4 December 11, 2013 Public Hearing APPLICANT:

OUTDOOR VENTURES VIRGINIA BEACH, L.L.C. APPLICANT & PROPERTY OWNER:

CITY OF VIRGINIA BEACH STAFF PLANNER: Kristine Gay REQUEST: (a) Conditional Use Permit (Outdoor Recreation) (b) Change of Zoning (Conditional I -1 Light Industrial to P-1 Preservation) ADDRESS / DESCRIPTION: 717 & 801 General Booth Boulevard GPIN: 2416758858 2416987653 2416678078

ELECTION DISTRICT: BEACH

SITE SIZE: 38.6 Acres | Rezoning Area 42.6 Acres | Project Area

AICUZ: Greater than 75 dB DNL

BACKGROUND / DETAILS OF PROPOSAL The applicant, Outdoor Ventures – Virginia Beach, LLC, requests a Conditional Use Permit (CUP) for Outdoor Recreation to allow use and development of the site for an outdoor aerial adventure ropes course. In both the P-1 Preservation and I-1 Industrial Zoning Districts, outdoor recreational use [such as the type proposed] is a conditional use. In conjunction with the aforementioned Conditional Use Permit, the City of Virginia Beach requests a rezoning of parcels currently zoned I-1 Light Industrial to P-1

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Preservation. The map at the beginning of this report shows the area proposed for rezoning hatched in blue and the area proposed for the Conditional Use Permit hatched in red. The existing I-1 zoning is the result of a rezoning application by the previous owner, who proposed development of the site for officewarehouse type uses. The subject site consists of two parcels, both of which are owned by the City of Virginia Beach. Currently on the site is the Marsh Pavilion of the Virginia Beach Aquarium. The northwestern parcel fronts on Birdneck Road and is currently zoned Conditional I-1 Industrial and P-1 Preservation. Located at the adjoining lot line of the subject parcels are Owls Creek and tidal wetlands. To the east, a pedestrian path along General Booth Boulevard connects the Marsh Pavilion to the main Aquarium building and the main parking lot. The applicant requesting the Conditional Use Permit, Outdoor Ventures Group, LLC, designs, builds and operates Aerial Forest Parks and has been in business since 2008. For the subject site, they have proposed four main components which are organized into two phases of construction. Phase I consists of The Aerial Forest Park and The Labyrinth. The Aerial Forest Park includes 12 aerial routes that begin at a centrally located elevated platform. Routes will include about 160 elements and obstacles and will be marked according to the level of difficulty (ages 5 and up). Elements, and the course in its entirety, are primarily made of wood, rope, and cables. The Labyrinth is a separate climbing area which is smaller and much more contained than the Aerial Forest Park and is reserved for children between 5 and 9 years old. The Labyrinth can accommodate up to 24 guests at one time. With the exception of two to four zip-lines that will traverse over Owls Creek, Phase I construction will take place between Owls Creek and General Booth Boulevard and extend north from the existing Marsh Pavilion, a distance of approximately 1,000 feet. Phase II consists of “The Adrenalin Tower on Thrill Hill” and “The Owls Creek Canopy Path.” The Adrenalin Tower will consist of dual racing zip-lines spanning Owls Creek, a Giant Swing, and a 60-foot free fall called the Powerfan. The Powerfan is an engineered machine that allows you to jump and land safely from 60 feet in the air, while being safely held by a full-harness. There are no bungee cords or parachute devices used. Safety equipment for the Powerfan typically fits individuals 9 years of age and older. The Giant Swing harnesses multiple individuals into a large swing device, which is then pulled back and up to about 40 feet in the air by a winch system. Upon the release participants will experience 2 G’s of force as they swing over the landscape. Phase II is located on the west side of Owls Creek. Implementation of Phase II is contingent on a pedestrian bridge being built across Owls Creek, indicated as Item 13 on the submitted conceptual site plan. After parking on site at the existing parking lots, guests will start their adventure by purchasing tickets inside the Marsh Pavilion. Then, at small structures to the immediate north of the Marsh Pavilion, guests will be fitted with harnesses and protective gear. Guests will then proceed to a briefing station to learn how to use the safety gear that will continuously lock onto safety cables along the routes. Once guests demonstrate the ability to use the climbing gear, they will walk to the main tree platform where all climbing begins. The methods used to construct the facilities are extremely sensitive to the existing natural environment. No heavy construction equipment is used; builders use ropes to secure themselves to trees, and materials are hauled up for installation using only ropes and pulleys. The primary materials are pressuretreated wood, rope, and cable. The safety cables and platforms are attached to trees by wrapping cables around wooden blocks that protect each tree’s ability to grow. As trees get larger, the cables can easily be loosened. In the end, if the aerial routes and platforms were to be removed, it would be extremely difficult to detect their prior existence.

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LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: The site is currently undeveloped The majority of this site is heavily wooded; there is an open sloping lawn area adjacent to the parking lot of the parcel to the south. SURROUNDING LAND USE AND ZONING:

North: South: East: West:

NATURAL RESOURCE AND CULTURAL FEATURES:

      

Vacant wooded area / R-10 Residential District Waterpark / B-2 Community Business District A-12 Apartment District General Booth Boulevard Camp Pendleton / P-1 Preservation District Birdneck Road Undeveloped land / R-10 Residential District

The site is within the Owls Creek watershed. Minor portions of the site have been identified as being located within the 100-year floodplain. Tidal wetlands have also been identified on the site. Any development involving these sensitive areas is subject to review and approval by the Army Corps of Engineers and the City of Virginia Beach Wetlands Board.

