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HomeMy WebLinkAboutDECEMBER 20, 2005 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYORMEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W SCHMIDT, At-Large RON A VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY HALL BUiLDING 2401 COURTHOUSE DRIVE VIRGINiA BEACH, ViRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC 20 December 2005 1. CITY COUNCIL COMMENTS - Conference Room - 2:30 PM II. REVIEW OF AGENDA ITEMS III. INFORMAL SESSION - Conference Room - 3:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 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 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 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 9221.1 and ADD Article 18, 991800 - 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 Interfaci1ity 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, 99401,501,601,801,901, 1001 and 1110 prohibiting incompatible uses in Agricultural, Residential, Apartment, Office, Business, Industrial and PD-H1 zoning districts within Accident Potential Zone 1 (APZ-l) 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 91542 and 1543 to revise density restrictions in the RT-3 (LRG) Laskin Road Gateway Overlay District (deferred on December 6, 2005) 9. AMEND CZO 9102 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 991900-1906 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 9111 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 9200 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 92 (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-l 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: RECOMMENDATION: May 11, 2004 and November 8, 2005 APPROVAL 3. Variance to 94.4 (b) ofthe 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 - L YNNHA VEN) 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-IO Residential District to Conditional R-I0 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 ofJune 15,2005, for access (approved by City Council on December 14,2004) RECOMMENDATION: APPROV AL 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: APPROV AL 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 re SOL Incentive Funds $1,500,000 b. School Reserve Special Revenue Fund $1,448,021 c. Student Data Management System re K-12 grade book and data analysis $1,008,832 d. Equipment and Vehicle Replacement re copiers and risographs $ 300,000 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 CORPORATION (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 l2/20/2005gw www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 20 December 2005 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL INFORMAL SESSION in the Council Conference Room, City Hall, on Tuesday, December 20,2005, at 2:30 P.M. Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None - 2 - CITY COUNCIL COMMENTS 2:30 P.M. ITEM # 54733 Mayor Oberndorf referenced Councilman Villanueva's request to co-sponsor a Resolution and distributed a copy re photo-monitoring systems: Resolution to REQUEST the General Assembly support legislation authorizing photo-monitoring systems (red light cameras) to enforce traffic light signals and public safety enhancement. Mayor Oberndorf advised red light violations at the intersections previously equipped with photo-monitoring equipment have increased dramatically since the State Law authorizing their use expired on July 1, 2005, ITEM # 54734 Councilman Villanueva referenced citizen concerns re intrusion of rights-oj:way for installation of cable by Verizon. Councilman Villanueva requested the City Staff present a report relative this issue. Councilman Villanueva distributed a photograph depicting the amount of intrusion into an individual's yard. Mayor Oberndorf advised Verizon came through her backyard and then came back unannounced. Much confusion was caused due to her pets being in the yard. ITEM # 54735 Mayor Oberndorf referenced the shooting in the "Wings of Paradise" Bar, Newtown Road, on Sunday, December 18, 2005. One man was shot to death and two others were injured in an early morning occurrence at the Bar. Mayor Oberndorf expressed concern re guns being allowed in a Bar. ITEM # 54736 Councilman Reeve expressed appreciation for staffsupport at his Princess Anne Town Hall Meeting on December 19, 2005, Building 19 (Human Resources Training Center) at 7:00 P.M. Councilman Reeve extended special appreciation to Betsy McBride, Media and Communications, and Jeff S. Waller, Engineering - Public Works, for compiling all information. One of the "hotter" topics was the parking situation at Kellam High School. Councilman Reeve advised Dr. Lois S. Williams, Princess Anne _ District 7 representative, attended with members of the Faculty. Dr. Williams encouraged all to attend the Virginia Beach School Board Meeting tonight, December 20, 2005, to speak relative this parking situation. One of the main issues is the opening of the back lot, as parking had been lost with the installation of portables. The only access currently to this back lot is through the neighborhood. Public Works is going to stripe the intersection with a Stop Bar, so everyone is aware it is one- way-in and one- way-out. A method will attempt to be found to internalize the traffic onto Kellam High School. A short term solution is to also have another Security officer to be at the end of the intersection to expedite the students out of the neighborhood as well as ensuringproper behavior, This comingyear, Kellam will redistrict approximately four hundredfifty (450) students. Councilman Reeve discussed with E. Dean Block, Director - Public Works, the possibility of utilizing the Dominion Power right-of-way. A long term solution would be a new Kellam High School, Mayor Oberndorf advised receiving calls over the past three (3) months re this issue and she has referred them to the City Engineers. December 20, 2005 ------------~ I - 3 - AGE N DA REV IE W S E S S ION 2:40 P.M. ITEM # 54737 K.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 9221.1 and ADD Article 18, 991800 - 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 InterfacUity 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, 99401, 501, 601, 801,901, J001 and 1110 prohibiting incompatible uses in Agricultural, Residential, Apartment, Office, Business, Industrial and PD-H 1 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 inRT-1, RT-2 And RT-3 Resort Tourist and Laskin Road Gateway Districts (deferred on December 6, 2005) December 20, 2005 - 4 - AGE N DA REV IE W S E S S ION ITEM # 54737 (Continued) 8. AMEND CZO 31542 and 1543 to revise density restrictions in the RT-3 (LRG) Laskin Road Gateway Overlay District (deferred on December 6, 2005) 9. AMEND CZO 3102 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 331900-1906 re use regulations, dimensional requirements, design incentives and the Old Beach Design Review Committee for the Old Beach (DB) Overlay District (deferred on December 6, 2005) 12, AMEND CZO 3111 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 3200 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 32 (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 (I994) and incorporating the Oceanfront Resort Area Plan (November 2005) (deferred on December 6,2005) December 20, 2005 - 5 - AGE N DA REV IE W S E S S ION ITEM # 54737 (Continued) 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. These items shall be discussed during the Formal Session with a Briefing by Associate City Attorney Becky Kubin. re Voluntary Purchase Program for Qualifying Duplex Properties in APZ-1. ITEM # 54738 K.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) This item shall be heard after the Ordinances re the Base Realignment and Closure Commission (BRAC) Compliance Plan. 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 ITEM # 54739 K.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 ClassificationfromAG-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. Councilman Diezel is concerned re bulk storage of petroleum products. Robert Scott, Director of Planning, advised the bulk storage was indicated to be primarily lumber and garden supplies. ITEM # 54740 BY CONSENSUS, these items shall compose the PLANNING BY CONSENT AGENDA: K.3. Variance to 94.4 (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 - LYNNHA VEN) December 20,2005 - 6- AGENDA RE VIE W SESSION ITEM # 54741 K.4. Applications re incorporation of property into an adjacent single-family residential development at 4704 and 4708 Indian River Road: (DISTRICT 1 - CENTER VILLE) a. INDIAN POINT, L.L.C. for a Chanf!e of Zoninf! 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) K.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 ClassificationfromA G-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, Vice Mayor Jones ABSTAINED on Item K.3,re William and Whitney West for a Variance to 94.4 (b) of the Subdivision Ordinance. Vice Mayor Jones is a member of the Board of Directors of Resource Bank and receives more than $10,000 annually in compensation as a member of the Board. Resource Bank has extended a line of credit to this applicant. Vice Mayor Jones disclosed this interest and abstained from discussion and vote on this item. Vice Mayor Jones ABSTAINED on Item K. 4.a/b re INDIAN POINT, L.L. C.for a Chanf!e ofZoninf! District Classification and HOLLIS ROAD ASSOCIA TES, L.L. C. and INDIAN POINT, L.L. C. for a Modification of Proffers. Vice Mayor Jones is a member of the Board of Directors of Resource Bank and receives more than $10,000 annually in compensation as a member of the Board. Resource Bank has extended a line of credit to this applicant, Vice Mayor Jones disclosed this interest and abstained from discussion and vote on this item. Council Lady Wilson ABSTAINED on Item K.4.a/b re INDIAN POINT, L.L.C. for a Chanf!e of Zoning District Classification and HOLLIS ROAD ASSOCIATES, L.L.C. and INDIAN POINT, L.L.C. for a Modification of Proffers. Her husband is a Principal in the accountingfirm of Goodman and Company and earns compensation which exceeds $10,000 annually, The applicant is a client of Goodman and Company, Council Lady Wilson's husband personally provides services to the applicant. Mayor Oberndorfwill vote a VERBAL NAY on Item K.3., K.4a/b Indian Point, L.L.c. and Hollis Road Associates, LLC. and K.5 a/b (Marvin M and Gayle B. Rollins) Council Lady McClanan will vote a VERBAL NAY on Item K.3 (William and Whitney West) Councilman Villanueva will vote a VERBAL NAY on Item K.4a/b (Indian Point, L.L.c. and Hollis Road Associates, L.L. C. December 20,2005 - 7- AGE N DA REV IE W S E S S ION ITEM # 54742 Mayor Oberndorf and Councilman Villanueva jointly sponsored a Resolution: Resolution to REQUEST the General Assembly support legislation authorizing photo-monitoring systems (red light cameras) to enforce traffic light signals and public safety enhancement. This Resolution shall be ADDED to the Agenda. ITEM # 54743 L.2. Resolution to ESTABLISH the City Manager's advisory Shore Drive Safety Task Force re enhancing pedestrian and vehicular traffic safety. Council Lady McClanan expressed concern and wished to have citizen input. Councilman Wood advised the Shore Drive Safety Task Force 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 (which are citizens committees). The Chief Operating Officer, Charles W. Meyer, will lead the Task Force. Citizen concerns should be directed to the Task Force. Of the seven (7) members, two (2) members would be citizens. A Petition containing over 1600 signatures in support of enhancing pedestrian and vehicular traffic safety may be presented during the Formal Session. ITEM # 54744 BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA: RESOLUTIONS/ORDINANCES L.1. Resolution re a revised Investment Policy for City funds re the City Treasurer's compliance with Virginia Code and current investment practices. L.2, Resolution to ESTABLISH the City Manager's Advisory Shore Drive Safety Task Force re enhancing pedestrian and vehicular traffic safety, December 20, 2005 - 8- AGENDA RE VIE W SESSION ITEM # 54744 (Continued) L.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 re SOL Incentive Funds b. School Reserve Special Revenue Fund c, Student Data Management System re K-12 grade book and data analysis d. Equipment and Vehicle Replacement re copiers and risographs e, Middle and High School language labs f Windsor Woods Elementary School replacement L. 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, $1,500,000 $1,448,021 $1,008,832 $ 300,000 $ 700,000 $1,836,145 December 20,2005 - 9- ITEM # 54745 Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended,for thefollowingpurpose: PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Beaches and Waterways Commission Governance Committee for Historic Sites Historical Review Board Investment Partnership Advisory Committee- PPEA Minority Business Council Old Beach Design Review Committee Personnel Board (Alternates) Resort Advisory Commission (RAC) Shore Drive Advisory Committee Virginia Beach Community Development Corporation (VBCDC) PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2,2-3711(A)(3), Princess Anne District - ARP PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms of scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2,2-3711 (A)(30) Military Liaison LEGAL MA TTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). BRA C Issues Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION (3:07 P.M.). December 20,2005 - 10- ITEM # 54745 (Continued) Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None (Closed Session: 3:07 P.M. - 5:05 P.M.) (School Board Reception: 5:05 P.M. - 5:30 P.M.) (Dinner: 5:30 P.M. - 5:58 P.M.) December 20, 2005 - 11 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 20,2005 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 20, 2005, at 6:00 P.M Council Members Present: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Thomas Britton Pastor, Retired PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transact ions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and ofwhich she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. December 20,2005 - 12- MAYOR'S PRESENTATION ITEM# 54746 Mayor Oberndorf announced the Landstown High School Madrigal Singers will be performing, (singing favorite Christmas carols), before the City Council at the Formal Session. Martha Springstead is the Choir Director. The Singers were formed with the founding of Landstown High School in the Fall of 2001. The Mandrigal Singers are an auditioned group of 1 (J'h, 1 ph and 12th grade students who have received superior ratings at District Festival, the Heritage Festivals in Washington, D.C. and the Heritage Festivals of God in New York City. The Mandrigal Singers have been chosen from choirs nation-wide to participate in the Disney Honors Choir this Spring, as one of only eighteen (I8) choirs performing. In the past four (4) years, the Landstown Madrigal Singers have performed infour (4) yearly concerts and many of the singers have been active in the Fire Arts Department musicals every Spring. They have placed singers in Senior Honors Choir and All- Virginia Choir for the past three (3) years. Landstown High School and Technology Academy is proud to have these fine singers representing their school. Tghe Mayor presented all members with the City Seal pin. Councilman Villanueva arranged for the performance as a surprise to the Mayor and City Council. December 20, 2005 - 13- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 54747 Upon motion by Councilman Dyer, seconded by Vice Mayor Jones, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 20, 2005 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 54745, page 9, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711(A) 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. ~~ uth Hodges Smith, MMC City Clerk December 20, 2005 - 14 - Item V-F.J. MINUTES ITEM #54748 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED Minutes of the SPECIAL INFORMAL JOINT BRAC COMMITTEE SESSION of November 21, 2005 and the INFORMAL AND FORMAL SESSIONS of December 13, 2005. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 20, 2005 - 15 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #54749 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADD-ON Resolution to REQUEST the General Assembly support legislation authorizing photo-monitoring systems (red light cameras) to enforce traffic light signals and public safety enhancement. Resolution December 20,2005 - 16- Item V-H.J. PUBLIC HEARING ITEM #54750 Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING: AMENDMENT TO THE FY 2005-2006 SCHOOL CAPITAL BUDGET There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 20,2005 - 17- Item V-L1. PUBLIC COMMENT ITEM #54751 Mayor Meyera E. Oberndorf INVITED PUBLIC COMMENT: HISTORIC KEMPSVILLE PLAN There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC COMMENT. December 20, 2005 - 18- Item V-K. PLANNING ITEM # 54752 Ordinance re the City's plan for compliance with the Base Realignment and Closure Commission's decision re Naval Air Station Oceana and related Ordinances; requesting the members of the City's General Assembly Delegation sponsor and support legislation necessary to implement such plan; and authorizing the acquisition of interests in certain property in Accident Potential Zone 1 and the Interfacility Traffic Area. K.1. ORDINANCES RE THE BASE REALIGNMENT AND CLOSURE COMMISSION (BRA C) COMPLIANCE PLAN a. REORDAIN and REPEAL the 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 2. AMEND the Comprehensive Plan to incorporate the NAS Oceana - NALF Fentress Interfacility Traffic Area Map 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 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 6. AMEND 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-l) December 20, 2005 J - 19- Item V-K. PLANNING ITEM # 54752 (Continued) 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 8. AMEND CZO 91542 and 1543 to revise density restrictions in the RT-3 (LRG) Laskin Road Gateway Overlay District 9. AMEND CZO 9102 to establish the Old Beach Overlay District 10. AMEND the Official Zoning Map by ADDING the Old Beach Overlay District n. ADD 991900-1906 re use regulations, dimensional requirements, design incentives and the Old Beach Design Review Committee for the Old Beach (OB) Overlay District 12.AMEND CZO 9111 redefining ancilliary single-family dwelling unit, modifying the definition of yard, and establishing a definition for interior yard and mixed use 13. AMEND CZO 9200 re allowing ancillary single-family dwellings on the same lot as a separate single-family dwelling 14. AMEND and REORDAIN the Site Plan Ordinance 92 (Appendix C) to require site plan review of ancillary single-family dwelling units and separate single-family dwelling units on the same lot 15. AMEND the Comprehensive Plan by incorporating the Resort Area Design Guidelines 16. AMEND the Comprehensive Plan by incorporating the Old Beach Design Guidelines 17. AMEND the Comprehensive Plan by REPEALING the Oceanfront Resort Area Concept Plan (I994) and incorporating the Oceanfront Resort Area Plan December 20, 2005 Item V-K. PLANNING - 20- ITEM # 54752 (Continued) b. Land Acquisition Plans: K.2. CHRISTIAN CHAPEL ASSEMBLY OF GOD K.3. WILLIAM and WHITNEY WEST K.4. a. INDIAN POINT, L.L.C b. HOLLIS ROAD ASSOCIATES, L.L.C and INDIAN POINT, L.L.C K.5. MARVIN M. and GAYLE B. ROLLINS 18. AMEND Chapter 4 of the Comprehensive Plan re the Oceanfront Resort Area Concept Plan. 1. APZ-1 Use and Acquisition, dated December 14, 2005 2. Interfacility Traffic Area Acquisition, dated December 15, 2005. CONDITIONAL USE PERMIT VARIANCE CONDITIONAL CHANGE OF ZONING MODIFICATION OF PROFFERS re Concept Plan of June 15, 2005, for access (Approved December 14,2004) CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT December 20, 2005 - 21 - Item V-K. PLANNING ITEM # 54753 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION Items 3, 4a/b and 5 a/b of the PLANNING BY CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Mayor Oberndorfwill vote a VERBAL NAY on Item K.3., K.4a/b Indian Point, L.L.c. and Hollis Road Associates, L.L.c. and K.5 (Marvin M. and Gayle B, Rollins) Council Lady McClanan will vote a VERBAL NAY on Item K.3 (William and Whitney West) Councilman Villanueva will vote a VERBAL NAY on Item K.4a/b (Indian Point, LLC. and Hollis Road Associates, L.L. C.) Vice Mayor Jones ABSTAINED on Item K.3.re William and Whitney Westfor a Variance to ~4.4 (b) of the Subdivision Ordinance. Vice Mayor Jones is a member of the Board of Directors of Resource Bank and receives more than $10,000 annually in compensation as a member of the Board. Resource Bank has extended a line of credit to this applicant. Vice Mayor Jones disclosed this interest and abstained from discussion and vote on this item. Vice Mayor Jones ABSTAINED on Item K. 4. a/b re INDIAN POINT, L.L.C.for a ChanJle ofZoninJl District Classification and HOLLIS ROAD ASSOCIA TES, L.L. C. and INDIAN POINT, L.L. C.for a Modification of Proffers. Vice Mayor Jones is a member of the Board of Directors of Resource Bank and receives more than $10,000 annually in compensation as a member of the Board. Resource Bank has extended a line of credit to this applicant. Vice Mayor Jones disclosed this interest and abstained from discussion and vote on this item. Council Lady Wilson ABSTAINED on Item K.4.a/b re INDIAN POINT, L.L.C.for a ChanJle ofZoninJl District Classification and HOLLIS ROAD ASSOCIATES, L.L.C. and INDIAN POINT, L.L.C. for a Modification of Proffers. Her husband is a Principal in the accountingfirm of Goodman and Company and earns compensation which exceeds $ 10,000 annually. The applicant is a client of Goodman and Company. Council Lady Wilson's husband personally provides services to the applicant. December 20,2005 - 22- Item V-K.I. PLANNING ITEM #54754 Mayor Oberndorf requested the City Attorney's staff present information concerning the Modification to APZ-1 Use and Acquisition Plan. Associate City Attorney Becky Kubin described the Voluntary Purchase Program for Qualifying Duplex Properties in APZ-l. This plan was drawn in response to the land owners' concerns re the duplex properties, which are not allowable when the APZ-1 Ordinance becomes effective. Qualifying Duplex Properties Applies only to properties that meet the following criteria: 1. Located in APZ-1 2, Currently improved with a single-family home 3. Duplex use was legally and physically possible before the adoption of the APZ-1 Ordinance. (a) zoning district allowed "by-right" duplex development (b) physical features made duplex use a reasonable option (c) property has no title restrictions preventing duplex use The City will purchase qualifying duplex properties at the owner's request (total purchase, including the duplex lot and improvements). The purchase will be by voluntary agreement (no condemnation) The City will pay fair 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 vacant duplex lot) as if the APZ-1 Ordinance's prohibition against new residential development does not apply. The City will pay for an appraisal of the property after the City and the owner have agreed on an appraiser. Owners can elect to participate in the program at any time so long as funds are available. City's Options After Purchase After eliminating the potential for duplex development, the City may: Sell the house and lot to a third party for continued use as a single-family home Lease the house and property to a third party for residential use Demolish the improvements and sell the lot to adjacent landowners For suitable properties: Rezone the property to nonresidential zoning classification and sell or lease the property for new development compatible with the OPNA V Instruction If the City decides to sell or lease property for continued residential use, the City will cause noise attenuation measures to be performed on the single-family home prior to occupancy. December 20,2005 - 23- Item V-K.l. PLANNING ITEM #54754 (Continued) PURCHASE PRIORITY Beginning January 1, 2006 Property owners notifY City Manager by letter Priority of purchase shall be by date the individuals' letter is received, earliest to latest, except: No Reasonable Use: First priority to properties without a reasonable use Hardship: City Council may elevate the priority of property owners who suffer a demonstrated hardship Purchases of eligible property shall be made in order of above priorities upon approval of the City Council, to the extent that funds are available each fiscal year. BRAC/JLUS ORDINANCES The following registered to speak: Captain Patrick Lorge, Commander - Naval Air Station Oceana, Phone: 433-2922, addressed the Navy's perspective on continuing discussions with Virginia Beach and other surrounding NAS Oceana communities involved in the Joint Land Use Study (JLUS). Commander Lorge clarified the actions taken by the Navy while participating in the JLUS process do not reflect any judgment relative to ongoing Base Realignment and Closure Commission (BRA C) process. Compliance with BRAC is in the purview of the Department of Defense Investigator General, not the Department of the Navy. Through the open JLUS communication, no change to the flight operations re training and maintaining the capability of Oceana and Fentress to operate 24-hours a day, 7 -days a week, if required, can be ensured. Oceana plays a vital role in the Nation's defense and Global War on Terror. The Honorable Owen B, Pickett, represented the Save Oceana Coalition, comprised of a group of regional business entities. The Coalition endorsed the Ordinances and urged adoption, Linwood Branch, President - Virginia Beach Hotel/Motel Association, commented solely re Resort Area issues. Resort Area Redevelopment offers a unique opportunity to transform some of the most valuable real estate in the Commonwealth into the type of experience that will inspire pride among our citizenry and draw visitors. It is important to continue to develop and refine the details of the design standards relating to Resort development. The Hotel/Motel Association endorses the Resort section of the documents. Joe Ferrara, 209 Cheltenham Drive, Phone: 572-9236/498-0650, represented residents ofCheltenham Square, Brookgreen Commons, Gatewood Park and London Bridge Manor. The acquisition and compensation plan does not represent any sort of compromise with those being asked to surrender the burden of the cost to save Oceana. The plan does not assist those residents that desire to remain in the neighborhoods and intend to develop their land as an income source. The rezoning and AICUZ ordinance should not be approved without the corresponding Acquisition and Compensation Plan. December 20,2005 - 24- Item V-K.1. ITEM #54754 (Continued) Billy Almond, Chairman - Resort Advisory Commission, 209 70th Street, Phone: 422-9522, spoke in support of the Oceanfront Resort Concept Plan and Design Guidelines. Mr. Almond expressed appreciation to City Staff (Robert Scott, Stephen White, Karen Lasley, Debbie Zywna and Faith Christie) for their gallant efforts. Reverend William Cashman, 218 Plains View Road, Williamsburg, Phone: 566-3665, owner of commercial property, ~ of which is in the APZ1, He will not be compensatedfor devalued land. Barbara Cashman Duff, 2209 Newbern Lane, Phone: 481-3832. Mrs, Duff's great grandfather purchased most of the property on the southern side now known as London Bridge. Mrs, Duff spoke relative her commercial property which houses Aldridge and Chambers, located on the northern edge of the APZ-1 which is affected by the Ordinances under consideration, Mrs. Duff requested compensation for under- developed property Barbara Yates, 318 24th Street, Suite #4, Phone: 428-8052, President of Resort Beach Civic League, spoke in support and urged adoption of the Old Beach Ordinance and Guideline section. Attorney Stephen Romine, Chair-Elect - 2006 Hampton Roads Chamber of Commerce - Virginia Beach Division, spoke in support of the City's conceptual plan to retain the Naval Air Station Oceana. David Gracie, 2532 South Adventure Trail, Phone: 486-8341, advised legislation is not complete and owners of underdeveloped property in the APZ1 area need to have their concerns addressed Tracy Clark, 2224 London Street, Phone: 340-5046, resident of Gatewood Park (directly west of the Oceana Airfield) registered in Opposition. Mrs. Clark expressed concern relative rezoning of her property from R5D (duplex) to single family zoning and did not believe fair compensation is offered for the loss of her property rights. Mrs. Clark should be compensated for potential lost income. Stuart Ferguson, 5539 New Colony Drive, Phone: 523-0869, spoke in support of the Ordinances and retaining NAS Oceana. Benjamin N Moore, 404 Betsy Ross Road, Phone: 646-4305, spoke in support of retaining NAS Oceana Frank Wiley, 1501 BaycliffCourt, Phone; 481-2255, spoke in support of retaining NAS Oceana Angie M Carlson, 255 North Palmyra Drive, Phone: 343-1695, spoke in support of retaining NAS Oceana Dana E. Wilson, 1421 Chicadee Lane, Phone: 534-3554 (mobile), spoke in support of retaining NAS Oceana Tim Faulkner, 1026 Spotswood Avenue, Norfolk, Phone; 626-0220, spoke in support of retaining NAS Oceana. NAS Oceana is an economic driver in the community. Jeff McKain, 205 ]'t Colonial, Phone: 417-6405, owner of commercial property at 205 First Colonial Road, advised the APZ1 overlay will reduce the pool of tenants and cause a significant economic impact, Compensation should involve not only the homeowners, but commercial properties, as well. Carol Lemon, 233 Gatewood Avenue, Phone: 498-5768, resident of Gatewood Park for 41 years, wished to remain in her home for the rest of her life. December 20,2005 - 25 - Item V-K.l. PLANNING ITEM #54754 (Continued) Attorney R. J. Nutter, represented the owners of the hotels between 33rd and 3fJh Street. The Ordinances are a significant improvement, Mr. Nutter will work with the City Manager, City Attorney and staff re the implication and modification of the design standards Sam Reid, 1533 Virginia Beach Boulevard, Phone: 437-5648, President of the Ocean a Gardens Coalition of Civic Leagues and a Member of Citizen BRAC Committee, expressed appreciation re the Ordinances. Mr. Reid suggested a compensation package be developed for the non-conforming, commercial and duplex lots concerning lost income and development rights Glen Davis, 2532 Springhaven Drive, Phone:233- 9300, concurred with the Plan and Land Use Ordinances, The City needs to ensure density is decreased around Oceana. The reduction in density and the values that America was built upon are not mutually exclusive. Matthew Hutchinson, Phone: 472-2235, owner of three (3) commercial properties in the APZ 1 zone, expressed concern relative his property, Attorney Stephen R. Romine, 999 Waterside Drive, Phone: 441-8921, represented 7-Eleven and their proposed development on the southwest corner of Potters and London Bridge Roads. This development would be prohibited from moving forward with the adoption of this Plan. Correspondence from the Navy and City Staff earlier had indicated acceptance of this proposal. Attorney Romine requested a classification consistent with the Navy's in order to proceed with the development. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance re the City's plan for compliance with the Base Realignment and Closure Commission's decision re Naval Air Station Oceana and related Ordinances; requesting the members of the City's General Assembly Delegation sponsor and support legislation necessary to implement such plan; and authorizing the acquisition of interests in certain property in Accident Potential Zone 1 and the Interfacility Traffic Area. 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 9221,1 and ADD Article 18, 991800 - 1807 to establish City Council Policy re discretionary development applications and sound attenuation requirements in buildings and structures in certain AICUZ areas 2. AMEND the Comprehensive Plan to incorporate the NAS Oceana - NALF Fentress Interfacility Traffic Area Map December 20,2005 Item V-K.1. PLANNING - 26- ITEM #54754 (Continued) 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 4. AMEND the Official Zoning Map by designation and incorporation of the NAS Oceana - NALF Fentress Interfacility Traffic Area 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 6. AMEND of the CZO, 99 401, 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 inRT-1, RT-2 And RT-3 Resort Tourist and Laskin Road Gateway Districts 8. AMEND CZO 91542 and 1543 to revise density restrictions in the RT-3 (LRG) Laskin Road Gateway Overlay District 9. AMEND CZO 9102 to establish the Old Beach Overlay District 10. AMEND the Official Zoning Map by ADDING the Old Beach Overlay District 11. ADD 991900-1906 re use regulations, dimensional requirements, design incentives and the Old Beach Design Review Committee for the Old Beach (DB) Overlay District 12. AMEND CZO 9111 re defining ancillary single-family dwelling unit, modifying the definition of yard, and establishing a definition for interior yard and mixed use 13. AMEND CZO 9200 re allowing ancillary single-family dwellings on the same lot as a separate single-family dwelling December 20, 2005 -27- Item V-K.1. PLANNING ITEM #54754 (Continued) 14. AMEND and REORDAIN the Site Plan Ordinance 92 (Appendix C) to require site plan review of ancillary single-family dwelling units and separate single-family dwelling units on the same lot 15. AMEND the Comprehensive Plan by incorporating the Resort Area Design Guidelines 16. AMEND the Comprehensive Plan by incorporating the Old Beach Design Guidelines 17. AMEND the Comprehensive Plan by REPEALING the Oceanfront Resort Area Concept Plan (1994) and incorporating the Oceanfront Resort Area Plan (November 2005) 18. AMEND Chapter 4 of the Comprehensive Plan re the Oceanfront Resort Area Concept Plan. b. Land Acquisition Plans: 1. APZ-1 Use and Acquisition, dated December 14, 2005 2. Interfacility Traffic Area Acquisition, dated December 15, 2005. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 20, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE ADOPTING THE CITY'S PLAN FOR COMPLIANCE WITH THE BASE REALIGNMENT AND CLOSURE COMMISSION'S DECISION REGARDING NAVAL AIR STATION OCEANA AND RELATED ORDINANCES; REQUESTING THE MEMBERS OF THE CITY'S GENERAL ASSEMBLY DELEGATION TO SPONSOR AND SUPPORT LEGISLATION NECESSARY TO IMPLEMENT SUCH PLAN; AND AUTHORIZING THE ACQUISITION OF INTERESTS IN CERTAIN PROPERTY LOCATED IN ACCIDENT POTENTIAL ZONE 1 AND THE INTERFACILITY TRAFFIC AREA 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 32 33 34 35 36 37 38 39 40 41 42 and 43 44 JLUS ( 2 ) The establishment an Air of Installations Compatible Use Zone (AICUZ) Overlay District based on the 1999 AICUZ map to protect public health, safety & welfare and prevent encroachment that would degrade military operations at Navy airfields; (3) The adoption of a program to purchase certain properties located within the Interfacility Traffic Area; and (4) The amendment of the Comprehensive Plan to reflect AICUZ-related concerns; WHEREAS, in February 2005, the Navy and the City, though a Subcommittee, jointly a Statement of developed 45 Understanding including, among others, acknowledgments that: 46 47 48 49 50 51 52 53 54 (1) The establishment of a first-class resort at the oceanfront ~s a strategic priority for the City of Virginia to Beach and that, in order accomplish that goal, the City Council will consider adoption of Comprehensive Plan and City Zoning Ordinance amendments that contemplate a reasonable ~ncrease in the number of existing residential units in the oceanfront area to a number sufficient to support quality year-round 2 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 retail development. This number is anticipated to be less than the aggregate additional number of units allowed by current oceanfront area zoning; and (2) The Navy is deeply concerned about the impact of aircraft operations on the proposed development of the Resort Area, and that the City will address these concerns to the greatest extent possible by inviting the Navy, as well as other stakeholders, to participate in the process of drafting the Oceanfront Resort Area Concept Plan. The City recognizes that, in order to meet the objectives of both the City and the Navy, the applicable zoning regulations must be totally restructured. Among the City's objectives is an increase in the number of residential units currently existing, but substantially less than currently allowed; and 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 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 82 closed realigned the recommendation realign or to 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 end of March 2006 by: (1) Adopting require the zoning ordinances that governing bodies to follow Air Installations Compatibility Use Zone (AICUZ) guidelines in deciding discretionary development applications for property in Noise Level 70 dB Day Night Average Noise Level (DNL) or greater; Establishing a program to condemn and purchase all the "incompatible use property," as defined in the December 2002 OPNAV Instruction 10010.36B, located within Accident Potential Zone 1 (APZ-1) and to expend at least $15 Million annually in furtherance of such program; (3) Evaluating undeveloped properties in Noise Zones (2) of 70 dB DNL or greater to determine their suitability for rezoning to classifications not 4 103 104 105 106 allowing incompatible uses under AICUZ guidelines; and (4 ) Establishing development a program for the purchase of the rights to property in 107 Interfacility Traffic Area between NAS Oceana and 108 NALF Fentress; 109 and 110 WHEREAS, the BRAC Commission's Final And Approved III 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 publ ic meet ings 131 were well-publicized beforehand and well-attended by interested 132 persons i 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 actioni and 138 WHEREAS, the City Council anticipates that the Commonwealth 139 of Virginia will share equally with the City up to $15 Million 140 per year in total costs for property acquisition in Accident 141 Potential Zone 1 (APZ-1) and the Interfacility Traffic Area, as 142 described in the APZ-1 Use and Acquisition Plan dated December 143 14, 2005 and the Interfacility Traffic Area Property Acquisition 144 Plan dated December 15, 2005, respectivelYi and 145 WHEREAS, the Virginia Beach Planning Commission has given 146 careful consideration to the zoning ordinances comprising a 147 portion of the proposed plan and has recommended approval of 148 such ordinances i and 6 149 WHEREAS, the City Council has given extensive consideration 150 to all potentially appropriate means of responding to the BRAC 151 Commission's decision; 152 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 153 OF VIRGINIA BEACH, VIRGINIA: 154 SECTION 1. Findings. 155 The City Council hereby finds that: 156 1. Retaining NAS Oceana as the East Coast Master Jet Base 157 is vital to preserving the economic vitality of the City of 158 Virginia Beach; 159 2 . The Navy's presence and the naval personnel stationed 160 at NAS Oceana, their spouses and children, as well as Navy 161 retirees who formerly served at NAS Oceana, are a source of 162 pride for the City and a part of the fabric of the City of 163 Virginia Beach; 164 3. The proposed plan for compliance with the conditions 165 of the BRAC Law ("BRAC Compliance Plan" or "Plan") conforms to 166 all such conditions, in that the Plan: 167 168 169 170 171 172 (a) Ensures that the City Council will, in a manner consistent with the the United States requirements of the and Constitutions of Commonwealth of Virginia follow Air Installations Compatibility Use Zone (AICUZ) guidelines ln deciding discretionary development applications 7 173 174 175 176 177 178 179 180 181 182 183 for property in Noise Level 70 dB Day Night Average Noise Level (DNL) or greater; Establishes a program for the acquisition of (b) properties ln the Interfacility Traffic Area between NAS Oceana and NALF Fentress; and (c) Prohibits future development, and rolls back existing development, of "incompatible uses," as that term is defined in the December 2002 OPNAV Instruction 10010.36B, located within Accident Potential Zone 1 (APZ-1); The Plan also includes provisions contemplated by, and 4 . 184 consistent with, the Joint Land Use Study and the Statement of 185 Understanding pertaining to restrictions on development in the 186 Interfacility Traffic Area and the Resort Area; 187 5. The Plan represents careful balancing of the rights 188 and needs of the citizens and businesses of the City of Virginia 189 Beach with the need for consistency with the conditions of the 190 BRAC Law; 191 6. The City has commenced, and is continuing to perform, 192 an evaluation of undeveloped property in areas within Noise 193 Zones of 70 dB DNL or greater to determine their suitability for 194 rezoning to classifications not allowing incompatible uses under 195 AICUZ guidelines; 8 196 7. The City and the Navy have worked together closely to 197 address the Navy's concerns, and the elements of the City's Plan 198 directly address those concerns; 199 8. Some of the conditions of the BRAC Law can be met by 200 utilizing land use tools, not such as zoning ordinances, 201 mentioned in or contemplated by the BRAC Law. 202 SECTION 2. ADOPTION OF ORDINANCES. 203 The following ordinances, true copies of which are hereto 204 attached and made a part hereof, are hereby adopted: 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 2. 3. 1. An Ordinance to Amend and Reordain the Ci ty 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] ; An Ordinance to Amend the Comprehensive Plan by the Incorporation of the NAS Oceana NALF Fentress Interfacility Traffic Area Map; 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] ; 9 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 10. 11. 12. 13. 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 I), 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; An Ordinance to Amend the Official Zoning Map by the Addition of the Old Beach Overlay District; An Ordinance Establishing Use Regulations, Dimensional Requirements, Design Incentives, and the Old Beach Design Review Committee for the Old Beach (OB) Overlay District; An Ordinance Amending the Pertaining to the Definitions Single-Family Dwelling Unit," and "Mixed Use"; City Zoning Ordinance of the Terms "Ancillary "Yard," "Interior Yard" An Ordinance Dwellings On The Dwelling; Allowing Ancillary Single-Family Same Lot as a Separate Single-Family 10 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 14. 15. 16. 17. 18. Section 3. 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; An Ordinance to Amend the Comprehensive Plan by Incorporating the Resort Area Design Guidelines; An Ordinance to Amend the Comprehensive plan by the Incorporation of the Old Beach Design Guidelines; An Ordinance to Amend Repealing the Oceanfront (1994) and Incorporating Plan (November 2005); and the Comprehensive Plan Resort Area Concept the Oceanfront Resort by Plan Area An Ordinance to Amend Chapter 4 of the Comprehensive Plan, Pertaining to the Oceanfront Resort Area Concept Plan. Adoption of property acquisition plans. 303 The following property acquisition plans, true copies of 304 which are hereto attached and made a part hereof, are hereby 305 approved and adopted: 306 (a) APZ-1 Use and Acquisition Plan, dated December 14, 2005; 307 and 308 (b) Interfacility Traffic Area Property Acquisition Plan 309 dated December 15, 2005. 310 Section 4. Proposed legislation. 311 (a) The members of the City's General Assembly Delegation 312 are hereby respectfully requested to sponsor and support 313 legislation during the 2006 General Assembly session that will 314 authorize the City of Virginia Beach, under the limited 315 circumstances set forth in the APZ-1 Use and Acquisition Plan, 11 316 to acquire properties by the exercise of eminent domain or 317 otherwise effectuate the Plan; and 318 (b) The Ci ty Manager and City Attorney are hereby 319 authorized and directed to cooperate to the fullest extent with 320 the members of the City's General Assembly Delegation in 321 connection with the legislative process for the enactment of 322 such legislation. 323 Section 5. Amendments to plan. 324 The City Council recognizes that the execution of the BRAC 325 Compliance Plan involves complex and difficult issues, and that 326 not every potential circumstance could have been foreseen during the formulation of the Plan. It is the expectation of the City 327 328 Council that amendments refining the Plan and addressing 329 unforeseen or newly-arisen circumstances will be brought forward 330 for its consideration, and to that end, the City Manager and 331 City Attorney are hereby authorized and directed to bring 332 forward, for the City Council's consideration, proposed 333 amendments to the Plan whenever the same are necessary or 334 appropriate to accomplish the purposes of the Plan. 335 Section 6. Execution. 336 The City Manager and City Attorney are hereby authorized 337 and directed to take all necessary or appropriate actions to 338 execute the provisions of the Plan. 339 12 340 Section 7. Property acquisition. 341 The City Manager is hereby authorized and directed, on 342 behalf of the City, to acquire property in Accident Potential 343 Zone 1 and in the Interfacility Traffic Area in accordance with 344 the APZ-1 Use and Acquisition Plan and Interfacility Traffic 345 Area Acquisition Plan, respectively, to the extent funds are 346 available, and to include funding sufficient to acquire such 347 properties in the proposed budgets for forthcoming years. 348 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF 349 VIRGINIA BEACH, VIRGINIA: 350 In adopting this ordinance, the City Council contemplates 351 that the elements of the City's Plan consisting of the Resort 352 Area-related ordinances, the AICUZ Overlay Ordinance, the APZ-1 353 Ordinance, the APZ-1 Use and Acquisition Plan and the 354 Interfacility Traffic Area Acquisition Plan will be approved by 355 the United States Navy as a component of the Joint Land Use Study 356 or an AICUZ Plan that includes such elements; and the City 357 Council hereby reserves the right to repeal, amend or otherwise 358 modify the provisions of this ordinance in the event such 359 approval is not given. 360 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF 361 VIRGINIA BEACH, VIRGINIA: 362 That the City Clerk is hereby directed to transmit a copy 363 of this ordinance to each member of the City's General Assembly 364 Delegation. 13 365 366 Adopted by the City Council of the City of Virginia Beach, 367 Virginia, this 20th day of December 368 369 370 371 372 373 374 375 376 377 378 , 2005. APPROVED AS TO CONTENT: APPROVED TO LEGAL . r-~ Ci~ CA-9849 OrD\Land Use\ordres\BRAC Plan ordin.doc R-4 December 20, 2005 14 . 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) Section Repealed: 5221. 1 City Zoning Ordinance Sections Added: City Zoning Ordinance 55 1800, 1801, 1802, 1803, 1804, 1805, 1806 and 1807 Whereas, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Zoning Ordinance is hereby amended and reordained by the repeal of Section 221.1, pertaining to specific standards for conditional uses within certain Air Installations Compatible Use Zones (AICUZ) and by the addition of a new Article 18 thereto, pertaining to regulations applicable to property in certain Air Installations Compatible Use Zones (AICUZ), which shall read as follows: 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL DISTRICTS C. CONDITIONAL USES AND STRUCTURES. Sec. 221.1. Spccific located accident standards for cortain conditional uscs ld thin airport noisc and aircraft potential zoncs. [Repealed] . (~) Legi~lQtive intent. The intent of city council ~nd the 50 purpo8e of thio oeetion ~re to protect the public he~lth, 8~fety 51 ~nd .:elf~re from the ~dver8e imp~eto ~DDoci~ted '.:i th exee88i ve 52 noiDe from flight oper~tion8 ~t ne~rby ~irportD ~nd milit~ry ~ir 53 f~eili tieD ~nd potenti~l ~irer~ft ~eeidentD by limi ting eert~in 54 eondi tion~l UDeD ...hieh ~re ineomp~tible due to their loe~tion 55 ~ithin ~irport noiDe ~nd ~irer~ft ~eeident potenti~l zoneD. 56 (b) StQndQrd~. In ~ddi tion to the proeedur~l requirement8 57 ~nd Dt~nd~rdD oct forth in Deetion 221 herein~bove, the 58 follo~ing Dt~nd~rdD 8h~11 ~pply to the follo~ing eondition~l 59 U8e8 in ~irport noiDe zoneD gre~ter th~n 75 dB Ldn, 70 75 dB Ldn 60 ~nd 65 70 dB Ldn, ~8 Dho'.:n on the m~p entitled IUCUZ prep~red by 61 the City of Virgini~ Be~eh. Condition~l U8e8 loe~ted in ~irport 62 noiDe zone le8D th~n 65 dB Ldn Dh~ll not be Dubj eet to the 63 proTvTi8ionD of thio Deetion. 64 65 2 66 Zone 1\.1:Z II =E gene ' por 1\1r G..g. 1\1:Z f,.€ffi- th;J.n /70 75 dB Ldn 1',1:Z I I ;J.ccident zone) from l',n 75 potenti;J.l only milit;J.ry to , zone:) 3 I ~:~ ~J~Z ~l~ .J.rc.J.:J of Virgini.J. BC.J.ch lic in .J.n .J.ircr.J.ft .J.ccidcnt I .potcntl.J.l zonc. 67 68 Tl\BLE INSET: 69 Yse G ~ 1/70 75 11/>75 11/70 ~ ~ re--+G- dB Ldn dB Ldn dB Ldn ~ ElB dB Ldn dB Ldn dB Ldn Wft .'