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Home My WebLink AboutAPRIL 22, 2014 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILL/AM D. SESSOMS, JR., At Large V/CL MAYOR LOUIS R. ./ONES, Rayside - Di.rtrict d XOBL'RT M. DYER, Centerville - District 1 BARBARA M. HEN/ GY, Yrincess Anne - Distric! 7 SHANNON DS KANE, Rose Hall -- District 3 BXAD MARTW, P.E., At I.arge JOHN D. MOSS, At l,arge AMELIA ROSS-HAA7iLIOND, Kempsville - District 2 JOHN G UHHW, Beach - DiatrJct h ROSGMARY WILSON, At-I.arge JAMES L. WOOD, Lynnhaven -District .i CITY COUNCIL APPOINTEES ClTY MANAGER -JAMES K. SYORt' ClTY A'l "l'ORNl Y MARK D. S71LFS CITY ASSGSSOR JBKA/ D D. BANAGAN G7'YAUDI7'OlZ LYNDONS. ttEMIAS CITYG,GRK RU7HHODGGSFRASH.'R, MMC CITY HALL BUILD/NG 2401 COURTHOUSE DRIVE VIRG/NIA BEACH, VIRGIN/A 23456-9005 CITY COUNCIL BUDGET WORKSHOP PHONE.•(757) 385-4303 FAX (757) 385-5669 22 APRIL 2014 E- MAIL: Ctycncl@vbgoucom 1. FY 2014-15 RESOURCE MANAGEMENT PLAN (Budget) - Conference Room - 2:00 PM A. Quality Education and Lifelong Learning Schools - Dan Edwards, Chairman - School Board Libraries - Eva Poole, Director B. QUALITY ORGANIZATION Constitutional Officers: City Treasurer - John Atkinson Commissioner of the Revenue - Phil Kellam Communications and Information Technology - Matthew Arvay, Director Human Resources/Compensation - Regina Hilliard, Director Finance/Risk Management - Patricia Phillips, Director OVERVIEW - Quality Organizations [various Departments - Catheryn Whitesell, Director City Auditor - Lyndon Remias Real Estate Assessor - Jerald Banagan General Registrar - Donna Patterson City Clerk and Municipal Council - Ruth Hodges Fraser City Attorney - Mark Stiles City Manager - James Spore Management Services and Non-departmental - Catheryn Whitesell, Director CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large VICB MAYOR LOUlS R. JONES, Bayside - District 4 ROBh,'R9'M. DYhR, CenterviAe - District l NARBAfL9 M. HENI,EY, Prtncess Anne - Distrrct 7 SHANNON DS KANE, Ro.se Hal! -- Di.rtric! 3 BRAD MARTIN, P.{i., At Large JOHN D. MOSS, At Large Ah16'1.lA ROSS-HAMMOND, KempsvFlle - Distrrct 2 JOHN E. UHfUN, Beach District 6 ROSkMARY WILSON, At-Large JAMh:S L. WOOD, !_ynnhaven -Dislrict 5 CITY COUNCIL APPOINTEES ClTYMANAGER JAMF.SK. SYORF. CITY A7TORNCY MARK D. S7'ILES CITY ASSh'SSOR - JElL4LD D. BANAGAN CITYAUDITOR LYNDONS. REMIAS CITY CI.GRK RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 22 APRIL 2014 1. CITY MANAGER'S BRIEFINGS - Conference Room - A. 1NTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance B. VIRGINIA STORMWATER MANAGEMENT CHANGES Kay Wilson, Associate City Attorney Nancy McIntyre, Development Services Center Coordinator C. EASTERN SHORE DRIVE - Drainage Improvements John Fowler, City Engineer - Public Works IL CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL CITYHALL BUILD/NG 2401 COURTHOUSE DRIVE VIRGLNIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Crycncl@vbgov.com 4:00 PM 5:30PM C. RECESS TO CLOSED SESSION J. PLANNING 1. Applications of the CITY OF VIRGINIA BEACH to AMEND, REPEAL and ADD to the City Code re Stormwater Management a. Appendix F(Chesapeake Bay Preservation Area Ordinance) b. Appendix B (Subdivision Regulations) c. Appendix C(Site Plan Ordinance) d. Civil Penalties re Land Disturbing Violations e. Chapter 30 (Soil Removal and Other Land Disturbing Activities) re Virginia Code Revisions £ Appendix G(Southern Watersheds Management Ordinance) g. Repeal Appendix D and ADD a new Appendix D re Stormwater Management RECOMMENDATION APPROVAL 2. Application of KAREN C. DALESANDRO for a Conditional Use Permit re a Child Daycare Home at 3705 Joppa Lane DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL Application of JUDY STUVER and DOUG and JUDY STUVER for a Conditional Use Permit for a Child Daycare Home at 1085 Tolstoy Court DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of ENTERPRISE LEASING COMPANY OF NORFOLK and SISTERS II, LLC for a Conditional Use Permit re motor vehicle rentals at 2428 Princess Anne Road DISTRICT 7- PRINCESS ANNE [Courthouse Historical and Cultural District] RECOMMENDATION APPROVAL 5. Applications of NEW CINGULAR WIRELESS PCS, LLC and CYPRESS POINT ENTERPRISES, INC. at 5340 Club Head Road DISTRICT 4 - BAYSIDE a. Conditional Change of Zonin&from Conditional PD-1-12 Planned Development to Conditional P-1 Preservation District b. Conditional Use Permit for a communication tower RECOMMENDATION APPLICANT REQUESTS DEFERAL TO JUNE 17, 2014 6. Application of MOORE FARM, LLLP for a Conditional Change of Zoning-from B-lA Limited Community Business to Conditional B-2 Community Business re a restaurant with a drive- through at 925 Diamond Springs Road DISTRICT 2- KEMPSVILLE RECOMMENDATION APPROV AL 7. HISTORIC KEMPSVILLE MASTER PLAN AREA: DISTRICT 2 - KEMPSVILLE a. AMEND, DELETE Appendix 3 and REVISE the text of the Plan re drive-through facilities. b. AMEND Section 901 of the City Zoning Ordinance (CZO), re Drugstores with drive- through facilities in the B-4K Historic Kempsville Area Mixed-Used District, to ADD Standards for Drugstores with drive-through facilities in the B-4K Historic Kempsville Area Mixed-Used District and to AMEND Section 2003 to ADD drive-through Drugstore facilities as a Conditional Use in the B-4K Historic Kempsville Area Mixed-Used District c. Conditional Use Permit (City and S.L. Nusbaum) for a drive-through Drugstore at Princess Anne and South Witchduck Roads d. Street Closures - Unimproved portions of right of ways (1) Singleton Way (formerly Princess Anne Road) [two (2) different parcels] (2) Singleton Way (formerly Princess Anne Road) and South Witchduck Road (formerly Kempsville Road) RECOMMENDATION K. APPOINTMENTS ARTS and HUMANITIES COMMISSION AUDIT COMMITTEE BAYFRONT ADVISORY COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRAICT COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE TIDEWATER YOUTH SERVICES COMMISSION TOWING ADVISORY BOARD TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS L. UNFINISHED BUSINESS M. NEW BUSINESS APPROVAL N. 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 ***?*****?******?******?******* FY 2014-2015 RESOURCE MANAGEMENT SCHEDULE May IS` PUBLIC HEARING KEMPSVILLE HS May 6' Reconciliation Workshop Conference Room May 13' City Council Meeting Council Chamber Vote on Budget CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS - 4: 00-6: 00 PM CITY COUNCIL RETREAT Economic Development Office Town Center Monday, September 8, 2014 2014 CITY HOLIDA YS 1Veinariul T}cry - Mariday, iYlcz?; 26 fndenenclence Dnt' - ?i'd?uy, .Trrly 4 LtxCior Dq.y - tYlotrrtcg, .Septem6er I Vetertr.ras Dala - "luesda.y, ,N'o ventber• 11 Thartks?,>iving l)rrV urrcl Dtrj, rrfter 7 hanksgiving - Tlirtrsdrry, 'Vos-eniber^ 27 arad Frirlay, 1Nrcr>>erarber 28 C/iristmas Eve (/rulf dray) - it'erlnesdq?y, December 24 t lrrtstrraas Dcry - Thrar,sclrrv, Dec°enrner° 25 04/22/2014/gw CITY MANAGER'S BRIEFINGS - Conference Room - 4:00 PM A. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance B. VIRGINIA STORMWATER MANAGEMENT CHANGES Kay Wilson, Associate City Attorney Nancy McIntyre, Development Services Center Coordinator C. EASTERN SHORE DRIVE - Drainage Improvements John Fowler, City Engineer - Public Works II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW N. INFORMAL SESSION - Conference Room - 5:30PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL 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 Thomas Powell Pastor Calvary Chapel of Virginia Beach 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 April 8, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. FY 2014-15 RESOURCE MANAGEMENT PLAN (Budget) a. ORDINANCES FY 2014-15 OPERATING and CAPITAL BUDGETS b. ISSUANCE OF REVENUE BONDS 1. GeneralObligation $66,400,000 2. Storm Water $ 9,000,000 3. Water and Sewer $27,000,000 c. FEES - REAL PROPERTY TAX d. FEES - PERSONAL PROPERTY TAX e. FEES - STORM WATER - [ERU] f. FEES - VARIOUS PLANNING re Stormwater Management 1. PUBLIC HEARING 1. FEES - SEWER and WATER - Capital Recovery J. PUBLIC HEARINGS 1. LEASES OF CITY-OWNED PROPERTY a. 2089 Indian River Road b. 24th Street and Atlantic Avenue c. 205 Laskin Road NOTICE OF PUBLIC HEARING Tuesday, April_ 22, 2014 - 6:00 P.M. CITY CDUNCIL CHAMBER ON THE SECOND FLt$OR OF THE CITY HALL BUILDIFlG (BUILDING #1), 2401 COURTHOUSE DRIVE, VIRGINIA BEACH, VIRGINIA Pursuant to Section 5.07 of the City Charter and Section 2-197 of the City Code, the Council of the City of Virginia Beach,Virginia will hoid a Public Hearing at the time and place noted above, on the City Manager's Proposed Operating Budget for the fiscal year heginning July 7, 2014 and ending June 30, 2015 and on the Capital Improvement Program, including the fiscal year 2014-15 Capital Budget. A brief synopsis follows: PROPOSED FISCAL YEAR 2014-15 OPERATING BUDGET Summary of Expenditures CuHura! and Recreational Opporfunides - Cultural Affairs . . . . . . . . . . . . . . . . . . . . . . 2,279,046 - Museums . . . . . . . . . . . . . . . . . . . . . . . . . . 11,347,390 - Parks and Recreation . . . . . . . . . . . . . . . . 49,623,727 Economic Y!laiHy - Agriculture . . . . . . . . . . . . . . . . . . . . . . . . . . 5,289,896 - Convention & Visitor Bureau . . . . . . . . . . . 45,180,507 - Economic Development . . . . . . . . . . . . . . . 12,728,309 - Housing & Neighborhood Preservation .. . 26,277,102 - Strategic Growth Area . . . . . . . . . . . . . . . . 13,960,324 Famlly & Youth OppoAunities - Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,202,360 - Human Services . . . . . . . . . . . . . . . . . . . 111,330,511 Quallty Physical Environment - Planning . . . . . . . . . . . . . . . . . . . . . . . . . . 10,340,971 - Public Utilities . . . . . . . . . . . . . . . . . . . . . 102,428,022 - Pubiic Works . . . . . . . . . . . . . . . . . . . . . . 138,690,030 Safe Ca?mnunlty - Commonwealth's Attorney . . . . . . . . . . . . . 8,704,627 - Courts and Court Support . . . . . . . . . . . . . . 6,484,797 - Emergency Communications and Citizen Services . . . . . . . . . . . . . . . . . . . . 10,325,988 - Emergency Medical Services . . . . . . . . . . . 9,431,203 - Fire . . . . . . . .. . . . . . . . . . .. . . . . . . . . .. 47,608,939 - Police . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95,739,358 - Sheriff and Corrections . . . . . . . . . . . . . . . 39,856,062 Qualfty Education and LHelong Leaming - Library . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17,901,512 - Public Education . . . . . . . . . . . . . . . . . . . 860,622,217 Quality Organizatfon - Budget and Management Services . . . . . . . 1,639,851 - City Attorney . . . . . . . . . . . . . . . . . . . . . . . . 4,084,871 - City Auditor . . . . . . . . . . . . . . . . . . . . . . . . . . .688,272 - City Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . .582,372 - City Manager . . . . . . . . . . . . . . . . . . . . . . . . 2,825,204 - City Real Estate Assessor . . . . . . . . . . . . . . 3,232,118 - City Treasurer . . . . . . . . . . . . . . . . . . . . . . . 5,572,935 - Commissioner of the Revenue . . . . . . . . . . 4,198,633 - Communications & Information Technology 23,072,926 - Finance . . . . . . . . . . . .. . . . . . . . . . . . . . . . 5,148,564 - General Registrar . . . . . . . . . . . . . .. . . . . . 1,378,780 - Human Resources . . . . . . . . . . . . . . . . . . . . 4,318,769 - Municipal Council . . . .. . . . . . . . . . . . . . . . . .530,887 - Non-Departmental . . . . . . . . . . . . . . . . . . . 34,766,014 Otlrer - Future CIP Commitments . . . . . . . . . . . . . . 7,000,000 - General Fund Debt Service . . . . . . . . . . . . 49,352,978 - Pay-As-You-Go Capital Projects . . . . . . . . 47,048,957 - Reserve For Contingencies . . . . . . . . . . . . . 5,077,704 TO7AL EXPENDRURES . . . . . . . . . . . $1,829,872,733 Summary of Revenues General Property Taxes . . .. . . . . .. .. . .. 678,194,808 From the Commonwealth .. . . . .. . .. . . .. 459,784,550 Other Local Taxes . . . . . . . . . . . . . . . . . . . . 286,171,246 Permits, Privilege Fees, and Regulatory From the Federal Government ... ....... 119,112,621 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,316,340 Fines and Forteitures . . . .. . . . . ... . . . . ... 7,626,205 Non-Revenue Receipts......... ......... 2,256,135 Use of Money and Property . . . . . . . . . . . . . . 9,343,912 Fund Balance/Retained Earnings . . . . . . . . . 30,033,916 Charges for Services . . . . . . . . . . . . . . . . . 275,937,431 Miscellaneous Revenue ............ ....16,095,569 TOTAL REVENUES............... S1,829,872,733 PROPOSED FISCAL YEAR 2014-15 CAPITAL BUDGET Summary of Proiect Estimates Capital Budget Proiect Secdon FY 201475 Schools .......................... ..$34,566,000 Roadways ........................ ... 65,578,105 Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18,880,027 Parks and Recreation . . . . . . . . . . . . . . . . . . 24,587,750 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58,514,582 Coastal .......................... ...11,125,047 Econamic and Tourism Develapment ... ... 22,771,581 Communications and Infarmation Technology ....................... ...22.179.077 Total CaRital Improvemeut Program S 258,202 709 Summarv of Fundina CapHal Budget 7ype of Flnancing_ FY 2014-15 Pay-As-You-Go* . .. . . .... . . . . .. . .. . . $ 47,048,957 General Fund Undesignated Fund Balance. . 21,678,524 Other Fund Balance/Retained Earnings .... 10,525,853 State ...............................21,138,326 Federal .............................11,660,792 BondslLease Purchases ............... 131,841,678 Other ...............................14.307.979 09 Total Financing - All Sources ...... $258,202.1 "Reflects cash financing supported by revenues in the Operating Budget, that is Vansferred to the CiP. The Proposed Operating Budget and Proposed Capital Improvement Program/Capital Budget documents are available at the Meyera E. Oberndort Central Library during scheduled hours of operation. Copies are also available for examination at the Ciry Manager's Office, the City Clerk's Office, and the Departmeni of Budget and Management Services, in the City Hall Building, Municipal Center, between 8:00 a.m. and 5:00 p.m., Monday through Friday. These documents can be viewed on ihe City's web page located at www.vbgov.com. All Hearings are open to the public and all interested citizens will have an opportunity to he heard. To provide an opportunity for all citizens to be heard, speakers are asked to make oral comments within three minutes or oiher such reasonabie time limit as shall be determined by City Council. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303 or by registering with the City Clerk's office on the second floor of the City Hall Building prior to the Hearing. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired, call TDD - 711. Beacon A ril 6, 2014 24013776R Ruth Hodges Fraser, MMC P Cifu Clerk 141 - -A SUNDAY, 04.06.14 I BcACC I NOTICE OF PUBLIC HEARING Proposed Authorization of General Obligation Bonds in the Estimated Maximum Amount of $66,400,000 On Tuesday, April 22, 2014, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia, the Council "of the City of Virginia Beach, Virginia, will hold a Public Hearing on the proposed authorization by the City of general obligation bonds in the estimated maximum amount of $66,400,000. The proposed uses of the bond proceeds are to finance various public improvement projects, including schools, roadways, parks and recreation and buildings. Projects that may exceed 10% of the amount authorized include: 1-233 - Consolidated Old Donation Center/Kemps Landing Magnet; 4-509 - Replacement of Kempsville Recreation Center; and 2-045 - Pacific Avenue Improvements - Phase I. In#erested citizens may appear at such time and place to present their views. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303, or by registering with the Clerk immediately prior to the Hearings. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, call TDD - 711. Ruth Hodges Fraser, MMC City Clerk Beacon March 30 and April 6, 2014 24013710R NOTICE OF PUBLIC HFARING Proposed Issuance of Storm Water Utility Revenue Bonds in the Estimated Maximum Amount of $9,000,000 On Tuesday, April 22, 2014, at 6:00 p.m. in the City Councii Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia, the Council of the City of Virginia Beach, Uirginia, will hold a Public Hearing on the proposed authorization by the City of storm water utility revenue bonds in the estimated maximum amount of $9,000,000. The proposed uses of the bond proceeds are to finance improvements and expansions to the City's storm water utility system. Projects that may exceed 10% of the amount authorized include: 7-151 - Eastern Shore Drive Drainage; 7-415 - Lake Management II; 7-414 - Storm Water Quality Enhancements II; and 7-416 - Storm Water Infrastructure Rehabilitation and Improvements II. Interested citizens may appear at such time and place to present their views. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303, or by registering with the Clerk immediately prior to the Hearings. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, call TDD - 717. Ruth Hodges Fraser, MMC City Clerk Beacon March 30 and April 6, 2014 24013718R NOTICE OF PUBLIC HEARING Proposed Authorization of Water and Sewer Utility Revenue Bonds in the Estimated Maximum Amount of $279000,000 On Tuesday, Aprii 22, 2014, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia the Councii of the City of Virginia Beach, Virginia, will hold a Public Hearing on the proposed authorization by the City of water and sewer utility revenue bonds in the estimated maximum amount of $27,000,000. The proposed uses of the bond proceeds are to finance improvements and expansions ta the City's water and sewer utility system. Projects that may exceed 10% of the amount authorized include: 6-041 - Pump Station Modifications V; and 6-501 - Auxiliary Power Program-Sewer Pump Stations - Phase IIL Interested citizens may appear at such time and place to present their views. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303, or by registering with the Clerk immediately prior to the Hearinqs. If you are physically disabled or visually impaired and need assistance at this meeting, please ca11385-4303. Hearing impaired, call TDD - 711. L Ruth Hodges Fraser, MMC City Clerk Beacon March 30 and April 6, 2014 24013725R Tax Increase Caused by Increase in Annual Assessment The City of Virginia Beach proposes to increase property tan levies. 1. Assessment Increase: Total assessed value of real property, excluding additional assessments due to new construction or improvements to property, exceeds last year's total assessed value of real property by 3.0 percent. 2. Lowered Rate Necessary to Ottset Increased Assessment: The tax rate which would levy the same amount of reai estate tau as last year, when multiplied by the new total assessed value of real estate with the exciusions mentiooed above, would be $0.9029 per $100 of assessed value. This rate will be known as the "lowered tax rate:" ?. EfEective Fiate Increase: The City of Virginia Beach proposes to adopt a tax rate of $0.93 per $100 of assessed value. The difference between the lowered tax rate and the proposed rate would be $0.0271 per $100, or 2.91 percent. This difference wili he known as the "effective tax raYe increase:' Individual properry taues may, however, increase at a percentage greater than or less than the above percentage. 4 4. Proposed Total Budget increase: Based on the proposed real properlp tax rate and changes in other revenues, the total budget of the CiTy of Virginia Beach will exceed last year's by 2.76 percent, or 2.7 percent when the use of fund balance is excluded. ?`„.,?`M NOTE: The FY 2014-15 Operating Budget as submitted to the City Council proposes maintaining the current real estate tax + rate at $0.93 on each $100 of assessed real property. Since ihe effective rate increase in assessments is over 1.00%, the preceding information was provided pursuant to Code af Virginia § 58.1-3321. Public Hearing A Public Hearing on the effective rate increase will be held on RA Thursday May 1, 2014 at6:00 p.m. at Kemspville High School, ? 5194 Chief Trail, Virginia Beach, Virginia 23464. This hearing is open to the public, and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired, call TDD - 711. Ruth Hodges Fraser, MMC City Clerk Beacon March 30, 2014 24013743R PUBLIC NOTICE NOTICE OF PERSONAL PROPERTY TAX RATE CHANGES On Tuesday, April 22, 2014, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing concerning a proposed ordinance increasing the tax rate on certain personal property for calendar year 2015. The personal property tax rate on the general classification of tangible personal property (including personai vehicles) and other classifications of personal property otherwise provided for in Section 1 and Section 3 of the 2015 Personal Property Tax Levy, is proposed to increase from the rate of three doliars and seventy cents ($3.70) per one hundred dollars ($100) of assessed valuation to the rate of four dollars ($4.00) per one hundred dollars ($100) of assessed valuation. The effective date of these rate changes is January 1, 2015. Information concerning the documentation and justification for the proposed tax levy increase and the complete ordinance are available for examination by the public at ` the Meyera E. Oberndort Central Library during scheduled hours of operation. This information is also available at the City ManagePs Office, the City Clerk's Office and the Department of Budget and Management Services, in the City Hall Building, Municipal Center, between 8:00 a.m. and 5:00 p.m., Monday through Friday. This information can be ° accessed on the Ciiy's web site located at www.vbgov.com. This Hearing is open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk'S Office at 385-4303. If you are physicalty disabled or visually impaired and need assistance at this meeting, please ca11385-4303. Hearing impaired, TDD - 711. Ruth Hodges Fraser, MMC City Clerk Beacon April 6, 2014 24013732R PUBLIC NOTICE Notice of Fee increases Stormwater INanagement Fees On Tuesday, April 22, 2014, at 6:00 p.m. in the City Council Chamber on the second floor of the City HaII Buiitling (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia will hold a public hearing concerning a proposed ordinance amending Section 32.5-2 of the City Code to increase stormwater management fees charged on an equivalent residential unit (ERU) as follows: Daily Charge Current Daily Effective Charge 7/1/2014 Equivalent Residential Unit Rate $ 0.416 $ 0.433 The authority for establishment of such fees is contaiaed in Virginia Code Section 15.2-2114. Information concerning the documentation and justification for the proposed fee increases and the complete ordinance are available for examination by the public at the Meyera E. Oberndorf Central Library and all branch libraries during scheduled hours of operation. This information is also available at the City Manager's Office, the City Clerk's Office, and the Department of Budget and Management Services, in the Citp Hall Building, Municipal Center, between 8:00 a.m. and 5:00 p.m., Monday through Friday. This information can be accessed on the City's web site located at www.vbgov.com. These Hearings are open to the public and all interested citizens will have an opportunity to be heard. Individuals x desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing ? impaired, call TDD - 711. Ruth Hodges Fraser, MMC City Clerk Beacon March 30 and April 6, 2014 24013937R ??>> r ,P`` y4. .: ?, r'T ( r ? .. ?} PUBLIC HEARING Proposed Increases To Fees On April 22, 2014 at 6:00 P.M., the Virginia Beach City Council will hold a Public Hearing concerning the adoption of proposed ordinances amending the Site Plan Ordinance and Subdivision Regulations listed below to increase fees for certain applications, reviews or permits. A copy of the proposed ordinances and the documentation for the proposed increases in fees are availabie for inspection in the City's Department of Pianning, Municipal Genter, Building 2. The aforesaid Public Hearing will be held in the City Council Chamber, located on the 2nd floor of the City Hall Building (Building 1), 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in these matters may appear and be heard. Code Section amended CurrentFee Proposed Fee Authorityforincrease Site Pian Residential site plan for 2 or more Sinale-famiiKand duplex: Individual single-famity tlwelling: $75. Virginia Code § 152-2286 Ordinance residences: $1014 +$30 per unit after 2 single-family dwellings on the same lot: $330. (App. C) § 3.2 Site Plan Review the first 5 units. Nonresidential site plan: $1356 +$102 per acre. Duplex site 1 duplex on one lot: $330. Ail other site develooment• larea of prooosed land disturhance: plan: $560. Site plan for 1 single-family Greater than or equal to 2500 SF and less than 1 acre: $900. dweliing unit not in the Chesapeake Bay Greater than or equal to i acre and less than 5 acres: $1000. Preservation Area (CBPA): $75. Singie Greater than or equal to 5 acres and less than 10 acres: $1333. family dwellings and additions and other Greater than or equal to 70 acres and less than 50 acres: $2847. residentiai structures requiring a plan Greater than or equal to 50 acres and less than 100 acres: pursuant to the CBPA Ordinance: $280 $5877. or$135for abbreviated review. Land Greaterthan orequalto 100 aCres:$7560. Management Plan: $250. Changes to Changes to plan; $168 per revised sheet. plan: $168 per revised sheet Subdivision Reguiations For residential subdivisions of 6 or more lot plats or for any nonresidential Area of pronocad I^nd disturbance: Greater than or equal to 2500 5F and less than 1 acre: $900. Virginia Code § 152-2241 (App. B) § 8.1 subdivisions: $252 +$84 per 100 linear Greater than or equal to t acre and less than 5 acres: $1000. Construction Plan feet of roadway. Greater than or equal to 5 acres and less than 10 acres: $1333. Greater than or equal to 70 acres and less than 50 acres: $2847. review Greater than or equal to 50 acres and less than 100 acres: $san. Greater than or equal to 100 acres: $7560. if you are physically disabled or visuaily impaired and need assistance at this meeting, please cail the CITY CLERK'S OFFICE at 757-385-4303. Ruth Hodges Fraser, MMC City Clefk Beacon April 6& 13, 2014 24013984R rQ ? r { .1 NOTICE OF PUBLIC HEARING The Virginia Beach City Council will hold a Public Nearing on April 22, 2014, at 6:00 P.M. in the City Councii Chamber, Building 1, 2401 Courthouse Dr., Virginia Beach, Virginia to consider the adoption of sewer capital recovery fees and water capital recovery fees to replace the existing sewer connection fees and water resource recovery fees set forth in Chapters 28 and 37, respectively, of the City Code. Such proposed fees are as follows: Fee Proposed Fee Fee Proposed Fee Sewer Gapital For separately metered single-family units, Water Capitai For separately metered single-family units, Recovery Fees dupiexes and triplexes, (per dwelling unit) and Recovery Fees tlupiexes and triplexes (per dwelling unit) and non-residential uses: non-residentiai uses: (formerly 5!e" meter: $1,545 (formerly 5!e" meter: $2,267 Sanitary Sewer 1" meter: $3,863 Water Resource i" meter: $5,667 Connection Fees) tYz" meter: $7,727 Recovery Fees) 1%z" meter: $11,333 2" meter: $12,363 2" meter: $18,133 3" meter: $23,181 3" meter: $34,000 4" meter: $38,634 4" meter: $56,667 6" meter: $77,268 6" meter: $113,334 8" meter: $123,629 8" meter: $181,334 10" meter: $177,717 10" meter: $260,668 For mixed-use buildings containing both For mixed-use buiidings containing both residential and non-residential uses: separate residential and non-residential uses: separate meters required for residential and non-residential meters required for residential and non- components; fee as above residential components; fee as above for multiple-family units: 70% of the applicable For multiple-family units: 70% of the applicable fee per dwelling unit. fee per dwelling unit. Where gravity sewer service is not available to the Where a use or structure connected to the public property: 50% of applicable fee. water system is expanded or modified resuiting Where a use or structure connectetl to the public in an increase in water meter size: difference sewer system is expanded or modified resulting behveen the fee corresponding to the size of the in an increase in water meter size: difference new meter and the fee corresponding to the size between the fee corresponding to the size of the of the replaced meter. new meter and the fee corresponding to the size of the replaced meter. Where the property owner must construct sewage facilities that are to become part of the public sewer system: 25% of the applicable fee. For seasonal campgrounds: 1/2 of applicable fee. for year-rountl campgrounds: The applicable fee. Where property having no water meter is connected to the public sewer system: Applicable fee for a water meter of a size necessary to serve the property. The legal authority for enactment of the proposed fees is sei forth in Virginia Code Section 152-2722 (sewer capital recovery fee) and 15.2-2143 (water capital recovery fee). The complete ordinance and information concerning the documentation for the proposed fees are available for examination by the public at the Department oi Public Utilities, Operations Building, 2405 Courthouse Drive, Virginia Beach, Virginia 23456, (757) 385-4631. If you are physically disabled or visually impaired and need assistance at ? this meeting, please call the CITY CLERK'S OFFICE at (757) 385-4303. ? Ruth Hodges Fraser, MMC City Clerk Beacon April 6 8 13, 2014 24013969R ? u ? S! s a 4., ..i "..r PUBLIC HEARING LEASE OF CfTY PROPERTY The Virginia Beach City Council will hold a PUBLJC HEAFtING on Tuesday, April 22, 2014 at 6:00 P.M. in the Council Chamber, City Hall - Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain pubiic comment on the proposed lease of the following City-owned property: Residential dwelling locatetl at 2089 Indian River Road (Part of 2403-81-7788) If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; Hearing impaired call 711. Any questions concerning this matter shoultl be direCted to Public Works- facilities Management Office, Room 228, Building 18, Virginia Beach Municipal Center, (757) 385-5659. Ruth Hodges Fraser, MMC City Clerk Beacon April 14, 2014 24035091 yN A(? f / rt PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday April 22, 2014, at 6:00 P.M. in the Council Chamber, CiTy Hall - Bldg. #1, at the Virginia Beach Municipai Center. The purpose of this Hearing will be to obtain public comment on the proposed lease of the following City-owned property for the purpose of a maritime museum: Approximately 12,000 square feet, located at 241^ Street and Atlantic Avenue, (GPIN 2427-19-4622) together with the builtling commonly known as the "Old Coast Guartl Building" Any questions concerning this matter should be directed to the Dept. of Public Works, Facilities Management Office, Bldg. 18, Room 228, (757) 385-5659. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; Hearing impaired call 711. Ruth Hodges Frasei, MMC City Clerk Beacon April 13, 2014 24035122 r ;r}'iNl?C?,1 Y 1 O ? ? ?G s? < .?-.. , L - °S 't? PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed lease of City-owned property on Tuesday, April 22, 2014, al 6:00 P.M. in the Council Chamber of the City Hall Building (Buiiding #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to grant a lease for: Approximately 48 square feet located outside, under the roof line, and in fronl of the space operated by Jody's, Inc. at 205 Laskin Road, Virginia Beach, Virginia 23451 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CIERK'S OFFICE at 385-4303; Hearing impaired, call TDD 711 (TDD - Telephone Device for the Deaf). Any questions conceming this matter should be directed to the Resort Management Office, 2101 Parks Avenue, Virginia Beach, Virginia 23451. The Resort Management Office telephone number is (757)385-6639. Ruth Hodges Fraser, MMC Cfty Clerk Beacon April 13, 2014 24035066 I. ORDINANCES/RESOLUTION Ordinance to AMEND various portions of Section 2 of the City Code re the Small Business Enhancement Program 2. Ordinance to ACCEPT a DONATION of One Hundred (100) recycling bins from Keep America Beautiful and AUTHORIZE the City Manager to EXECUTE an Agreement for same 3. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases for City-owned properties re: a. Jody's, Inc. for an outdoor seating area at 31 Ocean b. Kempsville Borough Boys Baseball, Inc. for artwork (sculpture) to be installed at Kempes Landing Park c. John Doe for a dwelling at 2089 Indian River Road d. Virginia Beach Maritime Museum, Inc. for the "Old Coast Guard Building" at 24`h Street 4. Ordinances to AUTHORIZE temporary encroachments into portions of City-owned property known as: a. West Osborn Cove: N. E. and CHERYL K. RONDORF, Trustees of the Rondorf Family Living Trust, re a bulkhead, floating dock, pier, gangway, riprap revetment and riparian buffer at 2420 Pineland Cove DISTRICT 5 - LYNNHAVEN b. Harbor Canal: THOMAS E. and COLLEEN H. DRINKARD re floating dock, bulkhead, wharf and boatlift at 2320 Spindrift Road DISTRICT 5 - LYNNHAVEN 5. Resolution for the ESTABLISHMENT of Reliance Medical Transport LLC and provide an annual EMS permit for private ambulance services 6. Ordinance to ACCEPT and APPROPRIATE $101,938 from the Virginia Department of Health, Office of Emergency Medical Services (EMS) for the Four-for-Life program re purchase of rescue equipment and medical supplies 7. Ordinances to TRANSFER: a. Funds from the School's various classifications to technology classifications (1) from Instruction $992,283 (2) from Transportation $243,408 (3) from Operations And Maintenance $ 3,165 b. $170,000 within the Sheriff's Budget for additional part-time positions re workload demands r 1',•?•••,?a?? ? +' x CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: An Ordinance to Amend Sections 2-224.1, 2-224.2, 2-224.3, 2-224.5, 2-224.6 and 2-224.8 of the City Code Pertaining to the Small Business Enhancement Program MEETING DATE: April 22, 2014 ¦ Background: In 1995, the City Council enacted City Code provisions to help ensure that small, minority-owned, and woman-owned businesses are made aware of City contracting opportunities and are encouraged to compete for City contracts. These sections have been amended in furtherance of the City Council's commitment to equal opportunity and nondiscrimination in City procurement. The City Council enacted the Small Business Enhancement Program ("SBEP") in September 2011, which requires prime contractors who use subcontractors on City construction contracts with a value exceeding $50,000 to subcontract at least 50% of the value of the subcontracted work to certified small businesses or document the good-faith efforts taken to attempt to meet the 50% requirement. ¦ Considerations: This ordinance updates the SBEP based on feedback from the bidding community and lessons learned since the SBEP was adopted. The Minority Business Council endorsed this ordinance during its March meeting. The primary points that this ordinance seeks to address are: • Clarifying the certification requirement: "SWAM" (small, woman and minority- owned) is the shorthand terminology that more accurately describes the businesses that are the focus of the ordinance; • Referencing City Council's 10% aspirational goal for minority-owned business participation in City contracts and adding a statement encouraging the use of minority-owned subcontractors; • Clarifying the process and considerations should a bid require a review of "good- faith efforts" by the City; • Broadening the scope of the SBEP to include construction delivery methods other than bids, such as design-build and PPEA; • Further explaining the timing and conditions for update or validation of construction subcontracting plans; and • Addressing the ordinance's application to professional services contracts, such as architectural and engineering services, which are often solicited without a definite scope, and for which the Procurement Act limits consideration of price in the review of proposals. ¦ Public Information: Public information will be provided through the normal Council agenda process. Page 2 of 2 ¦ Attachment: Ordinance Requested by Councilmembers Dyer and Kane REQUESTED BY COUNCILMEMBERS DYER AND KANE 1 AN ORDINANCE TO AMEND SECTIONS 2- 2 224.1, 2-224.2, 2-224.3, 2-224.5, 2-224.6 AND 2- 3 224.8 OF THE CITY CODE PERTAINING TO 4 THE SMALL BUSINESS ENHANCEMENT 5 PROGRAM 6 7 SECTIONS AMENDED: §§ 2-224.1, 2-224.2, 8 2-224.3, 2-224.4, 2-224.5, 2-224.6, 2-224.8 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Sections 2-224.1, 2-224.2, 2-224.3, 2-224.4, 2-224.5, 2-224.6, and 2-224.8 14 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to 15 read as follows: 16 17 Sec. 2-224.1. Definitions. 18 19 For purposes of this subsection, the following words shall have the meanings 20 ascribed to them in this section: 21 22 DMBE=-SWAM-certified small business means a small business that has been 23 certified by the Virginia Department of Minority Business Enterprises or successor 24 department of the Commonwealth. 25 26 DMB€-SWAM-certified small business, " - , 27 , subcontracting participation plan: A plan 28 detailing, at a minimum: Whether the contractor intends to utilize any subcontractors; 29 what, if any, DMB€ SWAM-certified small business, ' * , seFV;Ge 30 , subcontractors the contractor intends to 31 utilize; the work to be performed by each DMI3€ SWAM-certified small business; 32 , 33 subcontractor; and the anticipated amount or percentage to be paid to each 8a4B€ 34 SWAM-certified small business, ' , 35 ;_ SWAM-certified small businesses include 36 small businesses that are SWAM-certified as being minoritv owned, woman owned, or 37 disabled veteran owned Prime contractors are stronqly encouraaed to utilize minoritv 38 contractors as part of their overall small business subcontractinq plan. The Citv Council 39 has established a qoal of 10% minority-owned business participation in Citv contracts. 40 41 Prime Contractor Workforce Composition Form means a document providinq the 42 following information: the composition of the contractor's workforce, specifically 43 indicating the percentage of woman, service disabled veteran and minority employees 44 in their company; the percentage of woman, service disabled veteran and minorities in 45 management positions, supervisory positions, professional positions, and 46 nonprofessional IMAII 47 , , 48 ; 49 , ' , 50 ;o 51 , , 52 , , ; 53 , 54 55 the . 56 57 Good-faith Miner4ty , 58 €usiness Participation Efforts: The sum total of efforts by a particular busffiRess bidder to 59 provide for the equitable participation of ' ', 60 °m^'^y°°° °^d SWAM-certified small business subcontractors in response to a Citv 61 procurement. • 62 63 Specificitv means sufficient information necessary to enable the Citv staff to 64 substantiate or confirm the matter asserted. For example, "specificity" in the context of a 65 quote requires at a minimum the followinq information: the firm providinq the quote: the 66 contract person or representative for the auote: the date the quote was provided; and 67 the scope of work attributed to such quote. 68 69 , is sum total shall b d of the FeGE)Fd Of FnmROFuty, 70 71 thFoLigh , , aRd ; 72 ; . 73 74 , " 75 effetts" JtFAtt-FI1ean thes°c??eas??aitiv whTOh aFe c+erl 4o aI I ow orv uitah I 76 w , 77 . 78 79 Minority, Service Disabled Veteran and Woman Contractors Bid List: A list of 80 contractors who have completed and filed with the purchasing agent the city's bidder 81 application indicating that their firm is a minority-owned, service disabled veteran or 82 woman-owned business. The purchasing agent shall maintain the list and shall organize 83 the list by category of business. Such list shall be provided, upon request, in its entirety 84 or by relevant category, to any interested party. The list shall not be deemed to 85 constitute an endorsement of the qualifications of any business included on the list. 86 87 Minority-owned Business: A business or other entity that is at least fifty-one (51) 88 percent owned and controlled by one (1) or more socially and economically 89 disadvantaged person(s). For purposes of this definition, the term "control" shall mean 90 exercising the power to make policy decisions and being actively involved in day-to-day 91 management. Such disadvantage may arise from cultural, racial, chronic economic 92 circumstance or background, or other similar cause. Such persons include, but are not 93 limited to, Black Americans, Hispanic Americans, Asian Americans, Eskimos, and 94 Aleuts. 95 96 Service disabled veteran: means a veteran who (i) served on active duty in the 97 United States military ground, naval, or air service, (ii) was discharged or released 98 under conditions other than dishonorable, and (iii) has a service-connected disability 99 rating fixed by the United States Department of Veterans Affairs. 100 101 Service disabled veteran business: means a business concern that is at least 102 51 % owned by one or more service disabled veterans or, in the case of a corporation, 103 partnership, or limited liability company or other entity, at least 51 % of the equity 104 ownership interest in the corporation, partnership, or limited liability company or other 105 entity is owned by one or more individuals who are service disabled veterans and both 106 the management and daily business operations are controlled by one or more 107 individuals who are service disabled veterans. 108 109 Small business means a business, independently owned and controlled by one 110 or more individuals who are U.S. citizens or legal resident aliens, and together with 111 affiliates, has two hundred fifty (250) or fewer employees, or annual gross receipts of 112 ten million dollars ($10,000,000.00) or less averaged over the previous three years. One 113 or more of the individual owners shall control both the management and daily business 114 operations of the small business. 115 116 Woman-owned Business: A business or other entity that is at least fifty-one (51) 117 percent owned and controlled by a woman or women. For purposes of this definition, 118 the term "control" shall mean exercising the power to make policy decisions and being 120 actively involved in day-to-day management. 121 Sec. 2-224.2. °eserved. Process to Determine Sufficiencv of Good Faith Efforts. 122 123 When a subcontractinq participation plan does not provide the 50% SWAM- 124 certified participation requirement set forth in 2-224.6(b)(i) and a responsiveness 125 determination is required pursuant to 2-224.6(b)(ii) the determination of whether the 126 materials submitted with the bid satisfv the "qood-faith" requirement is a question of fact 127 to be rendered by the purchasing aqent. The followinq factors are relevant to such 128 determination: 129 130 M What steps the bidder has taken to solicit and neqotiate subcontractinq bids 131 from SWAM-certified small businesses; 132 134 ? Whether the bidder utilized the City outreach list, if applicable; 135 (3), Whether the bidder debundled or riqht-sized project components to allow for 136 meaninqful small business participation; 137 138 (4) Whether the bidder provided assistance in bonding insurance, equipment, 139 supplies, or other assistance or services; 140 141 (5) Whether the bidder has taken other steps to identifv and enqaqe small 142 businesses that would be willinq and able to perform the subcontracted work; 144 and 145 (6)Whether the efforts undertaken bv the bidder appear to be reasonablv 146 calculated to lead to the maximization of SWAM-certified small business 147 participation. 148 149 The review of the above factors should identify the reasons whv the 50% SWAM7 150 certified small business subcontractinq requirement was not met. If the Purchasinq 151 Aqent is satisfied that the documentation submitted with the bid evidences the bidder 152 made a qood faith effort to provide for the equitable participation of SWAM-certified 153 small business in the procurement the purchasinq aqent shall memorialize such 154 determination in the bid file. If the purchasing aqent is unable to make such 155 determination the rationale for such determination shall be communicated to the bidder 156 at the time of postinq intent to award. 157 158 Section 2-224.3. D1111B€ SWAM-certified small business, including woman and 159 minority-owned business opportunities-Construction contracts; bid 160 requirements. 162 (a) Notice of every invitation to bid on city construction contracts in excess of fifty 163 thousand dollars ($50,000.00) shall be provided to 164 i , 165 bid 4+st all SWAM-certified small businesses in the relevant industrv sector located 166 within fifty (50) miles of the city. In addition, the purchasing agent shall also forward 167 such notices, upon request, to any minority organization or other interested party. 168 169 170 171 (b) If a pre-bid meeting is held, the purchasing agent or designee shall provide 172 prospective contractors with direction regarding the resources for locating DMB€ 173 SWAM-certified small businesses offered by the Virginia Department of Minority 175 Business Enterprises or successor department. 176 (c) Every bid submitted in response to an invitation to bid on a city construction contract 177 in excess of fifty thousand dollars ($50,000.00) shall be required to contain a 178 proposed DMB€ SWAM-certified small business, iRGludiRg , 179 , subcontracting participation plan. T-he 180 , iRGlUdiRg subGGRtFaGting 181 , , 182 183 , inGludiRg , 184 , 185 186 187 (d) The purchasing agent shall provide, upon request, to all prospective prime 188 construction contractors, a list of all businesses included in the relevant categories 189 of the minority, service disabled veteran and woman contractors bid list; provided, 4 190 191 19 194 195 197 198 199 200 201 202 203 204 206 208 209 210 211 212 213 214 215 216 217 218 220 221 223 224 225 226 227 228 229 230 231 232 233 234 235 237 however, that the list shall not be deemed to include all available minority-owned or woman-owned subcontractors, nor shall it be deemed to constitute an endorsement of the qualifications of any subcontractor included on the list. (e) For purposed of this section "bid" shall include a request for proposals ("RFP") for construction where permitted design-build proposals construction manaqer at risk contracts and PPEA proposals (Detail Phase) for construction. (f) Prior to contract execution and provided the bidder meets the requirements of this section and Section 2-224.6 the bidder shall be afforded the opportunitv to update or validate the subcontracting plan in the 10 davs after the postinq of notice of intent to award This update or validation will not be accepted if it substantiallv decreases the utilization either bv dollar amount or qercentaqe, of subcontracted work to SWAM-certified small business subcontractors. The final SWAM-certified small business subcontractinq participation plan shall become a part of the contract with the City. Sec. 2-224.4. Same-Contracts for provision of goods and services. Solicitations for aoods and services contracts of more than fifty thousand dollars ($50,000.00) shall include at least three (3) DMBF= SWAM-certified small businesses, including minority-owned businesses, service disabled veteran-owned businesses or woman-owned businesses that are included on the list maintained pursuant to section 2-224.1 and are in the business of supplying goods or services of the kind to be procured, unless the list of available SWAM-certified vendors contains less than three (3) such businesses. vrcrv? oI'1?ARC nernr r4ificoic J c+ ur?maII v L+? ??.ino??ve? imnnvlu? ?rlin?*rrg n mineritv o?in r?n--s.v?RC?.ac?? -r businesses, . In addition, the purchasing agent shall forward such solicitations, upon request, to any minority organization or other interested party. Sec. 2-224.5. Same-Procurement of professional and other than professional services by competitive negotiation. (a) Notice of every request for proposals ("RFP") for professional services shall be provided to eaGh busunes? ?.?-r^^:aed ffiR?the-relevaRt sategoFy-oft#e Fnune F'tyr, -sewise all SWAM-certified small businesses in the relevant industry sector located within fifty (50) miles of the citv. In addition, the purchasing agent shall also forward such notices, upon request, to any minority organization or other interested party. (b) If a pre-bid meeting is held, the purchasing agent or designee shall provide prospective contractors with direction regarding the resources for locating DMB€ SWAM-certified small businesses offered by the Virginia Department of Minority Business Enterprises or successor department. 5 238 239 (c) , iRG'udoRg , T-he 240 , • 241 , i 242 ng wernaR, , subraORtFact 243 244 , , 245 , 246 . To the extent practicable the submitted proposal should 247 provide possible subconsultants and subcontractors that the offeror intends to utilize 248 in the execution of the services and whether such firms are SWAM-certified. 249 " 250 . , 251 GORtFaGtOF ," 252 eess: 253 255 Sec. 2-224.6. Responsible and responsive bidder; qualified offeror. 256 (a) The provisions of this subdivision shall be used as criteria in determining whether a 257 bidder is deemed to be responsible and responsive, ^r whe4hor .,., OffcrGr ;S 258 i, and no contract shall be awarded to a bidder er--e#eFe? 259 who has not complied with the provisions herein. Failure to submit a proposed 260 DMB€ SWAM-certified small business, O , 261 , subcontracting participation plan or sufficient 262 documentation of qood-faith participation efforts with a bid eF-PFeryesa-I shall result in 264 the bid e?epesal being declared nonresponsive. 265 (b) For construction contracts with a value exceeding fifty thousand dollars 266 ($50,000.00) where the contractor intends to utilize subcontractors, the DIVIB€ 267 SWAM-certified small business, inGluding , 268 , subcontracting participation plan required by this 269 ses#+eR article must either: (i) provide for at least fifty (50) percent of the value of the 270 subcontracted work to be provided by one or more DMB€ SWAM-certified small 271 businesses; or (ii) provide documentation showing, with specificity, the good-faith 272 participation efforts undertaken by the prospective contractor to attempt to meet the 273 fifty (50) percent usage requirement. In fulfillinq the fiftv percent SWAM-certified 274 small business subcontracting requirement prime contractors are stronqlv 275 encouraqed to utilize minoritv-owned businesses as subcontractors. 276 277 (c) If a subcontracting plan does not meet the requirements of subsection (b), the entire 2 9 bid or proposal shall be declared nonresponsive to the solicitation. ? 280 Sec. 2-224.8. Penalties. 281 282 (a) Any bidder or contractor that intentionally makes a material misrepresentation in 283 connection with any of the information required by subdivision shall be debarred 284 from contracting with the city for a period of two (2) years from the date of 285 notification of such debarment. 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 312 313 314 315 316 (b) Prior to final payment, each contractor shall submit a report documenting its efforts undertaken in compliance with its final DMB€ SWAM-certified small business; , , subcontracting participation plan. The report shall include, at a minimum: A statement of whether any DMB€ SWAM-certified small business subcontractors were utilized; a list of any DM13€ SWAM-certified small businesses,g ; a brief description of the work performed by each 8AA-B€ SWAM-certified small business, ' ' ; the amount paid to each DMB€ SWAM- certified small business, inGluding, subsentFastefs; and any additional good-faith minority-owned, service disabled veteran-owned and woman-owned business participation efforts the contractor made in connection with the contract. A contractor will not receive final payment under a contract until he submits the documentation required by this subsection. (c) If actual woman, service disabled veteran and minority participation substantially deviates below the levels outlined in the final DMB€ SWAM-certified small business, , bU6"^e6s°s , subcontracting participation plan, the contractor shall provide an explanation for the deviation within ten (10) days of a request by the city for such explanation. If the explanation for the deviation lacks reasonable justification that rises to the level of dishonesty or in the event the contractor refuses to submit an explanation for the deviation, the contractor may be debarred from contracting with the city for a period of up to two (2) years from the date of notification of such debarment. (d) The debarment of any bidder or contractor pursuant to this subdivision shall be deemed to include the debarment of any successor corporation, partnership, firm or other entity controlled or managed by any officer, director, partner or controlling shareholder of the debarred bidder or contractor. 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: .r-.._ r ?,? ? ?? << ? Finance Department orn s ffice CA12700 R-5 April 14, 2014 q?. r I A B ;i ?? 55) .? ?`<'`"• ..?4,»="'?',: ? CITY OF VIRGINIA BEACH AGENDA ITEM _ ITEM: An Ordinance to Accept a Donation of 100 Recycling Bins from Keep America Beautiful MEETING DATE: April 22, 2014 ¦ Background: The City applied for and has received initial approval of a donation from Keep America Beautiful ("KAB") for 100 recycling bins. The bins are shown on the attached exhibit. The bins will provided to organizers of various special events and may be placed upon City property at various locations around the City with a focus at the Resort Area. ¦ Considerations: There may be some additional cost associated with delivery and acceptance of the bins, upkeep of the bins, and storage of bins in the event of storms. Also, the bins do include an acknowledgement of KAB's partnership with Dr. Pepper/Snapple. ¦ Public Information: Public information will be provided through the normal Council Agenda process. ¦ Recommendations: It is recommended that Council accept the donation. ¦ Attachments: Ordinance, Exhibit 1(Summary of Terms of Donation Agreement), Exhibit 2(Picture of Bin) Recommended Action: Approval Submitting Department/Agency: Strategic Growth Area O ce Ft-? City Manager: ?;j ?' 1 2 3 4 5 6 7 8 9 10 11 R-2 April 15, 2014 AN ORDINANCE TO ACCEPT A DONATION OF 100 RECYCLING BINS FROM KEEP AMERICA BEAUTIFUL BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1) A donation of 100 recycling bins from Keep America Beautiful is hereby accepted to further the City's recycling efforts in various parks and public areas; and 2) That the City Manager of his designee is hereby authorized to execute a donation agreement with Keep America Beautiful that is consistent with the summary of terms attached hereto as Exhibit 1. 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: ? S ategic Gro Area Off' e City A ' ce CA 12991 Exhibit 1 SUMMARY OF TERMS DONATION AGREEMENT Donor: Keep America Beautiful Donee: City of Virginia Beach Requirements/Commitments: • Keep America Beautiful agrees to: o Provide 100 recycling bins. • The City agrees to: o Use the bins for recycling at various City parks focusing in the Resort Area; o Arrange for delivery and receipt of the bins; o Report usage, deployment, and lessons learned to Keep America Beautiful at six months, one year, and two years. Exhibit 2 n`a , t? . % ..,.-,,.. ,•,? { }?,?::?e•:? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease Agreement with Jody's Inc. for the Use of Approximately Forty-Eight (48) Square Feet of City- Owned Property for an Outdoor Seating Area at 31 Ocean MEETING DATE: April 22, 2014 ¦ Background: Since 2009, Jody's, Inc. ("Jody's"), has leased from the City an outdoor seating area of approximately forty-eight (48) square feet iocated at 31 Ocean, 205 Laskin Road, Virginia Beach, Virginia (the "Leased Area"). Jody's proposes to enter into a new lease agreement for the Leased Area for a one (1) year term with four (4) one-year renewal options (the "Lease"). Jody's would be allowed to place tables and chairs in the Leased Area and would be responsible for the maintenance of the Leased Area. Jody's would be required to comply with other regulations consistent with other outdoor seating areas throughout the City. Use of the Leased Area has been treated as a lease agreement and not as a cafe franchise because: (a) this property is not located in the right-of-way; and (b) Jody's will not provide table service to the Leased Area. ¦ Considerations: Jody's has agreed to pay $834.68 for the first year of the Lease, with that amount increasing by three percent (3%) each successsve year. The Lease has been endorsed by the City's Strategic Growth Area/Resort Managemert Office, and would be consistent with other uses at the 31 Ocean development. Should Council not authorize the request, Jody's would continue to operate their store at the 'A1 Ocean location. The City has the right to terminate the Lease with sixty (60) days' notice if needed for a public purpose. ¦ Public Information: Advertisement of Public Hearing in The Virginian-Pi;at Advertisement of City Council Agenda ¦ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ¦ Attachments: Ordinance, Summary of Terms, Location Map Recommended Action: Adopt Ordinance Submitting Department/Agency: Strategic Growth Area/Resort Management ?f -G - City ManagerF: ? , ? J? 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE 3 AGREEMENT WITH JODY'S INC. FOR THE 4 USE OF APPROXIMATELY FORTY-EIGHT 5 (48) SQUARE FEET OF CITY-OWNED 6 PROPERTY FOR AN OUTDOOR SEATING 7 AREA AT 31 OCEAN 8 9 WHEREAS, since 2009, Jody's, Inc. ("Jody's"), has leased from the City an 10 outdoor seating area of approximately forty-eight (48) square feet located at 31 Ocean, 11 205 Laskin Road, Virginia Beach, Virginia (the "Leased Area"); and 12 13 WHEREAS, Jody's proposes to enter into a new lease agreement for the Leased 14 Area from the City for a one-year term with four one-year renewal options; and 15 16 WHEREAS, the Leased Area would continue to be used by Jody's as a seating 17 area for its customers, and for no other purpose; and 18 19 WHEREAS, the Strategic Growth Area/Resort Management Office recommends 20 that the City enter into a lease agreement with Jody's in accordance with the Summary 21 of Terms attached hereto. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH: 25 26 That the City Manager is hereby authorized to execute a lease agreement for a 27 one-year term with four one-year renewal options, between Jody's, Inc., a Virginia 28 corporation, and the City, for the Leased Area, as shown on the plan attached hereto as 29 Exhibit A, made a part of this Ordinance, and in accordance with the Summary of Terms 30 attached hereto, and such other terms, conditions or modifications as may be 31 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 32 33 Adopted by the City Council of Virginia Beach, Virginia on this day 34 of .2014. Approved as to Content: A:"4e 4EL Strategic Growth Area/ Resort Management Approved as to Legal Sufficiency: City Attorney's Office CA12942 ',.`.vbgov.com\DFS I \Applications\CitylawProd\cycom32,. Wpdocs?D017\P018\00116506. DOC R-1 March 17, 2014 SUMMARY OF TERMS LEASE FOR JODY'S INC. TO USE 48 SQUARE FEET OF CITY-OWNED PROPERTY AT 31 OCEAN LEASOR : City of Virginia Beach LEASEE: Jody's, Inc., a Virginia corporation PREMISES: 48 square feet of City-owned property located outside, under the roof-line, and in front of the space operated by Jody's, Inc., 205 Laskin Road, Virginia Beach, Virginia 23451. TERM: June 1, 2014 through May 31, 2015 RENEWAL: Four (4) optional one-year terms TERMINATION: City shall have right to terminate if necessary for a public purpose by giving sixty (60) days' notice. RENT: For the first year rent shall be: $834.68 per year Renewal rent shall be as follows: Year 2: $859.72 annually Year 3: $885.51 annually Year 4: $912.08 annually Year 5: $939.44 annually RESTRICTIONS ON USE OF LEASED AREA: • The sale, service, or use of alcohol in the Leased Area is strictly prohibited. • Live or recorded entertainment shall not be allowed in the Leased Area. • Materials placed in Leased Area must be approved by the City and no logos other than Jody's, Inc. logo shall be permitted. • All items placed in the Leased Area must be removed each night at the close of business. • No extraneous items such as menu boards, signs or portable heaters in the Leased Area shall be permitted. • Solicitation for tips or the posting or dissemination of printed material in the Leased Area is prohibited. \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\ Wpdocs\D017\P018\00116507.DOC LOCATION MAP 31ST STREET CITY OF VIRGINIA BEACH AGENDAITEM ITEM: An Ordinance Authorizing the City Manager to Execute an Agreement between the City of Virginia Beach and Kempsville Borough Boys Baseball, Inc. for Acceptance and Maintenance of Artwork to be Installed at Kempes Landing Park MEETING DATE: April 22, 2014 Background: Kempsville Borough Boys Baseball, Inc. a/k/a Kempsville PONY Baseball; ("KPB") has commissioned Virginia Beach artist Richard Stravitz to design and cast a life-size bronze sculpture of a young teen-age baseball player (the "Sculpture"), to commemorate the 50-year history of Pony baseball played in the Kempsville area of the City of Virginia Beach (the "City"). KPB has raised private donations to fund, install and maintain the Sculpture, and requests that it be installed on City-owned property at Kempes Landing Park. KPB has also requested installation of brick pavers ("Pavers") around the base of the Sculpture, forming the shape of home plate. The front edge of the plate would be a maximum of 17 feet across. Approximately 89 of the Pavers will be 8" x 8", and 866 of the Pavers will be 4" x 8", for a total of 955 Pavers. KPB and the City will enter into a maintenance agreement holding KPB responsible for maintenance and repair of the Sculpture, Pavers and proposed lighting (the "Elements"). Considerations: City will have no responsibility for maintaining any of the Elements, but will have the right to remove any or all of the Elements if not properly maintained. The City will also have the right to relocate the Sculpture and/or Pavers at its discretion. The Public Art Committee of the Virginia Beach Arts and Humanities Commission has reviewed the proposed Sculpture donation, installation location, and future maintenance provisions and recommends its acceptance and placement in Kempes Landing Park. Public Information: Advertisement of City Council Agenda. Recommendations: Adoption of Ordinance. Attachments: Ordinance Summary of Terms Picture of Sculpture and Information from KPB Website Recommended Action: Approval Submitting Department/Agency: Dept. of Parks and Recreation ? Office of Cultural Affairs City Manager: ?k ? ? 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT 3 BETWEEN THE CITY OF VIRGINIA BEACH AND 4 KEMPSVILLE BOROUGH BASEBALL, INC. FOR 5 ACCEPTANCE AND MAINTENANCE OF ARTWORK 6 TO BE INSTALLED AT KEMPES LANDING PARK 7 8 WHEREAS, Kempsville Borough Boys Baseball, Inc. a/k/a Kempsville PONY 9 Baseball ("KPB") has commissioned Virginia Beach artist Richard Stravitz to design and 10 cast a life-size bronze sculpture of a young teen-age baseball player entitled "Good 11 Game" (the "Sculpture"); 12 13 WHEREAS, to commemorate the 50-year history of Pony baseball played in the 14 Kempsville area of the City of Virginia Beach (the "City"), KPB has offered to donate the 15 Sculpture to the City to be installed along with pavers and lighting (the "Supporting 16 Elements") in Kempes Landing Park; 17 18 WHEREAS, KPB has agreed to enter into a maintenance agreement with the 19 City holding KPB responsible for the installation, maintenance and repair of the 20 Sculpture and Supporting Elements, and all costs associated therewith (the 21 "Maintenance Agreement"); 22 23 WHEREAS, the Public Art Committee of the Virginia Beach Arts and Humanities 24 Commission ("VBAHC") reviewed the proposed Sculpture, location, and maintenance 25 provisions; and 26 27 WHEREAS, after review and discussion with City staff, the VBAHC recommends 28 that the City accept the Sculpture, and that it be installed together with the Supporting 29 Elements at Kempes Landing Park. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 1. That the City Council hereby accepts the donation of the Sculpture entitled 35 "Good Game," and directs that such Sculpture and Supporting Elements be installed in 36 Kempes Landing Park; and 37 38 2. That the City Manager or his designee is authorized to execute any and all 39 documents necessary or appropriate in connection with the acceptance of the Sculpture 40 and Supporting Elements, and to enter into a Maintenance Agreement with KPB for 41 same, so long as such documents are consistent with the Summary of Terms attached 42 hereto as Exhibit A, and made a part hereof, and such other terms and conditions 43 deemed necessary and sufficient by the City Manager and in a form deemed 44 satisfactory by the City Attorney. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 47 of .2014. APPROVED AS TO LEGAL SUFFICIENCY AND FORM 6 2..,- Lti.6 i./ t 'f}q LA4..? j City Attorney I APPROVED AS TO CONTENT /1". Office of C Itural Affairs CA12777 \\vbgov.com\DFS1 Wpplicatlons\CityLawProd\cycom32\W pdocs\D027\P007W0073004. DOC R-1 April 11, 2014 APPROVED AS-70 CONTENT rks and Recreation EXHIBIT A SUMMARY OF TERMS Agreement between the City of Virginia Beach and Kempsville Borough Boys Baseball, Inc. for ponation and Maintenance of Artwork ("Agreement") Parties: City of Virginia Beach ("City") Kempsville Borough Boys Baseball, Inc. a/k/a Kempsville PONY Baseball ("KPB") Purpose: To memorialize the rights and responsibilities of each party with respect to the sculpture "Good Game" ("Sculpture") and the property surrounding the Sculpture to be installed at Kempes Landing Park. Term: Agreement commences upon execution, and continues in perpetuity. KPB's Responsibilities: • Fund the creation, installation and maintenance of the Sculpture. • Fund and install brick pavers around the base of the Sculpture forming the shape of home plate. The front edge of the plate would be a maximum of 17' across ("Pavers"). • Maintain the Sculpture per the artist's recommendation in perpetuity and repair when necessary. • Maintain, repair and replace Pavers when necessary, as determined by the Dept. of Parks & Recreation. City's Responsibilities: • No responsibility for construction, installation, or maintenance costs of Sculpture, Sculpture base, Pavers, or lighting. • Provide written acceptance of the Sculpture. Other Terms: • City has sole discretion to relocate Sculpture and/or Pavers at City's expense. • KPB to indemnify and hold City harmless for any damage suffered by Sculpture or Pavers. • Agreement may only be modified by writing, executed by both parties. • If Sculpture and/or Pavers suffer vandalism, repair and/or cleaning should be initiated within 48 hours. • If Sculpture and/or Pavers are not properly maintained, the City may remove Sculpture and/or Pavers at its discretion. FROM WEBSITE: www.kpb.org Kempsville PONY Baseball Statue Project and Paver Fundraiser Kempsville PONY Baseball is commemorating the decades of youth baseball played at our original location in the heart of Kempsville with a life-size statue of a young ballplayer. The statue will be placed in the new park near the old Kempsville "Pony-Colt" fields and will be surrounded by a field of etched pavers holding 50 years of your baseball memories. If you or your child, grandchild, or great-grandchild enjoyed the game of baseball while playing or coaching at the Kempsville PONY fields at Kemps Landing, please consider supporting this project by purchasing an etched paver to record your personal baseball memory for posterity! The ballplayer is captured in our post-game tradition of congratulating the other team on a "Good Game." The "Good Game" statue will be placed in the middle of a paver field in the shape of home plate. Two different paver sizes are available: A standard 4" x 8" paver for a donation of $75 and a larger 8" x 8" paver for a donation of $250 or more. Because the area authorized for our use in the new park at Kemps Landing is sinall, the number of pavers we will be able to place there is limited. Only 89 8"x 8"pavers and 866 4" x 8" pavers will be available. With the many thousands of Kempsville players and families who have special memories of the Pony-Colt fields, the opportunity to record yours is limited. Etched paver orders are limited to 20 characters on each line (including spaces and punctuation). The 4" x 8" paver has up to three lines. The 8" x 8" paver has up to six lines. You can pay either by printing and filling out an order form: 8x8 Paver Order Form 4x8 Paver Order Form and mailing it with a check made out to "KPB Good Game Statue" to: Kempsville PONY Baseball PO Box 65243 Virginia Beach, VA 23467 s = ° ^?.. . .. _'a I ?. ? FIR n aa "Good Game" u'se? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease with John Doe for the City-owned Dwelling Located at 2089 Indian River Road MEETING DATE: April 22, 2014 ¦ Background: In 2001, the City acquired a residential dwelling (the "Premises") as part of the small horse farm at 2089 Indian River Road (GPIN 2403-81-1788). The Police Department's Mounted Patrol facility is located on the property and the Police Department prefers to lease the Premises to a police officer. The current tenant, a police officer, desires to continue leasing the Premises. For security reasons, the Poiice Chief has requested that the name of the tenant not be publicly released. ¦ Considerations: The lease would be on a month-to-month basis and can be terminated by either party with thirty (30) days' written notice. In no event shall the terrri of the lease extend beyond May 31, 2019 without City Council's approval. The tenant has agreed to pay $850.00 per month rent and perform all necessary routitie maintenance and repairs to keep the Premises clean and in good condition. The Ci±y would be responsible for maintenance and repair of the heating, air conditioning and electrical systems. The Premises would be used solely as the tenant's residence. ¦ Public Information: Advertisement of Public Hearing in The Virginian-Pilot; Advertisement of City Council Agenda ¦ Alternatives: Approve lease agreement as presented, chiange terms and conditions of the lease agreement or deny leasing of subject Premises. ¦ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management ,, ??1J City Manager: k. o, 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 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH JOHN DOE FOR THE CITY-OWNED DWELLING LOCATED AT 2089 INDIAN RIVER ROAD WHEREAS, the City of Virginia Beach (the "City") owns a residential dwelling (the "Premises") located on its property at 2089 Indian River Road (GPIN 2403-81-7788) (the "Property"); WHEREAS, the Police Department's Mounted Patrol facility is located on the Property; WHEREAS, the Police Department prefers to lease the Premises to a police officer; WHEREAS, John Doe, the current tenant (the "Tenant"), is a police officer and desires to continue leasing the Premises; and WHEREAS, the Police Department has requested that the name of the Tenant not be publicly released for security reasons; and WHEREAS, the Tenant desires to enter into a formal lease agreement with the City in accordance with the terms and conditions set forth in the Summary of Terms, attached hereto as Exhibit A, and made a part hereof; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease agreement between John Doe and the City of Virginia Beach for the Premises located at 2089 Indian River Road, in accordance with the Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory to the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? L(%(l'il ,.G C. M Public Wo s/ Fac' ies City Attorney Management CA12939 R-1 April 9, 2014 \\vbgov.com\DFS t Wpplications\CityLawProd\cycom32\W pdocs\D019\P018\00117177. DOC EXHIBIT A SUMMARY OF TERMS LESSOR: City of Virginia Beach (the "City") LESSEE: John Doe (the "Tenant") PREMISES: Residential dwelling located at 2089 Indian River Road (GPIN 2403-81-7788) TERM: Month-to-month tenancy, commencing June 1, 2014, and shall not extend beyond May 31, 2019. RENT: $850 per month RIGHTS AND RESPONSIBILITIES OF LESSEE/TENANT: • Premises will be used solely for Tenant's residence, and for no other purpose. • Tenant will perform all necessary maintenance and repairs to keep the Premises clean and in good condition, at his sold expense (except heating, air conditioning and electrical). • Tenant wi11 maintain renter general liability insurance coverage with policy limits of not less than $1,000,000 combined single limits per occurrence and will name the City as additional insured. • Tenant will comply with all applicable federal, state and local laws, ordinances, and regulations. • Tenant will comply with all terms and conditions set forth in the Lease. TERMINATION: Either party may terminate the Lease for any reason by giving thirty (30) days' written notice to the other party. LOCATION MAP .- `?'?• .. .. . `?C rt. r ?., +w ?i . . . . . . ,,?• _ , - : ?: ? ? ??? ? ? ;• ?` . Ov, A.-ff.?-.> 4K .? !? ,?: • ?" ? .?' ??, . . ? ? ? V?'? ` • ? y '`?'' 1 w , ? > ? , • ?{, , ? - R 1 . ..? ..`?'?a, ? -?: ' ;n• ?, . ? ?:•; .? ?: . ... ?. ? "x? •'? '? . ?;•h,?,?' ?t.` ????r; , ?t - i §I ? .?? t... . . ?. ? ?`? } kt 11P 9K ; ?tt I • 1 ' . ? ??..., •. :- ,?: M?, 4a ut"°"-- r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for up to 5 Years with Virginia Beach Maritime Museum, Inc., for City-Owned Property Located at 24t" Street and Atlantic Avenue, Together with the Building Commonly Known as the "Old Coast Guard Building" MEETING DATE: April 22, 2014 ¦ Background: The Virginia Beach Maritime Museum, Inc. ("VBMM"), a non-stock Virginia corporation, currently operates the Virginia Beach Maritime Museum (the "Museum") in the Old Coast Guard Building located at 24th Street and Atlantic Avenue (the "Property"). The City of Virginia Beach (the "City") and VBMM entered into previous lease agreements for the Property to operate the Museum, a gift shop and office space. In February 2014, City Council adopted an Ordinance authorizing the City Manager to enter into a lease agreement for a small strip of land located on the southernmost portion of the Property (see Exhibit A), which allowed the adjacent property owner to maintain pile caps to support its building. This new lease between the City and VBMM will slightly modify the southernmost lease line but will not affect the Museum (the "Premises"). The previous lease between the City and VBMM for the subject Property has expired, and VBMM wishes to enter into a new lease agreement with the City for the Premises. ¦ Considerations: This Lease would be for a term of up to five (5) years. The Museum is important to the City's museum program and to the preservation of the City's maritime history. Moreover, proceeds from sales in the Museum gift shop are reinvested by VBMM for upkeep of existing exhibits and for purchase or creation of new exhibits. There are no plans in the foreseeable future to utilize this parcel of property for any usage other than the present use. ¦ 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. ¦ Recommendations: Approval ¦ Attachments: Ordinance, Summary of Terms, Location Map, Exhibit A Recommended Action: Approval ? Submitting Department/Agency: Public Works/Facilities Management City Manag : " ?,,;Z ? ? 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A LEASE FOR UP TO 5 YEARS WITH THE 3 VIRGINIA BEACH MARITIME MUSEUM, INC., FOR CITY- 4 OWNED PROPERTY LOCATED AT 24t" STREET AND 5 ATLANTIC AVENUE, TOGETHER WITH THE BUILDING 6 COMMONLY KNOWN AS THE "OLD COAST GUARD 7 BUILDING" 8 9 WHEREAS, the City of Virginia Beach (the "City") owns property located at 24tn 10 Street and Atlantic Avenue (GPIN: 2427-19-4622) (the "Property"), together with the Old 11 Coast Guard Building (the "Building"), which currently houses the Virginia Beach 12 Maritime Museum (the "Museum"); 13 14 WHEREAS, by authority of ORD-3333F, the City Manager entered into a lease 15 with the adjacent property owner for a small strip of land along the southern boundary of 16 the Property to enable the adjacent property owner to maintain pile caps to physically 17 support the adjacent building; 18 19 WHEREAS, the Virginia Beach Maritime Museum, Inc. a non-stock Virginia 20 corporation ("VBMM"), has previously leased the Property and operated the Museum, 21 and would like to enter into a new lease with the City for the Property, less and except 22 the portion leased to the adjacent owner (the "Premises"); 23 24 WHEREAS, VBMM has been paying the City one dollar ($1.00) per year in rent 25 and the City has provided the Museum with utilities, housekeeping and maintenance; 26 27 WHEREAS, the Museum is important to the City's museum program and to the 28 preservation of the City's maritime history; 29 30 WHEREAS, profits from sales from the gift shop are utilized for the upkeep of the 31 existing maritime exhibits and for purchase or creation of new exhibits; and 32 33 WHEREAS, the Premises will continue to be used for operation of the Museum, 34 a gift shop and office space. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 That the City Manager is hereby authorized to execute a lease for up to 5 years 40 between the Virginia Beach Maritime Museum, Inc., and the City for the Premises, in 41 accordance with the Summary of Terms attached hereto, and such other terms, 42 conditions or modifications as may be acceptable to the City Manager and in a form 43 deemed satisfactory by the City Attorney. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia on the 46 day of 7 2014. APPROVED AS TO CONTENT: Public Works acilitiesManagement APPROVED AS TO LEGAL SUFFICIENCY: v?- City Attorney's Office-/ CA-12779 \\vbg ov. com\D FS 1 Wpplications\CityLawProd\cycom32\Wpdocs\D012\P017\00115751.DOC R-1 April 7, 2014 SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY TO VIRGINIA BEACH MARITIME MUSEUM, INC. LESSOR: City of Virginia Beach LESSEE: Virginia Beach Maritime Museum, Inc. PREMISES: Approximately 12,000 square feet of City property located on Atlantic Avenue at 24th Street and known as the Old Coast Guard Building TERM: May 1, 2014 - April 30, 2019 RENT: Rent shall be one dollar ($1.00) per year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises for a maritime museum with a gift shop and offices and no other purpose. • Remain open to the general public for at least 120 days and a total of at least 1,000 hours per year. • Maintain signage which shall give recognition to the Lessor as a principal in the ownership and establishment of the Leased Premises. • Purchase and maintain commercial general liability insurance. • Comply with all requirements for maintaining the building's status as a National Historic Site. RIGHTS AND RESPONSIBLITIES OF CITY: • Maintain Premises, provide minimal weekly housekeeping services and pay for all utilities (except telecommunications fees), fuel, and solid waste collection. • Inspect the Premises for compliance with the terms of the lease and all state, local and federal laws, statutes, ordinances and regulations. TERMINATION: • Either party may terminate the lease upon thirty (30) days' advance written notice to the other party. ? ? ..T,..?._ ,,.,,..,. • REV ' 7 c? 2?$?I 3023 ? , -- 9 1 ' 2 2q2?.1°r 1. SITE + L+' 1 11`3 _ • 21,'q,?g?9 ,4 - d? oc o -rH - , ? r 1 ?'; . ? 1 ? 1 ; VTS ? RUIN N 5TREET i8^' ' 242 P 23 x " X LOCATtON P fOR ?'LD COAST GUARD STATION BUILDING AND PROPERTY AT 24TH STREET AND ATIANTIC ? AVENUE TO BE LEASED BY s.;- IRCiN1A BEACH MAR1TiME MUSEUM; I,NC ? SC.hLE:1p=100' ? 0 `r- -?'? • " is ??-? • r ? b p PREF'AFitU UY r/w tNU. unHr i. EXHIBIT A AREAS LEASED TO ADJACENT PROPERTY_OWNER - EXCEPTED FROM LEASED PREMISES -- ?? 4F Lease Area ?. . x < <- ? ? TZ??czt?TEt? 1 ' . ? 4"'4K1 . . L... r r ? Lease Area Lease Area Lease Area E ? , K? • - - i `-? ?'---?--?_..._---?? ? ? ?,`• . l Lease Area ? . 5-uC cj ? ? ?.!? : . ? t ?'?.'?{lt?.l. !li Lt?' C l:"' '?. ("+. t .D I-I?.TLb'?i?ti.f J'11a7-r: ?comcFV &wr -- lJoi To Scruc N ,.y!yl,? 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of an existing City drainage easement known as West Osborn Cove, located at the rear of 2420 Pineland Lane, for property owners N. E. Rondorf and Cheryl K. Rondorf, Trustees of the Rondorf Family Living Trust MEETING DATE: April 22, 2014 ¦ Background: N. E. Rondorf and Cheryl K. Rondorf, as Trustees for the RondorF Family Living Trust, have requested permission to maintain an existing timber bulkhead and to construct and maintain a proposed 8' X 12' floating dock, 4' X 4' fixed access pier, 4' X 5' aluminum gangway, 225 L.F. riprap revetment and a landscape riparian buffer (3,125 sq. ft.) into a portion of City property known as West Osborn Cove, an existing City drainage easement, located at the rear of 2420 Pineland Lane. During review of this encroachment application, a shed was identified in the side- yard setback. The shed has been reported to Zoning Enforcement for resolution. ¦ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In regard to the shed discussed above, the Agreement provides that the permission granted herein does not extend to any accessory structures shown on the Agreement's exhibit. Also, the Agreement provides that the owner would need to procure any other permits required by law. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environment and Sustainability Office. Staff is of the professional opinion that the establishment of a 15-foot-wide vegetated riparian buffer area, consisting of canopy trees, under story trees, shrubs, miscellaneous ground cover, ornamental grasses and perennial plants in a mulched bed running the entirety of the shoreline, adjoining the applicant's property, is feasible and warranted to help reduce long-term water quality impacts associated with the existing and proposed encroachments. However, there is a portion of the 15- foot-wide area that cannot accommodate the buffer, so the applicant will make a payment to the City to restore buffer areas on other City-owned property to offset the on-site buffer requirement. ¦ Public Information: Advertisement of City Council Agenda . . ¦ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ¦ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ¦ Attachments: Ordinance, Agreement, Plat, Picture and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate 4('4 City Manager: I? > ? ??}dllz??? i` ?f?r?? `R yP*'Pi??w ? i • F ?a?+ ?" "i'>-- .. ??.•. r?Rf+IF?'?: / ?? .- -...?'k '? .r??"'?ir .. t ?w ` " • : 4f, ` ?'z .?"?•,? .,' ? `°`. t . r- ???_* ? a? ; i ^ , It / --?'.. 5 f, ?A, ^4?. W?\ ?A/,? W ? 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF AN EXISTING 5 CITY DRAINAGE EASEMENT KNOWN 7 AS WEST OSBORN COVE, LOCATED 8 AT THE REAR OF 2420 PINELAND 9 LANE, FOR PROPERTY OWNERS N. lo E. RONDORF AND CHERYL K. 11 RONDORF, TRUSTEES OF THE 12 RONDORF FAMILY LIVING TRUST 13 14 WHEREAS, the Rondorf Family Living Trust, through its trustees, desires to 15 maintain an existing timber bulkhead and to construct and maintain a proposed 8' X 12' 16 floating dock, 4' X 4' fixed access pier, 4' X 5' aluminum gangway, 225 L.F. riprap 17 revetment and a landscape riparian buffer (3,125 sq. ft.) into the City property known as Zs West Osborn Cove, an existing City drainage easement, located at the rear of 2420 19 Pineland Lane, in the City of Virginia Beach, Virginia; and 20 21 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 22 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 23 City's property subject to such terms and conditions as Council may prescribe. 24 25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 27 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 28 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Rondorf Family Living 29 Trust, (the "Trust") its heirs, assigns and successors in title are authorized to maintain 30 temporary encroachments for an existing timber bulkhead and to construct and maintain 31 a 8' X 12' floating dock, 4' X 4' fixed access pier, 4' X 5' aluminum gangway, 225 L.F. 32 riprap revetment and a landscape riparian buffer (3,125 sq. ft.), into City property as 33 shown on the map marked Exhibit "A" and entitled: "EXHIBIT "A" - ENCROACHMENT 34 REQUEST FOR NEIL RONDORF JULY 24, 2013 SHEET 1 OF 1 SCALE: 1" = 30'," a 35 copy of which is on file in the Department of Public Works and to which reference is 36 made for a more particular description; and 37 38 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 39 subject to those terms, conditions and criteria contained in the Agreement between the 40 City of Virginia Beach and the Trust (the "AgreemenY'), which is attached hereto and 41 incorporated by reference; and 42 43 BE IT FURTHER ORDAINED that the Agreement is limited to the authority 44 provided by §§ 15.2-2009 and 15.2-2107, and it does not provide a permit, variance, or 45 other approval of any feature displayed on the Agreement's Exhibit; and 46 47 48 49 50 51 52 53 54 55 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such time as N. E. Rondorf and Cheryl K. Rondorf, the trustees and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of . 2014. CA-12583 R-1 PREPARED: 3/11/14 APPROVED AS TO CONTENTS %m6° 0. 1 Sr'? I NATURE APPROVED AS TO LEGAL SUFFICIENCY AND FORM -? `DAN . HARMEYER, ASSOCIATE CITY ATTORNEY 1 W?cr? C?`.i 1 r??. DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 2nd day of April, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and N. E. RONDORF and CHERYL K. RONDORF, Trustees, or their successors in trust, under the RONDORF FAMILY LIVING TRUST, dated October 28, 2003, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 29, Block B"; as shown on that certain plat entitled: "SUBDIVISION OF "GREAT NECK ESTATES" SECTION ONE LYNNHAVEN MAGISTERIAL DISTRICT PRINCESS ANNE COUNTY, VA. SCALE: 1" = 100' DECEMBER, 1956 SHEET TWO OF TWO," prepared by FRANK D. TARRALL, JR., a CERTIFIED LAND SURVEYOR for FRANK D. TARRALL, Jr. & ASSOCIATES SURVEYORS 7 ENGINEERS NORFOLK 7 VIRGINIA BEACH, VA, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 43, at page 28 and 28A, respectively, and being further designated, known, and described as 2420 Pineland Lane, Virginia Beach, Virginia 23454; GPIN: (NO GPIN REQUIRED OR ASSIGNED - DEDICATED CITY DRAINAGE EASEMENT KNOWN AS WEST OSBORN COVE) 1498-98-6442-0000; (2420 Pineland Lane) WHEREAS, it is proposed by the Grantee to maintain an existing timber bulkhead and to construct and maintain a proposed 8' X 12' floating dock, 4' X 4' fixed access pier, 4' X 5' aluminum gangway, 225 L.F. riprap revetment, (to be installed channelward of the existing timber bulkhead) and a landscape riparian buffer, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City drainage easement known as West Osborn Cove, located at the rear of 2420 Pineland Lane, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" - ENCROACHMENT REQUEST FOR NEIL RONDORF SCALE: 1' = 30' JULY 24, 2013 SHEET 1 OF 1," prepared by RICHARD T. BARTLETT, PROFESSIONAL ENGINEER for PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit") 3 It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer (3,125 sq. ft.), which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of canopy trees, understory trees, shrubs of a size and species of the Grantee's choice that will architecturally blend with the species of trees planted, miscellaneous ground cover, ornamental grasses and perennial plants, as shown on Exhibit "A" (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Environment and Sustainability Division of the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, consisting of stepping stones, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee shall make an Eight Hundred Dollar ($800.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the remainder (460 sq. ft.) of the typically required 15-foot-wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. 4 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conforrn to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that this Encroachment Agreement does not provide permission to the Grantee to maintain a shed or other accessory structure on City property or within the side-yard setback provided by the City Zoning Code. Also, the Grantee must procure any permits or variances required by law for the Temporary Encroachments and any other feature shown on the Exhibit to this Agreement. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Department of Public Utilities Engineering Division. 5 It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, N. E. Rondorf and Cheryl K. Rondorf, trustees, of the Rondorf Family Living Trust, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH gy (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2014, by 7 CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of ? , 2014, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) 7 The Rondorf Family Living Trust n "'? ? =Z? ?' Cl S T?r=-?; B Y N. E. Rondorf, Trustee , ? ,? ??? ? 1 { -?•'" By ? 1?..1C? L?? L/?' Li?t•? C..???-C_-C'.-?. ? t Cheryl K:'Rondorf, Trustee , STATE C?F CITY/CE4:?OF to-wit: <.? The foregoing instrument was acknowledged before me this day of _??Ic_t k2014, by N. E. Rondorf, Trustee, on behalf of The Rondorf Family Living Trust. n SEAL) Notk y Public IVotary Registration Number: _3n4UIC) JOANNE K BERRY My Commission Expires Norarypublic CommonweaIth of Virgini2 304820 A4y Carnmisslon Explres Dec. 31]2018 STATE OF cIO _ q??i_??__??;?, to-wit: V ? The foregoing instrument was acknowledged before me this day of i?+? `0_ __, 2014, by Cheryl K. Rondorf, Trustee, on behalf of The Rondorf Family Living Trust `? ALI N ta Public Notary Registration Number: _50`t%D- C" JOANNE K BERRY My Commission Expires: Notary Public Commonwealth of Virginia 304820 [My Commission Expires Dec. 31, 2018 81 APPROVED AS TO CONTENTS 1 SkNATURE F'i'L' - Kc-(J rafc+?- DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION APPROVED AS TO LEGAL SUFFICIENCY AND FORM .?.R HARMEYER, D14NP ASSOCIATE CITY ATTORNEY 9 APO #z WEST OSBORN COVE N/r CI71' OF VIRGINIA BEACH PROPOSED 8'x12' FLMTING DOCK, 4'x4' FlXED ACCE?$S PIER, AND 4'x5' aLuMiNUM cANcwaY N PROPOSED 255 L.F. ; RIPRAP REVETMENT „... . EX. BULKHEq INSTALL CHANNEIWARD OF EX. . W . . . . - . - ?._ TIMBER BULKHEAD .. . . .- , W W . . . • . 4 ?? y .. . ?•oo" ? ' ;,.??? . ?rt ?` . ? . ` . ` . ? . . .. ? ? ? _ . . . . .oo . _... e ? LOT 28 N/f RNAL TRUSi SERIE$ CPM: 1 498 98 6234 A ? d' ? N.B. 43 PG. 28 N S?. OHW RFACHES EX. S STIMBER BULKHEAD 00F o / INC tOPE y ,. ? 71(1 8F` ?, + ? V aRr?p t ?nos?r? etIttot ?nT ti SHED y AREA a crava. LFAF UrtER AND O PN1f NFEDlFS O O 2424 PWEUND UNE '. M LOT 29 . PINEIAND LANE - (M.B. 43, PG. 28) • ° Lor 52 • CONCREIE' N/r wArtoLo s.?nn GPIM: 1488 98 7536 - DRNEWAY; , TURF isis %wMNO uNe iURF ° . 0. p. B?tJf?FE?RMtNtXU•t ?5FP1JUN?: R-5 0 . w A=79. ya CANOPY TREES: ?j, (B) BAID CYPR£S5 lURF ' UNDERSTORY TREES: P/N?L,aND BUFFER REO'D: 251.0'xt5'=3,765 SF (B NATCHEZ CREPE MYRTlES ?Vtr . BUFFER PROViOED: 3,725 SF (6; BLOODGOOD JAPANESE IAAPLE 50 ? b/? ?'f/`L, P9,? DIfFERENCE: 640 Sf ?? 0 ?J PW (F) (24) SHRU85 TO 8E PIANTED AMONG ?S OSTHE TREES AND THROUGHOUT iHE 00, S? '• BUFfER AREA THAT WILL K, ARCHITECTURALLY BLEND WITH THE - ? SPECIES OF TREES PLNlTED pLl H 39•35' ?? OF MISC. GROUNO COVER, ORNAMEMAL-GRASSES 6c PERENNIAL PLANTS 0 RICHARD T. BART.ETT D Lic. No. 18335 ? JULY 24, 2013 ? ? 0 30' so' cl)?`'F SS/ONAL i" = 30' EXHIBIT "A" - ENCROACHMENT REQUEST GPiN: 1498-98-6442 FOR zoNING: R-20 NEIL RONDORF ENCINEERING SERVICES PRONDED 8Y: PROFESSIONAL CONSTRUCTION CONSULTANTS, LLc. JULY 24, ZO?3 SHEET ? OF ? PHONE: (757) 773-8084 ENNL: RICKOPCC-LLC.CON CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of a variable width canal on City property known as Harbor Canal located at the rear of 2320 Spindrift Road, for property owners Thomas E. Drinkard and Colleen H. Drinkard MEETING DATE: April 22, 2014 ¦ Background: Thomas E. Drinkard and Colleen H. Drinkard have requested permission to maintain an existing 8' X 16' floating dock, bulkhead, 7' X 17' wharf, a 12' X 12' boatlift, to construct and maintain 141' vinyl sheetpile bulkhead and to reconstruct an existing 10' x 20' wharf and remove existing mooring pile into City property known as Harbor Canal, located at the rear of 2320 Spindrift Road. There are similar encroachments in Harbor Canal, which is where Mr. & Mrs. Drinkard have requested to encroach. ¦ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environment and Sustainability Office. Staff is of the professional opinion that the establishment of a 15-foot-wide vegetated riparian buffer area cannot be established on the property. Therefore, the applicant shall make a SIX HUNDRED EIGHTY-SIX DOLLAR ($686.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the riparian buffer area that cannot be established on the applicant's property. This payment will be used to restore buffer areas on other City-owned property. ¦ Public Information: Advertisement of City Council Agenda ¦ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ¦ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ¦ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate City Manager: ?? I V I l lU " w ? ? LL 0 ? ?.? ? ? tA Z W ? a a ? ? a ULI = M Z ~ WW W O O W J LL J ? o a = O N o a ? ? J 0 a: Ld V cn Z Q W ? O H a Q ?'P m O ?'a W Y Q IL 0 ?o .?' ' ? -o x E F? ? W ? C7 z ? ? 0 0 ? 0 N M N ? Q Q ? ? E--? ? ? Q z ? a ? H ? ¢ w c? z ? ? 0 0 ? N M N ? Q ? w ? a Q z ? a ? , r .n k'-,° ` \ •?.+ : r? F1 1. . 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF A VARIABLE 6 WIDTH CANAL ON CITY PROPERTY 7 KNOWN AS HARBOR CANAL s LOCATED AT THE REAR OF 2320 9 SPINDRIFT ROAD, FOR PROPERTY lo OWNERS THOMAS E. DRINKARD 11 AND COLLEEN H. DRINKARD 12 13 WHEREAS, Thomas E. Drinkard and Colleen H. Drinkard desire to maintain an 14 existing 8' X 16' floating dock, bulkhead, 7' X 17' wharF, a 12' X 12' boatlift, to construct 15 and maintain 141' vinyl sheetpile bulkhead and to reconstruct an existing 10' x 20' wharf 16 and remove existing mooring pile, into City property known as Harbor Canal located at 17 the rear of 2320 Spindrift Road, in the City of Virginia Beach, Virginia; and ls 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 City's property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Thomas E. Drinkard and 27 Colleen H. Drinkard, their heirs, assigns and successors in title are authorized to 28 construct and maintain temporary encroachments for an existing 8' X 16' floating dock, 29 bulkhead, 7' X 17' wharf, a 12' X 12' boatlift, to construct and maintain 141' vinyl 30 sheetpile bulkhead and to reconstruct an existing 10' x 20' wharf and remove existing 31 mooring pile into City property as shown on the map marked Exhibit "A" and entitled: 32 "EXHIBIT A PROPOSED ENCROACHMENT OF BULKHEAD, DOCK & WHARF IN 33 HARBOR CANAL DATE: MARCH 3, 2014 SCALE: 1" = 30' SHEET 1 OF 1," a copy of 34 which is on file in the Department of Public Works and to which reference is made for a 35 more particular description; and 36 37 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 38 subject to those terms, conditions and criteria contained in the Agreement befinreen the 39 City of Virginia Beach and Thomas E. Drinkard and Colleen H. Drinkard (the 40 "Agreement"), which is attached hereto and incorporated by reference; and 41 42 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 43 hereby authorized to execute the Agreement; and 44 45 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 46 time as Thomas E. Drinkard and Colleen H. Drinkard and the City Manager or his 47 authorized designee execute the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 50 of , 2014. CA-12741 R-1 PREPARED: 3/27/14 APPROVED AS TO CONTENTS ? t.UUslL S NATURE APPROVED AS TO LEGAL SUFFICIENCY AND FORM D4NA,W HARMEYER, -° SSOCIATE CITY ATTORNEY AlDli'Ll' 7, c?Olq DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 4th day of April, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THOMAS E. DRINKARD and COLLEEN H. DRINKARD, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 233"; as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale: 1" = 100' October, 1958, prepared by FRANK D. TARRALL, JR. and ASSOCIATES SURVEYORS & ENGINEERS, NORFOLK, VA. - VIRGINIA BEACH, VA. - PRINCESS ANNE COURTHOUSE, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2320 Spindrift Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing 8' X 16' floating dock, bulkhead, 7' X 17' wharf, a 12' X 12' boatlift, to construct and maintain 141' vinyl sheetpile bulkhead and to reconstruct an existing 10' x 20' wharf and remove existing mooring pile, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN: (NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS HARBOR CANAL) 2409-09-3756-0000; (2320 Spindrift Road) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of a variable width canal on City property known as Harbor Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A PROPOSED ENCROACHMENT OF BULKHEAD, DOCK & WHARF IN HARBOR CANAL DATE: MARCH 3, 2014 SCALE: 1" = 30' SHEET 1 OF 1," prepared by DAVID KLEDZIK, PROFESSIONAL ENGINEER for MARINE ENGINEERING, VIRGINIA BEACH, VA, " a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, 2 and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a SIX HUNDRED EIGHTY-SIX DOLLAR ($686.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the typically required 15-foot-wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what 4 would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Thomas E. Drinkard and Colleen H. Drinkard, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH gy (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2014, by 7 CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2014, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By STATE OF VrK. C i w 114 CITY/ 1(, vt. c,vQi?4 ???'K"??, to-wit: Thomas E. Drinkard, Owner gy Colleen H. Drinkard, Owner ? The foregoing instrument was acknowledged before me this y r day of AD2l C , 2014, by Thomas E. Drinkard. Notary Registration Number: a lp A Q 3 U (SEAL) Notary Public My Commission Expires: la - 4 QjS KRISTAL M. JOHNSON NOTARY PUE3LIC Commonwealth of Virginia Reg.#262g30 My Commission Expires Dec. 31. 2015 STATE OF V, K,Co 1 rJ f 14 C ITY/C-?NZP4.4F i k.G, ;?W fdOIC ff, to-wit: y' rH The foregoing instrument was acknowledged before me this day of 4 odNt.`C , 2014, by Colleen H. Drinkard. Notary Registration Number: 2 (,o,,2 <j3 U My Commission Expires /a? - 3 l `? - ?CF/ A ? (SEAL) Notary Public KRISTAL M. JOHNSON NOTARY PUBLIC Commonwealth of Virginia Rcy. #262930 My Commission Expires Dec. 31. 2015 m 7 APPROVED AS TO CONTENTS , iTt?t ? C , ?Y u? ???1 S NATURE 0,Dq--?j -7, 2 o1q DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION APPROVED AS TO LEGAL SUFFICIENCY AND FORM , DA IATE CITY ATTORNEY 8 BAY IStAND SEC 2lOT 222 NIF AMIELA KATTAN BAY ISLAND SEC 2 LOT 221 AsLTH OFr, 2333 LEEWARD SHORE OR N/F TODD HOLLOWELL 1?Y Y 8AY ISIAND SEC 2 LOT 220 GPIN # 2500 00 2040 DOC# 20101018007101780 2329 LEEWARD SHORE DR NIF PAUL E DICKSON MB 48 PG 15 GPIN # 2409 093968 O Gy 2325 LEEWARD SHORE DR DOC#20080326000338510 GPIN it 2409 095 9160 MB 46 PG 15 DB 4187 PG 136 KLEDZIK ~ MB 48 PG 15 ? . ? FAR SIDE OF CANAL 1 .- ?,??YV/+-7 HAS BULKHEAD AND W ? . NO. Va74 IMPROVEMENTS FOR ACCESS 3/ 3 /20 14 HARBOR CANAL 0, ? S?ONAL ? CANAL CENTER LINE - ? - ? - - - - - - - - - - - - - - - - - - - - - EXISTING MOORING PILE TO BE REMOVED ? 68' EXISTING 12'X12' BOATLIFT EXISTING 8'X16' PLOATING DOCK TO REMAIN IN PLACE - CANAL EXISTING TXi T WHARP TO REMAIN IN PLACE SPAN TO REMAIN IN PLACE EXISTING BULKHEAD I PROPOSED 141' VINYL OTHERS ? SHEETPILE BULKHEAO EXISTING a F BULKHEAD OTHERS EXISTING BULKHEAD MEAN HIGH WAlER 8 MEAN LOW WATER LEVEL AT EXISTING BULKHEAD w z PROPERTY LINE _ f 6020' S 78°25'04"E PROPERTY LINE BULKHEAD TIEDOWN 1 2 A 85' 121' B 80' 102' C 77' 83' D 82' 66' E 142' 60' A-B 20' 8-C 20' C-D 20' D-E 81' 1 ? 6' 2 3 #2320 79.00' S 88°56'41" E • t BAY ISLAND SEC 2 LOT 232 NIF DANTE BARAL 2324 SPINDRIFT RD GPIN # 2409 09 2717 DOC#20121031001265750 MB48PG15 PIN (F) PROPERTY LINE BAY ISLAND SEC 2 LOT 233 NIF THOMAS DRINKARD 2320 SPINDRFIT RD GPIN # 2409 09 3756 D8 4714 PG 619 M8 48 PG 15 L-130.00' --- 723' TO LEEWARD SHORE DR 10' 0'. .10' 20' 40' . SCALE:1' = 30' .ICATION FOR ENCROACHMENT iOMAS DRINKARD 520 SPINDRIFT RD RGINIA BEACH, VA 23451 R=2361.59' SPINDRIFT ROAD EXHIBIT A PROPOSED ENCROACHMENT OF BULKHEAD, DOCK & WHARF IN ? ? a 6 i ? I I •I ? t j?• a ? PIN (F) ? PROPOSEDRECONSTRUCTION I OF EXISTING 10'X20' WHARF PROPERN LINE BAY ISLAND SEC 2 LOT 234 NIF VIRGINIA POYET 2316 SPINDRIfT RD GPIN # 2409 094 7860 DB 2168 PG434 MB 48 PG 15 .?, ,,,.", 1ARINE ENGINEERING 297 BRADDOCK AVE 'IRGINIA BEACH, VA 23455 ;HEET 1 OF 1 iATE: MARCH 3, 2014 3' :T 4 4 CITY OF VIRGINIA BEACH AGENDAITEM ITEM: A Resolution to Approve Establishment of Reliance Medical Transport LLC in Virginia Beach and to Approve an Annual EMS Permit for Providing Private Ambulance Services MEETING DATE: April 22, 2014 ¦ Background: Code of Virginia Section 15.2-955 requires City Council to approve, by resolution, the establishment of any emergency medical service organization wishing to operate in the City of Virginia Beach. Further, Code of Virginia Section 32.1-111.14 and City Code Section 10.5-2 require such organizations to obtain an annual permit authorizing its operation. The annual permit may only be granted by City Council. ¦ Considerations: Reliance Medical Transport's application for the operation of a private EMS agency was processed by the Department of Emergency Medical Services. The Department of Emergency Medical Services is recommending approval of both the establishment and operation of Reliance Medical Transport LLC in Virginia Beach as necessary to assure the provision of adequate and continuing emergency services and to preserve, protect and promote the public health, safety and general welfare. If granted, this permit shall be effective immediately and until June 30, 2014. The City Code provides that permits shall be vatid until June 30th, regardless of when they are issued. If the applicant remains in compliance and seeks renewal, the applicant's renewal request will be included with all of the other permit renewals, which are brought to City Council for its consideration each June. ¦ Public Information: Public information will be handled through the normal agenda process. ¦ Recommendations: Approve Resolution. ¦ Attachments: Resolution. Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services -2?5 City Manage l.? ? ? r?; ,\?"`1 V 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF 2 RELIANCE MEDICAL TRANSPORT LLC IN VIRGINIA BEACH 3 AND TO APPROVE AN ANNUAL EMS PERMIT FOR 4 PROVIDING PRIVATE AMBULANCE SERVICES 5 6 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must 7 approve the establishment of an emergency medical service organization in the City of 8 Virginia Beach; and 9 10 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 11 10.5-2 , any individual or organization that desires to operate an emergency medical 12 services agency or emergency medical services vehicles in Virginia Beach for emergency 13 transport or non-emergency transport purposes must apply for a permit; and 14 15 WHEREAS, a request for establishment and an application for a permit has been 16 received from Reliance Medical Transport LLC; and 17 18 WHEREAS, this request and application has been recommended for approval by 19 the Virginia Beach Department of Emergency Medical Services; and 20 21 WHEREAS, City Council finds the approval of this request and application is in the 22 best interests of the citizens of Virginia Beach as it will assure continued and adequate 23 emergency services and will preserve, protect and promote the public health, safety and 24 general welfare of the citizens. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the request of Reliance Medical Transport LLC for the establishment of its 30 emergency medical service in the City of Virginia Beach, and its application for an annual 31 EMS permit for providing private EMS ambulance services in the City of Virginia Beach is 32 hereby approved and granted, effective immediately and until June 30, 2014. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 35 , 2014. APPROVED AS TO CONTENT: rgency Medical Services APPROVED AS TO LEGAL SUFFICIENCY: ? City A ey's ffice CA12987 R-1 April 7, 2014 fo? ?T , { =?? CITY OF VIRGINIA BEACH . AGENDA ITEM . ITEM: An Ordinance to Accept and Appropriate Funds to Purchase Equipment and Medical Supplies MEETING DATE: April 22, 2014 ¦ Background: The General Assembly established the Four-for-Life program for the purpose of providing financial assistance to volunteer rescue squads and municipal EMS agencies. As required by Virginia Code 46.2-694, the Four-for-Life program collects four additional dollars on each state automobile license purchased annually. Twenty five percent of these funds collected are returned to the municipality for enhanced training and equipment. By the end of FY 2012-13, the Virginia Department of Health/Office of Emergency Medical Services provided the City's Department of Emergency Medical Services an additional $101,938 in Four-for-Life funds. The Department of Emergency Medical Services recommends using this State revenue to purchase additional equipment and supplies to enhance rescue/medical capabilities that will be shared with volunteer rescue squads, career medics, and firefighters. Examples of items to be purchased include oxygen filling stations for several rescue squad stations, portable radios, medical supplies, and automated external defibrillators. ¦ Considerations: These funds are strictly governed by law and must be used to purchase additional or enhanced equipment or for training needs. These funds may not be used to offset current services. In order to utilize the funds in time to meet the State's expenditure reporting requirements, the funds need to be accepted from the State and appropriated before June 2014. ¦ Public Information: Public information will be provided through the normal Council Agenda process. Funding distributions are announced in the Virginia Department of Health/Office of Emergency Medical Services and Tidewater Emergency Medical Services, Inc. newsletters. ¦ Recommendations: Adopt the attached budget amendment. ¦ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services? City Manager: I t 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS TO PURCHASE EQUIPMENT AND MEDICAL SUPPLIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $101,938 is hereby accepted from the Virginia Department of Health, Office of Emergency Medical Services, and appropriated, with estimated state revenues increased accordingly, to the FY 2013-14 Operating Budget of the Department of Emergency Medical Services to purchase additional rescue equipment and medical supplies. 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: c 0, udget and Management Service APPROVED AS TO LEGAL SUFFICIENCY: ,..?- , City Rttorn s ffice CA12933 R-1 March 31, 2014 . r ?Ni??At• t? .°°r'.?,.°''^'z. ,?• ?. 1• +? CITY OF VIRGINIA BEACH _ AGENDA ITEM J ITEM: An Ordinance to Transfer Funding within the FY 2013-14 Schools Operating Budget MEETING DATE: April 22, 2014 ¦ Background: At its April 1 St meeting, the School Board adopted a resolution requesting that City Council approve a transfer from various classifications to the technology classification. All of the impacted classifications are within the School Operating Fund (Fund 115). Because the requested transfers are between the major classifications, City Council approval is required. ¦ Considerations: The School Board's resolution requests the following transfers, totaling $1,238,856: o$992,283 from Instruction to Technology; o$243,408 from Transportation to Technology; and o$3,165 from the Operations and Maintenance to Technology. The Schools budget remains balanced, and this transfer will not change total appropriations for Fiscal Year 2013-14. The purpose of the transfer is to enable purchases of computers, monitors, printers, iPads, laptops, laptop carts, scanners, software and software upgrades, multifunctional devices, and computer supplies. ¦ Public Information: Information will be communicated to the public through the normal Council agenda process. ¦ Attachments: School Board Resolution; Ordinance Submitting Department/A ency: Virginia Beach City Public Schools --.. City Manager: 5 1 p ? H E A D d F T H E C U R Y E School Board of the City of Virginia Beach 2512 George Mason Drive P.O. 8ox 6038 Vrginia Beach, VA 23456-4038 (757) 263-1016 wuvw.vbschcols.camischoolbaard Sheila S. Magula, Ed.D., Superintendent Daniei D. "Dan" Edwards, Chairman District 2 - Kempsville Wil(iam d"Bi{i" Brunke, N, Vice-Chairman District 7 - Princess i4nne 8everly M. Anderson, At-large Emma L. "Em" Davis, District 5- Lynnhaven Dorathy M. "Dottie" Hottz, At-Large Joel A. McDonaid, District 3- Rose Nail Robert N. "Bobby" Metatti, At-large Samuel G. "Sam" Reid, District 6- Beach Elizabeth E. Taylor, At-Large Leonard C. 7engca, District 1- Genferoilie Garolyn D. Weems, District 4- Bayside RESOLUTION REGAROING FY 2013-14 BUDGET AND REQUEST FOR CATEGORICALjFUND TRANSFERS WHEREAS, the City of Virginia Beach, Virginia's adapted Budget Ordinance far the current fiscal year apprapriated funds to the School Board af the City af Virginia Beach, Virginia by major Categary; and WHEREAS, the Code of Virginia §22.1-115, as amended, requires that technotogy-related expenditures be made in a separate Fund or Category; and WHEREAS, the School Administration has determined that a number of schaalsjdepartments have technology-related spending needs that require categorical/fund transfers ta enable purchases such as: computers, manitars, printers, iPads, iPad carts, laptops, laptop carts, scanners, software and saftware upgrades, muttifunctional devices and computer supplies; and WHEREAS, the following budget transfers are recammended by the School Administration: • Total af $992,283 from Operating Fund 115 - Instruction to Operating Fund 215 - 7echnalogy • Total of $243,408 from Operating Fund 115 - Transportation to Operating Fund 115 - Technolagy • Total af $3,265 from Operating Fund 115 - Operatians and Maintenance to Operating Fund 115 - Technolagy; and WHEREAS, these transfers are aiso necessary to apprapriately expense and account for these expenditures; and WHEREAS, transfers between categoriesjfunds must be approved by the City Councii prior to expenditure of such funds by the School Board. NOW, THEREFORE, BE IT RESOLVED: 7hat the School Board approves and affirrns the above listed recommended uses of these funds; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the budget categarieal/funds transfers shown above; and be it FlhIALLY RE50lVED: That a copy of this Resolution be spread across the official minutes af this School Board, and the Clerk of the School Board is directed to deliver a copy af this Resolution to the Mayor, each member of the City Cnuncil, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 2n day of Apri12014 S E A L ATTEST: ?-- Danie! D. Edwards, Chairman Dianne P. Alexander, Clerk of the Board 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO TRANSFER FUNDING WITHIN THE FY 2013-14 SCHOOL OPERATING BUDGET WHEREAS, the School Board requests, by resolution adopted April 1, 2014, a transfer of funds from various classifications to the technology classification to purchase computers, monitors, printers, iPads, iPad carts, laptops, laptop carts, scanners, software and software upgrades, multifunctional devices, and computer supplies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $1,238,856 is hereby transferred within the FY 2013-14 Schools Operating Budget (115 Fund) in the amounts set forth below: 1. $992,283 from the Instruction Classification to the Technology Classification; 2. $243,408 from the Transportation Classification to the Technology Classification; 3. $3,165 from the Operations and Maintenance Classification to the Technology Classification. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12014. APPROVED AS TO CONTENT ? S OA. Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY: F Cit y' Office CA12986 R-1 April 2, 2014 ? S? aJ C ? CITY OF VIRGINIA BEACH AGENDAITEM ITEM: An Ordinance to Transfer Funds within the Sheriff's Office Operating Budget for the Purpose of Funding 3.9 part-time FTEs to Address Workload Demands MEETING DATE: April 22, 2014 ¦ Background: Over the last several years, the State Compensation Board reduced staffing by a total of 18 FTEs. In an effort to offset this staffing reduction, the Sheriff's Office utilizes part-time staff to maintain operations and meet the service demands. Existing part-time positions have moved to field operations and now function as courtroom screeners as well as rotating between job functions within Correctional Operations. ¦ Considerations: The Sheriff's Office has determined the addition of 3.9 part- time FTEs would provide adequate support to service needs in the field and address work issues. These positions will be funded through the reallocation of $170,000 in existing appropriations within the Sheriff's Office FY 2013-14 Operating Budget and require the City Council increase the Sheriff's FY 2013-14 FTE count by 3.9. ¦ Public Information: Public information will be handled through the normal Council Agenda notification process. ¦ Recommendations: Approve the attached ordinance to transfer funds and authorized 3.9 FTEs. ¦ Attachment:Ordinance Submitting Department/Agency: Kenneth W. Stolle, Sheriff/High Constable City Manager: L " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE SHERIFF'S OFFICE OPERATING BUDGET FOR THE PURPOSE OF FUNDING 3.9 PART-TIME FTES TO ADDRESS WORKLOAD DEMANDS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $170,000 is hereby transferred within the FY 2013-14 Operating Budget of Sheriff's Office to provide additional part-time positions to address workload demands; and 2. That the Sheriff's Office position total is hereby increased by 3.9 part-time positions to address workload demands. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2014. Approved as to Content: ? L o,; Management Services Approved as to Legal Sufficiency: ? ?. e, s O ice CA12988 R-1 April 10, 2014 J. PLANNING 1. Applications of the CITY OF VIRGINIA BEACH to AMEND, REPEAL and ADD to the City Code re Stormwater Management a. Appendix F(Chesapeake Bay Preservation Area Ordinance) b. Appendix B (Subdivision Regulations) c. Appendix C(Site Plan Ordinance) d. Civil Penalties re Land Disturbing Violations e. Chapter 30 (Soil Removal and Other Land Disturbing Activities) re Virginia Code Revisions f. Appendix G(Southern Watersheds Management Ordinance) g. Repeal Appendix D and ADD a new Appendix D re Stormwater Management RECOMMENDATION APPROVAL 2. Application of KAREN C. DALESANDRO for a Conditional Use Permit re a Child Daycare Home at 3705 Joppa Lane DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL Application of JUDY STUVER and DOUG and JUDY STUVER for a Conditional Use Permit for a Child Daycare Home at 1085 Tolstoy Court DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of ENTERPRISE LEASING COMPANY OF NORFOLK and SISTERS II, LLC for a Conditional Use Permit re motor vehicle rentals at 2428 Princess Anne Road DISTRICT 7- PRINCESS ANNE [Courthouse Historical and Cultural District] RECOMMENDATION APPROVAL Applications of NEW CINGULAR WIRELESS PCS, LLC and CYPRESS POINT ENTERPRISES, INC. at 5340 Club Head Road DISTRICT 4 - BAYSIDE a. Conditional Change of Zonin&from Conditional PD-1-12 Planned Development to Conditional P-1 Preservation District b. Conditional Use Permit for a communication tower RECOMMENDATION APPLICANT REQUESTS DEFERAL TO JUNE 17, 2014 6. Application of MOORE FARM, LLLP for a Conditional Change of Zoning from B-lA Limited Community Business to Conditional B-2 Community Business re a restaurant with a drive- through at 925 Diamond Springs Road DISTRICT 2- KEMPSVILLE RECOMMENDATION APPROVAL 7. HISTORIC KEMPSVILLE MASTER PLAN AREA: DISTRICT 2 - KEMPSVILLE a. AMEND, DELETE Appendix 3 and REVISE the text of the Plan re drive-through facilities, b. AMEND Section 901 of the City Zoning Ordinance (CZO), re Drugstores with drive- through facilities in the B-4K Historic Kempsville Area Mixed-Used District, to ADD Standards for Drugstores with drive-through facilities in the B-4K Historic Kempsville Area Mixed-Used District and to AMEND Section 2003 to ADD drive-through Drugstore facilities as a Conditional Use in the B-4K Historic Kempsville Area Mixed-Used District c. Conditional Use Permit (City and S.L. Nusbaum) for a drive-through Drugstore at Princess Anne and South Witchduck Roads d. Street Closures - Unimproved portions of right of ways (1) Singleton Way (formerly Princess Anne Road) [two (2) different parcels] (2) Singleton Way (formerly Princess Anne Road) and South Witchduck Road (formerly Kempsville Road) RECOMMENDATION APPROVAL yyu*<"'8'ac ?o .? c ;, •,a?.: ?? a3 NOTICE OF PUBLIC HEARING The regular meetmg of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building. Municipal Center. Virgmia Beach, Virginia, on Tuesday, April 22, 2014, at 6:00 P.M., at which time the following applications will be heard: CIN OF VIRGIN IA BEACH - STORMWATER MANAGEMENT AMENDMENTS: A. Ordinance to Amend Sections 2-275, 2-258, and 2-388 of the Ciry Code Pertainingto Civil Penalties for Land Disturbing Violations. 6. Ordinance to Amend Sections 30-57, 30-58, 3461, and 30-71 of Chapter 30 (Soil Removal and Other Land Disturbing Activities) of the City Code Pertaining to Stormwater Management Virginia Code Revisions. C. Ordinance to Amend the City Code, Appendix F, (Chesapeake Bay Preservation Area Ordinance), Sections 102, 106, 107 and 109 Pertainingto Stormwater Management. D. Ordinance to Amend the City Code, Appendix G(Southern Watersheds Management Ordinance) Sections 7 and 8 Pertaining to Stormwater Management. E. Ordinance to Amend [he City Code, Appendix B(Subtlivision Regulations) Sections 4.2, 5.5, 6.1, 7.1, 7.7, and 8.1 Pertaining to Stormwater Management. F. Ordinance to Amend the City Code, Appendix C(Site Plan Ordinance) Sections 3, 4, and 7 Pertaining to Stormwater Management. G. Ordinance to Repeal Appendix D of the City Code, (Stormwater Management) and Adtling a new Appendix D of the City Code (Stormwater Management) Pertaining to the Purpose and Authority, the Establishment of fhe Stormwater Management Program, Definitions, Applicability and Exemptions, Submission and Approval of Plans, Content of Stormwater Management Plans, Review of Plans, Content of Stormwater Pollution Prevention Plans, Content of Pollution Prevention Plans, Water Quality Design Criteria, Water Quality Compliance, Water Quantity, Offsite Compliance, Design Storm and Hydrologic Methods, Stormwater Harvesting, Linear Design Projects. Stormwater Management Plans, Grandfather Provisions, Variances, Technical Criteria for Projects not Governed by the New Criteria, Long Term Maintenance, Monrtoring and Inspections, Hearings, Appeais, Enforcement, Fees. Performance Bonds, Standards and Specifications, Severability, and Effective Date. DISIRICT 7 - PRINCESS ANNE Karen C. Dalesandro Application: Gonditional Use Permit for a Family [Chiid] Daycare Home with a maximum of 12 children at 3705 Joppa Lane (GPIN 1484294709). Judy Stuver Application: Cnndirinnal Use Permit for a Famiy [Child] Daycare Home with a maximum of 12 children at 1085 Tolstoy Court (GPIN 2415714607). Enterprise Leasing Company of Norfolk Application: Conditional Use Permft for motor vehicle rentals. 2428 Princess Anne Road (GPIN 1494920986). DISTRICT 2- KEMPSVILLE MOORE FARM, LLLP Application: Conditional Change of Zonine, B-1A Limited Community Business to Conditional B-2 Community Business. Proposal is to use a portion of the building for a restaurant with a drive-through. 925 Diamond Springs Road (GPIN 1468357321). DISTRICT 4 - BAYSIDE NEW GNGULAR WIRELESS PCS, LLC Application: Condifional Chanee of Zonini4, Conditional PD-1-12 Planned Development [P-1 Preservation] to Conditional P-1 Preservation District. CondiUOnal Use Permit for a Communication Tower. 5340 Club Head Road (GPIN 1468684239). All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at r i ,, E_r.;. For information call 385-4621. If you are physicaly disabled or visualy Impaired and need assistance at this meeting, please cau the CITY CLERK'S OFFlCE at 385-4303. Beacon April 6& 13, 2014 24010889 H` (? .,. .. ?? ?. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - STORMWATER MANAGEMENT AMENDMENTS Ordinances ReQUirina Plannina Commission action: A. An Ordinance to Amend the City Code, Appendix F, (Chesapeake Bay Preservation Area Ordinance), Sections 102, 106, 107 and 109 Pertaining to Stormwater Management. B. An Ordinance to Amend the City Code, Appendix B(Subdivision Regulations) Sections 4.2, 5.5, 6.1, 7.1, 7.7, and 8.1 Pertaining to Stormwater Management. C. An Ordinance to Amend the City Code, Appendix C(Site Plan Ordinance) Sections 3, 4, and 7 Pertaining to Stormwater Management. Ordinances ReQUirinq Citv Council action, but not Planninp Commission action: D. An Ordinance to Amend Sections 2-275, 2-288, and 2-388 of the City Code Pertaining to Civil Penalties for Land Disturbing Violations. E. An Ordinance to Amend Sections 30-57, 30-58, 30-61, and 30-71 of Chapter 30 (Soil Removal and Other Land Disturbing Activities) of the City Code Pertaining to Stormwater Management Virginia Code Revisions. F. An Ordinance to Amend the City Code, Appendix G(Southern Watersheds Management Ordinance) Sections 7 and 8 Pertaining to Stormwater Management. G. An Ordinance to Repeal Appendix D of the City Code, (Stormwater Management) and Adding a new Appendix D of the City Code (Stormwater Management) Pertaining to the Purpose and Authority, the Establishment of the Stormwater Management Program, Definitions, Applicability and Exemptions, Submission and Approval of Plans, Content of Stormwater Management Plans, Review of Plans, Content of Stormwater Pollution Prevention Plans, Content of Pollution Prevention Plans, Water Quality Design Criteria, Water Quality Compliance, Water Quantity, Offsite Compliance, Design Storm and Hydrologic Methods, Stormwater Harvesting, Linear Design Projects, Stormwater Management Plans, Grandfather Provisions, Variances, Technical Criteria for Projects not Governed by the New Criteria, Long Term Maintenance, Monitoring and Inspections, Hearings, Appeals, Enforcement, Fees, Performance Bonds, Standards and Specifications, Severability, and Effective Date. MEETING DATE: April 22, 2014 CITY OF VIRGINIA BEACH - STORMWATER Page2of3 ¦ Background: The adoption of a local stormwater management ordinance by Virginia localities with MS4 permits is mandatory under the Virginia Stormwater Management Act (Act). The Act and the corresponding Stormwater Management Regulations (9VAC25-870-10 et seq.) delegate responsibility for stormwater management to such localities in the Commonwealth, and thus to the City, for plan reviews and inspections related to the `General Virginia Stormwater Management Program (VSMP) Permit for Discharges from Construction Activities,' and the state retains responsibility for issuance of coverage under the General Permit to operators (land disturbers). This delegation will be effective July 1, 2014, which coincides with the effective date of the new General Permit. Currently, the Virginia Department of Environmental Quality (DEQ) perForms all functions related to the General Permit. The City's current responsibility related to the General Permit is to inform DEQ when the City has issued permits for land disturbing activity. ¦ Considerations: Pursuant to the Code of Virginia § 62.1-44 15:24 et seq., the proposed ordinance amendments establish a Virginia stormwater management program for land- disturbing activities and adopts the applicable regulations that specify standards and specifications for VSMPs as promulgated by the Virginia State Water Control Board. The proposed amendments are part of an initiative to integrate the existing City of Virginia Beach stormwater management requirements into a unified stormwater program. The proposed stormwater management program is intended to facilitate the submission and approval of plans, issuance of permits, payment of fees, and coordination of inspection and enforcement activities into a more convenient and efficient manner for both the City of Virginia Beach and those responsible for compliance with these programs. The primary regulations for the new stormwater management program will be in the amended Appendix D of the City Code, entitled `Stormwater Management.' Additional regulatory components of the program will consist of amendments to Chapters 2 and 30 of the City Code, the Southern Watersheds Management Program, Chesapeake Bay Preservation Ordinance, Subdivision Ordinance, and Site Plan Ordinance. A recommendation to the City Council from the Commission is required only for the proposed amendments to the Chesapeake Bay Preservation Ordinance, Subdivision Ordinance, and Site Plan Ordinance. Comments within the various ordinances summarize the purpose of each of the changes. There was no opposition to the proposed amendments. The attached Stormwater Management Ordinance includes revisions required by the adoption of Senate Bill 423 by the General Assembly and the revisions noted by DEQ after the submission of the initial draft ordinance. It also includes the CITY OF VIRGINIA BEACH - STORMWATER Page3of3 expansion of the Stormwater Appeals Board to include three (3) citizen members appointed by City Council, as requested by the Planning Commission. The legislation changes include the ability of detached single-family dwellings to execute an agreement in lieu of a stormwater plan, and to clarify that an individual lot in a common plan of development (subdivision) is required to comply with the stormwater requirements of the common plan. The amendments from the DEQ review were minor and included clarification of references to the general permit. ¦ Recommendations: By a vote of 10-0, the Planning Commission recommended approval of the amendments to the Chesapeake Bay Preservation Ordinance, Subdivision Ordinance, and Site Plan Ordinance to the City Council. The remaining ordinances in this package of amendments were also reviewed by the Planning Commission, as each is integral to the full program. ¦ Attachments: Minutes of Planning Commission Hearing Ordinances Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department n City Manage ? V Item #7 City of Virginia Beach - Stormwater Management Amendments February 12, 2014 REGULAR Ordinances Requiring Planning Commission Action A. An Ordinance to Amend the City Code, Appendix F, (Chesapeake Bay Preservation Area Ordinance), Sections 102, 106, 107 and 109 Pertaining to Stormwater Management. B. An Ordinance to Amend the City Code, Appendix B(Subdivision Regulations) Sections 4.2, 5.5, 6.1, 7.1, 7.7, and 8.1 Pertaining to Stormwater Management. C. An Ordinance to Amend the City Code, Appendix C(Site Plan Ordinance) Sections 3, 4, and 7 Pertaining to Stormwater Management. Ordinances Provided For Information and Reference (Planning Commission action not re uired D. An Ordinance to Repeal Appendix D(Stormwater Management) of the City Code. E. An Ordinance to Amend Sections 2-275, 2-288, and 2-388 of the City Code Pertaining to Civil Penalties for Land Disturbing Violations. F. An Ordinance to Amend Sections 30-57, 30-58, 30-61, and 30-71 of Chapter 30 (Soil Removal and Other Land Disturbing Activities) of the City Code Pertaining to Stormwater Management Virginia Code Revisions. G. An Ordinance to Amend the City Code, Appendix G(Southern Watersheds Management Ordinance) Sections 7 and 8 Pertaining to Stormwater Management. H. An Ordinance to Amend Appendix D of the City Code (Stormwater Management). Pursuant to the Code of Virginia § 62.1-44 15:24 et seq., the proposed ordinance amendments establish a Virginia stormwater management program for land-disturbing activities and adopts the applicable regulations that specify standards and specifications for VSMPs as promulgated by the Virginia State Water Control Board. The proposed amendments are part of an initiative to integrate the existing City of Virginia Beach stormwater management requirements into a unified stormwater program. The proposed stormwater management program is intended to facilitate the submission and approval of plans, issuance of permits, payment of fees, and coordination of inspection and enforcement activities into a more convenient and efficient manner for both the City of Virginia Beach and those responsible for compliance with these programs. The primary regulations for the new stormwater management program will be in the amended Appendix D of the City Code, entitled 'Stormwater Management.' Additional regulatory components of the program will consist of amendments to Chapters 2 and 30 of the City Code, the Southern Watersheds Management Program, Chesapeake Bay Preservation Ordinance, Subdivision Ordinance, and Site Plan Ordinance. All of these proposed amendments are being Item #7 City of Virginia Beach - Stormwater Management Amendments Page 2 provided to the Planning Commission; however, a recommendation to the City Council from the Commission is required only for the proposed amendments to the Chesapeake Bay Preservation Ordinance, Subdivision Ordinance, and Site Plan Ordinance. Those three amendments are attached. Comments within the ordinances summarize the purpose of each of the changes. A motion was made by Commissioner Hodgson and was seconded by Commissioner Thornton to approve item 7. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT RUSSO AYE THORNTON AYE WEINER AYE By a vote of 10-0, the Commission approved item 7. Kay Wilson appeared before the Commission. 1 AN ORDINANCE T 2 APPENDIX F, 3 PRESERVATION 4 SECTIONS 102, 5 PERTAINING 6 MANAGEMENT 7 O AMEND THE CITY CODE, (CHESAPEAKE BAY AREA ORDINANCE) 106, 107 AND 109 TO STORMWATER 8 Sections Amended: Chesapeake Bay Preservation Area Ordinance 9 §§ 102, 106, 107 and 109 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 102, 106, 107 and 109 of the Chesapeake Bay Preservation Area 15 Ordinance are hereby amended and reordained to read as follows: 16 17 Sec. 102. Purpose and intent. 18 19 (A) This ordinance is adopted in order to implement the requirements and stated 20 purposes of The Chesapeake Bay Preservation Act ( Sections 62.1-44.15:67 10.1 21 through 62.1-44.15:79 10.1-16 of the Code of Virginia) and the Chesapeake Bay 22 Preservation Area Designation and Management Regulations ( 9VAC 23 25-830-10 et seq.) promulgated thereunder. 24 25 26 27 COMMENT 28 29 This amendment brings the cited Regulations into conformity with the revisions of the 30 Virginia Code and Regulations in regard to the Chesapeake Bay Preservation Act. 31 32 Sec. 106. PerFormance standards. 33 34 The performance standards set forth in this Section are intended to prevent a net 35 increase in nonpoint source pollution from new development and development on 36 previously developed land where the runoff was treated by a water quality protection 37 best management practice- aGh+ev° ^ +°„ (10) per ^?T RenpeiRt ^ F 38 39 , 40 41 uses. Stormwater manaqement criteria shall be consistent with the provisions of the 42 Stormwater Manaqement Ordinance (Appendix Dl. 43 44 .... 45 46 ??t+efl--pi?.e?sr-(4VAG-3-2,-e#--seq-) -eTt#- v.,-n;.,,., Ctnrmw eF 47 h.. .. w ., 48 . 49 50 aRd ronuIn}i 51 52 eratie„ n nn ?,? ?ho it.- ? ? o, f hesF mnana -?n-??„? gorv?? nr n}ino tn 4??} ?mc?}? }?h- ? 53 UUat?r n? ??IiF?i nrn?on}ier? ron? ?a.?u.rroirmon+S no} :.? TL'?t7rvT vv fnrth in thio s? ?hc?r.i+Fio.? C ?4. 54 , 55 56 / \A/7'fAM Al 1?1 ..?.l1t\/ 1'lYl1tAl?}1/lYl 57 nrni??+?....... } ... A C7 ......?IC?\? ,.., ?.. ...,??..? YD/YI ?iromor?4c?• r ? ? M 58 59 60 the ' , 61 nrTmonF G?nT? aI (l? ?al ?c i4r v 4i. ±hc? ( a v v ?ic??i f ?? er itc m? ?ninin?+llv o??ir?.?.iJ t 62 63 64 ; a Rd 65 66 67 , 68 69 70 ARY , , 71 as- , 72 ' , 73 °? ?b°?-,T 74 75 (8)-Pe-F-an -deu e}e ? ^ T--aF -red o„?? me ;,t t r t # #^' y p,, „ p , e„ nwa e,--FURe --s ?--pe 76 77 r°c 78 79 , 80 81 irmrrp .r.nor?iinw ??c n r? :vor /I\/0\ ... ...... .? ?f fi?i?nFv fi?io /7?.\ r?ornon?. r- - ... ?. . , .? . . .. ??.. ? r.... ..... .. 82 83 , 84 Fed-Used hyea-s#--ten-(19)-per-GeRt-ef t".e exi6#+ng-le ad-.-T,--he City 85 ^, ;u„ag ?requoren.,,T° „ r re7velnvpl 7m7 ^s 8v C th..F .. ..mnaIly innnrr??rn}orI host monppe?ont nr.?ntino6 fer Stvrm?T? •? y 87 , provided . 88 89 . 90 ; 91 92 2.-?Best-rnanagetne^+ ^r°^+,^o fas+l+tiessnall--be--ifl--gee werLinrr 93 vTV°rand eifvi minn aF the i-losinn iP.v !v--vf-ser?V+rvr-Thr°.?? 94 }h? moin+on?r?l?? ?1I01'1G` ?f c?? ?nh fanilitiec Tho ov 4i Ef a 95 n,?,-?„??TCC-prur???-v?-?a -rrrc-c???cr?v'f 96 Fn °n?ugrr'ueFneRf m??TppyllYCd-te ? *iar?rp ?iith .?.?.a ?. 9 / }hoco rorruiromorito 98 99 1 00 ?`i ??Jam?rireGedures as outlined h??e GUFrent \/irninio Ctormwa4eF 101 . 102 . 103 104 /d\ ('olnUlo4ienc,oR IYinn the r?eFGontano of cito aroa Unrlor 105 106 wetl ands. ' ^,;QusGOVeF sh., ??T udo the w 107 eel: 108 109 110 he emnlevod tn the movimum ovtont prontinablo 111 112 .... 113 114 COMMENT 115 116 This amendment deletes the provisions of Appendix F that refer to Stormwater 117 Management and refer to Appendix D, Stormwater Management. 118 119 (16) All development exceeding two thousand, five hundred (2,500) 120 square feet of land disturbance shall be accomplished through a plan 121 of development review process consistent with Section 15.2-2286 3 122 123 124 125 126 127 128 129 130 131 (A)(8) of the Code of Virginia and sub' 9`?°?-;0-20- 234 9VAC25-830-240 (Chesapeake Bay Preservation Area Designation and Management Regulations). COMMENT This amendment brings the cited Regulations into conformity with the revisions of the Virginia Code and Regulations in regard to the Chesapeake Bay Preservation Act. 132 (B) Development criteria for Resource Protection Areas. In addition to the general 133 performance standards set forth in this section, the following standards shall 134 apply to all use, development and redevelopment in Resource Protection 135 Areas, except as otherwise provided herein: 136 137 138 (c) Redevelopment shall be permitted in the Resource Protection Area 139 only if (i) there is no increase in the amount of imperious cover; (ii) 140 no further encroachment within the Resource Protection Area; and 141 (iii) such redevelopment conforms to applicable erosion and 142 sediment control criteria set for in Chapter 30 and stormwater 143 management criteria set forth in 144 the Stormwater Manaqement Ordinance fAppendix Dl to applicable 145 stormwater management requirements of all state and federal 146 agencies. 147 148 .... 149 150 (e) Flood control and stormwater management facilities that drain or 151 treat water from multiple development projects or from a significant 152 portion of a watershed may be allowed in Resource Protection 153 Areas, provided that: 154 155 3. The facility is consistent with a stormwater management 156 program approved by the ohesapea-k R^., L^^^? Ass'6+ 157 13eaFd Virqinia State Water Control Board as a Phase I 158 modification to the City's program; 159 .... 4 160 COMMENT 161 162 This amendment deletes the reference to the portion of the Ordinance that is deleted and 163 references Appendix D. It also deletes the Chesapeake Bay Local Assistance Board, which has been 164 disbanded, and replaces it with the Virginia State Water Control Board. 165 166 Sec. 107. Plan of development process. 167 168 .... 169 (A) General plan of development process. Except as otherwise provided herein, 170 the plan of development process for any development or redevelopment in a 171 Chesapeake Bay Preservation Area, except development or redevelopment 172 requiring an administrative variance pursuant to Section 110(B), shall consist 173 of the plans and information identified below: 174 175 (1) A site plan or a subdivision plat which meets the requirements of the Site 176 Plan Ordinance (Appendix C) or Subdivision Ordinance (Appendix B), as 177 the case may be, and which clearly delineates the following 178 environmental features: 179 180 (a) Tidal wetlands; 181 182 (b) Tidal shores; 183 184 (c) Nontidal wetlands; the location and extent of which shall be 185 determined in accordance with the procedures specified in the 186 United States Corps of Engineers' Wetland Delineation Manual, 187 Technical Report Y-87-1, January 1987, Final Report, and the 188 Reaional Supplement to the Armv Corps of Enqineers Wetland 189 Delineation Manual; Atlantic and Gulf Coastal Plain Reqion 190 ERDC/EL TR 10-20 as restricted by Section 103 of this ordinance; 191 192 .... 193 194 (3) A stormwater management plan containing maps, charts, graphs, tables, 195 photographs, narrative descriptions, explanations, and supporting 196 references. At a minimum, the stormwater management plan shall 197 contain the following: 198 199 (a) Location and design of all planned stormwater control devices. 5 200 201 (b) Procedures for implementing nonstructural stormwater control 202 practices and techniques. 203 204 (c) A long-term schedule for inspection and maintenance of stormwater 205 management consistent with the Stormwater Management Ordinance 206 (Appendix D). 207 208 (d) A maintenance agreement as deemed necessary and appropriate by 209 the City Manager to ensure proper maintenance of best management 210 practices in order to continue their functions. 211 212 (e) Predevelopment and postdevelopment nonpoint source pollutant 213 loadings with supporting documentation of all utilized coefficients and 214 calculations as outlined in the 215 Stormwater Manaqement Ordinance fAppendix Dl. 216 217 (f) For stormwater management facilities, verification of structural 218 soundness, which shall be certified by a professional engineer. All 219 engineering calculations shall be performed in accordance with the 220 current edition of the City of Virginia Beach Public Works Standards 221 and Specifications and the current edition of the Virginia Stormwater 222 Management Handbook. 223 224 Lq) Such additional elements as are required to be contained in a 225 stormwater manaqement plan for Chesapeake Bay land disturbinq 226 activities bv the Stormwater Manaqement Ordinance fAppendix Dl. 227 228 .... 229 230 COMMENT 231 232 These amendments clarify the definition for nontidal wetlands (lines 185-191). It also 233 deletes the CBPA reference to stormwater requirements and replaces it with a reference to 234 Appendix D. 235 236 Sec.109. Exem ptions. 237 238 (A) Exemptions for public facilities. 239 6 240 (1) Construction, installation, operation and maintenance of electric, natural 241 gas, fiber optic, and telephone transmission lines, railroads, public roads 242 and their appurtenant structures in accordance with (i) regulations 243 promulgated pursuant to the Erosion and Sediment Control Law (Code of 244 Virginia, Section 10.1 569 62.1-44.15:51 et seq.) and the Stormwater 245 Management Act (Code of Virginia, Section 1-8.1-683.-1 62.1-44.15:24 et 246 seq.); (ii) an erosion and sediment control plan and a stormwater 247 management plan approved by the Virginia Department of Genserv,atie? 248 Environmental Qualitv; . . . . . 