JANUARY 25, 2011 AGENDACITY COUNCIL
MAYOR WILLIAM D. SESSOMS, JR., At -Large
VICE MAYOR LOUIS R. JONES, Bayside -District 4
RITA SWEET BELLITTO, At -Large
GLENN R. DAVIS, Rase Hall - District 3
WILLIAM R. DeSTEPH, At -Large
HARRY E. DIEZFL, Kempsville - District 2
ROBERT M. DYER, Centerville - District I
BARBARA M HENLEY, Princess Anne — District 7
JOHN E. UHRIN, Beach — District 6
ROSEMARY WILSON, At -Large
.JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER -JAMES K. SPORE
CITY ATTORNEY - MARK D. STILES
CITY ASSESSOR - JERALD D. BANAGAN
CITY AUDITOR - LYNDON S. REMIAS
CITY CLERK - RUTH HODGES ERASER, MMC
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
25 JANUARY 2011
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E- MAIL: Ctycncl@vbgov. coni
I. CITY COUNCIL'S BRIEFING -Conference Room- 3:00 PM
A. ENVISION TRANSPORTATION PROJECT
Jim Oliver, Chairman of the Board — Hampton Roads Center for Civic Engagement
Betsy McBride, Executive Director
II. CITY MANAGER'S BRIEFINGS
A. VIRGINIA BEACH GROW SMART/Smart Beginnings Early Learning Challenge Grant
Marcy Sims, Director — Libraries
Megan Robinson, Virginia Beach Grow Smart Coordinator
B. WASTE MANAGEMENT
David L. Hansen, Deputy City Manager
Phil Davenport, Operations Support Administrator — Public Works
C. INTERIM FINANCIAL STATEMENT
Patricia Phillips, Director - Finance
III. COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION -Conference Room - 5:30PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Edgar Williams, Jr.
Village Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. SPECIAL SESSION — "Ceremonial Oath Of Office" January 04, 201
2. INFORMAL and FORMAL SESSIONS January 11, 201 '.
G. FORMAL SESSION AGENDA
H. MAYOR'S PRESENTATION
1. CERTIFIED CRIME PREVENTION COMMUNITY (CCPQ Recertification
Garth Wheeler, Director — Virginia Criminal Justice Services
I. PUBLIC HEARINGS
1. SALE OF EXCESS CITY PROPERTY
a. Ferry Point Road
b. 2220 Reuben Road
2. LEASE OF CITY -OWNED PROPERTY — Golf Courses
a. 3 425 Club House Road — "Bow Creek"
b. 4840 Princess Anne Road— "Kempsville Greens"
c. 1144 Prosperity Road — "Red Wing"
3. SALE OF RESTRICTIVE EASEMENTS
a. Landstown Road
b. Landstown and Salem Roads
4. GOODSPEED ROAD at DISCOVERY ROAD
Acquisition by Agreement or Condemnation
J
a
CONSENT AGENDA
ORDINANCES/RESOLUTIONS
1. Ordinances to AMEND the City Code:
a. Section 2-72 re Personnel Board Members
b. Section 35-182 re admissions taxes
2. Ordinances to DECLARE EXCESS City -owned property and AUTHORIZE the City
Manager to sell the property:
a. Ferry Point Road to D. D. Clarke, LLC
b. 2220 Reuben Street to Miguel and Antonina Cedeno
3. Ordinance to DECLARE RESTRICTIVE EASEMENTS over City -owned properties
in the Interfacility Traffic Area (ITA) to the United States of America Department of
the Navy (USN)
4. Ordinance to AUTHORIZE acquisition of property in fee simple and temporary and
permanent easements, either by agreement or condemnation, for road improvements at
the intersection of Goodspeed and Discovery Roads
DISTRICT 5 — Lynnhaven
5. Ordinance to AUTHORIZE the City Manager to EXECUTE a ten (10) year Lease to
Virginia Beach Golf Management, Inc. for three (3) Municipally -owned golf courses
to maintain and operate:
a. Bow Creek Golf 3425 Club House Road
b. Kempsville Greens Golf 840 Princess Anne Road
C. Red Wing Golf 1144 Prosperity Road
6. Resolution re the 2010 Virginia Beach Alternative Energy Task Force Report and
DIRECTING the City Manager to take the necessary action re the goals and
recommendations of the Task Force report
7. Resolution EXPRESSING appreciation to the Governor for his leadership on
transportation funding, supporting his proposal for GARVEE Bonds and
REQUESTING the General Assembly support his recommendations
8. Resolutions to REQUEST the Virginia Department of Transportation (VDOT)
ACCEPT and begin urban maintenance payments to the City for:
a. Additional streets
b. Corrections to the Road Inventory
9. Ordinances to ACCEPT and APPROPRIATE:
El. $154,250 and $5,000 Grant funds from Smart Beginnings South Hampton
Roads and the Friends of the Virginia Beach Public Library to the FY 2010-11
Public Libraries Operating Budget
b. $49,000 from the Virginia Department of Agriculture and Consumer Services to
the Agriculture FY 2010-11 Operating Budget re a partial reimbursement of a
preservation easement acquisition
C . $49,642 in Federal Grant from the Virginia Department of Criminal Justice
Services to Human Services re programs to reduce juvenile delinquency for
those with mental health disabilities and TRANSFER $5,516 to provide the
required local match
d. $23,368 Grant from the Virginia Department of Health, Office of Emergency
Medical Services, to Emergency Medical Services (EMS) re replacement
defibrillators and related equipment and TRANSFER $23,368 to provide the
local grant match
e. $15,000 Grant from the Virginia Department of Motor Vehicles (DMV) to Public
Works re regional traffic engineering training
f $5,483 from the City of Suffolk to the Public Libraries and continue special
services to the blind and physically handicapped; and AUTHORIZE the City
Manager to EXECUTE a Memorandum of Understanding for the provision of
these services to citizens of the City of Suffolk
10. Ordinance to ESTABLISH the CIT -Aquarium Ticketing and Financial System
Integration and TRANSFER $195,000 from Roadways (Diamond Springs Road Bridge
replacement) re on-line ticketing and fundraising/membership for the Virginia
Aquarium
11. Ordinance to TRANSFER $147,416 from the Health Department to the General Fund
Reserve for Contingencies re a local match for mandated services
12. Ordinance to TRANSFER $50,000 to Public Works re engineering analysis to determine
the feasibility of USING the Chesapeake Light Tower to study Virginia's offshore
wind resources
L. PLANNING
Application of CAPE HENRY RACQUET CLUB for Modification of Condition No. 2
(approved by City Council October 10, 1973) at 1350 Waterfront Drive to cover two (2)
existing tennis courts at the rear of the site
DISTRICT 6 - BEACH
RECOMMENDATION APPROVAL
2. Application of WILLLIAM H. THUMEL, JR. for a Conditional Use Permit re an
indoor recreation (Bridge Club) at 4966 Euclid Road
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
Application of KEMP ENTERPRISES for a Change of Zoning from PD -112 Planned
Unit Development Overlay (A-24 Apartment) to P-1 Preservation at Bonney Road re
Open Space
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
4. Application of OCEAN TRACE CONDOMINIUM ASSOCIATION, INC. for a
Conditional Change of Zoning District Classification from A-18 Apartment to
Conditional A-18 Apartment at 1225 Old Virginia Beach Road to restrict the residential
units to no more than 48
DISTRICT 6 - BEACH
RECOMMENDATION
APPROVAL
5. Application of OCEAN TRACE, L.C. for a Conditional Change of Zoning District
Classification from A-18 Apartment and A-12 Apartment to Conditional A-24
Apartment at 1225 Old Virginia Beach Road re 64 existing apartment units
DISTRICT 6 - BEACH
n
7
RECOMMENDATION
APPROVAL
Application of RAYMOND L. GOTTLIEB for an APPEAL of the City Manager's
Decision Pursuant to Section 7 of the Site Plan Ordinance re denial of the property
owner's request to construct a 34 -foot wide driveway
DISTRICT 5 — LYNNHAVEN
RECOMMENDATION APPLICANT'S REQUEST FOR
INDEFINITE DEFERRAL DUE TO
ATTORNEY'S ILLNESS
Ordinance to AMEND/REVISE the Comprehensive Plan by adopting the Interfacility
Traffic Area and Vicinity Master Plan
RECOMMENDATION
APPROVAL
M.
APPOINTMENTS
CLEAN COMMUNITY COMMISSION
COMMUNITY MEDICAL ADVISORY COMMISSION
ENERGY ADVISORY COMMITTEE
HAMPTON ROADS PLANNING DISTRICT COMMISSION
HEALTH SERVICES ADVISORY BOARD
HUMArI RIGHTS COMMISSION
OPEN SPACE ADVISORY COMMITTEE
RESORT ADVISORY COMMISSION
TIDEWATER YOUTH SERVICES COMMISSION
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 385-4303
Agenda 01/25/2011 gw
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I. CITY COUNCIL'S BRIEFING -Conference Room- 3:00 PM
A. ENVISION TRANSPORTATION PROJECT
Jim Oliver, Chairman of the Board — Hampton Roads Center for Civic Engagement
Betsy McBride, Executive Director
II. CITY MANAGER'S BRIEFINGS
A. VIRGINIA BEACH GROW SMART/Smart Beginnings Early Learning Challenge Grant
Marcy Sims, Director — Libraries
Megan Robinson, Virginia Beach Grow Smart Coordinator
B. WASTE MANAGEMENT
David L. Hansen, Deputy City Manager
Phil Davenport, Operations Support Administrator — Public Works
C. INTERIM FINANCIAL STATEMENT
Patricia Phillips, Director - Finance
III. COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION -Conference Room - 5:30PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
II VI. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Edgar Williams, Jr.
Village Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. SPECIAL SESSION — "Ceremonial Oath Of Office" January 04, 2011
2. INFORMAL and FORMAL SESSIONS January 11, 2011
G. FORMAL SESSION AGENDA
410
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CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
H. MAYOR'S PRESENTATION
CERTIFIED CRIME PREVENTION COMMUNITY (CCPQ Recertification
Garth Wheeler, Director — Virginia Criminal Justice Services
I. PUBLIC HEARINGS
1. SALE OF EXCESS CITY PROPERTY
a. Ferry Point Road
b. 2220 Reuben Road
2. LEASE OF CITY -OWNED PROPERTY — Golf Courses
a. 3425 Club House Road — "Bow Creek"
b. 4840 Princess Anne Road — "Kempsville Greens"
c. 1144 Prosperity Road — "Red Wing"
3. SALE OF RESTRICTIVE EASEMENTS
a. Landstown Road
b. Landstown and Salem Roads
4. GOODSPEED ROAD at DISCOVERY ROAD
Acquisition by Agreement or Condemnation
PUBLIC HEARING
SALE OF EXCESS CITY
PROPERTY
The Virginia Beach City Council will
hold a PUBLIC HEARING on the
disposition and sale of excess city
property, Tuesday, January 25 ,
2011, at 6:00 p.m., in the Council
Chamber of the City Hall Building
(Building #1) at the Virginia Beach
Municipal Center, Virginia Beach,
Virginia. The property is located on
the east side of Ferry Point Road
(GPIN 1465-19-4098). The purpose
of this Hearing will be to obtain public
input to determine whether this
property should be declared "Excess
of the City's needs".
If you are physically disabled or
visually impaired and need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at 385-
4303; Hearing Impaired, call 1.800-
828-1120 (Virginia Relay -Telephone
Device for the Deaf).
Any questions concerning this matter
should be directed to the Office of
Real Estate, Building #2, Room 392,
at the Virginia Beach Municipal
Center. The Real Estate Office
telephone number is (757)385-
4161.
Ruth Hodges Fraser, MMC
City Clerk
Beacon Jan. 16, 2011
22119852
PUBLIC HEARING
SALE OF EXCESS CITY
PROPERTY
The Virginia Beach City Council will
hold a PUBLIC HEARING on the
disposition and sale of excess City
property, Tuesday, January 25, 2011,
at 6:00 p.m., in the Council Chamber
of the City Hall Building (Building #1)
at the Virginia Beach Municipal
Center, Virginia Beach, Virginia. The
property is located at 2220 Reuben
Street (GPIN 2407-02-6956). The
purpose of this Hearing will be to
obtain public input to determine
whether the property should be
declared "Excess of the City's
needs".
If you are physically disabled or
visually impaired and need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at 757-
385-4303; Hearing impaired, call
711 (Virginia Relay - Telephone
Device for the Deaf).
Any questions concerning this matter
should be directed to the Office of
Real Estate, Building #2, Room 392,
at the Virginia Beach Municipal
Center. The Real Estate Office
telephone number is (757) 385-
4161.
Ruth Hodges Fraser, MMC
City Clerk
Beacon: Jan. 16, 2011
22119905
PUBLIC HEARING
LEASE OF CITY PROPERTY
The Virginia Beach City Council will
hold a PUBLIC HEARING on the
proposed leasing of City -owned
property on Tuesday, January 25,
2011, at 6:00 p.m., in the Council
Chamber of the City Hall Building
(Building f/1) at the Virginia Beach
Municipal Center, Virginia Beach,
Virginia. The purpose of this Hearing
will be to obtain public comment on
the City's proposal to lease the
following property:
Three golf courses and
related facilities located at
(1) 3425 Club House Road
(Bow Creek) (2) 4840
Princess Anne Road
(Kempsville Greens) and (3)
1144 Prosperity Road (Red
Wing)
If you are physically disabled or
visually Impaired and need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at 385-
4303; Hearing Impaired, call TDD
only 711.
Any questions concerning this matter
should be directed to the
Department of Management Services
- Facilities Management Office,
Room 228, Building 18, at the
Virginia Beach Municipal Center. The
Facilities Management Office
telephone number is (757)
385-5659.
Ruth Hodges Fraser, MMC
City Clerk
Beacon: Jan. 16, 2011
22136955
PUBLIC HEARING
SALE OF EASEMENTS OVER
CITY PROPERTY
The Virginia Beach City Council will
hold a PUBLIC HEARING on the sale
of restrictive easements to the
United States Navy over City -owned
properties in the Inter -facility Traffic
Area (ITA), Tuesday, January 25,
2011 at 6:00 p.m., in the Council
Chamber of the City Hall Building
(Building #1) Municipal Center,
Virginia Beach, Virginia. The
properties to be subject to the
easements are (by location, GPIN,
approximate size):
1. Formerly Floyd Brockett, et
als. property, Landstown
Road, 1484-51-7505,
24.910 Acres; 1484-50-
3022, 2.162 Acres; and
1483-59-1907, 0.763 Acres.
2. Formerly Landstown
Associates property, Salem
and Landstown Road, 1484-
52-1023, 82.375 Acres.
This Hearing will be to obtain public
input to determine whether these
easements should be declared
"excess ofthe City's needs.”
If you are physically disabled or
visually impaired and need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at 385-
4303; Hearing Impaired, call 711
(Virginia Relay -Telephone Device for
the Deaf).
Any questions concerning this matter
should be directed to the Office of
Real Estate, Municipal Building #2,
Room 392, (757) 385-4161.
Ruth Hodges Fraser, MMC
City Clerk
Beacon: Jan. 16, 2011
22120022
PUBLIC HEARING
CONDEMNATION
The Virginia Beach City Council will
hold a PUBLIC HEARING on the
proposed acquisition by agreement
or condemnation of certain property
and easements necessary for the
improvements for Goodspeed Road
at Discovery Road (CIP 7-063.88),
Tuesday, January 25, 2011, at 6:00
p.m., in the Council Chamber of the
City Hall Building (Building #1) at the
Virginia Beach Municipal Center,
Virginia Beach, Virginia. The plans
for the project are entitled:
"INTERSECTION IMPROVEMENTS
FOR GOODSPEED ROAD AT
DISCOVERY ROAD (CIP 7 -063.88) -
and are on file in the Public Works
Department, Engineering Division,
Building #2 at the Municipal Center.
The purpose of this Hearing will be to
obtain public input regarding
authorizing condemnation, if
necessary, for certain parcels in this
project.
If you are physically disabled or
visually impaired and need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at 757-
385-4303; Hearing impaired, call
711 (Virginia Relay - Telephone
Device for the Deaf).
Any questions concerning this
hearing should be directed to the
Office of Real Estate, Building #2,
Room 392, at the Virginia Beach
Municipal Center, (757) 385-4161.
Ruth Hodges Fraser, MMC
City Clerk
Beacon Jan. 16, 2011
22119893
04
CONSENT AGENDA
ORDINANCES/RESOLUTIONS
Ordinances to AMEND the City Code:
a. Section 2-72 re Personnel Board Members
b. Section 35-182 re admissions taxes
2. Ordinances to DECLARE EXCESS City -owned property and AUTHORIZE the City
Manager to sell the property:
a. Ferry Point Road to D. D. Clarke, LLC
b. 2220 Reuben Street to Miguel and Antonina Cedeno
Ordinance to DECLARE RESTRICTIVE EASEMENTS over City -owned properties
in the Interfacility Traffic Area (ITA) to the United States of America Department of
the Navy (USN)
4. Ordinance to AUTHORIZE acquisition of property in fee simple and temporary and
permanent easements, either by agreement or condemnation, for road improvements at
the intersection of Goodspeed and Discovery Roads
DISTRICT 5 — Lynnhaven
5. Ordinance to AUTHORIZE the City Manager to EXECUTE a ten (10) year Lease to
Virginia Beach Golf Management, Inc. for three (3) Municipally -owned golf courses
to maintain and operate:
a. Bow Creek Golf 3425 Club House Road
b. Kempsville Greens Golf 840 Princess Anne Road
C. Red Wing Golf 1144 Prosperity Road
6. Resolution re the 2010 Virginia Beach Alternative Energy Task Force Report and
DIRECTING the City Manager to take the necessary action re the goals and
recommendations of the Task Force report
7. Resolution EXPRESSING appreciation to the Governor for his leadership on
transportation funding, supporting his proposal for GARVEE Bonds and
REQUESTING the General Assembly support his recommendations
8. Resolutions to REQUEST the Virginia Department of Transportation (VDOT)
ACCEPT and begin urban maintenance payments to the City for:
a. Additional streets
b. Corrections to the Road Inventory
9. Ordinances to ACCEPT and APPROPRIATE:
a. $154,250 and $5,000 Grant funds from Smart Beginnings South Hampton
Roads and the Friends of the Virginia Beach Public Library to the FY 2010-11
Public Libraries Operating Budget
b. $49,000 from the Virginia Department of Agriculture and Consumer Services to
the Agriculture FY 2010-11 Operating Budget re a partial reimbursement of a
preservation easement acquisition
$49,642 in Federal Grant from the Virginia Department of Criminal Justice
Services to Human Services re programs to reduce juvenile delinquency for
those with mental health disabilities and TRANSFER $5,516 to provide the
required local match
d $23,368 Grant from the Virginia Department of Health, Office of Emergency
Medical Services, to Emergency Medical Services (EMS) re replacement
defibrillators and related equipment and TRANSFER $23,368 to provide the
local grant match
e. $15,000 Grant from the Virginia Department of Motor Vehicles (DMV) to Public
Works re regional traffic engineering training
f. $5,483 from the City of Suffolk to the Public Libraries and continue special
services to the blind and physically handicapped; and AUTHORIZE the City
Manager to EXECUTE a Memorandum of Understanding for the provision of
these services to citizens of the City of Suffolk
10. Ordinance to ESTABLISH the CIT -Aquarium Ticketing and Financial System
Integration and TRANSFER $195,000 from Roadways (Diamond Springs Road Bridge
replacement) re on-line ticketing and fundraising/membership for the Virginia
Aquarium
11. Ordinance to TRANSFER $147,416 from the Health Department to the General Fund
Reserve for Contingencies re a local match for mandated services
12. Ordinance to TRANSFER $50,000 to Public Works re engineering analysis to determine
the feasibility of USING the Chesapeake Light Tower to study Virginia's offshore
wind resources
4�� 1A p�C1
IC
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend City Code § 2-72 Pertaining to Personnel Board
Members
MEETING DATE: January 25, 2011
■ Background: The City Code provides that the City's Personnel Board shall be
composed of five members, including one City employee who must be a member of the
merit service. The City Code also authorizes the appointment of two alternates. For a
variety of reasons, recently there have been occasions when there has been difficulty
obtaining a quorum, despite having two alternates. These situations can be prevented
in the future by having additional alternates to serve when standing Board members are
unavailable. The current Personnel Board and the Department of Human Resources
have asked that the City Code be amended to add the additional alternates.
■ Considerations: The attached ordinance would amend the City Code to enable
City Council to appoint two additional alternates, for a total of four. The amendment
provides that one of those alternates shall be a member of the merit service, who may
serve in the absence of the employee Board member. Also, the ordinance contains a
"housekeeping" amendment that deletes text in subsection (a) that is no longer
applicable.
Virginia Code § 15.2-1507(10)(a)(2) allows modifications to the panel composition with
regard to the size of the panel so long as the integrity and independence is not
compromised. The addition of two alternates would not affect the Board's integrity or
independence and therefore would not impact the City's "grandfathered" personnel
board status.
■ Attachments: Ordinance
Recommended Action: Adoption
Submitting Department/Agency: Human Resources
City Manager: % V--�8&02Z
-
1 AN ORDINANCE TO AMEND CITY CODE § 2-72
2 PERTAINING TO PERSONNEL BOARD MEMBERS
3
4 SECTION AMENDED: § 2-72
5
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINA
7 BEACH, VIRGINIA:
8
9 That Section § 2-72 of the City Code is hereby amended and reordained to read
10 as follows:
11
12 Sec. 2-72. Personnel board --Established; composition; appointment, terms and
13 compensation of members; etc.
14
15 (a) There is hereby established a personnel board consisting of five (5) qualified
16 voters appointed by the council for a term of three (3) years. Of theefist
17 ,
18 , members shall be appointed
19 he full form of throe (3) years. Members shall serve until a successor has been
20 appointed. Vacancies shall be filled by the council by appointment for the
21 unexpired portion of the term. One (1) member of the board shall always be a
22 member of the merit service, as defined in section 2-76 and shall be employed at
23 a level below that of a bureau division manager head. The board shall choose
24 one (1) of its members to be the chairperson and one (1) member to be the vice -
25 chairperson for a term of one (1) year. The personnel board shall abide by the
26 personnel board hearings procedure.
27
28 (b) The director of human resources persennel or a designated alternate staff
29 member shall serve as secretary to the personnel board and shall attend all
30 meetings with no voting privileges.
31
32 (c) A majority of the members of the personnel board shall constitute a quorum.
33 Members of the board shall receive such compensation as may be authorized by
34 the council.
35
36 (d) The city council may appoint not more than two (2) four 4 alternates to the
37 board. One (1) alternate shall be a member of the merit service, as defined in
38 section 2-76, and shall be employed at a level below that of a division manager.
39 The qualifications, terms and compensation of alternate members shall be the
40 same as those of regular members. A regular member shall, when he knows he
41 will be absent from a meeting, notify the chairman of such fact. The chairman
42 shall select an alternate to serve in the absent member's place., and the records
43 of the board shall so note.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2011.
APPROVED AS TO CONTENT
partment of Human Resources
CA11752
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January 3, 2011
APPROVED AS TO LEGAL SUFFICIENCY:
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City Att rney's Office
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend Section 35-182 of the City Code Pertaining to
Admissions Taxes
MEETING DATE: January 25, 2011
■ Background: The Code of Virginia allows the City to levy and collect a tax on
the amount charged for admissions. Specifically, the Code provides for six separate
classifications for purposes of admissions taxes. In June 2009, the City Council
amended Section 35-182 of the City Code changing the definition of the "participatory
sports" classification. Currently, Section 35-182 requires the Commissioner of the
Revenue to make a determination regarding the classification of events and the
applicable tax rate.
■ Considerations: The attached ordinance would amend Section 35-182 to clarify
the process required to determine the classification of activities, contests, or events that
are subject to the admissions tax. Upon request for a determination, the Commissioner
will undertake an investigation of the facts and circumstances of such event.
Additionally, the Commissioner will keep a list of those activities, contests, and events
that have been previously determined to be "participatory sports." This list may be used
to classify a subsequent request for determination of tax classification.
■ Public Information: Public information will be provided through normal
advertisement in the Council Agenda process.
■ Recommendations: Approve the attached ordinance.
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Commissioner of Revenue�,.�
City Manager: 5
1 AN ORDINANCE TO AMEND SECTION 35-
2 182 OF THE CITY CODE PERTAINING TO
3 ADMISSIONS TAXES
4
5 SECTION AMENDED: § 35-182
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 35-182 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and reordained to read as follows:
12
13 Sec. 35-182- Levy of taxes; classification; amount; administration.
14
15 (a) Classifications. Pursuant to Code of Virginia § 58.1-3817, events to which
16 admission is charged are divided into the following classes, and there are hereby
17 imposed and levied the following taxes:
18
19 (1) School -sponsored events. No tax shall be imposed or levied on the admission
20 charge to attend any event at a public or private elementary, secondary, or
21 college school -sponsored event, including any event sponsored by a school -
22 recognized student organization.
23
24 (2) Museums, gardens and zoos. A tax of ten (10) percent of the admission
25 charge for entry into museums, botanical or other similar gardens, and zoos.
26
27 (3) Participatory sports. A tax of five (5) percent of the amount charged to
28 persons actively participating in sporting events or athletic contests or
29 activities. Admission charges for spectators who observe, but do not
30 participate in, sporting events or athletic contests or activities shall be taxed at
31 the rate imposed and levied by subsection 35-182(a)(4).
32
33 (4) Admissions generally. A tax of ten (10) percent of the admission charge for all
34 other admissions, including admissions to any place of amusement or
35 entertainment. As used in this section, "place of amusement or entertainment"
36 shall mean any place or event open to the public and located in the city where
37 amusements and entertainments, including but not limited to the following,
38 are located, performed, exhibited or conducted:
39
40 (i)Any motion picture, play, concert, dance or stageshow;
41 (ii)Any sporting or athletic contest, exhibition or event;
42 (iii)Any circus, carnival, fair or amusement park;
43 (iv)Any sporting or recreational activity, except where the person admitted
44 is participating in the sporting or recreational activity;
45 (v)Any lecture, speech or dissertation;
46 (vi)Any show, display or exhibition (e.g., antique show, art exhibition, boat
47 show, car show, computer show, craft show, wine tasting, etc.); and
48 (vii)Any restaurant, tavern, lounge, bar, cabaret or club.
49
50 (b) Admissions; gross receipts to charities. Subject to the conditions set forth
51 below in subsection (d), no tax shall be imposed or levied on the admission charge to
52 attend an event if, as described in Code of Virginia section 58.1-3817, the gross
53 receipts from the event go wholly to charitable purposes.
54
55 (c) Admissions; net proceeds to charities. Subject to the conditions set forth
56 below in subsection (d), no tax shall be levied on an event if, as described in Code of
57 Virginia section 15.2-1104.1, its purpose is solely to raise money for charitable purposes
58 and the net proceeds derived from the event are transferred to an entity exempt from
59 sales and use tax pursuant to Code of Virginia §§ 58.1-609.4, 58.1-609.7, 58.1-609.9 or
60 58.1-609.10. For purposes of this subsection, "net proceeds" means the gross receipts
61 derived from an event less the direct, ordinary and necessary costs associated with
62 conducting the event. The phrase "direct, ordinary and necessary costs," as used
63 herein, shall not include any allocable costs attributable to the event organizer's ongoing
64 expenses, such as accounting fees, insurance premiums or the salaries of officers and
65 staff.
66
67 (d) Conditions and procedures relating to subsections (b) and (c). An "event", as
68 described in preceding subsections (b) and (c), is an occasional or irregular fund-raising
69 activity, not exceeding forty-eight (48) hours in length, the gross receipts or net
70 proceeds of which go wholly to "charitable purposes" as defined in Code of Virginia
71 section 57-48. The following conditions and administrative procedures shall apply to all
72 such events:
73
74 (1) The gross receipts or net proceeds must go to an entity (i) organized
75 exclusively for charitable purposes, as reflected in its articles of incorporation,
76 charter or bylaws, (ii) designated by the Internal Revenue Service as a
77 501(c)(3) organization to which contributions are tax deductible under 26
78 U.S.C. § 7701, and (iii) registered with, or granted an exemption from
79 registration by, the Virginia Department of Agriculture and Consumer
80 Services, Division of Consumer Affairs, Charitable Solicitation Section.
81 Furthermore, any professional solicitor conducting or promoting any such
82 everit shall also be required to provide evidence of registration with, or
83 exemption from registration by, the Virginia Department of Agriculture and
84 Consumer Services, Division of Consumer Affairs, Charitable Solicitation
85 Section.
86
87 (2) All determinations concerning the taxable status of events described in this
88 subsection shall be made by the commissioner of the revenue on an event -
89 by -event basis.
90
91 (3) Any person or organization seeking a determination that an event is not
92 subject to taxation pursuant to this subsection shall apply to the commissioner
93 of the revenue's office at least thirty (30) days prior to such event. All such
94 determinations shall be made only by the commissioner of the revenue. The
95 applicant shall supply, on forms provided by the commissioner of the revenue,
96 a description of the event, the cost of admissions to the event, documentation
97 of the charitable purpose(s) for which the proceeds will be used, a copy of
98 any exemption from sales and use tax (if applicable), evidence of compliance
99 with Code of Virginia section 57-49, and such other information as may be
100 required by the commissioner of the revenue. Within fifteen (15) days of
101 receipt of an application, the commissioner of the revenue shall make a
102 preliminary determination as to whether the proposed event is subject to the
103 admissions tax. Within forty-five (45) days of conclusion of the event, the
104 applicant shall provide documentation that the gross receipts or net proceeds
105 of the event have been utilized in accordance with the requirements of
106 subsection (b). The failure of any person to obtain a determination that an
107 event is not subject to taxation, to supply evidence of compliance with Code
108 of Virginia § 57-49, or to otherwise fail to comply with the requirements of this
109 subsection, shall subject the event to being taxed at the rate provided by
110 subsection (a)(4).
111
112 (4) Within sixty (60) days after the end of each fiscal year, the commissioner of
113 the revenue shall provide the city manager a list of all events benefiting
114 charity for which no admissions tax was paid, and an estimate of the total
115 amount of tax that would have otherwise been paid.
116
117 (e) All taxes levied by this section shall be paid by the person who pays the
118 charge for admission or participation.
119
120 (f) All determinations concerning the classification of events and the applicable
121 tax rate shall be made by the commissioner of the revenue. A request for a
122 determination of classification of events shall be made in writing to the commissioner of
123 the revenue on forms approved by the commissioner of the revenue. Upon such
124 request, the commissioner of the revenue shall undertake an investigation of such event
125 to determine the appropriate classification among those classifications provided 'in
126 subsection (a). Except for school -sponsored events, unless and until a determination
127 concerning the classification of an event is made by the commissioner of the revenue, it
128 shall be classified as qeneral admissions and subiect to the general admissions' tax rate
129 as provided in subsection (a)(4), above.
130
131 (g) The commissioner of the revenue shall keep a list of all events that have been
132 determined to be "participatory sports." If a request for determination of classification is
133 for an event that is identical to a previously determined "participatory sport," the
134 commissioner of the revenue shall apply the "participatory sports" classification and tax
135 rate to such events. Should the commissioner of the revenue determine the event is not
136 identical to a previously determined "participatory sport," the commissioner shall
137 undertake an investigation to make a determination as provided in subsection (f).
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2011.
APPROVED AS TO CONTENT:
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CA11768/R-2/January 6, 2010
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance declaring City property on Ferry Point Road known as GPIN
1465-19-4098, to be in excess of the City's needs and authorizing the City Manager to
sell the property to D.D. Clarke, LLC
MEETING DATE: January 25, 2011
■ Background: In 1993, the City acquired GPIN 1465-19-4098 as part of a larger
parcel (GPIN 1465-19-4140) by condemnation from Indian River -Road Associates. The
parcel was acquired for Indian River Road Phase V (CIP 2-080). This residual area
remained after completion of the Indian River Road improvements. D.D. Clarke, LLC, a
Virginia limited liability company (the "Applicant"), has contracted to purchase several
parcels of land on Indian River Road to build a retail pet supply store. As part of the
City's site plan review for the pet supply store, it was determined that ingress/egress to
the property should be restricted to right in, right out on Indian River Road, but should
also have access off Ferry Point Road in the Newlight Community. The Applicant
proposes to acquire GPIN 1465-19-4098 and incorporate it into the Indian River Road
parcels so that it can build its access from Ferry Point Road.
Council approved the necessary zoning district classification for this parcel and
for the Indian River Road parcels on December 14, 2010.
■ Considerations: Staff has had concerns in the past with allowing access to this
parcel off Ferry Point Road, but the applicant has met with the Newlight Civic League,
who support the project and access through their community. The proceeds from this
transaction will be directed to the General Fund.
■ Public Information: Advertisement for public hearing as required by Section
15.2-1800 Code of Virginia and advertisement of City Council Agenda.
■ Alternatives: Do not sell this City property, which would require access to the
pet supply store to be restricted to right in, right out on Indian River Road.
■ Recommendations: Approve the request and authorize the City Manager to
execute all necessary documents to convey the property, subject to the terms and
conditions in the attached Summary of Terms and other such terms, conditions or
modifications as may be satisfactory to the City Manager, and in a form deemed
satisfactory by the City Attorney.
■ Attachments: Ordinance, Location Map, Summary of Terms
Recommended Action: Approval
Submitting Department/A ency• ublic Works 91- '�'
City Manager
1 AN ORDINANCE DECLARING CITY PROPERTY
2 ON FERRY POINT ROAD, KNOWN AS GPIN
3 1465-19-4098, TO BE IN EXCESS OF THE
4 CITY'S NEEDS AND AUTHORIZING THE CITY
5 MANAGER TO SELL THE PROPERTY TO D.D.
6 CLARKE, LLC
7
8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that
9 certain parcel of land located on Ferry Point Road, known as GPIN 1465-19-4098, more
10 particularly described on Exhibit "A" attached hereto and made a part hereof (the
11 "Property");
12
13 WHEREAS, D.D. Clarke, LLC, , a Virginia limited liability company, has
14 proposed to purchase the Property;
15
16 WHEREAS, the City Council is of the opinion that the Property is in
17 excess of the needs of the City of Virginia Beach.
18
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA:
21
22 That the Property is hereby declared to be in excess of the needs of the
23 City of Virginia Beach and that the City Manager is hereby authorized to execute the
24 Agreement of Sale and any documents necessary to convey the Property to D.D.
25 Clarke, LLC, in substantial conformity to the Summary of Terms attached hereto as
26 Exhibit B, and such other terms, conditions or modifications as may be satisfactory to
27 the City Manager and in a form deemed satisfactory by the City Attorney. The proceeds
28 from this transaction shall be directed to the General Fund.
29
30 This ordinance shall be effective from the date of its adoption.
31
32 Adopted by the Council of the City of Virginia Beach, Virginia, on the
33 day of , 20
THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF
ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
CA11675
DATE: 12/11/2009
R-1
\\vbgov.com\dfsl \ap plications\citylawprod\cycom32\wpdocs\d021 \p009\00084694.doc
APPROVED AS TO CONTENT
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APPROVED AS TO LE
SUFFICIENCY
WM61 l
City Attorney's Office
EXHIBIT "A"
Beginning at a point situate, lying and being in the City of Virginia Beach, Virginia
on the easterly right-of-way of the relocated Ferry Point Road, at station
7+49.19', Right 34.00' as shown on Map Book 218, page 92 and recorded in the
Clerk's Office of the Circuit Court of Virginia Beach, Virginia thence, following the
northerly bounds of the parcel to be conveyed S 60 DEGREES 10 MINUTES 35
SECONDS E a distance of 29.07'; thence, following the westerly bounds of the
property now or formerly owned by Indian River Road Associates and Lot 267 of
Lake James Phase 2-A S 25 DEGREES 39 MINUTES 45 SECONDS W a
distance of 147.23'; thence, following the southerly bounds of the property to be
conveyed N 60 DEGREES 06 MINUTES 41 SECONDS W a distance of 64.02';
thence, following the relocated right-of-way of Ferry Point Road, with a curve
turning to the left with an arc length of 91.65', with a radius of 170.00', with a
chord bearing of N 45 DEGREES 19 MINUTES 45 SECONDS E, with a chord
length of 90.55'; thence N 29 DEGREES 53 MINUTES 01 SECONDS E a
distance of 59.51; which is the point of beginning, having an area of 5,744 square
feet or 0.132, acres more or less.
IT BEING a part of the same property acquired by the City of Virginia Beach by
the Certificate of Take recorded in Deed Book 3070, at page 1379 and confirmed
by that Order Confirming Commissioner Report recorded in Deed Book 3295, at
page 1053, and Order Confirming Award recorded in Deed Book 3314, at page
1687, all recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach.
EXHIBIT "B"
SUMMARY OF TERMS
SALE OF EXCESS
PROPERTY ON FERRY POINT ROAD
SELLER: City of Virginia Beach
PURCHASER: D.D. Clarke, LLC, a Virginia limited liability company
PROPERTY: GPIN 1465-19-4098, located on the east side of Ferry Point Road
LEGAL DESCRIPTION:
Beginning at a point situate, lying and being in the City of Virginia Beach,
Virginia on the easterly right-of-way of the relocated Ferry Point Road, at station
7+49.19', Right 34.00' as shown on Map Book 218, page 92 and recorded in the
Clerc's Office of the Circuit Court of Virginia Beach, Virginia thence, following
the northerly bounds of the parcel to be conveyed S 60 DEGREES 10 MINUTES
35 SECONDS E a distance of 29.07'; thence, following the westerly bounds of the
property now or formerly owned by Indian River Road Associates and Lot 267 of
Lake James Phase 2-A S 25 DEGREES 39 MINUTES 45 SECONDS W a
distance of 147.23'; thence, following the southerly bounds of the property to be
conveyed N 60 DEGREES 06 MINUTES 41 SECONDS W a distance of 64.02';
thence, following the relocated right-of-way of Ferry Point Road, with a curve
turning to the left with an arc length of 91.65', with a radius of 170.00', with a
chord bearing of N 45 DEGREES 19 MINUTES 45 SECONDS E, with a chord
length of 90.55'; thence N 29 DEGREES 53 MINUTES 01 SECONDS E a
distance of 59.51; which is the point of beginning, having an area of 5,744 square
feet or 0.132, acres more or less.
