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HomeMy WebLinkAboutDECEMBER 20, 2005 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 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 RONA. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lvnnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K SPORE CITYATTORNEY- LESLIEL. LILLEY CITY CLERK - RUTH HODGES SMITH, MMC 20 December 2005 I. CITY COUNCIL COMMENTS II. REVIEW OF AGENDA ITEMS III. INFORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE.•(757) 427-4303 FAX (757) 426-5669 E- MAIL: Crycncl@vbgov.com - Conference Room - - Conference Room - IV. FORMAL SESSION - Council Chamber - A. CALL TO ORDER — Mayor Meyera E. Oberndorf 2:30 PAI n 3:00 PM II C1Ia1 2"II B. INVOCATION: Reverend Thomas Britton Pastor, Retired C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E ELECTRONIC ROLL CALL OF CITY COUNCIL E. F G. H. I. CERTIFICATION OF CLOSED SESSION MINUTES 1. SPECIAL INFORMAL JOINT BRAC COMMITTEE SESSION November 21, 2005 2. INFORMAL and FORMAL SESSIONS December 13, 2005 AGENDA FOR FORMAL SESSION PUBLIC HEARING 1. AMENDMENT TO THE FY 2005-2006 SCHOOL CAPITAL BUDGET Supplemental Appropriation of $3,844,977 to various projects PUBLIC COMMENT 1. HISTORIC KEMPSVILLE PLAN J. CONSENT AGENDA K. PLANNING 1. Ordinances re the Base Realignment and Closure Commission (BRAC) Compliance Plan: a. AMENDMENTS to REORDAIN and REPEAL the City Zoning Ordinance (CZO) and Comprehensive Plan: 1. AMEND and REORDAIN the CZO to REPEAL §221.1 and ADD Article 18, §§ 1800 — 1807 to establish City Council Policy re discretionary development applications and sound attenuation requirements in buildings and structures in certain AICUZ areas (deferred on October 25, 2005 and November 22, 2005) 2. AMEND the Comprehensive Plan to incorporate the NAS Oceana — NALF Fentress Interfacility Traffic Area Map (deferred on October 25, 2005 and November 22, 2005) 3. AMEND the Comprehensive Plan, REVISE Chapters 1, 2, 3, 5, 9 of the Appendix of the Policy document, and the Princess Anne Corridor Plan to incorporate provisions of AICUZ, JLUS, and the AICUZ Overlay Ordinance (deferred on October 25, 2005 and November 22, 2005) 4. AMEND the Official Zoning Map by designation and incorporation of the NAS Oceana — NALF Fentress Interfacility Traffic Area (deferred on October 25, 2005 and November 22, 2005) 5. AMEND and REORDAIN the Airport Noise Attenuation and Safety Ordinance (City Code Appendix I), re sound attenuation requirements in certain buildings and structures with required disclosures in all residential real estate transactions (deferred on October 25, 2005 and November 22, 2005) 6. AMEND of the CZO, §§ 401, 501, 601, 801, 901, 1001 and 1110 prohibiting incompatible uses in Agricultural, Residential, Apartment, Office, Business, Industrial and PD-H1 zoning districts within Accident Potential Zone 1 (APZ-1) 7. AMEND Article 15 of the CZO re use regulations, dimensional requirements, vehicular parking, density restrictions and design incentives in RT-1, RT-2 And RT-3 Resort Tourist and Laskin Road Gateway Districts (deferred on December 6, 2005) 8. AMEND CZO § 1542 and 1543 to revise density restrictions in the RT-3 (LRG) Laskin Road Gateway Overlay District (deferred on December 6, 2005) 9. AMEND CZO § 102 to establish the Old Beach Overlay District (deferred on December 6, 2005) 10. AMEND the Official Zoning Map by ADDING the Old Beach Overlay District (deferred on December 6, 2005) 11. ADD §§1900-1906 re use regulations, dimensional requirements, design incentives and the Old Beach Design Review Committee for the Old Beach (OB) Overlay District (deferred on December 6, 2005) 12. AMEND CZO § 111 re defining ancillary single-family dwelling unit, modifying the definition of yard, and establishing a definition for interior yard and mixed use (deferred on December 6, 2005) 13. AMEND CZO §200 re allowing ancillary single-family dwellings on the same lot as a separate single-family dwelling (deferred on December 6, 2005) 14. AMEND and REORDAIN the Site Plan Ordinance §2 (Appendix C) to require site plan review of ancillary single-family dwelling units and separate single-family dwelling units on the same lot (deferred on December 6, 2005) 15. AMEND the Comprehensive Plan by incorporating the Resort Area Design Guidelines (deferred on December 6, 2005) 16. AMEND the Comprehensive Plan by incorporating the Old Beach Design Guidelines (deferred on December 6, 2005) 17. AMEND the Comprehensive Plan by REPEALING the Oceanfront Resort Area Concept Plan (1994) and incorporating the Oceanfront Resort Area Plan (November 2005) (deferred on December 6, 2005) 18. AMEND Chapter 4 of the Comprehensive Plan re the Oceanfront Resort Area Concept Plan. (deferred on December 6, 2005) b. Land Acquisition Plans: 1. APZ-1 Use and Acquisition, dated December 14, 2005 2. Interfacility Traffic Area Acquisition, dated December 15, 2005. 2. Application of CHRISTIAN CHAPEL ASSEMBLY OF GOD for a Conditional Use Permit re an expansion to their existing church at 2751 Salem Road. (DISTRICT 7 — PRINCESS ANNE) DEFERRED: May 11, 2004 and November 8, 2005 RECOMMENDATION: APPROVAL 3. Variance to §4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for WILLIAM and WHITNEY WEST to subdivide parcels into four (4) single-family dwellings at 1460 West Little Neck Road. (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION: /• a • 4. Applications re incorporation of property into an adjacent single-family residential development at 4704 and 4708 Indian River Road: (DISTRICT 1 — CENTERVILLE) a. INDIAN POINT, L.L.C. for a Change of Zoning District Classification from R-10 Residential District to Conditional R-10 Residential District with a PD-H2 Overlay District -b. HOLLIS ROAD ASSOCIATES, L.L.C. and INDIAN POINT, L.L.C. for a Modification of Proffers re their Concept Plan of June 15, 2005, for access (approved by City Council on December 14, 2004) RECOMMENDATION: APPROVAL L. 5. Applications of MARVIN M. and GAYLE B. ROLLINS re a hardware store with bulk storage at 5689 Morris Neck Road: (DISTRICT 7 — PRINCESS ANNE) a. Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District b. Conditional Use Permit for a hardware store and accessories with a bulk storage facility. RECOMMENDATION: APPROVAL RESOLUTIONS/ORDINANCES 1. Resolution re a revised Investment Policy for City funds re the City Treasurer's compliance with Virginia Code and current investment practices. 2. Resolution to ESTABLISH the City Manager's advisory Shore Drive Safety Task Force re enhancing pedestrian and vehicular traffic safety. 3. Ordinance to APPROPRIATE $6,792,998 in FY 2004-2005 Virginia Beach School Reversion Funds to the FY 2005-06 Schools Operating Budget and FY 2005-06 Capital Improvement Program: a. Instructional Category $1,500,000 re SOL Incentive Funds b. School Reserve Special Revenue Fund $1,448,021 C. Student Data Management System $1,008,832 re K-12 grade book and data analysis d. Equipment and Vehicle Replacement $ 300,000 re copiers and risographs e. Middle and High School language labs $ 700,000 f. Windsor Woods Elementary School replacement $1,836,145 4. Ordinance to ACCEPT and APPROPRIATE $100,000 from the Department of Justice to -the FY 2005-06 Operating Budget of the Commonwealth's Attorney re prosecution of unlawful possession and use of weapon cases. M. APPOINTMENTS BEACHES and WATERWAYS COMMISSION GOVERNANCE COMMITTEE FOR HISTORIC SITES HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE — PPEA OLD BEACH DESIGN REVIEW COMMITTEE PERSONNEL BOARD (Alternates) RESORT ADVISORY COMMISSION (RAC) SHORE DRIVE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORAITON (VBCDC) N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 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: Virginia Relay Center at 1-800-828-1120 Agenda 12/20/2005gw www.vbgov.com CITY COUNCIL COMMENTS - Conference Room - 2:30 PAL II. REVIEW OF AGENDA ITEMS III. INFORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION - Conference Room - 3:00 PM IV. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Thomas Britton Pastor, Retired 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. SPECIAL INFORMAL JOINT BRAC COMMITTEE SESSION November 21, 2005 2. INFORMAL and FORMAL SESSIONS December 13, 2005 G. AGENDA FOR FORMAL SESSION o; 0 5 �p OUR NAT�„�,j CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed 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 Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC HEARING 1. AMENDMENT TO THE FY 2005-2006 SCHOOL CAPITAL BUDGET Supplemental Appropriation of $3,844,977 to various projects I. PUBLIC COMMENT 1. HISTORIC KEMPSVILLE PLAN NOTICE OF PUBLIC HEARING Amendment to the Imo° 200S-06 Capital Budget: Supplemental Appropriation of $3,844,977 to Various School Capital Projects On Tuesday, December 20, 2005, the Virginia Beach City Council will hold a Public Hearing on a proposed amendment to the FY 2005-2006 Capital Budget. The Pub- lic Hearing will be held at 6:00 P.M. in the City Council Chamber, second floor, City Hall Building, Municipal Center, Virginia Beach, Virginia. The amendment proposes a supplemental appropriation of $3,844,977 in Virginia Beach School Reversion Funds to the following capital projects: Proiect Description Amount Equipment and Vehicle Replacement $ 300,000 School Operating Budget Support $ 700,000 Student Data Management System $1,008,832 Windsor Woods Elementary School Replacement $1 836 4 A TOTAL $3,844,977 Individuals desiring to provide written comments may do so by contacting the City'Clerk's office at 427-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 427-4303. Hearing impaired, call Virginia Relay at 1-800-828-1120. Ruth Hodges Smith, MMC City Clerk Beacon Dec. 11, 2005 14341704 J. CONSENT AGENDA K. PLANNING Ordinances re the Base Realignment and Closure Commission (BRAC) Compliance Plan: a. AMENDMENTS to REORDAIN and REPEAL the City Zoning Ordinance (CZO) and Comprehensive Plan: AMEND and REORDAIN the CZO to REPEAL §221.1 and ADD Article 18, §§ 1800 — 1807 to establish City Council Policy re discretionary development applications and sound attenuation requirements in buildings and structures in certain AICUZ areas (deferred on October 25, 2005 and November 22, 2005) 2. AMEND the Comprehensive Plan to incorporate the NAS Oceana — NALF Fentress Interfacility Traffic Area Map (deferred on October 25, 2005 and November 22, 2005) 3. AMEND the Comprehensive Plan, REVISE Chapters 1, 2, 3, 5, 9 of the Appendix of the Policy document, and the Princess Anne Corridor Plan to incorporate provisions of AICUZ, JLUS, and the AICUZ Overlay Ordinance (deferred on October 25, 2005 and November 22, 2005) 4. AMEND the Official Zoning Map by designation and incorporation of the NAS Oceana — NALF Fentress Interfacility Traffic Area (deferred on October 25, 2005 and November 22, 2005) AMEND and REORDAIN the Airport Noise Attenuation and Safety Ordinance (City Code Appendix I), re sound attenuation requirements in certain buildings and structures with required disclosures in all residential real estate transactions (deferred on October 25, 2005 and November 22, 2005) 6. AMEND of the CZO, §§ 401, 501, 601, 801, 901, 1001 and 1110 prohibiting incompatible uses in Agricultural, Residential, Apartment, Office, Business, Industrial and PD-H1 zoning districts within Accident Potential Zone 1 (APZ-1) 7. AMEND Article 15 of the CZO re use regulations, dimensional requirements, vehicular parking, density restrictions and design incentives in RT-1, RT-2 And RT-3 Resort Tourist and Laskin Road Gateway Districts (deferred on December 6, 2005) 8. AMEND CZO § 1542 and 1543 to revise density restrictions in the RT-3 (LRG) Laskin Road Gateway Overlay District (deferred on December 6, 2005) 9. AMEND CZO § 102 to establish the Old Beach Overlay District (deferred on December 6, 2005) 10. AMEND the Official Zoning Map by ADDING the Old Beach Overlay District (deferred on December 6, 2005) 11. ADD §§ 1900-1906 re use regulations, dimensional requirements, design incentives and the Old Beach Design Review Committee for the Old Beach (OB) Overlay District (deferred on December 6, 2005) 12. AMEND CZO § 111 re defining ancillary single-family dwelling unit, modifying the definition of yard, and establishing a definition for interior yard and mixed use (deferred on December 6, 2005) 13. AMEND CZO §200 re allowing ancillary single-family dwellings on the same lot as a separate single-family dwelling (deferred on December 6, 2005) 14. AMEND and REORDAIN the Site Plan Ordinance §2 (Appendix C) to require site plan review of ancillary single-family dwelling units and separate single-family dwelling units on the same lot (deferred on December 6, 2005) 15. AMEND the Comprehensive Plan by incorporating the Resort Area Design Guidelines (deferred on December 6, 2005) 16. AMEND the Comprehensive Plan by incorporating the Old Beach Design Guidelines (deferred on December 6, 2005) 17. AMEND the Comprehensive Plan by REPEALING the Oceanfront Resort Area Concept Plan (1994) and incorporating the Oceanfront Resort Area Plan (November 2005) (deferred on December 6, 2005) 18. AMEND Chapter 4 of the Comprehensive Plan re the Oceanfront Resort Area Concept Plan. (deferred on December 6, 2005) b. Land Acquisition Plans: APZ-1 Use and Acquisition, dated December 14, 2005 2. Interfacility Traffic Area Acquisition, dated December 15, 2005. 2. Application of CHRISTIAN CHAPEL ASSEMBLY OF GOD for a Conditional Use Permit re an expansion to their existing church at 2751 Salem Road. (DISTRICT 7 — PRINCESS ANNE) DEFERRED: May 11, 2004 and November 8, 2005 RECOMMENDATION: APPROVAL 3. Variance to§§'4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for WILLIAM and WHITNEY WEST to subdivide parcels into four (4) single-family dwellings at 1460 West Little Neck Road. (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION: APPROVAL 4. Applications re incorporation of property into an adjacent single-family residential development at 4704 and 4708 Indian River Road: (DISTRICT 1 — CENTERVILLE) a. INDIAN POINT, L.L.C. for a Change of Zoning District Classification from R-10 Residential District to Conditional R-10 Residential District with a PD-H2 Overlay District b. HOLLIS ROAD ASSOCIATES, L.L.C. and INDIAN POINT, L.L.C. for a Modification of Proffers re their Concept Plan of June 15, 2005, for access (approved by City Council on December 14, 2004) RECOMMENDATION: APPROVAL 5. Applications of MARVIN M. and GAYLE B. ROLLINS re a hardware store with bulk storage at 5689 Morris Neck Road: (DISTRICT 7 — PRINCESS ANNE) a. Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District b. Conditional Use Permit for a hardware store and accessories with a bulk storage facility. RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center 2401 Courthouse Drive, Tuesday, December 20, 2005, at 6:00 p.m. The follow ing applications will be heard: DISTRICT 1- CENTERVILLE Indian Point, L.L.C. Application: Change of Zonin District Classification from R-10 Residential to Conditional R-10 Residential with a PD-H2 Overlay on the east side of Indian River Road. (GPIN 14740958520000). The Comprehensive Plan designates this site as being within the Primary Residential Area. The purpose of this rezoning is to incorporate the subject property into an adjacent single-family residential devel- opment. Hollis Road Associates, L.L.C. & Indian Point, L.L.C. Application: Modification of Prof- fers for a rezoning, approved by City Council on December 14, 2004, at 4704 and 4708 Indian River Road (GPINs 14740889180000; 14740920190000; 14740986010000). The Comprehensive Plan designates this site as being within the Primary Residential Area. The purpose of this modification is to add property to the planned single-family residential development. DISTRICT 7 - PRINCESS ANNE Marvin M. Rollins & Gayle B. Rollins Application: Change of Zoning District Classifica- tion from AG-2 Agricultural to Conditional B-2 Community Business at 5689 Morris Neck Road (GPIN 23089902090000). The Comprehensive Plan designates this site as being part of the Rural Area, suitable for agricultural uses and services that sup- port agriculture and the rural residential population. The purpose of this rezoning is to develop a hardware store on this site. Marvin M. Rollins & Gayle B. Rollins Application: Conditional Use Permit for a bulk storage facility at 5689 Morris Neck Road (GPIN 23089902090000). Christian Chapel Assembly of God Application: Conditional Use Permit for a church at 2751 Salem Road (GPINs 14834859920000; 14835900590000; 14835901080000;14835992570000). DISTRICT 5 - LYNNHAVEN Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision,Ordinance, Subdivision for William and Whitney West, at 1460 West Little Neck Road (GPINs 14884909170000; 14884947660000; 14893083700000). An DISTRICT0 Ordinance -LYNNHAVEN/DISs ICT40f, 501 60H/80 TRICT 1001 aCESSnd 11A0NoEthe City Zoning Ordinance by Prohibiting Uses Designated as Incompatible in the Portions of Agricultural, Residential, Apartment, Office, Business, Industrial and PD-H1 Zoning Districts Within Accident Potential Zone 1 (APZ-1). DISTRICT 6 - BEACH An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A) by amending Article 1, Section 102, pertaining to the establishment of districts and official zoning maps for the Old Beach (OB) Overlay District. An Ordinance to Amend the Official Zoning Map by the designation and incorporation of the Old Beach Overlay District. An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A) by amending Article 1, Section 111, pertaining to the definitions of the terms "Ancillary Single -Family Dwelling Unit," "Yard," "Interior Yard," And "Mixed Use". An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A) by amending Article 2, Section 200, pertaining to the construction of ancillary single-family dwelling units on certain lots. An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A) by adding a new Article 19 thereto, pertaining to the legislative intent, use regulations, dimensional requirements, and design incentives for the Old Beach Overlay District. An Ordinance to Amend and Reordain the Site Plan Ordinance (Appendix C) to require site plan review of ancillary single-family dwelling unit and a separate single-family dwelling unit on the same lot. An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A) by amending Article 15, pertaining to use regulations, dimensional requirements, vehicular parking requirements, density restrictions and design incentives in the RT-1, RT-2 And RT-3 Resort Tourist Districts and the RT-3 Laskin Road Gateway Overlay District. An Ordinance to amend the Comprehensive Plan by the deletion of the 1994 Resort Area Concept Plan as a component of the Comprehensive Plan and to adopt the 2005 Oceanfront Resort Area Concept Plan as a component of the Comprehensive Plan. An Ordinance to amend the Comprehensive Plan by the incorporation of the Oceanfront Resort Area Design Guidelines. An Ordinance to amend Chapter 4 of the Comprehensive Plan pertaining to the Oceanfront Resort Area. All interested citizens are invited to attend. Ruth Hodges Smith, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning. For information call 427-4621. 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: TOO only at 427-4305. (TDD - Telephonic Device for the Deaf). The Planning Commission Agenda is available through the City's Internet Home Page at htto"//Www vb9ov com/olanninacommission Beacon Dec. 4 & 11, 2005 14311184 ( ^'4w" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Base Realignment and Closure Commission Compliance Plan Ordinance MEETING DATE: December 20, 2005 ■ Background: In August 2005, the Base Realignment and Closure (BRAG) Commission issued its decision concerning the potential realignment of NAS Oceana. That decision, which became law in November 2005, requires certain actions to be taken by the City by March 31, 2006 in order to be certified as in compliance with the BRAC Law. ■ Considerations: The proposed ordinance represents the City's response to the BRAC Commission's decision. After reciting the history of the matter, the ordinance states certain findings of the City Council and adopts eighteen (18) zoning ordinances and two property acquisition plans (for property in Accident Potential Zone 1 and the Interfacility Traffic Area, respectively), requests the City's General Assembly Delegation to sponsor and support necessary legislation, and directs certain action by the City Manager and City Attorney. The following ordinances are included: 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 1807, 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) [AICUZ Overlay Ordinance]; 2. An Ordinance to Amend the Comprehensive Plan by the Incorporation of the NAS Oceana — NALF Fentress Interfacility Traffic Area Map; 3. An Ordinance to Amend the Comprehensive Plan by Revising Chapters 1 (Introduction and General Strategy), 2 (Strategic Growth Areas), 3 (Primary Residential Area), 5 (Princess Anne/Transition Area), 9 (Natural Resources and Environmental Quality Plan), the Appendix of the Policy Document and the Princess Anne Corridor Plan by Incorporating Provisions Pertaining to Air Installation Compatible Use Zones (AICUZ), the Hampton Roads Joint Land Use Study and the Air Installations Compatible Use Zones (AICUZ) Overlay Ordinance [Comprehensive Plan amendments incorporating AICUZ considerations]; 4. An Ordinance to Amend the Official Zoning Map by the Designation and Incorporation of the NAS Oceana — NALF Fentress Interfacility Traffic Area; 5. An Ordinance to Amend and Reordain the Airport Noise Attenuation and Safety Ordinance (City Code Appendix 1), Pertaining to Sound Attenuation Requirements in Certain Buildings and Structures and Required Disclosures in Residential Real Estate Transactions 6. An Ordinance to Amend Sections 401, 501, 601, 801, 901, 1001 and 1110 of the City Zoning Ordinance by Prohibiting Uses Designated as Incompatible in the Portions of Agricultural, Residential, Apartment, Office, Business, Industrial and PD-H1 Zoning Districts Within Accident Potential Zone 1 (APZ-1) [APZ-1 Ordinance]; 7. An Ordinance Amending Article 15 of the City Zoning Ordinance, Pertaining to Use Regulations, Dimensional Requirements, Vehicular Parking Requirements, Density Restrictions and Design Incentives in the RT-1, RT-2 And RT-3 Resort Tourist Districts and the Laskin Road Gateway District [Resort Tourist District Amendments]; 8. An Ordinance Revising Density Restrictions in the RT-3 (LRG) Laskin Road Gateway Overlay District; 9. An Ordinance Establishing the Old Beach Overlay District; 10. An Ordinance to Amend the Official Zoning Map by the Addition of the Old Beach Overlay District; 11. An Ordinance Establishing Use Regulations, Dimensional Requirements, Design Incentives, and the Old Beach Design Review Committee for the Old Beach (OB) Overlay District; 12. An Ordinance Amending the City Zoning Ordinance Pertaining to the Definitions of the Terms "Ancillary Single -Family Dwelling Unit," "Yard," "Interior Yard" and "Mixed Use"; 13. An Ordinance Allowing Ancillary Single -Family Dwellings On The Same Lot as a Separate Single -Family Dwelling; 14. An Ordinance to Amend and Reordain the Site Plan Ordinance (Appendix C) to Require Site Plan Review of Ancillary Single -Family Dwelling Units and Separate Single -Family Dwelling Units on the Same Lot; 15. An Ordinance to Amend the Comprehensive Plan by Incorporating the Resort Area Design Guidelines; 16. An Ordinance to Amend the Comprehensive Plan by the Incorporation of the Old Beach Design Guidelines; 17. An Ordinance to Amend the Comprehensive Plan by Repealing the Oceanfront Resort Area Concept Plan (1994) and Incorporating the Oceanfront Resort Area Plan (November 2005); and 18. An Ordinance to Amend Chapter 4 of the Comprehensive Plan, Pertaining to the Oceanfront Resort Area Concept Plan. The following two plans are also included: 1. APZ-1 Use and Acquisition Plan, dated December 14, 2005; and 2. Interfacility Traffic Area Acquisition Plan, dated December 15, 2005. ■ Public Information: The City's BRAC response in general has been the subject of extensive public notice, and each of the proposed ordinances has been the subject of advertised public Planning Commission and City Council meetings. ■ Recommendations: Adoption of ordinance and BRAC response plan. ■ Attachments: (1) Ordinance; (2) eighteen zoning ordinances, including attachments; (3) two property acquisition plans Recommended Action: Adoption Submitting Department/Agency: City Manager. �L ` � 1 AN ORDINANCE ADOPTING THE CITY'S PLAN FOR 2 COMPLIANCE WITH THE BASE REALIGNMENT AND 3 CLOSURE COMMISSION'S DECISION REGARDING 4 NAVAL AIR STATION OCEANA AND RELATED 5 ORDINANCES; REQUESTING THE MEMBERS OF THE 6 CITY'S GENERAL ASSEMBLY DELEGATION TO 7 SPONSOR AND SUPPORT LEGISLATION NECESSARY 8 TO IMPLEMENT SUCH PLAN; AND AUTHORIZING 9 THE ACQUISITION OF INTERESTS IN CERTAIN 10 PROPERTY LOCATED IN ACCIDENT POTENTIAL 11 ZONE 1 AND THE INTERFACILITY TRAFFIC AREA 12 13 14 WHEREAS, in January, 2004, the City of Virginia Beach, 15 along with the cities of Norfolk and Chesapeake, joined with the 16 Navy and the Hampton Roads Planning District Commission in 17 participating in Joint Land Use Study (JLUS), the purpose of 18 which was to develop recommendations regarding land use policy 19 to reduce the impacts associated with military air operations; 20 and 21 WHEREAS, on May 10, 2005, the City Council adopted a 22 resolution accepting the Final Hampton Roads Joint Land Use 23 Study and directing the city staff to take appropriate measures 24 to implement the recommendations thereof; and 25 WHEREAS, the recommendations of the JLUS included, among 26 other things: 27 (1) The enactment of enhanced noise attenuation 28 standards and real property disclosure 29 requirements, both of which recommendations have 30 been fully implemented; 31 (2) The establishment of an Air Installations 32 Compatible Use Zone (AICUZ) Overlay District 33 based on the 1999 AICUZ map to protect public 34 health, safety & welfare and prevent encroachment 35 that would degrade military operations at Navy 36 airfields; 37 (3) The adoption of a program to purchase certain 38 properties located within the Interfacility 39 Traffic Area; and 40 (4) The amendment of the Comprehensive Plan to 41 reflect AICUZ-related concerns; 42 and 43 WHEREAS, in February 2005, the Navy and the City, though a 44 JLUS Subcommittee, jointly developed a Statement of 45 Understanding including, among others, acknowledgments that: 46 (1) The establishment of a first-class resort at the 47 oceanfront is a strategic priority for the City 48 of Virginia Beach and that, in order to 49 accomplish that goal, the City Council will 50 consider adoption of Comprehensive Plan and City 51 Zoning Ordinance amendments that contemplate a 52 reasonable increase in the number of existing 53 residential units in the oceanfront area to a 54 number sufficient to support quality year-round 00 55 retail development. This number is anticipated 56 to be less than the aggregate additional number 57 of units allowed by current oceanfront area 58 zoning; and 59 (2) The Navy is deeply concerned about the impact of 60 aircraft operations on the proposed development 61 of the Resort Area, and that the City will 62 address these concerns to the greatest extent 63 possible by inviting the Navy, as well as other 64 stakeholders, to participate in the process of 65 drafting the Oceanfront Resort Area Concept Plan. 66 The City recognizes that, in order to meet the 67 objectives of both the City and the Navy, the 68 applicable zoning regulations must be totally 69 restructured. Among the City's objectives is an 70 increase in the number of residential units 71 currently existing, but substantially less than 72 currently allowed; and 73 WHEREAS, the 2005 Oceanfront Resort Area Plan and the 74 ordinances implementing the Plan include provisions that are 75 consistent with the "Map Showing U.S. Navy Position Regarding 76 Airport Impact Planning Areas, January 2005" and are intended to 77 accomplish the goals set forth in the Statement of Understanding 78 while addressing the concerns expressed by the Navy; 3 79 and 80 WHEREAS, in August 2005, the Base Realignment and Closure 81 (BRAC) Commission added to the list of installations to be 82 closed or realigned the recommendation to realign 83 NAS Oceana by relocating the Atlantic Fleet's East Coast Master 84 Jet Base to Cecil Field in Jacksonville, Florida if, among other 85 things, the City of Virginia Beach fails to enact and enforce 86 legislation to prevent further encroachment of NAS Oceana by the 87 end of March 2006 by: 88 (1) Adopting zoning ordinances that require the 89 governing bodies to follow Air Installations 90 Compatibility Use Zone (AICUZ) guidelines in 91 deciding discretionary development applications 92 for property in Noise Level 70 dB Day Night 93 Average Noise Level (DNL) or greater; 94 (2) Establishing a program to condemn and purchase 95 all the "incompatible use property," as defined 96 in the December 2002 OPNAV Instruction 10010.36B, 97 located within Accident Potential Zone 1 (APZ-1) 98 and to expend at least $15 Million annually in 99 furtherance of such program; 100 (3) Evaluating undeveloped properties in Noise Zones 101 of 70 dB DNL or greater to determine their 102 suitability for rezoning to classifications not 4 103 allowing incompatible uses under AICUZ 104 guidelines; and 105 (4) Establishing a program for the purchase of 106 development rights to property in the 107 Interfacility Traffic Area between NAS Oceana and 108 NALF Fentress; ItIVINNIMON 110 WHEREAS, the BRAC Commission's Final And Approved 111 Recommendations concerning NAS Oceana have since become law (the 112 "BRAC Law"); and 113 WHEREAS, the BRAC Law contemplates that the Inspector 114 General of the Department of Defense (the "Inspector General") 115 will determine, by June 1, 2006 whether the City has complied 116 with the conditions of the BRAC Law; and 117 WHEREAS, in response to the BRAC Commission's decision, 118 the City Council, as well as the Planning Commission, have 119 provided numerous opportunities for interested parties to state 120 their views on potential City action to be taken in light of the 121 BRAC Commission's decision, through public hearings and other 122 public forums; and 123 WHEREAS, on October 11, 2005, the City Council established 124 the Virginia Beach Citizen BRAC Committee (BRAC Committee), 125 comprised of stakeholders and other interested persons, and 126 charged it with the duty to ensure consideration of all relevant 5 127 information and factors regarding the City's response to the 128 BRAC Law. The BRAC Committee held several public meetings for 129 the purpose of obtaining public comment on the City's response 130 to the BRAC Commission's decision. Each such public meetings 131 were well -publicized beforehand and well -attended by interested 132 persons; and 133 WHEREAS, the City Council commissioned a study of the costs 134 of complying with the conditions of the BRAC Law and the 135 potential economic effects of the realignment of NAS Oceana, and 136 the City Council has given mature consideration to the study in 137 determining the City's course of action; and 138 WHEREAS, the Virginia Beach Planning Commission has given 139 careful consideration to the zoning ordinances comprising a 140 portion of the proposed plan and has recommended approval of 141 such ordinances; and 142 WHEREAS, the City Council has given extensive consideration 143 to all potentially appropriate means of responding to the BRAC 144 Commission's decision; 145 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 146 OF VIRGINIA BEACH, VIRGINIA: 147 SECTION 1. Findings. 148 The City Council hereby finds that: A 149 1. Retaining NAS Oceana as the East Coast Master Jet Base 150 is vital to preserving the economic vitality of the City of 151 Virginia Beach; 152 2. The Navy's presence and the naval personnel stationed 153 at NAS Oceana, their spouses and children, as well as Navy 154 retirees who formerly served at NAS Oceana, are a source of 155 pride for the City and a part of the fabric of the City of 156 Virginia Beach; 157 3. The proposed plan for compliance with the conditions 158 of the BRAC Law ("BRAC Compliance Plan" or "Plan") conforms to 159 all such conditions, in that the Plan: 160 (a) Ensures that the City Council will, in a manner 161 consistent with the requirements of the 162 Constitutions of the United States and 163 Commonwealth of Virginia follow Air Installations 164 Compatibility Use Zone (AICUZ) guidelines in 165 deciding discretionary development applications 166 for property in Noise Level 70 dB Day Night 167 Average Noise Level (DNL) or greater; 168 (b) Establishes a program for the acquisition of 169 properties in the Interfacility Traffic Area 170 between NAS Oceana and NALF Fentress; 171 (c) Evaluates undeveloped properties in Noise Zones 172 of 70 dB DNL or greater to determine their 7 173 suitability for rezoning to classifications not 174 allowing incompatible uses under AICUZ 175 guidelines; and 176 (e) Prohibits future development, and rolls back 177 existing development, of `incompatible uses," as 178 that term is defined in the December 2002 OPNAV 179 Instruction 10010.36B, located within Accident 180 Potential Zone 1 (APZ-1); 181 4. The Plan also includes provisions contemplated by, 'and 182 consistent with, the Joint Land Use Study and the Statement of 183 Understanding pertaining to restrictions on development in the 184 Interfacility Traffic Area and the Oceanfront Resort Area; 185 5. The Plan represents careful balancing of the rights 186 and needs of the citizens and businesses of the City of Virginia 187 Beach with the need for consistency with the conditions of the 188 BRAC Law; and 189 6. Some of the conditions of the BRAC Law can be met by 190 utilizing land use tools, such as zoning ordinances, not 191 mentioned in or contemplated by the BRAC Law. 192 SECTION 2. ADOPTION OF ORDINANCES. 193 The following ordinances, true copies of which are hereto 194 attached and made a part hereof, are hereby adopted: 195 1. An Ordinance to Amend and Reordain the City Zoning 196 Ordinance (Appendix A) by Repealing Section 221.1, 197 Pertaining to Specific Standards for Conditional Uses n. 198 Within Certain Air Installations Compatible Use Zones 199 (AICUZ) and by Adding a New Article 18 Thereto, 200 Consisting of Sections 1800 through 1807, Establishing 201 the Policy of the City Council Pertaining to 202 Discretionary Development Applications and Sound 203 Attenuation Requirements in Buildings and Structures 204 in Certain Air Installations Compatible Use Zones 205 (AICUZ)[AICUZ Overlay Ordinance]; 206 207 2. An Ordinance to Amend the Comprehensive Plan by the 208 Incorporation of the NAS Oceana - NALF Fentress 209 Interfacility Traffic Area Map; 210 211 3. An Ordinance to Amend the Comprehensive Plan by 212 Revising Chapters 1 (Introduction and General 213 Strategy), 2 (Strategic Growth Areas), 3 (Primary 214 Residential Area), 5 (Princess Anne/Transition Area), 215 9 (Natural Resources and Environmental Quality Plan), 216 the Appendix of the Policy Document and the Princess 217 Anne Corridor Plan by Incorporating Provisions 218 Pertaining to Air Installation Compatible Use Zones 219 (AICUZ), the Hampton Roads Joint Land Use Study and 220 the Air Installations Compatible Use Zones (AICUZ) 221 Overlay Ordinance [Comprehensive Plan amendments 222 incorporating AICUZ considerations]; 223 224 4. An Ordinance to Amend the Official Zoning Map by the 225 Designation and Incorporation of the NAS Oceana - NALF 226 Fentress Interfacility Traffic Area; 227 228 5. An Ordinance to Amend and Reordain the Airport Noise 229 Attenuation and Safety Ordinance (City Code Appendix 230 I), Pertaining to Sound Attenuation Requirements in 231 Certain Buildings and Structures and Required 232 Disclosures in Residential Real Estate Transactions 233 234 6. An Ordinance to Amend Sections 401, 501, 601, 801, 235 901, 1001 and 1110 of the City Zoning Ordinance by 236 Prohibiting Uses Designated as Incompatible in the 237 Portions of Agricultural, Residential, Apartment, 238 Office, Business, Industrial and PD-H1 Zoning 239 Districts Within Accident Potential Zone 1 (APZ-1) 240 [APZ-1 Ordinance]; 241 242 7. An Ordinance Amending Article 15 of the City Zoning 243 Ordinance, Pertaining to Use Regulations, Dimensional 244 Requirements, Vehicular Parking Requirements, Density M 245 Restrictions and Design Incentives in the RT-1, RT-2 246 And RT-3 Resort Tourist Districts and the Laskin Road 247 Gateway District [Resort Tourist District amendments] 248 249 8. An Ordinance Revising Density Restrictions in the RT-3 250 (LRG) Laskin Road Gateway Overlay District; 251 252 9. An Ordinance Establishing the Old Beach Overlay 253 District; 254 255 10. An Ordinance to Amend the Official Zoning Map by the 256 Addition of the Old Beach Overlay District; 257 258 11. An Ordinance Establishing Use Regulations, Dimensional 259 Requirements, Design Incentives, and the Old Beach 260 Design Review Committee for the Old Beach (OB) Overlay 261 District; 262 263 12. An Ordinance Amending the City Zoning Ordinance 264 Pertaining to the Definitions of the Terms "Ancillary 265 Single -Family Dwelling Unit," "Yard," "Interior Yard" 266 and "Mixed Use"; 267 268 13. An Ordinance Allowing Ancillary Single -Family 269 Dwellings On The Same Lot as a Separate Single -Family 270 Dwelling; 271 272 14. An Ordinance to Amend and Reordain the Site Plan 273 Ordinance (Appendix C) to Require Site Plan Review of 274 Ancillary Single -Family Dwelling Units and Separate 275 Single -Family Dwelling Units on the Same Lot; 276 277 15. An Ordinance to Amend the Comprehensive Plan by 278 Incorporating the Resort Area Design Guidelines; 279 280 16. An Ordinance to Amend the Comprehensive Plan by the 281 Incorporation of the Old Beach Design Guidelines; 282 283 17. An Ordinance to Amend the Comprehensive Plan by 284 Repealing the Oceanfront Resort Area Concept Plan 285 (1994) and Incorporating the Oceanfront Resort Area 286 Plan (November 2005); and 287 288 18. An Ordinance to Amend Chapter 4 of the Comprehensive 289 Plan, Pertaining to the Oceanfront Resort Area Concept 290 Plan. 291 10 292 Section 3. Adoption of property acquisition plans. 293 The following property acquisition plans, true copies of 294 which are hereto attached and made a part hereof, are hereby 295 approved and adopted: 296 (a) APZ-1 Use and Acquisition Plan, dated December 14, 2005; 297 and 298 (b) Interfacility Traffic Area Property Acquisition Plan 299 dated December 15, 2005. 300 Section 4. Proposed legislation. 301 (a) The members of the City's General Assembly Delegation 302 are hereby respectfully requested to sponsor and support 303 legislation during the 2006 General Assembly session that will 304 authorize the City of Virginia Beach, under the limited 305 circumstances set forth in the APZ-1 Use and Acquisition Plan, 306 to acquire properties by the exercise of eminent domain or 307 otherwise effectuate the Plan; and 308 (b) The City Manager and City Attorney are hereby 309 authorized and directed to cooperate to the fullest extent with 310 the members of the City's General Assembly Delegation in 311 connection with the legislative process for the enactment of 312 such legislation. 313 Section 5. Amendments to plan. 314 The City Council recognizes that the execution of the BRAC 315 Compliance Plan involves complex and difficult issues, and that 316 not every potential circumstance could have been foreseen during 11 317 the formulation of the Plan. It is the expectation of the City 318 Council that amendments refining the Plan and addressing 319 unforeseen or newly -arisen circumstances will be brought forward 320 for its consideration, and to that end, the City Manager and 321 City Attorney are hereby authorized and directed to bring 322 forward, for the City Council's consideration, proposed 323 amendments to the Plan whenever the same are necessary or 324 appropriate to accomplish the purposes of the Plan. 325 Section 6. Execution. 326 The City Manager and City Attorney are hereby authorized 327 and directed to take all necessary or appropriate actions to 328 execute the provisions of the Plan. 329 Section 7. Property acquisition. 330 The City Manager is hereby authorized and directed, on 331 behalf of the City, to acquire property in Accident Potential 332 Zone 1 and in the Interfacility Traffic Area in accordance with 333 the APZ-1 Use and Acquisition Plan and Interfacility Traffic 334 Area Acquisition Plan, respectively, to the extent funds are 333 available, and to include funding sufficient to acquire such 336 properties in the proposed budgets for forthcoming years. 337 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF 338 VIRGINIA BEACH, VIRGINIA: 12 339 That the City Clerk is hereby directed to transmit a copy 340 of this ordinance to each member of the City's General Assembly 341 Delegation. 342 343 Adopted by the City Council of the City of Virginia Beach, 344 Virginia, this day of 345 2005. 346 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENC 347 348 349 City alager City Attorney 350 351 352 CA-9849 353 OID\Land Use\ordres\BRAC Plan ordin.doc 354 R-1 355 December 15, 2005 13 1 AN ORDINANCE TO AMEND AND REORDAIN THE CITY 2 ZONING ORDINANCE (APPENDIX A) BY REPEALING 3 SECTION 221.1, PERTAINING TO SPECIFIC 4 STANDARDS FOR CONDITIONAL USES WITHIN 5 CERTAIN AIR INSTALLATIONS COMPATIBLE USE 6 ZONES (AICUZ) AND BY ADDING A NEW ARTICLE 18 7 THERETO, CONSISTING OF SECTIONS 1800 THROUGH 8 1807, ESTABLISHING THE POLICY OF THE CITY 9 COUNCIL PERTAINING TO DISCRETIONARY 10 DEVELOPMENT APPLICATIONS AND SOUND 11 ATTENUATION REQUIREMENTS IN BUILDINGS AND 12 STRUCTURES IN CERTAIN AIR INSTALLATIONS 13 COMPATIBLE USE ZONES (AICUZ) 14 15 16 Section Repealed: City Zoning Ordinance 17 §221.1 18 19 Sections Added: City Zoning Ordinance §§ 20 1800, 1801, 1802, 1803, 1804, 1805, 1806 and 21 1807 22 23 24 Whereas, the public necessity, convenience, general welfare 25 and good zoning practice so require; 26 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 27 BEACH, VIRGINIA: 28 That the City Zoning Ordinance is hereby amended and 29 reordained by the repeal of Section 221.1, pertaining to 30 specific standards for conditional uses within certain Air 31 Installations Compatible Use Zones (AICUZ) and by the addition 32 of a new Article 18 thereto, pertaining to regulations 33 applicable to property in certain Air Installations Compatible 34 Use Zones (AICUZ), which shall read as follows: 35 36 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 37 TO ALL DISTRICTS 38 39 . . . . 40 41 C. CONDITIONAL USES AND STRUCTURES. 42 43 . . . . 44 45 Sec. 221.1. £p eei €1-e—standards fer e e r tai-eenditio ' 46 leeated within -irrpert and ----ai rt 47 aee}dent peterdal- tee [Repealed] . 48 49 (a) :T�egi s=a i�Tive intent. The intent e f- e it-eealae i t and the 50 purpese ef this seetien are te 51 preteet the publie--health, safety 52 neisef-L-effi flight eperat ens at nearby --airpei-s anel f„ i' i *T 53 54 ent petential zenes.- 56 (b) St-a:ra ±-de. IR additien to theme eeedural: ie���ene 57 58 59 greater than 75 EIBLQ1T, 79 75 dB 13elY 62 63 pEevas i e _ f this seetleii. 64 I-V 2 Aeeident- Petential Zone G (elear zene) An area emtending eut-teard rrefa the th=eshez-Q—ef aR eel-i,=e— runway — hieh pessess s a high G9 ilea-Y zene (all ..ewe--sen than 75 dB r di \ AID—!�greatei- than 75 dB Aiera€t aeerdent petenialzeneT Hl _. 1 PM tlI Y (-e-) Gemp t ib ie--with rlTr-eatmens a Beet €e --w.. ,� le— 49 r re efr�eeiliRg,/ e3fte;---Je ST--E—deei-s� wirdews 38 S NOT,Lsr to mi _'miry -(1)A-rei-a€t-aeeident paten-ial v fiele s zenes apply enly l 3 EBB, dB LEka 6 5 :7V dB TAR R assembly, TiAR mien, & binge hal-le rblld -ter-9 � 4a4- eare GhuEehes-aad Clubs, Y(e) Y(b) y (a) privatee3F the e Gel--1 enf a .a univeEsities i+F i�F i� i�F N Y(b) (a) renvaleseent bemes N w (�- DeL,fa t..r N N N is Y(b)) *4,a4- establishfaeRts sterage-ate disc.,.. ti.ut Family h-e;,es N N N N Y (b) eare Fraternity and �. h N N N N P3 £F Y (b) Y(a) � j ��^ *T *T *T *T N V / ^ \ N N N N iP N 11� * disabled er iced ii....p t -. l .. sanitariufRe N N N N TT�i e t e l s TT�i.�e,at i,T *T N �T Z�TP *T IMP i.T V �., TY (e V / y� b) ,�e ,l ,�s i neleet reereatie—a, faeilitiea iN N N 1T \ 3�- `ITP -Y `% Tyr `Y T `'� S Fraternal 1 e }les heme N N £3 N N Y(b) *4a4- 1parks Museums-,mart ., , J N N N N N Y(h) (a) $masteries —arid een:vents N N N N N N Y( Multiple family N N N N N N Nui- se s—hemes-& similar heesing N N 31 (b) *(a) 9utdeeE a . , F -...e-& ...h the -. ♦- 1T R i i SP if IP T SP **TT 'iP **TT LP TT� TT TSTT iP �) T vT T aeetien F •• ••x'CI'Glliti&-j N y- t a la T �•T�C1 e l e,afa �T N �T N *T N TT R `T T �) T [T T Private wheels N N N Y(b) Y4a4- Sato l l tee N N "rrcr * f t� ShelteE €er- €aE empleyeea N N Ttt.,ei..ea dwellings N N Zr� ;F (a)- T-reateve €erne N N Y(b) *(a) 70 72 of these tier shall et ,F€eet= any uses. 73 permitted any men by right eic any vest 74 rights ef any— even unel- r emisting law. rTeth n 75 in this seetien sizrrbe ccTsarued—te—cFfeet the 76 rL-evis-i-ens of any i-eeardedeasement -entered itate 77 between the --United States ef Ameriea, aeting lay 78 anel thi-eugh the Bela arta faefit ef 45, and any 79 ewner er eeeirilgant—ef prelerty lee,atzeel within ain 80 airera€t aterelent—fiete± ti-al zene 81 nease zene. 82 83 5 COMMENT 85 The provisions of this Section are superseded by those contained in new Article 18 86 which, among other things, establishes restrictions on conditional uses in Accident 87 Potential Zones (APZs) and Noise Zones 70-75 dB DNL and >75 dB DNL. 88 89 90 . . . . 91 92 A_RTICLE 18. Special Regulations in Air Installations 93 Compatible Use Zones (AICUZ) 94 95 Sec. 1800. Title. 96 This Article shall be known as the Air Installations 97 Compatible Use Zones (AICUZ) Overlay Ordinance of the City of 98 Virginia Beach. 100 Sec. 1801. Purpose and intent. 101 The purpose of this Article is to regulate, in a manner 102 consistent with the rights of individual property owners and the 103 requirements of military operations at Naval Air Station (NAS) 104 Oceana, development of uses and structures that are incompatible 105 with military operations; to sustain the economic health of the 106 City and Hampton Roads Region; to protect and preserve the 107 public health, safety and welfare from the adverse impacts 108 associated with high levels of noise from flight operations at 109 NAS Oceana and the potential for aircraft accidents associated 110 with proximity to airport operations; and to maintain the R 111 overall quality of life of those who live, work and recreate in 112 the City of Virginia Beach. 113 - COMMENT 114 The section sets forth the purpose and intent of the AICUZ Overlay Ordinance. 115 116 117 Sec. 1802. Findings. 118 The City Council hereby finds that: 119 (a) Naval Air Station (NAS) Oceana was first established 120 as an auxiliary airfield in 1943 and was designated as a major 121 Navy jet air base in the 1950s. It is now one of the largest 122 Navy air bases in the country and is the Master Jet Base for the 123 Navy's Atlantic Fleet. NAS Oceana is a vital component in the 124 architecture of the Defense Department's -joint service method of 125 operational planning and execution and in the newly -emerging 126 inter -agency approach to meeting homeland defense requirements; 127 (b) NAS Oceana is the single largest employer in the City 128 of Virginia Beach. In 2003, it had a gross annual payroll of 129 over $750 million and spent another $400 million for goods and 130 services. In that year, over 12,000 personnel, comprised of 131 nearly 9,800 military and over 2,500 civilian employees, were 132 employed there. Most of those employees live within the 133 community, infusing additional benefits into the local economy, 134 primarily through spending and spousal employment salaries. 7 135 When considering the personal impact of the military in the 136 community, the economic benefit exceeds $1 billion annually; 137 (c) There are more than 30,000 acres of land in areas 138 within the 70-75 dB DNL or >75 dB DNL Noise Zones. 139 Approximately 4,200 acres of this land is encumbered by 140 easements or restrictive covenants that limit the uses of the 141 land to those that are not incompatible with fliqht operations 142 arising out of NAS Oceana; 143 d) Since the installation's inception, development of a 144 type deemed incompatible under the Navy's AICUZ Program has 145 occurred, such that the Navy has voluntarily modified flight 146 arrival and departure procedures, thereby resultinq in flight 147 procedures and training that do not replicate actual aircraft 148 carrier operating procedures. 149 (e) In August 2005, the Base Realignment and Closure 150 (BRAC) Commission added to the list of installations to be 151 closed or realigned the recommendation to realign 152 NAS Oceana by relocating the Atlantic Fleet's East Coast Master 153 Jet Base to Cecil Field in Jacksonville, Florida if, among other 154 things, the cities of Virginia Beach and Chesapeake fail to 155 enact and enforce legislation to prevent further encroachment of 156 NAS Oceana by the end of March 2006 by adopting zoning 157 ordinances that require the governing bodies to follow Air 158 Installations Compatibility Use Zone (AICUZ) guidelines in 159 deciding discretionary development applications for property in 160 Noise Level 70 dB -Day Night Average Noise Level (DNL) or 161 greater; 162 (f) The closure or realignment of NAS Oceana would have 163 serious adverse economic consequences to the City and the 164 region; and 165 (g) In 2004 and 2005, the City of Virginia Beach, along 166 with the cities of Norfolk and Chesapeake, joined with the Navy 167 and the Hampton Roads Planning District Commission to craft a 168 regional Joint Land Use Study (JLUS). Among the recommendations 169 of the JLUS was that the City adopt an ordinance applicable in 170 all noise zones greater than 65 dB DNL to help prevent 171 encroachment at NAS Oceana. The JLUS was accepted by resolution 172 of the City Council in May of 2005 and the City Council directed 173 that appropriate ordinances implementing the recommendations of 174 the JLUS be brought forward for its consideration. 175 COMMENT 176 177 The section sets forth the findings of the City Council underlying the AICUZ Overlay 178 Ordinance. 179 180 181 Sec. 1803. Applicability. 182 (a) _Area of applicability. Except as provided in Section 183 1805, the provisions of this Article shall apply to 9 184 discretionary development applications for any property located 185 within an Accident Potential Zone (APZ) or Noise Zone 70-75 dB 186 DNL or >75 dB DNL, as shown on the official zoning map, that 187 have not been approved or denied by the City Council as of the 188 date of adoption of this Article. For purposes of this Article, 189 discretionary development applications shall include 190 applications for: 191 1. Rezonings, including conditional zonings; 192 2. Conditional use permits for new uses or 193 structures, or for alterations or enlargements of 194 existing conditional uses where the occupancy 195 load would increase; 196 3. Conversions or enlargements of nonconforming uses 197 or structures, except where the application 198 contemplates the construction of a new building 199 or structure or expansion of an existing use or 200 structure where the total occupancy load would 201 not increase; and 202 4. Street closures where the application 203 contemplates the construction of a new building 204 or structure or the expansion of a use or 205 structure where the total occupancy load is 206 increased. M 207 COMMENT 208 209 The section provides that the AICUZ Overlay Ordinance applies to discretionary 210 development applications (i.e., those requiring approval of the City Council) for property in 211 Accident Potential Zones (APZs) and in the 70-75 and >75 dB DNL Noise Zones. Applications for 212 conditional use permits and conversions or enlargements of nonconforming structures in which the 213 proposed use or structure would not result in an increase in occupancy load are exempted from the 214 provisions of the section, although they, as all other types of discretionary development application, 215 would remain subject to the City Council's legislative discretion to grant or deny them under 216 general principles of zoning law. 217 218 Sec. 1804. Discretionary development applications; City Council 219 policy. 220 221 (a) Except as provided in Section 1806, it shall be the 222 policy of the City Council that no application included within 223 the provisions of Section 1803 shall be approved unless the uses 224 and structures it contemplates are designated as compatible" 225 under Table 1 below and, if applicable, Table 2 unless the City 226 Council finds that no reasonable use designated as compatible 227 under the applicable Table or Tables can be made of the 228 property. In such cases, the City Council shall, subject to the 229 provisions of Section 1806(a), approve the proposed use of 230 property at the least density or intensity of development that 231 is reasonable. 232 (b) The following tables show the uses designated as 233 Compatible .(Y) and those designated as Not Compatible (N) in 234 each listed Noise Zone (Table 1) or Accident Potential Zone 235 (Table 2). The designation of any use as Compatible shall not 11 236 be construed to -allow such use in any zoning district in which 237 it is not 238 rmitted as either a principal or conditional use. 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 Residential and Related Single-family dwellings N N Semidetached dwellings N N Attached dwellings/townhouses N N Duplexes N N Multiple -family dwellings N N Dormitories and other grou2 quarters N N Mobile home parks N N Hotels and motels N N Other residential uses N N Manufacturing Food & kindredproducts; manufacturing Y y Textile mill products; manufacturing Y y Apparel and other finished products; products made from fabrics, leather and Y Y similar materials; manufacturing Lumber and wood products (except furniture); manufacturing Y y Furniture and fixtures; manufacturing Y y Paper and allied products; manufacturing Y y Printing, publishing, and allied industries Y y Chemicals and allied products; manufacturing Y y Petroleum refining and related industries Y y Rubber and misc. plastic products; Y y manufacturing Stone, clay and glass products; manufacturing Y y jPrimary metalproducts; manufacturing Y I y Fabricated metalproducts; manufacturing y I y 12 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 Manufacturing (cont'd) Professional scientific, and controlling Y Y instruments; photographic and optical goods; watches and clocks Miscellaneous manufacturing Y Y Transportation, communication and Utilities. Railroad, rapid rail transit, and street Y Y railway transportation Motor vehicle transportation Y Y Aircraft transportation Y Y Marine craft transportation Y Y Highway and street right-of-way Y Y Automobile parking 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 - general 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 Services Retail trade - furniture, home, furnishings and equipment Y Y Retail trade - eating and drinking establishments Y Y Other retail trade Y Y Finance, insurance and real estate services Y Y 13 TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Services (cont'd) Personal services y y Cemeteries y y Business services y y Warehousing and storage y y Repair Services y y Professional services y y Hospitals, other medical fac. y N Nursing Homes N N Contract construction services y y Government Services y y Educational services y N Miscellaneous y y Cultural, entertainment and recreational Cultural activities (& churches) y N Nature exhibits N N Public assembly halls N_ N Auditoriums, concert halls y N Outdoor music shells, am hitheaters N N Outdoor sports arenas, spectator sports Y N Other outdoor recreational facilities Y y Indoor recreational facilities y y Campgrounds y N Parks y N Other cultural, entertainment and y N recreation Resource Production and Extraction Agriculture (except live stock) y y Livestock farming y N Animal breedinq y N Agriculture related activities y y Forestry Activities y y Fishing Activities y y Mining Activities y y Other resource production or extraction Y y 239 240 14 TABLE 2-AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES LAND USE NAME CLEAR ZONE APZ-I APZ-II Residential Single-family N N Y dwellings Semidetached dwellings N N N Attached N_ N_ N_ dwellings/townhouses Multiple -family N_ N_ N_ dwellings Dormitories and other N_ N N group quarters Hotels and motels N N N Mobile home parks N N N Other residential N N N Manufacturing Food & kindred N N Y products; manufacturing Textile mill N N_ Y products; manufacturing Apparel and other N_ N N finished products; products made from fabrics, leather and similar materials; manufacturing Lumber and wood N_ Y Y products (except furniture); manufacturing Furniture and N_ Y Y fixtures; manufacturing Paper and allied N Y Y products; manufacturing Printing, " N_ Y Y publishing, and allied industries 15 TABLE 2-AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES LAND USE NAME CLEAR ZONE APZ-I APZ-II Manufacturing (cont'd) Chemicals and allied N N N products; manufacturing Petroleum refining N N N and related industries Rubber and misc. N N N plastic products; manufacturing Stone, clay and N N_ y glass products; manufacturing Primary metal N N y products; manufacturing Fabricated metal N N y products; manufacturing Professional N N N scientific, & controlling instrument; photographic and optical goods; watches & clocks Miscellaneous N y y manufacturing Transportation, communication and utilities Railroad, rapid rail N y y transit, and street railway transportation Motor vehicle N y y transportation Aircraft - N y y transportation Marine craft N y y transportation TABLE 2-AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES LAND USE NAME CLEAR ZONE APZ-I APZ-II Transportation, communication and utilities (cont'd) Auto parking N Y Y Communication N Y Y Utilities N Y Y Solid waste disposal N N N (Landfills, incineration, etc.) Other transport, comm. and utilities N Y Y Trade Wholesale trade N Y Y Retail trade - building materials, N_ Y Y hardware and farm equipment Retail trade - general merchandise N_ N_ Y Retail trade - food N N Y Retail trade - automotive, marine craft, aircraft and N_ Y Y accessories Retail trade - apparel and accessories N_ N Y Retail trade - furniture, home, furnishings and equipment N N Y Retail trade - eating and drinking N_ N N establishments Other retail trade N N Y Services Finance, insurance and real estate services N N_ Y 17 TABLE 2-AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES LAND USE NAME CLEAR ZONE APZ-I APZ-II Trade (cont-d) Personal services N N y Cemeteries N y y Business services (credit reporting; mail, stenographic, reproduction; advertising) N N y Warehousing and storage services N y y Repair Services N y y Professional services N N y Hospitals, nursing N N N homes Other medical facilities N N N Contract construction services N y y Government Services N N y Educational services N N N Miscellaneous N N y Cultural, entertainment and recreational Cultural activities N N N Nature exhibits N y y Public assembly N N N Auditoriums, concert halls N N N Outdoor music shells, N_ N N amphitheaters Outdoor sports arenas, N_ N N spectator sports Indoor recreational facilities N y y Campgrounds N N N Parks N y y 18 TABLE 2-AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES LAND USE NAME CLEAR ZONE APZ-I APZ-II Cultural, entertainment and recreational (cont'd) Other cultural, entertainment and recreation N Y Y Agriculture (except Y Y Y live stock Resource production and extraction Livestock farming and N Y Y breeding Agriculture related N Y Y activities Forestry Activities 11 N Y Y Fishing Activities 12 N Y Y Mining Activities N Y Y Other resource production or extraction N_ Y Other Undeveloped Land Water Areas Y N Y N Y N 19 241 COMMENT 242 243 The section sets forth the policy of the City Council that, unless a parcel of property has no 244 reasonable use that is designated as compatible under Table 1 and, if applicable, Table 2, the City 245 Council shall not approve any discretionary development application for that parcel of property 246 that the AICUZ Overlay Ordinance applies to discretionary development applications (i.e., those 247 requiring approval of the City Council) for property in Accident Potential Zones (APZs) and in the 248 70-75 and >75 dB DNL Noise Zones. 249 250 Lines 229-232 make it clear that in cases in which a use proposed by an application is NOT 251 Compatible, but is the only reasonable use, the City Council shall approve the proposed use at the 252 least density or intensity that is reasonable. As an example, if an application contemplates the 253 development of 100 single-family dwellings (which are designated as Not Compatible in 70-75 and 254 >75 dB DNL Noise Zones), the City Council may approve the application with fewer dwelling units 255 density even if there is no reasonable use of the property other than single-family dwellings if it finds 256 that a lesser number of dwelling units would constitute a reasonable use of the property. It is also 257 important to note that, as stated in Section 1806(a), the City Council may exercise its zoning powers 258 to the fullest extent, such that it may deny an application for any valid reason, even if that reason 259 does not involve AICUZ-related considerations. 260 261 The section also contains the tables that designate whether or not a use is Compatible (Y) or 262 Not Compatible (1) in APZs and Noise Zones 70-75 dB DNL and >75 dB DNL. 263 264 Sec. 1805. Sound attenuation. 265 Sound attenuation measures shall be incorporated in any use 266 or structure located in Noise Zones 65-70 dB DNL, 70-75 dB DNL 267 or >75 dB DNL in accordance with the requirements of the 268 Virginia Uniform Statewide Building Code. 269 COMMENT 270 The section provides that sound attenuation measures are required to be incorporated in 271 uses and structures in Noise Zones 65-70, 70-75 and >75 dB DNL, if required by the Virginia 272 Uniform Statewide Building Code. The Code, which was recently amended to incorporate 273 legislation enacted by the 2005 General Assembly, requires sound attenuation in Assembly, 274 Business, Educational, Institutional and Mercantile Use Groups, as defined in the International 275 Building Code. Sound attenuation in residential structures is already required under the Code. 276 277 278 20 279 Sec. 1806. Allowable residential density in Interfacility 280 Traffic Area 281 282 (a) Subject to the provisions of Section 405 (Alternative 283 Residential Development in Agricultural Districts), single- 284 family residential development in Agricultural Districts shall 285 be permitted as a conditional use at the following density in 286 that portion of the Princess Anne/Transition Area designated as 287 "Interfacility Traffic Area" on the official zoning map. 288 Noise Zone Maximum Permitted Density (Single- 289 Family Dwellings) 290 291 70-75 dB DNL: One (1) per five (5) acres of 292 developable land 293 294 >75 dB DNL: One (1) per fifteen (15) acres of 295 developable land 296 297 (b) Where a tract of land is located within more than one Noise 298 Zone, lots shall be situated, to the extent practicable, on the 299 portion of the tract within the lowest Noise Zone. In such cases, the 300 portion of the tract within the lowest Noise Zone may contain the 301 entire number of dwellings allowable on the acreage of the entire 302 tract. 303 COMMENT 304 The section limits the maximum allowed density in the Interfacility Traffic Area portion of 305 the Princess Anne/Transition Area to one dwelling unit per 5 acres of developable land in the 70-75 306 dB DNL Noise Zone and to one dwelling unit per 15 acres in the >75 dB DNL Noise Zone. Those 307 maximum densities are subject to the provisions of Section 405 (Alternative Residential 308 Development in Agricultural Districts). 309 310 311 312 313 314 21 315 316 Sec. 1807. (a) Reservation ofpowers; Nothing in this Article severability. shall be construed to require 317 the City Council to approve any application -solely because it 318 meets the requirements of this Article, it being the intention 319 of this Article that the City Council shall be entitled to 320 exercise its authority in such applications to the fullest 321 extent allowed by law. 322 (b) The provisions of this section shall be severable, it 323 being the intention of the City Council that in the event one or 324 more of the provisions of this section shall be adjudged to be 325 invalid or unenforceable, the remaining provisions of this 326 section shall be unaffected by such adjudication. 327 COMMENT 328 The section provides that (1) the City Council shall retain, to the fullest extent, its other 329 powers over discretionary development applications, such that it may deny any application for 330 reasons not related to AICUZ considerations; and (2) the provisions of the section shall be deemed 331 severable, such that if one or more of its provisions are held to be invalid or unenforceable by a 332 court, the remaining provisions are to remain unaffected. While such language is not binding upon 333 a court, it raises a legal presumption that the invalid provision may be stricken, leaving the others 334 intact. 335 336 Adopted by the City Council of the City of Virginia Beach, 337 Virginia on the day of , 2005. 338 APPROVED AS TO CONTENT: tz- t" os Planning epartment 22 APPROVED AS TO LEGAL SUF IC NCY: City Attorney's Office CA-9596 OID\ordres\AICUZ Overlay Ordinance.doc R-13 December 14, 2005 23 1 AN ORDINANCE TO AMEND THE 2 COMPREHENSIVE PLAN BY THE 3 INCORPORATION OF THE NAS OCEANA - 4 NALF FENTRESS INTERFACILITY TRAFFIC 5 AREA MAP 6 7 8 WHEREAS, the public necessity, convenience, general welfare 9 and good zoning practice so require; 10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA: 12 That the Comprehensive Plan of the City of Virginia Beach be, 13 and hereby is, amended to incorporate that certain map entitled 14 "CITY OF VIRGINIA BEACH - INTERFACILITY TRAFFIC AREA," dated August 15 2005, which map has been displayed before the City Council this 16 date and is on file in the Department of Planning. 17 COMNMNT 18 The ordinance amends the Comprehensive Plan to incorporate the map of the NAS Oceana — 19 NALF Fentress Interfacility Traffic Area. 20 21 Adopted by the Council of the City of Virginia Beach on this 22 day of , 2005. 23 24 CA-9739 25 OID\ordres\Comp Plan ITA Map ordin.doc 26 R-1 27 August 18, 2005 28 29 30 Approved as to Content: Approved as to Legal Suffici ncy: 31 ' 3233 34 Planning Department City Attorney's Office 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN 2 BY REVISING CHAPTERS 1 (INTRODUCTION AND 3 GENERAL STRATEGY), 2 (STRATEGIC GROWTH 4 AREAS), 3 (PRIMARY RESIDENTIAL AREA), 5 5 (PRINCESS ANNE/TRANSITION AREA), 9 (NATURAL 6 RESOURCES AND ENVIRONMENTAL QUALITY PLAN), 7 THE APPENDIX OF THE POLICY DOCUMENT AND THE 8 PRINCESS ANNE CORRIDOR PLAN BY INCORPORATING 9 PROVISIONS PERTAINING TO AIR INSTALLATION 10 COMPATIBLE USE ZONES (AICUZ), THE HAMPTON 11 ROADS JOINT LAND USE STUDY AND THE AIR 12 INSTALLATIONS COMPATIBLE USE ZONES (AICUZ) 13 OVERLAY ORDINANCE 14 15 WHEREAS, the public necessity, convenience, general 16 welfare and good zoning practice so require; 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 1& CITY OF VIRGINIA BEACH, VIRGINIA: 19 That the Comprehensive Plan of the City of Virginia 20 Beach be, and hereby is, amended and reordained by the addition 21 of the underlined portions, and the deletion of the stricken 22 portions, of the excerpts from the Comprehensive Plan shown on 23 that certain document entitled "EXHIBIT A - RECOMMENDED 24 AMENDMENTS TO THE COMPREHENSIVE PLAN POLICY DOCUMENT'S CHAPTERS 25 1, 2, 3, 5, 9 & APPENDIX AND PRINCESS ANNE CORRIDOR STUDY," 26 dated September 9, 2005, such document being attached hereto and 27 made a part hereof. 28 29 Adopted by the Council of the City of Virginia Beach, 30 Virginia, on the day of 2005. CA-9740 OID/ordres/AICUZ Comp Plan Text ord.doc R-2 September 28, 2005 APPROVED AS TO CONTENT Planning Department APPROVED AS TO LEGAL SUFFICIENCY: j (/J11, � /V� N1 1, M J- I City Attorney s O fice 2 Exhibit A Recommended Amendments to Comprehensive Plan Policy Document's Chapters 1, 2, 3, 5, 9 & Appendix and Princess Anne Corridor Study September 9, 2005 Strikeout language indicates deletion and underline language indicates addition. Amend the following parts of the 2003 Comprehensive Plan to read: Chapter 1 Introduction and General Strategy Military presence Page 12 of the Comprehensive Plan Policy Report A strong military presence in the community We want Virginia Beach to continue to be the proud host and home to the military. We support the military and recognize the important contributions they make to our community. We will work to further galvanize the strong partnership that has been a hallmark of our relationship over the past four decades. The military presence in this region is a major positive force that stabilizes our economy, provides numerous government and private sector jobs, results in extensive government expenditures in the private sector, and provides an important element in the identity for the region. The military also helps by contributing to a reliable and well -trained local labor pool that is an effective lure to desirable industry. A consistent and reliable AICUZ Program provides necessary protection to potential development in the community from jet noise and accident potential, and is an important factor in enabling the military to remain here in force and contribute to our local economy. Future military aircraft basing decisions may bring louder and more numerous aircraft accentuating the importance of giving due consideration to this program during all land use decision making. Retention and growth of the military presence in this region will be directly reflected in the economic vitality of Virginia Beach. In 2004, the cities of Virginia Beach, Chesapeake and Norfolk joined with the Navy and the Hampton Roads Planning District Commission to craft a regional Joint Land Use Study. This study, adopted as part of the Comprehensive Planwas approved in May of 2005 by the regional JLUS Policy Committee and all participating cities It addresses issues related to land use compatibility and clarifies the strategic and operational objectives of the participating jurisdictions and the Navy. It also embodies a series of recommendations regarding_ policies, regulations and programs designed to balance local government's land use planning responsibilities and the military's operational readiness objectives. Chapter 2 Strategic Growth Areas SGA 6 North London Bridge Area Page 75 of the Comprehensive Plan Policy Report While AICUZ provisions impose some restrictions in the eastern portion of this Strategic Growth Area, some properties along Potters Road, Dean Drive and Barrett Street are located outside the more intensive AICUZ zone. These parcels, including those located in the vicinity of the Lynnhaven Parkway/I-264 interchange and along Virginia Beach Boulevard, are suitable for a higher intensity of mixed uses including offices, institutions and hetels wi+h limited additional retail: compatible with the Joint Land Use Study. Strategic Growth Area #6 North London Bridge Area rr q -is ��r a r . ;- 2 SGA 7 Hilltop/North Oceana Area Page 77 of the Comprehensive Plan Policy Report It is recommended that future growth in the Hilltop Area be accomplished, in part, by containing retail and commercial activities within the presently defined area. Because of the influence of AICUZ high noise in this area, non-residential uses are recommended for this area including office, retail; and institutional betel. Strategic Growth Area #7 Hilltop/North Oceana Area K' SGA 11 West Holland Area Page 85 of the Comprehensive Plan Policy Report The Princess Anne Corridor Plan, adopted by reference as part of this Comprehensive Plan, recommends a ~~ix ..f _,,sideetial and an intensity range of institutional educational or commercial uses as part of an incentive based development for the approximately 63 acre tract of land located on the eastern corner of Dam Neck and Princess Anne Roads. Exeept-as feeeffhmended in the n -inee `' Plan, it No residential or hotel uses is are planned for this Strategic Growth Area. The corridor plan promotes parcel consolidation and provides design guidelines to achieve a conditional development of high quality that is consistent with planning and design performance criteria created for this Sub -Area deftsipf-ef six dwelling units per- aer-e and 100,000 squaFe feet ef . Access to land uses in this Sub -Area is provided by an interior fead traffic and pedestrian circulation system that is safe and efficient is paFt of ., lafge.. leep eneir-eling +he D.,.,., N k efid Pr-ineess Anne Roads into .seetio ,. Equally, fin order to ensure safe and efficient transportation movement i-a to this area, no more than one direct access to this site to Dam ,. eek and from Princess Anne Roads should be provided. Further, direct access from Dam Neck Road should be limited to the minimum number necessary to achieve the objectives cited above is not Beaded. Strategic Growth Area #11 West Holland Area LYNWA34 ' �,� � �. •pro , 11 Chapter 3 Primary Residential Area Site 4 South General Booth Boulevard Corridor Pages 103-104 of the Comprehensive Plan Policy Report General Booth Boulevard is the primary road arterial serving the easternmost part of the Courthouse/Sandbridge Planning Area, north of the Green Line. Three distinctly different land use nodes exist along this arterial roadway: the Dam Neck Node; the Corporate Landing Area Node; and the Nimmo Church Node. Along this corridor and especially within these nodes t,,e..e should be development proposals must be consistent with the AICUZ Overlay Ordinance provisions that and should not contributes to strip residential e.F commercial development, sprawl, or any disorderly arrangement of uses. Of particular importance is the need for future development in this corridor area to achieve a minimum reasonable density or intensity in order to protect and enhance the character of existing neighborhoods development beyead what is alfeady appr-aved er- r-eeenamended by this plan for- designate sites. In addifien, residential develepment at densities ne efeater- than 12 dwelline units ee ...,b. ......... ..... L.......................... �...... ..� �......v...v �.... .v �va.0 iavvuYaur b eise�ones. Such residential development should include affordable housing units. Boulevard Gefr-idar- area and ne substantial iner-ease in additienal eenwnefeial retail There is suffieient existing and Zened eemfnefeial retail pfepei4y in the South Genef-al 90et is =eeenffnendeaFElher�The 42-acre tract of land in Corporate Landing Business Park currently zoned B-2 should be changed to a more appropriate zoning classification to achieve the land use and economic goals of this business park. Multi family uses beyead these already de. `1.� ed or- zone far- sh ulrl enl be end a n the setith ( 1 Bee rl, _ a..j .. ...t.�u .s av a. .0 v.u�� v� �aauva� Boulevard ,-.ide if they are 1.. .,te.a in areas designated in this ..hapte.. f..... eh use and a eansistent with the eeff4der-'s design standa In addition, a Traffic Impact Study must be conducted for proposed developments affecting any of these specified areas. 5 South General Booth Boulvard Corridor Site 4 DAM NECK ,. / C \ V lY r ✓ I / A(1MMa. K % \ \ M. Site 4.1 Pagc 105 of the Comprehensive Plan Policy Report A mix of retail and neighborhood serving office uses are suitable for the area along the General Booth Boulevard Corridor. Development proposals are expected to adhere to the General Booth Boulevard corridor site and building design standards cited in this Comprehensive Plan. Specific attention should be given to ensuring adequate buffering of these uses from the adjacent residential neighborhood and to utilizing the existing road stub from this neighborhood as a method of providing access from the neighborhood to the development, as described in the design standards. In addition, educational, institutional, neighborhood service uses (i.e. day care centers, medical buildings), low intensity commercial uses and associated open space areas are suitable for the area located south of Kmart Plaza, nei4m of Edison Read.The area south of EdisenRead, north of Gunn Hall Road and west of Upton Estates single family deraehe.1,neighbor-head s uses andmolt f.,.,�, ly residential Use at densities ., greater- .,leng, the eastern h.,,,«,.aary of this t . All proposals must be consistent with principles set forth in the site and building design standards for this corridor. Proposals that improve upon these standards should be given the highest consideration. It is preferred that the strip parcel of undeveloped land located between Eastborne and Gunn Hall Drives should be consolidated with other parcels to the west to form a well planned development. In this case, much of this strip of land should serve as open space. In the event this str4 , of land is Planningdeveleped apai4 fr-em any ether- pFepei4ies, then it sheuld aeeeffhnefte single family Developments that, in the b an guidelines may be eensidefed fer- slightly higher- densities. Particular attention should be given to the transitioning of uses and integration of design into projects proposed for this area. Such integration should be carefully designed and include extensive buffering of proposed uses from surrounding residential areas. In addition, every effort should be made during the site design of projects to coordinate site access between projects on both sides of Gunn Hall Drive as far from General Booth Boulevard as possible. Development of the area south of Gunn Hall should provide for an internal circulation route that encourages the majority of automobile traffic to access Culver Lane. While discouraged, any access onto General Booth Boulevard should be limited to a right -turn in / right -turn out with no median break. Ideally, no development should occur on these parcels until all of the parcels have been consolidated into one or two large parcels. 7 Gunn Hall /Edison rhea Site 4.1 General Planning Guidelines for North General Booth Boulevard Corridor Page 116 of the Comprehensive Plan Policy Report These general planning guidelines should be incorporated, where appropriate, into developments proposed within the North General Booth Boulevard corridor: All site and building design elements and other physical improvements, such as landscaping, orientation and signs, lighting and other treatments should be illustrated using renderings proffered through conditional zoning. Where practical, stormwater management facilities should be designed for new and redeveloped uses on a larger, more regional scale than simply site -by -site. This approach promotes development flexibility and opportunities for multiple benefits, such as passive recreation and wildlife enhancement. In addition, wetland benches and forebays for trapping sediment entering ponds and lakes need to be designed into existing and proposed facilities. A well -planned network of sidewalks and bikepaths needs to be implemented to promote safe and attractive pedestrian mobility. In particular, the linkage between the bike path from the Virginia Marine Science Museum to Rudee Walk and the Oceanfront Resort Area needs to be improved in the vicinity of the Rudee Inlet Bridge. Pedestrian areas for viewing the inlet, ocean and marinas need to be incorporated into these improvements. Any development or redevelopment should adhere to the provisions of the AICUZ Overlay Ordinance and be of a scale and architectural design so as to complement the physical characteristics of the adjoining rem areas. Views and vistas of the area's waterways should be protected and enhanced to the greatest extent practicable. Future transportation projects should incorporate removal of overhead power lines into project costs to improve aesthetics in the area and reduce potential for power outages from storm event 9 ,•'North General Booth Boulevard Corridor Site 8 -a 10 Chapter 5 Princess Anne/Transition Area Page 142 of the Comprehensive Plan Policy Report Included in the vision for the Transition Area is the concept of a rural heritage center. This center would incorporate an equestrian component, livestock exhibits, farming demonstrations and other activities relating to agriculture. The City Council approved the Hampton Roads Joint Land Use Study on May 10, 2005. This document includes a Memorandum of Understanding between the City of Vir inia Beach and U.S. Navy that, in part, provides guidelines for comprehensive plan adjustments to certain tracts of land in the western portion of the Princess Anne/Transition Area identified by the Navy as the `Interfacility Traffic Area'. The ITA is subject to a high volume of military jet traffic between NAS Oceana and ALF Fentress and the city recognizes the importance of incorporating appropriate planning policies for this area, consistent with the approved JLUS provisions, as follows: • Within the ITA, noise zone 75+ DNL — retain the agricultural zoning of one residential lot per 15 acres of developble land. • Within the ITA, noise zone 70 to 75+ DNL — density of residential development should not exceed one lot per five acres of developable land, depending upon the degree to which each development proposal meets the City's defined criteria. • Within the ITA, noise zones less than 70 DNL, density of residential development should not exceed one lot per acre of developable land, depending, upon the degree to which each development proposal meets the City's defined criteria. 