249 250 COMMENT 251 252 This amendment brings the cited Regulations and Virginia Code provisions into conformity 253 with the revisions of the Virginia Code and Regulations in regard to the Chesapeake Bay 254 Preservation Act. 255 256 This Ordinance shall become effective on July 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT Planning APPROVED AS TO LEGAL SUFFICIENCY: I)b a AA V ilo City Attorney's Office CA12494/R-6/January 17, 2014 7 1 AN ORDINANCE TO AMEND THE CITY 2 CODE, APPENDIX B, (SUBDIVISION 3 REGULATIONS) SECTIONS 4.2, 5.5, 6.1, 7.1, 4 7.7 AND 8.1 PERTAINING TO 5 STORMWATER MANAGEMENT 6 7 Sections Amended: Subdivision Regulations §§ 4.2, 5.5, 6.1, 7.1, g 7.7 and 8.1 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Sections 4.2, 5.5, 6.1, 7.1, 7.7 and 8.1 of the Subdivision Regulations are 17 hereby amended and reordained to read as follows: 18 19 DESIGN STANDARDS 20 21 .... 22 23 Sec.4.2. Easements. 24 25 (a) Easements for utilities shall be provided as required by the director of 26 public utilities and easements for drainage shall be provided as required by the director 27 of public works across lots overlapping or adjoining rear or side lot lines, and shall be of 28 whatever width is necessary to provide for installation of such installation of such utilities 29 or drainage and for access for maintenance; provided, however, that no such easement 30 shall be less than +° fifteen (15) feet wide. In the case of any waiver to this 31 requirement as outlined above, conditions or safeguards may be attached to the grading 32 plan as necessary to assure proper drainage in the area. 33 34 .... 35 36 COMMENT 37 38 This amendment increases the size of utility easements from 10 to 15 feet. 39 40 REQUIRED IMPROVEMENTS 41 42 .... 43 44 Sec. 5.5. Street and other drainage. 45 46 .... 47 48 (a) [Curbs and gutters]. Curbs and gutters built to specifications of the 49 department of public works, as approved by the council of the City of 50 Virginia Beach shall be required, except as provided in subsection (c), on 51 all streets, except when it is determined by the director of planning or his 52 designee that existing soil or site conditions would make this requirement 53 impractical or where the use of linear best management practices is better 54 promoted otherwise, in which case a waiver or modification may be 55 authorized, proyoded, ho-wever, 56 p ^ut in?e writiny p nni^I innlude tho reaSGRG «erefor and ho mr+iJo a parc,aT 57 +he normanon+ .,.,,,l;G.,+,,,,, roas provided in subsection (d). 58 59 .... 60 61 COMMENT 62 63 This amendment makes this section conform to the waiver provisions of this ordinance. 64 65 (d) [Waiver or modification.] The director of the department of planning shall 66 consider and may approve a waiver or modification to the requirements 67 set forth in sections 5.5(a) and 5.5(b), for a subdivision, provided that the 68 following are met: 69 70 (i) Each lot in the subdivision shall be no less than fifteen thousand 71 (15,000) square feet in area; 72 73 (ii) Each lot shall provide area for no fewer than four (4) on-site parking 74 spaces; 75 76 (iii) All open drainage systems shall be provided and designed in 77 accordance with the performance standards and design criteria of 78 ' the stormwater management ordinance; 79 80 (iv) The proposed system of open or natural drainage ways shall be an 81 appropriate component of a stormwater 82 manaqement plan to be approved for the subdivision as part of the 2 83 process for granting a waiver or modification under this section. Such 84 stormwater manaqement plan shall 85 include, in addition to the requirements of Section 1-6, Appendix D, 86 the followinq elements: A tree inventory/protection plan meetinq the 87 requirements of Sec. 1.4, Appendix E; a wetlands delineation; 88 depictinq the limits of tidal and non-tidal wetlands and a plan for 89 avoidinq impacts to identified wetlands to the maximum extent gp practicable minimizinq unavoidable impacts to the maximum extent 91 practicable and a plan for comqensatinq for impacts that cannot be 92 avoided and minimized ' ; provision for the 93 protection or creation of a natural area buffer of sufficient width to 94 prevent erosion, trap sediment in overland runoff, provide necessary 95 maintenance access and provision for the protection of any other 96 significant natural features in accordance with the desiqn principles 97 for "Sheet Flow to Conserved Open Space" contained in Virqinia 98 Stormwater BMP Clearinqhouse, including #ape"ranhin rel;of stee 99 slo es; 100 101 102 103 COMMENT 104 105 This amendment brings the provisions for open drainage systems into conformity with 106 Appendix D. 107 108 PLATS AND DATA 109 110 Sec. 6.1. Preliminary plats and data-Generally. 111 112 .... 113 114 , the 115 , 116 117 118 119 /1\ 4 ?? ?r?io?i r.f onvir?nmori?ol foat? ?ro • ?---=? -- ------ -- - 120 (7) A InniJcnnpo nlan• ? 121 /`Z1 A ?r?r m?eil+?ovracc r rmrrc?rrcrgnn?nor? rilor?• lcrn?n?--m ,.,? ?on? , p.....? ., 122 (4) An.er?cimon? rnn?rnl r?ln• ?±nrl ....,....inn . ...., ?r?rl .. ...? cor-l.......?... .?_.._. ?.a.., 123 , i 3 124 125 T-rh° n +ori I ot f.,.-+h in \ thrn „nh /?\ hor? ho?io h?+ll nnnt?+in nll of ?h ? i ^?• • ?-i ..`?. 126 127 Grdir+anro re?.,o.,.?i.. Reserved. v ?. .p. p.... ....... . ? . 128 129 .... 130 131 COMMENT 132 133 This amendment deletes the provision for special information in the Chesapeake Bay 134 Preservation Areas for preliminary plats. 135 136 PROCEDURAL REQUIREMENTS ON IMPROVEMENTS 137 138 Sec. 7.1. Plans and specifications for general improvements. 139 140 .... 141 142 B. Plans and information on hauling operations associated with the excavation of 143 stormwater management facilities. In addition to information required under the 144 provisions of the subdivision regulations (Appendix B), where sand, gravel, topsoil, fill or 145 other excavated material from the excavation of a stormwater management facility will 146 be hauled off site, the following information shall be submitted to the planning director: 147 148 .... 149 150 (16) If the hauled material will be deposited in the City of Virqinia Beach, the 151 address where the hauled material will be deposited and proof of current 152 VPDES or VSMP permit coveraqe for the site where the material will be 153 deposited. 154 155 156 157 158 159 160 161 162 COMMENT This amendment adds the requirement for providing the information for hauled material to require information to be sure that the deposit site is permitted. 4 163 Sec. 7.7. Public acceptance of improvements or proposed dedications. 164 165 The installation of improvements or the offer of dedications in subdivisions 166 created hereafter under the terms of this ordinance shall in no case bind the city to 167 accept such improvements or offers to dedicate. Upon certification of completion of 168 required improvements as set forth in section 7.6, the director of planning or other 169 affected official or, in the case of water and sewer facilities, the director of public utilities, 170 is authorized to accept on behalf of the city such dedications or improvements as the 171 city may then be prepared to accept and maintain. No city permit shall be issued and no 172 city services extended to any lot within such subdivision until the requirements of this or 173 other ordinances or lawful regulations of the city have been met in full. 174 175 .... 176 177 COMMENT 178 179 This amendment adds other officials as to who can accept dedications or improvements for 180 the City. 181 182 Sec. 8.1. Plat fees. 183 184 .... 185 ?? 186 (b) At the time construction plans are submitted f^r r°s?de;;t;u! ?„",?;Y.,;V?.;^^? ^ Vf a??;T ? (V7 VMAJVIIIVIIV 187 , the following fees shall be due 188 and payable from the effective date of this ordinance [d-u'y °g°July 1, 20141: Twe 189 , , nor hunrlrorl (100) 190 191 Area of proposed land disturbance Fee 192 Greater than or e qual to 2500 SF and less than 1 acre 900 193 Greater than or e qual to 1 acre and less than 5 acres 1000 194 Greater than or e qual to 5 acres and less than 10 acres 1333 195 Greater than or e qual to 10 acre and less than 50 acres 2847 196 Greater than or e qual to 50 acres and less than 100 acres 5877 197 Greater than or eq ual to 100 acres 7560 198 199 Stormwater Manaqement Review fees as reauired bv Section 1-33 of the 200 Stormwater Manaqement Ordinance fAppendix Dl. 201 5 202 COMMENT 203 204 This amendment changes how fees for construction plans are calculated. They are by this 205 amendment to be calculated by proposed land disturbance. This will bring them into conformity 206 with Appendix D, Stormwater Management. 207 208 This Ordinance shall become effective on July 1, 2014. 209 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFF IENCY: ? Planning City Attorney's Office CA12492/R-7/January 17, 2014 6 1 AN ORDINANCE TO AMEND THE CITY 2 CODE, APPENDIX C, (SITE PLAN 3 ORDINANCE) SECTIONS 3, 4 AND 7 4 PERTAINING TO STORMWATER 5 MANAGEMENT 6 7 Sections Amended: Site Plan Ordinance §§ 3, 4 and 7 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 3, 4 and 7 of the Site Plan Ordinance are hereby amended and 16 reordained to read as follows: 17 18 Sec.3. Procedures. 19 20 .... 21 22 3.2. Procedure for site development plan approval: 23 24 A.1. The developer shall cause to be prepared a site development plan with other 25 material as set forth in sections 4 and 5. 26 27 A.2. At the time the site development plan is ?resented submitted, the following 28 fees shall be due and payable: 29 30 (a)--Res+deRt+aa--s+te---?laR--#er tWe-(2)-e r--m„ re resid? ? ?,d eRces: L 31 , . . 32 firot fivo (5) rosirloR}ial uniF 33 34 . 35 , . . . 36 37 (r) nu nlov ci+o plan: Givn hU Rd rnr-) civt.i rJ..llars (Q560nn) 38 39 40 , 41 . 42 43 44 A rea , 45 i n,-,,,,"d $2gn nn .,f the aneRt aete;T k ?r + d d 'R°s that SuGh ??, -- tewev , e ( ); e 46 piaR ef aeveloprnont may bo cUbjeG??revuaLt?i'evCVtl, ti tero shu„??7?e Q 47 fo? ir? tho nm?? ?r?+ ?f r?r?o h? iniJrorJ ?hir??i fi _io rlnllarc i?135 nn? .. ?? ???....?............. ..?... .............. ......? .. .. .,..... ??. -i - 48 49 rlnllorc ($2 ^^+ DIaR: Twn l-!URrJrod nnrJ Gift ? ? 50nn) ? y (e)-- ?gern 50 51 (a) Sinqle-family and duplex Fee 52 Individual sinqle-family dwellinq 75 53 Two sinqle-family dwellings on the same lot 330 54 One duplex on one lot 330 55 56 (b) All other site development not listed above: 57 Area of proposed land disturbance Fee 58 Greater than or equal to 2500 SF and less than 1 acre 900 59 Greater than or equal to 1 acre and less than 5 acres $1000 60 Greater than or equal to 5 acres and less than 10 acres 1333 61 Greater than or equal to 10 acres and less than 50 acres 2847 62 Greater than or equal to 50 acres and less than 100 acres 5877 63 Greater than or equal to 100 acres 7560 64 65 (c) Stormwater Manaqement Review fees as required by Section 1-33 of the 66 Stormwater Manaaement Ordinance fAppendix Dl. 67 68 (-g&[) If an applicant, at any time during site plan review, submits a review, 69 submits a revised plan or portion thereof, field change or makes a change 70 to the plan under review not at the request of the City of Virginia Beach, 71 such revision shall be accompanied by a fee of one hundred sixty-eight 72 dollars ($168.00) per sheet that is revised or changed. 73 74 75 76 77 78 79 80 81 COMMENT This amendment changes how fees for development plans are calculated. Under this amendment they are to be calculated by proposed land disturbance. Appendix D, stormwater maaaagement, also calculates fees by the amount of proposed land disturbance. 2 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 D.3. For development or redevelopment subject to the plan of development process set forth in Section 107 of the Chesapeake Bay Preservation Area Ordinance [Appendix F], there shall also be furnished a certified check, bond, irrevocable letter of credit or other surety satisfactory to the city attorney in an amount equal to the estimated cost, including materials, of installation of required landscaping ^nd s}nrmwaTOr?gemT .,?TlRm.,es. Cost estimates shall be based upon the approved plan of development and shall be subject to the approval of the director of development services. The terms "development" and "redevelopment" shall be as defined in section 103 of the Chesapeake Bay Preservation Area Ordinance. COMMENT This amendment will bring this provision of Appendix C into conformity with the provisions of Appendix D, Stormwater Management. Sec. 4. Information required on site development plan. B. Existing and required site features and improvements: 7. Existing and proposed storm drainage easements and the direction of drainage flow in streets, storm sewers, valley gutters, streams and ditches. Indicate all contributing areas in acres for storm drainage calculations as required by the Stormwater Manaqement Ordinance fAppendix D1. Drainage area maps and drainage calculations shall be submitted to the city agent „^^^ r°^„as a component of the site stormwater manaqement plan in accordance with the Stormwater Manaqement Ordinance fAppendix Dl. 8. All existing and proposed water, sanitary sewer facilities indicating pipe sizes, types and grades shall be shown. Connections into existing or proposed central water and sewer systems shall be shown. 3 122 13. For development or redevelopment having a construction footprint exceeding 123 two thousand five hundred (2,500) square feet in Chesapeake Bay 124 Preservation Areas, there shall, except if waived as unnecessary by the 125 planning director, also be provided all elements of the plan of development 126 as required by Section 107 of the Chesapeake Bay Preservation Area 127 Ordinance [Appendix F] and the elements for Chesapeake Bav land 128 disturbinq activities in accordance with the Stormwater Manaqement 129 Ordinance rAppendix Dl. The terms "development," "redevelopment" and 130 "construction footprint" shall be as defined in section 103 of the Chesapeake 131 Bay Preservation Area Ordinance. The term "Chesapeake Bav Preservation 132 Act land disturbing activity" shall be as defined in Section 1-3 of the 133 Stormwater Management Ordinance fAppendix Dl. 134 135 .... 136 137 COMMENT 138 139 These amendments will bring these provisions of Appendix C into conformity with the 140 applicable provisions of Appendix D, Stormwater Management. 141 142 C. Hauling operations plans and information. In addition to the information required 143 in subsections A. and B. of this section, where sand, gravel, topsoil, fill or other 144 excavated material from the excavation of a stormwater management facility will be 145 hauled off site, the following information shall be submitted to the city agent: 146 147 .... 148 149 (15) A description or plan of all proposed improvements to mitigate the traffic 150 impacts associated with the hauling activity including, but not limited to, turn 151 lanes, signalization, striping and other traffic control measures. 152 153 16 If the hauled material is to be deposited within the limits of the City of Virqinia 154 Beach, the address of the location where the hauled material will be taken 155 and proof of current VPDES or VSMP permit coveraqe for the site where the 156 material will be placed. 157 158 .... 159 160 161 162 4 163 COMMENT 164 165 This amendment adds the requirement for providing the information for hauled material to 166 require additional information to ensure that the deposit site is permitted. 167 168 Sec. 7. Variances and appeals. 169 170 .... 171 172 In authorizing a variance the city manager or his designee may impose such 173 conditions as may be necessary in the public interest. 174 175 7.2. It is further provided that any decision of the city manager or his designee 176 may be modified, reversed or affirmed by the city council upon appeal by any aggrieved 177 party to such decision, if such appeal is filed within thirty (30) days of such decision. 178 179 7.3. Final decisions under this ordinance shall be subject to review by the 180 appropriate court of record, if filed within thirty (30) days from the date of council action. 181 182 7.4. Notwithstanding anything in this section to the contrary, variances and 183 appeals arising from provisions of the Chesapeake Bay Preservation Area Ordinance 184 [Appendix F] included or incorporated in this ordinance shall be in accordance with 185 Section 110 or Section 111 of the Chesapeake Bay Preservation Area Ordinance, as 186 the case may be. 187 188 7.5 Notwithstandinq anvthinq in this section to the contrary, variances and 189 appeals arisina from provisions of the Stormwater Management Ordinance fAppendix Dl 190 included or incorporated in this ordinance shall be in accordance with the applicable 191 provisions of the Stormwater Manaqement Ordinance (Appendix Dl. 192 193 COMMENT 194 195 This amendment will bring this provision of Appendix C into conformity with the 196 provisions of Appendix D, Stormwater Management. 197 198 This Ordinance shall become effective on July 1, 2014 199 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of . 2014. 5 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 6v 1 Mae,/- Planning City A torney's Office CA12493 R-4 November 7, 2013 1 AN ORDINANCE TO AMEND SECTIONS 2- 2 275, 2-288 AND 2-388 OF THE CITY CODE 3 PERTAINING TO CIVIL PENALTIES FOR 4 LAND DISTURBING VIOLATIONS 5 6 Sections Amended: City Code §§ 2-275, 2-288 and 2-388 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Sections 2-275, 2-288 and 2-388 of the Code of the City of Virginia Beach, 11 Virginia, are hereby amended and reordained to read as follows: 12 Chapter 2 - ADMINISTRATION 13 ARTICLE VIII. - DEPARTMENT OF PUBLIC WORKS 14 15 .... 16 17 Sec. 2-275. - Issuance of stop-work orders. 18 19 .... 20 21 (c) Any person who is perForminq work in accordance with a land 22 disturbance permit and who shall continue to have his aqent continue to work in 23 or about the site after a stop-work order has been issued except such work as 24 he is directed to perform bv the citv official issuinq the stop-work order to correct 25 a violation or unsafe condition shall be subiect to a civil penalty ordered bv the 26 Circuit Court not to exceed $32 500 for each violation. Each day of violation of 27 each requirement shall constitute a separate offense. 28 29 .... 30 31 COMMENT 32 This amendment allows the Department of Public Works to request the Circuit Court to 33 impose a civil penalty for violations of a stop work order for land disturbing activity. 34 ARTICLE IX. - DEPARTMENT OF PUBLIC UTILITIES 35 36 .... 37 38 Sec. 2-288. - Issuance of stop-work orders. 39 40 41 42 (c) Any person who is performinq work in accordance with a land 43 disturbance permit and who shall continue to have his aqent continue to work in 44 or bout the site after a stop-work order has been issued except such work as he 45 is directed to perform bv the city official issuinq the stop-work order to correct a 46 violation or unsafe condition shall be subiect to a civil penalty ordered bv the 47 Circuit Court not to exceed $32 500 for each violation. Each day of violation of 48 each requirement shall constitute a separate offense. 49 50 .... 51 52 COMMENT 53 This amendment allows the Department of Public Utilities to request the Circuit Court to 54 impose a civil penalty for violations of a stop work order for land disturbing activity. 55 ARTICLE XVI. - DEPARTMENT OF PLANNING 56 57 .... 58 59 Sec. 2-388. - Issuance of stop-work orders. 60 61 .... 62 63 (c) Any person who is performinq work in accordance with a land 64 disturbance permit and who shall continue to have his aqent continue to work in or 65 about the site after a stop-work order has been issued except such work as he is 66 directed to perform bv the citv official issuinq the stop-work order to correct a 67 violation or unsafe condition shall be subiect to a civil penaltv ordered bv the 68 Circuit Court not to exceed $32 500 for each violation. Each day of violation of 69 each requirement shall constitute a separate offense. 70 71 COMMENT 72 This amendment allows the Department of Planning to request the Circuit Court to impose 73 a civil penalty for violations of a stop work order for land disturbing activity. 74 This Ordinance shall become effective on July 1, 2014. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2014. 2 APPROVED AS TO CONTENT / Z-K , E. Dspa e Public Works APPROVED AS TO CONTENT: PlannindiDepartment CA12491 R-5 November 7, 2013 APPROVED AS TO CONTENT: I "a) Department of Public Utilities APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's O ice 3 1 AN ORDINANCE TO AMEND SECTIONS 30- 2 57, 30-58, 30-61 AND 30-71 OF CHAPTER 3 30, (SOIL REMOVAL AND OTHER LAND- 4 DISTURBING ACTIVITIES) OF THE CITY 5 CODE PERTAINING TO STORMWATER 6 MANAGEMENT VIRGINIA CODE REVISIONS 7 8 Sections Amended: §§ 30-57, 30-58, 30-61 & 9 30-71 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 30-57, 30-58, 30-61 and 30-71 of the City Code are hereby 15 amended and reordained to read as follows: 16 17 Sec. 30-57. Definitions. 18 19 As used in this article, the following words and terms shall have the meanings 20 ascribed to them in this section, unless the context requires a different meaning: 21 22 .... 23 24 Board means the State Water 25 Control Board. 26 27 .... 28 Sec. 30-58. VESCP; regulations, standards and specifications for erosion and 29 sediment control and tree protection. 30 31 (a) The city council hereby adopts the regulations promulgated by the Vmrg+Ria 32 Board pursuant to section 10.562 62.1-44.15:52 of the 33 Code of Virginia for the effective control of soil erosion, sediment deposition and 34 nonagricultural runoff which must be met in any VESCP to prevent the unreasonable 35 degradation of properties, stream channels, waters and other natural resources. Said 36 regulations, standards and specifications for erosion and sediment control are included 37 in but [are] not limited to Chapter 3 of the "Virginia Erosion and Sediment Control 38 Handbook," Third Edition, 1992 and the Virginia Erosion and Sediment Control 39 Regulations and all future amendments thereto and editions thereof. 40 (b) The program and regulations provided for in this article shall be made 41 available for public inspection at the office of the director of planning. 42 43 Sec. 30-61. Program administration, plan review and inspection fee. 44 45 .... 46 47 (c) The VESCP authority shall report to the 48 Q°^r?meR Department of Environmental Qualitv, in a method and on a time schedule 49 established by the Department of 50 Environmental Quality, a listing of each land-disturbing activity in the locality for which a 51 plan has been approved under this ordinance. 52 53 Sec. 30-71. Regulated land-disturbing activities; submission and approval of 54 control plan. 55 56 .... 57 58 (b) Except as provided in section 10.1 564 62.1-44.15:56 of the Virginia Code 59 (state agency and federal entity projects), no person may engage in any land-disturbing 60 activity until such person has submitted to the planning department an erosion and 61 sediment control and tree protection plan for the land-disturbing activity and the plan 62 has been reviewed and approved by the planning department. Such plan must be in 63 compliance with the regulations, references, guidelines, standards and specifications 64 promulgated by the Board for the effective control of soil erosion and sediment 65 deposition to prevent the unreasonable degradation of properties, stream channels, 66 waters and other natural resources. Said regulations, references, guidelines, standards 67 and specifications for erosion and sediment control are included in, but not limited to, 68 the "Virginia Erosion and Sediment Control Regulations" and the Virginia Erosion and 69 Sediment Control Handbook, as amended. 70 71 .... 72 73 (d) In accordance with Virginia Code Section 1-8.1-561 62.1-44.15:52: 74 75 .... 76 77 78 79 80 2 81 82 COMMENT 83 All of the amendments reflect the changes in Virginia Code references, Regulations and 84 agencies that are required by the change of State agency in charge of water issues from DCR to 85 DEQ. 86 This Ordinance shall become effective on July 1, 2014. 87 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12014. APPR VED AS CONTENT: APPROVED AS TO LEGAL SUFFI IENCY: , kAl a I ? ? Planning City Attorney's Office CA12787 R-7 January 28, 2014 3 1 AN ORDINANCE TO AMEND THE CITY 2 CODE, APPENDIX G, (SOUTHERN 3 WATERSHEDS MANAGEMENT 4 ORDINANCE) SECTIONS 7 AND 8 5 RERTAINING TO STORMWATER 6 MANAGEMENT 7 8 Sections Amended: Southern Watersheds Management Ordinance g §§ 7 and 8 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 7 and 8 of the Southern Watersheds Management Ordinance are 15 hereby amended and reordained to read as follows: 16 17 Sec. 7. PerFormance standards. 18 19 .... 20 21 (e) The following additional performance standards shall be requirements of 22 all development, except single-family dwellings or duplexes separately built and not part 23 of a subdivision: 24 25 (1) After development, runoff from the site shall a^^ratethi r^of 26 27 r?;^-? ,-a,r f^„l URder pFedevelopment-send+tiensa,;d, te t#e exten 28 , natUFal , 29 T•n.,l RMD faGolo be discharqed in accordance with the 30 stormwater quantitv standards contained in the Stormwater 31 Manaqement Ordinance fAppendix D1; 32 33 (2) Measures ensuring compliance with the following design storm event 34 criteria shall be incorporated: 35 36 .... 37 38 COMMENT 39 40 This amendment brings the standards for runoff into compliance with Appendix D. 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 Sec. 8. Design criteria. (n) Stormwater management criteria are encouraged: facilities incorporating the following design (1) Retention areas should be designed so that maintenance necessitated from siltation deposition is easity achieved. Forebay areas should be constructed at each stormwater inflow site, and an emergent wetlands bench should be established around the forebay perimeter; (6) Infiltration facilities should not be located under areas of impervious cover without desiqn provisions for their lonq term inspection and maintenance of the infiltrative function of the facilitv as approved bv the director of planninq public works or in the case of water and sewer facilities, public utilities as the case maV be; and COMMENT This amendment adds the provision that infiltration under impervious cover can be used for stormwater management with certain requirements. This Ordinance shall become effective on July 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: Planning m A -- CA12495/R-5/November 7, 2013 APPROVED AS TO LEGAL SUFF CIENCY: . City Attorney's Office 2 1 AN ORDINANCE TO REPEAL APPENDIX D 2 OF THE CITY CODE, (STORMWATER 3 MANAGEMENT) AND ADDING A NEW 4 APPENDIX D OF THE CITY CODE 5 (STORMWATER MANAGEMENT) 6 PERTAINING TO THE PURPOSE AND 7 AUTHORITY, THE ESTABLISHMENTOF THE 8 STORMWATER MANAGEMENT PROGRAM, 9 DEFINITIONS, APPLICABILITY AND 10 EXEMPTIONS, SUBMISSION AND 11 APPROVAL OF PLANS, CONTENT OF 12 STORMWATER MANAGEMENT PLANS, 13 REVIEW OF PLANS, CONTENT OF 14 STORMWATER POLLUTION PREVENTION 15 PLANS, CONTENT OF POLLUTION 16 PREVENTION PLANS, WATER QUALITY 17 DESIGN CRITERIA, WATER QUALITY 18 COMPLIANCE, WATER QUANTITY, OFFSITE 19 COMPLIANCE, DESIGN STORM AND 20 HYDROLOGIC METHODS, STORMWATER 21 HARVESTING, LINEAR DESIGN PROJECTS, 22 STORMWATER MANAGEMENT 23 IMPOUNDMENT STRUCTURES OR 24 FACILITIES, COMPREHENSIVE 25 STORMWATER MANAGEMENT PLANS, 26 GRANDFATHER PROVISIONS, VARIANCES, 27 TECHNICAL CRITERIA FOR PROJECTS 28 NOT GOVERNED BY THE NEW CRITERIA, 29 LONG TERM MAINTENANCE, MONITORING 30 AND INSPECTIONS, HEARINGS, APPEALS, 31 ENFORCEMENT, FEES, PERFORMANCE 32 BONDS, STANDARDS AND 33 SPECIFICATIONS, SEVERABILITY AND 34 EFFECTIVE DATE 35 36 Section Repealed and Added: Appendix D, Stormwater 37 Management 38 39 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 40 BEACH, VIRGINIA: 41 42 That Appendix D(Stormwater Management Ordinance), of the City Code of the 43 City of Virginia Beach, Virginia, is hereby repealed and replaced to read as follows: 44 45 SeG. 1. T4L- 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 ., ChapteF , Tit! ? SeGtOGR . . , aRd shall be „ l(ReWR as the " ?eiolf ro r,f +he GE)FnFnU r+???? peG*fmGally--. be , -de dies gradiRg water ; , l , the reby orn ir?n •+ni odimo n??++inri• , , ?.,,...,. ., , ; andfauna; , indwate r°^? , ; , ; , ; 76 a-qd 77 78 • 79 80 SeG. . Objertivesw 81 82 , rnaintaiR, 83 , 84 Ronnh this nrr-lirinnno hoc the follewinn nhioGti?ior• , ? ? 85 86 87 0 n4orooto anr! tho nr+Z\.1?i ?rr+I rocn? ?rnoc Of tho nit?i• 1 N ? 1 88 ) , 89 „f ,.;+., w.,+or&l , 90 ; 91 (d) T-e en6v Urage thPi-"GonStt#Fitoen-e 7di n n-sJterriSwhoGYI-i'i " i n?prrC ?G7n vir 7 92 fi inntionall?i imnto ovistinn nn}Ural vstomc• e 93 94 ; 95 nr vr np}r m fi io rcrclr..o ? +v n mvnvc ?io ??ir+? II? ? ?? vr 96 ..-,., ?lrti-,.,}?? Gtl?I energ-y ?i ?r 1r- --?'ccr'??.r?? ??rr r-?- -ana-c? ? ?- 97 iiiaintain the svstems• e 98 (p) To mi 'zo }ho trancnnrt of noll? ?F?+r?}c tn ???? y , 99 (h) T^ mai tain Or roS4Ore r+rounrlw?ter lev,CtS 100 , ; 101 To mi?i?n .,.,d soAimontaFien; 1 02 (k) Te pFevont dnrnogo ?e wetQti4a'Yj 103 ' , 104 wa+or Iovols r+re honofini?+l• , 105 , 106 #he-Gitj; 107 '? O$ t 1?1pl°w+???eR o{ _c=[?rm?iator man.??]e?mon fnr nll ?+nti?iiFio? ?ihinh m?+?i ....N ? 109 ; 110 `°; T^, o -pFo Vide appFeprea?e aGGesS, fe-„e ^or.3cJ „f f?°c- ;--urra 111 manv 7a'R.c'c° -'oY'stermwQt°rQgeFnC11t FaGulateeS-GvRrstrUntcd-URQCr tit: 112 ?s of thos?erd+naRGe; -af?d 113 114 115 . 116 117 Ser.. 4. De#'+q+tfens: 118 119 I Inlo???? c?nonifin?+ll?i rlofir?orl hole?i, ?ieriJs or r?hr?+sc?s 4..-.11 h.. i.-.+....-....+...J .. ?.„? 1L0 os te ynivo thorn 4ho mo.+r?inn tho?i ha?io in nemmnn ??o..no ..r?rl to ni?ie th'n ? v ? ? ?vu? ?rt 121 122 the , ; 123 }?}rK:trlo the f? ?}a? ?rrc o F c?}$,.,- -r T?.,FF , o??i?ri-1 ???h.+ll?? r.GnnE)to m.-....-1} ?-?C-wvra?? 124 tYtJGi e[ienaryj iFt e WE)Fd "may" i normi ?i 125 126 A-dvarsa imNr»nfc+ r+r u? v ? r+r??i mer?ifinr+tiOnc, altor tieno Gr eff8i.tn ?f i vav 127 , , 128 quaRtity, hydFodynarniGG, surfaGe , , lovong , 129 130 , , , 131 prodUGtiVity, ' 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 DF?+in?+? rcem is the system threunh whinh waFor flnwc frnm the l7nd Ilrainaryo cy?eFnsR^I??, h? ?t aro nOt li?miter1 te, ?„-o,-? oll nh?? ctnr m??ir+For ? mannnornoR} fanilitio , wator hr.rlioc nnd wotlanrlc . ho hr+nL c Or walls vf +h?T •+?m ?_ ??tor body dramnaga cyctorv+ ar+rl tha? , • 161 P^^??in moanc thece aroos adieininn a riVor, StroMr? ??i??orn?.........? ?rc?o ?m ?? ............, 162 , bay, , . 163 acc ci tlo?orTTmirrr?orca l as zrrc ? the Iarirrrl siF? ?•???rxrcc+ d holv???i the olco?i?vucFi?r? ?f• ccrt?crvrzrr?.-rrvrrv r. 164 165 (^n^t ron?riJorl hy the mr+vim??rv+ olo?i??i?n ?f the fl??rl ??i??or ?f ronnrrl• .... ? .., .... .. ... . . ..,..... . .... . . ..... . ........ . ... .. ... . . ...... .. .....?. .. . . ,....., . ... T 166 (b) Tiv°fleer! Ievel as-u???ed by-+4'_d. 4rmy r'orps 9f 167 Enginoors• Gr , 168 , WhoGheveF 169 greater: 170 171 the forloral inouronno orlminictratnr 172 173 174 . 4 175 176 177 178 179 It innl? ?iJo? ?or? ?mi imnor?iin? ?c c? ?rf?+noc? c?? ?nh ?c n?mn?n4or? nl??i ? ?eioll oc mncf ?u..vu vv? ?? ? ?Nv? ..v..v v...? ?............. .......... ..... .........?............. ......? ? ...c .. ....... ..... ........ , reefs, sidewalks, parking , 180 181 . 182 , 183 . 184 , . 185 186 Lanel , deve?ment ' , 187 188 . 189 190 I inear rlevo?mont nroienf moanc a Ianrl iJovolonmont nrEiont thot ic 191 , , 192 +olophEno Utilitv linoG• (ii) nEnSFrUntinn of 4ranFSrinhts_Of ?eia?i hrirlnoc , , , , 193 ; 194 /eoi\ hinh..,a.. nGRS+rLIntieR prEiontS 195 196 197 , aRimals, 198 QEGUT r iT Tdig LT7t° lar..J n }h???? ?r "n +ho ,,aCGT r?rT?. ? 199 `LOO nuinor ic Fho noroEn in whom ic voctod tho fo? GWr+or6hinr rleminiOn Or titlo 201 ,. . 202 , 203 . 204 205 , 206 inrl?Fpal, firm, nErPErat*en, gE)VeFRFner??g nny, huSirioSS trUSt, esFa4o, 4rust, 207 paFtRership, , 208 intoroct or ony othor loiral ontity. 209 210 Dnofrlovolnnmonf nOni-lifiOnn aro theSo nenrlitiens that roaSeRahly may ho 211 212 s.,-meEi#oru sittQ „r +r;;„+ Pf 1:;.,,i 213 5 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 Drei^loVe?monf nOni-lifieno oro thnco nnnrli tinnc Whinh o victad hofnro ve etatiGR , , g , and , , L7onoivinrr horliac+ of uiafer shall moari any wator ho`JioG nhannolS Gr , , , 4ednmrePf 06 fino parFinUIate rnatoriae rtetheF FnmT aI or ornnRi? at io in v , , nmnorchin whoro Ianrl rlovolepment ic 4e ho norfnrmorl •+c nart of r+ unit e 234 ?4?rrr??ein}or 235 Cfnrmui?fovrcrrcr r rlefen rcccrrcfiro?r n h.?ni iva?n? n n vi r iJafon vcrcrrcfiro?n hr+c+i iva?nn mo?+ rrrccarnc? i? vcvrrrrvv ata v crn-rrrzr--rr-r-r?- r 236 237 . 238 , 239 permeds. 240 241 Cf?rmui?for mor?oiv?me?na.?iia..?yv???v?ii f f??ilify v mor+neu??v ? u r?lovivrv e? t?h•+4 nOn+rOle? e?tOrm?ir+}or G?TVmTrCr ???? awv?na v awvv? 242 ' , , 243 fhe ^u°^+ity and nunlity +ho norioi-1 of roloase er tho volr)nity of fle.i. Cer r 244 , 245 , 246 . 247 ovnla.???rloc? h?rrn??i Nnitw c oo rlofinorl ir? Fho ni???i ? ?v?niny n ?riJinnnno /Annonrliv A1 ?.v?.?wv.. ...v? ? v.. ? a.?v ?wv? n ?v?w n ? ?? ?v v??r ? ?n ? v? ?an ?ca?,vv 248 249 250 251 252 6 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 r refonfion h'+c+in n L? c?in nfi C?f?rmui for ref mr?nn s n stermuio?or e o o ??? t FnaRageFnen , , ho wever . , , t heFef ore , , , , whethe , , wi+h +ho r?r??iic?innc? ??f +ho si?hrJi?iic nn?? inn ron? ?I?Fi?nc GG ....,, ... ?.............. ... ...? _?_.__._..-- V-ego} f? .+ns aII r+IanF grnvhh, espGGmally trooc, chruh?, vinoc, fornc?, ?,,, 272 . , 273 draoRage . eng, 274 , • 275 276 1/1/for hei-/v mQT?, ??+ !?r??i n•+t? ?r.+l r?r ?+ , Co , r . o vcvvo. r? . in v.i. v. va..vr r?r ??hor -r? G'7--?J--U7-7?'7 . 277 278 sh„e. 279 ?r 280 IA/ arohorl mor+ccrrnc c iJocnfirrr?or) I?.nrl ?±ror iJrn ... ? ...inolJ I-??i ? ... ri. ?ior r?r c?ro?rr+ .. . ?-r-A-cfcrvn ca?rrr.i-r cr ?,. ? ? ? ..... ... ? . . ... ... .... ...... . . 281 282 . 283 284 W? ti.,nds ..., s +h„s.. „ s d„f;.,,,a ;., 68,,+,,.., 140i iovfvo) .,f +ho Ci+., 285 , ?i 2UV v°?ro?..?orl ..nrl n?r??io'ro?•.?o? nn??.,c ?s rlofinorJ in cortinn 'I/1(1') _?f tho (?i+, y.,.?..?.,.. ?,...w ........,y.,.?..,? ..?. ??ioFl. .., ? ___ _ _ -_ 287 Zeninrr nrdinanri?.-no /?r?n ?7-cp?7onrliv A\• r+nr! nnnti`J.?I ?iou?la..?n?c? ?.wv, ..? ? ?e?hir?h 7r?+ Fh?c?o - ? ?..? . ...... ........... 288 , e 289 , 290 , 291 fnr lifo ir? ?•++? ?rn}or-? ? ....?il n?nr ?... ...liFinr??, ?+c ,. irlon?ifiorl nr roforrei-! tn in +ho (?i+.; ? nf ., . .,?...... u..,.,. .. ...... ... - - = 292 ; • UnLs+En Cino Cand• ere?ian nA? ?nls?i Doat fl 293 nr` Cerell flUn ten Ci 7G C nrlG•e I-1 ? 294 ; ; ; 295 , ; 296 297 • 298 299 Ser.. . 300 301 302 subseGt;GR , 303 i , buildiRg, • 304 305 . 306 . 307 308 , inGluding 309 310 c+r, ,,.?T , 311 (2) All , , 312 do.,ol,,.,.,,o„t, 313 ; 314 315 • , 316 eF 317 , 318 , 319 , 320 • 321 322 . 323 . 324 GFoterna: 325 326 . F.GenemiG 327 328 ; 329 tz`The gTa?+rrcrt rg v{ +ho ?eiill nnt: 330 (iGF°•,so tho flow rat« o ?f ???rm?ei? ? ?o,-,,,-o o,ator r? ?r??fF• -o?,«, ... . , 331 , GhanRel, , upstFearn 332 ; 333 ; 334 335 _ . nemElhborhoods; 336 337 338 339 340 341 342 nrReges that aro rlen?Ctl-to ettt?perty E)Wn s ??ih?y cuhiont W tho 343 nrr??ii inn of ?e ChGsaPnnaLe Rny DroE;orvatiEn Are?FdonanGe ani'1 whe aro 344 c?imil?rlv ci?? ?o?orl• , 345 (2) The gr"^ti?^^-of the vnrin? in harrneny with the nurpp?o ar+?J nt nf tho N" 346 °°^p aLo Ray PFeservatien nrrlinanno aniJ iS RnoT_n{ uh??? 347 do+rimont tn wntor nualitv• and , 348 349 ^ro solf_nroatod or colf_irnposoi^I 350 351 SeG. . . 352 353 354 Jaffr?G eT?ffl"IGrm•+tinn fn?the don?m nt Fo evalua}e the onvirowmontal 355 , 356 , 357 . 358 m"-artagem°Y'+ r'I"r' °r'iaii-Ger-Tt iGha'?r., granhrJ_rohloc, phntnnronhc, as- 359 narratove , , 360 apprepriate, . 361 , iill ho 362 RUFnb°r ef tho anrJina , the c??, ir+or }mh?? ?o?i crc? colvnr?por ani-! aII perccr.?vnnc ??ih o.rro n ?? 0 o r -ra rro c 363 . , 364 365 , adjeinoRg , 366 ?hall ho nlo?+rl?i iiJoniifiorl h?i .? ?n All m?nc r?l.?nc? ?n? rlocinnc choll ho r?ror?ororl ., ? ? ....... ..? ....... ? ? ? ?.., ... ? ? ?? ? ?....,. ,. ? .,. . .m .... ?,.. . ... . . ..,. ?...,, p...... ... .... .... ........ y . ... ... ...... .., .. p.. .. ?.,.,.. ...,. , 367 368 . 369 370 ', 371 372 (1) Tha dirontiEn anrl flow rato nf stermwr+For n unoff unrlor ovisFinn nenrlitiens• r 373 (2) Th° I?c??, ?i?n ?f .?+ro?? ?n the c?it?horn nterm?iater r.Ellei++c? Gr nernElater ?--???? ?,,, 374 +"° ^dT- 375 , GORveyaRGe , 376 . 377 ' ,' , ' 378 ; 379 (4) rrE)undwa+or lovolc inrl? ??Jin`r coacnnal fL Unfi ua+ier?c?• e e 380 ' ; 381 (a) vo„o+a+c,,, 382 ; and 383 (9) Sewis. 384 385 ?vj--PToposed'-aTtGr°tinns ef tho sit hall ho i-IoSnrihoi-l in do4ail ir?nl? i?linn• ? 386 387 ; 388 ; 389 390 c.u.-F....i...-. maForial• an?J , 391 • 392 393 394 ho iJo nrihorl in rlotail, innli ?rliny. 395 396 r1\('h-+n..os in wa4or nuality' , 397 (2) Gh.,.,nos ;., nrnundwator io ; 398 399 do,.,-n?? ?'~' „-r {r-?mt; 400 ; ar-Tdt 401 /5\ Imr»n+c nn vonofa}i^n 402 403 ion, 404 TCte{=}tinn Or infiltratiGfl-ei--tl1FRC or fer +ho r?FE)test"GR_ef watGL S Ill^lit?i shall ho ?,? .?... 405 ?eGnrihod in rlot..il ir?nl? ??ir+ir• , 406 407 (1) The , ' i , 408 fFp^^?t +--crte jilie, ,,,+h ., ,. Xos#+Rg-Gend+tieRsr-and, te-##° °ent 409 , ; 410 i , i 411 , • 412 nualitv in aniJ iJr+wns?rom.. ?f ?? ?.?h f?r?ili+io .., ., .,wm . ... ..?.,. . ..,..,....... 413 414 i ; 415 416 , 417 418 . 419 3-OT-s",apter 30 e#the--Gsde-e#t# 420 ; and 421 422 ?eveInpmont ontiVitY 423 424 > > 425 426 t^rmwator m•+nairomont nlan. 427 , 42$ th"s Eri^lin r+ne?, Whinh will eRsuro ro pen ihility fEr tho mnanGe of , 429 430 erd*naRGe ar+iJ whinh Will oncre apprepriate aGGeSS_te S,anh farili+ioc fnr 431 m^q?mienan^° in nontiE R anrl nErrertivo antinn_ e • 432 433 the site develepm°nt ^r^^°°s w;th the wReR GanseRt e#-#e direntnr. CUnh minnr 434 • 435 10 436 dCr.. 7 Drci+nvduroc artrl f'nnn 437 uniess- 438 > > 439 exernpted, 440 , , • 441 442 443 hweiri: 444 445 446 . , , 447 • 448 • 449 • 450 451 452 . , , 453 , 454 455 plan. 456 • , 457 . DUFORg the smxty-d Peroed, the 458 , , 459 460 . d, 461 462 , 463 , • 464 HeweveF, 465 466 467 468 , 469 , , 470 • 471 472 , the 473 , ? ? ? E;eGtien .4 474 603.1 , . 475 . orl 476 ?rnii iEn fGr in pontieR Of the r?r?nort?i Tho r? rnirre?s#anllr ?eiher, n ?oo mc? --- A'??-R?r- Q„-r --a?„ 477 , 478 . 479 480 direGtOF. , 481 . 482 11 13 569 570 . 571 . 572 573 , 574 +H^ d°v°Innmont nn4iVi4y shall ho rotr+inod and nrGtontorl 575 , 576 ' , 577 . r^`, Y ? Rr? • •} Cfh iV?f Qnr}7TiGnl?.. ?? '2 V?f Gnh?+n}orTILCAL4T `2(1 ?f 578 appr?i T TCT }hp Ri ?FA'l Il'SN7TSTff-?TV?T 579 580 581 582 doSiirRorl te rovonotato tho nroa. 583 (g) -SediFneRt shall be Fet-a+r+ed-eR thesot° ^e develepmeRt aGt+v+ty: 584 585 do.,ol,,,,.Y,o.,+ 586 587 }ha+ +ho.. nontinuo W fUnntien PrEnorly 588 , 589 +ho flow rato is Iow or?eunh tn nrovon+ oresien 590 , where , 591 , . 592 , , 593 594 ?+.-, ,,. ?,-?:es. 595 Intormi#ont nhonnols sheuIrl ho vonot'+toi^I 596 , 597 . WateF 598 599 600 hofGro Ianrl i-Iovolenmon?. 601 , GaFe 602 Fnus#be-ta-^k-„--not te ao., E+?-eb„ h.,g #he-wc+l,,.,,,.. ,,d 603 #Fans+t+enal vegetatien-Wetla+ads^^ea a-a,maged--p,.?-z",e-G ^ +,-,,,.+;,,., „f 612 613 614 615 14 616 617 . 618 ' , 619 620 minimUm so+h T?.,.o „F Qt,.,-......,.,to« aGL-. I ?? ?d Existin i Pfeposed ' ?? way ?? " ".y ?? L4-32 Pfepel4 L4fte ? CeTT ee7 ' CeeT D o?o.. ?;vii i2 ., „ /„ „ . i?v?vii?i f ,.. ,.,1 ,..,; t \ ? s= 2-5 2-5 e ' D o?o„+;.,,, 1..,s;.. (; F f ' i?v?tiuiz nil n o tised) ,-,..;., .? .,,.,] /,,,, ,,,,,,,,,a ' ? _ ? ? . '.Deta.r.4io.,. ti.nc.i.. (g«on4o.-4 hnr. 6" ti.t.4 lona, 4 than 18 " Qeep) ' ? ? Detention basin (gfeater- * a „ than ?., ,.. 18 '-' btitless _ 4-9 4-9 `4-9 _ _..... 8 nVI.Vll?o.,t;,,,, ?..,s:? (m.o.,to,.t . L than // ?,,,n 36?? ?,,,t loss ? ? 8 ....... . . ... ............ . THY?ltvatio19 +'YAMeHOn .,,.. . _....._.__."'__ ________ .-..: V .... , , „ „ ,....... . - V ---- ..._.... V...... ...,..... ......... ,,,. ,,,. V _"_,...... ....,?.,.. _.._..?... . .. ..... Do?o,.?,.,., 1...,s„. (1 0.,,- .]o i.v ?vii ?iv ? _ . . ..... . ._... _ ?,ol,,,..,...o„t) ? ._. .. > . . ? . . ?.... .._..... ? . .. _ ..... ....e ,... i'rY-A -------- .. ---- ?? .4-0 -------------- 470 N?A ,..,. . ..___,. _ ...... ._. ._.._. 621 - ...... .... _...? _ . .... _ __ .._ ? ____._ . . 622 623 er }hrZrre tvp- , ' eveF-is-less. 624 625 626 as- , 627 enuFnerated on-a6 a (G) e#-##e-s+te lan ord (A ona nse end+ C) o t# th . p - - pp x sr n- e sE)U eFn 628 wateFshed-s-as eR UFneFated--in-2(a)--af t #e sout"° w ? t r h ' n - a e s, e ?Ta-nageFne 629 630 631 S°^.? ''ff-sote-s-ter-mnFater--ma-qageme^t {a^il:+:ec. 632 633 634 wh-is#-weuld-be-d+sGhaFg°.,.?-Qt Ta#e,s a,R exGeSS e#-theSe ^+"°?se allewed ?R",;? 635 636 ...,.., ?°??°I.,?r?r?n} •?n}i?ii???r i ? .,??nly ?i mf o?+nh .,f +ho fElle?iinry nE r?rlitienc io mot• .N,,m,...,.. w.,??. ? ? ..,u??? ?, . 637 638 639 deSigRed, 640 +h,s erdinnnn&• , 641 ('?) - °Qequate--p?e?+s+efl-?-smade-fsF-R"e--s#aFoRg ^o;-asaa;S,+;,,GE);StFLIEtiE)R, 642 15 643 644 ^f the ntormw.+ter .v. anomori} plan• anrl , 645 646 mi^? ?d. 647 , 648 649 relate +„ the pFE)p9s2d-A#-Site faG??sh9F;FId b2--Fnade a part 6f ., 6„hw,;++od 650 . 651 652 sentiGn 11 ?f this orrlinanno. 653 654 SeG. 11. 11A..nu•.1 of c4or rr?ai•+ter r?.?r»nerr?sr?4 r?r??4i?+os_ ? ' ? J _ ' " _ _ _ _ _ ?_ _ _ _ _ _ _ _ > - - 655 656 , 657 ? 658 659 . 660 . 661 662 663 aRd, 664 , 665 T°cqu{T°d '^ the Formwater maRnnoment planc 666 , opeFatmeR 667 "urta?mr"Ctir'rc°nunn.,., o ?f c??rm??i?+?or mMn•+nomon? fNnilit:°v. , ? ? ? ,,. .,..,. . , , ...,..,.,. , . . . ....y,.,. . .... .. . ..... 668 669 Ses. 12.-Ma+ntepanse: 670 671 672 aeaGh w#eFe the"aFe determ+R??' "?-- y;e deFeGter +b° apprenriatoly a „ar+ „f + 673 674 hy the rlovelenor Or ownor ef the nronorty. 675 , 676 adequate , , ino l+f Fl?e? rL .,f the (?" f (?i+v Gf \/irninia Ror+nh ? norw+it Fh 677 ??,r-?,--?-? t? o„ ???on -,? ?,,,??2 678 aepartment Of nUhlin werLs ... ?? norFnrm maint?n?p?s oT?1 rlrainaG r, .,., .. . ? p? 679 system--as requ;Ted-URder seGtieR-(G) -hero,,, a.,a ;f .,eGess.,r.,take--sUGh ro o .?+ntiOn chn? ?Irl th? dov r? \ r s;ble ? f 680 ee,rT?c?i??i,., oa,?,??elope?e?e?-e?p?rs-?es??n?-,e? 681 .L??}?? 6$2 hr? eGOmos?G?vanger te the puhlin hoal+h or saTp}y. . .. ?N... ?b,G?dc?C qFppX?, .. . ? 683 ..?..N r?r??n?cr?nshin119iTM?.?? .??.?.??.?.? N 684 pv nre °nltil.C}JpeGtttJ1"f-Be{EQkoRg GOFFe.Fitivo antiEn, tlil+ von?.r?or??T ?? Pur cr ? r 685 686 Tegistered--oF eert;n;°d W,.,;l n„st?? ""?Tetut'?;--res°mrequesi°d- te t"p- 687 , 688 known . , 689 690 , 16 zv e dco?iovclc?or, rr???ir?or vwrrcr nr 691 GE)rreG?e aGt{G^, th.. ? nE)St r?f ?ihinh c?h.?+ll ho hillCoC ? ?n 4h ?r -mn nu7r-?vnTr-rrr - v-r 692 . 693 (^) M.+iR+enr+nne in r+e???i?n? c?h?ll ho n?+rFi+rrr?e`J h?i the ?on?rFmon? nf n??hlit? ?etr?r?c On M ? ?...? ..,.. .. ?..r......?.,? .., .,. ..,... ., r.... .... ....,.. .,? ..... .,...r,.,.. ....... .. ... r......... ..... ..,. 694 695 c+^rmwr+tor m•+nnnomoRF fanilitioS to ho ovnoorlorJ. f?H'10 ch??+l?l?hv?mTnin?TiJ in AnnGrdnn o with tho minim?im 696 (d) nrr+inaryo sv =TTJ 697 698 mnn•+now+oRt prr+ntinoS i-loSnrihod in contiGR 11. 699 700 Ser.. 13. . 701 702 /••\ I°•:••n••+:••°•. Any YieI.+FiGn or threaten ftho previsions Of +hic 703 70(} ar1onunte romorly at Iai ' Ai i-lOoS not ovict. 705 . 706 , 707 guilty of a mi6rlemoaner and shr+llcuhjcnF te a fino nfTTnot monro thaR gno 708 , . 709 days, . 710 /n\ Civil penalfies anrl nivil nharnoc+- 711 712 , 713 714 , 715 hv tho r?irn? ?it nr)? ?rt, ? he occoccoiaa .c?uca J c ? n civvil pnonal4?i nEF to o?cvroov?.c-.c ? fi?in ?hn? ?cor?rl s??'r? roov rrroa??crrra 716 dollars , . . 717 (2) Woth GORSont ef any ner69n who hac vrl?-lis v 718 nrdinanno or who hoc vated _ aq??orm Or nOni-lition ef an?i r?rr? , .?.., - 719 , 720 irlo, c? ir? an erd?porl h?i the rlirontEr or tho qon?r}Pui i,-, rmGnt niG 721 , 722 ;? nifcaTriG Gar^?rr: , n?r-rnz? cG eXGP. , . r°c'ac? 723 ,,;?,o;ataen.-SUGh-s+v+l--Gharges-sh„ll h?,,,--Ae Onr-'R • to ,.c,,,l „o.,ai+„ 724 . 725 726 . 727 , 72$ i ..racc?c?? ?o ? a ??ir vrri4?occn n n? rTV?i the nlrivn?unr?F, cr Fh? rosr?or?sihlo r?erGE)n(S) G r.r---rc--CrE? E)f ?? ? pr-n.. 729 onWReF of ?. .. ? qXpp???no of ?iie1aFiOn c?h.?ll n?T ?.,. 730 731 (1) Tho namo onrl ai-lrlress er the E)Wnor roc?r?enc?ihlo norc?r?n/c?\ Or annlinant• ? e 732 , 733 ' ; 734 /3\ A c}atoment sponi?viniv !ho nn}uro ef the vielatie*, 735 736 737 nf SLIrh romodiol antiGn• , 17 738 (a ) A ?taterneR#t#at-UPefl-- #a+iure-te GOFnply ithi„T the time--speGi#Eed, the r?mon? 739 sterF???i?Fwor rv»n? noF?on? Nnlu?r? ? c.??r?d .?II nGorT mitS ? i.T??? ?,7Ror) for Iand rlorvG ?i?Iv??7f77.CTTc ?m?r?u? m?v??a ??? TfTT' ? ???cw??uyv 740 pu'FSuGttrttl-Su +ej--77uiTageriTOnt plan may h77c-ir'CYoIFCF' an'-tFfa?ttic 741 742 743 ; and 744 ' 745 GiFGUot , provmded an nnno'.I is fi}erl wi4hin thirty /30.??ef r.??G&--of 746 . • 747 748 ?-he-Rs#iGe e#-Ymelatoon sla ^ ? l ?.?, -be sep.,ed upon the?; eFSon(.s) +„ ,.,h,,.,, ; • ; re? 749 oir?har h???Jo crcli?v ?i£,r?i at tho si+o r?t. vr f- ??a?'Cttip{?Ct-tt [? -'GtFYtl?i F?e anc`enr c-vT r?le?i°c°r. c-rrr , r? rr 750 , 751 ' , ' , pestage 752 kReWR-ad?ra, ° 753 754 755 do?or,,in.?+i.,?n fr.,?,,inh ?+ u„ n r+nnor+l m.+?i he? t•+Lon to tho nirn? ?it nn? ?r F ?..,m,,.,?..?,,, , m , ??ih,,?,,, . 756 757 (c?? ? Thiv ? .i+..r?vi„rrarr?acshA ? 11--°-r''?rf?-red by the ?'Iircon??acv?r, ?Rrrc n? the v rJon?r?^.?N.?. ?F..n+ of r?? ?hlin ?••? ? • ?? r-crr?m.r? 758 works, 759 dutaes--SUEh-,auther4y shal;--inc dewi „+ I i m i77iQCin n-Z+t7e aut7n ri_te-isrsu;e 760 761 762 763 Ses. ''oeveFab"lwty: 764 765 Eanh s?n?r??o r?r??iic?i?n .,f +hi? ?r?inr+r?no ie? rloo....?... m?rl in?Jor?oniJe?n? ?f II -r?. ?_- r• - • •_._.. ... ...... ....,....,........, ... ....?.? .....?.,?.,.>....,.>... .,. .....? 766 767 deGlaFed , . 768 769 770 771 -- - - ------ ------ -------- -??---?-- -.. __.._ , ........ 772 773 SeG. 16. 774 CGu4herr? 1A/.?fer?herlc M.+r?•+MSrNer?4 ?lrrlir?..r?re.._... _ _ __..,........,_.. ..........?........,..? .........?.. . 775 776 T?:° Y:.. .. .. i i........... oi ?? .. t,e r?.i.esa?.?."i.....?.?v o.,i?o u„ a?u j?' n,.o., w°vi r'ut;,.., n,.o Or-dinanee (n a• F?,a 777 , 778 , 779 , 780 , , 781 782 18 7$3 COMMENT 784 785 The old Appendix D is deleted in its entirety and replaced with the new Appendix D, as 786 required by the new Stormwater regulations which follow 787 788 Sec. 1-1. Purpose and authoritv. 789 790 A. The purpose of this Ordinance is to ensure the qeneral health, safetv, and 791 welfare of the citizens of the Citv of Virqinia Beach and protect the qualitv and quantitv 792 of state waters from the potential harm of unmanaqed stormwater, includinct protection 793 from a land disturbinq activity causinq unreasonable deqradation of properties, water 794 qualitv stream channels and other natural resources, and to establish procedures 795 wherebv stormwater requirements related to water quality and quantity shall be 796 administered and enforced. 797 798 B. This ordinance is adopted pursuant to Article 2.3 (? 62.1-44.15:24 et sep.) of 799 Chapter 3.1 of Title 62.1 of the Code of Virqinia and in compliance with 9VAC25-870- 800 10 et sep. of the Virqinia Stormwater Manaqement Requlations. 801 802 COMMENT 803 804 Pursuant to Virginia Code § 62.1-44.15:24 et seq., this ordinance is adopted as part of an 805 initiative to integrate the City of Virginia Beach stormwater management requirements into a 806 unified stormwater program. The stormwater program is intended to facilitate the submission and 807 approval of plans, issuance of permits, payment of fees, and coordination of inspection and 808 enforcement activities into a more convenient and efficient manner for both the City of Virginia 809 Beach and those responsible for compliance with these programs. 810 811 Sec. 1-2. Stormwater manaqement proaram established. 812 813 Pursuant to $ 62.1-44.15:27 of the Code of Virqinia, the City of Virqinia Beach 814 herebv establishes a Virqinia stormwater manaqement proqram for land-disturbinq 815 activities and adopts the applicable Requlations that specifv standards and 816 specifications for VSMPs promulqated bv the State Board for the purposes set out in 817 Section 1-1 of this Ordinance. The City Council of the City of Virqinia Beach hereby 818 desiqnates the City Manaqer, or his desiqnee(s), as the Administrator of the Virqinia 819 stormwater manaqement program. 820 821 COMMENT 822 823 This paragraph establishes the Stormwater Management Program for the City of Virginia 824 Beach as required by Virginia Code. The City Manager or his designees are designated as the 825 Administrator of the Program. Public Works and Public Utilities are the Administrators for their 826 respective CIP and other projects. Planning is the Administrator for all private projects. 827 828 Sec. 1-3. Definitions. 829 830 In addition to the definitions set forth in 9VAC25-870-10 of the Virqinia 831 Stormwater Manaaement Reaulations, as amended, which are expressly adopted and 19 832 incorporated herein bv reference, the followinq words and terms used in this Ordinance 833 have the followinq meanings unless otherwise specified herein. V1lhere definitions differ, 834 those incorporated herein shall have precedence. 835 836 "Administrator" means the Citv Manaqer, or his desiqnee(s). 837 . 838 "Aqreement in lieu of a stormwater management plan" means a contract between 839 the VSMP authoritv and the owner or permittee that specifies methods that shall be 840 implemented to comqly with the requirements of a VSMP for the construction of a 841 sinqle-familv residence; such contract mav be executed bv the VSMP authoritv in lieu of 842 a stormwater management plan. 843 844 "Applicant" means any person submittinq an application for a permit or 845 requestinq issuance of a permit under this Ordinance. 846 847 "Best management practice" or "BMP" means schedules of activities, prohibitions 848 of practices, includinct both structural and nonstructural practices maintenance 849 procedures, and other management practices to prevent or reduce the pollution of 850 surFace waters and qroundwater svstems from the impacts of land-disturbinq activities. 851 852 "Channel" means a natural or manmade waterwav. 853 854 "Chesapeake Bav Preservation Act land-disturbinp activitv" means a land- 855 disturbinq activitv includinq clearinq, qradinq, or excavation that results in a land 856 disturbance equal or qreater than 2,500 square feet and less than one acre in all areas 857 of iurisdictions desiqnated as subiect to the Chesapeake Bav Preservation Area 858 Desiqnation and Manaqement Requlations (9VAC25-830) adopted pursuant to the 859 Chesapeake Bav Preservation Act. 860 861 "Common plan of development or sa/e" means a contiquous area where separate 862 and distinct construction activities mav be takinq place at different times on different 863 schedules. 864 865 "Construction activitv" means any clearinq, qradinq or excavation associated with 866 larqe construction activitv or associated with small construction activitv. 867 868 "Control measure" means anv best management practice or stormwater facilitv 869 or other method used to minimize the discharqe of pollutants to state waters. 870 871 "Clean Water AcY" or "CWA" means the federal Clean Water Act (33 U.S C 872 §1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or 873 Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500 as 874 amended bv Public Law 95-217, Public Law 95-576 Public Law 96-483 and Public Law 875 97-117, or anv subsequent revisions thereto. 876 877 "Department" means the Department of Environmental Quality. 878 20 879 "Development" means land disturbance and the resultinq landform associated 880 with the construction of residential, commercial, industrial, institutional, recreation, 881 transportation or utility facilities or structures or the clearinq of land for non-aqricultural 882 or non-silvicultural purposes. . 883 884 "Drainaqe area" means a land area, water area, or both from which runoff flows 885 to a common qoint. 886 887 "Floodinq" means a cteneral or temporarv condition of partial or complete 888 inundation of normally dry land areas from: 889 890 (a) The overFlow of inland or tidal waters, 891 (b) The unusual and rapid accumulation or runoff of surface waters from any 892 source, or 893 (c) Mudflows, which area proximately caused bv floodinq as defined in paraqraph 894 (1)(b) of this definition and are akin to a river of liquid and flowinq mud on the 895 surFaces of normally dry land areas, as when earth is carried bv a current of 896 water and deposited alonq the path of the current. 897 898 The collapse or subsidence of land alonq the shore of a lake or other bodv of 899 water as a result of erosion or undermininq caused by waves or currents of water 900 exceedinq anticipated cvclical levels or suddenly caused by an unusually hiqh water 901 level in a natural body of water, accompanied bv a severe storm, or bv an unanticipated 902 force of nature such as flash flood or an abnormal tidal surqe, some similarly unusual 903 and unforeseeable event that results in floodinq as defined above. 904 905 "Floodplain" means anv land area susceptible to beinq inundated by water from 906 any source. 907 908 "General permit" means the state permit titled GENERAL PERMIT FOR 909 DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES found in 910 Chapter 880 (9VAC25-880-1 et sep.) of the Requlations authorizina a cateqorv of 911 discharqes under the CWA and the Act within a qeoqraphical area of the 912 Commonwealth of Virqinia. 913 914 "Hydroloqic Unit Code" or "HUC" means a watershed unit established in the most 915 recent version of Virginia's 6th Order National Watershed Boundary Dataset unless 916 specifically identified as another order. 917 918 "Impervious cover" means a surface composed of material that siqnificantly 919 impedes or prevents natural infiltration of water into soil. 920 921 "Land disturbance"or "land-disturbinq activitv" means a man-made chanqe to the 922 land surface that potentially chanqes its runoff characteristics includinq clearinq, 21 923 qradinq, or excavation except that the term shall not include those exemptions specified 924 in Section 1-4 of this Ordinance. 925 926 "Larqe construction activitv" means construction activity includinq clearinq, 927 qradinq and excavation, except operations that result in the disturbance of less than five 928 acres of total land area. Larqe construction activity also includes the disturbance of less 929 than five acres of total land areas that is a part of a laraer common plan of development 930 or sale if the larger common plan will ultimately disturb five acres or more. Larae 931 construction activitv does not include routine maintenance that is performed to maintain 932 the oriqinal line and qrade, hydraulic capacity, or oriqinal purpose of the facilitv. 933 934 "LayouY' means a conceptual drawinq sufficient to provide for the specified 935 stormwater manaqement facilities required at the time of approval. 936 937 "Linear development project" means a land-disturbinq activitv that is linear in 938 nature such as, but not limited to, (i) the construction of electric and telephone utility 939 lines, and natural qas pipelines; (ii) construction of tracks, riqhts-of-way, bridqes, 940 communication facilities and other related structures of a railroad companv; (iii) hiqhway 941 construction proiects; (iv) construction of stormwater channels and stream restoration 942 activities; and (v) water and sewer lines. Private subdivision roads or streets shall not 943 be considered linear development proiects. 944 945 "Malor municipal separate storm sewer outfall" or "major outfall" means a 946 municipal separate storm sewer outFall that discharqes from a sinqle qipe with an inside 947 diameter of 36 inches or more or its equivalent (discharqe from a sinqle convevance 948 other than circular pipe which is associated with a drainaqe areas of more than 50 949 acres); or for municipal separate storm sewers that receive stormwater from lands 950 zoned for industrial activitv (based on comprehensive zoning plans or the equivalent), 951 with an outFall that discharqes from a sinqle pipe with an inside diameter of 12 inches or 952 more or from its equivalent (discharqe from other than a circular pipe associated with a 953 drainaae areas of two acres or more). 954 955 "Minor modification" means an amendment to an existinq qeneral permit before 956 its expiration not requirinq extensive review and evaluation includinq, but not limited to, 957 changes in EPA promulaated test protocols, increased monitorina frequency 958 requirements, chanaes in samplinq locations, and changes to compliance dates within 959 the overall compliance schedules. A minor qeneral permit modification or amendment 960 does not substantiallv alter qeneral permit conditions, substantially increase or decrease 961 the amount of surface water impacts, increase the size of the operation, or reduce the 962 capacity of the facilitv to protect human health or the environment. 963 964 "Natural channel desiqn concepts" means the utilization of enqineerinq analysis 965 based on fluvial qeomorphic processes to create, rehabilitate, restore, or stabilize an 966 open convevance system for the purpose of creatinq or recreatinq a stream that 967 convevs its bankfull storm event within its banks and allows laraer flows to access its 968 floodplain. 969 22 970 "Natural stream" means a tidal or nontidal watercourse that is part of the natural 971 topoqraphy. It usually maintains a continuous or seasonal flow durinq the year and is 972 characterized as being irreqular in cross-section with a meanderinq course. Constructed 973 channels such as drainaqe ditches or swales shall not be considered natural streams; 974 however, channels desiqned utilizinq natural channel desiqn concepts mav be 975 considered natural steams. 976 977 "Nonpoint source pollution" means pollution such as sediment, nitroqen, 978 ?hosphorous, hvdrocarbons, heavv metals, and toxics whose sources cannot be 979 pinpointed but rather are washed from the land surface in a diffuse manner bv 980 stormwater runoff. 981 982 "Operator" means the owner or operator of anv facilitv or activitv subiect to the 983 Act and this chapter. In the context of stormwater associated with a larqe or small 984 construction activity or Chesapeake Bav Preservation Act land-disturbinq activitv, 985 operator means anv person associated with a construction proiect that meets either of 986 the foll_owing two criteria: (i) the person has direct operation control over construction 987 plans and specifications, includinq the ability to make modifications to those plans and 988 specifications or (ii) the person has dav-to-day operational control of those activities at a 989 proiect that are necessary to ensure compliance with a stormwater pollution prevention 990 plan for the site or other state permit or VSMP authoritv permit conditions (i.e., they are 991 authorized to direct workers at a site to carrv out activities reauired bv the stormwater 992 pollution prevention qlan or comply with other permit conditions). In the context of 993 stormwater discharqes from Municipal Separate Storm Sewer Svstems (MS4s), 994 operator means the operator of the requlated MS4 svstem. 995 996 "Outfall" means, when used in reference to municipal separate storm sewers, a 997 point source at the point where a municipal seqarate storm sewer discharqes to surface 998 waters and does not include open convevances connectinq two municipal separate 999 storm sewers, or pipes, tunnels or other convevances with connected seqments of the 1000 same stream or other surFace waters and are used to convev surface waters. 1001 1002 "Owner" means the Commonwealth or anv of its political subdivisions includinq, 1003 but not limited to, sanitation district commissions and authorities, and any public or 1004 private institution, corporation, association, firm or company orqanized or existinq under 1005 the laws of this or anv other state or countrv, or anv officer or aqencv of the United 1006 States, or any person or qroup of persons actinq individuallv or as a qroup that owns 1007 operates, charters, rents, or otherwise exercises control over or is responsible for any 1008 actual or potential discharqe of sewaqe, industrial wastes, or other wastes or pollutants 1009 to state waters, or any facility or operation that has the capability to alter the physical 1010 chemical, or bioloqical properties of state waters in contravention of ? 62.14-44.5 of the 1011 Code of Virqinia, the Act and this chapter. 1012 1013 "Peak flow rate" means the maximum instantaneous flow from a prescribed 1014 desiqn storm at a particular location. 1015 1016 "Percent impervious" means the impervious area within the site divided by the 1017 area of the site multiplied by 100. 23 1018 1019 "Permit" or "VSMP Authoritv Permit" means an approval to conduct a land- 1020 disturbinq activity issued bv the Administrator for the initiation of a land-disturbinq 1021 activitv, in accordance with this Ordinance, . and which may only be issued after 1022 evidence of qeneral permit coveraqe has been provided by the Department, if required. 1023 1024 "Permittee" means the person to whom the VSMP Authoritv Permit is issued. 1025 1026 "Person" means anv individual, corporation, partnership, association, state, 1027 municipalitv, commission, or political subdivision of a state, qovernmental body, 1028 includinq federal, state, or local entity as applicable, any interstate body or any other 1029 leqal entity. 1030 1031 "Point of dischar.qe" means a location at which concentrated stormwater runoff is 1032 released. 1033 1034 "Pollutant discharqe" means the averaqe amount of a particular pollutant 1035 measured in pounds per year or other standard reportable unit as appropriate, delivered 1036 bv stormwater runoff. 1037 1038 "Pollution" means such alteration of a physical, chemical or bioloqical properties 1039 of any state waters as will or is likely to create a nuisance or render such waters (a) 1040 harmful or detrimental or iniurious to the public health, safety or welfare, or to the health 1041 of animals, fish or aquatic life; (b) unsuitable with reasonable treatment for use as 1042 present or possible future sources of public water supply; or (c) unsuitable for 1043 recreational, commercial, industrial, aaricultural, or other reasonable uses, provided that 1044 (i) an alteration of the physical, chemical, or bioloqical propertv of state waters, or a 1045 discharqe or deposit of sewaqe, industrial wastes or other wastes to state waters by any 1046 owner which bv itself is not sufficient to cause pollution, but which in combination with 1047 such alteration of or discharqe or deposit to state waters by other owners, is sufficient to 1048 cause pollution; (ii) the discharqe of untreated sewaqe by any owner into state waters; 1049 and (iii) contributina to the contravention of standards of water qualitv duly established 1050 by the State Water Control Board, are "pollution" for the terms and purposes of this 1051 chapter. 1052 1053 "Postdevelopment" refers to conditions that reasonablv may be expected or 1054 anticipated to exist after completion of the land development activitv on a specific site. 1055 1056 "Predevelopment" refers to the conditions that exist at the time that plans for the 1057 land development of a tract of land are submitted to the VSMP authority. Where phased 1058 development or plan approval occurs (preliminary qradinq, demolition of existinq 1059 structures, roads and utilities, etc.), the existinq conditions at the time prior to the first 1060 item beinp submitted shall establish predevelopment conditions. 1061 1062 "Prior developed lands" means land that has been previously utilized for 1063 residential, commercial, industrial, institutional, recreation, transportation or utilitv 1064 facilities or structures, and that will have the impervious area associated with those uses 1065 altered durinq a land-disturbinq activity. 24 1066 1067 "Qualified personnel" means a person knowiedqeable in the principles and 1068 practices of erosion and sediment and stormwater management controls who 1069 possesses the skills to assess conditions at the construction site for the operator that 1070 could impact stormwater qualitv and auantity and to assess the effectiveness of any 1071 sediment and erosion control measures or stormwater manaqement facilities selected to 1072 control the quality and quantitv of stormwater discharges from the construction activitv. 1073 For VSMP authorities this requires the use of a person who holds a certificate of 1074 competency from the board in the area of proiect inspection for ESC and proiect 1075 inspection for SWM or combined administrator for ESC and combined administrator for 1076 SWM as defined in 9VAC25-850-10 or a combination of ESC and SWM qualifications 1077 from these two area. 1078 1079 "Requlations" means the Virqinia Stormwater Manaqement Proqram (VSMP) 1080 Requlations, 9VAC25-870, as amended. 1081 1082 "Runoff coefficienY" means the fraction of total rainfall that will appear at a 1083 conveyance asrunoff. 1084 1085 "Runoff" or "stormwater runoff" means that portion of precipitation that is 1086 discharqed across the land surface or throuqh conveyances to one or more waterways. 1087 1088 "Runoff characteristics" include maximum velocity, peak flow rate, volume, and 1089 flow duration. 1090 1091 "Runoff volume" means the volume of water that runs off the site from a 1092 prescribed desiqn storm. 1093 1094 "Schedule of compliance" means a schedule of remedial measures included in a 1095 state permit, including an enforceable sequence of interim requirements (for example, 1096 actions, operations, or milestone events) leadinq to compliance with the Act, the CWA 1097 and requlations. 1098 1099 "Site" means the land or water area where any facility or land-disturbinq activity 1100 is phvsically located or conducted, includina adiacent land used or preserved in 1101 connection with the facilitv or land-disturbina activitv. Areas channelward of inean low 1102 water shall not be considered part of a site. 1103 1104 "Site hvdrology" means the movement of water on, across, throuqh and off the 1105 site as determined bv parameters includinq, but not limited to, soil tvpes, soil 1106 permeability, veqetative cover, seasonal water tables, slopes, land cover, and 1107 impervious cover. 1108 1109 "Small construction activitv" means 1110 1111 1. Construction activities includinq clearinq, qradinq, and excavatinq that results 1112 in land disturbance of equal to or qreater than one acre, and less than five 1113 acres. Small construction activitv also includes the disturbance of less than 25 1114 one acre of total land area that is part of a larqer common plan of 1115 development of sale if the larqer common plan will ultimatelv disturb equal to 1116 or qreater than one and less than five acres. Small construction activity does 1117 not include routine maintenance that is perFormed to maintain the oriqinal line 1118 and_qrade, hydraulic capacity, or oriqinal purpose of the facilitv. The board 1119 may waive the otherwise applicable requirements in a qeneral permit for a 1120 stormwater discharqe from construction activities that disturb less than five 1121 acres where stormwater controls are not needed based on a"total maximum 1122 daily load" (TMDL) that addresses the pollutant(s) of concern or, for 1123 non_impaired waters that do not require TMDLs, an equivalent analvsis that 1124 determines allocations for small construction sites for the pollutant(s) of 1125 concern or that determines that such allocations are not needed to protect 1126 water quality based on consideration of existinq in-stream concentrations, 1127 expected qrowth in pollutant contributions from all sources, and a marqin of 1128 safety. For the purpose of this subdivision, the pollutant(s) of concern include 1129 sediment or a parameter that addresses sediment (such as total suspended 1130 solids, turbiditv or siltation) and anv other pollutant that has been identified as 1131 a cause of impairment of any water bodv that will receive a discharqe from 1132 the construction activitv. The operator must certify to the board that the 1133 construction activitv will take place and stormwater discharqes will occur, 1134 within the drainaae area addressed by the TMDL or equivalent analvsis. 1135 1136 2. Any other construction activitv desiqnated bv the either board or the EPA 1137 reqional administrator, based on the potential for contribution to a violation of 1138 a water quality standard or for siqnificant contribution of pollutants to surface 1139 waters. 1140 1141 "Special Flood Hazard Area" means the land in the floodplain subject to a one (1) 1142 percent or qreater chance of beinq flooded in anv given year as set forth in the 1143 Floodplain Ordinance (Appendix K). 1144 1145 "State" means the Commonwealth of Virqinia. 1146 1147 "State Board" means the State Water Control Board. 1148 1149 "State permit" means an approval to conduct a land-disturbinq activity issued bv 1150 the State Board in the form of a state stormwater individual permit or coveraqe issued 1151 under a state aeneral permit or an approval issued by the State Board for stormwater 1152 discharqes from an MS4. Under these state permits, the Commonweatth imposes and 1153 enforces requirements pursuant to the federal Clean Water Act and requlations the 1154 Virqinia Stormwater Manaqement Act and the Requlations. 1155 1156 "State Water Control Law" means Chapter 3.1 M2.1-44.2 et sep.) of Title 62.1 1157 of the Code of Virqinia. 1158 1159 "State waters" means all water, on the surFace and under the qround wholly or 1160 partiallv within or borderinq the Commonwealth or within its iurisdiction includinq 1161 wetlands. 