JANUARY 25, 2011 MINUTESCITY COUNCIL
MAYOR WILLIAM D. SESSOMS, JR., Ai -Large
VICE MAYOR LO( 7S R. JONES, Bayside - District a
RITA SWEET BELL1770, At -Large
GLENN R. DA VIS, Rose Hall - District 3
WILLIAM R. DeSTLPH, At -Large
HARRY E, DIE7EL, Kempcville - District 2
ROBERT M. DYER. Centerville - District I
BARBARA M. HENLEY, Princess Anne -- District 7
JOHN E. UHRIN, Beach District 6
ROSEMARY WILSON, Al -Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER -JAMES K. SPORE
CITYA7TORNEY MARKD. STILES
CITYASSESSOR JERALDD. BANAGAN
CITY AUDITOR -- LYNDON S RIMIAS
CITY CLERK — RUTH HODGES FRASER, AMC
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: (75 7) 385-4303
FAX (75 7) 385-5669
E-MAIL: Ctycncl@vbgov.com
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
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. 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
K.
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
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:
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
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
1. 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 Chanize 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
A
7
DISTRICT 6 - BEACH
RECOMMENDATION
APPROVAL
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
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
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.vbgov.com
-1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 25, 2011
Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL'S BRIEFING re the ENVISION
TRANSPORTATION PROJECT in the City Council Conference Room, Tuesday, January 25, 2011, at
3: 00 P.M.
Council Members Present:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph,
Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor
Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 25, 2011
-2 -
CITY COUNCILS BRIEFING
ENVISION TRANSPORTATION PROJECT
ITEM # 60583
3:00 P.M.
The City Manager advised approximately a year ago, the City contracted with the Hampton Roads
Center for Civic Engagement re the Envision Transportation Project. Transportation remains the
Number One issue. Jim Oliver, Chairman of the Board — Hampton Roads Center for Civic Engagement,
and Betsy McBride, Executive Director, provided the Briefing..
Mr. Oliver advised Envision Transportation is "A community conversation on transportation choices in
Virginia Beach'. The City of Virginia Beach has always taken their vision very serious.
Ms. McBride acknowledged the City Manager, Steve Herbert and Susan Walston - Deputy City
Managers, Ken Wheeler - Master Communications Strategist, who assisted with the most difficult
meetings, Todd Sullivan assisting with the PowerPoint and Mary Hancock, Media and Communications,
who attended the monthly meetings.
Democracy depends on access to information. Citizens have a role in planning for their community.
Project Purpose
"To bring the citizens of Virginia Beach into an open, inclusive and productive
conversation about transportation possibilities and challenges for the community, leads
to local transportation policy decisions that are informed by citizen values and
preferences "
Primary Goals
To provide accessible information linked to topics identified by the citizens of Virginia
Beach
To bring new possibilities to the community
To provide "spaces" for citizens to participate and express their interests and
preferences
New and Accessible Information
www.envisiontransportation.com
13,133 page views
Visitors from thirty (30) countries
Ten new visitors per day for the last ten (10) months
The City staff from ComIT, Libraries, MCG and Planning helped plan the site and secure the
information. Depictions of the Home, Typical Topics, Citizens Working Group, Video Gallery,
and Discussion Forum pages were displayed. Hampton Roads Center for Civic Engagement
maintains the site.
January 25, 2011
-3 -
CITY COUNCILS BRIEFING
ENVISION TRANSPORTATION PROJECT
ITEM # 60583 (Continued)
New Possibilities
Stewart Schwartz, Coalition for Smarter Growth (Washington, D.C.)
Michael Ronkin, "Complete Streets" (Switzerland)
Dan Burden, Walkable and Livable Communities Institute
(Port Townsend, Washington)
Common Themes
Transportation and land use are inextricably connected to a community's quality of
life, economic growth and increased property values
Traffic congestion can be reduced and financial and environmental resources can be
saved by retrofitting streets and street patterns
Each speaker was captured on high quality video by VB 48 Television and anyone can view the speakers
on the website. Approximately nine hundred (900) individuals have gone "on line" to view the speaker
videos.
Betsy McBride advised the process included different means to participate. Citizens could participate in
person or "on-line". The Citizens did both. The Citizens Working Group was convened five (5) times
and generated two significant products. They framed the public issues connected to transportation
topics, an issue listing that could be used by the City for future community dialogue. The Citizens
Working Group also developed a set of questions that might be the basis for a citizen's guide to
transportation, The City might develop this information tool or perhaps invite the Hampton Roads
Transportation Planning Organization (HRPTO) to use this information question list as the basis for a
"Regional Guide for Citizens ". The Citizens Working Group also provided suggestions for speakers and
topics. More than one method was needed for citizens to express their preferences. The Online Survey
was carefully designed. Notices relative the Survey, through multiple electronic newsletters, newspaper
advertisements, event announcements and organizational e-mail lists, were utilized. The Survey was also
made available on multiple facebook locations. Approximately seven hundred (700) individuals
participated in this survey. Eight (8) Community Dialogue Sessions were scheduled by the Project team
and two (2) additional Dialogues were organized by outside organizations. The Community Dialogues
commenced with a short video.
The Citizens Working Group
Issue Identification
Community Information Needs
Speaker Suggestions
Recommendation for Continued Involvement
January 25, 2011
-4 -
CITY COUNCILS BRIEFING
ENVISION TRANSPORTATION PROJECT
ITEM # 60583 (Continued)
The Online Survey
Priorities for transportation decisions
Best way to reduce traffic congestion
New sources for transportation funding
Barriers to building bike paths
Value of Sidewalks
Community Dialogues
What about Virginia Beach is valuable to you and must be preserved?
What principles should guide public decisions related to transportation?
If you had one dollar to divide across transportation options or improvements, how
would you spend it?
There was strong interest in Public Transportation expressed in both the survey and the Community
Dialogue. Fifty (50) percent of survey respondents said that increasing Public Transit is the best way to
reduce traffic congestion. Community Dialogue participants voted to expend nearly three (3) times the
amount for Public Transportation as on roads. The tally for Light Rail was the highest of any single
transportation improvement option suggested by Dialogue participants. Right behind Light Rail was
support for expanded bus service. Participants also cast votes for smaller circulated buses, trolleys, bus
rapid transit, paratransit and higher speed rail. Support for improvements related to bike and pedestrian
travel were nearly identical.
What We Heard
Participants want decision makers and managers to be careful with the public purse
Participants want the decisions related to transportation funding, impacts and service
options to be fair
Strong interest in public transportation was expressed in the Survey and the Community
Dialogues
Participation — the Numbers
4,637
Citizens Working Group, Web visitors, Survey,
Dialogues, Briefings
Direct email contacts: 16,257
January 25, 2011
-5 -
CITY COUNCILS BRIEFING
ENVISION TRANSPORTATION PROJECT
ITEM # 60583 (Continued)
Survey
Survey — best way to reduce traffic congestion
• Increase Public Transit 50 %
• Increase road lanes 17.2%
Dialogue Ballot Allocations
• All Public Transportation 48.4% of resources
• All Road Improvements 16.6% of resources
What We Heard
The tally for light rail was the highest of any single transportation
improvement option
Transportation Improvements from Dialogue Ballots
Light Rail
16.7%
Expanded Bus Service
14.3%
Additional Roads
5.4%
Higher Speed Rail
5.1%
What We Heard
Support for improvements for bike and pedestrian travel was nearly
identical
Walking and Biking Transportation Improvements from Dialogues
Pedestrian Transportation Improvements
14.4% ballots listed
9.2% total resources allocated
Bike Transportation Improvements
13.6% ballots listed
9.5% total resources allocated
What We Heard
Dialogue participants said that existing roads should be redesigned
and retrofitted
Participants were creative about new sources of transportation funding
Thirty-two (32) different "new sources" offunding were offered by
Survey respondents
January 25, 2011
Kez
CITY COUNCIL'S BRIEFING
ENVISION TRANSPORTATION PROJECT
ITEM # 60583 (Continued)
To provide new sources of funding for transportation, we should.
• Use public/private partnerships
54.5%
• Raise the tax on gas
45.5%
• Put tolls on major roads
34.0
• None of the above
7.5
• Other — the list of 32 suggestions
Concerning other Public Issues, many expressed the view that bus service is the "weakest link" in the
system and changes in that service are critical to the delivery of an effective public
transportation system.
Many participants understand the redevelopment potential of light rail to increase the value of property
in the corridor and around stations but some take issue with the potential "maldistribution" of costs
and benefits related to building and operating light rail in Virginia Beach or any place.
January 25, 2011
-7 -
CITY MANAGER `S BRIEFING
VIRGINIA BEACH GROW SMART/SMART Beginnings Early Learning Challenge Grant
ITEM # 60584
3:48 P.M.
Marcy Sims, Director — Libraries and Megan Robinson, Virginia Beach Grow Smart Coordinator,
presented information re Virginia Beach GrowSmart: Smart Beginnings Early Learning Challenge
Grant.
The first five (5) years are critical. 90% of brain development occurs in the first five (5) years of life.
A positive early childhood leads to:
• Strong families
• Increased graduation rates
• Lower crime rates
• Higher earning potential
In 1997, City leadership assigned staff to focus on early childhood and preparing children for success in
school.
VIRGI _ BEACH
SMART
, Planting the seeds for a successful life.
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Ready to Levin
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VIRGINIA BEACH
January 25, 2011
".1
CITY MANAGER'S BRIEFING
VIRGINIA BEACH GROW SMART/SMART Beginnings Early Learning Challenge Grant
ITEM# 60584 (Continued)
a
VBGrowSmart: A Systems Approach to Serving Prenatal to 5 year olds
SOSINF'ss / FoRtkfNE,00
Virginia Beach GrowSmart Vision:
"All children in the City of Virginia Beach will be born healthy, continue to thrive and enter
kindergarten ready to succeed in school and life."
VBparents.com: A comprehensive, "one-stop " online resource for Virginia Beach parents emphasizing
the City's commitment to families and children.
rr VBParents.com was referenced in an article in U.S.
News and World Report listing Virginia Beach as one of
America's 10 Best Places to Grow Up.
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America's 10 Best Places to Grow Up
r Low crime, strong schools, green spaces, and fun activities
BparentS.COM are key ingredients for a happy childhood
By Luke Mullins, August 19, 2009
Virginia Beach is # 1
January 25, 2011
To capitalize on
opportunities andNx'N\
maximize resources, we
created a city-wide entity
that enables us to bring
together a myriad of
organizations,
V
government, non-profit
and community agencies
...........
serving pre -natal to five
year olds
Virginia Beach GrowSmart Vision:
"All children in the City of Virginia Beach will be born healthy, continue to thrive and enter
kindergarten ready to succeed in school and life."
VBparents.com: A comprehensive, "one-stop " online resource for Virginia Beach parents emphasizing
the City's commitment to families and children.
rr VBParents.com was referenced in an article in U.S.