11 CITY OF VIRGINIA BEACH - INTERFACILITY TRAFFIC AREA wi ai \ / Au IX05 'Wy O j _ op 65 DR It 5 J � - •�� � /� ®fie �, .:��` � 70 DB �i�,/ ..��iSr ;� ,_ l r/ /% •\ `�r': .,'.a<^'�"-,i�;t1�,�Y J � y >, 75 DB 70 DB l 85 DR '`/ 1r�Nuen �+.saHnem Nutlry `•\ � �����I I \ `,--� Pw,—i Dy tw City •1 V omm B••0N PlAnnllg Dw nm•M NOTE DISCLAMER. THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING PURPOSES ONLY. ALL WARRANTIES, UCC AND OTHERWISE, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES AS TO ACCURACY OF THE DATA SHOWN HERON AND MERCHANTABILITY AND THE FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED AND ALL INCIDENTAL CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CCNNECTK)N WITH THE USE OR PERFORMANCE OF THE DATA SHOWN ON THIS MAP ARE EXPRESSLY DISCLAIMEOMY DETERMINATION OF TOPOGRAPHY OR CONTOURS, OR ANY DEPICTION OF IS IMPROVEMENTS. PROPERTY LINES OR BOUNDARIES IS FOR GENERAL INFORMATION ONLY AND SHALL NOT BE USED FOR THE DESIGN, MODIFICATION, OR CONSTRUCTION OF IMPROVMENTS TO REAL PROPERTY OR FOR FLOOD PLAIN DETERMINATION. Development potential in the Transition Area is kept purposefully low. residential develepment is ealeulated at one dwelling unit of less per- developable aer-e depe ding open the degree r t, h t, development * meets the Cit defined a r npfepesal ^r~�— This density minimizes the level of impact on existing public infrastructure; avoids the need for higher level and more expensive urban improvements, conforms to the recommendations of the Hampton Roads Joint Land Use Study; and, in keeping with the intent of the Green Line, ensures that citizens in other parts of the city will not be subsidizing capital improvements to support higher density, more urban type development in this area. 12 Page 148 of the Comprehensive Plan Policy Report Carefully plan high quality neighborhoods and consider creating varying lots sizes. Except as recommended in the Interfacility Traffic Area's noise zones at or above 70 DNL, the maximum calculated residential density in the Transition Area is one dwelling unit per developable acre. T-his Mmaximum allowable densityies should be earned based upon quality of design and the level of conformance with all relevant design guidelines affecting this area. Such active adult communities that employ a complete range of services that reduce the need for vehicle trips and city services as well as follow the Transition Area Guidelines may be considered for dwelling densities slightly above one dwelfing, the maximum recommended by this plan. Page 152 of the Comprehensive Plan Policy Report Public infrastructure to support the recommended maximum density should be contained within the defined Transition Area boundary. No urban level infrastructure should be extended into the Rural Service Area located south of Indian River Road. Public facilities, such as roads, public water and sewer, among others, that are programmed and built within the Transition Area should be sized and located in a manner compatible with the land use policies established for this area. 13 Chapter 9 Natural Resources and Environmental Quality Plan Noise impact policy Page 230 of the Comprehensive Plan Policy Report Goal E-6 Minimize noise impacts and air pollution from both mobile and stationary sources to the greatest extent practicable, and continue to qualify as an Ozone attainment area. The City of Virginia Beach is affected by noise created by surface transportation, aircraft and stationary sources. The need to minimize these impacts will be balanced against other required planning objectives as cited in state law. This point is especially true as it applies to the city's Air Installations Compatible Use Zone (AICUZ) program and the recommendations cited in the 2005 Hampton Roads Joint Land Use Study. In addition, Hampton Roads is located at the eastern edge of an airshed that covers much of the Ohio valley and the mid -Atlantic region. Accordingly, the Hampton Roads region's physical location has contributed to its relatively low air quality problems as compared to other metropolitan areas of its size. Projected increases in traffic congestion and a much higher rate of growth in motor vehicle registrations as compared to population growth account for the majority of projected air quality declines in the region in coming years. At the local level, there are a number of actions that can be initiated as pilot projects to demonstrate a focused approach at helping to reduce air quality declines. Collectively, these actions can help mitigate against projected increases only slightly; however, they can begin to encourage shifts in behaviors and activities that could significantly help improve the region's air quality in the future, especially when connected with new technologies being developed in transportation. Additional information concerning air quality can be found in the Transportation Chapter of the Comprehensive Plan. Add new policy E-6-8 to read: Adhere to AICUZ and other policy and programmatic recommendations cited in the 2005 Hampton Roads Joint Land Use Study as approved by City Council 14 Appendix of Policy Document Page A-3 of the Comprehensive Plan Policy Report Agenda for Future Action Delete - following AIGUZ Delineation 'ufpese.TE) make appfepfiate adjustments to the- implementatien teels Page F-1 of the Comprehensive Plan Policy Report Documents Adopted by Reference Add the following language: • Hampton Roads Joint Land Use Study, 2005 Page G-1 of the Comprehensive Plan Policy Report Maps Adopted by Reference Add the following language to the list: • Interfacility Traffic Area map 15 Strikeout language indicates deletion and underline language indicates addition. Amend the following parts of the 2000 Princess Anne Corridor Plan to read: Page 7 of the Princess Anne Corridor Plan Goals and Objectives of the Planning Effort A. Goals In response to the need for a comprehensive examination of the Corridor, a community participation process was developed and endorsed to address a variety of issues. The neighborhood of the lower Princess Anne Corridor has changed rapidly and significantly over the last five to ten years, and more change is in view. The TPC golf course, continuing residential development, and other transportation improvements are part of the sequence of change. In order to properly address concerns about the quality and character, as well as the purpose and need for change in the Princess Anne Corridor itself, a comprehensive planning and design approach is mandatory. The principal goal of this study is to review current and likely future changes in the immediate area, and to create a design and a planning framework for the corridor which effectively addresses concerns of the residential and business community, and those who use Princess Anne Road on a frequent basis. Out of meetings, workshops, and community input, the following goals were developed as a beginning point, a point from which to orient the design and planning outcome: 1. To develop a design character for the Princess Anne Corridor that is unique, identifiable, and enjoyable. 2. To develop a roadway facility that is a prototype for similar facilities and that ensures functionality and design integrity consistent with the adopted Master Transportation Plan and supports corridor land use planning objectives. 3. To promote a controlled access roadway and minimize traffic disruption. 4. To protect and promote stable surrounding neighborhoods and enhance property values. 5. To include pedestrian and open spaces linking complementary public and private land uses. 6. To enhance community investment through the creation of a high -quality physical environment— a program of public improvements that complements and prompts appropriate private investment. 7. To advance compatible economic development objectives within the Princess Anne Corridor. 8. To create the basis for a comprehensive plan amendment that is clear and supportable. B. Objectives While goals serve as the point of orientation for decision -making, objectives serve the purpose of defining the actual, more definitive achievements that must be made. A number of design objectives were formulated and approved, as part of the community participation process, as a road map of how to direct the Corridor improvements. These objectives are: Provide compatible and incentive -based land use policies for developable tracts of land along this corridor. 2. Provide useful and cost-effective corridor design guidelines that will result in: a. Protected stable neighborhoods; b. New site designs and buildings that complement the Municipal Center to the south and the Higher Education Center/ Amphitheater to the north - exhibiting a blend of exceptional beauty and function; c. Inviting roadways that are attractively landscaped and distinctively designed; d. Corridor improvements that respect and, where possible, showcase natural environment, views and open space elements. Recognition of the Hampton Roads Joint Land Use Study Nearlyfe years after adoption of the Princess Anne Corridor Study, the Virginia Beach City Council approved the Hampton Roads Joint Land Use Study,a policy document that places far greater emphasis on the role aircraft noise zones and accident potential zones play in the land use planning and development process. The Joint Land Use Study has particular relevance with regard to Princess Anne Corridor's Sub -Area 1. For the most part, this Sub - Area is affected by noise zone levels greater than 70 dB DNL and the eastern portion of this site is located within an Accident Potential Zone. One of the key provisions of the Joint Land Use Study is a restriction regarding the placement of additional residential units in areas affected by noise zones greater than 70 dB DNL. The land use policy cited in the Princess Anne Corridor Study that was adopted in July of 2000 recommended residential use for most of Sub -Area 1. Consequently, certain revisions have been made to the land use recommendations affecting this Sub -Area in order to alignpolicies of this corridor study with the policies of the Joint Land Use Study. Further, the following goal is added as part of this document: a. Provide reasonable development opportunities within the Princess Anne Corridor consistent with the provisions outlined in the approved Hampton Roads Joint Land Use Study. 17 Page 9 of the Princess Anne Corridor Plan Existing Conditions 2. Constraints Among the constraints associated with the existing corridor, residential neighborhoods close to the road are concerned about noise and about the impacts of proposed nonresidential uses. Certain adjacent land uses, planned roadways and environmental factors impact future development tracts and will require special mitigation methods. An example includes the level of jet noise and accident potential zones (APZ's) associated with the Navy's Air Installation Compatible Use Zone (AICUZ) due to the proximity to Oceana Naval Air Station. One area of particular concern is within Sub -Area 1 (see description on page 12). In addition to the AICUZ impacts, high tension Virginia Power transmission lines traverse the property. Similar power line and utility rights -of - way are located within other developable areas of the Corridor and will require innovative site planning and design methods to accomplish the quality physical environment we seek to achieve through this study. Wetlands and archaeological/historic sites are present within the Princess Anne Corridor and must be respected and/or mitigated if development plans encroach on these areas. These areas are delineated in the description of the specific areas and Sub -Areas on pages 12 through 14 and deser-ibed and shown an page 166. Page 12 of the Princess Anne Corridor Plan d. Sub -Area 1 This Sub -Area contains thirteen separate privately owned properties comprising approximately 63 acres that consist mostly of vacant land with a few private residences and small commercial establishments. Given its proximity to both Princess Anne Road and Dam Neck Road, this Sub - Area faces high development pressure. Alm Ddevelopment of the eastern portion of the site is restricted by the Oceana NAS Accident Potential Zone (APZ). This and the remaining area are located in the 70-75 DNL noise zone. b h Eleality Fnixed use develepment. This develOpFfient would seFve both the need-s The Hampton Roads Joint Land Use Study, approved by City Council on May 10 2005 recommends against planning additional residential uses in noise zones 70+ DNL Hence residential development is not recommended f6f this area. Non-residential uses including retail service office, educational and institutional are appropriate for this tract Industrial uses and hotels are not recommended for any portion of this site Special attention should be given to ensure that the adjacent Landstown Meadows neighborhood is protected from intrusive or adverse land use impacts through the use of increased setbacks attractive sound barriers effective landscape treatments and other methods. IN General Location Map Princess Anne Corridor - Sub -Area 1 19 Pages 24 and 25 of the Princess Anne Corridor Plan Land Use Recommendations A. General Recommendations These general recommendations apply to all Sub -Areas: 1. General Criteria for Sub -Area Development: To advance the corridor objectives of creating well -planned developments, protecting existing neighborhood areas and preventing the addition of any unplanned accesses along the arterial parkways, the following land use planning strategy should be applied to the Sub - Areas within the Princess Anne Corridor as described in this document. It is the desire of the City that all proposed developments within this corridor adhere to the general Goals and Objectives cited on page 7 and the Development Criteria noted on page 23. In addition, Area -Specific Recommendations are presented on pages 24-32. It is the policy of the city to strongly discourage development of individual parcels or isolated tracts of land within the Sub- Areas of this corridor. Such methods of development result in an unplanned, inefficient, unattractive and fragmented pattern of growth and contribute to increased traffic congestion. Therefore, in those cases where applicants submit development proposals for such unwanted development, especially those that propose direct access to the arterial parkways, they will be judged against the criteria and objectives of this corridor plan and the comprehensive plan in general. 2. Air Installation Compatible Use Zone (AICUZ) and Accident Potential Zone (APZ): New development or redevelopment should not include any housing, retail er office hotel or other uses that may be deemed by the city to be incompatible within applicable noise zones or the APZ's. Equivalent density that other -wise weuld be allewed in the APZ area may be applied 3. Site/Building/Landscape Design: Significant well -programmed and landscaped public (and private, if applicable) open space. Well� nr ^ t'b � a�acu o efie f * x a t l ems: 4. Reverse Frontage: Those properties fronting on Princess Anne Road and Dam Neck Road (includes Sub -Area 1, Sub -Area 2, Sub -Area 3 and properties adjacent to the TPC Golf Course) should be provided sole access from a street connecting the rear of these properties - otherwise known as "reverse frontage" access (see pages 40-42). '007 B. Area -specific Recommendations The following land use recommendations apply to Sub -Areas 1, 2, 3, and 4: 1. Sub -Area 1 i. Residential use t 3 dwelling units per- aer-e (average density). IMORTNTRIM } Residential use t 6 d ,ellin , n is per- µere (aver -age .aeasity) iii- The development potential of Sub -Area 1 above that allowed under current zoning, will be based upon-Aadherence to the following "ineent-ive"—planning_and design Performance Ceriteria: iii.a. Incorporate as a significant part of the development D "main street" rows of specialty shops with wide, attractively landscaped sidewalks or clusters of "pedestrian scale" commercial retail shops, services, and effectively landscaped parking areas. These "main street" rows should provide the maior focus of the development. rather than the typical suburban sheppiag, single, large commercial structure served by a large and relatively unbroken parking lot flanked by auto dependent, single use outparcels. Unsightly rooftop structures, loading areas and trash receptacles should be completely screened from public view using design techniques that complement the quality of the proposed development. iii.b. Pay special attention to the design of roadway entrances and edges of development, especially as they relate to commercial signage and landscaping. Carefully designed undulating berms of reasonable depth should be built along the edges of Princess Anne and Dam Neck Roads. Interior streets, parking areas and other traffic circulation features should be designed using attractive, diverse landscaping, quality street and pedestrian light fixtures and other street furniture that evokes a welcoming commercial and ..esi e„t; l environment. This subarea should not include an expansive `sea of parking' Instead proposed plans for this site should incomeorate the site design concept of `chambered parking lots'. These lots, divided into an organized series of well-Dlanned and carefully landscaped parking areas, provide safe, convenient and attractive movement for both motorists and pedestrians. Sueh desi good visual n s to businesses i., this area. 21 Carefully design the sidewalk and trail system so that it provides safe, attractive and convenient access within this Sub -Area and provides good connections to the larger trail system serving the Princess Anne Corridor and Princess Anne Commons. iii.d. Ne-Ceommercial uses should be jeeated .,,t;.,eent to separated from the Landstown Meadows and Landstown Lakes neighborhoods. Ines Such area should include tQ'ii;hrar AA"Qll landseaped t family a r t, a r below n ..--. .......-.,-...j.....� ......+v v. ,�a abr rurrrx - dwelling u-per=acme a significant buffer area utilizing attractive fencing or berms and appropriate landscape material that provide an effective screen between the neighborhoods and Sub -Area 1. ii.e. Vehicular and pedestrian Readwa-y access within fe f pr-e .oseuses Sub -Area 1 to Pfineess Anne and Dam Neek Reads will ultimate! should be provided by afl safe, efficient and attractive-,4fee4ined; €euf lane divided r ^ p Read, the , alignmen of -•'hie' atea this plan. internal circulationsystem. " twe lane 1r"rJ r eeastpaeted within a fight ef way wide eneugh to aeeemfnedate an ultimate feuf !a divided fae4ity may be built as paFt of a phased development plan, pfevided it fneets Allaben Drive and Nettle Street in Landstown Meadows will not be extended or connected to roadways within Sub -Area 1. iii.f. Integrate an attractive, well -landscaped and parklike system of fegie" stormwater management facilityies to serve this Sub -Area. iii.g. Provide at least 20% of this Sub -Area with attractively landscaped open space areas that may include public plazas trails and other areas designed for public use and enjoyment. Delete the maps presented on pages 26 and 27 of the Princess Anne Corridor Plan, as shown below and delete the references of these maps on page 54. Renumber the list of figures on page 54 and the pages of the Princess Anne Corridor Study, accordingly: 22 Page 26 of the Princess Anne Corridor Plan Figure 14 of Subarea 1 to be deleted Rr mis br* Road tress Not TOM single _.... famtll � lrnil wdtry We -.." :_ Dam Nttk had �_... _.._ .._ - k4dem Fortunj w lone (APT) limps IQD' min. Buffer karth Example of Undesirable Fieremeal Development Using Baseline tlption. Not: drawing rw w scale, Sub -Area I 23 Page 27 of the Princess Anne Corridor Plan Figure 15 of Subarea 1 to be deleted Printes3 Anne — Road Controlled Otte (emewry ) Entrance lrronia Power Huffer ar.! Vlitserfxrry lane farmer's ., C Dam fleck And IMots r-gnnt of Dan W bad r ?rirtm Anu dead art Lmp 'cad a; he woolltd at:n -- Accident potertial lone {ATI.) limits u tli pose Trail Open ipaceRuk wa Power Esmt 100' min. Buffer - to include exist. Trees stands tonne= to Exist, fork Ae of one of several 4 �corncepts for it -based developtttertt. Drawing not to scale. Sub -Area I 24 1 AN ORDINANCE TO AMEND THE OFFICIAL 2 ZONING MAP BY THE DESIGATION AND 3 INCORPORATION OF THE NAS OCEANA - 4 NALF FENTRESS INTERFACILITY TRAFFIC 5 AREA 6 7 WHEREAS, the public necessity, convenience, general welfare 8 and good zoning practice so require; 9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA: 11 12 13 14 15 16 17 18 19 20 21 That the official zoning map of the City of Virginia Beach be, and hereby is, amended to incorporate and designate the NAS Oceana - NALF Fentress Interfacility Traffic Area, as shown on a series of sheets marked and identified as such, and which have been displayed before the City Council this date and are on file in the Department of Planning. COMMENT The ordinance amends the zoning map to incorporate and designate the NAS Oceana - NALF Fentress Interfacility Traffic Area. Adopted by the Council of the City of Virginia Beach on this 22 day of 23 24 25 26 27 28 29 30 31 32 33 34 CA-9737 OID\ordres\ITA Map ordin.doc R-1 August 17, 2005 Approved as to Content: Pl nnin Departme t 2005. Approved as to Legal Sufficiency: 1 City Attorney's Office 1 AN ORDINANCE TO AMEND AND REORDAIN THE 2 AIRPORT NOISE ATTENUATION AND SAFETY 3 ORDINANCE (CITY CODE APPENDIX I), PERTAINING 4 TO SOUND ATTENUATION REQUIREMENTS IN CERTAIN 5 BUILDINGS AND STRUCTURES AND REQUIRED 6 DISCLOSURES IN RESIDENTIAL REAL ESTATE 7 TRANSACTIONS 8 9 Sections Amended: Sections 2, 3, 4, 5, 6, 7, 8 and 10. 10 Sections Repealed: Sections 9 and 14 11 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 That the Airport Noise Attenuation and Safety Ordinance of 16 the City of Virginia Beach (City Code Appendix I) is hereby 17 amended and reordained, to read as follows: 19 APPENDIX I. AIRPORT NOISE ATTENUATION AND SAFETY 20 ORDINANCE 21 22 Sec. 1. Title. 23 This ordinance shall be known as the Airport Noise 24 Attenuation and Safety Ordinance of the City of Virginia Beach. 25 Sec. 2. Purpose and intent. 26 (a) The intent of city council and the purpose of this 27 ordinance are to: 28 (1) Protect the public health, safety and welfare 29 from the adverse impacts associated with excessive 30 noise from flight operations at NAS Oceana/ALF 31 Fentress and the potential for aircraft accidents 32 associated with proximity to airport operations; and 33 (2) Ensure that the construction of residential use 34 group buildings or portions thereof, located within 35 those areas of Virginia Beach likely to be affected by 36 aircraft noise associated with flight operations at 37 NAS Oceana/NALF Fentress provide for appropriate sound 38 reduction to minimize the impact of such noise on 39 occupants; and 40 (3E., ) s that t errs as�lessees eE l r --s e-f l..! 41 prere-rty within air-pew—rn lse Zen.s and alreraft 42 a-e ems-den-t p e t enti- z enes are aware —e f the a sse eiated 43 n^elevels"--icnd t h e h a z:-aTd s—iah d: eh fflay--e n d a n g ein :�Tre 44 lives and pi=eperty of the —eeeulaante--ef sued picepeEty. 45 The aeeustieal perfeieffiune=- standarels set feEth 4:n this 46 er-nee—dezal with --nelse at a .,,.a}ien in -eenstEuetlen. T- -& 47 diselessdre—L-egairrefaents sczt fer—th in this—eL-ellna ee deal with 48 diselesiare t e— p e t en t i a 1 p},F ewers -,reenters er lessees _ of : -he 49 existenee—eiassee-iateel air-e viz nelse andthefew 5.0 air-er-a- t aeelder}cs---ass eiiated with—pr8M±FR±tY t:e airpeEt 51 eperatiens. 52 (b) The designation of any parcel of land as lying in an 53 airport noise zone or in an aircraft accident potential zone, or 54 both, shall be in addition to, and not in lieu of, the zoning 2 55 district classification of such parcel, such that any parcel of 56 land situated within an airport noise zone or in an aircraft 57 accident potential zone, or both, shall also lie in one or more 58 of the zoning districts established pursuant to section 102 of 59 the city zoning ordinance [Appendix A] and shall be subject to 60 all applicable provisions of this ordinance and the city zoning 61 ordinance. AM 63 64 65 66 67 68 69 COMMENT The amendments delete the reference to disclosure requirements in residential property transactions, as legislation adopted during the 2005 General Assembly made such requirements a matter of state law and provided aggrieved persons with effective legal remedies for violation of the statute. Lines 3541 are deleted as unnecessary. Sec. 3. Definitions. 70 The following words and terms used in this ordinance shall 71 have the following meanings unless the context clearly indicates 72 otherwise: 73 Day -night average sound level (LeLq) (DNL) . A twenty-four- 74 hour energy average sound level expressed in dBA, with a ten- 75 decibel penalty applied to noise occurring between 10:00 p.m. 76 and 7:00 a.m. 77 Permits and inspections division or division of permits and 78 inspections. The division of permits and inspections of the 79 department of planning. 80 Building official. The building code administrator of the 81 permits and inspections division. 3 82 Re identluoe Use group b_ . All bui!Eiings and stEuetuEes 83 The classification of buildings and structures as to the use and 84 occupancy thereof as set forth in Chapter 3 of the International 85 Building Code e-iassified--in the —Vir-glnla �;n€e Statewide 86 BallyinGede ers-use gr-eicip-R ( r e s i d e t;,, 87 Sound transmission class (STC) rating. A single number 88 rating characterizing the sound reduction performance of a 89 material tested in accordance with ASTM E 90-90, "Laboratory M 92 93 94 95 96 a 98 99 100 101 102 103 104 105 106 Measurement of Airborne Sound Transmission Loss of Building Partitions." COMMENT The amendment replaces the reference to the Virginia Uniform Statewide Building Code with one to the International Building Code, in which is the actual use group classifications are defined. Sec. 4. Airport noise zones and boundaries. (a) The boundaries of the airport noise zones shall be as shown on the zoning map as adopted and amended by city council.. (b) For purposes of administering and enforcing the provisions of this ordinance, there shall be four (4) airport noise zones and three (3) aircraft accident potential zones: Airport noise zones shall be as follows: (1) Noise Zone less than 65 dB -T=� DNL ; (2) Noise Zone 65-70 dB IrEhDr DNL; (3) Noise Zone 70-75 dB lxdn DNL; 4 107 (4) Noise Zone greater than 75 dB 3rd-R DNL; 108 Aircraft accident potential zones shall be as follows: 109 (1) CZ - Clear Zone (an area extending outward from 110 the threshold of an active runway which possesses a ill high potential for accidents); 112 (2) APZ-I - Aircraft Accident Potential Zone I (an 113 area extending outward from a clear zone which posses 114 a significant potential for accidents); and 115 (3) APZ-II - Aircraft Accident Potential Zone II (an 116 area extending outward from either a clear zone or 117 aircraft accident potential zone I which possesses a 118 measurable potential for an accident. 119 The purpose of the establishment of four (4) airport noise 120 zones and three (3) aircraft accident potential zones is to 121 distinguish between the severity of the level of noise impacts 122 so that appropriate acoustical performance standards can be 123 employed to mitigate the adverse impacts of aircraft noise and 124 to facilitate accurate identification of such zones. Each of the 125 four (4) airport noise zones and three (3) aircraft accident 126 potential zones shall be designated on the zoning map as adopted 127 and amended by city council. 128 COMMENT 129 The amendments update the abbreviation for day -night average sound level. 130 131 Sec. 5. Acoustical performance standards. 132 (a) Except as otherwise provided, any ree d...nt 133 Residential use group building or structure or portion thereof 134 constructed or placed within an airport noise zone after January 135 1, 1995, and any Assembly, Business, Educational, Institutional 136 or Mercantile Use Group building or structure or portion thereof 137 constructed after November 17, 2005 shall be constructed to 138 provide acoustical treatment measures in accordance with the 139 Virginia Uniform Statewide Building Code, Vel ems. 140 COMMENT 141 The amendment adds the Assembly, Business, Educational, Institutional and Mercantile 142 Use Groups to the types of buildings that require sound attenuation. The effective date of the 143 Uniform Statewide Building Code requirements is November 17, 2005. The added use groups were 144 the subject of legislation enacted by the 2005 General Assembly at the request of the City. 145 146 147 Sec. 6. Nonconforming buildings and structures. 148 (a) Any residential use group building which lawfully 149 existed on the effective date of this ordinance and which is not 150 in conformity with any one or more of the provisions of this 151 ordinance, and any residential use group building which lawfully 152 existed on the date of adoption of any amendment to this 153 ordinance and which is not in conformity with such amendment, 154 shall be deemed nonconforming. 155 (b) Any extension, enlargement, relocation, reconstruction 156 or substantial alteration of a nonconforming residential use 157 group building shall be subject to the acoustical performance C 158 standards as set forth in section 5 of this ordinance unless 159 otherwise modified by the building official pursuant to see:}ien 160 103.2 applicable provisions of the Virginia Uniform Statewide 161 Building Code. 162 COMMENT 163 164 The amendment updates the reference to the Uniform Statewide Building Code and renders 165 further amendments to a specific section of the USBC unnecessary. 166 167 168 Sec. 7. Exemptions. 169 The acoustical performance standards specified in section 5 170 and t la e-alselosur-e—requir-eme i s set€e r-th in s e etie n 9 of this 171 ordinance shall not apply to the construction of r-esidertluse 172 greidp buildings or structures in any Noise Zone less than 65 dB 173 lreln DNL erb-laildings er strretaEes elssified In tlae yi: iu 174 mn€erfa S t a t ew-A:ele—B-id:i I d g r e ti use greidp B (business, 175 effiees) , E—(ediaeetd:ena ) , F (faete 176 T ( i n _, * • } t ' eel) , rn(Ffter-eantiTe) , S ( s ter-ag e , eh e s ) , and T, 177 (idtils ) . 178 COMMENT 179 The amendment provides that the sound attenuation requirements of the ordinance do not 180 apply in Noise Zones of less than 65 dB DNL. 181 182 183 Sec. 8. Appeals. 184 (a) Any determination or decision made by the building 185 official or any administrative officer in the administration or 186 enforcement of this ordinance may be appealed in writing to the 7 187 local board of building code appeals within thirty (30) days 188 from the date of such determination or decision. The appeal 189 shall be filed in the office of the building official. In the 190 event such an appeal is filed, the local board of building code 191 appeals shall schedule at least one (1) public hearing on the 192 matter and render its decision in writing to the appellant 193 within fourteen (14) working days from the date of the public 194 hearing. 195 (b) Any party aggrieved by any decision of the local board 196 of building code appeals, who was a party to the appeal, may 197 appeal to the state building code technical review board. 198 Application for review shall be made to the state building code 199 technical review board within twenty-one (21) calendar days of 200 receipt of the decision of the local board of building code 201 appeals by the aggrieved party. 202 (c) Decisions of the state building code technical review 203 board shall be final if no appeal is made. An appeal from the 204 decision of the state building code technical review board may 205 be filed in the circuit court of the City of Virginia Beach. in 206 accordance with -t� applicable provisions of the Administrative 207 Process Act,-rtiele 4, Seetlen---9 6. 14 ; 15--ef GhGrpte-r 1= 1. 1 e£ 209 COMMENT 210 211 The amendment deletes unnecessary language from the section. E 212 213 See . 9 . Diselesure . [Reserved] 214 ( a) E f f eeti=e--N e emb r ,, 1998, 215 pr-epert-�t fer- sale, rental er lease within any ne±se Fene er- 216 aEeldent pelcential zone —shall preyide wEitton Eilseremure—to--aTr 217 218 219 220 221 222 . e crvuiiu 224 Infer tier eiEplaining the—effeet of the designatren of men 225 226 - 227 COMMENT 228 The section is deleted in light of the enactment of legislation by the 2005 General Assembly 229 that required noise disclosures in virtually all residential real estate sales and leases and provided 230 private remedies for its enforcement. Those remedies are considerably more effective, and more 231 appropriate, than the remedy set forth in this section. 232 233 234 Sec. 10. Violations. 235 (a) A violation of any of the provisions of this ordinance 236 shall be a misdemeanor punishable as set forth in the Virginia 237 Uniform Statewide Building Code, Volume I; , 238 E 239 4-- Riseleffteane r-pi s h ab l e—b y a fine in an ameidnt net 4� e e m e eea 240 t-we-hiindi=eei and fifty dell,rs ($250.99) . 241 (b) In addition to, and not in lieu of, the penalties 242 prescribed in subsection (a) hereof, the city may apply to the 243 circuit court of the City of Virginia Beach for an injunction 244 against the continuing violation of any of the provisions of 245 this ordinance and may seek any other remedy authorized by law. 246 (c) Upon notice from the permits and inspections division 247 that any construction or other activity is being conducted in 248 violation of the provisions of this ordinance, such construction 249 or other activity shall be immediately stopped. An order to stop 250 work shall be in writing and shall state the nature of the 251 violation and the conditions under which the construction or 252 other activity may be resumed. No such order shall be effective 253 until it shall have been tendered to the owner of the property 254 upon which the construction or other activity is conducted or 255 his agent or to any person conducting such construction or other 256 activity. Any person who shall continue an activity ordered to 257 be stopped, shall be guilty of a violation of this ordinance. 258 259 Sec. 11. Severability. 260 The provisions of this ordinance shall be deemed to be 261 severable, and if any of the provisions hereof are adjudged to 262 be invalid or unenforceable, the remaining portion of this 10 263 ordinance shall remain in full force and effect and their 264 validity shall remain unimpaired. 265 266 Sec. 12. Vested rights. 267 The provisions of this ordinance shall not affect the 268 vested rights of any person under existing law. 269 270 Sec. 13. Administration and enforcement. 271 This ordinance shall be administered and enforced by the 272 building official and any inspector assigned to the permits and 273 inspections division, who shall exercise all authority of police 274 officers in the performance of their duties. Such authority 275 shall include, without limitation, the authority to issue 276 summonses directing the appearance before a court of competent 277 jurisdiction of any person alleged to have violated any of the 278 provisions of this ordinance. 279 See. 14. BEE-eet ,,at 280 281 January, -1995- 282 COMMENT 283 The section is repealed, as there is no longer a reason to set forth the effective date 284 of the ordinance. 285 286 287 Adopted by the Council of the City of Virginia Beach, 288 Virginia, on the _ day of , 2005. 11 APPROVED AS TO CONTENT: Pla ping Department, u APPROVED AS TO LEGAL SUFFICIENCY: V✓� ��/� < City Attorney's Office 12 1. AN ORDINANCE TO AMEND SECTIONS 401, 501, 601, 2 801, 901, 1001 AND 1110 OF THE CITY ZONING 3 ORDINANCE BY PROHIBITING USES DESIGNATED AS 4 INCOMPATIBLE IN THE PORTIONS OF AGRICULTURAL, 5 RESIDENTIAL, APARTMENT, OFFICE, BUSINESS, 6 INDUSTRIAL AND PD-H1 ZONING DISTRICTS WITHIN 7 ACCIDENT POTENTIAL ZONE 1 (APZ-1) 8 9 Sections Amended: CZO §§ 401, 501, 601, 801, 10 901, 1001 and 1110 11 12 WHEREAS, the public necessity, convenience, general welfare 13 and good zoning practice so require; 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 15 OF VIRGINIA BEACH: 16 That Sections 401, 501, 601, 801, 901, 1001 and 1110 of the 17 City Zoning Ordinance are hereby amended and reordained, to read as 18 follows: 19 Sec. 401. Use regulations [Agricultural Districts] 20 21 . . . . 22 23 (d) Special restrictions in Accident Potential Zone 1 (APZ- 24 1). No use or structure shall be permitted on any property located 25 within Accident Potential Zone 1 (APZ-1) unless such use is 26 designated as Compatible in APZ-1 in Table 2 ("Air Installations 27 Compatible Use Zones Land Use Compatibility in Accident Potential 28 Zones") of Section 1804; provided, however, that any use or 29 structure not designated as Compatible shall be permitted as a 30 replacement of the same use or structure if the replacement use or 31 structure is of equal or lesser density or intensity than the 1 32 original use or structure. 33 COMMENT 34 The amendment prohibits new uses and structures in portions of Agricultural Districts within 35 Accident Potential Zone 1 (APZ-1) that are incompatible under Table 2 ("Air Installations 36 Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of Section 1804. 37 The provision allows replacement uses and structures so long as they are of lesser or equal density or 38 intensity as the original use or structure. The specific Agricultural Districts located within APZ-1 39 include both the AG-1 and AG-2 Agricultural Districts. 40 41 42 Sec. 501. Use regulations [Residential Districts]. 43 44 . . . . 45 46 47 (c) Special restrictions in Accident Potential Zone 1 (APZ- 48 1). No use or structure shall be permitted on any property located 49 within Accident Potential Zone 1 (APZ-1) unless such use is 50 designated as Compatible in APZ-1 in Table 2 ("Air Installations 51 Compatible Use Zones Land Use Compatibility in Accident Potential 52 Zones") of Section 1804;_ provided, however, that anv use or 53 structure not designated as Compatible shall be permitted as a 54 replacement of the same use or structure if the replacement use or 55 structure is of equal or lesser density or intensity than the 56 original use or structure. 57 COMMENT 58 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air 59 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of 60 Section 1804 in portions of Residential Districts within Accident Potential Zone 1 (APZ-1). The 61 provision allows replacement uses and structures so long as they are of lesser or equal density or 62 intensity as the original use or structure. The specific Residential Districts located within APZ-1 63 include the R-15 Residential, R-10 Residential, R-7.5 Residential, R-5D Residential Duplex and R-5S 64 Residential Single -Family Districts. 65 66 . . . . V, 67 Sec. 601. Use regulations [Apartment Districts]. 68 . . . . 69 (c) Special restrictions in Accident Potential Zone 1 (APZ- 70 1). No use or structure shall be permitted on any property located 71 within Accident Potential Zone 1 (APZ-1) unless such use is 72 designated as Compatible in APZ-1 in Table 2 ("Air Installations 73 Compatible Use Zones Land Use Compatibility in Accident Potential 74 Zones") of Section 1804; provided, however, that any use or 75 structure not designated as Compatible shall be permitted as a 76 replacement of the same use or structure if the replacement use or 77 structure is of equal or lesser density or intensity than the 78 original use or structure. 79 COMMENT so The amendment prohibits new uses and structures structures that are incompatible under Table 81 2 ("Air Installations Compatible Use Zones Land Use Compatibility in Accident Potential 82 Zones") of Section 1804 in portions of Apartment Districts within Accident Potential Zone 1(APZ-1). 83 The provision allows replacement uses and structures so long as they are of lesser or equal density or 84 intensity as the original use or structure. The specific Apartment Districts located within APZ-1 85 include the A-12, A-18 and A-36 Apartment Districts. 86 87 . . . . 88 Sec. 801. Use regulations [Office Districts]. 89 . . . . 90 (c) Special restrictions in Accident Potential Zone 1 (APZ-1). No 91 use or structure shall be permitted on any property located within 92 Accident Potential Zone 1 (APZ-1) unless such use is designated as 93 Compatible in APZ-1 in Table 2 ("Air Installations Compatible Use 3 94 Zones Land Use Compatibility in Accident Potential Zones") of 95 Section 1804; provided, however, that any use or structure not 96 designated as Compatible shall be permitted as a replacement of the 97 same use or structure if the replacement use or structure is of 98 equal or lesser density or intensity than the original use or 99 structure. 100 COMMENT 101 102 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air 103 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of 104 Section 1804 in portions of Office Districts within Accident Potential Zone 1(APZ-1). The provision 105 allows replacement uses and structures so long as they are of lesser or equal density or intensity as the 106 original use or structure. The only Office District located within APZ-1 is the 0-2 Office District. 107 108 109 Sec. 901. Use Regulations [Business Districts]. 110 ill 112 (a) Principal and conditional uses. The following chart lists 113 those uses permitted within the B-1 through B 4 B-4C Business 114 Districts. Those uses and structures in the respective business 115 districts shall be permitted as either principal uses indicated by 116 a "P" or as conditional uses indicated by a "C." Uses and 117 structures indicated by an "X" shall be prohibited in the 118 respective districts. No uses or structures other than as specified 119 shall be permitted. 120 . . . . 121 (c) Special restrictions in Accident Potential Zone 1 (APZ-1) No 122 use or structure shall be permitted on any property located within 123 Accident Potential Zone 1 (APZ-1) unless such use is designated as 4 124 Compatible in APZ-1 in Table 2 ("Air Installations Compatible Use 125 Zones Land Use Compatibility in Accident Potential Zones") of 126 Section 1804; provided, however, that any use or structure not 127 designated as Compatible shall be permitted as a replacement of the 128 same use or structure if the replacement use or structure is of 129 equal or lesser density or intensity than the original use or 130 structure. 131 COMMENT 132 133 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air 134 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of 13 5 Section 1804 in portions of Business Districts within Accident Potential Zone 1(APZ-1). The provision 136 allows replacement uses and structures so long as they are of lesser or equal density or intensity as the 137 original use or structure. The specific Business Districts located within APZ-1 include the B-1 138 Neighborhood Business and B-2 Community Business Districts. 139 140 A technical correction unrelated to the purpose of this ordinance is made in subsection (a). 141 142 . . . . 143 144 145 Sec. 1001. Use regulations [Industrial Districts]. 146 147 . . . . 148 149 (c) Special restrictions in Accident Potential Zone 1 (APZ-1). No 150 use or structure shall be permitted on any property located within 151 Accident Potential Zone 1 (APZ-1) unless such use is designated as 152 Compatible in APZ-1 in Table 2 ("Air Installations Compatible Use 153 Zones Land Use Compatibility in Accident Potential Zones") of 154 Section 1804; provided, however, that any use or structure not 155 designated -as Compatible shall be permitted as a replacement of the 156 same use or structure if the replacement use or structure is of 5 157 equal or lesser density or intensity than the original use or 158 structure. 159 COMMENT 160 161 The amendment prohibits new uses and structures structures that are incompatible under Table 162 2 ("Air Installations Compatible Use Zones Land Use Compatibility in Accident Potential 163 Zones") of Section 1804 in portions of Industrial Districts within Accident Potential Zone 1(APZ-1). 164 The provision allows replacement uses and structures so long as they are of lesser or equal density or 165 intensity as the original use or structure. The specific Industrial Districts located within APZ-1 include 166 both the I-1 and I-2 Industrial Districts. 167 168 . . . . 169 170 171 Sec. 1110. Land use regulations [PD-H1 Planned Unit 172 Development District] 173 174 . . . . 175 176 (e) Special restrictions in Accident Potential Zone 1 (APZ-1). No 177 use or structure shall be permitted on any property located within 178 Accident Potential Zone 1 (APZ-1) unless such use is designated as 179 Compatible in APZ-1 in Table 2 ("Air Installations Compatible Use 180 Zones Land Use Com atibility in Accident Potential Zones") of 181 Section 1804; provided, however, that any use or structure not 182 designated as Compatible shall be permitted as a replacement of the 183 same use or structure the replacement use or structure is of equal 184 or lesser density or intensity than the original use or structure 185 186 COMMENT 187 188 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air 189 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of 190 Section 1804 in portions of the PD-HI Planned Unit Development District within Accident Potential 191 Zone 1 (APZ-1). The provision allows replacement uses and structures so long as they are of lesser or 192 equal density or intensity as the original use or structure. 193 6 194 A minor technical amendment is made to the catchphrase of the section. 195 196 197 198 Adopted by the City Council of the City of Virginia Beach, 199 Virginia, on this day of , 200_. 4ON APPROVED AS TO CONTENT: A lZ t 13-0S Plannilig Department APPROVED AS TO LEGAL SUFFICIENCY: 41 AzW City Attorneys Office' CA- 9760 OID/ordres/Proposed/AICUZ/APZ-lordin.doc R-3 November 3, 2005 7 1 AN ORDINANCE AMENDING ARTICLE 15 OF THE 2 CITY ZONING ORDINANCE, PERTAINING TO 3 USE REGULATIONS, DIMENSIONAL 4 REQUIREMENTS, VEHICULAR PARKING 5 REQUIREMENTS, DENSITY RESTRICTIONS AND 6 DESIGN INCENTIVES IN THE RT-1, RT-2 AND 7 RT-3 RESORT TOURIST DISTRICTS 8 9 Sections Amended: City Zoning Ordinance 10 §§ 1500, 1501, 1502, 1506, 1507, 1510, 11 1511, 1511, 1513, 1514, 1515, 1516, 12 1520, 1521, 1522, 1523, 1524, 1525 and 13 1526 14 15 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 That the City Zoning Ordinance (City Code Appendix A) is 18 hereby amended and reordained by the revision of Article 15, 19 pertaining to the RT-1, RT-2 and RT-3 Resort Tourist Districts, 20 to read as follows: 21 ARTICLE 15. RESORT TOURIST DISTRICTS 22 A. RT-1 RESORT TOURIST DISTRICT 23 24 Sec. 1500. Legislative intent. 25 26 The purpose of the RT-1 Resort Tourist District is to 27 provide areas which can accommodate high density hotels and 28 their related needs and where a high concentration of resort 29 facilities are desirable. This district is not intended for 30 general application but should be limited generally to those 31 properties_ contiguous to Atlantic Avenue. Development in the 32 District should advance Resort Area land use and design goals 33 and, as expressed in the Comprehensive Plan, conform to the 1 34 Oceanfront Resort Area Plan and the Oceanfront Resort Area 35 Design Guidelines. While under the Navy's OPNAV Instruction 36 11010.B (December 19, 2002), hotels and motels in Accident 37 Potential Zones or in Noise Zones 65-70 dB DNL or hiqher are not 38 deemed to be compatible with operations.arising out of Naval Air 39 Station Oceana, such uses are the historical base of the Citv of 40 Virginia Beach's Resort' Area. The development and enhancement 41 of high -quality hotel and motel uses is thus encouraged, but 42 such uses should be sensitive to their proximity to Naval Air 43 Station Oceana and should, therefore, be compatible with air 44 operations to the greatest extent possible. 45 COMMENT 46 47 This section revises the intent of the RT-1 Resort Tourist District so as to be consistent with 48 the goals of the 2005 Oceanfront Resort Area Plan. It notes that hotel/motel uses should be 49 compatible with air operations arising out of NAS Oceana to the greatest extent possible. 50 51 52 Sec. 1501. Use regulations. 53 (a) Ri-ineipal usee and t t s-.- 5 4 -(1) E seep t as i9 revQea ire e t i en 4:599: (a ) ()--het-e3-a 55 and mez^lhave i n eenjune t l en—eirt3 56 them any eembinatien of restaurants, eetdeer 58 faeilies, pi-evided that uses ee�-19 59 with he e e l s--enel Fnetels may net a eeupy—ntere than 2 -- - - - - 46 'X=. c- --tea- - 62 let, subj eet to -the -re •=„ J 63 4) The -struetuL-e-tnel-es-ing tyre -uses �.�ted in 64 eenjunetienwth hetels and- aet is shall he 65 fully enel-es ed at all tifnes by selid iEt _e - 66lsand--reef with ne eerie 67 ether than passage way deers as fflay be 68 required by the -Virginia -Unizerm Statewide 69 Building Geele; 70 (ii ) Stieh ene l esed strueture shall be—l-e eated 71 entirely within thesamestrQetur= -n=l---- g 72 the -gi-in=i p l use; and 73 {iii}l;e-entran^ e s ei' ex -at e a -use permitted i-nl 74 eenjunetien with hetels and metels shall be 75 76 the-benrdwa3-k, unless sideh enzi-anee-evert 77 78 egen-- area, -an whieh ease sueh egen area shall 79 be fully €eneed-er walled to-aheight of at 80 least eur—(4) feet and-6 itheut any entraneea 81 82 83 3 84 r eguat i e n s--established in ranehise 85 agr eefrents appiceved by e-i ty a suneil. 8 7 eenTune=renwith hetels and fnet e s p L-e - i "-' e "' 89 A�vnue,he beardwalle, e r any p ub l-re-p,ler 91 aeees= drives. 9 3 (3) Pub l i e utilities i =tal1ati ergs—anel eus t-a t i eri-a 94 ineluding ems€}ees ;-previded--st-erage e-r 95 maintenanee faeilities--Hai- l net be r- -� - a i t}_ "'� _ -- 96 and-previded furthe ; that tilit-ies ,ibst t; s 97 ether than indioideal tranf a rmeL-s,—s hall: lae 99 and -emits , er by a-€enee with 100 foie-(5r) te-sim (6) feet --in heightp and Ar via_a 101 else, trans€ernte vas el- undergreund 102 utilities and— the like shall require enly a 103 landscaped—seL-eeninghedge, —selid emeept— fe 104 105 -(4-) B i eye l e-E eiit alestablishments in e etrj un e t i e=nth 106 he t e3-s-aiid me t e ls, s b j e=ate-tote--€e l l evil 107 (i) Si.ch--establishiiients shall ba—news tTrcni WIA 110 twenty -(2 G) feet, 111 the area ulge43—whieh—Jbieyele are a l . e 112 shall be paveel-ae—th= per±fneter tweree f 113 delineated + a by 8n n ti ecr -� ��c 8—zi-rim e-1Leurb-ing,—a#£`ep-t 114 at the-pei-at of ingress anel egress-, 115 (iii)Ne-Fnere- thaR twenty (2G) bieyeles shall be 116 t=eL-ed er displayed in the rent -al area 117 any ene tifne,repshall net eendiaeted 118 in L=ental: a3Fea, and---ne rental aeti - ity 119 shall be eendueted en publie 120 (iv) Pao--mere—than ene ( 4:)--sign identify -gig 121 9:aeh establishment shall be jaeL-fni-t t ed , and- 122 ne sueh small emeeed fetir (4` square 123 feet per €aee ±R e; -face a=,be 124 illuminated, er- enei-eaeh-ante any pertien _f 125 the-publie- right of way; -ate 126-(-v-)Peints efingress ef any sueh-establishment 127 1eeaterza}aeent to-pub3ie prepert1y shall be 128 eli_T-,=,- �eepsi..�ze the --beardwa '_: bi-el' =1_ 129 path by means ef an emistiiig sidewalk, 130 street ea� eanneeter pai=kr 5 131 a t ed brefire f i t ei-g-anizatz ens- 13 2 (6 ) uilding-ffieunt ed ate= - 13 3 Ew a -ea r ^ ; l r ,�, g� e�--p l-ev . el E�--that 134 adjaeent te aRY PUblie 'Fight e€-- way --perT aete - 13 5 3ands eap ing faeet--tire ef the Gitp 136 Cede,, Apiend rm—Site Plan Grdinanee,--Seetin 137 SA and --the —Publie---Wer rs S~ree; f � � t=e--d 138 standal-ds Manual shall: , t ,, a 139 temper -pry s rf ee tare tfftreiat in aeeeiadanee—V3=t-i 140 1 fahe standards €ertemp ei-ary-garking lets ift t e 141 Plab l-€e-WeL-ks--Sp ez F , t , ens and --Standards --Ma=ua4, 142 shall be--allewedr 143 144 hei-einafter speeified,eet te--eemp3ianeewith r-the --p-e=o g 145 of 1p a t G efartie-1 e- - h ereef: 146 -(1) Gefterre al parking lets nr7 p k g guyt..T- 147 (2—z Restaurants epeL-ated-in eenjunetien with het 148 149 jir9yideel,,—heihteyei- that drive threug= faeilitiea 150 shall net he permitted: 151 (i) -Al eehe l l e-beverages are served; 152 (ii)- The —establishment exeltides perserrs—err the 153 basis e--age during any part -e�e"tha rrc—cca �- 154 l31 He.I i perts an-1 hel - st 155 -(-I . 91) Parking st r u etureT 156 (; . es)Passengervessels perfaitted--bUnited —St-ates- 15 7 Least— Giaa rel icegulatiens— t e eaicicy fte3Fe than e 158 hundred fer-ty nine--(-149) passengers andireear 159 e as e raa r L r ____ 160 (3.1) Persenal watereraft rentals. 161 (4) Flee -neat i ea —and amiss effient—€a^ Utz es---e f aiR 162 eutdeer natuEe , whieh may be —partially er 163 tempe ram—e n1 e y e d ear — a seas a "rre l basis w 164 appi-eval—ef e-ity ee:uneil, preen-i-dad—that, in the 165 deve-lepment—ef sueh prepert-i e , safeguards are 166 p revi-de d to p e s eLcvand p re teet the existing 167 ehaL-aeter of aa' rt--prepe—ti=s, emeept that 168 riding--aeademies and—r-ee-i-eetiena1 eampgre 3nda 169 shall net be al-lewed—as—e—eenditienal use —ems 171 -(5) Satellite wagerrinfaeility. 172 (a) The following chart lists those uses permitted within 173 the RT-1 Resort Tourist District as either principal uses, as 174 indicated by a "P" or as conditional uses, as indicated by a 175 "C." Conditional uses shall be subject to the provisions of 176 Part C of Article 2 (Section 220 et. seg.). No uses or 177 structures other than those specified shall be permitted. All 178 uses, whether principal or conditional, should to the greatest 7 179 extent possible adhere to the 180 Resort Area Design Guidelines. 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 Use rovisions of the Oceanfront Subject to the provisions of subsection (b), hotels and motels, which may have in conjunction with them any combination of restaurants, outdoor cafes, retail commercial use and convention facilities, provided that uses in conjunction with hotels and motels may not occupy more than ten (10) percent of the floor area of all structures (excluding parking) located on the lot 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, 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 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 Building mounted antennas RT-1 W 0 M 8 223 Commercial parking lots and garages 224 Eating and drinking establishments, whether 225 or not operated in conjunction with a 226 hotel or motel, where both of the 227 following occur: (i) alcoholic beverages 228 are served; and (ii) the establishment 229 excludes persons on the basis of age 230 during anv part of the day 231 232 Heliports and helistops 233 Museums operated by non-profit organizations 234 Parking structures 235 Passenger vessels permitted by United States 236 Coast Guard regulations to carry more than 237 one hundred forty-nine (149) passengers 238 and used for commercial purposes 239 240 Personal watercraft rentals 241 Public buildings and grounds 242 Public utilities installations and 243 substations including offices; provided 244 storage or maintenance facilities shall 245 not be permitted; and provided further, 246 that utilities substations, other than 247 individual transformers, shall be 248 surrounded by a wall, solid except for 249 entrances and exits, or by a fence with a 250 screening hedge five (5) to six (6) feet 251 in height; and provided also, transformer 252 vaults for underground utilities and the 253 like shall require only a landscaped 254 screening hedge, solid except for access 255 opening. 256 257 Recreational and amusement facilities of an 258 outdoor nature, which may be partially or 259 temporarily enclosed on a seasonal basis 260 with approval of city council, provided 261 that, in the development of such 262 properties, safeguards are provided to 263 preserve and protect the existing C C C P C C C P w 9 264 character of adjacent properties p 265 266 Satellite wagering facility C 267 268 Temporary commercial parking lots, provided 269 that adjacent to any public right-of-way 270 perimeter landscaping meeting the 271 requirements of the Section 5A of the Site 272 Plan Ordinance and the Public Works 273 Specifications and Standards Manual shall 274 be installed, and temporary surface 275 treatment in accordance with the standards 276 for temporary parking lots in the Public 277 Works Specifications and Standards Manual 278 shall be allowed. p 279 280 281 (b) Structures enclosing uses permitted in conjunction 282 with hotels and motels shall be subject to the followin 283 requirements: 284 (1) Such structures shall be located entirely within 285 and shall be fully enclosed at all times by solid 286 exterior walls and roof with no exterior o enin , 287 other than passageway doors as may be required by 288 the Virginia Uniform Statewide Building Code; 289 (2) Except with respect to boardwalk cafes as 290 permitted by franchise agreements approved by the 291 City Council, no entrance or exit to the use 292 shall be located on the side of any structure 293 facing the boardwalk, unless such entrance or 294 exit provides access to a courtyard or 295 intervening open area, in which case such open 10 296 area shall be fully fenced or walled to a height 297 of at least four (4) feet and without an 298 entrances or exits facing the boardwalk; and 299 (3) Parking structures shall be permitted in 300 conjunction with hotels and motels provided that 301 any ground level parking within the structure 302 fronting on Atlantic Avenue, the boardwalk, or 303 any public park or open space is prohibited 304 except for necessary access drives and ramps. 305 (c) Proposed conditional uses shall be evaluated for 306 consistency with the following criteria regarding general land 307 use, transportation, and aesthetic provisions in order to 308 further the legislative intent of the RT-1 District and the 309 goals of the Comprehensive Plan and Oceanfront Resort Area Plan: 310 (1) Any development or redevelopment in this area 311 should contribute to creating an attractive 312 wholesome family resort destination; 313 (2) The use should be consistent with the resort area 314 goal to promote a safe, day and night, year round 315 resort destination; 316 (3) The use and structure should complement resort 317 activity centers and corridors and advance the 318 area's public and private investments; 11 319 (4) All development and other physical improvements, 320 such as landscaping, signs, lighting, and other 321 similar elements should strive to achieve a hicrh 322 level of design excellence and contribute to a 323 quality image as expressed in the Oceanfront 324 Resort Area Design Guidelines; 325 (5) All transportation improvements should be 326 designed to shift the dominant transportation 327 mode in the area from vehicular to pedestrian and 328 transit; and 329 (6) The use should be appropriate for both local 330 residents and visitors to the area. 331 COMMENT 332 This section re -formats the list of permitted and conditional uses to be consistent with the 333 format found in the rest of the zoning ordinance. No substantive change has been made to the 334 allowed uses in the RT-1 District. 335 336 In addition, subsection (c) has been rewritten to require conditional use permit applications 337 to be evaluated for consistency with the goals enumerated in Lines 310 — 330. 338 339 . . . . 340 341 Sec. 1506. Maximum density ratings Density. 342 Except as otherwise provided in section 1507, the maximum 343 density of hotel and motel development shall be one hundred 344 sixty (160) units per acre for the entire zoning lot, of which 345 no more than ten 44- fifteen (15) percent of the allowable 12 346 number of units sal may be dwelling units, even if partially 347 occupied by other principal uses or conditional uses. 348 COMMENT 349 The amendment increases the maximum number of allowed dwelling units in a hotel or 350 motel in the RT-1 Resort Tourist District from 10% to 15% of the total allowable number of units 351 (both lodging and dwelling). 352 353 Sec. 1507. Deeired design features and ineentives. Performance 354 Standards and Incentives. 355 356 (a) For uses on lots with a minimum area of twenty 357 thousand (20,000) square feet and having architectural features, 358 site design and landscaping consistent with the Comprehensive 359 Plan, the Oceanfront Resort Area Plan, and the Resort Area 360 Design Guidelines, the maximum density of hotel and motel uses 361 shall be one hundred seventy-five (175) units per acre, of which 362 no more than ten (gzG-)-- fifteen (15) percent of the allowable 363 number of units shall may be dwelling units, and uses in 364 conjunction with hotels and motels may occupy up te but net faerre 365 than a maximum of twenty (20) percent of the floor area of all 366 structures (excluding parking) located on the lot. 367 (b) For uses on lots with a minimum area of forty thousand 368 (40,000) square feet and having architectural features, site 369 design and landscaping consistent with the Comprehensive Plan, 370 the Oceanfront Resort Area Plan, and the Resort Area Design 371 Guidelines, the maximum density of hotel and motel uses shall be 372 two hundred (200) units per acre, of which no more than ten (19) 13 373 fifteen (15) percent ell may be dwelling units, and uses in 374 conjunction with hotels and motels may occupy up to but not more 375 than twenty-five (25) percent of the floor area of all 376 structures located on the lot. 377 (c) For uses on lots with a minimum area of eighty thousand 378 (80,000) square feet or on separate lots under common ownership 379 totaling at least eighty thousand (80,000) square feet in area, 380 where: (i) such lots are separated solely by a public street of 381 no more than one hundred (100) feet in width and by a distance 382 not exceeding the width of the public street, (ii) at least 383 twenty (20) percent of the floor area of the use is for 384 convention or related facilities, (iii) the entire lot or lots 385 are developed in a functionally integrated fashion, and (iv) the 386 uses have architectural features, site design and landscaping 387 consistent with the Comprehensive Plan, the Oceanfront Resort 388 Area Plan, and the Resort Area Design Guidelines, the following 389 shall apply: 390 (1) The maximum density for hotel and motel uses 391 shall be two hundred twenty-five (225) units per 392 acre, of which no more than ten ( ^` fifteen (15) 393 percent shall may be dwelling units, for the 394 entire accumulation of parcels 14 395 (2) Uses in conjunction with a hotel may occupy up to 396 fifty (50) percent of the floor area of the 397 structures; and 398 (3) Required parking shall be at least one (1) space 399 per lodging or dwelling unit or one (1) space per 400 two hundred (200) square feet of floor area used 401 for uses in conjunction with the hotel, whichever 402 is greater. 403 (d) In addition to the number of units otherwise 404 allowed pursuant to this section, where open 405 space meeting the criteria set forth in section 406 1502(e) is provided, the number of hotel or motel 407 units may be increased by one and one-half (1.5) 408 units, of which no more than to "^` fifteen 409 (15) percent of the allowable number of units 410 may be dwelling units, for every one thousand 411 (1,000) square feet of open space provided. 412 COMMENT 413 414 The amendments to this section revise the percentage of allowable dwelling units within a 415 hotel or motel from 10 percent to 15 percent. It also provides performance standards pursuant to 416 which hotels and motels that have architectural features, site design and landscaping consistent 417 with the Comprehensive Plan, the Oceanfront Resort Area Plan and the Resort Area Design 418 Guidelines can obtain density increases. 419 420 421 422 423 424 425 15 426 B. RT-2 RESORT TOURIST DISTRICT 427 428 Sec. 1510. Legislative intent. 429 430 The previsiefka purpose of the RT-2 Resort Tourist District is 431 to provide areas for resort hotels and appropriate mixtures of 432 other complementary uses generally in the area west of Atlantic 433 Avenue and east of Pacific Avenue. It is further the intent of 434 this district to recognize existing on -site parking problems and 435 to foster good design and development patterns through the use 436 437 of incentives. Development Resort Area land use and desi in this n goals district and, as expressed shall advance in the 438 Comprehensive Plan, conform to the Oceanfront Resort Area Plan 439 and the Oceanfront Resort Area Design Guidelines, and shall be 440 appropriate in use and design to its proximity to Naval Air 441 Station Oceana. 442 443 COMMENT 444 445 This section revises the intent of the RT-2 Resort Tourist District District so as to be 446 consistent with the goals of the 2005 Oceanfront Resort Area Plan and Oceanfront Resort Area 447 Design Guidelines. It also requires development in the RT-2 District to be appropriate in use and 448 design to its proximity to NA Oceana. 449 450 Sec. 1511. Use regulations. 451 452 (a)mil,eipal aoe4 an Li=cie-t-u:Yc9-reiF—eels less than 453 €eurteen thousand (-14, 99G)—sefare few ;n saze, any Ane---(9:) of 454 16 455 f a e it-i t i es shall: ete be jacsm s t e el as a l , • r —a ee e s s e ry 456 use _ 457 (G . 5` Antennas, 458 (,) A:�jejjteriufas d assemblyl• w,, , . 459 (2) Beat sales; 460 Tom---B di:ness studies, , e f f i ees—e l i n i es—R d e ,l . , 461 , ,,.....,.... t v; , _ 464 -(6 ` n..seL ed; 465 (7) Ge tereiar-reereatien faeilites—ether than these of 466 an eut-deei--nature 467 (8) Bat-ing and- drinking , emeept as 468 ~ r- - - - __F_ed ___ aeet-ien Eel (6) = 469 (9) Finaneial instmiens, 471 -(-11)--MldS etffEtS and }lct 472 'T4:2Te f site parking faeilities, -pre=o:Elegy•--the 473 of seetien ISGS are faet, and pre=o ded fmiarther,--hat 474 475 eend-itierrc l use, 476 (4: 3) Terms ors erroiee—es t abzisl" ern ^wing barber 477 beast j s eps, shee—repair sheps,—e-ieaning, dyeing, 17 478 l atriad-w ee s ing, a iF l eing,tan err± rig-nQ-gai-fnent- 479 repa±r sheps witzh jareeessing en the 480 4 81establishmentsand a t h=eielubs 482 (IS) Piab3ie buildings a -� cgs--a���--grea 483 (1 6) Pa 3 h l i e utilities inszu l l a t i e ra--axrQ-zacrbstativna 484 ineltrding effiees; pi-evided sterage—o 485 faeilities shall net he ea; and —geevided.- 486 further, that utilities st'rstacreiis ;----F1thcT—ZTrccrx 487 iRdiyia.-TL-aRs-fems^,--s, shall b2 -cetineled by a 488 wall, 489 =enee wilt -a . ng- hedge five ms5;-ae-sim (S)-Ted 490 in height; neprevided-alse, trans=oLaffiei- vaults f-eL- 491 undergreund utilities acre-ate-3-ike shall i.aefaire-one 492 a land d . ng hedge-seliEl emeept-Ter aeesse 493 ejqefti:ng-, 4 9 4 (4: 7) Re,, establishments, ineltrding- the i eideta= 495 . f e t ; g-e f ge a ds--€ems-sale-end-at retail en- he 496 p-ewe a r e t .. , sales and -display reema and- lets, 497 picevided that yards—€er sterage—ef new e r used 498 499 500 sal�age er seeenelhanel btti! drFkg materials --o t efrebiie 501 18 502 ada, t beeksteres--shall he p-ehibit ed f rem leeating 503 wrtz-rn-five- itrn-i-eel (5 0 9) f eet e 504 residential distriet,—single —er---mialtile family 505 dwelling, , ehureh, park er seheor 506 (g:'-. 5�reffipe-eefafneieial-iar}eing lets, pevi ded th 507 508 lanelseaping fneeting-he requirements of the Gity EeEle; 510 Pul-ie- Wei- r = e i f i eatlens and standards Manual shall 511 be installed, and temperaiy _u=Faee treatfaent in 512 a eeerdaneehtre-s t anelards f ems--t exile r-ary r a rk i n 513 let=s in the ublie- Werles Speeifieatiena and St as a 514 Manual shall be alrevved- 515 Feir paaFeels-grea-t ems-feurteen the .. d-(3 4,9-sqtiaLee feel-, 516 any ef the fellewing additienal uses are allewed and may be used 517 in eeff�.bjjaa c i efi with any ethe -permitted -pis cam- l i s tee-aaeve= 518 (! 8) Multifamily dwell J s 519 9 ) rR + w ,, -{-svcc-ra—cxrrC�iezc:-ra-�cxrizxz —FR3'p have in Eenjun'etienwrcrtir 520 thefa any eembinati-enefrest-auran, :� reemmere l- 521 use -and -eei-veRt-ieR—faeilitie9-, prey&ded that —uses -in 522 523 than ten (19-) peLaeerg-ez the leer area of all 524 et. ruetures (eme l-ud-rng parking) fie eated anx the _e 19 525 p evieled f:arthv, that die .-hreagh f. ter s shall: 526 527 (a) The following chart lists those usespermitted within 528 the RT-2 Resort Tourist District as either principal uses, as 529 indicated by a "P," or as conditional uses, as indicated by a 530 "C." Conditional uses shall be subject to the provisions of 531 Part C of Article 2 (Section 220 et seg). Buildings within the 532 RT-2 District may include any principal or conditional uses in 533 combination with any other principal or conditional uses No 534 uses or structures other than those specified shall be 535 permitted. All uses, whether principal or conditional, should 536 to the greatest extent possible adhere to the provisions of the 537 Oceanfront Resort Area Desiqn Guidelines. 538 539 Use RT-2 540 Antennas, building -mounted p 541 Auditoriums and assembly halls p 542 Automobile and small engine repair establishments, 543 provided that all repair work shall be performed 544 within a building C 545 546 Automobile service stations C 547 Bed and Breakfast Inns C 548 Bicycle rental establishments p 549 Boat sales p 20 550 Business studios, offices, clinics and medical 551 laboratories 552 553 Car wash facilities, provided that: (i) No water 554 produced by activities on the zoning lot shall be 555 permitted to fall upon or drain across public 556 streets or sidewalks or adjacent properties; and 557 (ii) A minimum of three (3) off-street parking 558 spaces for automobiles shall be provided for each 559 car wash space within the facility 560 561 Child care and child care education centers 562 Churches 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 Commercial parking lots, parking garages, parking structures and storage garages Commercial recreation facilities other than those of an outdoor nature Dormitories for marine pilots Drive -through facilities of financial institutions Dwellings, multi -family within a mixed -use development on lots greater than fourteen thousand (14,000) square feet, provided that such dwelling units shall be located above the ground floor of the building containing such units and provided further that said dwellings should be consistent with the provisions of the Resort Area Design Guidelines Eating and drinking establishments, except as specified below 0 C P C C P C C W W Eating and drinking establishments where both of the following occur: (i) Alcoholic beverages are served; and (ii) The establishment excludes persons on the basis of age during any part of the day C Financial institutions 589 Funeral homes 590 Heliports and helistops 0 IM C 21 591 Home occupations C 592 Hospitals and sanitariums C 593 Housing for seniors and disabledpersons; maternity 594 Homes C 595 596 Marinas, including facilities for storage and 597 —repair of boats and sale of boating supplies and fuel C 598 599 Mini -warehouses, provided that the yard shall be 600 completely enclosed except for necessary openings 601 for ingress and egress by a fence or wall not less 602 than six (6) feet in height C 603 604 Motels and hotels, on lots greater than fourteen 605 thousand (14,000) square feet, which may have in 606 conjunction with them any combination of 607 restaurants, retail commercial use and convention 608 and conference facilities, provided that uses in 609 conjunction with hotels and motels may not occupy 610 more than twenty (20) percent of the floor area of 611 the floor area of all structures (excluding parking) 612 located on the lot; provided further drive -through 613 facilities shall not be permitted as a principal or 614 accessory use p 615 616 Museums and art galleries p 617 Off -site parking facilities in connection with any 618 permitted or conditional use within the RT-1, RT-2, 619 or RT-3 Resort Tourist Districts, provided the 620 requirements of section 1514 are met, the off -site 621 parking facility is located at least 100 feet from 622 any lot zoned Residential or Apartment District, and 623 provided further that all of the following 624 requirements are met: (a) Parking structures for 625 such parking facilities shall be allowed only as a 626 conditional use; (b) Off -site parking facilities 627 shall be located within one thousand (1,000) feet 628 from the use they are intended to serve; (c) A 629 written agreement assuring continued availability of 630 the number of spaces indicated shall be drawn and 631 executed, and a certified coy of such agreement 632 shall be recorded with the clerk of the court. Such 633 agreement shall stipulate that, if such space is not 634 maintained or space acceptable to planning director 22 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 substituted, the use or such portion of the use as is deficient in number of parking spaces shall be discontinued. The agreement shall be subject to the approval of the City Attorney P Passenger transportation terminals C Passenger vessels permitted by United States Coast Guard regulations to carry more than one hundred forty-nine (149) passengers and used for commercial purposes C 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 P Personal watercraft rentals Private clubs, lodges, social centers, eleemosynary establishments and athletic clubs Public buildings and grounds 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 openin C C w 0 Public utility storage or maintenance installations provided the lot in which the use is located is at least 100 feet from any lot zoned Residential and Apartment C Radio and television broadcastinq stations, cellular antenna and line -of -sight relay devices C Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city 23 680 council, provided that, in the development of such 681 properties, safeguards are provided to preserve and 682 protect the existing character of adjacent 683 properties C 684 685 Retail establishments, provided that adult bookstores 686 shall be prohibited from locating within five 687 hundred (500) feet of any Apartment or Residential 688 zoning district, single- or multiple- family 689 dwelling, church, park, or school p 690 691 Satellite wagering facility C 692 Temporary commercial parking lots, provided that 693 adjacent to any public right-of-way perimeter 694 landscaping meeting the requirements of the City 695 Code, Appendix C - Site Plan Ordinance, Section 5A 696 and the Public Works Specifications and Standards 697 Manual shall be installed, and temporary surface 698 treatment in accordance with the standards for 699 temporary parking lots in the Public Works 700 Specifications and Standards Manual shall be 701 allowed. p 702 703 (b) Accessory uses and structures: Uses and structures 704 which are customarily accessory and clearly incidental and 705 subordinate to the principal uses and structures; provided, 706 however, that drive -through facilities shall not be permitted: 707 (1) An accessory activity operated for profit in a 708 residential dwelling unit where there is no change in 709 the outside appearance of the building or premises or 710 any visible or audible evidence detectable from 711 outside the building lot, either permanently or 712 intermittently, of the conduct of such business except 713 for one (1) nonilluminated identification sign not 24 714 more than one (1) square foot in area mounted flat 715 against the residence; where no traffic is generated, 716 including traffic by commercial delivery vehicles, by 717 such activity in greater volumes than would normally 718 be expected in the neighborhood, and any need for 719 parking generated by the conduct of such activity is 720 met off the street and other than in a required front 721 yard; where the activity is conducted on the premises 722 which is the bona fide residence of the principal 723 practitioner, and no person other than members of the 724 immediate family occupying such dwelling unit is 725 employed in the activity; where such activity is 726 conducted only in the principal structure on the lot; 727 where there are no sales to the general public of 728 products or merchandise from the home; and where the 729 activity is specifically designed or conducted to 730 permit no more than one (1) patron, customer, or pupil 731 to be present on the premises at any one time. The 732 following are specifically prohibited as accessory 733 activities: Convalescent or nursing homes, tourist 734 homes, massage or tattoo parlors, body piercing 735 establishments, radio or television repair shops, auto 736 repair shops, or similar establishments. 25 737 (c) Proposed conditional uses shall be evaluated for 738 consistency with the following criteria regarding general land 739 use, transportation, and aesthetic provisions in order to 740 further the legislative intent of the RT-2 District and the 741 goals of the Comprehensive Plan and Oceanfront Resort Area Plan: 742 (1) Any development or redevelopment in this area 743 should contribute to creating an attractive 744 wholesome family resort destination; 745 (2) The use should be consistent with the resort area 746 goal to promote a safe, day and night, year round 747 resort destination; 748 (3) The use and structure should complement resort 749 activity centers and corridors and advance the 750 area's public and private investments; 751 (4) All development and other physical improvements, 752 such as landscaping, signs, lighting, and other 753 similar elements should strive to achieve a high 754 level of design excellence and contribute to a 755 quality image as expressed in the Oceanfront 756 Resort Area Design Guidelines; 757 (5) All transportation improvements should be 758 designed to shift the dominant transportation 759 mode in the area from vehicular to pedestrian and 760 transit; and MR 761 (6) The use should be appropriate for both local 762 residents and visitors to the area. 763 (e) CneHdit:ienal uses alrd sti ietux:eo. Uses and stic-'a'etuices 764 here-Lnfter sgeeifie , 765 of part G ems---artele-2 hereef,—pre;owed heweveLc,- that emeeptas 766 aLT 767net use: 768 (1efnebile anela-~ l l engine e stab! same t 769 jareva:ded that all repair werle shall be perfermed 770 within a building; 771 ''-Autefrebile--ser-o±ee--statien-s-; pi-evidea—thaw, ...he 772 there adj ei „g residential e L= apartment 773 stret withetccrrr--intervening --5treet, alley —vice 774 peLaffianent epen spaee ever twenty five (26) feet i.m- 775 width and where lets eepaL-ateel by a—d3st- ie be naaiF l 776 have--cadjaeent fr-ent yarels, a sim-feet --selse—fenee 777 ti�riall separate - he autemehile 1-v:±ee st-atien use frefa 778 the adjaeent residential QistrieI t anellle gl-euGiyR 779 shall be within fifty (59) feet ef the—L-ee-idential er 780 apartment ai *- i et _ 781 (3) Gar wash • 782 '- ) Ne water predueed by aetaivhies en t , et � J 783 shall b pei=ffiitted to 27 784 7 8 5 p ee-; 786 TMinifflumo f twee—( t3) e= s tTe et paici rcing sp a ee a 787 feiF aatemehiles shall bePrevidee-Tei-eaehear 788 wash spaee within the faeility; 789 (4) Ghure yes, 790 (4.5) Gefmnei-eial parking lets, igal-]Eing garages, parking 791 s t icueture 9-andt e r-ag egar-ageT 792 (5)—BeEfftiterie s --fer faarilie pilets-,- 793 (5.5) -Prove thretigh f aeilities----e f ri aaneial 795 (6) Bating anel drinking establishments where beth ef the 796 fellewing aeetir: 797 4) Aleehelie beverages v:eel; 798 (' ') The establishment emeltides peicsens--ors— the —bass-& 799 of -age during -any part eft -fie 800 (6.1) Flea -fnaneets ; 801 (7) He-1 iper-ts and he -steeps; 802 , 803 , 804 under peimmi t ed l9rifuses teipal a stint-`__rea 805 here; xrz-c-rszvcb eve ; 806 (9) liefae eeetipatiens, 28 808 ' ) Marinas, inelueling faeilities f-ei- sterage an i- r 810 (4:2) Mini wareheuses, previded that �e he yard shall be 811 812 ingress and egress by a fenee eie wall net less tha 813 sim (6) feetin h=_g �le;- 814 (12.5) GEE site arleing iGLTrires f-e L. uses a•7 816 Rene-iFt Furst-- Dist L-evided therequirements 817 seetien 293-are faet 818 - �—Passengeic ei to , s _ 820 GeastG'uard Lcegu-latiens to—earr ere than ear^ h, ^area 821 f-erty nine --(14-9-)-passengers and use €er eemmerelal 822 purpeses, 823 —(i; . 