD END BONNEY RD CUL-DE-SAC .COUNCll RESOLUTION AND MAP ATTACHED SIGNED /J/), ~'_JL]'A^ÎAu-r - ¡J¿3b6 MUNICIP~~bY:(-K...... DAft Submit to Resident Engineer in Triplicate RfW WIDTH (FEET) MUNICIPALITY PAVEMENT WIDTH (FEET) 50 50 50 60 36'2" Page of 11 CITY OF VIRGINIA BEACH CENTER- LINE MilES NUMBER OF LANES 2 50 60 50 50 50 50 30 0.16 31 0.03 31 0.04 0.29 0.06 25 0.01 25 0.54 30 0.02 25 0.10 22 0.04 30 0.15 30 0.05 SIGNED RESIDENT ENGINEER CLASSIFIED BY-TPDENGINEER lANE MilES 2 2 2 2 2 2 2 2 2 2 2 DATE DATE FUNG. GLASS (TPD USE ONLY) 0.32 0.06 0.08 0.58 0.12 0.02 1.08 0.04 0.20 0.08 0.30 0.10 ) Fonn U-1 (Rev. 1-1-87) New Street LOCAL STREET NAME ROUTE NUMBER F11 BUCKHORN CT F12 BOYSENBERRY CT F12 CRANBERRY CT F12 \ DEWBERRY LA F12 SPICEBERRY CT F12 TEABERRY CT G04 MATOAKA PLACE H04 WATERSEDGE CT H13 BACH LA H13 EINSTEIN DR , H13 HEMINGWAY RD H13 HEMINGWAY RD URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia i I i-BUCKHORN PL TERMINI RfW WIDTH (FEET) FROM TO CUL-DE-SAC DEWBERRY LA (NB) W CUL-DE-SAC DEWBERRY LA (NB) W CUL-DE-SAC ¡CUL-DE-SAC i j- -- --- ! DEWBERRY LA (NB) INDIAN RIVER RD W CUL-DE-SAC DEWBERRY LA (NB) E CUL-DE-SAC - --------------- LITTLE NECK RD -- ---- ---------- WATERSEDGE DR EINSTEIN DR E CUL-DE-SAC E CUL-DE-SAC HEMINGWAY RD I- I END OF CUL-DE-SAC EINSTEIN DR CADENCE WY EISNTEIN DR EINSTEIN DR EINSTEIN DR 'COUNCIL RESOLUTION AND MAP ATTACHED SIGNED -~- Il, fhul '" j. &;.1[- ;/¡ ~ lob MUNICIP~~-- DA¥€(, Submit to Resident Engineer in Triplicate MUNICIPALITY PAVEMENT WIDTH (FEET) 50 50 50 50 50 40 50 50' 50' 60 50' Page of 11 CITY OF VIRGINIA BEACH CENTER- LINE MILES 0.03 26 0.10 26 0.07 26 0.27 26 0.02 26 0.03 30 0.09 25 0.07 24 0.07 24 0.92 44 0.03 24 0.14 SIGNED- RESIDENT ENGINEER CLASSIFIED TPD ENGINEER NUMBER OF LANES LANE MILES 2 2 2 2 2 2 2 2 2 2 2 2 DATE DATE 0.06 0.18 0.14 0.14 1.84 0.06 0.28 FUNC. CLASS (TPD USE ONLY) 0.06 0.20 0.14 0.54 0.04 Form U-1 (Rev. 1-1-87) New Street LOCAL STREET NAME ROUTE NUMBER H13 STEPHENSON CT H21 MANSFIELD LA 113 I BLAKE ST I LONGWORTH CT I 113 113 STEINBECK CT 114 STONE WOOD CROSSING STONEWOOD DR 114 J12 CABOT CT J12 FENWICK WY J12 FENWICK WY J12 KNOX CT J12 \ PIERCE LA URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia TERMINI ~ -- EINSTEIN DR BLACKWATER RD EINSTEIN DR FROM TO END OF CUL-DE-SAC W CUL DE SAC EINSTEIN DR EINSTEIN DR EINSTEIN DR STONEWOOD DR END OF CUL-DE-SAC END OF CUL-DE-SAC STONEWOOD DR 330' NORTH OF INDIAN PLANTATION DR FENWICK WY PRINCESS ANNE RD RAYBURN LA FENWICK WAY S DEAD END DEAD END AT CUL-DE-SAC S CUL-DE-SAC RAYBURN LN E CUL-DE-SAC E CUL-DE-SAC W CUL DE SAC 'COUNCIL RESOLUTION AND MAP ATTACHED SIGNED_P,-HL.IL"ð~ 1~ ~ ~~-;)¿ _:l!Pþ MUNICIP~XL DAi{'" Submit to Resident Engineer in Triplicate MUNICIPALITY Page CITY OF VIRGINIA BEACH 0.03 NUMBER OF LANES 2 RIW WIDTH (FEET) PAVEMEN~ II CENTER- WIDTH LINE (FEET) MILES 50' 60 50' 50' I 50' 50' i 50' 50 50 50' 50 50 24 26 24 24 24 24 24 30 30 30 30 30 0.74 0.12 0.12 0.03 0.06 0.49 0.11 0.20 0.20 0.06 0.07 SIGNED____------- -- -- - RESIDENT ENGINEER CLASSIFIED BY TPO-ËNGiNEER of 11 ~~L~~--II-~;~S-1 (TPO USE ONLY) 2 2 2 2 -- ------------ 2 2 2 2 2 2 I 0.12 I -21~- __0.14 DATE DATE 0.06 1.48 0.24 0.24 0.06 0.12 0.98 0.22 n! 0.40 0.40 Form U-1 (Rev. 1-1-87) New Street LOCAL J12 RAYBURN LA ALBUQUERQUE DR STREET NAME ROUTE NUMBER M12 M12 CHAMBERINO DR M12 In DASA LEO CT M12 RIO RANCHO DR M12 VALLE RIO WY FENWICK WY NIMMO PK S CUL-DE-SAC ALBUQUERQUE DR CHAMBERINO DR W CUL-DE-SAC FROM 'COUNCIL RESOLUTION AND MAP ATTACHED SIGNED !1ltrp~- Submit to Resident Engineer in Triplicate URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia TERMINI TO PIERCE LA RIO RANCHO DR N CUL-DE-SAC W CUL-DE-SAC W CUL-DE-SAC E DEAD END d~bt. - DA~l- MUNICIPALITY RJW WIDTH (FEET) PAVEMENT WIDTH (FEET) 50 50 50 50 50 50 Page CITY OF VIRGINIA BEACH CENTER- LINE MILES 30 0.08 30 0.17 30 0.18 30 0.06 30 0.16 30 0.13 SIGNED- _n__n - RESIDENT ENGINEER CLASSIFIED TPD ENGINEER NUMBER OF LANES 21 2l---_n --~2Í 2 2 2 LANE MILES DATE 0.16 0.34 0.3611 0.12 0.32 0.26 DATE of 11 FUNC. CLASS (TPD USE ONLY) n~ of 11 Page URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia Form U-1 (Rev. 1-1-87) New Street URBAN MINOR ARTERIAL CITY OF VIRGINIA BEACH MUNICIPALITY ELON DR FUNC. CLASS (TPD USE ONLY) STREET NAME CENTER- LINE MILES NUMBER OF LANES LANE MILES TERMINI PAVEMENT WIDTH (FEET) RfW WIDTH (FEET) ROUTE NUMBER FROM TO 107 l LONDON BRIDGE RD 0.20 4 0.80 POTTERS RD I _L 'COUNCIL RESOLUTION AND MAP ATTACHED SIGNED P,/t, ft."~"-'~ f)~ -r..--_-JÁ3-1a6 . MUNICIP~~~- iíT~ SIGNED_m~- - RESIDENT ENGINEER DATE Submit to Resident Engineer in Triplicate CLASSIFIED BY-TPD-ENGINEER DATE fi ~ ~ fi! f!! ~ :z: a: c W ....I « (/J g /J.J Q ..;; !¡; 0: Q 88 0 c 0 ~ c w a: Add/Replace Streets (Urban Minor Arterial) Add/Replace Streets (Local) A9 89 .~ ~ ~ co, ~ () ~ N A ~ c¿ -z. ~ Add/Replace Str~ts (Urban Minor Artenal) Add/Replace Streets (Local) :~ "J^ J '-4 7 /r~{'@~ II \J \~ v ~ \\ '1~\~ \\ <to cr$~ \~ ~(\ \'% '?<1, ~ ~q,'V \ ç<fq; ~ N A 81.~/u- ¡ ~ c., / \,J ~ ~ ~ ~<., ~ {/j) 0.1 ~~ \\A r\ \\ 1\ '\ \ \\ \...J \\ \\ \~'~~ , \ \ '\ '----., 1 ,--J 0 II ~ ~ \\ cr/! ¡{ \\ \~~~ ~~.~\ §¡ I i ¡r----::=::, r---\ ~ ~ ~~I / i \ (,II \ \ \ f I, i\1S (0. , I\....)'. \ ~ "-..I~ :~ \ I' \\~~ \r \~ \ \- J I \~ ,\ \~ ~,\~ \\ )1 '-.J \\' \~ II Add/Replace Streets (Urban Minor Arterial) AddlReplace Streets (LocaO Md~~( ~~t,,< JUSTIN CT N A Add/Replace Streets (Urban Minor Arterial) Add/Replace Streets (LocaQ ~~~~¡ .~~".> .., Add/Replace Streets (Urban Minor Arterial) Add/Replace Streets (Local) S"'.~.1 N A s Ii! >- Q 5, 9; it Q cr ð ~ I- ù5 g Add/Replace Streets (Urban Minor Arterial) Add/Replace Streets (LocaO ~~~ . , "- . ' ,,', ' ~~~".;:.", DeCember 2005' .' , ß.qYNl: ~ '::t. ~ ~ (:) 0 ~ Add/Replace Streets (Urban Minor Arterial) Add/Replace Streets (Local) ~~~~; , ',' " ~r~~:'."~;".." , DeCember'2005 ,,' ," \~ j ~SU~ N #A M11 AdcllReplaœ Streets (Urban Minor Arterial) AdcllReplaœ Streets (Local) t~ . - -.".' .- N A H10 110 Add/Replace Streets (Urban Minor Arterial) Add/Replace Streets (Local) ~¡ . -~~~:~~ . .DeCei1\ber~...: .... . I ~H" .-" \t \~ ~ 0 O'(AL~vENCR ~ ~ N A J7 BUllOCK Tl . R- ~CTION RD If \rø='a\}~\"f{ c1 ~~ ~ \\1; \\~ r ""-~ ~ 11'.. §; } ~. " \~ ,'... \ '."'.' '~ ,Z ßIANCE-@ ~ ~iC:J Ui'~ \'t! ~ 18 J8 CHEKER DR BO~ND P ÌI ~ ~ECISION DR = ,,- \0 \ã \~ '", ~ G> iTtl ;.~ ~O ~ r ~ ~ I lIWAN VERNON DR Add/Replace Streets - (Urban Minor Arterial) Add/Replace Streets - (Local) . VDOT Street Report . Add~eplacernentS of Deletions :;cCityÓfVlÌginia~ch; . .>. DepalÚ1\ent of PublicWorIcs . '. 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Department otPubfIC.WorI<s DeCember 2005 II ~~< \\~,~' ~ ;;;;;;;:::---- \\ "\ -0 \ $:P \w \~ \~ ç RC~ ~~ CO"""€ ..-re:RS 0 pO"~ ,( I' II Ii ,I \l \\ II R~ ~\\ ~'\\ I' II \, II \\Ø \~ ,oND~ ~ ~\\8 \~ \\ I \~ \ 1\ II \\ ,\ II ,\ wo\y ST II :\ i' i,\ " iÎ J7 \~ \~ !~ ,10 'I \\ Ii Ii i' \\ II '1\ i\ II \' \\ II I', " \, II II \\. I', " \ \ II II II - New Street (Urban Minor Art) VDOT$treefRept)rt. ':" , NeW, UJbariMinor Arteôár~èets . city of Virginia .Beach Department of PUblic Worl<s Decembêr2005 , / , ¡ \. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Granting Cox Communications of Hampton Roads, LLC An Extension to Respond to the City's Request for Formal Renewal Proposal Regarding the City's Cable Franchise MEETING DATE: January 24, 2006 . Background: The City's cable franchise agreement with Cox Communications of Hampton Roads, LLC ("Cox") expires in May 2006. In an effort to obtain a favorable renewal agreement, staff recommended to Council on November 8, 2005 that the City proceed in its negotiations with Cox pursuant to the formal renewal process set forth in the Cable Act. A resolution was adopted by Council on November 22, 2005 authorizing the City Manager to issue a Request for Formal Renewal Proposal to Cox. The deadline for Cox to issue a response to the Request for Formal Renewal Proposal is January 23, 2006. . Considerations: Cox has requested that the said deadline be extended by the City. This resolution will extend the deadline for Cox to respond to the City's Request for Formal Renewal Proposal to February 28, 2006. . Public Information: To be advertised in the same manner as other items on Council's agenda. . Alternatives: No extension or a ninety (90) day extension. . Recommendation: Adoption of Resolution . Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department! Agency: ComlT City Manager: ~ t~ ~ 1 2 3 4 5 6 7 WHEREAS, 8 Council authorized A RESOLUTION GRANTING COX COMMUNICATIONS OF HAMPTON ROADS, LLC AN EXTENSION TO RESPOND TO THE CITY'S REQUEST FOR FORMAL RENEWAL PROPOSAL REGARDING THE CITY'S CABLE FRANCHISE by resolution City November dated 22, 2005, the City a Request for issue Manager to 9 Formal Renewal Proposal to Cox Communications of Hampton Roads, 10 LLC ("Cox") regarding the City's cable franchise with Cox; and 11 WHEREAS, 12 in 47 U.S.C. 13 issue must 14 Proposal; and pursuant to the formal renewal process set forth §546, the City may establish a date by which Cox a to the for Formal Renewal Request response 15 WHEREAS, the existing deadline for Cox to issue a response 16 is January 23, 2006; and 17 WHEREAS, Cox has that said be deadline the requested 18 extended by the City; 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH: 21 That City hereby extends the deadline for Cox to respond to 22 the City's Request for Formal Renewal Proposal to February 28, 23 2006. 24 Adopted by the City Council of Virginia Beach, Virginia on 25 this day of , 2006. APPROVED AS TO CONTENTS: ~~~ H:\PA\GG\OrdRes\Cox Amendment res R-2 January 13, 2006 C,A <1 S 8CJ APPROVED AS TO LEGAL SUFFICIENCY: A_f~ City Attorney Offlce CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Appointing Elizabeth C. Kalocay as an Assistant City Attorney MEETING DATE: JanÜary 24,2006 . Background: On November 22, 2005, City Council adopted an ordinance that established an additional full-time attorney position in the City Attorney's FY 2005-06 Operating Budget. The position was added in response to significantly increased demand for attorney services by the Department of Human Services Child Protective Services Program and Adult Protective Services Program. Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." . Considerations: The proposed appointment of Elizabeth C. Kalocay will fill the position established by City Council to provide additional attorney services to the Department of Human Services. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City AttorfiY'Ý~ ~ City Manager: "-j ..--- 1 2 A RESOLUTION APPOINTING ELIZABETH KALOCAY AS AN ASSISTANT CITY ATTORNEY C. 3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 That, pursuant to § 2-166 of the Code of the City of Virginia 6 Beach, Elizabeth C. Kalocay is hereby appointed as Assistant City 7 Attorney, effective February 1, 2006. 8 Adopted by Council City of Virginia the of the Beach, 9 Virginia, on the day of , 2006. APPROVED AS TO LEGAL SUFFICIENCY: ;E:~ City Attorne~fice CA9892 H:\GG\Ordres\Kalocay.Appointment.Res.doc R-1 January 12, 2006 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Acquisition of a new sanitary sewer pump station site for the replacement of the existing Presidential Boulevard Pump Station #517 MEETING DATE: January 24, 2006 . Background: The existing pump station is 34 years old and has capacity and structural deficiencies beyond renovation, requiring replacement. City of Virginia Beach Public Schools owns the preferred pump station location, which is located in the corner of the Windsor Oaks Elementary School site. . Considerations: Several meetings have taken place between City of Virginia Beach Public Schools and Public Utilities to coordinate the acquisition of the new pump station site. If City Council approves this ordinance, the acquisition of the pump station site will be presented to the School Board for its approval. . Public Information: A project presentation was made at the Princess Anne Civic League meeting on November 8, 2005. The presentation explained the purpose of the project, location and schedule. Flyers were hand delivered to residents living adjacent to the project. Also, an article about the project was published in the November edition of the Princess Anne Plaza Civic League monthly newsletter. . Alternatives: The other feasible alternative would be to buy a house adjacent to the existing pump station and demolish the house. This alternative would cost approximately $125,000 more. . Recommendations: Staff recommends the City Council approve the attached ordinance, which authorizes the City to acquire by agreement, all land necessary for the construction of the new sanitary sewer pump station. Funding will come from CIP project 6-066 Pump Station Modifications, Phase IV. . Attachments: Ordinance and plat for pump station site. Recommended Action: Approve ordinance - J~ ~ Submitting Department/Agency: Public Utilities 4 m 4Cl4' í :If[. City Manager~ t .~!YJt 1 2 3 4 5 6 7 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR THE PRESIDENTIAL BOULEVARD PUMP STATION SITE, BY AGREEMENT, FOR THE FOLLOWING SANITARY SEWER PROJECT, PUMP STATION #517 6-066 Presidential Boulevard Pump Station 8 WHEREAS, in the opinion of the Council of the City of Virginia 9 Beach, Virginia, a public necessity exists for the construction of 10 this important water and sanitary sewer project to provide needed 11 improvements to the City's water and sanitary sewer systems and for 12 other public purposes including the preservation of the safety, 13 healthr comfort, and convenience, and for the general welfare of 14 the people in the City of Virginia Beach: 15 NOWr THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 1. That the City Council finds there is a public necessity 18 for this sanitary sewer project, and authorizes the acquisition by 19 agreement pursuant to Section 15.2-1800, Code of Virginia, 1950, as 20 amended, of all that certain real property in fee simple, including 21 temporary and permanent easements and rights-of-way (collectively, 22 the "Property") as may be necessary to construct the project and as 23 is shown on the plans for the project, and as is more specifically 24 described on the acquisition plat for the project (collectively, 25 the "Plans"), and the Plans file in Engineering the are on 26 Division, Department of Public Utilities, City of Virginia Beach, 27 Virginia. Such acquisition will be made only after compliance with 28 Administrative Directive "Public for Public 3.14 for Input 29 Infrastructure Projects Undertaken in the City." 30 2. That the City Manager is hereby authorized to make or 31 cause to be made on behalf of the City of Virginia Beach, to the 32 extent that funds are available, a reasonable offer to the owners 33 or persons having an interest in the Property. 34 Adopted by the Council of the City of Virginia Beach, 35 Virginia, on the day of , 2006. APPROVED AS SUFÆ'ICIENC /'iI, I 'j! CA9827 F:\Data\ATY\OID\REAL ESTATE\Encroachments\PU Ordinances\Presidential Pump Station\PresidentialCA9827.v2doc.doc R-2 January 12, 2006 ...-. ...--- EX/YTING llllPOlW/Y Pt/O/JC vmnr PWP SfATION RfS1OIMl PAllCll AfIfA CONSfHIICfION £AS/.1IfNf CASCI/lNf IW1ClJ. TO PAIIC£L AfIfA TO 8( ACOIIII/£() fO8(~ NACOI/If/£D 65J.iOI1SfJ.n: tUl8 Sf). n: JSI SfJ.n: 5.612 SO, Ff. flU58 SO, Ff. 15.0lIO AC/ICS M'J ACR£S QQ7'~. 'iMr< 1<870 A£I1rS ARêA TASLF: [~-.-'l CURVE: TABLE: AIIC I[I/(/TH -¡¡;¡-. 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CITY OF 'VIRCINl~AJk¡CI/ PfJ8/JC saiooLs APPRO!ÆO.. çlllt ~r C. ~S'" GATE: IfJ'7.f1S OIRec OF PUBLIC HO'IKs. CITY OF VlRCINlA 8£ACH. VlRClNIA APPRr:-t. ié~ ~~~ðv1"""" , "'oAJCd.~"""O~ )J~ E:CrOR Of' PU8t./C llll£s. TY OF IfNG//IIA NACH. - NCVlSEti; itA/Kit " ~ peR ClIY COWfNTS II .11 8/1 ~ GHAPHIC SCAt[ 12a 160 reer SHE:ELL 1JI-'_.1. J 1,0, 04211O2-A Ac40 011\7: Nits::fiS-:::jiiAf ), ,... t ~':. -: \<,. tP ~ ".'" ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Request for the City of Virginia Beach to lease the Stumpy Lake Golf Course property to the Virginia Beach Development Authority (VBDA) for the purpose of the VBDA initiating a Request For Proposal (RFP) process for the long-term operation, management and renovation of the course. MEETING DATE: January 24,2006 . Background: The City acquired the Stumpy Lake property (1,400 acres) in June 2001 through the settlement of a condemnation action with the City of Norfolk. The size of the golf course parcel is approximately 300.24 acres, of which 296 acres is under lease with Stumpy Lake Golf Course, Incorporated for the management and operation of the parcel as a public golf facility. The current golf course management lease will expire at the end of September 2006. In January 2005, a policy report recommended that a long-term lease be entered into for the management and renovation of Stumpy Lake Golf Course. Various altematives were identified and City Council directed staff to work with the VBDA to select a firm to undertake the renovation and long-term management of the course through an RFP process. . Considerations: The City has entered into two public-private partnerships for golf courses (Heron Ridge and TPC) using the VBDA. Both agreements addressed the construction and management of the courses and require yearly lease payments to the City. The Stumpy Lake Golf Course is in need of renovations to remain competitive within the golf market. The projected cost for improvements to the course infrastructure exceed $4 million. . Alternatives: (1) Proceed with approval of the lease of the golf course property to the VBDA for the purpose of its undertaking an RFP process to select a firm to renovate the course and manage it. (2) Defer the long-term lease and undertake another five-year lease agreement. (3) Have the City undertake the management and renovation of the golf course property. . Recommendations: Approve the ordinance to lease the golf course property to the VBDA and to request the VBDA advertise an RFP for a public-private partnership and negotiate terms for the renovation and long-term management and operation of Stumpy Lake Golf Course. . Attachments: Ordinance Map Summary of Terms Recommended Action: Submitting DepartmenllAgen~ Deparbnent of Parks and Recreation ~ City Manager: ~ . ~()(I-( H:\OID\REAL EST A TE\LEASES\STUMPY LAKE\Agenda Request VBDA Jan06l.doc 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO LEASE CITY PROPERTY LOCATED AT 4797 EAST INDIAN RIVER ROAD, VIRGINIA BEACH, VIRGINIA (STUMPY LAKE GOLF COURSE) TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, the City owns approximately 296.03 acres of 11 real property located at 4797 East Indian River Road, 12 Virginia Beach, Virginia, also known as Stumpy Lake Golf 13 Course and as shown on Exhibit A ("the Property"); 14 WHEREAS, the Property is currently being leased to 15 Stumpy Lake Golf Course, Incorporated for the management 16 and operation of the Property as a public golf facility, 17 which lease will expire on September 30, 2006; 18 WHEREAS, the City desires to lease the Property to the 19 Virginia Beach Development Authority for the purpose of 20 initiating a Request for Proposal (RFP) process for the 21 long-term leaser management, and renovation of the 22 Property; and 23 WHEREAS, the long-term management and renovation of 24 the Property will serve to enhance the economic interests 25 of the citizens of the City of Virginia Beach. 26 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 27 CITY OF VIRGINIA BEACH, VIRGINIA: 28 That the City Manager is hereby authorized on behalf 29 of the City of Virginia Beach to enter into a lease with 30 the Virginia Beach Development Authority for approximately 31 296.03 acres of real property located at 4797 East Indian 32 River Road, Virginia Beach, Virginia, known as Stumpy Lake 33 Golf Course in accordance with the Summary of Terms 34 attached hereto and such other terms, conditions, or 35 modifications as may be satisfactory to the City Attorney 36 and the City Manager. 37 Adopted by the Council of the City of Virginia Beach, 38 Virginia, on the day of January 2006. CA-9831 H:IOIDIREAL ESTATEILEASESISTUMPY LAIŒ\Stumpy Lake Leose Ordin.doc R-l January 3, 2006 APPROVED AS TO CONTENT: Depar Recrea APPROVED AS TO LEGAL SUFFICIENCY: Cit Exhibit A ~ LLJ ¡....'" ~c:o '" '" ......<:::: !<~ z'" õ"': ~O 8-< uZ ...... LLJ' zZ ~2 ~¡; ~::> "'° . '" ~ LEGEND . PIN (F) CORNER NOT SET STUMPY lAKE + L41 L37 0 ..., ...J ,. ~ , (- \ ;1 \ I " \ I I 'I II \] II I I / I \ I ~ \, , I \' \I ,', I: -- " "... I] I~)' ~' ---.... II \ " --- ,"\\ '" --'.:J , ' "(~;>' " ", ("'6' ~ ~ -:::-:.:: - LZS NOTE: 1. MERIDIAN SOURCE IS BAS£D ON VA. STATE PlANf COORDINATE SYSTEM, SOUTH ZONE, NAD 1983'86. COORD1NATES SHOWN ARE EXPRESSED IN INTERNATIONAL FEET (ONE FOOT EQUAl 0.3048 MET!'P.S). . 2. TOPOGRAPHIC FEATURES SHOWN HEREON ARE REFERENCED FROM THE CI1Y OF VIRGINIA BEACH CENTER FOR GIS. LINE DATA CHART R DIRECTION DISTANC! 5 23'53'38 E 30.57' 577'13'08" W 1278.42' 502'37'13" E 302.20' S 74.36' 45" W 30.72' N 02.37'13. W 307;50' N 77'13'08" E 1272.53' N 74'38'45" E 207.~1' 5 10'0<1 07" E 283.31' 5 17.5545" E 390.17' 5 30.10 48".E 682.61' S 30'36'37" E 1356.28' 563'41'19" E 208.17' 541"23'43" E 363.27' 509"3.4 41" E 11>7.51>' S 53"07'00" E 128.71' 5 46"45' 47" E 538.76' 5 12"09'51" W 111.95' S 15"22'38" E 420.60' 504'20'17" E 482.02' 559'30'47" W244.61' N 56.25'19" W 764.09' N 84'43 21" W 388.36' N 73.13'24" W 58.2.56' 576.01'59" W 1097.39' 579'14'00" W 732.78' N 4~"23'10" W 71>8.05' 520'41'14" W 143.15' N 84.03'03" W 143.56' N 11"34'12" W 756.41' N 02.O9'37".E 473.53' N 41.05'13" E 185.57' N '09.49'11>" E 540.64' N 04'30'54" W 113.44' N 20.32 51" E 127.13' N 22.50'34" W 452.11~ N 13.35'13" W 747.07' N 06"35'35" E 110.09' N 61"51'57" E 97.83' N 00"50'37" W 101.19' N 74"30'33" E 456.86' N 83"21> 42" E 443.16' N 80"05'04" E 406.17' N 66"07'32" E 268.37' N 52"25'38" E 44.65' 5 19.11'42" E 171.79' N 74"38'45" E 378.20' N 74.38'45" E 616.83' STUMPY LAKE .' CURV'E DATA CHART NUMBER RAOIUS ARC LENGTHOELTA AtoiGlE CHORO OIRECTION CHORD LENGTH TANG£toIT .... 53.0C 76.45 82.39'00" N 35"53'3.9" E 69.99 46.60 ë2 23.00 33.18 82"39'00" S 35"53'39" II .30.38 20.22 SÇAlE 1" = 700' I' 700' I 1400' 0' EXHIBIT SHOWING STUMPY tAKE GOLF COURSE LEASE PROPERlY FOR STUMPY LAKE GOLF COURSE VIRGINIA BEACH, VIRGINIA II SURVEY BUREAU. ENGINEERING OMS10N DEPARTMENT OF PUBliC WORKS. cm OF VIRGNtA BEACH, VlRGNIA II DATE: JUNE 23, 2005 ~ iSC~E: 1" = 7aO' I ~WN BY: DtWII FlaÐ BOOK: F as !IFIlE: ~1 68 SUMMARY OF TERMS LEASE FOR THE USE OF APPROXIMATELY 296 ACRES OF CITY REAL PROPERTY LOCATED AT 4797 EAST INDIAN RIVER ROAD, ALSO KNOWN AS STUMPY LAKE GOLF COURSE LESSOR: LESSEE: PREMISES: TERM: RENT: PURPOSE: City of Virginia Beach Virginia Beach Development Authority (VBDA) Approximately 296 acres of City property located at 4797 East Indian River Road in the City of Virginia Beach Twenty-Five Years Annual payments equal to all rent or other sums received by the VBDA under the Sublease This lease is being entered into for the purpose of the VBDA initiating a Request For Proposal (RFP) process for the long-term operation, management and renovation of the course. The VBDA shall advertise a Request for Proposal (RFP), review and negotiate the best terms for the operation, renovation, and management of the Stumpy Lake Golf Course under a lease term not to exceed twenty-five (25) years. H :\OID\REAL EST A TE\LEASES\STUMPY LAKE\sUMMARY OF TERMS.doc CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $390,399 from the U.S. Department of Justice to the FY 2005-06 Operating Budget to Provide Equipment and Training for City Responders MEETING DATE: January 24, 2006 . Background: The U.S. Department of Justice provides pass-through funding through the Virginia Department of Emergency Management to localities to support equipment needs related to preparedness and response to weapons of mass destruction events. The Virginia Department of Emergency Management has awarded the City a total of $390,399 based on the City's population. A committee has met to assess the needs and priorities for the City as a whole. The final determinations for expending this grant were endorsed by the Safe Community Strategic Issue Team. It is recommended that funding from this grant be allocated as follows: . $75,000 for a full-time position, to continue for as long as grant funding remains for the position, to coordinate the development of a single-response plan across all City agencies; $120,200 to meet National Incident Management System training requirements; $97,600 for preplanning and incident management in conjunction with the replacement of the Mobile Data Terminals in emergency vehicles; and $97,599 to purchase equipment to set up temporary facilities and provide mobile sheltering during recovery phases of an incident. . . . . Considerations: This funding will enable the City to better address everyday emergency response and increase the City's preparedness to respond to events involving terrorism or weapons of mass destruction. There is no City match required for this grant. . Public Information: Public information would be handled through the normal Council agenda public information process. . Recommendations: Accept the grant and appropriate $390,399 to address ongoing emergency response needs and increase the City's capability to effectively support the response to and coordination of disaster events. . Attachments: Ordinance and Grant Award Letter Recommended Action: Approval of Ordinance , n Submitting Department/Agency: Management Services,,:: 9-.w 'r.'f OA~') City Manager~ \L ,Q:5 ~ 1 2 3 4 AN ORDINANCE TO ACCEPT AND APPROPRIATE $390,399 FROM THE U.S. DEPARTMENT OF JUSTICE TO THE FY 2005-06 OPERATING BUDGET TO PROVIDE EQUIPMENT AND TRAINING FOR CITY RESPONDERS 5 the Ci ty has awarded pass-through funding been WHEREAS, 6 Department of Justice to support the response to from the U. S. 7 and coordination of weapons of mass destruction events. 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA: 10 That $390,399 is accepted the U.S. hereby from 1. 11 Department of Justice and appropriated as follows: 12 $120,200 Medical Services the Emergency (a) to 13 Department's 2005-06 Operating Budget to FY 14 coordinate city-wide training the National for 15 Incident Management System; 16 (b) $97,600 Communications Information to the and 17 Technology Department's FY 2005-06 Operating Budget 18 to support the replacement of Mobile Data Terminals 19 in emergency vehicles; 20 (c) $172r599 Fire 2005-06 Department's FY to the 21 Operating full-time Budget support a temporary to 22 posi tion to coordinate the development of a single- 23 response plan across all City agencies and to set up 24 facilities and provide mobile sheltering temporary 25 during recovery phases of an incident. 26 That one full-time position is authorized in the Fire 2. 27 Department's Operating Budget, for only as long as grant funding 28 remains for the position. 29 That revenue from the federal government is increased 3. 30 by $390,399 in the FY 2005-06 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia, 2006. the day of on Approved as to Content Approved as to Legal Sufficiency ... ~~Q, , /P¡nu?f ~ ' CitY Attorney' Office Management Services CA9882 H:\PA\GG\OrdRes\Homeland Security Grant ORD R-3 January 13, 2006 COMMONWEALTH of VIRGINIA MICHAEL M. CLINE State Coordinator Department of Emergency Management 10501 Trade Court Richmond. Virginia 23236-3713 (804) 897.6500 (TDD) 674-2417 FAX (804) 897-6506 www.vaemergency.com JANET L. CLEMENTS Deputy Coordinator JAMES W. KECK Deputy Coordinator April 18, 2005 I,::n ~I . "LfJ,,\")~r) ¡",; i\ " .' Mr. James K. Spore City Manager Virginia Beach City 2401 Courthouse Drive . Virginia Beach, VA 23456 Dear Mr. Spore: The Virginia Department of Emergency Management (VDEM) is pleased to announce the allocation of the 2005 State Homeland Security Program (SHSP) from the Office of State and Local Government Coordination and Preparedness, United States Department of Homeland Security (DHS). The 2005 Grant is designed to provide equipment, training, planning, and exercises for first responders to develop better preparedness to prevent, respond and recover from potential acts of terrorism. Your community has been allocated a total of $390,399 under this grant. This amount was based upon a formula that provided $20,000.00 plus $.87 per capita to your community. This funding must be used according to the requirements specified by DHS. A copy of the directions and guidance provided by the Department of Homeland Security may be found in attachm~nt one (I). You will notice that the Approved Equipment List is in chart form with other 2005 programs, the SHSP approved equipment is listed ONLY in the first (1 st) column. Compliance with the rules and conditions set forth by DHS is mandatory . Under the preparedness enhancement portion of this 2005 grant award, subgrantees are allowed to spend funds in four (4) areas of need in First Responder Preparedness. They are as follows: 1. Equipment Acquisition 2. Training 3. Planning 4. Exercise As with last year's (2004) awards, all sub-applicants are required to submit an Initial Strategic Implementation Plan (ISIP). This year you are required not only to develop the ISIP information but also complete the online ISIP which is submitted to the Commonwealth via the web. To accomplish this requirement, DHS has made available to grantees and sub-grantees a web-based grant-reporting site (GRT). This web site is a secured web site and requires a registration process by each sub-grantee. "Working to Protect People, Property and Our Communities" 2005 State Homeland Security Program Grant April 18,2005 Page 2 Attachment two (2) will provide you with a ('T1'~nt R~.pnrtin y rnnt~M- ~hppt Please provide Qae (1) contact from your community that will be responsible for the ISIP and all other reporting for Homeland Security Grants; the Commonwealth has to approve each request and will not do so without this completed form. The named individual will have his/her own user name and password on this GRT site on the DHS web site. This form MY JST be faxed back to VDEM by April?? ?nn4\ in order for your community to participate ÍIi the ISIP training. A training schedule is attached and an email will be forwarded to the contact person confirming your community's participation in the training for your region. Completion of a Bi-annual Strategic Implementation Report (BSIR) report will also be required biannually for the life of the grant via this same website. Also provided in attachment two (2) is a copy of the state strategy's goals and objectives for use in completing the ISIP and a copy of the Glossary of Grant Terms that will assist subgrantees with the federal and state tenninology referred to in the Homeland Security Grants. The grant reporting contact is not necessarily the designated agent. As in the past, the executive officer (Le.: CAO,. CFO, etc.) is still required to execute all grant documents. In addition to the ISIP, the regular grant application forms must be completed as well. These are the same forms required for the past seven DHS grants and include both Federal and State forms. These forms may be found in attachment three (3). These forms must be completed and returned to us within 60 days of the date of this letter. Funds will not be released until we have received all of the forms and the completed ISIP. In attachment three (3) you will fmd the following: . Form 424, Application for Federal Assistance (Fill out only numbers 1,2,5, & 6 - Date & Sign) . State Application Form . Designation of Agent Form . Form LLL, Disclosure of Lobbying Activities . OJP Form 4061/6 Certifications . Equipment Coordination Certification . Non-supplanting Certification . Level of Training and Equipment Use Certification With the 2005 Grant funds, the Commonwealth will only send grant funds to a sub-grantee a maximum of 120 days prior to purchase of allowable expenditures. To accomplish this, VDEM will . forward a "Request for Drawdown" form once you have completed your application process (which includes an approved ¡SIP and grant application package). You may request all of your funds at one time . or spread your request out over the grant period up to a maximum of 5 drawdowns. Paid invoices for drawdown amounts are due no later than 140 days from the fund disbursement date. As with other DHS grants, your community is required to retain and submit to VDEM a copy of your paid invoices to complete your grant file and be compliant with the grant rules and audit requirements within the requested 140 days. As soon as a payment is made, please forward your paid invoice copies to VDEM. Taking action right away, we believe, will help minimize confusing one grant for another. You have until Janu~ 31 2007 to obligate your funds under the DHS 2005 Homeland Security Program. The original paid invoices and receiving reports will reside with your purchasing office with copies provided to VDEM. These reports should.be held for at least three years after the end of the grant period and are subject to audit by DHS and/or the Commonwealth of Virginia. Attached you will find the Special Conditions document. This award is subject to all administrative and financial requirements, including the timely submission of all financial and 2005 State Homeland Security Program Grant April 18,2005 Page 3 programmatic reports, resolution of all interim audit findings. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. Please initial the Special Condition page and submit it with your grant application package. I appreciate your prompt attention to this matter. You are encouraged to contact Julian Gilman, Cheryl Adkins, or JoAnn Maher at (804) 897-6500 for help with this grant or if you need any additional information. Sincerely, ~7;Jffc~ Michael M. Cline MMC/JDG/jm c: The Honorable George W. Foresman, Assistant to the Governor for Commonwealth Preparedness The Honorable John W. Marshall, Secretary of Public Safety Mr. Robert P. Crouch, Jr., Chief Deputy Secretary of Public Safety Ms. Janet Clements, Chief Deputy State Coordinator. Mr. James W. Keck, Administrative Deputy State Coordinator Attachments CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $360,682 in Excess HOME Program Income to the Department of Housing and Neighborhood Preservation's FY 2005-06 Operating Budget. MEETING DATE: January 24,2006 . Background: The Department of Housing and Neighborhood Preservation through its HOME Program makes loans with federal funds to assist people with purchasing and/or rehabilitating housing. When loans are repaid, the funds received are considered to be "program income" and must be used for the overall purposes of the initial grant. Each year an estimated amount of program income is budgeted in the annual budget. However, in FY 2004-05 and in the beginning of FY 2005-06, funds received ($345,680) and anticipated to be received ($15,002) due to re-financing and early payoffs of these loans will far exceed the amounts estimated when the budget was prepared. Therefore, these funds need to be appropriated so that they can be utilized. . Considerations: The department has considered public input on the use of these funds as well as community need demonstrated by demand for existing programs. Based on this, the funding is proposed to be used as follows: a) $218,000 to create additional affordable rental housing for very low-income homeless families; b) $84,681 to assist additional households to become first-time homeowners; and c) $58,001 to assist current homeowners with reconstruction of their homes. . Public Information: A public hearing on the use of these funds was advertised in the Virginian Pilot and was held on November 2, 2005. Other public information will be handled through the normal agenda process. . Alternatives: Without action to transfer and appropriate the funding, the funds cannot be used. While alternative allocations of funds between the various programs are possible, we recommend the proposed uses based on current program utilization and demand. . Attachments: Ordinance Recommended Action: Approval { .,n1[) Submitting Department/Agency: utt~~ Neighborhood Preservation City Manager:~ ~. ~IW£ 1 2 3 4 5 AN ORDINANCE TO APPROPRIATE $360,682 IN EXCESS HOME PROGRAM INCOME TO THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION'S FY 2005-06 OPERATING BUDGET 6 WHEREAS, more program revenue has been realized in the 7 Department of Housing and Neighborhood Preservation's HOME Program 8 than expected. 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA: 11 That $360,682 from program income is hereby appropriated 12 to the Department of Housing and Neighborhood Preservation's FY 13 2005-06 Operating Budget to fund non-profit organizations' housing 14 rehabilitation projects to create affordable rental housing for 15 very low-income homeless families, to assist additional households 16 to become first-time homeowners, and to assist current homeowners 17 with reconstruction of their housing, with estimated revenue from 18 program income increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2006. APPROVED AS TO CONTENT: £JQMQ)Q.~ ~ APPROVED AS TO LEGAL SUFFICIENCY: Management Jdint¿ !,( ~? City Attorney' Office CA9888 H:\PA\GG\OrdRes\HOME Program Income ORD R-2 January 13, 2006 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $354,225 in Excess Community Development Block Grant (CDBG) Program Income and to Transfer $616,435 to the Department of Housing and Neighborhood Preservation's FY 2005-06 Operating Budget MEETING DATE: January 24,2006 . Background: The Department of Housing and Neighborhood Preservation through its Community Development Block Grant Program makes loans with federal funds to assist people with purchasing and/or rehabilitating housing. When loans are repaid, the funds received are considered to be "program income" and must be used for the overall purposes of the initial grant. Each year an estimated amount of program income is budgeted in the annual budget. However, in FY 2004-2005 and in the beginning of FY 2005-2006, funds received due to re-financing and early payoffs of these loans far exceeded the amounts estimated when the budget was prepared. Therefore, these funds totaling $354,225 need to be appropriated so that they can be utilized. In addition, $398,271 of federal funds have been reserved in the Capital Improvement Program for potential use in the Northhampton corridor since the project, Burton Station, Capital Project #9-198, was put on hold ten years ago. This delay is limiting our ability to utilize funds in a timely manner. Since the amount reserved is a small portion of the potential project costs and the project is not currently active, it is critical to transfer these funds for use in meeting affordable housing needs in the community and meeting the Department of Housing and Urban Development fund-utilization guidelines. Finally, the department is requesting the transfer of $218,164 in federal funds from various lapsed operational budget units and under-spent project funds. In total, it is requested that $354,225 be appropriated and $616,435 be transferred to the Department of Housing and Neighborhood Preservation's FY 2005-06 Operating Budget. These funds are recommended to be allocated as follows: $717,104 to assist current homeowners with repairs; $90,000 to provide additional housing for homeless families; $73,798 to provide additional housing for single homeless persons; and the remainder of $89,758 to be used for various operational improvements. . Considerations: The department has considered public input on the use of these funds as well as community need demonstrated by information and waiting lists. At the current time, the department reports a waiting list of over 150 households who are seeking rehabilitation financing from the department but cannot obtain it due to a lack of funding. It is estimated that between $1.5 and $3 million would be needed to fully fund the rehabilitation needs of households on the waiting list. This is the first time that the department has had to turn down requests for rehabilitation since it began providing assistance city-wide in 1993. . Public Information: A public hearing on the use of these funds was advertised in the Virginian Pilot and was held on November 2, 2005. Other public information will be handled through the normal agenda process. . Alternatives: Without action to transfer and appropriate the funding, the funds cannot be used. Alternative uses of the funds are possible, however, given the extensive waiting list of homeowners, we recommend the proposed allocation. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: H in City Manager:~ K. ~ 1 2 3 4 5 6 AN ORDINANCE TO APPROPRIATE $354,225 IN EXCESS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME AND TO TRANSFER $616,435 TO THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION'S FY 2005-06 OPERATING BUDGET 7 WHEREAS, more program revenue has been realized in the 8 Department of Housing and Neighborhood Preservation's Corrununi ty 9 Development Block Grant ("CDBG") Program than expected; and 10 WHEREAS, transfers of existing CDBG funding from the 11 Capital Improvement Program and within the Department's FY 2005-06 12 Operating Budget are needed to align funding with the needs of the 13 corrununity. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 1. S354,225 income is hereby from That program 17 appropriated the of Housing and Neighborhood to Department 18 Preservation's FY 2005-06 Operating Budget to assist homeowners 19 with repairs provide additional housing for homeless and to 20 families and individuals, wi th estimated revenue from program 21 income increased accordingly. 22 2. $398,271 is hereby transferred from Capital That 23 Project #9-198, Burton Station (Partial) to the Department of 24 Housing and Neighborhood Preservation's FY 2005-06 Operating Budget 25 to assist homeowners with repairs. 26 3. That $218,164 of CDBG funding is hereby transferred 27 within the Department of Housing and Neighborhood Preservation's FY 28 2005-06 Operating Budget to assist homeowners with repairs and to 29 fund various operational improvements. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: JS , kry¡¡ ¿ /{ :L ¿ City Attorney~s ðYÍice CA988.6 H:\PA\GG\OrdRes\CDBG Program ORD R-2 January 13, 2006 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $297,565 in U.S. Department of Housing and Urban Development Federal Section 8/Housing Choice Voucher Revenue to the Department of Housing and Neighborhood Preservation's FY 2005-06 Operating Budget MEETING DATE: January 24,2006 . Background: The Department of Housing and Neighborhood Preservation (DHNP) receives funds annually from the U.S. Department of Housing and Urban Development (HUD) to support rental subsidies for persons living in privately-owned housing around the City. In addition, special allocations of these funds are provided to the DHNP when an apartment complex ends its rental payment arrangement with HUD and converts to a new financing arrangement. These special allocations provide housing voucher funding administered by DHNP and insure that current residents do not become homeless due to increases in rents or other factors. Effective November 1, 2005, Morgan Terrace Apartments, located at 401 Birdneck Circle, Virginia Beach, VA 23451, and consisting of 5 eligible units, became the seventh HUD-mortgaged property in the City to convert to the Section 8/Housing Choice Voucher Program. Effective February 1, 2006, Ebbetts Plaza Apartments, located at 512 Featherstone Court, Virginia Beach, VA 23462, and consisting of 90 units, will be the eighth HUD- mortgaged property in the City to convert to the Section 8/Housing Choice Voucher Program. When these conversions occur, the existing residents of these properties who qualify are provided rental assistance, which they can utilize either at that complex or at an eligible housing unit elsewhere. The requested appropriation amount is the maximum potential amount of subsidy and administrative funding that the City will receive in the current fiscal year, and reflects pro-rated amounts based on the annual award shown in the attached HUD award letters. . Considerations: Funding for the Morgan Terrace Apartment conversion is as follows: $22,520, consisting of $20,800 for direct housing assistance and $1,720 for administration. The administrative funding will be utilized to support staff and all other administrative costs. The amount of funding for the Morgan Terrace Apartments differs from that mentioned in the attached letter because after the award letter was issued in December 2004, HUD reduced the number of units from 24 to 5 and changed the effective date. Funding for the Ebbetts Plaza Apartment conversion is as follows: $275,045, consisting of $254,003 for direct housing assistance and $21,042 for administration. The administrative funding will be utilized to support staff and all other administrative costs. The amount of funding requested for appropriation for the Ebbetts Plaza Apartments differs from that mentioned in the attached letter because the actual effective date will be February 1, 2006, rather than January 1, 2006, as shown in the letter. . Public Information: Public information is provided through the normal Council agenda process. . Alternatives: The City does not have to accept the funding and provide the subsidies. If the City does not accept the funding, HUD will need to find another agency to administer these subsidies. This could result in significant delays and is considered administratively infeasible and otherwise not desirable. . Recommendations: Considering that the City provides all other such funding within the City, and that by operating the program we utilize controls and guidance that are consistent with City policy, it is recommended that the City accept the funding and provide the subsidies. . Attachments: Ordinance and Notification Letter of Award from HUD ~~t~ n Recommended Action: Approval i J~ \ ~Jv Submitting Department/Agency: n~ ment Services City Manager: ~ t. (jJ~ 1 2 3 4 5 6 7 AN ORDINANCE TO ACCEPT AND APPROPRIATE $297,565 IN U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FEDERAL SECTION 8/HOUSING CHOICE VOUCHER REVENUE TO THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION'S FY 2005-06 OPERATING BUDGET 8 WHEREAS, the U.S. Department of Housing and Urban Development 9 has awarded the Department of Housing and Neighborhood Preservation 10 Federal Section 8/Housing Choice Voucher funding rental for 11 assistance for qualifying residents for five rental units in the 12 Morgan Terrace Apartments and 90 rental units in the Ebbetts Plaza 13 Apartments, and associated administrative costs. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 That $297,565 is hereby accepted from the u.S. Department of 17 Housing and Urban Development Federal Section 8/Housing Choice 18 Voucher Program and is hereby appropriated to the Department of 19 Housing and Neighborhood Preservation's 2005-06 Operating FY 20 Budget to fund rental subsidies for qualifying residents in the 21 Morgan Terrace and Ebbetts Plaza Apartments and associated 22 administrati ve costs, with estimated federal revenue increased 23 accordingly. 24 Adopted by Council the City of Virginia Beach, the of 25 Virginia, on the day of , 2006. APPROVED AS TO CONTENT: Jj o~;J Q (\J\rd 0 D. Management serViC~~~) APPROVED AS TO LEGAL SUFFICIENCY: him I ¿ I .f¿¡f~ Ci t:ý Attorney~/ office CA9884 H:\PA\GG\OrdRes\Section 8 Voucher ORD R-2 January 12, 2006 UC"I f): ~(. <6. (WA/~ f-j ~ (:~ò6)mfl1 U. S. Department of Bonsing & Urban Development ~ . '.~U' Q:-~" Q ~ : * *i '\ ¡ ~.;, -J>" ~1)~ DEe 2 9 ,;;,."i:.¡ Richmond Office Public Housing Program Center 600 East Broad Street, 3rdFtoor Richmond, VA 23219 ' 1-800-842-2610 Mr. Andrew Friedman Director, Department of Housing and Neighborhood Preservation City of Virginia Beach Municipal Center, Blqg 18A Virginia Beach, VA 23456 SUBJECT: Conversion Vouchers Prepayment Morgan Terrace Virginia Beach, Virginia This tetter is to fonnally notify your agency that the City of Virginia Beach has been awarded 15 units of Section 8 Conversion Vouchers with annual budget authority of $93,600 and administrative fee of$7,740 in order to assist residents of Morgan Terrace in Virginia Beach, Virginia. The conversion vouchers are provided as a result of the prepayment of the mortgage to occur în the near future. Additionally, budget authority in the amount of$56,160 and administrative fee of $4,644 is provided for 9 units for vouchers for residents of Morgan Terrace being assisted through the Rent Supplement program, which will tenninate with the prepayment Also provided is budget authority of $3,750 and $2,250 respectively for special fees to compensate the authority for any , extraordmary Section 8 administrative costs associated with the conversion. These fimds are provided consistent with pm Notice 99-40 (HA) and Noticè Pili 200] -41 (HA). TheAnnua1 Contn'butions Contract.