HomeMy WebLinkAboutSEPTEMBER 6, 2005 AGENDA
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R JONES. Bayside - District 4
HARRY E. DIEZEL Kempsville - District 2
ROBERT M. DYER, Centerville - District I
REBA S. McCLANAN. Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W SCHMIDT. At-Large
RON A. VILLANUEVA. At-La,'ge
ROSEMARY WILSON. At-Large
JAMES L. WOOD. Lynnhaven -District 5
CITY COUNCIL
CITY HALL BUILDING
240I COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E- MAIL: Ctycncl@vbgov.com
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESliE L. liLLEY
CiTY CLERK - RUTH HODGES SMITH. MMC
CITY COUNCIL AGENDA
06 SEPTEMBER 2005
I.
CITY COUNCIL BRIEFING
- Conference Room -
3:30PM
A.
BASE REALIGNMENT and CLOSURE COMMISSION (BRAC) Update
Mayor Meyera E. Obemdorf and Vice Mayor Louis Jones
II.
COUNCIL LIAISON REPORTS
III.
CITY COUNCIL COMMENTS
IV.
REVIEW OF AGENDA ITEMS
V.
INFORMAL SESSION
- Conference Room -
4:30PM
A.
CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
ROLL CALL OF CITY COUNCIL
C.
RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber -
6:00PM
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Thomas Maddery
Pastor, Lynnhaven United Methodist Church
C.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D.
ELECTRONIC ROLL CALL OF CITY COUNCIL
E.
CERTIFICATION OF CLOSED SESSION
F.
MINUTES
1.
2.
SPECIAL SESSION
INFORMAL AND FORMAL SESSIONS
August 16, 2005
August 23,2005
G.
AGENDA FOR FORMAL SESSION
H.
CONSENT AGENDA
I.
ORDINAN CE/RESO L UTI ONS
1.
Ordinance to ACCEPT and APPROPRIATE $173,406 from a U.S. Department ofJustice
Edward Byrne Memorial Justice Assistance Grant re support of public safety and criminal
processing improvement.
2.
Resolution to REFER an Overlay Ordinance to the Planning Commission for their
recommendation re: the Air Installations Compatible Use Zones (AICUZ)
3.
Resolution to REAFFIRM SUPPORT for the Southeastern Parkway and Greenbelt
(SEPG) and REQUEST the Commonwealth Transportation Board to select a preferred
alternative and authorize final environmental studies.
4.
Resolution to APPROVE issuance of Series 2005 Residential Care Facility Mortgage
Refunding Revenue Bonds for Westminster-Canterbury of Hampton Roads, Inc.
J.
K.
L.
Agenda 9/6/05ST
www.vbe:ov.com
APPOINTMENTS
EASTERN VIRGINIA HEALTH SYSTEMS AGENCY
HEALTH SERVICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
PARKS and RECREATION COMMISSION
PERSONNEL BOARD (Alternates)
REVIEW AND ALLOCATION COMMITTEE (COG)
UNFINISHED BUSINESS
NEW BUSINESS
M.
ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
** * * * * * * * *
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)
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $173,406 from the U. S.
Department of Justice Edward Byrne Memorial Justice Assistance Grant to
Support Public Safety and Improve Criminal Processing.
MEETING DATE: September 6, 2005
.
Background:
The Edward Byrne Justice Assistance Grant ("Byrne JAG") is a grant from the
Department of Justice ("DOJ") to assist with law enforcement and criminal processing
programs. The Byrne JAG supports a broad range of activities to prevent and control
crime based on local needs and conditions. This grant replaces the Local Law
Enforcement Block Grant that the City received in the past.
The Criminal Justice Board, which is comprised of City representatives from Police,
Sheriff, Courts, and Community Corrections, met to determine the best use of funding
from the Byrne JAG. As a prerequisite for applying for the Byrne JAG, the
recommendation of the Criminal Justice Board was brought to the City Council in March
of 2005 and City Council conducted a public hearing regarding the Byrne JAG on April 5,
2005. DOJ recently awarded a Byrne JAG grant to the City.
.
Considerations:
The total award for this grant is $173,406. The Virginia Beach Criminal Justice Board
recommends that the funds be used as follows:
$80,268 to the Sheriffs Department for video conferencing for arraignment in the jail
and courtrooms.
$38,458 to the Police Department for Alzheimer bracelet locators (Project Lifesaver)
and flashlights.
$20,000 to the General District Court for contracted manpower to assist with
document imaging.
$1,866 to the Juvenile and Domestic Relations Court for telecommunications
maintenance.
$24,892 to Community Corrections for new printers and contracted manpower for
administrative support.
$7,922 to the Circuit Court for evidence display.
.
Public Information:
Public Information will be handled through the normal agenda process. A public hearing,
which was required by the grant, was held at the City Council's April 5, 2005, meeting.
.
Alternatives:
City Council can elect to use the funds for law enforcement or criminal processing
means (within the grant guidelines) other than those being recommended, or can decide
not to accept the grant.
.
Recommendations:
Staff recommends that the grant be accepted and appropriated as suggested by the
Criminal Justice Board.
.
Attachments:
Award Letter from DOJ
Letter from James K. Spore to City Council - March 22, 2005
Ordinance
Recommended Action: Approval
Submitting Department/Agency:
City Manager.~ t , Öf31J{1"z.
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AN ORDINANCE TO ACCEPT AND APPROPRIATE
$173,406 FROM THE U.S. DEPARTMENT OF
JUSTICE EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT TO SUPPORT PUBLIC
SAFETY AND IMPROVE CRIMINAL PROCESSING
6
WHEREAS, the U.S. Department of Justice has awarded a 2005
7
Edward Byrne Memorial Justice Assistance Grant in the amount of
8
$173,406 to the City of Virginia Beach to support public safety
9
and improve criminal processing.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
11
OF VIRGINIA BEACH, VIRGINIA:
12
1.
That
$173,406
is
hereby
accepted
from
the
U. S.
13
Department of Justice and appropriated to the following agencies
14
and departments in the amounts and for the purposes set forth
15
below:
16
$80,268
to the Sheriff's
Department
for a video
a.
17
conferencing system within the Courts to assist with
18
arraignment.
19
b.
$38,458
the
Police
Department
for
Project
to
20
Lifesaver and flashlights.
21
$20,000
the
General
District
Court
for
c.
to
22
contracted manpower to assist with document imaging.
23
d. $1,866 to the Juvenile and Domestic Relations Court
24
for telecommunications maintenance.
25
e.
$24,892 to the Community Corrections program for
26
contracted manpower clerical support and new printers.
27
f.
$7,922 to the Circuit Court for evidence display
28
technology.
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2.
That estimated revenue from the Federal Government in
30
the 2005-06 Operating Budget is hereby increased by $173,406.
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Adopted by
the
Council
of
the
City
of
Virginia
Beach,
32
Virginia on the
day of
, 2005.
Approved as to Content
Approved as to Legal
Sufficiency ~
_W /k4 ft/ ((J ,
City Attorney's Offlce
CA9742
H:\PA\GG\OrdRes\Byrne JAG Ord
R-2
August 25, 2005
City of "V"irgir:l.ia I3eaçh
OFFICE OF THE CITY MANAGER
(757) 427-4242
FAX (757) 427-5626
TOO (757) 42H305
MUNICIPAl CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VA 23456-9001
March 18,2005
The Honorable Meyera E. Oberndorf, Mayor
Members of City. Council
Subject: Byrne Memorial Justice Assistance Grant
Dear Council Members:
In the past, the City has received the Local Law Enforcement Block Grant (LLEBG) from
the Department of Justice (DOJ) which is used to assist with law enforcement and
criminal processing programs. Recently, the Justice Department has combined the
LLEBG with several other grants to create the Byrne Memorial Justice Assistance Grant
(JAG). The Byrne JAG also supports a broad range of activities to prevent and control
crime based on local needs and conditions. Unlike the LLEBG, this grant does not
require a City match with the grant. I am pleased to announce '~hat Virginia Beach has
been selected to receive $173,406 through the Byrne JAG program, $100,000 more
than we received last year from the LLEBG.
As part of the requirements of accepting this grant, the City Council must be notified of
the projects that this grant is funding~ A public hearing will be scheduled for comments
on April 5th as well. The Criminal Justice Board which has representatives from the
departments of Police, Sheriff, Courts, Community Corrections, Magistrates, Non-
profits, Juvenile Probation, & Public Defender met on March 10111 to recommend the
following projects and funding amounts for this grant:
. Vi.deo__Co.nter.en.cing..:- $8.0,2.68
This proposal is for equipment needed to enable one General District Courtroom, one
Circuit Courtroom, and one Juveni1e & Domestic Relations Courtroom for video
arraignment and bond hearings. The equipment will save the sheriff time and
manpower in transporting prisoners as well as the Courts time in having to wait for
deputies to transport prisoners.
Alzheimer Locator Bracelets - $12,000
Project Lifesaver places state of the art personalized radio transmitters on identified
individuals who are at-risk of wandering away from home and becoming lost. The
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
Byrne Memorial JAG Program
March 18,2005
Page 2
funding in this project will support radio tran smitters that work in conjunction with
transmitter bracelets. This project is particularly useful in locating patients with
Alzheimer's who have wandered off. This project was administered by the Sheriff is
now being administered by the Police Departme nt.
Flashlights - $26,458
The shooting review board and police fireanns ra nge staff have recommended issuing
the surefire flashlight to sworn officers and animal control officers to assist them in
situations where they may need to draw and point their firearm. These flashlights are
small and are more compatible for use with a firearm than the current flashlights
although they can be used for general duty purposes as well. These flashlights will go
to the Police Department and for this funding the Department should receive
approximately 395 flashlights. .