5-)—Persencrl waterel�aft rentals 824 (1:4) Publie utility er-age era maintenan � 825 installatiensp 826 (9:5) Rad-re— and —te1eis ear--breadeasting s at 827 eellula-r telephene antenna --and —line -ef sight relay 828 dev i e e-s-,- 8 2 9 4 6` Reereatienal and.--afausefaent faeilities ef an 830 eutdeei- ratuEe, whieh may be-paL-trally-ea" }emp==a it j' 831 enelesed en a seasenal basis with--apgreval of e-iy. 29 832 eeune , pre-.; ded that, inthe—ElFycrepffient of--s-i* z 833 , 834 835 exeepfe that rielini j—aeaeleinie5--and re r t ' enal- 836 gi-e ,anels shall net be a , ewc'd as a eenelitie zus-use 837 er—etherwise; 838—(3:7)-- Satellite wagering faeility. 839 COMMENT 840 841 The allowed uses have not been changed; the revised section, however, allows multi -family 842 dwellings on lots greater than fourteen thousand (14,000) square feet only within a mixed -use 843 development and requires such dwelling units to be located above the ground floor of the building 844 containing such units. The current RT-2 ordinance allows multi -family dwellings on lots larger 845 than 14,000 square feet without the need for a mixed -use element. 846 847 In addition, subsection (c) has been rewritten to require conditional use permit applications 848 to be evaluated for consistency with the goals enumerated in Lines 738 - 758. 849 850 The section has also been re -formatted to be consistent with the format found in the rest of 851 the City Zoning Ordinance. 852 . . . . 853 854 Sec. 1513. Sign regulations. 855 (a) The RT-2 Resort Tourist District is hereby declared a 856 special sign district, in which the following regulations shall 857 apply. The provisions of this section shall be in addition to, 858 and not in lieu of, any other ordinance or regulation pertaining 859 to signs, and to the extent that any provision of this section 860 conflicts with any other ordinance or regulation, the provision 861 of this section shall control. 862 (b) Within the RT-2 Resort Tourist District, no sign 863 shall: 30 864 (1) Contain any commercial matter other than the name 865 of the establishment and not more than two (2) words 866 designating the type of establishment advertised 867 thereby; 868 (2) Contain, consist of, be illuminated by, or be 869 attached or connected to any moving, flashing, 870 blinking, alternating or pulsating light or lights 871 changing in intensity, except lights indicating the 872 temperature or time of day in alternating cycles of 873 not less than five (5) seconds; 874 (3) Be permitted to remain in a state of disrepair or 875 deterioration for any period of time longer than is 876 necessary to effect the repair or restoration of such 877 sign. For purposes of this section, the terms 878 "disrepair" and "deterioration" shall include, but not 879 be limited to, the chipping, cracking, peeling or 880 excessive fading of paint or other coloration, and 881 damage to the advertising face or other component of 882 any sign. 883 . . . . 884 (j) Signs located at the ground level of a building 885 identifying the entrance to upper -floor residential dwelling 886 units within a mixed use building shall be permitted, provided 887 however, that no such sign shall exceed eight (8) square feet of 31 888 surface area, and that the number of signs shall be limited to 889 one (1) sign at street level at each principal entrance. Such 890 sign shall not count against sign area otherwise permitted for 891 multi -family dwellings. 892 (k) Public or private parking structures and parking 893 garages may have one (1) sign per vehicle entrance and two (2) 894 additional signs. Such -signs shall have no more than seventy- 895 five (75) square feet of surface area and shall identify the 896 building on which they are located as a parking structure or 897 parking garage. 898 {j- The -e f this —se etien—shalThe Ele emeel t o be 899 severable, 900 , 901 remain in fz:ul:l feree and of f eet and its validity shall remain 902 unietpaired. 903 COMMENT 904 905 This section revises sign requirements in the RT-2 Resort Torist District by allowing one 906 small sign (not exceeding 8 square feet) identifying the residential component of a mixed -use 907 building and by allowing additional signs for parking garages. 908 909 910 Sec. 1514. Off-street parking regulations. 911 (a) Parking shall be required for hotels and motels in the 912 RT-2 Resort Tourist District in accordance with section 203.7- 913 Parking shall be required for multi -family dwellings as 32 914 specified in Section 203, but shall not be required for other 915 uses or structures within the district. 916 (b) Areas devoted to parking of vehicles shall comply with 917 the applicable provisions of the Oceanfront ResortArea Design 918 Guidelines. 919 (c) Parking requirements for uses within the RT-2 Resort 920 Tourist District may be satisfied by any one, or a combination 921 of, the following: 922 (1) On -site parking; 923 (2) Off -site parking facilities, as set forth in 924 section 1511 of this ordinance; or 925 (3) Public parking, if the Planning Director 926 determines (a) that there is at least a sufficient 927 number of public parking spaces located within one- 928 thousand (1,000) feet of the proposed use to meet 929 public parking demands; (b) that such public parking 930 spaces are not used to satisfy the parking 931 requirements of any other use, and (c) that the use of 932 such public parking spaces to satisfy the parking 933 requirements of the proposed use, either wholly or 934 partially, is warranted in light of the following 935 considerations: 936 (A) The extent to which the proposed use 937 advances the goals and objectives of the RT-2 33 938 Resort Tourist District and the Oceanfront Resort 939 Area Plan; 940 (B) The extent to which the proposed use 941 conforms to the provisions of the Oceanfront 942 Resort Area Design Guidelines; and 943 (C) The amount of the projected tax revenue to 944 be generated by the proposed use and 945 improvements. 946 COMMENT 947 948 This section sets forth off-street vehicular parking requirements in the RT-2 ResortTourist 949 District. It prohibits parking areas from being located between the principal building on a lot and 950 the street and from being located closer to the street than the principal building. 951 952 The section also allows parking requirements to be met through the use of public parking if 953 the Planning Director determines (a) that there is at least a sufficient number of public parking 954 spaces located within one -thousand (1,000) feet of the proposed use to meet public parking 955 demands; (b) that such public parking spaces are not used to satisfy the parking requirements of 956 any other use, and (c) that the use of such public parking spaces to satisfy the parking requirements 957 of the proposed use, either wholly or partially, is warranted in light of the factors specified in Lines 958 932-941. 959 960 961 962 Sec. 1515. Maximum density ratings Density. 963 (a) For purposes of determining the maximum allowed 964 density for multifamily dwellings, hotels, and motels, in 965 addition to the area of the zoning lot on which the use is to be 966 located, the area of any other lot under common ownership with 967 such zoning lot and separated from such zoning lot by a public 968 street of no more than one hundred (100) feet in width shall be 969 included. 34 970 (b) The maximum density for hotel and motel development 971 shall be eighty (80) lodging units per acre, and for multi- 972 family dwellings twenty-four (24) units per acre. Density shall 973 be established based on the entire zoning lot, even if partially 974 occupied by other principal uses or conditional uses except that 975 no parcel may simultaneously receive density credit for both 976 lodging units and multifamily dwelling units. 977 COMMENT 978 The amendment specifies that, in determining the maximum density allowed for 979 hotels/motels and multi -family dwellings in the RT-2 District, the area of any other lot under 980 common ownership with the zoning lot on which the use is located, and separated from such zoning 981 lot by a public street of no more than one hundred (100) feet in width, shall be included. 982 983 984 Sec. 1516. Desired design features and ineentives. Performance 985 Standards and Incentives. 986 987 A;--Fer these :uses whieh ineerperate all of the fellewineff 988 desired design f e a `, . 990 square feet. 991 (2-)Set-beek frefa east west streets of at least en 992 (4$) feete—oPith area landseapee—in?-eaeL-danee wi 993 the landseaping, ser-een±ng --air'' h^ f f=- ing 994 speeif itatiens and st a as . 995 The—faamifnuffi density ef h e t e l and metze! use shall ene 997 ire ze! and fne'~ el use shall he se -very five (75) feet prr ia=e r-- 35 gabeve seventy--Tfive (�75-y--r����r= 1000 1002 height —mobeye—se3yxentu five (7.5)--feet=. Thefnamifaidttt density --ifer- 1003 ffil3-itifafslydwellings shall be thi rt jr (39) units pei- aere 1004 (b)—Tee-- these useszn ear-- n rrpei-afee—all—e f the desired 1005 design features etitlifrea in be o=e—and in ueldtien to 1006 the fel -- 1008 feet. 1009 1010 (15) eet with the area landseapes- in aeeeidanee—w-itk 1011 1012 s p ee i f i eatients and standards. 1013 The faamlfaufft density o f h et-e l and --me t e l use shall be ene 1014 hundiced twenty (, 2()) ledgingunits jqeL=—aerrF — the ma.,iTmum --height 1015 few—hete1 and motel use hi 1 be seventy F' e---(TS)Teet 1016 preveled, hewever, the maximufa height shall be enehu=dr-ed-r9)- 1017 fit i f all: peictiens e€ the—buidirig-beve seventy five --(7-5 ) 1018 feet inheight are set from the eastent—prep,-tl line at 1019 least ene (9:) feet= fei- eaeh efte and—ene h , F (, , 42) feet of 1020 1021 deneity—ef fflult i f -gym i 1 j dwelling ase shall be thirty sim i 3 6 1022 dwellings Kul 1023 To achieve the legislative intent of the RT-2 Resort 1024 Tourist District and the goals and objectives expressed in the 1025 Oceanfront Resort Area Plan, multi -family residential 1026 development within mixed use development and hotel and motel 1027 development within the RT-2 District should strive to comply 1028 with the criteria provided in the Oceanfront Resort Area Design 1029 Guidelines. As an incentive to develop lots within the RT-2 1030 District in a compatible and appropriate manner, compliance with 1031 the criteria of the design guidelines and to the additional 1032 provisions below shall result in allowed deviations to density 1033 requirements of this ordinance. Determination of compliance with 1034 the criteria provided below shall be made by the Director of 1035 Planning or his or her designee. Any appeal by the applicant of 1036 the determination of compliance by the Director of Planning 1037 shall be to the City Council. 1038 (a) Multi -family residential. 1039 (1) The maximum density of multi -family dwellings 1040 that are on a zoning lot with a minimum lot size 1041 of 30,000 square feet shall be 30 dwelling units 1042 per acre. 1043 (2) The maximum density of multi -family dwellings 1044 that are on a zoning lot of at least 45,000 1045 square feet and meet the provisions of the Resort 37 1046 Area Design Guidelines shall be 36 dwelling units 1047 per acre. 1048 (3) The maximum density of multi -family dwellings 1049 that meet the provisions of both subsection (2) 1050 above and that have all required parking spaces 1051 contained within an on -site parking structure 1052 designed consistent with the Resort Area Design 1053 Guidelines located on the same zoning lot as the 1054 development shall be 60 dwelling units per acre 1055 and the maximum height shall be one hundred (100) 1056 feet. 1057 (b) Hotels and motels. 1058 (1) For hotel and motel use located on a zoning lot 1059 of at least 30,000 square feet and which meets 1060 the criteria of the Resort Area Design 1061 Guidelines, the maximum density of hotel and 1062 motel use shall be one hundred (100) lodging 1063 units per acre. The maximum height for such hotel 1064 and motel use shall be seventy-five (75) feet 1065 provided, however, the maximum height shall be 1066 one hundred (100) feet if all portions of the 1067 building above seventy-five (75) feet in height 1068 are set back from the eastern property line at 1069 least one (1) foot for each one and one-half (1 38 1070 1/2) feet of additional height above seventy-five 1071 (75) feet. 1072 (2) The maximum density of hotel and motel uses on a 1073 zoning lot of at least 45,000 square feet, where 1074 required parking is located on -site within a 1075 parking structure, and which meets the provisions 1076 of the Oceanfront Resort Area Design Guidelines 1077 shall be one hundred twenty (120) lodging units 1078 per acre. The maximum height for such hotel and 1079 motel use shall be seventy-five (75) feet 1080 provided, however, the maximum height shall be 1081 one hundred (100) feet if all portions of the 1082 building above seventy-five (75) feet in height 1083 are set back from the eastern property line at 1084 least one (1) foot for each one and one-half (1 1085 1/2) feet of additional height above seventy-five 1086 (75) feet. 1087 COMMENT 1088 This section replaces the existing provisions relating to design features and incentives with 1089 expanded ones. Density increases are tied to conformity with the Resort Area Design Guidelines, 1090 lot size and the provision of on -site parking garages. 1091 1092 . . . . 1093 1094 1095 39 1096 C. RT-3 RESORT TOURIST DISTRICT 1097 1098 Sec. 1520. Legislative intent. 1099 1100 The purpose of the RT-3 Resort Tourist District is to provide 1101 areas fer reseLct hetels and apprelpriate, eic 1102 eemplementary uses genei=ally in the area west ef Paeifie Avenue 1103 1104 it is EuL-ther the intent ef this distriet te fester geed de9±'*qR 1105 and develepment patterns threugh the use_ef ineentiv an area 1106 for a mixture of uses primarily devoted to resort and 1107 complementary resort uses that promote convention, 1108 entertainment, residential, civic and related activities, 1109 increase the economic tax base, protect and leverage public 1110 investment with private investment, ensure land use 1111 compatibility with existing residential areas, ensure good 1112 pedestrian movement systems, and provide exceptional design 1113 1114 1115 quality. Development in this use and design goals district shall advance Resort Area land and, as expressed in the Comprehensive 1116 Plan, conform to the Oceanfront Resort Area Plan and the 1117 Oceanfront Resort Area Design Guidelines, and shall be 1118 appropriate in use and design to its proximity to Naval Air 1119 Station Oceana. 1120 COMMENT 1121 40 1122 This section revises the intent of the RT-3 Resort Tourist District so as to be consistent with 1123 the goals of the 2005 Oceanfront Resort Area Plan. 1124 1125 1126 Sec. 1521. Use regulations. 1127 1128 , 1129 , 1130 1131 shall new : }`'edit -any pertiear-ei the distLeiect 1132 G.5) Antennas, buildingfaeunted; 1133 (1) A— awe r ; , and assembly ��_ 1134 (2) Beat s ales ; 1135 (3) Business 'Cidies, ef f tees, elinies and eai , 1136 1-abeL-at-er-i es; 1137 (h-) Bieye-le rental st..,.., . ^h...ent ,. 1139 -(-6) Reserved; 1140 (- 7) Ge eL-eial reereat--i•enaeiiit ies ether 't�iair these aFr 1141 an -deer-deenature; 1142 1143 utt-aehea and -attae ed 1144 (9) Bat ing and drinking establishments, emeept as 1145 s pee-i-fredi n—subs e et i ei(e)(6), 1146 -(IG) F�-inaneial inst utiens; 1147 (1 ) Ftiner,, hafftes-, 41 1148 -(-12) Mu s e uffi s and alct-9.a l l e r i cs 1149 -(4:3) Gff—si- e parking €e^ilities, pzevieled— he pre=o Wiens 1150 ef sPefaien IS95 are—faeand previdedfurther, —'teat- 1151 parking - struetures shall ve l l ewed e i 1152 e endit=en l ; 1153 ;4:4) P ersena l seicvi ee establishfaentes, i nettding-barber anel 1154 beauty sheps, snee repair sheps, eleaning, dyeing 1155 laundry, pressing, dressfaaking, tai=er--ing and garment 1156 repair sheps with preeessing en -theme es; 1157 (- 5 ) Picio=a-te elubs , led -seem-eel rs , e= 1158 establishments and athletie elubs; 1159 (16) Pub liebuildings and gr-ed=dq-,- 1161 ineluding— effiees;--p3-evict eel sLer-age—er--maintenan 1162 faeitties--shall net be-pei-mitted; and a d 1163 fuEtheE, that utilities , t czra�=-�un5za�=v , erte h a-F3 1164 ifrdioidlual tL-ansfe , shall be s , ...,ded by a 1165 wall, s e l i d-emeep t f ems --^ranee s and emits, e r by 1166 Free --with a- se-rreenin hedge ;v ) ) � g-� g e--�5Tt�e���{6� -=eet- 1167 in }ems vieled--alee t free ' }s fvim 1168 ,3ndergLaeund- dtilities and -the -mike shall reejuii--e-en}y 1169 ,a landseaped-9L-i-een. .g--hedge, selid emeegt-€vim 1170 .xg; 42 1171 (4:8) Retail: establishments, elueling fe he ineidental 1172 1173 pi-emiees; L-etail sales —and r 1174 previ 1175 building materials er yards fer any serap er salvage 1176 1177 1178 parts shall net be allewed, further pi=ev±ded that 1179 adult b a eksteLaes—sz a'� be p r ehib i to d f re#+ , e a t: n 1180 withifive undred (59G) feed e# any apartment e-r 1181 residential distrriet, single ergmultiple family 1182 dl=xg-ehuiFeh, parle elc seheel. 1184 118 5 jr-eeffLbi en with any e f the permitted uses listed -alp eve, 1186 1187 the safne pan —eel with et hei— allewed uses where—�r�'re 1188 fieer area-ef }the-Faulti€-afally dwelling dees net emeeed 1189 1190 entire prejeele; 1191 ( 2 e ) met-els--and he te l s whleh may have -in eenjttfletien-w 1192 theff-any eembinatien ei restaurants, retail a, 1193 ue---anel e en,et-en faei-it-ies , ffeV l ded that uses in 1194 43 1195 than ten (1-0) peieeeiit ef-- the flee L-e—e#al-I 1196 struettire (emeliciElilig parking) lured -en the leered 1197 preyidded further, t5hat drive thi-eugh faeilities-shalT 1198 net be-pei-fa-rtted--ate--a—pr±ne;ral use =ejaof 1199 the—disti-iet east of Aretie—Avenue, setith ef- winst-en 1200 Salefa Avenue -and --4t-h Street, er nerth erf 35}cam.-Street. 1201 (a) The following chart lists those uses permitted within 1202 the RT-3 Resort Tourist District as either principal uses, as 1203 indicated by a "P" or as conditional uses, as indicated by a 1204 "C." Conditional uses shall be subject to the provisions of 1205 Part C of Article 2 (Section 220 et. seg.). Except for single- 1206 family, duplex, semidetached and attached dwellings, buildings 1207 within the RT-3 District may include any principal or 1208 conditional uses in combination with any other principal or 1209 conditional use. No uses or structures other than those 1210 specified shall be permitted. All uses, whether principal or 1211 conditional, should to the greatest extent possible adhere to 1212 the provisions of the Oceanfront Resort Area Design Guidelines 1213 1214 Use RT-3 1215 Antennas, building -mounted p 1216 Auditoriums and assembly halls p 1217 Automobile and small engine repair establishments, 1218 provided that all repair work shall be performed 1219 within a building C 44 1220 1221 Automobile service stations 1222 Boat Sales 1223 Bed and Breakfast Inns 1224 Business studios, offices, clinics and medical 1225 laboratories 1226 1227 Bicycle rental establishments, but only east of Arctic 1228 Avenue 1229 1230 Child care and child care education centers 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 rbIire-' hac Commercial parking lots, parking garages, parking structures and storage garages Commercial recreation facilities other than those of an outdoor nature Dormitories for marine pilots C P C P C P C C C C Drive -through facilities of financial institutions, provided the lot on which the use is located is at least 100 feet from any lot zoned Residential or Apartment C Drive -through facilities other than those associated with financial institutions, but not as a principal use within the area east of Birdneck Road, south of Winston Salem Avenue and 4th Street, or north of 35th Street, and provided further that the lot on which the use is located is at least 100 feet from anv lot zoned Residential or Apartment Dwellings, additions to single-family, duplex, semi- detached, and attached Dwellings, single-family and duplex, but only in the area east of Parks Avenue and west of Arctic Avenue on 18t Street, 20t Street, 21st Street, and nci Street, and provided further that such dwellings should be consistent with the provisions of the Resort Area Design Guidelines C W Q 45 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 Dwellings, multi -family within a mixed -use development, on lots contiguous to 17th Street (Virginia Beach Boulevard), 19th Street or Pacific Avenue, provided that such dwelling units shall be located above the ground floor of the building containing such units and provided further that said dwellings should be consistent with the provisions of the Resort Area Design Guidelines Dwellings, multi -family, except on lots conticuous to 17th Street (Virginia Beach Boulevard), 19th Street or Pacific Avenue, and provided further that said dwellings should be consistent with the provisions of the Resort Area Design Guidelines and may be part of a mixed - use development Eating and drinking establishments, except as specified below 0 0 0 Eating and drinking establishments where both of the following occur: (i) Alcoholic beverages are served; and (ii) The establishment excludes persons on the basis of age during any part of the day c Financial institutions 1287 Flea markets 1288 Funeral homes 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 Heliports and helistops Home occupations Hospitals and sanitariums Housing for seniors and disabled persons; maternitv Homes Marinas, including facilities for storage and repair of boats and sale of boating supplies and fuel P c P c c c c c 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 c M 1303 1304 Motels and hotels, on lots with a minimum lot size of 1305 20,000 square feet, which may have in conjunction 1306 with them any combination of restaurants, retail 1307 commercial use and convention and conference 1308 facilities, provided that uses in conjunction with 1309 hotels and motels may not occupy more than twenty 1310 (20) percent of the floor area of the floor area of 1311 all structures (excluding parking) located on the 1312 lot, and provided further that the lot on which the 1313 use is located is at least 100 feet from any lot 1314 zoned Residential or Apartment 1315 1316 Museums and art Galleries 1317 Off -site parking facilities in connection with any 1318 permitted or conditional use within the RT-1, RT-2, 1319 or RT-3 Resort Tourist Districts, provided the 1320 requirements of section 1524 are met, the off -site 1321 parking facility is located at least 100 feet from 1322 any lot zoned Residential or Apartment District, and 1323 provided further that all of the following 1324 requirements are met: (a) Parking structures for 1325 such parking facilities shall be allowed only as a 1326 conditional use; (b) Off -site parking facilities 1327 shall be located within one thousand (1,000) feet 1328 from the use they are intended to serve; (c) A 1329 written agreement assuring continued availability of 1330 the number of spaces indicated shall be drawn and 1331 executed, and a certified copy of such agreement 1332 shall be recorded with the clerk of the court. Such 0 IN 1333 agreement shall stipulate that, if such space is not 1334 maintained or space acceptable to planning director 1335 substituted, the use or such portion of the use as 1336 is deficient in number of parking spaces shall be 1337 discontinued. The agreement shall be subject to the 1338 approval of the City Attorney P 1339 1340 Passenger transportation terminals C 1341 Passenger vessels permitted by United States Coast 1342 Guard regulations to carry more than one hundred 1343 forty-nine (149) passengers and used for commercial 1344 purposes C 1345 1346 Personal service establishments including barber and 1347 beauty shops, shoe repair shops, cleaning, dyeing, 47 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 laundry, pressing dressmaking, tailoring and garment repair shops with processing on the premises p Personal watercraft rentals, east of Arctic Avenue and south of Winston Salem Avenue, provided the lot on which the use is located is at least 100 feet from any lot zoned Residential or Apartment C Private clubs, lodges, social centers, eleemosynary establishments and athletic clubs C Public buildings and grounds p Public utilities installations and substations, including offices; provided storage or maintenance facilities shall not bepermitted; 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 Public utility storage or maintenance installations provided the lot in which the use is located is at least 100 feet from any lot zoned Residential or Apartment C Radio and television broadcasting stations, cellular antenna and line -of -sight relay devices C Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis C Retail establishments, provided that adult bookstores shall be prohibited from locating within five hundred (500) feet of any Apartment or Residential zoning district, single- or multiple -family dwelling, church, park, or school p Satellite wagering facility C m 1391 (b) Accessory uses and structures: Uses and structures 1392 which are customarily accessory and clearly incidental and 1393 subordinate to the principal uses and structures; provided, 1394 however, that drive -through facilities shall not be permitted as 1395 an accessory use: 1396 (1) An accessory activity operated for profit in a 1397 residential dwelling unit where there is no change in 1398 the outside appearance of the building or premises or 1399 any visible or audible evidence detectable from 1400 outside the building lot, either permanently or 1401 intermittently, of the conduct of such business except 1402 for one (1) nonilluminated identification sign not 1403 more than one (1) square foot in area mounted flat 1404 again against the residence; where no traffic is 1405 generated, including traffic by commercial delivery 1406 vehicles, by such activity in greater volumes than 1407 would normally be expected in the neighborhood, and 1408 any need for parking generated by the conduct of such 1409 activity is met off the street and other than in a 1410 required front yard; where the activity is conducted 1411 on the premises which is the bona fide residence of 1412 the principal practitioner, and no person other than 1413 members of the immediate family occupying such 1414 dwelling unit is employed in the activity; where such 49 1415 activity is conducted only in the principal structure 1416 on the lot; where there are no sales to the general 1417 public of products or merchandise from the home; and 1418 where the activity is specifically designed or 1419 conducted to permit no more than one (1) patron, 1420 customer, or pupil to be present on the premises at 1421 any one time. The following are specifically 1422 prohibited as accessory activities: Convalescent or 1423 nursing homes, tourist homes, massage or tattoo 1424 parlors, body piercing establishments, radio or 1425 television repair shops, auto repair shops, or similar 1426 establishments. 1427 1428 (c) Proposed conditional uses shall be consistency with the following criteria regarding evaluated general for land 1429 use, transportation, and aesthetic provisions in order to 1430 further the legislative intent of the RT-3 District and the 1431 goals of the Comprehensive Plan and Oceanfront Resort Area Plan• 1432 1433 (1) Any development or should contribute redevelopment in to creating an this area attractive 1434 wholesome family resort destination: 1435 (2) The use should be consistent with the resort area 1436 goal to promote a safe, day and night, year round 1437 resort destination; All 1438 (3) The use and structure should complement resort 1439 activity centers and corridors and advance the 1440 area's public and private investments; 1441 (4) All development and other physical improvements, 1442 such as landscaping, signs, lighting, and other 1443 similar elements should strive to achieve a high 1444 level of design excellence and contribute to a 1445 quality image as expressed in the Oceanfront 1446 Resort Area Design Guidelines; 1447 (7) All transportation improvements should be 1448 designed to shift the dominant transportation 1449 mode in the area from vehicular to pedestrian and 1450 transit; and 1451 (8) The use should be appropriate for both local 1452 residents and visitors to the area. 1453 —(e) Genditienal usesandeti!=uetuzzes., Uses cand Sti—detc— 14 5 4 h eLaeina€te -r sp a e i €i ed , s ub j ee t t e—eemp l i anee with the 1455 1456 1457 1458 the —a-istr=et—east of Aretie— Avenue, seut-h of W;ns}en Salem 1459 AFee nu a —and 4 t h Sweet, er nerth—e f; 5 t—stLaeet 51 1460 1461 1462 within a building; 1463 1464 there iS an ads ein ingresi-dentiar—eIC apart ,eRt- 1465 elistL-iet wither ixze e gf street, alley er 1466 permanent epen spaee ever twenty five --(2 5) zee 1467 1468 have adj eent frnntyarRs, a siae iaet_ seliel--fefree 1469 Shall separate the auemeb ie-erov a e stat=en use f rem 1470 the adj aeent rem -ielentiel-E-ist-Lci t and ne greuRel - sign 1471 shall he -within f i f t y (r)rTeet=--ef ire --residential e-r- 14 7 2 apartment drs cif et; 1473 ('LG) wed and r-ea Paz-f-s, 14 7 4 r 3 ) Gar wash faeilities, p ded that 1475 -F-} —sae water p-edtie et4-by a etivit ie s en the eening I e*-- 1476 shall be perfaittedfefail-ttpeF, el- a �aeresg 1477 ipublram streets -eLa sidewalks e F cruet 1478 1479 (ir) A ma:nimuffi ef three—(3) eff-street parking spaees 1480 few-at}tnmebi l es shall hejq=evideb-Tee- e eh ea 1481 washs ^—jai within the f„ei l r, 1482 (4)----Ghui-ehe s-; 52 1483 (4.5) Gefffmereial-pi g lets, 14 8 4 sticueturee--ate} , 1485 (5)- Dermiteries-€ems mai-ine ril t-, 1487 stit t 1489 fellewi:ngeeti 1490 -(i) Aleehe4-rebeverages are served; 1491 ' ')The establishment exeludes- aersens en the basis 1492 ef—age —ring any part of the --ela-¢; 1493 (6 :'' Flea rleets _ I 1495 1496 hemes, ehild ewe—eent e ms, ether than these e a 1497 under— ^itfaed--pi-ineiper--uses and stLcueturea 1498 here iftabeve 1499 1500 1501 4i) MaLcinas, ineltrdling—€aeilities--€er storage —and re r^ 1502 ef-beats -and sale - ef beating - supplies anel fuel, 1503 (!2)Mini--waL-eheues, preyided that the yaL-d -�sTra11 be 1504 eexp1-e,tely ereesed emeept fer neeessary epenings—fer 1505 1506 sim (6-) fees in height—, 53 1507 (4:2. 5) Gf f—site l9al-kintf faeilities f er- uses-- and 1509 Resert Teuri4t Disi=et, pievidee the requilcefaents e= 1510 see tie n 2 9 3— are Ret ; 1511 -4_) Passenger- trans$ertatien terminals; 1512 —(3-3 ) Passenger Tees s el s perfaitted by united s t ate 1513 Geast 5uai-d regulatiens te-ere=e than ene hundred 1514 f erty nine (14-9) passengers ane - use f er ee�l}ereial 1515 1516 1517 (3:4)---pub li-z^-utility s t a i-age e r maintenanee 1518 stag ,t 1519 - 4:5) Rade and—televisren breadeastiiagstatiens, 1520 1521 ate..---, e 1522 1523 1524 1525 eeune� , prev ded—that, in -- he—develepment of sideh 1526 pLeeperties, safegtiards aiEe—p—e elegy--tepi-es ei-ve--a � 1527 pLaetP et —the existing eharre•eteL--e f a djaeent gL-egaztieT 1528 eme^rt that ridingadefft-aas--and reereatie 1529 eafnpgreunds shall net be all-ewee as a eeladitienal ut& 1530 er—etherwise; 54 1531 —(4:7) Satellite fa-il_t.. -1 1532 COMMENT 1533 1534 This section revises the list of permitted and conditional uses in the RT-3 Resort Tourist 1535 District by adding and modifying uses, consistent with the goals of the Oceanfront Resort Area 1536 Plan. In particular, the amendment eliminates the requirement that multi -family dwellings be 1537 developed only in conjunction with nonresidential uses that occupy at least 30% of the floor area of 1538 the building throughout most of the RT-3 District (multi -family dwellings adjacent to 17`h and 191h 1539 Streets and Arctic and Pacific Avenues must be within a mixed -use building under the 1540 amendments). 1541 1542 The amendment also allows single-family dwellings and duplexes in the area east of Parks 1543 Avenue and west of Arctic Avenue on 18`h Street, 20`h Street, 21" Street, and 22°d Street. 1544 1545 The section has also been re -formatted to be consistent with the format found in the rest of 1546 the zoning ordinance. 1547 1548 1549 Sec. 1522. Dimensional requirements. 1550 (a) The following chart lists the requirements within the 1551 RT-3 Resort Tourist Districts for minimum lot area, width, and 1552 yard spacing for all commercial and mixed uses and structures. 1553 (1) Minimum lot area: Five thousand (5,000) square feet; 1554 provided, however, that mixed use structures containing 1555 lodging units or multi -family dwellings shall meet all 1556 applicable requirements of subsection (b), pertaining to 1557 lodging units, or subsection (c), pertaining to multi- 1558 family dwellings. 1559 (2) Minimum lot width: Fifty (50) feet. 1560 (3)--Minimum setbaele fei- any yard to a neith se 1561 StEcee�­ Ten 49) feet. 55 1562 (4) Minimum setback for any yard adjacent to a street: 1563 Zero (0) feet. 1564 (5) Maximum setback for any yard adjacent to a street- 1565 Twenty (20) feet. 1566 4.4}(6) Minimum side yard: Zero (0) feet. 1567 {S-�-(7) Minimum rear yard setback: Zero (0) feet. 1568 (b) The following chart lists the requirements within the 1569 RT-3 Resort Tourist District for minimum lot area, width, and 1570 yard spacing for lodging uses and structures. 1571 (1) Minimum lot area: Twenty thousand (20,000) square 1572 feet. 1573 (2) Minimum lot width: Seventy (70) feet. 1574 (3 ) Minimum set-h-ae £el- El Ad j aeent-t-9-cc- Fierth south 1575 steet: Ten (ig) feet. 1576 (4) Minimum setback for any yard adjacent to a street 1577 ethei- than a neLcxti3—seuth T� 3 - - T��y—fLe (5� five Ten 1578 (10) feet. 1579 (5) Maximum setback for any yard adjacent to a street: 1580 Twenty (20) feet. 1581 {5}(6) Minimum side yard setback except when adjacent to a 1582 street: Twenty (20) feet. 1583 {6}(7) Minimum rear yard setback except when adjacent to a 1584 street: Twenty (20) feet. 91-1 1585 (c) The following chart lists the requirements within the 1586 RT-3 Resort Tourist District for minimum lot area, width, and 1587 yard spacing for multiple -family dwellings: 1588 (1) Minimum lot area: Twenty Fourteen thousand `29,ter 1589 (14,000) square feet. 1590 (2) Minimum lot width: Two -hundred (200) feet. 1591 (3) Minimum setback for any yard adjacent to a neon 1592 street: T-en(19) Zero (0) feet. 1593 (4) MZT1Zmum Maximum setback for any yard adjacent to a 1594 street ether than nert-9eu�-9ti. reed : Thirty 1595 feet Twenty (20) feet 1596 (5) Minimum side yard setback except when adjacent to a 1597 street: Eight (8) feet. 1598 (6) Minimum rear yard setback except when adjacent to a 1599 street: Ten (10) feet. 1600 (d) The following chart lists the requirements within the 1601 RT-3 Resort Tourist District for lot area, width, setbacks and 1602 lot coverage for additrens te existing single-family and duplex 1603 dwellings and additions to existing semi-detached dwellings. The 1604 site and building design of such dwellings should adhere to the 1605 provisions of the Old Beach Design Guidelines as applicable to 1606 single-family and duplex dwellings: 57 1607 (1) Minimum lot area: 5,000 square feet for 1608 single-family dwellings and 10,000 square 1609 feet for duplex dwellings. 1610 (2) Minimum lot width: Fortv (40) feet for 1611 single-family dwellings and seventy-five 1612 (75) feet for duplex dwellings. 1613 444 (3)Minimum front yard setback, and provided 1614 further that there shall be no vehicle 1615 parking in the front yard: Thirty (3 9 1616 Twenty (20) feet. 1617 42+(4)Except as provided herein or by the 1618 provisions of sections 1526(a)(3), (a)(4) or 1619 (a)(5), Minimum minimum side yard setback 1620 except when adjacent to a street or 1621 driveway: Eight (8) feet. 1622 (5) Except as provided in section 1526(a)(4), 1623 minimum side yard setback for any portion of 1624 a structure located adjacent to a drivewav: 1625 Twelve (12) feet. 1626 (6) Minimum side or rear yard setback for 1627 accessory structures no larger than 150 1628 square feet in area and with an eave height 1629 no greater than 8 feet except when adjacent 1630 to a street: Five (5) feet. �? 1631 (7) Except as provided in sections 1526(a)(3), 1632 (a)(4), and (a)(5) minimum side yard setback 1633 adjacent to a street: Twenty (20) feet. 1634 (8) Minimum rear yard setback except for 1635 accessory structures: Twenty (20) feet. 1636 (9) Except as provided in subdivision (6), 1637 minimum rear vard setback for accessory 1638 structures, including garages and carports: 1639 Ten (10) feet 1640 (10) Maximum lot coveraqe: Forty (40) percent 1641 (11) The uppermost story or building level above 1642 the first story or building level of any new 1643 structure or addition to an existing single- 1644 family or duplex structure shall provide a 1645 stepback, wherein at least 35 percent of the 1646 total length of the exterior wall of the 1647 uppermost story or building level is set 1648 back a minimum of three (3) feet from the 1649 exterior wall directiv below it. The lencrth 1650 of uppermost story exterior wall set back a 1651 minimum of three (3) feet to meet the 1652 requirement above may be divided into 1653 multiple sections of varying length that are 1654 not conticruous to each other. For the 59 1655 purposes of this section, uppermost story or 1656 building level does not include living area 1657 completely contained within the roofed area 1658 of the structure. 1659 (3 ) minif uffi side 1-d—setbaek when --adj agent—te--a strcctr— 1660 TML—ty -(30) feet 1661 1662 etdR s Twenty (2�)-feet. 1663 -(( 5) minimum—reyard se baek f er aeeessseicy strideturcT 1664 Ten (19 )--€eel . 1665 -(ti)--Aar-?ieifmam let eeverage: Thi=-ty five-(3S)-pei-eent.- 1666 (e) The following chart lists the requirements within the 1667 RT-3 Resort Tourist District for setbacks and lot coverage for 1668 additions to existing attached dwellings: 1669 (1) Minimum front yard setback: Thirty (30) feet. 1670 (2) Minimum front yard where all parking is provided in 1671 the rear: Fifteen (15) feet. 1672 (3) Minimum side yard for exterior lots when not adjacent 1673 to a street: Ten (10) feet. 1674 (4) Minimum rear yard except for accessory structures: 1675 Twenty (20) feet. 1676 (5) Minimum rear yard for accessory structures: Five (5) 1677 feet. 1678 (6) Maximum lot coverage: Forty (40) percent. .E 1679 (f) Maximum height: 1680 (1) The maximum height for single-family and duplex 1681 dwellings and additions to existing semi-detached or 1682 attached dwellings shall be thirty-five (35) feet. 1683 {4+(2) Where a zoning lot within the RT-3 Resort Tourist 1684 District adjoins the side or rear yard of a zoning lot 1685 in a residential or apartment district without an 1686 intervening street or alley over twenty-five (25) feet 1687 in width or body of water over fifty (50) feet in 1688 width, the following maximum height regulations shall 1689 apply on that portion of the RT 3 zoning lot within 1690 one hundred (100) feet of the adjoining residential or 1691 apartment district. In cases where more than one of 1692 the following apply, the most restrictive shall apply. 1693 (i) When adjacent to Residential Districts, the 1694 maximum height shall be thirty-five (35) feet. 1695 (ii) When adjacent to A-12 or A-18 Apartment 1696 Districts, the maximum height shall be thirty- 1697 five (35) feet. 1698 (iii)When adjacent to A-24 Apartment District, the 1699 maximum height shall be forty-five (45) feet. 1700 (iv) When adjacent to A-36 Apartment District, the 1701 maximum height shall be one hundred and twenty 1702 (120) feet. 61 1703 {2)-(3) The maximum height for hotels and motels within 1704 the RT-3 Resort Tourist District is seventy-five (75) feet. 1705 }�(4) Except as specified in items (1) and (2) 1706 hereinabove, there shall be no maximum height regulations 1707 in the RT-3 Resort Tourist District. 1708 4-4-)-(5) Notwithstanding the above, no building or other 1709 structure shall exceed the height limit established by 1710 section 202(b) regarding air navigation. 1711 COMMENT 1712 1713 This section revises dimensional requirements by adding, modifying, and eliminating 1714 requirements consistent with the goals of the Oceanfront Resort Area Plan and the Comprehensive 1715 Plan. Major themes of the new dimensional requirements include reduced street setbacks for 1716 commercial and mixed uses and setbacks for buildings above the first floor level. The requirements 1717 for single-family dwellings and duplexes are taken from the Old Beach Overlay District, as lot sizes 1718 and the style of development in the Overlay District is similar in character to the development in 1719 RT-3 District. 1720 1721 1722 Sec. 1523. Sign regulations. 1723 In the RT-3 Resort Tourist District, signs shall be 1724 permitted as specified in the RT-2 Resort Tourist District, with 1725 the following additions and exceptions:- 1726 1727 (a) One identifying (1) sign located at the ground level of a the entrance to upper -floor residential building dwelling 1728 units within a mixed use building shall be permitted, provided 1729 however that no such sign shall exceed eight (8) square feet of 1730 surface area, and that the number of signs shall be limited to 1731 one (1) sign at street level at each principal entrance. Such 62 1732 sign shall not count against sign area otherwise permitted for 1733 multi -family dwellings. 1734 (b) Signs on buildinq awninqs shall not be included in 1735 determining the number of building signs permitted, or in 1736 determining permissible sign area, if they meet the following 1737 criteria: 1738 (1) Such siqns are uniform in font, color, size and 1739 style; 1740 (2) Only the name of the establishment appears on the 1741 awning; 1742 (3) There is only one (1) sign per awning; and 1743 (4) Such are no larger than two (2) square feet. 1744 (c) Public or private parking structures and parking 1745 garages may have one (1) sign per vehicle entrance and two (2) 1746 additional signs. Such signs shall have no more than seventy- 1747 five (75) square feet of surface area and shall identify the 1748 building on which they are located as a parking structure or 1749 parking garage. 1750 COMMENT 1751 1752 This section revises sign requirements by elaborating on the existing requirements 1753 consistent with the goals of the Oceanfront Resort Area Plan. With the exception of awning signs 1754 and signs for parking garages, the regulations are the same as apply in the RT-2 Resort Tourist 1755 District. 1756 1757 1758 1759 1760 1761 63 1762 Sec. 1524. Off-street parking regulations. 1763 (a) Parking shall be required for all residential uses and 1764 structures permitted in the RT-3 Resort Tourist District in 1765 accordance with section 203 or by conditional use permit 1766 pursuant to section 1521(e). Parking for residential uses and 1767 structures shall not be located within any required front yard 1768 area. 1769 (b) Parking shall be required for all other uses and 1770 structures in the RT-3 Resort Tourist District as follows: 1771 (1) Structures wherein the entire floor area is 1772 devoted to retail use shall provide one (1) 1773 parking space for every 200 square feet of floor 1774 area; 1775 (2) Structures wherein the entire floor area is 1776 devoted to office use shall provide one (1) 1777 parking space for every 270 square feet of floor 1778 area; 1779 (3) Structures wherein retail and office uses are 1780 mixed and where at least twenty-five percent 1781 (25%) of the total floor area of the structure is 1782 devoted to such mix shall provide 3.5 parking 1783 spaces for every 1,000 square feet of floor area 1784 devoted to such mix. If residential use is also 1785 included in the same structure, additional 64 1786 parking spaces shall be provided at 1.7 parking 1787 spaces per dwelling unit; 1788 (4) All other uses shall provide parking as specified 1789 in section 203; 1790 (5) Areas devoted to parking of vehicles shall not be 1791 located between the principal building on a lot 1792 and the street, nor shall such areas be located 1793 closer to the street than the principal building. 1794 On a lot having frontage on more than one street. 1795 the provisions of this paragraph shall apply only 1796 to the frontage of the street having the wider 1797 right-of-way; and 1798 (6) No driveway shall intersect the street frontage 1799 of a lot when access is available from an 1800 improved alley to serve such purpose; 1801 (c) Parking requirements for uses within the RT-3 Resort 1802 Tourist District may be satisfied by any one, or a combination 1803 of, the following: 1804 (1) On -site parking; 1805 (2) Off -site parking facilities, as set forth in 1806 section 1521 of this ordinance; or 1807 (3) Public parking, if the Planning Director 1808 determines (a) that there is at least a 1809 sufficient number of public parking spaces 65 1810 located within one -thousand (1,000) feet of the 1811 proposed use to meet public parking demands; (b) 1812 that such public parking spaces are not used to 1813 satisfy the parking requirements of any other 1814 use, and (c) that the use of such public parkin 1815 spaces to satisfy the parking requirements of the 1816 proposed use, either wholly or partially, is 1817 warranted in light of the following 1818 considerations: 1819 (A) The extent to which the proposed use 1820 advances the goals and objectives of 1821 the RT-3 Resort Tourist District and 1822 the Oceanfront Resort Area Plan; 1823 (B) The extent to which the proposed use 1824 conforms to the provisions of the 1825 Oceanfront Resort Area Desicrn 1826 Guidelines; and 1827 (C) The amount of the projected tax revenue 1828 to be generated by the proposed use and 1829 improvements. 1830 COMMENT 1831 1832 This section revises parking requirements by elaborating on the standard parking 1833 requirements of Section 203 of the zoning ordinance through the provision of guidance for mixed- 18 3 4 use developments and use of public parking to satisfy parking requirements. The provisions 1835 pertaining to public parking are eseentially the same as have been used in the B-3A Pembroke 1836 Central Business Core District (Town Center), and are employed in the RT-3 District as a means of 1837 allowing land that otherwise would be used for vehicular parking to instead be used for other, more 1838 attractive, uses . 1839 1840 1841 Sec. 1525. Mamimtm density ratings Density 1842 (a) For purposes of determining the maximum allowed 1843 density for multifamily dwellings, hotels, and motels, in 1844 addition to the area of the zoning lot on which the use is to be 1845 located, the area of any other lot under common ownership with 1846 such zoning lot and separated from such zoning lot by a public 1847 street of no more than one hundred (100) feet in width shall be 1848 included. 1849 (b) The maximum density for hotel and motel development 1850 shall be eighty (80) lodging units per acre, and fer Faultj 1851 family dwellings twenty feidLc (2-4-)—units . Density shall 1852 be established based on the entire zoning lot, even if partially 1853 occupied by other principal uses or conditional uses except that 1854 no parcel may simultaneously receive density credit for both 1855 lodging units and multifamily dwelling units. 1856 (c) The maximum density for multifamily dwellings shall be 1857 twenty-four (24) dwelling units per acre. 1858 COMMENT 1859 The amendments to this section revise the manner in which density for multifamily and 1860 hotel/motel development is calculated by allowing the area of lots under common ownership and 1861 separated by a public street of no more than 100 feet in width to be included in the calculation. 1862 1863 1864 1865 1866 67 1867 Sec. 1526. DesirTd—designfeatures and ireenti4,es. performance 1868 Standards and Incentives 1869 1870 rh; _-- 1871 1872 1873 feet. 1874 (2) Setha-ek- -efeast west streetts ef at=- least tenTl-A 1875 feet with a3Fea--lei dseapee eeeL-danee with the 1876 l ands e aging , s g—�a bnfe�g-- f ' t ' ears—�� i 1877 st-... d.,,,.,a... 1878 Natifit hst--anding ende the eentrrarybeve—tn 1879 density of hetel and itete_use —shall be ene- undreel twenty (12-9-�- 1880 ledging units per aeL- . andf ei-'--FRi ltif ami l y ElwellAng5-Z`-.hirt-y 1881 (3 9' tinits per aere. 1882 (b) Fer these tisesh'eh ineerperate all of the—desirrd 1883 design fes - eutlined in (a) --mein e'oTe--aRel ixr-u'l'c�crr i en 1884 to the —fell ewi y 1885 (e` in imufft let S±--- seventy five t=heuand 1886 (? 5 , 99 0) sqctaz-e feet 1887 (d) Get-haeles £refeast west -streets-- of at least 1888 eft (, 5) feet with the —urea lanelseaped—iIn, 1889 aeeer-dan .. with the landscaging--tea 1890 €erH3ej- der F p A 39zrnd-staTdard� ME: 1891 Net -withstanding any pr-evisien to —the eentra} y ab�,the ffiamifni 1892 density ef h et e l and mete! —use --shall be ene—hundred s im0 1893 !edging units per aere and the faamiffttifn density ef fattl:tifamil-y 1894 dwellingsuse shall be thriFty s3m '�) dwelling units jaer—ae 1895 (a) Residential. To achieve compatibility and 1896 appropriateness of residential dwellings to the Resort Area, and 1897 in particular to the adjoining Old Beach, Lakewood, and 1898 Shadowlawn neiqhborhoods, consistent with the historic status of 1899 these neighborhoods and the Oceanfront Resort Area as an early 1900 twentieth - century beach resort community, residential 1901 structures in the RT-3 Resort Tourist District should strive to 1902 comply with the criteria provided in the Old Beach Design 1903 Guidelines, as referenced by the Oceanfront Resort Area Design 1904 Guidelines. As an incentive to develop lots within the RT-3 1905 District in a compatible and appropriate manner, compliance with 1906 the criteria of the design guidelines shall result in allowed 1907 deviations to the dimensional and other requirements of this 1908 ordinance as specified below. Determination of compliance with 1909 the criteria provided below shall be made by the Director of 1910 Planning or his or her designee. Any appeal of the determination 1911 of compliance by the Director of Planning shall be to the City 1912 Council. 1913 (1) Porches. Single-family and duplex dwelling 1914 structures which provide open, unenclosed porches 1915 with a minimum depth of five (5) feet and a 1916 maximum depth of eight (8) feet, as measured from 1917 the exterior wall of the main structure to the 1918 exterior edge of the porch foundation, may have a 1919 front yard setback of 13 feet, as measured from 1920 the exterior wall of the main structure to the 1921 lot line. However, in no case shall the setback 1922 from the lot line to the exterior wall of the 1923 porch foundation be less than eight (8) feet 1924 Further, any open, uncovered second -story porch 1925 located above the first -story porch shall be 1926 setback from the lot line a minimum of at least 1927 10 feet. 1928 (2) Exterior porch stairs for single-family and 1929 duplex structures. Open, unenclosed porches 1930 adjacent to streets or alleys may have exterior 1931 stairs that encroach into a front or rear setback 1932 to within three (3) feet of the lot line. In no 1933 case, shall such stairs exceed six (6) feet in 1934 width. 1935 (3) Side yard setback adjacent to a street for 1936 single-family and duplex structures For 1937 structures satisfying the criteria of the design 70 1938 guidelines, the minimum side yard setback 1939 adjacent to a street may be reduced to 10 feet. 1940 (4) Side yard setbacks for projecting wall planes on 1941 single-family and duplex structures. For 1942 structures satisfying the criteria of the design 1943 guidelines, up to 25 percent of the total length 1944 of the wall of a structure adjacent to the side 1945 lot line may project into the side yard setback. 1946 The minimum setback for such wall projection 1947 shall be five (5) feet, except that if the wall 1948 projection is adjacent to a driveway, the minimum 1949 setback shall be 11 feet. If the wall projection 1950 is adjacent to a street and there is a drivewa 1951 between the property line adjacent to the street 1952 and the wall projection, the minimum setback 1953 shall be 18 feet. If the wall projection is 1954 adjacent to a street and there is no drivewa 1955 between the property line adjacent to the street 1956 and the wall projection, the minimum setback 1957 shall be 8 feet. 1958 (5) Side yard setbacks for garages on lots with 1959 single-family and duplex structures. Any rear- 1960 loaded, side -loaded, or front -loaded garage 1961 recessed a minimum of 40 feet from the front or 71 1962 rear lot line and satisfying the criteria of the 1963 design guidelines may reduce the side yard 1964 setback for the garage to five (5) feet 1965 (6) Porch eave overhangs for single-family and duplex 1966 structures. For structures satisfying the 1967 criteria of the design guidelines pertaining to 1968 open, unenclosed porches fronting on streets or 1969 alleys, any wide eave overhang of such porch, not 1970 exceeding three (3) feet in length from the 1971 outside of the porch column support to the porch 1972 roof fascia shall not count toward the 1973 calculation for lot overage. 1974 (7) Parking area paving. For structures satisfying 1975 the criteria of the design guidelines, parking 1976 spaces with pervious paving material, such as 1977 brick runners and open pavers, may be used to 1978 satisfy on -site parking requirements 1979 1980 (b) Multi -family residential and hotel and motel use. To 1981 achieve the legislative intent of the RT-3 Resort Tourist 1982 District and the goals and objectives expressed in the 1983 Oceanfront Resort Area Plan, multi -family residential 1984 development and hotel and motel development within the RT-3 1985 District should strive to com ly with the criteria provided in 72 1986 the Oceanfront Resort Area Design Guidelines. As an incentive to 1987 develop lots within the RT-3 District in a compatible and 1988 appropriate manner, compliance with the criteria of the design 1989 guidelines and to the additional provisions below shall result 1990 in allowed deviations to density requirements of this ordinance. 1991 Determination of compliance with the criteria provided below 1992 shall be made by the Director of Planning or his or her 1993 designee. Any appeal by the applicant of the determination of 1994 compliance by the Director of Planning shall be to the Citv 1995 Council. 1996 (1) Multi -family residential. 1997 (i) The maximum density of multi -family dwelling use 1998 that meets the provisions of the Resort Area Design 1999 Guidelines on a zoning lot with a minimum lot size of 2000 30,000 square feet shall be 30 dwelling units per 2001 acre. 2002 (ii) The maximum density of multi -family dwelling use 2003 that is located in a mixed use development, meets the 2004 provisions of the Resort Area Design Guidelines, and 2005 that is located on a zoning lot with a lot size of at 2006 least 60,000 square feet, shall be 36 dwelling units 2007 per acre. 2008 (2) Hotels and motels. 73 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 (i) The maximum density of hotel and motel use on a zoning lot with a minimum lot size of 30,000 square feet and that meets the provisions of the Resort Area Design Guidelines shall be 120 units per acre (ii) The maximum density of hotel and motel uses where the lot size is at least 60,000 square feet, required parking is located on the same zoning lot within a parking structure, and the project is designed to meet the provisions of the Resort Area Design Guidelines shall be 160 units per acre. COMMENT This section replaces the existing `design incentive' section used to increase density with new criteria that allow for deviations to the dimensional requirements of the ordinance for residential structures satisfying the criteria of the Old Beach Design Guidelines. The deviations are provided as an incentive for structures to include in their design the recommended design enhancements suggested in the Guidelines. This section also provides for deviations to the allowed maximum density for multi -family residential dwellings and hotels and motels as an incentive for developments to meet certain criteria that work to achieve the goals of the Oceanfront Resort Area Plan. Adopted by the Council of the City of Virginia Beach, Virginia, on the APPROVED AS TO CONTENT: Planning Department day of 2005. APPROVED AS TO LEGAL SUFFICIENCY: �v 1 City Attorney's Office 74 CA-9816 OID\ordres\RTord.doc R-5 December 14, 2005 75 I AN ORDINANCE REVISING DENSITY 2 RESTRICTIONS IN THE RT-3 (LRG) LASKIN 3 ROAD GATEWAY OVERLAY DISTRICT 4 5 Sections Amended: City Zoning 6 Ordinance § 1542 and 1543 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 1542 of the City Zoning Ordinance, pertaining 11 to density restrictions in the RT-3(LRG) Laskin Road Gateway 12 Overlay District, is hereby amended and reordained, to read as 13 follows: 14 ARTICLE 15. RESORT TOURIST DISTRICTS 15 - 16 E. RT-3(LRG) LASKIN ROAD GATEWAY OVERLAY 17 DISTRICT 18 19 . . . . 20 Sec. 1542. Use regulations. 21 (a) Principal uses and structures. Subject to general 22 requirements and to the regulations of the RT-3 Resort Tourist 23 District, all uses and structures permitted as principal uses in 24 the RT-3 Resort Tourist District shall be permitted as principal 25 uses within the Laskin Road Gateway Overlay District; provided 26 that: 27 (1) Multifamily dwelling units on lots abutting 28 Laskin Road shall be allowed only in combination 1 29 with one or more other permitted uses occupying 30 the ground or first floor of the building in 31 which the multifamily dwelling units are located. 32 Such other uses shall have, singly or in 33 combination, an occupancy frontage equivalent to 34 no less than seventy-five per cent (75%) of the 35 frontage of the lot on Laskin Road. For purposes 36 of this section, "occupancy frontage" means the 37 exterior length of that portion of a building 38 occupied by a retail, office or other non- 39 residential use having at least one (1) exterior 40 public entrance—; and 41 2) Mu I t if a m; l dwellings y Shall net be subjeel a --the 42 p Bens---ef Seetien 4:529: (a) of th-i-s 43 Ai-dinanee 44 (2) Buildings containing multifamily dwelling units 45 should adhere to the Laskin Road Gateway Design 46 Guidelines. 47 48 COMMENT 49 50 The amendment eliminates a reference to Section 1521, as the referenced provision is 51 eliminated by a separate ordinance amendment. 52 0 53 Sec. 1543. Dimensional requirements; density 54 Dimensional requirements and maximum density for uses and 55 structures located within the Laskin Road Gateway Overlay 56 District shall be as specified in the RT-3 Resort Tourist 57 District; provided, however, that: 58 (a) The maximum density for multifamily dwellings located 59 on zoning lots west of Arctic Avenue shall be: 60 (1) Eighteen (18) dwelling units per acre on zoning 61 lots having an area of 20,000 square feet; 62 (2) Twenty-four (24) dwelling units per acre on 63 zoning lots having an area greater than 20,000 64 square feet and less than 2 acres; and 65 (3) Thirty-six (36) dwelling units per acre on zoning 66 lots having an area greater than 2 acres. 67 68 (b) on zoning The maximum density lots east of Arctic for multifamily Avenue shall be dwellings located twenty-four (24) 69 dwellinq units per acre or as follows based on consistency with 70 the specified criteria. Determination of compliance with the 71 criteria provided below shall be made by the Director of 72 Planning or his or her designee. Any appeal of the 73 determination of compliance by the Director of Planning shall be 74 to the City Council: 3 75 (1) The maximum density of multi -family dwellings 76 that are on a zoning lot with a minimum lot size 77 of 30,000 square feet shall be 30 dwelling units 78 per acre. 79 (2) The maximum density of multi -family dwellings on 80 a zoning lot of at least 45,000 square feet and 81 within a mixed use development and that meet the 82 provisions of the Resort Area Design Guidelines 83 shall be 36 dwelling units per acre. 84 (3) The maximum density of multi -family dwellings 85 that meet the provisions of subsection (2) and 86 that have all required parking spaces contained 87 within an on -site parking structure consistent 88 with the Resort Area Design Guidelines and 89 located on the same zoning lot as the development 90 shall be 60 dwelling units per acre, and the 91 maximum height shall be One Hundred (100) feet 92 44a-)-(c) Density shall be determined based on the area of 93 the entire zoning lot, even if such lot is partially occupied by 94 other principal uses or conditional uses, except that no parcel 95 may simultaneously receive density credit for both lodging units 96 and multifamily dwelling units; and H 97 4-e3-(d) For purposes of determining the maximum allowed 98 density for multifamily dwellings, in addition to the area of 99 the zoning lot on which the multifamily dwelling is to be 100 located, the area of any other lot under common ownership with 101 such zoning lot and separated from such zoning lot by a public 102 street of no more than one hundred (100) feet in width shall be 103 included. 104 �d-)-(e) The planning director may allow reduced setbacks on 105 any zoning lot when: 106 (1) The proposed development for which the reduced 107 setback is sought is of a type and quality 108 consistent with the standards set forth in the 109 comprehensive plan and the Laskin Road Gateway 110 Design Guidelines; and ill (2) The proposed development does not include any 112 buildings or parcels that are not visually and 113 functionally integrated into the entire 114 development. 115 4-e-)-(f) Applications for a reduced setback shall include 116 a detailed plan of development and streetscape plan showing the 117 relationship of all existing and proposed buildings, pedestrian 118 improvements, sidewalks, parking areas, site landscaping and 119 other physical improvements, and such other information as the 5 120 planning director may require as being necessary to determine 121 whether the application meets the criteria set forth in this 122 subsection. 123 4-f4 (g) In the event the planning director denies an 124 application for reduced setbacks pursuant to this subsection, 125 the applicant may appeal such denial to the city council within 126 twenty-one (21) days of the date on which the application was 127 denied. 128 fig} (h) The maximum height for buildings and structures 129 shall be seventy-five (75) feet, and no building or other 130 structure shall exceed the height limit established by section 131 202(b) regarding air navigation. 132 133 COMMENT 134 135 The changes provide revised density maximums for multi -family development in the eastern 136 portion of the RT-3(LRG), consistent with the Resort Area Plan, if such development meets 137 specified criteria. 138 139 Adopted by the Council of the City of Virginia Beach, 140 Virginia, on thee day of , 2005. APPROVED AS TO CONTENT: �jl, 12-ir-05, Planning Department CA-9814 OID\ordres\LaskinRoadGatewayord.doc R-4 December 14, 2005 APPROVED AS TO LEGAL SUFFICIENCY: �)664� City Attorney's Office 1 AN ORDINANCE ESTABLISHING THE OLD BEACH 2 OVERLAY DISTRICT 3 4 Section Amended: City Zoning Ordinance 5 § 102 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 102 of the City Zoning Ordinance is hereby 10 amended and reordained, to read as follows: 11 Section 102. Establishment of districts and official zoning 12 maps. 13 (a) In order to carry out the purposes and provisions of 14 this ordinance, the following districts are hereby established 15 and are hereby listed in order from most restrictive to least 16 restrictive: 17 . . . . 18 (a1) Izadd!4�j:-en—t-e } e distrie s enuffteLcateein 19 roc -tier (a) , theice There is hereby established the Shore 20 Drive Corridor Overlay District. Such district shall be 21 designated on the official zoning map by the notation "(SD)" 22 following the designation of the underlying zoning district. As 23 an illustration, property in the Shore Drive Corridor Overlay 24 District and in the B-4 Mixed Use District shall be designated 25 on the official zoning map as having the classification "B- 26 4 (SD) ." 27 ( a 2) in ad dit-i-en 4� e;�he—ei �: s =ems 4 ed 28 s��see:�ien (a) ;4�lier-e There is hereby established, as an overlay 29 district within the RT-3 Resort Tourist District, the Laskin 30 Road Gateway Overlay District. Such district shall be designated 31 on the official zoning map as "RT-3(LRG)." 32 (a3) There is hereby established the Old Beach Overlav 33 District. Such district shall be designated on the official 34 zoning map by the notation "(OB)" followinq the designation of 35 the underlying zoning district. As an illustration, property in 36 the Old Beach Overlay District and in the R-5D Residential 37 Duplex District shall be designated on the official zoning ma 38 as having the classification "R-5D(OB)." 39 . . . . 40 COMMENT 41 The amendments establish the Old Beach Overlay District as a zoning overlay district and 42 make technical corrections to subsections (al) and (a2). 43 44 45 Adopted by the Council of the City of Virginia Beach, 46 Virginia, on the day of , 2005. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUF ICIENCY: Planning Department City Attorney's Office CA-9813 OID/ordres/O1dBeachOverlay102ord.doc November 28, 2005 R-1 1 AN ORDINANCE TO AMEND THE OFFICIAL 2 ZONING MAP BY THE ADDITION OF THE 3 OLD BEACH OVERLAY DISTRICT 4 WHEREAS, the City Council has this date established the Old 5 Beach Overlay District as a zoning overlay district and has 6 adopted regulations applying therein; and 7 WHEREAS, in order to define the geographic limits of the 8 Old Beach Overlay District, it is necessary to amend the 9 official zoning map of the City by delineating the boundaries of 10 such District; and 11 WHEREAS, the public necessity, convenience, general welfare 12 and good zoning practice so require; 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 14 CITY OF VIRGINIA BEACH, VIRGINIA: 15 That the official zoning map of the City of Virginia Beach 16 be, and hereby is, amended to incorporate the Old Beach Overlay 17 District, as shown on a series of sheets marked and identified 18 as such, and which have been displayed before the City Council 19 this date and are on file in the Department of Planning. 20 COMMENT 21 The ordinance amends the zoning map to incorporate the Old Beach Overlay District. 22 23 Adopted by the Council of the City of Virginia Beach, 24 Virginia; on the day of 1 2005. APPROVED AS TO CONTENT: Planning apartment APPROVED AS TO LEGAL SUFFICIENCY: City Attorney s O fice CA- 9803, OID/LandUseordres/OldBeachOverlayMapord.doc November 16, 2005 R-1 1 AN ORDINANCE ESTABLISHING USE 2 REGULATIONS, DIMENSIONAL REQUIREMENTS, 3 DESIGN INCENTIVES, AND THE OLD BEACH 4 DESIGN REVIEW COMMITTEE FOR THE OLD 5 BEACH (OB) OVERLAY DISTRICT 6 Sections Added: City Zoning Ordinance 7 §§ 1900 - 1906 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That the City Zoning Ordinance is hereby amended and 11 reordained by the addition of a new Article 19, consisting of 12 Sections 1900, 1902, 1903, 1904, 1905, and 1906, pertaining to 13 the Old Beach Overlay District, to read as follows: 14 ARTICLE 19. OLD BEACH OVERLAY DISTRICT 15 16 Sec. 1900. Legislative intent. 17 (a) The purpose of the Old Beach Overlay District is to 18 preserve and enhance the historic status of the Old Beach 19 neighborhood as one of the first residential areas within the 20 Oceanfront Resort Area by providing opportunities for both new 21 and redeveloped resort residential development, characterized b 22 single-family cottage -style homes and compatible multiple -family 23 residential dwellings. Furthermore, the Old Beach Desian 24 Guidelines are provided for this district, the purpose of which 25 is to encourage development that is appropriate for the 26 district. 27 COMMENT 28 The amendment sets forth the intent of the City Council in creating the Old Beach 29 Overlay District and notes the purpose of the Old Beach Design Guidelines. 30 Sec. 1901 _ District Rm7 neiari ac 31 The Old Beach Overlay District boundaries shall be as 32 designated on the official zoning map of the city. 33 Comment 34 The section establishes the extent of the Old Beach Overlay District by reference to the 35 official zoning map. 36 37 38 Sec. 1902. Application of Regulations. 39 The designation of any property as lying within the Old 40 Beach Overlay District shall be in addition to, and not in lieu 41 of, the underlying zoning district classification of such 42 property, such that any property situated in the Old Beach 43 Overlay District shall also lie within one or more of the 44 underlying zoning districts enumerated in Section 102 (a) of 45 this ordinance. All such property shall be subject to the 46 requirements of this article as well as to all other regulations 47 applicable to it, and to the extent that any provision of this 48 article conflicts with any other ordinance or regulation, the 49 provision of this article shall control. so COMMENT 51 The amendment provides that property within the Old Beach Overlay District is also 52 subject to the City's other zoning regulations applicable to property in the underlying zoning 53 districts. In the event of a conflict between a specific regulation of the Overlay District and 54 another regulation, the Overlay District regulation controls. 55 Sec. 1903. Use regulations. 56 (a) Principal uses and structures. Subject to general 57 requirements and to the regulations of the underlying zoning 58 districts, all uses and structures permitted as principal uses 59 in the underlying zoning districts shall be permitted as 60 principal uses within the Old Beach Overlav District. In 61 addition, the following use shall be permitted within the Old 62 Beach Overlay District, although not allowed as -a principal use 63 in the underlying zoning district: 64 (1) Single-family dwellings. 65 (2) Ancillary sinqle-family dwellings, located on the same 66 lot as a separate single-family, in the R-SD Residential Duplex 67 District, any Apartment District, and any Resort Tourist 68 District, subject to the requirements of sections 1904 (b) and 69 1905, and provided further that a single lot with a single- 70 family dwelling and an ancillary single-family dwelling shall 71 not be subdivided to create a separate lot for each dwelling. 72 (b) Accessory uses and structures. Subject to general 73 requirements and to the regulations of the underlying zoning 74 district, all uses and structures permitted as accessory uses in 75 the underlying zoning district in which they are located shall 76 be permitted as accessory uses within the Old Beach Overlay 77 District. In addition, the following use shall be permitted 78 within the Old Beach Overlay District, although not allowed as 79 an accessory use in the underlying zoning district, upon a 80 finding that the structure containing the use meets the 81 provisions of the Old Beach Design Guidelines as specified in 82 section 1905 (a): 83 (1) Garage apartment, except that the living area shall 84 not be less than five hundred (500) square feet of 85 floor area nor greater than eight hundred (800) square 86 feet, and provided further that such garage apartment 87 shall be at least thirty (30) feet from the structure 88 containing the principal dwelling. 89 (c) Conditional uses and structures. Subject to general 90 requirements and to the regulations of the underlying zoning 91 district, all uses and structures permitted as conditional uses 92 in the underlying zoning district in which they are located 93 shall be permitted as conditional uses within the Old Beach 94 Overlay District. In addition, the following use shall be 95 permitted within the Old Beach Overlay District as a conditional 96 use, although not allowed as a conditional use in the underlyin 97 zoning district: 98 (1) Bed and breakfast inn. 99 COMMENT 100 The amendments set forth the permitted principal, accessory and conditional uses within 101 the Old Beach Overlay District. The most significant change is to allow a second single-family 102 dwelling on the same lot as another single-family dwelling (except where the underlying zoning is 103 R-5S Residential Single -Family), subject to the dimensional and other requirements of the following 104 section. A secondary affect is to allow single-family dwellings in underlying zoning districts of the 105 overlay where such dwellings are not currently permitted (Apartment and Resort Tourist districts, 106 for example). The section also allows garage apartments as an accessory use and bed and breakfast 107 inns as a conditional use on lots within the Old Beach Overlay District. 108 Sec. 1904. Dimensional requirements. 109 Dimensional requirements and maximum density for uses and 110 structures located within the Old Beach Overlay District shall 111 be as specified in the underlying zoning district; provided, 112 however, that: 113 (a) For one (1) single-family dwelling on one (1) lot: 114 (1) Minimum lot area in square feet: 5,000 115 (2) Minimum lot area outside of water, 116 marsh, or wetlands 5,000 117 (3) Minimum lot width in feet: 40 118 (4) Except as provided in section 1905 (c), 119 minimum front yard setback in feet: 20 120 (5) Except as provided in subdivision (5.1), 121 (5.2),1905 (f), and 1905 (g), minimum side 122 yard setback except when adjacent to a street 123 or driveway in feet: 8 124 (5.1) Except as provided in section 1905 (f), 0 125 minimum side yard setback for any portion 126 of a structure located adjacent to a driveway, in 127 feet: 12 128 (5.2) Minimum side yard setback for accessory 129 structures no larger than 150 square feet 130 in area and with an eave height no greater 131 than 8 feet except when adjacent to a street: 5 132 (6) Except as provided in sections 1905 (e) and 1905 (f), 133 minimum side yard setback adjacent to a 134 street in feet: 20 135 (7) Except as provided in section 1905 (c), 136 minimum rear yard setback except for 137 accessory structures in feet: 20 138 (8) Except as provided in subdivision (8.1), 139 minimum rear yard setback for accessory 14C structures, including garages and carports, 141 in feet: 8 142 (8.1) Minimum rear yard setback for accessory 143 structures no larger than 150 square feet 144 in area and with an eave height no greater 145 than 8 feet except when adjacent to a street: 5 146 (9) Maximum lot coverage in percent: 40 147 (10) Maximum area of impervious cover, as defined 148 in section 103 of the Chesapeake Bay 149 Preservation Area Ordinance, expressed as 150 a percentage of the lot size: 60 151 (11) Minimum lot area per unit devoted to 152 landscape plantings and ground cover, 153 in square feet, and provided further 154 that such area shall be a single, contiguous 155 portion of the required rear yard: 600 156 (12) The uppermost story or building level above 157 the first -story or building level of any new structure 158 or addition to an existing structure shall provide a 159 stepback, wherein at least 35 percent of the total 160 length of the exterior wall of the uppermost story or 161 building level is set back a minimum of three (3) feet 162 from the exterior wall directly below it. The length 163 of uppermost story exterior wall set back a minimum of 164 three (3) feet to meet the requirement above may be 165 divided into multiple sections of varying length that 166 are not contiguous to each other. For the purposes of 167 this section, uppermost story or building level does 168 not include living area completely contained within 169 the roofed area of the structure. 170 (b) For a single-family dwelling and an 171 ancillary single-family dwelling on one (1) lot, 172 subject to the dwellings being oriented on the lot 173 consistent with section 1905 (c): 174 (1) Minimum lot area in square feet: 5,000 175 (2) Minimum lot area outside of water, 176 marsh, or wetlands: 5,000 177 (3) Minimum lot width in feet: 40 178 (4) Except as provided in section 1905 (c), 179 minimum front yard setback in feet: 20 180 (5) Except as provided in subdivision (5.1), (5.2), 181 1905 (f), and 1905 (g), minimum side yard setback 182 -except when adjacent to a street or driveway 183 in feet: 8 184 (5.1): Except as provided in section 1905 (f), 185 minimum side yard setback for any portion 186 of a structure located adjacent to a driveway, 187 in feet: 12 188 (5.2) Minimum side yard setback for accessory 189 structures no larger than 150 square feet 190 in area and with an eave height no greater 191 than 8 feet except when adjacent to a street: 5 192 (6) Except as provided in sections 1905 (e) and 1905 (f), 193 minimum side yard setback adjacent to a 194 street in feet: 20 195 (7) Except as provided in section 1905 (c), 196 minimum rear yard setback except for 197 accessory structures in feet: 20 198 (8) Except as provided in subdivision (8.1), 199 minimum rear yard setback for accessory 200 structures, including garages and carports, in feet:8 201 (8.1) Minimum rear yard setback for accessory 202 structures no larger than 150 square feet 203 in area and with an eave height no greater 204 than 8 feet except when adjacent to a street: 5 205 (9) Maximum total lot coverage in percent: 40 206 (9.1) Maximum lot coverage range of principal 207 .single-family dwelling, expressed as a 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 percentage of total lot coverage, except that in no case shall the combined lot coverage of the principal and ancillary single-family dwellings exceed 100 percent of the maximum total lot coverage: (9.2) Maximum lot coverage range of ancillary single-family dwelling, expressed as a percentage of total lot coverage, except that in no case shall the combined lot coverage of the principal and ancillary single-family dwellings exceed 100 percent of the maximum total lot coverage: (10) Maximum area of impervious cover, as defined in section 103 of the Chesapeake Bay Preservation Area Ordinance, expressed as a percentage of the lot size: (11) Total maximum building floor area, calculated as floor area ratio: (11.1) Maximum floor area of principal single- 51 - 65 35 - 49 family dwelling, expressed as a percentage of total floor area, except that in no case shall the combined floor area of the principal and ancillary single-family dwellings exceed 100 percent of the maximum total floor area: 60 (11.2) Maximum floor area of ancillary .R 0.7 233 dwelling, expressed as a percentage of 234 total floor area, except that in no case 23S shall the combined floor area of the principal 236 and ancillary single-family dwellings exceed 237 100 percent of the maximum total floor 238 area: 49 239 (12) Minimum interior yard between principal 240 and ancillary dwellings, in feet: 30 241 (13) Minimum lot area per unit devoted to 242 landscape plantings and ground cover, 243 in square feet, and provided further 244 that a minimum of 400 square feet of such area 245 shall be a single, contiguous portion 246 of the required interior yard: 600 247 (15) The uppermost story or building level above the first 248 story or building level of any new structure or 249 addition to an existing structure shall provide a 250 stepback, wherein at least 35 percent of the total 251 length of the exterior wall of the uppermost story or 252 building level is set back a minimum of three (3) feet 253 from the exterior wall directly below it. The length 254 of uppermost story exterior wall set back a minimum of 2S5 three (3) feet to meet the requirement above may be 256 divided into multiple sections of varying length that 257 are not contiguous to each other. For the purposes of 258 this section, uppermost story or building level does 259 not include living area completely contained within 260 the roofed area of the structure. 261 (16) In any case where an existing structure converting to 262 either a principal or ancillary single-family dwelling 263 does not meet the required minimum yard setbacks, such 264 setback shall be considered conforming and shall not 265 require a variance as provided for in section 106, 266 provided however that all new portions of the 267 structure shall meet the required minimum yard 268 setbacks of this article. 269 (17) For any lot where there is an existing duplex dwelling 270 and the property owner converts the duplex to a 271 principal or ancillary single-family dwelling and also 272 constructs a separate principal or ancillary single- 273 family dwelling on the same lot, prior to an occupancy 274 permit being granted for the dwellings, the Director 275 of Planning or his or her designee shall inspect the 276 structure previously containing the duplex and shall 277 certify that the necessary modifications to the 278 building have been made that eliminate the use of the 279 structure as a duplex. 280 COMMENT 281 This section provides the dimensional requirements for single-family and ancillary single- 2 8 2 family dwellings. 283 Sec. 1905. Desired design Incentives. 