26 1162 1163 "Stormwater" means precipitation that is discharqed across the land surFace or 1164 throuqh convevances to one or more waterwavs and that mav include stormwater 1165 runofif, snow melt runoff,.and surFace runoff and drainaae. 1166 1167 "StormwaterAppeals Board" is the appeal authority desianated by Citv Council to 1168 hear appeals from any permit applicant or permittee, or person subject to Ordinance 1169 requirements, actqrieved bv anv action of the City taken in reqard to the Ordinance 1170 without a formal hearinq. The Board shall be appointed bv Citv Council and shall 1171 consist of six (6) members, one (1) from the Department of Planninq, one (1) from the 1172 Department of Public Works, one (1) from the Department of Public Utilities and three 1173 (3) citizen members. The city attornev or his designee shall serve as leqal counsel to 1174 the Stormwater Appeals Board. 1175 1176 "Stormwater convevance system" means a combination of drainaqe components 1177 that are used to convev stormwater discharae, either within or downstream of the land- 1178 disturbinq activity. This includes: 1179 1180 1. "Manmade stormwater conveyance svstem" means a pipe, ditch, veqetated 1181 swale, or other stormwater convevance system constructed bv man except 1182 for restored stormwater convevance systems; 1183 1184 2. "Natural stormwater conveyance system" means the main channel of a 1185 natural stream and the flood-prone area adiacent to the main channel; or 1186 1187 3. "Restored stormwater conveyance system" means a stormwater conveyance 1188 svstem that has been desiqned and constructed usinq natural channel desiqn 1189 concepts. Restored stormwater convevance systems include the main 1190 channel and the flood-prone area adiacent to the main channel. 1191 1192 "Stormwater discharqe associated with construction activity" means a discharqe 1193 of stormwater runoff from areas where land-disturbinq activities (e.q., clearinq, qrading1 1194 or excavation); construction materials or equipment storaae or maintenance (e.q., fill 1195 piles, borrow area, concrete truck washout, fuelinq); or other industrial stormwater 1196 directlv related to the construction process (e.q., concrete or asphalt batch plants are 1197 located. 1198 1199 "Stormwater manaqement facilitv" means a control measure that controls 1200 stormwater runoff and chanqes the characteristics of that runoff including, but not 1201 limited to, the quantity and auality, the period of release or the velocity of flow. 1202 1203 "Stormwater mana.qement plan" means a document(s) containinq material 1204 describinq methods for complyina with the requirements of Section 1-6 of this 1205 Ordinance. 1206 1207 "Stormwater Pollution Prevention Plan" or "SWPPP" means a document that is 1208 prepared in accordance with qood enqineerinq practices and that identifies potential 1209 sources of pollutants that may reasonablv be expected to affect the quality of 27 1210 stormwater discharqes from the construction site, and otherwise meets the 1211 requirements of this Ordinance. In addition the document shall identifv and require the 1212 implementation of control measures, and shall include, but not be limited to the inclusion 1213 of or the incorporation by reference of, an approved erosion and sediment control plan, 1214 an approved stormwater manaqement plan, and a pollution prevention plan. 1215 1216 "Subdivision" means the same as defined in Section 1.4 of the Subdivision 1217 Requlations of the City of Virqinia Beach fAppendix Bl. 1218 1219 "Total maximum daily load" or "TMDL" means the sum of the individual 1220 wasteload allocations for point sources, load allocations for nonpoint sources, natural 1221 backctround loadinq and a marqin of safetv. TMDLs can be expressed in terms of either 1222 mass per time toxicity or other appropriate measure. The TMDL process provides for 1223 point versus nonpoint source trade-offs. 1224 1225 "Virginia Stormwater BMP Clearin.qhouse Website" means a website that 1226 contains detailed desiqn standards and specifications for control measures that may be 1227 used in Virqinia to comply with the requirements of the Virqinia Stormwater 1228 Manaqement Act and associated requlations. 1229 1230 "Virqinia Stormwater Manaqement Act" or "Act" means Article 2.3 (§62.1- 1231 44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virqinia. 1232 1233 "Virqinia Stormwater Manaqement Handbook" means a collection of pertinent 1234 information that provides qeneral quidance for compliance with the Act and associated 1235 requlations and is developed bv the department with advice from a stakeholder advisorv 1236 committee. 1237 1238 "Virginia Stormwater Manaqement Program" or "VSMP" means a proqram 1239 approved by the State Board after September 13, 2011, that has been established bv a 1240 localitv to manape the quality and quantitv of runoff resultinq from land-disturbinq 1241 activities and shall include such items as local ordinances, rules, permit requirements, 1242 annual standards and specifications, policies and quidelines, technical materials, and 1243 requirements for plan review, inspection, enforcement, where authorized in this article, 1244 and evaluation consistent with the reauirements of this article and associated 1245 requlations. 1246 1247 "Virqinia Stormwater Manaqement Pro.pram authority" or "VSMP authority" 1248 means an authoritv approved by the State Board after September 13, 2011, to operate 1249 a Virqinia Stormwater Manaqement Proqram. 1250 1251 COMMENT 1252 1253 These definitions are taken from the regulations and the model ordinance. Section 1-3 does 1254 contain more definitions than the model ordinance, as those definitions that might be helpful to 1255 citizens have also been added. 1256 28 1305 bona fide aqricultural or improved pasture use as described in Subsection B 1306 of $ 10.1-1163 of Article 9 of Chapter 11 of Title 10.1 of the Code of Virqinia; 1307 1308 3. Sinqle-familv residences separately built and disturbinq less than one acre 1309 and not part of a laraer common plan of development or sale, includinq 1310 additions or modifications to existinq sinqle-family detached residential 1311 structures unless the land disturbance is located in the Chesapeake Bay 1312 watershed. In the Chesapeake Bay watershed, sinqle-familv residences 1313 separately built and disturbinq less than 2500 square feet are exempt; 1314 1315 4. Land disturbinq activities that disturb less than one acre of land area, and not 1316 part of a larqer common plan of development or sale, except in areas 1317 desiqnated by the City as subiect to the Chesapeake Bay Preservation Area 1318 Desiqnation and Manaqement Requlations where land disturbinq activities 1319 less than 2500 square feet are exempt; 1320 1321 5. Discharges to a sanitary sewer; 1322 1323 6. Activities under a State or federal reclamation proctram to return an 1324 abandoned propertv to an aqricultural or open land use; 1325 1326 7. Routine maintenance that is performed to maintain the oriqinal line and qrade, 1327 hydraulic capacity, or oriqinal construction of the proiect. The pavinq of an 1328 existinq road with a compacted or impervious surface and reestablishment of 1329 existinq associated ditches and shoulders shall be deemed routine 1330 maintenance if perFormed in accordance with this Subsection; and 1331 1332 8. Conducting land-disturbinq activities in response to a public emerqency 1333 where the related work requires immediate authorization to avoid imminent 1334 endanqerment to human health or the environment. In such situations, the 1335 Administrator shall be advised of the disturbance within seven davs of 1336 commencinq the land-disturbinq activity and compliance with the 1337 administrative requirements of subsection A. is required within 30 days of 1338 commencinq the land-disturbinq activity. 1339 1340 COMMENT 1341 1342 This section establishes the Stormwater Management Program for the City of Virginia 1343 Beach as required by Virginia Code. The City Manager or his designees are designated as the 1344 Administrator of the Program. Public Works and Public Utilities are the Administrators for their 1345 respective CIP and other projects. Planning is the Administrator for all private projects. 1346 1347 Sec. 1-5. Submission and approval of plans. 1348 1349 A. No VSMP authority permit shall be issued by the Administrator, until the followinq 1350 items have been submitted to and approved bv the Administrator as prescribed herein: 1351 30 1352 1. A plan review packaqe that includes a qeneral permit reaistration statement, if 1353 required. Reqistration statements are not required for detached sinqle-familv 1354 home construction within or outside of a common plan of development or 1355 sale• however the such construction must adhere to the requirements of the 1356 qeneral permit; 1357 1358 2. An erosion and sediment control plan approved in accordance with the Citv of 1359 Virqinia Beach Erosion and Sediment Control Ordinance (Chapter 30); 1360 1361 3. A stormwater manaqement plan that meets the requirements of Section 1-6 of 1362 this Ordinance or an executed aqreement in lieu of a stormwater 1363 manaqement plan; and 1364 1365 4. When the develoqment of property is proposed, a site plan or subdivision 1366 construction plan incorporatinq all applicable requirements of the Subdivision 1367 Regulations (Appendix B) and Site Plan Ordinance (Appendix C). 1368 1369 B. No VSMP authority permit shall be issued until evidence of qeneral permit 1370 coveraqe is obtained, if required. 1371 1372 C. No VSMP authority permit shall be issued until the fees required to be paid 1373 pursuant to Section 1-33, are received, and a reasonable performance bond required 1374 pursuant to Section 1-34 of this Ordinance has been accepted. 1375 1376 D. No VSMP authoritv permit shall be issued until the Stormwater Manaqement 1377 Facilitv Maintenance Aqreement is submitted and approved pursuant to Section 1-28 of 1378 this Ordinance. 1379 1380 E. No VSMP authoritv permit shall be issued unless and until the permit application 1381 and attendant materials and supportinp documentation demonstrate that all land 1382 clearina, construction, disturbance, land development and drainaqe will be done 1383 accordinq to the approved plan. 1384 1385 F. No qradinq, buildina or other local permit shall be issued for a propertv unless a 1386 VSMP authoritv permit has been issued bv the Administrator, unless such activity is 1387 exempt. 1388 1389 G. No VSMP authoritv permit shall be issued until an Aqreement in Lieu of a 1390 Stormwater Plan, if required, has been executed, submitted and approved. 1391 1392 COMMENT 1393 1394 This section establishes the requirements for the VSMP authority permit--Stormwater 1395 Management Plan, Construction General Permit registration, approved erosion and sediment 1396 control plan, fees paid and a construction plan. 1397 1398 Sec. 1-6. Stormwater manaaement ulan: content of plan. 1399 31 1400 A. The Stormwater Manaqement Plan, required in Section 1-4 of this Ordinance, 1401 must applv the stormwater manaaement technical criteria set forth in Sections 1-10 1402 through 1-19 and 1-22 through 1-27 of this Ordinance to the entire site or common plan 1403 of development or sale where applicable, consider all sources of surface runoff and all 1404 sources of surFace and qroundwater flows converted to surface runoff. Individual lots in 1405 new residential, commercial or industrial developments shall not be considered 1406 separate land-disturbinq activities. Approved stormwater manaqement plans for 1407 residential, commercial or industrial subdivisions qovern the individual parcels within 1408 that plan throuqhout the development life of the lots even with subsequent owners. 1409 1410 The Stormwater Manaqement Plan shall include the followinq information: 1411 1412 1. Information on the type and location of stormwater discharqes; information on 1413 the features to which stormwater is beinq discharqed includinq surface waters 1414 and the predevelopment and postdevelopment drainage areas; 1415 1416 2. Contact information includinq the name, address, and telephone number of 1417 the owner, and the applicant if not the owner, and the GPIN and parcel 1418 number of the propertv or properties affected; 1419 1420 3. A narrative that includes a description of current site conditions and final site 1421 conditions; 1422 1423 4. A qeneral description of the proposed stormwater manaqement facilities and 1424 the mechanism through which the facilities will be operated and maintained 1425 after construction is comalete: 1426 1427 5. Information on the proposed stormwater manaqement facilities, includinq: 1428 1429 i. The tvpe of facilities; 1430 ii. Location, includina aeographic coordinates expressed in U.S. Survev 1431 Feet and based on the Virginia State Plane Coordinate System, South 1432 Zone, NAD 1983/1993 (Hiqh Accuracy Reference Network) (HARN) or 1433 Latitude and Longitude; 1434 iii. Area treated, measured in square feet and acreaqe; and 1435 iv. The surface waters into which the facilitv will discharqe. 1436 1437 6. Hydroloqic and hydraulic computations, includinq runoff characteristics; 1438 1439 7. Documentation and calculations verifvinq compliance with the water quality 1440 and quantity requirements of Sections 1-10 through 1-19 or 1-22 through 1-27 1441 of this Ordinance. 1442 1443 8. A map or maps of the site that depicts the topoqraphv of the site and 1444 includes: 1445 1446 i. All contributina drainaqe areas; 32 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1457 1458 1459 1460 1461 1462 1463 1464 1465 1466 1467 1468 1469 1470 1471 1472 1473 1474 ii. Existinq streams ponds culverts ditches wetlands other water bodies, and floodplains; iii. Soil tvpes forest cover, and other veqetative areas; iv. Current land use includinq existinq structures, roads, and locations of known utilities and easements; v. Sufficient information on adioininq parcels to assess the impacts of stormwater from the site on these parcels; vi. The limits of clearinq and qradinq and the proposed drainaqe patterns on the site; vii. Proposed buildinqs roads parkinq areas utilities and stormwater management facilities; viii. Proposed land use with tabulation of the percentaqe of surface area to be adapted to various uses includinq but not limited to planned locations of utilities, roads, and easements; ix. All Chesapeake Bav Preservation Area desiqnations of Resource Protection Areas, includinq variable width buffers; X. All Southern Watershed buffers and nontidal wetlands, pursuant to Appendix G of the Virqinia Beach Citv Code; and xi. Any other information reasonablv necessary for an evaluation of the development activity. B. If an operator intends to meet the water qualitv or quantitv requirements set forth in Sections 1-10 throuqh 1-19 and 1-22 throuqh 1-27 of this Ordinance throuqh the use of off-site compliance options where applicable then a letter of availability from the off- site provider must be included. Approved off-site options must achieve the necessary nutrient reductions prior to the commencement of the applicant's land-disturbinq activitv except as otherwise allowed bv § 62.1-44.15:35 of the Code of Virainia. 1475 C. If an operator intends to meet the water qualitv and quantity requirements 1476 available in an existinq off-site reqional or locally shared stormwater manaqement 1477 facilitv pursuant to a previously approved plan, documentation shall be required 1478 indicatinq that the facility meets the qualitv and quantitv technical criteria set forth in 1479 Sections 1-10 throuqh 1-19 and 1-22 throuqh 1-27 of this Ordinance and that a 1480 Stormwater Manaqement Facilities Maintenance Aqreement acceptable to the City has 1481 been recorded and that all necessarv easements are in place to access and utilize the 1482 Stormwater Manaqement Facilitv. 1483 1484 D. Elements of the stormwater manaqement plans that include activities requlated 1485 under Chapter 4($54.1-400 et seq.) of Title 54.1 of the Code of Virqinia shall be 1486 appropriately sealed and siqned bv a professional reaistered in the Commonwealth of 1487 Virqinia pursuant to Article 1(§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code 1488 of Virqinia. 1489 1490 E. A maintenance aqreement and adequate easements, executed and recorded to 1491 ensure responsibility for the maintenance of any stormwater manaqement facilities 1492 constructed under the requirements of this ordinance, unless exempted from this 33 1493 requirement under section 1-28 and to ensure appropriate access to such facilities for 1494 maintenance, inspection and corrective action. 1495 1496 1497 COMMENT 1498 1499 This section lists the items that must be provided to the City in the Stormwater 1500 Management Plan, including specific information in regard to the stormwater facilities, 1501 documentation and calculations, a maintenance agreement, topographic maps and contact 1502 information. 1503 1504 Sec. 1-7. Review of stormwater manaqement plans. 1505 1506 A. The Administrator shall review stormwater manaqement plans and shall approve 1507 or disapprove a stormwater manaqement plan accordinq to the followinq: 1508 1509 1. The Administrator shall determine the completeness of a plan submittal 1510 packaqe in accordance with Section 1-6 of this Ordinance, and shall notify the 1511 applicant in writing of such determination, within 15 calendar davs of receipt. 1512 If the plan is deemed to be incomplete, the above written notification shall 1513 contain the reasons the plan submittal packaqe is deemed incomplete. 1514 1515 2. The Administrator shall have an additional 60 calendar davs from the date of 1516 the communication of completeness to review the plan, except that if a 1517 determination of completeness is not made within the time prescribed in 1518 subdivision 1. then the plan shall be deemed complete and the Administrator 1519 shall have 60 calendar davs from the date of submission to review the plan. 1520 1521 3. The Administrator shall review any plan that has been previously 1522 disapproved, within 45 calendar davs of the date of resubmission. 1523 1524 4. Durinq the review period, the plan shall be approved or disapproved and the 1525 decision communicated in writinq to the person responsible for the land- 1526 disturbing activity or his desiqnated aqent. If the plan is not approved, the 1527 reasons for not approvinq the plan shall be provided in writinq. Approval or 1528 denial shall be based on the plan's compliance with the requirements of this 1529 Ordinance. 1530 1531 5. If a plan meetinq all requirements of this Ordinance is submitted and no 1532 action is taken within the time provided above in subdivision 2. for review, the 1533 plan shall be deemed approved. 1534 1535 6. All written correspondence shall be bv email or facsimile unless requested 1536 otherwise in writinq by the applicant. 1537 1538 B. Aaaroved stormwater alans mav be modified as follows: 1539 34 1540 1. Modifications to an approved stormwater manaqement plan shall be allowed 1541 only after review and written approval by the Administrator. The Administrator 1542 shall have 60 calendar days to respond in writing either approvinq or 1543 disapprovinq such request. 1544 1545 2. The Administrator mav require that an approved stormwater manaqement 1546 plan be amended within a time prescribed bv the Administrator, to address 1547 any deficiencies noted durinq inspection. 1548 1549 C. The Administrator shall require the submission of a construction record drawinq 1550 for permanent stormwater manaqement facilities. The Administrator mav elect not to 1551 require construction record drawinqs for stormwater manaqement facilities for which 1552 recorded maintenance aqreements are not reauired pursuant to Section 1-28. Prior to 1553 the release of the suretv and final approval of the facilitv by the Citv a construction 1554 record drawing for permanent stormwater manaqement facilities shall be submitted, 1555 inspected and approved bv the Administrator. The construction record drawinq shall be 1556 appropriately sealed and siqned bv a professional reqistered in the Commonwealth of 1557 Virginia certifyinq that the stormwater manaqement facilities have been constructed in 1558 accordance with the approved plan. 1559 1560 COMMENT 1561 1562 This section establishes the review time limits and procedures for the stormwater 1563 Management Plan. An initial completeness review must be done within 15 days of submission. The 1564 initial review must be done within 60 days of the determination of completeness, and any 1565 resubmissions within 45 days of resubmission. If the City does not meet these time deadlines, then 1566 the plan is deemed approved by the Administrator. Any permanent stormwater management 1567 facility must have a construction record drawing, unless it is waived by the Administrator. 1568 1569 Sec. 1-8. Stormwater pollution prevention plan; content of plan. 1570 1571 A. The Stormwater Pollution Prevention Plan (SWPPP) is not required to be 1572 submitted for review and approval, however, it is a requirement of the VSMP and 1573 aeneral permit and will be reviewed durinq inspections. Specific components of the 1574 SWPPP, as required bv Section 1-6 will be reviewed. 1575 1576 B. The Stormwater Pollution Prevention Plan (SWPPP) shall include the content 1577 specified by Section 9VAC25-870-54, but not limited to, an approved erosion and 1578 sediment control plan, an approved stormwater manaqement plan, a pollution 1579 prevention plan for requlated land disturbina activities and a description of any 1580 additional control measures necessary to address a TMDL if required. 1581 1582 C. The SWPPP must also comply with the requirements and qeneral information set 1583 forth in Section 9VAC25-880-70, Section II [stormwater pollution prevention plan] of the 1584 qeneral permit. 1585 35 1586 D. The SWPPP shall be amended bv the operator whenever there is a chanqe in 1587 desiqn, construction, operation, or maintenance that has a siqnificant effect on the 1588 discharqe of pollutants to state waters which is not addressed by the existinq SWPPP. 1589 1590 E. The SWPPP must be maintained bv the operator at a central location onsite. If 1591 an onsite location is unavailable, notice of the SWPPP's location must be posted near 1592 the main entrance at the construction site. Operators shall make the SWPPP available 1593 for public review in accordance with Section II of the qeneral permit, either electronically 1594 or in hard copy. 1595 1596 COMMENT 1597 1598 This section establishes the contents and requirements of the Stormwater Pollution 1599 Prevention Plan (SWPPP). The SWPPP must be maintained at the construction site and must be 1600 available for public review. 1601 1602 Sec. 1-9. Pollution prevention plan; content of plan. 1603 1604 A. A Pollution Prevention Plan, required by 9VAC25-870-56, shall be developed, 1605 implemented, and updated as necessarv and must detail the desiqn, installation, 1606 implementation, and maintenance of effective pollution prevention measures to 1607 minimize the discharqe of pollutants. At a minimum, such measures must be designed, 1608 installed, implemented, and maintained to: 1609 1610 1. Minimize the discharqe of pollutants from equipment and vehicle washinq, 1611 wheel wash water, and other wash waters. Wash waters must be treated in a 1612 sediment basin or alternative control that provides equivalent or better 1613 treatment prior to discharge; 1614 1615 2. Minimize the exposure of buildinq materials, building products, construction 1616 wastes, trash, landscape materials, fertilizers, pesticides, herbicides, 1617 deterqents, sanitary waste, and other materials present on the site to 1618 precipitation and to stormwater; and 1619 1620 3. Minimize the discharge of pollutants from spills and leaks and implement 1621 chemical spill and leak prevention and response procedures. 1622 1623 B. The pollution prevention plan shall include effective best manaqement practices 1624 to prohibit the followinq discharqes: 1625 1626 1. Wastewater from washout of concrete, unless manaqed by an appropriate 1627 control; 1628 1629 2. Wastewater from washout and cleanout of stucco, paint, form release oils, 1630 curinq compounds, and other construction materials; 1631 1632 3. Fuels, oils, or other pollutants used in vehicle and equipment operation and 1633 maintenance: and 36 1634 1635 4. Soaps or solvents used in vehicle and equipment washinq. 1636 1637 C. Discharqes from dewaterina activities, includinq discharaes from dewaterinq of 1638 trenches and excavations, are prohibited unless manaqed by appropriate controls. 1639 1640 1641 COMMENT 1642 1643 This section lists the requirements for the Pollution Prevention Plan, which establishes how 1644 pollutant runoff will be minimized from the construction site. Certain discharges are prohibited, 1645 and require best management practices. 1646 1647 Sec. 1-10. Applicabilitv of technical criteria for requlated land disturbinq 1648 activities. 1649 1650 Except as qrandfathered in accordance with the provisions of Section 1-20, 1651 Sections 1-10 throuqh 1-19 establish the minimum technical criteria for requlated land- 1652 disturbinq activities that shall be emploved to protect the qualitv and quantitv of state 1653 water from the potential harm of unmanaqed stormwater runoff resultinq from land- 1654 disturbinq activities. 1655 1656 COMMENT 1657 1658 This section establishes the new technical criteria for stormwater management, which are 1659 listed through section 1-19 1660 1661 Sec. 1-11. Water qualitv desiqn criteria requirements. 1662 1663 A. In order to protect the quality of state waters and to control the discharqe of 1664 stormwater pollutants from requlated activities, the followinq minimum desiqn criteria 1665 and statewide standards for stormwater manaaement shall be apqlied to the site. 1666 1667 1. New development. The total phosphorus load of new development proiects 1668 shall not exceed 0.41 pounds per acre per year, as calculated pursuant to 1669 Section 1-12. 1670 1671 2. Development on prior developed lands. 1672 1673 a. For land-disturbinq activities disturbinq qreater than or equal to one 1674 acre that results in no net increase in impervious cover from the 1675 predevelopment condition, the total phosphorus load shall be reduced 1676 at least 20% below the predevelopment total phosphorus load. 1677 b. For requlated land-disturbinq activities disturbinq less than one acre 1678 that result in no net increase in impervious cover from the 1679 predevelopment condition, the total phosphorus load shall be reduced 1680 at least 10% below the predevelopment total phosphorus load. 37 1681 c. For land-disturbinq activities that result in a net increase in impervious 1682 cover over the predevelopment condition, the desiqn criteria for new 1683 development shall be applied to the increased impervious area. 1684 Dependinq on the area of disturbance, the criteria of subdivisions a or 1685 b above, shall be applied to the remainder of the site. 1686 d. In lieu of subdivision c, the total phosphorus load of a linear 1687 development proiect occurrinq on prior developed lands shall be 1688 reduced 20% below the predevelopment total phosphorus load. 1689 e. The total phosphorus load shall not be required to be reduced to below 1690 the applicable standard for new development unless a more strinqent 1691 standard has been established bv the Citv. 1692 1693 B. Compliance with subsection A of this section shall be determined in accordance 1694 with Section 1-12. 1695 1696 COMMENT 1697 1698 Water quality design criteria require that new development have less than .41 pounds per 1699 year of phosphorus load. This is a reduction from the current requirement. Redeveloped sites of 1700 less than 1 acre require a 10% reduction of phosphorus load from the site, and redevelopment of 1701 over 1 acre requires a reduction of 20 1702 1703 Sec. 1-12. Water qualitv compliance. 1704 1705 A. Compliance with the water qualitv desiqn criteria set out in Sections A1 and A2 of 1706 Section 1-11 shall be determined bv utilizinq the Virginia Runoff Reduction Method or 1707 another equivalent methodoloqy that is approved by the State Water Control Board. 1708 1709 B. The BMPs listed in 9VAC25-870-65.B are approved for use as necessary to 1710 effectively reduce the phosphorus load and runoff volume in accordance with the 1711 Virginia Runoff Reduction Method. Other approved BMPs found on the Virginia 1712 Stormwater BMP Clearinqhouse Website mav also be utilized. Desiqn specifications 1713 and the pollutant removal efficiencies for all approved BMPs are found on the Virginia 1714 Stormwater BMP Clearinqhouse Website. 1715 1716 C. However, where a site drains to more than one HUC, the qollutant load reduction 1717 requirements shall be applied independently within each HUC unless reductions are 1718 achieved in accordance with a comprehensive watershed stormwater manaqement plan 1719 in accordance with Section 1-19. 1720 1721 D. Offsite alternatives where allowed in accordance with Section 1-14 may be 1722 utilized to meet the desiqn criteria of subsection A of Section 1-11. 1723 1724 COMMENT 1725 1726 Compliance with the prior section (1-11) is accomplished through the Runoff Reduction 1727 Method. Only the BMPs listed in the Virginia Stormwater BMP Clearinghouse Website are 1728 approved for use. 38 1729 1730 Sec. 1-13. Water quantit 1731 1732 A. Channel protection and flood protection shall be addressed in accordance with 1733 the minimum standards set out in this section. 1734 1735 B. Channel protection. Concentrated stormwater flow shall be released into a 1736 stormwater convevance svstem and shall meet the criteria in subdivision 1, 2, or 3 of 1737 this subsection, where applicable, from the point of discharqe to a point to the limits of 1738 analysis in subdivision 4 of this subsection. 1739 1740 1. Manmade stormwater conveyance svstems. When stormwater from a 1741 development is discharqed to a manmade stormwater convevance system, 1742 followinq the land-disturbinq activitv, either: 1743 1744 a. The manmade stormwater conveyance svstem shall convey the 1745 postdevelopment peak flow rate from the two-vear 24-hour storm event 1746 without causina erosion of the svstem. Detention of stormwater or 1747 downstream improvements mav be incorporated into the approved 1748 land-disturbing activitv to meet this criterion, at the discretion of the 1749 VSMP authoritv; or 1750 b. The peak discharqe requirements for concentrated stormwater flow to 1751 natural stormwater conveyance svstems in subdivision 3 of this 1752 subsection shall be met. 1753 1754 2. Restored stormwater conveyance systems. When stormwater from a 1755 development is discharqed to a restored stormwater conveyance system that 1756 has been restored usinq natural desiqn concepts, followinq the land- 1757 disturbinq activitv, either: 1758 1759 a. The development shall be consistent, in combination with other 1760 stormwater runoff, with the desiqn parameters of the restored 1761 stormwater convevance svstem that is functioninq in accordance with 1762 the desiqn obiectives; or 1763 b. The peak discharqe reauirements for concentrated stormwater flow to 1764 natural stormwater conveyance systems in subdivision 3 of this 1765 subsection shall be met. 1766 1767 3. Natural stormwater conveyance systems. When stormwater from a 1768 development is discharqed to a natural stormwater conveyance svstem, the 1769 maximum peak flow rate from the one-vear 24-hour storm followinq the land- 1770 disturbinq activity shall be calculated either: 1771 1772 a. In accordance with the followinq methodoloqy: 1773 QDeveloped ? ?• F• *?QPre-Developed*RVPre-Develo ed ?RUDeveloped 1774 Under Il0 condition SIIaII QDeveloaed be qreater than QPre-Develooed nOr 1775 SIIaII QDeveloped be required to be less than that calculated in the 1776 eaUatl011 (QForest* RVFores ?i)?? v Developed; Where 39 1777 I.F. (Improvement Factor) equals 0.8 for sites > 1 acre or 0.9 for sites <_ 1778 1 acre. 1779 Qoe„eioped = The allowable peak flow rate of runoff from the developed 1780 site. 1781 RVoevejoped = The volume of runoff from the site in the developed 1782 condition. 1783 QPre-Developed = The peak flow rate of runoff from the site in the pre- 1784 developed condition. 1785 RVPre-oe„eioped = The volume of runoff from the site in pre-developed 1786 condition. 1787 QForest = The peak flow rate of runoff from the site in a forested 1788 condition. 1789 RVForest = the volume of runoff from the site in a forested condition; or 1790 b. In accordance with another methodoloqv that is demonstrated by the 1791 Citv to achieve equivalent results and is approved by the State Water 1792 Control Board. 1793 1794 4. Limits of analysis. Unless subdivision 3 of this subsection is utilized to show 1795 compliance with the channel protection criteria, stormwater conveyance 1796 svstems shall be analyzed for compliance with channel protection criteria to a 1797 point where either: 1798 1799 a. Based on land area, the site's contributing drainaqe area is less than 1800 or equal to 1.0% of the total watershed area; or 1801 b. Based on peak flow rate, the site's peak flow rate from the one-year 1802 24-hour storm is less than or equal to 1.0% of the existinq peak flow 1803 rate from the one-year 24-hour storm prior to the implementation of 1804 any stormwater quantity control measures. 1805 1806 C. Flood protection. Concentrated stormwater flow shall be released into a 1807 stormwater convevance svstem and shall meet one of the followinq criteria as 1808 demonstrated bv use of acceptable hvdroloqic and hydraulic methodoloqies: 1809 1810 1. Concentrated stormwater flow to stormwater conveyance systems that 1811 currentlv do not experience localized floodinq durinq the 10-vear 24-hour 1812 storm event: The point of discharqe releases stormwater into a stormwater 1813 conveyance svstem that, followinq the land-disturbinq activity, confines the 1814 postdevelopment peak flow rate from the 10-vear 24-hour storm event within 1815 the stormwater convevance system. Detention of stormwater or downstream 1816 improvements may be incorporated into the approved land-disturbinq activitv 1817 to meet this criterion, at the discretion of the VSMP authority. 1818 1819 2. Concentrated stormwater flow to stormwater convevance svstems that 1820 currently experience localized floodinq durinq the 10-vear 24-hour storm 1821 event. The point of discharqe either: 1822 1823 a. Confines the postdevelopment peak flow rate from the 10-year 24-hour 1824 storm event within the stormwater convevance svstem to avoid the 40 1825 localized floodinq Detention of stormwater or downstream 1826 improvements mav be incorporated into the approved land-disturbinq 1827 activity to meet this criterion at the discretion of the VSMP authority; or 1828 b. Releases a postdevelopment peak flow rate for the 10-vear 24-hour 1829 storm event that is less than the predevelopment peak flow rate from 1830 the 10-year 24-hour storm event. Downstream stormwater convevance 1831 systems do not require any additional analysis to show compliance 1832 with flood protection criteria if this option is utilized. 1833 1834 3. Limits of analysis. Unless subdivision 2 b of this subsection is utilized to 1835 comply with the flood protection criteria stormwater convevance svstems 1836 shall be analyzed from compliance with flood protection criteria to a point 1837 where: 1838 1839 a. The site's contributinq drainaqe area is less than or equal to 1.0% of 1840 the total watershed area draininq to a point of analvsis in the 1841 downstream stormwater convevance svstem; 1842 b. Based on peak flow rate the site's peak flow rate from the 10-vear 24- 1843 hour storm event is less than or equal to 1.0% of the existinq peak flow 1844 rate from the 10-vear 24-hour storm event prior to the implementation 1845 of any stormwater quantitv control measures; or 1846 c. The stormwater conveyance system enters a mapped floodplain or 1847 other flood-prone area adopted by ordinance, of any locality. 1848 1849 D. Increased volumes of sheet flow resulting from pervious or disconnected 1850 impervious areas or from phvsical spreadinq of concentrated flow throuah level 1851 spreaders must be identified and evaluated for potential impacts on down-aradient 1852 properties or resources Increased volumes of sheet flow that will cause or contribute to 1853 erosion sedimentation or floodinq of down qradient properties or resources shall be 1854 diverted to a stormwater manaqement facilitv or a stormwater convevance svstem that 1855 convevs the runoff without causinq down-qradient erosion, sedimentation, or floodinq. If 1856 all runoff from the site is sheet flow and the conditions of this subsection are met, no 1857 further water quantitv controls are required. 1858 1859 E. For purposes of computinq predevelopment runoff, all pervious lands on the site 1860 shall be assumed to be in qood hydroloqic condition in accordance with the U.S. 1861 Department of Aqriculture's Natural Resources Conservation Service (NRCS) 1862 standards reqardless of conditions existinq at the time of computation. Predevelopment 1863 runoff calculations utilizinq other hvdroloqic conditions mav be utilized provided that it is 1864 demonstrated to and approved by the VSMP authoritv that actual site conditions warrant 1865 such considerations. 1866 1867 F. Predevelopment and postdevelopment runoff characteristics and site hydroloqy 1868 shall be verified bv site inspections, topoqraphic survevs, available soil mappinq or 1869 studies and calculations consistent with qood enqineerinq practices. Guidance provided 1870 in the Virqinia Stormwater Manaqement Handbook and on the Virqinia Stormwater BMP 1871 Clearinghouse website shall be considered appropriate practices. 1872 41 1873 COMMENT 1874 1875 This section establishes the technical criteria for quantity reduction, including channel 1876 protection and flood protection, in regard to the sites ability to retain certain amounts of 1877 stormwater for specified periods. 1878 1879 1880 1881 Sec. 1-14. Offsite compliance options. 1882 1883 A. Offsite compliance options that the City mav allow an operator to use to meet 1884 required phosphorus nutrient reductions include the followinq: 1885 1886 1. Offsite controls utilized in accordance with a comprehensive stormwater 1887 manaqement plan adopted pursuant to Section 1-19 for the local watershed 1888 within which a proiect is located; 1889 1890 2. A IocalitY pollutant loadinq pro rata share proqram established pursuant to ? 1891 15.2-2243 of the Code of Virqinia or similar local fundinq mechanism; 1892 1893 3. The nonpoint nutrient offset proqram established pursuant to §. 62.1-44.15:35 1894 of the Code of Virqinia; 1895 1896 4. Anv other offsite options approved bv an applicable state aqency or state 1897 board; and 1898 1899 5. When an operator has additional properties available within the same HUC or 1900 upstream HUC that the land-disturbinq activity directly discharqes to or within 1901 the same watershed as determined by the City, offsite stormwater 1902 management facilities on those properties mav be utilized to meet the 1903 required phosphorus nutrient reductions from the land-disturbinq activitv. 1904 1905 B. Notwithstandinq subsection A of this section, and pursuant to ? 62.1-44.15:35 of 1906 the Code of Virqinia, operators shall be allowed to utilize offsite options identified in 1907 subsection A of this section under any of the followinq conditions: 1908 1909 1. Less than five acres of land will be disturbed; 1910 1911 2. The postconstruction phosphorus control requirement is less than 10 pounds 1912 per year; or 1913 1914 3. At least 75% of the required phosphorus nutrient reductions are achieved on- 1915 site. If at least 75% of the required phosqhorus nutrient reductions cannot be 1916 met on-site, and the operator can demonstrate to the satisfaction of the Citv 1917 that (i) alternative site desiqns have been considered that mav accommodate 1918 on-site best management practices, (ii) on-site best manaqement practices 1919 have been considered in alternative site desiqns to the maximum extent 1920 aracticable. (iii) aqqropriate on-site best manaqement practices will be 42 1921 implemented and (iv) full compliance with postdevelopment nonpoint nutrient 1922 runoff compliance reauirements cannot practicablv be met on-site, then the 1923 required phosphorus nutrient reductions mav be achieved, in whole or in part, 1924 throuqh the use of off-site compliance options. 1925 1926 C. Notwithstandina subsections A and B of this section, offsite options shall not be 1927 allowed: 1928 1929 1. Unless the selected offsite option achieves the necessarv nutrient reductions 1930 prior to the commencement of the operator's land-disturbinq activitv. In the 1931 case of a phased proiect, the operator may acquire or achieve offsite nutrient 1932 reductions prior to the commencement of each phase of land-disturbinq 1933 activitv in an amount sufficient for each phase. 1934 1935 2. In contravention of local water qualitv-based limitations at the point of 1936 discharqe that are (i) consistent with the determinations made pursuant to 1937 subsection B of § 62.1-44.19:7 of the Code of Virainia, (ii) contained in a 1938 municipal separate storm sewer svstem (MS4) proqram plan accepted by 1939 DEQ, or (iii) as otherwise mav be established or approved bv the board. 1940 1941 D. In order to meet the requirements of Section 1-13 described in subdivisions 1 1942 and 2 of subsection A of this section may be utilized. 1943 1944 E. In accordance with § 62.1-44.15:35F of the Code of Virqinia, nutrient credits used 1945 pursuant to subsection A shall be qenerated in the same or adiacent eiqht-diqit 1946 hydroloqic unit code as defined bv the United States Geological Survey as the permitted 1947 site except as otherwise limited in subsection C. Nutrient credits outside the same or 1948 adiacent eiqht-diqit hydroloqic unit code may only be used if it is determined bv the 1949 Director that no credits are available within the same or adiacent eiaht-diait hvdroloqic 1950 unit code when the Director accepts the final site desiqn. In such cases, and subiect to 1951 other limitations imposed in this section, credits available within the same tributarv may 1952 be used. In no case shall credits from another tributary be used. 1953 1954 COMMENT 1955 1956 Off-site options are available if less than 5 acres will be disturbed, the phosphorus control 1957 amount is less than 10 pounds per year and at least 75% of the reduction is obtained on site. Only 1958 the quantity requirement can be met off-site. Nutrient credits are an acceptable off-site option, but 1959 must be located in the same or adjacent geographic HUC code 1960 1961 Sec. 1-15. Desian storms and hvdroloqic methods. 1962 1963 A. Unless otherwise specified, the prescribed desiqn storms are the one-year, two- 1964 year, and 10-vear 24-hour storms usinq the site-specific rainfall precipitation frequency 1965 data recommended bv the U.S. National Oceanic and Atmospheric Administration 1966 (NOAA) Atlas 14. Partial duration time series shall be used for the areciaitation data. 1967 43 1968 B. Unless otherwise specified all hydroloqic analyses shall be based on the existinq 1969 watershed characteristics and how the ultimate development condition of the subiect 1970 proiect will be addressed. 1971 1972 C. The U S Department of Aqriculture's Natural Resources Conservation Service 1973 (NRCS) synthetic 24-hour rainfall distribution and models, includinq, but not limited to 1974 TR-55 and TR-20; hvdroloqic and hydraulic methods developed by the U.S. Army Corps 1975 of Enqineers; or other standard hvdroloqic and hvdraulic methods, shall be used to 1976 conduct the analyses described in this part. 1977 1978 D. For drainaqe areas of 200 acres or less the Citv may allow for the use of the 1979 Rational Method for evaluatinq peak discharqes. 1980 1981 E. For drainaqe areas of 200 acres or less the citv mav allow for the use of the 1982 Modified Rational Method for evaluatinq volumetric flows to stormwater convevances. 1983 1984 COMMENT 1985 1986 This section establishes that the 1 year, 2 year and 10 year 24 hour storm events are the 1987 designed storms for calculations. 1988 1989 Sec. 1-16. Stormwater harvestinq. 1990 1991 In accordance with ? 62.1-44.15:28 of the Code of Virqinia, stormwater 1992 harvestinq is encouraqed for the purposes of landscape irriqation svstems fire 1993 protection svstems flushinq water closets and urinals, and other water handlinq 1994 svstems to the extent such svstems are consistent with federal, state and City 1995 requlations. 1996 1997 COMMENT 1998 1999 The capture or harvesting of stormwater is encouraged by this section. 2000 2001 Sec. 1-17. Linear development projects. 2002 2003 Linear development proiects shall control postdevelopment stormwater runoff in 2004 accordance with a site-specific stormwater manaqement plan or a comprehensive 2005 watershed stormwater manaqement plan developed in accordance with these technical 2006 criteria. 2007 2008 COMMENT 2009 2010 Linear development projects (roads, sidewalks, etc.) shall also control stormwater by an 2011 appropriate method. 2012 2013 Sec. 1-18. Stormwater manaqement impoundment structures or facilities. 2014 44 2015 Stormwater manaqement wet ponds and extended detention qonds that are not 2016 covered bv the Imqoundinq Structure Requlations (4VAC50-20) shall, at a minimum, be 2017 enqineered for structural inteqrity for the 100-vear storm event. 2018 2019 COMMENT 2020 2021 Wet ponds and detention ponds must be engineered to withstand the 100-year storm event. 2022 2023 2024 2025 2026 Sec. 1-19. Comprehensive stormwater manaqement plans. 2027 2028 The Citv may develop comprehensive stormwater manaqement plans to be 2029 approved bv DEQ that meet the water qualitv obiectives, quantitv obiectives, or both of 2030 this chapter: 2031 2032 1. Such plans shall ensure that offsite reductions equal to or qreater than those 2033 that would be required on each contributinq site are achieved within the same 2034 HUC or within another locally desiqnated watershed. Pertaininq to water 2035 guantity obiectives, the plan mav provide for implementation of a combination 2036 of channel improvement, stormwater detention, or other measures that are 2037 satisfactory to the locality's VSMP authoritv to prevent downstream erosion 2038 and floodinq. 2039 2040 2. If the land use assumptions upon which the plan was based chanqe or if anv 2041 other amendments are deemed necessary by the localitv's VSMP authoritv, 2042 such authority shall provide plan amendments to the department for review 2043 and approval. 2044 2045 3. During the plan's implementation, the locality's VSMP authority shall 2046 document nutrient reductions accredited to the BMPs specified in the plan. 2047 2048 4. State and federal aqencies may develop comprehensive stormwater 2049 manaqement plans, and maY participate in locality-developed comprehensive 2050 stormwater management plans where practicable and permitted bv the 2051 locality's VSMP authority. 2052 2053 COMMENT 2054 2055 This section allows for the development of comprehensive stormwater management plans 2056 for the City for quality or quantity. The general plan must achieve at least the reduction that 2057 would be achieved from each individual site, and such reduction must be documented. 2058 2059 Sec. 1-20. Grandfather provisions. 2060 2061 A. Any land-disturbinq activity shall be considered qrandfathered bv the 2062 Administrator and shall not be subiect to the technical criteria of Sections 1-10 throuqh 45 2063 1-19 of this Ordinance, but shall be subiect to the technical criteria of Sections 1-22 2064 throuqh 1-27 of this Ordinance provided: 2065 2066 1. A proffered or conditional zoninq plan, zoninq with a plan of development 2067 preliminarv or final subdivision plat or a preliminarv or final site plan or anv 2068 document determined bv the Citv to be equivalent thereto was (i) approved bv 2069 the Citv prior to Julv 1, 2012, (ii) provided a lavout as defined in 9VAC25-870- 2070 10, (iii) will comqly with Sections 1-22 throuqh 1-27 of this Ordinance and (iv) 2071 has not been subsequently modified or amended in a manner resultinq in an 2072 increase in the amount of phosphorus leavinq each point of discharqe and 2073 such that there is no increase in the volume or rate of runoff: and 2074 2075 2. A state permit has not been issued prior to Julv 1 2014• and 2076 2077 3. Land disturbance did not commence prior to Julv 1 2014. 2078 2079 B. Local, state and federal proiects shall be considered qrandfathered and shall be 2080 subiect to the technical criteria of Sections 1-22 throuqh 1-27 of this Ordinance 2081 provided: 2082 2083 1. There has been an obliqation of local, state or federal fundinq in whole or in 2084 part, prior to Julv 1, 2012, or the department has approved a stormwater 2085 manaqement plan prior to July 1, 2012; and 2086 2087 2. A state permit has not been issued prior to Julv 1 2014; and 2088 2089 3. Land disturbance did not commence prior to Julv 1 2014. 2090 2091 C. Land-disturbinq activities qrandfathered under this Subsection shall remain 2092 subiect to the criteria of Section 1-22 throuqh 1-27 for one additional state permit cvcle 2093 After such time, portions of the proiect not under construction shall become subiect to 2094 the technical requirements of Sections 1-10 throuqh 1-19 and any new technical criteria 2095 adopted bv the board. 2096 2097 D. In cases where qovernmental bondinq or public debt financinq has been issued 2098 for a proiect prior to Julv 1, 2012, such proiect shall become subiect to the technical 2099 requirements of Sections 1-22 throuqh 1-27 of this Ordinance. 2100 2101 E. Land-disturbina activities that obtain an initial state permit or commence land 2102 disturbance prior to Julv 1, 2014 shall be conducted in accordance with the technical 2103 criteria found in Sections 1-22 throuqh 1-27 of this Ordinance Such proiects shall 2104 remain subiect to these technical criteria for two additional state permit cvcles After 2105 such time, portions of the proiect not under construction shall become subiect to anv 2106 new technical criteria adopted bv the board. 2107 2108 F. Land-disturbinq activities that obtain an initial state permit on or after Julv 1 2014 2109 shall be conducted in accordance with the technical criteria found in Sections 1-10 2110 throuqh 1-19 of this Ordinance except as provided for above Such proiects shall 46 2111 remain subiect to these technical criteria for two additional state permit cvcles. After 2112 such time portions of the proiect not under construction shall become subiect to any 2113 new technical criteria adopted bv the board. 2114 2115 COMMENT 2116 2117 Projects that had a conditional rezoning or preliminary or final subdivision or site plans 2118 approved prior to 7/1/2012, who have not gotten a General Construction Permit prior to 7/1/2014 2119 and not started land disturbance and who meet the criteria of sections 1-22 through 1-27 (old 2120 criteria) do not have to go back and redo their plans to meet the new criteria of sections 1-10 2121 through 1-19 (new criteria). City projects that have an obligation of funding prior to July 1, 2012 2122 or who have an approved stormwater plan by the same date can use the old criteria. All projects 2123 that have a state permit by 7/1/14 can use the old criteria for 2 additional permit cycles. 2124 2125 Sec.1-21. Variances. 2126 2127 A. The Administrator may qrant variances to the technical requirements of Sections 2128 1-10 throuqh 1-19 and 1-22 throuqh 1-27 , provided that: 2129 2130 1. the variance is the minimum necessary to afford relief; 2131 2. reasonable and appropriate conditions are imposed so that the intent of the 2132 Act the Requlations, and this Ordinance are preserved; 2133 3. qrantinq the variance will not confer any special privileqes that are denied in 2134 other similar circumstances; 2135 4. variance requests are not based upon conditions or circumstances that are 2136 self-imposed or self-created; 2137 5. the variance will not substantially increase the flow rate of stormwater runoff; 2138 6. the variance will not have an adverse impact on a wetland, channel, water 2139 bodv or upstream or downstream of a receivinq bodv of water; 2140 7. the variance will not contribute to the deqradation of water qualitv; and 2141 8. will not be of substantial detriment to adiacent propertv or adversely affect the 2142 character of adioininq neiqhborhoods. 2143 9. Economic hardship alone is not sufficient reason to qrant a variance from the 2144 requirements of this Ordinance. 2145 10 . No variance to the requirement that the land-disturbinq activity obtain required 2146 VSMP authority permit shall be qiven by the Administrator, nor shall the 2147 Administrator approve the use of a BMP not found on the Virqinia Stormwater 2148 BMP Clearinqhouse Website, or any other control measure not duly approved 2149 by the Department of Environmental Quality. 2150 11. No variance to requirements for phosphorus reductions shall be allowed 2151 unless offsite options otherwise permitted pursuant to 9VAC25-870-69 have 2152 been considered and found not available. 2153 47 2154 B. The Administrator may qrant variances to the Citv requirements of this 2155 Ordinance, provided that: 2156 1. The variance does not involve any requirements imposed under the State 2157 Code or Requlations; and 2158 2. Reasonable and appropriate conditions may be imposed so that the intent of 2159 the Act, the Requlations and this Ordinance are preserved. 2160 2161 C. Nothinq in this Section shall preclude an operator from constructina to a more 2162 stringent standard at their discretion. 2163 2164 COMMENT 2165 2166 Variances may be granted by the Administrator to the technical criteria if they meet the 11 2167 requirements. There cannot by a variance to the requirement to get a permit or to a BMP not on 2168 the BMP Clearinghouse Website. Variances to City requirements, which are not 5tate 2169 requirements, may also be granted. 2170 2171 Sec.1-22. Applicabilitv. 2172 2173 The followinq sections 1-22 throuqh 1-27 specify the technical criteria for 2174 rectulated land-disturbinq activities that are not subiect to the technical criteria of 2175 sections 1-10 throuqh 1-19. 2176 2177 COMMENT 2178 2179 The old technical criterion that is currently in use is found in Sections 1-22 through 1-27. 2180 Grandfathered projects under section 1-20 may use these criteria. 2181 2182 Sec.1-23. General. 2183 2184 A. Determination of floodina and channel erosion impacts to receivina streams due 2185 to land-disturbina activities shall be measured at each point of discharqe from the land 2186 disturbance and such determination shall include any runoff from the balance of the 2187 watershed that also contributes to that point of discharqe. 2188 2189 B. The specified desiqn storms shall be defined as either a 24-hour storm usinq the 2190 rainfall distribution recommended bv the U.S. Department of Agriculture's Natural 2191 Resources Conservation Service (NRCS) when usina NRCS methods or as the storm of 2192 critical duration that produces the qreatest required storaqe volume at the site when 2193 usinq a desiqn method such as the Modified Rational Method. 2194 2195 C. For purposes of computinq runoff, all pervious lands in the site shall be assumed 2196 prior to development to be in qood condition (if the lands are pastures, lawns, or parks), 2197 with qood cover (if the lands are woods), or with conservation treatment (if the lands are 2198 cultivated); reqardless of conditions existinq at the time of computation. 2199 48 2200 D. Construction of stormwater manaqement facilities or modifications to channels 2201 shall comply with all applicable laws requlations, and ordinances. Evidence of approval 2202 of all necessarv permits shall be presented. 2203 2204 E. Impoundinq structures that are not covered bv the Impoundinq Structure 2205 Reaulations (4VAC50-20) shall be enqineered for structural inteqrity durinq the 100-vear 2206 storm event. 2207 2208 F. Predevelopment and postdevelopment runoff rates shall be verified bv 2209 calculations that are consistent with qood enqineerinq practices. 2210 2211 G. OutFlows from a stormwater manaqement facility _or stormwater conveyance 2212 system shall be discharqed to an adequate channel. 2213 2214 H. Proposed residential commercial or industrial subdivisions shall applv these 2215 stormwater manaqement criteria to the land disturbance as a whole. Individual lots in 2216 new subdivisions shall not be considered separate land-disturbina activities, but rather 2217 the entire subdivision shall be considered a sinqle land development proiect. 2218 Hvdroloqic parameters shall reflect the ultimate land disturbance shall be used in all 2219 enqineerinq calculations. 2220 2221 I. All stormwater manaqement facilities shall have an inspection and maintenance 2222 plan that identifies the owner and the responsible partv for carrving out the inspection 2223 and maintenance plan. 2224 2225 J. Construction of stormwater manaqement impoundment structures within a 2226 Federal Emerqencv Manaqement Aqencv (FEMA) desianated 100-vear floodplain shall 2227 be avoided to the extent possible. When this is unavoidable, all stormwater 2228 manaqement facilitv construction shall be in compliance with all applicable requlations 2229 under the National Flood Insurance Proqram, 44CFR Part 59. 2230 2231 K. Natural channel characteristics shall be preserved to the maximum extent 2232 practicable. 2233 2234 L. Land-disturbina activities shall complv with the Virqinia Erosion and Sediment 2235 Control Law and attendant requlations. 2236 2237 M. Flood control and stormwater manaqement facilities that drain or treat water from 2238 multiple development proiects or from a significant portion of a watershed mav be 2239 allowed in resource protection areas defined in the Chesapeake Bay Preservation Act 2240 provided such facilities are allowed and constructed in accordance with the Stormwater 2241 Manaqement Act and this chapter, and provided that (i) the local qovernment has 2242 conclusively established that the location of the facility within the resource protection 2243 area is the optimum location; (ii) the size of the facilitv is the minimum necessary to 2244 provide necessarv flood control, stormwater treatment, or both; (iii) the facilitv must be 2245 consistent with a comprehensive stormwater manaqement plan developed and 2246 approved in accordance with Section 1-19 or with a VSMP that has been approved prior 2247 to July 1, 2012, bv the board, the Chesapeake Bay Local Assistance Board prior to its 49 2248 abolishment on Julv 1, 2012, or the Board of Conservation and Recreation; (iv) all 2249 applicable permits for construction in state or federal waters must be obtained from the 2250 appropriate state and federal aqencies, such as the U.S. Armv Corps of Enqineers, the 2251 Virqinia Department of Environmental Quality, and the Virqinia Marine Resources 2252 Commission; (v) approval must be received from the local qovernment prior to 2253 construction; and (vi) routine maintenance is allowed to be performed on such facilities 2254 to assure that thev continue to function as desiqned. It is not the intent of this 2255 subdivision to allow a best manaqement practice that collects and treats runoff from 2256 only an individual lot or some portion of the lot to be located within a resource protection 2257 area. 2258 2259 COMMENT 2260 2261 This section includes the general requirements that are relevant to the old technical criteria 2262 that will be used for those projects that are grandfathered. These requirements include compliance 2263 with Erosion and Sediment control, the location and requirements of stormwater facilities, 2264 compliance with good engineering practices, and the allowance of stormwater facilities in the 2265 Resource Protection Area. 2266 2267 Sec. 1-24. Water quality. 2268 2269 A. Compliance with the water criteria mav be achieved bv applvinq the 2270 performance-based criteria or the technoloqv-based criteria to either the site or a 2271 planninq area. 2272 2273 B. Performance-based criteria. For land-disturbinq activities, the calculated 2274 postdevelopment nonpoint source pollutant runoff toad shall be compared to the 2275 calculated predevelopment load based upon the averaqe land cover condition or the 2276 existinq site condition. A BMP shall be located, desiqned, and maintained to achieve the 2277 tarqet pollutant removal efficiencies specified in Table 1 of this section to effectively 2278 reduce the pollutant load to the required level based upon the followinct four applicable 2279 land development situations for which the performance criteria applv: 2280 2281 2282 2283 1. Situation 1 consists of land-disturbinq activities where the existinq percent impervious cover is less than or equal to the averaqe land cover condition and the proposed improvements will create a total qercent impervious cover 2284 that is less than the averaqe land cover condition. 2285 Requirement: No reduction in the after disturbance pollutant discharqe is 2286 required. 2287 2288 2. Situation 2 consists of land-disturbinq activities where the existinq percent 2289 impervious cover is less than or equal to the averaqe land cover condition 2290 and the proposed improvements will create a total percent impervious cover 2291 that is qreater than the averaqe land cover condition. 2292 Requirement: The pollutant discharqe after disturbance shall not exceed the 2293 existina pollutant discharae based on the averaae land cover condition. 2294 50 2295 2296 2297 2298 2299 2300 2301 2302 2303 2304 2305 2306 2307 2308 2309 2310 2311 2312 2313 2314 2315 2316 2317 2318 2319 2320 2321 2322 2323 3. Situation 3 consists of land-disturbinq activities where the existinq percent impervious cover is qreater than the averaqe land cover condition. Requirement: The pollutant discharqe after disturbance shall not exceed (i) the pollutant discharqe based on existinq conditions less 10% or (ii) the pollutant discharqe based on the averaqe land cover condition, whichever is rq eater• 4. Situation 4 consists of land-disturbinq activities where the existinq percent impervious cover is served bv an existinq stormwater manaqement BMP that addresses water qualitv. Requirement: The pollutant discharqe after disturbance shall not exceed the existinq pollutant discharqe based on the existinq percent impervious cover while served bv the existinq BMP. The existinq BMP shall be shown to have been desiqned and constructed in accordance with proper desiqn standards and specifications and to be in proper functioninq condition. C. Technoloqv-based criteria. For land-disturbinq activities, the postdeveloped stormwater runoff from the impervious cover shall be treated by an appropriate BMP as required by the postdeveloped condition percent impervious cover as specified in Table 1 of this section. The selected BMP shall be located, desiqned, and maintained to perForm at the tarqet pollutant removal efficiency specified in Table 1 or those found in Section 1-12. Desian standards and specifications for the BMPs in Table 1 that meet the required tarqet pollutant removal efficiencv are available in the 1999 Virqinia Stormwater Manaqement Handbook. Other approved BMPs available on the Virqinia Stormwater BMP Clearinqhouse Website mav also be utilized. Table 1 * Water Quality BMP Tarqet Phosphorus Percent Impervious Removal Efficiencv Cover Veqetated filter strip 10% 16-21 % Grassed Swale 15% Constructed wetlands 20% 22-37% Extended detention (2 x WQ Vol) 35% Retention basin I(3 x WQ Vol) 40% Bioretention basin 50% 38-66% Bioretention filter 50% Extended detention-enhanced 50% Re#ention basin II (4 x WQ Vol) 50% 51 Infiltration (1 x WQ Vol) 50% Sand filter Infiltration (2 x WQ Vol) Retention basin III (4 x WQ Vol with aquatic bench) 65% 65% 65% 67-100% *Innovative or alternate BMPs not included in this table mav be allowed at the discretion of local proqram administrator or the department. Innovative or alternate BMPs not included in this table that tarqet appropriate nonpoint source pollution other than phosphorous mav be allowed at the discretion of the local program administrator or the department. 2324 2325 2326 2327 2328 2329 2330 COMMENT This section includes the technical criteria for water quality that must be used for all projects that are grandfathered under Section 1-20. Sec. 1-25. Stream channel erosion. 2331 2332 A. Properties and receivinq waterways downstream of anv land-disturbinq activity 2333 shall be protected from erosion and damage due to chanqes in runoff rate of flow and 2334 hvdroloqic characteristics, includinq, but not limited to, chanqes in volume, velocitv, 2335 freauencv, duration, and peak flow rate of stormwater runoff in accordance with the 2336 minimum design standards set out in this section. 2337 2338 B. The VSMP authoritv shall require compliance with subdivision 19 of 9VAC25- 2339 840-40 of the Erosion and Sediment Control Requlations, promulqated pursuant to the 2340 Erosion and Sediment Control Law. 2341 2342 C. The VSMP authoritv mav determine that some watersheds or receivinq stream 2343 svstems require enhanced criteria in order to address the increased frequency of 2344 bankfull flow conditions (top of bank) brouqht on by land-disturbinq activities or where 2345 more strinqent requirements are necessary to address total maximum dailV load 2346 requirements or to protect exceptional waters. Therefore, in lieu of the reduction of the 2347 two-year postdeveloped peak rate of runoff as required in subsection B of this section, 2348 the land development project beinq considered shall provide 24-hour extended 2349 detention of the runoff qenerated bv the one-year, 24-hour duration storm. 2350 2351 D. In addition to subsection B and C of this section, the VSMP authoritv by local 2352 ordinance mav in accordance with ? 62.1-44.15:33 of the Code of Virqinia, or the board 2353 bv state requlation may, adopt more strinqent channel analvsis criteria or desiqn 2354 standards to ensure that the natural level of channel erosion to the maximum extent 2355 practicable, will not increase due to the land-disturbinq activities. These criteria may 2356 include, but are not limited to, the followinq: 2357 52 2358 1. Criteria and procedures for channel analysis and classification. 2359 2360 2. Procedures for channel data collection. 2361 2362 3. Criteria and procedures for the determination of the maqnitude and frequencv 2363 of natural sediment transport loads. 2364 2365 4. Criteria for the selection of proposed natural or manmade channel lininqs. 2366 2367 2368 2369 2370 COMMENT 2371 2372 This section includes the technical criteria for water quantity that must be used for all 2373 projects that are grandfathered under Section 1-20. 2374 2375 Sec.1-26. Floodinq. 2376 2377 A. Downstream properties and waterways shall be protected from damaqes from 2378 localized floodina due to chanqes in runoff rate of flow and hydrologic characteristics, 2379 includinq, but not limited to, chanqes in volume, velocitv, frequencv, duration, and peak 2380 flow rate of stormwater runoff in accordance with the minimum desiqn standards set out 2381 in this section. 2382 2383 B. The 10-vear postdeveloped peak rate of runoff from the development site shall 2384 not exceed the 10-vear predeveloped peak rate of runoff. 2385 2386 C. In lieu of subsection B of this section, the City mav, by ordinance in accordance 2387 with § 62.1-44.15:33 of the Code of Virqinia, adopt alternate design criteria based upon 2388 qeoqraphic, land use, topoaraphic, qeoloqic factors, or other downstream convevance 2389 factors as appropriate. 2390 2391 D. Linear development proiects shall not be required to control qostdeveloped 2392 stormwater runoff for floodinq, except in accordance with a watershed or reqional 2393 stormwater manaqement plan. 2394 2395 COMMENT 2396 2397 This section also includes the technical criteria for water quantity that must be used for all 2398 projects that are grandfathered under Section 1-20. 2399 2400 Sec. 1-27. Reqional (watershed-wide) stormwater manaqement plans. 2401 2402 Waterquality requirements and where allowed, water quantity requirements, mav 2403 be achieved in accordance with section 1-14 and 1-19. 2404 2405 COMMENT 2406 53 2407 Water quality and some water quantity requirements can be met by the use of off-site 2408 facilities or comprehensive watershed plans. 2409 2410 Sec. 1-28. Lonct-term maintenance of permanent stormwater facilities. 2411 2412 A. The Administrator shall require the provision of lonq-term responsibilitv for and 2413 maintenance of stormwater manaqement facilities and other techniaues specified to 2414 manaqe the auality and quantitv of runoff. Such requirements shall be set forth in a 2415 Stormwater Manaqement Facilities Maintenance Aqreement recorded in the local land 2416 records of the Virqinia Beach Circuit Court, prior to issuance of a VSMP permit and 2417 shalL 2418 2419 1. Be submitted to the Administrator for review, approval and recordation prior to 2420 the issuance of the VSMP permit; 2421 2422 2. Be stated to run with the land; 2423 2424 3. Provide for all necessarv access to the property for purposes of maintenance 2425 and reaulatorv inspections; 2426 2427 4. Provide for inspections and maintenance and the submission of inspection 2428 and maintenance reports to the Administrator; 2429 2430 5. Be enforceable by all appropriate qovernmental parties; and 2431 2432 6. Be approved for leqal sufficiency bv the Citv Attorney. 