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HomeMy WebLinkAboutJUNE 14, 1994 MINUTESo£ Virginita B scl - "WORLD'S LARGEST RESORT CITY" CITY COUNCIL ,MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILLIAM D SESSOMS, JR., At-Large JOHN A. BAUM, Blackwater Borough LINWOOD O. BRANCf'I, III, Virginia Beach Borough ROBERT K. DEAN, Princess Anne Borough W W. HARRISON, JR., Lynnhaven Borough BARBARA M. HENLEY. Pungo Borough LOUIS R. JONES, Bayside Borough JOHN D MOSS, At-Large NANCY K. PARKER. At-Large LOUISA M. STRAYHORN, K~mpsville Borough JAMES K. SPORE, C~ty Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH. CMC / AAE, City Clerk CITY COUNCIL AGENDA 281 CITY HALL BUILDING MUNICIPAL CENTER VIR(;INIA BEACH, VIRGINIA 23456-9005 f804~ 427-4303 JUNE 14, 1994 CITY MANAGER'S BRIEFINGS - Council Chamber - 10:00 AM Bayside Boat Launch Carl Thoren, P.E., Beach Management Engineer Regional Approach to Economic Development W. Andrew Burke, Director, Economic Development Pavilion Expansion and Hotel Feasibility Jim Ricketts, Director, Convention & Visitor Development Billing System Changes for Personal Property Taxes John T. Atkinson, City Treasurer II. INFORMAL SESSION CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL RECESS TO EXECUTIVE SESSION - Council Chamber - 12:30 PM II1. FORMAL SESSION A. B. - Council Chamber - CALL TO ORDER - Mayor Meyera E. Oberndorf INVOCATION: Reverend Samuel D. Belier Trinity Tabernacle Fellowship Church 2:00 PM D. E. F. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF EXECUTIVE SESSION MINUTES 1. INFORMAL & FORMAL SESSIONS - June 7,1994 MAYOR'S PRESENTATIONS 1. MISS VIRGINIA BEACH - Lynne Economou 2. MISS TIDEWATER - Tamara Rogers PUBUC HEARING 1. Proposed issuance of GENERAL OBLIGATION BONDS to increase FY 1994-1995 Capital Budget re SEATACK COMMUNITY CENTER EXPANSION $1,982,000 ORDINANCES Ordinance to AMEND the FY 1994-1995 Capital Budget to include the establishment of the Seatack Community Center Expansion project; and, to APPROPRIATE $1,982,000 in General Obligation Bonds for expansion of Seatack Community Center re swimming pool and gymnasium with shower and changing areas. Ordinance to AMEND and REORDAIN Chapter 2, Article III, Divisions 1 and 2 of the Code of the City of Virginia Beach, Virginia, by AMENDING Section 2-84 re annual leave; and, AMENDING Sections 2-101,2-102, 2-103, 2-104, 2-105, 2-106, 2-107, 2-108, 2-109, 2-110, 2-111, 2-112 and 2-116; and, ADDING Sections 2-117, 2-117.1 and 2-117.2 re administration of the basic pay plan. (Deferred 5/10/94) Ordinance to AMEND and REORDAIN Chapter 21, Article Xl, Division 4 of the Code of the City of Virginia Beach, Virginia, re residential parking permits. Ordinance to AMEND and REORDAIN Sections 21-374.1, 21-402 and 21-440.11 of the Code of the City of Virginia Beach, Virginia, re parking. Ordinance to APPROPRIATE $46,000 to the FY 1994-1995 Operating Budget of the Parking Systems Management Office; and, to APPROPRIATE $27,000 to the Tourism Growth Investment Fund Reserve (TGIF), increasing estimated revenues accordingly. Ordinance to TRANSFER $122,440 within various School Capital Improvement projects to meet funding needs for completion of projects at Tallwood and First Colonial High Schools. (Deferred 6/7/94) CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. Ordinance to AMEND and REORDAIN Sections 21-116, 21-128, 21-207, 21-246, 21- 253, 21-296, 21-371, 21-442, and 21-443 of the Code of the City of Virginia Beach, Virginia, re motor vehicles and traffic. Ordinance to AMEND and REORDAIN Chapter 21, Article X of the Code of the City of Virgina Beach, Virginia, by AMENDING Sections 21-336, 21-337, 21-338, 21-339, 21- 340, and 21-341; and, ADDING a new Section 21-336.1 re driving while under the influence of alcohol and/or drugs. Ordinance to REDUCE by $9,000 the total FY 1994-1995 Operating Budget eliminating fees at the Pendleton Parking Lot; to TRANSFER $67,134 from the Reserve for Contingencies re police, parking spaces, increasing hours of parking lot and emergency medical services for Croatan; and, to adjust the Reserve for Contingencies accordingly. Resolution to AUTHORIZE the Department of Public Works' revised SPECIFICATION AND STANDARDS developed by City Staff and reviewed by applicable City agencies and the local consultant engineering community with input from the Tidewater Association. Ordinance to authorize license refunds of $26,878.70. Builders Ko PUBUC HEARING 1. PLANNING Petition of TATE TERRACE REALTY INVESTORS, INC., for the discontinuance, closure and abandonment of a portion of Raynor Drive at the Northwest intersection of Raynor Drive and Jurgen Court, containing 584 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL bo Petition of EASTMAN ENTERPRISES, INC. for the discontinuance, closure and abandonment of a portion of Dam Neck Road at the Southwest intersection of Dam Neck Road and London Bridge Road, containing 27,799 square feet (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL Application of STEVE STEINHILBER and Resolution to authorize an enlargement of a nonconforming use at 652 Thalia Road to construct a 740 square foot addition to the existing restaurant (KEMPSVILLE BOROUGH). Recommendation: APPROVAL Applications of THOMAS A. SEWELL re 2429 W. Landing Road (PRINCESS ANNE BOROUGH): (1) Variance to the minimum lot width requirement for the AG-1 and AG-2 Agricultural Districts of the City Zoning Ordinance; and, (2) Conditional Use Permit for a single family dwelling in the Agricultural District on the South side of West Landing Road, West of West Neck Road, containing 5.77 acres. Recommendation: APPROVAL Application of COURTHOUSE COMMUNITY UNITED METHODIST CHURCH for a Conditional Use Permit for a preschool in an existing church on the Northeast side of Princess Anne Road, 1820 feet more or less Northwest of Ferrell Parkway (2708 Princess Anne Road), containing 6.328 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL Application of DEMETRIOS T. KOULOUKIS for a Conditional Use Permit for motor vehicle sales on the South side of Virginia Beach Boulevard, West of Dorset Avenue (5033 Virginia Beach Boulevard), containing 30,301 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL Application of HOLLAND FARMS, L. LC. for a Conditional Change of Zoning District Classification from A-12 Apartment District to R-5D Residential Duplex District on the Southeast side of Warwick Drive, 670 feet more or less Northeast of Holland Road, containing 23.5 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL Applications of BEL-AIRE, INC. & KING'S WAY CORP. for Conditional Change of Zoning District Classifications on the North side of Dam Neck Road and East of General Booth Boulevard (PRINCESS ANNE BOROUGH): (1) From A-12 Apartment District and B-2 C0mmunity Business District to Conditional B-2 Community Business District. containing 36.47 acres; and, (2) From A-12 Apartment District to A-18 Apartment District, containing 43.36 acres. Recommendation: APPROVAL Application of CREEDS ASSOCIATES & M. M. ROLUNS, JR., for a Conditional Use Permit for single family dwellings in the Agricultural Districts on the East side of Princess Anne Road, 280 feet more or less South of Morris Neck Road, containing 88 acres (PUNGO BOROUGH). Recommendation: APPROVAL Application of TIDEWATER REGIONAL GROUP HOME COMMISSION for a Conditional Use Permit for a group home on the South side of Americus Avenue beginning at a point 350 feet more or less West of Birdneck Road, containing 30,657.52 square feet (LYNNHAVEN BOROUGH). Recommendation: DENIAL City of Virginia Beach Ordinances to AMEND and REORDAIN the City Zoning Ordinance: (1) (2) (3) (4) (5) (6) (7) (8) Sections 111 and 1401 re definitions. Section 201 re yards. Section 203 re off-site parking requirements. Section 211 re signs permitted in all districts. Section 235 re housing for the aged, disabled and handicapped. Sections 401, 501, 601, 801, 901, 1001, 1511, 1521 re regulations. Sections 602 and 1522 re dimensional requirements. Section 1005 re sign regulations. use Deferred: May 24, 1994 (9) Section 1501 re use regulations in the RT-1 Resort Tourist District. Recommendation: APPROVAL Ordinance to AMEND and REORDAIN Section 6.3 of the Subdivision Ordinance of the City of Virginia Beach, Virginia, re final plats and data. Deferred: May 24, 1994 Recommendation: APPROVAL Ordinance to AMEND and REORDAIN Appendix F, Sections 106, 108, 110, 113 and 114 of the Chesapeake Bay Preservation Area Ordinance of the City of Virginia Beach, Virginia, re minor projects, performance standards, plan of development process, variances and appeals. Deferred: May 24, 1994 Recommendation: APPROVAL Application of RESIDENTIAL CONCEPTS, LTD., by Robert M. Johnson, for a Col3ditional Use Permit for a flex suite on Lot 153, Church Point (4044 Timber Ridge Drive), containing 17,424 square feet (BAYSIDE BOROUGH). Deferred: May 24, 1994 Recommendation: APPROVAL Ordinance to AMEND and REORDAIN Appendix E, Sections 1.2 and 1.4 of the Tree Planting, Preservation and Replacement Ordinance of the City of Virginia Beach re residential and street trees and bonding requirements. Recommendation: APPROVAL Application of the Virginia Beach Development Authority for modification of conditions (approved April 23, 1991) in the B-3 Community Business District re permitting business and vocational schools on the Southern portion of the site at the Southwest intersection of Independence Boulevard and Baxter Road, containing 25.38 acres; and, to AUTHORIZE an agreement between the City of Virginia Beach and the Development Authority encompassing these amended proffers (KEMPSVILLE BOROUGH). Recommendation: APPROVAL L. UNFINISHED BUSINESS M. NEW BUSINESS COUNCIL-SPONSOREDITEMS: ao Resolution to direct the Planning Commission to study and forward its recommendation to the City Council re proposed amendments to Sections 1511 and 1521 of the City Zoning Ordinance re eating and drinking establishments in RT-2 and RT-3 Districts. (Sponsored by Councilman Linwood O. Branch) Ordinance to AMEND and REORDAIN Section 23-7 of the Code of the City of Virginia Beach, Virginia, by ADDING new Section 23-7.2 re security check points. (Sponsored by Councilman Paul J. Lanteigne) Co Resolution to request the TIDEWATER TRANSPORTATION DISTRICT COMMISSION (TTDC/'FRT) conduct no further LIGHT RAIL studies; expend no additional funds; and, evaluate alternatives for transportation other than LIGHT RAIL consistent with the Virginia Beach Comprehensive Plan, employment patterns and trends, as well as housing density. (Sponsored by Council Members Nancy K. Parker and John D. Moss) N. ADJOURNMENT 6/9/94bap AG EN DA\6-14-94.PLN If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 14, 1994 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 14, 1994, at 10:00 A.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Absent: James W.. Brazier, Jr. Paul J. Lanteigne John D. Moss Vice Mayor William D. Sessoms, Jr. [ENTERED: EXECUTIVE SESSION] [ENTERED: 2:10 P.M.] [ENTERED: 10:12 A.M.] [ENTERED: 10:45 A.M. - BUSINESS COMMITMENT AT BANK] Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank. The Vice Mayor regularly files this Disclosure with the City Clerk as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of June 14, 1994, is hereby made a part of the record. -2- CITY MANAGER'S BRIEFING BAYSIDE BOAT LAUNCH 10:00 A.M. City of Virginia Bcach WILLIAM D. SESSOMS, JR. VICE MAYOR 809 GREENTREE ARCH VIRGINIA BEACH, VIRGINIA 23451 (804) 473-3926 June 14, 1994 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Conflict of Interests Act Dear Mrs. Smith: In accordance with my letter to you dated August 10, 1993, I have thoroughly reviewed the agenda for the June 14, 1994, meeting of City Council for the purpose of identifying any matters in which I might have an actual or potential conflict under the Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best of my knowledge, with the exception of the application of Tidewater Regional Group Home Commission for a conditional use permit, which was deferred and on which I abstained, there are no matters on the agenda in which I have a "personal interest," as defined in the Act, either individually or in my capacity as an officer of Central Fidelity Bank. Accordingly, I respectfully request that you record this letter in the official records of the Council. Thank you for your assistance and cooperation in this matter. Very truly yours, William D. Sessoms, Jr. Vice-Mayor WDS,Jr./clb -3- CITY MANAGER'S BRIEFING REGIONAL APPROACH TO ECONOMIC DEVELOPMENT 10:47 A.M. ITEM # 38060 W.. Andrew Burke, Director - Economic Development, advised Forward Hampton Roads is currently soliciting direct financial commitments of $40,000 each from the Cities of Chesapeake, Norfolk and Virginia Beach and $20,000 from the Cities of Portsmouth and Suffolk in each of five fiscal years, beginning in 1994. Since FY 1991-92, the Department of Economic Development has made a commitment to Forward Hampton Roads to provide up to $25,000 to support joint marketing efforts and to participate in foreign and domestic marketing trips and trade shows. These funds were made available through the Economic Development advertising and promotion budget, not through any additional allocation from the General Fund. The $160,000 collected from the five cities each year wouM be matched by Forward Hampton Roads to create a pool of $320,000 annually, to be invested in advertising the Hampton Roads region as a place to locate or expand businesses. Mr. Burke recommended the City continue the current practice of supporting joint marketing efforts to participate in foreign and domestic marketing trips and trade shows with Forward Hampton Roads but to increase the annual limit from $25,000 to $40,000. The additional $15,000 is to come from General Fund Reserve for Contingencies. Once commitments for full participation from the other four members cities have been made, the $40,000 would be used to provide the City's share in the advertising program in FY 1995-96. The City's commitment wouM be for one year only, subject to the review of the effectiveness of the Regional Approach Advertising Program. BY CONSENSUS, this item will be SCHEDULED for the City Council Session of June 28, 1994. June 14, 1994 -4- CITY MANAGER'S BRIEFING PAVILION EXPANSION AND HOTEL FEASIBILITY 11:18 A.M. ITEM # 38061 Jim Ricketts, Director - Convention and l~sitor Development, advised in June 1993, the firms of W'dliams, Tazewell and Associates and Thompson, Ventulet, Stainback and Associates (WTA/TVSA) were selected to perform the professional services associated with the Pavilion expansion, including a site analysis of existing and alternative locations. The firm of KMPG Peat Marwick was engaged by WTA/TI/SA in January 1994 to address the market potential of a flagship convention hotel, either as a part of the expanded center or at an alternate location on the oceanfront. Brad Tazewell, of Williams, Tazewell and Associates, advised they were assigned five (5) sites to evaluate: Existing Pavilion Site McClesky Site Dome Site Rudee Inlet/Loop Site 31st Street Site They attempted to evaluate each one from many different standpoints - access, adequate parking, relationship to services, environmental, economic and symbolic factors, site capability, availability and cost. The footprint required for a Convention Center involves approximately 10 acres plus parking. The Thirty- first Street site is only 3.7 acres. The Rudee Inlet/Loop site is 9.55 acres, is not owned by the City and not easily accessible. The Dome site is 8 acres, but not a waterfront site. The McClesky site is 29 acres, but has major disadvantages. Access is difficult and is located within a residential neighborhood This site is not owned by the City, and is not visible from the Expressway. The existing Pavilion site is owned by the City and encompasses a $20 to $25-MILLION investment. This site has a magnificent view from the Expressway. While the project is being completed, the City can still remain in business. Mike Ezell, Senior Principal - Thompson, Ventulet, Stainback and Associates, advised the modified test program, established prior to the site analysis, was then applied to the Pavilion Site. This basically represents 260,000 square feet of new facility. Mr. Ezell displayed a site plan of the proposed construction. TI/SA has attempted to develop conceptual ideas to demonstrate the adequacy of the Pavilion site for an expansion of this particular size. The eastern portion of the site is proposed to be utilized for the primary new construction and incorporate a four-level parking garage. The Nineteenth Street entrance will function primarily as the point of arrival for those individuals coming to and from the hotels on the beaches and a ceremonial entrance, which could, over time, develop into a second major entrance off Twenty-first street. A new exhibit hall is proposed, which can be expanded to the east and utilization of the existing ballroom complex as meeting room and ballroom area. The current image of the Pavilion needs addressing. John Simon, Principal Partner - KPMG Peat Marwick, advised of the scope of the Convention Center Hotel Study: Assessed the local lodging market Assessed the merits of three sites Estimated proposed hotel performance Identified public investment options. June 14, 1994 -5- CITY MANAGER'S BRIEFING PAVILION EXPANSION AND HOTEL FEASIBILITY ITEM # 38061 (Continued) Jeff Sachs, Manager for International Real Estate and Hospitality - KPMG Peat Marwick, advised findings were based on: Analysis of industry trends Interviews with community leaders Pavilion Expansion Feasibility Study Interviews with local hotel management Analysis of Comparable and competitive hotels Site tours Lodging Supply and Demand Analysis Virginia Beach is in a period of conservative growth. The population average annual growth rates: 3.5% 1980 through 1993, 1.0% - 1990 through 1993 and 0.7% projected through 200. The existing hotel room supply consists of approximately 11,000 rooms, the Virginia Beach lodging market is highly seasonal. Of the 11,000 rooms, six hotels are expected to compete with a proposed convention center: Cavalier Hotel Sheraton Inn Radisson at the Convention Center Ramada Oceanside Tower Virginia Beach Resort and Conference Center Holiday Inn 39th Street The market is approximately 45% leisure/commercial and 55% group meetings of the aforementioned six convention style hotels. Peat Marwick was asked to evaluate three sites: Rudee Inlet 31st Street Convention Center Early discussions indicated the hotel would need to offer approximately 400 rooms to help support the convention center, its expansion and other in-house groups. A 400-room convention hotel would be comprised of approximately 270,000 total square feet after accounting for guest rooms, corridors, meeting space, prefunction areas and other support spaces. The proposed hotel wouM require a site size of approximately 5 acres. The three sites were evaluated based on a number of criteria: Site Marketability, Site, Site Accessibility and Ingress/Egress, Site Development Costs and Site Availability. The Rudee Inlet site is comprised of 9.6 acres and the site matrix indicated this site had the most potential. Proposed hotel performance was estimated for the top two sites, Rudee Inlet and Convention Center. NEXT STEPS Determine under what conditions the project is financially feasible Determine level of warranted public investment Liknit the City's exposure Solicit developer teams Monitor the development process to ensure City goals are realized. June 14, 1994 -6- ITEM # $8062 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 14, 1994, at 1:08 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert IC Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: James W. Brazier, Jr. and Paul J. Lanteigne June 14, 1994 -7- ITEM # 38063 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-heM property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To-Wit: Amphitheater Site - Princess Anne Borough Upon motion by Fice Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I(. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Paul J. Lanteigne June 14, 1994 -8- FORMAL SESION VIRGINIA BEACH CITY COUNCIL June 14, 1994 1:30 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 14, 1994, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert IC Dean, Louis t~ Jones, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: James W. Brazier, Jr. Paul J. Lanteigne [ENTERED: 2:20 P.M. AJTENDING SALLY ROGERS' FUNERAL] [ENTERED: 2:20 P.M. AITENDING SALLY ROGERS' FUNERAL] INVOCATION: Reverend Samuel D Beiler Trinity Tabernacle Fellowship Church PLEDGE OF ,4LLF~GIANCE TO THE FLAG OF THE UNITED STATES OF AME~C,4 June 14, 1994 -9- Item III-E. 1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 38064 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 8-0 Council Members Voting Aye: John ~ Baum, Robert W. CIyburn, Robert I~ Dean, Louis iL Jones, John D. Moss, Mayor Meyera E. Obernclo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III, James W.. Brazier, Jr. and Paul J. Lanteigne June 14, 1994 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 38063, Page No. 7, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business, matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. ' R~tl~ Hodges Sm~h, CMC/AAE City Clerk June 14, 1994 - 10 - Item III-F. 1. MINUTES ITEM # 38065 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of June 7, 1994. Voting: 7-0 Council Members I/'oting Aye: John A. Baum, Robert W. Clyburn, Robert IC Dean, Louis R. Jones, John D. Moss, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Mayor Meyera E. Oberndorf Council Members Absent: Linwood O. Branch, III, James W.. Brazier, Jr. and Paul J. Lanteigne Mayor Oberndorf ABSTAINED as she was not in attendance during the City Council Session of June 7, 1994. June 14, 1994 - 11 - Item III-G. 1. ADD-ON MAYOR'S PRESENTATIONS ITEM # 38066 Today, June 14, 1994, is Flag Day. The DAUGHTERS OF THE AMERICAN REVOLUTION presented the United States Flag, which the Honorable Charles Robb had flown over the United Sates Capitol, to the Mayor and Members of City Council: Mary Anne Nixon Francis Land Chapter Ruth Stein Adam Thoroughgood Chapter Edwina Walsh Princess Anne County Chapter Cathy F. Anderson Lynnhaven Parish Chapter June 14, 1994 - 12 - MA YOR'S PRESENTATIONS ADD-ON ITEM# 38067 The Mayor's Veterans Committee represented by the Honorable Harold Heischober - Army, Mike Eaton - Coast Guard, William L. Myers, Sr. - Air Force, presented to the Mayor and the City Council: CERTIFICATE DESIGNATING CITY OF VIRGINIA BEACH, VIRGINIA ASA WORLD WAR II COMMEMORATIVE COMMUNITY Mr. Heischober read into the record correspondence of Congressman Pickett regarding this designation. Said letter and designation is hereby made a part of the record. June 14, 1994 - 13 - Item III-G.3. MAYOR'S PRESENTATIONS ITEM # 38068 ADD-ON Mary McGeachy, K-Mart, advised over 220,000 second graders from Alaska to Florida participated in the "It's Snap!" Program environmental education program. Linda Solomon, photographer and "It's A Snap" spokesperson, introduced Jennifer IO'nney, 8, recipient of First Place, and her two sisters. The First Place photo of "fish in a pond" received $500 worth of Kodak Camera equipment and supplies. Dan Malloy, Manager - K-Marg presented a framed copy of the photograph to the Mayor and Members of City Council. This photograph will be permanently on the set of Good Morning America. June 14, 1994 - 14 - Item III-G. 4. MA YOR'S PRESENTATIONS ITEM # 38069 ADD-ON Mayor Oberndorf introduced: MISS VIRGINIA BEACH Lynne Economou MISS TIDEWATER Tamara Rogers Miss Virginia Beach and Miss Tidewater will attend the Miss Virginia pagent in Roanoke, Virginia in three weelcs on July 2, 1994. Tamara is a Graduate of Virginia Commonwealth University with a Bachelor of Arts degree in Fashion Merchandising. Her goal is to complete her Master's in Business Administration. Tamara's platform was Childhood literacy. Lynne is a graduate of Old Dominion University with a Bachelor of Arts degree in Theater. Lynn's ambition is to complete a Masters of Fine Art in Theater. Lynn's platform was incorporation of the cultural arts education into the public school systems. June 14, 1994 - 15 - Item III-H. 1. PUBLIC HEARING ITEM # 38070 Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING: Proposed issuance of GENERAL OBLIGATION BONDS to increase FY 1994-1995 Capital Budget re SEATACK COMMUNITY CENTER EXPANSION $ L98 ,ooo The following registered in SUPPORT of the Seatack Community Center expansion: Omia Robbins, 124 South Birdneck Road, Phone: 425-6477 Rosa Lee Norman, 110 North Birdneck Road, Phone: 425-7106 Donald E. Morgan, 652 Barberton Drive, Phone: 428-5904, represented the Seatack Civic League Susie D. Whitehurst, 1055 Norfolk Avenue, Phone: 425-1692, represented the Seatack, Atlantic Park and surrounding area Civic Leagues Hope Luck, 1109 Beautiful Street, Phone: 425-7273, represented the Youth of Seatack Beverly .4. Woodhouse, 420 Cronin Road, Phone: 533-6860, represented the Seatack Community Center Council Petitions in SUPPORT of the SEATACK COMMUNITY CENTER are hereby made a part of the record. The following registered in OPPOSITION to the Seatack Community Center expansion: Jim Stancil, 649 Aragona Boulevard Leslie Paul, 617 Reasor Drive, Phone: 420-9523 There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. June 14, 1994 - 16 - Item III-I. 1.a. ORDINANCES ITEM # 38071 Upon motion by Councilman Moss, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to AMEND the FY 1994-1995 Capital Budget to include the establishment of the Seatack Community Center Expansion project; and, to APPROPRIATE $1,982,000 in General Obligation Bonds for expansion of Seatack Community Center re swimming pool and gymnasium with shower and changing areas. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, 1II, James W.. Brazier, Jr., Robert W. Clyburn, Louis I~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert tC Dean Council Members Absent: None June 14, 1994 1 2 3 4 AN ORDINANCE TO AMEND THE FY 1994-95 CAPITAL BUDGET AND APPROPRIATE 91,982,000 OF GENERAL OBLIGATION BONDS FOR EXPANSION OF THE SEATACK COMMUNITY CENTER 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, on May 10, 1994 Council adopted the FY 1994-95 Capital Budget; WHEREAS, on May 24, 1994 Council adopted a resolution to amend the FY 1 994-95 Capital Budget to establish a project for the expansion of the Seatack Community Center including a swimming pool, gymnasium, and shower and changing areas; WHEREAS, the expansion will be financed by the appropriation of 91,982,000 from general obligation bonds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the FY 1994-95 Capital Budget is hereby amended to include the establishment of the Seatack Community Center Expansion project; That 91,982,000 of general obligation bonds be appropriated to the Seatack Community Center Expansion project for a swimming pool and gymnasium with shower and changing areas. This ordinance shall be effective on the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 14 day of June ,1994. Approved As To Content Management and Budget - 17 - Item III-I. 1.b. ORDINANCES ITEM # 38072 Upon motion by Councilman Moss, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to authorize the issuance of General Obligation Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $1,982,000 for expansion of the Seatack Community Center. Voting: 10-1 Council Members Voting Aye: John ,4. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert gE. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: Robert ItL Dean Council Members Absent: None June 14, 1994 1 2 3 4 5 AN ORDINANCE AUTHORIZING GENERAL OBLIGATION BONDS VIRGINIA BEACH, VIRGINIA, AMOUNT OF $1,982,000 FOR SEATACK COMMUNITY CENTER THE ISSUANCE OF OF THE CITY OF IN THE MAXIMUM EXPANSION OF THE 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 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of general obligation public improvement bonds for the expansion of the Seatack Community Center in the maximum amount of $1,982,000, as permitted by the City Charter without submitting the question of their issuance to the qualified voters; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City to finance the expansion of the Seatack Community Center, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to finance, in part, the costs thereof through the borrowing of $1,982,000 and issuing the City's general obligation bonds therefor. 2. Pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued public improvement bonds of the City in the maximum amount of $1,982,000 to provide funds, together with other funds that may be available, for the expansion of the Seatack Community Center. Any amount not needed for this purpose may be used, after City Council action, for any other capital improvement project authorized by the city Council. The Bonds may be issued as a separate issue or combined with bonds authorized for other purposes and sold as part of one or more combined issues of public improvement bonds. 3. The Bonds shall bear such date or dates, mature at such time or times not exceeding forty (40) years from their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner as 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 the Council may hereafter provide by appropriate resolution or resolutions. 4. The Bonds shall be general obligations of the City for the payment of principal, premium, if any, and interest on which its full faith and credit shall be irrevocably pledged. 5. The City intends to receive reimbursement from proceeds of the sale of the Bonds for costs related to the purposes for which the Bonds are to be issued that are paid by the City prior to the issuance of the Bonds. The City intends that the adoption of this ordinance be considered as "official intent" within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. 6. The City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general public during normal business hours at the City Clerk's Office from the date of adoption hereof through the date of the issuance of the Bonds. 7. The City Clerk, in collaboration with the City Attorney, is authorized and directed to see to the immediate filing of a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach. 8. This ordinance shall be in full force and effect from its passage. Adopted by the Council of the city of Virginia Beach, Virginia, on the 14 day of June , 1994. 60 Requires eight (S) affirmative votes for adoption. 61 62 63 64 CA-5587 ORDIN\NONCODE\SEATACK.ORD R-1 PREPARED: 05/25/94 APPROVED AS TO LEGAL SUFFICiENOY 2 - 18 - I~em III-L2. ORDINANCES ITEM # 38073 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED, AS AMENDED*: Ordinance to AMEND and REORDAIN Chapter 2, Article III, Divisions 1 and 2 of the Code of the City of Virginia Beach, Virginia, by AMENDING Section 2-84 re annual leave; and, AMENDING Sections 2-101, 2-102, 2-103, 2-104, 2-105, 2-106, 2-107, 2-108, 2-109, 2- 110, 2-11L 2-112 and 2-116; and, ADDING Sections 2-117, 2-11Z1 and 2-117.2 re administration of the basic pay plan. *Appendix 1-18 re: "The City's pay philosophy would establish a goal of paying employees at the 75th percentile of identified markets." DELETE THIS SECTION. The verbiage "calendar year" will be replaced in all sections with "twelve (12) consecutive months". This is a technical error in the document. Where appropriate, distinguish between "FLSA EXEMPT" AND "NON EXEMPT" and, make legal distinction. Line 426 on page 13 -- shall read: "...reclassification shall continue to be compensated at the salary received at the time..." Delete line, "in #~e ................. City .......... " Change: "in-range adjustment" to "in-range merit". Councilman Moss requested the City Staff provide, at a later date, a new definition for "temporary employee" dealing with appropriation structure for administrative increases. Vice Mayor Sessoms requested reevaluation of the 2% cost of living and 2.5% merit increase re the School employees on a more equal basis. Councilman Lanteigne ch'stributed copies of information regarding funding a 3.5% merit within the existing FY 1994-95 budget, which would require a six-month delay, until September 1, in implementation of the 2% General Increase. 2% on September 3.5% Merit FY 1994-95 $ 2.35-MILLION 1.40-MILLION FY 1995-96 $ 2.75-MILLION 2.1 O-MILLION June 14, 1994 - 19 - Item III-L 2. ORDINANCES ITEM tt 38073 (Continued) Voting: 9-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, Robert W.. Clyburn, Robert K. Dean, Louis IL Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members' Absent: James W. Brazier, Jr. and Paul J. Lanteigne Councilman Brazier DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he is currently employed by the City of Virginia Beach as a police officer in a position in the Commonwealth Attorney's Office. Councilman Brazier declared he is able to participate in the transaction .fairly, objectively, and in the public interest. Councilman Brazier's letter of June 14, 1994, is hereby made apart of the record. Councilman Lanteigne DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he is currently employed by the City of Virginia Beach as a Police Officer in a position in the Sheriffs Office. Councilman Lanteigne declared he was able to participate in the transaction fairly, objectively, and in the public htterest. Councilman Ixtnteigne's letter of June 14, 1994, is hereby made a part of the record. Councilman Moss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, his wife is currently employed by the City of Virginia .Beach School Board as a Teacher earning an annual salary in excess of $10,000. Councilman Moss declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made apart of the record. June 14, 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ARTICLE III, DIVISIONS 1 AND 2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY AMENDING SECTION 2-84 PERTAINING TO ANNUAL LEAVE AND AMENDING SECTIONS 2-101, 2-102, 2- 103, 2-104, 2-105, 2-106, 2-107, 2-108, 2-109, 2-110, 2-111, 2-112 AND 2-116, AND ADDING SECTIONS 2-117, 2-117.1 AND 2-117.2 PERTAINING TO ADMINISTRATION OF THE BASIC PAY PLAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 2-84, 2-101, 2-102, 2-103, 2-104, 2-105, 2-106, 2-107, 2-108, 2-109, 2-110, 2-111, 2-112, and 2-116 of the Code of the City of Virginia Beach, Virginia, are hereby amended and Sections 2-117, 2-117.1 and 2-117.2 are hereby added, to read as follows: Section 2-84. Annual leave - Schedule of earning. Except employees of the school board, all full-time and part-time employees (excluding temporary and scascnal employees) of shall earn annual leave and, with supervisory approval, may utilize annual leave upon accrual as follows: (1) All full-time employees or appointees, excluding firefighters, working ~---~--~l .... ~'°=) thirty-seven and one-half (37 1/2) or more hours per work week shall be credited with ~ .... ~ ' ~ ° ~ ~ ...... ~ ...... ~ 1~ %-:ith: (a) Eight (8) hours per month for each month of employment for employees having accrued the equivalent of less than five (5) years of full-time employment. (b) Ten (10) hours per month for each month of employment for employees having accrued the equivalent of five (5) or more years, but less than ten (10) years, of full-time employment. 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 (c) Twelve (12) hours per month for each month of employment for employees having accrued the equivalent of ten (10) or more years, but less than fifteen (15) years, of full-time employment. (d) Fourteen (14) hours per month for each month of employment for employees having accrued the equivalent of fifteen (15) or more years, but less than twenty (20) years, of full-time employment. (e) Sixteen (16) hours per month for each month of employment for employees having accrued the equivalent of twenty (20) or more years of full-time employment. (2) The hours of annual leave earned per month for each hour worked by firefighters, excluding overtime hours, shall be computed by multiplying the number of hours worked per month, excluding overtime hours, by the following: (a) .046 for employees having accrued the equivalent of less than five (5) years of full-time employment. (b) .058 for employees having accrued the equivalent of five (5) or more years, but less than ten (10) years, of full-time employment. (c) .069 for employees having accrued the equivalent of ten (10) or more years, but less than fifteen (15) years, of full-time employment. (d) .081 for employees having accrued the equivalent of fifteen (15) or more years, but less than twenty (20) years, of full-time employment. (e) .092 for employees having accrued the equivalent of twenty (20) years or more of full-time employment. (3) Part-time employees and/or employees working a varied number of hours per week shall be credited with annual leave on a basis proportionate to that awarded full-time employees as set forth in subsection (1) above. (4) Records shall be kept within each department of the annual leave accumulated and taken by each employee within such department; and at the end of each calendar 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 (5) (6) month, a leave report shall be submitted to the department of ........ ~ human resources Under no circumstances shall annual leave be granted in advance of its accrual or paid in lump sum except upon terminatiOn of employment. When an employee is in a nonpay status for portions of a calendar month, then annual leave accrual for such month shall be reduced accordingly by the director of ~ .......... human resources to reflect the employee's nonpay status. Seotion Z-~0~. Definitions. For the purposes of this division, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them in this section: Class: A grouping of responsibilities, requiring jobs having similar duties and similar knowledges, skills and abilities and demanding similar qualifications so that the jobs may be appropriately titled and described, and the employees performing such jobs may be equally compensated. Full-time employee: A ~"~-~.~ ..... ~ ...... ~ ~ city employee who is scheduled to actually work thirty-seven and one-half (37 1/2) hours or more per consecutive work week. Part-time employee: A ~-~ ..... ~ ...... ~ ~ city employee who is scheduled to actually work less than ~.~:~ ~.~"^ ~,'~=' thirty-seven and one-half (37 1/2) hours per consecutive work week· Permanent employee: A ........ ~ ^~ ...... ~ city employee who ~.~,.~ ..... ~v~ ~.~ -~-~-.,~ has completed the required probation~ period as provided in section 2-108. Probational employee' A ~~--~i ~" ...... ~- ~ city employee who ~ ~" .... ~ ~ ..... ~ ~ .... indefinite ~..~ ..... ~ ~ ~.~-~ ---~-.~.~ has not as yet completed the required probationa~-y period as provided in section 2-108. 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 Range: The minimum through maximum salary levels assigned to a class. dir:otcr cf personnel. Temporary employee: A temporary ~ city employee who is employed in a position in which the length of employment is fixed less than twelve (12) consecutive months. Section 2-102. General responsibility of director of ~er-se~h~e~ human resources. The director of ........ ~ ~ .......... human resources shall be responsible for administering the application of the pay city's compensation ~ .... and promulgating rules and regulations to carry out plan~ or.in ..... its their purposes. Such rules and regulations shall be subject to approval as to legal form by the city attorney and shall be subject to final approval by the city manager. Section 2-103. Review and amendment of plan; schedule adopted. '~ The director of ........ ~ ~ .......... human resources shall constantly regularly review assigned employee pay ranges, and when ncccssary appropriate, make recommendations for changes to the city manager. The ranges of pay for each class of positions may be adjusted by the city manager upon recommendation by the director of~c~sonnc~~ . ~ human resources, provided existing budgetary funds are available for any recommended increase. pay ~ ~ Section 2-104. Original employment. .... - ~ '-~ ~ defined as an (a) Original employment shall be ~ ~t~t~ -~ employee's initial period of continuous employment with the city. 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 The effective date of original employment shall usually be the date on which the employee actually begins work and shall constitute the first day of the probation period. In cases when a city-recoqnized holiday, weekend, or city manager-desiqnated inclement weather period prohibits the employee from reporting to work on the first day of a pay period, the effective date of original employment shall be appropriately established by the director of human resources. (b) An individual beginning employment for the first time shall usually be placed at the f~ ~ minimum salary of the pay range established for the class in which employed. Occasionally, however, based on a new employee's prior experience~ and p fi i y it i ~ ~ ro c enc , or related cr er a, ..................... s~m~ ~ ~~ -~~.-~ .... ~, a one-time siqninq bonus may be qranted and/or placement may be accelerated up to ~ ~-~-~~ ~^ '~ -~ ~ ~ .... ~-~ ..... twenty (20) percent above the minimum salary of the assigned range upon written recommendation by the employing authority and approval of the director of pcrscnncl human resources. Further acceleration within the assigned ranqe may be authorized upon written recommendation by the employing authority, and approval by the director of human resources and the city manager. ~ .... ~- ..... ff~t~ ye 163 164 165 166 167 168 169 170 Section 2-105. Reemployment. pl ~ Reem oyment shall be ~..~ ~~~"~ of defined as the ...... ~ cmplcycc's employment pcricd of a former city employee following a separation from city employment of more than ~^~..~ ..~..~"~ and -~"~"-~"~ '°~=~ ........ ~ ..... ~~ ~ .... tw 1 (12) tive .... ~ .... ~, ....................... ~ eve consecu months, or the employment of a former probation or temporary employee followinq a separation from city employment of less than twelve (12) consecutive months. All other conditions of section 2- 171 172 173 104 shall apply ~--- thc ~^ ~ ...... ~'~ ~ ^~-~'--~ date ~ rccmp~ ..... ~- ~i ~^ ~ day ~ ~ .... ~ ..... ~ ..... rcports for 5 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 ~..........-...~. All time carncd served in previous employment with the city shall not be counted towards the probationary period, annual leave, service awards, or other longevity-based employment conditions or benefits with the exception of the Virginia Retirement System benefit that is determined in accordance with ..... ' ...... ~ -~'' ~ ...... ~ Eliqibl i ...... ~-~: ........................ _ e veterans return ng to the city should refer to the Veterans' Reemployment Rights Policy. Section 2-106. Reinstatement. (a) Reinstatement shall be defined as the employment of a former -A-~ employee '-'~ ~ .... ~ ..... ~^ ~f th~ city within ~_A_ ~..~_^~ __~ _~..~.._~..~ ,o==, consccutive ~ twelve (12) consecutive months from the date of the employee's separation from the merit city service. To be eligible for reinstatement, the employee must have been in good standing at the time of separation from the merit city service. Furthermore, the appointing department head must be in agreement and a vacancy must exist. The director of pcrscnnel human resources shall determine the appropriate anniversary date of the reinstated employee. The department head shall determine the position of the reinstated employee and the director of ~ human resources shall ..... ~- salary within the range of the determine the appropriate ~= ~ position for the reinstated employee. Should the employee return in a lower position, the employee's salary may not exceed the maximum salary of the new position. All time that a former employee is employed with the mcrit ~v~cc city prior to 209 210 211 212 213 214 215 separation~.. ~.~ .... ,.~'~ ~~ shall be credited toward the probationa~ period, annual leave, service awards, .......... , pcli~ie~, or other longevity-based employment conditions or benefits, subject to necessary adjustments to account for the number of months of separation. Sick leave accrued prior to separation shall be restored to employees who are reinstated to the extent that it is not transferred and used during interim 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 employment with another participatinq employer. (b) An employee who has been retired because of a job related di bility lth gh ~ sa , a ou separated more than ~ ~'-~ ~ ~ ..... ~"~ '°~=' ........ ~ ..... ~^~ ~ .... twelve (12) consecutive months may be reinstated ---~ ~ ....... ~ ~ ...... ~ ..... ~-- ~-~ ~ id i g it ri ......... , prov ed ~-~..~ the follow n cr e a are met: (1) The injury or disability which resulted in retirement was incurred in the line of duty; (2) The employee is certified by the city physician or a city- approved physician as being physically able to perform the duties of the position into which the employee is reinstated; (3) The employee meets all other requirements for the position into which he is reinstated; and (4) An opening for employment is available without the establishment of a new position or the reassignment of personnel to accommodate the employee. 234 235 236 237 238 239 240 241 242 243 Section 2-107. Conversion from full-time temporary or =ca=on=l status to full-time probation or permanent status. Conversion shall be defined as the change, upon the request of the employing authority, from temporary or scasonal status to probational or permanent status. Upon such conversion, the ........ ~ human resources shall credit towards director of ~ .......... probation, annual leave, service awards and merit increases all prior time worked in full-time temporary or scasonal status to those employees converted to full-time probational or permanent status. Conversion status will be awarded only to those employees 7 244 245 246 247 who have rendered acceptable service during their temporary employment. The director of human resources shall not approve any conversion unless there is an established permanent budqeted position. 248 249 25O 251 252 253 254 255 256 257 258 259 260 261 262 263 Section 2-108. Probationary period of employment. The probationary period for employees ' ...... ~ ~ ........... ~ and fire) shall be defined as the initial six (6) calendar months (or the hourly equivalent thereof for part-time employees) of employment following an original employment or reemployment and terminating on the employee's anniversary date. The probationer-y period for sworn police and fire personnel shall be twelve (12) calendar months of employment following an original employment or reemployment and terminating on the employee's anniversary date. However, the probationary period for all probationary employees shall be extended one (1) pay period for every fifteen (15) consecutive calendar days a probationa~-~ employee is on injury leave, suspension, leave without pay, or sick leave status. Any salary change which may occur upon completion of the probationary period shall not become effective until the first day of the pay period following such completion. 264 265 266 267 268 269 270 271 272 273 274 275 276 277 Section 2-109. Changes in pay generally. (a) Administrative increase. An administrative increase fi ..... ~ .... '~ -s p ~ ....... ~ shall be de ned as a .......... ~j pay tc~..~..~..~ two and one-half (2 1/2) or five (5) percent increase within the pay range of a class that is awarded to an employee displaying exceptionally outstanding meritorious performance standards. administrative increase service that exceeds established Employees may be recommended for an upon submission of a letter of justification by the respective department head to the director of pcrscnnel human resources, subject to the approval of the city manager. An administrative increase does not affect the employee's anniversary date. (~_a) "~~~~ m~_erit increase. A .... .~~e~ merit increase 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 30O 301 302 303 304 3O5 306 307 308 309 310 311 shall be defined as a salary increase within the pay range of the class to which the employee is ass ned ~ ................... that is awarded based on job performance aG .......... 1 ....... ~ ..... ~ ................... t~n program, in accordance with the city's performance appraisal proqram. A formal performance appraisal shall be conducted for ~gach employee shall employee's anniversary date and each succeeding anniversary date shall bo ~ ~ ~- ~g~e f~ nc moro Merit increases shall become effective on the employee's anniversary date as provided in section ...c.~ Incrcase~ and shall only be awarded to full-time permanent employees. (e~) Administrative decrease. An administrative decrease .... c cf - ~i~ ~ ~''~ ~ ..... ~ .... n as thc rcsult of .....~..~.~.~.l~-~"-~ .... ~j~. pcrfcrmanco cr misconduct, two and one-half 1/2) or five (5) percent salary reduction within the pay ranqe of a class as disciplinary action resultinq from unsatisfactory job performance or misconduct. An administrative decrease may be recommended at any time and requires a letter of justification submitted by the.~~.~"^ appropriate department head. This action is subject_ to approval by ~e the director of ~.~.,..~ human resources, and -~ .... ~4~ ..... j~t tc thc approval of the city manager. Anniversary dates are not affected by an administrative decrease. The effective date of all administrative decreases will be the 312 first day of the pay period. 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 ~~c ......... annlvcrsary dato for a lump sum ~ v ...... / ..... ~ ...... ~ ........ ~Jar~ thc c~, ~v~ (~) ~ ~ ~ ..... Market adjustment. A ...... market adjustment shall be an incrcasc tca hi~hcr pay rangc fcr ................ ~ ......... 1 ......... y de ned as a percentage increase to pay ranges on the city's compensation plans that may be provided to employees whose job classification is assigned to an affected pay range. This A market adjustment shall be recommended by the city manager and approved by the city council. Ccncral incrcasos Market adjustments are not dependent on an employee's individual performance within a job class. (~) ~ Shift differential. A ~ shift differential shall be authorized whenever an employee compensated in a classification which is not designated by the director of pcrscnncl human resources to require shift work is ..... ~ ..... ~ permanently assigned to work a shift which commences on or between the hours of 3:00 p.m. to 3:00 a.m. Such employee shall receive the equivalent of a ~ .... '~ pay ~-~' ~- -~-- ~ "~- fi ( ) per .... ~ ~, step ................................. ve 5 cent increase in his or her normal salary rate for all hours worked during such time period only. Employees assigned to regularly~ scheduled rotating shift work as designated by the director of human resources and the city manager, and employees designated by the director of human resources as "exempt" under the Fair Labor Standards Act, shall be ineligible under the provisions of this subsection. 10 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 Section 2-110. Promotion. (a) Promotion. A promotion shall be defined as an advancement by an employee to a classification assigned a higher pay range with more complex job duties and responsibilities. No employee may be promoted unless there is a position vacancy and the employee is selected pursuant to a competitive selection process that is either restricted within the city or open to the genera] tango all th pap ~ ~ a~.n Ivcr.~.ary UA? (b) When an employee is promoted, his or her salary will be increased as follows: for a promotion of one (1) pay range, th~ salary increase will be five (5) percent; for a promotion of two (2) or more pay ranqes, the salary increase will be ten (10) percent. (c) The effective date of all promotions will be the first day of a pay period. An employee who is promoted on his or her anniversary date and is eligible for a merit increase shall also receive the merit increase based on his or her performance appraisal in addition to the pay increase received for the promotion. 11 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 40O 401 402 Section 2-111. Demotion. .................. ~.~ rangc cf an (a). A disciplinary demotion shall be defined as an assignment to a new classification with an assigned pay range lower than the assigned pay range of an employee's present classification as a result of disciplinary action. In cases of disciplinary demotion, the employee's assigned salary will be determined by the director of human resources and the anniversary date will be adjusted to one (1) year from the effective date of the disciplinary demotion. .(b).. A voluntary demotion shall be defined as an assignment to a new classification with an assigned pay range lower than the assigned pay range of an employee's present classification that is initiated with the concurrence of the employee. In cases of. voluntary demotion, the employee's assigned salary will be determined by the director of human resources and the anniversary date will not be adjusted. 403 404 405 406 407 408 409 410 411 412 413 414 415 Section 2-112. Reclassification. (a) A reclassification shall be defined as a reassignment of the appropriate job title,-and pay range ~ ~-~ ~ ....... ~ ~ o__f an employee whose job responsibilities have been determined by the director of human resources to have evolved to a degree that the present job classification does not accurately reflect the actual duties performed. When such position cannot accurately be described or compensated by assignment to an existing class, the director of pcrsonnol human resources shall establish a new class with appropriate range and title, subject to the approval of the city manager. When em~ a position is reclassified, ........... = sba1~ ~ ~ ....... ~ ~ ~- ~ stcp of ~ ig ~ .................... ~.., ~..o pay range ass ned tv the ncw class ~- four '~ ~- ~ ~=, pay incrcmcnts~.~ .... thcir prcscnt rangc ~..d 12 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 A~ ~ _,~__ ~ .... .~"~ ~--"~-~f"^~ and reassigned to a higher pay range, the incumbent's salary shall be adjusted in the same manner as set forth in section 2-110(b). In cases where an incumbent's salary is below the minimum salary assigned to the new range, the incumbent will be assigned the minimum salary of the new range. (b) Whenever any employment position with the city is reclassified to a different class having a lower pay range, all employees ^~"~ .... ~.~z~ in the reclassified position at the time of reclassification shall, in continue to be compensated at the rate salary received at that 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 ~ection 2-~6. Anniversary date. The anniversary date shall be defined as the date on which an employee becomes eligible for a variable merit increase. The anniversary date for all probation employees will be adjusted one (1) pay period for every fifteen (15) consecutive calendar days of sick leave, injury leave, suspension, or leave without pay status. An employee's first anniversary date shall generally be the effective date of permanent status provided the employee has continued to perform in the same job class duties in a full-time capacity as originally employed. Otherwise, the employee's first anniversary date shall be six (6) months from the date assigned to his or her present job class, except sworn police and fire job classes in which case the first anniversary date shall be twelve (12) consecutive months from the date assigned to the class. Thereafter, the anniversary date shall be one (1) year from the date of the last promotion~ career progression, chanqe of job 13 451 452 453 454 455 456 duties, disciplinary demotion, or award or denial of a variablc · ~t~c~, of merit increase However, where a voluntary demotion ~ -' ~ .......... ~ ...... ~ e is involved_ ................ ,~ ........ nt~ of ~ " ......... "~'~- the employee's present anniversary date will remain unchanged. 457 458 459 460 461 462 463 464 465 466 467 468 469 Section 2-117. Career progression. (a) A career progression shall be defined as an advancement by an employee to a higher pay within a defined classification series. A career progression does not require a position vacancy. (b) When a career progression action occurs to an employee, the employee's salary will be increased in the same manner as set forth in section 2-110 (b). (c) The effective date of all career progressions will be the first day of the pay period. An employee who receives a career progression on his or her anniversary date and is eligible for a merit increase may also receive the merit increase based on the employee's performance appraisal in addition to the pay increase received for the career progression. 470 471 472 473 474 475 476 477 478 479 Sec. 2-117.1. Change in pay range for class. A change in pay range for class shall be defined as a reassignment upward or downward of the appropriate pay range assigned to a job classification as recommended by the director of human resources and approved by the city manager. When the pay range of a job classification is raised, all incumbent employees shall have their annual salary adjusted in the same manner as set forth in section 2-110 (b). When the pay ranqe of a job classification is lowered, all incumbent employees shall continue to be compensated at the salary received at that time. 480 481 482 483 484 Section 2-117.2 Vacancies. Filling of a vacancy shall be defined as the selection of an applicant for an authorized position. The filling of a vacancy may be achieved throuqh an original employment, reemployment, reinstatement, transfer, promotion, demotion, or in accordance with 14 485 486 487 488 the provisions of the Veterans' Reemployment Riqhts Act. The process of the filling of vacancies shall be based on merit principles such as equitable compensation, internal or open competition, and equal employment opportunity. 489 490 Adopted by the Council of the city of Virginia Beach, Virginia on the 14 day of 3une , 1994. 491 492 493 494 CA-5543 \ORDIN\PROPOSED\02-101ET.ORD R-4 JUNE 30, 1994 15 City of Virginia 13cach JAMES W. BRAZIER JR COUNCILMAN - LYNNHAVEN BOROUGH (804) 463-4032 2304 BASTION COURT VIRGINIA E~EACH, VIRGINIA 23454 June 14, 1994 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1~639.14(G), Code of Virginia, I make the following declaration: The transaction for which I am executing this written disclosure is the City Council consideration of an ordinance to amend and reordain the City Code pertaining to the administration of the basic pay plan. I am currently employed by the City of Virginia Beach as a member of City Council and as a police officer assigned to a position in the Office of the Commonwealth's Attorney. The City Attorney has advised me that as a City employee, I am a member of a group, i.e., City employees, the members of which are affected by the transaction. o Although the City Attorney has advised me that I am not required to disclose this interest as it does not meet the criteria of a personal interest in the transaction under the Conflict of Interests Act, I wish to disclose this interest and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. Mrs. Ruth Hodges Smith -2- June 14, 1994 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, JWBJr./clb Enclosure James W. Brazier, Jr. Councilmember City of Virginia Bcach LESLIE L LtLLEY CiTY AYr©RNEY MUNICIP" ~ CENTER VIRGINIA BEACH VIRGINIA 2'3zl.SE,-9004 (80~) 427-4531 FAX (804) 426-5687 TOO (804) 427-4305 June 14, 1994 Councilmember James W. Brazier, Jr. Municipal Center Virginia Beach, VA 23456 Re: Conflict of Interests Opinion Dear Councilmember Brazier: I am writing in response to your request for an opinion as to whether you may participate in City Council's consideration of an ordinance to amend and reordain the City Code pertaining to the administration of the basic pay plan. This ordinance is scheduled for the June 14, 1994, meeting of the Council. SUMMARY CONCLUSION: I am of the opinion that since the Conflict of Interests Act does not anticipate the personal interests of a legislator-employee regarding transactions before a public body, you do not have a personal interest in this transaction as defined by the Act. Thus, you are permitted to participate in this matter without restriction. Notwithstanding this conclusion, I have previously advised you by letter of July 2, 1990, to follow the dictates of the Act in cases in which you will realize a reasonably foreseeable direct or indirect benefit or liability. The facts as referenced herein indicate that, as a City employee, it is reasonably foreseeable that you may realize a financial benefit or detriment as a result of Council's consideration of the transaction, since the basic pay plan affects all City employees, and some of the proposed amendments may have a future effect on employees' compensation. Therefore, it is my advice that you follow the dictates of the Act. Based on the fact that you are a member of a group which is affected by the transaction, i.e., all City employees, the Act provides that you may participation in the discussion and vote on the transaction upon disclosure and a determination by you that you can participate fairly, objectively, and in the Councilmember James W. Brazier, Jr. -2- Re: Conflict of Interests Opinion June 14, 1994 public interest. For your information I have outlined the disclosure requirements of § 2.1- 639.14(G) should you desire to disclose your relationship and vote; I have also set forth the applicable provisions for abstention set forth in § 2.1-639.14(E), should you choose not to vote. I base the aforesaid conclusions on the following facts and discussions. Please review and verify the accuracy of the facts as set forth as you may only rely upon this opinion if they are correct and complete. FACTS PRESENTED: Your request for an advisory opinion is generated by Council's consideration of an ordinance to amend and reordain the City Code pertaining to the administration of the basic pay plan. This ordinance is currently scheduled on the agenda for June 14, 1994. The ordinance contains provisions which, if adopted, may have a future effect on the compensation of City employees. You advise that your area of concern with respect to this transaction is that you are currently employed by the City of Virginia Beach as a police officer assigned to a position in the Commonwealth's Attorney's Office, and that you are also a Council member of the City of Virginia Beach. You receive an annual salary in excess of $10,000.00 from the City. ISSUE: Are you precluded from participating in Council's consideration of an ordinance to amend and reordain the City Code pertaining to the administration of the basic pay plan? DISCUSSION: I. Applicable Definitions of §2.1-639.2; A. City Council is a "governmental agency" under the definition, as it is a legislative branch of local government. B. You are an officer within the meaning of "officer". C. Council consideration of an ordinance to amend and reordain the City Code pertaining to the administration of the basic pay plan is a "transaction" as defined by the Act. A transaction includes any matter considered by any governmental agency on which official action is taken or contemplated. Councilmember James W. Brazier, Jr. ~3- June 14, 1994 Re: Conflict of Interests Opinion D. "Personal interest" is defmed as a financial benefit or liability which accrues to an officer, employee, or to an mediate family member. The interest exists by reason of one of five categories specified therein as: 1) ownership in a business if the ownership interest exceeds 3 % of the total equity of the business; 2) annual income from ownership in real or personal property or a business in excess of $10,000.00; 3) salary from the use of property or paid by a business that exceeds $10,000.00 annually; 4) ownership of real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary; or 5) personal liability incurred or assumed on behalf of a business which exceeds 3 % of the asset value of the business. E. A "personal interest in the transaction" exists when an officer or employee or a member of his immediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. 1I. Application of Definitions: A. Personal Interest above, by the My review of the facts indicates that you do not have a ~personal interest" as defined because you do not receive a salary from a "business'. Instead your salary is paid City of Virginia Beach which is classified under the Act as a governmental agency. B. Personal Interest in the Transaction You do not have a "personal interest", as defined above, therefore you cannot have a #personal interest in the transaction" under the def'mition of the Conflict of Interests Act. llI. Disclosure Requirements Based on the fact that you have no personal interest in Council's consideration of an ordinance to and reordain the City Code pertaining to the administration of the basic pay plan, it is my opinion that you are able to participate in City Council's discussion and vote on this ordinance without restriction. Councilmember James W. Brazier, Jr. -4- Re: Conflict of Interests Opinion June 14, 1994 The Conflict of Interests Act deals with the types of influences upon a public officer' s judgment which are clearly improper. The law does not, however, protect against all appearance of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety which is unacceptable or which would affect the confidence of the public in the officer's ability to be impartial. I have opined that you may participate in this transaction without restriction. However, if you are concerned that participating in this transaction could create an unacceptable appearance, there are two options available to you which may diffuse any perception problems that may arise: You may either disclose the facts as presented herein and proceed to vote as to this transaction; or 2. You may abstain from voting and disclose any interest. Should you decide to declare your interest and vote, a proposed disclosure letter which complies with § 2.1-639.14(G) is enclosed for your convenience. Should you decide, in the alternative to declare your interest and abstain, a proposed disclosure letter which compiles with § 2.1-639.14(E) is also enclosed. You may either make the declaration orally, which will be recorded in the written minutes of the City Council, or you may file a signed written declaration with the Clerk of the City Council, who shall retain and make the declaration available for public inspection for a period of five years from the date of recording or receipt. Please contact me should you desire any additional information. Very truly yours, City Attorney LLLfRMB/clb Enclosures City of Virginia 13cach PAUL J. LANTEIGNE COUNCILMAN - PUNGO BOROUGH (804) 721-5535 4752 STONE ROAD VIRGINIA BEACH, VIRGINIA 23457 June 14, 1994 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: The transaction for which I am executing this written disclosure is the City Council consideration of an ordinance to amend and reordain the City Code pertaining to the administration of the basic pay plan. I am currently employed by the City of Virginia Beach as a member of City Council and as a police officer assigned to a position in the Sheriff's Office. The City Attorney has advised me that as a City employee, I am a member of a group, i.e., City employees, the members of which are affected by the transaction. Mrs. Ruth Hodges Smith -2- June 14, 1994 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Although the City Attorney has advised me that I am not required to disclose this interest as it does not meet the criteria of a personal interest in the transaction under the Conflict of Interests Act, I wish to disclose this interest and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, Paul J. Laffieigne Councilmember PJL/clb Enclosure City of Virginia Beach LESLIE L LILLEY CITY ATTORNEY June 14, 1994 MUNICIPAL CENTER VIRGINIA BEACH VIRGINIA 23456-9004 (804) 427-4531 FAX (804) 426-5687 TO0 (804) 427-4305 Councilmember Paul J. Lanteigne Municipal Center Virginia Beach, Virginia 23456 Re: Conflict of Interests Opinion Dear Councilmember Lanteigne: I am writing in response to your request for an opinion as to whether you may participate in City Council's consideration of an ordinance to amend and reordain the City Code pertaining to the administration of the basic pay plan. This ordinance is scheduled for the June 14, 1994, meeting of the Council. .~UMMARY CONCLUSION: I am of the opinion that since the Conflict of Interests Act does not anticipate the personal interests of a legislator-employee regarding transactions before a public body, you do not have a personal interest in this transaction as defined by the Act. Thus, you are permitted to participate in this matter without restriction. Notwithstanding this conclusion, I have previously advised you by letter of July 2, 1990, to follow the dictates of the Act in cases in which you will realize a reasonably foreseeable direct or indirect benefit or liability. The facts as referenced herein indicate that, as a City employee, it is reasonably foreseeable that you may realize a financial benefit or detriment as a result of Council's consideration of the transaction, since the basic pay plan affects all City employees, and some of the proposed amendments may have a future effect on employees' compensation. Therefore, it is my advice that you follow the dictates of the Act. Based on the fact that you are a member of a group which is affected by the transaction, i.e., all City employees, the Act provides that you may participation in the discussion and vote on the transaction upon disclosure and a determination by you that you can participate fairly, objectively, and in the Councilmember Paul $. Lanteigne -2- Re: Conflict of Interests Opinion June I4, 1994 public interest. For your information I have outlined the disclosure requirements of § 2.1- 639.14(G) should you desire to disclose your relationship and vote; I have also set forth the applicable provisions for abstention set forth in § 2.1-639.14(E), should you choose not to vote. I base the aforesaid conclusions on the following facts and discussions. Please review and verify the accuracy of the facts as set forth as you may only rely upon this opinion if they are correct and complete. ..FACTS PRESENTED: Your request for an advisory opinion is generated by Council's consideration of an ordinance to amend and reordain the City Code pertaining to the administration of the basic pay plan. This ordinance is currently scheduled on the agenda for June 14, 1994. The ordinance contains provisions which, if adopted, may have a future effect on the compensation of City employees. You advise that your area of concern with respect to this transaction is that you are currently employed by the City of Virginia Beach as a police officer assigned to a position in the Sheriff's Office, and that you are aIso a Council member of the City of Virginia Beach. You receive an annual salary in excess of $10,000.00 from the City. ISSUE; Are you precluded from participating in Council's consideration of an ordinance to amend and reordain the City Code pertaining to the administration of the basic pay plan? DISCUSSION: I. Applicable Definitions of §2.1-639.2; A. City Council is a "governmental agency" under the definition, as it is a legislative branch of local government. B. You are an officer within the meaning of "officer". C. Council consideration of an ordinance to amend and reordain the City Code pertaining to the administration of the basic pay plan is a "transaction" as defined by the Act. A transaction includes any matter considered by any governmental agency on which official action is taken or contemplated. Councilmember Paul J. Lanteigne -3- Re: Conflict of Interests Opinion June 14, 1994 D. "Personal interest" is defined as a financial benefit or liability which accrues to an officer, employee, or to an immediate family member. The interest exists by reason of one of five categories specified therein as: 1) ownership in a business if the ownership interest exceeds 3 % of the total equity of the business; 2) annual income from ownership in real or personal property or a business in excess of $10,000.130; 3) salary from the use of property or paid by a business that exceeds $10,000.00 annually; 4) ownership of real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary; or 5) personal liability incurred or assumed on behalf of a business which exceeds 3 % of the asset value of the business. Councilmember Paul J. Lanteigne -3- June 14, 1994 Re: Conflict of Interests Opinion D. ~Personal interest" is def'med as a financial benefit or liability which accrues to an officer, employee, or to an immediate family member. The interest exists by reason of one of five categories specified therein as: 1) ownership in a business if the ownership interest exceeds 3 % of the total equity of the business; 2) annual income from ownership in real or personal property or a business in excess of $10,000.00; 3) salary from the use of property or paid by a business that exceeds $10,000.00 annually; 4) ownership of real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary; or 5) personal liability incurred or assumed on behalf of a business which exceeds 3 % of the asset value of the business. E. A "personal interest in the transaction~ exists when an officer or employee or a member of his immediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. II. Application of Definitions: A. Personal Interest My review of the facts indicates that you do not have a ~personal interest" as defined above, because you do not receive a salary from a "business". Instead your salary is paid by the City of Virginia Beach which is classified under the Act as a governmental agency. B. Personal Interest in the Transaction You do not have a 'personal interest", as defmed above, therefore you cannot have a ~personal interest in the transaction" under the definition of the Conflict of Interests Act. III. Disclosure Requirement~ Based on the fact that you have no personal interest in Council's consideration of an ordinance to amend and reordain the City Code pertaining to the administration of the basic pay plan, it is my opinion that you are able to participate in City Council's discussion and vote on this ordinance without restriction. Councilmember Paul J. Lanteigne -4- Re: Conflict of Interests Opinion June 14, 1994 The Conflict of Interests Act deals with the types of influences upon a public officer's judgment which are clearly improper. The law does not, however, protect against all appearance of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety which is unacceptable or which would affect the confidence of the public in the officer's ability to be impartial. I have opined that you may participate in this transaction without restriction. However, if you are concerned that participating in this transaction could create an unacceptable appearance, there are two options available to you which may diffuse any perception problems that may arise: You may either disclose the facts as presented herein and proceed to vote as to this transaction; or 2. You may abstain from voting and disclose any interest. Should you decide to declare your interest and vote, a proposed disclosure letter which complies with § 2.1-639.14(G) is enclosed for your convenience. Should you decide, in the alternative to declare your interest and abstain, a proposed disclosure letter which complies with § 2.1-639.14(E) is also enclosed. You may either make the declaration orally, which will be recorded in the written minutes of the City Council, or you may file a signed written declaration with the Clerk of the City Council, who shah retain and make the declaration available for public inspection for a period of five years from the date of recording or receipt. Please contact me should you desire any additional information. Very truly yours, City Attorney LLL/RMB/clb Enclosures AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 21, ARTICLE XI, DIVISION 4 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO RESIDENTIAL PARKING PERMITS. 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 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 21, Article XI, Division 4 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: Sec. 21-440.5 Permits generally. (a) Following the designation of a residential permit parking area by the City Manager or his designee, the City Treasurer shall issue residential parking permits for the area so designated. One (1) permit shall be issued, upon application~ and payment of the prescribed fee, for each motor vehicle owned by a person residing on a street within the residential permit parking area, or on a street within a residential area that is contiguous to the residential permit parking area as specified in subsection (b). Lost, stolen or damaged permits may be reissued upon proof of such loss, theft or damage and payment of the prescribed fee. (b) An applicant for a permit shall present his motor vehicle registration and operator's license with the application. No permit shall be issued in the event either the registration or operator's license shows an address not within thc a designated residential permit parking area, unless the applicant demonstrates to the satisfaction of the City Treasurer that he is, in fact, a resident of such area, or that he is a resident of a residential area which is contiguous to a designated residential permit parking area and in which neither off-street nor non- meter-regulated on-street parkinq is available. Any applicant who is a resident of such a contiguous residential area shall, upon receipt of a permit issued 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 (c) (d) (e) hereunder, be permitted to park in the designated residential permit parkinq area. Registered residential parking permit holders may obtain guest passes by applying to either the City Treasurer's Office or the City's Parking Systems Management Office. Such passes shall be issued and validated for three (3) days, seven (7) days, fourteen (14) days, or one (1) year. Business parking permits shall be issued by the City Treasurer's Office or the City's Parking Systems Management office to businesses licensed to operate in city meter-regulated parking areas. Such permits shall be issued for one (1) year at the prescribed fee and shall be limited to the maximum number of employees in one (1) shift required to work after 11:00 p.m. Lodging parking permits shall be issued by the City Treasurer's Office or the City's Parking Systems Management Office to lodging establishments which are located within residential permit parking areas and which do not have sufficient on-site parking available for their guests. Such permits shall be issued for one (1) year at the prescribed fee and shall be limited in quantities to the number of rooms within the lodging facility not having on-site parking. Permits issued pursuant to subsection (a) shall be valid for a period of one (1) year, shall not be transferable, and may be revoked in the event the City Treasurer determines that the owner of the vehicle for which a permit has been issued no longer resides in the residential permit parking area. Upon written notification of such revocation, the holder of the permit shall surrender such permit to the City Treasurer. The willful failure to surrender such permit shall be punishable by a fine in the amount of Twenty-Five Dollars ($25.00) . 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 90 91 92 93 94 (f) Permits issued pursuant to subsections (c) and (d) shall be valid for a period of one (1) year, shall be transferable, and may be revoked in the event the City Treasurer's office determines that the number of permits exceeds the allowable number according to the criteria set forth in subsections (c) and (d). Sec. 2~-440.10. Fees Fees required under this division shall be as follows: (a) For the initial issuance of an annual residential parking permits, Fifteen Dollars ($15.00). (b) For the replacements of A lost or damaged permits by the same holder and for the same motor vehicle, Five Dollars ($5.00), upon presentation of receipt for original purchase. _ in ..... or (c) For a business parking permits, annual replacement, Twenty Dollars ($20.00). (d) For ~ lodging parking permits, annual initial or replacement, Twenty Dollars ($20.00). (e)For ~ three-day guest permits, Two Dollars ($2.00). (f)For ~ seven-day guest permits, Five Dollars ($5.00). (g)For ~ fourteen-day guest permits, Ten Dollars ($10.00). (h) For an annual ..... ~ .... ~ transferable guest permit~, Twenty- Five Dollars ($25.00). 