(ACC) is beingpreparec:hmd,wiJI be the"" , '.. '.', "'" '."" subject of separate correspondence. The effective date j s March 1, 2ooS. We appreciate your agreeing to administer these vouchers so that eligible residents of Morgan Terra~ can be assisted. If you have any questions or need further assistance, please contact Frank Clower at 804-771-2100 ext. 3778. ~ W~iles Acting Director j f/3iJ/O.; ~. (/l) ~I-IÐ I-f: 06 ¡Jt11l1 u. S. Department of HousiDg & Urban Developme,Dt ..._NTO¡to It-~U' -SO".. ~ .... ~ * *'i ;, ¡ ~." I A ~.(I¡ "'Ffl.~ . NOV 2 5 ¡DOS Richmond Field Office 600 E. Broad Street" 3M Floor Richmond, VA 23219 , 1-800-842-2610. " Mr. Andrew Friedman Director, Department of Housing and . Neighborhood Preservation Princess Anne Park . .Muniçipal Center, Bldg. 18A Virginia Beac~ VA 23456 Dear Mr. Friedman: . SUBJECT: Conversion Vouchers Ebbetts P1aza Apartments . This Jetter is to formally notify your agency that the City ofVirgitria Beach has been awarded 90 units of Section 8 Conversion Vouchers with an annuaI budget authority .of $609,606 and Administrative fees .of $50,50 1 ta assist residents .of Ebbetts Plaza Apartments. The Annual contnõutions Contract (ACe) is being prepared and will be the subject of separate correspondence.. The effective date is January 1,2006. We appreciate yeur agreeing to administer tþ.ese vo~hers so that eligible residents afEbbetts Plaza Apartments can be assisted. If you have any questions.or need further assistance, please contact Frank: Clower at 804- 771-2100 ext. 3718. . Sincerely, 2J.J1.~ Robert L. Jennings Director Office .of Public Housing Visit our website :It wwl\'.hud.gov/virginiz 1. PLANNIN G 1. Application of BULLFROGS and BUTTERFLIES for a Conditional Use Pennit re child care education center at 2844 North Landing Road (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROV AL 2. Application of LISA BARLOW for a Conditional Use Permit re a home occupation (animal rehabilitator) at 948 Morgan Trail (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROV AL 3. Application of PAMELA J. JOHNSON for a Conditional Use Pennit re a home occupation (daycare) at 3005 Redbud Court (DISTRICT 3 - ROSE HALL) 4. RECOMMENDATION: City Zoning Ordinances (CZO) re Historic Kempsville Master Plan: APPROV AL a. ADD Article 20, Sections 2000 through 2004, establishing the Overlay District, boundaries, use regulations and dimensional, density, landscape and buffering requirements b. AMEND and REORDAIN Section 102, re the establishment of districts and official zoning maps c. AMEND and REORDAIN Article 9, Sections 900 through 906, re the legislative intent, use regulations, dimensional requirements, landscape screening and buffering regulations, height regulations, sign regulations, and off-street parking regulations for the B-4K Mixed Use District d. AMEND the Official Zoning Map by the designation and incorporation of the Overlay District e. AMEND the Comprehensive Plan to incorporate the Master Plan RECOMMENDATION: APPROV AL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamberat City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, January 24, 2006, at 6:00 p.m. The fol- lowing applications will be heard: DISTRICT 7 - PRINCESS ANNE . Bullfrogs and Butterflies Application: Conditional Use Permit for a child care education center at 2844 North Landing Road (GPIN 14934918900000). DISTRICT 2 - KEMPSVILLE . Lisa Barlow Application: Conditional Usé Permit for a home occupation (animal rehabilitator) at 948 Morgan Trail (GPIN 14565617040000). DISTRICT 3 - ROSE HALL Pamela J. Johnson Application: Conditional Use Per- mit for a home occupation (daycare) at 3005 Redbud Court (GPIN 14970393810000). CITY OF VIRGINIA BEACH Ordinance to Amend and Reordain the City Zoning Ordi- nance (Appendix A) by adding a new Article 20 thereto, consisting of Sections 2000 through 2004,. establishing the Historiê Kempsville Area Overlay District; legislative intent; district boundaries; application of regulations; use regulations; dimensional and other requirements; density; landscape screening and buffering require- ments. Ordinance to Amend and Reordain the City Zoning Ordi- nance (Appendix A) by amending Article 1, Section 102, pertaining to the establishment of districts and official zoning maps for the Historic Kempsville Area Mixed Use District. Ordinance to Amend and Reordain the City Zoning Ordi- nance (Appendix A) by amending Article 9, Sections 900 through 906, pertaining to the legislative intent, use regulations, dimensional requirements, landscape screening and buffering regulations, height regulations. ~ign regulations, and off-street parking regulations for. the B-4K Historic Kempsville Area Mixed Use District. Ordinance to amend the Official Zoning Map by the des- ignation and incorporation of the Historic Kempsville Area Overlay District. Ordinance to adopt the Historic Kempsville Area Master Plan as an amendment to the Comprehensive Plan. All interested citizens are invited to attend. -rj. ~1 /~ - Ruth Hodges Smith, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning. For information call 427-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 4274303. TOO only at 427-4305. (TDD - Telephonic Device for the Deaf). The Planning Commission Agenda is available through the City's Internet Home Page at httD:/ /www.vb!i!ov.com/p!annin5!commission Beacon January 8 & 15, 2006 14459136 Map H 12,13 Mop Not to Scole + N AG- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Bullfrogs and Butterflies - Conditional Use Permit (child care education center) MEETING DATE: January 24,2006 . Background: An Ordinance upon Application of Bullfrogs and Butterflies for a Conditional Use Permit for a child care education center on property located at 2844 North Landing Road (GPIN 14934918900000). DISTRICT 7 - PRINCESS ANNE . Considerations: The applicant requests a Conditional Use Permit for a childcare education center in an existing residential structure. The center shall be open from 7:00 AM until 6:00 PM Monday through Friday and will provide care for up to 50 children, from 2 % through 5 % years of age. The Planning Commission placed this item on the consent agenda because they felt that it was an appropriate use for the site, staff recommended approval and there was no opposition to the request. The daycare center will be a good amenity for this area and is compatible with the surrounding residential neighborhoods as well as the business areas. The use of the existing residential building remains in scale with the neighboring sites, further enhancing the compatibility. All concerns have been addressed with the recommended conditions. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. The applicant shall obtain all necessary permits, inspections and approvals before the childcare occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 2. The applicant shall maintain a childcare license with the Commonwealth of Virginia. Failure to maintain childcare license shall result in revocation of the Conditional Use Permit. Bullfrogs and Butterflies Page 2 of 2 3. The proposed child care education center shall be developed as shown on the submitted plan entitled "Bullfrogs & Butterflies Child Care" prepared by TM Collaborative, Inc., with a date of 11/15/05. 4. Fencing shall be constructed around the 75' x 75' Play Area shown on the submitted plan. 5. Hours of operation are Monday through Friday from 7:00 AM until 6:00 PM. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ City Manag~ t ,~~ BULLFROGS AND BUTTERFLIES Agenda Item # 9 December 14, 2005 Public Hearing + r AG- Map H J2,J3 "00 "", " jo'" Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for Childcare Education Center ADDRESS I DESCRIPTION: Property located 2844 North Landing Road. GPIN: 14934918900000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 2.96 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for a childcare education center in an existing residential structure. The center shall be open from 7:00 AM until 6:00 PM Monday through Friday. The childcare center will care for up to 50 children. The facility will provide for the needs of children from 2 Y2 through 5 Y2 years of age. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Rural residential site SURROUNDING LAND USE AND ZONING: North: South: . Agricultural farm land / AG-2 and AG-1 Agricultural District Across North Landing Road are rural residential sites / AG-2 Agricultural District Agricultural farm land / AG-2 Agricultural District Rural residential sites / AG-2 Agricultural District . East: West: . . NATURAL RESOURCE AND CULTURAL FEATURES: The site is a single-family home with an open field in the rear and trees along the perimeter. BULLFROGS AND BUTTERFJ....IES AgendalteqJ#9 'PCi9~J AICUZ: The site is in an AICUZ of 65 to 70 dB Ldn surrounding NAS Oceana. The Navy considers this use conditionally compatible. Applicant is to ensure compliance with noise level reduction features as set forth in the Virginia Uniform Statewide Building Code. IMP ACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): North Landing Road in the vicinity of this application is currently a two-lane undivided roadway that serves as a minor suburban arterial roadway. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume North Landing 8,309 ADT I 13,600 ADT (Level of Existing Land Use ¿ - 10 Road (2005) Service "C") ADT 15,000 ADT 1 (Level of Proposed Land Use 3 - Service "D") 238 ADT Average Dally Tnps 2 as defined by single family home 3 as defined by 3,000 SF childcare center The site will be required to meet all Public Works Standards for a commercial site, including entrance locations and entrance width. Additional detailed comments from Traffic Engineering will be during site plan review. WATER: This site has an existing water meter that may be used or upgraded. Water meter sizing calculations are required. There is a 16 inch water transmission main fronting the site. SEWER: The site is connected to City sanitary sewer. There is an 8 inch gravity sanitary sewer main fronting the site. There is also a 16 inch and a 4 inch sewer force main fronting the site. SCHOOLS: No comments. FIRE: Certificate of occupancy shall be obtained from the "Building Official" prior to occupancy. STORM WATER MANAGEMENT: Provide adequate storm water discharge outfalls and identify adequate offsite receiving drainage systems. Develop a storm water management plan for water quantity and quality in accordance with the Public Works Specifications and Standards. BULLFROGS ANDBUTTERFI.3IES AgendalteJ"ti#9 .f?él~..? The Comprehensive Plan designates this area as being within the Transition Area / Princess Anne. The land use planning policies and principles focus on promoting this area as a well-planned, low density, fiscally sound and desirable destination for people to live, work and play. The Comprehensive Plan recognizes that commercial development within the Transition Area be scaled to accommodate local neighborhood needs and designed for compatibility with surrounding area. The proposal for a childcare center is complementary in use to nearby residential and non-residential along North Landing Road. COMPREHENSIVE PLAN EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the surrounding residential neighborhoods as well as the business areas. The use of the existing residential building remains in scale with the neighboring sites, further enhancing the compatibility. CONDITIONS 1. The applicant shall obtain all necessary permits, inspections and approvals before the childcare occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 2. The applicant shall maintain a childcare license with the Commonwealth of Virginia. Failure to maintain childcare license shall result in revocation of the Conditional Use Permit. 3. The proposed child care education center shall be developed as shown on the submitted plan entitled "Bullfrogs & Butterflies Child Care" prepared by TM Collaborative, Inc., with a date of 11/15/05. 4. Fencing shall be constructed around the 75' x 75' Play Area shown on the submitted plan. 5. Hours of operation are Monday through Friday from 7:00 AM until 6:00 PM. 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. The applicant is encouraged to contact and work with {he 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. . ' - " BULLFROGS AND{BUTTERFI1.IES Agenda Iteni # 9 P~gf:)3 AERIAL OF SITE LOCATION'" ':, '. , . " , BULLFROGS AND BUTTERFUES Agenda Item # 9 . . .. Page 4 "" .<" '. " -;, . THIS IS TO CERTIFY THAT I, ON SEPT. 23, 2005, SURVEYED THE PROPERTY SHOWN HEREON AND THAT THE TITLE LINES AND PHYSICAL nœROVEMENTS ARE AS SHOWN HEREON. THE nœROVEMENTS STAND STRIGnY 1fITBIN THE TITLE LINES AND THERE ARE NO BNCROAcmŒNTS O~ JISIBLE EASEMENTS EXCEPT AS SHOWN. SIGNED:,,;Þ'..-../ .#?~-"-- NOTE: lHE PROPERTY SHOWN HEREON APPEARS TO UE IN "X" FlOOD ZONE (AA£A DETERMINED TO 9E ABOIIE 5OO-YEAR FlOODPLAlN)ACCORDING TO f.E-M.A. MAP PANENl Nb. 515531-00559, REVISED DEC. 5. 1996. IS G. INSET SCALE: 1. m 50' IP(F') N 80"55'30. E 257.17' ~ ì§ ~ ~ (.;) ~ ÒI ~ ~ 8 Þ fRAMED .- SHED .- z "' 0 "'. S73"30'OO.W 258.10' NORTH LANDING ROAD DA 1E: SEPT. 23. 2005 SCALE: l' - 100' PHYSICAL SURVEY OF 2844 NORTH LANDING ROAD BEING 2.804 ACRES AS DESCRIBED IN DEED BOOK 1342 PAGE 495 VIRGINIA BEACH, VIRGINIA FOR GARY LEO REARDON DRAWN 9Y: DHH 7~$://// WARD M. HOLMES LAND SURVEYOR, P.C. 9225 GRANBY STREET NORFOLK, VIRGINIA 23503 757-480-1230 IP(F') ¡¡ ai ~ 35.6' 1'0 V"," BE-'CtI COUR1tIOUSE 4~i.T~ ø~~ J:~"" '." ""'H" ,.""': .~..\ ~:r "',,,,'v'""" . . ~.~' r;¡ ~;;~.. -.j ( .,.a.q.f' o<?- .' "'-'0 _~.;;~9 PRO.IECT NO. 052327 EXISTING PHYSICAL SURVEY BULLFROGS ANDBUTTERFblES Agendalterrr#9 eg;¡g~~ VlNI9~1^ 'H::1V3'iJ VJNI9~1^ m::.:=... dVO~ 9NJdNVl Hl~ON VWZ; "'-"""_Ot, 3~v:) dllH::1 931l:J~llin'iJ 1 G90~:Jlln'iJ ;NOISII\3/1 .;¿ c;o'<;w II ;;uva ~...- eI""" :).g N/,IV/I( ~ D- ei""" .).g N9K>30 \!) \f) ILO-C;OH ;ON gar ~ ~ <!> =ãii\œ i I -....y Ii I ~ I I Ii 13 ""....y PROPOSED SITE LA YOU~r' - BULLFROGS ANDBUTTERFI..IES Agenda Item#9 . e?g.~.6 Map H 12,13 Mðp Not to Scðle ~ N ¡ AG- 1 10/13/98 Conditional Use Permit for a wireless communications facility Granted 2 12/22/94 Amendment to land Use Plan Administrative approval 3 06/22/93 Amendment to land Use Plan Granted ZONING HISTORY BULLFROGS ANDBUTTERF~/ES Agendalter1'j#9 , 8~g~ 7, ISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the fol/owing: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) ~-t'heÝ N e.w Y1 ~~ k~:~~> 2. List all businesses that have a parent-subsidiary' or affiliated business entit)? relationship with the applicant: (Attach list if necessary) 16v-n-¡ ho.VJDY) DCheck here if the applicant is NOT a corporation, partnership, finn, 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, finn, 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) I 2. List all businesses that have a parent-subsidiary' or affiliated business entitV relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, finn, business, or other unincorporated organization. . , & 2 See next page for footnotes Conditional Use Permit Application Page 9 of 10 Revised 9/1/2004 z <=> . I !:;; U . I øJ ~ h ~ Ef ~ CI:J I~ ~ <=> I I f-4 I I ~ <=> U -< .., ". . >- . . . BULLFROGS ANDBUTTERFEIES ~genda Iter:Jj,;.fJ9 . .R;<;.g:~8 .' . z 0 I I ~ U I I ~ Ø-4 ~ E--4 ~ ~ Ø-4 ~ CI':} :.::::> ~ 0 I I E--4 I I Q Z 0 u DISCLOSURE STATEMENT ~ ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) 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 (ì) 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. ~~ /V~ Print Name ~Ct.~vdon Print Na e Conditional Use Panni! Application Page10of10 Revised 9/112004 BULLFROGS AND~.BUTTERFLJES Agenda ltel}'i!#9 g~g.~9 Item #9 Bullfrogs and Butterflies Conditional Use Permit 2844 North Landing Road District 7 Princess Anne. December 14,2005 CONSENT William Din: My next item is Item #9, Bullfrogs and Butterflies. This is an application for a Conditional Use Permit for child-care education center on property located at 2844 North Landing Road in the Princess Anne District. This has five conditions associated with it. Welcome. Heather Newton: Hi. Heather Newton, applicant and co-owner of the proposed business asking for a Conditional Use Permit and we have read the conditions and do agree with all of them. William Din: Thank you. Is there any objection to placing this item on consent agenda? If not, Mr. Horsley, again. = Donald Horsley: This property was a fonner residence and the applicant has purchased the property and wants to provide a child-care education center. The way the area is growing up this would be a good amenity to put into this community. The neighbors don't seem to have a problem. One addressed a concern about whether the yard would be fenced but I think when they find out there is a condition that the play area be fenced in. The applicant has been very substantial with improvements to the building. We got five conditions that adequately address any concerns that anyone would have. So it follows the Comprehensive Plan for this area so we think it would be a good project and we encourage projects like this in making growing neighborhoods. So we put it on the consent agenda and wish the new applicant well. William Din: Thank you Don. I'd like to make a motion to approve the following consent agenda item. Item #9 is Bullfrogs and Butterflies. A request for a Conditional Use Permit for child-care education center located at 2844 North Landing Road in the Princess Anne District with five conditions. Donald Horsley: I'll second it. Dorothy Wood: A motion by Mr. Din and a second by Mr. Horsley. AYE 10 NAY 0 ABSO ABSENT 1 ANDERSON AYE Item #9 Bullfrogs and Butterflies Page 2 CRABTREE DIN HORSLEY KA TSIAS KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE AYE AYE ABSENT AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the Board has approved Item #9 for consent. = I-I 00> \J R-IO 5 14, CUP - Home Occupation (Animal Rehabilitation) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Lisa Barlow - Conditional Use Permit (home occupation - animal rehabilitation) MEETING DATE: January 24,2006 . Background: An Ordinance upon Application of Lisa Barlow for a Conditional Use Permit for a home occupation (animal rehabilitator) on property located at 948 Morgan Trail (GPIN 14565617040000). DISTRICT 2 - KEMPSVILLE . Considerations: The applicant requests a Conditional Use Permit to allow a home occupation for animal rehabilitation. The applicant has been a licensed wildlife rehabilitator since 1992. and has lived at this address (with the exception of three years) since 1972. The rehabilitation work has no regular hours of operation and animals are brought in at various times. Most animals are contained outdoors in the rear yard. Some baby animals and birds are housed indoors. The number of animals varies from month to month. During the fall and winter months there are fewer animals. Spring and summer are the busy seasons. The animals are not pets. Federal Fish and Wildlife Service limit the length of time a bird may be rehabilitated to 6 months. There is not a limit on the length of time for mammals and reptiles to be rehabilitated. The applicant does the majority of the rehabilitation activities. She receives some assistance from her father who also resides at the property and is an occasional volunteer. There are no paid employees. . Recommendations: The Planning Commission passed a motion by a recorded vote of 6-4 to approve this request with the following conditions: 1. Provide a 6'-0" high privacy fence along the perimeter of the rear yard adjacent to neighbors on each side. Lisa Barlow Page 2 of 2 2. Position all cages and structures to meet zoning setback requirements. 3. Provide a 5'-0" wide organic mulch planting bed 4" - 6" in depth along the seaward side of the activity and enhance with plantings. 4. Animal and bird cages shall be cleaned daily to minimize odors caused by waste. 5. The use shall be administratively reviewed in one year. . Attach ments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~- City Manager: G \c ~ ~ LISA BARLOW Agenda Item # 1 0 December 14, 2005 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for Home Occupation (Animal Rehabilitator) ADDRESS I DESCRIPTION: Property located at 948 Morgan Trail. GPIN: 14565617040000 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 21,299 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a home occupation for animal rehabilitation. The applicant is a state and federal permitted wildlife rehabilitator. The applicant has been a licensed wildlife rehabilitator since 1992. The applicant has lived at this address (with the exception of three years) since 1972. There are no set days or hours of operation. Animals are brought in at various times. Most animals would be contained outdoors in the rear yard. Some baby animals and birds are housed indoors. The number of animals varies from month to month. During the fall and winter months there are fewer animals. Spring and summer are the busy seasons. These animals are not pets. Federal Fish and Wildlife Service limit the length of time a bird may be rehabilitated to 6 months. There is not a limit on the length of time for mammals and reptiles to be rehabilitated. The applicant does the majority of the rehabilitation activities. She receives some assistance from her father who also resides at the property and is an occasional volunteer. There are no paid employees. LAND USE AND ZONING INFORMATION SURROUNDING LAND USE AND ZONING: North: EXISTING LAND USE: Developed single family residential site South: . Across the canal is single family residential / R-1 0 Residential District Across Morgan Trail is single family residential / R-1 0 Residential District . c . , c . USA BARLOW Agenda Jtem'# 1 0 '. Page 1 East: West: . Single family residential / R-1 0 Residential District Single-family residential / R-10 Residential District . NATURAL RESOURCE AND CULTURAL FEATURES: The site is residential with one mature tree in the front yard and a few mature trees in the rear yard. The site backs up to a canal that flows into the eastern branch of the Elizabeth River. This property is in the Chesapeake Bay Watershed. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES No measurable impact on city services is anticipated with this Conditional Use Permit. MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): No comments. There are no improvements planned for Morgan Trail. WATER and SEWER: No comments. FIRE: No concerns with the proposed Conditional Use Permit. POLICE (ANIMAL CONTROL BUREAU): Applicant provides a useful service to the Bureau by caring for injured and immature wildlife that would otherwise often be forced to euthanize. Supports application provided applicant maintains compliance with the rules governing wildlife rehabilitation. SCHOOLS: No comments. COMPREHENSIVE PLAN The Comprehensive Plan recognizes this home occupation as being within a Primary Residential Area. The land use planning principles for the Primary Residential Area focus on preserving and protecting the overall character, economic value and aesthetic quality of stable neighborhoods located in the area. Staff recommends approval of this EVALUATION AND RECOMMENDATION Conditional Use Permit for a home occupation for animal rehabilitation, subject to the conditions listed below. The applicant Lisa Barlow is licensed by the State of Virginia as an animal rehabilitator. She provides a valued service to the surrounding community. The conditions recommended by staff below ensure minimal impact of the use on the surrounding residential area. ' "".,' , , USA BARLOW Agènda Item # to ,Page2 CONDITIONS 1. Provide a 6'-0" high privacy fence along the perimeter of the rear yard adjacent to neighbors on each side. 2. Position all cages and structures to meet zoning setback requirements. 3. Provide a 5'-0" wide organic mulch planting bed 4" - 6" in depth along the seaward side of the activity and enhance with plantings. 4. Animal and bird cages shall be cleaned daily to minimize odors caused by waste. 5. The use shall be administratively reviewed in one year. 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. 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. "',"'"/' "~ ',,'" '",",' , , , '" LISA BARL;OW Agenda Item.:#, 1 0 . ,Pa,g~ 3 " " , 'co"~ F"'/""~'\:'" AERIAL OF SITE LOO~1iq~:"/c' , ' ." ,'" ' L:.ISABAR12DW :,:.~ A~éhda ltem~lO , .. ,g?9~4 .' ~ ~ '~ ~, ~ - \' ~~~,t';r~ ,~. :~,,-t\~ -$ct~ " . ~ - ..~ _..,--~' ~ .~. . - .~ Cl46es , ~eo ~w ~ 8/ '-1 Jf~~ f~ IS ,p:ið' 31'.?~~~ '27/. 87' - .¥74'.~':2d"H' /// O.é"¿Çd# ~.d/L , PHYSICAI, ,SURWY aF LOT ao t SECTION THREE t I.AJŒ'!ILLE VIRGINIA BEACH, VA. , FOR & ' ELIZABETH LEONARD w. BOtTCHER ,',.'----W'~"--'-" ',,',_.. " ,-"._,---~--,. "-,M""" " SCALE: 1" - 40' , ... "','-",' . ,~,. , ", PHYSICAL SURVEtI,'. ,< . ., '. . . USA BARLOW Agenda Item # 1 0 Pag~ 5 EXTERIOR PHOTOGRAPHS»:... . ..;. ... ;~tSABARLOW Ag~rida Item#. 10 .. .8~g§;6 I-I 1 OOA \j R-IO ,,- cUP - Home Occupation (Animal Rehabilitation) 12/03/02 Conditional Use Permit for bulk storage of motor vehicles Granted ZONING HISTORY('h:;:,,; ":,,. "'v" ,'~) , "", -",' LISA BARLOW Ag~nda Item~# 1 0 . , "Pag~ 7 ISCLOSURE 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) ~14 2. List all businesses that have a parent-subsidiari or affiliated business entitf relationship with the applicant: (Attach list if necessary) ~A 'fit Check here if the applicant is NOTa 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) , tJ[tÄ -'-'--------' 2. List all businesses that have a parent-subsidiary 1 or affiliated business entitf reJationship with the applicant: (Attach list if necessary) t\. "fA I It' Check here if the property owner is NOTa corporation, partnership, firm. business, or other unincorporated organization. 1--. ' t 1 & 2 See next page for footnotes Conditional Us"- Permit Appiication Page90'10 "",vised 9i112()04 z 0 I I !:;3 t..) I I I 1 J:L.. ~ F-4 ~ g: J:.:t ~ þ:::) ~ 0 I t F-4 I I ~ Z 0 u ,"',,""", ,,' " USA BARLOW Agenda Item # 10 : ". Pag~8 ~ Z CERTIFICATION: J certify that the infonnation contained herein is true and accurate. ~ I understand that. upon receipt of notification (postea, rd) that the application has been '--' scheduled for public hearing. I am responsible for c<btalning and posting the required I I sign on the subject property at least 30 days prior to the scheduled public hearing :E---4 according to the instructions in this package. I I ~ lÅ~~~:»i1) Q Applicant's Signature, Print Name ~ ~ ~~ Ú"'/t.e-r4 W ÆvcA >!!V'- ~ Property Owner's Signature (if different than applicant) Print Name 0 U z 0 I I !< u I I ' J " ø... ~ :E---4 ~ ~ s=t-c ~ ~ I I ~ DISCLOSURE STATEMENT ~ ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services. accounting services and legal services: (Attach list if necessary) -t::,¿t~-- ~ - 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 Loeal Government Conflict of Interests Act, Va. Code § 2.2-3101. Conditional Use Perma Application Pagc1Cof1Q Fevis..->d 91112004 EISA BARLOW Agenda Item;!f10 R~g~9 Item #10 Lisa Barlow Conditional Use Permit 948 Morgan Trail District 2 Kempsville December 14,2005 REGULAR Dorothy Wood: The next one Mr. Strange. Joseph Strange: The next item is Item #10. An Ordinance upon Application of Lisa Barlow for a Conditional Use Permit for a home occupation (animal rehabilitator) on property located at 948 Morgan Trail, District 2, Kempsville with five conditions. Lisa Barlow: Good afternoon. Dorothy Wood: Welcome. Lisa Barlow: I'm very nervous. = Dorothy Wood: Please don't be nervous. Lisa Barlow: I've lived in the residence. Ed Weeden: Ma'am, for the record please state your name? Lisa Barlow: I'm sorry. My name is Lisa Barlow. I'm the applicant. I live at 948 Morgan Trail in Virginia Beach. I've lived at this residence with the same neighbors since 1972, with exception of three years. I've been a rehabilitator since 1992, state and federally licensed. I have helped large number of families in my neighborhood and surrounding neighborhoods with wildlife. The children have brought me baby birds and showed me where injured animals were. I'm a member of the International Wildlife Rehabilitation Council and I'm acting President of Wildlife Response based in Chesapeake, Virginia. I've worked in the veterinary field since 1996 and I'm a licensed veterinary technician. As a state and federally permitted rehabilitator, I've received an assortment of wildlife at any given time. Since both government agencies consider rehabilitation a hobby, I drive no income or wage for any of my activities. In fact, this year alone, I spent nearly $7,000 of my own income to rehabilitate wildlife brought to me from the public. Wildlife is found primarily by private citizens, but it is also brought to me by animal control agencies and other government agencies and gaming officials. All most any time of the day, seven days a week, no days off or anything like that. It's very rare for me to get anything after 9:00 pm or earlier than 8:00 am. The majority of the rehabilitation activities are done by myself with my father or a volunteer occasionally = Item #10 Lisa Barlow Page 2 helping. I have no paid employees. And as I work full time, most of mÿ activities with care of the wildlife, I've done before or after I go to work. Wildlife and care is maintained in as stress free environment as possible throughout the recuperation. Most of the enclosures ar~ solid sided or slant sided and aid and privacy for the re~overing wildlife. Enclosures are all temporary structures. Nothing is cemented into the ground or pennanent. My wildlife area is currently separated by the neighbors by a four-foot chain link fence. The enclosures are inside this fence. We have sheds in the upper part of the yard. Yard tools and empty crates and things like that. The debris and other matter from the animals is routinely picked up and disposed of in accordance with city law pertaining to household and yard waste. There, I think, there has been a concern about noise. Most of the animals that I rehabilitate seldom make enough noise to be heard over an existing background noise in the neighborhood. Occasionally, there is an animal that is noisier than most. Usually it is very quiet. Precautions are taken for odors by the use of biodegradable deodorizes on a routine basis. And, I've researched this by contacting zoos, rehabilitation and veterinarian facilities to find products that are not only kind to the nose but also kind to the environment. Weather also plays a large part in how I take care of the smell. Cages are cleaned on a routine basis. For example, baby birds and animals, which are being care of on an hourly basis are cleaned once to several times a day. Animals receiving medications are handled daily, are cleaned daily. The large flight and wilding cages are cleaned less often as these animals are in a critical stage of rehabilitation that requires minimal human contact. I don't want to put the animal at risk of being habituated or myself at risk of being attacked by an animal that wants to get away. Even a squirrel can inflict a serious injury. However, it should be noted that a majority of the odor that comes from the yards in this neighborhood comes from the canal that runs along the back of the property. It is a tidal canal that has a pretty deep tide going from six inches to six feet in a twelve-hour period. So a lot of the odor comes from the mud off the mud flats. Over the years, I've had several animal control officers, game officials and other rehabilitators and the public come to my home to bring or pickup wildlife since they're usually unannounced, I don't have time to clean up or anything. They have never had a complaint about the odor. Wild animals in rehabilitation are not kept nor are they pets. All wildlife is released, after rehabilitation, back into the wild or relocated to other proper educational facilities if not releasable or mainly euthanized if neither of the above can be accomplished. The numbers of my animals vary from month to month. During the following winter, it is very low. All I get are injuries. During the busy seasons, spring and summer, there may be a large number of baby birds, mammals and pre-released animals coming and going to other rehabilitators that kind of thing. Since I'm licensed by government agencies, I must follow their rules. The Federal Fish and Wildlife Service limits the length of time a bird can be rehabilitated no more than six months without written pennission. The Gaming Department from Virginia does not limit the length of time that mammals or reptiles may be rehabilitated but typically it is not any longer than six months. Although some animals and reptiles may need up to a year, I have been consulted by the Virginia Zoo, the Virginia Aquarium, and the Virginia Living Museum about birds and their collections. I have given them non-releasable birds in the past. I worked with rehabilitators across the state in regards the care of water birds. Item #10 Lisa Barlow Page 3 I'm the only rehabilitator that I'm aware of in the City of Virginia Beach that specializes in raptors and water birds, such as herrings, pelicans and loons. I have received birds all over Virginia and worked very closely with animal control agencies from allover the area and ot~er rehabilitation organizations. The organization that I ~ working with right now Wildlife Response is currently looking to obtain a sufficient parcel of land so we can put a proper rehabilitation facility on it. Until we can find this piece of land, we unfortunately have to work from our homes. I provide a service to the community at no charge to any government. I have helped thousand of wild birds, mammals, and reptiles over the past 13 years. As any rehabilitator will tell you this is a thankless job, one without pay, loss sleep, emotional ups and downs, and patience who would just assume bite you on the rear end of the cage when you release them. I would respectfully ask the Planning Commission to approve my Conditional Use Permit so that I can continue to help wildlife. Dorothy Wood: Thank you Lisa. Would you please answer any questions that we might have? Lisa Barlow: Sure. = Dorothy Wood: One thing that I was concerned about was when we went out there was the fox. Young children were in the neighborhood. I know that foxes don't eat children but as far as biting them. Lisa Barlow: Right now, the chain link fence right, someone can get over it. We have put locks on all the gates. One reason is to keep the dogs leaving the yard and others to keep people from coming into the yard, which we have had done in the past. We haven't had any problem with children getting into the yard and doing that. Most of the children in the neighborhood know what I do. They realize they're not allowed into the backyard. Dorothy Wood: Are foxes dangerous? And some of the animals you have to be in the neighborhood? Lisa Barlow: Foxes are in every neighborhood in the City of Virginia Beach. Dorothy Wood: Are they? Lisa Barlow: Yes they are. They are very common. In fact, I deal a lot with foxes and local people. I receive several calls yearly about them. Ninety percent of them are not any danger to anybody. The ones that usually become a problem are the ones that are habituated. The fox, that I currently have at the residence was hit by a car about six months ago and she is still recovering from head injuries and if she doesn't recover, she will go to the facility. Other than that, there are other alternatives. Dorothy Wood: Thank you. Any questions? Barry. Item #10 Lisa Barlow Page 4 Barry Knight: Ms. Barlow. We have down here a condition that animal and birdcages shall be cleaned daily to minimize odors caused by waste. You say you're in there sometimes a couple of times a day. And everything gets cleaned once a day except for . the rapture birds that are in there because they are so d!ffigerous and you don't want to make them friendly to humans. Could you maybe elaborate on that just a little bit because if that is the case, if we proceed forward, I may suggest that animal and birdcages shall be cleaned routinely. If you clean all the cages on a routine basis everyday, explain to me about your rapture birds again. Lisa Barlow: Basically, raptures are different than songbirds obviously in the fact as they grow they have different stages where they're young, if they're young. You have to be careful not to imprint them. This happens with baby birds. Not with the adult birds. Adult birds will revert back to wildness after they're rehabilitated. To go into a cage with hawks is not necessarily the easiest thing to do. The animals are going to be scared of you and rightly so. And as they fly around the cage, you run the risk of having one accidentally run into you, that kind of thing. They don't really come after you. They're trying to get away. , Barry Knight: If we do happen to go forward and we put in there routinely clean the cages, you know as a rehabilitator you want to get the waste out of there as soon as possible. Lisa Barlow: Correct. Barry Knight: Can you minimize or keep the odors at a minimum if you don't clean the raptures? Lisa Barlow: Yes. Barry Knight: Okay. Just clarification. Thank you. Dorothy Wood: Gene. Eugene Crabtree: I'm concerned with the fact that you're keeping animals there that normally would be approved in a normal neighborhood in a community. Now, we can't, for example, keep chicken with a rooster. We can't keep eagles to a fann animal. And I'm concerned in a residential neighborhood that you have wild animals, which are some large. Some large enough that they would fall into the realm of someone not be able to keep even a domesticated animal of that size. I think what you do is tremendous but I think as she said you're looking for another site. I think it would much better in an agricultural rural area if that can be provided. The second thing that I'm concerned with is runoff into that waterway in back of you. Even though it is tidal water and it comes up, when you clean your cages and you clean your facilities, there has to be some runoff. There is no way it can be kept from the waterways. What are you going to do or what can Item #10 Lisa Barlow Page 5 be done to prevent from contaminating that waterway with runoff from your cages if we approve to have you continue this operation? Lisa Barlow: Basically, the way the I cleaf!. the cages now is that I go in and I clean up the waste. Eugene Crabtree: What do you do with the waste? Lisa Barlow: It gets bagged up and it goes to the landfill with the rest of the yard waste. If I have geese, that would go for that to. I have limited myself in a lot of species because I want to make it a little more "friendly" for everybody. I don't do as many ducks and geese like I use to do because of the feces and stuff like that. Eugene Crabtree: Do you hose down the area? Lisa Barlow: No. I usually go out and use the pooper-scooper like you do for the dogs. Pick it up and bag it. So it is lifted off the ground and put into a bag. Eugene Crabtree: I am concerned about this being in a neighborhood versus a rural area. = Lisa Barlow: I am to. And as my reputation as a wildlife rehabilitator goes, I keep getting more and more animals and it would be ideal for me to be able to go an agricultural area. Eugene Crabtree: I understand that. I have no problem with the squirrels, birds and things you get in the spring are the small animals. The problems that I have are with the large raptures like the owl we saw, the red tail fox, and the raccoons. Those types of things concern me a little bit more. They are not suitable in that neighborhood. Lisa Barlow: The ideal facility would be specifically for rehabilitation and that is what my rep is going for. Dorothy Wood: I think we have some other speakers Lisa if you don't mind? Joseph Strange: Can Ijust ask one question? Dorothy Wood: Sure. Joseph Strange: Did you any specific plans for timetables to move? Lisa Barlow: First we have to find a piece of property. As soon as we find the property it should be in a shorter amount of time to get everything. Finding the property is the main problem. Item #10 Lisa Barlow Page 6 Dorothy Wood: Thank you. Joseph Strange: Speaking in support is Rebecca Cattani. Rebecca Cattani: Good afternoon. Ed Weeden: State your name for the record. Rebecca Cattani: Oh, I'm sorry. Rebecca Cattani. Dorothy Wood: Welcome Ms. Cattani. We're happy to have you. = Rebecca Cattani: Thank you Mrs. Wood. As a wildlife rehabilitator and a friend, I have been to Lisa Barlow's residence, the time frame ranging this year between March and November. During the height of baby season, as we call it, which is between April and August, I was there from early in the morning sometimes and as late as 11:00 pm at night with different wildlife to either pick up, drop off, or have looked at. Since Ms. Barlow is actually quite well experience more so than myself. During that timeframe, not only have I have not smelled any odors from her yard, but the noise level has never been an issue. The only issue was when I was playing with one of the dogs and he started barking kind of loudly. She crawled back quickly. Most of the animals that she has in her care have not made any loud noises when I was there. And as for the smell, the only time that I smelled anything was when it was low tide and it was a very familiar smell as I grew up on the Elizabeth River and low tide was always a peak part of the day during the summer for everyone to go inside. I spoke with Ms. Prochilo from Planning today just a few hours ago and she specified that as long as there is no income made that there might not be a reason to have a Conditional Use Permit. She said there would be other factors (for Conditional Use Permit). I can guarantee you that my husband sits there on a bi-monthly basis and says that the money that I'm putting out could easily buy us a nice track of land. Rehabilitation is very costly to us. And, we choose to do this even though we educationally and economically of difference in backgrounds. We perform a service to our city and our state. We take time away from ourselves, and our families, which my boys can attest for to educate the public in regards to habitat and characteristics of our wildlife so that they may appreciate our wildlife instead of fearing them. , Dorothy Wood: Thank you so much for coming. Rebecca Cattini: What you decide to today, is not only going to affect Ms. Barlow, it is also going to effect 38 others in this city and the ones that are coming behind her. Dorothy Wood: Thank you. Joseph Strange: Also speaking in support we have Deborah Michaelson with the Norfolk Animal Protection Item #10 Lisa Barlow Page 7 Deborah Michaelson: That's Deborah Michaelson. Dorothy Wood: Welcome Ms. Michaelson. = . . Deborah Michaelson: First of all, I would like to thank you for allowing me to come up here and speak. I may get a little emotional. Ms. Barlow has worked with animal control in Norfolk for the past eight years that I've worked there. She has given her time willingly and we don't have any rehabitators in Norfolk that we are able to use. The rehabilitators in Norfolk, we have never seen that have had the quality of service that she has been able to provide to the animals. Our officers go over all times of the day and night to drop off animals for her. She has never turned anything down that we've had. I've also been with her. She has come out to assist me on calls for service to pick up animals that I, myself have felt alittle uncomfortable with. I've heard some questions regarding the animals that are in different neighborhoods. And as an animal control officer in the City of Norfolk, which does not have as much rural area as Virginia Beach does, I can tell you that we have had some of these animals that people don't realize are in their neighborhood are in these neighborhoods. I've picked up a fox with Ms. Barlow's help from downtown Norfolk underneath the Scope parking lot. I've picked up owls in people's backyards and different animals you wouldn't believe that were actually living as neighbors in these neighborhoods. We have gone over there on numerous occasions. I've never had any complaints on animals. We have actually sent citizens as well over to speak with Ms. Barlow, and citizens come back and tells us what a wonderful place and how well she does with the animals, and the fact what a good thing she is doing. I feel though, if we are unable to utilize Ms. Barlow's services that animal control in Norfolk will probably ending up having to euthanize more than 75 percent of the wildlife that we pick up, which to me is a horrible thing and I think that citizens that we serve in Norfolk as well would consider that a horrible thing. So, I would really like to say that I believe what she is doing is a wonderful thing and I think that she does a great job at it. And does it to best of her ability with the animals that are given to her. Why some animals, people don't understand. Dorothy Wood: Thank you. Is there an ordinance in Norfolk against having wildlife rehabilitators in the neighborhood? Is this why you don't have it? Deborah Michaelson: No. There is no ordinance. It's just a lot of people aren't trained. They go through different stages as well. Some of the animal rehabilitators that we have only rehabilitate only small birds, squirrels. We've actually had some problems with some rehabilitators that we've actually wanted to take actions against because they don't provide the quality of care that we expect. There are not many people out there that are willing to devote that much time and that much of their own money for something that they're not going to get anything back other than the satisfaction that they helped wildlife. Dorothy Wood: Thank you so much. Item # 10 Lisa Barlow Page 8 Deborah Michaelson: You're welcome. I think we have some people in opposition. Then we'll open it up. Joseph Strange,: Speaking in opposition, we have Russell and Bryan N~deau. Dorothy Wood: Hello. = Bryan Nadeau: Hi. My name is Bryan Nadeau. I am the son of the immediate neighbor to the right of the residence in question. I actually grew up in this area in that house for 25 years and can first testify that the odor that comes from that area am familiar with. I actually drove to Virginia last summer with my children from Missouri and it was in the middle of August. The odor was much different then it was before. Ms. Barlow had started rehabilitating several years ago when I was still living at the residence. And it wasn't to the magnitude that it is today. She has foxes, raccoons, owls, pelicans, hawks, and pigeons all around the area. I think there were photos that were shown to you this morning at the staff briefing. I have additional ones if you care to look at that show a little more detail of the area. I know the animals are going to get loose. My mother has on occasion gone out to the clothesline and the fox sat underneath the clothesline. She is not familiar with that animal. She doesn't know what it is going to do. So, she comes in the house and either calls my father or tries to get a hold of the neighbor to say, the animal is out it needs to be caged back up again. Some of the birds, once they are released end up back. Ms. Barlow's father has come over and retrieved the birds, then made the comment "we let you go, you're not supposed to be here again". Well, they get used to being cared for and feed and they're going to come back. When I spoke originally with Ms. Prochilo back in August, I was very surprised that the current condition is in violation of City ordinance. And that the animal control facilities for both Chesapeake, Norfolk, and Virginia Beach continue to bring animals exceeding the limits of what they are suppose to have. I believe it four animals were the limit. And I was honestly surprised that those organizations would knowingly come and contribute to the problem. Basically, my parents concerns is the odor, the noise does get excessive at times, the owls at night screeching, the hawks and so forth. No one wants to discount what Ms. Barlow is doing. She is doing a fantastic service for these animals and the community. But as you can tell, it's a very close residence and it really is not the place for it. And that is all. Thank you. Dorothy Wood: Thank you. Yes. Would you answer Ms. Anderson please? Janice Anderson: Thank you. When you said you lived there before was she keeping care ofless animals on a smaller scale, and then you didn't notice anything? Now she's turned the volume up? Bryan Nadeau: It was fewer animals in the early 90's, I think she started in 1992. I moved out of the residence in 1994. We would come home to visit and some things and it just wasn't as evident. It wasn't to the scale. I had actually been away for a year when I came back in August and was kind of shocked at the number of cages. I think foxes Item #10 Lisa Barlow Page 9 were the ones I haven't seen on the property before and my parents telling stories of those things. On occasion feeding habits include bringing in animal carcass and laying them in the backyard and letting the birds pick at them for several before they disclose of the body. And I don't think that is an appropriate environmeI?