\uditoriuHlo, N N N N N N ~ ~ oooeRlbly, union, & bingo hollo Child core centero N N N N N N ~ ~ Churcheo ond N N N N N N ~ ~ chapelo Clubo, pri ,;ote or N N N N N ~ ~ ~ othletic Collegeo ond N N N N N N ~ ~ uni ;;eroi tieo Convoleocent homeo N N N N N N ~ ~ COHlffierciol Hlorinoo N :f:. :f:. :f:. :f:. :f:. :f:. :f:. DorRlitorieo N N N N N N ~ ~ Eating/drinking N N N N N ~ ~ ~ eotobliohRlento Elrplooi T:eo N N N N N :f:. :f:. :f:. Hlonufocturing, otoroge ond diotribution Fomily core homeD N N N N N N ~ ~ Fraternity ond N N N N N N ~ ~ oorority houoeo Croup homeD N N N N N N ~ ~ HORleo for aged, N N N N N N ~ ~ dioobled or hondicopped Hoopitolo & N N N N N N ~ ~ oonitoriuRlo Hotelo & Rlotelo N N N N N ~ ~ ~ Indoor N N N ~ :f:. ~ :f:. :f:. recreational focilitieo Froternol lodgeD N N N N N ~ ~ ~ Hoternity homeD N N N N N N ~ ~ Hobileo home par ko N N N N N N ~ ~ HuoeuRlQ ond ort N N N N N N ~ ~ gollcrieo Honaoterieo ond N N N N N N ~ ~ conT.Tnto Hultiple fomily N N N N N N ~ ~ d\:ellingo Nuroeo' homeo & N N N N N N ~ ~ oiRlilor houoing Outdoor recreotionol 4 70 71 LlOili tieo .J.mphithe.J.tero N N N N N N N ::j. c.J.mpgroundo N N N ::j. ::j. ::j. ::j. ::j. :::;porto .J.rcn.J.o N N N N N N ::j. ::j. muoic ohello N N N N N N N ::j. .J.uction N N N N N N N ::j. f.J.cilitieo P.J.oDcmger N ::j. ::j. ::j. ::j. ::j. ::j. ::j. termin.J.lo Petroleum N N N N N ::j. ::j. ::j. proceooing Pri7.J.te lodgeD N N N N N ~ ~ .f'-ta+ Pri7.J.te ochoolo N N N N N N ~ .f'-ta+ S.J.tellite \;.J.gering N N N N N ~ ~ .f'-ta+ f.J.cility Sheltcr for f.J.rRl N N N N N N ~ .f'-ta+ employeeD 1'.tt.J.ched d\:cllingo N N N N N N ~ .f'-ta+ (to'.mhouoeo) Soci.J.l centero N N N N N N ~ .f'-ta+ Thc.J.tero for Ii T,,"C N N N N N N ~ .f'-ta+ production (c) Pcrmi ttcd u.:;c.:; .Jnd TJc.:;tcd right.:;. Thc proTJi.:Jion8 72 of thio .-:lffcct U8C8 ocction oh.-:l11 not .-:lny 73 pcrmittcd .-:lny pcr80n by right or .-:lny ~e8ted 74 right8 of .-:lny per80n under cxi8ting l.-:l',J. Nothing 75 in thio oection oh.-:lll bc conotrued to .-:lffcct thc 76 pro~ioiono of .-:lny rccordcd C.-:loement cntcred into 77 bct',Jccn thc United St.-:ltco of l\mcric.-:l, .-:lcting by 78 ,:md through the Dep.-:lrtment of the N.-:l7Y, ;lnd ;lny 79 o',mer or occup;lnt of property loc.-:lted ',;i thin .-:In 80 ;lircr;lft .-:lccident potenti.-:ll zone or .-:In .-:lirport 81 noioc zonc. 82 83 84 85 5 86 ARTICLE 18. Special Regulations in Air Installations 87 Compatible Use Zones (AICUZ) 88 89 Sec. 1800. Title. 90 This Article shall be known as the Air Installations 91 Compatible Use Zones (AICUZ) Overlay Ordinance of the City of 92 Virginia Beach. 93 94 Sec. 1801. Purpose and intent. 95 The purpose of this Article is to regulate, in a manner 96 consistent with the rights of individual property owners and the 97 requirements of military operations at Naval Air Station (NAS) 98 Oceana, development of uses and structures that are incompatible 99 with military operations; to sustain the economic health of the 100 City and Hampton Roads Region; to protect and preserve the 101 public health, safety and welfare from the adverse impacts 102 associated with high levels of noise from flight operations at 103 NAS Oceana and the potential for aircraft accidents associated 104 with proximity to airport operations; and to maintain the 105 overall quality of life of those who live, work and recreate in 106 the City of Virginia Beach. 107 108 Sec. 1802. Findings. 109 The City Council hereby finds that: 6 110 M Naval Air Station (NAS) Oceana was first established 111 as an auxiliary airfield in 1943 and was designated as a major 112 Navy jet air base in the 1950s. It is now one of the largest 113 Navy air bases in the country and 1S the Master Jet Base for the 114 Navy's Atlantic Fleet. NAS Oceana is a vital component in the 115 architecture of the Defense Department's joint service method of 116 operational planning and execution and in the newly-emerging 117 inter-agency approach to meeting homeland defense requirements; 118 ~ NAS Oceana is the single largest employer in the City 119 of Virginia Beach. In 2003, it had a gross annual payroll of 120 over $750 million and spent another $400 million for goods and 121 services. In that year, over 12,000 personnel, comprised of 122 nearly 9,800 military and over 2,500 civilian employees, were 123 employed there. Most of those employees live within the 124 communi ty, infusing additional benefits into the local economy, 125 primarily through spending and spousal employment salaries. 126 When considering the personal impact of the military in the 127 community, the economic benefit exceeds $1 billion annually; 128 129 J..Q There are more than 30,000 acres of land in areas within the 70-75 dB DNL or >75 dB DNL Noise Zones. 130 Approximately 4,200 acres of this land is encumbered by 131 easements or restrictive covenants that limit the uses of the 7 132 land to those that are not incompatible with flight operations 133 arising out of NAS Oceana; 134 f9l Since the installation's inception, development of a 135 type deemed incompatible under the Navy's AICUZ Program has 136 occurred, such that the Navy has voluntarily modified flight 137 arrival and departure procedures, thereby resulting in flight 138 procedures and training that do not replicate actual aircraft 139 carrier operating procedures. 140 ~ In August 2005, the Base Realignment and Closure 141 (BRAC) Commission added to the list of installations to be 142 closed or realigned the recommendation to realign 143 NAS Oceana by relocating the Atlantic Fleet's East Coast Master 144 Jet Base to Cecil Field in Jacksonville, Florida if, among other 145 things, the cities of Virginia Beach and Chesapeake fail to 146 enact and enforce legislation to prevent further encroachment of 147 148 149 NAS Oceana by the end of ordinances that require the March 2006 by adopting zoning governing bodies to follow Air Installations Compatibility Use Zone (AICUZ) guidelines in 150 deciding discretionary development applications for property in 151 Noise Level 70 dB Day Night Average Noise Level (DNL) or 152 greater; 8 153 (f) The closure or realignment of NAS Oceana would have 154 serious adverse economic consequences to the City and the 155 region; and 156 J...9:l In 2004 and 2005, the City of Virginia Beach, along 157 with the cities of Norfolk and Chesapeake, joined with the Navy 158 and the Hampton Roads Planning District Commission to craft a 159 regional Joint Land Use Study (JLUS). Among the recommendations 160 of the JLUS was that the City adopt an ordinance applicable in 161 all noise zones greater than 65 dB DNL to help prevent 162 encroachment at NAS Oceana. The JLUS was accepted by resolution 163 of the City Council in May of 2005 and the City Council directed 164 that appropriate ordinances implementing the recommendations of 165 the JLUS be brought forward for its consideration. 166 167 Sec. 1803. Applicability. 168 169 (a) Area of applicability. Except as provided in Section 1805, provisions Article to this shall apply the of 170 discretionary development applications for any property located 171 within an Accident Potential Zone (APZ) or Noise Zone 70-75 dB 172 DNL or >75 dB DNL, as shown on the official zoning map, that 173 have not been approved or denied by the City Council as of the 174 date of adoption of this Article. For purposes of this Article, 175 discretionary development applications shall include 176 applications for: 9 177 1. Rezonings, including conditional zonings; 178 2 . Conditional use permits for new uses or 179 structures, or for alterations or enlargements of 180 existing conditional uses where the occupancy 181 load would increase; 182 3. Conversions or enlargements of nonconforming uses 183 or structures, except where the application 184 contemplates the construction of a new building 185 or structure or expansion of an existing use or 186 structure where the total occupancy load would 187 not increase; and 188 4. Street closures where the application 189 contemplates the construction of a new building 190 or structure or the expansion of a use or 191 structure where the total occupancy load is 192 increased. 193 194 Sec. 1804. Discretionary development applications; City Council 195 policy. 196 197 M Except as provided in Section 1806, it shall be the 198 policy of the City Council that no application included wi thin 199 the provisions of Section 1803 shall be approved unless the uses 200 and structures it contemplates are designated as compatible" 201 under Table 1 below and, if applicable, Table 2 unless the City 10 202 Council finds that no reasonable use designated as compatible 203 under the applicable Table or Tables can be made of the 204 property. In such cases, the City Council shall, subject to the 205 provisions of Section l806(a), approve the proposed use of 206 property at the least density or intensity of development that 207 is reasonable. 208 ~ The following tables show the uses designated as 209 Compatible (Y) and those designated as Not Compatible (N) in 210 each listed Noise Zone (Table 1) or Accident Potential Zone 211 (Table 2). The designation of any use as Compatible shall not 212 be construed to allow such use in any zoning district in which 213 it is not permitted as either a principal or conditional use. 214 TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Land Use Land Use Compatibility LAND USE NAME 70-75 dB DNL >75 dB DNL Residentia~ and Re~ated 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 group quarters N N Mobile home parks N N Hotels and motels N N Other residential uses N N Manu:facturincr Food & kindred products; manufacturinq Y Y 11 TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Textile mill products; manufacturing y y Apparel and other finished products; y y - - products made from fabrics, leather and similar materials; manufacturinq Lumber and wood products (except Y y - - furniture) ; manufacturinq Furniture and fixtures; manufacturing y y Paper and allied products; manufacturinq y y Printing, publishing, and allied y y - - industries Chemicals and allied products; y y - - manufacturinq Petroleum refining and related y y - - industries Rubber and misc. plastic products; y y - - manufacturing Stone, clay and glass products; y y - - manufacturing Primary metal products; manufacturing y y Fabricated metal products; manufacturing y y 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 manufacturinq y y Transpgrtation, communication and utiJ.ities. Railroad, rapid rail transit, and street Y y - - railway transportation Motor vehicle transportation Y Y Aircraft transportation Y Y Marine craft transportation y y Highway and street riqht-of-way y y Automobile parking y y Communication y y Utilities y y 12 TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES 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, y y - - furnishings and equipment Retail trade - eating and drinking y y - - establishments Other retail trade y y Finance, insurance and real estate y y - - services 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 Cu~tura~, entertainment and recreationa~ Cultural activities (& churches) y N Nature exhibits N N Public assembly halls N N Auditoriums, concert halls y N Outdoor music shells, amphitheaters N N Outdoor sports arenas, spectator sports y N 13 TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Other outdoor recreational facilities y y Indoor recreational facilities y y Campqrounds y N Parks y N Other cultural, entertainment and y N - - recreation Resource Production and Extraction Agriculture (except live stock) y y Livestock farminq y N Animal breeding 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 215 216 TABLE 2-AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES LAND USE NAME CLEAR ZONE APZ-I APZ-II Residentia~ Single-family N N y - - - 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 14 TABLE 2-AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES products; manufacturing Apparel and other N N N - - - finished products; products made from fabrics, leather and similar materials; manufacturinq Lumber and wood N Y Y - - - products (except furniture) ; manufacturing Furniture and N Y Y - - - fixtures; manufacturinq Paper and allied N Y Y - - - products; manufacturing Printing, N Y Y - - - publishing, and allied industries LAND USE NAME CLEAR ZONE APZ-I APZ-II Manuxacturing (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; manufacturinq 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 15 TABLE 2-AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES scientific, & controlling instrument; photographic and optical goods; watches & clocks Miscellaneous N Y Y - - - manufacturing Transportation, communication and util.ities 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 LAND USE NAME CLEAR ZONE APZ-I APZ-II Transportation, communication and util.ities (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, N Y Y - - - comm. and utilities Trade Wholesale trade N Y Y Retail trade - N y y - - - building materials, hardware and farm equipment Retail trade - N N Y - - - qeneral merchandise 16 TABLE 2-AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES Retail trade - food N N y Retail trade - N y y - - - automotive, marine craft, aircraft and accessories Retail trade - N N y - - - apparel and accessories Retail trade - N N y - - - furniture, home, furnishings and equipment Retail trade - N N N - - - eating and drinking establishments Other retail trade N N y Services Finance, insurance N N y - - - and real estate services LAND USE NAME CLEAR ZONE APZ-I APZ-II Trade (cont'd) Personal services N N y Cemeteries N Y y - - - Business services N N y - - - (credit reporting; mail, stenographic, reproduction; advertisinq) Warehousing and N y y - - - storage services Repair Services N Y Y Professional N N y - - - services Hospitals, nursing N N N - - - homes Other medical N N N - - - facilities Contract N y y 17 construction services Government Services N N Y Educational services N N N Miscellaneous N N y cu~tura~, entertainment and recreationa~ Cultural activities N N N Nature exhibits N y y Public assembly N N N Auditoriums, concert N N N - - - halls Outdoor music shells, N N N - - - amphitheaters Outdoor sports arenas, N N N - - - spectator sports Indoor recreational N y y - - - facilities Campqrounds N N N Parks N y y LAND USE NAME CLEAR ZONE APZ-I APZ-II CU~tura~, entertainment and recreationa~ (cont'd) Other cultural, N y y - - - entertainment and recreation Agriculture (except y y y - - - live stock Resource production and extraction Livestock farming and N y y - - - breedinq Agriculture related N y y - - - activities Forestry Activities 11 N y y Fishing Activities 12 N y y Mininq Activities N y y Other resource N y TABLE 2-AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES 18 TABLE 2-AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES production or extraction Other Undeveloped Land Y y Y - - - Water Areas N N N 217 218 Sec. 1805. Sound attenuation. 219 Sound attenuation measures shall be incorporated in any use 220 or structure located in Noise Zones 65-70 dB DNL, 70-75 dB DNL 221 or >75 dB DNL in accordance with the requirements of the 222 Virginia Uniform Statewide Building Code. 223 224 Sec. 1806. Allowable residential density in Interfacility 225 Traffic Area 226 227 (a) Subject to the provisions of Section 405 (Alternative 228 Residential Development in Agricultural Districts), single- 229 family residential development in Agricultural Districts shall 230 be permitted as a conditional use at the following density in 231 that portion of the Princess Anne/Transition Area designated as 232 "Interfacility Traffic Area" on the official zoning map. 233 234 235 236 237 238 239 240 241 Noise Zone Maximum Permitted Density (Single- Family Dwellings) 70-75 dB DNL: One (1) per five (5) acres of developable land >75 dB DNL: One (1) per fifteen (15) acres of developable land 19 (b) Where a tract of land is located within more than one 242 243 Noise Zone, lots shall be situated, to the extent practicable, 244 on the portion of the tract wi thin the lowest Noise Zone. In 245 such cases, the portion of the tract within the lowest Noise 246 Zone may contain the entire number of dwellings allowable on the 247 acreage of the entire tract. 248 249 Sec. 1807. Reservation of powers; severability. 250 (a) Nothing in this Article shall be construed to require 251 the City Council to approve any application solely because it 252 meets the requirements of this Article, it being the intention 253 of this Article that the City Council shall be entitled to 254 exercise its authority in such applications to the fullest 255 extent allowed by law. 256 (b) The provisions of this section shall be severable, it 257 being the intention of the City Council that in the event one or 258 more of the provisions of this section shall be adjudged to be 259 invalid or unenforceable, the remaining provisions of this 260 section shall be unaffected by such adjudication. 261 262 Adopted by the City Council of the City of Virginia Beach, 263 Virginia on the 20th day of December, 2005. 20 1 2 3 4 5 6 7 AN ORDINANCE COMPREHENSIVE INCORPORATION NALF FENTRESS AREA MAP TO AMEND THE PLAN BY THE OF THE NAS OCEANA - INTERFACILITY TRAFFIC 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 Adopted by the Council of the City of Virginia Beach on this 18 20th day of December, 2005. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 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 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 18 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 I, 2, 3, 5, 9 & APPENDIX AND PRINCESS ANNE CORRIDOR STUDY, /I 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 20th day of December , 2005. CA-9740 OID/ordres/AICUZ Comp Plan Text ord.doc R-2 September 28, 2005 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ Planning Department /;J~ J! ;1j~/ Clty Attorney's 0 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 Plan, was 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 1 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 ftetel.s with limited additional retail-;- ,compatible with the Joint Land Use Study. Strategic Growth Area #6 North London Bridge Area 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 and hotel. Strategic Growth Area #7 Hilltop/North Ocean a Area 3 ,---- 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 mix of rcsidcntial 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. Exccpt as rccommcndcd in thc Princcss f..nnc Corridor Plan, n No residential or hotel use~ 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 density of six dV/elling units per acre and 100,000 square feet of commcrcial use. Access to land uses in this Sub-Area is provided by an interior rea6 traffic and pedestrian circulation system that is safe and efficient is part of a larger loop encircling the Dum Neck and Princess i\nne Roads intersection. Equally, lin order to ensure safe and efficient transportation movement in to this area, no more than one direct access to this site to Dam Neck 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 obiectives cited above i&-I=let recommended. Strategic Growth Area #11 West Holland Area 4 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 there should be no development proposals must be consistent with the AICUZ Overlay Ordinance provisions that and should not contributes to strip residential or 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 to avoid any additional commercial retail dc'"elopment beyond what is already appro'/ed or recommended by this plan for designated sites. In addition, residential de'"elopment at densities no greater than 12 dwelling units per acre is recommended for the limited amount of undeveloped land located along the eastern segment of the Dam Neck corridor that is outside the 100 year floodplain and .^..ICUZ high noise zones. Such residential development should include affordable housing units. There is sufficient existing and zoned commercial retail property in the South General Booth Boulevard Corridor area and no substantial increase in additional commercial retail zoning is recommended. Further, tIhe 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 beyond those already developed or zoned for should only be endorsed in the south General Booth Boulevard corridor if they are located in areas designated in this chapter for such use and are consistent with the corridor's design standards. In addition, a Traffic Impact Study must be conducted for proposed developments affecting any of these specified areas. 5 South Gelleral Booth Boulvard Corridor Site 4 , , DAM NECK . m~. i;:\ , "n:"', ".,n.m,:>. /.<%~ . : (~; :., :":"04-/$>.0. :< i'; ,;'", :....: '. "~G'~' .....;. i::r:/ .'.',/: " \ ";./ ~:F '::: (;,," .. . , .... . ' ',.' ~ :;)~ l ' ,', ,:<> '.. f . ;>",' ,:'<; NIMMO, '/'" i .. . ."::--;' .....'., .,'. :' ...., :"'>t~"",:<' /: '/< "", ' , ,'<, ..... ':.:<. I" t, . .' >.~~C" '" - , - " '~:r-'~ '. " '.:'/~ ~.. .." ;1 / J 11); " ." '., . " . . , ;~~ . Jr' ' ~... ',:~, :' . ./, ' ,"~'" '.'~ : ""."/ ",,;>,.,:.,' <'.""~ "':-<""::J ! .. >>,<.. <: " " (".. /', '.... ".' " ::', , 'c',' ;'.. ." ...: :', . '. ,'/< . . 'C,;, '^' ,..\.; .<,i'/, '., ,': .....:.... ',.~ <'~, :)}: .: . ~;>\ .. '. "<': ::;;; . ;..., .~ . ::.,....../:. ,.' . .'. '.." ..... ..'>:',':"';..!"':'. ..... ''; .".:" .:.; .... ' '. ':.', ,'''.' .... . . ',' \:, :i. ",,' : ,/\... "~'I,'"~ ,',. ,'; ':/,:<,:,." "><\ .' /, , ...:' '., ,<, . ...:.".'/ '.' . ..'.." ~'. "'~<', ':" . ,,/. , .,', """:", '. ,': .', .,: "... '.' '.." ..;': .' ." " . .,.. "i' <., . .. .. .,'.. ....., " .,., .....,. ".. .... ., . 0,:. :' ". : :. ".>'.' "," .. "':~ ('; ::' :: '< ,", '. ::: ':; : .. , . ;,." 6 Site 4.1 Page 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, north of Edison Road. The area south of Edison Road, north of Gunn Hall Road and west of Upton Estates is appropriate for single family detached, neighborhood service uses and multi family residential use at densities no greater than 10 dwelling units per acre provided significant landscaped buffers are provided along the eastern boundary of this tract. 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 strip of land is developed apart from any other properties, then it should accommodate single family detached units at densities comparable to institutional, educational or surrounding area. Developments that, in the Planning Commission's opinion, go beyond the minimum design guidelines may be considered for 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 GUlIn Hall I Edison Area Site 4.1 8 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 fore bays 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. Rcsidcntial infill and 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 rcsidcntial 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 Bo(J(hBoult!l'urd Corridor Site 8 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 Virginia Beach and U.S. Navy that in part, provides guidelines for comprehensive plan adiustments to certain tracts of land in the western portion of the Princess AnneITransition Area identified by the Navy as the 'Interfacility Traffic Area'. The IT A is subiect to a high volume of military iet 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 - INTERFACILlTY TRAFFIC AREA Avgust 2005 w+, s 6ree<>l;",;.iT.3fl>iti<M,,'\tNHorthe'''8<lI.mdit<, ~Tf"H;QIlA~Bse...lI'>emlJo.undiWy '" >o....J""' AICUlNoi...ZruWl ~1".erlac~ll\IT!'iIl'Ik~ 11II c.;t)'~l'f<,J>>.!'ty Produced by the City of Virginia Beach Planning Department NOTE DISCLAIMER THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING PURPOSES aNL y, ALL WARRANTIES, UCC AND OTHERWISE, EXPRESSED OR tMPLlED, 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 CONNECTION WITH THE USE OR PERFORMANCE OF THE DATA SHCNI/N ON THIS MAP ARE EXPRESSLY DISCLAIMED.ANY DETERMINATION OF TOPOGRAPHY OR CONTOURS, OR ANY DEPICTION OF PHYSICAL 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. The density of residential development is calculated at one dV/elling unit or less per developable acre depending upon the degree to which each de'/elopment proposal meets the City' s defined criteria. 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. +ffi.& 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 d'.velling unit per one acre the maximum recommended by this plan. Page 152 of the Comprehensive Plan Policy Report Public infrastructure to support the recommended maximum density of one dV/elling unit por developable acre 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 iU - 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 the following language: . .AICUZ Delincatiofl Purposc: To makc appropriatc adjustmcnts to thc Comprchcnsivc Plan and relatcd implcmcntation tools 'Nith rcspcct to anticipatcd f..ICUZ delincation. 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. 16 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: 1. 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 Nearly five 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 align the policies 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 described and shov/ll on page 16. 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. Although Daevelopment 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. _offers tremendous opportunities v/ith the potential for a coordinated, high quality mixed use development. This development would serve both the needs of the adjacent residential areas as well as the needs of Princess Anne Commons. 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 for 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 adiacent 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. 18 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 or office hotel or other uses that may be deemed by the city to be incompatible within applicable noise zones or the APZ~. Equivalent density that other..vise 'lIou1d be ullmved in the i\PZ urea may be applied to areas located outside this zone. 3. Site/Building/Landscape Design: Significant well-programmed and landscaped public (and private, if applicable) open space. 'Nell space connections to future or existing residential area5-; 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). 20 B. Area-specific Recommendations The following land use recommendations apply to Sub-Areas 1,2,3, and 4: 1. Sub-Area 1 a. "Baseline" Development Option (see Figure 11, page 26 for example of this option): i. Residential use at 3 dwelling units per acre (average density). ii. No additional commercial uses. b. Incenti'/e Development Option (see Figure 15, page 29 for example of this option) : 1. Residential use at 6 dwelling units per acre (average density). ii. Commercial uses not to exceed 100,000 square feet of floor area. Hh-- The development potential of Sub-Area L above that allowed under current zoning, will be based upon Aadherence to the following "incentive" planning and design Performance development C€riteria: iii.a. Incorporate as a significant part of the development Design and de'/elop "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 shopping center dominated by a 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 residential environment. This subarea should not include an expansive 'sea of parking'. Instead, proposed plans for this site should incorporate the site design concept of 'chambered parking lots'. These lots, divided into an organized series of well-planned and carefully landscaped parking areas, provide safe, convenient and attractive movement for both motorists and pedestrians. Such designs should proyide good visual access to businesses in this area. 21 iii.c. 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 located adjacent to separated from the Landstown Meadows and Landstown Lakes neighborhoods. Instead, s S,uch area should include either \.velllandscaped areas or single family detached units at or below 1 dV/elling units per acre 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 Roadway access within for proposed uses in Sub-Area 1 te Princess Anne and Dam Neck Roads will ultimately should be provided by an safe, efficient and attractive, tree lined, four lane divided Loop Road, the general alignment of which is presented in this plan. internal circulation system. A tViO lane road constructed within a right of way wide enough to accommodate an ultimate four lane divided facility may be built as part of a phased development plan, provided it meets acceptable levels of service as defined by the city. 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 regional 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 Acdd,rrt Pottnrial ZOOf ('1) umils IOO'min. Buf{u ~inlle family . Meadows ~Mth &ample of Undesirable Piecemeal Development Using Baseline Option. Nare: Drawing 00110 }Calf, Sub-Atea I 23 Page 27 of the Princess Anne Corridor Plan Figure 15 of Subarea 1 to be deleted r Trail CCl'lntdicm I Atcidenr Iltential ICl'le (A.Pl.) limirs :::::::rilii.Flll"pOst Trail 100' mill. Buffer. to include exist. Trees SWld~ COllnection to fxisr. Park r Willttl~lry !.:me North :of one of several I concepts for dmlopmtnt. Nnt'f: DtaWlttg not to stale, 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 That the official zoning map of the City of Virginia Beach be, 12 and hereby is, amended to incorporate and designate the NAS Oceana 13 - NALF Fentress Interfacility Traffic Area, as shown on a series of 14 sheets marked and identified as such, and which have been displayed 15 before the City Council this date and are on file in the Department 16 of Planning. 17 Adopted by the Council of the City of Virginia Beach on this 18 20th day of December, 2005. 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: 18 19 20 21 22 APPENDIX I. AIRPORT NOISE ORDINANCE ATTENUATION AND SAFETY See. 1. Title. 23 This ordinance shall be known as the Airport Noise 24 Attenuation and Safety Ordinance of the City of Virginia Beach. 25 See. 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 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Fentress and the potential for aircraft accidents associated with proximity to airport operations; and (2) Ensure that the construction of residential use group buildings or portions thereof, located within those areas of Virginia Beach likely to be affected by aircraft noise associated with flight operations at NAS Oceana/NALF Fentress provide for appropriate sound reduction to minimize the impact of such noise on occupants; a.nd (3) Enoure tha.t purcha.oero, rentero or leooeeo of property within a.irport noioe zoneD a.nd a.ircra.ft a.ccident potentia.l zoneD a.re a.'yJa.re of the a.ooocia.ted noioe levelo a.nd the ha.za.rdo 'y:hich may enda.nger the liveo a.nd property of the occupa.nto of ouch property. The a.couotica.l performa.nce ota.ndardo oct forth in thio 46 ordina.nce dea.l ~ith noioe a.ttenua.tion in conotruction. The 47 dioclooure requiremento oct forth in thio ordina.nce dea.l 'y:i th 48 dioclooure to potentia.l purcha.oero, rentero or leooeeo of the 49 exiotence of a.ooocia.ted a.ircra.ft noioe a.nd the potentia.l for 50 a.ircra.ft a.ccidento a.ooocia.ted '.:i th proximity to airport 51 opera.tiono. 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 wi thin 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. 62 63 Sec. 3. Definitions. 64 The following words and terms used in this ordinance shall 65 have the following meanings unless the context clearly indicates 66 otherwise: 67 Day-night average sound level (Ldn) (DNL). A twenty-four- 68 hour energy average sound level expressed in dBA, with a ten- 69 decibel penalty applied to noise occurring between 10:00 p.m. 70 and 7: 00 a. m . 71 Permits and inspections division or division of permits and 72 inspections. The division of permits and inspections of the 73 department of planning. 74 Building official. The building code administrator of the 75 permits and inspections division. 76 RcaidcntiQl uac Use group building. All buildingo ~nd otructurco 77 The classification of buildings and structures as to the use and 78 occupancy thereof as set forth in Chapter 3 of the International 3 79 Building Code cl~ooified in the Virgini~ Uniform E::t~tC"...ide 80 Building Code ~o uoe group R (reoidenti~l). 81 Sound transmission class (STC) rating. A single number 82 rating characterizing the sound reduction performance of a 83 material tested in accordance with ASTM E 90-90, "Laboratory 84 Measurement of Airborne Sound Transmission Loss of Building 85 Partitions. " 86 87 88 See. 4. Airport noise zones and boundaries. (a) The boundaries of the airport noise zones shall be as 89 shown on the zoning map as adopted and amended by city council. 90 (b) For purposes of administering and enforcing the 91 provisions of this ordinance, there shall be four (4) airport 92 noise zones and three (3) aircraft accident potential zones: 93 94 95 96 97 98 99 100 101 Airport noise zones shall be as follows: ( 1) Noise Zone less than 65 dB f:.ElH: DNL (2 ) Noise Zone 65-70 dB f:.ElH: DNLi (3) Noise Zone 70-75 dB f:.ElH: DNLi (4 ) Noise Zone greater than 75 dB f:.ElH: DNLi Aircraft accident potential zones shall be as follows: (1) CZ - Clear Zone (an area extending outward from the threshold of an active runway which possesses a high potential for accidents) i 4 102 103 104 105 106 107 108 109 (2) APZ - I Aircraft Accident Potential Zone I (an area extending outward from a clear zone which posses a significant potential for accidents) i and (3) APZ-II - Aircraft Accident Potential Zone II (an area extending outward from ei ther a clear zone or aircraft accident potential zone I which possesses a measurable potential for an accident. The purpose of the establishment of four (4) airport noise 110 zones and three (3) aircraft accident potential zones is to III distinguish between the severity of the level of noise impacts 112 so that appropriate acoustical performance standards can be 113 employed to mitigate the adverse impacts of aircraft noise and 114 to facilitate accurate identification of such zones. Each of the 115 four (4) airport noise zones and three (3) aircraft accident 116 potential zones shall be designated on the zoning map as adopted 117 and amended by city council. 118 Sec. 5. Acoustical performance standards. 119 120 ( a) Except as otherwise provided, any rcoidcnti;:tl 121 Residential use group building or structure or portion thereof 122 constructed or placed within an airport noise zone after January 123 1, 1995, and any Assembly, Business, Educational, Institutional 124 or Mercantile Use Group building or structure or portion thereof 125 constructed after November 17, 2005 shall be constructed to 5 126 provide acoustical treatment measures in accordance with the 127 Virginia Uniform Statewide Building Code, Volume I. 128 129 Sec. 6. Nonconfor.ming buildings and structures. 130 (a) Any residential use group building which lawfully 131 existed on the effective date of this ordinance and which is not 132 in conformity with anyone or more of the provisions of this 133 ordinance, and any residential use group building which lawfully 134 existed on the date of adoption of any amendment to this 135 ordinance and which is not in conformity with such amendment, 136 shall be deemed nonconforming. 137 (b) Any extension, enlargement, relocation, reconstruction 138 or substantial alteration of a nonconforming residential use 139 group building shall be subject to the acoustical performance 140 standards as set forth in section 5 of this ordinance unless 141 otherwise modified by the building official pursuant to oection 142 103.2 applicable provisions of the Virginia Uniform Statewide 143 Building Code. 144 145 Sec. 7. Exemptions. 146 The acoustical performance standards specified in section 5 147 and the dioclooure requiremento oct forth in oection 9 of this 148 ordinance shall not apply to the construction of reoidential uoe 149 group buildings or structures in any Noise Zone less than 65 dB 150 hEffi: DNL or buildingo or otructureo claooified in the Virginia 6 151 Uniform [;t.:l.te\Jide Building Code .:l.O uoe group B (buoineoo, 152 officeo) , E (educ.:l.tion.:l.l) , F (f.:l.ctory .:l.nd induotria.l), I 153 (inotitution.:l.l), H (merc.:l.ntile), [; (otor.:l.ge, ',:.:l.rehouoe), a.nd U 154 (utility .:l.nd miocell.:l.neouo) . 155 156 Sec. 8. Appeals. 157 (a) Any determination or decision made by the building 158 official or any administrative officer in the administration or 159 enforcement of this ordinance may be appealed in writing to the 160 local board of building code appeals within thirty (30) days 161 from the date of such determination or decision. The appeal 162 shall be filed in the office of the building official. In the 163 event such an appeal ~s filed, the local board of building code 164 appeals shall schedule at least one (1) public hearing on the 165 matter and render its decision in writing to the appellant 166 within fourteen (14) working days from the date of the public 167 hearing. 168 (b) Any party aggrieved by any decision of the local board 169 of building code appeals, who was a party to the appeal, may 170 appeal to the state building code technical review board. 171 Application for review shall be made to the state building code 172 technical review board within twenty-one (21) calendar days of 173 receipt of the decision of the local board of building code 174 appeals by the aggrieved party. 7 175 (c) Decisions of the state building code technical review 176 board shall be final if no appeal is made. An appeal from the 177 decision of the state building code technical review board may 178 be filed In the circuit court of the City of Virginia Beach in 179 accordance with ~ applicable provisions of the Administrative 180 Process Act, l':..rticle 4, Section 9 6.11.15 of Ch;1pter 1. 1.1 of 181 Title 9 of the Code of Virgini;1. 182 183 See. 9. Dioclooure. [Reserved] 184 (;1) Effective November 1, 1998, ;1ny peroon m;1rh:eting 185 property for 0;11e, rent;11 or le;1oe '...Tithin ;1ny noioe zone or 186 ;1ccident potential zone oh;111 provide '..:ritten dioclooure to ;111 187 proopective purch;1oero, rentero or leooeeo th;1t ouch property io 188 '..:ithin;1n ;1ircraft ;1ccident zone or ;1n ;1re;1 ;1ffected by ;1ircraft 189 noioe. Such '..Jri tten notific;1tion oh;111 ;1100 be pl;1ced in ;111 190 0;11eo contr;1cto ;1nd le;1oeo. The foregoing requirement oh;111 not 191 ;1pply to property oold or le;1oed oolely for ;1gricultur;11 192 purpooeo. 193 (b) The department of pl;1nning oh;111 m;1h:e ;1~"';1il;1ble 194 inform;1tion expl;1ining the effect of the deoign;1tion of ouch 195 ;1ircraft accident ;1nd airport noioe zoneD ;1nd ;1ny ;1pplic;1ble 196 building requiremento. 8 197 Sec. 10. Violations. 198 (a) A violation of any of the provisions of this ordinance 199 shall be a misdemeanor punishable as set forth in the Virginia 200 Uniform Statewide Building Code, Volume Ii pro7ided, ho',:ever, 201 th~t ~ violation of oection 9 of thio ordin~nce oh~ll be a cl~oo 202 1. miodeme~nor punioh~ble by ~ fine in ~n ~mount not to exceed 203 t~o hundred ~nd fifty doll~ro ($250.00). 204 (b) In addition to, and not in lieu of, the penalties 205 prescribed in subsection (a) hereof, the city may apply to the 206 circuit court of the City of Virginia Beach for an injunction 207 against the continuing violation of any of the provisions of 208 this ordinance and may seek any other remedy authorized by law. 209 (c) Upon notice from the permits and inspections division 210 that any construction or other activity is being conducted in 211 violation of the provisions of this ordinance, such construction 212 or other activity shall be immediately stopped. An order to stop 213 work shall be in writing and shall state the nature of the 214 violation and the conditions under which the construction or 215 other activity may be resumed. No such order shall be effective 216 until it shall have been tendered to the owner of the property 217 upon which the construction or other activity is conducted or 218 his agent or to any person conducting such construction or other 219 activity. Any person who shall continue an activity ordered to 220 be stopped, shall be guilty of a violation of this ordinance. 9 221 Sec. 11. Severability. 222 The provisions of this ordinance shall be deemed to be 223 severable, and if any of the provisions hereof are adjudged to 224 be invalid or unenforceable, the remaining portion of this 225 ordinance shall remain in full force and effect and their 226 validity shall remain unimpaired. 227 228 Sec. 12. Vested rights. 229 The provisions of this ordinance shall not affect the 230 vested rights of any person under existing law. 231 232 Sec. 13. Administration and enforcement. 233 This ordinance shall be administered and enforced by the 234 building official and any inspector assigned to the permits and 235 inspections division, who shall exercise all authority of police 236 officers in the performance of their duties. Such authority 237 shall include, without limitation, the authority to issue 238 summonses directing the appearance before a court of competent 239 jurisdiction of any person alleged to have violated any of the 240 provisions of this ordinance. 241 242 Soc. 1f. Effective Date. 243 Thio ordin;:tnce oh;:tll become effecti'Je on the firot d;:ty of 244 January, 1995. 10 245 Adopted by the Council of the City of Virginia Beach, 246 Virginia, on the 20th day of December, 2005. 11 ~ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE TO AMEND 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) Sections Amended: CZO ~~ 401, 501, 601, 801, 901, 1001 and 1110 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That Sections 401, 501, 601, 801, 901, 1001 and 1110 of the City Zoning Ordinance are hereby amended and reordained, to read as follows: Sec. 401. Use regulations [Agricultural Districts] (d) Special restrictions in Accident Potential Zone 1 (APZ- 1). No use or structure shall be permitted on any property located within Accident Potential Zone 1 (APZ-1) unless such use is designated as Compatible in APZ-1 in Table 2 ("Air Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of Section 1804; provided, however, that any use or structure not designated as Compatible shall be permitted 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. 33 34 Sec. 501. Use regulations [Residential Districts] . 35 36 37 38 39 (c) Special restrictions in Accident Potential Zone 1 (APZ- 40 1). No use or structure shall be permitted on any property located 41 within Accident Potential Zone 1 (APZ-1) unless such use is 42 designated as Compatible in APZ-1 in Table 2 ("Air Installations 43 Compatible Use Zones Land Use Compatibility in Accident Potential 44 Zones") of Section 1804 i provided, however, that any use or 45 structure not designated as Compatible shall be permitted as a 46 replacement of the same use or structure if the replacement use or 47 structure is of equal or lesser density or intensity than the 48 original use or structure. 49 50 51 Sec. 601. Use regulations [Apartment Districts] . 52 53 (c) Special restrictions in Accident Potential Zone 1 (APZ- 54 1). No use or structure shall be permitted on any property located 55 within Accident Potential Zone 1 (APZ-1) unless such use is 56 designated as Compatible in APZ-1 in Table 2 ("Air Installations 57 Compatible Use Zones Land Use Compatibility in Accident Potential 58 Zones") of Section 1804 i provided, however, that any use or 59 structure not designated as Compatible shall be permitted as a 60 replacement of the same use or structure if the replacement use or 61 structure is of equal or lesser density or intensity than the 62 original use or structure. 63 64 Sec. 801. Use regulations [Office Districts] . 65 66 (c) Special restrictions in Accident Potential Zone 1 (APZ-l). No 67 use or structure shall be permitted on any property located within 68 Accident Potential Zone 1 (APZ-1) unless such use is designated as 69 Compatible in APZ-1 in Table 2 ("Air Installations Compatible Use 70 Zones Land Use Compatibility in Accident Potential Zones") of 71 Section 1804; provided, however, that any use or structure not 72 designated as Compatible shall be permitted as a replacement of the 73 same use or structure if the replacement use or structure is of 74 equal or lesser density or intensity than the original use or 75 structure. 76 77 78 Sec. 901. Use Regulations [Business Districts] . 79 80 81 (a) Principal and conditional uses. The following chart lists 82 those uses permitted within the B-1 through B-4 B-4C Business 83 Districts. Those uses and structures in the respective business 84 districts shall be permitted as either principal uses indicated by 85 a "P" or as conditional uses indicated by a "C." Uses and 86 structures indicated by an "X" shall be prohibited in the 87 respective districts. No uses or structures other than as specified 88 shall be permitted. 89 90 (c) Special restrictions in Accident Potential Zone 1 (APZ-l). 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 (UAir Installations Compatible Use 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. 100 101 102 103 Sec. 1001. Use regulations [Industrial Districts] . 104 105 106 107 (c) Special restrictions in Accident Potential Zone 1 (APZ-l). No 108 use or structure shall be permitted on any property located within 109 Accident Potential Zone 1 (APZ-1) unless such use is designated as 110 Compatible in APZ-1 in Table 2 (UAir Installations Compatible Use 111 Zones Land Use Compatibility in Accident Potential Zones") of 112 Section 1804; provided, however, that any use or structure not 113 designated as Compatible shall be permitted as a replacement of the 114 same use or structure if the replacement use or structure is of 115 equal or lesser density or intensity than the original use or 116 structure. 117 118 119 120 121 122 123 124 125 Sec. 1110. Land use regulation~ Development District] . [PD-H1 Planned Unit (e) Special restrictions in Accident Potential Zone 1 (APZ-l). No 126 use or structure shall be permitted on any property located within 127 Accident Potential Zone 1 (APZ-1) unless such use is designated as 128 Compatible in APZ-1 in Table 2 (UAir Installations Compatible Use 129 Zones Land Use Compatibility in Accident Potential Zonesll) of 130 Section 1804; provided, however, that any use or structure not 131 designated as Compatible shall be permitted as a replacement of the 132 same use or structure the replacement use or structure is of equal 133 or lesser density or intensity than the original use or structure. 134 135 Adopted by the City Council of the City of Virginia Beach, 136 Virginia, on this 20th day of December, 2005. 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, ISIS, 1516, 12 152 0 , 152 1 , 1522 , 1523 , 1524 , 152 5 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 higher 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 City 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 46 Sec. 1501. Use regulations. 47 (~) rrincip~l uoeo Qnd otructureo: 48 (1 ) Except ~o provided in oection 1501 (b) (2), hotelo 49 ~nd motelo, ".;hich m~y h~~v'e in conj unction ".;i th 50 them ~ny combin~tion of reot~ur~nto, outdoor 51 c~feo, retail commerci~l uoe and convention 52 f~cilitieo, provided th~t uoeo in conjunction 53 .;i th hotelo ~nd motelo m~y not occupy more th~n 54 ten (10) percent of the floor ~re~ of ~ll 55 otructureo (excluding p~r]cing) loc~ted on the 56 lot, oubject to the following: 2 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 (i) The otructure enclooing the uoeo permitted in conjunction ',dth hotelo .:md motelo oha.ll be fully enclooed a.t a.ll timeo by oolid exterior ',;a.llo a.nd roof ',;ith no exterior opening, other tha.n pa.ooa.ge ',;a.y dooro a.o ma.y be required by the Virginia. Uniform Sta.tC',;ide Building Code, (ii) Such enclooed otructure oha.ll be loca.ted entirely ~ithin the oa.me otructure enclooing the principa.l uoei a.nd (iii)No entra.nceo or exit to a. uoe permitted in conjunction ',dth hotelo a.nd motelo oha.ll be loca.ted on the oide of the otructure fa.cing the boa.rd',;a.lk, unleoo ouch entra.nce or exit provideo a.cceoo to a. courtya.rd or intervening open area., in ~hich ca.oe ouch open a.rea. oha.ll be fully fenced or ~a.lled to a. height of a.t lea.ot four (<1) feet a.nd r,;ithout a.ny entra.nceo or exi to fa.cing the boa.rd',;a.lk. The only exceptiono to thio condition a.pply to boa.rd~a.lk ca.feo a.o permitted by opecia.l regula.tiono eota.bliohed in fra.nchioe a.greemento a.pproved by city council. 