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Home My WebLink AboutJANUARY 28, 2014 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WIl LIAM D. SGSSOMS, JR., At Large VICEMAYOR LOUIS R. JONES, Bayside - Distric! 4 R083iR7'M. DYER, CenterviUe - Dfstrtci l RARBAItA M. HENLEY, Princess Anne - District 7 SHANNON DS KANG, Rose Hal! - District 3 812AD MARTIN, Y.E., At l.arge JOHN D MOSS, Al Large AM8'l1A ROSS-HAMMOND, Kempsvrlle - Disrrict 2 JOHN E UHlUN, Beach - District 6 ROSF.MARY WII.SON, At l.arge JAMlsS L. WOOD, Lynnhaven -District .i CITY COUNCIL APPOINTEES CITY MANAGH'R - JAMF,S K. SPORE Cl7'Y AYTOXNF.'Y MARK D. 5711.ES Cl7'Y ASSIiSSON - JF,RALD D. BANAGAN C17'Y AUDl7'OR - I YNUON S. Rh.'MIAS C17Y CLEf2K RU'l'H HODGf:S FR,9SL'R, MMC I II. III CITY COUNCIL AGENDA 28 January 2014 CITY MANAGER'S BRIEFINGS A. VIRGINIA BEACH CRIME STATISTICS James Cervera, Police Chief C/TYHALL BUILDlNG 2401 COURTHOUSE DRIVE V/RGINIA BEACH, VIRG/N/A 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com - Conference Room - B. CITIZEN SATISFACTION SURVEY Nanci Glassman, President, Continental Research C. GOLF COURSES, SPORTSPLEX and FIELD HOCKEY Michael Kalvort, Director, Parks and Recreation D. INTERIM FINANCIAL STATEMENT Patti Phillips, Director, Finance Department CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF THE CITY COUNCIL 2:30 PM 4:30PM C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Les Smith Senior Pastor Victory Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS JANUARY 14, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. VIRGINIA BEACH RED RAIDERS FOOTBALL TEAM Amateur Athletic Union (AAU) National Championship - Runner-up Dwayne Lowry, Coach 1. PUBLIC HEARINGS 1. SALE OF EXCESS CITY-OWNED PROPERTY a. Intersection of Dam Neck and Landstown Roads 2. LEASE OF CITY-OWNED PROPERTY a. Virginia Beach Farmers Market to Sweet Enchantments Bakery, LLC b. Vetshouse at 1508 Ohio Avenue 3. PURCHASE AGREEMENT for the ACQUISITION OF DEVELOPMENT RIGHTS a. 3500 Old Carolina Road J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND §§2-345 and §2-346 re Public Records Management 2. Ordinance to AUTHORIZE acquisition of an Agricultural Land Preservation Easement and the Issuance of Contract Obligations of $558,469 re property of Furman G. Wall, Jr. 3. Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. A Deed of Release and Exchange re an Agricultural Lands Preservation Easement on the Ralph Lee Frost family land b. Leases with: 1. Sweet Enchantments Bakery, LLC re the Farmers Market Space No. 30 2. Vetshouse, Incorporated at 1508 Ohio Avenue A Utility Service Agreement with the City of Chesapeake re the provision of sewer and water services to Charlestown Shores 4. Ordinance to ENDORSE the Cavalier Association project and AUTHORIZE the State Tourism Gap Financing Program applicable thereto 5. Ordinance to DECLARE a parcel at Dam Neck and Landstown Roads in EXCESS of the City's needs and AUTHORIZE the Dedication to the YMCA of South Hampton Roads 6. Resolution re Banners on the Pedestrian Bridge at Columbus Street in the Central Business Core District 7. Resolution to COMMEND City Clerk Ruth H. Fraser and her Staff for their extraordinary public service to the citizens of Virginia Beach re the Council Member Appointment Process 8. Resolutions REQUESTING the Virginia Department of Transportation (VDOT) to ACCEPT for Urban Maintenance payments: a. Accept additional streets b. Corrections to the Road Inventory 9. Ordinances to APPROPRIATE: a. $448,050 from the School Site Landscaping Internal Service Fund to the Department of Parks and Recreation b. $200,000 Virginia Governor's Opportunity Fund Award to the Development Authority K. PLANNING Application of ADVENTURE SPORTS PARK, LLC for Modification of a Conditional Use Permit re ADDING outdoor recreation (approved December 8,1969) at 1304 and 1252 Prosperity Road DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 2. Application of MAHESH GOPINATH for a Conditional Use Permit re vocational (dental assisting) training school at 405 South Parliament Drive DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Conditional Change of Zoning from AG-1 Agricultural to Conditional R-15 Residential at 1864 Indian River Road (deferred December 10, 2013) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION 4. Applications of the City of Virginia Beach to: APPROVAL a. AMEND the Official Zoning Map re "CBC Central Business Core District" b. ADD Article 22, Sections 2200 through 2212 ESTABLISHING the Central Business Core District ADD, AMEND, REORDAIN, REPEAL or RENUMBER certain Sections to CONFORM to the provisions of Article 22 of the City Zoning Ordinance (CZO) re conformance d. AMEND the Pembroke Strategic Growth Area 4 Implementation Plan and the Policy Document of the Comprehensive Plan e. AMEND and REORDAIN Sections 5.5, 5.613 and 5.14 of the Site Plan Ordinance applicable to property within the District £ ESTABLISH Transition Rules for the review of Site Plans, Subdivision Plats and other plans for development g. AMEND Section 33-114.3 re encroachments by outdoor cafes, etc., within certain Zoning Districts RECOMMENDATION APPROVAL L. APPOINTMENTS CHESAPEAKE BAY PRESERVATION AREA BOARD GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION WORKFORCE HOUSiNG ADVISORY COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT ***?*****?**************?**** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ?*?********?****?*****+*?******* 2014 CITYHOLIDAYS 111emoritrl 17cy - Motzrlril>, rbiay 26 Intlepenrlerzce 1)aY - Frrtluy, July 4 Labur I)rry -1Vlanrttri,, Septemher 1 Veter•arzs DrxY - 7'ucsrlqy1:Vravertxber XI ThcrnksgiE=ing Dcry rrnd 1)r{y, ci_f'ter Thanlisgiuing -- Thrsrsdny,A'ovenrber 27 «izrl Fridcxy,11'overnber 28 f.`/xristrnas Eve (/rul f-dap) -lVeclnescCrry, 1?ecenncer 29 C'lrristrarns 1)ciy - Tlzursdrlt', Dec?ember 25 CITY MANAGER'S BRIEFINGS - Conference Room - 2:30 PM A. VIRGINIA BEACH CRIME STATISTICS James Cervera, Police Chief B. CITIZEN SATISFACTION SURVEY Nanci Glassman, President, Continental Research C. GOLF COURSES, SPORTSPLEX and FIELD HOCKEY Michael Kalvort, Director, Parks and Recreation D. INTERIM FINANCIAL STATEMENT Patti Phillips, Director, Finance Department II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW N. INFORMAL SESSION - Conference Room - 4:30PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF THE CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Les Smith Senior Pastor Victory Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS JANUARY 14, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION VIRGINIA BEACH RED RAIDERS FOOTBALL TEAM Amateur Athletic Union (AAU) National Championship - Runner-up Dwayne Lowry, Coach L PUBLIC HEARINGS SALE OF EXCESS CITY-OWNED PROPERTY a. Intersection of Dam Neck and Landstown Roads 2. LEASE OF CITY-OWNED PROPERTY a. Virginia Beach Farmers Market to Sweet Enchantments Bakery, LLC b. Vetshouse at 1508 Ohio Avenue PURCHASE AGREEMENT for the ACQUISITION OF DEVELOPMENT RIGHTS a. 3500 Old Carolina Road T\NU Ei n ty7 •????- PUBLIC HEARING DECLARATION AND CONVEYANCE OF IXCESS CfTY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING Tuesday, January 28, 2014, at 6:00 P.M., in the Council Chamber, City Hall - Bldg. 1, Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public input to determine whether the following City property should be declared excess of the City's needs and sold `or otherwise conveyed to the YMCA of South Hampton Roads: Approximately 10.35 acres located at the intersection of Dam Neck Road and Lantlstown Road. (Part ot GPINs: 1484-79-2884 and 1484- 79-2434) Any questions concerriing this matter should be directed to the Dept. Parks & Recreatlon, Municipal Center, Bidg. 21, Virginia Beach, VA 33456, (757) 385-1100. If you are physicalty dfsabled or visualty impaired and need assistance at this rrieeting, please call the CITY CLERK'S OFFICE at 385- 430.3; Hearing impalred, call TDD 711 (TDD - Telephone Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon lanuary 19, 2014 23923730 SVq??.NU ?N l? rC "ffi i?' ?.t ( m..,. i.3 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach CRy Council will hold a PUBUC HEARING on January 28, 2014 at 6:00 P.M. in the Council Chamber, City Hall - Bldg. 1, Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment regarding the proposed lease of City-owned property located at the following addresses as tlefined below: 1) Virginia Beach Farmers Market - Bldg 7, Space# 30, 250 sf of space to Sweet Enchantments Bakery,LLC 2) 1508 Ohio Avenue- GPIN 2417-05-4214 If you are physically a disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; Hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center - (757) 355-5659. Ruth Hodges Fraser, MMC Ciiy Clerk Beacon January 19, 2014 23923714 lk1A ? ?Cd. ?Elt'ii l C ? ; 1 ? n z/ <t _ , ? `..j.'??.? NOTICE OF PUBLICHEARING ON THE IXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISRION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CIIY OF VIRGINIA BEACH, VIRGINI,? Notice is hereby given that the Ciry Council of the City of'Jirginia 8each, Virginia, will hold a Public Hearing with respect to the execution and delivery of Installment Purchase Agreementfor the acquisition of an agricultural land preservation easement with respect to 125.03+/- acres of land located atthe 3500 Block of Old Carolina Road (GPIN 1389-16-1845), in the City of Virginia Beach, Virginia, pursuant to Ordinance No. 95-2319, as amended, known as the Agricultural Lands4 Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote antl encourage the preservation of farmland, (b) preserve open spaces and the area's rural character, (c) conserve and protecl environmentally sensitive resources, (d) reduce and defer the need for major infrastructure improvements and the expenditure of publicfunds for such improvements, and (e) assist in shaping the character, oirection and timing of community development. Such easement will be purchased pursuant to an Installment Purchase Agreement for an estimated maximum purchase price of $558,464. The City's obligation to pay the purchase price under the Installment Purchase Agreement is a general obligation of the City and the full faith and credit and the unlimited taxing power of the City will be irrevocably pletlged to the punctual payment of the purchase price antl the interest on the unpaid principal batance of the pUrchase price as and when the same respectively become due antl payable. The Public Hearing, which may be continued or adjourned, will be held by the City Council on January 28, 2014, at 6:00 P.M. in the City Coincil Chamber located on the 2nd floor of the City Hall Buiiding, 2401 Courthouse Drive, Virginia Beach. Virginia. Any person interested in this matter may appear and be heard. Ruth Hodges Fraser, MMC City Clerk Beacon January 12 & 19, 2014 23915772 J. ORDINANCES/RESOLUTIONS Ordinance to AMEND §§2-345 and §2-346 re Public Records Management 2. Ordinance to AUTHORIZE acquisition of an Agricultural Land Preservation Easement and the Issuance of Contract Obligations of $558,469 re property of Furman G. Wall, Jr. 3. Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. A Deed of Release and Exchange re an Agricultural Lands Preservation Easement on the Ralph Lee Frost family land b. Leases with: 1. Sweet Enchantments Bakery, LLC re the Farmers Market Space No. 30 2. Vetshouse, Incorporated at 1508 Ohio Avenue c. A Utility Service Agreement with the City of Chesapeake re the provision of sewer and water services to Charlestown Shores 4. Ordinance to ENDORSE the Cavalier Association project and AUTHORIZE re the State Tourism Gap Financing Program applicable thereto 5. Ordinance to DECLARE a parcel at Dam Neck and Landstown Roads in EXCESS of the City's needs and AUTHORIZE the Dedication to the YMCA of South Hampton Roads 6. Resolution re Banners on the Pedestrian Bridge at Columbus Street in the Central Business Core District 7. Resolution to COMMEND City Clerk Ruth H. Fraser and her Staff for their extraordinary public service to the citizens of Virginia Beach re the Council Member Appointment Process 8. Resolutions REQUESTING the Virginia Department of Transportation (VDOT) to ACCEPT for Urban Maintenance payments: a. Accent additional streets b. Corrections to the Road Inventory 9. Ordinances to APPROPRIATE: a. $448,050 from the School Site Landscaping Internal Service Fund to the Department of Parks and Recreation b. $200,000 Virginia Governor's Opportunity Fund Award to the Development Authority 1 4 ?1 'c; •''+ ? •,.,?..» _?.. •?,'?„ CITY OF VIRGINIA BEACH ` AGENDA ITEM , ITEM: An Ordinance to Amend Sections 2-345 and 2-346 of the City Code Pertaining to Public Records Management MEETING DATE: January 28, 2014 ¦ Background: State law requires the City to have a records manager. In 1988, City Council adopted City Code §§ 2-341 to 2-347. In the decades that have followed, technologies and terminologies have evolved, but the language of the Code has not. ¦ Considerations: City Code § 2-345 currently provides that the "superintendent of records and micrographics" is designated as the City's records manager. This ordinance replaces that dated reference with the term "public records coordinator," which is the current title of the City's records manager. Additional housekeeping changes are made to Code § 2-346. ¦ Public Information: Public information will be provided by the regular City Council agenda process. ¦ Attachments:Ordinance Recommended Action: Approval Submitting Dep me gency: Department of Public Libraries City Manager: ` ? -?.? 1 AN ORDINANCE TO AMEND SECTIONS 2- 2 345 AND 2-346 OF THE CITY CODE 3 PERTAINING TO PUBLIC RECORDS 4 MANAGEMENT 5 6 SECTIONS AMENDED: §§ 2-345 AND 2-346 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-345 and 2-346 of the Code of the City of Virginia Beach, Virginia, 12 are hereby amended and ordained to read as follows: 13 Sec. 2-345. Records manager; duties. 14 The public records coordinator is 15 hereby designated as records manager, who shall be responsible for the 16 implementation of the records management program. 17 Sec. 2-346. Duties of department heads; records officers. 18 (a) It shall be the duty of the department directors to cooperate with the city 19 manager in implementing the records management program; provided, that nothing in 20 this article shall be construed to require the removal of city records from the custody of 21 a department director when such records are deemed necessary in or for the 22 perFormance of the duties imposed upon such director by statute or ordinance. 23 (b) Each department director shall designate an employee of his department 24 to act as records e#isef representative, who shall report directly to the director of his 25 department and shall be responsible for coordinating the records management program 26 of his department, for cooperating with the records manager in ensuring compliance 27 with the records management program, and for monitoring compliance with records 28 retention and disposition schedules for the records of his department. Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Libraries City Attorney's Office CA12854 R-2 January 15, 2014 04 ? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $558,469 (Property of Furman G. Wall, Jr.) MEETING DATE: January 28, 2014 ¦ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon twelve (12) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City, s interests, and other standard contingencies. ¦ Considerations: The subject property consists of one (1) parcel of land having approximately 125.03 acres outside of marshland or swampland. It is owned by Furman G. Wall, Jr. Under current development regulations, there is a total development potential of twelve (12) single-family dwelling building sites, and four (4) have been reserved for future development as 3-acre building sites. The parcel, which is shown on the attached Location Map, is located at the 3500 block of Old Carolina Road (GPIN 1389-16-1845), in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $558,469. This price is the equivalent of approximately $4,467 per acre. 2 The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 2.12% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 5.12% without the further approval of the City Council. The Ordinance transfers the proposed purchase price from the Agricultural Reserve Program Special Revenue Fund to the General Debt Fund for the purchase of the U.S. Treasury STRIPS. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ¦ Public Information: The Ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. ¦ Alternatives: The City Council may decline to purchase the development rights to the property. ¦ Recommendations: Adoption of the Ordinance and acquisition of the development rights, assuming all contingencies are met. ¦ Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Recommended Action: Adoption Submitting Dep m gency: Agriculture Department City Manager: 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $558,469 (PROPERTY OF FURMAN G. WALL, JR.) 6 7 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 8 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 9 presented to the City Council a request for approval of an Installment Purchase Agreement 10 (the form and standard provisions of which have been previously approved by the City 11 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 12 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 13 Installment Purchase Agreement) on certain property located in the City and more fully 14 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 15 $558,469; and 16 17 WHEREAS, the aforesaid Development Rights shall be acquired through the 18 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 19 compliance with, the requirements of the Ordinance; and 20 21 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 22 purchase as evidenced by the Installment Purchase Agreement; 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. The City Council hereby determines and finds that the proposed terms and 28 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 29 Agreement, including the purchase price and manner of payment, are fair and reasonable 30 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 31 is hereby authorized to approve, upon or before the execution and delivery of the 32 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 33 balance of the purchase price set forth hereinabove as the greater of 2.12% per annum or 34 the per annum rate which is equal to the yield on United States Treasury STRIPS 35 purchased by the City to fund such unpaid principal balance; provided, however, that such 36 rate of interest shall not exceed 5.12% unless the approval of the City Council by resolution 37 duly adopted is first obtained. 38 39 2. The City Council hereby further determines that funding is available for the 40 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 41 the terms and conditions set forth therein. 42 43 3. The City Council hereby expressly approves the Installment Purchase 44 Agreement and, subject to the determination of the City Attorney that there are no defects 45 in title to the property or other restrictions or encumbrances thereon which may, in the 46 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 47 Manager or his designee to execute and deliver the Installment Purchase Agreement in 48 substantially the same form and substance as approved hereby with such minor 49 modifications, insertions, completions or omissions which do not materially alter the 50 purchase price or manner of payment, as the City Manager or his designee shall approve. 51 The City Council further directs the City Clerk to affix the seal of the City to, and attest 52 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 53 incurrence of the indebtedness represented by the issuance and delivery of the Installment 54 Purchase Agreement. 55 56 4. The City Council hereby elects to issue the indebtedness under the Charter 57 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 58 the indebtedness a contractual obligation bearing the full faith and credit of the City. 59 60 5. The City Council hereby transfers $558,469 from the Agricultural Reserve 61 Program Special Revenue Fund (161) to the General Debt Fund (302). 62 63 Adoption requires an affirmative vote of a majority of all members of the City 64 Council. 65 66 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 67 , 2014. APPROVED AS TO CONTENT: Agriculture Department CERTIFIED AS TO AVAILABILITY OF FUNDS: irector of Finance APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: at&?'M City Attorney's Office CA12o DFS1Wpplications\CityLawProd\cycom32\Wpdocs\D011\P015\00049813.DOC R-2 Date: January 16, 2014 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2013-131 SUMMARY OF TERMS SELLER: Furman G. Wall, Jr. PROPERTY LOCATION: 3500 block of Old Carolina Road (GPIN: 1389-16-1845) PURCHASE PRICE: $558,469 EASEMENT AREA: 125.03 acres, more or less DEVELOPMENT POTENTIAL: 12 single-family dwelling sites (4 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 2.12% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement). Rate may not exceed 5.12% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of Installment Purchase Agreement. ?? . x .?• .?. , . _ so a ?-?---? z o -; ? o, ? Q ? "--?--_. ? . ._ d ? L -? 1 ? ? 3=Ln 00 LL N ? O -u Z ? m a a?o? Q LA v O N a r+ w ? Q w u. n O < V) >- w H = U U ? u ? ?w ? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Authorizing and Directing the Release and Exchange Pertaining to Easement Located on Land of The Ralph of Irene T. Frost Trust MEETING DATE: January 28, 2014 City Manager to Execute a Deed of an Agricultural Lands Preservation Lee Frost Family Trust and on Land ¦ Background: On April 23, 1997, Ralph Lee Frost, Trustee of the Ralph Lee Frost Trust ("Ralph Frost Trust"), the owner of five parcels of land located on Land of Promise and Blackwater Roads, placed five (5) parcels in the City`s Agricultural Reserve Program ("ARP") and Irene T. Frost ("Irene Frost"), the owner of one parcel of land located on Blackwater Road, placed one (1) parcel in the ARP. As part of the transaction, Ralph Frost Trust reserved, for future development three (3) 3-acre building sites, known as Easement Exceptions. By deed recorded as Instrument Number 20100608000559720, the successor trustees of the Ralph Frost Trust conveyed the five (5) parcels to the successor trustees of the Ralph Lee Frost Family Trust ("Frost Family Trust") subject to the preservation easement. By deed recorded as Instrument Number 20081016001206200, Irene Frost conveyed the parcel to Irene T. Frost, Trustee of the Irene T. Frost Trust dated December 14, 1990 ("Irene Frost Trust"), subject to the preservation easement. The Frost Family Trust and the Irene Frost Trust now desire that the City release the reserved 1.91-acre building site, shown on Exhibit A as a portion of "EASEMENT EXCEPTION SITE 213-1" from the respective ARP Easements in exchange for placing another reserved 2.797-acre site, shown on Exhibit A as the cross hatched area described as "EASEMENT EXCEPTION AREA HEREBY VACATED (121,849.7 Sq. Ft. / 2.797 Acres)", under the Frost Family Trust ARP Easement. ¦ Considerations: The attached plat shows the areas that would be exchanged. There is a slight overlap in the areas. Because the new exception site is 1.09 acres less than the existing exception site, the ARP Easement area will be slightly larger than it currently is. The appraiser who appraised the properties for the original ARP purchases has stated, by letter dated January 14, 2014, that there is no difference in the market value of the two sites. Additionally, the applicants have been notified that they will need to comply with all requirements of the City's zoning and subdivision ordinances prior to beginning construction on the new exception site. Section 11 of the Agricultural Lands Preservation Ordinance expressly allows exchanges of the type sought by the Frost Family Trust and the Irene Frost Trust, and states that the City Council shall allow such exchanges under certain conditions. Those conditions, which are set forth in the attached ordinance as findings of the City Council, are as follows: (1) the acquisition of the proposed Preservation Easement in lieu of the existing Preservation Easement does not adversely affect the City's interests in accomplishing the purposes of the Ordinance; (2) the proposed Preservation Easement area meets all of the eligibility requirements set forth in Section 7 of the Ordinance; (3) the land to be encumbered by the proposed Preservation Easement is of at least equal fair market value, is of greater value as permanent open space, and of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as the property on which the existing Preservation Easement is located; and (4) the consideration for the acquisition of the new Preservation Easement consists solely of the extinguishment of the existing Preservation Easement. The proposed ordinance authorizes and directs the City Manager to execute the necessary documents pursuant to which 2.797 acres of the 3-acre exception site reserved for future development is exchanged for a 1.91-acre reserved site. Such direction is subject to the City Attorney's determination that there are no defects in title to the property to be placed under the ARP Easement or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests. ¦ Public Information: No special form of advertising is required ¦ Alternatives: The City Council may deny the proposed exchange if it finds that the requirements specified above have not been met. ¦ Recommendations: Adoption of the ordinance allowing the exchange of reserved sites. ¦ Attachments: Ordinance Plat Location Map Recommended Action: Approval Submitting DMrttV/AAggeennccyy: Agriculture Department ??? City Manager?c.M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEED OF RELEASE AND EXCHANGE PERTAINING TO AN AGRICULTURAL LANDS PRESERVATION EASEMENT LOCATED ON LAND OF RALPH LEE FROST FAMILY TRUST AND ON LAND OF IRENE T. FROST TRUST WHEREAS, on April 23, 1997, the City of Virginia Beach (the "City") and Ralph Lee Frost, Trustee of the Ralph Lee Frost Trust under Declaration of Trust dated December 14, 1990 ("Ralph Frost Trust") entered into IPA #1997-1, whereby the City acquired an Agricultural Lands Preservation Easement ("Preservation Easement") upon certain property owned by Ralph Frost Trust; WHEREAS, as part of the aforesaid transaction, Ralph Frost Trust reserved for future development a portion of the property having an area of 3.000 acres, more or less, such that the Preservation Easement does not encumber the reserved area; WHEREAS, on April 23, 1997, the City of Virginia Beach (the "City") and Irene T. Frost ("Irene Frost") entered into IPA #1997-3 whereby the City acquired a Preservation Easement upon certain properly owned by Irene Frost; WHEREAS, by deed recorded as Instrument Number 20100608000559720, the successor trustees of Ralph Frost Trust conveyed its land to the successor trustees of the Ralph Lee Frost Family Trust ("Family Trust") subject to the Preservation Easement; WHEREAS, by deed recorded as Instrument Number 20081016001206200, Irene Frost conveyed her land to Irene T. Frost, Trustee of the Irene T. Frost Trust dated December 14, 1990 ("Irene Frost Trust"), subject to the Preservation Easement; WHEREAS, the Family Trust and the Irene Frost Trust desire to exchange one area of land not encumbered by the Preservation Easement for another area of land which is to be encumbered by the Preservation Easement, as shown on the attached plat entitled "Exhibit showing Amended Easement Exception Site on A Portion of the Property of the Ralph Lee Frost Family Trustee I.N. 20100608000559720 M.B.144 P. 35 and the Irene T. Frost Trust I.N. 20081016001206200 M.B. 144 P. 35 for the City of Virginia Beach Agricultural Reserve Program Virginia Beach, Virginia", Scale: 1" = 60', dated November 22, 2013; WHEREAS, a portion of the land to be released from the Preservation Easement is on property owned by Irene Frost Trust and the remainder of land to be released from the Preservation Easement is on property owned by the Family Trust; 43 WHEREAS, pursuant to Section 11 of the Agricultural Lands Preservation Ordinance 44 (hereinafter "Ordinance"), a landowner may petition the City Council for the extinguishment of a 45 Preservation Easement in exchange for the conveyance to the City of a Preservation Easement 46 on a different portion of the landowner's property, under certain conditions set forth in the 47 Ordinance; and 48 WHEREAS, the Ordinance provides that the City Council shall approve such an exchange 49 if it makes certain findings enumerated in the Ordinance; and 50 51 WHEREAS, the City Council does hereby make such findings, to-wit: 52 53 (1) the acquisition of the proposed Preservation Easement in lieu of the existing 54 Preservation Easement does not adversely affect the City's interests in accomplishing the 55 purposes of the Ordinance; 56 57 (2) the proposed Preservation Easement area meets all of the eligibility requirements 58 set forth in Section 7 of the Ordinance; 59 60 (3) the land to be encumbered by the proposed Preservation Easement is of at least 61 equal fair market value, is of greater value as permanent open space, and of as nearly as 62 feasible equivalent usefulness and location for use as permanent open-space land as the 63 property on which the existing Preservation Easement is located; and 64 65 (4) the consideration for the acquisition of the new Preservation Easement consists 66 solely of the extinguishment of the existing Preservation Easement. 67 68 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 69 VIRGINIA BEACH: 70 71 That subject to the determination of the City Attorney that there are no defects in title to 72 the property to be placed under the Preservation Easement or other restrictions or encumbrances 73 thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, the 74 City Manager be, and hereby is, authorized and directed to execute the necessary documents 75 pursuant to which the City releases the existing Preservation Easement on a portion of the 76 properties, as shown on the aforesaid plat, and acquires, in exchange therefore, land greater in 77 area to be placed under the Preservation Easement, as shown on such plat. 78 79 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 80 , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0?- ?,.C?1 C (G? C;?`? ?/(,'GZ?i ???r?? Dept. of Agriculture City Attorney CA12773 X:\OID\REAL ESTATEWRP\Baum-Exchange\arpexchangeordin.doc R-1 January 16, 2014 0 ? ? a a CKWATER (50 R/W) w == B?-A ?u.s. 144 I N Y ?M845? \ r ? ? N < O N g i W ? N ? ?a=? ? w ?=?xn a o Z < oa $ ?W x W Z w Vl 0 W?CH?Z o?0 51? Oq S N ? K V 3 4 8 i ? z 75 a{y! ? 4! i? ? W J ? ? g m v ? = W V Lii ? X W ? F 2? N W F W ? ?u ?n? ??? W m m °?roo e 7Fj 0 N ° a; o ; ? a ; o a ? o , Q ? w 8 a m '? ?? J ?z m ? ? X U ? j ? xw.a W > W W iT _ / ? ?"'NN ?J<I z F R ? F 0. W ra?r ??.w aro Q V W W 6 ? a' ? ; . > M ?1 Q ^ ? O W ?' ? zo ?Nm ?N m s,' ? a K? C9 U' m c N ? mQ, r?i a? mo, Q ? Z ?? ?p mza ? ? O? ? aLL ?`w.: L`w d ?) 61? ?Agm <r"?i°? . ??7 U yojmWl? WMy?ti rv 'u I'I ? `,•, WN QQfn QQN n l oE y ° LLJ W IAJ j? F' ? J In J 4J O d ?i9.S.19 `r , Z m d W ? ? ? C w?S+ mIm UJ00 Q W? Q i? _ns J (n ? WOi R W M ? w N :. a?a,' 8 "" z ?RRO I ?y ? Qa c BLACKWA o ir ~ ? C ? z L" t ? a ? i? U ? p ? VI R ? O I r O ? Z Q 05 w° ? 11 ? Q- ? N O £ ^ T LL O 00 i ++ d' ? O `f Q O LL Z ? a ? ?.+ M ? N GJ 3 ? 00 ? 11L ? 00 Q QJ 0 = Z a L a C9 .? a ?? GJ M J y O. ? N O Ln a ? £ O ui +?+ Li. i-1*1 ( 0 L +? ; d Q ? Z i ? O Li V, z ? ??-?'--?.•_ ?-J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for up to 3 Years with Sweet Enchantments Bakery, LLC for City-Owned Property Known as Space #30 in the Virginia Beach Farmers Market MEETING DATE: January 28, 2014 ¦ Background: Sweet Enchantments Bakery, LLC ("Sweet Enchantments") would like to enter into a lease for Space #30 at the Virginia Beach Farmers Market from the City of Virginia Beach (the "City"). The Premises (the "Premises") consists of 250 square feet and will be utilized for the sale of gluten-free, dairy- free, organic baked goods and related items, and for no other purpose. ¦ Considerations: The term of the Lease is one (1) year with finro renewal options for a term of one (1) each, exercisable by mutual agreement of the parties. Sweet Enchantments has requested, and staff recommends, rent abatement for the month of February 2014 in consideration of the improvements it will make to the Premises at its own expense. The City has the right to terminate the lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see attached Summary of Terms. ¦ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ¦ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ¦ Recommendation: Approval ¦ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting DepartmentlAgency: Public Works/Facilities Management City Manager. .?? \lvbgov.com\DFS 1\Applications\CityLawProd\cycom32\W pdocs\D006\PO l7\00095542.DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 3 3 YEARS WITH SWEET ENCHANTMENTS BAKERY, 4 LLC FOR CITY-OWNED PROPERTY KNOWN AS 5 SPACE #30 IN THE VIRGINIA BEACH FARMERS 6 MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 9 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 10 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 11 12 WHEREAS, Sweet Enchantments Bakery, LLC ("Sweet Enchantments") would 13 like to enter into a lease with the City for Space #30 at the Farmers Market, consisting 14 of 250 square feet (the "Premises"); 15 16 WHEREAS, the Premises will be utilized for the sale of gluten-free, dairy-free, 17 organic baked goods and related items, and for no other purpose; and 18 19 WHEREAS, Sweet Enchantments has agreed to pay the City $250.00 per month 20 ($3,000 per year) for the use of the Premises for the duration of the lease term. 21 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for up to 3 years 26 between Sweet Enchantments and the City for the Premises, in accordance with the 27 Summary of Terms attached hereto, and such other terms, conditions or modifications 28 as may be acceptable to the City Manager and in a form deemed satisfactory by the 29 City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 32 12014. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM , City Attorney Public Wo s/Faciliti Management CA12768 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D008\P023\00104505.DOC R-1 January 13, 2014 SUMMARY OF TERMS LEASE FOR SPACE #30 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Sweet Enchantments Bakery, LLC PREMISES: Space #30, consisting of 250 sq. ft. TERM: Initial Term: February 1, 2014 - January 31, 2015 Option Term 1- February 1, 2015 - January 31, 2016 Option Term 2- February 1, 2016 - January 31, 2017 RENT: Rent of $250 per month ($3,000 per year) Rent shall be abated for the month of February 2014 allowing tenant time to make improvements. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for sale of gluten-free, dairy-free, organic baked goods and related items, and for no other purpose. . Maintain Premises, including heating and air conditioning units and/or heat pump units. . Payment of all assessed fees and taxes. . Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: . Maintain common areas of the Farmers Market and structural elements of the Premises. • Provide electrical service. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. • Lessee may terminate by giving ninety (90) days' advance written notice. \\vbgov.com\DFS 1 Wpplications\CityLawProd\cycom32\W pdocs\D008\P023\00104507.DOC LOCA'FIaN MAP. '?°?40 zso ? z a ?., ? j? 3 Organic Grocer 2? n?,? Z 100 9 3' 2? 0 1 20 t? ? I60 2? 1ual Hertiage Gtr. I 1T _ i 1 ?6 20 uNI.T' 3 0 ? . . 24 c?0 316 7 3 ? 24 17 g39 24 /40 960 24 16 3 aa 7 3 17 24 ( gg? 939 V?GINIA BEA.Cfl FA?RME'R-S - T 96Q ?939 /24 ? 7 317\ ? ?6p1 n? L \ •\?, so y Picnic 30 2400, 8 ? 29 jp% 30 8 6 6O7 20 10 3fl / • Z Q 9 / 31 1090 , 40 24 35 . 1178 \,\// y 15 320 40 35 4 8 99 5 ? 5 4 320 40 35 15 t y0 /? 2a ? 3$ `?.28 ? cuara Nouse 4 /? 5 5 42 5q. Ft. / ~? ,I a 0 r ? T Nl NNAl3SO _ u r I- I I - ? ?II Nl 31OOiW ? Q Q ti a 0 Z u, ? `o ui n? ?. ? 2 c ? ry ?-- ? .:.'/ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for five years or less with Vetshouse, Incorporated for the use of land and a 2,024 square foot (approx.) City-owned residence located at 1508 Ohio Avenue. MEETING DATE: January 28, 2014 ¦ Background: Vetshouse Incorporated ("Vetshouse") proposes to lease land and a 2,024 square foot (approx..) residence located at 1508 Ohio Avenue (the "Property") from the City of Virginia Beach (the "City"). The Property was acquired by the City through the APZ-1 Acquisition Program in September 2012 for $220,000. The dwelling unit was in good condition and the APZ-1 Disposition Committee recommended that it be utilized on an interim basis by a non-profit organization that could benefit from the favorable condition of the Property, and the City could retain possession while other properties continue to transition in this neighborhood (Oceana Gardens). A Request for Proposals ("RFP") was advertised for two consecutive Sundays in The Virginian-Pilot as well as on the City of Virginia Beach website. The RFP required that submitting bidders would need to perForm repairs/improvements for the Property, including code compliance and noise attenuation measures. The RFP was limited to non-profit organizations. Vetshouse submitted a responsive bid to lease the Property for the purpose of providing temporary housing and life-skills training to homeless female veterans. Only four residents shall be permitted at any given time. Vetshouse proposes to lease the Property for a sum of $300 per year and will comply with all renovation requirements within the first year of the lease. Vetshouse leases another City-owned property located at 200 N. Oceana Boulevard pursuant to Ordinance 2998A, adopted August 28, 2007, and ORD-3243A, adopted June 26, 2012. ¦ Considerations: This lease would be for a term of one (1) year with four (4) one-year renewal option perivds. ¦ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ¦ Alternatives: Approve terms of the Lease Agreement as presented, alter terms of the proposed Lease Agreement or deny leasing the Property. ¦ Revenue restriction: The City funded the acquisition of the Properties through the partnership with the Commonwealth of Virginia. The proceeds from the lease of the Property in the amount of $300/year will be received and 50% of the amount will be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and 50% will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $150/year retained by the City will be available for BRAC program acquisitions in future years, per agreement with the Commonwealth. ¦ Recommendations: Approval ¦ Attachments:Ordinance Summary of Terms Location map Recommended Action: Approval Submitting Dep m ency: Public Works / Facilities Management Office City Manager: ' a7C %--? 1 AN ORDlNANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FNE 3 YEARS OR LESS WITH VETSHOUSE, 4 INCORPORATED FOR THE USE OF LAND AND A 5 2,024 SQUARE FOOT (APPROX.) CITY-OWNED 6 RESIDENCE LOCATED AT 1508 OHIO AVENUE. . '7 8 WHEREAS, the City af Virginia Beach (the "City? is the owner of that 9 certain parcel of land and 2,024 square foot (approx..) residence loca#ed at 1508 10 Ohio Avenue and further described Qn Exhibit A attached hereto (the "Property"); 11 12 WHEREAS, Vetshouse, lncorporated ("Vetshouse") has proposed leasing 13 tfie Property in order to provide transitional housing and life skills training for 14 homeless female veterans; 15 16 WHEREAS, Vetshause has proposed to lease the Property for $300.00 17 per year; 18 19 WHEREAS, Vetshouse will perform afl required renovations ta ensure that 20 the Property is compliant with City Codes and fully naise attenuated, and 21 Vetshouse wilf perform all required maintenance during the term of the lease; 22 23 WHEREAS, the Cify funded the acquisition of the Property through a 24 partnership with the Commonwealth of Virginia (the "Cammonwealth") with each 25 party contributing fifty percent (50%) of the funds; 26 27 WHEREAS, Vetshouse would like to enter inta a formal lease agreement 28 with the City for the Property in accordance with the Summary of Terms attached 29 hereto as Exhibit B and made a part hereof; and 30 31 THEREF4RE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 32 OF VlRGINIA BEACH, VIRGINEA: 33 34 That the City Manager is hereby authorized to execute a(ease for a term 35 of five years or less, between Vetshouse, lncorporated and the City, for the 36 Property in accordance with the Summary of Terms attached hereto and made a 37 part hereof, and such other terms, conditions or modifications as may be 38 acceptable to the City Manager and in a form deemed satisfactory by the City 39 Attorney. 40 41 Further, that #he revenue from the lease of the Property in the amount of 42 $300/year shall be received and fifty (50) percent of this amount shall be 43 appropriated to CIP #9-060, Oceana Interfacility Traffic Area Conformity and 44 Acquisition, and fifty (50) percent shall be deposited for future payment by the 45 City Manager to refund the Commonwealth's portion in accordance with the grant 46 agreement. A manual encumbrance will be established to ensure that the 47 $150/year retained by the City will be available for BRAC program acquisitions in 48 future years per the agreement with the Commonwealth. 49 50 Aclopted by the Council of the City of Virginia Beach, Virginia on the 51 day ofi , 2014. APPROVED AS TO LEGAL SUFF1ClENCY AND FORM 4it .rney APPROVED AS TO CONTENT PW/Facilitie anageme t APPROVED AS TO CONTENT ???..?? Management Services -? CA12765 1128/14 R-1 \\vbgov.comklfs 1 \applicati ons\citylawprodlcycom32\wpdocs\,d0111p0171001 Q 1004.doc EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia and being known numbered and designated as Lot 42A, as shown on that certain plat entitled, "Resubdivision of Property of Lots 42 and 43, HILLCREST," which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 253, at page 83 and 84. IT BEING the same property conveyed to the City of Virginia Beach by Deed dated September 18, 2012 from John Galliford Williamson a/k/a John Phillip Galliford Williamson and Lana Jean Williamson, husband and wife, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20120927001120160. EXHIBIT B SUMMARY OF TERMS LESSOR: City of Virginia Beach LESSEE: Vetshouse, Incorporated PREMISES: 1508 Ohio Avenue (2,024 square foot residence and 6,250 sq. ft. lot associated therewith). TERM: February 1, 2014, through January 31, 2015, with 4 one-year renewal options RENT: $300.00 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: . Will use the Premises for a Vetshouse residential facility for female veterans and for no other purpose. • At no time shall more than 4 people reside in the dwelling unit. . Will sound-attenuate premises and perform all other renovations required for compliance with City codes at Lessee's expense. • Lessee shall not modify the Premises without prior approval from City. . Will keep, repair, and maintain the Premises at its expense. . Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. Lessee shall provide a certificate evidencing the existence of such insurance. . Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. TERMINATION: The City may terminate the Lease at any time without cause. ? yH17 ,y 44?tiw?•?=?,: iltY? ?r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Utility Service Agreement between the City of Virginia Beach and the City of Chesapeake for the Provision of Sewer and Water Services to Charlestown Shores MEETING DATE: January28, 2014 ¦ Background: Centerville II, LLC ("Developer") owns and is developing a residential development containing approximately 17.365 acres, to be known as Charlestown Shores, located within the boundaries of the City of Chesapeake ("Chesapeake"), near the boundary befinreen Chesapeake and the City of Virginia Beach ("Virginia Beach"). ¦ Chesapeake desires for the lots located in Charlestown Shores to be served by municipal sewer and water, but does not have facilities available to provide said services. The Developer intends to complete design and installation of the necessary sewage collection facilities and potable water distribution facilities (the "Facilities") within Charlestown Shores, and intends to dedicate the same to Virginia Beach. ¦ Virginia Beach desires to cooperate with Chesapeake and enter into a Utility Service Agreement ("Agreement") to provide necessary services, based on the conditions and restrictions set forth in the Summary of Terms, attached to the Ordinance as Exhibit A. ¦ Considerations: Virginia Beach and Chesapeake would agree that upon acceptance of the Facilities by Virginia Beach, the Facilities would become a part of the Virginia Beach Public Utilities System, and Virginia Beach would have the right to provide water services and sewer services and collect the related fees. Although infrequent, similar situations have previously occurred on the City's common border with both Chesapeake and Norfolk, and this has been the way in which the three cities have traditionally addressed such situations. ¦ Public Information: Advertisement of City Council Agenda. ¦ Alternatives: Approve the terms of the Agreement as presented, modify the terms of the Agreement, or decline to enter into the Agreement. ¦ Recommendation: Approval. ¦ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submittin9 DeP ency: Public Utilities a?/?( G? ?fi7 City Manager: -t)c- N\ ltl 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A UTILITY SERVICE 3 AGREEMENT BETWEEN THE CITY OF VIRGINIA 4 BEACH AND THE CITY OF CHESAPEAKE FOR 5 THE PROVISION OF SEWER AND WATER 6 SERVICES TO CHARLESTOWN SHORES 7 8 WHEREAS, Centerville II (the "Developer") owns and is developing a residential 9 development containing approximately 17.365 acres, to be known as Charlestown 10 Shores located within the boundaries of the City of Chesapeake ("Chesapeake"), near 11 the boundary between Chesapeake and the City of Virginia Beach ("Virginia Beach"); 12 13 WHEREAS, Chesapeake desires for the lots located in Charlestown Shores to 14 be served by municipal sewer and water, but does not have facilities available to 15 provide said services; 16 17 WHEREAS, Virginia Beach desires to cooperate with Chesapeake and enter into 18 a Utility Service Agreement to provide necessary services, based on the terms and 19 conditions set forth in the Summary of Terms, attached hereto as Exhibit A: 20 21 WHEREAS, upon completion of design and installation of the necessary sewage 22 collection facilities and potable water distribution facilities (the "Facilities") within 23 Charlestown Shores, the Developer will dedicate the same to Virginia Beach; and 24 25 WHEREAS, the Facilities will become a part of the Virginia Beach Public Utilities 26 System, and Virginia Beach will have the right to provide water services and sewer 27 services and collect the related fees. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute a Utility Service 33 Agreement between the City of Virginia Beach and the City of Chesapeake governing 34 the terms and conditions of the operation and maintenance of the Facilities to service 35 Charlestown Shores, located within the City of Chesapeake, in accordance with the 36 Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such 37 other terms, conditions or modifications as may be acceptable to the City Manager and 38 in a form deemed satisfactory by the City Attorney. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 41 day of 12014. APPROVED AS TO CONTENT: ; XV ? ?- Dept. of Public Utilities CA12758 \\vbgov.com\disl \applications\citylawprod\cycom32\wpdocs\d011\p012\00033726.doc R-1 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney January 17, 2014 EXHIBIT A SUMMARY OF TERMS UTILITY SERVICE AGREEMENT FOR CHARLESTOWN SHORES (CHESAPEAKE, VIRGINIA PARTIES: City of Virginia Beach ("Virginia Beach"), City of Chesapeake ("Chesapeake"), and Centerville II, LLC ("Developer") DEVELOPMENT: Approximately 17.365 acres to be developed into a residential community to be known as Charlestown Shores located within the boundaries of Chesapeake near the boundary of Chesapeake and Virginia Beach FACILITIES AND SERVICES: Virginia Beach to own sewage collection facilities and potable water distribution facilities ("Facilities") to provide water and sewer services to the Development RIGHTS AND RESPONSIBILITIES OF CHESAPEAKE: . Allow Virginia Beach City Code governing water and sewer services and fees to be in full force and effect in the Development. . Expedite any permits needed and apply the same criteria thereto as if the Chesapeake Department of Public Utilities were the applicant. RIGHTS AND RESPONSIBILITIES OF VIRGINIA BEACH: • Facilities shall become a part of the Virginia Beach Public Utilities System. • Shall have the right to provide water service and sewer service to the Development and collect from the residents the normal and standard fees. • Shall have perpetual access within Chesapeake's streets, easements, and rights-of-way as necessary for maintenance of the Facilities. RIGHTS AND RESPONSIBILITIES OF DEVELOPER: • Shall be responsible for obtaining compliance with all applicable ordinances pertaining to the Development. • Shall design and install the Facilities for the Development in accordance with the standards and specification of Virginia Beach Dept. of Public Utilities. • Shall dedicate the Facilities to Virginia Beach upon completion. a Q ? z 0 a V O J z OL z 0 ? ? - ? ? ? ? ? z 0 ??... Cf) ? .?.. ? m CO w Lr cr 0 0 _ U. ? ? 