Contracted Manpower - $20,000 (General District Court)
This position will assist the General District Cou rt with imaging their Court records. This
Court looks to begin imaging their paper cases this summer. This position will assist
with the scanning of records allowing records to be located faster and assisting in a
variety of criminal justice processing factors.
Telecommunications Maintenance - $1,866
The Juvenile Domestic Relations Court has acquired video conferencing which will
assist the Court with daily video arraignments which will reduce the Sheriffs costs and
transport times and ensure that deputies never have to leave a Courtroom. This
funding will cover the maintenance contract for this particular video conferencing
equipment. This equipment will connect the juvenile detention center with the Juvenile
& Domestic Relations Court which is separate from the video conferencing system
proposed by the Sheriffs Department.
Printers - $1,992
... - .. .....-- ,,-,.,,--_0-:,.----"""'----.-"---""---.---'----"--""'--"-----..-.--..-.--..--.-.....-..-'.".'
The Community Corrections program has received level funding from the State
Department of Criminal Justice Services. The office relies on eight total printers not
only tor day-to-day staff work but the printing of reports, and information for offenders
referred to the program. Several of these printers have broken down in the past making
repair at this point an unfeasible suggestion. This funding will replace four of the eight
printers.
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Byrne Memorial JAG Program
March 18. 2005
Page 3
Contracted Manpower.. $22,900 (Community Corrections)
The Community Corrections program currently utilizes a contracted person to assist
with general clerical duties as well as data entry. This person handles a tremendous
load of filing and checks in offenders who report to the program.
Evidence Display - $7,922
This proposal will provide technology to the Circuit Court for evidence presentation.
The use of this technology would allow display of evidence on a plasma monitor.
Witnesses and attorneys could then manipulate the on screen image including the
ability to rotate, flip, invert, mark specific areas, etc. The Office of the Commonwealth
Attorney would benefit from this request as well as the Sheriffs Department and Police
Department in preparation of evidence. Most of all, jurors would receive a better
evidence presentation. The current amount of money is not sufficient to purchase the
entire system (estimated $40,174) but since this grant can be used over a four year
period, the hope is that other grants or funding sources can be combined with this first
installment. If no other funding source can be found, this funding can be used for other
purposes instead of being returned.
TOTAL GRANT FUNDING AMOUNT: $173,406
Please know that one of the grant requirements is written notification of the grant to the
governing body before March 31st, and this letter serves that purpose. The next step is
a public .hearing scheduled on this grant for the April 5th Council Meeting. At this point,
no formal action is necessary from Council. Once the City has satisfied the
requirements from DOJ, we anticipate an official award sometime in June or July. At
that point we will ask Council to appropriate the funding from this grant.
If you have questions or comments regarding this grant please contact either myself or
Catheryn Whitesell.
Sincerely,
- .. - ---______n---"---"".'------.----."-"" - -...- _n_'-- .-.... --.--.-.--.---.----.- --- ---.....--...-.-....- ..-- - ..--.. .. .
.)
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b~;Qger
JKS/mb
cc:
Bob Matthias, Assistant to the City Manager
Catheryn Whitesell, Director, Management Services
Department of Jusüce
Office of Justice Programs
Bureau of Justice Assistance
Office of Justice Programs
Washington. D.C. 20531
August 10, 2005
Mr. James Spore
City of Virginia Beach
2501 James Madison Blvd.
Virginia Beach, VA 23456
Dear Mr. Spore:
On behalf of Attorney General Alberto Gonzales, it is my pleasure to inform you that the Office of Justice Programs has
approved your application for funding under the FY 2005 Edward Byrne Memorial Justice Assistance Grant Program in the
amount of $173,406 for City of Virginia Beach.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
fmancial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim
audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award, please contact:
- Program Questions, Tahitia M. Barringer, Program Manager at (202) 616-3294; and
- Fmancial Questions, the Office of the Comptroller, Customer Service Center (CSC) at
(800) 458-0786, or you may contact the CSC at ask.oc@usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
tD.li-u
Domingo S. Herraiz
Director, Bureau of Justice Assistance
Enclosures
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Resolution Referring to the Planning Commission the Air
Installations Compatible Use Zones (AICUZ) Overlay Ordinance
MEETING DATE: September 6, 2005
. Background: One of the most important recommendations of the recent Joint
Land Use Study (JLUS), as well as a subject of the recent decision by the Base
Realignment and Closure (BRAC) Commission), was that the City adopt an ordinance
limiting discretionary development approvals (those requiring City Council approval) on
the basis of their compatibility with flight operations out of NAS Oceana, as determined
by the Navy's most recent OPNA V instruction. The ordinance, entitled the "Air
Installations Compatible Use Zones (AICUZ) Overlay Ordinance," has been drafted and
must be considered by the Planning Commission before it may be acted upon by the
City Council.
. Considerations: The Resolution refers to the Planning Commission, for action
at its October meeting, the Air Installations Compatible Use Zones (AICUZ) Overlay
Ordinance. The proposed ordinance:
(1) repeals existing City Zoning Ordinance Section 221.1, which requires sound
attenuation in certain structures allowed as conditional uses and notes whether a
certain use is compatible or incompatible in certain Noise Zones;
(2) sets forth a City Council policy of approving discretionary development
applications for property in Noise Zones 70-75 dB DNL and> 75 dB DNL or Accident
Potential Zones (APZs) only for uses that are designated as compatible under the
Navy's recent OPNAV Instruction, unless there is no other reasonable use of the
subject property (certain narrow exceptions to the policy are also set forth);
(3) requires sound attenuation in all buildings and structures classified in the
International Building Code as Assembly, Business, Educational, Institutional, and
Mercantile in Noise Zones 65-70,70-75 and >75 dB DNL; and
(4) limits the maximum allowed residential density in the portion of the Princess
AnnefTransition Area within the Interfacility Traffic Area (the flight path between NAS
Oceana and NALF Fentress) to one dwelling unit per five acres of developable land in
Noise Zone 70-75 dB DNL and 1 dwelling unit per fifteen acres in Noise Zone> 75 dB
DNL. The ordinance also sets forth a policy that Agricultural zoning is to be preserved
in this area.
. Public Information: No special form of advertisement or public notice is
necessary for this resolution. The accompanying ordinance, however, must be the
subject of advertised public hearings before both the Planning Commission and the City
Council. In addition, the City Council was briefed on the ordinance at a public formal
session on April 5, 2005.
. Alternatives: The City Council may, if it desires, not adopt this resolution. While
the Planning Commission may consider the ordinance even without a resolution, the
resolution requires the Commission to hear the matter at its October meeting and to
make its recommendation on the ordinance at that time.
.
Recommendations: Adoption of resolution
.
Attachments: Resolution, proposed Ordinance
Recommended Action: Adoption of ordinance
Submitting Department/Agency:
City Manager: O~ (:.1 ~4
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A RESOLUTION REFERRING TO THE PLANNING
COMMISSION AN ORDINANCE TO AMEND AND
REORDAIN THE CITY ZONING ORDINANCE (APPENDIX
A) BY REPEALING SECTION 221.1, PERTAINING TO
SPECIFIC STANDARDS FOR CONDITIONAL USES
WITHIN CERTAIN AIR INSTALLATIONS COMPATIBLE
USE ZONES (AICUZ) AND BY ADDING A NEW
ARTICLE 18 THERETO, CONSISTING OF SECTIONS
1800 THROUGH 1806, ESTABLISHING THE POLICY
OF, THE CITY COUNCIL PERTAINING TO
DISCRETIONARY DEVELOPMENT APPLICATIONS AND
SOUND ATTENUATION REQUIREMENTS IN BUILDINGS
AND STRUCTURES IN CERTAIN AIR INSTALLATIONS
COMPATIBLE USE ZONES (AICUZ)
WHEREAS,
the
public
necessity,
convenience,
general
16
welfare and good zoning practice so require;
17
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
18
CITY OF VIRGINIA BEACH, VIRGINIA:
19
That the above-entitled ordinance, a copy of which is
20
hereto attached,
is hereby referred to the Planning Commission
21
for
its
consideration
and
recommendation.
The
Planning
22
Commission is directed to consider, and make its recommendation
23
such ordinance at its October 12, 2005 public hearing and
on,
24
forthwith to transmit to the City Council its recommendation
25
thereon.
26
Adopted by the Council of the City of Virginia Beach,
27
Virginia, on the
day of
, 2005.
CA-9735
OID\ordres\referAICUZordin.res
R-2
August 31, 2005
APPROVED AS TO LEGAL
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AN ORDINANCE TO AMEND AND REORDAIN THE CITY
ZONING ORDINANCE (APPENDIX A) BY REPEALING
SECTION 221.1, PERTAINING TO SPECIFIC
STANDARDS FOR CONDITIONAL USES WITHIN
CERTAIN AIR INSTALLATIONS COMPATIBLE USE
ZONES (AICUZ) AND BY ADDING A NEW ARTICLE 18
THERETO, CONSISTING OF SECTIONS 1800 THROUGH
1806, ESTABLISHING THE POLICY OF THE CITY
COUNCIL PERTAINING TO DISCRETIONARY
DEVELOPMENT APPLICATIONS AND SOUND
ATTENUATION REQUIREMENTS IN BUILDINGS AND
STRUCTURES IN CERTAIN AIR INSTALLATIONS
COMPATIBLE USE ZONES (AICUZ)
City
Zoning
Ordinance
Section
§221.1
Repealed:
Sections Added: Ci ty Zoning Ordinance §§
1800, 1801, 1802, 1803, 1804, 1805 and 1806
Whereas, the public necessity, convenience, general welfare
24
and good zoning practice so require;
25
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
26
BEACH, VIRGINIA:
27
That
the
City
Ordinance
amended
is
hereby
Zoning
28
reordained
Section
pertaining
the
of
221.1,
repeal
by
29
specific
conditional
within
certain
standards
for
uses
and
to
Air
30
Installations Compatible Use Zones
(AICUZ) and by the addition
31
Article
pertaining
to
regulations
18
thereto,
of
a
new
32
applicable to property in certain Air Installations Compatible
33
Use Zones (AICUZ) , which shall read as follows:
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ARTICLE 2.
GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE
TO ALL DISTRICTS
. . . .
C.
CONDITIONAL USES AND STRUCTURES.
. . . .
Sec.
221.1.
Specific ata:aåards for certain condi tiaRal uaca
located within airport noiae and aircraft
accident potential zoncs. [Repealed].
(a.)
LcgiQl~tivc intent. The intent of city council a.nd thc
50
purpooc of thio oection a.re to protect the public hea.lth, oa.fety
51
a.nd '.:elfa.re from the a.d..7eroe impa.cto a.ooocia.ted ',:i th eJrceooi ve
52
noioe from flight opera.tiono a.t nea.rby a.irporto a.nd milita.ry a.ir
53
fa.cilitieo a.nd potentia.l a.ircra.ft a.ccidento by limiting certa.in
54
conditiona.l uoeo '.¡hich a.re incoFRpa.tible due to their loca.tion
55
,:ithin a.irport noioe a.nd a.ircra.ft a.ccident potentia.l zanca.
56
(b)
St~nd~rdQ. In a.ddi tieD to the procedura.l requiremento
57
ota.nda.rdo
forth
in
221
hereina.bove,
the
oection
a.nd
oct
58
follm:ing
ota.nda.rdo
oha.ll
the
follm:ing
conditiona.l
a.pply to
59
uoeo in a.irport noioe zanca grea.ter tha.n 75 dB Ldn, 70 75 dB Ldn
60
a.nd 65 70 dB Ldn, a.o ohm:n on the Hla.p enti tlod l\.ICUZ prepa.red by
61
the City of Virginia. Bea.ch. Conditiona.l uoeo loca.ted in a.irport
62
noioe
zone leoo tha.n 65 dB Ldn oha.ll not be oubj cot to the
63
provioiono of thio oection.
64
Tl\.BLE INSET:
65
2
65
of St;:lnd;:lrdo
'otic
Ch;:lr;:lcterl
th;:ln
Zone
l\.rz 1
l\.rz II
l/gre;:lter
75
If
75 dB
zone
If
75 dB
tibility
Comp;:l
¥
¥-ta+
¥-fÐt
¥+€+
~otenti;:ll
;:lccident t"
zoneD
3
I~~~ ~~ ~l~ ~re~o of Virgini~ Be~ch lie in ~n ~ircr~ft ~ccident I
poL.entl~l zone. .
66
67
68
Tl'.BLE INSET:
~ G ~ I/70 75 II/>75 nno ~ -+G-+§. -6-§.-+G.
dB Ldn dB Ldn dB Ldn ~ ۮ dE Ldn dB Ldn
dl3 Ldn f,€ffi
1\uditoriuH\o, N N N N N N ¥-fbt ¥-ta+
aoGembly, union, So
bingo hallo
Child care centerG N N N N N N ¥-fbt ¥-ta+
ChurcheG .:md N N N N N N ¥-fbt ¥-ta+
cha¡3elo
ClubG, pri ì."ate or N N N N N ¥-f€-ì- ¥-fbt ¥-ta+
o.thletic
Collegoo and N N N N N N ¥-fbt ¥-ta+
uBi "..erGi tieD
Conì.-aleGcent homeo N N N N N N ¥-fbt ¥-ta+
Commoreial mar in;:w N ¥ ¥ ¥ ¥ ¥ ¥ ¥
Dormitorieo N N N N N N ¥-fbt ¥-ta+
Eating/drinking N N N N N ¥-f€-ì- ¥-fbt ¥-ta+
eotabliGhmento
E1rplooi 7eo N N N N N ¥ ¥ ¥
m:mufaeturing,
otorage and
diGtribution
Family care homeo N N N N N N ¥-fbt ¥-ta+
Fraternity and N N N N N N ¥-fbt ¥-ta+
oorority houoeo
Croup homeD N N N N N N ¥-fbt ¥-ta+
IlomeG for aged, N N N N N N ¥-fbt ¥-ta+
dioablcd or
handicapped
IloGpitalo &. N N N N N N ¥-fbt ¥-ta+
o;:¡nitariumo
Hotelo So motelo N N N N N ¥-f€-ì- ¥-fbt ¥-ta+
Indoor N N N ¥-fbt ¥ ¥-fbt ¥ ¥
reoreation;:¡l
facilitieo
Fratern;:¡l lodgeD N N N N N ¥-f€-ì- ¥-fbt ¥-ta+
Haternity Romeo N N N N N N ¥-fbt ¥-ta+
HobileG home parko N N N N N N ¥-fbt ¥-ta+
HUOCUHìG ancl art N N N N N N ~ ¥-ta+
gallerieD
HonaGterieo ;:¡nd N N N N N N ¥-fbt ¥-ta+
coR7ento
Hultiple family N N N N N N ¥-fbt ¥-ta+
d,:cllingo
Nuroeo' homeD &. N N N N N N ¥-fbt ¥-ta+
oimilar houoing
Outdoor
recreational
4
faoilitieo
a1fl.f)hitheatero N N N N N N N ¥
oampgroundo N N N ¥ ¥ ¥ ¥ ¥
oporto arenao N N N N N N ¥ ¥
1fI.uoio oRella N N N N N N N ¥
;:lUotion N N N N N N N ¥
fo.oilitieo
po.ooenEJer N ¥ ¥ ¥ ¥ ¥ ¥ ¥
termino.lo
Petroleum N N N N N ¥ ¥ ¥
proccooing
Pri"Jatc lodEJcO N N N N N ¥+e+ ¥-fßt ¥+a+
Pri "¡ate ooRoelo N N N N N N ¥-fßt ¥+a+
Satellite '.:agcring N N N N N ¥+e+ ¥-fßt ¥+a+
facility
Shelter for farm N N N N N N ¥-fßt ¥+a+
cmployeeo
l\.tto.cRed d..lCllingo N N N N N N ¥-fßt ¥+a+
(tOilRflouoeo)
Social cantero N N N N N N ¥-fßt ¥+a+
Theatero fer li7e N N N N N N ¥-fßt ¥+a+
production
69
70
( c)
Parmi ttcd u::;c::; .J.nd vc::;tcd right::;.
The pro7ioiono
71
of
thio
oection
0 hell 1
not
:lffect
:lny
uoe::;
72
permitted
:lny
peroon
by
right
or
:lny
ì,.eoted
73
righto of :lny peroon under exioting l:l~.
Nothing
74
in thio oection oh:lll be conotrued to :lffect the
75
pro7ioiono of :lny recorded e:looment entered into
76
bet.,leen the United St:lteo
of l'Æfleric:l,
:lcting by
77
:lnd through the Dep:lrtment of the N:l7Y,
:lnd :lny
78
o.,.-nor
or occup:lnt
of property loc:lted ',Ii thin :In
79
aircr:lft
:lccident
potenti:ll
zone
or
:In
:lirport
80
noioe zone.
81
82
5
83
84
85
86
87
88
89
90
91
92
93
94
100
101
102
103
104
105
106
107
108
109
COMMENT
The provisions of this Section are superseded by those contained in new Article 18
which, among other things, establishes restrictions on conditional uses in Accident
Potential Zones (APZs) and Noise Zones 70-75 dB DNL and >75 dB DNL.
. . . .
ARTICLE 18.
Special Regulations in Air
Compatible Use Zones (AICUZ)
Installations
Sec. 1800.
Title.
95
This
Article
shall
known
the
Air
Installations
be
as
96
Compatible Use Zones
(AICUZ)
Overlay Ordinance of the City of
97
Virginia Beach.
98
99
Sec. 1801.
Purpose and intent.
The purpose of this Article is to regulate,
in a manner
consistent with the rights of individual property owners and the
requirements of military operations at Naval Air Station
(NAS)
Oceana, development of uses and structures that are incompatible
with military operations; to sustain the economic health of the
City
Roads
and
the
Region;
protect
and
to
Hampton
preserve
public
safety
welfare
from
the
adverse
impacts
health,
and
associated with excessive noise from flight operations at NAS
Oceana and the potential for aircraft accidents associated with
proximi ty to airport
operations;
and to maintain the overall
6
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
quality of life of those who live, work and recreate in the City
of Virginia Beach.
COMMENT
The section sets forth the purpose and intent of the AICUZ Overlay Ordinance.
Sec. 1802.
Findings.
The City Council hereby finds that:
..@l
Naval Air Station
( NAS )
Oceana was first established
as an auxiliary airfield in 1943 and was designated as a major
Navy jet air base in the 1950s.
It is now one of the largest
Navy air bases in the country and is the Master Jet Base for the
Navy's Atlantic Fleet.
NAS Oceana is a vital component in the
architecture of the Defense Department's joint service method of
operational
planning
and execution
and
in
the
newly-emerging
inter-agency approach to meeting homeland defense requirements;
ill
NAS Oceana is the single largest employer in the City
of Virginia Beach.
In 2003,
it had a gross annual payroll of
over $750 million and spent another $400 million for goods and
services.
that
12,000
personnel,
comprised
of
In
year,
over
nearly 9,800 military and over 2,500 civilian employees,
were
employed there.
community, infusing
primarily through
of
those
employees
live
within
the
Most
additional benefits into the local economy,
spending
and
spousal
employment
salaries.