284 (a) To achieve compatibility and appropriateness to the 285 Old Beach neighborhood consistent with the historic status of 286 Old Beach as an early twentieth century resort community, 287 structures in the Old Beach Overlay District should strive to 288 comply with the criteria provided in the Old Beach Design 289 Guidelines. As an incentive to develop lots within the Old Beach 290 Overlay District in a compatible and appropriate manner, 291 compliance with the criteria of the design auidelines shall 292 result in allowed deviations to the dimensional and other 293 requirements of this ordinance as specified below. Determination 294 of compliance with the criteria provided in the design 295 auidelines shall be made by the Director of Plannina or his or 296 her designee. Any appeal of the determination of compliance by 297 the Director of Planning shall be to the board of zonina 298 appeals. 299 (b) Orientation of dwellings. Any single-family dwelling 300 that is located on a lot with a separate single-family dwelling 301 within the Old Beach Overlav District shall be oriented on the 302 lot consistent with the criteria of the Old Beach Desian 303 Guidelines, such that the primary facade of the structure faces 304 the street or alley, except that if no alley exists, the primary 305 facade of the structure on the rear portion of the lot shall 306 face the reauired interior vard. 307 (c) Porches. Single-family, ancillary single-family, and 308 duplex dwelling structures which provide open, unenclosed 309 porches with a minimum depth of five (5) feet and a maximum 310 depth of eight (8) feet, as measured from the exterior wall of 311 the main structure to the exterior edge of the porch foundation, 312 may have a front yard setback of 13 feet, as measured from the 313 exterior wall of the main structure to the lot line. However, 314 in no case shall the setback from the lot line to the exterior 315 wall of the porch foundation be less than eight (8) feet. 316 Further, any open, uncovered second -story porch located above 317 the first -story porch shall be setback from the lot line a 318 minimum of at least 10 feet. In the case of a second single- 319 family dwelling located on the rear portion of the lot, this 320 deviation applies to the rear setback requirement such that the 321 porch is oriented to the alley, if an alley exists. 322 (d) Exterior porch stairs for single-family, ancillary 323 single-family, and duplex structures. Open, unenclosed porches 324 adjacent to streets or alleys may have exterior stairs that 325 encroach into a front or rear setback to within three (3) feet 326 of the lot line. In no case, shall such stairs exceed six (6) 327 feet in width. 328 (e) Side yard setback adjacent to a street for single- 329 family, ancillary single-family, and duplex structures. For 330 structures satisfying the criteria of the design guidelines, the 331 minimum side yard setback adjacent to a street shall be 10 feet. 332 (f) Side yard setbacks for projecting wall planes on 333 single-family, ancillary single-family, and duplex structures. 334 For structures satisfying the criteria of the design guidelines, 335 up to 25 percent of the total length of the wall of a structure 336 adjacent to the side lot line may project into the side vard 337 setback. The minimum setback for such wall projection shall be 338 five (5) feet, except that if the wall projection is adjacent to 339 a driveway, the minimum setback shall be 11 feet. If the wall 340 projection is adjacent to a street and there is a drivewa 341 between the property line adjacent to the street and the wall 342 projection, the minimum setback shall be 18 feet. If the wall 343 projection is adjacent to a street and there is no driveway 344 between the property line adjacent to the street and the wall 345 projection, the minimum setback shall be 8 feet. 346 (g) Side yard setbacks for garages on lots with single- 347 family, ancillary single-family, and duplex structures. Any 348 rear -loaded, side -loaded, or front -loaded qaraqe recessed a 349 minimum of 40 feet from the front or rear lot line and 350 satisfying the criteria of the design guidelines may reduce the 351 352 353 side yard setback for the garage to five (5) feet. (h) Porch eave overhangs for single-family, single-family, and duplex structures. For structures ancillary satisfying 354 the criteria of the design guidelines pertaining to open, 355 unenclosed porches fronting on streets or alleys, anv wide eave 356 overhang of such porch, which does not exceed three (3) feet in 357 length from the outside of the porch column support to the porch 358 roof fascia shall not count toward the calculation for lot 359 overage. 360 (i) Interior Yard. For a single-family dwelling and an 361 ancillary single-family dwelling on the same lot satisfying the 362 criteria of the design guidelines, up to 35 percent of the 363 length of the wall facing the required interior yard may 364 encroach into the required interior yard, except that in no case 365 shall there be less than 10 feet of separation between the 366 single-family dwelling and the ancillary single-family dwelling. 367 (j) Parking spaces for single-family, ancillary single- 368 family, and duplex structures. For structures satisfying the 369 criteria of the design guidelines, the area of a parking space 370 located below any second story overhang not exceeding two (2) 371 feet in width shall qualify toward the required on -site parking. 372 Furthermore, the area of a parking space located below a 373 decorative trellis or the overhanginq eave of the main structure 374 and not exceeding four (4) feet in width shall qualify toward 375 the required on -site parking. 376 (k) Parking area paving. For structures satisfying the 377 criteria of the design guidelines, parking spaces with pervious 378 paving material, such as brick runners and open pavers, may be 379 used to satisfy on -site parking requirements. 380 (1) Maximum Floor Area. For structures satisfvina the 381 criteria of the design quidelines, the total maximum floor area 382 may be increased to a floor area ratio of 0.8. lM 384 This section provides for deviations to the requirements of the ordinance for structures 385 satisfying the criteria of the Old Beach Design Guidelines. The deviations are provided as an 386 incentive for structures to include in their design the recommended design enhancements suggested 387 in the guidelines. 388 389 Section 1906. Old beach design review committee. 390 (a) The Old Beach Design Review Committee, hereinafter 391 referred to as the "Committee", is established as a resource for 392 those seekinq to develop within the Old Beach Overlav District. 393 The committee is intended to preserve, enhance, and promote the 394 character of the residential neighborhood in accordance with the 395 Old Beach Desiqn Guidelines and provisions of the Old Beach 396 Overlay District. Plan submission and review by the committee is 397 voluntary. 398 (b) The Old Beach Desiqn Review Committee shall consist of 399 five members selected by Virginia Beach City Council, two 400 representatives from the Resort Advisory Commission and three 401 representatives who reside or own property within the area 402 encompassed by the Old Beach Overlav District. All committee 403 members shall be qualified by knowledge or experience to make 404 decisions on questions of neighborhood planning or design. A 405 member of the City of Virqinia Beach Planning staff shall serve 406 as liaison to the Committee as needed. 407 COMMENT 408 This section provides for the creation of an Old Beach Design Review Committee, which is 409 provided as a resource group for those desirous of developing property within the Old Beach 410 Overlay District. Submission of plans to the committee is strictly voluntary. 411 Adopted by the City Council of the City of Virginia Beach, 412 Virginia, on this day of , 2005. APPROVED AS TO CONTENTS: 0� I -IS-or Planning Department CA-9804 OID\ordres\O1dBeachOverlayord.doc R-2 November 29, 2005 APPROVED AS TO LEGAL SUFFICIENCY: �/Vj r City Attorney's Office 1 AN ORDINANCE AMENDING THE CITY ZONING 2 ORDINANCE PERTAINING TO THE DEFINITIONS 3 OF THE TERMS "ANCILLARY SINGLE-FAMILY 4 DWELLING UNIT," "YARD," "INTERIOR YARD" 5 AND "MIXED USE" 6 Section Amended: City Zoning Ordinance 7 § 111 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Section 111 of Appendix A (Zoning Ordinance) of the 12 Code of the City of Virginia Beach is hereby amended and 13 reordained by defining the terms 'ancillary single-family 14 dwelling unit," "interior yard" and "mixed use" and modifying 15 the definition of the term "yard," to read as follows: 16 Section 111. Definitions. 17 . . . . 18 Dwelling, single-family. A building containing one (1) 19 dwelling unit, entirely surrounded by a yard. Mobile homes, 20 travel trailers, housing mounted on self-propelled or drawn 21 vehicles, tents, or other forms of temporary of portable housing 22 are not included within this definition. 23 Dwelling, single-family, ancillary. A building containing 24 one (1) dwellinq unit, entirely surrounded by a yard but located 25 on the same lot with a separate single-family dwelling of 26 areater floor area. Mobile homes, travel trailers, housinq 27 mounted on self-propelled or drawn vehicles, tents, or other 28 forms of temporary or portable housing are not included within 29 this definition. 30 Mixed Use. Two or more separate uses allowed as principal 31 or conditional uses that are physically and functionall 32 integrated with the sae structure on one zoning lot. 33 . . . . 34 Yard. An open space that lies between the principal or 35 accessory building or buildings and the lot lines, and in the 36 case of lots containing ancillary single-family dwellings, a 37 yard also consists of open space that lies between the ancillary 38 single-family dwelling and the principal single-family dwelling 39 located on the lot. This term includes front yards, rear yards, 40 interior yards, and side yards as appropriate. Minimum 41 dimensions of such yards are specified in the appropriate 42 sections of this ordinance and within such minimum dimensions, 43 yards are unoccupied and unobstructed from the ground upward 44 except as may be specifically provided in this ordinance. 45 Yard, required interior. That portion of a lot encompassing 46 all points in the lot within a minimum distance between an 47 ancillary single-family dwelling and the principal single-family 48 dwelling located on the lot as specified in the applicable 49 district regulations. 50 51 52 53 54 55 56 57 59 COMMENT The ordinance (1) establishes the Ancillary Single-family Dwelling as a land use, allowed in the zoning districts where it is listed as either a principal or conditional use, (2) modifies the definition of a yard to include the area of a lot located between a single-family dwelling and an ancillary single-family dwelling, (3) defines the term "mixed use," and (4) creates a new type of yard, labeled as `interior,' to address the required separation between a principal single-family dwelling and an ancillary single-family dwelling and the fact that single-family dwellings must be entirely surrounded by a yard. Adopted by the City Council Virginia, on this day of APPROVED AS TO CONTENTS: Y�_11 a•IS•0r Planning Department of the City of Virginia Beach, . 2005. APPROVED AS TO LEGAL SUFFICINENCY: o),a I- ,,� k4t, - - City Attorney's Office CA-9805 OID\OrdRes\ResortAreaSeclllord.doc R-1 November 21, 2005 I AN ORDINANCE ALLOWING ANCILLARY SINGLE- 2 FAMILY DWELLINGS ON THE SAME LOT AS A 3 SEPARATE SINGLE-FAMILY DWELLING 4 5 Section Amended: CZO § 200 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 200 (g) of the City Zoning Ordinance is hereby 9 amended and reordained, to read as follows: 10 Section 200. Lots. 12 (g) Erection of structures on lot. Except as herein 13 provided, there shall be no more than one (1) single-family 14 detached dwelling, semidetached dwelling or duplex erected on a 15 lot; provided, however, that one (1) single-family detached 16 dwelling and one (1) ancillary single-family detached dwelling 17 shall be allowed on lots within the R-5D(OB) Residential Duplex 18 District or anv Apartment or Resort Tourist District within the 19 Old Beach Overlay District, in accordance with the provisions of 20 Section 1903. 21 COMMENT 22 The modification provides that an ancillary single-family dwelling may be erected on the 23 same lot as a separate single-family dwelling on lots in the R-5D(OB) Residential Duplex District or 24 any Apartment or Resort Tourist District within the Old Beach Overlay District. 25 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia, on the day of , 2005. W. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY �q a•&OS Planning apartment CA-9806 OID/LandUse/ordres/CZOSec200ord.doc November 28, 2005 R-1 c City Attorney's Office 1 AN ORDINANCE TO AMEND AND REORDAIN THE 2 SITE PLAN ORDINANCE (APPENDIX C) TO 3 REQUIRE SITE PLAN REVIEW OF ANCILLARY 4 SINGLE-FAMILY DWELLING UNITS AND 5 SEPARATE SINGLE-FAMILY DWELLING UNITS 6 ON THE SAME LOT. 7 8 Section Amended: Site Plan 9 Ordinance § 2. 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 That Section 2 of the Site Plan Ordinance of the City of 14 Virginia Beach (Appendix C), pertaining to uses requiring site 15 plan review, is hereby amended and reordained, 16 Section 2. Uses requiring site plan review. 17 2.2. The following site uses, including additions, 18 alterations or changes in the following uses, shall require site 19 plan review: 20 (A) Any structure or improvement permitted 21 by the zoning ordinance as a principal 22 or conditional use in any district, 23 with the following exceptions: 24 1. Agricultural uses, as defined in 25 this ordinance. 26 2. Single or two-family homes and 27 ancillary single-family homes 28 previously approved as a 29 subdivision in accordance with the 30 31 32 . . . . 33 34 35 36 37 38 subdivision ordinance adopted June 22, 1970, and as amended. COMMENT The amendment provides that ancillary single-family dwellings located in the Old Beach Overlay District (subdivided prior to June 22, 1970) require site plan review. The existing ordinance text requires site plan review for single-family dwellings and duplex dwellings in the overlay district area. APPROVED AS TO CONTENT: 04 12-19105, Planning apartment CA-9815 OID\ordres\SitePlanSec2ord.doc R-2 November 29, 2005 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Of ice 1 AN ORDINANCE TO AMEND THE 2 COMPREHENSIVE PLAN BY 3 INCORPORATING THE RESORT AREA 4 DESIGN GUIDELINES 5 6 WHEREAS, on December 14, 2005, the Planning Commission held 7 a public hearing concerning the amendment of the Comprehensive 8 Plan (the "Plan") by incorporating the Resort Area Design 9 Guidelines (November 2005), and at the conclusion of such public 10 hearing, recommended that the Plan be amended thereby; 11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 12 CITY OF VIRGINIA BEACH, VIRGINIA: 13 That the Comprehensive Plan be, and hereby is, amended and 14 reordained by incorporating the Resort Area Design Guidelines 15 (November 2005) as an appendix to the Comprehensive Plan. A 16 true copy of the said Resort Area Design Guidelines (November 17 2005) was exhibited to the Planning Commission at its public 18 hearing of December 14, 2005, and on this day to the City 19 Council. 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the APPROVED AS TO CONTENT: 1'Z Planning Department day of , 2005. 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M � C co N "' L y'w L a)s ca O O co 'L > U O O O O N O O L N U U —_ O N cu CDL O O �� a) ui 6 - N .t Mz m a L G � C = u 3 a u) � .c L � a a N c a> CC c � Y C (9 N aa3 o a E o ca a x am m r-+ L f0 U u) W � cd N 14 d N � O .0 = = s Q so=.mica ar -W E '3 m o0m°v s—=coca � •O � r.r '� L �La 4) CL— E ca = m W+ _ o too V 75 Q Q L W �ca�=ca L L V O 3 v ca aw0 d CDd N -a cc �' "-o L w o m f�s c' 0Qo CoCL �cl)� ca= d x S == 3 C o N 3 ' cc cU O cc O `E CU ++ 0• L O cO (U � O o O U= O o dL. t 0 'y ca = E = 0 Lp ) � � � N � N cc tQ � � � = N N Co = M -0 O .Q to 3Im > C ♦, v O cc co N - O L cc C o L Q. _ mcsy'os-o __LEmU-6 °' a)> —Em a�v, ,£N�3 �N,� =caca-a >�Lc—uL io ��suio Zvi 0 .Q «.• L Q Q U N cc > cc o Q E 2 m� cn U� = m �� Asa=vs> •a,E `~ 'a s °r — 'c i ui �i C-i m'r��'-= r- �o �vi et � � H0 N N 4 .4 WX C d s c.) cc 0 A� W M Z �% > m cc 3 o ca ..; ca O N 'L co U co � o O cn v CL Q.E w c o U a 0 U O a)CU Q U .,_ C.) � c LO N C) -p O C a-01 t0cu f0 U C N c0 O c E-0 0 CU cu v'•� U w LO .V _ C0 EL E ca Y U m 'D N L O O U 0 0 i CU O Co 0) .— co C) .« N N 0-0 (n C) S U).> 0.'a - c0 o C C) a)= a 0 0 U) N co 0 O Q O O O U CU o cu .Q co -0) C) w Q N 0 E ca mmmmowcu CD C:c0_0 L 0 m ERi O E cu O ,O 0)� C L C L .0 L .;C'a O Q 0-C) U c0 NJ d d 0 0 ,0 a LD Ma d := '> i O i a a E ma ea m L d V Y O 0 Lm N " N � N C d C' C LO d .Q ea N as a N L. O O O'D d d)a 'L N >_ a0 N LO CD >, v> a) cn >, >O0"0o r C +-. a a U QO' 0 C U) N p N-O L L N U N w a) N L U X CL cn a) U)0 CD U)a a) 'y U O a) O _N p a) Q�.a) cu y Q a) c0 a) L a) Q — co a) 3 p m a) O t .` ,— fA L rt+ Q a) Q , Q cm E :3 U 'O ��. �O— .5 O_ > ca to (D O �Q CD cu 0 0 4) VCL O C 4) - oQa _� 4) c > U) 'cv i m dya-5 i d to O w N Y V m N O O5 O d d N _ v .0 _ d = O A > R � > d N N V t Q. 'a to C d = O O. O O O V N 0 �+ = 4) ccM r N C 4) ' 0 3°'o L 0dfl- a_ •� 0 CL = N o 0= t OR) 0 Ns N = 3 0 O= CD L N 0 N 4) 0) >41 0 O N O 0•-•'ram a— O =�•- o CO) V=_ 4)L p R= `r O O toN O Q O O L> L O 0.0 .20 Co d� Ns_ ad v =•� 0 d i.N4 N .0L = d N O 0 d =O N= Zvi 0.y 3 C�.p o CD avic d 0.0=.O 3 Em E sue= �0 CD N= •O N 0 N M Ql O L -0 0) CL •= +O+ O 0.2 N 3 = 0 0 CL •s 0 4> N N a1 d aL M cm o 0 o a 14 wi 0 0) _ R= s •++ L •:ice Nash 10 dY N s L d E c N o° E = .2 •a a 0N ==0 O d .0 •- > = l6 +O+ Z N ea �, w N 0.— = d > 3 to im E 0 � •�C CV•a CL - = V d L •_ t� N dZ. N ,� Im N E _ L •a C co O O 'a L.V O L. 0 4- £ 4)N A._ N N >,0 C Zv000)CLMv = C N O �0 O 3 u O O O ai Li ■L >1 L ID 010 N R N •> O cr O N •C IC O vi m •— •a t) sm m y > � a� L �•— aim m tm m s w O Q O C mcc0-R ca N � ::. O mo RmLU) .L R N tm m N m C m i V O a a tm ._= a ui CD a 0 (U Co N O 0 N N cv :3 - m 0 E cr � E O- Q m m m o Y .0 - > N � 0 CLQ( co .Eococc E��u)�a� vim pEE N % C O O fB O N .2 5 Q.EE.mRi> uj cn 0 a co -0 O O N LO O N •••m > Q vi 21 (n -0 cu CU cu a) m �C CO .Q � L cu >1 O .N m o m s C L -0 O N C 0 .L 0 O 0 0 _; 0 Q N =cu N i .Q O 0 cn •O O ,o co m>c rn coCU� � . cn CU C 0.0 U 0 Q 0)fU -C ._• E E cn to cu yOL (6 cu O > - N C L CD O 0 w cu O �CEcv- cu -SEca=aa ui °mca� CD r O -o'm' (i m ce '> CL OZ CL °cQyEcaa� cao�3�o�0 da>it=>>�a L y,d M to d�'v�tc aE 3 0 a .=0 L w 0 E d = d 3 D 'a 0 O R `F y .0 0 O O�— c04 0 taN N >,0�V m O ! U ,O N O C)) CD- — O > O Q� CO O N N U E�� X(DCD a)E2) r co co Q w 0w = v.°+ 0 •c E y O co a- m .� •_ .� .c 0 R s •° `~ c. ear d v ° ° c 0 s 0 a 0w a�E y0 .3 y'- 0 O y CL y co 0 �' O L = d^ .O 'a O E Vl fA •- .G :+ ° Q V O —co d Nl 2 IZ O y O 'C .o�Mca .o O caCy�, �, E>la.>=Lyt0 NJ•- •�? +r O O t°f1 .= y 4- ;�, la •p N d s?. y i •3 d w V= V y 3 d �°,, V •L a 'O O _= i y r O Ow• ev3Q! _ xvYo0.rcai �E�vy 00 -m0yy:+y7d 'tO Lw.-yam= mEo= c-°-=-3 O m ° o cam— °-d Ea•- E�•H =•- o m>— =� 3m°E'>>'>0 0 ea 00 0 tm m E� Q vas c.aa`�-c� ;dsm,� ea m tia .°aLW �3 �s� °� O O 0 0 O co ca O O O O O O _ -j Q R ui tG 1` ui mi ui a 4> 0)i V ViW ER (oW LLcMP 0. t�v h c 'a •3 a M Q! C o c ocoo m cu O o C vi rn - aD N N o c C C"6 L C ,U Co C �N �Lv-�. cu Oft•—v_.. QN U y .0 m cn O cn C >O M L N N N op Q- E moOo a)W O o NN ,� a X 00OCU �i CLN (0i Q) u� 00��E=cv= t C L O� O X 0 .0 c � O (D S 0 000 y N Y t7J'^ > t4 \ 0 in N R s tV O L F° V CD CL a O o ti m H N R1 a 2 1 AN ORDINANCE TO AMEND THE 2 COMPREHENSIVE PLAN BY THE 3 INCORPORATION OF THE OLD BEACH 4 DESIGN GUIDELINES 5 6 WHEREAS, on December 14, 2005, the Planning Commission held 7 a public hearing concerning the amendment of the Comprehensive 8 Plan (the "Plan") by the incorporation of the Old Beach Design 9 Guidelines, dated November 15, 2005 and at the conclusion of 10 such public hearing, recommended that the Plan be amended by the 11 incorporation of the said Old Beach Design Guidelines as an 12 appendix to the Plan; 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 That the Comprehensive Plan be, and hereby is, amended and 16 reordained by the incorporation of the Old Beach Design 17 Guidelines, dated November 15, 2005 as an appendix to the 18 Comprehensive Plan. A true copy of the said Guidelines was 19 exhibited to the Planning Commission on December 14, 2005, and 20 on this day to the City Council. 21 COMMENT 22 The Ordinance incorporates the Old Beach Design Guidelines as an appendix to the 23 Comprehensive Plan. 24 25 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia, on the day of , 2005. APPROVED AS TO CONTENT Pa- rz-IS;o5- Planning epartment APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office CA-9802 OID/LandUse/ordres/O1dBeachDesignGuidelinesord.doc November 15, 2005 R-1 4 R Y � CL � ob P. Vo � x p R �yg°y�p'�' w • ID*q ter.. %%--� •'� 's M v1 •-. N M 4? —. M 1? 'IF — N M N N N b • N M cc U •�, Op ' � O c� a o a o �'yc to o � � a ,-,CD •5� � U � p �! • � .� VJ � CO •v ^'." 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Zone your the environmental stresses. water garden into areas of high moil. Create zones according to water Choplay ose brat; cure use, moderate use and needs. Take growth mates, dro t-tolerant use. mature size, and temperatureWater. us designs � d 'g . � -� ip a tolerances law consideration. A stoIIes. ' Mixing in list of some recommended plants is included on the back of organic Matta lie of this brochure. compost or improve your soil's S. Use othlutches --Mulches d balding capacities. hold in moisture while reducing that are es i" Ad' ' ' analysis can weeds, canting the soil, stowing reran$ ear ,soil y lime and ertil- erosion and.providing. root succ:even ` landscape interest. Replacing; smtich� plant beds is $�i -A Areas _ &,I },. n4fi..t k *r, ;.ti s .n.Ckva' p tt3`lower your Water wucuw yuu gwu Your vwu xsslsu+ac •,�- , design or use a landscape pmfes- ry. Water-wi 1s Use these tips to help reduce , e only when accessary_ T1uY cotnlxu your plants' water demands. g promotes water- ,' for water. Reduce the number of :new growth., s ers to redact using you w' ght and mow land help absorb a waterfram of weather. lawns. E beds -and • .. - - suIr ring ' and increases City of Virginia Beach —Residential Design Guidelines, November 15, 2005 Appendix Your Guide to Water -Wise Landscaping & Gardening s Water -Wise Landscape Designs Pt..Am*T MATr--R IA-L �= Acaa. 0.,6rtrM 'C i-ob�tt Glo,ey� �af�1KP1E 'flct'a4�FltGiaRyt a-�itAXreJvi �rus�rlvarr,ers x 'AAv m,, may` 5tatsaczap'Av-turwz y' 4-mac -4b- iOscmA "L� 5-V'ti-k*Y OjG WS - Cr s-rvs CjKX.SP I—P-E- &-z5 "(PfMjs �AZrz*N4-P0IS �a <e*jEt +'lKG �.-vNtIPER, ?-pert�citf iA C�t4Vtid�i a-4�,b,scus syr�.#r�c�s iyb+2�ds RO (f-C.7N, onsf� MWz {ETvSvs C-1, 0'5.%E- Fru.sc -li-ejz- Lt2#a?E C S 'EY.ER ��Kt�+ER t�.-'8E-rd,10, n qeA Qtv�1L`$�2e� �/4sss�r I�b�l�ot tS = VsrrCW Mi�Jo wv4-1f moo,.-�l try t,�b ews CwtAw,. CVWXf,fR1weE l r8-Qu8ctus �l�Q9sn��rtpr L,..� :Cana • Artwork by Paula LaRossa • Landscape Consultant: Green Commitm Greg Lonergan, Eddie Anderson, Jimmy Nagy Pat Bridges City of Virginia Beach —Residential Design Guidelines, November 15, 2005 Appendix Your Guide to Water -Wise Landscaping & Gardening Water -Wise Plant, Shrub and Tree List Botaalmi Nye CaN== xsme He4gw idth Usit GttavtL Rita 14M Snit IARGEWCMWUS TR&FS Aaettabtum`Glctobei " w: Qagbetglmmedmsptc SOa/40-50 k.11 F sS-S him FesuamF + M S a tq4 wrsSoedks xrb= Ub 60N0 10 F 5 QuemupheU willa4lt'ixiSc 7W30.40 it F 44 DIW Zdkova setm Gteea 80180 M S 1?IM gGS.&t/6RCrR&E3Y7Rfi&S Mspoli v=dM= 1 iap rama�oha SO.100040 nA€54 S-M *S-S DIM Puss aeda�, paac 75.101Y34 40 5 F sS-SINN Quacu € oak0Y60.1t10 6 S sS 5 iT1M y��y w �Ct1RRf< 26 20 b,fc F SS-S ydz 13i0.15 n-4,5 M SS-5 M �15 XVIO.15 n_5 S %S_$ MID ISM--34�1t.z-" kfl-4,ffs,�S'410 M sss T�AS40 f1-7/41hv J 9 yM� 25/3tl it-3 M SS-S: hUW" t 210 A--t t,dri b,7R 11 M S IUM AMU • ➢.. ikx.omimtia 15-21-10 fr M $IS VfM/W Mid= 4 15 &10 fl-3/4 M SS.S : M r�r a 15-20(4r8 M 5 DIM Pxt=tm � � i " 20.30115-20 r5 1d,X r flEGa11XiUSS+4iR'i ii+ . , S UM ftl6lnusaytisauto" 8-joa-S S I O&V Mytimpecayhaoica b416=10 1 R ; DAM Yumtguut amass 9-1 EYP MEWSARUAS d ilmmas dwarf Lolly! 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SU1t1 trus fat Pawiydmisedsdils d gtanrtL rate iae3aaisem aaritorimeataf aaidiasmn $hsw Mcdearte EW Y-Y fAsa txx[e�2. 1i�Ltteamau+eadad&arp�tcc�apyrrgnowsh:s-slw� SS-D!�ttiSlsb+Nld S-Eulllam �Rldiit4a R Remembe4 fiiSCflCRe ==ywt:u; h tbea IaalCe"W iticcum U"W Cho p gU14— City of Virginia Beach —Residential Design Guidelines, November 15, 2005 Appendix Your Guide to Water -Wise Landscaping & Gardening LYNN��� ve:r-�007 Virginia Cooperative Extension Virginia Beach Office 209 Princess Anne Rd., Bldg.14 Virginia Beach, VA 23456 Plant List;Backyard Buffer Areas Trees Acer rubrum -red maple Belo nigm - river birch Carpinw Awaliniana --hornbeam, ironwood Cer= caaadensis - Eastern redbird Chionan&us virghtiha - fringetr ee Frazinm Penns hwdca - green ash Rahm ttietraptera - Carolina silverbell Liqu &mbar sovadflua - sweet guru Magnolia wwniana sweetbay magnolia Pimrspalw" - longleaf pine Punts virgmana Virginia pine Qua= palustris- pin oak Quemw ptinus chestnut oak Taxod unt duachion-baldcypress Grasses & Grsss-hIre .4corm gratninm `Ogon' variegated sweet flag Andropogon gerardii -big bluestem D&dchlis spicata =inland saltgrass Eragr+astis cw vnla - weeping lovegrass Eragmstis refixrcta - coastal lovegrass , Festuca rubra-red fescue Fen= trW)typhylla - hard. fescue ,Juncres ef'usm -nub. prrspalum vagwatum - seashore P� Sd&achyriurnscoparium -`little bluestan Schizadhyrirvn liCtora% - shore little bluestem Sorghastrum mdam-%diaagrass Umola panumlata - sea: oats Perennials Ansonia tabernaemantam var. salicifolia - blue star, willow amsonia Aster oblongifolius 'Raydaes Favorite' Gwen lyonii - turdehead Coreopss venkillata `Moonbeam' - threadleaf eoreopsis, tickseea, pot -of - gold Eddnacea purpurm purple conenower 'Alba'- white coneflower Eupatorium mamdatum `Gateway' Joe Py a weed Iris louiriarra'ClAra.Goule, `Full Eclipse'- iousiaua iris Iris virginica - blue flag iris Lobelia sipluhdoa great blue lobelia' Monarda didyma `Cambridge Scarlet'., `Marshall's Delight' - beebahm bergamot Pac*wu&a procumbens - Allegheny pachysandra Pvwemon digitalis `Husker Red' - beardtongue City of Virginia Beach — Residential Design Guidelines, November 15, 2005 Appendix Lynnhaven River 2007 — Plant List Pewtemon hartwegii `Mother of Pearl' - beardtongue Penstemon x gloainouies 'Scarlet Queen' -beardtongue Rudbecha fulgida'Goldstrum' orange coneflower AWbeel ia.ladniata - green conenower Rudbeeha triloba - tbree-lobed coneflower Solmago sphacdTata `Golden Fleece' - goldenr+od Solidago x `Golden Spangles' - goidenmd Tradescandaxandersoniana - spide wort Tradescantta vbginiana - innocence', 7wanenburg' - spiderwort` Yeronicaso= virgi cum - Culvees root, Virginia speedwell Zephyrandw atamasco atarnasco lily r Amelanchier cwuuknsb — shadblow Aroma arbdifolia 'Autum Magic',. `Brilliauriantissima'-red.chokeberry Baccharis halinifolia - bscchars ChWcarpa amen cana - beautyberry Cephabdhm ocddWadis - buttonbush Clethra alnifolia `Rosea', `Ruby Spice' - sweet>pepperbush, summersweet Corpus amour nt; - silky dogwood Co nur racewma - gray dogwood Fothew!Ua gardenii dwarf fothargilla Hamamelis vfthdana - witchhazel Hibiscus mwcheww - rose mallow Rexglabra — inkberry bolly Ilex vert&Wata _ winterberry Bw vbginka `Henry's Garnet' sweetspire Leuw oe azillarb - coastal leucothoe: Myrica owifera - Southern wax myrtle. Potentd1a frudcosar `Jackmanii' bush cinquefoil Spiraea tvmemma - steeplebush ltbwm m Iwaago nannybeny Yibwwjm pn #blium - black haw viburnum (Sources: Laurie Fox, Virginia Tech/HamptoaRoads AREC, "Bayscaping With Native Plants' ; Cutler Robinson, Bayville Golf Club, Maryland Cooperative Extension) City of Virginia Beach — Residential Design Guidelines, November 15, 2005 Appendix Lynnhaven River 2007 — Plant List Virginia's Chesapeake Bay Preservation Act The Chesapeake Bay Pm For more than a decade, Virginia's 0 has been protecting water quality°ir tributaries. Through the implementaO water protection measures, local gone Programs have been successful in the pollution across the Chesapeake Bay v Water is one of the Commonwealth's most precious resources. Abundant, clean water is important for bath our health and our economy. In fad, the Bay Act begins with the statement that 'Healthy state and local economies and a healthy Chesapeake Bay are integrally related.' The Virginia General Assembly passed the Chesapeake Bay Preservation Act (the Bay Act) in 1988 on the premise that land can be used and developed in ways that minimize impacts on water quality. The Bay Act and the Chesapeake Bay Preservation Area Designation and Management Regulations, adopted in 1989 establish a cooperative program between state and local governments aimed at reducing nonpoint source pollution {polluted runoffl. The program is designed to improve water quality in the Chesapeake Say and its tributaries, and it promotes the application of sound land use planning and management practices on environmentally sensitive lands. "�urtdi� siafe ana�lorafecanamies analit �ra� � C�i��e am iinijola� mlai �ia�urtc dwonomic a� "entanalwa&r r1 Proke6on are not mA4 oclusiva " —T* Virginia Chesapeake say<Frescrvation Act City of Virginia Beach —Residential Design Guidelines, November 15, 2005 Appendix Virginia's Chesapeake Bay Preservation Act & Local Bay Act Programs Water Quality and the Chesapeake Bay ith a watershed encompassing 64,000 square miles, the Chesapeake Bay is North America's largest estuary. Through its tributaries, water from six states — Virginia, West Virginia, Delaware, Maryland, New York, and Pennsylvania and the District of Columbia — drains into the Chesapeake Bay. Fifteen million people and more than 3,000 species of plants and animals call the watershed home. The vast amount of land in the watershed. along with the large number of people, makes wise land use management especially important in protecting the water quality of the bay. Page Stegner, in her collection of reflections on rivers, explains that A river, like all natural forces, is not indifferent or unresponsive to humankind.- We have learned this lesson well by watching the changes that have taken place in the Chesapeake Bay. Scientists studying the decline of the bay discovered the effects of human influences as early as the 1970s. Many last use activities affect water quality. Poor land management and development practices lead to in- creased storm water runoff, which picks up pollutants as it flows to the bay. These pollutants include the following; • Sediment (caused by the erosion of land), which clouds waterways, prevvrrts light from reaching aquatic plants, and clogs fish gills. • Nutrients from a variety of sources — including fertilizer applications to lawns and farm fields, animal waste, and septic systems — which can lead to algal blooms in waterways, depleting oxygen and shading beneficial aquatic plants. • Toxic substances— including metals, pesticides, household chemicals, and deicing materials — which ran cause health problems for both aquatic life and people. • Pathogens from human and animal waste such as. bacteria and viruses —which, like toxic substances, can pose a health risk for aquatic life and people. Although Virginia and the other bay communities have made great strides in improving water quality in the bay, the future brings even greater challenges. Local Bay Act Programs 1184 of the Tidewater localities identified in the Bay Act are implementing local Bay Act Programs. Although Tidewater localities are required to adopt and implement the Act, local govem- ments outside Tidewater may also adopt Bay Act Programs. Adopting and implementing local program takes.place in several phases, during which localities: • Map environmentally sensitive lands. • Develop or amend ordinances to implement the Performance Criteria addressed in the Regulations. • Amend their Comprehensive Plans to address water quality according r to five policy areas — physical constraints to development, protection of potable water, shoreline and streambank erosion, public and private I access to waterfront areas, and redevelopment. • Evaluate their local ordinances and policies to identify and address any conflicts and barriers to protecting water quality. p aver,110 utfnaiuraf forces, is not i'%idll f rmt or unresponi" to .iblfwnk-n .. , rr .... From C01 %f thr R;i ter by Page Steper A Comprehensive Approach to Water Quality — Protecting Streams, Rivers, and the Bay y addressing the many types of [arid use and development in the watershed, local Bay Act :.,t. Programs are able to provide a comprehensive approach for protecting water quality from the effects of nonppoint source pollution. The result is cleaner water locally and a cleaner bay. Tidewater localities implement- ing Bay Act Programs have experienced the many water quality advantages they provide. Protecting wetlands and Other Environmentally Sensitive Lands ... Bay Act Programs manage land uses on environmentally sensitive lands, known as Chesapeake Bay Preservation Areas (CBPAs). These lands are classified into two categories, Resource Protection Areas (RPAs) and Resource Manaaement Areas (RMAs). RPAs include tidal wetlands, nontidal wetlands connected by surface flow and contiguous to tidal wetlands or perennial streams, tidal shores, and 100-foot vegetated buffers adjacent to these features and a" both sides of City of Virginia Beach —Residential Design Guidelines, November 15, 2005 Appendix Virginia's Chesapeake Bay Preservation Act & Local Bay Act Programs City of Virginia Beach —Residential Design Guidelines, November 15, 2005 Appendix Virginia's Chesapeake Bay Preservation Act & Local Bay Act Programs s T I ■ # . � CSapea�Ice Bay C,:OCaI. IICC DepartmerK ���LA©�- a tll'S w1�1 <alt'a of`administeringteir local $ay Act �AdrriS.,$C71 Canal �fO4S1-l- �!gga�a�:site.plaatid�rgtraini�tigtoaidrtargrant:"' The mission of the Chesapeake Bay local Assistance Department is .to protect the public <interest in the Chesapeake Bay and other state waters from pollution impacts associated with the use and development of land. This will be accomplished in a manner that balances the objectives of water quality protection and economic development, promoting sound land use planning and management measures The Chesapeake Bay Local Assistance Department James Monroe Building 101 North 14'" Street 17* Floor Richmond, Vrginia 80 ).CHES-aAY1 (804) 225-3440 - (804) 22S-3447 fax r 1N raltfQ'alti y www-cblad.state.va.us t4 * c►�yrww..rrewa►rM .rWwV#M#W.j,— City of Virginia Beach —Residential Design Guidelines, November 15, 2005 Appendix Virginia's Chesapeake Bay Preservation Act & Local Bay Act Programs µ City of Virginia Beach S Department of Planning Old Beach Design Guidelines (757) 427-4621 Fax (757) 426-5667 Planning Worksheet Project/Job Site Applicant Address GPIN # (s Phone E-Mail Fax Zoning Property Owner Information Name Address City State, Zip Phone Fax _ E-Mail The following Planning Worksheet is provided to assist in meeting the recommendations within the Old Beach Design Guidelines. • Please submit this worksheet with 8 copies (please check the applicable information that is being submitted for review) Suggested: ❑recent lot survey ❑concept plans to scale ❑concept elevations to scale ❑landseWe plans Other Valuable Review Items: ❑ existing pictures ❑concept drawings or rendering ❑ concept models ❑final construction drawings ❑color & material samples or specific product information • Prior to submitting please review the Design Guidelines and determine which ones apply to your application. Guidelines are available at the City's Planning Department, Room 115, (757) 427-4621 or on-line at xxxxx.com. Application is made for: Proposed Use / Housing Type: ❑ New Construction ❑ Single -Family ❑ Semi -Detached ❑ Multi -Family ❑ Addition ❑ Duplex ❑ Townhouses ❑ Renovation ❑ Two Cottages (principal and ancillary)/One Lot ❑ Preliminary Review Lot Area = Lot width x Lot Depth = * If a lot is developed with two cottages (principal and ancillary)/ one lot, lot coverage for each cottage is generally split 60/40, with the ancillary structure not to exceed 49% of allowable lot coverage. Allowable Lot Coverage = Lot Area x .4 = Principal Cottage = Allowable Lot Coverage x 6, Allowable Floor Area Ratio Allowable (FAR) = Lot Area x 0.7 = e F 7 Building Setbacks Existing Proposed Ancillary Cottage = Allowable Lot Coverage x 4 = * If there will be a principal and ancillary cottage on one lot the FAR is generally split 60/40. Principal FAR = Allowable FAR x 0.6 Ancillary FAR = Allowable FAR x 0.4 =' Front Rear Side *Side/adjacent to driveway *Interior * Side yard setback for wall adjacent to a driveway is 12'. * Interior - principal and ancillary uses on one lot shall have 65% of the main Adjacent Property (facing subject property) Left Right Front Rear Side width meet a 30' interior separation between structures. Pagel of 2 Planning Worksheet H. Housing Design Provide designs which address the goal of diversity by incorporating these or substantially equivalent design characteristics: 1) respect the scale and placement of adjacent homes, 2) incorporate open, unenclosed porches along street and alley fronts, 3) incorporate dormers and wall projections in order to break up massing, 4) improve the streetscape appearance by minimizing the impact of the garage as the predominant feature 5 discoura a design duplication and mass production. Design Review Guideline Provided/Comment Compatible Housing Type: single-family, duplex, two cottages ❑ Compatible Floor Area Ratio: 0.7 ❑ Compatible Building Height: two and one-half stories ❑ Porches: open, unenclosed porch 5' to 8' in width and 160 square feet ❑ Compatible Roof Pitches: Reflect a residential cottage -style ❑ Dormers: two window bays per main roof plane ❑ Wall and window rojections: two projections per main wall plane ❑ Architectural detailing: two details per wall plane ❑ Garages: rear -loaded, side -loaded, or recessed front -loaded with architectural treatments ❑ M. Landsea mn Drama and Pavement Surfaces Design Review Guideline Provided/Comment Adequate landscaping: Adequate landscaping provided along street fronts, alley fronts, side yard setbacks and rear yards. ❑ Adequate drainage: The site is graded to drain toward the main street. ❑ Water quality: On -site water infiltration and water treatment provided ❑ Pervious materials: Pervious paving materials utilized for driveways & other areas ❑ Encourage an enhanced sense of community by creating a visual rel ionship between the front of the home and the public street. Design Review Guideline I Provided/Comment Visibility: Front entryways are visible from the street or adjacent open ❑ Architectural features: A minimum of one architectural feature, which ❑ clearly delineates entries to the home such as a front porch, entry patio, courtyard, or archway, is provided. Addresses: Addresses are clearly marked and visible from the main ❑ street and alley. Incentives Design Requirement Incentive check if applicable) Garages: Side -loaded, rear -loaded, or recessed front -loaded with ❑ May maintain a 5' side yard setback adjacent to the architectural treatments garage. Parking: Paving materials allowing more pervious surface area, ❑ May satisfy on -site parking requirements. such as brick runners and open pavers Parking: Second story building overhangs, not to exceed 2', and 4 May not count against on —site parking requirements, roof overhangs or trellises, not to exceed 4', located above recessed requiring two 9' by 18' parking spaces per dwelling unit. garages Porch Stairs: Open, unenclosed porches along street and alley ❑ Porch stairs may encroach into the front and rear yard fronts setbacks not to exceed 6' in width. Visual interest: Wall projections, not to exceed 25% of the total ❑ May maintain a 5' side yard setback wall plane Interior Lot Separation: Two Cottages developed on one lot ❑ May allow 35% of the main building width to project into which meet the design guidelines criteria the required 30' interior lot separation between structures. Page 2 of 2 Planning Worksheet 1 AN ORDINANCE TO AMEND THE 2 COMPREHENSIVE PLAN BY REPEALING 3 THE OCEANFRONT RESORT AREA CONCEPT 4 PLAN (1994) AND INCORPORATING THE 5 OCEANFRONT RESORT AREA PLAN 6 (NOVEMBER 2005) 7 WHEREAS, on December 14, 2005, the Planning Commission held 8 a public hearing concerning the amendment of the Comprehensive 9 Plan (the "Plan") by repealing the Oceanfront Resort Area 10 Concept Plan (1994) and incorporating the Oceanfront Resort Area 11 Plan (November 2005), and at the conclusion of such public 12 hearing, recommended that the Plan be amended thereby; 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 14 CITY OF VIRGINIA BEACH, VIRGINIA: 15 That the Comprehensive Plan be, and hereby is, amended and 16 reordained by repealing the Oceanfront Resort Area Concept Plan 17 (1994) and incorporating the Oceanfront Resort Area Plan 18 (November 2005) as an appendix to the Comprehensive Plan. A 19 true copy of the said Oceanfront Resort Area Plan (November 20 2005) was exhibited to the Planning Commission at its public 21 hearing of December 14, 2005, and on this day to the City 22 Council. 23 Adopted by the Council of the City of Virginia Beach, 24 Virginia, on the day of 2005. CA-9817 OID/ordres/AICUZ/OceanfrontRAPlanord.doc R-1 November 28, 2005 APPROVED AS TO CONTENT Planning Department APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office � r R' a ¢¢pp 3 t 3 ,= w r a- ibm �' z `•..,_...0 � e F � ' 44 -^ • 7 p a+^,3 Oceanfront Resort Area PlanC!tv of Virginia Beach to 0 0 CV 0� 0 Z T" O N ch M N M CM bim C o Q) (Do Cl) C c CL i C C (6 (C a0n.a CO w m D U) z J d W 2 H (Q m L .O C m .-. O O CD CIle 3 N Q' � J U U N 0 cc d cu N O N m cc 0 Q L Q O 0 +� � � N � �+ (A U O co O Y m 0 O J � Z CC C� Qi m C.i W "It LO O LO cM cY) d N U cu Q CO Q co m CL)'C Z 0) O ca Cu W w _1 a !t L x- >, o C a)C)U� O O O C �O L E +L. 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C COo.n�aaLo a�-0sO o CE ai ai o ?V v p C C O p cn E a p 0a � E o0�Q o�O�V � CO)O L-p %� p� o o 0)C5 p� E O CL-0760iC5E-20-Epo E p a) -6 H E �-0 CD 0) - 0.a) cn C p -a Cif O 0 C 0 .0 0 0�� += O p a E Q >, � O E U CL� a>is v) �� C CO CO -0 aa)) M p'�>.5 `� Cu .0 U O N +� V O CUE U N L 00 C 1� o w E .n Q o .5 c� a •3 .0 c U o (A ca tZ ca 3 �e� CCD l am i�96 Q � OO eA O O r C C W O CD O I AN ORDINANCE TO AMEND CHAPTER 4 OF 2 THE COMPREHENSIVE PLAN, PERTAINING 3 TO THE OCEANFRONT RESORT AREA 4 CONCEPT PLAN 5 6 WHEREAS, on December 14, 2005, the Planning Commission held 7 a public hearing concerning the amendment of Chapter 4 of the 8 Comprehensive Plan (the "Plan"), pertaining to the Oceanfront 9 Resort Area Concept Plan, and at the conclusion of such public 10 hearing, recommended that the Plan be amended thereby; 11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 12 CITY OF VIRGINIA BEACH, VIRGINIA: 13 That Chapter 4 of the Comprehensive Plan of the City of 14 Virginia Beach be, and hereby is, amended and reordained by the 15 addition of the underlined portions, and the deletion of the 16 stricken portions, of the excerpts from the Comprehensive Plan 17 shown on that certain document entitled "Amendments to Chapter 4 18 of the Comprehensive Plan," dated December 14, 2005, such 19 document being attached hereto and made a part hereof. 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the day of , 2005. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: l 17-4 Sr Planning Department City Attorney's Office CA-9825 OID/ordres/Ch 4 Comp Plan ord.doc R-1 November 30, 2005 Amendments to Chapter 4 of the Comprehensive Plan December 14, 2005 Page 131 "In 49-942005, the City Council adopted the Oceanfront Resort Area Eemeep�-Plan. The purpose of this plan is to galvanize a series of effective planning principles that will help us continue achieving a quality physical environment and economic growth throughout the resort area. The general land use, transportation and aesthetic provisions identified in the concept plan apply to all development and redevelopment within the oceanfront area. It is also adopted as part of this Comprehensive Plan." Palze 132 "The foundation of the Oceanfront Resort Area Concept Plan consists of the following sey,meight goals: 4- 1 r-eete-anattal?tive, rheleseme, family . eFt destination. 2- D + a safe, ,d .d night, yeaf reuRd , eFt_destinatien } d rb + natural is inte Fe eFt plans. d IIJ t Shift .d transitd aR .+r+nt;. b pedestrianrieRted__tr- � Plan the FeSE)Ft aFea f r bath residents uRd isit .,-s We must establish and encourage quality venues and events in the Oceanfront Resort Area. 2 We must establish and encourage quality businesses in the Oceanfront Resort Area. 3 We must provide quality physical surroundings in the Oceanfront Resort Area and integrate the natural environment into resort plans. 4. The Oceanfront Resort Area must have a year round character. 5 We must diversify the attractions of the Oceanfront Resort Area . 6. We must reorganize parking concepts for the Oceanfront Resort Area. 7 We must continue to strengthen the neighborhoods within the Oceanfront Resort Area. 8. We must ease circulation problems within the Oceanfront Resort Area and to and from the area. This Comprehensive Plan builds on the goals of the Crept -Resort Area Plan by addressing a multitude of strategic planning issues and providing a coordinated approach regarding planning and future ideas and concepts. The entire plan revolves around ...." Page 134 "The Oceanfront Resort Area CaReept Plan also serves as a foundation upon which other planning policies and development strategies, those that provide more definitive Guidance, are based. The plan document entitled Virginia Beach: Creating an Old Beach District Center embodies such policies and strategies. It provides definitive guidance by outlining a range of useful planning and design guidelines focusing on the central area . . Page 135 (top) "... City. The resort area must rely on a hierarchal approach to development policy. This includes applying the overarching strategic planning policies presented in the adopted Oceanfront Resort Area C-ei9eejq Plan as well as more focused planning guidance cited in the document entitled Virginia Beach: Creating An Old Beach District Center." Page 137 (bottom) "... for revitalization. The Oceanfront Resort Area Eew-el�Plan and the Old Beach District Center Plan contain general planning guidance and principles with regard to protecting established neighborhoods in the area." Page 138 (bottom) "... with the long term goals cited in the adopted Oceanfront Resort Area Plan. The 31 S` Street project objectives include ...." 2 CITY OF VIRGINIA BEACH 's °f_ oue Narfl� December 14, 2005 APZ-1 USE AND ACQUISITION PLAN Overview The APZ-1 Ordinance amends the City Zoning Ordinance to prohibit all uses in APZ-1 that are incompatible with OPNAV Instruction 11010.36B (December 19, 2002) (the "OPNAV Instruction"). The Ordinance renders existing uses non -conforming but not incompatible, and requires all new development or redevelopment to be consistent with the OPNAV Instruction. As an exception, the Ordinance allows incompatible uses or structures as a replacement of the same use or structure if the replacement use or structure is of equal or lesser density or intensity than the original use or structure. Where application of the APZ-1 Ordinance leaves property without a reasonable use, this Use and Acquisition Plan is intended to direct reuse, rezoning, or purchase of those properties. The Plan The Use and Acquisition Plan is illustrated in the following chart entitled "APZ-1 Use and Acquisition Plan." APZ-1 — Use and Acquisition Plan Tools Develop with Rezone or grant Voluntary acquisition Eminent domain compatible use conditional use permit Property Type ("CUP") for compatible use NONRESIDENTIAL Developed Owner's choice. Owner's choice. Owner Yes. Owner has No. Owner has Already developed can initiate application for development, options development options for use is "not new compatible use. City for reasonable use, so compatible and incompatible" and can will not initiate rezoning City need not acquire. reasonable use. City remain, or owner can because owner has But if initiated by need not acquire. redevelop with a existing use and other owner, City may, different compatible allowable, compatible acquire to "roll back" use. reasonable uses. development in APZ-1. Undeveloped Yes. Owner can Yes. Owner can initiate No. Generally, owner No. Owner has initiate development application for has development development options for to a compatible use. compatible use. City options for reasonable compatible and Every nonresidential need not initiate rezoning use, and City need not reasonable use. City zoning category because owner may seek acquire. But if property need not acquire. allows some approval for some is left with no compatible & compatible & reasonable reasonable use, City reasonable use. use. will acquire. RESIDENTIAL Developed Not applicable Yes. On case -by -case No. Existing use is No. Existing use is "not because the property basis. Owner can initiate "not incompatible." incompatible,' thus City is already developed. rezoning. thus City need not need not acquire. Existing uses are "not acquire. However, incompatible" so no Qualifying Duplex action is needed. Properties may be acquired. Undeveloped No. There is no Yes. On case -by -case Yes. But only if compatible use basis; depends on size, unsuitable for without rezoning/ location and intended use rezonipWCUP artd only CUP. of parcel. Either owner if hew'APZ=1 Zoe or City can initiate Ordinance leaves,,. rezoning. property without a reasonable use rsr "Qualifying No. APZ-1 No. APZ-1 Ordinance Yes. City will acquire No. Existing use as single - Duplex Ordinance prevents prevents new residential for market value at the family home is "not Properties" p new residential development. time of sale as if the incompatible, so City need development. APZ-1 Ordinance not acquire. prohibition of new development does not apply. How each category of property will be affected: Plan. The following is a description of how each category of property will be treated under the NONRESIDENTIAL/COMMERCIAL — DEVELOPED • Retain Existing Use or Develop Consistent with the OPNAV Instruction Developed Nonresidential/Commercial property within APZ-1 would have some reasonable use under the new zoning rules. Owners of such property could retain their existing use, and they would also have other allowable compatible uses. Therefore, the owners of such property could keep their existing use or redevelop the property in any manner consistent with the OPNAV Instruction and the new APZ-1 Ordinance. Such development might require a rezoning or conditional use permit, which would be evaluated on a case -by -case basis. • Voluntary Acquisition Available The City would be willing to purchase Developed Nonresidential/ Commercial property within APZ-1 that are adversely affected by the APZ-1 Ordinance. Only voluntary sales would be permitted. Eminent domain would not be available for such acquisitions. NONRESIDENTIAL/COMMERCIAL — UNDEVELOPED • Develop Consistent with the OPNAV Instruction Most undeveloped Nonresidential/Commercial property within APZ-1 would have some reasonable use under the APZ-1 Ordinance. Therefore, the owners of such property could develop the property in any manner consistent with the OPNAV Instruction and the new APZ-1 Ordinance. Such development might require a rezoning or conditional use permit, which would be individually evaluated on the merits of each case. • Voluntary Acquisition Generally Unavailable Because most such properties will be left with some reasonable use, the City will not acquire them. If a property is deprived of all reasonable use, then the City will acquire it. 3 RESIDENTIAL — DEVELOPED • Existing Dwellings Will Remain Residential developed property would be considered to be a preexisting use and would be allowed to remain. Under the APZ-1 Ordinance, the property may be replaced, repaired, reconstructed, or otherwise improved, so long as the density is not increased. • Redevelopment to Compatible Use, Case -By -Case If the owner of residential developed property wanted to rezone the property or seek a conditional use permit to a traditionally compatible use such as industrial, such redirected uses would be welcomed, so long as the fit was right with the neighborhood. These redevelopments would be handled on a case -by -case basis and would be initiated by the owner. • Dwellings Will Not Be Acquired Eminent domain would not be available for developed residential properties under any circumstances. Dwellings generally will not be acquired by voluntary purchase; however, voluntary acquisition will be available in the limited circumstances of "Qualifying Duplex Properties" as that term is defined on Page 6. RESIDENTIAL — UNDEVELOPED • Rezone/Conditional Use Permit (CUP), If Appropriate After the APZ-1 Ordinance goes into effect, there will be no compatible use available for property zoned residential. Such property could be rezoned or issued a conditional use permit on a case -by -case basis, but certain properties might not be suitable for any nonresidential use. The City would first evaluate whether a rezoning or conditional use permit would be appropriate. • Acquire By Agreement or Condemnation If there are no suitable nonresidential uses, the City would acquire the property because the owner would be left without any reasonable use of its property. Either voluntary purchase or eminent domain would be available. If the City were unable to reach an agreement as to value with the owner, the City could condemn the property. 4 QUALIFYING DUPLEX PROPERTIES • Voluntary Acquisition Available The City would be willing to purchase "Qualifying Duplex Properties" within APZ-1, as defined and described on Page 6. Eminent domain would not be available for such acquisition. Acquisition Rules. Voluntary Acquisitions. A[fected Property: Property located wholly or partially within APZ-1 that is (a) undeveloped property which is currently zoned for residential use, or (b) developed commercial property. For the Voluntary Purchase Program for Qualifying Duplex Properties in APZ-1, see Page 6. Owner -initiated sales only for nonresidential property. Developed commercial property will be acquired only if the owner of the property initiates the sale. Fee Simple or Development Rights/Easements To Be Acquired. The City might acquire either fee simple title, restrictive easements or development rights. In certain cases (for example large lots) the City might want to acquire the land in fee so that the property could be acquired and put to some compatible use. In other cases (for example small infill lots in residential neighborhoods where the owner owns an adjacent, developed lot) the City might want to acquire only development rights. The City would consider adding as a condition to its acquisition of only the development rights that the adjacent owner would be required to resubdivide the property to remove lot lines and create one larger lot. In other words, the City would avoid buying in fee small lots in neighborhoods where it is possible to pay only for the development rights and have the adjacent owner fold the property into his existing use. The object is to avoid City -owned vacant lots that would be difficult to maintain and could adversely affect the neighborhood. The goal would be for the City and the owner to work together to find a solution that compensates the owner and makes the most sense in the context of the neighborhood. City to Pay Market Value Without Regard to APZ-1 Ordinance for Undeveloped Residential Land. Owners of residential property (undeveloped 5 residential land) will be paid market value based on sales of similar properties that are not within APZ-1, so there is no "blight" on the value of their property. The property will be valued as if the APZ-1 Ordinance's prohibition against new residential development does not apply. City to Pay Market Value for Commercial Properties. Owners who sell their commercial property to the City will be paid based on fair market value, with consideration given for the limitations and provisions of the APZ-1 Ordinance and the AICUZ Overlay Ordinance. Voluntary Purchase Program for Qualifying Duplex Properties in APZ-1 1. Application. This program applies only to properties that meet the following criteria ("Qualifying Duplex Properties"): a. Located in APZ-1; b. Currently improved with a single-family home; and c. Duplex use was legally and physically possible before the adoption of the APZ-1 Ordinance (zoning district allowed "by -right" duplex development; physical features made duplex use a reasonable option; and there were no title restrictions preventing duplex use). 2. Voluntary Purchase Pro ram. a. Fee Simple/Total Purchase only. The City will purchase, by voluntary agreement, the lot and all improvements from the owner. b. Valuation. As compensation, the City will pay the market value of the property and improvements at their highest and best use at the time of sale (i.e., higher of value as single-family residence or duplex) as if the APZ-1 Ordinance's prohibition against new residential development does not apply. c. Appraisal. The City will pay for an appraisal of the property, after the City and the owner have agreed on an appraiser. 3. City s Options after Purchase. After purchase of a Qualifying Duplex Property, the City shall rezone the property or otherwise eliminate the potential for duplex development, and do any of the following to be determined on a case -by -case basis: a. Sell the house and lot to a third parry as excess property for continued use as a single-family home; b. Lease the house and property to a third party for residential use; c. Demolish the improvements and sell the lot to adjacent landowners; or d. Rezone the property, if appropriate, to a nonresidential zoning classification and sell or lease the property for new development compatible with the OPNAV Instruction. C If the City decides to proceed under part 3a or 3b above, it is the City's intent to cause noise attenuation measures to be performed on the single-family home, prior to occupancy. Involuntary Acquisitions/Eminent Domain Affected Property. Eminent domain will only be used to acquire undeveloped property zoned for residential use, only if the property has no other reasonable use and only after efforts to voluntarily purchase the property have failed. State legislation needed. State enabling legislation will be needed before condemnation can be used. The City will request state legislation that gives the City the power to condemn, and condemnation will only be allowed for the following circumstances: • Only for undeveloped property zoned for residential use. • Only where property is deprived of all reasonable use. • Only where development rights have not vested. • Only for property wholly or partially within APZ-1. • Only after all efforts to reach a voluntary sale have been unsuccessful. • Only so long as acquisition is needed to protect NAS Oceana as a Master Jet Base. Rights to be Acquired. Either development rights or fee simple rights would be acquired, depending on the particular circumstances of each property. Where the owner owns developed adjacent property, acquiring development rights only will be favored. City to Pay Full Fair Market Value. Where eminent domain is authorized, Owners will be paid fair market value based on sales of similar properties that are not within APZ-1. The property will be valued as if the APZ-1 Ordinance does not apply. Plan is Flexible The preceding guidelines shall be followed in implementing -the APZ-1 Use and Acquisition Plan, except where circumstances dictate other options particular to a specific property. In such cases, the City will consider other options only when (i) the proposed option is consistent with the intent to stop development incompatible with the OPNAV Instruction; (ii) the proposed option "rolls back" existing non -conforming uses by eliminating the use or reducing the density or intensity of the use; or (iii) no other reasonable, compatible use for the property is allowed; provide d, that the option, in the judgment of City Council, does not have an unduly adverse impact on adjacent properties. Other possible options: The City Manager is directed to continue the consideration and development of other methods of converting uses in APZ-1 that do not conform to the OPNAV Instruction to uses compatible with the OPNAV Instruction. Such other options shall have the effect of accomplishing the intent of the APZ-1 Ordinance and the APZ-1 Use and Acquisition Plan and reducing uses not conforming with the OPNAV Instruction within APZ-1 whenever reasonable and feasible. Options considered shall include, but not be limited to, assemblage of property for redevelopment, the use of Economic Development Incentive Program funds and the use of zoning and land use incentives. Implementation instructions: I. Notification This Plan shall take effect upon adoption. Thereafter, the City staff shall, within sixty (60) days, identify all property within APZ-1 and notify the property owner by certified letter of the APZ- 1 Ordinance, the classification of the property under the APZ-1 Use and Acquisition Plan, and provide the owner with a copy of the APZ-1 Use and Acquisition Plan. II. Purchase Beginning January 1, 2006, property owners desiring to sell their property consistent with the provisions of the APZ-1 Use and Acquisition Plan shall notify the City Manager by letter. Letters received shall be date -stamped and priority of purchase shall be by date received, earliest to latest, except that (1) properties left without a reasonable use shall be given first priority; and (2) City Council may elevate the priority of property owners who suffer a demonstrated hardship if an expedited sale would ameliorate such hardship. Purchases of eligible property shall be made in such order, upon approval of the City Council, to the extent that funds are available each fiscal year. Annual Report The City Manager shall report annually to the City Council on the status of all uses not conforming with the OPNAV Instruction within APZ-1. The format of the report shall include an inventory of property within each classification under the Use and Acquisition Plan. Fundine The City Manager is directed each fiscal year to include in the City's annual budget funds for the purpose of acquiring properties within APZ-1 designated for acquisition under the APZ-1 Use and Acquisition Plan in the amount of Fifteen Million Dollars ($15,000,000.00) or such greater amount as circumstances may warrant. Any proceeds the City receives from selling or leasing properties acquired under this APZ-1 Use and Acquisition Plan shall be deposited into the APZ-1 acquisition fund. If in any fiscal year there remains an amount available after the purchase of properties within APZ-1, such funds shall be used to purchase properties to be acquired in the Interfacility Traffic Area for purposes other than the Southeastern Parkway and Greenbelt Project. Plan Administration The City Manager may promulgate rules, regulations and policies consistent with the APZ-1 Use and Acquisition Plan to further the efficient implementation and administration of this Plan. F:\Data\ATY\OID\REAL ESTATE\Assorted Projects\BRAC\Acquisition Plan BRAC Response w-Duplex Purchase 12-13-05.doc MAP #1 INTERFACILITY TRAFFIC AREA SN Legend MACUL-MM �GREMLWE E13WYFROPERTY ,111 KMFFACLrrYTFAFFCAFBk As PSOPO-lED90UrH6kVMNPAltKVA oz? IntifaciltyTraft Area :llw�ll m .,000 apap I mv-w _ Interfacility Traffic Area and Acquisition Strategy Map 2 [%eember 14.205 T 4 65 DB 4 —Aft" 75 DB NAS OCEANA m Neck Rd 70 DB 75 DB 70 DB`, Yi d v. • 65 D6 A "s NALF FENTRESS LEGEND .... . J` ConseraWn AM Boundwy AICUZN67— ,, �...✓' � In6nfacYtyhdfic Anti .�,` - �f 7raatgn Aroi Santlinn Bow,aaiv 1. ftm.11S-th.M—P+e, ` 70 DB edrnnn..nmec,�cmway J R 6506 - Car-d RWRO' W+oer grid We1kr� P10Allced by the City of Vrone Beach FfennkV Opparty t Arta I NOTE DLSCLARAER: THIS DOCUMENT IS INTENDED FOR MERAL PLANNING PURPOSES ONLY. . - ALL WARRANTIES, UCC AND OTHERWISE. EXPRESSED OR IMPLIED, Ares 2 INCLUDING WARRANTIES AS TO ACCURACY OF THE DATA SHOWN HERON AND MERCHANTABILITY AND THE FITNESS FORA PARTICULAR PURPOSE Nam. ARE EXPRESSLY DISCLAIMED AND ALL INCIDENTAL CONSEQUENTIAL OR I. TIitlY rrror.rq pp—". SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION 1WTH THE USE Z OR PERFORMANCE OF THE DATA SHOWN ON THIS MAP ARE EXPRESSLY ompow m a pm ft & DISCLAIMED. ANY DETERMINATION OFTOPOGRAPHY OR CONTOURS. OR fWEW.1nnrWba0M. aw r�.A.rp�pb ANY DEPICTION OF PHYSICAL. IYFROVEYENTS, PROPERTY LINES OR c,MW IN GIs BOUNDARIES IS FOR GENERAL INFORM4TION ONLY AND SHALL NOT BE NroWe P—ftP%-" Drsa C—.d.W USED FOR THE DESIGN, MODIFICATION, OR CONSTRUCTION OF 0 0.5 1 2 3 4 IMPROVEMENTS TO REAL PROPERTY OR FOR FLOOD PLAIN DETERMINATION. Miles Interfacility Traffic Area and Acquisition Strategy map 3 December 14, 2005 40✓ At Ara ♦ 65 DB 70 OB 75 DB 70 DB NALF FENTRESS 0 NAS OCEANA ra Nft* Rd. 4 4% V. LEGM ACU? Mein 7— hWd.AKy7,AkA- C~ U-1 7wsiUm Aw "0— B—doy 75 DB 41d. 0- Reed G—W 70 DB C"—d P o V 65 DS MiowwtMMnrpwagrre Produced by the City of V'worft BeeNr Plem" O&pwtT-* NOTE DISCLAIMER - THIS DOCUMENT IS INTENDFD FOR GMERAL PLANNING PURPOSES ONLY. ALL WARRANTIES, LIOC AND OTHERWISE. EXPRESSED OR IWLIED, WLLMDIW. WARRANTIES AS TO ACCURACY OF THE DATA SHOWN HERON AND MERCHANTAEMLITY AND THE FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED AND ALL INCIDENTAL, CONSEQUENTIAL OR I T1ftddsbftrpftm"pLffpowoMf. SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION MH THE USE Z.S— OR PERFORIAANCE OF THE DATA SHOWN ON THIS MAP ARE EXPRESSLY of DISCLAIMED. ANY DETERMINATION OF TOPOGRAPHY OR CONTOURS. OR ow.w.Adpeft&Pbft FbWfth"A-0111. ANY DEPICTION OF PHYSICAL IMPROVEMENTS, PROPERTY LINES OR C~brGrI BOUNDARIES IS FOR GENERAL INFORMATION ONLY AND SMALL NOT BE rrrpeMA USED FORTHE DESIGN, MODIFICATKK OR CONSTRUCTION OF 0.5 1 2 3 4 1164PROV9IENTS TO REAL PROPERTY OR FOR FLOOD PLAIN DETEFUNAMOk Miles MAP #4 INTERFACILITY TRAFFIC AREA ACQUISITION PRIORITY AREAS Priority 1 w. Open Space Project Greenways &Trails I I Feet 0 2 ,600 9,200' Legend N 1♦ 4. J Q cw mcuizZDNEs ♦♦ a:.�a cnYPROPERTY �♦. fM DiTERFACR►TY TRAFFIC AREA PROPOSEDSOMEASTERNPAP. AY PROPOSED WDKN PUER P.OAD GREENWAY Priority 1: Active Open Space Project- Recreation &Trails Priority 2: 70-75 DB Noise Impact Areas Priority 3: 75 DB Noise Impact Area and above; not in Open Space Project Area a", December 15, 2005 Interfacility Traffic Area Property Acquisition Plan I. THE SUBJECT AREA This strategy applies to Interfacility Traffic Area (ITA), defined as that portion of the Transition Area west of West Neck Creek located within Noise Zone 65 dB DNL or greater. The location of the ITA is shown on the attached Map #1. II. PURPOSE OF THIS STRATEGY As part of the Joint Land Use Study adopted in May of 2005, the City of Virginia Beach agreed to pursue acquisition of land in the ITA, above 70 dB noise impact, as part of a joint effort with the City of Chesapeake and the U.S. Navy. This Plan identifies: • the multiple purposes of this action; • the use of the land once acquired; • the priority of acquisition efforts; • the funding of this effort; and • other aspects of its implementation. III. BACKGROUND The portion of the Transition Area west of West Neck Creek within Noise Zone 65 dB DNL or greater is also known as NAS Oceana's Interfacility Traffic Area because it is the corridor of land underneath the flight path between NAS Oceana and NALF Fentress. Both the Navy and the City understand the importance of this portion of the Transition Area, in part because it is largely undeveloped and thus presents the best opportunity to prevent further incompatible development. and partly because of the heavy usage of the airspace above the ITA. It lies beneath the airspace commonly used by Navy aircraft not only arriving and departing from NAS Oceana, but also transiting between NAS Oceana and NALF Fentress at lower altitudes. Day -night average sound levels (DNL) are greater than 65 dB for most of the ITA, and exceed 75 dB for a portion of it. The Joint Land Use Study (JLUS) calls for the City to pursue purchase of impacted properties in the ITA in Noise Zones above 70 dB. It further calls for density adjustments in the Comprehensive Plan as follows: • continue to limit density to one dwelling per acre in the 65-70 dB DNL noise zone; • amend the Comprehensive Plan to retain agricultural zoning with residential density not to exceed one dwelling per five acres in the 70-75 dB DNL noise zone, as allowed by a conditional use permit; and • reaffirm existing planning policy to maintain agricultural zoning of one residential lot per 15 acres in the 75 dB DNL and above noise zone. The Comprehensive Plan amendment recommended by the Planning Commission achieves these density adjustments. Additionally, the cities of Chesapeake and Virginia Beach, in conjunction with a variety of state and federal agencies, are pursuing construction of the Southeastern Parkway and Greenbelt. The construction of this road has not yet been permitted, but will require a substantial acquisition of land for wetlands mitigation; and much of that acquisition will be in the ITA IV. PURPOSES FOR ACQUISITION The purposes for acquisition of property are: • to reduce the amount of development that could take place, even at very low density, in the ITA; • to provide opportunities for wetlands mitigation for the Southeastern Parkway and Greenbelt; • to conserve fragile land for other environmental purposes; and • to provide for open space and recreational opportunities. All of these multiple purposes can be achieved through this acquisition program. V. ACQUISITION ALTERNATIVES Acquisition options in the ITA include: • acquire fee simple title on a voluntary basis; • acquire fee simple title by eminent domain by VDOT in the case of wetlands mitigation; • acquire development rights on a voluntary basis; and • exchange or trade existing public land for desired property. Acquisition of fee simple title on a voluntary basis is the preferred option for acquisition in the ITA for a number of reasons. At the current zoning, the difference in the value of fee simple title over the value of development rights is relatively small, making fee simple acquisition the more cost efficient option. Trading public land in a different location for the desired property in the ITA is worth considering, but suitable public parcels would need to be identified. Property owners will have the option of voluntarily participating in any acquisition program. All property owners, no matter the basis on which they participate, will receive fair value for their land. VI. USE OF PROPERTY Map #2 describes the general uses to which the property, once acquired, will be put. Those uses best reflect the City's need for active and passive recreation, for environmental protection, for wetlands mitigation, and for development limitations. Properties identified as Area 1 on this map are envisioned primarily as use for active and passive recreation, other 2 municipal uses, agricultural and forestal uses, and land banking for uses compatible with the Joint Land Use Strategy agreement between the City and the U.S. Navy for the ITA Properties identified as Area 2 on this map are envisioned as use for active and passive recreation, wetlands mitigation, and agricultural and forestal uses. VII. SOUTHEASTERN PARKWAY AND GREENBELT MITIGATION AREA PRIORITIES & FUNDING The Cities of Chesapeake and Virginia Beach, together with affected state and federal agencies are pursuing construction of the Southeastern Parkway and Greenbelt (SEPG). The environmental permits required for this project have not yet been secured. The SEPG Project, once built, will result in the loss of wetlands that must be mitigated by the acquisition of other environmentally appropriate acreage in the project vicinity. Federal and state environmental resources agencies have identified the preferred acreage for this mitigation, and a significant portion of that acreage lies within the ITA Map #3 shows the locations of the candidate areas identified for wetlands mitigation that would be acquired for this purpose within and adjoining the ITA. This property will be acquired as part of the SEPG Project on a schedule consistent with the Project schedule, subject to the necessary permits being issued, and will be funded out of the Project's budget. Accordingly, the priority system for other acquisition areas identified below does not apply to this category of land. VIII. OTHER ACQUISITION AREAS Other areas necessary to implement the use plan will also be acquired on a willing buyer - willing seller basis, subject to the availability of funds and in accordance with a priority system outlined here. A. PRIORITIES Three levels of priorities are established for voluntary acquisition outside the mitigation area. These priorities are linked to the development of a series of criteria that would include: • the relative size of a parcel, with larger parcels receiving a higher ranking; • the proximity of a parcel to other acquired parcels, with contiguous parcels receiving a higher ranking; • the desirability of a parcel in achieving or accomplishing recommended land uses noted under VI above; • the level of development pressure to which a parcel is subject, with those under highest pressure receiving a higher ranking; and • other criteria to be developed by City staff which meet and help accomplish the overall purpose of this strategy. Once evaluated and ranked accordingly, three general levels of priorities are established with the first level being the most highly desirable, the second level being highly desirable, and the third less desirable. Map #4 shows the general locations of properties within these three levels of priorities. These levels are further identified as follows: First Level: Any property necessary to complete an active open space or recreation project, such as a bike path or trail, or any property in the 70-75 dB noise impact areas. Second Level: Any property in the 70-75 dB noise impact areas with greater development potential. Third Level: Any property in the 75 dB and above noise impact area not in the first or second level with greater development restrictions. B. FUNDING The establishment of a new program, "JLUS Acquisition Fund" is recommended to acquire property through fee simple title acquisition rather than the acquisition of development rights. Participation in any acquisition program will be strictly voluntary and limited to parcels in the ITA as defined in the ranking and priorities set forth above, as directed by City Council. Any property that is acquired will be purchased at fair market value based on the current zoning. All transactions will be on a cash basis; the issuance of debt for acquisition is not recommended due to the limitations associated with City Council's recently adopted debt indicators. Potential sources of local revenue include the Agricultural Reserve Program (ARP), Open Space Program, Various Site Acquisition (CIP 3-368), Southeastern Parkway and Greenbelt Project (CIP 2-089), and some portion of the real estate tax. Currently, the ARP fund has capacity for a one-time transfer to jumpstart the JLUS Acquisition Fund program in the current 2005-2006 fiscal year. The Open Space Program is a Council priority, and redirecting some of the available funds for this purpose is not advised at this time. Various Site Acquisition (CIP 3- 368) funding is used for strategic land purchases to support City Council goals and future capital improvement projects, and any parcels acquired with this funding must be approved by City Council. The Southeastern Parkway and Greenbelt Project (CIP 2-089) funding is earmarked for right-of-way acquisition only. Given the limitations of these possible sources, the recommended best alternative is to establish pay-as-you-go cash funding derived from a portion of the real estate tax for subsequent fiscal years. State and Federal grants are other potential sources of funds. These should be aggressively pursued as opportunities arise and as available, and, when combined with local sources, could be used to leverage additional funding capacity. Cl It is recommended that a MUS Acquisition Fund be established in the current FY2005-06 Operating Budget. Initial funding can be accomplished with the transfer of $3.7 million (the equivalent of one cent of the real estate tax) from the ARP fund. In subsequent years, one cent of the real estate tax can be dedicated annually to the JLUS Acquisition Fund to provide a reliable and ongoing source of funds. It is recommended that this dedicated revenue have a sunset provision of ten years, so that the program can be re-evaluated at that time to determine if the need for its extension still exists. W, - 49 - Item V-L.1. PLANNING ITEM # 52476 The following registered in SUPPORT: Reverend Torn Conant, 1405 Powder Ridge Court, Phone: 471-8886, represented the Church and its members and advised the jet noise has never been a problem for anyone in the Church. There are no plans for a day care or school. Reverend Conant read the letter signed by all Church Members to the Mayor and City Council, which is hereby made a part of the record. Attorney R. Edward Bourdon, Pembroke One, 5' Floor, Phone: 499-8971 The following registered in OPPOSITION: Captain Stuart Bailey, Executive Officer - NAS Oceana, Phone: 433-3158, advised the proposed site is approximately 5 miles southwest of Oceana and 3 miles north of Fentress. It lies in the greater decibel day/night average zone and directly in line with Runway 5, one of the busiest runways. Upon motion by Councilman Maddox, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY to allow completion of the Joint Land Use Study (JLUS) Ordinance upon Application of Christian Chapel Assembly of God for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CHRISTIAN CHAPEL ASSEMBLY OF GOD FORA CONDITIONAL USE PERMIT FOR A CHURCH Ordinance upon Application of Christian Chapel Assembly of Godfor a Conditional Use Permit for a church on property located at 2751 Salem Road (GPINS 14834859920000; 14835900590000; 14835901080000; 14835992570000). DISTRICT 7 — PRINCESS ANNE Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, MayorMeyeraE. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve and Peter W. Schmidt April 13, 2004 - 46 - Item V-K. 6. PLANNING ITEM # 52836 Upon motion by Vice Mayor Jones, seconded f�v Councilman Reeve, City Council EXTENDED INDEFINITE DEFERRAL re an Ordinance upon Application of Christian Chapel Assembly of God for u Conditional Use Permit. ORDINANCE UPON APPLICATION OF CHRISTIAN CHAPEL ASSEMBLY OF GOD FOR A CONDITIONAL USE PERMIT FOR A CHURCH Ordinance upon Application of Christian Chapel Assembly of God for a Conditional Use Permit.for a church rtt 2751 Salem Road (GPINS 14834859920000; 14835900590000; 14835901080000: 14835992570000). DISTRICT 7-PRINCESS ANNE Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer. Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ran A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox July 13. 