LESS AND EXCEPT all right, title and interest of Seller in and to any and all
easements, rights-of-way, private roads and other rights of access, ingress and/or
egress adjacent to, appurtenant to or in any way benefitting the above-described
property.
SALE PRICE: $6,119.00
CONDITIONS OF SALE:
• The Purchaser shall, at the Purchaser's expense, resubdivide the property and
vacate internal lot lines to incorporate the approximate 5,744 square feet into its
existing property at Ferry Point Road.
The Property shall be developed in substantial conformity with the conceptual site
plan entitled, "Preliminary Site Plan of Care -a -Lot Pet Supply Offsite Access,
Virginia Beach, Virginia," dated September 23, 2010, a copy of which is on file
with the Department of Planning and has been exhibited to City Council.
• The Purchaser shall adhere to all zoning ordinances, including the Conditional
Changes of Zoning approved by City Council on December 14, 2010 and
recorded as Instrument Numbers 20101221001342920 and 20101221001342930
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An ordinance declaring the property located at 2220 Reuben Street (GPIN 2407-02-6956)
to be in excess of the City's needs and authorizing the City Manager to sell same to
Miguel and Antonina Cedeno.
MEETING DATE: January 25, 2011
■ Background: The City acquired the property located at 2220 Reuben Street as part of the
Oceana and Interfacility Traffic Area Conformity and Acquisition Program (CIP 9-060). At the
time of acquisition, the property was developed with a single-family home that was in severe
disrepair and was demolished. Miguel and Antonina Cedeno own the adjacent property at
2216 Reuben Street and propose to purchase the lot for use in conjunction with their
residence.
■ Considerations: The APZ-1 Disposition Committee has evaluated the property and
determined that it would be preferable to leave the lot undeveloped. Additionally, the
demolition of the residential dwelling unit and sale of the vacant lot to the adjacent neighbor
reduces the density in APZ-1.
Mr. and Mrs. Cedeno have offered to purchase the property, with development restrictions, for
$14,528. If the City retains the property, the City must pay to maintain the lot at an estimated
annual cost of $630.
■ Alternatives:
Sell the property to the adjacent owners with conditions, or keep the property in City inventory.
■ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code
of Virginia and advertisement of City Council Agenda.
■ Recommendations: Approve the request and authorize the City Manager to execute all
necessary documents to convey the property, subject to the terms and conditions in the
attached Summary of Terms and such other terns, conditions or modifications as may be
satisfactory to City Council.
■ Revenue restriction: The City funded the acquisition of the property through the partnership
with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of the
funds. Per the partnership agreement, fifty percent (50%) of the proceeds from the sale will be
refunded to the Commonwealth. A manual encumbrance will be established to ensure that the
funds retained by the City will be available for property acquisition in future years, per
agreement with the State.
0 Attachments: Ordinance, Location Map, Summary of Terms
Recommended Action: Approval of the ordinance
Submitting Department/Agency: Public Works/Real Estate
City Manager. "�
1 AN ORDINANCE DECLARING THE PROPERTY
2 LOCATED AT 2220 REUBEN STREET (GPIN 2407-02-
3 6956) TO BE IN EXCESS OF THE CITY'S NEEDS AND
4 AUTHORIZING THE CITY MANAGER TO SELL SAME TO
5 MIGUEL AND ANTONINA CEDENO.
6
7 WHEREAS, the City of Virginia Beach (the "City") is the owner of that
8 certain parcel of land located at 2220 Reuben Street (the "Property"), more particularly
9 described on Exhibit "A" attached hereto and made a part hereof;
10
11 WHEREAS, the City acquired the Property pursuant to the APZ-1
12 Acquisition Program;
13
14 WHEREAS, the City funded the acquisition of the Property through a
15 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party
16 contributing fifty percent (50%) of the funds;
17
18 WHEREAS, at the time of acquisition, the Property was improved with one
19 single-family home that has been demolished;
20
21 WHEREAS, Miguel and Antonina Cedeno own the adjacent property and
22 they have requested to purchase the Property in order to utilize it in a manner
23 compatible with the APZ-1 Ordinance;
24
25 WHEREAS, Mr. and Mrs. Cedeno desire to purchase the Property in
26 accordance with the Summary of Terms attached hereto as Exhibit "B";
27
28 WHEREAS, the City Council is of the opinion that the property is in excess
29 of the needs of the City of Virginia Beach.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
32 OF VIRGINIA BEACH, VIRGINIA:
33
34 That the Property is hereby declared to be in excess of the needs of the
35 City of Virginia Beach and that the City Manager is hereby authorized to execute any
36 documents necessary to convey the Property to Miguel and Antonina Cedeno in
37 accordance with the Summary of Terms attached hereto and such other terms,
38 conditions or modifications deemed necessary and sufficient by the City Manager and in
39 a form deemed satisfactory by the City Attorney.
40
41 Further, that the revenue from the sale of the Property in the amount of $14,528
42 shall be received and appropriated to CIP #9-060, Oceana and Interfacility Traffic Area
43 Conformity and Acquisition, of which fifty (50) percent shall be reserved for the purpose
44 of the City Manager refunding the Commonwealth's portion in accordance with the grant
45 agreement. A manual encumbrance will be established to ensure that the $7,264
46 retained by the City will be available for property acquisition in future years.
47
48 This ordinance shall be effective from the date of its adoption.
49
50
51 Adopted by the Council of the City of Virginia Beach, Virginia, on the
52 day of. , 2011.
CA11679
R-1
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1/13/11
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
Vity-teney's e3
APPROVED AS TO CONTENT
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Managem nt rvices
EXHIBIT "A"
GPIN: 2407-02-6956 (2220 REUBEN STREET)
ALL THAT certain lot, piece, or parcel of land, with the
buildings and improvements thereon, situated in Virginia
Beach, Virginia, and known, numbered and designated
as Lot 14, as shown on the plat entitled "Gatewood
Park", which said plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach,
Virginia in Map Book 21, previously erroneously stated
as being Map Book 26 in prior deed, at page 15.
LESS AND EXCEPT all right, title and interest of the
Grantor in and to any and all easements, rights of way,
private roads and other rights of access, ingress and/or
egress adjacent to, appurtenant to or in any way
benefiting the above-described property.
IT BEING the same property conveyed to the City of Virginia
Beach by Deed from Randall S. Waynick and Shirley R.
Waynick dated April 13, 2010 and recorded in the aforesaid
Clerk's Office as Instrument Number 20100416000351690.
EXHIBIT "B"
SUMMARY OF TERMS
SALE OF EXCESS
PROPERTY LOCATED AT 2220 REUBEN STREET
SELLER: City of Virginia Beach
PURCHASERS: Miguel and Antonina Cedeno, husband and wife
PROPERTY: 14,528 square feet of property generally known as 2220
Reuben Street (GPIN 2407-02-6956)
LEGAL DESCRIPTION: See Exhibit A to Ordinance
SALE PRICE: $14,528.00
CONDITIONS OF SALE:
• Property is purchased "As Is, Where Is."
• Buyers have been advised of APZ-1 restrictions for use.
• Buyers may use the Property for accessory structures, or Buyers
may otherwise utilize the property for construction in conjunction
with their adjacent property upon Resubdivision to remove interior
lot lines; however, Buyers may not add any new dwelling units.
• Buyers shall resubdivide the Property at their expense should
Buyers desire to construct across the property line between the
Property and Buyers' adjacent property.
• Seller will record deed restrictions permanently preventing new
dwelling units prior to or simultaneous with conveyance.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance to declare restrictive easements over City -owned properties in the
Interfacility Traffic Area (ITA) to be excess property and authorize the City
Manager to convey same to the United States of America
MEETING DATE: January 25, 2011
■ Background: On September 27, 2007, the City and the United States of
America, Department of the Navy (the "Navy") entered into an agreement (the
"Encroachment Partnering Agreement") to partner to acquire property in the Inter -facility
Traffic Area (the "ITA"). The Navy and the City agreed that the City would convey to the
Navy restrictive easements (the "Restrictive Easements") over property the City
acquires in the ITA, and the Navy would pay to the City the fair market value of the
restrictive easement up to 50% of the City's acquisition cost of each ITA property. The
City has continued to meet its commitment to acquire properties in the APZ-1 area and
the ITA by annually appropriating $7,500,000 to match State funding for property
acquisition.
The Encroachment Partnering Agreement, as amended, provides that the Navy will
provide funding through federal grants, which funds will be used by the Navy to
purchase the Restrictive Easements. To date, the City has sold easements to the Navy
over approximately 257.047 acres at a total sales price of $3,840,177 and in exchange
for the Marshview property.
The City has acquired the following four (4) additional properties in the ITA, and the
Navy wishes to purchase easements over them pursuant to the Encroachment
Partnering Agreement:
Address/Location
Size
GPIN
Former
City's Cost
Purchase
Funds to Be
(acres)
Owner
to
Price from
Returned to
Acquire
Navy for
Commonwealth
Easement
Landstown Road
24.910
1484-51-7505
Floyd
$557,400
$278,700
$139,350
Brockett, et
als.
Landstown Road
2.162
1484-50-3022
Floyd
See above
Brockett, et
als.
Landstown Road
0.763
1483-59-1907
Floyd
See above
Brockett, et
als.
Salem and Landstown Road
82.375
1484-52-1023
Landstown
$1,976,736
$988,368
$494,181
Associates
110.21
$2,534,136 1
$1,267,068 1
$633,531
■ Considerations: By Ordinance 3000B, adopted on September 25, 2007, the
City approved the form of the Grant of Easement to be conveyed to the Navy to
establish the Restrictive Easements, which form is attached as an exhibit to the
Encroachment: Partnering Agreement. The Restrictive Easements to be conveyed
would prohibit future residential use and would limit the City -owned property to uses
listed as compatible (marked with a "Y") on the attached table marked as "Exhibit A to
Grant of Easement."
The City's sale of these Restrictive Easements would recoup for the City and the
Commonwealth 50% of the purchase prices paid for these ITA acquisitions, for a total
amount of $1,:67,068. The funds retained by the City from the sale of the restrictive
easement to the Navy will be used as matching funds for property acquisition in future
years, by agreement with the State. The annual General Fund transfer to the Oceana
and ITA Conformity and Acquisition Project (CIP #9-060) in future years is not expected
to exceed $7,5'00,000. A manual encumbrance will be established to ensure that the
funds retained by the City are available in future years for property acquisition in the
APZ-1 area, the ITA, and other areas of special concern to the Navy.
■ Public Ilnformation:
Advertisement of City Council Agenda; Advertised for public hearing to dispose
of an interest in City property in The Virginian -Pilot Beacon.
■ Recommendations:
Approve the request and authorize the City Manager to execute all necessary
documents to convey the Restrictive Easements, subject to the terms and conditions of
the Encroachment Partnering Agreement.
■ Revenue restriction: The City funded the acquisition of the the ITA properties
listed above (2s noted in the far right column in the above table) through a partnership
with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of
the funds ne0ded to acquire the properties. The proceeds from the sale of the
Restrictive Easements over these properties will be deposited into the Oceana and ITA
Conformity and Acquisition Project (CIP #9-060), and the Commonwealth's portion will
be refunded to the Commonwealth.
■ Attachments:
Ordinance, Location Map, Exhibit A to Grant of Easement (Table of
Perm itted/Proh ibited Uses); Summary of Terms of Encroachment Partnering Agreement
Recommended Action: Approval of the Ordinance
Submitting Department/Agency: Public Works/Real Estate 0 1,194k PJ�D
City Manager;
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S
1
2 ORDINANCE TO DECLARE RESTRICTIVE EASEMENTS OVER
3 CITY-OWNED PROPERTIES IN THE INTERFACILITY TRAFFIC
4 AREA (ITA) TO BE EXCESS AND AUTHORIZE THE CITY
5 MANAGER TO CONVEY SAME TO THE UNITED STATES OF
6 AMERICA
7
8 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain parcels
9 of land (collectively, the "Properties") located in the Interfacility Traffic Area (the "ITA") in
to the City of Virginia Beach, Virginia, which Properties are identified (by location, GPIN
11 and size) as follows:
12
13 Landstown Road, 1484-51-7505, 24.910 Acres
14 Landstown Road, 1484-50-3022, 2.162 Acres
15 Landstown Road, 1483-59-1907, 0.763 Acres
16 Salem and Landstown Road, 1484-52-1023, 82.375 Acres
17
18 WHEREAS, on September 27, 2007, the City and the United States of
19 America, Department of the Navy (the "Navy") entered into an agreement (the
20 "Encroachment Partnering Agreement") to partner to acquire property in the ITA;
21
22 WHEREAS, the terms and provisions of the Encroachment Partnering
23 Agreement provide that the City will sell to the Navy restrictive easements (the
24 "Restrictive Easements") over property the City acquires in the ITA, and in exchange the
25 Navy will pay to the City the fair market value of the Restrictive Easements, up to 50%
26 of the City's acquisition cost of each ITA property;
27
28 WHEREAS, the City acquired the Properties pursuant to the ITA
29 Acquisition Program and the APZ-1/Clear Zone Acquisition Program;
30
31 WHEREAS, the City funded the acquisition of the Properties through a
32 partnership with the Commonwealth of Virginia (the "Commonwealth"), with the City and
33 the Commonwealth each contributing fifty percent (50%) of the acquisition funds;
34
35 WHEREAS, the City Council of the City of Virginia Beach finds that the
36 Restrictive Easements over the Properties are in excess of the City's needs and finds
37 that the sale of the Restrictive Easements over the Properties to the Navy, pursuant to
38 the terms of the Encroachment Partnering Agreement entered into in 2007, will allow
39 the City and the Commonwealth to recoup 50% of the purchase price of these
40 Properties;
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
43 OF VIRGINIA BEACH, VIRGINIA:
44
45 1, That Restrictive Easements over the following Properties located in the
46 ITA are hereby declared to be in excess of the needs of the City of Virginia Beach:
47
48 Landstown Road, 1484-51-7505, 24.910 Acres
49 Landstown Road, 1484-50-3022, 2.162 Acres
50 Landstown Road, 1483-59-1907, 0.763 Acres
51 Salem and Landstown Road, 1484-52-1023, 82.375 Acres
52
53
54 2. That the City Manager is hereby authorized to execute any documents
55 necessary to convey the Restrictive Easements over the Properties to the United States
56 Navy, in substantial conformity with the terms and provisions of the Encroachment
57 Partnering Agreement dated September 27, 2007, as amended, and such other terms,
58 conditions or modifications as are deemed necessary and sufficient by the City Manager
59 and in a form deemed satisfactory by the City Attorney.
60
61 3. That the revenue from the sale of each of the Restrictive Easements (up
62 to the total amount of $1,267,068) shall be received by the City and appropriated to the
63 Oceana and Interfacility Traffic Area Conformity and Acquisition Project (CIP 9-060);
64 and the City Manager shall thereafter refund the Commonwealth's portion (50%) of such
65 revenue in the total amount of $633,531 from CIP #9-060, with a manual encumbrance
66 being established to ensure that the balance of the funds remain available for property
67 acquisition in future years; and
68
69 This ordinance shall be effective from the date of its adoption.
70
71 Adopted by the Council of the City of Virginia Beach, Virginia, on the
72 day of _ , 2011.
R-1
1/18/2011
CA11411
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APPROVED AS TO CONTENT APPROVED AS TO CONTENT
Public Works Managedent tervices
APPROVED AS; TO LEGAL
SUFFI IENCY
777
City Attorney e
EXHIBIT A TO GRANT OF EASEMENT
TABLE I - AIR INSTALLATIONS COMPATIBLE USE ZONES
LAND USE COMPATIBILITY IN NOISE ZONES
Land Use
Land Use
Compatibility
Land Use Name
70-75 dB
DNL
>75 dB
DNL
Residential and Related
Single-family dwellings
N
N
Semidetached dwellings
N
N
Attached dwellings/townhouses
N
N
Duplexes
N
N
Multiple -family dwellings
N
N
Dormitories and other group quarters
N
N
Mobile home parks
N
N
Hotels and motels
N
N
Other residential uses
N
N
Manufacturing
Food & kindred products; manufacturing
Y
Y
Textile mill products; manufacturing
Y
Y
Apparel and other finished products; products made from
fabrics, leather and similar materials; manufacturing
Y
Y
Lumber and wood products (except furniture); manufacturing
Y
Y
Furniture and fixtures; manufacturing
Y
Y
Paper and allied products; manufacturing
Y
Y
Printing, publishing, and allied industries
Y
Y
Chemicals and allied products; manufacturing
Y
Y
Petroleum refining and related industries
Y
Y
Rubber and misc. plastic products; manufacturing
Y
Y
Stone, clay and glass products; manufacturing
Y
Y
Primary metal products; manufacturing
Y
Y
Fabricated metal products; manufacturing
Y
Y
Professional scientific, and controlling instruments;
photographic and optical goods; watches and clocks
Y
Y
Miscellaneous manufacturing
Y
Y
Transportation, communication and utilities
Railroad, rapid rail transit, and street railway transportation
Y
Y
Motor vehicle transportation
Y
Y
Aircraft transportation
y
y
Marine craft transportation
Y
Y
Highway and street right-of-way
Y
Y
Automobile parking
Y
Y
Communication
y
y
Utilities
y
y
Other transportation, communication and utilities
Y
Y
Trade
Wholesale trade
Y
Y
Retail trade - building materials, hardware and farm
equipment
Y
Y
Retail trade - general merchandise
Y
Y
Retail trade - food
Y
Y
Retail trade - automotive, marine craft, aircraft and
accessories
Y
Y
Retail trade - apparel and accessories
Y
Y
Services
Retail trade - furniture, home, furnishings and equipment
Y
Y
Retail trade - eating and drinking establishments
Y
Y
Other retail trade
Y
Y
Finance, insurance and real estate services
Y
Y
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 facilities
Y
N
Nursing homes
N
N
Contract construction services
Y
Y
Government services
Y
Y
Educational services
Y
N
Miscellaneous
Y
IY
Cultural, entertainment and recreational
Cultural activities (& churches)
Y
N
Nature exhibits
N
N
Public assembly halls
N
N
Auditoriums, concert halls
Y
N
Outdoor music shells, amphitheaters
N
N
Outdoor sports arenas, spectator sports
Y
N
Other outdoor recreational facilities
Y
Y
Indoor recreational facilities
Y
Y
Campgrounds
Y
N
Parks
Y
N
Other cultural, entertainment and recreation
Y
N
Resource Production and Extraction
Agriculture (except live stock)
Y
Y
Livestock farming
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
IY
ly
SUMMARY OF TERMS
OF
ENCROACHMENT PARTNERING AGREEMENT:
Parties:
The City of Virginia Beach and The United States of America, acting through the
Department of the Navy
Term of Agreement:
The term of the agreement is 5 years, unless sooner terminated by either party,
upon 30 days' notice to the other party. The agreement may be renewed or
extended as the parties agree.
Other Terms
If the City purchases property from willing sellers in the ITA, then the Navy will
purchase from the City a restrictive easement over that property limiting its
use to those uses marked with a "Y" in the Table set forth in City Zoning
Ordinar ce Section 1804 as enacted on the date of the Multi -Year Agreement
(copy attached hereto as Exhibit A"):
a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the
property would be limited to the allowed uses in 70-75 dB DNL Noise
Zone, as stated in the Table;
b. If the property is in >75 dB DNL, then the property would be limited to
the allowed uses in >75 dB DNL Noise Zone;
2. The Navy will pay 100% of the appraised value of the restrictive easement or
50% of the City's fee simple purchase price, whichever is less. After the
appraisals are completed, the City can decide on a case-by-case basis
whether to sell an easement to the Navy.
3. The Navy will fund this arrangement with $3 million', plus the Marshview
property (the Navy will convey Marshview, in fee, to the City in exchange for
the City placing restrictive easements over its ITA properties).
4. The Navy and the City will share the costs of the appraisals.
5. The City shall provide surveys necessary to delete all standard exceptions for
title insurance as to surveys.
\\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d029\p008\00073277.doc
Increased to up to approximately $7,000,000, to the extent funds are available by ORD -3053C adopted
September 23, 2008.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An ordinance to authorize acquisition of property in fee simple for right-of-way
for roadway improvements at the intersection of Goodspeed Road and
Discovery Road (CIP #7-063.088) and the acquisition of temporary and
permanent easements, either by agreement or condemnation.
MEETING DATE: January 25, 2011
■ Background: The intersection improvements for Goodspeed Road at Discovery Road
(CIP 7-063.88) (the "Project") will minimize chronic roadway flooding of Goodspeed
Road southwest of its intersection with Discovery Road. The roadway flooding occurs
during high tides, which impedes and occasionally stops ingress and egress to most of
Goodspeed Road. It is the last phase of drainage improvements proposed under CIP 7-
021 Goodspeed Road Drainage (which was established in FY 2001). Due to the multiple
phases of proposed improvements and cost to address the drainage improvements for
Goodspeed Road, this phase of drainage improvements was shifted to the
Neighborhood Storm Water Infrastructure Improvements program CIP 7-063 in FY2006.
Total program cost is $680,000, which is reserved and available in CIP 7-063
Neighborhood Storm Water Infrastructure Improvements to construct the Project. This
Project will address an area of continual roadway flooding, which prevents access of
emergency vehicles to the Princess Anne Hills neighborhood. The Project will improve
drainage for the area, but will not prevent flooding when extremely high tides overtop the
area.
■ Considerations: The design phase and plats are complete to begin right-of-way
acquisition. Right-of-way and easements are required from four (4) parcels, one of which
has been resolved. Authority is requested to acquire the necessary property and
easements (temporary and permanent) by agreement or condemnation.
■ Public Information: On February 4, 2010 city staff met with the Princess Anne Hills
Civic League and residents of Goodspeed Road. Residents voiced their concerns about
the time it has taken to get this Project moving forward.
■ Alternatives: Approve the ordinance as presented or do not complete the Project.
■ Recommendations: Approve the request for authority to acquire, by agreement or
condemnation, the property and easements (temporary and permanent) associated with
the Project.
■ Attachments: Ordinance
Location Map
Recommended Action: Approval
Submitting De artment/Agency: Public Works/Re I Estate- ""f
City Manager
.£
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY FOR
3 ROADWAY IMPROVEMENTS AT THE INTERSECTION OF
4 GOODSPEED ROAD AND DISCOVERY ROAD (CIP #7-
5 063.088) AND THE ACQUISITION OF TEMPORARY AND
6 (PERMANENT EASEMENTS, EITHER BY AGREEMENT OR
7 CIONDEMNATION
9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a
to public necessity exists for the construction of this important roadway improvement project
11 to improve transportation within the City and for other related public purposes for the
12 preservation of the safety, health, peace, good order, comfort, convenience, and for the
13 welfare of the people in the City of Virginia Beach.
14
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17
18 Section 1. That the City Council authorizes the acquisition by purchase or
19 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.1-91, et seg., and Title
20 25.1 of the Cade of Virginia of 1950, as amended, of all that certain real property in fee
21 simple, including temporary and permanent easements (the "Property"), as shown on the
22 plans entitled "Intersection Improvements For Goodspeed Road at Discovery Road, CIP 7-
23 063.088" (the `Project") and more specifically described on the acquisition plats and plans
24 for the Project (plats and plans collectively referred to as the "Plans"), the Plans being on
25 file in the Engineering Division, Department of Public Works, City of Virginia Beach,
26 Virginia.
27
28 Section 2. That the City Manager is hereby authorized to make or cause to be
29 made on behalf of the City of Virginia Beach, to the extent that funds are available, a
30 reasonable offer to the owners or persons having an interest in said Property. If refused,
31 the City Attorney is hereby authorized to institute proceedings to condemn said Property.
32
33 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
34 , 2011.
PREPARED: 1/10/2011
CA11676
R-1
\\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d017\pOl0\00084455.doc
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
AND FORM
CITY ArftfRNEY
f. p�
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Award a Lease of Three Municipally Owned Golf Courses
Located at (1) 3425 Club House Road (Bow Creek) (2) 4840 Princess Anne
Road (Kempsville Greens) and (3) 1144 Prosperity Road (Red Wing) for the
Purpose of Maintaining and Operating the Courses
MEETING DATE: January25, 2011
■ Background: Three of the City's five golf courses: Bow Creek Municipal Golf
Course, Kempsville Greens Municipal Golf Course, and Red Wing Lake
Municipal Golf Course (collectively, the "Courses") have been municipally
managed for many years. The Department of Parks and Recreation has issued
a Request for Proposals (the "RFP") that allowed offerors to respond with
proposals to either manage or lease the Courses. Based on the responses and
the recommendations of staff, the City seeks to lease the Courses on a long term
basis. The lease process requires the adoption of two ordinances: (1) an
ordinance announcing that the City is seeking bids for the lease of the property;
and (2) a final ordinance awarding the lease.
On December 14, 2010, City Council adopted an ordinance seeking bids for the
lease of the Courses. On January 11, 2011, the City received the bid of Virginia
Beach Golf Management, Inc. (the "Tenant") for the lease of the Courses. No
other party submitted a bid.
City staff and the Tenant have negotiated the terms of a lease in conformance
with the bid submitted by the Tenant and the terms and conditions identified in
the RFP process as necessary for the successful operation of the Courses.
■ Considerations: This lease would be for a term often (10) years, with two (2)
five-year renewals at the mutual option of the parties. The Tenant will be
responsible for investing at least $552,500 in capital improvements at the
Courses within the first twenty-four (24) months of the lease.
■ Public Information: The public hearing was advertised in the Virginian -Pilot as
required by statute, and advertisement of City Council Agenda.
■ Alternatives: Approve terms of the lease agreement as presented, alter terms
of the proposed lease agreement or decline to lease the Courses.
0 Recommendations: Approval
■ Attachments: Ordinance
Summary of Terms
Location Maps
Recommended Action: Approval
Submitting Department/Agency: Department of Parks and Recreation
City Managers,
rt �
r
I AN ORDINANCE TO AWARD A LEASE OF THREE
2 MUNICIPALLY OWNED GOLF COURSES
3 LOCATED AT (1) 3425 CLUB HOUSE ROAD (BOW
4 CREEK) (2) 4840 PRINCESS ANNE ROAD
5 (KEMPSVILLE GREENS) and (3) 1144
6 PROSPERITY ROAD (RED WING) FOR THE
7 PURPOSE OF MAINTAINING AND OPERATING
8 THE COURSES
9
10 WHEREAS, the City of Virginia Beach (the "City") is the owner and operator of
11 three golf courses located at 1) 3425 Club House Road (Bow Creek) (2) 4840 Princess
12 Anne Road (Kempsville Greens) and (3) 1144 Prosperity Road (Red Wing) (collectively,
13 the Courses);
14
15 WHEREAS, the City determined that it would be in its best interest to seek an
16 outside party to operate the Courses;
17
18 WHEREAS, on August 8, 2010, the City issued its Request For Proposals (the
19 "RFP") seeking proposals for the management or lease of the Courses;
20
21 WHEREAS, on December 14, 2010, City Council adopted an ordinance seeking
22 bids for the lease of the Courses and on January 11, 2011 received a bid from Virginia
23 Beach Golf Management, Inc. ("Tenant") for the lease of the Courses;
24
25 WHEREAS, Tenant proposes to lease the Courses for a period of ten (10) years
26 with two (2) five-year renewals at the mutual option of the City and the Tenant;
27
28 WHEREAS, Tenant proposes to invest at least $552,500 in capital improvements
29 to the Courses within the first twenty-four (24) months of the lease; and
30
31 WHEREAS, City staff has determined that the bid of the Tenant is consistent with
32 the goals of the RFP and has recommended the award of a lease for the Courses to the
33 Tenant;
34
35 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
36 OF VIRGINIA BEACH, VIRGINIA:
37
38 That the City Manager is hereby authorized to execute a lease for the term for
39 ten (10) years with two (2) five-year renewals between Virginia Beach Golf
40 Management, Inc. and the City, for the Courses in accordance with the Summary of
41 Terms, attached hereto as Exhibit A, and made a part hereof, and such other terms,
42 conditions or modifications deemed necessary and sufficient by the City Manager and in
43 a form deemed satisfactory by the City Attorney.
44
45 Adopted by the Council of the City of Virginia Beach, Virginia on the day of
46 7 2011.
APPROVED AS TO LEGAL
SUFFICIENCY ANDF- M:
City rney
CA11685
`wbgov.com\DFSI Applications,.CityLawProd�Icycom32`Wpdocs\D007Y007'.00051132.DOC
R-1
January 14, 2C 11
APPROVED AS TO CONTENT:
Parks a ion
EXHIBIT A
SUMMARY OF TERMS
LESSOR: City of Virginia Beach
LESSEE: Virginia Beach Golf Management, Inc.
PREMISES: Three City -owned eighteen -hole golf courses and related
facilities commonly known as Bow Creek Municipal Golf
Course, Kempsville Greens Municipal Golf Course and Red
Wing Lake Municipal Golf Course.
TERM: Ten (10) years.
RENEWAL: Two (2) optional five-year terms, if both parties agree.
RENT: For all three courses, annually, the greater of $150,000 or
10% of the gross revenues of all three courses.
CAPITAL
IMPROVEMENTS: Lessee to make at least $552,500 of improvements within
the first twenty-four (24) months. Thereafter, City to pay for
any capital improvements and capital maintenance, subject
to funds being appropriated by City Council.
FINANCIAL
REPORTING: City to have right to audit all books and records of Lessee
relating to the Courses. Lessee responsible for providing
City with monthly operating reports relating to the Courses.
USE OF
COURSES: Courses to be used only as public golf courses.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Adopting the Report of the Mayor's Alternative Energy Task Force
MEETING DATE: January 25, 2011
■ Background: On April 28, 2009, Mayor Sessoms created the Mayor's
Alternative Energy Task Force (Task Force). The purpose of the Task Force was to:
• "analyze the current reality of energy demand in Virginia Beach and explore
potential sources of supply to satisfy that demand";
• "consider how those possible supply sources might impact our community both
economically and environmentally";
• "look forward in time to identify areas where supply may not keep pace with
demand";
• "develop potential options to close that gap as well as to reduce our dependence
on foreign sources" through identifying future sources which "must be
environmentally sustainable and independent of foreign sources"; and
• "ideally and proactively position Virginia Beach to be an active leader in the
essential movement toward a more sustainable and intelligent energy future for
our nation, Commonwealth and community".
The Task Force conducted a total of nine meetings in pursuit of these goals. The first
five meetings were devoted to helping the Task Force become informed by various
subject matter experts on the need for energy, opportunities for energy alternatives, and
what alternatives had the most promise for Virginia Beach, Hampton Roads, and the
Commonwealth. The remaining three meetings were devoted to seeking public input
and developing the Task Force Report (Report).
In its Report, the Task Force recommends that the City's energy policy be linked to a
"three-legged stool approach" to be pursued simultaneously:
1. Transitional development and prudent use of traditional energy resources;
2. Aggressive support for energy conservation and retrofits to optimize efficiency;
and
3. Sustainable development and use of renewable energy sources.
This "three-legged stool approach" forms the foundation for the Task Force's goals and
recommendations.
The 2007 and 2010 Virginia Energy Plans have requested that local governments
establish policies to increase the energy efficiency of their citizens. As a result, the Task
Force recommends that the City Council adopt the following energy goals - which are
aligned with the Commonwealth of Virginia's goals:
GOAL 1. Increase the City's energy independence, with an emphasis on
conservation and clean fuel technologies.
GOAL 2. Reduce current municipal government energy consumption by fifteen
percent by 2025.
GOAL Expand residential/business energy education to overcome barriers to
implementing energy -efficiency and conservation actions.
GOAL 4. Reduce greenhouse gas emissions by thirty percent in the City by
2025.
GOAL 5. Capitalize on economic development opportunities through business
expansion and increased research and development in areas of strength,
including alternative energy development.
GOAL E. Increase indigenous energy production in the City by twenty percent by
2025.
The Report contains detailed recommendations and actions aimed to accomplish these
six goals.
The Report also contains several procedural recommendations, including the
appointment of a City Energy Advisory Committee, pursuing partnerships to accomplish
implementing the recommendations in the Report, and policy recommendations related
to uranium mining, offshore oil and natural gas drilling, and the proposed Dendron Coal
Plant in Surry County, Virginia. Actions on these procedural and policy
recommendations are being pursued on a case-by-case basis by the City Council.
This item was deferred by Council on December 14, 2010.
■ Considorations: The Report was prepared based on input from Task Force
members and City staff. The extensive level of interaction between staff, Task Force
members and energy experts who made presentations to the Task Force was
invaluable in the development of the goals, recommendations and actions in the Report.
■ Public Information: The Task Force conducted a public hearing to obtain input
for the Report on October 26, 2009. City staff provided City Council a briefing on the
Report at its informal session on September 7, 2010. Since that date, the Report has
been circulated to the community for response and input. The City additionally brought
matters related to the proposed Dendron Coal Plant in Surry County to the attention of
the Hampton Roads Planning District Commission at its October 20, 2010 meeting.
■ Recommendations: It is recommended that City Council approve the attached
resolution that ,adopts the Virginia Beach Alternative Energy Task Force Report and that
directs the City Manager to undertake actions that would carry out the goals,
recommendations and actions set forth.
■ Attachments: Resolution and Virginia Beach Alternative Energy Task Force
Report dated September 7, 2010
Recommended Action: Approval
Submitting Department/Agency: City Manager's Office
City Manager: S 14, , 6�evi
1 A RESOLUTION ADOPTING THE 2010 VIRGINIA
2 BEACH ALTERNATIVE ENERGY TASK FORCE
3 REPORT
4
5 WHEREAS, on April 28, 2009, Mayor William Sessoms created the Mayor's
6 Alternative Energy Task Force and directed the Task Force to:
7
8 1) Analyze the current reality of energy demand in Virginia Beach and
9 explore potential sources of supply to satisfy that demand;
10
11 2) Consider how those possible supply sources might impact our community
12 both economically and environmentally;
13
14 3) Look forward in time to identify areas where supply may not keep pace
15 with demand;
16
17 4) Develop potential options to close that gap as well as to reduce our
18 dependence on foreign sources through identifying future sources which must be
19 environmentally sustainable and independent of foreign sources; and
20
21 5) Ideally and proactively position Virginia Beach to be an active leader in
22 the essential movement toward a more sustainable and intelligent energy future for
23 our nation, Commonwealth and community; and
24
25 WHEREAS, the Task Force conducted a total of nine meetings in pursuit of this
26 goal; and
27
28 WHEREAS, the Task Force has compiled its findings in a report to the City Council,
29 detailing a recommended City energy policy approach, and a supporting series of goals,
30 recommendations and actions to help accomplish this policy.
31
32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
33 VIRGINIA BEACH, VIRGINIA:
34
35 That the City Council herby adopts the 2010 Virginia Beach Alternative Energy Task
36 Force Report, which is attached hereto as Exhibit A and is hereby incorporated by
37 reference.
38
39 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
40 BEACH, VIRGINIA:
41
42 That the City Manager is hereby directed to undertake those actions that would carry
43 out the goals, recommendations and actions set forth in the Task Force Report.
44
45 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
46 BEACH, VIRGINIA:
47
48
49
50
51
52
53
That actions on the procedural recommendations contained within the Task Force
Report, including the appointment of a City Energy Advisory Committee, pursuing
partnerships to accomplish implementing the recommendations in the Report, and policy
recommendations related to uranium mining, offshore oil and natural gas drilling, and the
proposed Dendron Coal Plant in Surry County, Virginia, shall be pursued as deemed
appropriate on a case-by-case basis by the Council.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
, 2010.
APPROVED AS TO CONTENT:
ity anager's Offic
CA 11764
R-1
December 8, 2010
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
a`GNAB�1
. T
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Expressing Appreciation to the Governor for His Leadership on
Transportation Issues and Requesting General Assembly Support of His Transportation
Funding Recommendations
MEETING DATE: January 25, 2010
■ Background: The current level of state funding is inadequate to meet the
transportation needs of our state, and the General Assembly has not successfully
addressed transportation funding since 1986. Governor McDonnell has proposed
approximately $4 billion worth of transportation funding over the next three years, and
some of his proposed funding is the form of debt through GARVEE Bonds and other
debt related to transportation revenue. The Governor's proposal would provide funding
for key projects of Virginia Beach and Hampton Roads, including a new Midtown
Tunnel, replacement of the Lesner Bridge, and improvements to Laskin Road,
Lynnhaven Parkway, and Indian River Road.
■ Considerations: This resolution commends the Governor for his leadership on
transportation funding and urges our City's General Assembly delegation to support his
proposal.
■ Public Information: This item will be advertised as part of the normal Council
agenda process.