95 96 Adopted by the Council of the City of Virginia Beach, Virginia on the 14~h day of June , 1994. 97 98 99 100 CA-5595 ~ORDIN~PROPOSED~21-DIV4.0RD JUNE 7, 1994 R-5 At, ROVED ,'..., TO LEGAL - 21 - Itct~ III-L4. ORDINANCES ITEM # 38O7.$ Upon motion by Councilman Branch, seconded by Vice Mayor Sessorns, City Council ADOPTED: Ordinance to AMEND and REORDAIN Sections 21-374.1, 21-402 and 21-440.11 of the Code of the City of Virginia Beach, Virginia, re parking. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Paul J. Lanteigne Items 111-1.3, 4 and 5 were voted upon in ONE MOTION. June 14, 1994 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 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 21-374.1, 21-402 AND 21- 440.11 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PARKING BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 21-374.1, 21-402 and 21-440.11 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: Section 21-374.1 Appointees to enforce parking regulations. The city manager is hereby authorized to appoint persons city personnel and/or personnel servinq under contract with the city to enforce the provisions of sections 21-364 through 21-374 of the city code in addition to the regular police officers of the city. Such persons personnel shall wear a uniform as prescribed by the city manager. Nothing shall preclude the city manager from appointing persons personnel under this section who may also have been appointed under section 21-402 of the city code. ~ Sec. 21-402. Appointment of persons to enforce division. The city manager is authorized to appoint persons. city personnel and/or personnel servinq under contract with the city to enforce the provisions of this division, except section 21-406, in addition to the regular police officers of the city. Such persons personnel shall wear a uniform as prescribed by the city manager. Sec. 21-440.11. Appointees to enforce parking regulations. The city manager shall be authorized to appoint persons city personnel and/or personnel servinq under contract with the city, in addition to regular police officers of the city, to enforce the provisions of this division. Such persons personnel shall, while performing their duties pursuant to this division, wear a uniform prescribed by the city manager. 33 This ordinance shall become effective July 1, 1994. 34 35 Adopted by the Council of the city of Virginia Beach, Virginia on the 14th day of 3une , 1994. 36 37 38 39 CA-5582 ~ORDIN~PROPOSED~21ETSEQ.ORD R-3 MAY 26, 1994 APPROVED AS TO LEGAL SUFFICIENCY Item III-L 5. ORDINANCES ITEM # 38076 Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to APPROPRIATE $46,000 to the FY 1994-1995 Operating Budget of the Parking Systems Management Office; and, to APPROPRIATE $27,000 to the Tourism Growth Investment Fund Reserve (TGIF), increasing estimated revenues accordingly. l/bting : 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Paul J. Lanteigne Items 111-1.3, 4 and 5 were voted upon in ONE MOTION. June 14, 1994 1 2 3 4 5 AN ORDINANCE TO APPROPRIATE $46,000 TO THE FY 94-95 OPERATING BUDGET OF THE PARKING SYSTEMS MANAGEMENT OFFICE AND $27,000 TO THE TOURISM GROWTH INVESTMENT FUND RESERVE WITH A CORRESPONDING INCREASE IN ESTIMATED REVENUES 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, by ordinance adopted June 9, 1992, City Council amended Chapter 21, Article XI of the City Code by adding a new Division 4 pertaining to Residential Parking Permits; WHEREAS, the Parking Systems Management Office has estimated that with approximately $46,000 in additional resources for enhanced enforcement of the Residential Parking Permit Program, revenues generated by fines can be increased by an additional $73,000; and WHEREAS, the remaining $27,000 is available for appropriation to the Tourism Growth Investment Fund Reserve. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $46,000 be appropriated to the FY 94-95 operating budget of the Parking Systems Management Office, and $27,000 be appropriated to the Tourism Growth Investment Fund Reserve, with a corresponding increase in estimated revenues generated by an increase in parking fines from enhanced enforcement. Adopted by the Council of the City of Virginia Beach, 14 June Virginia, on the day of , 1994. 25 This Ordinance shall be in affect on July 1, 1994. 26 27 28 29 30 31 32 33 CA-5611 ORDIN\NONCODE\PARKSYS.ORD R-1 PREPARED: 06/07/94 APPROVED AS TO CONTENT Walter C. Kraem~, Jr. Department of Management and Budget APPROVF,.r), AS TO LEGA~ .... Item III-L6. a. ORDINANCES ITEM # 38077 Upon motion by Councilman Moss, seconded by Councilman Dean, City Council AUTHORIZED: $20,000 be transferred to Project 1-022 Tallwood High School. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None Councilman Moss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, his wife is currently employed by the City of Virginia Beach School Board as a Teacher earning an annual salary in excess of $10,000. Councilman Moss declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made apart of the record. June 14, 1994 Item III-L6. b. ORDINANCES ITEM # 38078 Upon motion by Vice Mayor Sessoms, seconded by Cuncilman Branch, City Council AUTHORIZED: $102,440 be transferred to Project 1-059 First Colonial High School site improvements Voting: 9-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf,, Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert I~ Dean and John D. Moss Council Members Absent: None Councilman Moss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, his wife is currently employed by the City of Virginia Beach School Board as a Teacher earning an annual salary in excess of $10,000. Councilman Moss declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made apart of the record. June 14, 1994 1 2 3 AN ORDINANCE TO TRANSFER $122,440 WITHIN VARIOUS SCHOOL CAPITAL IMPROVEMENT PROJECTS TO MEET FUNDING NEEDS FOR PROJECT COMPLETION 4 5 WHEREAS, the School Division has identified additional funding needs for First Colonial High School and Tallwood High School capital needs; WHEREAS, these funding needs can be addressed by transfer of funding identified as available in other School capital projects which are completed; 8 9 10 WHEREAS, the School Board has recommended that funds be transferred between these projects to address these needs, and Board action has been communicated to the City by the Superintendent. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $122,440 are hereby transferred as shown below to proceed with closing out of the Tallwood High School project and completion of the First Colonial Project: Transfer To: Project 1-022 Tallwood High School Project 1-059 Pay-as-You-Go TOTAL 20,000 102,440 122,440 Transfer From: Project 1-005 First Colonial High School Project 1-011 Strawbridge Elementary Project 1-980 Corporate Landing Elementary Project 1-982 Landstown Elementary and Middle Project 1-992 Various Schools Reroofing - Phase IV TOTAL 582 6,994 64,238 50,000 626 122,440 26 This ordinance shall be effective on the date of its adoption. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia on the June day of ,1994. Fourteenth 29 30 31 32 Approved as to Content: Walte~ C. Kraemer, J~./~- Management and Budget Item 111-41, CONSENT AGENDA ITEM # 38079 Upon motion by Vice Mayor Sessorns, seconded by Councilman Moss, City Council APPROVED in ONE MOTION, Items 1, 2, 3 and 5 of the CONSENT AGENDA. Item III-J. 4 of the CONSENT AGENDA was pulled for a separate vote. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert If. Dean, Louis R~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy ~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None June 14, 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 21-116, 21-128, 21-207, 21- 246, 21-253, 21-296, 21-371, 21-442, AND 21-443 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO MOTOR VEHICLES AND TRAFFIC ,4FP~VED' AS IO CONTENTS NAIURE APi~'~ROVED AS TO LEGAL &iJ. FF~_NCY AND FORM BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 21 Sections 21-116, 21-128, 21-207, 21-246, 21- 253, 21-296, 21-371, 21-442 and 21-443 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section Z1-116. Obstructions to windshield or windows generally. (a) Except as otherwise provided in this article or permitted by state or federal law, it shall be unlawful for any person to operate any motor vehicle upon a highway within the city with any sign, poster, colored or tinted film or~..~.~~~ sun-shading material or other colored material on the windshield, front or rear side windows or rear windows of such motor vehicle. This provision, however, shall not apply to any certificate or other paper required by law or permitted by the superintendent to be placed on a motor vehicle's window or windshield. (b) Notwithstanding the provisions of subsection (a) of this section, whenever a motor vehicle is equipped with a mirror on each side of such vehicle, so located as to reflect to the operator of such vehicle a view of the highway for a distance of not less than two hundred (200) feet to the rear of such vehicle, any or all of the following shall be lawful: (1) To drive a motor vehicle equipped with one optically grooved clear plastic right-angle rear view lens attached to one rear window of such motor vehicle, not exceeding eighteen (18) inches in diameter in the case of a circular lens or not exceeding eleven (11) inches by fourteen (14) 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 inches in the case of a rectangular lens, which enables the operator of the motor vehicle to view below the line of sight as viewed through the rear window; (2) To have affixed to the rear side windows, rear window or windows of a motor vehicle any sticker or stickers, regardless of size; or (3) To drive a motor vehicle when the driver's clear view of the highway through the rear window or windows is otherwise obstructed. (c) Except as provided in Code of Virginia section 46.2-1053, but notwithstanding the foregoing provisions of this section, no ......... 1.,~ sun-shading material or tinting film may be applied or affixed to any window of a motor vehicle unless such motor vehicle is equipped with a mirror on each side of such motor vehicle, so located as to reflect to the driver of the vehicle a view of the highway for at least 200 feet to the rear of such vehicle, and the .....~..~,.~,.~~~ sun-shading material or tinting film is applied or affixed in accordance with the following: (1) No~,.~..~,.~~~ sun-shading material or tinting films may be applied or affixed to the rear side windows or rear window or windows of any motor vehicle operated on the highways of this city that reduces the total light transmittance of such window to less than thirty-five percent; (2) NO ..... ~~ ............ ~ sun-shading material or tinting films may be applied or affixed to the front side windows of any motor vehicle operated on the highways of this city that reduces total light transmittance of such window to less than fifty percent; (3) No ~ ~'~ ~un ..... ~..~ sun-shading material or tinting films shall be applied or affixed to any window of a motor vehicle that has a reflectance of light exceeding twenty percent; 2 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 (4) Any person who operates a motor vehicle on the highways of this city with~.~~·.~ sun-shading material or tinting films that has a total light transmittance less than that required by subdivisions 1 and 2 of this subsection or a reflectance of light exceeding twenty percent shall be guilty of a traffic infraction but shall not be awarded any demerit points by the commissioner for the violation; (5) Any person or firm who applies or affixes to the windows of any motor vehicle in this city ............ g sun-shading material or tinting films that reduce the light transmittance to levels less than that allowed in subdivisions 1 and 2 of this subsection or that have a reflectance of light exceeding twenty percent shall be guilty of a Class 3 misdemeanor for the first offense and of a Class 2 misdemeanor for any subsequent offense. (d) The Virginia Division of Purchases and Supply, pursuant to Code of Virginia section 2.1-446, shall determine the proper standards for equipment or devices used to measure light transmittance through windows of motor vehicles. Law-enforcement officers shall use only such equipment or devices to measure light transmittance through windows that meet the standards established by the Division. Such measurements made by law-enforcement officers shall be given a tolerance of minus seven (-7) percentage points. (e) No film or darkening material may be applied on the windshield except to replace the sunshield in the uppermost area as installed by the manufacturer of the vehicle. (f) Nothing in this section shall be construed as prohibiting the affixing to the rear window of a motor vehicle of a single sticker no larger than twenty (20) square inches in area if such sticker is totally contained within the lower five (5) inches of the glass of such rear window, nor shall the provisions of 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 subsection (b) of this section be applied to a motor vehicle to which but one such sticker is so affixed. (g) Operation of a vehicle equipped by the manufacturer with tinted glass conforming to federal Department of Transportation specifications shall not constitute a violation of this section. (h) Where a person is convicted within one year of a second or subsequent violation of this section, or of section 46.2-1052 of the Code of Virginia, involving operation of the same vehicle having a tinted or smoked windshield, the court, in addition to any other penalty, may order the person so convicted to remove such tinted or smoked windshield from the vehicle. (i) The provisions of this section shall not apply to law enforcement vehicles. Section 21-128. Television receivers in vehicles· (a) No motor vehicle operated in the city shall be equipped with, nor shall there be used therein, a television receiver forward of the driver's seat or the screen of which would otherwise be visible to the driver while operating the vehicle. This section shall apply to all motor vehicles which are registered or should be registered in the state. The operator of a motor vehicle which is not registered in the state and is not required to be registered in the state shall not operate a television receiver which violates thee provisions of this section while driving through or within the city. Any person violating this section shall be guilty of a misdemeanor. (b) The prohibitions contained in subsection (a) above shall not include: (1) Electronic displays used in conjunction with vehicle navigation systems; (2) Closed circuit video monitors designed to operate only in conjunction with dedicated video cameras and used in rear-view systems on trucks and motor homes~ and 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 (3) Television receivers or monitors used in Section 21-207· qovernment-owned vehicles by law-enforcement officers and employees of the Virqinia Department of Transportation in the course of their official duties. Liquidated damages for violation of weight limits; storage, disposition, etc., of vehicle and cargo involved in weight violation. (a) Any person violating any weight limit as provided by this chapter or in any permit issued either by the Virginia Department of Transportation or by the city manager pursuant to this code shall be assessed liquidated damages. The amount of those damages shall be two cents ($.02) per pound for each pound of excess weight over the prescribed limit in this article for an excess which does not exceed 5,000 pounds, five cents ($.05) per pound for each pound of excess weight over the prescribed limit in this article when such excess is more than 5,000 pounds, two cents ($.02) per pound for each pound of excess axle weight over the prescribed limit in any permit issued pursuant to § 46.2-1139 or § 46.2-1148 of the Code of Virginia when the excess is 5,000 pounds or less, five cents ($.05) per pound for each pound of excess axle weight over the prescribed limit in any permit issues pursuant to § 46.2-1139 or § 46.2-1148 of the Code of Virginia, when such excess is more than 5,000 pounds and ten cents ($.10) per pound for each pound of excess gross weight over the prescribed limit in any permit issued pursuant to § 46.2-1139 or § 46.2-1148 of the Code of Virginia. However, whenever any vehicle does not exceed the gross weight permitted according to the table provided in § 46.2-1139 of the Code of Virginia, and exceeds the axle weight in this article by 2,000 pounds or less, the liquidated damages shall be assessed in the amount of one cent ($.01) per pound for each pound of excess weight over the prescribed axle limit in this article. If a person has no prior violations under the motor vehicle weight laws, and the excess weight does not exceed 2,500 pounds, the general district court may waive the liquidated damages against such 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 person. Such assessment shall be entered by the court or by the department as a judgment for the city, the entry of which shall constitute a lien upon the overweight vehicle. Such sums shall be paid to the court or collected by the city attorney and forwarded to the city treasurer and allocated to the fund appropriated for the construction and maintenance of city highways. (b) If the gross weight of the vehicle exceeds lawful limits by at least thirty-five (35) percent but not more than fifty (50) percent, the amount of the liquidated damages shall be two times the amount provided for in subsection (a) above; if the gross weight of the vehicle exceeds lawful limits by more than fifty (50) percent, the amount of the liquidated damages shall be three (3) times the amount provided for in subsection (a) above. The provisions of subsection (b) shall not apply to pickup or panel trucks. ~, (c) The charge hereinabove specified shall be in addition to any other liability which may be legally fixed against such owner or operator of the vehicle in question for damage to a highway or bridge attributable to such weight violation. Section 21-246. Driving through funeral or other processions· No vehicle that is not properly part of a funeral procession shall join, pass through, or interfere with the passage of any funeral procession under escort as provided in section 21-244. Section 21-253. Driving on sidewalks. If any person drives any vehicle~ other than (i) an emergency vehicle as defined in section 46.2-920 of the Code of Virginia, 209 210 (ii) a vehicle engaged in snow or ice removal and control operations, (iii) a wheelchair or wheelchair conveyance, whether 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 self-propelled or otherwise, or (iv) a bicycle, where not restricted by ordinance, on the sidewalks of the city, he shall be guilty of a traffic infraction and, upon conviction, shall be fined not more than --- two hundred dollars '~ .... ~100.00) ($200.00). Section 21-296· Same--Precedence of signals given by law officers and school crossing guards· (a) Law-enforcement officers may assume control of traffic at any intersection, regardless of whether such intersection is controlled by lights, controlled by other traffic control devices, or uncontrolled. Whenever any law-enforcement officer so assumes control of traffic, all drivers of vehicles shall obey his signals. (b) Officers of the law and uniformed school crossing guards may assume control of traffic otherwise controlled by lights, e~ ....... r .................... and in such event s nals such officers and uniformed crossing guards shall take precedence over .... traffic-control devices. such l~ ~ -~- Section 21-371. Parking in space reserved for handicapped persons. (a) It shall be unlawful for a ~'~'~ ..... ~ ..... ~-~ ~'~ ~ ark ~ .................... ~ ......................... erson to park any vehicle in a parking space reserved for persons with disabilities which limit or impair their ability to walk, unless such vehicle is displaying disabled parking license plates, an orqanizational removable windshield placard, a permanent removable windshield placard or a temporary removable windshield placard issued under Code of Virginia section 46.2-731; or DV disabled license plates issued under Code of Virginia section 46.2-739, 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 subsection B. Spaces reserved for thc ~-~ ..... ~ ......... ~ persons with disabilities shall be identified by above grade signs in accordance with the provisions of Code of Virginia Ccdc section 36-99.10. The words, "Minimum penalty for violation $50.00," may be posted on an accompanying sign. (b) Any operator of a motor vehicle parked in violation of this section in a parking space reserved for ~^ ~-~ ..... ~ disabled persons on public property or at a privately owned parking area shall be ~"~'~ ~ ~ ....... bj ................. su ect to a fine of not more than two hundred and fifty dollars ($250.00), and may be issued a summons ~ ..... ~ ~ ~~- ~= ~ m ............ or parking ticket without the necessity of e war-~-~ bc~ng c~a .... d b= the owner of such private parking area obtaining a warrant. (c) When a notice or citation is attached to a vehicle found parked in violation of this section, the owner of the vehicle may, within fourteen (14) calendar days thereafter, pay to the city treasurer, in satisfaction of such violation, a penalty of fifty dollars (50.00). Such payment shall constitute a plea of guilty for the violation in question. If such payment is not postmarked or received by the city treasurer within fourteen (14) calendar days of the city after receipt of such notice or violation, the penalty shall be one hundred dollars ($100.00). The failure of any owner to make payment as prescribed above, or to present the notice or citation for a violation of this section at an office of the city treasurer for certification to the general district court, within thirty (30) days, shall render such owner, upon conviction of such violation, subject to a fine of not more than two hundred and fifty dollars ($250.00). Section 21-442. Operator of motorcycle to ride only on permanent seat; carrying passengers. (a) A person operating a motorcycle, as defined in Code of Virqinia section 46.2-100, excluding ~ ~ .... ~'~) "~^~^~,,~~ and three (3) wheeled vehicles, shall ride only upon the permanent and regular seat attached to the motorcycle, and such operator shall not carry any other person and no other person shall ride on the motorcycle, 8 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 3O0 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 unless it is designed to carry more than one person, in which event, a passenger may ride upon the permanent and regular seat, if designed for two (2) persons, or upon another seat firmly attached to the rear or side of the seat of the operator. If such motorcycle is designed to carry more than one person, it shall also be equipped with a footrest, for the use of such passenger. (b) Any person who knowingly violates this section shall be guilty of a Class 3 misdcmcancr traffic infraction punishable by a fine of not more than one hundred dollars ($100.00). Section 21-443. Safety devices for protection of motorcycle operators and passengers. (a) A person operating a motorcycle shall wear a face shield, safety glasses or goggles or have his motorcycle equipped with safety glass or a windshield at all times while operating such vehicle, and operators and passengers thereon, if any, shall wear protective helmets. Operators and passengers riding on motorcycles with wheels of eight (8) inches or less in diameter or in three (3) wheeled motorcycles which have non-removable roofs, windshields and enclosed bodies shall not be required to wear protective helmets. The superintendent shall establish standards for the windshields, face shields, glasses or goggles and protective helmets required herein. Failure to wear a face shield, safety glasses or goggles or a protective helmet shall not constitute negligence per se in any civil proceeding. (b) No motorcycle operator shall use any face shield, safety glasses or goggles or have his motorcycle equipped with safety glass or a windshield, unless of a type approved by the superintendent. (c) Any person who knowingly violates this section shall be guilty of a Class 3 misdcmcanor traffic infraction punishable by a fine of not more than one hundred ($100.00) dollars. This ordinance shall become effective July 1, 1994. Adopted by l~th~ City Council of the City of Virginia Beach, Virginia this day of June , 1994. CA-5602 R3 ORDIN%PROPOSED%21-116ET.ORD JUNE 3, 1994 9 - 27 - Item III-J. 2 CONSENT AGENDA ITEM# 38081 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance to AMEND and REORDAIN Chapter 21, Article X of the Code of the City of Virginia Beach, Virginia, by AMENDING Sections 21-336, 21-337, 21-338, 21-339, 21-340, and 21-341; and, ADDING a new Section 21-336.1 re driving while under the influence of alcohol and/or drugs. Voting: I1-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None June 1~ 1994 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 21, ARTICLE X OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY AMENDING SECTIONS 21- 336, 21-337, 21-338, 21-339, 21-340, AND 21-341, AND ADDING A NEW SECTION 21-336.1 PERTAINING TO DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS 10 11 12 13 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 21, Article X of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained by amending sections 21-336, 21-337, 21-338, 21-339, 21-340 and 21-341 and adding a new section 21-336.1 to read as follows: 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ARTICLE X. DRIVING WHILE UNDER INFLUENCE OF ALCOHOL AND/OR DRUGS Section 21-336. Prohibited. (a) No person shall drive or operate in the city any automobile or other motor vehicle, engine or train (i) while such person has a blood alcohol concentration of ~ ...... ~"-~-~- ~v.~v,'~ "~' 0.08 percent or more by weight by volume or 0.08 qrams or more per 210 liters of breath as indicated by a chemical test administered in accordance with the provisions of section 21-338, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely. (b) For the purposes of this section, the term "motor vehicle" ~..~ ~..~~"~^ includes mopeds while operated on the public highways of the city. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 Section 21-336.1 Persons under age twenty-one driving after illegally consuming alcohol; penalty. (a) It shall be unlawful for any person under the age of twenty-one (21) years to operate any motor vehicle after illegally consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section. (b) A violation of this section shall be punishable by forfeiture of such person's license to operate a motor vehicle for a period of six (6) months from the date of conviction and by a fine of not more than five hundred dollars ($500.00). The penalties and license forfeiture provisions set forth in section 16.1-278.9 of the Code of Virginia and sections 21-340 and 21-341 52 53 of this code shall not apply to a violation of this section. Any person convicted of a violation of this section shall be eligible 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 to attend an Alcohol Safety Action Program under the provisions of section 18.2-271.1 of the Code of Virginia and shall be eligible for a restricted license during the term of license suspension. (c) Notwithstanding sections 16.1-278.8 and 16.1-278.9 of th~ Code of Virginia, upon adjudicating a juvenile delinquent based upon a violation of this section, the juvenile and domestic relations district court shall order disposition as provided in subsection (b). Section 21-337. Analysis of breath to determine alcoholic content of blood. (a) Any person who is suspected of a violation of section 21- 336 or of section 21-336.1 shall be entitled, if the equipment referred to in subsection (b) below is available, to have his breath analyzed to determine the probable alcoholic content of his blood. The person shall also be entitled, upon request, to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. His 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 breath may be analyzed by any police officer of the city in the normal discharge of his duties. (b) The method and equipment to be used in analyzing breath samples taken pursuant to this section shall be such as are prescribed by the State Department of General Services, Division of Forensic Science. (c) Any person who has been stopped by a police officer and is suspected by such officer to be guilty of a violation of section 21-336 or of section 21-336.1 shall have the right to refuse to permit his breath to be so analyzed, and his failure to permit such analysis shall not be evidence in any prosecution under section 21- 336 or of section 21-336.1. (d) Whenever the breath sample so taken and analyzed indicates that there is alcohol present in the blood of the person from whom the breath was taken, the officer may charge such person with a violation of section 21-336 or of section 21-336.1. The person so charged shall then be subject to the provisions of section 21-338. (e) The results of the breath analysis shall not be admitted into evidence in any prosecution under section 21-336 or section 21-336.1, the purpose of this section being to permit a preliminary analysis of the alcoholic content of the blood of a person suspected of having violated the provisions of section 21-336 or of section 21-336.1. (f) Police officers shall, upon stopping any person suspected of having violated the provisions of section 21-336 or of section 21-336.1, advise the person of his rights under the provisions of this section. (g) Nothing in this section shall be construed as limiting the provisions of section 21-338. Section 21-338. Chemical testing to determine alcohol or drug content of blood. (a) Definitions. As used in this section, unless the context clearly indicates otherwise: 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 (1) The phrase "alcohol or drug" means alcohol, a drug or drugs, or any combination of alcohol and a drug or drugs. (2)The phrase "blood or breath" means either or both. (3) "Director" means Director of Division of Forensic Science. (4)"Division" means the Division of Forensic Science. (5) "License" means any driver's license, temporary driver's license, or instruction permit authorizing the operation of a motor vehicle upon the highways. (6)"Ordinance" means a county, city or town ordinance. (b) Implied consent to post-arrest chemical test to determine drug or alcohol content of blood. (1) Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in Code of Virginia section 46.2-100, in this city shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of section 21-336 within two (2) hours of the alleged offense. (2) Any person so arrested for a violation of section 21-336(i) or (ii), or both, or section 21-336.1, shall elect to have either a blood or breath sample taken, but not both. If either the blood test or the breath test is not available, then the available test shall be taken and it shall not be a matter of defense if the blood test or the breath test is not available. If the accused elects a breath test, he shall be entitled, upon request, to observe the process of analysis and to see the blood-alcohol reading on the equipment used to 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 (c) perform the breath test. If the equipment automatically produces a written printout of the breath test result, the printout, or a copy, shall be given to the accused. (3) A person, after having been arrested for a violation of section 21-336 (iii) or (iv), or of section 21-336.1, may be required to submit to tests to determine the alcohol or drug content of his blood. If a person, after having been arrested for a violation of section 21-336 (i) or (ii), or both, chooses to submit to a breath test in accordance with subsection (b) (2) of this section, he may also be required to submit to tests to determine the drug content of his blood if the law- enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs. Refusal of tests; procedures. (1) If a person, after having been arrested for a violation of section 21-336 or of section 21-336.1 and after having been advised by the arresting officer that a person who operates a motor vehicle upon a public highway in this city is deemed thereby, as a condition of such operation, to have consented to have samples of his blood e~ and breath taken for chemical tests to determine the alcohol or drug content of his blood, and that the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of this city, then refuses to permit blood or breath samples to be taken for such tests, the arresting officer shall take the person before a committing magistrate. If he again so refuses after having been further 5 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 2O5 206 207 208 (2) (3) (4) advised by the magistrate of the law requiring blood or breath samples to be taken and the penalty for refusal, and so declares again his refusal in writing upon a form provided by the Supreme Court, or refuses or fails to so declare in writing and such fact is certified as prescribed below, then no blood or breath samples shall be taken even though he may later request them. The form shall contain a brief statement of the law requiring the taking of blood or breath samples and the penalty for refusal, a declaration of refusal, and lines for the signature of the person from whom the blood or breath sample is sought, the date, and the signature of a witness to the signing. If the person refuses or fails to execute the declaration, the magistrate shall certify such fact and that the magistrate advised the person that a refusal to permit a blood or breath sample to be taken, if found to be unreasonable, constitutes grounds for revocation of the person's privilege to operate a motor vehicle on the highways of this city. The magistrate shall summons charging section 21-338(b). promptly issue a warrant or the person with a violation of The warrant or summons shall be executed in the same manner as criminal warrants. The executed declaration of refusal or the certificate of the magistrate, as the case may be, shall be attached to the warrant and shall be forwarded by the magistrate to the court. When the court receives the declaration or certificate and the warrant or summons charging refusal, the court shall fix a date for the trial of the warrant or summons, at such time as the court designates but subsequent to the defendant's 6 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 criminal trial for driving under the influence of intoxicants. (5) The declaration of refusal or certificate of the magistrate shall be prima facie evidence that the defendant refused to allow a blood or breath sample to be taken to determine the alcohol or drug content of his blood. However, this shall not prohibit the defendant from introducing on his behalf evidence of the basis for his refusal. The court shall determine the reasonableness of such refusal. (d) Appeal and trial; sanctions for refusal. The procedure for appeal and trial shall be the same as provided by law for misdemeanors; if requested by either party on appeal to the circuit court, trial by jury shall be as provided in Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2, Code of Virginia, and the city shall be required to prove its case beyond a reasonable doubt. If the court or jury finds the defendant guilty as charged in the warrant or summons issued pursuant to subsection (c), the court shall suspend the defendant's privilege to drive for a period of year However, if the defendant pleads guilty to a violation of section 21-336, or of section 21-336.1, the court may dismiss the warrant or summons. The court shall forward the defendant's license to the Commissioner of the Department of Motor Vehicles of Virginia as in other cases of similar nature for suspension of license. However, if the defendant appeals his conviction, the court shall return the license to him upon his appeal being perfected. (e) Qualifications and liability of persons authorized to take blood sample; procedure for taking samples. For purposes of this article, only a physician, registered professional nurse, 7 244 245 246 247 248 249 25O 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 graduate laboratory technician or a technician or nurse designated by order of a circuit court acting upon the recommendation of a licensed physician, using soap and water, polyvinylpyrrolidone iodine or benzalkonium chloride to cleanse the part of the body from which the blood is taken and using instruments sterilized by the accepted steam sterilizer or some other sterilizer which will not affect the accuracy of the test, or using chemically clean sterile disposable syringes, shall withdraw blood for the purpose of determining its alcohol or drug or both alcohol and drug content. It is a Class 3 misdemeanor to reuse single-use-only needles or syringes. No civil liability shall attach to any person authorized to withdraw blood as a result of the act of withdrawing blood as provided in this section from any person submitting thereto, provided the blood was withdrawn according to recognized medical procedures. However, the person shall not be relieved from liability for negligence in withdrawing of any blood sample. No person arrested for a violation of section 21-336 or of section 21-336.1 shall be required to execute in favor of any person or corporation a waiver or release of liability in connection with the withdrawal of blood and as a condition precedent to the withdrawal of blood as provided for in this section. (f) Transmission of blood samples. Adequate portions of blood samples withdrawn pursuant to subsection (e) shall be placed in vials provided by the Division of Forensic Science. The vials shall be sealed by the person taking the sample or at his direction. The person who seals the vial shall complete the prenumbered certificate of blood withdrawal form attached to the vial by the Division. The completed withdrawal certificate for each vial shall show the name of the accused, the name of the person taking the blood sample, the date and time the blood sample was taken and information identifying the arresting or accompanying officer. The officer shall initial the completed certificate. The vials shall be divided between two containers provided by the Division, and the containers shall be sealed to prevent tampering 8 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 3O5 306 307 308 309 310 311 312 313 with the vial. The arresting or accompanying officer shall take possession of the two containers as soon as the vials are placed in such containers and sealed, and shall promptly transport or mail one of the containers to the Division. Immediately after taking possession of the second container, the officer shall give to the accused a form provided by the Division which sets forth the procedure to obtain an independent analysis of the blood in the second container, and a list of the names and addresses of laboratories approved by the Division. The form shall contain a space for the accused or his counsel to direct the officer possessing the second container to forward it to an approved laboratory for analysis, if desired. If the accused directs the officer in writing on the form to forward the second container to an approved laboratory of the accused's choice, the officer shall do so. If the accused does not direct otherwise on the form, the officer having the second container shall deliver it to the chief of police or his designee. The chief of police, or his designee, upon receiving the container, shall retain it for a period of seventy-two hours, during which time the accused or his counsel may, in writing, on the form provided hereinabove, direct the chief of police or his designee to mail the second container to the laboratory the accused has chosen from the approved list. The contents of the second container shall be transmitted, tested and admitted in evidence in the same manner and in accordance with procedures established for the sample sent to the Division; however, an analysis of the second blood sample to determine the presence of a drug or drugs shall not be performed unless an analysis of the first blood sample by the Division has indicated the presence of such drug or drugs. If the chief of police or his designee having possession of the second container is not directed as herein provided to mail it within seventy-two hours after receiving the container, he shall destroy it. (g) Transmission of blood test results; use as evidence. Upon receipt of a blood sample forwarded to the Division for 9 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 .334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 analysis pursuant to subsection (f), the Division shall have it examined for its alcohol or drug or both alcohol and drug content and the Director shall execute a certificate of analysis indicating the name of the accused, the date, time and by whom the blood sample was received and examined; a statement that the seal on the vial had not been broken or otherwise tampered with; a statement that the container and vial were provided by the Division and that the vial was one to which the completed withdrawal certificate was attached; and a statement of the sample's alcohol or drug or both alcohol and druq content. The director shall remove the withdrawal certificate from the vial, attach it to the certificate of analysis and state in the certificate of analysis that it was so removed and attached. The certificate of analysis with the withdrawal certificate shall be returned to the clerk of the court in which the charge will be heard. The vial and blood sample shall be destroyed after completion of the analysis. A similar certificate of analysis, with the withdrawal certificate from the independent laboratory which analyzes the second blood sample on behalf of the accused, shall be returned to the clerk of the court in which the charge will be heard. destroyed after completion of the laboratory. The blood sample shall be analysis by the independent When a blood sample taken in accordance with the provisions of subsections (b) through (f) is forwarded for analysis to the Division, a report of the test results shall be filed in that office. Upon proper identification of the certificate of withdrawal, the certificate of analysis, with the withdrawal certificate attached, shall, when attested by the Director, be admissible in any court, in any criminal or civil proceeding, as evidence of the facts therein stated and of the results of such analysis. On a motion of the accused, the certificate prepared for the second sample shall be admissible in evidence when attested by the pathologist or by the supervisor of the approved laboratory. Upon request of the person whose blood or brcath was analyzed, the test results shall be made available to him. 10 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 The director may delegate or assign these duties to an employee of the Division of Forensic Science ........... ~'~ ~ provlo~.~' ~- of ~ ~ ' ~ ~ 2 0 01:2 ~c f Vlrg~ ~^~ ~-~ (h) Fees. Payment for withdrawing blood shall not exceed twenty-five dollars, which shall be paid out of the appropriation for criminal charges. If the person whose blood sample was withdrawn is subsequently convicted for a violation of section 21- 336 or of section 21-336.1, ~ ~-~lar ~-~ ..... .................. , or is placed under the purview of a probational, educational, or rehabilitational program as set forth in section 18.2-271, Code of Virginia, the amount charged by the person withdrawing the sample shall be taxed as part of the costs of the criminal case and shall be paid into the general fund of the state treasury. Approved laboratories determining the alcohol content of the second blood sample shall be allowed a fee of no more than twenty- five dollars, which shall be paid out of the appropriation for criminal charges. Payment for determining the presence of a drug or drugs in the second sample may not exceed the amount established on the Divisions' fee schedule and shall be paid out of the appropriation for criminal charges. If a person whose blood sample was withdrawn is subsequently convicted for violation of section 2-336 or of section 21-336.1, (i) the fee paid by the Commonwealth to the laboratory for testing the second blood sample and (ii) a fee of twenty-five dollars for testing the first blood sample by the Division shall be taxed as part of the costs of the criminal case and shall be paid into the general fund of the state treasury. (i) Assurance of breath-test validity; use of test results as evidence. To be capable of being considered valid as evidence in a prosecution under section 21-336 or section 21-336.1, chemical analysis of a person's breath shall be performed by an individual possessing a valid license to conduct such tests, with a type of equipment and in accordance with methods approved by the Department of General Services, Division of Forensic Science. The Division 11 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 4O5 406 407 4O8 409 410 411 412 413 414 415 416 417 shall test the accuracy of the breath-testing equipment at least once every six months. The Division shall establish a training program for all individuals who are to administer the breath tests. The program shall include at least forty hours of instruction in the operation of the breath-test equipment and the administration of such tests. Upon a person's successful completion of the training program, the Division may license him to conduct breath-test analyses. Any individual conducting a breath test under the provisions of subsection (b) shall issue a certificate which will indicate that the test was conducted in accordance with the Division's specifications, the equipment on which the breath test was conducted has been tested within the past six months and has been found to be accurate, the name of the accused, that prior to administration of the test, the accused was advised of his right to observe the process and see the blood alcohol readinq on th~ equipment used to perform the breath test, the date and time the sample was taken from the accused, the sample's alcohol content, and the name of the person who examined the sample. This certificate, when attested by the individual conducting the breath test, shall be admissible in any court in any criminal or civil proceeding as evidence of the facts therein stated and of the results of such analysis. Any such certificate of analysis purporting to be signed by a person authorized by the Division shall be admissible in evidence without proof of seal or signature of the person whose name is signed to it. A copy of the certificate shall be promptly delivered to the accused. The officer making the arrest, or anyone with him at the time of the arrest, or anyone participating in the arrest of the accused, if otherwise qualified to conduct such test as provided by this section, may make the breath test or analyze the results. (j) Evidence of violation of section 21-336 or section 21- 336.1. In any trial for a violation of section 21-336 or of section 21-336.1, the admission of the blood or breath test results shall not limit the introduction of any other relevant evidence 12 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 bearing upon any question at issue before the court, and the court shall, regardless of the result of any blood or breath test, consider other relevant admissible evidence of the condition of the accused. If the test results indicate the presence of any drug other than alcohol, the test results shall be admissible only if other competent evidence has been presented to relate the presence of the drug or drugs to the impairment of the accused's ability to drive or operate any motor vehicle, engine or train safely. The failure of an accused to permit a blood or breath sample to be taken to determine the alcohol or drug content of his blood is not evidence and shall not be subject to comment by the prosecution at the trial of the case, except in rebuttal; nor shall the fact that a blood or breath test had been offered the accused be evidence or the subject of comment by the prosecution, except in rebuttal. The court or jury trying the case involving a violation of clause (ii), (iii) or (iv) of section 21-336 or of section 21- 336.1 shall determine the innocence or guilt of the defendant from all evidence concerning his condition at the time of the alleged offense. (k) Substantial subsections identifying, procedural and not substantive. (b) through (i) and disposing of compliance. The relating steps set forth in to taking, handling, blood or breath samples are Substantial compliance shall be sufficient. Failure to comply with any steps or portions thereof, or a variance in the results of the two (2) blood tests, shall not of itself be grounds for finding the defendant not guilty, but shall go to the weight of the evidence and shall be considered with all the evidence in the case; however, the defendant shall have the right to introduce evidence on his own behalf to show noncompliance with the aforesaid procedures or any part thereof, and that as a result his rights were prejudiced. Section 21-339. Presumptions from alcohol a3=e~h~=ie content of blood. In any prosecution for a violation of section 21-336, the amount of alcohol in the blood of the accused at the time of the alleged offense, as indicated by a chemical analysis of a sample of 13 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 the accused's blood or breath to determine the alcohol ~ content of his blood in accordance with the provisions of section 21-338, shall give rise to the following rebuttable presumptions: (1) If there was at that time 0.05 percent or less by weight by volume of alcohol in the accused's blood, or 0.05 grams or less per 210 liters of the accused's breath, it shall be presumed that the accused was not under the influence of alcohol alcoholic intoxicants at the time of the alleged offense. (2) If there was at that time in excess of 0.05 percent but less than 0.08 0.I0 percent by weight by volume of alcohol in the accused's blood, or 0.05 grams but less than 0.08 qrams per 210 liters of the accused's breath, such facts shall not give rise to any presumption that the accused was or was not under the influence of alcohol alcoholic intoxicants at the time of the alleged Qffense, but such facts may be considered with other competent evidence in determining the guilt or innocence of the accused. (3) If there was at that time 0.08 0.i0 percent or more by weight by volume of alcohol in the accused's blood, or 0.08 grams or more per 210 liters of the accused's breath, it shall be presumed that the accused was under the influence of alcckolic alcohol intoxicants at the time of the alleged offense. 475 476 477 478 479 480 481 482 483 484 485 486 487 488 Section 21-340. General penalty. (a) Any person violating any provision of section 21-336 shall be guilty of a Class 1 misdemeanor. Any person convicted of a second offense committed within less than five (5) years after a first offense under section 21-336 shall be punished by a fine of not less than two hundred dollars ($200.00) nor more than two thousand five hundred dollars ($2,500.00) and by confinement in jail for not less than one month nor more than one year. Forty- eight (48) hours of such confinement shall be a mandatory, minimum sentence not subject to suspension by the court. Any person convicted of a second offense committed within a period of five (5) to ten (10) years of a first offense under section 21-336 shall be punishable by a fine of not less than two hundred dollars ($200.00) nor more than two thousand five hundred dollars ($2,500.00) and by 14 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 confinement in jail for not less than one month nor more than one year. Any person convicted of a third offense or subsequent offense committed within ten (10) years of an offense under section 21-336 shall be punishable by a fine of not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00) and by confinement in jail for not less than two (2) months nor more than one year. Thirty (30) days of such confinement shall be a mandatory, minimum sentence not subject to suspension by the court if the third or subsequent offense occurs within less than five (5) years. Ten (10) days~of such confinement shall be a mandatory, minimum sentence not subject to suspension by the court if the third or subsequent offense occurs within a period of five (5) to ten (10) years of a first offense. (b) In addition to the penalty otherwise authorized by this section or section 16.1-278.9 of the Code of Virginia, any person convicted of a violation of section 21-336 committed while 5O5 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 transporting a person seventeen (17).. years of aqe or younger shall be (i) fined an additional minimum of one hundred dollars ($100.00) and no more than five hundred dollars (.$500.00) and (ii) sentenced to perform forty (40) hours of community service in a proqram benefiting children or, for a subsequent offense, eiqhty (80) hours of community service in such a program. (c)~,'~ For the purpose of this section, a conviction, or finding of guilty in the case of a juvenile, under the following shall be considered as a prior conviction: (i) the provisions of section 21-336, or of section 22-84 of the Virginia Beach City Code which was in effect prior to the adoption of this Code, or of section 18.2-266, Code of Virginia, or any similar former section of such code, or of an ordinance of any county, city or town in this state or law of any other state or of the United States substantially similar to the provisions of sections 18.2-266 through 18.2-269, Code of Virginia, or (ii) the provisions of subsection A of section 46.2-341.24, former 46.1-372.23, Code of substantially similar laws of any other state States. Virginia, or the or of the United 15 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 Sec. 21-341. Forfeiture of right to drive. (a) Except as provided in section 18.2-271.1, Code of Virginia, the judgment of conviction, if for a first offense under section 21-336, shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the commonwealth for a period of one (1) year from the date of such judgment. This suspension period shall be in addition to the suspension period provided under section 46.2-391.2 of the Code of Virqinia. If a person is (i) tried on a process alleging a second offense of violating section 21-336 within ten (10) years of a first offense for which the person was convicted, or found guilty in the case of a juvenile, under section 21-336, or either section 18.2-266, Code of Virginia, or subsection A of section 46.2-341.24, Code of Virginia, or under any valid county, city or town ordinance, or law of any other state or of the United States substantially similar to section 18.2-266 or subsection A of section 46.2-341.24, Code of Virginia, and (ii) is convicted thereof, such person's license to operate a motor vehicle, engine or train shall be revoked for a period of three (3) years from the date of the judgment of conviction. This suspension period shall be in addition to the suspension period provided under section 46.2-391.2 of the Code of Virqinia. Any such period of license suspension, or revocation~ imposed pursuant to this section, in any case, shall run consecutively with any period of suspension for failure to permit a blood or breath sample to be taken as required by section 21-338. (b) If a person is tried on a process alleging a third or subsequent offense of violating section 21-336 within ten (10) years of two (2) other offenses for which the person was convicted, or found guilty in the case of a juvenile, under section 21-336, or either section 18.2-266, Code of Virginia, or subsection A of section 46.2-341.24, Code of Virginia, or any valid county, city or town ordinance or law of any other state or of the United States substantially similar to section 18.2-266, Code of Virginia, or subsection A of section 46.2-341.24, Code of Virginia, and is 16 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 convicted thereof, such person shall not be eligible for participation in a program pursuant to section 18.2-271.1, Code of Virginia and shall have his license revoked as provided in subsection B of section 46.2-391, Code of Virginia. The court trying such case shall order the surrender of the driver's license of the person so convicted, to be disposed of in accordance with section 46.2-398 of the Code of Virginia, and shall notify such person that his license has been revoked indefinitely. (c) Notwithstanding any other provisions of this section, the period of license revocation or suspension shall not begin to expire until the person convicted has surrendered his license to the court or to the Department of Motor Vehicles. This ordinance shall become effective on July 1, 1994. Adopted by the City Council of the City of Virginia on this 14th day of June , 1994. Virginia Beach, CA-5591 R-5 JUNE 6, 1994 ~ORDIN~PROPOSED~21-336ET.ORD 17 - 28 - Item III-Z $ CONSENT AGENDA ITEM#38082 Upon motion by V~ce Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance to REDUCE by $9,000 the total FY 1994-1995 Operating Budget eliminating fees at the Pendleton Parking Lot; to 11L4NSFER $67,134 from the Reserve for Contingencies re police, parking spaces, increasing hours of parking lot and emergency medical services for Croatan; and, to adjust the Reserve for Contingencies accordingly. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis P~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None June 14, 1994 AN ORDINANCE TO REDUCE BY $9,000 THE TOTAL FY 1994-95 OPERATING BUDGET BY ELIMINATING THE FEES AT THE PENDLETON PARKING LOT AND TO TRANSFER $67,134 FROM THE RESERVE FOR CONTINGENCIES TO INCREASE THE HOURS OF OPERATION AT THE PARKING LOT 1 WHEREAS, the Pendleton Parking Lot currently generates $9,000 in 2 revenues which are used to partially offset the costs associated with the provision 3 of lifeguard services and parking lot attendants as required in the lease agreement 4 with the State, and to partially offset the $10,000 lease payment on the property; 5 WHEREAS, the Police Department currently provides one officer during the 6 peak weekends to patrol the Croatan neighborhood from 10:00am through midnight with 7 enhanced weekday coverage provided as available; 8 WHEREAS, during its May 24, 1994, meeting the City Council heard 9 comments from various interested parties concerning the situation in and around the 10 Croatan neighborhood and directed the City Manager to do the following: 11 eliminate parking fees at the Pendleton Parking Lot 12 increase the hours of operation at the parking lot so that the lot 13 was open from sunrise through sunset and increase the lifeguard 14 services and parking lot attendants accordingly 15 "T-mark" parking spaces on the residential streets to allow for 16 more orderly parking and easier enforcement if required, and 17 increase police presence during the day to increase enforcement of 18 existing ordinances; and 19 WHEREAS, the estimated cost of this enhanced service in the Croatan area 20 is $76,134 and is available from the FY 1994~95 Reserve for Contingencies; and 21 whereas, the total amount of $76,134 represents $67,134 in increased costs, and 22 $9,000 in lost revenues. 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA, that $67,134 be transferred from the FY 1994-95 Operating 25 Budget Reserve for Contingencies to cover the increased costs relating to enhanced 26 services at the Croatan area. 27 BE IT FURTHER ORDAINED, that the FY 1994-95 estimated revenues be 28 reduced by $9,000 to reflect the lost in parking fee revenues and that an offsetting 29 $9,000 reduction be made to the Reserve for Contingencies account; 30 31 this day Adopted by the City Council of the City of Virginia Beach, Virginia on June 14, , 1994. Approved as to Content Walter C. ~er, Jr. Resource and Management Services Administrator APPROVED AS TO - 29 - Item III-J. 4 CONSENT AGENDA ITEM # 38083 Upon motion by Councilman Moss, seconded by Vice Mayor Sessoms, City Council ADOPTED, AS REVISED: Resolution to AUTHORIZE the Department of Public Works' revised SPECIFICATION AND STANDARDS developed by City Staff and reviewed by applicable City agencies and the local consultant engineering community with input from the Tidewater Builders Association. *Shall be AMENDED, Section 1.2, Paragraph 2, was deleted and amendments were made to the revisions as per the following: SECTION 1.1 Resolution of Conflicts Reference has been made in appropriate sections of this manual to the publications and manuals listed in Section 1.0. In any case where there appears to be conflict between the provisions of the above manuals and this publication, the provisions of this publication shall apply. ShouM any conflict between publications, policies, ordinances, etc. occur which cannot be resolved at staff level though the use of this publication, the final resolution to the conflict shall be made by the City Engineer or his designee through the authority of the Director of Public Works. The user should be aware that although the Virginia Department of Transportation and other agencies regularly revise the above manuals, the City of Virginia Beach will not necessarily adopt each and every revision. The user of this manual should contact the City Engineer's office if there are any questions concerning the revisions to this manual as well as other publications previously referenced SECTION 1.2 Modification of S_oec(fications and Standards After adoption of this publication by Virginia Beach City Council these Specifications and Standards may be updated and amended as ,~emed iiecessaiy, by the Director of the Department of Public Works subject to the following criteria: L The amendment must be necessary to comply with changes in state or federal law. or must be deemed necessum_ to protect the general public interest, safety, and welfare; All amendments to the Specifications and Standards shall be interim in nature and accordingly, each February of the calendar year. the Director of the Department &Public Works shall present to Ci~_ Council all amendments to the Specifications and Standards for formal adoption, to .................... ' ---'-' ......................... ' ....Suppl ~,,o,~,., ,,,~ 8~,,~,-, F,,~',,~ ,,,,~,~,, ~,l~,y, -,," ,,~,j,,er.emental material is included in this publication to set forth acceptable engineering design criteria. SECTION 1.3 Variances The Director of Public Works may authorize and approve in specific cases such variances or waivers from strict application of the terms of these specifications and standards, as will not be contrary to serving the public interest, when a literal enforcement will result in unnecessary hardships, provided that the intent of the specifications and standards shall be observed and substantial justice done. All requests for variances or waivers and documents relating thereto shall be open to the public for inspection at the Ci~_ Engineer's Office. The Director of the Department o_f Public Works shall provide City Council. on an ant~ual basis, an accounting of the number o_f variances or waivers granted or denied throughout the year. the reasons for approval or denial of such variances or waivers and the particular spect~cations and standards _from which the variance or waiver was requested. June 14, 1994 Item III-J. 4 CONSENT AGENDA ITEM # 38083 (Continued) Voting: 11-0 Council Members Voting Aye: John ./1. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None June 14, 1994 1 2 3 4 5 A RESOLUTION TO APPROVE AND AUTHORIZE THE ADOPTION AND PROMULGATION OF THE DEPARTMENT OF PUBLIC WORKS, ENGINEERING DIVISION, SPECIFICATIONS AND STANDARDS 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 WHEREAS, there exists a requirement for current published engineering standards to provide design criteria, policy interpretations and ordinance application to be utilized by City staff and the engineering consulting community in the preparation and review of development related plans throughout the City, to set forth standards for the design of all engineering projects and to promulgate the criteria for contracts awarded by the City; WHEREAS, the City's engineering specifications and standards, while updated from time to time, have not undergone extensive revision since originally promulgated in the early 1970's; WHEREAS, over the past year, staff members of the Department of Public Works Engineering Division have assembled, revised, and updated all existing engineering materials relating to specifications and standards, compiling a comprehensive coordinated working document in notebook format; and WHEREAS, the resulting document has additionally been revised and enhanced by expert input from area consulting engineering firms, and its contents have been approved by representatives of the Tidewater Builders' Association; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council approves and authorizes the adoption and promulgation of the Specifications and Standards developed by the Engineering Division of the Department of Public Works. Adopted by the Council of the City of Virginia Beach, 14 3une Virginia, on the day of , 1994. 33 34 35 36 CA-5620 ORDIN~NONCODE~ENGIN. RES R-2 PREPARED: 06/09/94 - 31 - Item III-J. 4 CONSENT AGENDA ITEM # 38084 Upon motion by Vice Mayor Sessotns, seconded by Councilman Moss, City Council ADOPTED: Ordinance authorizing license refunds in the amount of $26,878. 70 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baam, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and I/ice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None June 14, 1994 FC)~M NO. C.A. 8 REV AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date NAME Year Paid Base Penalty Int. Total 1990-93 Audit 26,868.70 26,868.70 Autonet Atlantic Inc. T/A Lexus Virginia Beach 10320 Little Patuxent Pkwy. Columbia, MD 21044 Mawson, William B. T/A Bill's A/C 4309 Temple Court Virginia Beach, VA 23455 1994 4/19/94 10.00 10.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $26,878.70 14 of the City of Virginia Beach on the ~ day of Certified as to Payment: /~--'Robert P. Vaughan j,] Commissioner of thed~venue Approved as to form: L~slie'L. Lilley- ~ City Attorney were approved by the Council June 94 ,19__ Ruth Hodges Smith City Clerk Item III-lC PUBLIC HEARING ITEM# 38085 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. (a) TATE TERRACE REALTY INVESTORS, INC. (b) EASTMAN ENTERPRISES, INC. (c) STEVE STEINHILBER (d) THOMAS .4. SEWELL (e) COURTHOUSE COMMUNITY UNITED METHODIST CHURCH (f) DEMETRIOS T. KOULOUKIS (g) HOLLAND FARMS, LLC. (h) BEL-AIRE, INC. & KING'S WAY CORP. (i) CREED'S ASSOCIATES & M3ff. ROLLINS, JR. (!') TIDEWATER REGIONAL GROUP HOME COMMISSION (lc) CITY ZONING ORDINANCE (1) SUBDMSION ORDINANCE (m) CHESAPEAKE BAY PRESERI~'ATION ORDINANCE (n) RESIDENTIAL CONCEPTS, LTD. by ROBERT M. JOHNSON (o) TREE PLANTING, PRESERVATION AND REPLACEMENT ORDINANCE (p) VIRGINIA BEACH DEVELOPMENT AUTHORITY STREET CLOSURE STREET CLOSURE NONCONFORMING USE VARIANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT AMEND AND REORDAIN Sections 111, 1401 201, 203, 211, 235, 401 501, 601, 801, 901, ~~~~, 1511, 1521, 602, 1522, and 1005 and 1501 re RT-1 AMEND AND REORDAIN Section 6.3 re final plats and data. AMEND AND REORDAIN Appendix F, Sections 106, 108 110, 1113 and 114 CONDITIONAL USE PERMIT AMEND AND REORDAIN Appendix E, Sections 1.2 and 1.4 MODIFICATION OF CONDITIONS (4/23/91) B-3 COMMUNITY BUSINESS DISTRICT June 14, 1994 PUBLIC HEARING PLANNING ITEM# 38086 Attorney R. J. Nutter, Jr., 4425 Corporation Lane, Phone: 671-6000, represented the applicant Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessoms, City Council APPROFED the Petition of TATE TERRACE REALTY INVESTORS, INC., for the discontinuance, closure abandonment ora portion of ~w_~D~ subject to compliance of conditions by December 13, 1994. Application of Tare Terrace Realty Investors, Inc., for the discontinuance, closure and abandonment of a portion of Raynor Drive at the northwest intersection of Raynor Drive and Jurgen Court as shown on the Subdivision Plat of Glenwood, Phase 5B, Section 1.4. Said parcel contains 584 square feet. KEMPSVILLE BOROUGH. The following conditions shall be required: The applicant shall dedicate right-of-way for the realignment of Raynor Drive. A cash payment to the City for the subject site is not required. 2. The applicant is required to resubdivide the property, vacate internal lot lines and incorporate the subject site into the adjoining parcel. 3. Lot 16 must meet all applicable lot area and width requirements after the dedication. Closure of the right-of-way is contingent on compliance with the above stated conditions within 180 days of approval (December 13, 1994). Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James gE. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None June 14, 1994 - 34 - Item III-K.l.b. PUBLIC HEARING ITEM # 38087 PLANNING Attorney Eddie Bourdon, Pembroke One, Fifth Floor, Phone: 499-3971, represented the applicant Upon motion by Councilman Dean, seconded by Councilman Jones, City Council APPROVED the Petition of F_M. STMAN ENTERPRISES, INC. for the discontinuance, closure and abandonment of a portion of Dam Neck Road, subject to compliance of the following conditions by December 13, 1994: Application of Easttnan Enterprises, Inc., for the discontinuance, closure and abandonment of a portion of Dam Neck Road located at the southwest intersection of Dam Neck Road and London Bridge Road. Said parcel contains 27, 799 square feet. PRINCESS ANNE BOROUGH. The following conditions shall be required: The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be 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. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The applicant shall work with H.R.S.D. to determine if an additional easement is needed over the existing H.R.S.D. line. If required, an easement satisfactory to H.R.S.D shall be dedicated. If an H.R.S.D. easement is required, the ordinance closing the right-of-way shall be redrawn to contain a "save and except" clause for this easement and submitted to the City Attorney's or, ce. Prior to final closure by the City Council, the applicant shall submit a Tree Preservation Plan to the Planning Department for approval. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council. June 14, 1994 PUBLIC HEARING ITEM # 38087 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert gE. Clyburn, Robert IC Dean, Louis I~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None June 14, 1994 PUBLIC HEARING ITEM # 38088 PLANNING The following registered in SUPPORT of the application: J. Randall Royal, Engineering Services, Phone: 4678-6800, represented the applicant Donald Fraser, 4356 Lynnville Crescent, Phone: 340-2721, represented the Thalia Civic League Stephen Steinhilber, owner of Steinhilber's, 653 Thalia Road, Phone: 340-5125 Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessoms, City Council ADOPTED an Or&'nance upon application of STEVE STEINHILBER and APPROVED, AS CONDITIONED, Resolution to authorize an enlargement of a nonconforming use: Application of Steve Steinhilber for the enlargement of a nonconforming use on certain property located at 652 Thalia Road to construct a 740 square foot addition to the existing restaurant. Said parcel contains 5.5 acres. KEMPSV1LLE BOROUGH. Resolution authorizing the enlargement of a nonconforming use located at 652 Thalia Road, property of Steve Steinhilber, Borough of Kemspville. The following conditions shah be required: A deferral or waiver to on-site improvements (curb, gutter, asphalt or concrete), excluding the required paved handicap spaces, must be requested and approved by the Administrator of Public Works/Permits and Inspections. 2. A deferral or waiver to Best Management Practices Facilities must be requested and approved by the Director of Public Works. ,4 detailed site plan must be submitted for a plan of development review and approval and appropriate bonds posted prior to the issuance of a building permit. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None THIS ITEM WAS MOVED AFTER THE APPLICATION OF BEL-AIRE INC. & KING'S WAY CORPORATION TO ALLOW ANY OPPOSITION TO BE PRESENT. June 14, 1994 1 2 3 4 5 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE LOCATED AT 652 THALIA ROAD, PROPERTY OF STEVE STEINHILBER, BOROUGH OF KEMPSVILLE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 WHEREAS, Steve Steinhilber, hereinafter referred to as the Applicant, is an owner of a restaurant located at 652 Thalia Road, Borough of Kempsville, in the R-20 Residential District; and WHEREAS, the Applicant desires to enlarge the said restaurant by constructing an addition to it; and WHEREAS, the present use of the property does not conform to the provisions of the City Zoning Ordinance because restaurants are not permitted uses within the R-20 Residential District; and WHEREAS, pursuant to Section 105(d) of the City Zoning Ordinance, the City Council may authorize the enlargement of a nonconforming use if it finds that the use as enlarged is equally appropriate or more appropriate to the zoning district than is the existing nonconformity; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby finds that the proposed restaurant of the Applicant, as enlarged, would be equally appropriate to the zoning district in which it is located as is the existing nonconformity. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby authorizes the enlargement of the Applicant's restaurant in accordance with the plans submitted in connection with the application. the Council of the City of Virginia Beach, 14 3une day of , 1994. APPROVED ,~S TO CONYE. NTS ~ATUP. E DEPARTMENT Adopted by Virginia, on the CA-5599 ORDIN\NONCODE\CA5599.RES R-1 PREPARED: 5/20/94 [i~r ~PPROVED AS TO LEGAL - 37 - PUBLIC HEARING ITEM # 38089 PLANNING Fred Stang a friend, represented the applicant Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council APPROVED the Application of THOMAS A. SEWELL for a Variance to the minimum lot width requirement for the/1G-1 and /1G-2 /1gricultural Districts of the City Zoning Ordinance, ADOPTED an Ordinance upon Application of THOMAS/1. SEWELL for a Conditional Use Permit: Appeal from Decisions of Administrative officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Thomas A Sewell. Property is located at 2429 West Landing Road. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLIC/1TION OF THOMAS/1. SEWELL FOR A CONDITIONAL USE PERMIT FOR/1 SINGLE F/1MILY DWELLING IN THE/1GRICULTURAL DISTRICT R06941897 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Thomas ,4. Sewell for a Conditional Use Permit for a single family dwelling in the/1gricultural District on the south side of West Landing Road, west of West Neck Road. Said parcel is located at 2492 West Landing Road and contains 5.77 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: /1 50' buffer, as described in the Comprehensive Plan shall be established along all property lines which adjoin an active agricultural operation. The required buffers must be planted prior to occupancy. The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. /1dopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of June. Nineteen Hundred and Ninety-Four. June 14, 1994 - 38 - Item III-K. PUBLIC HEARING PL,4NNING ITEM # 38089 (Continued) Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. June 14, 1994 PUBLIC HEARING ITEM # 38091 Pl..tiNNING Billy Garrington, 471 Southside Road, Phone: 428-4245, represented the applicant Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of DEMETRIOUS T. KOULOUKIS for a Conditional Use Permit: ORDINANCE UPONAPPLICATION OF DEMETRIOUS T. KOULOUKIS FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES R06941899 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Demetrios T. Kouloukis for a Conditional Use Permit for motor vehicle sales on the south side of Virginia Beach Boulevard, west of Dorset Avenue. Said parcel is located at 5033 Virginia Beach Boulevard and contains 30,301 square feet. BAYSIDE BOROUGH. The following conditions shall be required: 1. No automobile repair will be done on the site. 2. A landscape buffer as proffered on the submitted plan and on file with the Planning Department will be established along Virginia Beach Boulevard. These Ordinances shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of June. Nineteen Hundred and Ninety-Four. Voting: 10-0 Council Members Poling Aye: John ~L Baum, Linwood O. Branch, III, Robert F~. Clyburn, Robert I~ Dean, Louis 1~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. June 14, 1994 Item III-K. 1._e. PUBLIC HEARING ITEM # 38092 PI. atNNING gE. J. Davenporg III, 1604 West Hilltop Executive Center #305, Phone: 425-6611 Correspondence from the Department of Veterans Affairs and W. J. Davenport, III re sound attenuation features are hereby made a part of the record. Upon motion by Councilman Lanteigne, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of HOLLdND FARMS, L.L.C. for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF HOLLAND FARM~ L.L.C. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 to R-5D Z06941423 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Holland Farms, L.L.C. for a Conditional Change of Zoning District Classification from A-12 Apartment District to R-5D Residential Duplex District on certain property located on the southeast side of Warwick Drive, 670 feet more or less northeast of Holland Road. The proposed zoning classification change to R-5D is for single family residential land use with a lot size of not less than 5,000 square feet. The Comprehensive Plan recommends use of this parcel for Urban Medium Low Density Residential at densities that are compatible with multi-family use in accordance with other Plan policies. Said parcel contains 23.5 acres. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. Agreement encompassing proffers shah be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. The Ordinance shah be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of June. Nineteen Hundred and Nine~_ -Four. Voting: 9-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, II[, Robert W. Clyburn, Louis R~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert I~ Dean Council Members Absent: James W. Brazier, Jr. June 14, 1994 ~'O,qM NO. P.S. lB Reply Refer To Our File No. DF3671 DATE: June 6, 1994 TO: Leslie L. Lilley DEPT: FROM: Gary L. Fentress~ DEPT: City Attorney City Attorney RE: Holland Farms, LLC Proffer Agreement Council Action Date: June 14, 1994 Enclosed i~ a copy of the proffer agreement submitted with the referenced application. The agreement is acceptable as to legal form. GLF/rab Enclosure PROFFER AGREEMENT THiS PROFFER AGREEMENT, made this 26th day of April, 1994, by and between HOLLAND FARMS, LLC, and/or assigns (hereinafter referred to as "Contract Purchaser"), a Virginia limited liability company, ESTATE OF BERNARD KROLL and LEONORA KROLL (hereinafter referred to as "Owners"), and the C1TY OF VlRGIN1A BEACH (hereinafter referred to as the "City"), a municipal corporation of the Commonwealth of Virginia; WHEREAS, Owners own those certain parcels of land (hereinafter sometimes referred to as the "Land") situated in the City, comprising, in the aggregate 23.64 acres, more or less, as shown on plats or map attached hereto as Exhibit A and incorporated herein by reference (the "Property"). Owners have contracted to sell the.property to contract Purchaser conditioned upon the hereinafter mentioned rezoning; and WHEREAS, Owners and Contract Purchaser (hereinafter collectively referred to as the "Profferers") have applied to the City for a conditional amendment to the Zoning Map of the City in order to change the zoning classification of the property from A-12 Apartment District to R5-D Residential District; and WHEREAS, the City's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, Profferers acknowledge that certain reasonable conditions governing the use of the Land for the protection of the '1- adjacent properties and the community as a whole that are not generally applicable to comparable land similarly zoned are needed to resolve the problems which might otherwise be created by the City's approval of the rezoning application of the Profferers; and WHEREAS, the Profferers desire to voluntarily proffer, as part of the proposed amendment to the Zoning Map with respect to the property, the hereinafter mentioned reasonable conditions relating to the physical development and use of all the Land to be adopted as a part of said amendment to the Zoning Map relative to the property which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, THIS PROFFER AGREEMENT WiTNESSETH THAT: The Profferers, for themselves, and their heirs, personal representatives, successors, assigns, grantees and other successors in title or interest, voluntarily and without any requirement by or action from the City or its governing body and without any element of compulsion or 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 and use of the Land and hereby covenant.and agree that this declaration shall constitute covenants running with the Land, which shall be binding upon the Land and upon all parties and persons claiming by, through or under the Profferers or their heirs, personal representatives, successors, assigns and other successors in interest or title: l) The lots shall be a minimum of 6,000 square feet, and only one (l) single family home shall be constructed on each proposed lot.. '2- 2) The lots shall have a minimum width at the building setback line of 60 feet. 3) The lots shall have a minimum front set-back line of 30 feet. Lots shall have at least two (2) side- by-side parking pads. 4) The property will be developed in substantial conformance to the preliminary subdivision plan of Holland Farms, drawn by Spectra Group and dated April II, 1994, which plan is on file in the City of Virginia Beach, Department of Planning. The above conditions, having been proffered by Profferers and allowed and accepted by the City as part of the amendment to the zoning ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Land and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the zoning ordinance ven if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City, and executed by the record owner of the Land at the time of recordation of such instrument, provided that said instrument is consented to by the City in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the City, after a public hearing before the City which was advertised pursuant to the provisions of Section 15.1-431 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument was conclusive evidence of such consent, and if not so recorded, said instrument shall be void. All reference hereinabove to A-12 and R5-D Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City, in force as of the 26th day of April, 1994, which are by this reference incorporated herein. Profferers further covenant and agree that: (a) The Zoning Administrator of the City shall be vested with all necessary authority, on behalf of the governing body of the City, to administer and enforce the foregoing conditions and restrictions, including the authority (i) to order, in writing, that any noncompliance with such conditions be remedied, and (ii) 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; (b) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required development permits as may be appropriate; (c) If aggrieved by any decision of the Zoning Administrator made pursuant to those provisions, Profferers shall petition the governing body of the City for the review thereof prior to instituting proceedings in court; and (d) The Zoning Map may show by an appropriate symbol thereon the existence of conditions attaching to the zoning of the property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City and indexed in the names of the Profferers and the City. -4= W1TNESS the following signatures and seals: HOLLAN~AR~IS, LLC ~ (SEAL) ESTATE OF BERNA//~KROLL. keonoca Kro]l (SEAL) (SEAL) C1TY OF V1RG1NIA BEACH By (SEAL) this 2~ day of STATE OF VIRGINIA, C1TY OF ViRG1N1A BEACH, to-wit: The foregoing instrument was acknowledged before me , on behalf of Holland Farms, LLC. My Commission Expires: STATE OF VIRGINIA, CITY OF k~/I/..'? ? I~f~,~,~-,.., to-wit: The foregoing instrument was acknowledged before me =5= , 1994, by , on behalf of the Estate of Bernard Kroll. My Commission Expires: STATE OF VIRGINIA, CITY OF V1RG1N1A BEACH, to-wit: this The foregoing instrument was acknowledged before me ,_on b~q~,.a!f of-J:Jz~_JC_~y of V~rgini~z_Beach~9 My Commission Expires: -6- Item III-K.l.h. PUBLIC HEARING ITEM # 38093 PLANNING Attorney Eddie Bourdon, Pembroke One Fifth Floor, Phone: 499-8971, represented the applicant A motion was made by Councilman Dean, seconded by Councilman Moss to DENYApplications of BEL- ~lIRE, INC. & KING'S WAY CORP. for Conditional Change of Zoning District Classifications on the North side of Dam Neck Road and East of General Booth Boulevard (PRINCESS ANNE BOROUGH): From A-12 Apartment District and B-2 Community Business District to Conditional B-2 Community Business District. containing 36.47 acres; and, Upon SUBSTITUTE MOTION made by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinances upon Application of BEL-AIRE, INC. & KING'S WAY CORP. for Conditional Change of Zoning District Classifications: ORDINANCE UPON APPLICATION OF BEL-AIRE, INC., & KINGS's WAY CORP. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM/1-12 APARTMENT DISTRICT AND B-2 COMMUNITY BUSINESS TO CONDITIONAL B-2 COMMUNITY BUSINESS DISTRICT Z06941424 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of Bel-Aire, Inc. & Ka'ng's Way Corp. for a Conditional Change of Zoning District Classification from ,4-12 Apartment District and B-2 Community Business District to Conditional B-2 Community Business District on certain property located on the north side of Dam Neck Road east of General Booth Boulevard The proposed zoning classification change to B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for Urban Medium low Density Residential at densities that are compatible with multi-family use in accordance with other Plan policies. Said parcel contains 36.47 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF BEL-AIRE, INC. & KING'S WAY CORP., FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 APARTMENT DISTRICT TO A-18 APARTMENT DISTRICT Z069414254 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of Bel-Aire, Inc. & Ka'ng's Way Corp. for a Conditional Change of Zoning District Classification from A-12 Apartment District to A-18 Apartment District on certain property located on the north side of Dam Neck Road beginning at a point 1650 feet more or less east of General Booth Boulevard. The proposed zoning classification change to A-18 is for multi-family land use at a density no greater than 18 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for Urban Medium Low Density Residential at densities that are compatible with multi-family use in accordance with other plan policies. Said parcel contains 43.36 acres. PRINCESS ANNE BOROUGH. June 14, 1994 Item III-lc l.h. PUBLIC HEARING ITEM # 38093 (Continued) PLANNING The following condition shall be required: Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. These Ordinances shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of June, Nineteen Hundred and Nine~. -Four. Voting: 7-4 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, James IV.. Brazier, Jr., Robert W.. Clyburn, Louis R. Jones, Paul J. Lanteigne, and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert lc Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy lC Parker Council Members Absent: None June 14, 1994 Citz of" In Reply Refer To Our File No. DF3668 DATE: June 6, 1994 TO: FROM: Leslie L. Lilley Gary L. Fentress~ DEPT: DEPT: City Attorney City Attorney RE: Bel-Aire, Incorporated Proffer Agreements Council Action Date: June 14, 1994 Enclosed are two (2) proffer agreements submitted by the referenced applicant. Please note that two (2) agreements were submitted because one of the parcels is jointly owned by the applicant and another corporation (King's Way Corporation). Both agreements are acceptable as to legal form. GLF/rab Enclosures BEL-AIRE, INCORPORATED, a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation Commonwealth of Virginia of the THIS AGREEMENT, made this 25th day of March, 1994, by and between pEL-AIRE, INCORPORATED, a Virginia corporation SRANTOR, party of the first part, and THE CITY QF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, gRANTEE, party of the second part. W I TNESS ETH property Virginia described WHEREAS, GRANTOR is the owner of a certain parcel of located in Princess Anne Borough of the City of Beach, containing approximately 43.36 acres and in Exhibit "A" attached hereto and incorporated herein by this reference, said property hereinafter referred to as the "Property"; and WHEREAS, the GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the GRANTEE so as to change the Zoning Classification of the Property from A-12 to A-18; and i WHEREAS, the GRANTEE'S policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the GRANTOR acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, ~nd the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the GRANTOR'S rezoning application gives rise; and - 1 - <ES. CALCINES. BOUI"IOON AT~C)~N[YS AT ~.AW WHEREAS, the GRANTEE'S policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the GRANTORS acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the GRANTORS' rezoning application gives rise; and WHEREAS, the GRANTORS have voluntarily proffered, in writing, in advance of and prior to the public hearing before the GRANTEE, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Conditional B-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the GRANTORS, for themself, their successors, personal representatives, assigns, GRANTEE, and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid Pro guo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be - 2 - ¢~<E$ CANINES 8OuROON ATT~N(~f~, AT LAW 2. Vehicular Ingress and Egress shall be limited to two (2) entrances from Dam Neck Station Road and one (1) existing entrance from Dam Neck Road. 3. A Community Building, including rental and maintenance offices, a recreational swimming pool serving the residents and child play areas (tot lots) shall be constructed in the areas depicted on the Conceptual Site Plan. 4. A multi-purpose (jogging, walking, biking) path and seating areas shall be constructed around the perimeter of the lake, with the path being connected to the jogging/bike path along Dam Neck Road. 5. A multi-purpose path and foot bridge shall be constructed across the natural area to Redwing Park as depicted on the Conceptual Site Plan, if all necessary permits are approved. 6. Sidewalks shall be constructed along the internal collector streets and shall connect with those along Dam Neck Station Road and Dam Neck Road. 7. All landscaping along Dam Neck Station Road and Dam Neck Road as depicted on the Conceptual site Plan shall meet the requirements for Standard B Scenic Easements as described in Article 3.5 of the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach as adopted by City Council on April 18, 1988. 8. Gatewgy treatments shall be constructed at one entrance from Dam Neck Station Road and the entrance from Dam Neck Road, with monument style signage externally illuminated from ground level. 9. Two (2) multi-purpose green spaces shall be located adjacent to the Community Building as depicted on the Conceptual Site Plan and all areas designated as floodway or non-tidal wetlands shall be preserved for passive recreational uses. 10. The buildings shall be a mix of two (2) story, three (3) story and combination two (2) and three (3) story review and approval prior to development of each Parcel or Tract. The above conditions, having been proffered by the GRANTORS and allowed and accepted by the GRANTEE as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the Zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before the GRANTEE which was advertised pursuant to the provisions of Section 15.1-431 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 GRANTORS covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; - 4 - LAW The GRANTOR covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the GRANTOR and the GRANTEE. WITNESS the following signature and seal: GRANTOR: BEL-AIRE, INCORPORATED - 5 - ES CARNtr$ 8,0URG, ON AT~TO4~N~'$ AT LAW STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: ~ ,The foregoing instrument was acknowledged before me this~ day of March, 1994, by Terri M. V Secretary of Bel-Aire, Incorporated. Notary Public My Commission Expires: STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: 3e foregoing instrument was acknowledged before me this~_~/~v~'hday of March, 1994, by Terri M. Veith, Secretary of King's Way Corporation. Notary Public My Commission Expires: 4443i - 6 - EXHIBIT "A" BEL AIRE PARCEL A-12 TO A-18 Beginning at a point on the Northern boundary of Dam Neck Station Road extended as shown on that certain plat titled "Plat of Parcel 2 showing easement to be granted to U.S. Government from King's Way Corporation", said plat recorded in the Clerk's Office of the City of Virginia Beach at Deed Book 2715, Page 1290, said point being situated 1,163.29± easterly of the point where the Northern boundary of Dam Neck Station Road intersects with the Eastern boundary of General Booth Boulevard, thence along a line whose bearing is N 22° 09' 46" E, 690.54' to a point; thence N 88° 38' 54" E, 76.81' to a point; thence N 88° 43' 54" E, 308.30' to a point; thence S 75° 21' 06" E, 179.30' to a point; thence S 67° 01' 06" E, 282.20' to a point; thence S 75° 01' 06" E, 298.90' to a point; thence S 80° 26' 06" E, 248.80' to a point; thence S 10° 38' 06" E, 581.80' to a point; thence S 08° 08' 54" W, 484.69' to a point on the northern right-of-way of Dam Neck Road; thence along the northern right-of-way of Dam Neck Road N 88° 51' 49" W, 1424.43' to a point; thence along a curve to the right, said curve having a radius of 20.00' for an arc length of 31.42' to a point of tangency; thence N 01° 06' 59" E, 385.31' to a point; thence along a curve to the left, said curve having a radius of 210.00' and an arc length of 251.20' to a point of tangency; thence N 67° 25' 09" W, 87.18' to the point of beginning. 4433i - 7 - YKES. CAlaI~IES BOuI~C~ON AMERN · SHAPIRO Il, C AITC~Nir¥s AT LAW BEL-AIRE, INCORPORATED, a Virginia corporation AND KING'S WAY CORPORATION, a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF ~VIRGINIA BEACH, Commonwealth of Virginia a municipal corporation of the THIS AGREEMENT, made this 25th day of March, 1994, by and between BEL-AIRE, INCORPORATED, a Virginia corporation and KINQ'S WAY CORPQRATIQN, a Virginia corporation, QRANTOR$, parties of the first part, and THE CITY QF VIRQINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE, party of the second part. W I TN E $ $ E T H WHEREAS, GRANTORS are the owners of eight (8) contiguous parcels of property located in the Princess Anne Borough of the City of Virginia Beach, containing a total of approximately 36.47 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference, said property hereinafter referred to as the "Property"; and WHEREAS, five (5) of the parcels owned by BEL-AIRE, INCORPORATED described as Parcels 3, 4, 5, 7 and 8; One parcel owned jointly by BEL-AIRE, INCORPORATED and KING'S WAY CORPORATION designated at Parcel 9, and a 8.94 acre portion of the tract described as the "BEL-AIRE ~ract~ are zoned B-2, said property hereinafter referred to as the "B-2 Property"; and WHEREAS, the balance of the BEL-AIRE Tract containing approximately 18.00 acres, described in Exhibit "B" attached hereto and incorporated herein by this reference, as well as all of the KING'S WAY CORPORATION Tract containing approximately 1.74 acres are zoned A-12; and WHEREAS, the GRANTORS have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the GRANTEE so as to change the Zoning Classification of the Property from A-12 and B-2 to Conditional B-2; and - 1 - KItS C:ARNES ~OURL"~)N WHEREAS, the GRANTOR has voluntarily proffered, in writing, in advance of and prior to the public hearing before the GRANTEE, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-18 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the GRANTOR, for itself, its successors, personal representatives, assigns, GRANTEE, and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro guo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make 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 this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, its successors, personal representatives, assigns, GRANTEE, an~ other successors in interest or title: 1. The "Conceptual Site Plan and Rezoning Exhibit" prepared by Talbot Group, dated February 28, 1994, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be substantially adhered to so that there shall be coordina~ design and development of the site in terms of ~vehicular, pedestrian and bike access, circulation, parking, landscaping, best management practices as landscape features, and recreational amenities to better foster a sense of community. - 2 - $. CARNIES. ~UIqDON Elan & SHAI~IIqO P C AT?C~IIN~¥S AT LAW binding upon the Property and upon all parties and persons claiming under or through the GRANTORS, their successors, personal representatives, assigns, GRANTEE, and other successors in interest or title: 1. The alignment and location of a future right-of-way running from Dam Neck Road in a northeasterly direction to the terminus point of Dam Neck Station Road shall be as shown on the "Conceptual Site Plan and Rezoning Exhibit" prepared by Talbot Group, dated February 28, 1994, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. Vehicular Ingress and Egress to the Property directly from Dam Neck Road shall be limited to the curb cuts and median cut in existence as of the date of this Agreement. 3. Vehicular Ingress and Egress to the Property directly from General Booth Boulevard shall be limited to the points of shared access for lots 5 and 6 and for lots 3 and 4 as shown on the plat entitled "Subdivision of Property of BEL-AIRE, INCORPORATED and KING'S WAY CORPORATION which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2651, at Page 966. 4. The alignment and location of all access points for Vehicular Ingress and Egress to the Property directly from the future extension of Dam Neck Station Road must be reviewed and approved by the GRANTEE'S Department of Traffic Engineering prior to development of any portion of the Property except parcels 3, 4, 5, 7 and 8. 5. A comprehensive landscape plan adhering to the Design Criteria for the General Booth Boulevard .Corridor as contained in the March 5, 1991 Comprehensive Plan, as revised and in effect as of the date of this Agreement shall be submitted to the GRANTEE'S Arborist for review and approval prior to development of the Property. Site specific placement of landscaping shall be submitted to the GRANTEE'S Arborist for - 3 - A 1 l'04q~ll"rS AY LAW elements. Those buildings located adjacent to Dam Neck Road and Dam Neck Station Road shall contain a combination of two (2) and three (3) story elements, with the two (2) story elements located at the ends of the buildings. 11. Exterior surfaces of all buildings shall be in an earth tone color. On those structures located along Dam Neck Road and Dam Neck Station Road, no more than thirty percent (30%) of the exterior building material (excluding roofing) may be vinyl. 12. The total number of living units permitted to be constructed on the Property shall not exceed six hundred and twelve (612). The above conditions, having been proffered by the GRANTOR and allowed and accepted by the GRANTEE as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before the GRANTEE which was advertised pursuant to the provisions of Section 15.1-431 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. - 4 - ~ CANNES ~OU~q0ON. ~I=IN · ~.HAPIR0, P C TTO~NEYS, AT LAW (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building appropriate; (3) If aggrieved or occupancy permits as may be by any decision of the Zoning Administrator, made pursuant to these provisions, the GRANTORS shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the GRANTORS and the GRANTEE. WITNESS the following signatures and seals: GRANTORS: BEL-AIRE, INCORPORATED By: ..., . (SEAL) Terri M. Veith, Secretary KING'S WAY CORPORATION By: Terri M. Veith, Secretary - 5 - STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: ~Thedc~{~_ foregoi~9 instrument was acknowledged before me this ay of ~_~, I , 1994, by F. Wayne McLeskey, President of Bel-Aire, Incorporated. Notary Public My Commission Expires: 4433i - 6 - E~ & $~lA~tRO P G 4,~l'(~J~d~YS AT LAW EXHIBIT "A" Ail those certain lots, pieces or parcels of land, with improvements thereon, lying, situate and being in the Princess Anne Borough, City of Virginia Beach, Virginia, and designated as PARCELS 3, 4, 5, 7, 8 and 9, as shown on that particular plat entitled "SUBDIVISION OF PROPERTY OF BEL-AIRE, INCORPORATED AND KING'S WAY CORPORATION", dated April 10, 1986, as revised, prepared by Rouse-Sirine & Associates, Ltd., as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2651, ate Page 966. GPINS 2415-56-6099 2415-55-6525 2415-55-6902 2415-55-7523 2415-55-5734 2415-66-2541 KING'S WAY PARCEL A-12 TO B-2 Beginning at a point on the Northern boundary of Dam Neck Station Road, said point being situated 653.98±' east of the point where the Northern boundary of Dam Neck Station Road intersects with the Eastern boundary of General Booth Boulevard, thence along a line whose bearing is N 22° 08' 34" E, 475.75' to a point; thence S 83° 16' 06" E, 132.63' to a point; thence N 88° 38' 54" E, 7.57' to a point; thence S 19° 05' 47" W, 525.35' to a point; thence westerly along a curve to the right, said curve having a radius of 350.00' for an arc length of 37.42', said curve having a chord bearing of N 60° 47' 09" W to a point of reverse curvature; thence along a curve to the left, said curve having a radius of 350.00' for an arc length of 59.23' to a point of tangency; thence N 67° 25' 09" W, 66.57' to the point of beginning. GPIN 2415-66-5458 RESIDUA~L BEL-AIRE TRACT 26.94± ACRES Beginning at a point on the Northern boundary of Dam Neck Station Road, said point being situated 653.42±' east of the point where the Northern boundary of Dam Neck Station Road intersects with the Eastern boundary of General Booth Boulevard; thence eastwardly along the northern right-of-way of Dam Neck Station Road S 67° 23' 57" E, 66.34' to a point; thence S 22° 36' 03" W, 80.00' to a point on the southern right-of-way of Dam Neck Station Road; thence westwardly along the southern right-of-way of Dam Neck Station Road N 67° 23' 57' W, 144.70' point of curvature, thence along a curve to the left, said curve having a radius of 920.00' an arc distance of 161.03' to a point of reverse curvature; thence along a curve to the right, said curve having a radius of 1,080.00' an arc distance of 189.03' to a point on the southern right-of-way of Dam Neck Station Road; thence departing from the southern right-of-way of Dam Neck Station Road S 22° 36' 03" W, 50.00' to a point of curvature; thence along a curve to the right said curve having a radius of 1,000.00' an arc distance of 225.67' to a point of reverse curvature; thence along a curve - 7 - to the left, said curve having a radius of 1,000.00', an arc distance of 225.67' to a point of tangency; thence S 22° 36' 03" W, 190.07' to a point; thence S 67° 23' 57" E, 210.00' to a point; thence S 22" 36' 03" W, 169.28' to a point on the northern right-of-way of Dam Neck Road; thence S 88" 51' 49" E, along the northern right-of-way of Dam Neck Road 551.46'± to a point; thence S 01" 08' 11" W, 24.49' to a point; thence continuing along the northern right-of-way of Dam Neck Road S 88° 51' 49" E, 752.59' to a point; thence departing from the right-of-way of Dam Neck Road northwesterly along a curve to the right, said curve having a radius of 20.00' for an arc length of 31.42' to a point of tangency; thence N 01° 06' 59" E, 385.31' to a point; thence along a curve to the left, said curve having a radius of 210.00' and arc length of 251.20' to a point of tangency; thence N 67° 25' 09" W, 87.18' to a point; thence N 22° 06' 54" E, 690.54' to a point; thence S 88° 38' 54" W, 415.09' to a point; thence N 83° 16' 06" W, 132.63' to a point; thence S 22° 06' 54" W, 475.75' to the point of beginning. GPIN NO.: 2415-75-7948 4443i - 8 - ~ARNE$. ~O~JR L'%ON ~ & $HAPIAO I~ C C)~N(¥S AT LAW EXHIBIT PORTION OF BEL-AIRE TRACT TO BE REZONED FROM A-12 TO B-2 18.00 ACRES (±) Beginning at a point on the Northern boundary of Dam Neck Station Road, said point being situated 653.98±' east of the point where the Northern boundary of Dam Neck Station Road intersects with the Eastern boundary of General Booth Boulevard, thence S 22" 09' 46" W, 40.00' to a point; thence S 67° 53' 06' E, 48.00'± to a point; thence southwesterly along the existing zoning line 820.00'± to a point in the northern right-of-way of Dam Neck Road; thence S 88° 51' 49" E, along the northern right-of-way of Dam Neck Road 237.00'~ to a point; thence S 01° 08' 11" S, 24.49' to a point; thence continuing along the northern right-of-way of Dam Neck RoadS 88" 51' 49" E, 752.59' to a point; thence departing from the right-of-way of Dam Neck Road northwesterly along a curve to the right, said curve having a radius of 20.00' for an arc length of 31.42' to a point of tangency; thence N 01° 06' 59" E, 385.31' to a point; thence along a curve to the left, said curve having a radius of 210.00' and an arc length of 251.20' to a point of tangency; thence N 67" 25' 09' W, 87.18' to a point; thence N 22" 06' 54" E, 690.54' to a point; thence S 88° 38' 54" W, 407.52' to a point; thence S 19° 05' 47" w, 525.35' to a point; thence westerly along a curve to the right, said curve having a radius of 350.00' for an arc length of 37.42', said curve having a chord bearing of N 60° 47' 09" W to a point of reverse curvature; thence along a curve to the left, said curve having a radius of 350.00' for an arc length of 59.23' to a point of tangency; thence N 67" 25' 09" W, 65.78' to the point of beginning. 4443i - 9 - PUBLIC HEARING ITEM # 38094 PLANNING Attorney Eddie Bourdon, Pembroke One Fifth Floor, Phone: 499-8971, represented the applicant Upon motion by Councilman Lanteigne, seconded by Councilman Baum, City Council ADOPTED the Ordinance upon Application of CREEDS ASSOCIATES & M. M. ROLLINS, JR, for a Conditional Use Permit for single family dwellings ORDINANCE UPON APPLICATION OF CREEDS ASSOCIATES & M. M. ROLLINS~ JR., FOR A CONDITIONAL USE PERMIT FOR SINGLE FAMILY DWELLINGS R06941900 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Creeds Associates & M. M. Rollins, Jr., for a Conditional Use Permit for single family dwellings in the Agricultural Districts on certain property located on the east side of Princess Anne Road, 280 feet more or less south of Morris Neck Road. Said parcel contains 88 acres. PUNGO BOROUGH. The following conditions shall be required: 1. A one foot no ingress/egress easement is required along proposed Lot Eight's frontage on Princess Anne Road. 2. The entrance to this subdivision shall be developed with a landscaped median. A 50' buffer, as described in the Comprehensive Plan, shall be established along all property lines which adjoin an active agricultural operation. The preliminary subdivision plan shall be revised to accurately reflect the required 50' wide vegetated buffer along Lots 7, 9 and 12. The required buffers must be planted prior to occupancy. Erosion and sediment control measures must be noted and described for any land disturbance, exceeding 2500 square feet, on the site development plan. 5. Development shall be limited to two lots per year. 6. Z The submitted preliminary subdivision plan shall be revised to accurately reflect the limits of nontidal wetlands, waterways and the 50' wide vegetative buffer, pursuant to the Southern Watersheds Management Ordinance. Site development plans and recorded plats must also accurately reflect these features. The required buffers must be planted in accordance with the Ordinance prior to occupancy. Prior to the submission of the preliminary subdivision plan for the property, the applicant shall meet with Planning Department staff to coordinate the extent and design of building envelopes for the wooded lots located on Oakum Creek. June 14, 1994 Item Ill-lc 1,~. PUBLIC HEARING ITEM # 38095 PLANNING Roger W. Gray, 1724 Royal Park court, Phone: 481-6800, represented the applicant, requested DEFERRAL. Susie D. Ibhitehurst, 1055 Norfolk Avenue, Phone: 425-1692, represented the Seatack, Atlantic Park and Surrounding Areas Civic leagues, Phone: 425-1692, registered in OPPOSITION but was not OPPOSED to the DEFERRAL. Upon motion by Councilman Brazier, seconded by Councilman Branch, City Council DEFERRED until the City Council Session of June 28, 1994, Ordinance upon Application of TIDEWATER REGIONAL GROUP HOME COMMISSION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TIDEWATER REGIONAL GROUP HOME COMMISSION FOR A CONDITIONAL USE PERMIT FOR A GROUP HOME Ordinance upon application of Tidewater Regional Group Home Commission for a Conditional Use Permit for a group home on the south side of Americus Avenue beginning at a point 350 feet more or less west of Birdneck Road. Said parcel contains 30,657.52 square feet. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linw°° d O. Branch, III, James gE. Brazier, Jr., Robert gE. Clyburn, Robert lc Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy tC Parker Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessorns, Jr. Council Members Absent: None Vice Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he is an officer of Central Fidelity Bank earning in excess of $10,000.00 annually. Central Fidelity Bank has a loan with this property. This item was BROUGHT FORWARD to the beginning of the PLANNING AGENDA. June 14, 1994 - 47 - Item III-K. 1,lc (a ) PUBLIC HEARING ITEM # 38096 PLANNING Jahn Summs, 332 North Great Neck Road, Phone: 340-1504, represented self re antique and specialty shops. ,4 motion was made by Councilman Moss, seconded by Council Lady Parker, to APPROVE `4ntique and Specialty Shops as a Conditional Use in B-1. Upon SUBSTITUTE MOTION by Councilman Jones, seconded by Councilman Clyburn, City Council ADOPTED: Or&'nance to `4MEND and REORDAIN Section 111 of the CITY ZONING ORDINANCE pertaining to definitions. AND, APPROVED Antique and Specialty Shops as recommended by the Planning Staff. Voting: 8-1 Council Members Voting ,'lye: John ,4. Baum, Linwood O. Branch, III, Robert W.. Clyburn, Robert Dean, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: John D. Moss Council Members ,4bsent: James gE. Brazier, Jr. and Paul J. Lanteigne June 14, 1994 AN ORDINANCE TO AMEND AND REORDAIN SECTION 111 OF THE CITY!OF VIRGINIA BEACH ZONING ORDINANCE PERTAINING TO DEFINITIONS 5 6 7 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 111 of the City of Virginia Beach Zoning Ordinance is hereby amended and reordained by adding definitions, to read as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Sec. ~ll. Definitions· Antique Shop. A retail store, not e×ceeding 3000 square feet, where man-made articles at least 100 years old are offered for sal~ and cover at least 50% of the display floor area. Flex suite. A living unit, containinq no more than 500 squar~ feet, with separate kitchen and toilet facilities, located within a single family dwellinq and havinq direct interior access to the Drimary living unit. feet, ethnic groups, collectors, and offering goods available in convenience or general retail stores. Specialty Shop. A retail store, not exceeding 3000 square that caters to particularized markets, such as tourists, not qenerall~ 26 27 Adoptedby the Council of the City of Virginia Beach, Virginia on the 14 day of June , 1994. 28 29 3O 31 CA-5538 ~ORDIN~PROPOSED~45-111.ORD R-2 APRIL 21, 1994 la CO T rs ~J~'~ATURE DEPAR1)MENT APPROVED AS TO LEGAL SUmC E_NC ., ,N.9 FO .M Item III-K.l.k.(bl PUBLIC HEARING ITEM # 38097 PLANNING Upon motion by Councilman Moss, seconded by Councilman Jones, City Council APPROVED: Flex Suite as "as a matter of right" in AG-1/AG-2/R-20/R-30/R-40 Voting: 9-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor 14qlliam D. Sessoms, Jr. Council Members Voting Nay: Nancy IC Parker Council Members Absent: James W. Brazier, Jr. June 14, 1994 - 49 - Item III-K l.k.(c) PUBLIC HEARING ITEM # 38098 PLANNING Upon motion by Councilman Moss, seconded by Vice Mayor Sessoms, City Council ADOPTED: City of Virginia Beach Ordinances to AMEND and REORDAIN the City Zoning Ordinance: Section 1401 re definitions. Section 201 re yards. Section 203 re off-site parking requirements. AND, ADOPTED, AS AMENDED* Section 211 re signs permitted in all districts. *Verbiage under Section (i) and 0') shall read: (~) Church signs. One (!) sign per entrance not to exceed '_thirty-two- (-3-2)twen~_ -four (241 square feet per face. No such sign shall have more than two (2)faces. (~) Signs for public schools and private schools having curricuh,_,n~ similar to public schools. One (I) sign not to exceed ~ twenty -four (24) square feet per face. No sign shall have more than two (2) faces. No sign shall be installed within fifty (50) feet of a re$identia! Voting: 10-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, Robert Vd.. Clyburn, Robert IC Dean, Louis R, Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. June 14, 1994 - 50 - Item 111-32 1.k.(d) PUBLIC HEARING ITEM # 38099 PLANNING Upon motion by Councilman Moss, seconded by Councilman Clyburn, City Council ADOPTED: City of Virginia Beach Ordinances to AMEND and REORDAIN the City Zoning Ordinance: Section 235 re housing for the aged, disabled and handicapped. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert gE. Clyburn, Robert 32 Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Mayor Meyera E. Oberndorf Mayor Oberndorf had to leave for speala'ng engagement. June 14, 1994 - 51 - Item III-IC 1.lc PUBLIC HEARING ITEM # 38100 PLANNING Upon motion by Councilman Jones, seconded by Councilman Lanteigne, City Council ADOPTED: City of Virginia Beach Ordinances to AMEND and REORDAIN the City Zoning Ordinance: Sections 40L 501, 601, 80L 901, 1001, 1511, 1521 re use regulations l~otin g : 8-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: John D. Moss Council Members Absent: James W.. Brazier, Jr. and Mayor Meyera E. Oberndorf June 14, 1994 Item III-K. 1.k. (0 PUBLIC HEARING ITEM # 38101 PLANNING Upon motion by Councilman Moss, seconded by Council Lady Parker, City Council ADOPTED: City of Virginia Beach Ordinances to AMEND and REORDAIN the City Zoning Ordinance: Sections 602 and 1522 re dimensional requirements. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W.. Clyburn, Robert I~ Dean, Louis R~ Jones, Paul J. Lanteigne, John D. Moss, Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Mayor Meyera E. Oberndorf June 14, 1994 Item 111-32 1.k. (~ ) PUBLIC HEARING ITEM # 38102 PLANNING Upon motion by Councilman Moss, seconded by Council Lady Parker, City Council ADOPTED: City of Virginia Beach Ordinances to AMEND and REORDAIN the City Zoning Ordinance: Section 1005 re sign regulations AND, Section 1501 re use regulations in the RT-1 Resort Tourist District. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert 32 Dean, Louis R, Jones, Paul J. Lanteigne, John D. Moss, Nancy lC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Mayor Meyera E. Oberndorf June 1~ 1994 0 RD.-94-2 268 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 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 201, 203, 211, 235, 401, 501, 601, 602, 801, 901, 1001, 1005, 1401, 1511, 1521, and 1522 OF THE CITY ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 201, 203, 211, 235, 401, 501, 601, 602, 801, 901, 1001, 1005, 1401, 1511, 1521, and 1522 of the City Zoning Ordinance are hereby amended and reordained to read as follows: Bec. Z0~. Y&rds. (a) General. Ail required yards shall be unobstructed by any structure or other improvement which exceeds sixteen (16) inches in height as measured from ground elevation; provided, however, the following improvements may be located in a yard: (1) In-ground swimming pools~ jacuzzis, hot tubs or similar structures may extend to within five (5) feet of any side or rear property line, provided however, that no in-ground swimming pool~ jacuzzi, hot tub or similar structure shall extend into any required yard adjacent to a street. The following improvements may be located in a yard without regard to height unless regulated by other sections of this ordinance: (2) Fences, walls, poles, wires and customary yard accessories; (3) Roof overhangs or eaves which do not extend more than four (4) feet into the yard; (4) Residential heating and cooling equipment which does not extend more than five (5) feet into the yard and which is no closer than five (5) feet to the nearest lot line; and 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 (5) Chimneys which do not extend more than twenty-four (24) inches into the yard. In addition, certain other structures, uses or accessories may be prohibited in certain yards as set forth in the applicable district regulations. (b) Relationship to ultimate right-of-way. As an exception to the requirements above, where transportation plans have been approved and adopted by the city council, all yard requirements shall be measured from the ultimate right-of-way line established on said transportation plan or the street frontage line, whichever is the greater distance from the established centerline of the transportation plan. (c) Whenever the side or rear yard of lot abuts a public right-of-way not more than twenty (20) feet in width, the side or rear yard adjacent to such public right-of-way shall comply with the side or rear yard requirement which would apply to that lot if it did not abut a public right-of-way. (d) Requirements relating to garages and carports in yards. occupy any required No portion of any garage or carport shall front, side or rear yard. (e) (1) Requirements for fences and walls. Fences and walls shall not exceed a height of eight (8) feet. Walls and fences may project into or enclose any part of any yard; provided, however, that any fence or wall which projects into or encloses a required front or side yard adjacent to a street shall not exceed a height of four (4) feet except in the case of a through lot when a required front yard setback is clearly and physically the rear of the dwelling, an eight-foot fence will be 2 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 93 94 95 96 97 98 99 100 101 102 (2) (3) (4) (5) (6) allowed, and provided further that no fence or wall may be erected closer than five (5) feet to any right-of-way line, and where it is closer than ten (10) feet to any right-of-way line, it shall have installed between it and the right-of-way line Category I landscaping. Barbed wire and electrified fences are prohibited in all residential and apartment districts or within fifteen (15) feet thereof. Chain link fences shall be permitted, provided that Category I landscaping shall be installed between the entire length of any such fence and the public right-of-way. Fences shall be prohibited along that portion of a parking area of one (1) or more parking spaces which is adjacent to a street, unless required by other sections of this ordinance or a conditional use permit; except this shall not pertain to a decorative fence (excluding wire woven fence) with at least seventy-five (75) per cent unobstructed light penetration which meets all applicable height limits for fences. All required fences and walls shall be erected and maintained in accordance with the standards and specifications set forth in the Virginia Beach Landscaping, Screening and Buffering Specifications and Standards. All fences and walls, or portions thereof, which are located within thirty (30) feet of, and are substantially parallel to, any public right-of-way shall comply with the standards pertaining to fences and walls set forth in the Virginia Beach Landscaping, Screening and Buffering Specifications and Standards. Any such fence or wall located on a through lot shall also have a gate through which ingress and egress is provided. No nonconforming fence or wall located within thirty (30) feet of, and substantially parallel to, any public right- of-way shall be enlarged, extended, relocated or 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 reconstructed, nor shall more than fifty (50) per cent of any nonconforming fence or wall be replaced within any two-year period, unless such fence or wall is brought into conformity with the provisions of this section. As used herein, the term "nonconforming fence or wall" shall mean any fence or wall which was lawfully constructed prior to the adoption of this section and which fails to conform to any of the requirements of this section. These provisions shall apply notwithstanding that the replacement, reconstruction or relocation of a fence or wall, or portion thereof, is made necessary or otherwise occasioned by reason of condemnation or involuntary destruction or deterioration of, or damage to, such fence or wall or portion thereof. (7) The provisions of this section shall not apply to fences or walls used principally for agricultural or horticultural purposes. (f) vision clearance at intersections. Visibility triangles, within which nothing shall be erected, placed, or parked, planted or allowed to grow in such a manner as to impede vision between a height of two and one-half centerline of intersecting follows: (2 1/2) and eight (8) feet above the trafficways shall be provided as (1) Street intersections. A visibility triangle shall be required at all street intersections including at least the area within the first twenty (20) feet along the intersecting right-of- way (projected if rounded) and a line connecting the ends of such twenty-foot lines. Where sidewalks have been provided within the right-of-way line, vision clearance measurements shall be taken from the curb line, rather than the right-of-way line. (2) Intersections of driveways with streets. No wall, fence or other structure shall exceed a height of thirty (30) inches above the finished elevation of a driveway within a visibility triangle created by measuring ten (10) feet in from the intersection of a driveway boundary and property lines away from 138 139 140 141 142 the driveway with the ends of the two (2) ten-foot lines connected in a straight line to form the visibility triangle. The thirty- inch height for any portion within the triangle shall be computed from the elevation of the driveway which is perpendicular to that portio of wall or structure within the triangle. 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 Seo. Z03. Off-site parking requirements. (a) The following specified uses shall comply with the off- street parking requirements designated therefor: (1) Animal hospitals, business studios, eleemosynary and philanthropic institutions, veterinary establishments, commercial kennels, animal pounds and shelters, wholesaling and distribution operations, financial institutions other than banks, laboratories other than medical, passenger transportation terminals and broadcasting studios: At least one (1) space per four hundred (400) square feet of floor area: (2) Auditoriums, assembly halls and union halls; commercial recreation facilities: At least one (1) space per one hundred (100) square feet of floor area or at least one (1) space per five (5) fixed seats, whichever is greater; (3) Banks, credit unions, savings and loans, and other such financial institutions: At least one (1) space per one hundred twenty-five (125) square feet of floor area; (4) Botanical and zoological gardens: At least one (1) space per ten thousand (10,000) square feet of lot area; (5)Bowling alleys: At least five (5) spaces per alley; (6) Child care centers and child care education centers: At least one (1) space per three hundred (300) square feet of floor area; (7) Churches: At least one (1) space per five (5) seats or bench seating space in the main auditorium; (8) College or university: At least one (1) space per five (5) spaces per classroom, whichever is greater; 5 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 ~c~(9) Country inns: At least one (1) space per room provided for lodging transients; ("~' (10)~, Drive-in eating and drinking establishments: At least one (1) space per fifty (50) square feet of floor area; ~, 1~ Dwellings, single-family, semidetached, duplex and attached: At least two (2) spaces per dwelling unit; ~, (12) Dwellings, multifamily: At least two (2) spaces per dwelling unit for the first fifty (50) units located on a zoning lot and at least one and three quarters (1 3/4) spaces per dwelling unit for all units in excess of fifty (50) units. ~c~4~(13) Eating and drinking establishments: At least one (1) space for each seventy-five (75) square feet of floor area; (15)(14) Eating and drinking establishments accessory to a hotel: At least one (1) square for each three hundred (300) square feet of floor area in dining area; ~c~(15) Fraternity or sorority house, student dormitory: At least one (1) space per two (2) lodging units or one (1) space per three (3) occupants, whichever is greater; ~.)(16) Furniture or appliance stores, machinery equipment, automotive and boat sales and service: At least one (1) space per nine hundred (900) square feet of floor area; ~, (17) Golf courses: At least five (5) spaces per hole in the main course; (19)(18) Greenhouses and plant nurseries: At least one (1) space per one thousand (1,000) square feet of selling area; (21)(19) Hospitals: At least two and one-half (2.5) spaces per patient bed; (22)(20) Lodging units: At least one (1) space per lodging unit; 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 ~cz~4+(21) Meeting rooms and convention hall facilities accessory to a hotel: At least one (1) space per twenty (20) seating capacity; (25) (22) Museums and art galleries: Not less than ten (10) spaces and one (1) additional space for each three hundred (300) square feet of floor area or fraction thereof in excess of one thousand (1,000) square feet; (26)(23) Nurses homes and similar housing for institutional employees: At least one (1) space per four (4) occupants; (27)(24) Offices: At least one (1) one space per two hundred seventy (270) square feet of floor area; (2~) (25) Personal service establishments: At least one (1) space per two hundred (200) square feet of floor area: (2~) (26) Printing and publishing establishments: At least one (1) space per one thousand (1,000) square feet of floor area; (2~) (27) Private clubs and lodges, social centers, athletic clubs and commercial recreation facilities other than bowling alleys: At least one (1) space per one hundred (100) square feet of floor area; (31)(28) Public buildings and funeral homes: At least one (1) space per five hundred (500) square feet of floor area; (32)(29) Retail establishments, repair establishments, plumbing and heating establishments and service establishments other than personal service establishments: At least one (1) space per two hundred (200) square feet of floor area; ~c~(30) Restaurants other than drive-in eating and drinking establishments: At least one (1) space per seventy-five (75) square feet of floor area; ~-34+(31) Sanitariums: At least one (1) space per four (4) patient beds; ~, (32) Service or repair establishments, motion picture studios, utility installations, manufacturing, industrial, processing, packaging, fabricating, research or testing 7 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 labs, warehouse establishments, printing, publishing, and plumbing and heating establishments: At least one (1) space per employee on maximum working shift; (~) (33) (i) Shopping centers containing more than eight (8) individual uses or businesses and located on a zoning lot five (5) to ten (10) acres in size shall have a total of: a. One (1) space per two hundred (200) square feet of floor area of all uses except restaurants and theaters; b. One (1) space per two hundred (200) square feet of floor area of restaurants and theaters occupying, in the aggregate, ten (10) percent or less of the total floor area of the shopping center; c. One (1) space per seventy-five (75) square feet of floor area of restaurants in excess thereof; and d. One (1) space per one hundred (100) square feet of floor area of theaters in excess thereof; (ii) Shopping centers containing more than eight (8) individual uses or businesses and located on a zoning lot ten (10) to thirty (30) acres in size shall have a total of: a. One (1) space per two hundred (200) square feet of floor area of all uses except restaurants and theaters. b. One (1) space per two hundred (200) square feet of floor area of restaurants and theaters occupying, in the aggregate, ten (10) percent or less of the total floor area of the shopping center; c. One (1) space per seventy-five (75) square feet of floor area of restaurants in excess thereof; and d. One (1) space per one hundred (100) square feet of floor area of theaters in excess thereof; 8 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 (iii) Shopping centers containing more than eight (8) individual uses or businesses and located on a zoning lot greater than thirty (30) acres in size shall have a total of: a. One (1) space per two hundred (200) square feet of floor area of all uses except restaurants and theaters; b. One (1) space per two hundred (200) square feet of floor area of restaurants and theaters occupying, in the aggregate, fifteen (15) percent or less of the total floor area of the shopping center; c. One (1) space per seventy-five (75) square feet of floor area of restaurants in excess thereof; and d. One (1) space per one hundred (100) square feet of floor area of theaters in excess thereof; (iv) Notwithstanding the foregoing provisions, in the event the total parking requirement of the individual uses within a shopping center is less than that required pursuant to (i) or (ii) hereinabove, the lesser requirement shall apply; ~7-~(34) Vocational, technical, industrial and trade schools: At least six (6) spaces per classroom; ~,'~°'35) Uses permitted under conditional use permits shall comply with the specific off-street parking requirements attached to the conditional use permit. (b) General standards. Any off-street parking space, including spaces provided above the minimum required, shall have minimum dimensions of nine (9) by eighteen (18) feet; provided that minimum dimensions for parallel parking spaces shall be nine (9) by twenty-two (22) feet; provided that within a parking lot or an enclosed parking garage or structure twenty-five (25) percent of the spaces provided may be designated for compact cars provided that the minimum dimensions shall be eight (8) by seventeen (17) feet for regular spaces or eight (8) by twenty (20) feet for parallel spaces and that all such compact car spaces be clearly 9 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 marked with the wording "Compact Cars Only"; provided further, that where the width of a parking space abuts a street frontage landscaping strip and/or interior landscaped areas, the length of the parking space may be reduced by one and one-half (1.5) feet. Each space shall be unobstructed, shall have access to a street and shall be so arranged that any automobile may be moved without moving another, except in the case of parking for one-and two- family dwellings and in the case of parking for employees on the premises. All spaces shall be provided and maintained with an all weather surface. Where parking areas are illuminated, all sources of illumination shall be so shielded as to prevent any direct reflection toward adjacent premises in residential, apartment, or hotel districts. In addition: (1) Parking areas for three (3) or more automobiles shall have individual spaces marked, except in the case of parking for one and two-family detached dwellings, and spaces shall be so arranged that no maneuvering directly incidental to entering or leaving a parking space shall be on any public street, alley, or walkway. (2) Minimum aisle width required for parking areas shall be according to the following table: Parking Angle Aisle Width (in degrees) (in feet) 0-4412 45-5913.5 60-6918.5 70-7919.5 80-8921 90 22 (c) Parking for accessory uses. Unless otherwise specified in the district regulations, accessory uses shall conform to the parking requirements applicable to such uses, which requirements shall be in addition to any parking required of the principal use. (d) Commercial vehicular parking. Parking of a commercial vehicle in residential or apartment districts shall be prohibited, except that one (1) commercial vehicle of one (1) ton or less in carrying capacity and which does not exceed seven (7) feet in height or twenty (20) feet in length may be parked on any lot where 10 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 there is located a main building by a resident of the premises. This restriction shall not apply to commercial vehicles during the normal conduct of business or in the delivery or provision of service to a residential area. The parking of semitrailers for commercial or industrial storage is prohibited except on bona fide construction sites. (e) Requirements for access by disabled persons. Off-street parking for handicapped persons shall meet the standards established by the Americans With Disabilities Act. 1Ol to 200 3 (f) Residential parking requirements. Any area within a garage or within an enclosed or covered space may be counted toward meeting off-street parking requirements except where specifically prohibited in the applicable district regulations. 11 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 Sec. Z~l. signs permitte4 in all districts. The following types of signs are exempted from all of the provisions of this ordinance, except for illumination, construction and safety regulations and the following standards: (a) Public signs. Signs of a noncommercial nature and in the interest of, erected by, or on the order of, a public officer in the performance of his public duty, such as directional signs, regulatory signs, warning signs, and informational signs. (b) Temporary signs. (1) Temporary signs announcing any public, charitable, educational, religious or other noncommercial event or function, located entirely upon the property on which such event or function is held and set back no less than seven (7) feet from the property line, and having a maximum sign area of thirty-two (32) square feet. Such signs shall be allowed no more than thirty (30) days prior to the event or function and must be removed within seven (7) days after the event or function. Such signs may be illuminated in accordance with the restrictions set forth in section 213 hereof. If building-mounted, such signs shall be flat wall signs and shall not project above the roofline. If freestanding, the height of any such sign shall be no more than twelve (12) feet above ground level. (2) Temporary signs of a commercial nature announcing grand openings or other special events or promotions, subject to the limitations as to size, height and location set forth in subdivision (1) hereof. Such signs shall be displayed no more than three (3) times per year by any business or establishment, nor for any period in excess of seven (7) days. (3) Temporary signs displayed upon balloons, subject to the requirements of subdivisions (1) and (2) 12 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 hereof; provided, however, that balloons displaying such signs may, if affixed to the roof of a building or structure, project no more than thirty (30) feet above the roofline or, if affixed to the ground, have a height not exceeding thirty (30) feet from ground level. Such signs shall not exceed seventy-five (75) square feet in surface area. (c) Integral. monumental citations, Names of buildings, dates of erection, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type construction and made an integral part of the structure. (d) Private traffic direction. Signs directing traffic movement onto a premises or within a premises not exceeding four (4) square feet in area for each sign. (e) Political campaign signs. Signs announcing candidates seeking public political office and other data pertinent thereto shall be permitted up to a total area of eight (8) square feet for each premises in a residential zone and thirty-two (32) square feet in a commercial or industrial zone. These signs shall be confined within private property and shall not encroach into the visibility triangle at street intersections. These signs may be displayed sixty (60) days prior to and seven (7) days after the election for which intended. In cases where a final election follows a primary election, those candidates who won in the primary election may continue to display their signs during the interim period and up to seven (7) days after the final election. (f) Identification signs. Signs not exceeding one (1) square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, professional or other identification of premises not having commercial connotations. (g) Construction signs. One (1) sign on each roadway frontage not exceeding thirty-two (32) square feet in area and bearing only the names and addresses of the project, contractors, 13 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 architects, developers, planners, financial institutions, or engineers engaged in the construction project and only during the time construction or development is actively underway. Such signs should set back no less than ten (10) feet from any property line. (h) Commercial signs used for political campaign advertising. Commercial signs may be used for political campaign advertising sixty (60) days prior to and seven (7) days after the election for which intended. In cases where a final election follows a primary election, those candidates who won in the primary election may continue to display their signs during the interim period and up to seven (7) days after the final election. The political campaign advertisement shall encompass the entire surface area upon which it is placed. The advertisement shall be secured to the commercial sign in a manner acceptable to the department of permits and inspections. (i) Church signs. One (1) sign per entrance not to exceed twenty-four (24) square feet per face. No such sign shall have more than two (2) faces. (~) Signs for public schools and private schools having curriculums similar to public schools. One (1) siqn not to exceed twenty-four (24) square feet per face. No sign shall have more than two (2) faces. No sign shall be installed within fifty (50) feet of a residential use. 479 480 481 482 483 484 485 486 487 488 489 490 Sec. 235. Housing for the aged, disabled and handicapped. Housing for the aged, disabled and handicapped shall be subject to the following conditions: (a) Fire Standards. The fire chief of the City of Virginia Beach shall review each application and make appropriate recommendations for fire protection requirements which may be more stringent than those specified by the Uniform Statewide Building Code. These recommendations may be made conditions of the conditional use permit by city council. (b) Location and density criteria. The density of the project shall be determined by the city council upon consideration of: 14 491 492 493 494 495 496 497 498 499 5O0 501 (c) (1) The location of the project; (2) The adequacy of public facilities and services to meet the proposed needs of the project; and (3) The compatibility of the project with the surrounding neighborhood. Parking requirements. There shall be one (1) parking space provided for each dwelling unit. For convalescent or nursinq homes there shall be one (1) space Der each four (4) patient beds. However, this requirement may be modified by the city council when it is found that special conditions warrant such a modification. 502 503 504 5O5 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 Sec. 401. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the respective agricultural districts shall be permitted as either principal uses indicted by a "P" or as conditional uses indicated by a "C". Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. USE AG-1 AG-2 Agricultural, aquacultural and horticultural uses, including orchards, vineyards, nurseries and the raising and grazing of livestock, poultry and swine and the keeping of bees P P Airports, heliports and helistops C C Animal hospitals, pounds, shelters, commercial and residential kennels C C Borrow pit C C Cemetery, columbarium, crematory and mausoleum C C Child care education centers in connection with public or private elementary schools or churches P P Child care education centers, day nurseries, 15 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 other than those permitted as principal uses and structures, when not operated by a public agency Churches Commercial recreation facilities other than those of an outdoor nature Community centers Country inns Drive-in theaters Dwelling, single family addition Dwellings, duplex Dwellings, single family, except as specified in section 405(d) Dwellings, single family, if in accordance with section 405(d) Family care homes, foster homes or group homes Firewood preparation facility Fish hatcheries and fish pond Flex suite Forests and forestry Fraternity and sorority houses, student dormitories and student centers; provided that they be located within a one-mile radius of a college or university Game preserves Golf courses, including par 3 with a minimum area of 10 acres, and miniature golf courses Home occupations, including those conducted outside the principal structures Homes for the aged, disabled or handicapped, including convalescent or nursing homes Hospitals and sanitariums Lodges for fraternal organizations Marinas, noncommercial and community boat docks Maternity homes Monasteries and convents 16 C C C C C P X C P C C P p P C P C C C C C C C C C C C C C P X C P C C P p P C P C C C C C C C C 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 Museums and art galleries when not operated by a public agency Private schools having curriculums similar to public schools Private sewage treatment facilities Public elementary, intermediate and high schools, colleges and universities; day nurseries in connection with public or private elementary schools or churches Public parks, recreational areas, botanical and zoological gardens, golf courses, marinas and other public buildings and uses Public utility installations and substations; provided offices, storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations other than individual transformers, shall be surrounded by Category V screening, solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require Category I screening, solid except for access openings Public utility transformer stations and major transmission lines and towers (50,000 volts or more) Recreation and amusement facilities of an outdoor nature other than those specified as principal uses, which may be partially or temporarily enclosed on a seasonal basis, with the approval of city council Recreational campgrounds Repair of agricultural equipment Retail sales of garden supplies, equipment, and material, as a subsidiary use to a plant nursery, provided that the sales is enclosed and limited to C C C P P P C C C C C C C P P P C C C C 17 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 a maximum floor area of five hundred (500) square feet C C Riding academies, horses for hire or boarding C C Shelter for farm employees C C Storage and maintenance installations for public utilities C C Television or other broadcasting stations~ cellular telephone antenna and line-of-sight relay devices C C Wells, water reservoirs, and water control structures P P (b) Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to principal uses and structures, including but not limited to: (1) In connection with agricultural use, no more than one (1) roadside stand for sale of agricultural products produced by the operator of the roadside stand, provided that: (i) No such stand shall exceed one thousand (1,000) square feet in floor area; (ii) No stand shall be erected within fifty (50) feet of the property line fronting on any street; (iii) The operator of the stand must be the owner or operator of the agricultural property on which the stand is located; (iv) At least fifty (50) percent by value of the produce sold from the stand shall have been produced by the operator of the roadside stand. (2) An accessory activity operated for profit in a residential dwelling unit where there is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one (1) nonilluminated identification sign not more than one (1) square foot in area mounted flat against the residence; where no traffic is generated, including traffic by 18 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 commercial delivery vehicles, by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; where the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling units is employed in the activity; where such activity is conducted only in the principal structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the activity is specifically designed or conducted to permit no more than one patron, customer, or pupil to be present on the premises at any one time. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, tourist homes, massage parlors, radio or television repair shops, auto repair shops, or similar establishments. Sec. 501. Use regulations (a) Principal and conditional uses. The following chart lists those uses permitted within the R-40 through R-2.5 Residential Districts. Those uses and structures in the respective residential districts shall be permitted as either principal uses indicted 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. 19 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 RESIDENTIAL DISTRICTS USES R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S R-2.5 Agricultural & horticultural uses except for the keeping of poultry and livestock. P P P P P P P P P P Borrow pit C C C C C C C C C C Cemetery, columbarium, crematory and mausoleum X X X C C C C C C X Child care centers and child care education centers in conjunction with public or private elementary schools P P P P P P P P P P Child care centers and child care education centers in churches C C C C C C C C C C Churches C C C C C C C C C C Colleges & universities, public P P P P P P P P P P Community centers, public P P P P P P P P P P Convalescent homes, private X X X C C C C C C X Dormitories, student provided that they are located within a one mile radius of an established college or university. C C C C C C C C C X Dwellings, attached X X X X X X X X X P Dwellings, duplex X X X X X X X X X X Dwellings, semi-detached X X X X X X X X X X Dwellings, single family p p p p p P P P P X Family care homes C C C C C C C C C C Foster homes C C C C C C C C C C Flex suite P P P X X X X X X X Fraternity and sorority houses provided that they are located within a one mile radius of an established college or university. C Golf courses, nonilluminated, including par 3 but not miniature, with a minimum area of 10 acres, together with such uses which are incidental to golf courses, provided that such uses shall be designed and scaled to meet only the C C C C C C C C X 20 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 requirements of the members, guests, or users of the golf course, and no signs or other indications of such uses shall be visible from any public way C C C C C C C C C C Group homes C C C C C C C C C C Home occupation C C C C C C C C C C Homes for the aged, disabled when not operated by a public agency. X X X C C C C C C X Horse stables, including barns or other structures built for the purpose of boarding horses, provided that no stable or barn shall be located within 300 feet of a property line. C X X X X X X X X X Hospitals and sanitariums X X X C C C C C C X Kennels, residential C C C C C C C C C X Marinas, non-commercial and community boat docks C C C C C C C C C C Museums & art galleries, private C C C C C C C C C C Nursing homes, when not operated by a public agency X X X C C C C C C X Private sewage treatment facilities C C C C C C C C C C Public parks, recreational areas, botanical and zoological gardens, and other public buildings and uses P P P P P P P P P P Public utility installations and sub- stations; provided offices, storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations other than individual transformers, shall be surrounded by Category V screen- ing, solid except for entrances and exits; and provided also, trans- former vaults for underground util- ities and the like shall require Category I screening, solid except for access openings Recreation and amusement facilities of an outdoor nature other than those specified as principal uses, which P P P P P P P P P P 21 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 may be partially or temporarily enclosed on a seasonal basis, with the approval of City Council, except that riding academies and recreational campgrounds shall not be allowed C Schools, private when having academic C C C C C C C C C curriculums similar to public schools C C C C C C C C C C Schools, public P P P P P P P P P P Storage or maintenance installation for public utilities C C C C C C C C C C Television or other broadcasting stations, cellular telephone antenna and line of sight relay devices C C C C C C C C C C Theaters for live production C C C C C C C C C C Sec. 601. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the A-12 through A-36 Apartment Districts. Those uses and structures in the respective apartment districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use A-12 A-18 A-24 A-36 Agricultural and horticultural uses except for the keeping of poultry, livestock and bees Borrow pits Child care centers Child care education centers in conjunction with public or private elementary schools or churches Churches Clubs, private and/or athletic Dwellings, attached (townhouses) Dwellings, duplex Dwellings, multiple-family Dwellings, semidetached P P P P C C C C P P P P P P P P C C C C X X C C P P P X P P P P P P P P P P P P 22 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 Dwellinqs, sinqle family addition Facilities for the production of live theater and allied purposes including education in the theater arts Family care homes, foster homes or group homes Fraternity and sorority houses, student centers and student dormitories Golf courses, nonilluminated, including par 3 but not miniature, with a minimum area of 10 acres Home occupation Homes for the aged, disabled or handicapped, including convalescent or nursing homes Hospitals and sanitariums Lodges for fraternal organizations Marinas, noncommercial and community boat docks Maternity homes Mobile home parks Museums and art galleries when not operated by a public agency Nurse's homes and similar housing for institutional employees, monasteries and convents Public parks, recreational areas, botanical and zoological gardens and other public buildings and uses Public elementary, intermediate and high schools; colleges and universities Public utility installations and substations; provided offices, storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations other than individual transformers, shall be surrounded by Category V screening, solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require Category I screening, solid except for access openings Private schools when having academic curriculums similar to public schools p C C C C C C C X C C C C C P P P C p C C C C C C C X C C C C C P P P C p C C C C C C C C C C C C C P P P C C C C C C C C C C C C C C P P P C 23 842 843 844 845 846 847 848 849 850 851 852 853 854 Recreation and amusement facilities of an outdoor nature other than those specified as principal uses, which may be partially or temporarily enclosed on a seasonal basis, with the approval of city council, except that riding academies and recreational campgrounds shall not be allowed Television or other broadcasting stations, cellular telephone antenna and line-of-sight relay devices C C C C C C C C 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 880 881 (b) Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to principal uses and structures, including but not limited to: (1) Garages, tool sheds, greenhouses, swimming pools, barbecue facilities and tennis courts. (2) An accessory activity operated for profit in a residential dwelling unit where there is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one (1) nonilluminated identification sign not more than one (1) square foot in area mounted flat against the residence; where no traffic is generated, including traffic by commercial delivery vehicles, by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; where the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling units is employed in the activity; where such activity is conducted only in the principal structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the activity is specifically designed or conducted to permit 24 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920 no more than one (1) patron, customer, or pupil to be present on the premises at any one time. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, tourist homes, massage parlors, radio or television repair shops, auto repair shops, or similar establishments. Sec. 602. Dimensional requirements. The following chart lists the requirements within the A-12 through A-36 Apartment Districts for minimum lot area, width, yard spacing and maximum lot coverage for semidetached dwellings. (a) For semidetached dwellings: Apartment Districts A-12 A-18 A-24 A-36 (1) Minimum lot area in square feet: (2) Minimum lot width in feet: 60 (3) Minimum front yard setback in feet: 30 (4) Minimum side yard setback in feet: 15 (5) Minimum rear yard setback in feet: 10 (6) Maximum lot coverage in percent: 30 6,500 6,500 6,500 6,500 60 60 60 30 30 30 15 15 15 10 10 10 30 30 30 The following chart lists the requirements within the A-12 through A-36 Apartment Districts for minimum lot area, width, yard spacing and maximum lot coverage for duplex dwellings. (b) For duplex dwellings: Apartment Districts A-12 A-18 A-24 A-36 (1) Minimum lot area in square feet: 10,000 20,000 20,000 40,000 (2) Minimum lot width in feet: 75 100 100 200 (3) Minimum front yard setback in feet: 30 30 30 30 (4) Minimum side yard setback in feet: 10 10 10 8 (5) Minimum rear yard setback in feet: 10 10 10 10 25 921 922 (6) Maximum lot coverage in percent: 30 30 30 30 923 924 925 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 The following chart lists the requirements within the A-12 through A-24 Apartment Districts for minimum lot area, width, yard spacing, maximum lot coverage, maximum density and maximum number of units constructed in a single building for single-family attached dwellings (townhouses). (c) For attached dwellings (townhouses): Apartment Districts A-12 A-18 A-24 (1) Minimum lot area in square feet: 1,400 1,400 1,400 (2) Minimum average lot area in square feet: 2,500 2,500 2,500 (3) Minimum interior lot width in feet: 14 14 14 (4) Minimum exterior width in feet: lot 30 30 30 (5) Minimum front yard setback in feet: 30 30 30 (6) Minimum front yard setback where all required parking is provided in the rear, in feet: 15 15 15 (7) Minimum side yard setback in feet: 10 10 10 (8) Minimum rear yard setback for dwellings in feet: 20 20 20 (9) Minimum rear yard setback for accessory buildings of less than 100 square feet; in feet: 5 5 5 (10) Maximum lot coverage in percent: 40 40 40 (11) Maximum density dwellings per acre: in 12 18 24 (12) Maximum number of attached dwellings in one (1) group without side yard setbacks: 6 6 6 961 962 The following chart lists the requirements within the A-12 through A-36 Apartment Districts for minimum lot area, width, yard 26 963 spacing, maximum lot coverage and maximum density for multiple- 964 965 966 967 968 family dwellings. (d) For multiple-family dwellings: A-12 Apartment Districts A-18 A-24 A-36 (1) Minimum lot area in square feet: 10,000 20,000 20,000 40,000 969 (2) Minimum lot width in 970 feet: 100 100 100 200 971 972 973 974 975 976 977 978 979 980 981 982 983 (3) Minimum front yard setback in feet: 30 30 30 30 (4) Minimum side yard setback in feet: 10 10 10 8 (5) Minimum rear yard setback in feet: 10 10 10 10 (6) Maximum lot coverage by buildings and parking, excluding recreational buildings and surfaces in percent: 40 50 60 75 (7) Maximum density dwellings per acre: in 12 18 24 36 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 The following chart lists the requirements within the A-12 through A-36 Apartment Districts for minimum lot area, width, yard spacing, maximum lot coverage and maximum floor area ratio for uses and structures other than dwellings. (e) For uses other than dwellings: A-12 Apartment Districts A-18 A-24 A-36 (1) Minimum lot area in square feet: 40,000 40,000 40,000 40,000 (2) Minimum lot width in feet: 150 150 150 200 (3) Minimum setback in feet: front yard side yard rear yard (4) Minimum setback in feet: (5) Minimum setback in feet: (6) Maximum lot coverage in percent: 30 30 30 30 15 10 10 8 15 10 10 10 30 30 30 30 0.3 0.7 0.7 1.1 (7) Maximum floor area ratio to zoning lot area: 27 1004 (f) For additions to existinq sinqle-family dwellinqs: 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 A-12 A-18 A-24 A-36 (1) Minimum front yard setback in feet: 30 30 3_90 30 (2) Minimum side yard setback except when adjacent to a street in feet: (3) Minimum side yard setback when adjacent to a street in feet: 30 30 3_90 30 (4) Minimum rear yard setback except for accessory structures in feet: 20 20 2--0 20 (5) Minimum rear yard setback for accessory structures in feet: 10 10 1-0 10 (6) Maximum lot coveraqe in percent: 35 35 3--5 35 (f) (~ Any yard adjacent to a street within the A-12 through A-36 Apartment Districts shall be a minimum of thirty (30) feet. Sec. 80~. Use Regulations (a) Principal and conditional uses. The following chart lists those uses permitted within the O-1 and 0-2 Office Districts. Those uses and structures in the respective office districts shall be permitted as either principal uses indicted by a P or as conditional uses indicated by a C. Uses and structures indicated by an respective districts. No uses specified shall be permitted. X shall be prohibited in the or structures other than as 1035 1036 USE O-1 0-2 1037 1038 1039 1040 1041 1042 Business offices of advertising, real estate, insurance, commercial or industrial establishments Cemeteries Child care centers P P C C P P 1043 Child care education centers in connection 28 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 with public or private elementary schools or churches P Churches C Eating and drinking establishments, establishments for sale of convenience goods and personal service establishments other than those permitted as principal uses, provided that such uses shall be in connection with a principal use and shall in combination not occupy more than ten (10) percent of the total floor area involved in the principal use C P C C 1058 1059 1060 1061 Finance agency offices, banks Florists retail Funeral homes P C P P 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 Governmental centers and offices and other public uses and structures appropriate to the character of the district, necessary to its servicing, or requiring location within the district Hospital and sanitariums Medical, optical and dental offices and clinics; legal, engineering, architectural and similar professional offices, accounting, auditing and bookkeeping service offices Museums, art galleries, auditoriums, arenas, civic or cultural centers, historic exhibits, botanical gardens, parks, recreational facilities and the like, when operated by a public P X P P C P 29 1079 1080 1081 1082 1083 1084 1085 1086 1087 agency or not for profit X Nursing or convalescent homes, maternity homes, homes for the aged and similar institutions for the shelter and care of persons X offices in which goods, ware or merchandise are not commercially created, displayed, stored, exchanged or sold P P C P 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 Offices of miscellaneous business services such as consumer credit reporting agencies, mailing list and stenographic services, business and management consulting services P Offices of nonprofit organizations, such as professional organizations, civic, social and fraternal associations, political organizations, religious organizations, and labor unions; provided, however, that no hiring halls shall be permitted in this district P Off-street parking in conjunction with permitted uses in an adjoining business district, provided such parking shall be limited to that zoning lot contiguous with the business district use for which the parking is provided but in no event shall such off- street parking extend more than two hundred (200) feet into the 0-2 district X P P C 1112 1113 Private clubs and lodges, social centers, eleemosynary establishments and 30 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 athletic clubs X Public schools, colleges and universities, and private schools, colleges and universities having similar academic curriculums C Public utilities installations and substations provided storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations, other than individual transformers, shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screening hedge five (5) to six (6) feet in height; and provided also, transformer vaults for underground utilities and the like shall require only a landscaped screening hedge, solid except for access opening P C P P 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 Public utilities business offices X P Television or radio transmission towers~ cellular telephone antenna and line-of-sight relay devices C C (b) Accessory uses and structures: Uses and structures which are customarily accessory and clearly incidental and subordinate to principal uses and structures, including but not limited to: (1) As appropriate to the principal use, ethical pharmacies, dental laboratories, and the fitting and sale of eyeglasses, hearing aids, prosthetic appliances, and the like, provided that no such accessory use in combination, shall occupy more than ten (10) percent of the total floor area involved in the principal use. 31 1148 1149 1150 1151 1152 1153 1154 1155 1156 Sec. 901. Use Regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4 Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicted 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. 