0 Cf) w J ? ? ? ? ? ? 0 OL o< U) w ? w. ? 1 I? i ?? I I ? /II Y • O ? ,/ a ? x ? c? I • & P ? ? .? ' f 9 - ? ? ? \ k . _? 5 ? ?,? \ \?\\??.? ? \ '? R ' > j ? u \ \ ? vY? ?a ?z \ I x? ? ??J' ?r • ?? ? , - ? ? .?? >?M? k"?''t? ??? • \ ? l 1\Y,? r ?r i i t o? • a ?° ? rv?°` `? er+a? `?n. . _ ? _ '`?`+ tP ?. ' X? ?y e' `MMOpdY ?WE b r/ / ? ? -- - ? ? r / % a / i I, i,% ? M II H° mF? o?f"?mm a oo?=p=? ?. ' a a a h a? n ? - ?,uwr .s me =_o? 3UBDMSION PLAN ° " •, `? ., e+r` ssoaa??. I• ? ? ° ? 5 ? ? •? , N .E ccROOUCnor+ w OF "IICLE OR IN PARi OR TNE ? m m CHARLESfOWN SHORES SUBDMMN ,,Furaru ar eNr oerai ? ? > ? - ??'``?"`d` .= ocscrv xnr ?ar e[ MaoE 0 5 u `?,`" MfiroN E5?1&SS waliFN rAxgM I» A ' CHESl+PE.4KE VIflGU&A `?tzp???', • raou nx INRT+Famcm ar lsw? srtE rvo oo?. o? , IMENi 0.550CARS. INC. EV1?0 I II ITEM: An Ordinance to Endorse a Tourism Project and Authorize Other Actions Consistent with the State Tourism Gap Financing Program MEETING DATE: January 28, 2014 ¦ Background: On March 13, 2012, the City Council created a Tourism Zone and a process (the Policy ) for evaluation of applications to utilize the Virginia Tourism Gap Financing Program authorized by the General Assembly in 2011 and codified as Virginia Code § 58.1-3851.1. The Historic Cavalier Hotel and Cavalier Oceanfront Hotel restoration and development (the "Projects") was the subject of an ordinance adopted on July 3, 2013. Among other things, the ordinance approved a term sheet, and the term sheet included the City's support for a future application for the Projects to participate in the Gap Financing Program. The developer, Cavalier Associates, LLC, has submitted the application and financial information to the City. The amount of financing requested is $18,000,000. ¦ Considerations: After submission of the application, City staff undertook a review of the applicable facts contained therein. Based upon the representations of Cavalier Associates, the Projects: (a) include a minimum capital investment of $30 million; (b) when complete, will provide taxable sales of at least $1 million annually; (c) when complete, will increase year-round employment; (d) fill a void identified in the City's Resort Area Strategic Action Plan; (e) are located in the City's Tourism Zone; and (f) has submitted proof of the need for gap financing to the satisfaction of the City's Director of Finance. The attached ordinance is required prior to forwarding the application of Cavalier Associates to the Virginia Tourism Corporation (the "VTC"). Upon approval by the VTC, the City and the City of Virginia Beach Development Authority are required to enter into a performance agreement. A summary of the material terms of such agreement is attached. ¦ Public Information: Public information will be provided through the normal Council agenda process. The Council was briefed in Informal Session on December 10, 2013, and a public hearing was conducted at Formal Session on January 14tn ¦ Attachments: Ordinance; City Council Policy: "Guidelines for Tourism Project Gap Financing Program;" Map; Tourism Development Plan; and Summary of Terms of the Performance Agreement. Recommended ction: Approval Submitting D pa ncy: SGA Office and Finance Department City Manager: ? ,_..., 1 AN ORDINANCE TO ENDORSE A 2 PROPOSED TOURISM PROJECT AND 3 AUTHORIZE OTHER ACTIONS 4 CONSISTENT WITH THE STATE TOURISM 5 GAP FINANCING PROGRAM 6 7 WHEREAS, Virginia Code § 58.1-3851.1 (the "Statute") provides a mechanism 8 by which a tourism project may receive certain revenue streams to pay "gap financing" 9 as that term is defined by the Statute; and 10 11 WHEREAS, on December 2, 2008, the City Council (the "Council") amended the 12 City Comprehensive Plan to incorporate the Resort Area Strategic Action Plan (the 13 "RASAP"); and 14 15 WHEREAS, the RASAP identifies a need for transitioning older hotels along the 16 oceanfront to higher quality accommodations and building inventory that promotes year- 17 round visitation; and 18 19 WHEREAS, on March 13, 2012, the Council adopted an ordinance creating a 20 Tourism Zone (the "Zone") and on the same date adopted a resolution approving a 21 Council Policy, "Guidelines for the Tourism Project Gap Financing Program" (the 22 "Policy"); and 23 24 WHEREAS, the entitlement to revenues established by the Statute does not 25 create debt of the State, the City, or the City of Virginia Beach Development Authority 26 ("VBDA"); and 27 28 WHEREAS, the City has received an application from Cavalier Associates, LLC, 29 (the "Developer") requesting financing assistance pursuant to the Statute and the 30 Policy; and 31 32 WHEREAS, the application includes two separate projects: the Historic Cavalier 33 Hotel; and the Oceanfront Cavalier Hotel (collectively, the "Projects"), which collectively 34 request assistance in a funding gap of $18,000,000, which is 12.4% of the projected 35 cost of the Projects; and 36 37 WHEREAS, the Projects are located within the Zone; and 38 39 WHEREAS, the premises of the Projects are described more particularly in the 40 map attached hereto as Exhibit A; and 41 42 WHEREAS, the City staff has reviewed the application from the Developer and 43 finds the Projects to have the following attributes described in Section 5.2 of the Policy: 44 (a) a minimum capital investment of $30 million; (b) when complete, will provide taxable 45 sales of at least $1 million annually; (c) when complete, will increase year-round 46 employment; (d) fills a void identified in the City's Resort Area Strategic Action Plan; (e) 1 47 is located in the City's Tourism Zone; and (fl has submitted proof of the need for gap 48 financing to the satisfaction of the City's Director of Finance; and 49 50 WHEREAS, the City has submitted to the Virginia Tourism Corporation a 51 development plan (the "Tourism Development Plan") as required by the Statute, a copy 52 of such plan is attached hereto as Exhibit B; and 53 54 WHEREAS, to meet the requirements of the Statute, the City and the VBDA will 55 be required to execute a performance agreement, a summary of the material terms is 56 attached hereto as Exhibit C. 57 58 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 59 VIRGINIA BEACH, VIRGINIA, THAT: 60 61 1. The Council endorses the Historic Cavalier Hotel and the Oceanfront Cavalier 62 Hotel as projects for purposes of the Statute, and accordingly, the Council finds that the 63 Projects meet a void identified in the City's RASAP and described in more particularity 64 in the Tourism Development Plan; 65 66 2. Subject to approval and certification by the Commonwealth of Virginia and 67 conditioned upon the execution of a performance agreement between the Developer, 68 the City, and the VBDA, the Council hereby designates to the Project and directs, 69 subject to appropriation of such funds to the VBDA, an amount equal to the revenues 70 generated by one percent local sales and use tax generated by transactions taking 71 place on the premises of the Projects be applied to the payment of the principal and 72 interest on the qualified gap financing for the Projects for the duration and the purposes 73 set forth the Statute; 74 75 3. Upon collection and quarterly remittance of revenues by the Commonwealth and 76 the access fee, as that term is defined by the Statute, by the Developer of the Projects, 77 the City will remit such amounts to the VBDA as required by the Statute; and 78 79 4. The City Manager is authorized and directed to take actions consistent with the 80 intent of this ordinance including, without limitation, execution of a performance 81 agreement between the Developer, the City, and the VBDA. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: ? / rategic Growth Area Office APPROVED AS TO CONTENT: , Finance Department 2 APPROVED AS TO LEGAL SUFFICIENCY: ` ?Offi he torney CA12851 R-1 January 7, 2014 -<t _-}- ._? ? X s a? wQ m? Q° Z C > N ? ? V ? ? ? U C (a C L.L Q (t? (? N C; ca - L ? N Q a' ? u CU n' ^ L .E 4I 4 • \?/ ? `1 `? ? r\1 / ? ` Exhibit B Cavalier Hotel Tourism Development Plan Section 1: Proposed Project 1-A: Briefly describe the overall scope and concept of your proposed project The project involves the preservation of the historic Cavafier Hotel, terrace lawn, and Cavalier Drive Motor Court. Each will be placed on the Historic Registry. This architectural landmark will be transformed into a 90 - 100 room 5 star hotel and will be complemented with a new 300 room contemporary hotel across Atlantic Avenue on the oceanfront. Both hotels will offer amenities to guests. Amenities include a luxury spa/wellness center, a destination restaurant, a hunt room lounge, new indoor and outdoor pools, recreation facilities, a linear park, gardens, and a parking facility. The contemporary hotel will offer 90 luxury suites 1-B: What perceived VOID in your local tourism economy will this proposed project fill? According to the marketing plan (Resort Area Strategic Action Plan, aka RASAP), there is a need for transitioning older hotels along the oceanfront to higher quality accommodations. Currently, the Cavalier on the Hill (historic hotel) is in need of major renovations. Many rooms are uninhabitable. The preservation would transform the hotel into a fully functioning 5 star hotel with amenities; moreover the current oceanfront hotel is a low-quality hotel. The oceanfront hotel would be replaced with a high quality hotel accommodating luxury suites. 1-C: Will this proposed project fit into an existing Tourism Zone? Yes 1-D: The proposed project will accomplish the following: Projected jobs created by this project = 220 year round and 330 seasonal (total peak 550) Projected local tax revenue =$17,950,102 (over ten years) 2-A: What attributes best describe your area: Nature/Outdoor Recreation: Scenic drives, state parks, hiking, camping, lakes, rivers, beaches, Chesapeake Bay, wildlife watching, motorsports, road cycling, jet aircraft observation, Japanese and SGA Office 1/9/14 z conservation gardens (opens 2014), disability parks, public playground parks, dog parks, oceanfront boardwalk walking, agricultural - Farmer's Markets and "Pick your Own." History/Heritage: Revolutionary, civil war, civil rights, Virginia lndian, African American, European American, War of 1812, Naval operations, and American colonization Epicurean/Experiential: Central business district, locally owned restaurants, ethnic foods, resort, fine dining, spa services, large convention center, and Edgar Casey Foundation. Sport/Recreation: Boating, sailing, canoeing, kayaking, fishing (fresh and salt), golf, hunting, biking, road cycling, indoor sky diving (coming 2014), field house sport activities, soccer fields, Sportsplex stadium, tennis courts, sports tournaments, skateboarding, skydiving, paint ball, jet skiing, marathons, aerial adventure park (opens 2014), and surfing Arts/Culture: Museums - marine science, fine art and aviation, historic homes, and colleges Entertainment/Amusement: Cultural, music, wine, patriotic, art and craft festivals, a water park, go carting, surfing championships, air shows, shopping malls, street entertainment, firework displays, amphitheater and fine art concerts. Do you offer seasonal or year-round experiences: Both Do you have a peak season: Summer 2-B: What are your major lures and drivers that attract tourists to your area? Clean wide beaches, family friendliness, low crime, peaceful sandy shores, a variety of entertainment and recreational venues, museums, golfing, surfing, water sports, fishing, shopping malls, historic homes and lighthouse, night life, oceanfront hotels, good weather, regional attractions, wildlife refuges, state parks, shopping malls, and campgrounds. 2-C: What is your unique factor? What sets you apart from the competition? The City has a: • Historical hotel (Cavalier on the Hill) where Presidents, movie stars, and other dignitaries stayed • Historical marker indicating the place where the first Europeans landed in America before settling in Jamestown • Historic lighthouse authorized by President George Washington as one of the first federal government public infrastructures built • Marine science museum featuring a glass aquarium walk-through tunnel and a large variety of aquatic animals and interactive exhibits SGA Office 1/9/14 3 • Psychic center featuring Edgar Cayce's (the Sleeping Prophet) lifetime work • 20,000 seat outdoor amphitheater featuring top entertainment acts • Military air museum with one of the largest WWI and WWII aircraft collections • Naval master jet base (only one on the east coast) for jet observations • Collection of historic homes for touring • An indoor skydiving facility (opens in 2014) 2-D: Who is your major competition? Myrtle Beach, SC and Ocean City, MD 3-A: Gauge your tourism infrastructure How would you rate your transportation? (excellent, average, or weak) Interstates: Weak Secondary roads: Average Signage: Average Bus travel: Average Train travel: Average Air travel: Average Waterways: Excellent Taxi service: Average Bike paths: Average How would you rate your environment? (strong, average, or weak) Air quality: Strong Noise levels: Average Traffic: Average Landfills: Strong Wetlands: Strong Public health: Average How would you rate your public services? (strong, average, or weak) Police force: Strong Healthcare: Average Public utilities: Strong Waste management: Strong SGA Office 1/9/14 4 Rescue support: Strong Communications: Strong Public parks/recreation: Strong 3-B: Gauge your tourism economy and business community How would you rate your accommodations? (strong, average, or weak) B&Bs: Weak Inns: Average Hotels: Average Resorts: Average Rental property: Average Cottages: Strong Cabins: Weak Campsites: Average How would you rate your facilities? (strong, average, or weak) Universities: Average Performing arts: Strong Outdoor parks: Strong Convention facilities: Strong Sporting venues: Strong Event spaces: Strong How would you rate your attractions? (strong, average, or weak) Shopping: Average Dining: Average Historic: Strong Museums/Aquarium: Strong Wineries: Weak Music festivals: Strong Zoos/animal parks: Weak Art galleries: Weak Nature trails & facilities: Average 3-B: Gauge your local social and cultural assets SGA Office 1/9/14 5 How would you describe your heritage and culture? (strong, average, or weak) Multi-cultural diversity: Average Geography: Strong Architecture: Average Historical improvements: Strong Language: Average Material culture: Average Aesthetics: Average Religious diversity: Average How would you describe your local flavor? (strong, average, or weak) Visitor friendly: Strong Civic-mindedness: Average Respect for diversity: Strong Political climate: Average Unity among civic groups: Average Local sports team support: Average University/college town: Weak How would you rate your integrity of the area? (strong, average, or weak) Safety: Strong Cleanliness: Strong Friendliness: Strong Stability: Average Quality of life: Strong 3-D: Gauge your top 3 strengths, weaknesses, opportunities and threats Strengths Pristine beaches Family friendly environment Safe community Threats Military oriented economy Lack of high-quality hotels Continual beach sand replenishment Weaknesses Not an international tourism destination Interstate congestion Year-round tourism Opportunities Youth retention High technology job creation Large entertainment venues SGA Office 1/9/14 4-A: Existing market plan submission Resort Area Strategic Action Plan (RASAP) 4-13: Your marketing plan will have the following affects: Visitation increased by 50% (undetermined) Tourist expenditures increased by 60% (undetermined) Combined development and private sector investments of $10,000,000,000 (undetermined) Visitor satisfaction increased by 33% (estimate) Number of partnership participants in your marketing plan is undetermined SGA Office 1/9/14 EXHIBIT C SUMMARY OF TERMS PERFORMANCE AGREEMENT FOR (1) Historic Cavalier Hotel (2) Oceanfront Cavalier Hotel PARTIES: City of Virginia Beach City of Virginia Beach Development Authority Cavalier Associates, LLC TERM: Commencing with the signing of the agreement, until the "gap financing" is paid in full. However, the Performance Payments, as described in the Agreement, will not commence until the Project has transactions that are subject to state sales and use tax. STATUTORY AUTHORITY Virginia Code § 58.1-3851.1 governs the Virginia Gap Financing Program, and all requirements set forth in the Performance Agreement will be in conformity with this statute. RECOURSE/ DEBT The entitlement to certain revenues authorized by § 58-3851.1 does not create debt of the City, the VBDA, or the Commonwealth of Virginia (the "State"). Additionally, the performance agreement will affirmatively state that there is no recourse of the "gap financing" against the City, the VBDA, or the State. PERFORMANCE PAYMENT: If the Project is approved by the Virginia Tourism Corporation and certified by the State Comptroller as qualifying for such payments, the Agreement shall provide "Performance Payments" from the State, the City, and the Project. Each Performance Payment shall be equal to the revenue generated by one percent of the sales generated on the premises of the Project. The amount of the payments shall be provided quarterly based on an amount certified by the Virginia Tax Commissioner. METHOD OF PAYMENT (STATE): After the amount is certified by the Tax Commissioner, the State portion is remitted from the State Comptroller to the City. The City remits this amount to the Development Authority. METHOD OF PAYMENT (CITY): After the amount is certified by the Tax Commissioner, the City portion is remitted to the Development Authority. METHOD OF PAYMENT ACCESS FEE: The Developer is responsible for an "access fee" that is equal to the amount certified quarterly by the Tax Commissioner. The access fee is remitted from the Developer to the City. The City remits this amount to the Development Authority. RESTRICTION ON USE OF FUNDS: The Development Authority sends quarterly payments directly to the financial institution in furtherance of the payment of the gap financing. However, no payment shall be sent until the Development Authority has all three portions attributable to the previous quarter. The only permitted use of the Performance Payments is for principal and interest on the "gap financing." The amount of the gap financing is $18,000,000 or 12.4% of the total project costs. In the event that the total amount of the Payments exceeds any annual debt service on the qualified gap financing, such excess shall be paid to the principal of the loan until the qualified gap financing is paid in full. ???? • City Council Policy ? Title: Guidelines for the Tourism Project Gap Financing Program Index Number: Date of Adoption: 3/13/2012 Date of Revision: Page l. of 6 1.0 Eurnose and Need To transform the Virginia Beach Resort from a seasonal venue to a year- round destination, private deve.lopment will be necessary; however, some potential tourism projects have experienced difficulty obtaining tl.ie financing necessary to make tkae projects a reality. A means for bridging the finaxaczng gap was established by the General Assembly, codified as § 58.1-3851.1 of the Virginia Code. This program provides additional funding - in the form of cash flows - once projects are operational that may be directed to closing a financing gap betvveen the debt and equity a developer currently has and the total financing required by a tourism project. This program may generaliy be referred to as "Tourism Project Gap Financing Program" or, as hereinafter referred to as, the "Program: ' 2.0 Policv Statement The purpose of this policy is: a) To provide guidance to City staff for the evaluation of proposed tourism projects that seek to utilize the Program; b} To signal to 1he development community the types of tourism projects that would be eligible for the Program and the variaus steps required for fina1 approval; and c) To infozm the broader coxnmunity of the public puxpose advanced by the Program. Title: Adoption Guidelines for the Tourism Development Financing Program Index Number: Date of Adoption: 3/13/2012 FDate of Revision: Page 2 af 6 ons 3.0 Definiti 3.1 Gap Financing - debt finaxxcing to compensate for a shortfall in project funding between the expected deve]opment costs of an authorized towrism project and the debt and equzty capital provided by the developer of the project. Gap fmancing shall not exceed 20% of the total debt and equity required for a touriszn proj ect. 3.2 Ferformance Agreement - an agreement between the developer and development authority. The Performance Agreement shall aff'umatively state that the Agreement does not create debt of the State or tlle City. The agreement has three fun.ctions. First, the Performance Agreement requires the developeir to impose an "access fee" in the amount of 1% of all transactions occurring on the project premises. Second, the Performance Agreement establishes minimum performance requirements for the tourism project including capital inveshnent, new jobs, or other measureable criteria. Third, the Performance Agreexnent sets forth the payment of the revenue streams in the amounts and for the puzposes provided by § 581-3851.1 of the Virginia Code. 3.3 Tourism Development Financing Program - a program provided by the General Assembly allowing state taac, local ta7c, and private developer "access fee" revenue streams to be directed to gap financing. This Program does not allow the creation of new state or local debt either through debt issuance or loan guarmtee(s). 3.4 Tourism Marketing Plan - a strategic pIan adopted by the City Council and required by Virginia Tourism Authority, which describes fihe City's action plan for tourism related development. 3.5 Tourism Zone - a zone designated by the City Council to encourage tourism related economic activities as provided by § 58.1-3851 of the Virginia Code. 3.6 Qualifying Tourism Project - a project that fills a void identified by the Tourism Developznent Plan, is located in the Tourism Zone, meets the approval of City staff based on the evaluation factors identified in this policy, has been endarsed, by ordinance by the City Council, has been approved by the Virginia Tourism Authority, and has been certif ed by the State Comptroller as qualifying for tt?e entitlement to tax revenues authorized by § 58.1-3851.1 ofthe Virginia Code. Title: Adoption Guidelines for the Tonrism Deveiopment Financing Pragram Indeg Number: Date of Adoption: 3/13/2012 Fate of Revision: Page 3 of b 4.0 How the Program Works 41 Debt Responsibiliiy. The Program does nat create State or City Debt. 4? Revenue Flows. The amount of revenue is keyed to one cent of the sales and use taxes generated on the tourism project preznzses. Tkus amount i.s provided froz» the Taac Commissioner on a quarterly basis. The amount of tha local tax portion and the "access fee" are equal to the amount provided by the Tax Comrnissioner. After the completion of aIl steps set £orth herein, the flow of revenues is as follows: a) State Sa1es Taxes (certified by the Ta.x Commissioner) 4 State Comptroller remits these revenues to the City 4 City reznits to the Developzn.ent Authority 4 Development Authority, puzsuant to the Performance Agreenaent, pays to the Gap Financing. b} Local Taxes (in an amount equal to the amount certified by the Tax Commissioner) 4 City remits to the Development Authority 4 Development Authoriry, pursuant to the Perfoxnaaxace Agreeiment, pays to the Gap Financing. c} "Access Fee" (imposed by project developer and memorialized in the Performance Agreement; in an anaount equal to the amount certified by the Tax Commissioner) 4 Developer reznits to the City -l City remits to the Develogment Authority 4 Development Authority, pursuant to #he Performance Agreement, pays to the Gap Financing. 43 Prerequisites. Section 58.1-3851.1 of the Virginia Code requires the following prerequisites: a) The City Council has to adopt a Tourism Markering Plan. The Tourism Marketing Plan provides a description of the types of tourism projects the City desires as a matter of sixategic priority. A Qualifyin.g Tourism Project rn.ust fill a void identified by the Tourism Marketing Plan. b) The City Council had to adopt a Tourism Zone. A Qualifying Tourism Project must be lacated 'zn the Tourisrn Zane. c) To qualify for the Program, the project developer must demonstrate a shortfall in project funding between tkxe expected development costs of the proposed touzism project and the debt and equity capital provided by the developer of the project. Title: Adoption Guidelines for the Tourism Development Financing Program Index Number: Date of Adoption: 3/13/2412 FDate of Revision: Page 4 of 6 This shortfall may not exceed 20% of the total project cflsts_ Proof of such shortfall must be demonstrated in writing by a financial institution and meet the satisfac#ion of the City's Director of Finance. If this writing contains confidential infarmation, it should be so marked for putposes of the Freedona of InfozxYZation Act_ 5.0 Process 5.1 Application - Developers seeking to utilize the Pro.gxam sha11 submit an applicata.on to the City of Virginia Beach Strategic Growth Area Office. • The application will include project description, conceptuai design, geographic parcel identification number (GPIlV), anticipated economic irnpact, potential spin-off business synergy, effect upon tourism, competitive venues, risk factors, any Virginia Tourism Authority fees, as applicable, and potential remedaes for ri sk. • The appli.cation must meet the three requirements set forth in subsection 43, supra. 5.2 Evaluation - Each application will be reviewed by a staff revi.ew comznittee. The review wi11 determiaae whethez the project: a) Has a minimum capitai investment of $30 million; b) Will provide ta.xable sales in the amount of at Ieast $ 1 miliion per year; c) Will increase year-round employbnent; d) Fills a void in the Tourism Marketing Plan; e} Is located in the Tourism Zone; fl The proof of the need for C'Tap Financing meets the approval of the City's Directar of Finance; g) Does not requixe a prokxibitive amount of City investment, including roadvaays, parlang, and other infrastructure. 5.3 Brzeftng - After City staff have reviewed tlae application, a representative from the Strategic Growth Area Office or other related office will provide a briefing to the City Council. At this briefing, the Sta.ff will require infonnal direction as to whether there is preliminary support for the proposed tourism project. If there is support by the City Council, Sta.ff will provide a sirnilar briefing to the Development Authority. Title: Adoption Guidelines for the Tourism Development Financing Program Index Nunaber: Date of Adoption: 3/1312012 FDate of Revision: Page 5 of 6 5.4 Development of a Performance Ab eement - After preliminary approval by the City Council and the Development Autharity, Staff and the tourism project developer will begin work an a Performance Agreement. The Performance Agreement will do the three functions described in Section 3.2, supra. Fina1 execution of the Perforrnance Agreement will be conditioned upon the project receiving approval by the Virginia Touxism Authority axxd certification by the State Comptroller as qualifying for the entitlement to tax revenues authozized by § 58.1-3851.1 of the Virginia Code. 5.5 Project Endorsement Ordinance - Prior to the completion of the Performance Agreement, City Staff will present an ordinance to the City Council. The ordiuzance will pxovide for the endorsement of the proposed tourism project by the Council and the willingness, subject to approval by the State and execution of the 1'erformance Agreement, of the City to allow the project to receive an atxaount of local tax revenues equal to one cent of the Virginia Sales and Use Tax for all transactions occurring on the project premises. 5.6 Project Submission to the Virginia Tourisrre Authority - After the Council appraval of the ordinance endorsing the proposed towrism project, the City will forward the application and ordinance(s) to the Virginia Tourism Authority and to the State Comptroller, as required. 5.7 Execution of Performance flgreement by Project Developer - After the project has been approved by the Virginia Tourism Authority and the State Comptroller, the Perfornaance Agreement, in final form, will be provided to the project developer for execution. 5.8 Development AuthoYity Approval - After appravals at the state level and execution by the project developer, the Development Authority will be presented with a resolution to approve the Perfonnance Agreement in final form. 5.9 Final Approval - If this resolution is approved by the Development Authority, the Chair of the Development Authority will execute the Performance Agreement. Title: Adoption Guidelines for the Tourism Deve)apment Financing Program Index Number: Date of Adopiaon: 3/13/2012 Date of Revision: Page 6 of 6 Approved as l to Content: Sirate ' Gro th Area Office Direct Approved as ?&*? to C ontent: ' Economic Development D artment Director FinancialImpact: ROKU-a Finance Dizector Approved as to Lega1 Sufficiency: City Attorney Reviewed by: Cit Manager 1 APPROVED BY CITY COUNCIL: Mayor 4. °??t -z- Date 4110 ? Dae 113 r?- Date ? ? ?LWrl, Date ate ? // ?? J?..- Date fl ? d d ? i ?. ; G! d' ? , Q. N p?p Q C1 N ??? ° v ? o0 Q , ' ?, 3 a c °?4 cn ? ca G Y Y ?'?? R? ? ?ots oR ?.??. . c? 6 ? ?...-__. ? ... :? ? ?? << __ V? g1R? _ 1 Ft ? 3Vypb? a ? f I ? ?! f? 1 ? ? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance (1) Declaring 10.35+/- Acres of Land Located at the Intersection of Dam Neck and Landstown Roads to be in Excess of the City's Needs, and (2) Authorizing the Dedication of Same to the YMCA of South Hampton Roads MEETING DATE: January 28, 2014 ¦ Background: The City of Virginia Beach (the "City") owns two parcels of land located the intersection of Dam Neck and Landstown Roads (GPINs: 1484-79-2884 and 1484-79-2434), consisting of approximately 10.35 acres (the "Property"). YMCA of South Hampton Roads ("YMCA") desires to construct and operate a community facility offering recreational and educational programs to serve the community, including an approximately 40,000 - 45,000 sq. ft. community facility and a 50-meter competition pool on the Property (the "Project"). The City and YMCA came to a shared understanding regarding each party's obligations and responsibilities in connection with the Project, which are set forth in a Term Sheet dated June 1, 2011 (the "Term Sheet"). On June 14, 2011, City Council approved the Term Sheet by Ordinance ORD-3183F. The City and YMCA have negotiated modifications of the Term Sheet to remove the requirement for an architectural membrane covering the 50-meter competition pool, and to extend the date to commence construction to June 1, 2014. On December 10, 2013, City Council approved the modifications to the Term Sheet, by Ordinance ORD-3320G (the "Modified Term Sheet"). YMCA and City staff have negotiated the terms and conditions of a Development Agreement (the "Development Agreement"), by which the Property would be dedicated to YMCA in connection with the Project. A summary of terms setting forth the elements of the Project is attached to the Ordinance as Exhibit A(the "Summary of Terms"). ¦ Considerations: The terms of the dedication are the same as presented in the Amended Term Sheet with the addition of (i) the ability of the YMCA to lease a portion of the Property at a nominal amount to another non-profit for activities consistent with the YMCA's mission such as early childhood development activities, and (ii) addition of deed restrictions and a reverter to restrict the use of the Property to non-profit uses consistent with the mission of the YMCA. As set forth in the Modified Term Sheet, the YMCA will endeavor to ensure that low and moderate income families and children residing in the Princess Anne area and surrounding neighborhoods in the City have membership and program opportunities by providing scholarship assistance through the YMCA's Sliding Scale program. Prior to effectuating the transaction set forth in the Modified Term Sheet and the Development Agreement, the City Council must vote to declare the Property excess and authorize the conveyance to the YMCA, as contemplated by the Agreement. ¦ Public Information: Advertisement of the public hearing for the proposed conveyance of City-owned property in The Virginian Pilot. Advertisement of City Council Agenda. ¦ Alternatives: Approve the Ordinance as presented, deny approval of the Ordinance, or add conditions or modifications as desired by City Council. ¦ Recommendations: Declare the Property excess and authorize the City Manager to execute all necessary documents to convey the Property to the YMCA and effectuate the proposed Project, subject to the terms and conditions in the Summary of Terms, and such other terms, conditions or modifications as may be satisfactory to the City Council. ¦ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting De m Agency: Dept. of Parks and City Manager: ? \\vbgov.com\DFSI\Applications\CityLawProd\cycom 2\Wpdocs?D023\P015\00054754.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE (1) DECLARING 10.35+/- ACRES OF LAND LOCATED AT THE INTERSECTION OF DAM NECK AND LANDSTOWN ROADS TO BE IN EXCESS OF THE CITY'S NEEDS, AND (2) AUTHORIZING THE DEDICATION OF SAME TO THE YMCA OF SOUTH HAMPTON ROADS WHEREAS, the City of Virginia Beach (the "City") owns two parcels of land located at the intersection of Dam Neck and Landstown Roads (GPINs:1484-79-2884 and 1484-79-2434), consisting of approximately 10.35 acres (the "Property"); WHEREAS, YMCA of South Hampton Roads ("YMCA") desires to construct and operate a community facility offering recreational and educational programs to serve the community, including a 40,000 - 45,000 sq. ft. facility and a 50-meter competition pool on the Property (the "Project"); WHEREAS, the City and YMCA came to a shared understanding regarding each party's obligations and responsibilities in connection with the Project, which are set forth in a Term Sheet dated June 1, 2011 (the "Term Sheet"). On June 14, 2011, City Council approved the Term Sheet by Ordinance ORD-3183F; WHEREAS, the City and YMCA have negotiated modifications of the Term Sheet, and on December 10, 2013, City Council approved the modifications, by Ordinance ORD-3320G; WHEREAS, YMCA and City staff have negotiated the terms and conditions of a Development Agreement (the "Development Agreement"), by which the Property would be dedicated to YMCA in connection with the Project. A summary of terms setting forth the elements of the Project is attached hereto as Exhibit A(the "Summary of Terms"); and WHEREAS, the City Council is of the opinion that the Property is in excess of the City's needs and conveyance of the Property to YMCA, in accordance with the terms set forth in the Summary of Terms, would allow for the development of a community asset on the Property for the benefit of the citizens of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the 10.35+/- acres of land located at the intersection of Dam Neck and Landstown Roads (GPINs:1484-79-2884 and 1484-79-2434) (the "Property"), is hereby declared to be in excess of the needs of the City of Virginia Beach. 2. That the City Manager is hereby authorized to execute the Development Agreement and any and all other documents necessary to convey the Property to YMCA, so long as such documents are in substantial conformity with the Summary of Terms, 47 attached hereto as Exhibit A, and made a part hereof, and such other terms, conditions 48 or modifications as may be acceptable to the City Manager and in a form deemed 49 satisfactory by the City Attorney. 50 51 This Ordinance shall be effective from the date of its adoption. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 54 of , 2014. APPROVEJ??AVfO CONTENT: Parks and Recreation APPROVED AS TO LEGAL SUFFICIENCY- City Attorney CA12772 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D030\P011 \00013007.DOC R-1 January 16, 2014 EXHIBIT A SUMMARY OF TERMS Deciare 10.35+/- Acres of Land in Excess of the City's Needs and Dedicate Same to the YMCA of South Hampton Roads PROPERTY OWNER: DEVELOPER: PROPERTY EXISTING TERMS: City of Virginia Beach (the "City") YMCA of South Hampton Roads ("YMCA") 10.35+/- acres of City-owned land located at the intersection of Dam Neck and Landstown Roads (GPINs: 1484-79-2434 and 1484-79-2884) • City to dedicate a portion of the Property to the YMCA "as-is" and subject to certain restrictions. • YMCA to construct and operate a facility for recreational and educational programs and services to the community (the "Project"). • Project to include an approximately 40,000 - 45,000 sq. ft. community facility, and a 50-meter outdoor competition pool, without being covered by an architectural membrane at this time. • YMCA will endeavor to ensure that low and moderate income families and children residing in the Princess Anne area and surrounding neighborhoods in the City have membership and program opportunities by providing scholarship assistance through the YMCA's Sliding Scale program. • Project design and construction to be consistent with the Princess Anne Commons Design Guidelines. • All Project design and construction plans must be reviewed and approved by the City. • Project construction to start on or before June 1, 2014. ADDITIONAL TERMS YMCA to have the right to lease a portion of the property at nominal rent to another non-profit for activities consistent with the YMCA's mission such as the provision of early childhood development services. CITY PROTECTIONS: Deed conveying Property to YMCA to contain standard provisions regarding restrictions on resale and reverter to City to ensure the Property is only used for purposes consistent with the non-profit mission of the YMCA. Other than contribution of land, City not responsible for any costs associated with the Project. ?: Nu?°F"?s•?'? r? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution re Policy on Banners on Pedestrian Bridge in Central Business Core District MEETING DATE: January 28, 2014 ¦ Background: Banners have been allowed to displayed on the pedestrian bridge over Columbus Street for a number of years; to date, however, there has been no formal policy governing those displays. ¦ Considerations: The proposed Resolution adopts a policy that formalizes the current informal policy regarding the display of banners from pedestrian bridges in the Central Business Core District. The policy contains limitations regarding the length of time such banners may be displayed, their size and purposes for which banners may be hung. No substantial changes from the current informal policy are made. ¦ Public Information: Advertised as an ordinary agenda item. ¦ Recommendations: Adoption of resolution. ¦ Attachments: Resolution, banner policy. Recommended Action: Approval Submitting Depart gency: Department of Economic Development City Manager: '? L? 1 2 A RESOLUTION TO ADOPT A POLICY 3 REGARDING THE DISPLAY OF BANNERS ON 4 PEDESTRIAN BRIDGES IN THE CENTRAL 5 BUSINESS CORE DISTRICT 6 7 8 WHEREAS, banners hung from the pedestrian bridge over Columbus Street 9 have traditionally been allowed to be displayed in connection with events at the Sandler 10 Center, Ynot Wednesdays and elsewhere within the Town Center area; and 11 12 WHEREAS, such banners provide an effective means of generating interest in 13 cultural events and entertainment in Town Center and in providing information to 14 residents, visitors and those who work in the area regarding the time, place and nature 15 of such events and entertainment; and 16 17 WHEREAS, the current policy governing the display of banners from pedestrian 18 bridges has heretofore been informal in nature; and 19 20 WHEREAS, in order to formalize the current policy regarding the display of 21 banners on the pedestrian bridge over Columbus Street and any similar structures that 22 may be constructed in the future; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH: 26 27 1. That the "Pedestrian Bridge Banner Policy, Central Business District," 28 dated December 2013, a true copy of which is hereto attached and is on 29 file in the office of the Senior Project Development Manager of the 30 Department of Economic Development, is hereby adopted; and 31 32 2. The City Manager and his designee are hereby authorized to administer 33 and enforce the provisions of the aforesaid Policy. 34 35 Adopted by the City Council of the City of Virginia Beach on the day 36 of , 20_. 37 38 39 40 41 APPROVED AS TO CONTENT: 42 43 44 45 Dept. of Ec nomic Kvelopment 46 47 CA-12703 48 October 23, 2013 49 R-1 APPROVED AS TO LEGAL SUFFICIEN Y: / ? . ? ? City Attorney's Office 2 PEDESTRIAN BRIDGE BANNER POLICY CENTRAL BUSINESS CORE DISTRICT December, 2013 Banners hung from the pedestrian bridge over Columbus Street have traditionally been allowed to be displayed in connection with events at the Sandler Center Plaza, Fountain Plaza and elsewhere within the Town Center area. Such banners provide an effective means of generating interest in cultural events and entertainment in Town Center and in providing information to residents, visitors and those who work in the area regarding the time, place and nature of such events and entertainment. To date, however, no formal policy governing the display of banners from pedestrian bridges has been in effect. This policy is intended to establish a formal policy regarding the display of banners on pedestrian bridges over City streets in the Central Business Core District. It does not apply to banners allowed by applicable sign regulations set forth in Article 2 or Article 22 of the City Zoning Ordinance. 1. Banners shall be allowed only for the purposes of promoting special events, events at major entertainment venues and similar activities held within the CBC Central Business Core District. There shall be no more than one (1) banner on each side of the pedestrian bridge at any time. 2. Information displayed on banners shall be limited to the name, date/time, location of the event and the logo of the sponsor(s) of the event. No additional commercial advertising shall be displayed. 3. Banners shall not exceed six feet by forty-six feet (6' x 46) in size. Lettering shall no less than six inches (6") high. 4. Banners shall be displayed for no longer than fourteen (14) days prior to an event unless a longer period of time is approved by the Senior Project Development Manager of the Department of Economic Development in the case of an event that regularly recurs on a weekly or more frequent basis or for other good cause shown. Banners shall be removed within two (2) business days after the conclusion of the event. 5. If necessary by reason of conflicting event schedules, banners shall be allowed in the following priority: (1) Town Center Program Events; (2) Sandler Center Events; and (3) Other qualifying events Approved: City Manager or Designee Date: 2 ? .,-... n?:aC r=\??xt?. .-j7;?,?i.i ? rc?.? ?? -•`c?? Y ` ?^ W Y ?•J , i'?,y? ?• S? ?9y.?,;ii'Y.. ?? . ni ? ?? ..?y ? A RE5OLV7ION COM_%iFNDING rLME CI`m' CGE2K A,M JY'ER S7A?F?F TOR 4'1f7E7R ExmP7I0NAG Of/7MLING OT 2'{(E CovNCIG94E94BE"wOINrL12EgvCcPR,OCESS `GVJfE2gj7,S, trw election of CounciCmem6ers GCenn Davis and BiCCDeStepk to the 7fouse of (Delegates Novem6er 2013, and their su6sequent resignations from City Counci? createQ two Cttj' Counrif vacancies; 'W'}fE?1j,?EA,S, state Caw requires the City CounciCto ftllsuc(z vacancies 6y appoinhnent; 'W',XrE4'?,?E,4,S, t(ie City CounciCkolds an annunCretreat at wfich it sets goals and priorities for tfie coming year, antl t(ze retreat hacf 6een Cong-scFieduledforianuary 6 and7, 2014; W7f+E(kE,7,S, the new mem6ers neeQ'ed to 6e appointed prior to January 616 in order to participate as councilmem6eis in the retreat, 6ut tfie ?Decem6er FeofuCays, coupCedwitk City CounciCs strong desire fot an open, incfusive and transparent appointment process, presented severe CogisticaCcfiaf(enges,• U&ERE,1,S, tfze City Clerkand 6er staff worked tirefessCy to ensure tFiat eacfi step of the cornpCeX appointment proress was compCetedefficientfy and in fu[Ccampfiance untf: statutory anrf cFiarter requirements, incCuding: • ftomptfy drafting aruf posting t(ce officiaC notice and advertisement tfiat sougkt caridiefates for tke dutrict and at-large seats, tfiere6y ena6fing t(re pu6Cu w fearn of tfw process on Novem6er I516 (a mere ten days after t(?e Novern6er 2013 election tfiat promptecf t(u two resignations) and wkick a(sa prosietf appCtcants wit( more tfian two weeks in w&ich to assem6Ce araf su6mit t&eir appf'catian materiaG;• . E_VeditiousCy processisg app!'uant materials from tl:irty-nine appfcanu aruf then foCCowing up with candizfates to fieCp ensure that each appCtcation was complete; • `('VOrk,ing witfi otrwf City offwes to ettSUre t?1at eack ¢ppl'uant met t(1E ClYtCiT4 fof appOintlnent that 7S mandated6y state Caw anQ'tFie City Cfiarter, • TromptCy assem6Cng 6inefers for eaeh current couneiCnem6er witfi etailed information on eaclz appCuant; and • 1?'r'oviding assistanre aruf infonnation to appCcants, the pu6fic, and tfie presr, and ryi?}L+EREJ7,S, the City Cferkandf:er staff went over anda6ove tfie caCCof duty to ensure tftat tfie City CounciC appointraent process went smoot(Cy, despite su6stantiaCrime and Cogisticalclw(renges, anQ also ensured tfiat the process war conductedin a fair, open, incCusive andtransparent manner that ena6ledCity CounciCto make t(?ese appointments prior to t(e &oC'ufays aruf, most ianportantCy, pnor to the enrCy January City CoundCretreat. NO`W, `Z7LiERE`FOR`E, BE 17XESOLVED B2'qVL Co'VNCIL OT ?L'3fE CI°ITYOT NIRGIT7A BEACX, VIR979Y7A TFwt the City CounciC hereby commends Ciry Ckrk, Rutfi 9['odges ?F'raser, C&ief Deputy City CCerG,1'lmanda Tinley-?darnes, Senior ?Deputy Cztj' C(eTk,Cjfona `GVinklet, and ?Deputy City C?rk,s Sarah ,7en?'ru, Sandy 9l?ladison, and Sandy iltnmpson for t(teir eztraordinary pu6fic service to the eitizens of Nirginia Beach. Given utufer our (anrfs and deals this TourteentFi day of9anuary, Two qiouaandardfturteen. *Xo6ert-W.er Bar6ara7fen(ey SFiannon D BraWartin l/j ? VhhnE. v(zrin hn ?D. 9?10 -? I?,osemary Yson ??---n'--- Ame&a Ross-7Cammond Qk? imes . 'Wood ? ' R. -lones 3fayor'WifCiam D. Sessoms, 7r 4Vi,eay®rL_' ('O ?L CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution Requesting the Virginia Department of Transportation to Accept Additional Streets for Urban Maintenance Payments (2) A Resolution Requesting the Virginia Department of Transportation to Accept Corrections to the Road Inventory for Urban Maintenance Payments MEETING DATE: January 28, 2014 ¦ Background: The Virginia Department of Transportation ("VDOT") maintenance funding is conditioned upon City Council submitting to VDOT resolutions for all new streets and for all corrections/deletions to the City's road inventory. VDOT provided the City with a letter, dated June 22, 2013, which stated the FY14 reimbursement rates. The rates are as follows: local/collector streets will be reimbursed at $10,970 per lane mile, and arterial streets will be reimbursed at $18,684 per lane mile. ¦ Considerations: The first resolution requests the addition of newly constructed streets in the amount of 30.00 lane miles which will be eligible for urban maintenance funds beginning July 1, 2014. All of the 30.00 lane miles are classified as local/collector streets. Based on the present VDOT reimbursement rates indicated above, the City will receive $329,143.88 per year for these local/collector streets. The second resolution requests changes to the current VDOT maintenance funding inventory due to duplications or updated lane mile data. There are 5.46 lane miles of local/collector streets to be deleted from the inventory. There are corrections in the amount of 5.72 lane miles of local/collector streets to be added back to the inventory. There are 12.64 lane miles of local/collector streets to have their classification changed to urban minor arterials. Based on the present VDOT reimbursement rates indicated above, the City reimbursement will be increased by $2,852.20 per year for these changes to local/collector streets and by $236,165.76 for these street reclassifications to minor arterial streets. The total net increase in urban maintenance lane miles from the additional and the corrections will result in a funding increase of $568,161.84 from VDOT. ¦ Public Information: The item will be publicized as part of the City Council's agenda. ¦ Attachments: Resolutions (2), Exhibit A("New Streets"), Exhibit B("Changes") Recommended Action: Approval Submitting Depfi-rbq tl ency: Public Works P kD City Manager: ? ?? 