■ Attachment: Resolution
Requested by Mayor Sessoms
REQUESTED BY MAYOR SESSOMS
1 A RESOLUTION EXPRESSING APPRECIATION TO
2 THE GOVERNOR FOR HIS LEADERSHIP ON
3 TRANSPORTATION ISSUES AND REQUESTING
4 GENERAL ASSEMBLY SUPPORT OF HIS
5 TRANSPORTATION FUNDING RECOMMENDATIONS
6
7 WHEREAS, an efficient transportation system is vital to our Commonwealth's
8 economic vitality and the safety of its citizens; and
9
10 WHEREAS, the State has not comprehensively addressed transportation funding
11 since 1986, when the sales and gasoline taxes were raised; and
12
13 WHEREAS, since then, the vehicle miles traveled in the Commonwealth has
14 exponentially increased, but the purchasing power of the sales and gasoline taxes have
15 markedly decreased;
16
17 WHEREAS, Governor McDonnell has proposed approximately $4 billion worth of
18 transportation funding over the next three years, and some of his proposed funding is the
19 form of debt through GARVEE Bonds and other debt related to transportation revenue;
20 and
21
22 WHEREAS, under the Governor's plan, key projects of Virginia Beach and Hampton
23 Roads could move forward, including a new Midtown Tunnel, replacement of the Lesner
24 Bridge, and improvements to Laskin Road, Lynnhaven Parkway, and Indian River Road;
25 and
26
27 WHEREAS, the Governor's proposal is a vitally important first step in addressing
28 our transportation needs; and
29
30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
31 VIRGINIA BEACH, VIRGINIA:
32
33 That the Virginia Beach City Council hereby expresses its appreciation to Governor
34 Robert F. McDonnell for his leadership on the issue of transportation funding; and
35
36 BE IT FURTHER RESOLVED:
37
38 That the Virginia Beach City Council supports the Governor's proposal for GARVEE
39 Bonds and other debt to support transportation -related improvements and requests that
40 the City's delegation to the General Assembly support his proposal.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
.2011.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
CA11785
R-2
January 20, 2011
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEMS: (1) A Resolution Requesting the Virginia Department of Transportation to Accept
Additional Streets for Urban Maintenance Payments
(2) A Resolution Requesting the Virginia Department of Transportation to Accept
Corrections to the Road Inventory for Urban Maintenance Payments
MEETING DATE: January 25, 2011
■ Background: The Virginia Department of Transportation ("VDOT") maintenance
funding is conditioned upon City Council submitting to VDOT resolutions for all new streets and
for all corrections/deletions to the City's road inventory. VDOT provided the City with a letter,
dated June 17, 2010, which stated the FY11 reimbursement rates. The rates are as follows:
local/collector streets will be reimbursed at $10,087 per lane mile, and arterial streets will be
reimbursed at $17,180 per lane mile.
■ Considerations: The first resolution requests the addition of newly constructed streets
in the amount of 5.32 lane miles which will be eligible for urban maintenance funds beginning
July 1, 2011. All of the 5.32 lane miles are classified as local/collector streets. Based on the
present VDOT reimbursement rates indicated above, the City will receive $53,662.84 per year
for these local/collector streets.
The second resolution requests changes to the current VDOT maintenance funding inventory
due to duplications or updated lane mile data. There are 1.94 lane miles of local/collector
streets and 14.32 lane miles of arterial streets to be deleted from the inventory. There are
corrections in the amount of 1.80 lane miles of local/collector streets and 17.56 lane miles of
arterial streets to be added back to the inventory. Based on the present VDOT reimbursement
rates indicated above, the City will receive $54,251.02 per year for these changes to
local/collector and arterial streets.
The total net increase in urban maintenance lane miles from the additional and the corrections
will result in a funding increase of $107,913.86 from VDOT.
■ Public Information: The item will be publicized as part of the City Council's agenda.
■ Recommendations: Approval
■ Attachments: Resolutions (2), Exhibit A ("New Streets"), Exhibit B ("Changes")
Recommended Action: Approval)b I
Submitting Department/Agency: Public Works
City Manager: t K�
Q
1 A RESOLUTION REQUESTING THE VIRGINIA
2 DEPARTMENT OF TRANSPORTATION TO
3 ACCEPT ADDITIONAL STREETS FOR URBAN
4 MAINTENANCE PAYMENTS
5
6 WHEREAS, the Virginia Department of Transportation requires a City Council
7 resolution prior to accepting additional streets for urban maintenance payments; and
8
9 WHEREAS, the 5.32 (Local/Collector) lane miles of streets listed on Exhibit A
10 (attached) have been constructed in accordance with standards established by the
11 Virginia Department of Transportation; and
12
13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain
14 these streets; and
15
16 WHEREAS, a representative from the Virginia Department of Transportation has
17 inspected and approved these streets.
18
19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21
22 That City Council hereby requests the Virginia Department of Transportation to
23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference,
24 and to begin paying urban maintenance payments to the City of Virginia Beach based
25 on the established rate.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of 2011.
APPROVED AS TO CONTENT:
P4, 1---'L —
Department of Public Works
CA11769
R-2
December 30, 2010
APPROVED AS TO LEGAL SUFFICIENCY:
t o ey's Office
City of Virginia Beach
Exhibit A - New Streets Public Works/Operations
New Street
..iwr w� rmi ww� rir...rw.rr
Street Im
STREET
FROM
TO
LANE MILES
LOCAL
ANN ARBOR LA
THOMPKINS LA
S CULDE-SAC
0.30
LOCAs,
AVIATOR DR
TAYLOR FARM RD
S CUL-DE-SAC
0.24
LOCAL
BATTLE CREEK CI'
ANN ARBOR LA
S CUL-DE-SAC
0.10
LOCAL
CEDAR CRESCENT CT
STOW E RD
W CUL-DE-SAC
0.70
LOCAL
CHARITY FARM CT
GUM BRIDGE RD
S CUL-DE-SAC
0.36
LOCAL
FIVE GAIT TL
HOLLAND RD
W CUL DE SAC
0.20
LOCAL
KNIGHTS BRIDGE LN
108' NE RIDGELY MANOR BL
172'N OF LAMBrnI IN
1.52
LOCAL
LOCKSLEY AR
PRINCESS ANNE RD
E CUL DE SAC
1.00
LOCAL
PORTER C1'
HOLLY CRESCENT
W CUL DE SAC
0.66
LOCAL
STUMPY IAKE CT
STUMPY LAKE LA
CUL -DE. -SAC
0.10
LOCAL
THREE GAIT TL
FIVE GAIT TL
W CUL DE SAC
0.14
Total Lane Miles of LOCAL streets
5.32
Total Lane Miles of New Street: 5.32
Thursday, November l8, 2010 Page 1 of I
1 A RESOLUTION REQUESTING THE VIRGINIA
2 DEPARTMENT OF TRANSPORTATION TO ACCEPT
3 CHANGES TO THE ROAD INVENTORY FOR URBAN
4 MAINTENANCE PAYMENTS
5
6 WHEREAS, the Virginia Department of Transportation requires a City Council
7 resolution prior to accepting corrections or deletions to the revised road inventory for
8 urban maintenance payments; and
9
10 WHEREAS, City personnel have reviewed the revised road inventory prepared
11 by the Virginia Department of Transportation and have determined that some
12 inaccuracies exist; and
13
14 WHEREAS, corrections to the revised road inventory have been made as shown
15 on Exhibit B (attached); resulting in a net decrease of 0.14 (Local/Collector) lane miles
16 and a net increase of 3.24 (Arterial) lane miles; and
17
18 WHEREAS, a representative from the Virginia Department of Transportation has
19 inspected and approved these changes.
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23
24 That City Council hereby requests the Virginia Department of Transportation to
25 accept the changes listed on Exhibit B, attached hereto and incorporated by reference,
26 and to begin paying urban maintenance payments to the City of Virginia Beach based
27 on the established rate.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of , 2011.
APPROVED AS TO CONTENT:
/� LL
Department of Public Works
CA11770
R-2
December 30, 2010
APPROVED AS TO LEGAL SUFFICIENCY:
y o y's Office
City of Virginia Beach
Exhibit B - Changes Public Works / Operations
Additions/Replaced deletions
Street Type
STREET
FROM
TO
LANE MILES
LOCAL
1 STH ST
DEAD END
BALTIC AV
0.06
LOCAL
ACHILLES CC
ACHILLES DR
CUL DE SAC
0.14
LOCAL.
NCHILLES DR
REASOR DR
CUL DE SAC
0.36
LOCAL.
ACKISS AV
LONGSTREETAV
NOIU'OLK AV
0.36
LOCAL
ADLER AV
DECLARATION RD
SIRINE AV
0.28
LOCAL
ADMIRAL, DEGRASSE WY
PRINCESS ANNE RD
COURTHOUSE RD
0,22
LOCAL
AEGEAN CC
BALFOR DR
li CUL-DE-SAC
0.06
LOCAL
AKINBURRY RD
RAYNOR DR
DEAD END
0.20
LOCAL
ll.EW1FECT
DA VINCI DR
CUL -DF -SAC
0.12
Total Lane Miles of LOCAL streets
1.80
Street Type
STREET
FROM
TO
LANE MILES
URBAN 11INOR ARTERIAL
1,YNNIIAVEN PK
.06 S IIOLLAND RD
HOLLAND RD
0.30
UI BAN MINOR ARTERIAL
1,YNNHAVEN PK
DAHLIA DR
.06 S HOLLAND RD
7.72
URBAN MINOR ARTERIAL LYNNIIAVEN PK
Thursday, November 18, 2010
HOLLAND RD INl'ERNA770NAL PW 9.54
Total Lane Miles of URBAN N1INOR ARTERIAL, streets: 17.56
Total Lane Miles of Additions/Replaced deletions: 19.36
Page] of 2
Street Tvoe STREET FROM TO LANE MILES
LOCAL.
1STI I ST
MEDITERRANEAN AV
BAUCIC AV
-0.20
LOCAL
ACHILLIES CT
ACHILLIES DR
CUL-DE-SAC
-0.14
LOCAL
ACHILLIES DR
RFASOR DR
CULrDE-SAC
-0.36
LOCAL
ACKISS AV
LONG ST
NS RR
-0.36
LOCAL
ADLER AV
SIRENS AV
DECLARATION RD
-0.28
LOCAL.
ADMIRAL DEGRASSE RD
COURT HOUSE DR
PRINCESS ANNE RD
-0.22
LOCAL
AFGEAN CT
BAITOR DR
CUL,DE-SAC
-0.06
LOCAL
AKINBURRY RD
RAYNOR DR
BARRICADE
-0.20
LOCAL
ALEWIFE C. I
DAV INCL DR
CUL�DE-SAC
-0.12
Total Lane Miles of LOCAL streets:
-1_94
Street Tvne
STREET
FROM
TO
LANE MILES
URBAN MINOR ARTERIAL
I.YNNIIAVEN PK
0.18 E DAHLIA DR
HOLLAND RD
-7.24
URBAN MINOR ARTERIAL
LYNNHAVEN PK
DAL ILIA DR
0.18 E DAHLIA DR
-0.72
URBAN MINOR ARTERIAL
LYNNIIAVEN PK
HOLLAND RD
RIVERBEND RD
-1.24
URBAN MINOR ARrER1AL
LYNNUAVEN PK
LYNNHAVEN RD
IN'1'ERNA'1'IONAI. PW
-2.08
URBAN MINOR ARTERIAL.
LYNNHAVEN PK
RIVERBEND RD
KINGS ARMS
-1.76
URBAN MINOR ARITRIAL.
LYNNHAVEN PW
KINGS ARMS
LYNNIIAVEN RD
-1.28
Total Lane Miles of URBAN MINOR AR'T'ERIAL streets :
-14.32
Total Lane Miles of Deletions/To be replaced : -16.26
Thursday, November 18, 2010 Page 2 of 2
�,• u eFilei
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Grant Funds from Smart Beginnings
South Hampton Roads and the Friends of the Virginia Beach Public Library to
the FY 2010-11 Operating Budget of the Department of Public Libraries
MEETING DATE: January 25, 2011
■ Background: Smart Beginnings South Hampton Roads (SBSHR) has approved
a second year of funding for Virginia Beach Public Libraries / GrowSmart to administer
the Early Learning Challenge (ELC) Grant Initiative for the City of Virginia Beach.
SBSHR, in partnership with The Hampton Roads Foundation and the Batten
Educational Achievement Fund of The Hampton Roads Foundation, will invest a total of
$2.5 million over five years in matching ELC grants to the five communities of South
Hampton Roads to implement their collaborative action plans. The total award amount
for Year Two is $154,250. These funds will be used to address the following action
items:
1. Support quality child care and business operational capacity of child care
centers;
2. Improve kindergarten transitions and provide shared professional development
opportunities for educators; and
3. Encourage young parents to stay in school and provide resources to raise
healthy children.
The City of Virginia Beach received an ELC grant award from SBSHR in the amount of
$165,750 to begin work in these three project areas during Year One of the grant cycle.
This initial investment allowed the GrowSmart team to survey community needs,
develop outcomes and launch programs. The following are accomplishments of the
Year One ELC grant:
1. The Young Parents Taskforce was created to survey the needs of teen parents.
Results indicated the need for educational programming involving child
development, nutrition, safety and employment. Three parenting and literacy
classes were delivered to teen mothers in Year One;
2. GrowSmart and Virginia Beach Public Schools collaborated to present a
Kindergarten Transitions workshop in December. Sixty Virginia Beach educators
attended the training and a Transition Taskforce is currently being formed to
include teachers, parents, school administrators and community representatives;
3. Eight childcare centers were sponsored by the City to participate in Smart
Beginning's Quality Rating and Improvement System (QRIS). QRIS defines
standards and creates a framework for accountability and acts as a consumer
education tool for families;
4. Four Virginia Beach centers completed courses from the Small Business
Development Center to learn skills in business management, marketing and
finance; and
5. The Virginia Beach GrowSmart Policy Board was established to oversee these
efforts and will continue to identify opportunities to leverage, sustain and
advocate for the initiative.
Acceptance of Year 2 ELC grant funds will allow the City to build upon these
successes arid strengthen established partnerships to improve the quality care, healthy
development and school readiness of young children.
■ Considerations: This five year grant opportunity for the City of Virginia Beach
requires a local match of $500,000 over the life of the grant. The match for year one
was previously satisfied. For year two, over $60,000 has been identified as matching
and in-kind resources for the ELC grant. Matching funds have been designated within
the GrowSmart operating budget and a $5,000 award from Friends of the Virginia
Beach Public Library has been secured to meet this requirement.
■ Public Information: Public information will be handled through the normal
Council agenda process. The Grant Agreement sets forth additional public
announcements and media communications requirements with which the department
will comply.
■ Recommendations: It is recommended that the grant award of $154,250 from
SBSHR and $5000 award from Friend of the Library be accepted and appropriated for
Year Two of the initiative.
■ Attachments: Ordinance
Recommended Action: Approve Ordinance
Submitting Department/Agency: Virginia Beach Department of Public Libraries
City Manager `�;" 's
U
1
2
3
4
5
6
7
8
9
10
11
12
13
AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
FUNDS FROM SMART BEGINNINGS SOUTH HAMPTON
ROADS AND THE FRIENDS OF THE VIRGINIA BEACH
PUBLIC LIBRARY TO THE FY 2010-11 OPERATING
BUDGET OF THE DEPARTMENT OF PUBLIC LIBRARIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $154,250 and $5,000 are hereby accepted from Smart Beginnings South
Hampton Roads and the Friends of the Virginia Beach Public Library, respectively, and
appropriated, with estimated revenue increased accordingly, to the FY 2010-11
Operating Budget of the Department of Public Libraries.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of 2011.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
r,
Management Services
CA11774
R-2
January 7, 2011
APPROVED AS TO LEGAL SUFFICIENCY:
Ci Qr e Office
viu B'n'n
v>)
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of
Agriculture and Consumer Services to Reimburse the City for a Portion of the
Cost to Acquire a Preservation Easement
MEETING DATE: January 25, 2011
■ Background: On January 27, 2009, City Council authorized the City Manager to
execute an Intergovernmental Agreement with the Virginia Department of Agriculture
and Consumer Services (VDACS). This agreement provided the opportunity to request
state funding through the Office of Farmland Preservation that would match local dollars
for easements acquired, not to exceed $49,900. The goal of the Intergovernmental
Agreement was to provide financial assistance for local programs to protect working
farm and forested lands. This agenda item requests appropriation of State funding to
reimburse some of the costs incurred by the City in August, 2010 for the acquisition of
an agricultural land preservation easement.
■ Purpose/Considerations: This item accepts and appropriates $49,900 from
VDACS to reimburse the ARP Special Revenue Fund for a portion of the easement
value ($288,344) for the Truman D. Baxter, Jr. property. The Baxter farm of 37.94
acres, located at 3457 Land of Promise Road, was enrolled in ARP on August 18, 2010.
The appropriation will help reimburse the cost of the U.S. Treasury STRIPS that were
purchased to fund the principal payment.
■ Public Information: Public information will be handled through the normal
Council agenda process.
■ Alternatives: If these funds are not appropriated and accepted, the funding will
not be available to reimburse the City for easement acquisition costs.
■ Recommendations: Accept and appropriate State funding from VDACS to the
ARP Special Revenue Fund.
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Department of Agriculturey1,
City Manager: S � • W-,
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FROM THE VIRGINIA DEPARTMENT OF
3 AGRICULTURE AND CONSUMER SERVICES TO
4 REIMBURSE THE CITY FOR A PORTION OF THE
5 COST TO ACQUIRE A PRESERVATION EASEMENT
6
7 WHEREAS, the ARP Special Revenue Fund is eligible for reimbursement from
8 the State for up to 50% of the value of the agricultural preservation easement for the
9 Truman D. Baxter, Jr. property; and
10
11 WHEREAS, the acquisition cost for this easement totaled $288,344.
12
13 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15
16 That $49,900 is hereby accepted from the Virginia Department of Agriculture and
17 Consumer Services and appropriated, with estimated state revenues increased
18 accordingly, to the FY 2010-11 Operating Budget of the Department of Agriculture to
19 partially reimburse the City for the acquisition of a preservation easement.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of .2011.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Management Servicesi y Att y's Office
CA11779
R-1
January 12, 2011
rV
4r
r
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Grant Funds to Support Programs to
Reduce Juvenile Delinquency for People with Mental Health Disabilities
MEETING DATE: January 25, 2011
■ Background: The Department of Human Services and Virginia Beach Court
Services Unit jointly applied for a Juvenile Accountability Block Grant from the Virginia
Department of Criminal Justice Services and were awarded a one-year extension of last
year's grant. The grant supports a project total of $55,158 ($49,642 in federal pass-
through funds and a local match of $5,516). This grant will provide programs that target
reducing juvenile delinquency for people with intense mental health disabilities.
■ Considerations: Notification of these additional Federal pass-through funds
was received subsequent to the City Council's approval of the FY 2010-11 Operating
Budget. The grant addresses a pressing service need. There are no new FTEs as part
of this request. The local match of $5,516 will be provided with the existing operating
budget of the Department of Human Services.
■ Public Information: The use of funds was discussed at the December 30th
Community Services Board meeting. Public information will be coordinated through the
normal Council agenda process.
■ Alternatives: Without the Juvenile Block Grant funds, these beneficial multi-
systemic therapy (MST) services for youth in the Juvenile Court Services Unit would not
be provided.
■ Recommendations: Accept and appropriate $49,642 in Federal pass-through
revenue from the U.S. Department of Justice and transfer $5,516 within the Department
of Human Services Operating Budget.
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Human ServicesR��11
City Manager: � `
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS TO SUPPORT PROGRAMS TO REDUCE JUVENILE
3 DELINQUENCY FOR PEOPLE WITH MENTAL HEALTH
4 DISABILITIES
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7 1. $49,642 in federal pass-through grant funding from the Virginia Department of
8 Criminal Justice Services is hereby accepted and appropriated, with federal revenue
9 increased accordingly, to the FY 2010-11 Operating Budget of the Department of
10 Human Services to support programs that target reducing juvenile delinquency for
11 people with intense mental health disabilities; and
12
13 2. $5,516 is hereby transferred within the FY 2010-11 Operating Budget of the
14 Department of Human Services to provide the required local match.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2011.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Management :services l ity Att y's Office
CA11781
R-1
January 12, 2011
i
�i
CITY OF VIRGINIA BEACH
AGENDA ITEM
J
ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Virginia
Department of Health for the Purchase of Defibrillators and Related Equipment
for Ambulances
MEETING DATE: January 25, 2011
■ Background: The General Assembly established the Four -for -Life program for
the purpose of providing financial assistance to volunteer rescue squads and municipal
EMS agencies to fund EMS program and projects. As required by Virginia Code 46.2-
694, the Four -for -Life program collects four additional dollars on each state automobile
license purchased annually. Twenty five percent of these funds collected are returned
to the municipality through the Rescue Squad Assistance Fund Grant Program for
equipment and supplies intended to enhance rescue / medical capabilities that will be
shared with volunteer rescue squads, career medics, and firefighters alike to increase
medical proficiencies and to enhance training and equipment.
The Virginia Department of Health, Office of Emergency Medical Services has awarded
the City's Department of Emergency Medical Services a Rescue Squad Assistance
Fund grant of approximately $23,368 to purchase three 3 -lead defibrillators and
associated medical equipment. A local match is required, and it accounts for 50% of the
cost to acquire these defibrillators. These defibrillators will be used to replace aging
defibrillators, some of which are over 10 years old, and are at the end or nearing the
end of their useful lives. This additional equipment and supplies are used to enhance
rescue / medical capabilities that will be shared with volunteer rescue squads, career
medics, and firefighters.
■ Considerations: The State Four -for -Life funds are strictly governed by State
Code to purchase additional or enhanced equipment or training needs and may not be
use to off -set or supplant current services. The funding for the local grant match of
$23,368 is available in the General Fund Reserve for Contingencies. As of January 7,
2011, the balance in the Reserve for Contingencies is $628,041.
■ Public Information: Public information will be provided through the normal
Council agenda process. .
■ Recommendations: Approve the attached appropriation and transfer.
■ Attachments: Ordinance
Recommended Action: Approval // _
Submitting Department/Agency: Department of Emergency Medical Services�GG
City ManageF:�r �— ,
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 GRANT FUNDS FROM THE VIRGINIA DEPARTMENT
3 OF HEALTH FOR THE PURCHASE OF
4 DEFIBRILLATORS AND RELATED EQUIPMENT FOR
5 AMBULANCES
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA THAT:
9
10 1) $23,368 is hereby accepted from the Virginia Department of Health, Office
11 of Emergencit Medical Services and appropriated, with estimated state revenues
12 increased accordingly, to the FY 2010-11 Operating Budget of the Emergency Medical
13 Services Department for costs of replacement defibrillators and related equipment; and
14
15 2) :323,368 is hereby transferred from the General Fund Reserve for
16 Contingencies to the FY 2010-11 Operating Budget of the Emergency Medical Services
17 Department tc provide the local grant match.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of , 2011.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Management. Services Ci d y's O ice
CA11780
R-1
January 12, 20' 1
t HL eeqCI
�vtiv
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Grant Funds for Regional Traffic
Engineering Training
MEETING DATE: January 25, 2011
■ Background: The Traffic Engineering Division of the Department of Public
Works has received a $15,000 Highway Safety Grant from the Virginia Department of
Motor Vehicles. The purpose of this grant is to provide training in traffic engineering for
the localities of Hampton Roads and VDOT's Hampton Roads district office. The
training will be provided by a leading institution in the traffic engineering field such as
Northwestern University, the National Highway Institute, or the University of Virginia.
For the last 20 years, the Traffic Engineering Division has been the leading agency in
bringing specialized traffic safety and traffic engineering training to the Hampton Roads
region.
■ Considerations: There is no cost share requirement for the grant; however,
there is an in-kind match in amount of $3,000, which includes City staff's time to plan
and administer the project.
Traffic engineering is a rapidly changing and expanding field, so there is a need for this
training. At this time, there is no institution in the Hampton Roads area that provides
specialized training in traffic engineering. Additionally, many localities have eliminated
out-of-state training.
■ Public Information: Public information will be handled through the normal City
Council agenda process.
■ Recommendations: It is recommended that City Council adopt the ordinance
accepting and appropriating funding from DMV for this regional training.
■ Attachments: Ordinance
Recommended Action: Approval of Ordinance
Submitting Department/Agency: Public Works P�
City Manager:'
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO ACCEPT AND APPROPRIATE
GRANT FUNDS FOR REGIONAL TRAFFIC
ENGINEERING TRAINING
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $15,000 from the Virginia Department of Motor Vehicles is hereby accepted
and appropriated, with State revenue increased accordingly, to the FY 2010-11 Operating
Budget of Public Works for regional traffic engineering training.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
2011.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
Management Services
CA11778
R-1
January 12, 2011
APPROVED AS TO LEGAL SUFFICIENCY:
04Attanpyls Office
f�v L7
s•yy P J
�J
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Funding from the City of Suffolk to
Continue Special Services to Blind and Physically Handicapped Customers
MEETING DATE: January 25. 2011
■ Background: The Virginia Beach Special Services Library ("Library") serves
people with impaired vision and other disabilities. Additionally, these services can be
accessed through the State Library in Richmond. Prior to FY 2011, these services were
offered in the ten cities and counties of the region. In the FY 2011 budget, services to
people outside the City were discontinued.
■ Considerations: The Department of Public Libraries ("Public Libraries")
contacted each city and county that had been served by the Special Services Library
and asked them if they desired for the Library to continue to provide these services at
cost. The City of Suffolk agreed to enter into a memorandum of understanding ("MOU")
with the City through Public Libraries to handle the direct circulation needs of eligible
Suffolk residents and to enable the librarian to do outreach in Suffolk to reach additional
visually impaired residents. Eligible residents of Suffolk will have access through the
Special Services Library to all the services provided by the National Library Service for
the Blind. As part of the MOU, the City will receive $5,483. The attached ordinance
accepts these funds and appropriates them to Public Libraries. Additionally, the
ordinance directs the City Manager to enter into the MOU with Suffolk.
■ Public Information: Information will be disseminated through the regular City
Council agenda notification process.
■ Recommendations: The Library Department recommends approval of the
attached ordinance.
■ Attachments: Ordinance; Summary.of Material Terms of the MOU
Recommended Action: Approve Ordinance
Submitting Department/Agency: Department of Public Libraries
City Manag ,
1
2
3
4
5
6
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AN ORDINANCE TO ACCEPT AND APPROPRIATE
FUNDING FROM THE CITY OF SUFFOLK TO CONTINUE
SPECIAL SERVICES TO BLIND AND PHYSICALLY
HANDICAPPED CUSTOMERS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
1. $5,483 is hereby accepted from the City of Suffolk and appropriated, with
estimated revenue increased accordingly, to the FY 2010-11 Operating
Budget of the Department of Public Libraries; and
2. The City Manager is hereby authorized and directed to execute a
Memorandum of Understanding, on behalf of the City of Virginia Beach, with
the City of Suffolk for the provision of Special Services Library services to the
citizens of the City of Suffolk. A summary of the material terms of this
Memorandum of Understanding is attached hereto.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2011.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
Management Services
CA11773
R-2
January 5, 2011
9
APPROVED AS TO LEGAL SUFFICIENCY:
y A by's Office
SUMMARY OF MATERIAL TERMS
AGREEMENT:
Memorandum of Understanding between the City of Virginia Beach and the City
of Suffolk ("Suffolk")
PURPOSE:
To provide for services from the Virginia Beach Special Services Library to the
blind and disabled citizens of Suffolk
MATERIAL TERMS:
City's Responsibilities:
1. Provide approximately eight hours of library technician -level work to support the
service needs of the blind and disabled in Suffolk;
2. Coordinate with Suffolk in outreach efforts to the blind and disabled in Suffolk;
and
3. Provide access to the Braille and Audio Reading Download services and the
National Library Service for the Blind's digital database of downloadable books.
Suffolk's Responsibilities:
1. Pay the City $5,483 to compensate for the services provided by the Special
Services Library and librarian staff time; and
2. Coordinate with the City in outreach efforts to the blind and disabled in Suffolk.
�, u B Sc
X44-``�
Z
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Establish Capital Improvement Project (CIP) #3-097, "CIT -
Aquarium Ticketing and Financial System Integration," and to Transfer Funds
from CIP #2-083 to CIP #3-097
MEETING DATE: January 25, 2011
■ Background: The Virginia Aquarium & Marine Science Center (Aquarium) and
its support organization, the Virginia Aquarium & Marine Science Center Foundation
(Foundation), generate $11.5 million in admissions, memberships, merchandise sales
and donated funds annually. The Aquarium sells an average of 635,000 admission
tickets annually without on-line ticketing capabilities. Currently four separate software
systems are used to process Aquarium and Foundation transactions. Information from
each system is manually extracted and then combined to produce organizational
financial data. The current Aquarium systems are functionally outdated and are failing
and/or are minimally supported by the vendors. In addition, these systems experience
significant delays and down-time, resulting in long lines and wait -times for patrons of the
Aquarium.
In order to improve efficiency of operations and enhance customer service at the facility,
the current systems need to be replaced with a business application solution that will
provide the Aquarium with an integrated software suite that will strengthen internal
controls, provide entry control, and manage on-site ticketing, general accounting,
grants, development activities, and point-of-sale, as well as online ticketing,
membership renewal and fundraising. Moving forward with the installation of the next
modules is especially important given the significant investment made by the City and
the Foundation to open the new exhibits contained in Restless Planet.
■ Considerations: The Foundation has purchased an integrated business
financial system from Blackbaud, and the City's ComIT Department has begun the
installation of the five module suite in the following order; on-site ticketing (Module 1),
online ticketing (Module 2), fundraising/membership (Module 3), general accounting
(Module 4) and retail store point-of-sale (Module 5). The first module, on-site ticketing
(Module 1), has been installed and funds have been expended for system design and
systems hardware and peripherals; however additional funds are needed in order to
proceed with the project. A total of $485,564 has been expended on the Blackbaud
project thus far from the Department's Operating budget, existing Aquarium facility CIP
funding, and $209,117 from the Aquarium Foundation. While the total funding for the
entire project is $875,564, the funding request for this portion of the project is $195,000.
Available funds have been identified in Roadways CIP #2-083, "Diamond Springs Road
Bridge Replacement." Because CIP #2-083 has been completed, these funds may be
transferred to a new CIP, #3-097, "CIT - Aquarium Ticketing and Financial System
Integration." With this funding, the Aquarium can complete the installation of the online
ticketing (Module 2) and fundraising/membership (Module 3). Funding for the
installation of the final two modules of this project, general accounting (Module 4) and
point-of-sale (Module 5), has been requested in the FY 2011-12 Capital Improvement
Program.
■ Public Information: The public will be informed through the normal agenda
process.
■ Alternatives: Without this additional funding, the online ticketing and
fundraising/membership modules cannot be installed. The Aquarium will continue to
operate under multiple systems that are not integrated and are failing, which affects the
Aquarium's ability to operate their daily operations efficiently.
■ Recommendations: Approve the attached ordinance creating CIP #3-097 and
transferring $195,000 from CIP #2-083 to CIP #3-097 for the installation of on-line
ticketing (Module 2) and fundraising/membership (Module 3), which are fundamental
components of the integrated business software solution for the Aquarium.
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: The Department of Museums
-
City Manager` k '�Ys oot
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AN ORDINANCE TO ESTABLISH CAPITAL
IMPROVEMENT PROJECT (CIP) #3-097, "CIT -
AQUARIUM TICKETING AND FINANCIAL SYSTEM
INTEGRATION," AND TO TRANSFER FUNDS FROM CIP
#2-083 TO CIP #3-097
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
1. CIP # 3-097, "CIT -Aquarium Ticketing and Financial System Integration" is
hereby established in the City Capital Improvement Program; and
2. $195,000 is hereby transferred from CIP # 2-083, "Diamond Springs Road
Bridge Replacement to CIP #3-097 for the purposes of installing a ticketing,
membership, and fundraising software suite for the Aquarium.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2011.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
1
�1
L,L�
(-,) -„
Management Services i y Att ey s ffice
CA11782
R-1
January 12, 2011
" •i
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer $147,416 from the Health Department to the
General Fund Reserve for Contingencies
MEETING DATE: January 25, 2011
■ Background: The City of Virginia Beach and the State share the cost of the
local Health Department with the State paying 55% and the City paying 45% of
mandated services.
The State does not set its contribution until after the City budget is approved. Therefore,
the City must estimate its portion of the local agreement and include that amount in the
City budget. Once the amount is set in the local agreement, the excess funds
appropriated by the City are typically transferred back to the General Fund Reserve for
Contingencies.
■ Considerations: The FY 2011 Operating Budget included $2,249,219 for the
local match for the Health Department. The Department of Management Services was
recently notified that the local match for FY 2011 will be $2,042,057. Earlier this fiscal
year, a transfer of $59,746 was approved for the purpose of continuing laboratory
services that were previously paid as part of the local agreement, and that transfer was
reported to Council on August 13, 2010. This transfer will move the remaining $147,416
to the General Fund Reserve for Contingencies. If this transfer, as well as the other
transfers being considered by City Council at today's meeting is approved, the
remaining balance in the General Fund Reserve for Contingencies will be $628,041.
■ Public Information: Public information will be handled through the normal
Council agenda process.
■ Alternatives: This funding could remain in the Health Department's budget and
would revert to fund balance at the conclusion of FY 2011.
■ Recommendations: It is recommended that $147,416 be transferred from the
Health Department Budget to the General Fund Reserve for Contingencies.
■ Attachments: None
Recommended Action: Approve Ordinance
Submitting Department/Agency: Department of Management Service CP?-
City Manage . A IL, Do-�
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AN ORDINANCE TO TRANSFER FUNDS FROM THE
HEALTH DEPARTMENT TO THE GENERAL FUND
RESERVE FOR CONTINGENCIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $147,416 is hereby transferred from the FY 2010-11 Operating Budget of
the Health Department to the General Fund Reserve for Contingencies.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2011.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Management Services I
CA11772
R-2
January 5, 2011
ft ney's Office
r�o-�t� uegr�l,
�4
a`
t` li
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer $50,000 from the General Fund — Reserve for
Contingencies to the FY 2010-11 Operating Budget of the Department of
Public Works for an Engineering Analysis to Determine the Feasibility of Using
the Chesapeake Light Tower to Study Virginia's Offshore Wind Resources
MEETING DATE: January 25, 2011
■ Background: The Virginia Offshore Wind Development Authority (VOWDA) was
created by the General Assembly in 2010 (Title 67, Chapter 12, Code of Virginia). The
mission of the VOWDA is to facilitate, coordinate, and support development of the
offshore wind energy industry, offshore wind energy products, and supply chain
vendors. VOWDA has identified the Chesapeake Light Tower as a unique asset for
wind development offshore of Virginia Beach. In the published report (attached), the
VOWDA identified, along with other issues, the need to put a 75 -meter high
anemometer on the light tower. The purpose of the anemometer is to provide data for
analysis and resource characterization of Virginia's Offshore Wind Resources. The
VOWDA sees this as a possible lower cost alternative to a new metocean tower
("metocean" is a shorthand conflation of "meteorology" and "oceanography").
■ Considerations: The Commonwealth has asked the City to proceed with an
engineering analysis of the Light Tower. This proposed engineering analysis would
determine the feasibility of placing an anemometer on the Light Tower as well as the
structural integrity of the platform. Since the light tower is already in existence, no
environmental analysis is needed at this time. The cost of the analysis is not
anticipated to exceed $50,000, and funding is available in the General Fund — Reserve
for Contingencies. As of January 7, 2011, the balance in the Reserve for Contingencies
is $628,041.
■ Public Information: Public information will be handled through the normal
Council agenda process.
■ Attachments: Ordinance, VOWDA report
Recommended Action: Approval
Submitting Department/Agency: Office of the City Manager
City Manager: �
1 AN ORDINANCE TO TRANSFER $50,000 FROM THE
2 GENERAL FUND — RESERVE FOR CONTINGENCIES TO
3 THE FY 2010-11 OPERATING BUDGET OF THE
4 DEPARTMENT OF PUBLIC WORKS FOR AN
5 ENGINEERING ANALYSIS TO DETERMINE THE
6 FEASIBILITY OF USING THE CHESAPEAKE LIGHT
7 TOWER TO STUDY VIRGINIA'S OFFSHORE WIND
8 RESOURCES
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
10 VIRGINIA:
11 That $50,000 is transferred from the General Fund — Reserve for Contingencies
12 to the FY 2010-11 Operating Budget of the Department of Public Works to provide an
13 engineering analysis for determining the feasibility of using the Chesapeake Light Tower
14 to study Virginia's offshore wind resources.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 2011.
APPROVED AS TO CONTENT:
Management Services
CAI 1771
R-1
January 5, 2011
APPROVED AS TO LEGAL SUFFICIENCY:
rney's Office
Meteorological Tower Placement Report to the
Virginia Offshore Wind Development Authority (VOWDA)
Virginia Department of Mines, Minerals, and Energy
December 7, 2010
The Virginia General Assembly, in 2010, established the Virginia Offshore Wind Development
Authority (VOWDA) to facilitate the development, either by the Authority or by other qualified
entities, of the offshore wind energy industry, offshore wind energy projects, and associated
supply chain vendors. One specific duty that VOWDA may undertake is collecting relevant
meteorological and oceanographic (metocean) and environmental data. The enabling legislation
requires DMME to prepare a report on "the appropriate placernent of meteorological towers and
necessary renovations to existing structures" (Reference 1). This report fulfills that requirement.
• Section I of this report describes the types of metocean data needed to inform and
accelerate offshore wind project development off Virginia.
• Section II catalogues the various metocean data sources that are now available on
Virginia's outer continental shelf (OCS).
• Section III describes the state-of-the-art in offshore wind resource assessment to achieve a
"bankable" project and recent results from Denmark that suggest how calibrated and
traceable ground-based vertical -profiling LIDAR (LIght Detection And Ranging) can
reduce uncertainty in estimating annual energy production, thereby improving project
financing terms.