1157 1158 1159 1160 1161 1162 1163 Use B-1 B-iA B-2 B-3 B-4 Animal hospitals, pounds, shelters, commercial kennels, provided that all animals shall be kept in soundproofed air conditioned buildings Attached dwellings P P P P P X X X X P 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 Auditoriums, assembly halls and union halls Automobile repair garages and small engine repair establishments, provided that all repair work shall be performed within a building Automobile repair establishments dealing exclusively in minor repairs of the type provided at automobile services stations Automobile service stations; provided that, there is an adjoining residential or apartment district without an intervening street, alley or permanent open space over twenty-five (25) feet in width and where lots separated by a district boundary have adjacent front yards, Category VI screening shall separate the automobile service station use from the adjacent residential district and no ground sign shall be within fifty (50) feet of the residential or apartment district Bakeries, confectioneries and delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on the premises X C P P P X X C X C X X C C C X X C C C P P P P P 32 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 Bicycle and moped rental establishments Bingo Halls Boat Sales Borrow pits Bulk storage yards and building contractors' yards; provided that no sale or processing of scrap, salvage, or secondhand material shall be permitted in such yards; and, provided further that such storage yards shall be completely enclosed except for necessary opening for ingress and egress by a fence or wall not less than six (6) feet in height Business and vocational schools which do not involve the operation of woodwork shops, machine shops or other similar facilities Business studios, offices, and clinics Car wash facilities, provided that: (i) no water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties; (ii) a minimum of three (3) off- street parking spaces for automobiles shall be provided for each car wash space within the facility Child care and child care education centers Churches Commercial parking lots, parking garages and storage garages Commercial recreation facilities other than those of an outdoor nature Dormitories for marine pilots Drugstores, beauty shops~ and barbershops and other personal service establishments Eating and drinking establishments with drive- through windows, except as specified below X X X X X X P X C X X X X P X X X X X X P P X C C X X X P X X C P C C P P C P C P C X P P X X X X X P P C P C P C X P P C C P X X P P C P C P P C P P 33 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 Eating and drinking establishments without drive- through windows, except as specified below Eating and drinking establishments where all four of the following occur: Alcoholic beverages are served; The establishment is located within 500 feet of a residential or apartment district; The establishment operates at any time between 12:00 midnight and 2:00 a.m. The establishment excludes minors (persons under 18 years of age) during any part of the day, or provides entertainment, audible from adjoining property. Financial institutions Florists, gift shops, antique shops, and stationery stores Funeral homes Furniture repair and upholstering, repair services for radio and television and household appliances other than those with gasoline engines; service and repair services for business machines; carpet and linoleum laying; tile setting, sign shops and other small service businesses Greenhouses and plant nurseries Grocery stores, carry-out food stores and convenience stores all being both free-standing and in a structure with a gross floor area of less than five-thousand (5,000) square feet Grocery stores, carry-out food stores and convenience stores whether or not free-standing and in a structure with a gross floor area of not less than five-thousand (5,000) square feet P X P P X X X C X P X P P P P P C X P C P P P P P P P P C P P P P X P P P C P P P P P P P 34 1311 1312 1313 1314 1315 1316 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but are in a structure with a gross floor area of less than five- thousand (5,000) square feet Heliports and helistops Home occupants Homes for the aged, disabled or handicapped, maternity homes,including convalescent or nursing homes; child care centers, other than those covered under permitted principal uses and structures hereinabove, when not operated by a public agency, provided that the maximum density for homes for the aged shall be sixty (60) dwelling units per acre and the maximum height shall not exceed one hundred and sixty- five (165) feet, provided however, that the allowed excess height shall not exceed twice the distance to the nearest lot line from the structure with the excess height, notwithstanding the above, no structure shall exceed the height limit established by section 202(b) regarding air navigation Hospitals and sanitariums Hotel and motels Hotel and motels with increased lodging unit density and height, provided that the maximum density shall be one- hundred and twenty (120) lodging units per acre, the minimum lot area shall be one (1) acre and the maximum height shall be one-hundred (100) feet, notwithstanding the above, no structure shall exceed the height limit etablished by Sec. 202(b) regarding air navigation. Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices Laundry and dry cleaning agencies Liquor stores, package only Marinas, commercial P X X X X X X X P P X P X X X X X X X P P X P C X X C X X P P P C P C X X C P X P P P C P C C C C P C P P P C 35 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 1396 1397 1398 1399 1400 1401 1402 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 1428 Medical and dental offices Medical laboratories Mini-warehouses Mobile home sales Motor vehicle sales and rental, provided the minimum lot size is twenty thousand (20,000) square feet Multiple-family dwellings Museums and art galleries Newspaper printing and publishing, job and commercial printing Off-site parking facilities in connection with hotels and motels located with the RT-1 Resort Tourist District may be permitted on zoning lots within the B-4 Resort Commercial District where the required off-street parking cannot be provided on the lot with the principal building or use provided: (a) Structures for parking facilities shall conform to the regulations of the district in which located. (b) A written agreement assuring continued availability of the number of spaces indicated shall be drawn and executed, and a certified copy of such agreement shall be recorded with the Clerk of the Court. Such agreement shall stipulate that, if such space is not maintained or space acceptable to the planning director substituted, the use or such portion of the use as is deficient in the number of parking spaces shall be discontinued. The agreement shall be subject to the approval of the city attorney. Passenger transportation terminals Private clubs, lodges, social centers, eleemosynary establishments and athletic clubs Public buildings and grounds P X X X X X C X 36 X X P P P X C X X X P P X X P P P P C C C X P P X C P P P P C X C X P P X C P P P P C X C X P P P C P P 1429 1430 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440 1441 1442 1443 1444 1445 1446 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 1475 1476 Public utilities installations and substations provided by storage or maintenance facilities shall not be permitted; and provided, further that utilities substations, other than individual transformers, shall be surrounded by Category VI screening, solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require only Category I screening, solid except for access opening Public utilities offices Public utility storage and maintenance installations Radio and television broadcasting stations_ cellular telephone antenna and line-of-sight relay devices Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council, provided that, in the development of such properties, safeguards are provided to preserve and protect the existing character of adjacent properties, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise Repair and sales for radio and television and other household appliances, except where such establishments exceed two thousand five hundred (2,500) square feet of floor area P X X X X P P X X C C P P P C C C P P P C C C P P P C C C P 37 1477 1478 1479 1480 1481 1482 1483 1484 1485 1486 1487 1488 1489 1490 1491 1492 1493 1494 1495 1496 1497 1498 1499 1500 1501 1502 1503 1504 1505 1506 1507 1508 1509 1510 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 1521 Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display or any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult bookstores shall be prohibited from locating within 500 feet of any apartment or residential district, single or multiple- family dwelling, church, park or school Satellite wagering facility Specialty shops Veterinary establishments and commercial kennels, provided that all animals shall be kept in sound-proofed, air conditioned buildings Wholesaling and distribution operations, provided that such operations do not involve the use of: (i) more than two thousand (2,000) square feet of floor area for storage of wares to be sold at whole sale or to be distributed, or (ii) any vehicle rated at more than one and one-half (1 1/2) ton capacity or (iii) a total of more than five (5) delivery vehicles X P P P P X X C C X c P P P P P P P P P X X P C X 1522 1523 1524 1525 1526 1527 1528 1529 1530 1531 (b) Accessory uses and structures: Uses and structures which are customarily accessory and clearly incidental and subordinate to the principal uses and structures, including, but not limited to: (1) An accessory activity operated for profit in a residential dwelling unit where there is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one (1) non- illuminated identification sign not more than one (1) 38 1532 1533 1534 1535 1536 1537 1538 1539 1540 1541 1542 1543 1544 1545 1546 1547 1548 1549 1550 1551 1552 1553 1554 1555 1556 1557 1558 1559 1560 1561 1562 1563 square foot in area mounted flat against the residence; where no traffic is generated, including traffic by commercial delivery vehicles, by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; where the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling unit is employed in the activity; where such activity is conducted only in the principle structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the activity is specifically designed or conducted to permit no more than one patron, customer, or pupil to be present on the premises at any one time. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, tourist homes, massage parlors, radio or television repair shops, auto repair shops, or similar establishments. Sec. ~00~. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the I-1 and I-2 Industrial Districts. Those uses and structures in the respective industrial districts shall be permitted as either principal uses indicted by a "P" or as conditional uses indicated by a "C". Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use Airports, heliports and helistops; I-1 I-2 P P 39 1564 1565 1566 1567 1568 1569 1570 1571 1572 1573 1574 1575 1576 1577 1578 1579 1580 1581 1582 1583 1584 1585 1586 1587 1588 1589 1590 1591 1592 1593 1594 1595 1596 1597 1598 1599 1600 1601 1602 1603 1604 1605 1606 1607 1608 1609 Automobile service stations, provided that where there is an adjoining residential or apartment district without an intervening street, alley or permanent open space over twenty-five (25) feet in width and where lots separated by the district boundary have adjacent front yards, a six (6) foot solid fence with Category VI screening shall separate the automobile service station use from the adjacent residential district and no ground sign shall be within fifty (50) feet of the residential or apartment district; Automotive rental, parts and supply stores; provided that no outside storage is included (excluding operative equipment); Automotive repair garages; Automobile service establishments dealing exclusively in service and minor repairs of the type provided at automobile service stations Bingo Halls; Borrow pits; Bulk storage yards and building contractor's yards; provided that no sale or processing of scrap, salvage, or secondhand material shall be permitted in such yards; and, provided further that additional requirements as listed in Section 228 are met. Business, medical, financial, nonprofit, professional and similar office buildings; Car wash facilities, provided that: (i) No water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties; (ii) A minimum of three (3) off-street parking spaces for automobiles shall be provided for each car wash space within the facility. Child care and child care education centers; Collection depots for recyclable materials; Commercial parking lots; Eating and drinking establishments, except as specified below; C P C P C C C P C P C P P P C C P P X P 40 1610 1611 1612 1613 1614 1615 1616 1617 1618 1619 1620 1621 1622 1623 1624 1625 1626 1627 1628 1629 1630 1631 1632 1633 1634 1635 1636 1637 1638 1639 1640 1641 1642 1643 1644 1645 1646 1647 1648 1649 1650 1651 1652 1653 1654 1655 1656 1657 1658 1659 1660 1661 1662 1663 1664 1665 1666 Eating and drinking establishments where all four of the following occur: 1. alcoholic beverages are served; 2. the establishment is located within 500 feet of a residential or apartment district; 3. the establishment operates at any time between 12:00 midnight and 2:00 a.m.; 4. the establishment excludes minors (persons under 18 years of age) during any part of the day, or provides entertainment audible from adjoining property. Establishments such as linen suppliers, freight movers, communication services and canteen services; Establishments which deliver merchandise in bulk by truck or van; Explosives manufacturing, storage and distribution; Facilities for construction, maintenance and repair of vessels Firewood Preparation Facility Heavy equipment sales and services; Hotels and motels; provided the following conditions are met: (i) Frontage shall be on a major or secondary street or highway; (ii) The minimum lot size shall be forty thousand (40,000) square feet and a minimum lot width of one hundred fifty (150) feet: (iii) Density regulations of the H-1 Hotel District shall apply; (iv) Accessory uses shall be limited to eating and drinking establishments, gift shops and travel agencies; (v) Parking requirements of at least one space per one (1) lodging unit shall be provided in addition to the requirements for an accessory use; (vi) Front yards shall have a minimum depth of thirty (30) feet and, except for necessary driveways, shall be maintained in landscaping and shall not be used for parking; (vii) Signs shall conform to the sign requirements applicable within H-1 Hotel District regulations. Manufacturing, processing, extracting, packaging or fabricating establishments; provided that the following uses shall not be allowed: (i) Explosive manufacturing, storage and distribution; (ii) Petroleum processing; (iii) Processing or outside storage of salvage, scrap or junk; Military installations; Mobile home sales; Motion picture studios; Petroleum processing; C P P X X C P C P X C P X C P P C P C P X P P X P C 41 1667 Piers wharves and docks; X P 1668 1669 1670 1671 1672 1673 1674 1675 1676 1677 1678 1679 1680 1681 1682 1683 1684 1685 1686 1687 1688 1689 1690 1691 1692 1693 1694 1695 1696 1697 1698 1699 1700 1701 1702 1703 1704 1705 1706 1707 1708 1709 1710 1711 1712 1713 1714 1715 1716 1717 Printing, lithographic or publishing establishments; P P Public buildings and grounds; P P Public schools, colleges and universities, and private schools, colleges and universities having similar academic curriculums; C X Public utilities installations and substations including offices; provided storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations, other than individual transformers, shall be surrounded by Category VI screening, solid except for entrances and exits and provided also, transformer vaults for underground utilities and the like shall require only Category I screening, solid except for access opening; P P Public utility transformer stations and major transmission lines and towers (fifty thousand (50,000) volts or more); C C Radio or television transmission~ cellular telephone antenna and relay stations; C C Recreational facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise; C X Recreational facilities other than those of an outdoor nature; P P Repair establishments; provided that no outside storage is included (excluding mobile operative equipment); P P Satellite wagering facility; C C Ship supply establishments and facilities; X P Storage or processing of salvage, scrap or junk; X C Terminals for freight or passengers arriving or departing by ship X P Vocational, technical, industrial and trade schools; P P Wholesale and retail establishments dealing primarily in bulk materials delivered by ship, or by ship and railroad or ship and truck in combination; X P Wholesaling, warehousing, storage or distribution establishments; P P (b) Accessory uses and structures: Uses and structures which are customarily accessory and clearly incidental and subordinate to 42 1718 1719 1720 1721 1722 1723 principal uses and structures, including, but not limited to, retail establishments, dwelling or lodging units for occupancy by owners, guards or caretakers; provided that such dwelling or lodging units shall be located above or behind principal uses in such a way that they do not interrupt commercial or industrial frontage. 1724 1725 1726 1727 1728 1729 1730 1731 1732 1733 1734 1735 1736 1737 1738 1739 1740 1741 1742 1743 1744 1745 1746 1747 1748 1749 1750 1751 1752 Sec. 1005. Sign regulations. In the I-1 and I-2 Industrial Districts, signs shall be permitted as follows: (a) For each forty (40) feet of frontage and for each eighty (80) feet of lot line adjoining a street, but not constituting frontage, not more than ~.v ~, one (1) sign~ and not more than~~^~" ~vv,'°~ sixty (60) square feet of surface area of signage shall be permitted; provided, however, that no establishment shall have more than ~ .... '~ three (3) signs of which one (1) may be a freestanding sign; and provided further, that no establishment having a frontage less than of one hundred (100) feet or less shall have a freestanding sign. No establishment having frontage at least one hundred (100) feet but less than or equal to two hundred (200) feet shall have a freestanding sign exceeding thirty-two (32) square feet of surface area per face, and no establishment having a frontage of more than two hundred (200) feet shall have a freestanding sign exceeding seventy-five (75) square feet of surface area per face. No freestanding sign shall exceed two (2) faces, and no sign of any other type shall exceed one hundred fifty (150) square feet of surface area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding ~'~' '~ forty (40) square feet (b) Where there is an established industrial park containing three (3) or more establishments and a minimum of ten (10) acres of land area, one (1) park identification sign 43 1753 1754 1755 1756 1757 1758 1759 1760 1761 1762 1763 1764 1765 1766 1767 1768 1769 1770 1771 1772 1773 1774 1775 1776 1777 1778 1779 1780 1781 1782 1783 1784 1785 1786 1787 (c) (d) (e) for each principal entrance or frontage not exceeding two (2) faces, neither of which shall exceed one hundred fifty (150) square feet of surface area. Where there is a major established industrial park containing three (3) or more establishments and a minimum of thirty (30) acres of land area, one (1) park identification sign not exceeding two (2) faces, neither of which shall exceed two hundred (200) square feet. Such identification sign shall specify only the name and address of the park, and the names of individual tenants occupying such parks. Beacon lights or search lights may be permitted for advertising purposes for special events. Signs advertising property for sale, lease or rent, provided that no such sign shall exceed thirty-two (32) square feet in area, that not more than two (2) such signs shall be erected for each one hundred (100) feet of lot line at the street right-of-way, and that not more than four (4) such signs shall be erected on any property. Any property having less frontage or lot line adjoining a street may have one (1) sign not exceeding thirty-two (32) square feet of surface area. To facilitate occupancy in new industrial parks, a temporary sign may be erected at each principal entrance to facilitate occupancy. In an industrial park containing a minimum of ten (10) acres of land area, one (1) sign at each principal entrance may be erected not to exceed two (2) faces, neither of which shall exceed one hundred fifty (150) square feet of surface area. In a new major industrial park containing a minimum of thirty (30) acres of land area, one (1) sign at each principal entrance may be erected not to exceed two (2) faces, neither of which shall exceed two hundred (200) square feet. Signs must be removed when seventy (70) percent of the property is occupied or leased, or after a period of twenty-four (24) months, whichever comes first. 44 1788 1789 1790 1791 1792 1793 1794 1795 1796 1797 1798 1799 1800 1801 1802 1803 1804 1805 1806 1807 1808 1809 1810 1811 1812 1813 1814 1815 1816 1817 1818 1819 1820 1821 1822 Sec. 1401. Definitions. For the purposes of this ordinance: (a) Commission means the Virginia Marine Resources Commission. (b) Commissioner means the Commissioner of Marine Resources. (c) Person means any corporation, association, partnership, individual, company, business, trust, joint venture or other legal entity or any unit of government or agency thereof. (d) Governmental activity means any or all of the services provided by the City of Virginia Beach to its citizens for the purpose of maintaining this city, and shall include, but not be limited to, such services as constructing, repairing and maintaining roads, providing sewage facilities, supplying and treating water, providing street lights, and constructing public buildings. (e) Vegetated wetlands means lands lying between and contiguous to mean low water and an elevation above mean low water equal to the factor one and one-half (~%) times the mean tide range at the site of the proposed project in the City of Virginia Beach; and upon which is growing any one or more of the following species: saltmarsh cordgrass (Spartina alterniflora), saltmeadow hay (Spartina patens), saltgrass (Distichlis spicata), black needlerush (Juncus roemerianus), saltwort (Salicornia spp.), sea lavender (Limonium spp.), marsh elder (Iva frutescens), groundsel bush (Baccharis halimifolia), wax myrtle (Myrica sp.), sea oxeye (Borrichia frutescens), arrow arum (Peltandra virginica), pickerelweed (Pontederia cordata), big cordgrass ($partina cynosuroides), rice cutgrass (Leersia oryzoides), wildrice (Zizania aquatica), bulrush ($cirpus validus), spikerush (Eleocharis sp.), sea rocket (Cakile edentula), southern wildrice (Zizaniopsis miliacea), cattail (Typha spp.), three-square (Scirpus spp.), buttonbush (Cephalanthus occidentalis), bald cypress (Taxodium distichum), black gum (Nyssa sylvatica), tupelo (Nyssa aquatica), dock (Rumex spp.), yellow pond lily (Nuphar sp.), marsh fleabane (Pluchea purpurascens), royal fern (Osmunda regalis), marsh 45 1823 1824 1825 1826 1827 1828 1829 1830 1831 1832 1833 1834 1835 1836 1837 1838 1839 1840 1841 1842 1843 1844 1845 1846 1847 1848 1849 1850 1851 1852 1853 1854 1855 1856 hibiscus (Hibiscus moscheutos), beggar's tick (Bidens sp.), smartweed (Polygonum sp.), arrowhead (Sagittaria spp.), sweet flag (Acorus calamus), water hemp (Amaranthus cannabinus), reed grass (Phragmites communis) and switch grass (Panicum virgatum). (f) Vegetated wetlands of Back Bay and its tributaries or vegetated wetlands of the North Landing River and its tributaries shall mean all marshes subject to flooding by normal and wind tides, but not hurricane or tropical storm tides, and upon which is growing any of the following species: saltmarsh cordgrass (Spartina alterniflora), saltmeadow hay ($partina patens), black needlerush (Juncus roemerianus), marsh elder (Iva frutescens), groundsel bush (Baccharis halimi£olia), wax myrtle (Myrica sp.), arrow arum (Peltandra virginica), pickerelweed (Pontederia cordata), big cordgrass (Spartina cynosuroides), rice cutgrass (Leersia oryzoides), wildrice (Zizania aquatica), bulrush (Scirpus validus), spikerush (Eleocharis sp.), cattail (Typha spp.), three-square (Scirpus spp.), dock (Rumex sp.), smartweed (Polygonum sp.), yellow pond lily (Nuphar sp.), royal fern (Osmunda regalis), marsh hibiscus (Hibiscus moscheutos), beggar's tick (Bidens sp.), arrowhead (Sagittaria sp.), water hemp (Amaranthus cannabinus), reed grass (Phragmites communis) and switch grass (Panicum virgatum). (g) Wetlands Board or Board means the Wetlands Board of the City of Virginia Beach. (h) Back Bay and its tributaries means the following, as shown on the U.S. Geological Survey Quadrangle Sheets for Virginia Beach, North Bay, and Knotts Island: Back Bay north of the Virginia-North Carolina State line; Capsies Creek north of the Virginia-North Carolina State line; Deal Creek; Devil Creek; Nawney Creek; Redhead Bay, Sand Bay, Shipps Bay, North Bay, and the waters connecting them; Beggars Bridge Creek; Muddy Creek; Ashville Bridge Creek; Hells Point Creek; Black Gut; and all coves, ponds and natural waterways adjacent to or connecting with the above-named bodies of water. 46 1857 1858 1859 1860 1861 1862 1863 1864 1865 1866 1867 1868 1869 1870 1871 1872 1873 1874 1875 1876 1877 1878 1879 1880 1881 1882 1883 1884 1885 1886 1887 1888 1889 1890 (i) North Landing River and its tributaries means the following, as shown on United States Geological Survey Quadrangle Sheets for Pleasant Ridge, Creeds, and Fentress: the North Landing River from the Virginia-North Carolina line to Virginia Highway 165 at North Landing Bridge; the Chesapeake and Albemarle Canal from Virginia Highway 165 at North Landing Bridge to the locks at Great Bridge; all named and unnamed streams, creeks and rivers flowing into the North Landing River and the Chesapeake and Albemarle Canal except the following: West Neck Creek north of Indian River Road; Pocaty River west of Blackwater Road; Blackwater Creek west of its forks located at a point approximately six thousand four hundred 6400 feet due west of the point where the Blackwater Road crosses the Blackwater Creek at the village of Blackwater; and Mill Dam Creek west of Blackwater Road. (j) Nonvegetated wetlands means unvegetated lands lying contiguous to mean low water and between mean low water and mean high water, including those unvegetated areas of Back Bay and its tributaries and the North Landing River and its tributaries subject to flooding by normal and wind tides but not hurricane or tropical storm tides. (k) Wetlands means both vegetated and nonvegetated wetlands. (1) Ordinance means the Wetlands Zoning Ordinance. Sec. 1511. Use regulations. (a) Principal Uses and structures: For parcels less than 14,000 square feet in size, any one of the following is allowed: (1) Auditoriums and assembly halls; (2) (3) (4) (5) (6) Boat sales; Business studios, offices, clinics and laboratories; Bicycle rental establishments; Child care and child care education centers; Commercial parking lots, parking garages storage garages; medical and 47 1891 1892 1893 1894 1895 1896 1897 1898 1899 1900 1901 1902 1903 1904 1905 1906 1907 1908 1909 1910 1911 1912 1913 1914 1915 1916 1917 1918 1919 1920 1921 1922 1923 1924 1925 (7) (8) (9) (10) Funeral homes; (11) Museums and art galleries; (12) Off-site parking facilities, provisions of section 1505 are met; Commercial recreation facilities other than those of an outdoor nature; Eating and drinking establishments, except as specified in subsection (c) (6); Financial institutions; provided the (13) Personal service establishments, including barber and beauty shops, shoe repair shops, cleaning, dyeing, laundry, pressing, dressmaking, tailoring and garment repair shops with processing on the premises; (14) Private clubs, lodges, social centers, eleemosynary establishments and athletic clubs; (15) Public buildings and grounds; (16) Public utilities installations and substations including offices; provided storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations, other than individual transformers, shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screening hedge five (5) to six (6) feet in height; and provided also, transformer vaults for underground utilities and the like shall require only a landscaped screening hedge, solid except for access opening; (17) Retail establishments, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or 48 1926 1927 1928 1929 1930 1931 1932 1933 1934 1935 1936 1937 1938 1939 1940 1941 1942 1943 1944 1945 1946 1947 1948 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 automobile parts shall not be allowed, further provided that adult bookstores shall be prohibited from locating within 500 feet of any apartment or residential district, single or multiple-family dwelling, church, park or school. For parcels greater than 14,000 square feet, any one of the following additional uses is allowed: (18) Multi-family dwellings; (19) Motels and Hotels which may have in conjunction with them any combination of restaurants, retail commercial use and convention facilities, provided that uses in conjunction with hotels and motels may not occupy more than 10% of the floor area of all structures (excluding parking) located on the lot. For parcels greater than 40,000 square feet, any of the above permitted uses may be used in combination on the same zoning lot with other permitted uses. (b) Accessory uses and structures: Uses and structures which are customarily accessory and clearly incidental and subordinate to the principal uses and structures: (1) An accessory activity operated for profit in a residential dwelling unit where there is no changed in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one non-illuminated identification sign not more than one square foot in area mounted flat against the residence; where no traffic is generated, including traffic by commercial delivery vehicles, by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; where the activity is conducted on the 49 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling unit is employed in the activity; where such activity is conducted only in the principle structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the activity is specifically designed or conducted to permit no more than one patron, customer, or pupil to be present on the premises at any one time. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, tourist homes, massage parlors, radio or television repair shops, auto repair shops, or similar establishments. (c) Conditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions of part C of article 2 hereof: (1) Automobile and small engine repair establishments, provided that all repair work shall be performed within a building; (2) Automobile service stations; provided that, where there is an adjoining residential or apartment district without an intervening street, alley or permanent open space over twenty-five (25) feet in width and where lots separated by a district boundary have adjacent front yards, a six (6) foot solid fence shall separate the automobile service station use from the adjacent residential district and no ground sign shall be within fifty (50) feet of the residential or apartment district; 50 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 (3) Car wash facilities, provided that: (i) no water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties; (ii) a minimum of three (3) off-street parking spaces for automobiles shall be provided for each car wash space within the facility. (4) Churches; (5) Dormitories for marine pilots; (6) Eating and drinking establishments where all four of the following occur: (i) alcoholic beverages are served; (ii) the establishment is located within 500 feet of a residential or apartment district; (iii)the establishment operates at any time between 12:00 midnight and 2:00 a.m.; (iv) the establishment excludes minors (persons under 18 years of age) during any part of the day, or provides entertainment, audible from adjoining property. (7) Heliports and helistops; (8) Homes for the aged, disabled or handicapped, including convalescent or nursing homes; maternity homes; child care centers, other than those covered under permitted principal uses and structures hereinabove, when not operated by a public agency; (9) Home occupations; (10) Hospitals and sanitariums; (11) Marinas, including facilities for storage and repair of boats and sale of boating supplies and fuel; (12) Mini-warehouses, provided that the yard shall be completely enclosed except for necessary openings 51 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 for ingress and egress by a fence or wall not less than six (6) feet in height; (13) Motor vehicle sales and rental, provided the minimum lot size is twenty thousand (20,000) square feet; (14) Passenger transportation terminals; (15) Public utility storage or maintenance installations; (16) Radio and television broadcasting stations~ cellular telephone antenna and line-of-sight relay devices; (17) Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council, provided that, in the development of such properties, safeguards are provided to preserve and protect the existing character of adjacent properties, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise; (18) Satellite Wagering Facility. Sec. 1521. Use regulations. (a) Principal Uses and structures: For parcels less than twenty thousand (20,000) square feet in size, any one (1) of the following is allowed: (1) Auditoriums and assembly halls; (2) Boat sales; (3) Business studios, offices, clinics and medical laboratories; (4) Bicycle rental establishments; (5) Child care and child care education centers; (6) Commercial parking lots, parking garages and storage garages; (7) Commercial recreation facilities other than those of an outdoor nature; 52 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 (8) Dwellings, additions to single family, duplex, semi-attached, and attached. (~)(9) Eating and drinking establishments, except as specified in subsection (c) (6); (7)(10) Financial institutions; ~v, (11) Funeral homes; ~, (12) Museums and art galleries; (~' provided the ~, (13) Off-site parking facilities, provisions of section 1505 are met; ~, (14) Personal service establishments, including barber and beauty shops, shoe repair shops, cleaning, dyeing, laundry, pressing, dressmaking, tailoring and garment repair shops with processing on the premises; ~4+(15) Private clubs, lodges, social centers, eleemosynary establishments and athletic clubs; (15)(16) Public buildings and grounds; ~,(17) Public utilities installations and substations including offices; provided storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations, other than individual transformers, shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screening hedge five (5) to six (6) feet in height; and provided also, transformer vaults for underground utilities and the like shall require only a landscaped screening hedge, solid except for access opening; ~,) ~18) Retail establishments, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or 53 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 automobile parts shall not be allowed, further provided that adult bookstores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single or multiple-family dwelling, church, park or school. For parcels greater than twenty thousand (20,000) square feet, any of the following additional uses are allowed and may be used in combination with any of the permitted uses listed above: ~.~,(19) Multi-family dwellings when developed in conjunction on the same parcel with other allowed uses where the floor area of the multi-family dwellings do not exceed 70% of the total floor area of the entire project; ~J, (20) Motels and Hotels which may have in conjunction with them any combination of restaurants, retail commercial use and convention facilities, provided that uses in conjunction with hotels and motels may not occupy more than 10% of the floor area of all structures (excluding parking) located on the lot. (b) Accessory uses and structures: Uses and structures which are customarily accessory and clearly incidental and subordinate to the principal uses and structures: (1) An accessory activity operated for profit in a residential dwelling unit where there is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one (1) non-illuminated identification sign not more than one (1) square foot in area mounted flat against the residence; where no traffic is generated, including traffic by commercial delivery vehicles, by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking 54 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 generated by the conduct of such activity is met off the street and other than in a required front yard; where the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling unit is employed in the activity; where such activity is conducted only in the principle structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the activity is specifically designed or conducted to permit no more than one (1) patron, customer, or pupil to be present on the premises at any one time. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, tourist homes, massage parlors, radio or television repair shops, auto repair shops, or similar establishments. (c) Conditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions of part C of article 2 hereof: (1) Automobile and small engine repair establishments, provided that all repair work shall be performed within a building; (2) Automobile service stations; provided that, where there is an adjoining residential or apartment district without an intervening street, alley or permanent open space over twenty-five (25) feet in width and where lots separated by a district boundary have adjacent front yards, a six (6) foot solid fence shall separate the automobile service station use from the adjacent residential district and no ground sign shall be within fifty (50) feet of the residential or apartment district; (3)Car wash facilities, provided that: 55 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 (i) No water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties; (ii) A minimum of three (3) off-street parking spaces for automobiles shall be provided for each car wash space within the facility. (4) Churches; (5) Dormitories for marine pilots; (6) Eating and drinking establishments where all four of the following occur: (i) Alcoholic beverages are served; (ii) The establishment is located within five hundred (500) feet of a residential or apartment district; (iii) The establishment operates at any time between 12:00 midnight and 2:00 a.m.; (iv) The establishment excludes minors (persons under eighteen (18) years of age) during any part of the day, or provides entertainment, audible from adjoining property. (7) Heliports and helistops; (8) Homes for the aged, disabled or handicapped, including convalescent or nursing homes; maternity homes; child care centers, other than those covered under permitted principal uses and structures hereinabove, when not operated by a public agency; (9) Home occupations; (10) Hospitals and sanitariums; (11) Marinas, including facilities for storage and repair of boats and sale of boating supplies and fuel; (12) Mini-warehouses, provided that the yard shall be completely enclosed except for necessary openings 56 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2214 2215 2216 2217 2218 2219 2220 2221 2222 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 for ingress and egress by a fence or wall not less than six (6) feet in height; (13) Motor vehicle sales and rental, provided the minimum lot size is twenty thousand (20,000) square feet; (14) Passenger transportation terminals; (15) Public utility storage or maintenance installations; (16) Radio and television broadcasting stations~ cellular telephone antenna and line-of-sight relay devices; (17) Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council, provided that, in the development of such properties, safeguards are provided to preserve and protect the existing character of adjacent properties, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise; (18) Satellite wagering facility. Sec. 1522. Dimensional requirements. (a) The following chart lists the requirements within the RT- 3 Resort Tourist Districts for minimum lot area, width, and yard spacing for all commercial uses and structures. (1) Minimum lot area: Five thousand (5,000) square feet. (2) Minimum lot width: Fifty (50) feet. (3) Minimum setback for any yard adjacent to a north- south street: Ten (10) feet. (4) Minimum side yard: Zero (0) feet. (5) Minimum rear yard setback: Zero (0) feet. (b) The following chart lists the requirements within the RT- 3 Resort Tourist Districts for minimum lot area, width, and yard spacing for lodging uses and structures. 57 2235 2236 2237 2238 2239 2240 2241 2242 2243 2244 2245 2246 2247 2248 2249 2250 2251 2252 2253 2254 2255 2256 2257 (1) Minimum lot area: Twenty thousand (20,000) square feet. (2) Minimum lot width: Seventy (70) feet. (3) Minimum setback for any yard adjacent to a north- south street: Ten (10) feet. (4) Minimum setback for any yard adjacent to a street other than a north-south street: Thirty-five (35) feet. (5) Minimum side yard setback: Twenty (20) feet. (6) Minimum rear yard setback: Twenty (20) feet. (c) The following chart lists the requirements within the RT- 3 Resort Tourist District for minimum lot area, width, and yard spacing for multiple-family dwellings. (1) Minimum lot area: Twenty thousand (20,000) feet. (2) Minimum lot width: Two hundred (200) feet. (3) Minimum setback for any yard adjacent to a north- south street: Ten (10) feet. (4) Minimum setback for any yard adjacent to a street other than a north-south street: Thirty (30) feet. (5) Minimum side yard setback: Eight (8) feet. (6) Minimum rear yard setback: Ten (10) feet. (d) The followinq chart lists the requirements within the RT- 3 Resort Tourist District for setbacks and lot coverage for 2258 2259 2260 2261 2262 2263 2264 2265 2266 2267 2268 2269 additions to existinq single-family, dwellings: duplex and semidetached (1) Minimum front yard setback: Thirty (30) feet. (2) Minimum side yard setback except when adjacent to a street: Eight (8) feet. (3) Minimum side yard setback when adjacent to a street: Thirty (30) feet. (4) Minimum rear yard setback except for accessory structures: Twenty (20) feet. (5) Minimum rear yard setback for accessory structures: Ten (10) feet. (6) Maximum lot coveraqe: Thirty-five (35) percent. 58 2270 2271 (e) The following chart lists the requirements within the RT- 3 Resort Tourist District for setbacks and lot coverage for 2272 2273 2274 2275 2276 2277 2278 2279 2280 2281 2282 2283 2284 2285 2286 2287 2288 2289 2290 2291 2292 2293 2294 2295 2296 2297 2298 2299 2300 2301 2302 2303 2304 additions to existing attached dwellings: (1) Minimum front yard setback: Thirty (30) feet. (2) Minimum front yard where all parking is provided in the rear: Fifteen (15) feet. (3) Minimum side yard exterior lots when not adjacent to a street: Ten (10) feet. (4) Minimum rear yard except for accessory structures: Twenty (20) feet. (5) Minimum rear yard setback for accessory structures: Five (5) feet. (6)Maximum lot coverage: Forty (40) percent. ~, (f) Maximum height: (1) Where a zoning lot within the RT-3 Resort Tourist District adjoins the side or rear yard of a zoning lot in a residential or apartment district without an intervening street or alley over twenty-five (25) feet in width or body of water over fifty (50) feet in width, the following maximum height regulations shall apply on that portion of the RT-3 zoning lot within one hundred (100) feet of the adjoining residential or apartment district. In cases where more than one of the following apply, the most restrictive shall apply. (i) When adjacent to Residential Districts, the maximum height shall be thirty-five (35) feet. (ii) When adjacent to A-12 or A-18 Apartment Districts, the maximum height shall be thirty- five (35) feet. (iii) When adjacent to A-24 Apartment District, the maximum height shall be forty-five (45) feet. (iv) When adjacent to A-36 Apartment District, the maximum height shall be one hundred and twenty (120) feet. 59 2305 2306 2307 2308 2309 2310 2311 2312 2313 (2) The maximum height for hotels and motels within the RT-3 Resort Tourist District is seventy-five (75) feet. (3) Except as specified in items (1) and (2) hereinabove, there shall be no maximum height regulations in the RT-3 Resort Tourist District. (4) Notwithstanding the above, no building or other structure shall exceed the height limit established by section 202(b) regarding air navigation. 2314 2315 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of June , 1994. 2316 2317 2318 2319 CA-5217 \ORDIN\PROPOSED\45-201ES.PRO R-4 JUNE 14, 1994 60 AN ORDINANCE TO AMEND AND REORDAIN SECTION 1501 OF THE CITY ZONING ORDINANCE PERTAINING TO USE REGULATIONS IN THE RT-1 RESORT TOURIST DISTRICT 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 1501 of the City Zoning Ordinance is hereby 9 amended and reordained to read as follows: 10 Section 1501. Use regulations. 11 (a) Principal ~Uses and structures: 12 (1) Hotels and motels, which may have in conjunction with 13 them any combination of restaurants, outdoor cafes, 14 retail commercial use and convention facilities, provided 15 that uses in conjunction with hotels and motels may not 16 occupy more than ten (10) percent of the floor area of 17 all structures (excluding parking) located on the lot, 18 subject to the following: 19 (i) The structure enclosing the uses permitted in 20 conjunction with hotels and motels shall be fully 21 enclosed at all times by solid exterior walls and 22 roof with no exterior opening, other than passage- 23 way doors as may be required by the Virginia 24 Uniform Statewide Building Code; 25 . (ii) Such enclosed structure shall be~located entirely 26 within the same structure enclosing the principal 27 use;and 28 (iii) No entrance or exit to a use permitted in conjunc- 29 tion with hotels and motels shall be located on the 30 side of the structure facing the boardwalk, unless 31 such entrance or exit provides access to a 32 courtyard or intervening open area, in which case 33 such open area shall be fully fenced or walled to a 34 height of at least four (4) feet and without any 54 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 (2) (3) (4) entrances or exits facing the boardwalk. The only exceptions to this condition apply to~ boardwalk cafes as permitted by special regulations esta- blished in franchise agreements approved by City Council. (iv) Parking structures shall be 'permitted in conjunction with hotels and mo~els provided that ground level parking fronting Atlantic Avenue, the boardwalk, or any public park or open space is prohibited except for necessary access drives and ramps. Public buildings and grounds; Public utilities installations and substations including offices; provided storage or maintenance facilities shall not be permitted; and provided, further, that utiiities substations, other than individual transformers, shall be surrounded by a wall, solid except for entrances and ex~ts, or by a fence with a screening hedge five (5) to six (6) feet in height; and provided also, transformer vaults for underground utilities and the like shall require only a landscaped screening hedge, solid except for access opening.' Bicycle rental establishments in conjunction with hotels and motels, subject to the following: (i) Such establishments shall "be no less than two hundred (200) feet in area and shall have minimum dimensions of ten (10) feet by twenty (20) feet; (ii) The area upon which bicycles are displayed shall be paved and the perimeter thereof delineated by 8" x 8" timber curbing, except at the point of ingress and egress; (iii) No more than twenty (20) bicycles shall be stored or displayed in the rental area at any one time, repairs shall not be conducted in the rental area, 55 69 7O 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 90 92 93 94 95 96 97 98 99 .100 101 and no rental activity shall be conducted on public property; (iv) No more than one (1) sign identifying any such establishment shall be permitted, and no Such sign shall exceed four (4) square feet per face in surface area, be illuminated, or encroach into any portion of the public right-of-way; and (v) Points of ingress and egress of any such establishment located adjacent to public property shall be directly connected to the boardwalk bicycle path by means of an existing sidewalk, street or connector park. C5) Museums operated by nonprofit orqanizations. (b) Conditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions of Part C of article 2 hereof: (1) Commercial parking lots and parking garages. (2) Heliports and helistops. (3) Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city Council, provided that, in the development of such properties, safeguards are provided to preserve and prote~t the existing character of adjacent properties, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise. (4) Satellite Wagering Facility. Adopted by the Council of the City of Virginia Beach, Virginia on the iA th day of ~, 1994. CA-5605 Ri ORDIN~DATA~PROPOSED~45-1501.ORD MAY 26, 1994 56 Item III-IC PUBLIC HEARING ITEM # 381O3 PLANNING Upon motion by Councilman Jones, seconded by Councilman Moss, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 6.3 of the Subdivision Ordinance of the City of Virginia Beach, Virginia, re final plats and Voting: 9-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert IC Dean, Louis R~ Jones, Paul J. Lanteigne, John D. Moss, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Mayor Meyera E. Oberndorf June 14, 1994 1 2 3 4 5 6 AN ORDINANCE TO AMEND AND REORDAIN SECTION 6.3 OF THE SUBDIVISION ORDINANCE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO REQUIRED INFORMATION ON FINAL SUBDIVISION PLATS 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 6.3 of the Subdivision Ordinance of the City of 10 Virginia Beach, Virginia, is hereby amended and reordained to read 11 as follows: 12 Section 6.3. Final plats and data. 13 The final subdivision plat shall be prepared by a certified 14 civil engineer or land surveyor in ink on an approved durable 15 tracing medium at a scale of 1" = 100' unless a different scale is 16 approved by general rule for classes of cases or by the planning 17 director in a particular case. All original tracings, shall be 18 presented between the following sizes: 8%" x 11" and 18" x 24". 19 Lettering shall be no less than one-tenth inch or 2.54 mm. in 20 height. Lettering and line weight shall be no less than ~ .013 21 inches or .3302 _mM. Letter and line spacing for control pencil 22 drawings shall be no less than .050 inches and for ink drawings no 23 less than .040 inches. When more than one sheet is required, all 24 shee~S ShaI1 .... ' "~ · be' numbered and of the same size, with match marks to 25 -guide--preparation if composite maps, and an index map on a sheet of 26 the same size as the sectional maps shall be filed, which shall 27 show, among 'other things, sectional map numbers, all lot and block 28 numbers, an'dJ~t~t names. In addition, a small scale location map 29 showing the property shall be required. The final plat shall show 30 the f~liowi~g data, and shall be completed and processed as 31 32 33 indicated: (a) Subdivision name, date plat was prepared, graphic scale and north arrow. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 (b) A certificate endorsed by a certified civil engineer or land surveyor indicating source of title of the owner of the land subdivided and place of record of the last instrument in the chain of title. When the plat is of land acquired from more than one source, outlines of the several tracts shall be indicated on the plat. The certificate shall further state that the subdivision is entirely within lands owned by the subdivider and that monuments Shown on the plat have been put in place and that their location and character are correctly shown. (c) Protective covenants in form for recording. (d) Each plat or deed of dedication to which the plat is attached shall contain a statement as follows: "The platting or dedication of the following described land (here insert correct description of the land subdivided) is with the free consent and in accordance with the desire of the undersigned (indicate owners, proprietors and trustees, if any)..." This statement shall be signed by such persons and acknowledged before an officer authorized to take acknowledgement of deeds. When thus executed and acknowledged, such plat, upon final approval and in accord with other provisions specified herein, shall be filed and recorded in the office of the clerk of the circuit court of the city. (e) On the face of the plat, a place shall be prepared to receive the signature, with date, of the planning director and other affected agencies, which signature, when affixed, shall indicate approval of the final plat. A place shall also be prepared to receive the signature and seal for the clerk of the circuit court of the city. All required signatures shall be in a durable ink. (f) All linear and angular dimensions for locating boundaries of the subdivisions, lots, streets, alleys, public and private easements. Linear dimensions shall be expressed in feet and hundredths of a foot. Angular measurements 2 69 70 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 96 97 98 99 100 101 102 (g) (h) (±) ¢4) (k) shall be expressed by bearings. Ail curve data shall be expressed by a curve table on the face of the plat, each curve being tabulated and numbered to correspond with the respective numbered curves shown throughout the plat. Dimensions, both linear and angular, shall be determined by an accurate control survey in the field which shall be checked for closure and must balance and close within 1 to 10,000. Horizontal control shall be based on the Virginia Coordinate Grid System in a coordinate table located on the face of the plat. No plat showing plus or minus distance will be approved. Plan and profile sheets shall be provided on all new streets and underground utilities, as required by specifications of the department of public works or department of public utilities, as approved by the council of the City of Virginia Beach. The director of public works or director of public utilities may require such office and field checks, respectively, as necessary to assure the accuracy of the plat. . Description and location of all monuments. The boundary of the property being subdivided, names of all proposed streets, and boundaries of all property within the subdivision intended to be dedicated to public use. In resubdivisions of existing recorded lots, existing lot lines shall be shown by dotted lines, resubdivisions by full lines. The map book and page number of property being resubdivided shall be specified. Exact lengths and bearings of boundary lines of blocks, public grounds, streets, alleys and existing locations of all easements. Exact widths of all easements, streets and alleys. Angles of departure of adjoining property,s-street and alley lines, with -names of abutting recorded subdivisions. Unsubdivided abutting.acreage property 3 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 shall be designated by the names of owners with deed book reference. (1) Widths and names of abutting or adjoining roads, streets and alleys. (m) A definite bearing and distance tie shall be shown between not less than two (2) permanent boundaries on the exterior boundary of the subdivision, and to existing street intersections where possible and reasonably convenient. (n) Exact length and bearing of all lot lines, provided that where lines in any rectangular tier of lots are parallel, it shall be sufficient to mark the bearings for the outer lines thereof. (o) Designating symbols for all lots and blocks. If the finished plat consists of one section of a proposed larger subdivision, then the block numbers shall run consecutively throughout the several sections of the entire subdivision and each section shall be designated by letter or number. All lots in each block shall be consecutively lettered or numbered. (p) . All plats of property abutting on or containing any natural or artificial bodies of water shall show the approximate high water lines, bulkhead and pierhead lines, if officially established, top to bank and toe of slope, and where such lines are intersected by lot or block lines, measurements locating such intersections shall be given along such lot or block lines. (q) When any subdivision plat or map is presented for recordation, in addition to the requirements now in effect, there shall be added the name of the borough in which said property is located and the source of title of the immediate grantor. (r) Each final plat in any agricultural district shall contain a statement as follows: "THIS SUBDIVISION IS LOCATED IN ANAGRICULTURAL DISTRICT ANDMAY BE SUBJECT TO 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 NOISE, DUST, ODOR, CHEMICAL SPRAYING, AND THE LIKE AS THE RESULT OF THE RAISING OF CROPS AND LIVESTOCK ON NEARBY PROPERTY." (s) The tax map reference number or geographic parcel identification number (GPIN #) for each lot and/or parcel being created or referenced by the plat. (t) Where Chesapeake Bay Preservation Areas lie within a subdivision, the following materials shall also be required, unless waived as unnecessary by the planning director or previously submitted in conjunction with preliminary subdivision review: (1) A survey of environmental features; (2) A landscape plan; (3) A stormwater management plan; (4) An erosion and sediment control plan; and (5) A water quality impact assessment, if required by Section 109 110 of the Chesapeake Bay Preservation Area Ordinance [Appendix FI. The materials set forth in (1) through (5) hereinabove shall contain all of the information required by section 110 of the Chesapeake Bay Preservation Area Ordinance [Appendix F]. (u) Every final plat of a subdivision containing any land located in a Chesapeake Bay Preservation Area shall state as follows: "ALL OR A PORTION OF THIS SUBDIVISION IS LOCATED IN A CHESAPEAKE BAY PRESERVATION AREA AND IS SUBJECT TO THE PROVISIONS OF THE CHESAPEAKE BAY PRESERVATION.AREA ORDINANCE". (v) Every final.plat of a subdivision containing any land located in a Chesapeake Bay Preservation Area shall delineate the boundaries of all resource protection ~ ~ ~ dcvclcp~d areas, resource management areas, .......... z ~ and reserve sewage disposal drainfield sites as required by section 108 of the Chesapeake Bay Preservation Area Ordinance [Appendix F]. 5 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 (w) (x} The Equivalent Residential Unit (ERU) calculations for existing horizontal impervious area for each proposed lot or parcel, rounded to the nearest tenth (0.1), must be provided. Where individual lots created by a final subdivision plat are not eliqible for connection to the public water supply system by reason of the provisions of Ordinance No. 92-2112 C, declarinq an emerqency arisinq out of a shortaqe of public water supplies, or any amendment thereto, such Dlat shall state as follows: "THE LOTS CREATED BY THIS SUBDIVISION ARE NOT ELIGIBLE FOR CONNECTION TO THE PUBLIC WATER SUPPLY SYSTEM BY REASON OF THE WATER SUPPLY EMERGENCY DECLARED BY THE CITY COUNCIL ON FEBRUARY 11, 1992 (ORDINANCE NO. 92-2112 C, AS AMENDED). CONSTRUCTION UPON ANY SUCH LOT SHALL NOT BE PERMITTED FOR THE DURATION OF THE WATER SUPPLY EMERGENCY UNLESS SUCH LOT IS SERVED BY A POTABLE WATER SUPPLY APPROVED BY THE DEPARTMENT OF HEALTH." 191 192 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of June , 1994. 193 194 195 196 CA-5259 ordin\proposed\47-0063, ord R-3 November 1, 1993 APPRO\'E~ AS 70 LEGAL / CIT~ ATTORNE'~ 6 Item III-IC 1,tn, PUBLIC HEARING ITEM # 38104 PLANNING Upon motion by Council Lady Parker, seconded by Councilman Moss, City council ADOPTED, as amended: Ordinance to AMEND and REORDAIN Appendix F, Sections 106, 108, 110, 113 and 114 of the Chesapeake Bay Preservation Area Ordinance of the City of Virginia Beach, Virginia, re minor projects, performance standards, plan of development process, variances and appeals. *The following verbiage shall be added on lines 988, 989, and 990, after the verbiage "...No variance shall be granted under this subsection unless the City Manager makes all findings required in subsection G. herein ". "The Ci~_ Manager shall record both the request and his administrative decision in a public access file to be maintained for one (l) calendar year., Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert IC Dean, Louis R, Jones, Paul J. Lanteigne, John D. Moss, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W.. Brazier, Jr. and Mayor Meyera E. Oberndorf June 14, 1994 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 ~~ ~-,-,j,..,..,-.~'~^~' Minor projects located in the seaward fifty (50) feet of the buffer area shall not be permitted, except as otherwise provided in section 113 (B) of this ordinance. C. D. Minor projects located in their entirety within the Resource Management Area shall not be subject to the requirements of this ordinance. Section 108. Performance Standards. The performance standards set forth in this section are intended to prevent a net increase in nonpoint source pollution from new development, achieve a ten (10) per cent reduction in nonpoint source pollution from redevelopment, and achieve a forty (40) per cent reduction in nonpoint source pollution from agricultural uses. m~^ ~ .... ~'~,., ,.~-~,~ ~,..~ ~.. .............. ~ ................. ~ to all A. General Performance Standards for Development and Redeve 1 opment. Except as otherwise provided herein, the following standards shall apply to all development and redevelopment in the Chesapeake Bay Preservation Area. (1) Land disturbance shall be limited to the area necessary to provide for the desired use or development. The limits of land disturbance, including clearing or grading, shall be strictly defined by the construction footprint as shown on the approved plan of development. 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 Clearing shall be allowed only to provide necessary access, site drainage, water quality best management practices, installation of utilities and primary and reserve drainfield sites as detailed on a Virginia Department of Health Sewage Disposal Construction Permit. These limits shall be clearly shown on all plans submitted by an applicant and physically marked on the site. (2) Indigcnou~ Existing vegetation shall be preserved to the maximum extent possible consistent with the use and development permitted and in accordance with the most recent edition of the Virginia Erosion and Sediment Control Handbook. (a) Where areas to be preserved are considered to be part of the stormwater management plan for that site, existing trees of greater than six (6) inches diameter at breast height shall be preserved outside the construction footprint. Diseased trees or trees weakened by age, storm, fire, or other injury may be removed. (b) Prior to clearing or grading, suitable protective barriers, such as safety fencing, shall be erected outside of the dripline of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier. (3) Land development shall minimize impervious cover to promote infiltration of stormwater into the ground consistent with the use or development permitted through the incorporation of structural or nonstructural urban best management practices: 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 (a) As described in the most recent edition of the Urban Best Management Practice Handbook of the Virginia Water Control Board; or (b) As described in the City of Virginia Beach Stormwater Management Ordinance. (3) During the design phase of development, consideration should be given to the following means of minimizing impervious cover: (a) Placement of parking areas under multiple- family, office or commercial buildings; (b) Construction of no more than the minimum number of parking spaces required by the City Zoning Ordinance; (c) Utilization of modular grid pavers on private property and in low-traffic zones; and (d) Cluster development in lieu of conventional development by use of conditional zoning or the Open Space Promotion Option. (4) Notwithstanding any other provision of this ordinance, any land disturbance exceeding two thousand, five hundred (2,500) square feet, including construction of all single-family houses, septic tanks, and drainfields, shall comply with the requirements of Article 3 of Chapter 30 of the Code of the City of Virginia Beach (City Code Sections 30-56 through 30-78). (5) All on-site sewage disposal systems not requiring a Virginia Pollutant Discharge Elimination System (VPDES) permit shall be pumped out at least once every five (5) years. (6) For new construction not served by public sewer or other system requiring a VPDES permit, a reserve sewage disposal drainfield site with a capacity at least equal to that of the primary sewage disposal drainfield site shall be provided. This 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 (7) requirement shall not apply to any lot or parcel recorded prior to October 1, 1989 if such lot or parcel is not sufficient in capacity to accommodate a reserve sewage disposal drainfield site, as determined by the Virginia Beach Health District of the Virginia Health Department. Building or construction of any impervious surface shall be prohibited on the area of all sewage disposal drainfield sites, including reserve drainfield sites, until the property is served by public sewer or an on-site sewage treatment system operating under a VPDES permit. For any development or redevelopment, stormwater runoff shall be controlled by the use of best management practices that achieve the following results: (a) For development, the postdevelopment nonpoint source pollution runoff load shall not exceed the predevelopment load based on an average total phosphorus loading (FVA) of 2.72 pounds/acre/year and an equivalent impervious cover (IVA) of twenty five (25) percent. (b) For redevelopment , the nonpoint source pollution load shall be reduced by at least ten (10) per cent of the existing load. The City Manager may waive or modify this requirement for redevelopment sites that originally incorporated practices for stormwater control, provided that: (1) In no case may the (2) best management runoff quality postdevelopment nonpoint source pollution runoff load exceed the predevelopment load; and Best management practice facilities shall be in good working order and performing 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 20O 201 202 203 204 205 206 207 208 (8) at the design levels of service. The city Manager shall conduct a review of the original structural design and the maintenance plans of such facilities. The execution of a new maintenance agreement may be required to ensure compliance with these requirements. (c) Predevelopment and postdevelopment loadings shall be calculated by the same procedures as outlined by the Chesapeake Bay Local Assistance Department in its Local Assistance Manual. (d) For a redevelopment site more than ninety (90) per cent of which is covered by impervious surfaces, restoration of a minimum of an ad~iticnal twenty (20) per cent of the site to vegetated open space shall be deemed the equivalent of a ten (10) per cent reduction in nonpoint source pollution load. (e) Calculations involving the percentage of site area under impervious cover shall be based upon the lot area landward of mean low water and wetlands. Impervious cover shall not include the water surface area of a swimming pool. (f) Low maintenance and non-structural best management practices shall be employed to the maximum extent practicable. Prior to the authorization of grading or other on- site activities on that portion of a lot or parcel, all permits required by the Wetlands Zoning Ordinance and Sections 401 and 404 of the Clean Water Act (33 U.S.C. §§1341, 1344) shall be obtained and evidence of such submitted by the applicant. 6 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 (9) Land upon which agricultural activities are conducted shall have a soil and water quality conservation plan. Such plan shall be based upon the Field Office Technical Guide of the U.S. Department of Agriculture Soil Conservation Service and accomplish water quality protection consistent with this ordinance. Such a plan shall be approved by the Virginia Dare Soil and Water Conservation District by January 1, 1995. (10) Proposed revegetation of disturbed areas shall provide maximum erosion and sediment control benefits. (11) Access for development requiring permits under Section 6-136 of the City Code or Section 1403 of the Wetlands Zoning Ordinance, and for development authorized by Section 1402 of the Wetlands Zoning Ordinance, shall be limited to a single accessway so as to maintain the integrity of the buffer. (12) Fill for development referred to in subdivision (11) hereof shall be limited to minimize disturbance of existing vegetation and contours so as to effectively maintain the integrity of the buffer. (13) Disposal sites for dredged material shall be located and stabilized landward of the buffer. (14) Excavation material from construction, including dredged material, shall be disposed of in a lawful manner. B. Buffer Area Requirements. To minimize the adverse effects of development activities on the other components of Resource Protection Areas, state waters, and aquatic life, a one hundred (100) foot wide buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff shall be retained if present and established where it does not exist. 7 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 The buffer area shall be located adjacent to and landward of other components of a Resource Protection Area. The full buffer area shall be designated as the landward component of the Resource Protection Area. The one hundred (100) foot buffer area shall be deemed to achieve a seventy-five (75) per cent reduction of sediments and a forty (40) per cent reduction of nutrients. A combination of a buffer area not less than fifty (50) feet in width and appropriate best management practices located landward of the buffer area which collectively achieve water quality protection, pollutant removal, and water resource conservation at least the equivalent of the full one hundred (100) foot buffer area may be employed in lieu of the one hundred (100) foot buffer C. Buffer Area Performance Standards. The buffer area shall be maintained to meet the following additional performance standards: (1) In order to maintain the functional value of the ~ ....... existinq vegetation buffer area, no ..... ~ ...... shall be removed except to provide for reasonable sight lines, access paths, general woodlot management, and best management practices, as follows: (a) Trees may be pruned or removed as necessary to provide for sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff. (b) Any path shall be constructed and surfaced so as to effectively control erosion. (c) Dead, diseased, or dying trees or shrubbery may be removed at the discretion of the landowner. 8 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 (2) (3) (d) For projects requiring permits under Section 6-136 of the City Code or Section 1403 of the Wetlands Zoning Ordinance, and for projects authorized by Section 1402 of the Wetlands Zoning Ordinance, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice and applicable permit conditions or requirements. When the application of the buffer areas would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989, the City Manager may allow reductions of the width of the buffer area in accordance with following criteria: (a) Encroachments upon, or reductions in the width of, the buffer area shall be the minimum necessary to accommodate a construction footprint solely for a principal structure. Once construction is complete, the vacant area within the construction footprint shall be restored with vegetation (b) Where possible, an area of vegetation equal in size to the area of the buffer reduced or encroached upon shall be established elsewhere on the lot in such manner as to maximize water quality protection; and (c) In no case shall the reduced portion of the buffer area be less than fifty (50) feet in width. On agricultural lands the agricultural buffer area shall be managed to prevent concentrated flows of surface water from breaching, and noxious weeds 9 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 from invading, the buffer area. The agricultural buffer area may be reduced as follows: (a) To a minimum width of fifty (50) feet when the subject land is implementing a federal, state, or locally-funded agricultural best management practices program, provided that the combination of the reduced buffer area and the best management practices achieve water quality protection, pollutant removal, and water resource conservation at least the equivalent of the one hundred (100) foot buffer area, as determined by the Virginia Dare Soil and Water Conservation District; (b) To a minimum width of twenty-five (25) feet when a soil and water quality conservation plan, as approved by the Virginia Dare Soil and Water Conservation District, has been implemented on the subject land. Such plan shall be based upon the Field Office Technical Guide of the U.S. Department of Agriculture Soil Conservation Service and accomplish water quality protection consistent with this ordinance. (c) The buffer area shall not be required for agricultural drainage ditches if the subject agricultural land has in place best management practices in accordance with a conservation plan approved by the Virginia Dare Soil and Water Conservation District. D. A new or expanded water dependent facility shall be allowed, provided that: (1) It does not conflict with the comprehensive plan; (2) It complies with all of the applicable performance standards set forth in Section 108 of this ordinance; 10 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 38O (3) Any non-water dependent component is located landward of Resource Protection Areas; and (4) Access will be provided with the minimum disturbance necessary. Where possible, a single point of access will be provided. E. Redevelopment Performance Standards. (1) Redevelopment shall conform to the applicable stormwater management and erosion and sediment control performance standards set forth in Section 108 of this ordinance. (2) Where possible, the applicant shall establish or maintain a vegetated buffer of sufficient width to help achieve the ten (10) percent reduction in the existing nonpoint source pollution load for redevelopment. F. Minor projects performance standards. The following standards shall apply to all minor projects located in the landward fifty (50) feet of the buffer area: (1) The encroachment into the buffer area shall be the (2) (3) (4) minimum necessary to afford relief; Best management practices shall be provided where necessary to prevent a net increase in nonpoint source pollution; Erosion and sediment controls shall be provided where necessary to prevent erosion; Excavation material from construction shall be (5) disposed of in a lawful manner; and Ail existing trees on the site which are six (6) inches or greater in diameter at breast height and are located within twenty five (25) feet of the construction footprint shall be identified and protected. Mitigation for trees removed shall be in accordance with Section 110 A. (2) (h) of this ordinance. 11 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 40O 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 Section ~10. Plan of Development Process. Any development or redevelopment in the Chesapeake Bay Preservation Area shall be accomplished through a plan of development process consistent with section 15.1-491(h) of the Code of Virginia. Approval shall be rendered for a plan prior to commencement of any land-disturbing activity on site or the issuance of any building permit. Plans and information required under this section may be coordinated or combined as deemed appropriate by the City Manager. All information required in this section shall be drawn to the same scale as the preliminary sit~ plan or final subdivision plat, and certified as complete and accurate by persons duly licensed by the Commonwealth of Virginia to practice as such. Any applicant, or potential applicant, may confer with such departments and other agencies of the City as may be appropriate concerning a general development or redevelopment. proposal before submission of an application. Such conferenc~ shall not be construed as an application for approval of such proposal. A. General plan of development process. Except as otherwise provided herein, the plan of development process for any development or redevelopment in a Chesapeake Bay Preservation Area shall consist of the plans and information identified below: (1) A site plan or a subdivision plat which meets the requirements of the Site Plan Ordinance or Subdivision Ordinance, as the case may be, and which clearly delineates the following environmental features: (a) Tidal wetlands; (b) Tidal shores; (c) Nontidal wetlands as set forth in Section 104 B.(2) of this ordinance. The location and extent of the nontidal wetlands shall be determined in accordance with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional 12 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 (2) Wetlands, as restricted by Section 104 B.