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ACCEPT ADDITIONAL STREETS FOR URBAN 4 MAINTENANCE PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting additional streets for urban maintenance payments; and 8 9 WHEREAS, the 30.00 (Local/Collector) lane miles of streets listed on Exhibit A 10 (attached) have been constructed in accordance with standards established by the 11 Virginia Department of Transportation; and 12 13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain 14 these streets; and 15 16 WHEREAS, a representative from the Virginia Department of Transportation has 17 inspected and approved these streets. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That City Council hereby requests the Virginia Department of Transportation to 23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, 24 and to begin paying urban maintenance payments to the City of Virginia Beach based 25 on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works -Gitv°A&rne O ice CA12870 R-1 December 30, 2013 City of Virginia Beach Exhibit A- New Streets Public Works / Operations Street Twe STREET ' FROM ' TO LANE MILES LOCAL AMBER BAY CT CHELSEA GREEN DR S CUL-DE-SAC 0.12 LOCAL APIARY CT LONDON BRIDGE RD E CUL DE SAC 0.44 LOCAL ARMON AV ANSOL LA N CUL-DE-SAC 0.36 LOCAL BANK ST INDEPENDENCE BLVD MARKET ST 0.10 LOCAL BANK ST MARKET S I CENTRAL PARK AV 0.05 LOCAL BASSETT AV ROBERT JACKSON DR DEAD END 0.44 LOCAL BEACHTOWN DR ATLANTIS L)R HOPE AV 0.10 LOCAL BEAGLE WAY N CUL DE SAC E CUL DE SAC 0.46 LOCAL BEECHWALK DR LOVE CT N DEAD END 0.42 LOCAL BETULA CT CHELSEA GREEN DR S CUL-DE-SAC 0.08 LOCAL BITTER ROOT CT CHELSEA GREEN DR N CUL-DE-SAC 0.10 LOCAL BLACKSTONE CT BLACKSTONE TR CUL-DE-SAC 014 LOCAL BLADE CT CORBIN DR CITY LINE 0.04 LOCAL BLITZ CT BLACKSTONE TR CUL-DE-SAC 0.14 LOCAL BLUEFISH LA SANDPIPER RD (NB) W DEAD END 014 LOCAL BLUEMONT CT COVENTRY RD W CUL-DE-SAC 0.14 LOCAL BOSCO CT BLACKSTONE TRL CUL-DE-SAC 014 LOCAL BRESLAW CT BLACKSTONE TRL CUL-DE-SAC 0.14 LOCAL BRIAN AV CLEVELANll ST EUCLID RD 0.14 LOCAL BROOKLYN AV S BIRDNECK RD CUL-DE-SAC Q,Z$ LOCAL BROOKLYN CT BROOKLYN AV CUL-DE-SAC 0.18 LOCAL BUTLER LA SAN MARCO RD N CUL DE SAC 0.14 LOCAL CADBURY CI BILTMORE DR CUL-DE-SAC 0.06 LOCAL CANDY TUFT CT CHELSEA GREEN DR N CUL-DE-SAC 0.04 LOCAL CARISSA CT S BIRDNECK RD E CUL-DE-SAC 0.10 LOCAL CARLSBAD CT ARTESIA WY W CUL-DE-SAC 0.14 LOCAL CATFISH RD DRUM POIrT ROAD CUL-DE-SAC 035 LOCAL CENTRE POINTE DR BAXTER RD S DEAD END 034 LOCAL CERETA WAY HOLLAND RD BEAGLE WAY 0.10 LOCAL CHANNEL POINTS LN ADAM KEELING RD DEAD END 016 LOCAL CHAPPELL PL HARRIS POINT DR S CUL-DE-SAC 0.12 LOCAL CHELSEA GREEN DR CUL-DE-SAC CUL-DE-SAC 1.10 LOCAL CHICK'S BEACH CT GREENWELL RD N CUL-0E-SAC 0.20 LOCAL CHIPPENHAM RD E HARRIS POiNT DR CUL-DE-SAC 0.10 LOCAL COASTAL DR VIRGINIA DARE DR W CUL-DE-SAC 0.26 LOCAL COLLECTION CREEK WY FIRST COLONIAL RD (SB) DEAD END 0.08 Tuesday, January 14, 2014 Page 1 of 4 LOCAL COMMERCE ST INDEPENDENCE BLVD MARKET ST 0.20 LOCAL COMMERCE ST MARKET ST CENTRAL PARK AV 0.10 LOCAL COMMUNICATIONS CI SHELL RD W DEAD END 012 LOCAL CORRENTE LN LAS BRISAS DR CUL-DE-SAC 026 LOCAL CRIPPLE CREEK CT VIRGINIA BEACH BL N DEAD END 0.16 LOCAL DEDI CT BLACKSTONE TRL CUL DE SAC 0.10 LOCAL DEKOLTA CT BLACKSTONE TRL CUL-D&SAC 0.10 LOCAL DEL HAVEN CT RICHARDSON RD S CUL DE SAC 0.16 LOCAL DINWIDDIE RD LOCKHAVEN CR SEA GULL BLUFF DR 0.54 LOCAL DITCHLEY RD YORK LA BRUTON LA 0.31 LOCAL DODGE DR LARK ST SILINA DR (WB) 0.18 LOCAL DORSET AV SOUTHERN BL N CUL-DE-SAC 0.18 LOCAL EBB TIDE RD SHORE DR (WB) OCEAN SHORE AV 0.22 LOCAL EDENTON CT BERNADOTTE ST S CUL-DE-SAC 0.18 LOCAL EDINBURGH PL EDINBURGH DR CUL-DE-SAC 0.04 LOCAL EGO DR LAVERGNE LA AIR STATION DR 0.44 LOCAL ELBA ST LYNNSHORE DR CUL-DE-SAC 0.12 LOCAL EMPIRE PASSAGE CT ROYALE WALK DR E CUL-DE-SAC 0.06 LOCAL EVAR PL CULVER LA S CUL DE SAC 0.20 LOCAL FAIR LADY PL FAIR LADY RD W CUL-D&SAC 0.10 LOCAL FAIRWEATHER CT CHELSEA GREEN DR S CUL-DE-SAC 0.06 LOCAL FAWKES CT BLACKSTONE TRL CUL-DE-SAC 010 LOCAL FOUNDRY LA VIRGINIA BEACH BV CUL-DE-SAC 018 LOCAL FRAZEE LN S BIRDNECK RD CUL-DE-SAC 0.10 LOCAL FREIGAT LN PRINCESS ANNE RD DEAD END 0,22 LOCAL GAINES LD SOUTH WOODSIDE LN CUL-DE-SAC 028 LOCAL GENERAL CLARK CT DOLTON DK S CUL-DE-SAC 0.06 LOCAL GENESEF, WY GREY DOVF, LA CENTENNIAL CI 0.18 LOCAL HAWKINS LA NbWTOWN RD (NB) N DEAD END 0.12 LOCAL HOLLADAY RD WITCHDUCK RD N HOLLADAY LA 0.62 LOCAL HORACE AV COLUMBUS ST VIRGINIA BEACH BL 0.24 LOCAL HOUND CT BEAGLE WAY E CUL DE SAC 0.08 LOCAL HUTTON CI OCONEE AV S CUL-DE-SAC 016 LOCAL HYDE LA BEADEN DR BEADEN DR 0.16 LOCAL INDIAN CI INDIAN RD CUL-DE-SAC 0.16 I,OCAL INDIAN CREEK CT INDIAN CREEK RD E CUL-DE-SAC 0,32 LOCAL KEPLER BN WASSERMAN DR CUL-DE-SAC 0.48 LOCAL KLINE DR HARRIS RD CUL-DE-SAC 0.44 LOCAL LILA LN INDIAN RIVER RD END 010 Tuesday, January 14, 2014 Page 2 of 4 Street Ti LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL I.OCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LIONS WY KEMPSVII,LE RD SCHOOL PROPERTY 0.30 LITCHFIELD CT LITCHFIELD RD CUL-DE-SAC 0.14 LITCHFIELD RD HARRIS RD CUL-DE-SAC 0.20 LOCKHEED AV ATLANTIC AV S VANDERBILT AV 0.10 LOOKOUT CT LOOKOUT RD S CUL-DE-SAC 0.08 LUXOR AV QUEEN CITY RD CITY LINE 0.10 MAIDSTONE CI 1002 SOUTH BLVD CUL-DE-SAC 0.02 MARKET ST BANK ST VIRGINIA BEACH BL 0.12 MARKET ST COLUMBUS ST COMMERCE ST 0.10 MARKET ST COMMERCE ST BANK ST 0.12 MARKET ST S DEAD END COLUMBUS ST 0.08 MASON ST REEDTOWN RD S CUL-DE-SAC 0.16 MATHEWS GREEN RD PRINCESS ANNE RD MATHEWS GREEN RD 1.18 MAY CT BEAGLE WAY E CUL DE SAC 0.06 MEADOW CREST WY ELBOW RD N CUL-DE-SAC 0.24 MEETING HOUSE LA MEETING HOUSE RD CUL-DE-SAC 0.40 MEETING HOUSE RD CHURCH POINT RD WEST CHURCH POINT RD EAST 0.80 OAKRIDGE CI DEAD END CUL-DE-SAC 0.10 OAKUM CREEK CT E CUL-DE-SAC W CUL-DE-SAC 030 OLDS LN S BIRDNECK RD CUL-DE-SAC 0.30 OYSTER POINT QY LITTLE NECK PT CUL-DE-SAC 0.06 PADMA CT GREENVIEW DR N CUL DE SAC 0.06 PARVATHI CT GREENVIEW DR N CUL DE SAC 0.06 PRESTIGE WY E CUL DE SAC S PLAZA TR 0.26 PROFESSIONAL CI WHITECHAPEL DR INDEPENDENCE CI 0.26 PROGRESS LA CENTRAL DR PRIVATE PROPERTY 0.60 REEDTOWN RD MASON N CUL-DE-SAC 0.36 RIO BRAVO BN LOS COLONIS DR CUL-DE-SAC 0.14 RIVER BREEZE CV INGRAM RD E CUL-DE-SAC 0.24 ROBBINS CT ROBBINS LA CUL-DE-SAC 0.04 ROYALE WALK DR LONDON BRIDGE RD CHELSEA GREEN DR 0.62 SCHUMANN DR DAVINCI DR. FIREFALL DR. 0.84 SMOKEHOUSE RD WELL WATER LA W DEAD END 0.46 SPIGEL DR SPIGEL DR S HALL HAVEN DR 0.32 SQUADRON CT TAYLOR FARM RD E CUL-DE-SAC 0.52 STRAWBRIDGE RD S DEAD END LONDON BRIDGE RD (SB) 1.02 STREAMLINE DR N DEAD END FIGHTER DR 0.32 SUMMERVILLE CT CARVER AV N N CUL DE SAC 010 SUTTON PL PROVIDENCE RD JAMESTOWN LANDING RD 0.04 Tuesday, January 14, 2014 Page 3 of 4 LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL TABLE ROCK LA TALL OAK CT TALON CT TAYLORFARM RD THRUSH CT TRADEWINDS RD TRADING POINT LA TRESSLE VIEW PL TWEEDSMUIR CT VETERINARY WY WESLEY DR WESTPORT PL WESTWARD DR WHITETAIL CT WHOOPNG CRANE CI WILHELM DR TABLE ROCK RD. TALL OAK DR SOUTH MAGIC HOLLOW BLVD. DAM NECK RD BROOKLYN AV LEVEL GREEN BLVD SOUTH LITTLE NECK PT GUM AV S ROYALE WALK DR PRINCESS ADINE RD POTTERS RL) (WB) PROVIDENCE RD (EB) E DEAD END GREENLAW DR PURPLE MARTIN LA CASTLE GA"tE LA CUL-DE-SAC CUL-DE-SAC CUL-DE-SAC LONDON BRIDGE RD CUL-DE-SAC CLEAR SPRINGS LN CUL-DE-SAC W CUL-DE-SAC E CUL-DE-SAC W CUL DE SAC W CUL DE SAC JAMESTOWN LANDING RD FIRESIDE LN ClI[,-D&SAC N CUL DE SAC BOMBAY LD Total Lane Miles of LOCAL streets : Total Lane Miles of New Street : 0.14 0.10 0.10 0.30 0.16 0.78 0.22 0.18 0.06 0.12 034 0.06 0.05 0.08 016 0.66 30.00 30.00 Tuesday, January 14, 2014 Page 4 of 4 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ACCEPT CORRECTIONS TO THE ROAD 4 INVENTORY FOR URBAN MAINTENANCE 5 PAYMENTS 6 7 WHEREAS, the Virginia Department of Transportation requires a City Council 8 resolution prior to accepting corrections or deletions to the revised road inventory for 9 urban maintenance payments; 10 11 WHEREAS, City personnel have reviewed the revised road inventory prepared 12 by the Virginia Department of Transportation and have determined that some 13 inaccuracies exist; 14 15 WHEREAS, corrections to the revised road inventory have been made as shown 16 on Exhibit B(attached); resulting in a net increase of 0.26 (Local/Collector) lane miles 17 and changes in class have resulted in an increase of 12.64 (Minor Arterials) lane miles; 18 19 WHEREAS, a representative from the Virginia Department of Transportation has 20 inspected and approved corrections. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That City Council hereby requests the Virginia Department of Transportation to 26 accept the corrections listed on Exhibit B, attached hereto and incorporated by 27 reference, and to begin paying urban maintenance payments to the City of Virginia 28 Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12014. APPROVED AS TO CONTENT: V A' Nki'L:2-? Public Works APPROVED AS TO LEGAL SUFFICIENCY: __ .. m?. Cit ice CA12871 R-1 December 30, 2013 LOCAL SHENVALEE DR PROVIDENCE RD CUL DE SAC 0.78 LOCAL SHOREHAVEN CT SHOREHAVEV DR S CUL DE SAC 0.18 LOCAL SIGNATURE CI SIGNATURE DR SIGNATURE DR 0.32 LOCAL SILVER LAKE DR BELSPRINGS DR BELSPRINGS DR 0.52 LOCAL SILVER MAPLE CI SILVER MAPLE DR S CUL DE SAC 0.06 LOCAL SILVER SPRINGS CT NORTH CUL-DE-SAC SOUTH CUL-DE-SAC 012 LOCAL SILVERCREST LN SPARROW RD EAST E CL DE SAC 0.10 LOCAL SIOUX DR NARRAGANSETT DR N DEAD END 0.14 LOCAL SIR WILFRED PL OXFORD DR WEST N CUL DE SAC 0.58 LOCAL SLOANE CT REVERE DR CUL DE SAC 0.08 LOCAL SMOKE TREE LA SMOKE TREE LA STONESHORE RD 0.58 LOCAL SMOKEY LAKE DR PINE LAKE DR GREEN MEADOWS DR 1.28 LOCAL SOUTHALL DR FIRST COLONIAL RD SOUTHALL QUARTER ALLEY # l 032 LOCAL SOUTHPORT CI EXPRESSWAY DR EXPRESSWAY DR 0.50 LOCAL ST GEORGE CT KING GRANT RD N CUL DE SAC 0.16 Total Lane Miles of LOCAL streets : 5.72 Total Lane Miles of Additions/Replaced deletions : 5.72 Street TvPe STREET FROM ' TO ,,?.,. ...?.?., URBAN MINOR ARTERIAL DRAKESMILE RD SHIPPS COR VER RD DAM NECK RD 1.28 URBAN MINOR ARTERIAL POTTERS RD LYNNHAVEN PW LONDON BRIDGE RD 3.96 URBAN MINOR ARTERIAL SALEM RD FERRELL PKWY PRINCESS ANNE RD 0.40 URBAN MINOR ARTERIAL SALEM RD INDEPENDENCE BV LYNNHAVEN PY 2.56 liRBAN MINOR ARTERIAL SALEM RD LYNNHAVEN PY FERRELL PY 3.84 URBAN MINOR ARTERIAL SALEM RD ROCK LAKE LOOP INDEPENDENCE BV 0.60 Total Lane Miles of URBAN MINOR ARTERIAL streets : 12_64 Total Lane Miles of Class Change : 12.64 Tuesday, January 14, 2014 Page 1 of 2 City of Virginia Beach Exhibit B- Changes Public Works / Operations Deletions/To be replaced Street Type STREET FROM LOCAL SHENVALLEE DR PROVIDENCE RD LOCAL SHORE HAVEN CT SHOREHAVEN DR S LOCAL SIGNATURE CI SIGNATURE DR LOCAL SILVER CREST LN SPARROW RD EAST LOCAL SILVER MAPLE CT SILVER MAPLE DR LOCAL SILVER SPRINGS CT ROCK LAKE LOOP LOCAL SILVERLAKE DR BELSPRING DR LOCAL SIOUX DR NARRAGANSETTDR LOCAL SIR WILFRED PL OXFORD DR WEST LOCAL SLOAN CT REVERE DR LOCAL SMOKETREE LA SMOKETREE LA LOCAL SMOKEY LAKE DR PINE LAKE DR LOCAL SOUTH PORT CI EXPRESSWAY DR LOCAL SOUTHALL DR FIRST COLONIAL ROAD LOCAL ST GEORGE CT KING GRANT RD To LArt CUL-DE-SAC CUL-DE-SAC SIGNATURE DR CUL-DE-SAC CUL-DE-SAC CUL-DE-SAC BELSPRING DR BLACKFOOTCRE PRINCE WILLIAM CT CUL DE SAC STONESHORE DR CUL DE SAC EXPRESSWAY DR ALLEY WAY CUL-DE-SAC Total Lane Miles of LOCAL streets : Total Lane Miles of Deletions/To be replaced : -0.78 -0.18 -0.16 -0.10 -0.06 -0.08 -0.52 -0.14 -0.32 -0.08 -0.58 -1.28 -0.56 -0.26 -036 -5.46 -5.46 Tuesday, January 14, 2014 Page 2 of 2 ., c,. .,,? ? yGy ro CITY OF VIRGINIA BEACH ` AGENDA ITEM _ ITEM: An Ordinance to Appropriate $448,050 in Fund Balance from the School Site Landscaping Internal Service Fund to the Department of Parks and Recreation MEETING DATE: January 28, 2014 • Background: The City provides landscape services for 93 school sites through the School Site Landscaping Internal Service Fund. This fund accumulates a year-end fund balance primarily due to personnel vacancies. The Landscape Management Administrator has requested, and School Administration supports, the use of $448,050 from the fund balance of this internal service fund for specific projects listed below. A more detailed description of the projects is provided in the attached memorandum from the Landscape Services Administrator. • Considerations: The following projects have been approved by the School Administration and will address conditions at various school sites: 1. Playground Safety Improvements (surfacing removal and replacement) at 7 sites ($106,050) 2. Replacement of Birdneck Elementary Early Discoveries playground ($25,000) 3. Replacement of 3 basketball courts at Green Run Elementary with concrete courts to correct playability issues ($57,000) 4. Replacement of 1,500 cubic yards of ball field clay ($30,000) 5. Replacement of 2 crew cab trucks with snow plows ($230,000) ' Public Information: Public information will be coordinated through the normal City Council agenda process. ' Recommendation: Approve the attached ordinance • Attachments: Ordinance; Memorandum from Landscape Management Administrator detailing the proposed projects Recommended Action: Approval Submitting Department/Agency: Parks and Recreation Department/Landscape Management v 'o City Manager: ? ??,,? 1 AN ORDINANCE TO APPROPRIATE $448,050 2 IN FUND BALANCE FROM THE SCHOOL SITE 3 LANDSCAPING INTERNAL SERVICE FUND 4 TO THE DEPARTMENT OF PARKS AND 5 RECREATION 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 That $448,050 is hereby appropriated from the fund balance of the School Site 9 Landscaping Internal Service Fund, with specific fund reserves increased accordingly, 10 to the Parks and Recreation Department's Landscape Management Division to execute 11 landscape projects at various school locations. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ------------ / Budget and_Management Serv' es Cit rn ff ice CA12876 R-1 January 9, 2014 . 11. INTER-OFFICE MEMORANDUM DATE: November 4, 2013 VBgov eom 4147 DAM NECK ROAD VlRGINIA BEACH, VA 23456-5786 TO: Dale Holt, Assistant Superintendent - Virginia Beach City I'ublic Schools FROM: ' Franfc Fentress, Landscape Management Administrator SUBJECT: Use of 613 Internal Service Fund Net Assets far FY 2013-14 As you know, the year-end fund balance for 11049 - Grounds Services accumulates in a 613 Internal Service Fund accounfi at the end of each fiscal year. The fund balance is made up largely of salary and fringe benefits surpluses at the end of each fiscal year due to empfoyee furnover and entry-level vacancies in Grounds Services. We are requesting your appraval to use $448,050 frorrt the net assefs in the 613 Internal Service Fund to pay for some specific projects and equipment replacements that we cannot afford to do otherwise in FY 13-14. The specific requests and amounts are listed below. 603201 - Generaf Maintenance and Repair PEayground Safety Improvements - 7 pfaygrounds @$15,150 each - Phase IV of a multi-year program for safety surfacing renovation and ADA accessibility improvements for pfaygrounds at various school sites - Rep[acement of Birdneck Elementary Early piscoveries p(ayground Replace 3 asphaft basketbafl courts at Green Run EEementary wifh concrete courts to correcf playability issues and improve safety 606427 - Recreational Su lies (1500) Cubic Yards of Ballfield Clay {cut from budget in FY 2012-13} $20 / Yd.' 607105 -- Re lacement of Motor Vehicles and E ui ment (2) Trucks, 17,500 GVW, Crew Cab with Snow Plow $115,000 and Saft Spreader fo replace #141316, 141473 $106,060 $25,000 $57,000 $30,000 $230,000 Total F'Y 2013-14 Net Assefis Request $448,050 DEPARTMENT OF PARKS AND RECREATION LANDSCAPE MANqGEMENT DIVISION 757385-4467 FAX (757) 427-1895 TDD {757} 427-3305 Memarandum to Dale Holt Page Two November 4, 2013 Belnw is a brief explanation af the projects: A multi-year playground safe#y surface replacement program started in 2010. Accessibility, safety surfacing and drainage sysfems af thirtyfive playgrQUnds at elemenfary sGhoQl si#es have been renovated thus far, 3ncluding complete repfacement of the playgraund at Caoke Elementary. Phase IV addresses seven mare slementary schaol playgraunds. tJew drainage systems, in addition to removal and repfacement of playground base materia4s anci engineered wood fiber, wii( help ensure that national safety standards are met while prolcanging the life expectancy of the tay structure. ADA accessible wafkways are also being installed with #hese rertovations. The existing Ear(y [}iscQVeries playground at Birdneck Elementary School was turned aver to Schoois Landscaping for maintenance sevetal yeacs ago. This playground was coRStructed using recycled plastic lumber and does nat match the quafity ar safety guidefines of rriany of tha ather Early Discoveries playgrounds. The playground structure wilt be completely replaced with updated, safer equipment. A new drainage system, renovated engineered wood fiber safety surfacing and ApA accessible waikvday witl also be instatled fo bring the playground up to current safety sfiandards. The asphait basketball courts at Green Run Elemenfary are in terrible shape. They have been repeatedfy patched, and it is a very uneven piaying surfece with wide. cracks. The caurts wil! be repCaced with concrete caurts to improve playability and student safety. • "Che infteld clay wilf allow Schoals Landsc,aping to make safety improvements at all schoa3s with baseball andlar softball felds. Due ta budgetary limitations, aEl funding fo"r irrfield clay was removQd from the SchoQls Landscaping budget in FY 2012-93. This material will be used to grade infields on all fields fo help improve drainage anif ensure player safety. a All vehicles listed for rep(acement have met requirements established by fhe:Cifyr's F1eet Management Division far replacement and are essential to ou'r Schaals LandscapEng operation. Funding wi1l reduce repair casts, minimize down#ime, and hefp to ensure efifective senrice de{ivery. Belaw ace some defails abaut these fleet assets: Assat II? Make/Model i'urcltase Cost Lifeiime Repairs Mz'e Tzu'Out Service 204{? GMC 3500 Hea? Taken ont of 141316 Du Crew Cab I)u NIA NtA NIA ty mp service 4!4/12 141473 Cab 17umgF350 Crew $34,504 $29,319 112,650 3n Sexuzce We are recommending that funding be utilized frorti ihe 613 Infernal Service Fund to accomplish these priarities. In iieu ofi {nternal Service fupding, the alternatives are either delaying these projects and replacements until they can be funded through the narma! 6udget process or that #hese projects and replacements not be done at alE. We feel that these two atternatives, especially not daing these projects and rep(acements, will Tesult in deficieneies in maintenance and safety at a number of school sites. We laok fonnrard #o }+our favorable respanse. p(ease fee) free to confact me should you need more informatian or clarifrcafion fa evaluate these requesfs. ' FLFfjfb cc: Maile Fiitdenbt`and S' miSi N'iC3uSeP David Walker Jonathan Hvbbs ?t^.:f•??. r 2.l' xr?3? • ?.: CITY OF VIRGlNIA BEACH AGENDA ITEM ,`_-- -------------------?____ ITEM: An Ordinance to Appropriate a$200,000 Virginia Governor's Opportunity Fund Award to the City of Virginia Beach Development Authority MEETING DATE: January 28, 2014 ¦ Background: IMS Gear Virginia, inc., a German-based manufacturer of gear assemblies for automotive seats, recently completed a$35 million expansion of their Virginia Beach manufacturing operations, which included the creation of more than 80 jobs and construction of a 112,000 square foot building in London Bridge Industrial Park. Because Virginia Beach competed for this project with Gainesville, Georgia, where IMS Gear USA is headquartered, a$200,000 incentive award from the Virginia Governor's Opportunity Fund (GOF) was requested and approved to help secure the project for Virginia Beach. In accordance the GOF payment procedures, the full $200,000 GOF payment has been received by the City Manager's office for appropriation to the Development Authority for final disbursement to the Company. ¦ Consideratians: The attached ordinance provides the $200,000 GOF award received by the City from the Commonwealth of Virginia to the Virginia Beach Development Authority. The Development Authority will administer the grant as required by the GOF process. ¦ Public Information: Advertisement of City Council Agenda ¦ Attachments: Ordinance, Award Letter from Virginia Economic Development Partnership Recommended Action: Approval Submitting Dep me Agency: Economic Development City Manager: 'bcrc-, 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO APPROPRIATE A$200,000 VIRGINIA GOVERNOR'S OPPORTUNITY FUND AWARD TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $200,000 received by the City from the Governor's Opportunity Fund (the "GOF") is hereby appropriated, with estimated state revenues increased accordingly, to the City of Virginia Beach Development Authority in furtherance of the purposes of the GOF and the expansion of manufacturing by IMS Gear Virginia, Inc. within the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ?. .I , ,.. Budget and Management Services Cit ' fice CA12874 R-1 January 13, 2014 ti "? Virgi ?? ^VfRG(NIp ECpNDMIC OE1fELDPMENT PARTNERSHIP ?, P.D. Box 798 . 90i East Byrd Street jL5 VirgmiaArg Richmond, Virginia 23218-0798 BEST S7ATE fOR BOSINESS 804--545-5600 . www.YesUifginia.org December 19, 2013 Mr. James K. Spore City Manager City of Virginia Beach 2401 Courthouse Drive 1vlunicipal Center, Buiiding Number 1, Room 234 Virginia Beach, Virgizlia 23456 Dear N1r. Spore; Thank you for your efforts in bringing IMS Gear Virgiriia, Inc. ta the City of Virginia Beach. The suppart of locai economic developers, in cooperation with the Virgixua Economic Developinent Partnetship, is essential iri bringing quality businesses to the Corrinionwealth. Please find enclosed the $200,000 check from the Governor's Opportunity Fund ta be used for TMS. If we can be af further assistance, please do not hesitate to contact me. Your econornic development teasn has done an outstanding job on this projecf: We look forward to workvrig with you again ira. the near fut?.ite to bring busiriess to Virginia Beach and the Coziamonwealth. Thank you again, and keep up ttie goad work. Sincerely, L?? ? ? - &U6 ? Martin J. Briiey President and Chief Executive Officer /kme Enelosure NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, January 28, 2014, at 6:00 P.M., at which time the following applications will be heard: , CIiY OF VIRGINIA BEACH CBC / Zoning Maps - Ordinance to Amend the Official Zoning Map by Changing the Zoning District Classification of Certain Property to "CBC Central Business Core District." CBC / Article 22 - Ordinance to Add a New Article 22, Consisting of Sections 2200 through 2212, to the City Zoning Ordinance. CBC / Conforming Provisions - Ordinance to Add, Amend, and Reordain. Repeal or Renumber Certain Sections of the City Zoning Ordinance so as to Conform to the Provisions of Article 22 of the City Zoning Ordinance (Establishing the CBC Central Business Core District and Setting Forth the Regulations Pertaining to Such District). .? CBC / Pembroke SGA Plan - Ordinance to Amend the Pembroke Strategic Grow[h Area 4 Implementation Plan and the Policy Document of the Comprehensive Plan by Revising Maps of the Pembroke Strategic Growth Area and Amending the Descriptions of the Central Business District / Core Area and the Central Business District/ WaterfrontArea. CBC / Site Plan Ecceptions - Ordinance to Amend and Reordain Sections 5.5, 5.613 antl 5.14 of the Site Plan Ordinance, Pertaining to Exceptions in Districts Intended to Implement Strategic Growth Area Plans. CBC / Transition Rules - Ordinance Establishing Transition Rules for the Review of Site Plans, Subdivision Plats and Other Plans of Development for Property in the C8C Central eusiness Core District BEACH DISTRICT Adventure Sports Park, LLC / Kampgrounds Of America, Inc. Application: nnnrfifirarion of Conditional Use Permit (campground) approved December 1969. Request is to add paintball and laser tag as outdoor recreational activities on a portion of the campground at 1304 Prosperity Road and 1252 Prosperity Road (GPINS 2415889903 [portion ofl & 2415882856 [Portion of]). KEMPSVILLE DISTRICT Mahesh Gopinath / Kelham Properties, LLC Application: Conditional Use Permit for vocational (dental assisting) training school at 405 S. Parliament Drive (GPIN 1466499573). PRINCESS ANNE DISTRICT Home Associates of Virginia, Inc., Application: Contlitional Chanee of Zonine from AG-1 Agncultural to Conditional R-15 Residentlal, Proposal for six (6) single-family dwellings (1 unit/acre). Site is within the Comprehensive Plan Transition Area (mawmum tlensity of 1 unit/acre) at 18641ndian River Road (GPIN 2413225595). All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions antl amendments are on file and may be examined in the Department of Planning or online at irtgz/s v r JZ..::v,rcirVL For information call 385-4621. If you are physlcalry disabled or visualty Impalred antl need assistance at this meeting, please call the CITY CLERK'S OFFICE E? 385-4303. BeaconJanuary 12 & 19,2014 23893854 K. PLANNING Application of ADVENTURE SPORTS PARK, LLC for Modification of a Conditional Use Permit (approved December 1969) at 1304 and 1252 Prosperity Road DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 2. Application of MAHESH GOPINATH for a Conditional Use Permit re vocational (dental assisting) training school at 405 South Parliament Drive DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Conditional Change of Zoning from AG-1 Agricultural to Conditional R-15 Residential at 1864 Indian River Road (deferred December 10, 2013) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION 4. Applications of the City of Virginia Beach to: APPROVAL a. AMEND the Official Zoning Map re "CBC Central Business Core District" b. ADD Article 22, Sections 2200 through 2212 ESTABLISHING the Central Business Core District ADD, AMEND, REORDAIN, REPEAL or RENUMBER certain Sections to CONFORM to the provisions of Article 22 of the City Zoning Ordinance (CZO) re conformance d. AMEND the Pembroke Strategic Growth Area 4 Implementation Plan and the Policy Document of the Comprehensive Plan e. AMEND and REORDAIN Sections 5.5, 5.613 and 5.14 of the Site Plan Ordinance applicable to property within the District ESTABLISH Transition Rules for the review of Site Plans, Subdivision Plats and other plans for development g. AMEND Section 33-114.3 re encroachments by outdoor cafes, etc., within certain Zoning Districts RECOMMENDATION APPROVAL H ? O w a _ 0 v ? 0 c 0 w ? ? ? ? ? _ ? W ? ? pa y ro ?z w y QO ? N O? ?a '$ o ?c v ,o ,? o 30 ca . ?, N? , cR' , ?. CITY OF VIRGINIA BEACH AGENDA ITEM ? ITEM: ADVENTURE SPORTS PARK, LLC (Applicant) / KAMPGROUNDS OF AMERICA, INC. (Owner), Modification of Conditional Use Permit (campground) approved December 1969. 1304 Prosperity Road & 1252 Prosperity Road (GPINs 2415889903 [portion ofJ & 2415882856 [portion of]). BEACH DISTRICT. MEETING DATE: January 28, 2014 ¦ Background: This applicant is requesting a Modification of a Conditional Use Permit approved in 1969 for 307 campsites. The requested modification consists of the use of a portion of the site for an outdoor `paintball park'. The site has been previously used for paintball by obtaining a temporary Special Events Permit. ¦ Considerations: The proposed hours of operation are 9:00 a.m. to dusk. The use will occur throughout the year, with activities limited to Saturdays, Sundays, and holidays from October 1 through April 30. The Paintball Park will have finro types of fields. The first is a Woodland Field for games played in a wooded environment. The second is a Speedball Field for fast-paced games using inflatable obstacles. There will also be a laser tag area similar to speedball; however; this does not use paint and is intended for younger players. The `laser' used is not the type that can be used to `blind' a jet pilot. No site clearing or construction is proposed. A single 20-foot high net will separate the play area from the customer area and will remain up at all times. There will be a 12-foot net surrounding the speedball area. The narrative submitted as part of the application states that parking will be located at the existing KOA Campground parking areas and the participants will use the KOA Campground restroom facilities. The business will employ 8 to 10 people on a part-time basis, with 3 to 5 being present when the fields are open for play. This request is consistent with the recommended land use policies for Suburban Focus Area (SFA) 4.1 of the Comprehensive Plan, as outdoor recreation is one of several long-term preferred land use recommendations for the adjacent campground site. Additionally, a majority of the site is located in the Greater than 75 dB AICUZ noise zone, and outdoor recreation is a compatible use. The submitted site plan exhibits sensitivity to adjacent neighborhoods and property owners. The site is bordered on the north and east by Redwing Lake Golf Course. The nearest residential neighborhood is approximately 400 feet south of the designated paintball and laser tag area. There is a wooded buffer between Adventure Sports Park, LLC Page 2 of 2 the residential use and the paintball course. This buffer is more than adequate for visual and sound attenuation; however, to ensure the greatest degree of compatibility, staff has recommended Condition 1 below regarding hours of operation. Following discussions with the City Building Official, staff has concerns with the proposed arrangement regarding restroom facilities. ADA complaint restroom facilities must be provided on-site and within 500 feet of the recreation area. There are currently two portable bathroom units on site. The KOA full-service bathrooms are across Prosperity Road from the paintball course. As such, Condition 3 is recommended to address this issue. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: 1. The hours of operation of the paintball/laser tag areas shall be limited to 9:00 a.m. to dusk. 2. The paintball and laser tag areas (parking, play, and otherwise) shall be located in the area depicted on the submitted plan entitled, "Subdivision of Property Belonging to W.W. McClanan, Jr.", dated 1/21/1970, which has been displayed to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Any expansion beyond those limits depicted on the Plan shall require additional review and approval of a modification of these conditions by the City Council. 3. The applicant shall provide portable bathroom facilities on-site when the recreation area is in use. For large events and events advertised to the public, at least one ADA-compliant portable bathroom unit shall be provided. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De a ency: Planning Department City Manager: i. C. K 9EACM N!aK,1_9 Adventure S orts Park, L.L.C. . s Pi ' 1 AG2 R6D ? . P1 g > 75 dR .? AG2 yuteMldtary ai ReserveUon 02 4 ?> 70-75 dB Ldn {: . . 82 *+ ?? R5D P1 ,?. 62 . aa -?? - _ zo? •++??^^?"^^?*?°?'?•OO" Modl(eaNono/Conditions 5o.n hww.e? o.von.7 o..n.r. 2 December 11, 2013 Public Hearing APPLICANT: ADVENTURE SPORTS PARK, L.L.C. PROPERTY OWNER: KAMPGROUNDS OF AMERICA, INC. STAFF PLANNER: Kevin Kemp REQUEST: Modification of a Conditional Use Permit for 307 Campsites (approved by the City Council on December 8, 1969) ADDRESS / DESCRIPTION: 1252 & 1304 Prosperity Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24158899030000 BEACH 59.336 acres Greater than 75 dB DNL BACKGROUND / DETAILS OF PROPOSAL This applicant is requesting a Modification of a Conditional Use Permit approved in 1969 for 307 campsites. The requested modification consists of the use of a portion of the site for an outdoor `paintball park'. The site has been previously used for paintball by obtaining a temporary Special Events Permit. The proposed hours of operation are 9:00 a.m. to dusk. The use will occur throughout the year, with activities limited to Saturdays, Sundays, and holidays from October 1 through April 30. The Paintball Park will have two types of fields. The first is a Woodland Field for games played in a wooded environment. The second is a Speedball Field for fast-paced games using inflatable obstacles. There will also be a laser tag area similar to speedball, however; this does not use paint and is intended for younger players. No site clearing or construction is proposed. A single 20-foot high net will separate the play area from the customer area and will remain up at all times. There will be a 12-foot net surrounding the speedball area. The narrative submitted as part of the application states that parking will be located at the existing KOA Campground parking areas and the participants will use the KOA Campground restroom facilities. The ADVENTURE SPORTS PARK, L.L.C. Agenda Item 2 Page 1 business will employ 8 to 10 people on a part-time basis, with 3 to 5 being present when the fields are open for play. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: The site is currently being used as an outdoor recreational facility in association with the campgrounds. The areas on the site designated for paintball are currently set up for paintball games, being previously used through a Special Events Permit. SURROUNDING LAND North: . Redwing Lake Golf Course / P-1 Preservation District USE AND ZONING: . Knights of Columbus Lodge / AG-2 Agricultural District South: . Single-family homes / R-10 Residential District East: . Redwing Lake Golf Course / P-1 Preservation District West: . Prosperity Road • KOA Campground / AG-2 Agricultural District NATURAL RESOURCE AND The eastern portion of the site is predominately grass fields. The CULTURAL FEATURES: western portion of the site is undeveloped wooded area. The site is in the Southern Watershed. COMPREHENSIVE PLAN: The subject property is designated in the Comprehensive Plan as being part of the Suburban Area, and more specifically, Suburban Focus Area (SFA) 4.1 - General Booth Campgrounds. Along with the Holiday Trav-L Park, KOA Campground offers outdoor recreational activities for citizens and visitors to Virginia Beach and complements our City's recreational programs and the resort hospitality industry. The Comprehensive Plan recommendations for the SFA 4.1 state that outdoor recreational activities for both citizens and visitors are appropriate land uses for these sites. All uses must be AICUZ compatible. IMPACT ON CITY SERVICES WATER: City water is not available. Health Department approval is required for private wells. SEWER: City sanitary sewer is not available. Health Department approval is required for septic systems. Private grinder pumps and force main may be an option. ADVENTURE SPORTS PARK, L.L.C. Agenda Item 2 Page 2 EVALUATION AND RECOMMENDATION This applicant proposes an outdoor recreational business on the KOA campground property as an amenity for campers and use by the public. This request is consistent with the recommended land use policies for Suburban Focus Area (SFA) 4.1 of the Comprehensive Plan, as outdoor recreation is one of several long-term preferred land use recommendations for the adjacent campground site. Additionally, a majority of the site is located in the Greater than 75 dB AICUZ noise zone, and outdoor recreation is a compatible use. The submitted site plan exhibits sensitivity to adjacent neighborhoods and property owners. The site is bordered on the north and east by Redwing Lake Golf Course. The nearest residential neighborhood is approximately 400 feet south of the designated paintball and laser tag area. There is a wooded buffer between the residential use and the paintball course. This buffer is more than adequate for visual and sound attenuation; however, to ensure the greatest degree of compatibility, staff has recommended Condition 1 below regarding hours of operation. Following discussions with the City Building Official, staff has concerns with the proposed arrangement regarding restroom facilities. ADA complaint restroom facilities must be provided on-site and within 500 feet of the recreation area. There are currently two portable bathroom units on site. The KOA full-service bathrooms are across Prosperity Road from the paintball course. As such, Condition 3 is recommended to address this issue. Staff recommends approval with the conditions listed below. CONDITIONS 1. The hours of operation of the paintball/laser tag areas shall be limited to 9:00 a.m. to dusk. The paintball and laser tag areas (parking, play, and otherwise) shall be located in the area depicted on the submitted plan entitled, "Subdivision of Property Belonging to W.W. McClanan, Jr.", dated 1/21/1970, which has been displayed to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Any expansion beyond those limits depicted on the Plan shall require additional review and approval of a modification of these conditions by the City Council. 3. The applicant shall provide portable bathroom facilities on-site when the recreation area is in use. For large events and events advertised to the public, at least one ADA-compliant portable bathroom unit shall be provided. ADVENTURE SPORTS PARK, L.L.C. Agenda Item 2 Page 3 NOTE: Further condifions may be required during the administrafion of applicable City Ordinances and Sfandards. Any site plan submitted with this application may require revision during detailed sife plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Departmenf of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as fhey pertain to this site. ADVENTURE SPORTS PAR!(, L.L.C. Agenda Item 2 Page 4 ? ± r ? : .?. ?? - :• lk• .-1 -p. ?: ,\r?)# • ??+,h: ,?Il ? . ? ? k - ? w?1 ti,F ? I I,r? ? ? AERIAL OF SITE LOCATION ADVENTURE SPORTS PARK, L.L.C. Agenda Item 2 Page 5 ? ' n ? ? ,? ? ? • r •?S: = e '~ ?yl` 9?a- ? : j?4 a ? - t`-i' - ? A' e• e, _ a ' • ? ,? • cie a e pay? ? g?'A. ? ? • B - • - - ?e 'SL' .. .e. a: - ES°? g.?: S: ? roe . ,s ? • ^ 5?9; ?J' ?c • ? .. .' ,• €. ?\ !,e . e . i ?.., e =3: . . ? 4 I ? ? ? ? ¢ + SS8! A ` ? '/ J 1 C f ' \ ?s: ' ° ° ? ?'? ?r +1 ;i / / - .°. = p > ,?• ? S S . i s e 1!?/ y,?•;§!{`?V ?? °• ? ? , Wa t o ? <• ? - ? - ' ' a ? a k II I I? ? ?; 2 i.4 • i n la 1 7 ? ? 1 I• : i; -y' 1 tl Ii '^„ ? . • ;g " e(n ? o+v ^I ? 4? o J ,? 1`0 +? ? J/ _` s1 0? (\ ? I' • a?i 8 a\ t •^\?? ? ,' S ?"_•"_??.+? nmu ... FOPDC ? i g V ? s „ 7ROSCE A ItY ,?.? . 3 PROPOSED SITE LAYOUT I'ADVENTURE SPOR 'S PARK, L.L.C. Agenda Item 2 Page 6 y _ _ .? ZONING HISTORY # DATE REQUEST ACTION 1 03/13/2013 Conditional Use Permit Outdoor Recreation Facilit ) A roved 2 06/12/1989 Change of Zonin AG-1/AG-2 to R-10 A roved 3 06/09/1980 Chan e of Zonin I-2 to P-1 A roved 4 04/18/1977 Conditional Use Permit Miniature Golf Course A roved 03/15/1976 Conditional Use Permit Miniature Golf Course A roved 5 12/20/1976 Conditional Use Permit Lod e A roved 06/17/0974 Conditional Use Permit Lod e A proved 04/25/1974 Chan e of Zoning (A -1 to 0-1 Withdrawn 6 10/26/1971 Conditional Use Permit (Camp round A roved 7 05/12/1969 Conditional Use Permit Camp round) Ap roved 05/12/1969 Conditional Use Permit Racquet Club A proved 8 11/13/1968 Conditional Use Permit Land Use A roved ADVENTURE SPORTS PARK, L.L.C. Agenda Item 2 Page 7 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorpora#ed organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach lisf if necessary) Adventure Sports Park, LLC: Brad Kirkpatrick, Presideni; 5ondra Alger, Member; Colleen Kirkpatrick, Member 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Atfach list if necessary) ? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the foliowing: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Atfach lisf if necessary) Kampgrounds of America, Inc.: Pairick C. Hfttmaier, Presidenk John J. Burke, Treasurer; James D. Rogers, Dlrector; Oscar L. Tang, Director 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Atfach list if necessary) ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT ADVENTURE SPORTS PARK, L.L.C. Agenda Item 2 Page 8 ADDITIONAL DISCLOSURES List ali known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. Troutman Sanders, LLP '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent o# the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Z"Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entit+es; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.° See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTlFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Deparfinent of Planning to photograph andview the site for purposes of processing and evaluating this application. Adven;ture Sp;Xrt7'Par LLC Brad Kirkpatrick, President ? Applicant's Signature Print Name Kampgrounds of America, Inc. By. Terry Shade,.Vice Presi Property Owners Signature (if different than applicant) Print Name Modification of Conditions Application DISCLOSURE STATEMENT ADVENTURE SPORTS PARK, L.L.C. Agenda Item 2 Page 9 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. Troutman Sanders, LLP '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirec#ly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Z"Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity reiationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is othenrvise a close working relationship be#ween the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Brad Kirkpatrick, President Applic s nature Print Name KA PG U , INC. R. J. Nutter, II Pro e ner s igna r f different than applicant) Print Name DISCLOSURE STATEMENT ADVENTURE SPORTS PARK, L.L.C. Agenda Item 2 Page 10 Item #2 Adventure Sports Park Modification of Conditional Use Permit 1304 & 1252 Prosperity Road District 6 Beach December 11, 2013 CONSENT An application of Adventure Sports Park for a Modification of a Conditional Use Permit for 307 Campsites (approved by the City Council on December 8, 1969) on property located at 1252 & 1304 Prosperity Road, District 6, Beach. GPIN: 24158899030000. CONDITIONS 1. The hours of operation shall be limited to 9:00 a.m. to dusk. 2. The paintball and laser tag areas (parking, play, and otherwise) shall be located in the area depicted on the submitted plan entitled, „Subdivision of Property Belonging to W.W. McClanan, Jr.", dated 1/21/1970, which has been displayed to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Any expansion beyond those limits depicted on the Plan shall require additional review and approval of a modification of these conditions by the City Council. 3. The applicant shall provide portable bathroom facilities on-site when the recreation area is in use. For large events and events advertised to the public, at least one ADA-compliant portable bathroom unit shall be provided. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RI PLEY AYE RUCINSKI AYE RU550 ABSENT THORNTON ABSENT By a vote of 9-0, the Commission approved item 2 by consent. Item #2 Adventure Sports Park Page 2 Eddie Bourdon appeared before the Commission on behalf of the applicant. ? C ,O ?b ? ? _w ? ? fVA vI W ? 5 to IL 2 j C? ? L ? N ? O ?a ? ?o ? •? ?o a J ? c? ?t F ? ?TM ?# ???Xr ? CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: MAHESH GOPINATH (Applicant) / KELHAM PROPERTIES, LLC (Owner), Conditional Use Permit for vocational (dental assisting) training school. 405 S. Parliament Drive (GPIN 1466499573). KEMPSVILLE DISTRICT. MEETING DATE: January 28, 2014 ¦ Background: The applicant requests a Conditional Use Permit for a vocational school, specifically a dental assistant school. A dental office is proposed, operating as a matter of right under the current B-2 Community Business District zoning, in a portion of the first floor, and a dental assisting school is proposed to occupy the second floor above. A Conditional Use Permit is required for the vocational school (dental assistant school). ¦ Considerations: The existing two-story office building was constructed in 1968 and is in need of updating. The applicant has begun improvements to the interior and exterior of the building. A 443-square foot classroom, dental and x-ray labs, a kitchen/break room, an office, and common space are proposed as part of the school. Renovations that are currently underway for much of the building include the remodel of the fagade utilizing aluminum storefront windows with insulated glass, a brick base to the water-table level, and earth-tone exterior insulation finishing system (EIFS). The existing, 30-space parking lot will continue to serve the office uses as well as provide parking for the 16 students attending classes, typically on Fridays and Saturdays, between the hours of 9:00 a.m. to 1:00 p.m. There is ample parking for the school, the dental office, and other users in the building. As the site was initially developed in the late 1960s, the landscaping does not meet current ordinance requirements and standards. Based on current standards, conditions of approval are recommended below that require the enhancement of the streetscape landscaping (trees and shrubs) along Sir Barton and South Parliament Drives to screen the parking lot and a planted buffer (large evergreen shrubs) adjacent to the existing homes to the west. There was no opposition to the request. Mahesh Gopinath Page 2 of 2 ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: In accordance with the requirements of the City of Virginia Beach Landscaping Guide, streetscape landscaping shall be installed along South Parliament Drive and Sir Barton Drive to screen the parking lots from the public rights-of-way. Said plant materials shall be depicted on a plan and be submitted to the Department of Planning / Current Planning staff for review. 2. In accordance with the requirements of the City of Virginia Beach Landscaping Guide, Category I Landscaping shall be installed along the western property line for the length of the building to screen the subject site from the existing residential dwelling to the west. Said plant materials shall be depicted on a plan and be submitted to the Department of Planning / Current Planning staff for review. 3. The exterior of the building for the dental office and vocational school shall be renovated in substantial conformance with the building elevation rendering entitled, "Proposed Elevation," which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De e ency: Planning Departmen City Manager -DC t-\, ;EMPSVIILE Mahesh Go inath ? aye ? ..`'`• 62 g1* R10 pR?p??s RIO '4N/yF BR 07.5 82 , a? 82 ? _ : ?? ?' •,.b R7.6 c? ?.. -?... y, .. . •y R?:s B2 , ; • z.?.w? c?.4?+n?., ov.? CUP - School, Vocsfiond REQUEST: Conditionai Use Permit (vocational school - dental assistant) ADDRESS / DESCRIPTION: 405 South Parliament Drive 5 December 11, 2013 Public Hearing APPLICANT: MAHESH GOPINATH PROPERTY OWNER: KEHLAM PROPERTIES, LLC STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14664995730000 KEMPSVILLE 17,500 square feet Less than 65 d6 DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for a vocational school, specifically a dental assistant school. The existing "L"-shaped building, built in 1968, is occupied by office uses. While the footprint of the building is not proposed to change, the applicant proposes interior improvements, including conversion of a portion of the ground floor into a dental office and conversion of the second floor area directly above into a dental assisting school. A 443-square foot classroom, dental and x-ray labs, a kitchen/break room, an office, and common space are proposed as part of the school. Exterior renovations to the office building are currently underway, and include a remodel of the entire farade utilizing aluminum storefront windows with insulated glass, a brick base up to the water-table level, and earth-tone exterior insulation finishing system (EIFS). The existing, 30-space parking lot will continue to serve the office uses as well as provide parking for the 16 students attending classes, typically on Fridays and Saturdays, between the hours of 9:00 a.m. to 1:00 p.m. MAHESH GOPINATH Agenda Item 5 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: two-story office building, parking lot SURROUNDING LAND North: . Fuel sales / B-2 Community Business District USE AND ZONING: South: . Sir Barton Drive • Single-family dwelling / R-7.5 Residential District East: • South Parliament Drive . Mixed retail / B-2 Community Business District West: . Single-family dwellings / R-7.5 Residential District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. As the site is CULTURAL FEATURES: almost entirety impervious, there do not appear to be any natural or cultural resources on site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods, including non- residential areas. These policies call for new uses to maintain or enhance the quality of the area with attractive sites and buildings, and that projects be compatible with residential uses in respect to the type, size, and intensity of the proposed use. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Parliament Drive and Sir Barton Drive in the vicinity of this application are considered two-lane undivided local streets. They are not included in the MTP. There are no current Roadway CIP projects for the area surrounding the parcel. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic South Parliament No traffic counts are There is no capacity Existing Land Use - Drive and Sir available for these data available for 38 ADT Barton Drive roadways `local street' type Proposed Land Use 3 - 92 ADT Average Daily Trips Zas defined by office use 3as defined b office use, dental office and vocational school WATER & SEWER: This site is already connected to City water and sewer. There is an existing 5/8-inch meter that can be used or upgraded to accommodate the proposed renovations. Note that Pump Station 405 has existing capacity issues and may require system modification. MAHESH GOPINATH Agenda Item 5 Page 2 There is an existing six-inch City water main along South Parliament Drive and an existing six-inch water main in Sir Barton Drive. There two existing eight-inch City sanitary sewer gravity mains adjacent to the site: one along South Parliament Drive and one along Sir Barton Drive. EVALUATION AND RECOMMENDATION The existing two-story office building was constructed in 1968 and is in need of updating. The applicant has begun improvements to the interior and exterior of the building. A dental office is proposed, operating as a matter of right under the current B-2 Community Business District zoning, in a portion of the first floor, and a dental assisting school is proposed to occupy the second floor above. A Conditional Use Permit is required for the vocational school (dental assistant school). A 443-square foot classroom, dental and x-ray labs, a kitchen/break room, an office, and common space are proposed as part of the school. Renovations that are currently underway for much of the building include the remodel of the faCade utilizing aluminum storefront windows with insulated glass, a brick base to the water-table level, and earth-tone exterior insulation finishing system (EIFS). This proposed small schoot will have a maximum of 16 students and will utilize the existing, 30-space parking lot. There is ample parking for the school, the dental office, and other users in the building. As the site was initially developed in the late 1960s, the landscaping does not meet current ordinance requirements and standards. Based on current standards, conditions of approval are recommended below that require the enhancement of the streetscape landscaping (trees and shrubs) along Sir Barton and South Parliament Drives to screen the parking lot and a planted buffer (large evergreen shrubs) adjacent to the existing homes to the west. The proposal is consistent with the Comprehensive Plan's Suburban Area policies that recommend that new uses maintain or enhance the quality of the area with attractive site layouts and building designs, and that projects be compatible with residential uses with respect to the type, size, and intensity of the proposed use. This small vocational school blends well with the surrounding uses, including the neighboring residential homes, and is compatible with the scale and massing of the buildings in the vicinity of the site. Staff recommends approval subject to the following conditions. CONDITIONS 1. In accordance with the requirements of the City of Virginia Beach Landscaping Guide, streetscape landscaping shall be installed along South Parliament Drive and Sir Barton Drive to screen the parking lots from the public rights-of-way. Said plant materials shall be depicted on a plan and be submitted to the Department of Planning / Current Planning staff for review. In accordance with the requirements of the City of Virginia Beach Landscaping Guide, Category I Landscaping shall be installed along the western property line for the length of the building to screen the subject site from the existing residential dwelling to the west. Said plant materials MAHESH GOPINATH Agenda Item 5 Page 3 shall be depicted on a plan and be submitted to the Department of Planning / Current Planning staff for review. 3. The exterior of the building for the dental office and vocational school shall be renovated in substantial conformance with the building elevation rendering entitled, "Proposed Elevation," which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. NOTE: Further condifions may be required during the administrafion of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of P/anning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contacf and work with the Crime Prevenfion Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. MAHESH GOPINATH Agenda Item 5 Page 4 AERIAL OF SITE LOCATION MAHESH GOPINATH I Agenda Item 5 Page 5 i ? ? (.OB)3NlJOlN3WVilNVdN1llOS II r ..«..?. i L ?- '_,_ ?..? ' '. .. . . . _ .. . ` ? i r ? ?? e II f . . . . .. ', ?j Y / ' II I I', ? ? 5 ? ?- ---- ? ?. Q > y I I ! a y ?? ? ?. ? ? ? _... ?. -?=' I ? _??_? - ?-- --- ?? ? ?--- ? ' ---. - ?? ? ? d? • _--------------------- i SITE LAYOUT i ? ?'`?? MAH Agenda Item 5 Page 6 6UR Nkt'o PROPOSED ELEVATION MAHESH GOPINATH Agenda Item 5 Page 7 KEMPSVILLE . ? ,. _Nia? ?.-ks 1Vl?lllf? sII I.TU 111Q111 l?,3a ot t tica%e _.' ,, \ '' w,•. PR1N? ? . ?_s ? AN ? ' B2 r ? o ? ?~D BZ 42 , ~MF R o,P % .. .... \ R? 5 -92 • Zoning with CondiBonaiProflera, Open Space Promotton or PDH-2 Overlays CUP - SCh001, VOC8Il0/ ZONING HISTORY # DATE REQUEST ACTION 1 02/02/11 Conditional Use Permit church Granted 2 11/23/04 12/11/01 02/13/01 05/25/93 Conditional Use Permit (church) Conditional Use Permit (church) Conditional Use Permit (church) Conditional Use Permit (church Granted Granted Granted Granted 3 05/27/97 Rezoning (R-7.5 & B-2 to Conditional B-1 Granted 4 05/12/92 Conditional Use Permit auto repair) Granted r-.?.tiARFA?? MAHESH GOPINATH Agenda Item 5 Page 8 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Applicant: Mahesh Gopinath, Kleham Properties: Managing Member: Mahesh Gopinath, Member: Lekshmi Mahesh 2. List all businesses that have a parent-subsidiary' or affiliated business entityz relationship with the applicant: (Atfach list if necessary) ? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applrcant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc, below: (Attach list if necessary) 2. List all businesses #hat have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ? & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No _I If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT MAHESH GOPINATH Agenda Item 5 Page 9 i ? i ? ? ? ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) G8Ile1'al COntfaCtOr: Mid-Atlantic Building Seroices, 100 Aragona Blvd., Suite 102, Virginia Beach, VA 23462 ArChlteCt: Ivy Architectural Innovations, PC, 207 Business Park Drive, Suite 200, Virginia Beach, Virginia, 23462 ? ? ? ? ( °Parent-subsidiary relationship" means °a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2"Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a reqular basis; or there is otherwise a close workinq relationship CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to phpfograph and view the site for purposes of processing and evaluating this application. ApplicanYs i'7f? le-,s 1l Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT MAHESH GOPINATH Agenda Item 5 Page 10 Item #5 Mahesh Gopinath Conditional Use Permit 405 S. Parliament Drive District 2 Kempsville December 11, 2013 CONSENT An application of Mahesh Gopinath for a Conditional Use Permit (vocational school - dental assistant) on property located at 405 South Parliament Drive, District 2, Kempsville. GPIN: 14664995730000. CONDITIONS 1. In accordance with the requirements of the City of Virginia Beach Landscaping Guide, streetscape landscaping shall be installed along South Parliament Drive and Sir Barton Drive to screen the parking lots from the public rights-of-way. Said plant materials shall be depicted on a plan and be submitted to the Department of Planning / Current Planning staff for review. 2. In accordance with the requirements of the City of Virginia Beach Landscaping Guide, Category I Landscaping shall be installed along the western property line for the length of the building to screen the subject site from the existing residential dwelling to the west. Said plant materials shall be depicted on a plan and be submitted to the Department of Planning / Current Planning staff for review. 3. The exterior of the building for the dental office and vocational school shall be renovated in substantial conformance with the building elevation rendering entitled, "Proposed Elevation," which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LI VAS AYE REDMOND AYE RI PLEY AYE RUCINSKI AYE Item #5 Mahesh Gopinath Page 2 RUSSO THORNTON By a vote of 9-0, the Commission approved item 5 by consent. ABSENT ABSENT The applicant Mahesh Gopinath appeared before the Commission. ? . . • ? Y C I . W ? z oc ? ? W ? Z i d ? ti ? ? t0 ? 4 ? 'CJ ? O U 10 N ? C9 ? *a ? ? C9 a ? a ? ? s? z U tm _ ,.. C 0 N ? co ? O ? ? ? O U ? d Qa h ? ro ? j ? O ? ? N y Z O? ?a b `o o c u° ?o ?o .C4d N? . c?i' t[w r,?s(, C?4 aq.?w? .j CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: HOME ASSOCIATES OF VIRGINIA, INC. (Applicant & Owner), Conditional Chanqe of Zoninq, AG-1 Agricultural to Conditional R-15 Residential. 1864 Indian River Road (GPIN 2413225595). PRINCESS ANNE DISTRICT. MEETING DATE: January 28, 2014 ¦ Background: This application was deferred by the City Council on December 10, 2013. The applicant requested that the item be returned to the City Council for consideration. A new public notice sign was posted on the property with the new public hearing date, adjacent property owners have been notified, and the item has been advertised as required in the Virginian-Pilot. The applicant proposes to rezone a 6.05-acre parcel, currently zoned AG-1 and AG-2 Agricultural Districts, to Conditional R-15 Residential District in order to create six lots, a minimum of 15,000 square feet in size, for single-family dwellings. ¦ Considerations: The proffered site layout depicts a 50-foot wide, public right-of-way (cul-de-sac) intersecting Indian River Road. At the top of the cul-de-sac, a 50-foot wide reservation will be established for future right-of-way. This reservation will be recorded on the final plat and will provide future connectivity to the currently undeveloped site to the east. The entrance into the development is designed with stormwater management ponds on either side of the road, functioning as both visual and stormwater management amenities. Consistent with the recommendations for the Comprehensive Plan and the Transition Area Guidelines, the site layout depicts 52 percent of the property as open space. This open space includes a 150-foot wide Transition Area buffer along Indian River Road, to be dedicated to the City, and over two acres of open space on the northern portion of the property, to be owned and maintained by the Property Owners' Association. Total proposed open space for the site is proposed as 3.14 acres. A multi-use trail, accessible to the public, is proposed within the Transition Area buffer and is designed for future connections in the event the adjacent properties develop. The area within the Transition Area buffer will be the more formal of the open spaces, while the open space to the north will be left in its natural state with only selective clearing of understory trees and Home Associates of Virginia, Inc. Page 2 of 4 brush. A 10-foot wide planted area is shown along the western property line to provide a buffer between the proposed lots and the existing United States Coast Guard communication towers to the west. A Landscape Plan for the entire property is proffered to be completed and submitted during final site plan review and will reflect these requirements. The proffered building elevations are suggestive of the semi-rural character of the Transition Area. The primary building material is proffered as cement fiber- board (e.g. HardiePlank), consistent with the Comprehensive Plan's recommendation of the use of high quality materials. The proffers require that all front yards be sodded and that dwellings have minimum floor area: one-story dwellings must contain no less than 1,800 square feet of enclosed living area, excluding garage area and two-story dwellings must contain no less than 2,100 square feet of enclosed living area, excluding garage area. The applicant has also proffered that $500.00 per lot will be paid to the City for acquisition of property for open space preservation, pursuant to the City's Outdoors Plan. It is Staff's finding that the proposal blends well with the existing area; is respectful of the rural character along this portion of Indian River Road; is designed with future connectivity to adjacent properties for vehicles and pedestrians; facilitates future preservation of the northern wooded areas; positions stormwater management facilities as visual, open space amenities; is consistent with both the AICUZ Overlay Ordinance and the Comprehensive Plan's density recommendations; and, places no detrimental burden on the capacity of roadways and other infrastructure in the Transition Area. There was no opposition to the request. ¦ Recommendations: The Planning Commission, passing a motion by a recorded vote of 11-0, recommends approval of this request to the City Council with the following proffers: PROFFER 1: When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than six (6) building lots substantially in conformance with the Exhibit entitled "Conceptual Site & Landscape Plan Of Pungo Village Indian River Road, Virginia Beach, VA", dated 07/15/13, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Land Use Plan"). PROFFER 2: When the Property is developed, the "150' TRANSITION AREA BUFFER" as designated on the Land Use Plan shall be improved as depicted and described on Home Associates of Virginia, Inc. Page 3 of 4 the Land Use Plan by the Grantor and dedicated to the Grantee for public use as a multipurpose trail and Open Space consistent with the Grantee's Comprehensive Land Use Plan. PROFFER 3: When the Property is developed, approximately 3.499 acres will be set aside as open space and ponds as depicted on the Land Use Plan. The Open Space depicted to the north of the homes will be natural areas with existing healthy trees to be retained and selective clearing of under-story permitted. The Open Space between the homes and Princess Anne Road including the 1 50' TRANSITION AREA BUFFER" shall be grassed. The 1 50' TRANSITION AREA BUFFER" as depicted on the Land Use Plan shall be dedicated to the Grantee and all of the remaining Open Spaces shall be dedicated to and maintained by the Property Owners' Association. PROFFER 4: When the Property is subdivided, the residential building lots shall have a minimum of 15,000 square feet and they shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners' Association, to which membership is mandatory. The Property Owners' Association shall be responsible for maintaining all Open Space Areas, Common Areas and easements. The Deed Restrictions shall prohibit the operation of motorcycles or all-terrain vehicles ("ATVs") within the Open Space Areas. PROFFER 5: All residential dwellings constructed on the Property shall have cement fiber board exterior surFaces, excluding roof, trim, windows, and doors. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted and designated on the five (5) Exhibits designated "CONCEPTUAL ELEVATIONS FOR PUNGO VILLAGE HOMES" dated July 15, 2013, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). Any one-story dwelling shall contain no less than 1,800 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2,100 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a 350 square foot garage. PROFFER 6: A detailed landscaping plan for all open space areas shall be submitted to the Director of the Department of Planning, or his designee, for review and approval prior to subdivision approval. Home Associates of Virginia, Inc. Page 4 of 4 PROFFER 7: The Grantor recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on December 2, 2003. In addition to integrating significant open spaces with a low density, high quality, housing component as specified in the Comprehensive Plan, the Grantor agrees to contribute the sum of Five Hundred Dollars ($500.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the Grantor in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. PROFFER 8: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-15 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De ncy: Planning Departmen City Manager: '??CJ,11 PRINCESS ANNE K-14 Home Associates of Vir inia, [nc. A/B Nd 10 Sca§ ? AG2 Sub Area 2 ' B2 : PUNGO AIR FIELD AG1 ; AG1 - -- abandonta) 82 , ?y J AG2 62 AG2 67 AG2 „ R RD , B2. AG2 ; G2 5-70 dB Ldri ; • , ? AG2• /A62 , B2 81 ??.A? • AG1' AG1 . Condifionaf Zonin9 Chan9e hom AG4 d AG-2 to CondNional R-15 sa?.?w?..rox.:o..na• aav , ayk wY..1 a.- v?. o...ry 1 November 13, 2013 Public Hearing APPLICANT & PROPERTY OWNER: HOME ASSOCIATES OF VIRGINIA, INC. STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Chanqe of Zonina (AG-1 & AG-2 Agricultural Districts to Conditional R-15 Residential District) ADDRESS / DESCRIPTION: 1864 Indian River Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24132255950000 PRINCESS ANNE 6.05 acres Less than 65 dB DNL 65 - 70 d6 DNL, Sub Area 2 BACKGROUND / DETAILS OF PROPOSAL The applicant proposes to rezone a 6.05-acre parcel zoned AG-1 and AG-2 Agricultural Districts to Conditional R-15 Residential District in order to create six lots, a minimum of 15,000 square feet in size, for single-family dwellings. The proffered site layout depicts a 50-foot wide, public right-of-way (cul-de- sac) intersecting Indian River Road. At the top of the cul-de-sac, a 50-foot wide reservation will be established for future right-of-way. This reservation will be recorded on the final plat and will provide future connectivity to the currently undeveloped site to the east. The entrance into the development is designed with stormwater management ponds on either side of the road, functioning as both visual and stormwater management amenities. Consistent with the recommendations for the Comprehensive Plan and the Transition Area Guidelines, the site layout depicts 52 percent of the property as open space. This open space includes a 150-foot wide Transition Area buffer along Indian River Road, to be dedicated to the City, and over two acres of open space on the northern portion of the property, to be owned and maintained by the Property Owners' Association. Total proposed open space for the site is proposed as 3.14 acres. A multi-use trail, accessible to the public, is proposed within the Transition Area buffer and is designed for future connections in the event the adjacent properties develop. The area within the Transition Area buffer will be the more formal of the open spaces, while the open space to the north will be left in its natural state with only selective clearing of understory trees and brush. A 10-foot wide planted area is shown along the HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 1 western property line to provide a buffer between the proposed lots and the existing United States Coast Guard communication towers to the west. A Landscape Plan for the entire property is proffered to be completed and submitted during final site plan review and will reflect these requirements. The proffered building elevations are suggestive of the semi-rural character of the Transition Area. The primary building material is proffered as cement fiber-board (e.g. HardiePlank), consistent with the Comprehensive Plan's recommendation of the use of high quality materials. The proffers require that all front yards be sodded and that dwellings have minimum floor area: one-story dwellings must contain no less than 1,800 square feet of enclosed living area, excluding garage area and two-story dwellings must contain no less than 2,100 square feet of enclosed living area, excluding garage area. The applicant has also proffered that $500.00 per lot will be paid to the City for acquisition of property for open space preservation, pursuant to the City's Outdoors Plan. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: single-family dwelling SURROUNDING LAND North: . Portion of Former Pungo Airfield (U.S. Coast Guard USE AND ZONING: Communication Station), agricultural fields / AG-1 Agricultural District South: . Indian River Road • Single-family dwellings / AG-2 Agricultural District East: . Wooded parcel / AG-2 Agricultural District West: • Portion of Former Pungo Airfield (U.S. Coast Guard Communication Station) / AG-2 Agricultural District NATURAL RESOURCE AND The site is partially wooded and within the Southern Watersheds CULTURAL FEATURES: Management Area. Much of the property designated as open space on the proffered plan has mature trees that will remain undisturbed, other than selective clearing of dead trees and underbrush. There do not appear to be any significant cultural features on the site. COMPREHENSIVE PLAN: This property is located in the Transition Area, an area that lies between the more densely developed Suburban Area and the low-density Rural Area of the city. The Comprehensive Plan states that the Transition Area should not become as suburbanized as properties north of the Green Line nor should it be limited to very low densities as is the southern, rural portion of Virginia Beach. Instead, land use in the Transition Area is recommended for well-planned, clustered development that protects open space, optimizes site amenity and design opportunities, and limits densities to an average of no more than one dwelling unit per acre. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road is a two-lane, rural highway with a variable width right-of-way. This portion of Indian River Road is not included on the City's MTP. There are currently no Roadway CIP projects planned for this roadway. HOME ASSOCIATES OF VIRGINIA, INC Agenda ltem 1 Page 2 TRAFFIC: Street Name Present Volume present Capacity Generated Traffic Indian River Road 3,085 ADT 7,400 ADT (Level of Existing Land Use - 10 Service "C") - 12,000 ADT ADT' (Level of Service Proposed Land Use 3- 57 "D" ADT Average Daily Trips 2 as defined by 6 acres of agriculturally zoned property 3 as defined b six sin le-famil dwellin s WATER & SEWER: City water and sanitary sewer are not available. Well water is proposed for the new dwellings. According to the applicant's consultant, all of the proposed lots appear to have soils unsuitable to support conventional onsite sewage disposal systems. The Virginia Department of Health Alternative Onsite Sewage Disposal Regulations do allow for the installation of alternative systems in order to accommodate residential sewage. Based on this, the wastewater treatment for Lots 1, 2 and 3 will likely involve an alternative sewage disposal system utilizing standard septic tanks, treatment modules providing Level 3 quality effluents, time dosing pump chambers and shallow placed effluent infiltration pads. The consultant has also indicated that Lots 4, 5 and 6 have a seasonal high water table at or near the ground surface, making the sites unsuitable for either a conventional or an alternative sewage disposal system as described above. Under the provisions of House Bill 1166, the Health Department may permit an engineered wastewater disposal system, best characterized as a drip disposal system. These systems dispose of treated and disinfected effluent in an elevated, sand mound. Each system would include a 1,000 gallon septic tank, treatment devices such as an aerobic treatment unit, ultraviolet disinfection lights, and a disposal field within an elevated sand-backfilled mound. All on-site sanitary sewer treatment, regardless of the system, as well as wells for water will require review and ultimately approval by the Health Department prior to the approval of a site plan by the Development Services Center. SCHOOLS: School EnrCurrent ollm nt Capacity Generation' Creeds Elementary 296 360 2 Princess Anne Middle 1,414 1,456 1 Kellam High 1,833 1,961 2 "generation" represents the number of students that the development will add to the school EVALUATION AND RECOMMENDATION Chapter 4 of the Comprehensive Plan characterizes this portion of the Transition Area as a"patchwork of smaller, undeveloped properties...." These properties, for the most part, are located outside of AICUZ impact areas, meaning air operations conducted from NAS Oceana and Fentress Airfield will not negatively impact future residents. The proposed rezoning is consistent with the provisions of Section 1804 of the City Zoning Ordinance pertaining to discretionary development applications in AICUZ areas. While the upper.a:98-acres of the northwest corner of this site does lie within the 65 to 70 d6 DNL AICUZ (Sub-area 2), the proffered plan HOME ASSOCIATES OF VIRGINIA, INC Agenda ltem 1 Page 3 proposes to leave the area as natural open space; therefore, the vast majority of the site in the lowest AICUZ of Less than 65 dB DNL. The Comprehensive Plan purposely recommends a lower density for new development in the Transition Area. The Plan recommends that residential development have a maximum average density of one dwelling unit per acre. With an overall density of 1.01 units per acre, the number of proposed dwellings is consistent with the recommendation for new residential developments in the Transition Area. This lower density minimizes the level of impact on existing public infrastructure; avoids the need for the higher level and more expensive improvements associated with urban development; and, in keeping with the intent of the Green Line, ensures that citizens in other parts of the city will not be subsidizing capital improvements to support higher density development in rural Virginia Beach. The Comprehensive Plan states that "Development in the Transition Area is not to be considered as a continuation of the higher density growth as experienced in the in the northern urban area ...." The Transition Area is viewed not as a continuation of the urban areas to the north or the rural areas to the south, but as a transitional zone between the two. To further this concept, the Transition Area Guidelines were established to ensure that growth in this area is suited to the character of the area and respectful of environmental features. The Transition Area Matrix at the end of the report describes how the proposal addresses the three important components of project design: Natural Resources, Amenity, and Design. It is Staff's finding that the proposal blends well with the existing area; is respectful of the rural character along this portion of Indian River Road; is designed with future connectivity to adjacent properties for vehicles and pedestrians; facilitates future preservation of the northern wooded areas; positions stormwater management facilities as visual, open space amenities; is consistent with both the AICUZ Overlay Ordinance and the Comprehensive Plan's density recommendations; and, places no detrimental burden on the capacity of roadways and other infrastructure in the Transition Area. Based on this evaluation, Staff recommends approval of the application subject to the proffers below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than six (6) building lots substantially in conformance with the Exhibit entitled "Conceptual Site & Landscape Plan Of Pungo Village Indian River Road, Virginia Beach, VA", dated 07/15/13, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Land Use Plan"). PROFFER 2: When the Property is developed, the "150' TRANSITION AREA BUFFER" as designated on the Land Use Plan shall be improved as depicted and described on the Land Use Plan by the Grantor and dedica#ed to the Grantee for public use as a multipurpose trail and Open Space consistent with the Grantee's Comprehensive HOME ASSOCIATES OF VIRGINIA, INC Agenda ltem 1 Page 4 Land Use Plan. PROFFER 3: When the Property is developed, approximately 3.499 acres will be set aside as open space and ponds as depicted on the Land Use Plan. The Open Space depicted to the north of the homes will be natural areas with existing healthy trees to be retained and selective clearing of under-story permitted. The Open Space between the homes and Princess Anne Road including the "150' TRANSITION AREA BUFFER" shall be grassed. The "150' TRANSITION AREA BUFFER" as depicted on the Land Use Plan shall be dedicated to the Grantee and all of the remaining Open Spaces shall be dedicated to and maintained by the Property Owners' Association. PROFFER 4: When the Property is subdivided, the residential building lots shall have a minimum of 15,000 square feet and they shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners' Association, to which membership is mandatory. The Property Owners' Association shall be responsible for maintaining all Open Space Areas, Common Areas and easements. The Deed Restrictions shall prohibit the operation of motorcycles or all-terrain vehicles ("ATVs") within the Open Space Areas. PROFFER 5: All residential dwellings constructed on the Property shall have cement fiber board exterior surfaces, excluding roof, trim, windows, and doors. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted and designated on the five (5) Exhibits designated "CONCEPTUAL ELEVATIONS FOR PUNGO VILLAGE HOMES" dated July 15, 2013, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). Any one-story dwelling shall contain no less than 1,800 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2,100 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a 350 square foot garage. PROFFER 6: A detailed landscaping plan for all open space areas shall be submitted to the Director of the Department of Planning, or his designee, for review and approval prior to subdivision approval. PROFFER 7: The Grantor recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on December 2, 2003. In addition to integrating significant open spaces with a low density, high quality, housing component as specified in the Comprehensive Plan, the Grantor agrees to contribute the sum of Five Hundred Dollars ($500.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the Grantor in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. PROFFER 8: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-15 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. HOME ASSOCIATES OF VIRGINIA, INC Agenda ltem 1 Page 5 STAFF COMMENTS: The proffers listed above are acceptable. They ensure that the proposed density and dwellings' designs will complement the Transition Area and that rural vistas and open spaces are protected. The City Attorney's Office has reviewed the proffer agreement dated July 29, 2013, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of P/anning / Development Services Center and Deparfinent of P/anning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Offi'ce within the Police Departmenf for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. HOME ASSOCIATES OF VIRGINIA, INC Agenda ltem 1 Page 6 ? v 24 a ? ?Z N> a .r; . ? r , ce .? . ? y O - ? ??,.. ,..? t? 7r.. ?.. AERIAL OF SITE LOCATION n? HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 7 ? ? ? ? a d a ? ?v ?ro o ._ ? ?o? b? ? c? u ' b /?1 A 'O tj y U a h ? < ^ o?; ?n ? I? Ln * ^ * ' ? °?' `o 0 , .. ? ? ? yN v N o 4; U ^bb a u ? N< m C ? ` a 'C a G C LL N? c C `'9 o N ? 0 ro a N ? ? y?Zaa v? u-?i U u'S a? o°JC ? ' 1 ?1y Y N I ;f-i? PROPOSED SITE LAYOUT ? HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 8 a ; - ? M' J ?. _ :- HOME ASSOCIATES cn W C Q _ W V O Q LL ? Z J O- a .? > W 0 :_ > d Z m W °a>= PROPOSED BUILDING ELEVATION VIRGINIA, INC Agenda Item 1 Page 9 (A W C 0 _ W V C Q LL J Z J C ? > W O . > ~ Z m W o ?_. PROPOSED BUILDING ELEVATION HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 10 ?. x . 1 .s , ?' - ? - W .??, ? ¦ ? ? ? ? ¦ -- _ W ----- ? t : U (j s ? °a>= 21 if? ? PROPOSED BUILDING E HOME ASSOCIATES OF VI LEVATION YIA, INC a Item 1 Page 11 , , .?,. y ? ? ?. F tn W C 0 _ W V O Q LL J Z J O- < > > W O ? °Z - i ? ?- ?a ?- a 5?- 3? ?.r PROPOSED BUILDING ELEVATION HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 12 LA W C 0 W u ?Q - J 7 J C ? ..O' :U- WZ° oa?_ s_ ¦- a? PROPOSED BUILDING ELEVATION HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 13 ZONING HISTORY # DATE REQUEST ACTION 1 09/24/13 07/07/09 08/10/93 Modification of Conditions Conditional Use Permit (outdoor recreational facility) Conditional Use Permit firewood preparation Granted Granted Granted 2 04/24/12 Rezoning (B-2 & AG-2 to Conditional B-2) Conditional Use Permit automobile service station Granted Granted 3 07/14/09 Conditional Use Permit residential kennel Granted 4 06/22/04 Rezoning ( AG-2 to Conditional B-2) Conditional Use Permit (mini warehouse Granted Granted 5 10/14/03 Conditional Use Permit (art aller Granted 6 07/11/00 Conditional Use Permit auto detailin Granted 7 10/28/97 03/16/87 Conditional Use Permit (church addition) Conditional Use Permit church addition Granted Granted 8 09/23/97 Subdivision Variance 9 12/11/89 Conditional Use Permit duplex Granted 10 08/14/89 Subdivision Variance Granted 11 12/19/88 Rezonin (AG-2 to B-2 Granted 12 10/24/88 Conditional Use Permit (fuel pumps) Granted HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 14 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list it'necessary) Home Associates of Virginia, Inc.: James M. Arnhold, Chairman; Robert L. Prodan, II, President; Brenda Caruana, Vice PresidenUSecretary/Treasurer 2. List all businesses that have a parent-subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) ? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if properfy owner is different from app(icant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEINlENT HOME ASSOCIATES OF VIRGINIA, INC ? Agenda ltem 1 Page 15 + ? ? i ? t ? ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. MSA, P.C. Bob Willoughby Shuttleworth, Ruloff '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Confiict of Interests Act, Va. Code § 2.2-3101. Z"Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ? ? 1 op 1 ? CERTIFICATION: I cerfify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of a nd view the site for purposes of processing and evaluating this application. Planning to phonA I/P Brenda Caruana, Vice President Applicant's Signatur Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT HOME ASSOCIATES OF VIRGINIA, INC Agenda l#em 1 F?age 16 Item # 1 Homes Associates of Virginia, Inc. Page 2 Committee over a month ago, to let the condition #1, or excuse me, the statement # 1, that we just absolutely disagree with says that "this project will set an undesirable precedent for small disconnected subdivisions, along Indian River Road and other areas within the Transition Area, each with individual street entrances". Well, if we could put the composite map up there, I think that it's instructive of something that's important to look at but, because of the situation in terms of this property's surroundings, we cannot assemble any additional property, at this time, and we have provided for the opportunity for the City to control any future development to the east using the entrance here. It's a public street that we are proposing, on this, this site. The interesting thing, well, I find it interesting, is north of Indian River Road, and again, we're Pungo Village, and we want to have the development, in the area near the village and not in the rural agricultural area where there's farms, active farming operations going on. There are today, two houses, in the Transition Area, on the north side. There are actually eight or nine on the south side of Indian River adjacent to Indian River Road below the blue line, including four single-family residences, on 2.6, roughly 2.6 acres of land, directly across the street, stripping out the street, with four driveways and four houses. At the density that exist right here that would apply, in the transition area, above the blue line; we would be talking about nine houses and no open space. We're proposing six homes with 52 percent open space and a 50 foot right- of-way connection to the property to the east, if you include that as open space, and we're 3 and %z plus acres of open space. The homes are appropriately designed, and they're attractive homes. There was a comment in here, also about the septic systems and the folks from MSA are here to speak those questions, if anybody has any. But, that's obviously a situation that we know they'll be able to get approvai, their Health Department approval, soil work that has to be done, but all of that work is done after the zoning is approved. If they can't get the approvals, then they can't develop the property. But, there, we don't have any heartburn or doubt about that being the case, but you don't make people go out and spend 10's of thousands of dollars getting a lot of detailed work done until you have the zoning in place and we all understand that that's the way the system works and has always worked. So, that was one of the other issues that was raised in that letter about wanting an applicant to have to go out and do all this highly technical and expensive work before you even have the zoning in place, and that is, that is just not the way that the process has ever worked in the, in the past. So, with that I'll be happy to answer any question. Proffered, everything, everything is recommended for approval by your staff, and we hope that the commission will follow their recommendation. Thank you. Jay Bernas: Does anyone have any questions? Ok, you don't even have to stand by for a rebuttal, because I don't think we have any speakers. Chris Felton: Unless, Mr. Fulbright still needed to speak, but.... Jason Fulbright: Oh, no sir. Eddie Bourdon: Oh, he was just here in case you had any technical questions. Someone from the audience screamed out (Doris King)...Well, I have a question. Item # 1 Homes Associates of Virginia, Inc. Page 3 Jay Bernas: Uh, hang on, did you want to come speak. Audience member (Doris King): No, I just have some questions. Jay Bernas: Well, okay, maybe he can, uh, talk with you, um, after. Donald Horsley: Let her come up and ask it. Jay Bernas: But, if she's not opposed, so...... Audience member (Doris King): I am opposed. Jay Bernas: Oh, well, do you want to come speak, please, well you can fill out a card later. So, please come forward. Audience Member (Doris King): Please excuse my sunglasses, they're prescription. Jay Bernas: It's alright, Please state your name? Doris King: My Name is Doris King. I live on Indian River Road. I just have a question about the septic system. I wondered what the regulations were, regarding acreage and septic systems in the area, since it's a low area, which floods regularly with bad storms. I'm opposed to have septic systems on just one acre, and the existing homes he spoke about have been there for a long, long time, some of them, dating back, 50 or 60 years, the ones that are right there in the vicinity of this development. I also feel that, ya know, it interferes with the rural feel and concept of Pungo. We live on three and a half acres, and we can't build anything or put any other septic system on that. And I'm surprised more neighbors haven't been down here, because a lot of them have talked about it and opposed it, but they didn't bother to come. 1ay Bernas: Okay, does anyone have any questions for Ms. King? Jay Bernas: Okay, we'll give the applicant a chance for rebuttal. Jay Bernas: Can you address the septic tank issue and the rural character, maybe? Eddie Bourdon: The property, the property is not in a floodplain, at all. There is a, a high water table on the property, on part of the property, and that's why the alternative effluent disposal system, as described in your write up, will be used. That's for the State Health Department, provides that opportunity for expensive systems. This doesn't deal with Land Management scenario, where you have 3 acres, and if you spread it out on top of the ground, and let it evaporate and absorb. This is highly technical. It's like $18,000 per system that they will be using, approved by the State Health Department. There is a lot of soil work that has to be done to make sure that all, all wili work, and we're quite confident, if you want to hear from Mr. Item # 1 Homes Associates of Virginia, Inc. Page 4 Fulbright that, that would be the case. The other, the other three, there is a more standard, not totally standard, for the septic system, with a drip system, in order to cluster the, the homes, which is what the Transition Area, wants to have happen, rather than strip out the roadways, which we don't want to have happen, which is what exists there, pointing to south side of Indian River Road, in part, because of a lot of development took place there, decades and decades ago. We're creating the feel that we have everything set back, back with open space along the road and the trail system along the road, for future connectivity on either side, all of the things that has been done in the other developments within the Transition Area and have been approved previously. It is a somewhat smaller site than most of the others, but that is because of the constraints that are presented by the location and with the federal property on two of the three sides. I hope that answers the question, and if you want to have more technical discussion about the septic system, then Jason can respond. Jay Bernas: So, and just to clarify this, the Health Department is primarily responsible for septic systems? Eddie Bourdon: That, that is absolutely correct. 1ay Bernas: I just hope that she understands that we are looking at land use issues, and septic tanks are Health Department. Eddie Bourdon: That, that is absolutely correct, Mr. Bernas. Jay Bernas: Any other questions? Okay, the hearing is closed, and we will open it up for discussion amongst the commissioners or I'll entertain a motion. Donald Horsley: Mr. Chairman, I'll, I'll start. This application, that staff has reiterated time and again, that it is consistent with the recommendation of the Comp Plan and the Transition Area Guidelines, and we understand the ladies concern with the septic system, but they, they're in the hands of the State Health Department. Things have changed a lot since these homes were built, many years ago, and you said some of them 60 years ago or whatever. You said you live on a 3 acre parcel. Ya know, we use to, we had Land Management where we could do that, as Mr. Bourdon mentioned a few minutes ago, but there's new and better technology now, where we can have different types of septic systems and the Health Department has approved them, and that, they seem to be working very well, from all indications. So, well, based on that, I don't think we're setting a precedent. Anything, precedent has already been set before. So, I would make a motion that the application be approved. Jay Bernas: So, we have a motion for approval made by Commissioner Horsley, do I have a second? Albert Henley: Second. Jay Bernas: Seconded by Commissioner Henley. Is there any further discussion? Item # 1 Homes Associates of Virginia, Inc. Page 5 Donald Horsley: I think Bob wanted to. Bob Thornton: Oh. No, I was seconding, but he got it. Jay Bernas: Alright, we're now ready to vote. Edward Weeden: Vote is open. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE Edward Weeden: By a vote of 11-0, the Commission has approved Item 1, Home Associates of Virginia. Eddie Bourdon: Thank y'all very much. r?G`NIA?I3?Ac? ?0????''1`r ???•PG? i ? '. J ?mlj ? ? l Q?<,t Y? yr. `Y"t' 2 ? S .?F OUN NAT?? ? In Reply Refer To Our File No. DF-8864 TO: Mark D. Stiles,---.\ FROM: B. Kay Wilson?'V CITY OF VIRGINIA BEACH INTER-OFPICE CORRESPONDENCE DATE: January 17, 2014 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Home Associates of Virginia, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 28, 2014. I have reviewed the subject proffer agreement, dated July 29, 2013 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of July, 2013, by and between HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation ("Home"), Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 6.05 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference, which is herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from AGi Agricultural District to Conditional R-15 Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 2413-22-5595 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 VSB #22i6o 1 WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-15 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro cuo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title and which will not be required of the Grantor until the Property is developed: i. When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than six (6) building lots substantially in conformance with the Exhibit entitled "Conceptual Site & Landscape Plan Of Pungo Village Indian River Road, Virginia Beach, VA", dated 07/15/13, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Land Use Plan"). 2. When the Property is developed, the "15o' TRANSITION AREA BUFFER" as designated on the Land Use Plan shall be improved as depicted and described on the Land 2 Use Plan by the Grantor and dedicated to the Grantee for public use as a multipurpose trail and Open Space consistent with the Grantee's Comprehensive Land Use Plan. 3. When the Property is developed, approximately 3•499 acres will be set aside as open space and ponds as depicted on the Land Use Plan. The Open Space depicted to the north of the homes will be natural areas with existing healthy trees to be retained and selective clearing of under-story permitted. The Open Space between the homes and Princess Anne Road including the "150' TRANSITION AREA BUFFER" shall be grassed. The "150' TRANSITION AREA BUFFER" as depicted on the Land Use Plan shall be dedicated to the Grantee and all of the remaining Open Spaces shall be dedicated to and maintained by the Property Owners' Association. 4. When the Property is subdivided, the residential building lots shall have a minimum of 15,000 square feet and they shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners' Association, to which membership is mandatory. The Property Owners' Association shall be responsible for maintaining all Open Space Areas, Common Areas and easements. The Deed Restrictions shall prohibit the operation of motorcycles or all terrain vehicles ("ATVs") within the Open Space Areas. 5. All residential dwellings constructed on the Property shall have cement fiber board exterior surfaces, excluding roof, trim, windows, and doors. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted and designated on the five (5) Exhibits designated "CONCEPTUAL ELEVATIONS FOR PUNGO VILLAGE HOMES" dated July 15, 2oi3, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). Any one story dwelling shall contain no less than 180o square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2100 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a 350 square foot garage. 6. A detailed landscaping plan for all open space areas shall be submitted to the Director of the Department of Planning, or his designee, for review and approval prior to subdivision approval. 7. The Grantor recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on 3 December 2, 2003. In addition to integrating significant open spaces with a low density, high quality, housing component as specified in the Comprehensive Plan, the Grantor agrees to contribute the sum of Five Hundred Dollars ($500.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the Grantor in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. 8. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-15 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: 4 (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 5 WITNESS the following signature and seal: Grantor: Home Associates of Virginia, Inc., a Virginia corporation By; (SEaL) Brenda Caruana, Vice President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of July, 2013, by Brenda Caruana, Vice President of Home Associates of Virginia, Inc., a Virginia corporation, Grantor. Notary Public My Commission Expires: Notary Registration Number: 6 EXHIBIT "A" ALL THAT certain lot or piece or parcel of land situate in the City of Virginia Beach, Virginia, known and described by metes and bounds containing "6.049 acre", more or less, as shown on that certain plat of survey entitled "SUBDIVISION OF MELVIN D. ULREY PROPERTY ON INDIAN RIVER ROAD, Pungo Borough, Virginia Beach, Virginia", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 94, at Page 29. GPIN: 2413-22-5595 H:\AM\Conditional Rezoning\Home Associates of Virginia\Pungo Village\Proffer_rev.3 10-23-13.doc 7 WITNESS the following signature and seal: Grantor: Home Associates of Virginia, Inc., a Vir 'nia corporatio ? (SEAL) By: Brenda Caruana, Vice President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 3V4 day of July, 2013, by Brenda Caruana, Vice President of Home Associates of Virginia, Inc., a Virginia corporation, Grantor. . n Notary Public My Commission Expires: DQlag 1 I 7 Notary Registration Number:_tollnl lo ?.......? ERICA G. POWERS NOTARY PUBUC REGISTRATION M 369616 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES FEBRUARY 28, 2017 6 EXHIBIT "A" ALL THAT certain lot or piece or parcel of land situate in the City of Virginia Beach, Virginia, known and described by metes and bounds containing "6.049 acre", more or less, as shown on that certain plat of survey entitled "SUBDIVISION OF MELVIN D. ULREY PROPERTY ON INDIAN RIVER ROAD, Pungo Borough, Virginia Beach, Virginia", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 94, at Page 29. GPIN: 2413-22-5595 H:\AM\Conditional Rezoning\Home Associates\Pungo Village\Proffer.doc 7 "1e'? ?r,.,?