-t for a neighborhood. Janice Anderson: If she did it back on a smaller scale and started with the birds and maybe not with the larger animals, what direction would you recognize? Bryan Nadeau: I think with the conditions that are defined with a smaller scale it's a matter of what's that is going to be. Is it still going to be noisy and so forth? Janice Anderson: Okay. Thank you. Dorothy Wood: Did you say that the foxes had gotten out and gotten to your parents? Bryan Nadeau: The fox, on one occasion my mother had told me that the fox was actually underneath the clothesline, I believe. Dorothy Wood: Your mom was out? = Bryan Nadeau: Yes, which is the immediate property to the right? Dorothy Wood: Thank you. Is there anyone else? Joseph Strange: Not unless Russell wanted to talk? Russell Nadeau: Councilman. The name is Russell Nadeau, 948 Morgan Trail. When you look out your window and you see a half a deer laying down in the backyard where it has got hit by a truck or something and you bring it on over. This is in the wintertime. And you see about 20 buzz~ds floating around your yard in the air or you go out there in the summer time when its hot, the sun beating down, fish that they get from ODD that they throw out there for the seagulls. You know what fish smells like when heat hits it. It smells really rotten. Then when you got seagulls in the backyard and these hawks get out, the hawks are hungry. That seagull-down there and now the hawk is hungry. That seagull is gone. Or I go down my backyard and I see bones of pieces of animals that have been eaten by hawks or my wife goes to hang up clothes and there is an owl in the pole. She doesn't know if that owl is coming down. She runs back into the house. Or she looks outside and three raccoons down the tree down in back. Now when raccoon bites you got rabies. There is no doubt about that. She has a dog. A dog that barks and barks, and barks and we've talked to her about it. I've talked to her about it and she says, well you got to do what you got to do Mr. Nadeau. That is going to swear out a warrant for this dog. Now the reason why we haven't made a complaint long before now is because we're neighbors and nobody wants to stir up a lot of stuff. But it gets to the end where you're about here. Once you smell that stuff since 1992 when you got a pool out in your Item #10 Lisa Barlow Page 10 backyard and can't enjoy it. The value of my house is going down and you can put a fence in there as long as it up to the ceiling. You're not going to stop that odor. Thank you very much. Dorothy Wood: Are there any questions for him before he leaves? Ronald Ripley: Which house does he live in? Dorothy Wood: Would you please use the pointer and show Mr. Ripley your home? Russell Nadeau: My home is right there. Dorothy Wood: I think we used your driveway when we came to tour it last week. Donald Horsley: Do you have a Volkswagen? Russell Nadeau: Yes. I still got it. Barry Knight: Does it have a dent in it? = Donald Horsley: She was driving. Dorothy Wood: Thank you sir. Russell Nadeau: Thank you. Dorothy Wood: Lisa, would you like to say a rebuttal please? Lisa Barlow: Sure. I'm not going to deny what Mr. Nadeau had said although he has exaggerated some of this a little bit. On an occasion back when I first started rehabilitating there was a deer carcass that was placed down so that the vulture that I was rehabilitating that could not fly could eat. And because he was the rest of them came in. Once the vulture was gone that was not an issue any more. There was a fox that did get out one time and it was unannounced to me because the gate wasn't locked. She got out and I was able to capture her and put her back in her cage. And there was one time when an owl was sitting on her clothesline. Yes. That does happen. These are three incidences in 13 years. I hope that this will not cloud what the big picture is here. These animals are kept in locked cages now. The cages that I built this winter is modified so that they can't get out in any way shape or form unless a hurricane knocks it down, which it didn't happen. So, I hope that you guys will take into consideration the conditions that are placed on this pennit I think it would help a lot, and the practice under the practices that I do in the past are not done now, as I am now more professional. Dorothy Wood: You wouldn't have any more large carcasses in the back? Item #10 Lisa Barlow Page 11 Lisa Barlow: No. I haven't done that. Dorothy Wood: Would you please answer questions from the Commissioners? Mr. Ripley. Ronald Ripley: Yes. I support what you do. I think it makes a lot of sense. But I have some questions to ask you. I would like to see how this goes. How many cages do you have back there now? Lisa Barlow: Eight large cages. Six flight cages and two animal cages. Ronald Ripley: If somebody brings you, the lady that was here from the animal control, brings you another animal do you create a new cage for them if you need to? = Lisa Barlow: No. I use existing cages. Basically, on intake depending on what the animal is it goes into a large dog crate, a confinement cage for lack of a better term. It stays in this confinement cage as long as it need so to recuperate from whatever issue it has. If it has surgery it stays in the confinement cage until the bandage is ready to come off and then it goes into the flight cage. These animals are rotating on a routine basis. So, if I get a new animal that just needs a few days in the flight cage because it is just thin because it just needs medication, it goes immediately into the flight cage. These flight cages are large enough to hold several animals. Ronald Ripley: Have you added new cages say in the last year? Lisa Barlow: Just the one large flight cage. Ronald Ripley: How about two years? Lisa Barlow: Two years ago? No. I don't think so. Ronald Ripley: A lot of times in Conditional Use Permits we limit the use. Sometimes that if the use get too big you get problems with the neighbors and we're hearing the neighbors complaining. We need to be respectful for their rights. What would be a reasonable number of cages to be out there that you could operate? Lisa Barlow: Basically, what I have now would be adequate. Ronald Ripley: Could you operate with less is my question? Lisa Barlow: Probably not. I was strained when I replaced the older cages that I had because they were ten years old and they were coming apart when I put in this flight cage this gave me the adequate space that I needed. r Item #10 Lisa Barlow Page 12 Ronald Ripley: My initial reaction and this is just me speaking, because when I saw the backyard and sawall the cages, we would have never saw them unless someone had asked us to come out there. I've seen some backyards full of automobiles, junk. We wouldn't have seen your backyard if somebody hadn't complained. My initial thought was that if it could be more professionally redeveloped. The cages? You talked about moving them so setbacks meet the City's regulations but would you be agreeable to replacing and/or redeveloping the cages to meet the Planning Department's conditions? Lisa Barlow: Yes. If we have some input as to what we need. Sure. We want to work. Ronald Ripley: Would you be willing to downsize it a little bit? Lisa Barlow: Unfortunately, the State and Federal have guidelines that I have to follow. So the cages have to meet that minimum standard. And I can show the Planning Commissioners. Ronald Ripley: You mean the size of it for a bird? A certain size or something like that? Lisa Barlow: Yes. I have to follow guidelines. = Ronald Ripley: Would you be willing to have less cages total? Lisa Barlow: If I have less cages, I can't put owls in with hawks. Do you see what I am saying? One cage has owls in it and one cage has hawks in it. You put them together somebody is not going to be there in the morning. Ronald Ripley: Right. Lisa Barlow: But so basically that is how everything is separated. Ronald Ripley: You have eight. Could you live with six? You're saying no and I respect that. I'm just trying to see if something could be done with the intensity? . Lisa Barlow: Pennit me immensely even to the raptures that I could do. If we wanted to limit me to just raptures, it would limit the types of raptures that I could do. I could sit down and talk to you in great length about what's involve. Ronald Ripley: Thank you very much. Dorothy Wood: Are there any other questions? Mr. Miller? Robert Miller: One of the things that I'm sitting here trying to understand is the other lady said there was 38 other persons in Virginia Beach? Item #10 Lisa Barlow Page 13 Lisa Barlow: Yes. There are 38 other rehabilitators, licensed rehabilitators in Virginia Beach. Robert Miller: Good luck guys. You will be seeing 37 more of these. Lisa Barlow: Probably all but two don't live in the agricultural area. Robert Miller: So only two live in the City in the urban area. Maybe this may seems nonnal to you but where is the ASPCA in this concept? Lisa Barlow: The ASPCA is a domestic animal entity. They do have a wildlife rehabilitation program, however, their wildlife rehabilitators do the same thing I do. They rehabilitate out of their backyards. Their neighborhoods are just like mine. Robert Miller: Okay. How about the Norfolk Zoo? Lisa Barlow: The Norfolk Zoo can't have a rehabilitation program because it will endanger their collection and the same thing with the aquarium and with the Living Museum. You can't house rehabilitating animals with collections. = Robert Miller: These are some of the things that none us would know. Lisa Barlow: I'll be happy to answer all your questions. Robert Miller: The odor issue seems to be maybe. It sounds like you established a way to keep the animals inside the facilities. What about the odor? That during the summer, and I understand the mud flag. I lived on water and I understand that. Lisa Barlow: It's like Mr. Nadeau says fish do smell when they're out in heat. I have tried this year to limit the time that I go out and feed the birds to dusk when it is cooler. I have found new deodorizers, as I said before that help control that smell by using enzymes to kill, basically break down the particles and the small and everything. And they are all biodegradable. They don't harm the environment. They cost an arm and a leg but I'm trying to help. I have altered the way that I have to rehab so that I can be a little more people friendly as far as the neighbors are concerned. Unfortunately, if you think just about this year as opposed to the last 13, you're going to think about a lot of bad things. Robert Miller: Last summer, how many did you have at anyone time? The maximum? Lisa Barlow: Last summer? Robert Miller: Maximum. Last Spring? Pick a time. What's your maximum and how many were there? Item #10 Lisa Barlow Page 14 Lisa Barlow: Probably 60. Robert Miller: Sixty? Lisa Barlow: Different species. Different sizes. Robert Miller: Six - zero? Lisa Barlow: Six - zero. I know a songbird breeder who had 500. Robert Miller: And these were primarily birds? Lisa Barlow: Yes. I deal mainly with birds. I know duck rehabber who had 300. And like I said before, I tried only with ducks and geese because of the smell from the ducks and the geese. Robert Miller: Thank you. Dorothy Wood: Mr. Horsley and then Mr. Strange. = Donald Horsley: You say that you had 300 ducks in your backyard? Lisa Barlow: No, I didn't. Someone else did. Donald Horlsey: In the backyard? Lisa Barlow: In various areas of their house. Yes. We're talking about baby ducklings that are no bigger than this for the most part. Donald Horsley: I understand that. I think back to this and I admire you for what your doing. There is no question about that but I remember hearing here about five years ago. We had a case in the agricultural area where these people wanted to have, I think ten dogs and they had to come in for a Use Permit for ten dogs in the agricultural area to put in a kennel. Here you got all of these animals in a residential area and I can understand the people's problems. Lisa Barlow: There is a limit to dogs? Donald Horsley: It appears to me that maybe we may have to limit to other things also if it is going to be in a residential areas because right here on the waterway. I mean, I know you do a good job. I'm in the livestock business myself. We do a good job. Mr. Knight does a good job but people still say you got problems. But the animals that you're talking about even though they're small birds, small birds get to be big birds. And the foxes, I just think you're just really over loading your site is what's happening. I think probably Item #10 Lisa Barlow Page 15 back in years when you first started you weren't top the magnitude that you are now. Now things have grown and maybe something irritated somebody. It just appears to me that you may be a little bit large for what you are doing. Dorothy Wood: Thank you. I don't think you and Mr. Knight rehab your animals though. Donald Horsley: Oh we try because it means dollars to us. Dorothy Wood: Why couldn't you have this behind the animal control on Leroy Drive? That's an agricultural area. Lisa Barlow: We've never approached. Dorothy Wood: Wouldn't that be a good idea to have it there? Lisa Barlow: It would be a wonderful to have a facility in an agricultural area. Our problem is that our wildlife group is non-profit. We don't make a profit. We don't have any funds. We barely get by with what we do. = Dorothy Wood: Okay. Mr. Strange is next. Joseph Strange: How about an organization like PETA, People for the Ethical Treatment of Animals? Do they not help you with this type of things? Lisa Barlow: They bring us animals. Joseph Strange: They don't give you any money? Lisa Barlow: No. Joseph Strange: This kind of falls under the category of no good deed ever goes unpunished. Here you are basically providing this service and we're kind of forced to sit and judgment over somebody who is doing something that none of us would probably do for these animals. But, having said that, I mean, surely you understand that this is a residential area. And it would seem like, to us, but there so many organizations out there like PET A, who obviously has lots of money because of where they're situated on the waterfront down there. All the billboards you see. It should seem like there should be enough money out there for you to be able to find a facility that doesn't disrupt the neighborhood. Lisa Barlow: There should be. Item #10 Lisa Barlow Page 16 Joseph Strange: Me personally, I think I could vote for you to stay where you're at for a limited period of time until you could find a more suitable place. But for you to stay there unlimited, I don't think I could support that. That is kind of where I stand. Dorothy Wood: Mr. Knight and then Mr. Crabtree. Barry Knight: I think I pretty much concur with the rest of the members. We think your doing a wonderful job. But it may be too much right now for this particular place. But you are going to come up for an administrative review in a year. I feel fairly confident. You have a lot of over sight with the feds and everything but the city is probably going to keep an eye on it also. So, my suggest would be try to minimize the number of animals that you have and know that it is going to come up for administrative review in a year, which may get kicked back to us. It may be a different Council when it goes to them. I would just suggest you minimize your number of animals. I think your time is probably very limited to that site. When Mr. Crabtree is done, I'll make a motion or he can. = Eugene Crabtree: I commend you on what you're doing. I myself have used animal rehabilitators, of which they would bring us anirnals in the neighborhood and we have in turn. I have animals. I got a wild rabbit that lives in my yard. It has been there all summer. I think they're great. Ijust don't feel comfortable with your operation being in a residential neighborhood. I will agree with reservation with Mr. Strange that I would be agreeable for you to stay there for a limited period of time in order to find something else. And, I also agree with him that there should be some organization or something for the City of Virginia Beach Animal Control, ASPCA or who or a private enterprise that should be able to aid your rehabilitators in order for you to move out of residential neighborhood. With reservation, I would probably support you staying there for a limited period of time. But I am against this operation being there in a residential neighborhood. Joseph Strange: I don't a one-year review is strong enough though. I think there should be a limit put on it period. No review. You got to be out of there at a certain period. That would be my reasoning here because if you just say one year review, what does that mean? You're going to be back here listening to the neighbor again? Ijust don't think it has any place to be there a year from now. I think a year from now it needs to be gone. Dorothy Wood: Is that in a form of a motion? Joseph Strange: Yeah. I would make a motion that we approve it based on a one-year limit. Dorothy Wood: Ms. Anderson. Do we have a second to the motion? Donald Horsley: I'll second it. -Item #10 Lisa Barlow Page 17 Dorothy Wood: We have a motion by Mr. Strange and a second by Mr. Horsley. Ms. Anderson. Janice Anderson: Yes. I've heard everything. I believe in this case Ms. Barlow is an expert in her field but I believe she has heard what she has before her. There is a noise problem and there is a smell problem. There is an excess of animals at her home. Hopefully, she understands these issues and I am confident of an administrative review of a year because I am sure that if these issues are not cured that it will be back here and I'm sure there is not going to be a question on the decision at that time. But, I would like to make an alternate motion with the conditions that we have before us on administrative yearly review just based on the information that she has gotten, her experience in the field, and with the understanding that all these issues should be corrected immediately. And also, as you stated I would get your organization to look for alternative site because you can't keep that volume at your home. Dorothy Wood: Ma'am? William Din: I'll second it. = Dorothy Wood: Okay. The substitute motion has been seconded. I'm sorry ma'am. We're getting ready to vote. Is there something new that you wanted to add? Rebecca Cattani: I have a question. Dorothy Wood: You have to come up front? Please make it quick because we have a long agenda. .; Rebecca Cattani: I understand. What are we suppose to do as rehabbers when you as the Planning Commission have made all these areas where wildlife lives and now you got homes there? Dorothy Wood: Ma'am, we really can't talk about that. Rebecca Cattani: What are we suppose to do? Dorothy Wood: I'm sorry ma'am. Rebecca Cattani: We're having these animals come in so many more than ten years ago because there is no place for them to live. Dorothy Wood: We do land use ma'am. We aren't really wildlife rehabilitators but I appreciate your question. Item # 10 Lisa Barlow Page 18 Rebecca Cattani: I understand that but it's your votes that have put us in this position today. Dorothy Wood: Thank you. M~. Miller. Robert Miller: There are a couple of things that I want to say because I want to make sure that you understand. what we are asking you to do. Do you understand that these requirements will include and if your neighbors are upset about odor in a year when you come back here, like Jan just said, you're not going to have good news. . Lisa Barlow: Right. I totally understand. = Robert Miller: And I think one of the things that I was just curious about and if there are truly, and I believe you said and I believe there are 38 other people who do this in our city and some are in the agricultural area. I think you need their help maybe to supplement what you're doing. I have foxes in my neighborhood. I have possums. We have all kinds of animals and birds and I'm confident that what you said what the young lady just said a minute ago that there is a tremendous need here. I also think, Bob maybe there is something that our staff within the city government somewhere, has a responsibility to be able to help with some of these needs. It just seems like a loop in the process we are missing. I don't want wild animals out there that are hurt and wandering around the neighborhoods. That's counter to all of us. And what you're doing and what your friends are doing is a very great service. I think we all agree with that. I'm not expecting an answer. I would just recommend that we have somebody on staff. Robert Scott: We can do that. I think there are some things that we can do to work. I don't think this situation is unique. Robert Miller: No, it doesn't sound like it is. Robert Scott: I think there are some things that we can do. Maybe some of this activity with certain types of species can be limited to some numbers. Robert Miller: One thing we need to do is write the City of Norfolk and tell them to get a facility of their own. Lisa Barlow: They don't have any land for one. Robert Scott: I think the others would not. And I think there might be some other things that we could do and set some parameters. We would be happy to do that. Dorothy Wood: Thank you. Mr. Ripley. Ronald Ripley: I was going to add this to the motion but I just will go with what you Item #10 Lisa Barlow Page 19 proposed. But I would like to see the applicant try to redevelop those cages a little more professionally. And I would like to see them reduced in quantity if at all possible. I think the intensity is a big part of their problem and if you reduce that, it will go a long ways to staff seeing that things have actually downsized some. Maybe the neighbors will get a long a little better with the idea of what's going on and hopefully you can proceed to do what you do well. Dorothy Wood: Mr. Waller. John Waller: I'm not quite sure what we're voting on. Dorothy Wood: Ms. Anderson, would you please give your motion. = Janice Anderson: Let me see if I get this right John. Okay. On my alternate motion, I'm placing for a motion to approve on the conditions that we have already outlined here that she is going to put a privacy fence in, position the cages back to the requirements of the zoning setback. Put in an organic mulch beds to try to take care of the waste. The cages be cleaned on a daily basis to minimize the odor and that there be an administrative review, I think what she heard today is that these items and concerns of her neighbors need to take care of and there is an administrative review and if they're not, it is very clear that her Use Permit will not renewed after the year if those items are not addressed. Also it was suggested that they look for an alternate site and in between that time because the volume is too heavy. I think she has recognized that. I'm sure that she wants to stay as a rehabilitator at this resident but at a smaller scale. . Dorothy Wood: Do you have something to add Lisa? Lisa Barlow: I have a question about the setback requirements. Dorothy Wood: I think Ms. Lasley can help you with that. We do have zoning and it will have to be moved. Lisa Barlow: And Number #4 was cleaned daily. Dorothy Wood: I believe that is in it the ordinance that they want it because of the odor, unless we have another substitute? Barry Knight: I'm not going to substitute. I think she will clean this daily or as much is needed. Dorothy Wood: We have several motions. Let's vote on the substitute motion and if you want to tell us your motion again? Jan's is a one-year administrative review. Ronald Ripley: If you approve Jan's, you approved the application. Item #10 Lisa Barlow Page 20 Dorothy Wood: Okay. Ronald Ripley: Correct? Kay Wilson: Correct. We're voting on Jan's first. Dorothy Wood: This is to let it go on but with a one-year. review. AYE 6 ANDERSON AYE CRABTREE DIN AYE HORSLEY AYE KA TSIAS KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE WALLER = WOOD NAY 4 ABSO ABSENT 1 NAY ABSENT NAY NAY NAY Ed Weeden: By a vote of 6-4, the substitute motion has been approved as conditioned with an administrative review after one-year. Dorothy Wood: Thank you. I'm sure if you talk to Ms. Lasley, I'm sure she can tell you what the zoning requirements are. Lisa Barlow: Thank you. Dorothy Wood: Thank you and good luck. /-// ............... ,,//"- -./::. Ç...Cl ,<2j~~""',rv""~1 ./: /....-i...; ,/\:J ~.., /' I, I v'r . - ,/~' ../ ~-(.."'--' ,.",-,~", /// . ?<~ l3~i. ¿/;-.-/;<3 i~,' //~).,,~ A~ i ~:P. Do S- /~ j/ä t? 4tn1ui..; : // "-. ./ /1 T'l .j / /' ,.J tl/!/I/l., tt../~~: U-.' /~ ... '¿¿-~.14/Ì.A4../f....ð '.~~ -f-'J /1 J ' 'Ii ì /) /1 , I ,,1/ -""10 ,..,- -/ /,), f~" v"tV 6t/~" .,.1 .,'~, - .. /{¿,,¿".,'~1c...; /. T / t7' UD ~~ /'. O...~ /1t<!J2;:PV(...,' ~ . 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Johnson - Conditional Use Permit (home day care) MEETING DATE: January 24,2006 . Background: An Ordinance upon Application of Pamela J. Johnson for a Conditional Use Permit for a home occupation (daycare) on property located at 3005 Redbud Court (GPIN 14970393810000). DISTRICT 3 - ROSE HALL . Considerations: The applicant requests a Conditional Use Permit to allow a home day care operation. The applicant has been operating the day care for several years with no knowledge of the requirement for a conditional use permit. Upon request for renewal of her family day care license from the Virginia Department of Social Services, she was informed of the local requirement. Hours of operation for the day care are 6:30 am to 7:30 pm, Monday through Friday. She is requesting to be allowed to keep up to 12 children. There are two employees who both reside in the home. The Planning Commission placed this item on the consent agenda because they felt that it is an appropriate use for the site, staff recommended approval and there was no opposition to the request. The proposal is in conformance with the Comprehensive Plan's recommendations for this area and will provide a needed service to the surrounding established residential community. The site is located adjacent to a City park, which is a positive asset for a day care home. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following condition: 1. The applicant shall complete any modifications to the structure deemed necessary by the Permits and Inspections Division of the Planning Department to meet current residential sound attenuation requirements. Pamela J. Johnson Page 2 of 2 . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~ ~ 'ðß~ ~- PAMELA J. JOHNSON Agenda Item # 11 December 14, 2005 Public Hearing Staff Planner: Barbara Duke REQUEST: Conditional Use Permit for home day care ADDRESS I DESCRIPTION: Property located at 3005 Redbud Court GPIN: 14970393810000 COUNCIL ELECTION DISTRICT: 3 - ROSE HALL SITE SIZE: .24 acre SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a home day care operation. The applicant has been operating the day care for several years with no knowledge of the requirement for a conditional use permit. Upon request for renewal of her family day care license from the Virginia Department of Social Services, she was informed of the local requirement. Hours of operation for the day care are 6:30 am to 7:30 pm Monday through Friday. She is requesting to be allowed to keep up to 12 children. There are two employees, both reside in the home. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family home 1-264 Single-family homes / R-7.S Residential District City park I R-7.5 Residential District Single-family homes / R-7.S Residential District SURROUNDING LAND USE AND ZONING: North: South: East: West: . . . . NATURAL RESOURCE AND CULTURAL FEATURES: None AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana. The Navy AICUZ Officer has reviewed this proposal and has determined that it is conditionally compatible if measures are taken for noise level reduction. PAMELA JOHNSON Agenda Item-ff 1.1 Pag~1 The Comprehensive Plan recognizes this area as being within the Primary Residential Area. COMPREHENSIVE PLAN Staff recommends approval of this EVALUATION AND RECOMMENDATION request subject to the conditions listed below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area and will provide a needed service to the surrounding established residential community. CONDITIONS 1. The applicant shall complete any modifications to the structure deemed necessary by the Permits and Inspections Division of the Planning Department to meet current residential sound attenuation requirements. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. 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. P AMEbA JOHNSON Ag~ndaltem 11 . 'Rag.. e2 ,""'. ',m' iCC/""'" ","", ,,' AERIAL OF SITE LOCATION ~, " PAMELA JOHNSON Agenda Item'~11 'R€I~~,3 z~,"""', 0,""",<1>1" tJ>~.i.c¡ri.?' ~ ' ~", ~ri'{ 0- ""')CtI ,"!t ,.-g ¡¡ji~ :E« -( c. r " : í '!' ' ' , ! , f , '.- ! t I i ! ,\ ; iZ è;Ci ...J ':" a.' w I- ëñ c w en 0 a. 0 a: a. . i PARCEL A N 08' . 52' . 17H E: /40.4J' j I ¡ l , ' 1 , } , I. I i , f ! ! t . t ~ ...._---, 112 ~.. ,OJ' !U7' !) !:! II!,JJ' I j IIJ ~I h :f 8 ~ 0 ~ 0 0 - , , Qj ",1'-0" ~ Ii) ,~' r JI.5Q' ~ 1/3 ..' III REDBUD ~OTE~ : . ~QT ¡E/tYED 8Y CITY ~£WE" AHO WATE" ~. IiI.£V /JAMID Off U.C. ANt) 0, ØAT~ ' ~. LOT qR~O Qtf TH,s PI Af!l11 "" COURT (f>O' Map H-7 Mop Not to Scole I-I There is no zoning history to report in the surrounding area. ZONING HISTORY - . P AMEbA JOHNSON Agenda Item}~.1.1 . . R~g~5 E 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) Pamela .Johnson 2. List all businesses that have a parent-subsidiary' or affiliated business entitf relationship with the applicant: (Attach list if necessary) I D Check here if the applicant is NOT a corporation, partnership, firm, business,or other unincorporated organization. N/A 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-subsidiari or affiliated business entitý2 relationship with the applicant: (Attach list if necessary) I D Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ' 1 & 2 See next page for footnotes Corn!itíonal Use Permit Application Page 9 of 10 Revised 9/112004 z 0 I I r . ð II I I 1 ~ ~ III ~ ~ J:Lc ~ ~ I~ ~ I <-~ I I r . I I ~ Z 0 c :) PAMELA JOHNSON Agenda Item)1#11 8~g~,:6 z C> I I r . ~ J I J , r=&-c ~ r t ~ ~ Ø-4 ~ ~ p ~ z 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 I I sign on the subject property at least 30 days prior to the scheduled public hearing r t according to the instructions in this package. I I-~C~~~ ~ Applicant's Signature Z C> t-' ~ DISCLOSURE STATEMENT ~ ------.-- ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) Prescription Cut Lawn Service Maria Evans - Tax preparer 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, resoùrces 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. Pamela J. Johnson Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 9/112004 PAMELA JOHNSON Ag~ndaltem?,",11. R~g~7 Item #11 Pamela J. Johnson Conditional Use Permit 3005 Redbud Court District 3 Rose Hall December 14,2005 CONSENT William Din: My next item is Item #11. This is Pamela J. Johnson. This is an application of Ms. Johnson for a Conditional Use Pennit for a home occupation (daycare) on property located at 3005 Redbud Court in the Rose Hall District and there is one condition associated with this item. Mark Valentine: My name is Mark Valentine. I represent Pamela Johnson in reference to the Conditional Use Pennit for home daycare. I have read the conditions and agree with them. William Din: Thank you Mr. Valentine. Is there any objection to placing this item on consent agenda? If not, Mr. Gene Crabtree will explain this item. Eugene Crabtree: This applicant has been running a daycare for several years without knowledge of needing a Conditional Use Pennit and in the process of renewing license was infonned that they needed a Use Pennit. It confonns with the Comprehensive Plan for that area. Staff recommends approval. This is on a street that is back in the back of a section that is rather secluded and is a very proper area for a daycare and therefore, we put it on the consent agenda. William Din: Thank you Gene. I'd like to make a motion to approve the following consent agenda item. Item #11 is Pamela J. Johnson. This is an application for a Conditional Use Permit for home occupation (daycare) on property located at 3005 Redbud Court in the Rose Hall District with one condition. Donald Horsley: I'll second it. Dorothy Wood: A motion by Mr. Din and a second by Mr. Horsley. AYE 10 NAY 0 ABSO ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KA TSIAS ABSENT Item #11 Pamela J. Johnson Page 2 KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the Board has approved Item #11 for consent. - 1- - - - - - -- - CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach - Historic Kempsville Area Master Plan MEETING DATE: January 24,2006 . Background: An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A) by adding a new Article 20 thereto, consisting of Sections 2000 through 2004, establishing the Historic Kempsville Area Overlay District; legislative intent; district boundaries; application of regulations; use regulations; dimensional and other requirements; density; landscape screening and buffering requirements. An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A) by amending Article 1, Section 102, pertaining to the establishment of districts and official zoning maps for the Historic Kempsville Area Mixed Use District. An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A) by amending Article 9, Sections 900 through 906, pertaining to the legislative intent, use regulations, dimensional requirements, landscape screening and buffering regulations, height regulations, sign regulations, and off-street parking regulations for the B-4K Historic Kempsville Area Mixed Use District. An Ordinance to amend the Official Zoning Map by the designation and incorporation of the Historic Kempsville Area Overlay District. An Ordinance to amend the Comprehensive Plan by incorporating the Historic Kempsville Area Master Plan. . Considerations: The Historic Kempsville Area Master Plan is intended to address and coordinate a number of related issues and opportunities in the area generally surrounding the Princess Anne Road - Kempsville Road - South Witchduck Road intersection. A significant investment in public funds is planned in the coming years associated with transportation improvements for this area. The Plan promotes leveraging these public improvements by encouraging a coordinated approach to private redevelopment and new development of the adjoining area. The vision outlined in the Plan for the Historic Kempsville area is to recreate a village setting, building on the natural setting and historic character and importance of the area while: City of Virginia Beach Page 2 of 3 accommodating reasonable development and redevelopment opportunities for property owners in a manner that is compatible with the new roadway system; maintaining and improving access to serve existing commercial, office and institutional uses; not exacerbating vehicular traffic congestion and conflicts in the area; and not reintroducing traffic congestion and conflicts in the area that the new roadway system was designed to remedy. Amendment to the Zoning Ordinance Establishing Article 20 This ordinance amendment establishes the Historic Kempsville Area Overlay District. This District allows for and helps encourage strong adherence to architectural, vegetation, street furniture, and site design themes that will reinforce the sense of place and identity for the area. This change to the Ordinance and accompanying zoning map revision enable this recommendation to be implemented with new development and redevelopment that takes place in the area. Amendment to the Zoning Ordinance Article 1 . Section 102 This ordinance amends the zoning classifications in the City Zoning Ordinance to promote appropriate mixed use development in the area, and establishes an overlay district to help implement the design recommendations set forth in the Plan. This change to the Ordinance brings Section 102 into conformance with the other amendments recommended to help implement the Historic Kempsville Area Master Plan. Amendment to the Zoning Ordinance Article 9. Sections 900-906 This ordinance amends the business zoning classifications in the City Zoning Ordinance to promote mixed use development in the area. This would allow for the development and redevelopment of the area with mixed use projects appropriate in scale to the area, helping to promote a more pedestrian environment as called for in the Plan. It would also help promote shared parking facilities, reduced setbacks and other design elements in keeping with a more urban yet village-scale setting for the area, as called for in the Plan. Amendment to Official Zonina Map This ordinance amends the official zoning map to define the boundaries of the Historic Kempsville Area Overlay District. The purpose of the overlay district is to encourage strong adherence to architectural, vegetation, street furniture, and site design themes that will reinforce the sense of place and identity for the area. Amendment to Adopt the Historic Kempsville Area Master Plan as an amendment to the Comprehensive Plan This ordinance amends the Comprehensive Plan by incorporating the Historic Kempsville Area Master Plan as a component of the Comprehensive Plan policy document. Staff recommends approval of these amendments. City of Virginia Beach Page 3 of 3 . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request on December 14, 2005. . Attachments: Staff Review Ordinances Minutes Historic Kempsville Area Master Plan Recommended Action: Staff recommends approval. Planning Commission recommends approval with a recommended addition to the proposed Historic Kempsville Area Master Plan to specify that the posted speed limits on the major arterials within the Historic Kempsville Overlay District area be 35 miles per hour, regardless of design speeds associated with the intersection improvement project associated with the area which may allow for higher speed limits. Submitting Department/Agency: Planning Department -tf(!ßI:. & ~ City Manager~ Ie Öß~ CITY OF VIRGINIA BEACH AMENDMENTS TO CITY ZONING ORDINANCE AND COMPREHENSIVE PLAN FOR THE HISTORIC KEMPSVILLE OVERLAY DISTRICT Agenda Items # 34 - #38 December 14, 2005 Public Hearing REQUEST: 34. An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A) by adding a new Article 20 thereto, consisting of Sections 2000 through 2004, establishing the Historic Kempsville Area Overlay District; legislative intent; district boundaries; application of regulations; use regulations; dimensional and other requirements; density; landscape screening and buffering requirements. 35. An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A) by amending Article 1, Section 102, pertaining to the establishment of districts and official zoning maps for the Historic Kempsville Area Mixed Use District. 36. An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A) by amending Article 9, Sections 900 through 906, pertaining to the legislative intent, use regulations, dimensional requirements, landscape screening and buffering regulations, height regulations, sign regulations, and off-street parking regulations for the B-4K Historic Kempsville Area Mixed Use District. 37. An Ordinance to amend the Official Zoning Map by the designation and incorporation of the Historic Kempsville Area Overlay District. 38. An Ordinance to amend the Comprehensive Plan by incorporating the Historic Kempsville Area Master Plan. "" ',,' -', ."" ' -"" ":'<>";";<',,' '0 ~,"'" -,,' , ";:' ':< "";"" ;" ,', ,'.: <',', ,',./ CITY OF VIRGINIA BEACH- HISTORIC KEMPSVILLE OVEI3~YDtST ',' CT Agend~ '1~~m# 3 ~8 SUMMARY OF AMENDM ENTS The Historic Kempsville Area Master Plan is intended to address and coordinate a number of related issues and opportunities in the area generally surrounding the Princess Anne Road - Kempsville Road- South Witchduck Road intersection. A significant investment in public funds is planned in the com ing years associated with transportation improvements for this area. It is critically imperative that the City, in cooperation with affected property owners, use this opportunity to leverage these public investments into helping create a sense of place and character for this area of the City that is distinctive, supportive and complementary to other similar efforts underway in other areas of the City. This opportunity can be channeled into ways that helps to provide open space, enhance and promote neighborhood preservation efforts, retrofit storm water quality management, and help preserve valuable historic resources in the immediate and surrounding area. Issues addressed in the Historic Kempsville Area Master Plan include: Land Use Environmental Constraints and Opportunities Open Space Historic Resources Disposal and Use of Excess City Property and Right-of Way Creating a Sense of Place and Name Identification for the Area Coordination with Proposed Transportation Improvements Coordination with other City Public Facilities Coordination with Commercial and Institutional Interests Coordination with Residential Interests Design Guidelines Code Revisions The specific recommendations in this Plan are intended to serve as a stand alone document to assist the City, property owners and prospective developers in implementing the Plan's vision. In addition, this Plan through its adoption serves as a supplement to the City's Comprehensive Plan, providing the detail to refine the Comprehensive Plan's general recommendations for the area. The vision for the Historic Kempsville area is to recreate a village setting, building on the natural setting and historic character and importance of the area while: accommodating reasonable development and redevelopment opportunities for property owners in a manner that is compatible with the new roadway system; maintaining and improving access to serve existing commercial, office and institutional uses; not exacerbating vehicular traffic congestion and conflicts in the area; and not reintroducing traffic congestion and conflicts in the area that the new roadway system was designed to remedy. Amendment to the Zonina Ordinance Establishina Article 20 (Item #34) In accordance with the recommendations in the draft Historic Kempsville Area Master Plan, it is recommended that a section be established in the City Zoning Ordinance to allow for the establishment of the Historic Kempsville Area Overlay District. This District would allow for and help encoJ.l~8:g~;strP.~~" "f, ('~::ç".->;," "':"",'..',,;,. ,"," ,':c' ':"""":"'"":,, ' ""'.. ..' .....",... " " , CITY OF VIRGINIA BEACH- HISTORIC KEMPSVILLE OVEBtAYDISTaiCT Agend~4tem# 34~~8 " .. , '~~g~t -"""\"",.".,~I"'" adherence to architectural, vegetation, street furniture, and site design themes that will reinforce the sense of place and identity of the area. This proposed ordinance and accompanying zoning map revision would enable this recommendation to be implemented with new development and redevelopment that takes place in the area. Amendment to the Zonina Ordinance Article 1. Section 102 (Item #35) In accordance with the recommendations in the draft Historic Kempsville Area Master Plan, it is recommended that the zoning classifications be amended in the City Zoning Ordinance to promote appropriate mixed use development in the area, and to allow for the establishment of an overlay district to help implement the design recommendations set forth in the draft Plan. This change to the Ordinance brings Section 102 into conformance with the other City Zoning Ordinance amendments recommended to help implement the draft Historic Kempsville Area Master Plan. Amendment to the Zonina Ordinance Article 9. Sections 900-906 (Item #36) In accordance with the recommendations in the draft Historic Kempsville Area Master Plan, it is recommended that a new section be established in the City Zoning Ordinance to promote mixed use development in the area. This would allow for the development and redevelopment of the area with mixed use projects appropriate in scale to the area, helping to promote a more pedestrian environment as called for in the draft Plan. It would also help promote shared parking facilities, reduced setbacks and other design elements in keeping with a more urban yet village-scale setting for the area, as called for in the draft Plan. Amendment to Official Zonina Map (Item #37) In accordance with the recommendations in the draft Historic Kempsville Area Master Plan, it is recommended that a zoning overlay district be established in the City Zoning Ordinance to encourage strong adherence to architectural, vegetation, street furniture, and site design themes that will reinforce the sense of place and identity of the area. Amendment to Adopt the Historic Kempsville Area Master Plan as an amendment to the Comprehensive Plan (Item #38) The Historic Kempsville Area Master Plan is intended to address and coordinate a number of related issues and opportunities in the area generally surrounding the Princess Anne Road - Kempsville Road - South Witchduck Road intersection. A significant investment in public funds is planned in the coming years associated with transportation improvements for this area. RECOMMENDATION Staff recommends approval of these amendments. ~ CITY OF VIRGINIA BEACH- HISTORIC KEMPSVILLE OVERt:ÂV DIST CT Agend~~:ftem # 34 . 8.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 AN ORDINANCE TO ESTABLISH THE HISTORIC KEMPSVILLE AREA OVERLAY DISTRICT, DISTRICT BOUNDARIES, USE REGULATIONS AND DIMENSIONAL, DENSITY, AND LANDSCAPING REQUIREMENTS Sections Added: City Zoning Ordinance Sections 2000, 2001, 2002, 2003 and 2004 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Zoning Ordinance is hereby amended by the addition of a new Article 20, consisting of Sections 2000, 2001, 2002, 2003 and 2004, pertaining to the Historic Kempsville Area Overlay District, to read as follows: ARTICLE 20. OVERLAY THE HISTORIC DISTRICT KEMPSVILLE AREA Sec. 2000. Findings; intent. The City Council hereby finds that the Historic Kempsville Area is not only one of the primary crossroads within the City, but is also the location of the third courthouse in Princess Anne County, the site of a Revolutionary War skirmish, an early cultural and economic hub within the City, and is surrounded by many stable and attractive residential communities. As such, its appearance and revitalization is important to the physical and 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 31 economic purpose vitality of the City. The of the Historic Kempsville Area Overlay District is to enhance the appearance of the area encompassed by the District and to help restore its vitality as an important and historic location within the City. COMMENT The section states the findings and intent underlying the creation of the Historic Kempsville Area Overlay District. Sec. 2001. District boundaries. The Historic Kempsville Overlay District Area boundaries shall be as designated on the official zoning map of the city. COMMENT The section designates the boundaries of the District by reference to the official zoning map. Sec. 2002. Application of regulations. The designation of lying within property the any as Historic Kempsville Area Overlay District shall be in addition to, and district in lieu of, the not underlying zoning classification of such property, such that any property situated in the Historic Kempsville Area Overlay District shall also lie within one or more of the zoning districts enumerated in Section 102 (a) of this ordinance. All such property shall be subject to the requirements this of article well all other as to as regulations applicable it, and the that to to extent any 2 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 provision of this article conflicts with any other ordinance or regulation, the more restrictive provision shall control. COMMENT The section sets forth general rules regarding the application of the regulations pertaining to the Overlay District. The rules are similar to those used in other Overlay Districts within the City (e.g., Shore Drive Corridor, Laskin Road. Gateway). Sec. 2003. Use regulations. (a) Principal uses. Subject to general requirements and to the regulations of the underlying zoning district, all uses and structures permitted as principal uses in the underlying zoning district principal in which they located shall be permitted are as uses within Area Overlay Historic the Kempsville District, except as set forth in Section 901 of this Ordinance. (b) Accessory uses. Subject to general requirements and to the regulations of the underlying zoning district, all uses and structures permitted as accessory uses in the underlying zoning district accessory District. ( c) in which they located shall be permitted are as uses within Area Overlay the Historic Kempsville Conditional uses. Subj ect to general requirements and to the regulations of the underlying zoning district, all uses and structures permitted as conditional uses in the underlying zoning district in which they are located shall be permitted as 3 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 conditional within the Historic Kempsville Area Overlay uses District, as well as the following uses and structures: (1 ) Multiple-family dwellings in the B-4K (HK) Mixed Use District; (2) Attached dwellings in the (HK) Mixed Use B-4K District; (3) Commercial parking lots, parking garages and storage garages located in the B-2 (HK) Community Business or B-4K (HK) Mixed Use Districts. (d) . Additions single-family to dwellings, duplexes, attached dwellings and multiple-family dwellings not increasing the number of dwelling units in any such use shall be permitted by right, provided that all other requirements of this ordinance are met. Where or setbacks other dimensional requirements pertaining additions such specified to in the are not regulations of the underlying zoning district, such requirements shall be specified in the (HK) Mixed Use Business B-4K as District. COMMENT The section sets forth use regulations (principal, accessory and conditional uses) applicable in the Overlay District. Except as specifically provided, the permitted uses are the same as those in the underlying zoning district. 