(2) of this ordinance. (d) Highly erodible soils~ and (e) A buffer area one hundred (100) feet in width, located adjacent to and landward of components (a) through (d) and along both sides of any tributary stream. A landscape plan which delineates or complies with the following: (a) The location, size, and description of existing and proposed plant material. Ali existing trees on the site of six (6) inches or greater diameter at breast height shall be shown. Where there are groups of trees, stands may be outlined instead. The specific number of such trees to be preserved outside or within the construction footprint shall be indicated on the plan. Trees and plants to be disturbed or removed to create a desired construction footprint shall be clearly delineated. A description of the proposed measures for mitigation shall include (i) a replanting schedule for trees and other vegetation removed for construction, including a list of plants and trees to be used; (ii) a demonstration that the design of the plan will preserve to the greatest extent possible any trees and vegetation on the site and will provide maximum erosion control and overland flow benefits from such vegetation; and (iii) a demonstration that existing plants are to be used to the greatest extent possible. If no mitigation or planting is required, existing trees may be delineated on the site plan or subdivision plat; 13 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 (b) (c) (d) (e) A delineation of any required buffer area and any plant material to be added to establish or supplement the buffer area~ Within the buffer area, a designation of the trees to be removed for sight lines, vistas, access paths and best management practices, and any vegetation replacing trees removed from the buffer area~ A designation of the trees to be removed for shoreline stabilization projects and any replacement veqetation~ A depiction of grade changes or other work adjacent to trees which would adversely affect them. Specifications shall be provided as to how grade, drainage, and aeration would be maintained around trees to be preserved; (f) A description of the limits of clearing of existing vegetation, based on all anticipated improvements, including buildings, drives, and utilities, and specifications for the protection of existing trees during clearinq, grading, and all phases of construction. (q) All supplementary or replacement plant materials shall be in a healthy condition. Plant materials shall conform to the standards (h) of the most recent edition of the American Standard for Nursery Stock, published by the American Association of Nurserymen and shall be installed accordinq to standard planting practices and procedures. Where areas to be preserved are encroached upon, replacement of existing trees and other vegetation shall be achieved at a ratio of three (3) trees planted to one (1) tree greater than six (6) inches diameter at breast 14 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 5O8 509 510 511 512 513 514 515 516 517 518 519 52O (3) height removed, or by such other measures as in the judgment of the City Manager will adequately compensate for the removal of such trees and other vegetation. Replacement trees shall be a minimum two (2) to two and one-half (2 1/2) inches caliper at the time of planting. A stormwater management plan containing maps, charts, graphs, tables, photographs, narrative descriptions, explanations, and supporting references. At a minimum, the stormwater management plan shall contain the following: (a) Location and design of all planned stormwater control devices; (b) Procedures for implementing non-structural stormwater control practices and techniques; (c) A long-term schedule for inspection and maintenance of stormwater management consistent with the Stormwater Management (d) Ordinance; A maintenance agreement as deemed necessary and appropriate by the City Manager to ensure proper maintenance of best management practices in order to continue their (e) functions; Predevelopment and source pollutant postdevelopment nonpoint loadings with supporting documentation of all utilized coefficients and calculations as outlined in Section 108 A. (7) (c) of this ordinance; For stormwater manaqement facilities, verification of structural soundness, which shall be certified by a professional engineer. All engineering calculations shall be performed in accordance with current City of 15 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 Virginia Beach Public Works Standards and Specifications and the current edition of the Local Assistance Manual. (4) An erosion and sediment control plan meeting the requirements of the provisions of Article 3 of Chapter 30 of the Code of the City of Virginia Beach (City Code Sections 30-56 through 30-78). A=. B. Plan of development process for single family, semidetached and attached dwellings in the Resource Management Area. A lot which is to be developed as one (1) single family dwelling, semidetached dwelling or attached dwelling/townhouse located in its entirety within the Resource Management Area ~,~vv~ ~o feet shall submit a site plan in lieu of the provisions outlined pursuant to subsection ~ A.(1) hereof to comply with the provisions of Section 108 of this ordinancev Said -~-~.. ~-~..~..~ ..... and shall contain the following information, unless deemed unnecessary by the City Manager: (1) Limits of land disturbance and all areas of clearing, grading, accessways and staging areas. (2) Location of all approved existing and proposed septic tanks and drainfield areas including reserve areas and the location of all existing and proposed wells and utilities. (3) Location of all erosion and sediment control devices. (4) A statement that excavation material from construction shall be disposed of in a lawful manner. (5) The total amount of impervious surface proposed for the site. (6) Specifications for the protection of existing trees and vegetation during clearing, grading and all phases of construction. 16 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 (7) Revegetation schedule, (8) Best management practices if (9) Evidence that all applicable wetlands permits required by law have been obtained prior to authorization of grading or other on-site activities shall be provided. The site plan shall be deemed to constitute a plan of development review process consistent with Section 15.1-491 (h) of the Code of Virginia. Additional information shall be requested and reasonable and appropriate conditions shall be imposed by the City Manager, if necessary, to preserve the purpose and intent of this ordinance. 17 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 ............ ~ a onal .............................. survcy; and ............................. survey ................... 18 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 Ee %'..'1 material. thc ~ ~ 19 661 662 /1.% 663 664 665 666 667 668 669 670 671 shoreline ~~~ ..... 4^~ .............. ~u .... and any 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 /1-,% 693 694 20 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 /'1% AL t %-A __l~-/',--; ,s 21 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 Ce For managcment ............. ~ s on at. Plan of Development Process for Minor Projects. (1) Landward fifty (50) feet of the buffer. A site plan or land survey sufficient to show compliance with the requirements of section 108(F) of the ordinance shall be submitted to the City Manager for any minor project located in the landward fifty 22 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 (50) feet of the buffer area. Said site plan shall be prepared according to the provisions of the City Site Plan Ordinance, unless deemed unnecessary by (2) the City Manager. Seaward fifty (50) feet of the buffer. Plans sufficient to show compliance with the applicable provisions of Section 108 of the ordinance shall be submitted to the City Manager for any minor project located in the seaward fifty (50) feet of the buffer area. Said plans shall be prepared according to the provisions of subsection A. hereof, unless deemed unnecessary by the City Manager. (3) Additional information shall be requested by the City Manager, if necessary, to preserve the purpose and intent of this ordinance. H~.D__~. Water Quality Impact Assessment. The purpose of a water quality impact assessment is to: (i) identify the potentially adverse impacts of proposed development on water quality and lands within Chesapeake Bay Preservation Areas; (ii) ensure that, where development or redevelopment takes place within Chesapeake Bay Preservation Areas, it will be located on those portions of a site and in a manner that will be least disruptive to the natural functions of Resource Protection Areas and other sensitive lands; and (iii) specify means to avoid, minimize or mitigate the impacts of development for water quality protection. (1) A water quality impact assessment shall be required (i) for any development or redevelopment within a Resource Protection Area; (ii) for any buffer area encroachment or reduction; (iii) for any variance provided for in Section 113 of this ordinance; (iv) for all minor projects 23 8O0 801 802 803 804 8O5 806 807 8O8 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 (v) where a water quality impact statcmcnt assessment is deemed necessary by the City Manager to evaluate the potential impacts of the development or redevelopment upon water quality or a Resource Protection Area by reason of the unique characteristics of the site or the intensity of the proposed use or development. (1) Minor Water Quality Impact Assessment. The water quality impact assessment for any minor project located in the buffer area shall include a site (2) drawing to scale which shows the following: (a) Location of the components of the Resource Protection Area, including the 100 foot buffer area~ (b) Location and nature of the proposed development into the buffer area, including: type of paving material; areas of clearing or gradingf location of any structures, drives or other impervious cover; and sewage disposal systems or reserve drainfield sites; (c) Type and location of proposed best management practices to mitigate the proposed encroachment into the buffer area. Major Water Quality Impact Assessment. The following elements shall be included in a water quality assessment unless one or more such elements shall, in the judgment of the City Manager, not be reasonably necessary in determining the impact of the proposed development or redevelopment: (a) A~% A delineation of environmental features survey as set forth in Section 110~,'~ A. (1) of this ordinance; (b) A landscape plan as set forth in Section 110 ~j'~ A. (2) of this ordinance; (c) A stormwater management plan as set forth in '~' A (3) of this ordinance; and Section 110 ~ j . 24 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 85O 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 (d) A narrative that: (1) Describes the existing topography, soil information, including depth to groundwater and infiltration rate where appropriate, surface and groundwater hydrology, wetlands on the site and, if necessary, drainage patterns from adjacent lands; (2) Describes the impacts of the proposed development on topography, soils, surface and groundwater hydrology on the site and adjacent lands; (3) Describes potential adverse impacts on wetlands; (4) Indicates the source location and description of proposed excavation and fill material; (5) Indicates, for any water-dependent activity, the location of, and potential adverse impacts upon, shellfish beds, submerged aquatic vegetation, and fish spawning and nursery areas; (6) Lists all federal, state and local permits required for the development of the site; and (7) Describes the proposed mitigation measures for the potential adverse hydrogeological impacts of the project. ~.E. Performance and Bonding Requirements. (1) No approved plans required by this section shall be released until the applicant provides performance bonds or other form of surety acceptable to the City Attorney, provided, however, that when the occupancy of a structure is desired prior to the completion of the required landscaping, stormwater 25 870 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 900 901 902 903 904 management facilities, or other specifications of an approved plan, a building permit and certificate of occupancy may be issued if the applicant provides to the City of Virginia Beach a form of surety satisfactory to the City Attorney in an amount equal to the estimated cost of construction, related materials, and installation costs of the required landscaping or other specifications and maintenance costs for any required stormwater management facilities. (2) All required landscaping shall be installed as approved by the end of the first planting season following issuance of a certificate of occupancy or the surety shall be forfeited to the City. (3) All required stormwater management facilities or other specifications shall be installed and approved within eighteen (18) months of project commencement. Should the applicant fail, after proper notice, to initiate, complete or maintain appropriate actions required by the approved plan, the surety may be forfeited to the City, which may also collect from the applicant the amount by which the reasonable cost of required actions exceeds the amount of the surety held. (4) After all required actions of the approved plan have been completed, the applicant shall submit to the City Manager a written request for a final inspection. If the requirements of the approved plan have been completed, such unexpended or unobligated portion of the surety held shall be refunded to the applicant or terminated within sixty (60) days following the receipt of the applicant's request for final inspection. (5) Prior to the issuance of any grading, building or other permit for activities involving site 26 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 937 938 development activities, the applicant shall furnish to the City a reasonable performance bond, cash escrow, letter of credit or other legal surety, or any combination thereof acceptable to the city Attorney, to ensure that measures may be taken by the City, at the applicant's expense, should he fail, after proper notice, within the time specified, to initiate or maintain appropriate conservation action which may be required of him as a result of his site development. Section lll. Nonconforming Buildings and Structures. A. Any use, building or structure which lawfully existed on the date of adoption of this ordinance and which is not in conformity with any one or more of the provisions of this ordinance, and any use, building or structure which lawfully exists on the date of adoption of any amendment to this ordinance and which is not in conformity with such amendment, shall be deemed nonconforming. B. No change of use or extension, enlargement, relocation or substantial alteration of a nonconforming use, building or structure which would increase the nonpoint source pollution runoff load from the lot shall be allowed unless authorized by the Board in accordance with the procedures and standards specified in Section 113 of this ordinance or by the City Manager pursuant to subsection (E) herein. 27 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 968 969 970 971 972 C. Any action of the Board permitting a change of use, or the extension, enlargement, relocation or alteration of a use, building or structure subject to the provisions of this section shall be null and void twelve (12) months from the date of its adoption unless substantial work has commenced and is diligently pursued. D. Nothing in this section shall be construed to prohibit the reconstruction or restoration of any nonconforming building or structure which is destroyed or damaged by reason of casualty loss, provided that the area encompassed by such building or structure, as reconstructed or restored, is not extended or enlarged. Relocation of a building or structure shall be allowed only as provided in subsection (B) hereof. E. Any application for a change of use or extension, enlargement, relocation or substantial alteration of a nonconforming use, building or structure shall be reviewed by the City Manager. If the City Manager determines that the proposed action would not increase the nonpoint source pollution runoff load from the lot, the City Manager shall approve the application. If the City Manager determines that any increase in nonpoint source pollution runoff load may be prevented by the use of best management practices or other mitigation techniques, he shall approve the application upon the condition that such practices or techniques, or a combination thereof, be employed. The City Manager may establish such review policies as deemed expedient in effectuating the intent of this section. F. Any development or land disturbance exceeding an area of two thousand, five hundred (2,500) square feet shall comply with the erosion and sediment control performance standards set forth in Section 108 of this ordinance. G. Notwithstanding any other provision of this section, where the requirements for buffer area reductions pursuant to Section 108 ~B~ of this ordinance are met, the City Manager shall approve any change of use or extension, enlargement, relocation or 28 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 substantial alteration of a nonconforming use, building or structure in the landward fifty (50) feet of the buffer area. Section 113. Variances. A. General requirements. Applications for variances from any of the provisions of this ordinance shall be in writing and filed with the City Manager. Such applications shall identify the potential impacts of the proposed variance on water quality and on lands within the Resource Protection Area through the performance of a water quality impact assessment which complies with the provisions of this ordinance No .... ~ ~~ .... ~ ~ B. Administrative variances. The City Manager shall approve or deny an application requesting a variance for a minor project to locate in the seaward fifty (50) feet of the buffer area after receipt of a complete application. No variance shall be granted under this subsection unless the city Manager makes all findings required in subsection G. herein. The City Manager shall record both the request and his administrative decision in a public access file to be maintained for one (1) calendar year. The City Manager may establish such review policies as deemed expedient in effectuating the intent of this ordinance. B~.C. Board variances. The City Manager shall review thc any other~~ application for a variance and the water quality impact assessment and provide the Board with an evaluation of the potential impacts of the proposed variance and such other information as may aid the Board in considering the application. No such application shall be accepted by the city Manager unless accompanied by a nonrefundable fee in the amount of One Hundred Five Dollars ($105.00). The City Manager shall transmit the application and supporting information and evaluation to the members of the Board and the applicant no less than five (5) days prior to the scheduled hearing on such application. C-~.D. Not later than sixty (60) days after the receipt of an application, the Board shall hold a public hearing on such 29 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 application. Notice of the time and place of the hearing shall be published no less than once per week for two consecutive weeks prior to such hearing in a newspaper having a general circulation in the city. The second such notice shall appear not less than five (5) days nor more than twenty-one (21) days prior to the hearing. D.E. In addition to the foregoing requirements, the applicant shall cause to be posted on the property which is the subject of the hearing a sign, of a size and type approved by the Board, clearly visible and legible from the nearest public street. Such sign shall be posted not less than fifteen (15) days from the public hearing and shall state the nature of the application and date and time of the hearing. In the event such sign is removed, obscured or otherwise rendered illegible prior to the hearing, the Board may deny or defer the application. Any application deferred by the Board by reason of noncompliance with the posting requirements of this section shall not thereafter be heard unless and until an additional fee in the amount of One Hundred Dollars ($100.00) is paid. E.F. The Board may make, alter and rescind rules for its procedures not inconsistent with the provisions of this section; provided, however, that a quorum shall be not less than a majority of all of the members of the Board, and provided further, that the concurring vote of a majority of the full membership of the Board shall be required to grant any variance. F.G. No variance shall be granted unless the Board finds that: (1) Granting the variance will not confer upon the applicant any special privileges not accorded to other owners of property in Chesapeake Bay Preservation Areas; (2) The application is not based upon conditions or circumstances that are or have been created or imposed by the applicant or his predecessor in title; 30 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 (3) The variance is the minimum necessary to afford relief; (4) The variance will be in harmony with the purpose and intent of this ordinance, and not injurious to the neighborhood or otherwise detrimental to the public welfare; and (5) There will be no net increase in nonpoint source pollution load. No variance shall be granted unless reasonable and appropriate conditions are imposed which will prevent the variance from causing or contributing to a degradation of water quality. .............. ~ ...... ~, ~ ....... , however, that ~ ~- ~4 .... ':'"- '"" ....~ ..... ~ .... modify any ....................... 2' ........ ~ Ucvcr~c Section 114 Appeals. 31 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 A. Any order, determination or decision made by the City Manager or any administrative officer in the administration or enforcement of this ordinance may be appealed to the Board by application filed with the City Manager within fifteen (15) days from the date of such order, determination or decision. Such application shall state with particularity the grounds of such appeal. Any application failing to do so shall be rejected by the City Manager. The filing of an appeal shall not stay any proceedings in furtherance of the action appealed from. B. The fees7 and notice requirements and .... ~ ..... ~~ ~ ...... ~ for appeals under subsection A, hereof shall be as set forth in Section 113; ~ ....... , ......... , ......... C. Any party aggrieved of a decision of the Board may, within thirty (30) days of the date of such decision, petition the Circuit Court to review such decision. The procedure in such cases shall be as provided in Section 15.1-497 of the Code of Virginia, as amended. No party having failed to appear at the hearing before the Board and object to the application at that time shall be deemed to be an aggrieved partyF provided, however, that the City shall have standing to appeal any decision of the Board irrespective of not having appeared before the Board as otherwise required by this ordinance. D. The Circuit Court may affirm, reverse or modify any (1) The decision appealed from was based upon the erroneous application of the criteria set forth in subsection G. of Section 113 of this ordinance or was based upon grounds other than those set forth thereinF 32 1111 1112 1113 1114 1115 1116 1117 1118 (2) (3) (4) There was no substantial evidence upon which the Board could have made all findings required by subsection G. of Section 113 of this ordinance. The decision of the Board was plainly wronq[ or The Board failed to impose reasonable and appropriate conditions intended to prevent the variance from causinq or contributinq to a degradation of water quality. 1119 1120 Adopted by the City Council of the City of Virginia Beach on this 14th day of J,,ne , 1994. 1121 1122 1123 1124 CA-5483 kORDINkPROPOSEDk50-106ET.ORD R6 JUNE 14, 1994 33 - 56 - Item III-IC 1.n. PUBLIC HEARING ITEM # 38105 PLANNING NO COUNCIL ACTION required on the Application of RESIDENTIAL CONCEPTS, LTD., by Robert M. Johnson, for a Conditional Use Permit for a flex suite on Lot 153, Church Point (4044 Timber Ridge Drive), containing 17,424 square .feet (BAYSIDE BOROUGH). APPROVED BY RIGHT through adoption of City of Virginia Beach Zoning Ordinance amendments re "flex suites ". June 14, 1994 - 57 - Item III-I~ 1.o. PUBLIC HEARING PLANNING ITEM # 38106 Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council DEFERRED INDEFINITEL Y: Ordinance to AMEND and REORDAIN Appendix E, Sections 1.2 and 1.4 of the Tree Planting, Preservation and Replacement Ordinance of the City of Virginia Beach re residential and street trees and bonding requirements. Voting: 9-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Mayor Meyera E. Oberndorf June 14, 1994 City o£ Vi -¢inia Beach In Repl~ Refer To Our File .%. DF 3 7 01 DATE: June 6, 1994 FROM: RE: Leslie L. Lilley DEPT: City Attorney Gary L. Fentress~ DEPT: City Attorney City of Virginia Beach Development Authority Amendment to Proffer Agreement Council Action Date: June 14, 1994 Enclosed is the agreement to amend proffers submitted by the Development Authority. The agreement is acceptable as to legal form. GLF/rab Enclosure Item III-K1;v. PUBLIC HEARING ITEM # 38107 PLANNING Upon motion by Councilman Clyburn, seconded by Councilman Jones, City Council APPROVED: Application of the Virginia Beach Development Authority for modification of conditions (approved April 23, 1991) in the B-3 Community Business District re permitting business and vocational schools on the Southern portion of the site at the Southwest intersection of Independence Boulevard and Baxter Road, containing 25.38 acres; AUTHORIZED an agreement between the City of Virginia Beach and the Development Authority encompassing these amended proffers (KEMPSVILLE BOROUGH). Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W.. Clyburn, Robert I~ Dean, Louis IL Jones, Paul J. Lanteigne, John D. Moss, Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W.. Brazier, Jr. and Mayor Meyera E. Oberndorf June 14, 1994 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TO CITY OF VIRGINIA BEACH. VIRGINIA AMENDMENT OF COVENANTS, RESTRICTIONS AND CONDITIONS PROFFEI~,ED PURSUANT TO SECTION 107(h) OF THE ZONING ORDINANCE OF THE CITY OF VIRGINIA BEACH THIS AGREEMENT, made this I '~"'r%ay of PI'A ~., 1994, between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (hereinafter "Grantor~), and tile CITY OF VIRGINIA BEACH, a municipal corporation of tile Commonwealth of Virginia (hereinafter "Grantee"). WITNESSETH; WHEREAS, in connection with tile rezoning of certain property then owned by tile City of Virginia Beach, Virginia, an Agreement of covenants, restrictions, and conditions (hereinafter "Agreement") was recorded in tile Office of tile Clerk of the Circuit Court of the City of Virginia Beach in Deed Book 2982, at page 675 on April 29, 1991; and WHEREAS, subsequent to the recordation of the Agreement, the City of Virginia Beach conveyed tile Property described in tile Agreement to tile City of Virginia Beach Development Authority by deed dated September 8, 1993, recorded in the aforesaid Clerk's Office in Deed Book 3268, at page 2002; and WHEREAS, the Grantor has petitioned the Council of the City of Virginia Beach pursuant to Section 107(h) of the City's Zoning Ordinance to amend the covenants, restrictions and conditions contained in the Agreelnent; and WHEREAS, after a public hearing before the Grantee, advertised pursuant to file provisions of the Code of Virginia, Section 15.1-431, tile Council of the City of Virginia Beach did approve tile alnendment of tile Agreement as stated herein; and WHEREAS, a certified copy of tile Ordinance adopted by the City Council wherein consent to this amendment to the Agreement was given is attached hereto as Exhibit "A" as. conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and withot,t any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or qt.fid pro c!uo for zoning, re-zoning, site plan, building permit or subdivision approval, hereby makes tile following declaration of covenants, restrictions and conditions as to the physical development and operation of the Property and governing the use fllereof and hereby tenders tile following covenants nmning with tile said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its assigns, grantees and other successors in interest or title, namely: (1) On Parcel E (and Parcel D within one hundred [100] feet of a residential or apartment district), in addition to office use, the following use shall be permitted: Business and vocational schools which cio not involve tile operation of woodwork shops, machine shops or other similar facilities. (2) Except as provided herein all terms of the covenants, restrictions and conditions contained in the Agreement recorded in Deed Book 2982, at page 675 in tile aforesaid Clerk's Office shall remain in full force and effect. WITNESS tile following signatures and seals. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Kenneth E. Palmer, Chairman SEAL ATTEST: I~enheth D. Bare~ Secretary STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: , a Notary Public in and for tile City and State aforesaid, do hereby certify that Kenneth E. Palmer, Chairman, on behalf of the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, whose foregoing writing, bearing date the 1-4-''''~ day of P'dA ¥ acknowledged the same before mc in my City and State aforesaid. Given under my hand this name is signed to the , 1994, has STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: . a Notary Public in and for the City and State aforesaid, do hereby certify that Kenneth D. Barefoot, Secretary, on behalf of the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, whose name is signed to the foregoing writing, bearing date the } ~%ay of /~ K-L/ , 1994, has / acknowledged the same before me in my City and State aforesaid. Given under my hand this 1"~ day of H/:5,~ , 1994. Notary PtqSlic 5/9/94 DF3701 .AGR R-1 4 - 59 - UNFINISHED BUSINESS ITEM# 38108 Councilman Baum distributed copies of Requested Alternative Southern Rural Area Plan~ Comprehensive Plan Amendments and City Zoning Ordinance Amendments. A summation sheet of the 4700 Alternative and 2500 Alternative was also distributed. June 14, 1994 UNFINISHED BUSINESS ADD-ON ITEM# 38109 Vice Mayor Sessoms requested the Evaluation forms of the City Council Appointees be returned to the Mayor or Vice Mayor by Friday, June 17, 1994. June 14, 1994 Item III-M.l.a. NEW BUSINESS ITEM # 38110 COUNCIL-SPONSORED ITEMS Upon motion by Councilman Branch, seconded by Councilman Lanteigne, City Council ADOPTED: Resolution to direct the Planning Commission to study and forward its recommendation to the City Council, within ninety (90) days, re proposed amendments to Sections 1511 and 1521 of the City Zoning Ordinance re eating and drinking establishments in RT-2 and RT-3 Districts. This resolution shall be returned to City Council in 90 days. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James gE. Brazier, Jr., Robert gE. Clyburn, Robert I~ Dean, Louis 1~ Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 14, 1994 Requested by: Councilman Linwood Branch 1 2 3 4 5 A RESOLUTION DIRECTING THE PLANNING COMMISSION TO STUDY AND FORWARD ITS RECOMMENDATION TO THE CITY COUNCIL CONCERNING PROPOSED AMENDMENTS TO SECTIONS 1511 AND 1521 OF THE CZ0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, subject to certain conditions, eating and drinking establishments which serve alcohol are permitted of right in the RT 2 and RT 3 districts, and WHEREAS, the City Council desires the Planning Commission to study and forward its recommendation to the City Council concerning a proposal to require that eating and drinking establishments in the RT 2 and RT 3 districts which serve alcohol at any time between 12 midnight and 2:00 a.m. obtain a conditional use permit for such use. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Planning Commission is hereby directed to study the proposed ordinance amendment attached hereto and to forward its recommendation concerning same to the City Council within 90 days of the adoption of this Resolution. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of June , 1994. 23 24 25 26 CA-5612 ORDIN\NONCODE\CA5612.RES R-1 PREPARED: 6\6\94 1 2 3 4 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 1511 AND 1521 OF THE CITY ZONING ORDINANCE PERTAINING TO USE REGULATIONS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 1511 and 1521 of the City Zoning Ordinance are hereby amended and reordained to read as follows: Sec. 1511. Use regulations. (a) Principal Uses and structures: For parcels less than 14,000 square feet in size, any one of the following is allowed: (1) Auditoriums and assembly halls; (2) Boat sales; (3) Business studios, offices, clinics and medical laboratories; (4) Bicycle rental establishments; (5) Child care and child care education centers; (6) Commercial parking lots, parking garages and storage garages; (7) Commercial recreation facilities other than those of an outdoor nature; (8) Eating and drinking establishments, except as specified in subsection (c) (6); (9) Financial institutions; (10) Funeral homes; (11) Museums and art galleries; (12) Off-site Parking facilities, provided the provisions of section 1505 are met; (13) Personal service establishments, including barber and beauty shops, shoe repair shops, cleaning, dyeing, laundry, pressing, dressmaking, tailoring and garment repair shops with processing on the premises; 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 (14) Private clubs, lodges, social centers, eleemosynary establishments and athletic clubs; (15) Public buildings and grounds; (16) Public utilities installations and substations including offices; provided storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations, other than individual transformers, shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screening hedge five (5) to six (6) feet in height; and provided also, transformer vaults for underground utilities and the like shall require only a landscaped screening hedge, solid except for access opening; (17) Retail establishments, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult bookstores shall be prohibited from locating within 500 feet of any apartment or residential district, single or multiple-family dwelling, church, park or school. For parcels greater than 14,000 square feet, any one of the following additional uses is allowed: (18) Multi-family dwellings; (19) Motels and Hotels which may have in conjunction with them any combination of restaurants, retail commercial use and convention facilities, provided that uses in conjunction with hotels and motels may not occupy more than 10% of the floor area of all structures (excluding parking) located on the lot. 70 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 For parcels greater than 40,000 square feet, any of the above permitted uses may be used in combination on the same zoning lot with other permitted Uses. (b) Accessory uses and structures: Uses and structures which are customarily accessory and clearly incidental and subordinate to the principal uses and structures: (1) An accessory activity operated for profit in a residential dwelling unit where there is no changed in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one non-illuminated identification sign not more than one square foot in area mounted flat against the residence; where no traffic is generated, including traffic by commercial delivery vehicles, by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; where the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling unit is employed in the activity; where such activity is conducted only in the principle structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the activity is specifically designed or conducted to permit no more than one patron, customer, or pupil to be present on the premises at any one time. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, tourist homes, 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 massage parlors, radio or television repair shops, auto repair shops, or similar establishments. (c) Conditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions of part C of article 2 hereof: (1) Automobile and small engine repair establishments, provided that all repair work shall be performed within a building; (2) Automobile service stations; provided that, where there is an adjoining residential or apartment district without an intervening street, alley or permanent open space over twenty-five (25) feet in width and where lots separated by a district boundary have adjacent front yards, a six (6) foot solid fence shall separate the automobile service station use from the adjacent residential district and no ground sign shall be within fifty (50) feet of the residential or apartment district; (3) Car wash facilities, provided that: (i) no water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties; (ii) a minimum of three (3) off-street parking spaces for automobiles shall be provided for each car wash space within the facility. (4) Churches; (5) Dormitories for marine pilots; (6) Eating and drinking establishments where alcoholic beveraqes are served at any.. time betwee~ 12:0Q midniqh~ and 2:00 a.m. a~l f~~ ~-i9 a~ohol i~ beve~ges-ar~ s~ {-i-i~c--t~e c~t-abt4~hmemt is l~at~ ~ithin 500 fe~ of~~~t~%~ a p~{mc nt~i~ t ri~ '4 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 ~a~y--~4 .... bet~eea {~M. OO-m idn ight--and--~O--a. ~, ~ ~-i¥~--the--~s t a b 1-i~ h me nt--e ~e~udes minors. u nde ~--~B --yea ~--o ~--ag e)-~u ~A~ g-=~n y--p a ~-t--~ f--t-he dayT--o~--pPo¥~de~ entc~r{-a~-nment,..audible ad jo in ing-p r~pe ~ty~ (7) Heliports and helistops; (8) Homes for the aged, disabled or handicapped, including convalescent or nursing homes; maternity homes; child care centers, other than those covered under permitted principal uses and structures hereinabove, when not operated by a public agency; (9) Home occupations; (10) Hospitals and sanitariums; (11) Marinas, including facilities for storage and repair of boats and sale of boating supplies and fuel; (12) Mini-warehouses, provided that the yard shall be completely enclosed except for necessary openings for ingress and egress by a fence or wall not less than six (6) feet in height; (13) Motor vehicle sales and rental, provided the minimum lot size is twenty thousand (20,000) square feet; (14) Passenger transportation terminals; (15) Public utility storage or maintenance installations; (16) Radio and television broadcasting stations and line-of-sight relay devices; (17) Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council, provided that, in the development of such properties, safeguards are provided to preserve and protect the existing character of adjacent 5 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 2OO 201 202 203 204 2O5 206 207 208 209 properties, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise; (18) Satellite Wagering Facility. Sec. 1521. Use regulations. (a) Principal Uses and structures: For parcels less than 20,000 square feet in size, any one of the following is allowed: (1) Auditoriums and assembly halls; (2) Boat sales; (3) Business studios, offices, clinics and medical laboratories; (4)Bicycle rental establishments; (5)Child care and child care education centers; (6) Commercial parking lots, parking garages and storage garages; (7) Commercial recreation facilities.other than those of an outdoor nature; (8) Eating and drinking establishments, except as specified in subsection (c) (6); Financial institutions; (9) (10) Funeral homes; (11) Museums and art galleries; (12) Off-site parking facilities, provisions of section 1505 are met; provided the (13) Personal service establishments, including barber and beauty shops, shoe repair shops, cleaning, dyeing, laundry, pressing, dressmaking, tailoring and garment repair shops with processing on the premises; (14) Private clubs, lodges, social centers, eleemosynary establishments and athletic clubs; . (15) Public buildings and grounds; (16) Public utilities installations and substations including offices; provided storage or maintenance facilities shall not be permitted; and provided, 6 210 211 212 213 214 215 216 217 218 219 22O 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 further, that utilities substations, other than individual transformers, shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screening hedge five (5) to six (6) feet in height; and provided also, transformer vaults for underground utilities and the like shall require only a la~%dscaped screening hedge, solid except for access opening; (17) Retail establishments, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and'display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult bookstores shall be prohibited from locating within 500 feet of any apartment or residential district, single or multiple-family dwelling, church, park or school. For parcels greater than twenty thousand (20,000) square feet, any of the following additional uses are allowed and may be used in combination with any of the permitted uses listed above: (18) Multi-family dwellings when developed in conjunction on the same parcel with other allowed uses where the floor area of the multi-family dwellings do not exceed 70% of the total floor area of the entire project; (19) Motels and Hotels which may have in conjunction with them any combination of restaurants, retail commercial use and convention facilities, provided that uses in conjunction with hotels and motels may not occupy more than 10% of the floor area of all structures (excluding parking) located on the lot. 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 (b) Accessory uses and structures: Uses and structures which are customarily accessory and clearly incidental and subordinate to the principal uses and structures: (1) An accessory activity operated for profit in a residential dwelling unit where there is no changed in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one non-illuminated identification sign not more than one square foot in area mounted flat against the residence; where no traffic is generated, including traffic by commercial delivery vehicles, by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; where the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling unit is employed in the activity; where such activity is conducted only in the principle structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the activity is specifically designed or conducted to permit no more than one patron, customer, or pupil to be present on the premises at any one time. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, tourist homes, massage parlors, radio or television repair shops, auto repair shops, or similar establishments. 8 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 30O 301 302 303 304 305 306 307 3O8 309 310 311 312 (c) Conditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions of part C of article 2 hereof: (1) Automobile and small engine repair'establishments, provided that all repair work shall be performed within a building; (2) Automobile service stations; provided that, where there is an adjoining residential or apartment district without an intervening street, alley or permanent open space over twenty-five (25) feet in width and where lots separated by a district boundary have adjacent front yards, a six (6) foot solid fence shall separate the automobile service station use from the adjacent residential district and no ground sign shall be within fifty (50) feet of the residential or apartment district; (3) Car wash facilities, provided that: (i) no water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent ~ properties; (ii) a minimum of three (3) off-street parking spaces for automobiles shall be provided for each car wash space within the facility. (4) Churches; (5) Dormitories for marine pilots; (6) Eating and drinking establishments where alcoholic beverages are served at any time between 12:00 midni_qht and 2:00 a.m. a-l-l---four of--t--hc foll~ ~-i-) a.t~oho t-i<?-beve ~ges--a re~e~v~ ~Ai ) the~stab~i~hment--i~at~t~-i~ o f-~ ~es id e ~ ~4~-t~ ~.a pa{~t~t~i~ t~ {4-i-i-) the-est~abt-ishment~pe~atc~ at 9 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 (7) (8) ~-i~--tq~e---es~-abt-i~hmen~, excq-udem ,, ,mi-no~-pcr~ons d a ~i---~ r--p roy id e~ ~n te.~ i~me nt~a~d ~~m ad join ing--proper t y-r Heliports and helistops; Homes for the aged, disabled or handicapped, including convalescent or nursing homes; maternity homes; child care centers, other than those covered under permitted principal uses and structures hereinabove, wheD not operated by a public agency; (9) Home occupations; (10) Hospitals and sanitariums; (11) Marinas, including facilities for storage and repair of boats and sale of boating supplies and fuel; (12) Mini-warehouses, provided that the yard shall be completely enclosed except for necessary openings for ingress and egress by a fence or wall not less than six (6) feet in height; (13) Motor vehicle sales and rental, provided the minimum lot size is twenty thousand (20,000) square feet; (14) Passenger transportation terminals; (15) Public utility storage or maintenance installations; (16) Radio and television broadcasting stations and line-of-sight relay devices; (17) Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council, provided that, in the development of such properties, safeguards are provided to preserve and protect the existing character of adjacent properties, except that riding academies and 10 347 348 349 recreational campgrounds shall not be allowed as a conditional use or otherwise; (18) Satellite Wagering Facility. 35O 351 352 353 354 355 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 1994. CA-5606 R2 ORDIN~DATA~PROPOSED~ISll-1521.ORD MAY 27, 1994 11 Item III-Md, b, NEW BUSINESS ITEM # 38111 COUNCIL-SPONSORED ITEMS Upon motion by Councilman Lanteigne, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 23- 7 of the Code of the City of Virginia Beach, Virginia, by ADDING new Section 23-7.2 re security check points. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis t~ Jones, Paul J. Lanteigne, John D. Moss, Nancy K~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 14 1994 Requested by Councilmember Paul J. Lanteigne 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO AMEND AND REORDAIN SECTION 23-7 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING NEW SECTION 23-7.2 PERTAINING TO SECURITY CHECK POINTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 23 Section 7 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained by adding new section 23-7.2 to read as follows: Section 23-7.2. Evasion of security device or check point. It shall be unlawful and a class 1 misdemeanor for any person who enters a secured area of any building or other enclosure owned or leased by the city or school board when a metal detection device is being operated therein, or when a security check for the detection of unlawful items or substances is being conducted, to wilfully proceed so as to avoid such metal detection device, or otherwise to pass any security check point, unless such person receives permission to do so from the law enforcement officer or 20 other security official on duty. 21 22 Adopted by the Council of the City of Virginia Beach, Virginia 14 June on the day of , 1994. 23 24 25 26 CA-5589 R-4 JUNE 6, 1994 ORDINkPROPOSEDk23-7-2.ORD Item llI-M.l.c. NEW BUSINESS ITEM # 38112 COUNCIL-SPONSORED ITEMS MOTION was made by Councilman Moss, seconded by Councilman Brazier to ADOPT: Resolution to request the TIDEWATER TRANSPORTATION DISTRICT COMMISSION (TTDC/TRT) conduct no further LIGHT RAIL studies; expend no additional funds; and, evaluate alternatives for transportation other than LIGHT RAIL consistent with the Virginia Beach Comprehensive Plan, employment patterns and trends, as well as housing density. A SUBSTITUTE MOTION was made by Councilman Dean, seconded by Councilman Brazier to DEFER until the City Council Session of June 28, 1994: Resolution to request the TIDEWATER TRANSPORTATION DISTRICT COMMISSION (TTDC/TRT) conduct no further LIGHT RAIL studies; expend no additional funds; and, evaluate alternatives for transportation other than LIGHT RAIL consistent with the Virginia Beach Comprehensive Plan, employment patterns and trends, as well as housing density. Voting: 2-8 (MOTION LOST TO A NEGATIFE VOTE) Council Members Voting Aye: James W.. Brazier, Jr. and Robert IC Dean Council Members Voting Nay: John A. Baum, Linwood O. Branch, III, Robert W.. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf June 14, 1994 Item III-M.l.c. NEW BUSINESS ITEM # 38113 COUNCIL-SPONSORED ITEMS ~4 MOTION was made by Councilman Moss, seconded by Councilman Brazier to ADOPT: Resolution to request the TIDEWATER TRANSPORTATION DISTRICT COMMISSION (TTDC/TRT) conduct no further LIGHT RAIL studies; expend no additional funds; and, evaluate alternatives for transportation other than LIGHT RAIL consistent with the Virginia Beach Comprehensive Plan, employment patterns and trends, as well as housing density. Voting: 5-5 (MOTION LOST TO A TIE VOTE) Council Members Voting .dye: James W. Brazier, Jr., Robert I~ Dean, Paul J. Lanteigne, John D. Moss and Nancy K. Parker Council Members Voting Nay: John ~4. Baton, Linwood O. Branch, III, Robert W. Clyburn, Louis I~ Jones and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf June 14, 1994 Item III-N. 1. ADJOURNMENT ITEM# 38000 Vice Mayor Sessoms DECLARED the City Council Meeting ADJOURNED at 7:23 P.M. Chief Deputy City Clerk William D. Sessoms, Jr. Vice Mayor Ru~~Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia June 14, 1994 VIRGINIA BF , CH Office of the City Manager Municipal Center Virginia Beach, VA 23456-9001 (804) 427-4242 FAX (804) 427-4135 TDD (804) 427-4305 June 10, 1994 The Honorable Meyera E. Oberndorf and Members of City Council RE: Bayside Boat Launch/Pleasure House Creek Boat Ramp Dear Mayor and Members of Council: Enclosed for your review is a draft Environmental Assessment (EA) for the referenced project. There will be a staff briefing on the project at the June 14 City Manager Presentations. If you need additional information before the meeting, please let me know. Sincerely, J~. Spore Ciky._.h/anager JKS/JRF/nfe Enclosure Iq.EASURE HOUSE CREEK BOAT RAMP STUDY Prepared For: THE CITY OF VIRGINIA BEACH, VIRGINIA June 1994 Langley and McDonald, P.C. Engineers Surveyors Planners Landscape Architects Environmental Consultants 5544 Greenwich Road, Virginia Beach, VA 23462 (804) 473-2000 FAX: (804) 497-7933 201 Packets Court, Williamsburg, VA 23185 (804) 253-2975 FAX: (804) 229-0049 TABLE OF CONTENTS SECTION PAGE 1.0 INTRODUCTION ....................................... 1 2.0. PROJECT DESCRIPTION ................................. 3 2.1 LOCATION AND PRINCIPAL DESIGN FEATURN.S ........ 3 2.2 CONSTRUCTION AND OPERATION ................. 3 2.3 ESTIMATED PRO..Err COST AND SCHEDULE .......... 7 3.0 PURPOSE AND NEED .................................... 8 3.1 PROJECT HISTORY ............................ 8 3.2 WATERSHED CHARACTERISTICS .................. 10 3.3 STATEMENT OF PURPOSE ....................... 12 3.4 PROJECT NF~F~I') ............................... 12 3.4.1 Existing Launching Facilities .......... 12 3.4.2 Demand for Boat Launching Facilities .....12 4.0 ALTERNATIVES ....................................... 15 4.1 FACTORS TO CONSIDER IN THE DEVELOPMENT OF ALTERNATIVF_~ .............................. 15 4.2 ALTERNATIVES CONSIDERED BUT NOT FURTHER EVALUATED 4.2.1 4.2.2 4.2.3 4.2.4 4.2.5 4.2.6 Crab Creek ..................... 17 Great Neck Park .................. 23 Seashore State Park ................ 23 Existing Launching Facilities .......... 27 Little Creek ..................... 27 Pleasure House Point ............... 28 5.0 4.3 ALTERNATIVES CONSIDERED FOR FURTI4F~R STUDY .... 30 4.3.1 No-Build Alternative ............... 30 4.3.2 Pleasure House Creek ............... 30 AFFECTED ENVIRONMENT ............................... 31 5.1 AIR, NOISE AND CLIMATE ....................... 31 5.1.1 Air ............................... 31 5.1.2 Noise ............................. 31 5.1.3 Climate ............................ 31 5.2 GEOLOGY, TOPOGRAPHY AND SOILS ............... 32 5.2.1 Geology ............................ 32 5.2.2 Topography ......................... 32 5.2.3 Soils .............................. 32 5.3 BATHYMETRY ............................... 33 6.0 5.4 5.5 5.6 5.7 5.8 5.8 5.9 5.10 5.11 HYDROLOGY ................................ 33 5.4.1 Groundwater .................... 33 5.4.2 Surface Hydrology and Water Quality ..... 34 AQUATIC ECOLOGY ' . ........ 35 5.5.1 Benthic Resources ................. 35 5.5.2 Fish Resources and Marine Mammals ..... 39 5.5.3 Waterfowl ...................... 42 WETLANDS, SUBMERGED AQUATIC VEGETATION AND SHALLOW WATER HABITAT ..................... 42 5.6.1 Wetlands ....................... 42 5.6.2 Shallow Water Habitat .............. 46 5.6.3 Submerged Aquatic Vegetation ......... 48 TERRF.,STRIAL FLORA AND FAUNA ................. 48 THREATENED AND ENDANGERED SPECIES ........... 49 CULTURAL AND HISTORIC RF~OURCES ............. 49 AESTHETICS ................................. 50 CURRENT LAND USE WITHnq THE STUDY AREA ....... 50 SOCIOECONOMIC CHARACTERISTICS ............... 50 ENVIRONMENTAL EFFECTS ............................... 51 6.1 AIR, NOISE AND CLIMATE ....................... 51 6.1.1 Air .......................... 51 6.1.2 Noise ......................... 51 6.1.3 Climate ....................... 52 6.2 GEOLOGY, TOPOGRAPHY AND SOILS ............... 52 6.2.1 Geology ....................... 52 6.2.2 Topography ..................... 52 6.2.3 Soils ......................... 52 6.3 BATHYMETRY ............................... 52 6.4 HYDROLOGY ................................ 53 6.4.1 Groundwater .................... 53 6.4.2 Surface Hydrology and Water Quality ..... 53 6.5 AQUATIC ECOLOGY ........................... 54 6.5.1 Benthic resources ................. 54 6.5.2 Fish Resources and Marine Mammals ..... 55 6.5.3 Waterfowl ...................... 55 6.6 WETLANDS, SHALLOW WATER HABITAT AND SUBMERGED AQUATIC VEGETATION ............... 55 6.6.1 Wetlands ....................... 55 6.6.2 Shallow Water Habitat .............. 56 6.6.3 Submerged Aquatic Vegetation ......... 56 6.7 TERRESTRIAL FLORA AND FAUNA ................. 56 6.8 THREATENED AND ENDANGERF~D SPECIES ........... 57 6.9 FUTURE LAND USE ............................ 57 6.10 SOCIO-ECONOMIC IMPACTS ...................... 57 6.11 CULTURAL AND HISTORIC RF_~OURCES ............. 57 7.0 8.0 9.0 10.0 11.0 12.0 6.12 AESTHETICS ................................. 57 MITIGATION .......................................... 59 RELATIONSHIP OF SHORT-TERM USES AND LONG-TERM PRODUCTIVITY ....................................... 60 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES .......................................... 61 REFERENCES ......................................... 62 LIST OF AGF_~CI~, ORGANIZATIONS AND PERSONS TO WHOM COPIES OF THIS DOCUMENT WERE SENT ..................... 65 COMMENTS AND COORDINATION .......................... 66 12.1 INTERAGENCY COORDINATION ................... 66 12.2 PUBLIC PARTICIPATION ........................ 66 APPENDICES (Under Seoarate Coverl APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F ENGINEERING EVALUATION TRAFFIC/TRANSPORTATION ANALYSIS WATER QUALITY INVESTIGATIONS SCOPING COMMENTS AGENCY RF_.~PONSE LETTERS PUBLIC COMMENTS TABLE LIST OF TABLES PAGE TABLE 1 TABLE 2 TABLE 3 TABLE 4 TABLE 5 CAPACITY ESTIMATES FOR THE LESNER BRIDGE STOCKPILE SITE .................................. 19 AMBIENT WATER QUALYFY TEST RESETS ............... 37 F~I~UTRIATE TEST RESULTS ........................... 38 FISH SPF_~IES KNOWN TO OCCUR IN PLEASURE HOUSE CRF~F~K 41 AVIAN SPECIES KNOWN TO OCCUR IN PLEASURE HOUSE CREEK 43 FIGURE FIGURE 1 FIGURE 2 FIGURE 3 FIGURE 4 FIGURE 5 FIGURE 6 FIGURE 7 FIGURE 8 FIGURE 9 FIGURE 10 FIGURE 11 FIGURE 12 FIGURE 13 FIGURE 14 FIGURE 15 LIST OF FIGURF~ pAGE PLEASURE HOUSE CREEK SITE LOCATION ................. 4 PROPOSED CHANNEL LAYOUT ......................... :5 PLEASURE HOUSE CREEK FACILITY LAYOUT .............. 6 LYNNHA~ RIVER SYSTEM ......................... 11 ALTERNATIVE LOCATIONS ........................... 16 CRAB CREEK FACILITY LAYOUT ....................... 20 CRAB CR~K PHOTOGRAPHS ......................... 22 GREAT NECK PARK EXISTING USES .................... 24 GRF..~T NECK PARK PHOTOGRAPHS ..................... 2:5 LYI'rLE CREEK PHOTOGRAPHS ........................ 29 WATER QUALITY SAMPLING STATIONS .................. 36 OYSTER LEASES .................................. 40 WETLANDS ...................................... 45 SHALLOW WATER HAB~FAT .......................... 47 PLEASURE HOUSE' CREEK DRAFT ENVIRONMlZNTAL ASSESSlVlF~NT 1.0 INTRODUCTION In July of 1993, the City of Virginia Beach (City) engaged Langley and McDonald, P.C. to prepare an Environmental Assessment (EA) for the construction of a municipal boat launching facility in the Lynnhaven Bo_sin that would provide direct access to the lower Chesapeake Bay for recreational boaters (Figure 1). The EA consists of an alternatives analysis for siting the facility and an assessment of the environmental impacts of the preferred alternative. The need for a municipal boat ramp in the Lynnhaven Basin can be traced back to the 1970's when the City established the first of three boat ramp committees to begin looking for candidate sites. Since that time, the need for such a facility has increased steadily. According to the Department of Game and Inland Fisheries (DGIF, 1994), there are currently 21,373 registered boats in the Cities of Chesapeake, Norfolk and Virginia Beach, with over 11,500 in Virginia Beach alone. These numbers represent 10% and 5.5 % (respectively) of the entire state's boating population (210,000, as of December 1993). These numbers do not reflect the actual number of boaters which might use Virginia Beach launching facilities, since there is currently no system for tracking out of town boaters. The numbers also do not distinguish between trailered boats, those kept in slips or those kept in dry stack storage. Major boating centers in the City of Virginia Beach have emerged in the Lynnhaven and Rudee Inlet areas, with many boaters seeking the waters of the Lower Chesapeake Bay (particularly around the south end of the Chesapeake Bay Bridge Tunnel) for sport fishing. There are currently 25 boat ramps located in the City of Virginia Beach. Only two out of the 25 are located in the Lynnhaven Basin. Both facilities are available to the general public, offering direct access to the lower Chesapeake Bay. The City's population increased approximately 367% from 1960 to 1992 and continues in an upward trend. The 1990 population was 393,069 (C/p/of Virginia Beach, 1094(a)). With an increasing population, the number of boat owners is also expected to rise. The City has determined that in order to meet the recreational boating needs of the area, an appropriate location for a municipal boat ramp must be found. As such, an EA pursuant to the National Environmental Policy Act (NEPA) has been prepared. Components of this assessment include a thorough alternatives evaluation, engineering calculations, natural resource investigations and overall environmental analysis. Vicinity Map B,iles ~tlantie  La,Icy and McDonald, P.C. FIGURE 1 L~cepe Arbiters -- [n~r~m~tol ~nsultonts ~RGINIA B~ ~AMSBURG 2.0. PROJECT DESCRIFHON 2.1 LOCATION AND PRINCIPAL DESIGN FEATURES The site preferred by the City of Virginia Beach for the proposed boat ramp is located in Pleasure House Creek, near the intersection of Shore Drive and Marlin Bay Drive (Figure 2). It is approximately 1.3 miles from the Chesapeake Bay (Lesner Bridge) on a six acre parcel of land adjacent to the north shore of Pleasure House Creek. The project involves the construction of a two lane boat ramp, gravel parking for approximately 225 vehicles with trailers and a small boat access channel. The facility will consist of two double ramps with four launching points. The ramps will be constructed of reinforced concrete and will be 32 feet wide and 100 feet long. Elevated timber boarding piers will extend along both sides of each ramp for loading and unloading purposes. Parking will be provided for approximately 225 vehicles (172 pull-through spaces and :53 additional spaces). Other amenities will be located on site, including permanent restrooms, picnic facilities and other light recreational activities (such as volleyball or horseshoes). A preliminary site layout is shown on Figure 3. The access channel will be approximately four feet deep with three-to-one side slopes. One foot of overdredging by the contractor will be allowed. The bottom channel width will be, at a minimum, 60 feet. Fifteen foot buffers will be maintained along either side of the channel to reduce impacts to wetland areas. Figure 4 details the proposed channel layout. The material resulting from the dredging operation will be placed on the adjacent upland parcel (Figure 3). Appendix A contains the engineering evaluation completed for this project. 2.2 CONSTRUCTION AND OPERATION Construction and operation activities will include the actual construction of the ramps, parking areas and any necessary structures as well as other recreational amenities. One hundred foot long timber boarding piers will be elevated above wetland areas. The parking surface will consist of eight inches of compacted gravel. This surface will minimize stormwater runoff. The parking area will be constructed so that stormwater runoff is directed away from Pleasure House Creek. Shielded lighting fixtures will be constructed on site for 24-hour usage. The engineering evaluation in Appendix A contains additional construction details. The on-site dredged material containment area must be constructed prior to dredging the access channel in Pleasure House Creek. The containment area is approximately eight acres and will be enclosed by a seven foot high earthen berm with three-to-one side slopes. The access channel will be hydraulically dredged and the material will be pumped into the containment area. Time-of-year restrictions will be imposed in order to minimize impacts to any threatened or endangered species that may forage in, or occassionally visit, Pleasure House Creek. The boat ramp will be a "no-fee" facility and will be in operation 24 hours a day, seven days a week. Access to the site will be provided from Shore Drive, via Marlin Bay Drive. Traffic controls will be established to restrict access through residential side streets, thus ~13J.¥~ ~0 3003 3.LIS C13~1~3.-13~id au.rod asnoH PROPOSED CHANNEL WATER BUFFER EXIST. CHANNEL CONTOUR Pleasure House Point EDGE OF WATER PROPERTY BOUNDARY NOT TO SCALE NOT TO SCALE S33¥a'S ~ S3'lOd ll~FI U3.LVM JO ~0C!3 "IV.I.O~ =,0: X ,6 Sb'V3 =,Or X ,01. S~I31IV~J.. :ONI)l~lVd ~InO. LNO3 ~t3~UIN8 V minimizing neighborhood impacts. Trash receptacles, which will be maintained and emptied regularly by City staff, will be placed throughout the site. Water and sewer service will also be provided by the City, however, pumpout facilities will not be available. A no-wake zone will be established by City Ordinance along the access channel. 2.3 ESTIMATED PROJECT COST AND SCI~I}ULE The total construction cost for the Pleasure House Creek boat ramp project is estimated to be $854,205. An itemized project cost estimate is included in the engineering analysis (Appendix A). The estimated construction time for this project is six months. This includes all site work, utilities and dredging. 7 3.0 PURPOSE AND NEED 3.1 PRO~ECT HISTORY The history of an attempt to construct a municipal boat ramp in the City of Virginia Beach, near the waters of the lower Chesapeake Bay, can be traced back to the early 1970's when the City appointed the first of three boat ramp committees. The first, appointed in the 1970's, was charged with determining the need for a municipal boat ramp in the City and, specifically, in the Lynnhaven system. The committee concluded that the need for such a facility existed. At that time, the City of Virginia Beach modified an already existing permit (dated June 23, 1967) to include dredging an access channel in Pleasure House Creek for the construction of a boat ramp on the same site shown in Figure 2. The permit application for the facility was submitted in December of 1976 to the State and Federal environmental agencies. A permit was not issued and EnviroPlan, Inc. was hired by the City to prepare an Environmental Impact Statement (ELS) and determine the impact of constructing a boat ramp and dredging an access channel in Pleasure House Creek, the site recommended by the committee. The findings of EnviroPlan's study culminated in a Preliminary Environmental Impact Statement (PEIS). The PEIS, completed in May of 1976, compared several alternative sites to the proposed Pleasure House Creek site. Alternative locations included Little Creek, Long Creek, adjacent to Lesner Bridge and the No-Build alternative. It was determined that the Pleasure House Creek location would be the most practicable site from an engineering, environmental and socio-economic standpoint. Upon review of the PEIS, State and Federal regulatory and resource agencies determined that the project would require additional environmental studies (COVB, 1976). Nonetheless, in June of 1976, the City submitted a permit application to the U.S. Army Corps of Engineers (USACE) for dredging a channel in Pleasure House Creek. Conflicts between the agencies and the City could not be resolved and the project lay dormant for several years. In 1984, public concerns were once again raised with the Virginia Beach City Council about the lack of boat launching facilities in the marine waters around the City. As a result of this concern, City Council appointed a second committee to address the saltwater marina needs in Virginia Beach. This committee evaluated several properties that seemed suitable for the development of a saltwater marina that would provide access to the lower Chesapeake Bay. It should be noted, that the committee also evaluated locations that would provide access to the Atlantic Ocean (COVe, 198~0. In the course of identifying potential marina sites, the committee examined the Pleasure House Creek site. The property owner had offered to donate a five acre parcel for purposes of constructing a City-owned boat ramp. In return, the City would secure the necessary permits for constructing a boat ramp and dredging Pleasure House Creek. The committee researched the history of the Pleasure House Creek site and determined that, in order to pursue the site, additional environmental documentation would be necessary. The committee's final 8 recommendation was that a task force be appointed to actively aid in the development of water access facilities which promote the various interests of the City (COVB, 1984). The third boat ramp committee was not formed until 1987. In the interim, the City applied for a permit to dredge Crab Creek and construct a boat ramp. In November of 1984, the USACE issued a permit to dredge Crab Creek and construct a boat ramp on a sand stockpile site south of the Lesner Bridge (hereinafter referred to as the Lesner Bridge sand stockpile site) (USACE, 1984). The permit approved the removal of approximately 8,173 cubic yards of material from a 1,355 foot long channel in Crab Creek.~ It also approved the construction of two marginal wharves on the property. It should be noted that under a 1981 Local Cooperation Agreement between the City and the U.S. Government for the Lynnhaven Inlet and surrounding waters Federal Project, the USACE was given a permanent easement on the Lesner Bridge sand Stockpile site (USA, 1981). (This agreement is discussed in greater detail in Section 4.2.1). The USACE suggested that the City develop innovative engineering plans that would allow for dual use of the property. The plan consisted of burying the parking area with sand resulting from the Federal Project. The parking lot would then have to be reconstructed after the sand was trucked out. (USACE, 1990(a)). The boat ramp would essentially close down for extended periods during the placement of dredged material from the Lynnhaven Inlet Federal project and for the reconstruction of the parking area. These activities would make the facility more temporary in nature. It was determined that the dual use of the stockpile site for dredging operations and a boat ramp would be impracticable. The City relies on the sand stored on the Lesner Bridge site for resort beach renourishment, therefore activities that would negatively affect the renourishment program would detrimentally effect the resort area and tourism industry. Therefore, plans to construct a boat ramp on the stockpile site were set aside. At the direction of Virginia Beach City Council, the Lynnhaven Boat Ramp Committee was created in 1987. This committee was specifically charged with evaluating the need for a boat launching facility in the Lynnhaven Basin. The committee concluded that there is an urgent need for such a facility. In addition, it was determined that the facility should be "City owned and operated 24 hours a day, seven days a week for boat launching". Additionally the facility should support "multi-use" opportunities in the Lynnhaven Basin, with segregated parking for vehicles with trailers and vehicles only (COVB, 1988). This Committee evaluated several sites in the Lynnhaven Basin, including those evaluated in the 1976 EnviroPlan report. The Committee concluded that a boat ramp should be constructed on the Lesner Bridge Sand Stockpile site. The committee cited several reasons for selecting the stockpile site including City ownership, good access, obtainable permit and adequate space available for development of the boat ramp (while maintaining the capacity of the stockpile). The Committee also stated that in order for this to be a feasible alternative, the USACE would have to release their permanent easement on the site. Additionally, the City would have to secure an alternative site, in order to provide the USACE with a permanent dredged material placement location for the material resulting from the Federal navigation project. The Committee's final report to City Council was issued in May of 1988 (COVB, 1988). Confficts with the use of the 9 Crab Creek site for both a stockpile site for the Federal dredging project and a public boat ramp could not be resolved and the project, once again, was set aside. In 1991 the City hired a consultant to determine the feasibility of constructing a boat ramp in the Lynnhaven basin, specifically along Pleasure House Creek. Input was solicited from various State and Federal resource agencies. This study concluded that the construction of a boat launching facility at the headwaters of Pleasure House Creek was feasible provided that all impacts associated with the construction of such a facility and the associated access channel were thoroughly analyzed and presented in a NEPA document. In addition to Pleasure House Creek, the 1991 study briefly addressed the site located along Crab Creek. The study also concluded that the USACE easement on the property would preclude the construction of a boat launching facility ( CO VB, 1991). In June of 1992, the City entered into an agreement with the Riverwalk Corporation for the use of the Pleasure House Creek site for purposes of constructing a boat ramp. The agreement states that the Riverwalk Corporation will donate the six acres of land needed for a municipal boat ramp. The agreement also includes an easement for an access channel and an on- site dredged material placement area (shown on Figure 3). In return, the City will complete all necessary environmental documents, secure permits for the dredging of Pleasure House Creek and be responsible for maintaining the channel. As such, the City has reopened the project in order to identify a practicable alternative site for locating a public boat launching facility (Riverwalk, 1992). 3.2 WATERSItED CItARACTERISTICS The Lynnhaven Basin is an 8.77 square mile estuarine system consisting of the Western Branch and Ra.utern Branch of the Lynnhaven River, Linkhom and Broad Bays. All of these systems flow to the mainstem of the Lynnhaven and into the lower Chesapeake Bay. All tidal exchange occurs through the Lynnhaven Inlet. Although stream flow data is unavailable, the mainstem of the Lynnhaven is noted as having good flushing characteristics ($WC'B, 1992(a)). The Lynnhaven Basin is futher broken down into the Lynnhaven River system, consisting of Lynnhaven Bay, Lynnhaven River mainstem, Western Branch, l:~,tem Branch and all associated tributaries (Figure 5). It encompasses approximately 5.44 square miles and is listed by the Department of Environmental Quality, Water Division (DEQ-Water) as being water quality limited. This system drains approximately 60 square miles of the Coastal Plain province into the lower Chesapeake Bay. In general, salinities in the Lynnhaven waterbody are higher in the downstream portions and lower in the upstream portions. During periods of little precipitation, reverse gradients can form. Both the Western Branch and Eastern Branch are surrounded with commercial, industrial and residential development, which has an impact on water quality. Shellfish condemnations impact approximately 1,492 acres in this water system. The major point sources have been eliminated, however, most of the condemnations are attributed to non-point source pollutants ($WCB, 1992(a)). 10 I ! 1 I 1 1 ! ! ! ! ! ! ! ! ! ! ! I I The proposed boat launching facility would be located in the upper reaches of' Pleasure House Creek near the mouth of the Lynnhaven River. The Pleasure House Creek drainage basin extends from Lake Joyce to the mouth of the Lynnhaven River. The Creek's headwaters are located north of Shore Drive in the Baylake Pines residential section of the City. The drainage from this neighborhood and the adjacent Ocean Park residential area is routed to Pleasure House Creek through a culvert under Shore Drive and into the Lynnhaven system. The non-point source pollution resulting from these areas contributes to the overall water quality status of Pleasure House Creek. 3.3 STATEME~ OF PURPOSE The City of Virginia Beach recognizes the need for a recreational boat launching facility that will provide access to the lower Chesapeake Bay. The need for a launching facility has specifically been identified in the Lynnhaven Basin. The purpose of the Pleasure House Creek boat ramp is to satisfy these needs by providing a no-fee, municipally owned launching facility, available for use 24 hours a day year-round, located in close proximity to the lower Chesapeake Bay. 3.4 PROJECT NEED 3.4.1 Existing Launching Facilities As previously stated, there are only two boat launching facilities within Virginia Beach city limits that provide direct access to the Chesapeake Bay. These facilities are Bubba's Marina and Lynnhaven Waterway Marina, and both are privately owned. Bubba's Marina is located off of Shore Drive. This facility currently has parking available for approximately 50 vehicles with trailers and one double launching ramp. There is a $6.00 daily fee for using the ramp. While the ramp is never officially closed, operating hours are generally from 5:00 a.m. until 10:00 p.m. during the peak season. On average, approximately 25 boats a day use Bubba's during peak season weeks. That number increases to about 65 on the weekends (COVB, 1994(b)). In addition to the boat ramp, there is a bait and tackle shop, restrooms and a restaurant located on-site. Lynnhaven Waterway Marina is located off of West Great Neck Road on a peninsula that extends into Long Creek. This facility operates from 6:00 a.m. until 7:00 p.m. during the peak season and has 40 parking spaces and one double ramp. A $6.00 daily fee is charged for use of the ramp. Approximately 1,200 to 1,300-boats use Lynnhaven Waterway from May through September (Lynnhaven Waterway, 1994). Restrooms are available on site, as well as a bait and tackle shop. 3.4.2 Demand for Boat Launching Facilities As discussed in the Project History (Section 3.1), the need for additional boat launching facilities near the lower Chesapeake Bay can be traced back over two decades. More 12 recently, however, two reports, the Lyrmhaven Boat Ramp Committee, Report to City Council (May, 1988) and the USACE's Initial Appraisal Findings Report (USACE, 1992) have documented the demand for a launching facility in the Lynnhaven Basin. The 1987 Lynnhaven Boat Ramp Committee evaluated three basins (Little Creek, Lynnhaven and Rudee) and the existing launching facilities within each one. Only two of these basins, Little Creek and Lynnhaven Inlet, provide direct access to the Chesapeake Bay. The Committee determined that, the Lynnhaven area is ideal for locating a launching facility and that development and land use constraints prohibit the construction of such a facility in the Little Creek basin. At the time of the Committee's report, there were three launching facilities located in the Lynnhaven basin, down from six. This decrease was attributed to the changing land uses in the area. From the early 1970's until the Committee's report, parking for boaters had dropped from approximately 900 spaces to about 250 spaces (COVB, 1988). Since the 1988 report, one of the three launching facilities closed, leaving the two privately owned marinas (Bubba's and Lynnhaven Waterway) to serve the growing population of boat owners. There are currently less than 100 parking spaces available. While the available launching and parking facilities have decreased, the number of registered boats, in Virginia Beach alone, has increased by over 1,200 since the 1988 report (DGIF, 1994). As stated, Virginia Beach supports over 5.5% of the State's total registered boat population. Again, the number of boaters in Virginia Beach (11,500), does not reflect the total number of boats using Virginia Beach facilities, as many boaters travel from other municipalities or from out of state. The committee evaluated the concept of a municipally owned facility versus a privately owned facility. It found that, in the Lynnhaven Basin, the scarcity and high price of waterfront property and the relatively low rates of return generally preclude the private industry from being able to make profitable ventures out of boat ramps. The committee concluded that there was sufficient demand and a sense of urgency attached to the provision of a new boat launching facility (COl/B, 1988). In 1992, at the request of the City of Virginia Beach, the USACE conducted 'a reconnaissance study to determine the need for, and feasibility of, modifying the existing federal maintenance project for Lynnhaven Inlet, Bay and connecting waters. As part of the study a preliminary survey of recreational boating activity in the region was completed. The results of the USACE's investigations indicated that sufficient demand exists in the area to warrant the construction of a boat ramp. The USACE also stated that a substantial need exists for additional launching facilities to keep pace with demand, alleviate congestion, enhance boating safety and increase the general boating recreational experience (USACE, 1992). On March 16, 1994, after initiating the EA for the Pleasure House Creek site, the City conducted a public information meeting at Frank W. Cox High School that over 220 citizens attended. The basic project was outlined to the public at the information meeting and citizens were given the opportunity to submit oral and written comments. Many commentors expressed a sense of urgency with respect to the need for a City-owned launching facility. 13 The need for a boat launching facility was communicated at the public meeting.' The comments largely centered around where the facility should be constructed, not whether it should be constructed. The community feels that the demand for a launching facility exists and that there is an immediate need for a municipally owned facility. One speaker asked for everyone in favor of a new public boat ramp to raise their hands. While an official count was not taken, at least 75 % of the audience responded. In addition to the oral comments, a petition and several written statements were received at the meeting endorsing a public boat ramp. The petition contained 412 signatures, written statements from the Atlantic Coast Conservation Association of Virginia (ACCA) (with over 250 members) and from the Virginia Anglers Club (VAC) support the construction of a boat launching facility in the Lynnhaven Inlet area. The locational preferences discussed in the letters are addressed in the section called ALTERNATIVES (Section 5.0). In summary, the demand for a boat launching facility in the Lynnhaven Basin can be traced back to the late 1960's. The City, the USACE and the citizens of the area have all expressed the need for such a facility. An alternatives analysis was undertaken in order to determine which alternatives were the most practicable, and subsequently evaluated. 