«- "'`'..e ro 7W, ?st,z? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: • CITY OF VIRGINIA BEACH - CBC / Zoning Maps - An Ordinance to Amend the Official Zoning Map by Changing the Zoning District Classification of Certain Property to "CBC Central Business Core District." • CITY OF VIRGINIA BEACH - CBC / Article 22 - An Ordinance to Add a New Article 22, Consisting of Sections 2200 through 2212, to the City Zoning Ordinance. • CITY OF VIRGINIA BEACH - CBC / Conforming Provisions - An Ordinance to Add, Amend, and Reordain, Repeal or Renumber Certain Sections of the City Zoning Ordinance so as to Conform to the Provisions of Article 22 of the City Zoning Ordinance (Establishing the CBC Central Business Core District and Setting Forth the Regulations Pertaining to Such District). • CITY OF VIRGINIA BEACH - CBC / Pembroke SGA Plan - An Ordinance to Amend the Pembroke Strategic Growth Area 4 Implementation Plan and the Policy Document of the Comprehensive Plan by Revising Maps of the Pembroke Strategic Growth Area and Amending the Descriptions of the Central Business District / Core Area and the Central Business District / Waterfront Area. • CITY OF VIRGINIA BEACH - CBC / Site Plan Exceptions - An Ordinance to Amend and Reordain Sections 5.5, 5.66 and 5.14 of the Site Plan Ordinance, Pertaining to Exceptions in Districts Intended to Implement Strategic Growth Area Plans. • CITY OF VIRGINIA BEACH - CBC / Transition Rules - An Ordinance Establishing Transition Rules for the Review of Site Plans, Subdivision Plats and Other Plans of Development for Property in the CBC Central Business Core District. MEETING DATE: January 28, 2014 ¦ Background: The Pembroke Strategic Growth Area (SGA) Implementation Plan, adopted by the City Council on November 10, 2009, describes and provides planning policies for six subareas within the SGA: Western Campus District; Central Village District; CBD Waterfront District; CBD Core District; CBD Bonney District; and Southern Corporate District. The land use and development policy framework concentrates a high density mix of complementary urban uses within a defined central area, creates a skyline for Virginia Beach, and provides for decreased land use density and intensity of development outward from the core. The general recommendations for the Pembroke Strategic Growth Area are as follows: • Implement Transit-Oriented Development around planned transit stations; • Establish policies for alternative housing/workforce housing; • Create zoning regulations specific to the land use and development policies of each district; • Establish a Cultural Arts District in the Core Area; City of Virginia Beach/ CBC Central Business Core District Page2of3 Expand the Pembroke SGA to include Mount Trashmore Park and South Independence Commercial corridor; Design and build the entire length of Cleveland Street to Greenwich Road as a 'Complete Street' to be an attractive and efficient thoroughfare serving many modes of travel; and Develop a public facilities strategy for City-owned lands considering recreation, library, museum, theaters, and other uses. As part of the recommendation to `create zoning regulations specific to each district,' the attached amendments are proposed as a means of allowing for and encouraging the land use and the type of development recommended by the Pembroke SGA Plan for the CBD Core District. The CBD Core District includes Town Center, and is generally bordered by Kellam Road, Broad Street, Beasley Drive, and the former Norfolk Southern right-of-way (see map provided in attached staff report). The proposed amendments began with an intensive effort by City staff in November 2012 to draft zoning regulations based on the land use and development framework recommended by the SGA Plan. After several months of staff discussion and 'testing' of various regulatory concepts, staff began an extensive public participation process to gain insight from those who live, work, and own property within the CBD Core. That process included a public meeting and workshop on August 15, 2013 at the Sandler Center for the Performing Arts. Approximately 50 people attended the meeting. An overview of the draft zoning regulations and design guidelines was presented, and following the presentation, staff answered questions and received comments from attendees. In response to comments received at that meeting and comments received with each subsequent draft, staff has continued to refine and test the amendments through various case studies. In particular, the most recent refinement of the amendments was the result of comments from the Central Business District Association (CBDA), which formally endorsed the amendments on November 12, 2013 (see letter following this report). ¦ Considerations: When adopted in 2009, the Pembroke SGA Plan recommended that new zoning regulations for the various districts within the SGA be modeled on form-based code principles. Accordingly, the proposed amendments are a hybrid of the existing framework of zoning regulations and form-based code principles appropriate to the development pattern and land uses recommended by the policies of the SGA Plan. The proposed amendments will regulate land use and development within the Central Business District (CBD) Core District, replacing the existing B-3A Pembroke Central Business Core District and much of the B-3 Central Business District. The parcels regulated by the new district will be identified on the Official Zoning Map by the notation "CBC." The attached ordinances include provisions creating the new district and amending the Zoning Map to show the CBC district. The proposed amendments focus on three principal areas of regulation necessary to achieve the vision for the CBD Core District as provided by the Pembroke SGA Plan. First, regulations are provided for six key development principles that work together to establish urban form as recommended for the CBD Core District: build-to zone; parking setback; transparency; blank wall; height; and outdoor amenity space. City of Virginia Beach/ CBC Central Business Core District Page 3 of 3 Second, as urban form is only one part of what creates a great urban place and experience, the proposed amendments regulate the land uses. The regulations include specific locations where certain land uses are allowed and standards that some must meet to ensure compatibility with the surrounding area. The proposed land use regulations, therefore, are intended to create a more urban-style environment in the Core, allow for a mixture of uses (residential, office, commercial, and hotel), and provide a greater variety in price and types of housing citywide. Third, the proposed amendments provide regulations pertaining to signs, as signs can have a significant impact on the overall appearance and experience within an urban place: The proposed amendments also include the "Central Business Core District Design Guidelines." The Guidelines are voluntary, but they play a significant role in creating the urban place envisioned by the Pembroke SGA Plan. The Guidelines are also an instrumental part of the Optional Forms of Development process as well as the Alternative Compliance process, which are summarized further in the attached staff report. Also included as part of the overall package are amendments to the Pembroke Strategic Growth Area Plan and the Comprehensive Plan. The amendments revise the maps that show the districts within the SGA and amend the descriptions of the CBD / Core Area and CBD / Waterfront Area. The attached report provides greater detail and further discussion of the proposed amendments. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council. ¦ Attachments: Staff Review Minutes of Planning Commission Hearing Ordinances (6) Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De Agency: Planning Departmen City Manager. ?>LM 7-12 December 11, 2013 Public Hearing CITY OF VIRGINIA BEACH AMENDMENTS PERTAINING TO THE ESTABLISHMENT OF THE CBC CENTRAL BUSINESS CORE DISTRICT REQUESTS: 8. 10 11 12 An Ordinance to Amend the Official Zoning Map by Changing the Zoning District Classification of Certain Property to "CBC Central Business Core District." An Ordinance to Add a New Article 22, Consisting of Sections 2200 through 2212, to the City Zoning Ordinance, Establishing the Central Business Core District and Setting Forth Findings and Regulations Pertaining to Permitted Uses, Development (Lot and Building) Standards, Sign Regulations, Alternative Compliance with prescribed development standards, Optional Forms of Development, Public Art, Parking Requirements, and Design Guidelines for the District. An Ordinance to Add, Amend, and Reordain, Repeal or Renumber Certain Sections of the City Zoning Ordinance so as to Conform to the Provisions of Article 22 of the City Zoning Ordinance (Establishing the CBC Central Business Core District and Setting Forth the Regulations Pertaining to Such District). An Ordinance to Amend the Pembroke Strategic Growth Area 4 Implementation Plan and the Policy Document of the Comprehensive Plan by Revising Maps of the Pembroke Strategic Growth Area and Amending the Descriptions of the Central Business District / Core Area and the Central Business District / Waterfront Area. An Ordinance to Amend and Reordain Sections 5.5, 5.66 and 5.14 of the Site Plan Ordinance, Pertaining to Exceptions in Districts Intended to Implement Strategic Growth Area Plans. An Ordinance Establishing Transition Rules for the Review of Site Plans, Subdivision Plats and Other Plans of Development for Property in the CBC Central Business Core District. SUMMARY OF AMENDMENT Backaround The Pembroke Strategic Growth Area (SGA) Implementation Plan, adopted by the City Council on November 10, 2009, describes and provides planning policies for six subareas within the SGA: Western Campus District; Central Village District; CBD Waterfront District; CBD Core District; CBD Bonney District; and Southern Corporate District. The land use and development policy framework concentrates a high density mix of complementary urban uses within a defined central area, creates a skyline for Virginia Beach, and provides for decreased land use density and intensity of development outward from the core. CITY OF VIRGINIA BEACH / CBC C itral Business Core Dis#rict Agenda Items 7 - 12 Page 1 The general recommendations for the Pembroke Strategic Growth Area are as follows: • Implement Transit-Oriented Development around planned transit stations; . Establish policies for alternative housing/workforce housing; • Create zoning regulations specific to the land use and development policies of each district; • Establish a Cultural Arts District in the Core Area; • Expand the Pembroke SGA to include Mount Trashmore Park and South Independence Commercial corridor; . Design and build the entire length of Cleveland Street to Greenwich Road as a'Complete Street' to be an attractive and efficient thoroughfare serving many modes of travel; and . Develop a public facilities strategy for City-owned lands considering recreation, library, museum, theaters, and other uses. As part of the recommendation to `create zoning regulations specific to each district,' the various amendments listed at the beginning of this report are proposed as a means of allowing for and encouraging the land use and type of development recommended by the Pembroke SGA Plan for the CBD Core District. The CBD Core District includes Town Center and is generally bordered by Kellam Road, Broad Street, Beasley Drive, and the former Norfolk Southern right-of-way (see map below). 1 st ` i ?? vn• ? or R enncir ? ?+ uccirt x?? ?'"giR" ? ? ? ? ¦? `? ? ? . p ? MkM$i I iv t ?? Q ?? ? {,(jMM YS? ? ? M?? ? ? ' ?!46r?4 ' G?lukBl!<N+UPmMI?M' P ? w.. •z ? ? BLkSLLYCi 4" . y..?.? yr r? rir.?? A L?Yk 'a. ?4?1rwi/?? ? ?il ? ? ? F1 xcU?Cr ? a . . . < ( ?? ? ? Y ? F , i4 ?W ? ? ?'f P rf }Y z ?O+R. ? a r?p' ? Ntlf ( t tY ?? ..( ffieJi$? S ?? rvln l ?.' h 1* ?? ? ? ? ? Ak SS f Y ? S; N #i ? !?Y45• .. 7? µ ? V. v r w IFii ?a Y u < f ?, s ? '? • ?MrE CCN"TRAL i3USINESS CQRE W ? "LUNING llIS`C3ZICT s LEGEND 1000 soo o 1.000 Central Business Core Districi _ Feet .w.m.zuiPembroke Strategic Growfh Area The current set of proposed amendments began with an intensive effort by City staff in November 2012 to draft zoning regulations based on the land use and development framework recommended by the SGA Plan. After several months of staff discussion and 'testing' of various regulatory concepts, staff began an CITY OF VIRGINIA BEACH / CBC Central Business Core Di$trict Agenda Items 7 - 12 Page 2 extensive public participation process to gain insight from those who live, work, and own property within the CBD Core. That process included a public meeting and workshop on August 15, 2013 at the Sandler Center for Performing Arts. Approximately 50 people attended the meeting. An overview of the draft zoning regulations and design guidelines was presented, and following the presentation, staff answered questions and received comments from attendees. In response to comments received at that meeting and comments received since with each subsequent draft, staff has continued to refine and test the amendments through various case studies. In particular, the most recent refinement of the amendments was the result of comments from the Central Business District Association (CBDA), which formally endorsed the amendments on November 12, 2013 (see letter following this report). Summarv of Amendments When adopted in 2009, the Pembroke SGA Plan recommended that new zoning regulations for the various districts within the SGA be modeled on form-based code principles. Accordingly, the proposed amendments are a hybrid of the existing framework of zoning regulations and form-based code principles appropriate to the development pattern and land uses recommended by the policies of the SGA Plan. The proposed amendments will regulate land use and development within the Central Business District (CBD) Core District, which will replace the existing B-3A Pembroke Central Business Core District and much of the B-3 Central Business District. The parcels regulated by the new district will be identified on " The attached ordinances include provisions creating the the Official Zoning Map by the notation "CBC., new district and amending the Zoning Map to show the CBC district. The proposed amendments are based on six key development standards, most of which are typical of a form-based code. 1. Build-To Zone • Purposes: o Bring buildings to street o Create "Street Wall" • Rules: o Place building between 0 and 10 feet from front property line o Place building along at least 70 percent of street frontage 2. Parkinq Setback • Purposes: o Hide parking from street and sidewalk o Create "pedestrian-friendly" environment • Rules: o Place parking at least 20 feet from street facing property line o Surface parking - setback applies to at least 70 percent of street frontage (up to 30 percent of street frontage can have parking up front) o Structured parking - setback applies to at least 50 percent of street frontage (thus, up to 50 percent of street frontage can have parking at the front lot line. o Applies only to ground-floor level 3. Transparencv CITY OF VIRGINIA BEACH / CBC Central Bus Gore Di Agenda Items Page 3 • Purposes: o Create `pedestrian-friendly' environment by adding interest to street level o Provide 'eyes on the street' to improve safety • Rules: 0 30 percent of fagade of ground-floor must be `transparenY (measured from 2 feet to 8 feet above sidewalk) 0 15 percent of fagade of upper floors must be transparent (measured from finished floor to finished floor) o Applies to street-facing facades only 4. Blank Wall • Purpose: o Create `pedestrian-friendly' environment by adding interest to street level • Rules o Every 30 feet of wall must include substantial material change (may be windows, doors, columns, pilasters, or other articulation greater than 12 inches deep) o Applies vertically and horizontally o Applies to street-facing facades only o Applies to ground and upper stories 5. Heipht • Purposes: o Create 'street wall' o Create organized form; most dense in Core • Rules: o Minimum height - 25 feet or 2 stories (whichever is lower) o Measured from lowest point of original grade (at street setback) to highest point of building o Ground floor minimum height - 12 feet (measured finished floor to finished floor) o No maximum height in Core District (other than those imposed by Federal Aviation Administration regulations) 6. Outdoor Amenitv Sqace • Purpose: o Provide outdoor spaces for dense, urban environments • Rules 0 5 percent of lot area These six key development standards work together to establish the urban form recommended by the SGA Plan for the CBD Core District. That form, however, is only one part of what creates a great urban place and experience. The second part consists of the various land uses that are allowed, including specific locations where they are allowed and standards that some must meet to ensure compatibility with CITY OF VIRGINIA BEACH / CBC Central Business Gore District Agenda Items 7 - 12 ' Page 4 the surrounding area. The proposed land use regulations, therefore, are intended to create a more urban- style environment in the Core, aliow for a mixture of uses (residential, office, commercial, and hotel), and provide a greater variety in price and types of housing citywide. The following is a short summary of the land use regulations that are most relevant to the development of the Core as an urban place: . Allows apartment buildings and mixed-use buildings with residential dwellings on upper floors. • Allows grocery stores, carry-out food, and convenience stores (free-standing or in a mixed-use building). • No industrial uses. • Limits automobile-oriented uses: drive-through business, auto repair, gas stations. • Drive-through for banks, pharmacies, and restaurants permitted, BUT the proposed amendment provides that "drive-through facilities shall be located on the block interior or in the ground floor of a parking structure so as not to be visible from a public right-of-way." • Surface parking lots permitted if located behind building or screened from the view of a public street; otherwise, a Use Permit is required. The third part of the regulatory framework consists of regulations pertaining to signs, which can have a significant impact on the overall appearance and experience within an urban place: • Purposes: o Allow for variety of sign types found in urban areas (awning, hanging, projecting, marquee) o Prevents distracting, competing signage o Incentivizes compliance with the Design Guidelines • Rules: o Number and total area of signs based on building type, height, and street frontage o Bonus signage allowed when signs meet Design Guidelines The fourth part of the regulatory framework consists of the "Central Business Core District Design Guidelines." The Guidelines are voluntary, but they play a significant role in creating the urban place envisioned by the Pembroke SGA Plan: • As noted above, provide design standards for `bonus' signage; • Applied when Optional Forms of Development are proposed; and • Considered as a component of Alternative Compliance. The final part of the regulatory framework consists of the flexible nature of the framework itself. Just as with the Oceanfront Resort Area Form-Based Code, there are three processes by which a development may gain approval: 1. Prescribed Form (administrative process); 1. Optional Forms of Development (administrative process); and 2. Alternative Compliance (City Council approval). The 'Prescribed Form' consists of the zoning regulations for the Central Business Core (CBC) District, as summarized above. The specific provisions for Optional Forms of Development are described in Section 2206 and for Alternative Compliance are detailed in Section 2205. CITY OF VIRGINIA BEACH / CBC Central Bu Gore t Agenda Item: ss ict 12 1 c RECOMMENDATION With the adoption of the 2003 Comprehensive Plan, the City Council estabiished Strategic Growth Areas (SGAs), including the Pembroke SGA, as the areas intended to absorb most of the city's anticipated future growth, both residential and non-residentiai. The SGAs are planned to contain uses that are more intensive than in most other areas of the city, but are integrated into compact, yet compatible, mixes of uses, including office, retail, service, hotel and, where appropriate, residential, uses. The 2003 Comprehensive Plan also established guidance concerning the SGAs: Of equal importance will be how the SGAs develop in regard to the form that they take. The SGAs are intended to be urban in form with a mixture of uses commonly found in urban settings. The areas, however, that are designated as SGAs are largely either undeveloped or developed in the same suburban pattern found throughout the City. How we reshape these undeveloped and suburban areas will be critical if we are to create memorable urban places where people desire to live, work, play, and learn. As the various implementation plans are developed for the SGAs, we must develop design guidelines and new zoning tools, such as Form Based Codes, that provide specific direction to those who own property in the SGAs regarding what the form of those places will be. If the form of the SGAs does not match our vision for the SGAs, we will have lost much. This Plan, therefore, provides fundamental guidance regarding the proper form of urban places and the principles of design that can be used as we move forvvard to create an active and vibrant urban corridor from Newtown to the Oceanfront. Of equal importance will be how the SGAs develop in regard to the form that they take. The SGAs are intended to be urban in form with a mixture of uses commonly found in urban settings. The areas, however, that are designated as SGAs are largely either undeveloped or developed in the same suburban pattern found throughout the city. The way these areas are 'reshaped' will be critical to establish a more memorable urban place where people desire to live, work, play, and learn. As the various implementation plans are developed for the SGAs, design guidelines and new zoning tools must be created that provide specific direction to those who own property in the SGAs regarding what the form of those places will be. If the form of the SGAs does not match the vision for the SGAs, the purpose of the SGAs will be lost. The 2009 Comprehensive Plan retained the SGA strategy as well as the guiding principles adopted with the 2003 Comprehensive Plan. That strategy has been refined and expanded through the adoption of plans for each of the eight SGAs. The plans for all of those SGAs retain and build on the basic planning principles established in the Comprehensive Plan. The attached amendments are consistent with those principles, establishing a regulatory framework based on the vision for the CBD Core District as described in the Pembroke Strategic Growth Area Plan. Based on the above, approval of the ordinances is recommended. CITY OF VIRGINIA BEACH / CBC Central Business Core Dis#rict Agenda Items 7 - 12 Page 6 ? c EXrIIAI, IIrrsINr,ss I)79I'Rtc°i'ns80cWl'i0rr C)NE C(1L[T14tBUS CEN'1'ER, SLITI'E 611 VIItGINIA 12LAC;H, VIRGINIA 23462 November 12, 2013 Mr. Jim Spore City Manager City of Virginia Beach Municipal Center Virginia Beach, Virginia 23456 Dear 1im: 7he Centrai Business District Association's Executive Board unanimousiy approved the C6D Core dRAFT Ordinance (R-29) at its meeting today. The CBDA's SGA Legislative Advisory Gornmittee, Ghaired by Burrell Saunders and comprised of GBDA merrrbers and stakeholders wouid like to thank your staff for the many hoars spent irr meeting and reviewing the specifics pf khis DRAFT Ordinance. We wauld like to specificaily mention Bill Macali, Deputiy City Attorney, Ashby Moss, Strategic Growth Area Planner, and Karen Lasley, Zoning Administrator rtor their contributions offering their expertise on the modification of this ardinance. The Central eusiness District Association is committed to the "Urban Master Plan" as included in the Pembrpke Strategic Growth Area 4 implementatian Plan as adopted by the Virginia Beaeh City Council in 2009. The vision of a live, worl< and play enviranment has been reaiized in the current develapment nf Town Center. This visinn shnuld continue to grow and thrive in the expanded area to compliment the developed and redeveloped defined expanse. Thank you again for the opportunity to express ourviews on this very impartant development strategy toward the future growth of the community. With kindest regards, I am V y truly yours, 1einne S. Evans-Cox 1 Ekecutive Director CC: CBDA Board of Directors CBDA SGA Legislative Advisory Committee CITY OF VIRGINIA BEACH / CBC Central Business Core Dis#rict Agenda Items 7- 12 Page 7 Items #7 - #12 City of Virginia Beach - Central Business Core District Amendments December 11, 2013 (7) An Ordinance to Amend the Official Zoning Map by Changing the Zoning District Classification of Certain Property to "CBC Central Business Core District." (8) An Ordinance to Add a New Article 22, Consisting of Sections 2200 through 2212, to the City Zoning Ordinance, Establishing the Central Business Core District and Setting Forth Findings and Regulations Pertaining to Permitted Uses, Development (Lot and Building) Standards, Sign Regulations, Alternative Compliance with prescribed development standards, Optional Forms of Development, Public Art, Parking Requirements, and Design Guidelines for the District. (9) An Ordinance to Add, Amend, and Reordain, Repeal or Renumber Certain Sections of the City Zoning Ordinance so as to Conform to the Provisions of Article 22 of the City Zoning Ordinance (Establishing the CBC Central Business Core District and Setting Forth the Regulations Pertaining to Such District). (10) An Ordinance to Amend the Pembroke Strategic Growth Area 4 Implementation Plan and the Policy Document of the Comprehensive Plan by Revising Maps of the Pembroke Strategic Growth Area and Amending the Descriptions of the Central Business District / Core Area and the Central Business District / Waterfront Area. (11) An Ordinance to Amend and Reordain Sections 5.5, 5.613 and 5.14 of the Site Plan Ordinance, Pertaining to Exceptions in Districts Intended to Implement Strategic Growth Area Plans. (12) An Ordinance Establishing Transition Rules for the Review of Site Plans, Subdivision Plats and Other Plans of Development for Property in the CBC Central Business Core District. December 11, 2013 CONSENT Ashby Moss appeared before the Commission to provide a summary of the amendments as well as to respond to questions. AYE 9 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE NAY 0 ABS 0 ABSENT 2 Item 7-12 City of Virginia Beach - CBC Page 2 RUCINSKI AYE RUSSO ABSENT THORNTON ABSENT By a vote of 9-0, the Commission approved Items 7- 12 by consent. 1 AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP 2 BY CHANGING THE ZONING DISTRICT CLASSIFICATION 3 OF CERTAIN PROPERTY TO "CBC CENTRAL BUSINESS 4 CORE DISTRICT." 5 WHEREAS, the public necessity, convenience, general welfare and good zoning 6 practice so require; 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 That the official zoning map of the City of Virginia Beach be, and hereby is, 10 amended by changing the zoning district classification of all lots or parcels of land within 11 the territory described on the attached Exhibit 1, entitled "Listing of Properties to be 12 Included in `CBC Central Business Core District' by Geographic Parcel Identification 13 Number," and within the shaded area on the attached Map, marked Exhibit 2 and 14 entitled "Map of Area to be Rezoned to CBC Central Business Core District," to the 15 zoning district classification "CBC Central Business Core District,"' as shown on the 16 sheets marked and identified as "Zoning - Grids E06 and E07, Zoning, Updated: 17 January 21, 2014" on the official zoning map of the City of Virginia Beach, Virginia, 18 which sheets have been displayed before the City Council this date and are on file in 19 the Department of Planning. 20 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 21 of , 2014 APPROVED AS TO CONTENT A \kl ? . I -- k4&= Plannin Departmen APPROVED AS TO LEGAL SUFFICIENCY r ? i ? City Attorney's Office CA-12706 R-2 November 12, 2013 EXHIBIT 1 Listing of Properties to be Included in `CBC Central Business Core District' by Geographic Parcel Identification Number LIST OF ALL AFFECTED GPINS 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 14772593470000,14772594290000,14773441220000,14773447530000, 14773471130000,14773497470000,14773500860000,14773504680000, 14773523370000,14773524370000,14773533380000,14773534270000, 14773537530000,14773553890000,14773563360000,14773564370000, 14773574060000,14773590470000,14773595690000,14774400690000, 14774401460000,14774402310000,14774403880000,14774411420000, 14774421730000, 14774425390000, 14774457290000, 14774471260000 (Town Center Condominiums), 14774475100000 (Residences at Westin Condominiums), 14774477180000, 14774488920000 (Studio 56 Condominiums), 14774511630000, 14774524250000,14774526240000,14774550300000,14774551310000, 14774570940000, 14774673210000 (partial), 14775402230000, 14775402730000, 14775408700000,14775412730000,14775414290000,14775418700000, 14775445380000 (The Town Center Condominiums), 14775450980000, 14775471170000,14775479320000,14775485370000,14775488980000, 14775491570000, 14775510280000, 14775540310000 (The Town Center Condominiums), 14775570690000, 14775591410000, 14775594250000, 14775620340000 (partial), 14776442620000, 14776444430000, 14776446300000, 14776449010000,14776510670000,14776551950000,14776554690000, 14776564460000, 14776630960000 (partial) 2 Exhibit 2 Map of Area to be Rezoned to CBC Central Business Core District 3 N ?? E Central Business Core Zoning District Map fiot «sGale 1 AN ORDINANCE TO ADD ARTICLE 22 TO THE CITY ZONING 2 ORDINANCE, CONSISTING OF SECTIONS 2200 THROUGH 3 2212, ESTABLISHING THE CENTRAL BUSINESS CORE 4 DISTRICT AND SETTING FORTH FINDINGS AND 5 REGULATIONS PERTAINING TO PERMITTED USES, 6 DEVELOPMENT (LOT AND BUILDING) STANDARDS, SIGN 7 REGULATIONS, ALTERNATIVE COMPLIANCE WITH g PRESCRIBED DEVELOPMENT STANDARDS, OPTIONAL g FORMS OF DEVELOPMENT, PUBLIC ART, PARKING 10 REQUIREMENTS AND DESIGN GUIDELINES FOR THE 11 DISTRICT 12 13 Sections Added: City Zoning Ordinance Sections 2200 through 2212 14 15 WHEREAS, the public necessity, convenience, general welfare and good zoning 16 practice so require; 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That a new Article 22 of the City Zoning Ordinance, consisting of Sections 2200 22 through 2212, establishing the Central Business Core District and setting forth 23 regulations regarding permitted uses, lot standards, building standards, alternative 24 compliance with prescribed development standards, optional forms of development, 25 public art, parking requirements and other development standards for the District is 26 hereby added to the City Zoning Ordinance, to read as follows: 27 28 29 ARTICLE 22. CENTRAL BUSINESS CORE DISTRICT. 30 31 A. General Provisions 32 33 Sec 2200. Agplicability; severability 34 Sec.2201. Purpose 35 Sec.2202. Findings 36 37 B. Development Requlations 38 39 Sec. 2203. Use requlations 40 Sec 2204. Development standards 41 Sec. 2205. Alternative Compliance 42 Sec 2206 Optional Forms of Development 43 Sec 2207 Special rules for public art as an Optional Form of Development 44 Sec 2208 Nonconforminq buildinqs and structures 45 46 C. Siqn Regulations 47 48 Sec 2209 Intent; findinqs, establishment of special siqn district 49 Sec 2210. Requlations applicable to all signage 50 51 D. Desiqn Guidelines 52 53 Sec 2211 Central Business Core District Design Guidelines 54 55 56 E. Vehicular Parkinq Regulations 57 58 Sec. 2212. Off-street parkinq 59 60 61 62 A. GENERAL PROVISIONS. 63 64 Sec. 2200. Applicability; severabilitv. 65 (a) This Article sets forth the zoninq requlations applicable to development 66 within the Central Business Core District Such district shall be desiqnated on the 67 official zoning map as "CBC". 68 (b) In the event of a conflict between the provisions of this Article and any 69 other provision of the Citv Zoninq Ordinance the provisions of this Article shall a 70 unless expressly otherwise provided. 71 (c) The provisions of this Code shall be severable such that in the event one 72 (1) or more of the provisions of this Code shall be adiudqed to be invalid or 73 unenforceable the validitv and enforceabilitv of the remaininq provisions shall not in any 74 way be affected or impaired bv such adiudication. 75 COMMENT 76 77 This section states that the Article contains the zoning regulations applicable to 78 development in the new Central Business Core District and that the City's zoning map shall 79 designate the district as "CBC." It also resolves potential conflicts with other CZO provisions in 80 favor of the provisions of this ordinance and contains a severability ctause to express the intention 2 81 of the City Council that the invalidation of one or more provisions shall not affect any other $2 provision. 83 84 Sec.2201. Purpose. 85 86 (a) The purpose of this Article is to establish requlations implementinq the 87 vision of the City Council for the Central Business District/Core Area portion of the 88 Pembroke Strateqic Growth Area as expressed in the Pembroke Strateqic Growth Area 89 Implementation Plan ("SGA Plan") adopted on November 10 2009. Such requlations 90 are intended to foster the continued development of a central urban core with a vertical 91 mix of urban uses mobility and transit alternatives urban qatherinq places, 92 environmental and neiqhborhood protection "qreen" buildinqs and infrastructure 93 opportunities providinq a variety of civic commercial artistic and ethnicallv diverse 94 95 96 97 98 99 100 101 areas. COMMENT The section states the purpose of the Article. The descriptive language in the second sentence was taken from the Vision Statement contained in the Pembroke SGA Plan. Sec.2202. Findinqs. 102 The City Council finds that: 103 104 (a) In the 2003 Comprehensive Plan the City established Strateqic Growth 105 Areas (SGAs) including the Pembroke SGA as areas desiqned to absorb most of the 106 City's anticipated future qrowth both residential and non-residential. The SGAs were 107 planned to contain uses that are more intensive than in most other areas of the Citv but 108 are inteqrated into compact vet compatible mixes of uses includinq office, retail, 109 service hotel and where appropriate residential, uses. 110 111 The 2003 Comprehensive Plan also set forth five common planninq principles 112 applicable to all SGAs: 113 114 (1) Efficient use of land resources; 115 116 (2) Full use of urban services; 117 118 (3) A compatible mix of uses; 119 120 (4) A ranqe of transportation opportunities; and 121 3 122 (5) Detailed human-scale desiqn. 123 124 (b) The 2003 Comprehensive Plan also set forth guidance concerning the 125 implementation of the vision embodied in the various SGAs. It stated: 126 127 Of equal importance will be how the SGAs develop in reqard 128 to the form that they take. The SGAs are intended to be 129 urban in form with a mixture of uses commonly found in 130 urban settinqs The areas however, that are desiqnated as 131 SGAs are larqely either undeveloped or developed in the 132 same suburban pattern found throughout the Citv. How we 133 reshape these undeveloped and suburban areas will be 134 critical if we are to create memorable urban places where 135 people desire to live work play, and learn. As the various 136 implementation plans are developed for the SGAs, we must 137 develop desiqn quidelines and new zoning tools such as 138 Form Based Codes that provide specific direction to those 139 who own property in the SGAs reqardinq what the form of 140 those places will be. If the form of the SGAs does not match 141 our vision for the SGAs we will have lost much. This Plan, 142 therefore provides fundamental quidance reqardinq the 143 proper form of urban places and the principles of desiqn that 144 can be used as we move forward to create an active and 145 vibrant urban corridor from Newtown to the Oceanfront. 146 147 (c) The 2009 Comprehensive Plan retained the strateqy and quidinq 148 principles set forth hereinabove That strateqy has been refined and expanded by 149 means of separate plans that were specific to each of the eiqht SGAs within the City 150 and that were adopted only after an extensive public participation in each instance. The 151 plans for all of those SGAs retain the five basic planninq principles set forth in 152 subsection (a) In addition the 2009 Plan noted that the Citv has identified SGAs as: 153 154 (1) Providinq opportunities for continued physical and economic 155 ra owth; 156 157 (2) Helpinq to prevent urban sprawl; 158 159 (3) Protectinq our established residential neiqhborhoods and rural 160 areas from incompatible development due to qrowth pressures; 161 162 (4) Maximizinq infrastructure efficiencv; and 163 164 (5) Creatinq unique and exciting urban destinations. 165 166 (d) Traditional suburban-style development tvpically lacks siqnificant 167 connectivity to mass transit systems and bicycle or pedestrian-oriented features, instead 168 dependinq almost exclusively upon automobile traffic. Such dependence upon the 169 automobile results in larqe expanses of asphalt or other impervious parkinq surfaces 170 that are rarely if ever, fully utilized and has siqnificant undesirable impacts, includinq, 171 amonq others: 172 173 (1) Inefficient use of land; 174 175 (2) Greater adverse impacts on air and water quality, notwithstandinq 176 compliance with applicable requlations than vertically-oriented, 177 mixed-use development; 178 179 (3) Incompatibility, both functional and architectural with adiacent 180 communities; 181 182 (4) Increased traffic conqestion; and 183 184 (5) A lack of uniqueness and "sense of place" differentiatinq Virqinia 185 Beach from other cities. 186 187 (e) As stated in the Pembroke SGA Plan: 188 189 Without an urban core the Citv will not be able to attract the 190 kind of employers needed to provide iobs to certain 191 seqments of its ever-expandinq citizenry. The time has come 192 for the City of Virqinia Beach to embrace its urban potential 193 and take steps to create a sustainable city form that better 194 serves its citizens now and lonq into the future. 195 196 (f) In liqht of the foreqoing findinqs it is in the best interests of the Citv of 197 Virqinia Beach that this Article be adopted in order to promote development that 198 advances the City's vision for the Central Business District/Core Area portion of the 199 Pembroke Strategic Growth Area That vision was finalized only after residents, 200 business owners and other stakeholders participated with City planners and other 201 officials in an extensive public participation process in which a variety of views and 202 opinions were expressed and considered. 203 204 (q) The zoninq requlations that currently qovern development in the Central 205 Business District/Core Area of the Pembroke SGA should be updated and refined so as 206 to allow more flexible and creative forms of development; accordinqly, the requlations 207 set forth in this Article are intended to be flexible and performance-oriented, so as to 208 allow multiple forms of development that advance the qoals and obiectives of the 209 Pembroke SGA Plan. 210 211 COMMENT 212 The section sets forth the findings underlying the ordinance. Most of these findings have 213 been taken from the 2009 Comprehensive Plan or the Pembroke Strategic Growth Arca Plan. 214 Others, particularly in subsection (g), have been added. 215 216 B. DEVELOPMENT REGULATIONS 217 218 Sec. 2203. Use requlations. 219 220 (a) The followinq chart lists those uses permitted within the Central Business 221 Core District Uses and structures shall be allowed either as principal uses, indicated 222 by a"P" or as conditional uses indicated by a"C." Uses and structures indicated bv an 223 "X" shall be prohibited unless allowed bv special exception for Alternative Compliance 224 pursuant to Section 2205 No uses or structures other than as specified herein or as 225 allowed pursuant to subsection (b) shall be permitted. 226 227 Use District 228 229 CBC 230 231 Adult book stores, but not within 500 feet 232 of any apartment or residential district, 233 sinqle - or multiple-family dwellinq, church, 234 park, or school X 235 236 Animal hospitals veterinary establishments, 237 pounds shelters and commercial kennels, 238 provided that all animals shall be kept in 239 soundqroofed, air-conditioned buildinqs P 240 241 Assembly uses P 242 243 Automobile museums, subiect to the provisions of 244 Section 223.1 c 245 6 246 Use District 247 248 CBC 249 250 Automobile repair qaraqes, subiect to the provisions 251 of Section 224 X 252 253 Automobile service stations; sublect to the provisions 254 of Section 225, and provided that, where there is an 255 adioininq Residential or Apartment district without an 256 interveninq street, allev or permanent open space qreater 257 than twenty-five (25) feet in width and where lots separated 258 by a district boundary have adiacent front vards, Cateqorv VI 259 screeninq shall seqarate the automobile service station use 260 from the adiacent Residential or Apartment district and 261 no freestandinq siqn shall be located within fifty (50) feet 262 of any such Residential or Apartment District C 263 264 Bakeries, confectioneries and delicatessens, 265 provided that products prepared or processed 266 on the premises shall be sold onlv at retail and 267 only on the premises except that bakeries, 268 confectioneries and delicatessens with 7,500 269 square feet or less in floor area mav prepare 270 products on the premises for retail sale at an 271 off-site location P 272 273 Bars or niqhtclubs, subject to the provisions of Section 274 225.01 C 275 276 Beverage manufacturinq shops P 277 278 Bicvcle and moped rental establishments and bicycle 279 sharinp systems, subject to the provisions of Section 226 C 280 281 Boat sales X 282 283 Body piercing establishments X 284 285 Buildinq-mounted antennas meetinq the requirements 286 of Section 207 P 287 288 Bulk storaqe yards and building contractors yards, 289 subject to the provisions of Section 228, and provided 290 that no sale or processinq of scrap, salvaqe or second- 291 hand material shall be permitted; and provided further 292 that such storage yards shall be completely enclosed 293 except for necessary openinqs in inqress and eqress bv 294 a fence or wall not less than six (6) feet in heicht X 7 295 Use District 296 297 CBC 298 299 300 Business and vocational schools c 301 302 Business studios and offices P 303 304 Car wash facilities subiect to the provisions of Section 305 228.1 c 306 307 Child care and child care education centers P 308 309 Colleqes and universities public or private c 310 311 Commercial and other surface parking lots includinq 312 on-site surface parkinq parking qaraqes and storaqe 313 garaqes except as provided below c 314 315 Commercial and other surface parking lots, includinq 316 on-site parkinq located behind a buildinq or otherwise 317 screened from view from a public street P 318 319 Commercial parking structures which mav include 320 car wash car rental or car detailinq services when 321 wholly enclosed within a parking structure and 322 accessorv thereto ? 323 324 Communication towers meetinQ the requirements of 325 Section 232(i) P 326 327 Communication towers exceqt as specified above c 328 329 Craft distillery shops C 330 331 Dwellinqs, attached/townhouses X 332 333 Dwellinqs, multiple-familv P 334 335 Fiber-oqtics transmission facilities subject to the 336 provisions of Section 233.15 c 337 338 Financial institutions provided that drive-throuqh 339 facilities shall be located on the block interior or 340 in the around floor of aparkinq structure so as 341 not to be visible from a public right-of-way P 342 343 Funeral homes c 8 344 Use District 345 346 cac 347 348 Furniture repair and upholsterinq; repair services for 349 radio and television and household appliances other 350 than those with qasoline enqines; carqet and linoleum 351 lavinq tile settinq, siqn shops and other small service 352 businesses within a mixed-use buildinq P 353 354 Furniture repair and upholsterinq; repair services for 355 radio and television and household appliances other 356 than those with qasoline enqines; carpet and linoleum 357 lavinq; tile settinq, siqn shops and other small service 358 businesses other than within a mixed-use buildinq X 359 360 Greenhouses and plant nurseries in a mixed-use 361 buildin c 362 363 Grocery stores, carry-out food stores and 364 convenience stores P 365 366 Heliports and helistops C_ 367 368 Home occupations C_ 369 370 Housing for seniors and disabled persons, subject 371 to the provisions of Section 235; convalescent, 372 nursing or maternity homes C 373 374 Hospitals and sanitariums C 375 376 Hotels _P 377 378 Laundry and dry cleaning establishments, retail P 379 380 Liquor stores other than at wholesale P 381 382 Medical and dental offices and clinics P 383 384 Medicallaboratories P 385 386 Mini-warehouses X 387 388 Mobile home sales X 389 390 Motor vehicle sales and rentals, subject to 391 the provisions of Section 239, except as 392 provided below X 9 393 Use District 394 395 cac 396 397 Motor vehicle sales and rentals, provided that 398 such use and any accessorv or other uses in 399 coniunction with the principal use are fully 400 enclosed within a buildinq P 401 402 Museums and art qalleries P 403 404 Off-site parkinq facilities, subiect to the 405 provisions of Section 2212 P 406 407 Pharmacies, provided that drive-throuqh 408 facilities shall be located on the block interior or 409 in the qround floor of a parkinq structure so as 410 not to be visible from the public riqht-of-wav P 411 412 Printinq, publishing and similar uses P 413 414 Personal service establishments P 415 416 Personal watercraft rentals X 417 418 Public schools C 419 420 Public uses except qublic schools P 421 422 Public utilities installations and substations, qrovided 423 that storage and maintenance facilities shall not be 424 permitted; and provided further, that utilities substations 425 other than individual transformers shall be surrounded 426 by Category IV screenina except for entrances and exits; 427 and provided also that transformer vaults for underqround 428 utilities shall reauire only Cateqory I screeninq, except for 429 access oqeninqs P 430 431 Public utilities offices P 432 433 Public utility storaqe or maintenance installations X 434 435 Radio and television broadcasting stations C 436 437 Recreational or amusement facilities, indoor, 438 with a maximum floor area of 7,500 square feet P 439 440 10 441 Use District 442 443 CBC 444 445 Recreational or amusement facilities, indoor, with a 446 maximum floor area qreater than 7,500 sauare feet C 447 448 Recreation or amusement facilities, outdoor, other 449 than_ridinq academies and recreational campqrounds, 450 sublect to the provisions of Section 240.1 C 451 452 Religious uses with a floor area greater than 4,000 453 square feet C 454 455 Reliqious uses with a maximum floor area 456 of 4,000 square feet P 457 458 Restaurants inside a mixed-use buildinq, except as 459 provided below P 460 461 Restaurants, whether freestandinq or in a mixed-use 462 buildinq, with a drive-throuqh window, provided 463 that drive-throuqh facilities shall be located on the 464 block interior or on the qround floor of a parking 465 structure so as not to be visible from a public riqht-of-way P 466 467 Restaurants, freestandinq, without drive-throuqh windows P 468 469 Retail establishments, other than those listed separately, 470 including the incidental manufacturing of goods for sale 471 at retail on the premises; provided that outdoor storage or 472 display of any items for sale shall comply with the provisions 473 of Section 2204(c) P 474 475 Storage or processinq of salvage, scrap or iunk X 476 477 Satellite wagering facilities within a mixed-use building C 478 479 Single room occupancy facility X 480 481 Specialty shops P 482 483 Tattoo parlors and bodv-piercing establishments X 484 485 Truck and trailer rentals, in accordance with the 486 provisions of Section 242.2 X 487 11 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 Use District cBc Wholesalinq and distribution operations, provided that such operations do not involve the use of: (i) more than 2,000 square feet of floor area for storaqe of wares: (ii) anv vehicle rated at more than 1'/2 tons, or (iii) a total of more than five (5) delivery vehicles X Wildlife rehabilitation centers X Wind enerqv conversion systems freestandinq C Wind enerqv conversion svstems roof-mounted, except as provided below P Wind enerqv conversion systems roof-mounted, in excess of one (1) per principal structure c (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is similar to a listed use the Zoninq Administrator may cateqorize the proposed use as a use permitted by this section either as a principal or conditional use. In determininq whether a proposed use is similar to a listed use the Zoninq Administrator shall consider (1) the actual or proiected characteristics of the proposed use in comparison to those of the most similar listed uw and (2) the cateqorization of the proposed use in the Standard Land Use Codinq Manual (First Edition January 1965). (c) Uses other than those allowed pursuant to subsections (a) or (b) may be allowed pursuant to the Alternative Compliance provisions set forth in Section 2205 if such use conforms to the standards set forth therein. COMMENT The section sets forth the use regulations for the District. The section also provides that uses not otherwise allowed may be permitted under the Alternative Compliance provisions in Section 2205. In addition, the Zoning Administrator may allow a use that is not expressly listed as an allowed use, but is similar to a listed use, depending on the actual or projected characteristics of the proposed use and its classification in the Standard Land Use Coding Manual (SLUCM). 