• Section IV describes the existing uses and present status of the Chesapeake Light Tower
(CLT), and summarizes the opportunities and challenges posed by refurbishing it as a
metocean and environmental data collection platform. The CLT is the only "existing
structure" on Virginia's OCS to which the VOWDA enabling legislation applies
• Section V recommends a phased development approach whereby outfitting the CLT with
appropriate instrumentation will enable Virginia to begin characterizing its offshore wind
resource at a fraction of the cost of a new met tower in the initial phases of this work. This
will enable data analysis and resource characterization in a public process subject to peer
review, with wider dissemination of results more quickly than if such metocean
measurements were left entirely to commercial project developers. Additionally, this will
encourage more rapid growth of Virginia's offshore wind industry. Moreover, the
recommended instrumentation will be key assets for a proposed National Offshore Wind
Technology Center (NOWTC) based in Hampton Roads, which will be a foundational
enterprise to grow and attract offshore wind businesses and more quickly create new jobs
and capabilities in Virginia's offshore wind supply chain.
DMME would like to thank George Hagerman, of the Virginia Tech Advanced Research
Institute and the Virginia Coastal Energy Research Consortium for his invaluable assistance in
preparing and drafting this report.
I. Metocean Data Needs for Offshore Wind Turbine Selection and for Project
Financing, Design, Construction, and Operation
Urgent Need fDr Offshore Wind Data to Inform Turbine Selection
Wind developers and government agencies need metocean data to design, construct, and operate
offshore energy projects and for the attendant federal regulatory process. According to an
analysis by the Virginia Coastal Energy Research Consortium (VCERC; Reference 2), the
federal process; for an offshore wind project developer to obtain a non-competitive lease is
estimated to take between 10 and 21 months, while the competitive lease process could require
21 to 36 months. Thus, commercial wind projects in federal waters on Virginia's OCS might
need 1-2 years to obtain a non-competitive lease, or 2-3 years to obtain a lease if a competitive
lease auction is required. Note that these times may be shortened by the December 2010 changes
to the Bureau of Ocean Energy Management and Reclamation Enforcement (BOEMRE) leasing
process.
Once a commercial lease has been awarded, VCERC estimates that 3 to 5 years will be needed
for developme:�t activities (acquisition of met -ocean & geological/geophysical data for design,
acquisition of baseline environmental data, and securing an interconnection agreement, a power
purchase agreement, and project financing commitments). Ordering of long -lead items such as
turbines and sL.bmarine power cables, as well as securing offshore vessel charters, should occur
well before installation is scheduled to start and key permits should be in place before such large
binding orders are made.
Assuming that the BOEMRE decides to issue its Virginia Request for Interest (RFI) by the end
of 2010, the date when a developer can expect to have a lease for a commercial offshore wind
project in federal waters off Virginia will depend on whether or not a competitive lease auction
must be held to resolve competing interests and the success of BOEMRE's regulatory
streamlining.
Backing up from a project commissioning date of year-end 2018, long -lead items such as wind
turbines and submarine power cables should be supplied by year-end 2016, meaning that firm
orders for these major components should be placed no later than year-end 2014. As detailed in
Reference 2, having turbines supplied from an assembly plant in Hampton Roads rather than
from Europe could reduce the cost of an offshore wind project by $480 per installed kilowatt and
lower the cost of energy by $15 per MWh. In order for serial production from a new plant to
begin by year-end 2014 for turbine delivery by year-end 2016, a turbine manufacturer's decision
to invest in such a plant and qualify its supply chain should be made by year-end 2011. This
implies that key turbine design parameters, such as rotor swept area per unit generator capacity
and total tower -top mass per unit capacity, should be known as early as year-end 2011 to meet an
aggressive development schedule.
Metocean Data Needed for Project Financing, Design, Construction, and Operation
It is commonly thought that to obtain offshore wind project financing, a meteorological tower
must be erectec. within the project footprint, to measure wind speed and direction at multiple
2
elevations above sea level, up to a "best practice" elevation of at least 2/3 of turbine hub height
for at least one year in order for such data to be "bankable" (Reference 3).
One U.S. merchant project developer (Reference 4) estimates the cost of such a dedicated tower
to be $4 - $7 million, depending on location, type of foundation and the instrumentation that is
included. Another U.S. merchant developer (Reference 5) has documented offshore met tower
costs ranging from $2.5 million for the Cape Wind project (5-m water depth, 60-m height, with
three anemometer elevations) to over $10 million for the FINO-1 platform offshore Derumrk
(30-m water depth, 100-m height, with eight anemometer elevations).
Because obtaining such project -specific measurements is so costly, an increasing number of
European offshore wind farms are being financed based on revenue projections derived fiom
numerically modeled weather data, which have been validated by physical measurements near,
but not within, the project site (Reference 6). In responding to DMME's questionnaire soliciting
stakeholder input for this report, Virginia's incumbent electric utility has stated (Reference 7):
At this point in time, upgrading the CLT [Chesapeake Light Tower] should be
a priority, not to provide financing in preparation for a specific project, but to
provide more detailed information on the wind resource in order to prepare
Virginia for the offshore wind industry... Using the CLT to validate less costly
measurement devices in lieu of project -specific met towers provides useful data
for scientific evaluation, policy development, and initial project development.
Recent presentations by representatives from banks that have financed European offshore wind
projects have suggested that a much bigger revenue risk than uncertainties in the hub height wind
resource, per se, is the risk of lost revenues due to turbine inaccessibility for service visits caused
by poor weather (References 8, 9 and 10). This is particularly true considering that
inaccessibility is more likely to occur during high -wind periods when the output (and earned
revenue) of a properly functioning turbine would be greatest. The five key metocean parameters
governing offshore wind access are:
• Wind speed;
• Wave height;
• Wave period;
• Surface current speed; and
• Visibility. (Reference 11).
Optimizing offshore maintenance strategies requires a priori knowledge of these conditions in
order to design a project for least risk of revenue loss.
Metocean conditions also affect the design (e.g. appropriate floating equipment selection),
scheduling, and safe conduct of offshore construction activities: staging, transport and
installation of foundations, towers, turbines, and submarine power cables. Indeed,
representatives from banks who finance offshore wind projects suggest that one of the best ways
to mitigate against offshore wind project construction delays and cost-ovenuns is to develop
3
accurate metozean forecasting capabilities (References 6 and 7). The same five metocean
parameters that govern offshore access for maintenance also govern the design, scheduling and
safe conduct c f offshore construction activities (Reference 9).
Finally, reliable days -ahead forecasting of offshore wind conditions would improve the ability of
projects to operate cost-effectively in the PJM regional transmission market. In particular,
accurate wind speed forecasts reduce fees for load balancing and other ancillary seivices that
PJM would charge against interconnected offshore projects.
Based on the above considerations, this report recommends a metocean data collection and
environmental monitoring program that will attract lower-cost financing terms for offshore wind
projects on Virginia's continental shelf. This is based on evaluation of existing metocean data
sources (next section), the availability of the Chesapeake Light Tower as an existing platfonn of
opportunity (third section), and the long timetable before project developers will be able to
measure site-specific data on their commercial leases.
II. Existing lAetocean Data Sources on Virginia's Outer Continental Shelf
There are three; basic types of metocean data sources publicly available to offshore wind turbine
manufacturers, commercial project developers, and federal regulatory and permitting agencies:
measurements. forecasts, and hindcasts. Measured data sets may be relatively recent, with only a
few years of archived measurements. In some cases measurement archives may cover two or
three decades, which is comparable to the service life of an offshore wind project.
Existing operational metocean forecast products typically have a forecast horizon of one to two
days, although "Wavewatch III" operational wind and wave products have a forecast horizon out
to 180 hours (1.5 days). Some forecasts retain archives of their "nowcast" products (which are
based on present -time analysis and thus the most accurate), but such archives have been
maintained for just a few years. In some cases "nowcast" products are routinely discarded,
which represents a lost opportunity.
For estimating extreme storm conditions that might occur during the service life of an offshore
wind project, two to three decades of numerical model "hindcast" results are needed. Hindcast
products estimate what metocean conditions would have been like based on actual past
measurements of driving parameters such as atmospheric pressures and temperatures, while
forecast products are based on predicted estimates of driving parameter values in the future.
Existing metoc,-an measurement stations off Virginia are not suitable by themselves to meet the
measurement needs of a "bankable" offshore wind resource assessment. They can however
provide data points for physically validating any numerical metocean simulation models such as
hindcasts and forecasts or any future metocean model that might be developed specifically for
offshore wind development.
There are three operational metocean measurement stations on Virginia's OCS, which are
mapped in Figure 1. Access to near -real-time data for all three stations is available through the
main Web site of the National Data Buoy Center (NDBC), although the wave measuring buoy
off Virginia Beech is actually owned and operated by the Coastal Data Information Program
(CDIP) of Scripps Institution of Oceanography.
4
Figure 1: Existing metocean measurement stations on Virginia's Outer Continental Shelf.
NDBC station CHLV2 is part of NOAA's Coastal -Marine Automated Network (C -MAN) and
is located on the Chesapeake Light Tower 24 km (13 rani) east of Cape Henry in 12 m (39 ft)
water depth. It has been measuring winds and non -directional wave spectra since August 1984,
archiving 10 -minute average wind speed every hour. Starting in June 1989, 10 -minute average
wind speeds have been archived continuously. Wave measurements ceased in December 2004,
and sea surface temperature measurements ceased in August 2003. The following metocean
instruments still operate: wind speed and direction at an anemometer height of 43.3 m (142 ft)
above mean sea level (AMSL), atmospheric pressure at 23.4 in (77 ft) AMSL, and air
temperature at 22.3 in (73 ft) AMSL.
NDBC station 44099 is a Scripps Institution of Oceanography Waverider buoy located 18.5 km
(10 nmi) east of Cape Henry in 19 in (62 ft) water depth. It has been measuring directional wave
spectra and sea surface temperature since June 2008. Air-sea temperature difference is an
important input parameter for numerical modeling of the wind shear profile near the sea surface,
and this can be calculated using the air temperature measurement at CHLV2.
NDBC station 44014 is a 3 -meter discus buoy moored near the continental. shelf edge in 47.5 m
(156 ft) water depth, 120 km (64 nmi) east of False Cape. It has been measuring winds, waves,
air temperature, sea surface temperature, and atmospheric pressure since October 1990. The
wind sensor ceased functioning in March 2010 and will be repaired or replaced during NDBC's
next service visit. This station also has an acoustic Doppler current profiler (ADCP) that has
been measuring mean water velocity 3.8 in below the sea surface since March 2010. Short-range
visibility data (out to 1.6 nmi from buoy) were archived from July 1991 to December 1994.
5
Ill. State of the Art in "Bankable" Offshore Wind Resource Estimation
Types of Win& Measuring Instrumentation
A typical anemometry mast will have several anemometers (devices to measure wind speed)
installed at dif Ferent heights on the mast, and at least two wind vanes (devices to measure wind
direction). These will be connected to a data logger, at the base of a mast, via screened cables.
In the absence of an alternating current power supply (as is the case at most offshore sites), the
wind measuring system is battery operated, with battery charging via solar panel or small wind
turbine.
For some systems, particularly in cold climates, the measurement of the temperature is important
to assist with detection of anemometer icing. Temperature also factor into the calculation of air
density for wind power density estimates. Temperature also should be measured at multiple
levels in order to calculate heat flux, which is an important factor in applying numerical models
to extrapolate wind speed at elevations higher than the anemometer.
Remote sensing techniques are being developed rapidly, and such devices are expected to
become more widely used in the near future. These are ground-based upward -looking or
outward -looking devices that can measure wind velocities at a range of elevations without the
need for a conventional mast. There are two main sorts of devices:
• SODAR (SOund Detection And Ranging), which emits and receives sound and from this
infers the wind speed at different heights using the Doppler shift principle; and
• LIDAR (LIght Detection And Ranging), which also uses the Doppler shift principle, but
emits and receives light from a laser.
Although vertical -profiling SODARs are three to four times less costly than vertical -profiling
LIDAR units, they suffer from poor performance in the rain and at high wind speeds. They also
are too large to be mounted on buoys. Therefore this report focuses on the remote sensing
applications of LIDAR units.
Signals that would typically be recorded for each anemometer (or at each target elevation for a
LIDAR unit) are as follows:
• mean (ten-minute average) wind speed;
• maximum (moving three -second average) gust speed;
• true standard deviation of wind speed; and
• mean wind direction.
In recent years, it has become standard practice to download data remotely, via either radio
modem or a satellite link. This approach has made managing large quantities of data more
efficient and less costly than manual downloading by service personnel. It also has the potential
to improve data availability, since failed or faulty sensors can be detected in near real time.
The key analyses to be performed on the mean wind speed and direction data is to develop a
long-term (20- to 30 -year) probability distribution of wind speeds and a wind direction rose.
Other meteorological inputs to a project's annual energy production analysis are the long-term
Con
site air density and site turbulence intensity (as characterized by the standard deviation of wind
speed during a 10 -minute averaging period). While still important, these are of secondary
influence on the estimated energy production of a wind project, and their derivation is not
considered further in this report. It should be noted, however, that the turbulence intensity is very
important in determining the aerodynamic loading regime on the rotor and drive train of a
turbine and influences the life expectancy of the rotor blades and gearbox.
Using Short -Term Measurements to Develop a Long-Teim Resource Estimate
Even on land there is a general lack of wind data measured directly within a project site at the
hub height of the turbine. This is because wind projects have a service life of 20- to 30 -years,
while developers only have a 1- or 2 -year window of opportunity to undertake site-specific
measurements. Such a short measurement period does not necessarily represent the long-term
wind climate in which a project must operate.
As described in the previous section, the NDBC meteorological station on the CLT has been
measuring wind speed and direction at 43 in above sea level since 1984. This represents more
than 25 years of quality -controlled data at a fixed location. One may well ask if these data can
be directly used for offshore wind project development off Virginia.
This would require two spatial extrapolations, as shown in Figure 2: a vertical extrapolation
from the anemometer height of 43 in to the expected turbine hub height which is likely to be 90
or 100m above sea level, and a horizontal extrapolation from the CLT location to the wind
project site, which is likely to be a few tens of kilometers (in the range of 10 to 50 km) east of
the CLT.
neutral boundary layer
unstable •.
boundary :
layer
0
stable boundary layer
' with low-level jet
••• — tens of km ----1
1 a.
•' : 43 m
i
i
1
i
90 to loom
Figure 2: Uncertainties introduced by direct extrapolation of Chesapeake Light Tower data
to likely commercial offshore wind turbine sites off Virginia. See textfor explanation.
7
For feasibility -level analyses, a wind speed profile governed by a simple power law ratio or
logarithmic ratio between one elevation and another is assumed, as was done by VCERC for its
initial wind studies (Reference 2). Such an estimate is not bankable and VCERC analysis
suggests that the uncertainty in this type of simple extrapolation is in the range of 20% to 25%
(Reference 12;. A more sophisticated approach would be to use meso -scale or micro -scale
numerical m&.els to simulate the vertical profile of wind speeds above the sea surface, which
factor in sea surface roughness, heat flux, and the height of the boundary layer. As shown in
Figure 3, however, comparison between such models and tall mast measurements at the FINO-1
met tower off Denmark suggest they still are not sufficiently accurate for project financing.
11(
10(
9(
8(
T T
Z 6(
�' S(
4(
3C
2C
1C
Iv 14.J 1 1 1 1. IJ 14 14.J
mean wind speed [m/s]
11 11.5 12 12.5 13
mean wind speed [m/s]
Figure 3: Comparison between the average wind speed profile measured at FINO-I and
numerically simulated profiles using two different meso -scale models (upper graph) or a
commercial micro -scale model (WASP in lower graph). The research micro -scale model, ICWP,
shows promise i�ut is not validated for project financing purposes (Reference13 )
The aerial photograph of the CLT in Figure 2 suggests that this ocean area is a homogeneous
environrnent and that horizontal extrapolation of the CLT anemometer data might be possible.
Conceptually, it might appear that offshore wind resources ought to be relatively easy to predict,
due to the lack of topography and obstacles. Again, however, research in Dem -nark suggests that
wind resource estimation at offshore sites is more complex than usually believed.
Variable sea surface roughness under different wave conditions, atmospheric stability, and the
growth of the boundary layer with increasing distance from shore complicate the situation, but
also the land—sea discontinuity can have affects far offshore. In this flow regime, the wind speed
increases more rapidly with height than predicted by boundary layer theory. It should be noted
that these deviations, although caused by the coastal discontinuity, have been observed as far
offshore as 100 km (Reference 14).
The width of the coastal influence zone, and the wind's vertical (shear) and horizontal gradients
within that zone, depend on atmospheric stability, with wind speeds adjusting more slowly
(creating a wider zone of coastal influence) under stable atmospheric conditions. Modeling
suggests that within the coastal influence zone, wind speeds at typical turbine hub -heights can
change by up to 2 m/s over the horizontal extent of a large wind farm, depending on atmospheric
stability (Reference 15).
Finally, meso -scale phenomena such as sea breezes, low-level jets, and roll circulations, also
affect the wind speed and turbulence experienced by wind turbines in the offshore coastal zone.
Reference 12 describes research at Rutgers that shows the zone of sea -breeze influence can
extend up to 501crn offshore. Of particular concern is divergent, weak -wind zones associated
with sea breeze circulation cells that develop along the Mid -Atlantic coast during warm
afternoons, which are most prevalent during suns ner months of peak power demand.
Although the long -terns wind measurements at the CLT cannot be used directly, they represent
an excellent reference archive that can be used in the so-called "Measure -Correlate -Predict"
(MCP) method that is used to predict long-term wind speed distributions at a project site when
only short-term measurements are available at that site.
The MCP procedure as it might apply off Virginia is illustrated in Figure 4. On-site data is
would be measured for a short term (1- to 3 -years) on a proposed project site using calibrated
and traceable LIDAR equipment on either a fixed platform or a buoy. This type of equipment
provides wind speed measurements on the project site and across the entire span of the turbine
rotor swept area, including directly at hub height, so no vertical extrapolation would be needed.
If it can be established that there is good correlation between the short -terns site data and data
measured concurrently during the same period at the reference station (the CLT), then a linear
regression or other statistical relationship (see Reference 16 for analysis) can be used to re-create
(or "predict") what the long -terns history of wind speeds would have been at the project site
during the archive period of the reference station (since 1984 at the CLT).
Note that the MCP procedure assumes that the offshore wind climate for the past two decades
will not change substantially during the next two decades. This is a matter of some debate and
beyond the scope of this report. The general consensus among the scientific literature is that
offshore wind speeds off the Mid -Atlantic are likely to increase in coming decades (for example,
see References 17 and 18), such that MCP wouldyield conservative results off Virginia.
G]
A t
1�,pr
A.
Predicted lone -term record at site
CORRELATION
measufed
data at sile ~~~ -
r t
f CLT data archived
INYi Il I j fif���' <��f . I dmni� sauce period
CLT longi -tern. archive record !
50 to 60 to
43m
OR
Figure 4. Measure -Correlate -Predict (MCP) resource assessment procedure as it might apply
to commercial of ra-irzd project development qff Virginia. The lowest elevation scanned by
the site-based,' 1DAR (either on new fixed tower or moored buoy) should be used, far correlation
purposes, as this would be closest in elevation to the 43 m anemometer height at the CLT. Since
the LIDAR uni,:s measure additional elevations up to 150 m and higher, there would be no need
for vertical extrapolation to turbine hub height. See text for additional explanation.
Necessary conditions for a suitable longi term reference station described in Reference 19 are:
The archived reference data set includes data which has at least a one-year
overlap in time with the short-term measurements on site
2. It can be demonstrated that the data has been recorded using a consistent system
over tho period of both the concurrent and longer-term data. This should include
consideration of the position and height of the mast and the consistency of
equipment used, all of which have been well maintained at the CLT by the
National Data Buoy Center.
3. No potential changes to exposure of the reference station met mast. It is for this
reason that wind turbines (demonstration or conunercial) should be excluded from
within a 5 km radius circle around the CLT. Any changes to the measurement
equipment or surrounding exposure will render it useless as a reference site.
4. The Pearson correlation coefficient (r) between the short-term measured data at
the project site and the archived data at the reference station from the same
concurrent period should be at least 0.8.
10
Use of Fixed Vertical -Profiling LIDARs to Improve Project Financing Terms
As mentioned previously, there are four commercially available vertical -profiling LIDAR units.
Given the relative newness of this technology as compared with conventional anemometers that
use cups or propellers, this section examines the use of vertical -profiling LIDARs to improve the
"bankability" of a wind project by significantly reducing the uncertainty in hub -height resource;
assessment.
As exemplified by the FINO-1 platform off Denmark, to construct an offshore anemometer mast
that extends fully to the optimal hub height of modern offshore wind turbines, which is likely to
be 90 or 100 m, would cost more than $10 million. This is because substantial mast structure is
required to prevent swaying of the mast top. Because of the small platform deck area, the mast
must be cantilevered from the platform base without guy wire support. For this reason, it has
become accepted practice to construct offshore masts to 2/3 of hub height, as has been done for
the Cape Wind project in Nantucket Sound, where the meteorological mast extends to just 60 in,
whereas the proposed turbine hub height is 90 m.
A comprehensive field evaluation of cup anemometers and vertical -profiling LIDARs in flat
coastal terrain has been reported by the Risoe National Laboratory in Denmark (Reference 20).
This study compared the annual energy production (AEP) estimate of a 2 MW turbine with a hub
height of 100 in, as derived from four different measurement sources, with the following results
for uncertainty in the 90% confidence intervals for AEP estimates of Annual Energy:
• Class 1 cup anemometer at 100 in elevation (hub height measurement).
AEP uncertainty: ±0.5%
• Cup anemometer at 80 m elevation, with measurement -driven extrapolation to
hub height using WASP micro -scale numerical model with either default heat flux
or site-specific measured heat flux. AEP uncertainty: -1.7% to -2.8%
• Cup anemometer at 60 m elevation, with measurement -driven extrapolation to
hub height using WAsP micro -scale numerical model with either default heat flux
or site-specific measured heat flux. AEP uncertainty: -8.1% to -8.5%
• Vertical -profiling LIDAR (Leosphere WindCube) traceable to calibrated Class I
cup anemometer, measuring at 100 in target height. The largest source of error
for such LIDARs is the range estimate to the target height, causing the greatest
wind speed error when the vertical gradient in wind speed (i.e. shear) is greatest
(stable atmospheric conditions). AEP uncertainty: f2.5%
The cup anemometers were all Class 1 calibrated and well maintained, supported on a guyed
mast at the coastal Risoe field test center in Denmark. These results indicate that calibrated and
traceable WindCube vertical -profiling LIDARs in flat terrain yield AEP uncertainties for 100 in
hub height comparable to those from cup anemometers at 80 in elevation, and significantly better
than those from cup anemometers at 60 in elevation.
German field tests of the ZephIR continuous wave LIDAR and the WindCube pulsed LIDAR
have yielded similar results. The WindCube also was shown to be remarkably accurate in
measuring turbulence (standard deviation of wind speed) when compared with turbulence
measured by cup anemometers at an elevation of 135 in (Reference 21).
11
A critical question is whether or not vertical -profiling LIDAR data will be acceptable for
commercial project financing on the same terms as cup anemometer data. Until formal standards
for LIDAR-based resource assessment are developed (see Reference 22 for status), projects must
be assessed on a case-by-case basis. As stated in Reference 20:
It is very likely that with coming improvements well-documented LIDAR
measurements for hub -heights above 60 in in flat terrain will be similar in
precision to many "in field" cup anemometer set ups. Furthermore, the avoidance
of vertical extrapolation is likely to reduce the overall AEP estimate uncertainty.
To understand how reduced uncertainty translates into improved project financing terms, it
should be noted that resource assessments include Monte Carlo simulation -based statistical
analyses that incorporate a relatively small number of key uncertainties, which area assumed to
each have a normal probability distribution. The resulting AEP has an overall probability
distribution thEl associates energy production levels with a probability of those levels being
exceeded during a specified time period, such as one year, ten years, or the service life of the
project (see Figure 5). For example, a P90 of 110 GVvWyear means there is a 90% probability of
the project producing an annual average of 110 GWh during the specified time period. From the
perspective of a bank or investor, this means that there is only a 10% risk that the project will
produce less than this amount.
a
0
AEP statistic With P50=140.16GWh/y(SOMW wind farm+ 2800 hours equivalent)
0.045 .._- ........ - ..
0.04 --- -------- --L ,i-
i
0.035-
jj
0.03 !.-. P90 ..........
r�value
--
80 I'S 90 9S 100 JOS ITO -77S '720 1ZS 130 -I;s ZVO ZQS .ISO 'ISS -160 J6S -7->a JAS J190 Jd'S 190 19S ZOO
Estimated AEP [GWh/y]
Figure 5. Annual Energy Production (AEP) probability distribution for a hypothetical 50 MW
wind project Wth two levels of overall uncertainty, which include resource uncertainties (the
primary focus of this report) as well as uncertainties in turbine performance and long-term
reliability. The objective of any VO WDA facilitated metocean measuring program off Virginia
will be to reduce uncertainties associated with vertical extrapolation of wind speed profiles to
hub height and horizontal extrapolation of wind speed data from the CLT or a project -centered
met tower due io spatial variability across an offshore lease at different turbine locations.
Source of graphic: Reference 23.
12
Based on such a statistical approach, Figure 5 illustrates how reduced uncertainty yields a
larger value of P90 energy production, which thus translates into a higher revenue stream.
Both cases have the same mean (P50) annual energy production, but when the uncertainty
around that value decreases from ±15% to ±12%, the annual energy production increases
by more than 5 GWh annually. This represents an increase in the guaranteed revenue
stream against which a project can secure debt financing, and this reduces the amount of
required equity investment (which costs more than debt and is not tax deductible).
Note that the uncertainty analyses presented in typical wind energy resource assessments
assume that the turbines will perform according to the manufacturer's power curve and
will have a minimum availability. The turbine's power performance and availability are
usually covered by specific warranties from the turbine manufacturer. Any consideration
of the uncertainty contributions from these parameters requires third -party review of the
turbine performance curves and the turbine supply contract, both of which are generally
outside the scope of a `standard' wind energy resource assessment.
Wind energy in general and offshore wind in particular is fundamentally different from
other generation in its risk profile, in both resource and non -resource aspects. A fossil
fuel or conventional hydro generation plant involves a well behaved resource exploited
by a small number of turbines in an interior space close to operation and maintenance
infrastructure. In contrast, as stated in Reference 22, "wind power entails the exploitation
of a highly variable and intermittent resource which has characteristics that cause stress
and damage by a large number of highly dispersed assets in locations that present access
challenges." This is particularly true of offshore wind.
As stated in the previous section of this report, physically validated numerical metocean
models can be used to reduce uncertainties associated with construction cost overruns due
to "waiting on weather" during installation, accumulated fatigue damage, offshore access
for timely maintenance and repairs, and extreme event survival. Existing measurement
station on Virginia's OCS can be used to validate some aspects of such models, and the
metocean measurement equipment recommendations made in this report also can support
such physical validation. The primary focus of the next two sections, however, is the
establishment of metocean measuring equipment that will facilitate offshore wind
resource assessments to support annual energy production estimates and the associated
guaranteed revenue stream that developers can offer to secure low-cost project financing.
Buoy -Based Vertical -Profiling LIDARs and Volume -scanning LIDARs
In addition to the three fixed vertical -profiling LIDARs already discussed, there is a fourth
LIDAR profiling unit, manufactured by "Catch the Wind" of Manassas, Virginia, which has been
incorporated in the WindSentinel buoy marketed by AXYS Technologies in British Columbia.
This LIDAR unit was originally developed for near real-time turbine control using a nacelle -
mounted LIDAR measurement of incoming wind speeds 300 to 500 in upwind of the turbine.
Because it also has been used for wind shear- sensing aboard helicopters, its motion correction
algorithms have been adapted for use on buoys.
Initial sea trials of the WindSentinel buoy off Vancouver were conducted in November and
December of 2009. Buoy -mounted LIDAR wind speeds were compared with readings taken
13
from a stationary LIDAR located 750 meters away on Race Rocks Island (Reference 24). To the
principal author's knowledge, results from these trials have not been published. Fishermen's
Energy has proposed to use a WindSentinel buoy for resource assessment on its project off the
coast of New J.-rsey (Reference 25).
The British company that developed the ZephIR vertical -profiling LIDAR also has developed a
buoy -based version called the SeaZephIR. According to Reference 26, Deepwater Wind will
employ a SeaZephIR to measure the wind resource of Block Island, Rhode Island. Deepwater
Wind also has :proposed to use a SeaZephIR for its New Jersey project (Reference 25).
The U.S. Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) has
approved the use of these buoy -based vertical -profiling LIDARs on their interim -policy leases
off New Jersey, and the New Jersey Board of Public Utilities has determined that these systems
will qualify for the rebate that the state granted these developers for offshore wind measurement,
even though fixed towers were envisioned when the rebates were first awarded (Reference 25).
If the LIDAR range -finding height uncertainty introduced by buoy motions can be minimized by
heave -pitch -roll correction algorithms to the point where these vertical -profiling LIDARs have
the same accuracy as their fixed counterparts, then buoy -based LIDARs can make two key
contributions to reducing the overall AEP uncertainty for offshore wind projects. First, they can
reduce the uncertainty caused by vertical extrapolation of cup anemometer data to turbine hub
height from a shorter -than -hub -height mast. Second, being moored by moveable anchors, the
buoy can be redeployed around a large offshore lease area, to "map" the horizontal variability of
the wind resource. In order to have a sufficiently long measurement record for MCP algorithms
and account for seasonal variability, each buoy mooring site should be occupied for at least six
months, ideally up to a year.
The biggest advantage of buoy -mounted vertical -profiling LIDARs is their low cost relative to a
fixed offshore met tower. As noted earlier in this report, a new offshore met tower is estimated
to cost in the range of $4 million to $7 million. For this same cost, two or three buoy -based
LIDARs could be purchased. Moreover, in the 2- to 3 -year period that would be required to
obtain permits ;rnd geotechnical data for a fixed met tower, followed by a year's operation each
buoy could occupy 6 to 8 different turbine sites for six months per site. This would give a fairly
good picture of horizontal wind variability across a large offshore lease area, provided that the
short-term buoy data records are correlated with a nearby reference station, such as the CLT.
Note that BOE14RE does not require leases for any buoy deployment less than twelve months'
duration, and tlss represents another large advantage of a buoy -mounted LIDAR profiler.
Rather than moving buoys around for six months at a time, better coverage can be obtained by a
LIDAR that scz.ns a three-dimensional volume. The stationary Galion vertical -profiling LIDAR
also can be used in volume -scanning mode, but only out to a range of 2 km (Reference 27). This
is adequate for viewing the velocity deficit in the wake downwind of a nearby turbine (as shown
in Figure 6), but not sufficient to map a large offshore lease area.
The only commercial LIDAR unit for long-range volume scanning is the WindTracer offered by
Lockheed Martin. Originally developed for wind shear monitoring at airports (Figure 7), the
WindTracer ha,; demonstrated clear -air effective ranges of 15 to 25 km (Reference 28).
14
1
I
4
a
o
m
N
7
X00 .100 0 210 •130 U
Renge (m) Ping ;n1)
Figure 6 Horizontal slice through a Galion volume -scanning LIDAR measurement image
showing a distinct wake downwind of a wind turbine rotor. Source: Reference 27.
Figure 7. Vertical slice through a WindTracer volume -scanning LIDAR measurement image
along an airport runway, showing radial velocity relative to the measurement origin. Orange
represents 10 m/sec away from the origin, violet represents 10 m/sec towards the origin.
Source: Reference 29.
IV. Existing Uses and Present Status of the Chesapeake Light Tower
On 17 March 2010, the U.S. General Services Administration (GSA) issued a notice of surplus
property determination for the CLT, which is located approximately 24 km (13 nautical miles)
east of Virginia Beach. The structure consists of a light tower, an upper helicopter landing deck,
15
a middle deck of enclosed machinery and living quarters covering approximately 1,000 square
feet, and a lower, open maintenance deck, supported by four main pilings on a shoal area where
the local water depth is 12 in (39 ft). An outboard profile is shown in Figure 8.
fom
-k
!a I—Y
M&
d Line
Figure 8. Outboard profile drawing of Chesapeake Light Tower structure elevations.
The U.S. Coast Guard will continue to maintain its aids to navigation and access for such
maintenance, Eamd the National Data Buoy Center will continue to maintain its Coastal -Marine
Automated Network (C -MAN) metocean station, which included an anemometer that has been
measuring wind speed and direction at an elevation of 43 in above sea level since 1984.
The CLT also serves as an instrumented validation site for satellite measurements of cloud and
aerosol microphysics by NASA Langley Research Center (LaRC). The platform is small enough
that its "island effect" is negligible, which makes it an excellent site for ground -truth validation
of satellite measurements over the ocean (Reference30).
Until now, the Coast Guard has contracted structural inspections every two years at an estimated
cost of $50K per inspection. DMME and the City of Virginia Beach have on file the two most
recent inspection reports from 2006 and 2008, as well as the most recent underwater survey from
2004. NASA-LaRC performs annual inspections for health and safety and undertakes minor
repairs to railings and footings as necessary, roping off any unsafe areas.
Boat access was disabled when the landing and stairwell were carried off by Hurricane Isabel in
2003. As of September 2009, the Coast Guard was understood to have budgeted funds to replace
the boat landing and stairwell.
Access is now possible only by helicopter. Due to deterioration of some supporting structure
found in the Coast Guard's 2008 inspection, only helicopters lighter than 9,000 lb are permitted
to land. The cost of structural repairs in 2008 was estimated to be $1.2 million.
On April 7, 2010, NASA -Langley researchers and representatives from DMME, VCERC, and
the City of Virginia Beach discussed that the City was in the best position to move forward with
beneficial public use of the CLT. Under 40 U.S.C. 545 (b) (8), the GSA is negotiating sale of the
CLT to the City of Virginia Beach. The City's intended use of the platform for possible location
of an air traffic control radar repeater ("gap filler") station is entirely compatible with our
recommended outfitting of the CLT as an offshore wind research platform for possibly hosting a
wide variety of different instruments, including not only metocean instrumentation but also avian
detection and tracking radar, shipping vessel traffic monitoring radar, and lightning detection
sensors. The City is in ongoing discussions with GSA on the surplussing of the CLT and with
the Department of Defense on use of the CLT for gap filler radar.
It appears that the governing regulation for construction and operation of the CLT (including
subsequent modifications by the Coast Guard) has been the "Rivers and Harbors Appropriation
Act of 1899". Section 10 of this Act (33 U.S.C. 403) delegates authority to the U.S. Army Corps
of Engineers (ACOE) for review and regulation of certain structures and work that are located in
or that affect navigable waters of the United States. The OCS Lands Act extends the jurisdiction
of the ACOE, under Section 10, to the seaward limit of Federal jurisdiction.
It also appears that the GSA statement about ACOE regulatory jurisdiction of new uses is
derived from this authority. Therefore, any modifications to the CLT, such as installation of a
tall anemometry mast, or research activities adjacent to that structure (such as mooring a buoy -
based vertical -profiling LIDAR to be calibrated by the tall anemometry mast), could be regulated
by the ACOE and may require a Section 10 permit.
Given this regulatory status, BOEMRE will not require that Virginia obtain a right -of -use and
easement (RUE) under Subpart J (Rights -of -Use and Easement for Energy and Marine -Related
Activities Using Existing OCS Facilities) of the "Renewable Energy and Alternate Uses" rule.
BOEMRE's statutory authority for Subpart J is paragraph 8(p)(1)(D) of the OCS Lands Act (43
U.S.C. 1337(p)(1)(D)). Under this authority, as delegated by the Secretary of the Interior, the
then -MMS (now BOEMRE) "may approve activities that use, for energy or other marine -related
purposes, facilities that are currently or were previously used for other activities authorized under
the OCS Lands Act." The BOEMRE rule also states that Subpart J does not apply to those
activities authorized by another statutory authority or other applicable law. We believe that the
CLT falls in this latter category, based on its history and original primary function as a Coast
Guard aid to navigation, and therefore Subpart J would not apply. BOEMRE has confirmed this
interpretation and will not impose any other requirements beyond the regulatory jurisdiction
already held by the Corps of Engineers.
17
V. Recommended VOWDA Metocean Data Collection Program
Phase L• Conventional Anemometer Mast and Fixed Vertical -Profiling LIDAR on the CLT
Phase I would install a new self-supporting mast on the Chesapeake Light Tower (CLT) to
measure wind velocities with both mechanical and ultrasonic conventional anemometers at 45m,
60m, and 75m above sea level. This would be contingent on determining that the existing CLT
structure can accommodate such a tall mast. The ability to conventionally measure winds up to
notional turbine hub heights of 90 or 100 m will be constrained by having no ability to guy the
tower (due to helicopter landing requirements). The new mast will have to be self-supporting,
based on either the helicopter deck (which is 84.3 ft or 25.7 m above sea level) or the lantern
platform (which is 111.4 ft or 34.0 in above sea level).
Rough -order -of -magnitude cost estimates for this multi-level anemometry system range from
$300K (to reach 75 m) to $500K (to reach 105 m). Note that the cost of a fixed vertical -profiling
pulsed LIDAR, such as the WindCube or Galion, is roughly the same as the cost difference
between a 75 ri mast and a 105 m mast. Based on European test results that show good accuracy
and repeatability for these pulsed LIDAR profilers (References 19, 20, and 26), we recommend
that Phase I consist of installing a shorter met mast on the CLT with conventional anemometers
(individually calibrated and traceable) at 45 in, 60 in, and 75 in above sea level. In addition and
at the same time, we recommend also installing a pulsed vertical -profiling LIDAR adjacent to
the mast, measuring winds at targeted heights of at least 45 in, 60 in, 75 in, 90 m, and 105 in. If
the LIDAR un.t is not restricted to just five target heights, then measurements also should be
made at 120 m, 135 m, and 150 m above sea level. If the LIDAR unit has a great enough range,
then targeted heights of 165 m and 180 in also should be measured, giving a total of ten heights,
which is within the capability of at least one commercial system.