4 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 Sec. 2004. Dimensional and other requirements; landscape screening and buffering. density; Subject provisions Section 2003 of to the of ordinance, dimensional requirements uses for other and this and structures located wi thin the Historic Kempsville Area Overlay District specified underlying in the shall be as district; provided, however, that: (a) The density multiple-family shall dwellings of exceed eighteen units maximum ( 18 ) or the per acre zoning not density permitted by the regulations of the underlying zoning district, whichever is the lesser, on a zoning lot. (b) zoning or within the B-2(HK) Where lot a B-4(HK) district adjoins any district in which single-family dwellings, duplexes, attached dwellings dwellings or multiple-family permitted conditional principal use, without as a or are an intervening street, alley or body of water over twenty-five (25) feet in width, a fifteen-foot minimum yard shall be required along lines Category all lot adjoining district. such IV landscape screening shall be required, and no other uses or structures shall be permitted, within the yard. (c) The requirements within the B-4K (HK) Mixed Use Business District for minimum lot area, width, yard spacing and maximum lot coverage for residential dwellings and commercial structures are set forth in Article 9 of this ordinance. 5 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 COMMENT The section sets forth dimensional requirements, density restrictions and landscaping requirements in the Overlay District. It also provides that the dimensional requirements for property within the Overlay District that is zoned B-4K (HK) Mixed Use District are set forth in Article 9 (Business Districts) of the City Zoning Ordinance. CA-9838 OID\ordres\Kempsville Overlay Ordinance.doc R-1 December 2, 2005 APPROVED AS TO CONTENT: AP(jJ¡ TjFïtl7cy: City Attorney's Office ~.:.. 12..'. o!" Planning Department 6 17 18 19 20 21 22 23 24 25 26 27 1 2 3 4 AN ORDINANCE ESTABLISHING THE B-4K HISTORIC KEMPSVILLE AREA MIXED USE DISTRICT AND THE HISTORIC KEMPSVILLE AREA OVERLAY DISTRICT 5 6 7 8 SECTION AMENDED: § 102 Ci ty Zoning Ordinance WHEREAS, the public necessity, convenience, general welfare 9 and good zoning practice so require; 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 Section is hereby 102 That of the City Zoning Ordinance 13 amended and reordained, to read as follows: 14 Sec. 102. Establishment of districts and official zoning maps. 15 (a) In order to carry out the purposes and provisions of 16 this ordinance, the following districts are hereby established and are hereby listed in order from most restrictive to least restrictive: (1 ) Preservation District. The Preservation District shall consist of: P-l Preservation District (2 ) Agricultural Districts Districts. The Agricultural shall consist of: AG-l Agricultural District AG-2 Agricultural District ( 3 ) Residential Districts. Residential Districts shall consist of: 28 29 30 31 32 33 34 35 36 37 38 ( 4 ) 39 of: 40 41 42 43 44 (5 ) 45 46 ( 6) 47 of: 48 49 50 (7 ) 51 of: R-40 Residential District R-30 Residential District R-20 Residential District R-15 Residential District R-I0 Residential District R-7.5 Residential District R-5D Residential District R-5R Residential District R-5S Residential District R-2.5 Residential Townhouse District Apartment Districts. Apartment Districts shall consist A-12 Apartment District A-18 Apartment District A-24 Apartment District A-36 Apartment District Hotel District. The Hotel District shall consist of: H-l Hotel District Office Districts. The Office Districts shall consist 0-1 Office District 0-2 Office District Business Districts. Business Districts shall consist 2 52 B-1 Neighborhood Business District 53 B-1A Limited Community Business District 54 B-2 Community Business District 55 B-3 Central Business District 56 B-3A Pembroke Central Business Core District 57 B-4 Mixed Use District 58 B-4C Central Business Mixed Use District 59 B-4K Historic Kempsville Area Mixed Use District 60 ( 8 ) Industrial Districts. Industrial Districts shall 61 consist of: 62 1-1 Light Industrial District 63 1-2 Heavy Industrial District 64 ( 9) [ Reserved] 65 (10) Planned Development Districts. The Planned Development 66 Districts shall consist of: 67 PD-H1 Planned Unit Development District 68 PD-H2 Planned Unit Development District 69 (11) Historic and Cultural District. The Historic and 70 Cultural District shall consist of: 71 Historic and Cultural District 72 (12) Resort Tourist Districts. The Resort Tourist Districts 73 shall consist of: 74 RT-4 Resort Tourist District 75 RT-3 Resort Tourist District 3 76 77 78 (a1) 79 (oJ), there There is hereby established the Shore Drive Corridor 80 Overlay 81 official 82 designation 83 RT-2 Resort Tourist District RT-1 Resort Tourist District In .Jddition to the diotricto enumeroJted in ouboection District. Such district shall be designated on the zoning by the notation "(SD) " following the map of the underlying zoning district. As an illustration, Overlay 84 property in the Shore Drive Corridor District and in the B-4 Mixed Use District shall be designated 85 on the 86 4 (SD) . " 87 official zoning map having the classification "B- as (a2) In .Jddition to the diotricto enuffieroJted in ouboection 88 (oJ), there There is hereby established, as an overlay district 89 within the RT-3 Resort Tourist District, the Laskin Road Gateway 90 Overlay 91 District. Such district shall be designated on the official zoning map as "RT-3(LRG)." 92 (a3) 93 District. 94 There is hereby established the Old Beach Overlay Such district on shall be designated the official zoning map by the notation" (OB)" following the designation of 95 the underlying zoning district. As an illustration, property in 96 the Old Beach Overlay District in the and R-5D Residential 97 Duplex District shall be designated on the official zoning map 98 as having the classification "R-5D(OB)." 4 100 101 102 103 104 105 106 101 108 109 110 111 112 113 114 99 (a4) There is hereby established the Historic Kempsville Area Overlay District. Such district shall be designated on the official notation following the by the " (HK) " zoning map designation underlying zoning an district. As of the illustration, property in the Historic Kempsville Area Overlay District and in the B-2 Community Business shall be District designated official having the zoning the map as on classification "B-2(HK)." COMMENT The amendments establish the B-4K Historic Kempsville Area Mixed Use District and the Historic Kempsville Area Overlay District. Adopted Council City Virginia Beach, of the of by the Virginia, on the day of , 2005. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: iJJ L}J¡Æ{ fJr (flwl City Attorney's Of ice ~ \~./".oç ~ Planning Department CA-9837 H:\OID\OrdRes\HKA See 102 ordin.doc R-2 December 2, 2005 5 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE ESTABLISHING THE LEGISLATIVE INTENT, USE REGULATIONS, DIMENSIONAL REQUIREMENTS, LANSDSCAPE SCREENING AND BUFDFERING REQUIREMENTS, HEIGHT REGULATIONS, SIGN REGULATIONS AND OFF-STREET PARKING REQUIREMENTS IN THE B-4K HISTORIC KEMPSVILLE AREA MIXED USE DISTRICT Sections Sections 906 Amended: 900, 901, City Zoning Ordinance 902, 903, 904, 905 and WHEREAS, the public necessity, convenience, general welfare 15 and good zoning practice so require; 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 17 CITY OF VIRGINIA BEACH, VIRGINIA: 18 That Sections 900, 904, 905 and 906 of the 901, 902, 903, City Zoning Ordinance is hereby amended and reordained to read as follows: ARTICLE 9. BUSINESS DISTRICTS Sec. 900. Legislative intent. The purpose of the B-1 Neighborhood Business District is to provide areas where a limited range of business establishments can be or located adjacent residential development to near wi thout adversely impacting the adj acent residential area. The purpose of the B-1A Limited Community Business District is to provide where limited commercial development can be areas dispersed the needs of to support nearby residential 55 56 57 34 neighborhoods. The purpose of the B-2 Community Business 35 District is to provide land needed for community-wide business 36 establishments. This district is intended for general 37 application in the city. It is intended that, by the creation of 38 this uses district, business will be geographically 39 concentrated. The purpose of the B-3 Central Business District 40 is set apart that portion city which of the forms the to 41 metropolitan center for financial, professional and commercial, 42 cultural activities, and including business, professional 43 cultural manner development in that complements the B-3A a 44 pembroke Business Core Central District and the policies 45 identified in the City of Virginia Beach Comprehensive Plan. It 46 is intended that any uses likely to create friction with these 47 proposed types of activities will be discouraged. This district 48 is not intended for general application throughout the city. The 49 purpose of the B-3A Pembroke Central Business Core District is 50 to optimize development potential pedestrian- for a mixed-use, 51 oriented, to high-rise urban activity with mid- center 52 that uses, including contain of structures types numerous 53 business, retail, and other residential, educational cultural, 54 public uses. private and district is intended The B-3A to comprise publicly accessible community open space areas, generally reflective of the identified in the city's concepts Comprehensive Plan and the Business District Pembroke Central 2 58 Master Plan. Requests for rezonings to the B-3A Pembroke Central 59 Business Core District shall be limited within the area bound by 60 Independence Constitution and Drive Boulevard, Jeanne Street, 61 the Railroad to those right-of-way. Norfolk-Southern As 62 buildings and structures rendered nonconforming by a rezoning to 63 B-3A, it is the intent of the City Council to encourage their 64 appropriate expansion or renovation by resolution, as set forth 65 in to in intent of this section order effectuate the lOS, 66 section. This district is not intended for general application 67 throughout the city. The purpose of the B-4 Mixed Use District 68 is to provide for retail and commercial service facilities and 69 residential uses in those areas of the city where a mixture of 70 such uses is desirable and recommended by the policies of the 71 Comprehensive The Central Business of the Plan. B-4C purpose 72 Mixed Use District is to provide an area that complements the B- 73 3A pembroke Central Business Core District through quality mixed 74 development intensities patterns that and support use at 75 multiple modes of transportation, higher residential densities, 76 and an integrated mix of residential and non-residential uses 77 within building on lot. Requests for the the same or same 78 rezonings to the B-4C Central Business Mixed Use District shall 79 be limited to surrounding B - 3A pembroke Central the area the 80 Business Core District and generally bounded by Thalia Creek on 81 the east, Interstate 264 on the south, Aragona Boulevard on the 3 99 100 101 102 103 104 105 106 107 82 and on Jeanne and Broad west, Street Street the north. 83 Development within the B-4C Central Business Mixed Use District 84 should adhere to the Comprehensive Plan's Mixed Use Development 85 Guidelines. The purpose of the B-4K Historic Kempsville Area 86 Mixed Use District is to provide an area that complements the 87 adjoining use residential neighborhoods through quality mixed 88 development support multiple intensities and patterns at that 89 modes and an of transportation, higher residential densities, 90 integrated mix of uses within residential and non-residential 91 the same building or on the same lot. Rezonings to the B-4K 92 Historic Kempsville Area Mixed Use District shall be limited to 93 property within the area generally bounded by Kempsville Heights 94 and Kempsville Lake to the north, Cedar Run Canal to the south, 95 Kempsville Gardens and Kempsville Manor to the east, and Eastern 96 Branch of the Elizabeth River to the west. Development within 97 the shall Historic Kempsville B-4K Mixed District Area Use 98 conform Use Development the Comprehensive Plan's Mixed to Guidelines and the Historic Kempsville Area Master Plan or, in the of conflict, shall event conform the Historic to a Kempsville Area Master Plan. COMMENT The amendments describe the legislative intent underlying the B-4K Historic Kempsville Area Mixed Use District and establish its general boundaries. 4 108 109 110 III 112 113 114 115 116 117 118 Sec. 901. Use regulations. (a) Principal and conditional The following chart uses. lists those uses permitted within the B-1 through B-4 Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a or as conditional uses indicated by a "P" "C." Uses and structures indicated an by shall prohibited be in "X" the respective districts. No other than structures uses or as specified shall be permitted. B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Animal hospitals, veterinary establishments, pounds, shelters, commercial kennels, provided all animals shall be kept in soundproofed, air-conditioned buildings Antennas, building-mounted Auditoriums, assembly halls, and union halls Automobile repair garages and small engine repair establishments, provided that all repair work shall be performed within a building P P P P P P P p X X P p P P P X X C P P p P P x x x C X x C x x 5 Use Automobile repair establishments dealing exclusively in minor repairs of the type provided at automobile service stations Automobile service stations; provided that, where there is an adjoining residential or apartment district without an intervening street, alley or permanent open space over twenty-five (25) feet in width and where lots separated by a district boundary have adjacent front yards, Category VI screening shall separate the automobile service station use from the adjacent residential district or apartment district and no ground sign shall be within fifty (50) feet of the residential district or apartment district B-1 x B-1A x x x B-2 C 6 B-3 C C B-3A C x x B-4 C B-4C B-4K C x x x x B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Bakeries, P P P P P P P P confectioneries and delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on the premises Bed and breakfast X X X X X C X C inns Beverage X X P P X P P X manufacturing shops, which shall not exceed three thousand (3,000) square feet in floor area Bicycle and moped X X X X X C X X rental establishments Bingo halls X X C X X C X X - Boat sales X X P X X P X X Body piercing - X X C X X X X X establishments Borrow pits X X C X X X X X 7 B-1 B-IA B-2 B-3 B-3A B-4 B-4C B-4K Use Bulk storage X X C X X X X X yards and building contractors yards; provided that no sale or processing of scrap, salvage or secondhand material shall be permitted in such yards; and, provided further that such storage yards shall be completely enclosed except for necessary openings in ingress and egress by a fence or wall not less than six (6) feet in height Business and X C C C C C C X vocational schools which do not involve the operation of woodwork shops, machine shops or other similar facilities Business studios, P P P P P P P P offices and clinics 8 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Car wash X X C C C C X X facilities, provided that: (i) no water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties; (ii) a minimum of three (3) off- street parking spaces for automobiles shall be provided for each car wash space within the facility Child care and C C P P P P P C child care education centers Churches X C C C C C C C - Colleges and X C C C C C C X universities, public or private Commercial X X P P P P P C parking lots, parking garages, parking structures and storage garages 9 B-1 B-IA B-2 B-3 B-3A B-4 B-4C B-4K Use Commercial X X C C P C P X parking gar-ages and storage garages which include car wash, car rental or car detailing services when wholly enclosed within a parking structure and accessory thereto Commercial X X C C C P C X recreation facilities other than those of an outdoor nature Dormitories for X X X X X C X X marine pilots Drugstores, P P P P P P P P beauty shops and barbershops and other similar personal service establishmentsi. provided that drive-through windows shall not be allowed in the B-4K District Dwellings, X X X X P X P Attached Dwellings, Multi- X X X X C P C C family 10 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Eating and X X X X P X P P drinking establishments without drive- through windows, when not freestanding and incorporated inside a mixed use building, except as otherwise specified in this section Eating and X X P P X P X X drinking establishments with drive- through windows, except as specified below Eating and p p p p X P X X drinking establishments without drive- through windows, except as specified below Eating and X X C C C C C C drinking establishments where all three of the following occur: 1. Alcoholic beverages are served; 2. The establishment is located within five hundred (500) feet of a residential or apartment district; 11 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use 3. The establishment excludes persons on the basis of age during any part of the day, or provides entertainment, audible from an adjoining property. Fiber-optics X C C C C X C X transmission facilities Financial P P P P P P P P institutionsi. provided, that drive-through windows shall not be allowed in the B-4K District Flea markets X X C C C C C X Florists, gift - P P P P P P P p shops and stationery stores Funeral homes X p P P X P X X repair - Furniture X p P P X P X X and upholstering, repair services for radio and television and household appliances other than those with gasoline engines; carpet and linoleum laying; tile setting, sign shops and other small service businesses Greenhouses and X p P X X P X X plant nurseries 12 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use - Grocery stores, C C P P X P X X carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000) square feet Grocery stores, X X P P C P C X carry-out food stores and convenience stores whether or not freestanding, but in a structure of a gross floor area of not less than five thousand (5,000) square feet Grocery stores, P P P P C P C C carry-out food stores and convenience stores any of which are not freestanding but in a structure with a gross floor area of less than five thousand (5, 000) square feet Heliports and X X C C C C C X helistops Home occupations X X X X C C C C 13 B-1 B-IA B-2 B-3 B-3A B-4 B-4C B-4K Use Housing for C C X X C C C C seniors and disabled persons or handicapped, including convalescent or nursing; maternity homes; child care centers other than covered under permitted principal uses hereinabove, provided that the maximum height shall not exceed one hundred sixty-five (165) feet; provided, however, that no structure shall exceed the height limit established by section 202(b) regarding air navigation Hospitals and X X C C C C C X sanitariums Hotels and motels X X X P P P P X 14 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Hotels and motels X X X X X C X X with increased lodging unit density and height, provided that the maximum density shall be one hundred twenty (120) lodging units per acre, the minimum lot area shall be one (1) acre and the maximum height shall be one hundred (100) feet; notwithstanding the above, no structure shall exceed the height limit established by section 202(b) regarding air navigation Laboratories and X X P P P P P P establishments for the production and repair of eye glasses, hearing aids and prosthetic devices Laundry and dry p p p p p p p p cleaning agencies Liquor stores, P P P P P P P P package only Marinas, X X C C X C X X commercial Medical and p p p p p p p p dental offices and clinics Medical X X P P P P P P laboratories lS B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Mini-warehouses X C C C X C X X - Mobile home sales X X C X X X X X - Motor vehicle X X C C X C X X sales and rental, provided the minimum lot size is twenty thousand (20,000) square feet; and provided further, that truck and trailer rentals shall comply with the provisions of section 242.2 Motor vehicle X X X X P X P X sales and rental, provided such use is wholly enclosed within a building, and further provided that no outdoor use accessory to or in conjunction with the principal use shall be allowed Museums and art C P P P P P P P galleries Newspaper X P P P P P P P printing and publishing, job and commercial printing 16 Use Off-site parking facilities.!.. subject to the provisions of subsection (c) for ;:my uoe ~d thin the B 3, B 3l\. or B 1C Diotricto m~y be permitted on ~ny zoning lot ~ithin ~ny of thoDe three (3) diotricto, pro~vvided ~ll of the follmdng requiremento are met. (~) E:tructureo for p.J.rking f.J.cilitieo oh~ll conform to the regul.J.tiono of the diotrict in "y;rhich loc~ted, (b) Off oi te parking f¡:¡cilitico ohall be located ~ithin one thouo~nd five hundred (1,500) feet from the uoe they are intended to oerve, but in no c~oe oh~ll ~ny ouch f.J.cility be loc~ted oppooite Virgini.J. Be~ch Boulevard ~nd Independence Boule~yv.J.rd unleoo grade oep~r~ted pedeotri~n ~cceoo io provided, (c) Off cite p~rking B-1 x B-1A B-2 x x 17 B-3 B-3A p p B-4 x B-4C B-4K p x Use otructureo oerving uoeo r,:i thin the 13 31'. Diotrict oh.:lll not be oep~r~ted by Independence Boule~~rd; (d) A ~ritten agreement ~oouring continued ~~ail~bility of the number of op~ceo indic~ted oh~ll be drœ.m ~nd executed, ~nd ~ certified copy of ouch ~greement ohall be recorded r,:ith the clerk of the court. Cuch ~greement ohall otipulate th~t, if ouch op~ce io not m~intained or op~ce ~ccept~ble to the pl~nning director oubotituted, the uoe or ouch portion of the uoe ~o io deficient in number of p~rking op~ceo ohû.ll be diocontinued. The agreement ohall be oubject to the appro~.~~l of the city attorney B-1 B-1A B-2 18 B-3 B-3A B-4 B-4C B-4K B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Outdoor cafes P P P P P P P P - Outdoor plazas P P P P P P P P - Passenger X X C C C C C X transportation terminals Passenger vessels X X C X X C X X permitted by u.s. Coast Guard regulations to carry more than one hundred forty-nine (149) passengers and used for commercial purposes Personal service P P P P P P P P establishments, other than those listed separately Personal X C C C X C X X watercraft rentals Private clubs, P P P P P P P P lodges, social centers, eleemosynary establishments and athletic clubs Public buildings P P P P P P P P and grounds Public utilities P P P P P P P P installations and substations provided storage and maintenance facilities shall not be permitted; and provided further that utilities substations, other than 19 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use individual transformers, shall be surrounded by Category IV screening solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require only Category I screening, solid except for access openings Public utilities X X P P P P P P offices Public utility X X C C X C X X storage or maintenance installations Radio and X C C C C C C X television broadcasting stations and line-at-sight relay devices Recreational and X C C C C C C X amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council; provided that, in the development 20 B-1 B-1A B-2 B-3 B-3A B-4 B-4C . B-4K Use of such properties, safeguards are provided to preserve and protect the existing character of adjacent properties, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise Repair and sales p p p p p p p p for radio and television and other household appliances and small business machines Retail X P P P P P P X establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises¡ retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for 21 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult book stores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single- or multiple- family dwelling, church, park, or school Satellite X X C C C X C X wagering facility Specialty shops C P P P P P P P - Storage garages X X P P X P X X - Tattoo parlors X X C X X X X X - Wholesaling and X X P C X X X X distribution operations, provided that such operations do not involve the use of: ( i) more than two thousand (2,000) square feet of floor area for storage of wares to be sold at wholesale or to be distributed, or (ii) any vehicle rated at 22 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use more than one and one-half (1 1/2) tons, or (iii) a total of more than five (5) delivery vehicles (a1) Outdoor cafes and outdoor plazas in the B-3A Pembroke Central Business Core District. (;:11) Outdoor c;).fco ;).nd outdoor pl;).:;!:;).o in thc ]3 3l\.. Pcmbrokc Ccntral Buoincoo Corc Diotrict . ( a) Notwithstanding provision contrary any of this ordinance, outdoor cafes within the B-3A Pembroke Central Business Core District shall not occupy more than square thousand (1,000) one feet of area outside of an enclosed building. (b) Notwithstanding provision contrary of any this subsection, outdoor plazas within the B-3A Pembroke Central Business Core District shall be subject to the following criteria: ( 1) Outdoor plazas should be located at the entrance to major buildings and other appropriate areas to provide safe, attractive and accessible public urban open spaces for those work and visit who live, the The size and configuration area. of 23 139 140 141 142 143 144 145 146 147 outdoor plazas and attendant amenities shall be reviewed by Planning Director the to ensure conformance other related with these and objectives as set forth in the Notwithstanding cafes within the Comprehensive Plan and pembroke Central Business District Master Plan; and (2) The architectural to thousand (1,000) the purpose design shall conform and intent of the Central Business District Master Plan. 148 (a2) Outdoor cafes and outdoor plazas in the B-4K Historic 152 153 154 155 156 157 158 159 160 161 162 ( a) (b) 149 Kempsville Area Mixed Use District. any contrary provision, outdoor 150 151 B-4K Historic Kempsville Area Mixed Use District shall not occupy more than one an enclosed building. Notwithstanding square feet of area outside of any contrary provision, outdoor plazas within the B-4K Historic Kempsville Area Mixed Use District following criteria: (1) Outdoor plazas entrance shall be subject to the should be located at the to major other buildings and areas to provide safe, appropriate attractive and accessible public urban open 24 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 which spaces for and visit those live, who work the The size and configuration of area. outdoor plazas and attendant amenities shall be reviewed by the Planning Director to ensure conformance other with these and related objectives forth in the as set Comprehensive Plan and the Historic Kempsville Area Master Plan; and (2 ) The architectural design shall conform to the intent and of the Historic purpose Kempsville Area Master Plan. (b) and Accessory and structures. Uses structures uses are customarily accessory and clearly incidental and subordinate to the principal uses and structures, including, but not limited to: (1) activity operated for profit in An accessory a residential dwelling unit where there is no change in outside the of the building appearance or premises visible audible evidence any or or detectable outside building from the lot, either permanently intermittently, of the conduct of or such business one non-illuminated for except identification sign not more than one square foot in 25 187 area mounted flat against the residence; where no 188 traffic is generated, including traffic by 189 commercial delivery vehicles, by such acti vi ty in 190 greater volumes than would normally be expected in 191 the neighborhood, and any need for parking generated 192 by the conduct of such activity is met off the 193 street and other than in a required front yard; 194 where the activity is conducted on the premises 195 which is the bona fide residence of the principal 196 practitioner, and no person other than members of 197 the immediate family occupying such dwelling unit is 198 employed in the activity; where such activity is 199 conducted only in the principal structure on the 200 lot; where there are no sales to the general public 201 of products or merchandise from the home; and where 202 the activity is' specifically designed or conducted 203 to permit no more than one patron, customer, or 204 pupil to be present on the premises at anyone time. 205 The following are specifically prohibited as 206 accessory activities: Convalescent or nursing homes, 207 tourist homes, massage or tattoo parlors, radio or 208 television repair shops, auto repair shops, or 209 similar establishments. 26 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 (c) follows: Off-site parking (1 ) B-3, B-3A and B-4C Districts. Off-site parking facilities shall be permitted as facilities for any use within the B-3, B-3A or B- 4C Districts, lot, shall be permitted on any zoning provided all following requirements are met: of the (1) for parking structures facilities shall conform to the regulations of the district in which located; shall (2) off-site parking facilities be located within thousand, five one are hundred (1,500) feet from the they use intended to serve, but in no case shall any such facility Boulevard be located opposite Virginia Beach and Independence Boulevard unless grade-separated (3 ) pedestrian is provided; access off-site uses parking serving structures within the B-3A District shall not be separated by Independence Boulevard; and (4 ) a written agreement assuring continued availability of the number executed, shall be of indicated shall be drawn and spaces and a certified copy of such agreement recorded wi th the clerk of the court. such Such shall stipulate that, if agreement space is not maintained or acceptable to space 27 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 the planning director substituted, the use or such portion of the use as is deficient in number of parking shall be discontinued. The spaces agreement shall be subject to the approval of the city attorney. (2 ) B-4K District. Off-site parking facilities for any use within the B-4K District may be permitted on any zoning lot wi thin the district, provided all of the following requirements are met: (1 ) structures for parking conform facilities shall to the which regulations of district the in located; (2) off-site parking facilities shall be located within one thousand, five hundred (1,500) feet from the use they are intended to serve, but in no shall such facility be located case any opposite Kempsville Road, Princess Anne Road, or South Witchduck Road unless grade-separated pedestrian access is provided; (3) and a wri t ten agreement assuring continued availability of the number of indicated shall be drawn and spaces executed, and a certified copy of such agreement shall be recorded wi th the clerk of the court. Such shall stipulate agreement that, if such space not maintained or space acceptable 1S to 28 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 the planning director substituted, the use or such portion of the use as is deficient in number of parking spaces shall be discontinued. The agreement shall be subject to the approval of the city attorney. COMMENT The amendments set forth the use regulations applicable in the B-4K Historic Kempsville Area Mixed Use District and make technical amendments to the format of a portion of the section. Sec. 902. Dimensional requirements. (b) The following chart lists the requirements within the B-3A Pembroke Central Business Core District, Business Mixed Use District, iffià B-4C Central and B-4K Historic Kempsville Area Mixed District for minimum Use spacing for all uses and structures: TABLE INSET: (1 ) Minimum lot area in square feet: Minimum lot width in feet:* Minimum setback from a street in feet Maximum setback from a street in feet. There shall be no maximum setback from a street for structures where the total floor area consists of residential use. (2 ) (3 ) (4 ) 29 lot width, and yard area, B-3A B-4C B-4K - 10,000 10,000 10,000 100 100 100 - 0 0 10 10 10 20 279 280 281 282 283 284 285 286 287 288 289 290 (5) Minimum side yard setback in feet, unless otherwise identified herein or a greater setback is required by section 903 (6) Minimum rear yard setback in feet, unless a greater setback is required by section 903 (7) Maximum density per acre of multifamily dwellings in the B- 4C District. Density shall be determined based on the area of the entire zoning lot, even if such lot is partially occupied by other principal uses or conditional uses. For every 10,000 square feet of commercial space in a given development project, an additional dwelling unit per acre beyond that allowed by the maximum density may be built. (8) Maximum density of hotels and motels *Where applicable, newly created corner lots must also adhere to 0 0 0 0 0 0 N/A 36 18 N/A 80 N/A section 4.4(c) of the Subdivision Ordinance, requiring additional lot width on certain o~mcr corner lots. Except otherwise affecting provided herein, setbacks as only the first floor of multistory buildings may be increased by no more than twenty (20) feet in order to allow the creation of covered within the aftà and B - 3A.L.. B-4C B-4K passageways Districts. In addition, building setbacks adjacent to roadway intersections may be increased to provide safe and reasonable line-of-sight clearances. (c) The following chart lists the requirements within the B-3 and B-4 Business Districts for minimum lot area, width, yard 30 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 spacing and maximum density for lodging uses and structure. For hotels and motels (lodging units): TABLE INSET: (1 ) (2 ) (3 ) (4 ) (5) Minimum lot area in square feet: Minimum lot width in feet:* Minimum front yard setback in feet: Minimum side yard setback in feet: Minimum side yard setback adjacent to a street in feet: Minimum rear yard setback in feet: Maximum density for lodging units per acre: For each dwelling unit contained in a combination development, the number of allowed lodging units shall be reduced by two (2). B-3 B-4 43,560 20,000 100 100 35 35 20 20 10 35 20 20 N/A 80 *Where applicable, newly created corner lots must also adhere to section (6 ) (7) (8 ) 4.4(c) of the Subdivision Ordinance, requiring additional lot width on certain corner lots. . . . . ( e) The following chart lists the requirements within the B-4 Mixed Use District and B-4K Historic Kempsville Area Mixed Use District for minimum lot area, width, yard spacing, maximum lot coverage and maximum density for multiple-family dwellings. For multiple-family dwellings: B-4 B-4K (1) Minimum lot area in square feet: 40,000 40,000 (2) Minimum lot width in feet: 200 200 - (3) Minimum front yard setback in feet:* 30 10 31 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 (4 ) (5 ) (6) (7 ) (8) Maximum front yard setback in feet:* Minimum side yard setback in feet: Minimum rear yard setback in feet: Maximum lot coverage by buildings and parking, excluding recreational buildings 75 and surfaces in percent: Maximum density in dwelling units per 36 acre: 8 10 20 0 0 75 18 *Where applicable, newly created corner lots must also adhere to section 4.4(c) of the Subdivision Ordinance, additional lot width on certain corner lots. COMMENT requiring The amendments establish dimensional requirements (setbacks, minimum lot size, etc.) applicable in the B-4K Historic Kempsville Mixed Use District . Sec. 903. Landscape screening and buffering regulations. For the B-1 through B-4 Commercial Districts, the following landscape screening and buffering regulations shall apply: District without (a) When zoning lot within B-1 or B-IA a a adjoins residential, or hotel apartment a an intervening or alley body street, of twenty-five (25 ) in Business district water over feet width, a fifteen-foot minimum yard shall be required along all lot lines adjoining the residential, apartment or hotel I landscape shall district. Category be required within the yard area. No other structures shall be permitted in such yards. 32 screening uses or 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 (b) When a zoning lot within the B-2, B-3, B- 3A, B-4.!.... er B-4C District adjoins B-4K residential or a or apartment district without an intervening street, alley or body of water over twenty-five (25) feet in width, a fifteen-foot minimum yard shall be required along all lot lines adjoining the residential or apartment district. Category IV landscape screening shall be required within the yard area. No other uses or structures shall be permitted in such yards. (c) When a zoning lot within the B-2, B-3, B-3A, B-4, er B-4C or B-4K District adjoins an 0-1 Office District without an intervening street, alley or body of water over twenty-five (25) feet in width, a ten-foot minimum yard shall be required along all lot lines adjoining the office district. Category I landscape screening shall be required within the yard area. No other uses or structures shall be permitted in such yards. COMMENT The amendments establish landscape screening and buffering requirements applicable in the B-4K Historic Kempsville Mixed Use District. Sec. 904. Height regulations. (b) Where a zoning lot within the B-2 Community Business District, Central Business District, B-3 B-3A Pembroke Central Business Core District, B-4 Mixed Use District, er B-4C Central Business Mixed District or B-4K Historic Use Kempsville Area 33 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 Mixed Use District adjoins the side or rear yard of a zoning lot in a residential or apartment district without an intervening street or alley over twenty-five (25) feet in width or a body of water over fifty maximum (5 0) feet in width, the following height regulations shall apply on that portion of the commercial zoning lot within hundred (100) feet of the adjoining one residential or apartment district. In cases where more than one (1) of the following apply, the most restrictive shall apply. (1) adjacent When residential district, the to maximum height shall be thirty-five (35) feet. (2 ) When adjacent to A-12 or A-18 Apartment Districts, the maximum height shall be thirty-five (35) feet. (3) When adj acent to A-24 Apartment District, the maximum height shall be forty-five (45) feet. (4) When adjacent to A-36 Apartment District, the maximum height shall be one hundred twenty (120) feet. . . . . (d) specified in items Except (a) , (b) and (c) as hereinabove, there shall be no maximum height regulations in the B-2, Business thirty-five B-3 and B-4 Wi thin the B - 3A Pembroke Central Districts. Core District, the minimum building height shall be (35) feet and the maximum building height shall be four hundred (400) feet. In the B-4C Central Business Mixed Use District, minimum building height shall be thirty-five (35) feet 34 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 and the maximum building height shall be two hundred (200) feet. In the B-4K Historic Kempsville Area Mixed Use District, the minimum building height shall be twenty-five (25 ) feet and the maximum building height shall be fifty (50) feet. . . . . COMMENT The amendments establish height regulations for buildings and structures in the B-4K Historic Kempsville Mixed Use District. Sec. 905. Sign regulations. . . . (f) Within the B-4K Historic Kempsville Area Mixed Use District, signs shall be permitted as follows: ( 1) each foot For of frontage occupancy an establishment shall have no more than sixty one- hundredths (.60) feet of sign area. No square single establishment shall have than four more (4) signs, than (2) signs two nor more per building facade, and individual sign shall no exceed sixty (60) square feet in surface area. Any establishment having less than forty (40) feet of occupancy frontage may have one (1) sign not exceeding twenty- four (24 ) square feet. No such sign shall be allowed above the second story of any building. 35 403 (2 ) sign identifying the entrance to upper-floor 404 405 406 407 408 409 A units shall be permitted; sign shall exceed eight area, and that provided, such (2 ) building identification residential dwelling number of signs shall be limited to one the sign (1 ) at street level at each principal entrance. (3) Commercial buildings shall have no more than two signs, and no 411 412 413 414 415 416 417 418 419 420 421 (4 ) of 422 423 424 425 426 that no ( 8) feet of surface 410 square sign shall have a surf ace area exceeding one hundred fifty (150) square feet. Such signs shall be mounted on or above the third story of the building, but not above the roofline of such building, one only and facade shall be allowed. building identification (1 ) sign per building Additionally, signs, two (2) not exceeding twenty (20) square feet each, shall be allowed at street level if the building has a street level entrance. Major Sign Option. Tenant building footage, a For each foot major tenant may maximum of one and two-tenths (1.2) square feet have a of provided scale sign area, features and amenities cafe seating, planters, 36 that pedestrian such as outdoor kiosk areas, fountains, 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 (7 ) 448 449 450 display windows or sculptures are provided on the facade adjacent thereto. major or No tenant shall have a total of more than four (4 ) signs, nor more than two (2) signs per building facade. (5 ) All freestanding signs shall be approved by the City Council, consistent with the general as purpose and provisions intent of the design presented in the Historic Kempsville Area Master Plan and any applicable design standards approved by the City Council. (6) Signs on building awnings shall not be included in determining the number building of signs perIni tted, in determining permissible sign or area, if they meet the following criteria: a. Such signs are uniform in font, size color, and style; b. anI y the name of the establishment appears on the awning; c. There is only one (1) sign per awning; and d. Such are no larger than two (2) square feet. Public or private parking structures and parking garages have per vehicle (1) sign may one entrance and two (2) additional signs. Such signs shall have no more than seventy-five (75 ) square 37 451 452 453 454 feet of surface and shall identify the area building on which they are located as a parking structure or parking garage. (8 ) As used in this section: means 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 ( 9) 474 a. b. c. "Occupancy frontage" the exterior length of that portion a building of occupied exclusively by a single establishment having least one (1) at exterior public access; "Building identification sign" means a sign which displays only the name of the building on which it is located; "Major tenant" means the space in a building occupied by single establishment with a a building wall height of at least thirty-five (35 ) feet and with least one (1 ) at continuous wall containing least eighty at (80) feet of building frontage; and d. "Building frontage" means the exterior length of that portion of a building occupied exclusively by a single establishment. For all other uses and structures, the following sign regulations shall apply: 38 475 476 477 478 479 480 481 482 b. 483 484 485 486 487 488 489 490 c. 491 492 493 494 495 496 497 498 a. No sign or located in window on or any located behind any window in such a manner as to the persons attention attract of outside the establishment, shall have a surface than greater twenty (20) area percent of the surface area of such window, not to exceed sixteen (16) square feet. Signs containing or consisting of graphic or pictorial representations shall be permitted; provided, however, that the combined surface area occupied by such graphic pictorial representations shall or not be more than twenty (20 ) percent of the total sign allotment of an establishment or four (4) square feet, whichever is less. For each forty (40) feet of frontage and for each eighty (80) feet of lot line adjoining a street, but not constituting frontage, not more than one (1 ) sign and not more than a total of sixteen (16) square feet of surface area of permitted; signage shall be provided, however, that no establishment shall have more than two (2) signs of which one (1) a be freestanding sign; and may 39 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 provided further that no establishment having a frontage of less than one hundred (100) feet shall have a freestanding sign. No freestanding two (2 ) sign shall exceed faces, neither of which shall exceed thirty- two (32) square feet of surface area, and no sign of any other type shall exceed seventy- five (75) square feet of surface area. Any establishment having less frontage or lot line adjoining is than required a street hereinabove have (1 ) sign not may one exceeding sixteen (16) feet of square surface area. d. Sign regulations pertaining to multiple-family dwellings shall be the same as those applying in the Apartment Districts. e. Where there is an established neighborhood commercial center containing at least five (5) establishments and at least forty thousand (40,000) square feet of land area, there shall be not than one (1 ) identification sign center for each more principal entrance. No such sign shall have more than two (2) faces, neither of which shall exceed thirty-two (32) square feet of surface area. Such identification sign shall contain only the name of the center. Alternatively, such signs may display the 40 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 names of tenants as well as the name of the center if (i) the portion of a sign on which tenant names are displayed does not exceed sixty (60) of the percent total (i i) the sJ.gn area; portion of a sign on which tenant names are displayed is of a uniform color; (iii) the top of the face of such sign does not exceed eight (8) feet in height and the top of any decorative cap on such sign does not exceed ten (10) feet in height; (iv) such sign does not exceed twelve (12) feet in width; and (v) the face of such sign is surrounded by a minimum of six (6) inches of framework constructed of a material matching in color and texture the primary exterior building material of the principal structure in the center. f. Signs advertising for sale, lease property or rent shall be permitted; provided, however, that no such sign shall exceed sixteen (16) square feet in surface area. Not more than two (2) such signs shall be permitted for any property having more than street hundred (100) feet lot line of the at one right-of-way, and having less than property one hundred any (100) feet of such lot line shall have no more than one (1) sign not exceeding sixteen (16) square feet of surface area. g. Beacon lights or search lights may be permitted for purposes of advertisement of special events for a period not in excess of forty-eight (48) hours. 