News and World Report listing Virginia Beach as one of
America's 10 Best Places to Grow Up.
0:1�.... M f ♦.*.
,dab
oil
America's 10 Best Places to Grow Up
r Low crime, strong schools, green spaces, and fun activities
BparentS.COM are key ingredients for a happy childhood
By Luke Mullins, August 19, 2009
Virginia Beach is # 1
January 25, 2011
190
CITY MANAGER'S BRIEFING
VIRGINIA BEACH GROW SMART/SMART Beginnings Early Learning Challenge Grant
ITEM # 60584 (Continued)
Smart Beginnings South Hampton Roads (SBSHR)
Early Learning Challenge (ELC) Grant:
$500,000 over 5 years to implement Virginia Beach's
highest priorities
Award for Year 1 = $165,750
Award for Year 2 = $154,250
3 Goal Areas:
• Transition to Kindergarten
• Young Parents
• Small Business Development and QRIS (Quality Rating and
Improvement System) Ratings for Daycare Centers
Goal One: Transition to Kindergarten:
Why is this important?
Components of a Transition Plan
School readiness leads to school success
Parents, schools and communities play a role
Each school year a child repeats costs taxpayers almost $8,000 per child
What did we accomplish in Year One?
Sixty (60) teachers attended a Kindergarten Transition Workshop in December 2010
Nearly half expressed an interest in participating on a Transition Taskforce
What we heard: New transition activities and techniques; better communication between
teachers; parental involvement and community support
Proposed Year 2 Activities
• Create a Transition Taskforce
• Align curriculum between Preschool and Kindergarten
• Model School Registration Program
Projected Year 2 Outcomes
• Increase in literacy proficiency as evidenced by PALS (Phonological Awareness
Literacy Screening) scores (for Kindergarten)
• Increase in understanding and alignment of curricula between Preschool and
Kindergarten teachers
• Decrease in difficult transitions for children
January 25, 2011
-10 -
CITY MANAGER'S BRIEFING
VIRGINIA BEACH GROW SMART/SMART Beginnings Early Learning Challenge Grant
ITEM # 60584 (Continued)
Goal Two: Young Parents
Why is this important?
Maternal education is a strong predictor of children's
language, cognitive and academic development
Percent of Kindergarteners Passing Proficiency Levels in Fall
100
90
so
70
60
50
40
30
20
10
0
Letter Beginning # & Shapes Relative Size
Recognition Sounds
Maternal Education
Less than HS
■ HS
■ Some College
IM BA
(NCES, 2M))
Babies born to teenagers are at higher health risks
In 2009, 411 Virginia Beach teens gave birth
In 2009, the Princess Anne Center for Pregnant Teens closed
At least 1/3 of students who become pregnant in school drop out
Teenage pregnancies in the United States remains substantially higher compared to
other Western countries
What did we accomplish in Year One?
Young Parents Taskforce
Survey and focus groups of pregnant teens and young mothers
16 young women completed the Happiest Baby on the Block and 6 completed Every
Child Ready to Read classes at Renaissance Academy
Resource Guide to assist school counselors, social workers and nurses
Happiest Baby on the Block
January 25, 2011
-11 -
CITY MANAGER'S BRIEFING
VIRGINIA BEACH GROW SMART/SMART Beginnings Early Learning Challenge Grant
ITEM # 60584 (Continued)
Goal Two: Young Parents — Continued
Proposed Year 2 Activities
Continue to deliver programming to Renaissance students
Expand programming to teen fathers and dropout population
Create a Mentoring Program
Projected Year 2 Outcomes
Improved parenting skills and access to resources
Increased graduation rate for teen parents
Goal Three: Business Development Support and QRIS (Quality Rating
and Improvement System Ratings) for Child Care Centers
• In 62% of Virginia Beach families with children under the age of 6, both parents work and
may need childcare
• Employee absenteeism due to childcare issues costs American businesses over $3 -Billion per
year
• Only 30% of Virginia Beach centers are participating in QRIS
• Centers lack the tools to become profitable, sustainable small businesses in the community
What did we accomplish in Year One?
Creation of an eight course business series
Individualized, one-on-one support
Participants completed business plans, budgets, and marketing efforts
Four centers completed SBDC program
Eight centers enrolled in QRIS
Year One Outcomes
Enrollment increased an average of 12%
PAS Scores for the Centers increased an average of 56%
Profits increased
Proposed Year Two Activities
• Enroll an additional eight (8) Centers in the SBDC program
• Provide early literacy programming at QRIS Centers
• Target Strategic Growth Areas
Projected Year Two Outcomes
• Increase in QRIS rated Centers in Virginia Beach
• Increase in profits and improved PALS (Phonological Awareness Literacy Screening)
Scores at Virginia Beach Centers
• Improve PALS (Phonological Awareness Literacy Screening) Scores for children
January 25, 2011
-12 -
CITY MANAGER'S BRIEFING
VIRGINIA BEACH GROW SMART/SMART Beginnings Early Learning Challenge Grant
ITEM # 60584 (Continued)
Leveraging & Sustaining the Early Learning Challenge (ELC) Grant
$154,250 total requestfor Year 2
Emphasizes City -School Partnership
Connects to the City's Strategic Growth Areas
Supports the Mayors' Action Challenge
January 25, 2011
-13 -
CITY MANAGER'S BRIEFING
WASTE MANAGEMENT
ITEM # 60585
4:12 P.M.
The City Manager advised Waste Management is one of the core functions of local Government. Over
the course of this coming year, some very big decisions will be the purpose is to commence this journey.
This information consists of two (2) Presentations:
25 January 2011- City Operations
Service delivery FY2012 thru FY2918
21 June 2011 - Post SPSA
Operations/Disposal Alternatives following end of current
Contract period (17 January 2018)
David Hansen, Deputy City Manager and Phil Davenport, Operations Support Administrator — Public
Works, presented information re Waste Management. Mr. Davenport advised there are four (4) major
City Operations within Waste Management:
City Operations
Collections
Recycling
Disposal
Program Support
u n i c i p a r_.5-ofi d
Collection
January 25, 2011
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CITY MANAGER'S BRIEFING
WASTE MANAGEMENT
ITEM # 60585 (Continued)
Collections
Municipal Solid Waste Collections (MSN
Black Containers
Residential Only/Once Weekly Collection
123,660 Customers/6.4-Million Collections
40, 000 Multi family units not serviced by City
27,525 Businesses in Virginia Beach must acquire Private Service
Four Collection Days: Tuesday — Friday
152,000 Tons/Year
38 routes/Day
42 FTE's
Municipal Solid Waste Costs
• $14.8 -Million per Year
• $1041Ton ($39 Collection/$65 Disposal)
• $10/Month/Residence
Municipal Solid Waste initiatives
Tandem vs. Single Axle Vehicles
Routing Maximization
Yard Debris Collection
Once/Weekly Service, same as Municipal Solid Waste
Bagged Grass/Leaves and Brush
Avoids MSW (Municipal Solid Waste) Contamination
Keeps Material Out of Storm Drains/Ditches
Emergency Response
3 7, 000 Tons Yearly
18-24 Rear Loader Vehicles
36 FTE's (Full Time Employees)
Yard Debris Costs
$3.6-Million/Year
$97.30/Ton Cost Collection and Disposal
Cost $2.44IMonth/Residence
January 25, 2011
-15 -
CITY MANAGER'S BRIEFING
WASTE MANAGEMENT
ITEM # 60585 (Continued)
Yard Debris Initiatives
FY2010 Disposal to Southeastern Public Service Authority at $56.01/Ton Tip Fee
FY2011 Contract DisposaUCompost at $36.99/Ton
Cost Saving FY2011= $500,000
Cost Saving FY2012 = $800,000
Increase Recycling Rate From 17% to 35%
Current Study with DOE Grant Funding
❑ Indoor Composting/Transfer Station/Storm Debris/Mulching
❑ Study Complete in May 2011
❑ To provide initial site planning for the ITA Waste Management Area
Potential Public -Private Partnership
❑ Contract for DisposaUCompost/Biofuel/Mulching
❑ Coordinate With ODUAlgae Farm
YARD DEBRIS
CONTAINERS
• These Yard Debris Containers provide Service by Request/4,000 Per Year
• 24 —17 Cubic Yard Containers, 4 Trucks, 4 Full Time Employees FTE's
• Woody Debris/Re-Use as Mulch
• 3,500 Tons Annually
January 25, 2011
-16 -
CITY MANAGER'S BRIEFING
WASTE MANAGEMENT
ITEM # 60585 (Continued)
Yard Debris Containers
Costs and Revenues
• User Fee - $40IWeekday, $75IWeekend
• $200,000IYear Revenue
• $550, 000IYear Cost
• $350, 0001Year Net Cost
• $100/Ton
• Cost $0.23IMonth/Residence
Bulk Items/Special Collections
• Service by Request/115,000 Per Year
• White Goods, Garage Cleanups
• No (MSW) Municipal Solid Waste or Building Materials
• Emergency Response
• 9 Boom Trucks, 18 Full Time Employees
• 8,000 Tons Annually
• $2.3-Million/Year
• $287.50/Ton
• Most Expensive Program Per Ton
• Cost $1.56/Month/Residence
Recycling Programs
• Residential
• Drop -Off Containers
• Municipal
Residential
• Blue Containers
• Bi -Weekly Collection via Contract
• 35,000 Tons Annually
• 67% Participation, 17% Diversion
• Clean Community Commission
• Two (2) Full Time Employee's (FTE's)/Collateral Duties
Residential Costs
• $5.8- Million/Year
• Cost $46.30IYear/Residence ($3.86IMonth)
• Costs Saved $2.3 Million SPSA, $2.5 -Million Collections ($4.8 -Million)
January 25, 2011
-17 -
CITY MANAGER'S BRIEFING
WASTE MANAGEMENT
ITEM # 60585 (Continued)
Recycling Initiatives
• Every Ton in the Blue Container Saves One Ton of SPSA Tipping Fees ($65.35/Ton)
• Clean Community Commission — 5, 000 New Advocates
• Emphasis on Marketing
• Increase to 20% in FY12 Saves $325,000
• Increase to 25% in FY13 Saves $900,000
• Same 25% Rate in FYI Saves $1.5 -Million
Drop-off Containers
• Four Locations
❑ Municipal Center
❑ First Landing State Park
❑ Virginia Beach Landfill
❑ Princess Anne High School
• Recycling Opportunityfor Multi family Residential
• Large Boxes
• Peak Volumes
• 2,000 Ton/year
Municipal Recycling
• City Facilities
• Until Summer 2010 Office Paper
• Expanded to Same Service as Residential
• Battery Recycling
• Oceanfront Recycling
• Schools
• 70% Switch from (MSW) Municipal Solid Waste to Recyclables
• Buildings #1 & #2: 17 black 95 gallon carts down to 5 per day
Disposal Operations
Landfill Operations
SPSA (Southeastern Public Service Authority)
January 25, 2011
-18 -
CITY MANAGER'S BRIEFING
WASTE MANAGEMENT
ITEM # 60585 (Continued)
COMPARISON OF SITE DEVELOPMENT SCENARIOS
MSW AND M ASH DISPOSAL
Scenario & Description
Disposal Capacity
Airspace
(Million Cubic
Yards)
Capacity
(Millions
Tons)
Lifespan
I (Years)
MSW Disposal
Existing permit ('status Quo' Condition)
Phases 213 &3
4
2.2
17
8
4.8
24
Tota 1
12.0
7.0
41
MWC Ash Disposal
Existing permit ('Status Quo' Condition}
Phases 2B &3
4
4.0
28
8
8.10
75
Tota 1
12.0
12.0
103
Mr. Davenport displayed photographs of Landfill Operations.
