City of Virginia Beach Agenda Item 5 Page 1 Applicant & Property Owner City of Virginia Beach Public Hearing June 13, 2018 City Council Election District Beach Request Special Exception for Alternative Compliance (Build-to requirement in Oceanfront Resort District Form-Based Code) Staff Recommendation Approval Staff Planner Ashby Moss Location South of 19th Street & east of N. Birdneck Road, extending south to 17th Street & east to just beyond Parks Avenue GPINs 2417661204, 2417760211, 2417763377, 2417769535, 2417866932 Site Size +/- 40 acres AICUZ 70-75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Parking lots and vacant land / OR Surrounding Land Uses and Zoning Districts North Virginia Beach Convention Center, hotel, apartments, fast food restaurant / OR Oceanfront Resort, A-36 Apartment, RT-3 Resort Tourist South Commercial uses, bulk storage, mobile home park / B-2 Community Business, A-12 Apartment, RT-3 Resort Tourist East Virginia Beach Police, Fire & EMS Stations, commercial strip center / OR Oceanfront Resort West Church, auto repair / OR Oceanfront Resort Agenda Item 5
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City of Virginia Beach Agenda Item 5
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Applicant & Property Owner City of Virginia Beach Public Hearing June 13, 2018
City Council Election District Beach
Request Special Exception for Alternative Compliance (Build-to requirement in Oceanfront Resort District Form-Based Code) Staff Recommendation Approval Staff Planner Ashby Moss Location South of 19th Street & east of N. Birdneck Road, extending south to 17th Street & east to just beyond Parks Avenue GPINs 2417661204, 2417760211, 2417763377, 2417769535, 2417866932 Site Size +/- 40 acres AICUZ 70-75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Parking lots and vacant land / OR Surrounding Land Uses and Zoning Districts North Virginia Beach Convention Center, hotel, apartments, fast food restaurant / OR Oceanfront Resort, A-36 Apartment, RT-3 Resort Tourist South Commercial uses, bulk storage, mobile home park / B-2 Community Business, A-12 Apartment, RT-3 Resort Tourist East Virginia Beach Police, Fire & EMS Stations, commercial strip center / OR Oceanfront Resort West Church, auto repair / OR Oceanfront Resort
Agenda Item 5
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• The request for a Special Exception for Alternative Compliance is to develop a Sports Center building complex
and surrounding surface parking lots totaling 1,110 parking spaces. The proposed site layout does not meet the Oceanfront Resort District Form-Based Code's “build-to” requirement for a Civic Building type on a Gateway frontage. The prescribed form requires a building to be placed between 5 and 35 feet from the right-of-way (the build-to zone) along at least 50% of the site's street frontage. Since the proposed building footprint is entirely outside of the build-to zone, a Special Exception for Alternative Compliance is needed.
• The proposed Sports Center will attract multiple sports-tourism events that the City has not been able to
compete for in the past. Two primary facilities have been designed to house a variety of sports including basketball, volleyball, wrestling, gymnastics, cheer, field hockey and indoor track. The indoor track facility will be designed to current NCAA indoor track & field standards and includes over 4,400 spectator seats. The courts facility includes areas for spectator seating along with a mezzanine that includes seating and camping areas for teams. The complex has a kitchen and dining areas easily accessible between the courts and the track along with a training room, team meeting rooms, areas for coaches and recruiters, building administration and other support areas.
• The total floor area of the facility is approximately 285,000 square feet on a footprint of approximately 245,000
square feet. The maximum building height reaches 55 feet at the two ridges, while typical wall heights are approximately 35 feet. To reduce the scale of the building perimeter, the complex is separated into two primary forms housing the competition courts and the track with lower spaces between and around the two forms housing support facilities. These forms have been strategically oriented around the adjacent water feature with the main entry to the facility accessed from 19th Street via a 30,000 square foot plaza overlooking the water feature. This strategy is inviting to visitors from all sides of the facility and encourages use of the parking to the west of the Center. The exterior building materials include three colors of silver/gray metal panels and glass along with translucent polycarbonate panels. Each material has been selected to complement the materials of the adjacent Convention Center while providing a durable, functional cladding for the facility. Additional site features such as wood decking at the main entrance, bollards and pedestrian scale lighting have been included to visually connect with the Convention Center. The lobby is open and inviting with views to the adjacent water feature and the entry plaza area.