2004 -10- AGENDA REVIEW SESSION ITEM # 52539 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: PLANNING L.1. Applications for Variances to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO): a. TIDEWATER CONVENIENCE, L.L. C, at 1689 Laskin Road (DISTRICT 5 — LYNNHAVEN) a. FLOYD E. WATERFIELD, JR at 1680 Mill Landing Road. (DISTRICT 7 — PRINCESS ANNE) L.Z. Application of MALBON BROS. PETROLEUM, L.L.C. for Modification of Proffers re size and access on a Conditional Change of Zoning approved by City Council on July 5, 2000, (Beach Builders, Inc.) on the north side of Culver Lane east of General Booth Boulevard (DISTRICT 7- PRINCESS ANNE) L.3. Application of OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOC, INC for a Modification of Conditions to add boatlifts applicable to a Conditional Use Permit for a community pier approved by City Council on November 28, 2000, and allow installation of up to seventy-five (75) boat lifts at 3665 Sandpiper Road. (DISTRICT 7 — PRINCESS ANNE) ITEM # 52540 The City Attorney referenced: ORDINANCE UPON APPLICATION OF CHRISTIAN CHAPEL ASSEMBLY OF GOD FOR A CONDITIONAL USE PERMIT FOR A CHURCH Ordinance upon Application of Christian Chapel Assembly of God for a Conditional Use Permit for a church on property located at 2751 Salem Road (GPINS 14834859920000; 14835900590000; 14835901080000; 14835992570000). DISTRICT 7 —PRINCESS ANNE This Ordinance was DEFERRED INDEFINITELY, to allow completion of the Joint Land Use Study (JLUS. Council Lady McClanan has been contacted by the Pastor of Christian Chapel Assembly of God and would like RECONSIDERATION. This application has been DEFERRED and, therefore, can be scheduled for any City Council Session. The City Attorney and the Planning Department are in the process ofscheduling a meeting with the applicant. May 11, 2004 -13- CITYCOUNCIL COMMENTS 3:40 P.M. ITEM # 54585 Council Lady McClanan referenced correspondence in the City Manager's Package from the Parks and Recreation Department outlining expenditures desired by the public. There is no mention of City appearance, landscaping, a duty which has been delegated to this department. Vice Mayor Jones and Council Members Wood and Villanueva concurred. Proper maintenance of landscaping should have been contained in the survey. Charles Meyer, Chief Operating Officer, advised the survey was focused strictly on service areas and parks and park facilities. This survey was intended to focus exclusively on citizens' priorities concerning investments made in the Parks and Recreation system. All of the service levels were purposely excluded. The City Manager advised Tom Ward - Virginia Beach Beautification Commission, will present a status report to City Council concerning the Community ColorProgram. A program relative proper maintenance of the City's landscaping shall be provided during the Budget process. Councilman Reeve requested closer cooperation with SheriffLanteigne and his Workforce to stimulate the effort of increased maintenance of the City's right-of-ways. ITEM # 54586 Councilman Villanueva referenced a Resort Advisory Commission report re a DRAFT Ordinance concerning the news media racks. The City Attorney advised the Ordinance is still being developed. The concept is not premature, but the Ordinance is premature. Deputy CityAttorney William Macali and Assistant CityAttorney Ron Ingram and Amy Mapp are still editing this ordinance. The details of the ordinance need refinement. The City Manager advised USA Today and The Virginian Pilot would not participate. ITEM # 54587 Council Lady Wilson referenced the Ordinance upon Application of Christian Chapel Assembly of God for a Conditional Use Permit for a church on property located at 2751 Salem Road. This application has been DEFERRED INDEFINITELY. Councilman Reeve advised Reverend Conant reiterated the Navy's interpretation is the Church was operating a daycare center and school. This is not the case. The nursery is only for housing the small children during Sunday services and the classrooms are just for Sunday school. Councilman Reeve supported this application being scheduled for a City Council Session. Correspondence from the Navy shall be provided to City Council by Karen Lasley, Zoning Administrator. November 8, 2005 CUP - Church cEi , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Christian Chapel Assembly of God — Conditional Use Permit (church) MEETING DATE: December 20. 2005 ■ Background: An Ordinance upon Application of Christian Chapel Assembly of God for a Conditional Use Permit for a church on property located at 2751 Salem Road (GPINS 14834859920000; 14835900590000; 14835901080000; 14835992570000). DISTRICT 7 — PRINCESS ANNE ■ Considerations: The Planning Commission deferred this request on December 10, 2003 due to the uncertainty surrounding issues related to AICUZ. The Planning Commission acted on the application at their March 10, 2004 hearing under the original Interim AICUZ Guidelines approved on February 10, 2004. Under those original Guidelines, this application, as it was submitted prior to February 3, 2004, could be heard by the Planning Commission and acted on based on its merits. On March 23, 2004, the City Council amended the Interim AICUZ Guidelines, deleting the provision regarding applications submitted prior to February 3, 2004. The amended Guidelines call for indefinite deferral of this item. On April 13, 2004, the City Council indefinitely deferred the item. The Councilmember for the Princess Anne District requested that this item be returned to the City Council for consideration on July 13, 2004 where it was again deferred indefinitely. If City Council adopts the AICUZ Overlay Ordinance on December 20th, the Interim AICUZ Guidelines will no longer be applicable and City Council may proceed to hear this application. The site is located in an AICUZ of greater than 75 dB DNL surrounding NAS Oceana, where churches are not compatible uses. The AICUZ Overlay allows approval of this discretionary request if the intensity of the use is not being increased by the application. The church has indicated in writing that the proposed additions are designed to meet the needs of the existing congregation and this letter is attached. A revised letter from the Navy dated July 7, 2005, is also attached. Summa[y of Request: The applicant wishes to obtain a Conditional Use Permit for an expansion to the existing church. The site is developed with a modular building, currently being used by the church, and a parking area. A Conditional Use Permit for a church was obtained in 1991. Christian Chapel Page 2 of 3 The proposed project will be phased, beginning with the construction of a multi- purpose building and 50 additional parking spaces. The proposed building will contain a sanctuary with seating for members, new restrooms, nursery area, baptistery with changing rooms, kitchen and storage area. The sanctuary will also be used as a fellowship area. Phase 2 of the project will connect the proposed building to the existing modular building via an enclosed hallway and foyer, and an open colonnade. The connecting hall / foyer and open colonnade is designed to screen the existing modular building and provide a new appearance for the church. The second floor of the addition will contain Sunday school classroom space and an audiovisual room, and will be completed during Phase 3. Phase 4 of the proposed expansion will complete the parking area, relocate a shed and pave a recreational area. A new lobby and covered drop-off area is proposed for Phase 5. To complete the project, the roof on the existing modular building will be replaced with a trussed peaked roof to match the newer portion of the building. The church conducts services on Sunday at 8:15 a.m. and 11:15 a.m. Sunday school is held at 10:00 a.m. On both Saturday and Sunday, the church provides student ministries in the evening from 4:40 p.m. to 10:00 p.m. Prayer and children's club meetings are conducted on Wednesday evenings from 6:30 p.m. to 9:00 P.M. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-1 to approve this request with the following conditions: 1. The proposed additions to the church shall be developed substantially in accordance with the submitted conceptual site plan titled "A New Worship Center for CHRISTIAN CHAPEL ASSEMBLY OF GOD", prepared by Barnes Design Group and dated April 15, 2002. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The proposed parking areas, recreation area, open -space area and landscaped areas shall be installed in accordance with the submitted conceptual site plan titled "A New Worship Center for CHRISTIAN CHAPEL ASSEMBLY OF GOD", prepared by Barnes Design Group and dated April 15, 2002, except only one entrance / exit to the site from Salem Road shall be allowed. The location of the proposed entrance / exit will be determined during detailed site plan review. 3. The proposed building shall be constructed substantially in accordance with the submitted elevation plan titled "A New Worship Center for CHRISTIAN CHAPEL ASSEMBLY OF GOD", prepared by Barnes Design Group and dated April 15, 2002. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Christian Chapel Page 3 of 3 Planning. 4. The proposed building shall be constructed to comply with appropriate sound attenuation measures for structures located within an AICUZ noise zone of more than 75dB Ldn. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: �VWL� CHRISTIAN ia CHAPEL June 24, 2005 Ms. Faith Christie City of Virginia Beach Department of Planning 2405 Courthouse Drive Building 2, Room 100 Virginia Beach, VA 23456 Dear Ms. Christie, The membership of Christian Chapel is currently meeting in modular buildings, and the proposed additions are designed to meet the needs of the existing congregation. Yours truly, Tom Conant Senior Pastor DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH, VIRGINIA 23460-2168 IN REPLY REFER TO: 5726 Ser 33/368 July 7, 2005 Ms. Faith Christie City of Virginia Beach Department of Planning 2405 Courthouse Drive, Building 2 Virginia Beach, VA 23456-9040 Dear Ms. Christie: Thank you for the opportunity to review the Conditional Use Permit Application by Christian Chapel Assembly of God. This site is located approximately five miles southwest of Naval Air Station (NAS) Oceana and three miles north of Naval Auxiliary Landing Field (NALF) Fentress in the greater than 75 decibel (dB) day -night average (Ldn) noise zone. Under the Navy's Air Installations Compatible Use Zones (AICUZ) Program churches are not compatible with airfield operations in this zone and our objections were outlined in a letter dated November 17, 2003. Nay staff and I have reviewed this revised proposal and after careful evaluation and deliberation we conclude that the current use is considered a pre-existing non -conforming land use. We have met with a delegation. from `.he church to discuss the issues and Pastor Conant and my Community Planning Liaison Officer had a telephone conversation to discuss concerns. Pastor Conant assured my Community Planning Liaison Officer that our previous concerns with the classrooms and nursery were for use on Sunday when the congregation is most active and that the grounds are basically dormant the rest of the week. In a letter to yc�u from Pastor Conant he states that "the proposed additions are designed to meet the needs of the existing congregation" which indicates to us that the density will remain the same. If the city determines that this must be allowed and that the project must go forward, we strongly recommend a noise level reduction of at least 30 dB be incorporated into the design and construction_. If you have any questions, please contact my Community Planning Liaison Officer, Mr. Ray Firenze at (757) 433-3158. Sincerely and very respectfully, T. C y Copy to: CO-MNAVREG MIDLANT ( 001NO2 ) LAN`.i'DIV Regional Engineer Mayor Meyera Oberndorf Virginia Beach City Council Virginia Beach Planning Commission U.S/ Navy a ffirer G13-212-CUP-2003 CHRISTIAN CHAPEL ASSEMBLY OF GOD Agenda Item # 7 March 10, 2004 Public Hearing Staff Planner: Faith Christie The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General i Y . The Planning Commission deferred this request on December 103. 2003 due to the uncertainty surrounding issues related to AICUZ. Under the Interim AICUZ Guidelines, this application, as it was submitted prior to February 3, 2004, may be heard by the Planning Commission and the City Council based on its merits. REQUEST: Conditional Use Permit for a Church LOCATION: Property located at 2751 Salem Road Mao t� to S-1< Christian Chapel Assembly of God .. A Y \ � AT, Q AG-1 I AG-1 . O AG-1 AG-1 �. AG-2 SAG-2 oQ0[] eruf� AC-1 }' G- aG-p AG-2 D zl AC-2 CUP - Church r GPIN: 14834859920000; 14835900590000; 14835901080000; 14835992570000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 6.6 acres EXISTING The Christian Chapel Assembly of God occupies the site. Portions of LAND USE: the site are heavily wooded. SURROUNDING North: . Single-family dwelling and undeveloped parcels / LAND USE AND AG-1 and AG-2 Agricultural Districts ZONING: South: • Single-family dwelling and heavily wooded undeveloped parcels / AG-1 and AG-2 Agricultural Districts East: . Salem Road • Across Salem Road are single-family dwellings and undeveloped parcels / AG-1 and AG-2 Agricultural Districts West: • Heavily wooded parcels / AG-1 and AG-2 Agricultural Districts (Pending change of zoning to Conditional R-20 Residential District and a Conditional Use Permit for an Open Space Promotion) NATURAL The rear portion of the site is heavily wooded. The applicant had the RESOURCE area inspected by the U.S. Army Corps of Engineers, the Virginia AND Department of Environmental Quality, the Virginia Marine Resources CULTURAL Commission and the City of Virginia Beach Waterfront Operations FEATURES: Section of the Planning Department and reports that the project does not require any special permits or approvals. The applicant proposes to maintain this area as open space. AICUZ: The site is in an AICUZ of greater than 75dB Ldn surrounding NAS Oceana and NALF Fentress. The United States Navy comments that the proposed expansion is not compatible with the surrounding airfield operations. 77 Summary of Proposa The applicant wishes to obtain a Conditional Use Permit for an expansion to the existing church. The site is developed with a modular building, currently being used by the church, and a parking area. A Conditional Use Permit for a church was obtained in 1991. A Conditional Use Permit for a private school was approved in 1998, but was never activated. The proposed project will be phased, beginning with the construction of a multi -purpose building and 50 additional parking spaces. The proposed building will contain a sanctuary with seating for members, new restrooms, nursery area, baptistery with changing rooms, kitchen and storage area. The sanctuary will also be used as a fellowship area. Phase 2 of the project will connect the proposed building to the existing modular building via an enclosed hallway and foyer, and an open colonnade. The connecting hall / foyer and open colonnade is designed to screen the existing modular building and provide a new appearance for the church. The second floor of the addition will contain Sunday school classroom space and an audiovisual room, and will be completed during Phase 3. Phase 4 of the proposed expansion will complete the parking area, relocate a shed and pave a recreational area. A new lobby and covered drop-off area is proposed for Phase 5. To complete the project, the roof on the existing modular building will be replaced with a trussed peaked roof to match the newer portion of the building. The church conducts services on Sunday at 8:15 a.m. and 11:15 a.m. Sunday school is held at 10:00 a.m. On both Saturday and Sunday, the church provides student ministries in the evening from 4:40 p.m. to 10:00 p.m. Prayer and children's club meetings are conducted on Wednesday evenings from 6:30 p.m. to 9:00 p.m. Proposed Site Plan q V� 1W m, Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Consistency with the Comprehensive Plan recommendations for the area. • Compatibility with airfield operations surrounding NAS Oceana and NALF Fentress. • Compatibility with the surrounding uses. Ccmprehense Flan The Comprehensive Plan Map designates this area of the city as the Transition Area, an area planned for appropriate growth opportunities, consistent with the economic vitality policies of the city. Staff Evaluation J Staff recommends approval of this request. Staffs evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the `Major Issues' identified at the beginning of this report. The proposal's strengths in addressing the `Major Issues' are architectural relief in the building. Additionally, as discussed in the Comprehensive Plan Policy Document under the Citywide Issues and Policies, the character of existing neighborhoods should be preserved and protected against inappropriate land use intrusions while recognizing the legitimate need for a limited amount of compatible support activities. Even though the surrounding homes in the immediate area are not situated in what one would typically think of as a "neighborhood", a neighborhood does exist, and a church is a compatible accessory use within a neighborhood. (2) While the United States Navy opposes any additions to the church because the site is within the high AICUZ of greater than 75dB Ldn, staff believes that sufficient building code requirements exist to adequately buffer the building from the overhead jet noise. Additionally, the primary church services are held during off-peak flight times. (3) The church has been conducting church services on this site for over ten years and has shown that it is compatible with the surrounding uses. Staff concludes that the proposed expansion is appropriate and should ensure that the current compatibility of the use continues into the future. Staff, therefore, recommends approval of this request with the conditions below. Conditions The proposed additions to the church shall be developed substantially in accordance with the submitted conceptual site plan titled "A New Worship Center for CHRISTIAN CHAPEL ASSEMBLY OF GOD", prepared by Barnes Design Group and dated April 15, 2002. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The proposed parking areas, recreation area, open -space area and landscaped areas shall be installed in accordance with the submitted conceptual site plan titled "A New Worship Center for CHRISTIAN CHAPEL ASSEMBLY OF GOD", prepared by Barnes Design Group and dated April 15, 2002, except only one entrance / exit to the site from Salem Road shall be allowed. The location of the proposed entrance / exit will be determined during detailed site plan review. 3. The proposed building shall be constructed substantially in accordance with the submitted elevation plan titled "A New Worship Center for CHRISTIAN CHAPEL ASSEMBLY OF GOD", prepared by Barnes Design Group and dated April 15, 2002. Said plan has been exhibited to the City of Virginia Beach City Council and CHRISTIAN CHAPEL Agenda ltern ; .7 J `Page, 6 is on file in the City of Virginia Beach Planning. 4. The proposed building shall be constructed to comply with appropriate sound attenuation measures for structures located within an AICUZ noise zone of more than 75dB Ldn. NOTE. Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. CH $R d Supplemental I nformatlon Zoning History CUP - Church # I DATE IREQUEST ACTION 1 1-13-98 Conditional Use Permit (Private School) Approved 8-12-91 Conditional Use Permit (Church) Approved 2 11-28-88 Subdivision Variance Approved 3 3-25-85 Conditional Use Permit (Addition to a cemetery) Approved Public Mency Comments Public Works Master Transportation Salem Road in front of this site is a two-lane undivided Plan (MTP): minor suburban arterial. It is designated on the Master Transportation Plan as a 100-foot divided right-of-way with a multi -use trail and a scenic easement. Sufficient right-of-way width exists along the frontage of the site. The site will only be allowed one access from Salem Road. The location of the single access shall be determined during detailed site plan review. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use — 73 / 293 on Salem Road 5,500 13,600 Sunday ADT' ADT' Proposed Land Use 3-137 / 549 on Sunda Average Daily Trips Z as defined by a Church s as defined by a Church Public Utilities Water: The site is served by well water. Health Department approval for the additions shall be obtained. Sewer: The site is served by a septic system. Health Department approval for the additions shall be obtained. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CHRI Fire and Rescue: Fire code permits will be required at the time of occupancy. The applicant should contact the Fire Department for further information. Fire lanes may be required after occupancy. Fire hydrants shall be located within 400-feet of a commercial structure. T�7 CHRI Exhibit B Proposed Site Plan Exhibit B-2 Proposed Site Plan (DETAIL) < t4 CO < V V Z Z :4 uj z 46 Exhibit C Proposed Building Elpvatien x� i KOM R on Exhibit C-2 Proposed Building Rendering M. Exhibit C-3 Proposed Building Rendering CHRIST-IAN Agenda DISCLOSURE STATEME_7 NT I(= Exhibit D Disclosure Statement APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) F If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) 14 5 TPA: 4,5Y, err' C4'h'„PV/ ❑ Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. If the applicant is not the current owner of the property, complete the Property Owner Disclosure section below. PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: J (Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, 1 am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. Applicant's Signaiure Print Name Property Owners Signature (if different than applicant) Print Name Conditional Use Pennit Application Pane 1 0 of 9i1 DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH, VIRGINIA 234E0-2168 Ms. Faith Christie City of Virginia Beach Department of Planning 2405 Courthouse Drive Building, 2, Room 100 Virginia Beach, CIA 23456-9040 Dear Eqs. Christie: Exhibit E Supplemental Information IN REPLY REFER TO 5726 Ser 32 / 0432 November 17, 2003 Thank you for the opportunity to review the Conditional Use Permit Application by Christian Chapel Assembly of God. The Navy's Air Installations Compatible Use Zones (AICUZ) Program considers the proposed expansion of their facility on Salem Road not compatible with airfield operations. This site is located approximately five miles southwest of Naval Air Station (NAS) Oceana and three miles north of Naval Auxiliary Landing Field (NALF) Fentress in the greater than 75 decibel (dB) day -night average (Ldn) noise zone. There are several key flight tracks that pilots use to navigate to and from NAS Oceana and NALF Fentress that concern us as does the size of the expansion. NALF Fentress Field Carrier Landing Practice pattern affects this area as do overhead arrivals, and inter -facility arrivals and departures to and from, NALF Fentress that fly directly over this property. We are not in agreement to exposing an expanded congregation to flight operations. The multi -purpose building that includes the church sanctuary, classrooms and nursery are subject to high single event noise levels. An F/A-18 Hornet in landing configuration at 1000 feet has a sound exposure level of 109 decibels and an F/A-18 Super Hornet is expected to be 114 decibels. These are the levels that will be typical for aircraft on late night straight in arrivals from NALF Fentress. At an altitude of 1500 feet on an instrument approach the, Hornet has a sound exposure level of 106 decibels and the Super Hornet is 110 decibels. The sound exposure level represents both the intensity of sound and its duration. So, for an aircraft flyover it includes both the maximum and lower decibel levels and is representative of the entire event. In comparison, the noise environment of a rock music concert is approximately 110 decibels. NAS Oceana and HALF Fentress are 24-hour facilities. Exhibit E-2 Supplemental Information 5726 Ser 32 / 0432 November 17, 2003 The Navy acknowledges the landowners' desire to develop their property, but I urge you to deny their request. If you have any questions, please contact my Community Planning Liaison Officer, Mr.. Ray Firenze at (757) 433-3158. Sincerely and very respectfully, T. U. . Navy in Officer Copy to: COMNAVREG MIDLANT (00/NO2B) LANTDIV Regional Engineer, Oceana Mayor Meyera Oberndorf Virginia Beach City Council Virginia Beach Planning Commission CHRISTIAN Our Cities lorn Conant n Senior Pastor Oar Field l OLI-� Crtabb - Spiritaral Life Pastor John 4:35 Adrian Sthoonrnaker , Student Ministrion Pzritor CHAPEL February 2, 2004 Ms. Faith Christie City of Virginia Beach Department of Planning 2405 Courthouse Drive Building 2, Room 100 Virginia Beach, VA 23456-9040 Dear Ms. Christie, I have read over the letter received by your office from the commanding officer of NAS Oceana regarding our Conditional Use Permit Application which recommended denial of our request. I would like to offer some insights that may be pertinent. Firstly, Christian Chapel has served the community of Virginia Beach at the same location on Salem Road for over eleven years. During that time there has never once been a time when the "sound of freedom" from Navy jets has interfered with or bothered any service or event. We have never received any complaint of noise causing distress for any of our members. We have never had to interrupt a class session or sermon due to high jet noise. It has simply NEVER been an issue. Secondly, our largest public gatherings are on Sunday morning. Having served in the Navy, it is my understanding that flight operations (for training) are not conducted at that time. In fact, I cannot recall ever hearing a jet fly over on Sunday mornings. In addition, Christian Chapel is not a 24-hour facility. Late night flight operations have no bearing on our congregation since no one is here at that time of day. Thirdly, the increase of noise level with the arrival of the F/A-18 Super Hornet is only 5 decibels above current levels. If we have not been bothered up to this point, 5 decibels more will not make a difference. Finally, the volume of music during our services of praise and worship very likely approaches that of a rock music concert and we probably would not notice a jet flying over anyway. Christian Chapel serves a vital need in our community among civilians and navy personnel alike. In order to serve a growing community we must grow. Our congregation includes a large percentage of active duty and retired military members. We support the Navy's need for training and applaud their efforts to keep pilots at a high level of readiness. We would never request any changes to their flight operations schedules nor deny the Navy its use of local airfields. Because of this and the reasons stated above, we disagree with the assertion that expansion of our facilities is not compatible with airfield operations. We understand the Navy's desire to limit noise exposure in residential areas and note with pleasure that the Virginia Beach City Council is working closely and purposefully with the Navy to find a solution that meets both the Navy's and the city's needs. Your concern and hard work is deeply appreciated. Please add this to the file containing our Conditional Use Permit Application. If you have any questions, please contact me at (757) 427-9371. Held by Hl� Grace, Rev. Tom Conant, Pastor Copy to: Mayor Meyera Oberndorf Virginia Beach City Council Virginia Beach Planning Commission Item #7 Christian Chapel Assembly of God Conditional Use Permit 2751 Salem Road District 7 Princess Anne March 10, 2004 gels I 7 Dorothy Wood: The next item is the Christian Chapel Assembly of God. It's a Conditional Use Permit for church expansion. Is there someone here representing the Christian Assembly? Hello sir. Chandler Talbert: My name is Chandler Talbert. I'm a Trustee at Christian Chapel. Dorothy Wood: Thank you Mr. Talbert. Can you tell us about what you're doing? Just a little bit please. Chandler Talbert: Yes. Christian Chapel has been on Salem Road for a number of years. We built there originally on undeveloped land. We've grown. Our congregation has grown, and we have basically outgrown our building. We just want to expand. Dorothy Wood: That's a good thing isn't it? Chandler Talbert: It's a very good thing. Dorothy Wood: Are there any questions? Robert Miller: At one time, I think we had some information that perhaps there was a school at the site? Is there no school at that site at this point? Chandler Talbert: No sir. The school didn't materialize. It couldn't get enough children to commit to come to the school. It was going to be a pre-school. It just didn't pan out. Robert Miller: How many parishioners do you have right now? Chandler Talbert: About 200. I think that's average attendance. Robert Miller: Okay. Dorothy Wood: Mr. Crabtree? Eugene Crabtree: One sheet is says it's a Conditional Use Permit for parking lot and then in the proposed project it talks about building new construction. Are you doing just the parking lot or are you requesting additional buildings? Item #7 Christian Chapel Assembly of God Page 2 Chandler Talbert: I don't know what you were looking at. I was looking at what was in the agenda item. It's for a building. It's a three-phase project. Eugene Crabtree: I saw that in one. And on one sheet that I have that staff gave us says it's for a parking lot. In addition to additional spacing and you be building new construction? Chandler Talbert: Yes sir. Dorothy Wood: Thank you. Are there any other questions? Thank you sir. Chandler Talbert: Thank you. Dorothy Wood: Thank you very much for coming. Is there any opposition? Joseph Strange: In opposition, we have Bobby Rountree representing the U.S. Navy. Dorothy Wood: Welcome Bobby. It's always good to have you with us. Bobby Rountree: Good afternoon. My name is Bobby Rountree. I'm here representing NAS Oceana. With regard to the proposal, I pulled from the Planning Department, the proposal states that the proposed building will contain a sanctuary for seating of 500 members, new restrooms, a nursery area, and it will also contain classroom space and an audio/visual room. That is what I'm here to talk about this afternoon, not just a parking lot. I'm here on behalf of the Navy, more importantly, the future additional members of this congregation that do not have the ability to come here today. I'm speaking in opposition of the planned expansion. The proposed site is located approximately 5 miles southwest of Oceana, three miles north of Fentress in the greater than 75 decibel noise zone. As you know, it's on the western side of the transition, which is under the main thoroughfare to and from Ocean's Runway 5. It's also in the vicinity of F. Donald Reid and VA -CAR Developments, which have recently come through here. Runway 5 has accounted for 42 percent of our 201,000 operations in 2003. Aircraft on approach to that runway come through there at about 1,000 feet at 108 decibel's F-18, using the current model we have here, 114 decibels soon to be this fall, and when they soon will be arriving at Oceana and operating out of that installation. If you break down the proposal, the classroom space, which is part of it is in the greater than 75 decibel average noise level, which is incompatible with the Navy's AICUZ program, as is a nursery or daycare center. We ask that you please consider our concerns on your way to the recommendation to Council, and we do view further development in this area as incompatible for the mission of NAS Oceana. Thank you. Dorothy Wood: I think he was talking about the daycare on Sunday mornings. It's not a school. Did you realize that? Bobby Rountree: Yes. Item #7 Christian Chapel Assembly of God Page 3 Dorothy Wood: And, also I believe that he really hadn't noticed any flights going over on Sunday mornings. Bobby Rountree: It seems that anyone that comes here with a proposal doesn't happen to notice the aircraft in recent months. Dorothy Wood: Are there any questions? Mr. Miller? Robert Miller: Mr. Rountree, in your guidelines under your instruction, obviously this is a Use that you have identified as one that is not compatible in your AICUZ areas? Bobby Rountree: Yes sir. Robert Miller: In any AICUZ area or in any noise zone? Bobby Rountree: In the greater than 75 decibel is what I researched this morning before coming here today. Robert Miller: Would it be applicable in another? Bobby Rountree: I would have to research that. I don't want to shoot off. Robert Miller: And, since this land owner already has this church and has been here for some period of time, you would always looking at your notes if there is another land use you would certainly encourage that, what land use would you encourage at this site? Bobby Rountree: There is probably in the vicinity of 40-50 compatible land uses per the AICUZ instruction. I would recommend any one of those would be highly supported by NAS Oceana. Robert Miller: So, NAS Oceana would actually recommend another land use for this church site? Bobby Rountree: Certainly. Robert Miller: And not a church? Bobby Rountree: The existing church is there. The pre-existing non -conforming land use, a term you are all very familiar with, and it's there. There is nothing we can do about that. A decision was made at some point in time, but the future exposure of congregation and again, I know it's predominately in the Sunday morning time frame, historically Oceana doesn't operate heavily during that time of day. The one thing we don't know is how it is going to play out in the future, is the Navy's new fleet ratings plan in response to war on terror. National Command Authority Tasking could change the way that installation runs on any given day and could start impacting members of the Item #7 Christian Chapel Assembly of God Page 4 congregation in the morning. It also says there would be some Wednesday evening prayer and children club from 6:30 to 9:00, which is a predominately pretty busy time historically for Oceana/Fentress. Robert Miller: So, what you would say is that you would recommend the existing church stay the way it is and not grow or expand? Bobby Rountree: Yes sir Robert Miller: Thank you. Dorothy Wood: Are there any other comments? Ronald Ripley: My questions are along the same line. The exact question that I was going to ask is what other land use would you put there? You've answered by saying the existing use is appropriate that's there. Did you not say that? Bobby Rountree: We wouldn't ask them to move their existing facility. Ronald Ripley: But you're objecting to them expanding slightly? Bobby Rountree: Yes sir. It's the increase of the density of the people that is the concern of the Navy. Exposing them to the excessive noise and/or the accident potential zones historically where the aircraft operate close to the airfield. As you are all aware, anywhere basically inside of their traffic pattern to and from Oceana there is potential or mishap, however small, and that's the concern that we have. It's the concentration of people and increasing that concentration. Dorothy Wood: Mr. Rountree, when a church has a certain number of people normally, they join a church perhaps not because of a new building but because of other reasons. Do you think they would have more members because they built another or that their present members would be more comfortable? Bobby Rountree: I don't think I'm in a position to answer that. If they would grow or not, I can't answer that. Dorothy Wood: Any other questions? Bob? Robert Miller: It's going to sound like I'm picking on you and to some extent it does but it's probably not new to you, unfortunately. On Oceana, are there chapels on Oceana? Bobby Rountree: Yes sir. Robert Miller: Are any of them new? Item #7 Christian Chapel Assembly of God Page 5 Bobby Rountree: Not that I'm aware of. Robert Miller: Any of them going to expand? Bobby Rountree: Not that I'm aware of. Robert Miller: Ever? Bobby Rountree: There's no current plans to expand any chapel on Oceana or Dam Neck. Robert Miller: As you increase the number of people at Oceana, it would seem like that's in the realm of possibilities, that facilities on the base would have to be expanded. Bobby Rountree: If that was the case. But the population of Oceana is going to decrease under East Coast base. I know the Super Hornet by almost 3,000 personnel reduction. Robert Miller: So, we're not going to have any expansion on Oceana of housing or commissaries? Bobby Rountree: Commissary recently completed all the installation. Robert Miller: It's the AICUZ zone isn't it? Bobby Rountree: It's in the high noise zone. Yes sir. Robert Miller: It seems like we have a land owner here who has certainly some vested rights, and it seems a little bit tough on those folks to say, "well, you got a nice church and you're allowed to have the same number of people you have right now, but you have to go out in our community, the quality of life, we would certainly encourage, and that is part of the quality of life that you can't come here. You have to go somewhere else outside the AICUZ to go to church. Bobby Rountree: It's a tough decision. I'm glad you're making it and not me. I'm just making a recommendation. Robert Miller: I'm just amazed that you're making the recommendation. Dorothy Wood: Are there any other comments Mr. Rountree? Bobby Rountree: No ma'am. Dorothy Wood: Thank you so much for coming. Sir, would you like to come back up? Do you have any other comments sir? Item #7 Christian Chapel Assembly of God Page 6 Chandler Talbert: I'd just like to say that we've been there ten years and we've never had one complaint at all about noise. Planes do fly over there on Sunday. Actually, I think our worship service is louder. Dorothy Wood: Than the plane? Chandler Talbert: Yes. Robert Miller: Maybe you're bothering the planes. Chandler Talbert: I understand the Navy's position. Dorothy Wood: Certainly, they all support the Navy. Janice Anderson: Excuse me. Dorothy Wood: I'm sorry. Jan? Janice Anderson: Just curious. Your congregation, is that mainly from the area surrounding your church out there on Salem Road? Chandler Talbert: No it's not. We have people from Suffolk that come to our church. Of course, I think the large portion is within a five -mile radius. Janice Anderson: Thank you. Chandler Talbert: I did want to state to that quite a few of our people, including myself, are retired military. Our pastor is retired military. Dorothy Wood: Thank you sir. Are there any other comments? Any discussion? Robert Miller: I'm at a loss to vote against it. I think the church has rights to be able to use the property. I think we certainly won't incur that aspect of our quality of life in our City. I believe the Navy would certainly endorse that and I don't imagine that Congress of the United States or anyone else being against Freedom of Religion in the United States of America. And, I think you all have a very nice plan. The plan looks like a very complete plan. It has been well thought out. It looks well designed. It certainly looks like the type of facility that I would encourage anywhere in our City including at this location. I'm not going to take away your rights to be able to use your property. I'd make a motion that we approve this. Dorothy Wood: Do I hear a second? Ron? Ronald Ripley: I'll make a second. I'd like to comment too. Item #7 Christian Chapel Assembly of God Page 7 Dorothy Wood: Certainly. Ronald Ripley: In this instance, and the way I viewed this is it's a redevelopment of an existing use. It's an expansion of a use that's been there for along time. It's not like we're adding a new use to this area. This is a sensitive time that we're in because obviously were trying to forge a new understanding with Oceana, and we're right in the throws of that, and we certainly don't want to offend our folks from Oceana. In this instance, this is an existing use. It's a slight expansion to meet a need within the community. I think it's appropriate to approve this also. Dorothy Wood: Thank you. Are there any other comments? Joe? Joseph Strange: I agree with Ron. I would say that on a scale of 1 to 10 if you were going to approve something that may be would object to that this would probably be a one rather than top of scale there. So, in the interest of trying to find some type of valid between the landowner and the Navy, I think this would be an appropriate time to tie with the landowner. Dorothy Wood: Perhaps it's a pebble rather than a boulder? Joseph Strange: I think that would be a good analysis. Dorothy Wood: Are there any other comments? Eugene Crabtree: I'm torn between the two to support the stand of the U.S. military and Department of Defense and the church at the same time. With all of the ongoing studies and everything that is going on in the area at the present time and not knowing what the results of some of them are going to be in the future, I'm rather reluctant to pass this on to City Council and have it come back to us again at a later date because of some action. I find it difficult to approve it at this time. I'm not against the church expanding or the parking lot but at this incurred time, I'm reluctant to approve it. Dorothy Wood: Thank you. Is there anybody else? We had a motion by Mr. Miller and a second by Mr. Ripley that we approve the expansion of Christian Chapel Assembly of God. AYE 10 NAY 1 ANDERSON AYE CRABTREE NAY DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE ABS 0 ABSENT 0 Item #7 Christian Chapel Assembly of God Page 8 RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote 10-1, the application of Christian Chapel Assembly of God has been approved. Dorothy Wood: Thank you very much sir for coming. Item #21 City of Virginia Beach An Oidmance to Amend Sections 401, 501, 601, 801, 901. 1001 and I 110 of the City Zoning Oidmance by Prohibiting Uses Designated as Incompatible in the Portions of Aoiicultutal, Residential, Apartment, Office, Business, Industrial And PD-HI Zoning Districts Within Accident Potential Zones I (APZ-1) Decemhei 14, 2005 REGULAR Dorothy Wood I guess the City of Virginia Beach Read them and then turn it over to Mr Scott Joseph Strange I'm going to read Item #21 — 32 and then turn it over to Mr Scott Starting with Item #21 Dorothy Wood Mr Scott, we'ie going to turn this all over to you Bill Macali Madame Chau, Mr Waller needs to make a disclosure Dorothy Wood Yes sir John Waller I will have to abstain from voting on any of these because I happen to own pioperty in the APZ-I Zone 1 will not be voting Dorothy Wood But you will be voting on Kempsville John Wallei On Kempsville' Yes Dorothy Wood Thank y'ou sir Okay Mr Scott Robert Scott What I would like to do is go over these items in brief fashion Thev were thoroughly discussed in the community on a number of occasions over the last few weeks However, we can go into any of them that the Planning Commission wishes but I'm not going to do that Basically they come in eight part', And I'm going to go through the eight parts These may not be exactly the ordei that they're in your agenda but they go like this First is the Resort Area Plan It's an amendment to the Oceanfront Resort Area Plan to bring it up to date from when it was fist established as the governing plan in that area in 1994 A lot of things have changed since then and this adjustment brings things into compliance with the current method of thinking down there And there are some changes having to do with the zoning ordinance itself in that pail of the City, the RT-1, RT-2, RT-3 and the RT 3 Laskin Road Gatekaav Amendments Basically these amendments are an attempt to him, to life the discussions that were held as part of the Joint Land Use Studv when it was adopted by the COunc11 m May is an outgrowth with our discussions with the Navy It IN recognized that the Resort Area on one hand needs to be rejuvenated, revitalized, redeveloped in some areas but within certain perimeters that are workable from a sensitivity point of view with the Navy", concerns So accordingly, Item #21 City of Vngima Beach Page these changes essentially adjust density upward in all tour of those areas that I mentioned to you at least so in the RT-I where the percentage of units allowed in a hotel project on the Oceanside of Atlantic Avenue for the most pail is increased from 10 percent to 15 percent That'-, a pretty modest change In the RT-2, which is largely the area between Atlantic and Paufic, densities are adjusted upward horn a maximum of 36 today where they have been since the early 1970s, I believe upwards to as high, under certain circumstances, as 60 residential units per acre In the RT- i Laskin Road Galeway, east of Arctic Avenue, it takes an area that has always been .t 36 units pei acre and raises it up to tinder eetaain circumstances as high as 60 Ill the RT-3 area, which is basically that corridor that goes back along 17'h Street and 191h Street. it sets out certain guidelines for that as well But largely that is oiiented toward uses and largely oriented toward encouraging but not requiring mixed used development in that area to a large degree It's requited today and it kludged by many that density needs to go up and we agree with that So that adjustment is made Number 4, is the Resott Area Design Guidelines There are some guidelines established for governing the physical appearance of buildings in the resort area 1 think that it rs Very important that the development associated with the zoning changes that I just mentioned to you be coupled with design guidelines because in order to get to the high levels of density it has to be in accordance with the Design Guidelines We do encourage you to adopt the guidelines that are in front of you However, we feel that over the next several months we need to continue to work with the Oceanfront community to imptove those guidelines as the need foi that may exist It needs to be an ongoing piocess I think to say today that we encourage adopting it is not to say that we feel that the work n done because it is not It needs to continue on and furthei adjustments need to be considered Then we go into the Old Beach neighborhood. an area that is basically north of 22nd Street and south of 21'h Street approximate]% We've worked continuously with the neighborhood in that part of the City to come up with an Zoning Overlay ordinance that gives rise to the type of development that those iesidems feel is most in line with what they would like to see It is, what I call d density neutral approach It does not increase of decrease density, but it does rearrange in come cases by allowing two single-family houses to be built on one lot instead of one duplex, but Pan 6, in accordance with Design Guidelines Again, those design guidelines were established in conjunction with the residents that live down there in a serious of workshops over a long period of time So those things are all pail of the package that is in front of you today There are some additional amendments. smaller detailed amendments that accompany these that redefine ceitam terms in ways that aie necessary in older to implement the zoning changes that are down there especially in the Ohl Beach neighborhood itself And these need to be regarded in my opinion as a package They need to be put forward as a method of dealing with the development there in general And %ery importantly there is also an APZ-I Ordinance. whicli is an ordinance that rs very simple in describing what It does It simply iequires that development that tales place within the limits of an APZ-I area be in accordance with the OPNAV hmstiuctions And we are talkmg about by -right development heic The last time VOL] met you already recommended appiovdl of a piece of the package as yet Council has yet to act on and that is what we call ACt rIZ Overlay Ordinance" that addresses discitionary development This is non -discretionary development And we recognize that in some cases depending Item #21 City of Virginia Beach Page 3 upon the circumstances the application of this ordinance may be deemed confiscatory It may have the effect of eliminating all reasonable uses in certain portions of an area in that part of the City We discussed this if you recall at our last workshop Part of the package that is not betoie you today will be before the Council when they meet next is a compensation package that contemplates appropriate coin pensation for those whose ptopeity will be rendered unusable by these ordinances So, that needs to take place and you need to be aware of that, although it is not in front of you now So we have the APZ- I Ordinance, which is Item #21 We have the Old Beach Overlay Distinct, which is item #22 We have amendments to the zoning map, which is Item 423 We have amendments to certain zoning ordinance tenns, which is Item #24 We have Item #25 pertains to the instructions of ancillary single-family dwelling units which is also related to the Old Beach Overlay We have Design incentives for the Old Beach Overlay, which is Item #26 Item #27 is also related to the site plan ordinance as it relates to the Old Beach Overlay Item #28 is the Comprehensive Plan amendments as it results of the Old Beach Design Guidelines Item #29 is the amendment to the Comprehensive Plan that updates the Resort Area Concept Plan It makes this new plan a part of the Comprehensive Plan Item #30 is an amendment to the RT-1, RT-2, RT-3, and RT-3 Laskin Road Gateway Overlay, mostly the density adjustments that I outlined to you Item #31 is incorporation of the Resort Area Design Guidelines into the Comprehensive Plan and Item #32 is an ordinance to amend the Comprehensive Plan pertaining to the Resort Area So numerically there is a lot of pieces to it but it boils down to those eight parts that we talked about That's essentially the package that is in front of you today All of these will be going to City Council on Decembei 20, which is six days hence I know that a great deal of work has been done in a short period of time The community has been very active in attending a number of workshops The City Council has appointed a special committee to work with this and they completed their work now as of last night That committee has provided the opportunity for the public to come out, I think at live different workshops and to speak at those workshops The Planning Comrtussion has had an opportunity to discuss this in the past City Council last night has had an opportunity to discuss this Although it has happened in a short period of time it has been very thoroughly discussed with the public There aie no secrets or mysteries The public has done a very good job in digesting all of this So that in a ven brief fashion is the subject that is before you today If there is a need to do it, we will be prepared to get into any of these in more detail if the Planning Commission wishes Dorothy Wood Thank you I am sure that the Planning Commissioners will have a lot to add but we have quite a few speakers Mr Strange is going to start calling them Do you want to add something first' Ronald Ripley As a procedure, 'v1r Scott went over a lot of ordinances Dorothy Wood Yes Ronald Ripley Primary ordinances that affect us in two different areas Can we isolate Item #21 City of Virginia Beach Paee q and hear folks that speak on APZ- I and then speak on the resort" I think it is going to be very confusing if we don't Dorothy Wood Of course We will do the APZ first Okay' Ronald Ripley I think that is in the i ight order Doiothy Wood Okay Joseph Strange Some of these speakers are signed up to speak on different aspects of it Bill Macah Can I suggest that each speaker be allowed to speak for the APZ-1 separately if they want to speak to the resort area they should get another allotted time period Dorothy Wood Okay Well Thank you Joseph Strange Fust person speaking in support is Steven Romme Steve Romme Good after noon For the record, my name is Steve Romme, a local attorney for 7-Eleven I'm here today Just on what I call, maybe a technical correction and some input on Item 421 Let me lust state for the record that we generally support obviously these amendments We think it's a good plan with respect on how we address the BRA( concerns and the encroachment to the Master Jet Base at Oceana In order to address the issue relatively quickly, I think it you look at your agenda Item #21, the last sentence on the summary of the amendment is where 1 really want to address my comments Essentially, what I am asking for today and I lust like your consideration of whether we need a transition rule for certain applications that are caught pending I have a specific application in that category I would like to pass out a letter from the Depaument of the Navy that you all might be able to consider as well And, this application was filed sometime ago We got a letter from the Navy, which I'm passing around to you now, which is lot a proposed convenience store with gas at London Bridge and Potters Road Before we filed that application knowing that this site was in APZ-1 we went and got this letter that basically said that they determined that it was a compatible use 1 guess the benefit theie was we were taking two residential units off the rolls and replacing it with this commercial use Now the ordinance preceding, if you take action today and goes to COLmUI on the 20'h, which would categorize, depending on how YOU categorize this use as rncronpatible If you look at the chart and VOL] choose retail food rn your chau, it basically says that this use is not compatible in APZ-I, it VOL] determine it is retail uacle .wtomotive because of the gasoline aspects it is So, very quickly what I would suggest rs that sentence on your summary, it says 'lots that are subJee t of an approved preliminary subdivision plat, site plan or building permit as the day the ordinance is adopted or not affected by the ordinance", 1 would like to propose that lots that includes lots that have been filed for consideration or iezonm2 or CEP and have expressed Navy approval are not affected by the ordinance .And that is respect to Item #21 City of Virginia Beach Page 5 this one application that I have here Just to add on there was a continent that we're going to provide compensation to those that are impacted, I would lend to say that in this case what your looking at is opportunity cost Essentially, you have two residential units that aie valued at some level You have a pending rezoning with an application that the Navy has said is acceptable compatible at a much higher dollar level. so the question becomes it you decide that this is not appropriate, what is the appropriate compensation for that type of situation' And It would be in the City's best interest to let this application go forward in light of the facts that I lust gave you because It will be a less costly alternative If you take out two residences and you put in a compatible contmercial use, which is essentially what we thought this was all about three or four months ago when we started this process So, I thank VOL] for youi time And I wanted to ask for that consideration and that technical amendment Dorothy Wood Thank you Steve We appreciate you coming Ronald Ripley I have a question Are these two lots or two homes' Steve Romine It's an assemblage of at least two or three lots that are two houses Ronald Ripley Existing houses' Steve Romme Correct Dorothy Wood Thank you so much Steve Steve Romine Thank you Joseph Strange Okay Also speaking in support is Tom Atherton Tom Atherton Thanks I'm Tom Atherton I'm simply here on behalf of HRACRE, the Hampton Roads Association for Commercial Real Estate I sent a letter to Bob's office and I'm hoping it got around to the Commissioners this morning 1 apologize for getting it here so late But quite simplv, HRACRE. our executive committee supports the plan as Bob outlined On behalf of oui Board and members, we represent over 650 members and about 300 businesses in the commercial real estate development businesses in Hampton Roads We believe this supports the interest of the citizens and meets the requirements of the Navy and 1 appreciate the opportunity Dorothy Wood Thank you for coming Tom 1 appreciate it very much Are there any questions for him' Joseph Strange The next speaker is Sam Reid Sam Reid Please indulge me for a second My name is Sam Reid I'm the President of Oceana Gardens Coalition Civic league 1 spoke to you all last week Once again I'm here and 1 would Just like for you and I know this oidmance is going to be passed We all Item #21 City of Virginia Beach Page A support it It's a good program It shows an enable process foi working with the Navy and trying to keep Oceana and so toith However, that being said we would like to see the APZ-I ordinance modified to -some clegiee to include compensation for property owners that are zoned duplex already of have multiple lots within a single plat non- conforming lots They are cwtently occupied by single homes I've drawn a little sketch Just to try to illustrate teal quick In the ordinance right now it already has compensation for people to have three lots. and a house in the middle but the other two lots would be empty So that is already there What I'm trying to get across and explain to everybody is when you have two non -conforming lots within a single plat. a single yard, there is no compensation in there for those homeowners that have those lots or duplexes There is already precedence set in Oceana Gardens There are many new duplexes in there and the neighborhoods to the north up here, which some maps consider Oceana Gardens so but there are roughly about 44 properties within this map i ight here, Just in APZ- I northeast of the runways So the precedence is aheady set The duplexes are there People have in recent years put in to have single-family homes taken down and duplexes put up have been granted their zonings A lot of these are simply by -right development They don't need to come down here accept to go through the process These homeowners should not be put in the position to having to pursue individual lawsuits in order to obtain fair compensation for their development rights being taken from them They should not be asked to surrender their development rights unfairly when other people in the City of Virginia Beach are not And the whole City is going to benefit fiom tr,:s ordinance and what were doing here is as a project totally together So the whole City is going to benefit from the process by keeping thejets at Oceana and going through the process with the 1G and so forth The funding foi this could be split with the State, just like it was done on Laskin Road with the City and the State You're comparatively speaking You're not talking that much money I think Jim Reeves last night talked about duplex -zoned homes or lots somewhere around 220 and they're looking at about S15 million dollars just off the cuff as what they were mentioning last night But you're not looking at that many more non -conforming lots in the process and comparative to what the income that Oceana brings in and the process, it's really not that much money but these homeowners do deserve some compensation for giving up those rights which could adversely affected with the APZ-I ordinance y Dorothy Wood Thank you sir I really appreciate all the time you put into this I know we've seen you at all the hearings Thank you very much sir Sam Reid Yes ma'am Thank you Joseph Stranee Speaking in opposition we have Gene Meekins Dorothy Wood Welcomed Mr Meekim We're happy to have you with us Gene Meekms Thank you It is nice to be here I appreciate the privilege of being with you I'm not really in opposition Ed Weeden For the record, would you please identify yourself' Item #21 City of Virginia Beach Page 7 GeneMeekins Gene Meekms I'm speaking for myself, and my daughter Jessica Meekms We've had several properties on Laskin Road through the years, previotuly it was Meekins Pontiac, and we ended up with a little piece left that 1 put one half of it in a oust fund for my daughter It put her thiough college She giaduated from First Colonial and then went to college She's gotten a Master's Degree in Special Education and teaches in Virginia Beach at Malibu And does a very good lob That rent from that carwash next to Charles Baikei has put hei through and allowed her to afford those things That was 25 years ago and the leases on that and the Duron Punt and Memeke Muffler Shop likewise will run out in five years She and I have discussed and planned on merging the two lots back into one and building and put something there that would be compatible with the other things up and down Laskin Road The line diagonally bisects Out two lots And the list of things that we can't do is long and there not much Of a chance but there is going to be some else who wants to build a carwash there or another muffler shop or whatever What we were going to put there was something that would be much moie attractive and the City Manager said, "gee that is what the City would like there' whether it be retail of it be offices or whatever a medical facility But it looks like with this list and our 401, is going to be wiped out by this 1 have not heard any comment on those others who mail and some commercial pioperty being compensation We're not really bete looking for compensation as much as keeping Out development rights but one of the others need to come fiom this or were going to be wiped out in five years from now Dorothy Wood Thank you Mr Meekins We appreciate your conung down We know that you're proud of your daughter and we're proud that .she's back here in out school system Thank you Ronald Ripley May l ask him a question' Dorothy Wood Certainly Ronald Ripley What is your property zoned" Do you know" Is it zoned business° Gene Meekins Yes It is B-2 commercial property It's a Memeke Muffler and Duron Paint Store on one half and a carwash on the othei halt Ronald Ripley If VOL] want to redevelop it. would you contemplate changing the zoning' GeneMeekins You know, I'm not that much knowledgeable about the zoning regulations but what we had thought was something retail, maybe offices upstairs and retail downstairs 11's an attractive budding We're tight acioss horn La Promonade So it's not something that retail wouldn't be unheard of in that neck of the woods Ronald Ripley i can't comment on what you might do, 1 would suggest is that you get Item #21 City of Virginia Beach Page ti with Mr Scott and discuss what you're thinking is and what you can and can't do with it in the future I think that would probably be the tight course to take Robert Scott 1 was given _your phone number Just this morning by the City Attorney Mr Meekins Gene Meekins I understand We spoke about that last night I'm sure we'll adjust it but just wanted you people to realize what we're faced with It's kind of frightening to us Ronald Ripley I understand But I don't think the Citv's intention to not just change the intensity is my understanding 1 think you need to get with him Gene Meekins 1 don't know if that is increasing it or not 1 wouldn't think so but that is my opinion We'll talk with him I thank you for the opportunity Dorothy Wood Mr Miller has a question to sir Bob Miller One more thing The intent what your saying though is the intended use would be a change obviously hom what you got And this is something that we've been over a bunch of times How is that going to manifest it self' Is it a number of employees9 1 know that we've been through that I think what your bunging up is a critical point It is how we treat commercial pioperties You did mention that the line bisected the property Gene Meekins On a diagonal basis Bob Miller It takes half° Yeah you can show me It's a very nice drawing Gene Meekins There aie two old lots That's the carw•ash That's Memekee and Duron Paint The line comes through like that and ends up on Laskin Road Here's Chailes Barker Bob Miller Right Gene Meekins So I could build here and call that a parking lot Bob Miller That might be in that case That is what we talked about was how lots would be treated that were bisected by line Thank you very much GeneMeekins Thank you I'll talk to you soon Joseph Strange The next speaker is Jim McKam Jim McKan Hello Dorothy Wood Hi Jim Welcome It's good to see you Item #21 City of Virginia Beach pa-e 9 Jim McKarn Good afternoon I'm Jim McKam I own commercial property at 205 First Colonial Road I'm much like Mr Meekins A point of clarification I guess I'm sorry to list myself as opposition because I want to commend this group and the hard work that You've done It's been a very difficult situation But there are many unanswered questions and technical issues that me personally, as a landowner in the B-2 zoning with APZ-I Overlay with a building laying on the ground in tour phases This is my last phase I believe I lead in the summary, that this isn't really applicable to me but 1 guess my first question would be 1 need to understand how summary technically, the summary that 1 read is how that is an iatrical pan of the new iegulations because I don't read it into iegulation But that would he my first observation My second point being I have a permit to build a building I aheady have it issued Look at the building But it is more flex space of up to 9,000 feet that my tenants will define what they need They will decide what they need And rt could be larger, smaller or ditferem use,, And you mayor may not be aware but the way this works is my tenant goes and draws the first build out perrrut to do that use So. 1 ha%e a permit to build the building but 1 haven't an undefined yet tenant use and 1 have rather a large list in B-2 in which we have in our other three phases I don't know what happens after this becomes law, rt you will How do we define that use' Because in the new list it is probably three quarters to 80 percent shrunk as far as my tenant pools and that is economic hardship, much like the people with multi -sites with one house And so along that line, I think that is an latrtcal part of what ought to be incorporated into what we're doing here 1 am a little bit at a loss as why to any summation or any preamble this wouldn't start oft by saying "subject to BRAC acceptance", and perhaps that shows less than good faith that we as a City submit something that says that But if that doesn't happen this needs to go away We don't need to create more regulation if it's not accommodating to what BRAG seems to be looking for And lastly much along the Imes of the gentleman speaking on behalf of the civic league, there should be a quick last track way both for business and residents to get forth the issues such as I may be outlining today that will let us have resolution to get these things worked out, Mr Meekins included Other people will have issues like this They shouldn't have to go get a lawyer and have to try to peruse it in court We should try and find a way to fast track because in the end, we as a group are dispoitionately carrying this burden on behalf of the whole City And that's it Great plan We hope it works out and we can resolve that Dorothy Wood Thank you Ronald Ripley How big of a building are you building right now i Jim McKam We're building four phases that will total almost 40.000 feet Three are down filled and occupied as we speak Ronald Ripley And what are they occupied with° Item #21 City of Virginia Beach Pape 10 Jim McKain We have small manufacturing We have a construction company We have a Jim Strada, a c hildren's gymnastic and so on, which works great It's an off hours type of thing that works well My own office, some other offices and that's about it It's office warehouse space Ronald Ripley So much space is under construction tight now' Jim McKain We Just finished our third building, which means completed today we have about 30,000 feet The last building at 9,000 feet is permitted II's a pre-engineered building lying on the ground Hope to start construction on it in February Thank you very much Dorothy Wood Thank you Jim Joseph Strange The next peison speaking in opposition is Rob Biadham Rob Bradham Good atternoon Madame Chair, members of the Planning Commission My name is Rob Bradham and I'm here representing the Hampton Roads Realtors Association And 1 would like to note that we are only opposed to this to the extent that we believe it needs to include a compensation package that adequately takes care of the folks that live in the APZ-1 on property that is zoned R-51) Much the same as Mr Reid alluded to earlier We believe that many of these property owners, well its a fact that many of these property owneis have single family homes on those lots and they will lose the ability to tear down that single family home and build a duplex in its place, assuming that it meets all the City's requirements We learned last night that some of them don't meet the requirements that would enable those landowners to build a duplex hi any case, those lolks that still have single-family homes and night wish to build duplexes are losing their ability to do that That to us is a loss property right and probably will be to loss property value as well We believe that this oidinance needs to include a compensation package that takes care of them That is why we're here We think it's a good plan We lust think it needs to include a compensation package that takes care of those individuals Thank you Dorothy Wood Thank you Joseph Strange That is all that I have signed up Ed Weeden You have Eddie Bourdon also Joseph Strange He was signed up on Item #22 Feel free to talk Eddie Bourdon I didn't sign up but Ed said he was going to sign me up For the record, my name is Eddie Bourdon I guess I have to disclose that I own property in APZ-I but guess I can speak because I'm not asked to vote Actually to what Jeff said, 1 couldn't improve on I really think this overall has been a very positive process we've gone Item #21 City of Vugima Beach Page I I through I know our staff has Just done a phenomenal job They worked their fingers to the bone But I do think that limiting compensation to lust property that is rendeied unusable misses the mark I think where that has been as a result of this and if it rs accepted by the Nave and BRAC, but it that occurs and there has been siomlicant devaluation of land by this taking by this APZ ordinance that IN purely for the purpose of trying to preserve jobs at NAS Oceana and not based upon any appropriateness of uses for the context of these communities and the lands around them that these must be compensation And 1 hope that as we move, and this has all been done quickly, as we move through this process and hope this plan is approved by the BRAC or even by the Inspector General and the Navy that's going to be revisited because as much as 1 would like to have all the business of all the lawsuits and what have you, I would hope that a process is set up where people whose property has been significantly devalued, and that is commercial as well as residential, are compensated It is totally inappropriate than any other context to my estimation Lastly and this suit of applies to 65-70db NDL No change I'm beating that drum No change If the numbers don't work to even pay all this money to try and keep Oeeana here under the economic study if we have those 65- 70dbl into it because 65-70db1 NDL other than the Interfacilrly Traffic Aiea rs not affected by this If we are not able to develop in those areas that are 65-70dbl as our Comprehensive Plan calls for and we start bowing Irom pressure from letters from the Navy that still not compatible under OPNAV then the cost start to exceed the benefit And we shouldn't he doing this so 65-70dbl doesn't change on this plan Dorothy Wood Thank you Mr Millei Robert Miller Eddie, just one thing You mentioned and I think what you're trying to get at is devaluation You're talking about literally all properties perhaps Eddie Bourdon I think all properties aie affected I don't think that Mr Meekms property is clearly unless we suggest it and that might wind up being the case that property rs okay because more than 50 percent of It is outside wherever the APZ line rs There are some point -by -point case -by -case details In the short timeframe we had to deal with its impossible to try and cover them all But 1 think the more we put on record the more we talk about the tact that this is something that's got to be equitable but it does affect and I think it attests almost every commercial property in the APZ-I And I certainly think it affects all undeveloped property and all under developed property In APZ-I But there is property to APZ-I that n developed and according to zoning it doesn't affect them at all Robert Miller I guess what [ was trying to get at was the implication that there was existing properties like .t house that because of the last that this ordinance has been applied may not have the same value that it would have had it this ordinance was not there It I'm Interpreting wrong. I'm glad to know that Eddie Bourdon I personally don't believe that with the program that we have in place here preserving the neighborhoods that, this ordinance or anything that is really going on Item #21 City of Virginia Beach Page 12 here, I don't believe that it is going to cause property to be diminished in value especially once we take the cloud away from those pioperties by getting a decision Robert Millet Okay [just wanted to make sure that I was clear Eddie Bourdon I don't think the existing properties that are developed in accordance with their zoning 1 don't think they should be compensated Dorothy Wood That is all the speakers 1 believe Joseph Strange That is all the speakers on Item #21 Do we want to move forlvard with the other speakers' Ronald Ripley Can we comment at this point on this" Dorothy Wood Of course you may Ronald Ripley You want to vote on all these at one time" Is that what you're planning to do" Dotothy Wood If you rather do it separately we could Ronald Ripley I would I rather address the APZ separately Irom the other ordinances Dorothy Wood Then lets go to the APZ Ronald Ripley Lets have discussion among the Commissioners and then vote and then proceed Dorothy Wood Okay Ronald Ripley 1 have comments Go ahead Gene Eugene Crabtree I was Just going to say with all the public meetings that we had and all of the briefings that we've had, we have really beat this thing around for the last two or three weeks I think everything that has been said has been said 1 think that the staff has had time to update it and get it into a condition or a structure that can be presented and go on to City Council Therefore, I think that we should take it the way it is and go with it We don't have (line to rewrite every little sentence and every little point It's Lime for us to go ahead and vote on it and get this thing on the toad Dorothy Wood Is that a motion' Eugene Crabtree Well, let other people comment but when it comes time Item #21 City of Virginia Beach Pay 13 Dorothy Wood You can make the motion and then we can let them discuss it Eugene Crabtree But when it comes time, I'll be more than happy to make a motion Dorothy Wood Then we would have discussion after the motion Eugene Crabtree 1 make a motion that we accept this the way it is written Dorothy Wood Do 1 have a second' Donald Horsley I'll second it Dorothy Wood Okay Now discussion 1 think Mr Ripley Ronald Ripley Yes I sure do I'm supportive of the initiative here to but 1 have a couple of things that I want to say on the record that I think are important to me And 1 think it is important and 1 think that City Council pay attention to this and I think staff too We've had a lot of interesting dialogue with staff and I feel very comfortable with the intent of the ordinance and how staff wishes to try to accommodate existing businesses in the aiea and existing residences in the area so that this works as best as it can work Particularly in the atea of commercial land that needs to be redeveloped or preserving rights to existing commercial land because is 1 see the single -family portion of this ordinance is very dear There is protection to the homeowner and to the person who owns the house in these areas I think that a great There is compensation, 1 think that is set forth foi land that is zoned residential that is non -compatible aftei the passing of this so I like that too also agree that the duplex zone land needs to be adequately addressed I think to ignore that would be a mistake 1 think we had a couple of speakers already say that 1 do want to say that 1 think that the Council has done a extremely good job in crafting this and staff in council with Council, and Council has taken a lot of blame for this issue Most of the people on the City Council weie not even there when all of these encroachments occurred I know this Planning Commission and I've been on the Planning Commission for 7 yeai s and I can't think of a whole lot of applications that we had of any significance that have been an encroachment that I can recall And so a lot of things happened way before this group showed up and this Council showed up And hopefully the utizens will iecognize the Council is doing all they can to try to resolve it I think they have done a pretty good lob I think you heard some pretty interesting comments My big concern is it is clear when you lead the ordinance about the commeicial It says that these rights ale to be pieseived but I'm real concerned that as use,, change that these rights in the future are preserved A lot of time can go by and having a clear understanding of what those rights were and having to retain those rights as d couple of speakers already lust spoke about is very important I want this Council and tutute Councils to pay attention to that The last thing that I want to mention is iedevelopment And I mentioned a little earlier but it I had a crystal ball we could look ahead and see what our commercial properties will look like in the future in this aiea It would be really nueiesting to see what that Item #21 City of Vuguma Beach Page 14 looks like I would like to think that the vacant land Will materiahze in an area that is compatible and it is obvious that it would have to be compatible with Oceana but I'm not sure how much of the market will come to that given the limited amount of usage you can apply to it And I also want us to be real mindful about how we iedevelop property We talked in our Workshops about the idea of aggregating uses to maybe iedevelop parcels in the future This area historically has a lot of older property and it is going to be real tough to provide the accentage for it to upgrade in the commercial I think the single-family homes will be able to do that because they will be able to keep their homes They will be able to spend money on it and know that they're not going to have it taken from them So, these are just a couple of aieas that 1 wanted to mention I do compliment the staff 1 do compliment the City Council I think it's a brilliant stroke of work to craft this Hopefully it is acceptable to BRAC Bill Macali Madame Chair, can I address something' Dorothy Wood Yes sir I would appreuate that Bill Macah The ordinance does not have any compensation element written into it However, as the City Council has made clear and I think 1 biiefed the Commission on this at the last workshop at some length, theie is a compensation package that the City Council will have before it the same night it hears this ordinance as well as all the other ones they will be considering on December 20th There Was also discussion about the compensation element last night at City Council including specifically compensation the lots where duplexes couldn't build but where single-family dwellings are now Ot course, the effect of the ordinance would be to prohibit duplexes Again, given an extremely compressed timeliame, it is pretty difficult to come up With a complete full proof plan in the time allowed However, as the City Council and as a couple of Council membeis mentioned last night, theie will be an element of compensation for the owners of the duplex lots as has been requested in a number of speakers throughout this entire process There is also an element of compensation, actually an acquisition element where the City will purchase certain properties that aie zoned commercial Agam, it has not been wiitten into this ordinance because it is not an appropriate place foi it The City Council will however be formally considei in- and acting upon a use and acquisition plan for properties which are affected the by the AICUZ and APZ-I ordinances and if enacted, it will become is binding on Council as if it were written in the oidinance So, I do want to ensure the Commission that there is in element of compensation behind this entire package Dorothy Wood Thanks Bill As Ron said, some of our Councilmen were not members of Council when encroachment happened I think, Ron, many of them were not born when some of the encroachment happened Mr Miller Robert Miller Yes Thank you While 1 appreciate what Bill said that is something that had asked for several weeks ago I feel still somewhat concerned, while We're here six days in advance from the time that City Council will hear this, that we don't have this Item #21 City of Virginia Beach Page 15 compensation package in front of us It does, I know you all have been working hard and I'm not u-yrng to criticize you, but it seems like that is something that should be silting here as we are trying to make a decision on an ordinance But I was somewhat comforted until you made your statement a minute ago and now I in trying to get comforted again as Fin speaking to the idea that there would be equitable compensation for residences and businesses I'm not sure since I haven't seen it and we will not see it apparently, that I can absolutely assured of that but that is what was stated by the BRAC Committee, and 1 think that is somethmg that we need to restate here My assumption is that there will be not only a lust 'compensation package' but it will extend to the full extent of the residences Since 1 have nothing to look at I don't know what I mean there except that I'm trying to guard that these people don't end up with something less than what they're perceiving to he Everybody is going on a little oust here As I said, my trust was a lot better until you made the statement a minute ago Bill Sorry It's not that you said something wrong but it just reminded of why aren't we looking at that compensation package today" That really is a little bit of sad commentary on this whole process moving so quickly The businesses and 1 think the concerns