3 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 (1) (2 ) (3 ) (iv) Parking otructureo ohall be permitted in conj unction ',;i th hotelo and motelo provided that ground level parking fronting l\.tlantic l\.',renue, the board'"Talk, or any publ i c park. or open opace io prohibited except for neceooary acceoo driveo and rampo. Public buildingo and groundo. Public utilitieo inotallationo and oubotationo including officeo, provided or otorage maintenance facilitieo ohall not be permitted; and provided further, that utilitieo oubotationo, other than individual ohall be tranoformero, ourrounded by a ,;all, oolid except for entranceD and exi to, or by a fence ',;i th a ocreening hedge five (5) to oix (6) feet in height; and provided aloo, tranoformer vaulto for underground utilitieo and the lik.e ohall require only a oolid except for landocaped ocreening hedge, acceoo opening. Bicycle rental eotabliohmento in conjunction ',;ith hotelo and motelo, oubject to the following. (i) Such eotabliohmento ohall be no leoo than t~o hundred (200) feet in area and ohall 4 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 h~ve minimum dimenoiono of ten (10) feet by twenty (20) feet, (ii) The ~re~ upon uhich bicycleo ~re diopl~yed ohall be paved ~nd the perimeter thereof deline~ted by 8" )( 8" timber curbing, except ~t the point of ingreoo ~nd egreoo; (iii)No more th~n tr.,;enty (20) bicycleo oh~ll be otored or dioplayed in the rent~l ~re~ ~t ~ny one time, rep~iro oh~ll not be conducted in the rent~l ~re~, ~nd no rent~l ~cti ~v'i ty oh~ll be conducted on public property; (iv) No more th~n one (1) oign identifying ~ny ouch eot~bliohment oh~ll be permitted, ~nd no ouch oign oh~ll exceed four (1.) oqu~re feet per face in ourface ~re~, be illuminated, or encro~ch into ~ny portion of the public right of ',;ay, ~nd pointo of ingreoo of ~ny ouch eot~bliohment located ~dj~cent to public property oh~ll be directly connected to the bo~rd',J~lJc bicycle p~th by me~no of ~n exioting oider.,;alJc, otreet or connector p~rJc. (5) Huoeumo oper~ted by nonprofit org~niz~tiono. (6) Building mounted ~ntennao. (v) 5 127 128 129 130 131 132 133 134 135 136 137 (7) Temporary commercial parlcing lota, provided that adj acent to any public right of 'vWY perimeter landacaping meeting the requirementa of the City Code, l\.ppendix C Site ['lan Ordinance, Section Sl\. and the ['ublic Worko Specificationo and Standardo Manual ohall be inotalled, and temporary ourface treatment in accordance ',;i th the otandardo for temporary parking loto in the ['ublic Worlco Specificationo and Standardo ~1anual ohall be allowed. (b) Conditional uoeo and otructureo: Uoeo and otructureo 138 hereinafter opecified, oubject to compliance ',:ith the pro'Jioiono 139 of part C of article 2 hereof: 140 (1) Commercial parking loto and parking garageo. 141 (2) Reotauranto operated in conj unction ',;i th hotelo 142 143 144 145 146 147 148 149 or motela ',;here both of the follo'vJing occur, pro',Tided, hO',lever, that drive through facili tieD ohall not be permitted: (i) l\.lcoholic beverageo are oerved, (ii) The eotabliohment excludeD peroono on the baoio of age during any part of the day. (3) IIeliporto and heliotopo. (3.01) ['arking otructurco. 6 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 (3.05) po.ooenger 'Jeooelo permitted by United Sto.teo COo.ot Cuo.rd regulo.tiono to co.rry more tho.n one hundred forty nine (119) paooengero o.nd uoed for commercio.l purpooeo. (3.1) (4) Peroono.l ..;atercro.ft rentalo. fo.cilitieo of Recreo.tiono.l and o.muoement o.n outdoor .,;hich mo.y be po.rtially or no.ture, temporo.rily enclooed on 0. oeo.oono.l bo.oio ..;i th o.pprovo.I of city council, provided tho.t, in the development of ouch propertieo, oo.feguo.rdo are provided to preoerve o.nd protect the exioting cho.ro.cter of o.djo.cent propertieo, except tho.t riding o.co.demieo o.nd recreo.tiono.l co.mpgroundo oho.ll not be o.llm;ed 0.0 0. conditiono.l uoe or othenJioe. (5) So.tellite ~o.gering fo.cility. (a) The following chart lists those uses permitted within 167 the RT-1 Resort Tourist District as either principal uses, as 168 indicated by a "P" or as conditional uses, as indicated by a 169 170 171 "C." Condi tional uses shall be subj ect to the provisions of Part C of Article 2 (Section 220 et. seq.). No uses or structures other than those specified shall be permitted. All 172 uses, whether principal or conditional, should to the greatest 7 173 extent possible adhere to the provisions of the Oceanfront 174 Resort Area Design Guidelines. 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 Use RT-l 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 p 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 anyone 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 adj acent to public property shall be directly connected to the boardwalk bicycle path by means of an existing sidewalk, street or connector park p Building mounted antennas p 8 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 Commercial parking lots and garages C Eating and drinking or not operated hotel or motel, following occur: are served; and excludes persons during any part of establishments, whether in conjunction with a where both of the (i) alcoholic beverages (ii) the establishment on the basis of age the day C Heliports and helistops C Museums operated by non-profit organizations P Parking structures 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 watercraft rentals C Public buildings and grounds P Public utilities installations and substations including offices; provided storage or maintenance facilities shall not be permitted; and provided further, that utilities substations, other than individual transformers, shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screening hedge five (5) to six (6) feet in height; and provided also, transformer vaults for underground utilities and the like shall require only a landscaped screening hedge, solid except for access opening. P Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council, provided that, in the development of such properties, safeguards are provided to preserve and protect the existing 9 258 character of adjacent properties P 259 260 Satellite wagering facility C 261 262 Temporary commercial parking lots, provided 263 that adjacent to any public right-of-way 264 perimeter landscaping meeting the 265 requirements of the Section 5A of the Site 266 Plan Ordinance and the Public Works 267 Specifications and Standards Manual shall 268 be installed, and temporary surface 269 treatment in accordance with the standards 270 for temporary parking lots in the Public 271 Works Specifications and Standards Manual 272 shall be allowed. P 273 274 275 (b) Structures enclosing uses permitted in conjunction 276 with hotels and motels shall be subject to the following 277 requirements: 278 (1) Such structures shall be located entirely wi thin and shall be fully enclosed at all times by solid 279 280 exterior walls and roof with no exterior opening, 281 other than passageway doors as may be required by the Virginia Uniform Statewide Building Code; 282 283 (2) Except with respect to boardwalk cafes as 284 permitted by franchise agreements approved by the 285 City Council, no entrance or exit to the use 286 shall be located on the side of any structure facing the boardwalk, unless such entrance or 287 288 exit provides access to a courtyard or intervening open area, in which case such open 289 10 290 291 292 293 294 295 296 297 298 299 area shall be fully fenced or walled to a height of at least four (4 ) feet and without any entrances or exits facing the boardwalk; and (3) Parking structures shall be permitted in conjunction with hotels and motels provided that any ground level parking within the structure fronting on Atlantic Avenue, the boardwalk, or any public park or open space is prohibited except for necessary access drives and ramps. (c) Proposed conditional uses shall be evaluated for 300 consistency with the following criteria regarding general land 301 use, transportation, and aesthetic provisions in order to 302 further the legislative intent of the RT-1 District and the 303 goals of the Comprehensive Plan and Oceanfront Resort Area Plan: 304 305 306 307 308 309 310 311 312 (1) Any development or redevelopment ln this area should contribute to creating an attractive wholesome family resort destination; (2) The use should be consistent with the resort area goal to promote a safe, day and night, year round resort destination; (3) The use and structure should complement resort acti vi ty centers and corridors and advance the area's public and private investments; 11 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 (4) All development and other physical improvements, such as landscaping, signs, lighting, and other similar elements should strive to achieve a high level of design excellence and contribute to a quality image as expressed in the Oceanfront Resort Area Design Guidelines; (5) All transportation improvements should be designed to shift the dominant transportation mode in the area from vehicular to pedestrian and transit; and (6) The use should be appropriate for both local residents and visitors to the area. Sec. 1506. Maximum dcnoity ratingo Density. Except as otherwise provided in section 1507, the maximum 329 density of hotel and motel development shall be one hundred 330 sixty (160) units per acre for the entire zoning lot, of which 331 no more than ten (10) fifteen (15) percent of the allowable 332 number of units oh.J.11 may be dwelling units, even if partially 333 occupied by other principal uses or conditional uses. 12 334 Sec. 1507. Dcaired deDign featureD and inccntiveD. Perfor.mance 335 Standards and Incentives. 336 337 (a) For uses on lots with a minimum area of twenty 338 thousand (20,000) square feet and having architectural features, 339 site design and landscaping consistent with the Comprehensive 340 Plan, the Oceanfront Resort Area Plan, and the Resort Area 341 Design Guidelines, the maximum density of hotel and motel uses 342 shall be one hundred seventy-five (175) units per acre, of which 343 no more than ten ( 10) fifteen (15) percent of the allowable 344 number of units oh~ll may be dwelling units, and uses in 345 conjunction with hotels and motels may occupy up to but not more 346 ~ a maximum of twenty (20) percent of the floor area of all 347 structures (excluding parking) located on the lot. 348 (b) For uses on lots with a minimum area of forty thousand 349 (40,000) square feet and having architectural features, site 350 design and landscaping consistent with the Comprehensive Plan..!... 351 the Oceanfront Resort Area Plan, and the Resort Area Design 352 Guidelines, the maximum density of hotel and motel uses shall be 353 two hundred (200) units per acre, of which no more than ten (10) 354 fifteen (15) percent ohnll may be dwelling units, and uses in 355 conjunction with hotels and motels may occupy up to but not more 356 than twenty-five (25 ) percent of the floor area of all 357 structures located on the lot. 13 358 (c) For uses on lots with a minimum area of eighty thousand 359 (80,000) square feet or on separate lots under common ownership 360 totaling at least eighty thousand (80,000) square feet in area, 361 where: (i) such lots are separated solely by a public street of 362 no more than one hundred (100) feet in width and by a distance 363 not exceeding the width of the public street, (ii) at least 364 twenty (20) percent of the floor area of the use is for 365 convention or related facilities, (iii) the entire lot or lots 366 are developed in a functionally integrated fashion, and (iv) the 367 uses have architectural features, site design and landscaping 368 consistent with the Comprehensive Plan, the Oceanfront Resort 369 Area Plan, and the Resort Area Design Guidelines, the following 370 shall apply: 371 372 373 374 375 376 377 378 379 380 381 (1) The maximum density for hotel and motel uses shall be two hundred twenty-five (225) units per acre, of which no more than ten (10) fifteen (15) percent oh~ll may be dwelling units, for the entire accumulation of parcels (2) Uses in conjunction with a hotel may occupy up to fifty (50) percent of the floor area of the structures; and (3) Required parking shall be at least one (1) space per lodging or dwelling unit or one (1) space per two hundred (200) square feet of floor area used 14 382 for uses in conjunction with the hotel, whichever 383 is greater. 384 ( d) In addition to the number of units otherwise 385 allowed pursuant to this section, where open 386 space meeting the criteria set forth in section 387 1502(e) is provided, the number of hotel or motel 388 units may be increased by one and one-half (1.5) 389 units, of which no more than ten (10) fifteen 390 (15) percent of the allowable number of units 391 may be dwelling units, for everyone thousand 392 (1,000) square feet of open space provided. 393 394 395 B. RT-2 RESORT TOURIST DISTRICT 396 397 See. 1510. Legislative intent. 398 399 The provioiono purpose of the RT-2 Resort Tourist District is 400 to provide areas for resort hotels and appropriate mixtures of 401 other complementary uses generally in the area west of Atlantic 402 Avenue and east of Pacific Avenue. It is further the intent of 403 this district to recognize existing on-site parking problems and 404 to foster good design and development patterns through the use 405 of incentives. Development in this district shall advance 406 Resort Area land use and design goals and, as expressed in the 407 Comprehensive Plan, conform to the Oceanfront Resort Area Plan 408 and the Oceanfront Resort Area Design Guidelines, and shall be 15 409 appropriate in use and design to its proximity to Naval Air 410 Station Oceana. 411 412 Sec. 1511. Use regulations. 413 414 (;:t) I'rincipcd uoco .:lnd otructurco: For p;:trcelo leoo th;:tn 415 fourteen thouo;:tnd (14,000) oqu;:tre feet in oize, ;:tny one (1) of 416 the follmdng io ;:tllo'.led, pro~..ided, hO'.:ever, that drive through 417 f;:tcilitieo oh;:tll not be permitted ;:to ;:t princip;:tl or ;:tcceooory 4 18 -l::lS€-:- 419 (0.5) ~ntenn;:to, building mounted; 420 (1) ~uditoriumo ;:tnd ;:tooembly h;:tllo; 421 (2) I3o;:tt oaleo, 422 (3) I3uoineoo otudioo, officeo, clinico ;:tnd medic;:tl 423 l;:tbor;:ttorieo; 424 (4) Bicycle rent;:tl eot;:tbliohmento; 425 (5) Child c;:tre ;:tnd child c;:tre educ;:ttion centero; 426 (6) Reoerved; 427 (7) Commerci;:tl recre;:ttion f;:tcili tieo other than thooe of 428 ;:tn outdoor n;:tture; 429 (8) E;:tting ;:tnd drinking eot;:tbliohmento, except ;:to 430 opecified in ouboection (c) (6) , 431 (9) Fin;:tnci;:tl inotitutiono; 432 (10) Funer;:tl homeo; 433 (11) Huoeumo ;:tnd ;:trt g;:tllerieo; 16 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 (12) Off oi te p.J.rJcing f.J.cili tieo, provided the provioiono of oection 1505 .J.re met, .J.nd pro...ided further, th.J.t p.J.rlcing otructureo oh.J.ll be .J.llo'.;ed only .J.o .J. (16) Public utilitieo inot.J.ll.J.tiono .J.nd oubot.J.tiono including officeo, provided otor.J.ge or m.J.inten.J.nce f.J.cilitieo oh.J.ll not be permitted, .J.nd provided, further, th.J.t utilitieo oubot.J.tiono, other th.J.n individu.J.l tr.J.noformero, oh.J.ll be ourrounded by a '...J.ll, oolid except for entr.J.nceo .J.nd exito, or by .J. fence '.dth .J. ocreening hedge fi'v'e (5) to oix (6) feet in height; and provided aloo, tr.J.noformer vaul to for underground utilitieo .J.nd the like oh.J.ll require only .J. l.J.ndoc.J.ped ocreening hedge, oolid except for .J.cceoo opening; (17) Ret.J.il eot.J.bliohmento, including the incident.J.l m.J.nuf.J.cturing of goodo for o.J.le only .J.t ret.J.il on the 17 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 premioeo; retail oaleo and dioplay roomo and loto, provided that yardo for otorage of ne~ or uoed building materialo or yardo for any ocrap or oalvage operationo or for otorage or dioplay of any ocrap, oalvage or oecondhand building materialo or automobile parto ohall not be allo~ed, further provided that adult bookotoreo ohall be prohibited from locating ',dthin fi~..e hundred (500) feet of any apartment or reoidential diotrict, oingle or multiple family d.....elling, church, park or ochool. (17.5) Temporary commercial parking loto, provided that adj acent to any public right of ',...ay perimeter landocaping meeting the requiremento of the City Code, l\.ppendix C Si te Plan Ordinance, Section 51\ and the Public worko Specificationo and Standardo Hanual ohall be inotalled, and temporary ourface treatment in accordance "...i th the otandardo for temporary parking 475 loto in the Public Worko Specificationo and Standardo 476 Hanual ohall be aIIO'....ed. 477 For parcelo greater than fourteen thouoand (11,000) oquare feet, 478 any of the follm...ing additional uoeo are allO'....ed and may be uoed 479 in combination "...ith any of the permitted uoeo lioted above: 480 (18) Hultifamily duellingo, 18 481 482 483 484 485 486 487 488 489 (19) P1otelo .:md hotelo .,.hich m.:ty h.:tve in conjunction 'v.ith them .:tny combin.:ttion of reot.:tur.:tnto, ret.:til commerci.:tl uoe .:tnd con'J'ention f.:tcili tieo, provided th.:tt uoeo in conjunction ~ith hotelo .:tnd motelo m.:ty not occupy more than ten (10) percent of the floor .:tre.:t of .:tll (a) otructureo (excluding p.:trking) loc.:tted on the lot, provided further, th.:tt drive through f.:tcilitieo oh.:tll not be permitted .:to .:t princip.:tl or .:tcceooory uoe. The following chart lists those uses permitted within 490 the RT-2 Resort Tourist District as either principal uses, as 491 indicated by a "P," or as conditional uses, as indicated by a 492 "C." Condi tional uses shall be subj ect to the provisions of 493 Part C of Article 2 (Section 220 et seg). Buildings within the 494 RT-2 District may include any principal or conditional uses in 495 496 497 combination with any other principal or conditional uses. No be uses or structures other those specified shall than permitted. All uses, whether principal or conditional, should 498 to the greatest extent possible adhere to the provisions of the 499 Oceanfront Resort Area Design Guidelines. 500 501 502 503 Use Antennas, building-mounted Auditoriums and assembly halls RT-2 P P 19 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 Automobile provided within a and small that all building engine repair establishments, repair work shall be performed Automobile service stations Bed and Breakfast Inns Bicycle rental establishments Boat sales Business studios, laboratories offices, clinics medical and Car wash facilities, provided that: (i) No water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties; and (ii) A minimum of three (3) off-street parking spaces for automobiles shall be provided for each car wash space within the facility Child care and child care education centers Churches Commercial parking lots, parking garages, structures and storage garages parking 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 specified below establishments, as except 20 C C C p p p C p C C p c C p p 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 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 Financial institutions Funeral homes Heliports and helistops Home occupations Hospitals and sanitariums Housing for seniors and disabled persons; maternity Homes Marinas, including facilities for storage and repair of boats and sale of boating supplies and fuel 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 Motels and hotels, on lots greater than fourteen thousand (14,000) square feet, which may have in conjunction with them any combination of restaurants, retail commercial use and convention and conference facilities, provided that uses in conjunction with hotels and motels may not occupy more than twenty (20) percent of the floor area of the floor area of all structures (excluding parking) located on the lot; provided further drive-through facilities shall not be permitted as a principal or accessory use Museums and art galleries 579 Off-site parking facilities in connection with any 580 permitted or conditional use within the RT-1, RT-2, 581 or RT-3 Resort Tourist Districts, provided the 582 requirements of section 1514 are met, the off-site 583 parking facility is located at least 100 feet from 584 any lot zoned Residential or Apartment District, and 21 c p p c c c c c c p p 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 provided further that all of the following requirements are met: (a) Parking structures for such parking facilities shall be allowed only as a conditional use; (b) Off-site parking facilities shall be located wi thin one thousand (1,000) feet from the use they are intended to serve; (c) A written agreement assuring continued availability of the number of spaces indicated shall be drawn and executed, and a certified copy of such agreement shall be recorded with the clerk of the court. Such agreement shall stipulate that, if such space is not maintained or space acceptable to planning director 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 Passenger transportation terminals Passenger vessels permitted by United States Coast Guard regulations to carry more than one hundred forty-nine (149) passengers and used for commercial purposes Personal service establishments including barber and beauty shops, shoe repair shops, cleaning, dyeing, laundry, pressing dressmaking, tailoring and garment repair ihops with processing on the premises 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 opening 22 P C C P C C P P 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 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 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 with approval of city council, provided that, in the development of such properties, safeguards are provided to preserve and protect the existing character of adjacent properties 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 Temporary commercial parking lots, provided that adj acent to any public right-of -way perimeter landscaping meeting the requirements of the City Code, Appendix C - Site Plan Ordinance, Section 5A and the Public Works Specifications and Standards Manual shall be installed, and temporary surface treatment in accordance with the standards for temporary parking lots in the Public Works Specifications and Standards Manual shall be allowed. P (b) Accessory uses and structures: Uses and structures 666 which are customarily accessory and clearly incidental and 667 subordinate to the principal uses and structures; provided, 668 however, that drive-through facilities shall not be permitted: 23 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 (1) An accessory activity operated for profit in a residential dwelling unit where there is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one (1) nonilluminated identification sign not more than one (1) square foot in area mounted flat against the residence; where no traffic is generated, including traffic by commercial delivery vehicles, by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; where the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling unit is employed in the activity; where such activity is conducted only in the principal structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the activity is specifically designed or conducted to permit no more than one (1) patron, customer, or pupil 24 693 694 695 696 697 698 699 to be present on the premises at anyone time. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, tourist home s , tattoo parlors, body piercing massage or (c) establishments, radio or television repair shops, auto repair shops, or similar establishments. Proposed conditional uses shall be evaluated for 700 consistency with the following criteria regarding general land 701 use, transportation, and aesthetic provisions in order to 702 further the legislative intent of the RT-2 District and the 703 goals of the Comprehensive Plan and Oceanfront Resort Area Plan: 704 705 706 707 708 709 710 711 712 713 714 715 716 (1) Any development or redevelopment in this area should contribute creating attractive to an (2) wholesome family resort destination; The use should be consistent with the resort area goal to promote a safe, day and night, year round resort destination; The use and structure should complement resort activity centers and corridors and advance the area's public and private investments; (3) (4) All development and other physical improvements, such as landscaping, signs, lighting, and other similar elements should strive to achieve a high level of design excellence and contribute to a 25 717 718 719 720 721 722 723 724 725 quality image as expressed in the Oceanfront Resort Area Design Guidelines; (5) All transportation improvements should be (6 ) designed to shift the dominant transportation mode in the area from vehicular to pedestrian and transit; and The use should be appropriate for both local residents and visitors to the area. Condi tionci.l uoeo .J.nd otructureo. Uoeo .J.nd otructureo (c) 726 herein.J.fter opecified, oubj ect to compli.J.nce ..;i th the pro7ioiono 727 of p.J.rt C of .J.rticle 2 hereof; provided hO'.;ever, th.J.t except .J.O 728 oet forth in oubdhrioion (5.5), drive through f.J.cilitieo ohall 729 not be permitted .J.O .J. condition.J.l or acceooory uoe. 730 731 732 733 734 735 736 737 738 739 740 (1) ~utomobile .J.nd om.J.ll engine rep.J.ir eot.J.bliohmento, pro7ided th.J.t .J.ll repair ~o~c oh.J.ll be performed ~ithin .J. building, (2) ~utomobile oer7ice otationo, provided th.J.t, "...here there io .J.n .J.djoining reoidenti.J.l or .J.p.J.rtment .J.lley or diotrict ~ithout .J.n intervening otreet, perm.J.nent open op.J.ce over t..;enty fi~,le (25) feet in "y;idth .J.nd .,;here loto oep.J.r.J.ted by .J. diotrict bound.J.ry h.J.7e .J.dj.J.cent front Y.J.rdo, .J. oix foot oolid fence oh.J.ll oep.J.r.J.te the .J.utomobile oervice ot.J.tion uoe from the .J.dj.J.cent reoidenti.J.l diotrict .J.nd no ground oign 26 oh~ll be within fifty (50) feet of the reoidenti~l or ~p~rtment diotrict; (3) C~r ',:~oh f~cilitieo, provided th~t: (i) No l,J~ter produced by ~ctivitieo on the zoning lot oh~ll be permitted to fall upon or dr~in ~crooo public otreeto or oidc,:~lko or ~dj ~cent propertieo; (ii) 1', minimum of three (3) off otreet p~r]cing opaceo for ~utomobileo ohall be provided for e~ch c~r ',:~oh opace ',:i thin the f ~c i lit Y ; 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 (4 ) (4. 5) (5) (5.5) Churcheo, Commerci~l p~rking loto, p~rking g~r~geo, p~rking otructureo ~nd otor~ge g~r~geo; Dormitorieo for m~rine piloto; Drive through f~cilitieo fin~nci~l of 27 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 (8) Houoing for oenioro .:md dioClbled peroono, mClterni ty homeo; child CClre centero, other thCln thooe c07ered under permitted principCll uoeo and otructureo hereinClbove, (9) Home occupCltiono, (10) HoopitCllo Clnd oClnitClriumo; (11) HClrinClo, including fClcili tieo for otorClge Clnd repClir of bOClto Clnd oClle of bOClting oupplieo Clnd fuel; (12) Mini ~Clrehouoeo, provided thClt the YClrd ohClll be completely enclooed except for neceooary openingo for ingreoo Clnd egreoo by Cl fence or ...Clll not leoo thCln oix (6) feet in height, (12.5) Off oite pClrking fClcilitieo for uoeo Clnd (13. 5) (11) PeroonCll ~CltercrClft rentCllo; Public utility otorClge or mClintenClnce inotallCltiono, 28 788 (15) Ra.dio a.nd televioion broa.dcaoting ota.tiono, 789 cellula.r telephone a.ntenna. a.nd line of oight rela.y 790 deviceo; 791 (16) Recrea.tional a.nd a.muoement fa.cilitieo of a.n 792 outdoor na.ture, ".hich ma.y be pa.rtia.lly or tempora.rily 793 enclooed on a. oea.oona.l ba.oio ',;'i th a.pprova.l of city 794 council, provided tha.t, in the development of ouch 795 propertieo, oa.feguardo a.xe provided to preoerv"e a.nd 796 protect the exioting cha.ra.cter of a.dja.cent propertieo, 797 except tha.t riding a.ca.demieo a.nd recrea.tiona.l 798 campgroundo ohall not be a.lloy,.ed a.o a. conditiona.l uoe 799 or other'..ioe; 800 (17) 8a.tellite va.gering fa.cility. 801 802 803 Sec. 1513. Sign regulations. 804 (a) The RT-2 Resort Tourist District is hereby declared a 805 special sign district, in which the following regulations shall 806 apply. The provisions of this section shall be in addition to, 807 and not in lieu of, any other ordinance or regulation pertaining 808 to signs, and to the extent that any provision of this section 809 conflicts with any other ordinance or regulation, the provision 810 of this section shall control. 811 (b) Within the RT-2 Resort Tourist District, no sign 812 shall: 29 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 (1) Contain any commercial matter other than the name of the establishment and not more than two (2) words designating the thereby; (2) Contain, consist of, be illuminated by, or be type of establishment advertised attached or connected to any moving, flashing, blinking, alternating or pulsating light or lights changing in intensity, except lights indicating the temperature or time of day in alternating cycles of not less than five (5) seconds; (3) Be permitted to remain in a state of disrepair or deterioration for any period of time longer than is necessary to effect the repair or restoration of such sign. For purposes of this section, the terms "disrepair" and "deterioration" shall include, but not be limited to, the chipping, cracking, peeling or excessive fading of paint or other coloration, and damage to the advertising face or other component of any sign. (j) Signs located at the ground level of a building 834 identifying the entrance to upper-floor residential dwelling 835 units within a mixed use building shall be permitted, provided 836 however, that no such sign shall exceed eight (8) square feet of 30 837 surface area, and that the number of signs shall be limited to 838 one (1) sign at street level at each principal entrance. Such 839 sign shall not count against sign area otherwise permitted for 840 multi-family dwellings. 841 (k) Public or private parking structures and parking 842 garages may have one (1) sign per vehicle entrance and two (2) 843 additional signs. Such signs shall have no more than seventy- 844 five (75) square feet of surface area and shall identify the 845 building on which they are located as a parking structure or 846 parking garage. 847 -f4+ The pro7ioiono of thio oection ohall be deemed to be 848 oeverable, and if any of the pro7ioiono hereof be adjudged to be 849 in7alid or unenforceable, the remainder of thio oection ohall 850 remain in full force and effect and ita validity ohall remain 851 unimpaired. 852 853 Sec. 1514. Off-street parking regulations. 854 (a) Parking shall be required for hotels and motels in the 855 RT-2 Resort Tourist District ~n accordance with section 203./ 856 aaa Parking shall be required for multi-family dwellings as 857 specified in Section 203, but shall not be required for other 858 uses or structures within the district. 859 (b) Areas devoted to parking of vehicles shall comply with 860 the applicable provisions of the Oceanfront ResortArea Design 31 861 Guidelines. 862 (c) Parking requirements for uses within the RT-2 Resort 863 Tourist District may be satisfied by anyone, or a combination 864 of, the following: 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 880 881 882 (1) On-site parking; (2) Off-site parking facilities, as set forth in section 1511 of this ordinance; or (3) Public parking, if the Planning Director determines (a) that there is at least a sufficient number of public parking spaces located within one- thousand (1,000) feet of the proposed use to meet public parking demands; (b) that such public parking spaces are not used to satisfy the parking and (c) that the use of requirements of any other use, such public parking spaces to satisfy the parking requirements of the proposed use, either wholly or partially, is warranted in light of the following considerations: (A) The extent to which the proposed use advances the goals and objectives of the RT-2 Resort Tourist District and the Oceanfront Resort Area Plan; 32 883 ( B ) The extent to which the proposed use 884 conforms to the provisions of the Oceanfront 885 Resort Area Design Guidelines; and 886 (C) The amount of the proj ected tax revenue to 887 be generated by the proposed use and 888 improvements. 889 890 Sec. 1515. Mo.Jdmum donoity ro.tingo Density. 891 (a) For purposes of determining the maximum allowed 892 density for multifamily dwellings, hotels, and motels, in 893 addition to the area of the zoning lot on which the use is to be 894 located, the area of any other lot under common ownership with 895 such zoning lot and separated from such zoning lot by a public 896 street of no more than one hundred (100) feet in width shall be 897 included. 898 (b) The maximum density for hotel and motel development 899 shall be eighty (80) lodging units per acre, and for multi- 900 family dwellings twenty-four (24) units per acre. Density shall 901 be established based on the entire zoning lot, even if partially 902 occupied by other principal uses or conditional uses except that 903 no parcel may simultaneously receive density credit for both 904 lodging units and multifamily dwelling units. 33 Sec. 1516. Deoired design featureo and incentiveo. Standards and Incentives. Performance 905 906 907 908 .J.) For thooe UDeo 'v.hich incorporate .J.ll of the follmJing 909 deoired deoign fe.J.tureo: 910 (1) Minimum lot oize of forty thouo.J.nd (40,000) 911 oqu.J.re feet. 912 (2) Setb.J.ck from e.J.ot ',:eot otreeto of at le.:l.Ot ten 913 (10) feet ~ith are.J. l.J.ndoc.J.ped in .J.ccord.J.nce vith 914 the l.J.ndoc.J.ping, ocreening .J.nd buffering 915 opecific.J.tiono .J.nd ot.J.nd.J.rdo. 916 The m.J.ximum denoity of hotel .J.nd motel uoe oh.J.ll be one 917 hundred (l00) lodging unito per .J.cre .J.nd the m.J.ximum height for 918 hotel .J.nd motel uoe oh.J.ll be oeventy five (75) feet provided, 919 hO'yJever, the m.J.ximum height oh.J.ll be one hundred (100) feet if 920 .J.ll portiono of the building .J.bove oeventy five (75) feet in 921 height .J.re oct back from the e.J.otern property line .J.t le.J.ot one 922 (1) foot for e.J.ch one .J.nd one h.J.lf (1 1/2) feet of .J.ddition.J.l 923 height .J.bove oe~v"enty five (75) feet. The maJClmUm denoity for 924 multif.J.mily d~ellingo oh.J.ll be thirty (30) unito per .J.cre. 925 (b) For thooe uoeo ',Jhich incorpor.J.te .J.ll of the deoired 926 deoign fe.J.tureo outlined in (.J.) .J.bove .J.nd in .J.ddition to 927 the folloving: 928 (1) Minimum lot oize of oixty thouo.J.nd (60,000) oqu.J.re 929 feet. 34 1-- 930 931 932 933 934 935 936 (2) CetbClclco from eaot 1.Jeot otreeto of Clt leClot fifteen (15) feet ..d th the ClreCl IClndocClped in ClccordClnce l,d th the IClndocClping, ocreening Clnd buffering opecificCltiono Clnd otClndClrdo. The mClximum denoi ty of hotel Clnd motel uoe ohCll1 be one hundred tl,:enty (120) lodging unito per for hotel Clnd motel uoe ohCll1 be Clcre, the mClximum height oeventy five (75 ) feet 937 provided, hm:ever, the mClximum height ohCll1 be one hundred (100) 938 feet if ClII portiono of the building Clbove oeventy five (75) 939 feet in height Clre oet back from the eClotern property line Clt 940 leClot one (1) foot for eClch one Clnd one hCllf (1 1/2) feet of 941 CldditionClI height Clbove oeventy five (75) feet. The ffiClximum 942 denoity of multi fClmily d.,:elling uoe ohall be thirty oix (36) 943 dl,Jellingo unito per Clcre. 944 To achieve the legislative intent of the RT-2 Resort 945 Tourist District and the goals and obj ecti ves expressed in the 946 Oceanfront Resort Area Plan, multi-family residential 947 development within mixed use development and hotel and motel 948 development within the RT-2 District should strive to comply 949 with the criteria provided in the Oceanfront Resort Area Design 950 Guidelines. As an incentive to develop lots within the RT-2 951 District in a compatible and appropriate manner, compliance with 952 the criteria of the design guidelines and to the additional 953 provisions below shall result in allowed deviations to density 35 ,-- 954 requirements of this ordinance. Determination of compliance with 955 the criteria provided below shall be made by the Director of 956 Planning or his or her designee. Any appeal by the applicant of 957 the determination of compliance by the Director of Planning 958 shall be to the City Council. 959 960 961 962 963 964 965 966 967 968 969 970 971 972 973 974 975 976 977 (a) Multi-family residential. (1) The maximum density of multi-family dwellings that are on a zoning lot with a minimum lot size of 30,000 square feet shall be 30 dwelling units per acre. (2) The maximum density of multi-family dwellings that are on a zoning lot of at least 45,000 square feet and meet the provisions of the Resort Area Design Guidelines shall be 36 dwelling units per acre. (3) The maximum density of multi-family dwellings that meet the provisions of both subsection (2) above and that have all required parking spaces contained within an on-site parking structure designed consistent with the Resort Area Design Guidelines located on the same zoning lot as the development shall be 60 dwelling units per acre and the maximum height shall be one hundred (100) feet. 36 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 (b) Hotels and motels. (1) For hotel and motel use located on a zoning lot of at least 30,000 square feet and which meets the criteria of the Resort Area Design Guidelines, the maximum density of hotel and motel use shall be one hundred (100) lodging units per acre. The maximum height for such hotel and motel use shall be seventy-five (75) feet provided, however, the maximum height shall be one hundred (100) feet if all portions of the building above seventy-five (75) feet in height are set back from the eastern property line at least one (1) foot for each one and one-half (1 1/2) feet of additional height above seventy-five (75) feet. (2) The maximum density of hotel and motel uses on a zoning lot of at least 45,000 square feet, where required parking is located on-site within a parking structure, and which meets the provisions of the Oceanfront Resort Area Design Guidelines shall be one hundred twenty (120) lodging units per acre. The maximum height for such hotel and motel use shall be seventy-five (75) feet provided, however, the maximum height shall be 37 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 one hundred (100) feet if all portions of the building above seventy-five (75) feet in height are set back from the eastern property line at least one (1) foot for each one and one-half (1 1/2) feet of additional height above seventy-five (75) feet. C. RT-3 RESORT TOURIST DISTRICT Sec. 1520. Legislative intent. The purpose of the RT-3 Resort Tourist District is to provide areao for reoort hotelo and appropriate mixtureo of other complementary uoeo generally in the area. .,.eot of Pacific l\.~v"enue ',.here thio high concentration of reoort facilitieo io deoirable. It io further the intent of thio diotrict to footer good deoign and development pa.tterno through the uoe of incentiveo an area for a mixture of uses primarily devoted to resort and complementary that convention, resort uses promote entertainment, residential, civic activities, and related increase the economic tax base, protect and leverage public investment with private investment, ensure land use compatibility with existing residential areas, ensure good pedestrian movement systems, and provide exceptional design quality. 38 ,--_n 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 Development in this district shall advance Resort Area land use and design goals and, as expressed in the Comprehensive Plan, conform to the Oceanfront Resort Area plan and the Oceanfront Design Guidelines, shall be and Resort Area appropriate in use and design to its proximity to Naval Air Station Oceana. Sec. 1521. Use regulations. (.:1) rrincipcll uoco cmd otructurco. For p.:1rcelo leoo th.:1n twenty thouoand (20,000) oqu.:1re feet in oize, .:1ny one (1) of the follo..dng io allo..ledi provided, hm:ever, th.:1t except .:10 provided in oubdivioion (5.5) of ouboection (c), drive through f.:1cilitieo oh.:111 not be permitted in .:1ny portion of the diotrict: (0.5) ~ntenn.:1o, building mountedi (1) ~uditoriumo .:1nd .:1ooembly h.:1llo, (2) I30.:1t O.:1leOi (3) Buoineoo otudioo, officeo, clinico medical .:1nd l.:1boratorieoi (1) Bicycle rent.:11 eot.:1bliohmentoi (5) Child C.:1re .:1nd child C.:1re educ.:1tion centero, (6) Reoervedi (7) Commerci.:11 recre.:1tion f.:1cil i tieo other th.:1n thooe of .:1n outdoor n.:1turei 39 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 (8) D',;ellingo, additiono to oingle fa.mily, duplex, oemi atta.ched, a.nd a.tta.ched; (9) Ea.ting a.nd drinking eota.bliohmento, opecified in ouboection (c) (6) ; (10) Fina.ncial inotitutiono, (11) Funera.l homeo, (12) ~4uoeumo a.nd a.rt ga.llerieo; (13) Off oi te pa.rking fa.cili tieo, provided the provioiono except a.o of oection 1505 arc met, a.nd provided further, tha.t pa.rking otructureo oha.ll be a.llo'v,ed only ao a. conditional uoe; (11) I'eroonal oervice eota.bliohmento, including ba.rber a.nd bea.uty ohopo, ohoe repa.ir ohopo, clea.ning, dyeing, la.undry, preooing, dreooma.king, ta.iloring a.nd ga.rment repa.ir ohopo ~ith proceooing on the premioeo; (15) I'riva.te clubo, lodgeo, oocia.l centero, eleemooyna.ry eota.bliohmento a.nd a.thletic clubo; (16) I'ublic buildingo a.nd groundo, (17) I'ublic utilitieo inota.lla.tiono a.nd oubota.tiono including officeo; provided otorage or ma.intena.nce fa.cilitieo oha.ll not be permitted, a.nd pro~Jided , further, tha.t utilitieo oubota.tiono, other tha.n individua.l tra.noformero, oha.ll be ourrounded by a. 'v;a.ll, oolid except for entra.nceo a.nd exito, or by a. 40 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 fence ..;ith a ocreening hedge fi'Je (5) to oix (6) feet in height, .::md provided a.loo, tra.noformer va.ul to for underground utilitieo a.nd the like oha.ll require only a. la.ndoca.ped ocreening hedge, oolid except for a.cceoo opening; (18) Reta.il eota.bliohmento, including the incidenta.l manufa.cturing of goodo for oa.le only a.t reta.il on the premioeo; reta.il oa.leo a.nd diopla.y roomo a.nd loto, provided tha.t ya.rdo for otora.ge of ne~ or uoed building ma.terialo or yardo for a.ny ocra.p or oa.lva.ge opera.tiono or for otora.ge or diopla.y of a.ny ocra.p, oa.lva.ge or oecondha.nd building ma.terialo or a.utomobile pa.rto oha.ll not be a.llo..;ed, further pro'v'ided tha.t a.dult boolwtoreo oha.ll be prohibited from loca.ting \;ithin five hundred (500) feet of a.ny a.pa.rtment or reoidentia.l diotrict, multiple fa.mily oingle or d\Jelling, church, pa.rk or ochool. For pa.rcelo grea.ter tha.n t..Jenty thouoa.nd (20,000) oqua.re feet, a.ny of the follo~ing additional uoeo a.re a.lloved and ma.y be uoed in combina.tion ~;ith a.ny of the permitted uoeo lioted a.bove. (19) ~4ul tifa.mily d\;ellingo ..;hen de'Jeloped in conj unction on the oa.me pa.rcel \;i th other a.llm;ed uoeo ..;here the floor a.rea. of the multifa.mily d..;elling doeo not exceed 41 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 oe7enty (70) percent of the totnl floor nren of the entire project; (20) Hotelo nnd hotelo ',Jhich mny hnve in conjunction 'y;ith them nny combinntion of reotnurnnto, retnil commercinl uoe nnd convention fncilitieo, pro7ided thnt uoeo in conjunction ;Jith hotelo nnd motelo mny not occupy more than ten (10) percent of the floor nren of nIl otructureo (eJCcluding pnrlcing) locnted on the lot, nnd provided further, thnt dri7e through fncilitieo ohnll not be permitted no n principnl uoe in nny portion of the diotrict enot of ~rctic ~venue, oouth of winoton Salem ~venue nnd 4th Street, or north of 35th Street. (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (Section 220 et. seq.). Except for single- family, duplex, semidetached and attached dwellings, buildings within District include any principal or the RT-3 may conditional uses in combination with any other principal or conditional use. No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. 42 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 Use Antennas, building-mounted Auditoriums and assembly halls Automobile provided within a and small engine repair establishments, that all repair work shall be performed building Automobile service stations Boat Sales Bed and Breakfast Inns Business studios, laboratories offices, clinics medical and Bicycle rental establishments, but only east of Arctic Avenue Child care and child care education centers Churches Commercial parking lots, parking garages, structures and storage garages parking Commercial recreation facilities other than those of an outdoor nature Dormitories for marine pilots Drive-through facilities of provided the lot on which least 100 feet from any Apartment financial institutions, the use is located is at lot zoned Residential or 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 43 RT-3 p p C C p C p C p C C C C C 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 which the use is located is at least 100 feet from any 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 18th Street, 20th Street, 21st Street, and 22nd Street, and provided further that such dwellings should be consistent with the provisions of the Resort Area Design Guidelines 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 contiguous 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 specified below establishments, as except 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 Financial institutions Flea markets Funeral homes Heliports and helistops Home occupations 44 c P P P P P c P c P c c 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 Hospitals and sanitariums Housing for seniors and disabled persons; maternity Homes Marinas, including facilities for storage and repair of boats and sale of boating supplies and fuel 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 Motels and hotels, on lots with a minimum lot size of 20,000 square feet, which may have in conjunction with them any combination of restaurants, retail commercial use and convention and conference facilities, provided that uses in conjunction with hotels and motels may not occupy more than twenty (20) percent of the floor area of the floor area of all structures (excluding parking) located on the lot, and provided further that the lot on which the use is located is at least 100 feet from any lot zoned Residential or Apartment Museums and art galleries Off-site parking facilities in connection with any permitted or conditional use within the RT-1, RT-2, or RT-3 Resort Tourist Districts, provided the requirements of section 1524 are met, the off - si te parking facility is located at least 100 feet from any lot zoned Residential or Apartment District, and provided further that all of the following requirements are met: (a) Parking structures for such parking facilities shall be allowed only as a conditional use; (b) Off-site parking facilities shall be located wi thin one thousand (1,000) feet from the use they are intended to serve; (c) A written agreement assuring continued availability of the number of spaces indicated shall be drawn and executed, and a certified copy of such agreement shall be recorded with the clerk of the court. Such agreement shall stipulate that, if such space is not maintained or space acceptable to planning director substituted, the use or such portion of the use as is deficient in number of parking spaces shall be 45 c c c c P P 1246 1247 1248 1249 J 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 discontinued. The agreement shall be subject to the approval of the City Attorney Passenger transportation terminals Passenger vessels permitted by United States Coast Guard regulations to carry more than one hundred forty-nine (149) passengers and used for commercial purposes 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 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 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 opening Public utility storage or provided the lot in which least 100 feet from any Apartment maintenance installations the use is located is at lot zoned Residential or Radio and television broadcasting stations, cellular antenna and line-of-sight relay devices 46 P C C P C C P P C C 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 1315 1316 1317 Recreational and amusement facilities of nature, which may be partially or enclosed on a seasonal basis an outdoor temporarily 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 (b) Accessory uses and structures: Uses and structures which are customarily accessory and clearly incidental and subordinate to the principal uses and structures; provided, however, that drive-through facilities shall not be permitted as an accessory use: (1) An accessory activity operated for profit in a residential dwelling unit where there is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one (1) nonilluminated identification sign not more than one (1) square foot in area mounted flat again against the residence; where no traffic is generated, including traffic by commercial delivery vehicles, by such activity in greater volumes than would normally be expected In the neighborhood, and any need for parking generated by the conduct of such 47 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 activity is met off the street and other than in a required front yard; where the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling unit is employed in the activity; where such activity is conducted only in the principal structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the activity is specifically designed or conducted to permit no more than one (1) patron, customer, or pupil to be present on the premises at any one time. following specifically The are prohibited as accessory activities: Convalescent or nursing homes, tourist piercing or home s , massage or tattoo radio establishments, parlors, body (c) television repair shops, auto repair shops, or similar establishments. Proposed conditional uses shall be evaluated for consistency with the following criteria regarding general land use, transportation, and aesthetic provisions in order to further the legislative intent of the RT-3 District and the goals of the Comprehensive plan and Oceanfront Resort Area Plan: 48' 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 (1) Any development or redevelopment in this area should contribute. to creating attractive an (2) wholesome family resort destination; The use should be consistent with the resort area goal to promote a safe, day and night, year round resort destination; The use and structure should complement resort activity centers and corridors and advance the area's public and private investments; (4) All development and other physical improvements, (3) such as landscaping, signs, lighting, and other similar elements should strive to achieve a high level of design excellence and contribute to a quality image as expressed in the Oceanfront Resort Area Design Guidelines; ( 7 ) All transportation improvements should be designed to shift the dominant transportation mode in the area from vehicular to pedestrian and transit; and (c) The use should be appropriate for both local residents and visitors to the area. ConditionQl uoco Qnd otructurco: Uoco ~nd otructureo (8 ) herein~fter opecified, oubject to compli~nce ,:ith the provioiono of p~rt C of ~rticle 2 hereof, ~nd provided, th~t except ~o oct 49 1365 1366 1367 1368 1369 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 forth in oubdivioion (5.5), drive through facilitieo ohall not '~ ~ ~ , eeesse=~ "oe J.'n anv no~tion of be permJ.tte~ ao a con~i~iona~ or a ~~ = ~ ~ ~ the diotrict eaot of ~rctic ~venue, oouth of winoton Calem :~enue and 4th Ctreet, or north of 35th Ctreet: (1) ~utomobile and omall engine repair eotabliohmento, pro...ided that all repair ..Jerle ohall be performed ~ithin a building; (2) ~utomobile oervice otationo; provided that, ...here there io adjoining reoidential or apartment an diotrict ~ithout an intervening otreet, alley or permanent open opace over twenty five (25) feet in ~idth and ~here loto oeparated by a diotrict boundary have adjacent front yardo, a oix foot oolid fence ohall oeparate the automobile oervice otation uoe from the adj acent reoidential diotrict and no ground oign ohall be ~ithin fifty (50) feet of the reoidential or apartment diotrict, (2. 