2433 2434 B. At the discretion of the Administrator, such recorded instruments need not be 2435 required for stormwater manaqement facilities desiqned to treat stormwater runoff 2436 primarily from an individual residential lot on which thev are located, provided it is 2437 demonstrated to the satisfaction of the Administrator that future maintenance of such 2438 facilities will be addressed throuqh an enforceable mechanism. 2439 2440 C. If a recorded instrument is not required pursuant to the subsection above, the 2441 Administrator shall develop a strateqv for addressinq maintenance of stormwater 2442 manaqement facilities desianed to treat stormwater runoff primarily from an individual 2443 residential lot on which thev are located. Such a strateqv mav include periodic 2444 homeowner inspections, homeowner outreach and education, or other method tarqeted 2445 at qromoting the lonq-term maintenance of such facilities. Such facilities shall not be 2446 subiect to the requirement for an inspection to be conducted by the Administrator. 2447 2448 COMMENT 2449 2450 Stormwater facilities must be maintained. A stormwater management facilities 2451 maintenance agreement must be signed and recorded in Circuit Court. Individual residential lots 2452 are not required to have these agreements, but their facilities must still be maintained. 2453 2454 Sec. 1-29. Monitorinq and inspections. 54 2455 2456 A. The Administrator shall inspect the land-disturbinq activitv durinq construction for: 2457 2458 1. Compliance with the approved erosion and sediment control plan; 2459 2460 2. Compliance with the approved stormwater manaqement plan; 2461 2462 3. Development updatinq, and implementation of a pollution prevention plan; 2463 and 2464 2465 4. Development and implementation of any additional control measures 2466 necessarv to address a TMDL. 2467 2468 B. The Administrator may, at reasonable times and under reasonable 2469 circumstances, enter any establishment or upon any property, public or private, for the 2470 purpose of obtaininq information or conductinq survevs or investiqations necessary in 2471 the enforcement of the provisions of this Ordinance. 2472 2473 C. In accordance with a perFormance bond with surety, cash escrow, letter of credit, 2474 any combination thereof, or such other leqal arranqement or instrument, the 2475 Administrator mav also enter any establishment or upon any property, public or private, 2476 for the purpose of initiatinq or maintaininq appropriate actions which are required by the 2477 permit conditions associated with a land-disturbinq activity when a permittee, after 2478 proper notice, has failed to take acceptable action within the time specified. 2479 2480 D. Pursuant to § 62.1-44.15:40 of the Code of Virqinia, the Administrator may 2481 require every VSMP authority permit applicant or permittee, or any such person subiect 2482 to VSMP authoritv permit requirements under this Ordinance, to furnish when requested 2483 such application materials, plans, specifications, and other pertinent information as may 2484 be necessary to determine the effect of his discharqe on the auality of state waters, or 2485 such other information as mav be necessarv to accomplish the purposes of this 2486 Ordinance. 2487 2488 E. Post-construction inspections of stormwater manaaement facilities required by 2489 the provisions of this Ordinance shall be conducted bv the Administrator pursuant to the 2490 City's adopted and State Board approved inspection proaram, and shall occur, at 2491 minimum, at least once every five (5) vears. 2492 2493 COMMENT 2494 2495 The City must perform inspections for erosion and sediment control, compliance with the 2496 stormwater permit, and implementation of the pollution prevention plan. Inspectors have a right 2497 to enter such property at reasonable times. Permittees must provide any documentation required. 2498 All facilities must be inspected once every 5 years. 2499 2500 Sec.1-30. Hearinqs. 2501 55 2502 A. Any permit applicant or permittee, or person subiect to Ordinance requirements, 2503 aqqrieved bv anv action of the Citv taken in reqard to the Ordinance without a formal 2504 hearinq may demand in writinq a formal hearinq bv the Stormwater Appeals Board, 2505 who is desiqnated bv the Citv Council as its appeals bodv, provided a petition 2506 requestinq such hearinq is filed with the Administrator within 30 days after notice of 2507 such action is qiven by the Administrator. 2508 2509 B. The hearinqs held under this Section shall be conducted by the Stormwater 2510 Appeals at anv time and place authorized bv the Stormwater Appeals Board. 2511 2512 C. A verbatim record of the proceedinqs of such hearinqs shall be taken and filed 2513 with the Stormwater Appeals Board. Depositions mav be taken and read as in actions 2514 at law. 2515 2516 D. The Stormwater Appeals Board, shall have power to issue subpoenas and 2517 subpoenas duces tecum, and at the request of any partv shall issue such subpoenas. 2518 The failure of a witness without leaal excuse to appear or to testifv or to produce 2519 documents shall be acted upon by the Stormwater Appeals Board, whose action mav 2520 include the procurement of an order of enforcement from the circuit court. Witnesses 2521 who are subpoenaed shall receive the same fees and reimbursement for mileaqe as in 2522 civil actions. 2523 2524 COMMENT 2525 2526 This section creates the Stormwater Appeals Board, composed of city manager appointed 2527 representatives from Public Works, Public Utilities and Planning. A representative from the city 2528 attorney will serve as legal counsel to the Board. 2529 2530 Sec.1-31. Appeals. 2531 2532 Within thirty days of the decision of the Stormwater Appeals Board a decision 2533 entered pursuant to Section 1-30 may be appealed to the Circuit Court of the City of 2534 Virqinia Beach. The petition for appeal shall be filed in writinq within thirtv (30) days of 2535 the date of the decision, determination or action, shall state clearly the qrounds on 2536 which the appeal is based. 2537 2538 2539 2540 2541 2542 2543 2544 COMMENT Court. A decision of the Stormwater Appeals Board must be appealed within 30 days to the Circuit Sec.1-32. Enforcement. 2545 A. If the Administrator determines that there is a failure to complv with the VSMP 2546 authoritv permit conditions or determines there is an unauthorized discharqe, notice 2547 shall be served upon the permittee or person responsible for carryinq out the permit 2548 conditions bv any of the followinq: verbal warninqs and inspection reports, notices of 2549 corrective action, consent special orders, and notices to comply. Written notices shall 56 2550 be served bv reaistered or certified mail to the address specified in the permit 2551 application or bv deliverv at the site of the development activities to the aqent or 2552 employee supervisinq such activities. 2553 2554 1. The notice shall specifv the measures needed to comply with the permit 2555 conditions and shall specifv the time within which such measures shall be 2556 completed. Upon failure to complv within the time specified, a stop work order 2557 may be issued in accordance with subsection B. or the permit mav be 2558 revoked bv the Administrator. 2559 2560 2. If a permittee fails to comply with a notice issued in accordance with this 2561 section within the time specified, the Administrator mav issue an order 2562 requirinq the owner, permittee, person responsible for carrvinq out an 2563 appraved plan, or the person conductinq the land-disturbinq activities without 2564 an approved plan or required permit to cease all land-disturbinq activities until 2565 the violation of the permit has ceased, or an approved plan and required 2566 permits are obtained, and specified corrective measures have been 2567 completed. 2568 2569 Such orders shall become effective upon service on the person bv 2570 certified mail, return receipt requested, sent to his address specified in the 2571 land records of the locality, or bv personal delivery by an aaent of the 2572 Administrator. However, if the Administrator finds that anv such violation is 2573 qrosslv affectina or presents an imminent and substantial danqer of causinq 2574 harmful erosion of lands or sediment deposition in waters within the 2575 watersheds of the Commonwealth or otherwise substantiallv impactinq water 2576 quality, it may issue, without advance notice or hearinq, an emerqencv order 2577 directinq such person to cease immediately all land-disturbinq activities on the 2578 site and shall provide an opportunity for a hearina, after reasonable notice as 2579 to the time and place thereof, to such person, to affirm, modify, amend, or 2580 cancel such emerqency order. If a person who has been issued an order is 2581 not complyinq with the terms thereof, the Administrator mav institute a 2582 proceedina for an iniunction, mandamus, or other appropriate remedv in 2583 accordance with this section. 2584 2585 B. In addition to any other remedv provided by this Ordinance, if the Administrator 2586 or his desiqnee determines that there is a failure to comply with the provisions of this 2587 Ordinance, thev mav initiate such informal or formal administrative enforcement 2588 arocedures in a manner that is consistent with the provisions of this Ordinance. State 2589 law and requlations. 2590 2591 C. Any person violatinq or failing, neqlectinq, or refusing to obey any rule, 2592 requlation, ordinance, order, app roved standard or sp ecification, or any permit condition 2593 issued by the Administrator may be compelled in a proceedinq instituted in the Circuit 2594 Court of the Citv of Virqinia Beach bv the City to obe y same and to comply therewith bv 2595 2596 injunction, mandamus or other a ppropriate remedy. 57 2597 D. Any person who violates any provision of this Ordinance or who fails, nealects, or 2598 refuses to comply with any order of the Administrator, shall be subiect to a civil penalty, 2599 ordered bv the Circuit Courtnot to exceed $32,500 for each violation within the 2600 discretion of the court. Each day of violation of each requirement shall constitute a 2601 separate offense. 2602 2603 1. Violations for which a penaltv may be imposed under this Subsection shall 2604 include but not be limited to the followinq: 2605 i. No state permit reqistration; 2606 ii. No SWPPP; 2607 iii. Incomplete SWPPP; 2608 iv. SWPPP not available for review; 2609 v. No approved erosion and sediment control plan; 2610 vi. Failure to install stormwater BMPs or erosion and sediment controls; 2611 vii. Stormwater BMPs or erosion and sediment controls improperly 2612 installed or maintained; 2613 viii. Operational deficiencies; 2614 ix. Failure to conduct required inspections; 2615 X. Incomplete, improper, or missed inspections; and 2616 xi. Discharqes not in comqliance with the requirements of Section 9VAC 2617 25-870-1170 of the qeneral permit. 2618 2619 2. The Administrator mav institute proceedinqs for collection of the civil penaltv 2620 and the action may be prosecuted in the appropriate court. 2621 2622 3. In imposinq a civil penalty pursuant to this Subsection, the court may consider 2623 the deqree of harm caused bv the violation and also the economic benefit to 2624 the violator from noncompliance. 2625 2626 4. Anv civil penalties assessed bv a court as a result of a summons issued bv 2627 the Citv shall be paid into a seqreqated account into the treasury of the City of 2628 Virginia Beach to be used for the purpose of minimizinq, preventinq, 2629 manaqinq, or mitiqatinq pollution of the waters of the locality and abatinq 2630 environmental qollution therein. 2631 2632 5. Notwithstandinq any other civil or equitable remedv provided by this Section 2633 or by law, any person who willfullv or negliaently violates any provision of this 2634 Ordinance, any order of the Administrator, anv condition of a permit, or any 2635 order of a court shall, be quiltv of a misdemeanor punishable bv confinement 2636 in iail for not more than 12 months or a fine of not less than $2,500 or both. 2637 2638 COMMENT 2639 2640 This section includes the enforcement provisions available to the City for those in violation 2641 of this Ordinance. Notice of the violation must be provided to the permittee. Such provisions 2642 include stop work orders, injunctions and civil penalties in certain situations. 2643 2644 58 2645 Sec. 1-33. Fees. 2646 2647 A. Fees to cover costs associated with implementation of a VSMP related to land 2648 disturbinq activities and issuance of qeneral permit coveraqe and VSMP authoritv 2649 permits shall be imposed in accordance with the fees in Table 1. When a site or sites 2650 has been purchased for development within a previouslv permitted common plan of 2651 development or sale, the Applicant shall be subiect to fees in accordance with the 2652 disturbed acreaae of their site or sites accordinq to Table 1. 2653 2654 Table 1: Fees for stormwater plan review 2655 Fee tvpe Citv Stormwater Plan Review Fee ee aid irectl to the ommonwealth Chesapeake Bav Preservation Act Land- Disturbinq Activitv (not subiect to General Sinqle family: $205 Permit coveraae; sites within desiqnated areas of Chesapeake Bay Act localities with land- Duplex: $205 0 disturbance acreage equal to or qreater than All others: $600 2,500 square feet and less than 1 acre) General / Stormwater Manaqement - Small Construction Activitv/Land Clearinq (Areas Sinqle family: $205 81 within common plans of development or sale Duplex: $205 in le famil : 0 with land disturbance acreage less than 1 All others: $600 acre. General / Stormwater Manaaement - Small Sinqle family: $205 756 Construction Activity/Land Clearinq (Sites with Duplex: $205 in le famil : 0 land disturbance acreage equal to or areater than 1 acre and less than 5 Acres) All others: $1944 General / Stormwater Manaqement - Larqe Construction Activitv/Land Clearinq (Sites with 952 land disturbance acreage equal to or qreater 2 44$ than 5 acres and less than 10 acres) General / Stormwater Management - Larqe Construction Activitv/Land Clearinq (Sites with 1 260 land disturbance acreage equal to or qreater 3 240 than 10 acres and less than 50 acres) General / Stormwater Manaqement - Larqe Construction Activitv/Land Clearing (with land 1 708 disturbance acreage equal to or qreater than 4 392 50 acres and less than 100 acres) General / Stormwater Manaqement - Larqe Construction Activitv/Land Clearinq (with land 2 688 disturbance acreage equal to or qreater than 6 912 100 acres 59 2656 * If the proiect is completelv administered bv the Department such as mav be the 2657 case for a state or federal proiect or proiects covered by individual permits, the 2658 entire applicant fee shall be paid to the Commonwealth. 2659 2660 COMMENT 2661 2662 Fees are based on the area of actual land disturbance and the chart includes the 28% of the 2663 fee that must be sent to the Commonwealth. 2664 2665 B. Fees for the modification or transfer of reaistration statements from the qeneral 2666 permit issued bv the State Board shall be imposed in accordance with Table 2. If the 2667 qeneral permit modifications result in chanqes to stormwater manaqement plans that 2668 require additional review bv the Citv of Virqinia Beach, such reviews shall be subiect to 2669 the fees set out in Table 2. The fee assessed shall be based on the total disturbed 2670 acreaqe of the site. In addition to the qeneral permit modification fee, modifications 2671 resultinq in an increase in total disturbed acreaqe shall pay the difference in the initial 2672 permit fee paid and the permit fee that would have applied for the total disturbed 2673 acreaqe in Table 1. 2674 2675 Table 2: Fees for the modification or transfer of repistration statements for the 2676 General Permit for Discharaes of Stormwater from Construction Activities 2677 Tvpe of Permit Fee Amount General / Stormwater Manaqement - Small Construction Activity/Land Clearinq (Areas within common plans of development or sale with land disturbance acreaqe less than 1 20 acre General / Stormwater Manaqement - Small Construction Activitv/Land Clearinq (Sites with land disturbance acreaqe equal 200 to or qreater than 1 and less than 5 acres) General / Stormwater Manaqement - Larqe Construction Activitv/Land Clearinq (Sites with land disturbance acreaqe equal 250 to or areater than 5 acres and less than 10 acres) General / Stormwater Manaqement - Larae Construction Activitv/Land Clearinq (Sites with land disturbance acreaqe equal 300 to or qreater than 10 acres and less than 50 acres) General / Stormwater Manaqement - Larqe Construction Activitv/Land Clearinq (Sites with land disturbance acreaqe equal 450 to or qreater than 50 acres and less than 100 acres) General / Stormwater Manaqement - Larqe Construction Activitv/Land Clearina (Sites with land disturbance acreaqe equal 700 to or qreater than 100 acres) 2678 2679 C. The following annual permit maintenance shall be imposed in accordance with 2680 Table 3, includinq fees imposed on expired permits that have been 2681 administrativelv continued. With respect to the qeneral permit, these fees shall 2682 apply until the permit coveraqe is terminated. 60 2683 2684 2685 2686 2687 2688 2689 2690 2691 2692 2693 2694 2695 2696 2697 2698 2699 2700 2701 2702 2703 2704 2705 COMMENT These fees are optional, but will cover the cost of revisions to the plans and permits. Table 3: Permit Maintenance Fees Tvpe of Permit Fee Amount Chesapeake Bav Preservation Act Land-Disturbinq Activitv (not subiect to General Permit coveraqe; sites within desiqnated areas of Chesapeake Bay Act localities with land-disturbance acreaqe 50 e ual to or greater than 2,500 s uare feet and less than 1 acre General / Stormwater Manaqement - Small Construction Activitv/Land Clearinq (Areas within common plans of development or sale with land disturbance acreaqe less than 1 50 acre General / Stormwater Manaqement - Small Construction Activity/Land Clearina (Sites with land disturbance equal to or 400 greater than 1 acre and less than 5 acres) General / Stormwater Manaqement - Larqe Construction Activitv/Land Clearinq (Sites with land disturbance acreaqe equal 500 to or greater than 5 acres and less than 10 acres) General / Stormwater Manaqement - Larqe Construction Activitv/Land Clearinq (Sites with land disturbance acreaqe equal 650 to or greater than 10 acres and less than 50 acres) General / Stormwater Manaqement - Larqe Construction Activitv/Land Clearinq (Sites with land disturbance acreaae equal 900 to or greater than 50 acres and less than 100 acres) General / Stormwater Manaqement - Large Construction Activity/Land Clearinq (Sites with land disturbance acreaqe equal 1 400 to or greater 100 acres) General aermit coveraae maintenance fees shall be paid annuallv to the Citv of Virqinia Beach, by the anniversary date of qeneral permit coveraqe. No permit will be reissued or automatically continued without payment of the required fee. General aermit coveraae maintenance fees shall be applied until a Notice of Termination is effective. C'nMMF,NT These fees are annual fees that apply while the permit is still active. It will encourage the termination of these permits by the permittee. D. The fees set forth in Subsections A. throuqh C. above, shall apply to: 1. All persons seekinq coveraqe under the qeneral qermit, if required. 61 2706 2707 2708 2709 2710 2711 2712 2713 2714 2715 2716 2717 2. All permittees who request modifications to or transfers of their existing reqistration statement for coveraqe under a qeneral permit. 3. Persons whose coveraqe under the qeneral permit has been revoked shall apply to the Department for an Individual Permit for Discharges of Stormwater From Construction Activities. 4. Permit and permit coveraqe maintenance fees outlined under Section 1-33 C. mav applv to each qeneral permit holder. E. No general permit application fees will be assessed to: 2718 1. Permittees who request minor modifications to general permits as defined in 2719 section 1-3 of this Ordinance. Permit modifications at the request of the 2720 permittee resultinq in chanqes to stormwater manaqement plans that require 2721 additional review by the Administrator shall not be exempt pursuant to this 2722 Section. 2723 2724 2. Permittees whose general permits are modified or amended at the initiative of 2725 the Department excludinq errors in the registration statement identified bv the 2726 Administrator or errors related to the acreaqe of the site. 2727 2728 F. All incomplete pavments will be deemed as nonpavments, and the applicant shall 2729 be notified of anv incomplete payments. Interest mav be charqed for late 2730 payments at the underpayment rate set forth in §58.1-15 of the Code of Virqinia 2731 and is calculated on a monthly basis at the applicable periodic rate. A 10% late 2732 payment fee shall be charqed to any delinquent (over 90 davs past due) account. 2733 The Citv of Virqinia Beach shall be entitled to all remedies available under the 2734 Code of Virqinia in collectinq any past due amount. 2735 2736 COMMENT 2737 2738 Fees shall not be assessed against permittees with only minor modification or modification 2739 required because of City errors. 2740 2741 Sec. 1-34. Performance bond. 2742 2743 Prior to issuance of any permit, the Applicant mav be required to submit a 2744 reasonable performance bond with surety, cash escrow, letter of credit, anv combination 2745 thereof, or such other leqal arranqement acceptable to the Citv Attorney, to ensure that 2746 measures could be taken by the City at the Applicant's expense should he fail, after 2747 proper notice, within the time specified to initiate or maintain apqropriate actions which 2748 mav be required of him bv the permit conditions as a result of his land disturbinq 2749 activity. If the Citv takes such action upon such failure by the Applicant, the Citv mav 2750 collect from the Applicant for the difference should the amount of the reasonable cost of 2751 such action exceed the amount of the securitv held, if any. Within 60 days of the 2752 completion of the requirements of the permit conditions, such bond, cash escrow, letter 62 2753 of credit or other leqal arranqement or the unexpended or unobliqated portion thereof, 2754 shall be refunded to the Applicant or terminated. 2755 2756 COMMENT 2757 2758 This section may require the permittee to post a performance bond for the guaranty of 2759 acceptable performance. 2760 2761 Sec. 1-35. Public works specifications and standards. 2762 2763 The Public Works Specifications and Standards, includinq all future amendments 2764 thereto is herebv adopted and incorporated bv reference into this ordinance. However, 2765 whenever the Public Works Specifications and Standards and the State requlations, 2766 includinq the BMP Clearinqhouse conflict, the State requlations and the BMP 2767 Clearinqhouse shall control, unless the more strinqent provision of the Specification 2768 and Standards was applicable prior to January 1, 2013. 2769 2770 COMMENT 2771 2772 This section indicates that the provisions of Public Works Specification and Standards will 2773 apply, but all conflicts will be governed by the state regulations or the BMP Clearinghouse. The 2774 more stringent provisions of the Specifications and Standards can apply if they were applicable on 2775 January 1, 2013. 2776 2777 Sec.1-36. Severability. 2778 2779 Each separate provision of this ordinance is deemed independent of all other 2780 provisions herein so that if anv provision or provisions of this ordinance be declared 2781 invalid, all other provisions thereof shall remain valid and enforceable. 2782 2783 Sec. 1-37. Effective date. 2784 2785 This ordinance shall become effective on July 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2014. APPROV.ED AS TO CONIFENT: APPROVED AS TO CONTENT: 0 MU p , . Planning D artment Depart ent of Public orks 63 APPROVED AS TO CONTENT: 4r4't&,J> l'1 &4?Y Department of Public Utilities CA12489/ 4/14/14 APPROVED AS TO LEGAL SUFFICIENCY: ? Ci y Attorney's Office 64 p F-- ? O ? ? ? ? 4 .?, ? ? ? ? 4 a v v O W Z Z d N N W ? Z i d ? M oi E 0 x ? j ? c 0 .., ? 0 ? P a d ? ? a ? C d 04 ? ? ? ? c 0 ? 0 ? w .? , S ;I i° - ?? s> S ..? r s.•°?w??,r' CITY OF VIRGINIA BEACH AGENDAITEM ITEM: KAREN C. DALESANDRO (Applicant & Owner), Conditional Use Permit for a Family [Child] Daycare Home with a maximum of 12 children. 3705 Joppa Lane (GPIN 1484294709). COUNCIL DISTRICT - PRINCESS ANNE. MEETING DATE: April 22, 2014 ¦ Background: The applicant requests a Conditional Use Permit for a Home Family [Child] Daycare facility for a maximum of 12 children. The applicant has been operating a childcare facility at this location for 20 years and is licensed by the Commonwealth of Virginia, Department of Social Services. The applicant has a valid Virginia Beach business license; however, there is no record of a Conditional Use Permit, and thus, this application has been submitted. ¦ Considerations: There will be no additional employees other than the applicant. The daycare is open from 7:00 a.m. to 5:30 p.m., Monday through Friday. Drop-off and pick-up times will be staggered, and the applicant states that there will rarely be more than two cars present at the property at one time. Occasionally, early drop-off times and late pick-up times will be requested. No drop-off time will be earlier than 6 a.m. or pick-up time later than 6 p.m. The ages of the children will range from infant to 12. Additional details pertaining to the applicanYs daycare operation are provided in the attached staff report. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions. 1. The Family [Child] Home Daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. KAREN DALESANDRO Page 2 of 2 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family Daycare Home at any one time. 3. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 4. All play equipment associated with the child daycare business shall be located behind the front faCade of the house and within the fenced yard area when no open for business. 5. A non-illuminated sign not more than one square foot in area, identifying the home daycare may be mounted flat against the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family [Child] Daycare Home. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department cC???? City Manager: S k , PRINCESS ANNE Va?Fdl e n xeie xaren D. Uaiesanaro . ? ? . _ PL1Ht t ti PDFit1 ,ory ? g ?j ? , 44 • w . \ ,\ P? I I l ? ' :p ? ODH1 , PDH1 ? b 4e R5D ? ?w,x?.w? cwawws4?... or« sn.?. o?omorw. CUP - Nome Oewpstion • Famil y Dayeare Home K March 12, 2014 Public Hearing APPLICANT: KAREN D. DALESANDRO PROPERTY OWNERS: JERRY & KAREN DALESANDRO STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit (Home Occupation for Family [Child] Daycare Home) ADDRESS / DESCRIPTION: 3705 Joppa Lane GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14842947090000 PRINCESS ANNE 6,307 square feet Less than 65 d6 DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for a Home Family [Child] Daycare facility for a maximum of 12 children. The applicant has been operating a childcare facility at this location for 20 years and is licensed by the Commonwealth of Virginia, Department of Social Services. The applicant has a valid Virginia Beach business license; however, there is no record of a Conditional Use Permit, and thus, this application has been submitted. There will be no additional employees other than the applicant. The daycare is open from 7:00 a.m. to 5:30 p.m., Monday through Friday. Drop-off and pick-up times will be staggered, and the applicant states that there will rarely be more than two cars present at the property at one time. Occasionally, early drop-off times and late pick-up times will be requested. No drop-off time will be earlier than 6 a.m. or pick-up time later than 6 p.m. The ages of the children will range from infant to 12. The home is located on a 6,307 square foot lot. The backyard is fully enclosed with a wood privacy fence. The entrance to the daycare area is on the east side of the home and that portion of the yard has a gate dedicated for that area. There is also an above-ground swimming pool in the backyard. The pool area is fenced and locked at all times. KAREN D. DALESANDRO Agenda Item 2 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-Family Dwelling SURROUNDING LAND North: . Joppa Lane USE AND ZONING: . Single-Family Dwellings / PD-H1 Planned Unit Development District South: • Single-Family Dwellings / PD-H1 Planned Unit Development District East: • Single-Family Dwellings / PD-H1 Planned Unit Development District • Athletic Fields / R-51D Residential District West: . Single-Family Dwellings / PD-H1 Planned Unit Development District NATURAL RESOURCE AND The site is developed with a single-family home and has CULTURAL FEATURES: vegetation typical of a single-family residential yard. There are no known significant natural resources or cultural features. The site is located in the Southern Watershed. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as 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. Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities, such as home occupations, either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 3-1, 3-2) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The site is located on the cul-de-sac bulb of Joppa Lane, a residential street with eleven houses on it. Joppa Lane is not listed in the Master Transportation Plan and there are no Roadway Capital Improvement Plan projects in this area TRAFFIC: Street Name Present present Capacity Generated Traffic Volume Joppa Lane N/A Up to 9,000 ADT Existing Land Use - (Level of Service "D") 90 ADT KAREN D. DALESANDRO Agenda Item 2 Page 2 Proposed Land Use - 64 ADT Average Daily Trips Z as defined by single-family home 3 as defined by a single-family home with a child daycare (12 children) WATER 8 SEWER: This site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION The Department of Social Services is responsible for ensuring quality care for the children. A Family [Child] Daycare Home is subject to licensure when 6 to 12 children, not including the provider's own children or any children who reside in the home, are provided care at any one time. The licensed capacity is the number of children allowed in care at any one time. The number of children permitted is based on age and is determined by a point system developed by the Virginia Department of Social Services. The applicant is requesting a Conditional Use Permit for a family daycare home for up to 12 children. A Conditional Use Permit is required by the City Zoning Ordinance for any home providing care for more than five children except children who are related by blood or marriage to persons who maintain the home or where the total number of children received, including relatives, exceeds seven. The subject site contains a single-family dwelling located on a 6,307 square foot lot. The backyard of the property is entirely enclosed with a wood privacy fence and provides for a small children's play area. Traffic generated by this use will not negatively impact any of the neighboring properties. Moreover, the subject site is located on a cul-de-sac that experiences a low traffic volume. Additionally, the arrival and departure times of the customers will be staggered to prevent congestion. There is space in the driveway, as well as the cul-de-sac, that is adequate for customers to turn their vehicles around and exit the neighborhood. The applicant proposes no changes to the exterior of the dwelling. Based on the above, staff recommends approval of this request with the conditions listed below. CONDITIONS 1. The Family [Child] Home Daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family Daycare Home at any one time. 3. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 4. All play equipment associated with the child daycare business shall be located behind the front KAREN D. DALESANflRO Agenda Item 2 Page 3 faCade of the house and within the fenced yard area when no open for business. 5. A non-illuminated sign not more than one square foot in area, identifying the home daycare may be mounted flat against the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family [Child] Daycare Home. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site p/an submitted with this application may require revision during detailed site p/an review to meet all applicable City Codes and Standards. All applicab/e permits required by the City Code, including those administered by the Department of P/anning / Development Services Center and Department of Planning / Permits and /nspections Division, and the issuance of a Certiricate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmenta/ Design (CPTED) concepts and strategies as they pertain to this site. KAREN D. DALESANDRO ` Agenda Item 2 Page 4 ?.? ? t T ? , ???`.. ???? ? 40'c_?? ?..,; ysy? s. r . ?-?• ?? i -Wv Y..i 4 AERIAL OF SITE LOCATION KAREN D. DALESANDRO Agenda Item 2 Page 5 TMIS IS TO CERTIFY THAT {, ON 3-21 -9 1 , SUFVEYED THE PROrERTY SNOWN HEREOH, AND THAT THE SIT:E LtNE4 AkS °HY3tCAL IMPROVEMENT9 ARF. AS aMdWN HEf1tW1. THE IMPAOVEMEHTS STQND S?R:IC7lY WITNIH 7NE TITLE LINEt OND THERE ARE kJ ENCROACKMENTS OR VISIHLE EkSEMEH!S EXCEPT A! SFiOWN. E{ANEO, . . 6LTIL1Tl' QND . ' DHAIN ?/SCM'T ?? at IP(Fll --- ? S?a' 7>:lC7'E . rIP(F) n ut U T0.P.N3 ?` ?•,? ?om ='1'J ?QQ IV_ u? zai xzUl I (iI J w u? zQ z am ?(3 =0at^' .. ?u4 1xFn ? aJ?? p?l t_ _ r ,- z ?q?? i Sp R?iv PHYSICAL SUHVEY ? OF LOP 7 SUdD1Yi5i0N OF SALBM LAKES, S!,CTION J- TWO KEHPSVSLLE BOROUGH - VT:<OINIA BEACH, YIRCINIA FQ:' JERRY A. DALBSIINDRD, JR, & KAREN D. DALSSrNDAO HaR. 21,1491 1"= 20' ' ?ALTN n , SCTLE: " / ?? t:,,.E: °OR f:.A: SEE H.B. 173 iU 19 VIRGINTA GINIII DEACF! , VIR wARD M.NOLME$ ? Ct0.II11CntE No. V ' 1103 4iQLME3 WARD M GINA V . ?o ?, LAND SURVEYOR, PC. yosuaJ ' 9626 GRANBY Sl:, SUITE 208 NORFOLK, VIRGINIA 23503 I i I 804-480-1230 ' ?ROJECT W0. 9)3S9 SITE SURVEY ? KAREN D. DALESANDRO Agenda Item 2 Page 6 l , PRINCESS ANNE Ma {? F-II Karen D. Dalesandro R4a FJor ro scale . , ;`ls ?OU87j,y DOVE LN ?\/J' Qv ? `loipA 94V q 4 > `? J ? `?? ? ?'?Q, • V V R5D ,o , A 'ZoningwithCondlrionsiProf/ers, OponSpacePiomotion CUP - Home Occupation - Family Daycare Home ZONING HISTORY # DATE REQUEST ACTION 1 06/11/2013 Conditional Use Permit Famil Da care Home Ap roved 2 08/09/1995 Conditional Use Permit Recreational Facilit Approved 3 08/06/1979 Rezonin R-8 to PDH A roved ,?NIA •B? KAREN D. DALESANDRO Agenda Item 2 Page 7 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complefe the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Atfach list if necessary) 2. List all bus+nesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ?Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of atl 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) N 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 nyeef othe City of Virginia Beach have an interest in the subject land? Yes No ? If yes, what is the name of the official or employee and the nature of their interest? 1 ? ? ? ? ? t E M . ? o ? M ? ? ? !- 0 e DISCLOSURE STATEMENT KAREN D. DALESANDRO Agenda Item 2 Page 8 1 IN ( ? ADDITIONAL DISCLOSURES ? List all known coniractors or businesses that have or wili provide services with respect ? to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 22-3101. 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 enti#ies; 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. M ? ? / ?I ? ? ? ? ? C ? t E 1 ? CERTIFICATION: I certify that the information contained herein is true and accurate. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for public 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 Plann)ng to photograph and view the site for purposes of processing and evaluating this application. Print Name Owner's i nate?PP- ?'r g (? h? plicant) Print me DISCLOSURE STATEMENT KAREN D. DALESANDRO Agenda Item 2 Page 9 Item #2 Karen C. Dalesandro Conditional Use Permit 3705 Joppa Lane District 7 Princess Anne March 12, 2014 CONSENT An application of Karen C. Dalesandro for a Conditional Use Permit (Home Occupation for Family [Child] Daycare Home) on property located at 3705 Joppa Lane, District 7, Princess Anne. G P I N: 14842947090000. CONDITIONS 1. The Family [Child] Home Daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family Daycare Home at any one time. 3. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 4. All play equipment associated with the child daycare business shall be located behind the front fa?ade of the house and within the fenced yard area when no open for business. 5. A non-illuminated sign not more than one square foot in area, identifying the home daycare may be mounted flat against the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family [Child] Daycare Home. A motion was made by Commissioner Hodgson and seconded by Commissioner Thornton to approve item 2. Item #2 Karen C. Dalesandro Page 2 AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 2 by consent. The applicant appeared before the Commission. c 0 ? ? r-L ? ? O a ? 0 ? ? j V W Z Z a M+ ? W 0 Z ? ? a ? 0 ? 0 ? P a ? ? ? a ? C d ? ? ? ? ? C O : b C O ? w 3 a, c C N a o h?? l? +J? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JUDY STUVER (Applicant) / DOUG & JUDY STUVER (Owner), Conditional Use Permit for a Family [Child] Daycare Home with a maximum of 12 children. 1085 Tolstoy Court (GPIN 2415714607). COUNCIL DISTRICT - PRINCESS ANNE. MEETING DATE: April 22, 2014 ¦ Background: The applicant requests a Conditional Use Permit for a Family [Child] Daycare Home for up to 12 children. The applicant has been operating a childcare facility at this location since June 2012, and is licensed by the Commonwealth of Virginia, Department of Social Services. The applicant has a valid Virginia Beach business license; however, there is no record of a Conditional Use Permit, and thus, this application has been submitted. ¦ Considerations: There will be one additional person assisting the applicant on a part-time basis. The daycare is open from 7:00 a.m. to 6:00 p.m., Monday through Friday. Drop- off and Pick-up times will be staggered. The age of children range from 2 to 5 years old. The home is located on a 7,825 square foot lot. The backyard provides ample space for play and is fully enclosed with a six-foot high wood privacy fence. Additional details pertaining to the applicant's daycare operation are provided in the attached staff report. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The Family [Child] Home Daycare shall be limited to a total of finrelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. JUDY STUVER Page 2 of 2 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family Daycare Home at any one time. 3. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 4. All play equipment associated with the child daycare business shall be located behind the front faCade of the house and within the fenced yard area when not open for business. 5. A non-illuminated sign not more than one square foot in area, identifying the home daycare may be mounted flat against the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of the Conditional Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Office for use of the house as a Family Daycare Home. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department ?y S • ? ?, City Manager: `? 40 RINCESS ANNE Judy Stuvcr ? _? ' ? ` ? • % K5Lr R5D" c? ' R ' , ? ? ? X/ h ' ? ? ? ?- ' , ?S u ?,° RsQ? . 4rea ,? ? ,? • . RSO• . .; . ? ?, ?., ?? ? . ? n` ,- ti ? ? _ ti.M, 3 1 . g' " ROL1'' R5D• 8 ,?•?t5p* ? ? ' ? ? '?? • . ? N CUP /or Home Oxupation 4 March 12, 2014 Public Hearing APPLICANT: JUDY STUVER PROPERTY OWNERS: DOUG & JUDY STUVER STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit for Home Occupation (Family Child Daycare) ADDRESS / DESCRIPTION: 1085 Tolstoy Court GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24157146070000 PRINCESS ANNE 7,825 square feet 65-70 dB DNL, Sub Area 2 BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for a Family [Child] Daycare Home for up to 12 children. The applicant has been operating a childcare facility at this location sinc.e,June 2012, and is licensed by the Commonwealth of Virginia, Department of Social Services. The applicant has a valid Virginia Beach business license; however, there is no record of a Conditional Use Permit, and thus, this application has been submitted. There will be one additional person assisting the applicant on a part-time basis. The day care is open from 7:00 a.m. to 6:00 p.m., Monday through Friday. Drop-off and Pick-up times will be staggered. The age of children will range from 2 to 5 years old. The name of the applicanYs business is 'Miss Judy's Preschool.' The applicant states that it is her goal to provide quality, home-based care and education to preschool-aged children in the community to make them successful, productive elementary school students. The home is located on a 7,825 square foot lot. The backyard provides ample space for play and is fully enclosed with a six-foot high wood privacy fence. The home is located on a cul-de-sac in the Ocean Lakes neighborhood. JUDY STUVER Agenda Item 4 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-Family Dwelling SURROUNDING LAND North: . Tolstoy Court USE AND ZONING: • Single-Family Dwellings / PD-1-12 Planned Development District [R-5D Residential] South: . Single-Family Dwellings / PD-H2 Planned Development District [R-5D Residential] East: . Single-Family Dwellings / PD-H2 Planned Development District [R-5D Residential] West: • Single-Family Dwellings / PD-1-12 Planned Development District [R-5D Residential] NATURAL RESOURCE AND The site is developed with a single-family dwelling. There are no CULTURAL FEATURES: known significant natural resources or cultural features on the site. The site is located in the Southern Watershed. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as 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. Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve neighborhood quality, the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities, such as home occupations, either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to surrounding uses. (pp. 3-1, 3-2) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Access to this site is from Tolstoy Court, which is a two-lane local street with a fifty-foot right-of-way width. Tolstoy Court is not included in the City's Master Transportation Plan, and no Roadway CIP projects are currently planned for this roadway. TRAFFIC: Street Name Present present Capacity Generated Traffic Volume Tolstoy Court N/A 6,200 ADT (Level of Existing Land Use - Service "C") 10 ADT JUDY STUVER Agenda Item 4 Page 2 9,900 ADT (Level of Proposed Land Use Service "D") - 64 ADT 11,100 ADT' (Level of Service "E" Average Daily Trips Z as defined by one single-family dwelling 3as defined b a sin le-famil dwellin with a child da care 12 children WATER & SEWER: This site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION The Department of Social Services is responsible for ensuring quality care for the children. A Family [Child] Daycare Home is subject to licensure when 6 to 12 children, not including the provider's own children or any children who reside in the home, are provided care at any one time. The licensed capacity is the number of children allowed in care at any one time. The number of children permitted is based on age and is determined by a point system developed by the Virginia Department of Social Services. The applicant is requesting a Conditional Use Permit for a childcare of up to 12 children. A Conditional Use Permit is required by the City Zoning Ordinance for any home providing care for more than five children, except children who are related by blood or marriage to persons who maintain the home or where the total number of children received, including relatives, exceeds seven. The subject site contains a single-family dwelling located on a 7,825 square foot lot. The backyard of the property is entirely enclosed by a six-foot high privacy fence and provides ample space for play. The traffic generated by this use will not negatively impact any of the neighboring properties. The site is located on a cul-de-sac that experiences low traffic volume. Additionally, the arrival and departure times will be staggered to prevent congestion. There is space in the driveway, as well as within the cul-de-sac that will provide space for the customers to turn their vehicles around and exit the neighborhood. The applicant is proposing no changes to the exterior of the home or property. Based on the above, Staff recommends approval of this request with the conditions listed below. CONDITIONS 1. The Family [Child] Home Daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family Daycare Home at any one time. 3. The applicant shall stagger the arrival and departure times for the children such that vehicular JUDY STUVER Agenda Item 4 Page 3 congestion is avoided. 4. Ail play equipment associated with the child daycare business shall be located behind the front faCade of the house and within the fenced yard area when not open for business. 5. A non-illuminated sign not more than one square foot in area, identifying the home daycare may be mounted flat against the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of the Conditional Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning DepartmenU Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Office for use of the house as a Family Daycare Home. NOTE: Further conditions may be required during the administration of applicab/e City Ordinances and Standards. Any sife plan submitted with this application may require revision during detailed site p/an review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of P/anning / 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 wifh the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and sfrategies as they perfain to this site. JUDY STUVER Agenda Item 4 Page 4 AERIAL OF SITE LOCATION JUDY STUVER Agenda Item 4 Page 5 ORIENTATION OF HOUSE ON LOT (taken from City GIS) JUDY STUVER Agenda Item 4 Page 6 ZONING HISTORY # DATE REQUEST ACTION 1 01/11/2011 Conditional Use Permit Publishin / editin business A roved 2 01/01/1985 Land Use Plan PD-H2 R-5D Residential Ocean Lakes Ap roved JUDY STUVER Agenda Item 4 Page 7 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, comptete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Aftach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Atfach list if necessary) ? IA-- ? 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 differenf from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach lisf if necessary) 2. List all businesses that have a parent-subsidiary' or affiiiated business entity2 relationship with the applicant: (Attach lisf if necessary) 'l. f?? El Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No ? If yes, what is the name of the official or employee and the nature of their interest? 1 ? ? ? ? / DISCLOSURE STATEMENT JUDY STUVER Agenda Item 4 Page 8 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) n jC,+ '"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 befinreen the business entities. Factors that shoutd 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 Lvcal Government Conflict of Interests Act, Va. Code § 22-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for public 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. J(44 3q4, Jlit dJ S'I'tdVPY ApplicanYs Sign ture Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT JUDY STUVER Agenda Item 4 Page 9 Item #4 Judy Stuver Conditional Use Permit 1085 Tolstoy Court District 7 Princess Anne March 12, 2014 CONSENT An application of Judy Stuver for a Conditional Use Permit for Home Occupation (Family Child Daycare) on property located at 1085 Tolstoy Court, District 7, Princess Anne. GPIN: 24157146070000. CONDITIONS 1. The Family [Child] Home Daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family Daycare Home at any one time. 3. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 4. All play equipment associated with the child daycare business shall be located behind the front fagade of the house and within the fenced yard area when not open for business. A non-illuminated sign not more than one square foot in area, identifying the home daycare may be mounted flat against the house. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of the Conditional Use Permit. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Office for use of the house as a Family Daycare Home. A motion was made by Commissioner Hodgson and seconded Commissioner Thornton to approved item 4. Item #4 Judy Stuver Page 2 AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 4 by consent. The applicant appeared before the Commission. W Z Z a ? H W 0 z ? ? 0. r 10 C ? 0 om M ? . M 4 / .. ? C ? ? w a Q j U C O O ? e 4 a? ? c? U4 C at O ? ? ? e CIL ? 0 ? ? a u ? ? C C N • !04 s ,N y? CITY OF VIRGINIA BEACH , AGENDA ITEM , ITEM: ENTERPRISE LEASING COMPANY OF NORFOLK (Applicant) / SISTERS II, LLC (Owner), Conditional Use Permit for motor vehicle rentals. 2428 Princess Anne Road (GPIN 1494920986). COUNCIL DISTRICT - PRINCESS ANNE. MEETING DATE: April 22, 2014 ¦ Background: The applicant requests a Conditional Use Permit for motor vehicle rentals on a property zoned B-2 Community Business District, opposite from the City of Virginia Beach Municipal Center. The business will occupy an existing building, formerly a convenience store, within the Courthouse Historic and Cultural District. ¦ Considerations: According to the application, the fleet contains up to 70 vehicles; however, it is anticipated that no more than 10 rental vehicles will be on the site at any one time. The typical hours of operation are stated as Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturday, 9:00 a.m. to 12:00 p.m. The site will be improved to meet City development ordinances and standards, as well as to accommodate the applicant's operation. A small addition, approximately 1,000 square feet, for hand-washing and vacuuming of vehicles is proposed on the rear of the building. Specific information pertaining to the proposed operation, site plan, and building modifications, as well as Staff's evaluation of the proposal, are provided in the attached staff report. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the concept plan entitled, "Exhibit of Enterprise Rental Car Site Modification for Sisters II, LLC," prepared by Kellam Gerwitz, dated 10/21/13. ENTERPRISE LEASING Page 2 of 3 2. Unless otherwise authorized by a parking deviation issued by the Planning Director, no more than 14 motor vehicle parking spaces shall be permitted on the site. The number of motor vehicles on the site at any one time, including but not limited to rental vehicles, customer vehicles and employee vehicles, shall be limited to the total number of parking spaces on the site. 3. Vehicles shall be parked in the designated parking spaces and no vehicles shall be parked within any portion of the public right-of-way. 4. The one-way drive aisle shall be no wider than 13 feet. 5. Consistent with the recommendations of the Historical Review Board, the architectural design, exterior building materials, and color scheme for the existing building on the property shall remain in its current state, other than the improvements, including building signage, as depicted on the exhibit entitled, "Tradedress Rendering, page 1 of 4." 6. Consistent with the recommendations of the Historical Review Board, the approximately 1,000 square foot building addition on the northern portion of the existing structure shall have exterior building materials of beaded cement fiber board (HardiePlank) siding with a six-inch reveal, a brick foundation skirt utilizing Pine Hall Brick's Salem Blend, and an architectural grade roof shingle utilizing GAF Timberline "Charcoal." 7. Consistent with the recommendations of Historical Review Board, the freestanding sign, when constructed, shall comply with applicable requirements of the City of Virginia Beach Zoning Ordinance, shall be a monument style sign as depicted on to page 4 of 4"Front View Elevation - Option C," dated 2/4/14, and shall not exceed seven feet in width and four- feet, four-inches in height. 8. Freestanding signage, if lit, shall be externally lit. 9. The plant material depicted on the concept plan referenced in Condition 1 above shall be installed. In addition, streetscape landscaping and interior parking lot landscaping, consistent with the Virginia Beach Landscaping Guide, shall be depicted on the final site plan and installed as required. 10. A landscaped, planted area, of a minimum of 75 square feet, shall be installed around the base of the existing freestanding sign, as per the City of Virginia Beach Landscaping Guide. 11. The 15-foot wide buffer depicted on the concept plan referenced in Condition 1 shall remain in a natural state. ENTERPRISE LEASING Page3of3 12. Prior to approval of the final site plan, the applicant shall submit written proof that the reduction of the Dominion Virginia Power easement is acceptable to the utility company. 13. No maintenance of motor vehicles shall be permitted on site, other than hand-washing and vacuuming, which shall be performed inside the building. 14. All parking spaces, as depicted on the concept plan referenced in Condition 1 above, shall be marked by painted striping, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 15. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or the vehicles. There shall be no signs that are pasted or attached to utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 16. The applicant shall submit a site plan to the Department of Planning / Development Services Center for review and approval of all proposed on-site improvements prior to occupancy of the site. 17. The finro existing vehicular access points shall be replaced with one access point, as depicted on the concept plan referenced in Condition 1 above. 18. This Conditional Use Permit is for the rental of motor vehicles only. Sale of motor vehicles shall not be permitted on the site. 19. The parcel must connect to the City water system. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission ? recommends approval. Submitting Department/Agency: Planning Department City Manager: S K-• W''? ? PRINCE88 ANNE ??,1r" Enterprise Leasing C;ompany oi ivortolK • `?? :\.J,:: ?_ .. ? rc R40 70 dh. ?i ? ? SttIJ ' R _ ` AG2 B2, , . 62* . ' ? • ? :, _ - ? ?, ?? . 02 ? AGZ ? ; ? B?. ? ? .? oz ub Area . . ??? ? : 4 . ? ?`, ??• ', m;> AG1 02 : ? ?11?z zo?wq.w? ce?w.?oMp,aw,.. ar.? s?.no?ww. CUP Auto Rental REQUEST: Conditional Use Permit (motor vehicle rental) ADDRESS / DESCRIPTION: 2428 Princess Anne Road 7 March 12, 2014 Public Hearing APPLICANT: ENTERPRISE LEASING COMPANY OF NORFOLK / RICHMOND, LLC PROPERTY OWNER: 2400 PRINCESS AN N E ROAD INVESTMENTS, LLC STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14949209860000 PRINCESS ANNE 28,558 square feet 65 - 70 dB DNL (0.66 acre) BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for motor vehicle rentals on a property zoned B-2 Community Business District, opposite from the City of Virginia Beach Municipal Center. The operation will occupy an existing building, formerly a convenience store, within the Courthouse Historic and Cultural District. A small addition, approximately 1,000 square feet, for hand-washing and vacuuming of vehicles is proposed on the rear of the building. According to the application, the fleet contains up to 70 vehicles, however, it is anticipated that no more than 10 rental vehicles will be on the site at any one time. The typical hours of operation are stated as Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturday, ENTERPRISE LEASING Agenda Item 7 Page 1 9:00 a.m. to 12:00 p.m. The conceptual site plan depicts the removal of the existing asphalt along Princess Anne Road and within the parking area for the purpose of installing street frontage and interior parking lot landscaping. The existing entrance will also be reconstructed to meet current Public Works standards. A new one-way drive aisle is proposed to encircle the building, providing access to seven parallel parking spaces as well as the vehicle preparation area. A stormwater management facility is also proposed to capture and treat stormwater, which is currently untreated. Nineteen parking spaces are depicted on the plan; however, the maximum number of permitted parking spaces is 14. During final site plan review, the applicant must either apply for an administrative variance for additional parking beyond the maximum or remove at least five spaces and the associated proposed pavement from the plan. Modest improvements to the existing building include paint and signage. The approximately 1,000 square foot addition is proposed with exterior building materials of cement fiber board, a brick foundation, and architectural-grade roofing shingles, consistent with the recommendations of the Historical Review Board. A monument-style, freestanding sign with a brick base is also proposed. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: vacant convenience store SURROUNDING LAND North: . Vacant / AG-2 Agricultural District USE AND ZONING: Single-family dwellings / R-10 Residential District South: . Princess Anne Road • Municipal Center / 0-2 Office District East: . Financial institution / B-2 Community Business District West: . Fast-food restaurant / B-2 Community Business District NATURAL RESOURCE AND The site is within the Southern Watersheds Management Area. CULTURAL FEATURES: There are several very large, mature trees on the northern portion of the site. It is unclear how many trees, but several will be impacted by the construction of the drive aisle and stormwater management facility depicted on the plan. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this parcel as being within the Princess Anne Special Economic Growth Area (SEGA 4). The master plan for Princess Anne SEGA 4 is the Interfacility Traffic Area (ITA) and Vicinity Master Plan. The long-term vision for this portion of Princess Anne Road calls for redevelopment in order to create a campus-style, mixed-use development. The site is also located within the Municipal Center and the Historic and Cultural District "Special Places" as designated by the ITA and Vicinity Plan. IMPACT ON CITY SERVICES ENTERPRISE LEASING Agenda Item 7 Page 2 MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP1: This segment of Princess Anne Road is a three-lane local street. Ongoing CIP projects to widen Princess Anne Road northwest of the site and Nimmo Parkway north of the site, when completed, are expected to divert the majority of through-traffic away from this segment of Princess Anne Road. TRAFFIC: Street Name Present Volume present Capacity Generated Traffic Princess Anne 10,200 ADT 9,900 ADT (Level of Existing Land Use - Road Service "C") - 11,100 360 ADT ADT' (Level of Service Proposed Land Use 3 "E" - less than 360 Average Daily Trips Z as defined by typical land uses associated with B-2 zoning on 0.66 acres 3 no empirical data available for this use but, based on the applicanYs fleet size and number of employees, the projected ADT will be less than t ical B-2 WATER: This site must connect to City water. There is an eight-inch City water main along Princess Anne Road and a 16-inch City water transmission main along the rear of the property. SEWER: This site is already connected to City sanitary sewer. Analysis of Pump Station #614 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an eight-inch sanitary sewer gravity main along Princess Anne Road, and an eight-inch City sanitary gravity main and 10-inch sanitary sewer force main along the rear of the property. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The site is located in the Princess Anne SEGA 4 of the Interfacility Traffic Area (ITA), an area intended to serve as a transition between the city's developed northern area and rural southern area. The long-term vision for this portion of Princess Anne Road calls for redevelopment to create a campus-style, mixed-use area while striving to achieve 50 percent open space. Rough calculations indicate that the site, as proposed, will have approximately 30 percent of the land dedicated to plantings, stormwater management, utility easements and a natural buffer. A recommended condition to limit the one-way drive aisle to a width no greater than 13 feet, if approved, will reduce impervious cover. Also, in accordance with the Zoning Ordinance's regulations pertaining to the maximum number of permitted parking spaces, five spaces may be eliminated or at least constructed with a permeable pavement, thereby further reducing imperviousness. As the site lies within the Courthouse Historic and Cultural District, the applicant met twice with the Historical Review Board. A Certificate of Appropriateness was issued by the Chair of the Board in late February. All proposed exterior building modifications, including the small addition and the proposed freestanding sign, were recommended as appropriate provided certain considerations were met. The considerations, which pertain to building materials and design, are included below as recommended conditions of approval. \1 ENTERPRtSE LEASING Agenda Item 7 Page 3 While an auto-related use does not completely fit the vision for this part of Princess Anne Road, a limitation on the of number of vehicles, an increase in the plant material to improve aesthetics, a minimization of excess pavement toward achieving 50 percent open space, and a reconstruction of the vehicular access to enhance safety are all compelling reasons for staff to recommend favorably on this proposal. The recommended conditions below are structured to ensure an attractive and orderly site until such time as market forces result in a full redevelopment of this parcel. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the concept plan entitled, "Exhibit of Enterprise Rental Car Site Modification for Sisters II, LLC," prepared by Kellam Gerwitz, dated 10/21/13. 2. Unless otherwise authorized by a parking deviation issued by the Planning Director, no more than 14 motor vehicle parking spaces shall be permitted on the site. The number of motor vehicles on the site at any one time, including but not limited to rental vehicles, customer vehicles and employee vehicles, shall be limited to the total number of parking spaces on the site. 3. Vehicles shall be parked in the designated parking spaces and no vehicles shall be parked within any portion of the public right-of-way. 4. The one-way drive aisle shall be no wider than 13 feet. 5. Consistent with the recommendations of the Historical Review Board, the architectural design, exterior building materials, and color scheme for the existing building on the property shall remain in its current state, other than the improvements, including building signage, as depicted on the exhibit entitled, "Tradedress Rendering, page 1 of 4." 6. Consistent with the recommendations of the Historical Review Board, the approximately 1,000 square foot building addition on the northern portion of the existing structure shall have exterior building materials of beaded cement fiber board (HardiePlank) siding with a six-inch reveal, a brick foundation skirt utilizing Pine Hall Brick's Salem Blend, and an architectural grade roof shingle utilizing GAF Timberline "Charcoal." 7. Consistent with the recommendations of Historical Review Board, the freestanding sign, when constructed, shall comply with applicable requirements of the City of Virginia Beach Zoning Ordinance, shall be a monument style sign as depicted on to page 4 of 4"Front View Elevation - Option C," dated 2/4/14, and shall not exceed seven feet in width and four-feet, four-inches in height. 8. Freestanding signage, if lit, shall be externally lit. 9. The plant material depicted on the concept plan referenced in Condition 1 above shall be installed. In addition, streetscape landscaping and interior parking lot landscaping, consistent with the Virginia Beach Landscaping Guide, shall be depicted on the final site plan and installed ENTERPRISE LEASING Agenda Item 7 Page 4 as required. 10. A landscaped, planted area, of a minimum of 75 square feet, shall be installed around the base of the existing freestanding sign, as per the City of Virginia Beach Landscaping Guide. 11. The 15-foot wide buffer depicted on the concept plan referenced in Condition 1 shall remain in a natural state. 12. Prior to approval of the final site plan, the applicant shall submit written proof that the reduction of the Dominion Virginia Power easement is acceptable to the utility company. 13. No maintenance of motor vehicles shall be permitted on site, other than hand-washing and vacuuming, which shall be performed inside the building. 14. All parking spaces, as depicted on the concept plan referenced in Condition 1 above, shall be marked by painted striping, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 15. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or the vehicles. There shall be no signs that are pasted or attached to utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 16. The applicant shall submit a site plan to the Department of Planning / Development Services Center for review and approval of all proposed on-site improvements prior to occupancy of the site. 17. The two existing vehicular access points shall be replaced with one access point, as depicted on the concept plan referenced in Condition 1 above. 18. This Conditional Use Permit is for the rental of motor vehicles only. Sale of motor vehicles shall not be permitted on the site. 19. The parcel must connect to City water. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site p/an submitted with this application may require revision during detailed site plan review to meet all applicab/e City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Deparfinent of Planning / Permifs and Inspections Division, and the issuance of a Certificafe of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged fo contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmenta/ Design (CPTED) concepts and strategies as they pertain to this site. ENTERPRISE LEASING Agenda Item 7 Page 5 Pidometr N . ` 4 W` _ _.' ? ? ?? 14 ? y ?. ? AERIAL OF SITE LOCATION ENTERPRISE LEASING Agenda Item 7 Page 6 veK rROPEenES (wstk.IF 200s,neoouC (M.B. 3eW ?4) ? ' 7 P 494-B1 4g?g za+co: Ac-z o'n c ??.,? _ , . .- ? HER N? tiL1N E gRO? ? - (D.B. 161 i M N3t'SP w ?Y.B. I1B P2?) t491_g2' 3 BurF[P S ` 8 18 z?ED. AC ? \\\ --- ?f, _ ?]0\' ? ? ? ? _ -- IRH30FCLE,=W. AG-=_ CWnANrC9a't -? '__ F' Zorvcu. s'-i ' ?` ' ---- fz 15'PRrv?IE '? ? _?_ u ?'-_? [YfV / (.B M. ? ?_ CAAMAEC . . _ ? 1 ESYY (u.l. ]. G. H) ? 1 ?•?_ " -?? - /?_? 1 S-A ? IONfD B2 1 •- --_ 1_ _ 4A ? \ ZfP ?fp ' _ _ _ ? r 1 A ? 1 1 1 '' 1 1 , 1 1 PROPOSED 1 ENTERPRISE i ? ? BUILDING vui uv ? r.aRwc L' 1 L M , 1 ? 1 1 x .r , ?},.... ? . ' 1? l ' , ousyMtou[a ?oi_ww? x v?ci5 t ? ? 1 1 ? 1 ? 1 1 > 1'1 ' ?1 V N STa'Ii' M tTl!' PRINCfSS ANNf ROAD vAR. NlOTM R/w .. (M B 91. P 43) (M.B 279, v 10 k 1]) (M.8 710, P. 61) I 3-.1 ? zartu s: LounoN Mv.v r - zoW srtE WronMnnoH GNN: 1194-92-0906 RECORpATpN: NSTR. Na 2001717100p1838EE0 lECAL DESQiIPTION: LOT !A? 5119pNS10N Oi NWCE Sq1ARE l0T AREA: 70.5566 S0. R. 0.856 AC. QIRRENr iONING: B-7 EXHIBIT ENTERPRISE RENTAL CAR SITE MODIFICATION FOq SISTERS II, LLC PROPOSED SITE LAYOUT EN ? ISE LEASI NG Agenda Ite m 7 Pag e 7 z ? ? a - -- Tradedross Rsndedng IoIa ti'? . Oi.M']01? AhM. YG - . ?t SptW?at. , &M F Ye91 Jab •: EOt?l} ? . . ' loqlw? NwIOIF.VA Typ: MrnrWp' p ?'1A,1l1?. i?""'ue?i+wlwM? ..n a +. . axu?a ......?..?.?..+??.?? ...,. i...., .?.. ..,.?... .... PROPSOED BUILDING UPGRADES & PROPOSED SIGN ENTERPRISE LEASING Agenda Item 7 Page 8 jll ? TndedressRendedng 4 0+ 1??ie' ?IIW?)01? I1R?tl tlG sp? wr? . a? ? (Y aN N .W?I? OSl9) LecNim. NwbAVA Typ. HumaGry ?wt..mBrn.? nu wf w?Mnl ?+. ? nqrNm..tfunP Vve.wr V iY+a?wn. Hvl?> M.f vA?'a? ua??Ye?? 4J:? W+?o .i?n?R 1 aYe mu rMrrv w.mM.wro MmM mw ?M+?M'? ?nrmn aMN'9 ?:n.Y"ItiMYrnrf+n.w ?n?gWw i.uMn? a?mr.wnwnr.++n?rM...?vnnm..m.?a?. ?ti•?M?.wm.w. ? PROPOSED FREESTANDING SIGN ENTE t' ;ISE LEASING Agenda Item 7 Page 9 ; ?j SAMG r=c+?/??r(ES /1? CAc-4.sm>> ouT O../ L-?F? ss?)E E"LC?/AT??? T?? ???A7?0.? ?I ?I ? , ? ? ? BUILDING ADDITION, REAR ELEVATION 1 ._.._'_'_'..._ ..-.. . . CeR,..scc A...r? S?uJC, - S?C?e?.la/ ?.11-cLVq++? S pf?s rr??, {?^L+?"i' ?2oca? / rv I Z ?./'? L-Z?E73?+i c ??CXA-2Co.tL- y * 8 ?ifsca4 .?/3?FJ 1,_.._..?._.._.._....,. ?-"}C?i r S7?li ? x y ? 9? x 7' ovezHt->t,> ¢reh?'s? PA.?EC_ ? -- H-IZE- wl?w-'F- cc,- SQX? S.?Y4" - 5-'qL-em gL-al-t'> M4'YK T'9 ac'c.STa? la a¢??'./L EL_c'1/q-TM.-) BUILDING ADDITION, SIDE ELEVATION i ENTERPRISE LEAS ING Agenda Ite m 7 ? Page 11 = _? ZONING HISTORY # DATE REQUEST ACTION 1 10/08/13 Rezonin (AG-2 to Conditional B-2) Granted 2 05/10/05 Conditional Use Permit (communication tower Granted 3 12/09/03 Rezonin B-1, B-2 & AG-2 to Conditional B-2 Granted 4 06/11/96 Rezonin (B-1 to B-2 Business Granted ENTERPRISE LEASING Agenda Item 7 Page 12 List all businesses that have a pareht-subsidiary' or affi relationship with the applicant: (Attach lisf if necessary) entity2 ? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Comp/ete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name foliowed 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 lisf if necessary) ? Check here if the property owner is NOT a corporation, partnership, frrm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the Ciry of Virginia Beach have an interest in the subject land? Yes No 1 ? ? ? DISCLOSURE STATEMENT ENTERPRISE LEASING Agenda Item 7 Page 13 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) . - -? AOD{T10NAL DISCLOSURES List all known contractors or businesses that have or wiN provide services with respect to the requested property use, including but not (imited to the prvviders af architectural . services, real estate services, financial services, accounting services, and legai services;. (Attach list if necesAary) • , Crk r i'i' e% '\ -N ) I '"Parent subsid(ary rela#ionship° means "s relationship that exists when one corporation directly or irxiirectly owns shares possessing more than 60 percent ofi the voting power of another corpQration." See Sta#e and Lvcal Governmenf Conflict of (nterests Act, Va. i Code § 2.2-3101. 2°Affiliated business entity relationship" means "a relationship, othet than parent- 1 subsidiary relg#ionship, that existS when (i) one business entity has a controlling ownership interest in the o#her business entity, (ii) a controAiny owner in one entiiy is also a controlling owner in the other enttty, or {iii} there is shared management or controt between the business entities. Factors that shou{d be considered in determining the existence of an affiliated business enfity relationship include ftt the same persan or substantially the same person pvim or manage the two entities; there are common ar commingled funds or assets; the business enfities share the use afi the same nffices or emplayees or o#hervvise share activities, resources or personnel on a regular basis; or there is otherwise a c)ase working relationship between the entiiies' See State and Local Govemment Conflict of Inierests Act, Va. Cdde § 2.2-3101. CERTIFICATION: 1 certify that the information contalned herein is true and accurate. f understand that, upon receipt of notification (postcard) that the applicatlon has been scheduled for public hearing, I am responsible for obtaining and paating the required sign on the subject property at least 30 days prior to the schedulad public hearing aacarding to the instrucfions in this package. The undersigned also consents to sntry upon the subJect property by empbyees of the Departmer?t of Rlenning to photogreph and view the site for purposes of proceseing 8nd e+aluating this applicati4n. ()_\Q_ - App1' 's Signature Prape Owne Signature erent than applicant) ,-9 ,sT1,ns // LLc -V_?0_ - - - Pririt Netme ? Prin# Name DISCLOSURE STATEMENT ENTERPRISE LEASING Agenda Item 7 Page 14 D[SCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name foilowed by the names of all officers, members, trustees, partners, etc. below: (Aftach lisf if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entiiy2 relationship with the appiicant: (Attach lisf 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 proper(y owner is different from applicant. If the property owner is 6, cvrporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, tnistees, paMers, etc. below: (Attach list if necessary) z , - LtC - ?c?-??, 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) NnA;F F]Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes ? O PMOOC ? ? ? ? ? ? W cr? ? ? O ? Does an officiaf or emiDloyee of?City of Virginia Beach have an interest in the subject land? Yes ll No If yes, what is the name of the official or employee and the nature of their interest? 0 Conditional Use Permlt Applicatlon ? DISCLOSURE STATEMENT Pape 9 of 10 Revlsetl 11/1/2013 ENTERPRISE LEASING Agenda Item 7 Page 15 ? DISCLOSURE STATEMENT 0 ? ? 6 ?:3 =L14 ? M?y ? ? ? CC) ? t;o ? O ? A ? O V ADDITIONAL DISCLOSURES List all known conVadors or businesses that have or will provide services with respect to the requested property use, inctuding but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list 'rf necessary) '`Parent-subsidiary relationship° means "a relationship that exists when one corporation direcdy or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.° See State and Locai 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 cmntrolling ownership interest in the other business entity, (ii) a controlling owner in one entity is aiso a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Fadors that should be considered in detertnining the existence of an affiliated business entity relationship indude that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offioes or employees or otherwise share activities, resources or personnel on a regular basis; w there is otherwise a close warking relationship between the entities." See State and Local Govemment Corrflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information crontained herein is true and accurate. I understand that, upon receipt of notificadon (postcard) that the application has been scheduied for pubtic hearing, I am responsible fw obtaining and posting the requfred 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. ? r--? ApplicanYs Stgnatur Print Name Prop wner's Signature (ff different than applicant) Print Name Condttional Use PertnR Appllcatipn Pege 10 of 10 Revised 11/112013 DISCLOSURE STATEMENT ENTERPRISE LEASING Agenda Item 7 Page 16 Item #7 Enterprise Leasing Company of Norfolk Conditional Use Permit 2428 Princess Anne Road District 7 Princess Anne March 12, 2014 CONSENT An application of Enterprise Leasing Company of Norfolk for a Conditional Use Permit (motor vehicle rental) on property located at 2428 Princess Anne Road, District 7, Princess Anne. GPIN: 14949209860000. CONDITIONS With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the concept plan entitled, "Exhibit of Enterprise Rental Car Site Modification for Sisters II, LLC," prepared by Kellam Gerwitz, dated 10/21/13. 2. Unless otherwise authorized by a parking deviation issued by the Planning Director, no more than 14 motor vehicle parking spaces shall be permitted on the site. The number of motor vehicles on the site at any one time, including but not limited to rental vehicles, customer vehicles and employee vehicles, shall be limited to the total number of parking spaces on the site. 3. Vehicles shall be parked in the designated parking spaces and no vehicles shall be parked within any portion of the public right-of-way. 4. The one-way drive aisle shall be no wider than 13 feet. 5. Consistent with the recommendations of the Historical Review Board, the architectural design, exterior building materials, and color scheme for the existing building on the property shall remain in its current state, other than the improvements, including building signage, as depicted on the exhibit entitled, "Tradedress Rendering, page 1 of 4." 6. Consistent with the recommendations of the Historical Review Board, the approximately 1,000 square foot building addition on the northern portion of the existing structure shall have exterior building materials of beaded cement fiber board (HardiePlank) siding with a six-inch reveal, a brick foundation skirt utilizing Pine Hall Brick's Salem Blend, and an architectural grade roof shingle utilizing GAF Timberline "Charcoal." Item #7 Enterprise Leasing Company of Norfolk Page 2 Consistent with the recommendations of Historical Review Board, the freestanding sign, when constructed, shall comply with applicable requirements of the City of Virginia Beach Zoning Ordinance, shall be a monument style sign as depicted on to page 4 of 4"Front View Elevation - Option C," dated 2/4/14, and shall not exceed seven feet in width and four-feet, four-inches in height. 8. Freestanding signage, if lit, shall be externally lit. 9. The plant material depicted on the concept plan referenced in Condition 1 above shall be installed. In addition, streetscape landscaping and interior parking lot landscaping, consistent with the Virginia Beach Landscaping Guide, shall be depicted on the final site plan and installed as required. 10. A landscaped, planted area, of a minimum of 75 square feet, shall be installed around the base of the existing freestanding sign, as per the City of Virginia Beach Landscaping Guide. 11. The 15-foot wide buffer depicted on the concept plan referenced in Condition 1 shall remain in a natural state. 12. Prior to approval of the final site plan, the applicant shall submit written proof that the reduction of the Dominion Virginia Power easement is acceptable to the utility company. 13. No maintenance of motor vehicles shall be permitted on site, other than hand-washing and vacuuming, which shall be performed inside the building. 14. All parking spaces, as depicted on the concept plan referenced in Condition 1 above, shall be marked by painted striping, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 15. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or the vehicles. There shall be no signs that are pasted or attached to utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 16. The applicant shall submit a site plan to the Department of Planning / Development Services Center for review and approval of all proposed on-site improvements prior to occupancy of the site. 17. The two existing vehicular access points shall be replaced with one access point, as depicted on the concept plan referenced in Condition 1 above. Item #7 Enterprise Leasing Company of Norfolk Page 3 18. This Conditional Use Permit is for the rental of motor vehicles only. Sale of motor vehicles shall not be permitted on the site. 19. The parcel must connect to City water. A motion was made by Commissioner Hodgson and seconded by Commissioner Thornton to approved item 7. AYE 11 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved Item 7 by consent. John Fagan appeared before the Commission on behalf of the applicant. ? ??CL?? R-RYAN April 16, 2014 VIA ELECTRONIC & FYRS'T' CLASS MAIL Stephen J. WYzite, PH.I3., AICP C:ity of Virginia Beach Department of Planning and Gommunity Development Municipal Center- B1dg.#2, Rm. 115 2405 Courthouse Drive Virginia Beach, Virginia 23456 Conditional Rezoning & Canditional Use Permit Applications New Cingular Wireless PCS, I.LC (tla AT&T) 5340 Club Head Road, Virginia Beach, Virginia AT&T Site #NI'315E/Cypress Point Golf Course Dear Stephen: I am writing Co you oa behalfi of AT&'I" in cannection with the referenced applications, which are scheduled to be heard by City Couricil on April 22nd, ta request that City Council defer the public hearing on the referenced appiications until June 17, 2014, so that we can finalize the terms of the lcase with the praperty owner and revise the proffcr exhibits to update the access easement legai description. Please da not hesitate to contact me should yau have any quesiions regarding this request. With kind regards, I am Very truly yours. ._.?.. ; . ?, . . I,isa M. 'Vlurphy cc: Mr. Chip Floyd (via electronic mail) Leslie K. Watson, Esq. (via clectronic mail) E-mail: lisa.murphy@leclairryan.com 999 Waterside Drive, Suite 2100 Qirect Phone: 157.217.4537 Norfolk, Virginia 23510 Dbrecf Fax: 737.217.4599 Phane. 757,217.4530 1Fax: 757.217.4599 ? 0 ? ? ? ? Z Z ? ? ? .; ? M r ? c ? r i •? ? ? r r t ? ? W ? ? a ? v- ? Q ? C O ? (i O v.? Vft Q ? ? ? ? ? N ? 0 a) a) c m U C O ? 0 ? ? a d ? ? LIa C d 04 ? ? ? ? ? C O .w b C O u M .? ? .fi N OS y ?1 ? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW CINGULAR WIRELESS PCS, LLC (Applicant) / CYPRESS POINT ENTERPRISES, INC. (Owner). A. Conditional Change of Zoning (Conditional PD-H2 Planned Development [P-1 Preservation] to Conditional P-1 Preservation District) B. Conditional Use Permit (Communication Tower). 5340 Club Head Road (GPIN 1468684239). COUNCIL DISTRICT - BAYSIDE. MEETING DATE: April 22, 2014 ¦ Background: The applicant is requesting a Change of Zoning from PD-1-12 Planned Unit Development [P-1 Preservation District] to Conditional P-1 Preservation District on a 60-foot by 60-foot, 3,600 square foot, portion of the Cypress Point Golf Course in order to construct a cellular communication tower. The current PD-H2 Planned Unit Development District does not permit communication towers; however, the P-1 Preservation District allows communication towers as a conditional use. The applicant, therefore, is requesting this Change of Zoning to allow for the construction of the proposed tower. ¦ Considerations: The applicant has a`service gap' in their wireless communication coverage within the area between Northampton Boulevard to the north, Wesleyan Drive and Haygood Road to the south, Independence Boulevard to the east, and Diamond Springs Road to the west. The applicant's engineers have determined that a communications tower located within the Cypress Point Golf Course will provide the necessary wireless communication coverage for the subject area. The proposed tower will be 140 feet in height and be a"monopine" design. A monopine tower is designed to look like a pine tree. The tower will be capable of accommodating four carriers. The tower will be located within a 60-foot by 60-foot compound area that will also enclose an equipment shelter and an external generator. The compound area will be enclosed by an eight-foot high solid wood board-on-board fence. Landscaping, as required by the Zoning Ordinance, will be installed outside the fence. NEW CINGULAR WIRELESS Page 3 of 3 ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Conditional Zoning Agreement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ?-,Q? k ? -V aAvsine -ze,wr,rp..Chanyeo/ZonlnphomP-1toCondffionNP-f a.yrw.r.arwrr4wwr..ww.pwn.. C{/PforaComrtMinicstionaTower ' M'j Y?/Y?? M/rMwr aNWy MM MM Y rbllt. Fool March 12, 2014 Public Hearing APPLICANT: NEW CINGULAR WIRELESS PCS, L.L.C. PROPERTY OWNER: CYPRESS POINT ENTERPRISES, INC. STAFF PLANNER: Ray Odom REQUEST: A. Conditional Chanpe of Zoninq (from PD-H2 Planned Development [P-1 Preservation] to Conditional P- 1 Preservation) B. Conditional Use Permit (Communications Tower) ADDRESS / DESCRIPTION: 5340 Club Head Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14686842390000 BAYSIDE 22,000 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL Backqround: The applicant is a wireless communications provider, and has determined that there is a service gap in their coverage within the area between Northampton Boulevard to the north, Wesleyan Drive and Haygood Road to the south, Independence Boulevard to the east and Diamond Springs Road to the west, which includes the Cypress Point Golf Course and the surrounding residential and commercial areas. The applicant's engineers have determined that a communications tower of a specified height located within the Cypress Point Golf Course will provide the necessary coverage for the subject area. Details - Chanste of Zoninq The applicant is requesting a change in zoning from PD-1-12 Planned Unit Development [P-1 Preservation District] to Conditional P-1 Preservation District on a 60-foot by 60-foot, 3,600 square foot, portion of the Cypress Point Golf Course in order to construct a cellular communication tower. The current PD-H2 Planned Unit Development District does not permit communication towers; however, the P-1 Preservation District allows communication towers as a conditional use. The applicant, therefore, is requesting this Change of Zoning to allow for the construction of the proposed tower. NEW CINGULAR / CYPRESS POINT Agenda Item 8 Page 1 Details - Conditional Use Permit (Communications Tower) The applicant is requesting a Conditional Use Permit to construct a 140-foot communications tower within the Cypress Point Golf Course. The applicanYs representative presented the proposal to a meeting of the Cypress Point Civic Association in October, 2013. At that meeting, the residents suggested that the tower be placed at the current proposed location (end of the driving range) and be a"monopine" design. In January, 2014, the applicanYs representative met with the Cypress Point Civic Association Board of Directors regarding the tower location and design, and in February, 2014, again met with the Cypress Point Civic Association regarding the tower design and location. As a result of that input, the tower will be a`monopine' design. A monopine tower is designed to look like a pine tree. The monopole will be coated with a brown artificial bark material. The tower has been designed to accommodate four carriers. The compound area will contain the proposed tower, an equipment shelter, and an external generator. Additional lease areas for future carriers are also provided within the area. The compound area will be enclosed by an eight-foot high solid wood board-on-board fence. Landscaping, as required by the Zoning Ordinance, will be installed. The area will be accessed via a 20-foot wide access and utility easement, which will be placed over an existing asphalt cart path. The path will be widened to 10 feet. A Structural Report has been submitted, indicating that the tower will be designed to accommodate four carriers and will meet all structural requirements, as per the Uniform Statewide Building Code, and all wind loading requirements for this area. The formal Structural Report and the required Radio Frequency Emissions Analysis Report will be provided with the plan submittal. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Golf course SURROUNDING LAND North: . Golf course / PD-1-12 Planned Development District [P-1 USE AND ZONING: Preservation District] South: . Golf course / PD-1-12 Planned Development District [P-1 Preservation District] East: • Golf course / PD-1-12 Planned Development District [P-1 Preservation District] West: • Golf course / PD-1-12 Planned Development District [P-1 Preservation District] COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities ei#he'r NEW CINGULAR / CYP-RESS POINT , Agenda Item 8 Page 2 maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. In addition, the Comprehensive Plan seeks to ensure that the City's information and communication infrastructure is tightly connected with the world and is of the highest efficiency and quality. The planning principles for the Suburban Area are reinforced by Special Area Development Guidelines for Suburban Areas in the Comprehensive Plan's Reference Handbook and address both site and building design. These design principles are tailored for this area and should be implemented, as appropriate, to improve the quality of our physical environment. The guidelines applicable to this request are as follows: Plans for commercial uses that adjoin areas planned for residential use should employ effective landscape design techniques, including the placement of appropriate plant materials to buffer or screen such uses. Scale is vital to achieving compatibility. The mass, or overall size, and height of the structure should be appropriate to the surroundings. The conditional rezoning and use permit for a"monopine" pine tree designed communications tower, together with related improvements on the Cypress Point Golf Course is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area and the Special Area Development Guidelines for the Suburban area. The tower offers enhanced communication services and is designed to be compatible with its surroundings. EVALUATION AND RECOMMENDATION The applicant is requesting a Change of Zoning and a Conditional Use Permit to construct a cellular communications tower, due to a gap in service coverage within this area. The applicant has worked with the surrounding community to find a location and tower design that will be compatible with the residential uses within the area. In this case, the tower has been located in the center of a golf course and is approximately 470 feet from the nearest residential structure. The tower is proposed to be of a "monopine" design, resembling a pine tree. The monopine is being located within a stand of existing pine and deciduous trees to blend into the area. The tower can accommodate up to four carriers, which will provide the opportunity for additional carriers to enhance their coverage within the area without constructing additional towers. This request is in keeping with the Comprehensive Plan's goals for providing efficient and high quality communication infrastructure and with regard to being designed to be compatible with the surrounding residential uses. Staff recommends approval of this request with the submitted proffers, provided below, and with the conditions 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-- NEW CINGULAR / CYPRESS Pt)INT Agenda Item 8 Page 3 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: The Lease Parcel and Easement Area shall be developed substantially as shown on the exhibit entitled "NF315E 5340 Club Head Road, Virginia Beach, VA 23455, Installation and Operation of Antennas and Associated Equipment On a New 140' Monopine Inside A New Fenced Compound", prepared by Warren Williams & Associates, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning ("Planning DepartmenY'). PROFFER 2: Other than as described herein or as authorized by the PD-1-12 Land Use Plan, as may be modified or amended from time to time, no other P-1 uses shall be permitted on the Lease Parcel or the Easement Area. PROFFER 3: The Effective Date of this Declaration shall be the date this Declaration is approved by City Council. STAFF COMMENTS: Staff finds the proffers listed above acceptable, as they ensure the level of quality of the project, ensure the compatibility with fhe surrounding residential development and that the facility will be constructed as indicated on the proffered plans. The City Attorney's Office has reviewed the proffer agreement and found it to be legally sufficient and in acceptable legal form. CONDITIONS With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted site plan entitled "NF315E 5340 Club Head Road, Virginia Beach, VA 23455, Installation and Operation of Antennas and Associated Equipment On a New 140' Monopine Inside A New Fenced Compound", prepared by Warren Williams & Associates, dated July 12, 2013 and last revised on March 8, 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The compound fencing shall adhere to the City's Landscaping, Screening and Buffering Specifications and Standards. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site p/an submitted with this application may require revision during detailed site p/an review to meet all applicab/e City Codes and Standards. A/l applicab/e permits required by the City Code, including those administered by the Department of P/anning / Deve/opment Services Center and Department of P/anning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Ofrice within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. NEW CINGULAR / CYPRESS 00INt .74genda Item 8 Pa?e 4 0 --? ? e - t .? W M? _, .. - ...- ?' ? AERIAL OF SITE LOCATION NEW CINGULAR / 'PRESS POINT 3 ? Agenda Item 8 Page 5 ?. si-r Oc. -.•. .c1'a.A Foursome Lane NEW CINGULAR / I 'PRESS POINT Agenda Item 8 Page 6 SITE PLAN SHOWING PROPOSED ACCESS G r o ob11?,o'6 t o`1? a t'i?? S ,? ` . /?, ,; //?? '•?` ? \ ?` ?`? r - - -'-'- -'- - -'-'- -•-'- \> '-'-?? '- ~? ??\ ? a % ? - - -- ' - -? , . . ----- ; j I f I ? N 1 i I / l ? ------ - -f------- L 1 J L , -----i --- -- ir C14 8.2' ? °a •? r i°o j ?? " 7 i i / J • {-- ------ ----1-?------ I? rn 1 1 f / ; ? ? 1 ! 1 i ; 50.0 1 W _ _._._ _._'_._'_?_'_._'_. 1 , N ? 60.0, ? r ` ? W SITE PLAN SHOWING PROPOSED TOWER COMPOUND NEW CINGULAR / YPRESS POI NT A ? Agenda Ite m 8 r Pag e 7 a ? I I O? .J? I ,o.:-n i .o.5w s' :e fE I F a Z 4'f ff PROPOSED TOWER PLAN ? I? ? NEW CINGULAR / CYPRESS POINT ? Agenda Item 8 i Page 8 . , _ .... ? I'? ? 45t ? ? ? ??? ? ? VN ? n . ? o n ? a0 r Y d Z Z i r V ? Q' CCi t (? 'D . rs ? O _ a (a b LL. ? ? .? _ C) ? ? U O ?D K? ? l? U O ? ¦ ? ? ? ru b SIMULATED VIEW -10T" FAIRWAY 'I NEW CINGULAR / CYPRESS POINT ?. Agenda Item 8 , Page 9 ? S .,_ • _ ? ?. ???_ ?L ?. .e ? .? N ?y .Q c .N ? > > N ? 00 ? ? U LO O A Ln L w 3 u? a? en > z Q1` .U ? O: ? >: ?. ? 4-0 m b SIMULATED VIEW -18T" TEE NEW CINGULAR / PRESS POINT ? Agenda Item 8 ; Page 10 ? -?-? I i ? r 1 ?y . ? 1 ? / ? ? TQ? i O ? L 3^ w ? ? >z •U ? : 9:2 ? ? ? ? ? ? i SIMULATED VIEW - CYPRESS POINT CIRCLE i NEW CINGULAR / CYPRESS POINT Agenda Item 8 Page 11 e ? ?'s ? ? ev 'c ? ? 5 ? ? ? I U ? ?. ? tg ? ?O J? SIMULATED VIEW -1172 LAWSON COVE CIRCLE NEW CINGULAR / jenda Item 8 ;ESS POINT ' i Page 12 ?_ . _z: ?, I ? . , . L BAYSI DE ?-+•-- --? --- «72 'n rr r T Ar l?CW llili?uiai v't 1icic334) 1 l..?J4) L•L•t ;. ? R40 ??? ?'P,• • Zoning with Conditions.Pro/fin, Open Spsce Promotion Change of Zoning irom P-1 to Conditional P-1 Any zonln0 disMet ldsndRad wifh asbdsks beloro snd after (such ss CUP for a Communications Tower ' P-1 )!nd)cates bis pdmsry zonJnp ol the site fs PD-142. ZONING HISTORY # DATE REQUEST ACTION 1 02/04/1985 Chan e of Zonin R-5 to R-8 A roved 1 02/04/1985 Chan e of Zonin R-5 to R-8 A roved 1 02/04/1985 Chan e of Zonin (R-8 and P-1 to PD-H2 A roved 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) New Cingular Wireless PCS, LLC 2. List all businesses that have a parent-subsidiary' or affiliated business entityz relationship with the applicant: (Atfach list if necessary) AT&T Mobility, LLC F? 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 hom applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organiza6on, 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) Cypress Point Enterprises, Inc., Mervin R. Troyer, President, Nina Troyer 2. List all businesses that have a parent-subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) F? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an ofificial or em loyee of the City of Virginia Beach have an interest in the subject land? Yes ? No M If yes, what is the name of the official or employee and the nature of their interest? ? I DISCLOSURE STATEMENT . , NEW CINGULAR / CYPAESS POINT. Agenda Item 8 Page 14 ADDITIONAL DISCLOSURES List ali known contractors or businesses that have or will provide senrices with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting senrices, and legal services: (Attach list if necessary) LeCtair Ryan, Sitesafe, Inc., Velocitel, Inc., Fidelity National Title, Warren Williams & Associates '"Parent-subsidiary relationship" means "a relabonship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or controi between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relabonship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is othervvise a close working relabonship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject properry 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. ApplicanYs Sign ture ,- ?' pe wner's ignature (if different than applicant) C F}' P ?l.J1t1 Pnnt Name b tr efr ? Print Name DISCLOSURE STATEMENT NEW CINGULAR / CYPRESS POINT Agenda Item 8 Page 15 Solc Ofticer of New CinQUlar Wircless PC5, LLC Stunley T. Sigman - Chief Executive Officer & President Officers & Directors of AT&T, Inc, Gilbcrt rlmclio Ph.I). - Director Rcubrn Andersan J.D. - Director Jumes f3lanchard - Director JonNtadonna Director I.N nn Nlurlin - Director .Iuhn tilcCoy -- Director Ranclall titcphrnson - Chuirman, Chicffixcctrtive Oiliccr, Presidcnt & C'hairman oFthc I?xcculke Cummittce DISCLOSURE STATEMENT NEW CINGULAR / CYFIRESS POINT Agenda Item 8 Page 16 Item #8 New Cingular Wireless PCS, L.L.C. Conditional Change of Zoning Conditional Use Permit 5340 Club Head Road District 4 Bayside March 12, 2014 REGULAR An application of New Cingular Wireless PCS, L.L.C. for a(A) Conditiona) Change of Zoning (from PD-1-12 Planned Development [P-1 Preservation] to Conditional P-1 Preservation); and (B) Conditional Use Permit (Communications Tower) on property located at 5340 Club Head Road, District 4, Bayside. GPIN: 14686842390000. PROFFERS PROFFER 1: The Lease Parcel and Easement Area shall be developed substantially as shown on the exhibit entitled "NF315E 5340 Club Head Road, Virginia Beach, VA 23455, Installation and Operation of Antennas and Associated Equipment On a New 140' Monopine Inside A New Fenced Compound", prepared by Warren Williams & Associates, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning ("Planning Department"). PROFFER 2: Other than as described herein or as authorized by the PD-1-12 Land Use Plan, as may be modified or amended from time to time, no other P-1 uses shall be permitted on the Lease Parcel or the Easement Area. PROFFER 3: The Effective Date of this Declaration shall be the date this Declaration is approved by City Council. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted site plan entitled "NF315E 5340 Club Head Road, Virginia Beach, VA 23455, Installation and Operation of Antennas and Associated Equipment On a New 140' Monopine Inside A New Fenced Compound", prepared by Warren Williams & Associates, dated July 12, Item #8 New Cingular Wireless PCS, L.L.C. Page 2 2013 and last revised on March 8, 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The compound fencing shall adhere to the City's Landscaping, Screening and Buffering Specifications and Standards. A motion was made by Commissioner Inman and seconded by Commissioner Ripley to approve item 8. AYE 11 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 8. Lisa Murphy appeared before the Commission on behalf of the applicant. Chip Floyd and Bill Schwartz appeared in support. J.J. Parus, Thomas McLanhorn, William Emerson, Michael Salerno, and Yvette Williams opposed the application. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-8899 TO: Mark D. Stiles FROM: B. Kay WilsoAD DATE: April 14, 2014 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; New Cingular Wireless PCS, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 22, 2014. I have reviewed the subject proffer agreement 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 DECLARATION OF CONDITIONS AND RESTRICTIONS THIS DECLARATION OF CONDITIONS AND RESTRICTION5 ("Declaration") made and entered into as of the Effective Date (as such date is defined in this Declaration), by and between CYPRESS POINT ENTERPRI5ES, INC., a Virginia corporation ("Owner"), grantor for indexing purposes, NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company (t/a "AT&T"), grantor for indexing purposes (Owner and AT&T are hereby collectively referred to herein as "GRANTOR"), and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, being referred to herein as ("GRANTEE"), provides and states as follows: WITNESSETH: WHEREAS, Owner is the owner of that certain parcel of real property located in the City of Virginia Beach, Virginia, commonly referred to as 5340 Club Head Road, GPIN No: 1468-68- 4239-0000, more particularly described in Exhibit A, attached hereto and incorporated herein by reference ("Property"); WHEREAS, the Property is zoned P-1 Preservation District and is subject to the terms of a PD-H21and use plan entitled "Land Use Plan Cypress Point" ("Land Use Plan"), which designates the Property as open spaces and recreational areas, including an 18 hole golf course, tennis courts, a swimming pool and a country club/clubhouse, within a mixed density residential development known as Cypress Point; WHEREAS, on February 4, 1985 Owner's predecessor in interest, Kempsville Lake Number 1 Partnership, a Virginia general partnership, executed a Declaration of Restrictive Covenants for Cypress Point Recreational and Open Space recorded February 15, 1985 in Deed Book 2392, Page 0131 in the Clerk's Office ("Clerk's Office") of the Circuit Court of the City of Virginia Beach, Virginia (the "Original Declaration") which prohibited the use of the open spaces and recreational areas in Cypress Point that were zoned P-1 Preservation for any purpose other than recreation and open space in connection with a golf course and other related amenities; WHEREAS, pursuant to the terms of an Option and Lease Agreement between Owner and AT&T ("Lease"), Owner has agreed to lease to AT&T, that certain 3,600 square foot portion of the Property described on Exhibit B, attached hereto and incorporated herein by reference ("Lease Parcel"), together with easements for access and utilities thereto in the locations described on Exhibit C, attached hereto and incorporated herein by reference ("Easement Area"), for the purposes of installing, operating and maintaining a wireless communications facility, consisting of communications fixtures and structures and related equipment, cables, accessories, improvements, shelters, cabinets and fencing (collectively, "Communication Tower"), as described more fully in the Lease; GPIN: 1468-68-4239-0000 Prepared by: LeClair Ryan, A Professional Corporation 999 Waterside Drive, Suite 2100 Norfolk, Virginia 23510 WHEREAS, GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to GRANTEE so as to change the Zoning Classification of the Lease Parcel and Easement Area from P-1 Preservation District pursuant to a PD-1-12 Land Use Plan to P-1 Preservation District (Conditional); WHEREAS, it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed rezoning, certain reasonable conditions governing the use of the Lease Parcel and Easement Area for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the proposed rezoning gives rise; and WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE, as part of the proposed amendment to the Zoning Map of the City of Virginia Beach, Virginia ("Zoning Map") with respect to the Lease Parcel and Easement Area, the following reasonable conditions related to the physical development, operation, and use of the Lease Parcel and Easement Area to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Lease Parcel and Easement Area, which has a reasonable relation to the proposed rezoning and the need for which is generated by the proposed rezoning. NOW, THEREFORE, the GRANTOR, and its successors, 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 Quidpro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation, and use of the Lease Parcel and Easement Area and hereby covenant and agree that this Declaration shall constitute covenants running with the Lease Parcel and Easement Area, which shall be binding upon the Lease Parcel and Easement Area and upon all parties and persons claiming under or through the GRANTOR, and its successors, assigns, grantees and other successors in interest or title and that the conditions and restrictions of this Declaration shall replace the restrictive covenants contained in the Original Declaration with regard to the development and use of the Lease Parcel and Easement Area: The Lease Parcel and Easement Area shall be developed substantially as shown on the exhibit entitled "NF315E 5340 Club Head Road, Virginia Beach, VA 23455, Installation and Operation of Antennas and Associated Equipment On a New 140' Monopine Inside A New Fenced Compound", prepared by Warren Williams & Associates, which has been exhibited to the Virginia Beach City Council ("City 2 Council") and is on file with the Virginia Beach Department of Planning ("Planning Department"). 2. Other than as described herein or as authorized by the PD-H2 Land Use Plan, as may be modified or amended from time to time, no other P-1 uses shall be permitted on the Lease Parcel or the Easement Area. 3. The Effective Date of this Declaration sfiall be the date this Declaration is approved by City Council. GRANTOR further covenants and agrees that: All references herein to P-1 Preservation District and PD-H2 Planned Unit Development District and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Declaration by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendment to the zoning ordinance of the City of Virginia Beach, Virginia, in force as of the date this Declaration is approved by City Council ("Zoning Ordinance"), shall continue in full force and effect until a subsequent amendment changes the zoning of the Lease Parcel and Easement Area 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 and executed by the record owner of the Lease Parcel and Easement Area 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 City Council 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 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 tivese provisions, 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 Lease Parcel and Easement Area, 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 and indexed in the names of each of the GRANTOR and GRANTEE. IN WITNESS WHEREOF, the parties hereto lrave caused this Declaration to be executed as of the dates writtenbelow their respective signatures and seals: OWNER: CYPRESS POINT ENTERPRISES, INC., a Virginia corporation B . (SEAL) Name: ervin . Troyer Title: Presi ent Date: COMMON?EALTH OF VIRG IA CITY OF to wit: The foregoing instrument was acknowledged before me this U-K ^day of , 2014 by Mervin R. Troyer, as President of CYPRESS POINT ENTERPRISE , INC., a V ginia corporation, on behalf of said corporation. [SEAL] Mara6a Thompson Moriarty Nohry Public Reg #182251 Commonwealth of Virginia My Commission Expires 4 0 - - Not ry Public Registration No: My Commission Expires: [SIGNATURES AND SEALS CONTINUE ON FOLLOWING PAGE.] 4 AT&T: COMMONWEALTH OF VIRGINIA COUNTY OF HENRICO NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company By: AT&T Mo?Nf'it}! Corporation Its: Mana?er/ / By: ? / ?•????.- ame: David C. Tuck Its: Area Manager of Construction and Engineering_ Date: Ah V Ro/y ) ) SS: ) The foregoing instrument was acknowledged before me this 2014, by David C. Tuck, Area Manager of Construction and Engineering of AT&T Mobility Corporation, on behalf of New Cingular Wireless PCS, LLC. [SEAL] ??'•. 3 ? 03929 t1???•?.......???,?- ?. ?CT9i 0? `1111i 1 i <<?\`\\ 5 '?, lk&.9= r? ? 0W . o ary Public Registration No: My Commission Expires: Il,l(Q 3C? ?,)LGf ? Exhibit A to Declaration of Restrictions and Conditions [Legal Description of the Property] ALL THAT certain lot, piece or parcel of land, with the buildings and improvements and appurtenances appertaining thereto, situate in the City of Virginia Beach, Virginia, further described as follows: Pn??EL1. ALL TNAT certain tract, piece or parce[ of land, situate, Iying and being in the City of Virginia Beach, Virginia, being known, numberect and designated as "GoIF Course Parcel GC-17.94 Ac.", as shown on that certai« p6at entitled "CYPRESS POIfVT, PNASE 2, SUBD[VlSIOIV CiF TFfE PROPERTY OF L1eFORD LIMITED and R. G. MOORE BUfIDING CORPC3RAT101V, A VIRGINIA Ct?RPORATIQN, AS SHQWN 1N M.B. 182, PG. 17, D.B. 2445, PGS. 101, 102, BAYSIDE BQROUGH, VIRGINIA BEACH, VIRGINCA", which safd piat is duly recarded in the Clerk's Office of the Circuit Court of the City of Virginia Beath, Uirginia in Deed F3aok 2464, at Pages 1748H through 1748Q. PARCEL 2: ALL THRT certain tract, pieee or parcel a# land, situate, lying and Eaeing in the City flf Virginia 8eacht Virginia, being known, numbered and designated as "Golf Course Parcel 6C-2 9.66 Ac.", as shown an that certain plat entitled "CYPRESS Pt?IIVT, i'F4A5E 1, SUBDIVISI4N OF THE PftQPERTY" C}F QeFORD tltV91TED and R. G. MUQRE BUlLDIN6 CORFQRATIOtV, A VIRGINIA CORRQRATICJN, AS SHUINN !fU M.B. 282, F& 17, D.B. 2445, PGS. 101,102, BAYSIDE BDROUGH, VIRGINIA BEACN, VIRGiN(A", urhich said plat is duly recorded in the Clerk's Uffice of the Gircuit Court of the City o# Virginia Beach, Virginia in Deed Sook 2464, at Pages 1748H through 1748Q. PAE2CEL 3: ALL THAT certain tract, piece or parcei af iand, situate, tying and being in the City of Virglnia Heach, Virginia, being known, numbered and designated as "Golf CQUrse Paree! GG3.22 Ac.", as shourn an that certain plat entitled "CYPRESS PQIN`F, PHASE 1, SUBDfViSION OF THE PRC}PfRTY OF DeFORD L[M1TED and R. G. MOORE BU1LDtNG CORPQRATIC}1V, A VIRGINIA CORPE)RATION, AS SHOWN IN M.B. 282, P6. 17, D.B. 2445, PGS. 101, 102, BAYSIDE BC3ROUGH, VIRGINIA BEACH, V(RGlNIA", which said plat is duly recorded in the Clerk's Office af the Circui# Caurt of the City of Virgin'sa Beach, Virginia in E?eed Baok 2464, at Pages 1748H thraugh 1748C2. PARCEL 4: ALL THAT certain tract, piece flr parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "P/Q Golf Course Parcel GC-411.55 Ac.", as shoUVn on that certain plat entitied "CYPRESS POIfVT, PHASE 2, SUBDIVISfON OF THE PROPERTY OF R. G. MOQRE BUlLDING CORPORATiC}N, A VIRGINIA CORPQRATfON, A5 SHOWN IN D.B. 2445, RGS, 101-102 AfUD M.B. 1$2, PG. 17, BAYSiDE BOROUGH, VIRGINIA BEACN, V1RGlNIA", which said plat is duly recarded in the Clerk's Office of the Circuit Caurt of the City of Virginia Beach, Virginia in F}eed 8oak 2486, at Pages 1792 ftrrough 1801. 6 Exhibit A to Declaration of Restrictions and Conditions (cont' d) PARCEL 5: AI.L TNAT certain tract, piece vr pareel of Eand, situate, [ying and being in the City of Virginia Beach, Virginia, being knawn, numbered and designated as "Galf Course Parcel GC-5 Area = 5.66 Ac.", as shown on that certain pCat entitled "CYPRESS PQINT, PHASE 3-A, StJBQIViS10N aF THE PROPERTY QF R. G. MC3URE Bl11LDIfVG CORPORATION, A VCRGfNIA CORPORATION, AS CtESGRIBEtJ IIV D.B. 2446, PG. 1031 AND AS SHtJWN 1N M.S.182, PG. 17, BAYSIC?E BOROUGH, V1RG[NiA BEACH, VIRGINIA", which said plat is duiy recorded in the C{erks pffice af the Cirtult Court of the City of Virginia Beach, Virginia in deed E3oak 2486, at Pages 1777 through 1784. PARCEL 6: ALL THAT certain tract, pieee or pareel of Cand, situate, lying and being in the Ci#y nf Virginia 8each, Virginia, being known, numbered and designated as "Golf course Parcel GC-6 41,603 Sq. Ft. ar 0.96 Ac.", as shown an that cer[ain plat entitfed "CYRRESS POINT, PHASE 3-13, SUBDIVISIQIV OF TNE PR(?PERTY OF R. G. MO£7RE BUELD(NG CORPORATION, A VfRGI(VIA CORPORATION, AS DESCRIBED IN D.B. 2446, RG. 1031 AtVD AS SHOWiV 1N M.B. 182, PG. 17, BAY5lCIE BL}ROIJGH, VIRGINIA BEACH, VlRC1NiA", vsrhich said plat is cfuly reccarded in the Clerk's Uffice of the Circuit Caurt of the City u€ llirginia Beach, Virginia, in Deed SoQk 24$6, at Pages 1764 through 1769. PAftCEL 7: AtL THAT certain traet. Piece or parcel qf (and, situate, fying and being in the City vf Virginia Beach, Virginia, being known, nurnbered and des'?gnated as "Galf caurse Parcel GC-7 2.33 Ac.'", as shawn Qn #hat certain plat entitled "CYPRESS PQ1NT, PF{ASE 3-B, SUBDIVIS(ON QF THE PROPERTY QF R. G. MQORE BUlLDING CORPORATION, A VIRGINiA CORPORATION, AS DESGR[6EC3 [N D.B. 24461 PG. 1032 AEUD AS SHQVtIN 1N M.B. 182; FG. 17, BAYSIDE BC3ROUGH, V[RG(NIA BEACN, VIRGINIA°, which said plat ts duly recorded in the Clerk's Office of the Circuit Caurt of the Ci#y of V'srginia Beach, ilirginia, in Deed Book 2486, at Pages 1764 through 1769. PARCEL 8: ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City v# Virginia Beach, Virginia, being knov+rn, numbered and designated as "Golf Course Parcel GC-S 89.11 Ac.", as shown on that certain plat entitlecE "CYPRESS P4iNT, PHASE 4, SUBDEVlSlON OF THE PRORER'fY OF R. G. MOQRE BUILDING CORPORATION, A VIRGINIA CORPORATION, AS SHOWiV 1N M.B. 182, PG. 17, BAYSIDE BQRQUGM, V1RGINIA SEACH, VIRGINIA", which said plafi is du(y recorded in the C{erk`s Office of the Circuit Court of the Citv of Virginia Eieach. Vireinia in Deed Book 2489. at Paees 1157 throueh 1169. 7 Exhibit A to Declaration of Restrictions and Conditions (cont' d) PARCEL 9: ALLTHAT certain tract, piece or parcel af land, situate, lying and being in the City of Virginia Beach, Virginia, being knowrt, rturnbered and designated as "Golf Course Parce{ GC-9 Area =13,73{} Sq_ Ft. or 0.32 Ac,", as shown an that certain plat entitled "CYPRESS Pt'3(Ni, PHASE 4, SlJBD[V151(?N OF THE PR(?pERTY (aF R. G. M{)ORE BU(LDING CORRtQRAT1QRC, A VIRGINIA CORPORATIUIV, AS SHOV1(IV IN M.B. 282, AG. 17, BAYS(QE BORC?UGN,1liRCINiA BEACFl, VIRGiNIA", which said plat is duly recordetf in the Clerk's Office of the Gireuit Court of the City vf Virginia Beach, Virginia in Deed Baok 2489, at Pages 1157 through 1169. PARCEL 1fl: ALLTHAT certain tract, pieee or parcel of lar?d, situate, lying and being in the City of Virginia Beaeh, lfirginia, be?ng kr?own, numbereci and designated as "Recreation Area IVo. 11.90 Ac."r as strown on that certain plat entit[ed "CYPftESS POENT, PHASE 3-B, SUBDIVISIQN OF TNE PROPERTY Of R. G. MO0RE BUILDCEVG CtJRPOFtATI(3Ni A VIRGINIA C{JRP€'3RATIC?@+ER AS SHCl1fV'N IN D.S. 2446, PG. 1031 At+1D AS SHOVUN iN IVI.8.1S2, PG. 17, BAYS#DE BOROUGH, VIRGINIA BEACH, VlRGlNtA", vmhieh said plat is duly recorded in the CEerk's C}fifice of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Scsok 2486, at Pages 1764 thrmugh 1769. PARCEL 11: Ai.L 1`HAT certairt tract, piece or parcel of iand, situaie, lying and being in ihe City af Virginia Beach, Virginia, heing knotrvn, numbered and c#esignated as "Golf Caurse Parcel GG-9 Accessway Area = 3857 Sq. Ft. or 0,09 Ac.", as shown on tFtat certain pIat entit{ed "CYPRE.SS POINT, FHASE 4, SUBDEV(SEON t?F iS-7L P(lL.lPERi IOP 1'i.: i7-MO'L+RE I:iLf1L1J[la[V 4VIt3'VRAI4Ot'YfYt YI.(1G{iti3A.4.VT1PV'(\t1Tl+JFY, A3SH4JYViV ti./{Y M.S. 182, PG. 17; BAYSI[3E BQRQUGH, VIRGINIA BEACH, VIRGlNIA", which s:aid plat is du[y recarderE in the CIerWs Qffice caf the Circuit Court of the City of Virginia Beach, tlirg[ni:a, in t?eed Book 2489, at Pages 1157 through 1169. TtJGETHEFt 1!VITW all right, title and interest of Ga#nsborough Corporation of North GaroNina, if any, in al) easements, riparian rfghts anci rights-of-way appurfenant ta the above-describeci P,4RGELS 1-11, incEuding, but not timiteci tn, two (2) iNGRESS-EGRESS EASEMENTS 15" in wid#h across FARCEL E as shown on that certain plaE entitled "CYPRESS Pt3fNT, PHASE 2, SUBDIVISiQN E7f THE PRdPERTY OF R.G. MOORE B11ILQiN(i C'pRPC}RATI41hl, A VIRGINIA COFtPtJRATIC)tV, AS SHOWN IN D.B. 2445, P.C'?S. 101-102 Af?D M.B. 182. PG. 17, BAYSI[?E B[}ROUGN, VCRGiP+lfA BEACH, VCRGI'NfA", which said pEat is duly recQrded in the Gferk's Offiee of the Circuit Caurt of the Ctiy of Virginia Beach, Vieginia, in Deec! Book 2486, at Pages 1732 through 1801. T'O6ETHER WCTH all r€ghisr Title and interest of Gainsbcrrough Corporation Qf Ncsrth Garcrfona, if any, as successor in Enterest to Kempsville Lakes Number 1, a'JirgEnaa general partnership, in and to certain praperty awned by the City ot Narfolk, Virginia, pursuant tv that certain Perm'rt dafied A;psiE 18, 1985, by and bettiveen the City af Norfalk and Kempsville Lakes Number 1, duly recarded in the Cferk's Clffice of the Cireuit Court o# the City af Virginia Beach, Virginia, in Deed Sook 2416, at Page 874, suhject, hawever, to the cctnditicrns and abligatians set farth in sa€d Perrnit. 8 Exhibit A to Declaration of Restrictions and Conditions (cont' d) TOGE'THER WITH all rights, title and interest of Gainsboraugh Crarp4ration of North Carolina, if any, in and to certain portions of the CiQy of Wirginia Beach rights-of-way of Braad Meadvuvs Bou(evard and Club Head Road to construct and rnaintain storrn drainage pipes, irrigatiQn pipes and three 8-foflt reinforced cpncrete pipes t4 be utilized as goif cart underpasses as set forth in that certain Agreement dated November 20, 1985, by and between the City of Virginia Beaeh, Virginia, and R.G. Moore Building Corp., duly recorded in the Clerk`s Office of the Circuit Court of the City af Virginia Beach,l/irginia, in Deed Sook 2465, at Page 939, subject, however, to the conditivrrs and vbtigations set forth in said Agreetnen#. AND BEINC the sa:rne property cvnveyed to Gypress Point Enterprises, Inc., a Virginia corparation frorn Gainsborough Corparation, a 1Vorth Carolina corporatiort by Deed dated September 30,1992 and recorded C7ctober 19,1992 in Deed Book 3139, Page 0201. Tax parcel No. 14586$42390000 9 Exhibit B to Declaration of Restrictions and Conditions [Legal Description of the Lease Parcel] AT&T 60'X60' LEASE AREA A €?R?'s°:?tiStD E0' CfY 60' l°`cASE: ;kRL.+ Otd T}{R«"t F'ARCEL AS L?t"'sti,ftl8L"D I';V L'EED f3CC.1K ;Stw!?. PAGE 201, FiECtri2DECt I:*I THE CIkRK OF 'T"44E CZM T CC3UF?YS ',:?FICE, `JIR{;°sNIA 3?:ACN, 'JIRGigJIA< 1_Y1N?a O?J TN?. Alt]?`TMTHER?.'? f$IGHT ?7? 'ddAY :?r CL1;'F3 HEs+ll ROa,C3, 8E1'JG !AGRr PART1ViLARLY MSCFthE3k10 A5 f':tLLO'tiS; BEu'hlzis€i .AT R P(l!N'T Al.O-"?G SAtp R€GNY' OF WAY A1` 1HE Ehl'TRANCE 7" fHE CYk'1;faS FO?h*T vOLY C(,t1t3, 11.AVIN4'.s A COOqC1tNATE 'dkLltE i3f" N. 3,488,026.18 E3Y Fm 12,168,536.42 AS RELATE'13 T6 THE k'3RO4hIR STATE PLwN'E C:CORGWE S1"Sl`EM (4AD 53) 5O?t"fF3 ZCME; TNENCL N 64'1S'42" W A MTANCE OF 60,00' 70 A POINT; 7HEhSCE N 25`45'18" E A DIST,MGE QF 60.00' TO A fOINT; TFi£:hiGr- 5 fi4' S3"42" E .4 D2STPuMCE C7F 6[7.0]` T3 A: ?E11A1T; FHENCE S 25`46"18" W A C>STANCw CF G?J.OC" IY) A 'PGiNT 1R-1sCH ;S THE F'GtNT C!€' 8EG{NIVING, HAV(?JG A.il PREA O= :3,500 S€'1:lARr FF£t :s;,? 0.483 .6CRE,"-.. 10 Exhibit C to Declaration of Restrictions and Conditions [Legal Description of the Easement Area] AT&T 20' ACCESS UTILMTY EASEMENT APROPC>aED 20` €NGRESS, EGRE55 AN[1 UTild€i€.S EASEMENT OVEFt AND A:ttiO:5 FHA7 PA(2GEL AS CE5CR6ED tN GEEC? KOIC 3138, PAGE 201, RtCG'FiDEC3 tN' THE CLEfiK (9F 1"i-E r^,:FtCt7kT G{AUF(i"z 0FF:CE, bfRGihtlA BfdCH. 'V1RG[NtaS, LYIkU` i'i`J ':F#€ h%f1FdYliiglEF2LY ={K;F{i' OF VfAY ?'JF° CUL13 liCRD ROAD. LzEs"aCR AAuRE PAFZTIGIIa ARLY CESCR?BED AS FOLLMr BEGNNIh1Ci AT A F'4Dttv7 ALt?'JG SkC R?GN7 Qf 'W"n`t` AT THE tNTRA1J,fl,E TC} TH'E CYPz?+cESS P?"wtNF COlF CLCtB, HnMa`iw ,4 COORC€€tATe VsaLUE OF ht: 3.486,788.47 BY E; 11.165,984.19 AS RELATC4 TJ THE u'lRGyNi,4 STP."'E PtANE CuMl^JATE SYa7EFa ;NAi9 8;5; rUt;YN ZONL; ThlENCE AL{?NG TF,.E uEh3TERLINE OF SA1D EASEMEPdf' 14' 30'38'53` EA D15TA1VCE OF 119.1f3' FC3 1t POINY; THFKF N 76 47'37" E A D157RNCE OF 151.21' T{) Tt1EJ`:CE N 45'25'01' E A DISTACdCE 4f .14.60` TO A TftENf E N 5524`45' W A G:SEA;JCE CFf" ?a.12* :O ! iHEPtLE N -17'$1'26 S # D1STANGE OF 79.68' TO ?A -HENGf t£ o8'42"20' Y! A f7z 5 71AN C z, OF 59,86' T() r "rdENCE N 54'42'37' r- A GIS7AniUE O€ 6.3.38° TO ! 'HEh,f`E N 43 34"37" E # DIS7ANCE OF 60..02' T-0 ' TMEItiCE N = A t;IST,AM1ICE OF 213.E33' TO I -NEIiC£ N 26'14'40" E A DISTA3'dlyE OF 76-59' T;] t ThE..GE 5 II1 '33'24" E AD3"TkrlCE OF 38.67' TO THENC'E N 6T 13'47" E k GYISYANrL OF 25:73' To ? 'kfEf•3GE Cv 3.+21' i 3`E A 0157RNCE OF M 13' TR 1 EHfNGE N 76-34'35' E A GISTANCE OF 1.Tx1,1.Ti' TO ?HENGE N 31'13'14' z A DISTANG[ OF 85.0 t' Tt7 £ rt'iEt;;vCE h? 1'7"4CS'i0' E F•? C h I?fXA7?GE OF 2rY1.43` Tfl?q + .i T?f'±4NCy?E N y;{+?7?? J6?'ff?f'" 1 ??yM? M1 t1'i?fS 6%?'4p?E OF G4??l.8S' aFU ?"'.C? .q?.."IEPS4E I?x G?531'58" Te e? IFiSTA,NVE. VF a.T.35' 'i!#F:R[?t: ?# i?}:ai?'34" ?a' A ??fSTqNUF ?7F ts?,:°4' "sc7 E: HFNC'F h1 Wq8' i Cl" E. A L}ISTANCE OF 16.12' TO , '?=EkCE Pi 3747'34' E A 4157ANGE QE 4, 2.72` Ti7 h' 25 58'72' = ADISTRNGE OF .15„87' TO , "HENCE N 2V32'12' E d; Ctl3lhNCE OF 45,08' T'J , `'tiLNCE N 36 51'30` ; A DIS1riNCE {7F 2:5.37` T;7 , 3NFNGF N 51`4,'52" ,-' A OISTANCE OF 37.35' TO , TMENGE N 3t3'00'D3" A DI.STANGE OF 31,11' Tfl "'HEhGE N 28`;r6'23* E A CIS1',4N[:C (5F 217.1 r' TO :HENCE AS 16'32'58' t A CIST,4NCE: 6F 26.4a' T,l , iHF:tvCE N: 04'q$`a5° 'N D, n?STA'J E t:•F I'a7 iENC:k N ;}9'59'59" E A DI`;TANCE OF 22,37` ?0 . "FiENCE tL 32`44'1 1" E A GISTANCE 45F 13.54' TO THEhG? N 4T28`31" E x4 615TANCE OF 3,55.92' 7O 'til;,P+?«??. N 4i"Ot't?"' l+i' k D?.^?"A!?a.^F t?' 19.81° ;t? "ti[NC£ tv 64'13'42' Vd k CSWA'«!C: OF 6'?5.fi1' 7O 5XI) J+SEkfENT, rr::. ?OLLcWiW.> COuRSEs A, Pp!NT; PIDItd'F; t h'Cl?tv7"; POivi- i PO+P«T; , ?GI4d'f; 0 I°JT, 'ulIN'; PCEI?dT; P4iN7; 4 viil*!€; A POINT; 1 I?+?J¢s-?: ? ??V¢?1? ? PCJ:NT; t ?OI*I'>`, i P'?IN°; 1 PC)I1J7 1 PDI^4r; S PL^I.`!r; A iN}:F:T; y :af?IN '; 'v P0i''JT: 4 r Gl"J?; A f'O: hd7? A rG!rw7 qE;N.^u Thi£ EYD {]F 11 N ? C? ,O ? ? OI U w ? W J J - ? N ? ?? W ? Q ? ? GO ? ? ? ? ? ? ? U ? ? N ? ?o ? w a 0 U C O O ? ? a a? ? ? a ? C ? 04 ? ? ? ? ? C 0 ? ?o 0 ? M ? ? C C N ? . Nu e? CITY OF VIRGINIA BEACH , AGENDA ITEM , ITEM: MOORE FARM, LLLP (Applicant/Owner), Conditional Change of Zoning, B- 1A Limited Community Business to Conditional B-2 Community Business. 925 Diamond Springs Road (GPIN 1468357321). COUNCIL DISTRICT - KEMPSVILLE. MEETING DATE: April 22, 2014 ¦ Background: The applicant is requesting a Conditional Change of Zoning from Conditional B- 1A Limited Community Business District to B-2 Community Business District to allow use of the site for an eat-in and carry-out dining establishment with a drive- through window. The original occupant of this building was a bank with three drive-through lanes and an oversized canopy. The applicant wishes to utilize the drive-through window located on the building faCade. The rezoning is necessary because the current B-1A zoning of the site prohibits eating and drinking establishments with drive-through windows. ¦ Considerations: The applicant plans on operating a pizza restaurant on the site. The proposed restaurant will have both eat-in and carry-out business, as well as incorporate a drive-through window. The restaurant will occupy the front portion of the building. The business will operate from 10 a.m. to 10 p.m. on Sunday through Thursday and 10 a.m. to 11 p.m., Friday and Saturday. The applicant estimates that the business will have three to four employees during the day shift and eight to ten employees for the night shift. There will be no outdoor amplified speaker system. The rear portion of the building will remain vacant until another lessee is found. Proffer #6 is recommended to limit prospective uses on the site so that future tenants will not be disruptive to the surrounding properties. Specific details pertaining to proposal as well as Staff's evaluation of the request are provided in the attached staff report. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following proffers: MOORE FARM, LLLP Page 2 of 3 PROFFER 1: The appearance of, and external building materials for, the structure on the Property shall conform substantially to those shown on the building elevation of December 22, 1999, titled: "ZOOTS- DIAMOND SPRINGS BRANCH, DECEMBER 22, 1999, VIRGINIA BEACH, VA," prepared by Bondurant Associates Engineering/ Architecture, Portsmouth, Virginia, which elevation was exhibited to the City Council and is on file at the Planning Department. PROFFER 2: The development and layout of the Property shall continue to conform substantially to the site plan of December 28, 1999, titled "Preliminary Site Plan for Conditional Rezoning for Zoots Inc. GPIN: 1468-35-7321 Bayside District 4- Virginia Beach, Virginia," prepared by engineering services inc., Civil Engineering - Land Surveying, which site plan was exhibited to the City Council and is on file at the Planning Department. PROFFER 3: The size and location of signage on the Property shall continue to conform to the size and location shown on the exhibit of December 21, 1999, titled: "Signage Exhibit for Zoots Facility, 925 Diamond Springs Road, Virginia Beach, Virginia," as prepared by East Coast Sign Advertising, with shapes and designs to be as shown on the exhibit "925 Diamond Springs, Va. Beach VA" showing Cardinal Sign Corporation's Design 24619-R1 dated February 17, 2014 and Design 24619-BR1 dated February 17, 2014, which exhibits were exhibited to the City Council and are on file at the Planning Department. PROFFER 4: There will be no outdoor sound amplification system or speaker-communication on the Property. PROFFER 5: The hours of operation will not commence earlier than 10:00 a.m. or end later than 10:00 p.m. on Sunday through Thursday; the hours of operation will not commence before 10:00 a.m. or end after 11:00 p.m. on Friday and Saturday. PROFFER 6: The Property shall not be developed as or used for the following: automobile repair garages, automobile repair establishments, automobile service stations, bars and nightclubs, boat sales, body piercing establishments, bulk storage yards, car wash facilities, commercial parking lots, parking garages, parking structures and storage garages, mini-warehouses, mobile home sales and rentals, motor vehicle sales and rentals, off-site parking facilities, storage garages and tattoo parlors. PROFFER 7: Further conditions lawfully imposed by applicable development ordinances may MOORE FARM, LLLP Page 3 of 3 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. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Conditional Zoning Agreement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S k 1 - 6?r? KErMsviu.e MeR c ?? x-s Moore Farm L.L.C. A, ? - -, -- ? R10'? - 6 2 ij ? R10 ?...?.... R?o ? aIo 01 ? z -- d W ? - R,a 132 ? A12` K'?l6y?p j I , °wvE 1 82 AU i B2• J 132' - ,o z?w?c?aw..cAn...q«sw?.w?a+a Conditional2oningCAanyetrom8-tAtoCondRional8•1 ? March 12, 2014 Public Hearing APPLICANT: MOORE FARM, L.L.L.P. PROPERTY OWNER: MOORE FARM L.L.L.P. t STAFF PLANNER: Kevin Kemp REQUEST: Chanqe of Zonina (B-1A Limited Community Business to Conditional B-2 Community Business) ADDRESS / DESCRIPTION: 925 Diamond Springs Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14683573210000 KEMPSVILLE 0.8914 acres Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL Backqround The applicant is requesting a Conditional Rezoning from Conditional B-1A Limited Community Business District to B-2 Community Business District to allow use of the site for an eat-in and carry-out dining establishment with a drive-through window. This rezoning is necessary because the current B-1A zoning of the site prohibits eating and drinking establishments with drive-through windows. The original occupant of this building was a bank with three drive-through lanes and an oversized canopy. The applicant wishes to utilize the drive-through window on the building fagade; therefore, a rezoning is necessary. In 1988, the subject site was rezoned from R-10 Residential District to 0-1 Office District. The existing structure on the site was built in 1989 and was initially occupied by a bank. In 2000, the site was rezoned from 0-1 Office to Conditional B-1A Limited Community Business District to allow for use of the building as a dry cleaning business. In 2012, a Conditional Use Permit was approved for a commercial daycare facility on the site; however, the applicant never occupied the building and activated the Use Permit. Details There no changes proposed to the exterior of the building except for the addition of two building signs. Additionally, the monument sign at the corner of Diamond Springs Road and Wesleyan Drive will remain but will be refaced to identify the business. There is existing mature landscaping along both Diamond Springs Road and Wesleyan Drive, as well as along the northern and western property lines. This MOORE FARM, L.L.C. Agenda Item 5 Page 1 landscaping will remain and any areas where it has been removed will be replanted. The landscaping along the foundation of the building will remain. There will be no change to the parking surface . The applicant plans on operating a pizza restaurant on the site. The proposed restaurant will have both eat-in and carry-out business, as well as incorporate a drive-through window. The restaurant will occupy the front portion of the building. The business will operate from 10 a.m. to 10 p.m. on Sunday through Thursday and 10 a.m. to 11 p.m., Friday and Saturday. The applicant estimates that the business will have three to four employees during the day shift and eight to ten employees for the night shift. There will be no outdoor amplified speaker system. The rear portion of the building will remain vacant until another lessee is found. Proffer #6 is recommended to limit prospective uses on the site so that future tenants will not be disruptive to the surrounding properties. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: The site is occupied by a single-story building, parking, and landscaped areas. The building is currently vacant. The site is zoned B-1A Limited Community Business. SURROUNDING LAND North: . Residential Senior Care Home / 0-1 Office District USE AND ZONING: South: . Wesleyan Drive • Commercial Use, Pharmacy / Conditional B-2 Community Business District East: . Diamond Springs Road • Commercial Strip Center and Service Station / B-2 Community Business District West: . Residential Senior Care Home / R-10 Residential District NATURAL RESOURCE AND A majority of the site is developed with the structure and asphalt CULTURAL FEATURES: parking surface. There do not appear to be any significant natural resources or cultural features associated with the site. The site is located in the Chesapeake Bay Watershed. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities wither maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses (pp. 3-1, 3- 2). MOORE FARM, L,L.C. Agenda Item 5 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Diamond Springs Road at this location is considered a four-lane divided minor suburban arterial. The Master Transportation Plan proposes a six-lane facility within a 150-foot wide right-of-way. Currently, this segment of roadway is functioning under capacity at a Level of Service C or better. Wesleyan Drive at this location is considered a four-lane divided minor urban arterial. The Master Transportation Plan proposes a four-lane facility within a 110-foot wide right-of-way. Currently, this segment of roadway is functioning under capacity at a Level of Service C. There are no Roadway Capital Improvement Program projects currently proposed for this area. TRAFFIC: Street Name Present present Capacity Generated Traffic Volume Diamond Springs 20,901 ADT' 28,200 ADT' (Level of Existing Zoning 2 Road Service "C") 491 ADT 30,600 ADT' (Level of Proposed Zoning 3 Service "D") 491 ADT 32,800 ADT' (Level of See above Service "E" Wesleyan Drive 13,328 ADT' 14,800 ADT' (Level of Service "C") 22,800 ADT' (Level of Service "D") 27,400 ADT' (Level of Service "E" Average Daily Trips Zas defined by 0.8914 acre site in B-1A Zoning District 3 as defined b 0.8914 acre site in B-2 Zonin District WATER & SEWER: This site has existing connections to the City water and sewer system. EVALUATION AND RECOMMENDATION This request for a change of zoning from B-1A Limited Community Business District to Conditional B-2 Community Business District for the purpose of allowing use of the building as a restaurant with a drive- through window is consistent with the Comprehensive Plan's land use recommendations for the Suburban Area. This property is located at the northwest corner of an intersection where all the other corners contain commercial uses. Both Diamond Springs Road and Wesleyan Drive in the vicinity of the site are operating under capacity and the additional trips generated are not expected to have an adverse effect on traffic. No changes are proposed to the existing access points on Diamond Springs Road and Wesleyan Drive. Additionally, the applicant has met with the adjacent assisted living facilities to the west and north of the site, and those property owners have not expressed any objections to the proposal. MOORE FARM, L.L.C. Agenda Item 5 Page 3 The existing building's use of residential design elements ensures greater compatibility with the adjacent residential uses and area than a typical retail commercial building would. Moreover, the design of this drive-through is such that even though this is a highly visible site at a major roadway intersection, the drive-through is not highly visible due to its placement on what is, in effect, the rear side of the building. The applicant will make interior modifications to accommodate the new use; however, minimal changes are proposed the exterior. The building signage will be installed in the two areas previously used for signs, and the signs will not significantly detract from the appeal of the building. There is existing significant landscaping along all sides of the property that will remain and be reinstalled in the areas where it has been removed. Additionally, all interior landscaping meets current requirements and will remain. There are no proposed changes to the parking surface. Staff concludes that this request provides a good reuse of the existing building. Based on this conclusion and the facts above, staff recommends approval of this application as proffered. 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: The appearance of, and external building materials for, the structure on the Property shall conform substantially to those shown on the building elevation of December 22, 1999, titled: "ZOOTS- DIAMOND SPRINGS BRANCH, DECEMBER 22, 1999, VIRGINIA BEACH, VA," prepared by Bondurant Associates Engineering/ Architecture, Portsmouth, Virginia, which elevation was exhibited to the City Council and is on file at the Planning Department. PROFFER 2: The development and layout of the Property shall continue to conform substantially to the site plan of December 28, 1999, titled "Preliminary Site Plan for Conditional Rezoning for Zoots Inc. GPIN: 1468-35- 7321 Bayside District 4- Virginia Beach, Virginia," prepared by engineering services inc., Civil Engineering - Land Surveying, which site plan was exhibited to the City Council and is on file at the Planning Department. PROFFER 3: The size and location of signage on the Property shall continue to conform to the size and location shown on the exhibit of December 21, 1999, titled: "Signage Exhibit for Zoots Facility, 925 Diamond Springs Road, Virginia Beach, Virginia," as prepared by East Coast Sign Advertising, with shapes and designs to be as shown on the exhibit "925 Diamond Springs, Va. Beach VA" showing Cardinal Sign Corporation's Design 24619-R1 dated February 17, 2014 and Design 24619-BR1 dated February 17, 2014, which exhibits were exhibited to the City Council and are on file at the Planning Department. PROFFER 4: There will be no outdoor sound amplification system or speaker-communication on the Property. MOORE FARM, L.L.C. Agenda Item 5 Page 4 PROFFER 5: The hours of operation will not commence earlier than 10:00 a.m. or end later than 10:00 p.m. on Sunday through Thursday; the hours of operation will not commence before 10:00 a.m. or end after 11:00 p.m. on Friday and Saturday. PROFFER 6: The Property shall not be developed as or used for the following: automobile repair garages, automobile repair establishments, automobile service stations, bars and nightclubs, boat sales, body piercing establishments, bulk storage yards, car wash facilities, commercial parking lots, parking garages, parking structures and storage garages, mini-warehouses, mobile home sales and rentals, motor vehicle sales and rentals, off-site parking facilities, storage garages and tattoo parlors. PROFFER 7: Further conditions lawfully imposed by applicable development ordinances 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. The City Attorney's Office has reviewed the Conditional Zoning Agreement dated February 18, 2014 and found it to be legally sufficient and in acceptable legal form. NOTE: Further condifions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Deparfinent of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicanf is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. MOORE FARM, L.L.C. Agenda Item 5 Page 5 AERIAL OF SITE LOCATION MOORE FARM, L.L.C. Agenda Item 5 Page 6 --i ? . ?f I es ! ! E? ? + _ •a 1 ki. Y 1 ? . . ?' 1 • ? ? ' {? a . / . . + _ . . ? `t . `. ? A 'a a P?aux-?,. a M?:? N. an .t)N Y. i ?? M. p.6. t29A "Q0[0 t11 . - i ?M/t1 • ?, , . . W^, *lyp Ny,??S3A1 N ? ? _ cc d ? 3 0 : Q . Q I / ? - H ' I ? N ? I ? -. ? I SITE PLAN (PROFFER 2) ? 7 .: 4^ 2 i ? 1 1 ? e _ ? ? , ! I F? ? if ll?i ? ?. N? 1z a? ? <. ? ,a ? ? i ? a rc ? ? ? ? BUILDING ELEVATIONS (PROFFER 1) ? ? ? ? ? ? ? t i r # i ? ,?? r. x. ? ? ; i e ; Y '. "?---?•?-? Nb A . ? ... ? ?_, ', .. z a° 1?1- on SITE PLAN SHOWING SIGN LOCATIONS (PROFFER 3) a? ., ? ? ?'. ? ? ? ? ? ? ? Q 0 ry r?? V z S V ', ? Z 0 ? ? z 0 ? 4 J •? W U ~ M z ? LOCATION OF BUILDING SIGNAGE- EAST FA(;ADE (PROFFER 3) ? ? , U f I I ? LOCATION OF BUILDING SIGNAGE- SOUTH FA(;ADE(PROFFER 3) ? a. ? ?. .? ? C Q N ? ? ? Mo a J ?: i¦ ? ( O i. I E F Wo i'- {1j{i1 !L ?_ .. _ ? i ? w ? V O 'p ?j.A ?. ? ? 44 x Q ?to ILO ?z ? w vi J X ? W ? Z Z ? 2 UW LL U O? ~ w Ma..a Ma..e .sca u , ..09 PROPOSED BUILDING SIGNAGE ARM, L.L.C. lenda Item 5 Page 12 ., t • 8 ?? ?"?j '? ?? } . JC ? ? ? - - - -------'' (9) ? m ..91 ..75 fi) W U k z ? ? c? z ? ? k tu a 0 ? ? ? Z j PROPOSED MONUMENT SIGN ? FARM, L.L.C. Agenda Item 5 Page 13 ZONING HISTORY # DATE REQUEST AC TION 1 07/03/2012 Conditional Use Permit Da care Facilit A roved 03/14/2000 Rezonin 0-1 to B-1A A roved 2 12/07/2004 Rezonin R-10 to A-12 A roved 3 03/07/2000 Conditional Use Permit Automobile Service Station- Fuel Sales A roved 4 10/26/1999 Rezonin R-10 to B-2 A roved 04/30/1990 Rezonin R-10 to 0-1 A roved 5 01/26/1999 Rezonin R-10 to B-2 A roved 6 06/23/1998 Conditional Use Permit Home for Seniors A roved 09/06/1988 Rezonin R-10 to 0-1 A roved 7 08/10/1993 Conditional Use Permit Mini Warehouse/ Self Stora e Denied 8 09/06/1988 Conditional Use Permit Home for Seniors A roved 9 01/04/1988 Rezonin R-5 to B-2 Denied 10 09/14/1987 Conditional Use Permit Automobile Service Station- Fuel Sales A roved 11 09/30/1985 Rezoning (R-5 to B-2 A roved 3 MOORE FARM, L.L.C. Agenda Item 5 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 lisf if necessary) Moore Farrn LLLPIGeneral Partners: John G. Williams and Mary M. Wiliiams; Limited Partners: John G. Williams, Mary M> Williams and Virginia W. Garbarini 2. List all businesses that have a parent-subsidiary' or affiliated business entw relationship with the applicant: (Attach list if necessary) None ? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section on/y if property owner is different fr-om applicanf. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list iinecessary) Applicant is property owner 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Aftach 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 I I 1 ? . ? / ? E ? F Does an official or em loyee of the City of Virginia Beach have an interest in the ? subject land? Yes No FXI t If yes, what is the name of the official or employee and the nature of their interest? ' ? DISCLOSURE STATEMENT MOORE FARM, L.L.C. Agenda Item 5 Page 15 ADDITIONAL DISCLOSURES List ali known contractors or businesses that have or will provide seniices 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) - Willcox & Savage, P.C. - provides legal services to owner - S.L. Nusbaum Realty Co. - provides real estate services to owner '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2"Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close woiicing relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notifrcation (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. MOORE FARM LLLP By: John G. Williams, ak4 Z-i" ? Mary M. Williams, General Partners Ap canYs Signature Print Name Property Owner's Signature (if different than applicant) same Print Name DISCLOSURE STATEMENT MOORE FARM, L.L.C. Agenda Item 5 Page 16 Item #5 Moore Farm, L.L.P. Conditional Change of Zoning 925 Diamond Springs Road District 2 Kempsville March 12, 2014 CONSENT An application of Moore Farm, L.L.P. for a Change of Zoning (B-1A Limited Community Business to Conditional B-2 Community Business) on property located at 925 Diamond Springs Road, District 2, Kempsville. GPIN: 14683573210000. PROFFERS PROFFER 1: The appearance of, and external building materials for, the structure on the Property shall conform substantially to those shown on the building elevation of December 22, 1999, titled: "ZOOTS- DIAMOND SPRINGS BRANCH, DECEMBER 22, 1999, VIRGINIA BEACH, VA," prepared by Bondurant Associates Engineering/ Architecture, Portsmouth, Virginia, which elevation was exhibited to the City Council and is on file at the Planning Department. PROFFER 2: The development and layout of the Property shall continue to conform substantially to the site plan of December 28, 1999, titled "Preliminary Site Plan for Conditional Rezoning for Zoots Inc. GPIN: 1468-35-7321 Bayside District 4- Virginia Beach, Virginia," prepared by Engineering Services Inc., Civil Engineering - Land Surveying, which site plan was exhibited to the City Council and is on file at the Planning Department. PROFFER 3: The size and location of signage on the Property shall continue to conform to the size and location shown on the exhibit of December 21, 1999, titled: "Signage Exhibit for Zoots Facility, 925 Diamond Springs Road, Virginia Beach, Virginia," as prepared by East Coast Sign Advertising, with shapes and designs to be as shown on the exhibit "925 Diamond Springs, Va. Beach VA" showing Cardinal Sign Corporation's Design 24619-R1 dated February 17, 2014 and Design 24619-BR1 dated February 17, 2014, which exhibits were exhibited to the City Council and are on file at the Planning Department. PROFFER 4: There will be no outdoor sound amplification system or speaker-communication on the Property. Item #5 Moore Farm, L.L.P. Page 2 PROFFER 5: The hours of operation will not commence earlier than 10:00 a.m. or end later than 10:00 p.m. on Sunday through Thursday; the hours of operation will not commence before 10:00 a.m. or end after 11:00 p.m. on Friday and Saturday. PROFFER 6: The Property shall not be developed as or used for the following: automobile repair garages, automobile repair establishments, automobile service stations, bars and nightclubs, boat sales, body piercing establishments, bulk storage yards, car wash facilities, commercial parking lots, parking garages, parking structures and storage garages, mini-warehouses, mobile home sales and rentals, motor vehicle sales and rentals, off-site parking facilities, storage garages and tattoo parlors. PROFFER 7: Further conditions lawfully imposed by applicable development ordinances 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. A motion was made by Commissioner Hodgson and seconded by Commissioner Thornton to approve item 5. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 5 by consent. Warren Tisdale appeared before the Commission on behalf of the applicant. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-8896 TO: Mark D. Stiles Wilsonb? FROM: B. Kay DATE: April 14, 2014 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Moore Farm, LLP The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 22, 2014. I have reviewed the subject proffer agreement, dated February 18, 2014 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen Prepared by Wanen L. Tisdale Willcox & Savage, P.C. 440 Monticello Avenue, Suite 2200 Norfolk, VA 23510-2243 AGREEMENT THIS AGREEMENT (the "Agreement"} is made as of this lMday of February, 2014, by and between MOORE FARM, LLLP, a Virginia limited liability limited partnership, the owner ("Owner") of the properiy located at 925 Diamond Springs Road, Virginia Beach, Virginia, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"), and VRB ENTERPRISES, LLC, a North Carolina limited liability company, dlb/al Little Caesars ("VRB"), the contract lessee of the property (the Owner and VRB are hereinafter referred to collectively as the "Grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, to change the classification of the Property from Conditional B-lA to Conditional B-2; and WBER.EAS, the Grantee's policy is to provide for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Properiy far the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has proffered voluntarily in writing in advance of the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance ("CZO"), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of the proposed 1 [GPIN NO.: 1468-35-73211 ?? amendment to the Zoning Map, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WIMREAS, the 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 on the Property; provided, however, that the conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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, further, that Grantee consents to the instrument in writing, as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which ordinance or resolution shall be recorded along with the instrument as conclusive evidence of consent. NOW THEREFORE, the Grantor, for itself, its successars, 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 of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions, which shall restrict and govern the physical development, operation and use of the Property, and hereby covenants and agrees that these proffers 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 heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: l. The appearance of, and external building materials for, the structure on the Property shall conform substantially to those shown on the building elevation of December 22, 1999, titled: "ZOOTS - DIAMOND SPRINGS BRANCH, DECEMBER 22, 1999, VIRGINIA BEACH, VIKGINIA," prepared by Bondurant Associates Engineering/Architecture, Portsmouth, 2 I-1192207.4 "0.'?t/Yi? Virginia, which elevation was exhibited to the City Council and is on file at the Planning Department. 2. The development and layout of the Property shall continue to confornl substantially to the site plan of December 28, 1999, titled "Preliminary Site Plan for Conditional Rezoning for Zoots Inc. GPIN: 1468-35-7321 Bayside District 4- Virginia Beach, Virginia," prepared by engineering services inc., Civil Engineering - Land Surveying, which site plan was exhibited to the City Council and is on file at the Planning Department. 3. The size and location of signage on the Property shall continue to conform to the size and location shown on the exhibit of December 21, 1999, titled: "Signage Exhibit for Zoots Facility, 925 Diamond Springs Road, Virginia Beach, Virginia," as prepared by East Coast Sign Advertising, with shapes and designs to be as shown on the exhibit "925 Diamond Springs, Va. Beach VA" showing Cardinal Sign Corporation's Design 24619-R1 dated February 17, 2014 and Design 24619-BR1 dated February 17, 2014, which exhibits were exhibited to the City Council and are on file at the Planning Department. 4. There will be no outdoor sound amplification system or speaker-communication on the Property. 5. The hours of operation will not commence earlier than 10:00 a.m. or end later than 10:00 p.m. on Sunday through Thursday; the hours of operation will not commence before 10:00 a.m. or end after 11:00 p.m. on Friday and Saturday. 6. The Property shall not be developed as or used for the following: automobile repair garages, automobile repair establishments, automobile service stations, bars and nightclubs, boat sales, body piercing establishments, bulk storage yards, car wash facilities, commercial parking lots, parking garages, parking structures and storage garages, mini-warehouses, mobile home sales and rentals, motor vehicle sales and rentals, off-site parking facilities, storage garages and tattoo parlors. 7. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of 3 I-1192207.4 applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the CZO in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (a) 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to enswe compliance with the conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (b) the failure to meet a11 conditions shall constitute cause to deny the issuance of any required building or occupancy permits, as may be appropriate; (c) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor snall petition the governing body for review thereof prior to instituting proceedings in court; and (d) the Zoning Map shall show by an appropriate symbol the existence of conditions atta.ching to the zoning of the Properiy on the Zoning Map, and the ordinance and the conditions will be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning 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 name of the Grantor and Grantee. [SIGNATURE PAGE FOLLOWS] I-1192207.4 4 , ???Y ? IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written abave. GRANTOR: MOORE FARM LLLP, a Virginia limited liability limited partnership ? K By. General Partner By: General Partner VRB ENTERPRISES, LLC a North Carolina limited liability company BY: Z . ?? /? ` Title: /YILnn-' ,?•? COMMOTf WEAL,TH OF VIlZGINIA CITY OF Virginia Beach, to-wit: The foregoing instrument was sworn to and acknowledged before me this iq day of February, 2014, by John G. Williams, who is personally known to me or has produced identification, and who signed in his capacity as General Partner of Moore Farm, LLLP, a Virginia limited liability limited partnership. G?A ?: ' • . . q . P,.• •. d ?. . • % ;. PRY p? ., ; Nota Public ry e = 0:? z REG #??`?. = 321743 C) : Q_ _ O: My Commission Expires: DZ COMMISSION ? Z _ s ? '•. EXPIRES - o•. ,: ?Q ' = '? ? ? ,,??ti?,?I ?/ rq._•?? \?,, Registration Number: 3d 17y3 LTH ? ???"? I-1192207.4 5 ?? coNWoNwEa1,TH oF vnRGIlVra CITY OF Virginia Beach, to-wit: The foregoing instrument was sworn to and acknowledged before me this _17 day of February, 2014, by Mary Moore Williams, who is personally known to me or has produced identification, and who signed in her capacity as General Partner of Moore Farm, LLLP, a Virginia limited liability limited partnership. , O,,?„????„??, , ?'v ??\A ?: ... • • • . ;? .•,?Pp,Y P&?•, \ ? EG # <? '•. = Notary Public o :? 32l 743 C): COMMISSION ? ?? ; 5 '•. EXPIRES r C? ? My Commission Expires: 0?- 12-7 2flig ;,?2'• .#72W2V1W..• JN Fq CTH`„?F Registration Number: ?3a ? ? N 3 STATE/ I?l C.- C-ff-Y/COIJNTY of DA i2 C The foregoing instrument was sworn to and acknowledged before me this I `I r?day of February, 2014, by ka N AU) ?NRS' QP who is personally known to me or has produced identification, and who signed in his capacity as M C. t'1 t3 t(Z- of VRB Enterprises, LLC, a North Carolina limited liability company. t ' F ?trp IVI'd ? `5 3 l?,f1 Notary Public My Commission Expires: Qq- C y.- Z O Registration Number: . . ??' I-1192207.4 6 10A EXHIBIT A ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, containing 0.8914 acres, 38,830 square feet and being known, numbered and designated as "Parcel C," on a plat entitled, "SUBDIVISION OF PART OF PROPERTY OF JOHN G. & MARY M. WILLIAMS", made by W.P. Large, Inc., dated September 21, 1988, which said pIat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") in Map Book 192, at page 9, reference to which said plat is hereby made for a more particular description of said parcel of land. IT BEING a portion of tbe same property conveyed to Mooze Farm LLLP, a Vizginia limited liability limited partnership by deed from Mary Moore Williams and John G. Williams, husband and wife, dated October 11, 2000 and recorded November 1, 2000 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4317 at page 76. A-1 I-1192207.4 ( U ^? h (V 4 ?? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend the Historic Kempsville Master Plan by deleting Appendix 3 and revising the text of the plan pertaining to drive-through facilities. MEETING DATE: April 22, 2014 ¦ Background: When the Historic Kempsville Area Master Plan (HKMP) was adopted in 2006, the document included recommended draft amendments to the City Zoning Ordinance. City Council approved the amendments to the Zoning Ordinance (Article 20) with the adoption of the HKMP. The purpose of the currently proposed amendments is to delete from the HKMP the text of the originally proposed ordinance, which is still part of the plan, as well as to make `housekeeping' corrections to the document (spelling, pagination, etc.). On March 25, the City Council deferred this item at the request of staff. ¦ Considerations: The proposed amendments are part of a`package' of four items intended to update the Historic Kempsville Area Master Plan, close rights-of-way formerly part of Princess Anne Road and Kempsville Road, and allow a drive-through as part of a drugstore proposed for the City-owned parcel located at the northwest corner of the intersection of Princess Anne Road, Kempsville Road, and S. Witchduck Road. The four items are also associated with an agreement for the purchase of the City-owned parcel. The proposed amendments are presented and explained in the attached staff report. There was no opposition to the amendments. ¦ Recommendation: The Planning Commission, passing a motion by a recorded vote of 10-0, recommends approval of the amendments to the City Council. ¦ Attachments: Staff Report Ordinance CITY OF VIRGINIA BEACH - HISTORIC KEMPSVILLE MASTER PLAN Page 2 of 2 Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage • S k ??? 10 February 12, 2014 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO THE HISTORIC KEMPSVILLE AREA MASTER PLAN REQUEST: An Ordinance to Amend the Historic Kempsville Master Plan by deleting Appendix 3 and revising the text of the plan pertaining to drive-through facilities. SUMMARY OF AMENDMENT City Council adopted the "Historic Kempsville Area Master Plan" on January 24, 2006. The Historic Kempsville Area Master Plan (HKMP) is intended to address and coordinate a number of related issues and opportunities in the area, which generally surrounds the Princess Anne Road / Kempsville Road / South Witchduck Road intersection. A significant investment in public funds associated with transportation improvements for this area has been made since the HKMP's adoption. While these improvements are scheduled to be completed later this year, it remains critically imperative that the City, in cooperation with affected property owners, leverage these public investments for the purpose of creating a sense of place and character for this area of the city. The sense of place and character should be distinctive, supportive, and complementary to other similar efforts underway in other areas of the city. This opportunity can be channeled in ways that heips to provide open space, to enhance and promote neighborhood preservation efforts, to retrofit stormwater quality management, and to preserve valuable historic resources in the immediate and surrounding area. The currently adopted Historic Kempsville Area Master Plan provides policies and recommendations and is organized as follows: • Land Use • Environmental Constraints and Opportunities • Open Space • Historic Resources • Disposal and Use of Excess City Property and Right-of Way • Creating a Sense of Place and Name Identification for the Area • Coordination with Proposed Transportation Improvements • Coordination with other City Public Facilities • Coordination with Commercial and Institutional Interests • Coordination with Residential Interests CITY OF VIRGINIA BEACH Historic Kemp: Page '1 • Design Guidelines • Code Revisions The specific recommendations of the HKMP are intended to serve as a document separate of the Comprehensive Plan that can assist the City, property owners, and prospective developers in implementing the Plan's vision. The HKMP, however, also serves as a supplement to the Comprehensive Plan's recommendations for the Suburban Area. The Comprehensive Plan identifies the Historic Kempsville Area as 'Suburban Focus Area 3,' and provides general policies for the area. The HKMP, as a document that is adopted by reference as part of the Comprehensive Plan, provides details and refines the Comprehensive Plan's general recommendations for the area. When the HKMP was adopted in 2006, the document included draft amendments to the City Zoning Ordinance that were recommended for adoption as part of the implement of the HKMP's recommendations. City Council adopted these ordinance changes with the adoption of the HKMP. The adopted ordinance is now Article 20 of the Zoning Ordinance. The currently proposed amendment to the Historic Kempsville Area Master Plan will delete from the HKMP the actual text of the ordinance originally proposed in the Plan, inasmuch as they have already been adopted as part of the City Zoning Ordinance. This deletion, along with other minor housekeeping changes to the HKMP (correcting page numbers, misspelled words, and the like), will make the Plan easier to use and read, and will fulfill its purpose as an implementation guide for public and private development of the area. RECOMMENDATION The currently proposed amendments will update the Historic Kempsville Area Master Plan through the removal of dated material and will correct stylistic errors, resulting in a plan that is easier to use and read. These changes will enhance the Plan's ability to fulfill its purpose as an implementation guide for public and private development in the area. Staff recommends adoption of the amendments. CITY OF VIRGINIA BEACH./ Amendment - :_ Historic Kempsv?lle Area Plan Agenda Item' 10 Page 2 DRAFT Revisions to January 24, 2006 Historic Kempsville Area Master Plan Document Below is a listing of the revisions to the Historic Kempsville Area Master Plan (adopted by City Council on January 24, 2006). The page(s) of the plan document referenced each of the items listed below are provided after this page. • Plan Cover - replacement of graphic and replacement of "Draft" with "Adopted." • All Pages - revision of page footer, inserting "Area" in "Historic Kempsville Area Master Plan" and replacing "Draft" with "Adopted." • Page 8- under the 'Floodplains' section, revision of last sentence to replace "minimum 1 foot elevation" with "minimum 2 foot elevation" and deletion of "and must carry flood insurance." Purpose of revisions is to ensure consistency of this section with the various amendments to the City Code pertaining to floodplains as adopted by the City Council on November 26, 2013. • Page 10 - under the 'Architectural Landmarks and Styles' section, replacement of page number referencing Appendix 4 from 123 to 65. • Page 19 - under the 'Issues' section, deletion of last sentence pertaining to 'former mosquito control property,' as this issue is now resolved. • Page 25 - under `Land Use ConcepY section, replacement of page number referencing Appendix 4 from 137 to 79. • Page 26 - under'Conceptual Village Plan by Quadrant' section, replacement of page numbers referencing Appendix 4 from 138 to 142' to '80 to 84.' • Page 27 - under `Architectural Fabric' section, replacement of page number referencing Appendix 4 from 144 to 86. • Page 28 - under'Adoption of City Zoning Ordinance Amendments and Other Ordinances' section, deletion of "Copies of the proposed amendments and new ordinances are found in Appendix on page 35 to page 112" and addition of "City Council has adopted these amendments, and further information concerning these provisions is found in Appendix 3 on page 53." • Page 30 - in the last sentence, replacement of page number referencing Appendix 4 from 145 to 87. • Page 53 - Insertion of the following text at the top of the page: On January 24, 2006, City Council adopted the Historic Kempsville Area Master Plan, along with ordinances to amend the City Zoning Ordinance to allow for implementation of the goals and recommendations of the Historic Kempsville Area Master Plan (Ordinances 2915 through 2917).The City Council also amended the Official Zoning Map by the designation and incorporation of the Historic Kempsville Area Overlay District, formally designating the area of Historic Kempsville for regulatory purposes as set forth in the City Zoning Ordinance. Please refer to the City Zoning Ordinance (Appendix A of the City Code) Articles 1, 9, and 22, for regulations applicable to the B-4K Historic Kempsville Area Mixed Use District and the Historic Kempsville Area Overlay District. Pages 53 through 111 - Deletion of all text after the paragraph being added. Deleted content consists of the draft ordinances mentioned in the paragraph being added. Pages 113 through 145 - Renumber as pages 54 through 87 Addition of pages 88 through 92 as "Appendix 5- Acknowledgements and References." CITY OF VIRGINIA BEACH / Amendment - Historic Kempsville Area P1an Agenda Item" 10 Page 3 1 AN ORDINANCE TO AMEND THE HISTORIC 2 KEMPSVILLE AREA MASTER PLAN BY 3 DELETING APPENDIX 3 AND REVISING 4 THE TEXT OF THE PLAN PERTAINING TO 5 DRIVE-THROUGH FACILITIES 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 WHEREAS, the Historic Kempsville Area Master Plan was adopted by City 11 Council on January 24, 2006; and 12 13 WHEREAS, Appendix 3 of the document is the recommendation for certain 14 ordinances to be adopted as part of the City Zoning Ordinance and those ordinances 15 were adopted by City Council; and 16 17 WHEREAS, the inclusion of Appendix 3 is no longer necessary in the Historic 18 Kempsville Area Master Plan; and 19 20 WHEREAS, the attached revisions to the Historic Kempsville Area Master Plan 21 Policy Document should be adopted; 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the Historic Kempsville Area Master Plan of the City of Virginia Beach be, 27 and hereby is, amended and reordained by the revision of the Historic Kempsville Area 28 Master Plan as shown on the attached document entitled "Revisions to January 24, 29 2006 Historic Kempsville Area Master Plan Document." Such document is made a part 30 hereof, having been exhibited to the City Council and is on file in the Department of 31 Planning. 32 33 COMMENT 34 35 The ordinance amends the Historic Kempsville Area Master Plan by deleting Appendix 3 36 that was adopted as City Zoning Ordinance Article 20 and revises other references to the deleted 37 Appendix. 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: Plann partment APPROVED AS TO LEGAL SUFFICI NCY: I' City Attorney's O ice CA12886 R-1/February 3, 2014 Revisions to January 24, 2006 Historic Kempsville Area Master Plan Document Below is a listing of the revisions to the Historic Kempsville Area Master Plan (adopted by City Council on January 24, 2006). The page(s) of the plan document referenced in each of the items listed below are provided after this page. • Plan Cover - replacement of graphic and replacement of "Draft" with "Adopted." • All Pages - revision of page footer, inserting "Area" in "Historic Kempsville Area Master Plan" and replacing "Draft" with "Adopted." • Page 8- under the `Floodplains' section, revision of last sentence to replace "minimum 1 foot elevation" with "minimum 2 foot elevation" and deletion of "and must carry flood insurance." Purpose of revisions is to ensure consistency of this section with the various amendments to the City Code pertaining to floodplains as adopted by the City Council on November 26, 2013. • Page 10 - under the `Architectural Landmarks and Styles' section, replacement of page number referencing Appendix 4 from 123 to 65. • Page 19 - under the `Issues' section, deletion of last sentence pertaining to `former mosquito control property,' as this issue is now resolved. • Page 25 - under'Land Use Concept' section, replacement of page number referencing Appendix 4 from 137 to 79. • Page 26 - under'Conceptual Village Plan by Quadrant' section, replacement of page numbers referencing Appendix 4 from `138 to 142' to '80 to 84.'. • Page 27 - under `Architectural Fabric' section, replacement of page number referencing Appendix 4 from 144 to 86. • Page 28 - under'Adoption of City Zoning Ordinance Amendments and Other Ordinances' section, deletion of "Copies of the proposed amendments and new ordinances are found in Appendix on page 35 to page 112" and addition of "City Council has adopted these amendments, and further information concerning these provisions is found in Appendix 3 on page 53." • Page 30 - in the last sentence, replacement of page number referencing Appendix 4 from 145 to 87. • Page 53 - Insertion of the following text at the top of the page: On January 24, 2006, City Council adopted the Historic Kempsville Area Master Plan, along with ordinances to amend the City Zoning Ordinance to atlow for implementation of the goals and recommendations of the Historic Kempsville Area Master Plan (Ordinances 2915 through 2917).The City Council also amended the Official Zoning Map by the designation and incorporation of the Historic Kempsville Area Overlay District, formally designating the area of Historic Kempsville for regulatory purposes as set forth in the City Zoning Ordinance. Please refer to the City Zoning Ordinance (Appendix A of the City Code) Articles 1, 9, and 22, for regulations applicable to the B-4K Historic Kempsville Area Mixed Use District and the Historic Kempsville Area Overlay District. Pages 53 through 111 - Deletion of all text after the paragraph being added. Deleted content consists of the draft ordinances mentioned in the paragraph being added. Pages 113 through 145 - Renumber as pages 54 through 87 Addition of pages 88 through 92 as "Appendix 5- Acknowledgements and References." HISTORIC MPSVILLE AREA M"TER PLAN Emily w'haley's Kempe's Landing Marv nomllw?m January 24 2006 Prepared by the City of Virginia Beach Department of Planning and WPL Landscape Architects Land Surveyors Civil Engineers Adopted by the City Council of the City of Virginia Beach, Virginia on January 24, 2006 as an Amendment to the Comprehensive Plan and benefits as wildlife habitat, nursery and spawning areas for aquaric animals and waterfowl, flood buffers, stormwater filtering, erosion control, and passive open space. Tidal wetlands are regulated under City ordinance from certain development activities. Nontidal wetlands are similarlyregulated under State law from certain developrnent activities. Both tidal and nantidal wetlands are further regulated under federal law from certain development activities. Resource Protection Areas Resource protection areas as identified in the Commonwealth's Chesapeake Bay Preservation Act are located adjoining the Eastem Branch of the Elizabeth River and the Fox Run Canat extending east from the river. These areas are that eomponent of a Chesapeake Bay Preservation Area comprised of lands adjacent to waterbodies with perennial flow which have an intrinsic water quality value due to the eco3ogical and biological processes they perform, or due to their sensitivity to adverse impacts which mayresult in significant degadation to the quality of state waters. Resource protection areas aze regulated under City ordinance from certain development activities. Floodplains The Historic Kempsville area is located near the headwaters of an extensive riverine floodplain adjoining the Eastetn Branch of the Elizabeth River, rurming westward into the City of Norfolk. These floodplains are important areas for buffering flooding primarily from tidal storm events such as Northeasters and hurricanes. While the City Code does not prohibit development from the floodplains in this part af the City, it is desirable to voluntarily restrict development from the floodplain if at all possible to protect private property interests. Developraent located within the 100 year floodplain must have a minimum 4-2 foot elevation above the flood level for all habitabie spaces, . Tree Canopy The tree canopy in the Historic Kempsville area is dominated by willow oak, red oak, swamp chestnut oak, red maple, sweet gum, and loblolly pine. The presence of a tree canopy in the area provides a setting that is unmatched by nnany other more highly developed areas in the City, and helps give the area a distinctive setting. This mix of native trees has withstood intense development pressures as well as nam-al threats such as storms and drought over the last fifty years and thrived. Accordingly, it provides a fine example of the kind of urban tree canopy that may be desirabie to expand upon in conjunction with future new development and redevelopment activity, as it has proven its tolerance tn manmade and natural stresses. Historie Kemluville A.rea Master Plau ADOPTED D Jauutuy 24, 2006 Fox Run Canal The Fox Run Canal crossing at Kempsville Road provides a physical gateway feature to the area from the south. This manmade though naturalized feature helps travelers experience a sense of arrival when entering the area from the south that should be emphasized to a greater extent. Planned physical improvements to the crossing to facilitate the planned transportation project afford an opportunity to further accentuate this feature in the fabric of the area, through the use of carefully coordinated aesthetic treatments of the road. Land uses in the vicinity are primarily suburban single family residential and institutional to the south, and light office, commercial and institutional to the north. The Fox Run Canal crossing adjoins additional public properties that afford an opportunity to enhance this gateway. Eastern Branch Elizabeth River The Eastern Branch of the Elizabeth River crossing at Princess Anne Road forms the strongest natural landmark feature in the area; one that is sadly obstructed and largely unnoticed by many who regularly travel this corridor. Travelers could experience a strong sense of arrival or departure when crossing this area that will be greatly enhanced through aesthetic treatment of the road crossing in conjunction with the planned intersection transportation improvement project. This area was also the immediate vicinity of the original river wharf and landing. Land uses in the vicinity are primarily suburban single family residential and commercial to the west, and light office and institutional to the east. The river crossing and the planned redesign of the Lord Dunmore Drive intersection affords an opportunity to enhance the existing natural gateway features in the area. Architectural Landmarks and Styles The remaining structures in the Historic Kempsville area provide a glimpse into the scale and locations of structures that probably existed in Kempsville in earlier times. While not a center of great wealth, the area was probably home to residents of poor to modest means, and reflected the colonial architecture prevalent throughout eastern Tidewater Virginia. This style has proven timeless and is recognized today as affording the area the best opportunity to recreate a unique sense of place as it undergoes further development and redevelopment. The following structures, roadway information and vistas help to describe how the vision for the area can build upon the best elements and framework of the past. A map showing the locations of the historic structures and sites located in the Historic Kempsville area is found in Appendix 4 on page 4723 65. Carraway House The Carraway House is one of the few remaining eighteenth century frame dwellings in the City, providing one of few examples of a middle class residence of the era. James Carraway acquired the Historic Kempsville At•ea Master Plau ADOPTED D Jannai,ry 24,2006 10 recommended in the Plan. Property consolidations would allow assemblage of larger parcels to help promote new development and redevelopment with shared interior parking amenities, so long as traffic volumes do not exceed roadway design criteria for the quadrant. Conflicts The planned intersection improvement project will not include major relocation of existing utilities in the quadrant, as these are not necessary for the intersection project and funds are not allocated for this purpose. Accordingly, future redevelopment as envisioned in the plan will need to be designed to either incorporate utility relocations as a cost of accommodating new development, or to avoid adverse conflicts with existing utilities by utilizing these areas for non-structural purposes, such as open space, plazas, common areas or parking. The planned intersection improvement project does call for the planned relocation of existing utilities underground in the vicinity of the planned village green, in keeping with the recommendations of the Historic Kempsville Plan. Additionally, planned roadway locations are not proposed to deviate from existing utility alignments to any great extent or to adversely affect new development or redevelopment opportunities. Issues Potential redevelopment of the former ballfields site as a village green is being coordinated with stormwater management facilities required for the planned intersection improvement project. The village green should be designed to incorporate this feature as an amenity, with a bulkheaded shoreline, to better reflect the historic setting of the area as a port and to support the concept of the village green as an urban open space area. Southwest Quadrant The Southwest Quadrant is bounded by relocated Princess Anne Road on the north, relocated Kempsville Road on the east, Fox Hill Canal on the south, and the Eastern Branch of the Elizabeth River on the west. Opportunities Land uses in the quadrant are currently a mix of professional offices and the Kemps Landing School building, currently being used as the SECEP school site. The planned road improvements will provide a new public service road connecting the quadrant to Princess Anne Road at a planned signalized intersection. This connection will additionally link to a relocated Lord Dunmore Drive to Histoi•ic Kempsville Ai•eR Mastei• Plan ADOPTED D? Jaunaiy 24,2006 19 THE PLAN This section of the plan sets forth the land use, village form, and conceptual plan for the Historic Kempsville area. Land Use Concept The plan that has been developed for the Historic Kempsville area significantly alters and reshapes the land use concept for the area, moving from the suburban pattern that has dominated the area since the post World War II boom through the 1970s, and the subsequent decline of the area, and instead superimposes a land use concept that will strengthen the sense of community and village form in the area. The recommended land use concept suggests that a more dense pattern of development, dominated by mixed uses which allow for both residential and nonresidential uses within the same building or goups of buildings, would help to reintroduce a sense of interest, pedestrian character, and excitement to the area. Mixed uses are clustered near the intersection, with buffers and less intense land uses arrayed out form the intersection and adjoining surrounding subdivisions that comprise the larger community. A map that depicts the recommended land use concept for the area is found in Appendix 4 on page 4-3-7 79. Village Form As the historic heart of the community has long been the northeast quadrant of the area, the recommended village form locates the village core here, as well. The northeast quadrant, dominated by the fire and rescue station and Yoder Dairy, form the service core for the recommended plan. The southwest quadrant is seen primarily as an area of mixed residential and nonresidential uses, with the inclusion of a potential water access zone adjoining the Eastern Branch of the Elizabeth River. The southwest quadrant is also seen primarily as an area of mixed residential and nonresidential uses, but dominated more by residential uses, and including the village green on the former ballfields site. A map that depicts the recommended village form for the area is found in Appendix 4 on page 135. Conceptual Village Plan by Quadrant The conceptual village plan incorporating the land use concept and village form described above envisions an area with the character reminiscent of other traditional villages with a colonial character and scale of development, such as Merchants Square in Colonial Williamsburg, the current New Town project in James City County, Port Warwick in Newport News, or Riverwalk Landing in Yorktown. As has been noted earlier for other elements, each of the quadrants of the proposed intersection exhibits conceptual village features specific to itself that collectively help define the Historie Kempsville Ai•ea Master Plau ADOPTED D JRnuar,y 24,2006 25 whole as a special area. Drawings that illustrate the conceptual village plan for the Historic Kempsville area are found in Appendix 4 from page 4-38 80 to page 4-42 84. Northeast Quadrant The northeast quadrant envisions a medical emphasis, with locations for professional offices and support facilities and institutions, anchored by an expanded fire, rescue and emergency services site with improved access to both Princess Anne Road and South Witchduck Road. The quadrant is also the location of a proposed assisted living center, and the site of a recommended pedestrian bridge to be developed in association with private development as an eastern gateway to the Historic Kempsville area. Southeast Quadrant The southeast quadrant envisions a more residential and public open space concept, with the village green serving as one of the focal points for the entire village. Mixed use structures including both residential and nonresidential uses front the green and Princess Anne Road with interior parking, lending a more pedestrian oriented design to the area. Southwest Quadrant The southwest quadrant is designed as a true mixed use area, with both residential and nonresidential uses clustered around the road frontage, with proposed structured parking hidden from view. Buffers to the Fox Hill Canal and Fairfield neighborhood are incorporated into the suggested pattem of development. A waterfront access and interpretive area about the history of Kempsville is located on the Eastern Branch of the Elizabeth River. Adaptive reuse of the old Kempsville High School for mixed use is recommended. Northwest Quadrant The northwest quadrant is designed to highlight the existing institutional and historic structures through assemblage of other parcels into new building blocks with interior parking and mixed uses. Additional residential and nonresidential development is suggested long the Eastern Branch of the Elizabeth Rfiver waterfront. Historic Kempsville Area Master Plaii ADOPTED DRA44 JannRiy 24,2006 26 Pedestrian Circulation Pedestrian circulation is a critical element of the proposed conceptual plan for Historic Kempsville. A hierarchy of pedestrian paths is envisioned. A drawing that illustrates the pedestrian circulation concept for the Historic Kempsville area is found in Appendix 4 on page 443 85. Internal paths are the backbone of circulation within each of the intersection's quadrants. Widened sidewalks with intersection crosswalks and nodes provide linkages between the quadrants. Neighborhood connectors provide linkages from the Historic Kempsville area to adjoining neighborhoods. Shared use paths also link the Historic Kempsville area to other destinations in the City, as reflected in the adopted Bikeways and Trails Plan. Infrastructure Elements and Street Furniture A key element envisioned for the Historic Kempsville area is the integration of infrastructure elements, including traffic signs, light poles, traffic signal poles, crosswalks pavement treahnent, transit stops, street signs, benches, trash receptacles, bike racks, bike lockers, and other elements are incorporated into the fabric of the area through conscious design decision e making. This translates into ensuring that uniform standards for these elements are established and adhered to during the Plan's implementation phases. In particular, it is recommended that transit stops within the Historic Kempsville area be integrated into the overall design of the area and include appropriate shelters for pedestrians that blend with the architectural fabric of the area. This work is identified as a component of the Urban Design Element identified on page 29 of the Plan as a future action item. This descriptive information will require coordination with other City and regional parties, including Hampton Roads Transit, the City's Public Works Department, and others. Architectural Fabric As noted throughout the document, the importance of the architectural design to establishing the Historic Kempsville area as unique is central to the ultimate implementation of the plan. A photo collage of structures, streetscapes, and design features that reflect the character envisioned for the Historic Kempsville area is found in Appendix 4 on page 4-44 86. Architectural design guidelines found in Appendix 1 on page 33 to page 43 are intended to reinforce this essential planning element. Historic Kenipsville Ai•ea Master Plan ADOPTED D? Janiiaiy 24,2006 27 RECOMMENDATIONS / FUTURE ACTION ITEMS This section of the Plan sets forth specific recommendations and action items to help implement the Historic Kempsville Area Plan. Recommendations constitute those elements that are identified within and constitute the body of the Plan document itself, or supporting documents that are incorporated within the body of the Plan and intended for adoption in conjunction with the Plan. Future action items constitute those elements that are identified in the Plan document as requiring further work following adoption of the Plan. Once these future action items have been completed, it is recommended that they be incorporated into the Historic Kempsville Area Master Plan through the plan amendment process. Recommendations The Plan recommendations are as follows: Adoption of Architectural Design Guidelines The architectural design guidelines are intended to apply to all new development or redevelopment projects undertaken in the Historic Kempsville area as defined in the plan. A copy of the proposed guidelines is found in Appendix 1 on page 33 to page 43. Adoption of Recommended Vegetation Lists The recommended vegetation lists are intended to apply to all new development or redevelopment projects undertaken in the Historic Kempsville area as defined in the plan. A copy of the proposed lists is found in Appendix 2 on page 45 to page 51. Adoption of City Zoning Ordinance Amendments and Other Ordinances The recommended City Zoning Ordinance amendments and other ordnances are intended to ensure compliance with the plan and promote its implementation within the Historic Kempsville area. 4-?.? Citv Council has adonted these amendments and further information concernin these provisions is found in Appendix 3 on page 53 Historic Kempsville Areti Master Plan ADOPTED DRA44 Januaiy 24,2006 28 required for the planned intersection improvement project, afford a unique opportunity to initiate new development and redevelopment of the area, in accordance with the recommendations set forth in this Plan. A map identifying the general extent of these properties in the Historic Kempsville area is found in Appendix 4 on page 445 87. Histoi•ic Kenipsville Area iVlastei• Plan ADOPTED D Jaunary 24,2006 30 APPENDIX 3 CITY ZONING ORDINANCE AMENDMENTS AND OTHER ORDINANCES On Januarv 24, 2006, Citv Council ado ted the Historic Kemnsville Area Master Plan, alon with amendments to the Citv Zoning Ordinance to allow for implementation of the izoals and recommendations of the Historic Kempsville Area Master PlanThese amendments set forth provisions in Section 102 Article 9 and Article 20 of the Citv Zoning Ordinance The Ci Council also amended the Official Zoniniz Map by the designation and incorporation of the Historic Kempsville Area Overlav District formall desi ating the area for Historic Kempsville for regulatorv purposes as set forth in the Ci Zoning Ordinance Please refer to these sections of the Cit Code for ordinances and re lato r uirements as relate to the Historic Kem sville Area. ? 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II7 ,V, ArL.T' !- zTSe-1 A t: tzas?a??i $ 4 K ' rT 65 ---?. , 8-6- ? , -- 8-7' -, 414v, COMM 8°8' B,4-; „va d Use BT _ l l I ? 9-0' l ? - - - - e -t-?ed vided ??? 9x axzzrtiao2 r- ?,.r-h--v , ? r?Prta i n i nrr t,, 9n.n _ E ?'?--Lti'YtC t+S g{T si.. .. i ? he ae-s ed--rr, t-1 l ?- 5?.?, C )-& , es) ?61 t#e-r.omE.ns •h,• .i... ..a„_biE'9ze*ing-di&ftieL I$-? ±B3 3-9+ i4s 3:-A{r -4- ?'8? 5-S 9 1 V / ? - ? / 1 ?/ p 1#wya.l ?+?w - nii ? -_ baffezing. ?+ 4 -- -- }' ? B uiqj-e e*---te--tre---?ree,+Y??„ r s uf . 2863 of--t+f;-S er=6in,anee--6?:fne n9ienet}--anr}-cHrPx-?rq?reme???-re?--tts?s--eracr 1-1-2 Strc!}6 t-urE6 leea te d 6d? thi33 tj}°r-T:.:?sc9-re---FcE4Ck}95 o ri rc-ir?c a ^ ' H'3 ? (a- , --- ' - ?at PaEgeed e?qh*een th.. ? perxti-t-tee?-???? a ilet ? ..,Y,. }sthe-I -e-sse?-c+?-- ++-9 a _T63-149--r2 i3 Er-d i strii ? in wilf,it r1 gi _ 1 i ?-?-2 duplemes; -at-?e1red--diae1-1 ? ae;cFt*:eei aa a ry0n.a; ? t2iOll ay interve ['17 ?'If f ?? lf i ? F r¦ a ? 1T9 *Qet }Fi LJl f?ti'1 F' ZL € ettitCC4 - r?-cG'Ti? eel B=C .7riQSS f7C It5 i 0?} le C l-ine5--"3 dl fl i r1 i n gr ..t : t `' i V iZ-'6 1and5eape ••e@-f3-2iTa-sical:i 1 O'ett ±-z-'7 1 L ? (e)--The reer-rr?-re?r?res ?i t=? ; r, ,-..?, o , •,.? . $4???e? Hse ina?a? ? -5- ?' ' 06 1-3-2 4-3-3 4im-na-murd-a-flawn' ? , densib- d 146 - Mixed Use • 1-3-8 CA=4$3-8 ? 44-1 eCetither ? 2805 1-4-2 +43 14+ 3-45 . '?. ? ? 4? ui c-ncrrc 6 69 ' -}. H-IS????'-"?c?'Pg??TTT '?' j}?-STR-T('T T*TU PC2'r- T4 -?- -8- "HEREAS, c} ?,,,a ,,d geniag ^EZe-tie" -- . . ? ..e<....., v1R^T,.a'•izr: 1Z ±-3 3rftVftIG'l E] .t i - --- , 1-4 See. 102. O:e i-J 1-6 t.kis c=lJiR aRse, the1:e11Aia; „n a• ?- } L t,-t anrl a ra ha y z? -aj!- rahv 1; ctoH ;„ ,..,ae,,. F 6ffi t ? -----i`.._.. M65 -rP9t-rlet4gete g-L .. ? (-1-)-- QEaa2:r-5=3-t4E33 p?stnn3 E t T h e?-.rCgCrb ft-t-?l, L L l l ?3 ? 68-9 3 s t--9f: j 1--1 -- Lvat iJI.7ZTS?, 22 (-2)----A Q?3-E?? ? A ija.t r a r r r-ire --?} 2-5 s ha3-l-- eetrsi-s-t-uf: N A r i -- - Ayriut - 2-?5 r•z"ST'rYC'E -2'G ( m-7 ' - -r- 64 janmwy 24, 20 Z? ° 4^ n--' - v"-RCSS?,1 ? 2-4 n-3n _ l.1G11 .?L+L 134 n L? nQ n .. _ _=?, i 1 \ [? J 1 1 lucti l. ? +3 ^ 'J-4 ?1 Gi 1 U 1.TC==R_c"?-ei, - - i a l uiSC.T1?? ? 2.5 3-a ?urcm'crr?-????i?''?' r-•a sha i j 3-9 e-f-; 4-6 Pr-12'-Apartnrcn??;-?- t 7'7 A 18 Apart $-? n- 2.--? °-??-?te? 4-3 4-4 z 5 -L 1 J lLZZ?? T6 T-O' C c __ - 'f 7 7?' ( " + e•f- ? rs1?a. ?T iQ? TI7 ?aai l?? L?l January q-, "V'L ? B i 7 v v u D u ? ? $ 2l'r?mmua??? co irn.-?rr-cr3-??Yt.°'£ T 4JZTI ? n ?z?-reml? ? ? ? ks? as nt uu?tticJ 54' B ^ A44tiro 1 i Ll J L1ZT?t ? l177ST?Q RO C-b'?v-cyZ.se. fro ??r? c. 1 1 LI llg:i J ?7'Z _---?-?. +..vu.,a?ital L1JZ 6+ y-"-t r vaa?i?-L-V?; r&Z ? 1 T +i??i 1' _ - ' 7 aiuu? - ET-3 T Tie.. ) ?aiuu? ?.rl ? frL ' ? F? i-st-t nd r t1a ?- ? Ptalill ? l S=?Z-STL ? 1 7 1 ? 1 1 ? ? ? L u 1 Q l??-? ?(Y?,i.}S ?,e ?? E 'GTt(?? ? ? tr1 ?Q'132-D'Y't? 1 1 I 1?--a. l t 4-2- c h ,e-7?-?@?q"°`Y'S`'??i : -a Histr.ri..-Tr?.?- Y ? saa... i IH janUM7441 -?'& nm z no- t ioui_ _ = r ,- ?z?e?--?e-? ? e fl?--;Tr e-s-??a?tP?a ?. ? • , Sfr Gver lay ? -83 ilitts tration , E-? ?J eFi--?t h a.-n f F ' ?. - - - -- _ • - '8'6 -3-8 i ? B'9- r sP 9-1 .7`G 4"?' 9¢ 7J . , 7 !' 7 O ? 64- ;ftlvuary ? ? ( v ? 1 V U -=n-+z--es r;xec La.---A? Stet-?-Si J11Gt11 ?C pr"pe 1V4' eommun Tc---?rr„-, a 1 ,, ? e931?b?Fg' ? Bfr ? 3-1-A 1-H ? ? , . ? Ai / . ? IeA--9-8? -R 2 . '1J' ,6-5 janurdJ 24) 2"?eV 1 v.i?aaL1J1111V17 2 I , ZMAT* 3 REOtTIF ? , 4- ' , -?s - -G REE3NTTa-T'''t?TTS t 11L L Y ZL yMP VI-LLa g r • ? , - 96i, 962, r ? ?. 91015- 1-47 PfifEREAS, i ? 1-5' ; -1-G , THEREFORE, ? 1-8 ' , , , . 1-9 -2.6, _ _ r _ = l ? ? ? ? ? -2-7 T?"8 ?r purpese ? 3"3" per.L 156 January 24, -3-4- n . -3-5 Dist-rict ele -3-G 3? . , 38 t ' , 3?} 4-1 -4-a ettitttrai , COX 43 ' 4? It5 46 ? ?46 ? -5t eriented, ttr-ban- / ? etrttettit, . s?3 husimess, , 54 , ,5-5 ? 5'4 -2' PTF&HDPAW •? ?? 5-8 Mast . 6-9 3 `t-i- t -6-5 -6-? - , 6,4 fr? seetieta. fs9 f-9 ? T6 7'f 9`?? -73 IF* e-?-r-es4(4enti-a!--de9. ? 'tT TS - 8'b ?- t.r.sm_ w1?1i n? Historic ? a1at. (L?,7ZG1'Z'1an D ILIPCAJ" jan rary24-, " 8-2- west, 8tt I3eve?eigtrtetrr: hait4A-m--t4je-- B-4 E--E??r, ?-=-a i--?,fs.i n.?a q 9?eP?? ? B-5 A r- ea && 3??^vxzsxxs9-T@6??E'ftt?i3?--?}BkF1Ae?,? 11L Y? $9 wede$--s€ ..... _ ? . ?r ?R-trvn--?iis?f?r---? -delit e 3--crc?i e; e33? ?L-fl 9$ fni3f e€--tesid?ntia.l &?.? - tises 4 nite same 12 ? :.1 ..c =a-=c-&-verl&rA i 1 b b .,. i +- _ •, ?- r. JY ?I?t(i111113ff- l 1 1_ L r 1- 2ZTC, Tlrdar Rtt2j ^ l ]u I ? `Z'}'lP-i'I'-l3Gi ic zast; -a}}??-N 9'G _ "`" the _ ? ? ? ?] T T ?B i i-9? v- - I e ?l?ea , tt7? ?63 1re A4i*ed TT T' aan„7 _Ll• L its • - bomidaries.. ? -?- '6j ?, i-8'& sec. . , t0l3' ?ro ( e ) r.c i ilc--- -- ? C032C'?'t't".'r0?l2't'?"tl:g eT'-1S2C--fflj:jAjfj:33q Ghce liet•s--thege t}ses--permit-ted wi-t?irr-? e?- I $ 4 -?i-? es f?A4reet-e; ttv -a--D-E:'L--iFses - and- ?fr r ? ? ?Ise. - - - - - - Mft ??c????---0a ? ? ? - - ? - - previel , . M5jL -ed, bu t t'di-rrc1s , eel 1 ?crnras-, assembiy , - re?ia?-?rae?Its:as S7P'?F?Y4l ?fAiaRlSa r,.? ?....a....,.. . 'J' -7-6- v , GI.TC' ? _ ' the }ir° L'rvviu ' cu AtItocLIUJbz-ke ' ; - where tirereis an 'aelj ein'9 _ l- --i -- etyltT hitclIt aen t ) Where ,;t f' , fatego-ry 3V autefnelg-i-l-e --,-,-; --.-s? adj me en t! r-esidentieti ?44?-Ser-i-ct--vr &PftrhtLem dictr-jsz -aaEl? F=-9)-f ec t-vr-zre .d+gt.Y'rct oT alg="r- -""'r=== ar-.r=-r--+-?-t '.6- fTr j8nuva7 247, V V US, e B-- , g- r-? O, rf eC ? - aTid _ __r_,...?, _, Y c'a z. `ccu= s ?23E8 3'IlI7S _ ?L Shatil i i E Et i'l1TloPY arefl rcsr`c.zsi - _ l. Be3t ??'. es a..dy c-__?.? ?? - Ao t-, L.l :zcr?c-azi, 1, • ? _ ? Bel-row-pi-t-$ '7' ?..1 ? 9 " !G K t J yardco and bui-ldYng seLe`s yerelm, provi i _ 7 ? ed m processi23g a scrap,' ?d L 7 L 7 L yards, and, ?.1 .?4.. T ? °-`r__---i Openings :h ingiee89?Bnd" , iin height V'CCS'tToR13? .-.ot i-volve c ?e_ _t - ?'r'VL ?1'ic? @ e? facilih*eS Busine-ge offices ?l ? CS2'ISSGg?3' i? -- ' s ? ?istsric4kffl" . ? .._.? ALD9-DRAYT ? 3?tasr??AA6 ?ar--eo?s?r , - ? ? ?z'v-wuccr r_=du..ed b RQF. 4 tL_ he permitt-!d t_ f :?I upen--a? dmarin-cTcreras n„hl ; 0 &+.r..,.t,. : a,., ., i ,_ aeljaeeT` ta------ -.......? i . . ? r__r_.?...?, thrE°c "-Z 3j r_ -1 eine'i1 e _L l . 1R:L S 1-- Y--°°-_ l-l c - ea+°i4 eaT--w&sri ? _'!"t? . -stlft r+? -M i11.- r_'_ ' f'8 Cl±'1'ty ehi ? E eh: i a ettre ? ed».......ta ..... ...-crrcZZL eLu_ public -9 ? ? ?f V V -Use C-emmert-ia1 ?d sterag ; nr?-1 iiri? : . s ?????.?wa?. u i W c . G?Oli . ? de t a i ??"'? t.Loll?'_ ? ?t' ""__ ?l ....vavse E!omkXter%-ja-} I'ecrLbmtiox VhGILl i._-_ -r DortrtiT ? ` ?, L'ilot BT ttgs t8ies / ? IA?11?.?...j .?.. ? _...?vNs-crr Dt1_A,- .i...il.m re_l ? - -- - o?t c-_ _ tL_ ? d_ _ --_ th ...ttt?}7 u ftft r .7 ia - la ail_ a _ n v n...,. l ? . -------"7er n t.• "'erca?"-:ccc - 1411y y Y - ??5 jan mry724-, ? e ? Whcrr-not -?atag- e3eepts , ???se Y F_ _l iL R!??Rt i vaa ?Hating 2iild ? ._. i_tL J ? ' threttgh / aF#"fla? ? - ? _ -r-----i.-?+ ++c.?vw Hat3Flg-3i2l? 9 t _ti.i ,.L . ?t? ?i.e? ? -' o i r r vw !?1 t et1 1 i 1 - wherrie ?.lc? ?L_l •L 1. 2°7e ?..? ?? ? ? __ -? --- -.?vv Ya?.. ?i?? • .??' L??^ T? ` _ ? ? ...? ? 2. Th establiShutell t :i7s le ..t..d wj-th_tm r_---v c ?^ T'--QI2L??-C---' t .i ZLY (-509)-Teet--o?€? res-; di..,, r ; . ? &YaT tLttMIt i_ _ ? 7? ----_?.> , ±'i' -76 ian 'Lary a4-,&")Oo Ehx aT;,,? ag er r==""-de_ ? ----_= -___-: e_.,, , ?? pL-epertry • }? ,fae?i i t i-e-s v.. F3fiamc i-cr- t71Sttt_`_-_ ?, pr9 6"idEa-, C? iV2-cix=9} r ne al=e;rea?n Iche T lr- _n-rr=-ra-.? ., g?.1 _ ? ????v? L1. ? sheps-arid _ stationery F . usehold li l rm et2m . 3--9- ? i ??-?fi - ?--- -?Fse 8 - l - -K-- te?- a carrven3-esee bot h- freestaa? a??c'?zir-n -S thcasand i ) square feet Greeery at^ -- --? ' - CorrveiiienLq-w not ' but: I1T cl 0f i39l= lE93-cnun F. thousan , f'("Et' , stores -?? wL: _L r le er-4re3-CL l1. tL_ , theuSftnd squai-e-fee-t liame l-3 ?$ jan tary ' Housimg--€-ar 'jz'-ftartdi cappe d, includ-i=9 e5nv-e^cl eiJG?eirc --vr tttt?!!?`% FS4a1"° ' r-. 1... I i r.w;ia eare ;andeL- ? ??i? ?w ? ----_- __..,. ...,..?ed feet; provided, h , ? ? - TTnt-l., - ....?., --.,,,..? ? 79- january 24,20 €3s? ]:,- dm h ,dg ± isi- i ng tp- -uTri-t -and e gh t, vruvidled a ?--- --' 9n tw l '- +- -?--'- e--i1t enty d ± r?--.i ; 122d ( 9L°?rrcczi-?= Y'Cd t2o) o g n g m4A±tz?--per . . cx,-; le r e , t--a-r th ea e --rt _i'r-be h ' fe-e tlae t ; -, i'av e"c , _ro 1 by-- ? ? 9 E et Et' i9 L tO SL2vi(J:j A f-er--t}? ?epa. . ,preethetie 4ev4ees- Liefder a i rFra s; _i .7.....t_i _rr j ., r7 ^. l: nrt..? ..Ler_`' _ l4 1 .> V V jgwuffl? 24? ? f?s?e - - - - - - Saiez. , - twentY" thOusand sefdare . Plovided a--b-?-tr?i?-an-c? ?-}:i ? shatil: , i enelesed s wholly i L build'?? mttsetMM ??gap'er cuiu i.vm[c?'CZZ!"'1 r ?? 'i'f3' 4-1" january ,22, , st? s e e ? ?a? fer any uses w} ?hin-the=a $ 3A-er-a-4-c- e? -?- sell }11g let `a any-e£ `-?? ?hr-e e?44- a, .. t.,.:., t,. , 'qi e- : ..7...] -, l q thefeli-awin f°°t - ?Qi- S`: ..:cc4its f paq.=kinq fBPii3 tzE 9si ftf., te tti l..h i .. i ??u thed}striet ??hin F g ei-5 ui-= . F in iahieh-laeated TbTA'f-€ gl t{ pa-r? f aeil}t}e9? ne ,.. d wi 6aE t:ivasciael hr??dr-ed-(}-,5e feet €r-sm the they -ar-einte te-serre, bttt .-.1. Fa..; l : t.. l .. t...7 eppesi -----r _"d.."..e D.. , l r.7 anle g:F'^ de sepa-t? ge?es?i??? ae? ?-e--??c}6=?Eled ; -(- ; ? ..w• f rv_ 8) -usC nded in L. y., ' ss ? ? ? ii2m- jannary 24, RKWi- Wse 38 -$3 1 -E? - - - - F`ztsserrgcr ternrizzais PEts P- tikstxd-£vr co??r3. Pik1T M F? 1 T PE? f9?? ?- ?- __ _?...Iti ?...uu....z-sc-o- C??-'ii-r - -r'?? ?- _ _'rr?_ ..??....? ?rcv Persenal SPd L C?L C=l1ZZ rental? 1]? iv+-d ? '..3 ? ---'-??? ? C'?'Ci?ftt05?1'YQ? C}ubS 3z? i k? 7 i L- ' ?.7 : - -? _.. ?.,?z-sar? Piiblie ? ' iMStallatiOlls substativrrs r?ak-? e ?iv ?vr?cr ?ttr'F_?r rr-i? n? r1'. , _ av ? - - : t-l-er- ? ? "G individami L? _ _ ?_ ?lM ? ?r L _ _ _.?lea ?L -6T1TS lT?TI' surreunded sereen eieeept for eie4-ts ; --arn} pr-evided trcansfermer ..u"lt- r-- lri '- - cFx ?-l-i. ±y eat'C gOry f sereenitig, Eii(lsfipt for _ -7 `.' na , , '.?.? P . ?-?er iftairitenaftee '-f'-stai l'cti vrr f ^. ? and n------ - -? affmsement 9 t3'ed9C'1°'-SY'BitiT °:... iv?-c?O3TT[ bas± Jareb* ide d Tiia t, t-hli- aai r - ' - s ? - &, jir *e- OJ ? ef- s gr ., r ,. ? ehar-a a el j ? e ??^?re r__r- P_3E'eGp r-ldin aT,d met?s i er- FeF ai f?or, ra televi tteh- er... ... a .. eter-? eii-t ,^? ?...i...: , tthat g deadenties ....' - -' c-al}:;::?ed-a L _'_" , r- and sares- dit-i CLIZ _' i othei, applia .. , , ic'¢....?L'_ L?TSII Retai? f... taL, l ?thet- 1:_?_? ?? Cf?i'llY"i -_r___ 1-A2liid 3nai4a s en hetisehwlcl mees _ ? b.. 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WHERE AS I!J , te ' y -- et =ee- Be --? eqt??e? $ ' TnrT .rT AF V $?''iAE H? vTnn., : t7t i ? ? t'4 ? z6 ? ? ? kt -;rJ `6 1'Z4 24 24 -9-6. -3-1- 3+ 3-5- --+iaj' 09 , z " n I . E!A 984'fl BEf'2wilgPt L1 , Ze'gS ' c n F? ?-a iV7 , -?- -?- -3-- .4- ? -?r -fr ' , ? (the -5- ?-6 ? c emp a er an H9. , ? NO W , ' 1-4 . ? ,-;?- . ?$ rFemprehe ms +ue . 1-9- 44"0' Bet-elMbeT . , ? ? -2- z? . C-A-98-i?$ iit7-t . BPe , ??- ? J ? i ? / ? ?}?- nary , OXOP APPENDIX 5 ACKNOWLEDGMENTS AND REFERENCES Acknowledgments The following individuals served as participants in the Kempsville Center Strategy Group from the fall of 2002 throua the fall of 2005. Their input and advice were central to the development of the recommendations set forth in the Historic Kempsville Area Master Plan. Individuals indicated with a " * " served as the most regular attending members of the group. Peter Abraham Alma Anderson John Baldwin * Lome Bonney Wanda Brooks Dann?.ryant * Marion Buddo Hunter Clarke * Daniel Davis Frank Demasi Beth DrLlie Rex Fitch Charles Fletcher Rick Gregor David Grochmal Brooks Harris Pamela Ibanez * Allen Loree Tonv Lowerv Stephen Mannix * Steve Mansfield Richard Matthews Matt Maxwell Glenn McClanan * Louis McKinney Doug McLiverty * Ken Miller C",harles Parks Historic Kempsville Area Master Plan ADOPTED DPANT Jaunai,y 24,2006 89 Ellen Powell Elizabeth Predmore Todd Ratliff Jim Rose * Charlie Schindler * Catherine Schwartz Sarah Singer Earl Stanton * Jimmv Stocks * Kristv Svedburg Joan U-pton Jim Werbiskis * Catherine Wilson * Marti Womble * The following individuals from City agencies, State agencies, City elected officials, City appointed officials, and Private Consultants are acknowledged as having provided invaluable assistance in the preparation of this Plan. Without their particular assistance and on oin-9 participation, completion and subsequent adoption of the Historic Kempsville Area Master Plan would not have been possible. R. B. Alley Tony Arnold Irv Beard and Other Kempsville Elementarv School Staff Clav Bernick Dean Block Bob Bovette Travis Campbell Dale Castellow Faith Christie Tim Cole Anne Companion Bill Davenport Rnhert navis Jim DeBellis Ken Dierks Harry Diezel Will Dinn Barbara Duke Chuck Eastman Dan Edwards Historic Keinpsville Ai•ea Master Plan ADOPTED D Jaunai,y 24,2006 90 Margaret Eure Frank Fentress John Fowler Barry Frankenfield Bob Gev Louise Ha yes John Herzke Frank Hickman Mark Johnson Theron Knouse Jim Lawson Ty Lee Les Lillev Bill Macali Bill Mackev Robert Mandigo Betsy McBride Reba McClanan Bill Nash John Neal Larry Newcomb Tom Pauls Karen Prochilo Mark Reed Ron Ripley Carol Rizzio Chase Sargent Bob Scott Carolm Smith Jeannette Smith Brian Solis Jim Spore Steve Thompson Keith Thornton Tonv Tolentino Mike Wade Horace Welsh Bobbv Wheeler Stephen White Jack Whitnev Histoi•ic Kempsville Area Mastei• Plan ADOPTED D Jaunai;y 24, 2006 91 Perry Williams and Other Woodstock Elementary School Staff Peter Williams References The following documents and websites were utilized in the preparation of this plan: The American Vignola: A Guide to the Making of Classical Architecture with introductorv notes bv John Barrin on Bavley and Henrv Hope Reed and a new foreword by Arthur Ross. Author: Ware, William R. (William Robert), 1832-1915. Published: New York: Dover Publications, 1994. The VirQinia Beach Comvrehensive Plan The Virginia Beach Outdoors Plan The Virginia Beach Bikewavs and Trails Plan Martin Senour "Williamsburg" Exterior Paint Colors http://www.martinsenour.com/color collections/williamsburg. asp Sherwin Willians "Preservation Palette" Exterior Paint Colors http://www.sherwin-williams.com/do it vourself/paint colors/paint color alette/ color themes/classic/pdfs/Classic ext.pdf TAMKO Heritage Premium FiberQlass Shingle Color Series http://www.tamko.com/OurKevBrands/HERITAGELandingPage/tabid/ 108/ControlType/ categorvDisplay/itemid/22/D efault. aspx Historic Kenpsville Area Mastei• Plstn ADOPTED 0 JallllRl-y 24, 2006 92 Item #10 City of Virginia Beach - Comprehensive Plan Amendments Historic Kempsville Area Master Plan February 12, 2014 REGULAR An Ordinance to Amend the Historic Kempsville Master Plan by deleting Appendix 3 and revising the text of the plan pertaining to drive-through facilities. Below is a listing of the revisions to the Historic Kempsville Area Master Plan (adopted by City Council on January 24, 2006). The page(s) of the plan document referenced each of the items listed below are provided after this page. • Plan Cover - replacement of graphic and replacement of "Draft" with "Adopted." • All Pages - revision of page footer, inserting "Area" in "Historic Kempsville Area Master Plan" and replacing "Draft" with "Adopted." • Page 8- under the 'Floodplains' section, revision of last sentence to replace "minimum 1 foot elevation" with "minimum 2 foot elevation" and deletion of "and must carry flood insurance." Purpose of revisions is to ensure consistency of this section with the various amendments to the City Code pertaining to floodplains as adopted by the City Council on November 26, 2013. • Page 10 - under the 'Architectural Landmarks and Styles' section, replacement of page number referencing Appendix 4 from 123 to 65. • Page 19 - under the 'Issues' section, deletion of last sentence pertaining to 'former mosquito control property,' as this issue is now resolved. • Page 25 - under'Land Use Concept' section, replacement of page number referencing Appendix 4 from 137 to 79. • Page 26 - under'Conceptual Village Plan by Quadrant' section, replacement of page numbers referencing Appendix 4 from `138 to 142' to'80 to 84.' • Page 27 - under 'Architectural Fabric' section, replacement of page number referencing Appendix 4 from 144 to 86. • Page 28 - under 'Adoption of City Zoning Ordinance Amendments and Other Ordinances' section, deletion of "Copies of the proposed amendments and new ordinances are found in Appendix on page 35 to page 112" and addition of "City Council has adopted these amendments, and further information concerning these provisions is found in Appendix 3 on page 53." • Page 30 - in the last sentence, replacement of page number referencing Appendix 4 from 145 to 87. • Page 53 - Insertion of the following text at the top of the page: On January 24, 2006, City Council adopted the Historic Kempsville Area Master Plan, along with ordinances to amend the City Zoning Ordinance to allow for implementation of the goals and recommendations of the Historic Kempsville Area Master Plan (Ordinances 2915 through Item #10 City of Virginia Beach - Comprehensive Plan Amendments Historic Kempsville Area Master Plan Page 2 2917).The City Council also amended the Official Zoning Map by the designation and incorporation of the Historic Kempsville Area Overlay District, formally designating the area of Historic Kempsville for regulatory purposes as set forth in the City Zoning Ordinance. Please refer to the City Zoning Ordinance (Appendix A of the City Code) Articles 1, 9, and 22, for regulations applicable to the B-4K Historic Kempsville Area Mixed Use District and the Historic Kempsville Area Overlay District. • Pages 53 through 111- Deletion of all text after the paragraph being added. Deleted content consists of the draft ordinances mentioned in the paragraph being added. • Pages 113 through 145 - Renumber as pages 54 through 87 • Addition of pages 88 through 92 as "Appendix 5- Acknowledgements and References." A motion was made by Commissioner Hodgson and was seconded by Commissioner Horsley to approve item 10. AYE 10 NAY 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI RUSSO AYE THORNTON AYE WEINER AYE ABS 0 ABSENT 1 By a vote of 10-0, the Commission approved item 10. ABSENT Clay Bernick appeared before the Commission. Hu ?, S S'?'! r? . CITY OF VIRGINIA BEACH AGENDAITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend City Zoning Ordinance Section 901, Pertaining to Drugstores with Drive-Through Facilities in the B-4K Historic Kempsville Area Mixed-Used District, to Add Section 233.02, Pertaining to Standards for Drugstores with Drive-Through Facilities in the B-4K Historic Kempsville Area Mixed-Used District, and to Amend Section 2003, Pertaining to the Addition of Drive-Through Drugstore facilities as a Conditional Use in the B-4K Historic Kempsville Area Mixed-Used District. MEETING DATE: April 22, 2014 ¦ Background: The proposed amendments to the Zoning Ordinance are intended to provide adjustments to the zoning regulations applicable to the 13-4K Historic Kempsville Area Mixed Use District to assist in the creation of a mixed-use `village' as envisioned in the 2006 Historic Kempsville Area Master Plan. The primary purpose of the amendments is to allow drive-through facilities associated with a drugstore as a conditional use. On March 25, the City Council deferred this item at the request of staff. ¦ Considerations: The proposed amendments are part of a`package' of four items intended to update the Historic Kempsville Area Master Plan, close rights-of-way formerly part of Princess Anne Road and Kempsville Road, and allow a drive-through as part of a drugstore proposed for the City-owned parcel located at the northwest corner of the intersection of Princess Anne Road, Kempsville Road, and S. Witchduck Road. The four items are also associated with an agreement for the purchase of the City-owned parcel. The proposed amendments are presented and explained in the attached staff report. There was no opposition to the proposed amendments. ¦ Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-0-1, recommends approval of the amendments to the City Council. CITY OF VIRGINIA BEACH - HISTORIC KEMPSVILLE ZONING AMENDMENTS Page2of2 ¦ Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S k , v D5 February 12, 2014 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO SECTIONS 901 AND 2003 AND THE ADDITION OF SECTION 233.02 (B-4K HISTORIC KEMPSVILLE DISTRICT) REQUEST: An Ordinance to Amend the City Zoning Ordinance, Sections 901 Pertaining to Drugstores with Drive- Through Facilities in the 134K Historic Kempsville Area Mixed Use District, to Add Section 233.02 Pertaining to Standards for Drugstores with Drive-Through Facilities in the 13-41K Historic Kempsville Area Mixed Use District and to Amend Section 2003 Pertaining to the Addition of Drive-Through Drugstore Facilities as a Conditional Use in the 134K Historic Kempsville Area Mixed Use District. SUMMARY OF AMENDMENT The proposed amendments are intended to provide adjustments to the zoning regulations applicable to the B-4K Historic Kempsville Area Mixed Use District to assist in the creation of a mixed-use 'village' as envisioned in the 2006 Historic Kempsville Area Master Plan. The proposed amendments, if adopted, would provide for the following: • Section 901: Deletes the prohibition of drive-through windows in association with drugstores in the B-4K Historic Kempsville Area Mixed Use District. • Section 233.02: Adds standards to be met for a Conditional Use Permit for a drive-through associated with a drugstore in the 134K Historic Kempsville Area Mixed Use District. In sum, the standards will require that the drive-through be as inconspicuous as possible and not be visible or have any signs visible from a public right-of-way. The standards also provide a maximum size and placement for any canopy that is installed over the drive-through window. • Section 2003: Adds drive-through facilities associated with a drugstore to the list of allowed uses in the 6-4K Historic Kempsville Area Overlay District as a Conditional Use, as long as it complies with the provisions of Section 233.02. CITY OF VIRGINIA BEACH / Amendments to Zoning Ordinance (Historic Kempsville) Agenda Item' b5 Page 1 RECOMMENDATION The proposed amendments are recommended for approval. The amendments have been reviewed and positively received by the Historic Kempsville Citizen Advisory Committee (HK-CAC). It should be noted that not all of those who participate in the CAC are in favor of the proposed amendments. The amendments introduce to the B-4K Historic Kempsville Area Mixed Use District a new conditional use, a drive-through associated with a drugstore. Such a drive-through, if appropriately designed as part of a drugstore building that meets the design guidance of the HK Area Master Plan, will allow drugstores to provide traditional services while still contributing to the `village' character expressed in the Master Plan. CITY OF VIRGINIA BEACH / Amendments to Zoning Ordinance (Historic Kempsville) Agenda Item` D5 Page 2 1 AN ORDINANCE TO AMEND CITY ZONING ORDINANCE 2 SECTION 901, PERTAINING TO DRUGSTORES WITH 3 DRIVE-THROUGH FACILITIES IN THE B-4K HISTORIC 4 KEMPSVILLE AREA MIXED USE DISTRICT, TO ADD 5 SECTION 233.02, PERTAINING TO STANDARDS FOR 6 DRUGSTORES WITH DRIVE-THROUGH FACILITIES IN 7 THE B-4K HISTORIC KEMPSVILLE AREA MIXED USE 8 DISTRICT AND TO AMEND SECTION 2003, PERTAINING 9 TO THE ADDITION OF DRIVE-THROUGH DRUGSTORE 10 FACILITIES AS A CONDITIONAL USE IN THE B-4K 11 HISTORIC KEMPSVILLE AREA MIXED USE DISTRICT 12 13 Sections Amended: City Zoning Ordinance Sections 901 14 and 2003 15 Section Added: City Zoning Ordinance § 233.02 16 17 18 WHEREAS, the public necessity, convenience, general welfare and good zoning 19 practice so require; 20 21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA: 23 24 That Sections 901 and 2003 of the City Zoning Ordinance are hereby amended 25 and Section 233.02 is hereby added and reordained to read as follows: 26 27 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 28 ALL DISTRICTS 29 30 A. REGULATIONS RELATING TO LOTS,YARDS, HEIGHTS, OFF-STREET PARKING 31 AND OFF-STREET LOADING 32 33 .... 34 35 C. CONDITIONAL USES AND STRUCTURES 36 37 .... 38 39 Sec. 233.02. Druqstores with drive-throuqh facilities in the B-4K Historic 40 Kempsville Area Mixed Use District. 41 42 Drugstores with drive-throuqh fiacilities located in the B-4K District shall be 43 subiect to the following requirements: 44 45 (a) Drive-throuqh facilities shall be located on the same parcel as the 46 struc#ure within which the principal use for the drive-throuqh is located; 47 48 (b) Drive-throuqh facilities shall be located on the rear side of the buildinq, 49 facing the interior of the block or within the ground flaor of a parkinq structure, such that 50 the facilitv is not visib[e from a public riqht-of-wav; 51 52 (c) Drive-through facilities shall not utilize exterior speakers that are audible at 53 the prapertv line; 54 55 (d) Drive-throuqh facilities shall not operate before 10:00 a.m, or after 10:00 56 p.m.: 57 . 