12 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 Sec. 2204. Development standards. Uses and structures in the District shall conform to the development standards listed below, unless approved pursuant to the Alternative Compliance (Section 2205) or Optional Forms of Development (Section 2206) provisions of this Article: (a) Lot Standards (values expressed in feet unless otherwise indicated): Sta n ria rti District --- - cBC Lot area (min.) 5,000 square feet Lot width (min.) 50 Front setback (min. 0 Side street setback min. 0 Side setback (min. 0 or 5 Rear setback (min.) 0 or 5 Build-to zone 0 - 10 Alle setback min. 5 Surface parking setback min. 20' (on 70% of street frontage) Parking struct 3re setback min. 20' (on 50% of street frontage) Outdoor amenity s ace° min. 5% of lot area Notes: 1 Lot width shall be measured at the front propertv line For buildina sites on which one or more standalone buildinqs is located on a leased portion of a recorded lot or zoninp lot the lot width shall be determined as if the lease lines were lot lines. 2 The build to zone is the portion of a lot in which at least the first two (2) stories of a buildinq facade facinq a street must occupy no less than the percentaqe as desiqnated in subsection (b) of the distance between the lot lines abuttinq the public street faced bv the buildinq faGade. The build-to requirements shall applv to all building facades facinq a qublic street. 3 The parkinq setback must be met in the desiqnated percentaqe of the street frontaqe of any portion of the lot or leased area as the case mav be, adiacent to a public street and applies to surface qarkinq and parkinq structures (qround story only) Where the required setback of a parkinq structure is met in less than 70% of the street frontaqe the structure must substantiallv conform to the applicable Central Business Core District Desiqn Guidelines. Surface qarkinq on corner lots includinq vehicular entrances and exits shall be set back_at least fifteen (15) feet from each point of intersection unless a qreater setback is required bv the conditional use ep rmit• 4 Outdoor amenitv space is an exterior area of an establishment that: (1) serves as an amenitv for occupants of the establishment or members of the public and (2) consists of areas such as 13 564 565 566 567 568 569 570 571 572 573 574 gardens (includinq roof qardens) landscaping beds or other veqetated and maintained areas, courtvards, fountains plazas parks cafes or similar areas Stormwater manaqement facilities mav be included within outdoor amenitv spaces but outdoor display areas and areas consistinq solely of qrass and lacking other components such as trees landscapinq or hardscape improvements shall not be included as outdoor amenity space Outdoor amenitv space shall be maintained in aood condition at all times. (b) Buildinq Form Standards (values expressed in feet unless otherwise indicated : c•a.....4.....J District V ?Q??M4? M CBC Hei ht min. 25 or 2 stories, whichever is lower Hei ht max. None, su?ect to Section 202 Ground floor height (min.) 12 Build-to zone 70% 4 Transparency (min.) 30% ground floor; 15% upper floors Blank wall (max.) 5 30 Permitted uses in mixed-use buildings (ground floor) A, B, E, F, G, H Permitted uses in mixed-use buildin s u er floors) A, B, C, D, E, F, G, H 575 576 Kev to permitted uses: 577 578 A: Retail and service 579 580 B: Office 581 582 C: Hotel lobbv/conference space/accessorv uses 583 584 D: Restaurants 585 586 E: Recreational assembly or institutional 587 588 F: Residential 589 590 G: Hotel 591 592 H: Commercial parkinq structures 593 594 595 Notes: 596 597 1 Permitted encroachments above the maximum heiqht shall be as set forth in Section 202. 598 599 2. Measured from finished floor to finished floor. 600 601 3 Minimum percentaqe of street frontaqe of the lot or leased area occupied bv buildinq 602 facade. 603 604 4 Minimum percentaqe of windows and doors that must cover a around storv facade facinq 605 a street as measured between two (2) and eiqht (8) feet above the adiacent sidewalk. The minimum 14 606 percentaqe of windows and doors that must cover an upper floor faGade facinp a street is measured from 607 the finished floor to the finished floor above When there is no floor above upper storv transqarency is 608 measured from the top of the finished floor to the top of the wall plate A minimum of thirty per cent (30%) 609 of a required entrance must be transparent on a mixed-use or commercial buildinq. 610 611 5 "Blank wall" means a portion of the exterior street-facinq faGade of the buildinq that does 612 not include a substantial material chanqe (qaint color is not considered a substantial chanqe); windows, 613 doors columns pilasters or other articulation qreater than twelve (12) inches in depth. The above 614 requirement applies in both a vertical and horizontal direction and to both qround and upper story street- 615 facinq facades. 616 617 6 A mixed use buildinq is a buildinq containing two (2) or more separate uses, one of which 618 consists of residential dwellinq units that are phvsicallv and functionallv inteqrated within the same 619 buildinq on one zoninq lot. 620 621 7 Residential dwellinq units mav not occupy more than fiftv per cent (50%) of the total floor 622 area of the qround floor of the buildinq in which it is located. 623 624 (c) Outdoor display and stora.qe. 625 626 (1) Outdoor displav is the outdoor displav of inerchandise available for 627 sale at an establishment. 628 629 (2) Outdoor display of inerchandise is permitted in association with any 630 permitted commercial use in accordance with the followinq 631 provisions: 632 633 A Outdoor displavs shall be limited to an area within eiqht (8) 634 feet of a buildinq facade that contains the principal customer 635 entrance for the buildinq and shall not be within any area 636 consistinq of outdoor amenity space Outdoor displavs shall 637 occupY no more than thirtv per cent (30%) of the horizontal 638 length of such faCade and the maximum heiqht of any such 639 display shall not exceed six (6) feet; 640 641 B Outdoor displays shall be removed and placed inside a fully- 642 enclosed buildinq at the end of each business day; and 643 644 C Outdoor displavs may not impair the abilitv of pedestrians to 645 use the sidewalk. 646 647 (3) Outdoor display of liquefied petroleum (LP) qas storaqe racks, ice 648 storaqe bins or similar items soft drink or other vendinq machines, 649 or items on pallets shall not be permitted. 15 650 651 (4) Outdoor storaqe is the overniqht storaqe outside of a building, of 652 products or materials includinq without limitation merchandise or 653 material in boxes in crates on pallets or in shippinq containers; 654 vehicles awaitinq repair; recreational vehicles and boats; shoppinq 655 carts; qarden or buildinq supplies? shippinq containers; lumber, pipe, 656 steel iunk and other similar items. 657 658 (5) Outdoor storaqe shall be allowed only as provided in Section 208 or 659 as a condition of a conditional use permit authorizinq the use at 660 which outdoor storaqe occurs. 661 662 (d) Permitted encroachments. 663 664 (1) The followinq encroachments into the area between a buildinq 665 farade and public riqht-of-way shall be permitted: 666 667 A Galleries awninqs porte cocheres stoops porches and 668 balconies; 669 670 B. Outdoor seating; 671 672 C Outdoor displav areas in accordance with subsection (c); 673 674 D Siqns as allowed by Section 2210; 675 676 E Trash receptacles water features bicvcle racks and 677 bollards; 678 679 F. Pedestrian liqhtinq; 680 681 G Minor structures accessory to utilitv facilities such as 682 hydrants manholes transformers utility boxes, meters and 683 fire suppression equipment; 684 685 H Handicapped ramps to the extent necessary to perForm their 686 proper function; 687 ggg I Buildinq eaves roof overhanqs and liqht shelves, provided 689 there is at least eiqht (8) feet in clearance above the 690 sidewalk; 16 691 692 J. Cornices belt courses sills buttresses or other similar 693 architectural features provided there is at least eiqht (8) feet 694 in clearance above the sidewalk 695 696 K Bay windows oriels vestibules that are less than ten (10) 697 feet wide may extend up to four feet provided that such ggg extension is at least two (2) feet from the vertical plane of the 699 lot line; 700 701 L Chimneys or flues which may extend up to two (2) feet, 702 provided that such extension is at least two feet from the 703 vertical plane of the lot line; 704 705 M Outdoor amenity space components plant material, 706 landscapinq sidewalks trees tree wells and planters; 707 708 N Sculptures and other public artin accordance with the 709 provisions of Section 2207 710 711 O Permitted access drives; 712 713 P Walls or fences not more than four (4) feet in heiqht; 714 provided however, that walls or fences providinq reauired 715 screeninq or used to screen mechanical or similar equipment 716 shall not exceed eiqht (8) feet in heiqht; 717 718 Q Subqrade foundations; 719 720 R Loadinq docks and necessary mechanical equipment; and 721 722 S Conditional uses allowed by Section 2203 if specified in the 723 conditional use permit. 724 725 (2) Encroachments into or over public sidewalks or other 726 public riqhts-of-wav shall be permitted in accordance 727 with Article VI of Chapter 33 of the Citv Code, except 728 as otherwise provided in this Article. 729 730 17 731 COMMENT 732 733 The section contains the applicable development standards regarding lots and buildings in 734 the llistrict. The standards are intended to result in the type of urban-style, pedestrian-oriented 735 development contemplated by the Pembroke Strategic Growth Area Plan. 736 737 738 Sec 2205. Alternative Compliance. 739 740 (a) This section sets forth the procedures and standards for Alternative 741 Compliance under which the City Council may qrant special exceptions to allow the 742 develo ment of new uses or structures that do not conform to the uses or forms of 743 development includinq siqns otherwise permitted under this Article. 744 745 (b) Applications for special exceptions seekinq Alternative Compliance shall 746 be filed with the Planninq Director. There shall be a fee in the amount set forth in 747 Section 107.1. The Planning Director shall review applications in liqht of the applicable 748 standards set forth in this section and mav solicit the comments of the Central Business 749 District Association Desiqn Review Committee thereof in connection with such review. 750 Upon completion of such review, the Planning Director shall report his findinqs and 751 recommendations concerninq the application in writinq to the Planning Commission_ 752 Applications shall be the subiect of public hearinqs before the Planning Commission 753 and the City Council in accordance with the procedures prescribed in Section 221. 754 755 (c) Alternative Compliance Applications shall be evaluated for consistencv 756 with the followinq standards and the City Council in decidinq whether to allow 757 Alternative Compliance shall consider the extent to which the proposed development: 758 759 (1) Advances the stated qoals and obiectives of the Pembroke 760 Strateqic Growth Area Plan and the applicable policies of the 761 Comprehensive Plan; 762 763 (2) Is consistent with or demonstrably superior in desiqn and quality 764 to the applicable provisions of the Central Business Core District 765 Desiqn Guidelines. 766 767 The Citv Council shall also consider the potential impacts of the proposed deviation on 768 surrounding properties and other properties in the remainder of the Central Business 769 Core District and the extent to which anv adverse impacts from such deviation can be 770 mitiqated. 771 18 772 (d) The Citv Council may attach reasonable conditions of approval to an 773 application seekinq Alternative Compliance Such conditions shall be limited to those 774 intended to mitiqate any adverse visual functional or other impacts of the deviation from 775 the provisions of this Article or to promote compliance with the qoals and obiectives of 776 the Pembroke SGA Plan and this Article. 777 77$ (e) Nothinq in this section shall be construed to impair the riqht of any proper 779 party to apply to the Board of Zoninq Appeals for a variance from anv of the 780 development standards set forth in this Article. 781 782 COMMENT 783 7$4 The section establishes a procedure ("Alternative Compliance") by which a proposed 785 development may deviate in one or more respects from the provisions of this Article. The section 786 also sets forth the applicable standards to be applied in determining whether an application for 787 Alternative Compliance is to be allowed. 788 7$9 Subsection (e) makes it clear that the Alternative Compliance procedure is not a 790 replacement for the variance process, as it expressly preserves the right of a proper party to apply 791 to the Board of Zoning Appeals for a variance. 792 793 794 Sec 2206. Optional forms of development. 795 796 (a) Optional Forms of Development are desiqn alternatives that mav be used 797 in place of the specific requirements prescribed by this Article if the applicable 798 conditions set forth in this section are met Generally, such conditions include: (1) 799 usage of a form of development or amenity that is different from the specific 800 development standard prescribed by this Article where the different form or amenity 801 serves the same or a closely-related purpose or purposes as the prescribed 802 development standard: and (2) substantial conformitv to applicable provisions of the 803 Central Business Core District Desiqn Guidelines. 804 805 (b) The requirements of this Article mav be satisfied bv compliance with either 806 the prescribed development standard set forth in Section 2204 or the provisions of this 807 section as applicable The provisions of this section are intended to encouraqe 808 creativitv by providinq a flexible development option that will achieve the qoals and 809 oblectives of this Article equally well as compliance with the specific development 810 standards set forth in Section 2204. 811 812 (c) Optional Forms of Development and Alternative Compliance shall not be 813 deemed to be mutually exclusive and approval as an Optional Form of Development 814 shall not preclude anv application for a special exception under the Alternative 19 815 Compliance provisions of this Code: provided however, that if any condition of approval 816 - ursuant to a special exception for Alternative Compliance conflicts with an approved 817 Optional Form of Development the condition contained in the special exception shall 818 control. 819 820 (d) The followinq provisions set forth the purposes of the development 821 standards prescribed in Section 2204 and the optional means of fulfillinq those 822 purposes throuqh the use of alternative desiqn and buildinq features: 823 824 (1) Front and side street setbacks. 825 826 Purpose: To provide additional space for improvements that 827 contribute to the public realm such as wider sidewalks, outdoor 828 amenity areas and plant material and landscapinq. 829 830 Optional form of development: Provide features that contribute to 831 the public realm such as public artcourtyards surrounded by 832 buildinqs built to the property line balconies arcades qalleries, 833 Porte cocheres or other suitable buildinq elements. The buildinq 834 facade and any other portion of the buildinq encroachinq into the 835 setback shall substantially conform to the applicable Central 836 Business Core District Desiqn Guidelines. 837 838 (2) Build-to Zone 839 840 Purpose: To activate the street frontaqe and establish a street wall 841 bv locatinq buildinq fagades close to the street thereby providinq a 842 walkable pedestrian-oriented streetscape. 843 844 Optional form of development: 845 846 (i) Provide outdoor amenitv space located adiacent to the street 847 and encompassinq substantially the entire area between the 848 street and the buildinq facade alonq at least seventv per cent 849 (70%) of the street frontaqe of the lot or leased area. 850 851 (ii) Outdoor amenity space may consist of an outdoor cafeL 852 swimminq pool courtvard fountain park plaza, qarden or 853 similar area or a combination thereof. No vehicular parkinq 854 shall be allowed anywhere within outdoor amenitv space or 855 between the outdoor amenity space and the buildinq facade. 20 856 857 (iii) The buildinq farade shall substantiallv conform to the 858 applicable Central Business Core District Desiqn Guidelines. 859 860 (iv) The buildinq facade shall be located no qreater than thirty 861 (30) feet from the lot line faced by such buildinq farade 862 unless allowed pursuant to a special exception for 863 Alternative Compliance. 864 865 (v) Where a driveway prevents the use of outdoor amenity 866 space in a location specified by this section, such outdoor 867 amenity space may be placed elsewhere on the lot in such 868 location as will sufficiently activate the street frontaqe to the 869 extent contemplated by this section. 870 871 (3) Parkinq Setbacks 872 873 Purpose: To avoid "dead" space alonq the street frontaqe that 874 does not contribute to an active street presence. 875 876 Optional form of development: Enliven the street frontaqe and 877 screen the parkinq area by the creative use of public art, plant 878 material and landscapinq water features, or other pedestrian 879 amenities that provide visual interest. For structured parkinq, 880 maintain continuity of the sidewalk by minimizinq the number and 881 width of curb cuts for drivewavs. Where alleys do not exist, 882 concentrate curb cuts at side streets or mid-block. The optional 883 form of development shall substantiallv conform to applicable 884 Central Business Core District Desiqn Guidelines. 885 886 (4) Heiqht 887 Purpose: To provide an orqanized form throuqhout the Central 888 Business Core District provide qradual transitions in buildinq heiqht 889 in areas in which such transitions are contemplated bv the 890 Pembroke SGA Plan. 891 892 Optional form of development: An increase in heiqht not exceedinq 893 that permitted by Section 202(b) or reduction in the minimum heiqht 894 to no less then twenty-two (22) feet is permitted for any buildinq 21 895 that substantially conforms to Chapter 3(Buildinqs) of the Central 896 Business Core District Desiqn Guidelines. 897 898 (5) Transparency/Blank Wall 899 900 Purpose: To contribute to an interestinq and safe pedestrian 901 environment. 902 903 Optional form of development: provide outdoor amenity space, 904 such as a courtyard outdoor cafe or water feature, adiacent to the 905 street or, for upper stories balconies and qalleries. Enhance 906 materials and architectural detail on building facades in substantial 907 conformity with applicable Central Business Core District Desiqn 908 Guidelines. Outdoor amenity space shall be in reasonable 909 proportion to the deqree of difference between the prescribed 910 transparency requirements and the actual transparency provided. 911 912 COMMENT 913 The section sets forth the development standards that may be altered by utilizing one or 914 more Optional Forms of Development (OFD), and states the requirements for each OFD. 915 916 917 Sec 2207 Special rules for public art as an Optional Form of Development. 918 919 (a) Definition Public art as used in this Article means works of art in any 920 media whether located on public or private property, that are visible to members of the 921 qeneral public or that have been planned and executed with the specific intention of 922 beinq sited or staqed on or within publiclv-owned property. 923 924 (b) Purpose. Public art is an investment in the cultural vitality and economic 925 development of a community. Sculptures murals and other forms of public art can 926 become place-makers landmarks and foster culturally dynamic, economically vibrant 927 communities by creatinq memorable urban places where people desire to live, work, 928 play and learn. For those reasons the provision of public art in lieu of conformitv with 929 one or more of the required forms of development prescribed in this Article accords with 930 the City Council's vision of the Town Center area as a future Arts and Cultural District, 931 the recommendations of the Pembroke SGA Plan, and advances the ultimate qoals of 932 the Comprehensive Plan. 933 22 934 935 (c) App Development in licability. Public art may be utilized as an Optional Form of place of conformity with one or more of the followinq provisions 936 reqardinq a prescribed development standard set forth in Section 2204: 937 938 (1) Build-to zone; 939 940 (2) Front or side street setbacks; 941 942 (3) Transparencv; 943 944 (4) Blank wall; or 945 946 (5) Outdoor amenity space. 947 948 (d) Location Subiect to the provisions of subsection (fl public art shall be 949 located: 950 951 (1) Outdoors so as to be readily visible and accessible to pedestrians, 952 and no further than fifty (50) feet from the nearest point on a public 953 sidewalk except under exceptional circumstances as approved by 954 the Public Art Committee; 955 956 (2) Awav from siqnaqe transit stop structures or benches, utility boxes, 957 utility poles mailboxes bicycle racks or other items, either on or off 958 the propertv that mav impair the public's view or diminish the 959 aesthetic value of the artwork; 960 961 (3) In such manner as not to interfere with or impede the flow of 962 pedestrian traffic on a public sidewalk; and 963 964 (4) On the same zoning lot as the development for which the artwork 965 serves as an Optional Form of Development and, to the extent 966 possible consistent with the foreqoinq criteria, in such location as to 967 maximize the degree to which the work of art offsets 968 noncompliance with the prescribed development standard. 969 970 (e) Public art provided as an Optional Form of Development shall serve as a 971 direct replacement for each prescribed development standard or standards from which 972 the subject development deviates and if located on the same zoninq lot as the subiect 973 development shall serve the same purpose or purposes as the prescribed development 974 standard. 23 975 976 977 (fl Public art located on publicly-owned property. on publicly-owned property within the Pembroke Strateqic Public art may be located Growth Area, includinq, 978 without limitation p ublic streets and sidewalks Town Center qateways, street corners, 979 the Fountain Plaza the Sandler Center Plaza public parkinq qaraqes and future transit 980 stations with the a pproval of the City Council, provided that: 981 982 (1) There is no feasible location on the subiect property from which the 983 work of art can be plainly and wholly seen by the public; 984 985 (2) The present or any planned land use of the subiect property is such 986 that placement of a work of art in any media on the propertv would 987 be destructive to the work of art due to the activities related to the 988 land use; 989 990 (3) The propertv is already fully developed in such a way that there is 991 no location on the site for a work of art, and the work of art is 992 approved as an Optional Form for renovation of the buildinq 993 necessitatinq use of a blank wall or reduction in transparency; or 994 995 (4) The location of the work of art cannot physically meet the criteria 996 specified in subsection (d)(1); 997 998 (q) Approval bv Public Art Committee. Public art and anv alteration or 999 removal thereof, must be approved by the Public Art Committee of the Virqinia Beach 1000 Arts and Humanities Commission. 1001 1002 (h) Ownership maintenance contractual provisions. Except in cases in 1003 which public art is dedicated to the City, the ownership of public art works shall be 1004 bound in perpetuity bv written covenant approved by the Citv Attornev to the propertv 1005 for which they serve as an Optional Form of Development and unless otherwise 1006 approved bv the Citv shall be maintained by the owner of the property for which it 1007 serves as an Optional Form of Development Where a work of art is to be dedicated to 1008 the Citv there shall be a written aqreement between the City, the owner of the work of 1009 art and if applicable the artist which aqreement shall include at a minimum, terms 1010 regarding the ownership maintenance insurance and intellectual propertv riqhts 1011 pertaining to the work of artSuch aqreement shall be subiect to the approval of the 1012 City Council. 1013 1014 (i) Signaqe No lettering svmbols or siqnaqe shall be permitted upon 1015 public art works except as intended by the artist as an inteqral part of the work. 24 1016 Paintinqs or murals may be siqned by the artist and the name of the work displayed. 1017 For sculptures the artist shall desiqnate the plaque location which shall be permanently 1018 installed usinq theft-resistant techniques in a qround location near the sculpture or on 1019 the base and list only the sculpture's title the artist's name the date of installation an_d 1020 the name of the donor, if applicable. 1021 1022 Plantinp/landscapinq Sculptures and their bases shall be well inteqrated 1023 with the surroundinq softscape and hardscape. Lonq-term maintenance should be 1024 considered when selectinq plant material Native and drouqht-resistant plants are 1025 encouraqed. 1026 1027 (k) Unacceptable art Decorative or ornamental pieces that are not 1028 conceptualized desiqned and fabricated bv a qualified artist, such as "off-the-shelf' 1029 decorative items such as qarden sculpture? historical markers or bells; bell towers; 1030 obelisks? architectural ornamentation or enhancements;_art as advertisements or 1031 commercial siqnaqe mixed with imaqery; and busts or statuarv memorials, or mass 1032 produced reproductions or replicas of oriqinal works of art shall not be accepted as an 1033 Optional Form of Development. 1034 1035 (I) Arfists' qualifications Artists creatinq public artor supervisinq students 1036 creatinq public art shall be selected bv the property owner or developer, subiect to 1037 approval by the Public Art Committee and shall have the followinq qualifications: 1038 1039 (1) Artists shall be recoqnized bv critics and peers as a professional 1040 practitioner of the visual arts. To assess the qualifications of an 1041 artist the Committee will consider factors such as the artist's body 1042 of work educational backqround formal traininq, past and current 1043 larqe scale outdoor public art commissions, sales of work, 1044 exhibition records publications and any other factors the 1045 Committee reasonablv deems relevant; 1046 1047 (2) Artists shall also have experience in successfullx collaboratinq with 1048 desiqn teams architects art consultants developers, enqineers, 1049 fabricators and landscape architects: meetinq scheduled 1050 deadlines? negotiatinq and contracting their work responsibly; and 1051 conceptualizinq desiqninq fabricatinq and installinq larqe-scale 1052 outdoor sculpture similar in scope to the proposed sculpture; and 1053 1054 (3) Artists shall have the experience and expertise to create site 1055 specific public art after consideration of contextual issues related to 25 1056 the development site includinq architectural style the future use 1057 and users of the development project and community input. 1058 1059 (m) Applications Applications and supportinq materials shall be submitted to 1060 the Director of the Office of Cultural Affairs who shall provide the Arts and Humanities 1061 Commission members with copies thereof. The form of such application and 1062 requirements for supportinq materials shall be determined by the Director. 1063 1064 (n) Conflictinq provisions The procedures set forth in this section shall 1065 exclusively qovern the selection placement and other provisions pertaininq to public art 1066 as an Optional Form of Development such that in the event of a conflict with any other 1067 ordinance directive or other provision concerninq public art as an Optional Form of 1068 Development the provisions of this section shall control. 1069 1070 COMMENT 1071 The section allows public art to be used as an Optional Form of Development (OFD) as an 1072 alternative to conformity with certain of the Development Standards listed in Section 2204. Public 1073 art not used as an OFD is nol covered by the provisions of the section; only where public art is used 1074 as an OFll in place of conformity with a required development standard, such as setback, build-to, 1075 transparency, blank wall or outdoor amenity space requirements, is the section applicable. 1076 1077 The section includes, among other things: 1078 1079 • Restrictions on the location of artworks; 1080 1081 • Provisions for review and approval by the Public Art Committee of the Arts and 1082 Humanities Commission, and if located on publicly-owned property, by the City 1083 Council; 1084 1085 • Artist qualification criteria; 1086 1087 • Planting/landscaping and maintenance requirements; 1088 1089 • Commercialization prohibitions; and 1090 1091 • Originality and related requirements. 1092 1093 1094 Sec 2208. Nonconforminq buildinqs and structures, 1095 1096 (a) Notwithstandinq the provisions of Section 105(d), additions to or 1097 substantial alterations of anv buildingor other structure rendered nonconforminq by the 1098 adoption of this Article shall be allowed if: 1099 26 1100 (1) Not more than fiftv percent (50%) of the oriqinal buildinq or 1101 structure is demolished in order to accomplish the addition or 1102 substantial alteration; 1103 1104 (2) The exterior footprint of the buildinq or structure, includinq the floor 1105 plate of upper stories is not increased by more than fifteen percent 1106 15% ; 1107 1108 (3) The heiqht of such buildinq or structure is not increased bv more 1109 than fifteen percent (15%) in any district in which there is a 1110 maximum heiqht limitation? provided that no structure shall be 1111 hiqher than otherwise allowed by Section 202; 1112 1113 (d) The use or uses of the buildinq or structure conform to the 1114 provisions of this Article or are allowed by special exception for 1115 Alternative Compliance pursuant to Section 2205; 1116 1117 (5) The buildinq or structure as added to or substantially altered, will 1118 be compatible with surroundinq properties and neighborhoods? and 1119 1120 (6) The portions of the buildinq or structure that are added or 1121 substantially altered substantially conform to the Central Business 1122 Core District Desiqn Guidelines as determined by the Planninq 1123 Director after review and recommendation by the Central Business 1124 District Desiqn Review Committee. 1125 1126 (b) Except as provided in subsection (c) additions to or substantial alterations 1127 of nonconforminq buildinqs and other structures not allowed pursuant to subsection (a) 1128 shall require a special exception for Alternative Compliance in accordance with the 1129 provisions of Section 2207. 1130 1131 (c) Any nonconformincbuildinq or structure that is involuntarily damaqed or 1132 destroved mav be reconstructed or restored to its prior condition and location within two 1133 (2) years of its beinq damaqed or destroyed? provided that any enlarqement or 1134 substantial alteration of such buildinq shall be subject to the provisions of this section. 1135 1136 COMMENT 1137 1138 The section contains rules governing additions or substantial alterations to nonconforming 1139 buildings and other structures. The rules provide an exception to the provisions of City Zoning 1140 Ordinance Section 105, which requires approval of all voluntary enlargements, substantial 1141 alterations or reconstructions, by allowing a limited number of such actions as a matter of right, so 27 1142 long as certain criteria are met. As required by state law, nonconforming buildings and structures 1143 that are involuntarily damaged or destroyed may be rebuilt to their prior condition without City 1144 Council approval. 1145 1146 1147 C. SIGN REGULATIONS 1148 1149 Sec 2209 Intent; findinqs, establishment of special siqn district. 1150 1151 (a) Intent The intent of the sign requlations set forth in this section is to: 1152 1153 (1) Encouraqe siqnaqe that enhances the overall aesthetics of the 1154 Central Business Core District; 1155 1156 (2) Ensure that the public benefits derived from past and future 1157 expenditures of public funds for the infrastructure improvements 1158 and beautification of the streets and public spaces are protected by 1159 preventinq visual clutter caused by excessive or poorly placed 1160 si na e; 1161 1162 (3) Encouraqe siqnaqe that is reflective of the aesthetics and character 1163 of its location and compatible with and inteqrated into, the 1164 buildinq's architectural desiqn and with other siqns on the property; 1165 1166 (4) Provide incentives for hiqh-quality siqnaqe bv increasinq siqnaqe 1167 allowances for siqns that conform to the Central Business Core 1168 District Desiqn Guidelines; and 1169 1170 (5) Encourage creativitv by providing flexibilitv to utilize siqnaqe not 1171 only as a means of identifyinq a business establishment but as a 1172 decorative feature to enhance the appearance of a buildinq as well. 1173 1174 (b) Findinqs. The City Council finds that: 1175 1176 (1) Siqns have a strong visual impact on the character and quality of a 1177 community. They are an inteqral part of the cityscape and, as such, 1178 can enhance or detract from the City's imaqe and character. As a 1179 prominent part of the cityscape they can attract or repel the viewer, 1180 and affect the safetv of vehicular traffic, and their suitabilitv helps to 1181 define the way in which a community is perceived. Because the 1182 City of Virginia Beach relies on the attractiveness of the Town 1183 Center area to attract tourists and commerce, aesthetic 28 1184 considerations are directly related to economic value. Apart from 1185 economic considerations however, there are intanqible benefits for 1186 a community in which siqnaqe is orderly and attractive; 1187 1188 (2) The City's current siqn requlations address characteristics such as 1189 the size and number of siqns but qenerallv do not address other 1190 characteristics such as desiqn that are equally important in 1191 promotinq an attractive urban downtown area. 1192 1193 (3) Desiqn standards for siqnaqe are used in manv other localities that 1194 are known for their attractiveness and appeal to residents and 1195 visitors alike and have been well-accepted by both businesses and 1196 the qeneral public as a means of enhancinq the overall appearance 1197 and prosperity of the community; and 1198 1199 (4) Providinq incentives for businesses to display siqnaqe that 1200 conforms to voluntary desiqn quidelines is an appropriate means of 1201 encouraqinq those businesses to use well-desiqned, hiqhly 1202 attractive siqns that harmonize with the buildinqs on which thev are 1203 displayed the surroundinq neiqhborhood and other siqnaqe in the 1204 area. 1205 1206 (c) Establishment of special sipn district The Central Business Core District 1207 is herebv declared a special siqn district in which the provisions of this section apply. 1208 1209 COMMENT 1210 1211 The section sets forth the intent and findings underlying the sign regulations in this Article 1212 and declares the Central Business Core District a special sign district. 1213 1214 Sec 2210. Requlations applicable to all siqnaqe. 1215 1216 The followinq requlations shall applv to all siqnage within the Central Business 1217 Core District All signaqe shall comply with the provisions of Article 2, Part B of the Citv 1218 Zoninq Ordinance except as otherwise expressly provided in this section. Definitions of 1219 siqn types shall be as set forth in Section 210.2. In the event of a conflict between the 1220 provisions of this section and any other provision of the Citv Zoninq Ordinance, the 1221 provisions of this section shall apply. 1222 1223 (a) Permitted siqn tvpes The followinq sign types shall be permitted within 1224 the Central Business Core District: 29 1225 1226 (1) Awninq siqns shall be limited to one (1) siqn per awninq and shall 1227 not exceed a maximum of two (2) square feet in area. Awninq 1228 siqns conforminq to the Central Business District Desiqn Guidelines 1229 shall not be included in determininq the allowable siqnaqe of any 1230 establishment pursuant to subsection (b). 1231 1232 (2) Banner sipns other than those allowed in connection with maior 1233 entertainment venues shall be affixed only to a vertical facade of 1234 the buildinq and not on or extendinq above the roof. No banner 1235 siqn shall exceed eiqht (8) square feet in area or be hiqher than 1236 fifteen (15) feet above street level directly below such siqn. The 1237 lonqer dimension of the siqn shall be no less than two times the 1238 shorter dimension One (1) such siqn shall be allowed for every 1239 twenty-five (25) linear feet of frontaqe of the buildinq to which they 1240 are affixed. 1241 1242 (3) Buildinq identification siqns shall be mounted at least three-fourths 1243 (3/4) of the distance from qround level to the top of the buildinq, but 1244 no hiqher than the roofline. Commercial buildinqs shall have a 1245 maximum of two (2) buildinq identification siqns which shall not 1246 exceed the area set forth below. Additionally, two (2) buildinq 1247 identification signs not exceedinq twentv (20) square feet each, 1248 mav be allowed at street level. 1249 1250 Bldq Heiqht (in feet) Maximum area per siqn (in square feet) 1251 1252 Less than 75 75 1253 75-99 100 1254 100-149 125 1255 150-199 175 1256 200-249 225 1257 250-299 275 1258 300 or more 300 1259 1260 1261 (4) Chanqeable copv signs shall only be allowed for purposes of 1262 displayinq information re qardinq movie theater, music, or other 1263 similar performances or events where the chanqeable copv portion 1264 of such signs is not qreater than 40% of the total area of the siqn or 1265 20% of the total siqn area allowance of an establishment, 30 1266 whichever is less. Skewed or missinq letterinq shall be promptly 1267 replaced. 1268 1269 (5) Electronic display si.qns, rope liqhtinq, low-voltaqe strip liqhtinq or 1270 strinqs of liqhts shall be allowed only for malor entertainment 1271 venues and shall require the approval of the City Council. 1272 1273 (6) Freestandinq signs shall be monument-stvle only and shall be 1274 allowed onlv by special exception for Alternative Compliance and 1275 onlv if the City Council determines that such signs conform to the 1276 apalicable Central Business Core District Desian Guidelines. 1277 1278 (7) Hanqinq siqns shall have a maximum of two (2) faces, which shall 1279 be parallel to each other, and shall not exceed six (6) square feet 1280 per face in sign area. In addition, no business establishment shall 1281 have more than one (1) hanqinq siqn, and no business 1282 establishment havinq a hanqinq siqn shall also have a projectinq 1283 siqn. No hanqinq siqn shall be internally illuminated or horizontally 1284 prolect over any public sidewalk by more than three (3) feet. 1285 Hanqinq siqns shall maintain a minimum clearance of eiqht (8) feet 1286 above qround level. Any hanqinq siqn that prolects over a public 1287 sidewalk shall conform to all applicable Central Business Core 1288 District Desian Guidelines. 1289 1290 (8) Information board signs shall be placed within a weather-resistant 1291 closed display cabinet no greater than eiqht (8) square feet in area, 1292 permanently mounted to the buildinq wall. The maximum heiqht of 1293 the lettering on such signs shall not exceed one (1) inch, except for 1294 lettering comprising the name of the establishment. Information 1295 board signs conforming to the Central Business Core District 1296 Design Guidelines shall not be included in determininq the 1297 allowable signage of any establishment pursuant to subsection (b). 1298 1299 (9) Maior entertainment venue siqns shall be permitted in accordance 1300 with the provisions of Section 218. 1301 1302 (10) Marpuee siqns shall be allowed only on buildings occupied by 1303 theaters, cinemas, performinq arts facilities or similar venues, and 1304 shall have a maximum area of one (1) square foot for each five (5) 1305 linear feet of buildinq faQade to which it is attached. The top of 1306 the sian shall be at a heiaht no areater than eiahteen (18) feet 31 1307 above the qround immediately adlacent to the siqn and there shall 1308 be a minimum clearance of nine (9) feet above qround level. In 1309 addition such siqns mav contain one (1) chanqeable copy siqn 1310 displayinq information reqardinq movie theater, music, or other 1311 similar perFormances or events not to be included in the 1312 establishment's total siqn allowance so lonq as such siqn does not 1313 contain any other commercial content. Marquee siqns may 1314 encroach above a public sidewalk by a maximum horizontal 1315 distance of ten (10) feet if such marquee conforms to the Central 1316 Business Core District Desiqn Guidelines. 1317 1318 (11) Public or private parkinq structures and parkinq qara.qes may have 1319 one (1) siqn per vehicle entrance and two (2) additional siqns, all of 1320 which mav be proiect from the buildinq to which they are affixed bv 1321 a maximum of four (4) feet Such siqns shall maintain a minimum 1322 clearance of nine (9) feet above qround level. Such siqns shall be 1323 no larqer than seventy-five (75) square feet in area contain only 1324 information identifyinq the buildinq on which they are located as a 1325 parkinq structure or qaraqe and be internally illuminated. 1326 1327 (12) Proiecting siqns shall have a maximum of two (2) faces, which shall 1328 be parallel to each other, and shall not exceed six (6) square feet 1329 per face in siqn area No proiectinq siqn shall be internallv 1330 illuminated or, except for parking qarage siqns proiect more than 1331 three (3) feet from the wall to which it is affixed. Such siqns shall 1332 maintain a minimum clearance of nine (9) feet above qround level. 1333 No business establishment shall have more than one (1) proiectinq 1334 siqn and no business establishment havinq a prolectinq siqn shall 1335 also have a hanqinq siqn Any proiectinq siqn that proiects over a 1336 public sidewalk shall conform to all applicable Central Business 1337 Core District Desiqn Guidelines. 1338 1339 (13) Sandwich board sipns shall be made primarilv of wood, wood 1340 composite or metal and have a professional finish. Incorporated 1341 inserts must contain a fixed messaqe or be made out of 1342 chalkboard dry eraser board or similar material. Such siqns shall 1343 be placed no farther than three (3) feet from the fa(;ade of the 1344 buildinq in which the business that is the subiect of the siqn is 1345 located and a travel width of at least eiqht (8) feet shall be 1346 maintained on public sidewalks Such siqns shall not be artificially 1347 illuminated or left out overniqht Only one sandwich board siqn not 32 1348 to exceed six square feet per side shall be permitted per business. 1349 No merchandise or other material shall be placed on or hanq from 1350 any such siqn Such siqns mav be carried by a person on a public 1351 sidewalk so lonq as such siqn does not obstruct or impede 1352 pedestrian passaqe Sandwich board siqns conforminq to the 1353 Central Business District Desiqn Guidelines shall not be included in 1354 determininq the allowable siqnaqe of any establishment pursuant to 1355 subsection (b). 1356 1357 (14) Siqns advertisinq property for sale lease or rent shall be permitted; 1358 provided however that no such siqn shall exceed four (4) square 1359 feet in surface area Not more than two (2) such siqns shall be 1360 permitted for any property havinq more than one hundred (100) 1361 feet of lot line at the street riqht-of-wav and anV property havinq 1362 less than one hundred (100) feet of such lot line shall have no more 1363 than one siqn not exceedinq sixteen (16) feet of surFace area. 1364 1365 (15) Table umbrella siqns shall be limited to no more than two (2) siqns 1366 on each umbrella and no more than two (2) square feet per siqn. 1367 Table umbrella siqns conforminq to the Central Business Core 1368 District Desiqn Guidelines shall not be included in determininq the 1369 allowable siqnaqe of any establishment pursuant to subsection (b). 1370 1371 (16) Wall siqns shall not extend above the buildinq wall to which thev 1372 are affixed and no wall siqn shall extend more than twelve (12) 1373 inches from the wall to which thev are affixed. 1374 1375 (17) Window sipns shall not consist of or contain oscillatinq liqhts, rope 1376 liqhtinq low-voltaqe strip liqhtinq electronic displav siqns, 1377 televisions computer monitors or backlit or internally illuminated 1378 displays or graphics: provided however, that holidav liqhts framinq 1379 or placed inside windows shall be allowed for a period of thirtv (30) 1380 davs prior to and ten (10) days after a holidav for which the display 1381 of such liqhts is traditional One (1) non-oscillatinq neon or similar 1382 type of siqn no larqer than four (4) square feet in area shall be 1383 permitted in one (1) window of each faQade visible from a public 1384 street or sidewalk. 1385 1386 (b) Siqnaqe allowances The requlations set forth in this subsection prescribe 1387 the number of siq ns total siqn area allowance and other characteristics of siqnaqe 1388 within the District Unless otherwise provided the allowances apply to each separate 33 1389 business establishment In the event of a conflict between any of the followinq 1390 provisions and the provisions of subsection (a) the provisions of this section control 1391 unless stated otherwise. 1392 1393 (1) Mixed-use buildinps Commercial business establishments located 1394 within mixed-use buildinqs and havinq direct inqress or eclress from 1395 a public street may have a maximum of one (1) square foot of 1396 siqnaqe per linear foot of each buildinq wall facinq a public street 1397 and occupied by such establishment and a maximum of four (4) 1398 siqns No such siqn shall exceed sixty (60) square feet in area and 1399 no sinqle use shall have more than two (2) siqns on any buildinq 1400 farade. 1401 1402 In addition one (1) siqn identifyinq the entrance to upper-floor 1403 residential dwellinq units and not exceedinq eiqht (8) square feet 1404 shall be permitted at street level at each principal entrance. 1405 1406 (2) Other buildinps In addition to buildinq identification siqns allowed 1407 by Section (a)(3) commercial business establishments located 1408 within buildinqs other than mixed-use buildinqs and havinq direct 1409 inqress or egress from a public street or sidewalk may have a 1410 maximum of one (1) square foot of siqnaqe per linear foot of each 1411 buildinq wall occupied by such establishment and facinq a public 1412 street Such establishment mav have a maximum of one (1) siqn 1413 for each buildinq farade facing a public street. 1414 1415 Additionallv where a commercial buildinq is located on a zoninq lot , 1416 with a parkinq structure that is used to satisfy, in whole or in part 1417 the vehicular parkinq requirements of the commercial buildinq, such 1418 commercial building may have one (1) wall siqn with a maximum 1419 area equal to one (1) square foot of siqnaqe per linear foot of the 1420 building wall on which the siqn is located for each buildinq fagade 1421 facinq a public street and one (1) wall siqn located on the parkinq 1422 structure serving the commercial building with a maximum area no 1423 qreater than one (1) square foot of siqnage per linear foot of the 1424 buildinq wall of the parkinq structure on which the siqn is located. 1425 1426 Multiple-family dwellinqs mav have a total of one (1) square foot of 1427 siqnaqe per linear foot and a maximum of finro (2) siqns for each 1428 buildinq farade facing a public street. 1429 34 1430 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440 1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 (c) Central Business Core District Desiqn Guidelines? Bonus Siqnaqe. 