• Alternative Compliance to the Oceanfront Resort District (ORD)
The Form-Based Code (FBC) is the zoning regulation for land use and development in the ORD, which prescribes specific building and design forms (i.e., build-to, transparency, height, setbacks, etc.). There are, however, two other sets of provisions under which property may be developed that provide greater flexibility as necessary. The first is the “Optional Forms of Development (OFD),” which is a by-right option administered by the City Staff that can be applied when the purpose of a prescribed form is fulfilled to an equal or greater degree by a different design solution. The second is “Alternative Compliance (AC),” which requires approval by the City Council in the form of a Special Exception. As the granting of a Special Exception by the City Council is a legislative act, Alternative Compliance allows for an even higher degree of flexibility than the Optional Forms of Development. Section 7.3.3 of the FBC provides the ‘Review Standards’ for these applications: A. Applications for Alternative Compliance shall be evaluated for consistency with the following standards,
and the City Council, in deciding whether to allow Alternative Compliance, shall consider the extent to which the proposed development, taken as a whole:
Background and Summary of Proposal
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1. Advances the stated goals and objectives of the Resort Area Strategic Action Plan and this Code, and specifically, the extent to which the proposed development:
a. Promotes modes of transportation other than the automobile, including walking and transit;
b. Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians; and
c. Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place.
2. Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code;
3. Is physically and functionally integrated with the built environment in which it is located; and 4. Advances the goals and objectives of the parking strategy for the District.
B. The City Council shall also consider the potential impacts of the proposed deviation on surrounding
properties and the extent to which any adverse impacts from such deviation can be mitigated.
Zoning History # Request 1 ALT (Arena) Approved 03/17/2015 1 MEV (Signs) Approved 03/17/2015 2 STC (Jefferson Avenue) Approved 10/04/2005 3 STC (Monroe Avenue) Approved 10/04/2005 4 STC (Washington Avenue) Approved 10/04/2005 5 STC (Norfolk Place) Approved 10/04/2005 6 STC (alley east and west of Parks Avenue between 18th
St and 19th St) Approved 10/04/2005 7 STC (Parks Avenue) Approved 10/04/2005 8 CUP (church-expand parking lot) Approved 12/03/2002 9 STC (alley between Virginia Beach Blvd and 18th St)
Approved 01/12/1999 10 REZ (RT-3 to A-36) Approved 09/28/1999
Application Types CUP – Conditional Use Permit REZ – Rezoning CRZ – Conditional Rezoning
MOD – Modification of Conditions or Proffers NON – Nonconforming Use STC – Street Closure
FVR – Floodplain Variance ALT – Alternative Compliance SVR – Subdivision Variance
The Oceanfront Resort District Form-Based Code regulates the use and development of land through a system of Street Frontages and Building Types. The streets surrounding the subject site are classified as “Gateway” Street Frontages, which permit the “Civic Building” building type that is proposed. However, the proposed building will not meet the “Build-To” building placement requirements for Civic Buildings, which require building(s) to be placed within 35 feet of each right-of-way and to occupy at least 50 percent of the street frontage. Therefore, this proposal requires City Council approval of a Special Exception for Alternative Compliance.
Evaluation and Recommendation
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As noted in the Background section of this report, Section 7.3.3 of the FBC provides the ‘Review Standards’ for Alternative Compliance applications, noting that the City Council “shall consider the extent to which the proposed development, taken as a whole,” satisfies the standards. Each of those standards is listed below, with a Staff comment pertaining to the degree to which the applicant’s proposal meets each: Advances the stated goals and objectives of the Resort Area Strategic Action Plan and this Code, and specifically, the extent to which the proposed development:
• Promotes modes of transportation other than the automobile, including walking and transit. Staff Comments: This site will include an enhanced internal multi-purpose path and internal sidewalks linking the building's entrances to the exterior sidewalk and street network. Existing HRT bus stops on 17th Street/Virginia Beach Boulevard will be improved with a concrete pad for a future shelter. Sidewalks will be added where gaps currently exist along the perimeter streets. Bicycle parking and drop-off areas for ride-sharing services will be provided near building entrances.
• Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians. Staff Comments: Enhanced pedestrian pathways will interconnect and integrate the Sports Center with the pedestrian plaza, Veterans Memorial, and Convention Center to create a vibrant and inviting community space.
• Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. Staff Comments: The Sports Center will provide a new facility properly equipped to handle the many sporting events and competitions that are already being held at the Convention Center plus new sporting events requiring specialized facilities that are currently not available. This will open up opportunities for more traditional events at the Convention Center, all of which will enliven this anchor of the Central Beach District. Both entities will work together to share parking and coordinate events to improve the visitor experience at both facilities.
• Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code. Staff Comments: The site is bordered by the Gateway frontage type, which is the Oceanfront Resort District's most automobile-oriented frontage intended to carry the heaviest volumes of vehicular traffic through the district. This is consistent with the proposed use, which will draw visitors arriving predominately by automobiles.
• Is physically and functionally integrated with the built environment in which it is located. Staff Comments: As another large venue building, the proposed Sports Center is compatible with the Convention Center both in scale and use. The two buildings are offset just enough to improve the sense of place without overpowering the site in one location. Similarly designed outdoor amenity spaces and pedestrian paths tie the two facilities together.
• Advances the goals and objectives of the parking strategy for the District. Staff Comments: The 1,110 surface parking spaces included with the Sports Center project combined with the remaining Convention Center spaces total 2,463 spaces. This shared resource provides a significant contribution to the City's parking inventory. In addition to supporting Sports Center and Convention Center events, the parking areas also offer an opportunity for satellite parking during special events at the oceanfront that do not conflict with Sports Center/Convention Center events. In addition, the site will accommodate alternative modes of transportation, including pedestrians, bikes, buses, and ride-sharing services.
• The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. Staff Comments: The proposed deviation from the FBC is the absence of buildings within the build-to zone on the various street frontages. The purpose of the build-to requirement is “to activate the street frontage by locating building facades close to the street, thereby providing an interesting, pedestrian-oriented streetscape” (p. 7-4 ORDFBC). Deviating from this requirement does not adversely impact surrounding properties due to the level of activity that will be generated by the Sports Center programming and facilities. The Sports Center will draw visitors year round,
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directly addressing one of the most challenging goals of the Resort Area Strategic Action Plan. The code deviation is further mitigated by new and refreshed outdoor amenity spaces throughout the site and generous landscape buffers between the parking lots and streets.
Based on the conclusion that the proposed use and associated structures satisfy the standards above to the greatest extent possible, Staff recommends approval of this Special Exception for Alternative Compliance to the Form-Based Code.
The Resort Area Strategic Action Plan (RASAP), adopted in December 2008, is the guiding planning policy for land use and development in the Oceanfront Resort District. The Resort Area is recognized as an area where revitalization efforts have and continue to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth. The RASAP recommends creating great districts with distinctive identities, improving transit and pedestrian connections between destinations, creating a transition from the resort to the neighborhoods, and continuing to focus on achieving a year-round resort. The RASAP also calls for a district parking strategy with centralized and shared parking to alleviate growing traffic demand, reduce surface parking, and concentrate traffic flow.
Street Name Present Volume Present Capacity Generated Traffic
19th Street (Four-lane undivided minor urban arterial)
1 Average Daily Trips 2 as defined by parking lot to support Convention Center
3 as defined by Sports Center (not included in ITE Manual)
4 LOS = Level of Service
Master Transportation Plan (MTP) and Capital Improvement Program (CIP) 19th Street in the vicinity of this application is considered a four-lane undivided minor urban arterial. The existing infrastructure currently resides in an 80-foot & variable width right-of-way. It is not included in the current MTP. Currently, this segment of roadway is functioning under capacity at a Level of Service C or better. Virginia Beach Boulevard in the vicinity of this application is considered a four-lane undivided minor urban arterial. The existing infrastructure currently resides in a variable width right-of-way. The MTP proposes a four-lane facility within a 145-foot right-of-way. Currently, this segment of roadway is functioning under capacity at a Level of Service C or better. Parks Avenue in the vicinity of this application is considered a four-lane undivided collector. The existing infrastructure currently resides in a 60-foot right-of-way. It is not included in the current Master Transportation Plan. Currently, this segment of roadway is functioning under capacity at a Level of Service A.
Comprehensive Plan Recommendations
Traffic Impacts
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Birdneck Road in the vicinity of this application is considered a four-lane divided minor urban arterial. The existing infrastructure currently resides in a variable width right-of-way. The MTP proposes a six-lane facility within a 165-foot right-of-way. Currently, this segment of roadway is functioning over capacity at a Level of Service F. There are no roadway CIP projects slated for the immediate area surrounding the Sport Center.
Water This site is currently connected to City water. There are several City water mains along the streets surrounding the subject site. The existing infrastructure has adequate capacity to serve the proposed Sports Center. Sewer This site is currently connected to City sanitary sewer. Pump Station #114 is the receiving sanitary sewer pump station for this site. There is a City sewer main along 19th Street fronting the subject site. The existing infrastructure has adequate capacity to serve the proposed Sports Center.