5) Bed and brealefaot inno; (3) Car .,:aoh facilitieo, provided that: (i) No 1,.ater produced by acti'Jitieo on the zoning lot ohall be permitted to fall upon or drain acrooo public o ide,Jalleo adjacent otreeto or or propertieo; 50 1388 1389 1390 1391 1392 1393 1394 1395 1396 1397 1398 1399 1400 1401 1402 1403 1404 1405 1406 1407 1408 1409 1410 1411 (ii) l'.. minimum of three (3) off otreet p.J.rking op.J.ceo for .J.utomobileo oh.J.11 be provided for e.J.ch c.J.r ~.J.oh op.J.ce ~ithin the f.J.cility; (1) Churcheo, (4.5) Commercial p.J.rking loto, p.J.rking g.J.r.J.geo, p.J.rking otructureo .J.nd otor.J.ge g.J.r.J.geo, Dormitorieo for m.J.rine piloto; (5 ) (5.5) Drive through facilitieo of fin.J.ncial under permitted princip.J.I uoeo .J.nd otructureo herein.J.bo"Je; (9) Home occup.J.tiono; (10) Hoopit.J.lo .J.nd o.J.nit.J.riumo, (11) H.J.r in.J. 0 , including f.J.cilitieo for otor.J.ge .J.nd rep.J.ir of bO.J.to .J.nd o.J.le of bO.J.ting oupplieo .J.nd fuel, 51 ,---- (12) Nini oo;Clrehouoeo, provided thClt the YClrd ohClll be 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 1428 1429 1430 1431 1432 1433 1434 1435 (13. 5) (14) (15) (16) fClcilitieo uoeo Clnd for purpooeoi I'eroonCll 1,.oCltercrClft rentCllo i I'ublic utility FflClintenClnce otorClge or inotClllationo, RCldio Clnd televioion broadcCloting otCltiono, Clnd line of oight relClY cellulClr telephone ClntennCl deviceoi RecreCltionCll fClcilitieo an of Clnd ClFflUO eFflen t outdoor nClture, Oy;hich FflClY be pClrtiCllly or teFflporClrily enclooed on Cl oeCloonCll bCloio l,;i th ClpprovCl1 of city council, provided thClt, in the developFflent of ouch propertieo, oClfeguClrdo Clxe provided to preoerve Clnd 52 1436 1437 1438 1439 1440 1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1457 1458 1459 protect the exioting cha.ra.cter of a.dja.cent propertieo, except tha.t riding a.ca.demieo recrea.tiona.l a.nd ca.mpgroundo oha.ll not be a.llm;ed a.o a. condi tiona.l uoe or othen:ioe i (17) Sa.tellite wa.gering fa.cility. Sec. 1522. Dimensional requirements. (a) The following chart lists the requirements within the RT-3 Resort Tourist Districts for minimum lot area, width, and yard spacing for all commercial and mixed uses and structures. (1) Minimum lot area: Five thousand (5,000) square feet.l provided, however, that mixed use structures containing lodging units or multi-family dwellings shall meet all applicable requirements of subsection (b), pertaining to lodging units, or subsection (c), pertaining to multi- family dwellings. (2) Minimum lot width: Fifty (50) feet. (3) ~Hnimum oetba.clc for a.ny ya.rd a.dj a.cent to a. north oouth otreet. Ten (10) feet. (4) Minimum setback for any yard adj acent to a street: Zero (0) feet. (5) Maximum setback for any yard adj acent to a street: Twenty (20) feet. +4+(6) Minimum side yard: Zero (0) feet. 53 1460 1461 1462 1463 1464 1465 1466 1467 1468 1469 1470 1471 1472 1473 1474 1475 1476 1477 1478 1479 {5+(7) Minimum rear yard setback: Zero (0) feet. (b) The following chart lists the requirements within the RT-3 Resort Tourist District for minimum lot area, width, and yard spacing for lodging uses and structures. (1) Minimum lot area: Twenty thousand (20,000) square feet. (2) Minimum lot width: Seventy (70) feet. (3) Hinimum oetbnclc for nny ynrd ndjncent to n north oouth otreet. Ten (10) feet. (4) Minimum setback for any yard adjacent to a street other thnn n north oouth otreet: Thirty fi~e (35) Ten (10) feet. (5) Maximum setback for any yard adj acent to a street: Twenty (20) feet. {5+(6) Minimum side yard setback except when adjacent to a street: Twenty (20) feet. +6+(7) Minimum rear yard setback except when adjacent to a street: Twenty (20) feet. (c) The following chart lists the requirements within the RT-3 Resort Tourist District for minimum lot area, width, and 1480 yard spacing for multiple-family dwellings: 1481 1482 1483 (1) Minimum lot area: TT..enty Fourteen thousand (20,000) (14,000) square feet. (2) Minimum lot width: Two-hundred (200) feet. 54 1484 1485 1486 1487 1488 1489 1490 1491 1492 1493 1494 1495 1496 1497 1498 1499 1500 1501 1502 1503 1504 1505 1506 1507 (3) Minimum setback for any yard adjacent to a north oouth street: Ten (10) Zero (0) feet. (4) ~1inimum Maximum setback for any yard adj acent to a street other than a. north oouth otreet: Thirty (30) feet. Twenty (20) feet (5) Minimum side yard setback except when adj acent to a street: Eight (8) feet. (6) Minimum rear yard setback except when adj acent to a street: Ten (10) feet. (d) The following chart lists the requirements within the RT-3 Resort Tourist District for lot area, width, setbacks and lot coverage for a.dditiono to exioting single-family and duplex dwellings and additions to existing semi-detached dwellings. The site and building design of such dwellings should adhere to the provisions of the Old Beach Design Guidelines as applicable to single-family and duplex dwellings: (1) Minimum lot area: 5,000 square feet for single-family dwellings and 10,000 square feet for duplex dwellings. (2) Minimum lot width: (40 ) feet for Forty single-family seventy-five dwellings and (75) feet for duplex dwellings. +1-+- ill Minimum front yard setback, and provided further that there shall be no vehicle 55 1508 1509 1510 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 1521 1522 1523 1524 1525 1526 1527 1528 1529 1530 parking in the front yard: Thirty Twenty (20) feet. (30) ~(4) Except as provided herein or by the (a) (4) or provisions of sections 1526(a) (3) I (a) (5) I Hinimum minimum side yard setback except when adjacent to a street or driveway: Eight (8) feet. (5) Except as provided in section 1526(a) (4) I minimum side yard setback for any portion of a structure located adj acent to a driveway: Twelve (12) feet. Minimum side or rear yard setback for (6 ) accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street: Five (5) feet. (7) Except as provided in sections 1526(a) (3) I (a) (4) I and (a) (5) minimum side yard setback adjacent to a street: Twenty (20) feet. (8) Minimum rear yard setback except for accessory structures: Twenty (20) feet. (9) Except as provided in subdivision (6) I minimum rear yard setback for accessory 56 1531 1532 1533 1534 1535 1536 1537 1538 1539 1540 1541 1542 1543 1544 1545 1546 1547 1548 1549 1550 1551 1552 1553 structures, including garages and carports: Ten (10) feet (10) Maximum lot coverage: Forty (40) percent (11) The uppermost story or building level above the first story or building level of any new structure or addition to an existing single- family or duplex structure shall provide a stepback, wherein at least 35 percent of the total length of the exterior wall of the uppermost story or building level is set back a minimum of three (3) feet from the exterior wall directly below it. The length of uppermost story exterior wall set back a (3 ) feet to meet the minimum of three requirement above may be divided into multiple sections of varying length that are not contiguous to each other. For the purposes of this section, uppermost story or building level does not include living area completely contained within the roofed area of the structure. (3) Ninimum aide Y.J.rd aetb.J.ck "...hen .J.dj .J.cent to .J. atreet: Thirty (30) feet. 57 1554 1555 1556 1557 1558 1559 1560 1561 1562 1563 1564 1565 1566 1567 1568 1569 1570 1571 1572 1573 1574 1575 1576 1577 (1) Hinimum reClr YClrd oetbClck for Clcceooory except otructureo. TT,;enty (20) feet. (5) P1inimum reClr YClrd oetbClck for Clcceooory otructureo. Ten (10) feet. (6) HClximum lot coverClge. Thirty fi~v'e (35) percent. (e) The following chart lists the requirements within the RT-3 Resort Tourist District for setbacks and lot coverage for additions to existing attached dwellings: (1) Minimum front yard setback: Thirty (30) feet. (2) Minimum front yard where all parking is provided in the rear: Fifteen (15) feet. (3) Minimum side yard for exterior lots when not adjacent to a street: Ten (10) feet. (4) Minimum rear yard except for accessory structures: Twenty (20) feet. (5) Minimum rear yard for accessory structures: Five (5) feet. (6) Maximum lot coverage: Forty (40) percent. (f) Maximum height: (1) The maximum height for single-family and duplex dwellings and additions to existing semi-detached or attached dwellings shall be thirty-five (35) feet. -fl-t-(2) Where a zonlng lot within the RT-3 Resort Tourist District adjoins the side or rear yard of a zoning lot 58 1578 1579 1580 1581 1582 1583 1584 1585 1586 1587 1588 1589 1590 1591 1592 1593 1594 1595 1596 1597 1598 1599 1600 in a residential or apartment district without an intervening street or alley over twenty-five (25) feet in width or body of water over fifty (50) feet in width, the following maximum height regulations shall apply on that portion of the RT 3 zoning lot within one hundred (100) feet of the adjoining residential or apartment district. In cases where more than one of the following apply, the most restrictive shall apply. (i) When adj acent to Residential Districts, the maximum height shall be thirty-five (35) feet. ( i i ) When adjacent to A-12 or A-18 Apartment Districts, the maximum height shall be thirty- five (35) feet. (iii)When adjacent to A-24 Apartment District, the maximum height shall be forty-five (45) feet. (iv) When adjacent to A-36 Apartment District, the maximum height shall be one hundred and twenty (120) feet. -f-:2+ ( 3 ) The maximum height for hotels and motels within the RT-3 Resort Tourist District is seventy-five (75) feet. -8+(4) Except as specified in items (1 ) and (2 ) hereinabove, there shall be no maximum height regulations in the RT-3 Resort Tourist District. 59 1601 1602 1603 1604 1605 1606 1607 1608 1609 1610 1611 1612 1613 1614 1615 1616 1617 1618 1619 1620 1621 1622 1623 1624 -f4+(5) Notwi thstanding the above, no building or other structure shall exceed the height limit established by section 202(b) regarding air navigation. Sec. 1523. Sign regulations. In the RT-3 Resort Tourist District, signs shall be permitted as specified in the RT-2 Resort Tourist District, with the following additions and exceptions:~ (a) One (1) sign located at the ground level of a building identifying the entrance to upper-floor residential dwelling units within a mixed use building shall be permitted, provided however that no such sign shall exceed eight (8) square feet of surface area, and that the number of signs shall be limited to one (1) sign at street level at each principal entrance. Such sign shall not count against sign area otherwise permitted for multi-family dwellings. (b) Signs on building awnings shall not be included in determining the number of building signs permitted, or in determining permissible sign area, if they meet the following criteria: (1) Such signs are uniform in font, color, size and style; (2) Only the name of the establishment appears on the awning; 60 1625 1626 1627 1628 1629 1630 1631 1632 1633 1634 1635 1636 1637 1638 1639 1640 1641 1642 1643 1644 1645 1646 1647 1648 (3) There is only one (1) sign per awning; and (4) Such are no larger than two (2) square feet. (c) Public or private parking structures and parking garages may have one (1) sign per vehicle entrance and two (2) additional signs. Such signs shall have no more than seventy- five (75) square feet of surface area and shall identify the building on which they are located as a parking structure or parking garage. Sec. 1524. Off-street parking regulations. (a) Parking shall be required for all residential uses and structures permitted ~n the RT-3 Resort Tourist District in accordance with section 203 or by conditional use permit pursuant to section 1521+e+--:- Parking for residential uses and structures shall not be located within any required front yard area. (b) Parking shall be required for all other uses and structures in the RT-3 Resort Tourist District as follows: (1) Structures wherein the entire floor area is devoted to retail use shall provide one (1) parking space for every 200 square feet of floor area; (2) Structures wherein the entire floor area is devoted to office use shall provide one (1) 61 r----- 1649 1650 1651 1652 1653 1654 1655 1656 1657 1658 1659 1660 1661 1662 1663 1664 1665 1666 1667 1668 1669 1670 1671 1672 parking space for every 270 square feet of floor areaj (3) Structures wherein retail and office uses are mixed and where at least twenty-five percent (25%) of the total floor area of the structure is devoted to such mix shall provide 3.5 parking spaces for every 1,000 square feet of floor area devoted to such mix. If residential use is also included in the same structure, additional parking spaces shall be provided at 1.7 parking spaces per dwelling unitj (4) All other uses shall provide parking as specified in section 203j (5) Areas devoted to parking of vehicles shall not be located between the principal building on a lot and the street, nor shall such areas be located closer to the street than the principal building. On a lot having frontage on more than one street, the provisions of this paragraph shall apply only to the frontage of the street having the wider right-of-waYj and (6) No driveway shall intersect the street frontage of a lot when access is available from an improved alley to serve such purposej 62 1673 1674 1675 1676 1677 1678 1679 1680 1681 1682 1683 1684 1685 1686 1687 1688 1689 1690 1691 1692 1693 1694 1695 1696 (c) Parking requirements for uses within the RT-3 Resort Tourist District may be satisfied by anyone, or a combination of, the following: (1) On-site parking; (2) Off-site parking facilities, as set forth in section 1521 of this ordinance; or (3) Public parking, if that Planning Director the there is least determines sufficient (a) at a parking public of number spaces located within one-thousand (1,000) feet of the proposed use to meet public parking demands; (b) that such public parking spaces are not used to satisfy the parking requirements of any other use, and (c) that the use of such public parking spaces to satisfy the parking requirements of the proposed either wholly light of partially, is use, or warranted in the following considerations: (A) The extent to which the proposed use advances the goals and objectives of the RT-3 Resort Tourist District and the Oceanfront Resort Area Plan; (B) The extent to which the proposed use conforms to the provisions the of 63 1697 1698 1699 1700 1701 1702 1703 1704 1705 1706 1707 1708 1709 1710 1711 1712 1713 1714 1715 1716 1717 1718 1719 1720 Oceanfront Design Resort Area Guidelines; and (C) The amount of the projected tax revenue to be generated by the proposed use and improvements. Sec. 1525. !lo.Jdmum dcnoity ro.tingo Density. (a) For purposes of determining the maximum allowed density for multifamily dwellings, hotels, and motels, ln addition to the area of the zoning lot on which the use is to be located, the area of any other lot under common ownership with such zoning lot and separated from such zoning lot by a public street of no more than one hundred (100) feet in width shall be included. (b) The maximum density for hotel and motel development shall be eighty (80) lodging units per acre, .J.nd for multi f.J.mily dT,;cllingo tT.;cnty four (21) unito pcr .J.crc. Density shall be established based on the entire zoning lot, even if partially occupied by other principal uses or conditional uses except that no parcel may simul taneously receive density credit for both lodging units and multifamily dwelling units. (c) The maximum density for multifamily dwellings shall be twenty-four (24) dwelling units per acre. 64 1721 1722 1723 1724 1725 1726 1727 1728 1729 1730 1731 1732 1733 1734 1735 1736 1737 1738 1739 1740 1741 1742 1743 1744 Performance Sec. 1526. DeGirod deGign featureD and incontiveD. Standards and Incentives For thooe uoeo .;hich incorpor.:Lte .:Lll of the follm;ing (.:L) deoired deoign fe.:Ltureo: (1) Hinimum lot oize of thirty thouo.:Lnd (30,000) oqu.:Lre feet. (2) Setb.:Lck from e.:Lot ',;eot otreeto of .:Lt le.:Lot ten (10) feet ',Ji th l.:Lndoc.:Lped in ',;i th .:Lccord.:Lnce .:Lrea the landoc.:Lping, ocreening .:Lnd buffering opecific.:Ltiono .:Lnd ot.:Lndardo. Not',;i thot.:Lnding .:Lny provioion to the contr.:Lry .:Lbove, the m.:Lximum denoi ty of hotel .:Lnd motel uoe oh.:Lll be one hundred t',,renty (120) lodging unito per .:Lcre, .:Lnd for multif.:Lmily d.;ellingo thirty (30) unito per .:Lcre. (b) For thooe uoeo ',Jhich incorpor.:Lte .:Lll of the deoired deoign fe.:Ltureo outlined in (a) .:Lbove .:Lnd in .:Lddition to the follm;ing: (c) Hinimum oize oeventy f i ~..e thouo.:Lnd lot of (75,000) oqu.:Lre feet. ( d) Setb.:Lcko from e.:Lot .,eot otreeto of .:Lt le.:Lot fifteen (15) l.:Lndoc.:Lped ',d th the feet .:Lre.:L .:Lccord.:Lnce ',Jith l.:Lndoc.:Lping, ocreening the buffering opecific.:Ltiono .:Lnd otand.:Lrdo. 65 in .:Lnd 1745 1746 1747 1748 1749 1750 1751 1752 1753 1754 1755 1756 1757 1758 1759 1760 1761 1762 1763 1764 1765 1766 1767 1768 Not.,:i thot.::mding .::my provioion to the contr.::Lry .::Lbove, the ffi.::LxiFfluFfl denoity of hotel .::Lnd motel uoe oh.::Lll be one hundred oixty (160) lodging unito per .::Lcre .::Lnd the FfI.::Lximum denoity of multif.::LFflily d.yJellingo uoe oh.::L11 be thirtyoix (36) d1;,:elling unito per .::Lcre. (a) Residential. To achieve compatibility and appropriateness of residential dwellings to the Resort Area, and in particular to the adjoining Old Beach, Lakewood, and Shadowlawn neighborhoods, consistent with the historic status of these neighborhoods and the Oceanfront Resort Area as an early twentieth beach community, residential century resort structures in the RT-3 Resort Tourist District should strive to comply with the criteria provided in the Old Beach Design Guidelines, as referenced by the Oceanfront Resort Area Design Guidelines. As an incentive to develop lots within the RT-3 District in a compatible and appropriate manner, compliance with the criteria of the design guidel ines shall result in allowed deviations to the dimensional and other requirements of this ordinance as specified below. Determination of compliance with the criteria provided below shall be made by the Director of Planning or his or her designee. Any appeal of the determination of compliance by the Director of Planning shall be to the City Council. (1) Single-family dwelling and duplex Porches. structures which provide open, unenclosed porches 66 1769 1770 1771 1772 1773 1774 1775 1776 1777 1778 1779 1780 1781 1782 1783 1784 1785 1786 1787 1788 1789 1790 1791 with a minimum depth of five (5) feet and a maximum depth of eight (8) feet, as measured from the exterior wall of the main structure to the exterior edge of the porch foundation, may have a front yard setback of 13 feet, as measured from the exterior wall of the main structure to the lot line. However, in no case shall the setback from the lot line to the exterior wall of the porch foundation be less than eight (8) feet. Further, any open, uncovered second-story porch located above the first-story porch shall be setback from the lot line a minimum of at least 10 feet. (2) Exterior porch stairs for single-family and duplex structures. Open, unenclosed porches adj acent to streets or alleys may have exterior stairs that encroach into a front or rear setback to wi thin three (3) feet of the lot 1 ine . In no case, shall such stairs exceed six (6) feet in width. (3) Side yard setback adjacent to a street for single-family and duplex structures. For structures satisfying the criteria of the design 67 1792 1793 1794 1795 1796 1797 1798 1799 1800 1801 1802 1803 1804 1805 1806 1807 1808 1809 1810 1811 1812 1813 1814 1815 guidelines, the minimum side yard setback adjacent to a street may be reduced to 10 feet. (4) Side yard setbacks for pro] ecting wall planes on single-family and duplex structures. For structures satisfying the criteria of the design guidelines, up to 25 percent of the total length of the wall of a structure adj acent to the side lot line may project into the side yard setback. The minimum setback for such wall projection shall be five (5) feet, except that if the wall projection is adjacent to a driveway, the minimum setback shall be 11 feet. If the wall projection is adjacent to a street and there is a driveway between the property line adjacent to the street and the wall projection, the minimum setback shall be 18 feet. If the wall projection is adj acent to a street and there is no driveway between the property line adjacent to the street and the wall projection, the minimum setback shall be 8 feet. (5) Side yard setbacks for garages on lots with single-family and duplex structures. Any rear- loaded, side-loaded, or front-loaded garage recessed a minimum of 40 feet from the front or 68 1816 1817 1818 1819 1820 1821 1822 1823 1824 1825 1826 1827 1828 1829 1830 1831 1832 1833 1834 1835 1836 1837 1838 1839 rear lot line and satisfying the criteria of the design guidelines may reduce the side yard setback for the garage to five (5) feet. (6) Porch eave overhangs for single-family and duplex structures. For structures satisfying the criteria of the design guidelines pertaining to open, unenclosed porches fronting on streets or alleys, any wide eave overhang of such porch, not exceeding three (3) feet in length from the outside of the porch column support to the porch roof fascia toward the shall not count calculation for lot overage. (7 ) Parking area paving. For structures satisfying the criteria of the design guidelines, parking spaces with pervious paving material, such as brick runners and open pavers, may be used to satisfy on-site parking requirements. (b) Mul ti -family residential and hotel and motel use. To achieve the legislative intent of the RT-3 Resort Tourist District and the goals and objectives expressed in the Oceanfront Plan, multi-family residential Resort Area development and hotel and motel development within the RT-3 District should strive to comply with the criteria provided in 69 1840 1841 1842 1843 1844 1845 1846 1847 1848 1849 1850 1851 1852 1853 1854 1855 1856 1857 1858 1859 1860 1861 1862 the Oceanfront Resort Area Design Guidelines. As an incentive to develop lots within the RT-3 District in a compatible and appropriate manner, compliance with the criteria of the design guidelines and to the additional provisions below shall result in allowed deviations to density requirements of this ordinance. Determination of compliance with the criteria provided below shall be made by the Director of Planning or his or her designee. Any appeal by the applicant of the determination of compliance by the Director of Planning shall be to the City Council. (1) Multi-family residential. (i) The maximum density of multi-family dwelling use that meets the provisions of the Resort Area Design Guidelines on a zoning lot with a minimum lot size of 30,000 square feet shall be 30 dwelling units per acre. (ii) The max~mum density of multi-family dwelling use that is located in a mixed use development, meets the provisions of the Resort Area Design Guidelines, and that is located on a zoning lot with a lot size of at least 60,000 square feet, shall be 36 dwelling units per acre. (2) Hotels and motels. 70 1863 1864 1865 1866 1867 1868 1869 1870 1871 1872 1873 1874 1875 1876 1877 (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. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of December, 2005. 71 1 2 3 4 5 6 7 8 AN ORDINANCE REVISING RESTRICTIONS IN THE RT-3 (LRG) ROAD GATEWAY OVERLAY DISTRICT DENSITY LASKIN Sections Amended: City Ordinance ~ 1542 and 1543 Zoning 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 i provided 26 that: 27 (1) Multifamily dwelling units on lots abutting 28 Laskin Road shall be allowed only in combination 1 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 wi th one or more other permi t ted uses occupying the ground or first floor of the building in which the multifamily dwelling units are located. Such other uses shall have, singly or in combination, an occupancy frontage equivalent to no less than seventy-five per cent (75%) of the frontage of the lot on Laskin Road. For purposes of this section, "occupancy frontage" means the exterior length of that portion of a building occupied by a retail, office or other non- residential use having at least one (1) exterior public entrance~i and (2) Hultif.:tmily d'v.ellingo oh.:tll not be oubject to the pro'Jioiono of Section 1521 (.:t) (19) of thio ordin.:tnce, .:tnd (2) Buildings containing multifamily dwelling units should adhere to the Laskin Road Gateway Design Guidelines. 48 Sec. 1543. Dimensional requirements; density 49 Dimensional requirements and maximum density for uses and 50 structures located within the Laskin Road Gateway Overlay 2 51 District shall be as specified in the RT-3 Resort Tourist 52 District; provided, however, that: 53 (a) The maximum density for multifamily dwellings located 54 on zoning lots west of Arctic Avenue shall be: 55 56 57 58 59 60 61 62 (1) Eighteen (18) dwelling units per acre on zoning lots having an area of 20,000 square feet; (2) Twenty-four (24) dwelling units per acre on zoning lots having an area greater than 20,000 square feet and less than 2 acres; and (3) Thirty-six (36) dwelling units per acre on zoning lots having an area greater than 2 acres. (b) The maximum density for multifamily dwellings located 63 on zoning lots east of Arctic Avenue shall be twenty-four (24) 64 dwelling units per acre or as follows based on consistency with 65 the specified criteria. Determination of compliance with the 66 criteria provided below shall be made by the Director of 67 Planning or his or her designee. Any appeal of the 68 determination of compliance by the Director of Planning shall be 69 to the City Council: 70 71 72 73 (1) The maximum density of multi-family dwellings that are on a zoning lot with a minimum lot size of 30,000 square feet shall be 30 dwelling units per acre. 3 74 75 76 77 78 79 80 81 82 83 84 85 86 87 (2) The maximum density of multi-family dwellings on a zoning lot of at least 45,000 square feet and within a mixed use development and that meet the provisions of the Resort Area Design Guidelines shall be 36 dwelling units per acre. (3) The maximum density of multi-family dwellings that meet the provisions of subsection (2) and that have all required parking spaces contained within an on-site parking structure consistent with the Resort Area Design Guidelines and located on the same zoning lot as the development shall be 60 dwelling units per acre, and the maximum height shall be One Hundred (100) feet. Density shall be determined based on the area of -{-B-1- ( c ) 88 the entire zoning lot, even if such lot is partially occupied by 89 other principal uses or conditional uses, except that no parcel 90 may simultaneously receive density credit for both lodging units 91 and multifamily dwelling units; and 92 +e}(d) For purposes of determining the maximum allowed 93 density for multifamily dwellings, in addition to the area of 94 the zoning lot on which the multifamily dwelling is to be 95 located, the area of any other lot under common ownership with 96 such zoning lot and separated from such zoning lot by a public 4 97 street of no more than one hundred (100) feet in width shall be 98 included. 99 {4}(e) The planning director may allow reduced setbacks on 100 any zoning lot when: 101 102 103 104 105 106 107 108 109 110 (1) The proposed development for which the reduced setback is sought is of a type and quality consistent with the standards set forth in the comprehensive plan and the Laskin Road Gateway Design Guidelines; and (2) The proposed development does not include any buildings or parcels that are not visually and -{-e+(f) functionally development. Applications for a reduced setback shall include integrated into the entire 111 a detailed plan of development and streetscape plan showing the 112 relationship of all existing and proposed buildings, pedestrian 113 improvements, sidewalks, parking areas, site landscaping and 114 other physical improvements, and such other information as the 115 planning director may require as being necessary to determine 116 whether the application meets the criteria set forth in this 117 subsection. 118 ~ (g) In the event the planning director denies an 119 application for reduced setbacks pursuant to this subsection, 5 120 the applicant may appeal such denial to the city council within 121 twenty-one (21) days of the date on which the application was 122 denied. 123 W (h) The maximum height for buildings and structures 124 shall be seventy-five (75) feet, and no building or other 125 structure shall exceed the height limit established by section 126 202(b) regarding air navigation. 127 Adopted by the Council of the City of Virginia Beach, 128 Virginia, on the 20th day of December, 2005. 6 1 2 3 4 5 6 7 AN ORDINANCE ESTABLISHING THE OLD BEACH OVERLAY DISTRICT Section Amended: ~ 102 City Zoning Ordinance BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 102 of the City Zoning Ordinance lS 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 (al ) In .:1ddition to the diotricto enumer.:1ted in 19 ouboection (.:1), there There lS 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- 2 6 4 (SD) . " 27 (a2) In addition to the diotricto enumerated in 28 ouboection (a), there 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 Overlay 33 District. Such district shall be designated on the official 34 zoning map by the notation "(OB)" following 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 map 38 as having the classification "R-5D(OB)." 39 40 Adopted by the Council of the City of Virginia Beach, 41 Virginia, on the 20th day of December, 2005. 1 2 3 AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP BY THE ADDITION OF THE 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 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the 20th day of December, 2005. , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE ESTABLISHING USE REGULATIONS, DIMENSIONAL REQUIREMENTS, DESIGN INCENTIVES, AND THE OLD BEACH DESIGN REVIEW COMMITTEE FOR THE OLD BEACH (OB) OVERLAY DISTRICT Sections Added: ~~ 1900 - 1906 Ci ty Zoning Ordinance BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Zoning Ordinance is hereby amended and reordained by the addition of a new Article 19, consisting of Sections 1900, 1902, 1903, 1904, 1905, and 1906, pertaining to the Old Beach Overlay District, to read as follows: ARTICLE 19. OLD BEACH OVERLAY DISTRICT Sec. 1900. Legislative intent. (a) The purpose of the Old Beach Overlay District is to preserve and enhance the historic status of the Old Beach neighborhood as one of the first residential areas within the Oceanfront Resort Area by providing opportunities for both new and redeveloped resort residential development, characterized by single-family cottage-style homes and compatible multiple-family residential dwellings. Furthermore, the Old Beach Design Guidelines are provided for this district, the purpose of which lS to encourage development that is appropriate for the district. ~ 27 Sec. 1901. District Boundaries. 28 The Old Beach Overlay District boundaries shall be as 29 designated on the official zoning map of the city. 30 31 32 Sec. 1902. Application of Regulations. 33 The designation of any property as lying within the Old 34 Beach Overlay District shall be in addition to, and not in lieu 35 of, the underlying zoning district classification of such 36 property, such that any property situated in the Old Beach 37 Overlay District shall also lie within one or more of the 38 underlying zoning districts enumerated in Section 102 (a) of 39 this ordinance. All such property shall be subj ect to the 40 requirements of this article as well as to all other regulations 41 applicable to it, and to the extent that any provision of this 42 article conflicts with any other ordinance or regulation, the 43 provision of this article shall control. 44 45 Sec. 1903. Use regulations. 46 (a) Principal uses and structures. Subject to general 47 requirements and to the regulations of the underlying zoning 48 districts, all uses and structures permitted as principal uses 49 in the underlying zoning districts shall be permitted as 50 principal uses within the Old Beach Overlay District. In 51 addition, the following use shall be permitted within the Old 52 Beach Overlay District, although not allowed as a principal use 53 in the underlying zoning district: 54 55 (1) Single-family dwellings. (2) Ancillary single-family dwellings, located on the same 56 lot as a separate single-family, in the R-5D Residential Duplex 57 District, any Apartment District, and any Resort Tourist 58 District, subj ect to the requirements of sections 1904 (b) and 59 1905, and provided further that a single lot with a single- 60 family dwelling and an ancillary single-family dwelling shall 61 not be subdivided to create a separate lot for each dwelling. 62 (b) Accessory uses and structures. Subject to general 63 requirements and to the regulations of the underlying zoning 64 district, all uses and structures permitted as accessory uses in 65 the underlying zoning district in which they are located shall 66 be permitted as accessory uses within the Old Beach Overlay 67 District. In addition, the following use shall be permitted 68 within the Old Beach Overlay District, although not allowed as 69 an accessory use in the underlying zoning district, upon a 70 finding that the structure containing the use meets the 71 provisions of the Old Beach Design Guidelines as specified in 72 section 1905 (a): 73 74 75 76 (1) Garage apartment, except that the living area shall not be less than five hundred (500) square feet of floor area nor greater than eight hundred (800) square feet, and provided further that such garage apartment 93 94 95 96 97 98 99 100 77 78 79 80 shall be at least thirty (30) feet from the structure containing the principal dwelling. (c) Conditional requirements and to uses and structures. Subj ect to general the regulations of the underlying zoning 81 district, all uses and structures permitted as conditional uses 82 in the underlying zoning district in which they are located 83 shall be permitted as conditional uses within the Old Beach 84 Overlay District. In addition, the following use shall be 85 permitted within the Old Beach Overlay District as a conditional 86 use, although not allowed as a conditional use in the underlying 87 zoning district: 88 (1) Bed and breakfast ~nn. 89 Sec. 1904. Dimensional requirements. 90 Dimensional requirements and maximum density for uses and 91 structures located within the Old Beach Overlay District shall 92 be as specified in the underlying zoning district i provided, however, that: For one (1) single-family dwelling on one (1) lot: (a) (1 ) (2) 5,000 Minimum lot area in square feet: Minimum lot area outside of water, marsh, or wetlands 5,000 40 (3) Minimum lot width in feet: (4) Except as provided in section 1905 (c), minimum front yard setback in feet: 20 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 (5) Except as provided in subdivision (5.1), (5.2) ,1905 (f), and 1905 (g), minimum side yard setback except when adjacent to a street or driveway in feet: (5.1) Except as provided in section 1905 (f), minimum side yard setback for any portion of a structure located adjacent to a driveway, in feet: 12 8 (5.2) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street: 5 (6) Except as provided in sections 1905 (e) and 1905 (f), minimum side yard setback adjacent to a street In feet: (7) Except as provided in section 1905 (c), minimum rear yard setback except for accessory structures in feet: (8) Except as provided in subdivision (8.1), minimum rear yard setback for accessory structures, including garages and carports, in feet: 8 20 20 (8.1) Minimum rear yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater 126 127 128 129 130 131 132 133 134 135 136 than 8 feet except when adjacent to a street: (9) Maximum lot coverage in percent: (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) Minimum lot area per unit devoted to landscape plantings and ground cover, in square feet, and provided further that such area shall be a single, contiguous portion of the required rear yard: 137 (12) The uppermost story or building level above 138 the first story or building level of any new structure 139 or addition to an existing structure shall provide a 140 stepback, wherein at least 35 percent of the total 141 length of the exterior wall of the uppermost story or 142 building level is set back a minimum of three (3) feet 143 from the exterior wall directly below it. The length 144 of uppermost story exterior wall set back a minimum of 145 three (3) feet to meet the requirement above may be 146 divided into multiple sections of varYlng length that 147 are not contiguous to each other. For the purposes of 148 this section, uppermost story or building level does 149 not include living area completely contained within 150 the roofed area of the structure. 5 40 60 600 151 152 (b) For a single-family dwelling and an ancillary single-family dwelling on one (1 ) lot, 153 subject to the dwellings being oriented on the lot 154 consistent with section 1905 (c): 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 (1) Minimum lot area in square feet: (2) Minimum lot area outside of water, marsh, or wetlands: (3) Minimum lot width in feet: (4) Except as provided in section 1905 (c), minimum front yard setback in feet: (5) Except as provided in subdivision (5.1), (5.2), 1905 (f), and 1905 (g), minimum side yard setback 5,000 5,000 40 20 except when adjacent to a street or driveway in feet: (5.1): Except as provided in section 1905 (f), minimum side yard setback for any portion of a structure located adjacent to a driveway, in feet: (5.2) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street: 8 12 5 (6) Except as provided in sections 1905 (e) and 1905 (f), minimum side yard setback adjacent to a street in feet: 20 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 (7) Except as provided in section 1905 (c) , minimum rear yard setback except for accessory structures in feet: (8) Except as provided in subdivision (8.1) , minimum rear yard setback for accessory structures, including garages and carports, in feet:8 20 (8.1) Minimum rear yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street: (9) Maximum total lot coverage in percent: (9.1) Maximum lot coverage range of principal 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: (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: 5 40 51 - 65 35 - 49 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 (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- family dwelling, expressed as a percentage of total floor area, except that in no case shall the combined floor area of the principal dwellings exceed and ancillary single-family 100 percent of the maximum total floor area: (11.2) Maximum floor area of ancillary 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: (12) Minimum interior yard between principal and ancillary dwellings, in feet: (13) Minimum lot area per unit devoted to landscape plantings and ground cover, in square feet, and provided further that a minimum of 400 square feet of such area 60 0.7 60 49 30 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 shall be a single, contiguous portion of the required interior yard: 600 (15) The uppermost story or building level above the first story or building level of any new structure or addition to an existing structure shall provide a stepback, wherein at least 35 percent of the total length of the exterior wall of the uppermost story or building level is set back a minimum of three (3) feet from the exterior wall directly below it. The length of uppermost story exterior wall set back a minimum of three (3) feet to meet the requirement above may be divided into multiple sections of varying length that are not contiguous to each other. For the purposes of this section, uppermost story or building level does not include living area completely contained within the roofed area of the structure. (16) In any case where an existing structure converting to either a principal or ancillary single-family dwelling does not meet the required minimum yard setbacks, such setback shall be considered conforming and shall not require a variance as provided for in section 106, provided however that new port ions of the structure shall all the required minimum yard meet setbacks of this article. 250 251 252 253 254 255 256 257 258 259 260 (17) For any lot where there is an existing duplex dwelling and the property owner converts the duplex to a principal or ancillary single-family dwelling and also constructs a separate principal or ancillary single- family dwelling on the same lotI prior to an occupancy permi t being granted for the dwellings I the Director of Planning or his or her designee shall inspect the structure previously containing the duplex and shall certify that the necessary modifications to the building have been made that eliminate the use of the structure as a duplex. 261 Sec. 1905. Desired design Incentives. 262 (a) To achieve compatibility and appropriateness to the 263 Old Beach neighborhood consistent with the historic status of 264 Old Beach as an early twentieth century resort communitYI 265 structures in the Old Beach Overlay District should strive to 266 comply with the criteria provided in the Old Beach Design 267 Guidelines. As an incentive to develop lots within the Old Beach 268 Overlay District in a compatible and appropriate manner I 269 compliance with the criteria of the design guidelines shall 270 result in allowed deviations to the dimensional and other 271 requirements of this ordinance as specified below. Determination 272 of compliance with the criteria provided in the design 273 guidelines shall be made by the Director of Planning or his or 274 her designee. Any appeal of the determination of compliance by 275 the Director of Planning shall be to the board of zoning 276 appeals. 277 (b) Orientation of dwellings. Any single-family dwelling 278 that is located on a lot with a separate single-family dwelling 279 within the Old Beach Overlay District shall be oriented on the 280 lot consistent with the criteria of the Old Beach Design 281 Guidelines, such that the primary fa9ade of the structure faces 282 the street or alley, except that if no alley exists, the primary 283 fa9ade of the structure on the rear portion of the lot shall 284 face the required interior yard. 285 286 (c) Porches. Single-family, ancillary single-family, and duplex dwelling structures which provide open, unenclosed 287 porches with a minimum depth of five (5) feet and a maximum 288 depth of eight (8) feet, as measured from the exterior wall of 289 the main structure to the exterior edge of the porch foundation, 290 may have a front yard setback of 13 feet, as measured from the 291 exterior wall of the main structure to the lot line. However, 292 in no case shall the setback from the lot line to the exterior 293 wall of the porch foundation be less than eight (8) feet. 294 Further, any open, uncovered second- story porch located above 295 the first-story porch shall be setback from the lot line a 296 minimum of at least 10 feet. In the case of a second single- 297 family dwelling located on the rear portion of the lot, this 298 deviation applies to the rear setback requirement such that the 299 porch is oriented to the alley, if an alley exists. 300 (d) Exterior porch stairs for single-family, ancillary 301 single-family, and duplex structures. Open, unenclosed porches 302 adjacent to streets or alleys may have exterior stairs that 303 encroach into a front or rear setback to within three (3) feet 304 of the lot line. In no case, shall such stairs exceed six (6) 305 feet J..n width. 306 (e) Side yard setback adjacent to a street for single- 307 family, ancillary single-family, and duplex structures. For 308 structures satisfying the criteria of the design guidelines, the 309 minimum side yard setback adjacent to a street shall be 10 feet. 310 (f) Side yard setbacks for projecting wall planes on 311 single-family, ancillary single-family, and duplex structures. 312 For structures satisfying the criteria of the design guidelines, 313 up to 25 percent of the total length of the wall of a structure 314 adjacent to the side lot line may project into the side yard 315 setback. The minimum setback for such wall projection shall be 316 five (5) feet, except that if the wall projection is adjacent to 317 a driveway, the minimum setback shall be 11 feet. If the wall 318 projection is adjacent to a street and there is a driveway 319 between the property line adj acent to the street and the wall 320 proj ection, the minimum setback shall be 18 feet. If the wall 321 projection is adjacent to a street and there is no driveway 322 between the property line adjacent to the street and the wall 323 projection, the minimum setback shall be 8 feet. 324 (g) Side yard setbacks for garages on lots with single- 325 family, ancillary single-family, and duplex structures. Any 326 rear-loaded, side-loaded, or front-loaded garage recessed a 327 minimum of 40 feet from the front or rear lot line and 328 satisfying the criteria of the design guidelines may reduce the 329 side yard setback for the garage to five (5) feet. 330 (h) Porch eave overhangs for single-family, ancillary 331 single-family, and duplex structures. For structures satisfying 332 the criteria of the design guidelines pertaining to open, 333 unenclosed porches fronting on streets or alleys, any wide eave 334 overhang of such porch, which does not exceed three (3) feet in 335 length from the outside of the porch column support to the porch 336 roof fascia shall not count toward the calculation for lot 337 overage. 338 (i) Interior Yard. For a single-family dwelling and an 339 ancillary single-family dwelling on the same lot satisfying the 340 criteria of the design guidelines, up to 35 percent of the 341 length of the wall facing the required interior yard may 342 encroach into the required interior yard, except that in no case 343 shall there be less than 10 feet of separation between the 344 single-family dwelling and the ancillary single-family dwelling. 345 (j) Parking spaces for single-family, ancillary single- 346 family, and duplex structures. For structures satisfying the 347 criteria of the design guidelines, the area of a parking space 348 located below any second story overhang not exceeding two (2) 349 feet in width shall qualify toward the required on-site parking. 350 Furthermore, the area of a parking space located below a 351 decorative trellis or the overhanging eave of the main structure 352 and not exceeding four (4) feet in width shall qualify toward 353 the required on-site parking. 354 (k) Parking area paving. For structures satisfying the 355 criteria of the design guidelines, parking spaces with pervious 356 paving material, such as brick runners and open pavers, may be 357 used to satisfy on-site parking requirements. 