This Phase I setup will give Virginia a vertical profile baseline to begin correlating with the
climatological archive at the NOAA C -MAN station that has been measuring winds at 43.3 m
above sea leve:. since 1984. After six months of operation, this should be enough to perform
an analysis of optimal rotor swept area to identify appropriate turbine makes and models well
matched to the vertical profile of offshore wind speeds on Virginia's OCS. Phase I should be
targeted for installation on the CLT in the second quarter of 2011, such that six months of data
would be available for analysis in the last quarter of 2011.
Phase I also will serve as a fixed baseline set of conventional and fixed LIDAR vertical profiles
for verifying tl:_e accuracy of floating buoy -based vertical -profiling LIDARs and also verifying
the accuracy of fixed volume -scanning LIDAR at large horizontal offset ranges. These would be
major steps that have not yet been taken, which would greatly advance industry's ability to
accurately assess the offshore wind resource at many locations around an offshore project site.
Recall that the WaveSentinel buoy -based vertical -profiling LIDAR was compared with a fixed
vertical -profiling LIDAR located 750 in away. It is unknown what type of fixed LIDAR was
used for this comparison and whether it had been calibrated with cup anemometers before and
after these trials. Phase I will give Virginia a calibration site in waters immediately adjacent to
the CLT for supporting the development of new buoy -based vertical -profiling LIDARs as well as
customer acceptance testing of existing systems such as the WaveSentinel and the SeaZephIR.
M.
Phase II: Installation of a Fixed Volume-Scannina LIDAR on the CLT
Volume -scanning WindTracer performance has been verified only at inland locations. These
have shown effective ranges of 15 to 25 km in the clear mountain air of Colorado, although
many details of these tests have not been published.
Sea haze and humidity provide more aerosols for light reflection and a strong signal-to-noise
ratio, they also increase the atmospheric extinction coefficient for the laser beam. The head of
the LIDAR group at NASA -Langley suggests that 10 km (rather than 25 km) be considered as
our likely effective mapping range for volume -scanned wind velocities. This is very close to the
11 km monitoring range of avian radar operating in the marine S and X bands..
Even if the effective range for bankable accuracy proves to be only 10 km, this would still give
Virginia an affordable asset for measuring offshore wind turbine performance in an actual ocean
environment. Virginia can apply to BOEMRE for a Section 238 research lease located at a range
of 6 to 8 km' southeast of the CLT. These could be used as test pads for the National Offshore
Wind Technology Center (NOWTC) under a proposed being developed for the U.S. Department
of Energy's Advanced Technology Demonstration Project solicitation, expected to be issued in
the first quarter of 2011.
Test pad instrumentation will be needed to measure the incoming wind velocity immediately
upwind of the turbine rotors, across the entire span of the rotor swept area. An identical set of
measurements will be needed downwind of the turbine rotors, such that the turbine wake and
velocity deficit can be characterized at different downwind distances. These data are critical for
determining the optimal spacing between turbines in commercial projects and the wake -induced
turbulence that rotors and drive -trains must be designed to withstand. As shown in an aerial
photo of the Horns Rev 1 wind project off Denmark (Figure 9), wake -induced turbulence can
impact turbines at least five rows downwind of the leading upwind row at high wind speeds.
Figure 10 illustrates the two types of instrumentation that could be used to meet the above
objectives for the NOWTC test pads. One.alternative is to use two calibrated and traceable
buoy -based vertical -profiling LIDARs. Based on a recent quote from AXYS Technologies, the
cost of a single WindSentinel would be $1.3 million. This does not include ship time or
personnel to deploy the buoy, which would bring the cost to $1.5 million. Given a single sbip
mobilization, two WindSentinel buoys could be purchased and installed for a total estimated cost
of $2.8 million.
By comparison, the purchase of a WindTracer is estimated to cost $1.2 million per year, plus
$150K per year annual service contract (Reference 31). Installation on the CLT is estimated to
cost $200K to $300K. Thus, a fixed volume -scanning LIDAR would cost much less than two
WindSentinel buoys. More important for NOWTC operations, such a volume -scanning LIDAR
on the CLT could characterize the wakes of multiple test pad turbines at various downwind
distances, whereas a WaveSentinel buoy would have to be continually relocated, at considerable
cost for ship mobilization and crew time. Regardless of its ability to generate bankable wind
resource assessments at extended ranges of 15 to 25 km, a volume -scanning LIDAR on the CLT
that can demonstrate such accuracy at ranges of 5 to 10 km would be a key asset for Virginia,
giving us a unique advantage in competing for NOWTC funding from DOE and other sources.
19
Figure 10. Wake turbulence visualized by natural contrail formation at Horns Rev]. Wind
speeds here are much higher; and the wakes correspondingly longer; compared with the ambient
velocities show;z in the volume -scanning LIDAR image of Figure 6.Source: Reference 32.
Wa
Figure 11. Conceptual illustration of LIDAR instrumentation alternatives for testing offshore
wind performance and characterizing velocity -deficit in turbine wakes at NOWTC test pads.
20
The WindTracer can scan up to ten vertical elevations with a resolution of 10 in for a given
horizontal range sweep. NASA LaRC researchers also have developed a volume -scanning
LIDAR that is sufficiently light and compact that it can be flown aboard a DC -8 aircraft for
characterizing three-dimensional wind fields in a hurricane or severe thunderstorm at a safe
stand-off distance (Reference 33).
A budgetary cost estimate has been requested from NASA LaRC for the cost to fabricate a
prototype volume -scanning LIDAR for offshore wind mapping to a range of 25 km. Pending
receipt of this estimate, such a prototype is assumed to have the same cost as a commercial
WindTracer, based on the fact that NASA LaRC already has built similar volume -scanning
LIDAR prototypes for its DC -8 field trials and needs to undertake little additional development
work for offshore wind application (Reference 34).
Any new design of a volume -scanning LIDAR unit (as well as vertical -profiling LIDARs used in
Phase 1) should consider survivability and operability during hurricanes and tropical storms,
since reliable monitoring of wind speed and direction during these events is critical to effective
offshore wind turbine design in the Atlantic Ocean and Gulf of Mexico.
An important aspect of Phase II would be the field testing of a volume -scanning LIDAR unit on
the roof of an oceanfront hotel in Virginia Beach. A leading candidate for this might be the
Wyndham Hotel at 57th Street and Ocean Front Ave, which has an unobstructed line of sight to
the CLT (range 24.6 km, bearing 82.8°) and the existing conventional anemometer masts on the
first (range 14.6 km, bearing 308.8°) and third islands (range 18.8 km, bearing 334.1°) of the
Chesapeake Bay Bridge Tunnel (Figure 11). This is a 17 -story structure surrounded by the
residential housing neighborhood, which also gives it unobstructed lines of sight to coastal
anemometer masts at Little Creek Amphibious Base, Lynnhaven Fishing Pier, Cape Henry, Dam
Neck, and Sandbridge (Figure 12), as well as two inland masts at Norfolk International Airport
and Naval Air Station Oceana.
Adding such testing to the cost of a Lockeed-Martin WindTracer or a NASA LaRC prototype
unit, paying for installation and initial testing on the roof of the Wyndham Hotel, together with.
subsequent installation of the same unit offshore on the CLT, the cost of Phase II is estimated to
be in the range of $3 million to $3.5 million.
Onshore field testing of a volume -scanning LIDAR unit should begin by the end of the second
quarter of 2011, after the Phase I met station has been established on the CLT. Rooftop field
tests should be undertaken for nine months, with the unit then being moved to the CLT during
the second quarter of 2012, such that it can be established on the CLT by the end of June 2012.
This would be followed by mapping and monitoring of the NOWTC test pad area.
21
Figure 11. Ranges and bearings from the oceanfront Wyndham Hotel to the CLT and to the first
and third islands of the Chesapeake Bay Bridge Tunnel.
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Figure 12. Nive offshore, coastal, and inland anemometer masts within volume -scanning LIDAR
range of the Wvndham Hotel roof. In addition, James Madison University has installed a 50 m
met mast on the coast at Dam Neck Combat Training Center in south Virginia Beach.
22
Phase III: Installation of a New Met Tower or Buoy in the Virginia Cormnercial Lease Area
By early 2012, there should be at least six months of data from the oceanfront hotel field tests of
the Phase II volume -scanning LIDAR units, sufficient to determine the range to which they can
provide bankable offshore wind measurements for both resource mapping purposes and for
turbine field validation of performance curves (power output vs. wind speed plots). At this point
Phase III can take the form of two possible scenarios, as follows:
Scenario A: Volume -scanning LIDAR produces bankable wind speed data out to 10 km,
and results from tests by others (e.g., Fishermen's Energy) indicate that buoy -based
vertical -profiling LIDAR have sufficiently accurate and repeatable motion -correction
algorithms that these can provide bankable wind speed data when moored on a project
site or adjacent to a test turbine.
Activities: Move the volume -scanning LIDAR to an appropriate onshore
installation site for use at the onshore and near -shore test pads of the NOWTC.
Purchase two buoy -based vertical -profiling LIDARs and begin calibrating in
waters immediately adjacent to the CLT. Once calibrated, begin moving both
buoys around the Virginia commercial lease area, occupying potential project
sites for six months at a time to provide bankable offshore wind resource
assessments and scientific validation data for numerical metocean models.
Cost: $2.5 million to $3.5 million for purchasing two buoys, installing at
calibration site next to CLT, and then moving to four other site locations (two
sites per buoy per year).
Timetable: Calibrate buoys the second quarter of 2012. Offshore lease area
mapping at four buoy mooring sites (two per buoy) takes place from mid -2012 to
mid -2013, at which point buoys are ready for use as NOWTC instrumentation to
monitor offshore test pads.
Scenario B: Volume -scanning LIDAR produces bankable wind speed data out to 10 km,
but results from tests by others (e.g., Fishermen's Energy) indicate that buoy -based
vertical -profiling LIDAR are not sufficiently accurate to provide bankable wind speed
data.
Activities: Move the volume -scanning LIDAR to an appropriate onshore
installation site for use at the onshore and near -shore test pads of the NOWTC.
Begin permitting process and design activities for a fixed met tower to be sited
along the western boundary of Virginia's commercial lease area.
Cost: $4 million to $7 million, depending on type of foundation and the
instrumentation that is installed.
Timetable: Begin tower design and permitting activities in the first quarter of
2012. Anticipate installation 12 to 18 months later, such that six months of data
would be available for MCP analysis by end 2013.
23
Note that under Scenario A, the first six months of offshore wind mapping data would be
available by December 2012. This should be in time to inform any competitive lease auction
that might occur, assuming that Virginia issues its Request for Information (RFI) for commercial
offshore lease interests and nominations by the end of 2010. Scenario B could not yield six
months of data until the end of 2013. This still would provide bankable data at least one year
before any commercial developer could permit, design, and install a tower on a commercial lease
and collect six months of data under a competitive leasing process.
Although Scenario A provides the lowest -cost and most quickly available bankable wind
resource assessments, neither of them provides a fixed structure within Virginia's commercial
lease area. It has not yet been determined whether such a structure will be needed for avian
monitoring wish S -band or X -band marine radar, which have an effective range of only 11 km
(References 3_1' and 36). Discussions with avian experts and regulatory agencies will be required
to determine if marine or other types of radar on the CLT would provide sufficient data to
characterize avian activity over commercial lease sites located tens of kilometers farther east.
If the best available science indicates that avian activity is relatively homogeneous across this
stretch of ocean area off Virginia, then avian data collected by marine radar on the CLT may be
adequate for obtaining permits, particularly with the condition that additional marine radars
would be installed in the actual project site for post -construction avian monitoring. Typically,
such radars have been installed on offshore substation platforms (for example, see Reference 37).
Phase IV: Installation of a New Met Tower at the Eastern End of Virginia's Lease Area
This phase would have a cost of $4 million to $7 million, depending on the type of foundation
and instrumentation that is installed. This would enable Virginia to have a more complete
offshore wind snap of its commercial lease area. Figure 13 shows the recommended Section 238
research lease that VOWDA could obtain to implement the program recommended in this report.
These possible Section 238 leases are identified to the nearest aliquot, which is 1/16 of a lease
block and the smallest unit that BOEMRE will lease. The three recommended research leases
mapped in Figure 13 are as follows:
The thr,-e aliquots located southeast of the CLT () would be for NOWTC Stage III
turbine test pads.
• The single aliquot at would be the site of a fixed, horizontal -scanning LIDAR for
Stage I1.I, Scenario B, which would provide real-time imaging of the wind
velocity field in the western portion of Virginia's commercial lease area, as well
as a fixed platform for avian monitoring via S -band or X -band marine radar.
• The sin3,le aliquot at would be the site of a fixed, horizontal -scanning LIDAR for
Stage P1, which would provide real-time imaging of the wind velocity field in the
far eastern portion of Virginia's commercial lease area, as well as a fixed platform
for avian monitoring via S -band or X -band marine radar.
24
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Figure 13. Virginia offshore wind RFI area, showingpossible Section 238 research leases
Overall Budget Possibilities
The first two phases of the recommended program consist only of new equipment to be installed
on the CLT, costing $500K for Phase I and up to $3.5 million for Phase H for a total budget of
$4 million covering the first two phases.
Depending on early results from the second phase, Phase III could cost as little as $2.5 million or
as much as $7 million. If Phase II is successful in demonstrating the ability of volume -scanning
LIDARs to obtain bankable wind measurements at a horizontal offset distance of up to 10 km
(Scenario A), then Phase III could cost up to $3.5 million. Under this scenario, Virginia could
have six months of bankable offshore wind resource data over its potential first-round leasing
area by December 2012, at a total cost of $5 million to $7 million, and also have an established
volume -scanning LIDAR for its proposed near -shore and onshore test pads of the NOWTC.
25
If buoy -based vertical -profiling LIDARs prove to be inadequate for obtaining bankable accuracy
(Scenario B), t,len Phase III must install a new met tower in Virginia's lease area, at a cost of $4
million to $7 million. This would bring the total cost of all three phases to a total ranging from
$8 million to $11 million, with the first six months of bankable offshore wind data not available
until December- 2013.
Phase IV would cost an additional $4 million to $7 million, bringing the total program cost to a
range of $9 mi'lion to $14 million.
Note that even if Phase II verifies the long-range bankable wind measuring accuracy of volume -
scanning LIDA.Rs, regulatory requirements for avian monitoring over offshore project sites may
require a new fixed tower be installed to support marine radar monitoring well east of the CLT.
In this case, Virginia could still have six months of bankable offshore wind resource data over its
potential first-round leasing area by December 2012, at a total cost of $5 million. An additional
$4 million to $ 7 million would still be needed for the new tower, which could serve as a useful
long term re -calibration point for the volume -scanning LIDAR on the CLT. In this case, when
combined with a similar tower installed for Phase IV, the total budget for the entire program
could be as high as $19 million. It will be important to have the best science -based consensus to
inform this decision, which will be based on whether avian monitoring is required directly within
offshore project sites or whether CLT -based avian monitoring from tens of kilometers away will
meet regulatory and environmental permitting requirements.
we
References
1. Second Enactment Clause: House Bill 389 /Senate Bill 577, 2010 Virginia General
Assembly; http://le,(l.state.va.us/cgi-bin/legp504.exe?101+ful+CHAP0681
2. VCERC Offshore Wind final report
3. MEASENET Nov2009
4. Fishermen's Energy comments to DMME on met tower report (email) Aug 2010
5. Garden State Offshore Energy presentation Feb 2009
6. EWEC2010
7. Dominion comments to DMME on met tower report (Word doe) Aug 2010
8. Donaldson Investec Bank PLC EWEC2009
9. Dunlop HSH Nordbank AG EWEC2009
10. Dexia
11. EDF Evaluation of the Accessibility to an Offshore Wind Farm. EWEC2009
12. Hagerman MTS presentation June 2009
13. Multi -megawatt turbine article
14. Lange et al 2004
15. Barthelmie et al 2004
16. MCP analysis
17. Climate change A
18. Climate change B
19. Wind Energy The Facts
20. Risoe National Lab field study
21. German field study
22. Clive remote sensing standards status report
23. Windcube ROI poster
27
24. www.hydro-international.com/news/id3593-AXYS WindSentinel Trial a Success.html
25. NJBPU request for comments on NJ met tower rebate
26. www.blockislandtimes.com/view/full_storyJ9651080/article-Deepwater-still-aiming-for-
2012--stand-a:.one-cable-questioned?instance=home_news_lst right
27. Clive "See the Light" Galion overview
28 Lockheed -Martin WindTracer presentation
29. http://wwiv.optoiq.coin/index/photonics-technologies-applications/lfw-display/lfw-article-
display/14023 7/articles/laser-focus-world/volume-38/issue-4/features/laser-gyros-lidars-guide-
air-and-sp ace- -.raft.html
30. Richmonc. Times Dispatch article about NASA -Langley CERES project on the CLT at
www2.timesdi spatch. coin/news/2010/jun/27/clin-27-ar-232549.
31. Steve Woll, Weatherflow, personal communication
32. Horns Rev turbulence photo
33. NASA LaRC reference on DC -8 volume -sweeping LIDAR
34. Personal communication from Michael Kaviya, NASA LaRC
35 Danish Horns Rev and Nysted avian study report
36. UK avian monitoring guidance for offshore wind best practice
37. Belwind avian monitoring plan
W.
L. PLANNING
Application of CAPE HENRY RACQUET CLUB for Modification of Condition No. 2
(approved by City Council October 10, 1973) at 1350 Waterfront Drive to cover two (2)
existing tennis courts at the rear of the site
DISTRICT 6 - BEACH
RECOMMENDATION
APPROVAL
2. Application of WILLLIAM H. THUMEL, JR. for a Conditional Use Permit re an
indoor recreation (Bridge Club) at 4966 Euclid Road
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
3. Application of KEMP ENTERPRISES for a Change of Zoning from PD -112 Planned
Unit Development Overlay (A-24 Apartment) to P-1 Preservation at Bonney Road re
Open Space
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
4. Application of OCEAN TRACE CONDOMINIUM ASSOCIATION, INC. for a
Conditional Change of Zoning District Classification from A-18 Apartment to
Conditional A-18 Apartment at 1225 Old Virginia Beach Road to restrict the residential
units to no more than 48
DISTRICT 6 - BEACH
RECOMMENDATION
Application of OCEAN TRACE, L.C. for a Conditional Change of Zoning District
Classification from A-18 Apartment and A-12 Apartment to Conditional A-24
Apartment at 1225 Old Virginia Beach Road re 64 existing apartment units
DISTRICT 6 - BEACH
RECOMMENDATION
APPROVAL
6. Application of RAYMOND L. GOTTLIEB for an APPEAL of the City Manager's
Decision Pursuant to Section 7 of the Site Plan Ordinance re denial of the property
owner's request to construct a 34 -foot wide driveway
DISTRICT 5 — LYNNHAVEN
RECOMMENDATION APPLICANT'S REQUEST FOR
INDEFINITE DEFERRAL DUE TO
ATTORNEY'S ILLNESS
Ordinance to AMEND/REVISE the Comprehensive Plan by adopting the Interfacility
Traffic Area and Vicinity Master Plan
RECOMMENDATION
APPROVAL
NOTICE OF PUBLIC HEARING
Virginia Beach City Council will meet in the Chamber at City Hall, Municipal
Center, 2401 Courthouse Drive, Tuesday, January 25, 2011, at 6:00 p.m. The
following applications will be heard:
KEMPSVILLE DISTRICT
Willllam H. Thumel, Jr., Application: Conditional Use Permit for an Indoor
recreational facility at 4966 Euclid Road (1477132540).
Kemp Enterprises Application: Change of Zoning from PD-1-12 Planned Unit
Development Overlay (A-24 Apartment) to P-1 Preservation, South Side of Bonney
Road (GPIN 1477009793). Comprehensive Plan - SGA4/Pembroke.
BEACH DISTRICT
Ocean Trace Condominium Association, Inc. Application: Conditional Change of
Zoning District Classification from A-18 Apartment to Conditional A-18 Apartment
at 1225 Old Virginia Beach Road (GPIN 2417473777). Comprehensive Plan -
Suburban Area. .
Ocean Trace, L.C. Application: Conditional Change of Zoning District Classification
from A-18 Apartment and A42 Apartment to Conditional X24 Apartment at 1225
Old Virginia Beach Road (GPIN 2417473777; 2417471875). Comprehensive Plan
- Suburban Area.
Cape Henry Racquet Club Application: Modification of Conditions at 1350
Waterfront Drive (GPIN 2417387823).
LYNNHAVEN DISTRICT
Raymond L Gottlieb at 105 50th Street. (GPIN 1f 24188879700000). Appeal of
the City Manger's Decision Pursuant to Section 7 of the Site Plan Ordinance
(denial of the property owner's request to construct a 34-foot wide driveway).
CITY OF VIRGINIA BEACH
Ordinance to amend the Comprehensive Plan by adopting the Interfacility Traffic
Area and Vicinity Master Plan, October 2010.
All interested citizens are Invited to attend.
Ruth Hodges Fraser, MMC
City Clerk
Copies of the proposed ordinances, resolutions and amendments are on file and
may be examined in the Department of Planning or online at
htto://www,vbgov.com/oc For Information call 3854621.
If you are physically disabled or visually Impaired and need assistance at this
meeting, please call the CITY CLERK'S OFFICE at 385.4303.
BEACON: JAN 9 & JAN 16, 2011 22085672
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CAPE HENRY RACQUET CLUB, Modification of a Conditional Use Permit,
1350 Waterfront Drive (GPIN 2417387823). BEACH DISTRICT.
MEETING DATE: January 25, 2011
■ Background:
The Conditional Use Permit permitting a tennis facility was approved by the City
Council on October 10, 1973. This Conditional Use Permit has no conditions.
The applicant is requesting to construct a 12,954 square -foot indoor tennis
building over two existing tennis courts. The tennis building, located in the rear of
the Cape Henry Racquet Club property, will have dimensions of 105 feet by 120
feet. The side walls of the structure are approximately 16 feet in height. The total
height to the roof peak is proposed at 37 feet. This roof height of 37 feet will
require a Board of Zoning Appeals variance. The exterior of the structure shall
be a tension fabric in neutral colors of green and tan. The roof shall be white.
Recent cosmetic improvements have been made to the club and it is now time to
invest in protection of two courts from the elements for club members. The
applicant indicates that the structure will be used primarily for family based
programs and junior development.
In addition, a proposed 20 feet by 24 feet freestanding covered area over an
existing brick patio is requested.
■ Considerations:
The Cape Henry Racquet Club has been at this location since the 1970's. The
proposed modification to the 1973 Conditional Use Permit is reasonable. The
applicant is requesting covering of two tennis courts to the rear of the site
bordered by water on two sides and a treed section of the adjacent multi -family
complex.
This location for the indoor structure would not impact any adjacent dwellings or
property owners. This request is in conformance with the Comprehensive Plan
and is sensitive to the Special Area Development Guideline recommendations.
Staff recommends approval of this requested modification, as conditioned below.
Cape Henry Racquet Club
Page 2 of 2
There was no opposition to the request.
■ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 11-0, to recommend approval of this request to the
City Council with the following conditions:
1. The applicant shall obtain all required permits and inspection and a certificate
of occupancy from the Permits and Inspection Division of the City of Virginia
Beach Planning Department.
2. The proposed structure shall be installed on the two tennis courts as depicted
on the submitted exhibit entitled "CBPA VARIANCE EXHIBIT CAPE HENRY
RACQUET CLUB" prepared by Gallup Surveyors and Engineers, Ltd. and dated
August 17, 2010. Said exhibit has been exhibited to the City of Virginia Beach
City Council and is on file in the Planning Department.
3. The Exterior building color scheme shall limited to earth tones.
4. Exterior lights shall be turned off by 10:00 p.m.
5. Consistent with the Zoning Ordinance no signage, freestanding, on the
building or otherwise shall be permitted on the site unless a Board of Zoning
Appeals Variance is approved.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department'
City Manager: I ,
H};ICH
20
December 8, 2010 Public Hearing
APPLICANT /PROPERTY OWNER:
CAPE HENRY
RACQUET CLUB
STAFF PLANNER: Karen Prochilo
REQUEST:
Modification of a Conditional Use Permit for outdoor recreation facility (tennis) — approved by the City Council
on October 10, 1973.
ADDRESS / DESCRIPTION: 1350 Waterfront Drive
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24173878230000 BEACH 161,148 square feet Greater than 75 dB DNL
3.7 acres APZ-2
SUMMARY OF REQUEST
The Conditional Use Permit permitting a tennis facility was approved by the City Council on October 10,
1973. This Conditional Use Permit has no conditions.
The applicant is requesting to construct a 12,954 square -foot indoor tennis building over two existing
tennis courts. The tennis building, located in the rear of the Cape Henry Racquet Club property, will have
dimensions of 105 feet by 120 feet. The side walls of the structure are approximately 16 feet in height.
The total height to the roof peak is proposed at 37 feet. This roof height of 37 feet will require a Board of
Zoning Appeals variance. The exterior of the structure shall be a tension fabric in neutral colors of green
and tan. The roof shall be white.
Recent cosmetic improvements have been made to the club and it is now time to invest in protection of
two courts from the elements for club members. The applicant indicates that the structure will be used
primarily for family based programs and junior development.
CAPE HENRY RACQUET CLUB
Agenda Item 20
Page 1
In addition, a proposed 20 feet by 24 feet freestanding covered area over an existing brick patio is
requested.
LAND USE AND PLAN INFORMATION
EXISTING I -AND USE: outdoor tennis courts with gravel parking area
SURROUNDING LAND North: . Little Neck Creek
USE AND ZONING: . Offices and single family dwellings / 0-2 Office District and R-
15 Residential District
South: . Multi -family / A-18 Apartment District
East: . Waterfront Drive
• Multi -family / A-18 Apartment District
West: . Little Neck Creek
• Single-family homes / R-10 Residential District
NATURAL RESOURCE AND This site is located within the Chesapeake Bay Preservation
CULTURAL. FEATURES: Area/Resource Protection Area. The applicant has been before the
Chesapeake Bay Preservation Area Board and the variance was
granted approval with conditions.
COMPREHENSIVE PLAN:
The Comprehensive Plan identifies this site as being in the Suburban Area. The Plan advocates protecting
the overall character, economic value, and aesthetic quality of suburban neighborhoods. Achieving these
goals requires a careful mix and compatibility between non-residential and residential land uses in terms of
proper buffering, environmental responsibility, livability, and quality and attractiveness of site and buildings
(Pages 3-1, 3-2).
All development proposals in the Suburban Area should incorporate the 'Special Area Development
Guidelines' outlined in the Comprehensive Plan Reference Handbook. These guidelines provide specific site
design guidance for land uses in the Suburban Area that protects the integrity of existing neighborhoods,
complements adjacent land uses, incorporates crime prevention principles and enhances the overall function
and visual quality of neighboring properties and community (B-7 to B-13).
Non-residential development should incorporate solutions and design principles that foster a connection to and
sensitive of adjacent residential development. This can be accomplished through various methods such as
appropriate height, scale and mass.
Specifically, the design guidelines state that building mass, or overall size, and height of the structure should
be appropriate to the surroundings. It is important to remember that good design does not interrupt the existing
land uses or predominant character of the surrounding area, it complements it. To accomplish this, design
elements must include a scale and a mass that exhibit a good proportional relationship between the building
environment: and the adjacent residents because it relationship impacts how they will live, work and play in that
setting. Each component of a building should have good proportions to each other and a good ratio of building
mass to the spaces around it. Architectural features of these buildings should possess details that can be
CAPE HENRY RACQUET CLUB
Agenda Item 20
Page 2
appreciated and scaled to the residents. Building colors should complement the surrounding environment and
use to accent; not serve as the dominant structural feature or intrude upon surround uses.
Outdoor lighting should be designed to provide safe, attractive and appropriate degrees of illumination for the
proposed land use. It is important to avoid over -illumination in certain places including residential areas. All
outdoor lighting should be of a design that accentuates the site and provides sufficient illumination for the site
without projecting light and glare onto adjacent properties or into the sky. Pole standards and fixture design
should be of a style and scale that is complementary to the area. Lighting poles should be of minimum height,
possessing a pedestrian scale, but provide adequate illumination. Lighting of non-residential building should
be designed as an integral part of the building's architecture to be as unobtrusive as possible. (A-7, B-7 to B-
13).
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Waterfront
Drive is a two lane undivided local street. It is not shown on the MTP and is not the subject of any CIP
projects. Waterfront Drive terminates at this facility.
WATER: This site must connect to City water. There is a 6 -inch City water line in Waterfront Drive.
SEWER: No new sanitary sewer flows from the proposed improvements. Site currently utilizes a septic drain
field.
PARKS and RECREATION: No comments.
EVALUATION AND RECOMMENDATION
The Cape Henry Racquet Club has been at this location since the 1970's. The proposed modification to
the 1973 Conditional Use Permit is reasonable. The applicant is requesting covering of two tennis courts
to the rear of the site bordered by water on two sides and a treed section of the adjacent multi -family
complex.
This location for the indoor structure would not impact any adjacent dwellings or property owners. This
request is in conformance with the Comprehensive Plan and is sensitive to the Special Area Development
Guideline recommendations.
Staff recommends approval of this requested modification, as conditioned below.
CAPE HENRY RACQUET CLUB
Agenda Item 20
Page 3
CONDITIONS
1. The! applicant shall obtain all required permits and inspection and a certificate of occupancy from the
Permits and Inspection Division of the City of Virginia Beach Planning Department.
2. The- proposed structure shall be installed on the two tennis courts as depicted on the submitted exhibit
entitled "CBPA VARIANCE EXHIBIT CAPE HENRY RACQUET CLUB" prepared by Gallup Surveyors
and Engineers, Ltd. and dated August 17, 2010. Said exhibit has been exhibited to the City of Virginia
Beech City Council and is on file in the Planning Department.
3. The exterior building color scheme shall limited to earth tones.
4. Exterior lights shall be turned off by 10:00 p.m.
5. Consistent with the Zoning Ordinance no signage, freestanding, on the building or otherwise shall be
permitted on the site.
NOTE. Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning /Development Services Center and
Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
CAPE HENRY RACQUET CLUB
Agenda Item 20
Page 4
AERIAL OF SITE LOCATION
CAPE HENRY RACQUET CLUB
Agenda Item 20
Page 5
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PROPOSED SITE PLAN
CAPE HENRY RACQUET CLUB
Agenda Item 20
Page 6
PROPOSED BUILDING ELEVATION
CAPE HENRY RACQUET CLUB
Agenda Item 20
Page 7
Figure 1 CAPL HENRY RACQUE1 CLUB EN'TRANICL
Figure 2 LOCATION OF PROPOSED INDOOR FACILITY
PHOTOGRAPHS OF SITE
CAPE HENRY RACQUET CLUB
Agenda Item 20
Page 8
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7 WinruonnlfronSYrollers Modification of Conditions
# DATE REQUEST APPLICANT ACTION
No Zoning History to report in this vicinity.
ZONING HISTORY
CAPE HENRY RACQUET CLUB
Agenda Item 20
Page 9
411--ppDISCLOSURESTATEMEi�IT
�t
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. elow: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity,
relationship with the applicant: (Attach list if necessary)
"f ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or
3 other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if properly owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity,
relationship with the applicant: (Attach list if necessary)
❑ Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& See f .Xt page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes No
If yes, what is the name of the official or employee and the nature of their interest?
MoMcv6on of Cord4jons AppivcsW
Page 9R of 11
Revised 7/3107
CAPE HENRY F
D9Z
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
' "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
Y "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (ill) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I em r ble for obtaining and posting the required sign on the subject property at
least 30 days prior to scheduled public hearing according to the instructions in this package. The
undersigned also co96Vht3 to entry upon the subject property by employees of the Department of
Planning to photogrfio and_.v for purposes of processing and evaluating this application.
WdK=t& of GoMtws Appbc&W
Page 11 of 11
Revised 7/312D07
Print Name^
than applicant) Print me 111 rr`
CAPE HENRY f
Item #20
Cape Henry Racquet Club
Modification of a Conditional Use Permit
1350 Waterfront: Drive
District 6
Beach
December 8, 20:10
CONSENT
An application of Cape Henry Racquet Club for a Modification of a Conditional Use Permit for outdoor
recreation facility (tennis) approved by City council on October 10, 1973 on property located at 1350
Waterfront Drive, District 6, Beach. GPIN: 24173878230000.
CONDITIONS
1. The applicant shall obtain all required permits and inspection and a certificate of occupancy from the
Permits and Inspection Division of the City of Virginia Beach Planning Department.
2. The proposed structure shall be installed on the two tennis courts as depicted on the submitted exhibit
entitled "CBI'A VARIANCE EXHIBIT CAPE HENRY RACQUET CLUB" prepared by Gallup Surveyors and
Engineers, Ltd. and dated August 17, 2010. Said exhibit has been exhibited to the City of Virginia Beach
City Council and is on file in the Planning Department.
3. The exterior building color scheme shall limited to earth tones.
4. Exterior lights shall be turned off by 10:00 p.m.
5. Consistent with the Zoning Ordinance no signage, freestanding, on the building or otherwise shall be
permitted on the site unless a Board of Zoning Appeals Variance is approved.
NOTE. Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any :rite plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City Code,
including those administered by the Department of Planning / Development Services Center and
Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy,
are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)
concepts and strategies as they pertain to this site.
AYE 11 NAY 0 ABS 0 ABSENT 0
ANDERSON
AYE
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HORSLEY
AYE
Item #20
Cape Henry Racquet Club
Page 2
KATSIAS
AYE
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRANGE
AYE
By a vote of 11-0, the Board approved item 20 for consent with additional language to Condition 5.
Billy Garrington appeared on behalf of the applicant. There was no opposition to this application.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: WILLLIAM H. THUMEL, JR., Conditional Use Permit, indoor recreational
facility, 4966 Euclid Road (1477132540). KEMPSVILLE DISTRICT.
MEETING DATE: January 25, 2011
■ Background:
The applicant requests a Conditional Use Permit to allow a bridge club to operate
within three suites of an existing multi -unit office building. The bridge club
currently operates within the building, and was initially unaware of the
requirement for a Conditional Use Permit. The applicant leases approximately
2,987 square feet within the 19,450 square foot office building. Hours of play are
10:00 a.m. to 4:00 p.m. daily. Evening meetings are held from 7:00 p.m. to 10:30
p.m., two nights a week. The average attendance usually includes
approximately 52 senior citizens utilizing 13 tables at a time.
The site consists of a horse-shoe shaped office building centered on the lot with
a majority of the 86 parking spaces located in the center. The existing bridge
club is within suites located closest to the southeastern property line. No
landscaping, parking lot alterations, or exterior building modifications are
proposed by the applicant.
■ Considerations:
The bridge club is compatible with the other office uses within the complex and is
not expected to negatively impact any neighboring properties. The Zoning
Ordinance requires 30 parking spaces for a 2,987 square foot bridge club. The
site plan depicts 86 parking spaces.
Based on the City's Zoning Ordinance, the 86 parking spaces is not sufficient to
support the bridge club and other office uses within the building. Although, based
on staff visits to the site, there appears to be sufficient parking on-site for all uses
within the building, a parking variance is required. Staff anticipates that the
applicant will need a parking variance of approximately 5 parking spaces.
Staff recommends approval of the submitted application provided that the
applicant obtains all necessary permits, inspections, and variances within 90
days of approval, as conditioned below.
There was no opposition to the request.
William H. Thumel, Jr.
Page 2of2
■ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion loy a recorded vote of 10-0, to recommend approval of this request to the
City Council with the following conditions:
1. The applicant shall obtain necessary parking variance(s) from the Board of
Zoning Appeals within 90 days of approval of this Use Permit.
2. The applicant shall obtain all necessary permits and inspections from the
Planning Department / Permits and Inspections Division and the Fire
Department. The applicant shall obtain a Certificate of Occupancy for the
change of use from the Building Official within 90 days of approval of this Use
Permit.
3. No bulk storage and/or installation of temporary structures shall be permitted
on-site.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department F3a
City Manager-<��
�1
CUP for Indoor Recreation (Bridge CtuUi
REQUEST:
Conditional Use Permit (Indoor Recreation — Bridge Club)
ADDRESS / DESCRIPTION: 4966 Euclid Road
11
December 8, 2010 Public Hearing
APPLICANT / PROPERTY OWNER:
WILLIAM H.
THUMEL, JR.
STAFF PLANNER: Leslie Bonilla
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14771325400000 KEMPSVILLE 1.477 acres Less than 65 dB DNL
LEASE AREA:
2,987 square foot
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow a bridge club to operate within three suites of an
existing multi -unit office building. The bridge club currently operates within the building, and was initially
unaware of the requirement for a Conditional Use Permit. The applicant leases approximately 2,987
square feet within the 19,450 square foot office building. Hours of play are 10:00 a.m. to 4:00 p.m. daily.
Evening meetings are held from 7:00 p.m. to 10:30 p.m., two nights a week. The average attendance
usually includes approximately 52 senior citizens utilizing 13 tables at a time.
The site consists of a horse-shoe shaped office building centered on the lot with a majority of the 86
parking spaces located in the center. The existing bridge club is within suites located closest to the
southeastern property line. No landscaping, parking lot alterations, or exterior building modifications are
proposed by the applicant.