41 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 h. facilitate To in new neighborhood occupancy a commercial center containing at least forty thousand (40,000) square feet of land area, there shall be not more than one ( 1) temporary sign, which shall not exceed thirty-two (32 ) square feet of surface area. Such sign shall be removed when seventy (70) percent of the property is occupied or leased, or after a period of twenty-four (24) months, whichever event first occurs. COMMENT The amendments establish sign regulations for uses within the B-4K Historic Kempsville Mixed Use District. Sec. 906. Off-street parking regulations. Parking shall be required for all and structures uses permitted in the B-1 through B-4B Ccntr~l Duoincoo ÞHJccd Uoc B- 4K Historic Kempsville Area Districts in accordance with section 203. single-family no (townhouse) For attached developments, parking area on any lot shall exceed farther than twenty (20) feet from the right-of-way line and no area within a garage, or an enclosed or covered space shall be counted toward meeting off-street parking requirements. COMMENT The amendments establish off-street parking regulations for uses within the B-4K Historic Kempsville Mixed Use District. Adopted by the City Council of the City of Virginia Beach on the day of , 2005. 42 574 575 576 577 578 579 580 581 582 583 584 585 CA-9839 OID\ordres\B-4Kordin.doc R-1 December 2, 2005 APPROVED AS TO CONTENT: ~ rz,-'. oS" 1 . r1é~ P ann~ng epartment APPROVED AS TO LEGAL SUFFICIENCY: 43 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1 2 3 4 5 AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP BY THE DESIGATION AND INCORPORATION OF THE HISTORIC KEMPSVILLE AREA OVERLAY DISTRICT 6 WHEREAS, the public necessity, convenience, general welfare 7 and good zoning practice so require; 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 9 OF VIRGINIA BEACHr VIRGINIA: 10 That the official zoning map of the City of Virginia Beach be, 11 and hereby is, amended to designate and incorporate the Historic 12 Kempsville Area Overlay District, as shown on a series of sheets 13 marked and identified as such, and which have been displayed before 14 the City Council this date and are on file in the Department of 15 Planning. 16 COMMENT 17 18 19 The ordinance amends the zoning map to incorporate and designate the Historic Kempsville Area Overlay District. Adopted by the Council of the City of Virginia Beach on this day of , 2005. CA-9840 OID\ordres\HKA Map ordin.doc R-1 December 2, 2005 Approved as to Content: ~ l1-~'Q~ Planning ~artment 17 18 19 20 21 22 23 1 2 3 4 5 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN BY THE INCORPORATION OF THE HISTORIC KEMPSVILLE AREA MASTER PLAN 6 WHEREAS, on December 14, 2005, the Planning Commission held 7 a public hearing concerning the amendment of the Comprehensive 8 Plan (the "Plan") by the incorporation of the Historic 9 Kempsville Area Master Plan, and the at conclusion of such 10 public hearing, recommended that the Plan be amended by the 11 incorporation of the said Historic Kempsville Area Master Plan 12 as an appendix to the Plan; 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 14 CITY OF VIRGINIA BEACH, VIRGINIA: 15 That the Comprehensive Plan be, and hereby is, amended and 16 reordained by the incorporation of the Historic Kempsville Area Master Planr dated appendix to the as an , Comprehensive Plan. A true copy of the said Historic Kempsville Area Master Plan was exhibi ted to the Planning Commission on December 14, 2005, and on this day to the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2005. CA-~ O¡"'ll OID\ordres\HKA Master Plan ordin.doc R-l December 2, 2005 Item #34 - 38 City of Virginia Beach An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A) by adding a new Article 20 thereto, consisting of Sections 2000 through 2004, establishing the Historic Kempsville Area Overlay District; legislative intent; district boundaries; application of regulations; use regulations; dimensional and other requirements; density; landscape screening and buffering requirements . . An Ordinance to amend and reordain the City Zoning Ordinance (Appendix A) by amending Article 1, Section 102, pertaining to the establishment of districts and official zoning maps for the Historic Kempsville Area Mixed Use District An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A) by amending Article 9, Sections 900 through 906, pertaining to the legislative intent; use regulations; dimensional requirements; landscape screening and buffering regulations; height restrictions; sign regulations; and off-street parking regulations for the B-4K Historic Kempsville Area Mixed Use District An Ordinance to amend the Official Zoning Map by the designation and incorporation of the Historic Kempsville Area Overlay District An ordinance to adopt the Historic Kempsville Area Master Plan as an amendment to the Comprehensive Plan December 14, 2005 REGULAR Joseph Strange: The next items are Items #34 - 38. An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A) by adding a new Article 20 thereto, consisting of Sections 2000 through 2004, establishing the Historic Kempsville Area Overlay District; legislative intent; district boundaries; application of regulations; use regulations; dimensional and other requirements; density; landscape screening and buffering requirements; Item #35, which is an Ordinance to amend and reordain the City Zoning Ordinance (Appendix A) by amending Article 1, Section 102, pertaining to the establishment of districts and official zoning maps for the Historic Kempsville Area Mixed Use District; Item #36, which is an Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A) by amending Article 9, Sections 900 through 906, pertaining to the legislative intent; use regulations; dimensional requirements; landscape screening and buffering regulations; height restrictions; sign regulations; and off-street parking regulations for the B-4K Historic Kempsville Area Mixed Use District; Item #37, an Ordinance to amend the Official Zoning Map by the designation and incorporation of the Historic Kempsville Area Overlay District; and Item #38, an ordinance to adopt the Historic Kempsville Area Master Plan as an amendment to the Comprehensive Plan. Item #34 - 38 City of Virginia Beach Page 2 William Din: Thank you Joe. Ms. Wood has stepped out a second. We're going to hear all the comments on all of these items at one time, Items #34 - 38. Joseph Strange: We have no ~me signed up to speak. William Din: We have no one signed up. Okay. I believe we're going to have a presentation on this? Eugene Crabtree: We heard it how many times? William Din: We've had this presentation presented to us several times in different formats. Robert Miller: It's gotten better each time. Eugene Crabtree: Lets do it. Ronald Ripley: It would be a good idea for Clay maybe to address it and overview. William Din: Clay, we don't want to over look this. I think it is very important amendments to these ordinances. Please come up and address us. Clay Bernick: Yes sir. Mr. Din and other members of the Planning Commission, I'll try to make this brief as I can. What I have to show you will kind of zip through it pretty quickly is the PowerPoint presentation that we provided the City Council when we briefed them on November 22, 2005. Kempsville contrary to what many people think when you go through the area now does have quite a history and was a significant location in the early years and settlement at that time Princess Anne County. The plan itself, were a lot of questions initially. Why do we need a plan for this area? I quickly touch on the setting for the plan and the process that we went through developing the plan, the vision and the goals and then some of the specifics about the plan. As all of you are aware, the City is going to be expending considerable funds to improve the intersection at Princess Anne and Kempsville and Witchduck, about $50 million dollars to improve that intersection over the next several years. And it created a tremendous opportunity to link that road improvement to a private and public partnership for redevelopment in that area. Along with that there is an opportunity to create a special sense of place, a place that has some character and uniqueness in doing that. Of course, where Kempsville is located at the intersection. This aerial photograph shows with the outline the boundary of the areas that are defined in the ordinances that would encompass the overlay district and the new ordinance amendments, and the design guidelines. Here are some aerials showing what the area looks like at present. A lot of vacant property, a lot of under utilized property and a little more close up of the street-scape that you currently see in that area. The process that we have been embarking on for this plan is about three years long now. We started in late August 2002, a little over three years. Item #34 - 38 City of Virginia Beach Page 3 We've had at a minimum of 35 community meetings. A citizen information meeting that we've held back in late October, early November in Kempsville and attended by about 100 residents. It's been in close coordination with roaçlway improvement project and managed by our Pul;'¡ic Works Department. That is one the first initiative ci~y project that VDOT has actually turned over the design, and planning and construction of this road to the locality. We are also getting consultant assistance and tremendous design services from WPL Consultants on this project. We had eight quadrant meetings, each quadrant of the new intersection. We went into more detail with the property owners about the vision and opportunities for the plan and individual meetings with property owners as well. So it's been a very thorough process but I think that helped achieve a lot of buy in early on. The vision that has developed from those community meetings is to recreate a village setting building on the historical character of the area. And at the same time accommodate development that will be compatible with the roadway for spending $50 million dollars on the road the last thing we want to do is clog that up with new development and lose the transportation improvements. But we think we can achieve a balance and have new development and still maintain that road. Also improving access through the area to the properties and making it a pedestrian friendly green. This is concept plan of what Historic Kempsville District could look like in the period of years. We don't have an exact timetable but roughly estimated that within a 10 to 20 year time period that the area could redevelop along these lines. And from an architectural standpoint and streetscape with street furniture and lighting, and signage, and so forth, the design guidelines and the ordinance amendments would enable us to create a setting more akin to these photographs. Some of these photos are from Merchant Square area in Williamsburg. The Newtown Project in James City County near their courthouse, the River Walk Landing at Yorktown and also Port Warrick in Newport News. Some of our goals in the plan are to promote land uses that would accomplish some multiple objectives making it more of a community center. A mix of land uses, the establishment of the Zoning Overlay District and encouraging future consolidation of the small parcel so that we have larger blocks for redevelopment. There are modifications proposed to the eternal street pattern to encourage and improve the circulation away from the intersection and main roads, and then also fostering some revitalization of the adjoining commercial and residential area outside the district. From a land use concept standpoint, we see a predominance of mixed use going into the area, small professional offices, shops, and boutiques, that sort of thing. First floor structures built close to the road with the new setbacks proposed in the ordinances. And then more residential uses above that second third floor structures. The village core for the area in terms on how the village starts to take its shape would be primarily in the northwest quadrant of the intersection where the more historic center of Old Kempsville was back from Colonial times till really the early part of the 20th Century. And other areas would have more of a service and a civic focus with gateways at each of the intersections leading into the area so you know you're coming in to a place a little bit different. The next several drawings just show a little more detail quadrant by quadrant what we envision the northeast quadrant is where the current fire station is located and that is envisioned as having more of a medical professional focus in that area. The southeast quadrant is more of an open space Item #34 - 38 City of Virginia Beach Page 4 recreational component. The balance of the Old Kempsville High ball field will become a village green or a formal community park. The southeast would be more of a professional office mix. And there is some potential for adaptive reuse of the Old Kempsvill~ High building. And then on the northwest we have a lqt of institutional uses such as Kempsville Baptist Church and Emmanuel Episcopal, which have been there combined probably 300 years or so. Some of the issues that we are working through not . only through the development of the plan and the ordinances but the City has implemented and created a task force to start to try to identify impediments to the plan implementation. We have some environmental constraints and some contamination issues on properties in the area that need to be cleaned up from past uses. We have some scheduling and a little choreographing a schedule for relocation of ball fields. It is very similar to what we had to do at Princess Anne for the Sentara project. How we can put together our best plan for disposal and use of that City property to optimize its potential for redevelopment with the plan. And making sure of course it is coordinated with transportation improvements and last but not least on the slide up there, working with the individual property owners so that everyone can really benefit from the project. This is just quickly showing in green what some of the properties are that the City either owns or will have to acquire. So a significant part of the property is going to be required for the road. I think we can skip over this one. Opportunities for the plan is enhancing the property value, improving transportation of course better integrating the area with the adjoining neighborhoods. Some quality design and development at a more community scale that could be, I guess envision as complimentary to what we tried to do at Town Center and Pembroke but at a much more neighborhood scale, and promoting historic setting. This busy drawing shows the pedestrian circulation system that will be developed as the plan is implemented tying into the City's major bikeways and trails. There will also be a mass transit integration with this with transit stops with shelters with HRT. I think we can skip this one. We can skip this one, this one, and this one. As I mentioned, this plan ties into very closely with the Comprehensive Plan, the Transportation Project. As part of the implementation team were working with Economic Development on marketing and developing of a focus for the area. That will be the next phase once the plan is adopted. It links in with the outdoor plan and bikeways and trails plan. And that's it. Do you have any questions? Dorothy Wood: Thank you. I appreciate it. Clay Bernick: Thank you. Dorothy Wood: Do I hear a motion and then discussion. Robert Miller: I just want to make sure we talk this morning about 35 mph speed limit that would be put into the final report as you go on to City Council January 10th. Clay Bernick: Yes. If Planning Commission would like to see that recommendation we can tie that into the plan. Of course, I think as Council looks at that they're going to have Item #34 - 38 City of Virginia Beach Page 5 to balance that against traffic timing and sequencing but I think it makes a lot of sense as we discussed earlier from a pedestrianization standpoint. . Dorothy Wood: Thank you. Robert Miller: I'll make a motion to approve the plan but I would like to have it supplemented with the 35 mph speed limit, William Din: I'll second that with comment. Dorothy Wood: Okay. Would you like to make a comment? William Din: Yeah. These amendments or these ordinances establish the Historic Kempsville District Overlay. It establishes a village type atmosphere and it tries to recover this part of the City. It's a very important part of the City. The team that put this together including Clay Bernick and Bill Macali, as previously stated and many other people and citizens deserve a lot of credit for doing this. Probably as much work went into this and as much planning and time as for the RT-1 and RT-2 and RT-3 amendments that we just spent a lot of time and probably at a difference circumstances this probably would have been a major and still is considered a major amendment to our plans. And we just don't want to down play this because of these types of circumstances that we're at this period in time. But this is a very important amendment. These amendments are very important and probably took as much time and like I said, is a very important part of the City. I'm proud that they have been working on this thing to get it where it is now a work in progress that will have a plan and we will proceed on forward. Dorothy Wood: Thank you. Joseph Strange: I would just like to say that I think Will is being a little modest but he is not giving himself credit for a lot of the things that are going on in Kempsville. I think it is only fitting and proper that his last vote will be to accept this Historic Kempsville District. William Din: Clay deserves all the credit. Dorothy Wood: No. You do also. AYE 10 NAY 0 ABSO ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KA TSIAS ABSENT Item #34 - 38 City of Virginia Beach Page 6 KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the Board has approved the ordinances for the Historic Kempsville Overlay District for Items #34 - 38. Dorothy Wood: Thank you and Happy Holidays to everyone. Meeting adjourned. ~ HISTORIC KEMPSVILLE AREA MASTER PLAN I RIFT leeelniler 14, 2005 Prepared by the City of Virginia Beach Department of Planning and WPL Landscape Architects Land Surveyors Civil Engineers Adopted by the City Council of the City of Virginia Beach, Virginia on January _,2006 as an Amendment to the Comprehensive Plan TABLE OF CONTENTS 1 INTRODUCTION 1 WHY A mSTO RI C KEMPSVILLE AREA MASTER PLAN? 3 THE PLANNING PROCESS 4 DESCRIPTION OF AREA AND BOUNDARIES 4 4 4 5 5 5 6 6 6 6 7 7 7 7 8 8 8 8 9 9 NATURAL FEATURES Waterways Wetlands Resource Protection Area Floodplains Tree Canopy MANMAD E LAND MARKS Gateways Bonney Road Intersection Kempshire Lane Intersection Fox Run Canal Eastern Branch Elizabeth River ARCHITECTURAL LANDMARKS AND STYLES Carraway House Emmanuel Episcopal Church Kemps Landing School Kempsville Baptist Church Pleasant Hall PRIMARY AND SECONDARY ROADWAYS LANDMARKS AND VISTAS 11 PLAN VISION AND GOALS 11 11 11 12 12 13 VISION GOALS Promote Land Uses that Accomplish Multiple Objectives Recommend a Mix of Land Uses Establish a Zoning Overlay District Encourage Future Consolidation or Parcels to Fonn Building Blocks for New Development Historic Kempsville Master Plan D RAFT December 14, 2005 i 13 14 Promote Modifications to Side Street Pattern Help to Promote Revitalization of Commercial Areas on Princess Anne Road West of Area Complement South Witchduck Road Project North fonn the Area to Virginia Beach Boulevard Complement Bonney and Grayson Road Area to Northeast of the Area Complement Residential Areas to South and East of the Area 14 14 14 15 OPPORTUNITIES, CONFLICTS AND ISSUES BY QUADRANT 15 15 15 16 16 16 17 17 17 17 18 18 19 19 19 20 NORTHEAST QUADRANT Opportunities Conflicts Issues SOUTHEAST QUADRANT Opportunities Conflicts Issues SOUTHWEST QUADRANT Opportunities Conflicts Issues NORTHWEST QUADRANT Opportunities Conflicts Issues 21 CURRENT ZONING AND LAND USE BY QUADRANT 21 21 22 22 Northeast Quadrant Southeast Quadrant Southwest Quadrant Northwest Quadrant 23 THE PLAN 23 lAND USE CONCEPT 23 VILLAGE FORM 23 CONCEPTUAL VILLAGE PLAN BY QUADRANT 24 Northeast Quadrant Historic KempsYille Master Plan D RAFT December 14, 200:> ii 24 24 24 24 25 25 27 27 27 27 27 27 27 28 29 31 33 43 51 111 113 114 115 116 117 118 119 120 Southeast Quadrant Southwest Quadrant Northwest Quadrant PEDESTRIAN CIRCUlATION INFRASTRUCTURE ELEMENTS AND STREET FURNITURE ARCHITECTURAL FABRIC RECOMMENDATIONS / FUTURE ACTIONS RECOMMENDATIONS Adoption of Architectural Design Guidelines Adoption of Recommended Vegetation Lists Adoption of City Zoning Ordinance Amendments and Other Ordinances FUTURE ACTION ITEMS Completion and Adoption of Vegetation and Street Architecture Design Guidelines, Architectural Design Photographic Pattern Book, and Aerial Dlustration of the Historic Kempsville Area Completion and Adoption of Economic Development Incentive Program, and Refined Public Investment Protection Strategy Adoption of Schedule and Funding Stream for Other Public Improvements in the Historic Kempsville Area APPENDICES 1 ARCIDTECTURAL DESIGN GUIDELINES 2 RECOMMENDED VEGETATION LISTS 3 CITY ZONING ORDINANCE AMENDMENTS AND OTHER ORDINANCES 4 MAPS Aerial Photo Overlay District Boundary Natural Features Northeast Quadrant Natural Features Southeast Quadrant Natural Features Southwest Quadrant Natural Features Northwest Quadrant Natural Features Gateways Historic Kempsville Master Plan D RAFT Deœmber 14, 200ð iii 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 145 145 148 Historic Structures and Sites Planning Quadrants Existing Utilities Current Zoning Northeast Quadrant Current Zoning Southeast Quadrant Current Zoning Southwest Quadrant Current Zoning Northwest Quadrant Current Zoning Current Land Use Northeast Quadrant Current Land Use Southeast Quadrant Current Land Use Southwest Quadrant Current Land Use Northwest Quadrant Current Land Use Land Use Concept Village Form Conceptual Village Plan Northeast Quadrant Conceptual Village Plan Southeast Quadrant Conceptual Village Plan Southwest Quadrant Conceptual Village Plan Northwest Quadrant Conceptual Village Plan Pedestrian Circulation Architectural Fabric Property Acquisitions 5 ACKNOWLEDGMENTS AND REFERENCES Acknowledgments References Historic Kempsville Master Plan D RAFr December 14, 2006 iv INTRODUCTION The Historic Kempsville Area Master Plan is intended to address and coordinate a number of related issues and opportunities in the area generally surrounding the Princess Anne Road - Kempsville Road - South Witch duck Road intersection. A significant investment in public funds is planned in the coming years associated with transportation improvements for this area. It is critically imperative that the City, in cooperation with affected property owners, use this opportunity to leverage these public investments into helping create a sense of place and character for this area of the City that is distinctive, supportive and complementary to other similar efforts underway in other areas of the City. This opportunity can be channeled into ways that helps to provide open space, enhance and promote neighborhood preservation efforts, retrofit stonnwater quality management, and help preserve valuable historic resources in the immediate and surrounding area. Issues to be addressed in the Historic Kempsville Area Master Plan include: Land Use Environmental Constraints and Opportunities Open Space Historic Resources Disposal and Use of Excess City Property and Right-of Way Creating a Sense of Place and Name Identification for the Area Coordination with Proposed Transportation Improvements Coordination with other City Public Facilities Coordination with Commercial and Institutional Interests Coordination with Residential Interests Design Guidelines Code Revisions The specific recommendations in this Plan are intended to serve as a stand alone document to assist the City, property owners and prospective developers in implementing the Plan's vision. In addition, this Plan through its adoption serves as a supplement to the City's Comprehensive Plan, providing the detail to refine the Comprehensive Plan's general recommendations for the area. WHY A mSTORIC KEMPSVILLE AREA MASTER PLAN ? The area surrounding the Princess Anne Road - Kempsville Road - South Witchduck Road intersection was the heart of the large portion of the City now called Kempsville since the colonial era. Many of the early happenings in the City were located in this area. Located at the head of navigation on the Eastern Branch of the Elizabeth River, the area served first as a port to move cargo Historic Kempsville Master Plan D RAFT December 14, 200:i 1 to and from the western and central portions of then Princess Anne County, as overland travel was poorly developed and unreliable at best. Rivers fonned the backbone of the local transportation system, and the pattern of development was primarily agrarian in nature, consisting of widely dispersed fanns. Few villages or urban areas existed in the County, as local fanns could transport their cash crops to market aboard ships that would dock at the planter's own wharves. The area now known as Kempsville was one of the few exceptions to this rule. In 1652 George Kempe acquired a parcel of land at the headwaters of the Eastern Branch, and by 1700, the area had become the small village of Kempe's Landing, with tobacco warehouses lining the banks of the riverfront. A similar village grew called New Town grew in the vicinity of present day Newtown Road on the Eastern Branch, but attempts to fonn a thriving village on the Lynnhaven near the area's first church and courthouse failed. As tobacco slowly diminished in importance as a local cash crop due to the depletion of the soil, the port of Newt own, and later, Kempe's Landing, gave way to Norfolk as the chief port in the region. Kempe's Landing continued to slowly grow as a population center in the County. In the summer of 1775, the royal governor of the Virginia colony, Lord Dunmore, was finding himself being forced into having to use force to maintain order against some colonists, who had learned of the fighting in Lexington and concord. Patrick Henry was raising a militia, and Dunmore ordered the seizure of the Norfolk Gazette press, halting publication, and called for royal troop reinforcements. The British 14th Regiment searched the region around Norfolk for weapons that the patriots might use against the royal governor and his troops, and on October 12 came to Kempe's Landing searching for gunpowder that had just been relocated by patriots. On November 15, the royal troops returned to Kempe's Landing under Lord Dunmore's command, upon hearing that several hundred militia were assembled there. Mter a brief effort to hold, the local militiamen fled, after John Ackiss was killed (the first Virginian patriot to die in the Revolution), and two others were captured. Lord Dunmore remained at Kempe's Landing, hosted by loyalist merchant John Logan. Dunmore issued an order requiring all residents to take an oath of loyalty to the Crown, and issued an emancipation Proclamation establishing martial law and offering freedom to all blacks who joined the British troops, in effect declaring that a state of rebellion existed in the Virginia colony. The British suffered their first defeat in Virginia at Great Bridge in December, and Lord Dunmore soon left the colony in early 1776, after burning Norfolk to the ground. By this time, New Town, which had become the third courthouse for the County, had declined in importance and no longer offered lodging or entertainment facilities for persons on county business, and was vulnerable to British attack. County residents petitioned and received approval fonn the Virginia General Assembly to move the county seat to the more secure and prosperous Kempe's Landing in 1778. Court sessions were held in George Logan's store until the court authorized construction of a courthouse and jail in 1782. In 1783, Kempe's Landing was granted town status by the General Assembly, its name was changed to Kempsville, and lots were laid out for a larger town. Governor Thomas Jefferson and the General Assembly authorized the construction of a canal to link Historic Kempsville Mastel" Plan D RAFr December 14, 2005 2 Kempsville to both the Lynnhaven and the North Landing Rivers, but neither project was ever completed. Kempsville remained the County seat until 1824, when the courthouse was moved to its present location at Princess Anne. Kempsville remained the center of a thriving local fanning community until the Civil War, when the area was largely under federal rule. During reconstruction, the area suffered widespread economic depression, which stymied economic recovery and expansion for decades. Following Wodd Wars I and II, the region began its massive growth as a new suburb to Norfolk. Numerous structures built in Kempsville from the colonial era through the mid 1800's still existed in Kempsville through the 1960's. It was recorded that the area had more concentration of historic structures as an intact village than any area in Hampton Roads with the exception of Williamsburg. Unfortunately, rapid suburbanization, followed by road construction, obliterated much of this setting. With the plans for new transportation improvements for the area imminent, the concept to link roadway construction to a plan to recreate a sense of place for this important location in the history of the City gained momentum. Accordingly, this master plan for Historic Kempsville was conceived to reestablish a unique sense of place for this area, with the intention of building a bridge between the remains of its past and the prospect for its future as part of the Commonwealth's largest City. THE PLANNING PROCESS The process employed for the development of the Historic Kempsville Plan has relied heavily upon input fonn the local community. For three years, area business, civic, institutional and development interests have been meeting to define a vision, to establish specific goals and recommendations, and to frame a physical picture for guiding the future growth and redevelopment of the area. This group became known as the Kempsville Center Strategy Group, and has met montWy with few exceptions throughout the three year planning period. The group also included representatives from the Citizens Advisory Committee fonned by the City and consultants working on refinement of the transportation plans for the area. Throughout the planning process, there has been an intense effort to ensure that ongoing coordination between the land use planning and transportation planning efforts has taken place, so that both efforts might mutually reinforce and benefit the other. During the plan refmement and phase of the process, numerous meetings involving special workshops and one-on-one sessions for property owners in each quadrant of the area, along with a general Citizens Infonnation Meeting, were held to facilitate feedback and solicit input for the development of the Plan. In the adoption phase of the process, both the Planning Commission and the City Council provided opportunities for fonnal public review and comment on the draft Plan. Once adopted, the implementation phase of the Plan will include opportunities for continued public involvement during the special approvals required for rezoning and conditional use pennit approvals for projects in the area. Parallel to this opportunity for ongoing citizen input, the City has fonned a Kempsville Plan Implementation team Historic Kempsville Master Plan D RAFT December 14, 2005 3 to help ensure that the various sections of the City organization involved in Plan implementation continue to work together to accomplish the Plan's vision. DESCRIPTION OF AREA AND BOUNDARIES The Historic Kempsville area has been defined for the purposes of this study as the area surrounding the intersection of Kempsville, Princess Anne, and South Witchduck Roads, exclusive of the residential subdivisions that surround this intersection. An aerial photo and a map that define the geographic limits for this area are found in Appendix 5, pages 113 and 114, respectively. NATURAL FEATURES Although at first glance not readily apparent, the Historic Kempsville area retains many unique natural features that have withstood intensive development pressures, from the Colonial era to the present day. These features include natural and manmade waterways, wetlands, floodplains, and considerable tree canopy interspersed among existing developed properties. Maps showing the locations of natural features in the Historic Kempsville area are found in Appendix 4, page 115 through page 119. Waterways The Historic Kempsville area is bounded to the west by the headwaters of the Eastern Branch of the Elizabeth River. This waterway, while still tidal, is only a shadow of its former self, when it provided access for commercial boat traffic from the Colonial port and seat of government in Princess Anne County. The natural headwaters of the Eastern Branch join the manmade waterway known as Fox Run Canal fonns the southern boundary of the area. This manmade waterway empties into the Eastern Branch of the Elizabeth near the western boundary of the area. This drainageway was originally intended to be part of a navigable canal system linking the Eastern Branch of the Elizabeth River to the North Landing River in the early 19th century, but was never fully improved to accomplish this purpose, and instead become the backbone of a system of manmade drainage ditches and channels for agricultural development of the area. In the post Wodd War II building boom that initiated the suburban development of then Princess Anne County, much of this drainage system was converted to providing urban drainageways and stonnwater management, predating current water quality standards. Wetlands Both tidal and nontidal wetlands are located adjoining the Eastern Branch of the Elizabeth River and the Fox Run Canal extending east from the river. These wetlands areas provide important functions and benefits as wildlife habitat, nursery and spawning areas for aquatic animals and waterfowl, flood Historic Kempsville Master Plan D RAFr December 14, 200:) 4 buffers, stonnwater filtering, erosion control, and passive open space. Tidal wetlands are regulated under City ordinance from certain development activities. Nontidal wetlands are similarly regulated under State law from certain development activities. Both tidal and nontidal wetlands are further regulated under federal law from certain development activities. Resource Protection Areas Resource protection areas as identified in the Commonwealth's Chesapeake Bay Preservation Act are located adjoining the Eastern Branch of the Elizabeth River and the Fox Run Canal extending east from the river. These areas are that component of a Chesapeake Bay Preservation Area comprised of lands adjacent to waterbodies with perennial flow which have an intrinsic water quality value due to the ecological and biological processes they pedonn, or due to their sensitivity to adverse impacts which may result in significant degradation to the quality of state waters. Resource protection areas are regulated under City ordinance from certain development activities. Floodplains The Historic Kempsville area is located near the headwaters of an extensive riverine floodplain adjoining the Eastern Branch of the Elizabeth River, running westward into the City of Nodolk. These floodplains are important areas for buffering flooding primarily from tidal stonn events such as Northeasters and hurricanes. While the City Code does not prohibit development from the floodplains in this part of the City, it is desirable to voluntarily restrict development form the floodplain if at all possible to protect private property interests. Development located with the 100 year floodplain must have a minimum 1 foot elevation above the flood level for all habitable spaces, and must carry flood insurance. Tree Canopy The tree canopy in the Historic Kempsville area is dominated by willow oak, red oak, swamp chestnut oak, red maple, sweet gum, and loblolly pine. The presence of a tree canopy in the area provides a setting that is unmatched by many other more highly developed areas in the City, and helps give the area a distinctive setting. This mix of native trees has withstood intense development pressures as well as natural threats such as stonns and drought over the last fifty years and thrived. Accordingly, it provides a fine example of the kind of urban tree canopy that may be desirable to expand upon in conjunction with future new development and redevelopment activity, as it has proven its tolerance to manmade and natural stresses. Historic Kempsville Master Plan D RAFT Deœmber 14, 200:; 5 MANMAD E LAND MARKS The Historic Kempsville area exhibits a host of manmade elements that help to give shape, fonn, function and limits to the area, and thereby defme its boundaries and help frame its existing and proposed development patterns. These elements include gateways, architectural landmarks and styles, primary and secondary roadway networks, and vistas. Gateways The Historic Kempsville area as defined in this Plan is bounded by several features that can help to serve as gateways for persons entering or leaving the area. The primary roadway pattern helps reinforce this quality by allowing for the area to be divided into four quadrants around the central intersection. A map showing the locations of the major gateways to the Historic Kempsville area is found in Appendix 4 on page 120. The major gateway locations and features, running clockwise from the north side of the area, are as follows: Bonney Road Intersection The Bonney Road intersection was originally configured so that Bonney Road extended to the Princess Anne Road / Kempsville Road intersection. At that time, South Witchduck Road did not extend through the Kempsville Heights neighborhood as it does today from Interstate 264 south to the Princess Anne Road / Kempsville Road intersection. The change in land uses that occurs in the vicinity of the Bonney Road intersection make it a logical place to distinguish the area from the Kempsville Heights neighborhood to the north. Land uses in the vicinity are primarily light office and commercial to the south, and suburban single family residential to the north. The small drainageway and topographic dip in the natural landscape separating the Kempsville Heights neighborhood to the north from the area to the south affords an opportunity to create a gateway feature that helps emphasize that travelers are either entering or exiting a separate and unique area. Kempshire Lane Intersection Kempshire Lane Intersection, while one of the most recent street additions in the vicinity, functions much as the Bonney Road intersection, in that the change in land uses that occurs in the vicinity of the intersection make it a logical place to distinguish the area from the Kempsville Manor and Kempsville Gardens neighborhoods to the east. Land uses in the vicinity are primarily suburban single family residential, light office and commercial to the west, and suburban single family residential to the east. The intersection location affords an opportunity to create a gateway feature that helps emphasize that travelers are either entering or exiting a separate and unique area. Historic Kempsville Master Plan D RAFr December 14, 2005 6 Fox Run Canal The Fox Run Canal crossing at Kempsville Road provides a physical gateway feature to the area from the south. This manmade though naturalized feature helps travelers experience a sense of arrival when entering the area from the south that should be emphasized to a greater extent. Planned physical improvements to the crossing to facilitate the planned transportation project afford an opportunity to further accentuate this feature in the fabric of the area, through the use of carefully coordinated aesthetic treatments of the road. Land uses in the vicinity are primarily suburban single family residential and institutional to the south, and light office, commercial and institutional to the north. The Fox Run Canal crossing adjoins additional public properties that afford an opportunity to enhance this gateway. Eastern Branch Elizabeth River The Eastern Branch of the Elizabeth River crossing at Princess Anne Road fonns the strongest natural landmark feature in the area; one that is sadly obstructed and largely unnoticed by many who regularly travel this corridor. Travelers could experience a strong sense of arrival or departure when crossing this area that will be greatly enhanced through aesthetic treatment of the road crossing in conjunction with the planned intersection transportation improvement project. This area was also the immediate vicinity of the original river wharf and landing. Land uses in the vicinity are primarily suburban single family residential and commercial to the west, and light office and institutional to the east. The river crossing and the planned redesign of the Lord Dunmore Drive intersection affords an opportunity to enhance the existing natural gateway features in the area. ARCHITECTURAL LANDMARKS AND STYLES The remaining structures in the Historic Kempsville area provide a glimpse into the scale and locations of structures that probably existed in Kempsville in earlier times. While not a center of great wealth, the area was probably home to residents of poor to modest means, and reflected the colonial architecture prevalent throughout eastern Tidewater Virginia. This style has proven timeless and is recognized today as affording the area the best opportunity to recreate a unique sense of place as it undergoes further development and redevelopment. The following structures, roadway infonnation and vistas help to describe how the vision for the area can build upon the best elements and framework of the past. A map showing the locations of the historic structures and sites located in the Historic Kempsville area is found in Appendix 4 on page 121. Carraway House The Carraway House is one of the few remaining eighteenth century frame dwellings in the City, providing one of few examples of a middle class residence of the era. James Carraway acquired the Historic KempsmIe Master Pian D RAFr December 14, 200ð 7 land in 1733 and built the house shortly thereafter. An addition was added to the house in the late eighteenth century, and the north wing of the house was a separate kitchen until attachment to the house in the twentieth century. Members of the Carraway family occupied the house for over 200 years, until its acquisition by another party in 1979. The house now sits on a new location as it was moved in 1962 to accommodate construction of South Witchduck Road. The house is a fine example of a colonial saltbox style. Emmanuel Episcopal Church First built in 1842, Emmanuel Episcopal Church was fonned as the fourth Lynnhaven Parish church when Old Donation Church was abandoned. Emmanuel became the only Episcopal Parish in the City until Old Donation was refonned in 1916. Emmanuel was the first building built in Kempsville for church purposes. It was completed in 1843 on land donated by David Walke, a son of Old Donation's fonner rector, and the owner of Fairfield manor. Emmanuel became the "parent church" of the Lynnhaven Parish until it was destroyed by fire on October 12, 1943. Rebuilt by 1945, a portion of the original foundation and walls, which survived the fire, comprise the oldest part of the current structure. The Church graveyard contains Civil War graves. Kemps Landing School The current structure was built on the site of previous public schools for the Kempsville community. The old county jail was the first public school after the courthouse moved to Princess Anne in 1824, and remained the school location until the late nineteenth century. When it was replaced by a frame structure which stood near the east bank of the Eastern Branch of the Elizabeth River. After 1924, this second structure was replaced by the new Kempsville High School, which was replaced by the two story structure on the current school site in 1941. This building continues in use by the City school system to this day. Kempsville Baptist Church The fourth oldest Baptist church in the City, Kempsville Baptist was established in 1814. The congregation's first building was the fonner county courthouse, and served as its home from 1826 to 1911, when it moved to its current property just west of the old courthouse site. The old church cemetery to the north of the old courthouse site still remains. Pleasant Hall Built by Scottish native and Kempe's Landing merchant George Logan, the house now known as Pleasant Hall was probably completed in 1769. After the November 1775 Skinnish of Kempsville, Logan publicly announced his support of the Crown and left for Scotland. The house is currently Historic Kempsville Master Plan D BA.Fr December 14, 2005 8 owned by Kempsville Baptist Church, and retains much of its original woodwork. The structure is on the National Register of Historic Landmarks and is a fine example of a colonial era Georgian architecture residence. PRIMARY AND SECONDARY ROADWAYS The present locations of Princess Anne, Kempsville, and South Witchduck Roads have changed little in the past two centuries, with the exception of the extension of South Witchduck Road to Princess Anne Road in 1962. Prior to that time, Bonney Road intersected Princess Anne Road and continued eastward to its current tenninus at Rosemont Road. Little remains of the side street pattern of Kempsville, as it existed in earlier times. In keeping with the village pattern of that time, however, one can sunnise that the major roadways were laid out to follow long established trails and paths, and the side street pattern would have likely reflected an infonnal pattern, as Kempe's Landing was not a planned town as Williamsburg. These side streets were often located between two major landholder's properties, so that a landholding was not bisected by an intervening road, thereby making it difficult for the owner to fann or manage the tract. Accordingly, recommendations for vehicular and pedestrian circulation suggest a framework that reinforces this pattern that would most likely have been in use in the area in its past. LANDMARKS AND VISTAS The most prominent landmarks and vistas in the Historic Kempsville area were most likely the waterfront and the large brick structures. The waterfront vista has diminished over time, as the area has silted in and become less visible from adjoining fill of the waterway and wetlands areas since its heyday as a port of call. Throughout its history, the large brick structures which have dominated the built environment have ranged from residences like Pleasant Hall, to churches like Emmanuel Episcopal and Kempsville Baptist in the nineteenth century, to other businesses and institution like Kemps Landing School, the fonner Kempsville Volunteer Fire Station and Rescue Squad building and Yoder Dairy in the twentieth century. From these examples, the Historic Kempsville Area Master Plan suggests that reintroducing water as a central design element where possible, coupled with the use of brick structures, helps to establish landmarks in the area. Orientation of these landmarks in relation to existing or planned roadways and pedestrian paths will help to reintroduce vistas for pedestrians and motorists alike, reinforcing a unique sense of place for the area. Historic Kempsville Master Plan D RAFT December 14, 200:¡ 9 Historic Kempsville Master Plan D RAFI' December 14, 2005 10 PLAN VISION AND GOALS VISION The vision for the Historic Kempsville area is to recreate a village setting, building on the natural setting and historic character and importance of the area while: accommodating reasonable development and redevelopment opportunities for property owners in a manner that is compatible with the new roadway system; maintaining and improving access to serve existing commercial, office and institutional uses; not exacerbating vehicular traffic congestion and conflicts in the area; and not reintroducing traffic congestion and conflicts in the area that the new roadway system was designed to remedy. GOALS In order to implement the vision for the Historic Kempsville area, the following goals have been defined, with accompanying infonnation intended to better articulate desired outcomes. These goals are not ranked in any order of significance or hierarchy, but rather reflect a convergence of ideas intended to achieve the vision of the area. Promote Land Uses that Accomplish Multiple Objectives Land uses desirable for the Historic Kempsville area should be subjected to a test that will assess the degree to which a specific site plan or development project accomplishes the following: does not generate