7
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
When
considering
personal
impact
of
the military
in
the
community, the economic benefit exceeds $1 billion annually;
l£L
There
than
30,000
of
land
in
are more
acres
within
70-75
dB
>75
dB
Noise
DNL
DNL
the
or
Approximately
4,200
of
this
land
is
encumbered
acres
easements or restrictive covenants that limit the uses of the
land to those that are not incompatible with flight operations
arising out of NAS Oceana;
the
areas
Zones.
by
~
Encroachment
by
incompatible
land uses
has
occurred
since
installation's
inception,
and includes
the
type
the
high-density,
residential
and commercial
development
that
threatens the viability of the station's mission;
of
now
M
2005,
the
Realignment
and
Closure
Base
In
August
(BRAC)
Commission
added
the
list
of
installations
to
closed
realigned
the
recommendation
to
to
be
realign
or
NAS Oceana by relocating the Atlantic Fleet's East Coast Master
Jet Base to Cecil Field in Jacksonville, Florida if, among other
things,
the
cities
of Virginia
Beach
and Chesapeake
fail
to
enact and enforce legislation to prevent further encroachment of
NAS
Oceana
by
end
of
March
2006
adopting
by
the
ordinances
that
require
governing
bodies
follow
the
to
Installations
Compatibility
(AICUZ)
guidelines
Use
Zone
zoning
Air
in
deciding discretionary development applications for property in
8
,--- -
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
Noise
Level
70
dB
Night
Noise
Level
(DNL)
Day
Average
greater;
(f)
The closure or realignment of NAS Oceana would have
serious
adverse
economic
to
the
City
and
consequences
region;
ill
Pilots stationed at NAS Oceana fly more than 200,000
training
operations
each
In
to
NAS
year.
response
officials have voluntarily modified flight arrival and departure
procedures.
These
modifications
have
resulted
in
or
the
Oceana
flight
procedures/training
that
do
replicate
actual
aircraft
not
carrier operating procedures; and
ill
In 2004 and 2005,
the City of Virginia Beach,
along
with the cities of Norfolk and Chesapeake, joined with the Navy
and the Hampton Roads Planning District Commission to craft a
regional Joint Land Use Study (JLUS).
Among the recommendations
of the JLUS was that the City adopt an ordinance applicable in
all
noise
than
65
to
help
prevent
dB
DNL
zones
greater
encroachment at NAS Oceana.
The JLUS was accepted by resolution
of the City Council in May of 2005 and the City Council directed
that appropriate ordinances implementing the recommendations of
the JLUS be brought forward for its consideration.
9
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
COMMENT
The section sets forth the findings of the City Council underlying the AICUZ Overlay
Ordinance.
Sec. 1803.
Applicability.
(a)
Area of applicabili ty.
Except as provided in Section
1805,
the
provisions
this
Article
shall
apply
to
of
discretionary development applications for any property located
wi thin an Accident Potential Zone
(APZ)
or Noise Zone 70-75 dB
DNL or >75 dB DNL,
as shown on the official zoning map,
that
have not been approved or denied by the City Council as of the
date of adoption of this Article. For purposes of this Article,
discretionary
development
applications
shall
include
applications for:
1.
Rezonings, including conditional zonings;
2.
Conditional
permits
for
new
uses
or
use
structures, or for alterations or enlargements of
existing
conditional
where
the
occupancy
uses
load would increase;
3.
Conversions or enlargements of nonconforming uses
or
structures,
except
where
the
application
contemplates the construction of a new building
or structure or expansion of an existing
use or
10
206
207
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
structure
where
the
total
load would
occupancy
not increase; and
4.
closures
where
the
application
Street
contemplates the construction of a new building
or
structure
the
expansion
of
a
use
or
or
structure
where
the
total
load
is
occupancy
increased.
COMMENT
The section provides that the AICUZ Overlay Ordinance applies to discretionary
development applications (i.e., those requiring approval of the City Council) for property in
Accident Potential Zones (APZs) and in the 70-75 and >75 dB DNL Noise Zones. Applications for
conditional use permits and conversions or enlargements of nonconforming structures in which the
proposed use or structure would not result in an increase in occupancy load are exempted from the
provisions of the section, although they, as all other types of discretionary development application,
would remain subject to the City Council's legislative discretion to grant or deny them under
general principles of zoning law.
Sec. 1804.
Discretionary development applications; City Council
policy.
1&
Except as provided in Section 1806,
it shall be the
policy of the City Council that no application included within
the provisions of Section 1803 shall be approved unless the uses
and
it
contemplates
designated
compatible"
structures
are
as
under Table 1 below and, if applicable, Table 2 unless the City
Council
finds that no reasonable use designated as
compatible
under
applicable
Table
Tables
be
made
of
the
the
or
can
property.
In such cases, the City Council shall, subject to the
provisions
Section
1806(a),
the
proposed
of
of
approve
use
11
236
property at the least density or intensity of development that
237
is reasonable.
238
ill
The
following
tables
show
the
uses
designated
as
239
Compatible
(Y)
and those designated as Not Compatible
(N)
in
240
each listed Noise Zone. The designation of any use as Compatible
241
shall not be construed to allow such use in any zoning district
242
in
which
it
is
not
permitted
as
either
a
principal
or
243
conditional use.
244
245
246
TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES
LAND USE COMPATIBILITY IN NOISE ZONES
Land Use Land Use Compatibility
LAND USE NAME 70-75 dB DNL >75 dB DNL
Residentia~ and Re~ated
Sinqle-family dwellings N N
Semidetached dwellinqs N N
Attached dwellinqs/townhouses N N
Duplexes N N
Multiple-family dwellinqs N N
Dormitories and other group quarters N N
Mobile home parks N N
Hotels and motels N Y
Other residential uses N N
Manu£acturina
Food & kindred products; manufacturinq Y Y
Textile mill products; manufacturing Y Y
Apparel and other finished products; Y Y
- -
products made from fabrics, leather and
similar materials; manufacturinq
Lumber and wood products (except Y Y
- -
furniture); manufacturinq
Furniture and fixtures; manufacturinq Y Y
Paper and allied products; manufacturinq Y Y
Printing, publishing, and allied Y Y
- -
industries
12
TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES
LAND USE COMPATIBILITY IN NOISE ZONES (Continued)
Land Use Land Use Compatibi~ity
LAND USE NAME 70-75 dB DNL >75 dB DNL
Manu£acturincr (cont' d)
Chemicals and allied products; y y
- -
manufacturinq
Petroleum refining and related y y
- -
industries
Rubber and misc. plastic products; y y
- -
manufacturinq
Stone, clay and glass products; y y
- -
manufacturinq
Primary metal products; manufacturinq y y
Fabricated metal products; manufacturing y y
Professional scientific, and controlling y y
- -
instruments; photographic and optical
qoods; watches and clocks
Miscellaneous manufacturing y y
Transportation, communication and
uti~ities.
Railroad, rapid rail transit, and street y y
- -
railway transportation
Motor vehicle transportation y y
Aircraft transportation y y
Marine craft transportation y y
Hiqhway and street riqht-of-way y y
Automobile parkinq y y
Communication y y
Utilities y y
Other transportation, communication and Y y
- -
utilities
Trade
Wholesale trade y y
Retail trade - building materials, y y
- -
hardware and farm equipment
Retail trade - qeneral merchandise Y y
Retail trade - food y y
Retail trade - automotive, marine craft, Y y
- -
aircraft and accessories
Retail trade - apparel and accessories y y
- -
13
TABLE 1. - AIR INSTALLATIONS COMPATIBLE USE ZONES
LAND USE COMPATIBILITY IN NOISE ZONES (Continued)
Land Use Land Use Compatibi1.ity
LAND USE NAME 70-75 >75
Services
Retail trade - furniture, home, y y
- -
furnishings and equipment
Retail trade - eating and drinking y y
- -
establishments
Other retail trade y y
Finance, insurance and real estate y y
- -
services
Personal services y y
Cemeteries y y
Business services y y
Warehousinq and storaqe y y
Repair Services y y
Professional services y y
Hospitals, other medical fac. y N
Nursinq Homes y N
Contract construction services y y
Government Services y y
Educational services y N
Miscellaneous y y
Cu1- tura~, entertainment and recreationa~
Cultural activities (& churches) Y N
Nature exhibits N N
Public assembly halls N N
Auditoriums, concert halls y N
Outdoor music shells, amphitheaters N N
Outdoor sports arenas, spectator sports y N
Other outdoor recreational facilities y y
Indoor recreational facilities y y
Campqrounds y N
Parks y N
Other cultural, entertainment and y N
- -
recreation
Resource Production and Extraction
Aqriculture (except live stock) y y
Livestock farming y N
Animal breeding y N
- -
14
TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES
LAND USE COMPATIBILITY IN NOISE ZONES (Continued)
Land Use Land Use Compatibility
LAND USE NAME 70-75 >75
-
Resource Production and Extraction
(cont' d)
Aqriculture related activities y y
Forestrv Activities y y
Fishinq Activities y y
Mininq Activities y y
Other resource production or extraction y y
247
248
TABLE 2-AIR INSTALLATIONS COMPATIBLE USE ZONES
LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES
LAND USE NAME CLEAR ZONE APZ-I APZ-II
Residentia~
Single-family N N Y
- - -
dwellinqs
Semidetached dwellinqs N N N
Attached N N N
- - -
dwellinqs/townhouses
Multiple-family N N N
- - -
dwellinqs
Dormitories and other N N N
- - -
qroup quarters
Hotels and motels N N N
Mobile home parks N N N
Other residential N N N
Manu£acturing
Food & kindred N N Y
- - -
products;
manufacturing
Textile mill N N Y
- - -
products;
manufacturing
15
TABLE 2-AIR INSTALLATIONS COMPATIBLE USE ZONES
LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES
CLEAR ZONE APZ-I APZ-II
Manufacturinq (cont' d)
Apparel and other N N N
- - -
finished products;
products made from
fabrics, leather and
similar materials;
manufacturinq
Lumber and wood N y Y
- - -
products (except
furniture);
manufacturinq
Furniture and N y Y
- - -
fixtures;
manufacturinq
Paper and allied N y Y
- - -
products;
manufacturinq
Printing, N y Y
- - -
publishing, and allied
industries
Chemicals and N N N
- - -
allied products;
manufacturinq
Petroleum refining N N N
- - -
and related industries
Rubber and misc. N N N
- - -
plastic products;
manufacturinq
Stone, clay and N N Y
- - -
glass products;
manufacturinq
Primary metal N N Y
- - -
products;
manufacturinq
Fabricated metal N N Y
- - -
products;
manufacturinq
16
TABLE 2-AIR INSTALLATIONS COMPATIBLE USE ZONES
LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES
LAND USE NAME CLEAR ZONE APZ-I APZ II
Professional N N N
- - -
scientific, &
controlling
instrument;
photographic and
optical goods; watches
& clocks
Miscellaneous N y Y
- - -
manufacturinG
Transport:at:ion,
communicat:ion and
ut:il.it:ies
Railroad, rapid N y Y
- - -
rail transit, and
street railway
transportation
Motor vehicle N y Y
- - -
transportation
Aircraft N y Y
- - -
transportation
Marine craft N y Y
transportation - - -
Auto parkinG N y Y
Communication N y Y
Utilities N y Y
Solid waste N N N
- - -
disposal (Landfills,
incineration, etc.)