358 (I) Maximum Floor Area. For structures satisfying the 359 criteria of the design guidelines, the total maximum floor area 360 may be increased to a floor area ratio of 0.8. 361 362 Section 1906. Old beach design review committee. 363 ( a) The Old Beach Design Review Committee, hereinafter 364 referred to as the UCommittee", is established as a resource for 365 those seeking to develop within the Old Beach Overlay District. 366 The committee 1S intended to preserve, enhance, and promote the 367 character of the residential neighborhood in accordance with the 368 Old Beach Design Guidelines and provisions of the Old Beach 369 Overlay District. Plan submission and review by the committee is 370 voluntary. 371 (b) The Old Beach Design Review Committee shall consist of 372 five members selected by Virginia Beach City Council, two 373 representatives from the Resort Advisory Commission and three 374 representatives who reside or own property within the area 375 encompassed by the Old Beach Overlay District. All committee 376 members shall be qualified by knowledge or experience to make 377 decisions on questions of neighborhood planning or design. A 378 member of the City of Virginia Beach Planning staff shall serve 379 as liaison to the Committee as needed. 380 Adopted by the City Council of the City of Virginia Beach, 381 Virginia, on this 20th day of December, 2005. 1 2 3 4 5 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" 6 7 8 Section Amended: City Zoning Ordinance ~ 111 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) dwelling unit, entirely surrounded by a yard but located 25 on the same lot with a separate single-family dwelling of 26 greater floor area. Mobile homes, travel trailers, housing 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 31 Mixed Use. Two or more separate uses allowed as principal or conditional uses that are physically and functionally 32 integrated with the same 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 ln 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 Adopted by the City Council of the City of Virginia Beach, 51 Virginia, on this 20th day of December, 2005. 1 2 3 4 5 AN ORDINANCE ALLOWING ANCILLARY SINGLE- FAMILY DWELLINGS ON THE SAME LOT AS A SEPARATE SINGLE-FAMILY DWELLING 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. 11 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 any Apartment or Resort Tourist District within the 19 Old Beach Overlay District, in accordance with the provisions of 20 Section 1903. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, on the 20th day of December, 2005. 1 2 3 4 5 6 7 8 9 10 11 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. Section Amended: Ordinance ~ 2. Site Plan 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: 22 (A) Any structure or improvement permitted by the zoning ordinance as a principal or conditional use in any district, with the following exceptions: 20 21 23 24 1. Agricul tural uses, as def ined 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 subdivision ordinance adopted June 22/ 1970/ and as amended. Adopted by the Council of the City of Virginia Beach/ 34 Virginia/ on the 20th day of December/ 2005. 1 2 3 4 5 AN ORDINANCE TO COMPREHENSIVE INCORPORATING THE DESIGN GUIDELINES AMEND PLAN RESORT THE BY AREA 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 lS, amended and 14 reordained by incorporating the Resort Area Design Guidelines 15 (November 2005) as an appendix to the Comprehensive Plan. 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Cl)W ~ c: :i2 <IJ j 1 2 3 4 5 AN ORDINANCE COMPREHENSIVE INCORPORATION OF DESIGN GUIDELINES TO PLAN THE AMEND BY OLD THE THE BEACH 6 WHEREAS, on September 14, 2005, the Planning Commission 7 held a public hearing concerning the amendment of the 8 Comprehensive Plan (the "Plan") by the incorporation of the Old 9 Beach Design Guidelines (the "Guidelines") , and at the 10 conclusion of such public hearing, recommended that the Plan be 11 amended by the incorporation of the said 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, as an appendix to the Comprehensive Plan. A true 18 copy of the said Guidelines was exhibited to the Planning 19 Commission on September 14, 2005, and on this day to the City 20 Council. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, on the 20th day of December, 2005. (}& l"l-lf"o~ Planning ~partment APPROVED AS TO LEGAL SU~I/JLA;v ~ 1 _~lt City Attorney's Office APPROVED AS TO CONTENT CA-9802 OID/LandUse/ordres/OldBeachDesignGuidelinesord.doc November 15, 2005 R-l 2 ~ . .... . ~ Cb ~ ~ ttJ Cb I:q ~ ...... o r:Il QJ = .- ~ QJ "'C .- ~ = ~~tn QJ=Q = OJlQ ~ .~ N .- QJ ... =~tn .- ~ ~ 0Jl~ - ~ - .-.- QJ >....~ ~ ~ e = "'C QJ ~.- > .... r:Il _ .- QJ - U~Z ......NNNr<)r<)"'"onon\O I I I I I I I I I I I""""'il""""'il""""'il""""'il""""'il""""'il""""'il""""'il""""'il""""'i r/) Eo-< Z r.Ll r-< 5 u ~ o r.Ll ~ CQ ~ Eo-< '" tU 0.. ~ S . 00 '.p -;::.s gp S cd v 00._._ t:l E 6 S ~ Jf "'::I:: N.& .::: .::: ~ 00 oo'~ .8 0 .::: .::: .::: t:: .::: = ~ U ~ .~ .~ ~ .8 "~ :"0 15 - .e-..- 'R .0 ~ - : S ....l j U ~ ~ .- -;:: '" ~ ~ 0 S tU ~ -= ~~<p:i0Q~ s ~.tj e e.. So..tU = S g 0 S g ....~a:l U__ ...... = .~ .... U <II Vi. ...... N r<) I I I N~~ t-","\Ot- I I""""'i I""""'i I""""'i N I I I :N NN '" .tU :'E> . ~ Vi. : .9 ca . - .... : "" .s : :> u ~ 8 2 : B:E :..... 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Q) ....... ell c.. t:: on ;:i ell ell N Q) 4:1 J,;,' 0 .... 0 ... ;.::::,.s::: 00".....~~Q) .... ..... "0 U 0 8 .~ o,.s::: ~:s~ 1iJ.s l5..-s Q tn ~ o ] . . . ~ 0\ I N I 00 Q) ~ .... - Q) "0 'S o ~ on .... 00 Q) Q - ell I-< Q) ~ Q) o N ~ o .... ..... U Q) lfJ II') o o ~ or) ...... :-.. ~ ..t:l ~ ~ ;:. ~ ~. s::: ..... - ~ 'S e,:, s::: o~ ~ Q - '3 ..... ..... s::: ~ .~ r 'ti '3 ~ cq '3 .~ .~ ~ '& Q G --I OLD BEACH DESIGN GUIDELINES . Incorporate the use of dormer windows projecting from roof planes. Paired windows are recommended to give the dormer substantial width. . Incorporate ornamental trim at exposed flashing along dormer wall planes when necessary. . Utilize projecting window boxes with decorative brackets when appropriate. . Incorporate accent windows in geometric shapes where appropriate. · Incorporate decorative recessed panels at corners of trim where appropriate. · Corner board trim should not be over exaggerated and should match the color of the house. In some styles decorative molding may be appropriate at corners of the house or at change in wall planes, but should be limited. . Utilize trim at change in materials, running horizontally along the wall plane. Shutters · Utilize shutters in design when appropriate. · Size shutters to match the window sash. · Incorporate a type of shutters appropriate for the design, consistent throughout the project. Planklboard, panel style, or louvered shutters are appropriate. · Utilize operable shutters considering the coastal climate of the neighborhood. When operable shutters are not possible, shutters should at least appear to be operable. · Decorative hardware, such as wrought iron lift-off hinges and latches are encouraged. Trim · If appropriate to the style of the structure, utilize decorative trim with raised beaded or fluted profiles, producing light and shadow to accent roof overhangs and door or window openings. · Trim should not be exaggerated but should logically accompany design components. A minimum of 2" width is recommended. 4"-6" may be appropriate at windowsills and above window and door openings. 6" minimum recommended at fascias. · Utilize a consistent style of trim throughout design. Detailed windows and roof overhangs Operable shutters City of Virginia Beach -Residential Design Guidelines, November 15, 2005 Section 2: General Design Guidelines ~ 2-10 OLD BEACH DESIGN GUIDELINES Porches Porches create a sense of presence and orientation for residences. Designs should seek to: . Incorporate the placement of porches as an integral part of the home's design, designing adequate space for outdoor furniture. A minimum width of 5' - 8' from the exterior wall is recommended. . Utilize open, unenclosed and unscreened porches in order to promote community interaction. . Porches adjacent to street intersections and driveways shall ensure appropriate lines of sight for vehicular and pedestrian traffic. Porches adjacent to street intersections and driveways are to meet vision clearance measurements identified in Section 201 of the Zoning Ordinance. · Utilize materials, details, and colors complementary to the overall design. · Incorporate columns as seen from the street facade in order to create visual interest. A minimum of four (4) square posts or rounded columns is recommended. · Utilize columns with a minimum width or diameter of 8" and articulated base for an impression of structural integrity. · Incorporate the use of an identifiable post and beam construction with square or arched spans between columns. · Incorporate railings 3' - 4' in height with low foundation landscaping. When porches are less than 6" above ground level, railings or walls are not necessary; however, landscaping is recommended. · In the case that open railings are not appropriate in porch design, solid walls 3' - 4' in height clad in siding, shingles, brick, or stone veneer consistent with the overall look of the house would also be appropriate. · Incorporate eave projections, a minimum of 6"and a maximum of 3' in distance from the outside of column supports to the porch roof fascia, in order to allow detailing and ensure architectural character to the roofline. . Incorporate wide steps of either brick, stone, treated wood or fiber-cement slats to the porch's finished floor. · Utilize durable, outdoor materials for finished floors and ceilings such as, tongue and groove treated wood or fiber- cement. · Incorporate features such as ceiling fans and lighting to make the space livable. · Ensure second story porches located above first floor porches are recessed a minimum of 2' from the roof fascia below in order to soften the building scale. · Second story porches along street fronts are to be uncovered, unenclosed, and incorporate railings that are no more than 3' in height. streetscapes promote interest at the street level and community interaction. Porches should be well designed to act as an extension of the home's living space. City of Virginia Beach -Residential Design Guidelines, November 15,2005 Section 2: General Design Guidelines ~ 2-11 OLD BEACH DESIGN GUIDELINES Columns · Utilize columns in porch designs and where otherwise appropriate, such as in side and rear doorways or as an accent to exterior walls in the form of pilasters. . Incorporate columns with a substantial width in order to give an impression of structural integrity. 8" minimum width is recommended. · Utilize square posts or rounded columns of wood, fiberglass or fiber-cement material, utilizing one type consistently throughout the design. Fluting or raised decorative patterns may be used as appropriate to the style. · Give articulation to columns by tapering slightly from a wider base. · Include articulated column bases and capitals. Capitals, or top portions of columns, should be more subdued than column bases for residential construction. Column bases of a brick or stone material would be appropriate if complimentary to the overall design and style. Railings . Utilize a style and proportion of railings consistently throughout a project. · Incorporate railings designed to be complementary to stairs, columns, or walls that they are affixed to. · Utilize a substantial width for the handrails and base rails, accented with ornamental dowel or rectangular balusters. A minimum of 2" thickness is recommended for railing components. · Posts should be significantly wider in thickness than handrails and base rails and ornamented with rectangular caps. · Handrails or base rails should not attach directly to wall planes but should be affixed to a post attached to the wall plane, no less than Y2 the width of a freestanding post. Columns and railings should be articulated and of substantial width in order to give an impression of structural integrity. Entryways Entryways that are articulated and emphasize approachability provide a positive identity for the home and presence to the street. Designs should seek to: · Locate main entrances to face the street or alley through an open, unenclosed porch area. · Provide a clear walkway a minimum of 3' wide and lined with landscaping to the building entrance. · Incorporate materials that would allow interest at the street level such as brick, flagstone rock, and pavers for walkways. · Discourage concrete walkways. When necessary, adorn concrete with brick or decorative rock and/or provide aesthetic treatment such as stamping or painting surfaces. City of Virginia Beach -Residential Design Guidelines, November 15,2005 Section 2: General Design Guidelines ~ 2-12 OLD BEACH DESIGN GUIDELINES · Incorporate usable spaces at all doorways in the form of open, unenclosed porches or covered landings. A minimum of 25 SF covered landing is recommended. · Incorporate at least one fixed light fixture for safety, designed as either hanging or wall-mounted. · Discourage motion sensor lighting in favor of constant lighting fixtures. · Utilize other forms of lighting, such as freestanding lampposts and landscape lighting, as they provide visual interest and added security at the street level. · Design street addresses to be clearly visible from the main street or an improved alley, to include a unit number, letter suffix, and street name. (i.e. 514 A 24th St.). · Utilize subtle lighting for addresses. Internally lit or neon lighting for addresses is discouraged. · Incorporate address numbers for emergency responders on curbs in those locations where curbs are provided. · Locate mailboxes, clearly displaying addresses, along the main street or improved alley frontage, and adorn with landscaping. Entryways should be articulated and emphasize approachability, providing a positive identity for the home and presence to the street, Doors · Announce doorways through use of overhangs, in the form of awnings, peaked roof forms, or unenclosed porches. A minimum of 2' overhang over doorways is recommended. · Pitches for door overhangs may be steeper than the roof pitch for the main body in order to articulate the functional space. · Discourage the use of recessed doorways in the wall plane (doors accessed through porches should not be considered recessed doorways). When stucco, stone or brick veneers are utilized at doorways, doors should be slightly recessed to convey a reasonable wall thickness. · Incorporate usable spaces at all doorways in the form of open, unenclosed porches or covered landings. A minimum of 25 SF covered landing is recommended. · Utilize doorways proportional to the main structure as well as to the proportions of the windows selected for the design. · Utilize high-quality door materials such as wood, fiberglass or steel, protected with a paint or stain. Doorways should be framed with decorative trim with a minimum width of2". · Incorporate details on doors, such as raised panel profiles and clear or stained-glass windows. · Incorporate transom windows, located to the side of or above doorways in order to provide accent. · Utilize use of special doors when appropriate, such as round top doors. · Incorporate light features at door entrances, in the form of hanging or wall-mounted lights. City of Virginia Beach -Residential Design Guidelines, November 15,2005 Section 2: General Design Guidelines ~ 2-13 r OLD BEACH DESIGN GUIDELINES . Address numerals attached or adjacent to doors should be decorative in a style compatible with the main structure. Garages Garages should not serve as the focal point of the home. Designs should seek to: . Utilize rear-loaded, side-loaded, or recessed front- loaded garages in order to diminish the visual impact of the garage along street fronts. · Limit the use of side-loaded garages to lots with a width of 50' or more. · Incorporate similar materials and architectural details in garage facades as the main dwelling. . Incorporate windows and other architectural detailing on garage doors and walls in order to reduce their impact and scale. · When appropriate, incorporate roof overhangs above garages in order to soften their visual impact. . Carports are to be treated as garages when referring to setbacks and lot coverage. Fabric and prefabricated metal carports are strongly discouraged. Rear-loaded garage allowing adequate plantable yard area, Recessed front-loaded garage with architectural treatments. Side-loaded garage with architectural treatments. Section 2: General Design Guidelines ~ 2-14 City of Virginia Beach -Residential Design Guidelines, November 15, 2005 OLD BEACH DESIGN GUIDELINES 2.6 Landscape Character Landscaping should be utilized for screening, shading, spatial definition, and environmental control. Landscaping is an integral element of new design and improvements. Designs should seek to: . Utilize landscaping along street fronts, side setbacks and rear yards in order to frame, soften and embellish the quality of the residential environment. . Incorporate water tolerant plants in order to aid with on-site drainage and water filtration. . In order to establish successful landscaped areas, utilize a three-tier system: 1) grasses and ground covers, 2) shrubs and vines, and 3) trees. . Planting and selection oflandscape material should be such that lines of sight remain open and clear, and places of concealment are not fostered. · Landscaping placed adjacent to street intersections and driveways shall ensure appropriate lines of sight for vehicular and pedestrian traffic. Landscaping adjacent to street intersections and driveways are to meet vision clearance measurements identified in Section 201 of the Zoning Ordinance. . Minimize the use of paved surfaces in open spaces and setback areas by utilizing foundation planting to soften and frame the built environment. · Incorporate shade trees along the street front in order to hold a street edge. A minimum of two (2) trees along the street front per 40' - 60' wide lot is recommended. · Employ tree preservation for mature trees · Integrate plantable yard areas, a minimum of 600 SF per unit, in the form of rear yards or courtyards. · Limit fencing along street and alley fronts to a 4' maximum height. . Accommodate privacy fences along alleys only when appropriate. When privacy fences are necessary, an access gate and 5' oflandscaping along the alley frontage should also be provided. . Incorporate landscaping and low fences as visual screening in order to conceal service areas, mechanical equipment, and trash receptacles. · Utilize low, landscape lighting when appropriate in order to provide visual interest, create a clear edge for beds and walkways, and enhance security. Lighting should be spaced at intervals of 5' or more from one another. City of Virginia Beach -Residential Design Guidelines, November 15, 2005 Landscaping along street (ronts, side setbacks, and rear yards should frame, soften and embellish the quality of the residential environment. Courtyard extension from an attached unit, providing plantable yard area and open space. Section 2: General Design Guidelines ~ 2-15 OLD BEACH DESIGN GUIDELINES Driveways Driveways should be designed to minimize their visual impact on the site using materials that limit impervious surface. Designs should seek to: · Utilize single-stack driveways in order to accommodate porches and landscaping along street fronts. · Incorporate two required on-site parking spaces along driveway aisles. · Utilize paving materials that allow more pervious surface area, such as brick runners and open pavers. · Discourage the use of concrete, asphalt, and other impervious materials. When necessary, encourage the additional use of brick, exposed aggregate, or other comparable decorative material along 15% of the driveway surface and/or aesthetic treatment such as stamping or painting surfaces in order to improve the aesthetic quality of the home. · Incorporate landscaping along driveways and between side-by-side parking areas in order to enhance the residential character. · Ensure that landscaping and structures developed adjacent to driveways do not encroach into the required visibility triangle in order to maintain adequate lines of sight for both vehicular and pedestrian traffic. · Utilize a maximum of one curb cut per unit, 8' -12' wide. · When curbs are not present, encourage the extension of driveway material to the public right-of-way. ...10'....,. Driveways should be designed to accommodate on-site parking and maintain adequate lines of sight for vehicular and pedestrian trqfjic. Drainage Maintaining adequate drainage is a key factor to maintaining the neighborhood as a whole. Designs should seek to: . Grade the site toward the main street. · Establish run-off away from adjacent lots. · Design for on-site water infiltration and water treatment. · Incorporate drainage systems that are easily maintained. · Ensure that the finished floor of houses and garages are set a minimum of 12" higher than the adjacent street and alley. A redeveloped site graded to direct , water to landscaped beds for infiltration and treatment. Driveway design with brick runners allows for more pervious surface, I Driveway design with decorative pavers and landscaping enhances the aesthetic quality of the home, City of Virginia Beach -Residential Design Guidelines, November 15, 2005 I Section 2: General Design Guidelines ~ 2-16 OLD BEACH DESIGN GUIDELINES 2.7 Streetscaue Character Designating a clear transition from private yards to public streets encourages a pedestrian-oriented community. Designs should seek to: · Establish 5'- 8' landscape buffers continuously along street and alley fronts with water tolerant plants and low shade trees. · Incorporate low, see-through fences along street and alley fronts when appropriate. · Screen trashcans and mechanical units from public view with adequate landscaping and/or low fences. · Limit curb cuts to one per dwelling unit, 8'-12' wide. · Explore the possibility of neighborhood connection through the installation of sidewalks in the public right- of-way. Clear transition from private yards to public streets encourages a pedestrian- oriented community. Recent City improvements enhance the streetscape character. Community Safety Streets, homes, and open space should be designed and maintained to encourage interaction between neighbors and provide "eyes on the street". Designs should seek to: · Create a visual relationship between the front of the home and the public street. · Establish entryways that are visible from the street or adjacent open space. · Incorporate an architectural feature that clearly delineates entries to the home, such as a front porch, entry patio, courtyard, or archway. · Incorporate addresses that are clearly marked and visible from the main street and alley. · Ensure adequate lines of sight are maintained at street intersections and driveway aisles for both vehicular and pedestrian traffic. Units should be properly accessible for residents and emergency personnel. Designs should seek to: · Establish main access from a right-of-way of20' or more. · Establish 4' wide emergency access routes from public right-of-ways, not to exceed 150' in length. · Provide operable gates at fences located in the path of emergency access routes. Lots should be accessible from a public right-of way of 20' or more through the design of 4' wide emergency access routes in side yard setbacks. City of Virginia Beach -Residential Design Guidelines, November 15, 2005 Section 2: General Design Guidelines - 2-17 OLD BEACH DESIGN GUIDELINES 2.8 Materials and Applications The use of quality materials can ensure the durability and aesthetic quality of a structure. Due to the seaside location of the neighborhood it is recommended that new structures be constructed with high-quality materials in order to ensure the permanence and aesthetic value of new projects. Designs should seek to; . Utilize materials consistent with the structure's architectural style and massing . Utilize materials that are durable and relate a sense of quality and permanence to the structure. . Utilize fire-rated and hurricane-rated materials. . Incorporate residential fire sprinklers in projects built with limited setbacks . Organize a project around a principal material, texture, and color. . Utilize textures, colors, and materials that complement each other and act to unify the building and its elements. . Utilize limited changes in material, color, and texture. Where appropriate, variations should complement and build upon principal building characteristics. Horizontal spans of trim are recommended to separate change in materials. Foundation Materials: . Discourage the use of concrete slab as a foundation material. . Utilize brick as a foundation material. When split-face block and concrete are appropriate, ensure that foundations are painted a color complementary to the structure. . Lattice-screen of high-quality vinyl or composite materials may be appropriate in screening raised foundations, but should be limited in use. Exterior Finish Materials: . Discourage the use of concrete, concrete block, and metal siding as a building's main exterior finish. . Utilize lapboard or shake-style siding as a principal exterior finish, through the use of fiber-cement paneling (hardi-plank, hardi-board), treated wood, cedar shake, or high quality simulated vinyl as a finish material. . Incorporate brick and stone as a supplement to the principal exterior finish where appropriate. These 'heavier' materials should be placed beneath 'lighter' materials. . Utilize brick for chimney finish materials. Stone finishes may also be appropriate in some styles. Roofing Materials: . Utilize high-quality roofing materials . Maintain the use of one roofing material and color throughout a project. When the use of a different roofing material is required, ensure the use of a similar color throughout a project. . Discourage the use of clay tile roofs or low-quality asphalt shingles. . Utilize slate, high-quality asphalt, fiberglass shingles, or wood shakes. Metal-standing seam and copper roofing may also be appropriate in some designs. City of Virginia Beach -Residential Design Guidelines, November 15, 2005 Section 2: General Design Guidelines ~ 2-18 OLD BEACH DESIGN GUIDELINES Doors and Windows Materials: . Utilize high-quality, weather resistant materials such as insulated aluminum, composite, solid wood, and metal frames with dual pane glass panels. . Incorporate stained glass or art glass to accent designs when appropriate. . Incorporate muntins, divided lites, or wood dividers. . Utilize decorative hardware as an accent. Shutter Materials: . Utilize high quality, weather resistant materials such as composite, treated or painted wood, and vinyl. · Discourage the use of aluminum and metal shutters. · Utilize cast-iron or painted steel hardware for operable shutter hardware. Column, Trim, Fascia & Soffit Materials: . Utilize high-quality, weather resistant materials such as treated or painted wood, synthetic wood (fypon or similar), fiber-cement materials, composite (polyvinyl/fiberglass) or high-quality vinyl. . Discourage the use of metal for column, trim, and fascia finish materials. . Painted metal may be appropriate in soffit designs. Railing & Fence Materials: . Utilize treated or painted wood, synthetic wood, vinyl, fiber-cement, or composite materials. . Wrought iron may also be appropriate in some designs. Hardscape and Driveway Materials . Utilize pervious materials and designs such as brick, rock, and open pavers. Treated wood, synthetic wood, and composite materials may also be suitable for decks and patios. . Discourage the use of concrete, asphalt, and other impervious materials. When necessary encourage the additional use of brick, exposed aggregate, or other comparable decorative material along 15% of the driveway surface and/or aesthetic treatment such as stamping or painting surfaces in order to improve the aesthetic quality. Quality materials ensure the durability and aesthetic quality of a home, Lapboard-style siding with brick foundations and limited material changes are encouraged. City of Virginia Beach -Residential Design Guidelines, November 15, 2005 Section 2: General Design Guidelines ~ 2-19 OLD BEACH DESIGN GUIDELINES [j] NEW CONSTRUCTION 3.1 Sio2:le - Familv Single-family housing has been identified as the preferred housing type within Old Beach. Single-family development should arrange parking to be located in a single-stack arrangement within side-yard setbacks with side-loaded, rear- loaded, or recessed front-loaded garages. Required Zoning: R-5S, R-5D, A - 12, A - 24, A - 36 Lot Area:.......... ............5,000 SF Lot Width:................ .....40' - 60' Lot Depth: ................. ..130' -190' Lot Coverage:. . . . . . . . . . . . . . . .40% maximum Impervious Cover:...... ......60% maximum .--- slogle-$taek p~rkll'l!l$l driVeway 11'1 side-y~ $et~c 12'~lba(k recommended ...:...-- . . . Footprifltsi;w& lOcation with adequate setbacks 11l)O-21OOSF I~s~ &max..Iot~ of4O'l6 {ec;ommend<<l . . . I Sideyardsetb!t - - 8' minimum -e- -- I I I I I I I -1;-.-. Frolltyatj:j Front Porch ~ttmk adequate $:-8' width for land$Caplng 8' minimum I I I I I I I . I I I I .- ... ... .. ... ... - - - ... - ... - ..- - ..,-- - .. ..- ... - - - ... ... ... -t . Rear or < ftantable Yard Area SklHoacled Minimum. 600 Sf Gilragl!' City of Virginia Beach -Residential Design Guidelines, November 15, 2005 Section 3: New Construction ~ 3-1 OLD BEACH DESIGN GUIDELINES 3.2 Sim!1e- Familv with Ancillarv Structures Single-family housing has been identified as the preferred housing type within Old Beach. Some single-family lots may be developed with detached ancillary structures, such as rear- loaded garages. Rear access to ancillary structures should be designed from alleys 20' in width or more. Garage apartments, allowing 500-800 square feet of living space, may also be suitable for development on lots abutting alleys of20' or more. Garage apartments must maintain interior lot separation and be provided with on-site parking. Required Zoning: R-5S, R-5D, A - 12, A - 24, A - 36 Lot Area:..................... .5,000 SF Lot Width:................. .....40' - 60' Lot Depth: .................. .130' -190' Lot Coverage:. . . . . . . . . . . . . . . .40% maximum Impervious Cover:... . . . . . .. .60% maximum Interior Lot Separation between Structures: 30' minimum ...--- Singll!.~tack pjlrking& driVlMay In ~lde.y~~tbillck 12'setbadc:recommended ..~.~Wi I I . Footprint sad l(lOItl<m Ii:i with adequate$e(backs . . UI ItlCildmum lot Q;liVeM!Jeof 4O'llo, ~ . 1700 .~7clO SF IMr\!! spa~ lI'J l'e(Clmmended I . . ... -- - Side yard~tblllt;k 8'rnllilmum -e- - - I I I l I I I .'-.--, r=rontyard ........;...r Front Porch setback adequate S'''8'wlcllh for landscaping 8' minimum ,,::~/r-- -........... "'-""-~:;'1 ~ . . /j/ #~ , ,r- I I I . t .t t- f II: I t- - - - - - - - - - - - -- - - - - - .- .... - -- -- .- - - .- - -- - ... Plillltable Yard Area Rear-Io.aded. Plantable Yardma Minimum 600 SF Side-loaded, adjaamtto alley or RtcQ$$<<l FronNoaded Gal"<!~ City of Virginia Beach -Residential Design Guidelines, November 15, 2005 Section 3: New Construction - 3-2 OLD BEACH DESIGN GUIDELINES 3.3 Duplexes - Adiacent to Unimproved Allev Duplexes, with integrated open space, have been identified as a suitable housing type within Old Beach. Duplexes adjacent to unimproved alleys, alleys less than 20' in width, should be developed with the primary access to all units from the street. Both alley and street fronts should be designed with adequate landscaping or other features to improve the pedestrian expenence. Required Zoning: R-5D, A - 12, A - 24, A - 36 Lot Area:...... ................7,000 SF Lot Width:................. .....40' - 60' Lot Depth: . ................ ..130'-190' Lot Coverage:.............. ...35% maximum Impervious Cover:... . . . . . . . .60% maximum UNIT.2 ...---- UNIT.' ... ____ ... -e--w ___~~t'c:,_;;_~_~- PAIUCING & 0Ilf1lEWAY.2 WITH IMPOOYED AL.lf.Y 1 UNIT 2 .--- Single-Jtack parking & driveWay'n slde-yatd setbac,k 12' setback recol1lfl1@flded I i . footpr~nt$~& beau!>.n. ... WIth adequate se.tbacks.. lU maxlmumlolcoverage of~;; 17OC- :Z7QO Sf fl\lll'l!)spatf! ti r<<Omrrumded I I I I -e- -- Side yard setbiick 8'minllTli.lm _. _ _ _ I'LANl'AlILHAIIO AREA-I t I t I I I I I I I I f--.-.. Front )tard -.:../ F~t Po:ch setbaCk adequate 5' ~ B' . ldth forlandKaplng .. w a'minimum I I t I I I I I I t I .. - --..- .. .. .. .. -.. - -.. - - - - -- --- - -- - - - - - - - - -. R~r.loaded, Side-loaded, Plantable ~rd Area or~sed Ft'ont-loaded Minimum 6005F /unit Garagei City of Virginia Beach -Residential Design Guidelines, November 15,2005 Section 3: New Construction ~ 3-3 OLD BEACH DESIGN GUIDELINES 3.4 Duplexes - Adiacent to Improved Allev Duplexes, with integrated open space, have been identified as a suitable housing type within Old Beach. Duplexes adjacent to improved alleys, alleys 20' in width or more, may be developed with primary access [rom the alley. Porches are encouraged along street and alley fronts. UNrTl Required Zoning: R-5D, A - 12, A - 24, A - 36 Lot Area:. ................... ..7,000 SF Lot Width:................. .....40' - 60' Lot Depth: .................. .130' -190' Lot Coverage:............. ....35% maximum Impervious Cover:.......... .60% maximum UNrT2 . . j f I . .'1-.-:1' Front yard --' Frbnt POrch ielPackadequatJ! 5Hr wldth for landscaping 8' minhYllJrt'I . UNlT1 4 -- $>> "*.-- _;~_w --.4 Plantabll! Yilrd Area Minimum 600 SF luolt I I I UNIT 2 . I ~.. I I . I I. I 4-..-----------.. ..~. ... .-. P1antable Yartl Area . . Frontyal'd MlnimlJJll 600 SF Il,Il1itFrom Pore ... setbackadeqwte 5' - 8' width fodao~aplng a'minimom .--- Sing Ie-stack parkIng & driveway in side-yal'dsetback 12' setback recOrtltnended -e--- I I I FOO. tprlntsize.&.foc. atl<>ll ...... wlthadequate setDi\C!<s& . W IT\BxJmumlot covl!l'jlgeOf~.~ 1700-270() Sf living ~ Ii ~~ I I I ..e--- - Side yal'd setback 8'mlnimum -.- - - City of Virginia Beach -Residential Design Guidelines, November 15,2005 Section 3: New Construction - 3-4 OLD BEACH DESIGN GUIDELINES 3.5 Two Cotta2es (Principal and Ancillarv)/One Lot Two Cottages (Principal and Ancillary Structures )/One Lot have been identified as a suitable housing type within Old Beach. Cottages should maintain appropriate physical proportion and scale in relationship to the lot size. Area devoted to each unit should not be less than the dimensions identified below. Lots cannot be subdivided to place each unit on a separate lot. If separate ownership of each unit is desired, a condominium form of ownership should be pursued for the lot. Cottages must maintain interior lot separation and be provided with on-site parking. Porches are encouraged along street and alley fronts. I I I I I I I , .-;........ Fi'ont yal'l:l-.:,J Front Porch setback adequate S'. 8'width for landscaping 8' minimum Lot Coverage:......... .........40% maximum Principal Structure...... .60% of allowable lot coverage Ancillary Structure...... .40% of allowable lot coverage Impervious Cover:....... . . . . . . . . . . . . . . . . . . . . . . .60% maximum Interior Lot Separation between Structures.. .30' minimum . Required Zoning: R-5D, A - 12, A - 24, A - 36 Lot Area:........... ...............5,000 SF Lot Width:.. ................ .......40' - 60' Lot Depth:....... ............. ....130'-190' .--- Single-stad: parking & d rivt!wiiY in side-Yilrdsetback 12'setback recommended .....-- . FQotprintslze & IocatlJn . i WIth adequate $fttbad<s&: I;; ~llimum b~t~~of4O%. 1700- 2700 SF Irvfng~. recommended J 1 I SI~lIal'd ~t;k- - 8'mllllrl1u~....... MRKING&DRMWAY. t t .. : Wlthanumlmpl\)lIed . alley, analfe)' less than .. ~'i!iWidtb.priiTl<lry I I .. access to the rear unit -t- l. I fMstbeestabUshed UNIT 1 UNI;12 ~ fromtberoail'lstreet I 'I I' I .. -- - .. - - -- - -- - - - --- - - .. - - - - - .. t - .. · .. .. · .~ .. .. P1antable Yard Area I , Front Porch ... Fn;ll'ItYard Minimum 600 SFI unit -t _ _ _ _ _ .. .. . s'.8'width $fttbiidt.adequilte With iln unimproved alley, fer landsup!tlg less than 20'1/\ WIdth 8'mlnimum primaryatcl!Ss mUst be rearranged to City of Virginia Beach -Residential Design Guidelines, November 15, 2005 Section 3: New Construction ~ 3-5 OLD BEACH DESIGN GUIDELINES 3.6 Semi-detached. Townhouses & Multi-familv Housin!! Tvpes Semi-detached, townhouse, and multi-family housing types have not been identified as compatible housing types within Old Beach due to the fact that they limit opportunities for compatible open space, landscaping, and parking patterns. The development of these housing types should be discouraged. Semi-detached: When necessary, semi-detached development should not result in the subdividing oflots to less than 130'in depth and 40' in width. Semi-detached units should be attached with a single-story recessed wing. Required Zoning: R-5D, A - 12, A - 24, A - 36 Townhouse development Townhouse: When necessary, townhouse development should be designed with porches lining the street front. Parking should be rear-loaded from an improved alley. The number of consecutive attached units should be minimized. Required Zoning: A - 12, A - 24, A - 36 Multi-familv: When necessary, multi-family housing should be limited in scale, 2 Y2 stories in height, and provide opportunities for open space through the use of courtyards, porches, and balconies. Parking should be rear-loaded from an improved alley. Both alley and street fronts should be designed with adequate landscaping or other features to improve the pedestrian experience. Required Zoning: A - 12, A - 24, A - 36 Multi-family development Section 3: New Construction ~ 3-6 City of Virginia Beach -Residential Design Guidelines, November 15,2005 OLD BEACH DESIGN GUIDELINES [i] ADDITIONS AND RENOVATIONS 4.1 Gara!!es and Parkin!! - Additions and Renovations Compatible garages and on-site parking should not diminish the appearance of the home. Designs should seek to: . Utilize rear-loaded, side-loaded, or recessed front- loaded garages in order to diminish the visual impact of the garage along street fronts. . Incorporate similar materials and architectural details in garage facades as the main dwelling. . Incorporate single-stack driveways for on-site parking . Create opportunities for open, unenclosed porches along street fronts Refer to Section 2, page 2-13 for additional information and visual examples. ~._-_._-_._---_....~~~~.~~?~:~~'~~~~.~~..............;- ~ ",'--- . : / I - --7 ~ : "', / I : , - - -(. , t - _. .. I I , , ~ . I I I I : , , , , , , , , , , , , , , , · AdeQuate - - .p;j1iW ... Landscaping Pl>rth A~I ..,....., New -, GIll9\" PIacem~ .. . . . . . M.ii~iain' p,"iab"ki'Yafd Area..... 600 SF IUnit Minimum Detached garages- Front, Side, or rear-loaded New Sing_ .~~".ll"~~P!l~_. : /1T'---_ . /. I 7. : /_ I : / , , '-,-- ~ - - I I I I I I -j _ -' : I / / ""'i-v . . . ~. : t ... M.qij~' -~NeW -.. Landscaping Porch Area . , . , , -t,~,.~ ,...... . GilrIge Plilc......nt , , , . ....- .,....-.... -... _......~ Maintain Plaritable Yard Alea . 600SF I UnltMinlm.... Recessed front-loaded garages City of Virginia Beach --Residential Design Guidelines, November 15, 2005 -;_ __ .__ __ _ ______~~':9.~!~~'L9_~~~"!..._. _ _.. .... _. _..!- : //I--'-~,- : /_ I )?J , 1 -1--- -/ . - I I : I I I I . , , : I I .... --- --- -.. - - -... Adequate . New landstaplngPorch AI'M Side-loaded garages , , , , , : I I .f.u:..-" -.. ----,- o nul::\iWlle . New landscaping, Po:r<:h Area Rear-loaded garages +NeW" Gar_ Placement , , , . ' .. -- - ---... - -. ....... -- -..... l Malntalo Planhilble Yard Aiea 600 SFlUnit Mlnlmum ~ ~v N.... $iogle-stack .....~mi~~q<t~mn.... /......t--_______: : / I -_ I . 1--1--___ //1: : I ---~_." I: : I: : , , , , ~-'N--.--- ______ ~__w""''' .._~" >>~>> New. Maintain P1antable Yard Am Ga~600 SF I Unit Minimum PIo,.......t ~ Section 4: Additions and Renovations - 4-1 OLD BEACH DESIGN GUIDELINES 4.2 Porches - Additions and Renovations Porches create a sense of presence, orientation, and welcoming for residences. Designs should seek to: . Incorporate the placement of porches as an integral part of the home's design, designing adequate space for outdoor furniture. A minimum width of 5' - 8' from the exterior wall is recommended. . Utilize open, unenclosed and unscreened porches in order to promote community interaction. . Utilize materials, details, and colors complementary to the overall design. Refer to Section 2, page 2-10 for additional information and visual examples. , New Single-sl.ac:kParkingand Driveway .,.........................-.............-... I ,r--- , ,. ---7 : ,. j . I : 1--1----(/ , - I : I I I I I ,. , I , , , , I , .... __. - -. t; - - - -. - -.. , ~back Front Porch adequate for 5' . 8'wldth landscaping 8' minimum , , , , ' I .. l ~ .. -... ..-- _.''''''-- --."'.. - '" .._,~- -..- ...:- "'. , MIIintaln Plantahie ' :' Yard Area 600 SF I ... - . . ,. Unit Minimum Rear-k>aded, Side-loaded, or Recessed Front- loaded ~rage Porches along street fronts .,... _."'" _ _.. .~e.:"'.~~g.'!:~k.'1~k~n.9}.n~ ?!~~':Y....... ............ : / - "";",'-- : / /1 t---.-( I /--_ I "'---j l I ..! / /II I ---( [ I I , , , , , , , , , , , . $ ~ ...... ..' 'setback adeqlJale for landscaping 8' minimum . . . . I . ..... , Front Porch : 5'. a'width . , : . *~-**-**_.._~--~_... : · MaintaIn Plant<lhle , . : Yard Area 600 SF I : : : Unit Minimum I -......' -~...... Rear.loaded, Rear-loaded, S~'IOlIded, of S1de-load~, or Recessed Front. Recessed Front- loaded garage loaded garage "~:f Ftont iorcl\ S'-S'wIdth' ..-t- Setback adequate for landscaping S'minimum Porches along street and alley fronts NeW Single-stack .. !~~~"jl.a!1~ P!~~~a}'. .. :/1-:- -;.....;..... -.-.. , /. 7 , / I' I ' --. / , I -1-_ -( , -- - I : 1 I I I - _I / / , , , . 1 i" I t t ... .,. ..... ..-.-.. , Setback Front Porth adequate for 5'. S'width landsta ping S'mlnimum , , . .. .. - ..' , Recessecl Front- : . loaded garage , : .~~--- ~~~. - -- -. --- - - -----.. Maintain Plantable Yard Area ' 600 SF I Unit Minimum ~ ~-..; Suitable porch width with recessed front-loaded garages City of Virginia Beach --Residential Design Guidelines, November 15, 2005 Section 4: Additions and Renovations ~ 4-2 OLD BEACH DESIGN GUIDELINES 4.3 Buildine: - Additions and Renovations Additions to existing homes should be minimized to ensure the physical proportion of the project is appropriate in scale and its relationship to the lot size. Lower building heights should be retained adjacent to street and alley fronts. Building footprints should be altered in sections in order to break up larger massing while creating opportunities for open spaces. Architectural features should be incorporated in design, including, but not limited to wall projections and recesses, dormers, and architectural details in order to create visual interest. . I I : I t . I . ~*---~--------------,.- New ' EXISTlNG2 STORY · Porch BUILDING .MAS5 Area f....._ J. I I I I .-- J/ . I , I , , ~~ ~ I ...----... · New Garage Placement Existing massing I I I , : : -. -,- N;~-Po~d; - .-NeW1/f:-j-;-New~' Story Addition Wing Incorporate Wall Pr'OjectioO$, Wall Re<:es$el1 Dormers, and Architectural Details .1 I. Building additions and renovations with appropriate massing and composition. City of Virginia Beach -Residential Design Guidelines, November 15, 2005 Section 4: Additions and Renovations ~ 4-3 OLD BEACH DESIGN GUIDELINES 4.4 Two Cotta2es (Principal and Ancillarv)/One Lot A number of existing single-family homes are currently located on lots that are zoned for higher density housing. These guidelines encourage the maintenance of single-family lots. Property owners may however, choose to redevelop their lots with the existing home to remain. In this case, property owners should follow the guidelines in Section 3, page 3-7 Two Cottages (Principal and Ancillary)/One Lot, of this document. More specific provisions for the redevelopment of a site with an existing unit to remain are outlined below. I , , I , ~.'ExisiiNG- ~. ~.. ~ ~ BUILDING MASS 45% of Allowable Lot Coverage Single-family home to remain after redevelopment ~~ I- . . , , I I t t *' rN~porch Net Ga'ri9~ ~. - - -~ew Volf - . .., i .... t I . , Total Unit with Additions : : Not to exceed : : should. not exceed 60% of : : 40% of A11bw'able: __ ~!19y!a_bJ~ ~g! 9!YE!r!l9~_ _ ~ _ ~ .!