that I still have here and I beheve the residential can be identified and worked out whether it's an R-5D and/or how that land is going to be used I think that is something that people can be pretty fair about It has already been said that the compensation would he matched up to reasonable uses of the same type outside of the APZ area, which I think is very fair The business side of it concerns me probably more in line with what Ron was saying was redevelopment That someone would come in and say okay, like Mi Meekins lust did 1 want to improve this 1 want to improve this property and its affected by this APZ ordinance My only improvement choices are candidly less functional or less attractive to what is already there And sometimes you get what you asked for That would be a very bad in my opinion positron to leave our selves in So, in the form of either the compensation comes and we're very extremely reasonable I know that Bob and you all on staff are very, very reasonable people But the City Council is also very reasonable that we would encourage some redevelopment I was also thinking as we were talking along and some comments were made that were there to be a residential piece of property and somebody wanted to rezone m to business that we would be encouraging those kind of concepts where to residential units went away and a business perhaps carve as it was implied by Mr Romine on the 7-Eleven I wouldn't assume that's the only business use that would ever want to be in that particulat area I don't want to discourage 1 don't want to miss these opportunities that are sitting there that could be encouraged by virtue of redevelop or development of a business plan that made sense versus us having to spend more money to buy something that perhaps doesn't make as much sense So. I lust encourage that equitable compensation to reach also into the business side of the businesses that would be in there and that we make sure that we have that package I do think that people have done amazing work on this It amazes how many people of different positions have come together and I'm very impressed by that by our City, by the process and by the citizens, but these lingering little pieces I know that everybody says the details are still lying out there And, I would really have Irked to see that compensation package but I guess I beat that horse to death I'll leave it alone Item #21 City of Vugima Beach Page 16 Bill 'V1acali Mr Miller, 1 can tell you that it is kind of an oiganic document It changes every time there is a public comment session The BRAC Citizen's Committee made iecommendations The City Council has had public hearings and the City is listening to what is being said That is why there is no final document I can tell VOL] that the final compensation and it is really called a "Use and Acquisition Plan" will look veil• much like the one that you weie briefed on with the PowerPoint That is not necessaril something you iemember all the details of obviously but it will be very much and very simdai to the one that was presented to you in the PowerPoint forniai Of course, there will be it written document to that affect The reason why it is not finalized is because the public commentary is still coming in and the City Council is listening That is about the only reason I can state Dorothy Wood I think we have a vote We have a motion and a second AYE 10 NAY 0 ABS 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABSENT I ABSENT Ed Weeden By a vote of 10-0, the Board has approved the City of Virginia Beach Ordinance to amend the APZ-I Ordinance Dorothy Wood Thank you Item #22 - 32 City of Vugima Beach An Ordinance to Amend and Reordam the City Zoning Ordinance (Appendix A) by amending Article I, Section 102, pertaining to the Establishment of Districts and Offival Zoning Maps for the Old Beach (OB) Oveilay District An Oidinance to Amend the Official Zoning Map by the Designation and Incorporation of the Old Beach Overlay Disuict An Ordinance to Amend and Reordam the City Zoning Ordinance (Appendix A) by amending Article I. Section 11 I, pertaining to the Definitions of the Terms "Ancillary Single -Family Dwelling Unit." "Yazd," `Interior Yard,- and "Mixed Use" An Ordinance to Amend and Reordam the City Zoning Oidmance (Appendix A) by amending Article I, Section 200, pertaining to the Construction of Ancillary Single -Family Dwelling Units on Certain Lots An Ordinance to Amend and Reordam the City Zoning Ordinance (Appendix A) by adding a new Article 19 thereto, pertaining to the Legislative Intent, Use Regulations, Dimensional Requirements, and Design Incentives for the Old Beach Overlay District An Ordinance to Amend and Reordain the Site Plan Ordinance (Appendix C) to Require Site Plan Review for Ancillary Single -Family Dwelling knit and a Separate Single-Fanuly Dwelling knit on the Same Lot An Ordinance to Amend the Comprehensive Plan by the Incorporation of the Old Beach Design Guidelines An Ordinance to Amend the Comprehensive Plan by the Deletion of the 1994 Resort Area Concept Plan as a Component of the Comprehensive Plan and to .Adopt the 2005 Oceanfront Resort Area Concept Plan as a Component of the Comprehensive Plan An Ordinance to Amend and Reordam the City Zoning Ordinance (Appendix A) by Amending Article 15, pertaining to Use Regulations, Dimensional Requirements, Vehicular Parking Requirements, Density Restrictions, and Design Incentives in the RT-I, RT-2 and RT-3 Resort Tourist Districth and the RT-3 Laskin Road Gateway Ovei lay District An Ordinance to Amend the Comprehensive Plan by the Incorporation of the Oceanfront Resort Atea Design Guidelines Item #22 — 12 City of Virginia Beach Page 2 An Oidmance to Amend Chapter 4 of the Compiehensive Plan pertaining to the Oceanfront Resort Area December 14, 2004 REGULAR Joseph Strange The next items are Items #22 — 32 Our first speaker is Barbara Yates Dorothy Wood Hi Ms Yates Welcome Barbara Yates Hello Ladies and gentlemen, my name is Barbara Yates and 1 am President of the Resort Beach Civic League I'm here to ask for your support of the Old Beach Overlay Ordinance and Guidelines This ordinance promotes redevelopment in the residential area between 22'.' and 271" Stieets at the Resort Over a year ago, several of my neighbors and 1, along with some developers and with the support of City staff had a series of meetings to discuss the future development of our neighborhood Smce we have nine diffeient zoning categories, we had to work through many issues We ultimately came to a consensus, the result of which is the document now before you Just to give YOU an example of one benefit of this overlay, the current zoning and setbacks force the three- story box and double box development The proposed overlay encourages detached quality single-family cottages with front porches close to the street And there are many other good parts of this overlay As far as the navy goes, I've met with a representative from Oceana Although there are a few duplex lots in our area, which currently have one single-family home, there are several other single-family and duplex lots that are over built with apatiment units predating the first zoning ordinance as well as many, many illegal units When looking at the neighborhood is a whole, the Navy representative surmised that as the neighborhood redevelops under this overlay, out density will certainly not increase and will in fact, probably decrease Now, Just to be honest with a neighborhood as complex as Old Beach we may not have anticipated every possible issue that might come up So we may have to do some tweaking in the future However, I believe that this proposed document is a giant leap towards Old Beach redeveloping in a way that will reflect our toots as an original Vugima Beach resort cottage community If we are ever going to improve the quality of the coramercial resort area, we must surround it with quality residential The proposed oidinance and guidelines will be a big incentive towards making that happen And Just to let you know, as soon as we get past the adoption of this ordinance, we will begin working on an overlay for the Lakewood neighborhood, which lays between Norfolk Avenue Can I compliment staff' Dorothy Wood We always like to hear that comment You can compliment as long as YOU want Barbara Yates I really do want to take an opportunity to thank Mr Scott and his staff for all their help and guidance They have really gone tat and above the call of duty in Item #22 — 32 City of Virguua Beach Page 3 helping us With all these issues, meeting with developers and people who want to redevelop their property, it's Just been refreshing Dorothy Wood Thank you very much Barbara Yates Thank you Dorothy Wood I think the other speakers have gone Joseph Strange 1 think they have Are there any other Speakers' Dorothy Wood We have other speakers but they have gone Call the names anyway Karen Lasley Mr Romme asked me to tell you that he felt like he addressed everything on Item #21 He did leave Dorothy Wood And Mr Atherton' He left' Joseph Strange Eddie' Robert Millet Are we Just talking about the Old Beach neighborhood or we tallung about all of them Joseph Stiange They all signed up for Items #22 — 32 Dorothy Wood They were all together but they have all gone Joseph Strange Eddie, do you have anymore to say' Gordon Huey My name is Gordon Huey I have property in the Laskin Road Gateway area I Just want to commend all of you and especially Bob and his staff I'm m support of the ordmance There is one point that I Just found out this morning that I would like to bring up 1 have a drawing In the first six stories really look like the pictures in your designs But I heard this morning that after the third story, I have to move number 5 and 6 back, which means we have to redesign But my drawing matches all of your pictures in your Design Guidelines So, I lust wanted to point that out If you could change that 3 to 6 everything would be fine So, please consider that and look at my drawing It does match everything you're trying to do Thank you Dorothy Wood Thank you Gordon Is there any comment from Planning Commissioneis" Janice Anderson On the Design Guidelines on Old Beach Well, I would like to thank Barbara Yates I undeistand that she has been instrumental in that And her neighbors Item #22 — 32 City of Virginia Beach Page 4 put a lot of work into it She's talked to a lot of people of what they want I really like the two homes there instead of the duplex That allows you to have rental there .And 1 ant very supportive of it I'm glad to hear that they'ie not locked in If something new comes along or its not quite in the their plan, as long as it fits within the neighborhood and I'm sure it would be tine So, I think it is a working document It is called guidelines And I'm glad to hear that thought is in processing I'm going to be supportive of it Dorothy Wood Thank you Is that a motion' Janice Anderson Yes Ed Weeden Are we voting on Items 22 — 32 or each item individually' Dorothy Wood All of them together, 1 guess according to several of the Commissioners Ronald Ripley Can we make comments Dorothy Wood Yes We have a motion can I get a second and then you can make a comment, it you don't mind' Do 1 have a second" Etroene Crabtree I'll second it Dorothy Wood Okay Now, it's open for discussion Ronald Ripley I want to also compliment everybody that has participated on this whole process The community has been very much involved in everything that has happened here And the Resort Advisory Comrruttee, 1 appreciate their input 1 appreciate Barbara Yates and the community that has worked on this The 19"' Street and Old Beach Community worked real hard They had very interesting processes It kind of hung around theie for about three years and Just popped out within the last few years But, 1 think it's a masterful Job here to as well I do want to bring up some issues that were raised and 1 discussed this in the informal session And it ieally deals with a difference in the densities that aie being proposed here for the incentive areas when you meet all the guidelines of the Design Guidelines that are set forth Those are, and I think that the densities that have been proposed in the RT-3 and the RT-3 Laskin Road area need to be higher I think given the Design Guidelines and the drive the cost of these projects are up considerably and 1 have a problem with that because it is going to drive better quality When you drive costs up with parking decks and other pertinent things that aie going to contribute to the cost you need to be able to offset it with generated income in the form of either condominium units of hotel units of rental units This whole lormula is not going to drive any affordable housing 1 can assure you It's all going to be in the higher end And, 1 believe that you will have to look at a highei density in the future I don't think this is going to get us where we need to be Item #22 — 32 City of Virginia Beach Page i Dorothy Wood Thank you Bob Robert Miller I'm going to somewhat echo the same thing except I'm also going to over to RT-2 and Just state the fact that I think the density there needs to be higher The block between Atlantic and Pacific is in my opinion is terribly underused, a set of blocks that have for years and years The businesses in there are fine but the opportunity theie is tremendous We need to take a wonderful look at it and say okay this is an area where we want permanent residences to be in our City We want the retail and other activities in that area I lust think that is an opportunity It's separated from the neighborhoods It's not going to Jump ovei and reach into the neighboi hoods It we give that opportunity there ovei the next IS to 20 years, I think that is where out development occurs Laskin Gateway, 1 completely agree that we got to have the density theie and along 19"' Street If we'ie going to encourage this, we need to encourage it in the right places And as we encourage these things as we're talking about it this morning. I don't see this happening in a moment We don't Just go out and create thousand of units Our friends of the Navy and with due respect to theu JLUS and the agreement between the City and the Navy, that is an operational and wonderful decision to make Ten years out from now, I want to make sure that we put legs on our vision for this part of the City, and that it is going to happen And then ten years from now, we walk down there and go, "we made the best decisions for the City" at that point in time, and we also realize that we made the best decisions with regard to the Navy I feel, and I said it this morning several times, that we have absolutely worked somehow as the better partner in this with disrespect to the Navy, and come up with some decisions that they have been able also to agree to Now, they have to the extent without putting it in writing, apparently agreed to these things And that to me is a huge step on their part It's a huge step of laith on both parts If I'm not allowed to say that but I said it anyway I think I'm not the Navy, so they can say what they want to If we don't get the densities and focuses in these areas and say this is the area we want to, and particularly on larger pieces of property in these area, we got so many small pieces down there, I'm afraid we're going to get what we're asking for We're going to get hack what we got there right now or some very eclectic not so functional set of decisions .And it is because individual owners of properties and/or developers will say I got to get the value out of this property, and the way for me to do that is for me to move on it at a point in time Some were pushed by reasons that have nothing to do with perhaps nothing but basic economics or decisions by growing with the piece of property It may have something to with the state of other things So, I think we have an opportunity to say this is a critical element to our city s future Let's make sure, as Barbara was saying, let's protect our neighborhood and give the opportunity for the economic engines to work in the private sectoi along 19°' Street, along Laskin Road, and in the RT-2 District by encouraging a higher density than what is in the plan And, 1 won't get into the discussion of higher density because I think that would ultimately be controlled the way it should have been controlled and that is by the Design Guidelines saying this is how we want you to accomplish things This is how you will get incentives And as we've agreed even along the Oceanfront, we're not getting the kind of densities Item #22 — 32 City of Vugmia Beach Page 6 there that perhaps the land mass could have said we could have And that is because we're getting quality products in that area So lets get quality products in the other areas Doiothy Wood Thank you Jan Janice .Anderson I'm now going to speak on the Resort Plan before my comments Just spoke on the Old Beach Design Guidelines I'm definitely in agreement Ron and Bob on this On the RT zonmg being changed, and it hasn't been changed in years It's been 20 years where it hasn't been changed So we're looking at that far down the road, and I think it should have the tools to look that tar down the road It's a beautiful plan A lot of woik has gone into it, a lot of hours But the main thing if you look on Page l8, it shows an aerial view of the Oceanfront And it is drastic You got the hotels on Atlantic Avenue and as you go across the sweet it's not there It hasn't been developed and that is what this plan hopefully will do That is what it looks forward to and viewed as a world class resort year round Encourage quality venues and quality businesses 1 couldn't say it bettei But I believe that the density requirement and the urban residential is going to be key This plan does pm it there I think it nught be heavier, but 1 understand the constraints But, if the plan is going to work, then probably the density needs to there As both the gentlemen had said before with the commercial development, it is costly but we're requiring them to do the high quality, with the guidelines We're requesting that they put in parking garages so you don't have the surface parking And, like the beautiful parking garage that we have on 3 1 " Street with the stoles around it to keep those businesses retail, and those type of establishments, you're going to need residents year around 11's not lust going to be the Old Beach or Lakewood, you're going to need the urban core there on 19'h Street and 171h Street Ron and I woiked on that Old Beach Plan together there 1 think overall it is a good plan 1 support the Convention Center They put a lot of effort in that to make it first class I'm encouraeed to ;o with the plan I Would also like to make a comment that I believe heavy density might be called for Dorothy Wood It was your motion Who seconded it' Whose motion was it' Eugene Crabtree It wasn't Jan Dorothy Wood Bob Robert Miller I would like to go ahead and submit a substitute motion that would increase the densities on RT-2, and I'll pick a number, 80 units, and the RT-3 also to 80 units In both those cases that would be the last ceiling that is identified versus the ceiling that has been identified undei the incentive points Janice Anderson Is there any acieage involved in that' Robert Miller These would be incentives identified laiger pieces of property I believe that is coi rect Item #22 — 32 City of Virginia Beach Page 7 y Janice Anderson Okay So the larger and then it would go up to eighty' Robert Miller Yes ma'am Janice Anderson Okay Ronald Ripley I'll second that Dorothy Wood Okay Are there any other comments on it" Mr Scott, did you have a comment" Robert Scott You don't want to hear my comment Dorothy Wood Yes sir I wouldn't have asked VOL] about it Robert Scott I cannot tell you in good faith that it you adopt this ordinance Just the way you described it that it is in keeping with the Joint Land Use Study And I have to tell you that When we worked the densities, we tried to create a balance Yes. I agree with all of the things that have been said about density But the City Council in May adopted a Joint Land Use Study that embodied certain understandings, and 1 think that the oidrnance as you have had it presented to you today embodies those understandings To go further, promotes certain ends but it does so at the expense of that balance And I Just have to point that out to you Dorothy Wood Thank you So, we'll have the substitute motion and then the regular motion AYE NAY ABS1 ABSENTI ANDERSON AYE CRABTREE NAY DIN' NAY HORSLEY NAY KATSIAS ABSENT KNIGHT NAY MILLER AYE RIPLEY AYE STRANGE NAY WALLER ABS WOOD NAY Ed Weeden By a vote of 3-6, with the abstention so noted, the substitute motion has been denied Item #"_'2 — 32 City of Vuotnma Beach Page R Dorothy Wood Okay, so the motion that was made by Jan Janice Anderson Its still there It's been seconded Dorothy Wood Okay AYE S NAY I ABS 1 ABSENT I ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS ABSENT KNIGHT AYE MILLER NAY RIPLEY AYE STRANGE AYE WALLER ABS WOOD AYE Ed Weeden By a vote of 8- I, with the abstention so noted, Items #22 — 32, the City of Virginia Beach has been approved Dorothy Wood Thank you Mop Not to Scale wa[[aam ey whitne West auuatzwton vartance 0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: William and Whitney West — Subdivision Variance MEETING DATE: December 20, 2005 ■ Background: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for William and Whitney West. Property is located at 1460 West Little Neck Road (GPINs 14884909170000; 14884947660000; 14893083700000). DISTRICT 5 — LYNNHAVEN ■ Considerations: The existing lots total 10.850 acres and are zoned R-40 Residential District. These parcels were recorded in 1950 and 1952. Of the total 10.85 acres, only 4.378 are above the water and marsh. There is no development on the property. It is the intent of the applicant to subdivide the parcels into four (4) lots for single family dwellings. The parcel has 172.76 feet of frontage along West Little Neck Road. Three (3) of the four (4) proposed lots will require a variance to the minimum lot frontage width of 125 feet. It is proposed that the three (3) flag lots utilize a shared 20' wide ingress/egress, thereby eliminating the need for individual driveways. The proposed four lot subdivision is similar to several other unusually configured lots that have occurred in the surrounding area, either as a result of natural features, unusual environmental conditions or previous lots platted around them. The zoning history revealed that a subdivision variance request was approved on property to the west, also heavily impacted by the Chesapeake Bay Preservation Area Ordinance, for flag lots. Staffs opinion is that the authorization of this variance will not be detrimental to adjacent property and the character of the neighborhood will not be adversely affected. The proposed parcels will meet the minimum lot size of 40,000 square feet for R40 zoning (the smallest being 45,352 square feet and the largest proposed with 288,314), which is in keeping with the surrounding properties. This request is similar to other requests abutting the L-ynnhaven River that are lots of unusual depth, size and configuration. William and Whitney West Page 2 of 2 The Planning Commission placed this item on the consent agenda because the request would not be detrimental to adjacent properties and is in keeping with the character of the neighborhood. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 with 1 abstention to approve this request with the following conditions: 1. The subdivision of the property and the final subdivision plat shall substantially adhere to the submitted plan entitled "Conceptual Site Layout & Subdivision Plan of 1460 W. Little Neck Rd.," prepared MSA, P.C., dated, 04/20/05. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. All conditions of the Chesapeake Bay Preservation Area Board's approval, dated September 26, 2005, shall also be conditions of approval of this subdivision variance. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De artmenVAge cy: Planning Department City Manager: er: WILLIAM & WHITNEY WEST Agenda Item #13 November 9, 2005 Public Hearing Staff Planner: Carolyn A.K. Smith William & Whitnev West o�� / s.ed-w. V REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance. ADDRESS / DESCRIPTION: Property located at 1460 West Little Neck Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14884909170000 2 - LYNNHAVEN 10.85 acres 14884947660000 14893083700000 SUMMARY OF REQUEST Existing Lot: The existing lots total 10.850 acres and are zoned R-40 Residential District. These parcels were recorded in 1950 and 1952. Of the total 10.85 acres, only 4.378 are above the water and marsh. There is no development on the property. Proposed Lots: It is the intent of the applicant to subdivide the parcels into four (4) lots for single family dwellings. The parcel has 172.76 feet of frontage along West Little Neck Road. Three (3) of the four (4) proposed lots will require a variance to the minimum lot frontage width of 125 feet. It is proposed that the three (3) flag lots utilize a shared 20 wide ingress/egress, thereby eliminating the need for individual driveways. ltem RE99W LQLA LQL@ LQLC LQLD Lot Width in feet 125 125 15* 15' 18.13" Lot Area in square feet 40,000 45,352 52,185 51,198 288,314" 'Variance required '*42,148 square feet above the top of bank WILLIAM and LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant, wooded site SURROUNDING LAND North: . Lynnhaven River USE AND ZONING: South: . West Little Neck Road, single family dwellings / R-40 Residential District East: . Single family dwellings / R-40 Residential District West: . Single-family homes / R-40 Residential District NATURAL RESOURCES AND CULTURAL FEATURES: The property is within the Chesapeake Bay watershed and more specifically within the Resource Protection Area, the more stringently regulated portion of the Chesapeake Bay Preservation Area. The majority of the site is heavily wooded with mature trees. The property borders tidal water and marsh and exhibits minimal erosion. Of the total 10.85 acres, only 4.378 are above the water and marsh. The Chesapeake Bay Preservation Area Board reviewed and approved the encroachment into the Resource Protection Area, as depicted on the submitted plan, on September 26, 2005, with 21 conditions listed below. 1. A pre -construction meeting shall be convened with Civil Inspections prior to any land disturbance or tree removal. Mr. Oscar Richardson, A.S.C.A. (certified arborist) shall be present at all pre - construction meetings for each lot. 2. A wire re -enforced silt fence shall be installed for Lot D. Dual 36" erosion and sedimentation control measures (silt fences) shall be installed for the remaining lots prior to any land disturbance and shall remain in place until such time as vegetative cover is established. 3. A heavy duty construction fence, acceptable to Civil Inspections, shall be installed along the aforementioned E & S controls and shall be maintained during all phases of construction. 4. Permanent or temporary soil stabilization shall be applied to all disturbed / denuded area(s) prior to a final building inspection or certificate of occupancy. 5. Construction limits shall lie a maximum of 10' outboard of improvements. 6. No structural improvements shall lie within 20' of the top -of -bank for Lot D. 7. The construction access way shall be noted on the site plan, as well as the stockpile staging area. 8. All stormwater from proposed impervious cover shall be conveyed to structural stormwater management facilities, inclusive of those lots within the RMA. 9. If and when the shoreline is hardened, a rip -rap revetment shall be constructed in lieu of a vertical retaining structure (timber or steel bulkhead). The toe of the revetment shall lie at or landward of tidal wetlands. Said condition shall be so noted on the site plan. 10. All driveway, water, sewer, other public infrastructure locations, width, and design shall be as prescribed by Mr. Oscar Richardson, A.S.C.A. (certified arborist). 11. The pool for Lot D shall be constructed prior to or concurrent with the residence. 12. The existing interior lot lines shall be vacated. 13. "As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program prior to or concurrent with site plan approval. Payment shall be in the amount of $2,237.00 and is based on 25% of the proposed impervious cover for Lot D. Said payment shall provide for the equivalent of an approximate 2,440 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 14. All area outside the limits of construction for each lot shall be left in a natural state to include the forest floor (leaf litter) left intact. Said condition shall be so noted on the site plan. 15. Tree compensation shall be at a 2:1 ratio for each lot and shall be comprised of 50% evergreen and 50% deciduous species. Tree installation shall be within those areas devoid of appreciable tree canopy. 16. The conditions and approval associated with this variance are based on the site plan sealed September 13, 2005, prepared by MSA. 17. No portion of the building envelope shall encroach within the variable width RPA buffer for Lot C. 18. The maximum size building envelope for Lots A, B, and C shall be 8,000 square feet. Envelopes shall be shown on the recorded subdivision plat. Envelopes shall be inclusive of limits of construction and no land disturbance shall extend beyond said limits. Said condition does not apply to driveways. 19. One driveway shall service proposed Lots B, C, and D similar to that which is shown on the site plan. 20. Mr. Oscar Richardson, A.S.C.A. (certified arborist) shall provide written assessments to Civil Inspections detailing tree preservation and compensation practices to be employed for each lot. Said assessments shall be provided pre and post development of each lot. 21. A revised site plan for each individual lot shall be submitted to the Planning Department, Development Services Center for review and approval prior to the issuance of a building permit. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. WILLIAM and WHITNEY WEST Agenda Item* Page 3 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP) West Little Neck Road is a two (2) lane residential collector. Public Works / Traffic Engineering notes that West Little Neck Road at this location has a sub -standard right-of-way width of 41 feet. WATER: This site must connect to City water. There is an eight (8) inch water main in West Little Neck Road. SEWER: There is no City sanitary sewer in the vicinity of this site. A City vacuum sanitary sewer system will be available no earlier than April 2006. COMPREHENSIVE PLAN The Comprehensive Plan designates this area as a Primary Presidential area. The Plan's policies for this area emphasize the strong need to preserve, protect, and enhance the overall character, economic value, and aesthetic quality of surrounding neighborhoods. The policies generally support development proposals that fulfill a legitimate public need for compatible neighborhood support uses and activities. EVALUATION AND RECOMMENDATION Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staff recommends approval of this request with conditions. The recommended conditions are provided below. The proposed four (4) lot subdivision is similar to several other unusually configured lots that have occurred in the surrounding area, either as a result of natural features, unusual environmental conditions or previous lots platted around them. The zoning history revealed that a subdivision variance request was approved on property to the west, also heavily impacted by the Chesapeake Bay Preservation Area Ordinance, for flag lots. Staffs opinion is that the authorization of this variance will not be detrimental to adjacent property and the character of the neighborhood will not be adversely affected. The proposed parcels will meet the minimum lot size of 40,000 square feet for R-40 zoning (the smallest being 45,352 square feet and the largest proposed with 288,314), which is in keeping with the surrounding properties. This request is similar to other requests abutting the Lynnhaven River that are lots of unusual depth, size and configuration. CONDITIONS 1. The subdivision of the property and the final subdivision plat shall substantially adhere to the submitted plan entitled "Conceptual Site Layout & Subdivision Plan of 1460 W. Little Neck Rd.," prepared MSA, P.C., dated, 04/20105. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. All conditions of the Chesapeake Bay Preservation Area Board's approval, dated September 26, 2005, shall also be conditions of approval of this subdivision variance. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. WILLIAM and WHITNEY WEST Agenda Item #13 Page 5 WEST LITTLE NECK ROAD PROPOSED SITE PLAN Map �ot hVill am &►r ►�, * ' .ORO auoa:v:s:on variance 1 06/23/98 Subdivision Variance Granted 2 07/05/ 33 1 Subdivision Variance Granted IF DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees. partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 0 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of,ali officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 0 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes Subdivision Vananee AppGe bw Page 11 or 12 Revised 2/1912004 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services. real estate services. financial services, accounting services, and legal services: (Attach list if necessary) MSA, P.C., Michael Perry Government Permitting Consultant. Billy Garrington William E. Wood & Associates. Thomas Di Buono Charlie Anderson, Builder 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2.3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject proast 30 days prior to the scheduled public hearing according to the stru ns In t is package. Applicant's Signature �'Print Name Property Owner's Signature (if different than applicant) Print Name I' I S&ilodivisim variance Appllc"on Page 12 of 12 Revised ZIW004 DISCLOSURE STATEMENT . .............. WILLIAM and WHITNEY WEST Agenda -Item #13 Page 10 Item #13 William and Whitney West Subdivision Ordinance 1460 West Little Neck Road District 5 Lynnhaven November 9, 2005 CONSENT William Din: The next item I have is Item #13. This is William and Whitney West. This is a request for a subdivision variance for property located at 1460 West Little Neck Road. This is in the Lynnhaven District and there are two conditions associated with this item. Welcome. Billy Garrington: Thank you very much. Ladies and gentlemen of the Planning Commission, for the record, Billy Garrington here on behalf of the applicant Mr. William West to request your approval of this subdivision variance for property located at 1460 West Little Neck Road. In the staff write up there are two conditions. We are in total agreement with those two conditions. I would also like to point out that those two conditions also incorporate the 21 conditions that were placed upon this piece of property by the Chesapeake Bay Board that are a part of this and we are in total agreement with those conditions. William Din: Thank you Mr. Garrington. Is there any objection to this item being on consent agenda? If not, Ms. Katsias will explain this issue. Kathy Katsias: This is a subdivision variance that the City requires any newly created lots to meet all the City's zoning ordinances. Existing lots total 10.85 acres and are zoned R-40. It is the intent of the applicant to subdivide the parcels into four single-family dwellings. The parcel has 172 feet of frontage on West Little Neck Road. Three of the four lots proposed will require a variance to the minimum lot frontage width of 125 feet. It is proposed that the three flag lots utilize the shared 20 foot wide egress/ingress, thereby eliminating the need for individual driveways. Staff recommends approval subject to the two conditions and there is no opposition so we put this on consent. William Din: Thank you Kathy. I would like to make a motion to approve the following consent agenda item. Item #13 is William and Whitney West with two conditions. Robert Miller: Madame Chair? Dorothy Wood: Yes. Robert Miller: I need to abstain from Item #13. My firm is working on that project. Item # 13 William and Whitney West Page 2 Dorothy Wood: Thank you Mr. Miller. A motion by Mr. Din and seconded by Mr. Horsley to approve the consent item. AYE 9 ANDERSON CRABTREE AYE DIN AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE NAY 0 ABS 1 ABSENT 1 ABS ABSENT Ed Weeden: By a vote of 9-0, with the abstention so noted, the Board has approved Item #13 for consent. Page 1 of 1 Harry E. Diezel From: Ann Costenbader [anncosten@yahoo.com] Sent: Tuesday, December 06, 2005 4:52 PM To: Harry E. Diezel Subject: City Council Meeting, December 20, 2005 Mr. Harry E. Diezel City Hall Virginia Beach, VA 235456 Re: Virginia Beach City Council meeting Tuesday, December 20, 2005 Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for William and Whitney West, at 1460 West Little Neck Road Dear Mr. Diezel: With regard to the abovementioned subdivision, we have noticed that many families with four or more people often use 2 garbage cans and 2 SPSA (blue) cans for recyclables. With 4 large houses, this could mean a possible 16 or more cans out on trash day. They will also need 4 mailboxes. That may raise a problem on such a narrow piece of property facing W. Little Neck Road. The applicants are asking for a 20 foot road, and a house with a driveway. There doesn't appear to be enough room for these cans and mailboxes with the current plans. The City Zoning Ordinance requires the entrance to a subdivision to have a width of 125 feet with curbs and gutters. Without curbs and gutters, there is less control of drainage and more chance that a road will not be maintained to a reasonable standard. The developer is asking for a variance to this Ordinance. As the City Council has made it known in the past that it is against any further flag lot development, I believe the City should adhere to this Ordinance and suggest fewer houses be built. We regret that due to holiday family obligations, we will be unable to attend this important City Council meeting, however, we ask that our concerns be considered with the same weight as if we were there. Thank you for your consideration. Yours truly, John H. & Ann H. Costenbader 1440 W. Little Neck Road Virginia Beach, Virginia Yahoo! Personals Skip the bars and set-ups and start using Yahoo! Personals for free 12n12005 Hollis Rd. Association, LLC °xr`N �yya� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Indian Point, L.L.C. and Hollis Road Associates, L.L.C. & Indian Point, L.L.C. (Change of Zoning District Classification and Modification of Proffers) MEETING DATE: December 20, 2005 ■ Background: An Ordinance upon Application of Indian Point, L.L.C. for a Change of Zoning District Classification from R-10 Residential District to Conditional R-10 Residential District with a PD-H2 Overlay District on property located on the east side of Indian River Road, approximately 640 feet north of South Independence Blvd. (GPIN 14740958520000). The Comprehensive Plan designates this site as being within the Primary Residential Area. The purpose of this rezoning is to incorporate the subject property into an adjacent single-family residential development. DISTRICT 1 — CENTERVILLE An Ordinance upon Application of Hollis Road Associates, L.L.C. & Indian Point, L.L.C. fora Modification of Proffers for a rezoning approved by City Council on December 14, 2004. The property is located at 4704 and 4708 Indian River Road (GPINs 14740889180000; 14740920190000; 14740986010000). The Comprehensive Plan designates this site as being within the Primary Residential Area. The purpose of this modification is to add property to the planned single- family residential development. DISTRICT 1 — CENTERVILLE ■ Considerations: The applicant proposes to rezone a 50-foot wide strip of property in order to incorporate it into the adjacent planned development to the south. The strip of property is currently used as a private road access for two properties at its eastern terminus. The applicant intends to remove the private roadway and incorporate this strip into residential home sites. The applicant is also proposing to modify the proffers for the planned development adjacent to the south of the 50-foot wide strip. The Conditional Rezoning from R-10 Residential District to Conditional R-10 Residential District with PD-1-12 Overlay for this development was approved by the City Council on December 12, 2004 with five (5) proffers. Proffer number 1 is being modified to reference a revised concept plan dated June 16, 2005, that shows the additional 50 foot strip being incorporated into the Indian Point, L.L.C. and Hollis Road Associates, L.L.C. Page 2 of 2 residential home sites and also shows the alternative access for the two properties that currently use the private roadway. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. This proposal will eliminate a long narrow private roadway between two residential neighborhoods of medium density and was suggested by staff when the planned development to the south was rezoned in 2004. A safer, alternative access will be provided through the new neighborhood to the two existing properties that currently use the private roadway. The Planning Commission placed the items on the consent agenda because they feel it is an appropriate use and will improve access to the impacted properties. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 with 1 abstention to approve the requests, as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department K)L City Manager: S k,/- , b Ok- INDIAN POINT, L.L.C. HOLLIS ROAD ASSOC. L.L.C./INDIAN POINT L.L.C. Agenda Items #1 & 2 November 9, 2005 Public Hearing Staff Planner: Barbara Duke Indian Point LLC ...\. p, R `TJp10 1 P-1 o R-10 POH 2 �000�, LR=10 -jt� POH-2 P-1 (R-10) <p (13 R-10 (l' COn&_I Zonis Change: from R-7010 PD 2 R-10 REQUEST: 1) Change of Zoning District Classification from R-10 Residential District to Conditional R-10 Residential District with PD-H2 Overlay 2) Modification of Proffers from the Conditional Change of Zoning from R-10 Residential District to R-10 Residential District with PD-H2 Overlay granted by the City Council on December 14, 2004. ADDRESS / DESCRIPTION: Property located on the east side of Indian River Road, bisected by South Independence Boulevard. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 1) 14740958520000 1 - CENTERVILLE 1) 1.3 acres 2) 14740889180000; 2) 31.5 acres 14740920190000; 14740986010000 1) The applicant proposes to rezone a 50 foot wide strip of SUMMARY OF REQUEST property in order to incorporate it into the adjacent planned development to the south. The strip of property is currently used as a private road access for two properties at its eastern terminus. The applicant intends to remove the private roadway and incorporate this strip into residential home sites. 2) The applicant is proposing to modify the proffers for the planned development adjacent to the south of the 50 foot wide strip. The Conditional Rezoning from R-10 Residential District to Conditional R-10 Residential District with PD-H2 Overlay for this development was approved by the City Council on December 12, 2004. The Conditional Rezoning has five proffers: 1. When the Property is developed, it shall be developed as no more than ninety-six (96) single family residential building lots substantially in conformance with the Exhibit entitled "CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF ROSE GLEN MANOR," DATED July 30, 2004, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Lot Plan"). 2. When the Property is subdivided, it shall be subject to a recorded Declaration of Protective Covenants, Restrictions and Conditions ("Deed Restrictions") administered by a Property Owners Association which shall be responsible for maintaining all common areas, open spaces and scenic easements. 3. All residential dwellings constructed on the Property shall have a minimum of 2000 square feet of enclosed living area. 4. When the Property is subdivided, the areas within the alignment of Future Indian River Road as contained in the Grantee's Master Transportation Plan shall be dedicated to the Grantee. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Proffer number 1 is being modified to reference a revised concept plan dated June 16, 2005, that shows the additional 50 foot strip being incorporated into the residential home sites and also shows the alternative access for the two properties that currently use the private roadway. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site INDIAN POINT LLC AND HOLLIS SURROUNDING LAND North: . Single-family homes / R-10 Residential District USE AND ZONING: South: . Single-family Homes / R-10 (PD-H2) Residential District East: . Single-family Homes / R-10 (PD-H2) Residential District West: . Indian River Road Phase VII right-of-way NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is grass field. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Independence Boulevard in the vicinity of this application is considered a two lane major suburban arterial. It is designated on the Master Transportation Plan (MTP) as a 100 foot wide divided facility with a scenic easement. There are no current projects to upgrade this roadway. Indian River Road in the vicinity of this application is considered a two lane minor suburban arterial. It is designated on the Master Transportation Plan (MTP) as a 120 foot wide divided facility with a scenic easement. Capital Improvement Program Project 2-256 for Indian River Road Phase VII will upgrade this roadway to a four lane facility from Lynnhaven Parkway to Elbow Road. Construction of this roadway is scheduled to begin in 2012 and finish in 2014. The applicant is dedicating the right-of-way needed for Indian River Road Phase VII, however, the Department of Public Works is still negotiating with the applicant to place a stormwater management facility in the southwestern portion of the site. If this stormwater management facility is constructed in the proposed location, it would eliminate some of the planned home sites in this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Indian River 11,000 ADT 7,300 ADT Existing Land Use — Road 750 ADT Proposed Land Use 3 - 1000 Average uany i nps 2 as defined by single family homes 3/acre 3as defined by single family homes 4/acre WATER: This site must connect to City water. INDIAN POINT LLC AND HOLLIS ROAD ASSOC LLC Agenda Item # 1 ,& 2 Rage 3 SEWER: This site must connect to City sanitary sewer. This site is located in the Pump Station 459 service area and must connect to City sanitary sewer service. Analysis of the receiving pump station and the sanitary sewer collection system is required to ensure future flows can be accommodated. An adequately sized public utility easement is required for the existing 8 inch gravity sanitary sewer line connecting South Independence Boulevard and Drumheller Drive. SCHOOLS: The requested rezoning of the 50 foot wide strip and modification of proffers will have no impact on schools. The Comprehensive Plan recognizes this site as part of the COMPREHENSIVE PLAN Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located within the area. The established type, size, and relationship of land use, both residential and nonresidential, in and around these neighborhoods should serve as a guide when considering future development. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with the modified proffers submitted by the applicant. The proffers are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. This proposal will eliminate a long narrow private roadway between two residential neighborhoods of medium density and was suggested by staff when the planned development to the south was rezoned in 2004. A safer, alternative access will be provided through the new neighborhood to the two existing properties that currently use the private roadway. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFERII: Proffered numbered "1" is deleted and the following is added as Proffer number "1": When the Property is developed, it shall be developed as no more than ninety-eight (98) single family residential building lots substantially in conformance with the Exhibit entitled `CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF ROSE GLEN MANOR PHASE ll, INDIAN RIVER ROAD AND SOUTH INDEPENDENCE BOULEVARD.", dated 6/16/05, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. ("Concept Plan")/ PROFFER 2: All of the terms, conditions, covenants, and agreements set forth in the Proffer, save and except proffer numbered `1" which is amended herein, are ratified, affirmed, adopted and applied to the Property and upon all properties and persons claiming under, by or through the Grantors. The City Attorney's Office has reviewed the proffer agreement dated June 30, 2005, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. TWO EXISTING PROPERTIES USING..PRIVATE ROADWAY PROPOSED NEW -.7 V ---------- DISCLOSURE STATEMENT Ij APPLICANT DISCLOSURE 7un�incorporated ant is a corporation, partnership, firm, business, or other organization, complete the following: applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Hollis Road Associates, L.L.C.: M. Paul Warner, Managing Member, Harry B. Newman, Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOTa corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant if the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Modification of Conditions Application Page 10 of 11 Revised 911/2004 INDIAN POINT LLC AND HOLLIS DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. MSA, P.C. Harry R. Purkey, Jr., Esquire Michael Sweeney, Esquire 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va, Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. Hollis Road As iatesj-L.C. By: �. //�✓a%M. Paul Warner, Managing Member Applicants Signature Print Name Property Owner's Signature (if different than applicant) Print Name Modification of Conditions Application Page 11 of 11 Revised 9/1/2004 AM DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Indian Point, L.L.C.: Carmen Pasipia, Managing Member; Paul Angelson, Managing Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Modification of conditions Application Page 10 of 11 Revised 9/1/2004 jj DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. MSA, P.C. Harry R. Purkey, Jr., Esquire Michael Sweeney, Esquire ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subroperty at least 30 days prior to the scheduled public hearing acc rdin tot�41"' i s c ns in this package. Indi oint,LBv.' 5 Paul Angelson, Managing Member Applicant's Signature a Print Name Property Owners Signature (if different than applicant) Print Name Modification of Conditions Application Page 11 of 11 Revised 9/1/2004 Item #1 & 2 Indian Point, L.L.C. Change of Zoning District Classification East side of Indian River Road Hollis Road Associates, L.L.0 and Indian Point, L.L.C. Modification of Proffers 4704 & 4708 Indian River Road District 1 Centerville November 9, 2005 CONSENT Dorothy Wood: I will now ask Mr. Will Din, who is our Vice Chair, to handle the consent agenda. William Din: Thank you Dot. Today we have seven items for the consent agenda. As I call each of these items, would the representative or the applicant please come to the podium, please state your name and if there are conditions associated with that application, please indicate that you have read them and agree as they are written. The first item I have is Item #1 & 2, which is Hollis Road Associates, L.L.C. and Indian Point, L.L.C. The first one is an application for a Change in Zoning District Classification from R-10 Residential District to Conditional R-10 Residential District with a PD-1-12 Overlay. The property is located on the east side of Indian River Road approximately 640 feet north of South Independence Boulevard. Item #2 is an application to modify Proffers for the zoning that was previously approved on December 14, 2004 at the property located at 4704 and 4708 Indian River Road. Both are in the Centerville District. Welcome. Eddie Bourdon: Thank you. For the record, Eddie Bourdon, a Virginia Beach attorney, representing the applicant on Items #1 & 2. And Mr. Miller, I apologize. I should have worn my red, white and blue tie today. Robert Miller: It would have been helpful. You don't know how I feel sitting up here. Eddie Bourdon: You look very distinguished. We appreciate being placed on the consent agenda. We obviously agree with the proffered modification. William Din: Thank you Mr. Bourdon. Does anybody object to placing this item on the consent agenda? If not, our custom is to explain why we have placed this on consent. Mr. Barry Knight will explain this item. Barry Knight: Yes. This applicant proposes to rezone a 50-foot wide strip of property in order to incorporate it with the adjacent planned development to the south. This strip of property is now used as a private road access for two properties. It's a long thin piece of Item #1 & 2 Indian Point, L.L.C. Page 2 land and what they want to do is incorporate this long thin piece of land that is a right -a- way into the adjacent properties and access these other two properties from a different direction. It's in keeping with the Comprehensive Plan. It's a cleaner way to do things. It kind of cleans up and dresses up the neighborhood. We thought it was a proper use of this land so therefore we put it on the consent agenda. William Din: Thank you Barry. I would like to make a motion to approve the following consent agenda items. Items #1 & 2, which is Hollis Road Associates, L.L.C. and Indian Point, L.L.C. as a proffered item. Robert Miller: Madame Chair? Dorothy Wood: Yes. Robert Miller: I need to abstain from Items 1 & 2. My firm is working on those projects. Dorothy Wood: Thank you Mr. Miller. A motion by Mr. Din and seconded by Mr. Horsley to approve the consent items. AYE 9 NAY 0 ABS 1 ABSENT 1 ANDERSON ABSENT CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER ABS RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 9-0, with the abstention so noted, the Board has approved Items #1 & 2 for consent. Maps D.E-11 Conditional Zoning Change: from R-10 to PDH-2 R-10 In Reply Refer To Our File No. DF-6315 TO: Leslie L. Lilley , FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: December 7, 2005 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Hollis Road Associates, LLC & Indian Point, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on December 20, 2005. 1 have reviewed the subject proffer agreement, dated June 30, 2005, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen PREPARED BY. SYKES. BOURDON, ARERN & LEVY. £.0 FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS HOLLIS ROAD ASSOCIATES, L.L.C., a Virginia limited liability company INDIAN POINT, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of June, 2005, by and between HOLLIS ROAD ASSOCIATES, L.L.C., a Virginia limited liability company, party of the first part, Grantor; INDIAN POINT, L.L.C., a Virginia limited liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the first part is the owner of two (2) certain parcels of property located in the Centerville District of the City of Virginia Beach, containing approximately 17.293 acres designated as Parcels 1 and 2 and described in Exhibit "A" attached hereto and incorporated herein by this reference, said parcel along with the other parcels described in Exhibit "A" are hereinafter referred to as the "Property"; and WHEREAS, the party of the second part is the owner of two (2) certain pieces or parcels of property located in the Centerville District of the City of Virginia Beach, Virginia, containing approximately 14.275 acres designated as Parcels 3 and 4 and described in Exhibit "A" attached hereto and incorporated herein by this reference, said parcels along with the other parcel described in Exhibit "A" are hereinafter referred to as the "Property"; and GPIN: 1474-08-8918 1474-09-2019 1474-09-8601 1474-09-5852 1 PREPARED BY: SYKES. BOURDON. t1i9 AMN & LEVY. P.0 WHEREAS, Parcels 1, 2 and 3 are subject to "Proffered Covenants, Restrictions and Conditions" dated July 30, 2004 accepted by the Grantee and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 200412280200095 ("Proffer"); and WHEREAS, the Grantors have requested the Grantee to accept modifications and amendments to the Proffered Covenants, Restrictions and Conditions ("Proffer") recorded in the above referenced Clerk's Office as Instrument # 200412280200095, which amendments and modifications are set forth herein; and WHEREAS, the party of the second part 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 Parcel 4 from R-10 Residential District to PD-H2 (R-10) Residential District; and 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 development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed use, 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 resolve 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, the following amendment to the previously proffered conditions related to the physical development, operation, and use of the Property to be incorporated as a part of the previously adopted amendment to the Zoning Map. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its K PREPARED BY: SYUS. BOURDON, AHERN & LRVY. PC governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following amended and modified declaration of conditions_ covenants_ restrictions as to 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 binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title. 1. Proffer numbered "1" is deleted and the following is added as Proffer I number "1": 1. When the Property is developed, it shall be developed as no more than ninety-eight (98) single family residential building lots substantially in conformance with the Exhibit entitled "CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF ROSE GLEN MANOR PHASE II, INDIAN RIVER RD. & S. INDEPENDENCE BLVD.", dated 6/ 16/05, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. All of the terms, conditions, covenants, and agreements set forth in the Proffer, save and except proffer numbered "1" which is amended herein, are ratified, affirmed, adopted and applied to the Property and upon all parties and persons claiming under, by or through the Grantors. All references hereinabove to the PD-H2 and R-10 Zoning Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. 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 3 PREPARED BY: MSYKES. $OURDON. AUMN & LEVY. AC 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 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The 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; (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 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 11 PREPARED BY: SYKES. BOURDON, ARM & LEVY. RC 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. W PREPARED BY. SYKES. $OURDON. AHERN & LEVY. P.0 WITNESS the following signature and seal: GRANTOR: HOLLIS ROAD ASSOCIATES, L.L.C., a Virginia limited liability company Bya,!��� T�� �C/E�`�.. (SEAL) M. Paul Warner, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 1st day of July, 2005, by M. Paul Warner, Managing Member of Hollis Road Associates, L.L.C., a Virginia limited liability company, on behalf of said corporation. My Commission Expires: August 31, 2006 0 i� Notary Public PREPARED BY: SYY£S. ROURDON, AIiERN & LEVY. P.C. WITNESS the following signature and seal: GRANTOR: INDIAN POINT, L.L.C. a Virginia limited liability Paul Angoson, M&iaRinR Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: (SEAL) The foregoing instrument was acknowledged before me this lst day of August, 2005, by Paul Angelson, Managing Member of Indian Point, L.L.C., a Virginia limited liability company, on behalf of said corporation. My Commission Expires: August 31, 2006 7 'Notary Public EXHIBIT "A" Parcel 1: Beginning at a pin set on the eastern side of Indian River Road being the dividing line of property now or formerly Frederick H. McNair (DB 941, PG. 683) and the herein described property; thence leaving Indian River Road along said dividing line North 60° 24' 20" East, a distance of 165.79 feet to a pin found; thence North 25° 38' 30" West, a distance of 124.49 feet to a pin set on the southern right of way line of Independence Boulevard South; thence along Independence Boulevard South North 25° 35' 17" West, a distance of 95.45 feet to a pin set; thence North 66' 44' 13" East, a distance of 418.35 feet to a pin set; thence South 36° 46' 52" East, a distance of 10.28 feet to a pin set; thence North 66° 44' 13" East, a distance of 510.07 feet to a pin set at a point of curve; thence along a curve to the right having a radius of 4538.00 feet and an arc length of 178.78 feet to a pin set at a point of tangency; thence North 68° 59' 39" East, a distance of 5.91 feet to a pin found being the southwest corner of Lot 48 Glenwood Subdivision Phase 5C, Section 1 (MB 243, PG. 57); thence leaving Independence Boulevard South along the western line of Glenwood Subdivision South 13° 04' 03" East, a distance of 521.17 feet to a pin found n the northern right of way line of Abilene Lane (60 foot right of way); thence along Abilene Lane South 79' 04' 36" West, a distance of 28.46 feet to a pin found; thence South 18° 18' 08" East, a distance of 60.50 feet to a pin found; thence leaving Abilene Lane along the dividing line of Glenwood Subdivision Phase 5B, Section 1B (MB. 227, PG. 30) South 18° 18' 08" East, a distance of 145.36 feet to a pin set being the northernmost corner of Lot 11 Glenwood Place Subdivision (unrecorded); thence South 65' 53' 57" West, a distance of 643.67 feet to a pin set at the easternmost corner of property now or formerly Leon N. and Martha M. Harris (DB 1057, PG 668); thence along the dividing line of Harris North 37' 48' 33" West, a distance of 249.57 feet to a pin set in the dividing line of property now or formerly Leon Haynes (DB 366, PG 378); thence along the dividing line of Haynes North 60' 12' 27" East, a distance of 167.55 feet to a pin set; thence North 38' 38' 00" West, a distance of 149.73 feet to a pin found; thence South 60° 12' 27" West, a distance of 543.08 feet to a pin set on the eastern side of Indian River Road; thence along Indian River Road North 32° 04' 57" West, a distance of 74.35 feet to a pin set; thence North 25' 19' 09" West, a distance of 80.41 feet to a pin set being the Point of Beginning and containing 650,291 square feet or 14.929 Acres. GPIN: 1474-08-8918 Parcel 2: PREPARED BY: EM SYKES, ROURDON. All that certain lot, piece or parcel of land being AMN & LKvY. P.0 designated as Lot 11 B, as shown on that certain plat Cora Elizabeth Harris Estate, Virginia Beach, Virginia" 93 known, numbered and entitled, "Subdivision of dated January 3, 2005 PREPARED BY: SYK£S, BOURDON. AHERN & LEVY, P.C. and made by MSA, P.C., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument # 200502090036517. GPIN: 1474-09-2019 Parcel 3: All that certain lot, piece or parcel of land being known, numbered and designated as Lot 11A, as shown on that certain plat entitled, "Subdivision of Cora Elizabeth Harris Estate, Virginia Beach, Virginia", dated January 3, 2005 and made by MSA, P.C., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument # 200502090036517. GPIN: 1474-09-8601 Parcel 4: All those certain lots, pieces or parcels of land, with any improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcels A, B, C, D and E, including the exiting Ten (10) foot road, all as shown on that certain plat entitled, "Plat of Parcel `A' -Louise Moseley; Parcel S'-Elisha E. Harris, Jr.; Parcel `C'-Elisha E. Harris, Sr.; Parcel `D'-Heirs of Moseley; Parcel `E'-Sally Moseley and Marie Harrison and Existing 10' Road to 14.45 Acre Site Property of Elisha E. Harris, Sr. To be Conveyed to Robert K. & Cynthia L. Heide", which said plat is duly recorded in the Clerk's Office of the City of Virginia Beach, Virginia, in Map Book 88, at Page 11. Less and Except that portion of property on the cross -hatched area on that certain plat entitled, "Boundary Line Agreement between Lots 7-17 Subdivision of Glenwood Links (MB. 301, PG. 82) Property of Marie Harrison (DB. 78, PG. 48) (MB. 88, PG. 11) & Property of MSA, P.C. (Inst. #200502180027168)," dated March 22, 2005 and recorded as Instrument Number 200505040066509. 1474-09-5852 MODCONDInONS/ HOLLISROADASSOCIATES/ROSEGLENMANOR/PROFFER 4. Conditional Zoning Change from AG-2 to 8-2 q`st 1'g;'7 a. J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Marvin M. Rollins & Gayle B. Rollins — Change of Zoning District Classification and Conditional Use Permit (bulk storage facility) MEETING DATE: December 20, 2005 ■ Background: An Ordinance upon Application of Marvin M. Rollins & Gayle B. Rollins for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District on property located at 5689 Morris Neck Road (GPIN 23089902090000). The Comprehensive Plan designates this site as being part of the Rural Area, suitable for agricultural uses and services that support agriculture and the rural residential population. The purpose of this rezoning is to develop a hardware store on this site. DISTRICT 7 — PRINCESS ANNE An Ordinance upon Application of Marvin M. Rollins & Gayle B. Rollins for a Conditional Use Permit for a bulk storage facility on property located at 5689 Morris Neck Road (GPIN 23089902090000). DISTRICT 7 — PRINCESS ANNE ■ Considerations: The applicant proposes to rezone the existing Agricultural property to Conditional B-2 Business District to develop the site with a hardware store. The requested Conditional Use Permit for bulk storage is for storage of items such as lumber and garden supplies as an accessory to the hardware store. The submitted concept plan depicts a one-story 50' by 120' building to be used as the hardware store, a 15' by 100' storage building, parking, dumpster and storm water management area. The proposed hardware store is positioned 50- feet from Morris Neck Road and 10-feet from the side and rear property lines. The proposed storage building is positioned 78-feet from Princess Anne Road, 50-feet from the centerline of Oakum Creek, and 10-feet from the rear property line. The proposed parking is located 10-feet from Princess Anne Road and 15- feet from Morris Neck Road. The submitted elevation depicts two one-story metal buildings, cream in color. The proposed hardware store has a slightly pitched metal roof with projecting eaves. A proposed porch with a shed roof is depicted along the front of the building. A pediment supported by columns on a brick base provides a defined Marvin M. Rollins & Gayle B. Rollins Page 2 of 3 entrance to the building. The proposed storage building has a modified metal mansard roof with projecting eaves. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. As proposed, the scale and location of the hardware supply company and bulk storage is in keeping with the comprehensive planning objectives of limited locally oriented development. The site is in the Creeds area. The design of the buildings is in keeping with surrounding uses. Therefore staff recommends approval of the requests subject to the proffer agreement and the conditions listed below. The Planning Commission placed the items on the consent agenda because the proposed use is appropriate for the rural nature of the site. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve the requests as proffered and with the following conditions: The site shall be developed substantially in accordance with the submitted "Concept Plan for Creeds Hardware and Supply Co.", prepared by Gallup Surveyors and Engineers, LTD., and dated June 14, 2005. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The buildings shall be constructed substantially in accordance with the submitted elevation entitled "Creeds Hardware and Supply Co.,,, prepared by Porterfield Design Center. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. A landscaping plan shall be submitted for review and approval by city staff. The plan shall include a mixture of indigenous evergreen and deciduous trees and shrubs. There shall be no clearing in the 50-foot buffer adjacent to Oakum Creek without the approval of city staff. 4. Proposed fencing for the site shall be reviewed and approved by city staff. 5. A photometric plan shall be submitted for review and approval by city staff. Where lighting fixtures are installed along streets, in parking areas, or on the building for illumination purposes, all fixtures shall be of an appropriate height and design, and angled appropriately as to prevent any direct reflection toward adjacent uses and city streets. Lighting shall be directed and deflected down at the ground, and not out horizontally or up in the air. 6. All storage of materials and equipment shall be within the buildings. ■ Attachments: Staff Review Marvin M. Rollins & Gayle B. Rollins Page 3 of 3 Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department 4-1 City Manager: �' �V&4L MARVIN M. ROLLINS AND GAYLE B. ROLLINS Agenda Items # 3 & 4 November 9, 2005 Public Hearing Staff Planner: Faith Christie REQUESTS: Map K-ZI Marvin M. & Gayle B. Rollins -,.=. AG-2 I AG-1 9 r 0 SAG-2' A RPARC ,. R, a RP. ..RPAd ' A'G-�7 P. Afq B A RP A n ,y 11 T s—nrcx—rta— ARP ARP �o aFp� ARP I ARP ARP A1 0.2 ARP r i' ��L C ��� ARP Aga ARP �� 2 AG -I i r Conditional Coning Changc from AGZ ro B-Z 1) Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District. 2) Conditional Use Permit for a Bulk Storage Facility ADDRESS / DESCRIPTION: Property located at 5689 Morris Neck Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 23089902090000 7 — PRINCESS ANNE 35,260.3 square feet The applicant proposes to rezone the existing Agricultural SUMMARY OF REQUEST property to Conditional B-2 Business District to develop the site with a hardware store. The requested Conditional Use Permit for bulk storage is for storage of items such as lumber and garden supplies as an accessory to the hardware store. The submitted concept plan depicts a one-story 50-feet by 120-feet building to be used as the hardware store, a 15-feet by 100-feet storage building, parking, dumpster and storm water management area. The proposed hardware store is positioned 50-feet from Morris Neck Road and 10-feet from the side and rear property lines. The proposed storage building is positioned 78-feet from Princess Anne Road, 50-feet from the centerline of Oakum Creek, and 10-feet from the rear property line. The proposed parking is located 10-feet from Princess Anne Road and 15-feet from Morris Neck Road. The submitted elevation depicts two one-story metal buildings, cream in color. The proposed hardware store has a slightly pitched metal roof with projecting eaves. A proposed porch with a shed roof is MARVIN M. ROLLINS AND GA depicted along the front of the building. A pediment supported by columns on a brick base provides a defined entrance to the building. The proposed storage building has a modified metal mansard roof with projecting eaves. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A vacant single-family dwelling occupies the site. SURROUNDING LAND North: . Woods and fields / AG-2 Agricultural USE AND ZONING: South: . The intersection of Princess Anne Road and Morris Neck Road, the rural area known as Creeds • Across the intersection is the new Creeds Fire Station, gas pumps, a convenience store, a carwash, and a small self - storage facility / AG-2 Agricultural and Conditional B-2 Business East: • Single-family dwelling and the old Creeds Fire Station / AG-2 Agricultural West: . A vacant antique shop / AG-2 Agricultural NATURAL RESOURCE AND A vacant single-family dwelling occupies the site. The site is within the CULTURAL FEATURES: area encumbered by the Southern Watersheds Management Ordinance. The applicant will need to work with staff regarding the required 50-foot buffer adjacent to Oakum Creek. Additionally the City maps indicate much of the site is within the floodplain. The applicant was made aware of this issue and has received a map amendment from the Federal Emergency Management Agency and the City of Virginia Beach Public Works office. There are no cultural features associated with the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP)• Princess Anne Road in front of this site is a minor suburban arterial roadway. There are currently no Capital Improvement Projects scheduled for this section of Princess Anne Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 3,531 ADT 13,600 ADT Existing Land Use — 10 Road ADT Proposed Land Use 3 - 210 Average Daily Trips s as defined by one single family dwelling s as defined by proposed hardware store WATER and SEWER: The site is served by well and septic systems. Health Department approval is required. SCHOOLS: The proposed development will not affect the school population in the area. The Comprehensive Plan recognizes this site as being within COMPREHENSIVE PLAN the "Rural Area." The Rural Area is defined as agricultural / rural with uses related to farming, forestry, and rural residential, and other rurally compatible uses. "From providing a legacy for a future generation of farmers, to providing habitat for wildlife, keeping taxes low, and maintaining the rural community, the vision for our rural landscape is important." Commercial development in the Rural Area should be locally oriented retail, service, and community uses scaled to be compatible with the character of the rural landscape. As stated in the Comprehensive Plan, Chapter 6, "Commercial retail development should be located in existing defined rural commercial centers, such as Creeds and Blackwater, for supporting the rural community in lieu of strip shopping center development." "The design of a new development is a key component to minimizing impacts to or loss of rural character." New development should recognize the scenic contribution that the rural non-residential nodes can offer and design with this in mind. Proposed development within this area should serve to minimize impacts to the natural environment and work to enhance the rural landscape. Effective site design should include landscape buffers along the road frontage and adequate connectivity to adjacent business uses for effective community interaction. Proposed development should also be designed in a rural architectural style compatible with surrounding development. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with the proffers submitted by the applicant and with the conditions recommended by staff. The proffers and conditions are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. As proposed, the scale and location of the hardware supply company and bulk storage is in keeping with the comprehensive planning objectives of limited locally oriented development. The site is in the Creeds area. The design of the buildings is in keeping with surrounding uses. Therefore staff recommends approval of the requests subject to the proffer agreement and the conditions listed below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "CONEPT PLAN FOR CREEDS HARDWARE & SUPPLY CO., Virginia Beach, Virginia", dated June 14, 2005, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The only freestanding sign shall be the one designated on the Site Plan. PROFFER 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light onto the premises and away form adjoining property. PROFFER 4: When the Property is developed, the only uses permitted shall be Retail Establishments; business studios, offices and clinics. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. The proffers insure the site will be developed in accordance with the submitted concept plan. The proffers also limit the proposed uses of the site. The City Attorney's Office has reviewed the proffer agreement dated July 1, 2005, and found it to be legally sufficient and in acceptable legal form. MARVIN M CONDITIONS 1. The site shall be developed substantially in accordance with the submitted "Concept Plan for Creeds Hardware and Supply Co.", prepared by Gallup Surveyors and Engineers, LTD., and dated June 14, 2005. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The buildings shall be constructed substantially in accordance with the submitted elevation entitled "Creeds Hardware and Supply Co.", prepared by Porterfield Design Center. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. A landscaping plan shall be submitted for review and approval by city staff. The plan shall include a mixture of indigenous evergreen and deciduous trees and shrubs. There shall be no clearing in the 50- foot buffer adjacent to Oakum Creek without the approval of city staff. 4. Proposed fencing for the site shall be reviewed and approved by city staff. 5. A photometric plan shall be submitted for review and approval by city staff. Where lighting fixtures are installed along streets, in parking areas, or on the building for illumination purposes, all fixtures shall be of an appropriate height and design, and angled appropriately as to prevent any direct reflection toward adjacent uses and city streets. Lighting shall be directed and deflected down at the ground, and not out horizontally or up in the air. 6. All storage of materials and equipment shall be within the buildings. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as, they pertain to this site. MARVIN M AERIAL OF SITE MARVIN M. ROLLINS AND LOCATION n iI N k r S MARVIN M. ROLLINS AND GA 1 1WE ar •1 . , 1. 7/11/79 Rezoning (AG-1 Agricultural to B-2 Business) Approved 12/7/99 Conditional Use Permit (Gasoline Sales) Approved 11/13/01 Rezoning (AG-2 Agricultural to B-2 Business) and a Approved Conditional Use Permit (Fuel Expansion and Carwash) 12/10/02 Rezoning (B-2 Business to Conditional B-2 Business), Approved Modification of Conditional Use Permit (Fuel Sales and Carwash), and Conditional Use Permit (Self -storage facility) 2. 5/10/94 Conditional Use Permit (Single-family dwellings) Approved 6/26/01 Conditional Use Permit Recreational Use Approved 3. 3/14/00 Subdivision Variance Approved 4. 10/27/92 Conditional Use Permit Church Denied DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) ,Marvin M. Rollins & Gayle B. Rollins, husband and wife 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) x Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership. firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) D Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Conditional Rezoning Application Page 11 of 12 Revised 9I1l2004 MARVIN M. ROLLINS AND 9 A O V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Surveyors & Engineers, Ltd. Bourdon, Ahern & Levy, P.C. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 22-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions this package. y-r Marvin M. Rollins Gayle B. Rollins AppircattHSicinature Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 9/1/2004 MARVIN M. ROLLINS AND 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Marvin M. Rollins & Gayle B. Rollins, husband and wife 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) x Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Conditional Use Permit Application Page 9 d 10 Revised 9/112004 DISCLOSURE MARVIN M. ROLLINS AND DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. Gallup Surveyors & Engineers, Ltd. ' "Parent -subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Art, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, 1 am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the ins .ons in this package. 