14 4.0 ALTERNATIVES 4.1 FACTORS TO CONSIDER IN ~ DEVELOPMENT OF ALTERNATIVES The alternatives analysis for the proposed municipal boat launching facility is generally three faceted. Engineering, Environmental and Socioeconomic factors were evaluated in order to determine which alternative is the most practicable while minimizing environmental impacts. Each alternative was evaluated based on both qualitative and quantitative engineering criteria. These criteria included distance of site from the lower Chesapeake Bay, construction cost, availability of nearby dredged material placement areas, ability of the site to handle the facility (as programmed), associated parking and amount of dredging required. Potential environmental impacts were also qualitatively and quantitatively evaluated for each alternative. Existing information such as the United States Geological Survey mapping (USGS, 1973), the Fish and Wildlife Service's National Wetland Inventory (NWl) (USFWS, 1993), aerial photography and City of Virginia Beach mapping were consulted in order to identify important natural resources and evaluate each alternative's potential impact to the natural environment. Evaluation criteria included impacts to shallow water habitat, wetland impacts and terrestrial habitat loss. The criteria used to evaluate each alternative for potential socioeconomic impacts included community impacts, traffic impacts, aesthetic impacts and noise impacts. 4.2 ALTERNATIVES CONSIDF_,RI~ BUT NOT FURTHER EVALUATF~D Through the inter-agency scoping process, consultation with local officials and the public information meeting, eight alternative locations were identified for the placement of a boat launching facility (Figure 6). The alternatives are in addition to the Pleasure House Creek alternative and are as follows: · CRAB CR~K · GREAT NECK PARK · SEASHORE STATE PARK · BUBBA'S MARINA · LYNNHAVEN WATERWAY MARINA · LITFLE CRF~I~ (COAST GUARD SITE) 15 S NAVA SOURCE: USGS lITTLE CREEK, VA QUADRANGLE N LYNNHAVEN BASIN SITE 1 SITE 2 SITE 3 Sn'E 4 SITE 5 SITE 6 srrE 7 PLEASURE HOUSE CREEK PLEASURE HOUSE POINT CRAB CREEK BUBBA'S MARINA LYNNHAVEN WATERWAY MARINA GREAT NECK PARK SEASHORE STATE PARK LITTLE CREEK BASIN SITE 8 JONATHAN CORP. SITE 9 USCG STATION FIGURE 6 · LrI'II,E CREEK 00NATHAN CORPORATION SITE) · PLEASURE HOUSE POINT The following elements were considered to be very important in determining whether each alternative site is practicable and could reasonably be obtained, for purposes of constructing a municipally Owned boat launching facility: · Current ownership (i.e. private, Federal, State or City) · Conflicts with current use (i.e. public park, industrial, commercial, Governmental) · Availability It was determined that the above alternative sites are not reasonably available for purposes of constructing a municipally owned boat ramp. Each alternative was thoroughly investigated (within the scope of this EA) by conducting personal interviews with property owners, evaluating all reasonably available information and field reconnaissance. The following is a discussion of each alternative, its potential for supporting a municipally owned and operated boat launching facility and the factors that precluded the site from being carried forward for further evaluation. 4.2.1 Crab Creek Construction of the Lynnhaven Inlet, Bay and Connecting Waters channel was authorized by the River and Harbor Act of 1962 (Public Law 87-874, 87th Congress, 2nd Session), The project assumed Federal maintenance responsibilities for a turning basin at the mouth of the Lynnhaven River and navigation improvements to Long Creek and surrounding waters. Subsequent to that authorization and prior to 1981, beach quality material from the maintenance dredging of this project was placed on various privately owned sites within close pumping distance of the project. The maintenance dredging of these waters has historically provided, and continues to provide, high quality sand suitable for Oceanfront renourishment. Some of the dredged material was hauled by truck to the resort area of Virginia Beach as pan of the Virginia Beach Erosion Commission's beach maintenance program. However, in exchange for permission to use the private sites, the government normally allowed the property owners to retain up to 50% of the dredged material as improvement to their property. On September 30, 1981, the City of Virginia Beach entered into a Local Cooperation Agreement with the United States of America, as part of the Federal Navigation project. This agreement required that the City 'provide without cost to the United States...suitable areas determined by the Chief of Engineers to be required in the general public interest for initial and subsequent disposal of spoil and necessary retaining dikes, bulkheads, and embankments therefor'. As a result of this Local Cooperation Agreement, the City acquired title to a 16 acre tract of land immediately west of the Lynnhaven Inlet mining basin (Crab Creek alternative site, 17 Figure 6). This site was to be used as a permanent dredged material containment area and sand reserve (the Lynnhaven sand stockpile) for material from the future maintenance dredging of the Lynnhaven Inlet project (USA, 1981). The Lynnhaven sand stockpile was purchased by the City specifically to provide a permanent placement site for dredged material from the maintenance dredging of the adjacent Federal navigation project. It is ideally located adjacent to the dredging area, adequately sized for the volumes dredged, impacts very few residents, and is well located with regard to local roads. There are no other sites within a reasonable pumping distance of the project that meet the necessary criteria of location, size and minimal impacts. In the Spring of 1982, the first placement of dredged material occurred at the Lesner Bridge site. At that time, approximately 253,000 cubic yards of material was placed on the property. The Lynnhaven Federal navigation project requires maintenance dredging about ever three to four years. The dredging is accomplished by hydraulic dredge. Subsequent maintenance dredging events and their volumes placed in the Lynnhaven Stockpile are as follows: 1984 - 211,147 cubic yards; 1987 - 215,000 cubic yards; 1991 -179,700 cubic yards; and 1994 - 167,375 cubic yards. In 1987 and 1991 an additional 40,000 cubic yards of material was placed on Ocean Park Beach. The material placed in this area, located west of Lynnhaven Inlet, was used as nourishment to address beach erosion (US,ICE, 19514). In addition to serving as a dredged material placement site, the Lynnhaven sand stockpile also provides a valuable source of material for the nourishment of the resort beach at the Oceanfront, also a joint City/Federal project. Since the initial restoration of the Oceanfront beach in 1952, the City has conducted a highly successful program of annual beach nourishment in order to maintain a recreational beach. The ~front area of Virginia Beach is the linchpin of tourism for the area. It normally undergoes considerable erosion during the winter months as a result of passing storms. Past sources of beach quality material for the Ocean~ont have included privately owned borrow pits, publicly owned borrow pits, dredged material from Thimble Shoals Channel and dredged material from Lynnhaven Inlet. If funds allow, 150,000 cubic yards of material from these sources is placed annually by truckhaul on the resort beach. Over the past 10 years, the Lynnhaven Stockpile has been the source of 720,000 cubic yards of excellent beach quality material resulting from maintenance dredging operations. The City has included the Lynnhaven Stockpile as the base bid in every truckhaul bid request, except 1993. The only other sources used for beach quality material hauled by truck have been borrow pits. These sources were utilized in 1987, 1990, 1991 and 1993. However, the Lynnhaven Stockpile material is preferred, primarily due to cost and quality of the material. The dredged material has been ~washed* by the hydraulic dredging process to remove the fine sediments. Consequently, the material is coarser and more closely matches the grain size of material on the beach. Additionally the grain size provides for better retention of the material on the beach. The cost of hauling the material is related purely to distance, since the material itself is City owned. This concept is a distinct advantage over borrow pit material which may contain fine sediments and, unless publicly owned, the material must be purchased at the site. 18 As stated in Section 3.1 (PROJECT HISTORY), the City received a permit from the USACE for the dredging of Crab Creek and construction of a boat launching facility in November of 1984 (Figure 7). This permit has since expired. A special condition in the permit stated that, the permit does not "...authorize the interference with any existing or proposed Federal Project...". Additionally, the permit stated that the placement of dredged material from the Lynnhaven Federal Project Channel will cause disruption or destruction of the paving surface (USACE, 198,i). Because the launching facility would operate 24 hours a day throughout the year, the City determined that dual uses of the property, for boating access and dredged material placement, were not compatible. Consequently, the City has never activated the permit on the stockpile site. In April 1990, the USACE completed a site capacity analysis for the City on the Lesner Bridge stockpile site. The purpose of the report was to evaluate the impact of a permanent boat ramp on the stockpile site. The USACE was charged specifically with determining whether sufficient capacity for sand from the Federal project would remain on the site if a boat ramp was constructed. In a letter to the City, the USACE confirmed, based on the capacity analysis, that the Lesner Bridge stockpile site would not have adequate capacity to support Federal dredging operations if a boat ramp facility is constructed on the site (USACE, 1990(a)). Table 1 summarizes the capacity estimates made by the USACE (USACE, 1990(o)). Additionally, with the perpetual easement in place, the City could not prevent the USACE from placing sand on any parking facilities associated with the boat ramp (US, iCE, 1993(a)). TABLE 1 CAPACITY ESTIMATES FOR THE LESNER BRIDGE STOCKPILE SITE Capacity Without Boat l~amp Dike Elevation 20 Feet Capacity With Boat Ramp Dike Elevation 17 Feet Fill Elevation 18 Feet Fill Elevation 15 Feet Dike Volume 29,000 Cubic Yards Dike Volume 15,000 Cubic Yards Contained Volume 108,000 Cubic Yards Contained Volume 32,000 Cubic Yards 137,000 Cubic Yards Total Volume Total Volume 47,000 Cubic Yards * Source: USACE (1993(b)) If the Lynnhaven sand stockpile was to be reduced in capacity to accommodate a boat launching facility, the Oceanfront beach nourishment program would be significantly and adversely impacted. The City would be required to purchase borrow pit material (which is generally of lesser quality) at a greater cost. Since the fine sediments in borrow pit material would wash out on the beach, the City would have to place substantially more than 150,000 19 $30¥dS OD'~ :"I~.LO.I. I,g '=,0: x ,6 8gL -,O'k x ,01, S~13"IIVB.I. :ONINaVd / - , o'~- · '. '."'. '." ', '." '. '."'." '~ '.'." '. 9'-'." '. '.";",'/ !o~- .'.'.'.'.'.'.'.'.'.'.'.'.'. %'0' '.'-'.?:'.'-'.'."~f-' .~ ................ ,, ..:,',.'....'/....'. ~ ~,,,~,.~-~ £ V ~o,,- ................... ,,~, ..,.... ~. .- : ..:....:..:......:....... i '.:'..' ~r]-';~. / r¥ ~o,-....,....... ,.......,..../, L ~L ~ ~ Jr ~iO,~=a-a "' "~ "' "' " '"' "' /' "'~'/ ' ~: o'~.+ · '.' · '. '~' '.' "',,,' '.' · '.' '; ' t - , ..., .{., .'.,,, ...'....¢. /' , ~.......~.-.../.........;.,.. ~.'.'.'.'.'.':5'.'..' ' '.'.'; ; '.1' .'.' .'.'.'.' .'/ ,,, S3'lOd .LHOI-I -9- ~L-gJ.V,~ .~) 3003 L~?~..... ;t:IIgO. LNOO 93NNVHO '.I. SIX3 / j I '1 I I I t~13.4.dnB 93NNVHO O]SOdO~ld --- CRAB CREEK AL TERNA 77VE ' Site Photo~lraPhe PROPOSED BOAT RAMP LOCATION ON NORTHWESTERN PORTION OF LESNER BRIDGE STOCKPILE SITE CRAB CREEK LOOKING SOOTH FIGURE 8 cubic yards in order to retain 150,000 cubic yards on the beach. This overfill ratio would also increase the cost of beach nourishment. Other engineering constraints center around Crab Creek itself. This alternative would involve dredging a channel approximately 1,500 feet (generating 14,000 cubic yards). The 1984 permit application shows a 50 foot wide channel. From bank to bank, at the widest point, Crab Creek is approximately 250 feet wide (Figure 8). According to the USACE (1995(b)), the channel in Crab Creek is too narrow to support the boat traffic generated by a municipal boat ramp. There would be little room for turning movements within the confines of Crab Creek. Additionally, some properties along the western shore have piers and boats. This significantly reduces the width of the usable channel. The mouth Crab Creek has gradually decreased in width to less than 2~J feet at high tide and is almost completely closed at Iow tide. The channel should be as wide as possible to permit simultaneous entrance and exit of the widest boat anticipated (Pile Buck, Inc., 1990). The cost for this alternative is estimated to be approximately $552,000. Appendix A contains the engineering evaluation completed for this alternative. A traffic and transportation analysis was completed in order to determine the impact of a boat launching facility on the current Ixaffic circulation on Shore Drive, in the vicinity of the Lesner Bridge. This analysis is detailed in Appendix B. Significant intersection improvements, such as adding a traffic signal and improving the left turning lanes, would be required for this alternative. These improvements would add approximately $90,000 to the construction cost of the Crab Creek alternative. Community impacts may result from the placement of a boat launching facility on the sand stockpile site. Transportation improvements that would be necessary in order to improve access to the site may directly impact those residents living near the northwestern portion of Crab Creek. The City of Virginia Beach received 71 copies of a form letter signed by residents living adjacent to Crab Creek stating opposition to the construction of a public boat launching facility on the stockpile site. Additionally, vehicular traffic will be directed through a residential area. Direct impacts to the residents living along Crab Creek will result with the dredging of an access channel. Boats that are currently kept in Crab Creek may have to be relocated. Additionally, residential piers extending into Crab Creek may be impacted. Environmental impacts associated with the actual boat ramp would be relatively minor with this alternative. There is a fringe marsh located along the base of the sand stockpile that would be eliminated by the construction of the ramps and, in some are~, by the channel. Because of the narrow width of Crab Creek from the northern end of the stockpile site to its confluence with Pleasure House Creek, an acc~s channel would essentially be 'bank to bank" in some areas. In order to minimize the impact of wave action on fringe wetlands, the USACE generally requires 15 foot buffers between the edge of the fringing wetlands and the top of the channel. This buffer requirement could not be maintained with this alternative. Based on the above information, it was determined that the Crab Creek site is not viable because a suitable substitute sand maintenance reserve for the Oceanfront beach replenishment 21 cannot be located. Construction of the boat ramp, without providing such a site, would have a direct, adverse effect on the annual Oceanfront beach replenishment program. This effect would, at a minimum, substantially increase the annual cost of the beach replenishment operation and possibly reduce the amount of material available for beach nourishment each year. With approximately 2.5 million tourists visiting the City every year, the City cannot afford to lose the Oceanfront nourishment program. Therefore, this alternative was excluded from further evaluation. 4.2.2 Great Neck Park Great Neck Park, a City owned facility, is located along Shorehaven Drive off of Great Neck Road (Figure 6). It is approximately 2.6 miles from Lesner Bridge, on the Eastern Branch of the Lynnhaven River. Wetland swales extend through the property on the northern and southern portions of the park. This 80.8 acre site is currently maintained by the City as a very quiet, passive recreational area. A walldng trail leads visitors through the upland forest to large wooden gazebo. Approximately 30 weddings are held at the gazebo annually. In addition to the existing gazebo, City site plans show additional scenic overlooks and trails planned throughout the park (Figure 9). The Virginia Beach Parks and Recreation Department objects to the proposal to construct a boat launching facility and associated parking on Great Neck Park property, since the development of a boat ramp would be incompatible with the objectives and current uses of the park. The park is designed for light recreational activities including a softball field. The existing gazebo and related walks and pathways are very quiet and serene in character. The park maintains a natural quality and a boat ramp would detract from that quality (Figure 10) (COl'B, 1994(c)). Parking and vehicular movements through the park would also be a problem with a boat ramp. The current parking area can accommodate 240 cars. According to the City (1994(c)), the existing parking area at the park is not appropriate in size or designed to accommodate vehicles with trailers. Additionally, vehicular access to a boat ramp would cause considerable confficts and safety hazards for the playgrounds, picnic areas and passive areas located adjacent to the existing parking. Developing additional parking for boat ramp users would require clearing a substantial portion of the natural wooded area of the park (COVB, 1994(c)). A municipal boat launching facility would constitute a new use that is not compatible with the current park program. The City feels strongly about maintaining the planned use of the area as a quiet, serene park, where water resources are enjoyed from scenic overlooks. Consequently, this alternative was excluded from further study. 23 GREAT NECK Alternative L oca tio, SOURCE: VIRGINIA BE. ACH CITy TOPO. Municipal Park Improvements Plan I~IGURE 9 Langley and IvlcOoneJd, P.C. ~- ~ T NECK PARK AL ~ TIVE ~ite Photogr~phe ENTt~INCE TO GREAT NECK PARK GREAT NECK PARK GAZEBO, LOOKING OUT INTO THE EASTERN BRANCH OF THE LYNNHAVEN RIVER FIGURE 10 4.2.3 Seashore State Park The State of Virginia operates a boat ramp at Seashore State Park on Broad Bay. It is located at the end of 64th Street in the City of Virginia Beach (Figure 6). A hrge wetland swale extends laterally along the northern portion of the parking area and a dredge material placement area bounds the parking area to the south. This site is approximately 4.2 miles from the Lesner Bridge. A $6.00 launching and parking fee is charged when entering the park. The use of this site as an alternative to Pleasure House Creek, would involve significant expansion of the existing facility. The current facility has one double ramp and approximately 200 parking spaces. During the peak season, park officials are forced to turn people away due to the limited capacity of the site. Based on a site visit and consultation with park officials, several engineering, environmental and socio-economic constraints were identified that would preclude this site from meeting the project purpose and need. First and foremost, the purpose of the Pleasure House Creek project is to provide quick and easy access to the Lower Chesapeake Bay. The trip to Lynnhaven Inlet from Seashore State Park is approximately 30 to 45 minutes. This alternative does not satisfy the basic project purpose. Secondly, according to State Park officials, Seashore State Park is a State-owned facility and General Assembly and Administration approval would be necessary in order for the park to lease any portion of the site to the City. (Seashore State Park, 1994). While expansion of the actual ramp is possible, based on the current layout, additional parking would be problematic. The only available area for additional parking is the dredged material placement area. Significant grading would be necessary in order to make this area feasible for parking. This activity would create the additional need of finding a suitable placement area for that material. The access road is a narrow, winding two-lane facility, currently below standard for the existing traffic volumes. Significant improvements would be necessary in order to accommodate the traffic generated with an expanded facility. According to park officials, existing utilities, such as power and water, would not be able to handle the additional capacity associated with an expanded facility. Additionally, sewer service is not currently available at the site. Boats currently using the park ramp are generally less than 20 feet, therefore some dredging would be necessary in order to handle larger trailered boats (Seashore State Park, 1994). This would then create the need for a dredge material placement area, in addition to that space needed in order to place material resulting from the grading of the parking area. From an engineering standpoint, Seashore State Park is not a suitable location for a municipal boat ramp. The environmental impacts of expanding the Seashore State Park boat ramp would be relatively minimal. Some dredging would be required in order to make the channel accessible to larger draft boats. (Seashore State Park, 1994). An almost complete renovation of park infrastructure (in proximity to the existing boat ramp) would be necessary in order to accommodate a City-owned boat ramp. Additionally, 26 because the park is a State-owned facility, the City does not have any control over operating procedures. Finally, the 30 to 45 minute travel time does not constitute quick and easy access to the Lower Chesapeake Bay. Based on these reasons and others mentioned above, this alternative was excluded from further analysis. 4.2.4 Existing Launching Facilities The only two launching facilities in the City of Virginia Beach that provide access to the lower Chesapeake Bay, Bubba's Marina and Lynnhaven Waterway Marina, were investigated as alternatives to the Pleasure House Creek site (Figure 6). Both facilities are currently privately owned. Bubba's Marina This facility has one double ramp and approximately 50 parking stalls. The owner of this property has plans to expand the on-site capacity to 75 stalls. Improvements to an off-site area will provide an additional 25 stalls. All counted, Bubba's plans to provide 100 parking spaces for the 1994 boating season. To date, a site plan for these improvements has not been filed at the City of Virginia Beach. The property owner is working to secure a lease from the City of Virginia Beach for property located along Shore Drive. If a lease agreement could be arranged, approximately 55 additional parking stalls could be added (COVB, 1994(o)). A reconfiguration of the ramp would be necessary in order to add another launching point. The site is surrounded by commercial development and expansion is severely limited. Lvnnhnven Waterway Marina This facility has approximately 40 parking stalls and one double ramp. It is located on a peninsula, therefore, expansion is essentially impossible. Although the facility does not keep a daily account of the number of boaters using the facility, it is generally filled to capacity during the peak season. There are approximately 1200 to 1300 launchings between May and September. The property manager stated that there are expansion possibilities, however, space is a limiting factor (Lynnhaven Waterway, 1994). While limited expansion is possible at beth of the facilities, the fact that both are privately owned cannot be ignored. Both the City and the general public have identified the demand for a public boat ramp; one that is free of charge and open 24 hours a day for general use. Both of the private ramps charge a $6.00 launching fee and have restricted launching hours. The City cannot control the general operating procedures at the private facilities. The City's intent is to provide a public boat launching facility that is free to uae 24 hours a day. The use of either or both of these private facilities does not satisfy the established project definition, therefore, they were excluded from further evaluation. 4.2.5 Little Creek The Little Creek Basin (shown on Figure 6) is very busy, with pleasure craft from existing marinas, military craft from both Little Creek Naval Amphibious base and the Coast Guard Station and industrial craft. This area is the only deep water area that supports 27 commercial/industrial activities. These operations all add to the current congestion of the waters of this basin on a daily basis. However, based on input received at the public information meeting, two alternative sites were investigated in the Little Creek Basin (Figure 6). One site is located on U.S. Coast Guard property, just west of the Jonathan Corporation property and adjacent to the Little Creek Naval Amphibious Base (Figure 11). The only access to the alternative site is through the Naval Base itself. Based on consultations with the Coast Guard, it was determined that this property would be unavailable to the City of Virginia Beach. The property will be undergoing complete renovation in order to better suit the needs of the Coast Guard. New piers are planned for the waterfront area. The Coast Guard indicated that all of the laud and waterfront areas are currently being u 'tflized for Coast Guard missions (U$CG, 1994). These reasons preclude the site from further investigation as a municipal boat launching facility alternative. The second site evaluated in the Little Creek Basin is located on Jonathan Corporation Property (Figure 6). The alternative site area is currently leased by Marine Contracting Corporation. The V~rginia Responder, an emergency response ship, is located to the east and Sadler Materials, a concrete batching plant, is to the west. The entire area is under heavy industrial use (Figure 11). The Commanding Officer of the Little Creek Naval Amphibious Base expressed ~serious concerns~ about the proposal to utilize that portion of the Little Creek basin for pleasure craft. In addition to the traditional Navy vessels that use the basin, the Special Warfare commands located on the base are expanding their operations. This will involve greater numbers of small to medium-sized waterborne craft. The subsequent congestion created by the addition of a municipal boat ramp would have a negative impact on navigational safety and the Navy's assigned mission. The Navy ~cannot endorse the project~ (Dept. of Navy, 1994). Based on investigations of the two alternatives located in the Little Creek basin, existing land use, as well as conflicts arising from the introduction of pleasure craft into the area, preclude these alternatives from further consideration. The safety of pleasure boaters as well as military personnel would be compromised if a municipal boat launching facility is constructed in the proposed area. 4.2.6 Pleasure House Point This alternative site is located near the mouth of Pleasure House Creek (Figure 6). This parcel is currently privately owned and is not available for purchase. It is generally the City's policy not to condemn private property for recreational purposes. Because this privately owned parcel of land is not available to the City for purchase, it was excluded from further evaluation. 28 · '~ LITTLE CREEK ALTERNA71VE$ ~ite Photo~lraphe JONATHAN CORPORATION SITE U.S. COAST GUARD PROPERTY FIGURE 11 4.3 ALTERNATIVES CONSIDERF~D FOR FURTHER STUDY 4.3.1 No-Build Alternative In order to be consistent with the requirements set forth under NEPA, full consideration was given to the no-build alternative, and its consequences. The no-build alternative would involve letting the existing boat launching facilities in the City of Virginia Beach handle the growing number of boats. As previously stated, the demand for additional boat launching facilities can be Waced back at least 20 years. The number of launching sites within the City has decreased over the years while the number of registered boats continues to rise. As discussed, the City has more registered boats than any other municipality in the State. The Chesapeake Bay provides a multitude of recreational opportunities.' The City is currently underserved in the area of boating access to the lower Bay, with only two launching facilities in the Lynnhaven Basin. As evidenced by input received at the public information meeting, the no-build alternative would not alleviate the demand for boating access. Both the City and the citizens have identified a definite need for an additional launching facility. Failure to implement this project may force boaters to travel elsewhere in order to launch their boats. This could negatively impact a City that depends on its water resources for a good portion of its revenue. The no-build alternative would not involve environmental impacts, above and beyond those that currently exist with pleasure boating, however this alternative does not address the need. 4.3.2 Pleasure House Creek The preferred alternative is the Pleasure House Creek site (Figure 2). This site encompasses an area approximately six acres in size and is located near the intersection of Shore Drive and Marlin Bay Drive, along Pleasure House Creek. The site is approximately 1.3 miles from the Lesner Bridge. The property has been offered to the City for purposes of constructing a boat ramp, therefore, is readily available. The remainder of the EA focuses on the environmental setting of the proposed project on Pleasure House Creek and the environmental consequences of constructing a City-owned boat ramp and access channel. 3O 5.0 AFFF_.,CTEn ENVIRON1V~NT 5.1 AIR, NOISE AND CLIMATE 5.1.1 Air The Air Division of the Virginia Department of Environmental Quality (DEQ-Air) is charged with administering the Federal Clean Air Act within the State of Virginia. The National Ambient Air Quality Standards (NAAQS), as promulgated by the Environmental Protection Agency (EPA), serves as the basis for determining air quality in the Commonwealth. Criteria pollutants monitored by the Air Division include sulfur dioxide, nitrogen dioxide, carbon monoxide, lead, particulate matter and ozone (DAPC, 1992). The EPA published nonattalnment areas in thc November 6, 1991 Federal Register. The entire Hampton Roads area is currently listed as a marginal nonattainment area for ozone. Virginia ozone nonattainment areas were based on 1987-1989 monitoring data. All other air quality parameters are within the NAAQS (DAPC, 1992). 5.1.2 Noise The Pleasure House Creek study area is primarily residential with commercial development generally confined to Shore Drive. The Ocean Park residential community is located on the north side of Marlin Bay Drive and Bayville Farms is located across from the proposed site. Based on current uses, noise levels in this area are assumed to be low to moderate. Shore Drive itself is a major arterial highway, and as such, noise levels may be somewhat higher in the area during the peak tourist season. 5.1.3 Climate The climate of the State of Virginia is classified as humid sub-tropical, with long hot summers and mild winters. The Atlantic Ocean has a moderating effect on the climate in the Hampton Roads area, especially in the Autumn and Winter (Terwilliger, 1991). The average winter temperature is 42°F. During the summer, temperatures average 77°F with the daily average maximum temperature of 85°1: (SCS, 1985). During the summer months, the intense heating of the land surface creates convection currents which cause the moisture-laden subtropical air to rise. The cooling of this air, as it rises, leads to summer afternoon and evening showers and thunderstorms, which are very common in southeastern Virginia. ~xgasionally, weather systems (called northeasters) move up the coast in a north-south direction. These are some of the heaviest storms and they are frequently responsible for over half of the annual precipitation (Terwilliger, 1991). The average annual precipitation for the City of Virginia Beach is 45 inches. Of this amount, over 50% usually falls from April to September (SCS, 1985). The growing season in Virginia Beach is one of the longest in the state, approximately 259 days (Terwilliger, 1991). 31 5.2 GEOLOGY, TOPOGRAPHY AND SOILS 5.2.1 Geology The City of Virginia Beach lies entirely within the Coastal Plain physiographic province. It is underlain by unconsolidated deposits of gravel, sand and clay that range in age from Lower Cretaceous to Holocene. These deposits rest on a bedrock basement of Precambrian to Triassic/Jurassic age. The deposits are divided into six geologic units (SWCB, 1981). The Patuxent Formation of the Early Cretaceous age is found directly on top of the bedrock basement. This formation is an alternating sequence of gravel, coarse sand and silty and sandy clay beds. Transitional beds of early Cretaceous age are found above the Patuxent Formation. These beds consist of sand, silt and clay.' The Mattaponi Formation is of Upper Cretaceous, Paleocene and Eocene age. This is characterized by beds of quartz-glauconite sand, glauconite clay and shell, of marine origin. The Calvert Formation is of the Miocene age and overlies the Mattaponi Formation. This formation is commonly consolidated and consists of clay and silty clay. Medium to coarse sand may be found in this formation. The next formation is the Yorktown Formation. This consists of more abundant and coarser sand and gravel beds and more abundant, thicker shell beds than found in the Calvert Formation. The Columbia Group is the uppermost geologic unit. It is characterized by beds of light colored clay, sand and silt. Its thickness ranges from 20 to 50 feet (SWCB, 1981). 5.2.2 Topography The Coastal Plain of Virginia slopes gently to sea level from a maximum elevation of 60 meters (at the Fall Line) (Tenvilliger, 1991). Virginia Beach is characterized by narrow, subdued, well drained ridges; broad, poorly drained flats; and coastal areas. The ridge crests are approximately 5 to 15 feet above the lower lying flats. The Oceana Ridge, located in the northern portion of the City can extend 25 to 30 feet above sea level in some areas. The coastal area of the City consists of marshes, beaches and dunes. While the dunes typically range from 20 to 25 feet in elevation, most of the area is nearly level to gently sloping (SCS, 1985). The Pleasure House Creek site is generally flat, with on-site elevations ranging from IS feet to three feet. The site gently slopes downward towards Pleasure House Creek, with the lowest elevations being found along the Creek. 5.2.3 Soils According to the Soil Survey of the City of Virginia Beach (SCS, 1985), only one soil type is found on the Pleasure House Creek site. This soil type, Psamments, is found mostly in coastal areas where sand dunes have been disturbed or where dredging operations occur. It consists of deep, well drained and moderately well drained sandy material that has been disturbed. Disturbance may be related to excavation, filling or grading. These areas are irregularly shaped and have slopes ranging from 0 to 25 percent. 32 Existing with Psamments, are small undisturbed areas of excessively drained Fripp and Newhan soils, moderately well drained Corolla and Lakehurst Variant soils, poorly drained Duckston soils and other soils that are not as well drained as Psamments. Permeability is very rapid, the available water capacity is very low and surface runoff is slow. 5.3 BATHYMETRY In October of 1993, a hydrographic survey was completed in Pleasure House Creek. The existing channel depths range from + 1.0 feet to -5.0 feet at mean low water (mlw). The average is approximately 2.0 feet rnlw. There is no historical hydrographic information available for Pleasure House Creek, therefore, there is no information on the shoaling rates within the Creek. 5.4 HYDROLOGY 5.4.1 Groundwater There are four aquifers that underlie the Cities of Norfolk, Chesapeake, Portsmouth and Virginia Beach. They are as follows: 1) Water Table aquifer, 2) Yorktown aquifer, 3) Eocene-Upper Cretaceous aquifer and 4) Lower Cretaceous aquifer. There are confining beds between the aquifers that retard, but do not prevent vertical movement of groundwater. The Lower Cretaceous aquifer is the most confined aquifer out of the four (SWCB, 1981). Beds and lenses of sand and some gravel, shell beds, silt, sandy clay and clay make up the Water Table. Because the sediments were deposited in a complex marine estuarine environment, the water-bearing strata are very heterogeneous and discontinuous. WeB yields for this aquifer range from 5 to 50 gallons per minute (gpm) (SWCB, 1981). The Yorktown aquifer is found below the Water Table, separated by beds of silt, chy and sandy clay about 20 to 40 feet thick. The water-bearing zones of this aquifer are found in the upper 50 to 100 feet of the Yorktown formation. These zones are composed of beds of fine to coarse sand, gravel and shells that are 5 to 20 feet thick. The Yorktown aquifer is actually composed of three major sand units, the upper, middle and lower units. These units are separated by silt and clay beds. Well yield is 12 to 304 gpm (for public, commercial or industrial supply). Domestic well yields range from 5 to 50 gpm (SWCB, 1981). The Eocene-Upper Cretaceous aquifer is found below the Yorktown aquifer at a depth of 500 to 1000 feet. One or two fine to medium-grained glauconitic sand beds 10 to 30 feet thick generally make up this aquifer. Most weBs bypass the Eocene-Upper Cretaceous aquifer and tap into the Lower Cretaceous aquifer (SWCB, 1981). The Lower Cretaceous aquifer is the deepest aquifer with the bottom resting on the bedrock material (2000 to 4000 feet thick). This aquifer is composed of interbedded gravel, sand, silt and clay. The aquifer is divided into several permeable zones by beds of clay. The top 33 of the aquifer ranges from 600 to 1100 feet below the surface. Well yields for this aquifer range from 200 to 1000 (gpm) (SWCB, 1981). The Yorktown and Lower Cretaceous aquifers are the only two that contain potable water. Water from the Water Table aquifer is limited to small scale irrigation such as residential and commercial lawn watering due to the high iron content and acidity (low pH). The Eocene- Upper Cretaceous aquifer contains brackish water and therefore is precluded from domestic use. Although the Yorktown aquifer is a source of potable water, locally, the presence of brackish water in this aquifer can be a problem. This aquifer is used more than the other three by domestic and public distribution systems. The gradient between fresh and salt water generally follows the Atlantic Ocean and the Chesapeake Bay, however, it bends landward where tidal estuaries are present, such as the Lynnhaven River. Well field development in these areas could result in brackish water encroachment. The Lower Cretaceous aquifer contains fresh water only in the upper 200 feet. Water from this aquifer is not potable in Virginia Beach due to the high chloride and total dissolved solids. Desalinization would be required in order for the City to use the water for potable uses ($WCB, 1981). 5.4.2 Surface Hydrology and Water Quality The Lyrmhaven River System consists of Lynnhaven Bay, Lynnhaven River malnstem, Western Branch and Eastern Branch. Tidal ranges in this system are approximately two feet. This waterbody encompasses 5.44 square miles and is classified as water quality limited (,gVCB, 1992(a)). The major point source pollutants have been eliminated, however, non-point source pollution continues to be a problem throughout the watershed. Pleasure House Creek extends from Shore Drive, approximately 1.5 miles to its confluence with the Western Branch. Salinity levels in the Western Branch portion of the Lynnhaven system (of which Pleasure House Creek is closest to), range from 15 parts per thousand (ppt) in the upper reaches to 23 ppt near the mouth of the Lynnhaven (COVB, 1993'). It is classified by the Department of Environmental Quality, Water Division (DEQ-Water) as being a Class II (Estuarine Water). Standards for Dissolved Oxygen (DO) and pH are as follows: DO minimum -4.0 rog/l, DO daily average -5.0 mg/1 and pit - 6.0 to 9.0 ($WCB, 1992(b)). Since Pleasure House Creek is capable of propagating shellfish and private leased shellfish beds are present, special standards for fecal coliform bacteria apply. The median fecal coliform value for a sampling station cannot exceed a Most Probable Number (MPN) of 14 per 100 mi of sample and not more than 10% of samples will exceed 43 for a 5-tube, 3-dilution test or 49 for a 3-tube, 3-dilution test ($WCB, 1992(b)). Additionally the shellfish areas are not to be contaminated so that their consumption might be hazardous. Possible contaminants include, radionuclides, pesticides, herbicides or fecal material (,.,~fCB, 1992('o)). Both leased shellfish beds in Pleasure House Creek are currently condemned (VMRC, 1994). In order to determine existing water quality conditions and predict possible impacts, should the project be implemented, water quality investigations were undertaken. On August 20, 1993 ambient water quality samples were taken at two locations in Pleasure House Creek 34 (sample stations 1 and 3, Figure 12) and one location in Crab Creek (sample station 6, Figure 12). The ambient water quality samples were analyzed for pH, temperature, DO and salinity in the field. In the laboratory, the samples were also analyzed for nitrate, nitrite, turbidity, ammonia, orthophosphate, total suspended solids and fecal coliform. Appendix B contains the water quality report. Table 2 contains the results of the ambient water quality tests. Those parameters that were undetected are not shown on the table. All water quality sampling results can be found in the Water Quality Technical Report (Appendix C). The most significant finding in the ambient water quality analysis is that all three stations tested positive for fecal coliform bacteria. Additionally, ortho-phosphate levels were elevated at the Crab Creek location. In addition to water samples, elutriate tests on sediment samples were conducted at three locations in Pleasure House Creek (sample stations 2, 3 and 5, Figure 12) and one location in Crab Creek (sample station 6, Figure 12). Elutriate tests are mixtures of background water and sediment. These tests resuspend any contaminants that may be trapped in the bottom sediments. Generally, the concentrations of contaminants are higher in the sediments than they are in the water column. Each elutriate test, as well as a background water sample were analyzed for DO, pH, turbidity, nitrate, nitrite, ammonia, ortho-phosphate, fecal coliform, heavy metals, chlorinated pesticides/herbicides and petroleum components. Table 3 shows the results of only those parameters that were detected.. Fecal Coliform bacteria was only positive at Station # 6, located in Crab Creek. Two sample stations fell below State standards for Dissolved Oxygen; Station #3 and Station #6. Standards for two heavy metals, zinc and mercury were exceeded in Crab Creek. It should be noted that while these parameters do not meet State standards, those standards only apply to water samples and not elutriate mixes. In general, water quality within Pleasure House Creek falls within acceptable limits for an estuarine system, with the exception of fecal coliform contamination. According to the DEQ- Water ($WCB, 1992(a)), fecal coliform is present throughout the Lynnhaven waterbody due to extensive inputs of non-point source runoff. $.$ AQUATIC ECOLOGY 5.5.1 Benthic Resources The Lynnhaven system supports a diverse benthic community. These species provide not only a very important food source for commercially and recreationally important fish species, but several are commercially harvested. Species include amphipods, hard clams, mud crabs, polychaetes, crustaceans and other species (NMFS, 1994). A comprehensive survey of benthic resources has not been completed in Pleasure House Creek, however, data are available from a survey completed in the Western Branch Lynnhaven River (COVB, 1993). The infaunal community, during the 1992 sampling expedition, was dominated by: 35 NOFllA~d BllO. LNO0 ~: NOLLVOOq '~ ~eu.v.m ~ 3qdHV$ B3.LVM TABLE 2 AMBIENT WATER QUALITY TEST RESULTS ! Parameter SWCB Standards Station #1 Station #3 ] Station #6 pH 6.0 - 9.0 8.34 8.44 8.39 Salinity 24.4 ppt 24.9 ppt 24.8 ppt Temp. 26.6°C 26.5°C 26.5°C DO 4.0 mg/1 min. 5.87 mg/l 5.82 rog/1 5.63 mg/1 5.0 mg/1 daily avg. Turbidity 25 NTU 17 NTU 15 NTU Ammonia NS* U** U** U** Nitrate NS* U** U** U** Nitrite NS* U** U** U** TSS NS* 43.8 mg/1 45 mg/1 16.8 mg/1 Ortho-Phosphate NS* U** U** 0.01 Fecal Coliform Positive Positive Positive * NS = No Standard ** U = Below Quantitafion Limit Note: Station Numbers 2 and 5 were not sampled 37 TABLE 3 ELUTRIATE TEST RESULTS (Parameters Detected) Parameter SWCB Standards Station//2 Station #3 Station//5 Station #6 pH 6.0 - 9.0 6.72 6.94 6.94 7.01 Salinity 24.9 24.7 24.7 25.0 Temp. 23°C 23°C 23.4°C 23.7°C Turbidity 484 NTU 930 NTt/ 3350 NTU 430 NTU Fecal Coliform Negative Negative Negative Positive Ammonia NS* 0.41 mg/1 TSS 443 mg/1 1080 mg/l 5230 mg/1 632 mg/1 Nitrate NS* 0.25 mg/1 0.29 rog/1 Nitrite 0.006 rog/1 0.006 mg/l DO 4.0 mg/1 min. 4.13 mg/1 3.48 rog/1 4.76 mg/1 2.48 mg/1 5.0 mg/1 daily avg. Ortho-Phosphate NS* 0.01 mg/l Chromium 1,100 ugh acute 5 ugh 50 ug/1 chronic Zinc 95 ugh acute 52 ug/1 54 ug/1 123 ugh 86 ug/1 chronic Nickel 75 ug/1 acute 5 ug/1 4 ugh 6 ug/l 8.3 ug/1 chronic Mercury 2.1 ugh acute 0,2 ugh 0,025 ugh chronic Note: NS = No Standard Station Number 1 was not sampled 38 Surface deposit and suspension feeding spionid polychaetes such as Streblospio benedicti, Polydora ligni and Paraprionospio pinnata. · Deposit feeding oligoehaetes. Sub-surface deposit feeding capitellid polychaetes such as Heteromastus filiformis, Capitella spp. and Mediomastus ambistea. · Omnivorous nereid polychaetes such aa Nereis succinea and Laeonereis culveri. · Suspension feeding bivalves such as Ensis directus. The above-mentioned species reflect typical species found in mesohaline communities of the Chesapeake Bay (COVB, 1993). The same species would more than likely be found in Pleasure House Creek. The National Marine Fisheries Service (NMFS) reports that Pleasure House Creek and surrounding areas are particularly important to the juvenile blue crab (Callinectes sapidus). The shallow nearshore areas of Pleasure House Creek and submerged aquatic vegetation found in the lower Chesapeake Bay serve a nursery habitat for the newly settled post-larval stage (during August and September). The larvae metamorphose into juvenile blue crabs and spread into the Bay during Fall and Spring (NMFS, 1994). There are two oyster leases within Pleasure House Creek (Figure 13). The Burroughs lease is approximately 19.7 acres and the McLeskey lease is 10.3 acres (VMRC, 1994). The entire Lynnhaven River is closed to oyster harvesting due to contamination (primarily by fecal coliform bacteria). These condemnations affect approximately 1,492 acres (SWCB, 1992 (a)). Pleasure House Creek accounts for 2 % of these closures. The leases in the area continue to be harvested for hard clams with off-site depuration (VMRC, 1994). 5.5.2 Fish Resources and Marine Mammals Pleasure House Creek provides good habitat for many recreational and commercially important fish species. The last seining survey to take place in Pleasure House Creek was completed in 1975 by the U.S. Fish and Wildlife Service (FWS) (COVB, 1976). In 1992, a fish survey was completed in the Western Branch Lynnhaven River and several of its tributaries. Historically 32 different species have been reported in the Lynnhaven waterbody and approximately one-third of those species were identified in the 1992 survey. Table 4 is a combined list of fish found in 1975, 1992 and reported by the NMFS (1994). The Chesapeake Bay supports a diver'-,e and productive fishery. The fish are both recreational and commercially important. The juvenile species found in the estuary, such as the bay anchovy, serve as a very important food source for other adult and juvenile species (COVB, 1993). 39 M~J.¥M ~10 30(]3 MflOANOO :.: .: .: .: .: .: .:.'.:.' ' TABLE 4 FISH SPF~IES KNOWN TO OCCUR IN PLEASURE HOUSE CREEK SCIENTIHC NAME Micropogon undulatus COMMON NAME Atlantic croaker Paralichthys dentatus summer flounder Leiostomas xanthurus spot Cynoscion regalis weakfish Cynoscion neblulosus spotted trout Sciaenops ocellatus red drum Mugil sp. mullet Menidia sp. silverside Fundulus sp. Idllifish Monacanthus hispidus filefish Dorosoma cepedianum gizzard shad Penaeus setiferous edible shrimp Anchoa rnitchilli anchovy Cyprinodon Variegatus sheephead winnow 5yngnathusfuscus northern pipefish Mugil Cephalus striped mullet Gobiosoma bosci naked goby Trinectes maculatus hogchoker Fundulus heteroclitus mummichog 41 The NMFS (1994) documents two marine mammals as being occassional visitors to Pleasure House Creek and the surrounding area; the Harbor seal (Phoca vitulina) and the Atlantic bottlenose dolphin (Tursiops truncatus). The seals may inhabit the area from December through March and the dolphins are seen in the summer months. In May of 1993, the NMFS designated the coastal migratory stock of bottlenose dolphins as depleted. This action is required under the Marine Mammal Protection Act when a species or population stock falls below its optimum sustainable population level. Between 1987 and 1988 the bottlenose dolphin experienced an unusually high mortality rate along the east coast (NMFS, 1994). 5.5.3 Waterfowl Fringe marsh habitat, such as that found throughout the Lynnhaven estuary and specifically in Pleasure House Creek, provide foraging and nesting habitat for many waterfowl species. Many northern bird species utilize the rich marsh as wintering grounds. Additionally, the Lynnhaven estuary is located within the Atlantic flyway, a migratory route utilized by many bird species. While a waterfowl survey has not been completed in Pleasure House Creek proper since 1976 (COVB, 19703, a survey was completed in the Western Branch of the Lynnhaven in 1992 (COVB, 1993). Table 5 is a combined list of species found in both the 1976 and 1992 surveys. This table includes migratory as well as resident species know to occur in the Lynnhaven and Pleasure House Creek area. 5.6 WETLANDS, SUBMERGED AQUATIC VEGETATION AND SIIALLOW WATER ItABITAT 5.6.1 Wetlands The USACE defines wetlands as, ~those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas" (USACE, 1987). Tidal marshes (E2EMP - Estuarine, intertidal, emergent, irregularly flooded) make up the majority of the vegetated wetland community in the Pleasure House Creek study area (approximately 27.3 acres). Additionally, the USFWS classifies tidal mudflats (E2USN or E2USP - estuarine, intertidal, unconsolidated shore with regular tidal regimes/irregular tidal regimes) as being non-vegetated wetlands. These wetlands make up approximately 65.7 acres in the Pleasure House Creek area. Together, the tidal marshes and flats encompass approximately 93 acres within the area shown on Figure 14. This Figure (14) shows the locations of all of the wetlands and their classification according to the National Wetland Inventory (NWl) (USFWS, 1993). Tidal marsh communities add to the overall productivity of the estuarine ecosystem by performing several important functions. Detritus (decaying plant material) forms the basis of the marine food web. This material often enters the water column from the tidal marsh. Many migratory and nesting waterfowl as well as various mammals utilize the rich habitats provided TABLE 5 AVIAN SPF~IES KNOWN TO OCCUR IN PLEAS~ HOUSE SCIENTIFIC NAME Sterna antillanan COMMON NAME least tern Larus delawarensis ring-billed gull Sturnus vulgaris starlings Corvus brachyrhynchos common crow Rynchops nigra black skimmer Rallus crepitans clapper rail Rallus elegans king rail Carpella gallinago common snipe Herodias egretta common egret Larus atricilla laughing gull Agelaius phoeniceus red-winged blackbird Telmatodytes palustris saltmarsh wren Catoptrophorus semipalmatus willet Zenaidura macroura mourning dove Ardea herodias great blue heron Podilymbus podicpes pied-billed grebe Pelecanus occidentalis brown pelican Phalacrocorax auritus double-crested cormorant Casmerodius albus great egret Branta bernicla brant Branta canadensis Canada goose Anas rubr/pes american black duck Anas platyrhynchos mallard Anas clypeata northern shoveler 43 SCIg~NTWIC NAME Anas strepera Anas amer/cana american wigeon Aythya valisneria canvasback Bucephala albeola bufflehead Lophodytes cucullatus hooded merganser Haematopus palliatus american oystercatcher Charadrius vociferus killdeer Actitis macularia spotted sandpiper Larus argentatus herring gull Larus mar/nus greater black-backed gull Ceryle alcyon belted kingfisher Quiscalus major COMMON NAME gadwall boat-tailed grackle I~lBHhx P~"IA CONTOUR EDGE OF WATER ~STUARg~ INTE~TIDAI~ UNCONSOUD- AI~D SHOI~ REGULARLY ESllJ~ INTI~TIDAL; EMERGENT~ F~~ IRRE~Y FI.0ODE~, ESTUARIN~ IN'r'ER~DAL~ UNCONSOUD- A~ ~l,lOl~ SAND; II~GULARLY PALIJ~ UNGONS(gJDA'fE~ BOTTOM; F'g~AN~Y ~ D~KE:D/ IMPOUNDED;, EXCAVA~ PALUSTRIN~ UNCONSOUDA'I~D BOTTOM; PERMANENTLY FLOODED;, EXCAVA'II~, LF..A~ DECIDOUS~ ll~~Y sszva ::::::::::::::::::::: J.¥.I. IBVH by the marshes. Many adult and juvenile aquatic species use the marshlands for spawning and foraging. Tidal marshes buffer the shoreline by dissipating wave energy or establishing dense root systems to stabilize the soils. Wetlands can act as a filter by trapping sediments before they reach waterways. Finally, in coastal areas, tidal marshes can buffer floodwaters. The tidal marsh generally forms a "fringe" around Pleasure House Creek. This marsh is narrow and consists primarily of Spa~'na alterniflora (saltmarsh cordgrass), some saltbushes such as BacchaHs halim~folia (groundsel tree) and Ira frutescens (marsh elder) and Yuncus roemeHanus (black needlerush). The fringe marshes in Pleasure House are classified by the Virginia Institute of Marine Science (VIMS) (VIMS, 197g) as being primarily Type I marshes with a small area classified as Type [[[. Type I marshes (Saltmarsh Cordgrass Communities) are highly valued as detritus contributors to the marine food web and deterrents to shoreline erosion. Type RI marshes (Black Needlerush communities) are productive, however, not as productive as Type I marshes. Type ITl marshes are highly resistant to erosion and are somewhat effective in absorbing flood waters. Tidal mudflats are a critical part of thc estuarine ecosystem. They provide a unique habitat and form physical barriers. The flat profile and shallow water depth of the mudflats allow them to serve as beds for many primary producers. These primary producers, such as bottom- dwelling algae and phytoplankton, are ultimately consumed by other animals within the estuarine food chain. They provide forage for other species such as finfish, shellfish, waterfowl, and benthic macroinvertebrates. Benthic macroinvertebrates typically utilize mudflats for borrowing and foraging. These organisms are also consumed by higher species in the food chain including waterfowl and shorebirds. Mudflats often times are the sole source of food for many shorebird species. Mudflats also act a physical barrier, by providing protection to the shoreline and adjacent marshes. They protect the tidal marshes by reducing wave impacts. Algal mats and fecal depositions generally make the mudflat substrate less erodible. This gives the mudflats the ability to absorb or deflect much of the destruction action of waves and boat wakes. Mudflats, therefore, significantly reduce erosion impacts. ~.6.2 Shallow Water Habitat Shallow water habitat is defined as those areas containing less than two meters (6.6 feet) of water at mean low water. The entire Pleasure House Creek area, including Crab Creek (approximately 80 acres) is considered to be shallow water habitat (Figure 15). For purposes of this report, the area shown on Figure 15 also encompasses intertidal flats. The functions of the flats were discussed in the above section. Because light penetration is greater in these shallow water areas, populations of ph~oplankton, Submerged Aquatic Vegetation (SAV) and emergent vegetation can be suppor~l. The habitat, in the shallow water areas, functions as a nursery, spawning and feeding area for numerous shellfish and finfish species. The bay anchovy, an important prey species, utilizes the habitat provided by the different vegetational communities. Recreationally and commercially important finfish and shellfish utilize these rich habitats for feeding, foraging and spawning. 46 5.6.3 Submerged Aquatic Vegetation Because of the wide range of salinities located throughout the Chesapeake Bay watershed, a wide variety of species of Submerged Aquatic Vegetation (SAV) can be supportS. Coastal zone productivity is very high in nearshore, subtidal regions of estuaries, bays and rivers. Often times, this productivity is due to the presence of vast SAV communities (Orth and Moore, 1981). SAV serve many important coastal ecosystem roles. By superimposing a structural component on a bare sand or mud bottom, habitat is created for small sessile and slow moving invertebrates. Abundances of shrimp and crabs in areas of SAV are much higher than in adjacent, unvegetated areas. SAV also provides a source of protection (from predation) for these same motile organisms. Dense epiphytic growth is often found on the SAV blades. This growth is a food source for herbivores, thus contributing to the overall productivity of the ecosystem. Historically, SAV was thought to function only as a food source for waterfowl. However, with the decline in SAV, the importance of SAV for primary production, nutrient cycling, prey refuge, contribution to food webs and sediment dynamics has become fully recognized (Orth and Moore, 1981). The polyhaline and mesohaline areas of the lower Chesapeake Bay and associated tributaries are typically dominated by eelgrass (Zostera mar/ha) and wigdeon grass (Ruppia maritima) (Orth and Moore, 1981). While SAV populations are present in Broad Bay, vnv~S reports that large communities do not appear on aerial photography in Pleasure House Creek. Very small, isolated patches may be present, however, this has not been confirmed by VIMS (V~M$, ~. 5.7 TERRESTRIAL FLORA AND FAUNA With the exception of the fringe marsh, the preferred site consists of sandy fill material, and is therefore sparsly vegetated. Early successional vegetation dominates the site, with loblolly pine (P/nus taeda) and Virginia pine (P/ruts virginiana) being the most abundant canopy species. Other species located on the disturbed property include: common wax myrtle (Myrica cerifera), red maple (Acer rubra), sweetgum (Liquidambar stryciflua), red cedar (Juniperus virginiana), holly (Ilex opaca), thistle (Salsola lcalO, sandbur (Cenchrus tribuloides), asters (Aster spp.), goldenrod (Solidago spp.), sassafrass (Sassafrass albidum), prickly pear cactus (Opuntia compressa), honeysuckle (Lonicera japonica), common greenbriar (Smilax rotundifolia). The Pleasure House Creek site provides suitable habitat for small mammals. Racoons (Procyon spp.), rabbits (Sylvilagus spp.), mice and other rodent species may inhabit the area, foraging on the available vegetation. The area also contains habitat suitable for muskrat (Ondatra zibethica) and nutria (Myocaster coypus) (COVB, 1976). 48 $.8 'lTm~&~ AND ENDANGER~.n SPECIF. S According to the NMFS (1994), there are two federally listed species known to occur within the project area; the threatened loggerhead sea turtle (Caretta caretta) and the endangered Kemp's ridley sea turtle (Lepidochelys kempii). These two species are seasonal visitors (May 15 through November 30) of the shallow water habitat within Pleasure House Creek and the surrounding area. The Chesapeake Bay is a major habitat for thousands (as many as 9000) of subadult loggerhead sea turtles during the summer months. The loggerheads typically inhabit the deeper channels in the Bay and its estuaries and tributaries. Virginia represents the northernmost consistently utilized nesting area. Beachfront development and vehicular activity and marine debris are thought to be the major reasons for the threatened status of the species (Terwilliger, 1991). The Kemp's ridley sea turtle is the world's most endangered sea turtle. It is, however, the second most abundant sea turtle found in Virginia's waters. In the Chesapeake Bay and its tributaries, the Kemp's ridley is typically found in shallow water areas containing sea grasses (Terwilliger, 1991). The NMFS reports that the Lynnhaven River is particularly attractive to the Kemp's ridley sea turtle (NMFS, 199,0. They specifically inhabit areas where blue crabs, their preferred food, are found. There is only one major nesting area known worldwide (Rancho Nuevo, Tamaulipas, Mexico). Destruction of this nesting ground, commercial fishing and marine debris have all contributed to the endangerment of the species (Terwilliger, 1991). The Virginia Department of Conservation and Recreation, Division of Natural Heritage (DNH) searched the Biological and Conservation Data System for natural heritage resources, including the presence of either State or Federally listed threatened or endangered species within the project area. The DNH does document the presence of natural heritage resources in the vicinity of the project area, however, they do not anticipate that this project will detrimentally impact the resources (DNH, 1994). Additionally, according to the Virginia Department of Agriculture and Consumer Service, there are no threatened or endangered plants or insects known to occur within the project area (VDACS, 1994). 5.8 CULTURAL AND HISTORIC RESOURCES The Virginia Department of Historic Resources (VDHR) was contacted in order to determine whether any cultural or historic resources are documented within the project area. A response from this agency was not received. However, the EIS completed in 1976 states that there would be no impact to historic landmarks or areas of archaeological significance (COVB, 1976). 49 5.9 AESTI/ETICS The major land uses in the area surrounding Pleasure House Creek consist of residential communities and commercial development. A golf course is currently being planned for the Bayville Farms property, on the south shore of the creek. The area surrounding the creek is slowly becoming more urbanized, however, fringe marshes and forested buffers surrounding the Creek will continue to provide many scenic vistas for those boaters who can currently navigate the shallow depths at high tide. Additionally, the Creek provides aesthetically pleasing surroundings to those people currently enjoying the recreational opportunities that Pleasure House Creek provides (boating, birdwatching, fishing etc.). 5.10 CURR~NT LAND USE WITItIN THE STUDY AREA The proposed boat launching facility is located within the Bayfront Planning Area, as identified in the Virginia Beach Comprehensive Plan, and is generally located in the northern part of the City. Bayfront is the smallest planning area in the City (COVB, 1994(a)). The Bayfront area is bounded on the north by the Chesapeake Bay, on the east by Seashore State Park, on the south by First Court Road, Pleasure House Creek, Long Creek and Broad Bay and on the west by Little Creek Amphibious Base. The Bayfront area has approximately 19,100 citizens and, if completely developed, could accommodate an additional 10,000 persons. Over the past three years, 55% of the new residential construction has been multi-family dwellings and 22 % has been duplex. Commercial development is generally located along Shore Drive and West Great Neck Road. These commercial uses chiefly provide services to the surrounding residential neighborhoods. Several hotels and restaurants meet the needs of visitors and tourists, and provide amenities for local residents. 5.11 SOCIOECONOMIC CHARACTERISTICS Virginia Beach is a large, growing and diverse locality that includes areas distinctly urban and rural. Its population has increased significantly over the past few years. From 1960 to 1990 the number of people living in the City increased by 367%, from 85,200 to an estimated 398,400. Most of the growth occurred in the 1970's and 1980's and was fled, in part, to growth in the military budget, the favorable economic climate, and the attraction of Virginia Beach as a desirable place to live and work. It is estimated that when the City is fully developed, its population will exceed 493,000 residents (COVB, 1994(a)). In 1993, there were 146,367 residential structures in the City, not including on base military housing. The median income for Virginia Beach families during that period was approximately $37,250. During the 1980's civilian employment increased from approximately 63,800 to 118,500jobs, primarily due to expanding trade, services, government and construction industries (COVB, 1994(a)). 5O 6.0 ENVIRONMF~NTAL EFFECTS 6.1 AIR, NOISE AND CLIMATE 6.1.1 Air The Pleasure House Creek project will have minimal effects on air quality in the Lynnhaven area. Air emissions may be elevated during construction of the boat ramp and during the dredging of the access channel. During the construction of the boat ramp and associated parking area, dust (or particulate matter) will be the primary concern. Increased levels of dust are generally associated with any earth-moving activities such as excavation, grading; handling of concrete and asphalt (as will be necessary with construction of the boat ramp and parking area); and water and wind erosion of any exposed areas and storage piles. Dust control measures will be the responsibility of the contractor and may include, but are not limited to, such things · Minimizing the amount of exposed clearing and grading during construction · Covering stockpiled materials · Using covered haul trucks · Watering for dust suppression The emissions from the construction equipment will be controlled by adhering to emission standards prescribed by state and federal regulations. Additionally, if burning is required, all applicable regulations apply. As with the construction of the facility, diesel emissions from the dredging operation may temporarily affect air quality in Pleasure House Creek. By limiting the dredging window (November to March), impacts resulting from this activity will be minimized. 6.1.2 Noise Ambient noise levels will be exceeded during the construction and dredging phases of this project. An increase in the number of construction vehicles around Pleasure House Creek will cause additional noise. This temporary impact will be minimized by avoiding work during the evenings, weekends and holidays. Noise resulting from the dredging operation will also be temporary, occurring only during the specified dredge period. Noise will be related to the engine operation. The dredging contractor will take measures (such as the use of mufflers) to minimize the noise associated with dredging. Long-term noise impacts may result from the operation of the boat ramp. An increase in the number of vehicles may increase noise levels with the sounds of engines and empty 51 trailers being pulled. While the City is currently planning to keep the facility open 24 hours a day, should the boat and vehicular traffic during the night become too disruptive, the City may re-evaluate the hours of operation. Since the channel will operate as a no-wake zone, the noise from the boat traffic will be kept to a minimum. 6.1.3 Climate The implementation of the Pleasure House Creek project will not have any effect on the climate of the area. 6.2 GEOLOGY, TOPOGRAPHY AND SOILS 6.2.1 Geology, There will be no impact to the geology of the area from the construction of a boat ramp and the dredging of an access channel. The DNH reported that there are no significant geologic formations known to occur in the project area, therefore impacts to these resources will be avoided (DNH, 1994). 6.2.2 Topography The construction of a boat ramp will have an impact on the topography of the Pleasure House Creek site. Some grading will be necessary in order to construct the boat ramps and parking areas. Since the site gently slopes towards the water, the amount of grading needed in order to construct the ramps will be minimized to the extent possible. The parking area will be established so that runoff is routed away from the Creek. There will be impacts to the topography of the site with this activity. In general, because the site is relatively flat, impacts to the topography will be minor. 6.2.3 Soils Construction activities on the Pleasure House Creek site will have an impact on soils. The impacts will be directly associated with grading the property and the placement of a gravel surface on 4.7 acres out of the 6 acre parcel. BMP's will be utilized on-site to prevent the disturbed soils from washing into Pleasure House Creek. 6.3 BATHYMETRY In an effort to minimize impacts to the stream bottom and reduce the required amount of dredging, the proposed channel in Pleasure House Creek is located within the deepest portions of the Creek. While impacts to the stream bottom depths cannot be avoided, they were minimized to the extent practicable. The proposed channel would increase the depth to approximately 5.0 feet at mean low water. It should be noted that this includes one foot of 52 allowable overdredge by the contractor. Dredging this channel will produce approximately 51,500 cubic yards of material. Shoaling rates are typically higher immediately following the dredging operation, however, this condition is relatively short-lived. While there is no information on the shoaling characteristics of Pleasure House Creek, it has been suggested that dredging could increase the flushing characteristics of the Creek, thereby reducing the rate of shoaling. 6.4 HYDROLOGY 6.4.1 Groundwater Groundwater resources should not be impacted by dredging an access channel in Pleasure House Creek or constructing a boat ramp on the upland parcel. Saltwater contained in the dredged material has the potential to percolate through the soft and enter into groundwater aquifers. This saltwater intrusion (if it occurred at all) would be temporary. As fresh water percolates through the material (in the form of rainfall), the saltwater would eventually wash out of the system. 6.4.2 Surface Hydrology and Water Quality There is little evidence available that documents the effects of dredging on the flow within a surface water system. While it has been suggested that dredging may improve the overall flushing characteristics of the Creek, it is not possible to accurately predict the effects without additional quantitative studies. Since the Lynnhaven system is currently listed as being *water quality limitedu (SWCB, 1992(a)), any activities that may impact water quality must be assessed. Impacts to water quality can be both short-term and long-term. The short-term impacts are generally directly associated with the dredging operation and long-term impacts with the increased boat traffic and runoff from the boat ramp and parking area. Dredging causes an immediate, though short-term, increase in turbidity and total suspended solids. It can also temporarily lower DO levels, temperature and pH. These immediate and short-term impacts can be expected with the dredging of Pleasure House Creek. Of particular concern is the effect of these changes on the aquatic life in the Creek. Based on the results of water quality investigations in Pleasure House Creek (Appendix B), impacts to water quality should primarily be short-term and associated with the actual dredging operation. DO levels fell below State standards at one location in Pleasure House Creek (Station//3) and in Crab Creek (Station #6) (Figure 12). While temperature and pH dropped, they were still within standards. Increased turbidity will temporarily effect those fish and invertebrate species that rely on their visual senses for foraging. 53 Any long-term impacts to the water quality in Pleasure House Creek will be associated with the resuspension of contaminants, increased runoff from the ramps and parking areas and 'increased boat traffic. The elutriate tests indicated that nitrates, nitrites, ortho-phosphate, pesticides, herbicides and petroleum products and heavy metals were all well below State standards. It is anticipated that, based on the test results, dredging in Pleasure House Creek should not re,suspend pollutants to levels that would temporarily exceed State standards. Two heavy metals were detected in the elutriate test conducted in Crab Creek. Zinc levels exceeded the acute standards and Mercury exceeded the chronic levels ($WCB, 1992(o)). Since dredging would not occur in Crab Creek with this project, impacts resulting from heavy metal resuspension are not anticipated. Impacts to the aquatic life resulting from water quality degradation, will be minimized by limiting the dredging window to the winter months. Species diversity is generally lower during this time (COVB, 1993). Boat traffic may increase the concentrations of petroleum products, however, studies completed on the Western Branch Lynnhaven River, which is currently utilized by boats, indicated that the levels of petroleum products are well below State standards (COVB, 1993). Best Management Practices (BMP's) such as porous pavement, vegetative swales and buffers will be used in order to minimize the amount of runoff from the boat ramps and the parking area. In conelusion, while the water quality of Pleasure House Creek may be impacted during the dredging and construction operations, these impacts will be short-term. The long-term impacts to the water quality of Pleasure House Creek should be minor. 6.5 AQUATIC ECOLOGY 6.5.1 Benthic r~sources Benthic organisms will be impacted by the dredging of Pleasure House Creek. Direct organism loss will occur when the channel is dredged. Since benthic surveys were not conducted in Pleasure House Creek, it is difficult to speculate which organisms may be impacted. It is anticipated that the organisms would include polychaetes, oligochaetes, bivalves, post-larval blue crab and a host of others. In addition to the direct loss that will occur, indirect loss may occur as a result of increased turbidity and the sudden drop in DO, temperature and pH. Approximately 9.5 acres of benthic habitat will be directly lost as a result of the project. Indirect impacts may result several hundred feet from the channel from the resettling of sediments following the dredging. Increased sediment depths may cause the death of some organisms. Both of the leased shellfish beds located in Pleasure House Creek will be traversed by the proposed channel in Pleasure House Creek (Figure 13). Direct impact to those beds will result. Approximately 15.6% of the Burroughs/Tyler lease will be directly impacted, as will 11.3 % of the McLeskey lease. These impacts total approximately four acres. While the benthic faunal communities found throughout Pleasure House Creek will be impacted by this project, the communities will eventually recover as new species colonize the dredged area. 54 6.5.2 Fish Resources and ~fine Mammals Fish resources will be impacted by the Pleasure House Creek project. Because fish are motile species, they can usually avoid the direct impacts of dredging. Because fish utilize tidal flats and other shallow water areas for feeding and spawning, the impacts to those habitats will affect fish populations. Increased turbidity may impact those species that rely on visual senses to feed and decreases in DO during and immediately after dredging may impact all populations. Based on studies completed in the Western Branch, it can be assumed that impacts to fish resources can be minimized by adhering to time-of-year restrictions. Species diversity is generally lower during the winter months, when the channel would be dredged. Because the NMFS reports that two marine mammals (harbor seal and bottienose dolphin) are occassional visitors to Pleasure House Creek and the surrounding area, care must be talcen during the dredging operation to avoid impacting either species. Because both species are very motile, they should not suffer any direct impacts. 6.5.3 Waterfowl Both resident and migratory waterfowl will be impacted by this project. Because the dredging will take place during the winter months, the impacts to migratory waterfowl are of particular concern. The shallow water and wetland areas located throughout Pleasure House Creek are utilized by many species of waterfowl for feeding, wintering and breeding. Approximately 4.5 acres of vegetated wetlands, and 3.9 acres of tidal flats will be impacted, therefore, approximately 8.4 acres of waterfowl habitat will be directly impacted by dredging. Additional shallow water habitat impacts will result in a loss of habitat. In addition to the direct loss of habitat, impacts to the fish and benthic resources may also effect waterfowl in the area. If the populations of benthic organisms and small fish temporarily decrease, as a result of short- term water quality impacts, the amount of food available to resident and migratory waterfowl will decrease. As the benthic and fish populations reestablish themselves, the amount of available food should return to pre-dredging conditions. The noise impacts associated with the dredging operation may impact waterfowl. This condition, however, will be temporary. Other impacts may result from increased boat traffic in the area. Wave action may disturb nesting, feeding, wintering and breeding areas. By implementing a no-wake zone throughout Pleasure House Creek, impacts result from boats will 6.6 WETLANDS, SHALLOW WATER HABITAT AND SUBMF~RGED AQUATIC VEGETATION 6.6.1 Wetlands Direct and indirect impacts to wetland areas will result from the Pleasure House Creek project. Direct impacts will primarily occur in tidal fiat areas (E2USN and F_.2USP), 55 where it is estimated that 3.9 acres will be lost. This represents approximately 4% of all wetlands found in Pleasure House Creek and Crab Creek (Figure 14). Additional direct impacts will occur in the area of the proposed boat ramp. Less than one acre of fringe marsh (E2EM1P) will be lost. The loss of the wetlands will subsequently affect fish and waterfowl populations by eliminating prime foraging areas. Increased shoreline erosion is possible due to the loss of wave dissipating substrate. As stated in Section 5.6.1 - Wetlands, these tidal fiats act as a buffer, protecting the tidal marsh and other shoreline habitats. The increased boat traffic through Pleasure House Creek will also impact wetlands. The channel will be a no-wake zone, therefore, impacts to the fringe marshes will be minimized to the extent practicable. 6.6.2 Shallow Water Habitat Approximately 9.5 acres of shallow water habitat (depths of less than 2 meters) will be impacted by the proposed project. It should be noted, however, that none of the shallow water areas will be converted to deep water (depths greater than 2 meters). The proposed channel will be dredged to four feet plus one foot of advanced maintenance dredging. The areas will still be considered shallow water. As previously stated, tidal flat areas are shown as part of shallow water habitat on Figure 15. The effects of dredging in these areas were discussed in the above section. The loss of shallow water habitat will in effect mean a loss of some benthic, fish and waterfowl habitat. Increased turbidity and other temporary changes in water quality will impact these resources during the dredging operation. Once dredging is complete, the area should return to its pre-dredging condition. 6.6.3 Submerged Aquatic Vegetation Since there are no large populations of SAV known to occur in Pleasure House Creek, impacts to such resources are not anticipated with this project (VIMS, 1994). As reported by VIMS in studies completed in the Western Branch, conservation efforts generally concentrate on those populations greater than half an acre (COVB, 1993). There are currently no populations of that size in the Creek, therefore, impacts will not occur. 