WILLIAM H. THUMEL,`'JR.
Agenda Item 11
Page 1
LAND USE AND PLAN INFORMATION
EXISTING (LAND USE: Office building complex
SURROUNDING LAND North:
. Industrial and office uses / 1-1 Industrial District
USE ANDZONING: South:
. Retail shops / B-2 Community Business District
East:
. Single-family homes / R-7.5 Residential District
West:
. Euclid Road
• Across Euclid Road is a mobile -home park / A-12 Apartment
District
NATURAL RESOURCE AND There are no known significant natural resources or cultural features
CULTURAL. FEATURES: associated with this site.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this site as an Urban Area and within the Pembroke Strategic Growth
Area 4 Implementation Plan (Pembroke SGA 4 Plan), Central Village District. This district is generally
bound by 1264, Kellam Road, Broad Street and Witchduck Road. It is presently dominated by a wide range of
light industrial uses, trade supply shops, auto -oriented businesses and commercial uses. The Pembroke SGA
4 Plan recommends that the Central Village District emerge as an eclectic, mid to low-rise mix of commercial
and urban residential uses and a focus of social and economic activity with a diverse multicultural
neighborhood and network of mixed-use, independent business. This area will include live -work, loft and row -
house residential buildings as well as smaller mixed-use commercial buildings. The area should further
establish a number of civic and open gathering places including urban plazas and parks (pp. 2-18 to 2-20).
Therefore, the future of this area, envisioned as a Central Village District within the greater Pembroke area, is
dramatically different than its present-day configuration of uses, streets, and open space and development of
this area will likely occur over the long-term. The proposed use is to be located within an existing commercial
structure suite. Both the existing structure and the use should be viewed as interim uses until such time that
this area transitions and infrastructure improvements are made as per the Pembroke SGA 4 Plan vision. This
proposed use is consistent with plan's goal of establishing mixed -uses and culturally -diverse uses in the
district.
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Euclid Road in
front of this :site is a two-lane undivided minor urban arterial. It is not included on the Master Transportation
Plan. There is a roadway Capital Improvement Program (CIP) project for this area. The Pembroke Area
Comprehensive Transportation Plan (CIP 2-238) is ongoing and involves a transportation study for the Central
Business District surrounding Town Center. This study will develop short-term, mid-term, and long-term
alternatives for transportation needs in the area that will improve the traffic flow in the Central Business
District.
WILLIAM H. THUMEL,`,:JR.
Agenda Item 11
Page 2
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Euclid Road
5,649 ADT
10,700 ADT
Existing Land Use — 40
ADT
Proposed Land Use 3 - 104
Average Daily Trips
s as defined by a 3,636 square foot office building
3 as defined by a 13 table bridge club
WATER & SEWER: This site currently connects to City water and sanitary sewer.
EVALUATION AND RECOMMENDATION
The bridge club is compatible with the other office uses within the complex and is not expected to
negatively impact any neighboring properties. The Zoning Ordinance requires 30 parking spaces for a
2,987 square foot bridge club. The site plan depicts 86 parking spaces.
Based on the City's Zoning Ordinance, the 86 parking spaces is not sufficient to support the bridge club
and other office uses within the building. Although, based on staff visits to the site, there appears to be
sufficient parking on-site for all uses within the building, a parking variance is required. Staff anticipates
that the applicant will need a parking variance of approximately 5 parking spaces.
Staff recommends approval of the submitted application provided that the applicant obtains all necessary
permits, inspections, and variances within 90 days of approval, as conditioned below.
CONDITIONS
1. The applicant shall obtain necessary parking variance(s) from the Board of Zoning Appeals within 90
days of approval of this Use Permit.
2. The applicant shall obtain all necessary permits and inspections from the Planning Department /
Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of
Occupancy for the change of use from the Building Official within 90 days of approval of this Use
Permit.
3. No bulk storage and/or installation of temporary structures shall be permitted on-site.
WILLIAM H. THUMEL, JR.
Agenda Item 11
Page 3
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning /Development Services Center and
Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of
Occupancy; are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
WILLIAM H. THUMEL, JR.
Agenda Item 11
Page 4
AERIAL OF SITE LOCATION
WILLIAM H. THUMEL,:JR.
Agenda Item 11
Page 5
;MCRI
)SON
EUCLID (VARIAULC MDTH R/W) NUAL)
(rORMERLY HDaAND KOAE- P- A! ;
(IRAPHIC SCALE
SITE LAYOUT
WILLIAM H. THUMEL, JR.
Agenda Item 11
Page 6
PHOTOGRAPH OF LEASE SPACE
WILLIAM H. THUMEL, JR.
Agenda Item 11
Page 7
ZONING HISTORY
WILLIAM H. THUMEL, JR.
Agenda Item 11
Page 8
KEA1,PSTYLLE
INIal) E-7
William H. Thumel, Jr.
4 3
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CUP for Indoor Recreation (Bridge Club)
#
DATE:
REQUEST
APPLICANT
ACTION
1
12/01/2009
Use Permit (religious use)
The Breaking of Day
Withdrawn
12/1411993
Use Permit (church expansion)
Tidewater Evangelical Free
Granted
Church
08/2811993
Use Permit (church)
Tidewater Evangelical Free
Granted
Church
2
10/2412006
Modification of Conditions
S & R Properties, LLC
Granted
02/2512003
Modification of Conditions
S & R Properties
Granted
01/2611999
Conditional Use Permit (bingo hall)
S & R Properties
Granted
3
06/2511990
Conditional Use Permit
Phillips Oldsmobile, Inc.
Granted
(automotive repair & storage)
4
-
07/02.11991
Conditional Use Permit (bulk
Tank Lines, Inc.
Granted
storage)
5
04/23,11991
Conditional Use Permit (bulk
Tidewater Towing, Inc.
Withdrawn
storage)
6
03/2812006
Conditional Use Permit (outdoor
Kevin Miller
Granted
recreational facility)
7
-
04/1312010
Conditional Use Permit (religious
Life Harvest International
Granted
use)
Worship Center aka New
I
I
I
Beginnings
I
ZONING HISTORY
WILLIAM H. THUMEL, JR.
Agenda Item 11
Page 8
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. b (Attach list if necessary)
1\'t Al, -k �- a),�P 1 . �f--
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
0 Check here if the applicant is NOT a corporation, partnership, firm, business, or
Zunincorated organization.
PROPERTY OWNER DISCLOSURE
Con only if property owner is different from applicant.
If tr is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses thpt have a parent -subsidiary' or affiliated business entity'
relationship with th applicant: (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& See next page for footnotes
C)
0=00K
1
1'W
Does an official or employee o the City of Virginia Beach have an interest in the
subject land? Yes No
If yes, what is the name of the o tial or employee and the nature of their interest?
Conditional use PeimH Application
Page 9 of 10
Revised 713=7
DISCLOSURE STATEMENT
WILLIAM H. THUMEL, JR.
Agenda Item 11
Page 9
P—
DISCLOSURE STATEMENT
C�
ORO-
1=4-
P14
Ri1=P1
1=4
/W4^
co J
r•�
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
"Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
P "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the Information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing. I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
plicant's Signature Print Name-�
t �t l I I Am 4 --] AI:4�
CorKirtmal Use Permit Appikation
Pam 10 or 10
P.v e7/InMF7
DISCLOSURE STATEMENT
WILLIAM H. THUMEL, JR.
Agenda Item 11
Page 10
Item #11
William H. Thumel, Jr.
Conditional Use Permit
4966 Euclid Road
District 2
Kempsville
December 8, 2010
CONSENT
An application of William H. Thumel, Jr. for a Conditional Use Permit for an indoor recreation facility
(Bridge Club) on property located at 4966 Euclid Road, District 2, Kempsville. GPIN: 147713
25400000.
CONDITIONS
1. The applicant shall obtain necessary parking variance(s) from the Board of Zoning Appeals within 90 days
of approval of this Use Permit.
2. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits
and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy
for the change of use from the Building Official within 90 days of approval of this Use Permit.
3. No bulk storage and/or installation of temporary structures shall be permitted on-site.
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City Code,
including those administered by the Department of Planning / Development Services Center and
Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,
are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)
concepts and strategies as they pertain to this site.
AYE 10 NAY 0
ANDERSON
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
ABS ABSENT 0
ABS
Item #11
William H. Thumel, Jr.
Page 2
STRANGE AYE
By a vote of 10-3, with the abstention so noted, the Board approved item 11 for consent.
Billy Garrington appeared on behalf of the applicant. There was no opposition to this application.
�-i
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: KEMP ENTERPRISES, Change of Zoning, PD -H2 Planned Unit
Development Overlay (A-24 Apartment) to P-1 Preservation, South Side of Bonney
Road (GPIN 1477009793). Comprehensive Plan — SGA4/Pembroke. KEMPSVILLE
DISTRICT.
MEETING DATE: January 25, 2011
■ Background:
In July 2010, this 5.9 acre site was rezoned from A-24 Apartment District to
Conditional A-24 Apartment District with a PD -1-12 Overlay for a 63 unit, single
family condominium development. In accordance with the requirements of the
Zoning Ordinance, the open space areas must be zoned P-1 Preservation
District. Often, the rezoning of the open space coincides with the rezoning itself,
however, the exact locations and dimensions of the open space were not yet
determined at the time of the rezoning.
■ Considerations:
This request for a change of zoning from Conditional A-24 with a PD -1-12 Overlay
to P-1 Preservation District is viewed by Staff as a "housekeeping" task in order
to fully execute the requirements of the July 6, 2010, change of zoning granted
by City Council. Consistent with the edict of the Zoning Ordinance, the
conditional zoning agreement stated that "...open spaces will be rezoned prior to
site plan approval and shall be maintained and used by the condominium
association consistent with the intent and regulations set forth in Article 3 of the
Zoning Ordinance." The Zoning Ordinance requires that property zoned PD -1-12
designate a minimum of 15 percent of the total land area as "open space" and
that this land be zoned P-1 Preservation District. As the total site is 5.9 acres,
0.88 acres (38,550 square feet) is required to be set aside as open space. The
site plan depicts 47,088 square feet of open space to be zoned P-1 Preservation
District. The larger of these P-1 areas include an open area in the middle of the
development with a walking path surrounding the proposed stormwater
management facility and open areas along the Bonney Road, parallel to the right-
of-way. Several "pocket parks" are designated as open space and will make
good areas for residents to curb their dogs, etc. Staff recommends approval as
submitted.
Kemp Enterprises, Inc.
Page 2 of 2
There was no opposition to the request.
■ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 11-0, to recommend approval of this request to the
City Council.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
x
Submitting Department/Agency: Planning Department fF: .
City Manager:
17
December 8, 2010 Public Hearing
APPLICANT & PROPERTY OWNER:
KEMP
ENTERPRISES,
INC., A VIRGINIA
CORPORATION
•z«r,,,.;w+-sr,.ak.. Cond#Gonad Zoning C#tinge ftarn R-24- to F"
STAFF PLANNER: Carolyn A.K. Smith
REQUEST: Change of Zoning (Conditional PDH -2 with A-24 Overlay to P-1 Preservation)
ADDRESS / DESCRIPTION: Southside of Bonney Road, 563 feet east of Kenley Road
GPIN: ELECTION DISTRICT: TOTAL SITE SIZE: AICUZ:
14770097930000 KEMPSVILLE 5.9 acres Less than 65 dB DNL
AREA TO BE
REZONED P-1:
47,088 square feet
SUMMARY OF REQUEST
In July 2010, this 5.9 acre site was rezoned from A-24 Apartment District to Conditional A-24 Apartment
District with a PD -1-12 Overlay for a 63 unit, single family condominium development. In accordance with
the requirements of the Zoning Ordinance, the open space areas must be zoned P-1 Preservation
District. Often, the rezoning of the open space coincides with the rezoning itself, however, the exact
locations and dimensions of the open space were not yet determined at the time of the rezoning.
LAND USE AND PLAN INFORMATION
Kemp Enterprises,Inc.
Agenda Item 17
Page 1
EXISTING LAND USE: Currently an undeveloped site with one single family dwelling
SURROUNDING LAND North: . Mobile home park, residential under construction / A-12
USE AND ZONING: Apartment District, A-12 Apartment District with PD -1-12 Overlay
South: . Single family dwellings / R -5D Residential District
East: . Single family dwellings / R -5D Residential District
West: . Single family dwellings / R -5D Residential District
NATURAL RESOURCE AND The property is located in the Chesapeake Bay watershed. The rear of
CULTURAL FEATURES: the site is partially wooded. There are no significant environmental or
cultural resources on this site.
EVALUATION AND RECOMMENDATION
This request for a change of zoning from Conditional A-24 with a PD -1-12 Overlay to P-1 Preservation
District is viewed by Staff as a "housekeeping" task in order to fully execute the requirements of the July
6, 2010, change of zoning granted by City Council. Consistent with the edict of the Zoning Ordinance, the
conditional zoning agreement stated that "...open spaces will be rezoned prior to site plan approval and
shall be maintained and used by the condominium association consistent with the intent and regulations
set forth in Article 3 of the Zoning Ordinance." The Zoning Ordinance requires that property zoned PD -1-12
designate a minimum of 15 percent of the total land area as "open space" and that this land be zoned P-1
Preservation District. As the total site is 5.9 acres, 0.88 acres (38,550 square feet) is required to be set
aside as open space. The site plan depicts 47,088 square feet of open space to be zoned P-1
Preservation District. The larger of these P-1 areas include an open area in the middle of the
development with a walking path surrounding the proposed stormwater management facility and open
areas along the Bonney Road, parallel to the right-of-way. Several "pocket parks" are designated as open
space and will make good areas for residents to curb their dogs, etc. Staff recommends approval as
submitted.
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this change of zoning application may require revision during
detailed site? plan review to meet all applicable City Codes and Standards. All applicable permits
required by the City Code, including those administered by the Department of Planning /Development
Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a
Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
Kemp Enterprises, Inc.
Agenda Item 17
Page 2
AERIAL OF SITE LOCATION
Kemp Enterprises,,.Inc.
Agenda Item 17
Page 3
GRAPHIC SCALE
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PROPOSED SITE LAYOUT
DEPICTING P-1 PROPOSED
ZONING (OPEN SPACE)
Kemp Enterprises,Inc.
Agenda Item 17
Page 4
lCiiJ
1
07/06/10
REZ (A-24 to Conditional A-24 with PD -H2 Overlay)
Granted
08/09/06
REZ (R -5D to A-24)
Granted
12/02/03
Subdivision Variance
Granted
11/10/98
MOD
Granted
12/09/97
CUP (church)
Granted
11/18/97
REZ (A-24 to R -5D)
Granted
10/08/96
REZ R - 5D to A-24 & CUP fraternal lode
Granted
2
1 04/05/05
REZ A-12 to Conditional A-24 with a PD -1-12 Overlay)
Granted
3
09/23/03
REZ A-12 to R -5D
Granted
4
04/09/96
MOD
Granted
ZONING HISTORY
Kemp Enterprises,Inc.
Agenda Item 17
Page 5
- 7
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firrn, business, or other unincorporated
organization, complete the following
1. List the applicant name followed by the names of al: officers members, trustees.
partners, etc. below: (Attach list if necessary)
Kemp Enterprises, Inc.: George Kemp, President'Secretary
2. List all businesses that have a parent -subsidiary or affiliated business entity
relationship with the appicaft (Attach list if necessary)
1-1 Check here if Vie applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section; only if property owner is different frons applicaril.
If the property owner is a corporation, partnership, firm. business or other
unincorporated organization, complete the following:
List the Property owner name followed by the names of all officers, members,
trustees, partners. etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary` or affiliated business entity
relationship with the appitcant: {Attach list Jriecessary)
. . .. . .............
Check here if the property owner is NOT a corporation, partnership. firm, business,
or otlne,, unincorporated organization.
See next Pap f fownalws
DISCLOSURE STATEMENT
Kemp Enterprises, Inc.
Agenda Item 17
Page 6
C)
P -M1114
C)
-&,
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services. accounting servicesand legai
services: (Attach list if necessary)
Kellam-Gerwitz
SyKes, Bourdon. Ahern & Levy, R.C.
' 'Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code § 22-3101.
` -Affiliated business entity relationship. means "a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity. (lit a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities: there are common or commingiec funds or assets: the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis: or there is otherwise a chose working relationship
between the entities." See State and Local Govemment Conflict of Interests Act. Va.
Code § 2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing. I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
according to the instructions W(h€s package.
Kelp Entetp Inc
BY ,�'�r'�:� � �`" �'A. George Kemp, President
Applt�ts 5:gnawre .' Prin, Name
Properly Owner's Signature W differer� than applicant, Pn?t Name
In 01w; iReZr 't A�.^-tea;,?
Kemp Enterprises, Inc.
Agenda Item 17
Page 7
Item #17
Kemp Enterprises, Inc.
Change of Zoning District Classification
South side of Bonney Road, 563 feet east of Kenley Road
District 2
Kempsville
December 8, 2010
CONSENT
An application of Kemp Enterprises, Inc. for a Change of Zoning District Classification from Conditional PDH -2
with a A-24 Overlay to P-1 Preservation District on property located on the south of Bonney Road, 563 feet
east of Kenley Road, District 2 Kempsville. GPIN: 14770097930000.
AYE 11 NAY 0
ANDERSON
AYE
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRANGE
AYE
ABS 0 ABSENT 0
By a vote of 11-1J, the Board approved item 17 for consent.
Eddie Bourdon appeared on behalf of the applicant. There was no opposition to the application.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: OCEAN TRACE CONDOMINIUM ASSOCIATION, INC., Conditional Change
of Zoning District Classification, A-18 Apartment to Conditional A-18 Apartment,
1225 Old Virginia Beach Road (GPIN 2417473777). Comprehensive Plan —
Suburban Area. BEACH DISTRICT
MEETING DATE: January 25, 2011
■ Background:
The applicant proposes to rezone the eastern portion of their existing A-18
property to Conditional A-18 for the purpose of restricting the number of
residential units on the site to no more than 48 units.
This subject site designated as Parcel B is located on the eastern portion of what
was once a 124 unit apartment community. The subject site currently depicts five
buildings with twelve units in each building. Recently 48 units (included in this
application) were renovated and converted to condominiums. One building of
twelve units will be converted to a non-residential use.
New financing to renovate 64 units on the western portion of the property has
been obtained but will not be converted to condominiums and remain
apartments. This necessitated the property to be subdivided from the
condominium portion of the site.
The land area of the condominium portion exceeds that which is needed for 48
condominium units; however the intent is to have a net reduction in existing units
by twelve and in potential new units by four.
■ Considerations:
On December 20, 2005 City Council adopted a compliance plan as part of the
City's efforts to address the BRAC Commission's decision regarding NAS
Oceana. In addition, the City and Navy entered into a Memorandum of
Understanding, through which City and Navy representatives jointly review
discretionary development applications for uses affected by AICUZ regulations.
This site is within the greater than 75 dB DNL noise zone. This application was
reviewed at the November MOU committee meeting and the request results in a
decrease in the number of existing residential units. The MOU committee finds
this Conditional Rezoning request reasonable.
Ocean Trace Condominium Association, Inc.
Page 2of3
The request to rezone the A-18 property to a conditional A-18 zoning to
resubdivide the property to secure funding to renovate and provide sound
attenuation is compatible with the land use principles of the Comprehensive Plan
and the City's AICUZ provisions.
The conditional rezoning is also supportive of the AICUZ provisions with regard
to reducing incompatible uses by proffering a net reduction of 12 existing
residential units by converting them to a compatible office with storage for
owners and tenants.
Staff recommends approval of this request contingent on the proffers provided
below.
There was no opposition to the request.
■ Recomrnendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 11-0, to recommend approval of this request to the
City Council with the following proffers:
The following are proffers submitted by the applicant as part of a Conditional
Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City
Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset
identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h),(1)). Should this application be approved, the proffers will be recorded at
the Circuit Court and serve as conditions restricting the use of the property as
proposed with this change of zoning.
PROFFER 1:
The Property is developed as a residential condominium currently containing forty-
eight (48) residential units and a twelve (12) unit residential apartment building on
"additional land" which will be added to the condominium, as depicted on PARCEL
"B" upon that exhibit entitled, "PRELIMINARY RESUBDIVISION OF 7.67 AC.
PARCEL_ Resubdivision of Property owned by BIRDNECK DEVELOPMENT
PARTNERSHIP AND PROPERTY OF OCEAN TRACE, L.C.", dated August 24,
2010, 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 (the "Concept Plan").
PROFFER 2:
By no later than one (1) year from the recordation of these Proffered Covenants,
Restrictions and Conditions in the Office of the Clerk of the Circuit Court of the City
of Virginia Beach, Virginia, that building located on Parcel "B", designated "BLDG.
1100" on the Concept Plan shall cease to be used for residential purposes. This
building may be converted to an office with storage for owners and tenants, and no
additional residential units shall be constructed on the Property. As a result, the
Ocean Trace Condominium Association, Inc.
Page 3 of 3
maximum number of residential units on the Property shall be forty-eight (48).
PROFFER 3:
Further conditions may be required by the Grantee during detailed Site Plan review
and administration of applicable City Codes by all cognizant City Agencies and
departments to meet all applicable City Code requirements.
STAFF COMMENTS: The proffers listed above are acceptable.
The City Attorney's Office has reviewed the proffer agreement dated August 30,
2010, and found it to be legally sufficient and in acceptable legal form.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: b`(A g
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12
December 8, 2010 Public Hearing
APPLICANT & PROPERTY OWNER:
OCEAN TRACE
CONDOMINIUM
ASSOCIATION,
INC.
STAFF PLANNER: Karen Prochilo
REQUEST: Conditional Change of Zoning (A-18 to Conditional A-18)
ADDRESS I DESCRIPTION: 1225 Old Virginia Beach Road
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
Portion of 2417473777 BEACH 4.190 acres Greater than 75 dB DNL
APZ 2
SUMMARY OF REQUEST
The applicant proposes to rezone the eastern portion of their existing A-18 property to Conditional A-18
for the purpose of restricting the number of residential units on the site to no more than 48 units.
This subject site designated as Parcel B is located on the eastern portion of what was once a 124 unit
apartment community. The subject site currently depicts five buildings with twelve units in each building
Recently 48 units (included in this application) were renovated and converted to condominiums. One
building of twelve units will be converted to a non-residential use.
New financirg to renovate 64 units on the western portion of the property has been obtained but will not
be converted to condominiums and remain apartments. This necessitated the property to be subdivided
from the condominium portion of the site.
The land area of the condominium portion exceeds that which is needed for 48 condominium units;
however the intent is to have a net reduction in existing units by twelve and in potential new units by four.
OCEAN TRACE CONDOMINIUM ASSOCIATION, INC
Agenda Item 12
Page 1
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: The site is occupied by two-story multi -family buildings with parking
SURROUNDING LAND North: . Old Virginia Beach Boulevard
USE AND ZONING: . Multi -family complex/ A-18 Apartment District
South: . Interstate 264
• City Park/ P-1 Preservation District
East: . Multi -family dwellings / A-12 Apartment District
West: • Linkhorn Bay
• Multi -family complex/ A-18 Apartment District
NATURAL RESOURCE AND The site is located within the Chesapeake Bay watershed. A majority of
CULTURAL FEATURES: the site is impervious, covered by buildings and parking areas.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this area of the City as Suburban Area. The overriding objective of the
Suburban Area policies is to protect the predominantly suburban character defined by the stable
neighborhoods of our community. The goal of preserving neighborhood quality requires all development
proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings and
attractiveness of the site and buildings (pp. 3-1 and 3-2).
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This parcel has
direct access to Old Virginia Beach Road, which is a two lane local street with a 50 -foot right-of-way width. Old
Virginia Beach Road is not referenced in the City's Master Transportation Plan and there are no Capital
Improvement Plan projects scheduled for this roadway.
PUBLIC WORKS / TRAFFIC ENGINEERING: The space for the proposed storage area within the existing
building was not included in the trip generation calculations due to the fact that there will likely be very minimal
and sporadic numbers of trips generated by this type of use.
Traffic Engineering foresees no traffic -related issues with the proposed use, as the trip generation is reduced
from that which the site is currently developed for
WATER and SEWER: This site connects to City water and City Sanitary Sewer.
SCHOOLS: No change in the number of students that this proposal will add to the schools.
OCEAN TRACE CONDOMINIUM ASSOCIATION, `;INC
Agenda Item 12
Page 2
EVALUATION AND RECOMMENDATION
On December 20, 2005 City Council adopted a compliance plan as part of the City's efforts to address the
BRAC Commission's decision regarding NAS Oceana. In addition, the City and Navy entered into a
Memorandum of Understanding, through which City and Navy representatives jointly review discretionary
development applications for uses affected by AICUZ regulations. This site is within the greater than 75
dB DNL noise zone. This application was reviewed at the November MOU committee meeting and the
request results in a decrease in the number of existing residential units. The MOU committee finds this
Conditional Rezoning request reasonable.
The request to rezone the A-18 property to a conditional A-18 zoning to resubdivide the property to
secure funding to renovate and provide sound attenuation is compatible with the land use principles of the
Comprehensive Plan and the City's AICUZ provisions.
The conditicnal rezoning is also supportive of the AICUZ provisions with regard to reducing incompatible
uses by proffering a net reduction of 12 existing residential units by converting them to a compatible office
with storage for owners and tenants.
Staff recommends approval of this request contingent on the proffers provided below.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
The Property is developed as a residential condominium currently containing forty-eight (48) residential units
and a twelve (12) unit residential apartment building on "additional land" which will be added to the
condominium, as depicted on PARCEL "B" upon that exhibit entitled, "PRELIMINARY RESUBDIVISION OF
7.67 AC. PARCEL Resubdivision of Property owned by BIRDNECK DEVELOPMENT PARTNERSHIP AND
PROPERTf OF OCEAN TRACE, L.C.", dated August 24, 2010, 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 (the "Concept Plan").
PROFFER 2:
By no later than one (1) year from the recordation of these Proffered Covenants, Restrictions and Conditions
in the Office: of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, that building located on
Parcel "B", designated "BLDG. 1100" on the Concept Plan shall cease to be used for residential purposes.
This building may be converted to an office with storage for owners and tenants, and no additional
residential units shall be constructed on the Property. As a result, the maximum number of residential units
OCEAN TRACE CONDOMINIUM ASSOCIATION, INC
Agenda Item 12
Page 3
on the Property shall be forty-eight (48).
PROFFER 3:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers listed above are acceptable.
The City Attorney's Office has reviewed the proffer agreement dated August 30, 2010, and found it to be
legally sufficient and in acceptable legal form.
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this change of zoning application may require revision during
detailed site plan review to meet all applicable City Codes and Standards. All applicable permits
required by the City Code, including those administered by the Department of Planning / Development
Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a
Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
OCEAN TRACE CONDOMINIUM ASSOCIATION, INC
Agenda Item 12
Page 4
AERIAL OF SITE LOCATION
OCEAN TRACE CONDOMINIUM ASSOCIATION, INC
Agenda Item 12
Page 5
§
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|
,
PROPOSED SITE PLAN
OCEAN TRACE CONDOMINIUM ASSOCIATION INC
Agenda Item j 2
Page 6
PHOTOGRAPH OF CONDOMINUMS
OCEAN TRACE CONDOMINIUM ASSOCIATION, INC
Agenda Item 12
Page 7
BEACH
1 -ria sc 4= [ltCall 11 aW.0 %_. (-IIIUU111111111111 1"I'SNOViM1011' lilt:.
ng with Conditions Proffers Conditional Zoning Change from A -f 8 to Conditional A-18
#
DATE
LI J5
_
ACTION
—
01/23/2001
Use Permit(Group home
E � • ? E sora
Granted
-0
09/28/1999
RORf
A10
Granted
10/29/1996
Use Permit (Communications
tower
BJ W
Granted
I'a
02/27/1996
Rezoning A-12 to R-10
Doris White -Harris
B2
4
. t
O
Joshua Darden Jr.
Granted
5
Q.
VERFRONT
Emily Outlaw
Granted
B
J
Al2{
fir. i4o xs y'�r
Granted
_ ei;�' �Al2_
AIZ
ng with Conditions Proffers Conditional Zoning Change from A -f 8 to Conditional A-18
#
DATE
REQUEST
APPLICANT
ACTION
1
01/23/2001
Use Permit(Group home
VB Dept Mental Health
Granted
2
09/28/1999
Rezoning RT -3 to Cond. A-36
Wendell C. Franklin
Granted
10/29/1996
Use Permit (Communications
tower
Primeco Personal
Granted
3
02/27/1996
Rezoning A-12 to R-10
Doris White -Harris
Granted
4
01/23/1996
Rezoning A-12 to R-20
Joshua Darden Jr.
Granted
5
01/11/1994
Rezoning A-12 to R-20
Emily Outlaw
Granted
6
05/25/1993
Rezoning A-12 to R-40
Sophia Owens
Granted
ZONING HISTORY
OCEAN TRACE CONDOMINIUM ASSOCIATION, INC
Agenda Item 12
Page 8
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Ocean Trace Condominium Association, Inc.: James B. Farinholt, Jr., President; Louis
G. Paulson, Director
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm; business, or other
unincorporated organization, complete the following:
1. List the property owner -name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity
relationship with the applicant: (Attach list if necessary)
❑ Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
TF—S. next page for footnotes
Conditiara: Rezoning Application
Page V of 12
Revised W 2004
DISCLOSURE STATEMENT
OCEAN TRACE CONDOMINIUM ASSOCIATION, INC
Agenda Item 12
Page_9
C
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Sykes, Bourdon, Ahern & Levy, P.C.
Inman & $Trickier, PLC
Gallup Surveyors & Engineers, Ltd.
1 "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va,
Code § 2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
according to the instructions in this package.
OceanT iniu soci lion, Inc.
BYO
James B. Farinholt, Jr., President
Appficant' Signature I Print Name
Property Owner's Signature (if different than applicant)
Print Name
Coeditbnne': Rezoning Appldwhon
Page 12 of 12
Rev,sed 91112OU
DISCLOSURE STATEMENT
OCEAN TRACE CONDOMINIUM ASSOCIATION, INC
Agenda Item 12
Page 10
Item #12
Ocean Trace Condominium Association, Inc.
Conditional Change of Zoning
1225 Old Virginia Beach Road
District 6
Beach
December 8, 2010
CONSENT
An application of Ocean Trace Condominium Association, Inc. for a Conditional Change of Zoning from A-
18 to Conditional A-18 on property located at 1225 Old Virginia Beach Road, District 6, Beach. GPIN:
portion of 2417,1737770000.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is
acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit
Court and serve as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
The Property is developed as a residential condominium currently containing forty-eight (48) residential
units and a twelve (12) unit residential apartment building on "additional land" which will be added to the
condominium, as depicted on PARCEL "B" upon that exhibit entitled, "PRELIMINARY RESUBDIVISION OF
7.67 AC. PARCEL Resubdivision of Property owned by BIRDNECK DEVELOPMENT PARTNERSHIP AND
PROPERTY OF OCEAN TRACE, L.C.", dated August 24, 2010, 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 (the "Concept Plan").
PROFFER 2:
By no later than one (1) year from the recordation of these Proffered Covenants, Restrictions and
Conditions in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, that building
located on Parcel "B", designated "BLDG. 1100" on the Concept Plan shall cease to be used for residential
purposes. This iouilding may be converted to an office with storage for owners and tenants, and no
additional residential units shall be constructed on the Property. As a result, the maximum number of
residential units on the Property shall be forty-eight (48).
PROFFER 3:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers listed above are acceptable.
The City Attorney's Office has reviewed the proffer agreement dated August 30, 2010, and found it to be
legally sufficient and in acceptable legal form.
Item #12
Ocean Trace Condominium Association, Inc.
Page 2
NOTE. Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this change of zoning application may require revision during
detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required
by the City Code, including those administered by the Department of Planning/ Development Services
Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this change of zoning are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)
concepts and strategies as they pertain to this site.
AYE 11 NAY 0
ANDERSON
AYE
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
LIVAS
AYE
REDMOND
AYE
RI PLEY
AYE
RUSSO
AYE
STRANGE
AYE
ABS 0 ABSENT 0
By a vote of 11-0, the Board approved item 12 for consent.
Eddie Bourdon appeared on behalf of the applicant. There was no opposition to this application.
In Reply Refer To Our File No. DF -7836
TO: Mark D. Stiles
FROM: B. Kay Wilso
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: January 13, 2011
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Ocean Trace Condominium Association, Inc.
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on January 25, 2011. 1 have reviewed the subject proffer agreement, dated
August 30, 2010 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/ka
Enclosure
cc: Kathleen Hassen --"�
f,
ZU3
9R4-
S
OF OUR
S
NPSICN
In Reply Refer To Our File No. DF -7836
TO: Mark D. Stiles
FROM: B. Kay Wilso
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: January 13, 2011
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Ocean Trace Condominium Association, Inc.
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on January 25, 2011. 1 have reviewed the subject proffer agreement, dated
August 30, 2010 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/ka
Enclosure
cc: Kathleen Hassen --"�
OCEAN TRACE CONDOMINIUM ASSOCIATION, INC., a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 3oth day of August, 2olo, by and between OCEAN
TRACE CONDOMINIUM ASSOCIATION, INC., a Virginia corporation, Grantor; and THE
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of that parcel of property located in the Beach
District of the City of Virginia Beach, containing approximately 4.190 acres which is more
particularly described in Exhibit "A" attached hereto and incorporated herein by this reference.
Said parcel is hereinafter referred to as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of
the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the
Zoning Classification of the Property from A-18 Apartment District to Conditional A-18
Apartment 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 Grantor acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of the
Property and at the same time to recognize the effects of change, and the need for various types
of uses, certain reasonable conditions governing the use of the Property for the protection of
the community that are not generally applicable to land similarly zoned are needed to cope
with the situation to which the Grantor's rezoning application gives rise; and
GPIN: 2417-47-3777 (Part of)
Prepared By: R Edward Bourdon, Jr., Esquire
Sykes, Bourdon, Ahern & Levy, P.C.
281 Independence Blvd.
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
1
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to
the public hearing before the Grantee, as a part of the proposed amendment to the Zoning
Map, in addition to the regulations provided for the A-18 Zoning District by the existing overall
Zoning Ordinance, the following reasonable conditions related to the physical development,
operation, and use of the Property to be adopted as a part of said amendment to the Zoning
Map relative and applicable to the Property, which has a reasonable relation to the rezoning
and the need for which is generated by the rezoning.
NOW, '(HEREFORE, the Grantor, for itself, its successors, personal representatives,
assigns, grantee, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any element of
compulsion or quid pro 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 Grantor, its successors, personal representatives, assigns, grantee, and other
successors in interest or title:
1. The Property is developed as a residential condominium currently containing
forty-eight (48) residential units and a twelve (12) unit residential apartment building on
"additional land" which will be added to the condominium, as depicted on PARCEL "B" upon
that exhibit entitled, "PRELIMINARY RESUBDIVISION OF 7.67 AC. PARCEL Resubdivision
of Property owned by BIRDNECK DEVELOPMENT PARTNERSHIP AND PROPERTY OF
OCEAN TRACE, L.C.", dated August 24, 2010, 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 (the "Concept Plan").
2. By no later than one (1) year from the recordation of these Proffered Covenants,
Restrictions and Conditions in the Office of the Clerk of the Circuit Court of the City of Virginia
Beach, Virginia, that building located on PARCEL "B", designated "BLDG. 1100" on the
Concept Plan shall cease to be used for residential purposes. This building may be converted
to an office with storage for owners and tenants, and no additional residential units shall be
constructed or. the Property. As a result, the maximum number of residential units on the
Property shall be forty-eight (48).
2
3. 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.
The above conditions, having been proffered by the Grantor and allowed and accepted
by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force
and effect until a subsequent amendment changes the zoning of the Property and specifically
repeals such conditions. Such conditions shall continue despite a subsequent amendment to
the Zoning Ordinance even if the subsequent amendment is part of a comprehensive
implementation of a new or substantially revised Zoning Ordinance until specifically repealed.
The conditions, however, may be repealed, amended, or varied by written instrument recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by
the record owner of the Property at the time of recordation of such instrument, provided that
said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the
Code of Virginia, 195o, 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 Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including the
authority (a) to order, in writing, that any noncompliance with such conditions be remedied;
and (b) to bring legal action or suit to insure compliance with such conditions, including
mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantor shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence
of conditions attaching to the zoning of the Property, and the ordinances and the conditions
3
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 name of the
Grantor and the Grantee.
0
WITNESS the following signature and seal:
STATE OF VIRGINIA
CITY/COUNIY OF i "' e-" c 3
Grantor:
Ocean Trace Condominium Association, Inc.,
a Virginia corporation
y; / (SEAL)
James B. Farinholt, Jr., President
to -wit:
The foregoing instrument was acknowledged before me this -7- day of September,
2010, by James B. Farinholt, Jr., President of Ocean Trace Condominium Association, Inc., a
Virginia corporation, Grantor.
My Commission Expires:
Notary Registration No.: L`�►� `
E
�J .