Landfill Operation
0 Opened 1976 for all City Waste
0 Use and Support Agreement Expires January 2018
0 Ash and Residue Agreement Expires December 2015
0 SPSA Pays for Landfill Operating Costs - $2 -Million
0 200,000 Tons Ash Annually
0 5% City MSW Saving $525, 0001Year
0 15 Full Time Employees
0 Costs $1.35IMonthlResidence
Landfill Initiatives
• Convenience Center
• Tarps as Alternative Daily Cover
U Saves Air Space
U Reduce Material Costs
• Mulch Recovery in Cell 2A
January 25, 2011
-19 -
CITY MANAGER'S BRIEFING
WASTE MANAGEMENT
ITEM # 60585 (Continued)
Convenience Center
• Free Drop -Off for Virginia Beach Residents
• Keeps Private Vehicles Off HilUFaster/Safer
• Increases Capture of Recyclables and HHW (Household Hazardous Waste)
• Allows Smaller Work Face on Hill
❑ Less Cover Material
❑ Less Operating Costs
❑ Gains Air Space
❑ Saves $660,000 of airspace per year (26,439 cubic yards)
Household Hazardous Waste/White Goods/Mulch
Previous SPSA Operation
City Operation September 2010
Increased City Revenue/Lowered Costs
Mulch 4,000 Tons Woody Debris for P&R
Cost $500K/Year
Cost Savings $350,000 Annually
Methane Recovery
Voluntary for Our Size Landfill
City Contract with Ingenco
Maintenance of Recovery System
Useful for Odor Control
Environmental Benefits
Annual Revenue of $65,000
Virginia Beach Landfill Capital Improvement Program Costs
For Currently Permitted Phases
Phase I Closure to begin in 2013
❑ $16 -Million Total Cost
❑ $ 9 -Million+/- SPSA Cost Share
❑ $6 -Million local funds in CIP
Phase 2A Closure 2015 -2016
❑ $7.6 -Million Total Cost
❑ $6.8-Millionl- SPSA Cost Share
Phase 4 Development 2014
❑ $23.6 -Million (needed to open in Jan 2016)
❑ Full City Cost
Total $47.2 - Million
$15.80 - Million SPSA
$31.4 - Million City
January 25, 2011
-20 -
CITY MANAGER'S BRIEFING
WASTE MANAGEMENT
ITEM # 60585 (Continued)
Southeastern Public Service Authority Municipal Solid Waste Tipping Fees
•
FYI] -
$56.01
• FY12 -
$65.35
• FY13 -
$65.35
• FY14 -
$65.35
• FY15 -
$65.35
• FY16 -
$87.67
• FYI -
$110.00
• FY18 -
$97.50
Total 7 Year Increase
Average Yearly Increase
FY12 First Year Increase
Program Support
• Program Management
• Customer Service —155, 000 Calls, 25, 000 E-mails
• Contract Administration
• Accounting/Budgeting
• Payroll
• Safety/Equipment Coordination
• $9 73, 0001Year
• 3% of Total Budget
• Cost $0.66IMonth/Residence
$ 8.9 -Million
$10.5 -Million
$10.5 -Million
$10.5 -Million
$10.5 -Million
$14.0 -Million
$17.6 -Million
$15.6 -Million
$26.9 -Million
$ 3.8 -Million
$ 1.6 -Million
Program Support Costs
FY12 WASTE MANAGEMENT OPERATING BUDGET
• Collection
$21.2M
145.5 FTE
• Recycling
$ 5.8M
2 FTE
• Disposal
$ 4.2M
15 FTE
• Program Support
$ 1.0M
15 FTE
• Operating BUDGET
$32.2M
178.5 FTE
January 25, 2011
-21 -
CITY MANAGER'S BRIEFING
WASTE MANAGEMENT
ITEM # 60585 (Continued)
CAPITAL EQUIPMENT REPLACEMENT
• Current Average Life exceeds 10 Years
• Industry Standard is 7 Years
• Impacts of Current Replacement Schedule:
• Increased Maintenance Costs
• Increased Breakdowns
• Requires More Spare Vehicles
• More travel time for single axle vehicles
• 29 rear loader yard debris trucks
• 13 grapple bulk item trucks
• 7 hook lift yard debris/convenience center trucks
• 41 single rear axle MSW trucks
• 18 tandem axle MSW trucks
• Goal: replace 41 single axle with 30 tandems (7 per year)
• Cost per tandem vehicle: $228,660 in FY12
• FUNDING REQUIRED FOR SEVEN YEAR REPLACEMENT SCHEDULE (MINIMAL
INDUSTRY STANDARD):
• FY09
$1.1 -Million
• FY10
$0.9 -Million
• FYI]
$0.9 -Million
• FY12
$3.1 -Million
• FY13
$3.2 -Million
• FY14
$3.0 -Million
• FY15
$2.7 -Million
• FY16
$2.7 -Million
• FYI
$3.6 -Million
• FY18
$3.7 -Million
FY 12 THRUFY18
Total 7 year Increase $15.7 -Million
Average Yearly Increase $ 2.2 -Million
FY12 First Year Increase $ 2.2 -Million
Landfill Maintenance and Regulatory Compliance
Landfill Regulatory Permits
• Landfill Permit Department of Environmental Quality (DEQ) — Establishes:
• Design and operating standards
• Groundwater and gas monitoring requirements
• Closure and post closure care requirements
• Financial Assurance
• Virginia Pollutant Discharge Elimination System (VPDES) Permit — DEQ
• Title V Air Permit - DEQ
• Industrial Wastewater Discharge Permit — Hampton Roads Sanitation District (HRSD)
• $500,000 annually
January 25, 2011
-22 -
CITY MANAGER'S BRIEFING
WASTE MANAGEMENT
ITEM # 60585 (Continued)
w�
FY 12 BUDGET
OPS SPSA
$21.7 M + $10.5 M +
$32.2 -
Million
Operating
Costs
L*
CAPITAL
EQUIPMENT
REPLACEMENT
$3.1 M
LMRC
+ $0.5 M
TOTAI. FY 12
REQUIREMENTS
$35.8 -Million
Current FY12 Budget Target $28.5M
This reflects a 6.6% reduction of $3.7M
__FY12 to F -Y -18 -Requirement -s
�- Waste Management Projected Costs
FY 2011 through FY 2018
Millions
"Landfill Maintenance Regulatory Compliance
Total 7 Year Increase
Average Annual Increase
FY 12 Waste Management Target
FY 12 Requirements above Target
$58.2 -Million
$ 8.3 -Million
$28.5 -Million
$ 7.3 -Million
January 25, 2011
Ops
Di SPSA
o
is sa
Equipment LMRC"
Total
FY 2011
21.6
8..9
0.9 0.5
31.9
FY 2012
21.7
10.5
3.1 0.5
35.8
FY 2013
22.4
10.5
3.2 0.5
36.6
FY 2014
23.0
10.5
3.0 0.5
37.0
FY 2015
23.7
10.5
2.7 0.6
37.5
FY 2016
24.4
14.0
2.7 0.6
41.7
FY 2017
25.2
17.6
3.6 0.6
47.0
KY 2018
25.9
15.6
3.7 0.7
45.9
"Landfill Maintenance Regulatory Compliance
Total 7 Year Increase
Average Annual Increase
FY 12 Waste Management Target
FY 12 Requirements above Target
$58.2 -Million
$ 8.3 -Million
$28.5 -Million
$ 7.3 -Million
January 25, 2011
-23 -
CITY
23 -
CITY MANAGER `S BRIEFING
WASTE MANAGEMENT
ITEM # 60585 (Continued)
FY12 Budget Deficit
• $21 -Million City revenue shortfall
• Targets to Departments:
❑ 6.6% Reduction in non-public safety
❑ 2.5% Reduction to public safety
• 3'd year reductions creating severe negative impacts to City service delivery and all department
mission execution
• Waste Management Program review identifies several issues
❑ Essential service for maintaining our Quality of Life
❑ Requires `Must Fund' appropriation at expense of other missions
❑ Inequity that this service is covered in Real Estate Tax
❑ Municipal Solid Waste (MSW) lends itself for consideration of several funding options
❑ Adopting a change in program funding could assist in developing the City's long term
financial strategy
❑ Decline in Real Estate Taxes places importance on review of fees for services
Waste Management Program
Evaluation for FY 12 Budget Decision
• Yard Debris Operational Costs = $ 3.6M
• Municipal Solid Waste (MSW) Operational Costs = $14.8M
Yard Debris Collection
Seasonal Variations
Neighborhood Variations
Individual User Variations
Labor intensive
Very costly to outsourcelprivatize
Provides storm clean up
Key contributor to our clean City — Quality Of Life
Lesser capital equipment replacement costs
Lower cost per pickup ($1.87)
Elimination of service: illegal dumping, backyard composting,
Storm water impacts
Staff recommendation to the City Manager. Retain as a City delivered service
January 25, 2011
-24 -
CITY MANAGER'S BRIEFING
WASTE MANAGEMENT
ITEM # 60585 (Continued)
Municipal Solid Waste (MSW) City Collection
Predictable flow
Established routes with consistent service delivery
Lowest labor costs thru highest mechanization
Easiest to outsource/privatize
90.4% Citizen Satisfaction Rating
Higher cost per pick up ($2.30)
Must fund when a City provided service
Funding alternatives could provide a significant impact on the General Fund deficit
Staff recommendation to the City Manager. Consider alternatives for funding
Municipal Solid Waste (MSW) Funding Alternatives
Contract Collection
Privatize Collection
Open Market
Franchise
Retain City Collection
Fee for Service
Real Estate Tax
MSW Contract Collection
• Definite private sector interest
• Disposal still required to go to SPSA
• City retains responsibility to customers
• Less control over work and responsiveness
• Increased contract management costs
• Risk of lowball contract/increased claims
• Risk of poor contract performance
• Magnitude of savings to General Fund — minimal at best
• High likelihood of increased program cost
• Disposal of City equipment
• Reduces size of government but more likely not the cost
January 25, 2011
-25 -
CITY MANAGER'S BRIEFING
WASTE MANAGEMENT
ITEM # 60585 (Continued)
MSW Privatized Collection
Open Market Alternative
• Customers Contract With Private Haulers
• Disposal still required to go to SPSA
• Least Amount of City Control
• Multiple Haulers in Neighborhoods
• Every Day is Trash Day
• More Wear and Tear on Neighborhood Streets
• Savings to General Fund $14.8M
• Cost Range $16-21/Month
• Disposal of City Equipment
• Reduces size and cost of government
• Increased illegal dumping/code enforcement
MSW Privatized Collection
Franchise Alternative
• City-wide or by quadrant
• More Control Than Open Market
• Disposal still required to go to SPSA
• Customers Contract Directly with Franchisee
• Savings to General Fund $14.8M
• Cost Range $17-22/Month
• City Receives Franchise Fee
■ Offset Revenue for Additional Inspectors
■ Offset costs to retain Yard Debris service
• Disposal of City Equipment
• Reduces size of government
• Increased illegal dumping/code enforcement
Fee for Service
Waste Collection Fee
Monthly Fee Annual Fee
Annual Revenue'
$6.00 $72.00
$8,413,200.0Qi
$7.00 $84.00
$9,815,400.00!