1 Siqnaqe conforminq to the Central Business Core District Desiqn Guidelines ("Desiqn Guidelines") shall be sublect to the followinq provisions: 2 Where all siqnaqe displaved bv an establishment conforms to the Desiqn Guidelines the maximum siqn area of each individual siqn and the total siqn area allowance of the establishment, if any, is increased by twenty-five per cent (25%) of the area otherwise allowed bv this section Any establishment that is entitled to three or more siqns may also have one additional "bonus" siqn of an allowed siqn type other than a prolectinq siqn which siqn shall conform to the Desiqn Guidelines and all applicable provisions of this sectiom provided however, that the total siqn area of all siqnaqe shall not be further increased bv reason of the "bonus" siqn. 3 All siqns that are allowed to encroach into or over a public street or sidewalk shall conform to the Desiqn Guidelines, unless otherwise authorized bv resolution of the Citv Council pursuant to City Code Section 33.1-114. 1453 4 The Planninq Director shall determine whether or not siqnaqe 1454 conforms to the Desiqn Guidelines and mav in makinq such 1455 determination seek the advice of the Central Business District 1456 Association Desiqn Review Committee or a desiqnated 1457 subcommittee thereof. 1458 1459 COMMENT 1460 1461 The section sets forth the sign regulations applicable to the Central Business Core District. 1462 They are based upon the sign regulations currently in effect in the B-3A Pembroke Central 1463 Business Core District, but also incorporate newer features contained in the sign regulations of the 1464 Oceanfront Resort llistrict Form-Based Code (ORDFBC), such as allowing signage generally found 1465 in urban locations, such as projecting signs, sandwich board signs, banners and marquee signs. As 1466 in the ORDFBC, bonus signage is allowed if all of an establishment's signage conforms to the 1467 applicable Design Guidelines, which are set forth in Section 2211 below. 1468 1469 35 1470 D. DESIGN GUIDELINES. 1471 1472 Sec 2211 Central Business Core District Desiqn Guidelines. 1473 1474 The Central Business Core District Desiqn Guidelines (January 2014) appended 1475 hereto are hereby incorporated by reference into this Article. Such Guidelines shall 1476 supersede Section V(Architectural Guidelines) and Sections VII throuqh X(Siqnaqe 1477 Guidelines/Desiqn Review Process) of the Central Business District Urban Guidelines 1478 (February 4 2004) and the Special Area Desiqn Guidelines Urban Areas, set forth in 1479 the Reference Handbook of the Comprehensive Plan. 1480 1481 COMMENT 1482 1483 The Central Business Core District Design Guidelines set forth generally voluntary design 1484 guidelines. They are appended to this ordinance. These Guidelines supersede the current guidelines 1485 referenced in the section. 1486 1487 E. VEHICULAR PARKING REGULATIONS. 1488 1489 Sec. 2213 Off-street parkinq. 1490 1491 (a) For purposes of this section the term "parkinq requirements" shall mean 1492 the number of off-street vehicular parking spaces required bv this section. 1493 1494 (b) Parkinq requirements shall be determined in accordance with a parkinq 1495 analysis prepared by a licensed professional engineer or other qualified professional. 1496 Such analysis shall contain at a minimum the current parkinq utilization, parkinq 1497 demands based upon current land uses a determination of a surplus or shortaqe of 1498 parkinq and the impact of the proposed development on parkinq and traffic conditions. 1499 The Planninq Director shall determine the adequacv of the analysis. 1500 1501 (c) Notwithstandinq anythinq in this ordinance to the contrary, required off- 1502 street parkinq for any use located within the District mav be made available for use bv 1503 the general public as well as by the customers or aatrons of such use. 1504 1505 (d) Parkinq requirements for uses within the District may be satisfied by any 1506 one or a combination of, the followinq: 1507 1508 (1) On-site parkinq; 1509 36 1510 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 1521 1522 1523 1524 1525 1526 1527 1528 1529 1530 1531 1532 1533 1534 1535 1536 1537 1538 1539 1540 1541 1542 1543 1544 1545 1546 (2) Off-site parkinq facilities as set forth in Section 901 of this ordinance; or (3) Public parkinq if the Planninq Director determines (i) that there is at least a sufficient number of public parkinq spaces located within the District to meet public parkinq demands; and (ii) that the use of such public parkinq spaces to satisfy the parkinq requirements of the proposed use either wholly or partially is warranted in liqht of the followinq considerations: A The extent to which the proposed use advances the qoals and obiectives of this Article; and B The extent to which the proposed use conforms to the Urban Desiqn Plan component of the Pembroke Strateqic Growth Area Plan. COMMENT The parking regulations set forth in this section are substantially the same as those in the current B-3A Pembroke Central Business Core District, with the exception of a provision concerning projected revenues from the use. Adopted by the City Council of the City of Virginia Beach on the day of . , 2014. Approved as to Content: Planning Department CA-12463 R-29 November 5, 2013 Approved as to Legal Sufficiency: . ? . City Attorney's Office 37 AN ORDINANCE TO ADD, AMEND AND REORDAIN, REPEAL OR RENUMBER THE FOLLOWING SECTIONS OF THE CITY ZONING ORDINANCE SO AS TO CONFORM TO THE PROVISIONS OF ARTICLE 22 (ESTABLISHING THE CBC CENTRAL BUSINESS CORE DISTRICT AND SETTING FORTH THE REGULATIONS PERTAINING TO SUCH DISTRICT), AS FOLLOWS: SECTIONS AMENDED AND REORDAINED: 102 (ZONING DISTRICTS) 105 (NONCONFORMITY) 107.1 (ALTERNATIVE COMPLIANCE) 111 (DEFINITIONS) 201 (YARDS) 203 (OFF-STREET PARKING REQUIREMENTS) 208 (PORTABLE STORAGE CONTAINERS) 210 (SIGN REGULATIONS - GENERAL) 210.2 (SIGNS - DEFINITIONS) 212 (PROHIBITED SIGNS) 239.05 (PARKING STRUCTURES AND PARKING GARAGES) 244 (RETAIL DESIGN GUIDELINES - APPLICABILITY, RULES OF CONSTRUCTION, MODIFICATIONS) 900 (BUSINESS DISTRICTS - LEGISLATIVE INTENT) 901 (BUSINESS DISTRICTS - USE REGULATIONS) 902 (BUSINESS DISTRICTS - DIMENSIONAL REQUIREMENTS) 903 (BUSINESS DISTRICTS - LANDSCAPE SCREENING AND BUFFERING REGULATIONS) 904 (BUSINESS DISTRICTS - HEIGHT REGULATIONS) 905 (BUSINESS DISTRICTS - SIGN REGULATIONS) 1001 (INDUSTRIAL DISTRICTS - USE REGULATIONS) 1803 (SPECIAL REGULATIONS IN AIR INSTALLATIONS COMPATIBLE USE ZONES - APPLICABILITY) SECTIONS ADDED: 218 (MAJOR ENTERTAINMENT VENUE SIGNS) 228.1 (CAR WASH FACILITES) SECTIONS RENUMBERED: 230 (RELIGIOUS USES) (RENUMBERED TO SECTION 240.1) 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 233.1 (BARS OR NIGHTCLUBS) (RENUMBERED TO SECTION 225.01) SECTIONS REPEALED: 233.01 (MULTIPLE-FAMILY DWELLINGS IN THE B-3A PEMBROKE CENTRAL BUSINESS CORE DISTRICT) WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 102, 105, 107.1, 111, 201, 203, 208, 210, 210.2, 212, 239.05, 244, 900, 901, 902, 903, 904, 905, 1001 and 1803 of the City Zoning Ordinance are hereby amended and reordained; Sections 218 and 228.1 of the City Zoning Ordinance are hereby added; Sections 230 and 233.1 of the City Zoning Ordinance are hereby renumbered, and Section 233.01 of the City Zoning Ordinance is hereby repealed, to read as follows: ARTICLE 1. GENERAL PROVISIONS. Sec. 102. Establishment of districts and official zoning maps. (a) In order to carry out the purposes and provisions of this ordinance, the following districts are hereby established the numbered cateqories of which a-Rd are hereby listed in order from most restrictive to least restrictive: (7) Business Districts. Business Districts shall consist of: B-1 Neighborhood Business District B-1A Limited Community Business District B-2 Community Business District B-3 Central Business District 2 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 B-4 Mixed Use District B-4C Central Business Mixed Use District B-4K Historic Kempsville Area Mixed Use District (13) F^rased Districts Implementinq Strateqic Growth Area Plans. The #orm-based districts intended to implement Strateqic Growth Area Plans shall consist of: (1) OR Oceanfront Resort District; and (2) CBC Central Business Core District COMMENT The amendments reflect that: (1) the new Central Business Core District, as well as future zoning districts that are intended to implement Strategic Growth Area Plans, will not necessarily be form-based; and (2) that the new CBC Central Business Core District replaces Yhe current B-3A Pembroke Central Business District in its entirety. In addition, the amendments to subsection (a) make it clear that, while the general categorics of zoning district are listed in order from most restrictive to least restrictive, the specific districts within each category are not necessarily listed as such. Sec. 105. Nonconformity. (d) (1) Enlargement or extension of nonconformity. No nonconforming use shall be increased in magnitude. No nonconforming use shall be enlarged or extended to cover a greater land area than was occupied by the nonconformity on the effective date of this ordinance or amendment thereto. No nonconforming use shall be moved in whole or in part to any other portion of the lot, parcel, or structure not occupied by the nonconformity on the effective date of this ordinance or amendment thereto, and no nonconforming 3 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 structure shall be moved at aii except to come into compliance with the terms of this ordinance. No nonconforming structure shall be enlarged, extended, reconstructed, or structurally altered, if the effect is to increase the nonconformity. As an exception to the above, any condition of development prohibited by this section may be permitted by resolution of the city council based upon its finding that the proposed condition is equally appropriate or more appropriate to the district than is the existing nonconformity city council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance. Applications for the enlargement, extension or relocation of a nonconforming use or structure shall be filed with the planning director. The application shall be accompanied by a fee of five hundred dollars ($500.00) to cover the cost of processing the application. Notice shall be given as provided by Section 15.2-2204 of the Code of Virginia; provided, however, that written notice as prescribed therein shall be given at least fifteen (15) days prior to the hearing. The cost of the public notices required by Section 15.2- 2204 of the Code of Virginia shall be charged to the applicant. A sign shall be posted on the site in accordance with the requirements of section 108 of this ordinance. (2) T-he eR{argement Additions to, or substantial alterations ef reGE)RStFUGfiGR of, nonconforming structures located in any-#effn- based a zoninq district intended to implement a Strateqic Growth Area Plan shall be permitted epAy either in accordance with the regulations of such district or of this section. No nonconforming use located in any form-based district may be converted to any other use except as allowed pursuant to the regulations of such district. COMMENT 'I'he amendment provides that additions to or substantial alterations of nonconforming structures in zoning districts intended to implement an SGA Plans shall be allowed under either this section or the applicable regulations of the particular zoning district in which the structure lies. 4 164 Sec. 107.1. Alternative compliance in #erm-ba?^?'??-`tG. certain eiistricts. 165 166 To the extent provided by the regulations of any 167 zonin district 168 listed in Section 102(a)(13): 169 170 (a) The city council may grant special exceptions in accordance with the alternative 171 compliance provisions of the district to allow the development of new uses or structures, 172 or additions to or alterations of existing structures, that do not conform to the uses or 173 #er-rns-e? development standards otherwise permitted or required under the applicable 174 district regulations. 175 176 (b) The fee for applications for special exceptions pursuant to this section shall be in 177 the amount of four hundred ($400.00). 178 179 COMMF.NT 180 181 The amendments reflect the fact that the new Central Business Core llistrict, as well as 182 future zoning districYs that are intended to implement Strategic Growth Area Plans, are not limited 183 to form-based or overlay districts. The amendments to subsection (a) are technical and in nature 184 and have no substantive effecY. 185 186 .... 187 188 Sec.111. Definitions. 189 190 For the purpose of this ordinance, words used in the present tense shall include 191 the future; words used in the singular number include the plural and the plural the 192 singular; the use of any gender shall be applicable to all genders; the word "shall" is 193 mandatory; the word "may" is permissive; the word "land" includes only the area 194 described as being above mean sea level; and the word "person" includes an individual, 195 a partnership, association, or corporation. 196 197 In addition, the following terms shall be defined as herein indicated; provided that in the 198 event a term defined in this section is defined differently in the regulations of any form- 199 based district, the latter definition shall control if the property to which the definition 200 applies is located in the form-based district: 201 202 Automobile repair establishment . A building or 203 portion thereof, designed or used for servicing of automotive or other motorized vehicles 204 where repair services are limited to the following and no motor vehicle fuel is dispensed: 5 205 206 (a) Adjusting and repairing brakes; 207 208 (b) Emergency wiring repairs; 209 210 (c) Greasing, lubrication and oil change; 211 212 (d) Motor adjustments not involving removal of the head or crankcase; 213 214 (e) Providing and repairing fuel pumps and lines; 215 216 (f) Radiator cleaning and flushing; provision of water, antifreeze and other 217 additives; 218 219 (g) Replacement or adjustment of minor automobile accessories, to include 220 mirrors, windshield wipers and the like; 221 222 (h) Servicing of non-motorized bicycles; 223 224 (i) Sale and servicing of spark plugs, batteries, and distributors and distributor 225 parts; 226 227 (j) Servicing and repair of carburetors; 228 229 (k) Servicing, repair and sales of mufflers and exhaust systems; 230 231 (I) Tire sales, servicing and repair, but not recapping or regrooving; 232 233 (m) Washing and polishing, and sate of automotive washing and polishing 234 materials. 235 236 Uses permissible at an automobile repair establishment do not include body work, 237 straightening of frames or body parts, steam cleaning, painting, storage of automobiles 238 not in ope rating condition nor the operation of a commercial garage as an accessory 239 use. 240 241 Automobile service station Any establishment at which motor vehicle fuel is 242 dispensed at retail Such establishments may provide some or all of the services 243 provided b y an automobile repair establishment. 244 245 ... . 246 247 Major entertainment venue An establishment located within a Strateaic Growth 248 Area on any zoninq lot of one and one-half (1-1/2) acres or more in area and havinq 6 249 more than three hundred (300) feet of continuous street frontaqe on a public street or 250 streets the principal use of which is to provide entertainment consistinq of sporting 251 events whether participatory or spectator, live theatre presentations or concerts, 252 conventions trade shows rides or other attractions typically found in amusement parks, 253 or similar types of entertainment. 254 255 .... 256 257 Outdoor amenity space An outdoor area of an establishment that: (1) serves as 258 an amenity for occupants of the establishment or members of the public or (2) consists 259 of qreen space such as qardens (includinq roof qardens) landscapinq beds or other 260 veqetated and maintained areas Examples of outdoor amenity space include, but are 261 not limited to courtyards fountains plazas cafes and qardens but do not include 262 outdoor display areas. 263 264 .... 265 266 -basegpe. AR imag;Rary ibne, 267 268 , 269 270 271 .... 272 273 Zoning lot. A lot or any portion thereof, or contiguous lots ^f +ho amo under 274 common ownership within a single zoning district, which are to be used, developed or 275 built upon as a unit. For the purpose of this definition, lots of the same ownership 276 separated solely by an alley of no more than twenty (20) feet in width and by a distance 277 not exceeding the width of the alley shall be considered contiguous. In a Strateqic 278 Growth Area zoninq lots may include lots containinq parkinq structures not under 279 common ownership with the other lots provided that such parkinq structures are utilized 280 to satisfy, in whole or in part the vehicular parkinq requirements of one or more of the 281 uses on the zoninq lot and the property is developed in such manner that the uses, 282 includinq the parkinq structures are functionally inteqrated bv means such as, but not 283 limited to pedestrian connections similar buildinq materials and architecture and 284 similarly styled siqnaqe Such siqns shall conform to the Central Business Core District 285 Siqn Desiqn Guidelines. 286 287 COMMEN'T 288 2$9 The amendments: 7 290 291 (1) Differentiate between the terms "automobile repair establishment' and "automobile 292 service establishment or "automobile service station"; 293 294 (2) Add a definition of the term "major entertainment venue"; 295 296 (3) Add a definition of "outdoor amenity space"; 297 29$ (4) Delete the detinition of "setback baseline," as the term is not used in the new 299 Central Business Core DisYrict regulations; and 300 301 (5) Update the definition of the term "zoning lot" to reflect common forms oi' 302 development in urban areas, in which a parking structure serving one or more 303 establishments is under separate ownership from Yhose establishments 304 notwithstanding that the parking structure and the establishments it serves are 305 developed as an integrated whole. 306 307 308 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 309 TO ALL DISTRICTS 310 311 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 312 PARKING AND OFF-STREET LOADING 313 .... 314 315 Sec.201. Yards. 316 317 (a) General. All required yards shall be unobstructed by any structure or 318 other improvement which exceeds sixteen (16) inches in height as measured from 319 ground elevation; provided, however, the following improvements may be located in a 320 yard: 321 322 .... 323 324 (9) Encroachments into required setbacks allowed by, and subject to, the provisions 325 of a zoninq district listed in Section 326 102 a 13 . 327 328 COMMENT 329 330 The amendments broaden the provisions of this section to include any zoning district 331 intended to implement the provisions of a Strategic Growth Area Plan. To date, such districts 332 include the Oceanfront Resort District and the new Central Business Core District. 333 8 334 .... 335 336 Sec. 203. Off-street parking requirements. 337 338 (g) Parking requirements in the 339 8-4C Central Business Mixed Use Districts. 340 this O , , 341 342 prefessoenal . SUGh aRalysis shall GGRtaiR, at a MiRiMUM, 343 utilization, , 344 m , ' 345 m. Within the B-4C Central Business 346 Mixed Use District, there shall be provided for nonresidential uses, except hotels and 347 uses accessory to hotels, no fewer than three (3) spaces per one thousand (1,000) 348 square feet of gross floor area, and for residential uses no fewer than one and seven- 349 tenths (1.7) spaces per dwelling unit. Parking requirements for hotels and uses 350 accessory to hotels shall be as specified in subsection (a). 351 352 (h) Same; shared parking. Notwithstanding anything in this ordinance to the 353 contrary, required off-street parking for any use located on property within the B-3A 354 P---embroar Ce?n+r.,?:-Business-r4re n,6+r,G+ „r g_4C Central Business Mixed Use District 355 may be made available for use by the general public as well as by the customers or 356 patrons of such use; provided, however, that i- t"° R^G G°^+r^' R„ ;no s nn,.,od Us 357 D+s#+Et, no parking space shall be used to satisfy the parking requirement of more than 358 one (1) establishment. The required number and dimensions of parking spaces shall be 359 as specified in this section. 360 361 (i) Publis Required parking in the 362 B-4C Central Business Mixed Use Districts. Parking requirements for uses within the B- 363 B-4C Central Business Mixed Use 364 District may be satisfied by any one, or a combination of, the following: 365 366 (1) On-site parking; 367 368 (2) Off-site parking facilities, as set forth in section 901 of this ordinance; or 369 370 (3) Public parking, if the Planning Director determines (i) that there is at least 371 a sufficient number of public parking spaces located within the same 372 development phase of the District as the proposed use to meet public 373 parking demands; (ii) that for uses in the B-4C Central Business Mixed 9 374 Use District, such public parking spaces are not used to satisfy the parking 375 requirements of any other use, and (iii) that the use of such public parking 376 spaces to satisfy the parking requirements of the proposed use, either 377 wholly or partially, is warranted in light of the following considerations: 378 379 A. The extent to which the proposed use advances the goals and 380 objectives of the 381 B-4C Central Business Mixed Use District, +"° ^a..° may ".-, as 382 stated in section 900 of the City Zoning Ordinance; 383 384 B. The extent to which the proposed use conforms to the UrbaR 385 386 387 , 388 . , 389 the Mixed Use Development Guidelines; and 390 391 C. The amount of the projected tax revenue to be generated by the 392 proposed use and improvements. 393 394 (j) Any regulation pertaining to vehicular parking in a#orm --based zonin 395 district listed in section 102(a)(13) d-i-s#rist that conflicts with a provision of this section 396 shall be deemed to control to the extent of such conflict. 397 398 For purposes of this section, the term "parking requirements" shall mean the number of 399 off-street vehicular parking spaces required by this section. 400 401 COMMENT 402 403 The amendments delete the provisions of this section that apply in the 13-3A Pembroke 404 Central Business Core District, as the new Central Business Core District regulations contain 405 equivalent provisions. The amendments in subsection (j) broaden the remaining provisions of this 406 section to inclade aoy zoning district intended to implement the provisions of a Strategic Growth 407 Area Plan. To date, such districts include the Oceanfront Resort District and the new Central 408 Business Core llistrict. 409 410 .... 411 412 10 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 Sec. 208. Portable storage containers. Portable storage containers located outside of an enclosed building or structure shall be allowed only as specified in this section and subject to the following regulations: (d) Hotel, Office, and RT-1 Resort Tourist,- Districts; Strateqic Growfh Areas. In the Hotel, Office; and RT-1 Resort Tourist aRd--9R Districts and districts listed in section 102(a)131, portable storage containers shall be allowed as follows: (1) When used in connection with bona fide construction activity on the site and for an additional period of twenty-four (24) hours before and after such activity, portable storage containers shall be allowed without limitation as to the number of portable storage containers; and (2) Portable storage containers shall be allowed for a period not exceeding sixteen (16) days when used in connection with the moving or relocation of a commercial establishment located, or to be located, on the site. COMMENT The amendments broaden the provisions of this section to include any zoning district intended to implement the provisions of a Strategic Growth Area Plan. To date, such districts include the Oceanfront Resort District and the new Central Business Core District. B. SIGN REGULATIONS. Sec. 210. General regulations. (a) The regulations set forth in this part shall apply to signs in all zoning districts, including #eFm-ba-sed zoning districts listed in Section 102(a)(13). 11 452 COMMENT 453 454 The amendments broaden the provisions of this section to include any zoning district 455 intended to implement the provisions of a Strategic Growth Area Plan. To date, such districts 456 include the Oceanfront Resort District and the new Central Business Core District. 457 458 .... 459 460 Sec.210.2. Definitions. 461 462 The following definitions shall apply to all regulations pertaining to signs in this 463 Ordinance, including regulations governing signs in #nrrn hase? zoning districts listed in 464 Section 102(a)(13): 465 .... 466 467 Building . 468 . 469 .... 470 COMMENT 471 '1'he amendments broaden the provisions of this section to include any zoning district 472 intended to implement the provisions of a Strategic Growth Area Plan. To date, such districts 473 include the Oceanfront Resort Distriet and the new Central Business Core llistrict. In addition, the 474 definition of "bailding frontage" is deleted as annecessary. 475 .... 476 Sec. 212. Prohibited signs. 477 478 The following signs shall be prohibited: 479 .... 480 (c) Signs in any public right-of-way, except as provided in section 211(a) or 481 section 211(k), or as allowed in any #Fm based zoning district listed in Section 482 102 a 13 or Arts and Cultural District. 483 .... 12 484 (I) Signs in violation of section 33-114.1 of this Code, except for signs that 485 are allowed to encroach into the public right-of-way under the applicable regulations of 486 any #nrra--ha-se? zoning district listed in Section 102(a)(13) or Arts and Cultural District. 487 488 COMMENI' 489 The amendrnents broaden the provisions of this section to include any zoning district intended to 490 implement the provisions of a Strategic Growth Area Plan. To date, such districts include the 491 Oceanfront Resort District and the new Central Business Core District. 492 .... 493 Sec. 218. Major entertainment venue signs. 494 Siqnaqe for maior entertainment venues other than siqnaae otherwise allowed, 495 shall be allowed only with the approval of the City Council and shall be subject to the 496 Followinq requirements: 497 498 (a) An application for such siqnaqe shall be submitted to the Planninq Director 499 by the property owner, contract purchaser with the written consent of the property 500 owner, or the duly authorized aqent for the property owner. Applications shall include a 501 fee in the amount of Eiqht Hundred Dollars ($800 00) and the required plan as 502 described in subsection (b) alonq with any other information required by the Planninq 503 Director. Applications shall be heard by the Planninq Commission and the Citv Council 504 in accordance with the procedures prescribed in subsections (d) and (e) of Section 221 505 of the City Zoning Ordinance. 506 507 (b) The siqn plan shall show, in the form and manner specified bv the 508 Planninq Director, the type location setback size dimensions and heiqht of all siqns, 509 and anV other characteristics of or information pertaininq to such siqnaae deemed 510 necessarY bV the Planninq Director in order to adequately evaluate the proposed siqn 511 plan accordinq to the criteria set forth subsection (d) Individual banners intended to 512 display special or recurrinq events or activities shall not be required to be approved 513 separately, but it shall be sufficient that the siqn plan show the number, size and 514 location of banners qenerally. 515 516 (c) Where a siqn plan includes electronic display siqnaqe the followinq 517 additional information shall be provided: 518 519 (1) The pixel pitch of the proposed electronic display siqns; 520 13 521 (2) Whether such siqns will displav static or animated text or images, 522 and the dwell time for each display; 523 524 (3) The maximum and minimum illumination level in candelas per 525 square meter, and the times during which such illumination levels 526 will be used: and 527 528 (4) In no case shall any electronic display siqn contain, or be 529 connected to audio speakers and all electrical service lines 530 providinq power to such siqns shall be underqround. 531 532 (d) The City Council shall consider the followinq criteria in actinq upon an 533 application: 534 535 (1) The extent to which the proposed siqnaqe is consistent with 536 applicable Siqn Desiqn Guidelines, if any; 537 538 (2) The extent to which the proposed siqnaqe is consistent with the 539 recommendations of the Comprehensive Plan; 540 541 (3) The extent to which the scale color, materials shape illumination 542 and landscapinq of the proposed signaqe considered as a whole, 543 is compatible with surroundinq properties; 544 545 (4) The impact of the proposed siqnaqe on traffic safety takina into 546 consideration the degree to which view obstructions are created or 547 improved avoidance of confusion with or obstruction of traffic 548 control siqns and devices and other safety-related factors; and 549 550 (5) The deqree to which the proposed siqnaqe is intearated into a 551 unified development concept considerinq the buildinq desiqn, other 552 siqns landscapinq traffic circulation and other development 553 features of the propertv. 554 555 COMMENT 556 Thc section sets forth regulations for signage for major entertainment venues, which are 557 deiined in Section lll above. The language is substantially similar to that of the corresponding 558 regulations in the Oceanfront Resort llistrict Form-Based Code (012DFBC). Because Yhis section 559 applies to all such signage within the City, it is being deleted from the ORDFBC as no longer 560 necessary. 14 561 C. CONDITIONAL USES AND STRUCTURES 562 ... 563 Sec 225.01. Bars or niqhtclubs. 564 565 (a) Requirements In addition to qeneral requirements bars or niqhtclubs 566 shall be subject to the followinq requirements which shall be deemed to be conditions 567 of the conditional use permit: 568 (1) Cateqory VI landscapinq shall be installed alonq anv lot line 569 adjoininq a residential or apartment district without an interveninq 570 street alley or body of water qreater than fifty (50) feet in width. 571 The fencinq element of such landscapinq shall not be less than six 572 (6) feet nor more than eiqht (8) feet in heiqht and shall be free from 573 qraffiti Landscapinq and fencinq shall be maintained in qood 574 condition at all times; 575 576 (2) The operation of such establishments shall not disturb the 577 tranquility of residential areas or other areas in close proximity or 578 otherwise interfere with the reasonable use and enioyment of 579 neiqhborinq property by reason of excessive noise traffic, overflow 580 parkinq and litter. Noise from anv establishment located within five 581 hundred (500) feet of any residential or apartment district or use or 582 hotel shall not be audible from outside the buildinq in which such 583 establishment is located or, where such establishments are located 584 in a freestandinq buildinq from any location not on the same lot 585 except when exits are opened to allow patrons emplovees or other 586 persons to exit; 587 588 (3) Operators of such establishments shall not allow loiterinq or 589 conqreqations of individuals in the parkinq lot or other exterior 590 portions of the premises except for areas in which the consumption 591 of alcoholic beveraqes is specifically permitted by the terms of the 592 establishment's alcoholic beveracle control license and shall keep 593 all entrance and exit doors closed at all times of operation, except 594 when patrons employees or other persons are actually enterinq or 595 exitinq the establishment; 596 597 (4) Such establishments shall be required to implement anv other 598 reasonable measures the city council deems necessary or 15 599 appropriate to minimize noise Or other potential adverse effects 600 upon neiqhborinq areas; and 601 602 (5) No increase in the combined area of the dance floor and any other 603 standinq space shall be allowed without the approval of the city 604 council if, after such increase the combined area of the dance floor 605 and other standinq space exceeds fifteen (15) percent of the total 606 floor area of the establishment. 607 608 (b) Violafions A violation of any of the aforesaid requirements shall be 609 qrounds for revocation of the conditional use permit in accordance with the provisions of 610 section 221(h)? provided however, that where a bar or niqhtclub has not previously 611 been found to be in violation of the conditional use permit the zoninq administrator shall 612 give notice of the violation to the property owner or operator of the establishment 613 alleqed to be in violation of the conditional use permit and allow a reasonable time for 614 the violation to be corrected or remedied prior to the institution of proceedinqs to revoke 615 the conditional use permit under section 221(h) Any findinq by the zoninq administrator 616 that a bar or niqhtclub is in violation of the conditional use permit may be appealed to 617 the board of zoninq appeals in accordance with section 106. 618 619 (c) Accessory uses Bars or niqhtclubs shall not be allowed as an accessory 620 use in any zoninq district. 621 622 (d) Expansions etc Notwithstandinq anY other provision of this ordinance, no 623 conditional use permit or resolution pursuant to section 105(d) shall be required for the 624 enlarqement extension reconstruction or structural alteration of a bar or niqhtclub 625 lawfully in existence as of fdate of adoption of amendmentsl provided that: 626 627 (1) It has not previously been found to be in violation of the conditional 628 use permit authorizinq it, if anv; 629 630 (2) The net occupant load of the bar or niqhtclub is not increased as a 631 result of the enlarqement extension reconstruction or structural 632 alteration; 633 634 (3) The bar or nightclub has not been expanded or extended since fthe 635 date of adoption of this section "monrlmonts'; and 636 16 637 (4) Except with respect to structural alterations or reconstructions not 638 resultinq in an increase in occupant load such bar or niqhtclub is not 639 located within an accident potential zone (APZ). 640 641 642 It shall be a condition of any enlarqement extension reconstruction or structural 643 alteration pursuant to this section that the bar or niqhtclub shall thereafter be subiect to 644 the standards and conditions set forth in subsection (a) hereof. Any enlarqement, 645 extension reconstruction or structural alteration of a bar or niqhtclub not meetinq the 646 criteria set forth herein may be allowed bv the city council in accordance with section 647 105(d) or by conditional use permit as the case may be. In the event any such standard 648 or condition is found by the city council to have been violated, it may revoke the 649 permission to enlarqe extend reconstruct or structurally alter the establishment. Any 650 enlarqement extension reconstruction or structural alteration of a bar or niqhtclub not 651 meetinq the criteria set forth herein may be allowed by the city council in accordance 652 with section 105(d) or by conditional use permit, as the case may be. 653 654 COMMENT 655 This section is included solely in order to renumber the provision to maintain alphabetical 656 order of' the conditional uses listed in this part of the CZO and to make a technical correction 657 having no substantive effect in subdivision (d)(3) . 658 .... 659 Sec. 228.1. Car wash facilities. 660 In addition to general requirements the followinq special requirements and 661 limitations shall apply to car wash facilities in districts in which they are qenerally 662 permitted: 663 (a) No water produced by activities at the facility lot shall be permitted to fall upon or 664 drain across public streets or sidewalks or adlacent properties; and 665 (b) A minimum of three (3) off-street parkinq spaces for automobiles shall be 666 provided for each car wash space within the facility, unless otherwise provided in the 667 conditional use permit. 668 COMMEN'I' 669 The new section makes provision for car wash facilities. Currently, the same requirements 670 are set forth in the use regulations of the individual districts in which car wash facilities are 671 allowed; the placemeni of those requirements in this new section eliminates the need for repetition. 17 672 673 674 675 676 677 Ser.. 230. Rel"gmous . [RESERVED] , 678 679 . , , 680 681 . 682 683 ; pmvided, heweveF, , 684 685 . 686 ? 687 COMMENT 688 This section makes no changes from the current CZO provision and is included solely in 689 order to renumber the provision to maintain correct alphabetical order of the condiYional uses 690 listed in this part of the CZO. 691 .... 692 SeG. 233.01. 693 . [RESERVED] 694 695 In , 696 : 697 {a)- , 698 , 699 . 700 , 701 , 702 PFGjeGt, . 703 18 704 COMMENT 705 This seetion is deleted, as the new Central Business Core District regulations contain none 706 of the limitations set forth in this section and multiple-family dwellings are principal, rather than 707 conditional, uses. 708 .... 709 Ser.. 233.1. . [RESERVED] 710 711 . , 712 , 713 . 714 715 716 , . 717 718 719 graffiti. 720 ; 721 722 723 724 n?hor?nii.??o ???e cv ?nii+h +ho r To?+ r?nl+lo J-d oniG?imorit nf vnT?rvvrc, ?t? ??-o ?+r? 725 b , traffiG, eveFflew 726 . 727 728 729 , 730 m , . 731 , 732 noronno +„ o,,,+; 733 734 735 736 , 737 738 es+n.cirhirmrren+rs-Ct'Got0TG beverage GG1Ttttll ko oniJ chall Loo 739 al7 ^-c'''+7^^ ^^d ^"it rleerc. nlnserl n} a11 4imoc nf opora4ion ovnopf 19 740 wheR , 741 ovitinn 4ho oc+ahlichmont? 742 743 744 745 746 ; aRd 747 748 749 750 GeLiRGOI o , , 751 752 flnnr aroa nf +ho oc+Nhlichmont 753 754 (h`?- ' . 755 756 SeGtoon ; pFov*ded, hewever, 757 i, 758 759 760 761 762 763 . 764 765 . 766 . 767 768 , etG. , 769 770 eniargemeRt, O , 771 , prevoded : 772 773 774 uco pormi+ r+ufhnriZinn it if ony• , 775 776 777 roc? il4 v?f 4ho onl?.+rner?ont, exz +efl?? cinn ronnns? ?ri ic?i?r? n o, r cfr? irf? ir?l ,?a,r-,-?„??,??,-?,T --??, a??r?r 778 alterat+eR-; 779 20 780 781 ; aRd 782 783 784 , 785 786 787 , extensmen, 788 789 . ARy , 790 extensiOR, 791 792 i, . 793 , e 794 , , . 795 ieRt, , 796 797 o, . 798 799 COMMENT 800 T'his section makes no changes from the current CZO provision and is included solely in 801 order to renumber the provision to maintain correct alphabetical order of the conditional uses 802 listed in this part of the CZO. 803 Sec. 239.05. Parking structures and parkinq qaraqes. 804 (a) In addition to the general standards set forth in section 220, the city 805 council shall consider the extent to which the following standards have been met in 806 deciding applications for conditional use permits: 807 (1) Access to the parking structure is designed so as not to disrupt or 808 obstruct the flow of traffic on adjacent public streets; 809 (2) The parking structure provides adequate ingress and egress to all 810 parking spaces, ample clearance, and safe pedestrian access; 811 (3) Safety features such as glass-backed elevators, interior scanning 812 systems and alarm systems have been incorporated to ensure the 813 well being of pedestrians and vehicles; and 21 814 (4) The architecture, building materials, signage and landscaping are 815 of high quality and conform to the design standards for parking 816 structures set forth in the Comprehensive Plan Reference 817 Handbook (Special Area Development Guidelines for Urban Areas 818 and Special Purpose Guidelines re: Parking Structure Standards) 819 or, in zoninq districts listed in section 102(a)(13), to the desiqn 820 auidelines applicable in such district. 821 (b) In addition to the information required by section 221(a), an application for 822 a conditional use permit shall include the following: 823 (1) A site plan showing access, parking spaces, traffic control, lighting, 824 drive aisles, elevators, stairwells, pedestrian access features, 825 interior clearance and landscaping; 826 (2) Building elevations or renderings showing architectural styling, 827 building materials and colors and signage; and 828 (3) A narrative describing safety features to be employed. 829 (c) Except as provided in section 1501(a)(1)(iv) or in the regulations of any 830 #erm-base? zonin district listed in section 102(a)(13), in districts in which they are 831 allowed-by conditional uses perm+t, parking structures and parkinq qaraqes shall not be 832 allowed as accessory uses. 833 (d) Parking structures and parkinq qarages located in any #Fm-based zonin 834 district listed in section 102(a)(13) shall be subject to the applicable provisions of such 835 district in addition to the provisions of this section. 836 COMMENT 837 The amendments add "parking garages" to the secYion and eliminate potential conflicts 838 between this section and the provisions of zoning districts intended to implement Strategic Growth 839 Area Plans. 840 .... 841 Sec. 240.1. Reliqious uses. 842 843 In addition to qeneral requirements, the following special requirements and 844 limitations shall apply to religious uses in districts in which they are qenerally permitted: 845 (a) Minimum lot area. The minimum lot area shall be three (3) acres. 22 846 (b) Off-street parkinq At least one space per five (5) seats or bench seatinq 847 spaces in the main auditorium; provided however, that the requirement for any church 848 located in a shoppinq center shall be as specified in the conditional use permit allowinq 849 such church. 850 (c) Siqns shall be permitted in accordance with the requlations of the district 851 in which the use is located; provided however, that in residential districts, reliqious uses 852 shall be allowed one (1) siqn per entrance not to exceed twenty-four (24) square feet 853 per face or such other siqnaqe as may be specified in the conditional use qermit. No 854 such siqn shall have more than two (2) faces 855 COMMENT 856 This section makes no changes from the current CZO provision and is included solely in 857 order to renamber the provision to maiotain correct alphabetical order of the conditional uses 858 listed in this part of the CZO. 859 860 D. DESIGN, ETC. STANDARDS FOR RETAIL ESTABLISHMENTS AND 861 SHOPPING CENTERS 862 .... 863 Sec. 244. Applicability; rules of construction; modifications. 864 (a) The provisions of this part shall apply to the construction of new retail 865 establishments, including conversions of other uses to retail use, and to additions or 866 expansions of existing retail establishments where the gross square footage of floor 867 area thereof is increased by fifty (50) percent or more; provided, however, that the 868 provisions of this part shall not apply to establishments located within ' 869 a zoninq district listed in section 102(a)(13). 870 COMMENT 871 872 The amendments broaden the provisions of this section to exclude any zoning district 873 intended to implement the provisions of a Strategic GrowYh Area Plan. To date, such districts 874 include the Oceanfront Resort District and the new Central Business Core District. 875 876 .... 877 878 23 879 ARTICLE 9. BUSINESS DISTRICTS. 880 881 Sec. 900. Legislative intent. 882 883 The purpose of the B-1 Neighborhood Business District is to provide areas where 884 a limited range of business establishments can be located near or adjacent to 885 residential development without adversely impacting the adjacent residential area. The 886 purpose of the B-1A Limited Community Business District is to provide areas where 887 limited commercial development can be dispersed to support the needs of nearby 888 residential neighborhoods. The purpose of the B-2 Community Business District is to 889 provide land needed for community-wide business establishments. This district is 890 intended for general application in the city. It is intended that, by the creation of this 891 district, business uses will be geographically concentrated. The purpose of the B-3 892 Central Business District is to set apart that portion of the city which forms the 893 metropolitan center for financial, commercial, professional and cultural activities, 894 iricluding business, professional and cultural development in a manner that 895 complements the CBC Central Business Core District and the policies 896 identified in the City of Virginia Beach Comprehensive Plan. It is intended that any uses 897 likely to create friction with these proposed types of activities will be discouraged. This 898 district is not intended for general application throughout the city. T"o ^urn^so nf +ho R 899 tial for a 900 mixed , pedestrian , iRGIuding 901 , , retaul, resideRtial, , 902 . 903 , 904 u ' 905 ImplernentatiOR . 906 , jeann& 907 Street, 908 , 909 e?#he-G+t , 910 a°set #o , O . 911 Pe ' . The purpose of the B-4 Mixed 912 Use District is to provide for retail and commercial service facilities and residential uses, 913 including high-quality workforce housing in appropriate areas within the district, 914 including Strategic Growth Areas, in those areas of the city where a mixture of such 915 uses is desirable and recommended by the policies of the Comprehensive Plan. The 916 purpose of the B-4C Central Business Mixed Use District is to provide an area that 917 complements the R3o Domhro4o Central Business Core District through quality mixed 918 use development at intensities and patterns that support multiple modes of 24 919 transportation, higher residential dens;ties, including high-quality workforce housing in 920 appropriate areas within the district, and an integrated mix of residential and non- 921 residential uses within the same building or on the same lot. Requests for rezonings to 922 the B-4C Central Business Mixed Use District shall be limited to the area 6UFFOURding 923 thc? ?-?P. hrnko ro.,+ral R„s,noss r„ro n,S+r,G+ generally bounded by Thalia 924 Creek on the east, Interstate 264 on the south, Aragona Boulevard on the west, and 925 Jeanne Street and Broad Street on the north. Development within the B-4C Central 926 Business Mixed Use District should adhere to the Comprehensive Plan's Mixed Use 927 Development Guidelines. The purpose of the B-4K Historic Kempsville Area Mixed Use 928 District is to provide an area that complements the adjoining residential neighborhoods 929 through quality mixed use development at intensities and patterns that support multiple 930 modes of transportation, higher residential densities, including high-quality workforce 931 housing in appropriate areas within the district, including Strategic Growth Areas, and 932 an integrated mix of residential and nonresidential uses within the same building or on 933 the same lot. Rezonings to the B-4K Historic Kempsville Area Mixed Use District shall 934 be limited to property within the area generally bounded by Kempsville Heights and 935 Kempsville Lake to the north, Cedar Run Canal to the south, Kempsville Gardens and 936 Kempsville Manor to the east, and Eastern Branch of the Elizabeth River to the west. 937 Development within the B-4K Historic Kempsville Area Mixed Use District should 938 conform to the Comprehensive Plan's Mixed Use Development Guidelines and the 939 Historic Kempsville Area Master Plan or, in the event of a conflict, should conform to the 940 Historic Kempsville Area Master Plan. 941 942 COMMENT 943 944 The amendments delete references to the B-3A Pembroke Central Business Core District, as 945 the district will be supplanted by the new CBC Central Business Core District. 946 Sec. 901. Use regulations. 947 (a) Principal and conditional uses. The following chart lists those uses 948 permitted within the B-1 through 13-4K Business Districts. Those uses and structures in 949 the respective business districts shall be permitted as either principal uses indicated by 950 a"P" or as conditional uses indicated by a"C." Uses and structures indicated by an "X" 951 shall be prohibited in the respective districts. No uses or structures other than as 952 specified shall be permitted. 953 25 954 Use 'Animal hospitals, veterinary ' establishments, pounds, shelters, commercial kennels, provided all animals shall be kept in soundproofed, air- conditioned buildings Assembly uses Automobile museums B- 1 B- ( B- i B- 19- ; B- B- ' B-4K 1 111A12 13 I3AE4 4C P 3P $P iP IR IP IP EP C IC ;C iC S ;C !C ;C X FC 'C IC (x 'C !C C 'Automobile repair garages and small [ X j X j C? XIX IC! X ; X engine repair establishments, provided that I all repair work shall be performed within a building ? LiX6461S1V@ pr-GVtdE:tla?-'a ut?Oh-;.? ?riiro ta+inn ( ? 3 ( ....?...._.......,..____...._...,m._._.,..__. ....... 1X -Y-.,-....... ---°?---e--"-- ? ?Automobile service stations; providedthat, X ?X 'C ?C ?x ;C ?X €X ?where there is an adjoining residential or apartment district without an intervening ?street, alley or permanent open space over ?twenCy-five (25) feet in width and where lots 'separated by a district boundary have ! t adjacent front yards, Category VI screening shall separate Che automobile service 3 = ; !station use from the adjacent residential ' district or apartment district and no ground f ! i sign shall be within fifty (50) feet of the i ? residential district or apartment district ' Bakeries, confectioneries and f ;delicatessens, provided that products ? prepared or processed on the premises ? shall be sold only at retail and only on the premises ` P :P P 'sP ;R iP (P ?P Bars or nightclubs Bed and breakfast inns X iX !C EC iS iC iC ;C X ?X 'X 'X 1x iC iX ;C 26 Beverage manufacturing shops, which shall `X ,X ?P ; PIX ? P i P X not exceed three thousand (3,000) square 'feet in floor area Bicycle and moped rental establishments iXiX !X s X`X e CIX € X ? ' Boat sales ( X? X ! PiX')( I P€ X ; X ? . . ...... ... .. _ ._. _. ? ..... Body piercing establishments ?X X;C TX :-x sx I X iX ? i . . .