COMPREHENSIVE PLAN: Suburban Area The Comprehensive Plan designates this site as being located within Suburban Focus Area 4. More specifically, the subject parcels are located within the Entertainment and Education Center Areas of the Virginia Aquarium and Owls Creek Area Master Plan, adopted by reference as part of the Comprehensive Plan on December 6, 2011. For this area, the master plan includes expansion space for existing attractions, creates new indoor and outdoor attractions, and introduces retail, restaurant, and entertainment space to comprise a mixed-use leisure and entertainment destination. Specific recommendations for this area include an outdoor adventure park geared toward the adrenalin seeking visitors with a zip line and high ropes course (p. 3-17).This area has great potential to be a national example of sustainable growth and economic development geared towards environmental preservation.

IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Access to this site is from General Booth Boulevard. In the vicinity of this application, General Booth Boulevard is a 4-lane major suburban arterial with a variable (120’ to 150’) right-of-way width. The City’s Master Transportation Plan shows an ultimate 6-lane roadway with a right-of-way width of 165 feet for this portion of General Booth Boulevard. No roadway CIP projects are currently planned for this portion of road.

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TRAFFIC:

Street Name General Booth Boulevard

Present Volume 21,400 ADT 1

Present Capacity

Generated Traffic

32,500 ADT 1 (Level of Service “C”) – 37,100 ADT 1 (Level of Service “E”)

Unable to Determine due to the mix of uses on the site 1

Average Daily Trips

WATER: This site is currently connected to the City water system. The existing 3-inch meter (City ID #73589962) and the existing 5/8-inch fire meter (City ID #95019289) can be used or upgraded to accommodate the proposed development. SEWER: This site is currently connected to City sanitary sewer. Analysis of Pump Station #143 and the sanitary sewer collection system is required to ensure any future flows can be accommodated.

EVALUATION AND RECOMMENDATION The applicant, Outdoor Ventures – Virginia Beach, LLC, requests a Conditional Use Permit (CUP) for Outdoor Recreation to allow use and development of the site for an outdoor aerial adventure ropes course, which will be operated in conjunction with the existing use on the site. The proposed use of an outdoor aerial adventure ropes course is an appropriate and complimentary recreational use at this location. Operation of the proposed use will work in conjunction with the existing use by sharing resources such as staff, bathroom facilities, parking, and other interior and exterior site amenities. Said shared amenities have been addressed in the Condition 2 below. The proposed development of the site has been broken down into two phases. Construction of Phase II, which is on the northwestern parcel, is contingent on the City of Virginia Beach constructing a pedestrian bridge, as shown on the conceptual site plan. This pedestrian bridge will also double as service and emergency access to the northwestern parcel. Currently, there is an existing service path leading from General Booth Boulevard into the Phase I area. While Owls Creek is a sensitive natural environment, the construction techniques outlined by Outdoor Ventures, are extremely minimal and sensitive to the existing natural environment. In 2011, City Council adopted the Virginia Aquarium and Owls Creek Area Master Plan, which by reference, is part of the Comprehensive Plan. As specific recommendations for this area include an array of outdoor recreational, educational, and sustainable uses, the request to rezone the northwestern portion of the subject site to P-1 Preservation is consistent with the vision for this area as provided by the Master Plan. For the reasons summarized above, staff recommends approval of this application with the conditions below.

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CONDITIONS 1. Development of the subject site shall substantially conform to the submitted conceptual site plan titled, “The Adventure Park at the Virginia Aquarium,” dated October 1, 2013. 2. The applicant shall submit all necessary plans and obtain all necessary permits and inspections from the Planning Department / Permit and Inspections Division, Health Department, and Fire Department. 3. Approval for the use of any and all shared services or amenities, including but not limited to parking, restrooms, and/or vehicular access, from facilities located on adjacent parcels shall be demonstrated by written agreements. Said written agreements shall be signed by the adjacent property owner(s) and the applicant, and shall be submitted to the Zoning Administrator prior to operation. 4. Any portable bathroom facilities shall be screened by a rigid wooden structure or landscaping. Said portable bathrooms shall not be visible from the public right-of-way. 5. Hours of operation shall coincide with the hours of operation of the existing uses at the Marsh Pavilion and Aquarium. 6. There shall be a minimum of one individual that is First Aid and CPR certified at the site during all activities.

NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site.

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AERIAL OF SITE LOCATION

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PROPOSED SITE PLAN

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Examples of Elements

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2 3

1

5

4 7 6

ZONING HISTORY # 1

2 3 4 5 6 7

DATE 09/09/2008 06/23/1986 04/23/1990 02/26/1990 06/11/1991 11/26/1991 04/14/1992 02/11/2003 01/27/2004 01/27/2004 04/27/2004 04/27/2004 10/26/2004 10/26/2004 06/14/2011 06/14/2011 10/25/2011

REQUEST Modification of Conditions Conditional Use Permit (Outdoor Recreation) Modification of Conditions Modification of Conditions Modification of Conditions Modification of Conditions Modification of Conditions Conditional Use Permit (Indoor Recreation) Conditional Rezoning (R-10, A-12, B-2 to I-1) Modification of Conditions Conditional Rezoning (R-10, A-12 to I-1) Modification of Conditions Modification of Conditions Conditional Use Permit (Bulk Storage Yard) Conditional Use Permit (Recreational Facility) Conditional Rezoning (P-1 to B-2) Conditional Rezoning (A-12 to B-2)

ACTION Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT

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