$8.00 $96.00
$11,217,600.00'
$9.00 $108.00
$12,619,800.t�ii.
$10.04 $120.00
$14,022,000.001,
$Moo $132.00
515,424,200.00'I:
S12.00 $144.00
$16,826,400.00''.
$13.00 $156.00
$18,228,600.00;
514.00 $168.00
$19,630,800.00,
Annual revenue is based on 123,660 customers.
Revenues include a 5% vacancy rate.
The proposed FY12 Budget for MSW (operating, tipping fees) is $14.8M. Full MSW
cost recovery (including billing) of this amount would require a monthly fee of $11.
This fee does not include annual capital equipment replacement costs.
January 25, 2011
-26 -
CITY MANAGER'S BRIEFING
WASTE MANAGEMENT
ITEM # 60585 (Continued)
MSW City Collection
Real Estate Tax
1¢ in Real Estate Tax for FY12 = $4.95M
MSW total cost $14.8 -Million per year (no billing and
no capital equipment replacement costs)
Cents/$100
Revenue Created
Fee for Service
Comparison
% of MSW Cost
Covered
1
$ 4.95 -Million
$ 3.34
33.4
2
$ 6.67 -Million
$ 6.67
66.9
3
$14.85 -Million
$10.01
100
Municipal Solid Waste (MSW) Collection Funding Choices
• No changes to funding: distribute budget cuts to other Departments, services, programs,
and/or dedications
• Contract service delivery: minimal initial savings transitioning to a good chance of
increased costs
• Privatize service delivery: maximize savings to General Fund by conveying costs to service
recipients
• City Collection: RE Tax vs. Fee for Service
❑ Requires a fee structure to account for:
■ MSW annual operating costs (baseline $14.8 -Million)
■ Additional $58.2 -Million thru end of SPSA contract
❑ Equity discussion for residents and businesses
❑ 5 month billing preparation period requires $200K
General Fund Impact of Municipal Solid Waste (MSW) Funding
• FY12 Waste Management Target $28.5M
• FY12 Waste Management Requirements $35.8M
• FY12 Waste Management Program Deficit $ 7.3M
• Municipal Solid Waste (MSW) Funding Option $14.8M
• General Fund Deficit Offset $ 7.5M*
*Based on fully funding capital equipment replacement on a 7 -year cycle
January 25, 2011
-27 -
CITY MANAGER'S BRIEFING
WASTE MANAGEMENT
ITEM # 60585 (Continued)
NEXT STEPS
• Support further City Council discussion
• Receive Manager's FY 2012 Budget Recommendation
• City Council approval of FY12 Budget
• Expect June 25 presentation: Post 2018 Alternatives
January 25, 2011
-28 -
CITY MANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 60586
DUE TO TIME CONSTRAINTS, the INTERIM FINANCIAL STATEMENT Briefing was
RESCHEDULED to the February 1, 2011, CITY COUNCIL WORKSHOP.
January 25, 2011
-29 -
CITY MANAGER'S BRIEFING
AGENDA REVIEW SESSION
5:33 P.M.
ITEM # 60587
BY COSENSUS, the following items shall compose the CONSENT AGENDA:
K 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 ofproperty 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
January 25, 2011
-30 -
AGENDA REVIEW SESSION
ITEM # 60587 (Continued)
8. Resolutions to REQUEST the Virginia Department of Transportation (VDOT)
ACCEPT and begin urban maintenance payments to the Cityfor:
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-I1
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
Item K6 Resolution re the (2010 Virginia Beach Alternative Energy Task Force
Report) shall be ADOPTED, BY CONSENT, AS REVISED, to include Light Rail.
January 25, 2011
-31 -
AGENDA REVIEW SESSION
ITEM # 60588
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
L. PLANNING
Application of CAPE HENRYRACQUET 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
2. Application of WILLLIAMH. THUMEL, JR. for a Conditional Use Permit re
an indoor recreation (Bridge Club) at 4966 Euclid Road
DISTRICT 2 - KEMPSVILLE
3. Application of KEMP ENTERPRISES for a Change of Zoning from PD -H2
Planned Unit Development Overlay (A-24 Apartment) to P-1 Preservation at
Bonney Road re Open Space
DISTRICT 2 - KEMPSVILLE
4. Application of OCEAN TRACE CONDOMINIUM ASSOCIATION, INC. for a
Conditional Change of Zoning District Classification from A-18 Apartment to
Conditional A -I8 Apartment at 1225 Old Virginia Beach Road to restrict the
residential units to no more than 48
DISTRICT 6 - BEACH
5. Application of OCEAN TRACE, L. C. for a Conditional Change of Zoning
District Classification from A -I8 Apartment and A-12 Apartment to Conditional
A-24 Apartment at 1225 Old Virginia Beach Road re 64 existing apartment units
DISTRICT 6 - BEACH
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
Ordinance to AMEND/REVISE the Comprehensive Plan by adopting the
Interfacility Traffic Area and Vicinity Master Plan
Item L. 6. Application of RAYMOND L. GOTTLIEB for an APPEAL of the City Manager's Decision
Pursuant to Section 7 of the Site Plan Ordinance shall be DEFERRED INDEFINITELY, BY
CONSENT.
January 25, 2011
-32-
CITY
32-CITY COUNCIL COMMENTS
ITEM # 60589
5:30 P.M.
Councilman DeSteph distributed two (2) Versions of a proposed Ordinance for City Council's review:
Ordinance to ADD Section 2-8 (or 5-103) of the City
Code pertaining to the creation of the Animal Control
Unit Advisory Board
January 25, 2011
-33 -
ITEM # 60590
Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose
PERSONNEL MATTERS: Discussion, consideration of, or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711 (A)(1)
Council Appointments: Boards, Commissions, Committees,
Authorities, Agencies and Appointees
LEGAL MATTERS: Consultation with legal counsel employed or
retained by a public body regarding specific legal matters requiring the
provision of legal advice by such counsel pursuant to Section 2.2-3711
(A) (7)•
Operation Smile
Upon motion by Councilman Dyer, seconded by Vice Mayor Jones, City Council voted to proceed
into CLOSED SESSION at 5.36 P.M.
Voting: 11-0
Council Members Voting Aye.-
Rita
ye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph,
Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor
Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
(Closed Session: (5: 36 P.M. - 5: 50 P.M.)
January 25, 2011
-34 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
January 25, 2011
6:00 P.M.
Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 25, 2011, at 6:00 P.M.
Council Members Present:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph,
Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor
Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood.
Council Members Absent:
None
INVOCATION: Reverend Edgar Williams, Jr.
Village Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297
Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles,
TowneBank has an interest in numerous matters in which he is not personally involved and of which he
does not have personal knowledge. In that regard, he is always concerned about the appearance of
impropriety that might arise if he unknowingly participates in a matter before City Council in which
TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne
Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and
spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is his practice to
thoroughly review each City Council agenda to idents any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal
interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter
with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of
March 24, 2009, is hereby made apart of the record.
January 25, 2011
-35 -
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made apart of the
record.
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made apart of the record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential
Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the
volume of transactions it handles in any given year, Prudential has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made apart of the record.
January 25, 2011
wIm
Iters — V -E.1
CERTIFICATION
ITEM # 60591
Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council CERTIFIED THE
CLOSED SESSION TO BE INA CCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E.
Diezet, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 25, 2011
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM #60590, Page 33, 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.
e.�
DJ
th Hodges Fraser, MMC
City Clerk
January 25, 2011
Item V -F.1
-37 -
ITEM # 60592
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the
MINUTES of the SPECIAL SESSION "Ceremonial Oath of Office" of January 4, 2011, and the
INFORMAL and FORMAL SESSIONS of January 11, 2011.
Voting: 11-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 25, 2011
-38 -
Item V -G1.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 60593
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
January 25, 2011
sm
Item V -H, I.
CERTIFIED CRIME PREVENTION COMMUNITY
(CCPC) Recertification
ITEM # 60594
Mayor Sessoms recognized Garth Wheeler, Director of the Department of Criminal Justice
Services.
Director Wheeler expressed appreciation for this Honor. Approximately thirty-four (34) years
ago he commenced his career in law enforcement in Virginia Beach. He served as a Police
Officer for the City eighteen (18) years, before leaving in 1994 for the Alcoholic Beverage
Control Board. Virginia Beach is still setting standards in 2011, not only within the
Commonwealth but nationwide. In 1976, Virginia Beach was one of the first Police Departments
to actually have computers in the patrol cars. The Certification from the Crime Prevention
Program was created in 1998, by a Directive from the Governor's new partnership Commission
for Community Safety and to recognize communities displaying exemplary efforts in the
prevention of crime. This is the first and only program of its kind in the United States. In 2001,
Virginia Beach and one other community became the first communities to become certified as a
"Crime Prevention Community" on the same day. Since that time, a total of only fifteen (15)
communities have been certified and only thirteen (13) remain certified. This is the second time
the City of Virginia Beach has re -certified in this community -driven prevention recognition
program. Director Wheeler noted items with which the Criminal Justice Services Board is
particularly impressed: Virginia Beach has remained one of the safest cities of its size in the
United States, claiming the lowest violent crime rate in the Nation (of all cities with a population
between 350,000 and 750, 000). Virginia Beach's efforts to reach "at risk" youth through
community development and programs are notable. Virginia Beach is one of the few localities to
provide DARE in both public and private schools. The involvement of the Citizens Advisory
Committees and the numerous annual community awards for those involved in prevention, no
doubt, contribute to the willingness of the community, the businesses and the citizens to
voluntarily be a part of the solution to crime. Virginia Beach is a Virginia Leader in the Crime
Stoppers Program, raising funds for that program in excess of $51, 000 in 2009 alone
Director Wheeler PRESENTED with Honor and Privilege:
CERTIFIED CRIME PREVENTION COMMUNITY
(CCPC) RECERTIFICATION CERTIFICATES
to:
Honorable William D. Sessoms, Jr.