58 (e) 'Drive-throuqh facilities shalf be restricted to one lane with direct service 59 from the drive-through window; 60 61 (fl There shall be no signs for the drive-thrauqh facilitv on the buildinq or site, 62 with the exception of directional siqns not visible from a publie riqht-of-wav. Such siqns 63 shall not be intemallv illuminated; and 64 65 (q) An overhead canopy for the drive-throuqh facility shall be allowed, except 66 fhat such canopy, shall not project more than four (4) feet from the wall of the buildinq 67 above the drive-through window and shall not exceed the width of the drive-throuqh 68 window by more #han one (1) foot on each side. In no case, however, shall a drive- 69 through facility have an overhead canapv that extends to cover the total lenqth of a 70 drive-throuqh lane. 71 72 .... 73 74 COMMENT 75 76 This amendment adds to the B4K Historic Kempsville Area Mixed Use District regulations 77 the requirements for a conditional nse perimit for a drugstore drive-throagh. It requires that drive- 78 throughs not be visible or have any signs visible from the right-of-way. Canopies over drive- 79 through are also limited. 80 81 ARTICLE 9. BUSINESS DISTRICTS 2 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 Sec. 901. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4K Business Districts. Those uses and structures in the respective business 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. B-1 B-1 A B-2 B-3 B-3A B-4 B-4C B-4K Drugstores, beauty shops and barbershops and other similar personal service establishments; P P P P P P P P tho R_4l! Ilio4rint COMMENT This amendment deletes the prohibition of drive-through windows in the B-4K District in association with drugstores. ARTICLE 20. THE HISTORIC KEMPSVILLE AREA OVERLAY DISTRICT Sec. 2003. Use regulations. (c) Conditional Uses. Subject to general requirements and to the regulations of the underlying zoning district, all uses and structures permitted as conditional uses in the underlying zoning district in which they are located shall be permitted as conditional uses within the Historic Kempsville Area Overlay District, as well as the following uses and structures: (1) Multiple-family dwellings in the B-41K (HK) Mixed Use District; 3 116 117 (2) Attached dwellings in the B-4K (HK) Mixed Use District; 118 119 (3) Commercial parking lots, parking garages and storage garages located in the 120 B-2 (HK) Community Business or B-4K Mixed Use District; and 121 122 (4) Drive-throuqh facilities for druqstores in accordance with the provisions of 123 Section 233.02 in the B-4K (HK) Historic Kempsville Mixed Use District. 124 125 .... 126 127 COMMENT 128 129 This amendment allows drive-through facilities for drug stores as a conditional use in the 13- 130 4K Historic Kempsville Area Mixed Use District. 131 132 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 133 of , 2014. APPROVED AS TO CONTENT: Plannin Department CA12519 R-9 January 23, 2014 APPROVED AS TO LEGAL SUFFI IENCY: of]Lm V - City Attorney's Office 4 Item #D5 City of Virginia Beach An Ordinance to Amend the City Zoning Ordinance, Sections 901 Pertaining to Drugstores with Drive-Through Facilities in the B-4K Historic Kempsville Area Mixed Use District, to Add Section 233.02 Pertaining to Standards for Drugstores with Drive-Through Facilities in the B-4K Historic Kempsville Area Mixed Use District and to Amend Section 2003 Pertaining to the Addition of Drive-Through Drugstore Facilities as a Conditional Use in the B-4K Historic Kempsville Area Mixed Use District. February 12, 2014 REGULAR The proposed amendments are intended to provide adjustments to the zoning regulations applicable to the B-4K Historic Kempsville Area Mixed Use District for the purpose of allowing drive-through facilities associated with drugstores in the B-4K Historic Kempsville Area Mixed Use District (Historic Kempsville Overlay District). A motion was made by Commissioner Hodgson and was seconded by Commissioner Russo. Commissioner Ripley abstained from the voting, noting that he had a potential conflict to a residential project he was developing in the area. AYE 9 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY RUCINSKI RUSSO AYE THORNTON AYE WEINER AYE ABS ABSENT By a vote of 9-0-1, with the abstention so noted, the Commission approved item 5. NAY 0 ABS 1 ABSENT 1 Clay Bernick appeared before the Commission. ? O v+r N t3? ? C ? ? 3 a ? ,oft v 4 y H Q ? ? a ? ? L ? L ? ? V W J J ? ? ? a 2 W ? C O .? .. O ? ? a d ? ? a ? C at oa ? ? ? E ? C 0 'b O u w C C 0 N n.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH / S.L NUSBAUM, Conditional Use Permit (Drive- through associated with a drugstore). Northwest corner of Princess Anne Road and S. Witchduck Road (GPIN 1466783845). KEMPSVILLE DISTRICT. MEETING DATE: April 22, 2014 ¦ Background: The applicants request a Conditional Use Permit for a drive-through facility associated with a drugstore. The drive-through will be located on the rear (west) side of a pharmacy-retail store that is proposed as part of the redevelopment of this 2.1-acre site. On March 25, the City Council deferred this item at the request of staff. ¦ Considerations: The proposed development consists of a pharmacy-retail store and finro smaller retail buildings. Consistent with the design recommendations of the Historic Kempsville Master Plan (HKMP), the front of the buildings are oriented parallel to and located close to the right-of-way lines of Singleton Way and S. Witchduck Road. The rear sides of the buildings face the parking lot, yet are designed to resemble the front sides. Vehicles will approach the drive-through window on the rear of the building from the north, and will queue in a pull-off lane that is separate from the drive aisle for the parking lot. The drive-through window is designed to resemble a standard window appropriate to the overall `colonial' style of the building. The canopy for the drive-through is provided by means of an overhanging balcony at the second-floor level, directly above the drive-through window. Further details pertaining to the drive-through, as well as Staffs evaluation of the request, are provided in the attached staff report. There was no opposition to the request. ¦ Recommendations: The Planning Commission, by a recorded vote of 8-0-2, recommends approval of this request to the City Council with the following conditions: 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the drive-through CITY OF VIRGINIA BEACH / S.L. NUSBAUM Page2of2 facility shall be located on the site substantially in conformance with that shown on the submitted concept plan, entitled "CONCEPTUAL SITE PLAN SHOWING LOCATION OF PROPOSED DRIVE-THROUGH," dated October 24, 2012, and prepared by WPL. Said plan has been exhibited to the City Council and is on file with the Department of Planning. 2. The drive-through window shall be located on the building in the location shown and in keeping with the design depicted on the finro submitted building renderings, entitled "RENDERING OF REAR OF PROPOSED PHARMACY SHOWING LOCATION AND DESIGN OF PROPOSED DRIVE-THROUGH" and "RENDERING OF REAR AND SOUTH SIDES OF PROPOSED PHARMACY SHOWING LOCATION AND DESIGN OF PROPOSED DRIVE-THROUGH." Said renderings have been exhibited to the City Council and are on file with the Department of Planning. 3. Any loudspeaker or similar voice transmission device shall not be audible at any of the lot lines of the subject parcel. 4. The drive-through facility shall not be available for business between the hours of 10:00 a.m. and 10:00 p.m. 5. There shall be no signs on the building or anywhere on the parcel indicating the availability of drive-through service. Directional signs not visible from a public right-of-way may be utilized; however, such signs shall not be internally illuminated. s. The `balcony' canopy shown over the drive-through window in the building renderings referenced in Condition 2 shall not project more than four (4) feet from the wall of the building above the drive-through window and shall not exceed the width of the drive-through window by more than one (1) foot on each side. ¦ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . , KEMPsvaLe •'°y D7Citv of Vir inia Beach . ? _ - sz ts• R1Q B? o 132 `: 71 B4K t a SINOL y ? ? ,. ? 64K ? 02 k76 B2, . Rilb d ?F,yS 02 62" 62 •. ___' ? ANIyF ? R1D , ? p RoAD 84K "...? R7. Pi MQ •zowv.an cwww..vaw., ce« sw., v?w? CUP /or Drive 7hrougA Assoeiafed with s Orugstore ipay.rw. a wi.- - 1r n??wx.?pe.w o...a, D6 February 12, 2014 Public Hearing APPLICANT & PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNER: Stephen White & Clay Bernick REQUEST: Conditional Use Permit (Drive-through associated with a drugstore) ADDRESS / DESCRIPTION: Northwest corner of Princess Anne Road and S. Witchduck Road APPLICATION HISTORY: This request was deferred by the Planning Commission on July 10, 2013 at the request of staff due to the need to correct deficiencies in the application for closure of portions of right-of-way adjacent to the subject site. Action on the Use Permit cannot proceed until the Street Closure application is finalized. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14667838450000 KEMSPVILLE 2.1 acres Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for a Drive-Through Facility associated with a drugstore that is proposed for the subject site. The drive-through will be located on the rear (west) side of a building that will be occupied by a pharmacy-retail store. The building is part of a comprehensive development of the 2.1-acre site. The proposed development, as depicted on the submitted conceptual site plan (p. 6 of this report), consists of a Walgreens store and two smaller retail buildings. More than a year of work among City staff, the development team, and the Historic Kempsville Citizens' Advisory Committee resulted in a number of site plans striving for consistency with the vision and urban design framework established by the Historic Kempsville Area Master Plan (HKMP). The concept plan provided with this report has been refined since the time this one CITY OF VIRGINIA BEACH - USE PERMIT Agenda Item D6 Page 1 was produced, but for the purpose of the evaluating the request for the Use Permit, the plan is well- suited. As shown, and as consistent with the design recommendations of the HKMP, the front of the buildings are iocated adjacent to the right-of-way lines for Singleton Way and Witchduck Road, within a minimum- maximum setback range that is the equivalent of the Build-To Zone in a Form-Based Code. The rear of the buildings, while being the primary location for service access, is also designed to act as a building front. As an example, the delivery and service area for the Walgreens is located on the south side of the building adjacent to the intersection of Witchduck Road and Princess Anne Road; however, as shown by the building rendering on page 9, the area is enclosed, resembling a compatible'lean-to shed' on the side of the building. The overall goal of the site and building design is to meet the vision established in the HKMP for a shopping area with Colonial era elements indicative of the historical roots of Kempsville. The proposed drive-through will be located on the western (rear) side of the Walgreens. Vehicles will approach the drive-through from the north and queue in a pull-off lane that is separate from the drive aisle for the parking lot. The approximate length of the lane available for the queue is 90 feet. The drive- through window, as shown on page 8, is designed to resemble a standard window appropriate to the overall style of the building. The canopy for the drive-through is provided by means of a'balcony' at the second-floor level directly above the drive-through window. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant SURROUNDING North: . Singleton Way LAND USE AND . Retail and church annex / B-2 District (HK Overlay) ZONING: South: . Princess Anne Road • Vacant (proposed multi-family) / B-4K District (HK Overlay) East: . S. Witchduck Road • Vacant and undeveloped / B-4K and B-2 Districts (HK Overlay) West: . Church / B-2 Business & 0-2 Office (HK Overlay) NATURAL RESOURCE AND There is no known significant natural resource or cultural feature CULTURAL FEATURES: on the site. The southeastern corner of the site was bisected by a railroad until the middle of the 20th century. Prior use of the northern portion of the site resulted in chemical seepage into the groundwater. There is, therefore, a portion of an underground `plume' of the pollutant. This issue has been and will continue to be addressed as development progresses. COMPREHENSIVE PLAN: Following considerable public involvement, the City Council adopted the Historic Kempsville Area Master Plan in January of 2006. This plan outlines the methods needed to implement land use, environmental, transportation and design improvements to accomplish the desired revitalization of this area. The Master Plan also provides guidance to leverage public investments to achieve multiple outcomes and create a high quality `village' center. The Master Plan establishes the following as the "Land Use ConcepY" for Historic Kempsville: CITY OF VIRGINIA BEACH - USE PERMIT Agenda Item D6 Page 2 The plan that has been developed for the Historic Kempsville area significantly alters and reshapes the land use concept for the area, moving from the suburban pattern that has dominated the area since the post-World War II boom through the 1970s, and the subsequent decline of the area, and instead superimposes a land use concept that will strengthen the sense of community and village form in the area. The recommended land use concept suggests that a denser pattern of development, dominated by mixed uses that allow for both residential and nonresidential uses within the same building or groups of buildings, would help to reintroduce a sense of interest, pedestrian character, and excitement to the area. Mixed uses are clustered near the intersection, with buffers and less intense land uses arrayed out from the intersection and adjoining surrounding subdivision that comprise the larger community, (p.25, HK Area Master Plan). IMPACT ON CITY SERVICES TRAFFIC: A full review of the submitted plan will be provided during development site plan review. The review will include an evaluation of proposed access points. WATER: This site must connect to City water and sewer. Both are available within adjacent rights-of- way; however, detailed analysis must be done during development site plan review to ensure capacity exists for the proposed use. EVALUATION AND RECOMMENDATION Section 233.02 of the City Zoning Ordinance provides specific standards that are applicable to Drive- through Facilities associated with a drugstore. Those standards are listed below, followed by an assessment of the proposal's consistency with the standard: a. Drive-through facilities shall be located on the same parcel as the structure within which the principal use for the drive-through is located. The proposed drive-throuqh is located on the wall of the buildinq that it serves; therefore, the facilitv is located on the same parcel. b. Drive-through facilities shall be located on the rear side of the building, facing the interior of the block or within the ground floor of a parking structure, such that the facility is not visible from a public right-of-way. The proposed drive-throuqh is located on the rear side of the buildinp. The visibilitv of the drive-throuqh from a public riqht-of-wav will be effectively eliminated bv a perqola structure that will be built along the Princess Anne Road frontaqe of the site, which will be extensivelv landscaped. CITY OF VIRGINIA BEACH = USE PERMIT Agenda Item D6 Page 3 c. Drive-through facilities shall not utilize exterior speakers that are audible at the property line. There will be one speaker at the window, which, due to the nature of the information shared at the pharmacv, will not be set a loud volume. A condition recommended below emphasizes this repuirement. d. Drive-through facilities shall not operate before 10:00 a.m. or after 10:00 p.m. The applicant has apreed to this restriction, and fhe restriction is emphasized in a condition recommended below. e. Drive-through facilities shall be restricted to one lane with direct service from the drive-through window. The conceptual site plan depicts one lane for vehicles pueued for the drive-throu.qh window. f. There shall be no signs for the drive-through facility on the building or site, with the exception of directional signs not visible from a public right-of-way. Such signs shall not be internally illuminated. The applicant has aqreed to this restriction, and the restriction is emphasized in a condition recommended below. g. An overhead canopy for the drive-through facility shall be allowed, except that such canopy shall not project more than four (4) feet from the wall of the building above the drive-through window and shall not exceed the width of the drive-through window by more than one (1) foot on each side. In no case, however, shall a drive-through facility have an overhead canopy that extends to cover the total length of a drive-through lane. As described earlier in this report, the `canopv' for the proposed drive-throuqh consists of a false-balcony at the second-floor level of the buildinq. The submitted plans, however, are not dimensioned; so, staff is recommendinq a condition that limits the size of the `balconv' to that prescribed for drive-throuqh canopies. Staff concludes that the proposed drive-through facility meets the specific standards for this use as provided by Section 233.02 and is consistent with the recommendations and design guidelines of the Historic Kempsville Area Master Plan. Approval is recommended subject to the conditions below. CONDITIONS With the exception of any modifications required by any of these conditions or as a result of development site plan review, the drive-through facility shall be located on the site substantially in conformance with that shown on the submitted concept plan, entitled "CONCEPTUAL SITE PLAN SHOWING LOCATION OF PROPOSED DRIVE-THROUGH," dated October 24, 2012, and prepared by WPL. Said plan has been exhibited to the City Council and is on file with the Department of Planning. 2. The drive-through window shall be located on the building in the location shown and in keeping with the design depicted on the two submitted building renderings, entitled "RENDERING OF REAR OF PROPOSED PHARMACY SHOWING LOCATION AND DESIGN OF PROPOSED CITY OF VIRGINIA BEACH - USE PERMIT Agenda Item D6 Page 4 DRIVE-THROUGH" and "RENDERING OF REAR AND SOUTH SIDES OF PROPOSED PHARMACY SHOWING LOCATION AND DESIGN OF PROPOSED DRIVE-THROUGH." Said renderings have been exhibited to the City Council and are on file with the Department of Planning. 3. Any loudspeaker or similar voice transmission device shall not be audible at any of the lot lines of the subject parcel. 4. The drive-through facility shall not be available for business between the hours of 10:00 a.m. and 10:00 p.m. 5. There shall be no signs on the building or anywhere on the parcel indicating the availability of drive-through service. Directional signs not visible from a public right-of-way may be utilized; however, such signs shall not be internally illuminated. 6. The `balcony' canopy shown over the drive-through window in the building renderings referenced in Condition 2 shall not project more than four (4) feet from the wall of the building above the drive-through window and shall not exceed the width of the drive-through window by more than one (1) foot on each side. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site p/an submitted with this application may require revision during detailed site p/an review to meet all applicab/e City Codes and Standards. All applicab/e permits required by the City Code, including those administered by the Department of P/anning / Deve/opment Services Center and Deparfinent 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 Environmenta/ Design (CPTED) concepts and strategies as they pertain to this site. CITY OF VIRGINIA BEACH - USE PERiVIIT Agenda Itern D6 Page 5 *W1, t2 47) . _ 3 `• ??_ ? ? ?•? 4 •.T " ••;;? ' r f ?V ( •1 ?y ? r r AI !. `pj,? i n ?j2 i• AERIAL PHOTOGRAPH OF SITE AND SURROUNDING AREA CITY OF VIRGINIA BEACH - USE PERMIT ? Agenda Item D6 Page 6 .??G" Ot'p Np ??-?,"'vw`,e'-'? I CONCEPTUAL SITE PLAN CITY OF VIRGINIA BEACH - USE PERMIT Agenda Item D6 Page 7 , . ? / ?? ? DA D SINr, '/ 181 CONCEPTUAL SITE PLAN SHOWING i LOCATION OF PROPOSED DRIVE-THROUGH CITY OF VIRGINIA BEACH - USE PERMIT j kgenda Item D6 ? Page 8 , k WPL 211-0183 ` 40 OCTOBER 24. 2012 0 30 wrt uo NOKTH CONCEPTUAL RENDERING (Looking !I Southeast from CITY OF VIRGINIA BEACH Parking Lot) JSE PERMIT 1enda Item D6 Page 9 ' ?- y ¢?'Lr?? I II View from Northwest (Singleton Way) looking to the Southeast (Princess Anne Road) RENDERING OF REAR OF PROPOSED PHARMACY SHOWING LOCATION AND DESIGN OF PROPOSED DRIVE-THROUGH .> , . , CITY OF VIRGINIA BEACH iSE PERMIT { nda Item D6 i ? Page 10 .. Is I View from Southwest (Princess Anne Road) looking to the Northeast and rear of building (building front is on Witchduck Road - site plan on previous pages) ., ? AH )y? ? LY J I . ? RENDERING OF REAR AND SOUTH SIDES OF PROPOSED PHARMACY SHOWING LOCATION AND DESIGN OF PROPOSED ' DRIVE-THROUGH I : ? CITY OF VIRGINIA BEACH - USE PERMIT J! Agenda Item D6 Page 11 M???aV ., , 14W. CONCEPTUAL BUILDING RENDERING CITY OF VIRGINIA BEACH e--"'???, USE PERMIT i aenda Item D6 Page 12 !TL' / ?,t , I i / :a'• ,'{ ? ' k / . ` ?'?t* , ?. ? ,?.. • ?:? z , f'A• _ '?' ti ?• ,.:;. ? CONCEPTUAL BUILDING RENDERING ? CITY OF VIRGINIA BEACH - USE PERMIT Agenda Item D6 Page 13 I ZONING H15TORY # DATE REQUEST ACTION 1 08/27/2013 Chan e of Zonin Various Zonin Districts to B-4K [HK A roved 2 04/10/2012 Chan e of Zonin R-7.5, 0-2, & B-1A to B4K [HK] A roved Conditional Use Permit Multifamil Dwellin s A roved 3 04/10/2012 Street Closure A roved 4 04/10/2012 Chan e of Zonin (B-2 to B-4K [HK] A roved 02/28/2012 Floodplain Variance A roved 5 02/28/2012 Chan e of Zonin R-10 to P-1 Preservation A roved 6 12/11/2001 Conditional Use Permit (Expansion of Reli ious Facilit A roved 7 10/15/1999 Use Permit Addition to Reli ious Facilit A roved 8 08/03/2009 Chan e of Zonin Conditional B-2 & I-1 to Conditional B-2 A roved Conditional Use Permit (Reli ious Facilit A roved 12/07/1999 Chan e of Zonin B-2 & R-5D to Conditional B-2 & I-1 A proved ? G??'IA,.Bf J?4 CITY OF VIRGINIA BEACH - USE PERMIT Agenda Item D6 Paae 14 :ry w 9 R gt 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) City of Virginia Beach 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the appticant: (Attach list if necessary) F? 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 applicanf. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) (same) 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 e oyee of City of Virginia Beach have an interest in the ? subject land? Yes No ? If yes, what is the name of the official or employee and the nature of their interest? I DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH -7 USE PERIAIT Agenda Iteri?;D6 Page 15 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) WPL p S.L. Nusbaum p '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectiy 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 enti#y, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the appliqtion 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 fhe 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. ? ??¢T 5. I?e$?lZT Ap licant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH -; USE PERMIT Agenda Iterh D6 Page 16 Item D6 City of Virginia Beach/SL Nusbaum Conditional Use Permit Northwest corner of Princess Anne Road & S. Witchduck Road District 2 Kempsville February 12, 2014 REGULAR An application of the City of Virginia Beach/S.L. Nusbaum for a Conditional Use Permit (Drive- through associated with a drugstore) on property located at Northwest corner of Princess Anne Road and S. Witchduck Road, District. GPIN: 14667838450000. CONDITIONS With the exception of any modifications required by any of these conditions or as a result of development site plan review, the drive-through facility shall be located on the site substantially in conformance with that shown on the submitted concept plan, entitled "CONCEPTUAL SITE PLAN SHOWING LOCATION OF PROPOSED DRIVE-THROUGH," dated October 24, 2012, and prepared by WPL. Said plan has been exhibited to the City Council and is on file with the Department of Planning. The drive-through window shall be located on the building in the location shown and in keeping with the design depicted on the two submitted building renderings, entitled "RENDERING OF REAR OF PROPOSED PHARMACY SHOWING LOCATION AND DESIGN OF PROPOSED DRIVE-THROUGH" and "RENDERING OF REAR AND SOUTH SIDES OF PROPOSED PHARMACY SHOWING LOCATION AND DESIGN OF PROPOSED DRIVE-THROUGH." Said renderings have been exhibited to the City Council and are on file with the Department of Planning. 3. Any loudspeaker or similar voice transmission device shall not be audible at any of the lot lines of the subject parcel. 4. The drive-through facility shall not be available for business between the hours of 10:00 a.m. and 10:00 p.m. 5. There shall be no signs on the building or anywhere on the parcel indicating the availability of drive-through service. Directional signs not visible from a public right-of-way may be utilized; however, such signs shall not be internally illuminated. 6. The `balcony' canopy shown over the drive-through window in the building renderings referenced in Condition 2 shall not project more than four (4) feet from the wall of the Item D6 City of Virginia Beach/SL Nusbaum Page 2 building above the drive-through window and shall not exceed the width of the drive- through window by more than one (1) foot on each side. A motion was made by Commissioner Thornton and was seconded by Commissioner Horsley to approved item D6. Commissioner Ripley and Commissioner Weiner both abstained from the voting, each noting that he had potential or actual conflicts. AYE 8 NAY 0 ABS 2 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY ABS RUCINSKI ABSENT RUSSO AYE THORNTON AYE WEINER ABS By a vote of 8-0-2, with the abstentions so noted, the Commission approved item D6. Clay Bernick and Eddie Bourdon appeared before the Commission. . , cV C.4 ? ,`? ?1? ' ? ? o ? ..,RV ? ? ,? Y l?r cZ 3 Q Q . ?? m; , ti ? •,•" ,,-' ? ??, : ,? a? ,? r? V c ^' W T y . cn > 3f U? ana4m ? r c ;'?j?? 'S IL u? -- _ - ? ,--; •, ; . ?? - - - Cut 3?71ASdNII L ? ZJ' u -,--- ' m ? N ? --- ' 4 ?(---AM_? !T-_ 'W __ . __..? ?, ? ? „? •-.. tn x ? ?. ? ?. / • r ? ? ? C° r ,.., ? IL ? ??"`-? ,? - - ? ? ? 1,0? ?''4? '?_ _ q ? ( ' ? ? ?' r 11- : CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of the City of Virginia Beach for the Discontinuance, Closure and Abandonment of the following: (a) Unimproved portion of the right-of-way of Singleton Way (formerly Princess Anne Road), adjacent to the north side of the parcel identified by GPIN 1466-68-7951. (b) Unimproved portion of the right-of-way of Singleton Way (formerly Princess Anne Road), adjacent to the north side of the parcei ideritified by GPIN 1466-78-0931. (c) Unimproved portion of the rights-of-way of Singleton Way (forme.rly Princess Anne Road) and S. Witchduck Road (formerly Kempsville road) and Princess Anne Road (relocated) adjacent to the north, east, and southeast sides of the parcel identified by GPIN 1466-78-3845. KEMPSVILLE DISTRICT. MEETING DATE: April 22, 2014 ¦ Background: As part of the Princess Anne Road / Kempsville Road Intersection Improvements Project, CIP 2-048 and Witchduck Road Phase I, CIP 2-931, the roadway alignment of each of these roadways was altered, and the intersection of the three arterials was relocated to the south of the former location. A portion of Kempsville Road, south of the former intersection, is now known as S. Witchduck Road. Additionally, with the shift of Princess Anne Road to the south, the portion of Princess Anne Road to the west of the former intersection is now known as Singleton Way. In addition, as a part of the Princess Anne Road/Kempsville Road Project, the City reached an agreement with Emmanuel Protestant Episcopal Church of Kempsville (the "Church") in settlement for the property acquired. City Council adopted ORD-3239A on June 12, 2012, contemplating the fu#ure closure of a portion of Singleton Way and the proposed transfer to the Church as part of that settlement. ¦ Considerations: The new alignments resulted in portions of each right-of-way that are now no longer necessary for road purposes. Therefore, to increase the land area and to improve the configuration of the adjacent City-owned parcels, as well as the parcel owned by Emmanuel Episcopal Church, closure of the subject rights-of- way is requested. The closed area will be incorporated into the adjacent parcels through subdivision after the closure is approved. The Viewers appointed by the City Council have determined that there is no need for the portions of right-of-way requested for closure and no public inconvenience will result from their closure. The combination of the closed areas with the adjacent parcels located in the northwestern quadrant of Historic Kempsville will result in City-owned parcels that will be more marketable and developable, and will provide Emmanuel Episcopal Church with additional land area for its future use. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. 2. The City will ensure that the properties are subdivided such that the internal lot lines are vacated and the closed areas are incorporated into the adjoining parcels. The plat(s) must be submitted and approved for recordation prior to final street closure approval. 3. The City shall verify that no private utilities exist within the rights-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the rights-of- way, this approval shall be considered null and void. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department *Y-- City Manager: v "q?r KEIYI?SVILIE ' Citv of Vir inia Bench 132 . 10 ? e2 ?.? . B? o ? a ? ? Rt : pz at?7 ? ? ' ? ? `? ??+?, . eaK li ' t? M, 84K ? QZ R7.6 ??'_ 54 8 . ? 2. 2 BZ` BZ ...`_ b ?NN? . R1d ? ROAQ R1Q BdK P1 1t1Q Rt - • r?»? ww cwawm.e.ww?. ca.?? ow??? e?,?w. Sbest C/osunss • portians o/ wr,yw?«»?xw.nw.?w?e.,,w.aaar?.ae.mwwwn?.rry SmgtelonWaydSWiteAdueaRdD2-D4 February 12, 2014 Public Hearing APPLICANT: CITY OF VIRGINIA BEACH STAFF PLANNERS: Stephen White & Clay Bernick REQUEST: Discontinuance, closure and abandonment of three portions of the right-of-way of Singleton Way (formerly Princess Anne Road) and the right-of-way of S. Witchduck Road (formerly Kempsville Road). D2. Street Closure, portion of Singleton Way right-of-way (formerly Princess Anne Road). Parcel C (North of GPIN 1466687951). D3. Street Closure, portion of Singleton Way right-of-way, (formerly Princess Anne Road), Parcel E. (North of GPIN 1466780931). D4. Street Closure, portion of right-of way at intersection of Singleton Way (formerly Prin;.ess Anne Road) & S. Witchduck Rd, Parcel D. (Adjacent GPIN 1466783845). COUNCIL DISTRICT: KEMPSVILLE APPLICATION HISTORY: These three requests were deferred by the Planning Commission on July 10, 2013 at the request of staff due to issues pertaining to the ownership of the underlying fee. That issue has now been addressed, and these three requests may now be considered by the Commission. BAGKGROUND / DETAILS OF PROPOSAL The purpose of the requested closure is to incorporate into the adjacent parcels 51,820 square feet of right-of-way that was formerly used for Princess Anne Road and Kempsville Road. As part of Capital Improvement Program (CIP) Project 2.048.000 - Princess Anne Road/Kempsville Road/Witchduck Road Intersection Improvement (First Cities Project - VDOT # 0165-134-107) the roadway alignment of each af the roadways was altered, and the intersection of the three arterials was relocated to the south of the former location. With the shift of the intersection to the south, what was Kempsville Road south of the CITY OF VIRGINIA BEACH / Singleton Way Agenda Items D2 - D4 Page 1 former intersection is now S. Witchduck Road (between the old and new intersections). Additionally, with the shift of Princess Anne Road to the south, what was Princess Anne Road to the west of the former intersection is now Singleton Way. The new alignments resulted in portions of each right-of-way that are now no longer necessary; therefore, to increase the land area and to improve the configuration of the adjacent City-owned parcels as well as the parcel owned by Emmanuel Episcopal Church, closure of the subject right-of-way is requested by the City of Virginia Beach. The closed area will be incorporated into the adjacent parcels through subdivision after the closure is approved. IMPACT ON CITY SERVICES Easements will be required for private and public utilities located within portions of the rights-of-way. The location for those easements is currently being determined, and will be shown on the final Street Closure Exhibits provided to City Council for review and action. There are no other anticipated impacts to City services as a result of the proposed closures. EVALUATION AND RECOMMENDATION The Viewers appointed by the City Council have determined that there is no current need for the portions of right-of-way requested for closure and no public inconvenience will result from their closure. The combination of the closed areas with the adjacent parcels located in the Northwestern Quadrant of Historic Kempsville will result in City-owned parcels that will be more marketable and developable, and will provide the church with additional land area for its future use. The Viewers and staff, therefore, have no objection to the closures, and recommend approval with the conditions below. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. 2. The applicant shall cause the properties to be subdivided such that the internal Iot lines are vacated and the closed areas are incorporated into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the rights-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not CITY OF VIRGINIA BEACH / Singleton Way Agenda Items D2 - D4 Page 2 accomplished and the final plat is not approved within one year of the City Council vote to close the rights-of-way, this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CITY OF VIRGINIA BEACH / Singieton Way Agenda Items D2 - D4 Page 3 ?µ - ?. ?, ,? v : rU???? ?ryT*..J?• ??• T r, ? 41Q)? ? ?-? •' "'???. ?J(,u? E t= M> ?A^ ?j 'r• ? ?'' . . ~ r/???i?c(v? `' ; .5??? ? ` ?? '" t . `,1 ? - ? .?'• ?r f'? ?r fi ?. ' ?.*`;_ ? ?, ? r?_. ?? - , ? ? . ?? ?. . , . . ? ? F?Z 3 E ? . .? ? T ? S"p • g ?' l? ? a.? ? ?.? ?? ?.... ::",Ar y? . '•???. ._ ?. ?7. AERIAL PHOTOGRAPH OF SITE AND SURROUNDING AREA CITY OF VIRGINIA BEACH / Singleton Way Agenda Items D2 - D4 Page 4 NC}'I"'E5: ry WAY ION5 czw'Bn Y iNsENrtt• ro ,HE uaEA (sr ?,R R/'? ra) ? A?Nf R8? rw?.,a?osEp cLus??k: ? 71DCNEPrU:F.r ?? - ?:r -H[ +??ocu?a ?ctRa a(cv?vr{s) ??rc?' 76 P, J ? -Mtf?7`0&57 2? 011EMMO REW3Fi' Wt5 HD? 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W?F loQ) AM T'RdZ?C=5 AKttq R0AU (RBIJOCl1TU1 SIN9'E No 201300160094969$OJ YIRGINiA BEACH, vIRG1NIA ?e?r. 1'r.?6c1+,?¦4vel,v Ior ? ? ?OTEBTANT EPMOOPAL E.r'HURCH OF KEMPSVl 1 'R ?se aa++ TS1.u?.1G41 ?Ili?.saador,eiaLM.am1 4r.Ai.F- F' - 50' SS XPRiL. n1l STREET CLOSURE EXHIBIT (Item D2 / Parcel C) CITY OF VIRGINIA BEACH / Singleton Way Agenda Items D2 - D4 Page 5 NOTE;3: S. tM6 FrM$r. t$ IwFEN(7E4 Te sMCrN +4E AkF/w #' VPfYKO'sE6 R?sd{i-Of-WhY Ci.OSU1?E LWJ HDE9EFK3Eh^; Gf IHE k550G41:ED F'ECOPG CF"Y•,'UUtyi(5) 1 hOi Ik1ENOFQ FOR ANY OiNEP. THA.4 G4141`R41 P.fFFk(hCE. 2, k 11TLC REFGRT WS NDt BEeN *;'Cl?rrEn I'6R 1kr wAY F'P,UPEkiY. C.y Vlto? Y FM?tNGFS? ANNr pOAD) ?eE p, P 7fF?7? 4) (I)V ST 2?0220W . M!A S7f PNWOSED M[i Gl45URE {18,p1{ $Q, Ff.. 0.414 1C.) T??^Dt R•M.SO' !se?O',?,]' ,• ? fiwo/J?' R INE ? 1 .3'4'?? E 4647' e N 7 , ? ? ?737'p7• ? ?. 45• , ; i ?,• E 22655 ? 79.87 - ' - 1--- 38- r?' ? ? -------- -_ ---- t 1 : 8735'39" ? _/ Q --?"? --- _._ ? ? ? 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EXMB'I 15 I?rEN?.U i'} :HQM IH: !J?wti OF' PRAFY15f0 ROf'..;x-W?.Y UI IfE WXCNItU MtONU 04tiCUMlM{5} IS VGi 14R!NXtI ftiR +i61' D?'NFR MdN GiNF%JU RCFCFfNCF. 2 A tii.E FfPO4i H4S !+A;T KEk Pfii1-'OED Fpa 'H15 t`4C1iYP,?Y A:, ? ? tmfr3..{Td' $ RRYY? tx1'-y? ' ??aR?f:l 'E' N,lt' A -TiB'32 EMMANUEL RR4TESTANT EPISCQF'AL CHURCH 4F KEMPBVILLE 1?66-7Q-09b1 R-?5,?"?^' i r.' ! R£A O'' ?EiOiPM 5IREET CL9lIPE 'D- 9' dfl.49g 541. FT.. O.MS AC.y ? ,•?,1?nr? w p?y??W?"/?.SJ' '? r? p . 4k-? ?44 ? AII.Or' /s. '?,' w R -('r37U'-` s w? A -4C'' I :?? ..p'43 ^? ?'?h ??f ?? '' e y p n ;, ? ? ? ? ?•'" w 4 ? A ?exi?? rn OD Q ? ? ? r ? ? fz? ;° c?Li h 21v 104 N ?O i'? ?E?' 6 l?S??P' -^? ,? ?, ?} 5? f$'$1W' w !V 447MM" f 1607; .'u""t ?3S.7g• ? -•:,c.5? ?A"z3Y.,S0, A -74'M'5 3" zl =?'18'?EJ' J./Q t3• N V4F ?? AAME ROAD N 49'39'.T?` IM' 4.00' (+vE't UCA 70) - VAP ,4,/* S 40-x2B' W 3,*,TS. 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'Rt7'?HDUG7C LtQA13 (R'nt igo) ` .? ?, ?'?41? #14?4/-l+1Xs}Iwar Nm 301aoa1500osoaage) 1tiRGINiA UF:AGti, YIRGIN[A Lold?'W ? rM 8zo1uaiva1y !or , Ense?r OrrY OF tOOO" OEAGH r Ud Y"L+bIt,JAltY, ;tlil A .4 Y.6ir4 Ml ?E 0?A4N Ilfit M? :?i',tll': 1" W 1 Q(F- STREET CLOSURE EXHIBIT (Item D3 / Parcel D) CITY OF VIRGINIA BEACH / Singleton Way Agenda Items D2 - D4 Page 7 LVIVIIVV nIJ I VRi # DATE REQUEST ACTION 1 08/27/2013 Change of Zonin (Various Zoning Districts to B-4K [HK]) A proved 2 04/10/2012 Chan e of Zonin (R-7.5, 0-2, & B-1A to 64K [HK]) A roved Conditional Use Permit (Multifamil Dwellin s) Approved 3 04/10/2012 Street Closure A roved 4 04/10/2012 Chan e of Zonin (B-2 to B-4K [HK]) Approved ! 02/28/2012 Floodplain Variance A roved 5 02/28/2012 Chan e of Zonin R-10 to P-1 Preservation A roved 6 12/11/2001 Conditional Use Permit Ex ansion of Reli ious Facilit A roved 7 10/15/1999 Use Permit Addition to Reli ious Facilit A roved 8 08/03/2009 Chan e of Zonin (Conditional B-2 & I-1 to Conditional B-2) A roved Conditional Use Permit (Reli ious Facilit ) A roved 12/07/1999 Chan e of Zonin (B-2 & R-5D to Conditional B-2 & I-1 A roved CITY OF VIRGINIA BEACH / Singleton Way Agenda Items D2 - D4 Page 8 APPLICANT DISCLOSURE If #he applicant is a carporation, partnership, firm, business, ar other unincorparated organization, camplete the following; 1, List the appiicant n+ame followed by the names of all afficers, members, trustees, partners, etc. below: (Attach /isf if necessary) Cily Council of tne City af Virginia Beach 2. List all businasses that have a parent-subsidiary' or aifiliated business entity2 relationship with the applicant; (Atfach list if necessary) ? Check here if the applicant is lY4T a carporatian, partnership, firm, business, or other unincorporated organizatian. PROPER7Y QWNER DISCLC?SURE Complete this section only if pmperty pwner is differenf from applicant. If the property owner is a corpvration, partnership, firm, business, ar other unincarporated organizatian, complete the following: 1. Lfst the property owner name fallowed by the names of ali officers, members, krustees, parkners, etc, belaw: (Aftach list if necessary) 2, List ail businesses that have a parent-sukasldiary' or affiliated business entity2 relationship with the appliGant: (Attach list if necessary) ? Gheck here if the propsrty owner is NQT a corporation, partnership, firm, business, ar other unincorporated organization. & Sea next page for footnotes poes an official or employse of the City of Virginia Beach have an interest in the subject land? Yes M No = If yes, what is tMs name of the official or employee and the nature of thsir interest? City Council of Virginia Beach is b4th the owner and the property DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH / Singleton Way Agenda Items D2 - D4 Page 9 ADDITIONAL DISCLQSURES List all kn4wn contrackors or businessss that have vr will provide services with respect to the requestsd property use, including but nat limited to the providers of architectural services, real estate services, financiai servicss, accounting ssrvices, and legal services: (Axtach list if necessary) WPL (prepered the Street Closure Exhibit) a '"Parent-subsidiary rslationship" means "a relationship that exists when one corparatiAn directiy or indirectly awns sharss possessing more than 50 percent of the voting power of another corporation." Ses Stats and Local Gavernment Conflic# of Interesks Act, Va. Code § 2,2-3101. 2"AfFilieted business entfty relationship" means "a relationship, other than parent- subsidiary relatfonship, that exists when (i) vna businass entity has a controlling ownership interest in tha other business entity, (D) acantrolling owner in ons entity is alsa a cQntrolling ownsr in ths otMar entiry, or (iii) there Is shared management or control between the business entities. Factors that should be considered in de#ermining the existenae of an affiliated business entity relationship Include that the same perspn or substantially the same person vwn or manage the twv entities; there are common ar commingled funds or assats; the business sntities share the use of the same offices or amployees or otherwise share activities, resources or psrsannel on a regular basis; ar there is otherwise a close working reiationship between the entitiss." See State anQ Local Government Conflict of Interests Act, Va. Code § 2.2-31 Q 1. CERTIFICATIDN: I certify that the infcarmatian contained harsin is true and accurate. I undarstand that, upon receipt of notification (poatcard) that the appiicatian has been scheduled far public hearino, I am respvnsibis fpr obtaining and posting the required sign on tha subject pr4perty at ieast 30 days pr{or ta the schedulad public hearing according ta the instructions in this package. The undersigned also oonsents to entry upon khe sub)ect property by smployees of the Department of Planning to photograph and viaw the aite far purpoaea of processing and evaluating this application. ,u ?, ? ? ??L.? _?''_L__._ ^• Applican s aignatu ? Print Mame ???.?.. Property Qwner's Slgnature (if different than applicant) Print Name DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH / Singleton Way Agenda Items D2 - D4 Page 10 1 ORDINANCE APPROVING APPLICATION OF THE 2 CITY OF VIRGINIA BEACH FOR THE 3 DISCONTINUANCE, CLOSURE AND 4 ABANDONMENT OF A PORTION OF THE RIGHTS- 5 OF-WAY OF SINGLETON WAY (FORMERLY 6 PRINCESS ANNE ROAD) AND S. WITCHDUCK 7 ROAD (FORMERLY KEMPSVILLE ROAD) AND 8 PRINCESS ANNE ROAD (RELOCATED) ADJACENT 9 TO THE NORTH, EAST, AND SOUTHEAST SIDES 10 OF THE PARCEL IDENTIFIED BY GPIN 1466-78- 11 3845 ("PARCEL D"). 12 13 WHEREAS, Princess Anne Road and Kempsville Road in the City of 14 Virginia Beach have each been partially relocated as part of the Princess Anne 15 Road/Kemspville Road Intersection Improvements Project (CIP 2-048); 16 17 WHEREAS, a section of Princess Anne Road in its former location has 18 been re-named Singleton Way and a section of Kempsville Road in its former location 19 has been re-named S. Witchduck Road; 20 21 WHEREAS, Singleton Way and S. Witchduck Road each have excess 22 right-of-way area which is no longer needed due to the realignment of the intersection; 23 24 WHEREAS, the City of Virginia Beach (the "City" or "ApplicanY") is the fee- 25 simple owner of Singleton Way, S. Witchduck Road, and Princess Anne Road; 26 27 WHEREAS, as part of the Princess Anne Road/Kempsville Road 28 Intersection Improvements Project, the City acquired the property now identified by 29 GPIN 1466-78-3845; 30 31 WHEREAS, the City proposes to close the subject rights-of-way and add 32 them to GPIN 1466-78-3845 to provide a better land configuration and make the land 33 more readily developable; 34 35 WHEREAS, the City has applied to the Council of the City of Virginia 36 Beach, Virginia, to have the hereinafter described rights-of-way discontinued, closed, 37 and vacated under certain conditions; and 38 39 WHEREAS, it is the judgment of the Council that said portion of rights-of- 40 way be discontinued, closed, and vacated, subject to certain conditions having beeri 41 met on or before one (1) year from City Council's adoption of this Ordinance. 42 43 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 44 45 GPIN: City right-of-way no GPIN assigned 46 Adjacent to 1466-78-3845 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 85 86 87 88 89 90 91 Virginia Beach, Virginia: SECTION I That the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before one (1) year from City Council's adoption of this ordinance: PARCEL `D' on Exhibit A ALL THAT certain lot, tract, or parcel of land, together with the improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia and designated as "AREA OF PROPOSED STREET CLOSURE `D-1' (28,095 SQ. FT., 0.645 AC.)," and "AREA OF PROPOSED STREET CLOSURE `D-2' (1,931 SQ. FT., 0.044 AC.)" as shown on that certain plat entitled: "STREET CLOSURE EXHIBIT OF A 28,095 SQ. FT. (0.645 AC.) PORTION OF SINGLETON WAY (FORMERLY PRINCESS ANNE ROAD) AND S. WITCHDUCK ROAD (RTE 190) AND A 1,931 SQ. FT. (0.044 AC.) PORTION OF PRINCESS ANNE ROAD (RELOCATED) AND S. WITCHDUCK ROAD (RTE 190) (PUBLIC-RIGHT-OF-WAYS)(INSTNO 20130315000305320) VIRGINIA BEACH, VIRGINIA EXCLUSIVELY FOR CITY OF VIRGINIA BEACH," Scale: 1" = 100', dated February 4, 2014, prepared by WPL. SECTION II The following conditions must be met on or before one (1) year from City Council's adoption of this ordinance: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures" approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlying fee and the Applicant seeking this street closure. The Applicant shall ensure that the property is resubdivided and internal lot lines are vacated to incorporate the closed areas into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 2 92 The Applicant shall verify that no private utilities exist within the rights-of- 93 way proposed for closure. If private utilities do exist, the Applicant shall ensure that 94 easements satisfactory to the utility companies are provided. 95 96 Closure of the rights-of-way shall be contingent upon compliance with the 97 above stated conditions within one (1) year of approval by City Council. If all conditions 98 noted above are not in compliance within one (1) year of the City Council vote to close 99 the street, this approval will be considered null and void. 100 101 SECTION III 102 103 1. If the preceding conditions are not fulfilled on or before April 22, 104 2015, this Ordinance will be deemed null and void without further action by the City 105 Council. 106 107 2. If all conditions are met on or before April 22, 2015, the date of final 108 closure is the date the street closure ordinance is recorded by the City Attorney. 109 110 3. The City Manager or his designee is authorized to execute 111 whatever documents, if any, that may be required to comply with the preceding 112 conditions, provided said documents are approved by the City Attorney's Office. 113 114 115 SECTION IV 116 117 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 118 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 119 OF VIRGINIA BEACH as "Grantor" and "Grantee". 120 121 Adopted by the Council of the City of Virginia Beach, Virginia, on fihis 122 day of , 2014. 123 APPROVED AS TO,.L L APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Planni g artment \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D005\P020\00114349.DOC CA12554 R-1 4/10/14 3 F-r EXHIBIT NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA Of PROPOSED RIGHT-OF-WAY CLOSURES AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERIY. A=88. B5 ' R=772.50' ? A =635 24 W hI _-N? A=98.88' _ R=725.00'-? A =7*48'52° PARCEL 'E' N/F EMMANUEL PROTESTANT EPISCOPAL CHURCH OF KEMPSVILLE A=37.661466-78-0931 R=75.00' ? A =28'46'03" \ `N 104,?, C? A= f04.39' R=1122.50'- A =5'19 43" PH/NCESS A/WIIE ROAD (RELOCATED) - VAR R/W N (/NST 20090519000553070)(INST 20091019001219680) (INST 20f00203000113230)(/NST 20100409000329350) (INST 20100507000436780)(M.B. 114, P. 21) A=45 15' R=43.50'- 0 =5927'51 " ? 0 =24'58'S5 A=6.43' N 49'39'32" W 4.00' S 40'20 2B" W 31.26' AREA Of PROPOSED STREEf CLOSURE 'D-2' (1,931 SQ. FT., 0.044 AC.) STPJM CLOSURE IT SHEET 1 OF 1 OF A 28,095 SQ. FT. (0.645 AC.) PORTION OF SINGLETON 1fAY 4w Li (FORKERLY PRINCSS3 ANNE BOAD) AAND AS. 1?ITCHDUCK ROAD (RTE iso) 1,931 SQ. FT. (0.044 AC.) PORTION OF PRINCESS ANNB ROAD WA (xsr.ocATsn) AND 3 1RTCHDUCK ROAD (RTs iao) (PMUc amsr-0s-WA73xDrsr xo zoisosisooososszo) La,?, ?,;??ro VIRGINIA BEACH, VIRGINIA ? .'49 Escluaively !or 757.431.1041 CITY OF VIMM BEACH VUL SIE e MMffNpKN 23452 SCALE: 1°= 100' 04 FEBRUARY, 2014 S B ? AREA OF PROPOSED STREET CLOSURE 'D-1' m (28,095 SQ. FT., 0.645 AC.) 4S'( o04'erON -00 (M.B R? Y Ri (/NST ?Op J?,yB 16NE,Q0'9Y h o?28p . ,c ¢ J o S OT22'22" W f, ?`?15 JJ Sj i? p N 9.85' ?Pps fD J ^ ?i ? ? ? Q?d 101.83' S 82'30'20" E p Z ao.o?? A=36 78' ? . ' N R=673.70 ' " ' 2 ? 07 40 0 =3 ? m A=38.08' .a ' R=32.00 ? o =68•„'z2° , EXISTING r? R/W LINE cc )'N N .- LO ? 3 Cif ? ? ? ? O W ? JM? O o ? Z W?Ln o? 0 ? N I?j ? ? c.9 Q CDM? 0 O N 'r? ? N Go N y 1 N 4020'28" E 6.99' ?. - 7.20' N N 40 20 28" E 18.97' . 42 35 ? 9c,2 ?2„ w ? • y? . 1? ? rnr ?i- . . h ??`?' • ? ? ? oe h ^?? ?J ? a N ? 1 . . ? ? n ? S 15'21 '33" W V 3.85' A=38.15' 105.78' ? S 6 r- y2 R=8750' M 148 13: ` A/ 80'> 1 '46" K' ?CAD/chlG TMF/els CITY OF VIRGINIA BEACH, VA I F.B. P. I PLAT: 1,0: 213-0160? 1 ORDINANCE APPROVING APPLICATION OF THE 2 CITY OF VIRGINIA BEACH FOR THE 3 DISCONTINUANCE, CLOSURE AND 4 ABANDONMENT OF A PORTION OF THE RIGHT- 5 OF-WAY OF SINGLETON WAY (FORMERLY 6 PRINCESS ANNE ROAD), ADJACENT TO THE 7 NORTH SIDE OF THE PARCEL IDENTIFIED BY 8 GPIN 1466-78-0931 ("PARCEL E"). 9 10 WHEREAS, Princess Anne Road in the City of Virginia Beach has been 11 partially relocated as part of the Princess Anne Road/Kemspville Road Intersection 12 Improvements Project (CIP 2-048); 13 14 WHEREAS, a section of Princess Anne Road in its former location has 15 been re-named Singleton Way; 16 17 WHEREAS, Singleton Way has excess right-of-way area which is no 18 longer needed for traffic flow, as the roadway is being converted from a four-lane road 19 to a two-lane road; 20 21 WHEREAS, the City of Virginia Beach (the "City" or "Applicant") is the fee 22 simple owner of Singleton Way; 23 24 WHEREAS, as part of the Princess Anne Road>Kempsville Road 25 Intersection Improvements Project, the City acquired property and easements from 26 Emmanuel Protestant Episcopal Church of Kempsville (the "Church"); 27 28 WHEREAS, the City proposed as part of a settlement with the Church, 29 that a portion of Singleton Way adjacent to Church property would be closed and 30 conveyed to the Church pending Council approval; 31 32 WHEREAS, the City has applied to the Council of the City of Virginia 33 Beach, Virginia, to have the hereinafter described right-of-way discontinued, closed, and 34 vacated and thereafter conveyed to the Church under certain conditions; and 35 36 WHEREAS, it is the judgment of the Council that said portion of right-of- 37 way be discontinued, closed, and vacated, subject to certain conditions having been 38 met on or before one (1) year from City Council's adoption of this Ordinance. 39 40 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 41 Virginia Beach, Virginia: 42 43 SECTION I 44 45 GPIN: City right-of-way no GPIN assigned 46 Adjacent to 1466-78-0931 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 85 86 87 88 89 90 91 92 That the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before one (1) year from City Councii's adoption of this ordinance: PARCEL `E' on Exhibit A ALL THAT certain lot, tract, or parcel of land, together with the improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia and designated as "AREA OF PROPOSED STREET CLOSURE (18,014 SQ. FT., 0.414 AC.)," as shown on that certain plat entitled: "STREET CLOSURE EXHIBIT OF A 18,014 SQ. FT. (0.414 AC.) PORTION OF SINGLETON WAY (A PUBLIC RM/) (FORMERLY PRINCESS ANNE ROAD) BETWEEN S. WITCHDUCK ROAD (RTE 190) AND PRINCESS ANNE ROAD (RELOCATED) (INST. NO 20130315000305320) VIRGINIA BEACH, VIRGINIA EXCLUSIVELY FOR EMMANUEL PROTESTANT EPISCOPAL CHURCH OF KEMPSVILLE," Scale: 1" = 100', dated February 4, 2014, prepared by WPL. The following conditions must be met on or before one (1) year from City Council's adoption of this ordinance: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures" approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlying fee and the Applicant seeking this street closure. The City shall ensure that the property is resubdivided and internal Iot lines are vacated to incorporate the closed areas into the adjoining parcei. The plat must be submitted and approved for recordation prior to final street closure approval. The City shall convey the area to Emmanuel Protestant Episcopal Church of Kempsville (the "Church") in conjunction with the resubdivision process. The Applicant shall verify that no private utilities exist within the right-of- way proposed for closure. If private utilities do exist, the Applicant or the Church shall provide easements satisfactory to the utility companies. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one (1) year of approval by City Council. If all conditions 93 noted above are not in compliance within one (1) year of the City Council vote to close 94 the street, this approval will be considered null and void. 95 96 SECTION III 97 98 1. If the preceding conditions are not fulfilled on or before April 22, 99 2015, this Ordinance will be deemed null and void without further action by the City 100 Council. 101 102 2. If all conditions are met on or before April 22, 2015, the date of final 103 closure is the date the street closure ordinance is recorded by the City Attorney. 104 105 3. The City Manager or his designee is authorized to execute 106 whatever documents, if any, that may be required to comply with the preceding 107 conditions, provided said documents are approved by the City Attorney's Office. 108 109 110 SECTION IV 111 112 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 113 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 114 OF VIRGINIA BEACH as "Grantor" and "Grantee". 115 116 Adopted by the Council of the City of Virginia Beach, Virginia, on this 117 day of , 2014. 118 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO LEGAL SUFFICIENCY: i City Attorney CA 12554 \\vbgov. com\DFS 1 \Applications\CityLawProd\cycom32\Wpdocs\D005\P020\00114348. DOC R-1 4/10/14 APPROVED AS TO CONTENT: 3 EX HIBIT I- A um 7THIS : [1. XHIBIT IS INTE NDED TO SHOW THE AREA OF SED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS N wA ?/ PROPERTY. ,,, VAR RA S/NC3LEr? ROAD (FORMERL? ? ? SS ANNE bl,B. 76. P. 34) ?M(/NST 200302280031557) AREA OF PROPOSED STREET CLOSURE N 86 15'33" E (18,014 SQ. FT., 0.414 AC.) 22.17' ' , PROPOSED 42q-277.f0 R=772.50 f/?=20'33'?,,,,, R/W L/NE ? ,?q." E 1?? N N ??13 , ''u '``? , v` • s 82'32'07^ 4s47% 228.55 E 3g.45?N $ot7'25". 79.6 S 82'35'38" E 1 O PROPOSED N 04' 15'32° W 41.31' ? a= EXISTING 1.93' 2?•?4? , F- U W ? ? R/W LINE I N 8500'5D" E A=98.88 f? ? J N ? A=19.91' 30.10' R=725.00' ? W ? ,_ - ? R=143.18' & =7'48'52" z 0 V- ^ o?'i 0=T58'08" O ?CC J A=37 66' _ W Q? ? cn ? R=75.00' U c? - j d W? ?=2846'03" Q ?WOY? c„ NZ W ?a ? o PARCEL 'E' S 34101101-E? ? n., ? 1466 78 0931 1707 ^ Z-00 ? W (INST 20130315000305320) ^ o Z a ? i W 3 W . ? I > `° J N 177.3421 E o a O ? 30.91' F-- 9 ?'?'sr 9? ?N00`90S??zOC+?stS ?'O °??p6?s?o aI? I 1? I !c'?O,k6 o; ?0,? ?5' 5 poo? ?,?STr2oo 6>e?J??0 Op¢? 9pA-160.26' . '20o '`96'?O A =8'10 48' oo ?J SoJ N 7376'31 " W ? CLOSIjRE EXHMff SHEET 1 OF 1 OF A 18,014 3Q. FT. (0.414 AC.) _ PORTION OF SINGLBTON 1fAY (A PUBLIC R/1P) (FORMS'RLY PRINCE33 ANNE ROAD) BEPIIEEN S. 111TCHDUCg ROAD (RTE 190) AND PRINCESS ANNE ROAD (RFLOCATED) (IIdBT No 20130815000505320) VIRGINIA BEACH, VIRGINIA Lmliwpo 41? E=clusively !or Lwid c 6=ng EIN/NIANIJEL 757.431.1041 PROTESTANT EPISCOPAL CFURCH OF KENP8VLLE .? M6NN61Ml SIE 8 YIICIM ff ApK M 1M SCALE: i" = 100' 04 FEBRUARY, 2014 ?CAD/chk: TMF/els lcrry OF VIRGINIA BEACH, VA F.B. P. PLAT: JN:213-0160? 1 ORDINANCE APPROVING APPLICATION OF THE 2 CITY OF VIRGINIA BEACH FOR THE 3 DISCONTINUANCE, CLOSURE AND 4 ABANDONMENT OF A PORTION OF THE RIGHT- 5 OF-WAY OF SINGLETON WAY (FORMERLY 6 PRINCESS ANNE ROAD), ADJACENT TO THE 7 NORTH SIDE OF THE PARCEL IDENTIFIED BY 8 GPIN 1466-68-7951 ("PARCEL C"). 9 10 11 WHEREAS, Princess Anne Road in the City of Virginia Beach has been 12 partially relocated as part of the Princess Anne Road/Kemspville Road Intersection 13 Improvements Project (CIP 2-048); 14 15 WHEREAS, a section of Princess Anne Road in its former location has 16 been re-named Singleton Way; 17 18 WHEREAS, Singleton Way has excess right-of-way area which is no 19 longer needed for traffic flow, as the roadway is being converted from a four-lane road 20 to a two-lane road; 21 22 WHEREAS, the City of Virginia Beach (the "City" or "Applicant") is the fee 23 simple owner of Singleton Way; 24 25 WHEREAS, as part of the Princess Anne Road/Kempsville Road 26 Intersection Improvements Project, the City acquired property and easements from 27 Emmanuel Protestant Episcopal Church of Kempsville (the "Church"); 28 29 WHEREAS, the City proposed as part of a settlement with the Church, 30 that a portion of Singleton Way adjacent to Church property would be closed and 31 conveyed to the Church pending Council approval; 32 33 WHEREAS, the City has applied to the Council of the City of Virginia 34 Beach, Virginia, to have the hereinafter described right-of-way discontinued, closed, and 35 vacated and thereafter conveyed to the Church under certain conditions; and 36 37 WHEREAS, it is the judgment of the Council that said portion of right-of- 38 way be discontinued, closed, and vacated, subject to certain conditions having been 39 met on or before one (1) year from City Council's adoption of this Ordinance. 40 41 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 42 Virginia Beach, Virginia: 43 44 45 GPIN: City right-of-way no GPIN assigned 46 Adjacent to GPIN: 1466-68-7951 47 SECTION I 48 49 That the hereinafter described street be discontinued, closed and vacated, 50 subject to certain conditions being met on or before one (1) year from City Council's 51 adoption of this ordinance: 52 53 PARCEL `C' on Exhibit A 54 ALL THAT certain lot, tract, or parcel of land, together with 55 the improvements thereon belonging, lying, situate and 56 being in the City of Virginia Beach, Virginia and designated 57 as "AREA OF PROPOSED STREET CLOSURE (3,780 SQ. 58 FT., 0.087 AC.)," as shown on that certain plat entitled: 59 "STREET CLOSURE EXHIBIT OF A 3,780 SQ. FT. (0.087 60 AC.) PORTION OF SINGLETON WAY (A PUBLIC RM/) 61 (FORMERLY PRINCESS ANNE ROAD) BETWEEN S. 62 WITCHDUCK ROAD (RTE 190) AND PRINCESS ANNE 63 ROAD (RELOCATED) (INST NO 20130315000305320) 64 VIRGINIA BEACH, VIRGINIA EXCLUSIVELY FrJR 65 EMMANUEL PROTESTANT EPISCOPAL CHURCH OF 66 KEMPSVILLE," Scale: 1" = 50', dated April 25, 2013, 67 prepared by WPL. 68 69 SECTION II 70 71 The following conditions must be met on or before one 1 72 Council's adoption of this ordinance: ?) Ye?r from City 73 74 The City Attorney's Office will make the final determination regarding 75 ownership of the underlying fee. The purchase price to be paid to the City is normally 76 determined according to the "Policy Regarding Purchase of City's Interest in Streets 77 Pursuant to Street Closures" approved by City Council. Copies of the policy are 78 available in the Planning Department. No purchase price shall be charged in this street 79 closure, however, because the City is both the owner of the underlying fee and the 80 Applicant seeking this street closure. 81 82 The City shall ensure that the ro ert ' 83 lines are vacated to incorporate the closed are s i tthe ad oinine? and rnternal lot 84 must be submitted and approved for recordation prior to final st eet c osuae app oval.plat 85 86 The City shall convey the area to Emmanuel Protestant Episcopal Church 87 of Kempsville (the "Church") in conjunction with the resubdivision process. 88 89 The Applicant shall verify that no private utilities exist within the right-of- 90 way proposed for closure. If private utilities do exist, the Applicant or the Church shali 91 provide easements satisfactory to the utility companies. 92 93 94 Clos 95 above stated ure of the noted abo? COnditio ght-of- 96 e are ns within rione waY shall be 97 fhe street, this not i 98 apP?'ova? w ?mbehance with naon f aPprova??bg ? t upon compli co n s i dered null and Year ?f y? t y C o uncil. 'f a n c e wi t h the 99 100 Void, the City ?ouncil ?o? ?Onditions 101 te t? close 1. SECTI p 1p2 2015, this N 111 COUncil. Ordinancef the preCedin ?00? will be deemed nuditi?on S are not fulfill ?06 closure is f2. If all d vO1d without f r?her or before qpril 22 he date COnditions act?on bY the ' 107 the street closureare met on or b City 108 3. °rdinance efore Apr?1 lo9 whatever iS recorded 22 conditions documents he City Nj bY the Ci? ?S, the date of final ? ?? ? p?'ovid , if anY, fhanager °r his Y Attorn?y. 11 ? ed Said docu desi 1 12 ments a e a be required fo ?13 e is authorize t pprOved bY the City q?or with the pre? e?ute 114 ney S Office. edin9 115 Circuit SECTION IV q certified c 11116 OF VlRGIN q B the City of Vir Of this Ord?nan ? ?$ EACH as ?°G gin?a,geach, ce Shall be ? ?9 Adopte rantor and °?Grangeel,a, and inq ed ? he Clerk°S pffic 120 ? daY of d bY the Council o f th n the name p f the CI tTy , 2014, e CitY of Virg;n;a geac T N'S oR?"N A N C E RE h, V i r ginia , on this AL? COUNC ?SM N qFFIRMAT SUF ROVED qs EMBERS ELECTEDOTE pF THREE.F FICIENCY. TO L EGAL ? COUNCIL ?V RTHS O? City qttorney C'q 12554 nVb9o„,o rnIDFg7 R' i 1,yPPli"onslCit YLawProdlcYcom321Ly 4110114 Pd0cs1D0051P020100114333 DpC APpROVE ??I.AS T 0 CONTENT. ( 3 / _ NoTEs: T111 S EXHIBR IS ? PROPpSED NTENDED RIGHr_OF_WAY ro SNOW 1'HE ENDEDAFpR ANY ?RECORp LDE 2. AND Np PE 71?11)ENT PROP REPpRT "HER T ?S) IS ER1Y, AREA S NOT gE NN OCUpR N?RAL ?EF RENOT NCE. S/NQLETON ^' VAR R/W N WA Y OF p?0? ? oR THIS (FORMERL Y PR/NCESS ANNE ROAD) (3>780 SQ, ?? CLOSURE (M.B. 40, P. 8)(M.B. 76, P. 34) A=BS.?,3• ,°ROPps ? /ry? AC) (INST 200302280031557) R 26,3 p?• R/k? [ 4_ 18: , 1 E 1 N 78' 1.3'04 " E 108.57' +1 33?w L I EXISTING - S 02 30 30^ f RIW UNE 7AA9 N 80' 1 g? 756' _? E PROPOSED ? "'i Po/NT OF ?BEG/NN/NG A=54. 7.49' 29 E_1 -4.65' R=273, p, 4=6629'1, MM 5.19' -1 ?=11724'56" 14" CO Po?N7? OF I Q ? A=61.48' ENC?r&lcNT O U 4 _482.5p' I 7'ig?2ry I I N C?J? ? I ry W ? PARCE zz °-? (/NST 1466_68- g C W o 201303150003053 ? N ? ? ? ^ .0 2°? "a° ? -? `' J ? ^ 15 _ r%2 `r?. ? ?, ti I I Z U s? W O O ?S to ? 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APPOINTMENTS ARTS and HUMANITIES COMMISSION AUDIT COMMITTEE BAYFRONT ADVISORY COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRAICT COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE TIDEWATER YOUTH SERVICES COMMISSION TOWING ADVISORY BOARD TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS L. UNFINISHED BUSINESS M. NEW BUSINESS N. 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 ******************?******?**??* FY 2014-201 S RESOURCE MANAGEMENT SCHEDULE May IS` PUBLIC HEARING KEMPSVILLE HS May 6`" Reconciliation Workshop Conference Room May 13`1' City Council Meeting Council Chamber Vote on Budget CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZENDIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS - 4: 00-6: 00 PM CITY COUNCIL RETREAT Economic Development Office Town Center Monday, September 8, 2014 2014 CITYHOLIDAYS A1'etrztrricrl I)cri, _ HoucfcaiJ, =tilcry 2fi Inrlepertclerrce t)rq - FricluV, .lr,lly 4 1 rr.bor Dqy - ??1?la?zrfiry, Sc???tet?zlif?r I V'eterczns I)cq - Trce.stlcry, Noverrxher 11 Thanksgiving 1)rry (rnill)er), r{fter Thrr.nksgic=ing_ TlaursdtrV, :1'oajenrber 27 crrzd 1-rr.day, ;Vr.rvc>nzber 28 f'/rr•istmcrs Eve (IraIf=drrjq - Weclnesdtq, 1)ecember 24 t'lir•istnzrxs 1)ay - T'/rrJxsrltrY, Detenrber 25 CITY OF V/RG[NIA BEACH SUMMARY OF CO(INC/L ACTLONS R O S DATE: 04/08/2014 PAGE: 1 S- H S AGENDA H M A E W ITEM # SUBJECT MOTION VOTE E ) 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 I O O L R Y S E N S D S N N D 1. CITY COUNCIL WORKSHOP A. FY 14-15 Budget 1. QUALITY PHYSICAL EVIRONMENT a. Planning Jack Whimey b. Public Utilities Tom Leahy c. Public Works Phil Davenport/Phil Roehrs IUIIUIVN/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VI-E SESSION F. MINUTES - March 25, 2014 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/H. PRESENTATION: Mayor Sessoms OCEAN LAKES HIGH SCHOOL Councilman Wood L PUBLIC HEARINGS: 1. PROPOSED TAX EXEMPTIONS No Speakers a. Kim's Microboard, Inc. b. Family Christian Resource Center, Inc. 2. FRANCHISE OF CITY PROPERTY No Speakers a. Lifeguard Stands/Storage Boxes in Resort Area J-I a. Ordinance to DESIGNATE Tax Exemptions: a. KIM'S MICROBOARD, INC. ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y 1' CONSENT b. FAMILY CHRISTIAN DEFERAED 11-0 Y Y Y Y Y Y Y Y Y Y 1' RESOURCE CENTERS, INC. INDEFINITELY, BY CONSENT 2. Ordinance to ACCEPT/ ADOPTED, BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE a Grant re Pre-Hospital CONSENT Patient Care CITY OF V7RGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 04/08/2014 PAGE: 2 S- H S AGENDA H M A E W ITF,M # SUBJECT MOTION VOTE E ) 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 R Y S E N S D S N N D 3. Resolution to AUTHORIZE freestanding ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y mobile home at 4231 Charity Neck Road CONSENT DISTRICT 7 - PRINCESS ANNE 4. Ordinance to AUTHORIZE Dedication ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of Performance Stage at 34"Street CONSENT 5. Ordinance GRANTING a Franchise to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y 1' Strategic Art Solutions, LLC re Lifeguard CONSENT Stands/Storage Boxes 6. Ordinance [o ACCEPT/2014 Housing ADOPTED, BY ] l-0 Y Y Y Y Y Y Y Y Y Y 1' Choice Voucher Annual Agency Plan/ CONSENT Revised Administrative Plan/ SUBMIT the Plan to HUD 7 Ordinance to AUTHORIZE ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y ^ . Encroachments into Portion of City r-o-w/ CONSENT S Public Utility Easement at 5445 Connie T Lane for Bribra Baker, Inc. A ? DISTRICT 2- KEMPSVILLE rv e n 8. Ordinance to TRANSFER $250,000 to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y continue PPEA Light Rail Evaluations CONSENT K-1 DON and CONCETTA BRYDGE APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Variance to CZO combine parcels at 3189 CONDITIONED, Indian River Road BY CONSENT DISTRICT 7 - PRINCESS ANNE 2 CROWN CASTLE USA, INC DEFERRED 11_0 y y Y Y Y Y Y Y Y Y Y Communication Tower at Meadow Ridge INDEFINITELY Lane DISTRICT 7 - PRINCESS ANNE 3. MATTHEWALVES APPROVED/ 11_0 Y Y Y Y Y Y Y Y Y Y Y CUP re Home Occupation (firearms/ CONDITIONED, gunsmithing) at 2445 Brush Creek Laue BY CONSENT DISTRICT 6 - BEACH 4 PATRICIA ANNE VOGEL CUP APPROVED! 11-0 Y Y Y Y Y Y Y Y Y Y Y Family Child Daycare at 3712 CONDITIONED, ' CONSENT B} Massanutten Court DISTRICT 1 - CENTERVILLE C/TY OF VIRGLNIA BEACH SUMMARY OF COUNC/L ACTIONS R O S DATE: 04/08/2014 PAGE: 3 S- H S AGENDA H M A E W ITFM # SUBJECT MOTION VOTE E ,1 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 I O O R Y S E N S D S N N D 5 ALLOWED 11-0 Y Y Y Y Y Y Y Y Y Y Y MILLER HOLDING II, LLC. WITHDRAWAL, DISTRICT 4- BAYSIDE BY CONSENT a. Conditional COZ B-2to Conditional B-4 b. CUP re Multi-Family dwellings at 4877 Shore Drive 6 FIVE MILE STRETCH ASSOC DEFERRED TO 11_0 Y Y Y Y Y Y Y Y Y Y Y Conditional COZ from AG-1/AG-2 6/17/14, BY CONSENT Conditional PD-H2 re dwellings at 2800 - 2900 Princess Mne Road DISTRICT 7- PRINCESS ANNE 7 HIF, LLC, HIC, LLC; MACH ONE, DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y l' LLC Conditional COZ from B-2 to 5/13/14, BY CONSENT Conditional A-18 at Windsor Oaks Boulevard South of Holland Road DISTRICT 3 - ROSE HALL 8 NORTHAMPTON EXECUTIVE DEFERRED 11_0 Y Y Y Y Y Y Y Y Y Y Y CENTER, LLC Conditiona] COZ from B- INDEF[NITELY, BY CONSENT 2 to Conditional B-2/Conditional A-36 at 1300 Diamond Springs Road DISTRICT 4 - BAYSIDE APPOINTMENTS RESCHEDULED B Y C O N S E N S U S GREEN RIBBON COMMITTEE OPEN SPACE ADVISORY COMMITTEE TOWING ADVISORY BOARD MINORITY BUSINES COUNCIL Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y l' 2-Year Terms 06/01/14-05/31/16 Carla Bailey Linda M. Bright Amma Guerrier TRANSITION AREA/ITA TRAFFIC Appointed: 1 1-0 Y Y Y Y Y Y Y Y Y Y 1' AREA C1TIZENS ADVISORY Unexpired term thru 2/28/15 plus 2 Years COMMITTEE 02/28/17 Mary Pace 2040 VISION TO ACTION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMUNITY COALITION Kyle D. Korte COMMISSION CITY OF VIRGINIA BEACH SUMMARY OF CODNC/L ACTIONS R O S DATE: 04/08/2014 PAGE: 4 S- H S AGENDA H M A E W ITEM # SUBJECT MOTION VOTE E ,1 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 I O O R Y S E N S D S N N D M!N/O ADJOURNMENT 720 PM PUBLIC COMMENT 721 - 728 PM 2 Speakers fld± FY 2014-201 S RESOURCE MANAGEMENT SCHEDULE April 1 S'h Budget WorkshopBriefings April22nd Budget WorkshopBriefings PUBLIC HEARING City Council Meeting Conference Room Conference Room City Council Chamber May 1 S` PUBLIC HEARING KEMPSVILLE HS May 6`'' Reconciliation Workshop May 13'h City Council Meeting Vote on Budget Conference Room Council Charrcber CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THlRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESS/ONS FIRST T(JESDAYS: OPEN CITIZEN DIALOGUE SECOND/FODRTH TUESDAYS: WORKSHOPS - 4:00-6:00 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 04/08/20 ] 4 PAGE: 5 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 1 S N M 1 O O R Y S E N S D S N N D CITY CDUNC/L RETREAT Economic Development Office Town Centei Monday, September 8, 2014 2014 CITY HOLIDA YS .h9emnrial Dny - ,19anda4, R-lar ?fi indeperrrlertce Przq - Fridqp, .Ital}i 9 Cnhrir 1)ur -:tlourlrt)t Sepzeuthc r 1 b'ePerarrs Dtrr' - %Ytesdat'< -1'ni-rmber 11 7'hanh?givirrg Du;' aud f1nE- nfter 77tatiksgirir:h - 77irar?srfra)'. :?'e?ven3Gn_r 2 ? arrd F?ridau. 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