Other transport, N y Y
- - -
comm. and utilities
Trade
Wholesale trade N y Y
Retail trade - N Y Y
building materials, - - -
hardware and farm
equipment
Retail trade - general N N Y
- - -
merchandise
17
TABLE 2-AIR INSTALLATIONS COMPATIBLE USE ZONES
LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES
LAND USE NAME CLEAR ZONE APZ-I APZ II
Retail trade - food N N Y
Retail trade - N Y Y
- - -
automotive, marine
craft, aircraft and
accessories
Retail trade - N N Y
- - -
apparel and
accessories
Retail trade - N N Y
- - -
furniture, home,
furnishings and
equipment
Retail trade - N N N
- - -
eating and drinking
establishments
Other retail trade N N Y
Services
Finance, insurance N N Y
- - -
and real estate
services
Personal services N N Y
Cemeteries N y Y
Business services N N Y
- - -
(credit reporting;
mail, stenographic,
reproduction;
advertisinq)
Warehousing and N y Y
- - -
storage services
Repair Services N y Y
Professional services N N Y
Hospitals, nursing N N N
- - -
homes
Other medical N N N
- - -
facilities
Contract construction N y Y
services - - -
Government Services N N Y
Educational services N N N
18
TABLE 2-AIR INSTALLATIONS COMPATIBLE USE ZONES
LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES
LAND USE NAME Clear Zone APZ-I APZ-II
Miscellaneous N N Y
Cu:L tura:L, entertainment and recreationa:L
Cultural activities N N N
Nature exhibits N y Y
Public assembly N N N
Auditoriums, concert N N N
- - -
halls
Outdoor music shells, N N N
- - -
amphitheaters
Outdoor sports arenas, N N N
- - -
spectator sports
Indoor recreational N y Y
- - -
facilities
Campqrounds N N N
Parks N y Y
Other cultural, N y Y
- - -
entertainment and
recreation
Resource production and extraction
Agriculture (except y y y
- - -
live stock
Livestock farming and N y Y
- - -
breeding
Agriculture related N y Y
- - -
activities
Forestry Activities 11 N Y Y
Fishinq Activities 12 N Y Y
Mininq Activities N y Y
Other resource N y
- -
production or
extraction
Other
Undeveloped Land y y y
- - -
Water Areas N N N
249
250
19
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
283
284
285
286
287
288
289
COMMENT
The section sets forth the policy of the City Council that, unless a parcel of property has no
reasonable use that is designated as compatible under Table 1 and, if applicable, Table 2, the City
Council shall not approve any discretionary development application for that parcel of property
that the AICUZ Overlay Ordinance applies to discretionary development applications (i.e., those
requiring approval ofthe City Council) for property in Accident Potential Zones (APZs) and in the
70-75 and >75 dB DNL Noise Zones.
Lines 234 -237 make it clear that in cases in which a use proposed by an application is NOT
Compatible, but is the only reasonable use, the City Council shall approve the proposed use at the
least density or intensity that is reasonable. As an example, if an application contemplates the
development of 100 single-family dwellings (which are designated as Not Compatible in 70-75 and
>75 dB DNL Noise Zones), the City Council may approve the application with fewer dwelling units
density even if there is no reasonable use of the property other than single-family dwellings if it finds
that a lesser number of dwelling units would constitute a reasonable use of the property. It is also
important to note that, as stated in Section 1806(a), the City Council may exercise its zoning powers
to the fullest extent, such that it may deny an application for any valid reason, even if that reason
does not involve AICUZ-related considerations.
The section also contains the tables that designate whether or not a use is Compatible (Y) or
Not Compatible (N) in APZs and Noise Zones 70-75 dB DNL and >75 dB DNL.
Sec. 1805.
Sound attenuation.
Sound attenuation measures shall be incorporated in any use
or structure located in Noise Zones 65-70 dB DNL,
70-75 dB DNL
or
>75
in
with
requirements
of
the
dB
DNL
accordance
the
Virginia Uniform Statewide Building Code.
COMMENT
The section provides that sound attenuation measures are required to be incorporated in
uses and structures in Noise Zones 65-70, 70-75 and >75 dB DNL, if required by the Virginia
Uniform Statewide Building Code. The Code, which was recently amended to incorporate
legislation enacted by the 2005 General Assembly, requires sound attenuation in Assembly,
Business, Educational, Institutional and Mercantile Use Groups, as defined in the International
Building Code. Sound attenuation in residential structures is already required under the Code.
Sec. 1806.
Allowable residential density in Western Transition
Area.
20
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
(a)
Subject to the provisions of Section 405
(Alternative
Residential
Development
in
Agricultural
Districts),
single-
family residential development in Agricultural Districts
shall
be permitted as a conditional use at the following density in
that portion of the Princess Anne/Transition Area designated as
"Interfacility Traffic AreaH on the official zoning map.
Noise Zone
Maximum Permitted Density (Single-
Family Dwellings)
70-75 dB DNL:
One (1) per five (5) acres of
developable land
>75 dB DNL:
One (1) per fifteen (15) acres of
developable land
(b)
Where a tract of land is located within more than one Noise
Zone,
lots
shall
situated,
the
extent practicable,
on the
be
to
portion of the tract within the lowest Noise Zone.
In such cases, the
portion of the tract wi thin the lowest Noise Zone may contain the
entire number of dwellings allowable on the acreage of the entire
tract.
COMMENT
The section limits the maximum allowed density in the Interfacility Traffic Area portion of
the Princess Anneffransition Area to one dwelling unit per 5 acres of developable land in the 70-75
dB DNL Noise Zone and to one dwelling unit per 15 acres in the >75 dB DNL Noise Zone. Those
maximum densities are subject to the provisions of Section 405 (Alternative Residential
Development in Agricultural Districts).
Sec. 1806.
Reservation of powers; severability.
(a)
Nothing in this Article shall be construed to require
the City Council to approve any application solely because it
21
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
meets the requirements of this Article,
it being the intention
of
this
Article
that
the
City
Council
shall
entitled
to
be
exercise
its
authority
in
applications
the
fullest
such
to
extent allowed by law.
(b)
The provisions of this section shall be severable,
it
being the intention of the City Council that in the event one or
more of the provisions of this section shall be adjudged to be
invalid
unenforceable,
the
remaining
provisions
of
this
or
section shall be unaffected by such adjudication.
COMMENT
The section provides that (1) the City Council shall retain, to the fullest extent, its other
powers over discretionary development applications, such that it may deny any application for
reasons not related to AICUZ considerations; and (2) the provisions of the section shall be deemed
severable, such that if one or more of its provisions are held to be invalid or unenforceable by a
court, the remaining provisions are to remain unaffected. While such language is not binding upon
a court, it raises a legal presumption that the invalid provision may be stricken, leaving the others
intact.
Adopted by the City Council of the City of Virginia Beach,
Virginia on the ---- day of
, 2005.
CA-9596
OID\ordres\AICUZ Overlay Ordinance.doc
R-8
August 26, 2005
22
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
A Resolution Reaffirming the City Council's Support for the Southeastern
Parkway and Greenbelt (SEPG) and Requesting That the Commonwealth
Transportation Board Select a Preferred Alternative and Authorize Final
Environmental Studies
MEETING DATE:
September 6, 2005
. Background: This project has been in the City's Master Transportation Plan since
1986. In 1987, VDOT and Federal Highway Administration (FHWA) began studies of the project
resulting in a Draft Environmental Impact Statement DEIS (1989) and Supplemental DEIS
(1992), which led to the adoption of an Approved Alternative by the Commonwealth
Transportation Board (CTB). The process was put on hold and no Record of Decision (ROD)
was issued. In 2001, the Cities of Chesapeake and Virginia Beach adopted a Memorandum of
Understanding (MOU) demonstrating continued support for the SEPG. In 2003, work on the
DE IS was reinitiated.
. Public Information: Advertised through the normal agenda advertising process.
VDOT held Public Hearings on the DE IS in the Cities of Virginia Beach (July 11, 2005) and
Chesapeake (July 13, 2005). On August 9, there was a briefing to City Council by VDOT. On
August 23, we received a number of comments requesting the changes to segment D during a
public comment session.
. Alternatives: The CTB will take action on a preferred alternative. They will consider
input from the Public Hearings, local governments, and other comments received during this
process. Council can choose any of the alternatives: No-Build or Build (Preferred, Stumpy
North, North, North K, Stumpy South). The Public Hearings indicated majority citizen support
for the Preferred, some minor support for the No-Build, and no support for the other alternatives.