Mayor
James Cervera
Chief of Police
Deputy Chief Anthony F. Zucaro, Jr. ACCEPTED the Certificate on behalf of Chief Cervera
and recognized the Leadership Team of the Crime Prevention Unit. Deputy Chief Zucaro
advised Chief Cervera extends regrets as he is representing the Police at the major cities Chiefs'
Conference in Northern Virginia.
Mayor Sessoms expressed appreciation to the Virginia Beach Police Department for assisting in
making Virginia Beach the "Greatest City in the World':
January 25, 2011
Item V -I.1. alb
PUBLIC HEARING
-40 -
ITEM # 60595
Mayor Sessoms DECLARED A PUBLIC HEARING.
1. SALE OF EXCESS CITY PROPERTY
a. Ferry Point Road
b. 2220 Reuben Road
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
January 25, 2011
Item V -I.2. a/blc
PUBLIC HEARING
-41 -
ITEM # 60596
Mayor Sessoms DECLARED A PUBLIC HEARING:
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"
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
January 25, 2011
Item V-3. alb
PUBLIC HEARING
!IFPZ
ITEM # 60597
Mayor Sessoms DECLARED A PUBLIC HEARING:
SALE OF RESTRICTIVE EASEMENTS
a.Landstown Road
b.Landstown and Salem Roads
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
January 25, 2011
Item V-4.
PUBLIC HEARING
-43 -
ITEM # 60599
Mayor Sessoms DECLARED A PUBLIC HEARING:
GOODSPEED ROAD at DISCOVERYROAD
Acquisition by Agreement or Condemnation
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
January 25, 2011
-44 -
Item V -K.
ORDINANCESIRESOL UTIONS ITEM # 60600
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE
MOTION Items 1, 2, 3, 4, 5, 6 (REVISED), 7, 8, 9(a-fi, 10, 11 and 12 of the CONSENT AGENDA.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Item K.6. (Resolution re the 2010 Virginia Beach Alternative Energy Task Force Report was
ADOPTED, BY CONSENT, AS REVISED, to include Light Rail.)
January 25, 2011
-45 -
Item V -K. I. a. b.
ORDINANCESIRESOL UTIONS ITEM # 60601
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinances to AMEND the City Code:
a. Section 2-72 re Personnel Board Members
b. Section 35-182 re admissions taxes
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay.-
None
ay:
None
Council Members Absent:
None
January 25, 2011
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 these fire+
17 ,
18 years and two (2) for three (3) yeaFs. TheFeafter, members shall be appeinte
19 the full form of three (3) 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 mel 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.
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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.
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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 25th day
of January , 2011.
APPROVED AS TO CONTENT
partment of Human Resources
CA11752
R-2
January 3, 2011
APPROVED AS TO LEGAL SUFFICIENCY:
/J
City Att rney's Office
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AN ORDINANCE TO AMEND SECTION 35-
182 OF THE CITY CODE PERTAINING TO
ADMISSIONS TAXES
SECTION AMENDED: § 35-182
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 35-182 of the Code of the City of Virginia Beach, Virginia, is hereby
amended and reordained to read as follows:
Sec. 35-182- Levy of taxes; classification; amount; administration.
(a) Classifications. Pursuant to Code of Virginia § 58.1-3817, events to which
admission is charged are divided into the following classes, and there are hereby
imposed and levied the following taxes:
(1) School -sponsored events. No tax shall be imposed or levied on the admission
charge to attend any event at a public or private elementary, secondary, or
college school -sponsored event, including any event sponsored by a school -
recognized student organization.
(2) Museums, gardens and zoos. A tax of ten (10) percent of the admission
charge for entry into museums, botanical or other similar gardens, and zoos.
(3) Participatory sports. A tax of five (5) percent of the amount charged to
persons actively participating in sporting events or athletic contests or
activities. Admission charges for spectators who observe, but do not
participate in, sporting events or athletic contests or activities shall be taxed at
the rate imposed and levied by subsection 35-182(a)(4).
(4) Admissions generally. A tax of ten (10) percent of the admission charge for all
other admissions, including admissions to any place of amusement or
entertainment. As used in this section, "place of amusement or entertainment"
shall mean any place or event open to the public and located in the city where
amusements and entertainments, including but not limited to the following,
are located, performed, exhibited or conducted:
(i)Any motion picture, play, concert, dance or stageshow;
(ii)Any sporting or athletic contest, exhibition or event;
(iii)Any circus, carnival, fair or amusement park;
(iv)Any sporting or recreational activity, except where the person admitted
is participating in the sporting or recreational activity;
(v)Any lecture, speech or dissertation;
(vi)Any show, display or exhibition (e.g., antique show, art exhibition, boat
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 event 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.
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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 general admissions and subject 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 this29th
day of 7anilar3z , 2011.
APPROVED AS TO CONTENT
Commissione o evenue
CA11768/R-2/January 6, 2010
APPROVED AS TO LEGAL SUFFICIENCY:
y ney's Office
-46 -
Item V -K. 2.alb.
ORDINANCES/RESOLUTIONS ITEM # 60602
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT.
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
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 25, 2011
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.
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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 25th day of January , 201_.
THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF
ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
CA11675
DATE: 12/11/2009
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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
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.
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.
CL
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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.
WHEREAS, the City of Virginia Beach (the "City") is the owner of that
certain parcel of land located at 2220 Reuben Street (the "Property"), more particularly
described on Exhibit "A" attached hereto and made a part hereof;
WHEREAS, the City acquired the Property pursuant to the APZ-1
Acquisition Program;
WHEREAS, the City funded the acquisition of the Property through a
partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party
contributing fifty percent (50%) of the funds;
WHEREAS, at the time of acquisition, the Property was improved with one
single-family home that has been demolished;
WHEREAS, Miguel and Antonina Cedeno own the adjacent property and
they have requested to purchase the Property in order to utilize it in a manner
compatible with the APZ-1 Ordinance;
WHEREAS, Mr. and Mrs. Cedeno desire to purchase the Property in
accordance with the Summary of Terms attached hereto as Exhibit "B";
WHEREAS, the City Council is of the opinion that the property is in excess
of the needs of the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Property is hereby declared to be in excess of the needs of the
City of Virginia Beach and that the City Manager is hereby authorized to execute any
documents necessary to convey the Property to Miguel and Antonina Cedeno in
accordance with the Summary of Terms attached hereto and such other terms,
conditions or modifications deemed necessary and sufficient by the City Manager and in
a form deemed satisfactory by the City Attorney.
Further, that the revenue from the sale of the Property in the amount of $14,528
shall be received and appropriated to CIP #9-060, Oceana and Interfacility Traffic Area
Conformity and Acquisition, of which fifty (50) percent shall be reserved for the purpose
of the City Manager refunding the Commonwealth's portion in accordance with the grant
agreement. A manual encumbrance will be established to ensure that the $7,264
retained by the City will be available for property acquisition in future years.
This ordinance shall be effective from the date of its adoption.
50
51 Adopted by the Council of the City of Virginia Beach, Virginia, on the
52 25th day of January , 2011.
CA11679
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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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-47 -
Item V -K. 3.
ORDINANCES/RESOLUTIONS ITEM # 60603
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
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)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
Cid
Council Members Absent:
None
January 25, 2011
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
10 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.
e,
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 25tiday Of January , 2011.
R-1
1/18/2011
CA11411
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APPROVED AS TO CONTENT APPROVED AS TO CONTENT
Public Works Manage ent ervices
APPROVED AS TO LEGAL
SU IENCY
77
City Attorney e
EXHIBIT A TO GRANT OF EASEMENT
TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES
LAND USE COMPATIBILITY IN NOISE ZONES
Land Use
Land Use
Compatibility
Land Use Name
70-75 dB
DNL
>75 dB
DNL
Residential and Related
Single-family dwellings
N
N
Semidetached dwellings
N
N
Attached dwellings/townhouses
N
IN
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
Y
Cultural, entertainment and recreational
Cultural activities (& churches)
Y
N
Nature exhibits
N
N
Public assembly halls
N
N
Auditoriums, concert halls
Y
N
Outdoor music shells, 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
Y
Y
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
Ordinance 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\cycom 32\wpdocs\d029\p008\00073277.doc
1 Increased to up to approximately $7,000,000, to the extent funds are available by ORD -3053C adopted
September 23, 2008.
-48 -
Item V -K.4.
ORDINANCES/RESOLUTIONS ITEM # 60604
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
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
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 25, 2011
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 CONDEMNATION
8
9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a
10 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 seg., Sections 33.1-91, et sec ., and Title
20 25.1 of the Code 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 25th day of
34 January , 2011.
PREPARED: 1/10/2011
CA11676
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APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY
AND FORM
20M. C s
LIC WORKS/" E E CITY T RNE
Item V K.S.
ORDINANCES/RESOLUTIONS
-49 -
ITEM # 60605
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
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
b. Kempsville Greens Golf
c.. Red Wing Golf
Voting: 11-0 (By Consent)
Council Members Voting Aye:
3425 Club House Road
840 Princess Anne Road
1144 Prosperity Road
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 25, 2011
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
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
WHEREAS, the City of Virginia Beach (the "City") is the owner and operator of
three 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) (collectively,
the Courses);
WHEREAS, the City determined that it would be in its best interest to seek an
outside party to operate the Courses;
WHEREAS, on August 8, 2010, the City issued its Request For Proposals (the
"RFP") seeking proposals for the management or lease of the Courses;
WHEREAS, on December 14, 2010, City Council adopted an ordinance seeking
bids for the lease of the Courses and on January 11, 2011 received a bid from Virginia
Beach Golf Management, Inc. ("Tenant") for the lease of the Courses;
WHEREAS, Tenant proposes to lease the Courses for a period of ten (10) years
with two (2) five-year renewals at the mutual option of the City and the Tenant;
WHEREAS, Tenant proposes to invest at least $552,500 in capital improvements
to the Courses within the first twenty-four (24) months of the lease; and
WHEREAS, City staff has determined that the bid of the Tenant is consistent with
the goals of the RFP and has recommended the award of a lease for the Courses to the
Tenant;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a lease for the term for
ten (10) years with two (2) five-year renewals between Virginia Beach Golf
Management, Inc. and the City, for the Courses in accordance with the Summary of
Terms, attached hereto as Exhibit A, and made a part hereof, and such other terms,
conditions or modifications deemed necessary and sufficient by the City Manager and in
a form deemed satisfactory by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia on the , 5 h. day of
Januar u 2011.