6.7 TERRESTRIAL FLORA AND FAUNA There will be direct impacts to the floral resources on the Pleasure House Creek site. The boat ramps, the parking area and the access road will impact approximately six acres of terrestrial habitat. The area consists mostly of open sandy areas, therefore, the impact on floral resources will be fairly minimal. Buffers between the boat ramp and the water and the boat ramp and Marlin Bay Drive will minimize the effects of clearing on the terrestrial environment. The construction of a boat launching facility may impact resident small mammal populations. The available foraging habitat will be decreased by approximately six acres. Most species are highly motile and will move to other undeveloped portions of the property and reestablish themselves. 56 6.8 THRE&TENEF~ AND ENDANGERED SPECIES Since two federally listed species (loggerhead sea turtle and Kemp's ridley sea turtle) have been documented in Pleasure House Creek and the surrounding area, efforts to avoid impacts must be taken (NMFS, 1994). By adhering to time of year restrictions, and avoiding dredging operations during the time when the turtles are likely to be in the area, impacts to both species will be avoided. Any Section 7 consultation (as required by the Endangered Species Ac0, will be undertaken at the permitting stage of the project. 6.9 FUTURE LAND USE There have been no specific land use objectives set for the Pleasure House Creek Site. The site is zoned Planned Development Housing (PD-H1), therefore the construction of a boat ramp will not constitute a confficting use. By providing a deep water access, the channel may have a complimentary effect on future land use. Residential development along currently undeveloped portions of the creek may become more desirable. While it is beyond our scope to assess the full impact of future development, it can be assumed that all development will be consistent with City zoning requirements, as well as, environmental regulations. 6.10 SOCIO-ECONOMIC IMPACTS Socioeconomic impacts associated with the construction of a boat launching facility and access channel should be minimal. The facility is an enhanced recreational amenity and should have little if any effect on the local economy. However, some competition with the privately owned facilities (Bubba's and Lynnhaven Waterway) may result from the project. Because of the overwhelming need and demand for an additional boat launching facility in the Lynnhaven area, the effects resulting from the Pleasure House Creek project will be negligible. 6.11 CULTURAL AND HISTORIC RESOURCES Further coordination with the VDHR is necessary in order to determine whether any cultural or historic resources will be impacted by the proposed project. According to studies completed by the City of Virginia Be~h (1976), the construction of a boat ramp and access channel will not impact any known cultural or historic resources. 6.12 AESTHETICS Both short-term and long-term aesthetic impacts will result from the Pleasure House Creek project. Short-term impacts will be related to construction and dredging operations. The operation of the hydraulic dredge will temporarily impact the visual and auditory quality of Pleasure House Creek. Aesthetic impacts may result for those who enjoy birdwatching, if migratory waterfowl leave the area during the dredging operation. Construction of the boat ramps, parking area and access road will also have visual and auditory impacts. The presence 57 of construction vehicles and the noise from those vehicles will have an affect on the aesthetics of the area. Long-term impacts may result from increased boat traffic in a channel that has previously had very little traffic. It is anticipated that the majority of boaters using the boat ramp will launch their boats and leave the area. Access to the lower Chesapeake Bay is the primary reason for the project. Boaters, who have never before been able to navigate Pleasure House Creek, may find that the project has a positive impact by providing a means to enjoy the scenic vistas that the Creek provides. 7.0 MITIGATION The environmental impacts of any project must be minimized to the extent practicable. This process, called mitigation, requires that three steps be taken in the course of developing a project; avoidance, minimization or compensation. Whenever possible, environmental impacts should be avoided by not implementing the project, or portions thereof. If avoidance is not possible, steps should be taken to ensure that the impacts are minimized to the greatest extent by scaling down the project or implementing measures to help reduce impacts. If impacts are unavoidable due to the implementation of the proposed action, compensation measures must be taken. Mitigation measures have been taken to avoid impacts to Federally listed threatened and endangered species, and to minimize impacts to water quality, wetlands, shallow water habitat, other aquatic resources and terrestrial resources. By establishing a dredging window that avoids the time of the year when the two Federally listed species are known to occur in the Pleasure House Creek area (loggerhead sea turtle and Kemp's ridley sea turtle), impacts to these species will be avoided. Additionally, overall species diversity is lower during the winter months, therefore, by adhering to time-of-year restrictions, impacts to aquatic life will be minimized Impacts to water quality, wetlands and shallow water habitat have been minimized by maintaining a 15 foot buffer between the top of thc channel and thc edge of the marsh, establishing a no-wake zone throughout the access channel, following the existing natural channel to the extent possible and including various BMP's on the proposed construction site. These elements include, but are not limited to, the following: · Maintaining a 50 foot buffer between the proposed parking area and the shoreline Using a porus gravel paving surface to reduce the amount of stormwater runoff from the parking area and maximize infiltration · Channeling stormwater runoff away from Pleasure House Creek into a swale Thc majority of water quality impacts will be temporary. Implementation of these measures will minimize any long-term impacts that may result from the project. 59 8.0 RELATIONSHIP OF SHORT-TERM USES AND LONG-~ PRODUCTIVITY The effect of the Pleasure House Creek project on long-term productivity will be primarily related to the dredging of an access channel in the Creek. Dredging will result in some negative short-term impacts to the aquatic environment. The impacts will occur during the initial dredging operation and, to some extent, with each maintenance dredging operation. The majority of the natural resource impacts assodated with the Pleasure House Creek project will be short-term and should, consequently, result in short-term decreases in productivity. Oyster beds, while currently condemned, will suffer long-term impacts due to lost habitat. Recolonization within the channel is possible, however, productivity will probably be effected. The loss of shallow water habitat will have some impact on the long-term productivity of the Pleasure House Creek system. Important foraging habitat will be permanently lost due to the construction of a channel. While the benthic communities will recolonize fairly quickly, the tidal flat areas and other shallow water areas will be permanently lost. 9.0 IRREVERSIBLg ~ IRRETI~IgVABLE COMM1TMF2~IT OF RESOURCES There ~ ~ m ~v~ble md ~e~ev~le ~m~ent of ~ na~ md ~-m~e r~~ ~ ~e Pl~e Houm C~k pmj~t. ~e fo~o~g is a ~st of ~om ~~s: Appro~ma~ly 4.7 ~s of up~d h~i~t for ~e ~t ~p, ~g ~ ~d ~ss r~. App~~ly 4.0 ~res of oys~r g~ds ~t ~ c~nfly ~nde~. Wa~r q~ imam ~at ~ unq~fi~ble. A~ro~ly 3.9 ~r~ of fi~ ~ ~d l~s ~m one ~ of ~ge m~sh. A~m~ly 51,5~ cubic y~ds of d~g~ ~ flong ~ ~e ~fic ~fe ~t it ~n~s. ~e ~q~fi~le eff~t on ~e ~fic bio~ im~ by ~~ ~men~fion d~ng A~m~ly 9.5 ~r~ of s~ow wa~r ~i~t. A~ro~ma~ly $851,~ n~ m ~d ~e pmj~t. Cons~cfion ma~s ~nsis~g of ~ncre~, w~ ~d ~. ~gy ~~ ~ ~ns~ct ~e proj~t. 61 10.0 REFERENCES Orth, R.J. and K. A. Moore, 1981. Submerged Aquatic Vegetation of the Chesapeake Bay: Past, Present and Future. Wildlife Management Institute, Washington, D.C. City of Virginia Beach, 1976. Preliminary Environmental Impact Statement. City of Virginia Beach Boat Ramp Project. Prepared by EnviroPlan, Inc. City of Virginia Beach, 1984. Virginia Beach Saltwater Marina Study, Fall 1984. City of Virginia Beach, 1988. Lynnhaven Boat Ramp Committee, Report to City Council, 1988 May. City of Virginia Beach, 1991. Environmental Feasibility Study of Boat Ramp and Access Channel in Pleasure House Creek. Prepared by Maguire Associates, Inc. City of Virginia Beach, 1993. Western Branch Lynnhaven River Environmental Assessment. Prepared by Maguire Associates Inc. City of Virginia Beach, 1994(a). The Comprehensive Plan, 1994 January 25. City of Virginia Beach, 1994fo). Flechmer, James. [Personal communication with D. Hionas, Bubba's Marina] 1994 March 21. City of Virginia Beach, 1994(c). Frankenfield, B. [Memo to J. Flechtner, City of Virginia Beach] 1994 April 5. Lynnhaven Waterway Marina, 1994. Trant, Tommy. [Letter to K. Allerton, Langley and McDonald] 1994 April 18. Pile Buck, Incorporated, 1990. Bulkheads, Marinas and Small Boat Facilities, Pile Buck, Inc. Rivenvalk Corporation, 1992. Agreement Between Riverwalk Corporation and the City of Virginia Beach, 1992 June 4. Seashore State Park, 1994. Hazelwood, F. [Letter to K. Allerton, Langley and McDonald] 1994 April 26. Terwilliger, K. (Coordinator), 1991. Virginia's Endangered Species, Proceedings of a Symposium. The McDonald and Woodward Publishing Co., 1991. United States of America, 1981. Agreement Between the United States of America and the City of Virginia Beach, for Local Cooperation at Lynnhaven Inlet, Bay and Connecting Waters, Virginia, 1981 September 30. United States Army Corps of Engineers, 1984. Notice of Authorization (Permit to Construct a Public Boat Ramp...), 1984 November 23. United States Army Corps of Engineers, 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1., Waterways Experiment Station, Vicksburg, Mississippi. United States Army Corps of Engineers, 1990(a). Thomasson, James N. [Letter to Carl A. Thoren, City of Virginia Beach] 1990 April 17. United States Army Corps of Engineers, 1992. Initial Appraisal Fact Sheet on Proposed Access Channel and Turning Basin into Crab Creek for Proposed Boat Ramp and Support Facilities, Lynnhaven Inlet, Virginia Beach, Virginia, 1992 May 28. United States Army Corps of Engineers, 1993(a). McGee, S. [Personal communication with K. Allerton, Langely and McDonald] 1993 September 29. United States Army Corps of Engineers, 1993(b). Whitehurst, G. [Personal communication with K. Allerton, Langley and McDonald] 1993 September 24. United States Army Corps of Engineers, 1994. Whitehurst, Gene. [Personal communication with T. Langley, Langley and McDonald] 1994 May 4. United States Coast Guard, 1994. Spence, M.W. [Letter to J'. Whitney, Langley and McDonald] 1994 April 4. United States Department of Agriculture, Soil Conservation Service, 1985. Soil Survey of the City of Virginia Beach, September 1985. United States Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, 1994. Goodger, T.E. [Lett$.r to K. Allerton, Langley and McDonald] 1994 March 14. United States Department of the Navy, 1994. O'Neil I.E. ['Letter to K. Allerton, Langely and McDonald] 1994 April 21. United States Geological Survey, 1973. Cape Henry 7.5 Minute Topographic Q~m_..drangle. United States Fish and Wildlife Service, National Wetland Inventory, 1993. Cape Henry Quadrangle. Wrginia Department of Agriculture and Consumer Services, 1994. Pugh, S. [Letter to K. Allerton, Langley and McDonald] 1994 April 26. 63 Virginia Department of Air Pollution Control, 1992. Virginia Ambient Air Monitoring Data Report, January 1, 1992 - December 31, 1992. Prepared by Monitoring Division. Virginia Department of Conservation and Recreation, Division of Natural Heritage, 1994. O'Connell, T.J. [Letter to K. Allerton, Langley and McDonald] 1994 March 7. Virginia Department of Game and In/and F/sheries, Lands and Engineering Division, 1994. Virginia Boater Registration, 1994 March 10. Virginia Institute of Marine Science, 1979. Barnard T.A., D.G. Doumlele and G.M. Siiberhorn. City of Virginia Beach Marsh Inventory, Volume 2. Lynnhaven River, Lake Rudee and Their Tributaries. VIMS, June, 1979. Virginia Institute of Marine Science, 1994. Orth. R.A. [Telecon with K. Allerton, l_angley and McDonald] 1994 April 7. Virginia Marine Resources Cornnus'sion, 1994. Grabb, R.W. [Letter to K. Allerton, Langley and McDonald] 1994 March 4. Virginia Water Control Board, 1981. Ground Water Resources of the Four Cities Area, Virginia, State Water Control Board, November, 1981. Virginia Water Control Board, 1992(a). Virginia Water Quality Assessment for 1992. 305Co) Report to the EPA and Congress, 1992 April. Virginia Water Control Board, 1992(b). Commonwealth of Virginia State Water Control Board Regulations, Water Quality Standards (VR 680-21-00), 1992 May 20. 11.0 LIST OF AGENCIES, ORGANIZATIONS AND PERSONS TO WHOM COPIES OF THIS DOCUM'F~NT WERE SENT 12.0 COMMI~S AND COORDINATION 12.1 INTERAGENCY COORDINATION As part of the EA documentation process, extensive agency coordination was undertaken. The Pleasure House Creek project was formerly introduced to various resource and regulatory agencies at the Norfolk District Corps of Engineers at their inter-agency coordination meeting held on October 14, 1993. A scoping presentation was made and comments were solicited from the agencies in attendance. The presentation included an overview of the proposed project, pertinent history, discussion of the purpose and need and an introduction to the alternatives under investigation. Appendix D contains comments received as a result of the scoping meeting. Specific information requests were made to pertinent State and Federal agencies in order to thoroughly document all know natural resources within the study area and to accurately assess the impacts of the proposed project. Appendix E contain agency response letters. 12.2 PUBLIC PARTICIPATION The public participation process is an integral component of any NEPA document. A public information meeting was conducted on March 16, 1994. The purpose of this meeting was to present pertinent project information to interested citizens and to provide a forum for citizens to ask questions and/or submit oral or written comments. Approximately 225 citizens attended the meeting and 32 of those submitted oral comments. Speaker comments centered around locational issues rather than the purpose and need for the project. Following the meeting, 34 written comments along with 71 copies of a form letter were received by the City of Virginia Beach. The written comments are included in Appendix F. 0 RD-94-2 272 1 2 4 6 7 9 10 11 12 13 16 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ARTICLE III, DIVISIONS 1 AND 2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY AMENDING SECTION 2-84 PERTAINING TO ANNUAL LEAVE AND AMENDING SECTIONS 2-101, 2-102, 2- 103, 2-104, 2-105, 2-106, 2-107, 2-108, 2-109, 2-110, 2-111, 2-112 AND 2-116, AND ADDING SECTIONS 2-117, 2-117.1 AND 2-117.2 PERTAINING TO ADMINISTRATION OF THE BASIC PAY PLAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 2-84, 2-101, 2-102, 2-103, 2-104, 2-105, 2-106, 2-107, 2-108, 2-109, 2-110, 2-111, 2-112, and 2-116 of the Code of the City of Virginia Beach, Virginia, are hereby amended and Sections 2-117, 2-117.1 and 2-117.2 are hereby added, to read as follows: Section 2-84. Annual leave - Schedule of earning. Except employees of the school board, all full-time and part-time employees (excluding temporary and scasonat employees) of ity A- th the c ........... ime cm oyucs annual ....... z ~ ............ part-t shall earn leave and, with supervisory approval, may utilize annual leave upo~ accrual as follows: (1) All full-time employees or appointees, excluding fir fight king ~ ~ ..A ,~=, thi ty-seven e ers, wor ...... z .... ~; r and one-half (37 1/2) or more hours per work week shall be credited with (a) Eight (8) hours per month for each month of employment for employees having accrued the equivalent of less than 37 38 (c) Twelve (12) hours per month for each month of employment for employees having accrued the equivalent of ten (10) or more years, but less than fifteen (15) years, of full-time employment. (d) Fourteen (14) hours per month for each month of employment for employees having accrued the equivalent of fifteen (15) or more years, but less than twenty (20) years, of full-time employment. (e) Sixteen (16) hours per month for each month of employment for employees having accrued the equivalent of twenty (20) or more years of full-time employment. (2) The hours of annual leave earned per month for each hour worked by firefighters, excluding overtime hours, shall be computed by multiplying the number of hours worked per month, excluding overtime hours, by the following: (a) .046 for employees having accrued the equivalent of less than five (5) years of full-time employment. (b) .058 for employees having accrued the equivalent of five (5) or more years, but less than ten (10) years, of full-time employment. (c) .069 for employees having accrued the equivalent of ten (10) or more years, but less than fifteen (15) years, of full-time employment. (d) .081 for employees having accrued the equivalent of fifteen (15) or more years, but less than twenty (20) years, of full-time employment. (e) .092 for employees having accrued the equivalent of twenty (20) years or more of full-time employment. (3) Part-time employees and/or employees working a varied number of hours per week shall be credited with annual leave on a basis proportionate to that awarded fu]]-~ 72 73 75 76 77 78 79 8O (5) (6) month, a leave report shall be submitted to the department of pcrsonncl human resources. Under no circumstances shall annual leave be granted in advance of its accrual or paid in lump sum except upon termination of employment. When an employee is in a nonpay status for portions of a calendar month, then annual leave accrual for such month shall be reduced accordingly by the director of pcrsonncl human resources to reflect the employee's nonpay status. 81 82 83 85 86 87 88 89 90 91 92 93 94 9_ 96 97 98 99 100 101 Section 2-101. Definitions. For the purposes of this division, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them in this section: Class: A grouping of responsibilities, requiring jobs having similar duties and similar knowledges, skills and abilities and demanding similar qualifications so that the jobs may be appropriately titled and described, and the employees performing such jobs may be equally compensated. Full-time employee: A ~"~-~ ..... ~ ...... ~ ~ ~^~ ~ ~ city employee who is scheduled to actually work ~_~.._~..A ,~ thirty-seven and one-half (37 1/2) hours or more per consecutive work week. ti pl y p ' ^~ ...... ~ ~^ ~^~ ~= Part- me em o ee: A art-tlmc .... ~= .................... ~ city employee who is scheduled to actually work less than ~-~"-~"~~..~ ~.~ ~,'°=' thirty-seven and one-half (37 1/2) hours per consecutive work week. Permanent employee: A pcrmancnt ~-~ ...... ~-~ ~- ~-~m ~= ~ city employee who~ .... ~...~ .... ~ ~,.~ .... a ~- ~ ~ ~-~ ~ ......... has completed the required probation~ period as provided in section 2-108. 106 107 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 12~ 130 131 132 133 134 135 Range: The minimum through maximum salary levels assigned to a class. Temporary employee: A ~ ............ ~ ...... "~" ~^ ~-~ city employee who is employed in a position in which the length of employment is fixcd less than twelve (12) consecutive months. Section 2-102. General responsibility of director of pcroonncl human resources. The director of~....~ human resources shall be responsible for administering the application of the ~ city's compensation plan~ ordinancc and promulgating rules and regulations to carry out It~ their purposes. Such rules and regulations shall be subject to approval as to legal form by the city attorney and shall be subject to final approval by the city manager. Section 2-103. Review and amendment of plan; schedule adopted. ~a+ The director of~v,.,.~ human resources shall ~,.~-~"~..~2 regularly review assigned employee pay ranges, and when ncccssary appropriate, make recommendations for changes to the city manager. The ranges of pay for each class of positions may be adjusted by the city manager upon recommendation by the director of ~ .......... human resources, provided existing budgetary funds are available for any recommended increase. 139 140 1 142 143 144 145 146 147 148 149 150 151 153 154 155 156 157 158 159 160 161 16' 163 164 165 166 167 168 The effective date of original employment shall usually be the dat~ on which the employee.aGtually begins work and shall constitute th~ first day of the probation period. In cases when a city-recognized holiday, weekend, or city manager-designated inclement weather period prohibits the employee from reporting to work on the first day of a pay period, the effective date of original employment appropriately established by the director of human shall be resources. (b) An individual beginning employment for the first time shall usually be placed at the first step minimum salary of the pay range established for the class in which employed. Occasionally, however, based on a new employee's prior experience~ and fi pro ciency, or related criteria, a one-time signing bonus may be granted and/or placement may be accelerated up to --~ ~-~"~ ~^ '~~^~ ~ ~ -~-~^~ range twenty (20) percent above the minimum salary of the assigned range upon written recommendation by the employing authority and approval of the director of ........ ~ .......... human resources. Further acceleration within the assigned range may be authorized upon written recommendation by the employing authority, and approval by the director of human resources and the city manager. ~^ cff~t~-~ Section 2-105. Reemployment. Reemployment shall be thc status of defined as the rcturning --~ ..... '- employment ~ ..... of a former city employee following a separation from city employment of more than -~.-~"-~-'- '~=' ........ ~ ..... ~--~- day~ twelve (12) consecutive months, or the employment of a former probation or temporary 174 175 1 177 178 179 180 181 182 183 184 185 186 188 189 190 191 192 193 194 195 196 19' 198 199 200 201 202 203 204 .... · '-~--.~ .............. ~-'~-'-'z .............. .~ ,.,,. pl~ d at thc '~ "*"- ..... ltd ~ ........... All time ~,,~.,~'~ served in previous employment with the city shall not be counted towards the probation~--~ period, annual leave, service awards, or other longevity-based employment conditions or benefits with the exception of the Virginia Retirement System benefit that is determined in accordance with ..... E e veterans return ng to the city should refer to the Veterans' Reemployment Rights Policy. 8eotion 2-106. Reinstatement. (a) Reinstatement shall be defined as the employment of a former -A-~ employee "~ ~ .... ~ ~"~-~ A~ ~ ~" within ~-~^ ~'--~-~ ~ -~"~"-~"~ '~=' ........ ~"^ ~ twelve (12) consecutive months from the date of the employee's separation from the mcrit city service. To be eligible for reinstatement, the employee must have been in good standing at the time of separation from the mcri~ city service. Furthermore, the appointing department head must be in agreement and a vacancy must exist. The ........ ~ human resources shall determine the director of ~ appropriate anniversary date of the reinstated employee. The department head shall determine the position of the reinstated ........ ~ human resources shall employee and the director of ff determine the appropriate pay stcD salary within the ran~ 209 210 2 212 213 215 216 217 218 219 220 221 223 224, 225 226 227 228 229 230 231 23' 233 separation ~- thc -"'~' ~cr..cc shall be credited toward the probation~ period, annual leave, service awards, .......... , ..... ~" ~ ~ ~ ~"^ ity pl ~ ............. ~ ...... $, or other longev -based em oyment conditions or benefits, subject to necessary adjustments to account for the number of months of separation. Sick leave accrued prior to separation shall be restored to employees who are reinstated to ~he .extent that it is not transferred and used durin_~ interim employment with another participating employer. (b) An employee who has been retired because of a job related disability, although separated more than ~'"~ '~=' ........ ~--~ ~A~ d y 1 ~12) tire .... %~, ............ oa ....... a s, twe ve consecu months may be reinstated · -~'~ ~ ~ ....... banafits, provided that the following criteria are met: (1) The injury or disability which resulted in retirement was incurred in the line of duty; (2) The employee is certified by the city physician or a city- approved physician as being physically able to perform the duties of the position into which the employee is reinstated; (3) The employee meets all other requirements for the position into which he is reinstated; and (4) An opening for employment is available without the establishment of a new position or the reassignment of personnel to accommodate the employee. 234 235 236 237 238 239 Section 2-107. Conversion from full-time temporary or =c:=onal status to full-time probation or permanent status. Conversion shall be defined as the change, upon the request of the employing authority, from temporary or scasonal status to probational or permanent status. Upon such conversion, the ........ ~ human resources shall director of ~ .......... credit toward~ 244 245 247 248 249 25O 251 252 253 254 255 257 258 259 260 261 262 263 264 265 26 267 268 269 270 271 272 273 who have rendered acceptable service during their temporary employment. The director of human resources shall not approve any conversion unless there is an established permanent budgeted position. Section 2-108. Probationary period of employment. ti a~y i pi ' ...... ~ ~ .......... ~-- The proba on per od for em oyees ~ .... ~ .......... ~ ..... and ~- f..e) shall be defined as the initial six (6) calendar months (or the hourly equivalent thereof for part-time employees) of employment following an original employment or reemployment and terminating on the employee's anniversary date. The probationa~-y period for sworn police and fire personnel shall be twelve (12) calendar months of employment following an original employment or reemployment and terminating on the employee's anniversary date. However, the probationer-y period for all probationary employees shall be extended one (1) pay period for every fifteen (15) consecutive calendar days a probationer-y employee is on injury leave, suspension, leave without pay, or sick leave status. Any salary change which may occur upon completion of the probationary period shall not become effective until the first day of the pay period following such completion. Section 2-109. Changes in pay generally. (a) Administrative increase. An administrative increase shall be defined as a ..... ~..A ,~, ...... ~ ~ ....... ~ two and one-half (2 1/2) or five (5) percent increase within the pay range of a class that is awarded to an employee displaying exceptionally outstanding meritorious performance standards. administrative increase service that exceeds established Employees may be recommended for an upon submission of a letter of justification by the respective department head to the director of ........ ~ human resources, ~ .......... subject to the approval of th~ c~tv 278 279 281 282 283 284 285 286 287 288 289 290 292 293 294 295 296 297 298 299 30O 302 303 304 3O5 306 307 3O8 shall .be defined as a salary increase within the pay range of the hich pl i ig class to w the em oyee s ass ned .... ~A~ ~A ~..~_ ,,_A ........ ~ A_~ ...... that is awarded based on job performance accordance with the city's performance appraisal program, A formal performance appraisal shall be conducted for ~gach employee shall employee's anniversary date and each succeeding anniversary date thereafter ~ ~--~-~ ~- ~ .... ~ ~ pcrformancc ~ .... ~ ..... h~ ...... ~ ~ ....... for ......... ~~~-~-~ ~- ~ thrcc-otcp ' ~ ~ ' final ........ ~ ~" ~ ~ ......... ~ ........ all ~-~ ~- a t ..... ~ Merit increases shall become effective on the employee's anniversary date as provided in section 2-116v~ Thls '- ..... I~ given .... ~ ........... a s a on e awarded to full-time permanent employees. (e~) Administrative decrease. An administrative decrease shall be defined as a ~ .... '~ ..... ~ .... m"~ .... ..... ~- ~- pay unsat~-~,-~ .... 4.~ ~ .......... 4 .... ~,,~ two and one-half ~/2) or five (5) percent salary reduction within the pay ranqe of a class as disciplinary action resulting from unsatisfactory job performance or misconduct, An administrative decrease may be recommended at any time and requires a letter of justification ...... ~4--~ appropriate department head, This submitted by the ~ action is subject to approval by to the director of Dars~nn.e] 313 314 316 317 318 319 320 321 322 323 324 325 J~6 327 328 329 330 331 332 333 334 335 37 337 338 339 340 341 342 343 ........................ %~ ...... ; ~ ........... annua (~) Central i ......... Market adjustment. A general increase -~ classes of cmplcyecs ~-"~ ....... ~'- defined as a percentaqe .,increase to pay ranges on the city's compensation plans that may be provided to employees whose job classification is assigned to an affected pay range. This A market adjustment shall be recommended by the city manager and approved by the city council. General increases Market adjustments are not dependent on an employee's individual performance within a job class. (~)-~z~" Shift differential. A ~ shift differential shall be authorized whenever an employee compensated in a classification which is not designated by the director of~....~ human resources to require shift work is ..... ~~--~--~= permanently assigned to work a shift which commences on or between the hours of 3:00 p.m. to 3:00 a.m. Such employee shall receive the equivalent of a ~.~ ~, pay ~tep d~ ~ ~ .... five (5) percent increase in his or her normal salary rate for all hours worked during such time period only. Employees assigned to regularly: scheduled rotating shift work as designated by the director of h~man resources and the citv ~ana~r. ~nd ~mm]nv~ ~D~-=~ ~,, 347 348 ) 350 351 352 353 354 355 356 357 358 359 ~0 361 362 363 364 365 366 367 368 369 3- 371 372 373 374 375 376 377 Section 2-110. Promotion. (a) Promotion. A promotion shall be defined as an advancement by an employee to a classification assigned a higher pay range with more complex ~ob duties and responsibilities. No employee may be promoted unless there is a position vacancy and th~ employee is selected pursuant to a competitive selection, proces~ that is either restricted within the city or open to the general (b) When an employee is promoted, his or her salary will be increased as follows: for a promotion of one (1) pay ranqe, the salary increase will be five (5) percent; for a promotion of two ~2) or more pay ranqes, the salary increase will be ten (10) percent. (c) The effective date of all promotions will be the first day of a pay period. An employee who is promoted on his or her anniversary date and is eliqible for a merit 381 382 3 384 385 386 387 388 389 390 391 392 393 395 396 397 398 399 400 401 402 403 4~. 405 406 407 408 409 410 Section 2-111. Demotion. ~ A disciplinary demotion shall be defined as an assignment to a new classification with an assiqned pay..range lower than the assigned pay raDge of an employee's present classification as a result of disciplinary action. In cases of disciplinary demotion, the employee's assigned salary will be determined by the director of human resources and the anniversary date will be adjusted to one {1) year from the effective date of the disciplinary demotion. (b) A voluntary demotion shall be defined as an assiqnment to a new classification with an assigned pay range lower than the assigned pay range of an employee's present classification that is initiated with the concurrence of the employee. In cases of voluntary demotion, the ~mployee's assiqned salary will be determined by the director of human resources and the anniversary date will not be adjusted. Section 2-112. Reclassification. (a) A reclassification shall be defined as a reassignment of the appropriate job title,-and pay range and step to o__f an employee whose job responsibilities have been determined by the director of human resources to have evolved to a degree that the present job classification does not accurately reflect the actual duties performed. When such position cannot accurately be described or compensated by assignment to an existing class, the director of 416 417 3 419 420 421 422 423 424 425 426 427 428 %~9 430 431 432 433 434 A~ ~A ~.__ ~_ ..,;-~ --A--'~';f;A~ ~ and reassiqned to a higher pay range, the incumbent's salary shall be adjusted in the same manner as set forth in section 2-110(b). In cases where an incumbent's salary is below the minimum salary assigned to the new range, the incumbent will be assigned the minimum salary of the new range. (b) Whenever any employment position with the city is reclassified to a different class having a lower pay range, all employees ~ .... em~.,~j..-,.~ in the reclassified position at the time of ifi ca ti on , reclass shall continue to be compensated at the ~ salary received at that 435 436 437 438 43_ 440 441 442 443 444 445 Section Z-X~. Anniversary date. The anniversary date shall be defined as the date on which an employee becomes eligible for a variablc merit increase. The anniversary date for all probation employees will be adjusted one (1) ~ay period for every fifteen (15) consecutive calendar days of sick leave, injury leave, suspension, or leave without pay status. An employee's first anniversary date shall generally be the effective date of permanent status provided the employee has continued to perform in the same job class duties in a full-time capacity as originally employed. Otherwise, the employee's first anniversary date shall be six (6) months from the date assigned to 451 452 3 454 455 456 457 458 459 460 461 462 3 464 465 466 467 468 469 470 471 472 4' 474 475 476 477 478 479 duties, disciplinary demotion, or award or denial of a ....... e a~t .... of merit increase. However, where a voluntary demotion ~ ~^- ' - ...... ~ thc .... u ...... ntsv~ ~ ......... ~-- the employee's present anniversary date will remain unchanged. Section 2-117. Career progression. /~ A career proqression shall be defined as an advancement by an employee to a higher pay within a defined classification series. A career progression does not require a position vacancy. (b) When a career progression action occurs to an emplovee, the employee's salary will be increased in the same manner as set forth in section 2-110 (b). (c) The effective date of all career progressions will be the first day of the pay period. An employee who receives a career progression on his or her anniversary date and is eligible for a merit increase may also receive the merit increase based on the employee's performance appraisal in addition to the pay increase received for the career progression. Sec. 2-117.1. Chanqe in pay range for class. A change in pay range for class shall be defined as a reassignment upward or downward of the appropriate pay range assigned to a job classification as recommended by the director Qf human resources and approved by the city manager. When the pay range of a job classification is raised, all incumbent employees shall have their annual salary adjusted in the same manner as set forth in section 2-110 (b). When the pay range of a job classification is lowered, all incumbent employees shall continue to be compensated at the salary received at that time. 485 486 487 .d8 the Drov~sioDs of the Veterans' Reemployment Riqhts Act. The proces~ of the .filli.nq of vacancies shall be based on mer~ principles such as . equitable compeDsation, internal or open Competition., and equal employment opportunity.~. 489 490 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of June , 1994. 491 492 493 494 CA-5543 \ORDIN \PROPOSED\ 02-101ET · ORD R-4 JUNE 30, 1994 POLICY REPORT: COMPENSATION PROGRAM REVIEW Prepared By: Fagan D. Stackhouse Director of Human Resources June 9, 1994 POLICY REPORT: COMPENSATION PROGRAM REVIEW TABLE OF CONTENTS BACKGROUND .................................................... 1 Reasons For the Study Planning for the Future The Study Process Assumptions CONSIDERATIONS ................................................. 3 Study Items MAJOR TRENDS ................................................... 3 Policy and Practices Changes Establishing a Pay Philosophy EXTENDED BENEFITS, INCENTIVES, AND LICENSURES/CERTIFICATIONS ... 5 BUDGETARY IMPACTS AND CONSIDERATIONS .......................... 5 LEGAL CONSIDERATIONS ........................................... 6 ALTERNATIVE COURSES OF ACTION .................................. 6 RECOMMENDATIONS ............................................... 6 APPENDICES PAY POLICIES .......................................... 1-1 through 1-8 · Annual Leave Usage by Probation Employees · Starting Salary Hiring Flexibility · Returning Employees · Contribution Recognition Award · Promotion · Demotion · Anniversary Date Adjustments · Career Progression Table of Contents (cont'd.) PAY PLAN STRUCTURE ................................. 1-9 through 1-13 General, Administrative and Executive Pay Plans Movement Across Pay Ranges PAY PRACTICES ....................................... 1-14 through 1-24 Broadening of Classifications Broadbanding Skill-Based Pay Topped-Out Employees Pay Plan Adjustments Proposed Pay Philosophy Extended Benefits, Incentives Certificates and Licensures COMMENTS FROM EMPLOYEES: PERFORMANCE FEEDBACK PROCESS ...................... 2-1 through 2-6 Letter from Department Heads Letter from Compensation Review Employee Committee Employee Comments BUDGETARY IMPACT OF PROPOSALS ......................... Appendix 3 COMPENDIUM OF VARIABLE PAY ......................... 4-1 through 4-5 ro~ NO. ~.M ~ Policy Report Fagan D. Stackhouse COMPENSATION PROGRAM REVIEW BACKGROUND Extensive work and discussion have resulted in this report being offered for consideration and approval. Listed below are some of the key reasons for conducting this study. Reasons For Study (1) Debate and some concern about past pay practices and interest in the future of compensation in our City prompted some City Council members to request a review of existing programs in light of current human resource management theory. (2) The City staff recognized a strong need to ensure that the compensation program is compatible with and supportive of new directions of the City to support Total Quality Management principles, increased productivity, as well as growth and increased citizen service demands. (3) The staff also recognized that our evolving City government can no longer address its pay needs for the 1990's and beyond without some changes and an enhanced compensation system. Planning for the Future As a vibrant city that strives to be responsive to the needs of its citizenry, we will not serve them well to accept a compensation program that is merely average. Our employees have a need for a program that is clear and supportive of the basic values of the organization and competitive in the work arena. We must also provide the scope and depth in our pay offerings that will enable us to excell in our service delivery to the public. The major purpose of this study is to develop effective policies, systems, structures, and practices for the future. We are designing employee salary, benefits, recognition and reward systems which promote creativity, innovation, and teamwork for overall City quality and productivity improvements. Cost neutrality and a shift to more variable pay are pillars of the plan. A basic tenet of our philosophy is that our human resources are our greatest asset. Despite the forward looking focus of our system review, the essence of our approach is evolutionary rather than revolutionary. The review replaces old, ineffective policies and structures with new and enhanced programs in line with our strategic quality management philosophy, our "every day" city practices, and evolving organizational thinking. We believe improved morale and productivity will result from this redirection of the compensation system. The Study Process To establish a plan of action for compensating employees in the future, critical input was sought from City Council and top management. In addition we utilized an Employee Focus Group which represented a broad spectrum of employees, and we considered the Focus Group a critical element of the process. Survey instruments and follow-up interviews were used to gather considerable data. This package reflects the collective thoughts and desires of those who participated in our process, many of whom were in agreement on major directional changes. Assumptions For many years the City of Virginia Beach, like most organizations, followed the traditional human resources theory based upon behavioral principles that emphasized competition in performance and pay instruments that often caused supervisors to rely more upon subjectivity than an objective-based approach. The old behavioral assumptions exalted the individual, rather than the team, at times leading to divisiveness within work groups. Ironically the old approaches did little to impact upon how each employee was paid. Statistically 94% of all eligible employees received a 5% merit adjustment. The old point rating system not only did not work (i.e., was not a "merit" system), it actually was dysfunctional in terms of achieving positive results. The Total Quality Management philosophy is changing our focus. Department managers are now becoming clearer in their understanding of the criteria which result in City and departmental missions being accomplished. They can also more readily identify the employees who are not meeting the criteria. We believe that the changes will result in greater equity for employees, and that we will be better prepared to identify the employees whose performance is the most deserving of pay increases. A new set of assumptions is being offered. Critically important elements of our system include: Policies and practices based upon a unity of purpose and mission. A solid foundation of competitive and livable salaries, benefits and working conditions to attract and retain the highest quality employees. · An emphasis upon teamwork and team recognition, for example through gainsharing. Improvements in the knowledge, skills, abilities and experiences of individual employees balanced with improvements in processes, methods and tools. · Individual needs balanced with team needs. The noted revisions to policies and practices allow employees to work in a more flexible and open environment that better motivates the employee and enhances effective service delivery and productivity. A workforce more knowledgeable of the intent and purpose of its policies and procedures, and with input into the direction of those policies and procedures, is more motivated to support the organization and work towards its betterment. CONSIDERATIONS Study Items This Report addresses six topical areas. They are: objectives, pay policies, revisions to pay practices, pay plan structure, performance management, and pay plan adjustments. Each was thoroughly analyzed to ensure compatibility with City mission, organizational needs, policy directives and administrative guidance. Refer to Appendix 1 for changes proposed in the Compensation Program. This section provides current and proposed practices, and advantages and disadvantages of each area of the program studied. MAJOR TRENDS Policy and Practices Changes The proposal will make fundamental changes to some policies and practices, but with no overall cost impact. These changes simply make administering the program easier and provide greater flexibility. 3 Pay For Performance Traditional Pay for Performance and accompanying systems have been a mainstay in the City of Virginia Beach for over ten years. Many area cities are now establishing such systems, and a good number of cities nationally have not yet even established such programs. We feel, however, that it is time to enhance our "Pay for Performance" systems. We feel that it is essential to abandon the numbers and extensive quantifications and add more meaningful components to provide feedback, to allow greater learning, growth, and recognition for employees' contributions. We feel that this is a natural progression that other organizations will follow, as their experiences with traditional systems evolve. Under our system all employees will have an opportunity to achieve a level of pay based on performance requirements and objectives. The majority of employees are expected to meet the performance requirements. Employees who fail to meet the comprehensive set of requirements will receive no pay increase and will be provided counseling and coaching, as well as other corrective measures including disciplinary action as necessary. A third category of employees and teams will be recognized for outstanding achievement through one-time cash bonuses. Employees may be recommended for this recognition by any level of employee in the organization. The recognition would be approved by peer groups, Department Directors and the City Manager. In this regard, we have tried to capture the most effective approaches from across the nation which we feel are consistent with our community standards and employees' training, awareness and expectations. (See Appendix 2 - Comments From Employees and Managers On Use Of New Performance Appraisal System). The performance management system goes beyond focusing on individual tasks. Rather it emphasizes that every employee's performance impacts the immediate team and overall accomplishments of the City. The organization will gain a greater appreciation of the value of employees at all levels, and more meaningful dialogue will be established daily. Over the past two years we have utilized this new performance feedback approach with very successful results. Starting initially as a pilot project, the revised procedure was tested in actual performance evaluations. The reception was quite good and the procedure was made available to all departments on an optional and strictly voluntary basis. At the present time all departments except Police and Fire have chosen to use the new performance feedback system. Structuring Pay Plans and Jobs In redesigning our pay plans, we first combined the Executive and Administrative Plans. A total of 24 pay ranges were eliminated in our three pay plans. Most public sector agencies have not drastically reduced pay plans and ranges. A conscious effort should be made to reduce and combine as many ranges as possible, but it is suggested that it be done gradually, to minimize disruption, maintain internal equity, and prevent unpredictable costs and morale problems. Job restructuring is a critical element of this proposal, and future plans are to combine and broaden jobs as much as possible. Our long-term goal is to cluster or band more jobs and pay. It is recommended that a broad band pilot program be established and if successful, greater efforts will be made to further "broad band" other jobs. The City of Charlotte, North Carolina, is the only city in our region and perhaps nationally of comparable size which has instituted a massive broad banding program. There is no clear indication to date of its success, costs factors, etc. Establishing A Pay Philosophy Progressive organizations must position themselves to pay employees in relation to a specific market. The City Compensation Survey results indicated that we should set a pay goal or philosophy at the high end of the middle of our markets, which we have equated to the 75th percentile. Recognizing limited dollar resources, this goal may never be realized. However, parameters for paying employees should be established. Appendix 3 describes how we propose to implement such a pay strategy and keep market adjustment costs relatively constant. The 75th percentile represents only a goal to which we should aspire over the long term. If we are demanding better than average performance, we need to offer better than average pay. EXTENDED BENEFITS, INCENTIVES AND LICENSURES/CERTIFICATIONS Considerable efforts will be made to add new benefits at employees' expense, but at reduced group rates through the city payroll administration. Also provisions will be made to enhance employer-supported benefits for licensures and certifications. These extended benefits are positive trends nationally and provide multiple options to meet employee needs. BUDGETARY IMPACTS AND CONSIDERATIONS From the onset, our goal was to recommend Compensation Program revisions which had no cost impacts or are relatively "cost neutral". Our recommendations would result in compensation system enhancements which are within the cost neutral charge. Refer to Appendix 4 which shows the costs and costs avoided. 5 Secondly, our basic strategy is to offer a compensation package that will continue to control costs, especially "roll-up" costs (costs added to the base salary). Variable Pay such as gainsharing, one time bonuses, and low-budget recognition items, are excellent non-roll-up costs programs. Appendix 5 illustrates how this concept has been applied to programs in Virginia Beach. All City Code revisions have been previously prepared, and those with budgetary implications were done in concert with the Department of Management and Budget. LEGAL CONSIDERATIONS Implementation of the Report recommendations would require revisions to the City Code, Chapter 2, "Administration", pertaining to Administration of City Pay Plans. Ordinance language has been prepared in conjunction with the City Attorney's Office, in preparation for implementation if the proposal is approved by City Council. ALTERNATIVE COURSES OF ACTION The following would be possible alternative courses of action: (1) The City could continue with existing programs only. However, we believe that this approach would not allow the City to fully adjust to changing structural and employee needs. (2) Greater and more drastic program revisions could be implemented. However, we believe that system continuity and predictability would be reduced. Ideas such as broadbanding will be further explored and potentially piloted in limited areas and the results evaluated. RECOMMENDATIONS We have an opportunity to update, streamline and redefine our compensation systems by balancing our strengths as individuals and our organizational strengths Citywide, to more effectively deliver vital services to citizens. We are grateful for the significant participant input in our study effort. As we look toward the future, we trust that these system revisions will provide us with effective and rewarding results. Specifically, it is recommended that City Council: (1) (2) (3) (4) Continue to maintain a posture of affirmatively compensating its employees based upon affordability to the taxpayers, quality and level of services demanded, and fair market wages. Adopt II-H.l.e. (deferred on May 10, 1994) to increase salaries 2% effective July 1, 1994 for all employees and to provide merits of 2.5% for all eligible employees to occur on their anniversary date during FY 94-95. Approve further consideration of the proposed extended benefits for implementation by January 1, 1995. Approve further research on feasibility of incentives related to the utilization of annual and sick leave. Recommendations on implementing one or several programs may be forthcoming as well. Submitted By: /Fi~'an D. Stacld~ouse Director of Human Resources Date Approved By: Ja~.~es ~. Spore City'Wlanager Date APPENDIX 1-t CITY OF VIRGINIA BEACH COMPENSATION PROGRAM REVIEW (1994) PAY POLICIES ANNUAL LEAVE USAGE BY PROBATION EMPLOYEES CURRENT PRACTICE Usage begins at completion of probation period. Does not allow paid leave during probation period. PROPOSAL Allow new employees an opportunity to use leave based on accrual and as needed. ADVANTAGES DISADVANTAGES None Allows pay for leave during initial employment Consistency with accrual and usage for sick leave APPENDIX 1-2 CITY OF VIRGINIA BEACH COMPENSATION PROGRAM REVIEW (1994) PAY POLICIES STARTING SALARY HIRING FLEXIBILITY CURRENT PRACTICE Starting salary of up to 10 percent above minimum of pay range. PROPOSAL Starting salary up to maximum of pay range with approval of City Manager. ADVANTAGES Greater flexibility in starting salary with high caliber candidates. Several candidates for highly competitive positions recently have requested higher starting pay. - This amendment would also allow use of a one-time bonus that does not become part of base pay. Allows flexibility in granting signing bonus or starting higher in the pay range. DISADVANTAGES New employees may start at a higher level of pay than employees. some current APPENDIX 1-3 CITY OF VIRGINIA BEACH COMPENSATION PROGRAM REVIEW (1994) PAY POLICIES RETURNING EMPLOYEES CURRENT PRACTICE Starting salary of up to 10 percent above minimum of pay range. PROPOSAL Starting salary up to maximum of pay range with approval of City Manager. ADVANTAGES - Greater flexibility in starting salary with high caliber candidates. - This amendment would allow use of a one-time bonus that does not become part of base pay. - Allows flexibility in granting signing bonus or returning to work in a higher level in the pay range. DISADVANTAGES - Returning employees may receive a higher level of pay than some current employees. APPENDIX 1-4 CITY OF VIRGINIA BEACH COMPENSATION PROGRAM REVIEW (1994) PAY POLICIES CONTRIBUTION RECOGNITION AWARD (1-YEAR RENEWABLE PILOT) CURRENT PRACTICE New Program PROPOSAL Allows recognition bonus of up to $1,000 based on excellent service and contributions. Through the establishment of five peer review groups along citywide functional lines, nominations will be reviewed and recommendations made to the City Manager for bonus recognition. This program is in addition to the current City Manager's Creativity and Innovation Award Program. ADVANTAGES - Allows bonus (pay for performance bonus) for significant contributions to the organization. - Does not become part of base pay and will be considered as variable pay. - Ties in to the performance feedback system (employee performance review process). - Recognizes employees for significant contributions and results. - Allows flexibility in recognizing employees for collective (team) and unique contributions. DISADVANTAGES - Perception of favoritism by peer groups. - Inconsistency in applying criteria for awards due to change in peer group members. APPENDIX 1-5 CITY OF VIRGINIA BEACH COMPENSATION PROGRAM REVIEW (1994) PAY POLICIES PROMOTION CURRENT PRACTICE Competitive and non-competitive advancements are combined throughout the City government. PROPOSAL The term promotion would apply to advancement resulting from competitive processes for vacant positions only. (Example: movement from Master Police Officer to Police Sergeant.) ADVANTAGES Clarifies expectations and procedures. Streamlines processes and ensures consistency. DISADVANTAGES None APPENDIX 1-6 CITY OF VIRGINIA BEACH COMPENSATION PROGRAM REVIEW (1994) PAY POLICIES DEMOTION CURRENT PRACTICE Refers to process of demotion without distinguishing between a voluntary and involuntary demotion. PROPOSAL Clarify existing practices for voluntary/involuntary demotions. Disciplinary demotion: Assignment to a lower pay range as a result of disciplinary action. - The new assigned salary will be determined at the time of the demotion. - The anniversary date will be adjusted to one year from the date of the demotion. Voluntary demotion: Assignment to a lower pay range that is initiated with the concurrence of the employee. - The new assigned salary will be determined at the time of the demotion. - The anniversary date is not adjusted. ADVANTAGES - Clarifies expectations and procedures. - Streamlines process and ensures consistency. DISADVANTAGES None APPENDIX 1-7 CITY OF VIRGINIA BEACH COMPENSATION PROGRAM REVIEW (t994) PAY POLICIES ANNIVERSARY DATE ADJUSTMENTS CURRENT PRACTICE Anniversary date for probation employees adjusted one pay period for every 15 consecutive calendar days of sick leave, injury leave, suspension, or leave without pay. Anniversary dates for permanent employees may be adjusted for paid leave absences at the request of the department. PROPOSAL Adjustments occur for permanent employees on suspension or leave without pay only. ADVANTAGES Allows those on sick or injury leave to retain anniversary dates for nondiscretionary leaves. DISADVANTAGES A full and complete observation of a cycle of duties may not be provided. APPENDIX 1-8 CITY OF VIRGINIA BEACH COMPENSATION PROGRAM REVIEW (1994) PAY POLICIES CAREER PROGRESSION CURRENT PRACTICE Competitive and non-competitive advancements are combined throughout the City government. PROPOSAL The term career progression would apply to non-competitive advancement within a career series. (Example: movement from Police Officer to Master Police Officer.) Requirements must be met in all cases to be eligible. ADVANTAGES - Clarifies expectations and procedures. Streamlines processes and ensures consistency. DISADVANTAGES - Can be viewed as automatic advancements if requirements are not properly defined. APPENDIX 1-9 CITY OF VIRGINIA BEACH COMPENSATION PROGRAM REVIEW (1994) PAY PLAN STRUCTURE GENERAL, ADMINISTRATIVE, AND EXECUTIVE PAY PLANS CURRENT PRACTICE Established pay scale based on external competitiveness and internal equity. Administrative (professional, middle managers) and Executive pay plans are currently separate. PROPOSAL Combine Administrative and Executive Pay Plans. Eliminate unused pay ranges on General Plan. Overall result: elimination of 24 pay ranges (15 from General, 9 from Executive and Administrative). ADVANTAGES - Streamlined Plans - Less Paper DISADVANTAGES - Possible perception of loss of distinct benefits by executives. - Perception of lost earnings due to lower pay ranges. APPENDIX 1-10 CITY OF VIRGINIA BEACH COMPENSATION PROGRAM REVIEW (1994) PAY PLAN STRUCTURE MOVEMENT ACROSS PAY RANGES CURRENT PRACTICE Average of 5 percent annual adjustment resulting in approximately 7.5 years for employees to move from the minimum to the maximum of a pay range. Also known as variable merit and pay for performance: increase of 2.5, 5, 7.5 percent based on supervisory evaluation of performance. PROPOSAL A goal of 10 years for employees to move from minimum to maximum of a pay range based upon budgetary constraints. This amendment would eliminate the 2.5, 5, 7.5 percent variable merit and replace it with a system that includes the following: program objectives and job requirements, mission, self-development and other related requirements. To receive a merit increase, the above criteria must be met. ADVANTAGES Longer period before employees top out. Approximately 4.7 million dollars in avoided costs over ten years. Consistent with past merit increases: 94 percent of employees have been rated as acceptable or very good since the City began its variable merit system. Eliminates need to try to highlight minor differences between employees' contributions toward team cooperation. MOVEMENT ACROSS PAY RANGES Page Two APPENDIX 1-11 The effort taken to determine and defend a numerical rating for an employee could better be spent in more productive efforts. See attached articles: O Governing Magazine - Motivating Without Rewards: A Challenge to Public Managers by Robert D. Behn. O PA Times, American Society for Public Administration - Performance Appraisals: Panacea or Poison? O The Virginian Pilot and The Ledger Star - County OKs Teacher Pay Proposal: Fairfax's Pay for Performance Plan Seeks Quality DISADVANTAGES Perception that very few or no distinctions will be made based on levels of performance. APPENDIX 1-12(a) gA_NA(~ EME NT ROBERT D. BEHN Motivating Without Rewards: A Challenge to Public Managers manager has a theory of motivation. That theory ma)' be ct]v implicit--never stated, never even t~ought through. Neverthe- less, every, manager possesses such a theory -,id uses it to manage people. Actually, many managers have two different--indeed eontradictory-~eo- vies. First, they assume that other people are motivated by extrinsic rewards. This is what Douglas Mc(;regor labels The- or'5.' X: People dislike work; management must coerce and control them or per- suade them through rewar&. Personally, however, these same managers recog- nize that they are intrinsic~y motivated. For themselves, MeGregor's Theory Y-- work c~n be a source of real satisfaction, and people actually want responsibil- ity-is much more apphmble. In l)oth the public and private sectors, one way Theory X is implemented is through "pa)' for performance." There are two arguments for such pa)' plans: They are equitable--people ought to be paid for what they produce. And thev are effective---people will work hard ~f doing so x~4li produce more pay. But wait. In a recent l)ook, Punished ln.! Rewards, Alfie Kohn argues that "extrinsic motivators in the workplace are not only ineffective })ut often posi- tively counterproductive." Because "extrinsic factors eat away at intrinsic motivation," he continues, "the more closeh' we tie cumpensation (or other rewards) to performance, the more 'dam- age we do." Beviewing psychological research that goes back over half a cen- tuD', he cxmclndes that "manx' different studies find that rewards simply do not get people tn do a better job." Kohn's harsh critique of pay for per- form"'~ee fifliows in the tradition of not only Dot,r_Ja.s McGregor but 'also Abra- Robert D. Bchn. director of the Gover- nors Center at Duke University, is the author of Leadership Counts: Lessons fi~r Public Managers (Harvard Univer- sity Press). ham Maslow, Frederick Herzberg. Harry Lex4nson and W. Edxvards Dem- ing. if people remember an.xcJfing from Psychology 101, it is Maslow's hierarchy of needs: Once lower-level needs (such as those for food and shelter, s~ffeb', and love) are satisfied, people are motivated by higher-order needs, specifically esteem (or peer recognition) and seif- aclamlization (or the quest to accomplish something). Herzberg summa- rized his ideas about motivation in a classic Harvard Business Review article, "One More Time: How Do You Motivate Employees." Money is not a motivator, Herzberg concluded. Rather, what moti- vates people is achievement, recog- nition, the work itself and responsibility. If, however, money is handled badly, it can be a powerful demotivator. The title of Levinson's book. Thc Great Jackass FallacF. is a cxmcise sum- mar).' of his argument. If we seek to motivate people with carrots and sticks. he contends, we are treating them as jackasses and. thus. should not he st,r- prised when they respond like jackasses. Deming c',dled perfornmnce appraisals "management by' fear" and argn,ed vehe- mently, as he was wont to (io. rna "pay is not a motivator." Indeed, many managers have wil- nessed the depression that descends upon their workplace follnwing the annual performance reviexvs. This. itself, ought to provide enongh evi- dence to at least question the vidue pay as a motivator. Nevertheless. the simple, common- sense belief in Theory X is powerihl. It is so sin)pie, so c~ommonsensit~d, that it is di~cult t,, discard it---desl)ite flw exi- dencx'. Just it,; it seemed st) obxious that the sun revolved around the e~. sn it s~ms ~fl~ous that ~ople ~we motivated by ~ts and s~ck~. Ind~t, the ~t~ot- ~(l-sfick metaphor for human mofva- ~on is so compelling that it enters our everyday con,'ersation without any · on~t or chMien~e. Kohn. however, chMlenges it dirtily. The subtitle of his I~k is 'The Trouble with Gold Stars, Incentive PlanS, Praise and Other Bribes." Kohn doesn't simply dislike sticks. He hates c~ots t~. Kohn even hates pr~se. Kohn hates praise for the same reason that he hates gold stars, bonuses and o~er ~. B~-ause praise is implicitly promised fi~r good behavior, argues Kohn, it is nsed to control behavior just ~ nmch as ;we s~cks, be they physi~ nr psyc'holo~. "Pr~se, like ~1 rew~ls, is c~n~fiumfl," h~ x,~tes. "'~d thus "often undemfines thc in~nsic moSx-afion that leads lXxq)le to do ~eir [~st." tlow then can a manager motivate lXxq)ie? Kohn would "not require us to stop smiling." Bnt he would have our pr~st' [&:us not ou the indi;~tlu~fls praised but on what they have accom- l)lished. Neither would K~flm avoid cism. Thc challenge for nlanagers, he acimits. "is to avoid cles~using ptx)l)le's [in~usic] motivation whilc Ic~ug them kqmw thex haven't done well." Kohn's hook will not ol)litenae thc [wlief in Tht~' X that lives dCX'l) ns ~dl. Still. he ck~'s cludlen~e ns to n,nx' thoughflhl "'~c] explicit ;d)oul onr tn~ql theo~' of mo~va~on. Eve~' pul)lic nlautt~er could benetit kom thc retk'c- tion that comes kom readin~ Pun&s'hvd by Rt'wartk. 8(, (;OVF. I,ININ(; May 1994 AI,1ERi ) SOCIETY FOR PUBLIC ADMIrIISTRATIOH ) VOL. 17 HO. 6 JUNE 1 ~94 PA TIMES PerfonTlance Appraisals: Panacea or Poison? James Bowman Dennis Daley mentions a num- ber of good reasons to do Ihe wrong thing: cripple TQM by saddling it with performance appraisal. With more hopefld assumption than persuasive demonstration, he claims that personnel evaluation "has demonstrated vahle" as a "use- ful," "objective," "multifac- eted'' and synergistic technique th,al has many "advantages," all serving to "concentrate man- agement thought." These asserlions depend on inaccurate claims about Deming's beliefs (he specifically attacked MBO as "management by fear") and by, of all things, baseball, as it' it had something to do with public service. Let us address Daley's points that perfor- mance appraisal is needed for pay and promotion, lerminafio'n and employee development. While it is tree that employers need to set pay and select employees for promotion, per- Formance appraisal is an unnecessarily negative method. For pay, time after time the method's inherent competition ffenerams isolation and selfish- ness. Most workers end .p only a few hundred dollars per year differ- ent lhnn if there were not appraisal, bul with plemy of ill will m go around. We would (lo well to heed Deming on these issues. "I would cnnsider any- Ihing bul ranking." Deming preferred skill- based seniorily syslems and gainsharing for compensa- lion. For promolion he favored a consensus lhat develops over a tong period of time on those who have demonslmled leader- ship atlribu~es. Secnnd, Daley s.ggests Ihal perfo~ance appraisal is useful Io suppo~ an invohmla~ let- ruination. Supposedly a filing cabinet fldl of individual appraisals would give a TQM organization Ibc documenlalion needed Io feel secure agains~ legal attacks. Yet this is botl~ unnecessa~ and defo~ing. TQM provides ample monilor- lng dala for Ihe rare invohm- lary le~inalion and, more impo~anlly, il focuses on per- Ihrmance. 'I'o use appraisals redefines problems in a mauner that disln~s operations. Termi- n;iti(m shmthl he an isslle ;~f thc Performance appraisal never wofl(ed to begin with and is no longer relevant to TQM organizations. employee's performance, not of discipline. Finally Daley argues that per- formance appraisals can be transformed from "judging" to "developing" an employee. As long as Ihey really are used for setting pay and determining promotion, few employees are going Io believe in tiffs ~rans- fo~afion. Since TQM already bas builMn melbods of (level- oping employees, il is difficult Io see fl~c advantage in allempting Io refommlale a discredited procedure into a "we are here m help you" approach. Perfo~ance appraisal, in short, is undesirable for deter- mining pay ami prrmmlinn, is nnl suilahle for ~niscellanem~s personnel aclion like involun- tary h:~millati{m, aod is UlmeC- essary for develop- lng employees. Moreover, it often causes ill will about pay, is a phony way to promote, ;nld dis- torts operations in legalistic specula- lion. As Deming said, it is truly a , serious management disease lhat fi,els shoal lerm thinking and mobili- ty ami most be eradicated. This unnee(led and redun(lant technique is the dangerous ves- tige of orfllodox systems based on file discredited belief that. managers on tl)e top need to "control" people rather than empower flmm to do good work. Eliminating fi'tis dead hand of the past will'liberate staff employees who bare wasted their time trying to administer, reorganize, adjudi- cate and justify the'traditional personnel system. Now they will be free to do the real work of the agency. To conclnde, performance appraisal never worked to begin with and, in any case, it is no longer relevant to TQM organizations. Clinging to this outmoded technique in the hope that it can somehow be made better will choke innova- tion since it undermines a key ~enet of TQM that quality is achieved by improving , process, not by blaming employees.. The author teaches personnel at Florida State University and is the attthor of a recent article itt PAR on TQM and Perfor- mance Appraisal. The viewpoints expressed in the Commen[ary Section of PA TIMES are tile individuals' and are not necessarily Ihe viewpoints of ASPA or the organizations they represent. ASPA welcomes letters to tim editor on any public management issue. Send lollers and commenlary pieces m: ASPA, PA TIMES/Commentary, I 120 G Street, NW Shire 700, Washington, DC 20005 APPEHDIX 1-13 THEV1RGINIAN-PILOTANDTHELEDGER-STAR FRIDAY, F0tY 13, County OKs teacher pay proposal Fairfax's pay for performance plan seeks qualit7. ASSOCLATED PRESS FAIRFAX - The Fairfax Counv:' School Board has approved a merit pay plan similar to the 6-year-old system the board eliminated last year. "Performance-based pay will keep Faiffax Count5' schools on the cutting edge of American educa- tion,'' Ga-5' L. Jones, the board's chairman, said after Thursday night's 6-5 vote for the SS million plan. "We ~ill now continue to re- ward our teachers for their pe:-for- mance in the classroom." Proponents o[' the new "pay-for- performance" plan say linking teachers' pay to their performance will benefit students by improving the quality of classroom teaching. Critics sa}, gi~Ang bonuses to teachers who perform well in the classroom ~-ill have no effect on the quality of education the children receive. They say the majori~' of teachers oppose merit pay because they believe the evaluation system is ~iased and unfair. After the vote, they reacted with anger, saying that they will contin- ue to oppose merit pay and work for its repeal once again next year. '.'Teachers will wake up tomor- row completely demoralized," said Kelly Peaks Homer, president of the Falrfax Education Association, which represents 6,000 teachers. "Hopefully, we can get the board to do the right thing eventually." Under the plan, teachers x~-ii1 be evaluated by their principals on a four-tier scale and may appeal the findings to a panel of their peers. Those receiving one of the top two ratings, "skillful" or "exemplary," will be awarded bonuses of 5500 and $1,000, respectively. School officials estimate 85 per- cent of the system's 10,000 teachers will receive one of the bonuses. Of- ficials say the plan, which is to go into effect in September, x~5/l cost about $5 million in the first }'ear and more in follo~Sng years. In 1986, Superintendent Robert R. Spillane persuaded the School Board to develop an evaluation pro- cess for teachers and adopt its first merit pay plan. Teachers were eh- gible to compete for the top rat/ngs and the accompanying salary, in- creases. When budget pressures in 1990 forced board members to change the raises to one-t/me bonuses, teachers balked. By 1992, the sys- tem was widely unpopular among teachers, and board members re- lented by voting to phase it out. Last year, the board voted to elimi- nate it. APPENDIX 1-14 CITY OF VIRGINIA BEACH COMPENSATION PROGRAM REVIEW (1994) PAY PRACTICES BROADENING OF CLASSIFICATIONS CURRENT PRACTICE Over 800 job classifications (in a series or as unique job titles) currently exist. PROPOSAL An ongoing and greater concerted effort to broaden existing job classifications to reduce number of job titles, a process which has already begun. ADVANTAGES - More streamlined plans. More comprehensive jobs. More flexible jobs. - Broader utilization of skills and abilities. - Greater opportunity for ease of rotations. - Creates more hands-on and managerial combinations. DISADVANTAGES - Fewer advancement opportunities - Perceptions of more work and same recognition. - Perception that surrounding organizations have greater opportunities for advancement since they would have more titles and levels. APPENDIX 1-15 CITY OF VIRGINIA BEACH COMPENSATION PROGRAM REVIEW (1994) PAY PRACTICES BROADBANDING CURRENT PRACTICE Over 800 job classifications (in a series or as unique job titles) currently exist. PROPOSAL Pilot broadbanding by collapsing titles, functions, and pay ranges in departments where unique classification series exist. ADVANTAGES More streamlined plans. More comprehensive jobs. More flexible jobs. - Broader utilization of skills and abilities. Greater opportunity for ease of rotations. Creates more hands-on and managerial combinations. DISADVANTAGES Cost may be considerable to combine pay ranges. Long-term costs are unpredictable. Fewer advancement opportunities. Perception of more work and same recognition. May create dual systems unless applicable citywide. Requires a shift from traditional thinking of advancement as an upward movement to thinking of advancement as continued lateral movements. - Perception that surrounding organizations have greater opportunities for advancement since they would have more titles and levels. APPENDIX 1-16 CITY OF VIRGINIA BEACH COMPENSATION PROGRAM REVIEW (1994) PAY PRACTICES SKILL-BASED PAY CURRENT PRACTICE Recognition of skills used but not required of the position provided through base pay increases (if not topped out) or through Class Act Awards. PROPOSAL Recognition program to identify when skill-based pay is appropriate. Further study and piloting would be necessary before formalizing this program across the City. ADVANTAGES Provide standardized method of recognizing skills used but not required of the position. Recognition would be through a variable pay (lump sum) method rather than becoming part of base pay. DISADVANTAGES Perceptions that some skills not recognized for special pay should be given recognition. Difficulty in determining when or if to apply skill-based pay in some instances. CITY OF VIRGINIA BEACH COMPENSATION PROGRAM REVIEW (1994) PAY PRACTICES APPENDIX 1-17 TOPPED-OUT EMPLOYEES CURRENT PRACTICE Approximately 50 percent of the City's workforce is topped out. Topped-out employees are eligible for general increases, but are not eligible for merit increases or other increases affecting base pay. PROPOSAL Recognition of in-range and topped-out employees for exceptional contributions will be allowed through the Contribution Recognition Program. Awards will be in the form of variable pay that will not affect base salary. ADVANTAGES Provides means of recognizing topped-out employees that have not before been available. DISADVANTAGES None APPENDIX 1-18 CITY OF VIRGINIA BEACH COMPENSATION PROGRAM REVIEW (1994) PAY PRACTICES PAY PLAN ADJUSTMENTS CURRENT PRACTICE Salary surveys of the public sector conducted at regular intervals: - local survey every year primarily incorporating clerical, skilled, and technical positions. - regional survey every two years incorporating professional and middle management positions. - executive survey every two years for department director positions. - see attached for more information. PROPOSAL Annual salary survey of public and private sectors would be conducted and incorporate all employee levels. Salary adjustments would be based on available revenue, market surveys, consumer price and/or deflator index, and local market conditions and comparative living costs. The general increase would be replaced by the term market adjustment. The City's pay philosophy would establish a goal of paying employees ar the 7$rh percentile of identified markers. ADVANTAGES - Ensures fair market wages. - Clarifies pay strategy. - Provides a stated and consistent pay philosophy. DISADVANTAGES - Market adjustments may be applied to salary scales only, depending upon available revenues. APPENDIX 1-19 PROPOSED PAY PHILOSOPHY FOR CITY OF VIRGINIA BEACH WHAT IS IT?. It is a goal in which the City or any organization establishes pay levels for its employees. This is a proposal to establish a goal to pay City employees at the 7$th percentile of market survey cities and other public and private sector organizations. It may or may not ever be achieved. HOW WILL IT WORK? (1) COMMENTS: Market research will be conducted annually to determine how City employees' pay compares to other government agencies and private sector organizations. (2) Comparisons of pay for all reporting survey participants will be made with Virginia Beach Benchmark positions. (Match positions.) (3) General market adjustment for all employees will take into account cost-of-living, deflation factor, CPI, and other factors. (4) If some positions are severely under-paid as a result of the study, reallocations to appropriate pay ranges will occur. This will be the method to address the 75th Percentile goal. Departments whose employees are impacted by the realiocations will be required to find necessary funds for pay adjustments as currently required for reclassifications. in the past there generally was no pay goal for employees and therefore no consistent approach to paying employees. Private sector comparisons were not utilized. ('~'~ '~doo ~u!uu~ld) Z99'9It, O0~'/.P 009'60! 