significant traffic increases in area promotes better traffic flow and through movement promotes better internal circulation and movement protects historic, cultural and environmental elements encourages redevelopment of property creates a distinctive a sense of place for the area identifies environmental constraints and opportunities increases open space provides safe pedestrian movement provides integrated approach to disposal and use of excess City property and right-of way exhibits coordination with proposed transportation improvements reflects coordination with other City public facilities emphasizes coordination with commercial and institutional interests Historic Kempsville Master Plan D RAFT December 14, 2005 11 respects coordination with residential interests enhances and promotes neighborhood preservation efforts retrofits stonnwater quality management Recommend a Mix of Land Uses Land uses desirable for the Historic Kempsville area should be focused around four major categories of uses that emphasize compatibility with one another and cohesion to help form the overall sense of place and identity for the area: institutional- churches, public facilities. open space - recreation, parks, natural areas mixed use - professional offices, limited retail residential - limited opportunities but designed so as to be compatible with other recommended land uses Establish a Zoning Overlay District A Historic Kempsville Zoning Overlay District should be established in the City Zoning Ordinance to encourage strong adherence to architectural, vegetation, street furniture, and site design themes that will reinforce the sense of place and identity of the area. Essential elements of this strategy should include: Architecture and Land, Vegetation, and Street Furniture Design Guidelines Reduced front and side yard setbacks to encourage street scale design, rear and side yard parking, and greater accommodation of pedestrians Recommended Themes ! Features ! Elements should place emphasis on: brick walks as at Freemason Harbor, Merchants Square low brick walls as at Old Dominion University; Municipal Center colonial! Georgian architecture; clustered buildings as at Merchants Square interior parking as at Merchants Square; Thoroughgood Commons pedestrian ways to help create a pedestrian street grid pattern to reinforce village theme brick stamped paving crosswalks as at Independence Boulevard; Kempsville & Providence Roads; Municipal Center street scale street lighting as at Municipal Center brick bridge abutments as at Doziers Bridge; Gum Swamp Bridge fonnal vegetation and street furniture style as at Colonial Williamsburg; Municipal Center canopy street trees - oaks or maples brick faced noise walls along west side Kempsville Road from Kempsville Canal to Fairfield Boulevard and along south side of Princess Anne Road from Kempshire Lane to White Oak Drive, south side Historic Kempsville Master Plan D RAFT Deœmber 14, 2005 12 removal of overhead utility wires where possible historic markers & monuments; history walk public art low impact development features - rain gardens, etc. to reduce runoff Encourage Future Consolidation of Parcels to Fonn Building Blocks for New Development Infill development and redevelopment plans should be promoted and encouraged through the provision of incentives where possible for parcel consolidation or integrated design with cross access agreements. Significant City land ownership can be used to encourage this kind of development pattern, particularly in the following sub-areas: northeast quadrant southeast quadrant Promote Modifications to Side Street Pattern The side street pattern needs to be redesigned to better accommodate traffic movement and better serve the major thoroughfare transportation improvements planned for the area. The side street pattern should be designed to specifically accomplish the following objectives: northeast quadrant - increase emergency access for fire and rescue; promote complimentary redevelopment opportunities; protect Kempsville Gardens neighborhood; maintain and improve access to serve existing commercial, office and institutional uses southeast quadrant - promote complementary redevelopment opportunities; protect Kempshire neighborhood; maintain and improve access to serve existing residential uses southwest quadrant - promote complementary infill development opportunities; protect Fairfield neighborhood; promote west gateway to area; maintain and improve access to serve existing office and institutional uses northwest quadrant - maintain and improve access to serve existing commercial, office and institutional uses Historic KempsYille Master Plan D RAFT December 14, 2005 13 Help to Promote Revitalization of Commercial Areas on Princess Anne Road West of the Area The activities and investment planned for the Historic Kempsville area provide a unique opportunity to help promote complementary redevelopment and revitalization of commercial and office uses located to the immediate west of the area, and also help promote preservation and revitalization of residential areas to the west of the area. Complement South Witchduck Road Project North from the Area to Virginia Beach Boulevard The activities and investment planned for the Historic Kempsville area provide a unique opportunity to help promote preservation and revitalization of residential uses located to the immediate north of the area, and also help promote redevelopment and revitalization of office, commercial and institutional uses located to the north of the area. Complement Bonney and Grayson Road Area to Northeast of the Area The activities and investment planned for the Historic Kempsville area provide a unique opportunity to help promote preservation and revitalization of residential and office uses located to the immediate northeast of the area, and also help promote redevelopment of office and institutional uses located to the northeast of the area. Complement Residential Areas to South and East of the Area The activities and investment planned for the Historic Kempsville area provide a unique opportunity to help promote preservation and revitalization of residential uses located to the immediate east of the area, and also help promote preservation and revitalization of residential and institutional uses located to the immediate south of the area. Historic Kempsville Master Plan D RAFr December 14, 2005 14 OPPORTUNITIES, CONFLICTS AND ISSUES BY QUADRANT While the entirety of the Historic Kempsville area defines a unique resource, each of the quadrants of the proposed intersection exhibits opportunities, conflicts, and issues specific to itself. A map identifying the quadrants that comprise the Historic Kempsville area is found in Appendix 4 on page 122. NORTHEAST QUADRANT The Northeast Quadrant is bounded by Bonney Road and the Kempsville Lake subdivision on the north, the Kempsville Heights subdivision on the east, relocated Princess Anne Road on the south, and relocated South Witchduck Road on the west. Opportunities Land uses in the quadrant are currently a mix of professional offices, retail businesses, the Kempsville Fire Station, the fonner mosquito control property, Yoder Dairy, and several residential units. The planned road improvements will provide a new public service road connecting the quadrant to Princess Anne Road at a planned nonsignalized intersection with a median break. This connection will additionally provide an alternative access to and from the fire station. Lands to be acquired for the road project in excess of right of way requirements afford opportunities to accommodate planned expansion of the fire station. Yoder Diary is completing a major replacement project of its current operation and expanding its facility to include a retail establishment open to the public. A major planned trail corridor runs alongside the western boundary of the area. A portion of an abandoned rail corridor runs through the quadrant and affords an opportunity to fonn one tenninus of a proposed trail corridor ultimately linking the Historic Kempsville and Town Center areas. The presence of the emergency medical and rescue services associated with the fire station site afford an opportunity to encourage redevelopment of the quadrant primarily as a medical office campus, in keeping with the proposed architectural design guidelines recommended in the Plan. Related support facilities and business establishments would be appropriate support activities in this quadrant, provided that anticipated vehicular traffic volumes do not exceed roadway design criteria for the quadrant. Property consolidations would allow assemblage of larger parcels to help promote such new development and redevelopment with shared interior parking amenities. Conflicts The planned intersection improvement project will not include major relocation of existing utilities in the quadrant, as these are not necessary for the intersection project and funds are not allocated for Historic Kempsville Master Plan D RAFr December 14, 2006 15 this purpose. Accordingly, future redevelopment as envisioned in the plan will need to be designed to either incorporate utility relocations as a cost of accommodating new development, or to avoid adverse conflicts with existing utilities by utilizing these areas for non-structural purposes, such as open space, plazas, common areas or parking. However, planned quadrant service roadway locations are proposed to be integrated to a great extent with existing utility alignments so as to minimize potential for adverse affects upon new development or redevelopment opportunities. Issues Potential redevelopment of the fonner mosquito control property will require letters of release from the Virginia Department of Environmental Quality to assure that any remaining contamination from the site has been removed or contained in an acceptable manner. SOUTHEAST QUADRANT The Southeast Quadrant is bounded by relocated Princess Anne Road on the north, the Kempshire subdivision on the east, Fox Hill Canal on the south, and relocated Kempsville Road on the west. Opportunities Land uses in the quadrant are currently a mix of professional offices, retail businesses, the Kemps Landing School ballfields, and two streets of residential units. The planned road improvements will maintain two existing public roadway connections to Princess Anne Road; Downey Drive and Kempshire Lane. The Downey Drive intersection is planned as a right turn in / out intersection only, with no median break, while Kempshire Lane is planned as a nonsignalized intersection with a median break. Lands to be acquired for the road project in excess of right of way requirements afford opportunities to accommodate a planned village green or square on the remaining portion of the old ballfields site not needed for the planned intersection improvement project. Other lands to be acquired for the road project in excess of right of way requirements afford opportunities to accommodate new development for redevelopment of the quadrant with a variety of mixed uses. These mixed uses, consisting of specialty retail and professional establishments and residential units, should be encouraged to take advantage of the exposure and views the planned village green afford. A major planned trail corridor runs alongside the western boundary of the area. Fox Hill Canal to the south affords an opportunity for an enhanced vegetated buffer separating new development or redevelopment from the Kempsville Elementary School site, while also enhancing water quality protection. The presence of the planned village green affords an opportunity to encourage redevelopment of the quadrant primarily as a mixed use area, in keeping with the proposed architectural design guidelines recommended in the Plan. Property consolidations would allow assemblage of larger parcels to help Historic Kempsville Master Plan D RAFr December 14, 2005 16 promote new development and redevelopment with shared interior parking amenities, so long as traffic volumes do not exceed roadway design criteria for the quadrant. Conflicts The planned intersection improvement project will not include major relocation of existing utilities in the quadrant, as these are not necessary for the intersection project and funds are not allocated for this purpose. Accordingly, future redevelopment as envisioned in the plan will need to be designed to either incorporate utility relocations as a cost of accommodating new development, or to avoid adverse conflicts with existing utilities by utilizing these areas for non-structural purposes, such as open space, plazas, common areas or parking. The planned intersection improvement project does call for the planned relocation of existing utilities underground in the vicinity of the planned village green, in keeping with the recommendations of the Historic Kempsville Plan. Additionally, planned roadway locations are not proposed to deviate from existing utility alignments to any great extent or to adversely affect new development or redevelopment opportunities. Issues Potential redevelopment of the fonner ballfields site as a village green is being coordinated with stonnwater management facilities required for the planned intersection improvement project. The village green should be designed to incorporate this feature as an amenity, with a bulkheaded shoreline, to better reflect the historic setting of the area as a port and to support the concept of the village green as an urban open space area. The former mosquito control property will require letters of release from the Virginia Department of Environmental Quality to assure that any remaining contamination from the site has been removed or contained in an acceptable manner. SOUTffWESTQUADRANT The Southwest Quadrant is bounded by relocated Princess Anne Road on the north, relocated Kempsville Road on the east, Fox Hill Canal on the south, and the Eastern Branch of the Elizabeth River on the west. Opportunities Land uses in the quadrant are currently a mix of professional offices and the Kemps Landing School building, currently being used as the SECEP school site. The planned road improvements will provide a new public service road connecting the quadrant to Princess Anne Road at a planned signalized intersection. This connection will additionally link to a relocated Lord Dunmore Drive to access the Fairfield neighborhood. Lands to be acquired for the road project in excess of right of way requirements afford opportunities to accommodate new development or redevelopment of the Historic Kempsville Master Plan D RAFI' December 14, 200:i 17 quadrant with a variety of mixed uses. These mixed uses, consisting of specialty retail and professional establishments and residential units, should be encouraged to consider adaptive reuse of the old Kempsville High building, the two story portion of the Kemps Landing school, as a landmark opposite the planned village green. Fox Hill Canal to the south affords an opportunity for an enhanced vegetated buffer separating new development or redevelopment from the Fairfield subdivision, while also enhancing water quality protection. The presence of the old school structure and the waterway features afford an opportunity to encourage redevelopment of the quadrant primarily as a mixed use area, in keeping with the proposed architectural design guidelines recommended in the Plan. Property consolidations would allow assemblage of larger parcels to help promote new development and redevelopment with shared interior parking amenities, so long as traffic volumes do not exceed roadway design criteria for the quadrant. Property adjoining the Eastern Branch of the Elizabeth River affords an opportunity to provide nonmotorized water access for canoes and kayaks, and a setting to help interpret the historic origins of the area as a colonial seaport. Conflicts The planned intersection improvement project will not include major relocation of existing utilities in the quadrant, as these are not necessary for the intersection project and funds are not allocated for this purpose. Accordingly, future redevelopment as envisioned in the plan will need to be designed to either incorporate utility relocations as a cost of accommodating new development, or to avoid adverse conflicts with existing utilities by utilizing these areas for non-structural purposes, such as open space, plazas, common areas or parking. Additionally, planned roadway locations are not proposed to deviate from existing utility alignments to any great extent or to adversely affect new development or redevelopment opportunities. The planned linkage of the new service road to relocated Lord Dunmore Drive will require careful monitoring of traffic conditions to help ensure that planned improvements do not exacerbate current cut through traffic issues in the Fairfield neighborhood, but are in fact alleviated by the planned intersection project. Issues The raw water line connecting the Stumpy Lake reservoir to the Lake Smith reservoir cuts across the Kemps Landing School property. Relocation of the raw water line from its current location in the quadrant is not necessary for the intersection project and funds are not allocated for this purpose. Accordingly, future redevelopment as envisioned in the plan will need to be designed to either incorporate raw water line relocation as a cost of accommodating new development, or to avoid adverse conflicts with the existing raw water line by utilizing the area for non-structural purposes, such as open space, plazas, common areas or parking. However, potential relocation of the raw Historic Kempsville Master Plan D RAFr Deœmber 14, 2005 18 water line would enhance future new development and redevelopment potential to the Kemps Landing School property. NORTHWEST QUADRANT The Northwest Quadrant is bounded by an unnamed tidal tributary to the Eastern Branch of the Elizabeth River and a drainage ditch on the north, relocated South Witchduck Road on the east, relocated Princess Anne Road on the south, and the Eastern Branch of the Elizabeth River on the west. Opportuni ties Land uses in the quadrant are currently a mix of professional offices, several retail establishments, two churches, and two historic structures. The planned road improvements will provide a new public service road connecting the quadrant to South Witchduck Road at a planned signalized intersection at Bonney Road. This connection will additionally link to a redesigned old Princess Anne Road running through the quadrant, providing access to the Kempsville Heights neighborhood at a "T" intersection with Overland Road and a new signalized intersection with relocated Princess Anne Road. Lands to be acquired for the road project in excess of right of way requirements afford opportunities to accommodate new development or redevelopment of the quadrant with a variety of mixed uses. These mixed uses, consisting of specialty retail and professional establishments and residential units, should be encouraged to consider designs which complement and take advantage of the settings afforded by Pleasant Hall, the Carraway House, and the existing churches. The presence of the historic structures, churches, and the considerable development which exists in the quadrant collectively afford an opportunity to encourage future redevelopment of the quadrant primarily as a mixed use area, in keeping with the proposed architectural design guidelines recommended in the Plan. Property consolidations would allow assemblage oflarger parcels to help promote new development and redevelopment with shared interior parking amenities, so long as traffic volumes do not exceed roadway design criteria for the quadrant. Property adjoining the Eastern Branch of the Elizabeth River affords an opportunity to provide a pedestrian oriented waterfront, and a setting to help interpret the historic origins of the area as a colonial seaport. Conflicts The planned intersection improvement project will not include major relocation of existing utilities in the quadrant, as these are not necessary for the intersection project and funds are not allocated for this purpose. Accordingly, future redevelopment as envisioned in the plan will need to be designed to either incorporate utility relocations as a cost of accommodating new development, or to avoid adverse conflicts with existing utilities by utilizing these areas for non-structural purposes, such as Historic Kempsville Master Plan D RAFT December 14, 200:S 19 open space, plazas, common areas or parking. The planned linkage of the new service road to old Princes Anne Road and a new Bonney Road / Office Square Lane intersection will afford existing businesses access to the new roadway improvements, yet also afford an opportunity for future redevelopment of the area and ultimate removal of the planned service road to better achieve the desired design character for the area. Also, the planned downsizing of existing Princess Anne Road to a two lane quadrant service road is proposed to be integrated to a great extent with existing utility alignments so as to minimize potential for adverse affects upon new development or redevelopment opportunities. Issues Potential redevelopment of the fonner shopping center site adjoining Emmanuel Episcopal Church is being coordinated with a voluntary environmental remediation project being undertaken by the City in coordination with the Virginia Department of Environmental Quality, due to groundwater contamination from a fonner service station and dry cleaning establishment on the property. Satisfactory cleanup of the property will require letters of release from the Virginia Department of Environmental Quality to assure that any remaining contamination from the site has been removed or contained in an acceptable manner. Once that has been accomplished, the City will need to negotiate with Emmanuel Episcopal Church on an acceptable property compensation plan for land to be acquired from the church for the planned intersection improvement project. The raw water line connecting the Stumpy Lake reservoir to the Lake Smith reservoir cuts across the Emmanuel Episcopal Church property. Relocation of the raw water line from its current location in the quadrant is not necessary for the intersection project and funds are not allocated for this purpose. Accordingly, future redevelopment as envisioned in the plan will need to be designed to either incorporate raw water line relocation as a cost of accommodating new development, or to avoid adverse conflicts with the existing raw water line by utilizing the area for non-structural purposes, such as open space, plazas, common areas or parking. However, potential relocation of the raw water line would enhance potential expansion plans for Emmanuel Episcopal Church. Historic Kempsville Master Plan D RAFr December 14, 2005 20 CURRENT ZONING AND lAND USE BY QUADRANT The current pattern and distribution of development in the Historic Kempsville area is a reflection of the history of development of the area, from its colonial era to the present time. This pattern underwent its most significant change during the twentieth century, with the introduction of the automobile and the subsequent suburbanization of the area. Prior to this time, the land use pattern in the Historic Kempsville area, as in most of the rest of the City, was driven strictly by nonmotorized modes of transportation, but more importantly by preferences based on family land ownership, economic efficiencies such as proximity to market, and traditional land use patterns inherited from the colonial era. The coming of the canal era in the first half of the nineteenth century largely bypassed Kempsville, primarily due to its interruption by the Civil War. The railroad era did bring changes to Kempsville through a spur line connecting to the current Norfolk Southern rail corridor running east to west across the City. This only served to reinforce the importance of the central intersection in the land use pattern of that time. The arrival of the automobile saw the beginning of the decline of many of the historic structures and the predominant land use pattern that had shaped the Historic Kempsville area, and this decline further intensified as the surrounding agricultural areas grew into suburbs in the post World War II era, until the 1970's. By that time, most of Kempsville was fully developed, and decline of the importance of the central intersection in Kempsville as a retail and institutional center for the community began, as new areas were developed to fill these needs which exhibited more space for retail, office, and institutional needs. The shopping areas developed at Fairfield and Carolanne Farms illustrate this shift in land use at that time. The current zoning and land use pattern in the Historic Kempsville area provides a picture of current conditions that fonn the foundation for the master plan envisioned for the area. As has been noted earlier for other elements, each of the quadrants of the proposed intersection exhibits zoning and land use patterns specific to itself. Maps identifying the current zoning and land use patterns that comprise the Historic Kempsville area are found in Appendix 4 from page 124 to page 133. Northeast Quadrant The northeast quadrant is composed primarily of land zoned for community business use, with isolated parcels zoned for office, industrial, apartment, and duplex residential dwellings. Current land uses include government, residential, office and retail activities. Southeast Quadrant The southeast quadrant is composed primarily of land zoned for single family residential dwellings, with isolated parcels zoned for office and business use. Current land uses include institutional, residential, office and retail activities. Historic Kempsville Master Plan D RAFr December 14, 200ð 21 Southwest Quadrant The southwest quadrant is composed ofland zoned for office and single family residential use, with isolated parcels zoned for community business use. Current land uses include institutional, office and retail activities. Northwest Quadrant The northwest quadrant is composed of land zoned for business and single family residential uses. Current land uses include institutional, office and retail activities. Historic Kempsville Master Plan D RAFr December 14, 2005 22 THE PLAN This section of the plan sets forth the land use, village fonn, and conceptual plan for the Historic Kempsville area. LAND USE CONCEPT The plan that has been developed for the Historic Kempsville area significantly alters and reshapes the land use concept for the area, moving from the suburban pattern that has dominated the area since the post World War II boom through the 1970s, and the subsequent decline of the area, and instead superimposes a land use concept that will strengthen the sense of community and village fonn in the area. The recommended land use concept suggests that a more dense pattern of development, dominated by mixed uses which allow for both residential and nonresidential uses within the same building or groups of buildings, would help to reintroduce a sense of interest, pedestrian character, and excitement to the area. Mixed uses are clustered near the intersection, with buffers and less intense land uses arrayed out fonn the intersection and adjoining surrounding subdivisions that comprise the larger community. A map that depicts the recommended land use concept for the area is found in Appendix 4 on page 134. VILLAGE FORM As the historic heart of the community has long been the northeast quadrant of the area, the recommended village fonn locates the village core here, as well. The northeast quadrant, dominated by the fire and rescue station and Yoder Dairy, fonn the service core for the recommended plan. The southwest quadrant is seen primarily as an area of mixed residential and nonresidential uses, with the inclusion of a potential water access zone adjoining the Eastern Branch of the Elizabeth River. The southwest quadrant is also seen primarily as an area of mixed residential and nonresidential uses, but dominated more by residential uses, and including the village green on the fonner ballfields site. A map that depicts the recommended village form for the area is found in Appendix 4 on page 135. CONCEPTUAL VILLAGE PLAN BY QUADRANT The conceptual village plan incorporating the land use concept and village form described above envisions an area with the character reminiscent of other traditional villages with a colonial character and scale of development, such as Merchants Square in Colonial Williamsburg, the current New Town project in James City County, Port Warwick in Newport News, or Riverwalk Landing in Yorktown. As has been noted earlier for other elements, each of the quadrants of the proposed intersection exhibits conceptual village features specific to itself that collectively help derIDe the whole as a special area. Drawings that illustrate the conceptual village plan for the Historic Kempsville area are found in Appendix 4 from page 136 to page 140. Historic Kempsville Master Plan D RAFr December 14, 200:i 23 Northeast Quadrant The northeast quadrant envisions a medical emphasis, with locations for professional offices and support facilities and institutions, anchored by an expanded fire, rescue and emergency services site with improved access to both Princess Anne Road and South Witchduck Road. The quadrant is also the location of a proposed assisted living center, and the site of a recommended pedestrian bridge to be developed in association with private development as an eastern gateway to the Historic Kempsville area. Southeast Quadrant The southeast quadrant envisions a more residential and public open space concept, with the village green serving as one of the focal points for the entire village. Mixed use structures including both residential and nonresidential uses front the green and Princess Anne Road with interior parking, lending a more pedestrian oriented design to the area. Southwest Quadrant The southwest quadrant is designed as a true mixed use area, with both residential and nonresidential uses clustered around the road frontage, with proposed structured parking hidden from view. Buffers to the Fox Hill Canal and Fairfield neighborhood are incorporated into the suggested pattern of development. A waterfront access and interpretive area about the history of Kempsville is located on the Eastern Branch of the Elizabeth River. Adaptive reuse of the old Kempsville High School for mixed use is recommended. Northwest Quadrant The northwest quadrant is designed to highlight the existing institutional and historic structures through assemblage of other parcels into new building blocks with interior parking and mixed uses. Additional residential and nonresidential development is suggested long the Eastern Branch of the Elizabeth river waterfront. PEDESTRIAN CIRCUlATION Pedestrian circulation is a critical element of the proposed conceptual plan for Historic Kempsville. A hierarchy of pedestrian paths is envisioned. A drawing that illustrates the pedestrian circulation concept for the Historic Kempsville area is found in Appendix 4 on page 141. Historic Kempsville Master Plan D RAFr December 14, 2005 24 Internal paths are the backbone of circulation within each of the intersection's quadrants. Widened sidewalks with intersection crosswalks and nodes provide linkages between the quadrants. Neighborhood connectors provide linkages from the Historic Kempsville area to adjoining neighborhoods. Shared use paths also link the Historic Kempsville area to other destinations in the City, as reflected in the adopted Bikeways and Trails Plan. INFRASTRUCTURE ELEMENTS AND STREET FURNITURE A key element envisioned for the Historic Kempsville area is the integration of infrastructure elements, including traffic signs, light poles, traffic signal poles, crosswalks pavement treatment, transit stops, street signs, benches, trash receptacles, bike racks, bike lockers, and other elements are incorporated into the fabric of the area through conscious design decision e making. This translates into ensuring that unifonn standards for these elements are established and adhered to during the Plan's implementation phases. In particular, it is recommended that transit stops within the Historic Kempsville area be integrated into the overall design of the area and include appropriate shelters for pedestrians that blend with the architectural fabric of the area. This work is identified as a component of the Urban Design Element identified on page 27 of the Plan as a future action item. This descriptive information will require coordination with other City and regional parties, including Hampton Roads Transit, the City's Public Works Department, and others. ARCHITECTURAL FABRIC As noted throughout the document, the importance of the architectural design to establishing the Historic Kempsville area as unique is central to the ultimate implementation of the plan. A photo collage of structures, streetscapes, and design features that reflect the character envisioned for the Historic Kempsville area is found in Appendix 4 on page 142. Architectural design guidelines found in Appendix 1 on page 33 to page 42 are intended to reinforce this essential planning element. Historic Kempsville Master Plan D RAFT December 14, 200:i 25 Historic Kempsville Master Plan D RAFT December 14, 2005 26 RECOMMENDATIONS / FUTURE ACTION ITEMS This section of the Plan sets forth specific recommendations and action items to help implement the Historic Kempsville Area Plan. Recommendations constitute those elements that are identified within and constitute the body of the Plan document itself, or supporting documents that are incorporated within the body of the Plan and intended for adoption in conjunction with the Plan. Future action items constitute those elements that are identified in the Plan document as requiring further work following adoption of the Plan. Once these future action items have been completed, it is recommended that they be incorporated into the Historic Kempsville Area Master Plan through the plan amendment process. RECOMMENDATIONS The Plan recommendations are as follows: Adoption of Architectural Design Guidelines The architectural design guidelines are intended to apply to all new development or redevelopment projects undertaken in the Historic Kempsville area as defined in the plan. A copy of the proposed guidelines is found in Appendix 1 on page 33 to page 42. Adoption of Recommended Vegetation Lists The recommended vegetation lists are intended to apply to all new development or redevelopment projects undertaken in the Historic Kempsville area as defined in the plan. A copy of the proposed lists is found in Appendix 2 on page 43 to page 49. Adoption of City Zoning Ordinance Amendments and Other Ordinances The recommended City Zoning Ordinance amendments and other ordnances are intended to ensure compliance with the plan and promote its implementation within the Historic Kempsville area. Copies of the proposed amendments and new ordinances are found in Appendix 3 on page 51 to page 109. FUTURE ACTION ITEMS The Plan future action items are as follows: Historic Kempsville Master Plan D RAFr December 14, 2006 27 Completion and Adoption of Urban Design Element, Architectural Design Photographic Pattern Book, and Aeriallllustration of the Historic Kempsville Area This work is in process and is under contract to the Plan consultant for completion in spring 2006. The urban design element provide necessary detail to ensure that the concepts set forth for the Historic Kempsville area can be realized through plan implementation. Likewise, the architectural design photographic pattern book and aerial illustration of the Historic Kempsville area will help provide needed detail for developers and property owners as they implement new projects in the area. With its completion, this infonnation will be brought forward for adoption as an amendment to the Historic Kempsville Area Plan. Completion and Adoption of Economic Development Incentive Program, and Refined Public Investment Protection Strategy This work is in process by the City's Plan Implementation Team for completion in spring 2006. With its completion, this infonnation will be brought forward for adoption as an amendment to the Historic Kempsville Area Plan. Specific items to be addressed through these elements will include consideration of: . recommendations for use and disposition of excess City properties and excess right-of- way; streamlined Development Review Process recommendations for the area; a draft willing sellers property acquisition program; the village green public park development project; a regional stonnwater management facility development strategy and potential public/private partnership projects; incentives which encourage and promote joint private redevelopment through measures including but not limited to cross access agreements, minimization of curb cuts, and shared parking areas; other development and redevelopment incentives that are linked to provision of public improvements and amenities within the area; and tax incentives to promote plan implementation. . . . . . . . The planned intersection roadway improvement project will result in the acquisition of a significant amount of additional property in the intersection area that is not currently under City ownership. Portions of this property, in conjunction with other property currently owned by the City, that are not required for the planned intersection improvement project, afford a unique opportunity to initiate new development and redevelopment of the area, in accordance with the recommendations set forth in this Plan. A map identifying the general extent of these properties in the Historic Kempsville area is found in Appendix 4 on page 143. Historic Kempsville Master Plan D RAFI' December 14, 2005 28 Adoption of Schedule and Funding Stream for Other Public Improvements in the Historic Kempsville Area This work is in process by the City's Plan Implementation Team for completion in spring 2006. With its completion, this infonnation will be brought forward for adoption as an amendment to the Historic Kempsville Area Plan, or as items for consideration as part of the City's Budget Process at the appropriate time. Specific items to be addressed through these elements will include consideration of: . a policy and ordinance to direct funds from acquisition of excess City properties into an account for funding desired public improvements in the area; identification of and funding for undertaking design and construction of the village green public park development project; identification of and funding for undertaking design and construction of regional stormwater management facility development strategy and other potential public/private partnership projects; identification of and funding for undertaking design and construction of other infrastructure elements as incentives which encourage and promote joint private redevelopment through measures including but not limited to cross access agreements, minimization of curb cuts, and shared parking areas; and identification of and funding for undertaking design and construction of other development and redevelopment incentives that are linked to provision of public improvements and amenities within the area. . . . . Historic Kempsville Master Plan D RAFr December 14, 200:i 29 Historic Kempsville Master Plan D RAFT December 14, 200ð 30 APPENDICES 1 ARCHITECTURAL DESIGN GUIDELINES 2 VEGETATION AND STREET FURNITURE DESIGN GUIDELINES 3 PROPOSED CITY ZONING ORDINANCE AMENDMENTS 4 MAPS 5 ACKNOWLEDGMENTS AND REFERENCES Historic Kempsville Master Plan D RAFr December 14, 2005 31 Historic KempsYille Master Plan D RAFr December 14, 2005 32 APPENDIX 1 ARCHITECTURAL DESIGN GUIDELINES In the Historic Kempsville Area Overlay District, designs for new buildings should strive to reflect the historic foundations of the Historic Kempsville area as exemplified in the area's remaining historic buildings, and as exemplified in photographs of fonner historic buildings in the District. Well-designed buildings that respect the scale and character of these buildings but in a modern idiom, such as the office buildings on Oakmears Crescent, can be successful infill projects in the overlay district. Due to different characteristics of structures in the Historic Kempsville Area Overlay District, the District is broken into four zones: the northeast zone which consists of a redevelopment opportunity area the southeast zone which consists of a redevelopment opportunity area the southwest zone which contains post World War n Colonial Revival structures in a suburban setting, and the northwest zone that contains institutional uses, two historic structures of Georgian and Colonial styles, respectively, and a mixture of more modem functional and commercial styles. While each zone in the Historic Kempsville Area Overlay District has its own character at the present time, the overall goal of the District is to create a sense of unity among the four zones over time as the area redevelops, and to promote a character more reminiscent of a Colonial village atmosphere, capitalizing on the historic role of Historic Kempsville as the commercial center and county seat of Princess Anne County in the mid 1700s to the early 18oos. The purpose of these guidelines is to describe a range of prescriptive architectural practices that can be employed in numerous ways, but still assure that any new construction, addition or alteration of existing structures will be done in such a way as to complement and contribute to the goals described above, respectful of the scale and character of the District. General Design Criteria . New architecture should not replicate or imitate the historic tradition of the Historic Kempsville area, but be an evolution of and compatible with the area's historic design traditions, forms and materials. Replications of 18th century buildings in the District or elsewhere are not acceptable. Revivalist style buildings can be faithful to and compatible with the architectural traditions of the District without being copies of ones in the District. Historic Kempsville Master Plan D RAFr December 14, 2005 33 . Traditional architecture styles associated with the Historic Kempsville Area Overlay District include Colonial Revival, Georgian Revival, and Tidewater Virginia Vernacular. These styles provide flexibility of design and innovative possibilities for responding to the existing pattern of development, thus fitting into and building up patterns in the built environment. Adaptations of these prevalent architectural styles ensure long-tenn compatibility with the District and enhance opportunities for adaptive use of buildings. . New construction designs should be avoided which create unbalanced visual images in the District. For example, in a hypothetical area of two-story, vertically oriented houses (Colonial Revival, Victorian, etc,) an infill project with a one-story, horizontally oriented design such as a Ranch house would not be appropriate. . The designer for infill construction should examine and evaluate the structural and natural fonns that will affect the project and should creatively design a compatible solution that respects the scale and palette of the desired architectural features for the District. . Side and rear elevations should contain the same design elements and materials as the front façade. Architectural Elements Walls . Materials, which reflect the District's traditions as set forth above, are highly encouraged. Buildings should be constructed of brick or horizontal wood siding. Siding must have an exposure between six and eight inches and may have a beaded edge; the intended effect is to create a play of light and shadow on the wall surface. . The painting of unpainted natural brick surfaces is discouraged. If extenuating circumstances exist that require the painting of natural brick then the Planning Department will review these circumstances on a case-by-case basis. . A synthetic siding that resembles authentic horizontal wood siding (i.e. Hardiplank) may be acceptable for new buildings or as replacement material for siding on existing buildings that are not constructed of wood or brick. Wherever possible, existing wood siding should be retained, repaired and repainted. Any wall should be built of not more than two materials, and those materials should change along a horizontal line such as a floor line or gable end with the heavier material (brick) always being below the lighter material (wood). Historic KempsYille Master Plan . D RAFr December 14, 2005 34 . Buildings with siding will construct their foundation walls and piers with finished brick. These walls should be no less than 24 inches above grade, but should not exceed 36 inches, unless grade changes dictate more. . Retaining walls at frontages and in front yards should be built of brick. Retaining walls not visible from public or private streets can be brick, interlocking block or smooth finished concrete. . Openings in walls such as arcades or breezeways should have vertically proportioned openings (see following section on "Openings"). Acceptable Materials for Exterior Walls . Clapboard wood siding (painted). Beaded siding is preferred. . Board and batten siding (painted). . Tongue and Groove vertical wood siding (painted). . A synthetic siding that resembles authentic horizontal wood siding (i.e. Hardiplank, Cemplank) if criteria above met and approved by the Planning Department on a case-by-case basis. . Shiplap vertical wood siding (painted). . Wood shingles (painted). . Brick that is consistent with the brick traditionally used in the District. All of these shall have a buff or gray mortar. White mortar is not recommended. Acceptable Colors for Exterior Walls . Wood siding and trim on buildings should be stained or sealed a natural earth tone or should be painted using colors from the Martin Senour "Williamsburg" exterior paint colors or from the Sherwin Williams "Preservation Palette", or an approved equivalent. The latter's "Postwar Romanticism" selection is excluded from the approved colors. Painted siding and trim should be limited to two colors unless additional colors are approved by the Planning Department on a case-by-case basis. Historic Kempsville Master Plan D RAFr December 14, 200:) 35 Unacceptable Materials for Exterior Walls . Metal siding that is exposed, galvanized, aluminum or other shiny metal materials. . Stucco and drivit. . Aluminum and vinyl siding. . Tile-faced or ceramic-faced masonry units. . Varnished, epoxy-finished or otherwise shiny materials. . White mortar. Unacceptable Colors for Exterior Walls . Brick that is bright red, orangish-red, pink, light red, or other similar colors. Brick color should be a through-the-body color. . Siding that is pink, bright silver, red, bright green blue, of a color that would draw attention or be otherwise visually out of character with the area. Openings . Openings include doors and windows and any associated elements such as shutters, awnings, stonn doors, etc. . Entrance doors should be raised panel or some variation thereof. Windows, sidelights and transoms in entrance doors are pennitted, provided they are proportioned and appropriate for the specific style of building. Flush doors with applied trim are not pennitted. . Storm doors should be made of painted wood or anodized aluminum and have a full view window. Stonn doors should relate to the architectural character of the entrance. . Screen doors should be made of wood with full view, shuttered, or appropriate for the specific style of the building. . Garage doors, utility doors, and service doors should be painted wood or aluminum and should correspond with the style of the dwelling. Historic Kempsville Master Plan D RAYr December 14, 2005 36 . Windows should be rectangular single, double, or triple hung or operable casement type. Semi-circular, circular, or hexagonal windows are pennitted, but with minimal application. Windows on the ground floor should be the same proportion but slight larger than windows on the upper floors. Window openings in upper stories should be centered directly over openings in the first story whenever possible. Openings in gable ends must be centered. Window openings should be at least 2 feet from building comers. Total glazed area on the street frontage should not exceed 30 percent of the total surface. Window muntins should be true-divided lights or simulated true divided aluminum or vinyl-clad wood. . Windows contribute to the façade of a building and will be evaluated on: (1) the pattern of the openings and their size; (2) proportions of the frame and sash; (3) configuration of window panes; (4) muntin profiles; (5) material; (6) paint color; (7) characteristics of the glass; and (8) details or decorative elements. If windows are divided then exterior muntins are required in the District. . Windows for buildings listed on the City's Listing of Historic Structures shall meet the following criteria in the order listed: 1. Restore original, i.e., repair existing sash and frames -careful repair is always the fll'St choice. 