APPROVED AS TO LEGAL
SUFFICIENCY AND .F M:
City Attorney
CA11685
VAvbgov.com\DFS 1 AApplicationsVCitylawProdAcycom32\Wpdocs\D007AP007A00051 132.DOC
R-1
January 14, 2011
APPROVED AS TO CONTENT:
C
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.
41
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-50 -
Item V -K. 6.
ORDINANCES/RESOLUTIONS ITEM # 60606
Attorney Steve Romine, 999 Waterside Drive, Norfolk, Virginia, 23452, Phone: 376-9468, represented
Old Dominion Electric Cooperative. Although disappointed with procedural recommendations in the
report encouraging Virginia Beach to take a position in opposition to the Power Plant, ODEC
appreciates the enabling Resolution which confirms the City is not taking a position in opposition to
Cyprus Creek. The permitting re Cyprus Creek has been DEFERRED for eighteen (18) to twenty-four
(24) months. ODEC does support the report. C. David Hudgins, representing ODEC, accompanied Steve
Romine, 4201 Dominion Boulevard, Glen Allen, Virginia, (804) 968-40681(804) 314-6863.
Robert G. Burnley, represented Wise Energy for Virginia and expressed appreciation to the Mayor and
City Council for their leadership on this complicated energy plan. Mr. Burnley believes the ADOPTED
Alternative Energy Plan will go a long way to protect the environment and economy.
Attorney Cale Jaffe, Southern Environmental Law Center, and applaud the Mayor and Ciry Council for
ADOPTING the Mayor's 2010 Virginia Beach Alternative Energy Task Force Report.
Dorothy Holtz, 1304 Downs Lane, Phone: 460-2440, Member of the Sierra Club, spoke in SUPPORT of
the Mayor's 2010 Virginia Beach Alternative Energy Task Force Report.
Ann Williams 408 Lynn Shores Drive, Phone: 589-8736, stated implementation of this Coal Plant would
be detrimental to the quality of life, health and the economy of the Region.
Kristina Salzman, 608 Balfor Court, Phone: 385-4076, chose to move to Virginia Beach for the clean
beaches, beautiful landscaping, wonderful neighborhoods and great schools. Ms. Salzman applauded the
hard work and hopes the Alternative Energy Task Force Report would be voted upon in its entirety
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED AS
REVISED TO INCLUDE LIGHT RAIL, BY CONSENT:
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
January 25, 2011
-51 -
Item V -K. 6.
ORDINANCES/RESOLUTIONS ITEM # 60606 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay.-
None
ay:
None
Council Members Absent:
None
January 25, 2011
ALTERNATIVE VERSION
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 That actions on the procedural recommendations contained within the Task Force
49 Report, including the appointment of a City Energy Advisory Committee, pursuing
50 partnerships to accomplish implementing the recommendations in the Report, and policy
51 recommendations related to uranium mining, offshore oil and natural gas drilling, the
52 proposed Dendron Coal Plant in Surry County, Virginia, and light rail shall be pursued as
53 deemed appropriate on a case-by-case basis by the Council.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of
January , 2011.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA11764
ALT -1
January 24, 2011
-52 -
Item V -K. 7.
ORDINANCESIRESOL UTIONS ITEM # 60607
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Resolution EXPRESSING appreciation to the Governor for his
leadership on transportation funding, supporting his proposal for
GAR VEE Bonds and REQUESTING the General Assembly support his
recommendations
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 25, 2011
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 25th day of
.Tanliary , 2011.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
CA11785
R-2
January 20, 2011
-53 -
Item V -K 8. a/b
ORDINANCES/RESOLUTIONS ITEM # 60608
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
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
Voting: 11-0 (By Consent)
Council Members Voting Aye.-
Rita
ye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 25, 2011
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 25th day
Of January , 2011.
APPROVED AS TO CONTENT:
R4 10--L
Department of Public Works
CA11769
R-2
December 30, 2010
APPROVED AS TO LEGAL SUFFICIENCY:
I
o ey's Office
City of Virginia Beach
Exhibit A - New Streets Public Works / Operations
New Street
Street Type
STREET
FROM
TO
LANE MILES
LOCAL
ANN ARBOR LA
THOMPKINS LA
S CUI.DE-SAC
0.30
LOCAL
AVIATOR DR
TAYLOR FARM RD
S CULDE-SAC
0.24
LOCAL
BATTLE CREEK C"i'
ANN ARBOR [A
S CULDE-SAC
0.10
LOCAL
CEDAR CRESCENT CT
STOWE RD
W CUL-DE-SAC
0.70
LOCAL
CHARITY FARM CT
GUM BRIDGE RD
S CULDE-SAC
0.36
LOCAL,
FIVE GAIT TL
HOLLAND RD
W CUL DE SAC;
0.20
LOCAL
KNIGIITS BRIDGE LN
108' NE RIDGELY MANOR BL
172'N OF IAMBITH LN
1.52
LOCAL
IACKSLEY AR
PRINCESS ANNE RD
I CUL DE SAC
1.00
LOCAL
PORTER CT
HOLLY CRESCENT
W CUL DE SAC
0.66
LOCAL
STUMPY LAKE.: CT
STUMPY LAKE LA
CULDGSAC
0.10
LOCAL.
THREE GAIT TL
FIVE GAIT TL
W CUL. DL: SAC
0.14
Total Lane Miles of LOCAL streets :
5.32
Total Lane Miles of New Street: 5.32
Thursday, November 18, 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 25th
day of January , 2011.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Department of Public Worksi y- o I y's Office
CA11770
R-2
December 30, 2010
City of Virginia Beach
Exhibit B - Changes Public Works / Operations
Street Tvoe STREET FROM TO LANE MILES
LOCAL,
15TH ST
DEAD END
BALTIC AV
0.06
LOCAL
ACHILLES Cf
ACHILLES DR
CUL DE. SAC
0.14
LOCAL
ACHILLES DR
REASOR DR
CUL DE, SAC
0.36
LOCAL
ACKISS AV
L.ONGS'1'REIa' AV
NOR POLK AV
0.36
LOCAL
ADLERAV
DIiC1ARA'IIONRD
SIRINEAV
0.28
LOCAL
ADMIRAL DEGRASSE? WY
PRINCESS ANNE RD
COURTHOUSE RD
0.22
LOCAL
AEGEAN CT
BALFOR DR
E CUI.DE,,-SAC
0.06
LOCAL
AKINBURRY RD
RAYNOR DR
DEAD END
0.20
LOCAL
ALEWIPECI'
DA VINCIDR
CUL-DE-SAC
0.12
Total Lane Miles of LOCAL streets:
1.80
Street Tvne
STREET
FROM
TO
LANE MILES
URBAN MINOR ARTERIAL LYNNHAVEN PK .06 S HOLLAND RD HOLLAND RD 0.30
URBAN MINOR ARI'.RIAI. LYNNHAVEN PK DAI ILIA DR .06 S HOLLAND RD 7.72
URBAN MINOR ARIERIAL LYNNHAVEN PK HOLIAND RD INTERNATIONAL PW 9.54
Total I.ane Miles of URBAN MINOR ARTERIAE, streets: 17.56
Total Lane Miles of Additions/Replaced deletions: 19.36
Ibursday, November I8, 2010 Page I of 2
URBAN MINOR ARTERIAL
LYNNHAVEN PK
0.18 E DAHLIA DR
HOLLAND RD
Deletions/To be replaced
URBAN MINOR AR113RIAL
Street Type
STREET
FROM
TO
LANE MILES
LOCAL
1STH ST
MEDITERRANEAN AV
BALTIC AV
-0.20
LOCAL
ACHILLIES CT
ACHILLIES DR
CUL -DL -SAC
-0.14
LOCAL.
ACHILLIES DR
REASOR DR
CUL-DE-SAC
-0.36
LOCAL
ACKISS AV
LANG ST
NS RR
-0.36
LOCAI.
ADLER AV
SIRENE AV
DECLARA11ON RD
-0.28
LOCAL
ADMIRAL DEGRASSE RD
COUWI' IIOUSE DR
PRINCESS ANNE RD
-0.22
LOCAL
AFGFAN CI'
BALPOR DR
CUL-DE-SAC
-0.06
LOCAL.
AKINBURRY RD
RAYNOR DR
BARRICADE'
-0.20
LOCAL.
ALEWIFE CL'
DAVINCI DR
CUL-DE-SAC
-0.12
Total Lane Miles of LOCAL, streets:
-1_94
Street Tvoe
STREET
FROM
TO
LANE MILES
URBAN MINOR ARTERIAL
LYNNHAVEN PK
0.18 E DAHLIA DR
HOLLAND RD
4.24
URBAN MINOR AR113RIAL
LYNNHAVEN PK
DAI ILIA DR
0.18 E DAIILIA DR
-0.72
URBAN MINOR AWILRIAL
LYNNIIAVEN PK
HOLLAND RD
RIVERBEND RD
-1.24
URBAN MINOR ARTERIAL
LYNNIIAVL'N PK
LYNNIIAVEN RD
INTERNATIONAL PW
-2.08
URBAN MINOR ARTERIAL
LYNNIIAVEN PK
RIVERBEND RD
KINGS ARMS
-1.76
URBAN MINOR ARTERIAL
LYNNIIAVEN PW
KINGS ARMS
LYNNIIAVEN RD
-1.28
'total Lane Miles of URBAN MINOR ARTERIAL streets :
-14.32
Total Lane Miles of Deletions/To be replaced : -16.26
Thursday, November 18, 2010 Page 2 of 2
-54 -
Item V -K. 9. a f
ORDINANCES/RESOLUTIONS ITEM # 60609
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
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
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 S5,516 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 $23,3 68 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
Voting: 11-0 (By Consent)
Council Members Voting Aye.-
Rita
ye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 25, 2011
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 25th day
Of January , 2011.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
Management Services
CA11774
R-2
January 7, 2011
4 1�
APPROVED AS TO LEGAL SUFFICIENCY:
Ci Qr e Office
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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
WHEREAS, the ARP Special Revenue Fund is eligible for reimbursement from
the State for up to 50% of the value of the agricultural preservation easement for the
Truman D. Baxter, Jr. property; and
WHEREAS, the acquisition cost for this easement totaled $288,344.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That $49,900 is hereby accepted from the Virginia Department of Agriculture and
Consumer Services and appropriated, with estimated state revenues increased
accordingly, to the FY 2010-11 Operating Budget of the Department of Agriculture to
partially reimburse the City for the acquisition of a preservation easement.
Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day
of January , 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
FUNDS TO SUPPORT PROGRAMS TO REDUCE JUVENILE
DELINQUENCY FOR PEOPLE WITH MENTAL HEALTH
DISABILITIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
1. $49,642 in federal pass-through grant funding from the Virginia Department of
Criminal Justice Services is hereby accepted and appropriated, with federal revenue
increased accordingly, to the FY 2010-11 Operating Budget of the Department of
Human Services to support programs that target reducing juvenile delinquency for
people with intense mental health disabilities; and
2. $5,516 is hereby transferred within the FY 2010-11 Operating Budget of the
Department of Human Services to provide the required local match.
Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day
of-anilar-y 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
Management Services ` ity Att y's Office
r
CA11781
R-1
January 12, 2011
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
AN ORDINANCE TO ACCEPT AND APPROPRIATE
GRANT FUNDS FROM THE VIRGINIA DEPARTMENT
OF HEALTH FOR THE PURCHASE OF
DEFIBRILLATORS AND RELATED EQUIPMENT FOR
AMBULANCES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA THAT:
1) $23,368 is hereby accepted from the Virginia Department of Health, Office
of Emergency Medical Services and appropriated, with estimated state revenues
increased accordingly, to the FY 2010-11 Operating Budget of the Emergency Medical
Services Department for costs of replacement defibrillators and related equipment; and
2) $23,368 is hereby transferred from the General Fund Reserve for
Contingencies to the FY 2010-11 Operating Budget of the Emergency Medical Services
Department to provide the local grant match.
Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day
of January , 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 y's O ice
CA11780
R-1
January 12, 2011
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 25thday of
January 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:
C'
SO ice
E
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
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 qtr, day
of January 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
APPROVED AS TO LEGAL SUFFICIENCY:
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.
-55 -
Item V -K.10.
ORDINANCES/RESOLUTIONS ITEM # 60610
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
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
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry K
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
MW;
Council Members Absent:
None
January 25, 2011
1 AN ORDINANCE TO ESTABLISH CAPITAL
2 IMPROVEMENT PROJECT (CIP) #3-097, "CIT -
3 AQUARIUM TICKETING AND FINANCIAL SYSTEM
4 INTEGRATION," AND TO TRANSFER FUNDS FROM CIP
5 #2-083 TO CIP #3-097
ir
8
9
10
11
12
13
14
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 25th day
of January 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 C i yAftey s 10iffice
CA11782
R-1
January 12, 2011
swom
Item V -K.11.
ORDINANCES/RESOLUTIONS ITEM # 60611
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT.
Ordinance to TRANSFER $147, 416 from the Health Department to the
General Fund Reserve for Contingencies re a local match for mandated
services
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 25, 2011
1
2
3
4
5
6
7
8
9
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 25th day
of January , 2011.
APPROVED AS TO CONTENT:
1) � I
Management Services
CA11772
R-2
January 5, 2011
APPROVED AS TO LEGAL SUFFICIENCY:
ney's Office
-57 -
Item V -K 12.
ORDINANCES/RESOLUTIONS ITEM # 60612
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
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
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 25, 2011
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 25th
day of January 2011.
APPROVED AS TO CONTENT:
Management Services
CA11771
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 placement 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 for 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 development 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 submarine 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 erected within the project footprint, to measure wind speed and direction at multiple
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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 Denmark
(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 from
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-oven-uns is to develop
accurate metocean 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 of 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 services 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 platform 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 Metocean 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 (7.5 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 metocean 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 Beach is actually owned and operated by the Coastal Data Information Program
(CDIP) of Scripps Institution of Oceanography.
I!
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 nmi) east of Cape Henry in 12 in (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 in (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 in
(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.
111. State of the Art in "Bankable" Offshore Wind Resource Estimation
Tv -Des of Wind Measuring Instrumentation
A typical anemometry mast will have several anemometers (devices to measure wind speed)
installed at different 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
I
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 -Term 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.
r
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 text for explanation.
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 models 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 FIND -1
met tower off Denmark suggest they still are not sufficiently accurate for project financing.
110
100
90
80
70
60
50
40
30
20
10
100
90
80
70
60
50
.e
30
10 10.5 11 11.5 12 12.5
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-1 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 but is not validated for project financing purposes (Reference13 )
E
The aerial photograph of the CLT in Figure 2 suggests that this ocean area is a homogeneous
environment 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 Deranark 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 50 km 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 summer months of peak power demand.
Although the long-term 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-term 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 would yield conservative results off Virginia.
of
CORRELATION
; �. LID9it.
Predicted lonterm record at site measLwed
Ion- "
j data at site —
d I CLT data arclived
dwing same peiiod
CLT long-term archive record
LIDAR me, l �lret, ent. Esc, -in -
Figure 4. Measure -Correlate -Predict (MCP) resource assessment procedure as it might apply
to commercial of wind project development off Virginia. The lowest elevation scanned by
the site-based LIDAR (either on new fixed tower or moored buoy) should be used for correlation
purposes, as this would be closest in elevation to the 43 m anemometer height at the CLT. Since
the LIDAR units 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 long-term reference station described in Reference 19 are:
1. 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 the 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 commercial) 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.
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Use of Fixed Vertical -Profilins LIDARs to Improve Project FinancingTs
As mentioned previously, there are four comrnercially 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 in, 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 m,
whereas the proposed turbine hub height is 90 in.
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 in 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 in 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 1
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).
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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 that 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 GVAVyear 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.
Figure 5. Annual Energy Production (AEP) probability distribution for a hypothetical 50 MW
wind project with 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 to spatial variability across an offshore lease at different turbine locations.
Source of graphic: Reference 23.
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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 Jersey (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 and 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 -tern buoy data records are correlated with a nearby reference station, such as the CLT.
Note that BOEMRE does not require leases for any buoy deployment less than twelve months'
duration, and this 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 scans 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 has demonstrated clear -air effective ranges of 15 to 25 km (Reference 28).
14
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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 m (39 ft). An outboard profile is shown in Figure 8.
ecl;
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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, and 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 m 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.
16
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 ACOS, 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 I: 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 in 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 in 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 in mast and a 105 in 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 m, 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 in, and 105 in. If
the LIDAR unit is not restricted to just five target heights, then measurements also should be
made at 120 in, 135 in, and 150 in above sea level. If the LIDAR unit has a great enough range,
then targeted heights of 165 in 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 in
above sea level 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 the 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.
Phase II: Installation of a Fixed Volume -Scanning 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 ship
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 IO. 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 shown in the volume -scanning LIDAR image of Figure 6.Source: Reference 32.
Figure 11. Conceptual illustration ofLIDAR instrumentation alternatives for testing offshore
wind performance and characterizing velocity -deficit in turbine wakes atNOWTC testpads.
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 11 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]]. Ranges and bearings from the oceanfront Wyndham Hotel to the CLT and to the first
and thrid islands of the Chesapeake Bay Bridge Tunnel.
Figure 12. Nine offshore, coastal, and inland anemometer masts within volume -scanning LIDAR
range of the Wyndham 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 with S -band or X -band marine radar, which have an effective range of only 1 I km
(References 35 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 map 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 three 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 III, 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 single aliquot at would be the site of a fixed, horizontal -scanning LIDAR for
Stage IV, 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, showing possible 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 II 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), then 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 million to $14 million.
Note that even if Phase II verifies the long-range bankable wind measuring accuracy of volume -
scanning LIDARs, 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.
WO
References
1. Second Enactment Clause: House Bill 389 /Senate Bill 577, 2010 Virginia General
Assembly; http://le<gl.state. vaus/c-i-Uir/legp504exe?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
S. 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 a12004
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-intemational.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_stoiy/9651080/article-Deepwater-still-aiming-for-
2012--stand-alone-cable-questioned?instance=home news_lst right
27. Clive "See the Light" Galion overview
28 Lockheed -Martin WindTracer presentation
29. http://www.optoiq.com/index/photonics-technologies-applications/lfw-display/Ifw-aiticle-
display/ 14023 7/articles/laser-focus-world/volume-3 8/issue-4/features/laser-gyros-lidars-guide-
air-and- sp ac e -craft. html
30. Richmond Times Dispatch article about NASA -Langley CERES project on the CLT at
www2.timesdispatch.com/news/201 0/jun/27/clim27-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
Item L.
PLANNING
1. CA PE HENR Y RA CQ UE T CL UB
2. WILLIAM H. THUMEL, JR.
3. KEMP ENTERPISES
4. OCEAN TRACE CONDOMINIUM
5. OCEAN TRACE, L. C.
6. RAYMOND L. GOTTLIEB
-58 -
ITEM # 60613
7. INTERFACILITY TRAFFIC AREA AND
VICINITY MASTER PLAN
MODIFICATION OF CONDITION
No.2 (Approved by City Council
10/10/1973)
CONDITIONAL USE PERMIT
CHANGE OF ZONING
CONDITIONAL CHANGE OF
ZONING
CONDITIONAL CHANGE OF
ZONING
APPEAL of the City Manager's
Decision re denial of the property
owner's request to construct a 34 foot
driveway.
AMEND/REVISE the Comprehensive
Plan
January 25, 2011
-59 -
Item L.
PLANNING ITEM # 60614
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION Items 1, 2, 3, 4, 5, 6 (DEFERRED INDEFINITELY) and 7 of the PLANNING BY
CONSENT AGENDA:
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay.•
None
Council Members Absent.•
None
January 25, 2011
-60 -
Item
60 -
Item L.1.
PLANNING ITEM # 60615
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, 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. (GPIN 2417387823) DISTRICT 6 - BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
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. (GPIN 2417387823)
DISTRICT 6 - BEACH
The following conditions shall be required:
The applicant shall obtain all required permits and inspections 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 (2) tennis courts as depicted on the
submitted exhibit entitled "CBPA VARIANCE EXHIBIT CAPE HENRYRACQUET
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 be 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.
January 25, 2011
Item L.1.
PLANNING
Voting
11-0 (By Consent)
Council Members Voting Aye:
WIR
ITEM # 60615 (Continued)
Rita Sweet Bellitto, Glenn R. Davis,
Diezel, Robert M. Dyer, Barbara M.
Mayor William D. Sessoms, Jr., John
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
William R. "Bill" DeSteph, Harry E.
Henley, Vice Mayor Louis R. Jones,
E. Uhrin, Rosemary Wilson and James
January 25, 2011
Item L.2.
PLANNING
-62 -
ITEM # 60616
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, an Ordinance upon application of WILLLIAM H. THUMEL, JR. for a Conditional Use
Permit re indoor recreation (Bridge Club) at 4966 Euclid Road. (GPIN # 1477132540).
DISTRICT 2 — KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of WILLLIAM H. THUMEL, JR. for a
Conditional Use Permit re indoor recreation (Bridge Club) at 4966
Euclid Road. (GPIN # 1477132540).
DISTRICT 2 — KEMPSVILLE RO11137456
The following conditions shall be required
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 Oficial
within ninety (90) days of approval of this Use Permit.
3. No bulk storage and/or installation of temporary structures shall be permitted on-site.
This Ordinance shall be effective in accordance with Section 107 f of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-fifth day of January,
Two Thousand Eleven
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 25, 2011
-63 -
Item L.3.