Notary Public..0-I ""Mr -'M" `'f.,,�
°••NOTNR', • •••�N
PUBLIC
i REG. #249397 '
MY COMMISSION e
�•.� EMRES
02128/14 '•
syr ......�A•'S4
���unnNue'
EXHIBIT "A"
LEGAL DESCRIPTION
EASTERN PORTION OF 7.67 ACRE PARCEL RECORDED ON PLAT RECORDED IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT OF VIRGINIA BEACH ENTITLED
"RESUBDIVISION OF PROPERTY OWNED BY BIRDNECK DEVELOPMENT
PARTNERSHIP, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VA, DATED JUNE 5,
1986", PREPARED BY MILLER-STEPHENSON & ASSOCIATES, PC, AND RECORDED IN
DEED BOOK :2515 P. 2285-2287•
Being more particularly described as:
BEGINNING .AT A PIPE ON THE SOUTHERN R/W LINE OF OLD VIRGINIA BEACH
ROAD, SAID PIPE BEING THE NORTHWEST CORNER OF PROPERTY OF (NOW OR
FORMERLY) OVBB, L.L.C. AS DESCRIBED IN A DEED RECORDED IN THE OFFICE OF
THE CLERK OF THE CIRCUIT COURT OF VIRGINIA BEACH, VA IN DEED BOOK 4262
PAGE 579, THENCE PROCEEDING IN A SOUTHERLY DIRECTION ALONG THE
WESTERN LINE OF PROPERTY OF OVBB, L.L.C. S 120 15'19" W, 12.3o' TO A POINT AT
A CORNER OF THE PROPERTY BEING DESCRIBED HEREIN AND SOUTHERN R/W
LINE OF OLD VIRGINIA BEACH ROAD, SAID POINT BEING THE TRUE POINT OF
BEGINNING, THENCE CONTINUING IN A SOUTHERLY DIRECTION ALONG THE
WESTERN LINE OF PROPERTY OF OVBB, L.L.C. S 120 15'11" W, 220.68' TO A POINT AT
THE SOUTHWEST CORNER OF PROPERTY OF OVBB, L.L.C., THENCE TURNING AND
PROCEEDING IN AN EASTERLY DIRECTION ALONG THE SOUTHERN LINE OF
PROPERTY OF OVBB, L.L.C. N 860 59'02" E, 172.51' TO A POINT ON THE WESTERN
LINE OF A 12' R/W DESCRIBED ON A PLAT RECORDED IN THE SAID CLERK'S OFFICE
IN MAP BOOK 41 PAGE 12, THENCE TURNING AND PROCEEDING IN A SOUTHERLY
DIRECTION IiLONG THE WESTERN R/W LINE OF SAID 12' R/W S 120 25' 37" W,
227.43' TO A POINT ON THE NORTHERN R/W LINE OF INTERSTATE ROUTE 264,
THENCE TURNING AND PROCEEDING IN A WESTERLY DIRECTION ALONG THE
NORTHERN R/W LINE OF INTERSTATE ROUTE 264 S 890 20' 53" W, 45.86' TO A
POINT, THENCE TURNING AND CONTINUING ALONG THE NORTHERN R/W LINE
OF INTERSTATE ROUTE 264 N 750 05'45" W, 240.33' TO A POINT, THENCE TURNING
AND CONTINUING ALONG THE NORTHERN R/W LINE OF INTERSTATE ROUTE 264
N 720 42'28" W, 468.26' TO A POINT, SAID POINT BEING THE SOUTHWEST CORNER
OF THE PROPERTY BEING DESCRIBED HEREIN, THENCE TURNING AND LEAVING
THE NORTHERN R/W LINE OF INTERSTATE ROUTE 264 AND PROCEEDING IN A
NORTHERLY DIRECTION N o6° 47' 19" E, 276.56' TO A POINT ON THE SOUTHERN
R/W LINE OF OLD VIRGINIA BEACH ROAD, THENCE TURNING AND PROCEEDING
IN AN EASTERLY DIRECTION ALONG THE SOUTHERN R/W LINE OF OLD VIRGINIA
BEACH ROAD ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 945.70' A
DISTANCE OF 157.59', THENCE TURNING AND CONTINUING IN AN EASTERLY
DIRECTION ALONG THE SOUTHERN R/W LINE OF OLD VIRGINIA BEACH ROAD,
ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 586.59', A DISTANCE OF
210.94' TO A POINT ON THE WESTERN LINE OF PROPERTY OF OCEAN TRACE, L.C.,
AS DESCRIBED IN AN INSTRUMENT RECORDED IN THE SAID CLERK'S OFFICE IN
INSTRUMENT: NUMBER 20o8o6o600067056o, THENCE TURNING AND PROCEEDING
IN A SOUTHERLY DIRECTION ALONG THE WESTERN LINE OF PROPERTY OF OCEAN
TRACE, L.C. 5 030 36'36" W, 243.45' TO A POINT AT THE SOUTHWEST CORNER OF
Z
PROPERTY OF OCEAN TRACE, L.C., THENCE TURNING AND PROCEEDING IN AN
EASTERLY DIRECTION ALONG THE SOUTHERN LINE OF PROPERTY OF OCEAN
TRACE, L.C. S 780 24' 37" E, 87.84 TO A POINT AT THE SOUTHEAST CORNER OF
PROPERTY OF OCEAN TRACE, L.C., SAID POINT ALSO BEING THE SOUTHWEST
CORNER OF PROPERTY OF (NOW OR FORMERLY) JOHNNY PAUL WHITE AS
DESCRIBED IN DEED RECORDED IN SAID CLERK'S OFFICE IN DEED BOOK 1727
PAGE 144, THENCE TURNING AND CONTINUING IN AN EASTERLY DIRECTION
ALONG THE SOUTHERN LINE OF PROPERTY OF JOHNNY PAUL WHITE S 550 26'37'
E, 13.40' TO A POINT AT THE SOUTHEAST CORNER OF PROPERTY OF JOHNNY PAUL
WHITE, THENCE TURNING AND PROCEEDING IN A NORTHERLY DIRECTION
ALONG THE EASTERN LINE OF PROPERTY OF JOHNNY PAUL WHITE N 190 33'30" E,
305.98' TO A POINT ON THE SOUTHERN R/W LINE OF OLD VIRGINIA BEACH ROAD,
THENCE TURNING AND PROCEEDING IN A EASTERLY DIRECTION ALONG THE
SOUTHERN R/W LINE OF OLD VIRGINIA BEACH ROAD N 820 22'13" E, 55.64' TO A
POINT, THENCE TURNING AND CONTINUING IN AN EASTERN DIRECTION ALONG
THE SOUTHERN R/W LINE OF OLD VIRGINIA BEACH ROAD N 850 09'37" E, 20.60' TO
THE TRUE POINT OF BEGINNING. PARCEL DESCRIBED HEREIN BEING 4.190 ACRES
IN SIZE.
GPIN: 2417-47-3777 (Part of)
\\Sykesw2k\users\AM\ConditionalRezoning\Ocean Trace Condominium Assn\Proffer_Clean 9-07-10.doc
7
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: OCEAN TRACE, L.C., Conditional Change of Zoning District Classification,
A-18 Apartment and A-12 Apartment to Conditional A-24 Apartment, 1225 Old
Virginia Beach Road (GPIN 2417473777; 2417471875). Comprehensive Plan —
Suburban Area. BEACH DISTRICT.
MEETING DATE: January 25, 2011
■ Background:
The applicant proposes to rezone the western portion of their existing A-18
apartment development and a smaller A-12 parcel to Conditional A-24 to support
the density of 64 existing apartment units after a subdivision of the site from units
converted to condominiums on the eastern portion.
This subject site designated as Parcel A is located on the western portion of what
was once a 124 unit apartment community. Recently apartment units on the
eastern portion were renovated and converted to condominiums. The applicant
intended to renovate and convert the remaining 64 units but could no longer
pursue this course.
The applicants have procured a financing commitment to renovate and refurnish
these units as apartments. The subdivision will result in the 64 existing apartment
units on Parcel A exceeding the 18 units/acre of the current zoning. The 64 units
on the 2.746 developable acres of Parcel A equates to a density of 23.3 units per
acre.
The applicant also owns the small undeveloped A-12 parcel bounded on three
sides by this multi -family complex which could support four additional apartment
units. The applicant has added the A-12 parcel to this proposal and proffered to
restrict any increase in residential density above the existing 64 units on Parcel A
(the A-12 parcel and the A-18 property).
■ Considerations:
On December 20, 2005 City Council adopted a compliance plan as part of the
City's efforts to address the BRAC Commission's decision regarding NAS
Oceana. In addition, the City and Navy entered into a Memorandum of
Understanding, through which City and Navy representatives jointly review
discretionary development applications for uses affected by AICUZ regulations.
This site is within the greater than 75 dB DNL noise zone. This application was
reviewed at the November MOU committee meeting and the request results in a
Ocean Trace, L.C.
Page 2 of 3
decrease in the number of existing residential units. The MOU committee finds
this Conditional Rezoning request reasonable.
The request to rezone the A-12 and A-18 properties to a conditional A-24 zoning
to resubdivide the property to secure funding to renovate and provide sound
attenuation is compatible with the land use principles of the Comprehensive Plan
and the City's AICUZ provisions. The conditional rezoning is also supportive of
the AICiJZ provisions with regard to reducing incompatible uses by proffering to
solely create Parcel "A" with the existing 64 units and supporting infrastructure
with no increase in units.
Staff recommends approval of this request contingent on the proffers provided
below.
There was no opposition to the request.
■ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 11-0, to recommend approval of this request to the
City Council with the following proffers:
The following are proffers submitted by the applicant as part of a Conditional
Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City
Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset
identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h)(1)). Should this application be approved, the proffers will be recorded at
the Circuit Court and serve as conditions restricting the use of the property as
proposed with this change of zoning.
PROFFER 1:
Parcel 2 is currently developed as a residential apartment community and Parcel 1
is undeveloped and, together they are designated PARCEL "A" and depicted on
the, "PRELIMINARY RESUBDIVISION OF 7.67 AC. PARCEL Resubdivision of
Property owned by BIRDNECK DEVELOPMENT PARTNERSHIP AND
PROPERTY OF OCEAN TRACE, L.C.", dated August 24, 2010, prepared by
Gallup %r--;urveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach Department of Planning (the
"Concept Plan").
PROFFER 2:
When the Property is resubdivided and Parcel "A" is created as depicted on the
Concept Plan, it shall not be developed, redeveloped or utilized for more than a
total of sixty-four (64) residential dwelling units.
PROFFER 3:
Further conditions may be required by the Grantee during detailed Site Plan review
Ocean Trace, L.C.
Page 3 of 3
and administration of applicable City Codes by all cognizant City Agencies and
departments to meet all applicable City Code requirements.
STAFF COMMENTS: The proffers listed above are acceptable.
The City Attorney's Office has reviewed the proffer agreement dated September 1,
2010, and found it to be legally sufficient and in acceptable legal form.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: 'jk
EEACH
13
December 8, 2010 Public Hearing
APPLICANT & PROPERTY OWNER:
OCEAN TRACE
L.C.
STAFF PLANNER: Karen Prochilo
REQUEST: Conditional Change of Zoning (A-12 and A-18 to Conditional A-24)
ADDRESS I DESCRIPTION: 1225 Old Virginia Beach Road
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
Portion of 2417473777 BEACH 3.838 acres Greater than 75 dB DNL
241747187E APZ 2
SUMMARY OF REQUEST
The applicant proposes to rezone the western portion of their existing A-18 apartment development and a
smaller A-12 parcel to Conditional A-24 to support the density of 64 existing apartment units after a
subdivision of the site from units converted to condominiums on the eastern portion.
This subject site designated as Parcel A is located on the western portion of what was once a 124 unit
apartment community. Recently apartment units on the eastern portion were renovated and converted to
condominiums. The applicant intended to renovate and convert the remaining 64 units but could no
longer pursue this course.
The applicarts have procured a financing commitment to renovate and refurnish these units as
apartments. The subdivision will result in the 64 existing apartment units on Parcel A exceeding the 18
units/acre of the current zoning. The 64 units on the 2.746 developable acres of Parcel A equates to a
density of 23.3 units per acre.
OCEAN TRACE L.C.
Agenda Item 13
Page 1
The applicant also owns the small A-12 parcel bounded on three sides by this multi -family complex which
could support four additional apartment units. The applicant has added that parcel to this proposal to
restrict any future increase in residential density.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: The site is occupied by two-story multi -family buildings with parking
SURROUNDING LAND North:
. Old Virginia Beach Boulevard
USE AND ZONING:
. Multi -family complex / A-18 Apartment District
South:
. Interstate 264
• City Park/ P-1 Preservation district
East:
. Multi -family dwellings / A-12 Apartment District
West:
. Linkhorn Bay
• Multi -family complex/ A-18 Apartment District
NATURAL RESOURCE AND The site is located within the Chesapeake Bay watershed. A majority of
CULTURAL FEATURES: the site is impervious, covered by buildings and parking areas.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this area of the City as Suburban Area. The overriding objective of the
Suburban Area policies is to protect the predominantly suburban character defined by the stable
neighborhoods of our community. The goal of preserving neighborhood quality requires all development
proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings and
attractiveness of the site and buildings (pp. 3-1 and 3-2).
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This parcel has
direct access to Old Virginia Beach Road, which is a two lane local street with a 50 -foot right-of-way width. Old
Virginia Beach Road is not referenced in the City's Master Transportation Plan and there are no Capital
Improvement Plan projects scheduled for this roadway.
PUBLIC WORKS / TRAFFIC ENGINEERING: Traffic Engineering foresees no traffic -related issues with this
proposed use, as the trip generation is reduced from that which the current site is developed for.
WATER and SEWER: This site connects to City water and City Sanitary Sewer.
SCHOOLS: No change in the number of students that this proposal will add to the schools.
OCEAN TRACE L.C.
Agenda Item 13
Page 2
EVALUATION AND RECOMMENDATION
On December 20, 2005 City Council adopted a compliance plan as part of the City's efforts to address the
BRAC Commission's decision regarding NAS Oceana. In addition, the City and Navy entered into a
Memorandum of Understanding, through which City and Navy representatives jointly review discretionary
development applications for uses affected by AICUZ regulations. This site is within the greater than 75
dB DNL noise zone. This application was reviewed at the November MOU committee meeting and the
request results in a decrease in the number of existing residential units. The MOU committee finds this
Conditional Rezoning request reasonable.
The request to rezone the A-12 and A-18 properties to a conditional A-24 zoning to resubdivide the
property to secure funding to renovate and provide sound attenuation is compatible with the land use
principles of the Comprehensive Plan and the City's AICUZ provisions. The conditional rezoning is also
supportive of the AICUZ provisions with regard to reducing incompatible uses by proffering to solely
create Parcel "A" with the existing 64 units and supporting infrastructure with no increase in units..
Staff recommends approval of this request contingent on the proffers provided below.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
Parcel 2 is currently developed as a residential apartment community and Parcel 1 is undeveloped and,
together they are designated PARCEL "A" and depicted on the, "PRELIMINARY RESUBDIVISION OF 7.67
AC. PARCEL Resubdivision of Property owned by BIRDNECK DEVELOPMENT PARTNERSHIP AND
PROPERTY OF OCEAN TRACE, L.C.", dated August 24, 2010, 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 (the "Concept Plan").
PROFFER 2:
When the Property is resubdivided and Parcel "A" is created as depicted on the Concept Plan, it shall not be
developed, redeveloped or utilized for more than a total of sixty-four (64) residential dwelling units.
PROFFER 3:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers listed above are acceptable.
OCEAN TRACE L.C.
Agenda Item 13
Page 3
The City Attorney's Office has reviewed the proffer agreement dated September 1, 2010, and found it to be
legally sufficient and in acceptable legal form.
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this change of zoning application may require revision during
detailed site plan review to meet all applicable City Codes and Standards. All applicable permits
required by the City Code, including those administered by the Department of Planning /Development
Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a
Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
OCEAN TRACE L.C.
Agenda Item 13
Page 4
AERIAL OF SITE LOCATION
OCEAN TRACE L.C.
Agenda Item 13
Page 5
It
.ivy ky�f�kC;;^i
PROPOSED SITE PLAN
OCEAN TRACE L.C.
Agenda Item 13
Page 6
PHOTOGRAPH OF APARTMENTS
OCEAN TRACE L.C.
Agenda Item 13
Page 7
BEACH
%lap L-6
(It -part Tr;irr I C'
ening with Conditions Proffers Conditional Zoning Change from A-18 8 A-92 to Conditional A-24
#
DATE
REQUEST
APPLICANT
ACTION
1
01/23/2001
Use Permit(Group home
VB Dept Mental Health
Granted
2
09/28/1999
Rezoning RT -3 to Cond. A-36
Wendell C. Franklin
Granted
10/29/1996
Use Permit (Communications
tower
Primeco Personal
Granted
3
02/27/1996
Rezoning A-12 to R-10
Doris White -Harris
Granted
4
01/23/1996
Rezoning A-12 to R-20
Joshua Darden Jr.
Granted
5
01/11/1994
Rezoning A-12 to R-20
Emily Outlaw
Granted
6
1 05/25/1993
Rezoning A-12 to R-40
Sophia Owens
Granted
ZONING HISTORY
OCEAN TRACE L.C.
Agenda Item 13
Page 8
FDISCLOSURE STATEMENT I
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Ooaan Trace, L.C.: James B. Farinholt, Jr.,Managing Member, Ruth R. Jones,
Thomas R. Ellington, William DeWorken and Louis C. Paulson, Members
2, List all businesses that have a parent -subsidiary' or affiliated business entity,
relationship with the applicant: (Attach list Nnecessary)
❑ :.heck here if the applicant is NOT a corporation, partnership, firm, business, or
ether unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this. section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity,
relationship with the applicant: (Attach list if necessary)
❑ Check here if the property owner is NOT a corporation, partnership, firm, business,
cr other unincorporated organization.
7 See next page for footnotes
Condiionas Renow% Apphca;ton
Page 11 of 12
Revises P112XX
DISCLOSURE STATEMENTS
OCEAN TRACE L.C.
Agenda Item 13
Page 9
Fit
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services; (Attach list if necessary)
Sykes, Bourdon, Ahem & Levy, P.C.
Inman & STrickler, PLC
Gallup Surveyors & Engineers, Ltd.
I "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation! See State and Local Government Conflict of
Interests Act, Va. Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
according
.t�o�the instructions in this package.
Oce ¢`' C. q ;1 /
g � °��-� ��- ,lames B. �'arinho2t, .7r. ,
y' ,�
Applidant'i�agnature Print Name Managing Member
Property Owner's Signature (if different than applicant; Print Name
Con,J, ora€ Rezoning Apalicat ar.
Page 12 or 12
Revised 8i1t2,1N
DISCLOSURE STATEMENTS
OCEAN TRACE L.C.
Agenda Item 13
Page 10
Item #13
Ocean Trace, L.C.
Conditional Change of Zoning
1225 Old Virgin a Beach Road
District 6
Beach
December 8, 2010
CONSENT
An application of Ocean Trace, L.C. for a Conditional Change of Zoning from A-12 Apartment District and
A-18 Apartment District to Conditional A-24 Apartment District on property located at 1225 Old Virginia
Beach Road, District 6, Beach. GPIN: 24174718750000; a portion of 24174737770000.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is
acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit
Court and serve as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
Parcel 2 is currently developed as a residential apartment community and Parcel 1 is undeveloped and,
together they are designated PARCEL "A" and depicted on the, "PRELIMINARY RESUBDIVISION OF 7.67 AC.
PARCEL Resubdivision of Property owned by BIRDNECK DEVELOPMENT PARTNERSHIP AND PROPERTY OF
OCEAN TRACE, L.C.", dated August 24, 2010, 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
(the "Concept Plan").
PROFFER 2:
When the Property is resubdivided and Parcel "A" is created as depicted on the Concept Plan, it shall not be
developed, redeveloped or utilized for more than a total of sixty-four (64) residential dwelling units.
PROFFER 3:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers listed above are acceptable.
The City Attorney's Office has reviewed the proffer agreement dated September 1, 2010, and found it to be
legally sufficient and in acceptable legal form.
Item #13
Ocean Trace, L.C.
Page 2
NOTE. Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this change of zoning application may require revision during
detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required
by the City Code, including those administered by the Department of Planning/ Development Services
Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this change of zoning are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)
concepts and strategies as they pertain to this site.
AYE 11 NAY 0
ANDERSON
AYE
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRANGE
AYE
ABS 0 ABSENT 0
By a vote of 11-0, the Board approved item 13 for consent.
Eddie Bourdon appeared on behalf of the applicant. There was no opposition to this application.
A
Itm
AN
C
IA -
U
1�cS
OF OUR
<5r 5
NPS\ON
In Reply Refer To Our File No. DF -7837
TO: Mark D. Stiles
FROM: B. Kay Wil:;
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: January 13, 2011
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Ocean Trace, L.C.
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on January 25, 2011. 1 have reviewed the subject proffer agreement, dated
September 1, 2010 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/ka
Enclosure /
cc: Kathleen Hassen ✓
OCEAN TRACE, 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 1St day of September, 2olo, by and between OCEAN
TRACE, L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of those two (2) parcels of property located in the
Beach District of the City of Virginia Beach, containing a total of 3.838 acres which parcel are
more particularly described as Parcel 1 (0.359 Acres) and Parcel 2 in Exhibit "A" attached
hereto and incorporated herein by this reference. Said parcels are hereinafter collectively
referred to as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of
the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the
Zoning Classification of the Property from A-12 and A-18 Apartment Districts to Conditional
A-24 Apartment 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
WHER:I:AS, the Grantor acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of the
Property and at the same time to recognize the effects of change, and the need for various types
of uses, certain reasonable conditions governing the use of the Property for the protection of
the community that are not generally applicable to land similarly zoned are needed to cope
with the situation to which the Grantor's rezoning application gives rise; and
GPIN: Parcel 1- 2417-47-1875
Parcel 2 — 2417-47-3777 (Part of)
Prepared By: K Edward Bourdon, Jr., Esquire
Sykes, Bourdon, Ahern & Levy, P.C.
281 Independence Blvd.
Pembroke One, Fifth Floor
`irginia Beach, Virginia 23462
1
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to
the public hearing before the Grantee, as a part of the proposed amendment to the Zoning
Map, in addition to the regulations provided for the A-24 Zoning District by the existing overall
Zoning Ordinance, the following reasonable conditions related to the physical development,
operation, and use of the Property to be adopted as a part of said amendment to the Zoning
Map relative and applicable to the Property, which has a reasonable relation to the rezoning
and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives,
assigns, grantee, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any element of
compulsion or acid 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 Grantor, its successors, personal representatives, assigns, grantee, and other
successors in interest or title:
1. Parcel 2 is currently developed as a residential apartment community and Parcel
1 is undeveloped and, together they are designated PARCEL "A' and depicted on the
"PRELIMINARY RESUBDIVISION OF 7.67 AC. PARCEL Resubdivision of Property owned by
BIRDNECK DEVELOPMENT PARTNERSHIP AND PROPERTY OF OCEAN TRACE L.C.",
dated August 24, 2010, 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 (the "Concept Plan").
2. When the Property is resubdivided and PARCEL "A" is created as depicted on
the Concept Plan, it shall not be developed, redeveloped or utilized for more than a total of
sixty-four (64) residential dwelling units.
3. 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.
The above conditions, having been proffered by the Grantor and allowed and accepted
by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force
and effect until a subsequent amendment changes the zoning of the Property and specifically
04
repeals such conditions. Such conditions shall continue despite a subsequent amendment to
the Zoning Ordinance even if the subsequent amendment is part of a comprehensive
implementation of a new or substantially revised Zoning Ordinance until specifically repealed.
The conditions, however, may be repealed, amended, or varied by written instrument recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by
the record owner of the Property at the time of recordation of such instrument, provided that
said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the
Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said instrument
shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including the
authority (a) to order, in writing, that any noncompliance with such conditions be remedied;
and (b) to bring legal action or suit to insure compliance with such conditions, including
mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantor shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence
of conditions attaching to the zoning of the Property, and the ordinances and the conditions
may be made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the
Grantor and the Grantee.
3
WITNESS the following signature and seal:
Grantor:
STATE OF VIRGINIA 9
CITY/COUNTY OF /��li , to -wit:
The foregoing instrument was acknowledged before me this g'4 day of September,
2010, James B. Farinholt, Jr., Managing Member of Ocean Trace, L.C., a Virginia limited
liability company, Grantor.
Notary Public
My Commission Expires: 310, 0661
Notary Registration No.: "70 G eI Z 6 oda
rd
EXHIBIT "A"
LEGAL DESCRIPTION
PARCELI:
All that certain lot, piece or parcel of land, situate, lying and being in Lynnhaven Magisterial
District, Princess Anne County, Virginia, known, numbered and designated as Trace "a" 1.6o
acres, as shown on that certain plat entitled, "A Division of James Ben Davis Estate located
near Seatack vi Princess Anne County, Virginia", dated May 11, 1944, made by W. B. Gallup,
County Surveyor, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach (formerly Princess Anne County), Virginia.
Less and excepting that certain portion of the above described property previously conveyed by
Alfred H. Savage and Mary E. Savage, husband and wife, to W. B. Gallup and Dan D. Gallup, by
deed dated November 12, 1974 and duly recorded in the Clerk's Office aforesaid on November
19, 1974, at Deed Book 1458, at Page 119 to which reference is hereby made for a complete
description of the portion therein conveyed.
Also less and excepting that certain portion of the above described property designated as
"Portion of Parcel 'Al' o.119 Ac." as shown on that certain plat known as "Preliminary
Subdivision Plat of Parcel 'Al' Property of Alfred E. and Many Savage, et al & Property of
Harold James, Jr." attached to the Deed dated January 16, 1985 from Aileen D. Carter to
Harold W. James, Jr., et ux, and recorded in the Clerk's Office aforesaid in Deed Book 2393, at
Page 169o.
Including, however, that certain parcel, lot or jib lots of property designated as "Portion of
Property of Harold James, Jr., 0.02o AC" as shown on that certain plat known as "Preliminary
Subdivision Plat of Parcel `A' Property of Alfred E. & Mary Savage, et al, and Property of
Harold James, Jr.", attached to the Deed dated January 16,1985 from Harold W. James, et ux
to Aileen D. Carter and recorded in Deed Book 2393, at Page 169o.
The aforesaid property being further described and setout on that certain plat entitled,
"PHYSICAL SURVEY OF REMAINING PART OF PARCEL A-1, AND A PORTION OF THE
PROPERTY OF HAROLD JAMES, JR., VIRGINIA BEACH, VIRGINIA FOR OCEAN TRACE,
L.C.", dated August 30,1095, by Dennis J. Gerwitz, P.C.
Together with all and singular the buildings and improvements thereon, rights and privileges,
tenements, hereditaments, easements and appurtenances unto the said land belonging or in
anywise appertaining.
GPIN: 2417-47-1875
5
PARCEL 2:
Being:
WESTERN PORTION OF 7.67 ACRE PARCEL RECORDED ON PLAT RECORDED IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT OF VIRGINIA BEACH ENTITLED
"RESUBDIVISION OF PROPERTY OWNED BY BIRDNECK DEVELOPMENT
PARTNERSHIP, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VA, DATED JUNE 5,
1986", PREPARED BY MILLER-STEPHENSON & ASSOCIATES, PC, AND RECORDED IN
DEED BOOK 2515 P. 2285-2287•
Being more particularly described as:
BEGINNING AT A POINT ON THE SOUTHERN R/W LINE OF OLD VIRGINIA BEACH
ROAD, SAID POINT BEING THE NORTHEAST CORNER OF PROPERTY OF (NOW OR
FORMERLY) WILBERT & MALVERN LEWIS AS DESCRIBED IN A DEED RECORDED IN
THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF VIRGINIA BEACH IN DEED
BOOK 771 P. 7, THENCE PROCEEDING IN A SOUTHERLY DIRECTION ALONG THE
EASTERN LINE OF PROPERTY OF WILBERT & MALVERN LEWIS S 170 13'44" E,17.49'
TO A POINT AT A CORNER OF PROPERTY BEING HEREIN DESCRIBED AND THE
SOUTHERN R/W LINE OF OLD VIRGINIA BEACH ROAD, SAID POINT BEING THE
TRUE POINT OF BEGINNING, THENCE TURNING AND PROCEEDING IN AN
EASTERLY DIRECTION ALONG THE SOUTHERN R/W LINE OF OLD VIRGINIA BEACH
ROAD THE FOLLOWING COURSES AND DISTANCES: N 840 57'38" E, 14.19' TO A
POINT, THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF loo.00', A
DISTANCE OF 19.71', THENCE S 830 44' 43" E, 75.91', THENCE ALONG A CURVE TO
THE RIGHT, HAVING A RADIUS OF loo.00', A DISTANCE OF 17.98', THENCE S 730 26'
41" E, 70.82', THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF
533.36', A DISTANCE OF 34.23' TO A POINT ON THE WESTERN LINE OF PROPERTY
OF OCEAN TRACE, L.C. AS DESCRIBED IN A DEED RECORDED IN SAID CLERK'S
OFFICE IN DEED BOOK 3539 PAGE 428 AND DEED BOOK 3773 PAGE 141, THENCE
TURNING AND PROCEEDING IN A SOUTHERLY DIRECTION ALONG THE WESTERN
LINE OF PROPERTY OF OCEAN TRACE, L.C. S 100 42'44" E, 160.41' TO A POINT AT
THE SOUTHWEST CORNER OF PROPERTY OF OCEAN TRACE, L.C., THENCE
TURNING AND PROCEEDING IN AN EASTERLY DIRECTION ALONG THE SOUTHERN
LINE OF PROPERTY OF OCEAN TRACE, L.C. S 830 55' 20" E, 89.56' TO A POINT AT
THE SOUTHEAST CORNER OF PROPERTY OF OCEAN TRACE, L.C., THENCE TURNING
AND PROCEEDING IN A NORTHERLY DIRECTION ALONG THE EASTERN LINE OF
PROPERTY OF OCEAN TRACE, L.C., N 50 25' 40" E, 104.23' TO A POINT ON THE
SOUTHERN R/W LINE OF OLD VIRGINIA BEACH ROAD, THENCE TURNING AND
PROCEEDING IN AN EASTERLY DIRECTION ALONG THE SOUTHERN R/W OF OLD
VIRGINIA BEACH ROAD THE FOLLOWING COURSES AND DISTANCES: S 610 31'07"
E, 39.41, THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 945.70', A
DISTANCE OF 51.11' TO A POINT, SAID POINT BEING THE NORTHEAST CORNER OF
THE PROPERTY BEING HEREIN DESCRIBED, THENCE TURNING AND LEAVING THE
SOUTHERN R/W LINE OF OLD VIRGINIA BEACH ROAD AND PROCEEDING IN A
SOUTHERLY DIRECTION S o6° 47' 19" W, 276.56' TO A POINT IN THE NORTHERN
R/W LINE OF INTERSTATE ROUTE 264, THENCE TURNING AND PROCEEDING IN A
WESTERLY DIRECTION ALONG THE NORTHERN R/W LINE OF INTERSTATE ROUTE
264 N 720 42' 28" W, 1027.11' TO A POINT IN THE WATERS OF LINKHORN BAY,
THENCE TURNING AND PROCEEDING IN A NORTHERLY DIRECTION N 050 49'22" E,
0
70.41' TO A POINT, THENCE TURNING AND PROCEEDING IN AN EASTERLY
DIRECTION ALONG THE SOUTHERN LINE OF PROPERTY OF (NOW OR FORMERLY)
DAVIS AND DAVIS PROPERTIES OF VIRGINIA, LLC AS DESCRIBED IN AN
INSTRUMENT RECORDED IN SAID CLERK'S OFFICE IN INSTRUMENT NUMBER
2004o8190132530, S 690 53'47" E, 439.82' TO A POINT IN THE SOUTHEAST CORNER
OF PROPERTY OF DAVIS AND DAVIS PROPERTIES OF VIRGINIA, LLC SAID POINT
ALSO BEING AT THE SOUTHWEST CORNER OF PROPERTY OF (NOW OR FORMERLY)
OLD VIRGINIA BEACH ROAD ASSOCIATES AS DESCRIBED IN A DEED RECORDED IN
SAID CLERK'S OFFICE IN DEED BOOK 2224 PAGE 82, THENCE TURNING AND
PROCEEDING IN AN EASTERLY DIRECTION ALONG THE SOUTHERN LINE OF
PROPERTY OF OLD VIRGINIA BEACH ROAD ASSOCIATES AND THE SOUTHERN LINE
OF WILBERT & MALVERN LEWIS N 830 01' 16" E, 211.87' TO A POINT AT THE
SOUTHEAST CORNER OF PROPERTY OF WILBERT & MALVERN LEWIS, THENCE
TURNING AND PROCEEDING IN A NORTHERLY DIRECTION ALONG THE EASTERN
LINE OF PROPERTY OF WILBERT & MALVERN LEWIS N 170 13'44" W, 179.8o' TO THE
TRUE POINT OF BEGINNING. PROPERTY DESCRIBED HEREIN BEING 3.479 ACRES
IN SIZE.
GPIN: 2417-47-3777 (Part of)
\\Sykesw2k\users\AM\ConditionalRezoning\Ocean Trace L.0\Proffer_Clean 9-o7-io.doc
II
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH — INTERFACILITY TRAFFIC AREA and VICINITY
MASTER PLAN STUDY, An Ordinance to Amend and Revise the Comprehensive
Plan by adopting the INTERFACILITY TRAFFIC AREA and VICINITY MASTER
PLAN, OCTOBER 2010 (as revised).
MEETING DATE: January 25, 2011
■ Background:
In January of 2010, the City began a planning study for the development of a
master plan for the Interfacility Traffic Area and Vicinity. The public planning
process relied heavily upon input from stakeholders, residents, land owners, the
Navy and various City Departments. This participation served to inform and guide
the analysis, design alternatives and eventual plan recommendations.
This master plan provides recommendations regarding land use, open space,
utilities, building design, roadway and trails, creating opportunities for growth
compatible with the AICUZ restrictions of the Interfacility Traffic Area. The
attached amendments revise the Comprehensive Plan accordingly and direct the
reader to the Comprehensive Plan's online Document Library for a full copy of
the Interfacility Traffic Area and Vicinity Master Plan.
City Council heard this request of an amendment to the Comprehensive Plan on
December 14, 2010. City Council deferred the request to allow time to further
refine the wording within the draft document entitled: Interfacility Traffic Area and
Vicinity Master Plan dated October 2010. The wording has been refined and the
revisions are referenced in Attachment 2 ITA and Vicinity Master Plan Study
January 11, 2011 Revisions.
■ Considerations:
The Interfacility Traffic Area and Vicinity Master Plan is the result of an extensive
public participation process involving residents in the area, property owners, the
business community, environmentalists, Navy, City and other stakeholders. The
document provides guidance to assist in creating a sense of place and economic
opportunity within the many components of the Interfacility Traffic Area and
Vicinity. The master plan sets the framework to continue forward in a direction
that reflects the area's history, is sensitive to the environment, acknowledges
existing conditions and responds to the challenges of transportation and
infrastructure needs of the area.
City of Virginia Beach Amendment to Comprehensive Plan- ITA and Vicinity Master Plan
Page 2 of 2
Staff recommends adoption.
■ Recommendations:
The Planning Commission, passing a motion by a recorded vote of 11-0,
recommends approval of the Interfacility Traffic Area and Vicinity Master Plan.
■ Attachiments:
Attachment 1: Ordinance to Amend and Revise the Comprehensive Plan by Adopting
the Interfacility Traffic Area and Vicinity Master Plan, October 2010.
Attachment 2: Revisions to the Interfacility Traffic Area and Vicinity Master Plan dated
January 11, 2011.
Attachment 3: Amendment to City of Virginia Beach Comprehensive Plan
Attachment 4: Staff Review and Minutes of Planning Commission Hearing
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Delpartment/Agency: Planning Department
City Manager:'
1 AN ORDINANCE TO AMEND AND REVISE THE
2 COMPREHENSIVE PLAN BY ADOPTING THE
3 INTERFACILITY TRAFFIC AREA AND VICINITY MASTER
4 PLAN, OCTOBER 2010
5
6 WHEREAS, the public necessity, convenience, general welfare and good zoning
7 practice so require;
8
9 WHEREAS, the Interfacility Traffic Area and Vicinity Master Plan, October 2010
10 has been revised in accordance with the attached changes titled, ITA and Vicinity
11 Master Plan Study, January 11, 2011 Revisions.
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15
16 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is,
17 amended and reordained by:
18
19 1. The adoption of the Interfacility Traffic Area and Vicinity Master Plan,
20 October 2010 with the attached revisions. Such documents are made a part hereof,
21 having been exhibited to the City Council and are on file in the Department of Planning;
22 and
23
24 2 The revision of the Policy Document, pertaining to the Interfacility Traffic
25 Area, as shown on the attached document entitled "Comprehensive Plan Policy
26 Document Revisions Chapter 4: The Princess Anne Commons and Transition Area
27 Interfacility Traffic Area and Vicinity Master Plan October 2010." Such document is
28 made a part hereof, having been exhibited to the City Council and is on file in the
29 Department of Planning.
30
31 COMMENT
32
33 The ordinance amends the Comprehensive Plan by the adoption of the Interfacility Traffic
34 Area and Vicinity Master Plan with the revisions attached. The current provisions of the Plan
35 pertaining to the ITA are revised to reflect the adoption and relevant provisions of the Master Plan.
36
37 Adopted by the Council of the City of Virginia Beach, Virginia, on this
38 day of , 2011.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
oil
1KGnti (,� d'i 0 /
Plan ing Department City Attorney's Office
CA11614/R-3/January 12, 2011
,&Tr i
ITA and Vicinity Master Plan Study
January 11, 2011 Revisions
October 2010 I)ocument Comments by Page Number:
Page 5:
Text:
Fourth paragraph
Third Bullet: replace the sentence "Development should achieve a goal of 50% open space." with
"Development proposals should strive to achieve the goal of attaining 50% open space."
Page 16:
Text:
Right hand side of page under the Transition Area heading
Last bullet: Replace the text "50% maximum development area for most of ITA." with "Strive to achieve
50% open space in development proposals."