__ . _...._ . . ....?..._ 4 = ;, .m_ ....,,_..? '._.... .. ._ .. _.? _ . . ??. Borrow pits X X; C j X?X 1 X X; X ' E E _..._?_ ? - Building-mounted antennas meeting the ?X ?X tP P;? ?_.._ P j P irequirements of Section 207 ! ? _. .. .. .... . .._.._.. ....... . . .. .. . • __ ._ Bulk storage yards and building contractors X ?X ;C jX ?x G ? _.._r_.. ?X IX yards; provided that no sale or processing of scrap, salvage or secondhand material } s ; ? shall be permitted in such yards; and, provided further that such storage yards i shall be completely enclosed except for ' necessary openings in ingress and egress by a fence or wall not less than six (6) feet E l ; ' in height j ; ' Business and vocational schools which do not involve the operation of woodwork shops, machine shops or other similar ' facilities Business studios, offices and clinics Car wash facilities, p??t: {+) asr ? eff c4roo4 nnrL'nn cnonoc fer ,,.. \"/ i subLct to the provisions of Section 228.1. X X X 1C ilJ I c ib € C I C ji` P iP ;P IP l-P ?P (P jP X 1X iC ?C ;S ;C iX =X ? ? . .. . ?__. . _. . . Child care and child care education centers 3 C, C : P? P iv- ? P, P € C ?Colleges and universities, public or private IX; C € C j CIS ( C; C = X 27 Commercial parking lots, parking garages, 1X1X ; Pi Pi 42 ; PIP iC parking structures and storage garages , Commercial parking garages and storage X? X I C C ER 1 C? P !X ;garages which include car wash, car rentai ?or car detailing services when wholly enclosed within a parking structure and 'accessorythereto ; Communication towers meeting the j PIP ? P! P JP- ?P? P 4 P ; requirements of Section 232(j) ? ' i I i E 1 i ?. _ ____.___ Communication towers, except as specified XiC EC iCS ( C, C ! X 'above Dormitories for marine pilots i X? X E X F X ; C i X ? X ?Drugstores, beauty shops and barbershops P; P P?p- P; P , P and other similar personal service establishments; provided that drive-through 'windows shall not be allowed in the B-4K ' District E Dwellings, Attached ?X `. `X X ;x ;P ;X i `P Dwellings, Multi-family 'X X ;X ?X 'S =P ?C C _.___ Eating and drinking establishmentswithout ;X IX iX iX 42 fX 1P 1P drive-through windows, when not freestanding and incorporated inside a mixed use building, except as otherwise specified in this section Eating and drinking establishments with sX X : P? P;)( ! P! X # X drive-throuyh windows, except as specified ? = below F i ! 3 € i ? Eating and drinking?establishments without P 9 P ? P; PIx? PiX ? X drive-through windows, except as specified below Fiber-optics transmission facilities "X ; C ; C i C; S; X i C ; X Financial institutions; provided, that drive- i P; P ? P ? P?P ; PI P P ,through windows shall not be allowed in the 28 ' B-4K District Florists, gift shops and stationery stores Funeral homes %Furniture repair and upholstering, repair 'services for radio and television and ! household appliances other than those with jgasoline engines; carpet and linoleum ' laying; tile setting, sign shops and other small service businesses ' Greenhouses and plant nurseries Grocery stores, carry-out food stores and 'convenience stores all being both 'freestanding and in a structure with a gross 'floor area of less than five thousand (5,000) square feet Grocery stores,carry-out food stores and convenience stores whether or not 'freestanding, but in a structure of a gross floor area of not less than five thousand (5,000) square feet ' Grocery stores, carry-out food stores and 'Iconvenience stores any of which are not freestanding but in a structure with a gross 'floor area of less than five thousand (5,000) 'square feet _ ?- P ?P ?P ;P p P !;P IP X 'P IP ,P ix jP IX ;X X !P `P ;P 3x IP iX iX X iiP !P X !x IP iX ;X C 3C ;P 1 P ix ?P iX X iX `P P !G ;,P ;C EX P ?P ?P ',P iS iP'C C Heliports and helistops X?X `C ?C C ?C ?C X Home-based wildlife rehabilitation facilities ? C C C? X 3 ? x, ,.?_. iX? X ; X ___ . Home occupations i X`X ! X j X S C; C j C Housing for seniors and disabled persons ; C C'X? X `S : C`C C , or handicapped, including convalescent or ' nursing; maternity homes; child care ?centers other than covered under permitted E ? E principal uses hereinabove, provided that the maximum height shall not exceed one hundred sixty-five (165) feet; provided, 29 Hotels and motels ':X ;X (.X ;P ip- ;P jP jX Hotels and motels with increased lodging ? X`X lX? X jx ? C? X ? X unit density and height, provided that the maximum density shall be one hundred twenty (120) lodging units per acre, the ? a > > ? minimum lot area shall be one (1) acre and the maximum height shall be one hundred (100) feet; notwithstanding the above, no ? F structure shall exceed the height limit established by,section 202(b) regarding air navigation f ; Laboratories and establishments for the FX X? Pi P p- ; P ? P' P 'production and repair of eye glasses, i ? hearing aids and prosthetic devices , ?... __........ .. . ? -- __..... Laundry and dry cleaning agencies = P? P P P ;-P : Pi P`P Liquor stores, package only i P F P ? P i P p- P E P{ P Marinas, commercial ; X X C; C ;X 3 C. X; X ? ?Medical and dental offices and clinics ?P P 1P ?P ?P- P !P ;P Medical laboratories ? iX 1X ?P ; P P P (P , . .. . _... _._ . _ . .. .. . .. Mini-warehouses ?.. 'X C - t ?C ;C 3 ? . .. ? "K iC 1 X 'X Mobile home sales X I X ; C ? X X ; X, X X 'Motor vehicle sales and rental, provided the ; X, X ? C i C iX ? Ci X€ X 'minimum lot size is twenty thousand (20,000) square feet; and provided further, ; that truck and trailer rentals shall comply 3 with the provisions of section 242.2 __...._. _ _._. ?..__ ..? .._ e__.._ e_. Motor vehicle sales and rental, provided ; XiX i X i X ?p- ? X ? PiX such use is wholly enclosed within a 30 ' Off-site parking facilities, subject to the ' provisions of subsection {s} (d) Open-air markets .._._._Outdoor cafes Outdoor plazas Passenger transportation terminals X !X 1X iP !J2 ;X ;P €X X :X :C IC iG'sC `C jX P iP P ;.,P p- ;P jP ;P P iP iP ?P I_R;P iP IP X iX iC IC IS I,C iC ;X ' Passenger vessels permitted by U.S. Coast iX 1 X ; C? X ;-x j C J X E X , Guard regulations to carry more than one hundred forty-nine (149) passengers and j 'used for commercial purposes 1 Personal service establishments, oCher ' P? P P? P p- ? P E P? P t , 'than those listed separately ? E Personal watercraft rentals iX? C E C i C ix iC:XiX Public buildings and grounds ( P! P ; P l P ip- i P ? PP E ? Public utilities installations and substations ; P 1 P ( = P j P j { 42[ P ? P; P provided storage and maintenance facilities ; ;shall not be permitted; and provided further ; that utilities substations, other than individual transformers, shall be 'surrounded by Category N screening solid ? except for entrances and exits; and ' provided also, transformer vaults for underground utilities and the like shall require only Category I screening, solid !except for access openings Public utilities offices ;X ;X ; P' P ?P- ? P; P P 31 Pubiic utility storage or maintenance iX I X ? C? C ;X ? C 1 XiX installations ?.?..._... . __?._ . .._.....,,.._........ ?,......._ ? ? Radio and television broadcasting stations ?X C I C ? C i Gl C? CX Recreation facilities other than those of an ?X ?X ?!C iS ? P?C ?X outdoor nature, with a floor area greater ?than 7,500 square feet ' Recreational and amusement facilities of !an outdoor nature, which may be partially ' or temporarily enclosed on a seasonal ' basis with approval of city council; provided that, in the development of such properties, 'safeguards are provided to preserve and protect the existing character of adjacent properties, except that riding academies ' and recreational campgrounds shall not be allowed as a conditional use or otherwise X ;C ;C ;C ;G IC !C ;X Recreational facilities other than those of !X? X' Pl P ;J2€ P E P j X an outdoor nature, with a maximum floor 'area of 7,500 square feet ? Religious uses with a floor area greater =C ? C' CI C 'G i C! C i C than 4,000 square feet 1 i I Religious uses with a maximum floor area I ?PI P i P; P ,J2 ? P ? P; P ?of 4,000 square feet Repair and sales for radio and television ' PI P = Ps P `R ; P ( P s P and other household appliances and smail ' business machines Retail establishments, other than those listed separately, including the incidental ' manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any 'scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult book stores shall be prohibited from locating X'P iP iP ;R;P jP iX 32 956 957 GeFe . 958 , 959 960 , 961 m , 962 woihie g_44 D h?e Centrol Ri ioinocc (`nro flic4rint chall ho ci ihiont tn the 963 fOllOWORg . 964 965 , 966 d , 967 v„s;e afea-=??e size- anrat;,,n „f ,,,,+d„Or nlaz-as--a^Q 968 att?^?'?t aMeR+t+esslaall be-Feui ^r +^ ggg ensu fGrmonGo wi+h +hoco orirJ nthor rola4orJ nhior+ivoc ac cot 970 fOrth i7 n the (`nmr?r??cive ?anaRd DprT?hrnlro ?-?t i< ? rn?ni?h ITITrCTfC-paTT'ft7r TVTrCi T.TT?TTQTVYYCIT 971 4roo 4 Implomon4atinn Dlonr • anr! 972 (-r..?ThC-at'bttateGturat-dp.?jlzt] ? nnfnrm }c the r? ., y, . 973 the Domhrnko 24ra+onin rrnMi+h 4roa 4 Imr?lomon???inn Dlon 974 975 976 (d) {Off-site parking facilities.} Off-site parking facilities shall be permitted as 977 follows: 978 (1) 8-3?,4 and 8-4C Districts. Off-site parking facilities for any use 979 within the B-3, B 3A or 13-4C Districts, shall be permitted on any 980 zoning lot, provided all of the following requirements are met: (1) 981 structures for parking facilities shall conform to the regulations of 982 the district in which located; (2) off-site parking facilities shall be 983 located within one thousand five hundred (1,500) feet from the use 984 they are intended to serve, but in no case shall any such facility be 985 located opposite Virginia Beach Boulevard and Independence 986 Boulevard unless grade-separated pedestrian access is provided; 987 and (3) e##-s+te par{reng St;U^+?js°re-iTg use-swoR;;^,-L;e B-o° 988 ; aRd {4) 989 a written agreement assuring continued availability of the number of 990 spaces indicated shall be drawn and executed, and a certified copy 991 of such agreement shall be recorded with the clerk of the court. 992 Such agreement shall stipulate that, if such space is not maintained 34 commercial space in a given development project, an additional dwelling unit per acre beyond that allowed by the maximum density may be built. (8) ? Maximum density of hotels and motels 1010 WA 180 [ N/A 1011 `Where applicable, newly created corner lots must also adhere to section 4.4(c) of the Subdivision 1012 Ordinance, requiring additional lot width on certain corner lots. 1013 1014 Except as otherwise provided herein, setbacks affecting only the first floor of 1015 multistory buildings may be increased by no more than twenty (20) feet in order to allow 1016 the creation of covered passageways within the B-3A-, B-4C and B-4K Districts. In 1017 addition, building setbacks adjacent to roadway intersections may be increased to 1018 provide safe and reasonable line-of-sight clearances. 1019 COMMEN'I' 1020 The amendments deleYe references to the B-3A Pembroke Central Business Core llistrict, as 1021 the district wilt be supplanted by Yhe new CBC Central Basiness Core District. 1022 .... 1023 , 1024 1025 1026 Core i , 1027 . 1028 1'I=?T-TT Z^ninn Iot ic at Ioact fivo /F\ onroc in aroa• r 1029 (-2) Th° ^r^^eJccr°rJ ?7°`? .rcv ^mont f?r ?nih vrricnh tmho ror rcal? inoaccd sco?ha?? ? ?rrT?-- ?cu 1030 sought n fiipo onrl nuolity GGRSisieRt wi4h tho ctandardc coi 1031 1032 ; aRd 1033 mRG'ude aRy buildi 1034 , paFcCt? ?-?enTGh aro nn4 vicuolhy onr4 fiirintienolly intonra+od into +ho 1035 ontiro dovolrinmont 1036 1037 1038 buildiRgS, , ' , paFk;Rg , 36 1039 }? „+".?,-,°r°-r , 1040 ,,,....., .,.., .,......._ ___ 1041 1042 1043 , 1044 . 1045 1046 COMMENT 1047 The amendments delete references to the B-3A Pembroke Central Business Corc District, as 1048 the district will be supplanted by the new CBC CenYral Business Core District. In addition, the 1049 provisions of subsections (t), (g) and (h) are also deleted, as thcy will be rendered superfluous by thc 1050 adoption of the new Central 13usiness Core District regulations. 1051 1052 Sec. 903. Landscape screening and buffering regulations. 1053 For the B-1 through B-4 Commercial Districts, the following landscape screening 1054 and buffering regulations shall apply: 1055 (a) When a zoning lot within a B-1 or B-1A Business District adjoins a 1056 residential, apartment or hotel district without an intervening street, alley or body of 1057 water over twenty-five (25) feet in width, a fifteen-foot minimum yard shall be required 1058 along all lot lines adjoining the residential, apartment or hotel district. Category I 1059 landscape screening shall be required within the yard area. No other uses or structures 1060 shall be permitted in such yards. 1061 (b) When a zoning lot within the B-2, B-3, B-3Pr B-4, B-4C or B-4K District 1062 adjoins a residential or apartment district without an intervening street, alley or body of 1063 water over twenty-five (25) feet in width, a fifteen-foot minimum yard shall be required 1064 along all lot lines adjoining the residential or apartment district. Category IV landscape 1065 screening shall be required within the yard area. No other uses or structures shall be 1066 permitted in such yards. 1067 (c) When a zoning lot within the B-2, B-3, &?, B-4, B-4C or B-4K District 1068 adjoins an 0-1 Office District without an intervening street, alley or body of water over 1069 twenty-five (25) feet in width, a ten-foot minimum yard shall be required along all lot 1070 lines adjoining the office district. Category I landscape screening shall be required within 1071 the yard area. No other uses or structures shall be permitted in such yards. 1072 1073 37 1074 COMMENT 1075 The amendments delete references to the B-3A Yembroke Central Business Core llistrict, as 1076 the district will be supplanted by the new CBC Central Business Core District. 1077 Sec. 904. Height regulations. 1078 (a) The maximum height for all uses and structures within the B-1 1079 Neighborhood Business District and B-1A Limited Community Business District shall be 1080 thirty-five (35) feet. 1081 (b) Where a zoning lot within the B-2 Community Business District, B-3 1082 Central Business District, B 3° p°mhrnLo ('en+ro?I B????Ress CeT nog_4 Mixed 1083 Use District, B-4C Central Business Mixed Use District or B-4K Historic Kempsville Area 1084 Mixed Use District adjoins the side or rear yard of a zoning lot in a residential or 1085 apartment district without an intervening street or alley over twenty-five (25) feet in width 1086 or a body of water over fifty (50) feet in width, the following maximum height regulations 1087 shall apply on that portion of the commercial zoning lot within one hundred (100) feet of 1088 the adjoining residential or apartment district. In cases where more than one (1) of the 1089 following apply, the most restrictive shall apply. 1090 (1) When adjacent to residential district, the maximum height shall be 1091 thirty-five (35) feet. 1092 (2) When adjacent to A-12 or A-18 Apartment Districts, the maximum 1093 height shall be thirty-five (35) feet. 1094 (3) When adjacent to A-24 Apartment District, the maximum height 1095 shall be forty-five (45) feet. 1096 (4) When adjacent to A-36 Apartment District, the maximum height 1097 shall be one hundred twenty (120) feet. 1098 (c) The maximum height for hotels and motels within the B-4 Mixed Use 1099 District is seventy-five (75) feet. 1100 (d) Except as specified in items (a),(b) and (c) hereinabove, there shall be no 1101 maximum height regulations in the B-2, B-3 and B-4 Districts. `^vm+";^ +"° R3° 1102 i , 1103 . In the 1104 B-4C Central Business Mixed Use District, minimum building height shall be thirty-five 1105 (35) feet and the maximum building height shall be two hundred (200) feet. In the B-4K 1106 Historic Kempsville Area Mixed Use District, the minimum building height shall be 1107 twenty-five (25) feet and the maximum building height shall be fifty (50) feet. 38 1108 (e) Notwithstanding the above, no building or other structure shall exceed the 1109 height limit established by section 202(b) regarding air navigation. 1110 1111 COMMENT 1112 The amendments delete references to the B-3A Pembroke Central 13usiness Core District, as 1113 the 13-3A District will be replaced by the new CBC Central Basiness Core District. 1114 Sec. 905. Sign regulations. 1115 .... 1116 (d) Within the D-2-4. °emb,r^e oe;tFal--Busines° rm?ro flio}riorl ? an,? +hti o g_4C ??-??n, r-,-.G--? 1117 Central Business Mixed Use District, signs shall be permitted as follows: 1118 1119 (1) For each foot of occupancy frontage an establishment shall have 1120 no more than sixty one-hundredths (.60) square feet of sign area. 1121 No single establishment shall have more than four (4) signs, nor 1122 more than two (2) signs per building facade, and no individual sign 1123 shall exceed sixty (60) square feet in surface area. Any 1124 establishment having less than forty (40) feet of occupancy 1125 frontage may have one (1) sign not exceeding twenty-four (24) 1126 square feet. No such sign shall be allowed above the second story 1127 of any building. 1128 1129 (2) A sign identifying the entrance to upper-floor residential dwelling 1130 units shall be permitted; provided, that no such sign shall exceed 1131 eight (8) square feet of surface area, and that the number of signs 1132 shall be limited to one (1) sign at street level at each principal 1133 entrance. 1134 1135 (2.5) Commercial buildings, including hotels and motels, of less than five 1136 (5) stories in height shall have no more than two (2) building 1137 identification signs, and no sign shall have a surface area 1138 exceeding one hundred fifty (150) square feet. Such signs shall be 1139 mounted on or above the fourth story of the building, but not above 1140 the roofline of such building, and only one (1) sign per building 1141 facade shall be allowed. Additionally, two (2) building identification 1142 signs, not exceeding twenty (20) square feet each, shall be allowed 1143 at street level if the building has a street level entrance. 1144 39 1145 (3) Commercial buildings, including hotels and motels, of five (5) 1146 stories to ten (10) stories shall have no more than two (2) building 1147 identification signs, and no sign shall have a surface area 1148 exceeding two hundred (200) square feet. Such signs shall be 1149 mounted on or above the top one-quarter (1/4) of the building, but 1150 not above the roofline of such building, and only one (1) sign per 1151 building facade shall be allowed. Additionally, two (2) building 1152 identification signs, not exceeding twenty (20) square feet each, 1153 may be allowed at street level, if the building has a street level 1154 entrance. 1155 1156 (3.5) Commercial building, including hotels and motels, of more than ten 1157 (10) stories in height shall have no more than two (2) building 1158 identification signs, and no sign shall have a surface area 1159 exceeding three hundred (300) square feet. All signs shall be 1160 mounted on or above the top one-quarter (1/4) of the building, but 1161 not above the roofline of such building, and only one (1) sign per 1162 building facade shall be allowed. Additionally, two (2) building 1163 identification signs, not exceeding twenty (20) square feet each, 1164 may be allowed at street level, if the building has a street level 1165 entrance. 1166 1167 (3.7) Major Tenant Sign Option. For each foot of building footage, a 1168 major tenant may have a maximum of one and two-tenths (1.2) 1169 square feet of sign area, provided that pedestrian scale features 1170 and amenities such as outdoor cafe seating, planters, kiosk areas, 1171 fountains, display windows or sculptures are provided on the 1172 facade or adjacent thereto. No major tenant shall have a total of 1173 more than four (4) signs, nor more than two (2) signs per building 1174 facade. 1175 1176 (4) All freestanding signs shall be approved by the city council, as 1177 consistent with the general purpose and intent of the design 1178 provisions presented in the July, 1991, Pembroke Strategic Growth 1179 Area 4 Implementation Plan and any applicable design standards 1180 approved by city council. 1181 1182 (5) Signs on building awnings shall not be included in determining the 1183 number of building signs permitted, or in determining permissible 1184 sign area, if they meet the following criteria: 40 1185 1186 a. Such signs are uniform in font, color, size and style; 1187 1188 b. Only the name of the establishment appears on the awning; 1189 1190 c. There is only one (1) sign per awning; and 1191 1192 d. Such are no larger than two (2) square feet. 1193 1194 (6) Public or private parking structures and parking garages may have 1195 one (1) sign per vehicle entrance and two (2) additional signs. Such 1196 signs shall have no more than seventy-five (75) square feet of 1197 surface area and shall identify the building on which they are 1198 located as a parking structure or parking garage. 1199 1200 (7) As used in this section: 1201 1202 a. "Occupancy frontage" means the exterior length of that 1203 portion of a building occupied exclusively by a single 1204 establishment having at least one (1) exterior public access; 1205 1206 b. "Building identification sign" means a sign which displays 1207 only the name of the building on which it is located; 1208 1209 c. "Major tenant" means the space in a building occupied by a 1210 single establishment with a building wall height of at least 1211 thirty-five (35) feet and with at least one (1) continuous wall 1212 containing at least eighty (80) feet of building frontage; and 1213 1214 d. "Building frontage" means the exterior length of that portion 1215 of a building occupied exclusively by a single establishment. 1216 1217 COMMENT 1218 The amendment deletes the references to the B-3A Pembroke Central 13usiness Core 1219 District, as the 13-3A District will be replaced by the new C13C Central Business Core llistrict, 1220 which has its own set of sigo regulations. 1221 .... 1222 41 1223 ARTICLE 10. INDUSTRIAL DISTRICTS. 1224 .... 1225 Sec. 1001. Use regulations. 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 (a) Principal and conditional uses. The following chart lists those uses permitted within the I-1 and I-2 Industrial Districts. Those uses and structures in the respective industrial districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a"C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use 1-1 1-2 Car wash facilities, prevAed . o subiect to the provisions of Section 228.1 COMMEN'T p- C ? X 1254 The ameodments delete "automobile service establishments" as a use, as the terin 1255 "aatomobile service station" (which remains listed as a conditional use in Industrial Districts) 1256 replaces it throughout the CZO, and make technical corrections regarding car wash facilities. The 1257 amendments have no substantive effect. 1258 42 1259 ARTICI.E 18. SPECIAL REGULATlONS IN AIR INSTALLATIONS COMPATIBLE 1260 USE ZONES (AICUZ). 1261 A. OVERLAY DISTRICT REGULATIONS 1262 .... 1263 Sec. 1803. Applicability. 1264 (a) Area of applicability. The provisions of this Article shail apply to 1265 discretionary development applications for any property located within an Accident 1266 Potential Zone (APZ) or 65-70 dB DNL, 70-75 dB DNL or >75 dB DNL Noise Zone, as 1267 shown on the official zoning map, that have not been approved or denied by the city 1268 council as of the date of adoption of this Article. For purposes of this Article, 1269 discretionary development applications shall include applications for: 1270 1271 (1) Rezonings, including conditional zonings; 1272 1273 (2) Conditional use permits for new uses or structures, or for 1274 alterations or enlargements of existing conditional uses where the 1275 occupant load would increase; 1276 1277 (3) Conversions or enlargements of nonconforming uses or structures, 1278 except where the application contemplates the construction of a 1279 new building or structure or expansion of an existing use or 1280 structure where the total occupant load would not increase; apd 1281 1282 (4) Street closures where the application contemplates the construction 1283 of a new building or structure or the expansion of a use or structure 1284 where the total occupant load is increased; and 1285 1286 (5) Special exceptions for Alternative Compliance in any zoninq district 1287 listed in Section 102(a)(13) where the special exception allows a 1288 use not otherwise permitted by applicable requlations. 1289 1290 .... 1291 COMMENT 1292 1293 The amendment adds, as a"discretionary development application" subject to the 1294 provisions of the AICU'L Overlay Ordinance, special exceptions for Alternative Compliance in 1295 zoning districts implementing Strategic Growth Area Plans where the special exception would 43 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 allow a use not otherwise permitted by applicable regulations of a zoning district, such as the Oceanf'ront Resort District or Central Business Core District, that implements an SGA Plan. Adopted by the City Council of the City of Virginia Beach on the day of , 2014. APPROVED AS TO CONTENT: Dep n f Planning CA-12464 November 26, 2013 R-5 J APPROVED AS TO LEGAL SUFFICIEN Y: . . . City Attorney's Office 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AN ORDINANCE TO AMEND THE PEMBROKE STRATEGIC GROWTH AREA 4 IMPLEMENTATION PLAN AND THE POLICY DOCUMENT OF THE COMPREHENSIVE PLAN BY REVISING MAPS OF THE PEMBROKE STRATEGIC GROWTH AREA AND AMENDING DESCRIPTIONS OF THE CENTRAL BUSINESS DISTRICT/CORE AREA AND THE CENTRAL BUSINESS DISTRICT/ WATERFRONT AREA WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Pembroke Strategic Growth Area 4 Implementation Plan and the Policy Document of the Comprehensive Plan of the City of Virginia Beach are hereby amended and reordained as follows: 1. The revision of those certain maps delineating the boundaries of the Central Business District/Core and the Central Business District/Waterfront, respectively, appearing in the Pembroke Strategic Growth Area 4 Implementation Plan on Pages 22 (Urban Districts Plan), Page 27 (Central Business District/Core), Page 31 (Central Business District/Waterfront) and Page 58 (Central Business District/Core and Central Business District/Waterfront), all as more fully appears in Section 1 of the attached Exhibit A; 2. The addition of language regarding alternative approaches to form based codes on Page 56 of the Pembroke Strategic Growth Area 4 Implementation Plan, as more fully appears in Section 2 of the attached Exhibit A; 3. The amendment of the section of the Pembroke Strategic Growth Area 4 Implementation Plan entitled "Implementation Recommendations," under the sub- heading entitled "Planning Land-Use Policies" on Page 61 of the Pembroke Strategic Growth Area 4 Implementation Plan, as more fully appears in Section 3 of the Attached Exhibit A; 4. The deletion of language regarding the redevelopment of Princess Anne High School in the section entitled "Civic Places" on Page 27 of the Pembroke 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Strategic Growth Area 4 Implementation Plan, as more fully appears in Section 4 of the Attached Exhibit A; 5. The revision of the map (Urban Master Plan) on Page 2-23 of the Policy Document of the Comprehensive Plan, as more fully appears in Section 5 of the Attached Exhibit A; and 6. The amendment of the General Recommendations for Pembroke Strategic Growth Area 4 on Page 2-26 of the Policy Document of the Comprehensive Plan, as more fully appears in Section 6 of the Attached Exhibit A. Adopted by the City Council of the City of Virginia Beach on the day of , 2014. APPROVED AS TO CONTENT PlanniriqlD64artment CA12709 January 14, 2014 R-5 APPROVED AS TO LEGAL SUFFICIENC : ? ( jjy ? ,j ? •U City Attorney's Office 2 Exhibit A Pembroke Strategic Growth Area 4 Implementation Plan Amendments Adopted by Reference as Part of the Comprehensive Plan November 10, 2009 (Pages 22, 27, 31, 56, 57, 58 and 61 Pembroke Strategic Growth Area 4 Implementation Plan: Text to be deleted is shown as sifikeE#FOUgh. Text to be added is underlined.) 1. Page 22 URBAN DISTRICTS PLAN (Delete and replace with revised map) ? - "; , „ . F : i a Bqrf E ? ?.' _ . 0 1<1.?? f? 400? ?iY'.? r.... e a I ?r (Revised map) 7 7 wesam c"Pus ? o:satucv . .?. ? ?? ? " Cekrnl?5tc?7,1.??C'.?IrYAlIxT •{ ?:... . yT.. ?`' ? -i?? . 1 Page 27 CENTRAL BUSINESS DISTRICT//CORE AREA MAP (Delete and replace with revised map) . . f ?? ? . ? ? t t 7 ? ° ''-t1'i,4s r. s„r.3 ?r?r t , . 4 , ?? ?+ r • fr r1 1? ? . .. .. . '?i?? : . . ?._.""}?==?+ +i'_ f: ? - ?.,a '•?i?1:5 ..? ? 1 '?..... L .?'•*1-..? - ?~ .` '''. = ? .__. . . , . LIt1L?AM?:T?? ? f" .....,_t.+?1 r? ?? ? / . 7T !I ? .. ., ; . . . . .. _ . . . 1 ( ? +' ? '?! t i ? y t ? (Revised map) 2 Page 31 CENTRAL BUSINESS DISTRICT//WATERFRONT AREA (Delete and replace with revised map) y .CM'. C, ! 1'.:AND :I .. ^"` ? • ?_ ` '-? ` ` ' ? 7 t ? ` • ???? ..?•i (Revised map) 3 Page 58 FORM BASED CODE CENTRAL BUSINESS DISTRICT//CORE AREA (Delete and replace with revised map) .. _r ', ,.. . ? ~• • ' r ? ? V. s ? f?? ?ll?-?ff 11 .: .. (.r.? •.}???u? ' ? ? ? A ?J Stt` ? ba M.t r? f 0 !• { ? r 1 ? S (Revised map) . ?I . ? I .. ..- f'??? ? - ? i r.? ?'ri ?++ r y..?? ) N ?Y r± L +fr? • { ? "' ?•.r ;? r,rrr? f ? ?rl'.L r.r'at 40'? .?rr..???1 . ` ?? ? T? ' •. ? ' t 4 Page 58 FORM BASED CODE CENTRAL BUSINESS DISTRICT//WATERFRONT AREA (Delete and replace with revised map) i;t i? • ? _ ? %. i - " s ? .r ? , ?. ? .... ?, _. ??? -? ?. . : ?^ •?l 1 f? ? (Revised map) . y ? r y - ?• ?'s+?. - ? . < s??;i? I f ^ J ' 4 yy? ?? I ??..???.';.)!. 'i? ? ? '? J r? ?. . ? ? . '4'?'y v? p 1. I ?tsl?T;"i';?C $ ? ``L J ? ` ? t ? ?J L I ? ? I1 5 Page 56, second column FORM BASED CODE WHAT ARE FORM BASED DEVELOPMENT CODES? Of the area being regulated. It depicts the areas of the plan where different building form and streetscape standards will apply. Because they can regulate development at the scale of an individual building or lot, Form Based Codes allow a desired developmental pattern to occur in a more organic fashion, gradually allowing the area which it regulates to assume a preferred urban form through the independent development of many small sites within the plan by multiple property owners, Because of this, it is less likely that large land areas will need to be acquired in order to achieve the overall goal. Rather, the Form Based Code provides incentives for property owners to develop their sites in a way that supports the vision of the plan. As a result, areas regulated by Form Based Codes often contain a diversity of architecture, materials, uses, and ownership. ALTERNATIVE APPROACHES TO FORM BASED CODES While the use of form based codes is an effective tool in creatina a desirable urban form, the inclusion of a form based code in this Plan is not intended to implv that there are no other tvpes of zoninq re4ulation that foster, as stated in the Plan's Vision Statement: a central urban core with a vertical mix of urban uses, qreat streets mobilitv and transit alternatives, urban patherina qlaces, environmental and neiqhborhood protection "preen" buildinqs and infrastructure opqortunities providinp a varietv of civic commercial artistic and ethnicallv diverse areas. Most importantlv the requlations qovernin4 development in the Pembroke SGA should be flexible in nature so as to ensure that development meets the Citv's vision for the area while at the same time encourapinq creativitv in desiqn As an alternative to a form based aqproach an effective wav of accomplishinp this obiective could be throuqh the use of performance-based zoninp, in which a proqosed development would be allowed to deviate from the specific develoqment standards prescribed in the ordinance bv qrovidinq a different form of development or an amenitv that serves the same or a closelv- related purpose or purposes as the prescribed development standard. For examqle, rather than strictlv conformina to ordinance qrovisions requirinq buildin4 facades to be located close to the street so as to activate the street frontaqe bv providinq a walkable pedestrian-oriented streetscape, a develoament could include features such as oqen-air cafes qlazas or qublic art that similarlv activate the street frontaae and qrovide an interestinq pedestrian-oriented streetscape. In liaht of the foreaoina considerations it should be understood that the form _based code aqpearina below is not intended to be the exclusive means of requlatinq the form of development in the Pembroke SGA nor is form-based zoninq necessarilv the most effective apqroach to codina the various districts within the SGA in everv case The form based code shown on the followin4 paaes does, however, illustrate what such a code miqht look like if chosen as the zoninq ordinance for the Pembroke SGA. Care High High SETBACKS 0 to Minimal General Mediun Mediutn lulitimal Edge Low Low Typical Prosarve None Nane N!A Special Existing Ejcisfing Existing 3. Page 61 IMPLEMENTATION RECOMMENDATIONS PLANNING LAND-USE POLICIES ? Develop a form based code or other code establishipg a regulatory framework for each district that is consistent with the eoals and objectives of this Plan. 4. Page 27 CENTRAL BUSINESS DISTRICT//CORE AREA CIVIC PLACES 7 Comprehensive Plan Policy Document Revisions Chapter 2: Urban Area Strategic Growth Area 4- Pembroke (Pages 2-23 and 2-26, Policy Document: Text to be deleted is shown as s#+ke#Feuqh. Text to be added is underlined.) STRATEGIC GROWTH AREA 4 pEMBROKE 5. Page 2-23 URBAN MASTER PLAN DISTRICTS (Delete and replace with revised map) L - ? - s , • . ? :... ?!''t ? """"' . . _. _..? ' *'„?-n?j.d S,N: - '; . ... p -..- . ,..?fis?a : ?a, . ' • . __ _ , . (Revised map) . ` _ • ' ` `, , .?vi d ^ WM MS?? ? ? i1 ? .T..: .. . ?. . . D53 T 711L 'N _ Gf?/lLOAEA7IL?.- P C07aRh9Pl4441 00SXW: ? _' . CADt01d1E1tAWSR ;'?i { ?' ? •i l ? ? : ?? ?.• ? 8 6. Page 2-26 GENERAL RECOMMENDATIONS FOR PEMBROKE STRATEGIC GROWTH AREA 4 ? Tailor a Form Based or other Code establishing a regulatory framework for each district that is consistent with the goals and objectives of this Plan. 1 AN ORDINANCE ESTABLISHING TRANSITION RULES 2 FOR THE REVIEW OF SITE PLANS, SUBDIVISION PLATS 3 AND OTHER PLANS OF DEVELOPMENT FOR 4 PROPERTY IN THE CBC CENTRAL BUSINESS CORE 5 DISTRICT 6 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 WHEREAS, the City Council has created the CBC Central Business Core District 12 and adopted new zoning, subdivision and site plan regulations applicable to property 13 within the District; and 14 15 WHEREAS, the regulations pertaining to development in the CBC Central 16 Business Core District differ significantly from those previously applicable to property 17 within the territory encompassed by the District; and 18 19 WHEREAS, it is the sense of the City Council that special transition rules should 20 be adopted to govern certain development applications that were not approved by the 21 City prior to the effective date of the Ordinance; 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 1. That the following rules shall apply to the review of site plans, subdivision 27 plats and other plans of development for property located within the CBC Central 28 Business Core District: 29 30 (a) Any subdivision plat, site plan or other plan of development pertaining to 31 property within the territory encompassed by the CBC Central Business 32 Core District that has been accepted for review, but has not been 33 approved by the City on or before the close of business on the date of 34 adoption of the ordinance establishing the CBC Central Business Core 35 District, shall not be subject to the regulations pertaining to the CBC 36 Central Business Core District, but shall, for a period of one hundred 37 eighty (180) days from the aforesaid date, be subject to the ordinances 38 and regulations of the City applicable to such property in effect on the date 39 such plat, site plan or other plan of development was accepted for review 40 by the City. 41 42 (b) If such site plan, subdivision plat or other plan of development is not 43 approved within the aforesaid 180-day period, all further development that 44 is the subject of such site plan, subdivision plat or other plan of 45 development shall be subject to the subject to the regulations pertaining to 46 the CBC Central Business Core District, as well as to all other applicable 47 laws, ordinances, regulations and standards. 48 49 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 50 BEACH, VIRGINIA: 51 52 That nothing in this ordinance shall be construed to affect any vested rights 53 which existed as of the effective date of the Ordinance. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 56 of , 2014. APPROVED AS TO CONTENT: Pla ni g epartment APPROVED AS TO LEGAL SUFFICIENCY: , ? City Attorney's ffice CA-12465 R-2 January 14, 2014 2 . %? T ffioy?? V}$? t` y?.??+IUj?N? •:l L?4W"dr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend 33-114.3 of the City Code, Pertaining to Encroachments Allowed Pursuant to the Regulations of a Zoning District MEETING DATE: January 28, 2014 ¦ Background: Section 33-114.3 of the City Code currently provides for administrative approval of outdoor cafes that encroach into public rights-of-way in the 13-3A Pembroke Central Business Core District. It also provides the same in the Oceanfront Resort District for encroaching signs and other structures, as allowed by the Form-Based Code. The changes below are necessitated by the proposed amendments to the Zoning Ordinance creating the Central Business Core (CBC) District. ¦ Considerations: The amendments to 33-114.3(a) expand the provisions of the subsection to outdoor cafes and other storefront uses in any current or future zoning district that implements a SGA Plan. The current ordinance is limited in its application to the 13-3A Pembroke Central Business Core District and the B-4C Central Business Mixed Use District. The amendments also add a requirement that such outdoor cafes and other storefront uses must substantially conform to applicable design guidelines for the district in which they are located. The amendments to 33-114.3(b) provide that encroaching signs and other uses or structures that are expressly authorized by the regulations of a current or future zoning district intended to implement a Strategic Growth Area Plan or the B-4C Central Business Mixed Use District are exempt from the prohibition of encroaching structures contained in Section 33-114.1, so long as they comply with the applicable requirements of the zoning district in which they are located. Such encroachments are not subject to the $250.00 fee applicable to other encroachments. ¦ Recommendations: The amendments to Section 33-114.3 of the City Code are associated with the proposed amendments to the Zoning Ordinance, including the addition of Article 22, establishing the Central Business Core (CBC) District. The Planning Commission acted on those amendments; however, the proposed amendments City of Virginia Beach - Amendments to Section 33-114.3 of the City Code Page 2 of 2 to Section 33-114.3 are outside its purview. Approval of the amendments is recommended. ¦ Attachments: Ordinance Recommended Action: Approval Submitting De me gency: Planning Department City Manager: ?C..M 1 AN ORDINANCE TO AMEND 33-114.3 OF THE CITY 2 CODE, PERTAINING TO ENCROACHMENTS 3 ALLOWED PURSUANT TO THE REGULATIONS OF 4 A ZONING DISTRICT 5 6 Section Amended: City Code Section 33-114.3 7 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That Section 33-114.3 of the City Code is hereby amended and reordained to read as 13 follows: 14 15 16 CHAPTER 33. STREETS AND SIDEWALKS 17 18 .... 19 20 ARTICLE VI. ENCROACHMENTS INTO PUBLIC STREETS AND OTHER PUBLIC 21 WAYS, PLACES OR PROPERTY 22 23 .... 24 25 26 Sec. 33-114.3. Administrative approval of encroachments by outdoor cafes, etc., 27 within certain zoning districts. 28 29 Notwithstanding the provisions of section 33-114.1 of this Code: 30 31 (a) The city manager or his designee may, and is hereby vested with the authority to, 32 approve tk?e encroachment, upon or over any public street or sidewalk in th, ?-o° °embTa42 33 any zoninq district intended to implement a Strateqic Growth 34 Area Plan or the B-4C Central Business Mixed Use District, by outdoor cafes or portions 35 thereof or other storefront uses, provided that such encroachment substantiallv conforms to 36 applicable desiqn guidelines for the district in which it is located. +leas+ eigh+ (Q) foe?. 37 38 6UGh . Such encroachments shall sen#eFm also comply with all applicable 39 zoning and building codes, regulations and standards; aad. 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 (b) Encroaching signs and other uses or structures, other than encroach_ments authorized pursuant to subsection (a), expressly allowed pursuant to the pmvi6ien-s requlations of any zoninq district in which encroachinq siqns or other structures are allowed shall be permitted, without payment of the fee prescribed in Section 33-113 of this Code, in accordance with the rcnircmcntc applicable #e requlations of such eRGroaGhrn district. The failure to comply with any Y°ryromont provision applicable to such an encroachments shall be cause for the removal thereof in accordance with Section 33-114.1 of this Code. (c) Notwithstandinq the provisions of subsection (a) open-air cafes on public propert in the OR Oceanfront Resort District or the RT-1 or RT-3 Resort Tourist Districts shall require the approval of the City Council pursuant to franchise and shall be subiect to the provisions of the Resort Open Air Cafe Guidelines. COMMENT The amendments to subsection (a) expand the provisions of the subsection to outdoor cafes and other storefront uses in any zoning district that implements an SGA Plan. The current ordinance is limited in its application to the B-3A Pembroke Central Business Core District and the B-4C Central Business Mixed Use District. The amendments also add a requirement that such outdoor cafes and other storefront uses must substantially conform to applicable design guidelines for the district in which they are located. The amendments to Subsection (b) provide that encroaching signs and other uses or structures that are expressly authorized by the regulations of a zoning district intended to implement a Strategic Growth Area Plan or the B-4C Central Business Mixed Use District are exempt from the prohibition of encroaching structures contained in Section 33-114.1, so long as they comply with the applicable requirements of the zoning district in which they are located. Such encroachments are not subject to the $250.00 fee applicable to other encroachments. Subsection (c) makes an exception for Resort Open-Air Cafes, which remain subject the traditional franchise approval process. Adopted by the City Council of the City of Virginia Beach on the day of 2014. CA-12705 November 15, 2013 R-4 2 82 83 84 85 86 87 88 APPROVED AS TO CONTENT: Depar r?i *:zt f Planning APPROVED AS TO LEGAL SUFFICIENCY: )6,&W RRauz. City Attorney's Office 3 i ie I L. APPOINTMENTS CHESAPEAKE BAY PRESERVATION AREA BOARD GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) 2040 VISION TO ACTION COMMUNIZ'Y COALITION COMMISSION WORKFORCE HOUSING ADVISORY COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT ?***?****??*+*?***?*?**??**** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ?rr*****???*****?****???******+* 2014 CITYHOLIDAYS Mernorirzl Drzy - MorarltrV, May 2G Irriteperaclerzce TlnY - FridtzY, Jrxly 4 Lahor Dat% - ?1lvndrrY, September 1 Vetertcn,s Dat' - Tuesdrry, Noverrtber• ll ir'hartksgiviyrg 1)cry rinrl 1)rrY rtfter 1 hanksgiving - "I'hursduy, Ntavenzher 2 7 rrtzd Iriclay, Naverrrber 28 C.'hristma,s Eve (lrcclJ=dty) - Wednesdcry, I)ecemher 24 Chrzstyr3as Day - 1/r.icrsrfcrY» Deceniber 25 CITY OF VIRGINIA BEACH SUMMARY OF COUNC[L ACTIONS R O S DATE: 01/14/2014 PAGE: I S- H S AGENDA H M A E W ITEM # SUBJECT MOTION VOTE E J A M S U I D N O K R M M S H L W Y L N A T O O O R S O E E E N I S N M 1 O O L R Y S E N S D S N N D I. CITY COONCIL BRIEFING A. VA BEACH TRANSIT William Harrell, EXTENSION - Hilltop President and CEO- Hampton Roads Transit II. CITY MANAGER'S BRIEFINGS A. COMPARATIVE INDICATORS David Bradley, Administrator - Management Services B. HARBOUR POINT - David L. Hansen, SPECIAL SERVICE DISTRICT Depury City Mana er III/IVNNI CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y NIUVIII-E SESSION F. MINUTES APPROVED 11-0 Y Y Y A A Y Y Y Y Y Y B B INFORMAL and FORMAL S S SESSIONS - December 10/17, 2013 T T A 1 A I N N E E D D G/k[-1 PUBLIC HEARINGS: 1. EXCESS CITY-OWNED PROPERTY No Speakers ll 8 West Lane 2. SPECIAL SERVICE DISTRICT No Speakers Harbour Point (SSD) 3. GAP FINANCING FOR CAVALIER One Speaker ASSOC I-1 PUBLIC COMMENT 1. CENTRAL BUSINESS CORE No Speakers DISTRICT ZONING CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 01/14/2014 PAGE: 2 5- H S AGENDA H M A E W ITEM # SUBJECT MOTION VOTL g ) A M S U 1 D N O K R M M S H L W Y L N A T O O O R S O E E E N I S N M I O O L- R I Y I S I E I N I S I D I S I N I N I D J-1 Ordinance to DECLARE 118 West Lane to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y be in EXCESS of City's CONSENT needs/AUTHORIZE conveyance to Darrell/Jessica Shay Edwards. DISTRICT 6-BEACH 2 Resolution to DIRECT a petition for a ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Writ oTS ecial Election on 11/4/14 CONSENT 3 Resolution to UPDATE Ciry Council ADOPTED, BY 10-1 Y Y Y Y Y N Y Y Y Y Y Policy re "Guidelines for Evaluation of CONSENT Investment Partnerships for Economic Develo menY" 4 Ordinances re Harbour Point Neighborhood ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Dredging SSD: CONSENT a. AMEND the City Code to CREATE SSD/LEVY additional taxes within SSD b. CREATE/APPROPRIATE/ TRANSFER funds re engineering/ desi n work 5 Ordinances to ACCEPT/APPROPRIATE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y funds from U.S. Homeland Securiry to Fire CONSENT Deparhnent: a. $22,000 re Hazardous Materials Team b. $25,000 re Heavy Tactical Rescue Team i 6 Ordinance to APPROPRIATE $33,727 ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y' from the Oyster Hentage Trust Fund to CONSENT Planning/Community Development to iucrease the oyster habitat/continue Oyster Shell Recycling program CITY OF V/RGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 01/14/2014 PAGE: 3 S- H S AGENDA H M A E W ITEM # SUBJECT MOTION VOTE E J A M S U I D N O K R M M S H L w' Y L N A T O O O R S O E E E N I S N M 1 O O L R Y S E N S D S N N D K-l.a Applications for Nonconforming Uses: APPROVED/ 11-0 Y Y Y Y N Y Y Y Y Y Y CONDITIONED BY CONSENT BARBARA T. GRANT re structure at 308 45`" Street DISTRICT 6- BEACH b WAYNE BEAGLE re dormers at 103 Ash A'PROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Avenue CONDITIONED BY CONSENT DISTRICT 5- LYNNHAVEN c ERIK HOMES, LLC re enlargement of APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CONDITIONED structures: BY CONSENT (l) 215 5 1 " Street (2) 316 34th Street DISTRICT 6 - BEACH 2 CAPE HENRY COLLEGIATE MODIFIED AS 1 1-0 Y Y Y Y Y Y Y Y Y Y Y SCHOOL Modification of CUP to allow CONDITIONED increased height of lighting for Field No. 1 BY CONSENT at 1320 Mill Dam Road DISTRICT 5- LYNNHAVEN 3 OUTDOOR VENTURES- VIRGINIA APPROVED AS 11_0 Y Y Y Y Y Y Y Y Y Y Y BEACH, LLC CONDITIONED , (CONDITION #5 DISTRICT 6 - BEACH: REVISED) BY CONSENT a. CO"L from Conditional I-1 to P-l at South Birdneck/Bells Road b. CUP re outdoor recreation at 717/ 801 General Booth Boulevard 4 CITY: APPROVED, BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. ALLOW Antique Shops as Conditional Use in AG-1/AG-2 b. AMEND Section 1ll (`Definitions') of CZO re dwellings c. AMEND Section 201 of CZO re tlood protection d. AMEND Comp Plan re Urban Forest Mana ement Plan CORRECT FROM DEC 10. 2013 NVR, ING MUNDEN LAND, LLC 9-0 Y Y Y N/ N/ Y Y Y Y Y Y Modi?cation of Proffer No. 7 on a nin?Tnnin A A Conditional COZ (2006) at 2076 Princess APPROVED Anne Road DISTRICT 7- PRINCESS ANNE CITY OF VIRCINIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 01/14/2014 PAGE: 4 S- H S AGENDA H M A E W 1TEM # SUBJECT MOTION VOTE E J A M S U 1 D N O K R M M S H L W Y L N A T O O O R S O E E E N 1 S N M I O O L R Y S E N S D S N N D L APPOINTMENTS RESCHEDULED B Y C O N S E N S U S CHESAPEAKE BAY PRESERVATION AREA BOARD HISTORIC PRESERVATION COMMISSION PERSONNELBOARD PLANNING COMMISSION PROCESSIMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VBCDC PLANNING COMMISSION Appointed: 4 year 1 1-0 Y Y Y Y Y Y Y Y Y Y Y term 0 1/0 1/2014 - 12/31/2017 E. Ross Brockwell - Rose Hali District, David Weimer- Kempsville District MM/O ADJOURNMENT 6:20 PM PUBLIC COMMENT 621-6:57 PM - 1 I Speakers