-9lf:!?Y~t:.ag~_ _ _ -L . Combined Allowi1ble Lot Coverage 40% 'J Combined Allowable FAR 1.8 "Two Cottages (Principal and Ancillary)/One Lot" development with the existing single-family home to remain City of Virginia Beach -Residential Design Guidelines, November 15, 2005 Section 4: Additions and Renovations ~ 4-4 OLD BEACH DESIGN GUIDELINES [i] OLD BEACH OVERLAY DISTRICT In order to achieve enhanced neighborhood compatibility through the objectives identified in these design guidelines, amendments to the existing City Ordinance (CZO) will be drafted in the form of an Old Beach Overlay District. Regulations within the Old Beach Overlay District will work in conjunction with these design guidelines to provide a framework for new development. The Old Beach Overlay District and its provisions shall be applicable to properties within the Old Beach Overlay District boundary. In addition to the underlying zoning classification of properties, a new overlay zoning classification (OB), shall provide unified regulations for neighborhood development while allowing greater flexibility in design relevant to these design guidelines. As an example, property in the Old Beach Overlay District and in the R-5D Residential Duplex District shall be designated as having the classification "R-5D(OB)". Regulations within the Old Beach Overlay District will include provisions for by-right development that have been addressed in these design guidelines and are not currently permitted in the area's existing zoning. Design incentives listed on page 1-6 of this document, and zoning provisions identified on page 2-6 of this document will be administered through the Old Beach Overlay District provisions. To obtain or review a copy of the Old Beach Overlay District provisions please view the City's website at http://www.XXXXXX or contact the City's Planning Department at 427-4621. Old Beach Overlay District Boundary In addition to the existing underlying zoning shown above, a new overlay zoning classification (DB) shall provide unified regulations for neighborhood development while allowing greater flexibility in design relevant to these design guidelines. Section 5: Old Beach Zoning Overlay ~ 5-1 City of Virginia Beach -Residential Design Guidelines, November 15, 2005 OLD BEACH DESIGN GUIDELINES o OLD BEACH DESIGN REVIEW COMMITTEE (OBDRC) The Old Beach Design Review Committee (OBDRC) is intended as a voluntary resource for those seeking to develop within the Old Beach District Overlay in order to preserve, enhance, and promote the character of the residential neighborhood in accordance with the Old Beach Design Guidelines and provisions within the Old Beach Overlay District. As a neighborhood-based design review committee, the establishment of an OBDRC allows neighborhood citizens, design professionals, and property owners who wish to develop their property an opportunity to work together to achieve an improved residential environment through attention to fundamental design principles. Membership Old Beach Design Review Committee shall consist of five members selected by Virginia Beach City Council: two representatives from the Resort Advisory Commission (RAC) and three representatives from Old Beach. A member of the City of Virginia Beach Planning staff will serve as liaison to the Committee as needed. Sueeested Proiect Submission Items In order to assist in a thoughtful and informative review of projects, submissions to the OBDRC should include: a. Planning Worksheet b. Recent Lot(s) Survey c. Concept Plans and Elevations to scale d. Landscape Plans As available, existing pictures, concept drawings, renderings, models, final construction drawings, color and material samples, or specific product information may also be helpful in providing design input. Preliminarv Review In order to assist the property owner in the earliest stage of planning, discussion is encouraged at the preliminary stage of development planning. Plan nine Worksheet A worksheet has been provided at the end of these design guidelines in order to assist property owners in meeting design criteria identified in the Old Beach Design Guidelines and provisions of the Old Beach Overlay District. A copy of the planning worksheet can be obtained from the Planning Department located at the Municipal Center - Building 2, Room 100, 2405 Courthouse Drive, Virginia Beach, VA 23456, (757) 427-4621 or on-line at WWW.XXXXX.com. City of Virginia Beach - Residential Design Guidelines, November 15, 2005 Section 6 - Design Review Committee ~ 6-1 OLD BEACH DESIGN GUIDELINES Glossary of Terms The following terms are used within this guideline manual. For terms not defined here, please refer to the City of Virginia Beach Zoning Ordinance. Adjacent - Property that abuts the subject property on the same side as the street. Aesthetics - The science and philosophy of beauty. If something is aesthetic, it is of beauty or artistic. Alignment - The visual alignment and placement of architectural elements such as windows, cornice elements, soffits, awnings, etc. Alleys - Alleys are minor ways used primarily for vehicular access to the rear of side of properties otherwise abutting a street. Ancillary Structure - A structure which is clearly incidental to, and customarily found in connection with, the principal use Arbor - A shelter of shrubs and branches or of latticework intertwined with climbing vines and flowers. Arch - A curved structure supporting its weight over an open space such as a door or window. Articulation - The degree or manner in which a building wall or roofline is made up of distinct parts or elements. A highly articulated wall will appear to be composed of a number of different vertical and horizontal planes, usually made distinct by their change in direction (projections and recesses) and/or changes in materials, colors or textures. Awning - A fixed cover, typically comprised of cloth over a metal frame, that is placed over windows or building openings as protection from the sun and rain. Balcony - A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail balustrade or parapet. Baluster - The upright portion of the row of supports for a porch railing. Buffer - A method or materials used to visually conceal one element of a development from other elements or from adjacent development. Building Area - The total area covered by enclosed building space including total area of all covered open space (except for areas covered by eaves and normal overhangs of roofs) but not including uncovered entrance platforms, uncovered terraces, or uncovered steps where such features do not themselves constitute enclosures for building areas below them. Carport - A permanent roofed accessory structure with not more than two (2) enclosed sides intended for vehicle storage. Column - A vertical support, usually cylindrical, consisting of a base, shaft and capital, either monolithic or built-up of drums the full diameter of the shaft. City of Virginia Beach -Residential Design Guidelines, November 15, 2005 Glossary - 1 OLD BEACH DESIGN GUIDELINES Compatibility - Provision of site design, architectural design, and high quality materials that are consistent with the existing neighborhood. Cornice -An ornamental detail at the meeting of the roof and walls; usually consists of bed molding, soffit, fascia, and crown molding. Cul-de-sac - Complete closure of a street either at an intersection or at a mid block location. Curb Cuts - The elimination of a street curb to enable vehicles to cross sidewalks and enter driveways or parking lots. Duplex - A building containing two (2) dwelling units, entirely surrounded by a yard, where each dwelling unit is not on a separate lot. Dwelling unit - A "dwelling unit" is a room or rooms connected together, constituting an independent housekeeping unit for a family, and containing a single kitchen. Facade - The exterior face of a building that is the architectural front, sometime distinguished from other faces by elevation of architectural or ornamental details. Floor Area Ratio - The ratio of floor area to land area expressed as a percent or decimal which is determined by dividing the total floor area on a zoning lot by the lot area of the zoning lot. Gable - The vertical triangular end of a building from cornice or eaves to ridge. Garage Apartment - A structure above a private garage in which provision is made for one (1) dwelling unit, requiring an interior stairway to the second floor, provided that the living area does not exceed eight hundred (800) square feet of floor area and the height does not exceed twenty-eight (28) feet. Garage (Recessed) - A garage recessed a minimum of 40' from the property line of which the garage is accessed. Height - The distance from the existing grade to the top of a structure's roofline. Hip Roof - A roof with four uniformly pitched sides. Impervious Surface - A surface that does not offer an opportunity for water to infiltrate into the ground. Landscaping - an area devoted to or developed and maintained with native or exotic planting, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative outdoor landscape elements. Lot Width - The horizontal distance between side lot lines. Lot Coverage - That percent of a zoning lot covered by enclosed building space including total area of all covered open space (except for open space covered by eaves and normal overhang of roofs) but not including uncovered entrance platforms, uncovered terraces, or uncovered steps where such features do not themselves constitute enclosures for building areas below them. City of Virginia Beach -Residential Design Guidelines, November 15, 2005 Glossary - 2 OLD BEACH DESIGN GUIDELINES Multi-family - A building containing three (3) or more dwelling units, entirely surrounded by a yard, where each dwelling unit is not on a separate lot. Muntin- A strip of wood or metal separating and holding panes of glass in a window Open Space - The area of a lot substantially free of structures and set aside, dedicated, designed, or reserved for public or private use for recration. Ornamentation - Details added to a structure solely for decorative reasons. Pergola - A structure of parallel colonnades supporting an open roof of beams and crossing rafters or trelliswork, over which climbing plants are trained to grow. Pervious Surface - a surface that presents an opportunity for water to infiltrate into the ground. Pitch - The slope of the roof expressed in terms of ratio of height to span run. Plane - A continuous flat or level surface of a roof or wall. Plantable Yard Area - A continuous area devoid of structures and dedicated to open space and landscaping. Porch - (Open & unenclosed) An open platform, usually having a separate roof and supported by columns, which is not enclosed by walls, screening, or other material. Porch - (Second story) Second story porches to be permitted 10' - 13' from the front yard property line are to be uncovered, unenclosed, incorporate railings no more than 3' in height, and are to be recessed a minimum of2' from the roof fascia below. Principal Structure - A structure that encloses or houses any principal dwelling or use. Renovation - The modification of or changes to an existing building in order to extend its useful life or utility through repairs or alterations, while preserving the features of the building that contribute to its architectural, cultural or historic character. Resource Management Area - That component of a Chesapeake Bay Preservation Area not classified as a resource protection area. Resource Management Areas include land types, which, if improperly used or developed, have the potential for causing significant water quality degradation or for diminishing the functional value of a Resource Protection Area. Resource Protection Area - That component of a Chesapeake Bay Protection Area comprised of lands at or near the shoreline, which have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts that may result in significant degradation to the quality of state waters. Scale - The general feeling of mass and size of the building as related to that of other buildings. Semidetached - A building containing two (2) dwelling units attached at the sides, separated by a boundary wall and each having a separate lot. City of Virginia Beach -Residential Design Guidelines, November 15, 2005 Glossary - 3 OLD BEACH DESIGN GUIDELINES Setback - A line across the front, side, or rear of any property that delineates the yard area required by the City Zoning Ordinance adjoining a property line, within which erection of a building, fence, or other structure is prohibited. Single-Family - A building containing one (1) dwelling unit, entirely surrounded by a yard. Soffit - The exposed undersurface of any overhead component of a building, such as a beam, cornice, lintel or vault. Townhouse - A building containing two (2) or more dwelling units attached at the side or sides in a series, separated by a boundary wall and each unit having a separate lot with at least minimum dimensions required by district regulations for such sections. Trellis - A frame supporting open latticework, used as a screen or a support for growing vines or plants. Two Cottages (Principal and Ancillary)/One Lot - Insert definition & create housing type classification Window bay - A projecting bay with windows that form an extension to the floor space of the interior rooms. Wing - a subsidiary part of a building extending out from the main portion or body. City of Virginia Beach -Residential Design Guidelines, November 15, 2005 Glossary - 4 OLD BEACH DESIGN GUIDELINES Appendix For additional reference the following documents should be used in conjunction with these design guidelines. . Chesapeake Bay Preservation Area (C.B.P.A.) Bioretention / Planting Bed . Your Guide to W ater- Wise Landscaping & Gardening . Lynnhaven River 2007 - Plant List . Virginia's Chesapeake Bay Preservation Act & Local Bay Act Programs City of Virginia Beach -Residential Design Guidelines, August 5, 2005 Appendix OLD BEACH DESIGN GUIDELINES City of Virginia Beach -Residential Design Guidelines, November 15,2005 Appendix CBP A Bioretention / Planting Bed (j ~. ~ :s ~ ~. is' b::l ('\) l:l ~ ~ I I ~ ('\) '" ~ ;:: - is. -... tJ ~ ~. c;J >-< E. o ~ ~ ~ 0;:: ~ ~ ~~ ....... ~ o ('\) ~Sl ~ ~ ....... ('\) (1) ~ ";' '-. ~.v, t;;.~ (1) a ra ~ v, i:l 0.. rFJ () ~ '0 S' (fq ~ 0> e;'O 0..'0 (1) (1) i:l i:l _. 0.. i:l _. (fq ;.< ('j ~. ~ ~ ~ ::i' ts. b:l (\l \:::i ('l ;::;.. 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Table of Content 1 INTRODUCTION ................. ............. ................ ......... ...... ........ ............. ........... ....... .............. 1 Purpose................................................................................................................ 1 Current Reality....... ............. ............... ........ ....... .......... ............. ......... ......... .......... 5 Planning Goals ....... ........... ................. ........ ....... ......... ............. .......... ........ ......... 11 Planning Objectives............................................................................................ 12 2 THE PLAN / SUBAREAS................................................................................................... 16 A Resort Strip (Atlantic/Pacific Avenues)......................................................... 16 B Rudee Loop................................................................................................. 20 C Laskin Road Gateway ..................................................................................23 o Resort Center (1 ih to 22nd Streets) .............................................................25 E Neighborhoods (Old Beach, Lakewood, and Shadowlawn).......................... 31 F Winston Salem Avenue.......... ........... ........ ......... ............. ............ .................. 20 G Gateways..................................................................................................... 32 3 THE PLAN / AREAWIDE ................................................................................................... 34 Parking and Transit. ............. ............... ........ ....... .......... ........... ............... ............ 34 Urban Design and Open Space.......................................................................... 35 Infrastructure...................................................................................................... 40 4 IMPLEMENTATION ........ ............. ................ ........... ........ ........ ........... ............. ........... ........ 45 1- Purpose In 1994, the Virginia Beach City Council adopted a plan that was designed to integrate a variety of efforts and opportunities present in the city's Oceanfront Resort Area with a goal of creating a greater energy than could be achieved if each effort and opportunity moved forward on its own. T~e 1994 Oceanfront Resort Area Concept Plan expressed that desire from the outset with the fqllowing observations: The City of Virginia Beach has made tremendous strides over the past decade in transforming the Oceanfront Resort Area into revitalized center of activity and economic strength. Our success in large measure has been due to our ability to involve many people of diverse backgrounds, gather their diverse ideas, translate them to a plan of action, and carry out the plan. Now we must move from attending to the remedy of obvious physical problems to the assembly of a coordinated approach for the future of the area. As in the past, we already have before us a wide range of ideas and concepts. Taken individually, the revitalization of Laskin Road, the The Oceanfront Resort Area is generally .bound .by Rudee Iblet, the AtlanticOcean,4zrd Street.and Birdneck Road. I(stretches almost three miles along the Atlantic Ocean from Rudee fnlet to.4zrd.Street and varies from a.bout a% mile to 1 % mile in width. South of the Oceanfront are recreation, cultural, eciucatignal, lodging (camping), and entertainment uses th(1t support or complernenfthe resort tOurism functionaf the Oceanfront. This area is referred to a$Resort South by this plan. Beach Services Center, increased trolley service, proposed development of the Dome site and Rudee Loop site, Convention Cent development, plans for development of the 19th Street Corridor, and other similar projects and concepts are exciting, worthwhile, and achievable. But by combining them so that they interact most favorably with one another, we can best apply their collective energy to the fulfillment of our goals. This is the purpose of this plan. Eleven years have passed since the adoption of the plan, but the purpose for the plan as expressed above remains virtually the same - integration of a disparate group of concepts and projects a 'combining them so that they interact most favorably with one another' in such a way that their 'collective energy' moves the Oceanfront toward being a First Class Resort. Just as the 1994 plan noted there were 'tremendous strides over the past decade,' this 2005 plan can echo the same for the last decade, as evidenced by the following accomplishments: Oceanfront Reson Area .Ian November 2005 'age 1 Rf.1H:l.9 \-, I. Oceanlront Reson Area Plan November 2005 Page 2 Oceanfront Reson Area Plan November 2005 PaDe 3 o Parking garages at 9th Street and 31st Street;. o Beach Services Center (Police, Fire, and Library) on 1 ih Street. , o Trolley system with dedicated lanes on Atlantic Avenue; o Expansion of the Virginia Aquarium and Marine Science Center, including new 500 space parking lot on east side of General Booth Boulevard; o Enhancements to the 24th Street Stage, including adding dressing areas; o Hurricane Protection Project, including widened beach and beach replenishment and renovated Boardwalk; o Major development project (Hilton Hotel and 31 Ocean) and improved open space and park at the end of 30th Street; o Several new or renovated hotels and motels; o New Convention Center; o Implementation of drainage and other infrastructure improvements in Resort Area neighborhoods; o Implementation of Beach Street USA and other new music, entertainment, and sports events, such as "Viva Elvis," the "American Music Festival," and the "Rock n' Roll Half Marathon;" o CIP Project 7-145: Arctic/Baltic Avenue Drainage and Neighborhood Revitalization; o CIP Project 7-016: South Lake Holly Watershed - Drainage; o CIP Project 7-902: North Beach Drainage; o Ocean Walk Trail from Arts Center to Beach Garden Park; o New multi-purpose trail on the former Norfolk Southern right-of-way parallel to Norfolk Avenue; WHA T IS A "FIRST CLASS RESORT"? In 2004, the City Council identified as a Top Priority an initi[1tive to create a "First Class Resort" at the Oceanfront. Such an area would consist of the following: o A safe, fun and inviting environment for all ages, all year round. o Quality hotels, shops, and restaurants adding excitement and activity. o Variety that would appeal to almost any background or taste. o Year round entertainment within convenient walking distance to conference and resort hotels. o A . fun destination for our summer tourists. o An attractive location for conventions. o Home for thousands of new and current neighborhood residents. o A year-round destination for Virginia Beach residents for shopping, dining, entertainment, and employment. Oceanfronl Reson Area Plan November 2005 paue 4 and o Amendments to City development ordinances requiring site improvements and landscaping for commercial parking lots in the Resort Area. The integration of ideas and concepts called for in the 1994 plan provided energy to our efforts and contributed to the successes listed above, and most importantly, provided a quantity of energy greater than any that could have been achieved if the ideas and concepts had each gone in its own direction. The last eleven years have provided increasing energy, resulting in a corresponding increase in momentum. Combined, the increasing energy, growing momentum, and specific direction are poised to move the Oceanfront Resort Area to the next level - First Class Resort. Current RealilV Before establishing the means by which the Oceanfront can be moved toward the goal of being a First Class Resort, we must understand how far we have come since 1994 and where we currently are. The Oceanfront Resort Area performs a vital role that contributes to the overall economic well-being of Virginia Beach. The numbers are impressive. More than three million people visit Virginia Beach annually, generating over $700 million in total spending and providing approximately 10,972 jobs within the city and 5,486 regionally. This makes tourism the largest economic industry in the city, generating significant tax revenue an thus being instrumental in maintaining an overall lower tax rate throughout the city. Investment in the Oceanfro Resort Area, therefore, pays dividends throughout the city. As with any good investment, Virginia Beach has consistently recognized the long term value and growth potential of the Oceanfront Resort Area and has moved aggressively in an effort to continually improve this asse The streetscape improvements along Atlantic Avenue, improved storefronts, connector parks, boardwalk improvements, enhanced hurricane protection (including a significantly widened beach), parking garages, new pedestrian and bicycle trails, and a new convention center are just a few examples of how the City has actively enhanced the quality and marketability of the Oceanfront Resort Area. Continued enhancements are planned, such as expansion and enhancement of the Virginia Aquarium and Marine Science Center and gateway beautification, and the recommendations of thi plan will be instrumental in determining what additional enhancements should be pursued in the future. The success of these capital projects has been and will continue to be directly related to the success of the Tourist Growth Investment Fund (TGIF). The upward cycle of investment, improvement, revenue growth and reinvestment will enable the City of Virginia Beach to Oceanfront Reson Area Plan November 2005 Page 5 realize one of its most important economic growth objectives - achieving its full tourist and convention development potential and achieve the goal of being a First Class Resort. The investment that the City has made in the Resort Area has resulted in corresponding investment by the private sector, thus resulting in the growth in tax revenue that benefits the Oceanfront directly, through TGIF, and the other areas of the city. Since the adoption of the 1994 plan, there has been an influx of high-quality development to the Resort Area. In sum, we have come far since 1994 toward meeting our goals for the Oceanfront Resort Area. However, current conditions in the area reveal a reality that includes some significant issues that we must address before we can progress further. First, while there has been a significant amount of private sector investment, there is the difficult reality that there is much left to do. A walk through the Oceanfront Resort Area reveals that time has been unkind to many structures. Within the heart of the Resort Area are buildings that date from middle of the last century. Many of those older buildings are in need of significant repair, update, or replacement. Moreover, some of those buildings consist of one-story structures with a single land use, situated on sites more suitable for larger buildings containing higher-quality and multiple uses. We must encourage and provide the means by which these structures are updated or replaced with buildings and uses more compatible with the goals of this plan. Second, we can look beyond the physical component of the buildings and the land uses, and see the equally difficult reality that since 1994 there has been an influx extremely complicated behavioral problems to the area, particularly in the late hours of the night. Observations 0 the Resort Area, specifically along the Resort Strip, reveal individuals and groups whose behavior at certain times is in stark contrast to the behavior that one would expect of a family-oriented resort. It works to discourage return visits to the Resort Area from those who visit the Oceanfront believing they will experience behavior appropriate to a family-oriented resort. While there are many factors that drive this inappropriate and sometime dangerous behavior, there is a land use and development component that this plan can address. Oceanfront Reson Area Plan November 2005 Page 6 Third, the years since the adoption of the 1994 Plan have witnessed a significant expansion of the mission of Naval Air Station (NAS) Oceana, one of the largest and most advanced air stations in the world and home to the Navy's east coast Master Jet Base. As a result of that expansion, concern regarding the location and type of development around the air station increased, and the City and the Navy sought ways to ensure that the station's mission was met while accommodating the needs and goals of the City of Virginia Beach. The proximity of the Resort Area to NAS Oceana results in the area being subject to the sounds emitted from jet aircraft departing and arriving at the air station. Dependent on one's location, those sounds can be in excess of those experienced at a rock music concert, and could thus Oceanlront Reson Area Plan November 2005 Page 1 be considered undesirable noise. In an attempt to ensure that land use around the air station is compatible to aircraft noise, as well as to the potential for accidents, the United States Navy has adopted an AICUZ Program. Part of that program consists of the identification of areas around the station that potentially will be exposed to noise levels determined as a day-night average of the sound at that location during a 24 hour period, even though there could be single noise events in excess of the average. Since one the primary flight paths for NAS Oceana passes through the northern part of the Resort Area, the Resort Area is affected by the AICUZ as shown on the map to the right. In May, 2005, after a lengthy but productive planning process involving the United State Navy and the Cities of Chesapeake and Norfolk, a Joint Land Use Study (JLUS) was produced. The JLUS recognizes the importance of the Resort Area to the City of Virginia Beach and the need to ensure that growth at the Resort Area does not become a hindrance to the ability of NAS Oceana to fulfill its mission. The primary JLUS policy statement relating to the Resort Area notes that The total number of residential units will not exceed the aggregate number of units allowed under current zoning. The City will endeavor to work with all stakeholders to reduce the number of residential units significantly below that number through zoning ordinance amendments (JLUS, p. 5-21 ). This Resort Area Concept Plan strives to adhere to that policy by recommending a pattern of development for th Resort Area that is sensitive to and compatible to the Navy's AICUZ Program while also providing opportunitie for the area to fulfill its potential as a First Class Resort. Finally, experience and observation in the years since t adoption of the 1994 Plan, particularly in the last few years, reveal that the following issues are significant realities that we must face as we strive to move the Oceanfront toward being a First Class Resort. Some of these are difficult to acknowledge, but we must acknowledge them and either address them or come to some level of accommodation with them. If we do not, th goal of being a First Class Resort will be difficult if not impossible to achieve. The Resort Area lacks a 'sense of place' - it possesses only a sense of sameness. Many of the buildings are indistinct, unremarkable, and appear obsolete. With a few notable exceptions, there is a significant shortage of quality hotel rooms, quality retail, quality restaurants, and quality entertainment opportunities. The area is pedestrian unfriendly and visually monotonous. Within a three-block walk on Atlantic Avenue, one has seen about all there i to see. Sometimes, even the names of the businesses Oceanfront Reson Area Plan November 2005 Page 8 not even change. And if one ventures westward, there are no attractions and sometimes, no sidewalks. The Oceanfront Resort Area possesses little appeal to the average city resident. Many view it as too hard to get to, too hard to move around in, too difficult to park their vehicle in, unsafe at times, and lacking in attractions for them. The Resort Strip and the adjoining neighborhoods to the north and west work against one another's interests, not in support of them. The Resort Area is seasonal. There are not enough year-round residents present to sustain activity in the winter months. Additionally, the retail that exists is largely one-dimensional, and lacks the quality that would come from a 12-month revenue base. For a variety of reasons, there appears to be a strong affinity for the status quo among many of the business leaders in the Resort Area. There is evidence, based on the past few years of development proposals for property within the Oceanfront Resort Area, that the zoning regulations for the Oceanfront Resort Area are in need of revision. The proposals reveal that market trends and the demand for all types of development, both residential and non-residential, have evolved beyond the ability of the zoning ordinance to successfully accommodate them. Recent strategic planning for the Oceanfront Resort Area, as well as neighborhood and sub- area planning efforts (such as that for the Old Beach neighborhood and the Resort Center [Old Beach District]), identify the need to revise zoning ordinance provisions to allow for land uses and urban design consistent with the goals and objectives for the Oceanfront Resort Area. Although the Oceanfront Resort Area is primed for fresh development and redevelopment, including selective intensification in certain areas, the infrastructure (water, sewer, and drainage) is inherited from the bungalow and cottage days of more than a half. century ago. In order to prepare the area for new development, the infrastructure systems must be evaluated and upgraded where necessary. Atlantic Avenue's function as a roadway is inefficient. While a congested roadway in near- gridlock is in many ways an icon of the Oceanfront, that situation is contrary to standard origin- destination traffic conditions. Many of the roadway user: have no destination - they are not really going anywhe/i They are there to see and be seen, frustrating drivers who do have a destination, whether it is a hotel or a restaurant. There are at least three groups of users (pass-through, cruisers, venue-oriented) that work Oceanfront Reson Area Plan November 2005 Page 9 against each other's interests. Except for Birdneck Road on the periphery of the area, there is no viable alternative to Pacific A venue for north-south pass-through traffic. A critical issue related to parking at the Resort Area is the amount of parking contained in surface lots, particularly between Atlantic and Pacific A venues. A very high percentage of the land area between the Boardwalk and Pacific A venue (approximately 37 percent) is devoted to surface parking. At a conservative land cost of $60 per square foot, a single parking space takes up $21,000 in land, whereas a multilevel parking structure can be built for approximately $12,000 to $15,000. Taken together, there is about $200 Million worth of property in this area devoted to a single use - surface parking lots. The lack of a comprehensive parking plan has resulted in a system where parking is provided generally where the private sector chooses not to develop, instead of where the public needs it. The desire of people to park their vehicles at or in close proximity to their intended destination (decentralized parking lots) stands in contrast to the goal of developing centralized parking at Resort Area gateways. A frequent, efficient transit system is thus l critical for meeting the goal of centralized parking. NO Iceanfronl Reson Area Plan November 2005 Page 10 Planning Goals To move the Oceanfront Resort Area from the current reality as expressed above to our desired destination as a First Class Resort, we must continue to rely on an effective overall development strategy based on a set of clearly defined goals. Doing so will ensure that everyone involved in this process, in both the public and private sector, is heading in the same direction. The following statements, which consist of four characteristics that a First Class Resort must have and towards which we must strive to attain, establish the Planning Goals for the Oceanfront Resort Area. If these goals are used as primary components for decision-making in both the public and the private sector, we will successfully address the issues presented above and will have achieved the transformation of the Oceanfront Resort Area to a First Class Resort. GOAL: We must establish and encouraQe Quality Venues and Events in the Oceanfront Resort Area T~ese venues and events must build on a family- onented theme and create the desire to return for those who experience them. Collectively, they should help create the memorable image of the Oceanfront Resort Area as a place where there is quality entertainment in addition to the beach, and where it is safe to visit and enjoy them at all times. GOAL: We must establish and encouraQe Quality Businesses in the Oceanfront Resort Area. These venues and events should also be attractive to the residents of the city and create fo them a reason to visit the Resort Area and to return. The Resort Area should include a variety of retail opportunities, including upscale opportunities tha take full advantage of the purchasing power of th visitors that already come to the Oceanfront, and of the area residents, both now and in the future. These shopping opportunities are in a different setting than at the Town Center or other potential rivals and should create for the visitor a reason to return to the Resort Area. These businesses should create a draw all year long and not just in the summer months. GOAL: We must provide Quality Physical SurroundinQs in the Oceanfront Resort Area and inteQrate the natural environment into resort plans. The physical surroundings of the Oceanfront Resort Area should be pleasing and should also work efficiently. There should be distinctive and memorable buildings, as opposed to the current sea of sameness. The Oceanfront should take ful advantage of its natural setting, including the ocean, Rudee Inlet, and the inland waterways. 8eeantronl Reson Area Plan November 2885 Page 11 There should be a feeling of safety for people who walk the street, and the pedestrian experience should be a pleasure for walkers. The quality of the hotels should be such as to encourage a positive memory of Virginia Beach and sufficient to host and support the convention industry and a wide variety of quality events. The infrastructure should be adequate to support these upgrades. GOAL: The Oceanfront Resort Area must have a Year Round Character This characteristic is both an end in itself and a means to achieve the other characteristics listed above. By diversifying the array of attractions in the Oceanfront Resort Area, the area builds upon, yet is somewhat independent of, the allure of the beach. A year round entity generates more tax revenue, allows higher quality enterprises to locate there, and allows all to benefit. Additionally, a greater number of residents living at the Oceanfront every month of the year furthers this even more. Planning Objectives To implement the goals presented above, the following objectives must be achieved. These objectives have a great deal of overlap among them, and when taken OBJECTIVE: Diversify the Attractions of the Resort Area together constitute those ideas and actions that will best advance the goals for the Oceanfront. The area will thrive when more people have mor reasons to be there. The area must have greater appeal to the Virginia Beach resident, which means greater ease of access, greater ability to conveniently park, and greater quality attractions. In addition, continued adherence to a family orientation in the nature of the attraction is critical to success. OBJECTIVE: Reoraanize Parkina Concepts for the Resort Area There are currently available for public use in the Oceanfront about 2700 parking spaces, under a mixture of both public sector and private sector control. The availability and number of public parking spaces should be increased significantly. The best place to locate these additional spaces i in or near the gateways to the oceanfront, to maximize efficiency. Public parking located awa from the gateways is less desirable. The onsite parking located between the Boardwalk and Atlantic Avenue and between Atlantic and Pacific avenues is excessive and, worse, is often at grad rather than decked, which represents a misuse of Oceanfront Reson Area Plan November 2005 Page 12 valuable land and diminishes the area's pedestrian qualities. Offsite parking in decked facilities away from this critical area should be encouraged. Parking decks should be properly designed, ideally wrapped with retail at the base, and adequately landscaped. At any given time during the peak months of the year there are several thousand employees of Oceanfront businesses. Many of these are from outside the area and occupy many of the spaces made available for the public. An employee parking program, if implemented properly, would alleviate demand on these spaces and be an asset for all affected parties. Due to a lack of available parking for public purposes, the streets of adjacent neighborhoods have served, to their detriment, as overflow parking areas for oceanfront visitors. Accordingly, continued attention should be given to properly controlling on-street parking in neighborhoods adjacent to the resort area. OBJECTIVE: Encouraae a areater year-round residential presence in the Oceanfront There are not enough people living twelve months of the year in the Oceanfront Resort Area to support the goals outlined here, and the year- round population must be increased. An additional 3,000 to 5,000 units will help in many ways. There is a clear need for significant additional private sector investment in the Oceanfront, and residential development is an effective method for attracting that investment, a is the best available method for private sector removal or upgrade of marginal properties, of which there are many. Such development must, of course, be in compliance with the comprehensive plan-well designed, at reasonable density, and properly located. A very likely location for such residential development is in the area between Atlantic and Pacific avenues, where it can be combined with other appropriate land uses to help positively change the character of this area. An important consideration is that such development must be in accord with the basic principles of the recently approved Joint Land Use Study developed in cooperation with, among others, the U.S. Navy. OBJECTIVE: Encouraae a better commercial mix Study after study has indicated that area businesses and the city's economy in general would be better served if visitors had more and better venues at which to spend their money. Th type of higher quality commercial enterprise sought will find it difficult to profitably operate based upon seasonal presence. A more sizable year-round population in the area will support a higher quality retail element. In addition, it will allow retail operators to respond to market demand from both visitors and permanent Oceanlront Reson Area Plan November 2005 Page 13 residents simultaneously, to in essence merge the markets, which will be to the benefit of all. OBJECTIVE: Implement the Old Beach District Center Plan This plan, prepared by Skidmore, Owings and Merrill, represents the most effective way to leverage the city's investment in the new convention center, revitalize a critical but fragile area of the city, and create a first class pedestrian connection between the convention center and the oceanfront. The implementation of this plan will take a generation to accomplish. It includes improving 19th Street itself; developing the city- owned Dome Site into a quality entertainment complex with supporting compatible uses; developing a city park along 19th Street as a valuable and important gathering place and catalyst for improvement; building a pedestrian connector to the Boardwalk; upgrading the land use along 19th Street to maximize its value and compatibility with this urban design, expanding and modernizing the infrastructure of the area, which today consists in part of a 1920's-era drainage system, and eventually upgrading and improving 17th Street as a traffic carrying arterial. It includes as well the appropriate development of the city-owned parcel at Birdneck and 19th Street. OBJECTIVE: Support the continued uPQrade of the hotel product Based at least in part on past public investment, the private sector in the Oceanfront has responded admirably with a much-needed steady quality upgrade of the hotel product in the Oceanfront. Hotels that are larger, better designed, offering a wider array of services, manage parking better (ideally in garages wrapped with complementary retail) and which relate positively to both Atlantic Avenue, the side streets and the Boardwalk represent a trend that should be encouraged to continue. OBJECTIVE: Ease circulation problems Circulation problems are a primary deterrent to visitors from other parts of the city enjoying the amenities of the Oceanfront. Among all the other functions and activities associated with the Oceanfront Resort Area, it also serves as a connecting link between North Virginia Beach an the General Booth Boulevard corridor. This factor adds many unnecessary additional trips to congested roadways. The development of Birdneck Road and Laskin Road will give motoris a viable alternative connection, allowing Pacific Avenue to stay free from this unnecessary impac The improvement of gateways into the area, specifically at Laskin Road, 17th Street, and Oceanfront Reson Area Plan November 2005 Page 14 Norfolk Avenue, will help visitors move directly to their desired location without unnecessarily congesting the roads. Similarly, additional public parking should be located at these gateways, thus avoiding the necessity of visitors cruising about in search of elusive parking spaces. Serving these gateways and parking locations with a quality transit system is a huge step in freeing the Oceanfront from the grip of the automobile. important. With the high level of activity occurrin nearby, residents of these neighborhoods must feel safe in their homes. Finally, parking program such as the Residential Permit Parking Program are essential to insulate the neighborhood residents from the negative effects of spillover parking from the resort area onto the neighborhood streets. OBJECTIVE: Strenathen our neiahborhoods Residential presence in the form of healthy neighborhoods is now and will always be a critical part of our strategy for quality in the Resort Area. Much of the current residential presence is in the form of older single-family and duplex residences clustered in the Old Beach, Lakewood and Shadowlawn neighborhoods. Some of these properties have been well kept over the years and some have not; so, there is a need to continue to encourage private sector reinvestment. Similarly, public reinvestment in infrastructure in these neighborhoods, as with the Old Beach drainage issues, is a positive step toward solidifying the quality and values in these neighborhoods. While rebuilding is important, it is equally important that what is built is at a scale and character compatible with the unique areas of the oceanfront, and so design guidelines to shape and steer future development will be critical. Safety, too, is most Oceanfront Reson Area Plan November 2005 Page 15 This section of the Oceanfront Resort Area Plan provides recommended actions for various Subareas within the Resort Area that are critical to the success of our achieving the Planning Goals and Objectives that concluded the previous section of the plan (see the map on the following Bikeway and open space adjacent to the Boardwalk at an intersection with a connector to Atlantic Avenue. page for a depiction of the Subareas). The recommended actions respond to the issues presented in the Current Reality portion of the previous section of this plan as well as issues presented below for each Subarea. These recommended actions are critical to ensuring tha all of our actions are integrated and based on a commo vision. Failure to consider the recommendations will work against the efforts to move the Oceanfront to First Class Resort status. SUBAREA 'A' Reson Strip (Boardwalk, Atlantic Avenu and Pacific Avenuel Issues: The following issues are specific to this Subarea and supplement the issues presented in the Current Reality portion of the previous section of this plan. ~ ::~i~~ :':~::Oc':~i::~~~~~ ~::;~~~enue i the pnnclpallocal roadway serving the Resort Oceanfront Reson Area Plan November 2005 Page 16 Oceanfront Reson Area Plan November 2005 Page 11 Strip's concentration of hotels, businesses and other attractions. It was neither designed for nor can it effectively handle continuous and heavy automobile traffic. However, it functions in this way during the tourist season, in large part, because of the presence of scattered parking lots serving individual lots. ~ Atlantic Avenue's function as a roadway is ~ inefficient. While a congested roadway in near- gridlock is in many ways an icon of the Oceanfront, that situation is contrary to standard origin- destination traffic conditions. Many of the roadway users have no destination - they are not really going anywhere. They are there to see and be seen, frustrating drivers who do have a destination, whether it is a hotel or a restaurant. There are at least three groups of users (pass-through, cruisers, venue-oriented) that work against each other's interests. *~ Pacific Avenue is the Resort Area's main ..i thoroughfare, linking adjacent arterial roadways to the north and south. However, this facility does not move as much traffic as it could because of the high number of access points along it and impediment provided by key intersections in need of improvement. The roadway also serves as an important transition corridor between the resort commercial uses to the east and residential uses to the west. Finally, even though it is the Resort Area's main thoroughfare, the roadway does not meet the aesthetic standards typically associated with a high quality beach resort. Aerial view of the Resort Strip from approximately 1 ih Street bottom to 21st Street at the top. Note the one-story buildings between Atlantic and Pacific Avenues. In particular, note the amount of the area devoted to surface parking lots. Oceanlront Reson Area Plan November 2005 Page 18 ~~ The Boardwalk serves its primary function as a .1-7<' beachfront pedestrian and bikeway facility. The recent improvements to the Boardwalk have been instrumental in enhancing that function, by providing the opportunity to move more people and conduct more events, while significantly increasing the aesthetic value of the beachfront. Recommended Actions: The following recommended actions are provided as a means of integrating this area with the other Subareas in the Resort Area and of developing the area consistent with the Planning Goals for the Oceanfront Resort Area. Utilize land use, parking, and other related policies affecting Atlantic Avenue to gradually reduce auto trips and increase transit ridership, pedestrian movement and the economic development potential of all property along this corridor. Pacific Avenue must be functionally and aesthetically improved. Key intersections, at 1 ih, 19th, 21 st, 22nd, 30th, and 31 st Streets, need to be upgraded. New and existing access points should be consolidated. One northbound and one southbound through-lane, free of any right or left turn movements, should be provided along Pacific Avenue between the Rudee Inlet Bridge and 31st Street. Pacific Avenue should also be aesthetically improved to include new landscaping, removal of overhead utility lines, and installation of enhanced paving and public signage. land within the blocks between Atlantic and Pacific Avenues that is currently under- developed, being used for surface parking lots or one-story, single-use buildings, should be redeveloped to a higher quality purposes. Such purposes include multi-story, mixed-use buildings with integrated parking structures. Residential dwellings are encouraged as part of the mixture of uses. Buildings of this nature, designed to First Class Resort level, will provide visual interest along Atlantic and Pacific Avenues, replacing the 'sea of sameness' noted in the previous section of this plan. Additionally, a mixture of uses within these buildings will encourage more pedestrian activity since necessary services will be in close proximity and, if residential use is included in the building, will increase the year-round population within the Resort Strip. Oceanfront Reson Area Plan November 2005 Page 19 SUBAREAS .B' and .F' Rudee loop and Winston Salem Avenue (South End of Resort Strip) Issues: The following issues are specific to this Subarea and supplement the issues presented in the Current Reality portion of the previous section of this plan. '*? These Subareas include the Rudee Loop, an J7<" area encompassing the Atlantic Avenue · ... ~ turnaround from 5" Street to the Rudee Inlet, and the Winston Salem Avenue corridor east of Mediterranean Avenue. These areas, and more particularly, the waters of Rudee Inlet, define the southern limit of the Resort Strip. In contrast to a mix of some well-established restaurants, high-rise condominiums, and hotels, a considerable amount of public and private property within this area remains underutilized. The absence of a coordinated plan of development and the fact that there are many small parcels under separate ownership have had a significant influence on the evolution of land use in this area. Consequently, new development and reuse of property have resulted in a fragmented and disjointed pattern of development, thus constraining the area's full economic development potential. The Rudee Inlet Bridge is a substantial visual and physical barrier between Rudee Loop and the Winston Salem Corridor. While the bridge's action as a barrier imposes certain land use and transportation challenges for linking the Subareas, opportunities still exist for Rudee Loop and the Winston Salem Avenue areas to serve mutually supportive roles. The shoreline south of Winston Salem Avenue, showing the mix of residential development on shore and marinas and other water- dependent uses off-shore. Dceanfronl Reson Area Plan November 2005 Page 20 ~ Pedestrians and bicyclists have difficulty moving ~ between the Rudee Loop Subarea and the Winston Salem Avenue Subarea because this portion of the Resort Area lacks a trail system that is convenient and attractive. ~.... The Winston Salem Subarea between ""*' Mediterranean and Pacific Avenues is a mix of old and new development, one that poses a number of land use challenges and opportunities. Winston Salem Avenue is a roadway that defines the existing land use character of this area. A string of single- family dwellings that were originally built as part of the Shadowlawn neighborhood are located on the north side of this road. However, over time, the developmental evolution on the south side of Winston Salem Avenue transformed the waterfront area in a way that contrasts sharply with the low density character of Shadowlawn. Most of this land is occupied by mid-rise residential, intensive commercial uses and commercial parking lots. In this instance, the challenge is to turn this many faceted corridor into a coherent pattern of resort based land uses, providing a desirable and accessible resort destination, while avoiding an intrusion upon the stable Shadowlawn neighborhood. Recommended Actions: The following recommended actions are provided as a means of integrating these areas with the other Subareas in the Resort Area and of developing the area consisten with the Planning Goals for the Oceanfront Resort Area. Rudee Loop offers a premier development site with a potential of 9.8 acres for development. In contrast to a mix of some established restaurants, hi-rise condominiums and hotels, a considerable amount of public and private The existing low-intensity land uses at Rudee Loop. property within this area remains underutilized. A charette, a design workshop involving the public, was held with various citizens and officials from the City in order to identify opportunities and constraints of the site Oceanfront Reson Area Plan November 2005 Page 21 as well as to develop the range of activities and uses desired by the public for the site. This effort generated a series of goals that are cited here as recommended actions of this plan: o The site should support and create opportunities for year-round use to serve area residents as well as resort visitors. The site must be considered in the context of the entire oceanfront and surrounding neighborhoods. The program for the site should identify the unique uses that are most appropriate for this site within the context of all resort area plan development opportunities and open space. One of the possible development concepts generated for Rudee Loop. o Proposed designs should respect and take advantage of the multiple frontage offered by Rudee Inlet, views of lake Wesley, and the beach. The water frontage on three sides is a dynamic and unique characteristic of the site. o The City must encourage improvement of the water frontage and currently underutilized Ian on the south side of Rudee Inlet and along lake Wesley to complement the uses of Rude loop. o The site should have a significant component of public open space use. This space should b purposeful and should include retention of specia activities, including the surfing area. The unique open visibility of and access to the beachfront an to Rudee Inlet should be retained and enhanced. Open views at the southern terminus of Atlantic Avenue and the Boardwalk are essential to take advantage of the site. o Development areas of the site should be interior, should include public parking, and should be uses compatible with the public park use areas. o The area should include distinctive and high caliber resort-oriented uses and public space exhibiting exceptional design elements. Oceanfront Reson Area Plan November 2005 Page 22 The principal uses in the Winston Salem Avenue Subarea should be resort based commercial activities that work around the existing mid-rise residential development. Marine based uses are particularly appropriate for this area. The planned land use intensity should orient more intensive development to the south, away from the Shadowlawn neighborhood that is located adjacent to and north of this area. Low intensity commercial activities or attractively landscaped surface parking areas, well-screened from the Shadowlawn neighborhood to ensure excellent compatibility, are appropriate for properties along the north side of Winston Salem Avenue. To directly link these subareas into the Resort Strip, the Winston Salem Avenue Subarea and Rudee Loop should be connected by a well designed walkway that acts as an extension of the Boardwalk, running along Rudee Inlet and then west under the bridge and then along Winston Salem Avenue. Capital Improvement Program (CIP) Project 9-058 calls for accomplishing this through two phases. Phase I of this project would construct a 20-foot pedestrian walkway/bikeway from the south-end of the boardwalk, pass under the Rudee Inlet Bridge, and stop at Winston-Salem Avenue. Phase II will construct streetscape improvements along the south-side of Winston-Salem Avenue, linking restaurants, condominiums, and the fishing center to public land on the "Loop" and on the north jetty. The Phase II construction will include pedestrian lighting, benches, street trees and other plantings, and signage consistent with that incorporated in other streetscape projects. The construction of this CIP Project is linked to the development of Rudee Loop similar to the recommended development concept described above. SUBAREA 'C' Laskin Road Gatewav Issues: The following issues are specific to this Subarea and supplement the issues presented in the Current Reality portion of the previous section of this plan. ~.............."'