Page 18:
Text:
In the box labeled KEY CHARACTERISTICS:
Last Bullet: Replace the text "50% maximum development area for most of ITA." with "Strive to achieve
50% open space in development proposals."
First paragraph:
Fourth sentence: Replace sentence "50% of the land would be available for development and the
remainder would be preserved in open space, protecting the most sensitive lands on the property."
with "Approximately 50% of a development proposal would be preserved in open space, protecting the
most sensitive lands on the property."
Page 20:
Text:
Under Scenario 2 — Development Implications:
Bullet 4: Replace sentence "Development potential limited by 50% open space requirement and high
surface parking requirements." with "Development proposals strive to achieve 50% open space and
high surface parking requirements."
Page 21:
Text:
First paragraph:
Last sentence: replace the sentence "A ratio of open space for future development of 50% is
recommended to lower the intensity of land use and to create a unique character for the ITA."
with "Strive to achieve a ratio of open space for future development of 50% to lower the intensity of
land use and to create a unique character for the ITA."
Page 22:
Text:
First paragraph:
Third sentence: replace the sentence "Moderate development will bring revenue to the City, provide
jobs, and fund new infrastructure, while maintaining a minimum of 50% of the gross land area in
preserved open space." with "Moderate development will bring revenue to the City, provide jobs, and
fund new infrastructure, while striving to achieve 50% of the development {proposal's land area in
preserved open space."
Page 27:
Text:
Second paragraph:
First sentence: replace the sentence "This plan recommends that a minimum of 50% of the gross land
area be maintained in open space." with "This plan recommends striving to achieve 50% open space on
each proposed development."
A,-V'r h
ITA Document Revisions
January 11, 2011
Page 2 of 3
Page 36:
Text Box:
DESIGN DIRECTIVES:
Add a new bullet to read: "Cumulative infrastructure impacts must be studied and the Capital
Improvement Program amended for more intense development than what is considered in the Program
Capacity."
PROGRAM CAPACITY:
Revise bullet by adding an * before the text and adding the following outside the text box: *This square
foot figure is intended as a reasonable estimate of the amount of development that can be
accommodated in this area based on existing and planned infrastructure.
Page 41:
Text Box:
DESIGN DIRECTIVES:
Add a new bullet to read: "Cumulative infrastructure impacts must be studied and the Capital
Improvement Program amended for more intense development than what is considered in the Program
Capacity."
PROGRAM Add the word "CAPACITY" after program:
Revise both bullets by adding an * before the text and adding the following outside the text box: *This
square foot figure is intended as a reasonable estimate of the amount of development that can be
accommodated in this area based on existing and planned infrastructure.
Page 43:
Text Box:
DESIGN DIRECTIVES:
Add a new bullet to read: "Cumulative infrastructure impacts must be studied and the Capital
Improvement Program amended for more intense development than what is considered in the Program
Capacity."
PROGRAM Add the word "CAPACITY" after program:
Revise first bullet by adding an * before the text and adding the following outside the text box: *This
square foot figure is intended as a reasonable estimate of the amount of development that can be
accommodated in this area based on existing and planned infrastructure.
Revise second bullet by replacing the sentence "Minimum 50 % Open Space" with the words "Striving
to achieve 50% Open Space."
Page 44:
Text Box:
DESIGN DIRECTIVES:
Add a new bullet to read: "Cumulative infrastructure impacts must be studied and the Capital
Improvement Program amended for more intense development than what is considered in the Program
Capacity."
PROGRAM Add the word "CAPACITY" after program:
Revise fourth bullet by replacing the sentence "Min. 50% Open Space." with the words "Striving to
achieve 50% Open Space."
Revise sixth bullet by adding an * before the text, deleting the "s" after million and adding the following
outside the text box: *This square foot figure is intended as a reasonable estimate of the amount of
development that can be accommodated in this area based on existing and planned infrastructure.
Text
Third Paragraph:
Last sentence: replace the sentence "While the mix of uses and activities is flexible, development
should strive be restricted to preserve a minimum of 50%open space -and to maintain a rural character
to the area." with "While the mix of uses and activities is flexible, development should strive to achieve
ITA Document Revisions
January 11, 2011
Page 3 of 3
50%open space, and te maiRtain a A rural character to the area adjacent to North Landing Road should
be maintained.
Page 45:
Text BOX:
DESIGN DIRECTIVES:
Add a new bullet to read: "Cumulative infrastructure impacts must be studied and the Capital
Improvement Program amended for more intense development than what is considered in the Program
Capacity."
PROGRAM Add the word "CAPACITY" after program:
Revise the bullet by adding an * before the text, and adding the following outside the text box: *This
figure is intended as a reasonable estimate of the amount of development that can be accommodated
in this area based on existing and planned infrastructure.
Comprehensive Plan Policy Document Revisions — DRAFT 2
Chapter 4: The Princess Anne Commons and Transition Area
Interfacility Traffic Area and Vicinity Master Plan
January 2011
(Pages 4-1 through 4-12, Policy Document: Text to be deleted is shown as str+kethfeugh. Text to be
added is underlined.)
THE PRINCESS ANNE COMMONS AND TRANSITION AREA
The Princess Anne Commons and the Transition Area are strategically located between the more urbanized
region of the City to the north and the rural area to the south. This area remains an important component of the
City's overall land use planning strategy. The 'Green Line' is the boundary between the urban part of the City to
the north and the lower density and rural areas to the south.
The Princess Anne Commons, shown on the next page, consists of what was, in prior Comprehensive
Plans, the western portion of the Transition Area and the North Princess Anne SGA. With the December
2005 amendments to the Comprehensive Plan, this area was identified as being within the Interfacility
Traffic Area (ITA) between NAS Oceana and NALF Fentress. One of the principal effects of this new
designation was to reduce the residential density to what could be achieved by -right with Agricultural
zoning (one unit per 15 acres). A second effect was an increase in the area owned by the City of Virginia
Beach, as the City and U.S. Navy began a program of purchasing property voluntarily offered to the City.
Despite these land use constraints. the City recognized unique opportunities in this area and developed
the ITA and Vicinity Master Plan to identify the vision for this area. The Interfacility Traffic Area and
Vicinity Master Plan was prepared with effective community involvement to provide planning
policy guidance in the areas of land use, transportation, environmental stewardship,
infrastructure, public service delivery, economic vitality, AICUZ compatibility, housing and
community design. Specific policies from this plan are provided later in this chapter. The full
Interfacility Traffic Area and Vicinity Master Plan can be found in the document library at
www.ourfuturevb.com. In sum, the Princess Anne Commons offers a unique opportunity for
educational, entertainment, recreational, habitat preservation, and quality economic development
opportunities. It is a true jewel within Virginia Beach.
The Transition Area consists of the area bordered by Princess Anne and Sandbridge Roads along the
'Green Line' to the north, North Landing Road to the west, Indian River Road to the south, and New
Bridge Road to the east (See the Princess Anne Commons/ Transition Area map next page.)
It is not the intent of this Plan for the Princess Anne Commons or the Transition Area to become part of
the urban area north of the Green Line. Nor is it intended that the Transition Area be limited to the very
low densities appropriate for rural growth. The policies of this Comprehensive Plan have been designed
to ensure that this continues to be a well-planned area.
While recognizing that some land use adjustments are appropriate to accomplish strategic public
outcomes and adapt to changes to the Oceana Land Use Conformity program, proposed developments
within The Princess Anne Commons and Transition Area should adhere to the following general
recommendations.
THE PRINCESS ANNE COMMONS TRANSITION AREA
GENERAL RECOMMENDATIONS
Unless otherwise addressed within the 'Special Area Recommendations' section of this chapter,
proposed developments in these areas should conform to the following planning recommendations
designed for general application:
➢ Continue the tradition of high quality development by adhering to the planning and design
principles cited in the 'Transition Area Design Guidelines.'
➢ Adhere to a maximum average calculated density of one dwelling unit per acre, except where
otherwise! recommended.
➢ Cluster uses in a creative manner to minimize impervious surfaces, protect open spaces and
optimize site amenity and design opportunities.
➢ Recognize that, when completed, Nimmo Parkway will be the major east -west arterial roadway in
this area, transforming North Landin Road to a minor collector role.
➢ Development proposals should including
berms, trees, buffers and trails to create safe, accessible and attractive roadway corridors and
internal green space.
➢ Design with nature by creating site plans that respect and showcase valued natural resources.
➢ Use all available resources including those provided by the City's Historic Review Board and
Historic Preservation Commission as well as the Princess Anne County/Virginia Beach Historical
Society to preserve designated historic resources.
➢ Efforts to retain these historic resources should be accomplished in a responsible and innovative
manner. The efforts include providing land use planning guidance and tax credit assistance to
owners of historic properties in order to help protect and preserve the City's limited number of
valuable historic resources and surrounding open space areas.
➢ Owners of qualified properties should be encouraged to participate in the Virginia Beach
Historical Register program and receive recognition for their contributions to our City's heritage.
➢ Incorporate into all public and private development plans a well-planned system of multipurpose
trails, greenways and other linkages, especially with regard to the Stumpy Lake -Back Bay
Greenway, to implement the strategic goals of the adopted Outdoors Plan. This Plan is available in
the online document library at www.ourfuturevb.com.
➢ Demonstrate that the capacity of roadways and other infrastructure in the Transition Area can
adequately support the demand placed on them by discretionary development proposals.
➢ Ensure alil projects employ energy efficient systems, preferably equivalent to or higher than
the standards set for the Leadership in Energy and Environmental Design (LEEDT"'')
'Certified' rating.
➢ Ensure all' development proposals conform to the provisions of the Oceana Land Use Conformity
program and AICUZ provisions.
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THE PRINCESS ANNE COMMONS
A majority of The Princess Anne Commons is located between Princess Anne Road and North Landing
Road. This area is divided into three parts: North Princess Anne Commons, Central Princess Anne
Commons, and South Princess Anne Commons.
NORTH PRINCESS ANNE COMMONS
The existing land uses in North Princess Anne Commons, comprise an array of public and private
activities including recreational, entertainment, medical, educational, office, and retail.
The location of North Princess Anne Commons is primarily located southwest of the intersection of Rosemont
Road and Dam Neck Road, east of the single-family residential development of Salem Lakes, north of Landstown
Road, and encompassing the Virginia Beach National Golf Course.
North Princess Anne Commons includes a variety of academic institutions including Landstown
Elementary, Middle and High Schools, the Virginia Beach Campus of Tidewater Community College, the
Higher Education Center for Old Dominion and Norfolk State Universities and the Advanced Technology
Center. Land uses between this academic village and Dam Neck Road include Princess Anne District
Park, the Farmers Market, retail shops, a residential area, a solid waste transfer facility, and the Public
Works/Public Utilities Operations facilities. The southern part of this area includes a medical village, an
athletic village, public parkland and other areas used for outdoor entertainment.
As a prominent 'Placemaker' in the City, 'North Princess Anne Commons' not only serves as the principal
gateway to the Virginia Beach Municipal Center and court complex, it has become a premier destination
offering the public a wide range of special events and services.
For example, North Princess Anne Commons includes: the Virginia Beach Amphitheater, Sportsplex, Virginia
Beach National Golf Course, the National Field Hockey Training Center, a regional medical campus with
specialized support services and a hierarchy of educational facilities that covers elementary to postgraduate
studies.
Each village within North Princess Anne Commons aligns with the strategic goals for the area. This destination
will continue to offer our citizens and visitors experiences that will enrich their lives and reaffirms that Virginia
Beach is a community for a lifetime.
Information about North Princess Anne Commons including Design Guidelines that affect this area is
available in the online document library at www.ourfuturevb.com.
NORTH PRINCESS ANNE COMMONS RECOMMENDATIONS
➢ Preserve and protect the large stand of mature trees at the corner of Princess Anne Road and Dam
Neck Road.
➢ Continue the theme of villages of academic institutions, medical, recreational and entertainment.
➢ Ensure well planned high quality economic development opportunities that promote the North
Princess Anne Commons Villages.
➢ Conduct a relocation feasibility study on the existing public facility yards located between Rosemont
Road and Princess Anne Road to assess possible alternative uses for this area.
➢ Any redevelopment of the City owned property on the north corner of Princess Anne Road and Dam
Neck Road should advance the City's goal of achieving the academic and medical villages. Should the
City decide to redevelop the existing Farmers Market site, careful consideration must be part of the
3
decision making process to determine the type, size and location(s) of similar 'farm -to -market' and
affiliated activities, thereby ensuring optimal economic benefit for farmers and others participants.
➢ Adhere to the Design Guidelines for Princess Anne Commons.
➢ Direct private access to Princess Anne Road will not be permitted except when the property in
question has no other reasonable access to the circulation system as it is part of the City's
Access Controlled road network, identified on page 6-8.
CENTRAL PRINCESS ANNE COMMONS
The location of Central Princess Anne Commons is generally south of the Virginia Beach National Golf
Course to just north of North Landing Road.
The existing land uses in the Central Princess Anne Commons Area are primarily rural residential,
forested, and cultivated land located within an area of several constraints including floodplain and jet
noise levels exceeding 75 dB DNL.
CENTRAL PRINCESS ANNE
COMMONS RECOMMENDATIONS
➢ Adhere to the Design Guidelines for Princess Anne Commons.
➢ Limit maximum residential density to that allowed 'By right' under existing zoning.
➢ The core area of Central Princess Anne Commons offers an opportunity for quality corporate office,
institutional, research, and similar facilities. The majority of the existing parcels within the 'core' are larger
than parcels fronting on Landstown and Salem Roads, offering good opportunities for quality
development. This Plan recommends that individual properties in the core should be consolidated to
create significant development sites (greater than 15 acres) appropriate for such development. Suitable
roadway and utility infrastructure must be available prior to development of this type.
➢ Light industrial uses, including business incubator and flex office/warehouse uses, are
aporopriate in areas outside of designated 'Special Areas' identified in the Interfacility Traffic Area
and Vicinity Master Plan. .
➢ With the close proximity of North Princess Anne Commons, this area is appropriate for additional
recreational uses.
➢ The area outside of the 'core' is recommended for continued by -right agricultural, equestrian, and
rural residential uses. Where parcels in this area are greater than 15 acres, quality office,
research, or similar development is acceptable if adequate infrastructure and services are
available.
➢ Acquisition of properties from willing sellers within Central Princess Anne Commons is
recommended consistent with the Oceana Land Use Conformity program.
SOUTH PRINCESS ANNE COMMONS
A major natural area is located along North Landing River where our City boundary adjoins that of
Chesapeake. This area should be preserved and enhanced, as needed, to protect this natural resource.
4
SOUTH PRINCESS ANNE
COMMONS RECOMMENDATIONS
➢ Promote acquisition of land from willing sellers along the corridor of the North Landing River and its
tributaries to protect valued natural resources and increase participation in the Navy's 'Encroachment
Partnering' program.
➢ Land uses in the area should be limited to the existing natural resource base, by -right rural
residential, and agricultural and related activities.
➢ A study of the potential use of this area as a major park or preserve should be conducted with
park development to follow, if feasible.
WORW-41ccT C-R remove completely)
Cre$sent i
TRANSITION AREA
The boundaries of the Transition Area now include North Landing, Princess Anne and Sandbridge Roads to
the north; New Bridge Road to the east; and Indian River Road to the south. The Transition Area, located
south of the Green Line and north of the rural area, is characterized by many high quality residential
neighborhoods that include significant open space areas. Much of the Transition Area has been developed.
However, undeveloped tracts of land, subject to AICUZ restrictions, are located in the western region of the
Transition Area along with a patchwork of smaller, undeveloped properties in the eastern sector that, for the
most part, are located outside the AICUZ impact areas.
The eastern edge of the Transition Area is in close proximity to the headwaters of Back Bay and the National
Wildlife Refuge. The central part of the Transition Area is bisected by the City's West Neck Creek District Park
R
corridor, a major natural corridor. Both natural features help define this area and provide unparalleled
amenities for those who live in and visit this area.
A map of the Transition Area and the planning policies that affect this area are presented earlier in this
chapter.
(Replace with revised map)
The Princess Anne tommons/Transhion Area 4.11
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Historic and C District
The Princess Anne tommons/Transhion Area 4.11
7
(Revised map removes references to Northwest Crescent)
Tne Princess Anne Comnons/Trans€rior, Area 4-11
SPECIAL AREAS
There are areas cienerally within 'The Princess Anne Commons' and 'Transition Area' that deserve
special attention, including the Historic Princess Anne Center, Interfacility Traffic Area, and the Interfacility
Traffic Area and Vicinity.
HISTORIC PRINCESS ANNE CENTER
Historic Princess Anne Center includes the Virginia Beach Municipal Center/Court Complex and the
surrounding environs. In addition to being the seat of our City government and court system, this
Center includes the Princess Anne Historic and Cultural Zoning Overlay District, a line of established
homes along North Landing Road and numerous small businesses and offices. The City owns much of
the land located outside the restricted noise zones in the northwestern area of this center.
This historic center is where Princess Anne Road meets Nimmo Parkway. Both are major roadways and
integral parts of the City's transportation system. The importance of this area as a strategic crossroads in
central Virginia Beach will continue to grow into the foreseeable future.
Historic Princess Anne Center is planned to expand its role as a highly attractive destination with a
balanced blend of residential, commercial and open spaces to complement the form and function of the
municipal center, court complex and historic district. While it will continue to serve as a gateway between
the urban north and rural south, this center will experience new and improved land uses that will enhance
the character of this important and historic area that is the seat of our municipal government.
HISTORIC PRINCESS ANNE
CENTER RECOMMENDATIONS
The following specific recommendations apply to the Historic Princess Anne Center area.
➢ Planned land uses, both public and private, should be compatible with those found in the
municipal center and court complex and, where appropriate, may include residential, office, retail,
service hotel and institutional uses.
➢ Expand coverage of the Princess Anne Historic and Cultural District to include all of the Historic
Princess Anne Center.
➢ New residential developments should include a reasonable amount of workforce housing units,
consistent with related City policies.
➢ The use, intensity and design of infill development along North Landing Road should reflect the
existing character of the Princess Anne Historic and Cultural District.
development.
➢ All projects proposed within the Princess Anne Historic and Cultural District must respect the heritage
and reinforce the integrity of the district's historic character. The scale, placement, massing and
proportion of buildings, additions and architectural details should be designed in a way that is consistent
with the historic character of this district.
➢ Ensure that new development in and outside the Princess Anne Historic and Cultural District
employs high quality site and buildinq designs that complement the classic Neo -Georgian
architecture of the municipal center.
➢ Integrate carefully planned landscaping and open spaces.
➢ The design of new or improved roadways located within or approaching this Center must reflect
exceptional quality in keeping the character of this historic area.
➢ Improve mobility by limiting roadway access points along arterials and adhere to the
recommendations of the Princess Anne Corridor Study (document available in the online document
library at www.ourfuturevb.com)
➢ Direct private access to Princess Anne Road will not be permitted except when the property in
question has no other reasonable access to the circulation system as it is part of the City's
Access Controlled road network, identified on page 6-8.
INTERFACILITY TRAFFIC AREA
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The Interfacility Traffic Area (ITA) is a product of the Hampton Roads Joint Land Use Study and the City's
Oceana Land Use Conformity program. The ITA was created in 2005 to address land use compatibility
issues associated with frequent overflights of military jets in this part of the City.
The boundary of the ITA generally overlaps 'The Princess Anne Commons' and includes portions of the
'Transition Area' impacted by noise zones at or greater than 65 dB DNL. The planning policies affecting
the ITA have been carefully written to achieve compliance with the provisions of the City's adopted
Oceana Land Use Conformity program.
The entire Interfacility Traffic Area is subject to certain development limitations due to jet noise restrictions
and must be carefully planned to achieve a coherent and compatible land use pattern.
Of the roughly 4400 acres within this special area, less than half are developable due to the presence of
water, wetlands, existing development or other constraints.
The Southeastern Parkway is planned to traverse the ITA in a northeast to southwest direction and will
include interchanges at Princess Anne and Indian River Roads.
INTERFACILITY TRAFFIC
AREA RECOMMENDATIONS
In addition to the General Recommendations for the Transition Area, the following specific
recommendations apply to the Interfacility Traffic Area:
➢ Adhere to the provisions of the Oceana Land Use Compatibility and AICUZ programs that
include:
o Limiting maximum residential density to that allowed 'By right' under existing zoning.
o Promote business growth that aligns with the City's economic growth strategy and conforms to
the Oceana Land Use Conformity program.
o Promote acquisition of land from willing sellers along the corridor of the North Land River
and its tributaries to protect valued natural resources and increase participation in the
Navy's 'Encroachment Partnering' program.
➢ Properties within the Interfacility Traffic Area located south of the proposed Southeastern
Parkway that front on Princess Anne Road are planned for office, educational, institutional and
other AICUZ compatible uses. Parcels should be consolidated to provide more attractive, well
planned, and efficient use of land. Such unified development should utilize reverse frontage
access with internal roadway links to existing points of access on Princess Anne Road or,
where available, by connecting to other tracts of land that afford access to Nimmo Parkway.
No new access points to Princess Anne Road are recommended for properties that develop in
this unified fashion.
➢ Complete right-of-way acquisitions needed to build the Southeastern Parkway.
➢ Ensure that future infill uses within the Princess Anne Commons complement the activity and
quality of existing public venues.
10
➢ Direct private access to Nimmo Parkway or Princess Anne Road will not be permitted except
when the property in question has no other reasonable access to the circulation system as it is
part of the City's Access Controlled Roads network, identified on page 6-8.
(New map showing ITA and Vicinity boundary)
DESCRIPTION
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INTERFACILITY TRAFFIC AREA AND VICINITY
MASTER PLAN BOUNDARY
The Princess Anne Commons/Transition Area
INTERFACILITY TRAFFIC AREA AND VICINITY
4.13
In January 2010, the City began work on a Master Plan for the Interfacility Traffic Area (ITA) and Vicinity.
As with other area plans, the process relied heavily on input from the Public, property owners, business
community, City leadership, as well as the Navy. Although the planning process was similar to that used
for the Strategic Growth Areas, the ITA and Vicinity is not a Strategic Growth Area and therefore should
not compete with economic development activity intended for the SGAs. This area will focus on providing
locations for rural or campus -like development that may not be suitable in a more urban setting.
More specifically, the ITA vision prioritizes strengthening development nodes along the Princess Anne
Corridor. In areas where residential uses fall outside of restricted AICUZ zones vibrant mixed-use
districts are envisioned where people can live, work, and recreate within walking distance to services and
gathering spaces.
11
Because much of the development focuses on concentrated uses, campus models can create a beautiful
interconnected character for the area. This tradition is already present in the current Municipal Center,
Princess Anne Commons, Sportsplex, Sentara Hospital Complex, and College Campuses. The intent is
to reinforce and infill these campuses and to create new clusters and guadranales for research and
development, religious facilities, and incubator and medical offices. There was strong support for
integrating these centers for research and green technologies. Thoughtful implementation of this vision
will position the 11-A and Virginia Beach as a leader in sustainable urban edge development.
INTERFACILITY TRAFFIC AREA AND VICINITY RECOMMENDATIONS
➢ with extensive connectivity throughout ITA and Vicinity
➢ Protection of most sensitive land
➢ Residential development limited to areas outside of AICUZ restricted areas
➢ Mixed use: town center style development in the Municipal Center and Historic/Cultural District
➢ Low -impact campus style development for work, education, research, recreation and worship
remaindE:r of ITA and Vicinity Area)
➢ Guidelines for building types to ensure appropriate quality and character
➢ Expansion of suburban infrastructure in northern but not southern part of ITA and Vicinity Area
south of Indian River Road
➢ Development remains limited along existing unimproved infrastructure
➢ Potential For extension of mass transit service to Princess Anne Commons and the Municipal
Center
The ITA and Vicinity Master Plan identifies six nodes or "places" with specific recommendations for each:
MUNICIPAL CENTER
View of new development with cafe and residential infill buildings
The Municipal Center provides the opportunity for development that is not affected by the AICUZ
restrictions. By capitalizing on this opportunity and introducing the potential for infill development, a
variety of options is created.
➢ Capitalize on historic character and buildings in the Municipal Center
12
➢ Create structured parking decks to free land for development
Line streets and spaces with new mixed use buildings to create a consistent pedestrian network
➢ Introduce a mix of residential units into the district to enliven the complex around the clock and
provide attainable housing for City workers
➢ Cumulative infrastructure impacts must be studied and the Capital Improvement Program
amended for more intense development than what is considered in the Program Capacitv
Program Capacity:
➢ Potential for 300,000 square feet of new office space for mixed-use or flexible government space
HISTORICICULTURAL DISTRICT
View down Princess Anne Road in Historic/Cultural District
There is a strong desire to restore and reinforce the district's historic character. Buildings are evaluated
to determine whether renovation and reuse is feasible, and efforts are made to keep historic buildings
when possible.
➢ Capitalize on historic character and buildings on North Landing Road
➢ Focus parking behind buildings
➢ Line streets and spaces with low-rise mixed use buildings of two and three stories
➢ Focus attention on appropriate streetscaping elements to enforce the historic character including
street lamps, planters, benches, and other elements
➢ Develop consistent architectural character using Virginia precedents such as Williamsburg
➢ Restore and reuse the Buffington House as a public or private community amenity
➢ Preserve Courthouse building
Program Capacity:
➢ Small footprint infill buildings along Princess Anne Road and North Landing Road
13
PRINCESS ANNE COMMONS
Aerial view of Princess Anne Commons
Princess Anne Commons will be the City of Virginia Beach's center for integrated education, research
health care, and vvellness facilities.
➢ Complete the existing development into a health, education, and research campus
➢ Use landscaping and building placement to create quad -like spaces
➢ Encourage incubator space for biotechnology, biomedical, and research companies
➢ Plan buildings to allow for structured parking to be phased as density increases
➢ Cumulative infrastructure impacts must be studied and the Capital Improvement Program
amended for more intense development than what is considered in the Program Capacity
Program Capacity:
➢ Potential for 100,000 square feet of retail
➢ Potential for 1.7 million square feet of office, research, and education space
PRINCESS ANNE CORPORATE PARK
Aerial view of Princess Anne Corporate Park
Princess Anne Corporate Park supports ancillary uses to the medical and research institutions nearby in
Princess Anne Commons and provides an opportunity for health and wellness related businesses.
➢ Provide office and commercial development potential for the City of Virginia Beach
14
➢ Group buildings along streets and place parking behind to improve the quality of the pedestrian
experience
➢ Employ landscaping and sustainable stormwater management techniques to "green" the
development and link it to the trail and open space framework
➢ Cumulative infrastructure impacts must be studied and the Capital Improvement Program
amended for more intense development than what is considered in the Program Capacity
Program Capacity:
➢ Potential for City -led development of two million square feet of office, research and light industrial
space
➢ Strive to achieve 50% open space
➢ Multidisciplinary focus
BROWN FARM AREA
Aerial view of Brown Farm Area
The farm formerly owned by the Brown family provides opportunity for institutional (e.g., church), retail,
and office uses in a series of campuses centered around a town square. Development preserves open
space and maintains a rural character.
➢ Determine the appropriate level of development within the Transition Area of the Citv
➢ Allow for development of a new church and accompanying school and recreation fields
➢ Tailor development patterns to types of users which fit market demand for this piece of land
➢ Cumulative infrastructure impacts must be studied and the Capital Improvement Program
amended for more intense development than what is considered in the Program Capacity
Program Capacity:
➢ Office and Research Campuses
➢ "Town Square" for church, retail, and office space
➢ Extension of West Neck Parkway and Nimmo Parkwav
➢ Strive to achieve 50% open space
➢ 75 acres: Church, schools, and athletic fields
➢ 200 acres: Campus development (potential for 2 million square feet)
➢ 244 acres: Open space and roads
15
SUSTAINABLE LA13ORATORYAND SERVICES
Aerial view of Sustainable and Laboratory Services Area
This 'Green Villa cie' _supports public and private uses, education, and civic groups focused on
sustainability efforts. The area brings high profile research lobs and presence, helping reinforce Virginia
Beach's image a:s a green city.
➢ New location for City Waste Management facility on Dam Neck Road
➢ Create a `green village' with leasable space for green technology providers
➢ Encourane sustainable education and research
➢ Cumulative infrastructure impacts must be studied and the Capital Improvement Program
amended for more intense development than what is considered in the Program Capacity
Program Capacity:
➢ Potential for 100 acres for transfer station, storm debris, and biofuel facility
The full set of recommendations can be found in the ITA and Vicinity Master Plan, which is available in
the document library at www.ourfuturevb.com.
16
(New graphic showing ITA and Vicinity Master Plan)
The Princess Anne Commons/Transition Area
17
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21
December 8, 2010 Public Hearing
CITY OF VIRGINIA BEACH
AMENDMENT TO THE COMPREHENSIVE
FLAN - INTERFACILITY TRAFFIC AREA
AND VICINITY MASTER PLAN
REQUEST:
An Ordinance: to amend the Comprehensive Plan by adopting the Interfacility Traffic Area and Vicinity
Master Plan, October 2010.
SUMMARY OF AMENDMENT
In January of 2010, the City began a planning study for the development of a master plan for the
Interfacility Traffic Area and Vicinity. The public planning process relied heavily upon input from
stakeholders, residents, land owners, the Navy and various City Departments. This participation served to
inform and guide the analysis, design alternatives and eventual plan recommendations.
This master plan provides recommendations regarding land use, open space, utilities, building design,
roadway and trails, creating opportunities for growth compatible with the AICUZ restrictions of the
Interfacility Traffic Area. The attached amendments revise the Comprehensive Plan accordingly and
direct the reader to the Comprehensive Plan's online Document Library for a full copy of the Interfacility
Traffic Area and Vicinity Master Plan.
RECOMMENDATION
The Interfacility Traffic Area and Vicinity Master Plan is the result of an extensive public participation
process involving residents in the area, property owners, the business community, environmentalists,
Navy, City and other stakeholders. The document provides guidance to assist in creating a sense of place
within the many components of the Interfacility Traffic Area and Vicinity. The master plan sets the
framework to continue forward in a direction that reflects the area's history, is sensitive to the
environment, acknowledges existing and responds to the challenges of transportation and infrastructure
needs.
Staff recommends adoption.
CITY OF VIRGINIA BEACH - INTERFACILITY TRAFFIC AREA & VICINITY MASTER PLAN
Agenda Item 21
Page 1
Item #21
City of Virginia Beach
An amendment to the Comprehensive Plan — Interfacility Traffic Area and
Vicinity Master Plan
December 8, 2010
APPROVED
An ordinance to amend the Comprehensive Plan by adopting the Interfacility Traffic Area and Vicinity
Master Plan — October 2010.
AYE 11 NAY 0 ABS 0 ABSENT 0
ANDERSON AYE
BERNAS AYE
FELTON AYE
HENLEY AYE
HORSLEY AYE
KATSIAS AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
Karen Prochilo presented this amendment to the Commission. Eddie Bourdon and R.J. Nutter spoke in
support of the amendment. There was no opposition present.
-
M. APPOINTMENTS
CLEAN COMMUNITY COMMISSION
COMMUNITY MEDICAL ADVISORY COMMISSION
ENERGY ADVISORY COMMITTEE
HAMPTON ROADS PLANNING DISTRICT COMMISSION
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
OPEN SPACE ADVISORY COMMITTEE
RESORT ADVISORY COMMISSION
TIDEWATER YOUTH SERVICES COMMISSION
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 385-4303
Agenda 01/25/2011 gw
www.vb og v.com
CITY OF VIRGINIA BEACH
CITY COUNCIL BRIEFING:
SUMMARY OF COUNCIL ACTIONS
MAYOR'S ALTERNATIVE ENERGY
Stephen R. Romine,
DATE: 1/11/2011
B
REPORT — Dendron Power Plant
Attomey,
PAGE: 1
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LeClairRyan
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AGENDA
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ITEM # SUBJECT MOTION VOTE
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CITY COUNCIL BRIEFING:
MAYOR'S ALTERNATIVE ENERGY
Stephen R. Romine,
REPORT — Dendron Power Plant
Attomey,
LeClairRyan
David Hughes,
Director, ODEC
11/1
CITY MANAGER'S BRIEFINGS
Lynn Clements,
Director— Museums
AQUARIUM BLACKBAUDE
Gwen Cowart,
SOFTWARE SYSTEM
Director—
Communication and
Information
Technology
David Bradley,
2
COMPARATIVE INDICATORS—
Management
Hampton Roads Cities
Services
Administrator
3
GOVERNOR'S PROPOSED BUDGET
Catheryn Whitesell,
Director—
Management
Services
III/IVNNI
CERTIFICATION OF CLOSED
CERTIFIED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
`(
NII/E
SESSION
F-1
MINUTES—December 14, 2010
APPROVED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
`r
G/H/1-1
BID OPENING:
STAFF TO MAKE
RECOMMENDA
GOLF COURSE OPERATION
TION TO
COUNCIL
B
Y
C
O
N
S
E
N
S
U
S
Bow Creek/Kempsville/Greens/Redwing
J/1
Ordinance toAMEND §2-3 of City Code
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
re term limits Boards/Commissions
CONSENT
2
Ordinance to AUTHORIZE acquisition
DEFERRED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
of 215 North Birdneck Road for
INDEFINITELY,
Lighthouse Mul&Service Center
BY CONSENT
services forHomeless
3
Ordinance to CONFIRM
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
DECLARATION of local emergency due
CONSENT
to December 2010 Winter storm
CITY OF VIRGINIA BEA CH
Ordinance to ACCEPT/
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
SUMMARY OF COUNCIL ACTIONS
Y
Y
APPROPRIATE $70,401 Four -for -Life
CONSENT
DATE: 1/11/2011
B
funds re training/equ,pment forEMS
PAGE: 2
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K-1
S. DAWSON/SUSAN P. STERLING
ALLOWED
11-0
L
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E
D
Y
H
Y
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Y
W
Y
AGENDA
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11-0
O
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4
Ordinance to ACCEPT/
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
APPROPRIATE $70,401 Four -for -Life
CONSENT
funds re training/equ,pment forEMS
K-1
S. DAWSON/SUSAN P. STERLING
ALLOWED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Nonconforming Use re two structures at
WITHDRAWAL,
801 Baltic Avenue (DISTRICT 6-
BY CONSENT
BEACH)
2
CHESAPEAKE ATI: ANTIC, LLC,
APPROVED AS
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Modification of Conditioal COZ
PROFFERED, BY
(approved 10/24/06) re south side of the
CONSENT
property at 173/177 South Birdneck
Road/1228 Jensen Drive. (DISTRICT 6 -
BEACH)
3
ROY E. BRINN, JR. to subdivide the
DEFERRED TO
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
lot/al Iowadditional single family home
3/22/11, BY
at 3453 Robinson Road ()ISTRICT 7-
CONSENT
PRINCESS ANNE)
Variance to §4.4(b) of Subdivision
Ordinance that all lots meetCZO.
Floodplain Variancefor driveway
4
ELIZABETH CLAIRE CUP re home
APPROVED/
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
occupation (publishin;) at 1832 Tolstoy
CONDITIONED
Drive (DISTRICT 7- PRINCESS
BY CONSENT
ANNE)
5
VIRGINIA INDEPENDENCE
APPROVED/CON-
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
TRAINING ORGANIZATION,
DITIONED AS
INC/GSH COLLEGE PARK
REVISEDBY
ASSOC CUP re child/adultspecial
COURT
needs day care at 6056 Providence
Road (DISTRICT 2-1<BMPSVILLE)
L.
APPOINTMENTS:
CLEAN COMMUNITYCOMMISSION
RESCHEDULED
B
Y
C
O
N
S
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N
S
U
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COMMUNITY MEDIAL ADVISORY
COMMISSION
ENERGY ADVISORY COMMITTEE
HEALTH SERVICES ADVISORY
BOARD
HUMAN RIGHTS COMMISSION
OPEN SPACE ADVISORY
COMMITTEE
RESORT ADVISORY COMMISSION
TIDEWATER YOUTH SERVICES
COMMISSION
CITY OF VIRGINIA BEACH
LOCAL FINANCE BOARD
Appointed
11-0
Y
Y
Y
Y
Y
Y
Y
Y
SUMMARY OF COUNCIL ACTIONS
Y
Y
2 Yr. Tenn
DATE: 1/11/2011
B
1/1/11-12/31/12
PAGE: 3
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City Treasurer
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1
O
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11-0
O
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H
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Y
S
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IN
N
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LOCAL FINANCE BOARD
Appointed
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
2 Yr. Tenn
1/1/11-12/31/12
City Treasurer
Director of Finance
Chief Financial
Officer
PERSONNEL BOARD
Reappointed
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
3 Yr Term
3/1/11-2/28/14
Robert W. Hall
William Howard
Plackett
VIRGINIA BEACH TOMORROW
No Term
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Appointed
John Malbon
Gary McCullum, Co
Chairs
Georgia Allen
Dr. Deborah
DiCroce,
Dan Edwards
Naomi Estaris
Rob Goodman
Ed Hamm
Paul Hirschbiel
Steve Kelly
Aubrey Lane
Bert Reese
Tim Stiffler
WETLANDS BOARD
Appointed
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Unexpired thru
9/30/12
Leonard Ashley
Johnson
M/N/0
ADJOURNMENT
6:1OPM
PUBLIC COMMENT
6:11-6:15PM
2SPEAKERS
CITY OF VIRGINIA BEA CH
SUMMARY OF COUNCIL ACTIONS
DATE: 1/11/2011
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CITY COUNCIL RETREAT
8:30 AM — 5:00 PM
FRIDAY and SATURDAY
January 21-22, 2011
CONFERENCE ROOM
Suite 1000