. Recommendations: Adopt the resolution that requests the Commonwealth
Transportation Board select a build alternative that includes the "preferred alignment" as
specified in the DEIS, with some realignment of segment D away from Stumpy Lake, and
reaffirms Council's support for the SEPG.
.
Attachments: PowerPoint presentation by Ken Wilkinson, Environmental Division
Resolution
Recommended Action: Approval
Submitting Department/Agency: City Manager
City Manage~ \L.~ ~
1
2
3
4
5
6
7
8
9
A RESOLUTION REAFFIRMING THE CITY COUNCIL'S
SUPPORT FOR THE SOUTHEASTERN PARKWAY AND
GREENBELT (SEPG) AND REQUESTING THAT THE
COMMONWEALTH TRANSPORTATION BOARD SELECT A
PREFERRED ALTERNATIVE AND AUTHORIZE FINAL
ENVIRONMENTAL STUDIES
WHEREAS, the City Council of the City of Virginia Beach has
10
expressed its continued support for the Southeastern Parkway and
11
Greenbelt (SEPG) since its inception in 1987; and,
12
WHEREAS, on March 2 6 ,
1991, the City Council endorsed the
13
basic design concept for the SEPG and by resolution adopted the
14
BE-I0 alignment as its preferred alternative; and,
15
WHEREAS,
the City Council has acquired properties to both
16
preserve and protect the BE-I0 alignment alterative; and,
17
WHEREAS,
the
Virginia
of
has
Department
Transportation
18
recently published a draft Environmental Impact Statement (EIS);
19
and,
20
WHEREAS, the Commonwealth Transportation Board will select
21
a build alternative during a meeting scheduled this fall.
22
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
23
OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
24
That City Council of the City of Virginia Beach reaffirms
25
its support for the SEPG along the alignment shown in the draft
26
EIS as the preferred alternative, including segments A, B, C, D,
27
E and F; and,
28
BE IT FURTHER RESOLVED:
29
That City Council of the City of Virginia Beach wishes to
30
mitigate the impact in the Stumpy Lake natural area purchased by
31
the
City
of
Virginia
Beach
and
reduce
impacts
the
to
on
32
environment
by
having
straightened
between
Indian
segment
D
33
River and Elbow Roads; and
34
BE IT FURTHER RESOLVED:
35
That City Council of the City of Virginia Beach believes
36
the construction of this straightened segment would allow the
37
removal of the existing right-of-way for Elbow Road restoring
38
the natural drainage throughout this ecosystem; and
39
BE IT FURTHER RESOLVED:
40
That City Council of the City of Virginia Beach reaffirms
41
its request to play an active role in the design and execution
42
of the SEPG using our own design consultants; and
43
BE IT FURTHER RESOLVED:
44
That City Council of the City of Virginia Beach requests
45
that
the
virginia
of
Transportation
forward
this
Department
46
project to the Commonwealth Transportation Board for selection
47
of a preferred alternative and authorization to proceed with the
48
final EIS.
49
ADOPTED by City Council
the
City of Virginia Beach,
of
50
Virginia, this
day of
, 2005.
2
CA9745
H:\OID\LU\Ord&Res\Resolution reaffirming SEPG.doc
R-l
August 29, 2005
APPROVED AT TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
iJ) ~~ IV) /~ æwI'
City Attorney
Ci Y Manager
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Project History
-1987--Virginia Department of Transportation
(VDOT) & Federal Highway Administration (FHW A)
r:;:.
initiated studies on the Southeastern Expressway. "
-1989--FHW A published the Draft Environmental
Impact Statement (DEIS) and Section 4(f)
Evaluation.
-1994--FHW A distributed the SDEIS to the
resource agencies and the public for comment.
-1996--Virginia's Commonwealth Transportation
Board (CTB) adopted the South Alternative from
the SDEIS as the alignment for further
development.
"VDDT
Project History (cont.)
-1998--Work was suspended on the FEIS prior to
completion. A Record of Decision was never
issued for the project.
82001--Adoption of a Memorandum of
Understanding by the Cities of Chesapeake and
Virginia Beach which demonstrated continued
support of the SEPG project.
-2003--Notice of Intent to prepare the EIS
published in Federal Register, and work begun on
DEIS.
-2005--DEIS completed and signed by FHW A.
~VDDT
Purpose and Need
. Improve capacity to accommodate forecasted traffic volumes
. Provide an alternative east-west connection between
Chesapeake and Virginia Beach
. Enhance access to NAS Ocean a
. Provide an alternate hurricane evacuation and emergency
response route
. Provide a linkage between employment, retail, commercial and
residential development areas
~VDDT
Alternatives Development
. Originally over 83 Candidate Build Alternatives
. Refined to five CBAs and the No Build
Candidate Build Alternatives:
.:. North
.:. Stumpy South
.:. Stumpy North
.:. North / K
.:. Preferred (previous South)
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'-VDOT
Transportation: Evaluation Criteria
. Vehicle miles traveled
. Vehicle hours traveled
under both free flow
and congested
conditions
. Average vehicle speed
under congested
cond itions
. level of service
. Crashes
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Impacts: Human Environment
. Environmental Justice
. Relocations
. Community facilities
. Community cohesion
. Cu Itu ral resou rces
. Noise
~DOT
Public Hearing Transcript
. Public Hearing Transcript comment
period June 10th - July 23rd
. Almost 500 people attended the two
Public Hearings held in July 2005
. Approximately 300 comments received
. Majority of comments supported a
Build Alternative
. Over half of the comments favored the
Preferred Alternative
. About 1/3 of comments favored the No-
Build.
'-YDDT
Public Hearing Transcript
Concerns expressed included:
. Relocations
. Impact and Proximity to Stumpy Lake
. Noise Barriers
. Cost
. Continued traffic congestion
'-.¥DDT
Agency Comments
. Wetland impacts and mitigation
. Wildlife habitat loss and compensation
. Direct and indirect impacts outweigh
project benefits
. Relocations/Community Cohesion
~VDDT
Next Steps
. Commonwealth Transportation Board
action (Fall 2005)
. Final EIS (Spring 2006)
. Record of Decision (Summer 2006)
0 F HW A
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CITY OF VIRGINIA BEACH
AGENDA ITEM
)
.-..
ITEM: Resolution of the City Council of the City of Virginia Beach, Virginia, approving
the issuance of the Series 2005 Residential Care Facility Mortgage Refunding Revenue
Bo~ds for Westminster-Canterbury of Hampton Roads, Inc.
MEETING DATE: September 6,2005
.
Background:
The City of Virginia Beach Development Authority (the "Authority") has considered
the request of Westminster-Canterbury of Hampton Roads, Inc. involving a
refunding of Series 1999A bonds and reissuing as Series 2005 bonds. The purpose
of the Series 2005 Bonds will be to refund all callable Series 1999A Bonds. The
1999A Bonds maturing in 2006 through 2009 will remain outstanding, while the
maturities from 2010 through 2032 will be refunded. The Series 2005 Bonds will be
issued as fixed rate debt with a maturity structure that matches the existing 1999A
Bonds at a substantial interest savings. Utilizing lower interest rates in effect as of
July 27, 2005, the Series 2005 Bonds will produce substantial cash flow savings to
Westminster-Canterbury, which will benefit the citizens of Virginia Beach by
ensuring the availability of modern and efficient medical services, special care and
secure living accommodations for the elderly in accordance with their special needs.
.
Considerations:
The matter comes before Council for its approval pursuant to § 15.2-4906 of the
Code of Virginia which requires the municipality on behalf of which the bonds of an
authority are issued to either approve or disapprove any financing recommended by
such authority within sixty (60) days of the date of the Authority's public hearing.
.
Public Information:
The request was duly advertised for a public hearing before the Authority in
accordance with the requirements of Section 15.2-4906 of the Virginia Code.
.
Alternatives:
Not Approve, which would result in the bonds not being issued for the facilities.
.
Recommendations:
Approval
. Attachments:
Location Map
Resolution for City of Virginia Beach
lOP Submission to Council
Affidavit to Publication & Notice
Notice of Public Hearing
Record of Public Hearing
Development Authority's Resolution
Disclosure Statement
Authority's Statement
Fiscal Impact Statement
Summary Sheet
Letter from Department of Economic Development August 18, 2005
APPROVAL
Submitting Department! Agency: Development AuthOrl~1\ J
City Manager: ~ . C:3S ~
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1
2
3
4
5
6
7
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA,
APPROVING THE ISSUANCE OF THE
SERIES 2005 RESIDENTIAL CARE FACILITY
MORTGAGE REFUNDING REVENUE
BONDS FOR WESTMINSTER-CANTERBURY
OF HAMPTON ROADS, INC.
8
WHEREAS, the City of Virginia Beach Development Authority (the "Authority")
9
has considered the application of Westminster-Canterbury of Hampton Roads, Inc. (the
10
"Company") for the issuance of the Authority's Residential Care Facility Mortgage
11
Refunding Revenue Bonds, Series 2005 (the "Series 2005 Bonds") in an amount not to
12
exceed $55,000,000 to refund the Authority's outstanding Residential Care Facility
13
Mortgage Revenue Bonds, Series 1999A (the "Series 1999A Bonds") maturing on or
14
after November 1, 2010, which were issued on December 9, 1999, to finance a portion
15
of the Company's costs to construct, renovate and equip a new 14-story residential wing
16
and to substantially renovate its existing campus located at 3100 Shore Drive, Virginia
17
Beach, Virginia, and has held a public hearing thereon on August 18, 2005; and
18
WHEREAS, the Authority has requested City Council (the "Councin of Virginia
19
Beach, Virginia (the "City") to approve the issuance of the Series 2005 Bonds to comply
20
with Section 147(f) of the Internal Revenue Code of 1986, as amended; and
21
WHEREAS, pursuant to Section 15.2-4906, Code of Virginia, 1950, as amended,
22
a copy of the Authority's Resolution approving the issuance of the Bonds, subject to
23
terms to be agreed upon, and a reasonably detailed summary of the comments
1-663737.1
08/25/2005 11 :50 AM
24
expressed at the public hearing, if any, have been filed with the Council C?f the City of
25
Virginia Beach, Virginia.