.............. This Subarea, located along Laskin Road from JT<' Little Neck Creek to Pacific Avenue and alon~ portions of Baltic Avenue, 29th Street, and 30 Street, consists of a mix of commercial uses, most of which are small shops and restaurants. Tracts of undeveloped or underutilized land are located within the area, offering significant opportunities for the development of a major resort based activity center. Oceanfronl Reson Area Plan November 2005 Page 23 ~... ................~...." Laskin Road is the northernmost of five ..(.. Important east-west roadways accessing the Oceanfront's hotel and commercial areas. It provides many visitors with their first impression of the Resort Area and established the kind of quality that may be expected throughout the Oceanfront Resort Area. Therefore, it is vitally important that development in and around this corridor be consistent with the Planning Goals presented earlier in this plan. ~...............;~. Stable residential areas are located to ~ the north and south of this Subarea. It is vital that good transitions be provided between these residential areas and the more intense development anticipated for the Laskin Road Gateway. ~lio'" Land use intensification and aesthetic ~ enhancement of the Laskin Road Gateway is · " .::-T complicated by the vestiges of a mid-20th Century land us~ and traffic pattern along Laskin Road. Single- story, smgle-use commercial buildings are set back from Laskin Road with parking between the buildings and the roadway. The parking is arranged such that vehicles back directly back onto a four-lane major arterial. While this arrangement may have been appropriate to a previous era of resort development, it is not appropriate to the current resort environment nor to the goals North si Road, s shops 10 one-sto style stru parking directly arterial h expressed by this or the 1994 plan. Many of the shops, however, are some of the most unique in the Resort Area, and some serve the permanent population in the surrounding area. Retaining and enhancing these businesses as part of the redevelopment of this area is critical. Recommended Actions: The following recommended actions are provided as a means of integrating these areas with the other Subare in the Resort Area and of developing the area consisten with the Planning Goals for the Oceanfront Resort Area. Oceanfronl Reson Area Plan November 2005 Page 24 The Laskin Road Gateway Subarea should be improved so that it accomplishes the following three objectives. First, Laskin Road, 30th Street, and 31st Street must be able to move high volumes of traffic destined for the Resort Strip, and in particular, for the 30th Street Parking Garage, which serves as an interface between parking, transit, and walking. Second, the streetscapes on these roadways must afford safe, pleasant, and convenient pedestrian access between Baltic Avenue and the Boardwalk while also providing an enhanced shopping experience for those pedestrians through the use of interesting storefront displays, cafes, and similar activities. Finally, all improvements along this corridor must exhibit exceptional design quality, as expressed in the Laskin Road Gateway Design Guidelines. To accomplish the first objective, the recommendations of the Laskin Road Gateway Design Guidelines should be adhered to, particularly in regard to limiting vehicular access points along Laskin Road and 30th Street. Conveniently located parking facilities, integrated into the buildings, should replace all on-street and direct-access parking, such as those currently along Laskin Road east of Baltic Avenue. The second objective can be accomplished by widening the storefront sidewalks on both sides of Laskin Road east of Baltic Avenue and by improving 30th Street to match the improvements on Laskin Road. The third objective can be achieved by designing eye-catching landscaping and streetscape treatment along Laskin Road. Much of these recommendations are embodied in the design plans tha have been developed for roadway and streetscape improvements to this area as part of the Laskin Road Gateway Capital Improvement Program (CIP) Project 2- 076. This CIP Project, combined with the already adopted amendments to the City Zoning Ordinance for the RT-3(LRG) Laskin Road Gateway and the accompanying Design Guidelines, puts all of the ingredients in place to move this Subarea forward to being part of a First Class Resort. This area's role as a critical link in the Oceanfront Resort Area's trail system must be considered in all public and private development proposals. The Laskin Road Gateway is an important pedestrian and bicycle connection from the Boardwalk to the Beach Garden Park and eventually th Contemporary Arts Center via the Ocean Walk Trail. SUBAREA'D' Reson Center Issues: The following issues are specific to this Subarea and supplement the issues presented in the Current Reality portion of the previous section of this plan. Oceanfronl Reson Area Plan November 2005 paue 25 ....wp This Subarea possesses a unique and important -.:>T<' position in the Oceanfront Resort Area, mainly because it serves as the corridor that directly links the new Convention Center and the site formerly occupied by the Dome at Pacific Avenue. The area stretches from the northern side of 22nd Street on the north to southern side of 17th Street on the south and from Pacific Avenue on the east to Birdneck Road on the west. Land use in the corridor ranges from residential to commercial and lacks cohesiveness - meaning the various uses do not complement each other well and do not contribute to the a uniform appearance. The northern edge of the Subarea is defined by one of, if not the, primary entrance to and exit from the Oceanfront Resort Area - 21 st and 22nd Streets. These roadways and their adjoining land uses provide the first and last impressions of the Resort Area. The overall urban design of the roadways and the area around them cannot be overemphasized. * Both 21st Street and 22nd Streets act as funnels for automobile traffic leaving and entering the Oceanfront. While the land use along the corridor is primarily low to mid-density residential, which is typically associated with low vehicle speed on adjoining streets, the tendency of vehicles, due to the role of the roadway, is for the speed to be high and in excess of what is posted as the limit. Just as with 19th Street, the 21 st/22nd Streets corridor provides a connection between the Convention Center and the Resort Strip. However, just as is true at 19th Street, the land use and general urban design character of the corridor does not encourage a pedestrian to utilize the streets to move from one end to the other. The capability of the corridor to act as a pedestrian environment provides opportuniti for improving the aesthetics of the areas and to reinforc the potential of the streets to be a unique avenue throug the Oceanfront Resort Area. ....w......... <~ The Virginia Beach Boulevard /171h Street -.:>T<' corridor at the southern edge of the Resort Center Subarea can be described as not only being a chaotic urban environment but also the least attractive entrance or exit to the Oceanfront Resort Area Land uses along this corridor include residential, small shops, restaurants, automobile sales, and vacant buildings. ....wp The result of this land use pattern has been an ~ overall sense of deterioration, because there is no clear direction as to the future of the corridor. There has been very little private investment in new construction within this corridor. Oceanfront Reson Area Plan November 2005 Page 26 The view to the west upon leaving the Resort Strip along Virginia Beach Boulevard / 1 t Street - the southern edge of the Resort Center Subarea. ~~ The urban design of the corridor has JlT<' disintegrated, and aesthetically, the result has been one of the most unattractive roadway corridors in the city. From a city image perspective, the condition of the corridor in need of substantial upgrading due to the fact that one, it is a primary entrance to the Resort Area and two, it bears the name of the city itself - Virginia Beach Boulevard. Recommended Actions: The following recommended actions are provided as a means of integrating these areas with the other Subare in the Resort Area and of developing the area consisten with the Planning Goals for the Oceanfront Resort Area. ~ On January 11, 2004, the City Council approve a plan for this Subarea, entitled Virginia Beach: Creating An Old Beach District Center. The plan provide definitive guidance for the Resort Center Subarea by outlining a range of useful planning and design guidelin focusing on the central area of the oceanfront resort. Th plan arose from the design efforts for the new Virginia ~each Convention Center. Given the significant public Investment programmed as part of this project, the City contracted Skidmore Owings & Merrill to prepare design land use, open space and transportation recommendations for the general area surrounding the proposed Convention Center. It is important that the improvements in this area reflect a level of quality commensurate with this world-class convention facility. The plan assesses existing conditions in the resort area, evaluates the development goals of the City, and presents planning actions to assist in meeting those goals. Virginia Beach: Creating an Old Beach District Center embodies the following six 'Development Principles': Oceanfront Reson Area Plan November 2005 paue 27 1. Build a Landmark Convention Center, with supporting development and transportation initiatives, on the site currently occupied by the Pavilion. 2. Create a vibrant mixed-use District Center between the Convention Center and the beach. 3. Restore residential neighborhoods as great places to live. 4. Re-establish existing commercial corridors as great places to shop and work. 5. Create a world-class open space network that embraces the Beach's natural amenities. 6. Create a District of pedestrian-friendly streets. With the development of the Virginia Beach Convention Center, the City is embarking upon a key improvement to the City. Concurrent with that commitment is a commitment to ensure that the surrounding areas not only support the convention functions, but also provide a year-round family oriented Resort Area that is an asset to the City as a whole. The Creating An Old Beach District Center plan recommends 13 specific and inter-related efforts designed to revitalize this part of the Resort Area. These efforts, taken together, will help realize the vision of the vibrant, 'mixed-use center' for the Resort Area. This center will function as a year-round hub for beach activity, supporting both the convention center and the surrounding neighborhoods. ,$ 1'1 Some of the efforts recommended by the plan are as follows (numbers correspond to those on the map to the left): 1. New Convention Center - The design and construction of the Virginia Beach Convention Center is the key effort in the Resort Center's redevelopment. The successful completion of thi effort will be the genesis of many additional improvements to follow. 2. Entertainment Retail Component (North) and 3. Entertainment Retail Component (South) - Thi component will provide an eastern terminus of th Park Blocks and provide a year-round amenity an attraction for residents and conventioneers. This site and surrounding public property are large Oceanfront Reson Area Plan November 2005 Page 28 enough and centrally located to provide a prime development opportunity and an eastern anchor for the new Convention Center and 19th Street corridor. Consultants have identified this location as being prime for an Entertainment Retail component. These entertainment retail components will serve as a year-round attraction for residents and conventioneers. 4. 'Park Blocks' - Integrated as part of 19th Street is a grand promenade connecting pedestrians and bicyclist to the Convention Center and the Oceanfront. 5. Transit - The transit component of the Resort Center's redevelopment will be a critical link between the Convention Center, 19th Street, and the Resort Area hotels and businesses. 6. Mixed-Use District Core - A mix of commercial, residential and civic uses is recommended. 7. Civic Campus - A new library in the vicinity of the City's Beach Services Center helps create a complementary presence of public activities in this area. 8. New Neighborhood - Reclaim undervalued land to create a new neighborhood to strengthen the year-round residential core and add value to the community. 9. New Office District - This mixed-use commercial and office development will anchor the west end of the Resort Center and provide a gateway into the 17th Street Corridor. 10. Expanded Open Space Network - Create a trail system that is continuous and interconnected. 11 . District Streets - Clearly identify primary ('Great Streets'), secondary and residential street types and establish design guidelines. 12. Beach Parks - Expand, improve and add clear connection to the beach to enhance open-space and recreational amenities. 13. Atlantic I Pacific Corridor Improvements - Continued improvements to the quality of the pedestrian and shopping environment of the Atlantic/Pacific corridor will be an additional component of the District revitalization. The new convention center will provide a catalyst for the redevelopment of the 19th Street corridor. This area will be comprised of a vibrant mix of land uses, including residential, retail, and convention- related functions. The 19th Street corridor bisects a unique residential neighborhood and one of the prima goals is to create a plan that respects and enhances the character of the neighborhood, and complements the scale and massing of its current buildings. In addition a concerted effort should be made to preserve existing natural tree cover prevalent in the neighborhood. Oceanfronl Reson Area Plan November 2005 Page 29 The Old Beach District Center plan recommends development to be focused around a major park component to strengthen the desirability and image of the corridor. The major park component would provide a unique civic link for creation of a dynamic system of 'Park Blocks' ranging from 40 to 100 feet in width, connecting the convention center to the oceanfront. This corridor should transition future development activity and encourage attractive, pedestrian-oriented uses that complement a more pedestrian -oriented atmosphere. Virginia Beach Boulevard /17th Street is a commercial corridor that needs to be strengthened as a mixed-use corridor and re- established as a great place to shop, work and live. To achieve this goal, light industrial, storage and oth inappropriate land uses will need to be relocated to other areas of the city. A variety of public uses some 0 which already exist on 17th Street, will present a strong civic presence and an opportunity to create a civic campus atmosphere that could serve as a main entry to this corridor. The relocation of inappropriate land uses may also present opportunity for a new neighborhood and new office district that would work toward strengthening the year-round presence in the resort are New development and redevelopment along this corridor should be of a quality that builds on the planned quality of the 19th Street Corridor. An important factor for this corridor is its immediate proximit to a residential area, Lakewood, to its south. Planning and zoning provisions for this corridor, therefore, should ensure that development adjacent to lakewood / Pinewood is appropriate in height, scale and use. Development and redevelopment occurring along the northern edge of the Resort Cente Subarea must not negatively impact upon th Old Beach residential neighborhood through good landscape screening and development controls that address appropriate height, scale, and use. ~ Urban design along 21st Street and 22nd Street should emphasize a pedestrian scale and orientation. Existing front yards should remain as green and open spaces and sidewalks should be Oceantront Reson Area Plan November 2005 paue 30 widened and provided with pedestrian amenities (benches, pedestrian-level lighting, and traffic signal preference). The objective should be to create a 'high- activity greenway.' SUBAREA 'E' Residential Neighborhoods: Old Beach and lakewood/Pinewood Issues: The following issues are specific to this Subarea and supplement the issues presented in the Current Reality portion of the previous section of this plan. ~..,. Three stable residential neighborhoods exist ~ within the Oceanfront Resort Area. Two residential areas located south of Virginia Beach Boulevard 11 ih Street are LakewoodlPinewood (9th to 16th Streets) and Shadowlawn (Rudee Inlet and Lake Rudee to 19th Street). The third residential area, Old Beach, is located farther north between 22nd and 2ih Streets. ~lI-" Highways and other high traffic roadways have ~ fragmented what once were established residential neighborhoods and have transformed them into commercial corridors or areas where residential an commercial mixed uses are randomly distributed. The most notable example of this is the Resort Center Subarea where vestiges of a residential neighborhood framework can be found. Recommended Actions: The following recommended actions are provided as a means of integrating these areas with the other Subare in the Resort Area and of developing the area consisten with the Planning Goals for the Oceanfront Resort Area. Strongly discourage intrusion of unwanted resort or commercial uses into designated stable residential areas. Design guidelines and zoning ordinance provisions for the Resort Center, Resort Strip and the Laskin Road Gateway should ensure that development adjacent to Old Beach and LakewoodlPinewood is appropriately scaled and is of appropriate use. Develop plans and design guidelines for lakewood/Pinewood and Shadowlawn (revise existing) in conjunction with the residents and property owners in those neighborhoods. Amend the City Zoning Ordinance as appropriate to implement the recommendations of the plans and desig guidelines for each. Utilize as a model the planning Oceanfront Reson Area Plan November 2005 Page 31 process, design guidelines, and zoning revisions developed for the Old Beach neighborhood. Encourage a transformation in land use pattern for fragmented, unstable residential areas, particularly the area between Virginia Beach Boulevard / 1 ih Street and 22nd Street, identified by this plan as the Resort Center Subarea. Residential use in these areas should not be discouraged if it is part of an overall plan for the area, as with the Resort Center Subarea. Continue the enhancement of these neighborhoods through a continuation of infrastructure improvement efforts, such as This structure is an example of a new residential infil/ development designed to be compatible with the established neighborhood. SUBAREA '0' Gatewavs o CIP Project 7-145: Arctic/Baltic Avenue Drainage and Neighborhood Revitalization o CIP Project 7-016: South Lake Holly Watershed - Drainage Issues: The following issues are specific to this Subarea and supplement the issues presented in the Curre Reality portion of the previous section of this plan. There are seven primary points of 'arrival' and 'departure' for those visiting the Reso Area: o Rudee Inlet Bridge o Pacific Avenue o Laskin Road o 21 st and 22nd Streets o Birdneck Road and 19th Street o Virginia Beach Boulevard o Norfolk Avenue At present, there is little at each of the gateways that announce arrival or departure. One has no id that he or she has arrived or is leaving the Resort Area. Signage is limited to standard traffic control and Oceanfronl Reson Area Plan November 2005 Page 32 directional types. There are no distinguishing landscape treatments, public art, or other unique features. Recommended Actions: The following recommended actions are provided as a means of integrating these areas with the other Subareas in the Resort Area and of developing the area consistent with the Planning Goals for the Oceanfront Resort Area. A study of each gateway should be conducted, design alternatives developed, and a program for implementation of a selected alternative adopted. Each gateway treatment should include unique signage, enhanced special landscape treatments, and a memorable symbol identifying the Resort Area. Treatments should be provided for those entering, providing welcome to the Resort Area, and for those leaving, thanking them for their visit and encouraging their return. Oceanfront Reson Area Plan November 2005 paue 33 This section provides Recommended Actions designed to address the issues and current reality pertaining to parking, transit, urban design, open space, and infrastructure in the Oceanfront Resort Area. Providing guidance regarding these components of the Resort Area is critical to ensuring that the various Subarea recommendations presented in the previous section of this plan meet with success. PARKING AND TRANSIT Since the adoption of the 1994 Oceanfront Resort Area Concept Plan, progress has been made in providing centralized parking for the area and in connecting that parking with Resort Area destinations. Establishment of parking facilities at 25th Street, 31 st Street, and 9th Street have brought us closer to reducing the area's dependence on scattered and disjointed parking lots. Moreover, the addition of the trolley system and its continual enhancement has reduced the need for the automobile as the primary means of movement in the Resort Area. However, as noted in the Current Reality section of this plan, there remains a substantial amount of high value Resort Area property occupied by parking lots. There is no doubt that these lots provide a needed service for the Resort Area, but they are located on property that demands a better use, as evidenced by the high value of the properties, and the ability to integrate multiple lots into a transit system is extremely difficult. Implementation of Bus Rapid Transit (BRT) or some other enhanced transit system in coming years will provide greater opportunities to move people throughout the Resort Area and into the remainder of the city; however, until parking is better organized, its full potential to advance the Resort Area toward First Class Resort status will be impaired. Recommended Actions: The following recommended actions are provided as a means of providing direction regarding parking and transit consistent with the Planning Goals for the Oceanfront Resort Area. A Resort Area Parking and Transit Plan should be developed that outlines a comprehensive approach to parking where parking supply and demand are based on the collective needs of the Resort Area is necessary to fully realize the potential of the Oceanfront Resort Area. Additional central parking facilities and enhanced transit service is needed at strategic locations. The 31st Street Garage provides a good start to such a system of centralized facilities. Additional parking facilities should be located to conveniently serve motorists destined for the Resort Area. These facilities should be large enough to meet regular seasonal demand as well as demand associated with special events such as the Neptune Festival and the Boardwalk Art Show. Oceanfronl Reson Area Plan November 2005 paue 34 The small individual parking lots found throughout the Resort Area must be gradually removed. The function that these lots are currently performing must be replaced by a combination of the spaces in the centralized parking facilities and the transit system. One of the many individual surface parking lots found throughout the Resort Area Parking provided for new developments should be integrated into the development as part of the structure rather than as surface parking. URBAN DESIGN AND OPEN SPACE There have been some successes since 1994 in creatin new open space, trails, and ocean vistas: Norfolk Avenu Trail, Neptune's Park (31st Street), and Boardwalk improvements, for example. However, there remains much to be done to provide the open spaces, parks, trails, and 'great' boulevards associated with being a Fir Class Resort. Recommended Actions: The following recommended actions are provided as a means of providing direction regarding urban design an open space consistent with the Planning Goals for the Oceanfront Resort Area. The recommendations of the 2004 Bikeways and Trails Plan should form the 'backbone' the trails and open space system for the Oceanfront Resort Area. The map on the next page shows the recommended system for the area. The following points are instrumental in the development of trails in the Reso Area: o Seek to connect minor destinations, such as neighborhood parks, recreation centers, libraries, Oceanlront Resort Area Plan November 2005 Page 35 ~~illNTI .... S.celllll Trlils ~g\\'\ S\ '31\h S\ ~S\h S\ (dS\ Existing Palh Boardwalk . ... Proposed Path :\7\h S\ '\s~S\ 'I'3\h S\ '\'I\hS\ Parks Oceanfront Reson Area Plan November 2005 Page 36 schools, local and community commercial areas, and adjacent neighborhoods; o As roads are proposed or reconstructed, evaluate the feasibility and appropriateness of providing bicycle facilities; o During the evaluation of rezonings and development plans, look for opportunities to provide appropriate linkages; and o Coordinate with the School Board to provide safe bicycle and efficient pedestrian access to both new and existing schools. Take advantage of the natural resources within and adjacent to the Resort Area (Lake Holly, marshes of Little Neck Creek, etc.), particularly in terms of trails, open spaces, and vistas that provide opportunities for passive recreation and interpretive education regarding the resources. Consider development of an interpretive history trail through the Resort Area that explains the history of the Resort Area and its role in the history of the region, state and nation. Improve key street corridors in the Resort Area (see map, following), forming a system of "Great Streets." Such streets provide a balance of all components, vehicle travel lane pedestrian areas, landscape, buildings, lighting, signs, and amenities, so that street as a whole becomes a pia where people desire to be. In affect, while still serving th Newbury Street, in Boston - A "Gr< \", Oceanfront Reson Area Plan November 2005 Page 31 This street in San Francisco, while not a major traffic artery, possesses many of the design components that make a street 'great' as a public space. This space, in Walnut Creek, California, also possesses many of the design components that make a street 'great' as a public space - changes in paving materials, storefront interest, places for sitting, pedestrian-level lighting, trees, and public art through the form of the fountain. Oceanlront Reson Area Plan November 2005 paue 38 7th S\ \5~S\ :\3th S\ \\th S\ ffiROOIIID.illIl~_ 1....Si.. C.II..... * Proposed Gateway Treatment Boardwalk .. .. .. _ Proposed "Great Street" fit Proposed "Great Space" ff!!If Proposed Vista Enhancement ~... 0 Design Guideline Area .....", or Corridor , , 8c.anfronl R.son Ar.a Plan Nov.mb.r 2885 PaUl 39 function of moving vehicles from one point to another point, the street also serves as a public space of the highest order. We must strive to take the best design concepts from such Great Streets and integrate them into primary corridors in the Resort Area. For example, 19th Street, which connects the Convention Center with the Resort Strip, can and should, with physical improvements and changes in the land use regulations for surrounding property, be a Great Street. Guidance for such transformation is provided in Virginia Beach: Creating An Old Beach District Center. Develop design guidelines for residential neighborhoods, Resort Center, Resort Strip, and Laskin Road Gateway to ensure that new development and redevelopment are consistent with the vision of a First Class Resort, possessing quality in design and materials and being compatible to surrounding new development. INFRASTRUCTURE In order to carry out the recommendations of this plan and to achieve the goal of transforming the Oceanfront Resort Area to a First Class Resort, the transportation system, water system, sewer system, stormwater management system, and all other components of the area's infrastructure must be improved. As noted in the Current Reality section of this plan, much of the infrastructure in the Resort Area is from an earlier time when the Resort Area consisted of cottages and modes hotels. For development to proceed as envisioned by thi plan, the infrastructure system must be updated and enhanced. Much has already been accomplished since the adoptio of the 1994 Oceanfront Resort Area Concept Plan, as evidenced by efforts such as the Hurricane Protection Project and the initial stages of the Neighborhood Revitalization Project. Moreover, the vast majority of the Capital Improvement Program projects adopted in 2005 are oriented toward infrastructure improvements. The following projects will lay the foundation for the implementation of the recommendations of this plan. Capital Improvement Proaram Proiects (2005) (Letters Keyed to map, following) A 2-165/ Laskin Road Phase 11-- This project is fo construction of a six-lane divided highway with a bikeway from the eastern terminus of Laskin Roa Phase I (in the vicinity of Oriole Drive) to the proposed 30th/31st Street split within a 150' right-of-way, a distance of approximately 0.4 miles. A transportation corridor analysis is included, along with undergrounding of existing aerial utilities (Construction 9/06 - 5/07). Oceanfront Reson Area Plan November 2005 Page 40 ~l1lllIDIillIffiID _ '~9\" S\ ~1th S\ ","", .\l- --. a... . . ^' ~~fd S\ -:. . - ~'\S\ S\ -:. . 29th S\ ~ . 27th 5\ ~ . 25th S\ -:. 24th S\ ~p 221:\d S\ -:. 2'\$\S\ ~ . .v~\\'I 5\~ . '\7th st ~ . ,'\5~S\ ~ I"'" . ~\\'IS\ . . . . . . I, 9\\'1 S\ ~ 1,\. 1\" Si ~ . 5\\'15\ ':. . - . - !i:.iW1!Jt. INLET . ... .. caPillI 1"1""_ Pre.ram PreJectsl20l5l A B C 2-165/ Laskin Road Phase II 2-076/ Laskin Road Gateway 9-036/19lh Street Corridor Design and Improvements D 9-072/ Bus Rapid Transit E 9-0181 Convention Center Replacement F 9-3021 Rudee Loop Development Phase I G 9-0581 Rudee Walk Phase I H 5-710 &6-710 1 19th Street ConidorWater and Sewer Improvements I Resort Neighborhood Water, Sewer, and Stormwater Improvements J 8..(l08/ Beach Replenishment K 8..(l07 & 8-830 1 Rudee Inlet Dredging l 4-058/ Pacific Avenue Trail Extension Oceanfront Reson Area Plan November 2005 paue 41 2-076/ Laskin Road Gateway -- This project is B for construction of two three-lane roadways with a bikeway from the proposed 30th/31 st Street split to Atlantic Avenue within a 60 foot right-of-way, a distance of approximately 0.3 mile. The project's first work will be a transportation corridor analysis (linked with Phase II by VDOT) for mobility, aesthetics, parking, and streetscape treatments. This project will provide streetscape enhancements to include undergrounding the existing aerial utilities (Construction 9/06 - 5/07). 9-036/ 19th Street Corridor Design and C Improvements --This project is for the study, design, site acquisition, and construction of improvements in the 19th Street corridor, as outlined in the "Old Beach District Plan". Examples of potential improvements include: (1) a linear pedestrian plaza within the 19th Street corridor from Parks Avenue to Arctic Avenue that includes, but not limited to, a meandering path, pedestrian scale lighting, a central park, and extensive landscaping; (2) a stub street park located at the oceanfront and a four lane undivided roadway along 19th Street from Parks Avenue to Atlantic Avenue with streetscape amenities. Overhead utilities would be relocated underground within the project limits (Study only - no construction funded). o 9-076/ Bus Rapid Transit -- This project is to provide a technologically advanced transportation system designed to support the City's new convention center as well as the larger traveling public. This proposal specifically includes replacement vehicles, infrastructure improvements for new bus stops improved traffic signal technology, and some roadway improvements to support an expansion of the dedicated trolley lanes along Atlantic and/or Pacific Avenue. Other minor improvements include improved signage and fare collection systems. E 9-018/ Convention Center Replacement -- Thi project provides for the replacement and relocation of the existing Pavilion Convention Center on the same site. It will provide for approximatel 150,000 square feet of exhibition hall, 29,000 square fe of meeting rooms, and 31,000 square feet of ballroom space. The relocation of the facility will require the demolition of the current Pavilion Theater. (A separate project has been included in the CIP for the theater replacement.) The project includes: land acquisition on the south side of 19th Street for a total of 2,500 surface parking spaces; storm water retention facilities; other Convention Center ingress/egress streets; and a conceptual study for a connecting linkage to the oceanfront. 9-302/ Rudee Loop Development Phase I -- F This project provides for option agreements or funds for the actual purchase of property for mixed-use development at the south-end of the resort area. Oceanlront Reson Area Plan November 2005 paue 42 9-058/ Rudee Walk Phase 1-- Phase I of this G project will construct a 20-foot pedestrian walkway/bikeway from the south-end of the boardwalk, pass under the Rudee Inlet Bridge, and stop at Winston-Salem Avenue. Phase II will construct streetscape improvements along the south-side of Winston-Salem Avenue, linking restaurants, condominiums, and the fishing center to public land on the "Loop" and on the north jetty. The Phase II construction will include pedestrian lighting, benches, street trees and other plantings, and signage consistent with that incorporated in other streetscape projects. The project will complement the proposed Rudee Inlet Bridge Improvements and publicly-owned areas, and will assist in establishing a development strategy for the Rudee Loop area. 5-710 & 6-710/ 19th Street Corridor Water and H Sewer Improvements - This project is for construction of approximately 500 feet of 24" water main and for sanitary sewer replacement along 19th Street. Construction will be coordinated with project #9- 036 19th Street Corridor Design and Improvements 5-708, 6-019, 7-005, 7-016, and 7-145/ Resort Neighborhoods Revitalization - This project provides for construction of water mains and gravity sewer mains within the oceanfront resort area neighborhoods of Old Beach, Lakewood, and Shadowlawn. Proposed improvements will be coordinated with stormwater management projects #7- I 005 North Lake Holly Watershed, #7-016 South Lake Holly Watershed, and #7-145 Arctic-Baltic Avenue (construction 10/01 to 3/11 ). J 8-008/ Beach Replenishment - This project provides funding for the City's share of the three- year (estimated) cyclic beach replenishment and maintenance for the resort beach from Rudee Inlet to 89th Street. K 8-007 & 8-830/ Rudee Inlet Dredging - This project will utilize a contract dredge to create a deposition basin in the outer portion of Rudee Inlet. The basin will be maintenance-dredged on a biennial basis to reduce the effects of shoaling across th inlet mouth, which will improve navigation. Project 8-830 provides the City share of costs for the maintenance dredging of Rudee Inlet and connecting waterways by t Army Corps of Engineers. 4-058/ Pacific A venue Trail Extension -- The l proposed Pacific Avenue Trail Extension Project will connect the recently completed Norfolk Avenue Trail to the bike lanes along 5th Street, which provide direct access to the Oceanfront Boardwalk. The proposed trail extension will also provide a direct linkag to the existing shared use trail along the Rudee Inlet Bridge and General Booth Boulevard (construction 8/06 t01/08). Oceanfront Reson Area Plan November 2005 Page 43 Recommended Actions: The following recommended actions are provided as a means of providing direction regarding infrastructure consistent with the Planning Goals for the Oceanfront Resort Area. A comprehensive stormwater management study of the Resort Area should be conducted and the recommendations of the study should be implemented through a combination of Capital Improvement Program projects and private sector actions that accompany development projects. Improvements to the sewer and water system should continue as required to provide a modern system capable of supporting the level of development recommended by this plan. A series of Capital Improvement Program projects should be implemented for the streets and alleys in the Resort Area consistent with the recommendations of this plan. These projects would provide an upgraded transportation system while also enhancing the streetscape such that 'Great Streets' are created that feed into enhanced secondary streets through the neighborhoods. Oceanlront Reson Area Plan November 2005 Page 44 The possession of a plan means little without a strategy or outline of how the objectives of the plan are to be achieved. The achievement of the objectives is the method by which the goals of this plan and the vision of being a First Class Resort will be obtained. At its outset, this plan provided a description of the observed current reality for the Oceanfront Resort Area, including prominent issues that require attention. To address the current reality and prominent issues, Planning Goals for the Resort Area were established with the admonition that those goals should serve as'the basis for all actions taken by the public and private sector in order to move toward the overall goal of achieving First Class Resort status. In addition to the goals, the plan has provided a number of Recommended Actions related to the various Subareas within the Oceanfront Resort Area as well as areawide issues such as urban design and infrastructure. Implementation of these actions will occur through two principal methods: (1) in the course of development activity taken by the private sector in the Resort Area and (2) in the course of the actions taken by the public sector, whether by capital improvements, convention and tourism programming, or innovative financial enhancements. To ensure that the first method is successful and results in development that is consistent with the recommendations of this plan, modifications to the existing zoning regulations for much of the Resort Area will be necessary. It is the intent of this plan that those modifications will be forwarded to the City Council for adoption concurrent with the adoption of this plan or as soon thereafter as possible. Subsequent modifications to those regulations will no doubt be necessary in the future as the area continues to evolve and new sets of issues develop. Thus, this plan calls for a cycle of continual evaluation, planning, and implementation. To ensure that the second method of implementing this plan meets with success, an inter-departmental City team should be tasked with developing a strategy for fulfilling the plan's recommendations. The membership of the team should consist of all those departments who have a direct or indirect stake in activity at the Oceanfront Resort Area, and the work of the team should be closely coordinated with stakeholders in the Resort Area, such as the Resort Advisory Commission and the Hotel-Motel Association. Use of the recently formed First Class Resort Team for this purpose would be ideal and is highly recommended. Oceanfront Reson Area Plan November 2005 Page 45 1 2 3 4 AN ORDINANCE TO AMEND CHAPTER 4 OF THE COMPREHENSIVE PLAN, PERTAINING TO THE OCEANFRONT RESORT AREA 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 Comprehensi ve 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, day of December , 2005. 21 Virginia, on the 20th APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ ll..';. ,~ -9- Planning Department :u~J!.NJ City Attorney's Office CA-9825 OID/ordres/Ch 4 Comp Plan ord.doc R-l November 30, 2005 2 Page 134 "The Oceanfront Resort Area Concept 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 Concept 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 Concept 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 Concept Plan. The 31 st Street project objectives include. . . ." 2 CITY OF VIRGINIA BEACH 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 OPNA V Instruction 1l010.36B (December 19, 2002) (the "OPNA V Instruction"). The Ordinance renders existing uses non-conforming but not incompatible, and requires all new development or redevelopment to be consistent with the OPNA V Instruction. As an exception, the Ordinance allows incompatible uses or structures as a replacement ofthe same use or structure ifthe 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-l Use and Acquisition Plan." NONRESIDENTIAL Developed APZ-l - Use and Acquisition Plan Develop with compatible use Owner's choice. Already developed use is "not incompatible" and can remain, or owner can redevelop with a different compatible use. Rezone or grant conditional use permit ("CUP") for compatible use Owner's choice. Owner can initiate application for new compatible use. City will not initiate rezoning because owner has existing use and other allowable, compatible reasonable uses. Voluntary acquisition Eminent domain No. Owner has development options for compatible and reasonable use. City need not acquire. 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 acauired. Undeveloped No. There is no Yes. On case-by-case compatible use basis; depends on size, without rezoning! location and intended use CUP. of parcel. Either owner or City can initiate rezoning. "Qualifying Duplex Properties" No. APZ-I Ordinance prevents new residential development. No. APZ-I Ordinance prevents new residential development. 2 Yes. City will acquire for market value at the time of sale as if the APZ-I Ordinance prohibition of new development does not apply. No. Existing use as single- family home is "not incompatible" so City need not acquire. How each category of property will be affected: The following is a description of how each category of property will be treated under the Plan. NONRESIDENTIAL/COMMERCIAL - DEVELOPED . Retain Existing Use or Develop Consistent with the OPNA V 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 OPNA V 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. . V oluntarv 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 OPNA V 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 OPNA V 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. . V oluntarv 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 . V oluntarv 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. Affected 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 onlv 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 infill10ts 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 ofthe neighborhood. City to Pav Market Value Without Reflard 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-l, 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 Pav 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-l 1. Application. This program applies on1v 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 ofthe 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 Program. 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 ofthe 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 ofthe 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 party 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 OPNA V Instruction. 6 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 Propertv. 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 adj acent property, acquiring development rights only will be favored. Citv to Pav 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 OPNA V 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; provided, that the option, in the judgment of City Council, does not have an unduly adverse impact on adjacent properties. 7 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 OPNA V Instruction to uses compatible with the OPNA V 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 OPNA V 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 ofthe 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 OPNA V Instruction within APZ-1. The format of the report shall include an inventory of property within each classification under the Use and Acquisition Plan. Fundin2 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 8 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-l 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 9 December 15, 2005 Interfacility Traffic Area Property Acquisition Plan I. THE SUBJECT AREA This strategy applies to Interfacility Traffic Area (IT A), 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 IT A. 