2. Copies of original, i.e., replace existing sash and frames with duplicates in wood following the early fonn and details. 3. Replacement, i.e., with single-glazed wooden windows of the same fonn and details but with energy panels set on the inside. The energy panels can be secured with Velcro or magnets to the inner frame. 4. Replacement, i.e., with double insulated wooden sash with true-divided lights, using other than mill (silver) finish. The frames and sash arrangements (proportion and size of panes) should match the early sash. . Shutters should be made of wood (painted), operable including appropriate hardware, and sized to fit the opening. Shutters should not appear to be attached pennanently to the wall. The use of vinyl shutters is not appropriate. . Fabric awnings on residential buildings should be made of canvas or other similar fabric and should have side panels. Aluminum awnings are not appropriate. Historic Kempsville Master Plan D RAFr December 14, 200:; 37 . Fabric awnings on commercial buildings should be made of canvas or other similar fabric (aluminum awnings are not recommended) and should have side panels. . Openings in porches or arcades should always be vertically proportioned. Roofs . The types of wood-framed roofs typically fall into categories of symmetrical gables, gambrels, or hip roofs. Gables are the most prevalent. Primary roofs should have slopes no less than 8:12. Secondary roofs may have slopes less than 8: 12 depending on the material used (i.e. metal roof over porches can be less than 8:12, whereas a shingled roof should not be less than 8: 12). Flat roofs should be used only as occupiable areas directly accessible from outdoors. These should have appropriate parapets or railings. . Steep gable roofs with pitches in excess of 2:14 shall not be used. . Single plane pitched roofs for structures shall not be used on the main structure but can be used on wings. . Roofs over secondary entrances shall be shed roofs supported by wooden brackets. . Donners should have gabled, hipped, or shed roofs. . Roof materials should be wood shingles, architectural grade fiberglass shingles or cementitious shingles. Metal roofs are recommended for porch roofs or other ancillary elements. Metal should be copper or gavalume type. Colored anodized metal roofs should be gray or other neutral tones. Flashing may be copper, vinyl or anodized aluminum. (Note: copper roofs, gutters, and flashing should not be painted or sealed but should be pennitted to age naturally). Gutters and downspouts should be made of copper or anodized aluminum and may be half-round or ogee. Where gutters are not used, it is recommended that brick or gravel be placed at the drip line. . Gable roof ends should have a minimum overhang of 12 inches. . Roof penetrations should be on the rear slope of roofs and painted to match the color of the roof. Skylights should be flat and mounted on the rear slope of the roof and should not be visible from any public area. Historic KempsYille Master Plan D RAFr December 14, 2005 38 Acceptable Roofing Materials . Wood shingles that are pennitted to weather naturally. . Treated wood shingles or shakes, which have a natural gray color. . Standing seam copper roofs that are pennitted to weather naturally. . Architectural grade (includes dimensional shingles) fiberglass shingles with texture from the range of colors represented by the T AMKO Heritage Premium fiberglass shingle color series, or an approved equivalent, does not need to be reviewed by the Planning Department. . Slate medium gray or charcoal color. . Textured concrete shingles in gray or buff-gray color. . Standing seam metal roofs, which are medium gray, dark gray, grayish brown, black, charcoal gray, or dark grayish-brown. Colors should be soft earth tone, of medium to dark value with low reflectivity. . Roof vents, metal chimneys, metal chimney caps, and plumbing vents should match the color of the roof be black, dark gray, or bronze in color. . Plastic vents should be painted to match the roof and should be on the back side and not on the street side. . Skylights should have black, bronze, or gray trim. Skylights should not be placed on the front elevation. Unacceptable Roofing Material . Shiny metal roofs. . Shiny metal, exposed aluminum or exposed galvanized metal roofs. . Metal roofs of the following colors: white, light tan, pink, red, maroon, light blue, medium blue, dark blue, bright green, medium gray, orange, brownish-orange, etc. Metal roofs that attract attention by their color, contrast, brightness, and reflectivity are discouraged. . Ceramic or synthetic ceramic roofing tiles. Historic Kempsville Master Plan D BAFr December 14, 200:i 39 . Metal shingles or stamped metal decorative roofing panels. . Flat roofs. . Plastic, vinyl or other high visibility synthetic roofs. . Shiny metal roof vents, fireplace stacks, plumbing vents, or other pipes. Chimneys . Chimneys can be used but are not required. They should be constructed of brick (unpainted) or if constructed with the same material as the siding of the building, painted to match the building. Stucco is not pennitted. Chimneys should be capped to conceal spark arresters. Primary chimneys should be rectilinear in plan and are preferred to have a corbelled tennination in keeping with existing types. Porches . Porches are another common element traditionally found on buildings that were located in the District. . In general, porches with a narrow frontage should be no less than 6 feet deep, while porches with a wide frontage should be at least 8 feet deep. Screened porches must be framed with painted wood and located on the side or rear of structures. Lighting on porches should be discrete. Columns, Posts . Columns are preferred to ,be Tuscan or Doric orders, although other types exist within the area. When used, columns should have correct proportions and profiles as described in The American Vignola. Nothing should be attached to columns. Columns should be made of wood, although certain grades of fiberglass columns are acceptable. Flagpoles less than 6 feet long may be mounted at an angle to building walls. . All posts should be no less than 5 x 5 inches and have chamfered comers. . Columns and posts should be sealed with paint or opaque stain. Historic Kempsville Master Plan D RAFr December 14, 2005 40 Decks, Terraces . Modem designed decks are not appropriate in this district. . Brick or wooden terraces or open porches are more appropriate and should be designed to match the style of building. . Terraces and open porches should be painted or stained to match the main building. Stoops . Stoops at secondary entrances should be made of brick or concrete. If made of concrete, the sidewalls and stair risers should be made of brick. As stated above, roofs with overhanging stoops are typically shed-type roofs supported by wooden brackets. Railings . Railings should have top and bottom rails and spindles or balusters are to be vertical and centered on the top and bottom rails. Spaces between wood rails should be tighter than on metal rails in order to meet the Building Code. Top rails of wood railings should have an eased profile, while the bottom rail profile may be rectangular. Wood railings should be sealed with paint or opaque primer. Outbuildings . Outbuildings are pennitted and shall confonn to standard property line setback requirements. . Outbuildings should meet the same criteria for the main building (i.e. walls, openings and roof). . If not constructed of brick, outbuildings should be painted or stained to match the main building. . Metal outbuildings are not pennitted. Structural Siting . First-story floors should be raised above sidewalk grade a minimum of 2 feet, except for garages that may be at grade. Historic Kempsville Master Plan D RAFr December 14, 2005 41 . Exterior light fIXtures should be compatible with existing types and placed so that they do not create glare for adjacent properties. . Pre-fab storage sheds shall not be pennitted. . Equipment such as HV AC units, utility meters, direct- vent fireplaces, dumpsters, utility service areas, etc. should be placed in the rear yard. Fences . Fences should contribute to the site's character and not detract from the site's principal architectural features and should be compatible with adjacent sites in the District. Fences should be constructed of materials similar to existing materials used for the structures on the site and within the surrounding District. . Fences are discouraged which disrupt the hannony of the street setting by breaking up established architectural rhythms. . Wood, aluminum or wrought iron fences that are in keeping with the scale of fences in the District are pennitted. . Salt-treated wooden fences should be painted or stained. . Wrought iron is more appropriate as architectural ornamentation and as fencing for large parcels of land. . Chain-link, wire, plastic, and vinyl fences are discouraged. Other Site Elements . Site elements should contribute to the site's character and not detract from the site's principal architectural features and should be compatible with adjacent sites in the District. . Materials for driveways and walkways should be similar to existing materials within the site and within the surrounding District. . Mechanical equipment, utilities and trash facilities should be located unobtrusively on the site in side and rear yards and should be screened if they are visible from the street and adjacent properties by a fence or appropriate vegetation. Historic Kempsville Master Plan D RAFr December 14, 2005 42 APPENDIX 2 RECOMMENDED VEGETATION LISTS DECIDUOUS SHRUBS Botanical Name Berberis thungergii Buddleia davidii Calycanthus floridus Chaenomeles Clethra alnifolia Deutzia gracilis Euonymus alatus Exochorda racemosa Forsythia intennedia Hamamelis Hibiscus syriacus Hydrangea Hydrangea Hex Verticillata J asminum nudiflorum Potentilla fruticosa Punica granatum Rhododendron Siraea Syringa Viburnum Weigela florida (up to 15 feet in height at maturity) Common Name Japanese Barberry Butterfly Bush Carolina Allspice Flowering Quince Sweet Pepperbush Slender Deutzia Winged Euonymus Pearl Bush Forsythia Witchhazel Rose of Sharon Bigleaf Hydrangea Winter Berry Winter Jasmine Bush Cinquefoil Pomegranate Azalea Bridalwreath Spirea Lilac Koreanspice Viburnum Crimson Weigela Historic Kempsville Master Plan D RAFT December 14, 200:; 43 EVERGREEN SHRUBS Botanical Name Abelia grandiflora Aucuba japonica Berberis Julianae Buxus sp. Camellia sp. Cotoneaster horizontalis Daphne odora Fatsia japonica Gardenia jasminoides Hex sp. Juniperus sp. Kalmia latifolia Ligustunn sp. Mahonia sp. Nandina domestica Pieris japonica Pinus mugo Pittosporum tobira Pyracantha coccinea Raphiolepis indica Rhododendron Viburnum sp. (up to 15 feet in height at maturity) Common Name Glossy Abelia Japanese Aucuba Wintergreen Barberry Boxwood Camellia Rockspray Cotoneaster Fragrant or Winter Daphne Japanese Fatsia Cape Jasmine Holly Juniper Mountain Laurel Privet Hollygrape Nandina Japanese Adromeda Mugo Pine Pittosporum Pyracantha Indian Hawthorn Azalea Viburnum Historic Kempsville Master Plan D RAF"r December 14, 2005 44 lARGE DECDUOUS TREES Botanical Name (40 feet and higher at maturity) Common Name Acer rubrum 'October Glory' October Glory Red Maple Acer Saccharum Sugar Maple Aesculus hippocastanum Horse Chestnut Carya illinoiensis Pecan Celtis occidentalis Common Hackberry Fagus sylvatica European Beech Fagus grandifolia American Hackberrry Fraxinus pennsylvanica Green Ash Gleditsia triacanthus Shademaster thornless honey locust 'inennus' 'Shademaster' Liquidambar styraciflua Liriodendron tulipifera Nyssa sylvatica Plantanus occidentalis Quercus coccinea Quercus fa1cata Quercus macrocarpa Quercus michauxii Quercus nigra Quercus phellos Quercus velutina Taxodium distichum Tilia cordata Ulmus parvifolia Zelkova serrata 'Village Green' Sweet Gum Tulip Poplar Sour Gum American Sycamore Scarlet Oak Southern Red Oak Bur Oak Chestnut Oak Water Oak Willow Oak Black Oak Bald Cypress Littleleaf Linden Chinese Elm Village Green Zelkova Historic Kempsville Master Plan D RAFT December 14, 200ð 45 LARGE EVERGREEN TREES Botanical Name Cedrus atlantica Cedrus deodara Cupressocyparis leylandii Chamaecyparis thyoides Magnolia grandiflora Magnolia virginiana Pinus elliotti Pinus nigra Pinus palustris Pinus strobus Pinus taeda Pinus thunbergiana Quercus laurifolia Darlingtonia' Quercus virginiana Thuja occidentalis Tsuga caroliniana (40 feet and higher at maturity) Common Name Atlas Cedar Deodara Cedar Leyland Cypress Whitecedar Southern Magnolia Sweet Bay Magnolia Slash Pine Austrian Pine Longleaf Pine White Pine Loblolly pine Japanese Black Pine Darlington Oak Live Oak Arborvitae Carolina Hemlock Historic Kempsville Master Plan D RAFr December 14, 200:) 46 SMALL DECIDUOUS TREES Botanical Name Acer ginnala Amelanchier canadensis Aralia spinosa Betula nigra Carpinus caroliniana Cercis canadensis Chionanthus virginicus Cornus florid a Cornus Kousa Cornus mas Cotinus coggyria Crataegus phaenopyrum Franklinia altamaha Hamamelis virginiana Koelreuteria paniculata Laburnum anagyroides Lagerstroemia indica Magnolia soulangeana Magnolia stellata Magnolia virginiana Malus floribunda Oxydendrum arboreum Prunus cerasifera 'Atropurpurea' Prunus serrulata 'Kwanzan' Prunus virginiana Stewartia ovata Styrax japonicus Vitex agnus-castus (15 to 35 feet at maturity) Common Name Amur Maple Service Berry Devil's Walkingstick River Birch American Hornbeam Eastern Redbud White Fringe Tree Flowering Dogwood Japanese Dogwood Cornelian Cherry Smoke Tree Washington Hawthorn Franklinia Virginia Witch Hazel Golden Rain Tree Golden Chain Tree Crape Myrtle Saucer Magnolia Star Magnolia Sweet Bay Magnolia Flowering Crabapple Sourwood Purple-Leaf Plum Kwanzan Cherry Chokeberry Mountain Stewartia Japanese Snowbell Chaste Tree Historic Kempsville Master Plan D RAFT December 14, 2005 47 SMALL EVERGREEN TREES Botanical Name Eribotrya japonica Hex aquifolium Hex cassine Hex latifolia Hex 'Nellie R. Stevens' Hex opaca Hex opaca 'East Palatka' Hex opaca 'Fosteri' Hex pemyi Hex vomitoria Illicium anisatum Juniperus communis 'hibernica' Juniperus virginiana 'cannaertii' Ligustrum japonicum Osmanthus fragrans Osmanthus fragrans Osmanthus heterophyllus Photinia fraseri Podocarpus macrophylla Prunus caroliniana Quercus acuta Thuja occidentalis Platycaldus orientalis (15 to 35 feet at maturity) Common Name Loquat English Holly Dahoon Holly Lusterleaf Holly Nellie R. Stevens Holly American Holly East Palatka Holly Foster's American Holly Pemyi Holly Yaupon Holly Anisetree Irish Juniper Cannaert Juniper Wax Ligustrum Fortune's Osmanthus Fragrant Tea Olive Holly Osman thus Fraser Photinia Yew Podocarpus Carolina Cherry-Laurel Japanese Evergreen Oak Pyramidal Arborvitae Oriental Arborvitae Historic Kempsville Master Plan D RAFr December 14, 200:' 48 VINES AND GROUNDCOVERS Botanical Name Ajuga reptans Clematis sp. Cotoneaster dammeri Euonymus fortune Fragaria chiloensis Hedera sp. Hemerocallis sp Hosta sp. Hypericum calycinum Iberis sempervirens Juniperus sp. Liriope sp. Lonicera sempervirens Pachysandra tenninalis Parthenocissus sr. Phlox sr. Rosa sp. Smilax Lanceolata Vinca sp. Vitis rotundifolia Wisteria sp. Common Name Bugleflower Clematis Bearberry Cotoneaster Wintercreeper Strawberry Ivy Daylilly Plantain Lilly Aaronsbeard Candytuft Juniper Lilyturf Trumpet Honeysuckle Spurge Ivy Thrift Rose Greenbrier Periwinkle Muscadine Grape Wisteria Historic Kempsville Master Plan D RAFT Deœmber 14, 2005 49 Historic Kempsville Master Plan D RAFr December 14, 2006 50 APPENDIX 3 CITY ZONING ORDINANCE AMENDMENTS AND OTHER ORDINANCES The following amendments to the City Zoning Ordinance are recommended for adoption to allow for implementation of the goals and recommendations of the Historic Kempsville Area Master Plan. These amendments are recommended for adoption at the earliest possible date in order to help ensure that new development projects begin to implement the goals and recommendations of the Plan in advance of or in harmony with planned transportation enhancements in the area. The proposed amendments to Section 102 of the City Zoning Ordinance establish the B-4K Historic Kempsville Area Mixed Use District and the Historic Kempsville Area Overlay District. The proposed amendments to Article 9 of the City Zoning Ordinance: . describe the legislative intent underlying the B-4K Historic Kempsville Area Mixed Use District and establish its general boundaries; . set forth the use regulations applicable n the B-4K Historic Kempsville Area Mixed Use District; . make technical amendments to the fonnat of a portion of the section, establish dimensional requirements (setbacks, minimum lot size, etc.) applicable in the B-4K Historic Kempsville Mixed Use District; . establish landscaping screening and buffering requirements applicable in the B-4K Historic Kempsville Mixed Use District; . establish height regulations for buildings and structures in the B-4K Historic Kempsville Area Mixed Use District; . establish sign regulations for uses within the B-4K Historic Kempsville Area Mixed Use District; and . establish off-street parking regulations for uses within the B-4K Historic Kempsville Area Mixed Use District. The proposed amendment to add a new Article 20 to the City Zoning Ordinance: . states the findings and intent underlying the creation of the Historic Kempsville Area Overlay District; . designates the boundaries of the District by reference to the official zoning map; Historic Kempsville Master Plan D RAFT December 14, 200:; 51 . sets forth general rules regarding the application of the regulations pertaining to the Overlay District, with rules that are similar to those used in other Overlay Districts within the City (e.g., Shore Drive Corridor, Laskin road Gateway); sets forth use regulations (principal, accessory and conditional uses) applicable in the Overlay District, and except as specifically provided, the pennitted uses are the same as those in the underlying zoning district; and sets forth dimensional requirements, density restrictions and landscaping requirements in the Overlay District, and also provides that the dimensional requirements for property within the Overlay District that is zoned B-4K (HK) Mixed Use District are set forth in Article 9 (Business Districts) of the City Zoning Ordinance. . . An ordinance to amend the Official Zoning Map by the designation and incorporation of the Historic Kempsville Area Overlay District fonnally designates the area for Historic Kempsville for regulatory purposes set forth in the City Zoning Ordinance. An ordinance to amend the Comprehensive Plan by the incorporation of the Historic Kempsville Area Master Plan fonnally adopts the Historic Kempsville Plan as official City policy concerning land use related issues in the Historic Kempsville area. Historic Kempsville Master Plan D RAFr December 14, 200ð 52 21 22 23 24 25 26 27 1 2 3 4 AN ORDINANCE ESTABLISHING THE B-4K HISTORIC KEMPSVILLE AREA MIXED USE DISTRICT AND THE HISTORIC KEMPSVILLE AREA OVERLAY DISTRICT 5 6 7 8 SECTION AMENDED: § 102 Ci ty Zoning Ordinance WHEREAS, the public necessity, convenience, general welfare 9 and good zoning practice so require; 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That Section 102 of the City Zoning Ordinance is hereby 13 amended and reordained, to read as follows: 14 Sec. 102. Establishment of districts and official zoning maps. 15 (a) In order to carry out the purposes and provisions of 16 this ordinance, the following districts are hereby established 17 and are hereby listed in order from most restrictive to least 18 restrictive: 19 ( 1 ) Preservation District. The Preservation District shall 20 consist of: P-l Preservation District (2 ) Agricultural Districts. The Agricultural Districts shall consist of: AG-l Agricultural District AG-2 Agricultural District ( 3) Residential Districts. Residential Districts shall consist of: Historic Kempsville Master Plan D RAFr December 14, 2005 53 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 R-40 Residential District. R-30 Residential District R-20 Residential District R-15 Residential District R-I0 Residential District R-7.5 Residential District R-5D Residential District R-5R Residential District R-5S Residential District R-2.5 Residential Townhouse District ( 4 ) Apartment Districts. Apartment Districts shall consist of: A-12 Apartment District A-18 Apartment District A-24 Apartment District A-36 Apartment District (5 ) Hotel District. The Hotel District shall consist of: H-l Hotel District (6 ) Office Districts. The Office Districts shall consist of: 0-1 Office District 0-2 Office District (7 ) Business Districts. Business Districts shall consist of: 2 Historic Kempsville Master Plan D RAFr December 14, 2005 54 " 52 B-1 Neighborhood Business District 53 B-IA Limited Community Business District 54 B-2 Community Business District 55 B-3 Central Business District 56 B-3A Pembroke Central Business Core District 57 B-4 Mixed Use District 58 B-4C Central Business Mixed Use District 59 B-4K Historic Kempsville Area Mixed Use District 60 ( 8 ) Industrial Districts. Industrial Districts shall 61 consist of: 62 I-I Light Industrial District 63 I-2 Heavy Industrial District 64 (9 ) [ Reserved] 65 (10) Planned Development Districts. The Planned Development 66 Districts shall consist of: 67 PD-Hl Planned Unit Development District 68 PD-H2 Planned Unit Development District 69 (11) Historic and Cultural District. The Historic and 70 Cultural District shall consist of: 71 Historic and Cultural District 72 (12) Resort Tourist Districts. The Resort Tourist Districts 73 shall consist of: 74 RT-4 Resort Tourist District 75 RT-3 Resort Tourist District 3 Historic Kempsville Master Plan D RAFr December 14, 200:S S5 76 RT-2 Resort Tourist District 77 RT-1 Resort Tourist District 78 (a1) In addition to thc diatricta cnufficratcd in auDacction 79 (û), thcrc There is hereby established the Shore Drive Corridor 80 Overlay District. district designated the shall be Such on 81 official zoning notation following the by the "( SD)" map 82 designation underlying zoning district. an As of the 83 illustration, in Drive Corridor Overlay the Shore property 84 District and in the B-4 Mixed Use District shall be designated 85 official having the classification "B- zoning map the as on 86 4 (SD)." 87 (a2) In addition to tac diatrictG cnufficratcd in auDacction 88 «(1), thcrc There is hereby established, as an overlay district 89 within the RT-3 Resort Tourist District, the Laskin Road Gateway 90 District. district designated the shall be Overlay Such on 91 official zoning map as "RT-3(LRG)." 92 There is hereby established the Old Beach Overlay (a3) 93 district designated official District. on the Such shall be 94 zoning map by the notation" (OB)" following the designation of 95 the underlying zoning district. As an illustration, property in 96 Residential District and in the Old Beach Overlay the R-SD 97 Duplex District shall be designated on the official zoning map 98 as having the classification "R-5D(OB)." 4 Historic Kempsville Master Plan D RAFr December 14, 2006 56 100 101 102 103 104 105 106 10~ 108 109 110 111 112 113 114 99 is ~ There hereby established the Historic Kempsville Area Overlay District. Such district shall be designated on the official zoning by the notation following "(HK) " the map designation of the underlying zoning district. As an illustration, property in the Historic Kempsville Area Overlay District and in the B-2 Community Business District shall be designated the official zoning having the on map as classification "B-2(HK)." COMMENT The amendments establish the B-4K Historic Kempsville Area Mixed Use District and the Historic Kempsville Area Overlay District. Adopted by the Council of City the Virginia of Beach, Virginia, on the day of , 2005. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA-9837 H:\OID\OrdRes\HKA See 102 ordin.doc R-2 December 2, 2005 5 Historic Kempsville Master Plan D RAFr December 14, 200ð 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE ESTABLISHING THE LEGISLATIVE INTENT, USE REGULATIONS, DIMENSIONAL REQUIREMENTS, LANSDSCAPE SCREENING AND BUFDFERING REQUIREMENTS, HEIGHT REGULATIONS, SIGN REGULATIONS AND OFF-STREET PARKING REQUIREMENTS IN THE B-4K HISTORIC KEMPSVILLE AREA MIXED USE DISTRICT Sections Amended: Sections 900, 901, 906 City Zoning Ordinance 902, 903, 904, 905 and WHEREAS, the public necessity, convenience, general welfare 15 and good zoning practice so require; 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 17 CITY OF VIRGINIA BEACH, VIRGINIA: 18 That Sections 900, 901, 902, 903, 904, 905 and 906 of the 19 Ci ty Zoning Ordinance is hereby amended and reordained to read 20 as follows: 21 22 23 24 25 26 27 ARTICLE 9. BUSINESS DISTRICTS Sec. 900. Legislative intent. The purpose of the B-1 Neighborhood Business District is to 28 provide areas where a limited range of business establishments 29 be located adjacent residential development to can near or 30 without adversely impacting the adjacent residential area. The 31 purpose of the B-IA Limited Community Business District is to 32 provide where limited commercial development can be areas 33 dispersed to the needs of nearby residential support Historic Kempsville Master Plan D RAFr December 14, 2005 58 34 Business neighborhoods. of B-2 Community The the purpose 35 District is to provide land needed for community-wide business 36 This general intended establishments. district is for 37 application in the city. It is intended that, by the creation of 38 this uses will be geographically district, business 39 The purpose of the B-3 Central Business District concentrated. 40 is apart that city which portion of the forms the to set 41 metropolitan center for financial, professional and commercial, 42 business, and professional activities, including cultural 43 in complements the B-3A cultural development that a manner 44 policies Business District and the Pembroke Central Core 45 identified in the City of Virginia Beach Comprehensive Plan. It 46 is intended that any uses likely to create friction with these 47 proposed types of activities will be discouraged. This district 48 is not intended for general application throughout the city. The 49 purpose of the B-3A pembroke Central Business Core District is 50 to optimize development potential for a mixed-use, pedestrian- 51 oriented, to high-rise activity with mid- urban center 52 including contain of that structures types numerous uses, 53 business, retail, residential, educational cultural, and other 54 district to public is intended and private The B-3A uses. 55 comprise publicly accessible community open space areas, 56 generally reflective of the concepts identified in the city's 57 Comprehensive Business District and the pembroke Central Plan 2 Historic Kempsville Master Plan D RAFI' December 14, 2006 59 58 Master Plan. Requests for rezonings to the B-3A pembroke Central 59 Business Core District shall be limited within the area bound by 60 Independence Boulevard, Constitution and Jeanne Street, Drive 61 Norfolk-Southern Railroad right-of-way. those As to the 62 buildings and structures rendered nonconforming by a rezoning to 63 it is the intent of the City Council to encourage their B-3A, 64 appropriate expansion or renovation by resolution, as set forth 65 in in intent this section to effectuate the of order 105, 66 section. This district is not intended for general application 67 throughout the city. The purpose of the B-4 Mixed Use District 68 is to provide for retail and commercial service facilities and 69 residential uses in those areas of the city where a mixture of 70 such uses is desirable and recommended by the policies of the 71 Comprehensive Central Business Plan. The of the B-4C purpose 72 Mixed Use District is to provide an area that complements the B- 73 3A pembroke Central Business Core District through quality mixed 74 intensities patterns development and that support at use 75 multiple modes of transportation, higher residential densities, 76 and an integrated mix of residential and non-residential uses 77 within or building the the lot. Requests for same on same 78 rezonings to the B-4C Central Business Mixed Use District shall 79 limi ted to the be area surrounding the B-3A pembroke Central 80 Business Core District and generally bounded by Thalia Creek on 81 the east, Interstate 264 on the south, Aragona Boulevard on the 3 Historic Kempsville Master Plan D~ December 14, 200:; 60 100 101 102 103 104 105 106 107 82 and west, Jeanne Street and Broad the Street north. on 83 Development within the B-4C Central Business Mixed Use District 84 should adhere to the Comprehensive Plan's Mixed Use Development 85 Guidelines. The purpose of the B-4K Historic Kempsville Area 86 Mixed Use District is to provide an area that complements the 87 adjoining residential neighborhoods through quali ty mixed use 88 development at intensities and patterns that support multiple 89 modes of transportation, higher residential densities, and an 90 integrated mix of residential and non-residential uses within 91 the same building or on the same lot. Rezonings to the B-4K 92 Historic Kempsville Area Mixed Use District shall be limited to 93 property within the area generally bounded by Kempsville Heights 94 and Kempsville Lake to the north, Cedar Run Canal to the south, 95 Kempsville Gardens and Kempsville Manor to the east, and Eastern 96 Branch of the Elizabeth River to the west. Development within 97 the Historic B-4K Kempsville Mixed District Area shall Use 98 conform the Comprehensive to Plan's Mixed Use Development 99 Guidelines and the Historic Kempsville Area Master Plan or, in the of conflict, event shall conform to the Historic a Kempsville Area Master Plan. COMMENT The amendments describe the legislative intent underlying the B-4K Historic Kempsville Area Mixed Use District and establish its general boundaries. 4 Historic Kempsville Master PI8Il D RAFr December 14, 2006 61 108 109 110 111 112 113 114 115 116 117 118 (a) principal Sec. 901. Use regulations. The and condi tional following chart uses. lists those uses permitted within the B-1 through B-4 Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicated structures indicated by a "P" or as conditional uses indicated by a "C." Uses and "X" respective districts. by prohibited the in shall be an No other as than structures uses or specified shall be permitted. Use Animal hospitals, veterinary establishments, pounds, shelters, commercial kennels, provided all animals shall be kept in soundproofed, air-conditioned buildings Antennas, building-mounted Auditoriums, assembly halls, and union halls Automobile repair garages and small engine repair establishments, provided that all repair work shall be performed within a building Historic Kempsville Master Plan B-1 B-2 B-4C B-4K B-3 B-4 B-3A B-IA p p p p p p p p x x p p p p p x x c p p p p p x x x c X x C x x 5 D RAFT December 14, 2006 62 Use Automobile repair establishments dealing exclusively in minor repairs of the type provided at automobile service stations Automobile service stations; provided that, where there is an adjoining residential or apartment district without an intervening street, alley or permanent open space over twenty-five (25) feet in width and where lots separated by a district boundary have adjacent front yards, Category VI screening shall separate the automobile service station use from the adjacent residential district or apartment district and no ground sign shall be within fifty (50) feet of the residential district or apartment district B-1 B-1A x x B-2 x x 6 B-3 c C B-3A B-4 B-4C B-4K c x c x x c x c x x Historic Kempsville Master Plan D RAFr December 14, 2005 63 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Bakeries, p p p p p p p p confectioneries and delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on the premises Bed and breakfast X X X X X C X C inns Beverage X X P P X P P X manufacturing shops, which shall not exceed three thousand (3,000) square feet in floor area Bicycle and moped X X X X X C X X rental establishments Bingo halls X X C X X C X X Boat sales X X P X X P X X Body piercing X X C X X X X X establishments Borrow pits X X C X X X X X 7 Historic Kempsville Master Plan D RAFr December 14, 2005 64 B-1 B-IA B-2 B-3 B-3A B-4 B-4C B-4K Use Bulk storage X X C X X X X X yards and building contractors yards; provided that no sale or processing of scrap, salvage or secondhand material shall be permitted in such yards; and, provided further that such storage yards shall be completely enclosed except for necessary openings in ingress and egress by a fence or wall not less than six (6) feet in height Business and X C C C C C C X vocational schools which do not involve the operation of woodwork shops, machine shops or other similar facilities Business studios, P p P P P P P P offices and clinics 8 Historic Kempsville Master Plan D RAFI' December 14, 200:» 65 B-1 B-IA B-2 B-3 B-3A B-4 B-4C B-4K Use Car wash X X C C C C X X facilities, provided that: ( i) no water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties; (ii) a minimum of three (3) off- street parking spaces for automobiles shall be provided for each car wash space within the facility Child care and C C P P P P P C child care education centers Churches X C C C C C C C Colleges and X C C C C C C X universities, public or private Conunercial X X P P P P P C parking lots, parking garages, parking structures and storage garages 9 Historic Kempsville Master Plan D RAFr December 14, 2006 66 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Commercial X X C C P C P X parking gar-ages and storage garages which include car wash, car rental or car detailing services when wholly enclosed within a parking structure and accessory thereto Commercial X X C C C P C X recreation facilities other than those of an outdoor nature Dormitories for X X X X X C X X marine pilots Drugstores, p p p p p p p p beauty shops and barbershops and other similar personal service establishments.!.. provided that drive-through windows shall not be allowed in the B-4K District Dwellings, X X X X P X P Attached Dwellings, Multi- X X X X C P C C family 10 Historic KempSYille Master Plan D RAFT December 14, 2006 67 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Eating and X X X X P X P P drinking establishments without drive- through windows, when not freestanding and incorporated inside a mixed use building, except as otherwise specified in this section Eating and X X P P X P X X drinking establishments with drive- through windows, except as specified below Eating and P P P P X P X X drinking establishments without drive- through windows, except as specified below Eating and X X C C C C C C drinking establishments where all three of the following occur: 1. Alcoholic beverages are served; 2. The establishment is located within five hundred (500) feet of a residential or apartment district; 11 Historic Kempsville Master Plan D RA.F'r December 14, 2005 68 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use 3. The establishment excludes persons on the basis of age during any part of the day, or provides entertainment, audible from an adjoining property. Fiber-optics X C C C C X C X transmission facilities Financial p p p p p p p p institutionsi... provided, that drive-through windows shall not be allowed in the B-4K District Flea markets X X C C C C C X Florists, gift p P P P P P P P shops and stationery stores Funeral homes X p P P X P X X Furniture repair X p P P X P X X and upholstering, repair services for radio and television and household appliances other than those with gasoline engines; carpet and linoleum laying; tile setting, sign shops and other small service businesses Greenhouses and X p P X X P X X plant nurseries 12 Historic Kempsville Master Plan D RAFI' December 14, 200ð 69 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Grocery stores, C C P P X P X X carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000) square feet Grocery stores, X X P P C P C X carry-out food stores and convenience stores whether or not freestanding, but in a structure of a gross floor area of not less than five thousand (5,000) square feet Grocery stoIões, P P P P C P C C carry-out food stores and convenience stores any of which are not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet Heliports and X X C C C C C X helistops Home occupations X X X X C C C C 13 Historic Kempsville Master Plan D RAFr December 14, 2006 70 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Housing for C C X X C C C C seniors and disabled persons or handicapped, including convalescent or nursing; maternity homes; child care centers other than covered under permitted principal uses hereinabove, provided that the maximum height shall not exceed one hundred sixty-five (165) feet; provided, however, that no structure shall exceed the height limit established by section 202(b) regarding air navigation Hospitals and X X C C C C C X sanitariums Hotels and motels X X X P P P P X 14 Historic Kempsville Master Plan D RAFr December 14, 2006 71 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Hotels and motels X X X X X C X X with increased lodging unit density and height, provided that the maximum density shall be one hundred twenty (120) lodging units per acre, the minimum lot area shall be one (1) acre and the maximum height shall be one hundred (100) feet; notwithstanding the above, no structure shall exceed the height limit established by section 202(b) regarding air navigation Laboratories and X X P P P P P P establishments for the production and repair of eye glasses, hearing aids and prosthetic devices Laundry and dry P P P P P P P P cleaning agencies Liquor stores, P P P P P P P P package only Marinas, X X C C X C X X commercial Medical and P P P P P P P P dental offices and clinics Medical X X P P P P P P laboratories 15 Historic Kempsville Master Plan D RAFT December 14, 2005 72 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Mini-warehouses X C C C X C X X Mobile home sales X X C X X X X X Motor vehicle X X C C X C X X sales and rental, provided the minimum lot size is twenty thousand (20,000) square feet; and provided further, that truck and trailer rentals shall comply with the provisions of section 242.2 Motor vehicle X X X X P X P X sales and rental, provided such use is wholly enclosed within a building, and further provided that no outdoor use accessory to or in conjunction with the principal use shall be allowed Museums and art C P P P P P P P galleries Newspaper X P P P P P P P printing and publishing, job and commercial printing 16 Historic Kempsville Master Plan D RAFr December 14, 2006 73 Use Off-site parking facilitiesL subject to the provisions of subsection (c) for any use ,Ji thin the B 3, I3 3.'\. or B 4 C Di::;tricto may he permitted on any zoning lot within any of tho::;c thrcc (3) diotricto, pro.;ideei all of the follmlia'3 rcquircmento are mct: (a) Ctructureo for parking facilitieo shall conform to the regulationo of thc diotrict in ,;hich located; (b) Off site parking facilitieo ohall be located within onc thouoaaei fivc hundrcd (1,500) feet from the uoe they are iatendcd to ::;erJC, hut in no caoe ohall any ouch facility he located oppooite '.'irginia Beach Boulcì;ard and Independence Boulevard unlcoo graàe separated pedestrian acceoo io pro.;idcd, (c) Off oitc. par],ing Historic Kempsville Master Plan B-1 B-2 B-3 B-3A B-4 B-4K B-4C B-1A x x x p p x p x 17 D RAFr December 14, 2005 74 Use otructureo oerving uoeo 'I.:i thin the B 3l\. Diotrict ohall not be oeparated by Independence Boulevard; (d) l\. 'I./ritten agreement aoouring continued .:17.:1 ilabi li ty of the number of opaceo indic.:1ted oh.:1ll be drmiR .:1nd executed, and a certified copy of ouch agreement oh.:1ll be recorded 'l.Jith the clerk of the court. Cuch .:1greement ohall otipulate th3t, if ouch apace io not maint.:1ined or apace ;:lCceptable to the planning director aubatituted, the U3e or ouch portion of the uae aG iG deficient in number of parking opacea ahall be diocontinucd. The ûgrccHlcnt Ghall be aubject to the appro-Jill of the city attorney B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K 18 Historic Kempsville Master Plan D RAFT December 14, 200ð 75 B-1 B-IA B-2 B-3 B-3A B-4 B-4C B-4K Use Outdoor cafes P p P P P P P P Outdoor plazas P P P P P P P P Passenger X X C C C C C X transportation terminals Passenger vessels X X C X X C X X permitted by U.S. Coast Guard regulations to carry more than one hundred forty-nine (149) passengers and used for commercial purposes Personal service P P P P P P P P establishments, other than those listed separately Personal X C C C X C X X watercraft rentals Private clubs, P P P P P P P P lodges, social centers, eleemosynary establishments and athletic clubs Public buildings P P P P P P P P and grounds Public utilities P P P P P P P P installations and substations provided storage and maintenance facilities shall not be permitted; and provided further that utilities substations, other than 19 Historic Kempsville Master Plan D RAFr December 14, 2005 76 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use individual transformers, shall be surrounded by Category IV screening solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require only Category I screening, solid except for access openings Public utilities X X P P P P P P offices Public utility X X C C X C X X storage or maintenance installations Radio and X C C C C C C X television broadcasting stations and line-of-sight relay devices Recreational and X C C C C C C X amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council; provided that, in the development 20 Historic Kempsville Master Plan D R.AFI' December 14, 200ð 77 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use of such properties, safeguards are provided to preserve and protect the existing character of adjacent properties, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise Repair and sales P P P P P P P P for radio and television and other household appliances and small business machines Retail X P P P P P P X establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for 21 Historic Kempsville Master Plan D R.AFr December 14, 2005 78 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult book stores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single- or multiple- family dwelling, church, park, or school Satellite X X C C C X C X wagering facility Specialty shops C P P P P P P P Storage garages X X P P X P X X Tattoo parlors X X C X X X X X Wholesaling and X X P C X X X X distribution operations, provided that such operations do not involve the use of: (i) more than two thousand (2,000) square feet of floor area for storage of wares to be sold at wholesale or to be distributed, or (ii) any vehicle rated at 22 Historic KempsmIe Master Plan D RAFr December 14, 200:) 79 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 Use more than one and one-half (1 1/2) tons, or (iii) a total of more than five (5) delivery vehicles B-1 B-2 B-4 B-4C B-4K B-3 B-3A B-1A (a1) Outdoor cafes and outdoor plazas in the B-3A Pembroke Central Business Core District. (a1)Outdoor co.feG and outdoor plo.zo.G in the B 31\ rembro](c Centro.l BuGineGG Core DiGtrict . (a) Notwithstanding any contrary provision this of ordinance, outdoor cafes within the B-3A Pembroke Central Business Core District shall not occupy more than thousand feet of (1,000) square one (b) area outside of an enclosed building. contrary provision this Notwithstanding subsection, of any outdoor within the B-3A plazas Pembroke Central Business Core District shall be (1 ) subject to the following criteria: at Historic Kempsville Master Plan Outdoor should the plazas be located entrance major buildings other and to appropriate provide safe, areas to attractive and accessible public urban open spaces for those who live, work and visit the The size configuration and of area. 23 D RAFr December 14, 200:; 80 139 outdoor plazas and attendant amenities shall 140 be reviewed by the Planning Director to 141 ensure conformance with these and other 142 related objectives as set forth in the 143 Comprehensive Plan and pembroke Central 144 Business District Master Plan; and 145 (2 ) The architectural design shall conform to 146 the purpose and intent of the Central 147 Business District Master Plan. 148 (a2) Outdoor cafes and outdoor plazas in the B-4K Historic 149 Kempsville Area Mixed Use District. 150 (a) Notwithstanding any contrary provision, outdoor 151 cafes wi thin the B-4K Historic Kempsville Area 152 Mixed Use District shall not occupy more than one 153 thousand (1,000) square feet of area outside of 154 an enclosed building. 155 (b) Notwithstanding any contrary provision, outdoor 156 plazas wi thin the B-4K Historic Kempsville Area 157 Mixed Use District shall be subject to the following criteria: ( 1) Outdoor plazas should be located at the 158 159 160 entrance to major buildings and other 161 appropriate areas to provide safe, 162 attractive and accessible public urban open 24 Historic Kempsville Master Plan D RAFr December 14, 2006 81 163 spaces for those who live, work and visit 164 the area. The size and configuration of 165 outdoor plazas and attendant amenities shall 166 be reviewed by the Planning Director to 167 ensure conformance with these and other 168 related objectives as set forth in the 169 Comprehensive Plan and the Historic 170 Kempsville Area Master Plan; and 171 ( 2 ) The architectural design shall conform to 172 the purpose and intent of the Historic 173 Kempsville Area Master Plan. 174 175 (b) Accessory uses and structures. Uses and structures 176 which are customarily accessory and clearly incidental and 177 subordinate to the principal uses and structures, including, but 178 not limited to: 179 (1 ) An accessory activity operated for profit in a 180 residential dwelling unit where there is no change 181 in the outside appearance of the building or 182 premises or any visible or audible evidence 183 detectable from outside the building lot, either 184 permanently or intermittently, of the conduct of 185 such business except for one non-illuminated 186 identification sign not more than one square foot in 25 Historic Kempsville Master Plan D RAFr December 14, 2005 82 187 area mounted flat against the residence; where no 188 traffic is generated, including traffic by 189 commercial delivery vehicles, by such activity in 190 greater volumes than would normally be expected in 191 the neighborhood, and any need for parking generated 192 by the conduct of such activity is met off the 193 street and other than in a required front yard; 194 where the activity is conducted on the premises 195 which is the bona fide residence of the principal 196 practitioner, and no person other than members of 197 the immediate family occupying such dwelling unit is 198 employed in the activity; where such activity is 199 conducted only in the principal structure on the 200 lot; where there are no sales to the general public 201 of products or merchandise from the home; and where 202 the activity is specifically designed or conducted 203 to permit no more than one patron, customer, or 204 pupil to be present on the premises at anyone time. 205 The following are specifically prohibited as 206 accessory activities: Convalescent or nursing homes, 207 tourist homes, massage or tattoo parlors, radio or 208 television repair shops, auto repair shops, or 209 similar establishments. 26 Historic Kempsville Master Plan D RAFT December 14, 2005 83 210 (c) Off-site parking facilities shall be permitted as 211 follows: 212 (1 ) B-3, B-3A and B-4C Districts. Off-site parking 213 facilities for any use within the B-3, B-3A or B- 214 4C Districts, shall be permitted on any zoning 215 lot, provided all of the following requirements 216 are met: ( 1 ) structures for parking facili ties 217 shall conform to the regulations of the district 218 in which located; (2) off-site parking facilities 219 shall be located within one thousand, five 220 hundred (1,500) feet from the use they are 221 intended to serve, but in no case shall any such 222 facility be located opposite Virginia Beach 223 Boulevard and Independence Boulevard unless 224 grade-separated pedestrian access is provided; 225 ( 3 ) off-site parking structures serving uses 226 within the B-3A District shall not be separated 227 by Independence Boulevard; and ( 4 ) a written 228 agreement assuring continued availability of the 229 number of spaces indicated shall be drawn and 230 executed, and a certified copy of such agreement 231 shall be recorded with the clerk of the court. 