77, Marvin M. Rollins Gayle B. Rollins Appl"u;an ignature Print Name Property Owner's Signature (if different than applicant) Print Name Conditwnal Use Permit Application Page 10 of 10 Revi"d 9/1/2004 DISCLOSURE MARVIN M. ROLLINS AND Item #3 & 4 Marvin M. Rollins and Gayle B. Rollins Change of Zoning District Classification Conditional Use Permit 5689 Morris Neck Road District 7 Princess Anne November 9, 2005 CONSENT William Din: My next items are Items #3 & 4. Marvin M. Rollins and Gayle B. Rollins. Item #3 is a Change in Zoning request from AG-2 Agricultural District to Conditional B- 2 Community Business District on property located at 5689 Morris Neck Road, and Item #4 is an application for a Conditional Use Permit for bulk storage on the same property. Both of these properties are located in the Princess Anne District. There are six conditions associated with them. Eddie Bourdon: Thank you. Eddie Bourdon, a Virginia Beach attorney representing the applicant on these two applications. I was remiss on the previous one. I meant to thank Barbara Duke and Karen Lasley for their assistance on the previous one, that being something that staff had recommended. We went through the process previously. On these two applications for Mr. & Mrs. Rollins, I also want to thank Faith Christie. She was very helpful and instrumental in having a plan look as nice as it does today. We appreciate being on the consent agenda and have no objection to the conditions that were placed on these applications. William Din: Thank you Mr. Bourdon. Is there any objection to placing these items on the consent agenda? If not, again Mr. Knight will explain. Barry Knight: The applicant wants to put a one story 50' x 120' building on the property as a hardware store. He wants to put a 15' x 100' storage building on the property. This property is located in the Princess Anne District, as we classify as a rural service area. The Comprehensive Plan says there are certain nodes down there, specifically at certain intersections, that are conducive to limited commercial development. This is what we know down there as downtown Creeds. It certainly has met the historic requirements as being a commercial district down there. There is a fire station down there, a grocery store. Mr. & Mrs. Rollins also have a little gas station/convenience store across the street. There is a need for this down there. There are a lot of people that come from Knotts Island that would save them a trip to Horne Depot. I particularly like the way they have depicted this with the entrance way on there. They're really going to dress it up and even more so than that is the storage area, there going to have storage units, I may say with garage doors. They'll put the supplies in there, and they will get them as they need them. Then they can shut the doors in the evening and weekends. It's not going to be used. It's going to be dressed up and look nice. I think it is something we need down Item #3 & 4 Marvin M. Rollins and Gayle B. Rollins Page 2 there. We can use it down there. The plan looks real nice. We've placed it on consent agenda. William Din: Thank you Barry. I would like to make a motion to approve the following consent agenda items. Items #3 & 4 are Marvin M. Rollins and Gayle D. Rollins. This has six conditions. Dorothy Wood: A motion by Mr. Din and seconded by Mr. Horsley to approve the consent items. AYE 10 ANDERSON CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE NAY 0 ABS 0 ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved Items #3 & 4 for consent. In Reply Refer To Our File No. DF-6278 TO: Leslie L. Lilley, FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: December 7, 2005 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Marvin M. Rollins and Gayle B. Rollins The above -referenced conditional zoning application is scheduled to be heard by the City Council on December 20, 2005. 1 have reviewed the subject proffer agreement, dated July 1, 2005, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen MARVIN M. ROLLINS and GAYLE B. ROLLINS, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 1st day of July, 2005, by and between MARVIN M. ROLLINS and GAYLE B. ROLLINS, husband and wife, Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantors are the owners of a certain parcel of land located in the Princess Anne District of the City of Virginia Beach, containing approximately 35,280 square feet, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; 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 AG-2 Agricultural District to Conditional B-2 Community Business District; and 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 GPIN: 2308-99-0209 PREPARED BY: SMS, $OURDON, t HIRN & I.M. P.C. 1 PREPARED BY: SYKES, DOURDON. MN & LEVY. P.C. WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, 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 resolve 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 with respect to the Property, 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, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo 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 binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPT PLAN FOR CREEDS HARDWARE & SUPPLY CO., Virginia Beach, Virginia", dated June 14, 205, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2 PREPARED BY: MSYKES. BOURDON. ARERN & LEVY. P.C. Plan. 2. The only freestanding sign shall be the one designated on the Site 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 4. When the Property is developed, the only uses permitted shall be Retail Establishments; business studios, offices and clinics. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. 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 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: Q PREPARED BY: MSYKES. BOURDON. ARM & LEVY, P.C. (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 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. :I PREPARED BY: MSY10. ROURDON. AHERN & 11W, K WITNESS the following signatures and seals: GRANTOR: 429Z�&,- ,/�� - � - �.-� (SEAL) Marvin M. Rollins 1W 04714M-.0U,!W_11 �� -� - �� - —W Sol I i • STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this lst day of July, 2005, by Marvin M. Rollins and Gayle B. Rollins, husband and wife, Grantors. My Commission Expires: August 31, 2006 Notary Public 5 PREPARED BY: SYKES, BOURDON, AHERN & LWY. P.C. EXHIBIT "A" All that certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging situate, lying and being in or near Creeds, in the Pungo Borough, in the City of Virginia Beach, Virginia, at the intersection of the road leading from Pungo to Munden with the road leading from Pungo to Creeds Airfield, designated and described on a certain plat thereof, made by W. B. Gallup, Surveyor, February, 1948, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 22, at Page 17, containing .85 of an acre and being more particularly bounded and described as follows: BEGINNING at a pin in the North side of the public road to Pungo, which pin is the corner of the property hereby conveyed and the land of Nosay; thence North 41 degrees 30 minutes East 161 feet to a station in a lead ditch; thence South 79 degrees 48 minutes East 153.6 feet to a pipe; thence South 12 degrees 20 minutes West 182.8 feet to a pin on the North side of the road to Creeds Airfield; thence North 80 degrees 10 minutes West 150 feet along the North side of the road to Creeds Airfield to a pin; thence North 50 degrees West 92.7 feet along the North side of the road to Pungo to a pin; the point of beginning. GPIN: 2308-99-0209 CONDITIONALREZONE/ ROLLINS / CREEDSHARDWARE/ PROFFER 0 L. RESOLUTIONS/ORDINANCES 1. Resolution re a revised Investment Policy for City funds re the City Treasurer's compliance with Virginia Code and current investment practices. 2. Resolution to ESTABLISH the City Manager's advisory Shore Drive Safety Task Force re enhancing pedestrian and vehicular traffic safety. 3. Ordinance to APPROPRIATE $6,792,998 in FY 2004-2005 Virginia Beach School Reversion Funds to the FY 2005-06 Schools Operating Budget and FY 2005-06 Capital Improvement Program: a. Instructional Category $1,500,000 re SOL Incentive Funds b. School Reserve Special Revenue Fund $1,448,021 C. Student Data Management System $1,008,832 re K-12 grade book and data analysis d. Equipment and Vehicle Replacement $ 300,000 re copiers and risographs e. Middle and High School language labs $ 700,000 f. Windsor Woods Elementary School replacement $1,836,145 4. Ordinance to ACCEPT and APPROPRIATE $100,000 from the Department of Justice to the FY 2005-06 Operating Budget of the Commonwealth's Attorney re prosecution of unlawful possession and use of weapon cases. u 4 .p 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting a Revised Policy for the Investment of City Funds MEETING DATE: December 20, 2005 ■ Background: On May 28, 1996, City Council adopted a policy for the investment of City funds. Since that time, the Virginia Code has been modified. The investment policy needs to be amended to bring the investment policy in line with the Virginia Code and current investment practices. ■ Considerations: The revisions to the policy reflect changes in state law and align the policy with current investment practices. ■ Public Information: Public information will be handled through the normal council agenda process. The City Treasurer's Office has made the investment policy available in an electronic version, thereby allowing it to be more easily dispersed to the necessary parties, including those brokers and dealers with whom the City conducts business. ■ Recommendations: Adopt the attached resolution approving a revised policy for the investment of City funds. ■ Attachments: Resolution Investment Policy Recommended Action: Approval Submitting Department/Agency: City Treasurer's Office City Manage • k—. %,O� 1 A RESOLUTION ADOPTING A REVISED 2 POLICY FOR THE INVESTMENT OF CITY 3 FUNDS 4 WHEREAS, the City Council adopted a policy for the 5 investment of City funds on May 28, 1996; and 6 WHEREAS, the purpose of the policy is to provide for the 7 prudent investment of City funds; and 8 WHEREAS, the City Treasurer, as custodian of City funds 9 pursuant to section 8.03 of the City Charter, is responsible for 10 the investment of City funds; and 11 WHEREAS, it is important that the City funds be invested in 12 accordance with the Code of Virginia and prudent fiduciary 13 standards; and 14 WHEREAS, the City Treasurer has recommended the adoption of 15 the attached revised Investment Policy. 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 That the attached City of Virginia Beach Investment Policy 19 is hereby adopted, and the Treasurer is hereby directed to use 20 the attached Investment Policy for the investment of the City's 21 funds. 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia on the day of December, 2005. A,JROVED AS TO CONTENT: APPROVED AS TO LEGAL .. SUFFICIENCY: A�4 0�4 2�M= - uaj,2�u, 2L ty reasurer City Attorney's fice CA9826 H:\PA\GG\OrdRes\Investment Policy Res R-3 December 2, 2005 CITY OF VIRGINIA BEACH, VIRGINIA INVESTMENT POLICY PREAMBLE The City Council, elected officials, appointed officers, and employees of the City of Virginia Beach recognize their financial stewardship responsibilities to the citizens of Virginia Beach. A critical area of this financial stewardship is the investment of the city's cash balances, for with the City Treasurer bears primary responsibility. Recognizing the advantages of a safe and effective investment program for the city's funds, the City Council and City Treasurer jointly acknowledge the need for and hereafter accept this investment policy as it may be amended from time to time. City of Virginia Beach, Virginia Investment Policy (Revised 11/23/05) CITY OF VIRGINIA BEACH, VIRGINIA INVESTMENT POLICY TABLE OF CONTENTS Page I. Purpose------------------------------- 3 II. Scope --------------------- ----------------------------------------------------------------------------------------------------- 3 III. Objective--------------------------------------------------------------------------------------- 3 1. Safety 3 A. Credit Risk_ B. Interest Rate Risk.. 4 2. Liquidity------------------- 4 3. Yield 4 IV. Standards of Care.. 4 1. Prudence 2. Ethics and Conflicts of Interest 5 3. Delegation of Authority 5 V. Safekeeping, Custody, and Program Integrity ------------------------------------- --------------------•--------- 5 1. Authorized Financial Dealers and Institutions 5 2. Internal Controls----------•--•------- 3. Delivery vs. Payment (DVP) _ --------------------------------------------------------------------------------- 6 4. Independent Review-------------------------------------------------------------------------------------------------- 6 VI. Suitable and Authorized Investments 1. Investment Types.------------------------------- ----------- --------------------------------------- 7 2. Collateralization 7 3. Repurchase Agreements. 7 VII. Investment Parameters.__________________ 1. Diversification.. 7 2. Maximum Maturities-------------- ------------------------------------------------------------ 8 3. Competitive Bids---------------------------- ------------------- 8 VIII. Reporting------------------------------------------------------------------------------------- 8 1. Methods 2. Performance Standards 8 3. Mark to Market.-------------------------------------------------------------------------------•- --------------------- 9 IX. Policy 9 1. Exemption 9 2. Amendments 9 X. GFOA Recommended Practices,. 9 XI. Glossary of Terms ___________________ Appendices: A. Virginia Security for Public Deposits Act 15 B. Broker/Dealer Questionnaire and Certification-.•____--____ 20 C. Investment Guidelines for Bankers' Acceptances .......................................................... D. Investment Guidelines for Commercial Paper ______________ _____________________________ 25 _ --- E. Government Finance Officers' Association Recommended Practices Pertaining to Cash Management and Investing Activities ........................ -------------------------------- 27 F. Various Code of Virginia Provisions Pertaining to Investment of Local Government Funds------------------------------- ------- ---- --------------------------------------------------------------------- 49 2 I. PURPOSE The purpose of this policy is to provide a guide for the actions of individuals responsible for the investment of city funds. In general, it is the policy of the city that its funds be invested in a manner which will provide the highest investment returns only after the goals of maximum security/safety, meeting daily cash flow demands, and conformance with all state and local statutes governing the investment of public funds have been met. In pursuing this objective, individuals investing city funds are to be guided by the "prudent person rule." The prudent person rule provides that, 'Investments shall be made with judgment and care —under circumstances then prevailing —which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of capital as well as the probable income to be derived.' II. SCOPE This investment policy applies to the investment activities of all cash financial assets of the government of the City of Virginia Beach, except for assets of the employee retirement system, the employee deferred compensation plan, funds separately invested in accordance with bond resolutions for indentures (e.g., debt service funds, irrevocable escrow funds established by a refunding bond issue, etc.), and funds required to be separately invested in accordance with an escrow agreement, trust agreement, or other legally adopted contractual arrangement. Funds subject to this policy are accounted for in the city's Comprehensive Annual Financial Report and include: • General Fund • Special Revenue Funds • Capital Project Funds • Enterprise/Proprietary Funds • Trust and Agency Funds • Any other fund created, unless specifically exempted by this policy or by separate action of the City Council. Except as may be specifically noted herein, this investment policy applies to all transactions involving the financial assets and related activities of all the foregoing funds. Except for cash in certain restricted and special funds, the City of Virginia Beach will consolidate cash and reserve balances from all funds to maximize investment earnings and to increase efficiencies with regard to investment pricing, safekeeping and administration. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. III. OBJECTIVE The primary objectives, in priority order, of the city's investment activities shall be: 1. Safety Safety of principal is the foremost objective of the city's investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The goal is to mitigate credit risk and interest rate risk. A. Credit Risk Credit risk is the risk of loss due to the financial failure of the security issuer or backer. Credit risk may be mitigated by: • Limiting investments to the safest types of securities; • Pre -qualifying the financial institutions, brokers/dealers, intermediaries, and advisors with which the city will do business; and • Diversifying the investment portfolio so that potential losses on individual securities will be minimized. B. Interest Rate Risk Interest rate risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Interest rate risk may be mitigated by: • Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; and • By investing operating funds primarily in shorter -term securities. 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). Alternatively, a portion of the portfolio may be placed in money market mutual funds provided that the funds are registered under the Securities Act of the Commonwealth or the Federal Investment Co. Act of 1940, and that the investments by such funds are restricted to investments otherwise permitted by law for political subdivisions as set forth in the Investment of Public Funds Act, or investments in other such funds whose portfolios are so registered, or local government investment pools which offer same -day liquidity for short-term funds. 3. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments is to be limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity, with the following exceptions: • A declining credit security could be sold early to minimize loss of principal; • A security swap which would improve the quality, yield, or target duration in the portfolio; or • Liquidity needs of the portfolio require that an appropriately selected security be sold. IV. STANDARDS OF CARE 1. Prudence The standard of prudence to be used by the city's investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for a specific security's credit risk or market price changes, provided negative deviations from expectations are reported in a timely fashion and the liquidation or sale of such securities is carried out in accordance with the terms of this policy. As stated previously, the prudent person standard provides that, `Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of capital as well as the probable income to be derived.' 2. Ethics and Conflicts of Interest Officers and employees, including those involved in the City's investment process, are governed by the State and Local Government Conflict of Interests Act. Specifically, Code of Virginia §2.2- 3103 (5) and (6) of the Act provide that no officer or employee shall: (a) accept any money, loan, gift, favor, service, or business or professional opportunity that reasonably tends to influence him in the performance of his official duties; or (b) accept any business or professional opportunity when he knows that there is a reasonable likelihood that the opportunity is being afforded him to influence him in the performance of his official duties. To ensure that personal investment or business transactions do no violate these provisions or any other provision of the State and Local Government Conflict of Interests Act, officers and employees must (1) familiarize themselves with this Act and (2) carefully scrutinize how their personal interest may affect or be affected by the transactions that are part of the City's investment process. 3. Delegation of Authority The City Treasurer, who is the custodian of the City's monies pursuant to §8.03 of the Charter of the City of Virginia Beach, shall have responsibility for the operation of the investment program The City Treasurer shall follow established written procedures and maintain internal controls for the operation of the investment program in a manner consistent with this investment policy. Procedures should include references to: safekeeping, delivery vs. payment, investment accounting, repurchase agreements, wire transfer agreements, collateral/depository agreements, and banking service contracts. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the City Treasurer. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. V. SAFEKEEPING, CUSTODY, AND PROGRAM INTEGRITY 1. Authorized Financial Institutions and Dealers The City Treasurer will maintain a list of financial institutions and dealers authorized to provide investment services. Financial institutions shall be "qualified public depositories" in accordance with provisions of the Virginia Security For Public Deposits Act (Code of Virginia §2.2-4400), as amended (copy attached as Appendix A), and must be designated a city depository in accordance with § 2-226 of the City Code. In addition, the City Treasurer will also maintain a list of approved security broker/dealers selected by creditworthiness (minimum capital requirement $10,000,000 and at least five years of operation). These may include "primary" dealers or regional dealers that qualify under the Securities and Exchange Commission Rule 15C3-1 (uniform net capital rule). All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the following as appropriate: • Audited financial statements • Proof of National Association of Securities Dealers (NASD) certification • Proof of State registration • Completed City of Virginia Beach Broker/Dealer Questionnaire (not applicable to Certificate of Deposit counterparties) • Certification of having read, understood, and agreed to comply with the City of Virginia Beach's investment policy. • Evidence of adequate insurance coverage. An annual review of the financial condition and registration of qualified bidders will be conducted by the City Treasurer. Internal Controls The City Treasurer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the city are protected from loss, theft, or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (a) the cost of a control should not exceed the benefits likely to be derived; and (b) the valuation of costs and benefits requires estimates and judgments by management. The internal controls shall include, but are not limited to the following: A. Control of collusion. B. Separation of reconciliation from accounting/record keeping. C. Custodial safekeeping. D. Avoidance of physical possession and/or delivery of securities. E. Clear delegation of authority to subordinate staff. F. Written confirmation of telephone transactions for investments. G. Maintenance of current contracts/agreements with the lead bank and third -party custodian. 3. Delivery vs. Payment All security transactions, including collateral for repurchase agreements, will be executed by delivery vs. payment (DVP). This ensures that securities are deposited in the appropriate safekeeping institution prior to the release of funds. Securities will be held by a third -party custodian as evidenced by safekeeping receipts with a written custodial agreement. The safekeeping institution shall annually provide a copy of their most recent report on internal controls (Statement of Auditing Standards No. 70, or SAS 70). 4. Independent Review To help maintain the integrity of the investment program, the City Treasurer shall establish a process for annual independent review by an external auditor to assure compliance with this policy. VI. SUITABLE AND AUTHORIZED INVESTMENTS 1. Investment Types Consistent with the Government Finance Officers' Association (GFOA) Recommended Practice on State Statutes Concerning Investment Practices, and as defined by state law where applicable, the following investments will be permitted by this policy: • U.S. Government obligations, U.S. Government agency obligations, and U.S. Government instrumentality obligations, in accordance with §2.24501 of the Code of Virginia • Repurchase agreements, in accordance with §2.2-4507 of the Code of Virginia • Certificates of deposit, in accordance with §2.2-4509 of the Code of Virginia • Savings and loan association deposits, in accordance with §2.2-4500 of the Code of Virginia • Prime bankers' acceptances, in accordance with §2.24504 of the Code of Virginia and Appendix C (Investment Guidelines for Bankers' Acceptances) of this policy • Prime commercial paper, in accordance with §2.2-4502 of the Code of Virginia except as further restricted by Appendix D (Investment Guidelines for Commercial Paper) of this policy • Investment -grade obligations of state and local governments and public authorities, in accordance with §2.24501 of the Code of Virginia • Money market mutual funds whose portfolios consist only of domestic securities, regulated by the Securities and Exchange Commission and as provided for in §2.2- 4508 of the Code of Virginia • Virginia Local Government Investment Pool as provided for in §2.2-4600 et seq. of the Code of Virginia Consistent with the Government Finance Officers' Association (GFOA) Recommended Practice on the Use of Derivatives by State and Local Governments, extreme caution should be exercised in the use of derivative instruments. The City Treasurer should carefully consider the factors outlined in the GFOA recommended practice when contemplating any derivative -type investment. (See GFOA Recommended Practices, Appendix E). 2. Collateralization In accordance with Virginia law (Virginia Security for Public Deposits Act, §2.2-4400 et seq. of the Code of Virginia) and the GFOA Recommended Practice on the Collateralization of Public Deposits, collateralization is required on all demand deposit accounts, including checking accounts and non-negotiable certificates of deposit, and repurchase agreements. The Virginia Security for Deposits Act adopted the concept of mutuality of responsibility, involving a cross guarantee among all banks holding public deposits. In the event of default by one financial institution, an assessment levied against all participating institutions will cover all uncollateralized public deposits. Collateral may be held by an independent third party with whom the City of Virginia Beach has a current written custodial agreement. (See GFOA Recommended Practices, Appendix E) 3. Repurchase Agreements Use and collateralization of repurchase agreements should be consistent with GFOA Recommended Practices on Repurchase Agreements. (See GFOA Recommended Practices, Appendix E) VII. INVESTMENT PARAMETERS 1. Diversification Investments are to be diversified in accordance with the provisions of this policy by: 7 limiting investments to avoid over -concentration in securities from a specific issuer or business sector (excluding U.S. Treasury securities), investing in securities with varying maturities, and continuously investing a portion of the portfolio in readily available funds such as local government investment pools (LGIPs), money market funds or overnight repurchase agreements to ensure that appropriate liquidity is maintained in order to meet ongoing obligations. (See the GFOA Recommended Practice on "Diversification of Investments in a Portfolio" in Appendix E. 2. Maximum Maturities Generally, the City Treasurer shall limit maximum final stated maturities of investments covered by this policy to five years. To the extent possible, the Treasurer will attempt to match investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the Treasurer will not directly invest in securities maturing more than five (5) years from the date of purchase. The Treasurer shall determine the appropriate average weighted maturity of the portfolio consistent with the investment objectives. Reverse and escrow funds may be invested in securities exceeding five (5) years to maturity if the maturities of such investments are made to coincide as nearly as practicable with the expected use of funds. The investment of these types of funds shall be disclosed to the City Council including the disclosure of appropriate time restrictions, if applicable. 3. Competitive Bids The City Treasurer shall request competitive bids from at least (3) brokers or financial institutions for purchases of investments, except in circumstances when the Treasurer, or his designee, deem it necessary to do otherwise in order to meet certain investment goals, or when market conditions or circumstances dictate otherwise. Competitive bids are not required for funds invested in the state's investment pool. VIII. REPORTING 1. Methods The City Treasurer shall prepare an investment report at least quarterly, including a succinct management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the last quarter. This management summary will be prepared in a manner which will indicate whether investment activities during the reporting period have conformed to the investment policy. The report shall be provided to the Finance Department. The reports will be provided to the City Manager and City Council upon request. The City Council may require additional information or clarification from the City Treasurer either orally or in writing. The report will include the following: • A listing of the amount and type of individual securities held at the end of the reporting period. • Unrealized gains or losses resulting from market price appreciation or depreciation by listing the cost and market value of those securities over one-year duration that are not intended to be held until maturity (available at fiscal year end). • Average weighted yield to maturity of the investment portfolio. • Listing of investment by maturity date. • The percentage of the total portfolio which each type of investment represents. 2. Performance Standards The investment portfolio will be managed in accordance with the parameters specified within this policy. The portfolio should obtain a market average rate of return during a market/economic environment of stable interest rates. Portfolio performance should be compared to appropriate benchmarks on a regular basis and at least annually in one of the quarterly reports due to City Council. 3. Mark -to Market A statement of the market value (obtained from a reputable and independent source) of the portfolio shall be prepared and reported to the Finance Department at least quarterly. This statement will be provided to the City Manager and the City Council upon request. This statement should include the market value, book value, and unrealized gain or loss on each investment in the portfolio. This will ensure that the minimal amount of review has been performed on the investment portfolio in terms of value and subsequent price volatility. Review should be consistent with the GFOA Recommended Practice on Mark -to Market Practices for State and Local Government Investment Portfolios and Investment Pools. (See GFOA Recommended Practices, Appendix E) IX. POLICY 1. Exemption Any investment held at the time of adoption of this policy that does not meet the guidelines and requirements of this policy shall be exempted from such guidelines and requirements. At maturity or liquidation, such monies shall be reinvested only as provided by this policy. 2. Amendments This policy shall be reviewed by the City Treasurer on an annual basis or more frequently as necessary. Any changes must be approved by the City Council. X. GFOA RECOMMENDED PRACTICES The Government Finance Officers' Association (GFOA) develops and approves policy statements and recommended practices pertaining to cash management and investment activities (see Appendix E). These policy statements and recommended practices are intended to serve as guidelines for state and local governments and other public bodies in the safe investment of public funds. To the extent that GFOA's policy statements and recommended practices, as they may be amended and/or adopted from time to time, do not conflict with applicable law, the provisions of this investment policy, or the safe, orderly, and efficient investment of the city's funds, the City Treasurer shall incorporate them into the city's investment program- 9 X1. GLOSSERY OF TERMS AGENCIES: Federal agency securities ARBITRAGE: A technique employed to take advantage of price differences in separate markets. This may be accomplished by purchasing a security in one market and immediately selling in another market at a better price. As used in the context of investing public funds, arbitrage means borrowing at low tax- exempt rates and investing in taxable instruments at higher rates. The arbitrage rebate provisions of the 1986 tax reform act govern this type of activity. ASKED: The price at which securities are offered. BANKERS' ACCEPTANCES (BAs): Negotiable time drafts drawn on commercial banks to finance the import, export, shipment and storage of goods. Bankers' acceptances are backed by the credit of the bank, which assumes primary liability. The acceptance is further collateralized by the goods in shipment or storage. BASIS POINT: One -one hundredth of one percent. For example, one quarter of one percent would be expressed as "twenty-five basis points." BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer. BOND: A written, interest bearing certificate of debt with a promise to pay on a specific date. BROKER: A broker brings buyers and sellers together for a commission. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large denomination CDs are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER: Business promissory notes, with a stated date of payment, which are usually sold at a discount and are backed by the general credit of the company. The credit of commercial paper may be enhanced by letters of credit from one or more banks. Commercial paper is generally for terms of less than 270 days; longer corporate obligations are referred to as notes or bonds and are subject to a greater degree of regulation. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the City of Virginia Beach. It includes combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. COMPENSATING BALANCE: A minimum level of deposits maintained in one or more non -interest bearing accounts at a bank to defray the costs of the banking services. COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the general credit of the issuer. 10 DELIVERY VERSUS PAYMENT (DVP): There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment, or DVP, is delivery of securities coincident with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. Delivering securities DVP means that funds are not released by the trustee until the security is delivered either in physical form or through DTC. DERIVATIVE: A financial instrument created from or whose value depends on (is derived from) the value of one or more underlying assets or indexes of asset values. The term "derivative products" refers to instruments or features such as collateralized mortgage obligations (CMOs), interest -only (IOs) and principal only (POs), forwards, futures, currency and interest rate swaps, options, floaters/inverse floaters, and caps/floors/collars. DISCOUNT: The amount or percentage at which a security sells below par value. For example, if a bond with a $1,000 par value sells for $900, the discount is $100 or 10%. DISCOUNT SECURITIES: Non -interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value; e.g., U.S. Treasury Bills. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. Diversification is a means of reducing risk in an investment portfolio. D.K.: "Don't know." If the delivery of a security fails because the trustee was not informed to take delivery or because the security is delivered for a different amount than agreed upon, the trade is "DK'ed," meaning refused. D.T.C.: The Depository Trust Company (DTC) of New York acts as the repository for all securities which are electronic, as opposed to physical delivery. These include all U.S. Treasury and agency issues and certain issues of commercial paper. FEDERAL CREDIT AGENCIES: Agencies of the Federal Government set up to supply credit to various classes of institutions and individuals; e.g., S&Ls, small business firms, students, farmers, farm cooperatives, and exporters. FEDREAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open -market operations. FEDERAL HOME LOAN BANKS (FHLB): The institutions that regulate and lend to savings and loan associations. The Federal Home Loan Banks play a role analogous to that played by the Federal Reserve Banks vis-a-vis member commercial banks. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA, was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder -owned corporation. The corporation's purchases include a variety of adjustable mortgagees and second loans, in addition to fixed-rate mortgages. FNMA's securities are highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The 11 Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks, and about 5,700 commercial banks that are members of the system. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA OR GINIIEE MAE): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, or FMHM mortgages. The term "passthroughs" is often used to describe Ginnie Maes. JUMBO CD: A certificate of deposit of at least one hundred thousand dollars. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size transactions can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase —reverse repurchase agreements that establishes each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer -lender to liquidate the underlying securities in the event of default by the seller -borrower. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers' acceptances, etc.) are issued and traded. MUNICIPAL OBLIGATION: A security issued by a state or local government, public authority, or similar entity. These obligations are generally exempt from federal income tax. Taxable municipal obligations are issued by localities or authorities for non-public purpose projects. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid. OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the banking system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are an important and flexible Federal Reserve monetary policy tool. PAR VALUE: The value of a security as expressed on its face without consideration of any premium, discount, or accrued interest. Par value is also known as "face amount" or "face value." PREMIUM: The amount by which the price paid for a security exceeds the par value. PORTFOLIO: Collection of securities held by an investor. 12 PRIMARY DEALERS: Government securities dealers which submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to the Fed's informal oversight. Primary dealers include Securities and Exchange Commission (SEC) — registered securities broker -dealers, banks, and a few unregulated firms. PRINCIPAL: The amount paid for a security exclusive of accrued interest. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. REPURCHASE AGREEMENT (REPO): In a repo, a holder of securities sells the securities to an investor with an agreement to repurchase them at a fixed price on a certain date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use repos extensively to finance their positions. REVERSE REPO: In a reverse repo, an investor owns securities, such as a Treasury note, U.S. government agency bond or other security, that a bank or dealer purchases under an agreement to sell back to the investor on a specified date, at an agreed -upon interest rate. A reverse repo is the opposite or complement to a repurchase agreement transaction — i.e., every repo involves a reverse repo by the other party to the transaction. SAFEKEEPING: A service to customers rendered by third party banks for a fee whereby securities and collateral of all types and descriptions are held by the bank for protection. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following their initial sale and distribution. SECURITIES & EXCHANGE COMMSION (SEC): Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15C3-1: See Uniform Net Capital Rule. TIME DEPOSIT: A bank deposit drawing interest at intervals and having a restrictive level of withdrawals; e.g., a savings account. TREASURY BILLS: A discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than 10 years. TREASURY NOTES: A medium -term interest bearing security issued by the U.S. Treasury to finance the national debt. TREASURY OBLIGATIONS: Securities representing obligations backed by the full faith and credit of the United States. Treasury bills are short-term obligations (3 months to 1 year), treasury notes are medium -term obligations (1 to 10 years), and treasury bonds are long-term obligations (10 to 30 years). UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as non-member broker -dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm including margin loans and commitments to purchase securities, one reason new public debt issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. U.S. AGENCY SECURITIES: Obligations issued by agencies established by the United States government. These obligations are regarded as being almost as risk free as direct treasury issues because 13 the federal government supervises and regulates the issuers and is regarded as having a moral obligation to ensure repayment. YIELD: The rate of annual income return on an investment, expressed as a percentage. ZERO BALANCE ACCOUNT: A demand deposit account in which no cash balance is maintained overnight. As checks drawn on the account are presented, the funds necessary to pay them are transferred from a master account at the same bank. Zero balance accounts are used to control float or provide account separation for specialized purposes. 14 APPENDIX A Virginia Security For Public Deposits Act 15 § 2.24400. Short title; declaration of intent; applicability. A. This chapter may be cited as the "Virginia Security for Public Deposits Act." B. The General Assembly intends by this chapter to establish a single body of law applicable to the pledge of security as collateral for public funds on deposit in financial institutions so that the procedure for securing public deposits may be uniform throughout the Commonwealth. C. All public deposits in qualified public depositories that are required to be secured by other provisions of law or by a public depositor shall be secured pursuant to this chapter. D. This chapter, however, shall not apply to deposits made by the State Treasurer in out-of-state financial institutions related to master custody and tri-party repurchase agreements, provided (i) such deposits do not exceed ten percent of average monthly investment balances and (ii) the out-of-state financial institutions used for this purpose have a short-term deposit rating of not less than A-1 by Standard & Poor's Rating Service or P-1 by Moody's Investors Service, Inc., respectively. (1973, c. 172, §§ 2.1-359, 2.1-361; 1984, c. 135; 2000, cc. 335, 352; 2001, c. 844.) § 2.24401. Definitions. As used in this chapter, unless the context requires a different meaning: "Public deposit" means moneys of the Commonwealth or of any county, city, town or other political subdivision thereof, including moneys of any commission, institution, committee, board or officer of the foregoing and any state, circuit, county or municipal court, which moneys are deposited in any qualified public depository in any of the following types of accounts: nonnegotiable or registered time deposits, demand deposits, savings deposits, and any other transaction accounts, and security for such deposit is required by other provisions of law, or is required due to an election of the public depositor. "Qualified public depository" means any national banking association, federal savings and loan association or federal savings bank located in Virginia and any bank, trust company or savings institution organized under Virginia law that receives or holds public deposits that are secured pursuant to this chapter. "Default or insolvency" includes, but shall not be limited to, the failure or refusal of any qualified public depository to return any public deposit upon demand or at maturity and the issuance of an order of supervisory authority restraining such depository from making payments of deposit liabilities or the appointment of a receiver for such depository. "Treasury Board" means the Treasury Board of the Commonwealth created by § 2.2-2415. "Eligible collateral" means securities of the character authorized as legal investments under the laws of the Commonwealth for public sinking funds or other public funds and securities acceptable under United States Treasury Department regulations as collateral for the security of treasury tax and loan accounts. "Required collateral" of a qualified public depository means, (i) in the case of a bank, a sum equal to fifty percent of the actual public deposits held at the close of business on the last banking day in the month immediately preceding the date of any computation of such balance, or the average balance of all public deposits for such preceding month, whichever is greater, and (ii) in the case of a savings and loan association or savings bank, a sum equal to 100 percent of the average daily balance for the month immediately preceding the date of any computation of such balance of all public deposits held by such depository but shall not be less than 100 percent of the public deposits held by such depository at the close of business on the last banking day in such preceding month. "Treasurer" and "public depositor" means the State Treasurer, a county, city, or town treasurer or director of finance or similar officer and the custodian of any other public deposits secured pursuant to this chapter. (1973, c. 172, § 2.1-360; 1984, c. 135; 1987, c. 718; 1996, c. 77; 1998, cc. 20, 21; 2001, c. 844.) § 2.24402. Collateral for public deposits. Every qualified public depository shall deposit with the State Treasurer, or, with the approval of the Treasury Board, with the Federal Reserve Bank of Richmond or any other bank or trust company located within or without the Commonwealth, eligible collateral equal to or in excess of the required collateral of such depository to be held subject to the order of the Treasury Board. Eligible collateral shall be valued as determined by the Treasury Board. Substitutions and withdrawals of eligible collateral may be made from time to time under regulations issued by the Treasury Board. 16 Each qualified public depository shall, at the time of the deposit of eligible collateral, deliver to the State Treasurer a power of attorney authorizing him to transfer any registered securities deposited, or any part thereof, for the purpose of paying any of the liabilities provided for in this chapter. Notwithstanding any other provisions of law, no depository shall be required to give bond or pledge securities in the manner herein provided for the purpose of securing deposits received or held in the trust department of the depository and that are secured as required by § 6.1-21 or that are secured pursuant to Title 12, § 92a of the United States Code by securities of the classes prescribed by § 6.1-21. No qualified public depository shall accept or retain any public deposit that is required to be secured unless it has deposited eligible collateral equal to its required collateral with some proper depository pursuant to this chapter. (1973, c. 172, § 2.1-362; 2001, c. 844.) § 2.24403. Procedure for payment of losses where depository is bank. When the Treasury Board is advised by any treasurer or otherwise determines that a default or insolvency has occurred with regard to a qualified public depository that is a bank, it shall as promptly as practicable make payment to the proper treasurer of all funds subject to such default or insolvency, pursuant to the following procedures: 1. The Treasury Board and the treasurer shall ascertain the amount of public funds on deposit with the qualified public depository in default or insolvent that are secured pursuant to this chapter, either with the cooperation of the Commissioner of Financial Institutions or receiver appointed for such depository or by any other means available, and the amount of deposit insurance applicable to such deposits. 2. The amount of such public deposits ascertained as provided in subdivision 1, net of applicable deposit insurance, shall be assessed by the Treasury Board first against the depository in default or insolvent to the extent of the full realizable current market value of the collateral deposited by it to secure its public deposits, and second, to the extent that such collateral is insufficient to satisfy the liability of the depository upon its deposits secured pursuant to this chapter against each of the other qualified public depositories according to the ratio that the average daily balance for each month of the secured public deposits held by the depository during the twelve calendar months immediately preceding the date of the default or insolvency with respect to which the assessment is made bears to the total average daily balance for each month of all secured public deposits held by all qualified public depositories that are banks, other than the defaulting depository, during those twelve calendar months. 3. Assessments made by the Treasury Board shall be payable on the second business day following demand, and in case of the failure of any qualified public depository to pay such assessment when due, the State Treasurer shall promptly take possession of the eligible collateral deposited with him or with the Federal Reserve Bank of Richmond or other bank or trust company pursuant to this chapter and liquidate the same to the extent necessary to pay such assessment and turn over such amounts received to the Treasury Board. 4. Upon receipt of such assessment, payments or the proceeds of the eligible collateral liquidated to pay such assessments from the State Treasurer, the Treasury Board shall reimburse the public depositors to the extent of the depository's deposit liability to them, net of any applicable deposit insurance. (1973, c. 172, § 2.1-363; 1978, c. 14; 1984, c. 135; 2001, c. 844.) § 2.24404. Procedure for payment of losses where depository is savings bank or savings and loan association. When the Treasury Board is advised by any treasurer or otherwise determines that a default or insolvency has occurred with regard to a qualified public depository that is a savings bank or a savings and loan association, it shall as promptly as practicable make payment to the proper treasurer of all funds subject to such default or insolvency, pursuant to the following procedures: 1. The Treasury Board and the treasurer shall ascertain the amount of public funds on deposit with the qualified public depository in default or insolvent that are secured pursuant to this chapter, either with the cooperation of the Commissioner of Financial Institutions or receiver appointed for such depository or by any other means available, and the amount of deposit insurance applicable to such deposits. 2. The amount of such public deposits ascertained as provided in subdivision 1 net of applicable deposit insurance, shall be assessed by the Treasury Board against the depository in default or insolvent. The State 17 Treasurer shall promptly take possession of such of the eligible collateral deposited by such depository with him, or with any other depository pursuant to this chapter, as is necessary to satisfy the assessment of the Treasury Board and shall liquidate the same and turn over the proceeds thereof to the Treasury Board. 3. Upon receipt from the State Treasurer of the payments or proceeds of the eligible collateral liquidated to pay such assessments from the State Treasurer, the Treasury Board shall reimburse the public depositors to the extent of the depository's deposit liability to them, net of any applicable deposit insurance. (1984, c. 135, § 2.1-363.1; 2001, c. 844.) § 2.24405. Powers of Treasury Board relating to the administration of this chapter. The Treasury Board shall have power to: 1. Make and enforce regulations necessary and proper to the full and complete performance of its functions under this chapter; 2. Prescribe regulations fixing terms and conditions consistent with this chapter under which public deposits may be received and held; 3. Require such additional collateral, in excess of the required collateral of any qualified public depository, of any and all such depositories as it may determine prudent under the circumstances; 4. Determine what securities shall be acceptable as eligible collateral, and to fix the percentage of face value or market value of such securities that can be used to secure public deposits; 5. Require any qualified public depository to famish such information concerning its public deposits; and 6. Determine when a default or insolvency has occurred and to take such action as it may deem advisable for the protection, collection, compromise or settlement of any claim arising in case of default or insolvency. (1973, c. 172, § 2.1-364; 2001, c. 844.) § 2.2-4406. Subrogation of Treasury Board to depositor's rights; payment of sums received from distribution of assets. Upon payment in full to any public depositor, the Treasury Board shall be subrogated to all of such depositor's rights, title and interest against the depository in default or insolvent and shall share in any distribution of its assets ratably with other depositors. Any sums received from any such distribution shall be paid to the other qualified public depositories against which assessments were made, in proportion to such assessments, net of any proper expense of the Treasury Board in enforcing any such claim (1973, c. 172, § 2.1-365; 2001, c. 844.) § 2.24407. Deposit of public funds in qualified public depository mandatory. No public deposit that is required to be secured pursuant to this chapter shall be made except in a qualified public depository. (1973, c. 172, § 2.1-366; 2001, c. 844.) § 2.24408. Authority to deposit public funds. A. All treasurers and public depositors are hereby authorized to deposit funds under their control in qualified public depositories securing public deposits pursuant to this chapter. B. Local officials handling public funds in the Commonwealth may not require from a depository institution any pledge of collateral for their deposits in such institution which is in excess of the requirements of this chapter. (1973, c. 172, § 2.1-367; 1980, c. 538, § 2.1-234.5; 1998, cc. 20, 21; 2001, c. 844.) § 2.2-4409. Authority to secure public deposits; acceptance of liabilities and duties by public depositories. All institutions located in the Commonwealth that are permitted to hold and receive public deposits are hereby authorized to secure such deposits in accordance with this chapter. 18 Any institution accepting a public deposit that is required to be secured pursuant to this chapter shall be deemed to have accepted the liabilities and duties imposed upon it pursuant to this chapter with respect to the deposit. (1973, c. 172, § 2.1-368; 2001, c. 844.) § 2.24410. Liability of treasurers or public depositors. When deposits are made in accordance with this chapter no treasurer or public depositor shall be liable for any loss thereof resulting from the failure or default of any depository in the absence of negligence, malfeasance, misfeasance, or nonfeasance on his part or on the part of his assistants or employees. (1973, c. 172, § 2.1-370; 2001, c. 844.) § 2.24411. Reports of public depositories. Within ten days after the end of each calendar month or when requested by the Treasury Board each qualified public depository shall submit to the Treasury Board a written report, under oath, indicating (i) the total amount of public deposits held by it at the close of business on the last banking day in the month, (ii) the average daily balance for the month of all secured public deposits held by it during the month, (iii) a detailed schedule of pledged collateral at its current asset value for purposes of collateral at the close of business on the last banking day in the month, and (iv) any other information with respect to its secured public deposits that may be required by the Treasury Board. Each qualified public depository shall also Punish at the same time to each public depositor for which it holds deposits and that makes a written request therefore a schedule of the secured public deposits to the credit of such depositor as of the close of business on the last banking day in the month and the total amount of all secured public deposits held by it upon such date. (1973, c. 172, § 2.1-369; 1979, c. 154; 2001, c. 844.) 19 APPENDIX B BROKER/DEALER QUESTIONAIRE AND CERTIFICATION 20 Broker/Dealer Questionnaire Section I: The City of Virginia Beach (hereinafter referred to as the "City") is a government operating under the laws of the Commonwealth of Virginia. The City has adopted a written investment policy which regulates the standards and procedures used in its cash management activities. A copy of the Investment Policy is attached to this document. The City maintains relationships with qualified members of the broker/dealer community who, in its opinion, understand the needs, constraints, and goals of the City. Section II: 1. Name of Firm: 2. Address: 3. Telephone Number(s): 4. Contact Personnel: Name: Title: Name: Title: Name: Title: 5. Is your firm a member of NASD? 6. Place an `x' by each regulatory agency that your firm is examined by and/or subject to its rules and regulations. FDIC SEC NYSE Comptroller of Currency Federal Reserve System 7. Have you obtained all required licenses to operate as a broker/dealer in the Commonwealth of Virginia? 8. To the best of your knowledge, have there been any `material' litigation, arbitration or regulatory proceedings, adjudicated or settled, that your firm has been subject to within the last five years that involved issues concerning the suitability of the sale or purchase of securities to intuitional clients or fraudulent or unfair practices related to the sale of securities to an institutional client? If so, please describe each such matter briefly. 9. Please provide certified audited financial statements for the past fiscal year. 21 Section III: I hereby certify that the above information is true and correct to the best of my knowledge, that I have read the referenced Investment Policy, that I agree to comply with the Investment Policy, and that I am authorized to execute this request for information on behalf of my firm. Name of Firm: By: _ Title: Date: 22 APPENDIX C Investment Guidelines for Bankers' Acceptances 23 City of Virginia Beach Investment Guidelines for Bankers' Acceptances The following terms and conditions shall apply to investment in bankers' acceptances: Prime bankers' acceptances must be issued by domestic banks with a minimum long term debt rating of "AA" or foreign banks with a "AAA" long term debt rating by a majority of the rating services that have rated the issuer. The short term debt rating must be at least "Al" or equivalent by all the raring services that rate the issuer (minimum of two ratings must be available). 2. Prime bankers' acceptances shall not exceed fifty percent (50%) of the total investment portfolio's book value on the date of acquisition. The amount invested in any one commercial bank pursuant to this paragraph cannot exceed fifteen percent (15%) of the book value of the portfolio on the date of acquisition or $15,000,000.00, whichever is less. 3. Prime bankers' acceptances must be eligible for purchase by the Federal Reserve System as required by TCA 94-602(a)(1). A prime bankers' acceptance must have an original maturity of not more than two hundred seventy (270) days to be eligible for purchase and it must: a. Arise out of the current shipment of goods between countries or within the United States, or b. Arise out of storage within the United States of goods under contract of sale or expected to move into the channel of trade within a reasonable time and that are secured throughout their life by a warehouse receipt or similar document conveying title to the underlying goods. 24 APPENDIX D Investment Guidelines for Commercial Paper 25 City of Virginia Beach Investment Guidelines for Commercial Paper The following terms and conditions shall apply to investment in commercial paper: 1. Prime commercial paper must have a maturity that does not exceed two hundred seventy (270) days. 2. Acquisition will be monitored to assure that no more than five percent (5%) of the portfolio book value at the date of acquisition, or $15,000,000, whichever is less, shall be invested in prime commercial paper of a single issuing corporation. The total holdings of an issuer's paper should not represent more than 5% of the issuing corporation's total outstanding commercial paper. 3. Purchases of prime commercial paper shall not exceed thirty-five percent (35%) of the portfolio book value at the date of acquisition. 4. Purchases must be limited to corporations that meet the following criteria: a. "Prime quality" is commercial paper that shall be rated by at least two of the following: Moody's Investors Services, Inc., within its NCO/Moody's rating of prime 1; Standard and Poor's Inc., within its rating of A-1; Fitch Investors Services, Inc., within its rating of F-1; Duff and Phelps, Inc., within its rating of D-1, or by their corporate successors. If the corporation has senior long term debt, it must have a minimum rating of "A" or the equivalent rating by at least two of the above listed rating services. b. The commercial paper rating must be based on the merits of the issuer or guarantee/agreement of a non -bank corporation, and not be backed by a letter of credit or insurance from a third party. C. Financial information should be obtained for reference on all corporations issuing commercial paper owned by the City of Virginia Beach. Issues may be acquired from authorized broker/dealers or directly from an eligible issuer. Prime commercial paper of depository institutions or of a holding company thereof shall not be held as part of the city's investment portfolio. Investments in banks should be as a depositor rather than as a creditor. Other finance company commercial paper is eligible for investment pursuant to the credit guidelines previously described. 26 APPENDIX E Government Finance Officers' Association Recommended Practices Pertaining to Cash Management and Investment Activities 27 GOVERNMENT FINANCE OFFICERS ASSOCIATION RECOMMENDED PRACTICES • Governmental Relationships with Securities Dealers • Repurchase Agreements & Reverse Repurchase Agreements • Frequency of Purchased Securities Valuation in Repurchase Agreements • Collateralization of Public Deposits • Use of Various Types of Mutual Funds by Public Cash Managers • Selection of Investment Advisers for Non -Pension Fund Assets • Use of Derivatives by State and Local Governments for Cash Operating and Reserve Portfolios • Market Risk (Volatility) Ratings • Mark -to -Market Practices for State and Local Government Investment Portfolios and Investment Pools • Security Lending Programs - Master Trust, Custodial and Safekeeping Considerations • Use and Application of Voluntary Agreements and Guidelines for Cash Management • Commercial Paper • Diversification of Investments in a Portfolio • Maturities of Investments in a Portfolio 28 GFOA Recommended Practice Governmental Relationships with Securities Dealers (2003) revised from the 1988 version Background. State and local governments represent one of the largest sources of investment funds available to purchase U.S. Government Securities. Without broad participation by state and local government investors, the government securities market would lack liquidity and the U.S. Treasury's cost of borrowing would increase. At the same time, governmental investors are expected to protect public funds from losses arising from default and to ensure that securities are purchased and sold at the best price available in the competitive marketplace. Recommendation. The Government Finance Officers Association (GFOA) makes the following specific recommendations to state and local government investors in selecting depositories and securities dealers for the purpose of investment transactions in government securities: 1. Select or qualify depositories, custodians, brokers, and dealers through competitive procedures, including requests for proposals for banking services. All securities purchases, other than those made through the Federal Reserve Bank's open window, should be made through a competitive bid process. In the event that a governmental unit cannot obtain competitive price bids, investors are urged to obtain written documentation of price markups prior to completing the transaction. 2. Require securities brokers and dealers conducting transactions with governmental entities to comply with the Federal Reserve Bank of New York's capital adequacy guidelines 1 as a condition of doing business. Before investing public funds, governmental investors should obtain compliance certifications from the broker or dealer and an independent auditor. 3. Secure acknowledgment from depositories and brokers and dealers that they have received written copies of the government entity's investment policies, portfolio risk constraints, and investment trading requirements. 4. Be aware of reasonably foreseeable risks of market price loss, illiquidity, non -marketability, or default of investment instruments before they are purchased. Additionally, securities dealers have a responsibility to disclose counterparty and other risks. References: An Introduction to Broker/Dealer Relations for State and Local Governments, M. Corinne Larson, GFOA, 1994. Investing Public Funds, Second Edition, Girard Miller with M. Corinne Larson and W. Paul Zorn, GFOA, 1998. Approved by the GFOA's Executive Board, October 17, 2003. I Primary dealers in U.S. government securities adhere to stringent capital adequacy guidelines as prescribed by the Federal Reserve Bank of New York. A current luting of primary dealers can be located www.ny.fib.org. 29 GFOA Recommended Policy Repurchase Agreements & Reverse Repurchase Agreements (1986,1995, 1998, 2000, 2003) Background. Where permitted by statute, local governments often enter into repurchase agreements (repos) to invest funds on a short-term basis. Repos works as follows: an investor purchases securities from a bank or dealer and at the same time, the selling bank or dealer contractually agrees to repurchase the securities at the same price (plus interest) at some mutually agreed -upon future date. Repos are commonly used by public entities to secure money market rates of interest and are an integral part of an investment program of state and local governments. In addition, repurchase agreements called "flexible repurchase agreements" (flex repos) are often used for bond reinvestment activity where cash is obtained from a bond issue associated with a capital project. This type of a repurchase agreement can be for a multi -year period associated with a specific capital program The flexible portion of the agreement permits multiple cash draw downs to fund the expenditure requirement. Governments should ensure that these investments meet their liquidity requirements. The Financial Accounting Standards Board (FASB), Statement 125, "Accounting for Transfers and Servicing of Financial Assets and Extinguishment of Liabilities," generally provides that if the repo buyer (i.e., government entity) has the right to sell or re -pledge the securities and the repo seller (i.e., bank or dealer) does not have the right to substitute the securities or terminate the contract on short notice, the repo buyer will be required to record both the securities, together with any obligation to return the securities. The repo seller will be required to reclassify the securities from a securities inventory or investment account to a securities pledged account on its balance sheet. The Bond Market Association (TBMA) has published an optional substitution/termination provision to its Master Repurchase Agreement that would allow the repo seller (bank or dealer) to retain effective control over the purchased securities, or the repo seller could elect to terminate the transaction prior to maturity on short notice to the repo buyer (government entity). Although governments may not be bound by FASB pronouncements, Statement 125 affects the counterparties to repurchase transactions with governments and may change the nature of the underlying repurchase agreement from a buy -sell transaction to a collateralized loan. Treating repurchase agreements as collateralized loans would make them illegal for local governments in many states. In a reverse repurchase agreement (reverse repo), an investor owns securities, such as a Treasury note, U.S. government agency bond or other security, that a bank or dealer purchases under an agreement to sell back to the investor on a specified date, at an agreed -upon interest rate. Reverse repos generally have two basic uses: first, reverse repos may be one way to avoid liquidating a portfolio to meet unexpected or immediate cash flow requirements. This straightforward use of the instrument is accepted by most public finance officers as a legitimate cash management practice. The second, potentially more controversial, use of the reverse repo is to enhance portfolio returns through the purchase of securities financed through repurchase transactions. The cash obtained can then be invested in another higher -yielding instrument. The conservative and prudent approach to this use of reverse repos involves short-term contracts in which the term of the reverse repo is matched with the maturity of the reinvestment. Losses of state and local government funds have occurred as the result of the inappropriate use of reverse repos in leveraging portfolios to increase investment returns and as a result of other unsound investment practices. Recommendation. The Government Finance Officers Association (GFOA) recommends that state and local government finance officers develop policies and procedures to insure the safety of repos and reverse repos. The following actions are recommended: 1. Governmental entities and investment officers should exercise special caution in selecting and evaluating the creditworthiness of parties with whom they will conduct repurchase transactions and be able to identify the parties acting as principals to the transaction. 30 2. Proper securitization practices are necessary to protect the public funds invested in repurchase agreements. Safekeeping shall be performed by a third -party custodian. Duties of the custodian (either direct or tri-party) should be outlined in a written agreement. The purchased securities associated with the repurchase agreement should have a market value in excess of the value of the repurchase agreement (called margin, "haircut," or over securitization). Market valuing the purchased securities regularly during the term of the repurchase agreement should be a mandatory practice in order to ensure the purchased securities maintain sufficient market value. A typical margin requirement for a short-term repo is at least 102%. 3. Master repurchase agreements should be employed, subject to appropriate legal and technical review. Governments using the prototype agreement developed by TBMA should include appropriate supplemental provisions regarding delivery, substitution, margin maintenance, margin amounts, seller representations, and governing law as contained in the GFOA-developed, Considerations for Governments in Developing a Master Repurchase Agreement. 4. Legal counsel should review TBMA's optional substitution/termination provision in its master agreement to assure no loss is incurred. In those jurisdictions where substitution of securities is permitted, a loss provision is provided that is intended to place the repo buyer in the same position it would have been had the repo seller not exercised the substitution/termination right. In those jurisdictions where substitution is restricted, however, the effect of FASB 125 may be troublesome depending on the relationship established with the bank or dealer, the jurisdiction's position with respect to the change in accounting treatment of the transaction, and whether the government has the ability to avoid the restriction on substitution of purchased securities. 5. Reverse repo proceeds generally should not be invested in securities whose maturity does not match the term of the reverse repo. For example, borrowing short to lend long can produce losses in adverse markets. Further, the possibility exists that other factors can go wrong, such as default by the dealer or adverse market changes that erode the value of the underlying securities. 6. The use of reverse repos should be considered only by entities that have the expertise and resources required to successfully engage in the technique. Additionally, state statutes may prohibit or discourage the use of reverse repos. Government officials who engage in reverse repos should verify whether such uses of reverse repos are legally sanctioned. 7. Public officials should not engage in investment practices, such as purchasing securities on margin (by borrowing funds from a counterparty), selling securities short (by borrowing the security from a third party and selling in anticipation of higher interest rates), purchasing long term bonds with short-term funds, and trading futures contracts without an exact offsetting cash market position. References • Considerations for Governments in Developing a Master Repurchase Agreement, Second Edition, GFOA Committee on Cash Management, 1988. • An Introduction to Broker/Dealer Relations for State and Local Governments, M. Corinne Larson, GFOA, 1994. • GFOA Sample Custodial Trust Agreement, 1995. • An Introduction to Collateralizing Public Deposits for State and Local Governments, M. Corinne Larson, GFOA, 1996. • "Investor Alert: Repo Agreements," Public Investor, April 3, 1998. • Investing Public Funds, Second Edition, Girard Miller with M. Corinne Larson and W. Paul Zorn, GFOA, 1998. Recommended for Approval by the Committee on Cash Management, January 23, 2003. Approved by the GFOA's Executive Board, February 28, 2003. 31 GFOA Recommended Practice Frequency of Purchased Securities Valuation in Repurchase Agreements (1999 and 2003) Background. A repurchase agreement (repo) is a transaction between a bank or securities dealer and an investor in which the bank (dealer) sells the securities to the investor (governmental entity) with a simultaneous agreement to buy the securities back from the investor at a specific time and at a price that will result in a predetermined yield to the investor. Securities sold are usually U.S. Treasury obligations, although agency securities and other alteniative securities are also used. For example, repos can be effected overnight, for a specified number of days, or as a continuing open contract. Public funds have used repos since the 1970s. In September 1996, The Bond Market Association (TBMA) published a revised version of its Master Repurchase Agreement, which previously had been amended in 1987. The revised agreement includes modifications designed to reflect the expansion of the repo market and changes in the law with respect to liquidation and closeout. Policies of governmental entities regarding securitization and safekeeping for deposits and investments, including repos, must be disclosed under the Governmental Accounting Standards Board (GASB) Statement 3. The valuation of securities is an important factor in managing the risk of default in repurchase transactions. To protect the buyer from a decline in the price of the security during the term of the repo agreement, the seller usually delivers underlying securities in an amount necessary to sufficiently cover the governmental entity's investment plus accrued interest. The value of the securities must be monitored frequently to insure that the market value remains above the principal and interest earned to date in case of default of a counterparty. If the counterparty does not default, the value of the securities will not affect the repo agreement. The frequency of the valuation depends on the duration of the investment, security types and any established margin percentage. Less frequent valuations should require higher margin percentages since the risk exposure period is longer; the risk of market price declines is greater over longer time periods. Recommendation. The Government Finance Officers Association (GFOA) recommends that government entities establish a policy and procedure for monitoring the value of the purchased securities to insure that it does not drop below the value of the repo. Government entities should periodically revalue longer -term purchased securities and continuous repo transactions to avoid incurring a loss. For maximum protection, government entities should consider revaluing securities on a daily basis. Government entities should consider the use of third -party financial sources in their valuation process to price and transfer purchased securities. In order to facilitate the determination of market value when negotiating a master repurchase agreement, government entities should specify the types of securities that are acceptable for the transaction, the pricing source for the securities, and the frequency with which the securities will be revalued. Price information for the securities should be readily available from a generally recognized source. As of any specific date during the transaction, the purchased securities should be priced at market value (including the value of the accrued interest) before applying any margin percentage because the investor may need to liquidate the securities in the secondary market in the event the seller does not complete the repurchase agreement transaction. References • Considerations for Governments in Developing a Master Repurchase Agreement, Second Edition, GFOA Committee on Cash Management, 2001. An Introduction to Broker/Dealer Relations for State and Local Governments, M. Corinne Larson, GFOA, 1994. • Master Repurchase Agreement, The Bond Market Association, September 1996. An Introduction to Collateralizing Public Deposits for State and Local Governments, M. Corinne Larson, GFOA, 1996. • "Investor Alert: Repo Agreements," Public Investor, April 3, 1998. • Investing Public Funds, Second Edition, Girard Miller with M. Corinne Larson and W. Paul Zorn, GFOA, 1998. 32 • Tri-Party Repo," Public Investor, GFOA, October 2, 1998. Flexible Repurchase Agreements," Public Investor, GFOA, January 1, 1999. GFOA Recommended Practice on Repurchase Agreements, updated 2003. Recommended for Approval by the Committee on Cash Management, January 23, 2003. Approved by GFOA's Executive Board, February 28, 2003. 33 GFOA Recommended Policy Collateralization of Public Deposits (1984, 1987, 1993, and 2000) Background. The safety of public funds should be the foremost objective in public fund management. Collateralization of public deposits through the pledging of appropriate securities or surety bonds by depositories is an important safeguard for such deposits. State programs pertaining to the collateralization of public deposits have generally proven to be beneficial for both the public sector and its depositories. However, federal law imposes certain limitations on collateral agreements between financial institutions and public entities in order to secure public entity deposits. Under certain circumstances, the Federal Deposit Insurance Corporation (FDIC) may be able to avoid a perfected security interest and leave the public depositor with only the right to share with other creditors in the pro rata distribution of the assets of a failed institution. Recommendation. The Government Finance Officers Association (GFOA) favors the use of pledging requirements as protection for state or local government's deposits. GFOA fiuther favors and encourages state and local governments to establish adequate and efficient administrative systems to maintain such pledged collateral, including state or locally administered collateral pledging or collateral pools. To accomplish these goals, GFOA recommends the following: 1. Public entities should implement programs of prudent risk control. Such programs could include a formal depository risk policy, credit analysis, and use of fully secured investments. In the absence of an effective statewide collateralization program, local officials should establish and implement collateralization procedures. 2. State and local government depositors should take all possible actions to comply with federal requirements in order to ensure that their security interests in collateral pledged to secure deposits are enforceable against the receiver of a failed financial institution. Federal law provides that a depositor's security agreement, which tends to diminish or defeat the interest of the FDIC in an asset acquired by it as receiver of an insured depository, shall not be valid against the FDIC unless the agreement • is in writing; • was approved by the board of directors of the depository or its loan committee; and • has been, continuously, from the time of its execution, an official record of the depository institution. 3. Public entities should have all pledged collateral held at an independent third party institution, and evidenced by a written agreement in an effort to satisfy The Uniform Commercial Code (UCC) requirement for control. The UCC states that the depositor does not have a perfected interest in a security unless the depositor controls it. Control means that swaps, sales, and transfers cannot occur without the depositor's written approval. • The value of the pledged collateral should be marked to market monthly, or more frequently depending on the volatility of the collateral pledged. If state statute does not dictate a minimum margin level for collateral based on deposit levels (e.g., Georgia statute requires 110 percent), the margin levels should be at least 102 percent, depending on the volatility of the collateral pledged. • Substitutions of collateral should meet the requirements of the collateral agreement, be approved in writing prior to release, and the collateral should not be released until the replacement collateral has been received. 