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 IT A, 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 IT A 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 IT A 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 IT A 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 3 . 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 oflocal 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. 4 It is recommended that a JLUS Acquisition Fund be established in the current FY2005-06 Operating Budget. Initial funding can be accomplished with the transfer of $3.7 million (the equivalent of one cent of the real estate tax) from the ARP fund. In subsequent years, one cent of the real estate tax can be dedicated annually to the JLUS Acquisition Fund to provide a reliable and ongoing source of funds. It is recommended that this dedicated revenue have a sunset provision of ten years, so that the program can be re-eva1uated at that time to determine if the need for its extension still exists. 5 MAP #1 INTERFACILITY TRAFFIC AREA .. Legend CJ CVtACUZZl)NI!S GREENLINE _ CITVPROPERTV / 1III INTI!IIPACILITY TIIAPPr; MEA ---~ In1!lrfacilityTre.ffic Area , ,'I'd "".'.:""...'V' '",l;:n:'.\I".1 :A'l.t) n ~M1t; Ii '';. "J; , \1 l'1~" ~ I lnterfacility Traf.fk Area and Acquisition Strategy MapZ December 14, 2005 w. S ;,.,.... / .. · \1 ''X.~..\> "Z" . ~. '. .~ NAB OCEANA NALF FENTRESS lEGEND ..J" e............. A,.. Bou.-" ,-/, AICUZ Noise ZOI'Ie!o .."'. IntJHhlllllty Traffic Antcl Green Lb/ Tran$idon Area Northern Boundary ,J'..... Transition lueMI Southern Boundary .............. Proposed Souttw.;,')h:"fll Pa'''Wd:)' Indian Riw'r Rood (if('('flway _ Gly-ownl!'l1Properl, o 0.5 2 3 Produced by the City of VOgIniB Besch P1snning Deparlmenl NOTE DISa.AIMER: THIS DOCUMENT IS INTENDED FOR GelERAl. PlANNING PURPOSES ONLY. ALL WARRANTIES, UCC AND OlliERWISE, EXPRESSEO OR IMPLIED, INCLUDING WARRANllES AS TO ACCURACY OF THE DATA SHOWN HERON AND MERCHANTABILIlY AND THE FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED AND ALL INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DATASHOWN ON THIS MAP ARE EXPRESSlY D1Sa.AlMED. ANY DETERMINATION OFTOPOGRAPHY OR CONTOURS, OR ANY DEPICTION OF PHYSICAl. IMPROIIEMENTS, PROPERTY LINES OR BOUNDARIES IS FOR GENERAL INFORMATION ONl. Y AND SHALL NOT BE USED FOR THE DESIGN, MODIFICATION, OR CONSTRUCTION OF 4 IMPROVEMENTS TO REAL PROPERTY OR FOR FLOOD PLAIN DETERMINATION- Miles W;lIte!" ;tnd Wetlanch A..... -, _. 1, TNldiltalsfl:J"plarr*tgpll'pOllHorty 2. Sottft::e&' -..-.... ~,. Parb &RecI88Ion Reel EsIaIa AI1I8llIOn Ofte cera. br GIS HIfnIllon RoadsPlwlbj;J DIIbt:lCom~ ~, ~4' '<.~ Inter/acUity Traflk Area and Acquisition Strategy Map 3 December 14, 2005 w. r .' ~,../ / fIT ) \/.... i~ . .'/I~i t" NAB OCEANA ;~~ - '"'1L~ NALF FENTRESS LEGEND .....J' Canse~ion A~.~ ~ AIOJ7NoiwJ(lI'\Pt; Inrcrtaditylraft'k:. Ne. Greoo Line/TraosoitioQA.re.tNuftb;fflBo~ ,,_./'-" TUlI~il)I'IAsw Soud1efIt~ ......._......f"roposedSOU~!fflPftrlcway Indi.vIRM!orRDad~Wi'ty .City-ownI!llPropt!tty w.>>r WId Wf!dIlntk o 0,5 2 3 Produced by the City orV"llinla Beech P18nning Departmenl NOTE DISCLAIMER: llflS DOCUMENT IS INTENDED FOR GENERAL PLANNING PURPOSES ONLY. ALL WARRANTlES, UCC AND OTHERWISE, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES AS TO ACCURACY OF THE DATA SHOWN HERON AND MERCHANTABILITY AND lHE FITNESS FOR A PAR'TlCULAR PURPOSE ARE EXPRESSLY DISCLAIMED ANt> ALlINClDENT AL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WI'TH THE USE OR PERFORMANCE OF THE DATA SHCMIN ON lHlS MAP ARE EXPRESSLY DISCLAIMED. MN DETERMINATION OF TOPOGRAPHY OR CONTOURS, OR ANY DEPICTION OF PHYSICAL IMPROVEMENTS, PROPERTY LINES OR BOUNDARIES IS FOR GENERAL INFORMATION ONl. Y ANt> SHALL NOT BE USED FOR lHE DESIGN, MOOIACATlON. OR CONSTRUCTION OF 4 IMPROVEMENTS TO REAL PROPERTY OR FOR FLOOD PLAIN DETERMINATION. Miles Agrk.ull:uriIIIRtietwPtogrM'l1 N.wyRfoor;1rktiwr~.. _.._and........,.. c.:.ldidil&E' MitigmorT ArIW~ _. 1_ TNl d81a" fer pIaIdIg pupoM8 cny 2. SoufC8tl.: ~dPBn"" ~"PBrb &RecmeIDn Reel Ea&aIe ~ 0Ik>> "",,","'GIS Hampton Roads PBmDtl 0tMrtct Contn'*etln MAP #4 INTERFACILITY TRAFFIC AREA ACQUISITION PRIORITY AREAS Priority 1 Open Space Project Greenways & Trails Legend c::J CWAlCUIZZONES _ CITYPROPERTY .111 IN'II!IIMCIU1'Y TlW'fC AIlII!A -. PIIO'OSEDOOUTHEASTERN'ARI.wAY ::: PROPOSED IND...N RWER ROAD OIlEENI/\/AY I Priority 1: Active Open Space Project- Recreation & Trails Priority 2: 70-75 D8 Noise Impact Areas Priority 3: 75 D8 Noise Impact Area and above; not in Open Space Project Area - 28- Item V-.K.2. PLANNING ITEM #54755 Reverend Tom Conant, 1405 Powder Ridge Court, Phone: 471-8886, represented the Church and its members and agreed to comply with appropriate sound attenuation measures. Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of CHRISTIAN CHAPEL ASSEMBLY OF GOD for a Conditional Use Permit re an expansion to their existing church: ORDINANCE UPON APPLICATION OF CHRISTIAN CHAPEL ASSEMBLY OF GOD FOR A CONDITIONAL USE PERMIT FOR A RE EXPANSION TO THEIR EXISTING CHURCH R0120534136 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Christian Chapel Assembly of God for a Conditional Use Permit for an expansion to the existing church on property located at 2751 Salem Road (GPINS 14834859920000; 14835900590000; 14835901080000; 14835992570000). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 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, which has been exhibited to City Council and is on file in the 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, which has been exhibited to City Council and is on file in the Planning Department 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 This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth of December, Two Thousand Five December 20,2005 - 29- Item V-L.2. PLANNING ITEM #54755 (Continued) Voting: 10-0 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, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A, Maddox December 20,2005 - 30- Item V-K.3. PLANNING ITEM # 54756 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED a Variance to 94.4 (b) of the Subdivision Ordinance to subdivide parcels into four (4) single-family dwellings that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for WILLIAM and WHITNEY WEST: 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 The following conditions shall be required: 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.e., dated, 04/20/05. Said plan has been exhibited to City Council and is on file in the 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. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance, Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth of December, Two Thousand Five Voting: 8-2 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Richard A, Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan and Mayor Meyera E. Oberndorf Council Members Abstaining: Vice Mayor Louis R, Jones Council Members Absent: None Vice Mayor Jones ABSTAINED on Item K,3.re William and Whitney West for a Variance to 94.4 (b) of the Subdivision Ordinance, Vice Mayor Jones is a member of the Board of Directors of Resource Bank and receives more than $10,000 annually in compensation as a member of the Board. Resource Bank has extended a line of credit to this applicant. Vice Mayor Jones disclosed this interest and abstained from discussion and vote on this item, December 20,2005 - 31 - Item V-.K.4 a/b PLANNING ITEM # 54757 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED Ordinances re incorporation of property into an adjacent single-family residential development upon application of INDIAN POINT, L.L. C. for a Conditional Change of Zoning and HOLLIS ROAD ASSOCIATES, L.L.C and INDIAN POINT, L.L.C.for a Modification of Proffers: ORDINANCE UPON APPLICATION OF INDIAN POINT, L.L. C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-1O TO CONDITIONAL R-1O WITH A PD-H2 OVERLAY DISTRICT Z012051236 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Indian Point, LL 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 ORDINANCE UPON APPLICATION OF HOLLIS R OAD ASSOCIATES, L.L. C. & INDIAN POINT, L.L.c. FOR A MODIFICATION OF PROFFERS FOR A REZONING APPROVED BY CITY COUNCIL ON DECEMBER 14, 2004. Z012051237 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Hollis Road Associates, L.L. C. & Indian Point, L.L. C. for a 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 The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. 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 homes sites and also shows the alternative access for the two (2) properties that currently use the private roadway. December 20,2005 - 32- Item V-K.4 a/b PLANNING ITEM # 54757 (Continued) These Ordinances shall be effective in accordance with Section 107 (j) of the Zoning Ordinance, Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth of December, Two Thousand Five Voting: 7-2 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt and James L. Wood Council Members Voting Nay: Mayor Meyera E. Oberndorf and Ron A, Villanueva Council Members Abstaining: Vice Mayor Louis R. Jones and Rosemary Wilson Council Members Absent: None Vice Mayor Jones ABSTAINED on Item K. 4.a/b re INDIAN POINT, L.L. C. for a ChanJ!e ofZoninJ! District Classification and HOLLIS ROAD ASSOCIATES, L.L. C. and INDIAN POINT, L.L. C. for a Modification of Proffers. Vice Mayor Jones is a member of the Board of Directors of Resource Bank and receives more than $10,000 annually in compensation as a member of the Board. Resource Bank has extended a line of credit to this applicant. Vice Mayor Jones disclosed this interest and abstained from discussion and vote on this item. Council Lady Wilson ABSTAINED on Item K. 4. a/b re INDIAN POINT, L.L. C. for a Change of ZoninJ! District Classification and HOLLIS ROAD ASSOCIATES, L.L.C. and INDIAN POINT, L.L.C. for a Modification of Proffers. Her husband is a Principal in the accountingfirm of Goodman and Company and earns compensation which exceeds $10,000 annually, The applicant is a client of Goodman and Company. Council Lady Wilson's husband personally provides services to the applicant. December 20,2005 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6315 DATE: December 7, 2005 FROM: Leslie L. Lilley 11\~ "'&:t'J t~!:,n ,~ B. Kay Wilson--. ; DEPT: City Attorney DEPT: City Attorney TO: 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. I 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 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 10 Exhibit "A" are hereinafter referred to as the "Property"; and PREPARED BY: GPIN: 1474-08-8918 1474-09-2019 1474-09-8601 1474-09-5852 B SYHS. BOURDON. I AflrnN & LM. p.c 1 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 goveming 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. PREPARED BY, NOW, THEREFORE, the Grantors, their successors, personal IBSms. ROURDON. representatives, assigns, grantees, and other successors in title or interest, II AHrnN & UVY. P.c. voluntarily and without any requirement by or exaction from the Grantee or its 2 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 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. PREPARED BY, The above conditions, having been proffered by the Grantors and allowed IJDSYI(IS. BOURDON. and accepted by the Grantee as part of the amendment to the Zoning Ordinance, II AlIrnN & llVY. P.C shall continue in full force and effect until a subsequent amendment changes the 3 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 goveming 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 goveming 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 goveming body for the review thereof prior to instituting proceedings in court; and PREPARED BY: t4) The Zoning Map may show by an appropriate symbol on the map the 1= ~~~.~~ existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for 4 PREPARED BY: !I smS. ROURDON. I AlImN & UVY. P.L 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. 5 WITNESS the following signature and seal: GRANTOR: HOLLIS ROAD ASSOCIATES, L.L.C., a Virginia limited liability company By~ ~~/ y~/<' M. Paul Warner, Managing Member (SEAL) 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. /14 e)J YilIi(1M Notary Public My Commission Expires: August 31, 2006 PREPARED BY: IB SillS. 1l0URDON. I) ADrnN & 1M, P.C 6 PREPARED BY: g SYl(~S. ROURDON. I AHERN & lIVY. P.c. WITNESS the following signature and seal: GRANTOR: INDIAN POINT, L.L.Cr., a Virginia limited liability comp~ \ . I UJ / I \, I i \ \ ) By: S--. (SEAL) aging Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 1 st 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. A iL rfl C!-f! te / I'll!. / . '11m ~ otary Public My Commission Expires: August 31, 2006 7 EXHIBIT" A" Parcell: 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 600 24' 20" East, a distance of 165.79 feet to a pin found; thence North 250 38' 30" West, a distance of 124.49 feet to a pin set on the southem right of way line of Independence Boulevard South; thence along Independence Boulevard South North 250 35' 17" West, a distance of 95.45 feet to a pin set; thence North 660 44' 13" East, a distance of 418.35 feet to a pin set; thence South 360 46' 52" East, a distance of 10.28 feet to a pin set; thence North 660 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 680 59' 39" East, a distance of 5.91 feet to a pin found being the southwest comer of Lot 48 G1enwood Subdivision Phase 5C, Section 1 (MB 243, PG. 57); thence leaving Independence Boulevard South along the westem line of G1enwood Subdivision South 130 04' 03" East, a distance of 521.17 feet to a pin found n the northem right of way line of Abilene Lane (60 foot right of way); thence along Abilene Lane South 790 04' 36" West, a distance of 28.46 feet to a pin found; thence South 180 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 180 18' 08" East, a distance of 145.36 feet to a pin set being the northernmost comer of Lot 11 G1enwood Place Subdivision (unrecorded); thence South 650 53' 57" West, a distance of 643.67 feet to a pin set at the eastemmost comer of property now or formerly Leon N. and Martha M. Harris (DB 1057, PG 668); thence along the dividing line of Harris North 3r 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 600 12' 27" East, a distance of 167.55 feet to a pin set; thence North 380 38' 00" West, a distance of 149.73 feet to a pin found; thence South 600 12' 27" West, a distance of 543.08 feet to a pin set on the eastem side of Indian River Road; thence along Indian River Road North 320 04' 57" West, a distance of 74.35 feet to a pin set; thence North 250 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: 1m SYICts. ROURDON. All that certain lot, piece or parcel of land being known, numbered and OAHrnN & U:YY.P.c. designated as Lot lIB, as shown on that certain plat entitled, "Subdivision of Cora Elizabeth Harris Estate, Virginia Beach, Virginia", dated January 3, 2005 8 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 'B'-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 G1enwood 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 MODCONDITIONS/HOLUSROADASSOC~TES/ROSEGLENMANOR/PROFFER PREPARED BY, lIB SYK[S. ROURDON. o AII[RN & lEVY. P.C 9 - 33- Item V-K. 5a/b PLANNING ITEM # 54758 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED Ordinances upon application of MARVIN M. and GAYLE B. ROLLINS for a Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF MARVIN M. ROLLINS & GA YLE B, ROLLINS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO CONDITIONAL B-2 Z012051238 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Marvin M. Rollins & Gayle B, Rollins for a Change ofZoninf! District Classification from A G- 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 The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. ORDINANCE UPON APPLICATION OF MARVIN M. ROLLINS & GAYLE B. ROLLINS FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE FACILITY R01205341367 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 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 The following conditions shall be required: 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. December 20,2005 - 34- Item V-K.5a/b PLANNING ITEM # 54758 (Continued) 3, A landscapingplan shall be submittedfor 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 fifty (50)- foot buffer adjacent to Oakum Creek without the approval of City Staff. 4. Proposedfencingfor the site shall be reviewed and approved by City Staff. 5. A photometric plan shall be submittedfor review and approval by City Staff. Where lighting fixtures are installed along streets, in parking areas, or on the buildingfor 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. These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth of December, Two Thousand Five Voting: 10-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Mayor Meyera E. Oberndorf Council Members Absent: None December 20,2005 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6278 DATE: December 7, 2005 FROM: Leslie L. Lilley.. ~ B. Kay Wilso~~~ DEPT: City Attorney TO: 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. I 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:' PREPARED BY: II SYI<IS. JlOURDON. AIIrnN & LrvY. P.c. 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 1 PREPARED BY: gm SYlCJ;S. ROURDON, lJiI AHrnN & lIVY. 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 2. The only freestanding sign shall be the one designated on the Site Plan. 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 goveming 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 PREPARED BY: resolution shall be recorded along with said instrument as conclusive evidence of IJIBSYIG:S. ROURDON. h t d 'f d d 'd . hall b 'd IBIAIImN &LM,P.C. sue consen, an 1 not so recor e , S81 Instrument s e VOl . The Grantors covenant and agree that: 3 PREPARED BY: ~ sms. ROVRDON. m AHrnN &: IIVY. 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. 4 PREPARED BY: ~.m SYKiS. ROURDON. mil Am:RN & 1M. P.c. WITNESS the following signatures and seals: GRANTOR: h a/~ /'/1 ~ /lolL Marvin M. Rollins (SEAL) ~~~l:.~~ (SEAL) yle B. Rollins STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 1st day of July, 2005, by Marvin M. Rollins and Gayle B. Rollins, husband and wife, Grantors. . ~/:1r ~j{, rrr&;K# Notary Public My Commission Expires: August 31, 2006 5 PREPARED BY: ~.m SYJ{fS. ROURDON. WAHmN & 1M, 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 comer 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 CONDITIONALREZONEj ROLUNSj CREEDSHARDWAREj PROFFER 6 - 35 - Item V-L. RESOLUTIONS/ORDINANCES ITEM # 54759 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION Items 1, 2, 3a-j, 4 and ADD-ON 5, of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 20,2005 - 36- Item V-L.l. RESOLUTIONS/ORDINANCES ITEM # 54760 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Resolution re a revised Investment Policy for City funds re the City Treasurer's compliance with Virginia Code and current investment practices. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 20,2005 1 2 3 A RESOLUTION ADOPTING A REVISED POLICY FOR THE INVESTMENT OF CITY 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 20th day of December, 2005. ROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Uf11nL~ ~ r ~fAA- 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 _ _ _ 00 _ _ _ _ h _ h h h h h h _ _ 00 00 00 _ 00 _ _ _ _ _ _ _ _ _ _ _ _ 00 00 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ u _ _ u u u u u _ _ u u u 00 _ u _ u u _ _ _ 00 _} II. Scope. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _} III. Obj ective. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _} 1. Safety. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3 A. Credit Risk _ _ u _uu _ _u _ _uuuu__ _ _ _ _ _ _ _ _ _hhh_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _h______u_.4 B. Interest Rate Risk _huuuuuuu _ _ _ _ _ _ mum _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ hmmmm _.4 2. Liquidity. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 4 3. yield_h_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ u _uuu_u _ _ _ _ _ _ _ 0000____ _h _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _uuuu 4 IV. Standards of Care _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _uuuu _ _ _ _ _ _ hUUUUUhh _ __ _ _ _ _ _ _ _ _ _ h _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _uu.4 1. Prudence u_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __hh_ _ _ _ _ _ _ _ _ _ _ _hh_h_uuuuuu_u_uuu U uu_ _ _ U U _ _ _ _ _ _ _ _ _ _ _ _ hhh 4 2. Ethics and Conflicts ofInteres( mmmh h _ h hh umuuuuuuuumm m m _ _ _ _ _ _ _ _ _ _ _ _ h h h h h h mh 5 3. Delegation of Authority _ _ _ _ _ _ _ _ _ _ _ _ _ _mh _ _ _ _ _ _ _ _ _ _ _ _ mhh__muuuuuuuu um mm_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __h 5 V. Safekeeping, Custody, and Program Integrity mm_mmm_h_mmhhhhh__hUUUuuuuuumuumh5 1. Authorized Financial Dealers and Institutions m u u u u u m u u u u u u m m _ m m m _ h m m m _ _ m u 5 2. Internal Controls_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _hh_ _ _ _ _ _ _ _ _ _ _h_UUUU_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _hhh_ _ 6 3. Delivery vs. Payment (DVP) mmmmhmm_h_mmhhhhhhhhhhh__uuuuumhmumuuum 6 4. Independent Review_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _mum _ _ _ _ _ _ _ hmm_ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _uuuuuuum _ _ _ _ _ _ 6 VI. Suitable and Authorized Investments _ _ hhh _ _ _ _ _ _ _ _uuuuu u _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00 h_m__m_____ _ _ _ _ _ _ _ _} 1. Investment Types. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _hhh _ _ _ _ _ _ _ _ _h__hhU_U_uuuu u_ U _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _uuuuuuuu_ _ _ 7 2. Collateralization _ _ _ u _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __m__ _ _ _ _ _ _ _ _ _ _ _ h mmmmm_mhu _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _um 7 3. Repurchase Agreements. _ _ _ _ _ _ _ _ _ _ _ ________ _ _ _ _ _ _ _ _ _ _ _ _ _ ______________________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ 7 VII. Investment Parameters _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _mm _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _mhhmmu u_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _m} 1. Diversification.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _hhh _ _ _ _ _ _ _ _ _ _ _ _h _hhhh_UUUUU u_ _ _ _ u_ _ _ u u u _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 7 2, Maximum Maturities_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _uuu _ _ _ _ _ _ _ _ 00 _U_h_U__h____hhh _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ h_ 8 3. Competitive Bids _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _hhh_ _ _ _ _ _ _ _ u _ _ _ huuuuuuuuuuu U U U _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __uu 8 VIII. Reporting _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _8 1. Methods __________________ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ __________________ ____ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _______ 8 2. Performance Standards _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _h___ _ _ _ _ _ _ _ _ _ _ _ _ _ _uuuuuuuuuuuuuum_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 8 3. Mark to Market ____ __ __ ___ ___ __ _ _ _ _ _ _ _ _ _ _ _ _ _ ________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __ _ _ _______________________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 9 IX. Policy uu_ _ _ _ _ _ _ _ _ _ _ _ 00 hUU_ U_U_h_U__ 00_ _ _ _ _ _ _ _ _ _ _ hh_h _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ hhhhhhhhhhh _ _ _ _ _ _ _ _ _.9 1. Exemption_______________ _______ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _______ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ ____________________________ _ _ _ _ _ 9 2. Amendments _____________________ _ _ _ _ _ _ _ _ _ _ _ _ _ _________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _______________________________ 9 X. GFOA Recommended Practices. _ _ _ _ _ _ _ _ _ _ _ _ _ mh_ h _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ h _ _ _ _ m h h mmmmmmmmm_mhm.9 XI. Glossary of TefITlS _ u _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ hUUUU _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00 __hh__h____h__hh__h___h__hh____h___ _ __.10 Appendices: A. Virginia Security for Public Deposits Acthhhhmhmm_mmmmmmhmhhmm_hmmhm__15 B. BrokerlDealer Questionnaire and Certification. _ _ _ _ _ _ _ u ___ u_uuuuumuuuu m __ m mmu_ _ _ _ _ _ _ _ _ 20 C. Investment Guidelines for Bankers' Acceptances 00 00 umumuuummmmmmmumumuu m 23 D. Investment Guidelines for Commercial Paper______________m_mmmmhm_mhm_mUmmmuu25 E. Government Finance Officers' Association Recommended Practices Pertaining to Cash Management and Investing Activities _ _ _ _ _ _ _ _ _ _ _ _ h hmmmmmmh _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ h m h mh __ _ _ _ _ _ _ _)7 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 fmancial 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. 3 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 fmancial 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 4 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 ofInterests Act. Specifically, Code of Virginia S2.2- 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 S8.03 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 S2.2-4400), as amended (copy attached as Appendix A), and must be designated a city depository in accordance with S 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: 5 . Audited financial statements . Proof of National Association of Securities Dealers (NASD) certification . Proof of State registration . Completed City of Virginia Beach BrokerlDealer 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. 2. 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. A voidance 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. SUIT ABLE 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 pennitted by this policy: 6 . U.S. Government obligations, U.S. Government agency obligations, and U.S. Government instrumentality obligations, in accordance with ~2.2-4501 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 ~2.2-4504 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 ~2.2-4501 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 ofInvestments 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 8 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 XI. 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 fmance 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 ofa 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 playa 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 higWy 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 GINIEE 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. P AR 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 fmancial 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 (SEe)- 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 pnce, 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 fmance 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 banle 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 ~ 2.2-4400. 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 oflaw 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-I by Standard & Poor's Rating Service or P-l 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.) ~ 2.2-4401. 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.) ~ 2.2-4402. 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 oflaw, 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 S 6.1-21 or that are secured pursuant to Title 12, S 92a of the United States Code by securities of the classes prescribed by S 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, S 2.1-362; 2001, c. 844.) ~ 2.2-4403. 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, S 2.1-363; 1978, c. 14; 1984, c. 135; 2001, c. 844.) ~ 2.2-4404. 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, S 2.1-363.1; 2001, c. 844.) ~ 2.2-4405. 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 furnish 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, S 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, S 2.1-365; 2001, c. 844,) ~ 2.2-4407. 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, S 2.1-366; 2001, c. 844.) ~ 2.2-4408. 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, S 2.1-367; 1980, c. 538, S 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.) ~ 2.2-4410. 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.) ~ 2.2-4411. 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 furnish 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 ofNASD? 6. Place an 'x' by each regulatory agency that your firm is examined by and/or subject to its rules and regulations. FDIC SEC Comptroller of Currency_ NYSE 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: 1. 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 "A 1" or equivalent by all the rating 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 anyone 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 TeA 9-4-602(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 NCOlMoody's rating of prime 1; Standard and Poor's Inc., within its rating of A-I; Fitch Investors Services, Inc., within its rating of F -I; Duff and Phelps, Inc., within its rating of D-I, 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. 5. Issues may be acquired from authorized broker/dealers or directly from an eligible issuer. 6. 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 ofInvestment 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) revisedfrom 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. 1 Primary dealers in U.S. government securities adhere to stringent capital adequacy guidelines as prescribed by the Federal Reserve Bank of New York. A CWTent listing of primary dealers can be located www.ny.frb.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 Fmancial 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 F ASB 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 fmance 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 ofF ASB 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 alternative 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 [mancial 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 further 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 r 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 V.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) revisedfrom 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 of90 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 ofInvestment Advisers for Non-Pension Fund Assets (2003) Revisedfrom 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 II (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 Zorn, 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 (lOs) 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 fmance 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 ofa 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, finance 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 ofloans 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. 44 GFOA Recommended Practice Use and Application of Voluntary Agreements and Guidelines for Cash, ~anagement(2003) revisedfrom 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 detennine 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 BrokerlDealer 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 I 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, fmance 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 anyone issuer; . First tier credit rating requirements (for example, A-I, P-I, F-I 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 GFOA Recommended Practice Maturities ofInvestments 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 APPENDIX F Various Code of Virginia Provisions Pertaining to Investment of Local Government Funds 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. 184,92-297; 1958, c. 102; 1966, c. 677, 9 2.1-327; 1970, c. 75; 1974, c. 288; 1986, c. 270; 1988, cc. 526, 834; 1996, cc. 77, 508; 2001, c. 844,) ~ 2.2-4501. 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 (9 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 anyone 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 SS 51.1-124.30 through 51.1-124.35 or S 51.1-601. C. Investments made prior to July 1, 1991, pursuant to S 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 (S 51.1-600 et seq.) of Title 51.1. (1956, c. 184, S 2-298; 1966, c. 677, S 2.1-328; 1980, c. 596; 1988, c. 834; 1991, c. 379; 1992, c. 810; 1996,c.508; 1999,c, 772; 2001, c. 844J ~ 2.2-4502. 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 I, by Standard & Poor's, Inc., within its rating of A-I, by Fitch Investor's Services, Inc., within its rating ofF-I, by Duff and Phelps, Inc., within its rating of D-I, 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 not more than five percent of the total funds available for investment may be invested in commercial paper of anyone 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 defmed 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.) ~ 2.2-4503. Not set out. ~ 2.2-4504. 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.) ~ 2.2-4505. Investment in certificates representing ownership of treasury bond principal at maturity or its coupons for accrued periods. Notwithstanding any provision oflaw 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.) ~ 2.2-4506. Securities lending. Notwithstanding any provision oflaw 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.) ~ 2.2-4507. Investment of funds in overnight, term and open repurchase agreements. Notwithstanding any provision oflaw 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.) ~ 2.2-4508. Investment of certain public moneys in certain mutual funds. Notwithstanding any provision oflaw 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.) ~ 2.2-4509. Investment of funds in negotiable certificates of deposit and negotiable bank deposit notes. Notwithstanding any provision oflaw 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-I by Standard & Poor's and P-l 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 oflaw 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.) ~ 2.2-4511. Investment of funds in asset-backed securities. Notwithstanding any provision oflaw 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,) ~ 2.2-4512. Investment of funds by State Treasurer in obligations of foreign sovereign governments. Notwithstanding any provision oflaw 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,) ~ 2.2-4513. 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, S 2.1-328.12; 2001, c. 844.) ~ 2.2-4514. 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, S 2.1-328.14; 2001, c. 844.) ~ 2.2-4515. 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 ofless 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 ofInstitutional Funds Act, Article 1.1 (S 55-268.1 et seq.) of Chapter 15 of Title 55, (1988, c. 834, S 2.1-329.01; 2001, c. 844.) ~ 2.2-4516. 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, S 2.1-329.1; 2001, c. 844,) ~ 2.2-4517. 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.) ~ 2.2-4600. Short title; definitions. This chapter may be cited as the "Local Government Investment Pool Act." (1980, c. 538, SS 2.1-234.1, 2.1-234.3; 1996, c. 77; 2001, c. 844.) ~ 2.2-4601. 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 oflocal 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 (S 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, S 2.1-234.2; 2001, c. 844.) ~ 2.2-4602. 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 (S 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.) ~ 2.2-4603. Investment authority. Subject to the procedures set forth in this chapter, any local official handling public funds may invest and reinvest any money subj ect to his control and jurisdiction in the local government investment pool established by ~ 2.2-4602. (1980, c. 538, ~ 2.1-234.4; 1988, c, 834; 2001, c. 844.) ~ 2.2-4604. 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.) ~ 2.2-4605. 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.) ~ 2.2-4606. 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 - 37- Item V-L.2. RESOLUTIONS/ORDINANCES ITEM # 54761 A Petition containing over 1600 signatures in support of enhancing pedestrian and vehicular traffic safety was presented during the Formal Session and is hereby made a part of the record. Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Resolution to ESTABLISH the City Manager's Advisory Shore Drive Safety Task Force re enhancing pedestrian and vehicular traffic safety. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E, Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, RichardA, Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 20,2005 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 and 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 Dri ve Community Coalition shall be asked to select one 23 representative from their respective organizations to serve as 24 members of the Task Force i 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 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 a. To propose immediate short-term solutions to improve the safety of drivers and pedestrians on Shore Drive. Such solutions shall be ones that can be implemented in less than 180 days. The Task shall inform Manager so hi s City the Force expeditiously of such recommendations staff may take prompt action to improve the b. safety of Shore Drive. temporary in nature; To propose mid-term solutions to improve safety Such solutions may be on Shore Drive. Such solutions shall be ones that can be implemented in 6 to 18 months. The Task Force shall communicate its recommendations to the Shore Drive Advisory Committee and shall consider that committee's input in finalizing proposed mid-term solutions. The Task Force shall then its and findings present c. recommendations to the City Council and the City Manager; To propose long-term solutions to lmprove safety on Shore Drive. Such solutions shall be ones that require 18 to 36 months to implement. Such 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 and then its findings present 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 Virg inia on the -2Q..t.h day of Decembef , 2005. Approved as to Legal Sufficiency: R~~ City Attorney's Office CA9836 H:\PA\GG\OrdRes\Shore Drive STF RES.doc December 15, 2005 R5 - 38- Item V-L.3.a-f. RESOLUTIONS/ORDINANCES ITEM # 54762 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: 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 re SOL Incentive Funds $1,500,000 b. School Reserve Special Revenue Fund $1,448,021 c, Student Data Management System re K-12 grade book and data analysis $1,008,832 d. Equipment and Vehicle Replacement re copiers and risographs $ 300,000 e. Middle and High School language labs $ 700,000 f Windsor Woods Elementary School replacement $1,836,145 Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA, Maddox, Mayor MeyeraE, Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 20,2005 1 2 3 4 5 6 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 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 20th day of December , 2005. APPROVED AS TO CONTENT: APPROVED AS SUFFICIENCY: TO LEGAL ~a~~j~) ~~~ City Attorney's Office CA9835 H:/PA/GG/ordres/2005 Reversion ORD #2 R-2 December 7, 2005 +IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE SCHOOL BOARD Daniel 0, Edwards Chalnnan District 1 - Centerville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h) . 717-0259 (ceil) Sandre Smlth-Jonee Vice Chalnnan District 2 - Kempsviile 705 Rock Creek Court V A Beach, VA 23462 490-8167 (h) Rita Sweet Bellino At-Large P.O. Box 64909 V A Beach, VA 23467 418-0960 (h) Jane S. Brooks District 6 - Beach 721 Hililop Road VA Beach, VA 23454 425-1597 (h) Emma L. "Em" Davis District 5 - L ynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 (h) Edward F, Flsslnger, Sr. At-Large 412 Becton Place V A Beach, V A 23452 486-4567 (h) Dan R, Lowe District 4 - Bayside 4617 Red Coal Road VA Beach, VA 23455 490-3681 (h) Michael W, Stewart District 3 - Rose Hail 105 Brentwood Court VA Beach, VA 23452 498-4303 (h) . 445-4637 (w) Arthur T. Tate At-Large 1709 Ladysmith Mews VA Beach, VA 23455 460-5451 (h) Carolyn D. Weems At-Large 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) Lois S, Williams, Ph,O, District 7 - Princess Anne 2532 Las Corrales Court VA Beach, VA 23456 816-6107 (ceil) . 961-3734 (w) INTERIM SUPERINTENDENT Sheila S. Magula, Ed.D, 2512 George Mason Drive VA Beach, VA 23456 263-1007 RESOLUTION REGARDING FY 2004/2005 ACTUAL OVER BUDGET FUND WH EREAS, the Revenue Sharing Policy provides for the application of the formula to any actual revenues in excess of budgeted revenues, and WHEREAS, the FY 2004/05 Actual Over Budget provides $6,792,998 for allocation by the School Board to non-recurring purposes; and WHEREAS, the Administration recommends the following uses for the $ 6.7 million available: . $1,500,000 to the Operating Budget Instructional Category for SOL Incentive Funds for schools · $1,448,021 to the School Reserve Special Revenue Fund bringing the total in the fund to $ 4,344,063 . $1,008,832 to CIP Project 1-195, for the K-12 Grade Book and Data Analysis · $ 300,000 to CIP Project1-011 Equipment and Vehicle to replace Copiers and Risographs in schools. . $ 700,000 to CIP Project 1-211 School Operating Budget Support to replace the Middle and High School Language Labs with wireless language labs . $ 1,836,145 to CIP Project 1-227 Windsor Woods Elementary School Now, therefore, be it RESOLVED: That the Board approves the recommended uses of the FY 2004/05 Actual Over Budget funds as presented by the Administration; and be it further RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City ClerIc Adopted by the School Board of the City of Virginia Beach this 6th day of December 2005. SEAL ~~~ Daniel D. Edwards, Chairman Attest: ~ .p--~ Dianne P. Alexander, Clerk of the Board School Administration Building . 2512 George Mason Drive . P.O. Box 6038 . Virginia Beach, VA 23456-0038 - 39- Item V-L.4. RESOLUTIONS/ORDINANCES ITEM # 54763 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: 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 Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, RichardA. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 20,2005 1 2 3 4 5 6 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 TO PROSECUTE GUN CRIMES 7 WHEREAS, the Virginia Beach Commonwealth's Attorney has been 8 awarded a Proj ect 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 20th day of December 2005. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Jj~ (l . ~~~ City Attorney Office CA9842 H:\PA\GG\OrdRes\Project R-2 December 8, 2005 Safe Neighborhood ORD EIN #54-6000803 PRESIDENT Chief Philip Broadfoot Danville IMMEDIATE PAST PRESIDENT Co!. Henry Stanley, Jr. Henrico County 1ST VICE PRESIDENT Co!. Charles Bennett, Jr. Lynchburg 2ND VICE PRESIDENT Chief William H. Brown Blacksburg 3RD VICE PRESIDENT ChiefJ. Michael Yost Williamsburg EXECUTIVE COMMITTEEMEN Chief Ray Lavinder Roanoke County Co!. Richard Rappoport Fairfax City Co!. 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 WEBMASTERI GRAPHIC DESIGNER Erin Schrad VIRGINIA ASSOCIATION OF CHIEFS OF POLICE November 23, 2005 The Honorable Harvey L. Bryant, Commonwealth's Attorney City of Virginia Beach 2425 Nimmo Parkway, lOB/2nd Floor Virginia Beach VA 23456 RE: Project Safe Neighborhoods Subgrant #EDV A-2003GPCX0543-003-A Dear Mr. Bryant: Weare 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 (V ACP). 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 V ACP 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 fmancial reports on this grant award, and final progress and fmancial reports at the conclusion of the grant term. Please let me know if you have any questions about this grant award. Sincerely, , ~"') , I: :J /{izve/j!;/v<<-pf 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 r - 40- Item V-L.5. ADD-ON RESOLUTIONS/ORDINANCES ITEM # 54764 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Resolution to REQ UEST the General Assembly support legislation authorizing photo-monitoring systems (red light cameras) to enforce traffic light signals and public safety enhancement. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 20,2005 REQUESTED BY MAYOR MEYERA E. COUNCI LMEMBER RON A. OBERNDORF AND VILLANUEAVA 1 2 3 4 5 RESOLUTION TO REQUEST THE GENERAL ASSEMBLY TO SUPPORT LEGISLATION REAUTHORIZING THE USE OF PHOTO-MONITORING SYSTEMS TO ENFORCE TRAFFIC LIGHT SIGNALS AND ENHANCE PUBLIC SAFETY 6 WHEREAS, persons who ran red lights at traffic 7 intersections caused almost 5000 crashes in Virginia in 2003, 8 resulting in at least 18 deaths and more than 3800 injuries; 9 WHEREAS, state law previously authorized the use of 10 photo-monitoring systems to enforce traffic light signals by 11 imposing a civil fine on red light violators; 12 WHEREAS, in 2004, the City Council authorized the use 13 of photo-monitoring systems in the City of Virginia Beach and a 14 survey of Virginia Beach residents indicated that 84% of 15 residents "strongly approved" or "approved" the use of photo- 16 monitoring to improve safety of intersections; 17 WHEREAS, the state law that authorized the use of 18 photo-monitoring systems expired on July I, 2005; 19 WHEREAS, after the state law expired, the City of 20 Virginia Beach left in place the photo-monitoring equipment it 21 had previously installed at four intersections, disabling the 22 cameras that took pictures of violators but retaining the 23 ability to monitor the number of red light violations; 24 WHEREAS, red light violations at the intersections 25 with photo-monitoring equipment have spiked 99.5% from a monthly 26 average of 425 violations when the cameras were operational to a 27 monthly average of 848 since the law expiredj and 28 WHEREAS, the City Council is of the opinion that 29 photo-monitoring systems are an effective method of reducing red 30 light violations, and as part of its Community Legislative 31 Agenda, requested Virginia Beach's delegation to the General 32 Assembly to introduce and support legislation to reauthorize the 33 program. 34 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCI L OF THE 35 CITY OF VIRGINIA BEACH, VIRGINIA: 36 1. That the City Council hereby reiterates its strong 37 support for legislation to reauthorize the photo-monitoring law 38 and requests that the City's local delegation to the General 39 Assembly support legislation in the 2006 Session of the General 40 Assembly so that the use of photo-monitoring systems to enforce 41 traffic light signals may be reinstated. 42 2. That the City Clerk is hereby directed to transmit a 43 certified copy of this resolution to each member of the City's 44 local delegation to the General Assembly. 45 Adopted by the Council of the City of Virginia Beach, 46 Virginia, on the 20th day of December , 2005. 2 APPROVED AS TO LEGAL SUFFICIENCY: Z~~ City Attorne~ Office CA-9850 H:\GG\OrdRes\Photo Red Reauthorization.res.doc R-4 December 20, 2005 3 - 41 - Item V-M.l. APPOINTMENTS ITEM # 54765 BY CONSENSUS, City Council RESCHEDULED: 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) December 20,2005 - 42- Item V-M.2. APPOINTMENTS ITEM # 54766 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Linda M. Bright Unexpired thru 05/31/2006 plus 2 years 06/01/2006 - 05/31/2008 MINORITY BUSINESS COUNCIL Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor MeyeraE. Oberndorf, Peter W. Schmidt, RonA. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A, Maddox and Jim Reeve December 20,2005 - 43- Item V-M.3. APPOINTMENTS ITEM # 54767 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Thomas Brown 3-year term 01/01/2006 -12/31/2008 REAPPOINTED: Bill Blue Matthew T. Falvey Joshua Thompson 3-year term 01/01/2006 -12/31/2008 RESORT ADVISORY COMMISSION (RAC) Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W Schmidt, RonA. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve December 20,2005 - 44- Item V-M.4. APPOINTMENTS ITEM # 54768 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Keith Pezzella Unexpired thru 06/30/2006 plus 3 years 07/01/06 - 06/30/09 SHORE DRIVE ADVISORY COMMITTEE Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor MeyeraE. Oberndorf, Peter W Schmidt, RonA. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A, Maddox and Jim Reeve December 20,2005 - 45 - Item V-M.S. APPOINTMENTS ITEM # 54769 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Christopher J. Fanney 4-year term 01/01/2006 -12/31/2009 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E, Oberndorf, Peter W Schmidt, RonA. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve December 20, 2005 - 46- Item V-Po ADJOURNMENT ITEM # 54770 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:15 P.M. ~~__t_{~~_~m__ Beverly 0. Hooks, CMC Chief Deputy City Clerk ~ Ruth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia December 20,2005