PLANNING ITEM # 60617
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, an Ordinance upon 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 )GPIN #1477009793)
DISTRICT 2 - KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of KEMP ENTERPRISES for a Change o
Zoning from PD -112 Planned Unit Development Overlay (A-24
Apartment) to RI Preservation at Bonney Road re Open Space )GPIN
#1477009793)
DISTRICT 2 — KEMPSVILLE ZO1111246
This Ordinance shall be effective in accordance with Section 107 (fi of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-fifth day of January,
Two Thousand Eleven
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 25, 2011
M
Item L.415.
PLANNING ITEM # 60618
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, an Ordinance upon application OF OCEAN TRACE CONDOMINIUM ASSOCIATION,
INC. for a Conditional Change of Zoning District Classification from A -I8 Apartment to Conditional A-
18 Apartment at 1225 Old Virginia Beach Road (GPIN# 2417473777) to restrict the residential units
to no more than 48 DISTRICT 6 - BEACH
and
Ordinance upon 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 (GPIN 2417473777, 2417471875) re 64 existing apartment units
DISTRICT 6 - BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon 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 (GPIN# 2417473777) to restrict the
residential units to no more than 48
DISTRICT 6 — BEACH Z01111247
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of OCEAN TRACE, L. C. for a Conditional
Change of Zoning District Classification from A -I8 Apartment and A-12
Apartment to Conditional A-24 Apartment at 1225 Old Virginia Beach
Road (GPIN 2417473777; 2417471875) re 64 existing apartment
units
DISTRICT 6 - BEACH Z01111248
The following shall be required:
An agreement encompassing proffers on each application shall be recorded with the Clerk
of the Circuit Court and is hereby made apart of the record.
These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-fifth day of January,
Two Thousand Eleven
January 25, 2011
-65 -
Item L.415
PLANNING ITEM # 60618
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 25, 2011
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.
B KW/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, 2010, 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, THEREFORE, the Grantor, for itself, its successors, personal representatives,
assigns, grantee, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any element of
compulsion or quid pro 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. 11oo" 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 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
M
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.
M
WITNESS the following signature and seal:
STATE OF VIRGINIA
CITY/COUNTY OF P �L ✓ ; c
Grantor:
Ocean Trace Condominium Association, Inc.,
a Virginia corporation
y; is ULolt,
(SEAL)
James�Jr, resident
to -wit:
The foregoing instrument was acknowledged before me this _7_+L1
day of September,
2oio, by James B. Farinholt, Jr., President of Ocean Trace Condominium Association, Inc., a
Virginia corporation, Grantor.
My Commission Expires:
Notary Registration No.:
5
Notary Public
• t�� °�i
NOTAR'T
PUBLIC
REG. *249397
MY COMMISSION; e
EXPIRE'
0228114 r
: 4
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, 12.30' 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 ALONG 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 89° 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 20080606000670560, THENCE TURNING AND PROCEEDING
IN A SOUTHERLY DIRECTION ALONG THE WESTERN LINE OF PROPERTY OF OCEAN
TRACE, L.C. S 030 36'36" W, 243.45' 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 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 33'3o" 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, 20.6o' TO
THE TRUE POINT OF BEGINNING. PARCEL DESCRIBED HEREIN BEING 4.190 ACRES
IN SIZE.
GPIN: 2417-47-3777 (Part of)
\\Sykesw2k\users\AM\ConditionalReaoning\Ocean Trace Condominium Assn\Proffer_Clean 9-o7-io.doc
�I
BEA
iW'
U
.-
9
OF OUR NAt\�N
In Reply Refer To Our File No. DF -7837
TO: Mark D. Stiles
FROM: B. Kay Wils;
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, 2010, 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
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: Parcel 1- 2417-47-1875
Parcel 2 — 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-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 qui
d 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 RESUBDA71SION 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
2
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
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:
Ocean Trace, L.C., a Virginia limited liability company "
TT____ T) T`..«,..L.,.la- T.. Aff---
STATE OF VIRGINIA
CITY/COUNTY OF /.L4'" , to -wit:
The foregoing instrument was acknowledged before me thisda y of September,
g' --
2010, James B. Farinholt, Jr., Managing Member of Ocean Trace, L.C., a Virginia limited
liability company, Grantor.
AkA&Y `
Notary Public
My Commission Expires: 06111 4
Notary Registration No.: '7C 6 el -L, 6 Z
M
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1:
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 in 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 Mary 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, LYNN1 AVEN 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 1oo.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 1oo.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, 16o.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 55'2o" 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' 4o" 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,
2
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
ri
ffirfrom
Item L. 6.
PLANNING ITEM # 60619
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED
INDEFINITELY, BY CONSENT, (Due to Attorney's illness), an Ordinance upon 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
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
,TMrQ
January 25, 2011
-67 -
Item
67 -
Item L. 7.
PLANNING ITEM # 60620
Attorney R. J. Nutter, 222 Central park Avenue, represented Kempsville Presbyterian Church (with 2, 000
members). The members have worked very hard to find the right balance on the Interfacility Traffic Area
(ITA) and Vicinity Master Plan Study. The amendments reflect the message of the Church.
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND/REVISE the Comprehensive Plan by adopting the Interfacility
Traffic Area (ITA) and Vicinity Master Plan.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 25, 2011
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.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 25th day of
January, 2011.
ITA and Vicinity Master Plan Study
January 11, 2011 Revisions
October 2010 Document 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."
ATT 7
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 Fnainta 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 stFikethFeug#. 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.
A -T 2
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 all projects employ energy efficient systems, preferably equivalent to or higher than
the standards set for the Leadership in Energy and Environmental Design (LEEDTM)
'Certified' rating.
➢ Ensure all development proposals conform to the provisions of the Oceana Land Use Conformity
program and AICUZ provisions.
,
2
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
appropriate in areas outside of designated 'Special Areas' identified in the Interfacility Traffic Area
and Vicinity Master Plan. and- semw *n&GtFiall uses within this area are PPFGPFeate.
➢ 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.
5
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-07-0--11-1 .... ....... I ................
- ---- - -UWA - --- - - -
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
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)
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The Princess Anne Commons/Transition Area 4-11
7
(Revised map removes references to Northwest Crescent)
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The Princess Anne Commons/Transition Area 4-11
SPECIAL AREAS
There are areas generally 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.
1.1
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 building 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
Thprp are ar4ea6 generally within 'The PrinGessr, Anne Gernmeng-' ;;nd 'TrRnA*t0nn Artv;'thRt desepve
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)
the ITA and Vicinity Area includes
the actual ITA, which spans the
area between NAS Oceania and
HALF Fentress. as well as additional
surrounding areas including the
iorthwest corner of Princess Anne
Commons east of the Green Line,
the undeveloped area north of
the Green Line, and most of the
Drincess Anne Historic and Cultural
District to the east
The Princess Anne Commons/Transition Arca
NTERFACILITY 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 quadrangles 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 ITA and Virginia Beach as a leader in sustainable urban edge development.
INTERFACILITY TRAFFIC AREA AND VICINITY RECOMMENDATIONS
➢0 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
(remainder 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 Capacity
Program Capacity:
➢ Potential for 300,000 square feet of new office space for mixed-use or flexible government space
HISTORIC/CULTURAL 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 wellness 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 "preen" 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 City
➢ Allow for development of a new church and accompanyina 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 Parkway
➢ 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 LABORATORYAND SERVICES
Aerial view of Sustainable and Laboratory Services Area
This 'Green Village' supports public and private uses, education, and civic groups focused on
sustainability efforts. The area brings high profile research mobs and presence, helping reinforce Virginia
Beach's image as 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
➢ Encourage 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 shown ITA an Vicinity Master man
The PrincessAnne Commons/Transition Area 4-14
17
/Z
�
g
|ƒA VICINITY MASTER PLAN
low
The PrincessAnne Commons/Transition Area 4-14
17
21
December 8, 2010 Public Hearing
CITY OF VIRGINIA BEACH
AMENDMENT TO THE COMPREHENSIVE
PLAN - 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 Iters 21
Page 1
k, ,
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
ANDERSON
AYE
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRANGE
AYE
NAY 0 ABS 0 ABSENT 0
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.
RECOGNITION OF BOY SCOUTS ITEM # 60621
Mayor Sessoms RECOGNIZED THE FOLLOWING Boy Scouts and their leaders:
Boy Scout Troop
Sponsored by the Charity United Methodist Church
Josh Thompson
A.J. Thompson
Corey Thrasher
Cole Warren
Mayor Sessoms presented each Scout with a City Seal Pin. These young men are working on their
Citizenship in the Community Merit Badge.
January 25, 2011
Item M.1.
APPOINTMENTS ITEM # 60622
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
COMMUNITY MEDICAL AD VISOR Y COMMISSION
ENERGY ADVISORY COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
TIDEWATER YOUTH SERVICES COMMISSION
January 25, 2011
- 70-
Item
0-
Item M.2.
APPOINTMENTS ITEM # 60623
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Christina M. Trapani
Unexpired term thru 03/3112012
CLEAN COMMUNITY COMMISSION
Voting: 11-0
Council Members Voting Aye.-
Rita
ye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
rtom
January 25, 2011
-71 -
Item M.3.
APPOINTMENTS ITEM # 60624
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Rita Sweet Bellitto
Unexpired term thru 12/31/2012
HAMPTON ROADS PLANNING DISTRICT COMMISSION
Voting: 11-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
I=
Council Members Absent:
None
January 25, 2011
-72 -
Item
72 -
Item M.4.
APPOINTMENTS ITEM # 60625
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Joseph F. Walton
Unexpired term thru 05/31/2013
OPEN SPACE AD VISOR COMMITTEE
Voting: 11-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
r rrra
Council Members Absent:
None
January 25, 2011
- 73-
Item
3-
Item M.5.
APPOINTMENTS ITEM # 60626
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
William D. Almond
Michael Cloud Butler
Jim Davis
R. Preston Midgett, If
Craig Roback
Sylvia N. Strickland
Kenneth C. Taylor
Arthur Webb
Gerrie King West
3 year terms
01/01/2011-12/31/2013
RESORT ADVISORY COMMISSION
Voting: 11-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 25, 2011
-74 -
Items
74 -
Items P.
ADJOURNMENT ITEM # 60627
Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:32 P.M.
Beverly y 0. Hooks, CMC
Chief Deputy City Clerk
iuh �geaser, MMC
City Clerk
City of Virginia Beach
Virginia
William D. Sessoms, Jr.
Mayor
January 25, 2011
Items P.
ADJOURNMENT
- 74-
Items
4-
ITEM # 60627
Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:32 P.M.
BeverlV y U.�Hooks, CMC
Chief Deputy City Clerk
uth Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
A:tl----------
/14z/
William D. Sessoms, Jr.
Mayor
January 25, 2011