4. The pledge of collateral should comply with the investment policy or state statute, whichever is more restrictive. 5. The use of surety bonds and other appropriate types of insurance in lieu of collateral could be reviewed as an alternative to collateralization. If a public entity agrees to the use of surety bonds and other types of 34 insurance in lieu of collateral, only insurers of the highest credit quality as determined by a nationally recognized insurance rating agency should be used. Note: As a result of the court case North Arkansas Medical Center v. Barrett, 963 F.2d 780 (8th Cir. 1992), the FDIC issued a policy statement in March 1993 indicating that it would not seek to void a security interest of a federal, state, or local government entity solely because the security agreement did not comply with the contemporaneous execution requirement set forth in Section 13(e) of the Federal Deposit Insurance Act 12 U.S.C. 1823(e). The policy statement was officially enacted by Section 317 of the Riegle Community Development and Regulatory Improvement Act of 1994 (Public Law 103-325). Because of this change, the bullet item "was executed by the depository institution and any person claiming an adverse interest, contemporaneously with the acquisition of the asset by the depository institution" that appeared in previous versions of this recommended practice has been removed from this version. References • GFOA Sample Security Agreement, 1995. • GFOA Sample Custodial Trust Agreement, 1995. • An Introduction to Collateralizing Public Deposits for State and Local Governments, M. Corinne Larson, GFOA, 1996. • Investing Public Funds, Second Edition, Girard Miller with M. Corinne Larson and W. Paul Zorn, GFOA, 1998. 35 GFOA Recommended Practice Use of Various Types of Mutual Funds by Public Cash Managers (2003) revised from 1987 version Background. State and local government cash managers may benefit from investing public funds through mutual funds. Mutual funds are SEC -regulated investment vehicles that pool and jointly invest the funds of multiple investors. Short-term liquid mutual funds of 90 days' weighted average maturity or less are called money market mutual funds, and these maintain investor shares with a constant one dollar ($1) Net Asset Value. Other mutual funds may be of an intermediate, or longer -term, nature and may provide shares with a fluctuating price or Net Asset Value. Such longer -term instruments may be composed of either fixed income (e.g., bond) or equity investments. The Government Finance Officers Association (GFOA) has endorsed the use of money market mutual funds by public cash managers through the GFOA's model investment legislation for state and local governments. Portfolio diversification, liquidity, and professional management are desirable features of these investment vehicles. Recommendation. The GFOA recommends that state and local governments restrict their use of mutual funds for cash management purposes exclusively to money market mutual funds and short bond funds. Public cash managers should check applicable statutes to determine if the use of money market mutual funds and/or short bond funds is permitted within their jurisdictions. Further, GFOA recommends that governments review and understand the fund's prospectus and statement of additional information to determine: • portfolio composition, • risk characteristics, • the duration and weighted average maturity of the mutual fund, • the reputation and experience of the investment company, • total expense ratio, • philosophy, strategies, and portfolio policies, and • if the fund is rated by a nationally recognized rating agency. GFOA recommends that governments consider funds that receive the highest ratings available from at least one nationally recognized rating agency. Short bond funds should receive the highest quality ratings (lowest risk) available in all risk categories. State and local government cash managers should exercise prudence and caution when investing in short bond funds. Short bond funds investing exclusively in short- and intermediate -term instruments may be appropriate investments in some jurisdictions for funds that are not needed for near -term disbursement. Mutual funds investing in intermediate or longer -term securities should be avoided by investors of short term funds, needed for liquidity purposes. Market price risks associated with short bond funds could impair the safety of assets, which is the foremost objective of public cash managers. References • An Introduction to External Money Management for Public Cash Managers, GFOA, 1991. • A Public Investor's Guide to Money Market Instruments, Second Edition, edited by M. Corinne Larson, GFOA, 1994. • Investing Public Funds, Second Edition, Girard Miller with M. Corinne Larson and W. Paul Zorn, GFOA, 1998. Approved by the GFOA's Executive Board, October 17, 2003. 36 GFOA Recommended Practice Selection of Investment Advisers for Non -Pension Fund Assets (2003) Revised from the 1999 version Background. Some state and local government cash managers have augmented their investment programs by retaining investment advisers to perform various portfolio services, ranging from advice only consultation to fully discretionary management. In many cases, the results of these engagements have been favorable, but there have also been cases of reported losses resulting from governmental units transacting business with some investment advisers. Recommendation. The Government Finance Officers Association (GFOA) has consistently recommended that state and local governments exercise caution and prudence in their selection of investment advisers, particularly because the responsibility for safety and liquidity of governmental funds cannot be delegated to an investment adviser. The GFOA urges state and local governments considering or retaining an investment adviser to develop policies regarding the procurement and periodic selection of investment advisory services. In accordance with state and local law or other requirements, these policies should address the following: 1. The responsible public official or the governing board should appoint a consultant and/or review committee to conduct the search process. Such consultant and/or review committee members should be independent and free of any special interests in any investment advisory firm under consideration. 2. A competitive, merit -based procurement process for selection should be employed. 3. Responsibilities of the investment adviser and/or investment manager should be stated. 4. The consultant and/or review committee should determine the criteria to be used in the selection. Criteria should include but are not limited to • investment style, • years in business, • assets under management, • investment performance versus appropriate benchmarks over an agreed upon period of time, and • delivery of SEC Form ADV Part I and Part U (including Schedule I) prior to contract execution. 5. The consultant and/or review committee should determine the sources for candidates to be considered, including but not limited to • consultants database(s) on investment advisory firms, • industry reports and articles, • marketing materials, • references from other jurisdictions, • other special research and reports in order to ensure diversity in candidate pool, and • other governmental entity resources and information. 6. The consultant and/or review committee should perform due diligence on candidates, including but not limited to • quantitative information (e.g., financial stability and performance review), • organizational structure of firm, • experience and depth of personnel in firm, including turnover, • firm -specific investment philosophy and portfolio management strategies; • trading process, • management fees, 37 • references from other clients, • interviews with finalists, and • use of a request for proposal (RFP) process. After the consultant and/or review committee has made a recommendation regarding the selection of an investment adviser, the contract process should include the following: • establishment of account responsibility, • assignment of management and fiduciary responsibility, • determination of professional liability insurance for crime, errors and omissions, • establishment of fee and terms of invoicing and payment, • procedure for termination of contract by either party, • specifications related to nondiscrimination in contracting and ethics rules, • certification that the investment adviser has read and understood the investment policy, and • compliance with appropriate laws and regulations at both the state and local levels. The finance officer managing the investment adviser contract should comply with the following ethical considerations: • adherence to all jurisdiction's ethics laws, rules and regulations related to procurement and involvement with contractors, including those related to political contributions, • disclosure to jurisdiction of any inherent or potential conflicts of interest in dealing with specific investment advisers prior to taking any official action, and • adherence to the GFOA Code of Professional Ethics. The jurisdiction should develop and implement an ongoing risk control program, including • ongoing compliance reviews, • delivery versus payment, • third -party custody, • prohibitions against self -dealing, • independent audits, • timely reconciliations, • maintaining current documentation of the investment advisor's internal controls audit, and • other appropriate internal control measures. References • An Elected Official's Guide to Investing, M. Corinne Larson, GFOA, 1995. • An Introduction to Investment Advisers for State and Local Governments, M. Corinne Larson, GFOA 1996. • Investing Public Funds, Second Edition, Girard Miller with M. Corrine Larson and W. Paul Zom, GFOA, 1998. Approved by the GFOA Executive Board, October 17, 2003. 38 GFOA Recommended Practice Use of Derivatives by State and Local Governments for Cash Operating and Reserve Portfolios (1994 and 2002) Background. Derivative products are financial instruments created from or whose value depends on (is derived from) the value of one or more underlying assets or indexes of asset values. Derivatives include instruments or features such as collateralized mortgage obligations (CMOs), interest -only (IOs) and principal -only (POs) securities, forwards, futures, currency and interest rate swaps, options, floaters/inverse floaters, and caps/floors/collars. It still remains the responsibility of each government to determine what constitutes a derivative product and what is allowable by policy and statute. Recommendation. The Government Finance Officers Association (GFOA) urges state and local government finance officers to exercise extreme caution in the use of derivatives and to consider their use only when they have developed a sufficient understanding of the products and the expertise to manage them. Because new derivative products are increasingly complex, state and local governments should use these instruments only if they can evaluate the following factors, among others, to determine their appropriateness: 1. Governmental entities must observe the objectives of sound asset and liability management policies that ensure safety, liquidity, and yield within legally allowable investments. Because of the risks involved, the use of derivatives by governmental entities should receive particular scrutiny. Certain derivative products may not be appropriate for all governmental investors. Characteristics of such products can include high price volatility, illiquid markets, products that are not market -tested, highly leveraged products, products requiring a high degree of sophistication to manage, and products that are difficult to value. 2. Governmental entities should understand that state and local laws may not specifically address the use of derivatives and examine such considerations as • the constitutional and statutory authority of the governmental entity to execute derivative contracts, • the potential for violating constitutional or statutory provisions limiting the entity's authority to incur debt resulting from the transaction, and • the application of the governmental entity's procurement statutes to derivative transactions. 3. Governmental entities should be aware of all the risks associated with use of derivatives, including counterparty credit, custodial, market, settlement, and operating risk. 4. Governmental entities should establish internal controls for each type of derivative in use to ensure that these risks are adequately managed. For example, • the entity should provide a written statement of purpose and objectives for derivative use; • written procedures should be established that provide for periodic monitoring of derivative instruments; • managers should receive periodic training and have sufficient expertise and technical resources to oversee derivative programs; • recordkeeping systems should be sufficiently detailed to allow governing bodies, auditors, and examiners to determine if the program is functioning in accordance with established objectives; managers should report regularly on the use of derivatives to their governing body and appropriate disclosure should be made in official statements and other disclosure documents; and • reporting on derivative use should be in accordance with generally accepted accounting principles, and because use of these instruments is a complex matter, early discussion with public accountants is essential to determine if specialized reporting may be required. 5. Governmental entities should be aware if their broker/dealer is merely acting as an agent or intermediary in a derivatives transaction or is taking a proprietary position. Possible conflicts of interest should be taken into consideration before entering into a transaction. 39 6. Governmental entities should be aware that there may be little or no pricing information or standardization for some derivatives. Competitive price comparisons are recommended before entering into a transaction. 7. Governmental entities should exercise caution in the selection of broker/dealers or investment managers and ensure that these agents are knowledgeable about, understand and provide disclosure regarding the use of derivatives, including benefits and risks. The entity should secure written acknowledgment from broker/dealers that they have received, read, and understood the entity's debt and investment policies, including whether derivatives are currently authorized under the entity's investment policy and that the broker/dealer or investment manager has ascertained that the recommended product is suitable for the governmental entity. 8. Governmental entities are responsible for ensuring this same level of safeguards when derivative transactions are conducted by a third party acting on behalf of the governmental entities. 9. Government Entities should analyze the materiality of a transaction closely to determine if it might affect a bond or other credit — related rating of such entity. Rating agencies should be notified at the appropriate time, before a transaction is completed. References - - A Public Investor's Guide to Money Market Instruments, Second Edition, edited by M. Corinne Larson, GFOA, 1994. • An Elected Official's Guide to Investing, M. Corinne Larson, GFOA, 1995. Approved by the Committee on Cash Management, June 15, 2002 Approved by the Executive Committee, October 25, 2002. 40 GFOA Recommended Practice Market Risk (Volatility) Ratings (1995) Background. State and local governments have long relied on credit ratings as an independent analytical source to gauge the credit risk of an investment option. However, credit risk analysis alone is not sufficient to safeguard against the assumption of other risk components, including market, interest rate, and liquidity risks. Through the securitization and structuring process, AAA rated securities and funds also may carry extreme market and other risks that are wholly unaddressed by credit ratings. Rating agencies now provide market risk ratings that evaluate the volatility of the security under a wide range of potential interest rate and mortgage prepayment scenarios. Risk components, such as interest rate, prepayment, credit, spread and liquidity, and currency risks are analyzed to assess how aggressively a fund uses derivatives and leveraging, and what risks their use presents to fund managers and investors in the fund. Results indicate the degree of potential variability in the prospective fund performance. Historical performance and volatility of fund returns relative to appropriate benchmarks also are evaluated. When applied to individual collateralized mortgage obligations (CMOs), market risk ratings provide a useful benchmark to governmental entities as they establish guidelines for prudent management of derivative investments. Recommendation. The Government Finance Officers Association (GFOA) encourages state and local governments to augment information they receive from brokers, dealers, or advisors with independent research when conducting due diligence of potential investments. Information sources include historical trading ranges, trend and volume data, brokerage firm research, cash flow and present value analysis, and credit ratings and research. • GFOA encourages investment in only those CMOs and funds that seek market risk ratings from rating agencies to provide comprehensive disclosure of risks to public investors. Although volatility ratings currently are not mandatory, public investors may wish to consider limiting their investments to CMOs and funds that have received favorable volatility ratings from a nationally recognized rating agency. 41 GFOA Recommended Practice Mark -to -Market Practices for State and Local Government Investment Portfolios and Investment Pools (1995, 2000, and 2003) Background. As the investment portfolios of state and local governments are subjected to increased scrutiny, it is essential that reporting standards be enhanced so that investors, governing bodies, and the public remain informed of the current market value of the portfolio. Regular disclosure of the value of a governmental entity's investments is an important step to furthering taxpayer and market confidence in state and local government investment practices. The Governmental Accounting Standards Board (GASB) has also recognized in GASB Statement 31 the need to report investments at fair value at fiscal year end. Government officials should be aware of state, local, accounting, and rating agency requirements regarding mark to market practices. Recommendation. The Government Finance Officers Association (GFOA) recommends that state and local government officials responsible for investment portfolio reporting determine the market value of all securities in the portfolio on at least a quarterly basis. These values should be obtained from a reputable and independent source and disclosed to the governing body or other oversight body at least quarterly in a written report. It is recommended that the report include the market value, book value, and unrealized gain or loss of the securities in the portfolio. Many state and local government officials are allowed to invest in various state and local government investment pools available in their state or region. GFOA recommends that pool administrators, on a daily basis, determine the market value of all securities in the pool and report this information to all pool participants on at least a monthly basis. These values should be obtained from a reputable and independent source. This information should be included in the report to the governing body prepared on at least a quarterly basis. References • An Elected Official's Guide to Investing, M. Corinne Larson, GFOA, 1996. • GASB Statement 31 and Implementation Guide. • Investing Public Funds, Second Edition, Girard Miller with M. Corinne Larson and W. Paul Zorn, GFOA, 1998. Recommended for Approval by the Committee on Cash Management, January 23, 2003. Approved by the GFOA's Executive Committee, February 28, 2003. 42 GFOA Recommended Practice Security Lending Programs - Master Trust, Custodial and Safekeeping Considerations (1995 and 2002) Background. The lending of securities helps to maintain an orderly market while providing incremental income to the participant lender. Broker/dealers borrow primarily to cover fails (the non -delivery of a security expected to be delivered on a date certain) and short sales (the sale of a security not presently owned by the seller in order to take advantage of an expected lower market price), and to execute arbitrage transactions. Their preferred partners in these transactions are the master trust, custodial and safekeeping banks, since their large portfolios basically offer "one -stop shopping". As part of their services, banks, like other money managers, offer to lend securities owned by institutional clients to brokers in exchange for collateral. The collateral, which is usually cash, is invested as directed by the security owner. The resulting income is subsequently split between the lending agent and the client. A security lending transaction is used to enhance investment returns on portfolio securities. While the indemnifications offered may vary, the lending agreement typically provides that broker credit risk, broker default risk, and collateral maintenance are risks undertaken by the lending agent. The security owner often can determine what counter -party is acceptable, the size of the investment program, and the type of securities used and this is generally reflected in the split of the investment proceeds. Lending agent credit risk, lending agent default risk, and collateral investment risk are undertaken by the institutional client. Unsound collateral investment practices can result in some lending programs incurring losses on behalf of the institutional security lending program customers if the program is too aggressive. Additionally, rapidly changing interest rates, lending short and investing long, investing in speculative derivatives, and paying a fixed rebate rate while investing in floating rebate rate securities under adverse market conditions are examples of situations that can produce investment losses. The security owner must be cautious in directing the investment program to make certain it is consistent with investment policy. Liquidity requirements are often accepted by and guaranteed by the lending agent upon one day's notice, as substitution of the lending client in large lending programs is easily accomplished and essentially risk less. Programs that require the client to undertake responsibility for managing the liquidity present greater risks and require that the client place limits on the amount of the portfolio which may be put on loan. The term of the securities on loan and the reinvestment of the proceeds must be carefully established by the client and strictly managed. Recommendation. While investment strategies that include security lending programs are not inherently risky when employed judiciously with appropriate precautions and controls, The Government Finance Officers Association (GFOA) urges state and local government officials to exercise caution in their use of security lending programs. Prior to participating in a security lending program, fmance officers should carefully evaluate • whether security lending is legally permissible under state statute and the jurisdiction's written investment policy; • the terms of the lending agreements; • the indemnification provisions, if selected; • the investment guidelines and terms of the lending, including the maturity of loans as well as the securities purchased; • the liquidity provisions and risks; • the selection of the counter -parties to the lending program; • the agreement for the split of investment proceeds; • the experience of the lending agent; • the resources required to monitor compliance with the agreement. 43 References • Investing Public Funds, Second Edition, Girard Miller with Corinne Larson and W. Paul Zorn, GFOA, 1998 Approved by the Committee on Cash Management, June 15, 2002 Approved by the Executive Board, October 25, 2002. Mi GFOA Recommended Practice Use and Application of Voluntary Agreements and Guidelines for Cash Management (2003) revised from the 1995 version Background. Various participants in the investment process are seeking to clarify the relationship of parties in an investment transaction by undertaking voluntary efforts to develop model agreements and guidelines. Some of these documents contain legal assumptions that might affect the validity of a transaction. Others would require certain statements to be in writing in order to be effective. Although the enforceability of such guidelines is uncertain, state and local government investors should be aware of their existence and the possibility that their counterparties may be operating under these or similar guidelines. Recommendation. The Government Finance Officers Association (GFOA) recommends that state and local governments consider carefully any agreement or guideline presented for their use because many of these documents affect a public entity's rights and responsibilities in a given transaction. Furthermore, GFOA recommends that: • Governmental investors develop written investment policies using the GFOA - developed Sample Investment Policy. • Governmental investors be aware of the federal, state, and local laws that govern investment contracts and agreements, as well as statutes and regulations affecting suitability obligations of broker/dealers, which require that a broker/dealer should only recommend a product after that broker/dealer has taken steps to determine that it is suitable and legally permissible for the customer. • Governmental investors protect their existing statutory and regulatory rights by ensuring that such rights are not inadvertently waived through the use of "boilerplate" language in contracts with counterparties. • Governmental investors should use the GFOA-developed library of sample agreements and guidelines as below. References • An Introduction to Treasury Agreements for State and Local Governments, Linda Sheimo, GFOA, 1993. • An Introduction to Broker/Dealer Relations for State and Local Governments, M. Corinne Larson, GFOA, 1994. Approved by the GFOA's Executive Board, October 17, 2003. 45 GFOA Recommended Practice Commercial Paper (2001) Background. Commercial paper is used by many public entities to secure competitive rates of interest. Commercial paper is a short-term, unsecured promissory note issued by corporations for working capital, for general cash flow, and for financing receivables. Commercial paper has maturities ranging from 1 to 270 days and is generally considered illiquid. By federal law, commercial paper issues are exempt from registration with the U.S. Securities and Exchange Commission. Nationally recognized rating agencies routinely rate commercial paper and regularly review the strength of the credit quality. State statutes vary as to the extent or ability of governments to utilize commercial paper. Recommendation. The Government Finance Officers Association (GFOA) affirms that if commercial paper is used as an integral part of an investment program of state and local governments, public finance officers are highly encouraged to develop policies and procedures to appropriately manage the risk of such investments. When investing in commercial paper, finance officers should consider practices such as: • Diversification by issuer and industry sector; • Limitation on percentage of portfolio comprised of commercial paper; • Limitation on percentage of outstanding commercial paper issued by any one issuer; • First tier credit rating requirements (for example, A-1, P-1, F-1 or better, under Securities and Exchange Commission regulation 2A-7); • Underlying credit enhancements such as bank lines of credit or insurance; and • Rating outlook analyses. Consideration of the above practices is necessary to protect public funds invested in commercial paper. Constant monitoring of the commercial paper market is critical, as credit quality can deteriorate rapidly. Government entities are encouraged to regularly monitor ratings, rating outlooks, rating actions (upgrades or downgrades), and industry and market changes. 46 GFOA Recommended Practice Diversification of Investments in a Portfolio (1997 and 2002) Background. State and local governments are charged with observing the investment management objectives of safety, liquidity, and yield within legally allowable investments. Portfolio risk includes all the risks associated with investments, including but not limited to credit risk, liquidity risk, and market risk. These risks can be mitigated through diversifying the types and maturities of securities purchased. Because ensuring safety and liquidity are paramount, entities should seek to reduce portfolio risk as much as possible in their investment policies through appropriate diversification of investments in the portfolio and restrictions on maturity provisions. Recommendation. The Government Finance Officers Association (GFOA) recommends that state and local governments diversify their investments to reduce portfolio risk through such means as • limiting investments to avoid over concentration in securities from a specific issuer, business sector (excluding U.S. Treasury securities) or single class of securities (such as commercial paper or bankers acceptances); • limiting investments in securities that have higher credit risks (such as derivatives); • investing in securities of varying maturities; and • continuously investing a portion of the portfolio in readily available funds, such as local government investment pools (LGIPs), money market funds, or overnight repurchase agreements to ensure that appropriate liquidity is maintained to meet ongoing obligations. References • GFOA Sample Investment Policy, 1997. Investing Public Funds, Second Edition, Girard Miller with M. Corinne Larson and W. Paul Zorn, GFOA, 1998. • GFOA Elected Officials Guide to Investing Approved by the Committee on Cash Management, June 15, 2002 Approved by the Executive Board, October 25, 2002. 47 F- GFOA Recommended Practice Maturities of Investments in a Portfolio (1997 and 2002) Background. Securities are issued in a variety of maturities. Governments should be aware of the maturity features of the securities they are purchasing. To ensure that liquidity is maintained and to reduce interest rate risk in operating funds, most state and local governments limit the maximum maturity (the date on which payment of a financial obligation is due) on any specified purchased security and the maximum weighted average maturity (the average maturity or reset period of all securities that comprise a portfolio) of the entire portfolio. The longer the maturity horizon that is selected, the greater the price volatility. In accordance with the Governmental Accounting Standards Board reporting requirements, the portfolio could show unrealized losses or gains for any reporting period. Recommendation. The Government Finance Officers Association (GFOA) recommends that state and local governments should comply with state and local requirements and, to the extent possible, match investments with anticipated cash flow requirements. GFOA supports the following practices to achieve this objective: 1. Unless matched to a specific cash requirement, governments should not directly invest in securities maturing more than five years from the date of purchase. Reserve or other funds with longer -term investment horizons may be invested in securities exceeding five years, if the maturities of such investments are made to coincide as nearly as practicable with the expected use of funds. The intent to invest in securities with longer maturities should be disclosed in writing to the legislative body through a written investment policy. 2. Governments should adopt weighted average maturity limitations, which often range from 90 days to three years, consistent with the government's investment objectives and the government's cash flow needs. 3. Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds such as local government investment pools (LGIPs), money market funds, or overnight repurchase agreements to ensure that appropriate liquidity is maintained to meet ongoing obligations. References • GFOA Sample Investment Policy, 1997. Investing Public Funds, Second Edition, Girard Miller with M. Corinne Larson and W. Paul Zorn, GFOA, 1998. Approved by the Committee on Cash Management, June 15, 2002. Approved by the Executive Board, October 25, 2002. 48 49 § 2.2-4500. Legal investments for public sinking funds. The Commonwealth, all public officers, municipal corporations, other political subdivisions and all other public bodies of the Commonwealth may invest any sinking funds belonging to them or within their control in the following securities: 1. Bonds, notes and other evidences of indebtedness of the Commonwealth, and securities unconditionally guaranteed as to the payment of principal and interest by the Commonwealth. 2. Bonds, notes and other obligations of the United States, and securities unconditionally guaranteed as to the payment of principal and interest by the United States, or any agency thereof. The evidences of indebtedness enumerated by this subdivision may be held directly, or in the form of repurchase agreements collateralized by such debt securities, or in the form of securities of any open-end or closed -end management type investment company or investment trust registered under the Investment Company Act of 1940, provided that the portfolio of such investment company or investment trust is limited to such evidences of indebtedness, or repurchase agreements collateralized by such debt securities, or securities of other such investment companies or investment trusts whose portfolios are so restricted. 3. Bonds, notes and other evidences of indebtedness of any county, city, town, district, authority or other public body of the Commonwealth upon which there is no default; provided, that such bonds, notes and other evidences of indebtedness of any county, city, town, district, authority or other public body are either direct legal obligations of, or those unconditionally guaranteed as to the payment of principal and interest by the county, city, town, district, authority or other public body in question; and revenue bonds issued by agencies or authorities of the Commonwealth or its political subdivisions upon which there is no default. 4. Bonds and other obligations issued, guaranteed or assumed by the International Bank for Reconstruction and Development, bonds and other obligations issued, guaranteed or assumed by the Asian Development Bank and bonds and other obligations issued, guaranteed or assumed by the African Development Bank. 5. Savings accounts or time deposits in any bank or savings institution within the Commonwealth provided the bank or savings institution is approved for the deposit of other funds of the Commonwealth or other political subdivision of the Commonwealth. (1956, c. 184, § 2-297; 1958, c. 102; 1966, c. 677, § 2.1-327; 1970, c. 75; 1974, c. 288; 1986, c. 270; 1988, cc. 526, 834; 1996, cc. 77, 508; 2001, c. 844.) § 2.24501. Legal investments for other public funds. A. The Commonwealth, all public officers, municipal corporations, other political subdivisions and all other public bodies of the Commonwealth may invest any and all moneys belonging to them or within their control, other than sinking funds, in the following: 1. Stocks, bonds, notes, and other evidences of indebtedness of the Commonwealth and those unconditionally guaranteed as to the payment of principal and interest by the Commonwealth. 2. Bonds, notes and other obligations of the United States, and securities unconditionally guaranteed as to the payment of principal and interest by the United States, or any agency thereof. The evidences of indebtedness enumerated by this subdivision may be held directly, or in the form of repurchase agreements collateralized by such debt securities, or in the form of securities of any open-end or closed -end management type investment company or investment trust registered under the Investment Company Act of 1940, provided that the portfolio of such investment company or investment trust is limited to such evidences of indebtedness, or repurchase agreements collateralized by such debt securities, or securities of other such investment companies or investment trusts whose portfolios are so restricted. 3. Stocks, bonds, notes and other evidences of indebtedness of any state of the United States upon which there is no default and upon which there has been no default for more than ninety days; provided, that within the twenty fiscal years next preceding the making of such investment, such state has not been in default for more than ninety days in the payment of any part of principal or interest of any debt authorized by the legislature of such state to be contracted. 4. Stocks, bonds, notes and other evidences of indebtedness of any county, city, town, district, authority or other public body in the Commonwealth upon which there is no default; provided, that if the principal and interest be payable from revenues or tolls and the project has not been completed, or if completed, has not established an operating record of net earnings available for payment of principal and interest equal to estimated requirements for that purpose according to the terms of the issue, the standards of judgment and care required in Article 2 (§ 26-45.3 et seq.) of Chapter 3 of Title 26, without reference to this section, shall apply. 50 In any case in which an authority, having an established record of net earnings available for payment of principal and interest equal to estimated requirements for that purpose according to the terms of the issue, issues additional evidences of indebtedness for the purposes of acquiring or constructing additional facilities of the same general character that it is then operating, such additional evidences of indebtedness shall be governed by the provisions of this section without limitation. 5. Legally authorized stocks, bonds, notes and other evidences of indebtedness of any city, county, town or district situated in any one of the states of the United States upon which there is no default and upon which there has been no default for more than ninety days; provided, that (i) within the twenty fiscal years next preceding the making of such investment, such city, county, town or district has not been in default for more than ninety days in the payment of any part of principal or interest of any stock, bond, note or other evidence of indebtedness issued by it; (ii) such city, county, town or district shall have been in continuous existence for at least twenty years; (iii) such city, county, town or district has a population, as shown by the federal census next preceding the making of such investment, of not less than 25,000 inhabitants; (iv) the stocks, bonds, notes or other evidences of indebtedness in which such investment is made are the direct legal obligations of the city, county, town or district issuing the same; (v) the city, county, town or district has power to levy taxes on the taxable real property therein for the payment of such obligations without limitation of rate or amount; and (vi) the net indebtedness of such city, county, town or district (including the issue in which such investment is made), after deducting the amount of its bonds issued for self- sustaining public utilities, does not exceed ten percent of the value of the taxable property in such city, county, town or district, to be ascertained by the valuation of such property therein for the assessment of taxes next preceding the making of such investment. 6. Bonds and other obligations issued, guaranteed or assumed by the International Bank for Reconstruction and Development, by the Asian Development Bank or by the African Development Bank. B. This section shall not apply to retirement funds and deferred compensation plans to be invested pursuant to §§ 51.1-124.30 through 51.1-124.35 or § 51.1-601. C. Investments made prior to July 1, 1991, pursuant to § 51.1-601 are ratified and deemed valid to the extent that such investments were made in conformity with the standards set forth in Chapter 6 (§ 51.1-600 et seq.) of Title 51.1. (1956, c. 184, § 2-298; 1966, c. 677, § 2.1-328; 1980, c. 596; 1988, c. 834; 1991, c. 379; 1992, c. 810; 1996, c. 508; 1999, c. 772; 2001, c. 844.) § 2.24502. Investment of funds of Commonwealth, political subdivisions, and public bodies in "prime quality" commercial paper. A. The Commonwealth, all public officers, municipal corporations, other political subdivisions and all other public bodies of the Commonwealth may invest any and all moneys belonging to them or within their control other than sinking funds in "prime quality" commercial paper, with a maturity of 270 days or less, of issuing corporations organized under the laws of the United States, or of any state thereof including paper issued by banks and bank holding companies. "Prime quality" shall be as rated by at least two of the following: Moody's Investors Service, Inc., within its NCO/Moody's rating of prime 1, by Standard & Poor's, Inc., within its rating of A-1, by Fitch Investor's Services, Inc., within its rating of F-1, by Duff and Phelps, Inc., within its rating of D-1, or by their corporate successors, provided that at the time of any such investment: 1. The issuing corporation, or its guarantor, has a net worth of at least fifty million dollars; and 2. The net income of the issuing corporation, or its guarantor, has averaged three million dollars per year for the previous five years; and 3. All existing senior bonded indebtedness of the issuer, or its guarantor, is rated "A" or better or the equivalent rating by at least two of the following: Moody's Investors Service, Inc., Standard & Poor's, Inc., Fitch Investor's Services, Inc., or Duff and Phelps, Inc. Not more than thirty-five percent of the total funds available for investment may be invested in commercial paper, and nor more than five percent of the total funds available for investment may be invested in commercial paper of any one issuing corporation. B. Notwithstanding subsection A, the Commonwealth, municipal corporations, other political subdivisions and public bodies of the Commonwealth may invest any and all moneys belonging to them or within their control, except for sinking funds, in commercial paper other than "prime quality" commercial paper as defined in this section provided that: 51 1. Prior written approval is obtained from the governing board, committee or other entity that determines investment policy. The Treasury Board shall be the governing body for the Commonwealth; and 2. A written internal credit review justifying the creditworthiness of the issuing corporation is prepared in advance and made part of the purchase file. (1973, c. 232, § 2.1-328.1; 1974, c. 295; 1976, c. 665; 1986, c. 170; 1987, c. 73; 1988, c. 834; 1992, c. 769; 2001, c. 844.) § 2.24503. Not set out. § 2.24504. Investment of funds by the Commonwealth and political subdivisions in bankers' acceptances. Notwithstanding any provisions of law to the contrary, all public officers, municipal corporations, other political subdivisions and all other public bodies of the Commonwealth may invest any and all moneys belonging to them or within their control other than sinking funds in bankers' acceptances. (1981, c. 18, § 2.1-328.3; 1988, c. 834; 2001, c. 844.) § 2.24505. Investment in certificates representing ownership of treasury bond principal at maturity or its coupons for accrued periods. Notwithstanding any provision of law to the contrary, the Commonwealth, all public officers, municipal corporations, other political subdivisions and all other public bodies of the Commonwealth may invest any and all moneys belonging to them or within their control, in certificates representing ownership of either treasury bond principal at maturity or its coupons for accrued periods. The underlying United States Treasury bonds or coupons shall be held by a third -party independent of the seller of such certificates. (1983, c. 117, § 2.1-328.5; 1985, c. 352; 1988, c. 834; 2001, c. 844.) § 2.24506. Securities lending. Notwithstanding any provision of law to the contrary, the Commonwealth, all public officers, municipal corporations, political subdivisions and all public bodies of the Commonwealth may engage in securities lending from the portfolio of investments of which they have custody and control, other than sinking funds. The Treasury Board shall develop guidelines with which such securities lending shall fully comply. Such guidelines shall ensure that the state treasury is at all times fully collateralized by the borrowing institution. (1983, c. 268, § 2.1-328.6; 2001, c. 844.) § 2.24507. Investment of funds in overnight, term and open repurchase agreements. Notwithstanding any provision of law to the contrary, the Commonwealth, all public officers, municipal corporations, other political subdivisions and all other public bodies of the Commonwealth, may invest any and all moneys belonging to them or within their control in overnight, term and open repurchase agreements that are collateralized with securities that are approved for direct investment. (1985, c. 352, § 2.1-328.8; 1988, c. 834; 2001, c. 844.) § 2.24508. Investment of certain public moneys in certain mutual funds. Notwithstanding any provision of law to the contrary, the Commonwealth, all public officers, municipal corporations, other political subdivisions and all other public bodies of the Commonwealth may invest any and all moneys belonging to them or within their control, other than sinking funds that are governed by the provisions of § 2.2-4500, in one or more open-end investment funds, provided that the funds are registered under the Securities Act (§ 13.1-501 et seq.) of the Commonwealth or the Federal Investment Co. Act of 1940, and that the investments by such funds are restricted to investments otherwise permitted by law for political subdivisions as set forth in this chapter, or investments in other such funds whose portfolios are so restricted. 52 (1986, c. 170, § 2.1-328.9; 1988, c. 834; 1996, c. 508; 2001, c. 844.) § 2.24509. Investment of funds in negotiable certificates of deposit and negotiable bank deposit notes. Notwithstanding any provision of law to the contrary, the Commonwealth and all public officers, municipal corporations, and other political subdivisions and all other public bodies of the Commonwealth may invest any or all of the moneys belonging to them or within their control, other than sinking funds, in negotiable certificates of deposit and negotiable bank deposit notes of domestic banks and domestic offices of foreign banks with a rating of at least A-1 by Standard & Poor's and P-1 by Moody's Investor Service, Inc., for maturities of one year or less, and a rating of at least AA by Standard & Poor's and Aa by Moody's Investor Service, Inc., for maturities over one year and not exceeding five years. (1998, cc. 20, 21, § 2.1-328.15; 2001, c. 844.) § 2.2-4510. Investment of funds in corporate notes. A. Notwithstanding any provision of law to the contrary, the Commonwealth, all public officers, municipal corporations, other political subdivisions and all other public bodies of the Commonwealth may invest any and all moneys belonging to them or within their control, other than sinking funds, in high quality corporate notes with a rating of at least Aa by Moody's Investors Service, Inc., and a rating of at least AA by Standard and Poors, Inc., and a maturity of no more than five years. B. Notwithstanding any provision of law to the contrary, any qualified public entity of the Commonwealth may invest any and all moneys belonging to it or within its control, other than sinking funds, in high quality corporate notes with a rating of at least A by two rating agencies, one of which shall be either Moody's Investors Service, Inc., or Standard and Poors, Inc. As used in this section, "qualified public entity" means any state agency or institution of the Commonwealth, having an internal or external public funds manager with professional investment management capabilities. (1987, c. 187, § 2.1-328.10; 1988, c. 834; 1994, c. 145; 2001, c. 844; 2002, cc. 18, 438.) § 2.24511. Investment of funds in asset -backed securities. Notwithstanding any provision of law to the contrary, any qualified public entity of the Commonwealth may invest any and all moneys belonging to it or within its control, other than sinking funds, in asset - backed securities with a duration of no more than five years and a rating of no less than AAA by two rating agencies, one of which must be either Moody's Investors Service, Inc., or Standard and Poors, Inc. As used in this section, "qualified public entity" means any state agency, institution of the Commonwealth or statewide authority created under the laws of the Commonwealth having an internal or external public funds manager with professional investment management capabilities. (1994, c. 145, § 2.1-328.13; 1997, c. 29; 2001, c. 844.) § 2.24512. Investment of funds by State Treasurer in obligations of foreign sovereign governments. Notwithstanding any provision of law to the contrary, the State Treasurer may invest unexpended or excess moneys in any fund or account over which he has custody and control, other than sinking funds, in fully hedged debt obligations of sovereign governments and companies that are fully guaranteed by such sovereign governments, with a rating of at least AAA by Moody's Investors Service, Inc., and a rating of at least AAA by Standard and Poors, Inc., and a maturity of no more than five years. Not more than ten percent of the total funds of the Commonwealth available for investment may be invested in the manner described in this section. (1988, c. 461, § 2.1-328.11; 2001, c. 844.) § 2.24513. Investments by transportation commissions. 53 Transportation commissions that provide rail service may invest in, if required as a condition to obtaining insurance, participate in, or purchase insurance provided by, foreign insurance companies that insure railroad operations. (1988, c. 834, § 2.1-328.12; 2001, c. 844.) § 2.24514. Commonwealth and its political subdivisions as trustee of public funds; standard of care in investing such funds. Public funds held by the Commonwealth, public officers, municipal corporations, political subdivisions, and any other public body of the Commonwealth shall be held in trust for the citizens of the Commonwealth. Any investment of such funds pursuant to the provisions of this chapter shall be made solely in the interest of the citizens of the Commonwealth and with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. (1996, c. 437, § 2.1-328.14; 2001, c. 844.) § 2.24515. Collateral and safekeeping arrangements. Securities purchased pursuant to the provisions of this chapter shall be held by the public official, municipal corporation or other political subdivision or public body or its custodial agent who may not otherwise be a counterparty to the investment transaction. Securities held on the books of the custodial agent by a custodial agent shall be held in the name of the municipal corporation, political subdivision or other public body subject to the public body's order of withdrawal. The responsibilities of the public official, municipal corporation, political subdivision or other public body shall be evidenced by a written agreement that shall provide for delivery of the securities by the custodial agent in the event of default by a counterparty to the investment transaction. As used in this section, "counterparty" means the issuer or seller of a security, an agent purchasing a security on behalf of a public official, municipal corporation, political subdivision or other public body or the party responsible for repurchasing securities underlying a repurchase agreement. The provisions of this section shall not apply to (i) investments with a maturity of less than thirty-one calendar days or (ii) the State Treasurer, who shall comply with safekeeping guidelines issued by the Treasury Board or to endowment funds invested in accordance with the provisions of the Uniform Investment of Institutional Funds Act, Article 1.1 (§ 55-268.1 et seq.) of Chapter 15 of Title 55. (1988, c. 834, § 2.1-329.01; 2001, c. 844.) § 2.24516. Liability of treasurers or public depositors. When investments are made in accordance with this chapter, no treasurer or public depositor shall be liable for any loss therefrom in the absence of negligence, malfeasance, misfeasance, or nonfeasance on his part or on the part of his assistants or employees. (1979, c. 135, § 2.1-329.1; 2001, c. 844.) § 2.24517. Contracts on interest rates, currency, cash flow or on other basis. A. Any state entity may enter into any contract or other arrangement that is determined to be necessary or appropriate to place the obligation or investment of the state entity, as represented by bonds or investments, in whole or in part, on the interest rate cash flow or other basis desired by the state entity. Such contract or other arrangement may include contracts providing for payments based on levels of, or changes in, interest rates. These contracts or arrangements may be entered into by the state entity in connection with, or incidental to, entering into, or maintaining any (i) agreement that secures bonds or (ii) investment, or contract providing for investment, otherwise authorized by law. These contracts and arrangements may contain such payment, security, default, remedy, and other terms and conditions as determined by the state entity, after giving due consideration to the creditworthiness of the counterparty or other obligated party, including any rating by a nationally recognized rating agency, and any other criteria as may be appropriate. The determinations referred to in this subsection may be made by the Treasury Board, the governing body of the state entity or any public funds manager with professional investment capabilities duly authorized by 54 the Treasury Board or the governing body of any state entity authorized to issue such obligations to make such determinations. As used in this section, "state entity" means the Commonwealth and all agencies, authorities, boards and institutions of the Commonwealth. B. Any money set aside and pledged to secure payments of bonds or any of the contracts entered into pursuant to this section may be invested in accordance with this chapter and may be pledged to and used to service any of the contracts or other arrangements entered into pursuant to this section. (2002, c. 407.) § 2.24600. Short title; definitions. This chapter may be cited as the "Local Government Investment Pool Act." (1980, c. 538, §§ 2.1-234.1, 2.1-234.3; 1996, c. 77; 2001, c. 844.) § 2.24601. Findings and purpose. A. The General Assembly finds that the public interest is served by maximum and prudent investment of public funds so that the need for taxes and other public revenues is decreased commensurately with the earnings on such investments. In selecting among avenues of investment, the highest rate of return, consistent with safety and liquidity, shall be the objective. B. The purpose of this chapter is to secure the maximum public benefit from the investment of public funds, and, in furtherance of such purposes to: 1. Establish and maintain a continuing statewide policy for the deposit and investment of public funds; 2. Establish a state -administered pool for the investment of local government funds; and 3. Authorize treasurers or any other person collecting, disbursing, or otherwise handling public funds to invest such public funds either in accordance with Chapter 45 (§ 2.2-4500 et seq.) of this title or through the local government investment pool created by the chapter. C. The General Assembly finds that the objectives of this chapter will best be obtained through improved money management, emphasizing the primary requirements of safety and liquidity and recognizing the different investment objectives of operating and permanent funds. (1980, c. 538, § 2.1-234.2; 2001, c. 844.) § 2.24602. Local government investment pool created. A. A local government investment pool is created, consisting of the aggregate of all funds from local officials handling public funds that are placed in the custody of the State Treasurer for investment and reinvestment as provided in this chapter. B. The Treasury Board or its designee shall administer the local government investment pool on behalf of the participating local officials subject to regulations and guidelines adopted by the Treasury Board. C. The Treasury Board or its designee shall invest moneys in the local government investment pool with the degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Specifically, the types of authorized investments for local government investment pool assets shall be limited to those set forth for local officials in Chapter 45 (§ 2.2-4500 et seq.) of this title. D. A separate account for each participant in the fund shall be kept to record individual transactions and totals of all investments belonging to each participant. A monthly report showing the changes in investments made during the preceding month shall be furnished to each participant having a beneficial interest in the local government investment pool. Details of any investment transaction shall be furnished to any participant upon request. E. The Treasury Board or its designee shall administer and handle the accounts in the same manner as bond and sinking fund trust accounts. F. The principal and accrued income, and any part thereof, of each and every account maintained for a participant in the local government investment pool shall be subject to payment at any time from the local government investment pool upon request, subject to applicable regulations and guidelines. Accumulated income shall be remitted or credited to each participant at least quarterly. 55 G. Except as provided in this section, all instruments of title of all investments of the local government investment pool shall remain in the custody of the State Treasurer. The State Treasurer may deposit with one or more fiscal agents or banks, those instruments of title he considers advisable, to be held in safekeeping by the agents or banks for collection of the principal and interest or other income, or of the proceeds of sale. The State Treasurer shall collect the principal and interest or other income from investments of the investment pool, the instruments of title to which are in his custody, when due and payable. (1980, c. 538, § 2.1-234.8; 1984, c. 320; 1988, c. 834; 2001, c. 844.) § 2.24603. Investment authority. Subject to the procedures set forth in this chapter, any local official handling public funds may invest and reinvest any money subject to his control and jurisdiction in the local government investment pool established by § 2.24602. (1980, c. 538, § 2.1-234.4; 1988, c. 834; 2001, c. 844.) § 2.24604. Interfund pooling for investment purposes. Local officials handling public funds may effect temporary transfers among separate funds for the purpose of pooling amounts available for investment. This pooling may be accomplished through interfund advances and other appropriate means consistent with recognized principles of governmental accounting provided that (i) moneys are available for the investment period required; (ii) the investment fund can repay the advance by the time needed; (iii) the transactions are fully and promptly recorded; and (iv) the interest earned is credited to the loaning or advancing jurisdiction. (1980, c. 538, § 2.1-234.6; 1981, c. 583; 2001, c. 844.) § 2.24605. Powers of Treasury Board relating to the administration of local government investment pool. A. The Treasury Board shall have power to: 1. Make and adopt regulations necessary and proper for the efficient administration of the local government investment pool hereinafter created, including but not limited to: a. Specification of minimum amounts that may be deposited in the local government investment pool and minimum periods of time for which deposits shall be retained in such pool; b. Creation of a reserve for losses; c. Payment of administrative expenses from the earnings of such pool; d. Distribution of the earnings in excess of such expenses, or allocation of losses, to the several participants in a manner that equitably reflects the differing amounts of their respective investments and the differing periods of time for which such amounts were in the custody of the pool; and e. Procedures for the deposit and withdrawal of funds. 2. Develop guidelines for the protection of the local government investment pool in the event of default in the payment of principal or interest or other income of any investment of such pool, such guidelines to include the following procedures: a. Instituting the proper proceedings to collect the matured principal or interest or other income; b. Accepting for exchange purposes refunding bonds or other evidences of indebtedness at appropriate interest rates; c. Making compromises, adjustments, or disposition of matured principal or interest or other income as considered advisable for the purpose of protecting the moneys invested; d. Making compromises or adjustments as to future payments of principal or interest or other income considered advisable for the purpose of protecting the moneys invested. 3. Formulate policies for the investment and reinvestment of funds in the local government investment pool and the acquisition, retention, management, and disposition of investments of the investment pool. B. The Treasury Board may delegate the administrative aspects of operating under this chapter to the State Treasurer, subject to the regulations and guidelines adopted by the Treasury Board. 56 C. Such regulations and guidelines may be adopted without complying with the Administrative Process Act (§ 2.2-4000 et seq.) provided that input is solicited from local officials handling public funds. Such input requires only that notice and an opportunity to submit written comments be given. (1980, c. 538, § 2.1-234.7; 2001, c. 844.) § 2.24606. Chapter controlling over inconsistent laws; powers supplemental. Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, the provisions of this chapter shall be controlling and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law. (1980, c. 538, § 2.1-234.9; 2001, c. 844.) 57 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Establishing the Shore Drive Safety Task Force MEETING DATE: December 20, 2005 ■ Background: Recent fatal accidents have raised concerns about the safety of Shore Drive, especially for pedestrians. Prompt action and innovative solutions are needed to enhance the safety of pedestrian and vehicular traffic. ■ Considerations: The attached resolution would establish a Shore Drive Safety Task Force. Members would include representatives of the Planning, Police, Public Works, and Parks and Recreation departments, as well as representatives of the Shore Drive Advisory Committee and the Shore Drive Community Coalition. The Chief Operating Officer would lead the Task Force, which will propose innovative short-term, mid-term, and long-term solutions to enhance safety on Shore Drive. The Task Force's work will be in addition to the ongoing work on the Shore Drive Intersections Demonstration Project (CIP 2-115). ■ Public Information: Public information will handled through the normal Council agenda process. ■ Attachments: Resolution Recommended Action: Approval Submitted by: Vice -Mayor Jones and Councilmember Wood 1 Requested by Vice -Mayor Louis R. Jones and Councilmember James 2 L. wood 3 A RESOLUTION ESTABLISHING THE 4 SHORE DRIVE SAFETY TASK FORCE 5 WHEREAS, recent fatal accidents on Shore Drive have raised 6 concerns in the community and among members of City Council 7 about the safety of Shore Drive, especially for pedestrians; 8 WHEREAS, it is the sense of City Council that immediate 9 action must be taken to improve the safety of Shore Drive; 10 WHEREAS, City Council also seeks mid- and long-term 11 improvements to Shore Drive to enhance driver and pedestrian 12 safety; 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 1. That City Council hereby establishes the Shore Drive 16 Safety Task Force (the "Task Force"); 17 2. That the City Manager shall appoint as members of the 18 Task Force a Task Force leader from his office Anr9 19 representatives from the departments of Planning, Police, Public 20 Works, and Parks and Recreation; 21 3. That the Shore Drive Advisory Committee and the Shore 22 Drive Community Coalition shall be asked to select one 23 representative from their respective organizations to serve as 24 members of the Task Force; 25 4. That the purpose of the Task Force shall be to serve 26 in an advisory capacity to City Council and the City Manager 27 with respect to safety on Shore Drive. Specifically, the Task 28 Force is charged with the following responsibilities: 29 a. To propose immediate short-term solutions to 30 improve the safety of drivers and pedestrians on 31 Shore Drive. Such solutions shall be ones that 32 can be implemented in less than 180 days. The 33 Task Force shall inform the City Manager 34 expeditiously of such recommendations so his 35 staff may take prompt action to improve the 36 safety of Shore Drive. Such solutions may be 37 temporary in nature; 38 b. To propose mid-term solutions to improve safety 39 on Shore Drive. Such solutions shall be ones 40 that can be implemented in 6 to 18 months. The 41 Task Force shall communicate its recommendations 42 to the Shore Drive Advisory Committee and shall 43 consider that committee's input in finalizing 44 proposed mid-term solutions. The Task Force 45 shall then present its findings and 46 recommendations to the City Council and the City 47 Manager; 48 C. To propose long-term solutions to improve safety 49 on Shore Drive. Such solutions shall be ones 50 that require 18 to 36 months to implement. Such 51 solutions shall address, among other things, a 52 continuous pedestrian trail system. The Task 53 Force shall communicate its recommendations to 54 the Shore Drive Advisory Committee and shall 55 consider that committee's input in finalizing 56 proposed long-term solutions. The Task Force 57 shall then present its findings and 58 recommendations to the City Council and the City 59 Manager; 60 d. To submit monthly written reports to City Council 61 and the Shore Drive Advisory Committee, with the 62 first report to be submitted within 30 days of 63 the adoption of this resolution; 64 5. That the Task Force is hereby tasked and challenged to 65 propose innovative solutions; and 66 6. That the Task Force's work shall not supplant but 67 instead shall be in addition to the ongoing work on the Shore 68 Drive Intersections Demonstration Project (CIP 2-115). 69 Adopted by the Council of the City of Virginia Beach, 70 Virginia on the day of , 2005. Approved as to Legal Sufficiency: City Attorney's Office CA9836 H:\PA\GG\OrdRes\Shore Drive STF RES.doc December 15, 2005 R5 �inN �C CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $6,792,998 in FY 2004-05 Virginia Beach School Reversion Funds to the FY 2005-06 Schools Operating Budget and FY 2005-06 Capital Improvement Program MEETING DATE: December 20, 2005 ■ Background: A true -up analysis of the City/School Revenue Sharing Formula for FY 2004-05 reveals $6,792,998 in excess revenue due to Schools under the formula. This is in addition to the $10,440,838 in School reversion funds that City Council appropriated on October 25, 2005. On December 6, 2005, the School Board adopted a resolution recommending amendments to the FY 2005-06 School Operating Budget and the FY 2005-06 Capital Improvement Program in the total amount of $6,792,988. ■ Considerations: The School Board requests City Council approval of the allocation of $6,792,988 in FY 2005-06 reversion funds as follows: o $1,500,000 to the Instructional Category of the School Operating Budget for SOL Incentive Funds for schools; o $1,448,021 to the School Reserve Special Revenue Fund; o $1,008,832 to CIP # 1-195, Student Data Management System, for the K-12 Grade Book and Data Analysis; o $300,000 to CIP # 1-011, Equipment and Vehicle Replacement, to replace copiers and risographs in schools; o $700,000 to CIP # 1-211, School Operating Budget Support, to replace Middle and High School language labs with wireless language labs; and o $1,836,145 to CIP # 1-227, Windsor Woods Elementary School Replacement. ■ Public Information: The resolution requesting these appropriations was approved by the School Board at its December 6, 2005 public meeting. Information will be disseminated to the public through the normal Council agenda process. A public hearing notice was published in the Beacon on December 11, 2005. A public hearing will be held on December 20, 2005, as required to amend the FY 2005-06 Capital Improvement Program. ■ Recommendations: It is recommended that the City Council adopt this ordinance. ■ Attachments: School Board Resolution dated December 6, 2005 Ordinance Recommended Action: Approve Ordinance Submitting Department/Agency: Management Services ij City Manager:k- V 1 AN ORDINANCE TO APPROPRIATE 2 $6,792,998 IN FY 2004-05 VIRGINIA 3 BEACH SCHOOL REVERSION FUNDS TO 4 THE FY 2005-06 SCHOOLS OPERATING 5 BUDGET AND FY 2005-06 CAPITAL 6 IMPROVEMENT PROGRAM 7 WHEREAS, a total amount of $6,792,998 in FY 2004-05 8 Virginia Beach Public School reversion funds are available for 9 appropriation; and 10 WHEREAS, by resolution dated December 6, 2005, the School 11 Board formally requested the City Council to approve the 12 appropriation of school reversion funds to the FY 2005-06 13 Capital Budget and School Operating Budget. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 1. That $6,792,998 in school reversion funds are hereby 17 appropriated from the fund balance of the General Fund to the FY 18 2005-06 Capital Budget and School Operating Budget in the 19 amounts and for the purposes set forth below: 20 (a) $1,500,000 to the Instructional Category of the School 21 Operating Budget for SOL Incentive Funds for schools; 22 (b) $1,448,021 to the School Reserve Special Revenue Fund; 23 (c) $1,008,832 to CIP #1-195, "Student Data Management 24 System", for the K-12 Grade Book and Data Analysis; 25 (d) $700,000 to CIP #1-211, "Operating Budget Support", to 26 replace the Middle and High School Language Labs with wireless 27 language labs; 28 (e) $300,000 to CIP Project # 1-011, "Equipment and 29 Vehicle Replacement", to replace copiers and risographs in 30 schools; and 31 (f) $1,836,145 to CIP #1-227, "Windsor Woods Elementary 32 School Replacement". 33 2. That estimated revenue from use of the Fund Balance of 34 the General Fund is increased by $6,792,998. 35 Adopted by the Council of the City of Virginia Beach, 36 Virginia on the day of , 2005. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA9835 H:/PA/GG/ordres/2005 Reversion ORD #2 R-2 December 7, 2005 \4VIRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE SCHOOL BOARD Daniel D.Edwards RESOLUTION REGARDING FY2004/2005 Chairmen District 1 -Centerville ACTUAL OVER BUDGET FUND 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h) • 7t7-0259 (cell) Sandra 1 (h)-717-0 WHEREAS, the Revenue Sharing Policy provides for the application of the formula to any actual Via Chairman revenues in excess of budgeted revenues, and District 2 — Kempsville 05 Rock Creek Beach, VA2WHEREAS, the FY 2004/05 Actual Over Budget provides $6,792,998 for allocation by the School Board 490-8167(h) to non -recurring purposes; and Rife Sweet Bef itto At -Large WHEREAS, the Administration recommends the following uses for the $ 6.7 million available: P.O. Box 64909 VA Beach, 4 8-0960 (`A 23467 . $1,500,000 to the Operating Budget Instructional Category for SOL Incentive Funds for schools Jane S. Brooks • $1,448,021 to the School Reserve Special Revenue Fund bringing the total in the fund to $ 4,344,063 District 6-Beach a $1,008,832 to CIP Project 1-195, for the K-12 Grade Book and Data Analysis VA Beach, VA 23454 • $ 300,000 to CIP Projectl-011 Equipment and Vehicle to replace Copiers and Risographs in schools. 425.1597 (h) . $ 700,000 to CIP Project 1-211 School Operating Budget Support to replace the Middle and High Emma L. "Em" Davis School Language Labs with wireless language labs 1125 ichaeW aven od Dr $ 1,836,145 to CIP Project 1-227 Windsor Woods Elementary School 1125 Micdraelwood Drive • VA Beach, VA 23452 34a6911 (h) Now, therefore, be it Edward F. Fissinger, Sr. At -Large RESOLVED: That the Board approves the recommended uses of the FY 2004/05 Actual Over Budget 412 Becton Place VA Beach, VA 23452 funds as presented by the Administration; and be it further 488.4567(h) Dan R. Lowe RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the District 4 - Bayside Clerk of the Board is directed to deliver a copy s resolution to the May of this or, each member of City Council, 4617 Red Coat Road VA Beach, VA 23455 the City Manager, and the City Clerk. 490.3681 (h) Michael W. Stewart Adopted by the School Board of the City of Virginia Beach this 6th day of December 2005. District 3 - Rose Hal 105 Brentwood Court VA Beach, VA 23452 498-4303 (h) • 445-4637 (w) Arthur T. rate SEAL At -Lam Daniel D. Edwards, Chairman 1709 Ladysmith Mews VA Beach, VA 23455 46D-5451 (h) Carolyn D. Weems Attest: 1420 Claudia Drive VA Beach, VA 23455 464.6674 (h) Dianne P. Alexander, Clerk of the Board Lois S. Williams, Ph.D. District 7 — Princess Anne 2532 Las Corrales Court VA Beach, VA 23456 816.6107 (cell) • 961-3734 (w) INTERIM SUPERINTENDENT Shelia S. Magula, Ed.D. 2512 George Mason Drive VA Beach, VA 23456 263-1007 School Administration Building • 2512 George Mason Drive • P.O. Box 6038 • Virginia Beach, VA 23456-0038 www.vbschools.com,Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $100,000 from the Department of Justice to the FY 2005-06 Operating Budget of the Commonwealth's Attorney MEETING DATE: December 20, 2005 ■ Background: As part of the President's Project Safe Neighborhood gun crime initiative, the United States Department of Justice approved grants for each of the 93 federal districts. The grants are designated to benefit local law enforcement efforts to investigate and prosecute gun crime. Again this year, the United States Department of Justice awarded the Virginia Beach Commonwealth's Attorney's a Project Safe Neighborhood Grant to be used to hire an attorney to prosecute unlawful possession and use of weapon cases in Virginia Beach and Norfolk. Under a Memorandum of Understanding, this attorney will prosecute cases in Virginia Beach and Norfolk, but the Virginia Beach Commonwealth's Attorney will oversee this prosecutor and provide office space. It is anticipated that the Commonwealth's Attorney in each city will designate selected cases to be prosecuted by the jointly shared Project Safe Neighborhood prosecutor. The cases will involve charges such as possession of a firearm by a felon, use of a firearm in the commission of a crime of violence, and use of a firearm in the commission of a drug trafficking crime. ■ Considerations: This is a continuation of the Project Safe Neighborhood grant which was awarded in August, 2004. The new grant period runs from January 16, 2006 to January 15, 2007. The grant will fund salary and benefits for an Assistant Commonwealth's Attorney as well as associated office supplies, furniture, travel, and temporary clerical help. It is understood that this position is a grant funded position and is subject to termination at the end of the grant period. The City is under no obligation to continue to fund the position when the grant expires. ■ Public Information: Public information will be handled through the normal agenda process. ■ Recommendations: Adopt the ordinance to accept and appropriate the Project Safe Neighborhood grant funds and approve the continuation of one full-time Assistant Commonwealth's Attorney position in the Commonwealth's Attorney's FY 2005-06 Operating Budget to prosecute gun crimes in Virginia Beach and Norfolk. ■ Attachments: Ordinance and Grant Award Letter Recommended Action: Adopt Ordinance Submitting Department/Agency: Office of the Commonwealth's Attorney City Manage �- 1 �&zt 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE $100,000 FROM THE 3 DEPARTMENT OF JUSTICE TO THE FY 4 2005-06 OPERATING BUDGET OF THE 5 COMMONWEALTH'S ATTORNEY TO PROSECUTE 6 GUN CRIMES 7 WHEREAS, the Virginia Beach Commonwealth's Attorney has been 8 awarded a Project Safe Neighborhood Grant by the United States 9 Department of Justice to hire an attorney to prosecute unlawful 10 possession and use of weapon cases in Virginia Beach and Norfolk; 11 and 12 WHEREAS, under a Memorandum of Understanding, this attorney 13 will prosecute cases in Virginia Beach and Norfolk, with the 14 Virginia Beach Commonwealth's Attorney overseeing this prosecutor 15 and providing office space. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 1. That $100,000 is hereby accepted from the United States 19 Department of Justice and appropriated to the FY 2005-06 Operating 20 Budget of the Commonwealth's Attorney for the prosecution of gun 21 crimes, with federal revenue increased accordingly. 22 2. That one full-time Assistant Commonwealth's Attorney 23 position is hereby authorized in the FY 2005-06 Operating Budget of 24 the Commonwealth's Attorney, with the understanding that this 25 position is contingent on future funding from the United States 26 Department of Justice. 27 Adopted by the Council of the City of Virginia Beach, Virginia 28 on the day of 2005. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Management Services City Attorney Office CA9842 H:\PA\GG\OrdRes\Project Safe Neighborhood ORD R-2 December 8, 2005 EIN #54-6000803 PRESIDENT Chief Philip Broadfoot Danville IMMEDIATE PAST PRESIDENT Col. Henry Stanley, Jr. Henrico County 1 ST VICE PRESIDENT Col. Charles Bennett, Jr. Lynchburg 2ND VICE PRESIDENT Chief William H. Brown Blacksburg 3RD VICE PRESIDENT Chief J. Michael Yost Williamsburg EXECUTIVE COMMITTEEMEN Chief Ray Lavinder Roanoke County Col. Richard Rappoport Fairfax City Col. M. Douglas Scott Arlington County Chief Mark Marshall Smithfield Chief Debra Duncan Virginia Tech EXECUTIVE DIRECTOR Dana G. Schrad MEMBERSHIP MANAGER Audrey F. Altovilla PROGRAMS DIRECTOR Frank J. Kowaleski TRAFFIC SAFETY SPECIALISTS Don Allen Bob Wall WEBMASTER/ GRAPHIC DESIGNER Erin Schrad V RGINIA ASSOCIATION OF CHIEFS OF POLICE November 23, 2005 The Honorable Harvey L. Bryant, Commonwealth's Attorney City of Virginia Beach 2425 Nimmo Parkway, 10B/2nd Floor Virginia Beach VA 23456 RE: Project Safe Neighborhoods Subgrant #EDVA-2003GPCX0543-003-A Dear Mr. Bryant: We are pleased to inform you that grant funds administered by the Virginia Association of Chiefs of Police in the amount of $100,000 have been awarded to the City of Virginia Beach, Office of the Commonwealth's Attorney. The funding is from the Project Safe Neighborhoods grant program of the U. S. Department of justice appropriated for the Eastern District of Virginia, and is administered by the Virginia Association of Chiefs of Police (VACP). Your request to fund an Assistant Commonwealth's Attorney for a one-year period, from January 16, 2006 —January 15, 2007 for the prosecution of illegal weapons possession and usage has been approved by the VACP at the direction of the Honorable Paul McNulty, United States Attorney for the Eastern District of Virginia. The one-year term of this grant is a continuation of the Project Safe Neighborhoods grant awarded in August, 2004. I will contact you if I require any revisions to the budget for this continuation grant submitted by your office. I will periodically request progress and financial reports on this grant award, and final progress and financial reports at the conclusion of the grant term. Please let me know if you have any questions about this grant award. Sincerely, Dana G. Schrad Executive Director 1606 Santa Rosa Road, Suite 134 • Richmond, VA 23288 TEL: (804) 285-8227 • FAX: (804) 285-3363 • URL: http://www.vachiefs.org M. APPOINTMENTS BEACHES and WATERWAYS COMMISSION GOVERNANCE COMMITTEE FOR HISTORIC SITES HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE — PPEA OLD BEACH DESIGN REVIEW COMMITTEE PERSONNEL BOARD (Alternates) RESORT ADVISORY COMMISSION (RAC) SHORE DRIVE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORAITON (VBCDC) N. UNFINISHED BUSINESS O. 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