6Z~' 9~E'~LI 000'L~ ~6L'~I 000'~$I NO~V~d~ S~LLNflO~}/S~I.LI~) VINI~)IIIA A~IAHflS AIIVTv'S APPENDIX 1-21 LOCALITY Alabama BIRMINGHAM Florida JACKSONVILLE MIAMI TAMPA Geor~a ATLANTA Kentucky '"" .OUISVILLE Louisiana NEW ORLEANS Maryland BALTIMORE North Carolina CHARLOTTE Tennessee MEMPHIS NASHVILLE REGIONAL SALARY SURVEY POPULATION LOCALITY Vir~nia 265,968 672,971 358,548 280,015 RICHMOND ALEXANDRIA FAIRFAX CO. NORFOLK ARLINGTON CO. CHESTERFIELD CO. HENRICO CO. VIRGINIA BEACH 394,017 269,063 496,938 736,014 395,934 610,337 510,784 POPULATION 203,056 111,183 818,584 261,229 170,936 232,900 217,881 416,662 APPENDIX 1-22 LOCALITY Arizona PHOENIX TUCSON California SAN JOSE LONG BEACH OAKLAND Colorado DENVER Maryland '~'~ALTIMORE Missouri KANSAS CITY ST. LOUIS New Mexico ALBUQUERQUE North Carolina CHARLOTTE Oklahoma OKLAHOMA CITY TULSA Ohio ~'"~OLUMBUS CINCINNATI NATIONAL EXECUTIVE SURVEY POPULATION 983,403 405,390 782,248 429,433 372,242 467,610 736,014 435,146 396,685 384,786 395,934 444,719 367,602 632,910 364,040 LOCALITY Texas EL PASO AUSTIN Fr. WORTH Virginia RICHMOND ALEXANDRIA FAIRFAX CO. NORFOLK ARLINGTON CO. HENRICO CO. VIRGINIA BEACH POPULATION 515,342 465,622 447,619 203,506 111,183 818,584 261,229 170,936 217,881 416,662 APPENDIX 1-23 CITY OF VIRGINIA BEACH COMPENSATION PROGRAM REVIEW (1994) PAY PRACTICES EXTENDED BENEFITS, INCENTIVES CURRENT PRACTICE City contributes to Health and Dental insurance coverage. employee's option and expense. PROPOSAL Offer of extended benefits to include supplemental life insurance, short-term disability, long-term disability, and long-term care at the employee's option and expense. ADVANTAGES - Extended benefits offered at group rates and therefore less expensive for the employee. - Closes the gap of needed benefits for employees and their families. DISADVANTAGES - Perception paperwork. Legal plan offered at of additional administrative time to process supporting APPENDIX 1-24 CITY OF VIRGINIA BEACH COMPENSATION PROGRAM REVIEW (1994) PAY PRACTICES CERTIFICATES AND LICENSURES CURRENT PRACTICE Payment for certificates and licensures, whether required or desired by the City, may be absorbed by departments depending upon availability of funds within the department's budget. PROPOSAL Certificates and licensures required by the City, or a state or federal agency, and/or otherwise proven to enhance the job, will be paid for by the City with funding set aside in a nondepartmental account specifically to fund certificates and licensures. ADVANTAGES Uniformity in payment. Fewer employees hampered certificationsllicensures. by inability to pay for desired Equity/fairness issues addressed: currently some non-required certifications are paid for by the City while some required certifications are absorbed by the employee. DISADVANTAGES None VIRGINIA BEACH APPENDIX 2-1 Inter-Office Correspondence May 26, 1994 James K. Spore City Manager City of Virginia Beach Municipal Center Virginia Beach, VA 23456 Dear Mr. Spore, Since 1990 we have been working to transform the city organization into one which fully embodies the quality management philosophy. We know that an organization which focuses on customer service, employee empowerment and continuous process inprovement is what will be needed to cope with the future demands being placed on local government. One of the many things we identified early on was that the City's support mechanisms need to change to support the quality philosophy of the organization. These support systems are such things as the pay plan, the purchasing program, the accounting and data processing systems and others. Last fall you instructed the Department of Human Resources to begin studying the city's pay and classification plan to transform it into a system which would more fully support the City's quality management effort. It was clear that we needed a pay plan which motivates the work force, encourages teamwork, eliminates conflicts among employees, encourages continuous improvement and achievement of organizational goals and gives employees a sense of pride in the City's organization. The Human Resources Department worked vigorously on this effort and involved many City employees and all Department Heads on a six month study. The changes recommended from this study were included in your FY 94-95 Budget Recommendations but have not yet be acted upon by City Council. Among other things the proposed changes would fully support complete implementation of the new Employee Performance Feedback process which replaces the old Management by Objectives performance appraisal. Since its implementation last year on a pilot basis this Performance Feedback process has proven to be extremely successful and appreciated by employees. It allows employees input in their own evaluation process and encourages them to set personal APPENDIX 2-2 goals and identify ways to support organizational goals. It is a genuinely positive experience for employees and management. The Internal Services Team of departments signing this letter are very supportive of the recommended pay plan changes and believe they do support the quality philosophy of our organization. Each of us has discussed these proposed changes with our departmental employees and we find that there is significant support among the work force for your recommendations. Please urge City Council to adopt them and help us continue with the quality revolution in Virginia Beach. ~ ["~'// Sincerely, ~ · . - .i./,7 DMG/1 js APPENDIX 2-3 VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE June 6, 1994 James K. Spore City Manager City of Virginia Beach Municipal Center Virginia Beach, VA 23456 Dear Mr. Spore, Last fall the Department of Human Resources formed a Compensation Review Employee Committee to assist in the study of the City's compensation system. From the outset of the compensation study, the Compensation Review Employee Committee has worked very hard to provide recommendations to the Human Resources Department on how the compensation program should be changed to support the City's quality management effort. These recommendations have been forwarded to City Council for approval. We understand that the City Council is still studying the recommendations and would like to provide you with some additional thoughts on the pay plan structure, specifically, the issues of pay for performance and movement across the range. Pay for P~rf0rmance No employee can be an outstanding performer without the help and encouragement of fellow employees as well as his/her supervisor. The new performance feedback system emphasizes this fact by evaluating an employee's contribution to the overall department mission. The performance feedback system should be viewed more as a communications tool and not an evaluation for a reward. If an employee accomplishes a task in an outstanding manner, then he/she should be rewarded as soon after that task is accomplished as possible by using one of the many award programs already available. The committee has also recommended an additional award program based on peer review. Recognition of outstanding service should not be stored up for the annual evaluation but should come when appropriate throughout the entire year. The new performance feedback system is based on a pass/fail method. The disadvantage to this system is outlined in the compensation review package presented to City Council as a "perception that very few or no distinctions will be made between employees based on levels of performance." This disadvantage has a purpose. The performance feedback is not meant to evaluate only individual performance, but to recognize an employee's contribution to the "team". Individual performance achievements can be rewarded by other methods that the City already has in place. The new performance feedback system gives teamwork equal importance to individual achievements. APPENDIX 2-4 Movement Across the Range After much informed debate, the employee committee agreed upon a ten year goal for movement across the range (4.5 % per year). This allows the City Council flexibility in terms of the actual percentage allotted for merit increases in any given year. The proposal Sav~ money over the current policy. Because there are many employees who are already at the end of their range, merit increases are available to less than half of the current workforce and must be earned. It is quite possible that certain individuals will not complete the range in ten years if their performance is not satisfactory. The employee committee feels that the worlcforce understands the current budget climate and that a 4.5% raise may or may not be available in the upcoming years. However, the committee felt strongly that the ten year goal was reasonable and that to change that goal to more than ten years would be a demotivator to employees. The members of the Compensation Review Employee Committee signing this letter are grateful to the Human Resources Department for soliciting our input and we support the recommendations as they have been forwarded to City Council. We feel that teamwork is equally important to individual achievements and have seen increases in productivity due to teamwork within our own departments that would not have been possible through individual effort. Through our work on the compensation review committee we have experienced teamwork in action and are certain that our recommendations support the City's efforts to move toward a work place focused on quality. Sincerely, APPENDIX 2-5 COMMENTS FROM EMPLOYEES ON USE OF THE NEW PERFORMANCE FEEDBACK PROCESS "Evaluations do not seem to generate the negativism associated with the old numerical system. The biggest complaints I received was their performance was associated with a number. The mere absence of the numerical system has reduced fear of being evaluated. The new system facilitates two way communication. The form itself allows the opportunity for positive comments from the supervisors perspective and solicits "areas of strength." Furthermore, it does not overlook "areas of improvement," but because it follows "areas of strength," it can be addressed from a positive perspective of enhancing improvement rather than the previous (old) approach of only addressing negative behavior." "The self-development plan" is an extremely positive addition that allows both parties to develop an mutually agreed upon plan (training, equipment needs, etc.) to address the previous "areas of improvement." It ties these two criteria together nicely and facilitates two way communication. Also, the employee comments section provides an opportunity for the employee to state his or her views. I think that it very important to give the employees a chance to express their unedited feelings. Finally, the elimination of the sliding scale tied-to-numbers merit increase adds to the attractiveness of the new method of performance feedback." "It is simple, concise and requires the supervisor to be precise in their written comments. The supervisor must also be familiar with the department mission and how each individual fits into the picture. The written items are brief and the employee has an area for their comments. It has fostered better oral communication, not only at the time of evaluation but throughout the year. This has made the employee more confident in where they stand and eliminated "surprise evaluations." "The major improvement of the current process is that it helps both the supervisor and the employee focus on how well the employee's efforts are addressing the departmental mission, and it provides a forum whereby the supervisor can work with the employee in forming a plan for self-development. In addition, by removing the rating and ranking, employees are not seen as being in competition with one another, thereby promoting greater teamwork and cooperation." APPENDIX 2-6 COMMENTS FROM EMPLOYEES ON USE OF THE NEW PERFORMANCE FEEDBACK PROCESS "One aspect of the new employee feedback process is that our department especially likes is the elimination of the numerical scale. Numerical ratings basically judge employees on their past year's performance. The new process facilities communication between employees and supervisors and helps each to focus on strengths and weakness in a manner that is both positive and productive. Overall, this approach is far more meaningful and helpful than the previous rating scale evaluations." "The new process encourages effective communication, cooperation and teamwork. The old rating system with numbers was very unfair." "With the new process, both supervisors and workers can do more in less time to build trust and teamwork." "The new process has proven to be an excellent change. With the old system, many employees were completely left out of the process, with the exception of signing their name to an evaluation form. Now employees have the opportunity to comment on issues of concern. Their input provides supervisors with great knowledge of needs. This new process also eliminates putting a "number" on someone's performance." "The new Performance Feedback Process is a tool the entire organization should utilize. This process allows the employee to learn the mission/goals of the organization and how his/her position impacts the organization as a team. Since my department has adopted the new Performance Feedback Process, I have enjoyed communicating with my boss what I believe to be my positions impact on the organization. I have been able to set both professional and personal goals with the support of him. This new process allows for two way communication. I don't feel as if I'm dictated to." APPENDIX 3 COMPENSATION PROGRAM REVIEW ANNUAL BUDGETARY IMPACT FOR PROGRAM PROPOSALS Program Component Contribution Recognition Program (Replaces lump sum bonus system) Lump Sum Bonus System Extended Benefits CertificateslLicensures Enhanced Class Act Awards Movement Across Pay Range (10 years vs. 7.5 years) Cost $55,000 0 $23,OOO $ 5,000 COSTS AVOIDED/ NET SAVINGS Costs Avoided $ 55,000 $478,604 (yearly avg.) $450,604 COST ANALYSIS Pre-FY93/94 Compensation Program Costs Variablc Pay Programs (0.2%) Total Fringe Bcncl'ils (17.8) Salaries (82.0%) Pre-FY93/94 Variable Pay/Incentives ('lass Acl (I .7~/~,) Training ~ ~" (_,..5 7,,) CMA (4.7%) ES1 (2.4'~ ) Tuition (61.0%) Sen, ice Award (7.5%) COST ANALYSIS: Existing And Proposed Compensation Program Costs Tolal Fringe Benefits (17.7%) Total Variable Pay (1.12;) Salaries (81.1%) COST ANALYSIS: Existing and Proposed Variable Pay/Incentive Programs Other Variable Pay/Incentives (17.8% ~ l.icensurcs (6.. Conlrilmlion ~ 13.5% ) Training ( 17.5% Gainsharing t8.~..- % ~ CMA ( 3.4% Sen, ice Award ~5.8% ~ Tuition (47 4% ) I X Z W §U!J~qSU!eO SeJllSUe::)!-I uo!;nqoiuo0 dS3 lov SSelO uo!i!ni pm/~V eovues VlalO 0 000'003 O00'OOP 000'009 000'009 000'000'~ O00'O0~'t 000'00~" t 000'009'~ O00'O08't stueagOad o^~luoouI/~t~d olqe!:teA posodoad pue gu!l~!.xH :SIS]~'-IVNV £SOD ! I 1 I I ~/~- Pe at Marwick Management Consultants I "! '1 I Quality and experience for measurable results Manufacturing and Technology Industries Financial Institutions Insurance Real Estate and Hospitality Health Care Government Services Higher Education and Not for Profit Airports Retail and Wholesale Energy Utilities Environmental City of Virginia Beach CONVENTION CENTER HOTEL STUDY Final Report June 1994 ! I I I I I ! I J ! ! I I ! ! I I I I For further information contact: Jon Simon, Partner Lan Elliott, Consultant Real Estate and Hospitality Consulting One Biscayne Tower, Miami, FL 33131 Telephone 305-358-2300 Facsimile 305-381-6529 Jeff Sachs, Manager Real Estate and Hospitality Consulting 303 Peachtree Street N.E., Suite 2000, Atlanta, GA 30308 Telephone 404-222-3357 Facsimile 404-222-3431 .~J~ Pe at Marwick I I ! t ! I I } I ! ! I I ! I I I I I Convention Center Hotel Study 2 3 4 5 6 Report Letter Introduction Lodging Market Overview Site Analysis Estimated Performance of the Subject Hotel Public Investment Analysis 4 7 23 36 51 ~Peat Marwick t I ! t ! I ! '~ I i i i ! I I I I I ! Convention Center Hotel Study 3 4 5 6 Report Letter Introduction Lodging Market Overview Site Analysis Estimated Performance of the Subject Hotel Public Investment Analysis 1 4 7 23 36 51 ~Peat Marwick I I I ! ! I ! ) I I i I I I I i I I I June 1,1994 City of Virginia Beach cio Mr. Brad Tazewell, Jr. Williams, Tazewell and Associates 710 West 21st Street Norfolk, VA 23517 Dear Mr. Tazewell: We have completed Phase I of our engagement to assist you in assessing the market potential of a convention center hotel in Virginia Beach, Virginia. This report, addressing the market potential of the proposed hotel, should be considered the first step in developing a complete understanding of the project. The next step should assess the financial and funding issues associated with a potential public-private partnership. The work completed to date is in accordance with the terms of our engagement letter dated January 14, 1994. The data included in this report has been extracted from information supplied to us during discussions with representatives from the City as well as through various other primary and secondary sources. We have utilized sources which are deemed to be reliable but cannot guarantee their accuracy. Moreover, estimates and analysis regarding the project are based on trends and assumptions and, therefore, there will usually be differences between the projected and actual results because events and circumstances frequently do not occur as expected, and those differences may be material. 2 ~Peat Marwick I I I I I I I ) I ) ! I I I I ! ! I I Because of its special nature, our report may not be suited for any purpose other than to assist the City of Virginia Beach in assessing the potential of convention center hotel in Virginia Beach, Virginia and, as such, is restricted for the City's internal use only. Additionally, our report reflects events and circumstances as they currently exist. We have no responsibility to update this report for events and circumstances occurring after the date of this report. The procedures we performed are limited in nature and extent and such procedures do not constitute an audit, examination, compilation or review in accordance with standards established by the American Institute of Certified Public Accountants and, therefore, we do not express an opinion or any other form of assurance on the information presented in this report. We have enjoyed working on this engagement and our relationship with the City of Virginia Beach and Williams, Tazewell and Associates. We look forward to the opportunity to provide you with continued service. 3 ~Peat Marwick i I I I I ! I I t t I ! I I i I ! I I Convention Center Hotel Study 4 5 6 Report Letter Introduction Lodging Market Overview Site Analysis Estimated Performance of the Subject Hotel Public Investment Analysis 4 7 23 36 51 4 ~-~Peat Marwick I I i I i ! I ~ I I ! I I ! I I I ! I Convention Center Hotel Study To address community objectives in the convention and tourism industry, the City of Virginia Beach proposes to determine if sufficient market demand exists to warrant the construction of a new convention hotel. The hotel is proposed to be either a stand-alone convention hotel or a hotel adjacent to the existing Pavilion Convention Center. The Pavilion, located approximately half a mile from the beach, currently offers 64,600 square feet of function space. Because developing the convention center hotel could represent a public-private joint venture the City engaged KPMG Peat Marwick to assist them in assessing the issues surrounding the project. This report outlines the issues, specifically addressing: The Virginia Beach Lodging Market; The merits of three designated sites for the proposed facility; The market demand potential for a convention center hotel in Virginia Beach; and The level of public investment that could potentially be required to entice a developer. 5 ~Peat Marwick I I I I I I ] I I I I I J I I I I ! To assist the City in assessing the issues surrounding the proposed convention center hotel, the following tasks were completed Interviews with existing conference center management Interviews with the City of Virginia Beach Convention & Visitors Bureau management and staff Interviews with the president of the Virginia Beach Innkeepers Association and local hoteliers Review of a 1991 Deloitte and Touche study entitled "Pavilion Expansion Feasibility Study" Survey of local hotel facilities Evaluation and ranking of the three designated sites based on a number of criteria Analysis of pertinent economic and demographic trends in the Virginia Beach area Analysis of comparable/competitive hotel properties Analysis of hotel supply and demand characteristics of the Virginia Beach area Penetration analysis to determine potential occupancies at two of the sites Average rate analysis to determine potential average rate at two of the sites Case studies of hotel public-private joint ventures 6 ~Peat Marwick I I i I ! ! ! ! I i I I I I I I I I I Convention Center Hotel Stud~ 1 Report Letter 2 Introduction 5 6 Lodging Market Overview Site Analysis Estimated Performance of the Subject Hotel Public Investment Analysis 1 4 7 23 36 51 7 J~'~Peat Marwick I I I I I ! i i I I I I i i ! I I I I The Virginia Beach lodging market In this section, an overview is provided of the Virginia Beach lodging market and the area's convention hotels which would compete with the proposed hotel. The issues addressed include the following: · Recent economic and demographic performance of Virginia Beach · Total hotel supply and citywide occupancies for the City of Virginia Beach · Identification of the hotels that would compete directly with the subject hotel, the competitive supply · Descriptions of the hotels in the competitive supply · Summary of performance of the competitive supply · A description of the relative importance and characteristics of the pertinent market segments ~Peat Marwick I I I I ! ! 1 I I I I I I ! I I I I ! Recent economic performance of Virginia Beach indicates the area is in a period of conservative growth Based on information gathered on Virginia Beach's historical economic performance as well as Woods & Poole's projection of future performance, the following trends indicate consistent economic growth: From 1980 to present, Virginia Beach's population average annual growth rate consistently exceeded that of the Norfolk-Virginia Beach-Newport News Metropolitan Statistical Area (MSA) annual average rate of 1.7%, growing at a compounded average annual rate of 3.5%. Due to the slower growth rates experienced nationwide since 1990, the population growth rate of Virginia Beach averaged 1.0% annually from 1990 to 1993. Projected population growth through 2000 is estimated to further decrease to an annual average of 0.7% from 1993 to 2000. Virginia Beach's personal income per capita has grown from 1980 to 1993 at a slow rate of 0.1% compounded annually compared to the State of Virginia's rate of 1.6% and the nation's rate of 1.2%. Since 1990, Virginia Beach personal income per capita declined 1.2% compounded annually compared to the State's increase of 0.6% and the nation's increase of 0.5%. As a result, projected personal income per capita from 1993 to 2000 is estimated at an average annual compounded rate of 0.7% in Virginia Beach compared to the State's projected increase of 1.3% compounded annually. 9 ~Peat Marwick I I I ! ! I i t i 1 i I i I I I I I ! Virginia Beach's employment trends indicate moderate growth As presented in the following table, agricultural services, services, manufacturing, TCPU had strong annual average growth rates ranging from 5.8% to 6.5%. Industries such as trade, FIRE, construction, and mining had moderate growth ranging from 2.6% to 4.9% compounded annually from 1980 to 1993. Virginian Beach Wage and Salary Employment (in thousands) 1980 1990 1993 2000 Compound Annual Average Growth 1980-1993 1993-2000 Agricultural Services Services Manufacturing Transportation, Communications, Public Utilities (TCPU) 0.8 1.8 1.9 2.1 6.5% 1.7% 21.7 49.3 48.6 49.9 6.4% 0.4% 2.5 5 5.2 6 5.9% 2.1% 3.1 6.7 6.5 7 5.8% 1.2% ITrade 22.7 43.6 42.1 45.4 4.9% 1.1% Finance, Insurance, Real Estate (FIRE) 11.9 19.7 19.7 21.2 4.0% 1.0% Construction 7.9 12.5 11.8 12.6 3.1% 0.8% Mining 0.1 0.1 0.1 0.1 2.6% 0.0% Government 39.1 46.4 40.1 35.6 0.2% - 1.7% Farming 0.6 0.4 0.3 0.3 -4.1% -1.8% Total 110.4 185.5 176.3 180.2 3.7% 0.3% Source: Woods & Poole Economics, Inc. Going forward from 1993 to 2000, Woods & Poole projected limited growth for Virginia Beach. The anticipated growth in the trade and FIRE industries in particular are important to the area hotels since much of the commercial transient business is generated from these industries. The anticipated decline of the government sector, however, may lead to decreased government/military transient- and group-related occupied room nights in the future. 10 ~Peat Marwick The existing rooms supply consists of approximately 11,000 rooms As presented in the chart below, the supply of rooms in Virginia Beach totals almost 11,000 rooms, having grown approximately 56% from 1980 when the supply totaled approximately 7,000 rooms. Virginia Boach Hotol Room Supply 12,000 Number of Hotel Rooms 10,000 8,000 6,000 4,000 2,000 0 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 II II I Annual Average Annual Average Annual Average Growth Rate of 0,4% Growth Rate of 8,3% Growth Rate of 0.7% Source: Virginia Beach Convention and Visitors Bureau, The majority of this growth occurred from 1982 to 1987 when approximately 4,000 new rooms were added to the supply at an annual average compounded rate of 8.3%. In comparison, the periods from 1980 to 1982 and from 1987 to 1993 saw little growth, increasing at annual average rates of 0.4% and 0.7%, respectively. 11 ~Peat Marwick t I J J I J t I I J I I I J i I ! ! ! Citywide hotel occupancies in Virginia Beach average 61 percent despite seasonal peaks of 88 percent and lows of 36 percent Virginia Beach's most predominant market segment are the leisure visitors who travel to the area in the summer time to enjoy the 26-mile beach. The impact of this segment creates very seasonal occupancy rates in the market as illustrated in the chart below which summarizes 1993 citywide occupancies for Virginia Beach. Despite the market's seasonality, Virginia Beach's annual occupancy level has consistently been approximately 61% for the last several years. (This estimated occupancy figure does not count room supply that is closed during the off season.) 90% 80% 70% 60% City Wide 50% Occupancy 40% 30% 20% 10% 0% [] High Season (92 days) [3 Shoulder Season (122 days) · Low Season (151 days) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Source: virginia Beach Convention and Visitors Bureau. 12 J~]Peat Marwick I I i I I I ! I I I I I I i i I I I ! The competitive supply is made up of 6 hotels or 1,679 rooms While there are currently 11,000 hotel rooms in the Virginia Beach market, only a small portion of these rooms would be considered competitive to the proposed convention hotel. The properties selected to comprise the competitive supply were limited to those Virginia Beach hotels meeting the following criteria: · · · · · · Located within five to seven miles of the convention center Full service facilities including restaurants, pools, exercise room, room service, etc. Upscale facilities (on a relative basis) A critical mass of guest rooms, generally over 200 units Meeting space totaling over 5,000 square feet and a large meeting room of at least 3,000 square feet Currently markets to the group segment Utilizing these criteria, six hotels totaling 1,679 rooms were identified as competitive convention hotels. Based on our interviews, it is not anticipated that any other significant group-oriented hotels will be built in the near future. The meeting space and guest rooms are summarized below for each competitive hotel followed by brief descriptions of each property on the following pages. Number of Guest rooms Total Meetino_ Space Largest Meetin_o Space Cavalier Hotel Sheraton Inn Radisson at the Convention Center Ramada Oceanside Tower (at 57th Street) Virginia Beach Resort & Conference Center Holiday Inn on the Ocean (at 39th Street) 402 40 203 13 282 12 215 8 295 7 266 6 100 sq. ft. 16 200 sq. ft. 5 000 sq. ft. 5, 600 sq. ft. 4 900 sq. ft. 3 500 sq. ft. 4 300 sq. ft. 700 sq. ft. 000 sq. ft. 700 sq. ft. 300 sq. ft. 400 sq. ft. 13 ~Peat Marwick Description of competitive facilities Cavalier Hotel Built in 1927, this facility is the largest hotel in the area with 402 rooms split in two facilities, one on the ocean front that was added in 1973 and the original hotel located on a hilltop overlooking the ocean. The hotel's significant hotel meeting space totals 40,100 square feet and offers the area's largest meeting space, the Beach Club, with a total of 16,300 square feet. The facilities show signs of some deferred maintenance which should be addressed to some degree by the planned renovations. Sheraton Inn Located on 36th Street and Oceanfront, this 205-unit hotel offers rooms on the beach and benefits from its proximity to 21st Street, the main entryway to Virginia Beach. The hotel is currently undergoing a multi-million dollar renovation to its guest rooms as well as meeting rooms and public space. In addition to 13,200 square feet of meeting space, an in-house restaurant, lounge, and free parking are among the property's amenities. 14' i I ! I ! I ! ! ! ! I I I ! ! ! ! I I Description of competitive facilities (continued) Radisson Hotel The 296-room hotel is the only large facility located close to the Pavilion Convention Center and currently serves as one of the primary convention center user hotels despite its poor configuration and much-needed renovations. However, the hotel is quite a distance from the beach and achieves significantly lower occupancies and rates than beach front properties. The hotel has recently undergone some renovations. Hotel facilities include 12,000 square feet of meeting space, tennis, a restaurant and a lounge. Ramada Oceanside Tower Situated at the more prestigious "north end" of Virginia beach, this 215-room hotel benefits from its location. The hotel's amenities include ocean front rooms, 8,600 square feet of meeting rooms, and a restaurant. As with the other properties in the competitive supply, the hotel's large meeting spaces allow it to compete for in-house group business during the off-season. 15 ! i i ! ! I I I I ! I I I I I I I I I Description of competitive facilities (continued) Virginia Beach Resort Hotel & Conference Center Located several miles north of the boardwalk, this 295-unit all-suite product offers a secluded location from beach front traffic. The property has a private beach, roof-top restaurant, lounge, and 7,900 square feet of meeting space. Historically, this hotel has offered the highest quality facilities in the area; however, with the significant renovations underway at the Sheraton Inn and the Holiday Inn on the Ocean, this property could begin to directly compete with other hotels in terms of the quality of its facilities. Holiday Inn on the Ocean A 266-unit property, this ocean front hotel is currently undergoing a $6 million renovation to its public facilities and guest rooms that will be completed in 1995. The hotel's amenities include ocean front rooms, 6,500 square feet of meeting space including an amphitheater, a lounge, roof-top restaurant overlooking the ocean, and the largest swimming pool on the beach. 16 Performance of the competitive supply improved from 1991 to 1993 The following table provides an overview of the market performance of the competitive supply obtained from information gathered from competitive hotels and KPMG's estimates of competitive hotel performance and segmentation. The Cavalier Sheraton Inn Radisson Hotel Ramada Oceanside V. B. Res. & Conf. Ctr. Holiday Inn at 39th St. Estimated Market Performance Competitive Virginia Beach Convention Hotel Supply # of Mtg Sp. SF/ Occupancy Average Rate Segmentation RevPAR Rms (in sq. ft.) Rm 1991 1992 1993 1991 1992 1993 Trnst Group 1991 1992 1993 402 40,100 100 Note 1 Note 1 Note 1 Note 1 Note 1 Note I 25% 75% Note 1 Note 1 Note 1 203 13,200 65 Note 1 Note 1 Note 1 Note 1 Note 1 Note 1 65% 35% Note 1 Note 1 Note 1 298 12,000 40 Note 1 Note 1 Note 1 Note 1 Note 1 Note 1 25% 75% Note 1 Note 1 Note 1 215 8,600 40 Note 1 Note 1 Note 1 Note 1 Note 1 Note 1 65% 35% Note 1 Note 1 Note 1 295 7,900 27 Note 1 Note 1 Note 1 Note 1 Note 1 Note 1 35% 65% Note 1 Note 1 Note 1 266 6,500 24 Note 1 Note 1 Note 1 Note 1 Note 1 Note I 73% 27% Note 1 Note 1 Note 1 Totals/Averages 1,679 14,717 49 55% 56% 58% $66 $68 $70 45% 55% $13,600 $14,500 $15,300 Highest Performer 67% 67% 70% $74 $75 $76 35% 65% $18,100 $18,100 $19,400 Lowest Performer 50% 50% 57% $53 $54 $56 25% 75% $9,500 $9,700 $11,700 Note 1: Individual data was gathered; however, due to the confidentiality of this information it has not been divulged on a property-specific basis. 17 ~Peat Marwick I I ! I I I ! It ! t ~ ! I | ! ! I I I Performance of the competitive supply (continued) The following points summarize the preceding table: The hotels in the competitive supply range in size from 203 to 402 rooms and total 1,679 rooms altogether. Despite the area's strong seasonality, the competitive properties seek to equalize their occupancies by aggressively pursuing group business (55% group segmentation). As a result, these properties had a 1993 annual average occupancy of 58% and an average rate of $70. Based on the level of estimated group segmentation at the competitive properties, there exists a total of approximately 198,000 room nights of group-related business in the area's convention hotels. Overall performance for the competitive set has improved from 1991 to 1993 with room night demand growing at an annual average compounded rate of 2.9% in this period and average rate growing at an annual average compounded rate of 3.0%. In accordance with this growth, the properties' average revenue per available room grew from $13,600 in 1991 to $15,300 in 1993, an average growth rate of 6.2% compounded annually. 18 ~Peat Marwick Virginia Beach's visitation is generally tracked by the transient and the group segments The competitive hotels in Virginia Beach tend to track their business in two primary market segments, transient demand and group demand. Each of the market segments travels and makes use of lodging accommodations for different reasons and their needs vary accordingly. The primary market segments can be further defined into the following segments: Transient Demand: Leisure Business Commercial Business (individuals) Group Demand: Corporate/Government Groups Tour/Travel Groups Convention Center Groups The characteristics of each market segment are described below. 19 ~-~ Peat Marwick Characteristics of transient demand Transient demand in Virginia Beach is comprised of both leisure and commercial travelers. Currently, the transient segment comprises 45 percent of 1993 market demand at the competitive supply and is anticipated to remain a dominant segment of demand in the foreseeable future. Leisure Transient Business - The most predominant segment of transient demand is the destination summer tourist who has chosen to visit Virginia Beach. According to market research conducted by the Bureau of Research at Old Dominion University, these visitors have the following characteristics: · Visitors tend to originate primarily from states located north and east of Virginia with approximately 81% of visitors travel less than 600 miles to reach Virginia Beach · A large percentage of visitors choose Virginia Beach as their primary vacation destination although this percentage is decreasing slightly in recent years in favor of an increased percentage of visitors coming to the area for weekend trips. · A significant proportion of Virginia Beach leisure visitors are repeat visitors. · Only 40% of visitors considered other destinations before selecting Virginia Beach. Of the destinations considered, Myrtle Beach and Ocean City were the biggest competitors. · Approximately 81% of visitors stay in hotels or motels. Of those visitors staying in hotels, the average household income is $55,600, indicating a relatively price sensitive traveler. · Approximately 69% of hotel users are married and 53% bring children, yielding an average party size of 3.5. · The average length of stay is 4.0 nights for those visitors staying in hotels or motels. · On average, visitors to Virginia Beach spent an average of $74 per person per day including lodging. Commercial Transient Segment - Another segment of transient demand is comprised of the commercial traveler at all levels including management, sales representatives, officials, and recruits. This segment of demand tends to be price sensitive, especially those restricted by per diem rates. It is anticipated that the four military bases in the area, Oceana Naval Air Station UNA, Little Creek Amphibious Base USN, Fort Story USA, and an U.S. Army Amphibious Base, will continue to make up the majority of the commercial travel segment. In general, stays for these travelers range between one and four nights on Sundays through Thursdays, and multiple occupancy is fairly Iow. 2O ~Peat Marwick i I I ! I t I ! 1 t I t I I I ~ ! I Characteristics of group demand Group demand in at the competitive hotels is comprised of commercial groups at those hotels with meeting space as well as tour/travel groups. In addition, the hotels in the competitive supply host a number of convention center groups. In 1993, the group segment made up 55 percent of demand at the competitive supply, and it is anticipated to continue to make up a substantial podion of market demand in the future. Corporate/Government Groups - In order to alleviate the seasonality of the Virginia Beach demand, those facilities with significant meeting space aggressively market to corporate/government groups. In general, these groups have the following characteristics: Group size varies greatly, ranging from 15 to 700 persons Group room blocks are generated from small conventions and meetings, and educational, new product, and sales training seminars. In the summer, many of these meetings are a combination of work and leisure with many attendees accompanied by spouses. Consequently, double occupancy is typically higher in the summer. Price sensitivity generally tends to be dependent on the meeting participant's level in the organization, although attendees on per diem rates are more likely to be more price sensitive. Tour/Travel Groups - Due to the higher average rates achieved at the hotels in the competitive supply relative to the rest of the Virginia Beach market, this segment is estimated to only account for a total of 9,200 room nights or 3% of total occupied rooms at the competitive supply. For the market as a whole this segment is a fairly important segment to the citywide demand, supplying approximately 50,100 tour-related room nights in 1993. Tour operator and charter groups are comprised generally of more price-sensitive, middle-income travelers who often travel in groups ranging from 30 to 50 persons although recent trends indicate more groups at the lower end of the range than in the past. This package is usually inclusive of accommodations and ground transportation via motorcoach to Virginia Beach. The market currently consists of visitors from the Northeast United States and Canada, although more visitors from the Midwest and North Carolina are starting to show interest in the area. 21 ~Peat Marwick I ! 1, ! I I I I I i~ ! ! I I I ) I I I Characteristics of group demand (continued) Convention Center Groups - While the hotels in the competitive supply tend to attract the majority of total group room nights, according to the VBCVB, convention center users are a relatively small proportion of the competitive supply's overall group demand. The following characteristics of the center users are based on a Deloitte and Touche 1991 survey conducted of convention attendees at the Pavilion. On average, the Pavilion's conventions have 2,900 attendees who stay 3.7 days with national convention attendees staying longer than regional convention attendees. On average, attendees each spend $151 per day with an average daily lodging expenditure of $79. The balance of the expenditures was made up by $39 for restaurants, $16 on retail purchases, and $17 for groceries, rental car, area attractions, and gas/convenience stores. Exhibit hall users surveyed ranked the Pavilion support hotel facilities below that of other facilities on the basis of the number of convention quality hotel rooms and the proximity of the hotel rooms to the convention center. While the Pavilion's Lost Business Report overwhelmingly cites insufficient convention quality hotels near the Pavilion as a reason for the loss of bids, it should be noted that the necessity of an adjacent, attached hotel to support the center was not directly studied. Although it is recognized that an attached hotel is preferable for center users, the study does not show that adjacency is a requirement of the center's headquarters hotel. Based on interviews with the CVB the Virginia Beach hotels compete to some extent with the new Norfolk Waterside development which includes the existing Norfolk Omni Hotel and a new conference center built in conjunction with a Marriott Hotel franchise. 22 ~Peat Marwick I I I I I I i I I I I ! i ~ ! 1' I I i Convention Center Hotel Study 1 2 3 Report Letter Introduction Lodging Market Overview Site Analysis Estimated Performance of the Subject Hotel Public Investment Analysis 1 4 7 23 36 51 23 ~Peat Marwick I i I I t I I I I I I t I I ! t I I t The following site analysis evaluates the potential of three sites for a convention center hotel On the following pages, a site analysis based on a number of market and physical criteria is presented of three sites identified by the Virginia Beach Convention and Visitors Bureau (VBCVB). The three sites included: Rudee Inlet/Loop Site located on the southern end of Atlantic Avenue; 31st Street Site located on 31st Street and Ocean Drive; and Convention Center Site located east of the Pavilion. In order to evaluate the sites, the following issues were addressed: · Site requirements of the hotel rooms, meeting space and other amenities; · Development of site ranking criteria; · Assessment of the positives and negatives of each site; and · Numerical ranking of the sites. Each of these steps is presented in detail on the following pages. 24 ~Peat Marwick i t I i I I ! 1 I I I ! I I ! I I I I It was indicated a 400 room convention hotel would be needed to support the convention center, its expansion and other in-house groups Early discussions with the CVB indicated the hotel would need to offer approximately 400 rooms to help support the convention center, its expansion and other in-house groups. A 400 room convention hotel would be comprised of approximately 270,000 total square feet after accounting for guest moms, corridors, meeting space, prefunction areas and other support spaces. The following table summarizes the components of the proposed hotel. Number Sq. Ft. Total Space of Units per Unit Sq. Ft. Guest rooms Corridors, elevators, etc. Total Guest room area 400 Rooms 330 136,000 61,200 197,200 Lobby Food Beverage Meeting Facilities Total Public Space 300 Seats 18 200 Seats 18 4,000 6,120 4,320 24,000 38,440 Support Space Recreation Space 32,000 3,000 Total Square Footage 27O,64O Source: Williams, Tazewell and Associates. 25 .~Peat Marwick I I I I I i I i I I ! ! I I ! ! I ! I The proposed hotel would require a site size of approximately 5 acres In order to accommodate the facility previously outlined, other components, such as parking, service areas and landscaping must be considered. The following table summarizes the acreage requirements of the hypothetical hotel: Required Site Square Footage Convention Hotel Service Parking with Garage Outside Recreation Landscaping and Roads 45,000 3,000 110,000 45,000 25,000 Total Square Footage Required 228,000 5.2 Total Acreage Required Source: Williams, Tazewell and Associates. 26 .~-~Peat Marwick I I I I I I 1 I I I I t I ! ! I I I i This analysis assessed three sites Atlantic Ocean 27 ~Peat Marwick I I I I I I 1 I ! I ! I I ! I I ! ! I Each site was evaluated by market and physical criteria The following is a description of the criteria used to compare each site as the potential location for the convention center headquarters hotel. Site Marketability · Convenience for Convention Center Users · Ability to Attract In-House Groups · Ability to Attract Transient Business · Site Visibility · Proximity to Retail, Restaurants & Entertainment Is the site close to or within walking distance of the convention center? VVill convention center users need to be shuttled between the hotel and the Pavilion? Is the site located so that it maximizes the potential to attract in-house groups? Does its proximity to the beach, restaurants, entertainment, and retail enhance the market potential? Is the site located so that it maximizes the potential to attract transient business? Is it close to the beach, restaurants, entertainment, and retail? How easy will it be to locate and recognize the facility upon arrival to the area? Are there things to do in the immediate area? Is there shopping, restaurants, attractions, etc. nearby? Site Size · Ability to Accommodate Hotel · Ability to Accommodate Meeting Space · Ability to Accommodate Parking · Ability to Accommodate Future Expansion Does the site have adequate acreage and appropriate dimensions to comfortably handle the hotel program and provide area for pedestrian spaces, landscaping, and service? Does the site have adequate acreage and appropriate dimensions to accommodate the programmed amount of meeting space including a large meeting room free of columns? Can the site handle the necessary on grade and garaged parking spaces or is adjacent land required? Does the site size and configuration allow for future expansion of the facilities? Accessibility and Ingress/Egress Is it easy to get to the site? Is there heavy traffic in the surrounding area? Is there sufficient room on the site to provide easy access and egress for pedestrians, vehicular and service traffic? Site Development Costs · Ability to Utilize the Convention Center Meeting Space · Demolition Is the hotel situated close enough to the Pavilion to utilize some of the center's meeting space? How do costs compare to demolish any existing structures on the site? Site Availability How easy will it be to acquire the site? Is the site for sale? Will it require condemnation? Does the site have single or multiple ownership? 28 ~Peat Marwick I I ! I I I ! I i I I I I I I ! 1 i I Rudee Inlet/Loop Site positives and negatives This 9.6-acre site is located on a small beach front peninsula at the southern end of Atlantic Avenue. Its key positives and negatives include: Major Positives Major Negatives · · · · · Strong potential for in-house groups Strong potential for transient business Beach front location Proximity to the boardwalk Adequate acreage to accommodate the hotel, meeting space, and parking Picturesque water views in almost every direction Close to restaurants Site is approximately 1.2 miles from the Pavilion making it a consideration for convention center demand Pavilion users will need to be shuttled Poor visibility of the site when approaching ocean front area from main access road, Route 44 East Limited entertainment, and attractions in immediate area Minor Positives Minor Negatives Good potential for expansion due to size of the site Site could be designed to feel secluded from main beach traffic Adequate infrastructure and utilities in place Fits in well with City's three-node parking and trolley master plan Roads near sites will need to be reconflgured to avoid bottlenecks in accessing /leaving site Distance to Pavilion precludes utilizing Pavilion meeting space Cost of improvements to the road network and demolition Site will need to be assembled from several parcel owners 29 ~Peat Marwick 'sale!:)ossv pue Ila~az~l 'sme!ll!A~ :a3mos / \ / yt v w' \ \ \ ! t ! I i I I i I I I t I I I I I ' I ! i ! i i I I i i 1 i i I I I I I I 31st Street Site positives and negatives This 3.7-acre site is located at the intersection of 31st Street and Ocean Drive. Its key positives and negatives include: Major Positives Major Negatives · Good potential to attract in-house groups · · Strong potential for transient business · Beach front location · · Central location on the boardwalk, close to · restaurants, retail, and entertainment Site is 1.3 miles from the Pavilion limiting appeal to convention center users Pavilion users will need to be shuttled Poor visibility of the site when approaching ocean front area from main access road, Route 44 East Site is split by Atlantic Avenue Limited ability to accommodate hotel and meeting space on site Minor Positives Minor Negatives Site is already cleared on beach side Compatibility of adjacent land uses, including nearby restaurants although they tend to be more downscale Adequate infrastructure and utilities in place Site is already owned by a City authority Fits in well with City's three-node parking and trolley master plan Inability to accommodate adequate parking on site Unable to significantly expand facilities Poor accessibility due to heavy traffic congestion in the immediate area Need to demolish existing buildings on west side of Atlantic Avenue Cost of improving road network Additional land and demolition may be required to accommodate parking 31 J~-~Peat Marwick i I I I I I I I ! I I I I ! i I I I I 31 st Street site sketch Source: Williams, Tazewell and Associates. 32 ~-~Peat Marwick I i I ! I I I I I I I I i ] I J I I I Convention center site positives and negatives This 37.8-acre site is located between Route 44 East and 19th Street, just east of the Birdneck Road exit. Its key positives and negatives include: Major Positives Major Negatives Proximity to the Pavilion Excellent visibility from Route 44 Good accessibility via Route 44 Ample land to accommodate the hotel, meeting space, parking Ability to connect hotel to Pavilion Ability to utilize proposed Pavilion meeting space, decreasing need to build extensive hotel meeting space Convention demand may be limited since there are not other things to do nearby Limited potential to attract significant in- house group business Poor potential for transient market segments Will be reliant almost solely on convention center group business There are few restaurants or attractions in the immediate area Could be the greatest financial challenge to the City · · · · · Minor Positives Available land for future expansion Adequate infrastructure and utilities in place Demolition needs would be minimal City is currently acquiring land in the area Fits in well with City's three-node parking and trolley master plan Minor Negatives The beach is not within walking distance Site is close to a depressed residential area 33 ~Peat Marwick 1_ - I I I -urr),~o~ri ,' : · salepossv pue ila~azel 'suae!ll!M :a3Jno$ qolo3[s ol!s .~oluoo UO!lUOAUOD i I i I I I I i I I t I I I I I ! 1 I ) ) I ~ I I I J ! I I I t ! i I I 1 I The site matrix indicated the Rudee Inlet Site had the most potential The three sites were evaluated based on a number of criteria. The following table lists the most important criteria that were used in ranking the potential of these sites. As seen below, the criteria was weighted by the point values shown. Site Acreage Site Marketability Convenience for Convention Center Users Ability to Attract In-House Groups Ability to Attract Transient Business Visibility of Site Proximity to Retail, Restaurants & Entertainment Site Size Ability to Accommodate Hotel Ability to Accommodate Meeting Space Ability to Accommodate Parking Ability to Accommodate Future Expansion Site Accessibility and Ingress/Egress Site Development Costs Ability to Utilize Convention Center Meeting Space Demolition Site Availability Total iiiiiiiiiiiiii!iiiiiii!iiiii~ii!i!i!i!i!i!i!i!i!i!ili!il tn/et Street Center ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::: ::: ::: ::: ::::: ::::::::::::::::::::::::::::::::::::::::: ............................................................. 80 74 72 35 ~Peat Marwick ! i J ] i I I ! I I h ! I I J ~ ! ! I Convention Center Hotel Study 1 Report Letter 2 Introduction 4 3 4 6 Lodging Market Overview Site Analysis Estimated Performance of the Subject Hotel Public Investment Analysis 7 23 36 51 36 ~Peat Marwick I ! I I ! I i i ! I I I i I ! i I i i Calculation of future performance of the subject hotel is based on a penetration analysis by market segment This section presents estimates of the planned hotel's market orientation, future occupancy levels and average daily room rates for the Rudee Inlet and Convention Center sites. The steps followed in the analysis are summarized below and described in more detail on the following pages. Step Process Calculation of total demand in occupied room nights in the competitive supply Factors Considered Historical performance of the hotels in the competitive supply. Step 2 Determination of growth in the market supply and demand Analysis of economic trends in the market area, historical trends in performance of the competitive supply, potential future additions to supply, and demand generators. Step 3 Calculation of our hotel's fair share of the market demand occupied room nights The size of the proposed hotel in relation to the number of available rooms in the competitive supply. Step 4 Determination of the subject's penetration of each segment for each of the years in the first five years of operations The proposed hotel's facilities, location, chain- affiliation, and overall competitive position in the market place. Step 5 Calculation of occupancy and segmentation Multiplication of penetration rates by segment with the total market demand as determined in Step 2. 37 ~Peat Marwick I t I I ! ~ ! I I I i I I t ! I I ! I The competitive supply's lodging market demand base was comprised of 358,100 occupied room nights in 1993 In order to determine the future demand potential for the proposed hotel, the analysis began with the calculation of the 1993 estimated demand base for hotels included in the competitive supply as presented in the previous discussion on competitive supply performance. This demand base was estimated at approximately 358,100 occupied room nights in 1993 as follows: Virginia Beach Competitive Supply Estimated 1993 Demand Base and Market Mix Demand Segment Transient Group Total Estimated Occupancy Occupied Room Nights Market Mix 160,100 45% 198,000 55% 358,100 100% Source: Interviews with property managers. 58% 38 ~Peat Marwick I I I I I i I t I I i I ! I ! I I I I Future demand growth is estimated to be comprised of several components Total demand for the subject facility is expected to be derived from the demand and growth of demand that currently exists in Virginia Beach, the demand and growth created by the expansion of the Pavilion Convention Center and the demand created by the subject hotel itself. Natural Growth in Demand - Natural growth is growth experienced by a lodging base as a result of economic expansion in the market area. The economic factors which were considered when evaluating Virginia Beach's potential growth as a tourist destination include the following: · Historical growth in occupied room nights in the Virginia Beach competitive supply of 2 to 3 percent. · Expansion of the area economy based on economic and demographic trends for Virginia Beach Based on these factors, natural demand has been projected to grow at a rate of 2.25 percent range. Created Demand - Created demand is that demand which can be specifically attributed to the development of new properties or demand generators entering a marketplace. Based on our interviews in the subject area, it is assumed that the proposed subject hotel will be the only significant addition to the competitive supply. This demand is assumed to be created primarily by the estimated 1997 completion of a new 400-room convention center hotel and the estimated 1997 convention center expansion. According to Deloitte and Touche's convention center study, the convention center expansion is estimated to create demand for 139,400 new room nights market-wide by the third year, 1999. Our analysis indicates the competitive supply will be able to accommodate approximately 30-35% or 45,000 to 48,000 room nights of this demand. Because the level of demand created will differ for the Center site and the Pavilion site, two scenarios are discussed below. However, in both scenarios, our estimates assume that the hotel will have professional management; it will be affiliated with a well-known and established hotel chain with worldwide marketing channels and reservation systems; and that it will provide first-class quality of facilities and first-class services. 39 .~-~peat Marwick ~ I I I I ! I 1, I I ! ! I i ! I I ! I Demand growth in the Rudee Inlet scenario is estimated to average 3.9% compounded annually from 1993 to 2001 Market occupancy for the years 1994 through 2001 in the Rudee Inlet scenario is anticipated to reach 62.4%, an average annual increase of 3.9% from 1994 to 2001 as follows: Estimated Annual Growth Rates of Demand Base by Segment Virginia Beach Subject Market 1994 - 2001 Transient Group Total Market Growth ORN$ Growth ORNs Growth ORNs Occupancy Historical- Unaudited 1989 -- 1990 -4.3% 1991 1.9% 1992 2.8% 1993 3.0% Projected 1994 0.9% 1995 0.9% 1996 1.0% 1997 1.6% 1998 1.5% 1999 1.4% 2000 1.4% 2001 1.3% 155,1 O0 - 191,800 -- 346,900 56.6% 148,500 -4.2% 183,700 -4.2% 332,200 54.2% 151,300 1.9% 187,100 1.9% 338,400 55.2% 155,500 2.8% 192,400 2.8% 347,900 56.8% 160,1 O0 2.9% 198,000 2.9% 358,1 O0 58.4% 161 500 163 000 164 600 167 200 169 700 172 000 174 400 176 600 1.0% 200,000 0.9% 361,500 59.0% 1.0% 202,000 1.0% 365,000 59.6% 1.0% 204,000 1.0% 368,600 60.1% 13.0% 230,600 7.9% 397,800 52.4% 9.8% 253,300 6.3% 422,900 55.7% 7.9% 273,200 5.3% 445,200 58.7% 5.3% 287,800 3.8% 462,100 60.9% 3.2% 297,000 2.5% 473,600 62.4% Compounded Average Growth 1989-1993 0.8% 0.8% 0.8% 1994-2001 1.3% 5.8% 3.9% The most significant changes in demand are estimated to occur in 1997 when the proposed hotel and the expanded convention center are assumed to open, and group demand is anticipated to be positively affected. Due to the site's location on the beach, it should be able to attract significant transient demand and create new group demand. 40 ~Peat Marwick Demand Growth in the Center site scenario is estimated to average 3.7% compounded annually from 1993 to 2001 Market demand by segment and market occupancy for the years ~ ~4 throuflh 200~ at the center site is anticipated to reach stabilized occupancy of 61.4%, an average annual increase of 3.7% as follows: Estimated Annual Growth Rates of Demand Base by Segment Convention Center Scenario 1994 - 2001 Transient Group Total Growth ORNs Growth ORNs Growth ORN~ Historical- Unaudited 1989 -- 155,100 -- 1990 -4.3% 148,500 -4.2% 1991 1.9% 151,300 1.9% 1992 2.8% 155,500 2.8% 1993 3.0% 160,100 2.9% Projected 1994 0.9% 161,500 1.0% 1995 0.9% 163,000 1.0% 1996 1.0% 164,600 1.0% 1997 1.3% 166,800 12.5% 1998 1.3% 168,900 10.0% 1999 1.2% 171,000 7.2% 2000 1.2% 173,000 4.8% 2001 1.2% 175,000 2.8% Market Occu_~anc_v Compounded Average Growth 1989-1993 0.8% 0.8% 0.8% 1994-2001 1.2% 5.5% 3.7% 200 202 204 229 252 270 283 291 000 0.9% 361,500 59.0% 000 1.0% 365,000 59.6% 000 1.0% 368,600 60.1% 400 7.5% 396,200 52.2% 300 6.3% 421,300 55.5% 400 4.8% 441,400 58.2% 300 3.4% 456,400 60.1% 100 2.1% 466,000 61.4% The most significant changes in demand are estimated to occur during 1997 when the proposed hotel and the expanded convention center are assumed to open, and group demand is anticipated to be positively affected. Due to the site's location next to the convention center, it is estimated to rely heavily on the convention center for group demand, attracting relatively limited transient and in-house group demand. 41 ~Peat Marwick 191,800 -- 346,900 56.6% 183,700 -4.2% 332,200 54.2% 187,100 1.9% 338,400 55.2% 192,400 2.8% 347,900 56.8% 198,000 2.9% 358,100 58.4% I I I I I ! I ~ ! I ! ) I I I I ! t I The subject hotel's fair share of the competitive supply is 19.2% Our penetration analysis measures the proposed hotel's ability to capture future market area demand in relation to its "fair share" percentage of the primary competitive rooms supply. Fair share is determined based on the number of guest rooms planned for the proposed hotel relative to the number guest rooms in the market. The subject hotel's fair share of the market for each of the years during the projection period is estimated at 19.2% or 400 of the 2,079 total rooms in the competitive hotel supply as follows: Hotel Rooms Fair Share The Cavalier 402 19.3% Sheraton Inn Radisson Hotel Ramada Oceanside Virginia Beach Resort & Conf. Center Holiday Inn at 39th Street 203 9.8% 298 14.3% 215 10.3% 295 14.3% 266 12.8% Total 2,079 100.0% To determine a preliminary estimate of occupancy for the proposed hotel, the subject was compared to the competitive properties in terms of facilities, rates, location, and quality. In both scenarios, the proposed hotel will offer some of the finest combination of meeting facilities, amenities and services offered in Virginia Beach. Those properties with a competitive advantage in one or all of the area's market segments demonstrates a potential to achieve greater than 100 percent of its fair share. In contrast, those properties with a competitive disadvantage in one or all of the area's market segments, indicates below 100 percent of its fair share. To determine the proposed hotel's overall penetration of the existing market area, we estimated future penetration rates for each market segment by season for each year of operation under study. In addition, the number of market area room nights created by the proposed hotel was also measured. 42 ~r-~Peat Marwick I I i I I I ! ~, i t ! 1 ! t I I ! ) I At the Rudee Inlet site, the hotel could attract 114% of its fair share If the subject hotel were to be built at the Rudee Inlet site, it is estimated it would be able to penetrate the transient market at slightly less than fair share and strongly penetrate the group segments at above fair share. Altogether, the subject is anticipated to stabilize with a penetration rate above fair share. Proposed 400-Room Hotel at Rudee Inlet Preliminary Estimate of Fair Share Market Penetration Year Transient Group Total 1997 82% 105% 95% 1998 84% 115% 103% 1999 85% 122% 108% 2000 86% 127% 112% 2001 87% 130% 114% Note: Totals will not add or average. Transient Segment - This segment of demand currently comprises approximately 45 percent of total market demand. It is anticipated that this segment will experience some created growth as a result of the addition of the proposed hotel's location on the beach. However, despite the site's views, it is located slightly south of the boardwalk and several blocks south of the main traffic areas. In addition, the hotel's rates will be positioned to attract the less price-conscious leisure travelers. Accordingly, transient fair share market penetration is anticipated to be 82% in its first year of operations, stabilizing at approximately 87% of its fair share by 2001. Corporate/Government and Convention Group Segment - Historically, corporate/government and convention group demand has accounted for approximately 55 percent of the Virginia Beach competitive supply's demand. As a result of the proposed site's distance from the Pavilion Center, and the hotel's idyllic location on a beach front inlet, the planned hotel is expected to be oriented less toward convention center demand than the Center site and more toward in-house corporate meeting groups. Accordingly, the subject hotel could penetrate this segment at 105 percent of fair share in 1997 due in large part to superior facilities, stabilizing at 130 percent in 2001 and thereafter. 43 ~Peat Marwick I I ! i t t i ~ I i i ! I t I I I ~ I At the Center site, the subject could attract 102% of fair share of demand The subject hotel is estimated to attract somewhat less than its fair market share for transient demand at the Center site and over 100 percent in terms of group demand as summarized below: Proposed 400-Room Hotel at the Convention Center Preliminary Estimate of Fair Share Market Penetration Year Transient Group Total 1997 39% 114% 82% 1998 40% 125% 91% 1999 41% 132% 97% 2000 42% 137% 101% 2001 42% 138% 102% Note: Totals will not add or average. Transient Segment - This segment of demand currently comprises approximately 45 percent of total market demand, although a much lower percentage of transient demand is achieved at the nearby Radisson property. It is anticipated that this segment will experience relatively limited growth as a result of the addition of the proposed hotel due to the subject's location off the beach. However, a chain-affiliation with a strong flag should help to create some transient demand. The subject's fair sham market penetration is anticipated to be 39% in its first year of operations, increasing to approximately 42% of its fair share by 2001. This demand is expected to be mom price sensitive than that accommodated in the Rudee Inlet scenario. Corporate/Government and Convention Group Segment - Historically, corporate/government and convention group demand has accounted for approximately 55 percent of the Virginia Beach competitive supply's demand. As a result of the proposed hotel's location next to the Pavilion Center and the subject's planned level of facilities, it is estimated the subject hotel will penetrate this market segment at 114 percent of its fair share in 1997, its first year of operations, due in large part to created demand and increasing to 138 percent in 2000 and thereafter. 44 ,~-~Peat Marwick i I i I i ! I ~- i ! I ! Z ! I I Z ! The hotel's stabilized occupancy at Rudee Inlet is estimated at 71% Based upon market research and penetration analysis, market segmentation and occupancy levels by season for the first five years of operations, 1997 through 2001, have been estimated the for a convention hotel located at Rudee Inlet as shown in the following table. Proposed 400-Room Hotel at Rudee Inlet Preliminary Estimate of Market Segmentation and Occupancy 1997 1998 1999 2000 2001 ORNs Sprnntn Occ. ORNs S~_mntn Occ. ORNs So_mntn Occ. ORNs Spmntn Occ. ORNs Seqmtn Occ. Transient 26,300 36% 27,400 33% 28,200 31% 29,000 29% 29,600 28% Group 46,400 64% 56,100 67% 64,200 69% 70,300 71% 74,300 72% Total 72,800 100% 50% 83,500 100% 57% 92,500 100% 63% 99,300 100% 68% 103,900 100% 71% Notes: ORNs = Occupied Room Nights; Sgmntn = Segmentation of the Demand; Occ. = Occupancy As a result of the hotel's distance from the center and its ability to attract in-house groups and high-rated transient demand, the amount of convention center-related room nights is expected to be lower at Rudee Inlet than at the Center hotel site. It is estimated that approximately 19 occupancy points or 20,200 room nights would be utilized annually by convention center users. The remainder of the group business is anticipated to be made up of in-house corporate and government groups. 45 ~Peat Marwick I I i I ! t I t I i I t I i I t I t I The hotel's stabilized occupancy at the Center is estimated at 63% Based upon market research and analysis, market segmentation and occupancy levels by season for the first five years of operations, 1997 through 2001, have been estimated for a hotel at the convention center as shown in the following table. Proposed 400-Room Hotel at the Convention Center Preliminary Estimate of Market Segmentation and Occupancy 1997 1998 t999 2000 2001 ORNs Sgmntn Occ. ORNs Sgmntn Occ. ORNs Sgmntn Occ. ORNs Sgmntn Occ. ORNs Segmtn Occ. Transient 12,400 20% 13,000 18% 13,500 16% 13,900 16% 14,100 15% Group 50,200 80% 60,700 82% 68,900 84% 74,500 84% 77,500 85% Total 62,600 100% 43% 73,800 100% 51% 82,400 100% 56% 88,300 100% 60% 91,600 100% 63% Notes: Totals may not add due to rounding ORNs = Occupied Room Nights; Sgmntn = Segmentation of the Demand; Occ. = Occupancy Based on the size of the proposed facilities, the current level of convention user demand and the comparable property in-house group demand, it is estimated that the group segment will be comprised of approximately 27 occupancy points or 24,400 room nights annually from the convention center users. The remainder of the group business is anticipated to be made up of in-house corporate and government groups. 46 ~Peat Marwick I i I I I t I I I I I I I ! I I i } i High season published rates are estimated Inlet site and $90 for the Center site at $130 for the Rudee The estimated average daily room rates achieved for the subject hotel are based on several quantitative and qualitative factors and assumptions. Among these factors and assumptions are: · Estimated market segmentation, guest room selection and occupancy patterns · Discounting policies regarding published room rates and estimated market segmentation · Average daily room rates achieved at other competitive hotels and the estimate of the proposed hotel's position relative to these properties The projected published rate schedule for each of the two scenarios is based upon comparable properties and upon the scope and quality of facilities proposed. These rates are presented before any discounts are imputed, and were also used as a basis for the calculation of the projected future average daily room rates. Expressed in constant 1994 U.S. dollars, estimated published rates are as follows: Proposed 400-Room Hotel Preliminary Estimate of Published Room Rates in constant t994 U.S. dollars Rudee Inlet Convention Center Low Low Season Shoulder Season Season Shoulder Season Standard Rm. (; 130 (;85 (;95 (;90 (;75 (;85 Suite (; 160 (; 115 (; 125 (; 105 (;85 (;95 As seen in the above table, the Rudee Inlet site is anticipated to have much have higher rates than the Center site because of its location on the beach. This trend is seen currently in the lower average rate achieved at the Radisson compared to the other beach front hotels in the competitive supPly. 47 ~Peat Marwick I I J I ! I I I I I i I I I I I ! I At Rudee Inlet, stabilized average rate is estimated at $100 in 2001 Average rates are calculated after typical discounting is imputed and discount rates from published rates for each of the market segments in inflated dollars using a 1.5 percent inflation rate. Rate stabilization is anticipated thereafter. Based on the previously stated factors and assumptions, the average daily room rate for the proposed hotel in current U.S. dollars is projected to be $85 in 1997 increasing to $100 by 2001. The projected increase in average daily rate is a result of a decreasing percentage of heavily discounted demand as well as reduced discounts in future years as follows. 400-room Hotel at Rudee Inlet Preliminary Estimate of Average Daily Rate and Room Revenues in Current Dollars Room Year Season Off Season Shoulder Annual Revenues Room Rev per Available Room 1997 $115 $56 $75 $85 $6,155,400 $15,400 1998 $120 $64 $80 $90 $7,489,500 $18,700 1999 $126 $67 $84 $94 $8,695,300 $21,700 2000 $131 $70 $87 $97 $9,636,900 $24,100 2001 $135 $73 $89 $100 $10,378,100 $25,900 The average rate at the subject hotel on Rudee Inlet is anticipated to have a somewhat higher rate than projected to be achieved in the market by those hotels in the competitive supply located at the beach. This is a result of the site's aesthetic benefits, the subject's assumed quality of facilities and service, a strong chain-affiliation, and the advantage of being the newest large facility in Virginia Beach. 48 .~-~ Peat Marwick I ! I I ~ I I ~ I ! I ~ I I I I I I i For the Center site, stabilized average rate is anticipated to be $73 Average rates are calculated after typical discounting is imputed and discount rates from published rates for each of the market segments in inflated dollars using a 1.5 percent inflation rate. Rate stabilization is anticipated thereafter. Based on the previously stated factors and assumptions, the average daily room rate for the proposed hotel in current U.S. dollars is projected to be $62 in 1997 increasing to $73 by 2001. The projected increase in average daily rate is a result of a decreasing percentage of heavily discounted demand as well as reduced discounts in future years as follows. 400-room Hotel at the Convention Center Preliminary Estimate of Average Daily Rate and Room Revenues in Current Dollars Room Year Season Off Season Shoulder Annual Revenues Room Rev per Available Room 1997 $76 $46 $62 $62 $3,898,500 $9,700 1998 $79 $49 $65 $65 $4,828,100 $12,100 1999 $84 $51 $68 $68 $5,640,300 $14,100 2000 $86 $54 $71 $71 $6,242,900 $15,600 2001 $88 $54 $ 75 $73 $6,658,600 $16,600 As seen in the above table, projected average daily room rates for the subject hotel are significantly higher than those of the Radisson due to the proposed hotel°s higher product quality. However, due to the site's distance from the ocean, the rates are below the published rates of the ocean front properties. 49 ~Peat Marwick I I I i ) I I i I I ! I I I I I I I I Summary of market analysis The following table compares estimates of performance for the proposed hotel on the top two potential sites, Rudee Inlet and the site adjacent to the existing Pavilion Center. It is assumed the hotel and convention center expansion will open January 1, 1997. Preliminary Estimate Rudee Convention Inlet Center Average Annual Occupancy 1997 50% 43% 1998 57% 51% 1999 63% 56% 2000 68% 60% 2001 71% 63% 2001 Overall Market 62% 62% Average Annual Daily Rate (Current, Inflated Dollars) 1997 $85 $62 1998 $9O $65 1999 $94 $68 2OOO $97 $71 2001 $100 $73 2001 Overall Market $78 $78 Stabilized Segmentation Transient 28% 15% Group 72% 85% 100% 100% Room Revenue per Available Room $25,900 $16,600 5O ~-~Peat Marwick I i I I ! I I I I 1 ! I ~ ! I ! ! I I Convention Center Hotel Study 1 Report Letter 1 2 Introduction 4 3 4 5 Lodging Market Overview Site Analysis Estimated Performance of the Subject Hotel Public Investment Analysis 7 23 36 51 51 ~Peat Marwick I, I I I ! I I I I. I I i ~ I I I I I I Public Investment Alternatives This section presents four case studies comparing the different approaches that have been used by the Cities of Norfolk, Tampa, Houston, and Miami Beach to induce development of a convention center hotel. For each city, the following key issues are addressed Development Costs City Inducements Risk to the City Ownership Development Management The following pages outline these issues for each case study. 52 ~Peat Marwick i J I I ) J I I I i I I I ~ I I ! t ! Norfolk Marriott Hotel and Waterside Convention Center In the mid-1980's, the City of Norfolk conceived the idea of the Waterside Connection which was completed at the end of 1991. The Waterside Connection includes the existing 442-room Omni Norfolk and the new project which encompassed construction of over 1,500 parking spaces in two garages, a 405-room Marriott which opened at the end of 1992, and the 36,365 square foot Waterside Convention Center. Development Costs The developer funded the entire $38 million needed for the hotel via private placements. Total development cost for new construction was $61,000,000 with the City developing the convention center for $15 million and the parking garages for $8 million. Inducements The City offered several inducements limited to public uses including: Q 2 parking garages with over 1,300 spaces; the Marriott may rent 325 spaces ~ City wrote down the cost of the land and is leasing the land to the developer at a favorable rate a Non-replenishable $2 million operating reserve which was drawn in the first year. Q Reserve and delinquent land lease payments to be repaid at the hotel's sale or refinancing, subordinated to equity partners preferred returns. Risk to the City Development of the Marriott did not include financing by the City of Norfolk. However, the land lease is subordinated to the Developer's 8% preferred return on equity. City believes their exposure to delinquent lease payments will be resolved in due time, especially given the partial return to equity achieved this year. Ownership Project is owned by the developer, removing the City from the ownership role. Development Hotel was developed by a private developer with a 70 to 30 debt to equity ratio. Management The hotel is managed privately and flagged with a Marriott franchise. 53 ~Peat Marwick Tampa Convention Center Hotel In a effort to support the $150 million dollar Tampa Convention Center which opened in 1990, the City of Tampa is supporting the development of a new convention hotel adjacent to the Convention Center. The hotel is to offer 900 rooms, 25,000 square feet of exhibit space, 54,000 square feet of meeting space and a parking garage with 1,846 spaces. Development Costs $135,000,000 Inducements The City of Tampa is to provide land for the project which was recently appraised at $6.4 million although the landowners originally asked for over $12 million. In addition, the City will sponsor the $150 million dollar debt issuance. The City plans to issue a tax free municipal revenue bond that is planned to be supported by the operating revenues of the hotel. The City of Tampa recently obtained a tax-exempt status for the gross income of the corporation which would own the hotel. Therefore the hotel's gross income will be exempted from federal income taxes. The City is still in the process of gaining tax exempt status is it relates to sales, property, utility and other similar taxes. Risk to the City Should the operating revenues be unable to pay for debt service and reserve funds are depleted, they will have to pay the debt service out of general funds or default on the debt. Ownership A corporation created and owned by the City of Tampa would own the hotel. Development The hotel is to be developed by a private developer for a fee. The developer will guarantee a maximum development cost to the City. Management The hotel is to be managed by Buena Vista Hospitality Group Inc. and flagged as a Marriott franchise. 54 ~Peat Marwick 1 I ! i I I i I I I I I i I I I I I I Houston Convention Center Hotel In order to better support the City of Houston's 1.2 million square foot George R. Brown Convention Center in downtown Houston, the City has enacted a state-approved act offering tax incentives to convention center hotel developers. Three developers have submitted bids at this time which are currently being evaluated. In addition to the convention hotel, the City has been gradually acquiring land for the future expansion of the convention center which would add an additional 710,000 square feet of meeting space when complete. Development Costs Varies for each of the three proposals under consideration but ranges from $138 to $201 million. Inducements The City of Houston is utilizing Texas House Bill 2282 which allows municipalities to create a non- profit corporation for the purpose of developing a convention center headquarters hotel provided the hotel is located within 1,000 feet of the convention center complex. The corporation will be rebated state occupancy taxes, state sales taxes, food and beverage taxes, and property taxes collected at the convention center hotel for the first seven years. Risk to the City The three proposals involve varying levels of risk to the City: one proposal will require full tax rebates; another will not utilize HB 2282 but will need credits on occupancy and beverage taxes for 10 years which will be offset against lease payments to the City of Houston; the third proposal has requested the rebates be extended to 30 years and that the City contribute the land for which the City will be reimbursed 10% of the development's residual value. Ownership In order to be eligible under House Bill 2282, the new hotel must be owned by the municipality or a municipally sponsored, non-profit corporation. Of the three proposals, one does not utilize HB 2282. As a result, this proposal would entail ownership of the hotel by the developer, and the City would not incur the risks of hotel ownership. Development It is anticipated the hotel will be developed privately by one of the three developers that has submitted proposals to the City. Management All three proposals included both Hilton and Marriott as possible flags. 55 ~Peat Marwick I I I I t I t I I i I I I I I ! I I I Miami Beach Convention Center Hotel In order to complement its recently renovated and expanded convention center, the City of Miami Beach has issued an RFP for convention center hotels of 600 to 800 rooms. In response, the City has received six proposals which are currently under consideration. In addition, the City of Miami Beach has designated a special $10 million allocation for teams with a minimum of 51% African-American ownership for a hotel of 600 rooms or less. For this allocation, the City has received two proposals. Development Costs For each of the six proposals for the larger hotel under consideration, costs range from $117 to $135 million. Costs for the African-American allocation range from $36 to $45 million. Inducements The City of Miami Beach has indicated that it would be willing to provide the following: o Allow utilization of either of two City-controlled sites for the larger hotel o Assist in acquiring control of the site Q Invest in the new hotel although the specific amount, use, and timing would vary based on the proposars demonstrated need and the extent the investment meets the City's objectives Q Sources of funds considered for the investment include tax increment financing, a one cent resort tax increase, and resort taxes from new hotels totaling approximately $5 million annually Risk to the City Five of the six proposals for the large hotel include various levels of City investment ranging from $10 to $57.5 million. Additionally, some teams also proposed City participation via a land lease credit or parking. In one case, City investment is not proposed; instead $110 million of taxable debt financing would be required to complement the $6 million of equity. The African-American proposals included City assistance of $10 to $20 million. Ownership Ownership structure for the proposals was not available at the time of this report. Development It is anticipated the hotels will be developed privately by two of the eight developers that have submitted proposals to the City. Management The management affiliations proposed for the larger hotels include H.I. Development, Marriott, Hyatt, Peabody, and Loews. For the African-American allocation, the affiliations include Sheraton and Registry/Continental Companies. 56 ~Peat Marwick i ! I I I J I i I I I J I I I I I I I The case studies reveal Issues several options Options Development Costs City Inducements Risk To the City Ownership Development Management Total project size rages from $38 to $201 million. Cost per room ranges from $90 to $170 thousand. Develop parking garage. Develop meeting/public space. Donate land or provide favorable land lease. Provide operating shortfall guarantee. Issue tax-free debt / Tax Increment Financing. Rebate sales and hotel tax collected. Provide one-time cash investment. Could upset private hoteliers through city's support of a competitive hotel. Potential of delinquent land lease payments. Potential of reducing future city borrowing capability. Potential of needing to use general fund sources to fund project. If taxes are rebated, cannot be used for other city needs. City owned. Privately owned. Municipal corporation owned / Economic Development Authroity. Developed at a guaranteed maximum price by a developer. Developed by the City. Typically hotel management company. Flagged by Marriott, Hyatt, Hilton or other well know, quality franchise. 57 .J~J~ Peat Marwick ! ! ! I I ! I ! 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