232 Such agreement shall stipulate that, if such 233 space is not maintained or space acceptable to 27 Historic Kempsville Master Plan D RAFI' December 14, 2005 84 234 the planning director substituted, the use or 235 such portion of the use as is deficient in number 236 of parking spaces shall be discontinued. The 237 agreement shall be subject to the approval of the 238 city attorney. 239 ( 2 ) B-4K District. Off-site parking facilities for 240 any use within the B-4K District may be permitted 241 on any zoning lot within the district, provided 242 all of the following requirements are met: ( 1 ) 243 structures for parking facilities shall conform 244 to the regulations of the district in which 245 located; (2) off-site parking facilities shall be 246 located within one thousand, five hundred (1,500) 247 feet from the use they are intended to serve, but 248 in no case shall any such facility be located 249 opposite Kempsville Road, Princess Anne Road, or 250 South Witchduck Road unless grade-separated 251 pedestrian access is provided: and (3) a written 252 agreement assuring continued availability of the 253 number of spaces indicated shall be drawn and 254 executed, and a certified copy of such agreement 255 shall be recorded with the clerk of the court. 256 Such agreement shall stipulate that, if such 257 space is not maintained or space acceptable to 28 Historic Kempsville Master Plan D RAFr December 14, 2005 85 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 the planning director substituted, the use or such portion of the use as is deficient in number of parking spaces shall be discontinued. The agreement shall be subject to the approval of the city attorney. COMMENT The amendments set forth the use regulations applicable in the B-4K Historic Kempsville Area Mixed Use District and make technical amendments to the fonnat of a portion of the section. Sec. 902. Dimensional requirements. . . . . (b) The following chart lists the requirements within the B-3A pembroke Central Business Core District, ttftd B-4C Central Business Mixed Use District, and B-4K Historic Kempsville Area Mixed District minimum width, and yard lot for Use area, spacing for all uses and structures: TABLE INSET: ( 1 ) Minimum lot area in square feet: Minimum lot width in feet:* Minimum setback from a street in feet Maximum setback from a street in feet. There shall be no maximum setback from a street for structures where the total floor area consists of residential use. B-3A B-4C B-4K 10,000 10,000 10,000 100 100 100 0 0 10 10 10 20 (2 ) ( 3 ) ( 4 ) 29 Historic Kempsville Maste.. Plan D RAFr December 14, 200:; 86 279 280 281 282 283 284 285 286 287 288 289 290 (5) Minimum side yard setback in 0 0 0 feet, unless otherwise identified herein or a greater setback is required by section 903 ( 6) Minimum rear yard setback in 0 0 0 feet, unless a greater setback is required by section 903 (7) Maximum density per acre of N/A 36 18 multifamily dwellings in the B- 4C District. Density shall be determined based on the area of the entire zoning lot, even if such lot is partially occupied by other principal uses or conditional uses. For every 10,000 square feet of commercial space in a given development project, an additional dwelling unit per acre beyond that allowed by the maximum density may be built. (8) Maximum density of hotels and N/A 80 N/A motels *Where applicable, newly created corner lots must also adhere to section 4.4(c) of the Subdivision Ordinance, requiring additional lot width on certain ewfief corner lots. Except otherwise provided herein, setbacks affecting as only the first floor of multistory buildings may be increased by no more than twenty (20) feet in order to allow the creation of covered within the B-3A.!... aiTEi passageways B-4C and B-4K Districts. In addition, building setbacks adjacent to roadway intersections may be increased to provide safe and reasonable line-of-sight clearances. (C) The following chart lists the requirements within the B-3 and B-4 Business Districts for minimum lot area, width, yard 30 Historic Kempsville Master Plan D RAFr December 14, 200:» 87 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 hotels and motels (lodging units): spacing and maximum density for lodging uses and structure. For TABLE INSET: ( 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: ( 5) Minimum side yard setback adjacent to a street in feet: (6 ) ( 7 ) Minimum rear yard setback in feet: Maximum density for lodging units per acre: For each dwelling unit contained in a combination development, the number of allowed lodging units shall be reduced by two (2). (8 ) B-3 B-4 43,560 20,000 100 100 35 35 20 20 10 35 20 20 N/A 80 section the Subdivision *Where applicable, newly created corner lots must also adhere to requiring Ordinance, 4.4(c) of additional lot width on certain corner lots. . . . . (e) The following chart lists the requirements wi thin the B-4 Mixed Use District and B-4K Historic Kempsville Area Mixed Use District for minimum lot area, width, yard spacing, maximum For multiple-family dwellings: lot coverage and maximum density for multiple-family dwellings. B-4 B-4K ( 1) Minimum lot area in square feet: 40,000 40,000 (2) Minimum lot width in feet: 200 200 (3) Minimum front yard setback in feet:* 30 10 31 Historic Kempsville Master Plan D RAF"r Deœmberl4, 200:; 88 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 (4) Maximum front yard setback in feet:* 20 (5) Minimum side yard setback in feet: 8 0 (6) Minimum rear yard setback in feet: 10 0 (7) Maximum lot coverage by buildings and parking, excluding recreational buildings 75 75 and surfaces in percent: ( 8) Maximum density in dwelling units per 36 18 acre: *Where applicable, newly created corner lots must also adhere to section 4.4(c) of the Subdivision Ordinance, requiring additional lot width on certain corner lots. . . . . COMMENT The amendments establish dimensional requirements (setbacks, minimum lot size, etc.) applicable in the B-4K Historic Kempsville Mixed Use District. Sec. 903. Landscape screening and buffering regulations. For the B-1 through B-4 Commercial Districts, the following landscape screening and buffering regulations shall apply: (a) When or B-1A Business zoning within lot B-1 a a District adjoins residential, or hotel district apartment a without intervening alley street, body of an water or over twenty-five (25) feet in width, fifteen-foot minimum yard a shall be required along all lot lines adjoining the residential, apartment hotel I district. Category landscape screening or shall be required within the yard other No area. uses or structures shall be permitted in such yards. 32 Historic Kempsville Master Plan D RAFT December 14, 2005 89 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 (b) When a zoning lot within the B-2, B-3, B-3A, B-4L er B-4C B-4K District adjoins residential or apartment or a district without an intervening street, alley or body of water over twenty-five (25) feet in width, a fifteen-foot minimum yard shall be required along all lot lines adjoining the residential or apartment district. Category IV landscape screening shall be required within the yard area. No other uses or structures shall be permitted in such yards. (c) When a zoning lot within the B-2, B-3, B-3A, B-4, er B-4C or B-4K District adjoins an 0-1 Office District without an intervening street, alley or body of water over twenty-five (25) feet in width, a ten-foot minimum yard shall be required along all lot lines adjoining district. Category I office the landscape screening shall be required within the yard area. No other uses or structures shall be permitted in such yards. COMMENT The amendments establish landscape screening and buffering requirements applicable in the B-4K Historic Kempsville Mixed Use District . Sec. 904. Height regulations. . . . . (b) Where a zoning lot within the B-2 Community Business District, B-3A pembroke Central B-3 Central Business District, Business Core District, B-4 Mixed Use DistrictL er B-4C Central Business Mixed Use District or B-4K Historic Kempsville Area 33 Historic Kempsville Master Plan D RAFr Decemberl4,200ð 90 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 Mixed Use District adjoins the side or rear yard of a zoning lot in a residential or apartment district without an intervening street or alley over twenty-five (25) feet in width or a body of water fifty the in (50) feet width, following maximum over height regulations shall apply on that portion of the commercial zoning within lot hundred (100) the adjoining feet of one residential or apartment district. In cases where more than one (1) of the following apply, the most restrictive shall apply. ( 1 ) adjacent to When residential district, the maximum height shall be thirty-five (35) feet. (2 ) When adjacent to A-12 or A-18 Apartment Districts, the maximum height shall be thirty-five (35) feet. ( 3 ) When adjacent to A-24 Apartment District, the maximum height shall be forty-five (45) feet. ( 4 ) When adjacent to A-36 Apartment District, the maximum height shall be one hundred twenty (120) feet. . . . . (d) specified in items Except (a),(b) and (c) as hereinabove, there shall be no maximum height regulations in the B-2, and B-4 Districts. B-3 wi thin the B-3A pembroke Central Business District, the minimum building height Core shall be thirty-five (35) feet and the maximum building height shall be four hundred (400) feet. In the B-4C Central Business Mixed Use District, minimum building height shall be thirty-five (35) feet 34 Historic KempsYill.e Master Plan D RAFr December 14, 2005 91 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 and the maximum building height shall be two hundred (200) feet. In the B-4K Historic Kempsville Area Mixed Use District, the minimum building height shall be twenty-five (25) feet and the maximum building height shall be fifty (50) feet. . . . . COMMENT The amendments establish height regulations for buildings and structures in the B-4K Historic Kempsville Mixed Use District. Sec. 905. Sign regulations. . . . . (f) Within Historic Kempsville Area Mixed Use the B-4K District, signs shall be permitted as follows: ( 1) each of frontage an foot For occupancy establishment shall have no more than sixty one- hundredths ( .60) square feet of sign area. No single establishment shall have more than four (4) signs, nor more than two (2) signs per building individual sign shall facade, and no exceed sixty (60) square feet in surface area. Any establishment having less than forty (40) feet of occupancy frontage may have one (1) sign not exceeding twenty-four square feet. No ( 24) such sign shall be allowed above the second story of any building. 35 Historic Kempsville Master Plan D RAFr December 14, 2005 92 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 ( 2 ) ( 3 ) ( 4 ) Major A sign to upper-floor identifying the entrance residential dwelling units shall be permitted; provided, that no such sign shall exceed eight ( 8 ) feet of surface area, and that the square number of signs shall be limited to one (1) sign at street level at each principal entrance. Commercial buildings shall have no more than two ( 2) building and no sign identification signs, shall have a surface area exceeding one hundred fifty (150) square feet. Such signs shall be mounted on or above the third story of the building, but above the roofline of such not buildinq, and only sign per building ( 1 ) one facade shall be allowed. Additionally, two ( 2 ) building identification signs, not exceeding twenty (20) square feet each, shall be allowed at street level if the building has a street level entrance. Tenant Sign For Option. each foot of building footage, major have tenant a may a maximum of one and two-tenths (1.2) square feet of sign provided that pedestrian scale area, features amenities and such outdoor cafe as seating, planters, kiosk areas, fountains, 36 Historic Kempsville Master Plan D RAFI' December 14, 200:i 93 427 display windows or sculptures are provided on the 428 facade or adjacent thereto. No major tenant 429 shall have a total of more than four ( 4 ) signs, 430 nor more than two (2) signs per building facade. 431 ( 5) All freestanding signs shall be approved by the 432 City Council, as consistent with the general 433 purpose and intent of the design provisions 434 presented in the Historic Kempsville Area Master 435 Plan and any applicable design standards approved 436 by the City Council. 437 ( 6 ) Signs on building awnings shall not be included 438 in determining the number of building signs 439 permitted, or in determining permissible sign 440 area, if they meet the following criteria: 441 a. Such signs are uniform in font, color, size 442 and style; 443 b. Only the name of the establishment appears 444 on the awning; 445 c. There is only one (1) sign per awning; and 446 d. Such are no larger than two (2) square feet. 447 ( 7) Public or private parking structures and parking 448 garages may have one ( 1) sign per vehicle 449 entrance and two (2) additional signs. Such signs 450 shall have no more than seventy-five (75) square 37 Historic Kempsville Master Plan D RAFT December 14, 200:; 94 451 feet of surface area and shall identify the 452 building on which they are located as a parking 453 structure or parking garage. 454 (8 ) As used in this section: 455 a. "Occupancy frontage" means the exterior 456 length of that portion of a building 457 occupied exclusively by a single 458 establishment having at least one ( 1 ) 459 exterior public access; 460 b. "Building identification sign" means a sign 461 which displays only the name of the building 462 on which it is located; 463 c. "Major tenant" means the space in a building 464 occupied by a single establishment with a 465 building wall height of at least thirty-five 466 (35) feet and with at least one ( 1 ) 467 continuous wall containing at least eighty 468 (80) feet of building frontage; and 469 d. "Building frontage" means the exterior length of that portion of a building occupied exclusively by a single 470 471 472 establishment. 473 ( 9) For all other uses and structures, the following 474 sign regulations shall apply: 38 Historic Kempsville Master Plan D~ December 14, 200:) 95 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 Historic Kempsville Master Plan a. b. c. No sign or in window located on or any located behind any window in such a manner as to the attention persons of attract outside establishment, the shall have a surface than twenty (20) greater area percent of the surface area of such window, not to exceed sixteen (16) square feet. Signs containing or consisting of graphic or pictorial representations shall be permitted; provided, however, that the combined surface area occupied by such graphic or pictorial shall not be more than twenty (20) percent of the representations total sign allotment of an establishment or four (4) square feet, whichever is less. For each forty (40) feet of frontage and for each eighty (80) feet of lot line adjoining a street, but not constituting frontage, not more than one (1) sign and not more than a area total of sixteen (16) square feet of surface permitted; of signage shall be provided, however, that no establishment shall have more than two (2) signs of which ( 1 ) be freestanding sign; and one may a 39 D RAFT December 14, 2005 96 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 provided further that no establishment having a frontage of less than one hundred (100) feet shall have a freestanding sign. No freestanding two ( 2 ) sign shall exceed faces, neither of which shall exceed thirty- two (32) square feet of surface area, and no sign of any other type shall exceed seventy- five (75) square feet of surface area. Any establishment having less frontage or lot line adjoining than is required a street hereinabove have sign ( 1 ) not may one exceeding sixteen ( 16) feet of square surface area. d. Sign regulations pertaining to multiple-family dwellings shall be the same as those applying in the Apartment Districts. e. Where there is an established neighborhood commercial center containing at least five (5) establishments and at least forty thousand (40,000) square feet of land area, there shall be not than each ( 1 ) identification more center sign one for principal entrance. No such sign shall have more than two (2) faces, neither of which shall exceed thirty-two (32) square feet of surface area. Such identification sign shall contain only the name of the center. Alternatively, such signs may display the 40 Historic Kempsville Master Plan D RAFT December 14, 200ð 97 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 names of tenants as well as the name of the center if (i) the portion of a sign on which tenant names are displayed does not exceed sixty of the total sign (ii) the ( 60) percent area; portion of a sign on which tenant names are displayed is of a uniform color; (iii) the top of the face of such sign does not exceed eight ( 8 ) feet in height and the top of any decorative cap on such sign does not exceed ten (10) feet in height; (iv) such sign does not exceed twelve (12) feet in width; and (v) the face of such sign is surrounded by a minimum of six (6) inches of framework constructed of a material matching in color and texture the primary exterior building material of the principal structure in the center. f. Signs advertising for sale, lease rent property or shall be permitted; provided, however, that no such sign shall exceed sixteen (16) square feet in surface area. Not more than two (2) such signs shall be permitted for any property having more than one hundred feet of line at the street lot (100) right-of-way, and having than hundred less one any property (100) feet of such lot line shall have no more than one (1) sign 542 not exceeding sixteen (16) square feet of surface area. 543 Beacon lights or search lights may be permitted for g. 544 purposes of advertisement of special events for a period not in 545 excess of forty-eight (48) hours. 41 Historic KempsYille Master Plan D RAFT December 14, 2005 98 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 h. facilitate neighborhood in To a new occupancy commercial center containing at least (40,000) forty thousand square feet of land area, there shall be not more than one (1) temporary sign, which shall not exceed thirty-two square (32) feet of surface area. Such sign shall be removed when seventy (70) percent of the property is occupied or leased, or after a period of twenty-four (24) months, whichever event first occurs. COMMENT The amendments establish sign regulations for uses within the B-4K Historic Kempsville Mixed Use District. Sec. 906. Off-street parking regulations. Parking shall be required all and for structures uses permitted in the B-1 through B-4€ Central BaoincoG l1iJrcà Doe B- 4K Historic Kempsville Area Districts in accordance with section 203. single-family no attached (townhouse) developments, For parking area on any lot shall exceed farther than twenty (20) feet from the right-of-way line and no area within a garage, or an enclosed or covered space be counted toward meeting shall off-street parking requirements. COMMENT The amendments establish off-street parking regulations for uses within the B-4K Historic Kempsville Mixed Use District. Adopted by the City Council of the City of Virginia Beach on the --- day of , 2005. 42 Historic Kempsville Master Plan D RAFr December 14, 2005 99 574 575 576 577 578 579 580 581 582 583 584 585 CA-9839 OID\ordres\B-4Kordin.doc R-l December 2, 2005 APPROVED AS TO CONTENT: Planning Department Historic Kempsville Master Plan APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 43 D RAFT December 14, 2005 100 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ESTABLISH THE HISTORIC KEMPSVILLE AREA OVERLAY DISTRICT, DISTRICT BOUNDARIES, USE REGULATIONS AND DIMENSIONAL, DENSITY, AND LANDSCAPING REQUIREMENTS Sections Added: City Zoning Ordinance Sections 2000, 2001, 2002, 2003 and 2004 WHEREAS, the public necessity, convenience, general welfare 12 and good zoning practice so require; 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 That the City Zoning Ordinance is hereby amended by the 16 addition of a new Article 20, consisting of Sections 2000, 2001, 17 2002, 2003 and 2004, pertaining to the Historic Kempsville Area 18 Overlay District, to read as follows: 19 20 21 22 20. ARTICLE THE HISTORIC DISTRICT KEMPSVILLE AREA OVERLAY 23 Sec. 2000. Findings; intent. 24 The City Council hereby finds that the Historic Kempsville 25 Area is not only one of the primary crossroads within the City, 26 but is also the location of the third courthouse in Princess 27 Anne County, the site of a Revolutionary War skirmish, an early 28 cultural and economic hub within the City, and is surrounded by 29 many stable and attractive residential communities. As such, its 30 appearance and revitalization is important to the physical and Historic Kemps'rille Master Plan D RA.F'T December 14, 2005 101 31 economic vitali ty of the Historic City. The of the purpose 32 Kempsville Area Overlay District is to enhance the appearance of 33 the area encompassed by the District and to help restore its 34 vitality as an important and historic location within the City. 35 COMMENT 36 37 38 The section states the findings and intent underlying the creation of the Historic Kempsville Area Overlay District. 39 Sec. 2001. District boundaries. 40 Historic Kempsville Area Overlay District boundaries The 41 shall be as designated on the official zoning map of the city. 42 COMMENT 43 44 45 The section designates the boundaries of the District by reference to the official zoning map. 46 Sec. 2002. Application of regulations. 47 lying within the designation The of property as any 48 Historic Kempsville Area Overlay District shall be in addition 49 district underlying zoning in lieu and of, the to, not 50 classification of such property, such that any property situated 51 in the Historic Kempsville Area Overlay District shall also lie 52 within one or more of the zoning districts enumerated in Section 53 102 (a) of this ordinance. All such property shall be subject to 54 the requirements this article of well all other as to as 55 regulations applicable it, and the that to extent to any 2 Historic Kempsville Master Plan D RAFr December 14, 200:) 102 56 provision of this article conflicts with any other ordinance or 57 regulation, the more restrictive provision shall control. COMMENT 58 59 60 61 62 The section sets forth general rules regarding the application of the regulations pertaining to the Overlay District. The rules are similar to those used in other Overlay Districts within the City (e.g., Shore Drive Corridor, Laskin Road Gateway). 63 Sec. 2003. Use regulations. (a) Principal uses. Subject to general requirements and to 64 65 the regulations of the underlying zoning district, all uses and 66 67 district structures permitted as principal uses in the underlying zoning located 68 principal District, except as set forth in Section 901 of this Ordinance. (b) Accessory uses. Subject to general requirements and to 69 70 71 in which they shall permitted be are as uses within Area Overlay the Historic Kempsville the regulations of the underlying zoning district, all uses and 72 73 district structures permitted as accessory uses in the underlying zoning located 74 accessory in which they shall be permitted are as 75 District. uses within Area Overlay 76 (c) the Historic Kempsville 77 to the regulations of the underlying zoning district, all uses Conditional uses. Subject to general requirements and 78 and structures permitted as conditional uses in the underlying 79 zoning district in which they are located shall be permitted as 3 Historic Kempsville Master Plan D RAFr December 14, 200:» 103 99 100 101 102 103 104 105 106 80 conditional within Historic Kempsville Overlay uses the Area 81 District, as well as the following uses and structures: 82 ( 1 ) Multiple-family dwellings in the B-4K (HK) Mixed 83 Use District; 84 ( 2 ) Attached dwellings in (HK) Mixed Use the B-4K 85 District; 86 ( 3) Corrunercial parking parking and lots, garages 87 storage garages located in the B-2 (HK) Corrununi ty 88 Business or B-4K (HK) Mixed Use Districts. 89 ( d) Additions single-family dwellings, duplexes, to 90 attached dwellings and multiple-family dwellings not increasing 91 the number of dwelling units in any such use shall be permitted 92 by right, provided that all other requirements of this ordinance 93 setbacks other dimensional requirements Where met. or are 94 pertaining specified the in additions such are not to 95 regulations of the underlying zoning district, such requirements 96 Mixed Business shall specified in the be B-4K (HK) Use as 97 District. 98 COMMENT The section sets forth use regulations (principal, accessory and conditional uses) applicable in the Overlay District. Except as specifically provided, the permitted uses are the same as those in the underlying zoning district. 4 Historic Kempsville Master Plan D RAFT December 14, 2005 104 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 Sec. 2004. ordinance, Subject Dimensional and other requirements; landscape screening and buffering. to the of density; this and District structures located within the Historic Kempsville Area Overlay zoning provisions Section of 2003 dimensional and requirements other for uses (c) ( a) (b) shall be specified in the underlying not permitted by the regulations of the underlying zoning district, density as district; provided, however, that: exceed The density multiple-family of dwellings shall eighteen ( 18) units the maximum duplexes, district adjoins any district in which single-family dwellings, B-4(HK) permitted per acre or are an feet intervening street, alley or body of water over twenty-five (25) whichever is the lesser, on a zoning lot. along landscape Where zoning lot within the B-2(HK) a or attached dwellings or multiple-family dwellings as conditional use, without all Category fifteen-foot minimum yard shall be required IV uses or principal a or in width, a lot lines adjoining such district. screening shall be required, and no other structures shall be permitted, within the yard. (HK) Mixed Use Business District for minimum lot area, width, yard spacing and The requirements within the B-4K maximum lot coverage for residential dwellings and commercial structures are set forth in Article 9 of this ordinance. 5 Historic Kempsville Master Plan D RAFr December 14, 200ð 105 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 COMMENT The section sets forth dimensional requirements, density restrictions and landscaping requirements in the Overlay District. It also provides that the dimensional requirements for property within the Overlay District that is zoned B-4K (HK) Mixed Use District are set forth in Article 9 (Business Districts) of the City Zoning Ordinance. CA-9838 OID\ordres\Kempsville Overlay Ordinance. doc R-l December 2, 2005 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office 6 Historic Kempsville Master Plan D RAFr December 14, 2005 106 1 2 3 4 5 AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP BY THE DESIGATION AND INCORPORATION OF THE HISTORIC KEMPSVILLE AREA OVERLAY DISTRICT 6 WHEREAS, the public necessity, convenience, general welfare 7 and good zoning practice so require; 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA: 10 That the official zoning map of the City of Virginia Beach be, 11 and hereby is, amended to designate and incorporate the Historic 12 Kempsville Area Overlay District, as shown on a series of sheets 13 marked and identified as such, and which have been displayed before 14 the City Council this date and are on file in the Department of 15 Planning. 16 COMMENT 17 18 19 The ordinance amends the zoning map to incorporate and designate the Historic KempsviUe Area Overlay District. 20 Adopted by the Council of the City of Virginia Beach on this 21 day of , 2005. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 CA-9840 OID\ordres\HKA Map ordin.doc R-l December 2, 2005 Approved as to Content: Approved as to Legal Sufficiency: Planning Department City Attorney's Office Historic KempsYille Master Plan D RAFr December 14, 200ð 107 1 2 3 4 5 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN BY THE INCORPORATION OF THE HISTORIC KEMPSVILLE AREA MASTER PLAN 6 WHEREAS, on December 14, 2005, the Planning Commission held 7 a public hearing concerning the amendment of the Comprehensive 8 "Plan") incorporation Historic of the by the Plan (the 9 Kempsville Plan, the conclusion of such and at Area Master 10 public recommended that the Plan be amended by the hearing, 11 incorporation of the said Historic Kempsville Area Master Plan 12 as an appendix to the Plan; 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 14 CITY OF VIRGINIA BEACH, VIRGINIA: 15 That the Comprehensive Plan be, and hereby is, amended and 16 reordained by the incorporation of the Historic Kempsville Area 17 appendix to the Master Plan, dated as an 18 Comprehensive Plan. A true copy of the said Historic Kempsville 19 Area Master Plan was exhibited to the Planning Commission on 20 December 14, 2005, and on this day to the City Council. 21 22 City Virginia Beach, Council the of of Adopted by the 23 Virginia, on the , 2005. day of CA-9814 OID\ordres\HKA Master Plan ordin.doc R-l December 2, 2005 Historic Kempsville Master Plan D RAFr Deœmber 14, 2005 108 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office 2 Historic Kempsville Master Plan D RAFr December 14, 200ð 109 Historic Kempsville Master Plan D RAFT December 14, 2005 110 APPENDIX 4 MAPS 1 Aerial Photo 2 Overlay District Boundary 3 Natural Features 4 Northeast Quadrant Natural Features 5 Southeast Quadrant Natural Features 6 Southwest Quadrant Natural Features 7 Northwest Quadrant Natural Features 8 Gateways 9 Historic Structures and Sites 10 Planning Quadrants 11 Existing Utilities 12 Current Zoning 13 Northeast Quadrant Current Zoning 14 Southeast Quadrant Current Zoning 15 Southwest Quadrant Current Zoning 16 Northwest Quadrant Current Zoning 17 Current Land Use Historic Kempsville Master Plan D RAFr December 14, 200:» 111 18 19 20 21 22 23 24 25 26 27 Northeast Quadrant Current Land Use Southeast Quadrant Current Land Use Southwest Quadrant Current Land Use Northwest Quadrant Current Land Use Land Use Concept Village Form Conceptual Village Plan Northeast Quadrant Conceptual Village Plan Southeast Quadrant Conceptual Village Plan Southwest Quadrant Conceptual Village Plan 28 Northwest Quadrant Conceptual Village Plan 29 Pedestrian Circulation 30 Architectural Fabric 31 Property Acquisitions Historic Kempsville Master Plan D RAFT December 14, 2005 112 Historic Kempsville Master Plan D RAFr December 14, 2005 113 c:: co ã: ~ co CI Q) -0 ~ c: « 5 c> m c:: +" .- 0 -g E co .~ ...J C IIJ >- c.. CI E ;:: Q) g! ~ 0 Qj of ~ 0 lIS :& -g " 0 m ~ ';j is '" .!! :; > 0 0 01 C :¡; C .. j ~ .t. 0 OJ . 0 '" ~ .r:: 0 '" '" m '" ë ë> 5 - 0> Oc ~1~ 0", ..ä: ,s- ~~ '0'" 8~M .g ~Q e",~ c..o.... ~. ~~~v lJfflffl ~ K>. I f?o ~ n rf <? ~~.' ~~ 0, 0 ~~. . ~ <I . J \1 l\rv:D i( ~ ~ '.1 ~ j, [; r¡ -11 ) I~ ~~~ ~ ~,!~y( l Is:ff !g,~. / ~ ~ 0 ~~ f ~~ :s 0 ~ 7~~" ~ ~ ~ 0 4 ~ ~~ £!..u.!!J 0 (] --.J ¿rJ, - ~~~~zJ~ ~,~ - ù~ ~,~ )1 -- \.'-. ì 'pY,7 "- - I -- -~~ í'? \"- '-,~ ~1/7rIc' //0 Of ~~ 9"- '~\) 0 T J I h'==! L ~ 9 ! fUiJ] L -rl' ('J ~ "L~ t - , ~~'Í.- J ¡- ::lIe:, -= ~hr.- I '-'r-- I:r:\ ~Id a ~ 'LJ\~~\h:l~ ~ ~ l d I "\ ìJ ~^ It ~ JL ~ ~ lL'" ~ y.~,", {~jl:;~I"',"o I~ ~,i , dP)l~Dr;,~ '(Eî~~~ (j N ~'¡~? I ~¡rfb ~ ~~, U"'- l»- 0 16/(\\~ ~í)o ri ~~~/! ,'~ ~ ,-"¡'¡-¡"F{ inw "\~\O \T' ::::~I-- /I-':"J (", ..] "\ 'l.:J \ :!:t: =; , -/~ --= - - JIM ~ 'j [;,,\\ -=!l ' 1\ :-?\h :\ ?J1f 07 ~ ~ v-- \~ J\ \ \\~ 'i > ~ 1~ 0 fJ ~;: " ,< 0 0 ~ ~ '~~g2J . ß ~. Q,~ ,~;,)\> ]J5~ f1 17 I) /ì ~ ,1 ~~:~. Historic Kempsville Master Plan D RAFT December 14, 200~ 114 _-_on ----------- ¡; II "" 0 0 OD en ~ ::¡ - ro CD LL. "ê ::¡ 1ü z 0 0 OD ~ z.~ -C c.;¡ .. 0> II) .. ï: -ê> 5 -co 0<: ~ï~ u.. .,ã: =õ ~ë: "co> o>e g¡", -e ~~ a.c.... t: ro ã: ro CD -< C) t: '5 t: ro ...J en c.. E ~ 0 ì:' .. " C " 0 III .2 .. j ~ c;, c c .!! ãi ~ ~ # Š ~ ~ ~ ~ =c "".11 >.. :;¡"!! ~::;;~H ~~~~~i DO~ 0 ~<S ~ Historic KempSYille Master Plan D RAFT December 14, 2005 115 ~ Kemps Landing Area Plan Northeast Quadrant- Natural Features 0 ~eet Kemp Landing Overlay District Boundary --.-.. Tree Stands [-.:=J Resource Protection Area [3 1 DO-year floodplain Œ'--',r~j Wetland .+. Produced by the city of Virginia Beach Department of Planning August 5, 2003 Historic Kempsville Master Plan D RAFr December 14, 200ð 116 Kemps Landing Area Plan Southeast Quadrant- Natural Resources 0 ~eet ¿:> r Kemp Landing Overlay District Boundary -.-.-" Tree Stands [=:=J Resource Protection Area [:=.:J 1 DO-year floodplain r~~~j Wetland .+. . Produced by the City of Virginia Beach Department of Planning August21,2O03 Historic Kempsville Master Plan D RAFT December 14, 200ð 117 " £ .!. ~ ~~ ... a¡;¡ If a~ 11 l! -' > ¡;¡ .. ;;.. Q. :oZ E 0 " en '" ¡ . ~ ~ Ijlt~ ]1 Q" , .. c t~!ii Dj.>n~l~ '" ...-".~!:J . £ ¡ . t ~ ~ €! a ¡ < ~ 1; ! '" i t i ~ ð ~ <::> Historic Kempsville Master Plan D RAYr December 14, 200ð 118 c .!!! . Q. .". '" c'" '" !!!~ :¡: -¡¡¡.a .~ õæ 'g ~õi ~ 3:,a :g, €~ E 0 '" z >:: fn ~ '" '0 C " 0 () :g ~ - <{ is § E ~ ~ ~ ~ ~ £ ~ ~~8'O~ E (/) !5 c '" 'g :g ~ ,¡g 6' ~,=æ~~ Og I D~~ ¿ð.t", ~) ~ " . 'E ... ~ ; r 0 :¡ ~ ~ 8 1; " N ';: Ë .; ~ ~ ! Ii: ~ ¡¡ -+ .:r- c; Historic Kempsville Master Plan D RAFr December 14, 200:' 119 f r þooI ~= ~~~ ~;~ ---- Kemps Landing Area Plan Gateways 500 0 500 Feet , , rn Bonney Rd Intersection (; ~ Kempshire Ln Intersection 1.~ Kempsville Canal °0:; ~ E. Branch Elizabeth River D Kempsville Overlay District Boundary D Water N w+. s Produced by the City of Virginia Beach Department of Planning 7/2/103 = ... i ~ f "= ~ ~ ~ i :s! I I-" N I-" = I r ~ ~= ~š Historic Structures and Sites 500 0 500 Feet , , I:J Kempa landing Overlay District Boundary .", 0 Water . Historic Structures and Sites I Kempsville Baptist Church Emmanuel Episcopal Church Pleasant Hall Caraway House law Office Courthouse and Jail Site ! t ~. r "= ~ I)' ~ == ill ... ll~ ~ r-- w*. . ~l// ~ Produced by the City of Virginia Beach Department of Planning 7/2/03 1- ~ ¡¡¡ c: ro ë: ro ~ « C> c: "õ c: ro -1 CJ Q. E ~ CJ - c: ro .... "C ro ::I 0 C> c: ï: c: ro ë: ~ .. ." C 6 : III;: - .. u." "l:c 1í ::I -0 elll "'- .. c ~~ ð~ .!!G =... > c "'- a.c e c ~~ [}~ .t- .s::. <> III Q) [D III ë "ê> 5 - CI> 0<: ~ë -<: UIII ..5: =õ ~ï:: ".. ..e gæ~ 'ë :ir!::! a.e.... ¿ -- ------ -- -- -- -------- Historic Kempsville Master Plan D BAFr Deœmberl4, 200:i 122 10 m ~ 0 ø ~ ~ ~ :j . :::¡ I i*~~ÇJ::'~;;i\?~ '¡:~5~~~E~~ '" :z '" 0 0::> '" ooñ::¿~ ~~ ~ '" ñ '" en ~ ~ ~ - '" '" §I ;.. '" 3: !: ~ §I 3: '" z .., ~r' HISTORIC KEMPSVILLE r'"'~~ r:, EXISTING UTILITIES & ,. DEPARTMENT OF PLANNING Virginia Beach, Virginia WPL LANDSCAPE ARCHITECTS LAND SURVEYORS CIVIL ENGINEERS Historic KempsYille Master Plan D RAFI' December 14, 2005 123 Q; '" IL 0 0 '" Q) t: t: <C I/) I/) Q) U .S t: ~O a.. .- -Õ ~Q) =1/) > ~ I/)Q) 0.- E.E Q)'C ~C:: 0 ~ .. " " :J 0 III ~ -;; is >- .!! ~ 0 ! '> ~š.....: cO"! ~~ ";"';"1"1"';"'1":- !o::> ":IIIIIIOa:a:a: 01 ¡ flF1RlmOIEi Li LlUJLJtJ !ì!) 0:::,< ~¡ ~ " '" '" ID '" "E e> 5 .... 0) 0<:: ~ê ,-"" ",11: =õ ~ë -e'" "'E "1::(") "",0 -e 0..::::: e",£:! CLDr- 0> c:: ï:: a N 'E ~ :s () ~t. c 0 '" ____0__--.-. Historie KempSYille Master Plan D RAFr December 14, 2006 124 Kemps Landing Area Plan Northeast Quadrant- Current Zoning 0 ~eet CJ , Kemp Landing Overlay District Boundary .. A-12 .. B-1A .. B-2 .. 0-2 .. R-10 ~.""'-... ~..,¡1lt R 50 ~ - L.J R-7.5 .+. Produced by the City of Virginia Beach Department of Planning August 5, 2003 Historic KempSYille Master PIan D RAFr December 14, 2006 125 Kemps Landing Area Plan Southeast Quadrant- Current Zoning ~ "- ~D Kemp Landing Over1ay District Boundary .. A-12 l1li1 B-1 A _8-2 r~ ~0-2 - R-10 ~"""'Ú:';' R 50 ..?!F.";,.,",'.' - . ...,."..^' CJ R-7.5 !ì w+ Produced by the City of Virginia Beach Department of Planning August 21,2003 Historic KempSYille Master Plan D RAFT December 14, 2005 126 ~ I ilf L " " q' ]1 î ~8 oiÎQiôíõö .+ . ¡ t H2 ~¡- lei Historic Kempsville Master Plan D RAFI' December 14, 2006 127 c: .!!! , 11. .... '" æOl ~ 'H ~ à~ 'Õ -"E æ :ß ~ -' 3:::J [ €u ~ ~ ~ fn ~ '" "0 c: ::J 0 , m Õ ;:: 1ñ Õ >- '" ~ 0 01 c: ~~$NN~fÈ~ -'..(dJdJÒD::D::D:: DIIII~IQD ~ .. ~ ,tr"'~" ~ œ ~ 5! ~ ~ 8 ¡ ~ ; ~ ¡ ¡¡, + à: c3 ~ ~ Historic Kempsville Master Plan D RAFr December 14, 2005 128 c C\1 õ: C\1 (]) -< C) c '6 c C\1 .....J II) a. E (]) ~ (]) II) ::> " c C\1 .....J - C (]) .... .... ::I () ~ ~ .. " c: ~ ~ II] ë - .. u .., E "¡j .!! &. ~ :Ii ~ ..~~ ð ;¡¡~¥ go ~ ~&..., :¡; i EE~:t 5 ~~ !1!.f~~ a.~ E'O;;."""r> E.!.E:>.2;¡¡ãtæ-3 ~~:S8~5~~i5 []D~ IEOmi ... . ., :¡: .t: " " .. II] " ,= "ê> :> -'" Oc: ~ê 0.. .,¡;: =õ ~E H., -5 [Q e..~ Q.C... (j ¿ Historic Kemps"rille Master Plan D RAFT December 14, 2005 129 Kemps Landing Area Plan Northeast Quadrant- Current Land Use 0 ~ -'"'-"'""""""""'- - CcIrnmoR:ia/ r:>;""¡'^"'"'.;'.j Industrial Oftiœ PI.tIIicI5emi PubIc Single Family or Duplex TownHouse lJndewIoped -+ " if -- by ... cay 01 Virginia - ~ of PlamOlg Auguot 5, 20113 Historic KempSYille Master Plan D RAFr December 14, 2005 130 Kemps Landing Area Plan Southeast Quadrant- Gun-ent Land Use 0 ~ ,:~.'ki; t /' i ~ c:::J Kemp Landing Over1ay District Boundary .. Commercial I~ti~~~;~ Industrial 1\;/>1 Office 1 .. Public/Semi Public .. Single Family or Duplex .. Town House .. Undeveloped .+ Produced by the City 01 Virginia Beach Department 01 Plarming August 21, 2003 17 Historic Kempsville Master Plan D RAFI' December 14, 2005 131 f ~ íG ¡ j¡ ~ ]1 ~i~ ~-. ~~:¡¡ E ~j ð .~ -. Æ ~ ~ ~ ~:~ .!? ~ ~ 3 ~ ~ ~ ~ i lð []liÒÔiiíi 1 J . p n~ ; ~ .. Iii . ð ! -+ . Historic Kempsville Master Plan D RAFr December 14, 2006 132 c: .!!! . '; .¿,~ i!! ~=> ..: ...., '" ::>c: .5 O~ ~ ~ë ~ ~ ~ ~ 'É8 ~ ~ ~ ~ ?:- .. .., c: '" 0 m 11 ¡;¡ u; "õ. i5 .26 ~ :g ð !!1- ,=~,,¡¡ oJ!! EE!!Jc. go~~ c:J~~~ 'g~~8~~c:~ ~8~ðæ¡)j~5 D!llliJDIIII ~~ ~ '....;.w ~ . " " ~ 5 .¡ . ¡¡: <; õ 8 f ~ :;¡ ~ ~ ~ õ: ~ oÎ -+ .or- Historic Kempsville Master Plan D BAIT December 14, 200ð 133 DD~DDDDD 0 :I: i!= 0 g¡ !Z ~ s:: > m ~ ~ ~ - @ ~ ~ ~ ~ ~ - ~ ~ ;¡i § en (') 2 ~ '" ~ g (') ~ m ~ ~ ~ g ~ ~ m ~ ~ OVERLAND ROAD i j ~~ i ::::~ ¡ g;:: ¡ t~ - ........ ~~{ {~4: Q~ ~4. o~ ~ 1'0 ~o~ ~ ~.t. i :j , - ¡ g ¡ ! ; :s ¡ ~ , ~ ~ HISTORIC KEMPSVILLE . I~ LAND USE CONCEPT DEPARTMENT OF PLANNING Virginia Beach. Virginia WPL LANDSCAPE ARCHITEcrs LAND SURVEYORS CML ENGINEERS Historic Kempsville Master Plan D RAFr December 14, 2006 134 i!j ~ l..O/U) DUNMO '/{¡; DRIVe HISTORIC ¿:;;~:~ .:)~~; ;& .. WPL ~~:~~~~~R~I~:~A':~~~RV~~~i~~~C:~:::~':: ()~:"f Historic Kempsville Master Plan DRAFT December 14, 2005 135 .lo~ /)lJlV/lfOlQ; OIUVE; . ~> ¡ ~~ , 8::: ¡ :di ! ~~{ {/.t. Q4-14r <1'0 'fð : ;~ ¡ gJ ~ ::¡ , CONCEPTUAL VILLAGE PLAN HISTORIC KEMPSVILLE . (0) & . DEPARTMENT OF PLANNING Virginia Beach, Virginia WPL LANDSCAPE ARCHITECTS LAND SURVEYORS CIVIL ENGINEERS Historic Kempsville Master Plan D RAFT December 14, 2005 136 ¡ 6 , ! ¡ ! ! i í I i i ¡~> ¡ ~i ! ~::; ¡.'~j:;: , w ¡ :: ! 0 ! ::¡ \ , ! ~ : ~& '. ~ - ~ l"1 t::I c:: 00 l"1 ~ l"1 t::I (=) > t"' ~ > t"' t"' > - ~ 00 ..., l"1 00 > 2- - ...¡ 00 ~ l"1;i :=t::I !:"' - <: - 2 ~ '"d !:"' ~ 1'!tjl"1 -~ ~~ ~~ l"1l"1 22 ...¡~ l"1>< :=-- NORmEAST QUADRANTfI'.:: CONCEPTUAL VILLAGE PLAN ~J~; HIS TO RI C KEMPSVILLEJ~~:Hi DEPARTMENT OF PLANNING Virginia Beach, Virginia 1'iL.,:..:}:.~rf WPL LANDSCAPE ARCHITECTS LAND SURVEYORS CIVIL ENGINEERS. . Historic Kempsville Master Plan D RAFI' December 14, 200:» 137 1- - I , ¡ ¡ ¡ ¡ ! . ¡ ¡ F ¡ ¡ ¡ ¡ , ¡ ¡ ¡ I ¡ ¡ ¡ ¡ ! ¡ ! . ! ¡ ¡ , ¡ , i ! ¡ ¡ ! ~ ¡ , ¡ ; ,~> ¡ 2~ p:~ !;j~ ,0 ! ~ ¡ L p: . ~& \9/ ~ ><: "'C t"" ~ / //< te e ~ ~ toJ :;d 0 "'C toJ Z rIJ ~ (j toJ (j 0 ~ ~ toJ :;d (j > t"" ~ ,. "'C 0 z t:: ~ ~ ~ 0 z e ~ toJ Z 0-3 ~ 0 rIJ :;.:: te"'C æ~ t::toJ c:JrIJ toJ0-3 æ > z 3: >< toJ t:: e rIJ toJ ...¡~ 03: ~"'C ZrIJ ::c::C 0- 3: ~ SOUTHEAST QUADRANT EØI)< ~ CONCEPTUAL VILLAGE PLAN Ii¡¡¡.,}fi~; HISTORIC KEMPSVILLE 1¡r..,;{::i}1" DEPARTMENT OF PLANNING Virginia Beach, VIrginia' . / ..~ WPL LANDSCAPE ARCHITECTS LAND SURVEYORS CIVIL ENGINEERS '." Historic Kempsville Master Plan D RAFr December 14, 200:i 138 , i , ¡ 2i ¡ ~íi , ~:;: ¡~j ¡ c I : ¡ c , ;& '9; (,'H'" ~ »~ 2:Z"t >OC"IJ t"ž G") ~ -<: "t t" > Z LOJU) J)lJlVMO~ "t 0 z '=' ~ 0 z c: ~ l"J Z ,..;¡ ~;g -0 ><~ l"Jl"J 000 c:~ 000 l"Jz > t" ~ ,..;¡ l"J ¡:g :::c 0 z ,..;¡ -- z ,..;¡ l"J :::c "t g;; ,..;¡ < l"J :::c>~~t"~ þjO~»a: C::>""G")z"t ~ ~ 8 ~ s 00 SOUTHWEST QUADRANT ~~'i' < t" ,..;¡ ê5 CONCEPTUAL VILLAGE PLAN :81~..~......¡'.'.'~.:..:.'.: l"J HISTORIC KEMPSVILLE .~~~,;~'. I.ë'ë~¡:"~""" DEPARTMENT OF PLANNING Virginia Beach, Vlrginia',.--:,)';: WPL LANDSCAPE ARCHITECTS LAND SURVEYORS CIVIL ENGINEERS: . Historic KempsYille Master Plan D RAFI' December 14, 200:» 139 , ! . 1 ¡ i ¡ ! ¡ ¡ ¡ ¡ , , ¡ ¡ i ¡ ¡ i ¡ , ¡ I ~ ¡ ! ¡ ~> ¡ ?~ ¡~j~ ¡ L; ¡ 0 ¡ ; .& ¡~ ~ ..., I'"J ~ := 0 z ..., ~ -< ~ t"" ~ I'"JI'"J ~== ~== (j;l> OZ ~c:: t""~ (j ;I> ~ ~ := 0 c:: II) to:! == ~ ~ c:: 00 I'"J NORTHWEST QUADRANT -.;Œ;' CONCEPTUAL VILLAGE PLAN Æ~ HISTORIC KEMPSVILLE' ~~':~.~;~ ~~~~~~:~=~V:~i~~~C:~;~~~ Iro~..~/~:::' WPL Historic Kempsville Master Plan D RAFI' Deœmber 14, 200:S 140 DEPARTMENT OF PLANNING Virginia Beach, Varginia WPL LANDSCAPE ARCIUTEcrs LAND SURVEYORS CML ENGINEERS ".(~)~ I æ:: ~~) J ~ ~e :Z:6'tr1~O():Z:z::Een I ~~!I!I ~ i i g¡ 2!:r: 0 :r: "d en In """'ë'ë' :<>o~i3'" ~ <~ g:r:"'~ ::! "':r: ~ .... 0:<> r- ::c z ;><: ¡ ! ~~ ¡ !:ë j ~~ ! ~:¡; i , =j E - i g ¡ ¡ ; :s j ~ ¡ & w; .; - +.æ "" PEDESTRIAN CIRCULATION B' I~ HISTORIC KEMPSVILLE Historic Kempsville Master Plan D RAFr December 14, 200ð 141 ¡ ¡ ¡ ¡ ¡ ! ¡ ¡ ¡ ! ¡ ¡ I ¡ J ¡ I ¡ ! ¡ s ¡ ¡ ¡ j ¡ ! c", '.; !", ¡ i ! ¡ ¡ ¡ ì I I ¡ ¡ , ì ¡ ; ¡ ! ¡ ! ! ¡ ¡ i ¡ , ¡ ¡ ! ~ i ! ! ! i ~ ?~ ~~ ARCHITECTURAL FABRIC HISTORIC KEMPSVILLE ~. ~'" I~ 0" DEPARTMENT OF PLANNING VIrginia Beach, Virginia WPL LANDSCAPE ARCHITECTS LAND SURVEYORS CIVIL ENGINEERS Historic Kempsville Master Plan D RAFr Deœmber 14, 200:S 142 D 0 D 10 ;? ;..'"" n;? æ:" r:>~ :=1'" 2:r:> .or:> -<r:> ¡:: ¡!J S ¡!J 0 ¡!J » '" ~ '" ." '" .... ~ ;:j ~ ::;0 ~.o ~.o ~~ .oC C zffi S§ ~ ,"0 '" z z'" '" ;:j 0 0 trJ-< ~~ ëJ ~~ 0 )!:t '" .... z '" :¡;; ë' 0 :t ... 0 ." ~ -< tI1 ~ ¡;; ... z 0 ë' a :t ... 0 ." ~ -< rvr 1.0j ,~ ,0 , ;8 ; , ¡ ;~ ¡g :::¡ ¡& ., PROPERTY ACQUISITIONS RISTO RI C KEMPSVILLE ~..".,..,'.E.: Iif".. r DEPARTMENT OF PLANNING Virginia Beach, Virginia WPL LANDSCAPE ARCHITECTS LAND SURVEYORS CIVIL ENGINEERS Historic Kempsville Master Plan D RAFr December 14, 200:; 143 Historic Kempsville Mastel' Plan D RAFT December 14, 2006 144 APPENDIX 5 ACKNOWLEDGMENTS AND REFERENCES Acknowledgments The following individuals served as participants in the Kempsville Center Strategy Group from the fall of 2002 through the fall of 2005. Their input and advice were central to the development of the recommendations set forth in the Historic Kempsville Area Master Plan. Individuals indicated with a" * " served as the most regular attending members of the group. Peter Abraham Alma Anderson John Baldwin * Lorrie Bonney * Wanda Brooks Danny Bryant * Marion Buddo Hunter Clarke * Daniel Davis Frank Demasi Beth Drylie Rex Fitch Charles Fletcher Rick Gregor David Grochmal Brooks Harris Pamela Ibanez * Allen Loree Tony Lowery Stephen Mannix * Steve Mansfield Richard Matthews Matt Maxwell Glenn McClanan * Louis McKinney * Doug McLiverty * Ken Miller Charles Parks Ellen Powell Historic Kempsville Master Plan D RAFT December 14, 200ð 145 Elizabeth Predmore Todd Ratliff Jim Rose * Charlie Schindler * Catherine Schwartz Sarah Singer Earl Stanton * Jimmy Stocks * Kristy Svedburg Joan Upton Jim Werbiskis * Catherine Wilson * Marti Womble * The following individuals from City agencies, State agencies, City elected officials, City appointed officials, and Private Consultants are acknowledged as having provided invaluable assistance in the preparation of this Plan. Without their particular assistance and ongoing participation, completion and subsequent adoption of the Historic Kempsville Area Master Plan would not have been possible. R. B. Alley Tony Arnold Irv Beard and Other Kempsville Elementary School Staff Clay Bernick Dean Block Bob Boyette Travis Campbell Dale Castellow Faith Christie Tim Cole Anne Companion Bill Davenport Robert Davis Jim DeBellis Ken Dierks Harry Diezel Will Dinn Barbara Duke Chuck Eastman Dan Edwards Margaret Eure Historic Kempsville Master Plan D RAFr December 14, 2005 146 Frank Fentress John Fowler Barry Frankenfield Bob Gey Louise Hayes John Herzke Frank Hickman Mark Johnson Theron Knouse Jim Lawson Ty Lee Les Lilley Bill Macali Bill Mackey Robert Mandigo Betsy McBride Reba McClanan Bill Nash John Neal Larry Newcomb Tom Pauls Karen Prochilo Mark Reed Ron Ripley Carol Rizzio Chase Sargent Bob Scott Carolyn Smith Jeannette Smith Brian Solis Jim Spore Steve Thompson Keith Thornton Tony Tolentino Mike Wade Horace Welsh Bobby Wheeler Stephen White Jack Whitney Perry Williams and Other Woodstock Elementary School Staff Historic Kempsville Master Plan D RAFr December 14, 200ð 147 Peter Williams References The following documents and websites were utilized in the preparation of this plan: The American Vignola: A Guide to the Making of Classical Architecture with introductory notes by John Barrington Bayley and Henry Hope Reed and a new foreword by Arthur Ross. Author: Ware, William R. (William Robert), 1832-1915. Published: New York: Dover Publications, 1994. The Virginia Beach Comprehensive Plan The Virginia Beach Outdoors Plan The Virginia Beach Bikeways and Trails Plan Martin Senour "Williamsburg" Exterior Paint Colors http://www.martinsenour.com!color_collections/williamsburg.asp Sherwin Williams "Preservation Palette" Exterior Paint Colors http://www.sherwin-williams.com/do- itJourself/paint- colors/paint_color ""palette/ color - themes/c1assic/pdfs/Classic - ext.pdf TAMKO Heritage Premium Fiberglass Shingle Color Series http://www.tamko.com/OurKeyBrandsIHERIT AGELandingPage/tabid/l 08/ControIType/ category Display /itemid/22/Defaultaspx Historic Kempsville Master Plan D RAFT December 14, 200:; 148 L. APPOINTMENTS BEACHES and WATERWAYS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA PERSONNEL BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS o. ADJOURNMENT GTY OF VIRGINIA BEAm SUMMARY OF COUNCIL ACI10NS V 0 I M B L DATE: January 10, 2006 C E S L D C M R C A W PAGE: 1 I J L A N R H N I E D 0 A D D E M U L W AGENDA Z Y N N D 0 E I E S 0 ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 0 L R S N X F E T A N D I CITI' COUNCIL BRIEFINGS: A. COMMUNITY COLOR PROJECT Tom Ward, Chairman, Virginia Beach Beautification Commission B. HUMAN RIGHTS COMMISSION Dr. William Youth Community Outreach Dyson, Chairman, Subcommittee Human Rights Commission DIID/ IVI VI VI-E CERTIFICATION OF CLOSED SESSION CERTIFIED 9-0 Y Y Y A Y Y A Y Y Y Y F-l MINUfES - December 20, 2005 APPROVED 9-0 Y Y Y A Y Y A Y Y Y Y GIH/ Resolution Ie Revenue Sharing Policy between ADOP1ED, BY 9-0 Y Y Y A Y Y A Y Y Y Y 1-1 the City and the School Board CONSENT 2 Ordinance to APPROPRIATE S233,444 fim¡ ADOPTED, BY 9-0 Y Y Y A Y Y A Y Y Y Y the General Fund 10 Convention and VISitors CONSENT Bureau Ie special events in the Resort Area 3 Ordinance to APPROPRIATE 540,000 ADOPTED, BY 9-0 Y Y Y A Y Y A Y Y Y Y estimated revenue from vehicle transactions to CONSENT the Commissioner of Revenue Ie the DMV Select Program 4 Ordinance to ACCEPT/APPROPRIA TE ADOPTED, BY 9-0 Y Y Y A Y Y A Y Y Y Y S23,971 V1I'gÍnia State Library to Clerk of Circuit CONSENT Court Ie a Security Camera System in public areas J APPOINTMENTS BEACHES and WATERWAYS COMMISSION RESCHEDULED B Y C 0 N S E N S U S COMMUNITY MEDICAL ADVISORY REAPPOINTED 9-0 Y Y Y A Y Y A Y Y Y Y COMMISSION Tenn: 5 years 9/1105-8131/10 Judith Allison GTY OF VIRGINIA BEACH SUMMARY OF COUNGL ACTIONS V 0 I M B L DATE: January 10,2006 C E S L D C M R C A W PAGE: 2 I J L A N R H N I E D 0 A D D E M U L W AGENDA Z Y N N D 0 E I E S 0 ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 0 L R S N X F E T A N D lDSTORICAL REVIEW BOARD APPOINTED 9-0 Y Y Y A Y Y A Y Y Y Y Tenn: Unexpired thru 10mlO7 plus Lynn Carwell 2 years 1lI1I07-10ßlIO9 INVESTMENT PARTNERSHIP ADVISORY RESCHEDULED B Y C 0 N S E N S U S COMMITTEE - PPEA OLD BEACH DESIGN REVIEW COMMITI'EE APPOINTED 9-0 Y Y Y A Y Y A Y Y Y Y No Tenn Property Owners Barbara Yates Ellis Hinnant-Will Michael Yoder R2sort Area Advisory Commission (RAC) William D. Almond Gerrie King West ADD PERFORMING ARTS THEATRE ADVISORY APPOINTED 9-0 Y Y Y A Y Y A Y Y Y Y ON CO MMrITEE No Tenn Nicholas J. Ventura PERSONNEL BOARD (Alternate) APPOINTED 9-0 Y Y Y A Y Y A Y Y Y Y Tenn: 3 years 3/1106-2/28/09 George N. Tzavaras RESORT AREA ADVISORY COMMISSION REAPPOINTED 9-0 Y Y Y A Y Y A Y Y Y Y Tenn: 3 years 0/1I06-12ß1I08 Nelson J. Navam> VIRGINIA BEACH COMMUNITY RESCHEDULED B Y C 0 N S E N S U S DEVELOPMENT CORPORATION KIU M ADJOURNMENT 6:22 P.M. PUBLIC COMMENTS 2 Speakers