26
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
27
BEACH, VIRGINIA:
28
1.
The Council of the City of Virginia Beach, Virginia hereby approves the
29
issuance of the Series 2005 Bonds by the City of Virginia Beach Development Authority,
30
in a principal amount not to exceed $55,000,000 for the purpose of refunding the
31
Authority's outstanding Series 1999A Bonds maturing on or after November 1,2010, for
32
the benefit of Westminster-Canterbury of Hampton Roads, Inc., to the extent required
33
by Section 147(f) of the Intemal Revenue Code, to permit the Authority. to assist in
34
issuing the Series 2005 Bonds.
35
2.
The approval of the issuance of the Series 2005 Bonds, as required by
36
Section 147(f) does not constitute an endorsement of the bonds or the creditworthiness
37
of the Company and, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as
38
amended, the Series 2005 Bonds shall provide that neither the City nor the Authority
39
shall be obligated to pay the Series 2005 Bonds or the interest thereon or other costs
40
incident thereto except from the revenues and moneys pledged therefor, and neither the
41
faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall
42
be pledged thereto.
2
1-663737.1
08/25/2005 11 :50 AM
43
44
45
46
47
3.
In approving the Authority's Resolution, the City of Virginia Beach,
including its elected representatives, officers, employees and agents, shall not be liable
and hereby disclaims all liability for any damages to any person, direct or consequential,
,.
resulting from the Authority's failure to issue the Series 2005 Bonds for any reason.
4.
This Resolution shall take effect immediately upon its adoption.
48
49
Adopted by a majority of a quorum of the Council of the City of Virginia Beach,
50
Virginia on September 6, 2005.
51
I certify the foregoing to be a true and correct copy of the Resolution adopted by
52
the City Council of the City of Virginia Beach, at a regular meeting held on September 6,
53
2005.
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
~?
CA9692
August 31 , 2005
City Clerk
APPROVED AS TO LEGAL
SUFFICIENCY:
r
-."
H:\OJDIREAL ESTATEIDEVAUTH\BOND\WORKlDA1585 Westminster-Canterbury of Hampton\City Council Resolution.DOC
3
1-663737.1
08/2512005 1 \:50 AM
VIRGINIA
BEACH
Virginia Beach
Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website: www.vbgov.com
August 18, 2005
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re:
Westminster-Canterbury of Hampton Roads, Inc.
Revenue Refunding Bonds
Dear Mayor Oberndorf and Members of City Council:
We submit the following in connection with project Westminster-Canterbury of Hampton
Roads, Inc. located at 3100 Shore Drive in the city of Virginia Beach, Virginia.
(1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a
summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia
Beach Development Authority's (the "Authority") resolution recommending Council's approval is
attached as Exhibit C.
(2) The Disclosure Statement is attached as Exhibit D.
(3) The statement of the Authority's reasons for its approval as a benefit for the City of
Virginia Beach and its recommendation that City Council approve the bonds described above is
attached as Exhibit E.
(4) The Fiscal Impact Statement is attached as Exhibit F.
(5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying
the Project and the principals.
(6) Attached as Exhibit H is a letter from the Department of Economic Development
commenting on the Project.
Very truly yours,
RGJ/NH/mlg
Enclosures
The Virginian-Pilot
--------------------------------------------------+---------------------------
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This day, D. Johnson personally appeared before me
and after being duly sworn, made oath that: I
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Exhibit A
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
WILLCOX & SAVAGE, P.C.
ONE COMMERCIAL PLACE P ZEMANIAN
1800 BANK OF AMERICA CENT
NORFOLK VA 23510
REFERENCE: 10220601
13620239
NOTICE OF PUBLIC HEA
State of Virginia
City of Norfolk
1) She is affidavit clerk of The Virginian-Pilot,
a newspaper published by Landmark Communications
Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk, and Virginia Beach, Common-
wealth of Virginia and in the state of North
Carolina 2)That the advertisement hereto annexed
has been published in said newspaper on the date
stated.
PUBLISHED ON: 08/04 08/11
TOTAL COST:
FILED ON:
expires January 3 , 2008
Exhibit B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
(WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.)
ON AUGUST 1~, 2005
The Chairman of the City of Virginia Beach Development Authority (the "Authority")
announced the commencement of a public hearing on the request of Westminster-Canterbury of
Hampton Roads, Inc., a Virginia nonstock, nonprofit corporation (the "Borrower") that the
Authority undertake the issuance of its Residential Care Facility Mortgage Refunding Revenue
Bonds, Series 2005 (the "Series 2005 Bonds") in the maximum principal amount of $55,000,000
to refund its outstanding Residential Care Mortgage Revenue Bonds, Series 1999A (the "Series
1999A Bonds") maturing on or after November 1, 2010, and that a notice of public hearing was
published in The Virginian-Pilot, a newspaper having general circulation in the City of Virginia
Beach, Virginia, in accordance with applicable law governing the issuance of tax-exempt bonds.
The Chairman indicated that a copy of the Notice and an Affidavit of Publication of such notice
are to be filed with the records of the City Council of the City of Virginia Beach (the "Council").
Mr. Hugh L. Patterson, an attorney with Willcox & Savage, P.C., appeared and addressed
the Authority as attorney for the Borrower and as bond counsel with respect to the issuance of
the Series 1999A Bonds and the Series 2005 Bonds. He indicated that it is unusual to have a
public hearing to approve the issuance of refunding bonds but in this instance, the Series 1999 A
Bonds are to be advanced refunded (refunded more than ninety (90) days after the issuance of
the refunding bonds) and a public hearing is required by applicable tax law in the case of
advance refundings.
Mr. Patterson stated that the proceeds from the issuance of the Series 1999A Bonds were
used by the Borrower to pay a part of the construction costs of Westminster-Canter bury's new
west wing and substantial renovations recently completed to its existing campus located at 3100
Shore Drive in Virginia Beach, Virginia. Construction of this project was completed as of
March 31, 2002, and as a result of Westminster-Canter bury's expansion of its life-care facilities
with the assistance of Authority financing, Westminster-Canterbury currently (a) employs 385
full-time and 50 part-time employees with an average annual salary and benefits per employee of
$34,697, (b) pays annual real property taxes of$833,680, (c) pays annual personal property taxes
of$56,060, (d) purchases approximately $7,000,000 oflocal goods and services each year and
(e) provides residential facilities and services for about 700 senior residents who are living there.
Ms. Erle Marie Latimer as President and Mr. Dan Oetzel as Chief Financial Officer of
Westminster-Canterbury appeared at the hearing and were available to answer questions
concerning the current operations of Westminster-Canter bury's life care facilities on Shore Drive.
No members of the public appeared to ask questions concerning the project or the issuance of the
Series 2005 Bonds being requested by Westminster-Canterbury.
No other persons appeared to address the Authority, and the Chairman closed the public
hearing.
1-663664.1
08/24/2005 1 1 :33 AM
The Authority hereby recommends that the City Council of the City of Virginia Beach,
Virginia, approve the issuance of the Series 2005 Bonds and hereby transmits the Fiscal Impact
Statement to the City Council of the City of Virginia Beach and asks that this recommendation
be received at its next regular or special meeting at which this matter can be properly placed on
the Council's agenda for hearing.
I'
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2
1-663664.1
08/24/2005 II :33 AM
Exhibit C
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
. INDICATING ITS INTENT TO ISSUE UP TO $55,000,000 OF ITS RESIDENTIAL
CARE FACILITY MORTGAGE REVENUE REFUNDING BONDS (WESTMINSTER-
CANTERBURY OF HAMPTON ROADS, INC.) SERIES 2005
WHEREAS, Westminster-Canterbury of Hampton Roads, Inc. ("Westminster-
Canterbury") has described its interest in having the City of Virginia Beach Development
Authority (the "Authority") issue up to $55,000,000 of its Residential Care Facility Mortgage
Revenue Refunding Bonds, Series 2005 (the "Series 2005 Bonds") to refund its Series 1999A
Bonds in the approximate amount of $46,000,000 which were issued, together with its Series
1999B Bonds (now fully paid and redeemed), to finance the construction of a new west wing and
substantial renovations at Westminster-Canterbury's residential campus at 3100 Shore Drive in
Virginia Beach, Virginia; and
WHEREAS, Westminster-Canterbury, in its application and in its appearance before the
Authority, has requested that the Authority issue its Series 2005 Bonds under the provisions of
Chapter 643 of the Acts of Assembly of 1964 and the Industrial Development and Revenue Bond
Act, Chapter 49, Title 15.2 ofthe Code of Virginia of 1950, as amended (collectively, the "Act");
and
WHEREAS, a public hearing has been held as required by Section 147(f) of the Internal
Revenue Code of 1986, as amended, and Section 15.2-4906 of the Code of Virginia of 1950, as
amended (the "Virginia Code").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY THAT:
1. The foregoing recitals are approved by the Authority and are incorporated in, and
deemed a part of this Resolution.
2. It is hereby found and determined by the Authority that the issuance of the Series
2005 Bonds by the Authority will be in the public interest, will benefit the inhabitants of the City
of Virginia Beach through the promotion of their safety, health, welfare, convenience or
prosperity and will further the public purposes of the Act and provide a public benefit to the City
by, among other things, ensuring the availability of modern and efficient medical services,
special care and secure living accommodations for the elderly in accordance with their special
needs.
3. It has previously been found and detennined that Westminster-Canterbury's
facilities on Shore Drive in Virginia Beach constitute a facility for the residence or care of the
aged within the meaning of the Act.
4. The Authority hereby agrees to cooperate with Westminster-Canterbury in
reviewing plans to refund its outstanding Series 1999 A Bonds and, subject to the Authority's
1-660368.1
08í03/2oo5
9. The Authority shall not be liable and hereby disclaims all liability to Westminster-
Canterbury for any damages, direct or consequential, resulting from the Authority's failure to
issue Series 2005 Bonds for any reason, including but not limited to, the failure of the City
Council of the City of Virginia Beach to approve the issuance of the Series 2005 Bonds.
Nothing herein shall be construed as a commitment or obligation on the part of the Authority to
adopt a final resolution or execute any documents with respect to Series 2005 Bonds.
10. Unless this Resolution is extended by the Authority, the Series 2005 Bonds shall
be issued within one year from the date hereof or this Resolution shall become void and of no
further force or effect.
11. The Authority hereby recommends that the City Council of the City of Virginia
Beach approve the issuance of the Series 2005 Bonds and hereby directs the Chairman or Vice-
Chairman of the Authority to submit to the City Council of the City of Virginia Beach a
reasonably detailed summary of the comments, if any, expressed at the public hearing, the fiscal
impact statement required by Virginia law, and a copy of this Resolution.
12.
This Resolution shall take effect immediately upon its adoption.
AOOPTED: August 18, 2005
By
Assistant Secretary
3
1-660368.1
08/03/2005
~J ,-1 \~ó\ I
'J
DISCLOSURE STATEMENT
Date: August 18, 2005
Applicant:
Westminster-Canterbury of Hampton Roads, Inc.
All Owners
(if different from Applicant):
None
Type of Application:
$55,000,000 Residential Care Facility Mortgage Refunding
Revenue Bonds, Series 2005 to refund outstanding Series
1999A Bonds maturing on or after November 1, 2010, in the
approximate amO1JI1t of $46,000,000 which were issued,
together with Series 1999B Bonds (now fully paid and
redeemed), to finance the construction of!i new west wing and
substantial renovations at Westminster-Canterbury' s residential
campus at 3100 Shore Drive in Virginia Beach, Virginia
1.
The Applicant is a Virginia corporation.
2.
The Applicant is the owner of the Project.
3.
The current officers and trustees of Applicant are listed .on the attached
Exhibit A. .
WESTMINSTER -CANTERBURY OF HAMPTON
ROADS, INC.
By ~~~~
664372JDOC
Trustees of Westminster-Canterbury are:
1. Appointed by the Episcopal 2. Appointed by the Presbytery of
Diocese: Eastern Vir2inia
The Honorable Mark Davis Mr. R. Broce Bradley
2732 Sterling Point Drive Landmark Communications
Portsmouth, VA 23703 150 W. BrambletonAvenue
Norfolk, VA 23510
Mr. Carter B. S. Furr, Jr. Dr. Clarence A. Holland
Signature Financial Management, Inc. 4328 Sandy Bay Drive
150 W. Main Street, Suite 1550 Virginia Beach, VA 23455
Norfolk, VA 23510
Mr. TommyKyrus Mr. Doyle E. Hull
2973 Shore Drive #102 7615 Nancy Drive
Virginia Beach, VA 23451 Norfollc,V)\23518
Mr. David Limroth Dr. Richard J. Keever
McPhillips, Roberts & Deans, PLC Bayside Presbyterian Church
P.O. Box 1180 1400 Ewell Rd.
Norfolk, VA 23501 Vir~a Beach, VA 23455
Mr. Charles D. Robison, III Mr. Robert G. Krebs, Jr.
Resource Bank Menill Lynch
P.O. Box 61009 208 Golden Oak Court
Virginia Beach, VA 23466 Vir~a Beach, VA 23452
Mr. James K. Sands Mrs. Mary Louis LeHew
3252 Page Ave., Unit 203 917 Larchmont Crescent
Virginia Beach, VA 23451 Norfolk, VA 23508
Mr. Charles Tucker Mr. E. George Middleton, Jr.
7325 Barberry Lane 2510 Cromwell Road
Norfolk, VA 23505 Norfollc, V)\23509
Mrs. Anne Kyle Williams Mr. T~ewell G. Taylor
6410 A Ocean Front Ave. Sullivan, Andrews & Taylor, P .C.
Virginia Beach, VA 23451 5544 Greenwich Rd., Suite 103
Vir1rinia Beach, V A 23462
664372 I.DOC
08/25/2005
The Officers of Westminster-Canterbury are:
Chairman: Mr. Robert G. Krebs, Jr.
Merrill Lynch
208 Golden Oak Court
Virginia Beach, VA 23452
Vice Chainnan: Mr. Doyle E. Hull
7615 Nancy Drive
Norfolk, VA 23518
Secretary: Mrs. Mary Louis Le Hew
917 Larchmont Crescent
Norfo~ VA 23508
Treasurer: Mr. Charles D. Robison, ill
Resource Bank
P.O. Box 61009
Virejnia Beach, VA 23466
President: ErIe Marie Latimer
3100 Shore Drive
Virginia Beach, VA 23451
Chief Financial Officer and Daniel C. Oetzel
Assistant Treasurer: 3100 Shore Drive
Virginia Beach, VA 23451
Vice President for Resident & Health Judith O'Toole Raymond
Services and Assistant Secretary: 3100 Shore Drive
Virginia Beach, VA 23451
Vice President for Business and D. William Pine
Resource Development: 3100 Shore Drive
Virginia Beach, VA 23451
Vice President for Development and Robert A. Heely
Community Relations: 3100 Shore Drive
Virginia Beach, VA 23451
Vice President for Hmnan Resources: Lorraine D. Mahone
3100 Shore Drive
Virginia Beach, VA 23451
664372 l.DOC
0812512005
I~I
Exhibit E
VIRGINIA
BEÞ~CH
Department of
Economic Deve1opment
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website: www.vbgov.com
E-mail: ecdev@vbgov.com
CITY OF VIRGINIA BEACH
WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.
REFUNDING OF CALLABLE SERIES 1999A BONDS
The Authority recommends approval ofthe captioned refinancing. The
refmancing will allow Westminster-Canterbury to achieve substantial interest savings
which will benefit the citizens ofthe City of Virginia Beach, Virginia by ensuring the
availability of modem and efficient medical services, special care and secure living
accommodations for the elderly in accordance with their special needs.
Exhibit F
FISCAL IMPACT STATEMENT
DATE:
TO:
THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME:
Westminster-Canterbury of Hampton Roads, Inc.
TYPE OF FACILITY:
Life Care Facility
1.
Maximum amount of financing sought
(Series 1999A Bonds to be
advance refunded)
$ 55,000,000
2.
Assessed value of the facility's real
property for Fiscal Year 2006
$ 80,939,702
$ 833,680
3.
Real property taxes for Fiscal Year 2006
4.
Personal property taxes for Fiscal Year 2006
$ 56,060
5.
Estimated merchant's capital (business
license) tax per year using present tax rates
$
6.
Estimated dollar value of goods and
services that will be purchased locally
in Fiscal Year 2006
$ 7,000,000
7.
Estimated number of regular employees
for Fiscal Year 2006
385 full-time and 50 part-time
8.
Average annual salary and benefits per
employee
$ 34,697
The information contained in this Statement is based solely on facts and estimates
provided by the Applicant, and the Authority has made no independent investigation with respect
thereto.
1-660421.1
08/03/2005
City of Virginia Beach Development Authority
By ~A.l,{¿ ~
nC.L Chair ~ I ~ /'
E:-~ H \ ß\ ï G-
SUMMARY SHEET
1. PROJECT NAME:
2. LOCATION:
3. DESCRIPTION OF PROJECT:
4.
AMOUNT OF BOND ISSUE:
5.
PRINCIPALS:
6.
ZONING CLASSIFICATION:
a.
Present zoning classification
of the Property
b.
Is rezoning proposed?
c.
If so, to what zoning
classification?
Westminster-Canterbury of Hampton Roads, Inc.
3100 Shore Drive, Virginia Beach, Virginia 23451
Advance refunding of approximately $46,000,000
of the Authority's Residential Care Facility
Mortgage Revenue Bonds, Series 1999A issued on
behalf of Westminster-Canterbury on December 9,
1999, to finance the cost of constructing a new west
wing aDd substantially renovating its existing life
care facility.
$55,000,000
Episcopal Diocese of Southern Virginia
Presbytery of Eastern Virginia, Presbyterian Church
(USA)
B-4
No
N/A
~~H\ß\T ti
VIRGINIA
BEACH
Virginia Beach
Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website: www.vbgov.com
August 18, 2005
Mr. Robert G. Jones
Chair
Virginia Beach Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
Re: Westminster-Canterbury of Hampton Roads, Inc.
Dear Bob:
The Department of Economic Development concurs with the issuance of residential care
facility mortgage revenue refunding bonds in an amount not to exceed $55,000,000 for
Westminster-Canterbury of Hampton Roads, Inc. The issuance of these bonds by the Authority
will be in the public interest, will benefit the inhabitants of the City of Virginia Beach through
the promotion of their safety, health, welfare, convenience of prosperity and will provide a public
. benefit to the City by, among other things, ensuring the availability of modem and efficient
medical services, special care and secure living accommodations for the elderly in accordance
with their special needs.
These funds are to be utilized primarily to finance the cost of (1) constructing a new 14-
story residential wing with 164 independent living apartments, a wellness center with exercise
room, pool, and an enlarged 350 people capacity auditorium; (2) substantially renovating its
existing life care facility, and (3) providing for covered parking.
I will be happy to answer any questions you may have at our meeting of August 18th.
Sincerely,
~w~
Mark R. Wawner
Project Development Coordinator
Ills